,yiMm Pit* IB
TITLE:
XN
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CURRENT PERIODICAL SERIES
♦
PUBLICATION NO
2569
CONGRESSIONAL RECORD.
93rd. CONGRESS. 1st SESSION
VOLUME:
119
ISSUES:
DATE
PARTS 1-2
PAGES 1-2610
JANUARY 3-30,1973
REEL 556
n
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UNITED STATES
OF AMERICA
£onps$lonal Hecord
PROCEEDINGS AND DEBATES OF THE '^
FIRST SESSION
93 ^°
NGRESS
vol;ume 119— part i
JANUARY 3, 1973 TO JANUARY 16, 1973
(PAGES 3 TO 1318)
UNITED STATES GOVERNMENT PRINTING OFFIC^ WASHINGTON, 1973
13
Y
7-
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I y
f
Congressional Hccord
United States '^^
0/ America PROCEEDINGS AND DEBATES OF THE 0 2^C0NGRESS; FIRST SESSION
SEISATE—Wednesday, January 3, 1973
The third of January being the day
prescribed by the Constitution of the
United States for the annual meeting of
the Congress the first session of the 93d
Congress, commenced this day.
The Senate assembled in its Chamber
at the Capitol.
The Senate was called to order by the
Vice President. *
PRAYER
The Chaplain, the Reverend Edward
L. R. Elson, D.D., offered the following
prayer:
God of our fathers and our God, who
has watched over us from generation to
generation, in prosperity and adversity,
in peace and in war, we thank Thee for
this new year with its new horizons, fresh
challenges, and high duties.
Into Thy hands we commit the Grov-
emment of this Nation.
May the solemn Inducticm of some
Members of this body become the renewal
of vows for all. Join us in heart, mind,
and soul to concert our best efforts for
the common good. Make us new men for
new times.
Keep us, O God, so dedicated to Thee
and so completely imder Thy rulershlp
that we may do justly, love mercy, and
walk humbly with Thee all our days.
Through Jesus Christ, our Lord. Amen.
CREDENTIALS— RESIGNATIONS AND
APPOINTMENTS
The VICE PRESIDENT. The Chair
lays before the Senate the letters of res-
ignation of Senator Edwards of Louisi-
ana, together with the certiflcafe of ap-
pointment of Mr. J. BamETT Johnston,
Jr., of Louisiana, which the clerk will
read.
The legislative clerk read as foUows:
NOVZMBEB 13, 1972.
Hon. Edwin W. Edwards,
Goveriior of Louisiana.
Baton Rouge, La.
Dkak Governor Edwards: I hereby tender
my resignation as a member of the United
States Senate from LoulsUuia, to become ef-
fective at the close of bvisiness on Monday,
November 13, 1972.
Sincerely,
Elaine S. Edwards.
TI.S. Senate,
Washington. D.C., November 13. 1972.
Hon. Spiro T. Agnew,
Vice President of the United States,
Washington, D.C.
Mr Dear Mr. Vice President: I hereby
tender my resignation as a member of the
CXIX 1— Part 1
United States Senate from Louisiana, to
become effective at the close of business on
Monday, November 13. 1972.
Sincerely yours,
' Elaine S. Edwards,
U.S. Senator.
State of Louisiana,
Executive Department,
Baton Rouge, November 14. 1972.
To the President or the Senate op the
United States and the Secretary of the
Senate op the United States:
Sirs: Under and by virtue of the authority
vested In me by the Constitution of the Unit-
ed States, particularly Amendment XVII
thereof, and Section 1414 of Title 18 of the
Louisiana Revised Statutes of 1950, 1 do here-
by appoint J. Bennett Johnston, Jr., as
Senator from the State of Louisiana to All the
vacancy caused by the resignation of the
Honorable Elaine S. Edwards as Senator from
the State of Iioulslana.
Witness : His Excellency, our Governor, Ed- "
win W. Edwards, and our Seal hereto affixed
at Baton Rouge, Louisiana, this 14th day of
November, in the year of Our Lord, nineteen
hundred and seventy-two.
Edwin Edwards,
Governor.
By the Governor :
Wade O. Martin, Jr.,
Secretary of State,
The VICE PRESIDENT. The Chah-
lays before the Senate the credentials of
Sam Nitnn, duly chosen a Senator by the
qualified electors of the State of Georgia
on November 7, 1972, caused by the
death of Hon. Richard Brevard Russell,
which without objection is ordered to b«
placed on file. The- clerk will read the
certificate o.*' election.
The legislative clerk read as follows:
Certificate of Election for Unexpired
Term
To the Pres»«nt of the Senate op the
United States :
This is to certify that on the 7th day of
November, 1972, Honorable Sam Nunn was
duly chosen by the qualified electors of the
State of Georgia a ^Senator for the unex-
pired term ending at noon on the 3rd day
of January, 1973, to fill the vacancy in the
representation from said State In the Sen-
ate of the United State* caused by the death
of Honorable Richard Brevard, Russell.
Witness: His Excellency our Governor, and
our Seal hereto affixed at the State Capitol
In Atlanta, Georgia, this 16th day of No-
vember, in the year of our Lord 1972.
Ben W. Poetson, Jr.,
Secretary of State.
Jimmy Cartes,
Governor.
The VICE PRESIDENT. The Chair
lays before the Senate the credentials of
33 Senators elected for 6-yep.r terms
beginning January 3, 1973. All certif-
icates, the Chair is advised, are in the
form suggested by the Senate, except the
ones from Delaware and Arkansas, which
used State forms but contained all the
requirements of the form suggested by
the Senate.
If there be no objection, the reading of
the 33 certificates will be waived and they
will be printed in full in the Record.
There being no objection, the reading
of the 33 certificates was waived and are
printed in the Record as follows:
State of South Dakota,
Executive Department.
To the President of the Senate of the
United States:
This Is to certify that on^the 7th day of
November, 1972, James Abourezk was duly
chosen by the qualified electors of the State
of South Dakota as Senator from said State
to represent South Dakota In the Senate of
the United States for a term of six years,
beginning on the third day of January, nine-
teen hundred and seventy-three.
Witness: His excellency our Governor
Richard F. Knelp, and our seal hereto affixed
at Pierre, the Capital, this 6th day of Decem-
ber, In the year of our Lord nineteen hundred
and seventy-two.
By the Governor:
Richard F. K.veip.
Governor.
Alma Larson,
Secretary of State.
To the President op the Senate of the
United States:
This Is to certify that on the 7th day of
November, 1972, Honorable Howard H Baker,
Jr., was duly chosen by the qualified electors
of the State of Tennessee a Senator from
said State to represent said State In the
Senate of the United States for the Term of
six years, beginning on the 3d day of Janu-
ary, 1973.
WUfcess His excellency our Governor Wln-
flelp^Dunn, and our seal hereto affixed at
N«hvllle this 4th day of December, in the
>-iar of our Lord 1972.
I WiNFIELD DtTNN,
Governor.
To the ^R-^SIDENT OF THE SENATE OF THE
UNirCD States: »
This Is to certify that on the 7th day of
November, 1972, Dewey P. Bartlett was duly
chosen by the qualified electors of the State
of Oklahoma a Senator from said State to
represent said State in the Senate of the
United States for the term of six years, be-
ginning on the 3rd day of January'. 1973.
Witness: His excellency our Governor
DavW Hall, and our seat hereto affixed at
Okjahoma City, Oklahoma this 21 day of
December, In the year of our Lord 1972.
By the Governor of the State of Oklahoma:
DwtD Hall
V
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To
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S'
n
CONGRESSIONAL RECORD — SENATE
Janiuiry 3, 1973
Jamoary 3, 1973
CONGRESSIONAL RECORD — SENATE
the President of thk Senate or thx
UNiTitn States:
It kaown. An election waa held In the
-^ of Delaware, on Tuesday, the 7th day
llovember, In the year of our Lord one
,„^^ nine hundred and seventj-two
being the Tuesday next after tbfc first
In said month. In pursuance of the
.._tlon of the United States and the
of tie JState of Delaware. In that be-
for the election of a Senator for the
of the- said State, In the Senate of the
Lifted States.
\ mereas, The official certificates or returns
1 he said election, held In the several coun-
of the' said State. In due manner mad-e
^ slgnedland executed, have been delivered
i ae according to the laws of the said State,
the Superior Court of the said counties;
having examined said returns, and enu-
,Ated and ascertained the number of votes
each and every candidate or person voted
fot such Senator, I have found Joeeph R.
to be the person highest In vote, and
^iOre duly elected Senator of and for the
State In the Senate of the United States
the Constitutional term to commence
noon oil the third day of January In the
of our' Lord one thousand nine hundred
seventy-three.
RusselJ W. Peterson, Governor, do, there-
, according to the form of the Act of the
eral Assembly of the said State Eind of
Act of Congress of the United States, In
case made and provided, declare the said
jh R. Blden. Jr.. the person highest In
^ at the election aforesaid, and therefore
y and legallv elected Senator of and for
said StJate of Delaware In the Senate of
United States, for the Constitutional
to commence at noon on the third day
January In the year of our Lord one thou-
.,d nine hundred and seventy-three.
I Jlven under my hand and the Great Seal
the said State, In obedience to the said Act
the General Assembly and of the said Act
Congress, at Dover, the twenty-first day of
ember In the year of our Lord one thou-
. nine I hundred and seventy-two and In
year ot the Independence of the United
of America the one hundred and
seventh.
RtrssEix W. Petebson,
GorerTior.
Walteb H. Simpson,
Secretary of State.
The Commonwealth of Massachusetts.
TcT tfie President of the Senate of the
United States :
rhis Is to certify that on the seventh day
of November, nineteen hundred and seventy-
two, Edwfffd W. Brooke waa duly chosen by
th» qualified electors of the Commonwealth
of Massachusetts a Senator from Said Com-
m )nwealtii to represent said Commonwealth
In the Seaate of the United States for the
'e -m of si-: • e rs. beginning on the third day
of January, nineteen hundred and seventy-
tl ree.
Witness: His Excellency our Governor,
F] ancia W. Sarsent, and our seal hereto af-
fl; ed at ^ston, this sixth day of December,
Ir the yejar of our Lord nineteen hundred
aid sevei*.ty-two.
By the frovemor:
I Francis W. Sargent,
I Governor.
i
Stats of New Jersey.
Tt) the iS'RESIDENT OF THE SENATE OF THE
Unttsd States:
This is- to certify that on the 7th day of
Nlovembe^. 1972. Clifford P. Case, was duly
c losen by the Qualified electors of the State
o ' New Jersey a Senator from said State to
represent said State In the Senate of the
United States for the term of six years,
qeglnnlng on the 3rd day of January, 1973.
Witness: His Excellency our Acting GoV'
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emor Raymond H. Bateman, and our Seal
hereto affixed at Trenton, this 5th day of
December, In the year of our Lord 1972.
By the Acting Governor :
Raymond H. Bateman,
Acting Governor.
State of Iowa.
Executive Department.
To the Prestoent op the Senate of the
United States:
This Is to certify that on the 7th day of
November, 1972, Richard Clark was duly
chosen by the qualified electors of the State
of Iowa a Senator from said State to repre-
sent said State In the Senate of the United
States for the term of six years, beginning on
the 3rd day of January, 1973.
Dated at Des Moines, Iowa on the 27th
day of December 1972.
In testimony whereof, we have unto set
our hands and caused to be affixed the
Great Seal of the State of Iowa this 27th
day of December, A.D. 1972.
Robert D. Rat,
Governor.
State of Nebraska.
To the President of the Senate of the
United States:
This Is to certify that on the 7th day of
November, 1972, Carl T. Curtis was duly
chosen by the qualified electors of the State
of Nebraska a Senator from said State to
represent said State In the Senate of the
United States for the term of six years, be-
ginning on the 3rd day of January 1973.
Witness: His excellency our Governor J.
James Exon, and our seal hereto affixed at
Lincoln, Nebraska this twelfth day of Decem-
ber, m the year of our Lord, 1972.
J. J. Exon,
Governor,
St ites
1 lety-
State of New Mexico,
ExECtmvE Office,
Santa Fe, N. Mex.
To the President of the Senate of the
United States:
This Is to certify that on the seventh day
of November, 1972 Pete V. Domenlcl was
duly chosen by the qualified electors of the
State of New Mexlca a Senator from said
State to represent said State In the Senate
of the United States for the term of six
years, beginning on the third day of Janu-
ary, 1973.
Witness: his excellency our Governor,
Bruce King, and our seal hereto affixed at
Santa Pe, this fifteenth day of December, In
the year of our Lord 1972.
Bbuce Kino,
« Governor.
Mississippi ExECtrnvi Department,
Jackson.
To the President of the Senate of thk
United States:
This Is to certify that on the 7th day of
November, AX)., 1972, James O. Eastland was
duly chosen by the qualified electors of the
State of Mississippi a Senator from said State
to represent said State In the Senate of the
United States for the term of six years,
beginning on the 3rd day of January, 1973.
Witness: His excellency our Governor
William L. Waller, and our seal hereto affixed
at Jackson, Mississippi, this 7th day of
December, In the year of our Lord, 1972.
William L. Waller.
Governor.
By the Governor:
Heeer Ladnes,
I Secretary of State.
State of Michigan,
Executive Office.
To the President of the Senate of the
United States:
This Is to certify that on the 7th day of
Novembe-, 1972, Robert P. Griffin waa duly
chosen by the qualified electors of the State
of Michigan a Senator from said State to
represent said State in the Senate of the
United States for the term of six years, begin-
ning on the third day of January, 1973.
Witness: His excellency our Governor,
William G. MlUlken, and our seal hereto
affljced at Lansing this first day of December,
In the Year of Our Lord 1972.
William G. Milliken,
Governor.
By the Governor:
RICH.^RD H. ,
Secretary of State.
To the President of the Senate of the
United States:
This Is to certify that on the seventh day
of November, 1972, Clifford P. Hansen waa
duly chosen by the qualified electors of the
State of Wyoming a Senator from said
State to represent said State In the Senate
of the United States for the term of six
years, beginning on the third day of Jan-
uary, 1973.
Witness: His excellency our governor
Stanley K. Hathaway, and our seal hereto
affixed at Cheyenne, Wyoming this twelfth
day of December, in the year of our Lord
1972.
By the Governor :
Stanley K. Hathaway,
Governor.
State of Colorado,
Executive Chambers.
To the President of the Senate of the
United States:
This Is to certify that on the seventh day
of November, 1972, Floyd K. Haskell was duly
chosen by the qualified electors of the State
of Colorado a Senator from said State to
represent said State In the Senate of the
United States for the term of six years, begin-
ning on the third day of January, 1973.
Witness: His excellency our Governor,
John A. Love, and ovir seal hereto affixed at
Denver, Colorado, this twelfth day of Decem-
ber, In the year of our Lord 1972.
By the Governor:
John A. Love,
Governor.
Attest:
Btbok a. Anderson,
Secretary of State.
To the President of the Senate of the
United States:
This Is to certify that on the 7th day of
November, 1972, Mark O. Hatfield, was duly
chosen by the qualified electors of the State
of Oregon a Senator from said State to repre-
sent said State In the Senate of the United
States fo,.- the term^f six years, beginning on
the 3rd day of/lanuary, 1973.
Witness : His excellency our Governor, Tom
McCall, and our seal hereto affixed at Salem,
Oregon, this 8th day of December, In the year
of our Lord 1972.
By the Governor:
Tom McCall,
Governor.
State of Mains.
To the President of the Senate of the
United States:
This Is to certify that on the seventh day
of November, 1972, William D. Hathaway of
Auburn, Maine was duly chosen by the quali-
fied electors of the State of Maine a Senator
from said State to represent said State In the
Senate of the United States for the term of
six years, beginning on the 3d day of January,
1973.
Witness : His excellency our governor Ken-
neth M. CxirtlB, and our seal hereto affixed at
Atigusta, Maine this thirteenth day of De-
cember, In the year of our Lord, 1972.
By the Governor:
Kenneth M. Curtis,
Governor.
To the President of the Senate of
UNirxD States:
This is to certify that on tho 7th day of
November, 1972, Jesse Helms was duly choaen
by the qualified electors of the State of North
Carolina a Senator from said State to repre-
sent said State in the Senate of the United
States for the term of six years, beginning on
the 3rd day of January, 1973.
Witness: His excellency our governor
Robert W. Scott, and our seal hereto affixed
at Raleigh this 13th day of December, In the
year of our Lord 1972.
Robert W. Scott,
Governor.
To the President of the Senate of ^hx
United States:
This is to certify that on the 7th day of
November, 1972, Walter D. Huddleston, Ellza-
bethtown, Kentucky, was duly chosen by the
qualified electors of the State of Kentucky
a Senator from said State to represent said
State In the Senate of the United States for
the term of six years, beginning on the 3rd
day of January, 1973.
Witness: His Excellency our Governor
Wendell H. Ford, and our seal hereto affixed
at Frankfort, Kentucky, this 12th day of
December, In the year of our Lord 1972.
By the Governor :
Wendell H. Ford,
! Governor.
State op Louisiana,
Executive Department.
To the President of the Senate of the
United States:
This Is to certify that on the seventh day
of November, nineteen hundred and seventy-
two J. Bennett Johnston was duly chosen by
the qualified electors of the State of Louisi-
ana a Senator from said State to represent
said State In the Senate of the United States
for the term of six years, beginning on the
third day of January, nineteen hundred and
seventy-three.
Witness: His Excellency, our Governor
Edwin W. Edwards, and our seal hereto af-
fixed, at Baton Rouge, this 15th day of De-
cember, In the year of our Lord, nineteen
hundred and seventy-two.
By the Governor :
Edwin Edwards,
Governor.
State of Idaho,
Department of State.
To the President of the Senate of the
United States:
This is to certify that on the Seventh day
November, 1972, James A. McClure was duly
chosen by the qualified electors of the State
of Idaho to be a Senator from said State to
represent said State In the Senate of the
United States for the term of sij^ years, be-
ginning on the Third day of January, 1973.
Witness: His excellency our Governor,
Cecil D. Andrus, and our seal hereto affixed at *
Boise City, the Capitol of Idaho, thU
Eleventh day of December, in the year of our
Lord, 1972.
By the Governor:
Cecil D. Akdrits,
Governor.
State op Arkansas,
Executive Department.
To the Honorable President of the Senate,
Washington, D.C:
This Is to certify that In the General Elec-
tion on the 7th day of November, 1972: For
the United states Senate, Honorable John
L. McClellan was duly chosen by the quali-
fied electors of the State of Arkansas to
represent the State of Arkansas, the vote be-
ing: Honorable John L. McClellan 386,398;
Dr. Wayne Babbitt 248.238.
This official was elected for the term of
six years beginning January, 1973.
In witness whereof I have hereunto set my
hand and caused the Great Seal of the State
of Arkansas to be affixed this 5th day of De-
cember, 1972.
Dale Bumpers,
Governor.
The State of New Hampshire,
Executive Department.
To the President of the Senate of the
United States:
This Is to certify that on the seventh day
of November, nineteen hundred and seventy-
two Thomas J. Mclntyre was duly chosen by
the qualified electors of the State of New
Hampshire a Senator from Said State to
represent said State In the Senate of the
United States for the term of six years, be-
ginning on the third day of January, nine-
teen hundred and seventy-three.
Witness: His Excellency, our Governor
Walter Peterson, and our seal hereto affixed at
Concord this twenty-ninth day of November,
In the year of our Lord nineteen hundred
and seventy-two.
Bf the Governor, with advice of the
pouncll :
Walteb Peterson,
! GoveTTior.
The State of Montana.
To the President of the Senate of the
United States:
This Is to certify that on the seventh day
of November, nineteen hxindred seventy two,
Lee Metcalf was duly chosen by the qualified
electors of the State of Montana a Senator
from thU state to represent the State of Mon-
tana In the Senate of the United States for
the term of six years, beginning on the third
day of January, nineteen hundred seventy
three.
Witness: His excellency our Governor For-
rest H. Anderson and our seal hereto affixed
at Helena, this twenty ninth day of Novem-
ber in the year of our Lord nineteen hun-
dred seventy two.
Forrest H. Anderson,
Governor.
Frank Murray,
Secretary of State.
State of Minnesota.
To the President of the Senate of th»
United States:
This Is to certify that on the 7th day of
November, 1972, Walter F. Mondale was duly
chosen by the qualified electors of the State
of Minnesota a Senator from said State to
represent said State in the Senate of the
United States for the term of six years, be-
ginning on the 3rd day of January, 1973.
Witness : His excellency our governor Wen-
dell R. Anderson, and our seal hereto affixed
at St. Paul, Minnesota this 19th. day pf De-
cember, In the year of our Lord 1972.
By the Governor:
Wendell R. Anderson,
Governor.
Aslen Z. Erdahl,^
Secretary of State.
State of Georgia.
To the President of the Senate op thb
United States:
This is to certify that on the 7th day of
November, 1972, Honorable Sam Nunn was
duly chosen by the qualified electors of the
State of Georgia a Senator from said State
to represent said State In the Senate of the
United States for the term of six years, be-
ginning on the 3rd day of January, 1973.
Witness: His Excellency our bovemor,
Jimmy Carter, and our Seal hereto affixed at
the State Capitol In Atlanta, Georgia, this
16th day of November, In the year of our
Lord 1972.
By the Governor:
Jimmy Carter,
Governor.
Ben W. Fortson, Jr.,
Secretary of State. ~
State of Kansas.
To the President op Tip; Senate of the
United States:, '
This Is to certify that On the seventh day
of November, nineteen hundred seventy-tWo
James B. Pearson was dilly chosen by the
qualified electors of thei State of Kansas
a Senator from said State', to represent sold
State in the Senate of ttelUnlted States for
the term of six years, begliffiilng on the third
day of January, nineteen hundred seventy-
three. I
Witness: The Honoraole Robert B. Dock-
ing, our Governor, and cur seal hereto affixed
at Tokepa, this fifth cay t>f December, in
the year of our Lord nineteen hundred
seventy-two. \
By the Governor: \
Robert B. Docking,
\ Governor.
Elwill M. S^nahan,
Secretary of State.
State of Rhode Island
AND Providence Plantations,
Executive Ckambef.
To the President of the Senate of the
United States:
This iB to certify that on the 7th day of
November, 1972, Claiborne deB, Pell was duly
chosen by the qualified electoDS of the State
of Rhode Island a Senator fronli said State to
. represent said State in the $enate of the
United States for the term of six years, be-
ginning on the 3rd day of January, 1973.
Witness: His excellency our Governor
Prank Llcht, and our seal hefeto affixed at
Providence this 13th day of December, in the
year of oxir Lord 1972.
By the Governor:
Franh Licht,
j Govemoi.
State br Illinois.
To the President of the Senate of The
United States: ]
This Is to certify that on tli|e seventh <ay
of November, nineteen hundred seventy two,
Charles H. Percy was duly chosen by the
qualified electors of the State of Illinois, a
Senator from said State, to represent aald
State In the Senate of the United States for
the term of six years, beginning on the third
day of January, nineteen hundred seventy
three.
Witness: His Excellency our ^Goverhor
Richard B. Ogllvle, and our aeal hereto Af-
fixed at Springfield this thirtieth day of
November, In the year of our Lord ninet^n
hundred seventy two.
By the Governor :
RiCHABD B. OgILVIE,
, I Governo^.
^OHN W. Lewi^.
Secre^ccry of State..
State of West! Virginia.
Executivi Department.
To the President of the Senate of the
United States:
This is to certify tha^ on] the 7th day of
November, 1972, Jennings Randolph was dUly
chosen by the qualified electors of the St^te
of West Virginia a Senator fr<>m said State to
represent said State In the! Senate of the
United States for the term of six years, be-
ginning on the 3rd day of January, 1973.
Witness : His excellency ouj Governor Arch
A. Moore, Jr., and our seal hereto affixed at
Charleston, West Virginia, this 27th day of
December, in the year of oup Lord 1972.
By the Governor: i i
Abch a. MbORE, Jr., i
Governor.
Commonwealth of Virginia.
To the President of the Senate of the
United States:
This is to certify that on the seventh day
of November, 1973, William Lloyd Scott was
i^uly chosen by the qualified electors of the
Commonwealth of Virginia a Senator from
laid Stite to represent said State in the
lienate of the United States for} the term of
I IX years, beginning on the third day of
.anuaryi 1973. '
Witness. His excellency ou:r Governor, Lln-
I'ood Hoi ton. and oiir seal hereto affixed at
llchmond thla seventh day of December, In
he year .of our Lord 1972.
LiNWOOD HOLTON,
(1
this
CONGRESSIONAL RECORD — SENATE
January 3, 1973
By the Governor:
i
Governor.
State or Aijibama,
Montgomery, November 28, 1972.
To the (President op thj: Sknatk op the
UNr.-ED States: •
This Is to certify that on the 7th day of
fovembar. 1972, John Sparkman was duly
hosen by the qualified electors of the State
r Alabama as Senator from said State to
lepresent said State in the Senate of the
United States for the term of six years, be-
nnlng en the 3rd day of January 1973.
Witness: His Excellency our Governor,
eorge d. Wallace, and our Seal hereto affixed
lis 28th day of November. In the year of our
^ord 197fe.
George C. Wallace,
Governor. ■
Mabel G. Amos.
f Secretary of State.
State of Alaska.
To the President op the Senate op the
United States:
This to; certify that on the seventh day
cf Noveaaber, 1972. Ted Stevens was duly
r- hr sen by the qualified electors of the State
cf Alaska as a Senator from said State to
represent said State In the Senate of the
I nited States for the term of six vears, be-
£ inning, 0^ the 3d day of Januar,-, 1973.
Witness: His excellency our governor W11-'
1 .am A. Egan, and our seal hereto affixed at
Juneau this 13th day of November, In the
jpar of onr Lord 1972.
By the Governor :
William A. Egan,
Governor.
Attest :
H. A. Boucher,
Lieutenant Governor.
To the President op the Senate of the
UwriED States :
This Is to certify that on the seventh day
or November. 1972 Strom Thurmond was
d uly chosen by the qualified electors of the
£ tate of South Carolina a Senator from said
State to represent said State in the Senate
or the United States for the term of six
I'm' ^^^^'^'"S on the 3rd day of January,
Witness: His excellency our Governor John
C . West,, and our seal hereto affixed at Co-
1 imbia. South Carolina, this eighteenth day
cf December, in the year of our Lord 1972
By the Governor:
John C. West,
Governor.
O. Prank Thornton,
Secretary of State.
J . . ,^ State of Texas.
1 o the •President op the Senate op the
United States :
This 14 to certify that on the 7th day of
lovembiV. nineteen hundred seventy-two
. ohn G. Tower wa» duly chosen bv the quall-
t ed electors of tht State of Texas a Senator
1 -om said Stat*t;j the Senate of the United
V tates for the term of six years, beginning
c n the third da^of January, nineteen hun-
c^red seventy-three.
Witness : His excellency our Governor of
T exas. a»d oxir seal hereto affixed at Austin,
"exas. t»l3 the 24th day of November. In the
5 ear of our Lord nineteen hundred seventv-
t ivo. •^
r
Preston Smith,
Governor of Texas.
Bob Bullock,
Secretary of State.
ADMINISTRATION OF OATHS
The VICE PRESIDENT. If Senators to
be sworn will now present themselves at
the desk in groups of four as their names
are called, In alphabetical order, the
Chair will administer the oath of office.
The clerk will call the names.
The legislative clerk called the names
of Mr. Abourezk, Mr. Baker, Mr. Bart-
LETT, and Mr. Brooke.
These Senators, escorted by Mr. Mc-
GovERN, Mr. Brock, Mr. Bellmon, and
Mr. Kennedy, respectively, advanced to
the desk of the Vice President; the oath
prescribed by law was administered to
them by the Vice President; and they
severally subscribed to the oath in the
official oath book.
[Applause, Senators rising.]
The legislative clerk called the names
of Mr. Case, Mr. Clark, Mr. Curtis, and
Mr. DOMENICI.
These Senators, escorted by Mr. Wil-
liams, Mr. Hughes, Mr. Hruska, and lic-.
Montoya, respectively, advanced to the
desk of the Vice President ; the oath pre-
scribed by law was administered to them
by the Vice President; and they severally
subscribed to the oath in the official oath
book.
[Applause, Senators rising.]
The legislative clerk called the names
of Mr. Eastland, Mr. Griffin, Mr. Han-
sen, and Mr. Haskell.
These Senators, escorted by Mr. Ste/i-
nis, Mr. Hart, Mr. McGee, and Mr.
Dominick, respectively, advanced to the
desk of the Vice President; the oath pre-
scribed by law was administered to them
by the Vice President ; and they severally
subscribed to the oath in the official oath
book.
[Applause, Senators rising.]
The legislative clerk called the names
of Mr. Hatfield. Mr. Hathaway, Mr.
Helms, and Mr. Huddleston.
These Senators, escorted by Mr. Pack-
wood, Mr. Muskie, Mr. Ervin, and Mr.
Cook, respectively, advanced to the desk
of the Vice President; the oath prescribed
by law was administered to them by the
Vice President; and they severally sub-
scribed to the oath in the official oath
book.
[Applause, Senators rising.]
The legislative clerk called the names
of Mr. Johnston. Mr. McClure, Mr. Mc-
Clellan, and Mr. McIntyre.
These Senators, escorted by Mr. Long,
Mr. Church, Mr. Pulbright, and Mr.
Cotton, respectively, advanced to the
desk of the Vice President; the oath pre-
scribed by law was administered to them
by the Vice President; and they severally
subscribed to the oath in the official oath
book.
[Applause, Senators rising.]
The legislative clerk called the names of
Mr. Metcalf, Mr. Mondale, Mr. Nunn,
and Mr. Pell.
These Senators, escorted by Mr. Mans-
field, Mr. Humphrey, Mr. Talmadge, and
Mr. Pastoae. respectively, advanced to
the desk df the Vice President; the oath
prescribed by law was administered to
them by the Vice President; and they
severally subscribed to the oath in the
official oath book.
[Applause, Senators rising.]
The legislative clerk called the names
of Mr. Percy, Mr. Randolph, Mr. Scott
of Virginia, and Mr. Sparkman.
These Senators, escorted by Mr.
Stevenson, Mr. Robert C. Byrd, Mr.
Harry P. Byrd, Jr., and Mr. Allen, re-
spectively, advanced to the desk of the
Vice President; the oath prescribed by
law was administered to them by the Vice
President; and they severally subscribed
to the oath in the official oath book.
[Applause, Senators rising.]
The legislative clerk called the names
of Mr. Stevens, Mr. Thurmond, and Mr.
Tower.
These Senators, escorted by Mr.
Gravel, Mr. Hollings, and Mr. Bentsen,
respectively, advanced to the desk of the
Vice President; the oath prescribed by
law was administered to them by the Vice
President; and they severally subscribed
to the oath in the official oath book.
[Applause. Senators rising.]
Mr. MANSFIELD. Mr, President, I sug-
gest the absence of a quorum
The VICE PRESIDENT. The clerk will
call the roll.
The legislative clerk proceeded to call
the roll.
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The VICE PRESIDENT. Without ob-
jection, it is so ordered.
APPOINTMENT TO COMMISSION ON
THE ORGANIZATION OF THE GOV-
ERNMENT FOR THE CONDUCT OP
FOREIGN POLICY
The VICE PRESIDENT. The Chair,
pursuant to Public Law 92-352, appoints
the Senator from Montana (Mr. Mans-
field) as a member of the Commission
on the Organization of the Government
for the Conduct of Foreign Policy, in lieu
of the Senator from Virginia cMr.
SPONGK
APPOINTMENT TO BOARD OF RE-
€«;NTS of the SMITHSONIAN
INSTITUTION
The VICE PRESIDENT. The Chair,
pursuant to the provisions of title 20,
United States Code, section 42 and 43,
appoints the Senator from Washington
(Mr. Jackson) as a member of the Board
of Regents of the Smithsonian Institu-
tion, in lieu of the Senator from New
Mexico (Mr. ANDERSON) . J
APPOINTMENTS TO JOINT COMMIT-
TEE TO REVIEW OPERATION OP
BUDGET CEILING
The VICE PRESIDENT. The Chair,
pursuant to Public Law 92-599, appoints
the following Senators to the Joint Com-
mittee To Review Operation of Budget
Ceiling and To Recommend Procedures
for Improving Congressional Control
Over Budgetary Outlay and Receipt
January 3, 1973
CONGRESSIONAL RECORD — SENATE
Totals ; the Senator from Louisiana (Mr.
Long), the Senator from Arkansas (Mr.
FuLB right), the Senator from Georgia
(Mr. Talmadge), the Senator from In-
diana (Mr. Hartke), the Senator from
Utah (Mr. Bennett) , the Senator from
Nebraska (Mr. Curtis), the Senator
from Arizona (Mr. Fannin), the Senator
from Arkansas (Mr. McClellan), the
Senator from Mississippi (Mr. Stknnis) ,
the Senator from Rhode Island (Mr.
Pastorz) , the Senator from Nevada (Mr.
Bible), the Senator from North Dakota
(Mr. Young) , the Senator from Nebraska
(Mr. Hruska), the Senator from New
Hampshire (Mr. Cotton) , the Senator
from Wisconsin (Mr. Proxmire) , and the
Senator from Delaware (Mr. Roth) .
These appointments are made on be-
half of the President pro tempore.
APPOINTMENTS TO COMMISSION
ON REVISION OF THE FEDERAL
APPELLATE SYSTEM
The VICE PRESIDENT. Also on be-
half of the President pro tempore, the
Chair, pursuant to Public Law 92-489,
appoints the following Senators as mem-
bers of the Commission on Revision of
the Federal Court Appellate System : the
Senator from Arkansas (Mr. McClel-
lan), the Senator from North Dakota
(Mr. Burdick), the Senator from Ne-
braska (Mr. Hruska), and the Senator
from Florida (Mr. Gurney) .
APPOINTMENT TO TECHNOLOGY
ASSESSMENT BOARD
The VICE PRESIDENT. The Chair, on
behalf of the President pro tempore, pur-
suant to Public Law 92-484, appoints the
Senator from New Jersey (Mr. Case) as
a member the Technology Assessment
Board, in lieu of the Senator from
Colorado (Mr. Allott).
MEMORIAL SERVICE IN HONOR OF
THE LATE PRESIDENT HARRY S
TRUMAN
Mr. MANSFIELD. Mr. President, on
behalf of the distinguished Republican
leader and myself, I wish to make the fol-
lowing announcement:
The memorial service in honor of the
late President Harry S Truman will be
held Friday, January 5, 1973, at 11 a.m.
in the Washington National Cathedral.
Buses will depart, under escort, from
the Senate steps of the Capitol at 10:15
a.m. and return tp the Capitol im-
mediately after the services. Those us-
ing private transportation are advised
to enter the Cathedral grounds from
Woodley Road and proceed to the south
transept entrance.
Members and their wives are invited.
Contact the Office of the Sergeant at
Arms for tickets and transportation
arrangements.
Members of the Senate delegation are
scheduled to be seated in the Cathedral
a,t 10:45 a.m.
ORDER FOR ADJOURNMENT
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that when the Sen-
ate completes its business today, it stand
in adjournment until the hour of 12
o'clock noon tomorrow.
The VICE PRESIDENT. Without ob-
jection, it is so ordered.
ORDER OP BUSINESS THIS WEEK
Mr. MANSFIELD. Mr. President, for
the further information of the Senate,
there will be no meeting on Friday, but
on Saturday there will be. It Is a man-
datory meeting, because the two Houses
will meet for the purpose of counting
the electoral votes.
Mr. SCOTT of Pennsylvania. Mr.
President, will the distingiiished major-
ity leader yield?
Mr. MANSFIELD. I am delighted to
yield.
Mr. SCOTT of Pennsylvania. I take it
that no bills may be introduced today,
but I would assume that tomorrow bills
may be introduced and resolutions sub-
mitted, and that speeches will be made
tomorrow for Senators to enjoy, but
none today. Is that correet?
Mr. MANSFIELD. That is correct.
The regular workaday day will begin to-
morrow. Today is a day of swearing in
and the usual resolutions ^which will be
presented shortly; but beginning tomor-
row, what the distinguished Republi-
can leader has said is correct.
Mr. SCOTT of Pennsylvania. In other
words, swearing in today: swearing at
later.
CALL OF THE ROLL
Mr. MANSFIELD. Mr. President. I
suggest the absence of a quorum for the
purpose of having the roll called and
validating the election of the new Sena-
tors and the retention of the old ones.
The VICE PRESIDENT. The clerk will
call the roll.
The legislative clerk called the roll, and
the following Senators answered to their
names:
(No. 1 Leg.)
Abourezk
Fannin
Montoya
Aiken
Fulbrlght
Moss
Allen
Goldwater Nfuskle
Baker
Gravel
Nelson
Bartlett
Griffin
Nunn
Bayh
Gurney
Packwood
Beall
Hansen
Pas tore
Bellmon
Hart
PeU
Bennett
Hartke
Percy
Bentsen
Haskell
Proxmire
Bible
Hatfield
Randolph
Brock
Hathawa>
Rlbicoff
Brooke
Helms
Roth
Bucklev
Hollings
Saxbe
Burdick
Hruska
Schweiker
Byrd,
Huddleston Scott, Pa.
Harry P., Jr.
Hughee
Scott. Va.
Byrd, Roberto
Humphrey Sparkman
Cannon
Inouye
Stafford
Case
Jackson
Stennls
Chiles
Javlts
Stevens
Church
Johnston
Stevenson
Clark
Kennedy
Ss'mington
Taft
Cook
Long
Cotton
Mansfield
Talmadpe
Cranston
Mathlas
Thurmond
Curtis
McClellan
Tower
Dole
McClure
Tunney
Domenlcl
McGee
Weicker
Dominick
McGovem Williams
Eagleton
McIntyre
Youni;
Eastland
Metcalf
/^
Ervin
Mondale
Mr. ROBERT C. BYRD. I announce
that the Senator from Washington (Mr.
Macnuson) is necessarily absent.
Mr. GRIFFIN. I announce that the
i
Senator from Hawaii (Mr. Fong) and the
Senator from Kansas (Mr. Pkarson) are
necessarily absent.
The VICE PRESIDENT. A quorum is
present. l ,
LIST OF SENATORS BY STATES
Alabama. — John Sparkman and James
B. Allen.
Alaska. — Ted Stevens and Mike Gravel.
Arizona. — Paul J. Fannin and Barry
Goldwater.
Arkansas. — John L. McOlellan ai;d
J. W. Pulbright. -I
California. — Alan Cranston and John
V. Tunney.
Colorado. — Peter H. Doqilnick and
Floyd K. HaskeU.
Connecticut. — Abraham Ribicoff and
Lowell P. Weicker. Jr.
Delaware. — William V. Rdth, Jr., and
Joseph R. Biden. Jr.
Florida — Edward J. Gurney and Law-
ton Chiles.
Georgia. — Herman E. Talmadge and
Sam Nunn.
Hawaii. — Hiram L. Fong ai^d Daniel K.
Inouye.
Idaho. — Frank Church anjl James
McClure.
Illinois. — Charles H. Percjf and Adlii
E. Stevenson m.
Indiana. — Vance Hartke and Blrdh
Bayh.
Iowa. — Harold E. Hughes and Dldk
Clark. ' '
Kansas. — James B. Pearson and Rob-
ert Dole.
Kentucky. — Marlow W. Cook and Wal-
ter t). Huddleston.
Louisiana. — Russell B. Long and j.
Bennett Johnston.
Maine. — Edmund S. Muskie and Wil-
liam D. Hathaway. \
Maryland. — Charles McC. Mathias. Jt..
and J. Glerln Beall, Jr.
Massachusetts. — Edward M. Kennet^y
and Edward W. Brooke. ,
Michigan. — Philip A. Hart and Robert
P. Griffin.
Minnesota. — Walter F. Mbndale and
Hubert H. Humphrey.
Mississippi. — James O. Eastland and
John C. Stennis.
Missouri-Stuart Symington and
Thomas F. Eagleton.
Montana. — Mike MansfleW and Lee
Metcalf.
Nebraska. — Roman L. Hruska and Carl
T. Curtis.
Nevada. — Alan Bible and Howard W.
Cannon. '
New Hampshire. — Norris iCotton and
Thomas J. McIntyre.
New Jersey. — Clifford P. Case and
Harrison A. Williams, Jr.
New Mexico. — Joseph M. Montoya and
Pete V. Domenici. I
New York. — Jacob K. Javltk and James
L. Buckley.
North Carolina. — Sam J. Ervin, Jr.,
and Jesse Helms.
North Dakota. — Milton R.; Yoimg and
Quentin N. Burdick.
Ohio. — William B. Saxbe and Robert
Taft. Jr.
Oklahoma. — Henry Bellmon and
Dewey F. Bartlett.
Oregon. — Mark Q. Hatfield and Robert
W. Packwood.
8
arc
an 1
BlI
I'ennsylvania. — Hugh Scott and^Rich-
rc S. Schweiker.
llhode Island. — John O. Pastore and
Cliibome Pell.
iouth Carolina. — Strom Thurmond
_ Ernest F. HoUings.
I outh Dakota. — George McGovem and
Ja nes Abourezk.
^enn^see. — Howard H. Baker, Jr., and
. Brock.
"exas. — John G. Tower and Lloyd
Be itseni
Jtah. — Wallace F. Bennett and Frank
Moss.
Vermont. — George D. Aiken and
t. Stafford.
nrginia. — Harry F. Byrd, Jr., and
W lliam Lloyd Scott.
VasWngfon.— Warren G. Magnuson
He£iry M. Jackson.
Vest- Virginia. — Jennings Randolph
Roliert C. Byrd.
Wisconsin. — William Proxmire and
yloro Nelson.
Wyoming. — Gale W. McGee and Clif-
•d P. Hansen.
anl
anl
Gi.y
fo-(
Is
CONGRESSIONAL RECORD — SENATE
January 3, 1973
NOTIFICATION TO THE PRESIDENT
VIr. MANSFIELD submitted the fol-
io'iring resolution (S. Res. 1). which was
re id, considered by unanimous consent,
ai^d agreed to, sls follows:
S. Res. 1
lesolved. That a committee consisting of
tw 0 Senators be appointed by the Vice Pres-
ide !nt to Join such committee as may be ap-
pcLnted by the House of Representatives to
wi It upon the President of the United States
at d Inform him that a quorum of each House
la assembled apd that the Congress is ready
to receive any communication he may be
pi ^ased to make.
THE VICE PRESIDENT. The Chair
ai points the Senator from Montana (Mr.
M \NSFiELD) and the Senator from Penn-
sylvania (Mr. Scott) as members of ihe
cc mmittee on the part of the Senate to
join the members of the committee on
tl: e part of the House to consult with the
P esident and notify him that a quorum
ol each House is present.
which was read, considered by unanimous
consent, and agreed to, as follows:
S. Con. Res. 1
Resolved by the Senate (the House of Rep-
resentatives concurring). That the two
Houses of Congress shall meet Ir the Hall of
the House of Representatives on Saturday,
the 6th day of January 1973, at 1 o'clock post
merldan, pursuant to the requirements of
the Constitution and laws relating to the
election of President and Vice President of
the tJnlted States, and the President of the
Senate shall be their Presiding Officer; that
two tellers shall be previously appointed by
the President of the Senate on the part of the
Senate and two by the Speaker on the part
of the House of Representatives, to whom
shall be fianded, as they are opened by the
President of the Senate, all the certificates
and papers purporting to be certificates of
the electoral votes, which certificates and pa-
pers shall be opened, presented, and acted
upon In the-^phabetlcal order of the States,
beginning wllh the letter "A"; and said tell-
ers, having then read the same In the pres-
ence and hearing of the two Houses, shall
make a list of the votes as they shall ap-
pear from the said certificates; and the votes
having been ascertained and counted in the
manner and according to the rules by law
provided, the result of the same shall be de-
livered to the President of the Senate, who
shall thereupon announce the state of the
vote, which announcement shall be deemed
""a sufficient declaralton of the persons, if any,
•elected President and Vice President of the
United States, and, together with a list of
J votes, be entered on the Journals of the two
Houses.
The VICE PRESIDENT. In accordance
with the provisions of Senate Concurrent
Resolution No. 1, the Chair appoints the
Senator from Kentucky (Mr. Cook) and
the Senator from Nevada (Mr. Cannon)
as the tellers on the part of the Senate
to coimt the electoral votes for President
and Vice President of the United States
on January 6, 1973. .
Mr. SCOTT of Pennsylvania. Mr. Pres-
ident, in a spirit of imwarranted opti-
mism and conscious euphoria, I submit
an amendment and ask for its immediate
consideration.
The VICE PRESIDENT. The amend-
ment will be stated.
The legislative clerk read as follows:
In the resolution strike the name of Hon-
orable James O. Eastlakd, a Senator for the
State of Mississippi and Insert In lieu there-
of the name of Honorable George D. Aiken,
a Senator from the State of Vermont.
The VICE PRESIDENT. The question
is on agreeing to the amendment offered
by the Senator from Pennsylvania (put-
ting the question) .
The amendment was rejected.
The VICE PRESIDENT. The question
Is on agreeing to the resolution.
The resolution (S. Res. 4) was agreed
to.
NOTIFICATION TO THE HOUSE
Mr. SCOTT of Permsylvania submitted
trie following resolution (S. Res. 2),
wiich was read, considered by unani-
nfpns consent, and agreed to, as follows:
S. Res. 2
Resolved, That the Secretary Inform the
Hbuse of Representatives that a quorum of
t^e Senate Is assembled and that the Senate
ready to proceed to business.
CERTIFICATION OF ELECTORS FOR
PRESIDENT AND VICE PRESIDENT
The VICE PRESIDENT. The Chair
lays before the Senate a number of com-
munications from the Administrator of
General Services Administration, trans-
mitting, pursuant to law, certified copies
of the final ascertainment of the electors
for President and Vice President from
the several States and the District of
Columbia, which, with the accompanying
papers, are ordered to lie on the table.
HOUR OF DAILY MEETING
Mr. ROBERT C. BYRD submitted the
following resolution (S. Res. 3), which
\^ as read, considered by unanimous con-
sent, and agreed to, as follows:
S. Res. 3
Resolved. That the hour of dally meeting
' the Senate be 12 o'clock meridian unless
o iherwlse ordered. ,
COUNT OF ELECTORAL VOTES
Mr. CANNON submitted the following
(t)ncurrent resolution (S. Con. Res. 1),
Without objection, the Senate
ceeded to consider the resolution.
pro-
ADMINISTRATION OF OATH TO
PRESIDENT PRO TEMPORE
The VICE PRESIDENT. Pursuant to
the provisions of Senate Resolution 4,
which has just been agreed to, the Chair
appoints Mr. Aiken as a committee of
one to escort the President pro tempore
to the rostrum for the purpose of taking
the oath of ofiBce.
Mr. Eastland, escorted by Mr. Aiken,
advanced to the desk of the Vice Presi-
dent; the oath prescribed by law was
administered to him by the Vice Presi-
dent; and he subscribed to the oath in
the OfQcial Oath Book.
ELECTTION OF PRESIDENT PRO
TEMPORE
Mr. MANSFIELD. Mr. President, I
send to the desk a resolution and ask
unanimous consent for its immediate
consideration.
The VICE PRESIDENT. The clerk will
state the resolution.
The legislative clerk read the resolu-
tion as follows:
S. Res. 4
Resolved, That Honorable James O. East-
land, a Senator from the State of Mississippi,
be, and he Is hereby, elected President of the
Senate pro tempore, to hold office during the
pleasure of the Senate. In accordance with
the resolution of the Senate adopted on the
12th day of March 1890 on the subject.
CONSIDERATION OF RESOLUTIONS
Mr. MANSFIELD. Mr. President, I
send to the desk four resolutions and
ask unanimous consent that they be con-
sidered in sequence immediately.
The VICE PRESIDENT. Without ob-
jection, it is so ordered.
NOTIFICATION TO THE PRESIDENT
OF THE ELECTION OF A PRESI-
DENT PRO TEMPORE
The VICE PRESIDENT. The first res-
olution will be stated.
The legislative clerk read as follows:
S. Res. 5
Resolved, That the President of the United
States be notified of the election of Honor-
able James O. Eastland, a Senator from the
State of Mississippi, as President of the Sen-
ate pro tempore.
The Senate proceeded to consider the
resolution.
The VICE PRESIDENT. The question
is on agreeing to the resolution.
The resolution (S. Res. 5) was agreed
to.
NOTIFICATION TO THE HOUSE OF
REPRESENTATIVES OF THE ELEC-
TION OF A PRESIDENT PRO TEM-
PORE
The VICE PRESIDENT. The next res-
olution will be stated.
The legislative clerk read as follows:
s. Res. 6
Resolved, That the House of Representa-
tives be notified of the election of Honorable
January 3, 1973
CONGRESSIONAL RECORD — SENATE
James O. Eastland, a Senator from the State
of Mississippi, as President of the Senate pro
tempore.
The Senate proceeded to consider the
resolution.
The VICE PRESIDENT. The question
is on agreeing to the resolution.
The resolution (S. Res. 6) was agreed
to.
AUTHORIZATION FOR SENATOR
METCALF TO SERVE AS ACTING
PRESIDENT PRO TEMPORE
The VICE PRESIDENT. The third
resolution will be stated.
The legislative clerk read as follows:
S. Res. 7
Resolved, That, notwithstanding the pro-
visions of paragraph 3 of rule I of the Stand-
ing Rules of the Senate, the Senator from
Montana (Mr. Metcalf) be, and Is hereby,
authorized to perform the duties of the
Chair as Acting President pro tempore until
otherwise ordered by the Senate.
The Senate proceeded to consider the
resolution.
The VICE PRESIDENT. The question
is on agreeing to the resolution.
The resolution <S. Res. 7) was agreed
to.
AUTHORIZATION FOR ADMINISTRA-
TION OF OATH OF OFFICE TO
SENATOR-ELECT BIDEN, JR., OF
DELAWARE
The VICE PRESIDENT. The next res-
olution will be stated. -
The legislative clerk read the resolu-
tion, which the Senate proceeded to con-
sider.
The preamble was agreed to.
The resolution was agreed to.
The resolution (S. Res. 8) with its
preamble, reads as follows :
S. Res. 8
Whereas Joseph R. Blden, Jr., a Senator
elect from the State of Delaware, Is tem-
porarily unable, by reason of tragedy In his
family, to appear In person to take the oath
required by law as a Member of the Senate;
and
Whereas there Is no contest or question as
to his election: Now therefore be it
Resolved, That the Secretary of the Senate
be, and he Is hereby, authorized to adminis-
ter the oath of office to the said Joseph R.
Blden Jr., and that the said oath, when ad-
ministered as herein authorized, shall be ac-
cepted and received by the Senate as the oath
of office of the said Joseph R. Blden Jr.
ORDER OP BUSINESS
Mr. MANSFIELD. Mr. President, to re-
peat once again, in accordance with the
usual practice, the Senate concurring, no
morning business will be transacted to-
day. At the next meeting of the Senate,
which will be tomorrow, the Senate will
proceed to transact its business as usual,
since the President will not be sending
his state of the Union message to Con-
gress until after the inauguration.
Mr. HART. Mr. President, will the
Senator yield?
Mr. MANSFIELD. Mr. President, I
yield.
Mr. HART. Mr. President, it has been
at this point, in, I believe the last eight
Congresses, that reservations have been
CXIX i2— Part 1
voiced of an effort to be made to reserve
the right to modify rule XXII.
For the benefit of the Senate leader-j^
ship and my colleagues' information, p
rise to announce a renewed effort to
achieve reform of rule XXn. Once again,
I am proud to join the senior Senator
from New York (Mr. Javits), who has
tilled this field with patient persistence
for many years.
We both remain convinced that a pro-
cedure permitting a majority of Sena-
tors to act on a measure after reasonable
debate would well serve this body, and
the American people. We remain com-
mitted to reform of rule XXII.
Nonetheless, we realize that several
Senators who had supported changing
rule XXn have now expressed second
thoughts about the wisdom of that effort.
Some Members have pointed out that
the classic filibusters often exhausted
months of the Senate calendar with ex-
tensive repetition and resort to wholly
extraneous matters. They ask whether
recent events suggest a greater threat
from the other end of the legislative
spectrum: the danger of momentous
legislation being rammed through the
Senate without barely adequate debate —
in some cases even though there has
been scant if any committee review for
the benefit of the full Senate.
Others with new reservations about
easing the cloture test may feel that its
reform is still a desirable goal at some
point, but that the accelerating imbal-
ance of powers between the executive
and legislative branches of the past dec-
ade makes it imwise to change rule Xxn
until that imbalance is corrected.
We are aware of these concerns and
their genesis. We feel it may prove use-
ful to give them a thorough airing in the
Committee on Rules and Administration,
which at this time will be considering
other Senate reforms, before we seek to
effect reform in this Congress. This year,
the Senator from New York and I will
offer a proposal designed to meet these
concerns, consistent with the ultimate
principle of Senate action by majority
rule. Briefly, it would provide a substan-
tial period of debate before cloture could
be invoked by less than the presently re-
quested two-thirds margin. At that
point, the requirement would be eased
to a three-fifths requirement, and after
an additional period of debate, cloture
could be obtained by majority vote. As
my colleagues know this is not a brand-
new concept. Similar proposals for a
phased reduction in the cloture test have
been made in the past by some of this
body's most thoughtful Members. We
feel the merits of such an approach are
particularly apt now in light of the Con-
gress I have mentioned.
We shall introduce our proposal next
week, at which time we shall urge the
continued desirability of changing rule
XXII. But while some previous support-
ers of this reform wish to review the
bidding, so to speak, we are prepared to
ask for its orderly referral to the Rules
Committee for hearings and a report,
rather than presenting it for direct floor
action as part of the organizational busi-
ness for this new session.
In addition, it is our hope that the
9'
committee can hold hearings on rule
XXII in the context of %ther propjeed
Senate reforms, so that all of us will have
a clearer Idea of their interrelation.
For the present, then, I wish to inform
our colleagues of our intentions to offer
this proposal, of our decision not to raise
it for consideration at this time, and of
our continued conviction apd determina-
tion to attempt reform of rule XXII.
The Senator from 'New York and I
continue to believe that n^odification of
that rule is in the best Interests of the
Senate and the country. 1 I
Mr. JAVITS. Mr. President, I thank
my colleague, and pay tribute to his awn
perseverance in this very critical matter,
which substitutes for the Constitution
a requirement that two-thirds of the
Senate constitutes a niajortty before leg-
islation can be passed.
Mr. President, I think We owe an ex-
planation to the Senate and the coun-
try as to why we take this action. On two
separate occasions, this issue has been
raised in a very impor^^t way, and has
had extended debate, including debate
before the Vice President Oow presiding
over the Senate. We have maintained the
constitutional point that as of right, un-
der the Constitution, we hjave the right
to seek an amendment to tHe rules at the
beginning of the session by a simple ma-
jority of the Senate. The Senate has not
sustained that view. Indeed, on two oc-
casions the Senate has ac^ed the other
way. j
Now, succeeding generations to ours
have an absolute right to I persevere in
that constitutional propositilon, and they
may have a Senate whicl^ will sustain
them. The Senator from Michigan (Mr.
Hart) and I feel that thajt Is a barren
field right now. Therefore, we are seek-
ing to go the legislative route for the pur-
pose of changing rule XXtl within the
lilies of the Senate by contending for
the issue on the basis of its jnerits, recog-
nizing that we face a realityl not a theory,
and that we have a better ohance pursu-
ing it in a statutory way.
Mr. President, we believe that we
would be helping by thorough and early
hearings. It is my understanding that
the other Members may feel that the
matter should go to the calendar right
away. The opportunity will,^ of course, be
afforded for that procedure^ and Senator
Hart and I certainly woulq not do any-
thing to stop it, even if we tould. But we
had thought, in our original idea, and
we still have that idea, that reference to
a committee which could give thorough
consideration to the rule in the light of
the history and what we face today
would be the most conducive to a con-
structive change, considering the reali-
ties which I have described. •]
So, Mr. President, I shall join with the
distinguished Senator from Michigan In
submitting such a resolution at the earli-
est possible time. I might say to the Sen-
ate that we are thinking io terms of a
three-fifths cloture after 2 weeks of
debate and a constitutional majority at
any time after 1 month of debate. This is
subject to change, but it is iome indica-
tion to the Senate of our thinking.
Mr. GRIFFIN. Mr. President, with def-
erence to my colleague, I Want to indi-
cate that I have been among those who
1)
h ive consistently voted for reform of rule
2 XII to allow debate to be brought to
an end with a three-fifths vote instead of
two-thirds vote. I believe the Senate
a
a
CONGRESSIONAL RECORD — SENATE
Janwanj 3, 1973
s|iould consider this question at the out-
t of the session. Without regard to the
constitutional issue. I think the rules of
tl \e Senate ought to be changed, and be-
c: luse I believe that, I wonder if my
sinior colleague from Michigan can in-
d cate. when does he expect the Senator
f: om New York to introduce such a
rfsolution? •.
I shall be inclined to have that go to
tie calendar rather than the commit-
t e, because I think that the merits and
arguments on this subject are well
k. lown. It would seem to me that it should
g) to the calendar or be brought be-
f ire the Senate as rapidly as possible
t: ds session. Perhaps the Senator from
R ;^chigan can give me some indication.
Mr. HART. Mr. President, as the Sen-
or from New York indicated jee antic-
ipate producing a resolution within a
natter of a very fcA' days. but. having
b ;en advised by the Senator from Mich-
igan of his own tentative feelings at least,
am sure the Senator from New York
a^d I will make certain prior to the day
production to advise the Senator of
obr intention, in order to permit him, if
h= should feel then as he does now, to
d rect the resolution accordingly.
Mr. GRIFFIN. I appreciate the state-
n ent of the Senator. Of course, no other
Esnator is precluded from submitting a
r [Solution and asking for its immediate
c )nsideration, in which event It could be
put on the calendar.
Mr. JAVITS. Nor. if the Senator will
V eld, is the Senator prohibited or barred
f om doing the same with our resolution.
As a matter of fact.'lXhope we can
oberate with one resolution. If the Sen-
a;or wishes to refer it to the calendar,
h e certainly can effectuate that.
gENATE RESOLUTION 9 — SUBMIS-
SION OP A RESOLUTION TO
ESTABLISH A SPECIAL COMMIT-
TEE ON THE TERMINATION OF
THE NATIONAL EMERGENCY
'Referred to the Committee on For-
eign Relations.)
Mr. CHURCH 'for himself and Mr.
IIathias> submitted the following reso-
lution :
S. Res. 9
Whereas the existence of the state of na-
tional emergency proclaimed by the Presi-
dent on December 16, i950. Is directly re-
1 ited to the conduct of United States foreign
p oUcy and bur national security: Now, there-
Ipre. be It
Resolved. That (a) there Is established a
sbecial committee of the Senate to be known
a 3 the Special Committee on the Termination
cf the National Emergency (hereinafter re-
ferred to as the "special committee") .
(b) The special committee shall be com-
dosed of eight Members of the Senate equally
ivlded between the majority and minority
dartles to be appointed by the President of
t tie Senate, rfo\ir of whom shall be members
qf the Committee on Foreign Relations.
(c) The special committee shall select two
±)-chalrmen from among Its members, one
Irom the majority party and one from the
iilnorlty party. A majority of the members
c f the special committee shaU constitute a
c uorum thereof for the transaction of busl-
I ess. except that the special committee may
fix a lesser number as a quorum for the pur-
pose of taking testimony. Vacancies In the
membership of the special committee shall
not affect the authority of the remaining
members to execute the functions of the spe-
cial committee.
Sec. 2. It shall be the function of the spe-
cial committee to conduct a study and in-
vestigation with respect to the matter of
terminating the national emergency pro-
claimed by the President of the XJnlted States
on December 16, 1950, and, announced in
Presidential Proclamation Numbered 2914,
dated the same date. In carrying out such
study, and Investigation the special commit-
tee shall :
(1) consult and confer with the President
and his advisers;
(2) consider the problems which may arise
as the result of terminating such national
emergency; and
(3) consider what administrative or legis-
lative actions might be necessary or desirable
as the result of terminating such national
emergency, Including consideration of the de-
sirability and consequences of terminating
special legislative powers that were conferred
on the President and other oflBcers, boards,
and commissions as the result of the Presi-
dent proclaiming a national emergency.
Sec. 3. (a) For the purposes of this reso-
lution, the special committee Is authorized
In its discretion (1) to make expenditures
from the contingent fund of the Senate, (2)
to employ personnel, (3) to hold hearings,
(4) to sit and act at any time or place during
the sessions, recesses, and adjourned periods
of the Senate, (5) to require, by subpena or
otherwise the attendance of Witnesses and
the production of correspondeiice, books, pa-
pers, and documents, (6) to take depositions
and other testimony, (7) to procure the
service of Individual consultants or orga-
nizations thereof, In accordEince with the pro-
visions of section 202(1) of the Legislative
Reorganization Act of 1946, as amended, and
(8) with the prior consent of the Govern-
ment department or agency concerned and
the Committee on Rules and Administra-
tion, to use on a reimbursable basis the serv-
ices of personnel of any such department or
agency.
(b) The co-chairmen of the special com-
mittee shall preside over meetings of the
special committee, except that (1) In the
absence of one of the co-chairmen, the oth-
er co-chairman may preside, and (2) In the
absence of both co-chairmen, any other
member of the special committee designated
by both co-chairmen may preside.
(c) Either co-chairman of the special com-
mittee or any member thereof may admin-
ister oaths to witnesses.
(d) Subpenas authorized by the special
committee may be Issued over the, signature
of either co-chairman, or any other member
designated by the co-chairman, and may be
served by any person designated by the co-
chairman or member signing the subpena.
Sec. 4. For the period from January 3,
1973. through February 28, 1974, the expenses
of the special committee under this resolu-
tion shall 'not exceed $175,000, of which
amount not to exceed $25,000 shall be avaU-
able for the procurement of the services of
Individual consultants, or organizations
thereof, as authorized by section 202(1) of
the Legislative Reorganization Act of 1946,
as amended. '
Sec. 5. The special committee shall make
a final report of Its findings, with respect
to such period together with such recom-
mendations for legislation as it deems ad-
visable, to the Senate at the earliest prac-
ticable date, but not later than F^buary 28,
1974. The special committee may also submit
to the Senate such Interim reports as It con-
siders appropriate. Upon submission of Its
flxial report, the special committee shall cease
to exist.
Sec. 6. Expenses of the special committee
under this resolution shall be paid from the
contingent fund of the Senate upon vouch-
ers approved by the two co-chairmen of the
special committee.
MESSAGE FROM THE HOUSE OF
REPRESENTATIVES RECEIVED"
DURING ADJOURNMENT
Under authority of the order of the
Senate of October 18, 1972, the. Secre-
tary of the Senate, on October 18, 1972,
received the following message from the
House of Representatives:
That, pursuant to the provisions of sec-
tion 1 of Public Law 84=-689, the Speaker
had appointed Mr. Findley as a member of
the U.S. group of the North Atlantic As-
sembly, vice Mr. Arends, excused.
That the House had passed, without
amendment, the bill (S. 3822) authorizing
the city of Cllnton'~^rldge Commission to
convey its bridge structures and other as-
sets to the State of Iowa and to provide for
the completion of a partially constructed
bridge across the Mississippi River at or near
Clinton, Iowa, by the State Highway Com-
mission of the State of Iowa.
That the House had receded from Its dis-
agreement to the amendment of the Senate
numbered 1 to the amendment of the House
to the bill (S. 2280) to amend sections 101
and 902 of the Federal Aviation Act of 1958,
as amended to Implement the Convention
for the Suppression of Unlawful Seizure of
Aircraft and to amend title XI of such act
to authorize the President to suspend air
service to any foreign nation which he de-
termines Is encouraging aircraft hijacking by
acting In a manner Inconsistent with the
Convention for the Suppression of Unlaw-
ful Seizure of Aircraft and to authorize the
Secretary of Transportation to revoke the
operating authority of foreign air carriers
under certain circumstances, and concurred
therein: and that the House disagreed to the
amendment to the Senate numbered 2 to
the amendment of the House to the bill.
STANDING ORDER FOR RECOGNI-
TION OF THE MAJORITY AND
MINORITY LEADERS EACH DAY
Mr. ROBERT C, BYRD. Mr. President,
I ask unanimous consent that, during the
remainder of this session, in accordance
with the procedures followed in the 92d
Congress, on each day, immediately fol-
lowing the prayer, the majority and
minority leaders be recognized for not to
exceed 3 minutes.
The PRESIDENT pro tempore. With-
out objection, it is so ordered.
TRANSACTION OF ROUTINE MORN-
ING BUSINESS TOMORROW
Mr. ROBERT C. BYRD. I ask unani-
mous consent that tomorrow, follQwing
the recognition of the two leaders under
the standing order, there be a period for
the transaction of routine morning
business for not to exceed 2 hours, with
statements therein limited to 15 min-
utes.
The PRESIDENT pro tempore. With-
out objection, it Is so ordered.
ORDER FOR ADJOURNMENT FROM
TOMORROW UNTIL SATURDAY.
JANUARY 6, 1973
Mr. ROBERT C. BYRD. I ask unani-
mous consent that when the Senate com-
pletes its business tomorrow, it stand in
adjournment until 12 o'clock meridian on
Saturday next.
January 3, 1973
K
CONGRESSIONAL RECORD — HOUSE
The PRESIDENT pro tempore. With-
out objection, it is so ordered.
QUORUM CALL
Mr. ROBERT C. BYRD. Mr. President,
I suggest the absence of a quorum.
The PRESIDENT pro tempore. The
clerk will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that the order for the
quorum call be rescinded.
The PRESIDENT pro tempore. With-
out objection, it is so ordered.
REPORT OF JOINT COMMITTEE ON
NOTIFICATION TO THE PRESI-
DENT
Mr. MANSFIELD. Mr. President, the
distinguished Republican leader, the
Senator from Pennsylvania (Mr. Scott),
and I report, from the committee ap- '
pointed to join a similar committee from
the House of Representatives to wait
upon the President of the United States
and inform him that a quorum of each
House is assembled and is ready to pro-
ceed to busiriess, that the President has
notified us that he proposes to report to
the Congress on the state of the Union
at an appropriate time.
Mr. SCOTT of Pennsylvania. Mr.
President, if the distinguished majority
leader will yield, I merely join in the re-
port and express the hope that the Pres-
ident's nominations to which rgference
was made in the telephone conversation
can be acted upon as soon as we have a
committee structure and, hopefully, be-
fore Inauguration Day, in order that
these appointees may be prepared and
enabled to serve.
11
ro^', immediately following the recogni-
tion of the two leaders under the stand-
ing order, the distinguiBhed Senator
from New York (Mr. JAvns) be recog-
nized for not to exceed 15 minutes; and
that he then be followed by the distin-
guished Senator from Virginia (Mr.
Harry F. Byrd, Jr.) for not to exceed
15 minutes; and that then, at the con-
clusion of his remarks, the period for
the transaction of routine morning b^si-
ness ensue. I
The PRESIDENT pro tempore. With-
out objection, it is so ordered.
ADJOURNMENT
ORDER FOR RECOGNITION OF SEN-
ATORS JAVITS AND HARRY F.
BYRD, JR., TOMORROW
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that, on tomor-
Mr. ROBERT C. BYRD. Mr. Presidfent,
if there be no further business to come
before the Senate, I move, in accordance
with the previous order, that the Senate
stand in adjournment Uhtfll 12 noonl to-
morrow, j
The motion was agreed to, and, at
1:09 p.m., the Senate adjourned until
tomorrow, Thursday, Jani^arj- 4, 197^, at
12 o'clock meridian.
HOUSE OF REPRESENTATIVES— lyerfnesrfai/, January 5, 1973
This being the day fixed by the 20th
amendment of the Constitution for the
annual meeting of the Congress of the '
United States, the Members-elect of the
House of Representatives of the 93d
Congress met tn their Hall, and at 12
o'clock noon were called to order by the
Clerk of the House of Representatives,
Hon. W. Pat Jennings.
The Chaplain, Rev. Edward G. Latch,
D.D., prefaced his prayer with these
words of Scripture:
Be strong and of good courage; he not
afraid, neither he thou dismayed; tor
the Lord thy God is with thee whitherso-
ever thou goest. — Joshua 1: 9.
Eternal God and Father of us all,
m^e us aware of Thy presence as we
prepare ourselves for a new year together
in the service of our beloved countiy.
Bless these Representatives of our peo-
ple with Thy most gracious favor and so\
move within their hearts that they may\
look to Thee for guidance and from
Thee receive wisdom to walk in Thy
ways, strength to stand" steadfastly foi
the common good, and confidence
labor courageously for peace, justlc(
and freedom in our world. Support thei
all the day long as they face the resporj-
sibilities entrusted to them.
Before Thee we remember with afferir
tlon and with sorrow Hale Boggs, Frai
Bow, Nick Becich, George Collins, and
Harry S Truman. May these beloved
colleagues and our former President find
favor in Thy sight and receive the re^
ward of work well done for our Republi(
Comfort their families with the strength
of Thy spirit.
Now let us unite in praying together:
Our Father, who art in heaven, hal-
lowed he Thy name. Thy kingdom come.
Thy will he done in earth as it is in
heaven. Give us this day our daily hread.
And forgive us our trespasses, as we for-
give those who trespass against us. And
lead us not into temptation, but deliver
us from evil. For Thine is the kingdom,
and the power, and the glory, forever.
Amen.
The Clerk. Representatives-elect, this
is the day fixed by the Constitution
for the meeting of the 93d Congress,
and as the law directs, the Clerk of
the House has prepared the official
roll of Representatives-elect. Certificates
of election covering the 435 seats in the
93d Congress have been received by the
Clerk of the House of Representatives
of the 92d Congress, and the names of
those persons whose credentials show
that they were regularly elected as Rep-
resentatives in accordance with the laws
of their respective States or of the United
States will be called. As the roll is called,
following the alphabetical order of
States, begirming with the State of Ala-
bama, Representatives-elect will please
answer to their names to determine
whether a quorum is present.
The reading clerk will call the roll.
The Clerk called the roll by States and
the following Representatives-elect an-
swered to their names :
[Roll No. 11
ALABAMA
Edwards, Jack BevlU
Dickinson Jones.
Nichols Robert E.
ALASKA
(Vacant)
ARIZONA
Stelger, Sam
Rhodes
Udall
Alexander
Mills,
Wilbur D.
Clausen,
DonH.
Johnson,
Harold T.
Moss
Leggett
Burton
Mallllard
Dellums
Stark
Edwards, Don
Gubser
Ryan
Buchanan
Flowers
Conlan
ARKANSAS
Hammer-
scbmldt
Thornton
CALIFORNIA
Talcott
Teague,
Charles M.
Waldle
McFftU
Sisk
McCIoskey
Math! as
Hollfield
Moorhead.
Carlos J.
Hawkins
Corman
Clawson. Del
Rousselot
Wiggins
Rees
Goldwater
Bell
Danlelson
Roybal
Wilson,
Charles H.
Hosmer
Pettis
Hanns
Anderson.
Glenn M.
Ketchum
Burke,
Yvonne B.
Schroeder
Brotzman
Evans,
Frank E.
Cotter
Steele
Slkes
Fuqua
Bennett
Chappell
Gunter
Young. C. W.
Gibbons
Glnn
Mathis
Brlnkley
Blackburn
Matsunaga
Symms
Metcalfe
Murphy,
Morgan F.
Hanrahan
Derwlnskl
Kluczynskl
CoUler
Rostenkowskl
Yates
Madden
Landgrebe
Brademas
Roush
Mezvlnsky
Culver
Sebellus
Roy
Stubblefleld
Natcher
Mazzoll
Jr.
Brown,
George E,
Hinshaw
Wilson, Bob
Van Deerlin
COLOBAOO
Johnson,
James P.
Armstrong
CONNECTICUT
Glalmo
McKinney
DELAWARE
Burgener
Veysey
Sarasln
Grasso
du Pont (at large)
FLOHIDA
Haley
Frev
Bafalls
Rogers
Burke,
J. Herbert
Lehman
I GEORGIA
(young,
Andrew
Flynl
Davis
HAWAU
Mink
IDAHO
Hansen
ILLINOIS
,Young,
Samuel H.
Aununzio
Crane
McClory
Erlenborn
Arends
Anderson .
O'Brien
INDIANA
HllUs
Bray
Myers
Zion
IOWA
Gross
Smith. Neal
KANSAS
Winn
Shrlver
KENTUCKY
Snyder
Carter
Breckinridge
Pepper
Fascell
Stuckey
Landrum
Stephens
Michel
Railsback
Flndlay
Madigan
Shipley
Price
Gray
Hamilton
Dennis
Hudnut
Scherle
Mayne
Skubltz
Perkins
12
I ■
CONGRESSIONAL RECORD — HOUSE
January S, 1973
H'bert
T -een
V aggonner
K yros
& ills.
William O.
L ing.
Clarence D.
C )nte ^
Biland
D jnohrie
E rinan
C 'onln
C )nyers
Eich ^
B •own. Carry
H Litchinson
F)rd.
Gerald R.
C lumberlaln
Quie
F enzel
K:irth
W hitten
B jwen
S: min '*on
S illlvan
R-.r.daU
S. v.p
T lone
W
H int
Siiidrnan
H J ward
T lompsoh
F ellngtJiiv
L ijan
P ke •
G -over
R jncallo
Li Tit
"W vdler
Wolff
A idabbo
"senthal
Dp ianev
ae?!
as CO
ilsholm
B
B
C
Pfcr.e:i
Junes.
Walter B.
F )untaln
Hjnderson
A idrews.
IkeF.
LOUISIANA
Passman
Rarlclc
Breaux
MAIN'E
Cohen
UAilTLANO
Sarbanes
Holt
Hogan
Byron
MASSACHUSETTS
Harnngton
Macdonald
O'Neill
Moakler
Heclcler
MICHIGAN
Rlegle
Harvey
Vander Jagt
Cederberg
O'Hara
Dlggs
Nedzl
MINNESOTA
Fraser
Zwach
Bergland
MISSISSIPPI
Montgomery
Cochran
MISSOURI
Boiling
Litton
Taylor. Gene
Ichord
MONTANA
Melcher
NEBRASKA
McColllster
NEVADA
To well (at large)
NEW HAMPSHIRE
Cleveland
NEW JERSEY
Forsvthe
Widnall
Roe ,
Helstoskl
Rodlno
NEW MEXICO
Runnels
NEW YORK
Rooney,
John J.
Carey
Holtzman
Murphy,
John M.
Koch
Ransel
AbzTjg
Bingham
Pevser
Reld
Fish
NORTH CAROLINA
Long.
GllUs W.
Mitchell.
Parren J.
Gude
Burke,
James A.
Studds
Ford,
William D.
Dlngell
Griffiths
Huber
Broomfleld
Blatnik
Lott
Hungate
Burllson
Martin. Dave
Mlnlsh
Rlnaldo
Marazltl
Daniels
Patten
Mlzell
Preyer
Rose
Ruth
Martin.
James G
NORTH DAKOTA
Andrews, Mark 'at large)
OHIO
Gllman
Roblson
Stratton
King
McEwen
Mitchell
Hanley
Walsh
Horton
Conable
Dulskl
Kemp
Hastings
Broyhlll,
James T.
Taylor.
Roy A.
K eating
C ancy.
G uyer
L itta
H arsha
Brown.
Clarence J.
P>well
A shley
J >nes.
James R.
i. cSpadden
^tyatt
»
Miller
Stanton,
J. William
Devlne
Mosher
Selberllng
Wylle
Regula
Ashbrook
OKLAHOMA
Albert
Steed
Jarman
OREGON
UUman
Hays
Carney
Stanton. ■
James ^.
Stokes
Vanlk
Minshall
Camp
Dellenback
Barrett
Nix
Green,
William J.
EUberg
Ware
Yatron
Williams
Blester
Shuster
St Germain
Davis,
Mendel J.
Spence
Denholm
Qutlleu
Duncan
Baker
Patman
Wilson,
Charles
Collins
Roberts
eteelman
Teague,
Olln E.
Archer
Goodllng
Gaydos
Dent
Morgan
Johnson.
Albert W.
Vlgorlto
Clark
PENNSYLVANIA
McDade
Flood
Saylor
Coughlln
Moorbead,
William S.
Rooney, Fred B.
Eshleman
Schneebell
Heinz
RHODE ISLAND
Tiernan
SOUTH CAROLINA
Dom Young, Edward
Mann
Gettys
SOUTH DAKOTA
Abdnor
TENNESSES
Evlns, Joe L.
Fulton
Beard
TEXAS
Eckhardt
Brooks
Pickle
Poage
Wright
P>rlce
Young. John
de la Garza
White
Jones, Ed
Kuykendall
Burleson
Jordan
Mabon
Gonzalez
Fisher
Casey
Kazen
MUford
UTAH
Owens
VERMONT
Mallary (at large)
VIRGINIA
Daniel. W. C.
Butler
Robinson
Parrls
Robert W., Jr.Wampler
WASHINGTON
McCormack
Foley
Hicks
WEST VIRGINIA
Slack Hechler
McKay
Downing
Whltehurst
Satterfleld
Daniel,
Prltchard
Meeds
Hansen
BroyhUl,
JoelT.
Adams
Molloban
Staggers
Aspln '
Kastenmeler
Thomson
Zablockl
WISCONSIN
Reuss Froehllch
Stelger, Davis,
William A. Glenn R.
Obey
^ WYOMING
Roniullo (at large)
The Clerk. The rollcall discloses the
presence of 426 Members-elect.
A quorum is present.
STATEMENT REGARDING CERTAIN
CREDENTIALS
The Clerk. The Clerk will state that
credentials regular in form have been
received showing the election of the
Honorable Walter E. Fauntroy as Deler
gate from the District of Columbia, the
, Honorable Antonio Borja Won Pat as
Delegate from the territory of Guam,
and of the Honorable Ron de Lugo as
Delegate from the territory of the Virgin
Islands. \
The Clerk will also state that creden-
tials regular in form have been received
showing the election of the Honorable
Jamie Benitez, as Resident Commissioner
from the Commonwealth of Puerto Rico,
for a term of 4 years, beginning January
3,1973.
Since the last regular election of
Representatives to the 93d Congress one
change has occurred as a result of which
a vacancy now exists in the State of
Illinois, occasioned by the death of the
late Honorable George W. Collins, of
Illinois.
On December 20, 1972, the Speaker
directed a letter to the Clerk of the House
which the Clerk will read.
Washington, D.C,
December 20, 1972.
Hon. W. Pat Jennings,
Clerk, House of Representatives,
Washington, D.C.
Dear Mk. Jennings: When the 93rd Con-
gress convenes on January 3, 1973, the House
win be confronted with a situation which Is
unprecedented In our history. I refer, of
course, to the probability that the Repre-
sentatives-elect from the Second Congres-
sional District of Louisiana and from the at-
large seat In Alaska will not appear to take
the oath of office at noon on that day.
While It Is common knowledge that Rep-
resentatives-elect Hale Hoggs and Nick
Beglch, together with Russell L. Brown and
Don Jonz of the State of Alaska, departed
by plane from Anchorage. Alaska, on October
16, 1972 on a flight bound for Juneau. Alaska,
and have been missing since that date, any
action which the House might take to declare
their seats vacant, or otherwise pertaining to
their status as Representatives-elect, should,
I believe, be based upon the most rellablfe and
official documentary evidence available as of
January 3, 1973.
I therefore request tliat you obtain, for
transmittal to the House when It convenes
on January 3, 1973, certified copies of any
Judicial determination and other relevant In-
formation then available with respect to the
status of the persons in question. Such docu-
mentary evidence will then enable the House
to more properly discharge Its constitutional
responsibility In this matter.
Sincerely,
Carl Albert.
The Clerk. Pursuant to the Speaker's
instructions the Clerk has forwarded to
the Speaker a certified copy of the cer-
tificate of presumptive death of the
Honorable Nick Begich, of Alaska.
Also contained in the certified infor-
mation which the Clerk has forwarded
to the Speaker is documentary evidence
that the Honorable Hale Boggs, a Repre-
sentative-elect from the State of Louisi-
ana, was a passenger on a plane which
disappeared on a flight from Anchorage,
Alaska, to Juneau, Alaska, on October 16,
1972.
ELECTION OF SPEAKER
The Clerk. The next order of business
is the election of a Speaker of the House
of Representatives.
Nominations are now in order.
The Clerk recognizes the gentleman
from Texas (Mr. Teague) .
Mr. TEAGUE of Texas. Mr. Clerk, as
chairman of the Democratic caucus, I
am directed by the imanimous vote of
that caucus to present for election to the
ofBce of the Speaker of the House of
Representatives of the 93d Congress the
name of the Honorable Carl Albert, a
Representative-elect from the State of
Oklahoma.
The Clerk. The Clerk recognizes the
gentleman from Illinois (Mr. Anderson).
Mr. ANDERSON of Illinois. Mr. Clerk,
as chairman of the Republican Confer-
ence and by authority, by direction, and
by unanimous vote of that conference, I
nominate for Speaker of the House of
Representatives the Honorable Gerald R.
Ford, a Representative-elect from the
State of Michigan.
The Clerk. The Honorable Carl Al-
bert, a Representative-elect from the
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
13
State of Oklahoma, and the Honorable
Gerald R. Ford, a Representative-elect
from the State of Michigan, have been
placed in nomination.
Are there further nominations?
There being no further nominations,
the Clerk will appoint the gentleman
from Ohio, Mr. Hays, the gentleman from
Ohio, Mr. Devine, the gentlewoman from
Missouri, Mrs. Sullivan, and the gentle-
woman from Massachusetts, Mrs. Heck-
ler, to act as tellers.
The tellers will please take their places
at the desk in front of the Speaker's
rostrum.
The roll will now be called, and those
responding will indicate by surname the
nominee of their choice.
The reading clerk will call the roll.
The tellers having taken their places,
the House proceeded to vote for the
Speaker.
The following is the result of the vote:
[Roll No. 2]
Albert
Abzug
Adams
Addabbo
Alexander
Anderson,
Calif.
Andrews, N.C.
Annunzlo
Ashley
Asp in
Barrett
Bennett
Bergland
Eevill
Biaggl
Bingham
Blatnik
Boland
Boiling
Bowen
Brademas
Brasco
Breaux
Breckinridge
Brlnkley
Brooks
Brown. Calif.
Burke, Calif.
Burke, Mass.
Burleson. Tex.
Burllson, Mo.
Burton
Byron
Carey. N.Y.
Carney
Casey.' Tex.
ChappeU
Chlsholm
Clark
Clay
Conyers
Corman
Cotter
Culver
Daniel. W. C.
Daniels. N.J.
Danlelson
Davis, Ga.
Davis. S.C.
de la Garza
Delaney
Dellums
Denholm
Dent
Dlggs
Dlngell
Donohue
vnlng
;liian
Dulskl
Eckhardt
Edwards, Calif.
EUberg
Evans, Colo.
Evlns; Tenn.
Fasceil
Wsher
^TTood
Flowers
Flynt
Foley
Ford.
William D.
Fountain
Fraser
Fulton
F\iqua
Gaydos
Gettys
Glalmo
Gibbons
Glnn
Gonzalez
Grasso
Gray
Green. Pa.
Gunter
Haley
Hamilton
Hanley
Hanna
Hansen. Wash.
Harrington
Hawkins
Hays
Hubert
Hechler. W
Helstoskl
Henderson
Hicks
Holifleld
Holtzman
Howard
Hungate
Ichord
Jarman
Johnson. Calif
Jones. Ala.
Jones, N.C.
Jones, Okla.
Jones. Tenn.
Jordan
Karth
Kastenmeler
Kazen
Kluczynskl
Koch
Kyros
Landrum
Leggett
Lehman
Litton
Long. La.
Long. Md.
McCormack
McFall
McKay
McSpadden
Macdonald
Madden
Mahon
Mann
Mathls. Ga.
Matsunaga
MazzoU
Meeds
Melcher
Metcalfe
Mezvlneky
Mllford
MUls. Ark.
Mlnlsh
MlnJc
Mitchell. Md.
Moakley
MoUohan
Montgomery
Moorhead, Pa.
Morgan
Moss
Murphy, 111.
Murphy, N.Y.
Natchcr
Nedzl
Nichols
Nix
Obey
O'Hara
O'Neill
Owens .
Passman
Patman
Patten
Pepper
Perkins
Pickle
Va. Pike
Poage
Podell
Preyer
Price, ni.
Randall
Rangel
Rarick
Rees
Reld
Reuss
Roberts
Rodlno
Roe
Rogers
Roncallo, Wye.
Rooney, N.Y.
Rooney, Pa.
Rose
Rosenthal
Rostenkowskl
Rcrush
Roy
Roybal
Runnels
Ryan
St Germain
Sarbanes
Satterfleld
Schroeder
Selberllng
Shipley
Slkes
Sisk
Slack
Smith. Iowa
Staggers
Stanton,
James V.
Stark
Steed
Stephens
Stokes
Stratton
Tleman
Wilaon.
Stubblefield
Udall
Charles H.
Stuckey
UUman
WUson. Tex.
Studds
Van Deerlin
Wolff
Sullivan
Vanlk
Wright
Sj-mington
Vigorito
Yates
Taylor, N.C.
Waggonner
Yatron
Teague, Tex.
Waldle
Young, Oa.
Thompson, N.J. White
Young, Tex.
Thornton
Whlttein
Zablockl
Abdnor
GUmaK
Parrts
Anderson, 111
. Goldwatter
Pettis
Andrews.
Goodllng
Peyser
N. Dak.
Gross
Powell
Archer
Grover
Price. Tex.
Arends
Gubser
Prltchard
Armstrong
Gude
Quie
Ashbrook
Guyer
QuUlen
Bafalls
Hammer-
Rallsback
Baker
schmldt
Regula
Beard
Hanrahan
Rhodes
Bell
Hansen, Idaho
Rlegle
Blester
Harsha
Rlnaldo
Blackburn
Harvey
Robinson. Va.
Bray
Hastings
Roblson. N.Y.
Broomfleld
Heckler, Mass.
Roncallo. N.Y.
Brotzman
Heinz
Rousselot
Brown. Mich
Hlllls
Ruth
Brown, Ohio
Hinshaw
Sandman
BroyhlU, N.C
Hogan
Sarasln
Broyhlll. Va.
Holt
Saylor
Buchanan
Horton
Scherle
Burgener
Hcsmer
Schneebell
Burke, Fla.
Huber
Sebellus
Butler
Hudnut
Shoup
Camp
Hunt
Shriver
Carter
Hutchinson
Shuster
Cederberg
Johnson, Colo
Skubitz
Chamberlain
Johnson, Pa,
Snyder
Clancy
Keating
Spence
Clausen,
Kemp
Stantonr
DonH.
Ketchum
J. WiUlam
Clawson, Del
King
Steele
Cleveland
Kuykendall
Steelman
Cochran
Land grebe
Stelger, Ariz.
Cohen
Latta
Stelger, Wis.
Collier
Lent
Symms
Collins
Lott
Talcott
Conable
Lujan
Taylor, Mo.
Conlan
McClory
Teague. Calif.
Conte
McCloskey
Thomson. WU
Coughlln
McColllster
Thone
Crane
McDade
ToweU
Cronln
McEwen
Treen
Daniel,
.McKinney
Vander Jagt
Robert W.
, Madlgan
Veysey
Davis, Wis.
MalUlard
Walsh
Dellenback
Mallary
Wampler
Dennis
Marazitl
Ware
Derwlnskl
Martin, Nebr.
Whltehurst
Devlne
Martin, N.C.
Widnall
Dickinson
Mathlas, Calif.
Wiggins
Duncan
Mayne
WlUlams
du Pont
Michel
Wilson, Bob
Edwards, Ala
MUler
Winn
Erienbom
MUls, Md.
Wyatt
Esch
Minshall
Wydler
Eshleman
Mitchell. N.Y.
Wylle ,
Flndley
Mlzell
Wyman
Fish
Moorhead,
Young, Fla.
Forsythe
Calif.
Young, 111.
Frellnghuysen Mosher
Young, S.C.
Frenzel
Myers
Zlon
Prey
Froehllch
Nelsen
O'Brien
Zwach
The Clerk. The tellers agree in their
tally. The total number of votes^e^t is
424, of which the Honorable CfARi^^LBERT
has received 236 -and the Honorable
Gerald R. Ford, 188. Therefore, the
Honorable Carl Albert, a Representa-
tive-elect from the State of Oklahoma
having received a majority of all the
votes cast, is duly elected Speaker of
the House of Repre.?entatives of the
93d Congress.
The gentleman from Michigan, Mr.
Gerald R. Ford, the gentleman from
Massachusetts, Mr. O'Neill, the gentle-
man from Illinois, Mr. Arends, the gen-
tleman from Texas, Mr. Teague, the
gentleman from Oklahoma, Mr. Steed,
will please escort the Speaker-elect to
the Chair.
The Doorkeeper announced the
Speaker-elect of the House of Represent-
atives of the 93d Congress, who was es-
corted to the Chair by the committee
of escort.
Mr. GERALD R. FORD. Mr. Speaker
and colleagues of the 93d Congress, it is
a great honor to stand before you ais a
sort of surrogate for the ,Speaker of the
House. -^
Of course, I am a little bit disap-
pointed about losing this contest for the
speakership, but after five defeats you
learn to grit your teeth and smile.
First of all, I want to wish you all a
Happy New Year before somebody gets
up and tells you something different.
I also want to express my thanks to
those who voted for me over on tliis side
of the aisle. I undei;ftand it was unani-
mous and I hope we can have thai same
kind of minority solidarity for the next
2 years.
Finally, I would like to congratulate
our distinguished Speaker and to assure
him that I will support him — one thou-
sand percent.
As I look over this historic Chambet I
see many old friends and familiar f acesi-
but also many new ones. Fifteen percent
of you have just cast your first vcfte
as Members of the House of Representa-
tives of the U.S. Congress.
I wish to that group the fondest wel-
come and to that group may I sjiy a
special word or two.
When I first came to the Congress 24
years ago, I was under the handic£<p of
having defeated In the Republican pri-
mary a very, verj- senior member of the
Michigan delegation who naturally had
many good friends in thej House on both
sides of the aisle. \
The day I was sworn ih I happened to
sit down beside one of the most sejnlor
Republican Members from Michigan,
introduced myself, and started a contver-
sation I thought in a friendly spirit, 'that
senior Member turned to me and a$ked
this question: "Young man, do you know
the definition of a Congressman?" i
I naturally said, "No." His response
was, "A Congressman is the shortest dis-
tance between 2 years."
You will find, I hope, that we are a
much friendher group today. For one
thing, a bloc of 68 votea, Mr. Speaker.
15 percent of the House, could be decisive
if all you new Members would stick
together. Of course you will not. You will
vote according to your best judgment and
the best interests of the i^ountrj' anci of
your constituents, which |s how it ought
to be. I
May I urge you to coi»isel with your
colleagues in one importaht respect, and
that is the consideration we all owe to
the institution of the House Itself. The
longer you work here the |better you will
understand what I mean, i
I am sure that if my vdry dear friend.
Hale Boggs. were here, he would say
some of the things that I am saying far
more eloquently than I. And Njck
Begich, although he had served only one
term, would have agreed as would have
George Collins, another able and fine
colleague. All of us on both sides of the
aisle will miss Hale, Nick and George
venf, very much. |
This is truly the People's House, as
11
CONGRESSIONAL RECORD — HOUSE
January 3, 1973
T lomas Jefferson once said. It comes as
cl )se to being a continuous sampling of
public opinion as any part of our Gov-
ernment. Its powers are very great. Its
tiaditions are ver>- strong and deeply
n oted in the lessons of history. You have
\y en entrusted by the people who elected
y( lU — by those who voted for you and by
tl ose who voted against you or did not
v( ite at all — -to represent them in shaping
laws and making decisions that pro-
f ( undly affect their lives and the future
o; their children. This Is a solemn re-
s] tonsibility and a very, very high privi-
lege.
The institutions of government are all
tiider fire today, and among them the
li ouse of Representatives. This is not
u ilque to our times. Congress has always
bten the target of humorists like Mark
Twain and Will Rogers, and presidents
f 1 om George Washington forward have
n )t been above blaming most of the coim-
tiy's troubles on the legislative branch.
But I think it is fair to say that never
b ?fore have we been under closer .scrutiny
b ! the public than today, with all the ad-
v inces in communications and instant
a lalysis, and with the liberalization of
o ir own rules and procedures. So I urge
yi)U all. and particularly the new Mem-
bers, to bear in mind that you represent
the House itself in all that you do. I for
Die pray that we shall represent the
K ouse in tlie 93d Congress with honor
a id with pride.
One Member, above all, represents the
K ouse as an institution more than the
r(st of us. The Speaker has been called
tl^ second most powerful official of our
G overnment, and the speakership is an
o Bee of great dignity and power de-
n anding great diligence and ability. Only
4 I Americans 'hal'e occupied this Speak-
i e 's chair.
We have just elected one of my oldest
a id dearest friends to this high respon-
se bility for the second time. He has shown
h mself to be a Speaker of scrupulous
h >nesty and fairness, a stanch champion
o the rights and privileges of all Mem-
fa ;rs and of the great traditions of this
b )dy. I am deeply honored to present to
n ly colleagues of the 93d Congress a fine
f -lend, a dedicated American, and a dis-
t nguished son of Oklahoma, the Speaker
0 \ the House of Representatives, the
1 onorable Carl Albert.
Mr. ALBERT. My dear colleague and
dsar personal friend, Gerald Ford, and
r ly coHeaeues of the 93d Congress, I am
r lo.'^t grateful for the very generous man-
r er in which the distinguished minority
1 'ader has introduced me. This is my
14th term in the Congress. Although it
r lay be a confession of weakness to have
a little seniority around here, it is my
14th term, and that is the best Introduc-
1 3ry speech I have ever had. In the first
\ lace Gerry Ford is a great speaker, and
i 1 the second place I do not know of &ny
iiinority leader who has ever had as
nuch practice introducing Democratic
i ipeakers since I have been here.
Once again, my colleagues, I must, of
course, thank each and everyone of you
1 rom the bottom of my heart for bestow-
i ig upon me one of the highest oflBces in
t tils or any land. I accept this, mindful
(hat the office of Speaker is a House
< fflce. not a party office alone. The
Speaker Is elected by all the Members of
this great body, although he does not get
all the votes, and I promise you that I
will continue to serve all the Members of
this House to the best of my ability. I
shall undertake to do It with openness
and with fairness regardless of party
affiliation.
Under oior American system the
Speaker is more than a presiding offi-
cer. He is the elected leader of his party
in the House. You expect him therefore
when the occasion arises to speak for his
party and for his party's programs, but
I hope it can be said by all of my col-
leagues that Carl Albert Is an American
and is a Member of the House of Repre-
sfflitatives and Is a Democrat in that
order. *
If I might interject a very personal
note at this point, may I observe that
for me this moment of high honor Is
dimmed by the absence of a friend and
colleague who served with me as whip
and then as majority leader. We served
together, Hale Boggs and I, in the lead-
ership of the House of Representatives
for 10 years. To take this office without
Hale Boggs is a sad and lonely occasion
for me. And, of course, I miss the other
departed colleagues who are not with us
today. I will miss Hale's counsel, I will
miss his support, I will miss his friend-
ship, but at this time of shared loss I
draw strength and assurance from my
colleagues on both sides who when the
occasion demands always lend the
Speaker their support.
In particular, I know that my old
friend, the distinguished minority leader,
Gerald Ford, will stand with me and
work with me to help make the House a
forum for effective national leadership,
as he has indicated in his own remarks,
and at the same time a responsible in-
strument of the people's will.
Mr. Ford and I have differed in the
past; no doubt we will differ from time
to time in the future. But, we have never
differed on the conviction that the House
of Representatives must always safe-
guard its constitutional role as a strong
and lnfluenti|al branch of our National
Govei-nment : in my view, the most vital
branch springing from and-^ourished by
our people.
To that end, I give you my pledge that
I will work harder for that purpose in
this session than I have ever worked in
my life.
I am also pleased to note that my
Democratic colleagues have selected a
successor to Hale Boggs who is destined
to become one of the great leaders of the
House of Representative^
Tip O'Neill is a big^flian with a heart
and a mind and a sense of compassion
equal to his size. He is a man of immense
dedication and intense loyalty.
I am proud to have him serving with
me as we begin another Congress, and I
am particularly proud that he will serve
as my right arm.
We are fortunate to have such men as
these, Jerry Ford and Tn> O'Neill, as
our leaders, for the times demarid much
of us. Our responsibility grows with each
passing year, and the years become
shorter in the process. Each session our
workload becomes heavier. Each session
more and more legislation is brought to
the floor.
At the end of the session some say
that we have done too much; others say
we have done too little. It is very strange
that never do we hear anyone say that
we have done just enough. Where does
the truth lie between these points of
view?
The answer to that, of course, depends
upon our vision of America. Those who
believe that America Is as good as can
be or needs to be are naturally going to
be against an active Congress. Those who
believe our society is perfect are bound
to oppose any attempt to improve upon
it.
Those who believe that the American
promise of equality and equal opportu-
nity are realities now for all of our citi-
zens will resist our efforts to put all
Americans on an equal footing.
But I personally cannot accept this
view of our Nation. This is a Nation
based upon equality and freedom, dedi-
cated to human rights and human peace,
and these ends we shall endeavor to ac-
complish in the current session of the
Congress.
I do not believe that America is a fin-
ished product, a Utopia, a good stopping
place, an ideal that has already been per-
fected.
1 do not believe we are as good as we
can be, or as free as we can be, or as
equal as we can be, or as just as we can
be.
I believe that the Bill of Rights is more
than just a static set of principles. I be-
lieve it L a promise constantly renewed
and expanded by each succeeding gen-
eration to meet the changinr needs of
time.
Consider these facts.
When Frederick Muhlenberg became
our first Speaker in 1789 the Bill of
Rights did not exist. Today It is an ab-
solutely inseparable part of the very fab-
ric of American Government.
When Henry Clay was elected Speaker
in 1811 American children did not have
the "right" to an education. Today they
do.
When William Pennington was elected
Speaker in 1859 black Americans did not
have the "right" to citizenship. Today
they do.
When Champ Clark was elected
Speaker in 1911 American women did
not have the "right" to vote. Today they
do.
When Nicholas Longworth was elected
Speaker in 1925 Americans did not have
the "right" to Government protection in
their efforts to organize and operate as
unions. Today they do.
When John Gamer was elected
Speaker in 1931 older Americans did not
have a "right" to a guaranteed income
and medical care in their years of re-
tirement. Today they do.
When Sam Raybum was elected
Speaker in 1940 our veterans did not
have the "right" to an education. Today
they do.
When John McCormack was elected
Speaker In 1962 all Americans did not
have the "right" to eat where they
pleased. Today they do.
When I was elected Speaker just 2
years ago 18-year-old Americans did
Janimry 3, 1973
not have the "right'^ to vote. Today they
do.
My colleagues, the work of America is
never finished. Today as I prepare to
take the oath of Speaker for the second
ime, Americans are talking about new
"rights" which, if we do our job, will be-
come, as other "rights," permanent parts
of the American tradition.
What are some of those "rights"?
The right to breathe air that Is clean,
to drink water that is pure.
The right to a job for everyone who
wants to work.
The right of every consumer to be pro-
tected in the marketplace.
The right of every woman to be treated
as equally as every man.
The right to adequate health care re-
gardless of age or ability to pay.
The right of every citizen to be treated
as an individual no matter how large or
complex our society becomes.
This expanding Bill of Rights will de-
mand our attention in the months ahead,
for a right, no matter how widely recog-
nized it is, does not automatically become
a reality. ,
That requires action and legislation
and commitment, but that is what Amer-
ica and the American Congress are all
about. My colleagues, I see America as
a nation constantly in motion, striving,
growing, building, dreaming, playing,
changing, planning, reforming. I see an
America that is not an end in itself, but
a great and noble experiment for the
betterment of all mankind.
I see Congrejjs as a part of that ex-
periment, not the roadblock to change,
but an instrument of orderly and
thoughtful progress. I see each of us, 435
elected Members of this body, carrying on
our tasks and adding to the treasured
sweep of American history.
I am now ready to take the oath of
office.
I now ask the dean of the House of
Representatives, Hon. Wright Patman,
of Texas, to administer the oatb of of-
fice.
Mr. PATMAN then administered the
oath of office to Mr. Albert, of Okla-
homa.
CONGRESSIONAL RECORD — HOUSE
SWEARING IN OF MEMBERS
"The SPEAKER. According to the prec-
edent, the Chair will swear In all Mem-
bers of the House at this time.
If the Members will rise, the Chair will
now administer the oath of office.
The Members -elect and Delegates-
elect and the Resident Commissioner-
elect rose, and the Speaker administered
the oath of office to them.
The SPEAKER. The gentlemen and
gentlewomen are now Members of Con-
gress.
COMMUNICATION FROM THE CLERK
OF THE HOUSE
The SPEAKER laid before the House
the following communication from the
Clerk of the House of Representatives:
Washington, D.C.,
January 2, tS7 3.
Hon. CarA^Albert, ' '
The Speaker, U.S. House of Representatives.
Dear Mb. Speaker: This Is in further reply
to your letter of December 20, 1972, wherein
you requested transmittal to the House of
Representatives when It convenes on Jan-
uary 3, 1973, certified copies of any "Judicial
determinations and any other relevant In-
formation available" with respect to the
status of Representative-elect Nick Beglch
from the at-Large seat of Alaska and Rep-
resentative-elect Hale Boggs from the Sec-
ond Congressional District of Louisiana.
Attached herewith is a certified copy pf
the Certificate of Presumptive Death. "the
Presumptive Death Jury Verdict, and Order
signed by Alaska District Court Judge Dor-
othy D. Tyner on December 29, 1972, for the
Honorable Nick Beglch, at-Large Represen-
tative for Alaska, who was one of three pas-
sengers In an airplane that departed from
Anchorage on a flight bound for Juneau,
Alaska on October 16, 1972, and disappeared,
together with Judge Tyner's covering letter
of December 29, 1972, that was received this
date. I have also received this date from
the Alaska District Court a certified copy of
the transcript of the Presumptive Death
Hearing concerning the airplane's October 16,
1972. disappearance with its pilot and pas-
sengers, together with 45 color slides deplet-
ing the search areas which were shown to
the hearing Jury. Your attention Is respect-
fully invited to pages 19. 20, 21. 26. 87, 50.
103 and 106 of the hearing transcript that
• discuss the presence of the Honorable Hale
Boggs as a passenger on the October 16, 1972,
Anchorage to Juneau flight that disappeared.
Additionally, I received the attached tele-
gram this date from the Honorable WUllam
A. Egan, Governor of Alaska, confirming that
on December 29, 1972, the day the Order that
presumed death of the Honorable Nick Be-
glch was signed by Judge Tyner, Governor
Egan declared Alaska's only at-Large House
seat vacant. It has been announced that Gov-
ernor Egan also ordered a special election for
March 6, 1973, to fill said vacancy.
Also attached herewith Is a Certification
executed by the Governor of Louisiana on
December 21, 1972. and attested to by the
Secretary of the State of Louisiana that con-
tains a certified opinion of the Attorney
General of Louisiana that no action has been
taken by the Governor and that no action
is before the courts of Louisiana that would
In any way change the status of the Hon-
orable Hale Boggs or modify the Election
Proclamation for the General Election held
In Louisiana on November 7, 1972, that was
signed and issued by the Governor and
countersigned by the Secretary of State un-
der the seal of the State of Louisiana on
December II, 1972, certifying tlmt the Hon-
orable Hale Boggs was elected as Repre-
sentative for the Second Congressional Dis-
trict of Louisiana and transmitted to the
Clerk of the House In the Secretary of State's
letter of December 12, 1972. 1 have this date
received the attached telegram from the Sec-
retary of State of Louisiana, advising that
the situation In Louisiana has not changed
the December 21, 1972, Certification of the
Governor of Louisiana. Based on said Louisi-
ana's Congressional Election Proclamation,
the ^Honorable Hale Boggs has been enrolled
by.the Clerk of the House as the Represent-
ative-elect from the Second Congressional
District of Louisiana on the roll of Repre-
sentatives-elect for the Ninety-Third Con-
gress.
Iil_the event the Clerk of the House re-
ceives or learns of any additional informa-
tion prior to the convening of the Ninety-
Third Congress, such Information will be
transmitted to the House of Representatives
promptly.
In accordance with your previous oral di-
rections, I have prepared draft resolutions
related to this matter and have separately
transmitted them to the Parliamentarian of
the House of Representatives.
With kindest regards, I am
^Sincerely,
W. Pat Jennings,
Clerk. V.S. House of Representatives.
15
State of [Louisiana.
Baton Rouge.
To the'U.S. House of Repr^isentatives:
I, Edwin W. Edwards, Governor of Loui-
siana, do hereby certify to tiie United States
House of Representatives ^hat the Gover-
nor of Louisiana has not l)aken any action
nor, according to the certlfieH opinion of WU-
llam J. Guste, Jr., Attorney General of the
State of Louisiana, said certlflcallon being at-
tached and made a part hereof, are there any
actions before the Courts of Louisiana, nor
has any other action been taken that would
In any way change the status of t^e Honor-
able Hale Boggs or modify the election proc-
lamation for the General Election held In
Louisiana on November 7, 1972 that was cer-
tified, signed and Issued by the Governor and
the Secretary of State over the seal of the
State of Louisiana on December 11, 1972 for
the Second Congressional District of Lbul-
slana, and transmitted to the Clerk of the
United States House of Representative* In
the Secretary of State's letter of December
12, 1972. I
E^wQf Edwards,
Governor of Louisiana.
2, 1973.
COMMUNICATION FROM THE CLERK
OF THE HOUSE
The SPEAKER laid before the House
the following communication from the
Clerk of the House of Representative^:
/ I Washington, D.C, |
January 2,
Hon. Carl Albert,
The Speaker, %
U.S. House of Representatives.
Dear Mr. Speaker: This Is an additional
response to your letter of Df cember 20, 1972,
wherein you requested transmittal to the
House of Representatives when It convenes
on January" 3. 1973, certified copies of any
"Judicial determinations an^ any other rele-
vant Information available" with respect to
the status of Representative-Elect Nick
Beglch, from the at-large seat of Alaska and
Representative-Elect Hale Boggs from the
Second Congressional District of Louisiana.
I have this evening received from the Sec-
retary of Defense the attached letter describ-
ing the air and sea rescue search efforts con-
ducted by his department for the "aircraft
which carried the Honorable Hale Boggs as a
passenger . . . missing on a scheduled flight
from Anchorage. Alaska to Juneau, Alaska
since the sixteenth day of Ootober 1972." The
Secretary of Defense "detennlned that fur-
ther search would be of no avaU [and] . . .
Informed the Commander-in-Chief Alaska
Command to suspend further active search."
In the event the Clerk of the House re-
ceives or learns of any additional Information
prior to the convening of the Ninety-Third
Congress, such Information wUl be trans-
mitted to the House of Representatives
promptly.
With kindest regards, I azpi
Sincerely. |
W. Pat Jennings,
Clerk, House of Representatives.
CONCERNING THE HONORABLE
HALE BOG<JS
Mr. TEAGUE of Texas. Mr. Speaker, I
offer a resolution (H. Res. 1) and sisk
for its immediate consideration.
The Clerk read the resolution as fol-
lows:
h.res. 1 I L
Whereas a certificate of election has been
received by the Clerk of this House showing
the election of Hale Boggs as a Representative
In the Ninety-third Congress from the Sec-
ond Congressional District In the State of
Louisiana; and
1(
ha
as
se; itatlves,
Sp saker
Ccfigress,
ti
th !
Ri
of
pli
19
h
re
av«
be;
All
tlie
Jon
ca 1
Ju-y
In
ce
to
- ai
to
ca :es I
xieref ore :
vt
tl
caiicy
re ]
Sld
cause
Hii
tte
Is
t
V
tlli.
I
CONGRESSIONAL RECORD — HOUSE
January S, 1973
Vhereas Flepresentsttlve-elect Hale Boggs
not appeared to take the oath of office
a Memt)er or this House; and
Vhereas the Clerk of the House of Repre-
actlng at the direction of the
of this House for the Ninety-second
has ascertained that Representa-
\ ea^Jick Beglch and Hale Boggs. Members of
Ninety-second Congress, together with
sell L. Brown and Don E. Jonz of the State
Alaska, all of whom departed together by
me from Anchorage. Alaska, on October 16,
r2. on a flight bound for Juneau, Alaska,
e been missing since that date and despite
1 leated and thorough searches have not
;n located; and^
■Vhereas th^Btstrlct Court for the State of
ka. Third Judicial District, after hearing
linesses and studying all available evidence
relative to the disappearance of Representa-
Beglch, Russell L. Brown and Don E.
z, has determined that these three men
not be found alive after such a lapse of
tl*ie and are presumed dead; and
IVhereas as a result of the findings of the
m the aforementioned judicial proceed-
the Judge of the said court has signed
ti&iatis of presumptive death with respect
R^re^entative Beglch, Russell L. Brown
d Don E. Jonz; and
IVhereas no evidence has been presented
this House or is known to it which dis-
tinguishes the missing status of Representa-
elect Hale Boggs from that of the three
m^n for whom the aforementioned certlfl-
of presumptive death have been Issued;
be it
Resolved, That based on Information pro-
led by its Clerk, this House of Representa-
es hereby determines that there is a va-
in the Nlnety-thli;d Congress in the
rejjresentatlon from the Second Congres-
nal District in the State of Louisiana be-
of the absence of Representative-elect
le Boggs.
Resolved, That the Speaker of the House
hereby directed to notify the Governor of
State of Louisiana of the existence of this
^ancy so that appropriate measures to fill
3 vacancy may be undertaken by the Gov-
lor pursuant to Article I, Section 2 of the
oAnstltution of the United States.
Resolved. That the Speaker be authorized
appoint a delegation of Members of this
Ht>use, together with such Members of the
as may be joined, to attend memorial
to be held for the former Majority
L4ader in New Orleans, Louisiana, on Janu-
4, 1973.
Resolved, That the Sergeant at Arms of the
be authorized and directed to take such
3 as may be necessary to carry out the
provisions of these resolutions and that the
n iceflBary expenses In connection therewith,
w*ll as any Incurred by the Clerk at the
er's request, be paid out of the con-
gent fund of the House.
Resolved. That the Clerk communicate
tAest resolutions to the Senate, to the Gov-
e: nor of the State of Louisiana, and- trans-
n It a copy to the family of the missing Rep-
njsentative-elect Hale Boggs.
The resolution was agreed to.
A motion to reconsider was laid on the
tkble.
/PPOINTMENT OF MEMBERS TO AT-
TEND MEMORIAL MASS FOR THE
HONORABLE HALE BOGGS
The SPEAKER. The Chair appoints
the following Members of the House to
a ttend the memorial mass and tribute for
tie honorable Hale Boggs, the majority
1 jader in the 92d Congress and a Repre-
s mtatii^ -elect from the Second Congres-
sional District of Louisiana to the 93d
Congress: The Speaker, Mr. Hebert, the
r lajorlty leader, the minority leader, the
tc
S< nate
se rvlces
L<a
aiy
R
H( luse ■
St ?p3
ai
^S )eake
till
majoEity-«iiip, the minority whip, Mr.
Passman, Mr. Waggonner, Mr. Rarick,
Mr. Breaux, Mr. Long of Louisiana, Mr.
Treen, Mr. Patman, Mr. Mahon, Mr.
PoAGE, Mr. Mills of Arkansas, Mr. Holi-
FiELD, Mr. Madden, Mr. Morgan;
Mr. Price of Illinois, Mr. Teactte of
Texas, Mr. Blatnik, Mr. Burleson of
Texas, Mr. Gross, Mr. Hays, Mr. Per-
kins, Mr. RODINO, Mr. Staggers, Mr. Say-
lor, Mr. Widnall, Mr. Broyhill of Vir-
ginia, Mr. Cederberg, Mr. Haley, Mr.
Landrum, Mr. Mailliard, Mr. Rhodes,
Mrs. Sullivan, Mr. Dicgs, Mrs. Griffiths,
Mr. ReUss, Mr. Teague of California, Mr.
Vanik, Mr. Chamberlain, Mr. Collier,
Mr. Ullman;
Mr. QuiE, Mr. Burke of Massachusetts,
Mr. Devine, Mr. Dulski, Mr. Karth, Mr.
Moorhead of Pennsylvania, Mr. Nelsen,
Mr. Rostenkowski, Mr. Schneebeli, Mr.
Anderson of Illinois, Mr. Ashbrook, Mr.
Carey of New York, Mr. Corman, Mr.
Harsha, Mr. ICHORD, Mr. Mosher, Mr.
Pulton, Mr. Gibbons, Mr. Horton, Mr.
Hutchinson, Mr. Quillen. Mr. Green of
Pennsylvania, Mr. Conable, Mr. Duncan,
Mr. Brown of Ohio, Mr. Matsut^aca, and
Mr. Brotzman.
The Sergeant at Arms has advised the
Chair that it may be possible to arrange
transportation for a limited number of
MMnbers who desire to attend the memo-
rial mass in New Orleans who have not
bean appointed on the official list of
House Members. Interested Members
should contact the Sergeant at Arms.
The Chair would like to announce with
regard to the arrangements being made
for Members of the House to attend the
memorial mass for the late Honorable
Hbuse Majority Leader Hale Bocgs to be
held tomorrow in New Orleans that buses
will be provided for transportation to
Andrews Air Force Base, at the Capitol
steps, at the House entrance.
Buses will leave in groups starting at
8:30 a.m. Meals will be served in flight
both ways. The group is expected to re-
turn to Washington. D.C., at approxi-
mately 6 : 45 p.m. to 7 : 30 p.m.
The official delegation has been named
and several aircraft have been made
available to transport the group to New
Orleans.
Other Members not named in the dele-
gation have requested to join the group.
While every effort has been made to ac-
commodate everj'one, seating space is
limited. It is, therefore, requested that
all Members desiring transportation, who
have not already done so, notify the
Sergeant at Arms at extension 5-2456 as
soon as practicable.
Members will be assigned to specific
aircraft and the ground transportation
has been so coordinated. In the interest
of safety, it is essential that the schedul-
ing of departure of the several aircraft
be maintained.
MINORITY LEADER
I
MAJORITY LEADER
Mr. TEAGUE of Texas. Mr. SpeakerV
as chairman of the Democratic caucufr
I have been directed to report to the
House that the Democratic Members
have selected as majority leader the
gentleman from Massachusetts, the hon-
orable Thomas P. O' Neill.
Mr. ANDERSON of Illinois. Mr. Speak-
er, as chairman of the Republican con-
ference, I am directed by that confer-
ence to officially notify the House that
the gentleman from Michigan, the Hon-
orable Gerald R. Ford, has been selected
as the minority leader of the House.
ELECTION OF CLERK OF THE
HOUSE, SERGEANT AT ARMS,
DOORKEEPER, POSTMASTER. AND
CHAPLAIN
The SPEAKER. The gentleman from
Te^as (Mr. Teague).
Mr. TEAGUE of Texas. Mr. Speaker, I
offer a resolution (H. Res. 2) and ask for
its immediate consideration.
The Clerk read the resolution, as fol-
lows:
H. Res. 2
Resolved. That W. Pat Jennings, of the
Commonwealth of Virginia, be, and he Is
hereby, chosen Clerk of the House of Rep-
resentatives;
That Kenneth R. Harding, of the Com-
monwealth of Virginia, be, and he Is hereby,
chosen Sergeant at Arms of the House of
Representatives;
That WlUlam M. Miller, of the State of
Mississippi, be, and he Is hereby, chosen Door-
keeper of the House of Representatives;
That Robert V. Rota, of the Commonwealth
of Pennsylvania, be, and he Is hereby, chosen
Postmaster of the House of Representatives;
That Reverend Edward O. Latch, D.D., of
the District of Columbia, be, and he is here-
by, chosen Chaplain of the House of Rep-
resentatives.
Mr. ANDERSON of Illinois. Mr.
Speaker, I shall offer a substitute for the
resolution just offered by the gentleman
from Texas, but before doing so, request
that there be a division of the question
on the resolution so that we may have a
separate vote on the Office of the Chap-
lain.
The SPEAKER. The question Is on
that portion of thp resolution providing
for the election of the Chaplain.
That portion of the resolution was
agreed to.
SUBSTTTUTE AMENDMENT OFFERED BY
MR. ANDERSON OF ILLINOIS
Mr. ANDERSON of Illinois. Mr.
Speaker, I offer a substitute amendment
for the remainder of the resolution.
The Clerk read as follows:
Amendment offered by Mr. Andeeson of
nilnols as a substitute for House Resolution
No. 2:
Resolved, That Joe Bartlett, of the State of
Ohio, be, and he Is hereby, choeen Clerk of
the House of Representatives;
That Robert T. Hartman, of the State of
Maryland, be, and he is hereby, chosen Ser-
geant at Arms of the House of Representa-
tives;
That William R. Bonsell, of the Common-
wealth of Pennsylvania, be, and he is hereby,
chosen Doorkeeper of the House of Repre-
sentatives;
That Tommy Lee Wlnebrenner, of the State
of Indiana, be, and he Is hereby, chosen Poet-
master of the House of Representatives.
The SPEAKER. The question Is on the
substitute amendment offered by the
gentleman from Illinois (Mr. Anderson).
The substitute amendment was
rejected.
The SPEAKER. The question Is on the
January 3, 1 97 3
CONGRESSIONAL RECORD — HOUSE
resolution offered by the gentleman from
Texas (Mr. Teague).
The resolution was agreed to.
A motion to reconsider was laid on
the table.
The SPEAKER. Will the officers
elected present themselves in the well
of the House?
The officers-elect presented themselves
at the bar of the House and took the
oath of office.
NOTIFICATION TO SENATE OF OR-
GANIZATION OP THE HOUSE
Mr. O'NEILL. Mr. Speaker, I offer a
resolution <H. Res. 3) and ask for Its
Immediate consideration.
The Clerk read the resolution, as
follows: '
H. Res. 3
Resolved, That a message be sent to the
Senate to Inform that body that a quorum
of the House of Representatives has assem-
bled; that Carl Albert, a Representative from
the Stale of Oklahoma, has been elected
Speaker; and W. Pat Jennings, a citizen of
the Commonwealth of Virginia, Clerk of the
House of Representatives of the Ninety-third
Congress.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
COMMITTEE TO NOTIFY THE PRESI-
DENT OF THE UNITED STATES OF
THE ASSEMBLY OF THE CON-
GRESS
Mr. O'NEILL. Mr. Speaker, I offer a
resolution (H. Res. 4) and ask for its
immediate consideration.
The Clerk read the resolution, as fol-
lows :
H. Res. 4
Resolved, That a committee of two Mem-
bers be appointed by the Speaker on the part
of the House of Representatives to join with
a committee on the part of the Senate to
notify the President of the United States
that a quorum of each House has been as-
sembled, and that Congress Is ready to re-
ceive any communication that he may be
pleased to make.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
The SPEAKER. The Chair appoints as
members on the committee on the part
of the House to notify the President of
the United States that a quorum of each
House has been assembled, and that Con-
gress is ready to receive any communica-
tion that he may be pleased to make, the
gentleman from Massachusetts (Mr.
O'Neill ) and the gentleman from Michi-
gan (Mr. Gerald R. Ford) .
AUTHORIZING THE CLERK TO IN-
FORM THE PRESIDENT OF THE
UNITED STATES OP THE ELECTION
OF THE SPEAKER AND THE CLERK
OP THE HOUSE OF REPRESENTA-
TIVES
Mr. MAHON. Mr. Speaker, I offer a
resolution (H. Res. 5) and ask for Its
immediate consideration.
The Clerk read the resolution, as fol-
lows:
H. RES. 5
Resolved, That the Clerk be Instructed to
inform the President of the United States
that the House of Representatives has elected
Carl Albert, a Representative from the State
of Oklahoma. Speaker; and W. Pat Jennings,
a citizen of the Commonwealth of Virginia,
Clerk of the House of Representatives of the
Ninety-third Congress.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
RULES OP THE HOUSE
Mr. MADDEN. Mr. Speaker, by direc-
tion "of the caucus, I offer a resolution
(H. Res. 6) and ask for its Immediate
consideration.
The Clerk read the resolution, as
follows:- ^
H. Res. 6
Resolved, That the Rules of the House of
Representatives of the Ninety-second Con-
gress, together with all applicable provisions
of the Legislative Reorganization Act of 1946,
as amended! and the Legislative Reorganiza-
tion Act of 1970, as amended, be, and they
are hereby adopted as the Rules of the
House of Representatives of the Ninety-third
Congress, with the following amendments as
part thereof, to wit:
In Rule XII, clause 2 Is amended to read
as follows:
"The Delegate from the District of Colum-
bia shall be elected to serve as a member of
the Committee on the District of Columbia
and each Delegate to the House shall be
elected to serve on standing committees of
the House in the same manner as Members
of the House and shall possess in all commit-
tees on which he serves the same powers and
privileges as the other Members."
In Rule XVI, Insert at the end of clause 4
the following:
"It shall be In order at any time during a
day for the Speaker, in his discretion, to
entertain a motion that when the House
adjourns it stand adjourned to a day and
time certain. Such a motion shall be of equal
privilege with the motion to adjourn pro-
vided for In this clause and shall be deter-
mined without debate."
In Rule XXVII, clause 1 is amended to
read as follows r^
"No rule shall be suspended except by a
vote of two-thirds of the Members voting,
a quorum being present; nor shall the
Speaker entertain a motion to suspend the
rules except on the first and third Mondays
of each month, and on the Tuesdays imme-
diately following those days, and during the
last six days of a session.
Mr. MADDEN. Mr. Speaker, I was
about to move the previous question on
this resolution, because the caucus on
yesterday imanlmously agreed on this
with a few minor changes, but I have
been requested by the minority to yield
some time, so I yield 5 minutes to the
gentleman from Nebraska (Mr. Martin) .
Mr. MARTIN of Nebraska. Mr.
Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I have serious reserva-
tions about the third point, the rule
which the gentleman has proposed, that
Is extending to the Tuesday after the
first and third Mondays the considera-
tion of bills under suspension. The bills
under suspension, of course, are under
what we might call closed ruleSi^r prac-
tically closed rules, because the^ cannot
be amended In the House.
There is a great deal of sentiment and
17
country to open
elected Members
hue and cry about the
up to the will of the
of the Congress and the people oit the
United States these bill£ to thorough de-
bate and consideration! on all legislative
measures. I
I grant, Mr. Speaker, that there are
times when we should have a closed rule,
but to increase by 100 percent the amount
of time for consideration under suspen-
sion of the rules Is contrary to the feel-
ings of the people of this country. I am
in opposition to this proposed change.
In respect to the legislative situation I
would like to make this statement. I
understand we cannot offer an amend-
ment to support or oppose any particular
change of these three points In the rules.
The Important vote will come on the
previous question. There will be a request
from this side of the aisle for a rollcall
vote on the previous question. If the
previous question is voted down, then we
will have an opportunity to offer amend-
ments. .
Mr. ANDERSON of Illinois. Mr.
Speaker, will the gentleman vield?
Mr. MARTIN of Net|raska. I yield to
the gentleman from Illinois (Me-. Akder-
SON). j
Mr. ANDERSON cjf Illinois. Mr.
Speaker, I thank the gentleman ifrom
Nebraska for yielding to me.
I can assure the Memibers of this body
that I regret very deeply that, on the
first occasion I have to' take to the well
of this Chamber in thik first session of
the 93d Congress, it is to object Co what
I think are highly arbitrary and high-
handed procedures that are suggested
with respect to the rules of this House;
the very body that has )ust been a.s cor-
rectly described as the People's Cham-
ber, In which the people's voice Is to be
heard. Yet, by this action that is pro-
posed this afternoon, we are going to
limit ourselves to less than 30 minutes
of debate on a very fundamental question
as to how we dispatch the business of this
House.
Now, the distinguished chairman of
the Committee on Rules knows that I
have already written him this week and
asked him to consider seriously the im-
mediate reestablishment of a Subcom-
mittee on Legislative Reorganization of
the Committee on Rules, on which I am
proud to serve.
That is the proper forum before which
to take this matter, and after appro-
priate hearings to decide the manner in
which we shall fundamentally change the
rules by which we do business in this
House.
I could not agree more with the gentle-
man from Nebraska that to increase by
lOQ percent this type oif parliamentary
procedure where, after 40 minutes of
debate with no amendments being
tolerated, we try to ram through this
Chamber important pieces of legislation
Is not reform at all; it is a travesty upon
the cry that has gone forth through the
length and breadth of this land that we
reform the procedures of this House.
I stand foursquare for reform of the
procedures of this House. I would not
have written a letter to the distinguished
chairman suggesting the Immediate re-
establishment of a committee on leglsla-
8
I !
CONGRESSIONAL RECORD — HOUSE
January 3, 1973
t ive reorganization if I did not subscribe
wholeheartedly to the principle of
I eform.
But, on the initial day of the first
session of this new Congress, to propose
ii this manner without any prior com-
iiunication that I am aware of what-
e ver with the minority side of the aisle —
to propose this kind of a sweeping, far-
leaching change in the rules I think is
I reposterous.
Let me remind some of my liberal
friends with whom I voted during the
1 ist session of this Congress when a bill
t3 deny freedom of travel in complete
^ iolation of all constitutional rights was
c n the suspension calendar, that we de-
ieated that bill, as I recall, by only one
c r two votes. It was a bill that never be-
1 )nged on the suspension calendar in the
1 ;rst place. L
I think we ought to glvei some ver>-
s ericus consideration to what we are do-
iag here this afternoon. I do not like
to vote down the previous question, but
i; is the only parliamentary procedure
i vailable to us to protest this unwise and
1 etrogressive change In the rules.
The SPEAKER. The time of the gen-
t leman from Nebraska has expired.
Mr. ANDERSON of Illinois. Mr.
Speaker, I ask the gentleman from Ne-
l raska to yield to me for 1 additional
I ilnute.
Mr. MADDEN. I yield 1 additional
I ninute to the gentleman from Illinois.
Mr. ANDERSON of Illinois. Mr.
Speaker, I repeat, that this is the only
1 lossible . parliamentary procedure avail-
iblt to us this afternoon who are Indig-
nant not only about the fundamental na-
' ure of the change which the gentleman
; eeks to make, but by the arbitrary, high- •
] landed procedure which Is sought to be
employed in altering the rules of the
: 'eople's Chamber.
I hope that the Members will join me
(in the Democratic side of the aisle as
veil and after some sober reflection real-
; Ize that there is time to reform the rules
if this House in a proper way and In
hose areas where change is needed. I
mderstand there Is a move afoot in the
: Democratic caucus to consider over the
lext 2 weeks what other changes ought
0 be made in the rules. Let us do that
'n an orderly way by scheduling hear-
ngs before the Committee on Rules.
I am not suggesting that because I
vant to block change or block reform,
)ut give us a chance after a fair hear-
ng, after mature reflection and consid-
eration, to begin the job, and what a nec-
Bsary job it is. of reforming this House
1 ind its procedures.
Let us not get off on the wrong foot
I ind start this very first day by doing
something that in time we will come to
: ■epent.
Mr. MADDEN. Mr. Speaker, I yield 10
nlnutes to the minority leader (Mr. Ger-
lld R. Ford).
Mr. CLEVELAND. Mr. Speaker, will
he gentleman yield? ,^
Mr. GERALD R. FORD. I yield to tn^
fentleman from New Hampshire.
Mr. CLEVELAND. As I understand one
)f the proposed changes in the rules, we
KTOuld have 2 more days In a month un-
ler which suspensions could be called
ip; Is that correct?
Mr. GERALD R. FORD. It is my un-
derstanding that in one of the three pro-
visions that would deviate from what we
have had for a good many years
Mr. CLEVELAND. There would be 2
more days?
Mr. GERALD R. FORD. There would
be 2 more days a month, the Tuesdays
following the first and third Mondays,
which would then be open for suspen-
sions.
Mr. CLEVELAND. And by inference,
then, we could say there would be more
bills brought up on the floor of the House
under suspension of the rules?
Mr. GERALD R. FORD. I think that
is a fair inference.
Mr. CLEVELAND. I think that not
enough attention has been paid as to how
bills get called up under a suspension of
the rules. As I understand it, this is
totally within the discretion of two peo-
ple In the House, the Speaker and the
chairman of the committee. I don't be-
lieve a member of a committee, has a
right to vote on whether a bill would be
considered under suspension of the rules,
or taken to the Rules Committee. We
have seen bills involving millions of dol-
lars, enormously complex, come up under
suspension of the rules. This has been
done, as I understand it, by a decision of
two people, the chairman of the commit-
tee and the Speaker of the House. Is that
generally correct?
Mr. GERALD R. FORD. I would amend
the gentleman's observation to one ex-
tent. The principal discretion rests with
the Speaker of the House. As to the per-
son he will recognize, that person does
not necessarily have to be the chairman
of the committee concerned. But some-
body from a committee has to seek recog-
nition, and the Speaker of the House has
the discretion to recognize him, or
whomever the committee chairman may
designate.
Mr. CLEVELAND. And the committee
has nothing to say. A member of a com-
mitte may suddenly and without any
notice find an important bill from his
committee coming up on the floor of the
House under a suspension of the rules
under which no amendment can be of-
fered, with only 40 minutes of debate.
Mr. GERALD R. FORD. That is cor-
rect.
Mr. CLEVELAND. I think this is a seri-
ous step backward for the House. It Is a
step backward and a blow to .those of us
who have been interested In meaningful
congressional reform.
I thank the gentleman for yielding.
Mr. GERALD R. FORD. Mr. Speaker,
some of the detaUs have been spelled out
here in our discussion this afternoon, but
let me say that we have three proposed
changes in the rules of the House that
ought to be discussed, and in my opinion
in two instances there ought to be
changes.
In the first, rule xn, clause 2, the pro-
posal would make the delegate from the
District of Columbia a member of the
Committee on the District of Columbia
and in addition it would provide that
each delegate to the House be elected to
serve on standing committees in the same
manner as Members of the House, and
so forth.
I do not believe there Is any objection
to that proposed rules change. I would
not oppose that proposal under any cir-
cumstances.
Now we turn to one that I believe Is
vitally important. The rules of the House
heretofore have said that the House shall
meet every day, and there should not be
more than a 3-day spread, at 12 o'clock
at noon. In the past in order to get that
time of meeting changed we had to have
unanimous consent. This was a protec-
tion against an autocratic, dictatorial
majority.
Although on some occasions I must
admit I objected to the fact that a single
Member would not permit us to come
In at 11 o'clock or 10 o'clock. In retro-
spect I believe It was probably a good
safeguard to protect the rights of the
minority.
Now the proposal that Is before us
today says that the time of meeting
shall be determined by a majority vote
of the Members and that the Speaker
can entertain a motion that has very
high privilege.
Mr. Speaker, the majority will make
the decision. The Speaker can recog-
nize the individual, and the net result
is that nobody in the minority, I do not
think, is adequately protected — a minor-
ity on the side of the Democrats or a
minority on the side of the Republicans.
Mr. Speaker, what we propose as a
change in the rules — and I think it is
fair — is that the Speaker be permitted
to recognize a person for a change in the
hour of meeting, but Instead of a major-
ity determining that issue it would re-
qu)r©^,a two-thirds vote. If a two-thirds
vote ^ this body says that we should
meet at 11 o'clock or 10 o'clock, I think
that is fair. But a simple majority, in
my opinion, puts too much power, too
much dictatorial authority In the hands
of a mere majority of one.
And so. Mr. Speaker, if the previous
question is beaten, we would offer an
amendment that would simply change
the vote from a majority to a two-thirds
vote.
Mr. Speaker, the second point: I really
do not understand why we have to double,
increase by a hundred percent, the num-
ber of days of suspension each month.
As I understood the historical justi-
fication for suspension, It was for the
purpose of considering relatively unim-
portant legislation or legislation where
there W8is» little or no controversy, and
the net resiilt was the rules of the House
said that on every first and third Mon-
day we should have suspension, and in
addition during the last 6 days after the
date of an adjournment has been set. I
think that Is a good rule.
But now, Mr. Speaker, to double, to
increase by a hundred percent, the days
on which we can have suspensions. In my
judgment, Is going too far, because sus-
pensions, as all of us who have been here
know, mean that you can take a bill in-
volving billions of dollars. Involving
literally himdreds of thousands of words,
and put it on suspension and you could
not amend a dollar and you could not
amend a word. And I do not believe that
Is the way to legislate.
Mr. Speaker, the Members talk about
reform In the House proposing that we
ought to open up committee hearings,
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
and recommending other things that
some of these crusaders are demanding.
If we adopt nile XXVII as it is pro-
posed, that is a step backward from re-
form; it is retrogression from progress.
I do not see how anybody who believes
■ in making the House of Representatives
more representative could possibly sup-
port this rule change.
Mr. Speaker. I urge that we defeat the
previous question, and then we would
offer an amendment which would simply
strike — and I quote — "and on the Tues-
day immediately following those days."
Mr. Speaker, I believe that it would be
a step backward to make it more than
the 2 days each month we now have.
Mr. DELLENBACK. Mr. Speaker, wiU
the gentleman yield.
Mr. GERALD R. FORD. I yield to the
gentleman from Oregon.
Mr. DELLENBACK. Mr. Speaker, I ap-
preciate the gentleman yielding, and I
join with him in support of the stand
which he has taken. I regret the fact ap-
parently that today on this critically im-
portant matter, one of the most signifi-
cant things this body Is going to do, in
my opinion, there Is going to be Inade-
quate time for debate.
Instead of yielding the customary 30
minutes to the minority side so we could
at least rise in support of those points
on which our minority leader has so elo-
quently spoken, we have been informed
by the chairman of the committee we
are not going to be yielded that time,
and f^y* that reason I rise in support of
our minority leader in expressing my
opinion.
Mr. Speaker, I must stress the fact that
in our opinion the step we are about to
take is one of the most significant in
this body, and what we are going to do
• on these rules will determine what hap-
pens during the rest of this session.
Mr. Speaker, it is not only the points
on which Mr. Ford has so eloquently
spoken and on which Mr. Martin, the
gentleman from Nebraska, has so elo-
quently spoken, but it Is the other factors
which are involved in these rules. The
gentleman in the well has made mention
of the fact that everyone has had edi-
torials written and everyone has spoken
on this particular subject, and Vet there
Is no amendment in thesp rules as pro-
Dosed today that will bring up committee
meetings any more than has been the
case In the past. There Is no amendment
as the rule is before us now that will
open up debate on the floor any more
than we have It now.
There are other issues; there is the
matter of stafiSng which we devoted some
time to in the amendments of 2 years
ago. Those are closed issues if we proceed
today in this particular manner. There
was a material step forward taken on a
bipartisan basis 2 years ago. At that time
the first congressional reform bill in 25-
years was adopted by this House.
The SPEAKER. The time of the gen-
tleman from Michigan has expired.
Mr. MADDEN. Mr. Speaker, I yield 2
additional minutes to the gentleman
from Michigan (Mr. Gerald R. Ford).
Mr. GERALD R. FORD. I thank the
gentleman from Indiana for yielding,
and I yield further to the gentleman
from Oregon (Mr. Dellknback).
Mr. DELLENBACK. I thank the gen-
tleman. I will make It short.
I merely wish to say that I regret what
was a forward step 2 years ago and a
long step In the right direction but which
was only a partial step In the direction
of a revision of the rules of this House
will apparently not be continued and not
be able to be continued imder the proce-
dure which Is before us today.
There was a fine bipartisan effort made
2 years ago in which the Committee on
Rules made material contributions. I am
personally deeply regretful that It Is ap-
parently the decision of the majority and
the Committee on Rules that we are
going to be stopped dead In the water.
It should be clearly understood where
the blame lies. If we are unable to amend
the rules further today, it will not be
because the fault is on our side but be-
cause we will be stopped by the arbitrary
decision of the majority.
Mr. GERALD R. FORD. Mr. Speaker,
I yield to the gentleman from New York
(Mr. CONABLE).
Mr. CON.\BLE. I thank the gentleman .
for yielding.
I would like to ask, as this particular
proposal emerges from the Democratic
caucus, if the members of the majority
party are to be permitted to vote their
conscience on this or If there Is a unit
rule in effect. Has anything been said on
that point?
Mr. GERALD R. FORD. Not having
been at that meeting, I am not qualified
to answer the question. I just do not
know.
Mr. CONABLE. It Is obvious that we
are just spinning our wheels If ttj«re Is
any Implication of the unit rule being In
effect here. That Is what we were faced
with at the beglimlng of the last Con-
gress. It Is apparent unless the previous
question Is voted down at this point we
will be relying on the tender mercies of
the Committee on Rules hereafter for
any further consideration of ways in
which the rules of the House can be Im-
proved. Is that correct?
Mr. GERALD R. FORD. That is cor-
rect.
Mr. Du PONT. Mr. Speaker, will the
gentleman yield?
Mr. GERALD R. FORD. I yield to the
gentleman from Delaware.
Mr. DU PONT. I thank the minority
leader for yielding to me.
I would simply like to say that the
93d Congress Is not yet 3 hours old and
we are seeing a gag rule being Imposed
on even considering this question. Some
of us have requested time to speak, but
we are not even getting the 30 minutes
on this side of the aisle to which we are
entitled just to consider the question of
amending the rules.
There are raliny Members on the other
side of the aisle who came In, as I did.
In the 92d Congress at a time when the
whole question of the responsiveness of
the Congress was a big Issue. Where are
those Members today? I do not know.
Mr. MADDEN. Mr. Speaker, may I In-
quire how much time the minority has
used?
The SPEAKER. The minority has used
18 minutes.
Mr. MA1*)DEN. Mr. Speaker, I yield
19
the balance of the tlijie to the gentle-
man from Nebraska.
The SPEAKER. The] gentleman yields
12 minutes?
Mr. MADDEN. Twelve minutes to the
gentleman from Nebraska for <lebate
only. ^
Mr. MARTIN of Nebraska. Mr, Speak-
er, I yield 2 minutes to the gentleman
from lova (Mr. Gross)
Mr. GROSS. Mr. Speaker, I thank the
gentleman from Nebraska for yielding
to me. • "
I am still wondering where this out-
rageous resolution came from Did ir~
come from some caucus or from the Com-
mittee on Rules?
yiew'"? ^^^°^N- WIU the gentleman
Mr. GROSS. I yield to the gentleman.
Mr. MADDEN. This? came from the
caucus that was held Yesterday by the
Democratic side, aife It was passed I
think, practically unanimously
Mr. GROSS. Mr. Speaker. I was here
several years ago when the Committee
on Rules was packed by the Democrat
majority. It was alleged at that time that
S.I ^uJ^l"^^^^"^ ^^ P^^°«« of clear-
ing legislation through the Committee
on Rules. We were told at that tiS^ia!
everything would be lovely and the goose
would hang high if additional Democrat
Members were added to the Conunittee '
on Rules so that legislation couldbe ex!
pedited to the House floor. This would
provide a detour around the Committee
on Rules in order to bring legisSn to
S^Sure '^'*" ^^ "'°'' outrageous
I regret that there are not more of
the new Members of the House on the
iT. ^^^.^J^^oon, for they must un!
derstand that now and in the years to
come that adoption of this rule will
rise to haunt them, because they will
be confronted with legislation, as the dis-
tinguished minority leader has said that
may involve hundreds of millions, per-
haps biUions of doUars. To be confront-
ed with that kind of legislation under "
a suspension of the rules Is Intolerable
and a travesty on the orderly process
of enacting legislation.
The SPEAKER. The time of the gen-
tleman from Iowa has expired
Mr. MARTIN of Nebraska. Mr. Speak-
er. I yield 1 minute to the genUeman
from Delaware (Mr. du Pont) .
Mr. DU PONT. Mr. Speaker, I thank
the gentleman for yielding. I would sim-
ply like to take up where I left off a mo-
ment ago, and I appreciate the distin-
^shed chairman of the Committee on
Rules granting us this additional time
I would like to address myself very
briefly again to the merits of Chis mat-
ter. I think It Is a serious mistake to
consider doubling of the time under sus-
pension of the ruies. We had a situation
in the last session involving the bring-
ing up of many controversial bills under
the suspension of the rules procedure It
was not satisfactory. To double the time
under the suspension procedure W^IIi my
judgment a distinct mistake.
It also would seem to me that if we
are going to take a step like this we
should have a full opportunity to consid-
er It, and I do not believe that we can
20
t lat
do
m£
the
suggest
the
when we are confronted with this
matter under today's procedure. So, as
minority leader said. I too would
that we vote down the previous
question so that we will have an oppor-
tun :ty to consider the question at some
leng th, and to consider in depth the par-
ticu ar amendment to the rules doubling
days for suspension of the rules.
SPEAKER. The time of the gen-
tlenian has expired.
. MARTIN of Nebraska. Mr. Speak-
yield 3 minutes to the gentleman
Mirmesota (Mr. Fhenzel) .
FRENZEL. Mr. Speaker, I thank
gentleman for yielding. I would like
that I too share the extreme dis-
of seeing these rules
being presented to lis at this
timfe, and in this fashion.
^! embers of the minority have only 30
mirjutes to question and debate these
and they have no opportunity to
amdnd them \mder this "closed rule"
proi ;edure.
Tie
Mr
er.
froih
Mr
the
to
say
app jintment
cha iges
Tie
sus^nsion :
be
rul<
. I I
CONGRESSIONAL RECORD — HOUSE
January 3, 1973
rules themselves provide for an
expansion of time to handle bills under
This means more bills will
worked on under another "closed
procedure with no amendments
allc|wed-and debate limited. Under this
suspension procedure — or "closed rule"
gag rule" — the Speaker has absolute
autjiority to bring a bill before the House,
can only ask — and I expect that my
onfctituents would also want to ask —
whrre are the liberals in the House?
Wliere are their mi^velous riiles that are
to open up and make this great
be more responsive and more visible
to ttie people of this country?
answer is that they are certainly
on the Democratic side of the aisle,
here we are being asked to approve
extension of the "gag rule," for
limitations of debate. The oppor-
turlity to get a bill from the Committee
Rules will depend on the decision of
man. who will be able to bring bills
he floor of the House in what may, or
not be, the regular order. This rule
chinge would prevent amendments
thJ)Ugh the use of additional days for
suspension of the rules, which tn
lts4lf is most assuredly an extension of
"gag rule."
i dso. where are the liberal Members of
House withjespect to minority stafif-
"> Are we to continue, through these
, the rape of the Reorganization Act
1970? Originally we had thought that
would receive sufficient minority staff-
yet imder these rules we will not, not
the one-third of the minority staff-
which was supposed to be provided
uriJer the Reorganization Act.
Vhere are the liberals when It comes
opening up the visibility of this body
open meetings? They and their
are not apparent in these rules.
Speaker.
iVhere are the liberals who want to
this body in its legislative processes
liberal, and visible, and responsive?
not on that side of the aisle,
Speaker.
Vlr. Speaker. I certainly will vote
the previous question. The object
these rules is an extension of the gag
, and it Is certainly a discredit to this
Hl>use.
goiig
bocy
th
The
not
for
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grefeter
on
on(
to
mafcr
th(
lt5(
the
this
InE
rules
of
we
inc
even
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ur
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with
pr )mises
■ M'
mi ike
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Cqrtainly
M:
ae)alnst
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nle
Mr. MARTIN of Nebraska. Mr.
Speaker, I yield 1 minute to the gentle-
man from New Jersey (Mr. FRELiNGHXTir-
SEN).
Mr. FRELINGHUYSEN. Mr. Speaker,
the minority leader as well as other
Members of the minority have asked
some serious questions about the reasons
for the proposed changes in the rules.
It seems to me incumbent on the
majority to give some serious answers as
to why these changes are being proposed.
How do they feel about the advisabil-
ity of a two-thirds approval for a change
in the hour of meeting?
What is the justification for the in-
creased number of days for suspension of
the rules?
Are we going to get nothing but silence
from the majority? It seems to me, it is
high time for the Members of the major-
ity to explain their position. If they have
a position that is reasonable. I hope we
get some word of wisdom, or otherwise,
from the majority before this debate con-
cludes.
Mr. MARTIN of Nebraska. Mr. Speak-
er, I would like to ask the gentleman
from Indiana (Mr. Madden) if he would
like to take some time now since we still
have another speaker.
Mr. MADDEN. Not at this time, no.
Mr. MARTIN of Nebraska. Mr. Speak-
er, I yield 2 minutes to the gentleman
from New Hampshire (Mr. Cleveland).
(Mr. CLEVELAND asked and was
given ipermission to revise and extend
his remarks and include extraneous mat-
ter, i
Mr. CLEVELAND. Mr. Speaker, as I
previously stated during the dialog with
the minority leader, this is clearly a step
backward. To increase by 100 percent
"suspension" days is not a step forward.
It is unfortunate, as some have pointed
out, that there are so few Members on
the floor of the House while we debate
proposed changes in the rules of the
House. It is also unfortunate the press
gallery is almost empty. There certainly
was a good deal of discussion about our
rules during the recent campaign.
There is at least one aspect of this sus-
pension matter that I think the people
should be aware of.
Late in the last session we received
through the whip office a list of bills
that were available to come up imder
suspension of the rules. There were 46
biUs. I am going to offer these at this
point in the Record as it will be interest- ^
ing for scholars of the legislative process
and for the people of the fourth estate
who think that our processes need
change, to study this list of 46 bills that
were dumped on our desks with no ad-
vance notice whatsoever. Some of these
bills were of significance and importance.
H.R. 16832 had a price tag of half a bil-
lion doUars.
The list follows :
Consent Calendar Suspensions (46 Bills)
1. HJR. 16742 — Restrict Travel to Certain
Coiui tries.
2. H.R. 15276— Amend Title 18, U.S. Code.
3. HJl. 16191— Antl-Hljacklng Act of 1972.
4. H.R. 15859 — Emergency Medical Services.
5. H.R. 16832 — Omnibus Rivers and Har-
bors and Flood Control Bill.
6. H.J. Res. 1301 — Extend Certain Houslag
Programs.
7. H.R. 16732 — Small Business Investment
Act Amendments.
8. H.R. 12006 — Longshoremen's and Har-
bor Workers Compensation Act.
9. H.R. 16563 — Youth Conservation Corps.
10. S.J. Res. 247 — Extend Copyright Pro-
tection.
11. H.R. 8063 — Economic Development of
Indian Organizations.
12. H.R. 16444— Golden Gate National
Urban Recreation Area.
13. H.R. 6482 — Strip Mining Reclamation.
14. S. 3671 — Am^nd Administrative Con-
ference Act.
15. H.R. 8273 — ImmigraMon and Nationali-
ty Act Amendments (Sec. 301(b) ) .
16. H.R. 1536 — Immigration and Nationali-
ty Act Amendments (Sec. 319) .
17. S. 1943 — Rabbit Meat Inspection.
18. H.R. 7287 — Prohibit Futures Trading in
Irish Potatoes.
19. H.R. 15352 — Apple Marketing Orders.
20. H.R. 16182— Eligibility of ASC County
Committee Members.
21. H.R. 15461— tJ.S.-Mexlco Treaty Com-
pliance.
22. H.R. 15462 — International Boundary
and Water Commission Expenditures.
23. H.R. 15763— To Provide for 2 Additional
Members of the National Historical Publica-
tions Commission.
24. H.R. 15597 — Additional Acquisition,
Piscataway Park, Maryland.
25. H.R. 9859 — Cumberland Island National
Seashore. Georgia.
26. H.R. 8756 — Hohokam Pima National
Monument, Arizona.
27. H.R. 6067— Mississippi Sioux Indian
Judgment.
28. H.R. 11449 — Disclaims Interest, Antolne
Leroux Grant.
29. H.R. 9294 — Convey Title, DevUs Laktf
Sioux Reservation.
30. H.R. 10751— To Establish the Pennsyl-
vania Avenue Bicentennial Development
Corporation.
31. H.R. 15716 — To Establish Glen Canyon
National Recreation Area, Arizona and Utah.
32. HJl. 15735— Ship Transfer to City of
New York.
JiZ. H.R. 15280 — Increasing Annual Appro-
priation Authorization for NACOA.
34. HJl. 15627— Oil PoUution Act Amend-
ments of 1972.
35. HJl. 11091 — Bows and Arrows.
36. H.R. 16074 — Jellyfish Appropriation.
37. H.R. 14384 — Commercial Fisheries Re-
search and Development Act.
38. HJl. 14385 — Fishermen's Protective Act
of 1967.
39. H.R. 15718 — Sockeye Salmon Fisheries
Act of 1947.
40. H.R. 15379 — Canadian Fishing Vessels.
41. S. 1478 — Toxic Substances Control Act.
42. H.R. 14740 — Aircraft Loan Guarantees.
43. H.R. 15054— PaclUtate the Payment of
Transportation Charges.
44. H.R. 16675 — Comprehensive Alcohol
Abuse and Alcoholism Prevention.
45. HJl. 16676 — Community Mental Health
Centers Act.
46. HJl. 16883— Post-Secondary Education
Commission. ,
I think it is unfortunate^ extremely
unfortunate, that we are now going to
go into a situation where clearly the
leadership on the majority side wants to
have more suspension days, to give us
longer lists of suspension bills that can-
not be debated except for 20 minutes on
each side of the aisle and that cannot
be amended. As I pointed out during my
dialogue with the majority leader, there
is no control at all by Members of this
House as to which bills get on this list
and how they get on the list.
So far as my understanding is, a bill
will get on the list if the committee
chairman convinces the Speaker that
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
I
that is where a bill should be. If this is
democracy and if this is good legislative
process, I would like to have an answer
■ from the other side? In view of all the
discussions, about reforming our pro-
cedures— this to me is clearly a step
backward. To limit debate and prohibit
any amendment on important legislation
does not meet my standards for congres-
sional reform.
Mr. MARTIN of Nebraska. Mr. Speaker,
I yield to the gentleman from New York
(Mr. CONABLE) .
Mr. CONABLE. Mr. Speaker, some peo-
ple talk about reform, and when the
chips are down vote to backslide. Where
are the cries of outrage which liberals
level against what they generally call
an antiquated system, a system that
lacks responsiveness and is subject to
structural tyranny Here we are increas-
ing the hold of party over the will of the
majority, and at the same time doubling
the opportunity to bring bills to the floor
under what amounts to a closed rule.
That is the effect of suspensions of the
rule— no amendment, arid mighty little
debate before the ramrod is adminis-
tered.
Under the circumstances this is no way
to change the rules of the House, and no
direction in which to move. There is a
constituency for reform in this land of
our';, and this type of action, so soon
after the rhetoric of the campaign has
rung out with clarion promise, arrogant-
ly squelches this constituency here in
the House where the people must find
their remedy.
Mr. MARTIN of Nebraska. Mr.
Speaker, I yield to the gentleman from
Illinois (Mr. McClory) ,
Mr. McCLORY. Mr. Speaker, there is
great public demand for the reform of
Congress. There is substantial merit to
move for congressional reform.
It seems to me incumbent upon us to
effect as many reforms as possible. But
the adoption of this change in the rules
would be opposite to "the direction in
which we should be moVin^. I say that
because one of the reforms tha^ we
should adopt is to open op the oppor-
tunity for floor debate a^d make this
House a more open forum tb the end that
the pubUc can see and hear what we are
doing here. 1
To stifle the opportunity for open de-
bate by doubling or tripljng the num-
ber of bills which will be t)laced on the
suspension calendar — will result in lim-
iting to 40 minutes the House debate on
many important bills, andj will prevent
the House from working its will by way
of amendments to all such measures.
This, it seems to me is going backward —
it is regressing instead of going forward.
It is my hope that we can have pro-
gressive reforms in this Congress which
can contribute to bringing greater re-
spect and greater honor to this body.
Mr. MARTIN of Nebraska. Mr. Speak-
er, I yield 1^ minute to the gentleman
from Maryland (Mr. Gude) .
Mr. GUDE. Mr. Speaker, all through
my congressional campaign the question
of reforming House rules in order to
make the processes of the House more
responsive to the will of the people was
a No. 1 issue. For example, the citizenry
is most concerned that the House be able
to work its will freely without gags which
severely restrict debate on vital issues or
deny the right to offer amendments to
important bills.
Now, with the convening of Congress
we flnd emerging from the Committee
on Rules a step backward — a proposal
to double the number of days in which
legislation can be considered with a sev-
ere stricture on debate and no opportu-
nity to offer amendments. Verj' Impor-
tant conservation and budgetary mat-
ters were hurriedly considered in this
manner in the last session. Now we are
extending an Invitation for further use
of these means.
It looks like the great wave of reform
is dying on the beach with just a whim-
per. I think this is a sad day, I hope
the House will rise above what has been
mandated by the Democratic caucus and
follow the suggestion of the minority
floor leader and vote down the previous
question.
Mr, MARTIN of Nebraska. Mr. Speak-
er, I yield 1 minute to the gentleman from
Illinois 'Mr. Anderson).
Mr. ANDERSON of Illinois. Mr.
Speaker, I take this time merely to am-
plify the point made earlier by the gen-
tleman from New Hampshire . (Mr.
Cleveland) . On this list of 60 suspensions
that were presented to this body for ac-
tion in the final weeks of this past Con-
gress we did not have just minor bills
like those involving appropriations for
jellyfish. We had things like the Strip
Mining Reclamation Act, one of the most
important environmental measures to
come before the entire 92d Congress. We
had the Community Mental Health Cen-
ters Act, the Omnibus Rivers and Har-
bors and Flood Control Act, the Alcohol
Abuse and Alcoholism Prevention pro-
gram— measures involving more than $1
billion of Federal expenditures, and the
gentleman talks about his desire to have
the Congress recover and recapture con-
trol of Federal expenditures. How are we
going to do it when we slip through bills
on a Suspension Calendar of over $1 bil-
lion under a Suspension procedure where
in 40 minutes we debate the entire mat-
ter and we cannot even submit an
amendment to the bUl? I would say that
is not reform; that is retrogression of
the worst possible sort.
Mr. GROSS. Mr. Speaker, wiU the gen-
tleman yield?
Mr. ANDERSON of Illinois. I yield to
the gentleman from Iowa.
Mr. GROSS. Mr. Speaker, I am sur-
prised that the next chairman of the
Rules Committee would be responsible
for this kind of resolution.
Mr. MADDEN. Mr. Speaker, one of the
Members on the other side asked where
the liberals are. I am going to call upon
a self-confessed liberal, the majority
leader of the House, the gentleman from
Massachusetts (Mr. O'Neill), for 5
minutes.
Mr. O'NEILL. Mr. Speaker, I am truly
amazed that there is so much opposition
from the other side. I thought If there
were really going to be any debate on
this floor today, it would probably be on
the policy of the war. I did not think
we would debate a matter of this type.
We are discussing two bills. One Is
2t
whether or not we would have 2 eictra
suspension days in the month. Why did
we offer this particular rules change? We
offered it because we thought it was good
reform. This change is no secret to the
Members assembled here today. The
newspapers have been writing about it;
various organizations who want to re-
form the Congress have also been dis-
cussing the proposal. They have com-
plained because on one day we had 46
suspension bflls, which miade for a long
night session.
Is this a way to legislate? Why should
we not have quit at 8 o'clock that night
and brought up the remaining suspen-
sions the next day?
That is what we have in mind. That
is what we would like to do. We do not
want to go until 2 or 3 o'clock in the
morning.
How does a bill get on sthe Suspension
Calendar, the gentleman from New
Hampshire wants to know. I am sure the
minority leader knows. Although the
chairman of the committee goes to the
Speaker, he always clears the legislation
with the minority member of the com-
mittee.
Mr. GERALD R. FORD. Mr. Speaker,
will the gentleman yield?
Mr. O'NEILL. I yield to the gentleman
from Michigan.
Mr. GERALD R. FORD. If the chair-
man of that committee gets permission
from the Speaker to be recognized, it
does not make any difference whether
the ranking minority member or the mi-
nority leader is consulted at aU.
Mr, O'NEILL, I appreciate that, but I
will say to the gentleman, I think we
have always been extremely fair along
the line. When the majority whip orga-
nization calendar is made up, the Speak-
er inevitably says to the chairman: Is
this bill going to be a controversial mat-
ter? After all, as the gentleman from
Michigan knows, it takes a two-thirds
vote of this Congress to pass a bill on the
Suspension Calendar.
Why, if the minority member of the
committee is opposed to it, rare Is the
occasion when a suspension goes on the
calendar.
Mr. GERALD R. FORD. Mr. Speaker,
will the gentleman yield?
Mr. O'NEILL. I yield to the gentleman
from Michigan.
Mr. GERALD R. FORD. The point Is
it does not make any difference whether
the ranking minority member agiees or
disagrees. The discretion is with the
Speaker and the person that he recog-
nizes. We do not have any consideration
as to whether it goes on suspension or
does not.
Mr. O'NEILL. That is true; but we have
been exceptionally fair with the gentle-
man. We are the majority and the ma-
jority should always be able to speak up.
We are trying to give to the Members
the rights that we believe are theirs.
Many Members of the gentleman's own
party complained last September and
October because we had 46 bills on the
suspension calendar.
Members asked, "Wh>' do we have to
work so late to clean up the suspension
calendar?"
I can assure the gentleman from Mich-
22
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CONGRESSIONAL RECORD — HOUSE
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Jammry 3, 1973
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
that we will all have to work late
Congress, if we do not allow time for
calendar to go over to the next day.
GERALD R. FORD. Will my
the gentleman from Massachu-
;, yield?
. O'NEILL. I yield to the gentleman
froih Michigan.
GERALD R. FORD. Mr. Speaker,
tHink one of the objections to working
is the fact that we had 46 bills on
one day and the fact that on too
ma^iy -occasions we had adjourned early
had not worked on Fridays. If the
gentlelnan scheduled the program a little
moie evenly and if we worked Fridays
would not have to have 46 suspen-
on one day.
O'NEILL. The gentleman has been
arolmd here long enough to know that
1 he closing days of the session things
mo mt up like that. We have a suspension
caldndar primarily to dispense quickly
wit 1 noncontroversial legislation, so we
caq have additional time to take up the
i Important bills that have to come
before this Congress.
me talk about the other item for a
miiiute. I can recall not too many years
when the Speaker would get up and
, ' Is there any objection to the pro-
of the day"? And if one person
objfected we would have to have read the
Re :oRD of the previous day before it
coi Id be approved. We often wasted days
dot ig that around here. We changed the
rul ;s in the reform that came through a
001 pie of years ago and nobody had any
obj(ections. It was the correct thing to do.
majority voted for it.
have sat here Thursday after Thurs-
and watched the majority leader rise
af tfer consultation with the minority whip
. Abends) the gentleman from Illi-
nois, or somebody from the other side to
unanimous corisent that we adjourn
7 o'clock and come in at 10 o'clock,
an arbitrary Member of the House
get up and say. "I object." We
wolUd then say, "Let us see If we can tal
lim." So two or three Members on thi,
would go over to the gentleman and
, "Can't you yield?" The distinguished
mihorlty leader has seen that happen
m£ny times.
:3o what are we proposing? Instead of
rule of unanimous consent, all we are
)posing is that the time and date of our
ne tt meeting be determined by a demo-
cri tic method, by the consent of the ma-
jo] ity of the House. After the majority
lesder gets up and says, "I ask unanl-
mdus consent that when the House ad-
journs it adjourns to meet at 10 o'clock
toi norrow morning." then If there is ob-
jecjtlon he moves the proposition. If by the
jority process we agree to meet at 10
(Jlock-in the morning, I do not see how
r'one could get upset about that at all.
Hr. Speaker, I yield back the balance of
time.
VIr. MADDEN. Mr. Speaker, the Mem-
on the other side of the aisle wanted
know where the liberals were. Here is
adother self-confessed liberal. I yield to
th; gentleman from Texas (Mr. Eck-
H/RDT).
Mr. ECKHARDT. Mr. Speaker, upon
ths general proposition as to whether
CO ntroversial bills should be on the Con-
oald
sent Calendar I am a conservative, but
on the proposition of whether or not
there should be a sufBcient bracket of
time to consider whatever bills are on
the suspension calendar I am a liberal.
I had a little diEBculty with my friends
across the aisle in getting the necessary
one-third of the votes to stop a bill in
the last 6 days of the last session. It was
very controversial. I found the gentle-
man from Missouri (Mr. Hald was just
about my only friend over there on the
proposition that is now being espoused so
universally on the Republican side. It
takes x>nly just over a third of the Mem-
bers, and in many instances a good num-
ber of that third plus can be gotten from
this side. But can we not stand on the
principle at the time the particular is-
sue comes up and on both sides of this
aisle find at least a third of the Members
who will stand on principle no matter
whose ox is gored? That is the diflOfculty.
The question we are involved with is sub-
stantially procedural but we can stop a
controversial bill if there are just over a
third of the Members on both sides who
will stand for the principles that are be-
ing espoused here. I cannot see that a
basic principle is involved in merely en-
larging the bracket of time in which bills
on suspension are allowed to be consid-
ered. The real evil should be cured in
other ways.
The rules presently provide the method
of cure. The rules presently say that if
the chairman of the committee and the
Speaker wrongfully put a controversial
matter on the suspension docket, we can
stop it; we can stop it if we want to do so.
MR. GROSS. Mr. Speaker, will the
gentleman yield
Mr. ECKHARDT. I yield to the gentle-
man from Iowa.
Mr. GROSS. The gentleman has of-
fered a good many amendments to bills
in his time in Congress. Does he wish to
foreswear the opportunity to offer
amendments to important legislation on
the House floor, which he will be doing
if he votes for additiojj^ days for sus-
pension of rules? It mares no difference
what the nature of the bill, the House is
limited to 40 minutes of debate, 20 min-
utes on a side, and not a single amend-
ment can be offered. Does the gentleman
really think this is good procedure?
Mr. ECKHARDT. I feel it is good pro-
cedure if the Members of the House in
that 20 minutes discover that the matter
is controversial and-^are willing to vote
their consciences instead of their advan-
tages.
The SPEAKER .:iaTie time of the gen-
tleman from Texas has expired.
Mr. MADDEN. Mr. Speaker, one Mem-
ber on the other side of the aisle men-
tioned a ver>' sorrowful subject. He re-
gretted very much that we are not fol-
lowing congressional reform.
The next Member that I am extending
time to Is the author of the best-selling
book several years ago on congressional^
reform, the gentleman from Missouri
(Mr. BOLLING).
I yield the balance of my time to the
gentleman from Missouri.
Mr. BOLLING. I thank my chairman.
I believe I am a reformer, but^I am not
a best-selling author. k.
I am sure that it would be relatively
safe to say that if the shoe were on the
other foot, that our friends on the other
side of the aisle might well be proposing
these two controversial items and we on
this side might, in the interest of pre-
serving to the minority its greater abil-
ity to delay, might be saying essentially
what the minority is saying about these
two propositions.
I would like to have an opportunity to
make my case. These two propositions
are both liberalizing and reformist. It
clearly is not in the interest- of the House
of Representatives to leave to one Mem-
ber the decision as to the hour of meet-
ing from day to day. Anyone who has "
watched this institution for any length
of time knows that, and I have no in-
tention of talking about the history of
that particular provision in this rules
change from last year or the year before.
-> At one time it was pretty unanimously
a'yreed upon by a bipartisan group. Now,
the question of suspension is relatively as
simple. It is not a desire on the part of
the majority to impose a majority rule in
the handling of bills under suspension.
The very processes of suspension say
that we must have a 2 to 1 vote. There
is no attempt to change that.
There is no attempt to provide a proce- ,
dure which is not impossible to provide
whereby bills that would normally go un-
der suspension would go on majority
vote, as often is the case when a suspen-
sion bill is defeated.
Now, a number of my friends on the
other side who have played an honorable,
useful and helpful role in bringing about
reform of this institution have indicated
their concern that this will be the last
opportunity. I think, without speaking
out of turn, that I can assure them that
they are going to have many opportu-
nities to work in behalf of reform of this
institution. There is much that needs to
be done. It cannot be accomplished, as
these two controversial items can, by a
purely partisan majority.
I would hope that they would not
seriously contend that these two rela-
tively minor procedural amendments
constitute a stopping or a forwarding of
reform to any great measure.
Mr. Speaker, I should like to finish in
two or three more sentences.
Those are that both of these matters
have been up repeatedly. They have been
discussed frequently. They have beer; dis-
cussed at the leadership level. They have
been discussed at the rank-and-file level.
They have been discussed in the Rules
Committee. There is nothing new about
them.
I respect the views of my friends on
the other side. I respect their desire to
protect as many of their options as they
can. But no man can say that this is ret-
rogression. This provides an orderly pro-
cedure for the majority to decide when
the House will meet. It provides an ex-
tension of time so there can be more or-
derly consideration in the unusual proce-
dure of suspending the rules, which re-
quires a two-thirds vote.
I submit that this is entirely rational,
entirely timely, and has vep' little to do
with real reform, much more of which
remains needed.
Mr. COLLIER. Mr. Speaker, will the
gentleman yield?
Mr. BOLLING. I yield to the gentle-
man from Illinois.
Mr. COLLIER. I have always respected
the gentleman from Missouri for being a
man who is always candid and fair. Hav-
ing said that, does not the gentleman
agree that the present limit on the time
when suspensions may be called up do
in fact constitute a limitation on the
number of bills that can be brought up
under suspension of the rules? Contrarl-
ly, would not the adoption of this rule
tend to encourage more bills to be
brought up under suspension of the rules,
which in many cases is a wrong prac-
tice?
Mr. BOLLING. I would say to the gen-
tleman, to try to answer him honestly,
that I think the increase in the amount
of time for suspensions is thoroughly
justified simply on the basis of the in-
crease in the overall workload of the
Congress on major and minor bills since
the original rule on suspensions went in.
Mr. COLLIER. Would this not en-
courage more bills to be brought up?
Mr. BOLLING. I would hope it would
not, because I happen to believe that
one of our great dilemmas is our failure
to give adequate time to critically im-
portant bills, such as, for example, De-
fense Appropriations, while we spend in-
ordinate amounts of time on very unim-
portant bills, sometimes for objective
reasons dealing with the issue, sometimes
for nonobjective reasons dealing with the
next issue to come up.
I honestly believe that as this would
be used, and as any Speaker would use
It, it will be used nearly every time in
order to expedite the overall careful con-
sideration of important matters and the
disposal of less important matters, by a
procedure which enables one-third to
block action. It is very easy to get a vote
on a bill under suspension, to get one-
third plus one, and to knock it out. Not
much time has been wasted, and the
sense of the House has been tested.
Mr. ANDERSON of Illinois. Mr.
Speaker, will the gentleman yield?
Mr. BOLLING. I yield to my colleague
on the Rules Committee.
Mr. ANDERSON of Illinois. The gen-
tleman from Missouri knows that I re-
spect him highly. He has impressive cre-
dentials Indeed in the Congress on this
question of congressional reform, but I
have been deeply pained and, yes, sur-
prised, this afternoon to hear him be-
come an apologist for the proposed
change in the rules which would double
the amount of time during which we can
consider bills under suspension of the
rules, on the ground ihat this is going to
provide a fair and orderly way in which
to deal with legislation.
I have in my hand a suspension list for
the week of October 9. Would the gentle-
man feel, for example, that we should
give precisely the same amount of time
for consideration of a bill involving strip
mining reclamation, which is an impor-
tant measure, as we give to the consid-
eration of a bill for the Hohokan Pima
National Monument, Ariz,
It seems to me that to limip together
Indiscriminately major and minor meas-
ures is not to get to the root of the prob-
23
lem. What has happened is that the com-
mittees have not been doing their work
for the year, and when we come down to
the end of the year, we have all these
bills up together.
Are we getting to the root of the prob-
lem by doubling the number of problems
with a procedure of this kind?
Mr. BOLLING. Mr. Speaker, I should
like the opportunity to answer that ques-
tion.
Mr. ANDERSON of Illinois. I would ap-
preciate an answer.
Mr. BOLLING. Mr. Speaker, I think
the answer' Is very obvious and very
simple. Except In a rare case — and there
have been <;ases in my experience when
both parties Tiave done this — in the rare
case when itVas important to have a
political record on a bill and there was
no other way to get it than on suspen-
sion; and I have seen it done in a Repub-
lican Congress as well as in a Democratic
Congress — I believe this procedure will
be beneficial because it hews to the fun-
damental question: The degree of con-
troversialness, the degree of opposition to
a piece of legislation should have some-
thing to do with how it is considered,
and if there is major opposition to any
matter, it can be defeated on suspen-
sion, just as it can be defeated on the
unanimous-consent calendars when it is
considered to have very, very little con-
troversy and brought up again under a
rule.
So we are not talking about a final
limitation on debate; we are talking
about a process which may, if used, as I
know it will be, intelligently, provide
and will provide for the more orderly
systematic consideration and allocation
of the time of the House to the bill.
Mr. Speaker, I have nothing further
to add to this. I think this is a reasonable
approach. I could spend the afternoon
yielding time on this.
Mr. Speaker, I would like to yield to
my friend from Indiana (Mr. Dennis)
who has been seeking recognition for a
very long time.
Mr. DENNIS. Mr. Speaker, I thank the
gentleman from Missouri (Mr. Bolling)
for his courtesy in yielding.
I simply wahted to observe that it
seems to me the saddest part of my good
friend's presentation was his initial sug-
gestion that perhaps the argument would
be the other way around if the minority
and the majority were reversed.
Now, Mr. Speaker, that is an amusing
statement, and it is a good cynical, politi-
cal approach to the subject, if you like,
but I suggest to my friend, in all se-
riousness, that it just cannot be right,
regardless of who is in the minority or
who is in the majority. In a deliberative
body, to increase the time for the con-
sideration of matters, and the number of
matters which it will be possible to con-
sider, on suspension of the rules, vAih.
only 40 minutes of debate and without
the possibility of amendment; and I will
say to my friend, as far as I am person-
ally concerned, at any rate, it would not
make the slightest difference which way
the majority is, and if it were turned
around, as it will be some day, the right
would still be with those who do not thinlc
that that kind of procedure is worthy of
a deliberative body in this country.
Mr. BOLLING. Mr. Speaker, I will
respond to my friend and say that I have
had the good fortune to serve in a Con-
gress controlled by the present minority
party, and if they were ever as gentle
m their management of the House as the
Democrats consistently are, I would be
utterly startled. a^
Mr. Speaker, they believe urfca jority
i-ule, and they exercise it with great skill,
and some ruthlessness.
Mr. Speaker, I was talking from ex-
perience, I repeat to my friend from In-
diana, and I respect his view in the mat-
ter; I just disagree with it wholly and
completely.
My view Is not cynical; it Is realistic,
and it is based on the experience of seeing
a Republican Congress which was very
well managed.
Mr. Speaker, I must yield to mi' friend
from New Jersey.
Mr. FRELINGHUYSEN. Mr. Speaker.
I thank the gentleman for yielding. My
remarks will be brief.
The gentleman has made the point
earlier that one individual should not
block the will of the House with respect
to the time in which the House will meet.
I wonder how the gentleman would feel
about the alternative proposed by the
minority leader that one-third should be
able to block rather than having this a
simple majority decision.
Mr. BOLLING. Mr. Speaker, I would
be delighted to answer, and I have a very
quick answer.
On scheduling, I think the majority
should have the right to call the turn. J
vioirifS. not favor any such process in
terms of something besides scheduling.
In other words, I would not believe we
ought to have suspensions without a two-
thirds vote, but I think in setting a
schedule, the majority of the House! of
Representatives, presumably coming
from the majority, if there was a minor-
ity opposition to it, should have the right
to do so.
Mr. Speaker, I think that is normal in
perhaps everj- other parliamentary body
in the developed world except this one.
Mr. GERALD R. FORD. Will the gen-
tleman yield to me?
Mr. BOLLING. I have to yield to my
friend from Michigan. I am spending the
day yielding, but I am delighted to yield
to him.
Mr. GERALD R. FORD. First will the .
gentleman ask for general leave for all
Members to extend their remarks? I have
had several requests for that.
GENERAL LEAVE TO EXTEND
Mr. BOLLING. Mr. Speaker, I ask
unanimous consent that all Members
may have 5 days in which to extend their
remarks on this subject matter at this
point In the Record.
The SPEAKER. Is there objection to
the request of the gentleman from Mis-
souri?
There was no objection.
Mr. BOLLING. I now yield further to
the gentleman from Michigan.
Mr. GERALD R. FORD. I thank the
gentleman for yielding.
What concerns me on the time of
the House meeting Is that we have es-
tablished 12 o'clock, and now at the end
of a day when a mere handful might be
! i I
CONGRESSIONAL RECORD— HOUSE
January 3, 1973
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
25
here and many Members have left with
th; expectation that the next day will
have a 12 o'clock meeting time we will
have a mere handful stick around and
de:ide. th^t it will be 10 or 11
o'clock. I think some people ^who may
vo ;e for the previous question could very
w€ll be disappointed under these cir-
cunstances.
S/lr. BOLLING. Could I comment to
m" good friend from Michigan?
^^r. GERALD R. FORD. Surely. It is
th ; gentleman's time, and I know he will
be fair.
VIr. BOLLING. The gentleman from
M chigan is — and this is not flattery —
a /ery able floor leader. I have had the
op portunity to observe the way in which
h€ manages the problems of his party.
I lotice that he always has some com-
petent Member available right on
thiough special orders. If there is a
st ong feeling that some motion like
that will be put late in the afternoon,
th? mere threat of forcing a roUcall
wduld prevent It. My friend knows that.
ar i I do not disagree with his point, but
the protection is there. There are days
in the year when I wish we could do a
be tter Job of guarding both sides, but I
th ;nk that is a part of the responsibility
of legislators and legislative leaders, to
se; to it that adequate protection is
gi 'en to their s^ide. and I know my friend
fr )m Michigan will give it. c
dr. GERALD R. FORD. Will the gen-\
t^i man yield further?
Mr. BOLLING. I will be glad to yield.
Mr. GERALD R. FORD. The gentle-
min hEis made a good point. We are not
gc ing to be oblivious to such tactics as
th e gentleman from Missouri indicates.
Tiat will be our only protection — the
threat of a rollcall at 6:30 or 7 o'clock
in the evening.
Mr. BOLLING. Let me comment on
that. My friend knows that is not his
oriy protection.
Mr. GERALD R. FORD. It is a very
v£ lid one.
Mr. BOLLING. It is a valid one.
Mr. GERALD R. FORD. And a practi-
ce 1 one.
Mr. BOLLING. Right.
Mr. GERALD R. FORD. Which we will
have to use to protect the integrity of
th e membepship as a whple.
Mr. BOLLING. Let me comment on
th at. too. I do not know how much time
th ere is left, and I do not want the time
tc run out at the wrong time.
Mr. GERALD R. FORD. This is a very
g(od discussion.
Mr. BOLLING. I would like to point
oTit that the gentleman did the Speaker
tl e honor of introducing him and I do
n it believe he was using empty words
w len he spoke of his fairness.. The gen-
tltman and I have served the same
leagth of time here. We have had the
p' easure of serving under fair Speakers —
p ople who were fair. I cannot conceive
o: the present occupant of the Chair or
a ly other occupant of the Chair rot
biing fair in protecting minority rights.
Cin the gentleman''
Mr. GERALD R. FORD. I agree whole-
h lartedly. I said it, and I reiterate it.
T le gentleman from Missouri knows, as
d »es our Speaker, how on occasions over
tlie past several years we have literally
begged to get permission on a unani-
mous-consent basis to come in at an ear-
lier hour. I am not objecting to changing
it from unanimous consent, but I do be-
lieve that a two-thirds vote is a more
equitable, a fairer way to handle the
change in the time of meeting than a
majority vote. That is my point.
Mr. BOLLING. I repeat what I said
before but very briefly. I think in this
day a majority vote is proper so that
there could not be obstructionism.
Does my friend from New York desire
me to yield to him?
Mr. CONABLE. Yes.
Mr. BOLLING. If you have any time
left. I will be glad to yield to you.
Mr. CONABLE. WUl the gentleman
from Missouri further spell out the impli-
cations when he says that we will have
further opportunity to participate in a
review of the rules of the House?
Does the gentleman mean in the near
future? Because this seems to be a mat-
ter peculiarly subject to party control
at this point, and those of us on this side
of the aisle who are interested in this
subject would like to know what the
gentleman means about that.
Mr. BOLLING. I would say to the gen-
tleman from New York, and, of course. t»
be perfectly frank, I am not in a position
to say all that I know, but I can say
this: and that is that as far as the Demo-
crats are concerned we have postponed
in our caucus virtually all of the so-called
reforms which are, at least in part, party
matters, and some of those matters which
are not partisan matters, to a meeting
next Wednesday.
Of course I cannot tell the gentle-
man from New York what will emerge
from that caucus, but I anticipate a
series of caucuses. There are in other
places and in the hands of other people
possible propositions that will deal with
the matters that are considered impor-
tant both by Members inside the House,
and many individuals outside, that deal
with secrecy, openness, and whether the
Congress really is an equal branch. I
think all of those things will be coming
to pass. I can guarantee nothing, but
I would not stand here for a minute and
suggest to the gentleman that we are go-
ing to have a lot of reform because, as the
gentleman knows, we will all have to
work together in order to achieve the
kind of reform we all want.
Mr. CONABLE. Might I say that I hope
that it will be in a forvmi, other than in
the Democratic caucus, at which we
cannot appear, if we earnestly desire to
revive and renew the life of this insti-
tution.
Mr. BOLLING. I think already in this
institution there are two: one is the Com-
mittee on Rules from which the reform
might come, and the other Is'^he Com-
mittee on Organization, and there will
be others.
The SPEAKER. The time of the gentle-
man has expired.
Mr. FINDLEY. Mr. Speaker, I am dis-
appointed that the rules now being con-
sidered do not include budgetary reform.
Almost everyone acknowledges that
present budgetary practices are unsatis-
factory.
Almost all municipalities and business
firms — even the smallest ones — are more
businesslike.
Atjio point during the year does the
House approve a budget for the Federal
Government. It receives the President's
budget but never makes a decision on it.
Nor does it come up with its own com-
prehensive budget.
Instead it deals piecemeal through the
presently fragmented appropriations
committee process with the President's
request. This is done with little if any
reference to where the money will come
from. The President's recommendations
are divided up among the 13 appropria-
tions subcommittees, and the spending
bills come forward separately and, for
all practical purposes, independent of
each other and independent also of the
effect they will have on the balance —
or imbalance — between total receipts
and expenditures.
Periodically the House considers bills
to increase the ceiling on the public
debt. But this occurs after the spending
process has been completed, not before.
This process, so correctly described as
"hoary" and "haphazard." is one of the
main reasons why the House fails so
miserably to establish reasonable and
proper fiscal priorities for the Nation,
and why it also fails so miserably to
maintain a balance between receipts and
expenditures. As all Members know, the
Constitution conveys special responsi-
bilities on this body, as the place where
all measures to raise money and to spend
money must originate.
Because we have exercised this re-
sponsibility so poorly massive Federal
deficits pile on massive Federal deficits.
It is no wonder the President sought last
year authority to suspend and reduce
funding in order to keep total expendi-
tures under $250 billion. The Congress
refused to convey that authority to the
President and he is now engaged in par-
ing away programs within existing legis-
lation.
Frankly, it strikes me as poor policy
to grant permanently to the President
such broad authority, although in light
of the emergency I voted to give him the
power for 1 year only.
My fervent hope is that the House will
see fit this year to amend its rules to as
to correct the procedural situation, to
require a businesslike handling of the
Federal budget each year.
With that in mind, I am today intro-
ducing a House resolution establishing
rule XLV.
Here is the text of the resolution:
Resolved, That the rules of the House are
amended by adding rule XLV as follows:
"House-Authorized Federal Budgft
"1. Not later than sixty days after the
President's annual budget message has been
received at the beginning of each regular
session of the Congress, the Committee on
Appropriations Is authorized and directed to
report to tlje House a resolution containing
a House-authorized Federal budget for the
ensuing fiscal year.
"The budget shall Include:
"1. The total of estimated Federal receipts
from all sources;
"2. The maximum amotint to be provided
In oblla;ational authority In each appropria-
tion bill or resolution and In such other leg-
islative provisions of obllgatlonal authority
as may be specified, and the estimated budg-
et outlay related to each. Including those
outlays from funds provided In prior years.
"3. A table showing the relationship of
total^^stlmated receipts as shown In (1) to
the aggregate of the maximum amounts to
be provided in obllgatlonal authority and
the aggregate of the estimated budget out-
lays as shown In ( 2 ^
"When the Committee on Appropriations
has reported the House resolution adopting
such budget, it shall be In order, after the
report on the resolution has been available
to the Members of the House for at least
three calendar days (excluding Saturdays,
Sundays, and legal holidays), for the chair-
man of the Committee on Appropriations to
move to proceed to the consideration of such
resolution in the Committee of the Whole
House on the State of the Union (even
though a previous motion to the same effect
has been disagreed to) . Such motion shall
be highly prlvlledged and shall not be debat- '
able. No amendment to such motion shall be
In order and It shall not be In order to move
to reconsider the vote.
"After general debate on the resolution,
which shall not exceed ten hours, such time
to be equally divided and controlled by the
chairman and ranking minority member of
the Committee on Appropriations, the reso-
lution shall be read for amendment under
the five-minute rule. At the conclusion of
the consideration of the resolution for
amendment, the Committee of the Whole
shall rise and report the resolution back to
the House with such amendments as may
have been adopted, and the previous ques-
tion shall be considered as ordered on the
resoUitlon and amendments thereto to adop-
tion without intervening motion except one
motion to recommit.
"2. No bill or resolution carrying appro-
priations or otherwise providing obllgatlonal
authority for the present or ensuing fiscal
year shall be In order for consideration by
the House until the House-authorized Fed-
eral budget for such year has been approved,
and the resolution required by Section 4 of
this Rule has been approved.
"The report on each such bill or resolu-
tion providing obllgatlonal authority for the
present and ensuing year must Include a
statement in one of the following forms:
"First form: "The provisions of this bill
(or resolution) conform to the requirements
of the House-authorized Inderal budget for
fiscal year 19 — . The bill (or resolution) as
reported will provide $ — In obllgatlonal au-
thority, and when this amount Is deducted
the remaining balance for this bill (or reso-
lution) under the House-authorized Federal
budget Is $ — ; it is estimated that budget
outlays related to this bill (or resolution)
as reported will be $ — , and when this
amount Is deducted the remaining balance
for this bill (or resolution) under the House-
authorized Federal budget Is $ — . 'or
"Second form: 'The provisions of this bill
(or resolution) do not conform to the re-
quirements of the House-authorized Federal
budget for fiscal 19 — . As reported It will
provide $ — In obllgatlonal authority, and
when this amount Is deducted from the
amount available under the House-author-
ized Federal budget, a deficit results In the
amount of $ — ; (and/or) It Is estimated that
budget outlays for the bill (or resolution)
as reported will be $ — and when this atnount
Is deducted from the amount available un-
der the House-authorized Federal budget, a
deficit results In the amount of $ — .'
"Any blU or resolution carrying appro-
priations or otherwise providing obllgatlonal
authority whose report falls to Include a
statament In the first form, or whlth. In
Its amended form, falls to comply witjh the
requirement as stated In the first fomi, and
any amendment which causes the bill c* res-
olution to fall, to comply with the recjulre-
ment as stated in the first form, shah re-
quire in the House the approval of two-
thirds of those Members present and voting,
a quorum being present.
"3. A conference report on a bill or reso-
lution carrying appropriations or otherwise
providing obllgatlonal authority shall require
the approval sf two-thirds of those Members
present and voting, a quorum being present.
If the effect of the adoption of the re-
port would be to provide an amount in ex-
cess of that confined In the House-au-
thorized Federal jylidget for such year. Mo-
tion to dispose of amendments remaining In
disagreement following adoption of a con-
ference report on a bill or resolution carry-
ing appropriations or otherwise providing ob-
llgatlonal authority shall require the ap-
proval of two-thtrds of those Members pres-
ent and voting, a quorum being present. If
the effect of the adoption of such motion
would be to provide an aipount in excess
of that contained In the House-authorized
^deral budget for such year.
"4. Within fifteen calendar days after
adoption of the House-authorized Federal
budget, the Committee on Ways and Means
Is authorized and directed to report a reso-
lution containing recommendations as to
the levels of public debt and aggregate Fed-
eral revenues necessitated by figures on out-
lays and receipts contained In the House -
authorized Federal budget,
"When the Committee on Ways and Means
has reported to the House said resolution. It
shall be in order, after the report on the
resolution has been available to the Members
of the House for at least three calendar days
(excluding Saturdays. Sundays, and legal
holidays), for the chairman ofi the Commit-
tee on Ways and Means to move to proceed to
the consideration of such resolution In the
Committee of the Whole House on the State
of the Union (even though a previous motion
to the same effect has been disagreed to) .
Such motion shall be highly prlvlleg:^d and
shall not be debatable. No amendment to
such motion shall be In order and It shall
not be In order to move to reconsider the
vote.
"After general debate om the resolution,
which shall be limited to not to exceed six
hours, such time to be equally divided and
controlled by the chairman and ranking
minority member of the Ways and Means
Committee, the resolution shall be read for
amendment under the flve-mlnute rule. At
the conclusion of the consideration of the
resolution for amendment, tjje Committee
of the Whole shall rise and report the resolu-
tion back to the House with such amend-
ments as may have been adopted, and the
previous question shall be considered as or-
dered on the resolution and amendments
thereto to adoption without Intervening mo-
tion except one motion to recommit.
"The requirements of this rule shall not
be waived or suspended."
This bill is the culmination of a long
and arduous search to find the best way
to handling the House's budgetary re-
sponsibilities. In the 92d Congress, with
more than 30 Members as cosponsors —
Democrats as well as Republicans — simi-
lar language was introduced.
Since then a number of experts have
examined it and made suggestions.
Among them are Kermit Gordon, former
Director of the Budget and now presi-
dent of Brookings Institution, officials of
the OfBce of Management and Budget,
the Parliamentarian of the House and
his staff, as well as many Members of
the House.
I believe it is a practical forward step
that deserves early consideration by the
House. I hope the Commitlke on Rules
will soon schedule a day of hearings on It.
Under this proposal, the House could
not consider any appropriations bill or
resolution, or legislation providing obli-
gational authority until these eveaits
have occurred:'
First, the House must adopt a reso-
lution containing a budget for the ensu-
ing fiscal year. This resolution is to be
reported by the Appropriations Commit-
tee. It m^ist include the total of esti-
mated Federal receipts from all sources,
the maximum to be provided in obliga-
tional authority in each appropriation
bill or resolution, or other legislative pro-
vision of obllgatlonal authority, together
with the estimated budget outlay related
to each,* including those outlays f;rom
funds provided in prior years. "'
The resolution must also show the 're-
lationship of total receipts to the aggre-
gate of the outlay and obligational au-
thority figures.
Second, the House must adopt a reso-
lution containing recommendations as to
the levels of public debt and aggregate
Federal revenues necessitated by figures
on outlays and receipts contained in the
House-authorized Fedei^al budget. This
resolution must be reported to the House
by the Ways and Means Committee not
more than 15 days after the budget reso-
lution is adopted.
Once thi se two resolutions have been
adopted, appropriation bills and other
measures conveying obligational author-
ity would be considered In the customary
manner but one important exception.
Two- thirds affirmative vote would be
required for the House to approve any
appropriations bill, or resolution, or
other bill providing obligational author-
ity, or amendment or conference report
on such bill or resolution which exceeds
the provisions of the budget.
Would this requirement be just one
more delay in an appropriation process
that is already too slow moving?
To the contrary, it would help stream-
line procedures. Each Subcommittee of
Appropriations would know that not
later than 60 days after the President's
budget has been delivered to Capitol Hill,
it wfll be required to help draft the reso-
lution on the House approved Federal
budget. This requirement would be new
incentive to press forward and make the
hearings as complete as possible by the
time the headline arrives. Because of the
two-thirds vote requirement on overruns,
subcommittee will be unlikely to spend
much time dealing with requestc for such.
Most appropriation bills will be virtually
ready for reporting to the House by May.
In turn, the deadline will exert pressure
on the authorizing committees to com-
plete their work.
Wfll the rule produce balanced budg-
ets?
It will certainly help. The budget reso-
lution will bring together for approval
at one time expenditure Jotals and reve-
nue forecasts. If the figures are out of
balance. Members voting yes wfll be vot-
ing for an unbalanced budget. Because
this is an unappealing posture, most vrtll
be inclined to vote to keep expenditure
in line with revenue — or at least to make
the best possible legislative record In that
direction. If the figures show a balance
of revenue and expenditure, those voting
yes wfll be voting for a balanced budget.
How wfll the rule affect tax levels?
If the budget shows outlay in excess of
(
2(1
a
1- I
CONGRESSIONAL RECORD — HOUSE
January 3, 1973
retenue, the second resolution will pro-
that the difference be made up by
mfre revenue, higher level of public debt,
combination of the two. If it calls
$3 billion more in revenue, for ex-
ample, approval of the resolution with
item in it would have the effect of
dieting Ways and Means Committee
come forth with measures providing
! extra revenue.
low will the rule affect the ceiling on
pufDlic debt?
I line with the answer just above, if
second resolution calls for meeting a
buhget deficit by a $3 billion increase in
pi^lic debt, that would effectively settle
question of an increase in the debt
ing at a later date. The amount of
•ease, of course, would be determined
how close the subsequent congres-
sicjnal appropriations match the provi-
of the budget resolution, and the
accuracy of revenue forecasts.
what point would the proposal in-
ve the Senate?
i no point would the involvement be
:t. Indirectly, the effect would be
tantlal. Once the House approves
resolution on the budget, it could
consider appropriations bills. But not
II then. Once approved by the House —
majority vote, or two-thirds, as cir-
culnstances may require-^the bills would
through customary channels. If the
late should approve a bill providing
m(jre money than authorized in the
budget resolution, the conference
report could be accepted by the House
If two-thirds of those present and
voting approve.
Vhat Is the purpose of the proposed
rule':'
To
cause the House to make basic de-
ons on expenditures and revenues fcfp
ensuing fiscal year, and what to do
abtut the difference between the two
before it begins to appropriate
Under present procedures, the
never at any time approves a
budget for the Federal Government, even
the most general, tentative terms. It
re( elves the President's budget message;
sul icommlttees of the Appropriations
Cohimlttee begin to hold hearings; even-
based on these hearings, the
begins to appropriate money
Only once in recent years —
19^8 — did the House establish even an
expenditure ceiling. It deals
the question of public debt at the
end of the process — after the
mcjney has been appropriated and obli-
not before. It deals with the re-
lationship of revenue to expenditure only
those infrequent occasions when the
s and Means Committee brings for-
a bill dealing with general tax-
cis
th
ite ns
mcney.
He use
tui lly
He use
piecemeal.
19( 8— did
agi rregate
wlh
wr)ng
mcne
ga ed
on
Wiy
ard
atim.
: n House rules from 1947 to 1970 was
th(( requirement that the Congress ap-
pn ive a budget for the Federal Govem-
ment. It did not work. Does this plan
ha 76 better prospect of success?
Tes. because the differences are sub-
stantial. The old rule had a vital short-
coi ning. If had ho teeth. Failure to adopt
th( legislative budget resolution, as pro-
vie ed in the rule, did not stop the ap-
propriation process. The new proposal
r
provides that appropriation bills are not
In order until the budget resolution has
been adopted. The old rule on the legis-
lative budget had not such requirement.
The old rule produced a legislative budget
resolution only once — in 1947. and on two
subsequent years became hopelessly
mired In Senate-House conference. After
1949 no serious effort to pass a legisla-
tive budget was undertaken. The new
proposal deals only with House proce-
dures.
Would it not be better to Include the
Senate In the rule?
The Senate, of course, can adopt ex-
actly the same discipline, a new dis-
cipline or no discipline. The House need
not wait for Senate concurrence. Both
the House and Senate have their sepa-
rate responsibilities, so either body can
justify special measures of self -dis-
cipline.
Mr. MADDEN. Mr. Speaker. I move
the previous question on the resolution.
The SPEAKER. The question is on
ordering the previous question.
Mr. GERALD R. FORD. Mr. Speaker,
on that I demand the yeas and nays.
The yeas and nays were ordered.
The question was taken: and there
were— yeas 208, nays 206, not voting 17,
as follows:
[Roll No. 31
YEAS— 208
Abzu?
Aclams
-Acldabbo
-Alexander
Evans. C!olo.
Evlna, Tenn.
Fascell
Flood
Anderson, Calif. Flowers
.Anirews, N.C. Foley
Annunzlo
Ashley
Aspln
Barrett
Bennett
Berf:land
BevUl
Blaggl
Bingham
Blatnlk
Boland
Boll In?
Brademas
Brasco
Breaux
Breckinridge
Brooks
Brown, Calif.
Burke, Calif.
Biirke, Mass.
Burleson, Tex.
Burllson, Mo.
Burton
Byron
Carey. N.Y.
Carney
Casey. Tex.
Chappell
Chisholm
Clark
Clay
Gorman
Cotter
Culver
Daniels, N.J.
Danlelson
Davis. Ga.
Davis. B.C.
de la Garza
Delaney
Dellums
Denholm
Dent
Dlggs
Dlngell
Donohue
Downing
Drlnan
Dulskl
Eckhardt
Edwards, Calif.
EUberg
Ford,
William D.
rraser
FvUton
Fuqua
Gaydos
Glalmo
Gibbons
Olnn
Gonzalez
Grasso
Gray
Green. Pa.
Gunter
Haley
Hamilton
Hanley
Hanna
Hansen. Wash.
Harrington
Hawkins
Hays
Hubert
Hechler. W. Va.
Helstoskl
Hicks
Hollfleld
Holtzman
Howard
Hunerate
Ichord
Jarman
Johnson. Calif.
Jones. Okla.
Jordan
Karth
Kastenmeier
Kazen
Kluczynskl
Koch
Kyros
Landrum
Leggett
Lehman
Litton
Long. La.
Long. Md.
McCormack
McPall
McKay
McSpadden
Macdonald
Madden
Mahon
Matsunaga
MazzoU
Meeds
Melcher
Metcalfe
Mezvlnsky
Milford
Mills. Ark.
Minish
Mink
Moakley
Mollohan
Moorbead, B
Morgan
Moss
Murphy, HI.
Murphy, N.f .
Natcher
Nedzl
Nix
Obey
G'Hara
ONelU
Patman
Patten
Pepper
Perkins
Pickle
Pike
Poa^e
PodeU
Preyer
Price, ni.
Randall
Rangel
Rees
Reld
Reuss
Roberts
Rodlno
Roe
Rogers
Roncallo, Wyo.
Rooney, N.Y.
Rooney, Pa. ,
Rose I
Rosenthal I
RostenkowsKl
Roush
Roy I
Roybal
Runnels
Ryan
St Germain
Sarbanes
Schroeder
Selberllng
Stuckey
Vlgorlto
Shipley
Studds
Waldle
Slack
Sullivan
White
Smith, Iowa
Symington
Wilson,
Staggers
Taylor, N.C.
Charles H.
Stanton,
Teague, Tex.
Wolff
James V.
Thompson, N.J. Wright
Stark
Thornton
Yatron
Steed
Tlernan
Young, Ga.
Stephens
Udall
Young, Tex.
Stokes
UUman
Zablockl
Siratton
Van Deerlin
Stubbleneld
Vanlk
NAYS— 206
Abdnor
Oettys
Parrls
Anderson, ni.
Oilman
Passman
Andrews,
Goldwater
Pettis
N. Dak.
Ooodllng
Peyser
Archer
Gross
Powell
Arends
Grover
Price, Tex.
Armstrong
Gubser
Prltchard
Bafalls
Gude
Qule
Baker
Guyer
Quillen
Beard
Hammer-
Rallsback
BeU
schmldt
Ranck
Blester
Hanrahan
Regula
Bowen
Hansen, Idaho
Rhodes
Bray
Harsha
Rlegle
Brlnkley
Harvey
Rlnaldo
Broomfleld
Hastings
Robinson, Va.
Brotzman
Heckler, Mass.
Roblson. N.Y.
Brown, Mich.
Heinz
Roncallo. N.Y.
Brown, Ohio
Henderson
Rousselot
BroyhUl, N.C.
mills
Ruth
BroyhlU, Va.
Hlnshaw
Sandman
Buchanan
Hogan
Sarasln
Burgener
Holt
Satterfleld
Burke, Fla.
Horton
Baylor
Butler
Hosmer
Scherle
Camp
Huber
Schneebell
Carter
Hudnut
Sebellus
Cederberg
Hunt
Shoup
Chamberlain
Hutchinson
Shrlver
Clancy
Johnson, Colo
Shuster
Clausen,
Johnson, Pa.
Sikes
DonH.
Jones, N.C.
Skubltz
Clawson, Del
Jones, Tenn.
Snyder
Cleveland
Keating
Spence
Cochran
Kemp
Stanton.
Cohen
King
J. William
CoUler
Kuykendall
Steele
Cblllns
Landgrebe
Steelman
Conable
Latta
Stelger, Ariz.
Conlan
Lent
Stelger, Wis.
Conte
Lott
Symms
Coughlln
Lujan
Talcott
Crane
McClory
Taylor, Mo.
Cronln
McCloskey
Teague. Calif.
Daniel,
McColUster
Thomson, Wis.
Robert W.
McDade
Thone
Daniel, W. C.
McEwen
Towell
Davis, Wis.
McKlnney
Treen
Dellenback
MaUUard
Vander Jagt
Dennis
Mallary
Veysey
Derwlnskl
Mann
Waggonner
Devlne
Marazltl
Walsh
Dickinson
Martin, Nebr.
Wampler
Dorn
Martin, N C.
Ware
Duncan
Mathlas, Calif
Whltehurst
du Pont
Mathis. Ga.
Whltten
Edwards, Ala.
Mayne
WldnaU
Erlenborn
Michel
Wiggins
Esch
Miller
Williams
Eshleman
MUls, Md.
WUson, Bob
Flndley
Mlnshall
Wlnn
Fish
Mitchell, N.Y.
Wyatt
Fisher
Mlzell
Wydler
Flynt
Montgomery
Wylle
Ford, Gerald R
. Moorhead,
Wjrman
Porsythe
Calif.
Young. Fla.
Fountain
Mosher
Young, ni.
Frellnghuysen
Myers
Young, S.C.
Frenzel
Nelsen
Zlon
Frey
Nichols
Zwach
Froehllch
O'Brien
NOT VOTTNO-
-17
Ashbrook
Jones. Ala.
Slsk
BadlUo
Ketchum
Smith, N.Y.
Blackburn
Madlean
Whalen
Conyers
Mitchell, Md.
Wilson. Tex.
Green, Oreg.
Owens
Yates
Grlfflths
Ruppe
So the previous question was ordered.
Mr. LENT changed his vote from "yea"
to "nay."
Messrs. POAGE and BYRON changed
their votes from "nay" to "yea."
The result of the vote was announced
as above recorded.
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
27
I
A motion to reconsider was laid on the
table.
The SPEAKER. The question is on the
resolution.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
ANNOUNCEMENT BY THE SPEAKER
CONCERNING ELECTRONIC VOT-
ING
The SPEAKER. The Chair desires to
make a statement, and it is a statement
that Is important to all of the Members
of the House.
The Rules of the House provide for the
use of an electronic voting system which
has recently been installed in the House
Chamber. The chairman of the Commit-
tee on House Administration addressed a
letter to each Member advising the
places, dates, and times when staff per-
sonnel from the office of the Clerk and
the Committee on House Administration
would be available for preparation of
House of Representatives voter identifi-
- cation cards. The Chair urges Members
to have the cards prepared and tested
as soon as possible. Of course. It will take
a few days to complete this project.
Therefore, pursuant to the authority
cqntained in clause 5 of rule XV, the
Chair directs that until further notice
all rollcall votes and quorum calls shall
be taken by the Clerk calling the roll in
the same manner as was the practice in
the last Congress,
Members will be given sufficient notice
as to when the electronic voting system
will be activated.
COMPENSATION OF CERTAIN
MINORITY EMPLOYEES
Mr. ANDERSON of Illinois. Mr. Speak-
er, I offer a resolution (H. Res. 1) and
ask unanimous consent for Its Immediate
consideration.
The SPEAKER. Is there objection to
the request of the gentleman from Illi-
nois?
There was no oibjection.
The Clerk read the resolution, as fol-
lows :
H. Res. 7
Resolved, That pursuant to the Legislative
Pay Act of 1929, as amended, six minority
employees authorized therein shall be the
following-named persons, effective January
3, 1973. untU otherwise ordered by the House,
to-wlt: Joe Bartlett and Robert T, Hart-
mann, to receive gross compensation of $36,-
000.00 per annum, respectively; WUUam R.
Bonsell, to receive gross compensation of
$35,886.89 per annum: Tommy Lee Wlne-
brenner, to receive gross compensation of
$31,013.37 per annum; Walter P. Kennedy
(minority pair clerk), to receive gross com-
pensation of $30,820.35 per annum; and John
J. Williams (Staff Director to the Minority),
to receive gross compensation of $36,000.00
per annum.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
AUTHORIZING EXPENDITURES IN
CONNECTION WITH THE OFFICE
OF THE LATE HONORABLE HALE
BOGGS OF LOUISIANA
Mr. HUBERT. Mr. Speaker, I offer a
resolution (H. Res. 8) and ask unani-
mous consent for its immediate consid-
eration.
The SPEAKER. Is there objection to
the request of the gentleman from Loui-
siana?
There was no objection.
The Clerk read the resolution as fol-
lows:
H. Res. 8
Resolved, That there shall be paid from
the contingent fund of the House a sum
equal to the annual compensation of the
Majority Leader of the House of Representa-
tives in the 92nd Congress as a gratuity to
Corlnne 0. feoggs (Mrs. Hale Boggs) of Louisi-
ana.
Resolved, That there .shall be paid from
the contingent fund of the House, until
otherwise provided by law, such sums as may
be necessary to compensate the clerical as-
sistants designated by former Representative
Hale Boggs in the 92nd Congress and borne
upon the clerk hire pay rolls of the House of
Representatives at the close of the 92nd Con-
gress at the rates of compensation then
payable to said clnrical assistants, until a
successor is elected to fill the vacancy In the
Second Congressional District of the State of
Louisiana caused by the absence of Rep-
••esentatlve-elect Hale Boggs: Provided, that
the Clerk Is authorized to make, from time
to time, such salary adjustments as he deems
advisable with respect to all of the aforemen-
tioned employees.
Resolved, That ^ectlve January 3, 1973,
there shall be paid from the contingent fund
of the Hotise, until otherwise provided by
law, for personal services In the Office of
the Majority Leader of the House, an addl- -
tlonal sum not to exceed the minimum
monthly rate now or hereafter authorized for
Level 5 of the Executive Schedule as set forth
In Title 5, United States Code, section 5316.
Resolved. That effective January 3, 1973.
the Clerk of the House Is authorized and di-
rected to appoint James T. Nickens and Harry
D. Debuys, two clerks on the pay roll of the
Office of the Majority Leader at the crose of
the 92nd Congress, to the clerk hire pay rolls
of the House of Representatives at the rates
of compensation then payable to said cletks.
until a successor Is elected to fill the vacancy
caused by the absence of Representative-elect
Hale Boggs: Provided, that the Clerk Is au-
thorized to make, from time to time, such
salary adjustments as he deems advisable
with respect to the aforementioned two em-
ployees.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
AUTHORIZING EXPENDITURES IN
CONNECTION WITH THE OFFICE
OF THE LATE HONORABLE NICK
BEGICH
Mr. O'NEILL. Mr. Speaker. I offer a
resolution (H. Res. 9) and ask for Its im-
mediate consideration.
The Clerk read the resolution as fol-
lows :
H. Res. 9
Resolved, That there shall be jJald out of
the contingent fund of the House a sum equal
to the annual compensation of a Representa-
tive In Congress as a gratuity to Margaret J.
Beglch, widow of Nick Beglch, late a Rep-
resentative-elect from the State of Alaska.
Resolved, That there shall be paid out of
the contingent fund of the House, untU
otherwise provided by law, such sums as may
be necessary to compensate the clerical as-
sistants designated by the late Nick Beglch
and borne upon the clerk hire payrolls of
the House of Representatives at the close of
the 92d Congress at the rates of compensa-
tion then payable to said clerical assistants,
until a successor Is elected to fill the vacancy
caused by the death of the said Nick Beglch;
Provided, That the Clerk of the House is
hereby authorized to employ two additional
employees, to fill the vacancy on the st&ft of
the late Nick Beglch caused by the death of
Russell L. Brown of Alaska and to fill the
other vacancy on that staff which has oc-
curred since the death of the late Nick Be-
glch, and there shall be paid from the con-
tingent fund such additional sums as may be
required to compensate the employees so des-
ignated at a rate to be determined by the
Clerk: Provided further, that the Clerk Is
authorized to make, trom time to time, such
salary adjustments as he deems advisable
with respect to all of the aforementioned
employees.
Resolved, That there shall be paid from
the contingent fund of the House. untU a
successor Is elected to fill the vacancy caused
by the death of Representative-elect Nick
Beglch, such sums as may be required for
the Clerk of the House to:
(1) pay all necessary expenses required to
maintain In operation the three offices in the
State of Alaska, and the one office In the
District of Columbia, operated by the l|ate
Representative Nick Beglch at the close of the
92d Congress; I
(2) provide such office expenses, Includllng
telephone allowance, equipment rental, Sta-
tionery, and postage, as the Clerk deems es-
sential to the proper operation of these afore-
mentioned offices; j
(3-) pay the expenses of travel betw^n
Washington, D.C., and the State of Ala-^ka,
and within the State of Alaska, for such per-
sonnel as the Clerk may specifically deslgnjate
and authorize to travel In connection w(lth
their official duties as clerical assistants! in
the aforementioned offices.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
MESSAGE FROM THE SENATB
A message from the Senate by Mr.
Arringtori, one of its clerks, aimounced
that the Senate had passed a concurrent
resolution and sundry resolutions of the
following titles:
S. Con. Res. 1 . Concurrent resolution to
provide for the counting on January 6, 19^73,
of the electoral votes for President and Vice
President of the United States.
S. Res. 1. Resolution that a committee
consisting of two Senators be appointed |by
the Vice President to Join such committee' as
may be appointed by the House of Rept-e-
sentatlves to wait upon the President of the
United States and inform him that a quorum
of each House is assembled and that the Con-
gress Is ready to receive any communication '
he may be pleased to make.
S. Res. 2. Resolution that the Secretary
Inform the House of Representatives that a
quorum of the Senate Is assembled and that
the Senate is ready to proceed to business.
S. Res. 6. Resolution that fhe House of
Representatives be notified of the election
of the Honorable James O. Eastland, a Sen-
ator from the State of Mississippi, as Prebl-
dent of the Senate pro tempore.
28
H0UR OF MEETING OF HOUSE OF
REPRESENTATIVES
^r. MADDEN. Mr. Speaker, I offer a
res<lution (H.-Res. 10* and ask for its
imr lediate consideration.
T ne Clerk read the resolution, as fol-
low ;
R
daU
reeehtatlves
H. Res. 10
solved. That until otherwise ordered, the
• hour of meeting of the House of Rep-
shall be at 12 o'clock meridian.
itie resolution was agreed to.
motion to reconsider was laid on the
tab: e
ad: iGnistration of the oath of
OF -TCE to MRS. GREEN OF OREGON
^x. ULLMAN. Mr. Speaker, I offer a
resdution (H. Res. 11> and ask for its
imr lediate consideration.
TJiae Clerk read as follows :
W hereas
eiec
Th
l:d
sick :ies8
M ;mber
Edith Green, a Representative-
from the State of Oregon, from the
District thereof, has been unable from
to appear In person to be sworn as
if of the House, and there being no
est or question as to her election: There-
be It
R^olied, That the Speaker, or deputy
by him, be, and he Is hereby author-
to* administer the oath of office to the
Edith Green at Portland. Oregoji,
that the said oath be accepted and re-
celv-fcd by the House as the oath of office of
said Edith Green.
a J
con
fore
n&n ed
Ho.-i orable
ized
Ho.-i
and
ceU
the
TPie resolution was agreed to.
motion to reconsider was laid on the
tab e
1 I
CONGRESSIONAL RECORD — HOUSE
^
January 5, 1973
H. Res. 11
The
SPEAKER. Pursuant to the au-
thority of House Resolution 11, 93d Con-
s, the Chair appoints the Honorable
JoHn Beatty, judge of the circuit court,
fourth district, Portland, Oreg., to ad-
mii ister the oath of office to the Hon-
orable Edith Green.
COMMUNICATION FROM THE PRES-
IDENT OF THE NATIONAL ASSEM-
BLY OF TURKEY
The SPEAKER laid before the House
the following communication from the
President of the National Assembly of
Turkey :
Turkish Embassy,-
Washington, D.C., December 28, 1972,
Hon Carl Albert,
Speaker, of the House of Representatives,
Washington, D.C.
Dc.AR Mr. Spe-akeb: I have the honor to
enclose herewith the message of His Excel-
lency Sablt Osman Avci, the President of the
Natlonai Assembly of Turkey, to Your Excel-
lency, on the occasion of the death of Hia
Excellency Harry S. Truman, former Presi-
dent of the United States.
In sharing the sentiments expressed in the
message, please accept, Mr. Speaker, in behalf
of my wife and myself, our heartfelt con-
dolences.
Melih Esenbel,
I Ambassador of Turkey.
The Honorable Carl Albert,
The Speaker of the House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I am deeply grieved by
the passing away of H. E. Harry S. Truman,
the former President of the raS.A.
His efforts directed towards the establish-
ment of a sound universal peace gained him
'admiration all over the world and his name
went In history as one of the unforgettable
statesmen of all times. By means of the Tru-
man Doctrine he pioneered a new era of
friendship and alliance between Turkey and
the U.S.A.. and gained a special place In the
minds and hearts of the Turkish people.
On this sad occasion I convey, on behalf
of the members of the National Assembly of
Turkey and on my own behalf, our sincere
condolences to you, Mr. Sp>eaker, and to the
Members of the U.S. House of Representa-
tives.
Sabit Osman Avci,
President of the National Assembly of
Turkey.
AN <JOUNCEMENT BY THE SPEAKER
The SPEAKER. The Speaker, pursu-
ant to the provisions of title 2, United
Sta tes Code, section 124, and the order
of ;he House of October 18, 1972, em-
■*pov Bering him to appoint commissions,
boards, and committees authorized by
law or by the House did on November 14,
197 J, appoint the foUowliig Members
of the House of Ilepresentative» as a
committee to attend the funeral of the
lat( Frank T. Bow, of Ohio: Mr. Mc-
Cu; .LOCH. Mr. Gerald R. Ford, Mr.
O'l EiLL, Mr. Arends, Mr. ELays, Mr)v
Be: ts, Mr. Ashley, Mr. Minshall. ^
J[r. Vanik, Mr. Devink, Mr. Latta, Mr.
Asi BROOK, Mr. Clancy, Mr. Harsha, Mr.
MosHER, Mr. J. William Stanton, Mr..
Brc WN of Ohio, Mr. Miller of Ohio,'
Mr Whalen, Mr. Wylie.
Sir. Stokes, Mr.. Carney, Mr. Keating,
Mr Powell, Mr. Seiberling, Mr. James
V. Stanton, Mr. ISdonby of New York,
Mr Steed.
Mr. Jonas, Mr. Hull, Mr. McFall, Mr.
Co: rTE, Mr. Shipley, Mr. Slack, Mr. Davis
of ATLsconsin, Mr. Robinson of Virginia.
COMMUNICATION FROM THE ACT-
ING SECRETARY, DEPARTMENT OF
STATE— PROCLAMATION BY PRES-
IDENT NIXON ANNOUNCING THE
DEATH OF FORMER PRESIDENT
HARRY S TRUMAN
The SPEAKER laid before the House
the following communication from the
Acting Secretary of the Department of
State: i
I Department of State,
Washington, December 27, 1972.
Hon. Carl Albert,
Speaker of the House of Representatives.
Dear Ms. Speaker: I enclose herewith a
copy of the Proclamation by President Nixon
officially announcing the death of Harry S
Truman, former President of the United
States, which occurred In Kansas City, Mis-
souri, on Tuesday morning, December 26,
1972, at 7:50 o'clock.
Sincerely, ,,
U. Alexis Johnson,
I Acting Secretary.
AnnottNcing the Death of Harry S Truman
BY THE President of the United States
of America
a proclamation I
To the People of the United States :
It Is my sad duty to announce officially
the death of Harry S Truman, thirty-third
President of the United States, on Decem-
ber 26, 1972.
I
Throughout his long career In public serv-
ice, Harry S Truman was known as a man of
forthrlghtnesa and Integrity. He served with
distinction tn the United States Senate; and
when the death of President Franklin Delano
Roosevelt thriist him suddenly Into the i
Presidency In April of 1946 at one of the j
most critical moments of our history, he met
that moment with courage and vision. His
far-sighted leadership In the postwar era
has helped ever since to preserve peace and
freedom In the world.
Confronted during his Presidency with a
momentous serle* of challenges, his strength
and spirit proved 6qual to them all. His
fortitude never wavered, and his faith In
America never flagged.
President Truman had a deep respect for
the office he held and for the people ho
served. He gave himself unstlntlngly to the
duties of the Presidency while he held It, and
in the years afterward he honorably sup-
ported and wisely counseled each of his
successors.
The Nation to which he gave so much will
honor his memory in admiration and respect,
and the other countries for which he helped
keep freedom alive will remember his name
with gratitude.
Now, therefore. I, Richard Nixon, Presi-
dent of the United States of America, in
tribute to the memory of President Truman,
and as an expression of public sorrow, do
hereby direct that the flag of the United
States be displayed at half-staff at the Vfhlte
House and on all buildings, grounds, and
Naval vessels of the United States for a
period of thirty days from the day of his
death. I also direct that for the same length
of time the representatives of the United
States in foreign countries shall make simi-
lar arrangements for the display of the flag
at half-staff over their Embassies, Legations,
and other facilities abroad, including all
military facilities and stations.
I hereby order that suitable honors be ren-
dered by units of the Armed Forces under
orders of the Secretary of Defense on the
day of the funeral.
I do further appolnt-December 28, 1972 to
be a National Day of Mourning throughout
the United States. I recommend that the
people assemble on that day in their respec-
tive places of worship, there to pay homage
to the memory of President Truman and to
seek God's continued blessing on our land
and on His servant. I Invite the people
of the world who share our grief to Join us
In this solemn observance.
In witness whereof, I iiarve hereunto set
my hand this 26th day ai December, In the
year of our Lord nineteen hundred seventy-
two, and of the Independence of the United
States of America the one hundred ninety-
seventh.
Richard Nixon.
COMMUNICATION FROM THE CLERK
OF THE HOUSE OF REPRESENTA-
TIVES—COMMON CAUSE, JOHN W,
GARDNER AGAINST W. PATRICK
JENNINGS, CLERK OF THE U.S.
HOUSE OF REPRESENTATIVES,
AND FRANCIS VALEO, SECRETARY
OF U.S. SENATE
The SPEAKER laid before the House
the following communication from the
Clerk of the House of Representatives:
Washington, D.C,
December 14, 1972.
The Honorable Carl Albert,
The Speaker, House of Representatives.
Dear Sir: On this date I have been served
a Summons and Complaint by the United
States Marshal that was Issvied by the U.S.
District Court for the District of Columbia.
This summons and complaint is In connec-
Janimry 3, 1973
CONGRESSIONAL RECORD — HOUSE
tlon with Common Cause, John W. Gardner
V. W. Patrick Jennings, Clerk of the U.S.
House of Representatives, and Francis Valeo,
Secretary of the U.S. Senate, ClvU Action No.
2379-72 (U.S.D.C. D. D.C.) .
This action was Instituted against the
Clerk of the House as Sfipervlsory Officer un-
der the Federal Elect^bn Campaign Act of
1971, P.L. 92-225. The Summons requires an
answer to the Compleitnt within sixty days
• after service.
It Is my purpose to Inform you that In ac-
cordance with House Resolution 9 of Janu-
ary 21, 1971, I Intend to make arrangements
for my defense as provided for the Officers of
the U.S. House of Representatives under 2
U.S.C. 118. In my letter to the Attorney Gen-
?ral of the United States making such ar-
angements I am reserving my right to ap-
point co-counsel at any time for my defense
as Supervisory Officer as prescribed by House
Resolution 955 of May 3, 1972.
The Summons and Complaint in question
are herewith attached, and the matter la
presented for such action as the House In
Its wisdom may see fit to take.
Sincerely,
W. Pat Jennings,
Clerk, House of Representatives.
December 16, 1972.
Honorable Richard G. Kleindienst
Attorney General of the United States
Department of Justice
Washington, D.C. 20530
Dear Mr. Kleindienst: This refers to the
letter of the Assistant Attorney General,
Civil Division, of December 13, 1972 that en-
closed a copy of the summons and complaint
served on the Attorney General on Decem-
ber 5, 1972 In Common Cause, John W. Gard-
ner v. W. Patrick Jennings, Clerk of the U.S.
House of Representatives and Francis Valeo,
Secretary, U.S. Senate, ClvU Action No. 2379-
72 (U.S.D.C. D. D.C.) that requested In-
formation concerning representation m this
matter.
Upon receipt of the December 13,- 1972 let-
ter the Clerk of the House telephoned Com-
mon Cause and advised their counsel that
the Clerk asserts that service of a summons
and complaint on the Attorney General of
the United States does not constitute serv-
ice upon the Clerk of the U.S. House of
Representatives. The Clerk also advised
Common Cause that the matter would be
considered only after appropriate service was
accomplished as provided by law.
The purpose of this letter Is to advise you
that later that same day a U.S. Marshall
served the attached summons and complaint
In the forementloned case on the Clerk of
the House at 4:30 P.M., December 14, 1«72,
and the sixty day period for answering the
complaint begins to run from the time service
was accomplished (as stated in the Sum-
mons) upon the Clerk of the House. I am
attaching a certified copy of the Summons
and Complaint served on me by the U.S.
Marshall.
In accordance with 2 U.S.C. 118 I have sent
a certified copy of the Summons and Com-
plaint to the U.S. Attorney for the District
of Columbia requesting that he take ap-
propriate action for my defense under the
supervision and direction of the Attorney
General. In addition, I am reserving my right
to appoint at any time a co-counsel for my
defense as Supervisory Officer under the Fed-
eral Election Campaign Act of 1971 under
House Resolution 955 of May 3, 1972. I am
also sending you a copy of the letter I for-
warded this date to the U.S. Attorney.
Tour letter graciously advised that the
Clerk's "views and other assistance" were
welcome on this matter. In conformance
therewith the Clerk advUes that a prelUn-
inary draft regulation on "earmarked funds"
has been prepared and coordinated with the
other Supervisory Officers that received ten-
tative approval from them. The Clerk Is pre-
pared to meet at a mutually agreeable time
and place with representatives of the At-
torney General.
With kindest regards, I am
Sincerely,
W. Pat Jennings,
Clerk, U.S. House of Representatives.
29
December 15, 1972.
Honorable Harold H. Trrus, Jr.
United States Attorney for the District of
Columbia
United Spates Courthouse
3rd and Constitution Avenue
Washington, D.C. 20001
Dear Mr. Titus: I am sending you a cer-
tified copy of a summons and complaint In
a ClvU Action No. 2379-72 (U.SX).C. D. D.C.)
filed against W. Patrick Jennings, Clerk, U.S.
House of Representatives and Francis Valeo,
Secretary of the U.S. Senate tn the United
States District Court for the District of
Columbia and served upon me In my.officlal
capacity as Clerk of the House of Replesent-
atives by a U.S. MarshaU on December
14, 1972.
In accordance with Title 2, U.S. Code,
Sec. 118. I respectfully request that you take
appropriate action, as deemed necessary, un-
der the "supervision and direction of' the
Attorney General" of the United States In
defense of this suit against The Congress of
the United States.
Since this action was brought aaglnst me
as Clerk of the House in my capacity as Su-
pervisory Officer under the Federal Election
Campaign Act of 1971, PL. 92-225, I reserve
the right to appoint at any time a co-coun-
sel for my defense under House Resolution
955 of May 2, 1972.
I am also sending you a copy of the letter
that I forwarded this date to the Attorney
General of the United States.
With kindest regards, I am
Sincerely,
W. Pat Jennings,
Clerk, U.S. House of Representatives.
COMMUNICATION FROM THE CLERK
OF THE HOUSE OP REPRESENTA-
TIVES—THE UNITED STATES CON-
STITUTION AGAINST SPEAKER
CARL ALBERT AND THE CLERK OF
.-^THE HOUSE OF REPRESENTATIVES
The SPEAKER laid before the House
the following communication from the
Clerk of the House of Representatives:
Washington, D.C,
December 4, 1972.
Hon. Carl Albert,
The Speaker, U.S. House of Representatives.
Dear Sir: The Clerk of the House of Rep-
resentatives received on this date from the
U.S. Marshall by certified maU (No. 490074)
an unattested copy of the Summons in a
ClvU Action together with a copy of the
Complaint filed by the United States Con-
stitution represented by Mr. Victor Sharrow
V. Speaker Carl Albert, The Clerk of the
United States House of Representatives and .
others in ClvU Action File No. 72 C 4981 in
the District Court for the Southern District
of New York.
It is my purpose by this letter to Inform
you that It Is my desire to be covered In the
arrangements for defense as provided for the
Officers of the United States House of Rep-
resentatives under 2 USC 118.
The Summons does not specify how much
time the defendants have to answer the Com-
plaint. Rule 12 a of the Federal Rules of
ClvU Procedure give "an officer" of the United
States 60 days after service to file an answer
to the Complaint.
The Summons and Complaint In question
are herewith attached, and the matter is pre-
sented for such action &a the House In Ita
wisdom may see fit to take.
Sincerely, i
W. Pat Jenninqs,
Clerk, U.S. House of RepreseT\tattveai
The Speaker's Rooms,
i U.S. House of Representatu-es,
Washington, D.C, December 17, 19721
Hon. WHn-NEY North Seymour, ' ,
United States Attorney for the Southern D(»-
trict of New York, United States Court
Hou^e, Foley Square, New York, N.Y.
Dear Mr. Seymour: I am sending you" a
copy of a summons and Complaint in ClvU
Action No. 72 Civ. 4981 In the United States
District Court for the Southern District of
New York, against me in my official capacity
as Speaker of the House of Representatives
received by certified maU on November 30
1972.
The Clerk of the House, Honorable 'w. Pat
Jennings, has also received by certified mall a
copy of the summons and Complaint.
In accordance with the provisions of 2
U.S.C- 118, I respectfuUy request that you
take appropriate action, as deemed necessary,
under the supervision and direction of the
Attorney General, in defense of this suit
against the Speaker and the Clerk of the
House of Representatives. I am also sending
you a copy of the letter that I forwarded this
date to the Attorney General of the United
States. , I . I
Sincerely, '
j Carl Albert.
' The Speaker.
Thb Speaker's Rooms.
U.S. House of Representatives,
Washington, D.C, December 17, 1972.
The Honorable Richard G. Kleindienst,
Attorney General,
Department of Justice,
Washington, DC.
Dear Me. Attorney General: On Novem-
ber 30, 1972, I received by certified maU a
summons and Complaint In ClvU Action No
72 Civ. 4981 In the United States District
Court for the Southern District of New York,
against me In my official capacity as Speaker
of the House of Representatives. W. Pat Jen-
nings, Clerk of the House of Representatives,
has also received by certified maU a copy of
the summons and Complaint.
In accordance with the provisions of 2
U.S.C. 118, 1 have sent a Copy of the summons
and Complaint In this action to the U.S.
Attorney for the Southern District of New
York requesting that he take appropriate
action under the supervision and direction
of the Attorney General. I am also sending
you a copy of the letter I forwarded this date
to the U.S. Attorney.
Sincerely,
Carl Albert. i
The Speaker. ■
REPORT OF COMMITTEE TO NOTIFY
THE PRESIDENT [
Mr. O'NEILL. Mr. Speaker, your com-
mittee on the part of the House t<) join
a like committee on the part of the Sen-
ate to notify the President of the United
States that a quorum of each House has
been assembled and is ready to receive
any communication that he may be
pleased to make has performed that duty.
The President sends to the Members of
Congress his best wishes for a Happy New
Year and says from time to time he will
send messages to this body.
30
PRbVIDING
of
the
po
of
the
Sei ate
tW(
the
the
pa: b
1
P
vo
part
{t).e
by
CONGRESSIONAL RECORD — HOUSE
January 3, 1973
January 3, 1973
FOR A JOINT SESSION
rO COUNT ELECTORAL VOTES
1 [r. O'NEILL. Mr. Speaker. I call up a
Sei ate concurrent resolution (S. Con.
Re: . 1> and ask for its immediate con-
sid [ration.
1 'he Clerk read the Senate concurrent
resplution, as follows;
S. Con. Rzs. 1
Aesolved by the Senate {the House of
Representatives concurring). That the two
Houses of Congress shall meet in the Hall
t he House of Representatives on Satiirday,
6th day of January 1973, at 1 o'clock
stmerldlan. pursuant to the requirements
1 he Constitution and laws relating to the
eleijtlon of President and Vice President of
United States, and the President of the^
shall be their Presiding Officer, that'
tellers shall be previously appointed by
President of the Senat* on the part of
Senate and two by the Speaker on the
of the House of Representatives, to
whfcm shall be handed, as they are opened
by :he President of the Senate, all the certlf-
Ica es and papers purporting to be certificates
of he electoral votes, which certificates and
paf ers shall be opened, presented, and acted
up< n In the alphabetical order of the States,
bea Inning with the letter "A"; and said tell-
ers" having then read the same In the pies-
ence and hearing of the two Houses, shall
ma ce a list of the votes as they shall appear
fro n the said certificates; and the votes hav-
ing been ascertained and counted In the
mainer and according to the rules by law
prcjvlded. the result of the same shall be'
vered to the President of the Senate, who
U thereupon announce the state of the
volfc. which announcement shall be deemed
s ifflclent declaration of the persons, if any,
oleited President and Vice President of the
Un ted States, and. together with a list of
th« votes, be entered on the Journals of the
tw< I Houses.
' rhe Senate concurjent resolution was
coi icurred in.
^ mption to reconsider was laid on the
tal lie.
The SPEAKER. Pursuant to the pro-
vis Ions of Senate Concurrent Resolution
|the Chair appoints as tellers on the
of the House to count the electoral
es on January 6, 1973, the gentleman
frdm Ohio (Mi. Hays) and the gentle-
mi ji from Ohio (Mr. Devine).
AlfTHORIZING SPEAKER TO DE-
:LARE a RECESS ON SATURDAY,
JANUARY "6, 1973
^r. O'NEILL. Mr. Speaker. I ask
uranlmous consent that on Saturday,
January 6. 1973, it may be in order for
th; Sf>eaker to declare a recess at any
tine subject to the caU of the Chair.
rhe SPEAKER. Is there objection to
th; request of the gentleman from
MiLssachusetts?
rhere was no objection.
the President-elect and Vice President-elect
of the United States on the 20th dfey of
January 1973, la hereby continued and for
such purpose shall have the same power and
authority as that conferred by such Senate
Concurrent Resolution 63, of the Ninety-
second Congress.
The concurrent resolution was agreed
to.
A motion to reconsider was laid on the
table.
The SPEAKER. Pursuant to the pro-
visions of Concurrent Resolution No. 1,
93d Congress, the Chair appoints as
members of the joint committee to make
the necessary arrangements for the in-
auguration of the President-elect and
the Vice President-elect of the United
States on the 20th day of January, 1973, ,
the following Members on the part of theii
House: Mr. Gerald R. Ford of Michigan,
Mr. Carl Albert of Oklahoma, and Mr.
Thomas P. O'Neill, Jr., of Massachu-
setts. I
PRESIDENTIAL INAUGURATION
Vir. O'NEILL. Mr. Speaker, I offer a
coicurrent resolution (H. Con. Res. 1)
and ask for its immediate consideration.
H. Con. R«a. 1
ileaolved by the Hoxise of Representatives
Senate concurring) . That effective from
Jafiuary 3, 1973, the Joint committee created
Senate Concurrent Resolution 63, of the
ihety -second Congress, to make the neoes-
sa: y arrangements for the Inatiguration of
ANNOUNCEMENT BY THE SPEAKER
CONCERNING INTRODUCTION OF
BILLS
The SPEAKER. The Chair would like
to make a statement concerning the in-
troduction and reference of bills today.
This is very important.
The Members are aware that they have
the privilege today of introducing bills.
Heretofore on the opening day of the
new Congress, several thousand bills
have been introduced.
It will be readily apparent to all Mem-
bers that it may be a physical impos-
sibility for the Speaker to examine each
bill for reference today. The Ohalr wiU
do its best to refer as many bins as pos-
sible, but it will ask the indulgence of the
Members if it Is unable to refer all the
bills that may be introduced.
Those bills which are not referred and
do not appear in the Record as of today
will be included in the next day's Recokd
and printed with a date as of today.
The Chair has advised all oflBcers and
employees of the House who are involved
in the processing of bills that every bill,
resolution, memorial, petition or other
material which is placed in the hopper
must bear the signature of a Member.
Where a bill or resolution is jointly spon-
sored, the signature must be that of the
Member first named thereon.
Bill clerks are instructed to return to
the Member any bill which appears In
the hopper without an original signature.
This procedure was inaugurated in the
last Congress. It worked well. The Chair
believes it is essential to continue this
practice to insure the integrity of the
process on which legislation is introduced
in the House.
ANNOUNCEMENT BY THE SPEAKER
^ The SPEAKER. The Chair desires to
armounce that pursuant to the order of
the House of October 18, 1972, empower-
ing him to aijpoint commissions, boards,
and committees authorized by law or by
the House, he did on November 27, 1972,
pursuant to the provisions of section 301
(a) . title 3. Public Law 92-599, appoint as
members of the joint committee to re-
view operation of budget ceiling and to
recommend procedures for improving
congressional control over budgetary
outlay and receipt totals the following
members of the Committee on Ways and
Means: Mr. Ullman of Oregon; Mr.
Burke of Massachusetts; Mrs. Grif-
fiths of Michigan; Mr. Rostenkowski
of Illinois; Mr. Schneebeli of Pennsyl-
vania; Mr. Collier of Illinois; and Mr.
Broyhill of Virginia.
And the following members of the
Committee on Appropriations: Mr. Ma-
HON of Texas; Mr. Whitten of Missis-
sippi; Mr. RoONEY of New York; Mr.
SiKEs of Florida; Mr. Cederberg of
Michigan; Mr. Rhodes of Arizona; and
Mr. Davis of Wisconsin.
And the gentleman from Wisconsin
(Mr. Reuss) and "Ihe gentleman from
North Carolina (Mr. Broyhill).
And on November 27, 1972, pursuant to
the provisions of section 2, Public Law
92-500, appoint as members of the Na-
tional Study Commission imder the Fed-
eral Water Pollution Control Act Amend-
ments of 1972 the following members of
the Committee on Public Works: Mr.
Blatnik of Minnesota; Mr. Jones of
Alabama; Mr. Wright of Texas; Mr.
Harsha of Ohio; and Mr. Grover of
New York.
THE PRODUCTION OF DOCUMENTS
UNDER PRIVILEGES OF THE
HOUSE
Mr. O'NEILL. Mr. Speaker. I offer a
resolution (H. Res. 12) and ask for its
immediate consideration.
The Clerk read the resolution as fol-
lows:
H. Res. 12
Whereas, by the privileges of this House
no evidence of a documentary character un-
der the control and In the possession of the
House of Representatives can, by the man-
date of process of the ordinary courts of
Justice, be taken from such control or pos-
session except by Its permission: Therefore
be It
Resolved, That when It appears by the
order of any court In the United States or a
Judge thereof, or of any legal officer charged
with the administration of the orders of
such court or Judge, that documentary evi-
dence In the possession and under the con-
trol of the House Is needful for use In any
court of Justice or before any Judge or such
legal officer, for the promotion "of Justice,
this House will take such action thereon as
will promote the ends of Justice consistently
with the privileges and rights of this House;
be It further
Resolved, That during any recess or ad-
journment of its Ninety-third Congress, when
a subpena or other order for the production
or disclosure of Information is by the due
process of any court In the United States
served upon any Member, officer, or employee
of the House of Representatives, directing ap-
pearance as a witness before the said court
at any time and the production of certain
and sundry papers In the possession and
under the control of the House of Repre-
sentatives, that any such Member, officer, or
employee of the House, be authorized to
appear before said court at ,the place and
time named in any such subpena or order,
but no papers or documents In the {>06sea-
slon or under the control of the House of
Representatives shall be produced In re-
sponse thereto; and be It further
Resolved, That when any said court deter-
mines upon the materiality and the relevancy
of the papers or documents called for in
CONGRESSIONAL RECORD — HOUSE
the subpena or other order, then said court,
through any of Its officers or agents, shall
have full permission to attend with all proper
parties to the proceedings before said court
and at a place under the orders and control
of the House of Representatives and take
copies of the said documents or papers and
the Clerk of the House Is authorized to supply
certified copies of such documents that the
court has found to be material and relevant,
except that under no circumstances shall
any minutes or transcripts of executive ses-
sions, or any evidence of witnesses In respect
thereto, be disclosed or copied, nor shall the
possession of said documents and papers by
any Member, officer, or employee of the House
be disturbed or removed from their place
of file or custody under said Member, offi-
cer, or employee; and be it further
Resolved. That a copy of these resolutions
be transmitted by the Clerk of the House to
any of said com-ts whenever such writs of
subpena or other orders are Issued and
served as aforesaid.
The resolution was agreed to.
A motion to reconsider was laid on
the table.
DATE FOR SUBMISSION OF BUDGET
AND ECONOMIC REPORT BY
PRESIDENT OP THE UNITED
STATES
Mr. MAHON. Mr. SpeaJser, I ask unan-
imous consent for the immediate consid-
eration of a joint resolution (H.J. ^es.
1) relating to the transmission to the
Congress by the President of the budget
for fiscal year 1974 and the Economic
Report.
The Clerk read the title of the joint
resolution.
The SPEAKER. Is there objection to
the request of the gentleman from
Texas?
There was no objection.
The Clerk read the joint resolution as
follows:
H.J. Res. 1
Resolved by the Senate and House of Rep-
resentatives of the United States of Amer-
ica in Congress Assembled, That (a) not-
withstanding the provisions of section 201
of the Act of June 10, 1922, as amended (31
use 11). the President shall transmit to the
Congress not later than January 29, 1973,
the Budget for the Fiscal Year 1974; (b) not-
withstanding the provisions of section 3 of
the Act of February 20, 1946. as amended
(16 use 1022), the President shall transmit
to the Congress not later than January 31,
1973, the Economic Report; and (c) notwith-
standing the provisions of clause (3) of sec-
tion 5(b) of the Act of February 20, 1946 (15
use 1024(b)), the Joint Economic Commit-
tee shall file Its report on the President's
Economic Report with the House of Rep-
resentatives and the Senate not later than
March 10, 1973.
The joint resolution was ordered to be
engrossed and read a third time, was
read the third time, and passed, and a
motion to reconsider was laid on the
table.
MINORITY WHIP
Mr. GERALD R. FORD. Mr. Speaker,
It Is with a great deal of pride and it is
a great privilege for me to announce
that the Republican Conference this
morning unanimously elected the Hon-
orable Leslie Arends, of Illinois, as our
Republican whip in the 93d Congress.
ADDITIONAL OFFICIAL REPORTER
OP DEBATES
Mr. HAYS. Mr. Speaker, by direction
of the Committee on House Administra-
tion, I offer a resolution (H. Res. 13) on
the compensation for employment of one
additional Reporter of Debates, and ask
unanimous consent for its immediate
consideration.
The Clerk read the resolution, as fol-
lows:
H. Res. 13
Resolved, That there shaU be paid out of
the contingent fund of the House, until
otherwise provided by law, compensation for
the employment of one additional official
reporter of debates, House of Representatives,
to be appointed In the same manner, and to
receive the same rate of compensation, as
the other official reporters of debates.
The SPEAKER. Is there objection to
the request of the gentleman from Ohio?
There was no objection. f .
The resolution was agreed to.
A motion to reconsider was laid on
the table.
31
ADJOURNMENT OVER TO SATUR-
DAY, JANUARY 6. 1973
Mr. O'NEILL. Mr. Speaker, I ask
unanimous consent that when the House
adjourns today it adjourn to meet on
Saturday next.
The SPEAKER. Is there objection to
the request of the gentleman from
Massachusetts?
There was no objection.
THE LATE HONORABLE HARRY S
TRUMAN, FORMER PRESIDENT OF
THE UNITED STATES
Mr. RANDALL. Mr. Speaker. I offer
a resolution (H. Res. 14) and ask for its
immediate consideration.
The Clerk read the resolution as
follows :
H. Res. 14
Resolved, That the House has learned with
regret and profound sorrow of the death of
Harry 8 Truman, former President of the
Umted States, who as an Illustrious Mem-
ber of the Senate of the United States, Vice
President, and President gave so generously
of his energy and wisdom and contributed
so greatly to the cause of freedom.
Resolved, That the Clerk communicate
these resolutions to the Senate and transmit
a copy of the same to the family of the
deceased.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
Mr. RANDALL. Mr. Speaker, at an ap-
propriate time in the very near future
we will ask for some time here on the
floor to pay our respects to our former
President. An announcement will be
made to all Members at that time.
H. Res. 15
Resolved, That the House has heard with
profound sorrow of the death of the Honor-
able Nick Beglch. a Representative-elect from
the State of Alaska.
Resolved. That the Clark communicate
these resolutions to the Senate and transmit
a copy thereof to the famUy of the deceased.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
■^ THE LATE HONORABLE
NICK BEGICH
Mr. O'NEILL. Mr. Speaker. I offer a
resolution (H. Res. 15) and ask for its
Immediate consideration.
The Clerk read the resolution as fol-
lows:
THE LATE HONORABLE GEORGE W
COLLINS
Mr. PRICE of Illinois. Mr. Speaker I
offer a resolution (H. Res. 16) and ask for
its immediate consideration.
Th^Clerk read the resoIuUon as fol-
lows:
H. Res. 16
Resolved, That the House has heard with
profound sorrow of the death of the Honor-
able George W. Collins, a Representative from
the State of Illinois.
Resolved. That the Clerk communicate
these resolutions to the Senate and trans-
mit a copy thereof to the family of the de-
ceased.
The resolution was agreed to. I
A motion to reconsider was laid on the
table.
ADJOURNMENT
Mr. O'NEILL. Mr. Speaker, out of re-
spect to the former President of the
United States, Harry S Truman and
our deceased colleagues, I move that the
House do now adjourn.
The motion was agreed to; accordingly
(at 4 o'clock and 36 minutes p.m )
under its previous order, the House ad-
journed until Saturday. January 6, 1973
at 12 o'clock noon.
REPORTS OF COMMITTEES ON PUB-
LIC BILLS AND RESOLUTIONS
Under clause 2 of rule Xin. reports of
committees were delivered to the Clerk
for printing and reference to the proper
calendar, as follows:
(Submitted November 29, 1972)
Mr. DULSKI : Committee on Post Office and
ClvU Service. Legislative Review by the Ccwn-
mltee on Post Office and ClvU Service (Rent
No. 92-1621 ) . Referred to the Committee of
the Whole House on the State of the Union.
(Submitted December 5, 1972)
Mr. DULSKI: Committee on Post Office and
Civil Service. Report on Improved manpower
management in the Federal Qovemment
(Rept. No. 92-1622). Referred to the Com-
mittee of the Whole House on the State of
the Union.
(Submitted December IS, 1972)
Mr. PATMAN: Committee on Banking and
Currency. House Report P2-1623. Report on
activities during 92d Congress of the Com-
mittee on Banking and Currency (Rept No
92-1623). Referred to the Committee of the
Whole House on the State of the Union.
{The following reports submitted pursuant
to section 118, Public Laxc 92-136)
(December 20, 1972) '
Mr. BLATNIK: Committee on Public
Works. Report on activities during the 92d
Congress of the Committee on Public Works
(Rept. No. 92-1624). Referred to the Com-
mittee of the Whole House on the State of
the Union.
32
CONGRESSIONAL RECORD — HOUSE
January 3, 1973
{December 21. 1972)
Mr ASPINALL: Committee on Interior and
Insular Affairs. Report on activities during
92d Congress of Committee on Interior and
Insular Affairs (Kept. No. 92-1625). Referred
to the Committee of the Whole House on the
Stat« of the Union.
Mr EVINS of Tennessee : Select Committee
on Small Business. Report on activities dur-
ing the 92d Congress of the Committee on
public Works (Rept. N6. 92-1626). Referred
to the Committee of the Whole House on the
State of the Union.
(Decemter 29. 1972)
Mr HEBERT: Committee on Armed Serv-
ice's. House Report 92-1627. Report of the
activities during the 92d Congress ot tY^
committee on Armed Services of the U.S.
House of Representatives (Rept. No^ 92-
1627) Referred to Ahe Committee of the
Whole House on the State of the Union.
{January 2. 1973)
Mr MORGAN: Committee on Foreign Af-
fairs.' Legislative review activities of the
committee on Foreign Affairs during the 92d
Congress (Rept. No. 92-1628). Referred to
the Committee of the Whole House on the
State of the Union.
Mr OARMATZ: Committee on Merchant
Marine and Fisheries. Report on activities
during the 92d Congress of the Committee
on Merchant Marine and Fisheries (Rept.
No 92-1629). Referred to the Committee
of the Whole House on the State of the
Union. __, .,
Mr PERKINS: Committee on Education
and Labor. Report on activities during the
Md Congress of the ComnUttee on Educa*
tlon and Labor (Rept. No. 92-1630) . Referred
to the Committee of the Whole House on the
State of the Union.
Mr MILLS of Arkansas: Committee on
Ways and Means. Report on activities dur-
ing the 92d Congress of the Committee on
Ways and Means (Rept. No. 92-1631). Re-
ferred to the Committee of the Whole House
on the State of the Union.
(The folloicing report submitted January 2.
1973. puniuant to House Resolution 170)
Mr. STAGGERS: Committee on Interstate
and Foreign Commerce. Report on Investiga-
tions of the Committee on Interstate and
Foreign Commerce (Rept. No. 92-1632). Re-
ferred to the Committee of the Whole Hotise
on the State of the Union.
(The following reports submitted pursuant
to section 118. Public Law 92-136)
(January 2, 1973)
Mr. HOLIFIELD: Committee on Govern-
ment Operations. Report on activities durmg
the 92d Congress of the Committee on Got-
emment Operations (Rept. No. 92-1633).
Referred to the Committee of the Whole
House on the State of the Union.
Mr. STAGGERS: Committee on Interstate
and Foreign Commerce. Report on activities
during the 92d Congress of the Committee
on Interstate and Foreign Commerce (Rept.
No. 92-1634). Referred to the Committee of
the Whole House on the State of the Union.
(Submitted prior to 12 o'clock January 3,
1973)
Mr. TEAGUE of Texas : Committee on Vet-
erans' Affairs. Report on activities during
the 92d Congress of the Committee on Vet-
erana" Affairs. (Rept. No. 92-1635). Referred
to the Committee of the Whole House on the
State of the Union.
EXECUTIVE COMMUNICATIONS,
ETC.
(Pursuant to House Resolution 1171, 92d
Congress, the following executive commu-
nications were submitted)
(December 26, 1972)
2434. A letter from the Comptroller Gen-
eral of the United States, transmitting a re-
port on the financial statements of the 3t.
Lawrence Seaway Development Corporation
for the year ended December 31, 1971, pur-
suant to 31 U.S.C. 841 and 74 Stat. 101 (H.
Doc. No. 92-378); to th«< Committee on Gov-
ernment Operations and ordered to be
printed. j
(January 2, 1973) \
2435. A letter from the Comptroller Gen-
eral of the United States, transmitting a re-
port on the audit of the Federal Crop In-
surance Corporation, Department of Agri-
culture, for fiscal year 1972, pursuant to 31
U.S.C. 841 and 7 VS.C. 1513 (H. Doc. No.
92-381); to the Committee on Government
Operations and ordered to be printed.
2436. A letter from the Comptroller Gen-
eral of the United States, transmitting a re-
port on the examination of the financial
statements of the Federal Home Loan Bank
Board, the Federal home loan banks, and
the Federal Savings and Loan Insurance
Corporation for the year ended December 31,
1971, pursuant to 31 U.S.C. 53, 31 U.S.C. 67,
31 U.S.C. 850 and 857, and 12 U.S.C. 1431(J)
(H. Doc. No. 92-382); to the Committee on
Government Operations and ordered to be
printed.
2437. A letter from the Comptroller Gen-
eral of the United States, transmitting a re-
port of the audit of the Commodity Credit
Corporation, Department of Agriculture, for
fiscal year 1972, pursuant to 31 U.3.C. 841
(H. Doc. No. 92-383): to the Committee on
Government Operations and ordered to be
printed.
Under clause 2 of rule XXIV, executive
communications were taken from the
Speaker's table and referred as follows:
(Submitted January 3, 1973)
1. A communication from the President of
the United States, transmitting notice of his
determination that It is in the national In-
terest for the Export-Impwrt Bank of the
United States to guarantee. Insure, exten'
credit, and participate In the extension of
credit In connection with the purchase or
lease of any product or service by, for use In,
or for sale or lease to the Polish People's Re-
public, pursuant to 12 VS.C. 635(b)(2) of
the Export-Import Bank Act of 1945, as
amended; to the Committee on Banking and
Currency.
2. A communication from the President of
the United States, transmitting notice of his
Intention to exercise his authority under
section 614(a) of the Foreign Assistance Act
of 1961, as amended, to permit the procure-
ment of rice from outside the United States
for Laos and Cambodia without regard to the
requirements of section 604(e) of the act,
pursuant to section 652 of the act; to the
Committee on Foreign Affairs. .
3. A conmitinication from the President of
the United States, transmitting notice of his
Intention to exercise his authority under
section 614(a) of the Foreign Assistance
Act of 1961. as amended, to waive the re-
striction of section 620 (m) of the act as it
applies to the U.S. military assistance pro-
gram for fiscal year 1973 to Spain, pursuant
to section 652 of the act; to the Committee
on Foreign Affairs.
4. A communication from the President of
the United States, transmitting notice of his
Intention to exercise his authority under
section 614(a) of the Foreign Assistance Act
of 1961, as amended, to waive the restriction
of section 620 (m) of the act as It applies to
the U.S. military assistance program for fiscal
year 1973 to Portugal, pursuant to section
652 of the act; to the Committee on Foreign
Affairs.
5. A letter from the Secretary of the In-
terior, transmlttUiR the report of the Migra-
tory Bird Conservation Commission for fiscal
year 1972, pursuant to 16 U.S.C. 715b; to the
Committee on Agriculture.
6. A letter from the Secretary of Defense,
transmitting three reports of i^lolatlons of
section 3679(a), Revised Statutes, involving
expenditures or obligations In excess of ap-
propriations or apportionments, pursuant
to section 3679(1) (2), Revised Statutes (31
U.S.C. 665(1) (2)); to the Committee on
Appropriations.
7. A letter from the Secretary of Health,
Education, and Welfare, transmitting a re-
port of a violation of section 3679, Revised
Statutes, involving overobligations of the ap-
propriations for "Departmental manage-
ment," pursuant to 31 U.S.C. 665(1) (2); to
the Committee on Appropriations.
8. A letter from the Deputy Director,' Office
of Management and Budget, Executive Office
of the President, transmitting a report that
the appropriation to the Department of Jus-
tice for "Fees and expenses of witnesses" for
fiscal year 1973, has been apportioned on a
basis which indicates the necessity for a sup-
plemental estimate of appropriation, pursu-
ant to 31 U.S.C. 665; to the Committee on
Appropriations.
9. A letter from the Deputy Director, Office
of Management and Budget, Executive Office
of the President, transmitting a report that
the appropriation to the Department of Jus-
tice for "Support of U.S. prisoners" for fiscal
year 1973, has been apportioned on a basis
which Indicates the necessity for a supple-
mental estimate of appropriation, pursuant
to 31 U.S.C. 665; to the Committee on Appro-
priations.
10. A letter from the Deputy Director, Office
of Management and Budget, Executive Office
of the President, transmitting a report that
the appropriation to the Veterans' Adminis-
tration for "Readjustment benefits" for fiscal
year 1973, has been apportioned on a basis
which Indicates the necessity for a supple-
mental estimate of appropriation, pursuant
to 31 U.S.C. 665: to the Committee on Appro-
priations.
11. A letter from the Assistant Administra-
tor, Agency for International Development,
partment of State, transmitting a report
of architectural and engineering fees exceed-
ing $25,000, covering the 6 months ended
December 31, 1971, pursuant to section 102
of the Foreign Assistance and Related Pro-
grams Appropriations Act (82 Stat. 1139); to
the Committee on Appropriations.
12. A letter from the Assistant Secretary of
Defense (Comptroller) , transmitting a report
covering the period January 1 through June
30, 1972, that no use was made of foreign
currencies to make payments under contracts
In a foreign coruntry, pursuant to section 737
of Public Law 92-204 and section 109 of Pub-
lic Law 92-160; to the Committee on Appro-
priations.
13. A letter from the Assistant Secretary of
Defense (Comptroller) , trahsmlttlng a report
of receipts and disbursements pertaining to
the disposal of surplus mllit£iry supplies and
for expenses Involving the production of
lumber and timber products, for the fourth
quarter of fiscal year 1972, pursuant to sec-
tion 712, Public Law 92-204; to the Commit-
tee on Appropriations.
14. A letter from the Assistant Secretary of
Defense (Comptroller) , transmitting a report
on support furnished to the Vietnamese,
other free world forces In Vietnam, and sup-
port of local forces in Laos and Thailand,
for the fourth quarter of fiscal year 1972,
pursuant to section 738(b) of Public Law 92-
204; to the Committee on Appropriations.
15. A letter from the Assistant Secretary of
Defense (Comptroller), transmitting a report
of support furnished to the Vietnamese and
other free world forces In Vietnam, and sup-
port of local forces in Laos, for the first quar-
ter of fiscal year 1973, pursuant to section
737(b) of Public Law 92-570; to the Commit-
tee on Appropriations.
16. A letter from the Assistant Secretary of
the Interior, transmitting certification that
an adequate soil survey and land classifica-
tion has been made of the lands, in the
Narrows unit (including the central Colorado
Conservancy District) , South Platte Division,
Pick-Sloan Missouri Basin program, Colo-
rado, pursuant to Public Law 172, 83d Con-
gress; to the Committee on Appropriations.
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
17. A letter from the Assistant Secretary
of the Interior, transmitting certification
that an adequate soil survey has been made
of the lands In the Pajoaque unit, San Juan-
Cliama project. New Mexico, piu-suant to
Public Law 172, 83d Congress; to the Com-
mittee on Appropriations.
18. A letter from the Chairman, Atomic
Energy Commission, transmitting a report of
an overobligatlon In an Atomic Energy Com-
mission allotment account (Division of Bio-
medical and Environmental Research), pur-
suant to section 3679 of the Revised Statutes,
as amended; to the Committee on Appro-
priations.
19. A letter from the Chairman, Atomic
Energy Commission, transmitting a report of
an overobligatlon In an Atomic Energy Com-
mission allotment account (Nevada Opera-
tions Office) , pursuant to section 3679 of the
Revised Statutes, as amended; to the Com-
mittee on Appropriations.
20. A letter from the Director, Office of
Emergency Preparedness. Executive Office of
the President, transmitting the semiannual
report on the strategic and critical materials
stockpiling program for the period January 1
to June 30, 1972, pursuant to section 4, Puh-
lic Law 520, 79th Congress; to the Committee
on Armed Services.
21. A letter from the Assistant Secretary
of State for Congressional Relations, trans-
mitting a report showing the Laos assistance-
related funds expended during the first q'uar-
ter of the fiscal year beginning July 1. 1972,
pursuant to section 602, Public Law 92-436;
to tlie Committee on Armed Services.
22. A letter from the Assistant Secretary of
Defense (Comptroller) , transmitting a report
of contract award dates (weapon systems)
for the period November 15, 1972, to February
15. 1973, pt-.rsuant to section 506, Public Law
P2-156: to the Committee on Armei Services.
23. A letter from the Deputy Assistant Sec-
retary of Defense (Installations and Hous-
ing), transmitting reports of military con-
struction projects placed under contract In
fiscal year 1972 in which it was necessary to
exceed the amount authorized by more than
25 percent or to reduce the project scope in
order to award within the authorization
amount, pursuant to section 703(d), Public
Law 92-145: to the Committee on Armed
Services.
24. A letter from the Deputy Assistant Sec-
retary of Defense (Installations and Hous-
ing), transmitting notification of 32 con-
struction projects proposed to be undertaken
for the Armv National Guard pursuant to
10 U.S.C. 2233a(l); to the Committee on
Armed Services.
25. A letter from the Deputy Assistant Sec-
retary of Defense (Installations and Hous-
ing), transmitting notification of 32 facilities
projects proposed to be undertaken for Army
Reserve, pursuant to 10 U.S.C. 2233a(l); to
the Committee on Armed Sen-Ices.
26. A letter from the Deputy Assistant Sec-
retary of Defense (Installations and Hous-
ing), transmitting notice of various con-
struction projects proposed to be undertaken
for the .^rmy Reserve, pursuant to 10 U.S.C.
2233a < 1 ); to the Committee on Armed Serv-
ices.
27. A letter from the Deputv Assistant
Secretary of Defense (Installations and Hous-
ing), tran.';mlttlng notification of 17 con-
struction project.- proposed to be undertaken
for the Air National Guard, pursuant to 10
U.S.C. 2233a(l): to the Committee on Armed
Services.
23. A letter from the Deputv Assistant
Secretary of Defense (Installations and Hous-
ing), transmitting notification of 17 facili-
ties projects proposed to be undertaken for
the Air Force Reserve, pursuant to 10 U.S.C.
2233a(l): to the Committee on Armed Serv-
ices.
29. A letter from the Deputy Assistant
Secretary of Defense (Manpower and Reserve
Affairs) , transmitting a report for fiscal year
CXIX 3— Part 1
1972 of certain employees of the Department
of Defense presently or formerly employed
by certain defense contractors, pursuant to
section 410(d) of Public Law 91-121; to the
Committee on Armed Services.
30. A letter from the Director, Defense Civil
Preparedness Agency, transmitting a report
*n property acquisitions of emergency sup-
plies and equipment covering the quarter
ended September 30, 1972, pursuant to sec-
tion 201(h) of the Federal Civil Defense Act
of 1950, as amended (50 U.S.C. App. 2281 (h) ) ;
to the Committee on Armed Services.
31. A letter from the Acting Director, De-
fense Civil Preparedness Agency, transmit-
ting a report covering the quarter ended
September 30, 1972, on financial contribu-
tions to States for clvU defense equipment
and facilities, pursuant to section 201(1) of
the Federal Civil Defense Act of 1950, as
amended (50 U.S.C. App. 2281(1)); to the
Committee on Armed Services.
32. A letter from the Secretary of the Army,
transmitting reports of the number of officers
on duty with Headquarters. Department of
the Army and detailed to the Army General
Staff on September 30. 1972, pursuant to 10
U.S.C. 3031(c); to the Committee on Armed
Services.
33. A letter from the Acting Secretary of
the Air Force, transmitting a report of officers
on flying status above the grade of ma lor as
of October 31. 1972. pursuant to 37 U.S.C.
301 1 g) : to the Committee on Armed Services.
34. A letter from the Acting Chief of Legis-
lative Affairs, Department ofthe Navy, trans-
mitting notice of the proposed donation of
three surplus steam locomotives, pursuant to
10 use. 7545; to the Committee on Armed
Services.
35. A letter from the Assistant Secretary of
Transportation for Administration, trans-
mitting a list of the purchases and contracts
made by the U.S. Coast Guard for research
and national defense during the period April
1 through September 30. 1972, pursuant to 10
U.S.C. 2304(p); to the Committee on Armed
Services.
36. A letter from the Commandant, U.S.
Coast Guard. Department of Transportation,
transmitting certification of the nurnber of
officers above the grade of lieutenant com-
mander, or equivalent, entitled to receive
flight pay for the preceding 6-manth period
pursuant to 37 U.S.C. 301(g): to the Com-
mittee on Armed Services.
37. A letter from the adjutant general
Veterans of Foreign Wars of the United
States, transmitting a report of the audit of
the financial statements of the organization
for fiscal year 1972. pursuant to Public Law
630. 74th Congress: to the Committee on
Armed Services.
38. A letter from the Director, Office of
Emergency Preparedness. Executive Office of
the President, transmitting notice of a delay
in the submission of reports and recom-
mendations of the President concerning
disaster relief legislation required by sec-
tions 3 and 5 of Public Law 92-385; to the
Committee on Banking and Currency.
39. A letter from the Director. Office of
Emergency Preparedness, Executive Office of
the President, transmitting a report of a
comprehensive review of the Federal disaster
program, pursuant to section 3 of Public Law
92-385; to the Conmilttee on Banking and
Currency.
40. A letter from the Director, Office of
Emergency Preparedness, Executive Office of
the President, transmitting a report on bor-
rowing authority under the Defense Produc-
tion Act of 1950, as amended, for the period
ended June 30, 1972, pursuant to section
304(b) of the act; to the Committee on
Banking and Currency.
41. A letter from the Attorney General
transmitting a report on voluntary agree-
ments and programs, pursuant to section
708(e) of the Defense Production Act of 1950
as amended (50 U.S.C. App. 2158, note); to
the Committee on Banking and Currency.
; 42. A letter from the Attorney General,
transmitting a report for fiscal vear 1972
on the enforcement of title 11 of "the Con-
sumer Credit Protection Act (extortionate
credit transactions), pursuant to the act;
to the Committee on Banking and Currency.
43. A letter from the Assistant Secretary
of Defense (Installations and Logistics),
transmitting a report of Department of De-
fense procurement from small and other
business firms for the period July- August
1972, pursuant to section 10(d) of the Small
Business Act. as amended, (16 VS.C. 639
(d)); to the Committee on Banking and
Currency.
44. A letter from the Assistant Secretary
of Defense (Installations and Logistics),
transmitting a report of Department of De-
fense procurement from small and other
business firms for the period Julv-Septem-
ber 1972, pursuant to section 10(d) of the
Small Business Act. as amended, (J5 U.S.C.
639(d) ); to the Committee on Banking and
Currency.
45. A letter from the Secretary of Com-
merce, transmitting the 101st quarterly re-
port on export control, covering the third
quarter of 1972, pursuant to 50 U.S.C. App.
2409; to the Committee on Banking and
Currency. '^
46. A letter from the Comptroller of the
Currency, Treasury Department, transmit-
ting the 1971 Annual Report of the Coftip-
troller of the Currency, pursuant to section
333, Revised Statutes; to the Committee on
Banking ^nd Currency.
47. A letter from the Chairman. Cost Ac-
counting Standards Board, transmitting a
copy Df proposed standards, rules, and regu-
lations promulgated by the Board, pursuant
to section 719(h) (3) of the Defense Produc-
tlo:i Act, as amended by Public Law 91-379;
to the Committee on Banking and Currency.
48. A letter from the Chairman, National
Advisory Council on International Monetary
and Financial Policies, transmitting the
CouncU's annual report, pursuant to section
4(b) of the Bretton Woods Agreements Act;
to the Committee on Banking and Currency
and ordered to be printed.
49. A letter from the Commissioner of the
District of Columbia, transmitting a sched-
ule of reports that will be transmitted In ac-
cordance with section 1-238 of the District
of Columbia Code; to the Committee on the
District of Columbia.
50. A letter from the Chairman, City Coun-
cil of the District of Columbia, transmitting
a report of the activities of the City Council
for the period February 190B, through June
1970, pursuant to section 402(10) of Reorga-
nization Plan No. 3 of 1967; to the Committee
on the District of Columbia.
51. A letter from the Chairman, Cltv Coun-
cil of the District of Columbia, transmitting
a report of the activities of the Cltv Council
for the period July 1, 1970, through June 30,
1971, pursuant to section 402(10) of Reorga-
nization Plan No. 3 of 1967: to the Committee
on the District of Columbia.
52 A letter from the Chairman, blty Coun-
cil of the District of Columbia, transmitting
a report of the activities of the City Council
for the period July 1, 1971, through June 30
1972, pursuant to section 402(10) of the Re-
organization Plan No, 3 of 1967; to the Com-
mittee on tl^ District of Coiumbia.
53. A letter from the Chairman. District
of Columbia Redevelopment Land Agency,
transmitting the annual report of the Dis-
trict of Columbia Redevelopment Land
Agency for the fiscal year ending June 30,
1971, pursuant to section 15, Public Law 592,
79th Congress; to the Committee on the Dis-
trict of Columbia.
54. A letter from the vice president and
general manager, C. & P. Telephone Co.,
transmitting a statement of receipts and ex-
penditures of the Company for 1972 pur-
suant to 33 Stat. 375; to the Committee on
the District of Columbia.
55. A letter from the Secretary of Health,
\
u
: Iducatlon. and Wellare. transmitting »ie
I nnual report of the National Center for
1 )eaf-BUnd Youths and Adults for fiscal year
972, pursuant to section 16^c) (2) of the
' Vocational Rehabilitation Act; to the Com-
1 nittee on Education and Labor.
56. A letter from the Secretary of Health.
Sducatfon, and Welfare, transmitting the
hird annual report of Gallaudet College,
I oncerning the establishment and operation
I (f the Model Secondary School for the Deaf
or fiscal year 1972, pursuant to section 4ic)
lif Public Law 89-694; to the Committee on
education and Labor.
57. A letter from the Assistant Secretary of
State for Congressional Relations, transmlt-
ing copies of 27 International agreements.
w.her than , treaties, entered into between
lugust 22 and October 25. 1972, pursuant to
^ubllc Law 62-403; to the Committee on
foreign Afjalrs.
58. A letter from the Assistant Secretary of
State for Congressional Relations, transmlt-
Ing copies of 16 International agreements, ■
)ther than treaties, entered Into in Septem-
jer and October of 1972. pursuant to Public
..aw 92^03; to thei Committee on Foreign
\fralrs.
59. A letter from the Assistant Secretary
)f State for Congressional Relations, trai.s-
mitiing a copy of an International agreement.
>ther than a treaty, with Colombia, pursuant
:o Public Law 92^03; to the Committee on
Foreign Affairs,
60 A letter from the Assistant Secretary
[or Congressional Relations. Department of
State, transmitting copies ol si.x interna-
Uoual agreements, other than treaties, en-
tered into daring October and November
1972, pursuant to Public Law 92-403; to the
O'ommUlee on Foreign Affairs.
61. A letter !rom the Assistant Legal Ad-
tiser for Treat> Affairs. Department of State,
transmitting copies of various International
agreements, other than treaties, entered into
during October. November, and December
1972. pursuant to Public Law 92-403; to the
[Committee on Foreign Affairs
62 A letter from the Assistant Legal Ad-
viser for Treaty Arfairs. Departnieiit of State,
transmitting copies of various international
agreements other than treaties, pursuant to
Public Law 92-403; to the Committee on
Fc reign Affairs.
63 A letter from the Assistant Secretary
of State for Congressional Relations, trans-
nuttnig copies of the Presidential determin-
ation waiving the requirement of section
620(in) of the Foreign Assistance Act of 1971
and authorizing military assistance to Spain
In fiscal year 1973, to the Committee on For-
eign Affairs.
64 A letter from the Assistant Secretary of
State for Congressional Relations, transmit-
ting a copy of the Presidential determination
waiving the requirement of secrion 620(m)
of the Foreign Assistance Act of 1971 and
assistance to Portugal In fiscal year 1973; to
th« Committee on Foreign Affairs.
65. A letter from the Asslstaiit Secretary of
State for Congressional Relations, transmit-
ting a copy of Presidential Determination
No. 73-5, furnishing sophl.stlcated weaptns
systems to various countries in fiscal vear
1973, pursuant to section 504(ai of the For-
eign Assistance Act of 1961 as amended; to
th° Committee on Foreign Affairs.
65 A letter from the Assistant Secretary of
State for Congressional Relations, transmit-
ting copies of the determination of the
Secretary of State that assistance to Chile
under the Foreign Assistance Act of 1961, as
amended. Is In the national interest of the
United States, pursuant to 620(q) of the
act to the Committee on Foreign Affairs.
67 A letter from the Assistant Secretary
of State for Congressional Relations, trans-
mitting a report on exports of significant de-
fense aj-tlcles on the U.S. munitions list, cov-
ering the period January -June 1971, pursu-
ant to Public Law 90-629; to the Committee
on Foreign Affairs.
I ■ ! •
CONGRESSIONAL RECORD — HOUSE
January 3, 1973
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
68. A letter f/om the Acting Assistant Sec-
retary- of State for Congressional Relations,
transmitting a report on deliveries of excess
defense articles during the fourth quarter
of fiscal year 1972, listing the value of the
articles at acquisition cost and at the time
of delivery, pursuant to section 8(d) of the
Foreign Military Sales Act, as amended; to
the Committee on Foreign Affairs.
69. A letter from the Assistant Secretary
of State for Congressional Relations, trans-
mitting a report showing the Cambodian
assistance-related funds obligated during the
firsf quarter of the fiscal year beglnnimg
July 1, 1972. pursuant to section 655(f i . Pub-
lic Law; 92-226; to the Committee on Foreign
Affairs. •
70. A letter from the Acting Assistant Sec-
retary of State for Congressional Relations,
transmitting a report on the proposed co-
assembly, coproductlon of military equip-
ment in the Republic of China, pursuant to
section 42(b) of the Foreign Military Salesf
Act, as amended (22 U.S.C. 279(b)); to the
Committee on Foreign Affairs.
"71. A letter from the Director. Office of
Legislative Affairs. Agency for International
Development. Department of State, trans-
mitting copies of determinations of the Sec-
retary of State numbered 72-2 and 72-3, pur-
suant to section 620(b) of the Foreign Assist-
ance Act of 1961, as amended; to the Com-
mittee on Foreign Affairs.
72. A letter from the Director. Office of
Legislative Affairs, Agency for International
Development, Department of State, trans-
mitting a copy of a Presidential determina-
tion for offshore procurement of rice for Laos
and Cambodia without regard to the provi-
sions of section 604(e) of the Foreign Assist-
ance Act of 1961, as amended: to the Com-
mittee on Foreign Affairs.
73. A letter from the Director, Office of
Legislative Affairs. Agency for International
Development. Department of State, trans-
mitting a report on the programing and obli-
gation of contingency funds, covering the
quarter ended June 30. 1972. pursuant to
section 451(b) of the Foreign Assistance
Act of 1961. as amended; to the Committee
on Foreign Affairs.
74. A letter from the Director, Office of
Legislative Affairs. Agency for International
Development. Department of State, trans-
mitting a report on food supplies and popu-
lation growth In less-developed countries,
pursuant to title XI of the Foreign Assistance
Act of 1961. as amended; to the Committee
on Foreign Affairs.
76. A letter from the Secretary, Export-Im-
port Bank of the United States, transmitting
a report on the amount of Export-Import
loans, Insurance, and guarantees Issued In
the period July 1972, throtigh September
1972, in connection with U.S. exports to
Yugoslavia and Rumania, pursuant to the
Export-Import Bank Act of 1945. as amended;
to the Committee on Foreign Affairs.
76. A letter from the Chairman, U.S.
Advisory Commission on International Edu-
cational and Cultural Affairs, transmlt-
tmg the ninth annual report of the Com-
mission, pursuant to Public Law 87-256; to
the Committee on Foreign Affairs and or-
dered to be printed.
77. A letter from the Secretary of the
Treasury, transmitting the combined state-
ment of receipts, expendltvires, and balances
of the U.S. Government for fiscal year 1972.
pursuant to 31 US C. 66b and 1029; to the
Committee on Government Operations.
78. A letter from the Assistant Secretary
of Defense (Comptroller), transmitting the
annual report of the Department of Deflense
on the disposal of foreign excess personal
property, covering fiscal year 1972, pursuant
to section 404(d). Public Law 152. 81st Con-
gress; to the Committee on Government Op-
erations.
79. A letter from the Secretary of Health,
Education, and Welfare, transmitting a nega-
tive report covering the disposal of excess
property in foreign countries for calendar
year 1972. pursuant to the Federal Property
and Administrative Services Act of 1949; to
the Committee on Government Operations.
80. A letter from the Chairman. Commis-
sion of Government Procurement, transmit-
ting the report of the Commission, pursuant
to Public Laws 91-129 and 92-47; to the
Committee on Government Operations.
81. A letter from the Chairman, Committee
for Purchase of Proc^ucts and Services of the
Blind and Other Severely Handicapped, trans-
mitting the annual report of the activities
of the committee during fiscal year 1972, pur-
suant to section KM, Public Law 92-28; to
the Committee on Government Operations,
82. A letter from the Clerk, US. House of
Representatives, transmitting a list of re-
ports which it Is the duty of any officer
or department to make to Congress, pursuant
to rule III. clause 2, of the Rules of the
House of Representatives; to the Committee
on House Administration and ordered to be
printed.
83. A letter from the Secretary of the In-
terior, transmitting the seventh annual re-
port on the minerals exploration assistance
program, pursuant to 30 U.S.C. 641-646; to
the Committee on Interior and Insular Af-
fairs.
84. A letter from tne Secretary of the In-
terior, transmitting descriptions of eight
projects selected for funding through grants,
contracts, and matching or other arrange-
ments with education Institutions, private
foundations or other Institutions and with
private firms, pursuant to section 200(b)
of the Water Resources Research Act of
1964; to the Committee on Interior and
Insular Affairs,
85. A letter from the Secretary of the In-
terior, transmitting a report of the location,
size, and values of lands withdrawn In the
State of Alaska, covering the period June 18
through December 17, 1972. pursuant to sec-
tion 17(d) (2) (A) of the Alaska Native Claims
Settlement Act of 1971 (BSStat. 688); to the
Committee on Interior and Insular Affairs.
86. A letter from the Assistant Secretary
of the Interior, transmitting a copy of a
proposed concession contract for the provi-
sion of accommodations, facilities, and serv-
ices for the public at the Searchlight Ferry
Site in Lake Mead National Recreation Area,
Nev., for a period of approximately 20 years,
through December 31. 1991, pursuant to CI
Stat. 271 and 70 Stat. 543; to the Committee
on Interior and Insular Affairs.
87. A letter from the Acting Assistant Sec-
retary of the Interior, transmitting a copy
of a proposed concession contract to provide
an automobile service station and mer-
chandise facilities and services for the public
within Natchez Trace Parkway, Miss.,
through December 31, 1977, pursuant to 67
Stat. 271 and 70 Stat. 543; to the Committee
on Interior and Insular Affairs.
88. A letter from the Deputy Assistant Sec-
retary of the Interior, transmitting a cop>*of ^
a proposed concession contract to provide
food and beverage services for the public at
Drakes Bay within Point Reyes National Sea-
shore, Calif., through December 31, 1982,
putsuant to 67 Stat. 271 and 70 Stat. 543;
to the Committee on Interior and Insular
Affairs,
89. A letter from the Deputy Assistant Sec-
retary of the Interior, transmitting a copy
of a proposed amendment to the concession
contract for the operation of golf courses and
provision of related faculties and services for
the public In areas administered by the Na-
tional Capital Parks, extending It for a term
of 2 years through December 31. 1973. pursu-
ant to 67 Stat. 271 and 70 Stat, 543; to the
Committee on Interior and Insular Affairs.
90. A letter from the Chairman, Indian
Claims Commission, transmitting a report
of the final determination of the Commission
in Docket No. 47-B The Yakima Tribe, Plain-
35
-I
tiff, V. The United States of America, De-
fendant, pursuant to 25 VS.C. 70t; to the
Committee on Interior and Insular Affairs.
91. A letter from thd^hairman. Indian
Claims Commission, transmitting a report ol
the final determination of the Commission
In Docket No. 285. The Native Village of Una-
lakleet, et al.. Plaintiffs, v. The United States
of America, Defendant, pursuant to 25 U.S.C.
70t; to the Committee on Interior and In-
sular Affairs.
92. A letter from the Chairman, Indian
Claims Commission, transmitting a report of
the final determination of the Commission
In Docket No. 286, the Native Village of
Shungnak, et al.. Plaintiffs v. the United
States of America, Defendant, pursuant to 25
U.S.C. 70t; to the Committee on Interior and
Insular Affairs.
93. A letter from the Chairman, Indian
Claims Commission, transmitting a report of
tl.e final dcterml.iatlon of the Commission In
Docket No. 237, the Nisgah Tribe, ex rel.. Wtl-
lunn S. Sutton as representative, Plaintiff v.
the United States of America, Defendant,
pursuant to 25 U.S.C. 70t; to the Committee
on Interior and Insular Affairs.
94. A letter from the Chairman, Indian
Claims Commission, transmitting a report of
the final determination of the Commission In
Docket No. 323, the Ponca Tribe of Indians
of Oklahoma. William Overland, Martha Col-
lins, and John''^'iUiams, as representatives of
the Ponca Tribe and all of the members
thereof. Plaintiff v. the United States of
America, Defendant, pursuant to 25 U.S.C.
70t; to the Committee on Interior and In-
sular Affairs.
95. A letter from the Chairman. Advisory
Council on Historic Preservation, trans-
mitting the Council's comments on the pro-
posed disposition cf parcel 8 of the Newbury-
port. Mass. Central Business Urban Renewal
Project Area to a private developer, pursuant
to 16 U.S.C. 470j(b); to the Committee on
Interior and Insular Affairs.
96. A letter from the Secretary of Health.
Education, and Welfare, transmitting a re-
port on a systematic analysis of health care
in the United States, pursuant to Public Law
91-515; to the Committee on Interstate and
Foreign Commerce.
97. A letter from the Secretary of Trans-
portation, transmitting the annual report on
the administration of the Alaska Railroad,
pursuant to 43 U.S.C. 975g; to the Com-
mittee on Interstate and Foreign Commerce.
98. A letter from the Executive Director,
Federal Communications Commission, trans-
mitting a report on the backlog of pending
applications and hearing cases In the Com-
mission as of September 31, 1972. pursuant
to section 5(e) of the Communications Act.
as amended; to the Committee on Interstate
and Foreign Commerce,
99. A letter from the Executive Director,
Federal Communications Commission, trans-
mitting a report on the backlog of pending
applications and hearing cases In the Com-
mission as of October 31, 1972, pursuant to
section 5(e) of the Communications Act. as
amended? to the Committee on Interstate
and Foreign Commerce,
100. A letter from the Chairman, Federal
Power Commission, transmitting a report
showing the permits and licenses for hydro-
electric projects Issued by the Commission
during fiscal year 1972; financial statements
of proceeds derived from licenses issued by
authority of the Federal Power Act; and the
names and compensation of persons em-
ployed by the Commission during the period,
all pursuant to 16 U,S.C. 797(d) (section
4(d) of the Federal Power Act) ; to the Com-
mittee on Interstate and Foreign Commerce.
101. A letter from the Chairman. Federal
Power Commission, transmitting a copy of
the publication. "Hydroelectric Plant Con-
Power Commission, transmitting a copy .of
the publication "Steam-Electric Plant Con-
struction Cost and Annual Production Ex-
penses, 1970"; to the Committee on Interstate
and Foreign Commerce.
103. A letter from the Chairman, Federal
Power Commission, transmitting a copy of
the publication, "Statistics of Interstate
Natural Gas Pipeline Companies, 1971"; to
the Committee on Interstate and Foreign
Commerce.
104. A letter from the Chairman, Federal
Power Commission, transmitting a copy of
the map, "Major Natural Gas Pipelines, June
30. 1972"; to the Committee on Interstate
and Foreign Commerce.
105. A letter from the Vice President for
Public Affairs, National Railroad Passenger
Corporation, transmitting a financial report
of the Corporation covering the month of
July 1972, pursuant to section 308(a)(1) of
the Railroad Passenger Service Act of 1970,
as amended; to the Committee on Interstate
and Foreign Commerce.
106. A letter from the Vice President for
Public Affairs, National Railroad Passenger
Corporation, transmitting a financial report
of the Corporation covering the month of
August 1972, pursuant to sectlpn 308(a)(1)
of the Railroad Passenger Service Act of 1970,
as amended; to the Committee on Interstate
and Foreign Commerce.
107. A letter from the Vice President for
Public Affairs. National Railroad Passenger
Corporation, transmitting a financial report
of the Corporation covering the month of
September 1972. pursuant to section 308(a)
( 1 1 of the Railroad Passenger Service Act of
1970, as amended: to the Committee on
Interstate and Foreign Commerce.
108 A letter from the Vice President for
Public Affairs. National Railroad Passenger
Corporation, transmitting a report on the
average number of passengers and the on-
time performance of each train dperated by
Amtrak. covering the month of October 1972.
pursuant to section 308(a) (2) of the Rail
Passenger Service Act of 1970 as amended: to
the Committee on Interstate and Foreign
Commerce.
109. A letter from the Vice President for
Public Affairs. National Railroad Passenger
Corporation, transmitting a report on the
average number of passengers and the on-
time performance of each train operated by
Amtrak. covering the month of November
1972. pursuant to section 308(a) 12) of the
Rail Passenger Service Act of 1970 as
amended: to the Committee on Interstate
and Foreign Commerce.
110. A letter from the President. National
Academy of Sciences, transmitting notice of
a 30-day delay In submission of the report
on motor-vehicle emissions pursuant to 42
U.S.C. 1857 f-1 (c)(3); to the Committee on
Interstate and Foreign Commerce.
111. A letter from the Chairman, National
Commission on Marihuana and Drug Abuse,
transmitting an Interim report of the Com-
mission, pursuant to Public Law 91-513: to
the Committee ou Interstate and Foreign
Commerce.
112. A letter from the Deputy Assistant
Secretary. Management and Budget. Depart-
ment of Interior, transmitting a report on
receipts and expenditures of the Department
of the Interior in connection with the ad-
ministration of the Outer Continental Shelf
Lands Act of 1953. pursuant to (43 U.S.C.
1331. et seq.): to the Committee on the
Judiciary.
113. A letter from the Commissioner. Im-
migration and Naturalization Service. U.S.
Department of Justice, transmitting reports
concerning visa petitions approved accord-
ing certain beneficiaries third and sixth
preference classification, pursuant to sec-
tion 204(d) of the Immigration and Nation.
Btructlon Cost and Annual Production E%s^ allty Act, as amended; to the Committee
penses, 1970"; to the Committee on Inter- "^^ the Judiciary.
state and Foreign Commerce, 114. a letter from the Coffimlssloner, Im-
102. A letter from the Chairman, Federal mlgrat!*tt-.^d Naturalization Service, U.S.
Department of Justice, trarusmitting reports
concerning visa petitions approved accord-
ing certain beneficiaries tiiLrd and sixth
preference classification, pursuant to sec-
tion 204(d) of the Immigration and Na-
tionality Act, as amended; to the Commit-
tee on the Judiciary.
115. A letter from the Commissioner, Im-
migration and Naturalization Service, U.S.
Department of Justice, transmitting copies
of orders entered In the cases of certain
aliens found admissible to the United States,
pursuant to section 212(a) (28) (I) (11) of the
Immigration and Nationality Act; to the
Committee on the Judiciary,
116. A letter from the Commissioner. Im-
migration and Naturalliatlon Service. US.
Department of Justice, transmitting copies
of orders entered In the cases of certain
aliens found admissible to the United States,
pursuant to section 212ia) (28) (I) ( 11) of
the Immigration and Nationality Act; to the
Committee on the Judiciary.
117. A letter from the Commissioner. Im-
migration and Naturalization Service. U.S.
Department of Justice, transmitting copies
of orders entered In cases In which the au-
thority contained In section 212(d)(3) of
the Immigration and Nationality Act was
exercised In behalf of certain aliens, to-
gether with a list of the persons involved,
pursuant to section 212(d)(6) of the act;
to the Committee on the Judiciary.
118. A letter from the Commissioner, Im-
migration and Naturalization Service. United
States Department of Justice, transmitting
copies of orders entered in cases In which
the authority contained In section 212(d) (3)
of the Immigration and Nationality Act was
exercised In behalf of certain aliens, together
with a list of the persons Involved, pursuant
to section 212(d) (6) of the act; to the Com-
mittee on the Judiciary.
119. A letter from the corporation agent.
Legion of Valor of the United States of
America, Inc.. transmitting the financial
statement of the Legion of Valor of the
United States of America for the fiscal vear
ending July 31, 1972. pursuant to section 14
(b) of Public Law 84-224; tq the Committee
on the Judiciary. i
120. A letter from the national adjutant
paymaster. Marine Corps League, transmit-
ting the annual report of the League; to the
Committee on the Judiciary.
121. A letter from the executive director.
Military Chaplains Association of the United
States of America, transmitting the audit of
the Association for 1971; to the Committee
on the Judiciary.
122. A letter from the national quartermas-
ter. Veterans of World War I of the U.S.A.,
Inc.. transmitting the financial report of the
organization as of Septemt)€r 30, 1972, and
the proceedings of the national convention
held 'n September 1972. pursuant to sections
15 and 16 of Public Law 85-530; to the Com-
mittee on the Judiciary and ordered to be
printed.
123. A letter from the Assistant Secretary of
Agriculture for Administration, transmitting
the annual report on scientific and profes-
sional positions established In the Depart-
ment, pursuant to 5 U.S.C. 3104: to the Com-
mittee on Post Office and Civil Service.
124. A letter from the Director of Person-
nel. Department of tJommerce. transmitting
a report of scientific and professional posi-
tions established in the Department, pur-
suant to 5 use. 3104(c): to the Comml'tee
on Post Office and Civil Service.
125. A letter from the Director. US Arms
Control and Disarmament Agency, transmit-
ting a report for calendar year 1972 on scien-
tific or professional positions authorized for
establishment in the Agency, pursuant to 5
U.S.C. 3104(c): to the Committee on Post
Office and Civil Service.
126. A letter from the Chairman. U.S. ClvU
Service Commission, transmitting the 50th
annual report of the Board of- Actuaries of
"36
the
Ing
834
Civ
i;
Go^Je^nc^s.
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E
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CONGRESSIONAL RECORD — HOUSE
January 3, 1973
Civil Service Retirement System, cover-
fiscal year 1970. pursuant to 5 U.S.C.
(f I : t3 the Committee on Post Office and
I Service and ordered to be printed. »
T. A letter from the Chairman, Board of
U.S. Postal Service, transmitting
first annual report of the Postal Service,
to the Postal Reorganization Act;
he Committee on Post OfRce and Civil
ice.
!8 A letter from the Secretary of the
transmitting a report of the District
ineer. New York District, and letters from
Chief of Engineers, Department oi the
y. and from the Office of Management
Budget, on the collection and removal
Irift in New York Harbor, pursuant to
ions of the Senate and House of Repre-
atives Public Works Committees; to the
imtttee on Public Works.
!9 A letter from the Acting Administra-
of Ge^ieral Services, transmitting pros-
-.ises proposing the alteration of three
buildings In New York, N.Y., and In
i;gton. DC pursuant to section 7a of
Public Buildings Act of 1953. as amended
Stat. 480); to the Committee on Public
ks
A letter from the Actinc Administrator
lenera; Services, transmittine a prospec-
■ proposing the construction of Social
irity Admir.lstration Payment Centers in
Sa:i Francisco Bay Area, Calif.: Chicago.
and Philadelphia Pa., pursuant to the
Buildings Amendments of 1972 (86
219): to the ComAlttee on Public
s. ,
A letter Jrom the Chairman, Tennessee
y Authority, transmitting the 39th An-
Reoort of Tennessee Valley Authority
to 16 use. S31h: to the Committee
Public Works.
;2. A totter from the Administrator. Na-
al Aeronautics and Space Administration,
.smltrlng aVepcrt of contracts negotiated
he National Aeronautics and Space Ad-
istratlon under 10 U.S.C. 2304(a) (11) and
(research and national defense i for the
January* 1. to June 30. 1972. nursuant
0 U.S.C. 2304(e); to the Committee on
nc; and Astronautics.
A letter from the Administrator. Na-
Aeronautlcs and Space Admlnlstra-
transmltting a list of the present and
1 ner NASA employees who have filed re-
s with NASA pertaining to thQir NASA
aerospace related industry employment
fiscal vear ended June 30. 1972, pursuant
ctlon 6 of P\iblic La* 91^119, as amended
lectlon 7 of Public Law 91-303; to the
on Science and Astronautics.
A letter from the Administrator. Na-
al Aeronautics and Space Administration,
ting a report on the proposed repro-
of $8.8 million within the "Con-
of facilities" funds authorized and
for fiscal years 1972 and 1973 to
flport the space shuttle program, pursuant
lection 3 of the National Aeronautics and
Administration Authorization Acts,
(85 Stat. 176) and 1973 (86 Stat. 160);
the Committee on Science and Astro-
ics.
A letter from the Secretary of the
transmitting the annual report on
state of the finances of the Federal Gov-
for fiscal year 1972, pursuant to 31
C. 1027; to the Committee on Ways and
and ordered to be prVnted.
36. A letter from the Secretary, Health,
ion. and Welfare, transmitting the
annual report on medicare, covering the
■s operation during fiscal year 1971,
to section 1875(b) of the Social
iirlty Act, as amended: to the Committee
Ways and. Means, and ordered to be
with illustrations.
37. A letter frcfti the Secretary, Health,
and Wef are, transmitting a nega-
report concerning grants approved by
Secretary which are financed wholly with
Ifl
V.-\l
nus
pursuant
on
1
tio!
era!
by
mil
(16
perjod
to
,Sci
113
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tlOT
for
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atu
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' str icted
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135.
Tr< asun-
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Vi
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Se
on
pf; nted
37. A
Ed aCation.
tiv;
th
Federal funds, covering the period July 1-'
September 30. 1972, pursuant to 42 U.S.C.
1320(b); to the Committee on Ways andj
Means. *
Received Prom the Comptroller General
138. A letter from the Comptroller Generall
of the United States, transmitting the sixth
report on the audit of payments from the
special bailk account of the Lockheed Aircraft
Corp. for the C-5 aircraft program, covering
the quarter ended September 30, 1972. pur-
suant to Public Laws 91^41 and 92-156;
to the Committee on Armed Services.
139. A letter from the Comptroller General
of the United States, transmitting a list o(
reports Issued by the General Accounting
Office In October 1972. pursuant to section
234. Public Law 91-510; to the Committee oh
Government Operations.
140. A letter from the Comptroller Generall
of the United States, transmitting a list Of
.reports Issued by the General Accduntlng
Office In November 1972. pursuant to sectlop
234. Public Law 91-510; to the Committee op
Government Operations. j
141. A letter from the Comptroller Generil
of the United States, trausnilttlng a report
entitled "Training America's Labor Force;
Potential, Progress, and Problems of Voca-
tional Education," Department of Health,
Education, and Welfare; to the Committee on
Governmeqt Operations.
142. A letter from the Comptroller Geneital
of the United States, transmitting a repdrt
on opportunities to reduce costs in acquiring
properties resulting from defaults on home
loans insured by the Department of Housing
and Urban Development or financed or guar-
antee! by ths Veterans' Administration; to
the Committee on Government Operations.
143. A letter from the Comptroller General
of the United States, transmitting a report
on efforts to prevent heroin from illicitly
reaching the United States by the Bureau of
Narcotics and Dangerous Drugs. Department
of Jiistlce. and by the Department of Stajte;
to the Committee o:i Government Operations.
144. A letter from the Comptroller General
of the United States, transmitting a repwrt
on the need for substantial improvements In
commercial offices abroad to assist U.S. ex-
port objectives. Department of State and
Commerce: to the Committee on Government
Operations. /
145. A letter from the Comptroller General
of the United States, transmitting a report
on the need for Federal agencies to Improve ,
solid waste management practices; to the
Committee on Government Operations.
146. A letter from the Comptroller General
cf the United States, transmitting a report
on the Improvement needed in payroll op-
erations of the District of Columbia govern-
ment; to the Committee on Government
Operations.
147. A letter from the Comptroller Gen-
eral of the United States, transmitting a
report on the achievements, cost, and ad-
ministration of the ocean sediment caring
program. National Science Foundation; to
the Committee on Government Operations)
148. A letter from the Comptroller Gerf-
eral of the United States, transmitting a
report on fundamental changes needed for
the Federal Communications Commission trf
achieve eirectlve enforcement of radio com-
munication regulations: to the Committee
on Government Operations.
14D. A letter from the Comptroller Cen-
cral of the United States, transmitting a re-
port on the budgetary and fiscal Information
needs of the Congress to Incorporate addi-
tional needs and clarification of some needs
based on comments received from committees
and Members of Congress; to the Committee
on Government Operations.
150. A letter from the Comptroller Gen-
eral of the United States, transmitting a
report on ways to increase Department of
Commerce field office contributions to export
expansion efforts; to the Committee on Gov-
ernment Operations.
151. A letter from the Comptroller Gen-
eral of the United States, transmitting a
report on the need to improve the Environ-
mental Protection Agency's administration
of the water pollution research, development,
and demonstration program; to the Com-
mittee on Government Operations.
152. A letter from the Comptroller General
of the United States, transmitting a report
on financial progress and problems of the
Southwestern Federal Power System, Depart-
ments of the Interior and Army; to the Com-
mittee on Government Operations.
153. A letter from the Comptroller General
of the United States, transmitting a report
on the opportunity for reducing Interest
costs under the sections 235 and 236 housing
programs. Department of Housing and Urban
Development; to the Committee on Govern-
ment Operations.
154. A letter from the Comptroller General
of the United States, transmitting a report
on the unauthorized use of funds for con-
struction and alteration of public buildings
by the National Institutes of Health. De-
partment of Health. Education, and Welfare;
to the Committee on Government Operations.
155. A letter from the Comptroller General
of the United States, transmitting a report
of the administration by the Bureau of
Reclamation, Department of the Interior, of
the provision of reclamation law limiting the
use of water from Federal water resouices
projects to 160 acres of irritable land of any
one landowner; to the Committee on Govern-
ment Operations.
156. A letter from the Comptroller General
of the United Slates, transmitting the first
report on the implementation of the Emer-
gency Loan Guarantee Act administered by
the Emergency Loan Guarantee Board; to
the Committee on Government Operations.
157. A letter from the Comptroller General
of the United States, transmitting a report
on efforts of the Bureau of Customs, Depart-
ment of the Treasury, to intercept heroin
entering New York City; to the Committee
on Government Operations.
153. A letter from the Comptroller General
of the United States, transmitting a report
on U.S. programs in the Republic of Zaire
(formerly the Democratic Republic of the
Congo) ; to the Committee on Government
Operations. ^
159. A letter from the Comptroller General
of the United States, transmitting a report
on the management of the Atomic Energy
Commission's controlled thermonuclear re-
search program; to the Committee on Gov-
ernment Operations.
160. A letter from the Comptroller General
of the United States, transmitting a report
on how the administration of contract studies
could be Improved by the Department of the
Army: to the Committee on Government
Operations.
161. A letter from the Comptroller General
of the United States, transmitting a report
on the little progress made by the Depart-
ment of Defense in acting on opportunities
for significant savings by consolidating real
propertv maintenance organizations; to the
Committee on Government Operations.
162. A letter from the Comptroller General
of the United States, transmitting a report
on the availability of estimates of the im-
pact of Inflation on the costs of proposed
programs to committees of the Congress: to
the Committee on Government Operations.
163. A letter from the Comptroller General
of the United States, transmitting a report
on unclaimed benefits in the civil service
retirement fund: to the Committee on Gov-
ernment Operations.
164. A letter from the Comntroller General
of the United States, transmitting reports on
examinations Into the coordination among
Federal and State agencies and local health
organizations In planfllng and constructing
January 3, 197i
CONGRESSIONAL RECORD — HOUSE
37
I'
acute-care hospitals In six metropolitan
areas Issued during the period March
through November 1971; to the Committee
on Government Operations.
165. A letter from the Comptroller General
of the United States, transmitting a report
on opportunities to Improve effectiveness and
reduce costs of homeownershlp assistance
programs of the Department of Housing and
Urban Development and the Department of
Agriculture; to the Committee on Govern-
ment Operations.
166. A letter from the Comptroller General
of the United States, transmitting a report
on means for increasing the use of defense
technology for urgent public problems; to
the Committee on Government Operations.
167. A letter from the Comptroller General
of the United States, transmitting a report
on a .study of health facilities construction
costs undertaken pursuant to section 204 of
the Comprehensive Health Manpower Train-
ing Act of 1971 (85 Stat. 462); to the Com-
mittee on Interstate and Foreign Commerce.
138. A letter from the Comptroller General
of the United States, transnriitting a report
and recommendation covering the claim of
Joh:i H. Hart against the United States, pur-
suant to 31 use. 236; to the Committee on
the Judiciary.
161. A letter from the Comptroller Ge'ieral
of the United States, transmitting a report
On the functioning of the Massachu,setts sys-
tem for levlewing the use of medical services
financed ur der medicaid. Social and Rehabil-
itation Service. Departme-^t of Health. Edu-
cation, and Welfare; to the Committee on
Ways and Means.
170. A letter from the Acting Director of
Science and Education, Department of Agri-
culture, transmitting a report for fiscal year
1972 on assistance to States in providing ad-
ditional facilities for rese-^rch at the State
Ag.-icultural Experiment Stations, pursuant
to section 10 of Public Law 88 74: to the
Com'nlttee on Agricr.lture.
171. A letter from the Deputv Director,
Office of Management and Budget. Execu-
tive Office of the President. transm*ttUie a
report that t'^e spnr^priation to the Imernal
Revenue Service fnr "A-counts. col'ection
and taxpayer service," for fiscal year 1973,
lia.s been reapportioned on a basis "which in-
dicates the necessity for a supplemental esti-
mate of apnropriation, pursuant to section
3679 of the Revised Statues, as amended (31
U.S.C. 665 1 ; to the Committee on Appropria-
tions.
172. A letter from the Secretaryy of the
Army, transmitting a draft of proposed legis-
lation to amend section 3031 of title 10.
United States Code, to increase the ntimber
of authorized Deputy Chiefs of Staff for the
Army Staff, and eliminate the provisions of
the Assistant Chiefs of Staff for the Army
Staff; to the Committee on Armed Services.
173. A letter from the Secretary of the
Army, transmitting a draft of proposed leg-
islation to amend title 10, United States
Code, and the Military Selective Service Act
to permit the oversea assignment of mem-
bers of the Armed Forces who have completed
basic training and who have been awarded
a military specialty; to the Committee on
Armed Services.
174. A letter from the Secretary of the
Army, transmitting a draft of proposed leg-
islation to amend titles 10, 32, and 37, United
States Code, with respect to accountabilltv
and responslblUtyy for U.S. property, and for
othet- purposes; to the Committee on Armed
Services.
175. A letter from the Chief of Legislative
Affairs. Department of Navy, transmitting
notice of the proposed donation of certain
surplus raUway equipment to the State of
Texas, pursuant to 10 U.S.C. 7545: to the
Committee on Armed Services.
176. A letter from the Chief of Legislative
Affairs. Department of the Navy, transmitting
notice of the proposed donation of a surplus
helicopter to the Town of Dewar, Okla., pur-
suant to 10 U.S.C. 7545; to the Committee
on Armed Services.
177. A letter from the Chief of Legislative
Affairs, Department of the Navy, transmit-
ting notice of the proposed donation of a
dlesel-electrlc railway locomotive to the Pa-
cific Southwest Railway Mu,seum Associa-
tion, pursuant^ to 10 U.S.C. 7545; to the Com-
mittee on Armed Services,
178. A letter from the Chief of Legislative
Affairs. Department of the Navy, transmitting
notice of the proposed donation of a^surpUis
railroad locomotive to the Promontory Chap-
ter of the National Rallwav Historical So-
ciety, Inc.. Salt Lake City, Utah, pursuant to
10 use. 7545; to the Committee on Armed
Services.
179. A letter from the Acting Administra-
tor of Gei-.eral Services, transmitting notices
of proposed dispositions of sisal cordage fiber,
abaca corJage fiber, and sperm oil from the
national stockpile, pursuant to 50 U.S.C.
98b le) ; to the Committee on Armed Services
180. A letter from the Vice Chairman. Board
of Goverrors of the Federal Reserve System,
transmitting the Fourth Annual Report of
the Bjard of Governors on truth in lending,
covering 1972, pursuant to section 114 of the
Truth in Lending Act: to the Committee on
Ba'.kiiig and Currency.
181. A letter from the Chairman, National
Comm.iislon on Consumer Finance, trans-
mitting me report of the Commission, pur-
suant to Public Law 90-321: to the Commit-
te9 on Banking and Currency.
132. A letter from the Executive Secretary,
Federal ^T-ral and^^oiimetalHc Mine Safety
Boird of Re-iew, transmitting the annual
repcrt of the ac'lvlties of the Board for cal-
endar year 1072 pursuant to 30 U.§.C. 723(1 ) :
to the Committee on Education and Labor.
183. A letter from the Administrator,
A ;ency frr International Development, De-
partment of State, transmitting the annual
report for fiscU year 1972 on the imolemen-
tatlor nf sec-ion 620is) cf the Porel^a Assist-
ance Act of 1961, as amended, pursuant to
the nrovlslouR of that r-e -tl-n (22 US C 2370
is)i2)): *o the C mmittee on Foreign Af-
fairs.
184. A letter from the Actinc: Administra-
tor of General Services, transmitting copies
in full of the certificates of ascertainment of
the electors of President and Vice Preside it
of the United States chosen in each of the
States, pursuant to 3 U.S.C. 6; to the Com-
mittee on House Administration.
185. A letter from the Assistant Secretary
of the Interior, transmitting the Second Re-
port on the operation of the Colorado River
Basin, covering water year 1972. pursuant to
Public Law 90-537 (82 Stat. 885); to the
Committee on Interior and Insular Affairs.
186. A letter from the Chairman, Aviation
Advisory Commission, transmitting the re-
port of the Commission, pursuant to Public
Law 91-258; to the Committee on Interstate
and Foreign Commerce.
187. A letter from the Commissioner. Im-
migration and Naturalization Service, De-
partment of Justice, transmitting copies of
orders entered In the cases of certain aliens
found admissible to the United States, pur-
suant to section 212(a) (23) (I) (11) of the
Immigration and Nationality Act; to the
Committee on the Judiciary.
188. A letter from the Commisslo':er. Im-
migration and Katurallzatlon Service. De-
partment of Justice transmitting copies of
orders entered in cases In which the au-
thority contained in section 212(d)(3) of
the Immigration and Nationality Act was
exercised in behalf of certain aliens, to-
gether with a list of the persons Involved,
pursuant to section 212(d)(6) of the act;
to the Committee on the Judiciary.
189. A letter from the clerk, U.S. Court of
Claims, transmitting a statement of all
judgments rendered by the Court of Claims
for the year ended September 30, 1972, the
amount thereof, the parties In whose favor
rendered, and a synopsis of the nature of the
claims pursuant to 28 U.S.C. 791(c): to the
Committee on the Judiciary.
190. A letter from the national adjutant.
Disabled American Veterans, transmitting
the reports and proceedings of the organiza-
tion's 1972 national convention, together with
a report of Its receipts and expenditures as
of December 31, 1971, pursuant to Public
Laws 249 and 668, 77th Congress, respectively
(H. Doc. No. 93-38): to the Committee on
Veterans' Affairs and ordered to be printed
with Illustrations. —
191. A letter from the Secretarv of the
Treasury, transmitting the statement of li-
abilities and other financial commitments of
the U.S. Government as of June 30. 1972,
pursuant to section 40a of Public Law 89-
809 (80 Stat. 1590); to the Committee on
Ways and Means.
Received From the Comptroller General
192. A letter from the Comptroller General
of the United States, transmitting a report
of the audit of the U.S. Capitol Historical
Society, for the year ended January 31 1972,
pursuant to 40 United States Code 193m-l:
to the Committee on Government Operations.
193. A letter from the General Counsel of
the Department of Defense, transmitting a
draft of proposed legislation to amend sec-
tion 269(d) of title 10. United States Code,
to authorize the voluntary assignment of
certain Reserve members who are entitled to
retired or retainer pay to the Ready Reserve,
and for other purposes; to thp Committee on
Armed Services.
PUBLIC BILLS AND RESOLUTIONS
Under clau-^.e 4 of rule XXII, public
bills and resolutions were introduced and
severally referred as followTs .
By Mr. ULLMAN:
H.R. 1. A bill to establish a new program
if health care delivery and comprehensive
health care benefits (Including catastrophic
coverage), to be available to aged persons,
and to employed, unemployed, and low-
income Individuals, at a cost related to their
income: to the Committee, on Wars and
Means.
By Mr. DENT (for himself and Mr.
Perkins) :
H.R. 2. A bill to revise the Welfare and
Pension Plans Disclosure Act: to the Com-
mittee on Education and Labor.
By Mr. HAYS (for himself, Mr.
Melcher. and Mr. Morgan i :
H R. 3. K bill to provide for the regulation
of surface oral min-ng for the conservation,
acquisition. a;-.d reclamation of surface areas
affected by coal mining acth-lties. and for
other purpo:;es: to the Committee on Interior
and Insular Atiairs.
By Mr. FASCELL (for himself. Mr.
Hamilton. Mr. Fish. Mr. Waldie,
M*:. Abjuc, Mr GuDE. Mr. Reuss,
Mr. Udall. Mr. Gibbons. Mr. Rosen-
XKAL. Mr. Rees. Mr. Ware. Mr. Lec-
CETi, A'r. Charlfs H Wilson of Cali-
fornh, Ur. Zwach. Mr. Dtinan. ^;r.
McCloskey. Mr. YATr.o.N. Mr. Stltjds.
Mr. Ar.DRKws of North Dakota. Mr.
HELtrosKi. and Air. Bra^^o) :
HR. 4. A bill to provide that meetings of
Government agencies and of congressional
committees shall be open to the public, and
for other purposes: to the Committee on
Rules.
By Mr, BURKE of Massachi;setts:
H.R. 5 A bill to amend the Internal
Revenue Code of 1954 to encourage higher
education, and particularly the private fund-
ing thereof, by authorizing a deduction from
gross Income of reasonable amounts con-
tributed to a qualified higher education fund
established by the taxpayer for the purpose
of funding the higher edifcatlon of his de-
38
ser 7
Pr(
e si
I to
grea
able
tb(
tn
1
mdnt
tri il
lai d
th?
UlB
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CONGRESSIONAL RECORD — HOUSE
January J, 1973
per dents; to the Committee on Ways and
Me^ns.
By Mr. DULSKI (for himself and Mr.
Derwinski) :
4JI. 6. A. bill to am«nd title 39 of the
United States Code to extend certain mall
ice to the surviving spouse of a former
Ident; to the Committee on Post Office
Civil Service.
By Mr. PATMAN;
R. 7. A bin to create the National Credit
Union Bank to encourage the flow of credit
urban and rural areas in order to provide
ter access to consumer credit at reason-
interest rates, to amend the Federal
Credit Union Act. and for other purposes; to
Committee on Banking and Currency.
By Mr. SIKES:
R. 8. A bill to authorize the Secretary of
AgJ-lculture to develop and carr>- out a forest
Incentives program to encourage a higher
■I of forest resource protection, develop-
. and management by small iionlndus-
private and non -Federal public forest
owners, and for other purposes; to the
Co^nmittee on Agriculture.
By Mr. DOWNING (for himself. Mr.
Mailli.ard. Mr Ruppe. Mr. Goodling,
Mr. Br.\y, Mr. Stubblefield, Mr.
Jones of North Carolina, and Mr.
Anderson of California) :
I.R. 9. A bill to provide the Secretary of
Interior with authority to promote the
ervatlon and orderly development of the
ha^d mineral resources of the deep-sea bed,
ing adoption of an international regime
refor: to the Committee on Mercljant
rine and Fisheries.
By Mr. MOSS (for himself and Mr.
Dincell I :
fl R 10. A bill to promote and regulate
erstate commerce by requiring no-fault
m^tor vehicle insurance as a condition prece-
to using any public roadway in any
(ir the District of Columbia; to the
mmitee oil Interstate ard Foreign Com-
rce. ■^
By Mr. PATMAN: %^
fIR 11. A bill to make the Federal Reserve
tern responsive to the best Interests of
people of the United States, to Improve
coordination of monetary, fiscal, and
economic policy, and for other purposes; to
Committee on Banking and Currency.
ByMr. RODINO:
H.R. 12. A bill to amend the Omnibus
ime Control and Safe Streets Act of 1968.
amended, to provide benefits to survivors
certain public safety officers who die In
performance of duty; to the Committee
the Judiciarv
By Mr. BRASCO:
tf R 13. A bill to provide for Improved
or-management relations In the Federal
■vice, and for other purposes: to the Com-
ttee on Post Office and Civil Service.
Bv Mr ROSENTHAL:
HR 14 A bill to establish an Office of
Cifhsumer Affairs In the Executive Office of
President and a Consumer Protection
encv in order to secure within the Fed-
Government effective protection and
"fcresentatlon of the Interests of consumers,
d for other purpo.ses: to the Committee
Government Operations
By Mr JOHNSON of California (for
himself and Mr. Towell of Nevada) ;
HP. 15 A bill granting the con.seqt and
proval of Congress to the CnUfoniia-
'vada interstate compact; to the Commit-
f? on the'JufJlcinrv
Bv Mr FFRKINS
HR 16. A bill to a<;sist the States and
al educational aeencies In providing edu-
tionnl programs of hlTh nualltv l:i ele-
cntary anrl secondary schools and to assist
» States in pnuall7lne educational oppor-
I'lty. and for other purposes- to the Com*
ittep on Ediicption and Labor
By Mr PERKINS (frr himself and Mr.
Brademas. Mr Qt.-ie Mrs. Mink, and
Mr. Hansen of Idaho) :
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H.R 17. A bill to amend the Vocational
Rehabilitation Act to extend and revise the
authorization of grants to States for voca-
tional rehabilitation services, to authorize
grants for rehabilitation services to those
with severe disabilities, and for other pur-
poses; to the Committee on Education and
Labor. I
ByMr. ULLMAN: |
H-R. 18. A bill to provide for the selection
of candidates for President of the United
States in a national presidential primary
election, and for the election of a F>re3<ldent
and a Vice President by direct vote of the
people, and for other purposes; to the Com-
mitee on House Administration.
By Mr. PATMAN:
H.R. 19. A bill to amend the Federal (Jjredlt
Union Act In order that Federal credit unions
may operate more efficiently and better serve
the financial needs of their membersi, and
for other purposes; to the Commltt«e on
Banking and Currency,
By Mr. MOSS (for himself, Mr. Eck-
HARDT. Mr. Carney of Ohio. Mr. Din-
cell. Mr. Adams, and Mr. CoNte):
H.R. 20. A bill to provide nfilnlmum dis-
closure standards for written coj^sumer pro-
duct warranties against defect 6> malifunc-
tlon; to define minimum Federal cqntent
standards for such warranties; to amerid the
Federal Trade Commission Act in order to
Improve Its consumer protection activities,
and for other purposes; to the Commitiee on
Interstate and Foreign Commerce I
By Mr. HOLIFIELD (for hlmselif, Mr.
HoBTON. Mr. Fountain. Mr. Wvdler.
Mr. Moss, Mr. Wright. Mr. Heinz,
Mr. Hicks, and Mr. AlexandesI :
H R. 21. A bill to^establish an Office oi Con-
sumer Affairs in the Executive Office t>f the
President and a Consvimer Protection Ajgency
in order to secure within the Federal Govern-
ment effective protection and representation
of the interests of consumers, and fori other
purposes; to the Committee on Gover;|iment
Operations J
By Mrs. GRIFFITHS (for herself, Mr.
CoRMAN. Mr Green of PennsylKania,
Mr. V'anik. Mr. Dulski. Mr. NIadden,
Mr. Pepper, Mr. Anderson of Cali-
fornia. Mr. Annunzio. Mr. A$hley,
Mr Bl.atnik, Mr. Bolmnc. Mr. Brad-
FVAS. Mr. Carney of Ohio. Mr. Clay,
Mr, CONYERS. Mr. Dominick V.
Daniels, ^Tr. Donohue, Mr. Drinan,
Mr. EcKHARDT Mr. Edw\rds at Cali-
fornia, Mr. William D. Ford. Mr.
Fraser. Mrs. Hansen of Washington,
and Mr. Harrington) ;
H.R. 22 A bill to create a national system
of health security; to the Committee on
Ways and Means.
By Mrs GRIFFITHS (for herself, Mr.
CoRMAN, Mr. Hawkins. Mr. Hkchler
of West Virginia, Mr. Howard, Mr.
Koch. Mr. McCormack, Mr. McFall.
Mr. Meeds, Mr. Moss, Mr. O'Hara.
Mr. Price of Illinois, Mr. Rebs. Mr.
RosENTiiAL. Mr. Roybal. Mr. St Ger-
main. Mr Seiberling, Mr. Sti-dds.
Mrs. St'LLivAN, Mr. Thompson of I*rew
Jersey. Mr Van D»ilin. Ms. Abzt-g.
Mr. Danielson, mP. Reid. and Mr.
Udall) : ' I
H R. 23 A b'H to create a national iystem
of health security; to the Commlttjee on
Wavs and Means.
BvMrnUTSKI:
H R. 2i A biil to amend the tariff an^ trade
laws of the United States to promote full
employment and restore a diversified produc-
tion base; to amend the Internal Revenue
Code of 1954 to stem the outflow of US
capital; Jobs, technology, and production, and
for other purposes; to the Committee on
Ways and Means. i
H.R 25. A bill to amend the Public [Works
and Economic Development Act of 1965; to
the Committee on Public Works.
H.R. 26. A bill to provide free postage for
parcels mailed to disaster areas; to the Com-
mittee on Post Office and Civil Service. '
H.R. 27. A bill to amend title 5, United
States Code, to correct unfair labor practices
and Inequities with respect to the computa-
tion of dutytlme and overtime, night, holi-
day, and Sunday pay of certain employees
engaged In negotiations of labor-manage-
meiit contracts based on statute or Executive
order, and for other purposes; to the Com-
mittee on Post Office and Civil Service
H.R. 28. A bill to amend chapter 30 of title
39. United States Code, to permit a person, in
complete anonymity, to send substances in
the mails which they suspect are drugs to
Government officials for analysis, 'and for
other purposes; to the Committee on Post
Office and Civil Service.
By Mr. DULSKI (for himself, Mr. Hen-
derson, and Mr Gross) :
H R. 29. A bill to provide for payments by
the Postal Service to the civil service retire-
ment fund for increases in the unfunded
liability of the fund due to increases in bene-
fits for Postal Service employees, and for
other purposes; to the Committee on Post
Office and Civil Service.
By Mr. DULSKI:
H R. 30. A bill to amend chapter 83 of
title 5. United States Code, to eliminate the
survivorship reduction during periods of non-
marriage of certain annuitants; to the Com-
mittee on Post Office and Civil Service.
H.R. 31. A bill to amend title 39, United
States Code to exclude from the malls as a
special category of nonmailable matter cer-
tain material offered for sale to minors, to
improve the protection of the right of privacy
by defining obscene mall matter, and for
ether purpo.=;e5; to the Committee on Post
Office and Civil Service.
By Mr. BELL;
H.R. 32. A bill to amend the National Sci-
ence Foundation Act of 1950 in order to es-
tablish a framework of national science policy
and to focus the Nation's scientiflc talent
and resources on its priority problems, and
for other purposes; to the Committee on Sci-
ence and Astronatitics.
By Mr. DINGELl,:
H.R. 33. A bill to prov'de a program of na-
tional health Insurance, and for other pur-
poses; to the Committee on Ways and Means.
H R. 34. A olll to amend the Internal Reve-
nue Code of 1954 and the Social Security Act
to assist in providing means for portability
of credits under certain private pension
plans, and fcr other purposes; to the Com-
mittee on Ways and Means.
H.R. 35. A bin to amend the National En-
vironmental Policy Act of 1969 In order to
encourage the establishment of, and to as-
sist, State and regional environmental cen-
ters; to the Committee on Merchant Marine
and Fisheries.
H.R. 36. A bill to amend the National En-
vironmental Policy Act of 1969, to establish
a National Environmental Data System; to
the Committee on Merchant Marine and
Fisheries,
By Mr. DINGELL ifor himself. Mr.
Clark, Mr. Mailliard. Mr. Mosher.
Mr. Downing. Mr. Ruppe. Mr. Good-
ling. Mr. Bray. Mr. Stusblefifld.
Mr. MtTRPHY of New York. Mr Jones
of North Carolina, Mr. Biagci. Mr.
Andzr^on of California. Mr. Kyros.
Mr. McCloskey, Mr. Steele. Mr. du
Pont, Mr. Tiernan. Mr. James V.
'Stanton, Mr. Metcalfe, Mr Nedzi,
Mr. O'Hara. Mr. V/illiam D. Ford.
Mrs. GRiFFirHP. and ^'r Moss) :
H.R 37. A bill to provide for the conserva-
tion, protection, and propagation of species
or subspecies of fish and wildlife that are
threatened with extinction or likely wi'^hin
the foreseeable future to become threatened
with extinction, and for other purposes; to
the C'-mmi'trc rn MercJi-^xnt Marine ai;d
Fl.sherles.
By Mr. DINGELL (for himself. Mr.
Mailliard, Mr. Ashley. Mr. Down-
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
39
ING, Mr. Stubblefield, Mr. Murphy
of New York, Mr. Ruppe, Mr. Jones
of North Carolina, Mr. Goodling, Mr.
McCloskey, Mr. Biaggi, Mr. Steele,
Mr. Anderson of California, Mr.
Teernan, Mr. Nedzi, Mr. OHara, Mr.
Moss, Mr. William D. Ford, Mrs.
Griffiths, Mr. Kyros, Mr. James V.
Stanton, and Mr. Metcalfe) :
H.R. 38. A bill to authorize the Secretary
of the Interior to assist the States in con-
trolling damage caused by predatory ani-
mals; to establish a program of research con-
cerning the control aiid conservation of pred-
atory animals; to restrict the use of toxic
chemicals as a method of predator control;
aiicl for other purposes; to the Committee on
Merchant Marine and Fi.,heries.
By Mr. DINGELL;
H.R. 39. A bill to amend the Social Se-
curity Act to increase OASDI benefits by 15
per centum (with a $120 minimum) and
raise the earnings base, to provide various
Improvements in benefit computations, to
provide full benefits for men at age 60 and
wumen at age 55. to pay wife's and widow's
benefits without regard to age In disability
cases, and to liberalize eligibility for dis-
ability benefits; to liberalize the" medicare
coverage of disabled beneficiaries under age
65. to finance the medical insurance program
entirely from general revenues, and to cover
prescription drugs: to require the furnishing
of drugs on a generic basis under the medi-
care and public assistance programs; and. for
other purposes; to the Committee on Ways
and Means.
By Mr. DINGELL (for himself. Mrs.
Grifftths. Mr O Kara. Mr. William
D. Ford, and Mr. Nedzi) :
H.R. 40. A bill to further the achievement
of equal educational opportunities; to the
Committee on Educatloji and Labor.
By Mr. BROOMFIELD:
H.R. 41. A bill to postpone the effective-
ness of any U.S. district court order requir-
ing the busing of school children until such
time as all appeals, including to the Supreme
Court if necessary, in connection with such
order have been exhausted and for other
purposes: to the Committee on the Ju-
diciary.
By Mr. BLACKBURN:
H R. 42. A bill to amend the Fish and
Wilding Coordination Act. as amended; to
thg^trommlttee on Merchant Marine and
Pishertes.
By Mr. DULSKI:
H R. 43. A bill to amend title 39. United'
States Code, to require that the mail label or
other cover of any publication having peri-
odical publication mail privileges, when
mailed to a subscriber, shall bear readily In-
telligible Information regarding the name
and address of the subscriber and the ex-
piration date of the ctirrent subscription,
and for other purposes: ^o the Committee on
Post Office and Civil Service.
By Mr. PRICE of Illinois:
H R 44. A bill to provide for disclosures
desisned to inform the Congress with respect
to legislative measures, and for other pur-
poses; to the Committee on Standards of
Official Conduct.
By Mr. RAILSBACK:
HR.45. A bill to amend title 18 of the
Unl'ofi states Code by adding a new chap-
ter 404 to establish an Institute for Continu-
ing Studies of Juvenile Justice; to the Com-
mittee on the Judiciary.
By Mr. HALEY (for himself. Mr. Sikes.
Mr. BtjRKE of Florida. Mr. Frey. Mr.
Bennett, Mr. Fuqua. Mr. Rogers,
Mr. Pepper, Mr. Fascell. Mr. Chap-
pell. Mr. Gibbons. Mr. Young of
Florida. Mr Bafalis. Mr. Lehman,
and Mr. Gunter) :
H.R. 46. A bill to authorize the acquisition
of the Big Cypress National Fresh Water Re-
serve in the State of Florida, and for other
purpases: to the Committee on Interior and
Insular Affairs.
By Mr. HALEY:
H.R. 47. A bill to amend the Budget and
Accounting Act, 1921, to provide for the re-
tirement of the public debt by setting aside
the first 5 per centum of the budget receipts
of the United States for each fiscal year for
the sole purpose of retirement of obligations
counted as part of the public debt; to the
Committee on Government Operations.
By Mr. BURKE of Massachusetts:
H.R. 48. A bill to amend title II of the
Social Security Act to provide a 50-percent,
across-the-board Increase in benefits there-
under, with the resulflng benefit costs being
borne equally by employers, employees, and
the Federal Government, and to raise the
amount of outside -earnings which a bene-
ficiary may have without suffering deduc-
tions from his benefits; to the Committee on
Ways and Means.
H.R. 49. A bill to amend the Internal Rev-
enue Code of 1954 to allow a credit against
the individual Income tax for tuition paid for
the elementary or secondary education of
dependents: to the Committee on Ways and
Means.
By Mr. ROY:
H R. 50. A bill to improve health care In
rural areas through the establishment of
the Office of Rural Health Care ln*the De-
partment of Health, Education, and Welfare
and a National Council, on Rural Health;
to the Committee on Interstate and Foreign
Commerce.
By Mr. ROY (for himself, Mr. Rogers.
Mr, Kyros, Mr. Preyer of North
Carrollna, Mr. Symington, and Mr.
Hastings) :
HR. 51. A bill to amend the Public Health
Service Act to provide assistance and en-
couragement for the establishment and ex-
pansion of IJealth maintenance organizations,
and for othfer purposes; to the Committee on
Inter.state and Foreign Commerce.
B;- Mrs. SULLIVAN (for herself and
Mr. Barrett) :
H.R. 52. A bill to assist in meeting the
housing goals of the American people by
creating the Home Owners Mortgage Loan
Corporation; to the Committee on Banking
and Cuirency.
By Mrs. SULLIVAN:
H.R. 53. A bill to repeal the act of Janu-
ary 11. 1971, amending the Food Stamp Act of
1964, as amended, and for other purposes; to
the Committee on .Agriculture.
H.R. 54. A bill to amend the Internal Reve-
nue Code of 1954 to allow a deduction for In-
come tax purposes of certain expenses In-
curred by the taxpayer for the education of a
dependent: to the Committee on Ways and
Means.
H R. 55. A bill to modify the flood protec-
tion project at St. Louis. Mo.; to the Commit-
tee on Public Works.
H.R. 56. A bill to amend titles II and XVIII
of the Social Security Act to Include qualified
drugs, requiring a physician's prescription or
certification and approved by a formulary
committee, among the ^tems and ser^ice"s
covered under the hospital Insurance pro-
gram; to the Committee on Ways and Means.
H.R. 57. A bill to amencj the Internal Reve-
nue Code of 1954 to allow a deduction for ex-
penses Incurred by a taxpayer in making re-
pairs and Improvements to his residence, and
to allow the owner of rental housing to
amortize at an accelerated rate the cost of
rehabilitating or restoring such housing; to
the Committee on Ways and Means.
H.R. 58. A bill to clarify and expand the
authority of the Federal Home Loan Bank
to regulate conflicts of Interest In the oper-
ation of Insured savings and loan associa-
tions, and for other purposes; to the Com-
mittee on Banking and Currency.
H.R. 59. A bill to protect the public health
by providing authority to regulate or pro-
hibit the transportation, sale, or other dis-
tribution In Interstate commerce of live crea-
tures Intended to be offered as household
pets, if determined to be Infected with serious
disease injurious to human beings; to the
Committee on Interstate and Foreign Com-
merce.
H.R. 60. A bill authorizing the President
to award the Medal of Honor posthumously
to Harry S. Truman; to the Committee on
Armed Services.
By Mr. KASTENMEIER :
H.R. 61. A bill to authorize the President,
through the temporary Vietnam Children's
Care Agency, to enter Into arrangements
with the Government of South Vietnam to
provide assistance In improving the welfare
of children In South Vietnam and to facili-
tate the adoption of orphaned or abandoned
Vietnamese children, particularly children of
U.S. fathers; to the Committee on Foreign
Affairs.
By Mr. BURKE of Massachusetts :
H.R. 62. A bill to amend the tariff and
trade laws of the United States to promote
full employment and restore a diversified
production base: to amend the Internal Rev-
enue Code of 1954 to stem the outflow of ' "
U.S. capital, Jobs, technology and produc- ..
tion, and for other purposes; to the Com-
mittee on Ways and Means.
By Mr. BROOKS:
H.R. 63. A bill to provide for the appoint-
ment of several officials of the Congress by
the Speaker of the House of Representatives
or the President pro tempore of the Senate;
to the Committee on House Administration.
By Mr. BENNETT (for himself. Mr.
SiKEs, Mr. FuQUA. Mr. Chappell. Mr.
Frey. Mr. Gibbons. Mr. Haley, Mr.
Young of Florida, Mr. Rogers, Mr.
Fascell, Mr. Bafalis. Mr. Guntek,
and Mr. Lehman) :
H R. 64. A bin to authorize the establish-
ment of the Florida Frontier Historic River-
way, and for other purposes: to the Commit-
tee on Interior and Insular Affairs.
By Mr. ROGERS (for himself. Mr.
Satterfield. Mr. Kyros. Mr. Preyer.
Mr. Symington. Mr. Roy, Mr. Nel-
SEN, and Mr. Hastings) :
H.R. 65. A bill to amend the Public Health
Service Act to provide for the establishment
of a National Institute of Aging, and for
other purposes; to the Committee on Inter-
state and Foreign Commerce.
By Mr. RANDALL:
H.R. 66. A bill to provide mail service for
Bess Wallace Truman, widow of former Presi-
dent Harry S. Truman; to the Committee on *
Post Office and Civil Service.
By Mr. MURPHY of New York (for
himself. Mr. Rees. Mr Tiernan, Mr.
Podell Mr. Bingham. Mr. Clark.
Mr. Yatron. Mr. Rhodes. Mr.
RooNEY of Pennsylvania. Mr. Brasco,
Mr. Roybal, Mr. Rosenthal, Mr.
RiECLE. Mr Thompson of New Jer-
sey. Mr. Pepper. Mr. Nix, Mr. Mc-
Cormack. Mr. Helstoski. Mr. Moss,
and Mr. Gude) :
H R. 67. A bill to provide financial assist-
ance to States and localities for the con-
struction and modernization of correctional
Institutions: to the Committee on the Judi-
ciary.
By Mr. PERKINS:
H.R. 68 A bill to amend the insured stu-
dent loan provisions of the Higher Education
Act of 1965 to provide allowances to Institu-
tions for their costs in connection w.lth such
program: to the Committee on Education and
Labor.
H.R. 69. A bill to extend and amend the
Elementary and Secondary Education Act of
1965. and for other purposes: to the Commit-
tee on Education and Labor.
By Mr. BRADEMAS (for himself, Mr.
Perkins, Mr Thompson of Nevi- Jer-
sey. Mrs. Mink, Mr. Meeds. Mr. Clay.
Mrs Chisholm. Mrs Grasso. Mr.
Mazzoli, Mr. O'Hara. Mr Dent. Mr.
KocH. Mr. William D. Ford, and Mr.
Badilloi :
H.R. 70. A bill to provide finianclal assist-
anoe to the States for Improved educational
0
I I
CONGRESSIONAL RECORD — HOUSE
January 3, 1973
services for h^|dlcapped children; to the
I Committee on Hlucatlon and Labor.
By Mr. BRADEMAS (for himself and
Mr. Perkins) :
I?.R. 71. A bill to strengthen and improve
he Older Americans Act of 1965, and for
lither purposes; to the Committee on Educa-
lon and Labor.
By Mr. DOMINI CK V. DANIELS:
H.R. 72. A bill to amend the Controlled
jubstances Act to move amphetamines and
■ertaln other stimulant substances from
iCheduie Ilf of such act to schedule II: to
he Commltt^ on Interstate and Foreign
:ommerce.
By Mr. KASTENMEIER:
H 1^73. A bill to provide for meeting the
nanpower needs of the Armed Forces of the
Jnlted States through a complete voluntary
(ystem of enlistments, and to further Im-
>rove, upgrade, and strengthen such Armed' •
='orces, and for other purposes; to the Com-
mittee on Armed Services :
By Mr. ROGERS (for himself, Mr.
Kyros. Mr. Preyer. Mr. Symington,
Mr. Roy, Mr. Nelsen, Mr. Hastings,
Mr. MoLLOHAN. Mr. Mazzoli, and Mr.
Robison of New York) :
H R. 74. A bill to amend the Public Health
Service Act to authorize assistance for plan-
ning, development arid Initial operation, |e-
;earch, and training projects for systenTsfor
the effective provision of health care Serv-
ices under emergency conditions: to the
rommlttee on Interstate and Foreign Com-
merce.
By Mr. SIKES (ior himself and Mr.
DINGELL) :
H R. 75. A bin to extend and expand the
authority for carrying out conservation and
rehabUitatlon programs on military reserva-
lons. and to authorize the Implementation
of such programs on certain public lands;
to the Committee on Merchant Marine and
Fisheries.
By "Mr. HUN GATE:
H.R. 76. A bill to provide for the humane
care, treatment, rehabilitation and protection
of the mentally retarded in residential facil-
ities through the establishment of strict
quality operation and control standards and
the support of the Implementation of such
standards by Federal assistance, to estab-
lish State plans which require a survey of
need for assistance to residential facilities
to enable them to be in compliance with
such standards, seek to minimize Inappro-
prlvate admission to residential facilities
and develop strategies which stimulate the
development of regional and "community
programs for the mentally retarded which
Include the Integration of such residential
facilities, and for other purposes; to the
Committee on Interstate and Foreign Com-
merce.
By Mr. THOMPSON of New Jersey:
H.R 77. A bill to amend the Labor Man-
agement Relations Act, 1947, to permit em-
ployee contributions to Jointly administered
trust funds established by labor organiza-
tions to defray costs of legal services; to the
Committee on Education and Labor.
By Mr. ARCHER:
H.R. 78. A bill to repeal the Davis-Bacon
J^ct and the Contract Work Hours Standards
T.ct, and related provisions of law; to the
• .<>.mmlttee on Education and Labor.
. HR. 79. A bill to amend the National La-
\0T Relations Act to rfequlre a vote by em-
l loyees who are on strike, and for other pur-
poses; to the Committee on Education and
Labor.
ijH R 80 .\ bill to authorize and direct the
fecretary of Defense and the Administrator
f ti-.e General Services Administration to li.-
i_iure the procurement and use by the Fed-
Tral Government of products manufactured
Crom recycled materials; to the Committee
on Government Operations.
HR. 81. A bill to amend section 1257 of
>ltle 28, United States Code, to provide that
H.R.
the Supreme Court shall not have Jurisdic-
tion to review a State court final Judgment
or decree that an act or publication Is ob-
scene; to the Committee on the Judiciary.
H.R. 82. A bill to provide the death penalty
for assassinating, or attempting to assas-
sinate. Federal elective officeholders, or per-
sons seeking election to Federal office; to the
Committee on the Judiciary.
HR. 83. A bUl to provide a Federal income
tax deduction for expenditures for purchase
and Installation of air pollution control de-
vices on used vehicles, and to provide for
certification of such devices by the Admin-
istrator of the Environmental Protection
Agency; to the Committee on Ways and
Means.
H.R. 84. A bill to provide a tax credit for
expenditures made in the exploration and
development of new reserves of oil and gas In
the United States; to the Committee an Ways
and Means.
HJl. 85. A bill to amend title 18, United
States Code, to promote public confidence in
the legislative branch of the U.S. Crovern-
ment by requiring financial disclosure by
Members of Congress, candidates for Con-
gress, and certain employees of the legislative
branch; to the Committee on Standards of
Official Conduct.
By Mr. BENNETT (for himself, Mr. Bob
Wn-soN. Mr. Stratton, Mr. King. Mr.
Randall, Mr. Dickinson, Mr. White,
Mr. Spence, Mr. Mollohan, and Mr.
Harrington) :
86. A bill to amend title 10, United
States Code, to limit the separation of mem-
bers of the Armed Forces under conditions
other than honorable, and for other pur-
poses: to the Committee on Armed Services.
By Mr. BENNETT:
H.R. 87. A bill to provide an Incentive plan
for participation in the Ready Reserve, and to
authorize payment of retired pay at reduced
percentages to persons otherwise eligible at
age 50 and for other purposes; to the Com-
mittee on Armed Services.
H.R. 88. A bill to further amend the Federal
Civil Defense Act of 1950, as amended, to
provide that Federal Buildings shall be de-
signed and constructed to maximize fallout
protection and that non-Federal construc-
tion financed in whole or in part with Federal
funds may be designed to maximize fallout
protection; to the Committee on Armed
Services.
H.R. 89. A bUl to establish the U.S. Agency
for World Peace within the Department of
State; to the Committee on Foreign Affairs.
H.R. 90. A bill to coordinate State prefer-
ential primary elections for the nomination
of candidates for the office of President, and
for other purposes; to the Committee on
House Administration.
H.R. 91. A bill to establish a national land
use policy: to authorize the Secretary of the
Interior to make grants to encourage and
assist the States to prepare and implement
land use programs for the protectloiti of areas
of critical environmental concern and the
Control and direction of growth and| develop-
ment of more than local signlflcahce: and
for other purposes; to the Comralttee on
Interior and Insular Affairs.
H.R. 92. A bill to require the Council on
Environmental Quality to hold public hear-
ings in which all points of view cdn be ex-
pressed prior to any final action' or recom-
mendation by such Council to tlfee Fre.'^l-
dent; to the Committee on Merchai^t Marine
and Fisheries.
H.R. 93. A bill the Federal Landt Protec-
tion Act: to the Committee on Int^'rlor and
Insular Affairs.
H.R. 94. A bill to prohibit the broadcast-
ing of paid political advertisements for rre^i-
dentlal candidates and to require broadcast-
ing stations to provide free broadcasting time
for such candidates; to the Committee on
Interstate and Foreign Commerce.
H.R. 95. A bill to provide a code of ethics
for Federal Judges, including Supreme Court
Justices, by amending chapter 11 of title 18,
United States Code: to the Committee on
the Judiciary.
H.R. 96. A bill to amend section 207 of title
18, United States Code, in order to prohibit
former Federal employees who participated
in a contract formulation from being em-
ployed, for a period of 2 years, by anyone
who has a direct Interest In the contract; to
the Committee on the Judiciary.
H.R. 97. A bill to provide for public dis-
closure by Members of the House of Repre-
sentatives and by candidates for such office
and to give the House Committee on Stand-
ards of Official Conduct appropriate Jurisdic-
tion; to the Committee on Standards of Of-
ficial Conduct.
By Mr. ROUSSELOT:
H.R. 98. A bill to provide for a balanced
Federal budget, regular reports by a Tax-
payers' Advocate to the Congress and Amer-
ican people on the status of the public debt,
and the reduction of that debt on an annual
basis; to the Committee on Ways and Means.
By Mr. COLLIER:
HJl. 99. A bill to amend sections 101 and
902 of the Federal Aviation Act of 1958. as
amended, to Implement the Convention for
the Suppression of Unlawful Seizure of Air-
craft; to amend title XI of such act to au-
thorize the President to suspend air service to
any foreign nation which he determines Is
encouragmg aircraft hijacking by acting In
a manner inconsistent with the Convention
for the Suppression of Unlawful Seizure of
Aircraft; and to authorize the Secretary of
Transportation to revoke the operating au-
thority of foreign air carriers under certain
circumstances; to the Committee on Inter-
state and Foreign Commerce.
By Mr. FRASER:
H.R. 100. A bill to amend title 38 of the
United States Code to make certain that
recipients of veterans' pension and compen-
sation will not have the amount of such
pension or compensation reduced because of
increases in monthly social security benefits;
to the Committee oii Veterans' Affsilrs. '
By Mr. ANDERSON of California: \
H.R. 101. A bill to authorize appropriations
for construction of certain highway projects
In accordance with title 23 of the United
States Code, and for other purposes; to the
Committee on Public Works.
H.R. 102. A bill to amend chapter 44 of title
18 of the United SUtes Code (inspecting fire-
arms) to penalize the use of firearms in the
commission of any felony and to Increase
., the penalties In certain related existing pro-
. visions: to the Committee on the Judiciary.
By Mr. BENNETT:
H.R. 103. A bill to amend title 10, United
States Code, relating to the grade in which
members of the Armed Forces are discharged
or retired, health benefits for dependents of
certain disabled veterans, benefits for chll-
'dren under legal guardianship of members of
the Armed Forces, and eligibility of certain
reservists for retired pay; to the Committee
on Armed Services.
H R. 104. A bin to amend the Bank Holding
Compp.ny Act of 1956 to eliminate the exlst-
ii.'- e--emci»icn for labor, agricultural, and
horticultural organizations: to the Commit-
tee ' u Banking and Currency.
H.R. 105. A bUl to provide for the establish-
ment, within the Department of Health, Edu-
cation, end Welfare, cf a National Informa-
tl n fiid R?s:urce Center f r the Handi-
ccpped; to the Committee on Education and
Lab :.
HR. 106. A bni to amend title III of the
Fic-eral Election Campaign Act of 1971 to re-
qu!r? that political committees and. candi-
dates report all political contributions and
e^:penditures regardless of amount; to the
C mmiitce on Hcuse Administration.
H.R. 107. A bin to subject certain nationals
or citlzjns of the United States to the Jurls-
dicticn cf the U.S. district courts for their
crimes committed outside the United States
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
41
and to provide for the apprehension, re-
straint, removal, and delivery of such per- '
sons; to the Committee on the Judiciary.
H.R. 108. A bill to amend the Internal Rev-
enue Code of 1954 to provide that no Indi-
vidual shall pay an Income tax of less than
10 percent on his Income and to provide that
Industrial development bond income shall
not be excluded from gross income; to the
Committee on Ways and Means.
By Mr. STEELE :
H.R. 109. A bill to provide for the creation
of the National Fire Academy, and for other
purposes: to the Committee on Science and
' Astronautics.
H.R. 110. A bin to provide the Secretary of
Commerce with the authority to make grants
to States, counties, and local comm^mltles to
pay for up to one-half of the costs of training
programs for firemen; to the Committee on
Science and Astronautics.
H.R. 111. A bill to provide the Secretary of
Commerce with the authority to make grants
to accredited institutions of higher education
to pay for up to one-half of the costs of fire
science programs; to the Committee on Sci-
ence and Astronautics.
H.R. 112. A bill to provide financial aid to
local fire departments ip the purchase of ad-
vanced firefighting equipment; to the Com-
mittee on Science and Astronautics.
H,R. 113. A bin to provide financial aid for
local fire departments In the purchase of fire-
fighting suits and self-contained breathing
apparatus; to the Committee on Science and
Astronautics.
H.R. 114. A bill to extend for 3 years the
authority of the Secretary of Commerce to
carry out fire research and safety programs;
to the Committee on Science and Astro-
nautics.
H.R. 115. A bill to establish a National
Fire Data and Information Clearinghouse,
and for other purposes: to the Committee on
Science and Astronautics.
• H.R. 116. A bill to amend the Flammable
Fabrics Act to extend the provisions of that
act to construction materials used in the in-
teriors of homes, offices, and other places of
assembly or accommodation, and to author-
ize the estsblishment of toxicity standards;
to the Committee en Interstate and Foreign
Commer^.
H.R. 117. A bill to amend the Hazardous
Materials Transportation Control Act of 1970
to require the Secretary of Transportation to
issue regulations providing for the placard-
ing of certain vehicles transporting hazard-
ous materials In Interstate and foreign com-
merce, and for other purposes; to the Com-
mittee on Interstate and Foreign Commerce.
By Mr. RARICK:
H.R. 118. A bill to permit citizens of the
United States to. acquire, hold, and dispose
of gold notwithstanding the provisions of
any other law; to the Committee on Banking
and Currency.
H.R. 119. A bill to vest In the Government
of the United States the full, absolute com-
plete, and imconditional ownership of the 12
Federal Reserve banks: to the Committee on
Banking and Currencv.
By Mr. ALEXANDER:
HR. 120. A bin to provide for a study of
a proposed Huckleberry Finn National Rec-
reation Are^ on the Lower Mississippi, and
for other purposes; to the Committee on
Interior and Insular Affairs.
H.R. 121. A bill to amend the Communlca-
tioas Act of 1934 to establish orderly proce-
dtires for the consideration of appiications
for renewal of broadcast licenses; to the
Committee on Interstate and Foreign Com-
merce. ♦
H.R. 122. A bill to amend the Federal Trade
Commi.ssion Act to provide that under cer-
tain circumstances exclusive territorial ar-
rangements shall not be deemed unlawful;
to the Committee on Interstate and Foreign
Commerce.
H.R. 123. A bill to authorize the Secretary
OXIX 4— Part 1
of the Interior to construct certain pumping
faculties for the Mammoth Spring National
Pish Hatchery, Arkansas; to the Committee
on Merchant Marine and Fisheries.
H.R. 124. A bni to amend section 103 of title
23 of the United States Code relating to addi-
tional mileage for the Interstate System and
the Highway Revenue Act of 1956 by extend-
ing the duration of the Highway Trust Fund
for the construction of certain highways, and
for other purposes; to the Committee on
Public Works.
H.R. 125. A bUl to require the President to
notify the Congress whenever he impounds
funds, or authorizes the impounding of
funds, and to provide a procedure under
which the House of Representatives and the
Senate may approve the President's action
or require the President to cease such ac-
tion; to the Committee on Rules.
Bv Mr. ASHLEY:
H.R. 126. A bill to provide reimbursement
for losses Incurred by commercial fisherman,
as well as allied sport fishing camps, as a
result of restrictions imposed by a State
for Federal Government; to the Committee
on Merchant Marine and Fisheries.
By Mr. BENNETT:
H.R. 127. A bni to amend the Occupational
Safety and Health Act of 1970 to require
the Secretary of Labor to recognize the dif-
ference in hazards to employees between the
heavv construction industry and the light
residential construction industry; to the
Committee on Education and Labor.
H.R. 128. A bill to provide Federal grants
to assist elementary and secondary schools
to carry on programs to teach moral and
ethical principles; to the Committee on Edu-
cation and Labor.
H.R. 129. A bill to make available to vet-
erans of the Vietnam war all benefits avail-
able to World War n and Korean conflict
veterans; to the Committee on Veterans'
AffRirs
H.R. 130. A bill to provide for a national
cemetery in Duval County, Fla.; to the Com-
mittee on Veterans' Affairs.
H.R. 131. A bUl to provide tot a Veterans'
Administration general medical and surgical
hospital at Jacksonvine, Fla., and to achieve
cooperation with the University cf Florida
College of Medicine in its activities in Jack-
sonvnie: to the Committee on Veterans'
Affairs.
H.R. 132. A bUl to provide for cremation
sites at national cemeteries; and to pssure
that adequate grave sites are avaUable for
certain veterans In Arlington National Ceme-
tery; to the Committee on Veterans' Affairs.
Bv Mr. CEDERBERG:
H.R. 133. A bill to increase the membership
of the Advisory Commission on Intergovern-
mentr.l Relations by two members who shaU
be elected town or township officials; to the
Committee on Government Operations.
H.R. 134. A bill to amend the Wild and
Scenic Rivers Act . by designating certain
rivers in t";ie State of Michigan for potential
additions to the national wild and scenic
rivers system: to the Committee on Interior
and Insular AfTalrs.
H.R. 135. A bill to amend the Federal Food.
Drug, and Cosmetic Act to include a defini-
tion of food supplements, and for other pur-
poses; to the Committee on Interstate and
Foreign Commerce.
H R. 136. A bill to amend the Federal Trade
Commission Act (15 U.S.C. 41) to provide
that under certain circumstances exclusive
tarritorial arrangements shall not be deemed
unlavful: to the Committee on Interstate
and Foregn Commerce.
BvMr. CH.APPELL:
H R. 137. A bin to establish the Canaveral
National Seashore in the State of Florida, and
for other purposes; to the Committee on In-
terior and Insular Affairs.
H.R. 138. A bni to amend the Clean Air
Act to require that motor vehicles In actual
use be equipped with emission control sys-
tems at such time as tfee Administrator of
the Environmental Protection Administra-
tion determines the effective systems are
available, to the Committee on Interstate
and Foreign Commerce.
H.R. 139. A bill to authorize the Secretary
of the Interior to classify and Inventory wet-
land resources, to measure wetlands degrada-
tion, to evaluate the environmental contrib-
ution of natural wetlands, and for other pur-
poses, to the Committee on Merchant Marine
and Fisheries.
H.R. 140. A bill to provide for continual ap-
plication of current basic pay scales to Fed-
eral Civil Service annuities, to the Committee
on Post Office and Civil Service.
H.R. 141, A bni to amend title II of the
Social Security Act to eliminate the 5-month
waiting period which Is presently a prereq-
uisite of eligibility for disability insurance
benefits or the disability freeze, to the Com-
mittee on Ways and Means. ^
H.R. 142. A bni to ainend title II of the
Social Security Act to provide that an In-
dividual may qualify for "disabinty Insurance
benefits and the disability "freeze If he has
40 quarters of coverage, Tegardless of when
such quarters were earned, to the Committee
on Wavs and Means. ,
H.R. 143. A bill to an^end tjtle 11 of the
Social Security Act to Increase from S2,100 to
S3 ,600 the amount of outside earnings per-
mitted each year without any deductions
from benefits thereunder; to the Committee
on Wavs and Means. , I j
By Mr. GROSS: | I '
H.R. 144. A bill to provide that Federal ex-
penditures shall not exceed Federal revenues,
except In time of war or grave national
emergency declared by the Congress, and to
provide for systematic reduction of the pub-
lic debt; to the Committee on Ways Eind
Means. . ,
By Mr. COLLIER: I
H.R. 145. A bin to establish a national re-
search data bank: to the Committee on Gov-
ernment Operations. .
H.R. 146. A bill to amend title 5, United
States Code, to provide for a Job placement
index in the Civil Service Commission; to
the Committee on Post Office and Civil
Service.
By Mr. DOMINTCK V. Tl.^NIELS :
H.R. 147. A bill to provide Federal grants
to assist elementary and secondary schools to
carry on programs to teach moral and ethi-
cal principles; to the Comijiittee on Educa-
tion and Labor.
H.R. 148. A bUl to amend the Railroad
Retirement Act of 1937 to provide a full
annuity for any individual (without regard
to his age) who has completed 30 years of
railroad service; to the Committee on Inter-
stiite and Foreign Commerce.
H.R. ,149. A bill to provide Ferleral assist-
ance for special projects to demoiistrate the
effectiveness of programs to provide emer-
gency care for heart attack victims by trained
persons In specially equipped ambulances;
to the Committee on Interstate and Foreign
Commerce.
H.R. 150. A bni to amend tlt^e 39, United
States Code, with respect to the financing
of the co.st of mailing certain matter free
of postage or at reduced rates of postage,
and for other purposes; to the Committee
on Post Office and Civil Service.
H.R. 151. A bill to prohibit most-farored-
nation treatment and commercial and guar-
antee agreemer.ts with respect to any non-
market economy country which denies to
its citizens the right to emigrate or Which
imposes more than nominal fees upon its
citizens as a condition to emigratioi;; to the
Committee on Ways and Means.
By Mr. DAVIS of Georgia:
HR. 152. A bni to end discrimination in
the availability of Federal crop insurance and
to authorize the appropriation of additional
funds for the administration of the Federal
on
Bc^ln
to
foi
m
to
fa^ 11
cr^p Insurance program; to the Commlt'ee
Agriculture
■I.R. 153. A bin to amend the Soil Con-
se: vatton and • Domestic AUotlnent Act, as
anjended. to provide for a South Atlantic
enviror.mental conservation program:
the Commiitee on Agriculture.
■I.R. 154. A bill concerning legal counsel
recipients of loans under programs ad-
ilstered by the Department of Agriculture;
the Committee on Agriculture.
i.R. 155. A bin to authorize the Secretary
Che Navy ;o construct and provide offshore
Itles for the education and convenience
visitors to the U.S.S. Arizona Memorial at
rl Harbor and to transfer responsibility
their operation and maintenance to the
Tlonal Park Service; to the Committee on
Arti^ed Services.
■I.R. 156. A bill to provide for paper money
United States to carry a designation In
brkille Indicating the denomination; to the
ittee on Banking and Currency.
H R. 157. A bill to authorize a White House
Ccinference on Education; to the Committee
Education and Labor.
i R. 158. A bill to provide greater assurance
Federal fiscal responsibility; to the Com-
itee on Government Operations.
■I R. 159. A bill to amend the Fedefral Trade
ion Act (15 use. 41) to provide
under certaih circumstances exclusive
arrangements shall not be deemed
lawful; to the Committee on Interstate
Foreign Commerce.
-I.R. 160. A bill to establish a Federal pro-
to encourage the voluntary donation of
and safe blood, to require licensing and
ction of ail blood banks, and to estab-
a national registry of blood donors; to
Committee on Interstate and Foreign
.of
fa
of
Fek
to
Of the
on
of
m
Cc mmissi'
thit
te rltorlal
ur
ai
g-rfm
P
1
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:i pec
llsi
th;
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n
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ei
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r- I
CONGRESSIONAL RECORD — HOUSE
January 3, 1973
Cc mmerce.
fl R. 161. A bill to provide certain amounts
television program time for candidates for
offices during general elections; to
Committee on Interstate and Foreign
iJnimerre.
^R 162. A bill to amend the Communlca-
tiijns Act of 1934 to establish orderly proce-
for the consideration of applications
renewal of broadcast licenses; to the Com-
ttee on Interstate and Foreign Commerce
iR. 163. A bill to amend the Omnibus
Control and Safe Streets Act of 1968 to
Ide a system for the redre.'^s of law-en-
cement officers' grievances and to establish
law-enforcement officers' bill of rights in
'h of the se-.eral States, and for other
rpo^es; to the Committee on the Judiciary
fIR. 164. A bill to consent to the Inter-
e Environment Compact; to the Commit-
on the J\idlciarv.
hlR. 165 A bill to extend benpfits under
■tion 8191 of title 5. Unltfd Sta'tes Code,
law-enfor^omont officers and firemen not
iployed by the United States who are
led or totally disabled in the line of duty;
the CoTimlttee on the Judiciary.
H R. 166. A bill to prohibit assaults on'
'e law-enforcement officers, firemen, and'
iclal officers; to t^e Committee on the
diciarvv
FIR 167 A bin o amend the Omnibus
ime Control and Safe Streets Act of 1968
provide benefits to survivors of police offi-
firemen. and correction officers killed In
line of duty, and to police officers, fire-
n. and correction officers who are disabled
the line of duty; to the Committee on the
diciary.
H R 168 A bin to authorize the Secretary
Agriculture to establish a orogram to pro-
3te the production and marketing of farm-
rajsed fish through the extension of credit,
hnjcal a^lstance. marketing assistance,
d research, and for other purposes; to the
mmittee on Merchant Marine and Fish-
es.
H.R. 169. A bill to amend title 5, United
tes Code, to correct certain Inequities In
crediting of National Guard technician
of
Fefceral
th
C
dt res
fo
m
Ci ime i
pr >v
fo
a
ea
P
sr I
te '
e;
kl
to
S:
jv
Ji
C
tc
eers
tte
m ";■
m
service in connection w^ith civil service retire-
ment, and for o»her purposes; to the Com-
miitee on Post Office and Civil Service,
H.R. 170. A bill to establish a national
policy relating to conversion to the metric
system in the United States; to the Corvmlt-
tee on Science and Astronautics.
H.R. 171. A bill to amend the Internal
Revenue Code of 1954 to allow a credit
against income tax to Individuals for certain
expenses incurred in providing higher educa-
tion: to the Committee on Ways and Means.
HR, 172. A bill to amend title II of the
Social Sccuritv Act to Increase from $2,100 to
$2,500 (or $3,600 in the case of a widow
With minor children) the amount of out-
side earnings permitted each year without
deductions from benefits thereunder; to the
Comntlttee on Wavs and Means.
H.R. 173, A bin to amend the Internal
Revenue Code of 1954 to allow an Income tax
credit for gifts or contributions made to any
institution of higher education, to be cited as
■The Higher Education Gift Incentive Act of
1D73"; to the Committee on Ways and Means,
H,R, 174. A bill to amend section 4182 of
the Internal Revenue Code of 1954; to.the
Committee on Ways and Means.
H.R. 175. A bill to extend to all unmarried
individuals the full tax benefits of Income
splitting now enjoyed by married Individuals
filing joint returns; to the Committee, on
Ways and Means,
H.R. 176. A bill to amend the Internal
Revenue Code of 1954 to provide income tax
simplification, reform, and relief for small
business; to the Commission on Ways ipnd
Means. " \
H.R. 177, A bill to amend the Internal
Revenue Code' of 1954 to provide that jem-
ployees receiving lump sums from tax-free
pension nr annuity plans on account of sep-
aration from employment shall not be taxed
at the time of distribution to the extent that
an eqi:ivalent amount is reinvested In an-
other such plan: to the Committee on Ways
and Means. •• ]
By Mr. DAVIS of Georgia (for him-
self and Mr. Brown of California i :
H.R. 178. A bill to amend the National
Science Foundation Act of 1950 in ordtr to
establish a framework of national sirlence
policy and to focus the Nation's scientific
talent and resources on Us priority problems,
and for other purposes; to the Comn^ttee
on Science and Astronautics, T
By Mr, DELLUMS: j
H.R, 179, A bill to provide for the cessa-
tion of bombing in Indochina and foii the
withdrawal of U.S. milltarv personnel Ifrom
the Republic of Vietnam, Cambodia, and
Laos: to the Committee on Poreigf. Affairs.
By Mr. DINGELL (for himself and
Mr. Moss) :
HR. 180. A bill to assure protection or en-
vironmental vnlues while facilitating jcon-
st ruction of needed electric power suppljy fa-
cilities, and for other purposes: to the Com-
mittee en Interstate and Foreign Conirrferc.'?.
By Mr. DINGELL (for himself. ' Mrs.
Griffiths, Mr. 0'H.\ra. Mr, I^edzi,
and Mr, William D. Ford) : . [
HR. 181. A bill to provide for the resjtora-
tlon of all lands located In the United States
upon which strip mining opera' iins art be-
ing or have been carried out, and for t>ther
purposes; to the Committee on Interior and
Insular Affairs.
By Mr. EDWARDS of Alabama:
H.R. 182. A bill % amend title 18. Uhlted
States Code, to prohibit the sale of milling
lists used to disseminate through the mails
materials harmful to pet^ns lyider thie af.e
of 19 years; to the CornittH^ In th* Ju-
diciary, [
H,R, 183. A bill to amend title 18, United
States Code, to prohibit the mailing ai ob-
scene matter to minors, and for other pur-
poses; to the Committee on the Judiciary.
H.R. 184. A bill to make the use of a fire-
arm to commit certain felonies a Federal
crinio where that use violates State law, and
for other purposes; to the Committee on the
Judiciary,
H,R. 185, A bin to amend title 18 and title
28 of the United States Code with respect to
the trial and review of criminal actions In-
volving obscenity, and for other purposes; to
the Committee on the Judiciary,
H,R, 186. A bill to strengthen and improve
tiie private retirement system by establish-
ing minimum standards for participation in
and for vesting of benefits under pension and
profitsharlng retirement plans, by allowing
deductions to individuals for personal sav-
ings for rQtireme:it, and by Increasing con-
tribution Bmitations for .^elf-employed indi-
viduals and shareholder-employees of elect-
ing small business corporations; to the Com-
mittee on Ways and Means,
By Mr. EDWARDS of California:
H.R. ieV, A bin to amend title 18 of the
United States Code to enable the Federal
criminal Justice system to deal more effec-
tively with the problem cf narcotic addiction,
to amend the Omnibus Crime Control and
Safe Streets Act of 1968 to enable the States
and municipalities to deal more effectively
with that problem, and for other related
purposes: to the Committee on the Judiciary.
H.R. 188, A bill to amend title 28 of the
United States Code to provide for the dis-
semination and use of criminal arrest rec-
ords In a manner that insures their security
and privacy; to the Committee on the
Judiciary.
By Mr, HECHLER of West Virginia:
H.R 189. A bill to prevent construction of
a dam on New River; to the Committee on
Interstate ar.d Foreign Commerce.
H.R 190. h bill to prohibit the Tennessee
Valley Authority from acquiring or utilizing,
in carrying out its operations and functions,
any coal mined by surface coal mining meth-
ods; to the Committee on Public Works.
H.R, 191. A bill to provide a national pro-
gram In order to make the international
metric system the predominant but not the
exclusive system of measurement in the
United States and to provide for converting
to the general use of such system within 10
years; to the Committee on Science and
Astronautics.
H.R. 192. A bin to amend title 38 to pro-
vide that service in the Women's Army Auxi-
liary Corps shall be considered active duty
in the Armed Forces of' the United States;
to the Committee on Veterans' Affairs.
By Mr, HELSTOSKI:
H.R. 193. A bin to amend the Hazardous
Materials Transportation Control Act of 1970
to require the Secretary of Transportation
to isue regulations providing for the pla- •
c;.rdi-ng of certain vehicles transporting haz-
ard->us materials In Interstate and foreign
c.^mnlerce, and for other purposes; to the
C.'iriimittee on Interstate and Foreign Com-
niTCP. .
H.R. 194. .\ bill to provide financial aid for
looal Pre departments In the purcha.se of
flrc.'ishtltig suits and self-contalnfed breath-
ing appar.itus; to the Committee on Science
and Astronautics.
H R. 195. A bill to establish a National Fire
Data and Information Clearlnghou.<:e, and
for other purposes; to the Committee on Sci-
ence and Astronautics,
H R. 196. A bUl to provide fot the creation
of tie National Fire Academy, and for other
purposes; to the Committee on Science and
Astronautics.
H.R. 197. A bill to provide the Secretary
of Commcr-e with the authority to make
grants to States, counties, and local com-
munities to pay for up to one-half of the
costs of training programs for firemen; to
the Committee on Scleiice and Astronautics.
H.R. 198. A bni to pirovide financial aid to
local fire departments in the purchase of ad-
vanced firefighting equipment; to the Com-
mittee on Science and Astronautics.
H.R, 199. A bin to provide the Secretary of
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
Commerce with the authority to make grants
to accredited Institutions of higher education
to pay for up to one-half of the costs of fire
scierfce programs; to the Committee on Sci-
ence and Astronautics.
By Mr. DON H. CLAUSEN:
H.R, 200. A bUl to establish a contiguous
fishery zone (200-mile limit) beyond the ter-
ritorial sea of the United States; to the Com-
mittee on Merchant Marine and Fisheries. ■
By Mr. KING:
H.R. 201. A bUl to amend titles 10 and 14,
United States Code, to require a cadet or
graduate of a military academy to refund a
portion of the cost of his educational training
received at the Academy. If he is separated by
reason of conscientious objection before com-
pleting the course of Instruction at the Acad-
emy or his active duty obligation; to the
Committee on Armed Services.
H.R. 202. A bill to amend the Internal Rev-
enue Code of 1954 to allow a taxpayer a de-
duction from gross Income for tuition and
certain transportation expenses paid by him
In connection with education of himself, his
spouse, or any of his dependents at an Insti-
tution of higher education; to the Committee
on Ways and Means.
By Mr MAILLIARD:
HR. 203. A bUl to amend title III of the
National Housing Act to authorize the Gov-
ernment's National Mortgage Association to
guar.i.ntee obligations Issued by State agen-
cies to finance low- and moderate-Income
housing; to the Committee on Banking and
Currency,
By Mr. MELCHER (for himself, Mr,
Alexander, Mr. Bergland, Mr. Bur-
LisoN of Missouri, Mr, Denholm,
Mr, HtiNGATE, and Mr, LrrroN) :
H.R. 204. A bill to amend the Budget and
Accounting Act of 1921 to require the advice
- and consent of the Senate for appointments
to Director of the Office of Management and
Budget; to the Committee on Government
Operations.
By Mr, METCALFE :
H.R. 205. A bni to prohibit the Importa-
tion, manufacture, sale, purchase, transfer,
receipt, or transportation of handguns. In
any manner affecting Interstate or foreign
commerce, except for or by members of the
Armed Forces, law enforcement officials, and,
as authorized by the Secretary of the Treas-
ury, licensed Importers, manufacturers, deal-
ers, and pistol clubs; to the Committee on
the Judiciary,
HR 206. A bni to provide for the com-
pen,sation of Innocent victims of violent
crime In need: to make grants to States for
TRP^payment of such compensation; to au-
thorize an insurance program and death and
disability benefits for public safety officers;
to provide civil remedies for victims of rac-
keteering activity; and for other purposes;
to the Committee en the Judiciary.
H.R. 207. A bni to a.sslst in reducing crime
by requiring speedy trials In cases of persons
chartjed with violations of Federal criminal
laws, to strengthen controls over daiigerous
defendants released prior to trial, to provide
iVieans for effective supervision and contrpl of
such defendants, and for other purposes; to
the Committee on the Judiciary.
By Mrs. MINK:
- H.R. 208. A bill to authorize the Secrc^';ry
of Health, Education, and Welfare to make
grants to conduct special educational pro-
grams and activities designed to achieve edu-
cational equity for all students, men, and
women, and for other related educational
purposes; to the Committee on Education
and Labor,
By Mr. MURPHY of New York:
H.R. 209, A hill to amend the Communica-
tions Act of 1934 In order to provide for the
regulation of networks; to the Committee on
Interstate and Foreign Commerce.
By Mr. ROE:
H.R. 210. A bill to Insure International co-
operation In the prosecution or extradlctlon
43
to the United States of persons alleged to
haie committed aircraft piracy against the
laws of the United States or International
lav.-; to the Committee on Interstate and
Foreign Commerce.
By Mr. RONGALIO of Wyoming:
H.R. 211. A bill tO| amend sectjon 4182 of
the Internal Revenue^gode of 1954; to the
Committee on Ways amj Means.
H.R. 212. A bill to provide that railroad
employees may rttire on a full annuity at
age 60 or after serving 30 years; to provide
that such annuity for any month shall, be
not less than one-half of the Individual's
average monthly compensation for the 5
years of highest earnings, and for other pur-
poses; to the Committee on Interstate and
Foreign Commerce.
H.R. 213. A bill to provide for the equaliza-
tion of the retired pay of members of the
uniformed services of equal grade and years
of service; to , the Committee on Armed
Services. j /'
H.R. 214. A bill to amend section 35 of the
Mineral Leasing Act of 1920 with respect to
the disposition of the proceeds of sales,
bonuses, royalties, and rentals under such
act: to the Commiitee on Interior and Insular
Affairs,
H.R. 215, A bill to authorize the Secretary
of the Interior to construct, operate, and
maintain the Polecat Bench area of the Shp-
shone extensions unit, Pick-Sloan Missouri
Basin program, Wyoming, and for other pur-
poses: to the Committee on Interior and
Insular Affairs.
By Mr. RUNNELS:
H.R. 216 A bill to repeal the Gun Control
Act of 1968. to reenact the Federal Firearms
Act, to make the use of a firearm to commit
certain felomes a Federal crime where that
use violates State law, and for other pur-
poses; to the Committee on the Judiciary.
By Mrs. SULLIVAN:
HR.217. A bill to amend title II of the
Social Security Act to provide that no reduc-
tion shall be made in old-age Insurance bene-
fit amounts to which a woman Is entitled If.
she h.-is 120 quarters of coverage: to the Com-*
mittee on Ways and Means.
By Mr. VEYSEY:
H.R. 218. A bill to amend the Social Secu-
rity Act to make certain that recipients of aid
or assistance under the various Federal-State
public assistance and medicaid progrrams
(and recipients of assistance under the vet-
erans' pension and compensation programs or
any other Federal or federally assisted pro-
gi-am) will not have the amoiint of such aid
or assistance reduced because of Increases In
monthly social secirlty benefits; to the Com-
mittee on Ways and Means,
H R. 219, A bill to promote the use of low-
pollution motor fuels by equalizing the tax
treatment of liquified and compressed na-
tural gas; to the Committee on Ways and
Means. "
By Mr, WYMAN:
HR. 220. A bill to create a corporation for
profit to develop commercially feasible proc-
esses for the conversion of coal to crude oU
and other liquid and gascou^ hydrocarbons,
and for other purpo.scs; to the Committee on
Interstate and Forelgij Commerce,
Bv Mr, YOUNG of FlorlSa:
H.R. 221. A bin to amend title 10, United
States Code, to equalize the retirement pay
of members of the uniformed services of
equal ranks and years of service, and for other
purposes; to the Committee on Armed Serv-
ices,
By Mr, KASTENMEIER:
H.R. 222. A bni to provide for the appoint-
ment of an additional district Judge for the
western district of Wisconsin; to the Com-
mittee on the Judiciary.
ByMs. ABZUG:
H R 223. A bill to amend the Food Stamp
Act of 1964; to the Committee on Agriculture.
H.R. 224. A bni to amend title 10 of the
United States Code to provide that abortions.
sterilizations, and family planning services
be performed In faculties of the uniformed
services, and for other purposes; to the Com-
mittee on Armed Services,
H.R. 225. A bin to amend the Economic
Stabilization Act of 1976 to exempt from Its
provisions fringe benefits offered in connec-
tion with a contract of employment: to the
Committee on Banking and Currency,
H,R, 226. A bUl to make needed housing
available for the elderly; to the Committee
on Banking and Currency,
H.R. 227, A bill to establish a program of
direct loans to tenant and other nonprofit
organizations to assist In the rehabuitatlon
of substandard multlfamily housing for occu-
pancy by low-income and nioderate-lncame
persons; tj the Committee On Bankl:ig and
Currency,
H.P.. 228. A bill to amend t|he US, Housing
Act of 1937 to provide foi grants to local
public housing agencies to assist in financing
security arrangements desig.ied to prevent
crimes a:-,d otherwise Insure the safety and
well-bolns of low-rent housSng tenants; to
the Committee c:i Banking and Currency.
H R. 229. A bill to ^end section 236 of
the National Housing Act and section 101
of the Housing and Urb^n Development Act
of 1965 to reduce from 25 to 20 percent
of the tenant's Income th? ma.\imum rent
which may.be charged f.r a dwelling unit
In a section 236 project or a dwelUne unit
qualifying for assistance under the renl sup-
plement program; to the Committee on
Banking and Currency,
H R. 230. A bill to establish a National
Bank fof Cooperative Housing; to aid (n finan-
cing the purchase and construction of low-
and middle-Income corper.itive ho-j^ing; to
the Committee on Banking and Currency.
H.R. 231. A bin.to amend the Urban Mass
Transportation Act of 1964 to authorize
grants and loans to private nonprofit orga-
nizations to assist them In providing trans-
portation service meeting the special needs of
elderly and handicapped person-^- to the
Committee on Banking and Cxirrcr.cv.
H.R. 232. A bin to prortde a comprehensive
program of employment services and oppor-
tunities for middle-aged and older Ameri-
cans; to the Committee on Education and
Labor.
HR. 233. A bUl to provide for an immediate
end to U.S. Involvement In hostllitlee in and
over Indochina, for the signing of a peace
agreement with the Democratic RepubUc of
Vietnam, and for the withdrawal of all U S
Armed Forces and Defense Department per-
sonnel from Indochina, and for other pur-
po^s; to the Committee on Foreign Afl-alrs
H^R 234, A bill to establish a Department
of Eierer Affairs, and for other purposes- to
the Committee on Government Operations
H.R. 235, A bill to amend the Federaj Avia-
tion Act of 1958 and the Interstate Oom-
, merce Act In order to authorize free or re-
I duced rate transportation for persons who
are 62 years of age or older; to the Commit-
tee on Interstate and Foreign Commerce.
H.R. 236. A bill to exonerate and to pro-
vide for a general and unconditional amnesty
for certain persons who have violated or are
alleged to have violated laws in the course
of protest against the Involvement of the
United States in Indochina, and for other
purposes; to the Committee on the Judiciary.
H.R. 237. A bni to amend the Public Works
and Economic Development Act of 1965; to
the Committee on Public Works.
H.R. 238. A bill to require the President
to notify the Congress whenever he Im-
pounV^ funds, or authorizes the impounding
of fun«s. and to provide a procedure under
which the House of Rejjresentatives and the
Senate may approve the President's action or
require the President to cease such action;
to the Committee on Rules.
H.R. 239. A bUl to amend section 203(e) (2)
of the Federal -State Extended Unemploy-
J
44
ment
mf-
BlR
Ind
owr
tax
on
HlR
tra: e
full
due
Cod
cap
con
othjr
and
H
ie
Fed '
pro
aid.
crejfees
to :i
h{r
the
ded
tioils
le; hi
ur.
r.
fits
benefit,
will
to
hea
and
the
Soc
tior
su
chaj-ge
ser\
sist
Compensation Act of 1970; to the Com-
ee on Ways and Means.
240. A bill to provide relief to certain
iduals 62 years of age and over who
or rent their homes, through income
credits and refunds; to the Committee
Vays and Means.
. 241. A bill to amend the tariff and
laws of the United States to promote
employment and restore a diversified pro-
;ion base; to amend the Internal Revenue
; of 1954 to stem the outflow of U.S.
tal, Jobs, technology, and production,
rol multinational corporatio.is, and for
purposes: to the Committee on Ways
Means.
H. 242. A bill to make certain that recip-
of aid cr assistance under the various
ral-State public asslBtance and other aid
rams will not have the amount of s;<ch
or assistance reduced beciuse of In-
n monthly social security benefits;
e Committee en Ways and Means.
213. A bill to amend title XVIII of
Social Security Act to eliminate all the
ictibles, coinsurance, and time lanita-
presen^ly applicable to benefits there*
r, to eliminate medicare raxes as the
0(X of financing ho^p.tal insurance bene-
md premium payments as the method of
ng supplementary medical insurance
3 i.50 that all benefits under such title
be financed from general revenues ) , and
ide payment for e^ care, dental care,
Ing aids, pre5crlQ|»!mrdrugs, prosthetics,
certain Mhe^'^nis not new covered; to
Committe^mT Ways and Means.
244. a^i'd to amend title XIX of the
al Security Act to prohibit the imposi-
of any deduction, C'Ost sharing, coln-
ince, enrollment fee, premium, or similar
with jjc.spect to individuals receiving
ces uncief' a State plan for medical as-
nce; to the Committee on Ways and
I rovi
K.R
h
ices
soc
and
by
tra
stalus
th
m
Bai k
I
tlo
anc
an',
"sta
otl
ing
CONGRESSIONAL RECORD — HOUSE
January 3, 1973
Me^ns.
By Ms. ABZUG (for herself, Mr.
BAD5LLO. Mr. Bingham, Mr. Conte,
Mr. CorfYERS, Mr. Corman. Mr. Fish.
Mr. Gibbons, Mr. Harrington, Mr.
Koch. Mr. McCloskey, Mr. Podell,
Mr. Pangel. Mr. Riegel, Mr. Rosen-
thal, and Mr. Tiernan) :
R. 245. A bill to exempt child care scrv-
f r )m the celling on expenditures for
il services; to the Committee on Ways
Means.
By Ms. ABZUG (for herself, Mr.
Bell, Mr. Bingham, Mr. Conte, Mr.
CoRMAN, Mr. Gibbons, Mr. Harring-
ton, Miss Hoitzman, Mr. Koch, Mr.
Lent. Mr. McCloskey, Mr. Moss, Mr.
0"Hara. Mr. Podell, Mr. Pangel, Mr
Rees. Mr. RiEGLE, Mr. Rosenthal,
Mr. SrcTDDS, and Mr. Tiernan) :
R. 246. A bill to prohibit discrimination
ny party to a federally related mortgage
sactlon on the basis of sex or marital
and to require all parties to any such
tratsaction to submit appropriate reports
efeon for public inspection; to the Com-
e on Banking and Currency.
R. 247. A bill to amend the Truth In
Leiiding Act, to prohibit discrimination by
crei liters against individuals on the basis
ex or marital status with respect to the
extension of 'credit; to the Committee on
ing and Currency.
.R. 248. A bill to prohibit discrlmlna-
i by any federally insured bank, savings
loan association, or credit union against
individual on the ba.sis of sex or marital
us in credit transactions and in con-
nection with applications for credit, and for
purposes: to the Committee on Bank-
and Currency.
By Ms. ABZUG ffor her.self, Mr. Bell,
Mr. CoRMAN. Mr. Gibsons. Mr. Har-
rington. Miss Holtzman, Mr. Koch,
Mr. Moss, Mr. O'Hara, Mr. Podell,
Mr Rangel. Mr. Riecle, Mr. Rosen-
thai..' and Mr. TiffiNANi :
II R 249. A bill to prohibit discrimination
it tee
,1 ;r
Mr.
on the basis of sex, and for other purposes;
to the Committee on the Judiciary.
By Ms. ABZUG (for herself, Mr. Ba»il-
Lo. Mr. CoNYERs, Mr. Gibbons, Mr.
Harrington, Mr. Koch, Mr. McClos-
key, Mr. Podell, Mr. Rancel, Mr.
Rees, Mr. Riegle, Mr. Rosenthal,
and Mr. Tiernan) :
H.R. 250. A bill to provide a comprehensive
child development program in the Depart-
ment of Health, Education, and Welfare; to
the Committee on Education and Labor.
By Ms. ABZUG (for herself, Mr. Babil-
Lo, Mr. CoNiE, Mr. Conyers, Mr.
. i Harrington, Mr. Koch, Mr. Mc-
, ] Closkey, Mr. Podell, Mr. Rancel,
\ Mr. Rees, Mr. Riegle, Mr. Rosenthal,
and Mr. Tiernan) :
H.R. 251. A bill to amend the Internal
Revenue Code of 1954 in relation to deduc-
tion for business expenses for care of cer-
tain dependents; to the Committee on Yfays
and Means.
By Ms. ABZUG (for herself,
I Badillo, Mr. CoNYERS, Mr. Harring-
i « TON, Mr. Podell, and Mr. Tiernan) :
H.R. 252. A bill to amend title II of the
Social Security Act to provide that an in-
dividual who resides with and maintains a
hoasehold for another person or persons
(while such person or any of such persons is
employed or self-employed) shall be aon-
sidered as performing covered services In
maintaining such household and shall be
credited accordingly for benefit purposesf to
the Committee on W.^ys and Means.
By Ms. ABZUG (for herself, ,Mr.
Badillo, Mr. Conyers, Mr. HarrIng-
^ j' TON, Mr. Podell, and Mr. RoSen-
1 thal) :
H.R. 253. A bill to amend title II of the
Social Security Act to reduce from 20 lo 5
years the length of time a divorced woman's
marriage to an insured individual must have
lasted in order for her to qualify for wife's
or widow's benefits on his wage record; to tha
Ccanmittee on Ways and Means.
By Ms. ABZUG (for herself.
, Badillo. Mr. Conyers, Mr. GiBBaNS,
Mr. Harrincion, Mr. McCloskey, Mr.
Podell, and Mr. Rangel) :
H.R. 254. A bill to enforce the constitu-
tional right of females to terminate preg-
nancies that they do not wish to continue;
to the Committee on the Judiciary.
By Ms. ABZUG (for herself, [Mr.
BXdillo, Mr. Gibbons, Mr. Harriing-
TON, Mr. Koch, Mr. Moss, and Mr.
PoDell) :
HR. 255. A bill to prohibit any Insttru-
mentallty of the United States from using as
a prefi.x to the n.-ime of any person any title
which indicates marital status, and for otiher
purposes; to the Committee on the Judiciary.
By Mr. ANDERSON of California:
H.R, 256. A bill to limit Federal payments
to Individual farm producers to $10,000 per
crop per farm; to the Committee on Agricul-
ture.
H.R. 257. A bill to amend title 10, United
States Code, to equalize the retirement pay
of member- of the uniformed services of equal
rank and years of service, and for other pur-
poses: to the Committee on Armed Services.
H.R. 258. A bill to provide for public dis-
closure by Members of the House of Repre-
sentatives. Members of the U.S. Senate, jus-
tices and jiidges of the U.S. courts, and pol-
Icv-maklng officials of the executive branch as
designated by the Civil Service CommisslDn,
but including the Pre.sldent. Vice President,
and CTiblnet members; and by candidates for
the House of Representatives and the Senate,
the Presidency, and the Vice-Presidency; and
to give the House Committee on .Star.dards
of Official Conduct, the Senate Select Com-
mittee on Standards and Conduct, the Di-
rector of the Administrative Office of the U.S.
Courts, and the Attorney General of the
United States appropriate Jurisdiction; |to
the Committee on the Judiciary.
iMr.
H.R. 259. A bill to amend title 23 of the
United States Code to authorize construc-
tion of exclusive or preferential bicycle lanes,
and for other purposes; to the Committee on
Public Works.
H.R. 260. A bill to provide for the estab-
lishment of a national cemetery in Los An-
geles County in the State of California; to
the Committee on Veterans' Affairs.
By Mr. ANDERSON of California (for
himself and Mr. Matsunaga) :
H.R. 261. A bill to establish the Cabinet
Committee for Asian American Affairs, and
for other purposes: to the Committee on
Government Operations.
By Mr. ANNUNZIO:
H.R. 262. A bill to amend the Labor-Man-
agement Reporting and Disclosure Act of 1959
with respect to the terms of office of officers
of local labor organizations; to the Commit-
tee on Education and Labor.
H.R. 263. A bill to amend the Legislative
Reorganization Act of 1946 to provide for
annual reports to the Congress by the Comp-
troller General concerning certain price In-
creases in Government contracts and cer-
tain failures to meet Government contract
completionr dates: to the Committee on Gov-
ernment Operations.
H.R. 264. A bill to establish a Federal pro-
gram to encourage the voluntary donation
of pure and safe blood, to require licensing
and In.spectlon of all blood banks, and to
establish a national registry of blood donors;
to the Committee on Interstate and Foreign
Commerce.
H.R. 265. A bill to amend the Communica-
tions Act of 1934. to establish orderly pro-
cedures for the consideration of applications
for renewal of broadcast licenses: to the
Committee on Interstate and Foreign Com-
merce.
H.R. 266. A bill to authorize the Attorney
General to make grants to certain law en-
forcement officers in reimbursement lor costs
incurred by such officers in certain legal
actions arising out of the performance of
official duties: to the Committee on the Ju-
dreiary.
H.R. 267. A bill to amend the Immigration
and Nationality Act to facilitate the entry
of foreign tourists Into the United States,
and for other purposes; to the Committee
on the Judiciary.
H.R. 268. A bill to amend section 203(a) (2)
of the Immigration and Nationality Act to
provide that parents of lawful resident aliens
shall be eligible for second preference im-
migrant visas; to the Committee on the
Judiciary.
HR. 269. A bill to amend the Omnibus
Crime Control and Safe Streets Act of 1968
to provide a system for the redress of law
enforcement officers' grievances and to estab-
lish a law enforcement officers' bill of rights
in each of the several States, and for other
purposes: to the Committee on the Judiciary.
H.R. 270. A bill to amend the Omnibus
Crime Control and Safe Streets Act of 1968
to provide a Federal minimum death and
dismemberment benefit of public safety offi-
cers or their surviving dependents; to the
Committee on the Judiciary.
H.R. 271. A bill to amend the River and
Harbor Act of 1970 relating to the Chicago
River, 111.; to the Committee on Publio
Works.
H.R. 272. A bill to amend section 109 of
title 38, United States Code, to provide hos-
pital end medical care to certain members
of the armed forces of nations allied or asso-
ciated with the United States In World War
I or World War II; to the Committee on Vet-
er.ins' Affairs.
H.R. 273. A bill to amend the Internal
Revenue Code of 1954 to allow a deduction,
for Income tax purposes, based on expenses
Incurred by the taxpayer for the higher edu-
cation of bis children; to the Committee on
Ways and Means.
H R. 274. A bill to amend the Internal Rev-
X
Jamiary 3, 1973
CONGRESSIONAL RECORD — HOUSE
45
enue Code of 1954 to permit an exemption,
In an amount not exceeding the maximum
social security benefit payable in the taxable
year involved, for retirement Income received
by a taxpayer under a public retirement sys-
tem or under any other system if the tax-
payer Is at least 65 years of age; to the Com-
mittee on Ways and Means.
H.R. 275. A bill to amend title II of the
Social Security Act to increase to $750 in all
cases the amount of the lump-sum death
payment thereunder; to the Committee en
Ways and Means.
H.R. 276. A bill to amend title XVIII of
the Social Security Act to require that Pub-
lic Hedlth Service hospitals. Veterans' Ad-
ministration hospitals, and hospitals receiv-
ing assistance under the Hlll-Burton Act
make available to persons entitled to bene-
fits under the medicare program, at cost,
prescription drugs not covered under that
program, eyeglasses, and hearing aids; to the
Committee on Ways and Means.
By Mr. ANNUNZIO (for himself, Mr.
Carney of Ohio, and Mr. Dent) :
H.R.-277. A bill to amend the act of March 2,
1931, to provide that certain proceedings of
the Italian American War Veterans of the
United States. Inc.. shall be printed as a
House dot ument, and for other purposes; to
the Committee on House Administration.
By Mr. ASHBROOK:
H.R. 278. A bill to amend section 4 of the
Internal Security Act of 1950; to the Com-
mittee on Internal Security.
H.R. 279. A bill to protect the safety and
welfare of American workers by providing for
a uniform system of identification for all re-
ceptacles containing compres.sed gas; to the
Committee on Interstate and Foreign Com-
merce.
H.R. 280. A bill to make It a Federal crime
to kill or assault a fireman or law-enforce-
ment officer engaged in the performance of
his duties when the offender travels in in-
terstate commerce or uses any facility of
Interstate commerce for such purposes; to
the Committee on the Judiciary.
H.R. 281. A bill to amend chapter 44 of title
18, United States Code, to exempt ammuni-
tion from Federal regulation under the Gun
Control Act of 1P68: to the Committee on the
Judiciary.
H.R. 282. A bill to extinguish Federal court
* Jurisdiction to require attendance at a par-
ticular school of any student, because of race,
color, creed, or sex; to the Committee on
the Judiciary.
H.R. 283. A bill to guarantee that every
employee of the Federal Government shall
have the right to refrain from union ac-
tivity; to the Committee on Post Office and
Civil Service.
H.R. 284. A bill to modify ammunition
recordkeeping requirements; to the Com-
mittee on Ways and Means.
H.R. 285. A bill to extend to all unmarried
Individuals the full tax benefits of Income
splitting now enjoyed by married Individ-
uals filing joint returns; to the Committee
on Ways and Means.
H.R. 286. A bill to amend the Internal
Revenue Code of 1954 to allow an Income
tax credit for tuition expenses of the tax-
payer or his spouse or a dependent at an
institution of higher education, and an addi-
tional credit for gifts or contributions made
to any institution of hTgher education; to the
Committee on Ways and Means.
- H.R. 287. A bill to amend title II of the
Social Security Act to Increase to $3,000 the
amount of outside earnings permitted each
year without deductions from benefits there-
under: to the Committee on Ways and Means.
H.R. 288. A bill to amend the Social Se-
curity Act to provide for medical and hospital
care through a system of voluntary health
Insurance Including protection against the
catastrophic expenses of Illness, financed in
whole for low-Income groups through Is-
suance of certificates, and in part for all
other persons through allowance of tax cred-
its; and to provide effective utilization 'of
available financial resources, health man-
power, and facilities; to the Committee on
Ways and Means.
By Mr. BELL:
H.R. 289. A bill to amend the Land and
Water Conservation Fund Act of 1965, as
amended; to the Committee on Interior and
Insular Affairs. . *
H.R. 290. A bill to establish In the S^te of
California the Toyon National Urban Park;
to the Committee on Interior and Insular
Affairs.
By Mr. BENNETT:
H.R. 291. A bill to protect the constitu-
tional rights of those subject to the military
justice system, to revise the Uniform Code of
Military Justice, and for other purposes; to
the Committee on Armed Services.
H.R. 292. A bill to amend chapter 47 (Uni-
form Code of Military Justice) of title 10,
United States Code, to make certain improve-
ments thereUi; to the Committee on Armed
Services.
H.R. 293. A bin to amend title 10, United
States Code, to permit the recomputatlon of
retired pay of certain members and former
members of the Armed Forces; to the Com-
mittee on Armed Services.
H.R. 294. A bill to require that employee
pension plans meet certain minimum vesting
and funding requirements; to the Committee
on Education and Labor.
H.R. 295. A bill to eliminate hunger in the
United States; to the Committee on Educa-
tion and Labor.
H.R. 296. A bill to amend the act of June 27,
19C0 (74 Stat. 220), relating to the preserva-
tion of historical and archeologlcal data; to
the Committee on Interior and Insular
Affairs.. '
H.R. 297. A bill tft,amend section 4 of the.
Internal Security Act of 1950; to the Com-
mittee on Internal Security.
H.R. 298. A bill to assist In combating
crime by reducing the incidence of recidiv-
ism, providing Improved Federal, State, and
local correctional facilities and services,
strengthening administration of Federal cor-
rections, strengthening control over proba-
tioners, parolees, and persons found not
guUty by reason of insanity, and for other
purposes: to the Committee on the Judiciary.
H.R. 299. A bill to amend the act of Feb-
ruary 24, 1925, incorporating the American
War Mothers, to permit certain stepmothers
and adoptive mothers to be members of that
organization; to the Committee on the
Judiciary,
H.R. 300. A bill to amend title 5. United
States Code, to correct certain Inequities In
the crediting of service in the National
Guard (Including technician service) for
purposes of civil service retirement; to the
Committee on Post Office and Civil Service.
H.R. 301. A bill to permit a State vtrhlch
has completed its portion of the Interstate
System to use funds from the highway trust
fund for urban mass transportation projects,
and to Increase the Federal share of the cost
of such projects; to the Committee on Public
Works.
H.R. 302. A bill to provide an annual gen-
eral outline of the current Federal budgetary
and fiscal situation, and for other purposes-
to the Committee on Rules.
H.R. 303. A bill to provide for disclosure
by lobbyists and for other purposes; to the
Committee on Standards of Official Conduct.
HR. 304. A bill to amend chapter 15 of
title 38, United States Code, to provide for
the payment of pensions to World War I
veteran* and their widows, subject to $3,000
and $4,200 annual Income limitations; to
provide for such veterans a certain priority
In entitlement to hospitalization and medi-
cal care; and for other purposes; to the Com-
mittee on Veterans' Affairs.
H.R. 305. A bill to authorize the Architect
of the Capitol to accept gifts of money for
\
the enhancement of the Capitol Building or
Grounds; to the Committee on Ways and
Means.
H.R. 306. A bill to amend titles U and
XVIII of the Social Security Act to remove
the earnings limitation, to permit benefit
payments to a widow, parent, or child de-
spite his on her marriage if such marriage is
annulled, to allow an Individual to have
military service excluded in the computation
of his benefits in order to tise such service
for a civil service retirement annuity, to pro-
vide coverage for certain teachers, to provide
for pajTnent of prorated benefits for the
month in which a beneficiary (or the insured
individual) dies, to permit State agreements
for hospital insurance coverage, and to pro-
vide supplementary medical insurance cov-
erage for certain services furnished an in-
dividual at his home by a medical technician
or registered nurse; to the Committee on
Ways and Means.
H.R. 307. A bill to amend the Social" Se-
curity A"t to provide for medical and hospital
care througlra system of voluntary health in-
su-ancc including protection agaiiist the cat-
astrophic e.\pen&es of illness, financed in
w'lole for low-income groups and In part for
others through the issuance of redeemable
certificates; and to provide effective utiliza-
tion of available financial resources, health
ma-ipower, and facilities; to the Committee
en Way.s and Means. »
H.R. 308. A bill to encourage employment
among the needy; to the Committee on Ways
and Means.
- By Mr. BENNETT (for himself, Mr.
Pharles H. Wilson pf California, Mr,
Stratton, Mr. King, Mr. Randall,
Mr. White, Mr. Mollohan, Mr.
Spence, and Mr. Harrington > ;
H.R. 309. A bill to amend section 203 of
title 37, United States Code, to provide addi-
tional pay for permanent professors at the
U.S. Military Academy, U.S. Naval Academy,
U.S. Air Force Academy, and U.S. Coast
Guard Academy; to the Committee on Armed
Services.
By Mr. BENNETT (for himself. Mr. Bob
Wilson, Mr. Matsi-jiaga, Mr. Steige*
of Wisconsin, Mr. Badillo, Mr. Hast-
ings, Mr. Hosmer, Mr. Ware, Mr.
Harrington, Mr. Latta. Mr. Mayne,
Mr. Edwards of California, Mr.
Whitehuhst, Mr. Clark, Mr. Alex-
ander, Mr. O'Hara, Mr, Keating, Mr.
Ichord, and Mr. Broyhill of Nortli
Carolina) :
H.R. 310. A bill to amend chapter 5 of title
37, United States Code, td revise Uie special
pay structure relating to members of the uni-
formed services, and for other purposes; to
the Committee on Armed Services.
By Mr. BEVILL:
H.R. 311. A bill to amend the Communica-
tions Act of 1934 to establish orderly proce-
dures for the consideration of applications
for renewal of broadcast licenses; to the
Committee on Interstate and Foreign Com-
merce.
H.R. 312. A bill to amend the Federal Trade
Commission Act (15 U.S.C, 41) to provide
that under certain circumstances exclusive
territorial arrangements shall not be deemed
unlawful: to the Committee on Internee/
and Foreign Commerce. — ^
By Mr. BIAGGI:
H.R. 313. A bill to amend the Economic
Stabilization Act of 1970 to provide that
rents shall not be exempted from any appli-
cation of this act solely upon the ground
that such rents are subject to local rent
control laws; to the Committee on Banking
and Currency.
H.R. 314. A bill to amend the studeirt loan
provisions of the National Defense Education
Act of 1958 to provide for cancellation of
student loans for service In mental hospitals
and schools for the handicapped; to the
Committee on Education and Labor.
H.R. 315. A bill to pay grants to students
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CONGRESSIONAL RECORD — HOUSE
January 3, 1973
lied In psychology, sociology, or social
in Institutions of higher education to
oui-age their part-time employlneut and
laical training In certain hospitals for men-
rehablUtatlon; to the Committee on Ed-
tion and Labor,
By Mr. BINGHAM:
R. 316. A bill to protect the constltu-
rights of those subject to the military
tlce system, to revise the Uniform Code
Military Justice, and for other purposes;
the Committee on Armed Services.
R. 317. A bill governing the' use of the
Forces of the United States In the
e of a declaration of war by the Con-
to the Committee on Foreign Affairs.
IK'. 318. A bill to provide for j-elmburse-
nt cf U.S. cities for a portion of e.\penses
In conr.ectlon with the entertaln-
at of foreign officials: to the Committee
Foreign Affairs.
i R. 319. A bin to encourage and assist
States In registering voters and In
iieving efficient and convenient conduct of
ions, and to establish within the Bureau
the Census an Election As.-^lstance and
Registration Administration to carry
a program of election assistance, and
other purposes: to the Committee on
se AdnilnLstratlon.
R. 320. A bill to carry out the recom-
ndations of the Presldeiitlal Task Force
Women s Rights and Responsibilities, and
other purposes; to the Committee on the
iclary
R. 321. A bill to amend title 38 of the
States Code to provide for cost-of-
i\% increases in compensation, depend-
y, and' indemnity compensation, and
islon payments; to the Committee on Vet-
s' Affairs.
■I.R 322. A bill to provide credit against
ividual income tax for tuition paid for
^mentary or secondary education of de-
s. to the Committee on Ways and
a:is
By Mr. BINGHAM (for himself, Ms.
Abzvg, Mr. Badillo, Mr. Bell, Mr.
Bra^co, Mr. Burton, Mr. Conte. Mr.
CoNYEBS, Mr. Drinan, Mr. Edwards
of California. Mr. Eilberg, Mrs. Gras-
so, Mr. Harrington, Mr. Hechler of
West Virginia, Mr. Helstoski, Mr.
Mollohan, Mr. Moss. Mr. O'Hara,
Mr. Podell, Mr. Rancel, Mr. Rosen-
thal. Mr. Roybal, Mr. Ryan. Mr.
Seiberling. and Mr. Stokes) :
•I R 323. A bill to amend the Federal Food,
and Cosmetic Act to provide for the
nsing of food manufacturers and proces-
and for other purpos^; to the Commit-
on Interstate and Foreign Commerce.
By Mr. BOLAND:
a.R. 324. A bill to preserve and promote
resources of the Connecticut River Val-
, and for other purposes; to the Committee
Interior and Insular Affairs.
H.R. 325. A bill to provide reimbursement
States and political subdivisions for police
National Guard overtime compensation
rred with respect to national policy: to
Comnalttee on the Judiciary.
H.R. 326. A bill to amend the Internal Rev-
Code of 1954 to provide an e.xemptlon
the income tax for any amounts received
ider a State or local retirement system:
the Committee on Ways and Means.
H R 327. A bill to allow a credit a^ralnst
ral income taxes or a payment from the
S Treasury for State and local real prop-
V taxes or an equivalent portion of rent
Id on their residence."; by individuals who
ve attained age 65: to the Committee on
vs and Means.
HRJ328. A wn to amend the tariff and
ide '^ws of the United States and for other
irDOJies: t6 the Committee on Ways and
e.{r*
By Mr BOLAND (for himself and Mr.
Conte) :
H R. 320. A bill to authorize the estab-
tte
H
er ue
frt>rTt
u
tc
lishment of the Springfield Armory National
Historic Site, Mass., an(J i.or other purposes;
to the Committee on Interior and Insular
Ailairs.
By Mr. BOLAND (for himself and Mr.
37i=r/'i5) :
H.R. 3.iO. A bill to establish the Nantucket
SoitUd Isla';(.s iriist, to preserve and con-
serve the sr^ld Islands, and for other pur-
poses; to the Committee on Interior and In-
sular A.Tairs.
By Mr. BRADEMAS:
H.R. 331. A bill to amend the Education
of the Handicapped Act to provide for im-
proved opportunities for handicapped per-
sons, and for other purposes; to the CoAi-
mittee on Education and Labor.
By Mr. BRADEMAS (for himself, Mr.
Rostenkowski, and Mr. P.xtman ) :
H.R. 332. A bUl to provide for the Secretary
of the Department of Health, Education, and
Welfare to assist in the Improvement and op-
eration of museums; to the Committee on
Education and Labor.
By Mr. BROYHILL of North Carolina:
H.R. ZZy. A bill to provide authorizations
for appropriations for the regulatory agen-
cies ht the Federal Government for fisdal
years 1974, 1975. and 1976; to the Committee
on Interstate and Foreign Commerce.
H.R. 334. A blU to amend the Communi-
cations Act of 1934 to provide authoriza-
tion for appropriations for the Federal Com-
munications Commission for fiscal years
1974, 1975, and 1976; to the Committee On
Interstate and Foreign Commerce.
H.R. 335. A bill to amend the Federal Avia-
tion Act of 1958 to provide authorizations
for appropriations for the Civil Aeronautics
Board for fiscal years 1974. 1975, and 1076: |to
the Committee on Interstate and Foreign
Commerce.
H.R. 336. A bin to amend the Federal Pow-
er Act to provide authorizations for appro-
priations for the Federal Power Commission
for fiscal years 1974, 1975. and 1976; to the
Committee on Interstate and Foreign Coiji-
merce. '
H.R. 337. A bill to amend the Federal Trade
CcMjunisslon Act to provide authorizations for
appropriations for Federal Tr^de Commis-
sion for fiscal years 1974, 1975. and 1976; ito
the Committee on Interstate and Foreign
Commerce. .
H.R. 338. A bill to provide authorizations
for appropriations for the Food and Drtig
Administration for fiscal years 1974, 1975,
and 1976; to the Committee on Interstate and
Foreign Commerce.
H.R. 339. A bill to amend the Interstate
Commerce Act to provide authorizations fjar
appropriations for the Interstate Commerpe
Commission for fiscal years 1974. 1975, amd
1976; to the Committee on Interstate amd
Foreign Commerce. • ,
H.R. 340. A bill to amend the Securltlies
Exchange Act of 1934 to provide authoriza-
tions for appropriations for the Securltjes
and Exchange Commission for fiscal years
1974, 1975, and 1976: to the Committee on
Interstate and Foreign Commerce.
Bv Mr. BROYHILL of Virginia:
H.R. 341. A bill to prohibit the unlawfu'.
use of a rented motor vehicle; to the Com-
mittee on the District of Columbia.
H.R. 342. A bill to authorize the District of
Columbia to enter Into the Interstate agree-
ment on qualification of educational person-
nel; to the Committee on the District, of
Columbia.
H.R. 343. A bill to authorize the 101st Air-
borne Di^nslon Association to erect a memo-
rial in the District of Columbia or Its en-
virons: to the Committee en House Adminis-
tration.
H.R 344. A bill to amend title 5, United
States Code, to provide for the reclassifica-
tion of positions of deputy U.S. marshal, and
ioT other purposes; to the Committee on,
Post Office and Civil Service.
H.R. 345. A bill to amend title 5, Urilted
States Code, to improve the civil service re-
tirement benefits of employees eiigaged in
the enforcement of the criminal laws of the
United States, and for other purposes; to the
Committee on Post Office and Civil Service.
H.R. 346. A bill to amend the Internal Rev-
enue CDde of 1954 to encourage the purchase
and construction of railroad rolling stock by
persons other than common carriers; to the
Committee on Ways and Means.
H.R. 347. A bill to amend the Internal
Reveni;e Code of 1954 to provide an election
by certain foreign corporations to treat In-
terest Income as income connected with U.S.
business; to the Committee on Ways and
Means.
H.R. 318. A bin to amend the Internal
Revenue Code of IP.Si to subject Federal
land banks. Federal land bank a.ssoclatlons,
and Federal Intermediate credit banks to
the taxes Imposed by such code; to the Com-
mittee on Ways and Means.
H.R. 349. A bill to amend section 584 of
the Internal Revenue Code of 1954, relating
to common trust funds maintained by banks;
to the Committee on Ways and Means.
H.R. 350. A bill to amend the Internal
Revenue Code of 1954 to provide for cor-
rection of Inequities respecting losses of
retired pay sustained by certain individuals
who retired from the Armed Forces before
June 1. 1958; to the Committee on Ways
and Means.
H.R. 3.'n A bin to amend section 1033 of
the Internal Revenue Code cf 1954; to the
Committee on Ways and Means.
By Mr. BURKE of Massachusetts:
H.R. 352. A bill to amend section 5701(a)
(2) of the Internal Revenue Code of 1954 so
as to change the bracket tax on cigars to an
ad valorem tax; to the Committee on Ways
and Means.
H.R. 353. A bill to provide for a 6-month
extension of the emergency unemployment
compensation program: to the Committee on
Ways and Means.
By Mr. CAREY of New York:
H.R. 354. A bill to amend the Internal
Revenue Code of 1954 to allow a credit
against the individual income tax for tuition
paid for the elementary or secondary educa-
tion of dependents; to the Committee on
Ways and Means.
H.R. 355. A bill to exempt child care serv-
ices from the limitation imposed, by section
1130 of the Social Security Act upon the
amount payable to States as grants for social
services under the various Feaeral-State pub-
lic assistance programs; to the Committee
on Ways and Means.
By Mr. CARNEY of Ohio:
H.R. 356. A bill to amend the Economic
Stabilization Act of 1970 to provide that food
products shall not be exempt from guidelines
Issued which limit increases in the levels of
prices; to the Committee on Banking and
Currency.
H.R. 357. A bill to amend the Fair Labor
Standards Act of 1938 to increase the hourly
minimum wage rate to $2.25 and to extend
the coverage of such act; td the Committee
on Education and Latvor.
H.R. 358. A bill to require no-fault motor
vehicle Insurance as a condition precedent to
using the public streeta, roads, and highways
in order to promote arid regulate Interstate
commerce: to the Committee on Interstate
and Foreign Commerce.
H.R. 359. A bill to amend the Omnibus
Crime Control and Safe Streets Act of 1968
to enable tiriits of general local government
to Increase the number of police; to the
Committee on the Judiciary.
H.R. 360. A bill to provide for the' compen-
sation of persons Injured by certain criminal
acts, to make grants to States for the pay-
ment of such compensation, and for other
purposes: to the Committee on the Judiciary.
H.R. 361. A bin to amend title 5 of the
United States Code to make election day a
January 3, 1973
i
CONGRESSIONAL RECORD — HOUSE
47
i-
national holiday; to the Committee on the
Judiciary.
HJR. 362. A bill to amend certain provi-
sions of Federal law relating to the prefer-
ence to be given to American goods In con-
nection with the purchase of materials re-
quired for public use, and for other purposes;
to the Committee on Public Works.
H.R. 363. A bill to require the President
to notify the Congress whenever he Impounds
funds, or authorizes the Impounding of
funds, and to provide a procedure under
which the House of Representatives and the
Senate may approve the President's action
or require the President ta-'cease such ac-
tion; to the Committee on Rules.
H.R. 364. A bill to amend the Internal
Rfelenue Code of 1954 to provide a basic $5,-
000 exemption from Income tax. in the case
of an Individual or a married couple, for
amounts received as annuities, pensions, or
other retirement benefits; to the Committee
on Ways and Means.
H.R. 365. A bill to provide payments to
States for public elementary and secondary
education and to allow a credit against the
individual Income tax for tuition paid for
the elementary or secondary e4,ucatlon of
dependents; to the Committee on Ways and
Means.
H.R. 366. A bin to provide additional pro-
tection for the rights of participants in em-
ployee pension and profit-sharing-retirement
plans, to establish minimum standards for
pension and profit-sharing-retirement plan
vesting and funding, to establish a pensibn
plan reinsurance program, to provide for
portability of pension credits, to provide for
regulation of the administration of pension
and other emplovee benefit plans, and for
other purposes; to the Committee on Ways
and Means.
By Mr. CH.'\MBERLAIN:
H.R. 367. A bill to prohibit payments, un-
der programs administered by the Depart-
ment of Agriculture, in excess of .$10,000 to
any one producer in any one vear: to the
Committee on Agriculture.
H.R. 368. A bUl to provide that the fiscal
year of the United States shall coincide with
the calendar year; to the Committee on Gov-
ernment Operations.
H.R. 369. A bill to amend the Commimlca-
tlons Act of 1934 to establish orderlv pro-
cedures for the consideration of applications
for renewal of broadcast licenses; to the Com-
mittee on Interstate and Foreign Commerce.
H.R 370. A bill to amend the Communica-
tions Act of 1934 to establish orderlv pro-
cedures for the consideration of applications
fof renewal of broadcast licenses: to the
Committee on Interstate and Foreign Com-
merce.
H.R. 371. A bill to amend the Federal
Aviation Act of 1958 to require that any air
carrier proposing to discontinue any air
transportation to or from any point named
m Its certificate must give notice thereof at
least. 60 days In advance of the proposed
dl.scontlniiance, and for other purpases; to
the Committee on Interstate and Foreign
Commerce.
H.R. 372. A bUl to amend the Federal Meat
Inspection Act to provide that certain meat
food products are adulterated: to the Com-
mittee on Interstate and Foreign Commerce.
H.R. 373. A bill to amend the Internal
Hfevenue Code of 1954 to allow a credit a<Talnst
the individual income tax for tuition paid
for the elcmentaty or secondary education
o. dependents: to the Committee on Wavs
and Means.
By Mr. CHAPPELL:
HR. 374. A bill to amend the Fair Labor
standards Act of 1938 to encourage the em-
ployment of full-time students under the age
of 21 and of other persons under the age- of
18; to the Committee on Education and
Labor.
H.R. 375. A bill to amend the Vocational
Mucation Act of 1963 to assure Federal sup-
port for vocational education for junior high
school students; to the Committee on Educa-
tional and Labor. ."•
H.R. 376. A bill to provide for Increased
International control of the production of.
and traffic In. opium, and for other purposes;
to the Committee on Foreign Aflalrs.
H.R. 377. A bill to authorize the Secretary
of the Interior to sell certain rights in J;he
State of Florida; to the Committee on Inte-
rior and Insular Affairs. *
H.R. 378. A bin to authorize the payment of
interests on certain claims against the United
States by small contractors and the payment
of interest and attorneys' fees on judgment
obtained against the United States by such
contractors; to the Committee on the Judi-
ciary.
H.R. 379. A bill to authorize the Attorney
General>o exchange criminal record Informa-
tion «^ith certain State and local agencies:
to the Committee on the Judiciary.
H.R. 380. A bni to amend title 38 of the
United States Code so as to treat certain
expeditionary campaigns as periods of war
for the purposes of such title; to the Com-
mittee on Veterans' Affairs.
H.R. 381. A bill to provide for the estab-
lishment of a national cemetery in Florida;
to the Conimltlee on Veterans' Affairs.
H.R, 382. A bill to provide for a Veterans'
Administration hospital In the Halifax area
of Volusia County. Fla.; to the Committee on
Veterans' Affairs.
By Mr. CHAPPELL (for himself. Mr.
SiKES, Mr. FuQUA. Mr. Bennett. Mr.
Haley. Mr, Young of Florida, and
Mr. Pepper ) :
H.R. 383. A bill to provide for the estab-
lishment of the Guana River National Park
ui the State of Florida, and for other pur-
poses; to the Committee on Interior and In-
sular Affairs.
By Mr. CHAPPELL (for himself, Mr:
Green of Pennsylvania. Mr. Haley.
Mr. RiEGLE, Mr. Nichols, Mr. Conte.
Mr. W. C. (Dan) Daniel, Mr. Bur-
ton, Mr. Derwinski, Mr. Pepper, Mr.
Breaux, Mr. PoDEU, Mr. McCorm'ack,
Mr, Yatron, Mr. Madden, Mr. Davis
of Georgia, and Mr. Eilberg) :
H.R. 384. A bill to amend the Omnibus
Crime Control and Safe Streets Act of 1968;
to the Committee on the Judiciary.
By Mr. CHAPPELL (for himself, Mr.
Mitchell of Marvlandl*nd Mr Davis
of Georgia) : Ir
H.R. 385. A bill to amend ccrtan provisions
of chapter 311 of title 18, Unlted%tates Code,
relating to parole; to the Committee on the
Judiciary. '
By Mr. CHAPPELL (for himself. Mr.
Riegle, Mr. Haley. Mr. MrrcHELL
of Maryland. Mr. Podell, and Mr.
Davis of Georgia) :
H.R. 386. A bill to assist In combating
crime by reducing the incidence of rlcldlvlsm.
providing Improved Federal, State, and local-
correctional facilities and services, strength-
ening administration of Federal corrections,
strengthening control over probationers,'
parolees, and persons found not guilty by
reason of ln.sanity, and for other purposes- to
the Committee on the Judiciary.
By Mr. DON H. CLAUSEN: ,
H.R. 387. A bill to authorize the establish-
ment of the Luther Burbank National His-
toric Site In the State Of California, and for
other purposes; 'o the Committee on In-
terior and Insular Affairs
By Mr. COLLIER:
H.R. 388. A bin to arj-iend the equal em-
ployment opportunity provisions of the Civil
Rights Act of 1964 to ijnake it an urilawful
employment practice toi discriminate in em-
ployment because of a pferson's overqviallfica-
tln for the job; to the dommlttee on Educa-
tion and Labor.
H R. 389. A bin to amfnd the Occupational
Safety and Health Act Qf 1970. and for other
purposes; to the Committee on Education
and Labor.
H.R. 390. A bUl to amend the Occupational
i Safety and Health Act of 1970 to require the
Secretary of Labor to recognize the difference
in hazards to employees between the heavy
construction industry and the light residen-
tial construction industry; to the Committee
on Education and Labor.
H.R. 391. A bill to amend the Railroad La-
bor Management Relations Act. 1947. to pro-
vide more ei^ectlve means for protecting the
public Interest in national emergency dis-
putes, and for other purposes: to the Com -
mUtee on Interstate and Foreign dom-
merce.
H.R. 392. A bUl to make It a Federal crime
to kill or assault a fireman or law-enforce-
ment officer engaged in the performance of
his duties when the offender travels In In-
terstate commerce or uses any facility of In-
terstate commerce fori such purpose: to the
Committee on the Judiciary.
HR. 393 A bill to amend the Omnibus
Crime Control and Safe Streets Act of 1968,
as amended, to provide benefits to survivors
of police officers killed in the line of duty:
to the Committee on the Judiclarv,
HR. 394. A bill to amend the Omnibus
Crime Control and Safe Streets Act of 1968
to provide a system lor the redress of law-
enforcement officers' grievances and to estab-
lish a law-enforcement officers' bill of rights
in each of the several States, and for other
purposes: to the Committee on the Judiciary.
H.R. 305. A bill to make any alien who be-
comes a public charge within 24 months of
his arrival In the United States subject to
deportation, and for other purposes: to the
Committee on the Judiciary.
H R. 396. A bUl to provide that, after Jan-
uary 1, 1973, Memorial Day be observed on
May 30 of each year and Veterans Day be
observed on the 11th of November of each
year; to the Committee on the Judiciary.
H.R. 397. A bill to abolish the U.S. Postal
Service, to repeal the Postal Reorganization
Act, to reenact the former provisions of title
39, United States Code, and for other pur-
poses; to the Committee on Post Office and
Clvn Service.
H.R. 398. A bill to authorize appropriations
to be used for the ellmlilatlon of ce»Uln rail-
highway grade crossings In the State of Illi-
nois; to the Committee on Public Works.
H.R. 399. A bin to amend certain provisions
of the Internal Revenue Code of 1954 relat-
■ Ing to distilled spirits, and for other purposes;
to the Committee on Ways and Means.
H.R. 400. A bill to allow a deduction for
Income tax purposes of certain expenses In-
curred by the taxpayer for the education of
a dependent: to the Committee on Wavs and
Means.
H.R. 401. A bill to amend th/p Internal
Revenue Code of 1954 to provide timt the first
$3,000 of an individual's civil service retire-
ment annuity (or other Federal retirement
annuity) shall be exempt from Income tax;
to the Committee on Ways and Means.
H.R. 402. A bm to amend the Internal Rev-
enue Code of 1954 and title n of the So-
cial Security Act to provide a full exemption
(through credit or refund) from the em-
ployees' tax under the Federal Insurance
Contributions Act, and an equivalent reduc-
tion In the self-employment tax, in the case
of Individuals who have attained age 65: to
the Committee on Ways and Means.
H.R. 403. A bill to amend title II of the
Social Security Act to provide that a woman
who Is otherwise qualified may become en-
titled to widow's insurance benefits (subject
to the existing actuarial reductions) at age
,50 whether or not disabled) ; to the Cbmmlt-
'.ee on Ways and Means. I
H.R. 404. A bin to strengthen and Improve
the private retirement system by establishing
minimum standards for participation in arfd
for vesting of benefits under pension and
profit-sharing retirement plans, by allowing
48
^ctlons to Individuals for personal savings
retirement, and by Increasing contrlbu-
limltatloni for self-employed Individuals
shareholder-employees of electing small
corporations; to the Committee on
Wa\t and Means.
Bv Mr. CONABLE:
.. 405. A bill to make election day a legal
Ic holiday, to the Committee on the
clarv.
By Mr. CONTE:
.. 406. A bill to strengthen and Improve
protections and interests of participants
beneficiaries of employee pension and
benefit plans: to the Committee on
!arion and Labor.
... 407. A bill to provide for the cessation
tombing in Indochina and for the with-
,-al of U.S. military personnel from the
jbllc of Vietnam. Cambodia, and Laos;
^e Committee on Foreign Affairs.
.. 408. A bill to amend the Communlca-
Act of 1934 to establish orderly proce-
dures for the consideration of applications
renewal of broadcast licenses; to the
Conlmittee on Interstate and Foreign Com-
mei :e
ded
for
tion
and
busfciess
HIR
pub
Jud
H{R
the
and
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ell are
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Sta
see
I e
CONGRESSIONAL RECORD — HOUSE
January S, 1973
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
49
... 4^09. A bill to provide for the prompt
utit>n of certain disputes relating to
.^rnifaeiit contracts, and for other pur-
s; «^ the Committee on the Judiciary.
R.410. A hill to establish a National
ections Academy for the purpose of pro-
Z Federal, State, and local corrections
.nnel with vccaiional training and con-
ing education and guidance on methods
treatment and rehabilitation of criminal
: to the Committee on the Judiciary.
411. A biir for the relief of Soviet
to the Committee on the Judiciary.
.. 412. A bill to amend title 18, United
s Code, to prohibit the maUing of ob-
matter to minors, and for other pur-
to the Committee on the Judiciary.
... 413. A bill to authorize the Council on
\ ironmental Quality to carry out a county
ent environmental control demon-
project; to the Committee on Mer-
Marlne and Fisheries.
... 414. A bill to provide a procedure for
exercise of congressional and executive
3rs over; th» use of any armed forces of
United States In military hostUltles, and
other purposes; to the Committee on
.. 415. A bill to prohibit the President
Impounding any funds, or approving the
Aindlng of funds without the consent of
Congress, and to provide a procedure
;r which the House of Representatives
the Senate may approve the President's
impoundment; to the Committee on
s.
R 416. A bill to amend title «&j?f the
;ed States Code In order to establish a na-
cemetery system within the Veterans'
Isrration. and for other purposes; to
Committee on Veterans' Affairs.
R. 417. A bill to provide for the establish-
t of a national cemetery at WestfieUI.
s.; to the Committee on Veterans' Affairs^
R. 418. A bill to amend section 167 o^
Internal Revenue Code of 1954 to en-
_^e landlords to meet minimal housing
.dards by disallowing the depreciation
action to a landlord who has been con-
ed of violating a housing code; to the
imlttee on Ways and Means.
R. 419. A bill to repeal provisions of the
Reform Act of 1969 which place a llmi-
on on the capital gains treatment in the
; of -total distributions from qualified
sion. etc , plans; to the Committee on
vs and Means,
.R 420. A bill to amend title II of the
-al Security Act so as to liberalize the
ditlons governing eligibility of blind per-
to receive disability Insurance benefits
; to the Committee on Ways and
.IS.
R. 421. A bill to amend the Tariff Sched-
poei s
En'
govtrnment
stra tion
cha It
HR
the
po'v^rs
the
for-
Rulbs
H.R
frou
Imf^
the
unc
and
pro )osed
R'll;
H
XJn
tiorial
Adi iln
the
\
me 1
M.-i
I
the
cot rag
sta
dec
Vic
Coiimittee
Ta
tai
ca;
pe'
Wi
Sotlal
CO
so4s
th re under;
M( an
I
ules of the United States to permit the
Importation of upholstery regulators, up-
holsterer's regulating needles, and upholster-
er's pins free of duty; to the Committee on
Ways and Means.
By Mr. CONTE (for himself and Mr.
Wyman) :
H.R. 422. A bill to amend the Defense Pro-
duction Act of 1950 to establish national
defense petroleum reserves; to the Com-
mittee on Banking and Currency.
By Mr. CONTE (for himself and Mr.
BOLAND) :
H.R. 423. A bill to preserve and promote
the resources of the Connecticut River Val-
ley, and for other purposes; to the Commit-
tee'on Interior and Insular Affairs.
By Mr. CONTE i for himself, Mr. Alex-
ander, Mr. Andrews of North Da-
kota. Mr. BOLAND, Mr. BtTRKE Of JI.13-
sachusetts. Mr. Clark, Mr. Conyers,
Mr. Drinan, Mr. Eilberg, Mr. Har-
Jrington, Mr. Helstoski. ?'r. How-
'|ARD. Mr. Lehman, Mr. ^■cDADE, Mr.
I Moss, Mr. Nix, Mr. Obey, Mr. Podell,
Mr. Preyer, Mr. Rieole, and Mr.
Ware) : «
H.R. 424. A bill to amend the State Tech-
nical Services Act of 1965 to make munici-
pal governments eligible for technical serv-
ices under the act, to extend the act through
fiscal year 1976, and for other ptirpo-ses; to
the Committee on Interstate and Foreign
Gomoierce.
By Mr. CONTE (for him.3elf, Ms. Ab-
ZUG, Mr. E.^dillo, Mr. Bingham, Mr.
BoLAND, Mr. Brasco, Mr. Burke of
j Massachttsetts. Mr. Carey cf New
I York, Mrs. Chisholm. Mr. Clay, Mr.
I Conyers, Mr. Cotter, Mr. Donohlte,
' Mr. Drinan, Mr. Dulski. Mr. Fish,
Mr. William D. Ford, Mr. Fraser,
and Mr. Gibbons) :
H.B. 425. .A biil to repeal the Connally Hot
Oil Ac*: to the Committee on Interstate and
Foreign Commerce.
By Mr. CONTE (for himself. Mrs.
Grasso. Mr. Green of Pennsylvania,
Mr. Hamilton. Mr. Hanley, Mr. Har-
RiNGTON^ Mr. Helstoski, Mr. Hun-
gate, Mr. Kastenmeier, Mr. Koch,
Mr. Kyros, Mr. Lent, Mr. McKinney-,
Mr. Macdcnald, Mr. Minish, Mr.
Mitchell of Maryland, Mr. Moakley,
and Mr. Moorhead of Pennsylvania) :
H.R. 426. A bill to repeal the Connally Hot
Oil Act: to the Committee on Interstate and
Foreign Commerce.
'Bis Mr. CONTE (for himself, Mr. Moss,
I ' Mr. Nix. Mr. O'Hara. Mr. O'Neill. Mr.
! Pepper. Mr. Podell. Mr. Rangel, Mr.
Rees, Mr. Rodino, Mr. Rosenthal,
Mr. Roybal, Mr. Seiberlinc, Mr.
Steele, Mr. Stratton. Mr. Stxtdd?,
Mr. Tiernan, Mr. Wolff, Mr. Wy-
man, and Mr. Y.\tes ) :
H.R. 427. A bill to repeal the Conmally
Hot OU Act; to the Committee on Interstate
and Foreign Commerce.
By Mr. CONTE (for himself, Ms. Ab-
zug. Mr. Badillo, Mr. Bingham, Mr.
Bqland, Mr. Brasco, Mr. Burke of
Massachusetts, Mr. Carey of New
York, Mrs. Chisholm, Mr. Conyers,
! Mr. Cotter, Mr. Donohue, Mr. Dul-
' ski, Mr. Fish, Mr. Willlam D. Ford,
Mr. Fraser, Mr. Gibbons, and Mrs.
Grasso ) :
HJl. 428. A bin to terminate the oil Im-
port control program; to the Committee on
Ways and Meaiis.
By Mr. CONTE ( for himself, Mr. Green
of Pennsylvania, Mr. Hamilton, Mr.
1 Hanley, Mr. Hahrington, Mr. Hel-
stoski, Mr. Hungate, Mr. Kasten-
meier, Mr. Koch, Mr. Kyros, Mr.
I Lent, Mr. Lono of Maryland, Mr.
McKinney, Mr. Macdonald, Mr. Min-
ish, Mr. Mitchell of Maryland, Mr.
MoAKLEY, Mr. Moorhead of Pennsyl-
vania, Mr. Moss, Mr. Nrx, and Mr.
O'H-ARA):
H.R. 429. A bill to terminate the oil im-
port control prognun; to the Committee on
Ways and Means.
By Mr. CONTE (for himself, Mr.
0'^. .LL, Mr. Pike, Mr. Pepper, Mr.
Pod- l- , Mr. Rangel, Mr. Rees, Mr.
R Di.so, Mr. Rosenthal, Mr. Roy-
bal, Mr. Seiberling, Mr. Steele, Mr.
Studds, Mr. Tiernan, Mr. White--
HURST, Mr. Wolff, Mr. Wyman, and
Mr. Yates) :
H.R. 430. A bill to terminate the oil im-
port control program; to the Committee on
Ways and Means.
By Mr. CRANE :
H.R. 431. A bill to amend the Controlled
Substances Act to increase the penalties for ,
persons convicted of Illegally distributing %
narcotic and other dangerous drugs; to the
Committee on Interstate and Foreign Com-
merce.
H.R. 432. A bill to amend title 18 of the
United States Code to increase the penalties
for persons convicted of committing a felony
with or while unlawfully carrying a firearm;
to the Committee on the Judiciary.
H.R. 433. A bill to repeal certain provisions
of law relating to the private carriage of
letters, and for other purposes; to the Com-
mittee on Post Office and Civil Service.
H.R. 434. A bill to amend the Internal
Revenue Code of 1954 to permit a ta.xpayer
to deduct certain expenses paid by him In
connection with his education or training,
or the education or training of his spouse
or any of his dependents, at an institution of
higher education or a trade or vocational
school; to the Committee on Ways and
Means.
By Mr. CRANE (for himself, Mr. Ash-
brook, Mr. Rousselot, Mr. Good-
ling, Mr. Scherle, Mr. Archer, and
Mr. Blackburn) :
H.R. 435. A bill to permit American citi-
zens to hold gold; to the Committee on
Banking and Currency.
By Mr. DOMINICK V. DANIELS:
H.R. 436. A bill to Increase the contribu-
tion of the Government to the costs of health
benefits for Federal employees and for other
purposes; to the Committee on Post OfEce
and Civil Service.
H.R. 437. A bill to amend the age and
service requirements for immediate retire-
ment under subchapter III of chapter 83 cf
title 5, United States Code, and for other
purposes; to the Committee on Post Office
and Civil Service.
By Mr. DANIELSON:
H.R. 438. A bill to amend chapter 44 of
title 18 of the United States Code (respecting
firearn^s) to penalize the use of firearms in
the commission of any felony and to increase
the penalties In certain related existing
provisions; to the Committee on the
Judiciary.
H.R. 439. A bill to amend title 38 of the
United States Code to provide that certain
social security benefit increases provided for
by Public Law 92-333 and 92-603 be dis-
regarded for the purposes of determining
eligibility for pension or compensation
under such title; to the Committee on
Veterans' Affairs.
H.R. 440. A bill to extend to all unmarried
individuals the full tax benefits of Income
splitting now enjoyed by married Individuals
filing joint rettims; to the Committee on
Ways and Means.
H.R. 441. A bill to amend the Internal Rev-
enue Code of 1954 to allow an Itemized de-
duction for certain wages: to the Committee
on Ways and Means.
By Mr. DAVIS of Georgia:
H.R. 442. A bill to amend the Internal Rev-
enue Code of 1954 to allow a credit against
Income tax to Individuals for certain expenses
Incurred in providing higher education; to
the Committee on Ways and Means.
By Mr. E de la GARZA:
H.R. 443. A bill authorizing the Secretary of
. , Agriculture to carry out a program for flood
{ prevention and other purposes In the Lower
Rio Grande Basin, Tex., to enhance and sta-
bilize the agricultural economy of the area;
to the Committee on Agrlculttire.
H.R. 444. A bill to expand the national flood
Insurance program by substantially Increas-
ing limits of coverage and total amount of in-
surance authorized to be outstanding and by
requiring known flood-prone communities to
participate in the program, and for other pur-
poses; to the Committee on Banking and
Currency.
H.R. 445. A bill to amend title I of the Ele-
mentary and Secondary Education Act of 1965
to provide for Improved health care instruc-
tion for migrant children; to the Committee
on Education and Labor.
By Mr. DELANEY:
H.R. 446. A bin to authorize a 2-year pro-
gram of financial assistance for all elemen-
tary and secondary schoolchildren in all of
the States: to the Committee on Education
and Labor.
H.R. 447. A bill to amend section 620 of the
Foreign Assistance Act of 1961, to suspend,
in wliole or In part, economic and military
assistance and certain sales to any country
which fails to take appropriate steps to pre-
vent narcotic drugs produced in such coun-
try from entering the United States unlaw-
fully: to the Committee on Foreign Affairs.
H.R. 448. A bill to ban the usage of di-
ethylstUbestrol (DES) as a growth promot-
ant; to the Committee on Interstate and
Foreign Commerce.
H.R. 449. A bill to make any alien who be-
comes a public charge within 24 months of
his arrival in the United States subject to
deportation, and for other purposes; to the
Committee on the Judiciary.
H.R. 450. A bin to amend the Internal Rev-
enue Code of 1954 to allow a credit against
income tax to individuals for tuition ex-
penses incurred in providing private non-
profit elementary and secondary education;
to the Comniittee on Ways and Means.
H.R. 451. A bill to amend the Internal Rev-
enue Code of 1954 to provide for an Increase
In the amount of the personal exemptions
for taxable years beginning after Decem-
ber 31, 1973; to the Committee on Ways and
Means.
H.R. 452. A bill to amend the Internal Rev-
enue Code of 1954 to provide a basic $5,000
exemption from income tax for amounts
received as annuities, pensions, or other re-
tirement benefits; to the Committee on Ways
and Means.
H.R. 453. A bin to amend title II of the
Social Security Act to Increase to $3,000
(subject to further increases under the auto-
matic adjustment provisions) the amount
of outside earnings permitted each year with-
out any deductions from benefits thereunder;
to the Committee on Wavs and Means.
By Mr. DELLENBACK:
HR. 454. A bill to make rules governing
the use of the Armed Forces of the*"United
States in the absence of a declaration of war
by the Congress; to the Conunlttee on Foreign
Affairs. "^
H.R. 455. A bin4o amend the Wilderness
Act for the purpose of removing wilderness
areas from all forms of appropriation and
disposition under mining and mineral leasing
laws: to the Committee on Interior and In-
sular Affairs.
H R. 456. A bill to authorize the Secretary
of the Interior to construct, operate, and
maintain the Olalla division of the Umpqua
project. Oregon, and for other purposes; to
the Committee on Interior and Insular Af-
fairs.
H.R. 457. A bUl for the relief of the city of
Oakrldge, Oreg.; to the Committee on the
Judiciary.
H.R. 458. A bill to provide for a temporary
Increase in the membership of the House of
Representatives to 437 Members; to the Com-
tnlttee on the Judiciary.
HJl. 459. A bill to amend the Gun Control
Act of 1968 to provide that certain records of
the sale or delivery of firearms and ammuni-
tion shall be maintained for a period of only
1 year and shall thereafter be destroyed; to
the Committee on the Judiciary.
HJi. 460. A bill to authorize the project for
the Days Creek Dam, on the South Umpqua
River, Oreg., for flood protection and other
purposes; to the Committee on Public Works.
H.R. 461. A bill to modify ammunition
recordkeeping requirements; to the Com-
mittee on Ways and Means.
By Mr. DENT (fit)r himself and Mr.
Perkins) : i [
H.R. 462. A bill to revllse the Welfare and
Pension Plan Disclosure Act; to the Com-
mittee on Education and Labor.
By Mr. DERWINSfU: >^
H.R. 463. A bill to authorize the Secretary
of the Interior to establish national parks
or national recreation areas in those States
which presently do not have a national rec-
reation area: to the Committee on Interior
and Instilar Affairs.
By Mr. DICKINSON:
H.R. 464. A bill to equalize the retired pay
of members of the tmiformed services retired
prior to June 1, 1958, whose retired pay is
computed on laws enacted on or after Octo-
ber 1, 1949; to the Committee on Armed
Services.
H.R. 465. A bin to reestablish November 11
as Veterans Day; to the Committee on the
Judiciary.
H.R. 466. A bill to amend title 5. United
States Code, to correct certain inequities in
the crediting of National Guard technician
service In connection with civil service retire-
ment, and for other purposes; to the Com-
mittee on Post Office and Civil Service.
H.R. 467. A bUl to amend title II of the
Social Security Act so as to remove the limi-
tation upon the amount of outside Income
which an Individual may e.-irn while receiv-
ing benefits thereunder; to the Committee
on Ways and Means.
H.R. 468. A bill to amend title II of the
Social Security Act to provide for cost-of-
living Increases in the benefits payable there-
under: to the Commljttee on Ways and
Means. I
H.R. 469. A bUl to amend title n of the
Social Security Act to provide that a woman
may become entitled to full old-age insur-
ance benefits at age 60; ^o the Committee on
Ways and Means.
By Mr. DINGELt (for himself, Mr.
Grover, Mr. Leggett, Mr. Forsythe,
Mr. Blackburn, Mr. Vigorito, Mr.
Bennett, Mr. Waldie, Mr. Udall, Mr.
Ware, Mr. Wyrmn, Mr. Hechler of
West Virginia, Mr. Obey, Mr. Yatron,
Mr. Long of Maryland, Mr. Annun-
zio, Mr. Koch, Mr. Edwards of Cali-
fornia, Mr. RooNEY of Pennsylvania,
Mr. Fraser, Mr. Corman, Mr. Carney
. of Ohio, Mr. Rhodes, Mr. Pettis, and
Mr. Rodino) :
H.R. 470. A bill to provide for the con-
serv.itlo.i. protection, and propagation of
species or subspecies of fish and wildlife that
are threatened with extinction or likely with-
in the foreseeable future to become threat-
ened with extinction, and for other pur-
poses; to the Committee oh Merchant Marine
and Fisheries.
By Mr. DINGELL (for himself, Mr.
Fish. Mr. Addabbo. Mr. Ale.'cander,
Mr. Mollohan, Mr. Mazzoli, Mr.
Lent, Mr. Hungate, Mr. Dulski, Mr.
— :: Karth, Mr. CoNTE, Mr. Andrews of
North Dakota, Mr. Podell, Mr. Esch,
Mr. Helstoski, Mr. Rees, and Mr.
Preyer) :
H.R. 471. A bill to provide for the conser\-a-
tion, protection, and propagation of species
or subspecies of fish and wildlife that are
threatened with extinction or likely within
the foreseeable future to become threatened
with extinction, and for other purposes; to
the Committee on Merchant Marine and
Fisheries.
By Mr. DORN:
H.R. 472. A bUl to amend the Communica-
tions Act of 1934 to establUh orderly proce-
dures for the consideration of applications
for renewal of broadcast licenses: to the
Committee on Interstate and Foreign Com-
merce. 2-
H.R. 4'73. A bUl to amend the Omnibus
Crime Control and Safe Streets Act of 1968,
as amended, to provide benefits to sur.ivors
of certain public safety officers who die in
the performance of duty; to the Committee
on the Judiciary.
By Mr. DUNCAN:
H.R. 474. A bill to amend the Internal Re-
venue Code of 1954 to clarify the provision
exempting from income taxes the income of
members of the Armed Forces who die while
serving in a combat zone; to the Committee
on Ways and Means.
By Mr. EDWARDS of Alabama:
H.R. 475. A bill to amend the Social Se-
curity Act to make certain tliat recipients
of aid or assistance under the various Fed-
eral-State public assistance and medicaid
programs (and recipients of assistance under
the veterans' pension and compensation pro-
grams or any other Federal or federally as-
sisted program) will not. have the amount
of stjch aid or assistance reduced because of
Increases in monthly social .security bene-
fits: to the Committee on Ways and Means.
By Mr. EDWARDS of California:
H.R. 476. A bin to carry out the recommen-
dations of the Presidential Task Force on
Women's Rights and Responsibilities, and for
other purposes; to the Committee on the
Judlciarj'.
By Mr. ERLENBORN:
H.R. 477. A bill to amend title 38, United
States Code, to provide veterans a lO-year
delimiting period of completing educational
programs; to the Committee on Veterans'
Affairs.
H.R. 478. A bUl to amend the Internal Rev-
enue Code of 1954 to allow a credit against
the individual Income tax for tuition paid
for the elementary or secondary education of
dependents; to the Committee on Ways and
Means.
By Mr. FASCELL (for himself and Mr.
Conyers, Mr. OHara, Mr. Stokes,
Mr. Mayne, Mr. Bell, Mr. W. C.
(Dan) Daniel. Mr. Conte. Mr.
Owens, Mr. Mazzoli, Mr. Podell, Mr.
Rogers, Mr. Haley, Mr. Peitchard,
Mr. Harrington, and Mr. Moss) ;
H.R. 479. A bill to provide that meetings
of Government agencies and of congressional
committees shall be open to the public, and
for other purposes; to the Committee on
Rules.
By Mr. FINDLEY:
H.R. 480. A bill to stimulate production
cf natural gas; to the Committee o:iVlnter-
state and Foreign Commerce.
By Mr. FISH:
H.R. 481. A bin to repeal section 15 of the
Urban Mass Transit Act of 1964, to remove
certain limitations on the amount of grant
assistance which may be available in any
one State; to the Committee on Banking and
Currei'.cy.
H.R. 482. A bill to requlr? local govern-
mental approval for section 235 or 236 hous-
ing; to the Committee on Banking and
Currency.
H.R. 483. A bill to amend the Omnibus
Crime Control and Safe Streets Act of 1968.
as amended, to provide benefits to sunivors
of p.Mlce officers, prison guards, and firemen
kUled In the line of duty; to the Committee
on the Judiciary.
HR. 484. .A bill to amend section 205 of
the Flood Control Act; to the Committee on
Public Works.
H.R. 485. A bin to establish a national sys-
tem of solid waste management; to the Com-
mittee on Wavs and Means.
^■^^
ai 1
50
H.
Rev
as
paid
lion
Wav
H
cial
the
may
Co:
S. 486. A bill to amend the Internal
( nue Code of 1954 to allow a credit
_t the Individual Income tax for tuition
for the elementary or secondary educa*'
of dependents; to the Committee on
and Means.
R. 487. A bill to amend title II of the So-
Securlty Act to Increase to $2,400 a year
imount of outside earnrngs a beneficiary
have without the loss of benefits; to the
n*nlttee on Ways and Means.
H.R. 488. A bill to amend titles II and
ifl of the Social Security Act to Include
fied drugs requiring a physicans pre-.
tion or certification and approved by a
lary Committee, among the items and
e^covered under the hospital insurance
to the Committee on Ways and
XV
qua
scrl[
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Mea IS.
11
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ind
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oth
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Wa-.
CONGRESSIONAL RECORD — HOUSE
Jayiuary 3, 1973
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
51
. 489. A bill to make permanent the ex-
temporary provision for disregarding
i of social security and railroad retire-
. recipients in determining their need
jubUc assistance and to provide that no
idual presently eligible for medical as-
nce under a State plaa approved under
XIX of the Social Security Act shall lose
eligibility by reason of the recent 20-
increase in social security benefits;
Committee on Ways and Means.
Bv Mr. FISHER:
R. 490. A bill to amend the Housing and
n Development Act of 1968 to require a
Ic notice and public hearing concerning
application, with certain findings, in-
ne interest reduction payments (or
gage insurance 1 with respect to such
ict. as applied to sections 235 and 236,
for other purposes; to the Committee on
ing and Currency.
11.491. A bill to amend the National
. Relations Act to provide that employ-
hall not be required to bargain with
organizations whose representative
is has not been established by a secret
election; to the Committee on Educa-
. and Labor.
. R. 492. A bill to limit and prevent certain
,c »rted activities by labor organizations
h Interfere with or obstruct or impede
free production of goods for commerce
le free flow thereof In commerce, and
ther purposes; to the Committee on Edu-
n and Labor.
R 493. A bin to establish the Amlstad
nal Recreation Area In the State of
s; to the Committee on Interior and
lar Affairs.
: 494. A bill to amend the Internal Rev-
Code of 1954 to provide for the valua-
of a decedent's interest tn a closely held
for estate tax purposes; to the Com-
on Wavs and Means.
495. A bill to amend title 11 of the
_ Security Act to permit the payment of
fits to a married couple on their com-
l earnings record where that method of
utatlon produces a higher combined
fit; to the Committee on Ways and
( t
vl
a "i.s.
496. A bUl to amend title II of the
Security Act to Increase to $3,000 the
int of outside earnings permitted each
without any deductions from benefits
under; to the Committee on Ways and
Mea IS.
H R. 497. A bill to amend title II of the
Soci il Security Act to prevent the Issuaiice of
iXl security numbers to aliens who are Il-
ly In the United States, and to prohibit
payment of aid or assistance undqr ap-
ed State public assistance plans, or the
ision of assistance In any form under any
Federal or federally aided program, to
aliens; to the Committee on Ways and
s.
R 498. A" bin to amend the tarlfT and
laws of the United States to encourage
growth of International trade on a fair
equitable toasls; to the Committee on
1 ar.d Means.
( r
a
By Mr. FLOOD;
H.R. 499. A bill to amend the Housing and
Urban Development Act of 19C3 with respect
to flood Insurance by establishing the Na-
tional Disaster Insurance Fund, and for other
piurposes; to the Committee on Banking and
Currency.
By Mr. FLOWERS :
H.R. 500. A bill to amend title 10, United
States Code, to equalize the retirement pay
of members of the uniformed services of
equal rank and years of service, and for
other purposes; to the Committee on Armed
Services.
H.R. 501. A bill to amend the black lung
benefits provisions of the Federal Coal Mine
Health and Safety Act of 1969 to extend tliose
benefits to miners who Incur silicosis in iron
mines; to the Committee on Education and
Labor.
H.:^. 502. A bill to amend the Internal
Revenue Code of 1954 to allow a deduction
for expenses Incurred by a taxpayer In mak-
ing repairs and improvements to his resi-
dence; to the Committee on Ways and Means.
By Mr. FLYNT:
USf.. 503. A bill to amend title 10 of the
Tjnited States Code, to provide that personal
delivery of notification of death of service-
men to the next-of-kin may be made only
hy officers; to the Committee on Armed Serv-
ices.
H.R. 504. A bill to amend title 10, United
States Code, to permit the recomputatlqn ol
retired pay of certain members and former
members of the Armed Forces; to the Com-
mittee on Armed Services.
. H.R, 505. A bill to permit Injured Federal
employees to receive benefits of the Federal
employees compensation program notwith-
standing they are in receipt of- military re-
"tlred pay. and for other purposes; to the Qom-
mlttee on Education and Labor.
H.R. 506. A bill to amend the Occupational
Safety and Health Act of 1970 to require the
Secretary of Labor to recognize the difference
In hazards to employees between the heavy
construction lndu.?try and the light residen-
tial construction Industry; to the Committee
on Education and Labor.
H.R. 507. A bUl to amend the Occupatljonal
Safety and Health Act of 1970 to provide that
where violations are corrected within the
prescribed abatement period no penalty shall
be assessed; to the Committee on Educaitlon
and Labor.
H R. 508. A bill requiring that each Mem-
ber of Congress be notified of the Intemded
disposition of federally owned real proptrtv
In the district he represents; to the OornT'
mlttee on Government Operations.
H.R. 509. A bill to amend title 44. United
States Code, to provide for 98 copies of the
dally edition of the Congressional Record to
be furnished to each Representative, Dele-
gate, and Resident Commissioner tn Congress;
to the Committee on House Administration.
H R. 510. A bill to authorize and direct the
S'-'cretary of Agrictilture to convey any inter-
est held by the United States in certain prop-
erty in Jasper County, Ga., Vb the Jasper
County Board of Education; to the Commit-
tee on Interior and Insular Affairs.
H.R. 511. A bill to amend the Commui^ca-
tlons Act of 1934 to establish orderly proce-
dures for the consideration of applications
for renewal of broadcast licenses; to the
Committee on Interstate and Foreign Com-
merce.
H.R. 512. A bill to amend the Federal Trade
Commission Act (15 U.S.C. 45) to provide
that under certain circumstances exclusive
territorial arrangements shall not be deemed
unlawful; to the Committee on Interstate
and Foreign Commerce.
H.R. 513. A bill to amend the Uniform
Time Act; to the Committee on Interstate
and Foreign Commerce.
H R. 514. A bill to make It a Federal crime
to kill or assault a fireman or law enforce-
ment officer engaged in the performance of
his duties when the offender travels in inter-
state commerce or uses any facility of Inter-
state commerce for such purposes; to the
Committee on the Judiciary. •»
H.R. 515. A bill to amend title 18 and title
28 of the United States Code with respect to
the trial and review of criminal actions In-
volving obscenity, and for other purposes; to
the Commiitee on the Judiciary.
H.R. 516. A bill to restrict travel In viola-
tion of area restrictions; to the Committee on
the Judiciary.
H.R. 517. A bin to amend title 38, United
States Code; to the Committee on Veterans'
Affairs.
H.R. 518. A bill to amend title 38 of the
United States Code with respect to the pay-
ment of certain benehts under that title; to
the Committee on Veterans' Affairs.
H.R. 519. A bill to provide for annual ad-
justments In monthly monetary benefits ad-
ministered by the Veterans' Administration,
according to changes in the Consumer Price
Index; to the Committee on Veterans' Af-
fairs, f
H.R. 520. A bill to amend section 4182 of
the Internal Revenue Code of 1954; to the
Committee on Ways and Means.
H.R. 521. A bill to amend title II of the
Social Security Act to provide that a bene-
ficiary who dies shall (if otherwise qualified)
be entitled to a prorated benefit for the
month of his death; t-o the Committee en
Ways and Means.
By Mr. WILLIAM D. FORD:
H.R. 522. A bill to assist local educational
agencies to provide quality education pro-
grams In elementary and secondary schools;
to the Committee on Education and Labor.
H.R. 523. A bill to amend title 39, United
States Code, as enacted by the Postal Re-
organization Act, to facilitate direct com-
munication between officers and employees of
the U.S. Postal Service and Members of
Congress, and for other purposes; to the Com-
mittee on Post Office and Civil Service.
H.R. 524. A bill to amend title .39, United
States Code, as enacted by the Postal Re-
organization Act. to prohibit the mailing of
unsolicited samples of cigarettes; to the Com-
mittee on Post Office and Civil Service.
By Mr. WILLIAM D. FORD (for him-
self, Mr. Meeds, Mr. O'Hara, Mr. Bur-
ton, Mr. Mazzoli. Mr. Hawkins, Mr.
Thompson of New Jersey. Mr. Per-
kins, Mr. DiNGELL, and Mr. Brade-
MAS) :
H Ft. 525. A bin to amend the Elementary
-->Jind .Secondary Education Act of 1965 to pro-
vide flnfJpclal assistance to the States for Im-
proved «lucatlonal services for handicapped
children' to the Committee on Education and
Labor.
By Mr. WILLIAM D.'FORD (for him-
self. Mr Meeds. Mr. O'Hara, Mr. Haw-
kins, Mr. Bell, Mr. Thompson of
New Jersey, and Mr. Perkins) :
H.R. 526. A bill to amend the Juvenile De-
linquency Prevention and Control Act of J 968
to meet the needs of runaway youth.=; and fa-
cilitate their return to their families without
resort to the law-enforcement structure; to
the Committee on Education and Labor.
By Mr. WILLIAM D.' FORD (for him-
self and Mr. Biaggi) :
H.R. 527. A bill to authorize the Attorney
General to make grants to certain law-en-
forcement officers in reimbursement for costs
incurred by such officers in certain legal ac-
tions arising out of the performance of official
duties; to the Committee on the Judicjary.
By Mr. WILLIAM D. FORD (for him-
self. Mr. Charles H. Wilson of Cali-
fornia, Mr. Walbi|;, Mr. Thompson of
New Jersey, Mr. Jiawkins. and Mr.
Clav) : \
H.R. 528. A bill to amend title 39, United
States Code, with respect to the fiiianclng of
the cost of mailing certain matter free of
postage or at reduced rates of postage, and for
other purposes; to the Committee on Post
Office and Civil Service.
By Mr. FRASER:
HJl. 529. A bill to provide for the control
of noise along existing Federal-aid highways;
to the Conmilttee on Public Works.
By I-.Ir. FUQUA:
H.R. 530. A bill to improve the quality of
child dsvelopment programs by attracting
and training personnel for these programs;
to ;hc Committee on Education and Labor.
H.R. 531. A bill to amend the National
Defense Education Act of 1958 to permit a
reduction in institution contributions to stu-
dent loan funds on account of expenditures
' In administering the program; to the Com-
mittee on Education and Labor.
H.R. 53:i. A bill to aniu.id section 620 of the
Foreign Assistance Act of 1961 to suspend, In
whole or in part, economic and military as-
sistance and certain sales to any country
which falls to take appropriate steps to pre-
vent narcotic drugs, produced or processed,
^ in whole or in part, in such country from
f entering the United States unlawfully, and
for other purposes; to the Committee on
Foreign Affairs.
H.R. 533. A bill to amend the Federal Prop-
erty and Admir.istrative Services .'\ct of 1949
to permit donations of surplus personal prop-
erty to State fish and wildlife agencie:^; to
the Committee on Government Operations.
H.R. 534. A bill to amend the Federal Prop-
erty and Administrative Services Act of 1949
to permit donations of surplus property to
volunteer firefightlng organizations and vol-
unteer rescue squads, and for other purpo.ses;
to the Committee on Government Operations.
H.R. 535, A bUl to amend section 552 of
title 5, United States Code, known as the
Freedom of Information Act; to the Com-
mittee on Government Operations
H.R. 536. A bill to amend the Legislative
Reorganization Act of 1946 to provide for
annual reports to the Congress by the Comp-
troller General concerning certain price in-
creases in Government contracts and certain
failures to meet Government completion
dates; to the Committee on Government
Operations.
H R. 537. A bill to provide for the designa-
tion of law schools as depository libraries;
to the Committee on House Administration.
H.R. 538. A bill to amend the act of June
27. 1960 (74 Stat. 220 1 relating to the preser-
vation of historical and archeologlcal data;
to the Committee on Interior and Insular
Affairs.
H.R. 539. A bill to create a national com-
mission to study quality controls and manu-
facturing procedures of medical devices, sur-
gical Instruments, artificial organs and limbs.
therapeutic instruments and devices, and
other medical and hospital equipment; to
determine the need for and the extent of
Federal regulation of such medical devices;
to determine the need for clarification of the
definition of medical devices in Federal laws;
and to recommend ;o the President and to
the Congress methods for determining con-
structive minimum performance standards
and feasible methods for Federal regulation;
to the Committee on Interstate and Foreign
Commerce.
H R. 540. A bin to amend the Communlca-
< tions Act of 1934 to establish orderly proce-
dures for the consideration of applications
for renewal of broadcast licenses; to the
Committee on Interstate and Foreign Com-
merce.
H.R. 541. A bUl to repeal the Gun Control
Act of 1968, to reenact the Federal Firearms
Act, to make the use of a firearm to commit
certain felonies a Federal crime where that
use violates State law, and for other
purposes; to the Committee on the Judiciary.
H.R. 542. A bill to amend title 28. United
States Code, to provide that Madl!;on County.
Fla., shall be included In the northern
Judicial district of Florida; to the Committee
on the Judiciary.
HR. 543. A bill to require the Council on
Environmental Quality to hold public hear-
ings in which all points of view can be ex-
pressed prior to any final action or "recom-
mendation by such CouncU to the President;
to the Committee on Merchant' Marine and
Fisheries.
H.R.*.544. A bin to amend title 5, United
States Code, relati:ig to qualifications for
appointment and retention in the civil
service; to the Committee on Post Office and
Civil Service.
H.R. 545. A bni to amend title 5, United
States Code, to include as creditable sen-ice
for purposes of the civil service retirement
system cerla.n periods cf service performed
in Federal-State cooperative programs, and
for other purposes; to the Committee on Post
Office and Civil Service.
H.R. 546. A bill to amend title 13. United
States Code, to pro\ Ide for a mid-decade
census of population In the year 1975 and
every 10 years thereafter; to the Committee
on Post Office and Civil Service.
H.R. 547. A bill to abolish the U.S. Postal
Service, to repeal the Postal Reorganization
Act, to reenact the former provisions of title
39, United States Code, and for other pur-
poses; to the Committee on Post Office and
Civil Service.
H R. 548. A bill to amend title 39, United
States Code, to exclude from the malls as
a special category of nonmailable matter cer-
tain material offered for sale to minors, to
Improve the protection of the right of pri-
vacy by defining obscene mall matter, and
for other purposes; to the'Commlttee on Post
Office and Civil Service.
H.R. 549. A bill to amend the act of August
13. 1946, to increa.se the Federal contribution
to 90 percent of the cost of shore restoration
and protection projects; to the Committee on
Public Works.
H.R. 550. A bill to require the Secretary
of the Army, acting through the Chief of
Engi:ieers, to engage In public works for the
prevention and control of water pollution;
to the Committee on Public Works.
/H.R. 551. A bill to amend the River and
Harbor Act of 1958 with respect to control
aiid eradication of obnoxious aquatic plants:
ttr-fhe Committee on Public Works.
H.R. 552. A bin to amend the Uniform Relo-
cation Assistance and Real Property Acquisi-
tion Policies Act of 1970 to provide" for mini-
mum Federal payments after July 1, 1972. for
relocation assistance made available under
federally assisted programs and for an exten-
sion of the effective date of the act; to the
Committee on Public Works.
H.R. 553. A bill to require the President to
notify the Congress whenever he Impounds
funds, or authorizes the hnpoundlnp of
funds, and to provide a procedure under
which the House of Representatives and the
Senate may approve the President's action
or require the President to cease such action;
to the Committee on Rules.
H.R. 5.54. A bill to amend the National Aer-
onautics and Space Act of 1958 to provide for
certain additional reports to the Congre.<!S,
and for oth.er purposes; to the Committee on
Science and Astronautics.
H.R. 555. A bin to promote the advance-
ment of science and the education of scien-
tists through a national program of Institu-
tional grants to the colleges and universities
of the United States; to the Committee on
Science and Astronautics.
H.R. 556. A bill to provide special advisory
and counseling assistance to veterans at In-
stitutions of higher education and t9 au-
thorize, on a trial basis, a special program to
aid veterans with academic deficiencies to
gain entrance to institutions of higher edu-
cation; to the Committee on Veterans' Af-
fairs.
H.R. 557. A bill to amend the Internal
Revenue Code of 1954 to provide reasonable
and necessary Income tax Incentives to en-
courage the utilization of recycled solid waste
materials and to offset existing Incdme lax
advantages which promote depletion of virgin
natural resources; to the Committee on Ways
and Means.
H.R. 653. A bill to amend the Internal
Revenue Code of 1954 to provide that married
Individuals who file separate returns shall be
taxed at the same income tax rates as un-
married Individuals and to provide a special
rule in the case of earned income which Is
community income; to the Committee on
W/tys and Means.
H.R. 559. A bill to amend the Internal
Revenue Code of 1954 and the Social Security
Act to provide a comprehensive program of
health care for the 1970's by strei>gthenlng
the organization and delivery of health care
nationwide and by making comprehensive
health care Insurance available to all Ameri-
cans, and for other purposes; to the Com-
mittee on Ways and Means.
H.R. 560. A bUl to amend section 21 of the
Second Liberty Bond Act to provide for the
retirement of the public debt; to the Com-
mittee on Ways and Means.
HR. 561. a" bill to amend title 11. of the
Social Security Act to increase to $3,600 (or
$4,200 In the case of a widow entitled to
mother's insurance benefits) «ie amount of
outside earnings which (subject to further
increases under the automatic adjustment
provisions) is permitted each year without
any deductions from benefits thereuiider; to
the Committee on Ways and Means.
H.R. 562. A bin to amend the Social Secu-
rity Act to provide for medical a>id hospital
care through » system of voluntary health
insurance Including protection Against the
catastrophic expenses of lUness, financed In
whole for low-lncoirte groups through Is-
suance of certificates, and in part for all
other persons through allowance of tax
credos; and to provide effective utilization
of available financial resources, health man-
power, and facilities; to the Committee on
Ways and Means.
H.R. 563. A bill to amend the Tariff Act of
1930 to eliminate. In the case of shrtmp ves-
sels, the duty on repairs made to. and repair
parts and equipments purchased for. such
vessels in foreign countries, and for other
purposes; to the Committee ou Ways and
Means. '
By Mr. FUQUA (for himself and Mr.
Brown of Ohio).
H R. 564. A bill to establish an independent
Consumer Protection Agency, and for other
purposes; to the Committee on Government
Operations.
By Mr. GIBBONS:
H R. 565. A bill to amend the Communica-
tions Act of 1934 to provide that renewal
licen.ses for the operation of a broadcasting
station may be is.sued for a term of 5 years
and to establish certain standards for the
consideration of applications for renewal of
broadcasting licenses; to the Committee on
Interstate and Foreien Commerce.
By Mr GOODLING:
H.R. 566. A bill to amend the Federal Trade
Commission Act ( 15 U.S.C. 41 et seq.) to pro-
vide that under certain circumstances exclu-
sive torritorlnl arrangements .<;hall not be
deemed unlawful: to the Committee on In-
terstate and Foreipn Commerce.
By Mr/GOODLIiMG dor himself and
Mr~DlNCELL) :
H R 567. A bill to amend the Mlgratorv
Bird I'reaty Act to prohibit during specljied
periods the feeding of migratory came birds
and to impose penalties for such feeding, to
1ncrea.-.e the maximum fine for certain other
violations of such act. and for other pur-
pose;.; to the Committee on Merchant Marine
and Fisheries."
By Mrs. GRASSO:
H.R. 568. A bill to amend title 38 of the
United States Code to promote the care and
treatment of veterans in State veterans'
homes, and for other purposes; to the Com-
mittee on Veterans' Affairs.
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CONGRESSIONAL RECORD — HOUSE
Jamiarij S, 1973
January 3, 19
I o
H R. 569. A bUl to amend the Tariff Sched-
ul;s of the United States In order to make
spjclnc provisions for ball or roller bearing
pi low block, flange, take-up, cartridge, and
h£ nger units; to the Committee on Ways and
M >ans.
fi.R. 570. A bin to provide for orderly trade
ir. antifriction ball and roller bearings and
pa ris thereof; to the Committee on Ways
ai d Means.
By Mrs. GREEN of Oregon:
HR:571. A bill to provide congressional
di e process in questions of war* powers 8s
re luired by the Constitution of the United
St ite?; to the Committee on Armed Services.
H.R. 572. A bill to provide a remedy for sex
di icrimlnation by the Insurance business
w th respect to the availability and scope Of
In iurance coverage for women; to the Com-
mittee en Interstate and Foreign Commerce.
By Mr. GREEN of Pennsylvania:
H.R. 573. A bill to assist in community de-
ment, with particular reference to small
nitles: to the Committee on Banking
Curreiicv.
i.R. 574. A bill to amend title VII of the
Htusliig and Urban Development Act of 1965
authorize financlsfl assistance for the pro-
lo:i of street licV^lng facilities In aid of
prevention or reduction of crime; to the
Cimmittee on Bankinc and Currency.
■I.R. 575. A bin to amend the Urban Mais
Ti msportation Act of 1964 to authorize cer-
n grants to assure adequate commuter
ice In urban areas, and for other pur-
s: to the Committee on Banking and
I rrency.
fl.R. 576. A bill to amend the Urban Mass
nsportatlon Act of 1964 to authorize cer-
n emergency grants to assure adequate
transit and commuter railroad service
urban areas, and for other purposes; So
Committee on Banking and Currency.
i.R. 577. A bin to amend the Urban Mass
nsportatlon Act of 1964 to provide emer-
cy grants for operating subsidies to urban
transportation systems on the basis of
serviced; to the Committee om
and Currency.
R. 578. A bill to provide a comprehensive
child development program In the Depart-
nt of Health, Education, and Welfare; to
Committee on Education and Labor.
IR. 579. A bill to amend the National Pub-
Employee Relations Act; to the Commit-
on Education and Labor.
i.R. o80 A bin to amend title 13, United
tes Code, to establish within the Bureau
the Census a National Voter Registration
Ac ministration for^the purpose of aCmlnis-
te: Ing a voter registration program throueh
mall, and for other purposes; to the
Coknmlttee on House Administration.
■IR. 581. A bill to amend the act of June
1918, to provide for the addition of cer-
tain property In Philadelphia, Pa., to Inde-
pe idence National Historical Park; to the
c mmlttee on Interior and Insular Affairs.
i.R. 582. A bUl to amend title 42, sectloD*
24 i, subsection (b)(2)(A) of the United,
St ites Code; to the Committee on Interstate
an i Foreign Commerce. '
IR. 5E3. A bill to regulate Interstate com-
by amending the Federal Food. Drug.'
Cosmetic Act to provide for the Inspec-
of facilities us-:d In the harvesting ancf
ta
setv
p<5 3e
Tifc
ta
ra^id
In
thfe
Tri
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mi£s
pa jsengers
Banking
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th!
He
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an 1
tlcn
pr icessl:
CO nmerc
ng of fish and fishery produces fo*
l|>n of
lal purposes, for the Inspectlfir
and fishery products, and for coopera-
with the States In the regulr.tion of
Inlrastate commerce with respect to State
I inspecticn programs, and for other pur-
«>; to the Committee on Interstate and
gn Commerce.
R. 5&4. A bill to regulate the Interstate
king aftd sale of hs-podermlc neeile^
svTlnges; to the Committee on Interstate!
Foreign Commerce.
f R. 585. A bill to amend the Immigration
Nationality Act; to the Committee on,
Judiciary
i ffiC'K
H.R. 586. A bill to amend the Immigration
and Nationality Act to make additional im-
migrant visas available for immigrants from
certain foreign countries, and for other pur-
poses; to the Committee on the Judiciary.
H.R. 587. A bill to amend the Omnibus
Crime Control and Safe Streets Act of 1968
lo provide increased assistance to correctional
program.s, to establish more detailed guide-
lines for such programs, and to create a
streamlined administration of such assist-
ance; to tlie Committee on the Judiciary.
H.R. 588. A bill to amend the Omnibus
Crime Control and Safe Streets Act of 1968;
to the Committee on the Judiciary.
H.R. 589. A bill to amend title 5, United
States Code, to facilitate the collection of
statistics with respect to the Incideuce of
crime and to provide for the establishment
of a National Crime Statistics Center, and
for other purposes; to the Committee on the
Judiciary.
H.R. 590. A bill to provide for the compen-
sation of persons Injured by certain criminal
acts, to make grants to States for the pay-
ment of such compensation, and for other
purposes; to the Committee on the Judiciary.
H.R. 591. A bUl to amend the National En-
vironmental Policy Act of 1969 to provide for
citizens' suits and class actions in the U.S.
district courts against persons responsible
for creating certain environmental hazards;
to the Committee on Merchant Marine and
Fisheries.
H.R. 592. A bin to amend title 13, United
States Code, to provide for a mid-decade cen-
sus of population, unemployment, and hous-
ing ill the year 1975 and every 10 years there-
after; to the Committee on Post Office and
Civil Service.
H.R. 593. A bin to preside reimbursement
to State accounts In the Unemployment
Trust Fund for extraordinary unemployment
compensation outlays resulting from the ef-
fects of hurricane and tropical storm Agnes,
and for other purposes; to the Committee on
Ways and Means. ,
H.R. 594. A bni to amend the Internal Rev-
enue Code of 1954 to provide a special rule
for Industrial development bonds Issued for
reconstruction of certain disaster area losses;
to the Committee on Ways and Means.
H.R. 595. k bill to amend the Internal Rev-
enue Code of 1954 to allow a credit against
the Individual income tax for tuition paid
for the elementary or secondary education of
dependents; to the Committee on Ways and
Means. *
H.R. 596. A bni to amend the Internal Rev-
enue Code of 1954 to Include certain Joint
hospital laundry ventures among the co-
operative hospital service organizations en-
titled to tax exemption thereunder; to the
Committee on Ways and Means.
H.R. 597. A bill to require the Secretary of
the Treasury to provide each taxpayer with
an analysis of the proportionate doUar
amounts of this taxpayment which were
spent by the Federal Government, during
the latest fiscal year for which data are
available, for certain Items; to the Com-
mittee on Ways and Means.
H.R. 598. A bUl relating to withholding, for
purposes of the income tax imposed by cer-
tain cities, on the compensation of Federal
remployees; to the Committee on Ways and
Means.
H.R. 599. A bill to repeal the meat quota
provisions of Public Law 88-482; to the Com-
mittee on Ways and Means.
H.R. 600. A bin to provide that office, in-
dustrial, or household appliances and equip-
ment be conspicuously marked to show the
foreign country of origin, and for other pur-
poses; to the Committee on Ways and
Means.
H.R. 601. A bin to amend the Tariff Sched-
ules of the United States to repeal the
special tariff treatment accorded to articles
assembled abroad with components produced
in the United States; to the Committee on
Ways and Means.
H.R. 602. A bni to amend the Tariff Sched-
ules of the United States to repeal the special
tariff treatment accorded to articles as-
sembled abroad with components produced
In the United States; to the Committee on
Ways and Means.
By Mr. GROSS :
H.R. 603. A bill to prohibit travel at Gov-
ernment expense outside the United States
by defeated or retiring Members of Congress,
and for other purposes; to the Committee on
Foreign Affairs.
H.R. 604. A bill to create a catalog of Fed-
eral assistance programs, and for other pur-
poses; to the Committee on Government
Operations.
H.R. 605. A.bni to amend the Uniform Time
Act of 1966, in order to provide that daylight
saving time shall be observed in the United
States from the first Sunday following Me-
morial Day to the first Sunday following
Labor Day; to the Committee on Interstate
and Foreign Commerce.
H.R. 606. A bill to require judges of courts
of the United States to file cciifidentlal state-
ments with the Comptroller General of the
United States, and for other purposes; to the
Committee on the Judiciary.
H.R. 607. A bill to provide for a mandatory
yea and nay vote on recommendations of the
President fixing execvitive, legislative, and
Judicial pay; to the Committee on Post Office
and Civil Service.
H.R. 608. A bill to abolish the Commission
Oil Executive, Legislative, and Judicial Sal-
aries established by section 225 of the Federal
Salary Act of 1967. and for oiher purposes; to
the Committee on Post Office and Civil
Service.
H.R. 609. A bni to require that before im-
port quotas on meats may te suspe.iced or
Increased under subsection (d) (1) and (2)
of the act. the Secretary of Agriculture must
estimate that the average price expected to
be received by producers for beef rattle will
equal or exceed parity during the period of
the suspension or increased quotas; to -the
Committee on Wavs and Means.
By Mr. GROVER (for himself and Mr.
BlAGGI) :
H.R. 610. A bin to authorize the Secretary
of the Interior to establish a ^Jatlonal Law
Enforcement Heroes Memorial within the
District of Columbia, and for other purposes;
to the Committee on House Administration.
By Mr. GUBSER:
H.R. 611. A bill to amend title 10, United
States Code, to limit, and to provide more
effective control with respect to the use of
Government production equipment by pri-
vate contractors under contracts entered into
by the Department of Defense and certain
other Federal agencies, and for other pur-
pose.s; to tl:e Committee on Armed Services.
H.R. 612. A bill to authorize equalization
of the retired or retainer pay of certain mem-
bers and former members of the uniformed
Services; to the Committee on Armed
Services.
H.R. 613, A bin to establish a permanent
Commission on Organization of the Execu-
tive Branch of the Government; to the Com-
mittee on Government Operations.
H.R. 614. A bill to provide for the erection
of a monument on Alcatraz Island to serve
as a western counterpart to the Statue of
Liberty and commemorate the achievement
of American Independence; to the Committee
on Interior and Insular Affairs.
H.R. 615. A bill to authorize the National
Science Foundation to conduct research, edu-
cational, and assistance programs to prepare
the country for conversion from defense to
clvfiian. socially oriented research and de-
velopment activities, and for other purposes;
to the Committee on Science and Astro-
nautics.
H Jl. 616. A biir authorizing the Secretary of
the Army to establish a national cemetery at
Camp Parks, Calif., for northern California;
to the Committee on Veterans' Affairs.
CONGRESSIONAL RECORD — HOUSE
H.R. 617. A bUl to amend the Internal Rev-
enue Code of 1954 to allow a deduction for
purposes of the Federal estate tax for certain
amounts left by the decedent to certain
handicapped Individuals; to the Committee
on Ways and Means.
H.lf 618. A bin to permit one-half of the
budget surplus for any fiscal year to be ap-
plied against the public debt and to provide
that one-half of such s'arplus shall be ap-
plied as tax credits against individual Income
taxes; to the Committee on Ways and Means
By Mr. HANSEN of Idaho:
H.R. 619. A bni to prohibit the licensing of
hydroelectric projects on the Middle Snake
River below Hells Canyo;i Dam at any time
before September 30. 1978; to the Committee
on Interstate and Foreign Commerce.
By Mrs. HANSEN of Wishiit-gton:
H-R. 620. A bill to establ&i within the
Department of the Interior an additional
Assistant Secretary of the Interior for Indian
Affairs, and for other purposes; to the Com-
mittee on Interior and Insular Affairs
By Mr. HARRINGTON:
H.R. 621. A bin to authorize the Secretary
of Labor to prov'de financial and other as-
sistance to certain workers and small busi-
ness firms to assist compliance with State
or Federal pollution abatement require-
ments; to "uhe Committee on Banking and
Currency.
Bv Mr. HARRINGTON (for himself,
Mr. Sarbanes, and Mr. William D.
Ford) :
H.R. 622. A bill to require the President
to notify the Congress whene.cr he impounds
funds, or authorizes the impounding of
funds, aiid to provide a procedure imccr
which the Ho'.ise of Renres-jntatives and the
Senate may approve the President's action
or rer. are the President to cease such action;
to the Committee on Rules'.
By Mr. HASTINGS:
H.R. 623. A bill to amend the Controlled
Substances Act to provide for the registration
of pra,ctltioners conductii.g narcotic treat-
ment programs: to the Committee on Inter-
state and Foreign Commerce.
By Mr. HASTINGS (for him«-lf and
Mr. JIURPHV of Ne-A' 'Tork) :
H.R. 624. A bill to provide for the humane
care, treatment, habllltatio;-!. and protection
of the mentally retarded in residential facil-
ities through the establishment of strict
quality operation and co;,tro! standards and
the support of tlie iinplemertatlon of such
standards by Feder.-l as.'sis'-ancp, to establish
State plans which require a survev of need
for assistance to residential facilities to
enable them to be in complianre with
such standards, seek to minimi;'e i:vippro-
priite admls:ions to r-sidentlal facilities
ard c'.evc:..p s'r-te-les whicli stimulate the
clevelopme:it of regional and community
projir.ims for the me:ita!iy retarded which
li.clude ihe iiteeration of such rcs:de:-tlal
facilitipj, a' d for other purposes: to the
Conjmittee on Interstate r.r.d Foreign Com-
merce.
By Mr. H.ASTINGS (for himself and
Mr. Frev):
H.R. 625. A bill to amend the act providing
an ex.-mntion fr,;m the antitrust laws with
rpspect to agrenients between persons en-
gaging in certain profes.-.lonal sports for the
purpose of certain television contracts in
trder to terminate such exemption when a
ncrr.e 2.MTie is sold out; to the Conomittee
on the Judiciary.
By Mr. HECHLER of West Virginia:
H.R. 626. A bill to establish a sy.stem of
wild areas within the lands of the national
trest system: to (he Committee on Agricul-
ture.
H.R. 627. A bill to amend the Airport and
Airv.fiy D.'vel,jpnu-nt Act of 1970 to i. crease
the U.S. share of allowable project costs
under such act; to amend the Federal Avia-
tion Act of 1958 to prohibit certain State
taxation of persons in air transportation- to
k
provide for the establishment of a Federal
air transportation security force; and for
other purposes; to the Committee on Inter-
state and Foreign Commerce.
H.R. 628. A bUl to make use of a firearm
to commit a felony a Federal crime where
such use violates State law, and for other
purposes; to the Committee on the Judiciary
Mr. HEINZ:
H.R. ti29. A bill to provide financial assist-
ance for the construction and operation of
senior citizens' community centers and for
other purpose.s; to the Committee on Educa-
tion and Labor.
H.R. 630. A bin to place a limitation on
expenditures and net lending for the fiscal
year ending June 30, 1973; to the Committee
on Government Operations.
H.R. 631. A bill to improve the financial
management of Federal assistance programs,
to facilitate the consolidation of such pro-
grams, to strengthen further congressional
review of Federal grants-in-aid, to provide
a catalog of Federal assistance programs, and
to extend and amend the law relating to
intergovernmental cooperation; to the Com-
mittee on Government Operations.
H.R. 632. A bill to protect the individual's
right of privacy by prohibiting tiie sale or
distribution of certain information; to the
Committee on the Judiciary.
H.R. 633. A bill to amend the Disaster Re-
lief Act of 1970 to provide for the mandatory
development and maintenance by States of
disaster preparedness plans, to provide for
the annual testing of such plans, to increase
the amount of Federal aasistance in the case
of approved plans, and for other purposes;
to the Committee on Public Works.
H.R. 634. A bill to create a demonstration
project for the maintenance of safe Federal-
aid highways, other than interstate, bv the
m.st feasible economical methods; to the
Committee on Public Works.
K.R. 6.J5. A bill to amend the Internal Reve-
nue Cod..' of 1954 to impjse a:i e:<cise tax
on the discharge of pollutants; to the Com-
mittee on Ways and .Means.
H.R. 636. A bill to insure congressional
review of ta;v preference, and other items
which narrow the income tax base, by prc-
viditig now for the termination over a 3-
y-ar period of e::l.-:tin':; pr.r-i-lons of these
type ,; to the Committee on Ways and Means.
H.R. 6J7. A bill to amend the Social Se-
curity Act tn make certain that recipicts
of aid or a-ilstance under the various Fed-
eral-State puWic asjk!:'. .03 a. id medicaid
P-'-ogrpms (a id recipients of assistance ui'.der
tiio vitera;:s' pe.-sioii a.ci c rape r>sat ion pro-
grams or any other Feil^ral < r fecitraily as-
sisted profc-ram) will not >.a.e the amount of
such aii or assistance redjced bacause of
iucreaies m mciiihly social ieouritv benefits:
to the C.nmittcc on Wavs a;.d Means
Bv Mr. HELSTOSKI: /
HR. G38. .\ bill to amend t ile II of th?
S-jcia! Sec-irity Act to iinpro7e th3 rcmpi'ta-
tio.i cf an :: dividnul"? old-aae. surrivors'. ai'd
disability Insurance beiiefit?, by -orovidi'ic a
f-n-nula under which stich benefits wifl re-
i^-oct b th the current \\a£;p level.? rt the
tmie CI sum indloiduaVs entitlement and the
length of oUi^h iiidividual's ioveraje; to the
C.nimi' te°"mi Wav.i and Means
Ey Mr. HOGAN (for l^lmsolf a:.d >^■r.-
IIoi.Ti :
HP.. 639. A bin to delav
cf c.r.irt orders wi<h re^rjcct
til al! .aijpeali fr. in s;ich
Ihe 'TiTect'i.-e.iPf.s
io schocl busing
ders have been
on 'he Judiciary.
ial-.en: t-j the C^^nimittee
By Mr. HOSMER,;
H.R. CW A ";in to lermit rkired vDersonnel
of the Armed F-)ives to r.'.-el.-e be lefit.s vw
dcr chiptor 81 to titlt- 5. United Staic.^; Code,
relating to com -eiisiti.-.n cjf Federal em-
ployees for work injuries: to..the Committee
on Ed u -lit Ion and l,n')f.r.
H.R. 641. A bill To auie-id .and sunplem?:>t
the Federal reclamation laws relating to the
furnishing of w.itcr ser. ice to excess lands;
to the Committee on Interior and lusular
Affalrs.
H.R. 642. A bill to authorize the Secretary
of the Interior to construct and to provide for
operation and maintenance of the Peripheral
Canal unit of the Delta dlviiion and to con-
struct, operate, and maintain the Kellogg
unit of the Delta division of the Central Val-
ley project, Calif., and for other purposes;
to the Commlitee on Interior and Insular Af-
fairs.
H.R. 643. A bill to amend the Federal Food,
Drug, and Cosmetic Act to mclude a defini-
tion of food supplements, and for other put*
poses; to the Committee on interstate and
Foreign Commerce.
H.R. 644. A bUl to provide for the U.S. Dis-
trict Court for the Central Dlslriot of Cali-
fornia to hold court at Santa Ana. Calif^;
to the Committee on the J-adicarv.
H.R. 645. A bill to designate the fourth
Friday In September of everyvear as Amer-
ican Indian Day; to the Committee on the
Judiciary.
H.R. 646. A bni to amend title 38 of the
United States Code to provide for a pension
of SlOO per month for widows of veterans of
World War I, ai-d lo disregard the spouse's
Income In determining the annual income of
veterans for pension purposes imder section
521 of such title; to the Committee on Veterf
an's Affairs. |
H.R. 6'!7. A bni to amend title 38 of the
United States Code so as to provide-that pub-
lic or private retirement, annuity, or endow-
ment payments (Including monthlv social
security insurance bensflts) shall not be ln4
eluded in computing annual Income for the
purpose of determining ellglbnitv for a pen-
sion under chapter 15 of that title; to the
Committee on Veterans' Affairs.
H.R. 648. A bin to amend the Iijternal Rev4
euue Code of 1954 to provide that mutual
fund fliares and securities trust agreements
shall be valued at their bid price, rather than
at tlieir as;;ed price, for estate and gift tax
purposes; to the Committee on Wavs and
Means.
By Mr. HUNT:
H.R. C49. A bill to limit the autbority of
States and their subcjivislans to impose taxes
with respect to l.i'30B«(on residents of other
States: to the Comminee on the Judlclarv.
By Mr. ICHORD: ■ ' •
H.R. 650. A bin to make it a Federal crime
to kill or assault a fireman or la-Ji- enforce-
ment offictT engaged In the rerformance of
his du-ies when tha offender travels in inter-
state commerce or uses any faclltty of Inter-
state commerce for such " purposes; to tlie
Committee on the Judiciary.
H.R. 651. A bill to amenji the Judiciary and
Judicial Procedure Act of 1948: to the Com-
mit, ee en the Judiciarv.
Bv Mr. JOHNSON of California;
H.R. 652. A bill to amend fection 1331(c)
of title 10. Unltpji States Code, to authorize
the granting of retired pay to peS^sons othcr-
^^•lse qualified who were Reser.es before
August 16, 1945. and who served on active
d\r.y during tlie so-called Berlin crisis; to
the C.-jnirnittee on Armed Services.
H.R. 653. A bin to authorize the Secretary
of the Interior to construct operate, and
maintain the Cosumnes River di\-3slon. Cen-
tral Valley project, California and for other
purposes: to the Committee ow Interior and
In nilar Affairs.
H.R.651. .K bill to authorize the Secretary
of the Interior to construct, operate, and
mainain the .Allen Cafcp unit. Pit River di-
vision. Central Valley pi!oJcct. California, and
for other purposes; to the C.^ntmittee on
Interior and Insular .'Vffpirs.
H.R. G55 .\ h;;; to provide for tlie naming '
of the .lake to be cre^tel bv tlw ^
Darn, Chowchil.a River. Calif.: to
niittee ow Publir Works.
By Mr. JONES of Alabama
.■5eif, Mr. Bf.Vill. and Mr. Buchanan) :
H.R. 6?6. A bill prjvidliij: for ::lf^ establish-
Buchanan
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CONGRESSION AL RECORD — HOUSE
January 3, 1973
nt of a wild area' system: to the Commit- '
on Agriculture.
By Mr. KARTH (for himself and Mr.
DlNCELL) :
H.R. 657. A bill to amend the National En-
i: onmental P.jllcy Act of 1960 to provide for
zens actions in .the U.S. district courts
nst per.sons re.sponsible for creating cer-
n envlronmpntal hazards: to the Commit-
on Merchant Marine and Fisheries. {»
By Mr. KEATING: I
i R 658. .A bill to guarantee the right of
minal defendants to a speedy trial and to
uce crime and injustice by improving the
subervlslon of persons released on ball and
pr)batlon. and for other purposes: to the
Ct mmittee on the Judiciary.
1 R 659. A bill to amend chapter 235 of
e 18. United States Code, to provide for
ppellate review of sentences Imposed In
minal cases arising in the district courts
the United States, and for other purposes:
the Committee on the Judiciarv.
By Mr. KOCH: ^
dR 660 A bill to amend the Agricultural
of 1956 to allow for the donation of cer-
n surplus commodities by the Commodity
it Corporation to State and local penaJ
Inititutions. and for other purposes: to the
( mmittee on Agriculture,
tl R. 661. A bill to amend the Consumer
Protection Act; to the Committee on
Binklng and Currency.
S.R. 662. A bill to amend the Truth In
iding Act to protect consumers against
less and erroneous billing, and to require
statements under open-end credit ^ans
mailed In time to permit payment prior
Lhe imposition of finance charges; to the
Cimmlttee on Banking and Currency.
H R. 663 A bill to amend the Lead-Based
nt Poisoning Prevention Act. and lor
purposes; to the Committee on Bank-
and Currency.
H R 664. A blil to amend the Urban Mass
Ti ansportatlon Act of 1964 to provide emer-
cy grants for operating subsidies to ur-
mass transportation systems on the basis
passengers serviced; to the Committee on
king and Currency
H R 6("5 A bill to protect the constltu-
nal rights of citizens of the United States
to prevent unwarranted Invasions of pri-
y by prescribing procedures and standards
?rnlng the disclosure of information to
,>rnment acenctes; to the Committee on
Tiklng and Currency,
H R. 66'). A bill to amend the Elementary
Secondarv EducaMon Act of 1965 to as-
; n
ni
ai d
vt c\
gcv
G.
B
Id
^e^^!
pi ised
C
e: 1
i )n,
r 3m
school dlstrlctS?TO carry out locally ap-
ed school security plans to reduce crime
Inst children, employees, and facilities of
schools; to the Committee on Education
Labor,
HR. 667. A bill to amend title 5, Uniteid
es Code, to provide that persons be ap-
of records concerning them which are
untained by Gov«'nment agencies; to the
mmitteo on Government Operations.
HR. 668. A bill to restore to Federal civilian
ployees their rights to participate, as pri-
te citizens. In the political life of the Na-
to protect Federal civilian employees
Improper political sollcltatloits. and for
ler purposes: to the Committee on House
ministration
H R. 669. A bill to amend certain provisions
the Controlled Substances Act relating to
Ihuana; to the Committee on Interstate
I'J Foreign Commerce
By Mr KUYKEND.M.L:
H R 670. A. bill to amend the Federal Avia-
n Act of 1958 to provide for the e.=tabll^-
nt of an air trarsportation security p?o-
m and an air trai soortatlon security-law
forcement force adequate to assure the
sifetv and security of passengers in air trans-
p )rtation. and for other purposes; to the
C immittee on Interstate and Foreign Com-
n erce. i
ol
m irl
'By Mr. KOCH;
HR, 671. A bill to amend the Federal Food.
Drug, and Cosmetic Act to regulate the
advertising and distribution of organically
grown and processed foods; to the Committee
on Interstate and Foreign Commerce.
H R, 672, A bill to amend the Public Health
Service Act to direct the Secretary of Health,
Education, and Welfare to prescribe radiation
standards for, and conduct regular inspec-
tions of. diagnostic and other X-ray systems;
to the Committee on Interstate and Forelgix
Commerce.
H R. 673 A bill to amend the Public Health
Service Act to provide for the protection of
the public health from unnecessary medical
e.xposure to ionizing radiation; to the Com-
niittea on Interstate and Foreign Commerce.
HR. 674. A bill to approve and authorize
amnesty or mitigation of punishment for
certain persons who have illegally manifested
their disapproval of U.S. participation in the
Southeast Asia war; and to provide for resto-
ration of civil and political rights that have
been lost or impaired by reason of such
illegal acts, and for other purposes; to the
Committee on the Judiciary.
H.R. 675. A bill to amend title 18. United
States Code, to conditionally suspend the
application of certain penal provisions of
law; to the Committee on the Judiciary.
HR. 676. A bill to amend section 201 of
title 18. United States Code, to provide that
the bribery of State and local officials shall
be a Federal crime; to the Committee on
the Judiciary.
H.R. 677. A bill to amend the Omnibus
Crime Control and Safe Streets Act of 1968
to provide for the development and opera-
tion of treatment programs for certain drug
abusers who are confined to or released from
correctional Institutions aiad facilities; to
the Committee on the Judiciary.
H.R. 678. A bill to prohibit the Importa-
tion, manufacture, sale, purchase, transfer,
receipt, or transportation of handguns, in
any manner affecting interstate or foreign
commerce, e.xcept for or by members of the
Armed Forces, law epforcement officials, and,
as authorized by the Secretary of the Treas-
ury, licensed Importers, manufacturers, deal-
ers, and pistol clubs to the Committee on
the Judiciary.
HJl. 679. A bill to require the registration
of all firearms, with certain exceptions to
the Committee on the JudicHry.
H.R. 680. A bill to grant a child adopted bv
a single U.S. citizen the same immigrant
status as a child adopted by a U.S. citizen
and his spouse: to the Committee on the
Judiciary.
H.R. 681. A bill to amend the Immigration
and Nationality Act with respect to the
waiver of certain grounds for exclusion and
depqrtation; to the Committee on the Judi-
ciary.
H.R. 6C2. A bill to Improve law enforce-
ment in cities through a temporary Federal
grant program for the purposes of Increas-
ing the compensation of policemen and creat-
ing additional positions on local police
forces; to the Committee on the Judiciary.
H.fe. 683. A bill to amend the Omnibus
Crime Control and Safe Streets Act of 1968
to provide for grants to cities for Improved
street lighting; to the Committee on the
Judiciary.
H R. 684. A bill to provide for family visita-
tion furloughs for Federal prisoners; to the
Committee on the Judiciary.
H.R. 685. A bUl to provide minimum stand-
ards ln» connection with certain Federal fi-
nancial assistance with respect to correction-
al Institutions and facilities; to the Commit-
tee on the Judiciary.
HR 686. A bill to assist In combating
crime by reducing the Incidence of recidi-
vism, providing Improved Federal. State, and
local correctional facljltles and services,
strengthening administration of Federal cor-
rections, strengthening control over proba-
tioners, parolees, and persons found not
guilty by reason of Insanity, and for other
purposes; to the»Conunittee on the Judiciary.
HJl. 687. A bill to assist in reducing crime
by requiring speedy trials in cases of persons
charged with violations of Federal criminal
laws, to strengthen controls over dangerous
defendants released prior to trial, to provide
means for effective supervision and control
of such defendants, and for other purposes;
to the Committee on the Judiciary.
H.R. 688. A bill to protect the constitution-
al rir;hts of citizons c f the United States and
to prevent unwarranted Invasion of their
privacy by prohibiting the use of the poly-
graph for certain purposes; to the Commit-
tee on the Judiciary.
H.R. 689. A blU to amend section 712 of
title 18 of the United States Code, to prohibit
persons attempting to collect their own debts
from misusing names In order to convey the
false impression that any agency of the Fed-
eral Government is Involved in such collec-
tion; to the Committee on the Judiciary.
H.R. 690. A bill to amend ciiapter 3 of title
3, United States Code, to prmide for the
protection of fcreiga diplomatic missions;
to the Commi&sion on Public Works.
H.R. 691. A bill to improve the efficiency
of the Nation's highway system, allow States
and localities more flexibility in utilizing
highway funds aid for other purposes; to
the Committee or. Public Works.
HR. 692. A bill to amsnd title 23 of the
United States Code to authorise construction
of exclusive or preferential bicycle lanes, and
for other purposes; to the Committee on Pub-
lic Works.
H R. 693. .\ bill to authorize the Adminis-
trator of General Services to transfer certain
airspace for use for housing purposes; to the
Committee on Public Works.
H.R. 694. A bill to amend title 2. United
States Code, to provide that Individuals be
apprised of records co';cerning them which
arc maintained by the Committee on. Internal
Seciirity of the Hotise of neprescntatives; to
the Committee on Rules.
H.R. 695. A bill to amend title 38 of the
United States Code in order to permit vet-
erans to transfer all or part of their edtica-
tlonal assistance under chapter 34 oi such
title to their spouses, and to provide educa-
tional assistance at the secondary school level
to widows, widowers, and spouses eligible for
educational assistance under chapter 35 of
such title; to the- Committee on Veterans"
Affairs.
H.R. 696. A bill relating to the tax treat-
ment of transfers of rights to copyrights and
literary, musical, and artistic compositions;
to the Committee on Ways and Means.
H.R. 697. A bill to modify the restrictions
contained in section 170(e) of the Internal
Revenue Code in the case of cert.^in contri-
butions of literary, musical, or artistic com-
position, or similar property; to the Commit-
tee on Ways and Means.
H R. 698. A bill to amend the Internal Rev-
enue Code of 1954 to increase to $1,200 the
pers.onal Income tax exemptions of a taxpayer
(Including the exemption for a spouse, the
e.xemptlons for dependents, and the addi-
tional exemptions for old age and blindness) ;
to the Committee on Ways and Means.
H R. 699. A bill to amend the Internal Rev-
enue Code of 1954 to provide that In the case
of a dependent 62 or more years of age the
support test shall be satisfied If the taxpayer
contributes SI. 500 or more to the support of
such dependent; to the Committee on Ways
and Means.
H.R. 700 A bill to amend the Internal Rev-
enue Code of 1954 to provide that blood do-
nations shall be considered as charitable con-
trlbtitions deductible from gross Income; to
the Committee on Ways and Means.
H R. 701. A bill to amend section 162 of the
Internal Revenue Code of 1954 with respect
January 3, 1973
I
I
CONGRESSIONAL RECORD — HOUSE
to the deductibility of expenses for the pur-
pose of procuring employment; to the Com-
mittee on Ways and Means.
H.R. 702. A bill to amend the Internal Rev-
enue Code of 1954 to allow a deduction to
tenants of houses or apartments for their pro-
portionate share of the taxes and Interest
paid by tholr landlords; to the Committee on
Ways and Means.
H.R. 703. A bill to amend section 216 of the
Internal Revenue Code of 1954 to Include
corporations and others within the definition
of the term "tenant-stockholder" for pur-
poses of the provisions relating to cooperative
housing corporations; to the Committee on
Ways and Means.
H.R. 704. A bill to amend the Internal Rev-
enue Code of 1954 to provide that the 4-per-
cent excise tax on the net investment Income
of a private foundation shall not apply to a
private foundation organized and operated
exclusively as a library or museum; to the
Committee on Ways and Means.
H.R. 705. A bin to amend the Internal Rev-
enue Code of 1954 and title II of the Social
Security Act to provide a full exemption
(through credit or refund) from the em-
ployees' tax under the Federal Insurance Con-
tributions Act. and an equivalent reduction
in the self-employment tax. in the ca'se of
individuals who have attained age 65; to the
Committee on Ways and Means.
> HR. 706. A bill to amend title II of the
Social Security Act to reduce from 20 to 10
years the length of time a divorced woman's
marriage to an insured Individual must have
lasted in order for her to qualify for wife's or
widow's benefits on his wage record: to the
^Committee on Ways and Means.
H R. 707. A bill to amend title II of the
Social Security Act to provide that the re-
marriage of a widow, widower, or parent shall
not terminate his or her entitlement to
widow's, widower's, or parent's Insurance
benefits or reduce the amount thereof; to the
Committee on Ways and Means.
H R. 708. A bill to amend title V of the
Social Security Act to extend for 5 years (un-
til June 30. 1978) the period within which
certain special project grants may be made
thereunder; to the Committee on Wavs and
Means.
H.R. 709. A bUl to amend title XVIII of the
Social Security Act to require that public
1-eaUh service hospitals. Veterans' Adminis-
tration hospitals, and ho.spltals receiving as-
sistance under the Hill-Burton Act make
available to persons entitled to benefits un-
der the medicare progrejm. at cost, prescrip-
tion drugs not covered under that program,
eyeglasses, and hearing aids; to the Commit-
tee on Ways and Means.
H.R, 710. A bill to amend the Social Se-
curity Act to provide that the Secretary of
Health, Education, and Welfare (in the case
of the old-age, survivors, and dj.sabilitv in-
surance program or the medicare program)
or the appropriate State agency (in the case
cf any of the public a.ssistance or medicaid
progrcims) shall be liable for attornev's fees
incurred by an individual in successfully
challenging a decision which denies him the
benefits or assistance, or reduces or limits the
benefits or a.ssistance. to which he is entitled
under such program; to the Committee on
Ways and Means.
H.R. 711. A bill to establish a transporta-
tion trust fund, to encourage urban mass
transportation, and for other purposes; to
the Committee on Ways and Means.
By Mr. KOCH (for himself and Mr.
Brademas) :
H R. 712, A bill to amend the Education of
the Handicapped Act to provide for compre-
hensive education programs for severely and
profoundly mentally retarded children; to
the Committee on Education and Labor,
By Mr. KOCH (for himself, Mr. Ad-
DABBo, Mr. B.ADiLLo, Mr. Bingham, Mr.
BoLAND, Mr. Burke of Massachu-
setts, Mr. Drinan. Mr. Edwards of
California. Mr. Puqua. Mr. Gray, Mr.
Green of Pennsylvania. Mr. Gude,
Mr. K^RRiNmoN, Mr. Hawkins, Mr!
Hechler of West Virginia. Mr.
Helstoski, Mr. Hungate, Mr. Karth,
Mr. Long of Maryland. Mr. Mc-
Closkey. Mr. Mitchell of Maryland,
Mr. Murphy of Illinois, Mr. Nix, Mr.
PoDELL. and Mr, Rees) :
H.R. 713. A bill to prohibit the use of funds
authorized or appropriated for mlUtarv ac-
tions in Indochina except for purposes of
withdrawing all U.S. forces from Indochina
within a 30-day period if within that period
all American prisoners of war are released and
American servicemen missing in action are
accounted for. and to halt Immediately all
air bombing in Indochina; to the Committee
on Foreign Affairs.
By Mr. KOCH (for himself. Mr.
Eckhardt. Mr. RiEGLE. Mr. Rodino.
Mr. Rosenthal. Mr. Rotbal, Mr!
Sarbanes. Mr. Seiberlinc, Mr.
Studds, Mr. Thompson of New
Jersey. Mr. Wolff, and Mr. Yatron) :
H.R. 714. A bill to prohibit the use of funds
authorized or appropriated for military ac-
tions in Indochina except for purposes of
withdrawing all US forces from Indochina
within a 30-day period if within that period
all American prisoners of war are released
and American servicemen missing in action
are accounted for. and to halt immediately
all air bombing in Indochina; to the Com-
mittee on Foreign Affairs.
By Mr. KOCH (for himself. Ms. Abzug,
Mr. Archer. Mr. Bell, Mr. Bingham,
Mr. Boland, Mr, Brasco. Mr. Brown
of Michigan, Mr. Buchanan, Mr.
Carney of Ohio. Mr. Conte, Mr.
Conyers. Mr. Coughlin. Mr. Crane.
■ Mr. Downing. Mr. Drinan. Mr. Ed-
wards of California. Mr. Eilberg. Mr.
Esch. Mr. Fascell, Mr. Fish. Mr.
Flood. Mrs. Grasso. Mr. Gude, and
Mr. Hamilton) :
H R 715. A bill to extend to all unmarried
individuals the full tax benefits of income
splitting now enjoyed by married Individuals
filing joint returns: and to remove rate in-
equities for married persons where both are
employed; to the Committee^ on Wavs and
Means.
By Mr. KOCH (for himself, Mr. H.ar-
rington. Mr Hastings, Mr, Hawkins,
Mr, Helstoski. Mr. Horton. Mr.
How.ard. Mr. Keating. Mr. Kemp.
Mr. Lent. Mr. McClorv. Mr. Mc-
Closkey, Mr. Madden, Mr. Mazzoli,
Mr. Minshall of Ohio. Mr. Mollo-
han. Mr. Nix, Mr. Pepper. Mr. Podell.
Mr. Price of Illinois. Mr. Rangel.
and Mr. Rodino) :
H.R. 716. A bill to extend to all unmarried
Individuals the full tax benefits of income
.splitting now enjoyed by married individuals
filing Joint returns; and to remove rate in-
equities for married persons where both are
employed; to the Committ-ee on Ways and
Means.
By Mr. KUYKENDALL:
H.R. 717. A bill to assure the free flow of
information to the public: to the Committee
on the Judiciary. 't
By Mr. ADDABBO:
HR 718. A bill to amend the Defense Ap- ,
propriatlons Act of 1973; to the Committee
on Appropriations.
By Mr. ANDERSON of California:
H.R. 719. A bill to amend the Fishermen's
Protective Act of 1967 to require the return
of certain vessels pf the United States; to
ihe Committee on Merchant Marine and
Fisheries.
By Mr. BROYHILL < f North C.TDlina-
HR 720. A bill to provide authorizations
for appropriations f< r the Federal Aviation
Administration for fiscal year 1974. 1975. and
1976; to the Committee on Interstate and
Foreign Commerce.
55
By Mr. LENT;
H.R. 721. A bUl to amend title 10. United
States Code, to permit employment of cer-
tain miUlary personnel" by foreign govern-
nients or concerns; to the Committee on
Armed Services.
H.R. 722. A bill to establish a contiguous
fishery zone i200-mUe limit i beyond the ter-
ritorial sea of tiie United Slates; to the
Committee on Merchant Marliie arid Fish-
eries.
By Mr. LONG of Maryland :
H.R. 723. A bill to provide additional pro-
tection for the rights of participants in em-
ployee pension and profit -sharlng-retirement
plans, to establish minimum standards for
pension and profit-sharing-retirement plan
vesting and fuiiding, to establish a pension
pla:i reinsurance program, to provide for
portability of pension credits, to provide for
^regulation of the administration of pension
and other employee benefit plans, to estab-
lish a U.S. Pension and Employee Benefit
Plan Commission, and f^r other purposes:
to the Committee on Education and Lflbor.
By Mr. McCLORY (for himself. Mr.
Blackburn. Mr. Brasco. Mr. Edwards
of California. Mr. Frenzel. Mr. Hel-
stoski. Mr. Ichord, Mr. Meeds, Mr.
Michel, Mr. Moss. Mr.- Pettis, Mr.
PoDEiL, Mr. Railsback, Mr Wai.dif.
aid Mr. 'Ware) :
H.R. 724. A bill to establish a programi for
the United States to convert to the metric
system; to the Committee on Science land
Astronautics.
By Mr. McDADE;
H.R. 725. A bill to amend the Housing and
Urban Development Act of 1968 with respect
to flood Insurance by establishing the Na-
. tlonal Disaster Insurance Fund, and for
other purposes: to the Committee on Bank-
ing and Currency.
H R. 726. A bill to provide for the regula-
tion of surface coal mining for the conserva-
tion, acquisition. Eind reclamation of surface
areas affected by coal mining activities, and
for other purposes; to the Commfttee on In-
terior and Insular Affairs.
H.R. 727. A bill to revise and simplify the
Federal di.saster relief program, to assure ade-
quate funding for such program, and for
other purposes; to the Committee on Public
Works.
H.R. 728. A bill to amend th# Internal Rev-
enue Code of 1954 to provide that taxpayers
shall not be required to reduce the amount
of casualty loss deductions by the amount
of reimbursement anticipated from the can-
cellation of certain Federal loans made In
the case of certain disasters; tp the Commit-
tee on Ways and Means.
By Mr. McKINNEY:
H.R. 729. A bill to provide fcomprehendlve
vocational and rehabilitative Services for in-
dividuals with spinal cord injuries through
the establishment of' national centers for
spinal cord Injuries; to the Committee on
^Education and Labor. 1
By Mr. MAILLIARD: '
H.R. 730. A bill to provide protection for
the fish resources of the United States in-
cluding the freshwater and marine fish cul-
tural industries against the Introduction and
dissemination of diseases of fish and shell-
fish, and for other purposes; to the Commit-
tee on Merchant Marine and Fisheries.
H.R. 731. A bill to establish wildlife, fish,
and game conservation and rehabilitation
programs on certain lands under the Juris-
diction of the Department of the Interior,
the Department of Agriculture, the Atomic
Energy Commission, and the National Aero-
nautics and Space Administration, aijd for
other purposes; to the Committee on Mer-
chant Marine and Fisheries.
H.R. 732. A bill to extend to hawks, owls.
and certain other raptors the protection now
accorded to bald and golden eagles; to the
Committee on Merchant Marine and
Fisheries.
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CONGRESSIONAL RECORD
HOUSE
January 3, 1973
H.R. 733. A bill to extend and expand the
ai thorUy for carrying out conservation and
re nablhtation programs on military reserva-
tions, and to authorize the Implementation
of such programs on certain public lands;
tc the Committee on Merchant Marine and
Fisheries.
H.R. 734. A bill to amend the Merchant
M irine Act of 1970; to the Committee on
!irchant Marine and Fisheries.
HR.735. A bill to revise and improve the
vs relating to the documentation of ves-
?: to the Committee en Merchant Marine
d Fisheries.
H.R. 736. A bill to confer exclusive jurls-
tion on the Federal Maritime Commission
T certain movements of merchandise by
t;e in foreign commerce; to the Committee
Merchant Marine and Fisheries.
H R. T:?7. A h)ill ro amend the National En-
ronmental Policy Act of 1969, to provide
r a national environmental data system;
the Committee on Merchant Marine and
shenes.
H.R. 738. A bill to amend the Oil Pollution
t, 1961 175 Stat. 402). as amended, to im-
ement the 1969 and the 1971 amendments
the International Convention for the Pre-
ntion of the Pollution of the Sea by Oil,
'54. as '-mencied; and for other purposes; .
the Committee on Merchant Marine and
sheries.
H.R. 739. A bill to amend the Shipping Act,
!6. *o provide for th^ establishment of
is^le-fnctor rates under a through bill of
ding for the transportation of property In
e foreign ar.d domestic offshore commerce
the United States, and for other purposes;
the Committee on Merchant Marine and
sherl'-
Ev Mr. MANN:
H.R. 740. A bill to ame-'d the Comprehen-
s ve Drug -Abuse Prevention and Control Act i
0 ■ 1970 to provide Increa.-sed penalties for dis-
t ioutlon of heroin by certain persons; to the
C ommitt?e on Interstate and Foreign Corn-
ice rce.
By Mr. M.\NN (for himself, and Mr.
Taylor of North Carolina) :
H R 741. A bill to provide for a study of a
pJroposed Southern .Appalachian Slope Na-
;onal Recreation Area on the southern slope
r f the Appalachian Highlands in areps of the
tates of South Carolina. North Carolina, and
deorq'.a; to the Committee on Interior atid
ljisul?r Affairs.
Bv Mr. MATSUNAGA:
H R. 742. A bill to extend the Consolidated
r.irmer? Home A.dmlnistratloa Act of 1961. as
£ mended, to American Samoa; to the Com-
ijiittee on Agriculture.
H R. 743. A bill to amend the act to estab-
ish Federal ^agricultural ^rvlces to Guam;'
10 the Committee on Agriculture.
H.R. 744. A bill to provide that poultry and
1 neat prcducts prepared from diseased ani-
iials shall be deemed adulterated; to the
Committee on Agriculture. »
H.R. 74.5. A bill to amend the Sugar Act or
;J48 to prescribe minimum wages and con-
I litions of employment for farmworkers, and
or other purposes: to the Committee on
Uriculture.
H R. 7i6. A hill to authorize the Secretary
>f the Navy to construct end provide shore -
ide facilities for the education and con-
enience of visitors to the U.S. Ship Arizona
.lemorial at Pearl Harbor and to transfer re-
iponsibility for their operation and maln-
er.ance to the National Park Service; to the
rorr.mittee on Armed Services.
H.R..747. A bill to protect the political
■Ights and privacy of 'individuals and orga-
Uzations and to define the authority of the
\rmed Forces to collect, distribute, and store
nformr.tion about civilian political activity;
:n the Committee on Armed Services.
H.R. 748. A bill to amend title 10 oi the
Dnited States Code to establish procedures
providing members of the Armed Forces re-
dress of grievances arising from acts of bru-
tality or other cruelties, and acts which
abridge or deny rights guaranteed to them by
the Constitution of the United States, suf-
fered by them while serving in the Armed
Forces, and for other purposes; to the Com-
mittee on Armed Services.
H.R. 749. A bUl to amend title 10. United
States Code, to permit the recomputatlon of
retired pay of certain members and former
members of the Armed Forces; to the Com-
mittee on Armed Services.
H.R. 750. A bill to amend title 10 of the
United States Code in order to authorize
assistance in providing facilities and serv-
ices abroad for the Veterans of Foreign Wars
of the United States when the President
finds such assistance to be necessary in the
national interest; to the Committee on
Armed Services.
HR. 751. A bill to amend section 405 of
title 37. United States Code, relating to the
payment of a per diem with respect to the
dependents of certain members of the uni-
formed services while on duty outside of the
United States; to the Committee on Armed
Services.
H.R. 752. A bin to prohibit federally insured
financial institutions from engaging in cer-
tain promotional practices; to the Committee
on Banking and Currency.
H.R. 753. A bill to amend section 5(c) of
the Home Owners' Loan Act of 1933; to the
Committee on Banking and Currency.
H.R. 754. A bill t^ amend the Truth-ln-
Lendlng Act to require that statements un-
der open end credit plans be mailed In time
to permit payment prior to the Imposition
of finance charges; to the Committee on
Banking and Currency.
H.R. 755. A bill to amend the National
Foundation on the Arts and Humanities Act
of 1965 to provide for the Office of Poet
Laureate of the United States; to the Com-
mittee on "Education and Labor.
H.R. 756. A bill to amend the National
Labor Relations Act to make Its provisions
applicable to cert||n additional territories of
the United States; to the Committee on Edu-
cation and Labor. -
H.R. 757. A bill to amend the Occupational
Safety and Health Act of 1970 to require the
•Secretary of Labor to recognize the difference
in hazards to employees between the heavy
construction Industry and the light resi-
dential construction Industry; to the Com-
mittee on Education and Labor.
K.R. 758. A bill to provide public service
employment opportunities for unemployed
and underemployed per.^ons. to assist States
and local communities In providing needed
public services, and for other purposes; to
the Committee on Education and Labor.
H.R. 759. A bill to strengthen Interstate
reporting and interstate services for parents
of runaway children; to conduct research on
the size of the runaway yotith population;
for the establishment, maintenance, and
operation of temporary housing and counsel-
ing services for transient youth, and for
other purposes; to the Committee on Edu-
cation and Labor.
H.R. 760. A bin to permit greater involve-
ment of American medical organizations and
personnel In the firrnlshlng of health serv-
ices and assistance to the developing nations
of the world, p.rd for other pvirposes; to the
Committee on Foreign Affairs.
H.R. 761. A bill to establish an executive
department to be known as the Department
• of Education, and for other purposes; to the
Committee on Government Operations.
H.R. 762. A bill to establish an Office of
Consumer Affairs In the Executive Office of
the President and a Consumer Protection
Agency in order to secure within the Federal
Government effective protection and repre-
sentation of the Interests of consumers, and
for other purposes; to the Committee on
Govenunent Operations.
H.R. 763. A bin to amend title 5, United
States Code, with respect to the relocation
expenses of employees transferred or reem-
ployed; to the Committee on Government
Operations.
H.R. 764. A bUl "to provide that the Presi-
dent of the United States shall designate as
Governor and Lieutenant Governor of Ameri-
can Samoa the Individual who is nominated
by the electors of American Samoa for each
such position, and for other purposes; to the
Committee on Interior and Insular Affairs.
H.R. 765. A bill to, amend the F,edcral Avia-
tion Act of 1958 to authorize Teduced rate
transportation for certain additional persons
on a space-available basis; to the Committee
on Interstate and Foreign Commerce.
H.R. 766. A bill to amend the Federal Avia-
tion Act of 1958 to require the Secretary of
Tra.jsportation to issue regulations providing
for a progc&m for the dlsin.section of aircraft
arriving in the United States; to the Com-
mittee on Interstate and Foreign Commerce.
H.R. 767. A bill to amend the International
Travel Act of 1961 to provide for Federal
regvilation of the travel agency industry; to
the Committee on Interstate and Foreign
Commerc3.
H.R. 768. A bill to provide that the Secre-
tary of Transportation and tlie Interstate
Commerce Commission require common car-
riers under their jurisdiction to prohibit
smoking aboard aircraft, railroads, buses, and
vessels carrying passengers, except i!i areas
designated for that purpose; to the Commit-
tee on Interstate ard Foreign Commerce.
H.R. 769. A bill to amend the Federal Food,
Drug, and Cosmetic Act to regulate the ad-
vertising and distribution of organically
grow a and processed foods; to the Committee
on Interstate ai^d Foreign Commerce.
H.R. 770. A bill to amend the Federal Food.
Drug, and Cosmetic Act to Include a defini-
tion of food'^upplements, and for other pur-
poses; to the Committee on Interstate and
Foreign Commerce.
H.R. 771. A bill to provide for a training
program for organized crime prosecutors, an
annual conference of Federal, State, and
local officials in the field of organized crime.
an annual report by the Attorney General on
organized crime, and for other purposes; to
the Committee on the Judiciary.
H.R. 772. A bill to establish an Academy of
Criminal Justice and to provide for the
establishment of such other Academies of
Criminal Justice as the Congress may here-
after authorize: to the Committee on the
Judiciary.
H R. 773. A bill to give effect to the sixth
amendment right to a speedy trial for persons
charged with offenses against the United
States, and to reduce the danger of recidi-
vism by strengthening the supervision over
persons released on bail, probation, or parole,
and for other purposes; to the Committee on
tlje Judiciary.
H.R. 774. A bin to provide for the com-
pensation of persons injured by certain crim-
inal acts; to the Committee on the Judi-
ciary.
H.R. 775. A bill to prohibit the Importa-
tion, manufacture, sale, purchase, transfer,
receipt, or transportation of handguns, in
any manner affecting interstate or foreign
commerce, except for or by members of the
Armed Forces, law enforcement officials, and,
as authorized by the Secretary of the Treas-
ury, licensed importers, m.inufacturers. deal-
ers, and pistol clubs; to the Committee on
the Judiciarv.
H.R. 776. A bin to amend section 212(b) of
the Immigration and Nationality Act to ex-
empt from the literacy requirement of sec-
tion 212(a) (25) certain additional relatives
of United States citizens and permanent resi-
dent aliens; to the Committee on the Judi-
ciarv.
H.R. 777. A bni to amend section 312 of the
Immigration and Nationality Act with re-
spect to certain tests for naturalization; to
the Committee on the Judiciary.
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
57
H.R. 778. A bill to repeal the "cooly trade"
laws; to the Committee on the Judiciary.
H.R. 779. A bill to amend section 27 of the
Merchant Marine Act. 1920. to exempt un-
der certain conditions, from the effect of such
section the transportation of merchandise
between points in the State of Alaska and
points in the State of Hawaii; to the Com-
mittee on Merchant Marine and Fislieries.
H.R. 780. A bill to amend the Internal Rev-
enue Code of 1954 to provide that any resi-
dent of the Republic of the Philippines may
be a dependent for purposes of the Income
tax deduction for personal exemptions; to
the Committee on Ways and Means.
H.R. 781. A bill to provide a program of
national health insurance, and for other
purposes; to the Committee on Ways and
Means.
By Mr. MAYNE:
H.R. 782. A bill to amend the Occupational
Safety and Health Act of 1970 to define the
term "employee" more precisely; to the Com-
mittee on Education and Labor.
H.E^. 783. A bill to authorize the Secretary
of Transportation to release restrictions on
the use of certain property conveyed to the
city of Algona. Iowa, for airport purposes; to
the Committee on Interstate and Foreign
Commerce.
H.R. 784. A bill to amend title 5 of the
United States Code with respect to the ob-
servance of Memorial Day and Veterans Day;
to the Committee on the Judiciary.
H.R. 785. A bill to amend title 28, United
States Code, with respect to judicial review- of
decisions of the Interstate Commerce Com-
mission, and for other purposes; to the Com-
mittee on the Judiciary.
H.R. 786. A bill to amend the Internal Rev-
enue Code of 1954 to allow a deduction for
expenses incurred by a taxpayer in making
repairs and improvements to his residence;
to the Committee on Ways and Means.
H.R. 787. A bill to amend the Internal Rev-
enue Code of 1954 to allow a credit against
Income tax to individuals for certain expenses
Incurred in providing higher education; to
the Committee on Ways and Means.
H.R. 788. A bill to amend the Self-Employ-
ment Contributions Act of 1954 to provide
that an election to be exempt from coverage
\mder the old-age. survivors, and dlsabUity
insurance program, made by a minister, a
member of a religious order, or a Christian
Science practitioner, may be revoked at any
time: to the Committee on Ways and Means.
By Mr. MEEDS:
H.R. 789. A bill to Improve educational
quality through the effective utilization of
educational technology; to the Committee on
Education and Labor.
By Mr. Michel:
H.R. 790. A bill to amend the Truth In
Lending Act to eliminate the inclusion of
agricultural credit; to the Committee on
Banking and Currency.
H.R, 791, A bill to provide that the fTscal
year of the United States shall coincide with
the calendar year: to the Committee on
Government Operations.
HR, 792. A bill to amend title 18 of the
United States Code to increase the penalty
, for co:nmitting certain crimes with a firearm
or while unlawfully carrying a firearm; to
the Committee on the Judiciary.
H,R, 793. A bill to provide that the major-
ity of the membership (including the chair-
man) of the Committee on Government Op-
erations of the Senate and House of Repre-
sentatives, respectively, shall be composed of
members of a major political party other
than the political party of which the Presi-
dent of the United States Is a member; to
the Committee on Rules.
HR 794, A bill to break down hindrances
and remove obstacles to the employment of
partially disabled persons honorably dis-
charged from our Armed Forces following
service in war by making an equitable ad-
justment of the liabUlty under the work-
men's compensation laws which an employer
must assume in hiring disabled veterans; to
the Committee on Veterans' Affairs.
H.R. 795. A bill to amend the Internal Rev-
enue Code of 1954 to e:icourage the construc-
tion of treatment works to control water
pollution by permitting the deduction of
expenditures for the construction, erection,
installation, or acquisition of such treatment
works; to the Conunittee on Ways and Means.
H R. 796 A bill to amend the Internal
Revenue Code of 1954 to allow teachers to
dedvict from gross income the expenses in-
curred in pursuing courses for academic
credit and degrees at Institutions of higher
education and including certain travel; to
the Committee on Ways and Means.
H.R. 797. A bill to amend the Internal Rev-
enue Code of 1954 to treat adoption fees in
the same manner as medical expenses for
income tax purposes; to the Committee on
Ways and Means.
HR. 798. A bill to amend title I of the
Social Security Act to provide that child's
insurance benefits shall In all cases be pay-
able to children upon the death of their
mother without regard to the mother's in-
sured status; to the Committee on Ways and
Means.
H R. 799. A bill to amencf section 218 of the
Social Security Act to provide that a police-
man or fireman who has social security cov-
erage pursuant to State agreement as an
individual employee and not as a member of
a State or local retirement system may elect
to terminate such coverage If he Is subse-
quently required to become a member of
such a retirement system; to the Committee
on Wavs and Means
Bv Mr. MILLS of Maryland:
HR.800. A bill to direct the Secretary of
Agriculture to release on behalf of the
United States a condition in a deed convey-
ing certain lands to the State of Maryland,
and for other purposes; to the Committee on
Agriculture.
H.R. 801. A bill to amend the Communica-
tions Act of 1934 to establish orderly proce-
dures for the consideration of applications
for renewal of broadcast licenses; to the
Committee on Interstate and Foreign Com-
merce.
H R. 802. A bill to declare the south prong
of the Wicomico River. Md.. nonnavlgable;
to the Committee en Interstate and Foreign
Commerce.
By Mr. MINSHALL of Ohio:
H.R. 803. A bill to amend the Communica-
tions Act of 1934 to provide for more respon-
sible news and public affairs programing;
to the Committee on InterstatjC and Foreign
Commerce.
H.R. 804. A bUl to establish a Federal pro-
gram to encourage the voluntary donation
of pure and safe blood, to require licensing
and inspection of ajl blood banks, and to es-
tablish a national registry of blood donors;
to the Committee on Interstate and Foreign
Commerce.
H.R. 805. A bill to make it a Federal crime
to kill or assault a fireman or law enforce-
ment officer engaged in the performance of
his duties when the offender travels in Inter-
state commerce or uses any facility of Inter-
state commerce for such purpose; to the
Committee on the Judiciary.
H.R. 806. A bin to extend benefits under
section 8191 of title 5, United States Code
to law enforcement officers and firemen not
employed by the United States who are killed
or totally disabled In the line of duty; to the
Committee on the Judiciary.
H.R. 807. A bill to amend chapter 44 of
title 18, United States Code, to strengthen
the penalty provision applicable to a Federal
felony committed with a firearm; to the Com-
mittee on the Judiciary.
H.R. 808. A bill to amend the Omnibus
Crime Control and Safe Streets Act of 1968
to provide a system for the redress of law
enforcement officers' grievances and to es-
tablish a law enforcement officers' bill of
rights In each of the several States, and for
other purposes; to the Committee on the
Judiciary.
H.R. 809. A bill to amend title 18 of the
United States Code to prohibit the trans-
portation or use in interstate or foreign com-
merce, with unlawful or fraudulent Intent, of
counterfeit, fictitious, altered, lost, stolen,
wrongfully appropriated, unauthorized, re-
voked, or canceled credit cards; to the Com-
mittee on the Judiciary.
H.R. 810. A bill to establish a Federal Ju-
diciary Council; to the Committee on the Ju-
diciary.
H.R. 811. A bill to amend title 28. United
States Code, to prohibit Federal judges from
receiving compensation other than for the
performance of their judicial duties, except
In certain instances, and to provide for the
disclosure of certain financial Information;
to the Committee on the Judlclarj-.
H.R. 812. A bill to amend the Internal Rev-
enue Code of 1954 to Increase from $750 to
$1,500 the personal Income tax exemptions
of a taxpayer; to the Committee on Ways
and Means.
H.R. 813. A bill to amend the Internal Rev-
enue Code of 1954 to Increase from 13 to
16 the maximum age of a dependent child
with respect to whom the deduction for
child-care expenses may be allowed; to the
Committee on Ways and Means.
H.R. 814. A bill to amend the Internal Rev-
enue Code of 1954 to ^rmlt a taxpayer to
deduct certain expenses paid by him in con-
nection with his education, or the education
of any of his dependents at an institution
of higher learning; to the Committee on
Ways and Means.
H.R. 815. A bill to amend the Internal
Revenue Code of 1954 to allow a credit against
the ii dividual income tax fof. tuition paid
for the elementary or secondary education of
dependents; to the Committee on Wa\-s and
Mean:?.
H.R. 816. A bill to amend the Internal
Revenue Code of 1954 to allow a deduction
for expenses incurred by a taxpayer in making
repairs and improvements to his residence;
to the Committee on Ways and Means.
H.R. 817. A bill to amend the Internal
Revenue Code of 1954 to provide a tax credit
for homeowners, apartmentowners, small
businessmen, and carowniers who purchase
and Install certified pollution-control devices;
tothe Committee on Ways and Means.
H.R. 818. A bill to amend the Internal
Revenue Code of 1954 to allow an incentive
tax credit for a part ofthe cost of construct-
ing or otherwise providing facilities or equip-
ment for the control of water or air pollution
or for processing of solid waste, and to per-
mit the amortization of such cost within a
period of from 1 to 5 years; to the Committee
on Ways and Means.
H.R. 819. A bill to amend the Internal
Revenue Code of 1954 to provide that the first
$5,000 of compensation paid to law enJorce-
ment officers shall not be subject to the In-
come tax; to the Committee on Ways and
Means.
H.R. 820. A bill to amend the Internal
Revenue Code of 1954 to restore to Individ-
uals who have attained the age of 65 the
right to deduct all expenses for their medical
care, and for other purposes; to the Commit-
tee on Ways and Means.
HJl. 821. A bill to amend the Social Secu-
rity Act to provide for medical and hospital
care through a system of voluntary health
Insurance Including protection against the
catastrophic expenses of illness, financed in
whole for low-Income groups through Is-
suance of certificates, and In part for all
other persons through allowances of tax
credits; and to provide effective utiliisatlon
of available financial resources, health man-
power, and facilities; to the Committee on
Ways and Means.
HJl. 822. A bill to amend titles II and
XVin of the Social Security Act to include
58
H
nat
scenic
Uce
of
u-al
50 5:
pioje
qua! fled drugs, requiring a physician's pre-
scrlp ;ion or certification and approved by a
formulary committee, among the items and
servi ;es covered under the hospital insur-
ance prograrn; to the Committee on Ways
and Means.
By Mr. \UZELL:
823. A bill to aid the conservation of
water resources and protect the
New River by prohibiting the Federal
Ing of the construction of certain types
ects on or directly affecting a certain
portfcn of the New River In North Carolina
Virginia: to the Committee on Interstate
Foreign Commerce.
By Mr. MONTGOMERY:
i. 824. A bill to amend title 10 of the
States Code so as to permit members
Reserves and the National Guard to
e retired pay at age 55 for nonregular
under chapter 67 of that title; to
;;omraittee on Armed Services.
I. 825. A bill to amend titles 37 and 38,
it ;d States Code, to encourage persons to
md remain In the Reserves and Nation-
al G Liard bv providing full-time coveraces
undjr Servicemen's Group Life Insurance for
members and certain members of the
lied Reserve up to age 60, and for other
sea; to the Committee on Veterans Al-
and
and
H
Uni
of t
rece
serv
the
H
Un
Join
ttd
l.e
l:e
such
Ret
pu
fairs
rpa.
t !d
the
ti )
irba n
sisr
red
er:y
-•^TO
For'
H R
sp :)s
ber
di
In t
tee
HiR
Act
Fedtral
h(r
o
of
Con
HR
ati
tra
im
CONGRESSIONAL RECORD — HOUSE
r
January 3, 1973
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
59
H
Uni
for
at pla'
Compi
H
the'
tlve
disability
fron
comj nit
discharge,
thar
menjbers
In c
the
g "am.
g-am.
t3
By Mr. MURPHY of New York:
I. 826. A bUl to amend title 10 of the
States Code to prohibit contracting
construction of vessels for U.S. Navy
ces outside of the United States; to the
Ittee on Armed Services.
I. 827. A bill to authorize members of
Irmed Forces to be discharged from ac-
mllltary service by reason of physical
when such members are suffering
drug dopei:dency. to authorize the civil
ment of such members after their
, to provide for the review of less
honorable discharges granted to certain
and the Issuance of new discharges
rtain cases, and for other purposes; to
:;ommlttee on Armed Services.
828. A bill to amend title Xn of the
nal Housing Act to provide, under the
property protection and reinsurance
, for direct Federal Insurance against
to habltatlonal property for which In-
Is not otherwise available or Is avail-
only at excessively surcharged rates, to
! crime insurance mandatory under such
to provide assistance to homeown-
aid in reducing the causes of excessive
large.s. and for other purposes; to the
ittee on Banking and Currency.
. 829. A bill to amend the Small Busl-
Act to make crime protection Insurant*
to small business concerns; to the
Banking and Currency.
830. A bill 10 amend the Truth in
inc: Act to require that statements un-
>pen end credit plans be mailed In time
p»rmlt payment prior to the Imposition
nance charges: to the Committee on
ting and Currency.
.831. A bill to amend the Foreign As-
ice Act of 1961 so as to provide for
ctions in aid to countries In which prop-
nf the United States is damaged or de-
red by mob action;- to the Committee on
Ign Affairs.
832 A bill requiring that each Mem-
3f Congress be notified of the intended
itlon of federally owned real property
e district he repre.sents: to the Commlt-
u Government Operations.
833. .■\ bill to amend the Federal Power
with respect to the Jurisdiction of the
Power Commission over streams and
bodies of water the nai-lgable portions
hlch lie within a single State; to the
mittee on Interstate and Foreign Corn-
Nat
u
pri)
loss^
surapce
able
mak
pro
ers
sure
Combi
H R
ness
aval able
Com mittee
h|r
Le:.
der
to
of
Ban
HlR
i n
. 834. A bill to amend the Federal Avl-
Act of 1958 to authorize reduced rate
rlsportatlon for elderly people on a space
o 1
available basis: to the Commitee on Inter-
state and Foreign Commerce.
HR. 835. A bill to require the Secretary of
Transportation to prescribe regulations gov-
erning the humane treatment of animals
transported In air commerce; to the Commit-
tee on Interstate and Foreign Commerce.
HR. 836. A bill to amend the International
Travel Act of 1961 to provide for Federal reg-
ulation of the travel agency industry; to the
Committee on Interstate and Foreign Com-
merce.
H R. 837. A bill to establish a registration
system with respect to donors of blood, and to
provide funds for research to detect serum
hepatitis prior to transfusion and transmis-
sion of the disease; to the Committee on In-
terstate and Foreign Commerce.
HR. 838. A bill to strengthen and clarify
the law prohibiting the Introduction, or man-
ufacture for Introduction, of switchblade
knives Into Interstate commerce; to the Com-
mittee on Interstate and Foreign Commerce.
HR. 839. A bUl to amend the Federal Trade
Commission Act to extend protection against
fraudulent or deceptive practices, condemned
by that act to consumers through civil ac-
tions, and to provide for class actions for acts
in defraud of consumers; to the Committee
on Interstate and Foreign Commerce.
H R 840. A bill to establish a grant-in-aid
program to encourage the licensing by the
States of motor vehicle mechanics; to the
Committee on Interstate and Foreign Com-
merce.
H R 8*T. A bill to provide for a national ed-
ucational campaign to Improve safety on the
highways by improving driver skill, driver
attitudes, and driver knowledge of highway
regulations; to the Committee on Inter-
state and Foreign Commerce.
H R. 842. A bill to amend the Comprehen-
sife Drug Abuse Prevention and Control Act
to vest primary law-enforcement jurisdic-
tion in the Attorney General; to the Commit-
tee on Interstate and Foreign Commerce.
H R. 843. A bill to provide new procedures
for the civil commitment of drug dependent
persons and to expand the scope of the pro-
visions of titles 18 and 28 of the United
States Code relating to the treatment of drug
dependent persons In criminal proceedings,
and for other purposes; to the Committee on
the Judiciary.
HR. 844. A bill to authorize the Federal
Bureau of Investigation to exchange "finger-
print iniormation with registered national
security exchanges and related agencies; to
the Committee on the Judiciary.
HR. 845. A bill to amend the Gun Control
Act of 1968; to the Committee on the Judici-
ary.
HR. 846 A bill to amend the Immigration
and Nationality Act. and for other purposes:
to the Committee on the Judiciary.
HR. 847. A bill to provide for the redis-
tribution of unused quota numbers: to the
committee on the Judiciary.
H R. 848. A bill to amend the Immigration
and Nationality Act to make additional im-
migrant visas available for immigrants from
certain foreign countries, and for other pur-
poses: to the Committee on the Judiciary.
HR. 849. A bill to prohibit assaults on
St|ite law-enforcement officers, firemen, and
Judicial officers; to the Committee on the
Ju£liciar>. ,
By Mr KOCH:
HR 850 A bill to extend to all unmar-
rleid individuals the full tax benefits of in-
come splitting now enjoyed by married indi-
viduals filing Joint returns: and to remove
rate inequities for married persons where
both are employed: to the Committee on
Ways and Means.
By Mr KOCH i for himself, Mr BtniKE
of Massachusetts. Mr. Roe. Mr
Rosenthal. Mr. Roybal. Mr. Sar-
BANES. Mr. James V. Stanton. Mr.
J. William Stanton, Mr. Stokes.
.Mr. Sthatton, Mr. Stuckey, Mr.
Studds. Mr. Thone. Mr. Waldie, Mr.
Charles H. Wilson of California,
Mr. Wolff, Mr. Yates, and Mr.
Yatron ) :
H.R. 851. A bill to extend to all unmarried
individuals the full tax benefits of income
splitting now enjoyed by married individuals
filing Joint returns; and to remove rate in-
equities for married persons where both are
employed; to the Committee on Ways and
Means.
By Mr. MURPHY of New York:
HR. 852. A bill to provide partial reim-
bursement for losses Incurred by commercial
fishermen as a result of restrictions imposed
on domestic commercial fishing by a State
or the Federal Government: to the Commit-
tee on Merchant Marine and Fisheries.
HR. 853. A bill to amend the National En-
vironmental Policy Act of 1969 to provide
for class actions in the US. district courts
against persons responsible for creating cer-
tain environmental hazards: to the Commit-
tee on Merchant Marine and Fisheries.
HR. 854, A bill to provide for advance no-
tice to the U.S. Fish and Wildlife Service and
certain State agencies before the beginning
of any Federal program involving the use
of pesticides or other chemicals designed for
mass biological controls, and for other pur-
poses; to the Committee on Merchant Marine
and Fisheries.
HR. 855. A bin to prohibit the furnishing
of mailing lists and other lists of names or
addresses by Government agencies to "the
publlc'ln connection with the use of the US.
mails, and for other purposes; to the Com-
mittee on Post Office and Civil Service.
HR. 856 A bill to protect the civilian em-
ployees of the executive branch of the US.
Government in the enjoyment of tiieir con-
stitutional rights and to prevent unwar-
ranted governmental invasions of their pri-
vacy; to the Committee on Post Office and
Civil Service.
HR. 857. A bill to amend the Postal Re-
organization Act of 1970, title 39. United
States Code, to eliminate certain restrictions
on the rights of officers and employees of
the Postal Service, and for other purposes:
to the Committee oncost Office and Civil
Service. f
HR. 858. A bill to*^ amend section 8335 of
title 5, United States Code, to reduce the
mandatory retirement age for non-U S. citi-
zen employees of the Panama Canal Com-
pany or the Canal Zone Government em-
ployed on the Isthmus of Panama to 62 years
of age; to the Committee on Post Office and
Civil Service.
H.R. 859. A bill to amend title 38 of the
United States Code to permit certain active
duty for training to be counted as active
duty for purposes of entitlement to educa-
tional benefits under chapter 34 of such
title: to the Committee on Veterans' Affairs.
H.R. 860. A bill to provide that veterans be
provided employment opportunities after
discharge at certain minimum salary rates;
to the Committee on Veterans' Affairs.
H.R. 861. A bill to create a rebuttable pre-
.sumptlon that a disability of a veteran of
any war or certain other military service Is
service connected under certain circum-
stances; to the Committee on Veterans' Af-
fairs.
H.R. 862 A bill to amend chapter 34 of
title 33 of the United States Code to provide
for the pavTnent of tuition costs in the case
of certain eligible veterans directly to the
educational institutions concerned: to pro-
vide for overall Increases In education bene-
fits under such chapter; and for other pur-
poses: to the Committee on Veterans' Affairs.
H R. 863. A bin to amend the Internal Rev-
enue Code of 1954 to allow a deduction from
gross income for donations of blood to non-
profit blood banks and other iionproflt or-
ganizations: to the Committee on Ways and
Means.
H.R. 864. A bill to amend the Internal Rev-
enue Code of 1954 to treat a portion of twl-
tion paid to certain educational institutions
as a charitable contribution: to the Commit-
tee on Ways and Means.
H.R. 865. A bill to amend the Internal Rev-
enue Code of 1954 to allow a deduction for
Income tax purposes of certain expenses In-
curred by the taxpayer for the education of a
dependent; to the Committee on Ways and
Means.
H R. 866. A bill to amend the Internal Rev-
enue Code of 1954 to encourage higher edu-
cation, and particularly the private funding
thereof, by authorizing a deduction from
gross income of reasonable amounts contrib-
uted to a qualified higher education fund es-
tablished by the taxpayer for the purpose of
funding the higher education of his depend-
ents; to the Committee on Ways and Means.
H.R. 867. A bUl to provide for the protec-
tion of children against physical injury
caused or threatened by those who are re-
sponsible for their care; to the Committee on
Ways and Means.
H.R. 868. A bUl to provide for a national
educational campaign to combat the lack of
consciousness of the public as to the danger
of Improper uses of motor vehicles on the
highways and to Impose an additional tax of
one-tenth of a cent per gallon on gasoline and
other motor fuels to pay for the costs of such
campaign; to the Committee on Ways and
Means.
By Mr. MURPHY of New York (for
himself and Mr. Hastings) :
H R 869. A bill to provide for the humane
care, treatment, habllitatlon and protection
of the merwtally retarded In residential facili-
ties through the establishment of strict qual-
ity operation and control standards, and the
support of the implementation of such stand-
ards by Federal assistance, to establish State
plans which require a survey of need for as-
sistance to residential facilities to enable
them to be in compliance with such stand-
ards, seek to minimize inappropriate admls-
■ sions to residential facilities and develop
strategies which stimulate the development
of regional and community programs for the
mentally retarded which Include the Integra-
tion of such residential facilities, and for
other purposes; to the Committee on Inter-
state and Foreign Commerce.
By Mr. MURPHY oi New>>fork (for
himself and Mr PettiIT^ Mr. Wag-
conAer. and Mr Rooney of Penn-
sylvania) :
H.R. 870. A bill to aniend sections 101 and
902 of the Federal A\lation Act of 1958, as
amended to Implement the Convention for
the Suppression of Unlawful Seizure of Air-
craft and to amend title XI of such act to
. authorize the President to suspend air serv-
ice to any foreign nation which he deter-
mines Is encouraging aircraft hijacking by
acting in a manner Inconsistent with the
Convention for the Suppression of Unlawful
Seizure of Aircraft and to authorize the
Secretary of Tran;-iportation to revoke the
operating auth^Tity of foreign air carriers
under cercain circumstances, and for other
purposes: to the Com.mlttee on Interstate
and Foreign Commerce.
By Mr. NICHOLS:
H.R. 871. A bill to amend section 1124(ci
cf title 10. United States Code, to remove the
restriction that a member of the Armed
Forces must be on active duty to be eligible
f^r the payment of a cash award for a sug-
gestio:i, invention, or scientific achievement:
to t;ie Com:nlttee on Armed Services.
HR.872. A bill to amend the National
Trails System Act to authorize, a feasibility
study relating to the Bartram Trail in Ala-
bama: to the Committee Interior and In-
sular Affairs.
HR. 873. A bin to provide for the estab-
1 shment rf the Tuskegee Institute National
Historical Park, a'^d for other purposes; to
the Committee Interior and Insular Affairs.
H.R. 874. A bill to amend the Omnibus
Crime Control and Safe Streets Act of 1968.
as amended, to provide benefits to survivors
of certain public safety officers who die In
the performance of duty; to the Committee
on the Judiciary.
H.R. 875. A bill to amend title 18 of the
United States Code to Increase the penalty
for destruction of aircraft or aircraft facili-
ties; to the Committee on the Judiciary.
H.R. 876. .\ bill to provide a pension foi
veterans of World War I and their widows;
to the Committee on Veterans' Affairs.
By Mr. NIX:
H.R. 877. A bill to amend section 117 of
the Internal Revenue Code of 1954 to exclude
from gross Income up to $300 per month
of scholarships and fellowship grants for
which the performance of services Is required;
to the Committee on Ways and Means.
By Mr. OBEY:
H.R, 878, A bill to amend titles II and XVIII
of the Social Security Act to Include qualified
' drugs, requiring a physician's prescription or
certification and approved by a formulary
committee, among the Items and services
covered under the hospital Insurance pro-
gram; to the Committee on Ways and Means,
By Mr. OHARA:
H.R. 879, A bill to assure an opportunity
for employment to every American seeking
work; to the Committee on Education and
Labor.
H R. 880. A bill to amend t,^e National
Labor Relations Act to secure to physically
handicapped workers, employed in sheltered
workshops the right to organize ard bargain
collectively, and for other purposes; to the
Committee on Education and Labcr.
H R. 381. .\ bin to assure equal access for
farmworkers 'i.o programs and procedures
instituted f^r the protection of American
working men and wonieix, and fcr other pur--
poses; to the Committee on Edtication and
Labor.
HR. 882. A bill to ban oppressive child
labor in agriculture, and for other purposes:
to the Committee on Education and Labor
H.R. 883. A bill to make farmworkers eligi-
ble for unemployment compensation: to the
Committee on Way.^ and Means.
By Mr OHARA (for hlnpelf and Mr.
Dincell) :
H.R. 884. .'V bill to amend the National En-
vironmental Policy Act of 1969 to require
Federal contractors, and persons contracting
for federally supported activities, to observe
practices which will preserve and enhance
the environment and fisheries and wildlife
resources, and for other purposes; to the
Committee on Merchant Jilarine and Fish-
er;es.
By Mr. PEPPER:
H.R. 885. A bill to provide that meetings of
Government agencies shall be open to the
public, and for other purpo.ses: to the Com-
mittee on Government Operations.
H.R. 886. A bill to require the President to
notify Congress whenever he Impounds funds
and to provide a procedure under which the
Congress may disapprove such impound-
ment; to the Committee on Rules
By Mr. PEPPER (for himself and Mr.
Dingei.l) :
HR, 887, A bill 'o protect the^Natlons
consumers and to as.?lst the commercial fish-
ing Industry through the Inspection of es-
tablishments processing fish and fishery-
products in commerce: to the Committee on
Merchant Marine and Fisheries.
Bv Mr. PETTIS:
H.R. 888. A bill to establish a senior citi-
zens skill and talent utilization program: to
the Committee on Education and' Labor.
H R. 889. A bill to limit the sale or distri-
bution of mailing lists by Federal agencies:
to the Committee on Government Opera-
tions.
H.R. 890. A bill to provide for the estab-
lishment of the National Conservation Area
of the California Desert and to provide for
the immediate and future protection, de-
velopment, and administration of such public
lands; to the Committee on Interior and
Insular Affairs.
H R. 891. A bill to provide for the exchange
of certain public land In Napa and Sonoma
Counties. Calif,, for certain land within the
Point Reyes National Seashore; to the Cpm-
mlttee on Interior and Insular Affairs,
H.R, 892. A bill to convey certain federally
owned land to the Twentynine Palms Park
a d Recreation District: to the Committee on
Interior ana Insular Affairs.
H.R. 893. A bin to provide for the division
of assets between the Twentynine Prflms
Band and the Cabazon Band of Mission
Indians. California, Including certain funds
in the US, Treasury, and for other purposes:
to the Committee on Interior and Insular
. Affairs.
H.R. 894. A bill to amend the Federal Pood,
Drug, and Cosmetic Act to include a defini-
tion of food supplements, and for other
purposes; to the Committee on Interstate
and Foreign Commerce,
H.R 895. A bni to prohibit assaults on State
law enforcement officers, firemen, and judi-
cial officers; to the Committee on the Judl-
ciarv.
H.R. 896. A bill to provide for the eniorce-
ment of support orders in certain State and
Federal courts, and to make it a crime »o
move or travel in Interstate and foreign com-
merce to avoid compliance with such orders:
to the Committee on the Judiciary.
H.R. 897, A bill to amend title 18, United
States Code, to prohibit the mailing of ob-
scene matter to minors, and for other pur-
poses: to the Committee on the Judiciary.
H.R, 898. A bUl to establUh a Joint Com-
mittee on Environmental Quality; to the
Committee on Rules.
H.R. 899. A bin to establish a National Col-
lege of Ecological and Environmental Studies,
to the Committee on Science and Astro-
nautics.
H.R. 900. A bill to authorize the National
Science Foundation to conduct research and
educational programs to prepare the country
for conversion from defense to civilian, so-
cially oriented research and development ac-
tivities, and for other purposes; to the Com-
mittee on Science and Astronautics.
By Mr. PETTIS :
HR. 901. A bill to provide for the establish-
ment of a national cemetery In San Bernar-
dino County in the State of California: to
the Committee on Veterans' Affairs.
H.R. 902. A bill to amend title 38 of the
United States Code so as to provide that pub-
lic or private retirement, annuity, or endow-
ment payments (Including monthly social
security insurance benefits) Shall not be in-
cluded In computing annual Sncome for the
purpose of determining eliglbiillty for a pen-
sion under chapter 15 of th»t title; to the
Committee on Veterans' Affairs. |
H.R. 903. A bill to provide that ln*ome
from entertainment activities held in con-
Junction with a public fair conducted bj- an
organization described in section 501 (O shall
not be unrelated trade or business Income
and Shan not affect the tax exemption of the
organization; to the Committee on Ways and
Me.ms.
H.R. 904. A bin to amend the Internal
Revenue Code of 1954 to allow teachers to de-
duct from gross Income the expenses Incxirred
in pursuing courses for academic credit and
degrees at institutions of higher education
and including certain travel; to the Com-
mittee on Ways and Means, :
H.R, 905 A hill to amend title II of the
Social Security Act so as to remove*the
limitation upon the amount of ovtsid^in-
come which an Individual may earn while
recelvlTig benefits thereimder; to the Com-
nilttee on Wavs and Me.\ns.
Bv Mr. PEYSER:
H.R. 906 A bill making appropriations to
carry out the lead-basetPpaint poisoning pre-
vention program for the fiscal years 1973 and
1974; to "the Committee oi> Appropriations.
1
60
n;
E
of
to
to
Vr
ce
a
on
an
ed
tL:
L
R. 907. A bUl to establish a National
ironment Bank, to authorize the issuance
U.S. Environmental Savings Bonds, and
establish an environmental trust fund;
the Committee on Banking and Currency.
J.R. 908. A bill to repeal section 15 of the
3an Mass Transit Act of 1964. to remove
!talu limitations on the amount of grant
:L3tance which may be available In any
State; to the Committee on Banking
1 Currency.
I R. 909. A bjil to establish a consumer
icatiju prc^i'am in the Office of Educa-
II ; to the Committee on Education and
su
C(
of
Sll
ai
t-
pr
di
Ui
tr
tf
to
F
Ol
t!-
cll
I
\ I
CONGRESSIONAL RECORD — HOUSE
Jammrij 3,*'197
73
o
IR. 910. A bill to authorize a national
nmer youth ^sports program; to the
mmlttee on Education and Labor.
i.R. 911. A bill to amend section 620
the For.;iga Assistance Act of 1961 to
ipend. in •,'■' ole or In part, economic
a military assistance and certain sales
any coui.try which fails to take appro-
at' steps to prevent narcotic drugs pro-
c»d in such country from entering the
i.fcl States iinlawfuliyi to the Commlt-
0.1 Foreign A.Tairs.
^.R. 912. .\ bin to trant child care cen-
siatus as educational Institutions, and
a.s ist such centers l:i raising capital
perniittLng donation of surplus Federal
lisperty for their use: to the Committee
Government Operations.
K n. 913. A bill to amend chapter 9
itle 44. United States Code, to require
e u&e of recycled paper In the printing
til'' Congressional Record; to the Com-
•ee oii HouSsi Admlnls'^ratlon.
H R. 914. A bill to amend ' the Public
alth Service .'^ct to encourage phy-
ians. dentists, optometrists, and other
ical personnel to practice in areas
ere shortages cf such personnel exist.
for other purposes; to the Committee
Interstate a:ul Foreign Commerce.
H.R. 915. A bill to amend t!-e Railroad
irement Act of 1937 to permit an ar.nul-
nt to receive hl.s annuity even though he
nders compensated service for the out-
iie employer by whom he was last em-
oyed before his annuity began to accrue;
1 the Committee on Interstate and Foreign
:'mmerce.
H.R. 916. A biU to make It a Federal
Ime to kill or assault a fireman or law en-
fcjrcement officer engaged In the perform-
ice of his duties when the offender trav-
s In interstate commerce or uses a.iy facil-
of Interstate commerce for such pr.r-
to the Committee on the Judiciary.
H.R. 917. A bill to provide ". program for
norlng industry and other private efforts
contribute to the maintenance and en-
incem6« t of environmental quality; to the
Committee on Merchant Marine and Fish-
les.
H.R. 918. A bill to amend the Internal
enue Code of 1954 to allow a deduction
ftom gross income for certain social securl-
taxes. railroad retirement taxes, and
vil service retirement contributions; to
Committee on Ways and Means.
H.R. 919. A bill to amend title II of the
^clal Security Act to Increase the amount
f outside earnings permitted each year
Ithout any deductions from benefits there-
nder; to the Committee on Ways and
ns.
By Mr. PEYSER (for himself, Mr. Fax-
gel, and Mr. Keating) • ^''
H.R. 920. A bill to prevent the use of
l^roin for any drug maintenance program;
the Committee on Interstate and Foreign
(Jommerce.
By Mr. PRICE of Texas:
HR. 921. A bin for the establishment of
Council on Energy Policy; to the Commit-
tee on Interstate and Foreign Commerce.
H.R. 922. A bill to amend the Federal Food.
iJrug, and Cosmetic Act to revise certain
r?qulrements for approval of new animal
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drugs; to the Committee on Interstate and
Foreign Commerce.
H.R. 923. A bill to amend the Internal
Revenue Code of 1954 to provide that the
valuation of a decedent's Interest in a ranch,
farm, or closely held business may at the
election of the executor be determined, for
estate purposes, solely by reference to its
value for such use; to the Committee on
Wavs and Means.
H R. 924. A bill to provide a tax credit
for expenditures made in the ejcploration and
development of new reserves of oil and gaa
In the United States; to the Committee on
Wavs and Means.
H.R. 925. A bill to amend title 11 of the
Social Security Act to prove that no deduc-
tions on account of outside earnings will be
made from the benefits of an Individual who
has attained age 65; to the Committee on
Ways and Means.
ByMr.QUIE:
H.R. 926. A bill to make rules respecting
military hostilities In the absence of a dec-
laration of war; to tl?e Committee on Foreign
H.R. 927. A bill to amend the Internal
Revenue Code of 1954 to allow the deduction
of expenditures for food and lodging pri-
marily for medical care; to the Committee
en Wavs and Means.
.By Mr. QUIE (for himself and Mr.
Hansen of Idaho) :
HR. 928. A bill to strengthen and Improve
the" Older Americans Act of 1965. and for
other purposes: to the Committee on Edu-
cation and Labor.
By Mr. QUILLEN:
H.R. 929. A bill to amend title 10 of the
United States Code to permit senior Reserve
b.^ficers' training programs to be established
at public community colleges; to the Com-
mittee on Armed Services.
H.R. 930. A bin to amend the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) to
provide that under certain circumstances
exclusive territorial arrangements shall not be
deemed unlawful: to the Committee on In-
terstate and Foreign Commerce.
^ By Mr. QUILLEN (for himself and Mr.
Railsback) :
H.R. 931. A bill to am.end the Internal Rev-
FoRSYTHE, Mr. Hansen of Idaho, Mr.
Harrington, Mr. Heinz. Mr. Michel,
Mr. Nichols, Mr. Pepper. Mr. Podell,
Mr. RiECLE, Mr. Shoup, Mr. Steiger
of Wisconsin, and Mr. Charles H.
Wilson of California) :
H.R. 936. A bill to amend title 18 of the
United States Code by adding a new chapter
404 to establish an Institute for Continuing
Studies cf Juvenile Justice: to the Commit-
tee on the Judiciary.
By Mr. RAILSBACK (for himself. Mr.
Anderson of Illinois, Mr. Biester, Mr.
Bingham, Mr. Brasco, Mr^LAY, Mr.
CouGHLiN, Mr. DoMiiJiCJ*^. Daniels,
Mr. Gude, Mr, Hanley, Mr, Helsto-
SKi, Mr. Howard, Mr. McDade, Mr,
Matsunaga, Mr. Mosher, Mr, Myers,
Mr. Nix, Mr. O'Neill, Mr. Preyer,
Mr. Price of Illinois, Mr. Rodino, Mr.
Mr. Rosenthal, Mr, Sandman, Mr.
Sarbanes, Mr. Smith of New York,
and Mr. Symington) :
H.R. 937. A bill to amend title 18 of the
United States Code by adding a new chapter
404 tft establish an Institute for Continuing
Studies of Juvenile Justice; to the Committee
on the Judiciary. •
By Mr. RAILSB.^CK (for himself, Mr.
Biester. Mr. Hechi,er of West Vir-
ginia, Mr. HiLLis, Mr. Mann, Mr.
Rees. Mr. RUPPE, Mr, Vander Jagt,
Mr, Wyatt, and Mr. J. William
STANTdsj)
H.R. 938. A bm to amend title 18 of the
United States Code by adding a new chapter
404 to establish an Institute for Continuing
Studies of Juvenile Ji^stice; to the Commit-
tee on the Judiclarv.
By Mr. RANDALL:
H.R. 939. A bill to amend the Occupational
Safety and Health Act of 1970 to exempt any
nonmanufacturing business, or any business
having 25 or less employees, in States having
laws regulating safety in such businesses,
from the Federal standards created uiMer
such act; to the Committee on Education
and Labor.
H.R. 940. A bin to amend the Communica-
tions Act of 1934 to establish orderly proce-
dures for the consideration of applications
for renewal of broadcast licenses; to the
enue Code of 1954 to Increase from $650 to ^Committee on Interstate and Foreign Com-
81 200 the personal income tax exemptions amerce,
of a taxpayer (Including the exemption for/ H.R. 941. A oilUo amend the Uniform Time
a spouse the exemption for a dependent, anc/ Act of 1966 In order to change the period dur-
the additional exemptions for old age and Ing which dayllpht saving time shall be in
blindness) ; to the Committee on Way and
Means.
Bv Mr. RAILSBACK:
H.R. 932. A bin to amend the Welfare and
Pension Plans Disclosure Act; to the Com-
mittee on Education and Labor.
H.R. 933, A bin to amend the Internal
Revenue Code of 1954 to provide Income tax
simplification, reform, and relief for small
business: to the Committee on Ways and
Means,
H,R. 934, A bin to improve the private re-
tirement system by allowing individuals to
establish their own plans; to the Commit-
tee on Ways and Means,
H.R. 935, A. bill to provide additional pro-
tection for the rights of participants in em-
ployee pension and profit-sharing retirement
plans to establish minimum standards for
pension* and profit-sharing retirement plan
vesting and funding, to establish a pension
plan reinsurance program, to provide for
regulation of the acimlnlstration of pension
and other employee benefit plans, to establish
a U.S. Pension and Employee Benefit Plan
Commission, to amend the Welfare and Pen-
sion Plans Disclosure Act, and for other pur-
poses: to the Committee on Ways and Means.
By Mr, RAILSBACK (for himself, Mr.
Alexander, Mr. Archer, Mr. Biester,
Mr. Buchanan, Mr. Conte, Mr, Gor-
man, Mr. Dellenback, Mr, Edwards
of California, Mr. Erlenborn, Mr,
EscH, Mr. FiNDLEY, Mr. Fish, Mr.
efTect In the United States to the period from
Memorial Day to Labor Day of each year; to
the Committee on Interstate and Foreign
Commerce.
H.R. 942. A bill to amend the act provid-
ing an exemption from the antitrust laws
with respect to agreements between persons
enraging In certain professional sports for
the purpose of certain television contracts in
order to terminate such exemption when a
home game Is sold out; to the Committee on
the Judiciary.
H.R. 943. A bill to prevent any court of
the United States from ordering a halt on
environmental grounds of certain Federal
construction projects after a certain amount
of work on such project is completed; to the
Committee on the Judiciary.
H.R. 944. A bill to amend the Omnibus
Crime Control and Safe Streets Act of 1968
to provide grants to States for the estab-
lishment, equipping, and operation of emer-
gency communications centers to make the
national emergency telephone number 911
available throughout the United States; to
the Committee on the Judiciary.
H.R. 945. A bill to provide that the Secre-
tary of the Treasury shall make a study of
the overwlthholding from wages of the Fed-
eral income tax and report, with legislative
recommendtions, to the Congress; to the
Committee on Ways and Means,
H.R. 946, A bin to amend the Internal Reve-
nue Code of 1954 to provide Interest on cer-
tain amounts withheld from wages and cer-
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
tain estimated payments of tax for purposes
of the Federal Income tax; to the Committee
or. Ways and Means.
H.R. 947. A bin to protect recipients of pub-
lic assistance and medicaid benefits against
loss of eliglbUlty due to Increases in social
security benefits; to the Committee on Ways
and Means.
H.R. 948. A bill to amend the Social Secu-
rity Act to prohibit the payment of aid or
assistance under approved State public as-
sistance plans to aliens who are Illegally
within the United States; to the Committee
on Ways and Means.
By Mr. RARICK:
H.R. 949. A bUl to prohibit the redemption
in gold of any obligations of the United
States for, and to prohibit the sale of any
^old cf the United States to, any nation
which is Indebted to the United States; to
the Committee on Banking and Currency.
H.R. 950. A bill to reirocede a portion of the
District of Columbia to the State of Mary-
land; to the Committee on the District of
Columbia.
H R. 961. A bill to require the suspension
of Federal financial assistance to colleges and
universities falling to take appropriate cor-
rectA^ measures forthwith wlion experienc-
ing campus disorders; and to require the sus-
pension of Federal financial as.sistan'^e to
teachers participating in such disorders; to
the Committee on Education and Labor,
H.R. 952. A bill to prohibit the expenditure
of Federal funds by the Secretary of Health.
Education, and Welfare lo promote the fluori-
dation of public water supplies: to the Com-
mittee on Interstate and Foreign Commerce.
H.R. 953. A bill to prohibit the dissemina-
tion through interstate commerce or the
mails of materials harmful to persons under
the age of 18 years, and to restrict the exhibi-
tion o: movies or other presentations harm-
ful to such persons: to the Committee on the
Judiciary.
H.R. 954. A bill to require Judges of courts
of the United States to file confidential fi-
nancial statements with the Comptroller
General of the United States, and for other
purposes: to the Committee on the Judiciary.
H.R. 955. A bill to impose certain restrlc-
ti' ns upon the appellate Jurisdiction of the
Supreme Court; to the Committee on the
Judiciary.
H.R. 956. A bill to amend section 242 of
ttitle 18, United States Code, to prohibit dep-
rivation of rights under color or any statute,
treaty, order, rule, or regulation Implement-
ing decisions of the United Nations; to the
Committee on the Judiciary.
H.R. 957. A bfil to repeal the Gun Control
Act of 1968; to the Committee on the Ju-
diciary.
H.R. 958. A bill to provide for the Increase
capcacity and the im!)rovement of opera-
tions of the Panama Canal, and for other
piJIposes; to the Committee on Merchant
Marine and Fisheries.
H. R. 959. A bill to provide for the Is-
suance of a commoratlve postage stamp in
honor of the brave men who served on the
U.S.S. Liberty and the U.S.S. Pueblo: to the
CommUrce on Post Office and Civil Service.
H.R. 960. A bill to amend section 138 of
the Legislative Reorganization Act of 1946
so as to provide for the reduction of the pub-
lic debt by at legist 10 percent of the esti-
mated overall Federal receipts for each fisc.^1
year: to the Committee on Rules.
H.R. 961. A bni to amend title 38 of the
United States Code so as to entitle veterans
of World War I and their widows and chil-
dren to pension on the same basis as veterans
of the Spanish-American War and their
widows and children, respectively; to the
Committee on Veterans' Affairs.
H.R. 962. A bill to amend the Internal,''
Revenue Code of 1954 to Increase from S600
to $1,800 the personal Income tax exemptions
of a taxpayer (Including the exemption for
a spouse, the exemptions for a dependent, and
the additional exemptions for old age and
blindness); to the Committee on Ways and
Means.
H.R. 963. A bill to amend the Internal
Revenue Code of 1954 to allow a credit
against income tax to individuals for tuition
expenses incurred In providing elementary
and secondary education; to the Committee
on Ways and Means.
H.R. 964. A bill to amend the Internal
Revenue Code of' 1954 to require each tax-
exempt organization to file an annual in-
formation return showing each source (in-
cluding governmental sources) of Its Income
and other receipts, and to provide for a loss
of tax cxemptit n in the case of willful failtire
to file, or fraudulent statements made In
connection with, such return: to the Com-
mittee on Ways and Aleans.
H.R. 965. A bUl to amend the InteriiaJ
Revenue Code of 1954 to provide that ta"!^
exempt or;anizatio.is which engage in
activiiies t i (.i.rrying on propaganda, or other-
wise attempting to Influence legislation, shall
lose their exemption from tax: lo the Com-
mittee on Ways and Means,
H,R. 9J6. A bill lo amend the Internal
Revenue Code of 1954 to provide that ta::-
exempt organi laticns which volunt.arily
engage in l.tig-Ttion for the benefit of third
parties, or commit other prohibited acts, .shall
1, se ti.eir exemption from tax; to the Com-
mittee on Ways i nrJ Means.
By Mr. REUSS (for himself. Mr. Aspin.
Mr. Badii.1 o, Ivlr. Bergland, Mr,
Bingham, Mr. Brademas. Mr. C.\rney
of Ohio. Mr.T. Chisholm, Mr,
Conyep.s. Mr. Dices, ^:r. Dincell,
Mr. Drinan. Mr. Dulski, Mr. EC:t-
HMor. Mr EnwARCs of Califrrr.li,
Mr, Ei!.Er:RG Mr. Fattntroy, .'..r.
Flood. Mr. W'li iam D. Ford, Mr.
H.arrincton, Mr. Hechler of West
Virginia, Mr. Hicks, Mr. Kasten-
msier, Mr. Kora, t-nd Mr. Kyros) :
H.R. 967. A hill to amend the Internal
Revenue Code of 1954 to raise needed addi-
tional revenues by tax reform; to the Com-
mittee on Ways and Means.
By Mr. REUSS (for himself, Mr.
Lehman, Mr. Long of Maryland, Mr.
Madden, Mr. Meeds, Mrs. Mink, Mr.
Mitchell of Maryland, Mr. Moakley,
Mr. Moo'^head of Pennsylvania, Mr,
Moss, Mr. Nedzi, Mr. Ni.x. Mr. Obey,
Rir. Podell. Mr. Price of Illinois,
. ■ Mr. Rees, Mr. Rodino, Mr. Rosen-
thal. Mr. Roybal, Mr, Sarbanes, Mr.
Seiberlinc. Mr. James V, Stanton,
Mr, Stark. Mr. Stokes, and Mr,
Studds) :
H,R, 968. A bUl to amend the Internal
Revenue Code of 1954 to raise needed addi-
tional revenues by tax reform; to the Com-
mittee on Ways and Means.
By Mr. REUSS (for himself. Mr.
Symington, Mr. Tiernan, Mr.
Waldie, Mr. Charles H. Wilson of
California. Mr. Yatron, and Mr,
Zablocki) :
H.R. 969. A bill to amend the Internal
Revenue Code of 19,54 to raise needed addi-
tional revenues by tax reform: to the Com-
mittee on Ways and Means.
By Mr RHODES (for himself. Mr. Col-
lins. Mr. Pindley. Mr. Mayne. Mr.
Davis of Wisconsin, Mr. Baker, Mr.
Conable. Mr. Thomson of Wiscon-
sin, Mr. Bt'TLER, Mr. Sebelk^s, Mr.
Shoup, Mr. Wyman, Mr. Archer, Mr
Huber, Mr. Stftger of Wisconsin,
Mr. Cleveland. Mr. Talcott. Mr.
Ware. Mr. Michel, Mr. Pritchard,
Mr. Ketchum, Mr. Scherle, Mr.
Steiger of Arizona, Mr. Mizell, and
Mr. Conte) :
H.R. 970. A bin to amend the Federal Sal-
ary Act of 1967, and for other purposes; to
the Committee on Post Office and Civil Serv-
ice.
61
By Mr. RHODES (for himself, Mr.
CoNLAN, Mr. Miller of Ohio, Mr.
Broyhill of North Carolina. Mr.
Cronin, Mr. Robinson of Virginia,
Mr, Anderson of Illinois, Mr, Young
of Florida, and Mr. Kemp) :
H.R. 971. A bill to amend the Federal
Salary Act of 1967, and for other purposes; to
the Committee on Post Office and Civil Serv-
ice.
By Mr RIEGLE:
H.R. 972. A bill to promote development
and expansion of ccmm^inltv schools
throughout the United Stalei) to the Com-
mittee on Educaticn and Laa.k T
By Mr. ROBERTS : \ '
H.R. 973. A bill to ame;id |tltle 5 of the
United States Code to provide for the desig-
nation cf the nth day of November of each
year as Veterans D.iy; to the pomniittee on
the Judiciary.
H.R. 974. A bill designating ^he Texarkkna
Dam and Reservoir on the' Sulphur River
as the Wright Patman Dam ;n^ Lake; lo |lhe
Committee on Public Works.
By Mr. ROBINSON ol V rtinia:
K.R. 975. A bill to linpro e a}-.J i:nplemo:U
fiscal controlal l-i the ^.S
procedure.s fjr
Government a .d for other pt-.^pcses; to |the
Commit 1 36 on Ri'les.
By Mr RODINO:
H R. 976. A bill to strcnsthert and imprjove
the protectloi.s and Interests qf partlcipajnts
and beneficlarlo; of em Icee pension fnd
welfare p'qns; to the Comn.ittee en Educa-
tion and Labor ' |
H.R 977: A bl.i to regitl:'.; ai.d foster cqm-
mfrce among the States bv T-.rbvldlng a i^ys-
tcm for the taxation of injerstate cqm-
merce: to the Committee on th» Judiclaify.
HR. 978. A bin to establish :?n Independ-
ent and regionalized Federal iBoard of JJa-
role. to pro'lde for fair and iequitable fia-
role procedures, and for other' purposes; to
the Committee on the Judirlar;]-.
HR 979. A bill to amend ijtle 18 of the
United States Code to enable the Federal
criminal Justice system to deal more e-^c-
tlvely with the oroblem of nfrcoik- adtjlc-
tlon, to amend the Omnibus Crime C.infirol
and Safe Streets Act o; 1963 to enab e the
States a''d mtiniclpalities to deal more e'TtJc-
tlvely with that problem, and for other re-
lated purposes: to the Comnalttet on y. e
J"tii;lary. i i
H.R. 980. A bUl to amend th« Immigration
and Nationality Act to provldei for the issu-
ance of nonimmigrant visas to certain allins
entering the United Slates under contracts
of employment, and f:?T other purpdses; to
the Committee on the Judicairy.
H.R. 981. A bill to amend the Immigration
and Nationality Act. and for other purposes;
to the Committee on the Judiciary,
H.R. 982. A bin to amend the Immigration
and Nationality Act, and for ot^her purposjes:
to the Committee on the Judiclsry,
H.R, 983, A bill to amend secOlon 312 of i)-e
Immigration and Nationality i Act; to the
Committee on the Judiciary. I I '
H.R. 984. A bin to, amend section 319 of <he
Immigration and Nationality ' Act; to <he
Gommlttefe on the Judiciary.
H.R. 985. A bill to amend sections 320 and
321 of the Immigration and Nationality Act;
to the Committee on the Judiciary.
H.R. 986. A bill to insure orderly congres-
sional review of tax preferenoes and otber
Items which narrow the Income tax base;, to
the Committee on Ways and Means. |
H.R. 987. A bin to create a national systtm
of health security; to the Committee on Ways
and Means.
By Mr. ROE:
H.R. 988. A bin to provide for paper money
of the United States to carry a designation In
braille Indicating the denomination; to the
Committee on Banking and Currency.
H.R, 989. A bill to provide far the striking
of medals In commemoration of the 500th
anniversary of the birth of Nlcolaus Copernl-
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CONGRESSIONAL RECORD — HOUSE
Jamoary S, 197S
c\ >3 (Mikola] Kopernik i , the founder of mod-
el n aaironoin> . to the Committee on -Banking
and Currency. '
H R 990 A bill to provide for the awarding
U a Medal U Honor for Policemen and a
Medal of Honor for Firemen; to the Commlt-
u eon Banking and Currency.
H R 991 A bill to amend the Urban Ma^^-
T ansportaucn Act of 1964 to authorize cer-
ain emergency grants to assure adequate
2p,d transit and commuter railroad serv..e
uroan areas, and for other purposes: to the
mnuitee on Banking and Currency.
H R 9J2 A bill to amend the Urban Mass
Tansportat.cn Act of 1964 to authorize
e, ant/ and leans to pruate nonprofit orga-
n z^t^ons to assist them in Providing trans-
p ,rtation service meeting the -P='=;^^\»fi'^^^
lerlv and handicapped persons; to the Com-
itiee on Banking an<iCurrency^
H R 993. A bill to aithorize* White House
uference on Educa|on, to the CDmii>ittee
ji Education and Labor. ^ ,,. im
H R. 994. A bUl to provide a program to im-
ove the opportunity of students in elemen-
\ r^ and secondary schools to study cultural
■ritaees of the various ethnic groups in the
^ lonrto the Committee on Education and
^fH°R 995. A bill to provide Federal assist-
uce to States for improving elementary and
Econdarv teachers' salaries for meeting the
"g^nt needs of elementary and secondary
ecucatlon. and for other PU/PO^«- ^° ^^^"^
C )mmitt«e on Education and Labor
H R 996 A oiU to improve education by
r creasing the freedom of the Nation s teach-
e',s to change employment across State lines
tthout substantial loss of retirement bene
3 through establishment of a Federal
ale program; to the Committee on Edu-
Ltlon and Labor
H R 997. A bin to promote development
expansion of community schools
....ughout the United States; to the Com-
ilttee on Education and Labor.
H R 998 A bill to amend and expand the
Energency Employment Act of 1971 to re-
fce national unemployment and stimulate
sninflatlonarv economic growth: to the
nmmittee on Education and Labor.
h!r 999 A bill to amend the Fair Labor
S;andards Act of 1938. as amended, to ex-
3d Its protection to additional employees,
raise the minimum wage to 82.25 an hour.
nrovlde for an 8-hour workday, and for
purposes; to the Committee on Edu-
cation and Labor.
Bv Mr HECHLER of West Virginia (for
'himself, Mr. Ashley. Mr. Aspin. Mr.
BiESTEK, Mr. CoNTE. Mr. COTTXR. Mr.
ECKHAKDT. Mr. FASCELL, Mr. FXTLTON,
Mr McCloskiy. Mr. Metcalfe, Mrs.
Mink Mr. MncHELL of Maryland.
Mr. MosHER. Mr. Moss. Mr. Obey,
Mr. Peyser, Mr. Retjss. Mr. Riecle,
Mr RousH, Mr. Sandman. Mr. Sei-
BERLiNG. Mr Stark, Mr. Vanik, and
Mr. Williams) :
H R. 1000. A bill to provide for the control
surface and underground coal mining
^rations which adversely affect the quality
our environment, and for other purposes;
the Committee on Interior and Insular
.4ffairs.
and
tl iroui
t4nd
t'
t(
o her
c peratl
cr
r 3
By Mr. ROE:
H R. 1001. A bin to strengthen and Improve
tiie protections and Interests of particlpant.s
end beneficiaries of employee pension and
■«. 'elf are benefit plans; to the Committee on
Education and Labor.
H.R. 1002. A bin to amend the Education
df the Handicapped Act to provide tutorial
and related instructional services for home-
1 ound children through the employment of
(ollege students, particularly veterans and
c ther students who themselves are handl-
( apped; to the Committee on Education and
liabor
H.R. 1003. A bill to establish In the Depart-
inent of Health. Education, and Welfare an
Office for the Handicapped to coordinate
programs for the handicapped, and for other
purposes; to the Committee on Education
and Labor.
H.R. 1004. A bill to amend the Vocational
Rehabilitation Act to provide special services,
artificial kidneys, and supplies necessary for
the treatment of Individuals suffering from
end stage renal disease; to the Committee on
Education and Labor.
H.R. 1005. A bill to strengthen and Im-
prove the Older Americans Act of 1965: to
the Committee on Education and Labor.
H.R. 1006. A bill to establish a senior citi-
zens skill and talent utilization program;
to the Committee on Education and Labor.
H R. 1007. A bill to promote international
cooperation In United Nations eflorts to
protect the world's oceans and atmosphere;
to the Committee on Foreign Affairs.
H R. 1008 A bill to establish an executive
denartment to be known as the Department
of Education, and for other purposes: to the
Committee on Government Operations.
H.R. 1009. A bill to amend the Federal
Property and .^c^lnlstrative Services Act
of 1949 to permit rescue squads to obtain
surplus property: to the Committee on Gov-
ernment Operations.
HR. 1010 A bill to amend section 1905 of
title 44 of the United States Code relating to
depository llbrartes; to the Committee on
House Administration.
H.R. 1011. A bill to amend the Federal Avi-
ation Act of 1958 to require that any air car-
rier proposing to discontinue any air tran-;-
portatlon to or from any point named in its
certificate must give notice thereof at le.ist
60 days in advance of the proposed difccon-
tinuance, and for other purposes: to the
Committee on Interstate and Foreign Com-
merce.
H.R. 1012. A bill to require that all school
buses be equipped with seat belts for pas-
sengers and seat backs of sufficient height to
prevent Injury to passengers; to the Com-
mittee on Interstate and Foreign Commerce.
H R. 1013. A bill to amend the National
Traffic and Motor Vehicle Safety Act of 1966
to authorize design standards for schoolbuses,
to require certain standards be established
for schoolbuses. to require the Investigation
of certain schoolbus accidents, and for other
purposes; to the Committee on Interstate
and Foreign Commerce.
H R. 1014. A bill to provide a system for the
regulation of the distribution and use of
toxic chemicals, and for other purposes; to
the Committee on Interstate and Foreign
Commerce.
H R. 1015. A bill to amend the Public
Health Service Act so as to add to such Act
a new title dealing especially with kidney
disease and kidney-related diseases; to the
Committee on Interstate and Foreign Com-
merce.
H R. 1016. A bill to establish a commission
to review United States antitrust law;, to the
Committee on the Judiciary.
H.R. 1017. A bill to permit collective negoti-
ation by professional retail pharmacists with
third-party prepaid prescription prograrn ad-
ministrators and sponsors; to the Committee
on the Judiciary.
H R. 1018. A bin to provide for greater and
more efficient Federal financial assistance to
certain large cities with a high Incidence of
crime, and for other purposes; to the Com-
mittee on the Judiciary.
H.R. 1019. A bill to make use q# a firearm
to commit a felony a Federal crime where
such use violates State law, and for other
purposes; to the Committee on the Judici-
ary.
H.R. 1020. A bill tp provide a penalty for
unlawful assault upon policemen, firemen,
and other law enforcement personnel, and
for other purposes; to the Committee on
the Judiciary.
H.R. 1021. A bni to amend title 18 of the
United States Code to permit the mailing of
lottery Information, and the transportation
and advertising of lottery tickets In Inter-
state commerce, but only where the lottery
is conducted by a State agency; to the Com-
mittee on the Judiciary.
H.R. 1022. A bill to establish a Commission
on Penal Reforms; to the Committee on the
Judiciary.
H.R. 1023. A bill to limit the authority of
States and their subdivisions to impose taxes
with respect to income on residents of other
States: to the Committee on the Judiciary.
H.R. 1024. A bill to amend the National
Environmental Policy Act of 1969 to require
that environmental impact siatemeiits be in-
cluded In agency reports on bills and reso-
lutions being consicered by the Congress;
to the Committee on Merchant Marine and
Fisheries.
H.R. 1025. A bill to provide for the issu-
ance of a commemoratl.e postage stamp In
commemoration of the oCOth anniversary of
the birth of Nlcolaus Copernicus ( Mikolaj
Kr-pernik), the fovnder Lf modern astron-
omy: to the Committee on Pest Office and
Civil Service.
H.H. 1026. A bill to amend title 39, United
St ites Code, as enacted by the Postal Re-
organization Act. to facilitate direct com-
municati, n between (.;fl!Ci.Ts and employees
of the U.S. Postal Ser\ice and Menners of
Congress, and f..r otlier purposes: to the
Committee on Post Office and Civil Service.
H.R. 1027. A bill to amend title 5, United
States Code, to require the heads of the re-
spective executive agencie.s to provide the
Congress with advance notice of certain
planned organlzation.il and other changes or
actions which would affect Federal civilian
employment, and for oih^ purposes; to the
Committee on P.ost Office and Civil Service.
H.R. 1028. A bill to provide fncrea.sed an-
nuities under the Civil Service Retirement
Act: to the Committee on Post Office and
Civil Service.
H.R. 1029. A bill to amend title 5, United
States Code, to correct certain Inequities In
the crediting of National Guard technician
service in connection with civil service re-
tirement, and for other purpose.?; to the
Committee on Post Office and Civil Service.
H.R. 1030. A bin to amend title III of the
act of March 3, 1933, commonly referred to
6s the "Buy American Act." with respect to
determining when the cost of certain articles,
materials, or supplies is vmreasonable; to de-
fine when articles, materials, and supplies
have beea mined, produced, or manufactured
In the United States; to make clear the right
of any State to give preference to domesti-
cal!:' produced goods In purchasing for public
use. aiid for other purposes; to the Committee
on Public Works.
H.R. 1031. A bni to amend the Disaster Re-
lief Act of 1970 to provide that community
disaster grants be based upon loss of budg-
eted revenue; to the Committee on Public
Works.
H.R. 1032. A bill to authorize appropria-
tions for construction of certain highways in
accordance with title 23 of the United States
Code, and for other purposes; to the Com-
mittee on Public Works.
nA 1033. A bill to amend the Public Works
and Economic Development Act of 1965: to
the Committee on Publ* Works.
H R. 1034. A bin t9 amftid the Public Works
and Economic Development Act of 1965, as
amended, to establish an emergency Federal
economic assistarce program, to authorize
the President to decl.ire areas of the Nation
which meet certain economic and employ-
ment criteria to be economic disaster areas,
and for other purposes: to the Committee on
Public Works.
H R. 1035 A bill lo require the President
to noLify the Congress v.htnever he impounds
funds, or authorizes the impounding of
funds, and to provide a procedure under
which the House of Representatives and the
Senate may approve the President's action or
require the President to cease such action:
to the Committee on Rules.
H.R. 1036. A bUl to authorize the National
JaniWLiry S, 1973
CONb
RESSIONAL RECORD — HOUSE
I
Science Poundaton to conduct research, edu-
cation, and assistance programs to prepare
the country for conversion from defense to
civilian, socially oriented research and de-
velopment activities, and for other purposes:
to the Committee on Science and Astronau-
tics.
H.R. 1037. A bill to amend the National
Science Foundation Act of 1950 in order to
establish a framework of national science
policy and to focus the Nation's scientific
talent and resources on Its priority problems,
and for other purposes; to the Committee on
Science and Astronautics.
HR 1038. A bin to amend title 38 of the
United States Code jo as to provide that
monthly social security benefit payments and
annuity and pension payments under the
Railroad Retirement Act of 1937 shall not be
included as Income for the purpose of deter-
mining eliglbUity for a veteran's or widow's
pension; to the Committee on Veterans' Af-
fairs.
H.R 1039. A bill to amend section 3104 of
title 38. United States Code, to permit certain
service-connected disabled veterans who are
retired members of the uniformed services
to receive compensation concurrently with
retired pay. without deduction from either;
to the Committee on Veterans' Affairs
By Mr. CORMAN (for himself, Mr.
AspiN, Mr. BoLLiNG, Mr. Brown of
California, Mr. Brademas, Mrs. Chis-
HOLM, Mr. DiNGELL, Mr. Drinan, Mr.
DuLSKi. Mr. Edwards of California,
Mr. Fraser, Mr. Harrington, Mr.
Hechler of West Virginia, Mr. Mc-
Pall, Mr. Madden, Mr. Mitchell of
Maryland, Mr. Moorhead of Pennsyl-
vania, Mr. Nix, Mr Obey. Mr. Price
of ininols, Mr. Rees, Mr. Reuss, Mr.
RODiNo, Mr. RoYBAL, Mr. Charles H.
Wilson of California) :
H.R. 1040. A bill to broaden the Income tax
base, provide equity among taxpayers, and to
otherwise reform the income and estate tax
provisions; to the Committee on Ways and
Means.
By Mr. CORMAN (for himself, Mr.
Conyers, Mr. Danielson, Mr. Del-
LUMs, Mr. EiLBERG, Mr. William D.
Ford, Mr. Hawkins, Mr Helstoski,
Mr. Kyros, Mr. Johnson of Cali-
fornia. Mr. Meeds. Mr. Pepper. Mr.
Pike, Mr. Podell. Mr. Ranqel, Mr.
Rosenthal. Mr. Stokes, Mr. Studds.
Mr. Van Deerlin, and Mr. Waldie) ;
H.R. 1041. A bill to broaden the Income tax
base, provide equity among taxpayers, and to
otherwise reform the Income and estate tax
provisions; to the Committee on Ways and
Means.
By Mr. ROE:
H.R. 1042. A bin to amend title 38. United
States Code to increase the amount of vet-
erans benefits for burial and funeral ex-
pense allowances from the present $250 to
$750; to the Committee on Veterans' Affairs.
H.R 1043. A bill to amend section 109 of
title 38. United States Code, to provide bene-
fits for members of the armed forces of na-
tions allied with the United States In World
War I or World War II; to the Committee on
Veterans' Affairs.
H.R. 1044. A bill to provide for the expan-
. slon of the Beverly National Cemetery in or
near Beverly, Burlington County, N.J.; to the
Committee on Veteraixs' Affairs.
HR 1045. A bill to provide a program of
tax adjustment for small business and for
persons engaged in small business; to the
Committee on Ways and Means.
H.R. 1046. A bill to amend the Internal
Revenue Code of 1954 to provide that employ-
ees receiving lump sums from tax-free pen-
sion or annuity plans on account of sep-
aration from employment shall not be taxed
at the time of distribution to "the extent
that an equivalent amount Is reinvested In
another such plan; to the Committee on
Ways and Means.
H.R. 1047. A bill to amend the Internal
Revenue Code of 1954 to permit an exemp-
tion of the first $5,000 of retirement Income
received by taxpayer under a public re-
tirement system or any other system if the
taxpayer is at least 65 years of age; to the
Committee on Ways and Means.
H.R. 1048. A bill to amend the Internal
Revenue Code of 1954 to allow a credit
against income tax to Individuals for cer-
tain expenses incurred In providing higher
education to the Committee on Ways and
Means.
H.R. 1049. A bill to allow a credit against
Federal Income taxes or a payment from the
U.S. Treasury for State and local real prop-
erty taxes or an equivalent portion of rent
paid on their residences by individuals who
have attained age 65 to the Committee on
Ways and Means.
H.R. 1050. A bill to provide that State and
local sales taxes paid by Individuals shall be
aUowed as a credit against their liability for
Federal Income tax instead of being taiowed
as a deduction from their gross Income; to
the Committee on Ways and Means.
H.R. 1051. A bill to provide a deduction for
Income tax purposes. In the case of a dis-
abled individual, for expenses for transporta-
tion to and from work; and to provide an
additional exemption for income tax pur-
poses for a taxpayer or spouse who is dis-
abled; to the Committee on Ways and Means.
H.R. 1052. A bill to provide payments to
States for public elementary and "secondary
education and to allow a credit against the
Individual income tax for tuition paid for
the elementary or secondary education of
dependents; to the Committee on Wavs and
Means.
H.R.- 1053. A bill to amend title II of the
Social Security Act to provide In certain cases
for an exchange of credits between the old-
age survivors, and disability insurance system
and the civil service retirement system so as
to enable individuals who have some cover-
age under both systems to obtain maximum
benefits based on their combined service: to
the Committee on Ways and Means.
H.R. 1054. A bill to amend the Social Se-
curity Act to establish a national catastroph-
ic Illness and insurance program under
which the Federal Government, acting in
cooperation with State Insurance authorities
and the private Insurance Industry, will re-
Insure and otherwise encourage the Usuance
of private health insurance policies which
make adequate health protection available to
all Americans at reasonable costs; to the
Committee on Ways and Means.
H R. 1055. A bill to encourage States to es-
tablish abandoned automobile removal pro-
grams and to provide for tax incentives for
automobile scrap processing; to the Commit-
tee on Ways and Means.
H.R. 1056. A bill to amend the tariff and
trade laws of the United States to promote
full employment and restore a diversified
production base; to amend the Internal Reve-
nue Code of 1954 to stem the outflow of U.S.
capital, jobs, technology and production, end
for other purposes: to the Committee on Ways
and Means.
By Mr. ROGERS: '
H R. 1057. A bill to amend the act provid-
ing an exemption from the antitrust laws
with respect to agreements between persons
engaging In certain professional sports for the
purpose of certain television contracts In or-
der to terminate such exemption when a
home game is sold out. or when game times
differ; to the Committee on the Judiciary.
By Mr. ROGERS (for himself. Mr.
Staggers. Mr. Satterfield, Mr.
Kyros. Mr Preyer, Mr. Symington,
■ Mr. Roy, Mr Hastings, Mr. Moss,
Mr. Van Deerlin, Mr. Piokle, Mr.
MtTRPHY of New York, Mr. Tiernan,
Mr. Podell, Mr, Adams, Mr Carney
of Ohio. Mr. Rooney of Pennsyl-
vania, and Mr. Frey ) :
63
H.R. 1058. A bill to establish a Department -,
of Health; to the Commltt«je on Government
Operations. i *
By Mr. ROGERS (tfor himself. Mr.
Kyros, Mr. Preyer; Mr. Symington,
Mr. Roy, Mr. Nelsen, Mr. Hastings,
and Mr. Robison of New York) :
H.R. 1059. A bUl to amend the Public
Health Service Act and the Federal Pood.
Drug, and Cosmetic Act to assure that the
public is provided with safe drinking water,
and for other purposes; to the Committee on'
Interstate and Foreign Commerce.
By Mr. ROONEY of New York :
H.R. 1060. A bin to enable the mothers and
widows of deceased members of the Armed
Forces now Interred In cemeteries outsWe the
continental limits of the United States to
make a pilgrimage to such cemeteries; to the
Committee on Arrrted Services.
H.R. 1061. A bill to establish a Dtpartment
of Health; to the Committee on Government
Operations.
H.R. 1062. A bill to amend the Civil Service
Retirement Act to increase to 21^ percent
the multiplication factor for determining an-
nuities for certain Federal emplovees et^gaged
in hazardous duties; to the Committee on
Post Office and Civil Service.
H.R. 1063. A bill to incliade Inspectors of
the Immigration and Ni turalizatlon Service
or the Bureau of Custon. i within the provi-
sions of section 8336(c) of title 5, United
States Code, relating to the retirement of
Government employees engaged In hazardous
occupations; to the Committee on Posti Office
and Civil Service. | 1
H.R. 1064. A bin to ataend the Internal
Revenue Code of 1954 to allow a credit again t
the Individual Income tax for tuition paid for
the elementary or secondarv education of
dependents; to the Committee on Wajis and
Means.
By Mr. ROONEY of Pennsylvania:
H.R. 1065. A bill to establish and prescribe
the duties of a Federal boxing commission
for the purpose of Insuring that the channels
of Interstate commerce are. free from false
or fraudulent descriptions; or depictldns of
professional boxing contest*, to the Commit-
tee on Interstate and Foreign Commence.
H.R. 1066. A bill to amend the Comtnunl-
catlons Act of 1934 to establish orderly pro-
cedures for the consideration of applications
for renewal of broadcast licenses: to the, Com-
mittee on Interstate and Foreign Comjtnerce
HR. 1067. A bill to amend the Interstate
Commerce Act to provide Increased fines for
violation of the motor carrier safety regula-
tions, to extend the application of civil pen-
alties to all violations of the motor carrier
safety regulations, to permit suspensjon cr
revocation of operating rights for violation
of safety regulations, and for other purbosei-
to the Committee on Interstate and Forelen
Commerce.
H.R. 1068. A bill to protect collectbrs of
antique glassware against the manufacture
1.1 the United States or the importation of
imitations of such glassware; to the Commit-
tee on Interstate and Foreign Commerce
H.R 1069. A bin to emend title 5, United
States Code, to correct certain inequities in
the crediting ct National Guard technician
service In connection with civil service netire-
ment, and for other purposes; to the ICom-
mlttee on Post Office and Civil Servlcel
HR 1070. A bill to extend to volunteer
fire companies and voluteer ambulance and
rescue companies the rates of postage on sec-
ond class and third class bulk mailings ap-
plicable to certain nonprofit organizations:
to the Committee on Post Office and Civil
Service I
HR. 1071. A bill to an>end the Internal
Revenue Code of 1954 to allow a credit
against the Individual Income tax for tui-
tion paid for the elementary or secondary
education of dependents: to the Committee
on Ways and Means.
By Mr ROONEY of Pennsylvania (for
himself and Mr Scjhneebeli) : j
fr
to
a
CONGRESSIONAL RECORD — HOUSE
January 3, 1973
i.R. 1072. A bill to amend chapter 26 of
tit e 49 of the United States Code to provide
th It compressed gas cylinders shipped in
Inierstaie commerce be inspected in the
r ited States; to the Committee on Inter-
£ :e and Foreign Commerce.
By Mr ROSENTHAL (for himself. Ms.
Abzug.^Mr. Annvnzio. Mr. Badillo.
^Tr. Br.\sco, Mr Eiiberg, Mrs. Grasso,
y.T. GUDE. Mr. Hechler of West Vir-
ginia. Mr. McCLORY. Mr Moohhead of
Penn-,vlvanla. Mr. Podell. Mr. Ran-
CEL. Mr. RoDiNO, Mr. Roybal, and
Mr. Wolff) :
I.R. 1073. A bill to establish the Airport
Nl ise Curfew Commission and to define Its
fu ictions and duties: to the Committee on
Interstate and Foreign Commerce.
;r ROYBAL:
m. 1074. A bill to amend the Federal
Ml at Inspection Act to change the Ingredi-
eii t requirements for meat food products
sujject :o this act. and for other purposes;
the Committee on Agriculture.
m. 1075 A bill to provide that the mem-
•ship of loca' select've service brards re-
fit ru the e'.h:.ic and economic nature of the
las served by surh boards; to the Ccin-
itee o 1 Ar;iied Services.
^.R. 1076. A bill to amp id title 10 of the
w-ited States Code to e ta'alish procedures
pr>vidmg members of the Armed Forces re-
dr fss of grlevarces artslng from acts of bru-
ta ity or" other cruelties, and acts which
at ridge or deny rights guaranteed to them
t)\ the Constitution of the United States,
su tered by them while serving In the Armed
pdrces. a:.d ijr other pi;rposes; to the Com-
ttee oil Armed Services.
H-.R. 1077. A bill to provide for the treat-
-- of members of the Armed Forces who
art narcr.t c3 addicts; to the Committee on
Vi med Services.
HR. :078. A bill to amend the Military
Pi jcure.v.erit Act of 1970 to prohibit the
fi ture trfe. sppi'a'ion. deployment, storage,
o: dUposal of chemical and biological war-
fa e niv.. l:lor.s outside the United States;
to '^c Commitree on Armed Services.
H R 1079. .\ bill to req.iire the Department
of Defpise 'o determine disposal dates and
mjthods of disnosl -t of certain military ma-
te-lal;. to the Commit'ee on Arniod Scrv ces.
H.R. '.Oeo. A bill to anie-.d the Maritime
A ademy Act of 1058 l:i order to amhorlze
ft e Secretary of the Navv to appoint stude its
a' ^tate maritime acad.mies a:-.d colleges as
Rts^rve mlds'-ipn^en in the US. Navy, and
r rtrer purpci2s; to tie Committee oa
.^Jmec'. Services.
H R. 1081. A bill *o amend the Lead-Based
• in- Poisoni.ig Preveniio.i .«ct; to >he Com-
r-ee on 3a. .1:1 g a'.d Currency.
H.R 1082. A till to ame d the Natl^^al
Gjd I s-.'.rance Act of 19f.8 to rrovlde pr--:-
ffc-lo.-. th?reu.'.c',er e.2e1 st 'osses rt-'siiUlns
fjcm c■.r;^q'::k:s r.r.rt pArthsiides: to ti.e
inimit'.ie on Banking a-d Currency.
K R. 1083. A blK to provic'e a comprei-e.;-i'-'>
rt;ld development program I:; the Depprt-
n et-t of Health. Edvcatl-j;-.. and Welfare: to
tie Camr.'.ittee o'. Edjc'.aloi. and I.a'^or.
:iR. 10:4. A bin to e courage St3..es to
crease f-^e prop:;r*Ji-n nf th3 expenditures
11 'he State for ru">ii? eCuCv-.ti'):. ■.vhili ere
dlrived from State rather than local re.e-ne
nrces:'to the Coniiul'tee o;i Education and
H.R. 1085 A bill to authTize special ap-
pl-cprlat.'.a^ fo.- truii in? taachers for bil-
li iijual education progrr.rr.i: to the Comnilt-
tie on Education and Labor.
H.R. 1086. A- bill to authcrlze the U.S. Com-
nl.^sio'.ef of Education to make grants to
e ementary schcols and other educational In-
tutions for the conduct of special educa-
tional programs and activities concerning
t: le use of for other related educational pur-
p ises; to the Committee on Education and
L^bor.
H.R. 1087. A bill to authorize the U.S. Com-
i.v-iloner of Education to establish educa-
tional programs to encourage understanding
of policies and support of activities designed
to enhance environmental quality and main-
tain ecological balance; to the Committee on
Education and Labor.
H.R. 1088. A bill to amend the Education
of the Handicapped Act to provide tutorial
and related instructional services for home-
bound children through the employment of
college students, particularly veterans and
other students who themselves are handi-
capped; to the Committee on Education and
Labor.
H.R. 1089. A bill to establish and protect
the rights of day laborers; to the Committee
on Education and Labor.
H.R. 1090. A bill to require con'ractors of
departments and agencies of the United
States engaged in the production of mc-
tijn picture films to pay prevailing wagfs;
to the Committee on Education and Labor.
H.R. 1091. A bill; National Public Em-
ployee Relations Act; to the Committee on
Educati-n and Labor.
H.R. 1092. A bill to amend fe EcDm:r.lc
Oppc.rti.;nity Act of 1264 to authorize a le al
services DUpgram by establishing a Natk.n 1
Legal Ser^fces Corporation, and for other
purD03?s; tb the Committee on Education
and Labor.
H.R. 1093. A bill to strengthen and im-
prove the Older Americans A^t of 1965. and
for other purposes; to the Committee on
Education and Labor.
H.R. 1094. A bill to provide for Increases In
the readjustment allowances of Peace Corps
volunteers and volunteer leaders, and to pro-
vide for the depositing of such allowances
in savings accounts; to the Committee on
Foreign Affairs.
■ H.R. 1095. A bill to provide for a procedure
to Investigate and render decisions a.^d
recommendations with respect to grievances
and appeals of employees of the Foreign
Service: to the C'~mmlttee on For Igu Affairs.
H.R. 1096. A bill to promote the peaceful
resolution of international co'ifllct. and for
other purposes; to the Committee on Gov-
ernment Operations.
H.R. 1097 A bill to amend title 5. Uni-ed
States Code, to provide that indl-. Iduais be
apprised of records concerning them which
are maintained by Government agencies: to
the Committee on Government Operations.
H.R. 1098. A bii: to r store the right to vote
in Federal elections to certain dlsenfra:i-
chlsed citizens; t.i the Committee on House
Administration.
H.R. 1099. A bill to provide for the slmul-
t I- eiis closl.-.g of polling pi ices on eiec-
■ ion dav throughout the United States: to
the Committee on House Administration.
H.R. 1100. A bill to provide for the creatlcn
ot an Authority to be known as the Reclama-
ticn Lands Authority to carry out the con-
r.rossional intent respecting the excess land
provisions of the Federal Reclamation Act
'f June 17. 1902: to the Committee on In-
terior and Insular .'\iTairs.
H.R. 1101. A bill to prohibit common car-
riers In Interstate commerce from charging
elderly people m're than half fare for their
transportation during ncnpeak periods of
♦ravel, and for other purposes; to the Com-
m.ittee on Int?rstate and Foreign Commerce.
HR. 1102. A bill to amend the Federal
Aviation Act of 1958 to authorize free o^
reduced rate transportation for severely
handicapped persons and persons In attend-
ance, when the severely handicapped person
is traveling with such an attendant; to the
Committee on Interstate and Foreign Com-
merce.
H.R. 1103. A bill to prevent aircraft piracy
bv requiring the use of metal detection de-
vices to Inspect all passengers and baggage
boarding commercial aircraft In the United
States: to the Committee on Interstate and
Foreign Commerce.
H.R. 1104. A bin to Insure International
cooperation In the prosegutlon or extradition
to the United States of persons alleged to
have committed aircraft piracy against the
laws of the United States or International
law; to the Committee on Interstate and
Foreign Commerce.
H.R. 1105. A bill to provide implementation
of the Federal Trade Commission Act to give
Increased protection to consumers, and for
other purposes: to the Committee on Inter-
state and Foreign Commerce.
H.R. 1106. A bill to amend the Federal
Food, Drug, and Cosmetic Act to require the
labels on all foods to disclose each of their
Ingredients: to the Committee on Interstate
and Foreign Commerce.
H.R. 1107. A bill to amend the Federal
Food. Drug, and Cosmetic Act in order to
provide for the registration of manufac-
tur rs cf cosmetics, the testing of cosmetics.
ai.d the lateling cf cosmetics, and for other
purposes; to the Committee on Interstate
a a Foreign Commerce.
K R. 1108. A bill to amend the National
Tramc a id Motor VeMcle Ssfsty Act of 1966
t su h ri2e design St-- ndards fcr schoolbuses,
t.i r Ljulre cjrta.n stauJards establisl.ed for
GO' c. I ju3:?s, to rjqu r? th» investigation of
certain schoolbxis accldeits, and for other
pi.-rpr.ses; to the Committee on Intsrstate
a d F.rgign Ccmn.erc.
H.R. 1109. A bin to reduce pollution which
is caused by litter composed of soft drink
and besr containers, and to eliminate the
threat to the Nation's health, safety, and wel-
fare.which Is caused by such litter by banning
such containers when they are sold in Inter-
state commerc; on a no-depcslt, no-return
basis; to the Committee on Interstate and
Foreign Commerce.
H.R. 1110. A bill to establish a national
power grid system, for the purpose of as-
suring an adeqviate and reliable low-cost
electric power supply consistent with the en-
hancement of environmental values and the
p»eservat!on of competition in the electric
power industry: to the Committee on Inter-
state and Foreign Commerce.
H.R. nil. A bin to provide for a study and
evaluation of the ethical, social, and legal
impllTatlons of advances in biomedical re-
search and technology: to the Committee on
Interstate and Foreign Commerce.
H.R. 1112. A bill to amend the Public
Health Service Act to provide for a compre-
hensive review of the medical, technical, so-
cial, and legal problems and opportunities
which the Nation faces as a result of medical
progress toward making transplantation of
organs, and the use of artificial organs a
practical alternative in the treatment of dis-
ease: to amend the Public Health Service Act
to provide assistance to certain non-Federal
institutions, agencies, and organizations or
the establishment and operation of regional
and community programs for patients with
kidney disease and for the conduct of train-
ing related to such programs; and for other
purposes; to the Committee on Interstate
and Foreign Commerce.
H.R. 1113. A bill to amend the Public
Health Services Act to provide for the pro-
tection of the public health from unneces-
sary medical exposure to ionizing radiation;
to the Committee on Interstate and For-
eign Commerce.
H.R. 1114. A bill to provide additional Fed-
eral assistance for State programs of treat-
ment and rehabilitation of drug addicts; to
the Committee on Interstate and Foreign
Commerce,
H.R. 1115. A bin to amend the Omnibus
Crime Control and Safe Streets Act of 1968
to provide for the development and operation
of treatment programs for certain drug abus-
ers who are confined to or released from cor-
rectional Institutions and facilities; to the
Committee on the Judiciary.
H.R. 1116. A bill to amend the OmnlbtJS
Crime Control and Safe Streets Act of 1968
to provide Increased assistance to correctional
programs, to establish more detailed guide-
lines for such programs, and to create a
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
65
streamlined administration of such assist-
ance: to the Committee on the Judiciary.
H.R. 1117. A bill to provide Federal assist-
ance to State and local governments for the
purpose of developing and Improving com-
munication procedures and faculties with re-
spect to the prompt and efficient dispatch of
police, flre, rescue, and other emergency
services; to the Committee on tjie Judiciary.
H.R. 1118. A bUl to extend benefits under
section 8191 of title 5, United States Code, to
law enforcement officers and firemen not em-
ployed by the United States who are killed or
totally disabled In the line of duty; to the
Committee on the Judiciary.
H.R. 1119. A bin to amend section 1114 of
title 18 of the United States Code to extend
Federal protection to certain officers and
employees of the General Services Adminis-
tration; to the Committee on the Judiciary.
H R. 1120. A bin to amend the ClvU Rights
Act of 1964 In order to prohibit discrimina-
tion on the basis of physical or mental
handicap In federally assisted programs: to
the Committee on the Judiciary.
H.R. 1121. A bill to amend the Immigra-
tion and Nationality Act with respect to the
waiver of certain grounds for exclusion and
deportation: to the Committee on the Judi-
ciary.
H.R. 1122. A bill to amend section 242(b)
of the Immigration and Nationality Act to
require special deportation proceedings In
connection with the voluntary departure
from the United States of any alien who Is
a native of a country contiguous to the
United States; to the Committee on Judi-
ciary.
. H.R. 1123. A bill to provide reimbursement
to certain individuals for medical relief for
physical Injury suffered by them that is di-
rectly attrlbaitable to the explosions of the
ai/omic bombs on Hiroshima and Nagasaki,
Japan, in August 1945 and the radioactive
fallout from those explosions; to the Com-
mittee on the Judiciary.
H.R. 1124. A bUl to prohibit the discharge
into any of the navigable waters of the
United States or Into International waters
of any military material or other refuse with-
out a certification by the Environmental Pro-
tection Agency approving such discharge;
to the Committee on Merchant Marine and
Fisheries.
H.R. 1125. A bill to protect the civilian em-
ployees of the executive branch of the U.S.
Government in the enjoyment of their con-
stitutional rights and to prevent unwarrant-
ed governmental Invasions of their privacy;
to the Committee on Post Office and Civil
Serrice.
H.R. 1126. A bin to amend title 5, United
States Code, to include as creditable service
for civil service retirement purposes service
as an enrollee of the Civilian Conservation
Corps, and for other purposes; to the Com-
mittee on Post Office and ClvU Service.
H.R. 1127. A biU to amend title 5 of the
United Stales Code to extend to employees
retired on account of disability prior to Oc-
tober 1, 1956, the minimum annuity base es-
tablished for those retired after that date;
to the Committee on Post Office and Civil
Service.
H.R. 1128. A bin to amend the Disaster
Relief Act of 1970 to provide tor the man-
datory development and maintenance by
States of disaster preparedness plans, to pro-
vide for the annual testing of such plans, to
increase the amount of Federal assistance
In the case of approved plans, and for other
purposes; to the Committee on Public Works.
H.R. 1129. A bill to provide for contribu-
tions by the Federal Government to repair,
restore, reconstruct, or replace nonprofit hos-
pitals under the provisions of the Disaster
Relief Act of 1970; to the Committee on Pub-
lic Works.
H.R. 1130. A bUl to provide Federal finan-
cial assistance for the reconstruction or re-
pair of private nonprofit medical care fa-
CXIX 5— Part 1
Mr. Rees, Mr. Rieclb, Mr. Waldie,
Mr. Helstoski, and Mr. Moss) :
H.R. 1145. A bUl to authorize grants to the
Deganawldah-Quetzalcoatl Un^erslty; to the
Committee on Education and tabor. '
By Mr. ROYBAL (for himself. Mr.
Brasco, Mr. CoNYERS, Mr. Danielson,
Mr. Edwards of California. Mr. Po-
QUA, Mr. Hawkins, Mp. Hechler of
West Virginia. Mr. Rosenthal, Mr.
Charles H. Wilson of California.
Mr. Wolff, and Mr. ■Harrington^ :
H.R. 1146. A bill to establish a program to
replace, through the cooperative efforts of
Federal, State, and local governments, ele-
mentary and secondary schools which are tin
a dangerous location or unsafe condition or
are otherwise deficient; to the Fcommlttee \m.
Education and Labor. ' f I
By Mr. ROYBAL (for himself and Mr.
Edwards of California) :
H.R. 1147. A bUl to amend section 312(1)
of the Immigration and Nationality Act; to
the Committee on the Judlciarj'.
By Mr. ROTBAL (for himself. Mr.
Bennett, Mr. BurtoH, Mr. Daniel-
son, Mr. Harrington, Mr. McFall,
Mrs. Mink, iflr. Murpi^y of New York,
Mr. Rees, ^Ir. Sisk, Mr. Van Deerlin.
and Mr. Wavdie) :
H.R. 1148. A blll\o amen<i the Internal
Revenue Code of 1954 to provide that any
resident of the Republic of the Philippines
may be a dependent for purposes of the In-
come tax deduction for personal exemptions;
to the Committee on Ways and Means.
By Mr. ST GERMAIN:
surance Contributions Act to provide a methi^ ' ^^ ^1^9- A bUl to amend title 11 of the
duties which are damaged or destroyed by a
major disaster; to the Committee on Public
Works.
H.R. 1131. A bill to require the President
to notify the Congress whenever he Impounds
funds, or authorizes the Impounding of
funds, and to provide a procedure under
which the House of Representatives and the
Senate may approve the President's action
or require the President to cease such action;
to the Committee on Rules.
H.R. 1132. A bill to provide for the estab-
lishment of a national cemetery in Los An-
geles County in the State of California; to
the Committee on Veterans' Affairs.
H.R. 1133. A bill to amend section 351 of
title 38, United States Code, to enlarge the
class of persons entitled to benefits there-
under to Include veterans suffering Injurv or
death as a result of natural disaster occur-
Ing while they undergo treatment in a Vet-
erans' Administration facUlty. and the de-
pendents of such veterans; to the Committee
on Veterans' Affairs.
H.R. 1134. A bin to amend title 38 of the
United States Code to provide that any social
security benefit increases provided for hj
Public Law 92-336 be disregarded in deter-
mining ellgibUlty for pension or compensa-
tion under such title; to the Committee on
Veterans' Affairs.
H.R. 1135. A bill to extend to aU unmarried
individuals the full tax benefits of Income
splitting now enjoyed by married Individuals
flUng Joint returns; to the Committee on
Ways and Means.
H.R. 1136. A bill to amend the Federal In-/
od for assuring that social security taxes
deducted from an employee's wages are
actually forwarded to the Treasury and
credited to such employee's account; to the
Committee on Ways and Means.
H.R. 1137. A bill to amend the Social Se-
curity Act to establish a national system of
minimum retirement payments for all aged,
blind, and disabled individuals; to the Com-
mittee on Ways and Means.
H.R. 1138. A biU to amend the Social Se-
curity Act to establish a national system of
minimum retirement payments for all aged,
blind, and disabled individuals; to the Com-
mittee on Ways and Means.
H.R. 1139. A bill to require States to pass
along to public assistance recipients who are
entitled to social security benefits the full
amount of the 1972 increase in such benefits,
either by disregarding it in determining their
need for assistance or otherwise; to the Com-
mittee on Ways and Means.
H.R. 1140. A bin to amend title II of the
Social Security Act to Increase to $750 in all
cases the amount of the lump-sum death
payment thereunder; to the Committee on
Ways and Means.
H.R. 1141. A bill to amend section 592 of
the Tariff Act of 1930, and for other pur-
poses; to the Committee on Ways and Means.
H.R. 1142. A bUl to prohibit most-favored-
nation treatment and commercial and guar-
a:itee agreements with respect to any non-
market economy country which denies to
its citizens the right to emigrate or which
imposes more than nominal fees upon Its
citizens as a condition to emigration; to
the Comnnttee on Ways and Means.
H.R. 1143. A bin to establish a Transpor-
tation Trubt Fund, to encourage urban mass
transportation, and for other purposes; to
the Committee on Ways and Means.
H.R. 1144. A bUl to authorize grants to the
Deganawldah-Quetzalcoatl University; to
the Committee on Education and Labor.
By Mr. ROYBAL (for himself. Mr. An-
derson of California. Mr. Badillo,
Mr. Bell, Mr. Btjrton, Mr. Conyers,
Mr, CoRMAN, Mr. Edwards of Cali-
fornia, Mr. Hawkins, Mr. McFall,
Mr. Mitchell of Maryland, Mr.
Murphy of New York, Mr. Podell,
Social Security Act to provide that no re-
duction shall be made In the amount of any
old-age Insurance benefit to which an indi-
vidual Is entitled if such Individual has 120
quarters of coverage, and to provide that an
Individual with 120 quarters of coverage may
become entitled to medicare benefits at age
62; to the Committee on Ways and Means
ByMr. SAYLOR: • ^
H.R. 1150. A bill to repeal chapter 44 of
title 18. United States Code (relating to fire-
arms i. andjiO reenact the Federal Firearms
Act; to the Committee on the Judiciary.
H.R. 1151. A bill to amend section 118(c) of
title 28, United States Code, to establish a
place for the holding of Federal district
court In Johnstown, Pa.: to the Committee
on the Judiciary.
H.R. 1152. A bin to abolish the VS. Postal
Service, to repeal the Postal Reorganization
Act, to reenact the former provisions of title
39, United States Code, and for other pur-
poses; to the Committee on Post Office and
Civil Service.
H.R. 1153. A bill to amend tiltle 5. United
§(tates Code, to provide for tl>e mandatory
separation from Government service of all
omcers aiid employees thereof at the age cf
70 years; to the Committee on Post Office and
Civil Service.
H.R. 1151. A bill to designate the portion of
the project for flood control protection on
Chartlers Creek that is within Allegheny
Cou..ty, Pa., as the "James G. Fulton Flood
Protection Project"; to the Committee on
Public Works.
H.R. 1155. A bin to amend title 38 of the
United States Code to provide a special pen-
sion for veterans of World Wiar I and their
widows; to the Committee on Veterans'
Affairs. I
HJl. 1156. A biU to provide tjor the estab-
lishment of a national cemetery In the Com-
monwealth of Pennsylvania, and for other
purposes; to the Committee Ion Veterans'
Affairs. '
H.R. 1157. A bill to amend title 38 :.i the
United States Code to provide tha; any 5-
year level premiiun term plan policy of na-
tional service life Insurance shall be deemed
paid when premiums paid in, less dividends,
equal the amount of the policy; to the Com-
mittee on Veterans' Affairs.
66
CONGRESSIONAL RECORD — HOUSE
January 3, 1973
H.R. 1158. A bill to amend title 38 of the
United States Code to provide that any 5-
year level premium term plan policy of U.S.
Government life Insurance shall be deemed
paid when premiums paid In, less dividends,
equal the amount of the policy; to the Com-
mittee on Veterans' Affairs.
HJl. 1159. A bill to amend the Internal
Revenue Code I of 1954 to allow a deduction
for expenses Incurred by a taxpayer In mak-
ing repairs and improvements to his resi-
dence, and to allow the owner of rental
housing to amortize at an accelerated rate
th» cost of rehabilitating or restoring such
housLig; to the Committee on Ways and
Means.
H.R. 1160. A bill to extend to all unmarried
Individuals the full tax' benefits of income
splitting now enjoyed by married individuals
filing joint returns; to the Committee on
Ways and Means.
H.R. 1161. A bin to provide Incentives for
the establishment of new or expanded job-
producing Industrial and commercial estab-
lishments in rural areas: to the Committee
on Wavs and Means.
By Mr. SCHERLE:
HR. 1162. A bill to amend the Federal Meat
Inspection Act to provide for more effective
inspection of imported meat and meat prod-
ucts to prevent the Importation of diseased,
contaminated, or otherwise unwholesome
meat and meat prodvicts: to the Committee
on .Agriculture.
H R. 1163. A bill to amend the Federal Meat
Inspection Act to require that Imported meat
and meat food products made in whole or In
part of imported meat be labeled "Imported"
at all stages of distribution until delivery to
the ultimate conslimer; to the Committee on
Agriculture. a
H.R. 1164. A bUl to require the Secretary of
Agriculture to carry out a Rui^l Environ-
mental Assistance Program; to the Commit-
tee on Agriculture.
HR. 1165 A bin to amend title IV of the
Hlgh^-fiducatlon AC" of 1965 to establish a
Student Loan Marketing Association; to the
Committee on Education and Labor.
H.R. 1166. A bill to preserve and protect
the free choice of individual employees »•
form. join, or assist labor organizations, or
to refrain from such activities; to the Com-
mittee on Education and Labor.
H.R. 1167. A bill to amend the Occupational
Safety and Health Act of 1970 to exempt any
nonmanufacturing business, or any business
having 15 or less employees, in States having
laws regulating safety In such businesses,
from the Federal standards created under
such act; to the Committee in Education
and Labor.
H.R. 1168. A bill to establish an executive
department to be known as the Department
of Education, and for other purposes; to the
Committee on Government Operations.
H.R. 1169. A bill to amend the Internal
Security Act of 1950 to authorize the Federal
Government to Institute measures for the
protection of defense production and of
classlfleu information released to Industry
against acts of subversion, and for other
purposes; to the Committee In Internal Se-
curity.
H.R. 1170. A bill to amend the Communi-
cations Act of 1934 to establish orderly pro-
cedures for the consideration of applications
for renewal of broadcast licenses; to the
Committee on Interstate and Foreign Com-
merce.
H.R. 1171. A bill to amend the Federal
Food. Drug, and Cosmetic Act to revise cer-
tain requirements for approval of new animal
drugs; to the Committee on Interstate and
Foreign Commerce.
H.R. 1172. A bill to amend the Federal
Trade Commission Act (15 U.S.C. 41 et seq.)
to provide that under certain circumstances
exclusive territorial arrangements shall not
be deemed unlawful; to the Committee on
Interstate and Foreign Commerce.
H.R. 1173. A bUl to amend the Interstate
Commerce Act in order to give the Interstate
Commerce Commission additional authority
to alleviate freight car shortages, and for
other purposes; to the Committee on Inter-
state and Foreign Commerce.
H.R. 1174. A bill to make It a Federal crime
to kill or assault a fireman or law enforce-
ment officer engaged In the performance of
his duties when the offender travels in Inter-
state commerce or uses any facility of Inter-
state commerce for such purpose; to the
Committee on the Judiciary.
H.R. 1175. A bUl to amend the Internal
Revenue Code of 1954 to provide for the con-
tinuation of the investment tax credit for
small businesses, and for other purposes; to
the Committee on Wa\'s and Means.
By Mr. SCHNEEBELI (for' himself and
Mr. Gerald R. Fobd) ;
H.R. 1176. A bUl to amend the Internal
Revenue Code of 1954 to allow a credit against
the individual income tax for tuit on paid for
the elementarj' or secondary education of
dependents; to the Committee on Ways and
Means.
By Mr. SHIPLEY:
H.R. 1177. A bill to amend the Son Con-
servation and Domestic Allotment Act, as
amended, to provide for a Wabash Valley
Basin environmental conservation program;
to the Committee on Agriculture.
H.R. 1178. A bill to amend the Communica-
tions Act of 1934 to establish orderly proce-
dures for the consideration of applications
for renewal of broadcast licenses; to the Com-
mittee on Interstate and Foreign Commerce.
H.R. 1179. A bin to amend the Federal
Tirade Commission Act (15 U.S.C. 41 et seq.)
to provide that under certain circumstances
exclusive territorial arrangements shall not
be deemed unlawful; to the Committee on
Interstate and Foreign Commerce.
H.R. 1180. A bin to repeal the Gun Control
Act of 1968, to reenact the Federal Firearms
Act, to make the use of a firearm to commit
certain felonies a Federal crime where that
use violates State law. and for other pur-
poses; to the Committee on the Judiciary.
H.R. 1181. A bni to amend the Internal
Revenue Code of 1954 to allow a deduction
for Income tax purposes of expenses In-
curred by an Individual for transportation to
and from work by automobile; to the Com-
mittee on Ways and Means.
H.R. 1182. A bill to amend the Internal
Revenue Code of 1954 to provide that
amounts not In excess of $500 a year received
by volunteer firemen shall not be subject to
Income tax; to the Committee on Ways and
Means.
H.R. 1183, A bill to amend the Internal
Revenue Code of 1954 to provide that the
first 85,000 of the income of a retired teacher
shall be exempt from Income tax; to the
Committee on Ways and Means.
H.R. 1184. A bill to permit public school
teachers (and other public school employees)
who do not have coverage pursuant to State
agreement under the Federal old-age sur-
vivors, and disability Insurance system to
elect co%-erage under such system as self-
employed individuals; to the Committee on
Ways and Means.
By Mr. SMITH of Iowa (for himself and
Mr. Roe) :
H.R. 1185. A bill to amend the Packers
and Stockyards Act of 1931. as amended, to
prohibit slaughter of livestock under certain
conditions which reduce the bargaining
power of livestock producers generally and
Interfere with a free market, and for other
purposes; to the Committee on Agriculture.
H.R. 1186. A bill to authorize the establish-
ment and maintenance of, reserve supplies
of soybeans, corn, grain sorghum, barley,
oats, and wheat for national security and
to protect domestic consumers against an
Inadequate supply of such commodities; to
maintain and promote foreign trade: to
protect producers of such commodities
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
against an unfair loss of income resulting
from the establishment of a reserve supply;
to assist In marketing such commodities; to
assure the availability of commodities to
promote world peace and understanding; and
for other purposes; to the Committee on
Agrlcultu-e.
H.R. 1187. A bill to amend title 37 of the
United States Code in order to provide cer-
tain enlisted members and commissioned
officers of the Armed Forces with transpor-
tation to and from the homes of their next
of kin; to the Committee on Armed Services.
H.R. 1188. A bill to authorize loans for
study at nonprofit institutions of higher
education; to the Committee on Education
and Labor.
H.R. 1189. A bill to amend section 715 of
title 32 of the United States Code to pro-
vide that claims for damage or injury caused
by members of the Army or Air National
Guard shall be allowed under such section
notwithstanding the availability of remedies
against the States for such damage or injury;
to the Committee on the Judiciary
H.R. 1190. A bn} to amend the Internal
Revenue Code to regulate and prevent multi-
ple taxation of certain kinds of Income; to
the Committee on the Judiciary.
H.R. 1191. A bUl to require the considera-
tion of environmental and other factors, and
the stockpiling and replacement of soil on
all public works projects and highway and
other projects which are federally assisted,
on federally held land, and on projects which
affect commerce among the States, or the
general welfare and quality of life of the
Nation; to the Committee on Public Works.
By Mr. SMITH of Iowa (for himself
and Mr. Scherle) :
HJl. 1192. A bill to provide for the estab-
lishment of a veterinary biologies facility by
the U.S. Department of Agriculture, and for
other purposes; to the Committee on Agri-
culture.
By Mr. STEIGER of Arizona :
H.R. 1193. A bni to authorize the partition
of the surface rights in the joint use area of
the 1882 Executive Order Hopi Reservation
and the surface and subsurface rights in the
1934 Navajo Reservation between the Hopl
and Navajo Tribes, to provide for allotments
to certain Palute Indians, and for other pur-
poses; to the Committee on Interior and
Insular Affairs.
H-R. 1194. A bin to facilitate the Incorpora-
tion of the reclamation townslte of Page,
Ariz., Glen Canyon unit, Colorado River stor-
age project, as a municipality under the laws
of the State of Arizona, and for other piu--
poses; to the Committee on Interior and
Insular Affairs.
H.R. 1195. A bill to amend title 18 of the
United States Code to provide penalties for
fixing certain horse or dog races, and for
other purposes; to the Committee on the
Judiciary.
H.R. 1196. A bni to provide for the taxa-
tion and registration of persons engaged in
the business of conducting certain horse or
dog racing mestings, and for other purposes;
to the Committee on Ways and Means.
By Mr. STEIGER of Wisconsin (for
himself. Mr. Biester, Mr. Railsback,
and Mr. Frey) :
H.R. 1197. A bill to establish a Youth Coun-
cU in the Executive Office of the President;
to the Committee on Education and Labor.
By Mr. STEPHENS (for himself and
Mr. Landrum) :
H.R. 1 198. A bill to amend the Federal Trade
Commission Act (15 U.S.C. 41) to provide that
under certain circumstances exclusive terri-
torial arrangements shall not be deemed un-
lawful; to the Committee on Interstate and
Foreign Commerce.
By Mr. STOPCES:
H.R. 1199. A bill to amend title II of the
Social Security Act to provide that an indi-
vidual may qualify for disabUlty insurance
benefits and the disability freeze if he has
enough quarters of coverage to be fully in-
sured for old-age benefit purposes, regardless
of when such quarters were earned; to the
Committee on Ways and Means.
By Mr. STRATTON:
H.R. 1200. A bill to amend section 6(o) of
the MUltary Service Act of 1967 to exempt
from service an individual where such in-
dividual's mother's death was service con-
nected, and for other purposes; to the Com-
mittee on Armed Services.
H.R. 1201. A bill to amend section 3287
of title, United States Code, to authorize the
crediting of prior active commissioned serv-
ice in any Armed Force to officers appointed
in the Regular Army; to the Committee on
Armed Services.
By Mr. STRATTON (for himself, Mr.
Walsh) :
H.R. 1202. A bill to amend the Bank Hold-
ing Company Act Amendments of 1970 to
authorize grants to Eisenhower College. Sen-
eca Falls, N.Y.; to the Committee on Bank-
ing and Currency.
By Mr. STRATTON:
H.R. 1203. A bill to amend chapter 81 of
subpart G of title 5, United States Code, re-
lating to compensation for work Injuries,
and for other purposes; to the Committee on
Education and Labor.
H.R. 1204. A bill to expand the membership
of the Advisory Commission on Intergovern-
mental Relations to include elected school
board officials and elected town and town-
ship officials; to the Committee on Govern-
ment Operations.
H.R. 1205. A bill to amend the Commu-
nications Act of 1934 to establish orderly
procedures for the consideration of applica-
tions for renewal of broadcast licenses; to
the Committee on Interstate and Foreign
Commerce.
H.R. 1206. A bill to amend the Flammable
Fabrics Act to extend the provisions of that
act to construction materials used In the
Interiors of homes, offices, and other places
of assembly or accommodation, and to au-
thorize the establishment of toxicity stand-
ards; to the Committee on Interstate aid
Foreign Commerce.
H.R. 1207. A bill to amend the Hazardous
Materials Transportation Control Act of
1970 to require the Secretary of Transporta-
tion to Issue regulations providing for the
placarding of certain vehicles transporting
hazardous materials In interstate and foreign
commerce, and for other purposes; to the
Committee on Interstate and Foreign Com-
merce.
H.R. 1208. A bill to provide for the estab-
lishment of projects for the dental health of
children, to Increase the number of dental
auxiliaries, to increase the avallabnity of
.dental care through efficient u.se of dental
personnel, and for other purposes; to the
Committee on Interstate and Foreign Com-
msrce. y
H.R. 1209. A bni to amend the Omnibus
Crime Control and Safe Streets Act of 1968
to provide a system for the redress of law
officers grievances and to establish a law en-
forcement officers bill of rights in each of
the several States, and for other purposes;
to the Committee on the Judiciary.
H.R. 1210. A bni to provide death benefits
to survivors of certain public safety and laV
enforcement personnel, and public officials
concerned with the administration of crim-
inal Justice ayd corrections, and for other
purposes; to the Committee on the Judiciary.
H.R. 1211. A bUl to establish a National
Police Academy, and for other purposes; to
the Committee on the Judlclarv.
H.R. 1212. A bni for the relief of Soviet
Jews; to the Committee on the Judiciary.
H.R. 1213. A bill to designate the blrthdav
of Martin LutheFKlng, Jr., as a legal public
holiday; to the Committee on the Judlclarv.
H.R. 1214. A bUl to amend title 5, United
States Code, to correct certain inequities
In the crediting of National Guard techni-
cian service In connection with civil service
retirement, and for other purposes; to the
Committee on Post Office and CivU Service.
H.R. 1215. A bUl to amend title 5, United
States Code, to provide special annuities for
certain employees separated from the service
as a result of reduction In force actions,
closing or transfer of bases and other or-
ganizational units, and abolishment of posi-
tions, and for other purposes; to the Com-
mittee on Post Office and Civil Service.
H.R. 1216. A bill to abolish the Commission
for Extension of the U.S. Capitol, to repeal
the authority for the extension of the west-
central front of the U.S. Capitol, and for
other purposes; to the Committee on Public
Works.
H.R. 1217. A bUl to amend title 23 of the
United States Code to authorize construction
of exclusive or preferential bicycle lanes, and
for other purposes; to the Committee on
Public Works.
H.R. 1218. A bin to amend title HI of the
act of March 3, 1933, commonly known as
the Buy American Act, with respect to de-
termining when the cost of certain articles,
materials, or supplies is unreasonable, and
for other purposes; to the Committee on
Public Works.
JI.R. 1219. A bni to provide for the creation
of the' National Fire Academy, and for other
purposes; to -the Committee on Science and
Astronautics.
H.R. 1220. A bill to establish a National
Fire Data and Information Clearinghouse,
and for other purposes; to the Committee on
Science and Astronautics.
H.R. 1221. A bni to extend for 3 years the
authority of the Secretary of Commerce to
carry out fire research and safety programs;
to the Committee on Science and Astronau-
tics.
H.R. 1222. A bni to provide the Secretary of
Commerce with the authority to make grants
to accredited institutions of higher educa-
tion to pay for up to one-half of the costs of
fire science programs; to the Committee on
Science and Astronautics.
H.R. 1223. A bUl to provide the Secretary of
Commerce with the authority to make grants
to States, counties, and local communities to
pay for up to c^ne^lf of the costs of training
programs for firemeh; to the Committee on
Sciences and Astronaytics.
H.R. 1224 A bni to provide financial aid to
>tocal fire departments In the purchase of ad-
vanced firefighting equipment; to the Com-
mittee on Science and Astronautics.
HR. 1225. A bni to provide financial
aid for local fire departments In the pur-
chase of firefighting suits and self-con-
tained breathing apparatus; to the Com-
mittee on Science and Astronautics.
H.R. 1226. A bni to amend section 109
of title 38. United States Code, to provide
benefits for members of the Armed Forces
of nations allied with the United States
in World War I or Wgrld War H; to the
Committee on Veteran.?' Affairs.
H.R. 1227. A bill to amend title 38 of
the United States Code In order to estab-
lish a program providing 52 weeks of as-
sured employment to Vietnam era veterans
tniable to find work; to the Committee
on Veterans' Affairs,
H.R. 1228. A bUl to extend to all un-
married individuals the full tax benefits
of Income splitting now enjoyed by mar-
ried Individuals filing Joint returns; to the
Committee on Ways and Means.
H.R. 1229. A bill to amend the Internal
Reventie Code of 1954 to provide a 30-
percent credit against the Individual in-
come tax for amounts paid as tuition or
fees to certain public or private Institu-
tions of higher education; to the Com-
mittee on Ways and Means.
H.R. 1230. AbUl to amend title n of the
Social Security Act to reduce from 72 to 70
the age at which deductions on accotmt of
an Individual's outside earnings will cease to
^7
be made from benefits based on such Indl-
viduals wage record; to the Committee on
Ways and Means. i
By Mr. STUCKEY: |
H.R. 1231. A bni to provide for
llshment of residential treatment cl
emotionally disturbed chndren in
trlct of Columbia; to the Committee ofc
trlct of Columbia. j
By Mr. SYMMS: I-
H.R. 1232. A bni to permit American ci*
zens to own gold; to the Committee dn
Banking and Currency.
H.R. 1233. A bill to repeal certain provlslor
of law relating to the private carriage o^
letters, and for other purposes; to the Com-
mittee on Post Office and Civil Service.
By Mr. TEAGUE of Texas (for himself,
Mr. MosHER, and Mr. McCormack ) :
H.R. 1234. A bill to provide a national pro-
gram In order to make the International
metric system the predominant but not ex-
clusive system of measurement In the United
States and to provide for converting to the
general use of such system within 10 years;
to the Committee on Science and Astronau-
tics.
By Mrs. SULLIVAN: I
H.R. 1235. A bill to protect the public
health by amending the Federal Food. Drug,
and Cosmetic Act so as to amend certaw la-
beling provisions of the food, drug, and cos-
metic chapters to assure adequate informa-
tion for consumers. Including cautionary la-
beling of articles where needed to prevent ac-
cidental Injury; expand the coverage of the
Dclaney clause to apply to mutagenic and^^r-
atogenlc agents; eliminate the grandfather
clause for pre-1958 chemical additives used In
food; require nutritional labeling of foods;
require labeling of all ingredients in foods,
listed In order of predominance; prohibit
worthless Ingredients In special dietary
foods; authorize the establishment of stand-
ards for medical devices; require medical de-
vices to be shown safe and efficacious before
they are marketed commercially; require all
antibiotics to be certified: provide for the
certlflca3:lon of certain other drugs; require
records and reports bearing on drug safety;
limit the distribution 'Df sample drugs; re-
quire cosmetics to be shown safe before they
are marketed commercially; clarify and
strengthen existing Inspection authority;
make additional provisions of the act appli-
cable to carriers: provide for administrative
subpenas; provide for strengthening and fa-
cilitating mutual cooperation and assistance.
Including training of personnel, In the ad-
ministration of that act and of related State
and local laws; prohibit the use of carcino-
genic color additives In animal feed.^; safe-
guard the health of chndren by banning
sweetened or flavored aspirin from com-
merce: authorize a system of coding for pre-
scription drugs; establish a U.S. Drug
Compendium: provide additional authority
to Insure the wholesomeness of fish and fish-
ery products: and for other purposes; to the
Committee on Interstate and Foreign C0m-
merce. '
By Mr. THOMPSON of New Jersey (for
himself and Mr. ASHBROOK) : [
H;R. 1236. A bill to amend the National
Lab<)r Relations Act to extend Its coverage
and V protection to employees of iionprpflt
hospwns. and for other purposes; to [the
Comnvittee on Education and Labor.
By Mr. THOMSON of Wisconsin:
H.R. 1237. A bin to amend the Internal
Revenue Code of 1954 to provide that in the
case of certain corporations net losses from
farming shall not be deductible; to the Com-
mittee on Ways and Means.
Bf Mr. THONE:
H.R. 1238. A bni to amend the Occupa-
tional Safety and Health Act of 1970 to pro-
vide that where violations are corrected
within the prescribed abatement period no
penalty shall be assessed; to the Committee
on Education and Labor.
68
/
CONGRESSIONAL RECORD — HOUSE
January J, 1973
By Mr. THONE ffor himself, Mr
ARCHiai, Mr. Baker, Mr. Blackbttsn,
Mr. Broomfiixd, Mr. Broyhill of
North Carolina, Mr. Camp. Mr. Col-
lins, Mr. Fish, Mr. Ichord, Mr.
Jones of North Carolina, Mr Lors,
Mr. Mathis of Georgia, Mr. Mayne,
Mr. Michel, Mr. Mizell. Mr. Rails-
back, Mr. Rarick. Mr. Rhodes. Mr.
ScHERLE, Mr. Sebelius. Mr. Steiger
of Arizona. Mr. Ware, and Mr.
Winn) :
H.R. 1239. A bill to amend the Occupa-
tional Safety and Health Act of 1970 to pro-
vide that where violations are corrected
within the prescribed abatement period no
penalty shall be assessed: to the Committee
on Education and Labor.
By Mr. THONE :
H.R. 1240. A bill to amend the Occupational
Safety and Health Act of 1970 to require
he Secretary of Labor to recognize the dif-
ference In hazards to employees between
the heavy construction industry and the
light residential construction Industry; to
the Committee on Education and Labor.
By Mr. THONE 'for himfelf. Mr. An-
derson of Illinois, Mr. Archer, Mr.
I Baker. Mr. Blackbckn. Mr. Broom-
field, Mr. Broyhill of Virginia, Mr.
Buchanan, Mr. Collins, Mr. Ed-
v.'ARDs of Alabama. ^Tr. Flowers, Mr.
Ichord, Mr. Jones of North Caro-
lina. Mr. LoTT, Mr. Mann, Mr.
Mathis of Georgia, Mr. Mizell, Mr.
McCLORY. Mr. Railsback. Mr.
Rarick, Mr. Rhodes, Mr. Scheri^,
Mr. Steiger of Arizona, and Mr.
Ware) :
H.R. 1241. A bill to amend the Occupational
iaiety and Health Act of 1970 to require the
Secretary of Labor to recognize the di.Ter-
;nce in hazards to employees between the
leavy construction Industry and the light
•esidential construction Industry; to the
;;omml:tee on Education and Labor.
By Mr. THONE I for himself. Mr. Sebel-
ius. and Mr. Bob Wilson) :
H.R. 1242. A bill to amend the Occupa-
;lonal Safety and Health 4ct of 1970 to re-
;iulre the Secretary of Labdl- to recognize the
llfference in hazards to employees between
:he heavy construction Industry and the
ight residential construction industry; to
he Committee on Education and Labor.
Br Mr TIERNAN:
H.R. 1243. A bin to amend title 5, United
States Code, to correct certain Inequities in
the crediting of National Guard technician
service in connection with civil ^rvlce re-
tirement, and for other purposes; to the Com-
mittee on Post Office and Civil Service.
H.R. 1244. A bill to suspend for a 3-year
period the duty on fair stained and better
India ruby mica films first or second quality;
to the Committee on Ways and Means.
Bv Mr. UDALL:
H.R. 1245. A bill to regulate State presi-
dential primary elections: to the Committee
on House Administration.
H.R. 1246. A bill to designate as wilderness
certain lands within the Chiricahua National
Monument in the State of .' rlzona; to the
Committee on Interior and Insular Affairs.
H.R. 1247. A bill to amend the National
Environmental Policy Act of 1969 to provide
for citizens' suits and class actions in the
U.S. district courts against persons respon-
sible for creating certain environmental
hazards; to the Committee on Merchant
Marine and Fisheries.
H R. 1248. A bill to amend title 39. United
States Code, with respect to the financing
of the cost of mailing certain matter free of
postage or at reduced rates of postage, and
for other purposes; to the Committee on Post
Office and Civil Service.
ByMr. ULLMAN;
H.R. 1249. A bill to authorize the Secretary
of Agriculture to reimburse cooperators for
work performed which benefits Forest Service
programs; to the Committee on Agriculture.
H.R. 1250. A bill to afford the people of
the United States a sufficient time to vote
In presidential elections; to the Committee
on House Administration.
H.R. 1251. A bill to authorize the en-
rollment of qualified Klamath minors In
Bureau of Indian Affairs residential schools,
and for other purposes: to the Committee
on Interior and Insular Affairs.
H.R. 1252. A bill to authorize the Sec-
retary of the Interior to establish the John
Day Fossil Beds National Monument In the
State of Oregon, and for other purposes;
to the Committee on Interior and Insular
Affairs.
H.R. 1253. A bin to amend the National
Traffic and Motor Vehicle Safety Act of 1966
to require the establishment of standards
related to rear-mounted lighting systems;
to the Committee on Interstate and For-
eign Commerce. ^
H.R. 1254. A bill to modify ammunition
recordkeeping requirements; to the Com-
mittee on Ways and Means.
H.R. 1255. A bill to amend the Internal
Revenue Code of 1954 to allow Federal in-
come tax returns to be inspected by a com-
mon tax auditing agent utilized by the
States; to the Committee on Ways and
Means.
H.R. 1256. A bill to amend section 5042 (a)
(2) of the Internal Revenue Code of 1954 to
permit individuals who are not heads of
families to produce wine for personal con-
sumption: to the Committee on Ways and
Means.
HJl. 1257. A bill to suspend for a tempo-
rary period the import duty on tungsten ore
and other materials In cWfef value of tung-
sten; to the Committee on Ways and- Means.
By Mr. VAN DEERLIN (for himself and
Mr. Conte) :
HJl. 1258. A bill for the establishment of a
Council on Energy Policy: to the Committee
on Interstate and Foreign Commerce.
By Mr. VEYSEY:
H.R. 1259. A bill to provide for the issuance
of $2 bills bearing the portrait of Susan B.
Anthony; to the Committee on Banking and
Currency.
H.R. 1260. A bin to amend the Federal
Food, Drug, and Cosmetic Act to revise cer-
tain requirements for approval of new ani-
mal drugs; to the Committee on Interstate
and Foreign Commerce.
H.R. 1261. A bill to amend the Internal
Revenue Code of 1954 to provide that blood
donations sliall be considered as charttable
contributions ^deductible from gross Income;
to the Committee on Ways and Means.
ByMr. WALDIE:
H.R. 1262. A bni to provide Increase In
certain annuities payable under chapter 83
of title 5, United States Code, and for other
purposes; to the Committee on Post Office
and ClvU Service.
By Mr. WALDIE (for himself. Mr.
BtTRTON, Mr. Edwards of California,
Mr. Dellums, Mr. Leggett, Mr.
Hawkins, Mr. Corman. Mr. Van
Deerlin, Mr. Stark, Mr. Eraser, Mr.
, Ryan, Mr. Roybal, Mr. Anderson
of California, Mr. Koch, Mr. Mc-
Closkey. and Mr. Rees) :
H.R. 1263. A bill to protect confidential
sources of the news media: to the Committee
on the Judiciary.
By Mr. WHITEHURST:
H.R. 1264. A bill to amend the Federal law
relating to the care and treatment of ani-
mals to broaden the categories of persons
regulated ur.der such law. to assure that
birds in pet stores and zoos are protected,
and to increase protection for animals In
transit; to the Committee on Agriculture.
H.R. 1265. A bill to amend title 10. United
States Code, to permit the recomputatlon
of retired pay of certain members and for-
mer members of the Armed Forces; to the
Committee on Armed Services.
H.R. 1266. A bUl to provide assistance in
improving zoos and aquariums by creating
a National Zoological and Aquarium Cor-
poration, and for qther purposes; to the Com-
mittee on House Administration.
H.R. 1267. A bill to amend the Horse
Protection Act of 1970, to provide for crim-
inal sanctions for any person who inter-
feres with any person while engaged in the
performance of his official duties under this
act, and to change the authorization of ap-
propriations; to the Committee on Inter-
state and Foreign Commerce.
H.R. 1268. A bin to amend the Public
Health Service Act to provide medical care
for certain retired merchant seamen, and
for other purposes; to the Committee on
Interstate and Foreign Commerce.
H.R. 1269. A bUl to amend titles 39 and 18,
Unliied States Code, to prevent a seller or
publisher from mailing goods, materials,
or publications (or a bill therefor) to any
individual pursuant to a purchase order or
subscription bearing such individual's name
without first confirming that such Individual
in fact sent the order or subscription; to
the Committee on the Judiciary.
H.R. 1270. A bill to require the Secretary
of tbe Interior to make a comprehensive
study of the dolphin and porpoise for the
purpose of developing adequate conservation
measures; to the Committee on Merchant
Marine and Fisheries.
H.R. 1271. A bill to require the Secretary
of the Interior to make a comprehensive
study of the wolf for the purpose of develop-
ing adequate conservation measures; to the
Committee on Merchant Marine and Fish-
eries.
H.R. 1272. A bill to create a fund in the
Treasury of the United States to be known
as the Fund for Endangered Wildlife, to be
admlntsiered by the Department of Interior,
and for other purposes; to the Committee
on Merchant Marine and Fisheries.
H.R. 1273. A bni to amend the Internal
Revenue Code of 1954 to allow deductions for
personal savings for retirement; to the
Committee on Ways and Means.
HJl. 1274. A bill to am«^d the Internal
Revenue Code of 1954 to provide that the first
S5,000 received as civil service retirement an-
nuity from the United States or any agency
thereof shall be excluded from gross income;
to the Committee on Ways and Means.
By Mr. WRITTEN:
H.R. 1275. A bill to abolish the U.S. Postal
Service, to repeal the Postal Reorganization
Act, to reenact the former provisions of title
39, United States Code, and for other pur-
poses; to the Committee on Post Office and
CivU Service.
H.R. 1276. A bUl to provide for determina-
tion through Judicial proceedings of claims
for compensation on account of disability or
death resulting from disease or Injury in-
curred or aggravated in line of duty while
serving in the active military or naval serv-
ice. Including those who served during peace-
time, and for other purposes: to the Com-
mittee on Veterans' Affairs.
H.R. 1277. A bill to amend the Internal
Revenue Code to remove the limitations on
the amount of medical and dental expenses
which may be deducted, to permit taxpayers
to deduct such expenses, to arrive at their
adjusted gross income, and for other pur-
poses: to the Committee on Ways and Means.
H.R. 1278. A bill to amend the Internal
Revenue Code of 1954 to allow a taxpayer a
deduction from gross Income for tuition and
other educational expenses paid by him,
whether for his own education or for the
e( uchilon of his spouse or a dependent or any
other individual; to the Committee on Ways
and Means.
By Mr. CHARLES H. WILSON of Cali-
fornia :
H.R. 1279. A bill to amend title 5, United
States Code, to provide that individuals be
apprised of records concerning them which
are maintained by Government agencies; to
the Committee on Government Operations.
H.R. 1280. A bUl to amend the Federal Avia-
tion Act of 1958 In order to provide for more
January 3, 1978
CONGRESSIONAL RECORD — HOUSE
(
^
effective control of aircraft noise; to the
Committee on Interstate and Foreign Com-
merce.
H.R. 1281. A bill to amend title 5, United
States Code, to protect civnian employees of
the executive branch of the U.S. Government
in the enjoyment of their constitutional
rights, to prevent unwarranted governmental
Invasions of their privacy, and for other
purposes: to the Committee on Post Office
and Civil Service.
H.R. 1282. A bUl to amend the Postal Re-
organization Act of 1970. title 39, United
States Code, to eliminate certain restrictions
on the rights of officers and employees of the
Postal Service, and for other purposes: to
the Committee on Post Office and Civn
Service.
H.R. 1283. A bm to amend title 39. United
States Code, to provide for the-^jnallinl of
letter mall to Senators and Representatives
In Congress at no cost to the sender, and for
other purposes; to the Committee on Post
Office and Civil Service.
H.R. 1284. A bUl to amend title 5, United
States Code, to improve the administration
of the leave system for Federal employees;
to the Committee on Post Office and Civil
Service.
H.R. 12R5. A bill to revise the pay structure
of the police forces of the Washington Na-
tional Airport and Dulles International Air-
port, and for other purpo-ses: to the Commit-
tee on Post Office and Civil Service.
H.R. 1286. A bin to amend title 5. United
States Code, to revise the pay structure for
nonsupervlsory positions of deputy U.S. mar-
shal, and for other purposes: to the Commit-
tee on Post Office and Civil Service.
H.R. 1287. A bin to authorize the National
Science Foundation to conduct research and
educational programs to prepare the country
for conversion from defense to civilian, so-
cially oriented research and development ac-
tivities, and for other purposes; to the Com-
mittee on Science and Astronautics.
By Mr. WRIGHT (for himself, Mr. Rob-
erts. Mr. Kazen, Mr. Milford. Mr.
Brooks. Mr. Eckhardt, Mr. Young
of Texas, Mr. Charles Wilson of
Texas, Miss JonDAN. Mr. Gonzalez,
Mr. White, Mr. Fisher, Mr. Patman,
Mr. Teague of Texas. Mr. Burleson
of Texas, Mr. Poage, Mr. Casey of
. Texas, Mr. Pickle. Mr. Price of
Texas, Mr. Arched. Mr. Mahon, and
Mr. Sti^elman) :
H.R. 1288. A bill concerning the allocation
of water pollution control funds among the
States In fiscal 1973 and fiscal 1974; to the
Committee on Public Works.
By Mr. WYDLER:
H.R. 1289. A bin to provide more effective
means for protecting the public Interest in
national emergency disputes involving the
transportation industry, and for "otlier pur-
poses; to the Committee on Interstate and
Foreign Commerce.
By Mr. YOUNG of Florida:
H.R. 1290. A bill to amend the Occupational
Safety and Health Act of 1970 to require the
Secretary of Labor to recognize the difference
In hazards to employees between the heavy
construction industry and the light residen-
tial construction Industry; to the Committee
on Education and Labor.
H.R. 1291. A bill to require public disclosure
by certain recipients of Federal funds of In-
formation required to be kept by such re-
cipients as a condition of receiving such
funds; to the Committee on Government
Operations.
H.R. 1292. A bill to require candidates for
Federal elective office to resign any elective
public office the term of which ends after the
beginning of the term of such Federal office
before filing in the general election for such
Federal office: to the Committee on House
Administration.
HR. 1293. A bUl to prohibit commercial
'lights by supersonic aircraft Into or over the
United States untU certain findings are made
by the Administrator of the Environmental
Protection Agency and by the Secretary of
Transportation, and for other purposes; to
the Committee on Interstate and Foreign
Commerce.
H.R. 1294. A bill to amend the Communica-
tions Act of 1934 to establish orderly proce-
dures for the consideration of applications
for renewal of broadcast licenses, and for
other purposes; to the Committee on Inter-
state and Foreign Commerce.
H.R. 1295. A bill to amend the Federal Food,
Drug, and Cosmetic Act to include a defini-
tion of food supplements, and for other pur-
poses; to the Committee on Interstate and
Foreign Commerce.
H.R. 1296. A bill to amend the Railroad
Retirement Act of 1937 to provide for cost-of-
living increases in the benefits payable there-
under: to the Committee on Interstate and
Foreign Commerce.
H.R. 1297. A bUl to provide a penalty for
unlawful assault upon policemen, firemen,
and other law enforcement personnel, and for
other purposes; to the Committee on the
Judiciary.
H.R. 1298. A bin to amend section 700 of
tUIe 18. United States Code, relating to des-
ecration of the flag of the United States; to
thte Committee on the Judiciary.
H.R. 1299. A bUl to make displaying the flag
of certain hostile countries treasonable; to
the Committee on the Judiciary.
H.R. 1300. A bin to make Flag Day a legal
public holiday; to the Committee on th£
Judiciary.
H.R. 1301. A bin for the relief of certain
cities, counties, and government agencies
of the State of Florida to compensate them
for costs m connection with a "red tide" oc-
curance: to the Committee on the Judiciary.
H.R. 1302. A bill to amend title 39, United
States Code, to restrict the mailing of chain
letters containing statements implying or
predicting harm or misfortune to recipients
faUing to transmit the letters or copies there-
of according to instructions therein, and for
other purposes: to the Committee on Post
Office and Civil Service.
H.R. 1303. A bill to provide that meetings
of Government agencies and of congressional
committees shall be open to the public, and
for other purposes: to the Cortimlttee on
Rules.
H.R. 1304. A bill to provide for national
cemeteres In the central west coast area
of the State of Florida; to the Committee on
Veterans' Affairs.
H.R. 1305. A bni to amend chapter 15 of
title 38. United States Code, to provide for the
payment of pensions to World War I veterans
and their widows, subject to $3,000 and $4,200
annual Income limitations; to provide for
such veterans a certain priority in entitle-
ment to hospitalization and medical care;
and for other purposes; to the Committee on
Veterans' Affairs.
H.R. 1306. A bin to amend title 38 of the
United States Code to provide that one-half
of any socIpI security benefit Increases pro-
vided for by Public I^w 92-336 be disregarded
In determining eligibility for pension or ccto-
pensatlon under such title: to the Committee
on Veterans' Affairs.
H.R. 1307. A bin to extend to all unmarried
individuals the full tax benefits of Income
splitting now enjoyed by married Individuals
filing joint returns: and to remove rate in-
equities for married persons where both are
employed; to the Committee on Ways and
Means.
By Mr. YOUNG of Florida (for himself,
Mr. Baker. Mr. Broomfield, Mr.
Chappell, Mr. Frey, Mr. Gibbons.
Mr. Ktros, Mr. Mann. Mr. Mitchell
of Maryland, Mr. Mizell, Mr. Moor-
head of Pennsylvania. Mr. Rancel.
Mr. Robinson of Virginia, Mr. Ros-
enthal, Mr. Sandman, and Mr.
SiKEs) :
H.R. 1308. A bni to amend the Communica-
tions Act of 1934 to direct the Federal
Commimlcatlons Commission to require the
establishment nationally of an emergency
telephone call referral system using the tele-
phone number 91 1 for such calls; to the Com-
mittee on Interstate and Foreign Commerce.
y By Mr. YOUNG of Florida (for himself,
V "Mr. Frenzel, Mr. Edwards of Call-
l fornla, Mr. Esch, Mr. Gibbons, M^rs.
Grasso, Mr. Harrington, Mr. Hech-
LER of West Virginia, Mr. Hillis, Mr.
Hogaii. Mr. Keating, Mr. Kemp. Mr.
Leggett, and Mr. Mitchell of
Mdryland) :
H.R. 1309. A bill to require the Secretarv
of Transportation to prescribe regulations
requiring fcertain modes of public transporta-
tion In Interstate commerce to reserve soqie
seating capacity for passengers who do not
smoke; to the Committee on Interstate ahd
Foreign Commerce. 1
By Mr. ZWACH (for himself, Mr. N^l-
sen, Mr. Frenzel, and Mr. Quie) :
H.R. 1310. A bill to further reduce Federal
control of assets of rural rehabilitation cor-
porations; to the Committee on Agriculture.
By Mr. ZABl.OCKI (for himself, Mr.
Hays, Mr. Nix, Mr. Fountain. Mr.
Eraser. Mr. Thomson of Wisconsin.
Mr. Broomfield. Mr. Findley. Mr.
Mr. Fascell, Mr. Gibbons, Mr. Hou-
field, and Mr. Pepper) : i
H.J. Res. 2. Joint resolution concerning
the war powers of Congress and the Presi-
dent; to the Committee on Foreign Affairs.
By Mr. ULLMAN: ]
H.J. Res. 3. Joint resolution proposing an
amendment to the Constitution of the United
States regarding the election of the President
and Vice President and the nomination of
candidates for the Presidency; to the Com-
mittee on the Judiciary. '
By Mrs. SULUVAN: !
H.J. Res. 4. Joint resolution to authorlie
the President to proclaim the fourth Sunday
in November in each year as "John Fiti-
gerald Kennedy Day"; to the Committee
the Judiciary.
By Mr. DULSKI:
H.J. Res. 5. Joint resolution requesting tike
President to issue a proclamation designating
the week of April 23, 1973. as "Nicolaus
Copernicus Week" marking the qulnque-
centennlal of his birth; to the Committee cm
the Judiciarv.
By Mr. ARCHER: j
H.J. Res. 6. Joint resolution proposing ain
amendment to the Constitution of the United
States relative to neighborhood schools; to
the Committee on the Judiciary.
H.J. Res. 7. Joint resolution proposing an
amendment to the Constitution of the
United States requiring the submission of
balanced Federal funds budgets by the Presi-
dent and action by the Congress to provide
revenues to offset Federal funds deficits: to
the Commitjtee on the Judiciary.
By Mr. BINGHAM :
H.J. Res. 8. Joint resolution relating to sud-
den Infant death syndrome; to the Commit-
tee on Interstate and Foreign Commerce.
By Mr. KASTENMEIER:
H.J. Res. 9. Joint resolution proposing an
amendment to the Constlutlon of the United
States relating to the election of the Presi-
dent and Vice President: to the Committee
on the Judiciary.
By Mr. BENNETT:
H.J. Res. 10. Joint resolution designating
the third week of April of each year as "Earth'
Week"; to the Committee on the Judiciarv-. I
H.J. Res. 11. Joint resolution proposing an
amendment to the Constitution of tht
United States allowing an item veto in approl-
prlatlons; to the Committee on the Judlclarj.
H.J. Res. 12. Joint resolution to establish ii
Court of Ethics to hear complaints of un-
ethical conduct In Government service; t^)
the Committee on the Judiciary.
H.J. Res. 13. Joint resolution praposing an
amendment to the Constitution to provide
for the direct election of the President and
the Vice President and to authorize Congress
to establish procedures relating to the nom}
T
70
CONGRESSIONAL RECORD — HOUSE
January 3, 1973
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
nation of presidential and vlce-presldentlal
candidates; to the Committee on the Judl-
clarv.
H J. Res. 14. ^oint resolution to establlsn
a Joint Committee on the Environment; to
the Committee on Rules.
H.J Res. 15. Joint resolution to authorize
the esrabllshment of a Joint Committee on
Peace; lo the Committee on Rules.
Bv Mr. BEVILL:
H J Res. 16. Joint resolution proposing an
amendment to the Constitution of the United
States r^atlng to the busing or Involuntary
Eisslgnment of students; to the Committee
on the Judlclarv.
Bv Mr. CEDERBERG:
H.J. Res. 17. Joint resolution proposing an
amendment to the Constitution of the
United States; to the Committee on the
Judiciary.
BvMr. CHAPPELL:
H.J. Res. 18. Joint resolution to amend title
5 of the United States Code to provide for
the designation of the 11th day of November
of each year as Veterans Day; to the Com-
mittee on the Judiciary.
H.J. Res. 19. Joint resolution proposing
an amendment to the Constitution of the
United States with respect to compelling
acts on the basis of race, creed, color, or
national origin; to the Committee on the
Jijfliclary. -
Bv Mr. DOMINICK V. DANIELS:
H.J. Res. 20. Joint resolution to authorize
and request the President to issue annually
a proclamation designating the second Sun-
day of October of each year as "National
Older Americans' Day"; to the Committee on
the Judiciary.
By Mr. DANIELSON:
H.J. Res. 21. Joint resolution relating to
the war power of Congress; to the Committee
on Foreign Affairs.
Bv Mr. DERWINSKI:
H.J. Res. 22. Joint resolution proposing an
amendment to the Constitution of the United
States providing for the election of the
President and Vice President; to the Com-
mittee on the Judiciary.
By Mr. RARICK (for himself and
Mr. RoussELOT) ;
H J. Res. 23. Joint resolution proposing an
amendment to the Constitution of the United
States relative to abolishing personal In-
come, estate, and gift taxes and prohibit-
ing the U.S. Government from engaging in
business In compeiition with Its citizens;
to the Committee on the Judiciary.
By Mr. DAVIS of Georgia:
H J. Res. 24. Joint resolution designation
of third week of April of each year as "Earth
Week"; to the Committee on the Judiciary.
H.J. Res. 25. Joint resolution to establish
a Joint Committee on the Environment; to
the Committee on Rules.
By Mr. BROYHILL of Virginia:
H.J. Res. 26. Joint resolution to adopt a
specific version of the Star-Spangled Banner
as the national anthem of the United States
of America; to the Committee on the Judi-
ciary-. ^
By Mr. EDWARDS of Alabama:
H.J. Res. 27. Joint resolution proposing an
amendment to the Constitution of the United
States with respect to the offering of prayer
In public buildings; to the Committee on the
Judiciary.
By Mr FLYNT:
H.J. Kes 28. Joint resolution proposing an
amendment to the Constitution of the
United States to permit voluntary participa-
tion In prayer In public schools; to the Com-
mittee on the Judiciary.
H.J. Res. 29. Joint resolution proposing an
amendment to the Constitution of the
United States relating to powers reserved to
the several States: to the Committee on the
Judlclarv
ByMr.FUQUA:
H J. Res. 30. Joint resolution proposing an
amendment to the Constitution of the
United States relative to neighborhood
schools; to the Committee on the Judiciary.
H.J. Res. 31. Joint resolution proposing an
amendment to the Constitution to pro-
vide for the direct election of the President
and the Vice President; to the Committee on •
the Judiciary.
H.J. Res. 32. Joint resolution proposing
an amendment to the Constitution of the
United States; to the Committee on the
Judlclarv.
H.J. Res. 33. Joint resolution proposing
an amendment to the Constitution of the
United States with respect to tenure of office
for Judges of the Supreme Court and Inferior
coiu-ts of the United States; to the Commit-
tee on the Judiciary.
By Mr. GREEN of Pennsylvania:
H.J. Res. 34. Joint resolution expressing
the sense of the Congress with respect to the
foreign economic policy of the United States
In connection wl,th Its relations with the
Soviet Union and any other country which
uses arbitrary and discriminatory methods to
limit the right of emigration, and for other
purposes; to the Committee on Foreign
Affairs.
By Mr. HECHLER of West Virginia :
H.J. Res. 35. Joint resolution proposing
an amendment to the Constitution of the
United States with respect to the attendance
of Senators and Representatives at sessions
of the Congress; to the Committee on the
Judiciary.
H.J. Res. 36. Joint resolution to prevent
surface mining operations on public lands,
and deep mining In National Forests; to the
Committee on Interior and Insular Affairs.
By Mr. MAILLIARD:
H.J. Res. 37. Joint resolution proposing an
amendment to the Constitution of the
United States relating to the election of the
President and Vice President; to the Com-
mittee on the Judiciary.
By Mr. MILFORD:
H.J. Res. 38. Joint resolution proposing an
amendment to the Constitution of the
United States relating to the busing or In-
voluntary assignment of students; to the
Committee on the Judiciary.
By Mr. MURPHY o£ New York:
H.J. Res. 39. Joint resolution to direct the
Federal Communications Commission to con-
duct a comprehensive study and investiga-
tion of the effects of the display of violence
in television programs, and for other piir-
poses; to the Committee on Interstate and
Foreign Commerce.
H.J. Res. 40. Joint resolution to stispend
temporarily the authority of the Interstate
Commerce Commission to permit the aban-
donment of a line of railroad or the oper-
ation thereof; to the Committee on Inter-
state and Foreign Commerce.
H.J. Res. 41. Joint resolution to provide for
the issuance of a commemorative postage
stamp in honor of Robert Francis Kennedy;
to the Commission on Post Office and Civil
Service.
H.J. Res. 42. Joint resolution to provide for
amendment to the Constitution of the United
States with respect to the offering of prayer
in public buildings; to the Committee on the
Judiciary.
By Mr. ROE:
H.J. Res. 47. Joint resolution designation
of third week of AprU of each year as "Earth
Week"; to the Committee on the Judiciary.
H.J. Res. 48. Joint resolution to express the
sense of Congress that a White House Con-
ference on the Handicapped be called by the
President of the United States; to the Com-
mittee on Education and Labor.
By Mr. ROYBAL:
H.J. Res. 49. Joint resolution relating to the
publication of economic and social statistics
for Spanish-speaking Americans; to the Com-
mittee on Post Office and Civil Service.
By Mr. ECKHARDT (for himself, Mr,
Dent, Mr. Harrington, Mr. Edwards
of California, Mr. Kastenmeier, Mr,
Helstoski, Mr. Carney of Ohio, Mr.
Mitchell of Maryland, Mr. Gon-
zalez, Mr. Howard, Mr. Dingell, Mr,
Rosenthal, Mr. Tiernan, Mr. Van
Deerlin, Mr. Bingham, Mr. Eilberg,
Mr. Conyers, Mr. Moss, Mr. Kysos,
Mr. Podell, Mr. Brown of California,
Mr. Corman, Ms. Abzug. Mrs. Mink,
and Mr. Hechler of West Virginia) :
H.J. Res. 50. Joint resolution to provide for
the continued operation of the transportation
properties owned or operated by Penn Central
Transportation Co., to protect the security
interest of the United States in such prop-
erties and to provide for the payment of Just
and reasonable compensation therefor; to the
Committee on Interstate and Foreign Com-
merce.
By Ms. ABZUG:
H.J. Res. 51. Joint resolution repealing the
Military Selective Service Act of 1967; to the
Committee en Armed Services.
By Ms. ABZUG (for herself, Mr. Badil-
Lo, Mr. Bingham, Mr. Conte, Mr,
CONYERS, Mr. CORMAN, MT. GIBBONS,
Mr. Harrington, Mr. Koch, Mr. Po-
dell, Mr. RiECLE, and Mr. Rosen-
thal) : \
H.J. Res. 52. Joint resolution designating
August 26 of each year as "Women's Equality
Day"; to the Committee on the Judiciary.
By Mr. ANNUNZIO:
H.J. Res. 53. Joint resolution recognizing
the State of Illinois and the- city of Chicago
as hosts in 1992 of the official qulncentennlal
celebration of the discovery of America; to
the Committee on the Judiciary.
By Mr. ASHBROOK:
H.J. Res. 54. Joint resolution proposing an
amendment to the Constitution of the United
States; to the Committee on the Judiciary.
.H.J. Res. 55. Joint resolution proposing an
amendment to the Constitution of the Unit-
ed States relative to freedom from forced as-
signment to schools or Jobs because of race.
creed, or color; to the Committee on the
Judiciary.
H.J Res. 56. Joint resolution proposing an
.amendment to the Constitution to permit
the issuance of a commemorative postage J the Imposition and carrying Out of the deatn
- - .__ *T I. *^ 4.1***^ 1*.. I« ...»««.n1n f^acac tn tViO r^nTTimlttee
stamp In honor of Amerigo Vespucci; to the
Committee on Post Office and Civil Service.
By Mr. PRICE of Texas:
H.J. Res. 43. Joint resolutloif* proposing
an amendment to the Constitution of the
United States limiting the power of Con-
gress with respect to deficit spending; to the
Committee on the Judiciary.
H.J. Res. 44. Joint resolution proposing
an amendment to the Constitution of the
United States with respect to the attendance
of Senators and Representatives at sessions
of the Congress; to the Committee on the
Judiciary.
H.J. Res. 45. Joint resolution to amend
title 5 of the United States Code to provide
for the designation of the 11th day of No-
vemOer of each year as Veterans Day; to the
Committee on the Judiciary.
H.J. Res. 46. Joint resolution proposing an
penalty In certain cases; tO; the Committee
on the Judiciary.
Bv Mr. BAPALIS: I
H.J. Res. 57. Joint resolution; Constitu-
tional amendment to preserve the concept
of neighborhood schools; to the Committee
on the Judiciary.
Bv Mr. BAKER:
H.J. Res 58. Joint resolution proposmg an
amendment to the Constitution of the Unit-
ed States; to the Committee on the Judi-
ciary.
H.J. Res. 59. Joint resolution providing inr
the designation of the first week of October
of each year as "National Gospel Music
Week"; to the Committee on the Judiciary.
By Mr. BENNETT:
H J. Res. 60. Joint resolution proposing an
amendment to the Constitution of the
United States to provide that appointments
of Supreme Court and other Federal Judges
be required to be reconfirmed every 6 years,
to require 5 years' prior Judicial experience
as a qualification for appointment to the Su-
preme Court, and to require retirement of
Federal Judges at the age of 70 years- to the
Committee on the Judiciary.
H.J. Res. 61. Joint resolution proposing
an amendment to the Constitution of the
United States to prohibit compelling attend-
ance In schools other than the one nearest
the residence and to Insure equal eauca-
tlonal opportunities for all students wher-
ever located: to the Committee on the Ju-
diciary.
H.J. Res. 62. Joint resolution to provide for
the designation of June Z a: "National Na-vy
Wives Clubs of America Day"; to the Com-
mittee on the Judiciary.
By Mr. CARNEY of Ohio:
H.J. Res. 63. Joint resolution proposing
an amendment to the Constitution of the
United States to abol:sh the electoral college
and to provide for the popular election of
the President and Vice President; to the
Committee on the Judiciary.
H.J. Res. 64. Joint resolution providing for
the designation of January 1, 1974, as a "Day
of Peace"; to the Commlttee'on the Judici-
ary.
By Mr. CHAMBERLAIN:
H.J. Res. 65. Joint resolution designating
the -American rose as the national floral em-
blem of the United States; to the Committee
on House Administration.
H.J. Res. 66. Joint resolution proposing an
amendment to the Constitution of the United
States relating to the nomination of indi-
viduals for election to the offices of the Presi-
dent and Vice President of the United States;
to the Committee on the Judiciary.
H.J. Res. 67. Joint resolution proposing an
amendment to the Constitution of the United
States: to the Committee on the Judiciary.
H.J. Res. 68. Joint resolution to amend the
Pledge of Allegiance to the flag of the United
States of America; to the Committee on the
Judiciary.
H.J. Res. 69. Joint resolution proposing an
amendment to the Constitution relating to
terms of Judges of the Supreme Court of the
United States; to the Conimlttee on the
Judiciary. ^
H.J. Res. 70. Joint resolution proposing an
amendment to the Constitution of the United
States relating to the assignment and trans-
portation of pupils to public schools; to the
Committee on the Judiciary.
By Mr. CHAPPELL "(for himself. Mr.
Burton, Mr. Roybal, Mr. Rarick,
Mr. Haley, Mr. Clark, Mr. Flowers,
Mr. Denholm, Mr. Henderson, Mr.
SiKES, Mr. W. C. (Dan) Daniel, Mr.
Brasco, Mr. Stephens, Mr. Edwards
of Alabama, Mr. Dulski, Mr. Riegle,
Mr. Leggett. Mr. Symington, Mr.
Danielson, Mr. Nichols, Mr. Ma2-
zoLi. Mrs. Hansen of Washington,
Mr. Edwards of California, Mr. Alex-
ander, and Mr. SeiberlingI :
H.J. Res. 71. Joint resollitlon relating to the
war power of Congress; to the Committee on
Foreign Affairs.
By Mr. CHAPPELL (for himself. Mr.
Yatron, Mr. Fish, Mr. Fountain.
Mr Rees, Mr. Mann, Mr. Hastings,
and Mr. Bevild :
H.J. Res. 72. Joint resolution relating to the
war power of Congress: to the Committee on
Foreign Affairs. •
By Mr. CONTE (for himself, Mr. Badil-
lo, Mr. Brasco, Mr. Harrington. Mr.
Hastings. Mr. McDade. Mr. Mazzoli.
Mr. Nrx, Mr. Rangel. Mr. Rosenthal.
Mr. Tiernan, Mr. Ware, and Mr.
• Wyatt) :
H.J. Res. 73. Joint resolution proposing an
amendment to the Constitution of the United
States relating to the nomination of indi-
viduals for election to the offices of the Presi-
dent and Vice President of the United States;
to the Committee on the Judiciary.
By Mr. CONTE (for himself, Mr. An-
derson of Illinois, Mr. Brasco, Mr.
Clark, Mr. Conyers. Mr. Danielson,
Mr. Dulski, Mr. Eilberg, Mr. Eshle-
MAN, Mr. Fish, Mr. Gude, Mr. Hamil-
ton, Mr. Hansen of Idaho, Mr. Har-
rington, Mr. Hastings, Mr. Hungate,
Mr. Jarman, Mr. Leggett, and Mr.
McCloskey) :
H.J. Res. 74. Joint resolution proposing an
amendment to the Constitution to provide
for the direct popular election of the Presi-
dent and Vice President of the United States;
to the Committee on the Judiciary.
By Mr. CONTE (for himself, Mr. Mc-
Dade, Mr. Mazzoli, Mr. Meeds, Mr.
Mollohan. Mr. Nix, Mr. Obey, Mr.
Podell. Mr. Railsback, Mr. Rees,
\ Mr. Reuss, Mr. Robison of New York,
Mr. Stokes. Mr. Studds, Mr. Ware,
Mr. Whitehurst. and Mr. Yatron) :
H.J. Res. 75. Joint resolution proposing an
amendment to the Constitution to provide
for the direct popular election of the Presi-
dent and Vice President of the United
States; to the Committee on the Judiciary.
By Mr. de la Garza:
H.J. Res. 76. Joint resolution proposing an
amendment to the Constitution of the United
States to provide an age limit and a single
6-year term for the President; to the Com-
mittee on the Judiciary.
H.J. Res. 77. Joint resolution proposing an
amendment to the Constitution of the United
States to provide that appropriations shall
not exceed revenues of the United States,
except In time of war or national emer-
gency;" to the Committee on the Judiciary.
By Mr. DELLENBACK:
H.J. Res. 78. Joint resolution proposing an
amendment to the Constitution of the United
States with respect to the election of the
President and Vice President; to the Com-
mittee on the Judiciary.
H.J. Res. 79. Joint resolution to amend
the Constitution to provide for representa-
tion of the District of Columbia In the House
of Representatives to which the District
would be entitled If It were a State; to the
Committee on the Judiciary.
By Mr. DICKINSON:
H.J. Res. 80, Joint resolution proposing an
amendment to the Constitution requiring
that Federal Judges be reconfirmed by the
Senate every 6 years; to the Committee on
the Judiciary.
By Mr. FISH:
H.J. Res. 81. Joint resolution to amend
title 5 of the United States Code to provide
for the designation of the 1 1th day of Novem-
ber of each year as Veterans Day; to the Com-
mittee on the Judiciary.
H.J. Res. 82. Joint resolution to authorize
the Interment of an unknown soldier from
the Vietnam war in the Arlington National
Cemetery; to the Committee on Veterans'
Affairs.
By Mr. GOODLING:
H J. Res. 83. Joint resolution proposing an
amendment to the Constitution of the
United States with respect to the offering of
prayer In public buildings; to the Committee
on the Judlclarv.
By Mr. GUBSER:
H.J. Res. 84. Joint resolution authorizing
the President to proclaim September 15 of
each year as "Respect for the Aged Day"; to
the Committee on the Judiciary.
By Mr. HOGAN (for himself and Mrs.
Holt ) :
H.J. Res. 85. Joint resolution proposing
an amendment to the Constitution of the
United States relative to neighborhood
schools; to the Committee on the Judiciary.
By Mr. JOHNSON of Pennsylvania;'
H.J. Res. 86. Joint resolution proposing an
amendment to the Constitution of the
United States with respect to the offering
of prayer in public buildings: to the Com-
mittee on the Judlclarv.
By Mr. KEATING (for himself. Mr.
Erlenborn, Mr. Helstoski, Mr. Pow-
71
ell of Ohio, Mr. Hbchleb of West
Virginia, Mr. Broyhill of North
Carolina, Mr. Kemp, and Mr. Har-
rington) :
H.J. Res. 87. Joint resolution designating
certain election days as legal public holi-
days, and for other purposes; to the Cdm-
mlttee on the Judlclarv. !
By Mr. KUYKENDALL:
H.J. Res. 88. Joint resolution proposing
an amendment to the Constitution of the
United States relative to freedom from forted
assignment to schools or Jobs because of
race, creed, or color; to the Committee on
the Judiciary.
By Mr. MATSUNAGA:
H.J. Res. 89. Joint resolution relating to
the war power of Congress; to the Com-
mittee on Foreign Affairs.
H.J. Res. 90. Joint resolution to declare a
United States policy of achieving population
stabilization of by voluntary means; to the
Committee on Government Operations.
H.J. Res. 91. Joint resolution to amend the
Constitution to provide for representation
of the District of Columbia In the Congress;
to the Committee on the Judlclarv.
By Mr. MICHEL:
H.J. Res. 92. Joint resolution to create a
select Joint committee to conduct an In-
vestigation antl study Into methods of sig-
nificantly simplifying Federal Income tax re-
turn forms; to the Committee on Rules.
By Mr. MINSHALL of Ohio:
H.J. Res. 93. Joint resolution proposing an
amendment to the Constitution of the United
States to Insure the right of States to est»b-
llsh and prescribe the powers of their local
educational agencies; to the Committee on
the Judiciary.
H.J. Res. 94. Joint resolution to establlsb a
Joint Committee on Aging; to the Comn^lt-
tee on Rules.
By Mr. MIZELL (for himself, Mr. CaMp,
Mr. Collins of Texas, Mr. W. C.
(Dan) Daniel, Mr. Derwinski, Mr.
Fisher, Mr. Flowers, Mr. Hosmeb,
Mr. King, Mr. Minshall of Ohio, Mr.
Montgomery, Mr. Nichols. Mr.
Rhodes, Mr. Scherle, Mr. Sikes,
Mr. Taylor of North Carolina, and
Mr. WHrrEHCRST) :
H.J. Res. 95. Joint resolution proposing |an
amendment to the Constitution of the United
States; to the Committee on the Judlclarv.
By Mr. PEPPER :
H.J. Res. 96. Joint resolution concerning
the war powers of the Congress and the Pres-
ident; to the Committee on Foreign Affairs.
By Mr. PEYSER:
H.J. Res.^.97. Joint resolution authorizing
the Presld/nt to proclaim the first Sunday
of June OT each year as "American Youth
Dav"; to \the Committee^n the Judlclafy.
By Mr. RANDALL:
H.J. Res. 98. Joint resolution to amend title
5 of the United States Code to provide for
the designation of the 11th day of November
of each year as Veterans Day: to the Com-
mittee on the Judiciary.
H.J. Res. 99. Joint resolution to establlsn a
Joint Committee on the Environment; to t>ie
Committee on Rules.
By Mr. RODINO:
H.J. Res. 100. Joint resolution to estaib-
llsh a national commission on veterans' bene-
fits; to the Committee on Veterans' Affairs.
By Mr. ROE:
H.J. Res. 101. Joint resolution expressing
the sense of the Congress with respect to
the foreign economic policy of the United
States In connection with Its relations with
the Soviet Union and any other country
which uses arbitrary and discriminatory
methods to limit the right of emigration, and
for other purposes; to the Committee on
Foreign Affairs.
H.J. Res. 102. Joint resolution to provide
for a study by the Secretary of Transporta-
tion of the feasibility of Government acqui-
sition, operation, and maintenance of rail-
road tracks, rights-of-way. signal systems.
i2
CONGRESSIONAL RECORD — HOUSE
January 3, 1973
ind other fixed faculties (as a separate ac-
ilvlty or as a part of a coordinated Federal
xansportatlon program); to the Committee
jn Interstate and Foreign Commerce.
H.J. Res. 103. Joint resolution to estab-
lish a Joint Committee on the Envlron-
aaent; to the Committee on Rules.
H.J. Res. 104. Joint resolution to estab-
Ish a Joint Committee on Aging; to the Com-
nlttee on Rules.
By Mr. ROONEY of New York :
H.J. Res. 105. Joint resolution designating
July 25 of each year as 'Puerto Rlcan Day
ji the United States of America"; to the
Committee on the Judiciary.
By Mr. ROUSH:
H.J. Res. 106. Joint resolution proposing
m amendment to the Constitution to pro-
vide for the direct popular election of the
President and Vice President of the United
States; to the Committee on the Judiciary.
ByMr. ROYBAL:
H.J. Res. 107. Joint resolution proposing
m amendment to the Constitution of the
Dnlted States lowering the age requirements
tovniembershlp In the Houses of Congress;
to^he Committee on the Judiciary.
H.J. Res. 108. Joint resolution to estab-
lish a Joint Committee on the Environment;
to the Committee on Rules.
H.J. Res. 109. Joint resolution to create a
select Joint conimlttee to conduct ai In-
vestigation and study into methods of sig-
nificantly simplifying Federal Income tax re-
turn forms; to the Committee on Rules.
H.J. Res. 110. Joint resolution to create a
select joint committee to coiKluct an In-
vestigation and study into methods of sig-
nificantly simplifying Federal Income tax
return forms: to the Committee on Rules.
H.J. Res. 111. Joint resolution author-
izing the President to proclaim September 8
of each year as "National Cancer Day": to
the Committee on the Judiciary.
By Mr. RUNNELS :
H.J. Res. 112. Joint resolution proposing
an amendment to the Constitution of the
United States limiting expenditures by the
Federal Government to revenues except in
national emergencies: to the Committee on
the Judiciary.
By Mr. BAYLOR:
H.J. Res. 113. Joint resolution proposing
an amendment to the Constitution of the
United States to authorize Congress, by two-
thirds vote of both Houses, to override de-
cisions of the Supreme Court; ta the Com-
mittee on Judlcla^^.
By Mr SCHERLE:
H.J. Res. 114. Joint resolution author-
izing the President to proclaim the fourth
Monday in March of each year as "Agricul-
ture Day"; to the Committee on the Ju-
diciary,
By Mr, STEELE:
H J, Res. 115. Joint resolution to insure
orderly and responsible congressional review
of tax preferences, and other items which
narrow the Income ta:< base; to the Commit-
tee on Ways and Means.
By Mr. STRATTON:
H J. Res, 116. Joint resolution to authorize
participation by the United States in parlia-
mentary conferences with the Republic of
Ireland: to the Committee on Foreign Affairs.
H,J, Res. 117. Joint resolution authorizing
the President to designate the 29th- day in
May or each year as "John Fitzgerald Ken-
nedy Memorial Day": to the Committee on
the Judlciarv.
By Mr. WHITEHURST;
HJ, Res 118, Joint resolution calling for
an immediate and appropriate moratorium
on the killing of polar bears; to the Commit-
tee on Foreign Affairs. J
H.J, Res, 119. Joint resolution cajfing for
an immediate moratorium on the k\lMng of
the eastern timber wolf; to the Committee
on Foreign Affairs.
By Mr. WHITTEN:
H.J. Res. 120. Joint resolution proposing an
amendment to the Constitution relating to
the terms of office of Judges of the Supreme
Court of the United States and inferior
courts; to the Committee on the Judiciary.
H.J. Res. 121. Joint resolution to establish
the Commission for Reestablishing Consti-
tutional Principles; to the Committee on the
Judiciary.
By Mr. WRIGHT:
HJ. Res. 122. Joint resolution proposing
an amendment to the Constitution of the
United States relating to the busing or in-
voluntary' assignment of students; to the
Committee on the Judiciary.
HJ. Res. 123. Joint resolution to amend
section 123 of the Federal Aid Highway Act
of 1970 establishing the Commission on
Highway Beautiflcation; to the Committee on
Public Works.
By Mr. WYMAN:
H.J. Res. 124, Joint resolution authorizing
a study of w^^ether to create a corporation
for profit to develop commercial feasible
processes for the conversion of coal to crude
oil and other liquid and gaseous hydrocar-
bons: to the Committee on Interstate and
Foreign Commerce.
By Mr. YOUNG of Florida:
HJ. Res. 125. Joint resolution proposing
an amendment to the Constitution of the
United States; to the Committee on the
Judiciary.
By Mr. YOUNG of Florida (for himself,
Mr. AsHBROoK, Mr. Burke of Florida,
Mr. Davis of South Carolina. Mr.
Devine, Mr. ErLEERG. Mr, Eshle;.ian,
Mr. Fisher, Mr. Plynt, Mr. Fret,
Mr. HiLLis. Mr. Hunt, Mr. Johnson
of Pennsylvania. Mr. McCollister,
Mr. Mills of Maryland. Mr, Mizell,
Mr, Myers. Mr. Powell of Ohio, Mr.
Scherle. Mr. Sebelius, Mr. Shoup,
Mr. Thomson of Wisconsin, and Mr.
Winn) :
H.J. Res. 126. Joint resolution to amend
title 5 of the United States Code to provide
for the designation of the llth day of Novem-
ber of each year as Veterans Day; to the Com-
mittee on tiie Judiciary.
By Mr, CHAMBERLAIN:
HJ, Res, 127. Resolution proposing an
am^dment to the Constitution of the United
States relating to the term of office of Presi-
dent and Vice President of the United States;^
to the Committee on the Judiciary
^ By Mr. BENNETT:
H. Con. Res. 2. Concvurent resolution ex-
pressing the sense of the Congress with re-
spect to the pollution of waters all over the
world and the necessity for coordinated inter-
national action to prevent such pollution; to
the Committee o-i Foreign Affairs.
H. Con, Res, 3, Concurrent resolution to
establish a Joint Committee on Impound-
ment of Funds; to the Committee on Rules.
By Mr. COLLIER :
H. Con. Res. 4. Concurrent resolution ex-
pressing the sense of the Congress with re-
spect to the accounting and return of all
American prisoners in Southeast Asia; to the
Committee on Foreign Affairs.
H. Con. Res, 5. Concurrent resolution ex-
pressing the sense of Congress respecting
Federal expenditures: to the Committee on
Government Operations.
By Mr, DAVIS of Georgia:
H. Con, Res. 6. Concurrent resolution to
collect overdue debts; to the Committee on
Ways and Means.
By Mr, FL'i'NT:
H. Con. Res. 7. Concurrent resolution ex-
pressing the sense of the Congress with re-
spect to sanctions against Rhodesia; to the
C...mmittee on Foreign Affairs.
By Mr. GREEN of Pennsylvania:
H. Con. Res 8. Concurrent resolution ex-
pressing the sense of the Congress that the
Soviet Union should be condemned for its
policy of demanding a ransom from educated
Jews who want to emigrate to Israel; to the
Committee on Foreign Affairs.
H Con. Res. 9. Concurrent resolution ex-
pressing the sense of the -Congress that all
American aid, loans, commerce, and air serv-
ice to the host countrle,3 of guerrilla groups
responsible for acts of International terror-
ism and to the countries offering sanctuary
to and refusing to extradite or prosecute
such groups should be terminated; to the
Committee on Foreign Affairs.
By Mr. HOSMER:
H. Con. Res. 10. Concurrent resolution ex-
pressing the sense of the Congress with re-
spect to motor vehicle insurance and an ac-
cident compensation system: to the Com-
mittee on Interstate and Foreign Commerce.
By Mr. RARICK:
H, Con, Res. 11. Concurrent resolution con-
demning the treatment of American prison-
ers of war by the Government of North Viet-
nam and urging the President to initiate ap-
propriate action for the purpose of Insuring
that American prisoners are accorded hu-
mane treatment; to the Committee on For-
eign Affairs.
H. Con. Res. 12. Concurrent resolution ex-
pressing the sense of Congress with respect
to North Vietnam and the National Libera-
tion Front of South Vietnam complying with
the requirements of the Geneva Convention;
to the Committee on Foreign Affairs.
H. Con. Res, 13, Concurrent resolution ex-
pressing the sense of Congress that officers
and employees of the Federal Government
residing and working in the District of Co-
lumbia should send their children to the
public schools of the District of Columbia;
to the Committee on the District of Colum-
bia.
H. Con. Res. 14, Concurrent resolution ex-
pressing the sense of Congress that no action ,
should be taken on the part of the Federal
Government, any State, or political subdivi-
sion thereof that would remove the song
"Dixie" from its proper place in the history
of the United States and that region of the
United States known as the South, or pro-
hibit it from being played as a part of
any public function or gathering; to the
Committee on the Judiciary.
By Mr. VEYSEY:
H. Con. Res. 15. Concurrent resolution call-
ing for the humane treatment and release of
American prisoners of war held by North
Vietnam and the National Liberation Front;
to the Committee on Foreign Affairs.
By Ms, ABZUG:
H. Con. Res. 16. Concurrent resolution ex-
pressing the Sense of Congress that the Pres-
ident should take the necessary steps <o ini-
tiate active negotiations seeking agreefnent;
with the Soviet Union on a comprehensive
ban on all nuclear test explosions, to work
toward extension of a prohibition against
nuclear testing to the other nuclear powers.
Including France and China, and to declare
and observe an indefinite moratorium on al>
nuclear test explosions; to the Committee
on Foreign Affairs.
ByMr. ANNUNZIO:
H, Con, Res. 17, Concurrent resolution ex-
pressing the sense of the Congress with re-
spect to the incorporation of Latvia, Lith-
uania, and Estonia into the Union of Soviet
Socialist Republics: to the Committee on
Foreign Affairs.
H. Con, Res, 18. Concurrent resolution au-
thorizing the placement of a statue of Chris-
topher Columbus in the Capitol; to the Com-
mittee on House Administration.
H. Con. Res. 19, Concurrent resolution ex-
pressing the sense of Congress relating to
films and broadcasts which defame, stereo-
type, ridicule, demean, or degrade ethnic^
racial, and religious groups; to the Com-
mittee on Interstate and Foreign Commerce.
By Mr. COLLIER :
H. Con. Res. 20, Concurrent resolution: an-
nouncement of Federal grants and contracts;
to the Committee on Government Opera-
tions.
By Mr. CONTE :
H. Con. Res. 21. Concurrent resolution
creating the Joint Select Committee on Oov-
Jdnuary 3, 1973
CONGRESSIONAL RECORD — HOUSE
73
ernment Program Analysis and Evaluation;
to the Committee on Rules.
ByMr. FISH:
H. Con, Res. 22. Concurrent resolution ex-
pressing the sense of the Congress with re-
spect to further limitations of nuclear arms
and the goal of ultimate nuclear disarm-
ament; to the Committee on Foreign Affairs.
By Mr. FLYNT:
H. Con. Res. 23. Concurrent resolution ex-
pressing the sense of Congress with respect
to freedom of choice and compulsory trans-
portation In connection with public schools;
to the Committee on Education and Labor.
ByMr. FUQUA:
H. Con. Res. 24. Concurrent resolution re-
questing the President to proclaim the sec-
ond full week in May «f each year as "Na-
tional Art Week"; to the Committee on the
Judiciary.
H. Con. Res. 25. Concurrent resolution to
collect overdue debts: to the Committee on
Ways and Means,
By Mr. GROSS :
H. Con. Res. 26. Concurrent resolution ex-
pressing the sense of the Congress respect-
ing Federal expenditures: to the Committee
on Government Operations,
ByMr. HOSMER:
H. Con. Res. 27. Cjncurrent resoUitlon
calling for the humane treatment and re-
lease of American prisoners of war held by
North Vietnam and the National Liberation
Front; to the Committee on Foreign Affairs.
ByMr. MEEDS:
H. Con. Res. 28. Concurrent resolution re-
lating to a national Indian policy; to the
Committee on Interior and Insular Affairs.
By Mr. MINSHALL of Ohio:
H. Con. Res. 29. Concurrent resolution to
Instruct the United States Ambassador to the
United Nations to insist on fulfillment of
charter provisions based on self-determina-
tion of all peoples, and that the Soviet Union
be asked to abide by Its United Nations mem-
bership obligations concerning colonialism
and Interference with the sovereignty of
other nation^: to the Committee on Foreign
Affairs. 'j
H. Con. Refe. 30. Concurrent resolution ex-
pressing the gjense of Congress that the Holy
Crown of Sainft Stephen should remain In the
safekeeping df the U.S. Government un-
til Hungary once again functions as a
constitutional government established by
the Hungarian people through free choice;
to the Committee on Foreign Affairs.
H. Con. Res. 31. Concurrent resolution to
seek the resurrection of the Ukrainian Ortho-
dox and Catholic Churches in Ukraine; to
the Committee on Foreign Affairs.
By Mr. MURPHY of New York:
H, Con. Res. 32. Concurrent resolution
expressing the sense of Congress relating to
films and broadcasts which defame, stereo-
type, ridicule, demean, or degrade ethnic,
racial, and religious groups: to the Commit-
tee on Interstate and Foreign Commerce.
By Mr. RANDALL:-
H. Con. Res. 33. Concurrent resolution to
collect overdue debts: to the Committee on
Ways and Means.
By Mr. ROE :
H. Con. Res. 34. Concurrent resolution ex-
pressing the sense of Congress relating to
films and broadcasts which defame, stereo-
type, ridicule, demean, or degrade ethnic,
racial, and religious groups; to the Commit-
tee on Interstate and Foreign Commerce.
H. Con. Res. 35. Concurrent resolution ex-
pressing congressional recognition of a decla-
ration of general and special rights of the
mentally retarded; to the Committee on
Interstate and Foreign Commerce.
H. Con. Res. 36. Concurrent resolution to
establish a Joint Committee on Impound-
ment of Funds; to the Committee on Rules.
By Mr. ROONEY of New York :
H. Con. Res. 37. Concurrent resolution call-
ing for peace In Northern Ireland and the
CXIX 6— Part 1
establishment of a united Ireland; to the
Committee on Foreign Affairs.
By Mr. ROYBAL:
H. Con. Res. 38. Concurrent resolution
designating the first day In October of each
year as "National Friendship Day"; to the
Committee on the Judiciary.
By Mr. STRATTON:
H. Con. Res. 39. Concurrent resolution that
the Congress hereby creates an Atlantic
Union delegation; to the Committee on For-
eign Affairs.
By Mr. WHITEHURST:
H. Con. Res. 40. Concurrent resolution per-
taining to the methods used on animals In
research; to the Committee on Science and
Astronautics.
By Mr. FXNDLEY:
H, Res, 17. Resolution to establish a House-
authorized budget; to the Committee on
Rules.
By Mr. PATMAN:
H. Res. 18. Resolution authorizing the
Committee on Banking and Currency to con-
duct full and complete investigations and
studies of all matters within its jurisdiction
under the rules of the House or the laws of
the United States; to the Committee on
Rules.
By Mr. EVINS of Tennessee :
H. Res. 19. Resolution: Organization, Ju-
risdiction, powers, and duties of the per-
manent §elect Committee on Small Business
to conduct studies and investigations of the
pr^lems of small business; to the Commit-
tee on Rules.
By Mrs. SULLIVAN:
H. Res. 20. Resolution relating to the
Panama Canal and Canal Zone Jurisdiction;
to the Committee on Foreign Affairs.
ByMr. ZABLOCKI:
H. Res. 21. Resolution providing that agree-
ments on strategic arms limitation should be
submitted to both Houses of Congress; to the
Comanittee on Foreign Affairs.
By Mr. CONABLE:
H. Res. 22. Resolution to amend the Rules
of the House of Representatives to require
that meetings of the Committee on House
Administration for consideration of the fix-
ing and adjusting of allowances of Members
and committees be open to all Members of
the House, and for other purposes; to the
Committee on Rules.
By Mr. CONABLE (for himself and Mr.
Keating) :
H, Res. 23. Resolution to provide for equita-
ble and effective minority staffing on House
standing committees; to the Committee on
Rules.
By Mr. FLYNT:
H. Res. 24. Resolution to express the sense
of the House of Representatives that the
United States maintain its sovereignty and
Jurisdiction over the Panama Canal Zone; to
the Committee on Foreign Affairs.
By Mr. HALEY :
H. Res. 25. Resolution to express the sense
of the House of Representatives that the
United States maintain Its sovereignty and
Jurisdiction over the Panama Canal Zone; to
the Committee on Foreign Affairs.
By Mr. HARRINGTON (for himself.
Ms. Abzug. Mr. Addabbo, Mr. Ba-
DiLLO, Mr, Bingham. Mr. Boland. Mr.
Burke of Massachusetts. Mr. Btm-
TON, Mr. CoNTE, Mr. Eilberc. Mr.
Green of Pennsylvania. Mrs. Heck-
ler of Massachusetts, Mr. Koch, Mr.
Mazzoli, Mr, Ref.s. Mr. Riecle, Mr.
Mitchell of Maryland, Mr. Rosen-
thal, Mr. ROVBAL, Mr. SEIBERLrNG,
Mr. Studds. and Mr, Wolff) :
H. Res. 26. Resolution an Inquiry into the
extent of the bombing of North Vietnam,
December 17. 1972. through January 3. 1973;
to the Committee on Armed Services.
By Mr. RARICK:
H. Res. 27. Resolution creating a select
committee to conduct an investigation Into
all crimes against humanity perpetrated by
Communists or under Communist direction,
and to express the sense of Congress that a
monument be erected as a suitable memorial
to all victims of Communist actions; to4.he
Committee on Rules.
By Mrs. SULLIVAN:
H. Res. 28. Resolution conferring Jurisdic-
tion over the food stamp program upon the
Committee on Banking and Currency; to
the Committee on Rules.
By Ms. ABZUG :
H. Res. 29. Resolution to abolish the Com-
mittee on Internal Security and enlarge the
Jurisdiction of the Committee on the Judi-
ciary; to the Committee on the Rules.
By Mr. ANDERSON of California:
H. Res. 30. Resolution directing the chair-
man of each committee of the House to file
a report with the House within 30 days after
the completion of any authorized travel out-
side of the United States made by any mem-
ber or employee of such committee contain-
ing certain information concerning such
travel; to the Committee on Rules.
By Mr. ANNUNZIO:
H. Res. 31. Resolution designating Janu-
ary 22 of each year as Ukrainian Independ-
ence Day; to the Committee on the Judi-
ciary.
H. Res. 32. Resolution to abolish the Com-
mittee on Internal Security and enlarge the
Jurisdiction of the Committee on the Ju-
diciary; to the Committee on Rules.
H. Res. 33. Resolution establishing a Spe-
cial Committee on the Captive Nations; to
the Committee on Rules.
By Mr. BINGHAM:
H. Res. 34. Resolution to abolish the Com-
mittee on Internal Security and enlarge the
Jurisdiction of the Committee on the Ju-
diciary; to the Committee on Rules.
H. Res. 35. Resolution creating a select
committee to conduct a full and complete
investigation and study of transportation
problems in the United States; to the Com-
mittee on Rules.
By Mr. BROTZMAN (for himself, Mr.
Anderson of Illinois, Mr. Harring-
ton, Mr. Boland. Mr. Sarbanes. Mr.
Bray, Mr. Riegle, Mr. BEvy,L, Mr.
Yates, Mr. Winn, Mr. Myers, Mr.
Dickinson, Mr. Gibbons. Mr. Mayne,
Mr. Fish, Mr! Rodino, Mr. Prenzel,
Mr. Dennis, Mr. Derwinski, Mr.
Dent, Ms. Abzug. Mr. Ichord. Mr.
Archer, Mr. W. C. (Dan) Daniel,
and Mr Hogan) :
H. Res. 36. Resolution to amend the Rules
of the House of Representatives to create a
standing committee to be known as the Com-
mittee on the Environment; to the Commit-
tee on Rules.
By Mr. BROTZMAN (for himself, Mr.
BaoYHiLL of North Carolina, Mr.
Burke of Massachusetts, Mr.
Miller, Mr. Harvey, Mr. Flowers,
Mr. Morgan. Mr. Mann, Mr. For-
sythe, Mr Sandman. Mr, Rees, Mr.
McEwen, Mr. Johnson of Pennsyl-
vania. Mr. Coughlin, Mr. Kuyken-
DALL. Mr. RoYBAL, Mr, Arends. Mr.
Randall, Mr. Kemp, Mr, Rkgula, Mr.
Martin of North Carolina. Mr.
BiESTER, and Mr. J. Wn,LiAM Stan-
ton) :
H. Res. 37. Resohitlor to amend the Rules
of the House of Representatives to create a
standing committee to b6 known as the Com-
mittee on the Environment; to the Commit-
tee on Rules.
By Mr, BROTZMAN (for himself , Mr.
Don H, Clausen, Mr. Widnall, Mr.
Dulski, Mr. Buchanan, Mr, Brasco.
Mr. Wolff. Mr. Railsback, Mr.
Broomfield. Mr, Mallary. Mr, Ya-
TRON. Mr, Bell. Mr. RosenthaI, Ml.
Rangel. Mr. Lent, Mr, Steiger of
Wisconsin, Mr. Van Deerlin. Mr.
Talcott, Mr. Goldwater. Mr. Mrr-
' cKELL of Maryland, Mr. Shsiver, Mr.
}
74
Isi
I
CONGRESSIONAL RECORD — HOUSE
January 3, 1973
Michel, Mr. McKinney, Mr. Keat-
ing, and Mr. Dt: Pont) :
Res. 38. Resolution to amend the Rules
of the House of Representatives to create a
sta idlng committee to be known as the Com-
mii te« on the Environment; to the Commit-
tee on Rules.
By Mr. BROTZMAN (for himself, Mr.
ScHNEEBEi,i. Mr. Drinan, Mr. Ma-
THIAS of California, Mr. Addabbo, Mr.
STRATTON, Mr. TIERNAN, Mr. Freling-
HtrrsEN, Mr. Smith of New. York, Mr.
GooDLiNG, Mrs. Chisholm. Mr. Han-
sen of Idaho. Mr. McDade, Mr. Ware,
^r. Badiixo. Mr. Sikes, Mr. Dellen-
BACK, Mr. Peyser, Mr. Price of IIU*
nols, Mr. Quie, Mr. Green of Penii.-
sylvanla, Mr. McCloskey, Mr. Pickle.
Mr. Eraser, and Mr. Helstoski) :
it. Res. 39. Resolution to amend the Ruleg
of ;he House of Representatives to create' U
sta :idlng committee to be known as the Com-
mli tee on the Environment; to the CommllH
tee on Rules.
By Mr. BROTZMAN (for hlmalf, Mr.
Wyatt, Mr. Camp. Mr. Alexander, Mr.
Teagite of California. Mr. Dominick
V. Daniels. Mr. Wyman, Mr. Cleve-
land, Mr. King, Mr. Culver, Mr. Nel-
SEN, Mr. Minshall of Ohio. Mr. Mi-
ZELL, Mr. Conte, Mr. Esch, Mr.
Thomson of Wisconsin. Mr. Zwach,
Mr. Hechler of West Virginia, Mr.
Robinson of Virginia, Mr. Burke of
Florida, Mr. Spence, Mr. Hillis, Mr.
Nichols, Mr. Williams, and Mr. Eil-
BERG) :
Res. 40. Resolution to amend the Rules
of the House of Representatives to create a
sta nding committee to befcnown as the Com-
mi tee on the Environmet^J to the Commit-
teejon Rules. X
By Mr. YOUNG of Prorlda:
Res. 41. A resolution to amend the
Ru es of the House of Representatives to
creite a standing committee to be known as
the Committee on the Environment; to the
Copimittee on Rules.
By Mr. CHAMBERLAIN:
Res. 42. Resolution amending the
es of the House of Representatives to
Iblt the election of a Member of the
as chairman of any standing com-
tee If he has attained the age of 65
; to the Committee on Rules.
By Mr. CHAPPELL;
Res. 43. Resolution expressing the
of the House that the Federal Oom-
nlcations Commission establish advisory
s which recommend that certain
sical violence not be broadcast over tele-
on during certain time periods, because
:h violence Is not suitable to be viewed by
Idren; to the Committee on Interstate
1 Foreign Commerce.
I. Res. 44. Resolution to authorize a
stijdy of national fuels and energy policy;
to [the Committee on Rules.
By Mr. COLLIER:
I. Res. 45. Resolution amending the
Rites of the House of Representatives to
the enactment of general appro-
measures, to facilitate the making
appropriations for subsequent fiscal years,
for other purposes; to the Committee
Rules.
i. Res. 46. Resolution to provide for
eq Jltable and effective minority staffing on
He use standing committees; to the Com-
mittee on Rules.
By Mr. CONABLE:
b. Res. 47. Resolution authorizing thef
Speaker, after agreement with the minority
leader, to entertain motions to adjourn the
He use to a day and time certain; to the
Cofnmlttee on Rules
By Mr. CONTE:
H. Res. 48. Resolution to amend the
Ri les of the House of Representatives; to
th^ Committee on Rules.
Riili
pr( h
Ho .ise
yes rs
se
mi
gu dellnes
ph^
V
su
ch
an
ex; ledlte
pr atlon
of
B
on
nl
By Mr. DAVIS of Georgia:
H. Res. 49. Resolution calling upon the
Voice of America to broadcast In the Yid-
dish language to Soviet Jewry; to the Com-
mittee on Foreign Affairs.
H. Res. 50. Resolution to create a Select
Committee on Aging; to the Committee on
Rules.
By Mr. du PONT:
H. Res. 51. Resolution to insure that a
majority of House conferees have supported
the final position of the House; to the Com-
mittee on Rules.
H. Res. 52. Resolution to limit the right of
Members to revise their remarks for the Con-
gressional Record; to the Committee on
Rules.
By Mr. FLYNT:
H. Res. 53. Resolution amending the Rules
of the House of Representatives to exp)edlte
the enactment of general appropriation meas-
ures, to facilitate the making of appropria-
tions for subsequent fiscal years, and for
other purposes; to the Committee on Rules.
H. Res. 54. Resolution for the appointment
of a select committee to study %he effects of
Federal policies on the quality of education
In the United States; to the Committee on
Rules.
By Mr. FUQUA:
H. Res. 55. Resolution to express the segse
of the House of Representatives that the
United States maintain Its sovereignty and
Jurisdiction over the Panama Canal Zone;
to the Committee on Foreign Affairs.
H. Res. 56. Resolution amending the Rules
of the House of Representatives to expedite
the enactment of general appropriation
measures, to facilitate the making of appro-
priations for subsequent fiscal years, and for
other purposes; to the Committee on Rules.
By Mr. GREElJ^of Pennsylvania:
H. Res. 57. A resolution concerning the
continued injustice suffered by Jewish citi-
zens of the Soviet Union; to the Committee
on Foreign Affairs.
H. Res. 58. A resolution to amend the Rules
of the House of Representatives to create a
standing committee to be known as the Com-
mittee on the Environment; to the Commit-
tee on Rules.
H. Res. 59. A resolution to create a Select
Committee on Aging; to the Committee on
Rules.
By Mr. GROSS:
H. Res. 60. A resolution creating a standing
Committee on Small Business in the youse
of Representatives; to the Committee on
Rules.
By Mr. HARRINGTON:
H. Res. 61. A resolution to abolish the
Committee on Internal Security and enlarge
the Jurisdiction of the Committee on the
Judiciary; to the Committee on Rules.
By Mr. HEINZ:
H. Res. 62. Resolution, a bill to create a
Select Committee on Aging; to the Com-
mittee on Rules.
By Mr. HOSMER:
H. Res. 63. Resolution maintaining United
States sovereignty, Panama Canal Zone; to
the Committee on Foreign Affairs.
By Mr. MAYNE :
H. Res. 64. Resolution to amend the Rules
of the House of Representatives to create a
standing committee to be known as the
Committee on the Environment; to the Com-
mittee on Rules.
By Mr. MINSHALL of Ohio:
H. Res. 65. Resolution designating Janu-
ary- 22 of each year as Ukrainian Independ-
ence Day; to the Committee on the Judici-
ary.
H. Res. 66. Resolution designating May 3
as "Polish Constitution Day"; to the Com-
mittee on the Judiciary.
H. Res. 67. Resolution to amend the Rules
of the House of Representatives to create a
standing committee to be*^nown as the Com-
mittee on the Environment; to the Commit-
tee on Rules.
H. Res. 68. Resolution establishing a Spe-
cial Committee on the Captive Nations; to
the Committee on Rules.
H. Res. 69. Resolution for the appointment
of a select committee to study the effects of
Federal policies on the quality of education
In the United States; to the Committee on
Rules.
H. Res. 70. Resolution to provide for free
Federal telecommunications system service to
patients In veterans hospitals; to the Com-
mittee on Veterans' Affairs.
By Mr. PEPPER:
H. Res. 71. Resolution to provide that
meetings of committees of the House of Rep-
resentatives shall be open to the public; to
the Committee on Rules.
ByMr. POAGE:
H. Res. 72. Resolution to authorize In-
vestigations by the Committee on Agricul-
ture; to the Committee on Rules.
By Mr. RANDALL:
H. Res. 73. Resolution to create a Select
Committee on Ag/ng; to the Committee on
Rules.
ByMr. RODINO:
H. Res. 74. A resolution authorizing the
Committee oft the Judiciary to conduct
studies and Investigations relating to certain
matters within Its Jurisdiction; to the Com-
mittee on Rules.
By Mr. ROE :
H. Res. 75. Resolution designating May 3
as "Polish Constitution Day"; to the Coip-
mlttee on the Judiciary.
H. Res. 76, Resolution expressing the sense
of the House on relationship between legisla-
tive and executive branches of the Govern-
ment as it relates to funds authorized under
the Federal Water Pollution Control Act
Amendments of 1972; to the Committee on
Public Works.
H. Res. 77. Resolution to amend the Rules
of the House of Representatives to require
that the report accompanying each bill or
resolution contain an analysis and evalua-
tion of the environmental impact of the bill
or resolution; to the Committee on Rules.
H. Res. 78. Resolution for the appointment
of a select committee to study the effects
of Federal policies on the quality of educa-
tion in the United States; to the" Committee
on Rules.
H. Res. 79. Resolution to create a Select
Committee on Aging; to the Committee on
Rules.
H. Res. 80. Resolution creating a select
committee of the House to conduct a full
and complete investigation of all aspects of
the energy resources of the United States;
to the Committee on Rules.
H. Res. 81. Resolution to provide free
Federal telecommunications system service
to patients In veterans' hospitals; to the
Committee on Veterans' Affairs.
By Mr. ROYBAL :
H. Res. 82. Resolution expressing the sense
of the House of Representatives that the
President should suspend, in accordance with
section 481 of the Foreign Assistance Act of
1861. economic and military assistance and
certain sales to Thailand for its failure to
take adequate steps to control the Illegal
traffi: of opium through its borders; to the
Committee on Foreign Affairs.
H. Res. 83. Resolution calling upon the
Voice of America to broadcast in the Yiddish
language to Soviet Jewry; to the Committee
on Foreign Affairs.
H. Res. 84. Resolution to amend the Rules
of the House of Representatives to create a
standing committee to be known as the
Committee on the Environment; to the Com-
mittee on Rules.
H. Res. 85. Resolution to create a Select
Committee on Aging: to the Committee on
Rules.
ByMr. SCHERLE:
H. Res. 86. Resolution maintaining U.S.
sovereignty. Panama Canal Zone; to the Com-
mittee on Foreign Affairs.
January 3, 1973
CONGRESSIONAL RECORD — HOUSE
75
By Mr. STRATTON:
H. Res. 87. Resolution expressing the sense
of the House of Representatives that the peo-
ple of all Ireland should have an opportunity
to express their will for union by an election
under the auspices of a United Nations com-
mission; to the Committee on Foreign Affairs.
H. Res. 88. Resolution designating January
22 of each year as Ukranian Independence
Day; to the Committee on the Judiciary.
H. Res. 89. Resolution establishing a Spe-
cial Committee on the Captive Nations; to
the Committee on Rules.
By Mr. WHITTEN:
H. Res. 90. Resolution to amend the Rules
of the House of Representatives to create a
standing Committee on the Constitution; to
the Committee on Rules.
By Mr. YOUNG of Florida:
H. Res. 91. Resolution to retain U.S. sover-
eignty over the Canal Zone and Panama
Canal; to the Committee on Foreign Affairs.
MEMORIALS
Under clause 4 of rule XXII, memorials
were presented and referred as follows:
1. By the SPEAKER: Memorial of the Leg-
islature of the Commonwealth of Pennsyl-
vania, ratifying the proposed amendment to
the Constitution of the United States rela-
tive to equal rights for men and women; to
the Committee en the Judiciary.
2. Also, memorial of the Legislature of the
State of California, ratifying the proposed
amendment to the Constitution of the Unit-
ed States relative to equal rights for men and
women; to the Committee on the Judiciary.
3. Also, memorial of the Legislature of the
State of California, relative to the Antloch
College; to the Committee on Public Works.
PRIVATE BILLS AND RESOLUTIONS
Under clause 1 of rule XXII, private
bills and resolutions were introduced and
severally referred as follows:
By Mr. ANNUNZIO:
K.R. 1311. A bill for the relief of Vlncenzo
Angelilli: to the Committee on the Judiciary.
H.R. 1312. A bill for the relief of Teresa De
Benedetto; to the Committee on the Judl-
ciarv.
H.R. 1313. A bill for the relief of Salvatore
Gagllardo; to the Committee on the Judl-
ciarv.
h"r. 1314. A bill for the relief of Modern
Life and Accident Insurance Co. of Chicago;
to the Committee on the Judiciary.
Bv Mr. BAKER:
H.R. 1315. A bill for the relief of Jesse Mc-
Carver, Georgia Villa McCarver, Kathy Mc-
Carver, and Edith McCarver; to the Com-
mittee on the Judiciary.
Bv Mr. BENNETT:
H.R. 1316. A bill for the relief of Claude V.
Alcorn and 21 others; to the Committee on
the Judiciary.
Bv Mr. CHAPPELL:
H.R. 1317. A bill for the relief of Maria
Luisa Gorostegul deDourron, doctor of medi-
cine; to the Committee on the Judiciary.
H.R. 1318. A bill for the relief of Dr.
Remlglo G. Lacsamana; to the Committee on
the Judiciary.
Bv Mr. COLLIER:
H.R. 1319. A bill for the relief of Alan C.
Hoffman; to the Committee on the Judiciary.
H.R. 1320. A bill for the relief of Evangella
Manledake; to the Committee on the Judici-
ary.
By Mr. DANIELSON:
H.R. 1321. A bill for the relief of Mrs. Don-
Inga Pettlt; to the Committee on the Judi-
ciary, i ^
H.R. 1322. A bUl for the relief of Jay Alexia
Callgdong Slatong; to the Committee on the
Judiciary.
H.R. 1323. A bin for the relief of Mrs.
Rosanna Thomas; to the Committee on the
Judiciary.
By Mr. EDWARDS of California:
H.R. 1324. A bill for the relief of Paz
Hachero Jabonllle; to the Committee on the
Judiciary.
H.R. 1325. A bUl for the relief of Carmen
Maria Pena-Garcano; to the Committee on
the Judiciarv.
Bv Mr. FISHER:
H.R. 1326. A bUl for the relief of Roy A.
Harrell. Jr.; to the Committee on the
Judiciary.
H.R. 1327. A bill for the relief of M. Sgt.
Ronald J. Hodgklnson, U.S. Army (retired);
to the Committee on the Judiciary.
H.R. 1328. A bill for the relief of M. Sgt.
Eugene J. Mikulenka, U.S. Army (retired);
lo the Committee on the Judiciary.
H.R. 1329. A bill for the relief of Pike Sales
Co.. and Pike Industries, Inc.; to the Com-
mitiee on the Judiciary.
By Mr. FUQUA:
H.R. 1330. A bin for the relief of Jorge
Birnlos; to the Committee on the Judici-
arv.
H.R. 1331. A bill for the' relief of Aurello
Antonio Piedra and his wife, Maria Con-
cepcion Piedra; to the Committee on the
Judiciary.
By Mr. GREEN of Pennsylvania:
H.R. 1332. A bill for the relief of Pri-
vate First Cle.ss James Watson, Jr.. U.S.
Marine Corps Reserve;! to the Committee
on the Judiciary.
;Bv Mr. GUBSER:
H R". 1333. A bUl for the relief of Miss
Clarice Sha'jv; to the Committee on the
Judiciary.
By Mr. HANSEN of Idaho:
H.R. 1334. A bill for the relief of Mr.
Arturo Manabat Amoranto. and his wife.
Lourdes; to the Comnilitee on the Judici-
arv.
By Mr. HELSTOSKI:
H.R. 1335. A bill for the relief of Pietro
Biimggia; to the Committee on the Ju-
diciary.
H.R. 1336. A bill for the relief of Salva-
tore, Giovanna, and Mary Lou Calendra;
to the Committee on the Judiciary.
H.R. 1337. A bill for the relief of John and
Libera Chlmentl; to the Committee on the
Judiciary.
H.R. 1338. A bin for tbe reUef of Anthony
John Clark; to the Committee on the
Judiciary.
H.R. 1339. A bin for the relief of Anna I.
Duisberg, sole heir of Dr. Walter H. Dulsberg;
to the Committee on the Judiciary.
H.R. 1340. A bUl for the relief of Antonio
Ferraluolo; to the Committee on the Judici-
ary.
H.R. 1341. A ftni for the relief of Jack
George Makarl; to the Committee on the
Judiciary.
H.R. 1342. A bill for the relief of Rita
Swann; to the Ccmmittee on the Judiciary.
H.R. 1343. A bl'l for the relief of Martin
Tarnowsky and Jol n Tarnowsky; to the Com-
mittee on th'. Judiciary.
BvMr. ICHORD:
H.R. 13i4. A bill for the relief of John W.
Hollis; to the Committee on the Judiciary.
By Mr. JOHNSON of California:
H.R. 1345. A bUl to authorize the Sec-
retary of the Interior to convey certain lands
in Madera County, Calif., to Mrs. LucUle
Jones, and for other purposes; to the Com-
mittee on Interior and Insular Affairs.
HR. 1346. A bill to authorize the Sec-
retary of the Interior to convey certain lands
In Placer County, Calif., to Mrs. Edna C.
Marshall, and for other purposes: to the
Committee on Interior and Insular Affairs.
H.R. 1347. A bill to authorize the Sec-
retary ot the Interior to rectify a public
land transaction; to the Committee on the
Judiciary.
H.R. 1348. A bin for the relief of Caroleen
G. Fernandez; to the Committee on tlie
Judiciary.
By Mr. MAILLIARD:
H.R. 1349. A bni for the relief of Helen
Rose Botto; to the Committee on the Judi-
ciary.
H.R. 1350. A bin for the relief of Del Monte
Fishing Co.; to the Committee on the Judi-
ciary.
H.R. 1351. A bUl for the relief of Robert F.
Franklin; to the Committee on the Judiciary.
H.R. 1352. A bin for the relief of Robert F.
Franklin; to the Committee on the Judiciary.
H.R. 1353. A bill for the relief of Toy Louie
Lin Heong; to the Committee on the Judi-
ciary.
H.R. 1354. A bill for the relief of Mr. Kath-
ryn S, Ports; to the Committee on the
Judiciary.
By Mr. MATSUNAGA: -
H.R. 1355. A bill to donate certain surplus
railway equipment to the Hawaii Chapter of
the National RaUway Historical Society, Inc.;
to the Committee on Government Opera-
tions.
ByMr. MICHEL: '
H.R. 1356. A bill for the relief of Ann E.
Shepherd; to the Committee on the Judici-
ary.
By Mr. OBEY:
H.R. 1357. A bill for the relief of James J.,
Caldwell; to the Committee on the Judiciary.
Bv Mr. PEYSER:
H.R. 1358. A bin for the relief of Giuseppe
Cascone and his wife, Giovanna Cascone; to
the Committee on the Judiciary. ^ j
H.R. 1359. A bill for the relief of Vincenza
Lombardo and his wife, Gaetana Castroglo-
vanni Lombardo; to the Committee on the
Judiciary.
HR. 1360. A bin for. the relief of CelestinS
Martorana; to the Coiftmlttee on the Judl-j
ciarv. L
H.R. 1361. A bin for the relief of Giuseppe
Praino, his wife. Vita Oranza Pralno and
their children Salvatore, Mlchele, and Mar-
cello; to the Committee on the Judiciary.
H.R. 1362. A bill for the relief of Amy.
Estelle Sebro; to the Committee on the Judi-
ciarv.
h"r. 1363. A bill for the relief of Watmir
Turolla; to the Committee on the JudI*
clary.
Bv Mr. QUIE:
H.R. 1364. A bill for the relief xof Archie H,
Stadler; to the Committee on the Judiciary.
Bv Mr. QUILLEN: J
H.R. 1365. A bill for the relief of Carl W. ,
Houston; to the Committee on the Judiciary.
Bv Mr. ROUSSELOT:
H.R. 1366. A bill for the relief of Juan
Marcos Cordova-Campos; to the Committee
on the Judiciary
ByMr. ROYBAL:
H.R. 1367. A bill for the relief of Bertha
Alicia Sierra; to the Committee op. the
Judiciary.
Bv Mr. SCHERLE:
H.R. i368. A bill for the relief of Jessie
Pursell and Sam Corblno; to the Committee
on the Judiciary.
By Mr. SMITH of Iowa : 1.
H.R. 1369. A bin for the relief of Giuseppe
Andreano; to the Committee on the Judici-
ary. ;
Bv Mr. STRATTON: 1
H.R. 1370. A bill to authorize the President
to appoint Vice Adm. Hyman G. Rickover.
v^I.S. Navy, to the grade of admiral; to th^
Committee on Armed Services.
Bv Mr. THOMSON of Wisconsin:
H.R. 1371. A bUl for the relief of Dr. anti
Mrs. Donald J. Aim; to the Committee on the
Judiciary.
Mr. VEYSEY:
H.R. 1372. A bill to aiithorlze and direct
the Secretary of the Interior to quitclaim to
Kaiser Steel Corp. the remaining Interest of
the United States In and to certain public
lands In Riverside County, Calif.; to the Com-
mittee on Interior and Insular Affairs. • j
76
^
By Mr. WIDNALL:
H.R. 1373. A bill for the reUef of Ikot
iMi'red Ekanem; to the Committee on the
Judiciary.
HR. 1374. A bill for the relief of Alfredo
•"ederlco Plzzl, Lydla Palmira Plzzl, and
liawrence Plzzl; to the Committee on the
Judiciary.
By Mr. WRIGHT:
HJl. 1375. A bUk for the relief of Arttiro
\gulrre-Alvarado, his wife, Soledad Labra de
igulrre, and their children, Graclela Agulrre
l,abra, Ouadalupe Agulrre Labra, Alma Rosa
\gulrre Labra, Arturo Agulrre Labra, Jr.,
Mberto Agulrre Labra, and Beatrlz Agulrre
l^abra; to the Conunlttee on the Judiciary.
HJR. 1376. A blU for the relief of J. B.
Slddle; to the Committee on the Judiciary.
ByMr. YATRON:
H.R. 1377. A bUl for the relief of Michael
Joseph Wendt; to the Committee on the
Judiciary.
By Mr. YOUNG of Florida:
H.R. 1378. A bUl for the relief of James E.
Bashllne; to the Committee on the Judiciary.
H.R. 1379. A bUl for the relief of Roy E.
lilndqulst; to the Committee on the Ju-
llclary.
H.R. 1380. A bill for the relief of Felix
R. Moss, colonel. U.S. Army; to the Commlt-
;ee on the Judiciary.
By Mr. GREEN of Pennsylvania:
H. Con. Res. 41. Concurrent resolution e.x-
pressing the sense of the Congress In the
;a£e of Margaret A. Wunderle: to the Com-
nlttee on the Judiciary.
By Mr. SAYLOR:
H. Con. Res. 42. Concurrent resolution rec-
ognizing the golf course of the Foxburg Coun-
;ry Club of Foxburg, Pa., as the oldest golf
course In continuous use in the United
States: to the Committee on the Judiciary.
CONGRESSIONAL RECORD — SEN ATE
January .4, 1973
By Mr. WHITEHURST:
H. Con. Res. 43. Concurrent resolution In
recognition of the 225th anniversary of Wash-
ington and Lee University; to the Committee
on the Judiciary.
PETITIONS, ETC.
Under clause 1 of rule XXII, petitions
and papers were laid on the Clerk's desk
and referred as follows:
1. By the SPEAKER: Petition of Associat-
ed Plumbing & Mechanical Contractors of
Florida, Inc., relative to local plumbing
codes; to the Committee on Banking and
Currency.
2. Also, petition of the annual meeting
of the National Association of State Park
Directors, Honolulu, Hawaii, relative to the
Federal Water Project Recreation Act; to
the Committee on Interior and Insular Af-
fairs.
3. Also, petition of the International
Northwest Aviation Council, Seattle, Wash.,
relative to aircraft hijacking; to the Com-
mittee on Interstate and Foreign Commerce.
4. Also, petition of the Italian Vietnam
Committee, Bertlnoro, Italy, relative to set-
tlement of the war in Vietnam; to the
Committee on Foreign Affairs.
5. Also, petition of Louis Mlra, Los Angeles,
Calif., relative to diplomatic negotiations; i
to the Committee on Foreign Affairs.
6. Also, petition of members of the trade
union group "Calculation" of the printing
shop "New Germany". Berlin, East Germany,
relative to settlement of the war in Vietnam:
to the Committee on Foreign Affairs.
7. A'so, petition of students of the Fried-
rich Engels Upper School, Karl Marx otadt,
East Germany, relative to settlement of the
war tn'»Vietnam; to the Committee on For-
eign Affairs.
8. Also, petition of the City Council, Mont-
peller, Vt., relative to the apportionment of
State legislatures; to the Committee on the
Judiciary.
9. Also, petition of the delegate assembly of
the Vermont State School Directors Associa-
tion. Montpelier, Vt., relative to the appor-
tionment of State legislatures; to the Com-
mittee on the Judiciary.
10. Also, petition of Sam Setter, Athens,
Greece, relative to redress of grievances; to
the Committee on the Judiciary.
11. Also, petition of the City Commission,
Bay City, Mich., relative to the clean water
bill; to the Committee on Public Works.
12. Also, petition of Thomas I. Emerson,
New Haven, Conn, et al., relative to the aboli-
tion of the Committee on Internal Security;
to the Committee on Rules.
13. Also, petition of the City Council, San
Fernando, Calif., relative to the establish-
ment of a national cemetery in California; to
the Committee on Veterans' Affairs.
14. Also, petition cf A. C. Hill. Lilbourn,
Mo., relative to pensions for veterans of
World War I; to the Committee on Veterans'
Affairs.
15. Also, petition of the City Council,
Youngstown, Ohio, relative to the use of
Federal revenue sharing funds for mass tran-
sit; to the Committee on Ways and Means.
16. Also, petition of the City Council, Los ■
Angeles, Calif., relative to regulating imports;
to the Committee on Ways and Means.
17. Also, petition of the City Council, Phila-
delphia, Pa., relative to tariff protection for
the domestic garment industry; to the Com-
mittee on Ways and Means.
^El^ ATE— Thursday January 4, 1973
The Senate met at 12 o'clock meridian
ind was called to order by the President
jro tempore (Mr. Eastland) .
PRAYER
The Chaplain, the Reverend Edward
L. R. Elson, D.D.. offered the following
prcyer:
Eternal Father, as we undertake the
tasks of this day. gratefully we remem-
Der before Thee Thy servant, Harry S
Truman. We thank Thee for his long
and distinguished service as a Member
of this body, for his high leadership as
President of the Republic, for his wisdom
and courage in difficult decisions, for his
efTorts to make and conserve the peace
Df the world, for his devotion to freedom
and justice for all, and for his manly
qualities which endeared him to so many.
May some portion of the dedication
which was his come upon us.
.\s we offer a piemorial for a past
Pi-e-ident. we pray also for the present
President that he may be given grace,
wi-sdom. and strength for the burdens
of tills age.
We lift up to Thee the Members of this
body into whose lives sorrow has so re-
:ently come. Grant to them the assurance
of our brotherly sympathy and the grace,
comfort, and strength of Thy pervading
presence. ,)
In the name of Him who is the resur-
rection and the life. Amen.
THE JOURNAL
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that thie read-
ing of the Journal of the proceedings of
Wednesday, January 3, 1973, be dispensed
with.
The PRESIDENT pro tempore. With-
out objection, it is so ordered.
TRIBUTE TO FORMER PRESIDENT
HARRY S TRUMAN
Mr. SCOTT of Pennsylvania. Mr.
President, as we pay tribute to former
President J'arry S Tniman, with whom
many of us served, we recall that this
was a very strong man. He made difficult
decisions. He served in time of w^ar and
i^time of peace. As the leader of our
miiion, he did not hesitate to be strong
v,hen strength was necessary. He did
what had to be done in the national
interest. He did it strongly. He did it
notwithstanding the criticism offered
against him. He moved sturdily and
steadily aherd with his purposes.
He brought about a situation which
enabled the succeeding President to end
a difficult war. He used the most power-
ful weapon available in the history of
mankind, with what reluctance no one
will ever know. But he did it.
The Nation honors that kind of
strength, as in time they will honor the
strength of every President who dares
to do what he thinks is right against
the second guessing of the clamorous
critics.
Elizabeth Barrett Browning once
wrote :
Happy are all free peoples.
Too strong to be dispossessed.
But blessed are they among nations.
Who dare to be strong for the rest.
Mr. President, that has been the role
of the United States — sometimes, we
think, too much. It has been the role of
the United States, at times, as in the
Marshall plan, to dare to be strong for
the rest.
As Truman, in using the Marshall plan,
held great sectors of tha|p-orld free from
tyranny and aggression, as Eisenhower,
in the landings at Lebanon, effected the
same results in maintaining the stability
of the Middle East, so must each Presi-
dent in the loneliness of his respon-
sibilities make these strong and difBcult
decisions.
I believe that Congress, concerned as it
is now with its prerogatives, will need
to remember that there is something
more important than prerogative, some-
thing more important than protocol,
something more important than head-
lines— and that is the security of the
United States.
We customarily extend broad trust to
a President in the course of the protec-
tion of the Nation. It tries cur souls and
stretches our patience at times when we
feel that we do not know all we would
Jannanj .4, 1973
CONGRESSIONAL RECORD — SENATE
like to know. It raises the question more
than once that the Senate may have ob-
ligations as well.
Mr. President, in the long run, the
country has found that the actions of
strong Presidents, courageously taken,
are apt to be ratified not only by the pub-
lic through the expression of its opinion,
bui also that such actions may well be
writ large on the history books.
So that I hope, as we enter this session
and extend our mutual benisons or bless-
ings one to another, we will at least tem-
per our language to the point where rea-
son may prevail and we may be able to
reason together as Isaiah commands us,
and as would be the course of wisdom.
So, Mr. President, I pay my tribute to
• Harry S Truman — strong man, brave
man. zealous man, earthy man — and a
good man.
We will all miss him.
MESSAGES FROM THE PRESIDENT
Messages in writing from the Presi-
dent of the United^ States were communi-
cated to the Senate by Mr. Geisler, one
of his secretaries.
EXECUTIVE MESSAGES REFERRED
As in executive session, the President
pro tempore laid before the Senate mes-
sages from the President of the United
States submitting sundry nominations,
which were referred to the appropriate
committees,
(The nominations received today are
printed at the end of Senate proceed-
ings.)
MESSAGE FROM THE HOUSE
A message from the House of Repre-
sentatives, by Mr. Beriy, one of its read-
ing clerks, annoimced that the House
had agreed to the concurrent resolution
<S. Con. Res. 1) to provide for the count-
ing on January 6, 1973, of the electoral
votes for President and Vice President of
the United States.
The message also announced that the
House had passed a joint resolution (H,J.
Res. 1 ) extending the time within which
the President may transmit the budget
message anc} the economic report to the
Congre-ss and extending the time within
which the Joint Economic Committee
shall file its report, in which it requested
the concurrence of the Senate.
The message further amiounced that
the House had agreed to a concurrent
resolution (H. Con. Res. 1) making the
necessary arrangements for the inaugu-
ration of the President-elect and Vice
President-elect of the United States, in
Which It requested the concurrence of
the Senate.
The me.ssage also announced that the
nou.se had agreed to a resolution ( H. Res.
1) which determines that there is a
vacancy in the 93d Congress in the repre-
sentation from the Second Congressional
uistrict in the State of Louisiana because
oj the absence of Representative-elect
Hale Hoggs.
The message further announced that
tfie House had agreed to a resolution ( H.
Res. 3) informing the Senate that a
quorum of the House of Representatives
has assembled; that Carl Albert, a
Representative from the State of Okla-
homa, has been elected Speaker; and W.
Pat Jennings, a citizen of the Common-
wealth of Virginia, Clerk of the House of
Representatives of the 93d Congress.
The message also annoiuiced that the
House had agreed to a resolution (H. Res.
14) relating to the deatli of Harry S
Tiuman, former President of the United
States.
The message further announced that
the House had agreed to a resolution <H.
Res. 15) communicating to tlie Senate
the intelligence of the death of Hon. Nick
Begich, a Representative-elect from the
State of Alaska.
The message also announced that the
House had agreed to a resolution (H. Res.
16) communicating to the Senate the
intelligence of the death of Hon. George
W. Collins, late a Representative from
the State of Illinois.
ORDER OF BUSINESS
Mr. ROBERT C. BYRD. Mr. President,
if the distinguished Senator from New
York < Mr. Javits i who was to be recog-
nized following recognition of the two
leaders under the standing order, will
yield to me for a few seconds
Mr. JAVITS, I am happy to yield to
the Senator from West Virginia if the
Chair will first recognize me. Then I shall
be prepared to yield.
The PRESIDENT pro tempore. Under
the previous order, the distinguished
Senator from New York iMr. Javits) is
now recognized for 15 minutes.
Mr. JAVITS, I thank the Chair. I now
yield to the Senator from West Virginia.
ARRANGEMENTS FOR THE INAUGU-
RATION OF THE PRESIDENT
Mr. ROBERT C. BYRD. Mr. President,
I ask the Chair to lay before the Sen-
ate a message from the House of Rep-
resentatives on House Concurrent Reso-
lution 1.
The PRESIDENT pro tempore laid be-
fore the Senate House Concurrent Reso-
lution 1, which was read as follows:
H. Con. Res. 1
Resolved hy the House of Representatives
(the Senate concviring) , That effective from
January 3. 1973, the Joint committee created
by Senate Concurrent'Resolution 63, of the
Ninety-second Co:igress, to make the neces-
sary arrangements for the inauguration of
the President-elect and Vice President-elect
of the United States on the 20th day of Jan-
uary 1973, is hereby continued and'for such
purpose shall have the same power and au-
thority as that conferred by such Senate
Concurrent Resolution 63, of the Ninety
second Congress.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous cousent for the imme-
diate consideration of the concurrent
rciioluiio::.
The PRESIDENT pro tempore. Is
there objection to the request of the
Senator from West Virginia?
There being no objection, the concur-
rent resolution (H. Con. Res. D was con-
sidered and agreed to.
DEATH OF FORMER PRESIDENT
TRUMAN
Mr.. JAVITS. Mr. President, I knew
President Truman very well. I join Sena-'
tor Scott in his tribute, and I also add
the following: i
I have rarely seen a President who was|
better briefed than was President Tm-i
man and who had a deeper perception'
of the ultimate interests of the United
States and the world in terms of peace.
I .saw him with particularity deal with
the affairs of Germany at\a. time when
it was possible to take a Very limited
view, such as the one described as the
Morgenthau plan, which v.ould have
made Germany pastoral, or a very broad
view which simply would have forgotten
the past and might again have led Ger-
many into some ultranationalistic fervor.
President Truman did neither, but ap-
proached the problems of Germany with
the idea of integrating Germany into
a new, united Europe, the whole thrust i
of the Marshall plan, and it turned out
to be one of the most statesmanlike acts
of the career of any President.
Also, Mr. President. I have had the!
hoiioi and pleasure of knou-ing intimate-
ly Mrs. Daniel, his daughter, and her
husband; and I have reflected with them
many times upon the statesmanship, the
humanity, the common decency, the
sense of justice, and the enormous res-
ervoii-s of information of this man, who
had a limited formal education, but be-
came one of the truly outstanding Presi-
dents of the United States and one of
the outstanding statesmen of the world.
I join my colleagues in expressing my '
tribute and memorial to this distin-
guished man and distinguished Pres-
ident.
DEATH OF LESTER PEARSON. FOR-
MER PRIME MINISTER OF CANADA
Mr. JAVITS. Mr, President, I state
with regret to the Senate the passing of •
Lester Pearson, former Prime Minister
of Canada, winner of the Nobel Peace
Prize, a world citizen of great dimen-
sions.
He was a member of the Committee of
Nine, the so-called Nine Wise Men of
NATO, over wliich I had the honor to
preside. His loss there is tremendous in
terms of the world.
I have expressed for myself and my
wife our condolences and sense of loss
to Mrs. Pearson. I ask unanimous con-
sent to have that letter printed in the
Record as part of these memorial re-
marks.
There being no objection, the letter '
was ordered to be printed in the Record.
as follows:
1
.^^ Mrs. J.-ivlts and I send you our deepest
condolences on the passing of Lester. He was
a very dear and old friend of mine and the
flrst to accept service on the Committee of
nine distfngut<!hed p.-.rllamentarla-s and ex-
parliamentarians established by the North
Atlantic Assembly to make fccommcndatlons
on the future of the North Atlantic Alliance.
Even there, after so many years of service
he .-howed enormous spirit "and competence
and leadership and no meeting of the Com-
mittee without him was or will be the same.
The whole cause of peace in the world has
78
CONGRESSIONAL RECORD — SENATE
Jayiiiary U, 197 S
lost a powerful and gifted friend • and we
shall feel it very keenly and currently in our
committee. I know your loss is a grlevoua
one. though he liv^d such a rich and distin-
guished life, but It may help to know that
his colleagues like myself understood his
quality and valued him so highly.
With every good wish to you and your
family.
Sincerely,
J.'iCOB K. Javits.
i
ORDER iF BUSINESS
The PRESIDENT pro tempore. Under
the previous order, the Senator from
Vh-ginia tMr. Harry F. Byrd, Jr.) is
recognized for not to exceed 15 minutes.
I The remarks of Senator Harry F.
Byrd, Jr., are printed in the Record un-
der Statements on Introduced Bills and
Joint Resolutions. I
TRANSACTION OF ROUTINE
MORNING BUSINESS
The PRESIDEN'r pro tempore. Under
the previous order, there will now be a
period for the transaction of routine
morning business for not to exceed 2
hours, with statements therein limited to
15 minutes.
CONTEMPTUOUS ATTITUDE OF EX-
ECUTIVE DEPARTMENTS SHOWS
NEED FOR CONGRESSIONAL RE-
ASSERTION OF POWER
Mr. PROXMIRE. Mr. President, over
the last few weeks I have had a series of
hearings with my Joint Economic Com-
mittee. High ranking^ members of the
Nixon administration Have refused to ap-
pear before the~Joint Economic Commit-
tee of the Congress. To add insult to in-
jury, on at least two major occasions
they would allow no one else to appear
in their place.
I find this not only bad manners, in-
sulting, and arrogant, but far more im-
portarjj, a contemptuous attitude of the
administration towards Congress.
Furthermore, it shows a distinct ab-
sence of understanding of the spirit of
the Constitution of the United States, a
lack of respect for the division of powers,
and a failure to comprehend and carry
out the fundamental principle that open
debate and inquii-y serve, better than any
other instrument, the interests of a free
people and a free society.
The three most recent instances of^
contempt of Congress and the Joint Eco-"
nomif Committee involved Secretary
Romney and HUD, Secretary Volpe and
the Department of Transportation, and,
to a lesser degree, the Chairman of the
Civil Aeronautics Board.
Mr. President, in each of these cases
with respect to the Joint Economic Com-
mittee, several significant witnesses were>
promised to the committee. We were as-
sured they would come, their appearance
was arranged and formalized, and then,
within 24 hours of the time to appear,
their appearances were canceled, and
no significant reason was given. It was
said that the department was now in
a state of transition, in the case pf the
Department of Transportation, for ex-
ample and, therefore, they would not
appear.
Mr. President, if this were an isolated
instance, I would not be on the floor of
the Senate raising the point this morn-
ing. It is not isolated, however. This has
occurred repeatedly in my experience. It
has occurred with respect to housing, it
has occurred with respect to the Depart-
ment of Transportation, and, as I say,
it has occurred with respect to the CAB,
the Civil Aeronautics Board. It has also
been a matter which has very much con-
cerned the Appropriations Subcommittee
on which I have had the honor to serve
as chairman, the Subcommittee on For-
eign Operations. Tliftre again the admin-
istration, after indicating they would
appear, refused to send even their liaison
man to appear. Nobody from the admin-
istration would appear before this sub-
committee of the Appropriations Com-
mittee.
Let me be specific and cite the three
specific instances where a department
or agency of the Government has been
contemptuous to the Joint Economic
Committee. Then I shall cite an addi-
tional example involving the Appropria-
tions Committee as well as the most re-
cent rebuff to the Foreign Relations
Committee of the Senate.
SECRETARY ROMNEY AND HtTJ'S REFUSAL'
APPE.AR
Housing is one of the major economic
issues before the country. It affects em-
ployment, unemployment, and the money
markets as do few other economic enter-
prises.
The Joint Economic Committee is
charged by the law of the land; namely,
the Employment Act of 1946, "to make a
continuing study of matters relating to
the (President's! Economic Report" and
in addition to the committee's annual re-
port "from time to time to make such
other reports and recommendations to
the Senate and House of Representatives
as it deems advisable."
Because of continued high unemploy-
ment, the failure of Congress to pass the
Housing Act of 1972, the scandals con-
nected with HUD'S administration, and
the general question of housing's effect
on the recovery of the economy, the
Joint Economic Committee's'Subcommlt-
tee on Priorities and Economy in Gov-
ernment scheduled hearings on Housing
for December 4, 5, and 6 of 1972.
Secretary Romney was invited to ap-
pear before the committee and agreed
to testify on December 6, but later was
scheduled for December 7 at his request.
Yet, a few days after he had agreed
to appear, SecretaiT Romney informed
the committee that he would not appear
at aU. Not only that but he also refused
to make any other — I repeat — any other
HUD representative available to testify.
This was especially ironic because Sec-
retary Romney had been making speech-
es all over the country to private groups
addressing the issues that were before
the committee. It was also ironic because
Secretary Romney. in a press conference
at almost the precise time, complained
bitterly that during the recent election
political figures had failed to raise, dis-
cuss, and address themselves to what he
called the "real issues" before the coun-
January 4, 1973
CONGRESSIONAL RECORD — SENATE
79
try. Finally, it was ironic because his
own legislative liaison scheduled a pri-
vate meeting on Capitol Hill during the
period of the hearings at which repre-
sentatives from some 40 congressional
offices were invited to attend. This meet-
ing was held to discuss HUD policy in
one of the critical areas of the JEC hear-
ings: namely, public housing policies.
Secretary Romney 's statement that he
felt it was not. the proper time to appear
was a feeble one because first, he is to
continue in office until his successor is
confirmed, probably until February, and
second, he refused to allow anyone else
to appear. At best he is telling the Con-
gress that for a period of 3 months we
have no right to question him and his
policies. To state that fact is to reveal
its absurdity and its impropriety.
I say that those actions were con-
temptuous of the Congress and the rights
of Congress and the people of the United
States to take testimony from those who
hold stewardship over the policies of this
Government.
THE CASE OF THE DEPARTMENT OF
TRANSPORTATION
On December 27 and 28 I scheduled
hearings before the Joint Economic
Committee's Subcommittee on Priorities
and Economy in Government on the sub-
"ji^t of possible Federal Government sup-
pott for the development of a new super-
soriw: transport.
Troere was good reason for this. Vari-
ous grbups have been pressing the Gov-
ernmeiT^to renew its subsidies for such
a prograrn. Long, special pleading arti- j
cles have appeared in some of the lead- ]
ing magazines of the country. And the
attempts by the aviation industi-y itself
to resurrect this issue, especially wi^
the advent of the Concorde, have been
intense. I therefore called hearings on
this important subject.
Ai-rangements were made for the De-
partment of Transportation to send Dr.
Robert H. Cannon, Jr., Assistant Secre-
tary for Systems Development and Tech-
nology, and for Mr. Frampton E. Ellis,
Jr., Director of the PAA's Supersonic
Transport Oflfice to appear on Decem-
ber 27. This was the result of my in-
vitation to Secretary Volpe and FAA Ad-
ministrator John H. Shaffer.
After confirming the arrangement by
phone on December 18 and further con-
firming it by letter on December 21, the
Department of Transportation notified
me on December 26, the day before the
hearings, that Messrs. Cannon and Ellis
would not appear. No reason was given
and no substitutes were offered or sent.
It was an abject refusal of representa-
tives of the Department to appear.
THE FAILITRE OF THE CAB TO APPEAR
In addition. I am sorry to say that my
old Friend, Secor D. Browne. Chairman
of the Civil Aeronautics Board, also :an-
celed his appearance on December 27.
But he did so after telling me that he
had a long-standing commitment to his
family and after submitting a state-
ment. While the question of his commit-
ment to his family did not come up
when he first accepted, at least he had
the good grace to phone me, offer some
reason, and at least submit a statement.
This, I am unhappy to report, was not
the case with either Secretary Volp^
Mr. Shaffer, or their designated wit-
nesses.
AFFRONT TO CONGRESS
I consider these instances an affront
to Congress by an arrogant administra-
tion. In addition, I believe that in both
the case of HUD and DOT the orders
were really issued from higher sources.
The point should be clear that in each
case I made no demand that the Secre-
tary of HUD or the Secretary of Trans-
portation appear. They not only refused
to appear but, in one case refused to
send a substitute and in the other case,
canceled the appearance of a substitute
without any reason.
These three instances all happened
within the last few days and involved
the Joint Economic Committee.
DEFENSE DEPARTMENT ARROGANCE
Now let me turn to an instance which
occurred last year. As chairman of the
Subcommittee on Foreign Operations of
the Senate Appropriations Committee. I
was in charge of what is called the for-
eign aid appropriations bill. As usual,
the funds for fiscal year 1972 were in
grave dispute.
Essentially what happened was this.
On July 1. 1971. a continuing resolution
for foreign aid was passed which al-
lowed spending to be continued "at a
rate not in excess of the current rate
or the rate provided in the budget esti-
mate, whichever is lower." That is the
common language of a continuing
resolution.
Subsequently, the Senate passed a
military assistance provision for the bil'
providing $350 million. The House pro-
vided $500 million. The figures were in
dispute between the two Houses.
But when we went to conference, the
Senate learned that with nothing in hand
but the general language of the continu-
ing resolution, the Department of De-
fense went to the Ti-easui-y 5 days after
it waAjassed and drew down 71 percent
of thfe annual amount established by the
contijiuing resolution. Instead of getting
10 percent or a monthly or 6 weeks' al-
lowance, the DOD drew down almost 9
months of the yearly amount during the
first 5 days of the year.
By the time the Senate went to con-
ference with the House, the DOD had
drawn down about $500 million. Tlie is-
sue, then between the Senate provision
for S350 million and the House provision
for $500 million, was rendered moot by
the arbitrary action of the Department
of Defense.
That in itself was, in my view, an usur-
pation of power unwarranted by the lan-
guage of the continuing resolution and
especially unwarranted by its spirit. And
it was done at a time when the President
and his aides were denouncing Congress
as the "big spenders."
Near t^ie end of fiscal year 1972 when
a new continuing resolution was before
^us for fiscal year 1973, I offered an
amendment which would have prevented
the Department of Defense from pulling
the same shenanigans again under the
new continuing re.solution.
The Appropriations Subcommittee
wished to hear testimony from the De-
fense Department on this issue and the
DOD were invited to appear and to ex-
plain their action of the previous year.
But they failed to appear. Tliey re-
fused to send a representative.
The staff director of the Appropria-
tions Committee, Mr. Scott, who had
been with the committee for 25 years,
could recall no other case in which any
Department had refused to appear or to
send a representative when requested to
by the Appropriations Committee.
At that stage our only recourse was to
cut off their funds entirely. Perhaps we
should have done that but we refused to
do it because of our feeling of responsi-
bility to the country and for the orderly
arrangement of affairg.
This failure by the Defense Depart-
ment to appear is the fourth example
within a single year in which I was per-
sonally involved when a great depart-
ment of Government acted contemptu-
ously toward the Congress.
OTHEB RECENT EXAMPLES
Mr. President, there have been other
recent examples, not affecting me per-
sonally or any committee I serve on, but
they should alarm and concern Repub-
licans as well as Democrats in the Senate.
The refusal this week of Secretary of
State Rogers and and Mr. Henry Kis-
singer merely to brief the members of
the Senate Foreign Relations Committee
is another in the series of contemptuous
actions by the executive departments
towards the Congress of the United States
in recent months.
In this instance, due to the delicate
nature of the negotiations, they were not
asked to testify formally before the com-
mittee, but merely to brief members. This
they refused to do even though that com-
mittee has jurisdiction over matters, to
quote from the Senate rules, relating to
the "Relations of the United States with
foreign nations generally."
CONSTITUTIONAL CRISIS?
These repeated refusals either to ap-
pear or to brief Members of Con-
gress have raised issues which are now
properly described as approaching a con-,
stitutional crisis.
It has happened both in domestic and
foreign affairs.
TIME TO CALL A HALT
It is time to call a halt to this situation.
Ironically it is an administration now
asserting vast executive power which
represents a party which has decried such
usurpation of executive power for al-
most 40 years since the day when Frank-
lin Roosevelt was sworn into office.
But I believe in a division of power
between the branches of our Govern-
ment as the Constitution authorizes. For
one, I intend to assert and reassert the
basic rights and responsibilities of Con-
gress in every effective and proper way
T can.
The executive branch has thrown down
the gauntlet. It has made the challenge.
The Congress must not only resist that
challenge but must reassert its rights and
obligations at every appropriate time in
the future and with every proper weapon
at its command.
Here is one Senator who serves notice
that he intends to follow that policy.
Mr. President, it ii unfortunate, and I
must say I regret very much, that I feel
compelled to make this kind of a speech
at the opening of the session of Congress.
The President just won an oven\-helming
mandate from the people, or at least
overwhelming personal approval. He car-
ried my State, as he did all except one
State of the Union. It is a time when we
wish we could work closely with the
President, and I hope we can.
I think we can, but I think if the
President is going to work closely with
Congress, it will be necessary for him to
cooperate with us far better than in the
last 2 or 3 months since the election.
The ver?* least Congress should expect
from the President of the United States
is that he should give us necessary
information.
We do not expect him to concur in all
our views, any more than we would ex-
pect to concur in all of his. When the
President's proper representatives are
invited to appear before a committee of
the Congress of the United States, it is
obvious that they cannot always appear
at a time the chairman would like, and it
is obvious that they will sometimes have
to send substitutes. But when they refuse
to send anyone, and when, after having
scheduled an appearance, they cancel it
at the last minute, without making any
kind of reasonable explanation, it seems
to me that the Senate and the House of
Representatives, when treated this way,
simply must protest and plead with the
administration to recognize that if our
system is to function, it can function
only with full cooperation and a willing-
ness on the part of the administration to
share theii- views and their positions on
these vital matters viith Congress.
Mr. President. I yield the floor.
QUORUM CALL
Mr. MdGOVERN. Mr. President. I sug-
gest the absence of a quorum.
The PRESIDING OFFICER (Mr. Sax-
BE). The clerk will call the roll.
The legislative clerk proceeded to call
the roU.
Mr. McGOVERN. Mr. President, I ask
unanimous consent that the order for
the quoi-um call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
VIETNAM
Mr. HARTKE. Mr. President, in the^
Democratic caucus this morning the
Democrats agreed to a resolution spon-
sored by the Senator from Massachu-
setts (Mr. Kennedy) and the Senator
from Idaho (Mr. Chttrch) to bring an
end to the war in Vietnam. At that time
I voted present on that j-esolution. I am
in agreement with the intent of the reso-
lution but I am of the opinion more sub-
stantive action should be taken at this
time.
I have talked to the Senator from
Massachusetts (Mr. Kennedy) and the
Senator from Idaho (Mr. Church i . They
indicated their Intention to introduce the
resolution today. Mr. President. I ask
unanimous consent that the resolution
be printed in the Record.
There being no objection, the resolu-
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CONGRESSIONAL RECORD — SENATE
January ^, 1973
tioi was ordered to be printed in the
Re|:ord, as follows:
Resolution i
hereas. the President has ordered exten-
mlUtary combat operations without
no<lflcatlon of. consultation with, or ex-
plafiatlon to the Congress, as evidenced by
recent unprecedented and reprehensible
ing of North Vietnam which resulted
killing of civilians and a substantial
se in the numbers of American POWs
missing: and
^^fhereas. the U.S. has more than fulfilled
obligation It ever had to South Vlet-
and the Thleu regime; and
.'hereas. Section 601 of Public Law 92-156
Mansfield Amendment) established as
policy the withdrawal of all U.S. mill-
forces from Indochina by a date cer-
pendlng only release of American prls-
rs and an accounting of the missing;
fow therefore be It resolved that the
De^iocratlc members- of the House of Rep-
ntatlves herebj' declare it to be Demo-
ic policy In the 93rd Congress that no
further public funds be authorized, appro-
ted or expended for U.S. military combat
■.aions in or over Indochina and that such
op^atlons be terminated Immediately, sub-
or.ly to arrangements necessary to In-
safe withdrawal of American troops
the return of American POWs. and ac-
nting for the missing In action.
] ^r. HARTKE. Mr. President, presently
th^re is strong public opinion against
war in Vietnam. This was not al-
,-s the case. Many of us were opposed
the war. when it was not popular
be against the war. Those of us
.: Ling to take that unpopular stand at
t time were chastised, criticized, and
practically everything under the sun was
dofie to make our position as lincomfort-
as possible.
' The situation at present is that the
President has been reelected and Mr.
on has indicated he intends to con-
tinjue his negotiations policy. A policy
h is conducted unilaterally without
advice and consent of the Senate.
Neither the public nor the Members of
Congress are informed or consulted
the President acts. For example,
one I know has anj- idea why the
President resumed the bombing of North
tnam; whether he has any hope of
otiating a settlement: and whether
has any concrete plans for a final
tlement for the end of the war in
itnam.
; have said that no President is going
?nd this war without having egg on his
. I repeat that statement today. This
colintry has egg on its face. That is not
desirable position for our country.
netheless the United States is not
,ed in its best light by the other coun-
s of the world. The Vietnam war was
:ni5take in the beginning and it is a
mistake now. The sooner we end that
r the better.
[ introduced a resolution in the last
Cqngress which said, in effect, "out new."
President, if you had heard the
Democratic caucus this morning, you
would have said "out now.'* I do not
'1 this is the proper time to take ac-
only in the caucus. I offered a mo-
to table the resolution offered in
us this morning, because I believe if
are going to end the Vietnam war. the
^nate must take affirmative action. The
re solution that was offered in the caucus
r icl
ien
K w<
Kin
idn
auci
should be brought to the floor of the
Senate and considered immediately by
this body.
Of course, .su::^h action will not occur.
The resolution w:ll be introduced and re-
ferred to the Committee on Foreign Re-
lations, and we will wait on action by the
President. The introduction of a resolu-
tion to end the war may ease the con-
sciences of those who feel offended by
the President's inaction, but the resolu-
tion has no immediate force and effect
to end the killing or end this war.
The Senate and the American public
should be wary of relying on the Presi-
dent to act. We have waited 4 years and
still no end to the war is in sight. To be
sure certain activities have been put for-
ward as somehow or another to give the
feeling to the Amexiettf. people that the
President is acti({gySIRtinatively to end
the war. I think such acmon is a subter-
fuge. It is a subterfuge' which the Pres-
ident is mtentionally laaiaing us into. For
example, the Senate inVwie belief that an
end to the war is at hand is turning to a
periphal Lssue of whether or not we are
going to do anything about the preroga-
tives of the President.
I have listened to people, including
our candidate for President, the Sen-
ator from South Dakota iMr. McGov-
ERN I . speak about the constitutional
question. Rather than to engage in the
discourse of constitutional question we
must end the war immediately.
The American people are not ade-
quately apprised of what is happening
in Vietnam. For example, there is talk
of a cease-fire. A cease-fire is not a polit-
ical settlement, but such is the impli-
cation made to the American people. We
need affirmative action now to end the
war in Vietnam. An introduction of a
resolution without further action does
not end the war in Vietnam now.
' This resolution without immediate ac-
tion is meaningless. It is meaningless to
promote it in caucus and it is mean-
ingless to introduce it in the Senate be-
cause the Committee on Foreign Rela-
tions has agreed not to act until the
President is inaugurated. In other words,
we are going through another useless
Exercise.
I have spoken about the war in Viet-
nam for a long time. There is not the
fervor among the people that there was
a few years ago when I addressed a
moratorium where a half million people
were present. If that meeting were called
today we would be lucky to have an
attendan.-e of b.OOO people
The reasons for the decline in interest
are twofold: first, the draft is not an
important issue; and second, the casualty
I list is not as heavy .
I think the Senator from Idaho <Mr.
Chupch) expressed it correctly in the
caucus whexi he said the only real way
to s-c:: tins milita/y power from being
used in Indochina is to cut off funds
which have been appropriated and not
av prcpriate any funds in the future. Un-
fortunately this Congj^ess and this Sen-
ate is not going to take that action.
Thereforg. I think it is wrong to mislead
the American people into believing the
Congress is so inclined to act. It is high
time we recognize that we either stand
up and be counted as opposed to this
war or say we are going to let the Presi-
dent do as he pleases.
I have sooken out against this war
consistenily since 1963. I broke with my
own President, President Johnson, on
February 7 of 1965. over the issue of this
war, so I do not have to apologize for
my opposition. But I think it is impor-
tant for those who have been latecomers
in their opposition to this war to do
something more than make emotional
speeches.
ORDER THAT HOUSE JOINT RESO-
LUTION 1 REMAIN TEMPORARILY
AT THE DESK
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that a message
from the House of Representatives on
House Joint Resolution 1 remain tempo-
rarily at the desk.
The PRESIDING OFFICER. Without
objection, it is so ordered.
THE DEMOCRATIC CAUCUS
ACTION ON VIETNAM
Mr. McGEE. Mr. President, the mem-
bers of my party in this body have just
emerged from an extended caucus which
consumed the morning. One of the ac-
tions of this caucus was a very strong
ratification of a proposal by the senior
Senator from Massachusetts renewing
several prior actions of this body to cut
off funds for the war, provided our pris-
oners are released. I want to take this
opportunity to explain for the record why
I felt compelled to vote "No" on that
proposal.
Most of us have been torn very badly,
shocked very deeply, by the events that
have transpired in Southeast Asia, par-
ticularly since election day. November
last. The resumption of the bombing, the
consequences of that bombing, the dis-
couragement and further delay in arriv-
ing at a settlement in Southeast Asia —
all have combined to have a shattering
effect on most of us.
How, then, could one vote "No" on a
proposal to cut off funds for the war? The
answer is a very direct one. Mr. President.
By any stretch of the imagination, no
action that could be taken in a Demo-
cratic caucus, no action that could be
taken on the floor of this body, under
its rules, can stop the war right now.
Therefore, I think we ought to be adf
di-essing ourselves to the question of^
How do we most quickly stop the war?'
I think there is almost no disagreement
left on the importance of brinsing those
hostilities to an end. Well, in my judg-
ment, the little string of hope that is
yet left for stopping the war fairly soon
is the recent announcement that nego-
tiations will be resumed in Paris next
Mondry.
There are some of my colleagues who
think this is iust another hoax. There
are some w^ believe it to be a deliberate
trick to allay the critics. There are some
who, like myself, just do not know. We
are not that smart. We have not had
that much information from the White
House, for whatever curious reasons
would cause it to withliold consulting
January ^, 1973
CONGRESSIONAL RECORD — SENATE
81
with at least the Foreign Relations Com-
mittee upon request. I might add. Mr.
President, that I think that v.'as a serious
misjudgment by somebody downtown.
Perhaps the President himself made the
decision. But be that as it may, what has
been done has been done. We are not
going to change a single bombing raid.
We are not going to recover a single lost
life by what we do here at this partic-
ular moment. The question is how we
can stop the war sooner? what is the
best chance we have?
I think that we have to face the fact
that our prayers will be answered — that
somehow the negotiations this time may
work. We have no real a.ssurance that
they will. But it is about the only hope
here for the time being.
So, I raise this question. What does a
resolution out of a Democratic caucus,
or a Republican caucus, or a resolution
out of the Senate itself contribute to
stopping the war the. soonest? I fail to
see that it makes any contribution in any
substantive way.
On the other hand, I cannot see but
how it might interfere with the chances
for a cease-fire. We canbot add it up in
any rational way as to where it could
speed up such a decision for a cease-fire.
However, it may rock the boat in this
delicately sensitive movement so that it
could defer a settlement, or maybe the
negotiation's at this time.
I think it behooves a Senator — whether
he be a Democrat, a Republican, a lib-
eral, or conservative — if he is genuinely
concerned with stopping the war, to be
more realistic about what measure can
stop the war.
The best chance at this moment is that
somehow we luck out in Paris, that some-
how enough pieces can be fitted together
so that the horrible conflict and the kill-
ing in Indochina will come to an end.
In my judgment, this is the moment for
silence on the part of Members of the
Senate. It is only for that reason that
I take this position. It is not a petition to
delay or defer action by the Senate as
long as ive can come to grips with the
problein of stopping the wa'Ky But we do
not stop the war by resolution?- We cannot
stop the war by cutting off funds now be-
cause v.e c mnct cut them off today.
The funds on which they are now op-
erating are already in the till. They have
been authorized and ratified bv this body
in the recent months of the last Congress.
They will not run out until the fiscal year
ending this next June 30. And any tem-
porary or emergency measures we might
seek to institute from here on can have
no effect for many weeks.
Tiiat is why I call into question the
kind of judgment that would ruj-h into
the breach here with still another reso-
lution at the very moment when there
may be negotiations about to get under-
way.
That was the sole reason for my voting
against the resolution. It was riot only
poorly timed, as I assessed it, but it also
comes with ill grace to offer it in such a
precipitous manner.
For better or for worse, the President
of the United States under the Constitu-
tion is tile officer in charge as the war
winds down. He is the Commander in
Chief. '
There is no role for this body to play
which can terminate the war on any
given day. And for that reason it is my
petition that we try to provide an op-
portunity for what little chance there
may be lor success in the negotiations to
work itself out toward the termination
of tliis conflict.
I am prepared, as many of my col-
leagues are now. to readdress myself to
the new standards and to the larger ques-
tion of what the Senate ought to do in the
days r.head of us in making policy in the
future in collaboration with the Chief
Executive. But those are questions quite
separate from what is proposed at this
particular moment. Oh. I am mindful of
what the House did. I do not think that
it should ever be the role of the Senate
to try to run a more exciting public
image race than the House of Represent-
atives.
I think our first prerogatives are to be
Senators and to be responsible Swiators.
We have a more particular responsibility
under the Constitution as it affects the
foreign policy of this country. And I
think it would behoove us now at least
not to foul up the chances of what may
be going on in Paris toward reaching
some kind of a successful end to the war.
Where we go beyond that point, we will
have to arrive at in our collective judg-
ments somewhat down the road ahead. I
think it is important right now that we
give the President and the peace nego-
tiators a chance rmd let the hopes of all
peoples, whatever their side on this ques-
tion, come into fruition in a termination
of this bitter, costly, bloody, and tragic
conflict in Southeastern Asia.
V/e do that best by being less ram-
bunctious with our resolutions.
Mr. HARRY F. BYRD. JR. Mr. Presi-
dent, will the Senator yield?
Mr. McGEE. I am happy to yield to
the Senator from Virginia.
Mr. HARRY F. BYRD. JR. Mr. Presi-
dent, the able Senator from Wyoming has
made a powerful presentation of the rea-
sons why many of us voted in opposition
to the resolution offered by the dis-
tinguished senior Senator from Mas-
sachusetts.
The Senator from Wyoming in his re-
marks made the case far better than
could the Senator from Virginia. The
Semtor from Virginia finds himself in
thorough agreement with the reasoning
just presented to the Senate today by
the Senator from Wyoming.
What deeply roncerns me about such
a resolution as that presented this morn-
ing in a partisan, political caucus is what
effect it may have adversely on the very
delicate negotiations which our Govern-
ment is now undertaking or will be
nndeitaking come Monday.
None of us knows just how the peace
negotiations might be affected by resolu-
tions adopted by one political caucus or
another within the Congress of the
United States. For that reason. I took the
same view as did the Senator from
Wyoming and voted in the same way, in
opposition to the resolution presented by
the Senator from Massachusetts.
All of us want to get this war over with
at the earliest possible time.
I suppose I am one of the few Members
of the Senate who never at any single
time in my career in the Senate has at-
tempted to justify the putting of ground
troops in Southeast Asia. It was a grave
error in judgment. I have said that in
this Chamber hundreds of times in the
last 6 or 7 years. I want to see this war
completely ended.
But I question the wisdom here at this
late hour, when the negotiations for
peace are hanging on suoh a fragile
tliread. that we should take action in a
partisan caucus which tends to under-
mine^ur Government's negotiating ef-
forts— which could give encouragement
to our adversaries in Paris to hold out
still longer in these peace negotiations.
All of us must pray that the nego-
tiations will succeed. None of us knows
just what the situation is at the moment.
For that reason, I felt it desirable and
appropriate as a U.S. Senator to vote, as
did the distinguished and able Senator
from Wyoming, in opposition to the res-
olution this morning.
Mr. McGEE. I thank the Senator from
Virginia for his comments.
The PRESIDING OFFICER (Mr.
Chiles'. The time of the Senator from'
Wyoming hi t expired.
Mr. McGEE I as'-: unanimous consent
that I may have 4 or 5 additional min-
utes, so that I might yield to my colleague
from Wyoming.
The PRESIDING OFFICER. The jun-
ior Senator from Wyoming can be recog-
nized in his own right.
Mr. HANSEN. I ask unanimous cmi-
sent, Mr. President, that the distin-
guished Senator from Wyoming might
respond as he .'■ees fit to observations 1
am about to make on mv time.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. HANSEN. Mr. President. I com-
pUment my distinguislied and cherirhed
colleague from Wyoming for having ad-
dressed this body as he just has, and wish
to compliment also my veiy good friend
from Virginia for his observations.
Though, as everyone knows. I am not a
member of that caucus, I must say that
I share the same sentiments.
I was confronted \tith a somewhat
similar situation in a Republican caucus
yesterday as that which confronted mv
good friends on the other side of the aisle:
and it occurs to me that something use-
ful may well be gained by reading Ver-
mont Royster's editorial in the Will
Street Journal. Believing as I do that Mr.
Rovster makes some very relevant com-
ments to this subject. I have asked th.it
his editorial be printed in the Record.
He calls attention to the career of
President Truman, a great American, a
man whose lo.ss has been mourned by
almost every one of his countrymen dur-
ing the last few days.
He points out that at the time of Mr.
Ti-uman's occupancy of the White House,
he was not the most popular of men. It
was he who made the heavily weighing
decision to use the atomic bomb. It was
he who introduced the Marshall plan and
followed through on NATO. It was he
who decided that a line should be drawn
in Korea.
It seems to me, as I am certain it did
to Mr. Royster, to be awfully tempting,
these days, to make a lot of judgments
and a lot of decisions based upon the
=^2
CONGRESSIONAL RECORD — SENATE
January k, 1973
jmotions that overwhelm all of us. The
leadlines and stories in the press and the
•eports on television certainly would
I'onstram any normal person to say, "If
here is some way of stopping this tragic
var, let us do it."
But. as was pointed out by Mr. Royster.
sometimes, were we to act upon such
mpulses and respond to such emotions,
ive might be making some very tragic,
errors, and I pointed out in the state-
;nent that accompanies his" editorial that
[ am .somewhat older than the average
age of Members of this body, and I
[^.appen to remember pretty well the con-
i-ictions and desires of a lot of people
It the time of World War II who said.
•If there is some way of finding a better
answer than fighting yet another world
war. let us do it."
I would ask my distinguished colleague,
a very distinguished historian and I
think one of the best speakers to have
entered this Chamber for some period
of time, if he does not agree with me
that 'when you look at the alternatives,
trasic though our losses now are, it might
not be better to do precisely as my col-
league has suggested we do than to take
the actions that would follow a course
recommended by some at the moment.
Mr, McGEE. I would reply to my col-
league that historically, at least as I see
history, the situation cries out for a
little less promiscuity, or exhibitionism,
or sloganizing, at the very moment when
what little hope there may be, of some
kind of success for the new talks in Paris,
if any at all. hangs in the balance.
What similar conduct could have done
to the events in World War II to which
the Senator has referred, after the Battle
of the Bulge had gone badly, had we
tried to play general or President, would
have been totally disastrous. Admittedly
the circumstances are somewhat differ-
ent now in historical terms, and perhaps
there are those of us who are guilty of
overreacting to the parallels of our
earlier historical experience as they led
up to World War II. But we still have to
ask ourselves, even so, what are the other
options, as the Senator has suggested.
What are the otli?r ortions? We w:int
to stop the war. But how do you stop
it rtith a resolution, at the very moment
when that same? resolution may indeed
iC'Ul up the best intention? of every one
in Pans to try to get the thing stopped
or at least quieted? We do not yet know
.what we have a risht to expect.
I know what the popular position is
The popular position is to say, "T am
going to stop this right now." Anci. God.
I wish we could. I wish we had some
power in the palm of our hand to do it
right now.
But not one of our colleagues here has
discovered what that secret is. The best
chance we have is for these negotiations
to succeed and get it stopped. Somewhere
farther down the road— it takes a long
time — we may find some legislative re-
course to stop it. But we are not going to
do that this week nor next week, nor the
week after.
All I am saying is that there is plenty
of time for resolutions. This is less a time
for being popular. Mr. President, than it
is a time for being responsible. Those
two do not always go hand in hand. But
I think our sense of responsibility should
now rise and take precedence over our
understandable despair and discourage-
ment and our temptations to try to get
a lot of pats on the heaa>for saying things
that all of us like to hear at this partic-
ular hour in this long conflict.
So my plea is for responsibility ahead
of popularity.
Mr. HANSEN. Mtr. President, I would
like to express once more my apprecia-
tion to my colleague, the senior Senator
from Wyoming, for articulating so well
what he and I believe are the impor-
tant considerations that must face any
person carrying the heavy burden of
responsibility.
I think that we are not equipped now,
in the light and the emotions of the
day and without more precise knowledge
of the sensitive negotiating involved
fairly to judge the wisdom of those per-
sons making important decisions. I sus-
pect that we are going to have to leave
that to history, as we have done for a
long, long time, and my guess is that his-
tory will be slow in its judgment, but it
will be fairly accurate in its judgment.
In the long run, I share the opinions
of my two colleagues now present in the
Chamber, the distinguished Senator
from Virginia (Mr. Harry F. Byrd. Jr.)
and my colleague from Wyoming 'Mr.
McGee), that what we should try to do
is to support those in positions of power
and responsibility In making judgments
that will best serve the long-range in-
terests of America, and not try to take
actions which may please some of us at
the moment but may, in light of future
experience and access to detailed knowl-
edge Oi what is at stake, turn out to have
been very poor decisions.
ORDER OP BUSINESS
The PRESIDING OFFICER < Mr. HuD-
DLESTON> . Is there further morning busi-
ness?
AUTHORIZATION FOR INTRODUC-
TION OF A BILL DURING THE AD-
JOURNMENT OF THE SENATE
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the dis-
tinguished Senator from Hawaii iMr.
Inouye* be authorized to introduce a
bill during the adjouniment of the Sen-
ate over until Saturday, that the bill be
appropriately referred, and that it be
piinted in the Record of Saturday.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President,
by way of explanation, the bill relates to
shipping strikes affecting the State of
Hawaii. Senator Inouye would have in-
troduced the bill today, but the bill hac|
not yet been fully prepared. He will not
be able to be present on Saturday, and
it is for this reason that I have made the
request on his behalf.
THE BOMBING OF NORTH
VIETNAM
Mr. DOLE. Mr. F'resident. the Junior
Senator from Kansas was not present
earlier today when the senior Senator
from South Dakota discussed the war
in Indochina and made a reference to
the recent bombing as being the "cruel-
est and most insane act of a long and
foolish war."
At first glance, this may appear to
be a new line. But if we go back to the
Cambodian invasion and the mining of
Haiphong Harbor and throughout Pres-
ident Nixon's successful Vietnamization
program, we will find much the same
language being used every time by those
who have changed their minds about
Southeast Asia and those who find it
convenient to oppose the President's ef-
forts for peace.
Mr. President, the junior Senator from
Kansas, as mu:h as anyone wants the
war to end m Southeast Asia. He wants
the peace to come tonight, or tomorrow,
wanted it last week and a year ago. But
it is only fair to look at the realities and
wo should be objective. There are some
affirmative points that have not been
made. I would assume everyone in this
body is hoping that Dr. Kissinger will
have good news after the negotiations
which start next Monday in Paris. We
all must hope that through his efforts,
and particularly the efforts of President
Nixon. Secretary Rogers, and others,
both Republican and Democrat, there
will be a negotiated settlement in the
very near future.
But it is important to note that nego-
tiations have been resumed. It is impor-
tant to note that the North Vietnamese
insisted only on a halt of the bombing
north of the 20th parallel. It is impor-
tant to note that the Chinese and the
Soviets have demonstrated rather re-
markable restraint in reaction to the
bombing. This should not be interpreted
to mean that I know the details about the
bombing or that I subscribe to that policy
totally.
. But I do know the facts and the facts
are that there are .slightly more than
24.000 Americans in South Vietnam, the
lowest number in 8 years. I do know that
American casualties have been reduced
by 98 percent or 99 percent by President
Nixon. I know it is symbolic and prob-
ably, or certainly, no surprise to the
President or others around the country*,
that when Congress reconvened there
would be a great hue and cry from some
and in most cases the same critics who
were doing so last year. They say to cut
off funds or to assert the authority of
Congress. I believe we have the author-
ity and perhaps it should be exercLsed
at some time. But I caution my colleagues
in both the Senate and the House that
we are in a very delicate stage of nego-
tiations. We are. according to Dr. Kis-
singer, perhaps 99 percent of the way
to reaching our agreement.
Perhaps errors have been made by this
administration but critics at least should
accept the fact that some of the fault
lies with the other side, the North Viet-
namese and Vietcong.
I find it difficult to understand why
some seem so quick to criticize this coun-
try, this Government, and this Presi-
dent, and so hesitant to criticize the
Commimist Government of North Viet-
nam, or the Vietcong, or those who sup-
ply the North Vietnamese or the Viet-
cong. I find it hard to belie\fe that the
critics are being fair and objective. No
January If, 1973
CONGRESSIONAL RECORD — SEN ATE
83
one wants the bombing to continue, least
of all the President. But the President
Md to make some decision.
I wish to end on a positive note. Nego-
tiations have been resumed. Technical
discussions have been underway for the
last 2 days. Next Menday, Dr. Kissinger
f returns to Paris, hopefully to end the
; war, v.'ithout forcing our ally in that
' country to capitulate to North Vietnam
and the Vietcong.
I guess many may have missed the
fact that the President served notice on
North Vietnam what the consequences
might be if they did not pursue serious
talks. I guess many may not have noted
that the North Vietnamese had changed
the conditions of the agreement that Dr.
Kissinger spoke of on October 26. One
change was to the lelease of American
piisoners and missing in action to ths
release of political prisoners in South
Vietnam. That was certainly a new facet
in- negotiations and a rather important
one. V/e should keep the record straight.
The North Vietnamese invasion of
South Vietnam on March 30 led Presi-
dent Nixon on May 8 to order the bomb-
ing and mining of North Vietnam. There
was a great hue and cry at that time and
most of that hue and cry came from the
same persons who today make similar
statements with reference to the bomb-
ing of North Vietnam.
At the same time the President reiter-
ated our terms for a just and honorable
peace: Unconditional release of Ameri-
can prisoners throughout Indochina; im-
mediate cease-fire throughout Indo-
china ; withdrawal of American forces at
■ a time to be agreed upon; and agree-
ment that the political future of South
Vietnam would be left to the South
Vietnamese people to determine through
a peaceful political process.
Five months after the President's de-
cision of May 8, on October 8, 1972. the
North Vietnamese in secret negotiations
in Paris accepted the basic framework
of the President's proposal and agreed
to a cease-fire. They did this without
having achieved their demands that the
United States overthrow its ally and im-
pose a coalition government.
In late October, because both sides
were negotiating seriously and we were
close to a cease-fire agreement, the
United States unilaterally cut back its
bombing operations over North Vietnam
to below the 20th parallel.
There were some points still unre-
solved at that time and they concerned
the international supervisory machinery,
some linguistic ambiguities, and techni-
"Cal details. These questions were no-
where near the difficulty or importance
of the issues already settled, through the
efforts of Dr. Kissinger, other American
negotiators, and the North Vietnamese
negotiators.
Then, suddenly, in December, Hanoi
shifted gears and began a deliberate se-
ries of stalling maneuvers. According to
Dr. Kissinger, whenever we were on the
verge of settling the remaining issues,
Hanoi reneged on points already settled
and attempted to introduce unacceptable
proposals. If one point were clear they
would raise two others and on and on.
It was evident to Dr. Kissinger — and
certainly he had more experience nego-
tiating in this area than any man I know
of, and probably more than all of us put
together, and he knows more about the
details — and he said at that time that
it was clear that they had made a con-
scious and deliberate decision to in some
way delay. Perhaps the North Vietnam-
ese were w^aiting for Congress to recon-
vene; perhaps they felt Congress, the
Republicans and Democrats, would join
in an effort to cut off funds. Perhaps
they felt in a general way that congres-
sional pressure might give them a better
settlement than they had in October.
Perhaps they were seeking to exploit
some new strain and difficulty between
Washington and Saigon.
There are signs, I understand, that
they were planning a new offensive to
grab more territory before any standstill
cease-fire became effective.
Let us be candid. We have some dis-
agreement with our allies with respect
to the agreement, but that question is
now moot because it is Hanoi and not
Saigon that has been preventing the con-
clusion of negotiations.
The President said on November 2 —
We are going to sign the agreement when
the agreement Is right, not one day before.
And when the agreement is right, we are
going to sign, without one day's delay.
So I would suggest that it was Hanoi's
unwillingness to negotiate seriously
which led to the President's suspension
of the unilateral limitation on military
action above the 20th parallel.
The President could not let them use
the peace talks as a weapon of political
warfare or as a cover for a buildup for
new military offenses. As it had been
since May, the bohibing was limited to
military targets.
At the end of December. Hanoi agreed
to resume serious negotiations. As I said,
technical talks had already started. Dr.
Kissinger. Le Due Tho. and Xuan Thuy
are resuming the negotiations next Mon-
day. The President has reimposed the
limitation on bombing above the 20th
parallel as long as serious negotiations
are underway.
The junior Senator from Kansas hap-
pens to believe that only a few steps re-
main to be taken. Perhaps the most cru-
cial thing required is a political decision
in Hanoi to end the stalling and allow
the agreement to be concluded. The few
points still to be resolved are not con-
flicts of principle; they are points that
Hanoi already agreed to in November, as
I understand.
I would hope, in our eagerness as Mem-
bers of Congress to seek a peace in
Southeast Asia and peace elsewhere in
the' world, that we would understand just
how near we are to an agreement. I do
not believe anyone seriously disbelieves
Dr. Kissinger. I believe most Americans
have faith in his judgment and under-
stand that peace was at hand when he
made his statement on October 26. and
also understand that he cannot control
the actions on the other side when they
move that peace beyond his grasp.
I would indicate, again that there are
some positive signs to peace. Let us not,
in our eagerness to bring peace, hope-
fully on a constructive basis, by legisla-
tive action, or perhaps just to be critical
of President Nixon, delay that peace. Do
not restrict the options our Government
has, because, after all, it is our Govern-
ment that is involved, not a President
or a Congress or a Senator or a point of
view. But the negotiations have been re-
sumed, and this is a sign that we are
again on the threshold of peace.
Everyone in this body joins me in
hoping that next Tuesday or Wednesday
or soon thereafter a peace announce-
ment will come, and then those who have
raised their voices will reassess their
criticism of President Nixon as America-
and all the world realizes a lasting peace
because of his efforts.
EXTENSION OF PERIOD FOR TRANS-
ACTION OF ROUTINE MORNING
BUSINESS
Mr. ROBERT C. BYRD. Mr. President.
I ask unanimous consent that there be
an extension of the time for the trans-
action of routine morning business, with
statements limited therein to 10 min-
utes, and that the time run for an addi-
tional 30 minutes.
The PRESIDING OFFICER. Without
objection, it is so ordered.
"MEET THE PRESS" INTERVIEW
WITH SENATOR ROBERT C. BYRD
Mr. ROBERT C. BYRD. Mr. Presi-
dent, I ask unanimous consent to insert
in the Record the transcript of the "Meet
the Press" interview on Sunday. Decem-
ber 31, in which I participated. "Meet the
Press" is a public service program of NBC
News, and it was aired locally at 3 o'clock
p.m. on WRC channel 4. here in Wash-
ington. The mediator w-as Mr. Lawrence
Spivak. The interviewers were Mr. Paul
Duke of NBC News. Mr. Samuel Shaffer,
of Newsweek. Mr. Fiank vander Linden
of the Nashville Banner, and Mr. Carl
Leubsdorf of the Associated Press.
Mr. RANDOLPH. Mr. President, re-
serving the right to object — and I sliall
not object — it is my privilege to commend
my colleague from West Virginia. Senator
Robert C. Bvrd, on his presentation on
the program of last Sunday, "Meet the
Press." I feel that the country generally
will be informed by the counsel that he
gave, not so much in confrontation, but
give-and-take with the gentlemen who
interviewed him on that occasion. I again
express appreciation for his candor and
the courage and the purpose with which
my colleague addressed himself on that
occasion.
Mr. ROBERT C. BYRD. I thank my
distinguished senior colleague. My pur-
pose in asking for the transcript to be
placed in the Record lies in the fact that
I have been asked by several of my col-
leagues for a copy of the transcript, and
I shall provide such copy through this
medium.
May I add. Mr. President, an explana-
tion of what I meant in responding to a
question by Mi-. Duke, when I said :
There may come a time when we would
have to withdraw without any agreement.
Perhaps I should clarify and amplify
my statement for the Record. I had
reference to an agreement providing
for a negotiated cease-fire in place and
84
for 1 emoval of all foreign military forces
fron Lacs and Cambodia so as to promote
an end to tha killing and fighting in all
of Indochina. This is the kind of agree-
ment we are presently seeking in the
negotiations which have been resumed.
Inte rral to such an agreement must be
the return of our prisoners of war and
an I ccounting for those missing in ac-
tion It may be that we will not be suc-
cess: ul m getting this comprehensive
agreement — though I do not believe we
shoild give up the effort yet — but the
retu -n ol our prisoners and the best pos-
sible accounting of our missing men must
remi lin a precondition to our withdrawal
of tioops.
Tlie PRESIDING OFFICER. Is there
obje:tion to the request of the Senator
fron I West Virginia?
Tliere bein? no objection, the tran-
scrii t was ordered to be printed in the
Record, as follows:
Meet the Press
Produced by Lawrence E. Splvak)
Gue^t: Senator Robert C. Byrd (D.-W.
Va.»
Miderator: Lawrence E. Splvak.
Paael: Samuel Shaffer, Newsweek: Carl
Leutsdorf. Associated Press; Frank van der
Lindm. NashvUle Banner; and Paul Duke,
NBC News.
Ml. Spivak. Our gues: today on Meet the
Presj IS the Majority Whip of the Senate,
Sensjtor Robert C. Byrd, Democrat of West
a tor
Virg nia
Se lator
Dempcratic
1970
In a
nedji
tant
him
may
so '
wit
Mt
on
gres
.V ;ve
que^lor
Hov
wor
lies
be
M
succeed
off
CONGRESSIONAL RECORD — SENATF
January k, 1973
%
Byrd served as Secretary of the
Conference from 1967 through
He was elected Majority Whip In 1971
contest agalnsc Senator Edward M. Ken-
, Senator Byrd served on three Impor-
Senate committees. Appropriations. Ju-
and Rules.
win have the first questions now from
Duke of NBC News.
. DrKE. Senator Byrd. anti-war legls-
are vowiiig to push ahead for pro-
to cut off funds for Vietnam even
President Nixon has now stopped the
dicis ry
W<i
Paul
M:
latoife
pos.i ,
thoi: gh
bora )lng
As the Assistant SenateDemocratlc leader.
will you support these efforts?
Seiiator Byrd. I have supported some of
the end-the-war amendments In the past,
dep€ ndlng upon how they were drawn. I
do so again in the future. I will not do
Ithln the ne.xt 30 days, perhaps not
the next 60 days.
Df KE. If the negotiations at Paris drag
id Jb agreement is reached, will Con-
f.nflly
face up to this war and cut off
funds for financing It?
Ser.ator Eyrd. I don't think there Is any
:i but that there will be these efforts.
er, I think that the real hope for a
! able peace and for an end to the killing
in the negotiations which are about to
rpstimed.
Duke. But If the negotiations don't
, wlB vou then jupport efforts to cut
1 unds? ^ " '
Si natcr Byrd. I may, dependmg upon the
clrc imstj.nces. the events, the situation &t
the time. There may come a time when
v.e \ould have to withdraw, without any
agrepment.
"m
the
haltl?
Duke If the President had not stopped
jombing. would Congress have ordered a
Senator Byrd. Well. I think there would
hav been that eff.-rt. I thirk we have got to
rem ?mber that while Congress can legislate
to c u off funds and to end the war. It cannot
legi! late the reieafe of American POWs, and
I ca mot imagine Congress peissing any end-
the-war amendment that does not h2.ve the
con( lition with It with respect to a release of
Am( rican POWs.
Mr. DtJKE. Mr. Senator, when you consider
the heavy air losses, the outrage from around
the world, the damage to American prestige
from the spectacle of the world's greatest
power attacking a small backward country,
do you believe this bombing was justified?
Senator Byrd. I do not. I don't think there
was any mUitary necessity for it.
Mr. Shaffer. Senator Byrd, It Is my under-
standing that the Senate Democratic leader-
ship plans to start right in when Congress
convenes this coming week with its own
legislative program without waiting for the
President to make his State of the Union
address. I don't think this has ever happened
before In American history. Can't this be
viewed as an affront, a calculated snub to
the office of the President?
Senator Byrd. Not at all. I think the com-
mittees ought to meet quickly. The ground-
work has been laid for legislation dealing
with tho Important Issues that are before
the country. I feel that the Congress ought
to act quickly. If possible, to reenact the
legislation which the President vetoed follow-
ing the adjournment of the last ssssion. give
him the opportunity to veto it again with
the opportunity to the Congress to override
him.
No. I think an early beginning makes for
a good and early ending.
Mr. Shaffer. How can Congress adequately
present its own legislative program when, by
the testimony of some of its most respected
Members, it badly needs to reorganize its
procedures, and some such as a good Senate
man like Senator Goldwater, who is also a
conservative, believes you ought to do away
with the seniority system?
Senator Byrd. 1 don't agree that the Senate
is an old creaking machine that can't act. It
h.a.s shov/n time and again it can act quickly.
As to the -seniority rule, there is no such rule
am.ong the standing rules of the Senate. As
a matter of fact Rule 24 provides for the
bnMctlng on trc nhalrman.ship.s. and any
Member at any time can offer the name of
any Senator he wishes to offer as the chalr-
m.". 1 of p.ny comrniitee and get a ballot on it,
unde/ Rule 24.
Now. the seniority system has worked In
the past. I know It has ito faults, but I have
seen no other system that would have as great
faults, or worse.
Mr. Shaffer. I don't think anyone here on
this pr.nrl has see': Rule 22 honored In the
observance.
Senator Byrd. Oh, yes, it has. You are talk-
ing about Rule 24. Oh. yes.
Mr. Shaffer. Rule 24.
Senator Byrd. Oh. yes. It has
Mr. Shaffer. On seniority it does not apply
to the elections cf :he Majority Leader of the
Senate and the Assistant Majority Leader.
Now you. Senator Byrd. are number 25 In
seniority In the Senate. Senator Maiisfield,
if I recall correctly. Is number 13. Yet your
colleagues, voting l^s secret ballot, chose the
tv.a of you because they figured you were
the men best calculated to lead the Senate.
Why shouldn't that apply to committee
c! airmen? /'
S?nator Bvr.o. 3ccai;s^ you hav3 got 17
committees In the Senate, standing commit-
tees, not councii-g the E;:*cial and select com-
mittee;. You have 110 4ubcommltte-es, and
if we are going to have a pclltlcal campaign
in each rf these 110 subcommittees. In each
of the 17 standing committees and each of
the five select aiid special committees, we
are going to jet nothing done except logroll-
ing and Intorference by the White House and
lobbyists and special Interest groups in the
, Interes* of their own favorites.
Mr. Van Der Linden. Senator Byrd, let's
talk for a mrment about your future as a
part of the Democrats. As yov know, you have
two more Senators on your side of the aisle
and you have kent control of the House and
yet you really got clobbered by President
Nixon m November. Tell us why?
Senator Byrd. Well, the people didn't leave
the party with respect to the presidential
election. The party left the people. I think
the people stayed with the Democratic party
in that they voted for United States Sena-
tors, for members of the House and for other
officials all down the line. We picked up two
seats In the Senate; we picked up a gover-
norship; we gained In most state legisla-
tures and we held our leadership In the
House, but In the presidential race, of course,
you know what happened there.
I think that the party was not In the mid-
dle of the road, at least with respect to the
image that it gave to the American people.
Its candidate was not — with all due respect
to Its candidate — I don't say this in any
pejorative sense in respect to Mr. McGovern.
but I do say the impression the people had
was that It was way off to the left. The
American people have twice in recent years
rejected what they thought was a candidate
far to the right and now one far to the left.
Mr. Van Der Linden. You think then In
1976 the Democrats will have to go back to
the n'.lddle to have a chance to win?
Senator Byrd. I don't think there Is any
question about It. That is where the major-
ity of the votes are, and I thi:ik we are going
to have to go there to get them.
Mr. Van Der Linden. Do you think Ted
Kennedy could be a candidate of the middle?
Senator Byrd. I don't think there is any-
thing to be gained by speculating on who
might be a candidate In 1976. which Is four
years away. ^
Mr. Leubsdorf. I would like to get back to
Vietnam. Senator. Most of the recent deci-
sions have taken place with an extraordinary
amount of secrecy and. according to the
newspaper reports, lack of consultation.
Were you or Senator Mansfield or any other
members of the Senate leadership consulted
or Informed about any of the moves that
have been taken by the President since Con-
gress adjourned?
Senator Byrd. I was not. I know of no such
contacts with the majority leader. There
could have been.
Mr. Leubsdorf. Do you think that there
should have been?
Senator Byrd. I think there should have
been. I was very disappointed that the Ad-
ministration did not take the American peo-
ple Into its confidence and at least talk with
the leadership of Congress with respect to the
bombing — which was a major bombing — be-
fore action was taken.
Mr. Leubsdorf. What steps do you think
that you and Senator Mansfield, as the lead-
ers of the Senate, can take to try to restore
the Senate's place In getting the kind of
consultation In the role in foreign policy
that the Constitution specif.es and that
seems to have bean overlooked?
Senator Byrd. I think we ought to. and
will, pass again the War Powers Bill which
was enacted by the Senate In the last Con-
gre.ss.
Mr. Spivak. Senator, may I ask you a ques-
tion. There Is a recent report in the press
that you are already drawing up a list of leg-
islation to come to the floor early In the new
session. What legislation do you expect will
get priority In the Senate?
S.^notor BvRn. I think hijacking legisla-
tion. lesUslatlon dealing with hlghv/ays.
trade, the extension of price and wage con-
trols, strip mining, the energy crisis; I think
the Congress '.vill come to grips with the Is-
sue of Reparation of powers, and I think that
It will be more assertive of its rightful place
In the constitutional system of checks and
balances.
Mr. .^pn-.».K Do you believe there Is going
to be a serious struggle on the question of
the separation of power?
Senator Byrd I thhik It is developing, has
been developing, and I think It must come
to a culmination of elTort on the part of tlu
Congress.
January 4, 1973
CONGRESSIONAL RECORD — SENATE
Mr. Spivak. Based on past history, do you
think you are going to be able to win that
struggle?
Senator Eyrd. I think ',ve can. The strug-
gle will take place In many areas. For ex-
ample. In the area of war powers, impound-
ment of funds, e.xecutlve privilege, and re-
organization of the executive branch.
Mr. Duke. You said a moment ago, Sena-
tor, that you were concerned that the White
House didn't give any explanation to the
people about the bombing of Vietnam and
a change in our policy which brings up a re-
lated Issue which some people here in Wash-
ington are concerned about, namely the In-
creased isolation of the President. He
doesn't appear In public very often. He
doesn't hold r.ews conferences. He doesn't
consult with leaders of Congress. He doesn't
talk to the American people often. Does this
cOiicer:i you?
Senator Byrd. It does. I am not going to
damn the President because he doesn't ap-
pear in a press conference every day or e\ -
ery ten days, but I do think that he could
improve his relations with Congress and
with the press and with the American peo-
ple—even though he can certainly point to
a vote that was over sixty per cent of the
vote cast In an election in which we saw the
smallest turnouts of voters since 1948— but I
think he could im.prove his relations with
the Congress by talking with the leadership
of the Congress, the chairmen of the com-
mittees, getting their advice and counsel,
letting them know what he Is contemplat-
ing, and I thiiik he could Improve his rela-
tions with the press If he had perhaps more
conferences and talked with them more.
Mr. Duke. Many members of Congress feel
that the White House people look down on
Congre.ss. Do you have this Xeellng? Do you
share this feeling?
Senator Bvr.D. I don't share *Hs fee'lng
and in talking about his relations with the
press, I am not ner.rly as cognizant of wha;
the true situation is except as I read It and
hear it. but I think I can speak with refer-
ence to the Congress.
I have felt that not everyone in the Con-
gress in either party is an adversary of Mr.
Nixon. He has his enemies up there; he has
his critics, but what President hasn't? I
think it would go a long way toward insur-
ing for himself better cooperation on the part
of the Congress and In turn a better under-
standing on the part of the American peo-
ple if he would talk with members of Con-
gressymore.
l^lrC DtJKE. Now, one of the things which
the President Is doing Is imposing a ceiling
of R250 million on federal .spending.
Senator Byrd. Billion.
Mr. DtTKE. Billion. Even though Congress
refused to authorize such a ceiling.
Obviously the White House is doing this
by withholding certain funds which (jon-
gress has decreed should beV^ent.
Now, Isn't this an Infringement on the
pov/er of Congress and Is Congress going to
let the President get away with this?
Senator Byrd. To begin with, the Im-
poundment of funds has been carried on by
Mr. Nixon's predecessors going back to
Franklin D, Roosevelt, I suppose, during the
depression, and during the war. But I think
that more of It has occurred under Mr
Nixon, «
As I recall in 1971, FY 1971, about twenty
per cent of the controllable items. $12 bil-
lion, was Impounded by the President.
Now, I think that some of these Impound-
ments are legal and some of them are man-
dated by the Congress, but I think that
Where they are not legal and where they are
made only through the discretion of the
President or the executive branch, I think
the Congress ought to do something about
this. I think it can, and I think It will.
Mr, Shatfer. Senator, I want to ask you,
85
In connection with that, It Is all very well
to deplore the President's Impounding of
funds that you and Congress have appro-
prlated, but what specifically can you do
about It and what are you going to do about
Senator Btrd; Well, we can act from a leg-
islative standpoint and we can bring about
and encourage action from a judicial
standpoint.
Now, there had been a case only this year
settled In the District Court of the Western
District of Missouri In which the District
Court ruled that the Secretary of Trans-
portation could not impound funds sup-
posed to have been allocated to Missouri
under the Federal Aid Highway Act. That
case will be appealed. The appeal will be
heard on January 8th In the Eighth Circuit
and Senator Irvin, who is chairman of the
Subcommittee on Separation of Pov/e-s m
the Senate, is going to file an amicus In sup-
port of the decision wKTcB-wui oe on be-
ha f of the Majority Leader and on mv be-
half as Majority Whip and on behalf of
Shrill' °^ ^^^ committee chairmen in the
Now, I think the interpretation of thls-
let me say this; This is the first case t^
l^^'^^l'^lJ^Tt^Xl^' ""^ impoundment
that tt ':::'\: } *^ °^ *^ ^'^^^^ ^^ remember
that t is barbed on an interpretr.tlon of the
stature which s..ys Chat such funds may not
oe impounded. [ - ^
Mr. .Sh.affer. But how about acting legis-
LmTn' Q"?"."^""^"^^ ''^'^ IntrodLel a
dent tf ''•■^''^ ^""^'^ '^"'"P^l tbe Presi-
dent to report to Congre.ss whenever he
planned to impound fulds and g?ve con-
gre^^thlrty days In which to veto Juch
Do you expect to try to get a bill like that
passed in this Congress and will you support
It?
Senator Byrd. Yes. I will support It and
I think we ought to move In this direction.
The President, under the Constitution,
has no role in the appropriations process
except by the veto and by virtue of his be-
ing able to recommend. The Congress has
the role of legislating, and I think the Con-
gress ought to write Into some of its bills
strict language prohibiting the Impound-
ment of funds. I think the Intenretatlon
would be then on the statutory intent and
I think would also be based on the deter-
mination of whether the Congress had the
power to prohibit such Impoundment of
funds. But we could get some court cases In
this way.
Mr. Van Der Linden. Senator Byrd we
were saying a minute ago that the Demo-
crats would haye to move back to the middle
and away from the left. Could you tell us
what you specifically suggest for winning
back the approximately ten million Ameri-
cans who once voted for George Wallace and
apparently went over to Nixon this last elec-
tion?
Senator Byrd. Well, there were not only
the Americans who voted for Mr. Wallace who
went over to Mr. Nixon. I think that what
we have got to do is get rid of the pro-wel-
fare—giveaway image, the pro-permissive-
ness Image, the pro-busing image the meat-
ax cuts of defense funds and get back into
the middle of the stream.
Mr. Van Deb Linden. Would you sponsor
a bUl on any of those yourself?
Senator Byrd. Well, I may or may not, but
I would certainly support legislation In this
direction. "s
Mr. Van Der Linden. Would you curb bus-
ing, for example?
Senator Byrd. I have In the past.
Mr. Van Der Linden. And on defense you
would fight any major cuts
Senator Btrd. Well, I have supported some
defense cuts, but I am against broad meat-ax
cuts. I have supported certain selective cute.
Mr. Leubsdorf. Senator, your statements
on some of these Issues sound a little bit like
some of the views Governor Wallace has
presented
Senator Byrd. WeU, they sound like the
views that the majority of the people want
to hear.
Mr. Lexibsdorf. Do you think— the Charles-
ton Gazette once said that your record and
views "made you the functional equivalent
of George Wallace." Do you think Wallace
really represents much more than Just a
fringe and tliat he really represents the mid-
dle of the road?
Senator Byrd. Of course he represents mor*
than just a fringe. When he said "Send them
a message In Washington," this caught on.
When he talked about the unfairness in the
Internal Revenue taxing program, he talked
about middle Income Americans. When h£
said there are some millionaires who can
make millions and not pay a penny, and yet
there are middle Americans who work every
day and who have to pay a high percentage
of their Income, he struck home.
As to the Charleston Gazette, may I say 1
would suggest that you ought to try quoting
some of the other newspapers In the State
of West Virginia once in a while.
Mr. Leubsdorf. Do you think that the
Democratic Party which nominated George
McGovern in 1972 could nominate a George
WaUace In 1976?
Senator Bvrd. I thmk It Is too early to spec-
ulate as to what might happen in 1976. I
think the people have spoken, they have in-
dicated that they are not for any" extremist
fringes on the left or on the right, and I
think that the Democratic Party is goliig
to have to get back In the middle of the
stream, regardless o^ who might be the leader
of that party.
Mr. Spivak. Senator, in a television broad-
cast shortly after you won your election as
Majority Whip, you said "I just don't think
that there is a feeling of respect for the
Senate as an institution." i i
Why do you think that? '
Senator By-rd. Well. I think the Senate,
through Inattention, through failure to ex-
ercise Its own powers, has from time to time —
and certainly in recent years— created a
vacuum into which a strong executive has
moved. This, in the main, was what I had
in mind.
Mr. SprvAK. Well, what do you think the
Senate can now do to win back the respect
that you think It once had and lost?
Senator Byrd. Well, there are a number of
things It can do. It can pass a War Powers
Bill jvhlch will define the authority of Con-
gress In connection with undeclared wars. We
have already talked about the Impoundment
of funds. I think it can take steps that will
be effective In the area of executive privilege,
and it certainly ought t<r take steps with re-
spect to the reorganization of the Executive
Branch. It ought to give closer .-scrutiny to
some of the Preslaent's nominees. I think our
own people ought to work harder. We ought
to stop getting around over the country and
turn down some of the speaking engagements
that we accept and stay in the Senate and
work and get down to business and give our
full attention and not ha\e too much parti-
san bickering. Tske a partlsaai stand when
It Is necessary but try to 'how statesmanship
and get back the powers that we have given
away and take our rightful place In the con-
.'tltutional sy.stem. y
Mr. Spivak. Gentlemen, we ha^e less than
four minutes. f
^ Mr. Duke. Well, those are very high sound-
■•,^lng words which you voice here tod^. Sena-
tor Byrd. but do you think there Is now a
disposition In Congress to save Congress, to
prevent Congress from becoming, as one Sen-
ator said, a constitutional relic?
Senator Byrd. I don't think there Is any
question about It.
86
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Con jress
put
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Ing
a t8
I
mir
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Ing
Pre
S
itS€l
but
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Mr.
is
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Mr.
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e
CONGRESSIONAL RECORD — SENATE
January 4, i973
ORDER
Duke. And you think this session of
will then face up to this?
Sinator Byrd. I think you will see strong
effo ts in this session of Congress in that
direfctlon.
Shaffer. Senator Byrd. the President
Congress on the spot when he asked for
spending celling of $250 billion and Con-
, specifically the Senate, refused to give
him. He said if he couldn't limit spend-
to $250 billion there woi^ild have to be ) being with us today on Meet The Press
Increase
assume there is no politician In his right
d who Is going to advocate a tax Increase,
vhat will you do about controlling spend-
in the Congress if you won't let the
iident have that power?'
enator Byrd. Well, Congress has to do this
f I am not against the spending ceiling,
I think Congress ought to set it. I don't
k we ought to let the President set it.
Shaffer. Well, how do you do it? It
ery easy to say Congress should do It,
you have a mechanism. You h^ive^ne
uter m the Senate used for calcATIatlng
Senate payroll,
denator Byrd. We don't necessarily need
mote computers, we need more staff people,
brain power.
Van Der Linden. Senator, suppose
of your friends would start a move-
to nominate you for President in 1976.
Wdu'id you tell them to stop?
Senator Byrd. I would tell them to stop.
Ir Leubsdorf. One of the problems in
is that it seems at times half of the
in the Senate were running for
sident.
Mr. Van Der Linden. Do you think a
shjrter election campaign might solve this
em?
Senator Byrd. I think It would help.
r. Van Der Linden. What changes do you
nk should be made In the whole process qf
nofnlnatlng and electing presidents.
senator Byrd. Well. I think that some con-
Icjeratlon should be given to the suggestion
respect to a national primary, and I
nk these campaigns ought to be short-
The people get tired of then\^and the
ca|idiuates get worn out, and this may be
reason why so few people turned out to
Senator Byrd. I thliA It will.
Mr. Duke. And tax reform?
Senator Byrd. There wUl be some tax re-
form. I am sure.
Mr. Duke. And what about the Presi-
dent's Welfare Reform tlan?
Senator Byrd. Well, I don't know about
that.
Mr. Spivak. I am sorry to interrupt but
our time is up. Thank you. Senator Byrd, for
FOR 15-MINUTE YEA-AND-
NAY VOTES
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent — and this has
been cleared with both the distingxiished
majority leader and the distinguished
Republican leader — that, in accordance
with the procedure followed during the
second session of the 92d Congress, the
time on any rollcall vote be limited to 15
minutes, with the warning bell to sound
midway.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President,
I suggest the absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The second assistant legislative clerk
proceeded to call the roll.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
i:h
n ;d.
one
vo;e
Mr. SprvAK. Senator, you made a speech In
wlilch you said that the problem is no
lo iger how to achieve integration, but how
to prevent resegregatlon. Is it your belief
to lay that we have achieved integration?
Senator Byrd. I think that we have
actiieved what the Supreme Court set out to
dc in 1954. We have not only achieved that,
bi t we have gone back In the opposite di-
re :tlon 180 degrees. The Supreme Court
st ited or took the position that no child
si- ould be denied access to any school purely
01, the basis of its race or color and today
W! are doing just that. Children are being
cl osen precisely on the basis of their color,
w lether they are white or black, and the
d( clsions are being made for them and for
tl elr parents as to where those childreu
wf)uld go.
I don't think there Is any question but that
Idtegration has been achieved. Nobody is
advocating going back to forced segregation.
b It I think this foolishness of running chll-
d en all over town and over ley roads and
u ling them as guinea pigs to try to prove
6< me unworkable social experiment is an
li iposltlon on the children, an Imposition
o 1 the parents: It Is costly; It Is foolish and
iq is unconstitutional.
Mr. Spivak. We have less than thirty sec-
ids.
Mr. Duke. Senator Byrd, very briefly, will
Cfcngress tend wage and price control au-
thority?
Senator Byrd. I think It will, with some
discussion, but not too much opposition.
Mr. Duke. And will it approve a national
health insurance plan?
ORDER FOR RECOGNITION OF SEN-
ATOR HARRY F. BYRD. JR., NEXT
WEEK
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that on the
first day of a Senate session next week,
immediately following the prayer and the
recognition of the two leaders or their
designees under the standing order, the
distinguishec' senior Senator from Vir-
ginia <Mr. Harry F. Byrd, Jr.) be recog-
nized for not to exceed 15 minutes.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. NUNN. Mr. President, I suggest the
absence of a quorum.
The PRESIDING OFFICER. The clerk
win call the roll.
The second assistant legislative clerk
proceeded to call the roll.
Mr. ROBERT C. BYRD. Mr. Presi-
dent, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
today that one such new Senator, the
former very able majority leader of the
senate of the great State of Kentucky
is presently occupying the chair. He
presides over this august body with a
skill and with a degree of fairness and
ability as rare as a day in June.
I also call attention to the fact that
the distinguished junior Senator from
Georgia <Mr. Nunn) a few moments
ago capably substituted for the leader-
ship at a moment when the leadership
was otherwise occupied.
I congratulate these two Senators and
the other new Senators who will from
time to time be called upon to preside
over this body and to assist the leader-
ship.
I congratulate the presiding ofBcer,
the Senator from Kentucky <Mr. Hud-
DLESTON ) . I think it well that his con-
stituents know he is performing his du-
ties in a very admirable and capable
manner, just as he did with respect to
the important responsibilities which
rested upon his shoulders when he
served so effectively in the Kentucky
Senate.
QUORUM CALL
Mr. ROBERT C. BYRD. Mr. Presi-
dent. I suggest the absence of a quorum.
The PRESIDING OFFICER. I trust
that the junior Senator from Georgia
(Mr. NuNN) will join with me in offer-
ing no objection to the statement just
made by the distinguished majority
whip.
The clerk will call the roll.
The second assistant legislative clerk
proceeded to call the roll.
TRIBUTE TO NEW SENATORS
Mr. ROBERT C. BYRD. Mr. Presi-
dent, the people of the Nation, I think,
are extremely fortunate in that we have
several very enterprising and able young
Senators who have been recently elected
to membership in this body.
The Senate will also be fortunate in
that these very capable, new Senators
have come to the Senate, many of them,
after having served in the other body
or in the State legislatures of their re-
spective States.
I wish to call attention to the fact that
sug-
QUORUM CALL
Mr. GRIFFIN. Mr. President, I
gest the absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The legislative clerk proceeded to call
the roll.
Mr. MANSFIELD. Mr. President. I ask
unanimous consent that the order for the
quorum call be rescinded.
The PRESIDING OFFICER (Mr. Hud-
DLESTON) . Without objcction, it is so or-
dered.
COMMUNICATIONS FROM EXECU-
TIVE DEPARTMENTS, ETC.
The PRESIDENT pro tempore laid be-
fore the Senate the following communi-
cations and letters, which were referred
as indicated:
Reporting on Extension of CREorr to the
Polish People's Republic
A communication from the President of
the tJnited States, reporting, pursuant to law
that it is in the national interest for the
Export-Import Bank of the United States to
guarantee, insure, extend credit, and partici-
pate In the extension of credit in connection
with the purchase or lease of any product or
service by, for use in, or for sale or lease to
the Polish People's Republic; to the Com-
mittel on Banking, Housing and Urban
Affairs.
Contracts Negotiated by NASA
A letter from the Administrator of the
National Aeronautics and Space Administra-
tion submitting, pursuant to law, a report
January 4, 1973
CONGRESSIONAL RECORD — SEN ATE
listing required information csncaj-ning con-
tracts negotiated by the National Aeronautics
. and Space Administration for the period
January 1-June 30. 1972 (with accompanying
papers); to the Committee on Aeronautical
and Space Sciences.
Construction of Facilities
A letter from the Administration of the
National Aeronautics and Space Administra-
tion submitting, pursuant to law. a report
on the proposed reprogramming of funds
authorized and appropriated for 1972 and
1973 to support the space shuttle program
(with accoompanying papers); to the Com-
mittee on Aeronautical and Space Sciences,
NASA and Aerospace Related Industry
Employment
A letter from the Administrator of the
National Aeronautics and Space Admloi«#a-
tion submitting, pursuant to law, a list of
the present and former NASA employees
who have filed reports with NASA pertaining
to their NASA and aerospace related industry
employment for the fiscal year ending
June 30, 1972 (with accompanying papers);
to the Committee on Aeronautical and Space
Sciences.
Status of Research FACiLrriES Funds
A letter from the acting director of the
cooperative State research service submit-
ting a report on the status of research facili-
ties funds (With accompanying papers); to
the Committee on Agriculture and Forestry.
Report on Overobligation of an
Appropriation
A letter from the Chairman, Atomic En-
ergy Commission, reporting, pursuant to law,
on the overobligation in the Atomic Energy
Commission allotment account; to the Com-
mittee on Appropriations.
Soil Survey of Lands in Pojoaque Unit,
San Juan-Chama Project
A letter from the Assistant Secretary of the
Interior submitting, pursuant to law, a certi-
fication as to the adequacy of soil survey and
land classification for the Pojoaque Unit, San
Juan-Chama Project, New Mexico (with ac-
companying papers); to the Committee on
Interior and Insular Affairs,
Approval of Loan By the RE.A,
A letter from the Acting Administrator of
the Rural Electrification Administration sub-
mitting certain information, pursuant to
law. regarding the approval of a loan for con-
struction of certain transmission facilities
(with accompanying papers); to the Com-
mittee on Appropriations. ^^
Report on Support Furnished From Mili-
tary Functions to Certain Forces
A letter from the .Assistant Secretary of
Defense, transmitting, pursuant to law, a
report on support furnished from military
functions to certain forces, for the fourth
quarter of fiscal year 1972 (with an accom-
panying report); to the Committee on Ap-
propriations.
Report Concerning the Disposal of
Military Supplies
A letter from the Assistant Secretary of
Defense submitting, pursuant to law, a report
of receipts and disbursements pertaining to
the disposal of surplus military supplies,
equipment, and material, and for expenses
involving the production of lumber and tim-
ber products (with accompanying papers);
to the Committee on Appropriations.
Appropriation for Readjustment Benefits
A letter from the Deputy Director of the
Office of Management and Budget reporting
that the appropriation to the Veterans Ad-
ministration for readjustment benefits for
J;973 has been apportioned Indicating the
necessity for a supplemental estimate of the
appropriation; to the Committee on Appro-
priations.
Use of Excess Foreign Currencies
A letter from the Assistant Secretary of
Defense certifying, pursuant to law. that no
use was made of certain funds appropriated
where the use of excess foreign currencies
was feasible; to the Committee on Appro-
priations.
Approval of Loans by the REA
Two letters from the Administrator of the
Rural Electrification Administration sub-
mitting, pursuant to law. information con-
cerning the approval of two loans for the
financing of certain generation and trans-
mission facilities (with accompanying pa-
pers); to the Committee on Appropriations.
Report of the Secretary of Defense
A letter from the Secretary of Defense sub-
mitting, pursuant to la.w, three reports of
violation of subsection (a), section 3679,
Revised Statutes (with accompanying pa-
pers); to the Committee on Appropriations.
Report of the Department of Defense
A letter from the Assistant Secretary of
Defense submitlng, pursuant to law. a report
of the estimated value, by country, of sup-
port furnished from military functions ap-
propriations (With accompanying papers); to
the Committee on Appropriations.
Reports of the Indian Claims Commission
Three letters from' the Chairman of the
Indian Claims Commission submitting, pur-
suant to law. its reports on the claims of the
Native Village of Shungnak. et al; the Yak-
ima Tribe; and the Ponca Tribe of Indians
of Oklahoma et al, against the United States
(with accompanying papers); to the Com-
mittee on Appropriations.
Fees and Expenses of Witnesses
A letter from the Deputy Director of the
Office of Management and Budget submit-
ting, pursuant to law, a report that the ap-
propriation for fees and expenses of wit-
nesses for the fiscal year 1973 indicating the
necessity for a supplemental estimate of ap-
propriation (with accdmpanying papers ) ; to
the Committee on Appropriations. "^
SuTPORT OF U.S. Prisoners
A letter from the Deputy Director of the
Office of Management and Budget submit-
ting, pursuant to law. a report that the ap-
propriations to the Department of Justice
for support of US, prisoners for the fiscal
year 1973 indicating the necessity for a sup-
plemental estimate of appropriation (with
accompanying papers i ; to the Committee on
Appropriations.
Report of the Department of Health,
Education, and Welfare
A letter from the Secretary of Health, Edu-
cation, and Welfare submitting a report con-
cerning a violation of section 3679 of the
revised statutes (with accompanying pa-
pers); to the Committee on Appropriations.
Claim of the Red Lake Bank of Chippewa
Indians, et al.
A letter from the Vice Chairman of the
Indian Claims Commission submitting, pur-
suant to law, its report on the claim of the
Red Lake Band of Chippewa Indians, et
al. against the United States (with accom-
panying papers); to the Committee on Ap-
propriations.
Claim of the Nisgah TIobe or Indians
A letter from the Chairman of the Indian
Claims Commission submitting, pursuant to
law. Its report concerning the claim of the
J^lsgah Tribe, et al., against the United
States (with accompanying papers); to the
Committee on Appropriations.
Report of the Atomic Energy Commission
A letter from the Chairman of the Atomic
Energy Commission reporting, pursuant to
law, aii overobligation of funds In the Atomic
Energy Commission allotment account as of
June 30, 1972; to the Committee on Appro-
priations.
Claim of the Native Village of Unalakli
et al,
A letter from the Chairman of the In-
dian Claims Commission submitting, pur-
sviant to law. Its report to the Congress on
the claim of the Native Village of Unalak-
leet, et al,, against the United States (with
accompanying papers) ; to the Committee on
-Appropriations.
Proposed Construction Projects for the
Air National Guard
A letter from the Deputy Assistant Secre-
tary of Defense submitting, pursuant to law,
proposed construction projects to be under-
taken for the Air National Guard; to the
Committee on Armed Services, ,
Report of the Office of EmergencT
Preparedness
A letter from the Director of the Office of
Emergency Preparedness submitting, pursu-
ant to law, its semiannual report to t.'ie Con-
gress on the strategic and critical materials
stockpiling program for the period January 1
to June 30, 1972 (with accompanying re-
port); to the Committee on Armed Services.
Proposed Facilities Projects
A letter from the Deputy Assistant Secre-
tary of Defense submitting, pursuant to law,
notification of 17 facilities projects proposed
to be undertaken for the Air Force Reserve
(with accompanying papers); to the Com-
mittee on Armed Services.
Contract Award Dates
A letter from the Assistant Secretary of
Defense submitting, pursuant to law, a list-
ing of contract award dates for the period
November 15-February 15, 1973 (with accom-
panying papers) ; to the Committee on Armed
Services,
Report of the Department of the Army
A letter from the Secretary of the Army
submitting, pursuant to law, reports of the
number of officers detailed to the Army Gen-
eral Staff on September 30, 1972 (with accom-
panying papers); to the Committee on
Armed Services.
Reports of Former Officers or Employees
OF Department of Defense
.A letter from the Deputy Assistant Secre-
tary of Defense submitting, pursuant to law,
a listing of names of persons who have filed
reports for fiscal year 1972 (with accompany-
ing papers); to the Committee on Armed
Services.
U.S. Air Force Flying Pay Report
A letter from the Acting Secretary of the
Air Force submitting, pursuant to law, a
report on flying pay (with accompanying
report) ; to the Committee on Armed Services.
Report on Federal Contributions Program
Equipment and Facilities
A letter from the Acting Director, Defense
Civil Preparedness Agency, transmitting,
pursuant to law, a report on Federal Con-
tributions Program Equipment and Facilities,
for the quarter ended September 30. 1972
(with an accompanying report) ; to the Com-
mittee on Armed Services.
Report on Property Acquisitions
A letter from the Director of the Defense
Civil Preparedness Agency submitting, pur-
suant to law, a report on property acquisi-
tions of emergency supplies and equipment
for the quarter ending September 30, 1972
(with accompanying papers) ; to the Com-
mittee on Armed Services. •
Report Concerning Laos ExPENorrtniES -'-^
A letter from the Assistant Secretary of
State submitting, pursuant to law, a report
Bhowlng the Laos assistance-related funds
expended during the first quarter of the
fiscal year beginning July 1, 1972 (with ac-
companying papers) ; to the Committee on
Armed Services.
88
CONGRESSIONAL RECORD — SENATE
January If., 1973
Report on Facilities Projects Proposed
FOR Army Reserve
A letter from the Deputy Assistant Secre-
ary of Defense (Installations and Housing) ,
ransmittlng, pursuant to law, a report on
acuities projects proposed for the Army
leserve (with accompanying papers) ; to the
Committee on Armed Services.
lEPORT ON Construction Projects Proposed
FOE Army National Guard
A letter from the Deputy Assistant Secre-
ary of Defense (Installations and Housing),
ransmittlng, pursuant to law, a report on
onstructlon projects proposed for the Army
National Guard (with accompanying pa-
)er3); to the Committee on Armed Services.
Proposed Construction Projects op
THE Army Reserve
A letter from the Deputy Assistant Secre-
ary of Defei.se submitting, pursuant to law,
lotlflcatlcn of construction projects pro-
)csed lo be undertaken for the Army Re-
lerve (with accompanying papers); to the
:ommlttee on Armed Services.
MlLIT.«Y CONSTRtJCTION PROJECTS
A letter from the Deputy Assistant Secre-
ary of Defens^,^ibmlttlng. pursuant to law.
•eports of military construction projects
placed under contract \a the fiscal year 1972
in which It was necessary to exceed the
iniount authorized by more than 25 percent
(with accompanying papers); to the Com-
mittee on Anned Services.
Proposed Regttlation or the Cost
Accounting Standards Board
A letter from the Chairman of the Cost
Accounting Standards Board submitting,
pursu.ant to law. a copy of a proposal au-
thorized by the Board (with accompanying
papers); to the Committee on Banking,
Housing aad Urban Affairs.
Report 'ON Export Control
A letter from the Secretatj- of Commerce
submitting, pursuant to law. a report on
export control covering the third quarter of
1972 (witii accompanying report); to the
Committee on Banking. Housing and Vrban
Affairs.
Report on Borrowing Authortty
A letter from the Director of the Office
iOf Emergency Preparedness submitting,
pursuant to law, a report on borrowing au-
thority for the period ending June 30. 1972
(with accompanying report); to the Com-
mittee on Banking, Housing and Urban
,Afralrs.
Study Findings Relating to Flood
Disaster
A letter from the Director. Office of Emer-
gency Preparedness, Executive Office of the
JTesldent, reporting, pursuant to law, on
Jindiiigs relating to the Rood disaster caused
by tr^iral storm Agnes; to the Committee
oil Banking, Housing and Urban iAffairs.
Report of the Attorney General
A letter from the Attorney General of the
United States submiitlng. pursuant to law, a
report on voluntary agreements and pro-
grams pursuant to the Defense Production
Act of 1950, as amended (with accompany-
ing papers); to the Committee on Banking,
Housing and Urban Affairs.
Report on Defense Procurement From
Small and Other Business Firms
A letter from the Assistant Secretary of
Defense (Installations and Logistics), trans-
mitting, pursuant to law, a report on de-
fense procurement from small and other
business firms, for July-September. 1972
(with an accompanying report) ; to the Com-
mittee on Banking. Hoxialng and Urbffn Af-
fairs
Report of the Comptroller of the
Currency
A letter from the Comptroller of the Cur-
rency submitting, pursuant to law, his annual
report for 1971 (with accompanying report);
to the Committee on Banking, Housing and
Urban Affairs.
Report of the Department of Justice
A letter from the Attorney General of the
Umted States submitting, pursuant to law,
the report on the activities of the Department
of Justice in the enforcement of title II of
the Consumer Credit Protection Act for the
fiscal year 1972 (with accompanying report);
to the Committee on Banking. Housing and
Urban Affairs.
Report of the Department of Defense
A letter from the Assistant Secretary of De-
fense submitting, pursuant to law, a report
of the Department of Defense Procurement
from Small and Other Business Firms for
July-August 1972 (with accompanying re-
port); to the Committee on Banking, Hous-
ing and Urban Affairs.
Exports to Yugoslavia and Rumania
A letter from the Secretary of the Export-
Import Bank of the United States report-
ing, pursuant to law, on the amount of Ex-
port-Import Bank loans Issued In connec-
tion with United States exports to Yugoslavia
and Rumania In the period July 1972 through
September 1972: to the Committee on Bank-
ing, Housing and Urban Affairs.
Report on Disaster Program
A letter from the Director of the Office of
Emergency Preparedness submitting, pur-
suant to law, a report on the disaster pro-
gram (With accompanying papers); to the
Committee on Banking, Housing and Urban
Affairs.
Report of the Migratory Biro
Conservation Commission .
A letter fronj the Chairman of the Migra-
tory Bird Conservation Commission submit-
ting, pursuant to law, the Commission's re-
port for the fiscal year ending June 30, 1972
(with accompanying report) ; to the Commit-
tee on Commerce. ■
Notice of Finding Concerning
Upholstered Furniture
A letter from the Acting Assistant Secre-
tary of I Commerce submitting, pursuant to
law, a *ppy of the Notice of Finding that a
Flaramablllty Standard or Other Regulation
May Be Needed for Upholstered Furniture
(with accompanying papers); to the Com-
mittee on Commerce.
Purchases and Contracts Made by the
U.S. Coast Guard
A letter from the Assistant Secretary of
Transportation submitting, pursuant to law,
a list of the purchases and contracts made by
the U.S. Coast Guard during the period
April 1 through September 30, 1972 (with
accompanying papers); to the Committee on
CoDfunerce.
Report of the National Railroad Passenger
Corporation
A letter from the Vice President of the Na-
tional Railroad Passenger Corporation sub-
mitting, pursuant to law, a report of Amtrak
for the month of November 1972 (with ac-
companying report ) ; to the Committee on
Commerce.
Report of the National Railroad Passenger
Corporation
A letter from the Vice President of the Na-
tional Railroad Passenger Corporation, trans-
mitting, pursuant to law, a report of Amtrak
for the month of July 1972 (with an accom-
panying report) ; to the Committee on Com-
merce.
Report of the National Railroad Passenger
Corporation
A letter from the Vice President of the Na-
tional Railroad Passenger Corporation sub-
mitting, pursuant to law, a report of Amtrak
for the month of September 1972 (with ac-
companying report); to the Committee on
Commerce.
Report of the U.S. Coast Guard
A letter from the Commandant of the U.S.
Coast Guard submitting, pursuant to law, a
report on the number of officers above the
grade of lieutenant commander entitled to
receive incentive pay for flight duty (with
accompanying papers) ; to the Committee on
Commerce.
Major Natural Gas Pipeline
A letter from the Chairman of the Federal
Power Commission submitting, pursuant to
law, a copy of a map entitled "Major Natu-
ral Gas Pipelines. June 30, 1972" (with ac-
companying papers) ; to the Committee on
Commerce.
Statistics of Interstate Natural Gas
Pipeline Companies
A letter from the Chairman of the Federal
Power Commission submitting, pursuant to
law, a report entitled "Statistics of Interstate
Natural Gas Pipeline Companies. 1971" (with
accompanying publication) ; to the Commit-
tee on Commerce.
Report of the National Railroad
Passenger Corporation
A letter from the Vice Pre-'ident of the Na-
tional Railroad Passenger Corporation trans-
mitting, pursuant to law, the annual report
of Amtrak for the month of August 1972
(with accompanying report); to the Com-
mittee on Commerce.
Report of the National Railroad
Passenger Corporation
A letter from the Vice President of the Na-
tional Railroad Passenger Corporation trans-
mitting, pursuant to law, its report for the
month of October 1972 (with accompanying
report): to the Committee on Commerce.
Publications of the Federal Power
Commission
Two letters from the Chairmm of the Fed-
eral Power Commission submitting a publi-
cation entitled "Hydroelectric Plant Con-
struction Cost and Annual Production Ex-
penses, 1970" and "Steam-Electric Plant Con-
struction Cost and Annual Production Ex-
penses, 1970" (with accompanying publica-
tions) ; to the Committee on Commerce.
Report of the Alaska Railroad
A letter from the Secretary of Transpor-
tation submitting, pursuant to law, the an-
nual report on the administration of the
Alaska Railroad (with accompanying report);
to the Committee on Commerce.
Report of the District of Columbia Rede-
velopment Land Agency
A letter from the Chairman of the District
of Columbia Redevelopment Land Agency
submitting, pursuant to law. its annual re-
port for the fiscal year ending June 30, 1971
(With accompanying report) ; to the Commit-
tee on the District of Columbia.
Report of the Goverment of the District
OF Columbia City Council
A letter from the Chairman of the City
Council of the District of Columbia submit-
ting, pursuant to law, its report for the
period February 1969 through June 1970
(with accompanying report): to the Com-
mittee on the District of Columbia.
Report of the Secretary of the Treasury
A letter from the Secretary of the Treasury
submitting, pursuant to law, his annual re-
port on the finances of the Federal Govern-
ment for the fiscal year 1972 (with accom-
pany mg papers); to the Committee on
Finance.
Report of Secretary of the Treasury
A letter from the Secretary of the Treasu^,
transmitting, pursuant to law. a combine*
statement of receipts, expenditures and bal-
ances of the U.S. Government, for the fiscal
year ended June 30, 1972 (with an accom-
panying report) ; to the Committee on Fi-
nance.
January J^, 1973
CONGRESSIONAL RECORD — SENATE
89
Report op the Department of Health, Edu-
cation, AND Welfare
A letter from the Secretary of Health, Edu-
cation, and Welfare submitting, pursuant to
law, a report on Medicare for the fiscal year
1971 (with accompanying report); to the
Committee on Finance.
Report on Grants Financed Wholly With
Federal Funds
A letter from the Secretary of Health, Edu-
cation, and Welfare, reporting, pursuant to
law, that no projects were approved during
the period July 1, 1972, to September 30, 1972,
for grants financed wholly with Federal
funds; to the Committee on Finance.
International Agreements
A letter from the Assistant Legal Adviser
for Treaty Affairs of the Department of
State submitting, pursuant to law, a list and
the texts of certain International agreements
entered Into by the United States (with ac-
companying papers); to the Committee on
Foreign Relations.
Agreement With Columbia
A letter from the Assistant Secretary of
State submitting, pursuant to law, a copy of
an agreement with Colombia relating to
the deposit by Colombia of 10 percent of the
value of grant military assistance and ex-
cess defense articles provided by the United
States (with accompanying papers); to the
Committee on Foreign Relations.
Report of the U.S. Advisory Commisston on
International Educational and Cultural
Affairs
A letter from the Chairnmn of the U.S.
Advisory Commission on International Edu-
cational and Cultural Affairs submitting,
pursuant to law. its annual report (with
accompanying report); to the Committee on
Foreign Relations.
International Agreements
A letter from the Assistant Secretary of
State submitting, pursuant to law, a list
of 16 International agreements entered into
(with accompanying papers); to the Com-
mittee on Foreign Relations.
International Agreements
A letter from the Assistant Secretary of
State submitting, pursuant to law, a list and
copies of six international agreements that
have entered Into force within the past 60
days (with accompanying papers); to the
Committee on Foreign Relations.
International Agreements
A letter from the Assistant Secretary of
State submitting, pursuant to law, a list of
27 international agreements entered Into
since August 22, 1972 (with accompanying
papers); to the Committee on Foreign Re-
lations.
I Report of the Board of Foreign
Scholarships
A letter from the Chairman, the Board of
Foreign Scholarships, transmitting, pursuant
to law. "8, report of that Board (with an ac-
Dmpai\\-kiig report); to the Committee on
reign Jlelatlons.
REpaB^F THE National Advisory Council
ON International Monetary and Finan-
cial Policies
A letter from the Chairman of the Na-
tional Advisory Council on International
Monetary and Financial Policies submitting,
pursuant to law. the Council's annual report
covering the period July 1. 1971. through
June 30. 1972 (with accompanying report);
to the Committee on Foreign Relations.
International Agreements
A letter from the Assistant Legal Adviser
for Treaty Affairs of the Department of
State submitting, pursuant to law. copies of
International agreements other than trea-
ties entered Into by the United States with
accompanying papers) : to the Committee on
Foreign Relations.
Report Concerning Cambodia Obligations
A letter from the Assistant Secretary of
State submitting, pursuant to law. a report
showing the Cambodian assistance -related
funds obligated during the first quarter of
the fiscal year beginning July 1, 1972 (with
accompanying papers) ; to the Committee on
Foreign Relations
Deliveries of Excess Def'ense Articles
A letter from the Acting Assistant Secre-
tary of State submitting, pursuant to law a
report on deliveries of excess defense articles
during the fourth quarter of the fiscal year
1972 (with accompanying report); to the
Committee on Foreign Relations
Report Concerning Disposal of
Excess Property
A letter from the Secretary of Health. Ed-
ucation, and Welfare submitting, pursuant
to law. a negative report covering the dis-
posal of excess property in foreign countries
for the calendar year 1972 (with accompany-
ing report); to the Committee on Govern-
ment Operations.
RepoIit of the Department of the Interior
A letter from the Secretary of the Interior
submitting, ptirsuant to law, the annual re-
port on the minerals exploration assistance
program (with accompanying report) : to the
Committee on Interior and Insular Affairs.
Report of the Department of Defense
A letter from the Assistant Secretary of De-
fense submitting, pursuant tb law. the an-
nual report of the Department of Defense
relative to Its disposition! of foreign excess
personal property located in areas outside of
the United States (with accompanying pa-
pers); to the Committee on Government
Operations.
REPoar OF Commission on Government
Procurement
A letter from the Chairman. Commission
on Government Procuremejit. transmitting,
pursuant to law. a report of that Commission
(with an accompanying report) : to the Com-
mittee on Government Operations.
Reports of Comptroller General
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report entitled "Budgetary And Fiscal
Information Needs of the Congress." dated
November IC, 1972 (with an accompanying
report); to the Committee on Government
Operations.
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report entitled "Ways to Inwease Field
Office Contributions to Commerce's Export '
Expansion Efforts," Department of Commerce,
dated November 14, 1972 (with an accom-
panying report) ; to the Committee on Gov-
ernment Operations.
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report entitled "Study of Health Fa-
cilities Construction Costs," dated November
20, 1972 (with an accompanying report); to
the Committee on Government Operations.
A letter from the Comptroller General of
the United States transmitting, pursuant to
law, a report entitled "Need to Improve Ad-
ministration of the Water Pollution Research,
Development, and Demonstration Program."
Environmental Prctectlon Agency, dated No-
vember 21, 1972 (with an accompanying re-
port); to the Committee on Government
Operations.
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report entitled "Opportunity for Re-
ducing Interest Costs Under Sections 235
and 236 Housing Programs." Department of
Housing and Urban Development, dated No-
vember 22, 1972 (with an accompanying re-
port) ; to the Committee on Government
Operations.
A letter from the Comptroller General of
the United States, transmitting, pursuant
to law, a report entitled "Southwestern Fed-
eral Power Program — Financial Progress and
Problems," Department of the Interior, De-
partment of the Army, dated November 22.
1972 (with an accompanying report); to the
Committee on Government Operations.
A letter from the Comptroller General of
the United States, transmitting, pursuant
to law. a report entitled "Examination of
financial statements of the Federal Home
Loan Bank Board. Federal Home Loan Banks,
and Federal Savings and Loan Insurance
Corporation for the year ended December 31,
1971, dated November 28, 1972 (with an ac-
companying report): to the Committee on
Government Operations.
A letter from the Compti^dler General of
the United States, transmitting, pursuant
to law. a report entitled "Audit of Payments
from Special Bank Account to Lockheed Air-
craft Corporation for the C-5 Aircraft Pro-
gram during the quarter ended September
30. 1972", Department of Defense, dated No-
vember 29, 1972 (With an accompanying re-
port); to the Committee on Government
Operations.
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report entitled "Congress Should Re-
evaluate the 160-acre Limitation on Land
EUt?ible to Receive Water From Federal Wa-
ter Resources Project." Bureau of Reclama-
tion, Department of the Interior, dated No-
vember 30, 1972 (with an accompanying re-
port ) ; to the Committee on Government
Operations.
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law. a report entitled "Audit of Financial
Statements of Samt Lawrence Seaway Devel-
opment Corporation Calendar Year 1971,"
Department of Transportation, dated Decem-
ber 6, 1972 (With an accompanying report);
to the Committee on Government Opera-
tions.
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report entitled "Opportunities to Re-
duce Costs in Acquiring Properties Result-
ing from Defaults on Home Loans," Depart-
ment of Housing and Urban Development,
Veterans Administration, dated October 20,
1972 ( with an accompanying report ) : to the
Committee on Government Operations.
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report entitled "Commercial Offices
Abroad Need Substantial Improvements to
Assist U.S. Export Objectives." Department
of State. Department cf Commerce, dated
October 24. 1972 (with an accompanying re-
port) ; to the Committee on Government-Op-
erations.
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report entitled "Need for Federal Agen-
cies to Improve Solid Waste Management
Practices," dated October 26, 1972 (with an
accompanying report); to the Committee on
Government Operations.
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report entitled "PavToU Operations of
the District of Columbia Government Need
Improvement," dated October 30. 1972 (with
an accompanying report); to the Committee
on Grovernment Operations.
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report entitled "Achievements, Cost,
and Administration of the Ocean Sediment
Coring Program." National Science Founda-
tion, dated November 1, 1972 (with an ac-
companying report): to the Committee on
Government Operations.
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law. a report entitled "Fundamental Changes
Needed to Achieve Effective Enforcement of
Radio Communication Regulations." Federal
Communications Commission, dated Novem-
ber 3. 1972 (with an accompanying report):
90
to tpie Committee on Government Opera-
tion
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CONGRESSIONAL RECORD — SENATE
January -4, 1973
letter from the Comptroller General of
Jnited States, transmitting, pursuant to
a report entitled "Opportunities to Im-
Effectl^'eness and Reduce Costs of
rshlp Assistance Programs." De-
ent of Housing and Urban Develop-
Department of Agriculture, dated De-
29. 1972 (With an accompanying re-
to the Committee on Government
ations.
letter from the Comptroller General of
L'nited States, transmitting, pursuant to
a report entitled "Means for Increasing
Use of Defense Technology for Urgent
ic Problems," Department of Defense.
of Management and Budget, and other
Agencies, dated December 29, 1972 (with
; ccompanylng report) ; to the Committee
Jovernment Operations.
letter from the Comptroller General
le United States, transmitting, pursuant
i\v. a report entitled "Implementation
mergency Loan Guarantee Act." Lock-
Aircraft Corporation, Emergency Loan
ee Board, dated December 6, 1972
h an accompanying report); to the
itlee on Government Operations.
letter 'rom the Comptroller General of
United States, transmitting, pursuant to
^. report entitled "Administration of
ract Studies Could be Improved," De-
.t of the Army, dated December 11.
•vlth an accompanying report); to the
tee on Government Operations.
letter from the Comptroller General of
United States, transmitting, pursuant to
a report entitled "Little Progress by the
ment of Defense in Acting on Oppor-
for Significant Savings by Consol-
Real Property Maintenance Orga-
ions." dated December 12. 1972 (with
ccompanylng report) : to the Committee
jcvernment Operations,
letter from the Comptroller General of
Uiiited States, transmitting, pursuant to
a report entitled "Estimates of the Im-
of Inflation on the Costs of Proposed
rams Should be Available to Committees
;he Congress." dated December 14. 1972
1th an acompanying report): to the Com-
ee on Government Operations,
letter from the Comptroller General of
United States, transmitting, pursuant to
a report entitled "Audit of Commodity
it Corporation Fiscal Year 1972." Depart-
of Agriculture, dated December 18.
(with an accompanying report): to the
inmlttee on Government Operations.
. letter from the Comptroller General of
United States, transmitting, pursuant to
. a report entitled "Unclaimed Benefits In
Civil Service Retirement Fund." Civil
Ice Commission, dated December 20, 1972
th an accompanying report ) : to the Com-
tee on Government Operations.
. letter from the Comptroller General of
United States, transmitting, pursuant to
a report entitled "Audit of Federal Crop
urance Corporation Fiscal Year 1972."
of Agriculture, dated December
22. 1972 (with an accompanying report):
to the Committee on Government Opera-
tions.
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th
la
In,
Debartment
letter from the Comptroller General of
United States submitting, pursuant to
a report entitled "Unauthorized Use of
Piihds for Construction and Alteration of
Dlic Buildings (with accompanying re-
t ) : to the Committee on Government
ions.
V letter from the Compti^oller General of
United States submitting, pursuant to
.1 report concerning the claim of Mr.
Jojin H Hart (with accompanying papers):
he Committee on the Judiciary.
OF THE General AccotrNTiNG Office
Two letters from the Comptroller General
the United States submitting, pursuant to
two lists of reports of the General Ac-
th
la-
Pi
Pu
po '
Op erati
th
la\
Jc
to
ReJports
of
lair
counting OEBce for October and November,
1972 (with accompanying papers): to the
Committee on Government Operations.
Proposed Disposition of Certain Land
* Within Newbitryport, Mass.
A letter from the Chairman of the Ad-
visory Council on Historic Preservation sub-
mitting, pursuant to law, the comments of
the council on the proposed disposition of
certain land within the Newburyport, Mass.,
Central Business Urban Renewal Project area
(with accompanying papers) ; to the Commit-
tee on Interior and Insular Affairs.
Report on Adequate Soil Survey and Land
Classification
A letter from the Assistant Secretary of the
Interior, reporting, pursuant to law, that an
adequate soil survey and land classification
has been completed of the lands In the Nar-
rows Unit, South Platte Division. Pick-Sloau
Missouri Basin program (with ar> accom-
panying paper): to the Committee on In-
terior and Insular Affairs.
Report on Outer Continental Shelf Lands
Act of 1953
A letter from the Deputy Assistant Secre-
tary— Management and Budget. Department
of the Interior, reporting, pursuant to law,
on receipts and expenditures In connection
with the administration of the Outer Con-
tinental Shelf Lands Act of 1953: to the
Committee on Interior and Insular Affairs.
Proposed Concession Contract Within
Natchez Trace Parkway, Miss.
A letter from the Acting Assistant Secre-
tary of the Interior submitting, pursuant to
law, a proposed concession contract provid-
ing for an automobile service station and
merchandise facilities and service for the
public within Natchez Trace Parkway, Miss,
(with accompanying papers): to the Com-
mittee on Interior and Insular Afflalrs.
Proposed Concession Contract for Services
at National Capftal Parks Areas
A letter from the Deputy Assistant Secre-
tary of the Interior submitting, pursuant to
law, a proposed amendment to the concession
contract authorizing the operation of golf
courses and provision of related facilities and
services in areas administered by National
Capital Parks (with accompanying papers):
to the Committee on Interior and Insular
Affairs. f
Proposed Concessiop? Contract Providino
Services at Searchlight Ferry Site, Nev.
A letter from the Assistant Secretary of the
Interior submitting, pursuant to law, a copy
of a proposed concession contract providing
accommodations, facllitlas. and services for
the public at the Searchlight Ferry Site in
Lake Mead National Recreation Area, Nev.
( with accompanying papers) ; to the Commit-
tee on Interior and Insular Affairs.
Proposed Concession Contract Providing
Services at Drakes Bay, Calif.
A letter from the Deputy Assistant Secre-
tary of the Interior submitting, pursuant to
law, a copy of a proposed concession contract
providing food and beverage services for the
public at Drakes Bay within Point Reyes Na-
tional Seashore, Calif, (with accompanying
papers): to the Committee on Interior and
Insular Affairs.
Adjustment of Reimbursable Charges of
THE United States
A letter from the Assistant Secretary of
the Interior submitting, pursuant to law.
copies of two orders covering cancellations
and adjustments of reimbursable charges of
the Government of the United States (with
accompanying papers) : to the Committee on
Interior and Insular Affairs.
Report op the Dep.artment of the Interior
A letter from the Secretary of the Interior
submitting, pursuant to law, a report of
withdrawals of unreserved public lands In
the State of Alaska and related activities
during the period between June 18 and
December 17, 1972 (with accompanying
papers ) ; to the Committee on Interior and
Insular Affairs.
Projects Selected for Finding Through
Grants
A letter from the Secretary of the Interior
submitting, pursuant to law, the descriptions
of projects selected for funding through
grants, contracts, and matching or other ar-
rangements with educational and other In-
stitutions (with accompanying papers); to
the Committee on Interior and Insular
Affairs.
Report of the Veterans of World War I
A letter from the National Quartermaster
of the Veterans of World I submitting, pur-
suant to law. Its annual financial report as
of September 30, 1972 (with accompanying
papers); to the Committee on the Judiciary.
Report on Defector Aliens
A lett^ from the Commissioner, Immi-
gration and Naturalization Service, Depart-
ment of Justice, transmitting, pursuant to
law, orders entered in the case of certain
defector aliens (with accompanying papers):
to the Committee on the Judiciary.
Orders of the Immigration and
Naturalization Service
A letter from the Commissioner of the
Immigration and Naturalization Service sub-
mitting, pursuant to law, copies of orders
entered In behalf of certain aliens (with ac-
companying papers): to the Committee on
the Judiciary.
Reports Concerning Visa Petitions
A letter from the Commissioner of the
Immigration and Naturalization Service sub-
mitting, pursuant to law, reports concern-
ing visa petitions which have been approved
accordmg the beneficiaries of such petitions
third and sixth preference classifications
(with accompanying papers): to the Com-
mittee on the Judiciary.
Third Preference and Sixth Preference
FOR Certain Aliens
A letter from the Commissioner, Immigra-
tion and Naturalization Service, Department
of Justice, transmitting, pursuant to law,
reports relating to third preference and sixth
preference classifications for certain aliens
(With accompanying papers); to the Com-
mittee on the Judiciary.
Temporary Admission Into the United
States of Certain Aliens
A letter from the Commissioner. Immigra-
tion and Naturalization Service. Department
of Justice, transmitting, pursuant to law, re-
ports on temporary admission into the United
States of certain aliens (with accompanying
papers) ; to the Committee on the Judiciary.
Financial Statement of the Legion of
Valor
A letter from the Corporation Agent, Le-
gion of Valor of the United States of America.
Inc., transmitting, pursuant to law, a report
of that organization, for tne fiscal year ended
July 31. 1972 (with an accompanying re-
port) ; to the Committee on the Judiciary.
Orders of the Immigration and Naturaliza-
tion Service Concerning Certain Aliens
A letter from the Commissioner of the
Immigration and Naturalization Service en-
tered in the cases of certain aliens who have
been found admissible to the United States
(with accompanying papers): to the Com-
mittee on the Judiciary.
Report of the Secretary of Health,
Education, and Welfare
A letter from the Secretary of Health, Edu-
cation, and Welfare submitting, pursuant to
law. the annual report of the National Center
for Deaf-Blind Youths and Adults for the
fiscal year 1972 (with accompanying report);
to the Committee on Labor and Public Wel-
fare.
Jamiary ^, 1973
CONGRESSIONAL RECORD — SENATE
91
Report Entitled "Towards a Systematic
Analysis op Health Care in the United
States"
A letter from the Secretary of Health. Edu-
cation, and Welfare, transmitting, pursuant
to law, a report entitled "Towards a Sys-
tematic Analysis of Health Care in the
United States" (with an accompanying re-
port): to the Committee on Labor and i*ub-
lio Welfare.
Report of Gallaudet College
■ A letter from the Secretary of Health Edu-
cation, and Welfare, transmitting, pursuant
to law, a report of Gallaudet College con-
cerning the establishment and operation of
the Model Secondary School for the Deaf,
for the year ended June 30. 1972 (with an
accompanying report): to the Committee on
Labor and Public Welfare.
Report of the Committee for Purchase op
Products and Services of the Blind and
Other Severely Handicapped
A letter from the Chairman of the Com-
mittee for Purchase of Products and Sen-ices
of the Blind and Other Severely Handi-
capped submitting, pursuant to law, his re-
port for the fiscal year ending June 30, 1972
(with accompanying report) : to the Com-
mittee on Labor and Public Welfare.
Annual Report of the Civn, Service
Commission
A letter from the Chairman of the Civil
Service Commission submitting, pursuant to
law, the annual report of the Board of Ac-
tuaries of the Civil Service Retirement Sys-
tem for the fiscal year ending June 30, 1972
(with accompanying report); to the Com-
mittee on Post Office and Civil Service.
Report op the U.S. Arms Control and Dis-
armament Agency
A letter from the Director of the United
States Arms Control and Disarmament Agen-
cy submitting, pursuant to law, its annual
report for the calendar year 1972 on the 14
scientific or professional positions authorized
for establishment in the U.S. Arms Control
and Disarmament Agency (with accompany-
ing papers): to the Committee on Post Office
and Civil Service.
Report of the U.S. Postal Service
A letter from the Chairman of the Board
of Governors of the U.S. Postal Service sub-
mitting, pursuant to law. the report of the
U.S. Postal Service for the fiscal year ending
June 30. 1972 (with accompanying report);
to the Committee on Post Office and Civil
Service.
Report of the Department of Commerce
A letter from the Director of Personnel of
the Department of Commerce submitting.
pursuant to law, the report of the scientific
and professional positions which are estab-
lished in the Department of Commerce (with
accompanying papers); to the Committee en
Post Office and Civil Service.
Report of the Tennessee Valley Authority
A letter from the Director of the Tennessee
Valley Authority submitting, pursuant to
law, its anual report for the fiscal year begin-
ning July 1, 1971 (with accompanying re-
port); to the Committee on Public Works.
Report of Foi-r Corners Regional
Commission
A letter from the Federal Cochairman, Four
Corners Regional Commission, transmitting,
pursuant to law. a report of that Commission,
for the year 1972 (with an accompanying re-
port); to the Committee on Public Works.
PROSPFCTusrs Rfi.atin'g to Proposed Alter-
ation of Ceiitain Ptjblic Buildings
A l-::tter from the Actiiig Administrator,
General Services Administration, transmit-
ting, pursuant to law. prospectuses relating
to the propcsed alter.ition of certain public
buildings (with accompanying papers); to
the Committee on Public Works.
Prospectus on Proposed Construction op
Certain Social Security Administration
Payment Centers
A letter from the Acting Administrator,
General Services Administration, transmit-
ting, pursuant to law, a prospectus on pro-
posed construction of certain Social Security
Administration payment centers (with ac-
companying p>apers); to the Committee on
Public Works.
Report op the Committee on Motor
Vehicle Emissions
A letter from the President of the National
Academy of Sciences transmitting a oopy of
a letter to the Administrator of the Environ-
mental Protection Agency (with accompany-
ing letter): to the Committee on Public
Works.
Proclamation Relating to Death of Former
President Harry S Truman
A letter from the Acting Secretary of State,
transmitting, for the information of the Sen-
ate, a proclamation by President Nixon offi-
cially announcing the death of Harry S Tru-
man, former President of the United States
(with an accompanying paper); ordered to
lie on the table.
Condolences on Death of Former PREsiofeNT
Truman
A letter from the Ambassador of Ttirkey,
transmitting a message by the President of
the Senate of the Republic of Turkey, on the
occasion of the death of Harry S Truman,
former President of the United States (with
an accompanying paper); ordered to lie on
the table. ^
\
PETITIONS
Petitions were laid before the Senate
and referred as indicated:
A joint resolution of the Legislature of the
State of California; to the Committee on the
Judiciary:
By the PRESIDENT pro tempore:
"Senate Joint Resolution No. 20
Relative to ratification of an amendment to
the Constitution of the United States, pro-
posed by the Congress of the United States,
relating to equal rights for men and women
"legislative counsel's digest
"SJR. 20. Dymally. Equal rights.
"Ratifies proposed amendment to United
States, which shall be valid to all intents and
rights for men and women.
"Whereas. The 92nd Congress of the United
States of America has adopted House Joint
Resolution No. 208, two-thirds of each house
concurring therein, proposing an amendment
to the Constitution of the United States. In
the following words, to wit;
"JOINT RESOLtrriON
" 'Proposing an amendment to the Consti-
tution of the Ur.lted States relative to equal
rights for men and women.
" 'Resolved by the Senate and House of
Representatives of the United States of
America in Congress assembled (two-thirds
of each House concurring therein) , Tliat the
following article is proposed as an amend-
ment to the Constitution of the United
States, which shall be valid to all Intents and
purposes as part of the Constitution when
ratified by the Legislatures of three-fourths
of the several States within seven years from
the date of its submission by the Congress:
" 'ARTICLE —
Section 1. Equality of rights under the
law shall not be denied or abridged by the
United States or by any State on account of
sex.
" ' "Sec. 2. The Congress shall have the
power to enforce, by appropriate legislation,
the provisions of this article.
Sec. 3. This amendment shall take
effect two years after the date of ratifica-
tion." ' "; and
"Whereas, Said proposed amendment will tj
be valid as part of the Constitution of the ^
United States when ratified by' the leglsla- '
tures of three-fourths of the several states; '
now. therefore, be It
'•Resolved by the Senate and Assembly of
the State of California, jointly, A majority
of all the members elected to each house of
said Legislature voting In favor thereof, that
the proposed amendment be and the same Is'
hereby ratified by the Legislature of the
State of California; and be it further
"Resolved, That certified copies of the fore-
going preamble and resolution be forwarded
by the Governor of the State of California
to the President of the United States, the
Vice President of the United States, the
Speaker of the House of Representatives of
the United States, and the Administrator of
General Services."
Two Joint resolutions from the Legislature
of the State of California; to the Committee
on Labor and Public Welfare:
Senate Joint Resolution No. 31
"Relative to blind vending stand operators
"legislative counsel's digest
"Memorializes the President and Congress
not to revoke regulations luider which the
blind and near blind are given preference
In operating vending stands in federally
owned or leased buildings.
"Whereas. The Legislature of the State of
California Is concerned about the welfare
of the blind residents of the state in striving
to render themselves self-supporting and In
the economic opportunities that are avail-
able to them in achieving and maintaining
self-support: and
"Whereas, Pursuant to the Randolph Shep-
pard Act of 1938 the United States govern-
ment is preparing to revoke a 44-year-old
regulation under which the blind and near
blind are given preference in operating vend-
ing stands in federally owned or leased build-
ings: and
"Whereas, The changes In regulations pro-
posed by the General Services Administra-
tion would eliminate the preference the blind
receive in bidding on the concessions, and
also further restrict merchandise that could
be sold at the stands; and
"Whereas, Such sweeping changes It
philosophy as well as policy may have a
profound as well as disastrous effect on thou-
sands of self-supporting blind persons oper-
ating vending stands in federal facilities in
this state and across the country; now, there-
fore, be It
••Resolved by the Senate and Assembly of
the State of California, jointly, That the
Legislature of the State of California me-
morializes the United States government not
to revoke regulations under which the blind
and near blind are given preference in oper-
ating vending stands in federally owned or
leased buildings; and be It further
"Resolved, That the Secretary of the Sen-
ate transmit copies of this resolution to the
President and Vice President of the United
States, to the Speaker of the House of Rep-
resentatives, to each Senator and Representa-
tive from California in the Congress of the
United States, the Department of Health,
Education and Welfare, the General Serv-
ices Administration and the Commissioner of
Public Building Service."
"Senate Joint Resolution No. 30
"Relative to Sickle Cell Anemia Programs
"legislative COL-NSEli'S DIGEST
"Memorializes the President and Congress •
of the United States to take whatever action
that Is necessary to make federal funds avail-
able as rapidly as possible for the continued
operation of urgently needed sickle cell
anemia programs such as Sickle Cell Anemia
Research and Education. Inc.
"Whereas. SCARE (Sickle Cell Anemia Re-
search and Education, Inc.) provides a com-
92
ale
Pre
Stf
?er
tiv'
Un
qu
oo
of
5tr icted
1st
str
tol
th^
on
an
res
the
beqn
P
has
dls-
age
the
CONGRESSIONAL RECORD — SENATE
January 4, 1973
plet ely unique service pj^gram to victims
of s Okie cell anemia, as well as the total com-
mu Uty of northern California, through Its
free screening, education and medical care
pro ects; and
Vhereas. The residents of the City and
Cot nty of San Francisco have benefited from
the tireless efforts of SCARE'S staff for over a
yea ; and
Vhereas. SCARE Is faced vlth a serious
lacl of funds, whlci. situation has forced It
to c ut back services, such as the provision of
tirg mtly needed testing to the at-risk popu-
latl )n. and may cause a potential. y tragic
Intc rruption In SCARE'S medical and emer-
gen ;y services for the victims of sickle cell
ane ula; and
Vhereas. SCARE has received the en-
dor ement of the Department of Health. Edu-
catlon and Welfare and Intends to apply for
fedi ral funds to continue --Its much" needed
pro jrams: and
Vhereas. The President of the United
Sta es vetoed the appropriations bill which
v.oi Id have provided funds for the operation
of the Department of Health, Education and
■Welfare for the current fiscal year; and
.Vhereas. SCARE Is unable to apply for
funis to the Department of Health. Educa-
tlot and Welfare until guidelines and moneys
are made available; now, therefore, be It
Resolved by the Senate and Assembly of
the State of qatifornia, jointly, That the Leg-
lsla:ure of thV State of California memori-
alizes the President, the Congress of the
Uni ted States, and the Department of Health,
Edv cation and Welfare to take whatever ac-
tioi, that is necessary to make federal funds
a-a liable as rapidly as possible for the con-
tinued operatior of urgently needed sickle
cell anemia programs such as SCARE, in
ord ;r to meet community needs: and be It
fur her
lesolvrd. That the Secretary of the Sen-
transmit a copy ot this resolution to the
iident and Vice President of the United
es. to the Speaker of the House of Repre-
atives. to each Senator and Representa-
from California In the Congress of the
hed States and to the Department of
He4lth. Education and Welfare,"
Joint resolution from the Legislature of
thej State of California; to the Committee c^n
Puillc Works:
"Senate .Joint REsoLirnoN No, 34
"Relating to the Antioch Bridge
' LEGISLATIVE COUNSEL'S DIGEST
bequest the Federal Highway Adminlstra-
tlou to provide federal assistance in the con-
.struction of a new Antioch Bridge under the
Fee era: Aid Highway Act of 1970 Bridge Re-
plarjment Program.
' V\Tiereas. The Department of Public
Wo-ks of the State of California has com-
ple ed. pursuant to a request of the Califor-
nia Legislature, a study concerning the con-
str|ictlon of a new cro.sslng of the San Joa-
Rlver near the site of the present Anti-
Bridge, which Is located In the Counties
Contra Costa and Sacramento In this
ate: and
Whereas. The study Indicates that the ex-
ig Antioch Bridge, which was con-
in the 1920s. Is barely capable of
rating legal loads. Is narrow in width.
the vertical sight distance Is restricted
the bridge, and that there Is risk that at
time the structure could collapse as thq
lU of a ship collision: and
Whereas, Ship collisions nearly collapsed
bridge in 1958. 1963, and 1970, there has
flooding from time to time of the ap-
ch highway, and whenever the bridge
been closed It has resulted In a serious
uption of highway traffic and severe dam-
to the livelihood of many citizens and
economy of the area: and
Whereas, The construction of a new Anti-
ocl Bridge is clearly necessary, based on the
cor dltlon of the existing bridge: and
:n
i
"Whereas. The bridge Is number one on
the priority list of bridges recommended for
replacement under the Fsderal Aid Highway
Act of 1970 Bridge Replacement Program
which the Departm-int of Public Works has
submitted to the Federal Highway Adminis-
tration now, therefore, be It
"Resolved by the Senate and Assembly oj
the State of California, jointly. That the Leg-
islature of the State of Callfcrnla respectfully
■ re.'iuests the Federal Highway Administration
to provide federal assistance In the construc-
tion of a new Antioch Bridge under the Fed-
eral Aid Highway Act of 1970 Bridge Replace-
ment Program; and be It further
"Resolved. That the Secretary of the Sen-
ate transmit copies of this resolution to the
President and Vice President of the United
States, to the Secretary of Transportation,
to the Federal Highway Administrator, to the
Speaker of the H'use of Representatives, and
to each Senator and Representative from
California In the Congress of the United
States,"
A joint resolution of the Leglslatiu^e of the
Commonwealth of Pennsylvania; to the Com-
mittee on the Judiciary:
"Joint REsoLtJTioN No. 2
"Joint resolution ratifying the proposal
amendment to the Constitution of the
United States relative to equal rights for
men and women
"The General Assembly of the Common-
wealth of Pennsylvania hereby resolves as
follows :
"Section 1. The proposed amendment to
the Constitution of the United States pro-
viding as follows:
" 'Article
"'Section 1. Equality of rights under the
law shall not be denied or abridged by the
United States or by any state on account of
sex.
'• 'Section 2. The Congress shall have the
power to enforce, by appropriate legislation,
the provisions of tlils article.
" Section 3. This amendment shall take
effect two years after the date of ratification,"
Is hereby ratified by the General Assembly
of the Commonwealth of Pennsylvania.'
'Section 2. A certified copy of the forego-
ing resolutign shall be forwarded to the Ad-
;ministrator of General Services In accord-
^anc with 1 U.S.C, § 106. to the President of
< th'? United States Senate and to the Speaker
•;of the United States House of Representa-
tives."
Three resolutions adopted by the National
Guard Association of the United States,
relating to the military posture of the United
States; to the Committee on Armed Services.
A resolution adopted by the Associated
Plumbing and Mechanical Contractors of
Florida, Inc., relating to the use of sub-
standard plumbing materials; to the Com-
mittee on Banking, Housing and Urban
Affairs.
A petition f»om the Fur Takers of Amer-
ica, Barberton, Ohio, supporting the, use of
the steel trap; to the Committee on
Commerce.
A resolution adopted by the Northwest
Aviation Council Seattle, Washiiigton, re-
lating to the protection of persons traveling
in interstate commerce; to the Committee on
Commerce,
A resolution adopted by the Los Angeles
City Council, praying for the establishment
of quotas to regulate Imports; to the Com-
mittee on Finance.
A resolution adopted by the Mahoning
County Commissioners, Youngstown, Ohio,
relating to food stamps; to the Committee on
Finance.
A resolution adopted by the city council
of Youngstown. Ohio, relating to revenue-
sharing moneys: to the Committee on Fi-
nance, #
A resolution adopted by the board of sti-
pervlsors of Jackson County, Miss., com-
mending the Federal Government for the
Revenue Sharing Act; to the Committee on
Finance.
Two resolutions adopted by the National
Guard Association of the United States, re-
lating to the conflict in Southeast Asia; to
the Committee on Foreign Relations.
A resolution adopted by the Enlisted As-
sociation of the National Guard of the
United States, in support of actions taken by
the President; to the Committee on Foreign
Relations.
A resolution adoptecJt by the National
Guard Association of the United States, re-
lating to the American Revolution Bicenten-
nial; to the Committee on the Judiciary.
The petition of P, J. Peterson. New York,
N.Y., in support of the death penalty; to
the Committee on the Judiciary.
A resolution adopted by the Polish Ameri-
can Congress. Syracuse, N.Y.. relating to the
forthcoming quincentennial of the birth of
MlkolaJ Kopernik; to the Committee on the
Judiciary.
A resolution adopted by the Greater Johns-
town School District, Johnstown, Pa., relat-
ing to the celebration of Veterans Day; to
the Committee on the Judiciarj',
A resolution adopted by the Barre City
Council, Barre, Vt., relating to the appor-
tionment of state legislatures: to the Com-
mittee on the Judiciary.
A resolution adopted by the Vermont State
School Directors Association, Montpelier. Vt.,
relating to the apportionment of the State
legislature; to the Committee on the Judi-
ciary.
A resolution adopted by the city of Mont-
pelier. Vt,, relating to the apportionment of
the State legislature; to the Committee on
the Judiciary.
The petition of Mr. Moscow Minor, praying
for a redress of grievances; to the Committee
on the Judiciary.
A resolution adopted by the Prince Geor-
ges County Municipal Association. Bladens-
burg. Md,. praying for the enactment of leg-
islation relating to better distribution of
funds: to the Committee on Labor and Pub-
lic Welfare.
A resolution adopted by the Idaho Com-
mission on Women's Programs, Boise. Idaho,
reluf g to the distribution formula for Fed-
eral . ands for higher education; to the Com-
mittee on Labor and Public Welfare.
A resolution adopted by the Bay City Com-
mission, Bay City, Mich,, relating to water
pollution control; to the Committee on Pub-
lic Works.
INTRODUCTION OF BILLS AND
JOINT RESOLUTIONS
The following bills and joint resolu-
tions ■were introduced, read the first time
and. by unanimous consent, the second
time, and referred as indicated:
By Mr. McCLELLAN (for himself, Mr.
Ervin, and Mr. HruskaI :
S. 1. A bill to codify, revise and reform
title 18 of the United States Code; to make
appropriate amendments to the Federal
Rules of Criminal Procedure; to make con-
forming amendments to criminal provisions
of other titles of the United States Code;
and for other purposes. Referred to the Com-
mittee on the Judiciary.
By Mr. GRAVEL (for himself and Mr.
Hart) :
S. 2. A bill to provide for the cessation of
bombing In Indochina and for the with-
drawal of US. military personnel from the
Republic of Vietnam, Cambodia, and Laos.
Referred to the Committee on Foreign Rela-
tions.
By Mr. KENNEDY (for himself, Mr.
Case, Mr. Clark, Mr. Cranston, Mr.
Gravel, Mr. Hart, Mr. Hughes, Mr.
Humphrey. Mr, Inouye, Mr. McGee,
Mr. McGovERN, Mr, Metcalf, Mr.
January If, 1973
CONGRESSIONAL RECORD — SENATE
Mondale, Mr. Moss, Mr. Muskie, Mr.
^ Pastore, Mr. Pell, Mr. Tunney, and
Mr. Hathaway) :
Sr 3. A bill to create a national system of
health security. Referred to the Committee
on Finance.
By Mr. WILLIAMS (for himself, Mr.
Javits, Mr. Bayh, Mr. Beall, Mr.
Bible, Mr. Brooke, Mr. Burdick,
Mr. Case. Mr. Cook. Mr, Cranston,
Mr, DoMiNiCK, Mr. Eagleton, Mr.
Gravel, Mr. Hart. Mr. Hughes, Mr.
Humphrey, Mr, Inouye, Mr. Jack-
son, Mr. Kennedy. Mr. Macnuson,
Mr. Mansfield, Mr, McGee. Mr.
McGovern. Mr. McIntyre, Mr. Mon-
dale, Mr. MoNTOYA, Mr. Moss, Mr.
Muskie, Mr. Nelson. Mr. Pastore,
Mr. Pell, Mr. Percy. Mr, Randolph'
Mr, RiBicoFF, Mr. Schweiker, Mr.
Sparkman, Mr. Stafford, Mr.
Stevenson, Mr. Taft, Mr. Tunney,
and Mr. Weicker) :
S. 4. A bill to strengthen and improve the
protections and interests of participants and
beneficiaries of employee pension and welfare
benefit plans. Referred to the Committee on
Labor and Publi': Welfare.
By Mr. MONDALE (for himself and Mr.
Javits ) :
S, 5, A bill to promote the public welfare.
Referred to t^e Committee en Labcr and
Public Welfare.
By Mr, WILLIAMS (for himiielf. Mr.
Magnueon, Mr. Randolph, Mr. Pell,
Mr. Stevenson, Mr, Mondale, Mr!
Hughes, Mr. Stafford. Mr. Javits,
Mr. Brooke, Mr. Schweiker, Mr.
Hu.MPHREY, Mr, Bentsen, Mr. McGee,
Mr. Moss, Mr. Stevens. Mr, Hart,
Mr. Chiles. Mr, Bible. Mr. Pastore,
Mr. Cannon. Mr, Hollings, Mr, Tun-
. NEY. and Mr. Kennedy) :
S. K, A bill ro provide financial assistance
to the States for improved educational serv-
ices for handicapped chl!dre:\ Ref?rred to
the Committee on Labor and Public Wel-
' fare.
By Mr. RANDOLPH (^for himself. Mr.
Cranston. Mr. Stafford. Mr. 'Wil-
liams, Mr. Javits, Mr. Taft, Mr. Ken-
nedy. Mr. Mondale, Mr. Pell. Mr.
STrvENsoN. and Mr, Eagleton) :
S. 7. A b.n to amend the Vocational Re-
habilitation Act to extend and revise the
authorization of irants to States for voca-
tional rehabilitation services, to authorize
graats for rehabilitation services to those
^Ith severe disabilities, and for other pur-
poses. Referred to the Committee on Labcr
a:id Pi'.blic Welfare.
By Mr. NELSON:
S. 8. A bill to end funding for bombing
of North and South Vietnam. Referred to
the Cnmmiitep on Foreign Relations
By Mr. McCLELLAN:
S. 9. A bill to consent to the Interstate
Environment Campnct. Referred to the Com-
mittee on the Judiciary.
SIC A bill to establish a natio'ial policy
relative to the revltallzation of rural and
other ecoBcmlcally distressed areas by pro-
viding incentives for a more even and prac-
tical geographic distribution of industrial
growth and activity and developing man-
power training programs to meet the needs
of industry, and for other purposes. Re-
ferred to the Committee on Government
Oper.!tions.
S. 11. A bill to grant the consent of the
United States to the Arkansas River Basin
compact. .'Vrkansas-Oklahoma. Referred to
the Committee on the Judiciary.
By Mr. WILLIAMS:
S. 12. A bill to amend title VII of the Hous-
ing Act of 1961 to establish an Urban Park-
land Heritage Corporation to provide funds
for the acquisition and operation of open-
space land, and for other purposes. Referred
to the Committee on Banking, Housing and
Urban Affairs.
93
By Mr. McCLELLAN (for himself and
Mr. Hruska) :
S. 13. A bill to amend title 18 of the United
States Code to provide civil remedies to vic-
tims of racketing activity and theft, and for
other purposes. Referred to the Committee
on the Judiciary.
By Mr. KENNEDY (for himself and
Mr. Williams, Mr. Javits, Mr.
Brooke, Mr. Cranston, Mr. Hart.
Mr. Hughes, Mr. Humphrey, Mr!
Metcalf. Mr. Mondale. Mr. Moss.
Mr. Pell, Mr. Randolph, Mr. Ribi-
coFF, Mr. Stevenson, and Mr.
- Tunney) :
S. 14. A bill to amend the» Public Health
Service Act to provide assistance and en-
couragement for the establishment and ex-
pansion of health malnteraance organiza-
tions, health care resources, and the estab-
lishment of a Quality Health Care Commis-
sion, and for other purposes. Referred to the
Committee on Labor and Public Welfare
By Mr. McCLELLAN (for himself, Mr.
Hruska, and Mr. Thurmond) :
S. 15. A bill to amend the Omnibus Crime
Control and Safe Streets Act of 1968 to pro-
vide a Federal death benefit to the surviving
dependents of public safety officers. Referred
to the Committee on the Judiciary
By Mr. SCHWEIKER:
S. 16. A bill to amend the Communica-
tions Act of 1934 to establish orderly proce-
dures for the consideration of application
for renewal oi broadcast licenses. Referred to
the Committee on Commerce.
S. 17. A bill to amend the Public Health
Service Act to provide for greater and more
effective efforts in research and public edu-
cation with regard to diabetes mellltus. Re-
ferred to the Committee on Labor and Public
Welfare.
By Mr. RIBICOFF:
S. 18, A blU to amend-the Internal Revenue
Coae cf 1954 to allow a credit against lu-
cerne tax to individuals for certain expenses
:;:curred in providing higher education. Re-
ferred to the Committee on Finance
By Mr. HOLLINGS (for himself and
Mr, Stfvfns > :
S. 19. A bill to authorize a program to de-
velop a:id demonstrate low-cost means of
preventing shoreline erosion. Referred to the
Committee on Public Works.
By Mr. PROXMIRE:
S. 20. A bUl to provide that appointments
to the Office cf Director of the Office of Man-
agement and Budget shall be subject to con-
firmatlon by the Se::ate. Referred to the
Committee ci: Government Operations
By Mr. BEALL:
S. 21. A bill to prevent the forced trans-
portation of elementary and secondary stu-
dents during the course of the school year
and for other purposes. Referred to the Com-
mittee on Labor and Public Welfare
By Mr. AIKEN (for himself, Mr. Allen,
Mr. Sparkman, Mr. Talmadce, and
Mr. Humphrey) :
S. 22. A bill to establish a system of wild
areas within the lands of the'national for-
est system. Referred to the Committee on
.Agriculture and Forestry.
By Mr. HARRY F. BYRD, JR.:
S. 23. A bill t<3 limit the amount of per-
sonal funds an individual mav contribute to
candidates for Federal office in connection
wi;h the campaigns of those candidates
Referred to the Committee on Rules and
Adminisiration.
By Mr. BIBLE:
5. 21. A bill granting the oonsert and ad-
proval of Congress to the California-Nevada
Interstate Compact. Referred to the Com-
mittee on the Judiciary.
By Mr. MOSS:
S. 2,5. A bill to provide for the establish-
ment of the Great Salt Lake National Monu-
ment, in the State of Utah, and for other
purposes. Referred to the Committee on In-
terior and Insular Affairs.
S. 26. A bill to provide for the establish-
ment a.-.d administration of the Canyon
Country National Parkway in the State of
Utah, and for other purposes. Referred to the
Committee on Interior and Insular Affairs
S. 27. A bill to establish a Department of
Natural Resources and Environment
Referred to the Committee on Government
Operations.
S. 28. A bUl to clarify the relationship of
interests of the United States and of the
States in the use of the waters of certain
streams. Referred to the Committee on In-
terior and Insular Affairs.
^^,f:^ ^^' ^ ^^^ ^° establish the Lone Peak
Wilderness Area in the State of Utah Re-
ferred to the Committee on Interior and In-
sular Affairs.
n.!or^c° a^'^k' 1° ^"^^^^ '^^^ W^'* a'l'i Scenic
^Z \. l^^ designating a segment of the
Colorado River in the State of Utah as a com-
ponent of the national wild and scenic rivers
system. Referred to the Committee on In-
terior and Insular Affairs.
By Mr. HOLLINGS (for himself and
Mr. Tower ) :
S. 31. A bill authorizing the Secretary of
Defense to utilize Department of Defense re-
sources for the purpose of providing medical
emergency transportation services to civil-
ians Referred to the Committee on Armed
Services. ■rtiini-u
By Mr. KENNEDY (for himself Mr
Bayh, Mr. Bentsen, Mr. Brooke, Mr
Cannon, Mr. Case. Mr. Cranston Mr'
Gravel, Mr. Hart. Mr. Hughes, Mr'
Humphrey, Mr. Inouye, Mr. Jawts'
Mr. Mansfield. Mr. McGee Mr Mc-
GovEHN. Mr. Mondale. Mr. Montoya
Air. Moss. Mr. Muskie, Mr. Pastore!
Mr. Pell, Mr. Randolph, Mr Ribi-
COFF, Mr. Schweiker, Mr. Sparkman
Mr. Stevens, Mr. Stevenson, Mr
Tunney, Mr. Weickzb, and Mr. Wn,-
liams) :
S. 32. A bm to amend the National Science
Foundation Act of 1950 in order to esUbUsh
a framework of national science policv and to
ocus the Nation's scientific talent ar?d re-
sources on Its priority problems, and for other
purposes^ Referred to the Committee on l!-
bor and Public Welfare.
By Mr. KENNEDY:
S. 33. A bill to amend the Omnibus Crimp
control and Safe Streets Act of 1968 to a^!
thorize group life hisurance programs for
and loc^w'" °^^"^ «"^ to'^a.flst Sta?e
and local governments to provide such in-
Judici'arV''''"'^' '° ^^^ C^«mlttee"ln the
By Mr. HOLLINGS: I
«f;i*' ^^^^l *° provide for kccelerated re-
search and development in the care and
treatment of autistic chUdren, and for other
purposes. Referred to the Committee on La
bor and Public Welfare. °f™'"ee on La-
S. 35. A bill to amend the internal Reve-
^X °^l °^ ^^^* '° P"™'t ^^^ deduction
without imitations of medical exnenses paid
for certain dependents suffering from phys-
ical or mental impairment or dfefect. Referred
to the Committee on Finance
By Mr. SCHWEIKER:
S 36. A bUl to provide certain protection
against disclosure of information and the
sources of Information obtained bv new=-
men. Referred to the Committee on "the Ju-
diciary.
By Mr. METCALF ifo himself Mr
Ervin. Mr. -Nelson, and Mr. Hat-
field) :
S. 37. A bill to amend the Budget and Ac-
counting Act of 1921 to require the advice
and consent of the Senate for appo'ntme-us
to Director and Deputy Director of ti'e Office
of Management and Budget. Referred to the
Committee on Government Operations
By Mr. CANNON (for himself and Mr
Macnuson ) :
S. 38. A bill to amend the Airport and Air-
way Development Act of 1970. as amended to
CONGRESSIONAL RECORD — SENATE
January Jt, 1973
ln(lrease the U.S. share of allowable project
costs under such act; to amend the Federal
Aviation Act of 1958. as amended, to prohibit
cei tain State taxation of persons In air com-
m< rce. and for other purposes. Referred to the
Colnmlttee on Commerce.
By Mr. CANNON (for himself and Mr.
Macnuson and Mr. Robert C. Btrd) :
^, 39 A bill to amend the Federal Avia-
ti<n Act of 1958 to provide a more effective
Drjgram to prevent aircraft piracy and for
ot ler purposes. Referred to the Committee
Commerce.
By Mr. BAKER (for Mr. Brock) :
3 40 A bill to improve and implement pro-
ce lures for fiscal controls In the U.S. Cov-
er iment. and for other purposes. Referred
to the Committee on Government Operations.
Bv Mr. DOLE: ,
S 41 'a bUl to designate November 11 ol
ea ch year as Veterans Day and to make such
div.a legal public holiday. Referred to the
C )'imnlttee on the Judiciary.
By Mr. DOLE (for himself and Mr.
Pearson) :
S 42 A bill to provide for the disposition
funds appropriated to pay certain Judg-
5 in favor of the Iowa Tribes of Okla-
...» and of Kansas and Nebraska. Referred
the Committee on Interior and Insular
rrents
h )ma
t(
ATairs.
'Bv Mr. DOLE:
S 43 ' A bill to provide for the manda-
t( r\- inspection of rabbits slaughtered for
haman food, and for other purposes. Re-
f , rred to the Committee on AgrlciUtiu-e and
S^\^r A bin to amend the Small Business
fkii to increase the availability of manage-
ment counseling to small business concerns.
:$eferred to the Committee on Banking,
ousing and Urban Affairs.
S 45 A bill to authorize advance reloca-
t on of' FAS Route 1343 in connection with
le Onaga Lake project in Kansas. Referred
1 5 the Committee on Public Works.
By Mr. DOLE (for himself and Mr.
Pearso?^ ^ ^
S 46 A bill authorizing the Improvement
c f certain roads in the vicinity of Melvem
f nd Pomona Reservoirs. Osage County ^ans.
referred to the Committee on Public Works.
ByMr. INOUYE:
S 47. A bill to provide for the advance-
i:ient In grade of a certain officer in the U.S.
Uaval Reserve. Referred to the Committee
Jn the Judiciary. „,, !>»,
By Mr. BROOKE (for himself. Mr.
CRANSTON, Mr. CASE, Mr. Cook, Mr.
Hart, Mr. jAvrrs. Mr. Hatfield. Mr.
Mathias, Mr. McOovERN. Mr. Mc-
INTYRE. Mr. MCSKIE, Mr. Pastore.
Mr PELL. Mr. Proxmire, Mr. Ran-
dolph. Mr. Schweiker. Mr. Steven-
son and Mr. Weicker) :
S 48 A bill to amend the Foreign Asslst-
mce Act of 1961 with respect to the avail-
purposes. Referred to the Committee on La-
bor and Public Welfare.
By Mr. GRAVEL:
S. 51. A bill for the relief of Beatrlz Vlz-
carra:
S. 52. A bUl for the relief of Sara Obertl
Zumaran;
S. 53, A bill for the relief of Wallace O.
Craig;
S. 54. A bUl for the relief of John Pana-
marloff and others;
S. 55. A bUl for the relief of Allen D. Ray;
S. 56. A bill for the relief of Michael A.
Korhonen;
S. 57. A bill for the relief of Clifford and
Yvonne Gibbons; and
S. 58. A bill for the relief of Per Elner
Jonsson. Referred to the Committee on the
Judiciary.
By Mr. CRANSTON (for himself, Mr.
Hartke. Mr. Thttrmond, Mr. Ran-
dolph, Mr. TALMADGE, Mr. Humphrey,
Mr. Mondale, and Mr. Pell) :
S. 59. A bill to amend title 38 of the United
States Code to provide Improved medical care
to veterans: to provide hospital and medical
care to certain dependents and survivors of
veterans; to Improve recruitment and reten-
tion of career personnel In the Department
of Medicine and Surgery. Referred to the
Committee on Veterans' Affairs.
By Mr. KENNEDY:
S. 60. A bin to authorize the acquisition
and maintenance of the Goddard Rocket
Launching Site In accordance Vlth the Act
of August 25, 1916, as amended and supple-
mented, and for other purposes. Referre(3 to
the Committee on Interior and Insular Af-
fairs.
By Mr. CRANSTON (for himself and
Mr. Tunnet) :
S. 61. A bill to amend tlU»-23 of the United
States Code to authorize construction of
exclusive or preferential bicycle lanes, and
for other purposes. Referred to the Commit-
tee on Public Works.
By Mr. CRANSTON:
S. 62. A bUl to authorize the establishment
of the Desert Pupfish National Monument In
the States of California and Nevada, and for
other purposes. Referred to the Committee
on Interior and Insular Affairs.
By Mr. CRANSTON (for himself and
Mr. TuNNEY) :
S. 63. A bill to establUh the California
Desert National Conservation Area, and for
other purposes. Referred to the Committee
on Interior and Insular Affairs.
By Mr. GURNEY:
S. 64. A bill to authorize the Secretary of
the Interior to sell certain rights In the State
of Florida. Referred to the Committee on
Interior and Insular Affairs.
S. 65. A bill to authorize the Secretary of
the Interior to sell reserved phosphate In-
terests of the United States In certain lands
iblUty of funds for mUltary assistance auu jQ^jated in the State of Florida to the record
niUtarv operations in Indochina. Referred
;o the Committee on Foreign Relations.
Bv Mr. HARTKE (for himself, Mr,
TALMADGE. Mr. HCCHES. Mr. THUR-
MOND, Mr. Randolph, Mr. Cranston,
Mr Hansen, and Mr. Saxbe) :
S 49 A bin to amend title 38 of the United
States Code in order to establish a National
Cemetery Svstem within the Veterans Ad-
ministration, and for other purposes^ Re-
ferred to the Com.mittee on Veterans Affairs.
By Mr. EAGLETON (for himself. Mr.
Cannon, Mr. Church, Mr. Cranston.
Mr. Gravel, Mr. H.\rt, Mr. Hughes.
Mr. Humphrey, Mr. Kennedy. Mr.
McGee, Mr. MclNTYRE, Mr. Mondale,
Mr. Nelson. Mr. Pell, Mr. Percy,
Mr. Randolph. Mr. Schweiker, Mr.
Stevenson, Mr. Tunney, Mr. Wil-
liams, Mr. Gurney. and Mr. Thttr-
mond) :
S 50. A bill to strengthen and improve the
Older Americans Act of 1965. and for other
9-
owner or owners of such lands. Referred to
the Committee on Interior and Insular
Affairs.
S. 66. A bill to convey reserved phosphate
interests of the United States In certain
nonphosphate lands in Highlands County,
Fla. Referred to the Committee on Interior
and Insular Affairs.
S. 67. A bill for the relief of Reynaldo Can-
las Baecher, Referred to the Committee on
the Judiciary.
S. 68. A bill to authorize the Secretary of
the Interior to sell reserved phosphate in-
terests of the United States In lands located
In the State of Florida to the record owners
of the surface thereof. Referred to the Com-
mittee on Interior and Insular Affairs.
S. 69. A bill for the relief of Alfonso Stefano
Florllll. his wife. Maria Glordana FlorUli. and
their chUdren, Mlchele FlorUll and Donatena
Florllll. Referred to the Committee on the
Judiciary,
By Mr, HOLLINGS (for himself, Mr.
Magnuson. Mr. Moss, and Mr. Tun-
ney) :
S. no. A bill to promote commerce and es-
tablish a Council on Energy Policy and for
other pvirposes. Referred to the Committee
on Commerce.
By Mr. GURNEY;
S. 71. A bUl for the relief of Uhel D. Polly.
Referred to the Committee on the Judiciary.
By Mr. HRUSKA:,
S. 72. A bill for the relief of Ursula Gysel;
S. 73. A bUl for the relief of Lorenzo Tobias
Pelaez-Ibarra, Franc isca Carmona Pelaez,
Evencio Alejandro Pelaez-Carmona, Maria
Cristina Pelaez-Carmona, Fernando Pelaez-
Carmona, and Gerardo Nicolas Pelaez-
Carmona: and
S. 74. A bUl for the relief of Masuml Dan-
zuka. Referred to the Committee on the
Judiciary.
Bv Mr. GRIFFIN:
S. 75." A bin to amend the Welfare and
Pension Plans Disclosure Act. to establish
minimum vesting standards, and to estab-
lish a pension insurance program. Referred
jointly to the Committee on Finance and
the Committee on Labor and Public Welfare
by unanimous consent.
By Mr. INOUYE:
S. 76. A bill for the relief of Mrs. Poten-
clana Rufo Redaja;
S. 77. A bill for the relief of Mr. Zacarlas
Gonzales Tagamolila;
S. 78. A bill for the relief of Miss Audrey
Shlkee Tarn; and
S. 79. A bill for the relief of Miss Etsuko
Yamamoto. Referred to the Committee on
the Judiciary.
By Mr. HOLLINGS (for himself. Mr.
Magnuson, Mr. Kennedy, Mr. Stev-
ens, and Mr. Roth) :
S. 80. A bill to amend the Ports and Wa-
terways Safety Act of 1972 to provide for au-
thority to be placed in the National Oceanic
and Atmospheric Administration for the
certification of the environmental sound-
ness of the site selection, construction, and
operation of offshore artificial structures for
port and terminal, powerplant, airport, and
other such facilities to be located in the
coastal waters. Referred to the Committee on
Commerce.
By Mr. INOUYE :
S. 81. A bUl for the relief of Chung Pyo
Suh;
S. 82. A bill for the relief of Mrs. Flor
Sotto Alias;
S. 83. A bUl for the relief of Mrs. Flor
Sotto Alias;
S. 84. A bill for the relief of Naoyo Camp-
bell; ''
S. 85. A bUl for the relief of Domingo O. i
Garcia, Romana O. Garcia, Rita T. Garcia, t
Ruben B. Garcia, Irma B. Garcia, and Mer- »
llnda B. Garcia;
S. 86. A bill for the relief of Mrs. Carolina
M. Lacsamana;
S. 87. A bUl for the relief of Christopher
Pin-Wah Lo;
S. 88. A bUl for the relief of Doctor Cora-
zon Cadiz;
S. 89. A bUl for the relief of Kuay Ten
Chang (Kuay Hong Chang) ;
S. 90. A bUl for the relief of Mr. and Mrs.
Luis R. de la Torre;
S. 91. A bill for the relief of Roslta DJo-
anda;
S. 92. A bill for the relief of Sylvia Afante
Foster;
S. 93. A bUl for the relief of Miss Juana
Gamulo;
S. 94. A bUl for the relief of Mr. and Mrs.
Eduardo Quiroz Luber (Mrs. Engracla L.
Luber);
S. 95. A bUl for the relief of Patricio P.
Pnien;
S. 96. A bill for the relief of Tomas A.
Quiocho;
S. 97. A bni for the relief of Jose A. Sera-
dina;
January Jf, 1973
CONGRESSIONAL RECORD — SENATE
95
S. 98. A bUl for the relief of Mr. Tevita
Talanoa; and
S. 99. A bill for the relief of Soledad
Cabagay. Referred to the Committee on the
Judiciary.
By Mr. PELL (for himself and Mr.
Inouye) :
S. 100. A bill to provide a national program
In order to make the International metric
system the predominant but not exclusive
system of measurement In the United States
and to provide for converting to the general
use of such system within ten years. Referred
to the Committee on Commerce.
By Mr. INOUYE:
S. 101. A bill for the relief of Mrs. Num Son
Kim;
S. 102. A bUl for the relief of Shul Ltm
Young (Wah Yuk Lau) ;
S. 103. A bill for the relief of Armanda
Norma Cerro;
S. 104. A bill for the relief of Jose
Figueredo;
S. 105. A bUl for the relief of Capt. John
H. Beaumont, U.S. Air Force Reserve;
S. 106. A bin for the relief of Chief Boat-
swain's Mate Benjamin Henry Blakeman,
U.S. Navy;
S. 107. A bill for the relief of Helen O. Mc-
Kinney;
S. 108. A bill for the relief of James H.
Davidson, Vincent W. S. Hee, and Kay M.
Mochlzuki; and
S. 109. A bill for the relief of Antone R.
Perreira. Referred to the Committee on the
Judiciary.
By Mr. CRANSTON (for himself and
Mr. Tunney) :
S. 110. A bill to designate certain lands in
the Cleveland National Forest, Calif., as
the "Agua Tibia Wilderness" for Inclusion
in the National Wilderness Preservation Sys-
tem;
S. 111. A bill to designate certain lands in
the Stanislaus National Forest, Calif., as
the "Emigrant WUderness" for Inclusion in
the National Wilderness Preservation System;
S. 112. A bUl to designate certain lands In
the Yosemlte National Park in California as
wilderness;
S. 113. A bUl to designate certain lands In
San Luis Obispo County, Calif., as the "Santa
Lucia Wilderness" for inclusion In the Na-
tional Wilderness Preservation System;
S. 114. A bill to designate certain lands In
the Mendocino National Forest, Calif., as
the "Snow Mountain WUderness" for In-
clusion in the National Wilderness Preserva-
tion System; and
S. 115. A bill to designate certain lands in
the Pinnacles National Monument In Cali-
fornia as wilderness. Referred to the Com-
mittee on Interior and Insular Affairs.
By Mr. INOUYE:
S. 116. A bill to amend the Internal Reve-
nue Code of 1954 to provide credit against
Income tax for an employer who employs
older persons in his trade or business;
S. 117. A bUl to amend the Tariff Schedules
of the United States to accord to the Trust
Territory of the Pacific Islands the same
tariff treatment as is provided for insular
possessions of the United States; and
S. 118. A bill to amend the Internal Reve-
nue Code of 1954 to allow a deduction from
gross income for social agency, legal, and re-
lated expenses incurred In connection with
the adoption of a child by the taxpaper. Re-
ferred to the Committee on Finance.
S. 119. A bin to amend the War Claims Act
of 1948 and the Trading With the Enemy Act
to provide for the submission of certain
claims and the reinstatement of certain
claims: and
S. 120. A bUl to provide cost-of-living al-
lowances to judicial employees stationed out-
side the continental United States or In
Alaska and Hawaii. Referred to the Commit-
tee on the Judiciary.
S. 1'21. A bin to provide credit under the
Civil Service Retirement Act for periods of
separation from the service of certain em-
ployees of Japanese ancestry during World
War II. Referred to the Committee on Post
Office and ClvU Service.
S. 122. A bill to provide that the unincor-
porated territory of Guam shall be repre-
sented In Congress by a Territorial Deputy
to the House of Representatives. Referred to
the Committee on Interior and Insular Af-
fairs.
S. 123. A bill to require the payment of pre-
vailing rates of wages on Federal public works
on Guam. Referred to the Committee on Pub-
lic Works. \
S. 124. A bUl to Include Guam within the
purview of the Federal Unemployment Tax
Act and related provisions of the Social Se-
curity Act. Referred to the Committee on
Finance.
S. 125. A bUl to amend title 37, United
Slates Code, to provide for the procurement
and retention of Judge advocates and law
specialist officers for the armed forces. Re-
ferred to the Committee on Armed Services.
S. 126. A bin to amend the Internal Reve-
nue Code of 1954 to provide the same tax
exemption for servicemen in and around Ko-
rea as is presently provided for those in V'iet-
nam. Referred to the Committee on Finance.
S. 127. A bill to provide Increases in annui-
ties paid under the Civil Service Retirement
Act, matching wage and salary Increases paid
to employees, and for other purposes. Re-
ferred to the Committee on Post Office and
Civil Service.
S. 128. A bill to extend the benefits of the
Veterans' Preference Act of 1944 to persons
serving in the Armed Forces of the United
States during peacetime. Referred to the
Committee on Veterans' Affairs.
S. 129. A bill to establish limits on the as-
signment of a member of tlie armed forces to
a combat zone, and for other purposes; and
S. 130. A bill to authorize the Secretary of
the Army to grant certain rights-ofrways for
road improvement and location of public
utility lines over a portion of Fort DeRussy,
Hawaii. Referred to the Committee on Armed
Services.
S. 131. A bill to amend the Airport and Air-
ways Development Act of 1970 In order to
make American Samoa and the Trust Terri-
tory of the Pacific Islands eligible for cer-
tain assistance under such Act. Referred to
the Committee on Commerce.
S. 132. A bill to restore the wkrtlme recog-
nition of certain Filipino veteyans of World
War II and to entitle them tofthose benefits,
rights, and privileges which result from such
recognition. Referred to the Committee on
Veterans' Affairs.
S. 133. A bill to authorize reduced postage
rates for certain mall matter sent to M^hi-
bers of Congress. Referred to the Committee
on Post Office and ClvO Service. /~-^
S. 134. A bin authorizing and requesting
the President to proclaim 1971 and the years
leading up to and through the bicentennial
year 1976 as a period to discover America,
and for other purposes. Referred to the Com-
mittee on the Judiciary.
S. 135. A bill to arnend titles 10 and 32.
United States Code, to authorize the estab-
lishment of a National Guard for Guam. Re-
ferred to the Committee on Armed Services.
By Mr. SCHWEIKER (for himself, Mr.
Javits, Mr. Kennedy, and Mr. Scott
of Pennsylvania) :
S. 136. A bill to authorize financial assist-
ance for opportunities industrialization cen-
ters. Referred to the Committee on Labor
and Public Welfare.
By Mr. INOUYE:
S. 137. A bUl to establish a special fund In
the Treasury, consisting of excess sugar ex-
cise tax collections, to enable the Secretary
of Agriculture to conduct research Into en-
vironmental problems arising In the produc-
tion, processing, and refining of sugar. Re-
ferred to the Committee on Finance.
S. 138. A bill to amend the Intercoastal
Shipping Act, 1933, to authorize common
carriers by water to provide in thelf tariffs
to or from the State of Hawaii for pickup or
delivery of property incidental to ocean car-
riage, and for other purposes. Referred to the
Committee on Commerce.
S. 139. A bill to authorize the Secretary
of the Navy to provide shoreslde facilities,
for the education and convenience of visi-
tors to the U.S.S. Arteona Memorial at Pearl
Harbor; and
S. 140. A bill to amend chapter 19 of title
38, United States Code, to require that mem-
bers of the uniformed services be covered
by servicemen's group life insurance during
any period they are assigned to duty in a
combat zone. Referred to the Committee
on Armed Services.
S. 141. A bni to amend title II of the So-
cial Security Act to permit, in certain cases
a woman who in good faith has gone through
a marriage ceremony with an Individual to
be considered the widow of such individual
even though, because of a legal impediment
such woman is not legally married to such
individual. Referred to the Committee on
Finance
S. 142. A bUl to increase the penalties with
respect to the commission of a crime of vio-
lence in the District of Columbia while
armed with a firearm. Referred to the Com-
mittee on the District of Columbia.
S. 143. A bill to permit a noncontiguous
State to elect to use and allocate funds from
the highway trust fund to achieve a bal-
anced transportation system respoiisive to
the unique transportation needs and re-
quirements of such a noncontiguous State-
and
S. 144. A bill to prohibit the withdrawal
of merchandise from a customs bonded ware-
house for exportation pursuant to retail
sales unless such warehouse is located in
close proximity to a port, airport, or border
crossing station. Referred to the Committee
on Finance.
S. 145. A bUl to provide that persons who
are nationals and citizens at birth under
section 301(a)(7) of the Immigration and
Nationality Act shall retain their citizenship
without meeting certain physical presence
requirements. Referred to the Committee on
the Judiciary.
S. 146. A bill to include papavas within
the list of Imported commodities to which
certain restrictions apply if the Secretary
of Agriculture issues marketing orders with
respect to like commodities domestically pro-
duced. Referred to the Committee on Agri-
culture and Forestry.
S. 147. A bin to amend chapter 34 of title
38, United States Code, to extend the time
period within which veterans may be en-
titled to educational assistance under such
chapter after their dlschartre or release from
active duty. Referred to the Committee on
Veterans' Affairs.
S. 148. A bin to amend title 5 of the
United States Code in order to provide that
certain benefits to which employees of the
United States stationed in Alaska. Hawaii,
Puerto Rico, the Canal Zone, or the terri-
tories or possessions of the United States
are entitled may be terminated under certain
conditions, and for other purposes. Referred
to the Committee on Post Office and ClvU
Serv-ice.
S. 149. A bill to amend section 5(c) of the
Home Owners Loan Act of 1933 to authorize
an Increase in the principal amount of mort-
gages on properties in Alaska. Guam, and
Hawaii to compensate for higher prevailing
costs. Referred to the Committee on Bank-
ing. Housing and Urban Affairs.
S. 150. A bUl to amend title 38. United
States Code, to provide that the Adminis-
trator of Veterans' Affairs may furnish out-
patient dental services and treatment for
a non-servlce-connected disability to any
war veteran who has a permanent total dls-
96
itv from a service-connected disability,
to the Committee on Veterans' Af-
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CONGRESSIONAL RECORD — SENATE
January ^, 1973
By Mr. HARTKD;
151. A bill to amend the tariff and trade
of the United States to promote full
oyment and restore a diversified prcduc-
base; to amer.d the Internal Revenue
of 1954 to stem the outflow of United
capital, jobs, technology, and produc-
. and for ether purposes. Referred to the
mlttee on Finance
By Mr. HANSEN:
152. A bill for the relief of Luis Men-
Aurelia Mendoza. Elena Mendcza. Se-
no Mendoza. and Sijifredo Mendoza.
to the Committee on the Judiciary.
Bv Mr. INOUYE:
153. A bill to ame.id section 405 of title
United States Code, relating to the pay-
it cf a per diem with respect to the de-
der.ts of certain members of the unl-
serviccs while on dtity outside of
United States. Referrsd to the Commit-
on Armed Services.
154. A bill to designate the Federal office
cling to be coiistructed in Honolulu. Ha-
as the '•Prlncc Jonah Kuhio Kalaaiau-
Federal Biilding." Referred to the Com-
;e on Public Worlts.
By Mr. WILLIAMS:
155. A bill for the relief of Rosita E.
a-s. Referred to the Committee on the
iciary.
By Mr. BAKER :
156. A bill to require the termination
11 weapon^ range activities conducted on
lear the Culebra complex of the Atlantic
I Weapons Range. Referred to the Com-
tee on Armed Services.
By Mr. INOUYE:
157. A bUl to remove the prohibition on
concurrent payment of military retired
and Federal employee compensation for
It injuries. Referred to the Committee on
Office and Civil Service.
By Mr. CRANSTON (by request) :
■;158. A bill to Insure the free flow of
rmation to the public. Referred to the
on the Judiciary.
By Mr. DOLE:
13^ A bill to provide for reimbursement
xtradrdinary transportation e.xpenses in-
by certain disabled individuals In the
on of their income. Referred to the
itee on Labor and Public Welfare.
By Mr. McCLELLAN:
160. A bill to amend title 37, United
es Code, in order to provide a special
for members of the Armed Forces of
United States who were held as prisoners
var during the Vietnam era. Referred to
Committee on Armed Services.
161. A bill to authorize the modification
he Cache River Basin Feature, Mississippi
and Tributaries project, in the State
\rlcansas. Referred to the Committee on
Works.
. 162. A bill to authorize the modification
lie White River Basin project in the State
Arkansas. Referred to the Committee on
lie Works.
163. A bill to direct a study and report
the Secretary of Transportation of a pro-
interstate highway from Kansas City
Baton Rouge through the State of Arkan-
Referred to the Committee on Public
c^ks.
By Mr. CRANSTON 7for himself and
Mr. TLTNNEyi ;
164. A bill to create marine sanctuaries
frojn leasing pursuant to the Outer Conti-
tal Shelf Lands Act in areas off the coast
California adjacent, to State-owned sub-
iiif'i
C-oi iimittee i
rred
of
cu
profclucti
Coi ami
ded leasing for mineral purposes;
165. A bill to create a marine sanctuary
frokn leasing pursuant to the Outer Contl-
n-.efcital Shelf Lands Act In an area off the
t of California adjacent to State owned
submerged lands In which such State has
suspended lesislng for mineral purposes;
S. 166. A bill to create a marine sanctuary
from leasing pursuant to the Outer Conti-
nental Shelf Lands Act in an area off the
coast of California adjacent to State owned
submerged lands in which such State has sus-
pended leasing for mineral purposes;
S. 167. A bill to create a marine sanctuary
from leasing pursuant to the Outer Conti-
nental Shelf Lands Act in an area off the
coast of California adjacent to State owned
submerged lands in which such State has
suspended leasing for mineral purposes;
S. 168. A bill to create a marine sanctuary
from leasing pursuant to the Outer Conti-
nental Shelf Lands Act In an area off the
coast of California adjacent to State owned
submerged lands in which such State has
suspended leasing for mineral purposes;
S. 169. A bill to create a marine sanctuary
from leasing pursuant to the Outer Con-
tinental Shelf Lands Act in an area off the
coast of California adjacent to State owned
submerged lands in which such State has
suspended leasing for mineral purposes;
S. 170 A bill to create a marine sanctuary
from leasing pursuant to the Outer Con-
tinental Shelf Lands Act in an area off the
coast of California adjacent to State owned
submerged lands in which svich State has
suspended leasing for mineral purposes;
S. 171. A bill to create a marine sanctuary
from leasing pursuant to the Outer Conti-
nental Shelf Lands Act in an area off the
coast oi California adjacent to State owned
submerged lands in which such State has
suspended leasing; and
S. 172. A bill to create a marine sanctuary
from leasing pursuant to the Outer Conti-
nental Shelf Lands Act in an area off the
coast of California adjacent to State owned
submerged lands In which such State has
suspended leasing for mineral purposes. Re-
ferred to the Committee on Interior and
Insular Affairs
By Mr. SCHWEIKER (for himself and
Mr. Scott of Pennsylvania) :
S. 173. A bill to authorize the reinstate-
ment and extension of the authorization for
the beach erosion control project for Presque
Isle Peninsula, Erie, Pa. Referred to the Com-
mittee on Public Works.
By Mr. MONTOYA (for himself, Mr.
Long, and Mr. Ribicoff) :
S. 174. A bill to provide for coverage of
certain drugs under medicare. Referred to
the Committee on Finance.
By Mr. THURMOND:
S. 175. A bill for the relief of Sukhdev
Singh Guram. Referred to the Committee on
the Judlclan.-.
By Mr. THURMOND (for himself and
Mr. Hartke) :
S. 173. A bill to amend title 38, United
States Code, to provide for a special addition
to the pension of veterans of World War I
and to the pension of widows and children
of veterans of World War I. Referred to the
Committee on Veterans' Affairs.
9y Mr. THURMOND :
S. 177. A bill to amend section 4 of the
Internal Security Act of 1950. Referred to
tho Committee on the Judiciary.
S. 178. A bill relating to the carrying of
concealed weapons in the District of Colum-
bia. Referred to the Committee on the Dis-
trict of Columbia.
By Mr. GRIFFIN: -■
S. 179. A bill to limit the Jurisdiction of
Federal courts to issue busing orders based
on race. Referred to the Committee on the
Judiciary.
By Mr. WILLIAMS (for himself. Mr.
Hathaway, and Mr. Inouye) :
S. 180. A bill to amend the Federal Water
Pollution Control Act to order to require
the approval of adjacent coastal States prior
to the construction of certain offshore fa-
cilities. Referretl to the. Cpmrnlttee on Public
Works. \
r^
By Mr. MOSS:
S. 181. A bill to authorize reduced fares
on the airlines on a space-available basis for
Individuals 21 years of age or younger or 65
years of age or older. Referred to the Com-
mittee on Commerce.
By Mr. STEVENS:
S. 182. A bill to create a program to facili-
tate the construction of community marine
ways, and for other purposes. Referred to
the Committee on Commerce.
S. 183. A bill for the relief of Zacariaf Q.
Montero. To the Committee on the Judiciary.
S. 184. A bill to authorize and dlrear the
Secretary of the Interior to sell in^rests of
the United States in certain lands i6cated in
the State of Alaska to the Gospel Missionary
Union. Referred to the Committee on In-
terior and Insular Affairs.
By Mr. STEVENS (for himself and Mr.
Gravel) :
S. 185. A bill to amend section 2634 of title
10, United States Code, relating to the ship-
ment at Government expense of motor ve-
hicles owned by members of the armed forces.
Referred to the Committee on Armed Serv-
ices.
By Mr. STEVENS;
S. 186. A bill to provide for the awarding of
a Medal of Honor for Firemen. Referred to
the Committee on Banking, Housing and
Urban Affairs.
S. 187. A bill to establish the President's
Award for Distinguished Law Enforcement
Service. Referred to the Committee on the
Judiciary.
S. 188. A bill to amend section 6303 of title
5, United States Code. Referred to the Com-
mittee on Post Office and Civil Service.
S. 189. A bill to amend title 5. United States
Code, to restrict contracts for services relating
to the positions of guards, elevator operators,
messengers, and custodians. Referred to the
Committee on Post Office and Civil Service.
S. 1Q.0. A bill for the relief of the widow
and children of Thomas Plllifant. Referred
to the Committee on the Judiciary.
S. 191. A bill to amend title 5. United States
Code, to provide additional cost-of-living ad-
justments in civil service retirement an-
nuities of certain retired employees in Alaska
as long as such retired employees continue
to reside in Alaska, and for other purposes.
Referred to the Committee on Post Office and
Civil Service.
S. 192. A bill to convey the interest of the
United States in certain property 'n Fair-
banks, Alaska, to Hilcrest, Inc. Referred to
the Committee on Interior and Insular Af-
fairs.
S. 193. A. bill to provide that time spent
by a Federal employee In a travel status shall
be considered as hours of employment. Re-
ferred to the Committee on Post Office and
Civil Service.
By Mr. STEVENS ( for himself and Mr.
Gravel) :
S. 194. A bill to authorize the Secretary of
the Interior to convey to the city of Anchor-
age, Alaska, interests of the United States In
certain lands. Referred to the Committee on
Interior and Insular Affairs.
By Mr STEVENS:
S. 195. A bill to exempt certain State-owned
passenger ve.5sels from the requirement of
paying for overtime services of customs offi-
cers and employees. Referred to the Commit-
tee on Finance.
By Mr. HANSEN (for himself and Mr.
McGee) :
S. 196. A bill relating to the rehabilitation
of areas damaged by deleterious mining prac-
tices, and for other purposes. Referred to the
Committee on Interior and Insular Affairs.
S. 197. A bill to authorize the Secretary of
the Interior to construct, operate, and main-
tain the Polecat Bench area of the Shoshone
extensions unit, Missouri River Basin project,
Wyoming, and for other purposes. Referred
to the Committee on Interior and Insular Af-
fairs.
January 4, 1973
CONGRESSIONAL RECORD — SEN ATa
97
By Mr. HANSEN:
S. 198. A oill to amend the Internal Reve-
nue Code to encourage an increase In pro-
duction of coal; and
S. 199. A bill to amend the Internal Reve-
nue Code to encourage the development and
utilization of methods and devices to convert
coal and oil shale to low pollutant synthetic
fuels by allowing rapid amortization of ex-
penditures incurred in constructing facilities
for such purposes. Referred to the Committee
on Finaiice.
By Mr. McINTYRE:
S. 200. A bill to require that new forms and
report?, a id revisions of existing forms, re-
sulting from legislation be contained in re-
ports of committees reporting the legislation.
Referred to the Committee on Government
Operations.
ByMr. TAFT:
S. 201. A bill to amend the Internal
Revenue Code of 1954 to relieve employeis of
50 or less employees from the req'iirement
of paying or depositing certain employment
taxes more often than once each quarter.
' Referred to the Committee en Finance,
S. 202. A bill for the relief of Dr. Stanlev
Gan and his wife. Trees Can. Referred to the
Committee on t'ne Judiciary.
S. 203. A bill to amend the Internal
Revenue Code of 1954 to permit the exclvi-
sion from gross income of a portion of the
compensation received by full-time law en-
forcement officers and firemen employed by
State and local governmental instrumentali-
ties. Referred to the Committee on Finance.
ByMr. BAYH:
S. 204. A bill to amend the Internal
Revenue Code to encourage the continuation
of sm.ill family farms, and for other pur-
poses Referred to the Committee on Finance.
By Mr. HATFIELD:
S. 205. A bill for the relief of Jorge Mario
Bell. Referred to the Committee on the
Judiciary.
By Mr. KENNEDY :
, S. 206. A bill to establish the birthplace of
Susan B. Anthony in Adams Massachusetts,
as a national historic site, and for other
purposes. Referred to the Committee on
Interior and Insular Affairs.
S. 207. A bill to provide for the establish-
ment of the Plymouth Rock National Memo-
rial, and for other purposes. Referred to the
Committee on Interior and Insular Affairs.
By Mr. KENNEDY (for himself and
Mr. Brooke) :
S. 208. A bill to preserve and prornote the
resources of the Connecticut River Valley,
and for other purposes. Referred to the Com-
mittee on IrXterior and Insular Affairs.
ByMr. KENNEDY:
S. 209. A bill to authorize the Council on
Environmental Quality to carry out a county
government environmental control demon-
stration project. Referred to the Committee
on Public Works.
S. 210. A bill to authorize the establish-
ment of the Boston National Historical Park
in the Commonwealth of Massachusetts. Re-
ferred to the Committee on Interior and
Insular Affairs.
S. 211. A bill to authorize the Secretary
of the Interior to study the feasibilitv and
desirability of a Boston Harbor N.ttic:;al
Recreation Area in the State of Massachu-
setts. Referred to the Committee on In-
terior and Insular Affairs.
By Mr. McGOVERN (for himself, Mr.
H.\TFiELD. Mr. Kenn-edy, Mr. Mans-
field. Mr. Hughes, Mr. Inouye, and
Mr. Williams) :
S. 212. A bill to provide for the termina-
tion of all U.S. military Involvement In
Indochina. Referred to the Committee on
foreign Relations.
By Mr. STEVENS:
S. 213. A bin to amend the Internal Reve-
nue Code of 1954 to permit certain employ-
ees to establish qualified pension plans for
CXIX 7— Part 1
themselves In the same manner as if they
were sel f -employed. \Ref erred to the Com-
mittee on Finance.
S. 214. A bill relating to the appointment
of United States marshals. Referred to the
Committee on the Judiciary.
By Mr. HOLLINGS: "
S. 215. A bill to amend the Internal Reve-
nue Code of 1954 to allow a credit against in-
come tax to individuals for certain expenses
incurred in providing higher education, ite-
ferred to the Committee on Finance.
S. 216. A bill to designate certain lands in
the Cape Romain National Wildlife Refuge.
South Carolina, as a wilderness area under
the Wilderness Act. Referred to the Commit-
tee on Interior and Insular Affairs.
S. 217. A bill to authorize the imposition of
the death penalty for Individuals convicted of
certain crimes. Referred to the Committee on
the Judiciary.
By Mr STEVENS:
S. 218. A bill to amend the Food Stamp Act
of 1964 in order to permit eligible households
living in remote areas of Alaska to use food
stamp coupons for the purchase of ammuni-
tion. Referred to the Committee on Agricul-
ture and Forestry.
By Mr. McGEE:
S. 219. A bill for the relief of Robert L. Mil-
ler and Mildred M. Miller. Referred to the
Committee on the Judiciary.
S. 220. A bill to authorize certain convey-
ances of land; and
S. 221. A bill to authorize the Secretary of
the Interior to convey certain lands in the
State of Wyoming. Referred to the Committee
on Interior and Insular Affairs.
By Mr. McGEB (fjor himself and Mr.
HANSEN) :
S. 222. A bill to establish the Women's Hall
of Fame Study Commission. Referred to the
Committee on the Judiciary.
S. 223. A bill IQ amend section 35 of the
Mineral Leasing Act of 1920 with respect to
the disposition of the proceeds of sales,
bonuses, royalties, and rentals under such
Act. Referred to the Committee on Interior
and Insular Affairs.
S. 224. A bill to provide for the establish-
ment of a national cemetery in the State of
Wyoming. Referred to th^ Committee on Vet-
erans' Affairs. I
By Mr. HATFIELD!
S. 225. A bill to authorize the project for
the Days Creek Dam. on the South Umpqua
River. Oregon, for flood protection and other
purposes. Referred to the Committee on
Public Works.
S. 226. A bill for the relief of Eldrldge H.
White. Junior;
S. 227. A bill for the relief of Michael Kwok-
chol Kan;
S. 228. A bill for the relief of Alemitu
Feleke;
S. 229. A
Hwang: and
S. 230. A bill for the relief of Ruben Jose
Naum. his wife. Elena Dalmira Magula de
Naum. and their child, Diana Mlrt* Naum.
Referred to the Committee on the *idiciary.
By Mr. BAYH (for himself and Mr.
Cook) :
S.J. Res. 1. A joint resolution proposing
aa amendment to the Constitution to pro-
vide for the direct popular election of the
President and Vice President of the United
States. Referred to the Committee on the
Judiciary.
By Mr. NELSON: I
S J. Res. 2. A joint resolution designating
Ao'-il 9th through April 15th as "Earth Week,
1973." Referred to the Committee on the
Judiciary
By Mr. DOLE {tot himself and Mr.
Pearson ) :
S.J. Res. 3. A Joint resolution to provide
for a 1974 centennial celebration observing
the Introduction into the United States of
Hard Red Winter wheat. Referred to the
Committee on the Judiciary.
By Mr. DOLE:
S.J. Res. 4. A joint resolution to authorize
and request the President to issue a procla-
mation designating a week as "National Wel-
come Home Our Prisoners Week" upon the
release and return to the United States of
American prisoners of war In Southeast Asia.
Referred to the Committee on the Judiciary.
By Mr. BAYH:
S.J. Res. 5. A joint resolution proposing aai
amendment to the Constitution of the United
States lowering the age requirements for
membership in the Houses of Congress. Re-
ferred to the Committee on the Judiciary.
By Mr. CRANSTON (for himself, Mr.
Nelson, and Mr.~TuNNEY) :
S.J. Res. 6. A Joint resolution to establish
the Tule Elk National Wildlife Refuge. Re-
ferred to the Committee on Commerce.
By Mr. BAKER:
S.J. Res. 7. A joint resolution proposing an
agreement to the Constitution of the United
States with respect to the offering of prayer
in public buildings. Referred to the Com-
mittee on the Judiclarv.
By Mr. HARTKE:
S.J. Res. 8. A joint resolution to protect
nondisclosure of information and sources of
information coming into the possession of
the news media. Referred to the Committee
on the Judiciary.
By Mr. GRIFFIN:
S.J. Res. 9. A Joint resolution proposing an
amendment to the Constitution of the Unit-
ed States relating to the assignment and
transportation of pupils to public schools.
Referred to the Committee on the Judiciary.
By Mr. SCHWEIKER (for himself and
Mr. Scott of Pennsylvania) :
S.J. Res. 10. A Joint resolution to amend
the Constitution of the United States to pro-
vide voluntary nondenominational praver in
public schools and buildings. Referred to the
Committee on the Judiciary.
By Mr. HOLLINGS:
S.J. Res. 11. A joint resolution to pay trlb-t
ute to law enforcement officers of this coun
try on Law Day, May 1. 1973 Referred to th«
Committee on the Judiciary.
STATEMENTS ON INTRODUCED
BILLS AND JOINT RESOLUTIONS
By Mr. KENNEDY (for himself,
Mr. Case, Mr. " Clark, Mr
Cranston, Mr. Gravel. Mr,
, Hart, Mr. Hughes, Mr. Hum-,
PHREY. Mr. Inouye, Mr, McGee.
Mr. McGovERN, Mr. Metcalf,
Mr. MoNDALE. Mr. Moss, Mr.
MusKiE, Mr. Pastore. Mr. Tun-
^fEY and Mr. Hathaway > :
S. 3. A bill to create a national system
bill for the relief of Moo Soo'^of health security. Referred to the Com-
mittee on Finance.
national system of health SECLTirry
Mr. KENNEDY. Mr. President, I in-
troduce for appropriate reference, S. 3.
the Health Security Act of 1973.
This historic bill, which reflects a
broad public coalition rising out of mil-
lions of Americans, the labor movement
and the best thinking of some of Ameri-
ca's most respected health profes.'-uonals
and economists, has been before two
previous Congresses. 'With each submis-
sion, the bill has been improved and
perfected. During the 92d Congress, im-
portant hearings were held in both the
Senate and House on this and other
national health insurance bills. 1
I beheve that this 93d Congress will
enact national health insurance legisla-
tion which will embody the principles
of this health security program. I am
encouraged in this belief by the growing
)8
CONGRESSIONAL RECORD — SEN ATE
January 4, 1973
aublic and legislative coalition support-
ing S. 3. I believe this coalition reflects
growing public concern over the mount-
,ng health care crisis, a concern that
ivill make the 93d Congress the health
care^ Congress. On January 30, I will
desct^be the new coalition behind S. 3
and'iUe additional cosponsors to the bUl.
r am" filing the bill itself today in order
that '-all of my colleagues may have an
oppoatunity to review its provisions in
detail and consider cosponsorship.
The bill I am introducing today re-
tains the historical principles of the pro-
graii while making important improve-
ments. As in the past, the program cou-
ples comprehensive health insurance
coverage for all Americans with major
expansion and reorganization of the
health ?are system. It incorporates in-
centives for efficiency in providing
health care and positive controls on in-
flatiqn, while offering providers of health
care the widest range of choices of how
and where they will practice. It removes
"ability to pay" as a consideration in
whe^ther or not a person receives good
health care, and takes every possible
step to assure that the same quality care
is. In fact, available to everyone who
nee<is it.
As in the past, the program aims at
jiccompli.>hing these ends by making the
Federal Government the health insuring
agent for all Americans, with the cost of
the Insurance paid through payroll taxes
and general revenues. This approach
give; the Nation an essential lever to con-
stri^ctively move our health care system
toward greater efficiency, lower cost,
higl>er quality, and broader availability
of $ervices. By responsible public use of
this insurance leverage, the program will
bring about these changes while preserv-
inaour health care providers' and insti-
tut.ons' strong traditions of freedom
fro.Ti Government ownership and control.
Th'.s Federal insurance system also al-
locs greater equity by requiring families
to tiay for their insurance proportionate
to iheir ability to pay. In this regard, the
bUl contains a favorable new provision
exempting the first 83.000 of unearned
income from tax for Americans over age
60.
There are, in addition, a number of
new elements in the bill as introduce^ in
this Congress. Based on extensive study
and discussions, the Committee for Na-
tional Health Insurance has strength-
ened the quality control and consumer
representation provisions of the bill,
schedules broadened insurance coverage
for drugs and dental care, and estab-
lishes pilot projects in personal care serv-
ices m the home and long-term institu-
tional care. These and other changes are
described below.
The health security program, I believe,
incorporates basic prinqiples that must be
erfected into law if we are to assure that
eV;ry American has an equal opportimity
fo • good health at a cost he and our Na-
tion can afford. I commend the new bill
toithe Senate's careful consideration.
Mr. President, I ask unanimous con-
sent that the text of the bill be printed
at, this point in today's Record.
^here being no objection, the text of
tile bill was ordered in the Record as
follows : i
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That this
Act may be cited as "The Health Security
Act".
FINDINGS AND DECLARATION OF PrTRPOSE
Sec. 2. (a) The Congress finds that —
(1) the health of the Nation's people Is
the foundation of their well-being and of
our Nation's strength, productivity, and
wealth;
(2) adequate health care for all of our
people must now be recognized sis a right;
and
(3) a national system of health security
is the means to Implement that right.
(b) The purpose of this Act Is —
(1) to create a national system of health
security benefits which, throxgh national
health insurance, will make comprehensive
health services available to all rcj.dents of
the United States, and
(2) through the operation of the system,
to effect modifications in t'.ie organization
and methods of delivery of health services
which will increase the availability and con-
tinuity of care, will enhance its quality, will
emphasize the maintenance of health as well
as the treatment of Illness and, by improvnig
the efficiency and the utilization of services
and by strengthening professional and finan-
cial controls, will restrain the mounting cost
of care while providing fair and reasonable
compensation to those who furnish it.
INITIATION OF HEALTH SECURITY PROGRAM
Sec. 3. Health securltj'^texes will become
effective on January 1, ana*health services
will become available on July 1, of the second
calendar year after the year in which this Act
is enacted. Except for the benefit and related
fiscal provisions, title I of this . -ct Is effective
upon enactmeat. Certain federally financed
or supported health programs will be termi-
nated or curtailed when health benefits un-
der this Act become available. Effective dates
of the several provisions of this Act are set
forth in sections 163. 204, 214, and 401 to 406,
Inclusive.
TABLE OF CONTENTS
Sec. 1. Short title.
Sec. 2. Declaration of purpose.
Sec. 3. Initiation of health security program.
TITLE I— HEALTH SECURITY BENEFITS
Part A — Eligibility for Benefits
Sec. 11. Basic eligibility.
Sec. 12. Agreements for eligibility of other
persons.
Part B — Nature and Scope of Benefits;
Covered Services
Sec. 21. Entitlement to have payment made
for services.
Sec. 22. Physician services.
Sec. 23. Dental services.
Sec. 24. Institutional services.
Sec. 25. Pharmaceutical benefits.
Sec. 26. Devices, appliances, and equipment.
Sec. 27. Other professional and supporting
services.
Sec. 28. Exclusions from covered services.
Part C — Participating Providers of Services
Sec. 41. In general; agreements with the
Board.
Sec. 42. Professional practitioners.
Sec. 43. General hospitals.
Sec. 44. Psychiatric hospitals.
Sec. 45. Skilled nursing homes.
Sec. 46. Home health service agencies.
Sec. 47. Health maintenance organizations.
Sec. 48. Professional foundations.
Sec. 49. Other health service organizations.
Sec. 50. Other providers.
Sec. 51. Utilization review.
Sec. 52. Transfer and affiliation agreements.
Sec. 53. Newly constructed facilities.
Sec. 54. Limitation on malpractice Judg-
ments.
I
h^
Sec. 55. Exclusion: Federal providers of serv.
ices.
Sec. 56. Restrictive State laws Inoperative.
Part D — Trust Fund; Allocation of Funds
FOR Services
Sec. 61. Health Security Trust Fund.
Sec. 62. Annual determination of fund avail-
ability.
Sec. 63. Health services account, health re-
sources development account, ad-
ministration account and general
account.
Sec. 64. Regional allocations from health
services account.
Sec. 65. Division of regional funds by classes
of services.
Sec. 66. Funds for health service areas.
Sec. 67. Modification of fund allotments.
Part E — Payment to Providers of Services
Sec. 81. In general.
Sec. 82. Methods and amount of payment to
professional practitioners.
Sec. 83. Payment to general hospitals.
Sec. 84. Payment to psychiatric hospitals.
Sec. 85. Payment to siiilled nursing homes
and to home health service agen-
cies.
Sec. 86. Payment for drugs.
Sec. 87. Payment to health maintenance or-
ganizations and professional foun-
dations.
Sec. 88. Payment to other providers.
Sec. 89. Reduction in payments on account
of unnecessary capital expendi-
tures.
Sec. 90. Methods and time of payment.
Part F — Planning; Funds To Improve Serv-
ices AND To Alleviate Shortages of Fa-
ciLrriES AND Personnel
Sec. 101. Purpose of part F; availability of
funds.
Sec. 102. Planning.
Sec. 103. General policies and priorities.
Sec. 104. Organizations for the care of am-
bulatory patients.
Sec. 105. Recruitment, education, and train-
ing of personnel.
Sec. 106. Special improvement grants.
Sec. 107. Test of personal care services in
lieu of institutional care.
Sec. 108. Loans under part F.
Sec. 109. Relation to parts E and F.
Part G — Administration
Sec. 121. Establishment of the Health. Secu-
rity Board.
Sec. 122. Duties of the Secretary and the
Board. ,^
Sec. 123. Executive Director; delegation of
authority.
Sec. 124. Regions and health service areas.
Sec. 125. National Health Security Advisory
Council.
Sec. 126. Regional and local advisory coun-
cils.
Sec. 127. Professional and technical advisory
committees.
Sec. 128. Participation by State agencies.
Sec. 129. Technical assistance to skilled
nursing homes and home health
service agencies.
Sec. 130. Dissemination of information;
studies and evaluations; sys-
tems development; tests and
demonstrations.
Sec. 131. Guidelines for health manpower
education and training.
Sec. 132. Determinations; suspension or ter-
mination of participation.
Sec. 133. Hearings; judicial review.
Ses, 134. Directions by the Board for the
better organization and coordina-
tion of .services.
Part H — QuAt.iTY of Care
Sec. 141. Purpose and general policies.
Sec. 142. Continuing professional education.
Sec. 143. Major surgery and other specialized
services.
Sec. 144. Additional requirements for par-
ticipation.
January J^, 1973
CONGRESSIONAL RECORD — SENATE
Sec. 145. Professional standards review and
similar organizations.
Sec. 146. Findings of commission on medical
malpractice.
Part I — Miscellaneous Provisions
Sec. 161. Definitions.
Sec. 162. Deputy Secretary of Health, Edu-
cation, and Welfare; Under Sec-
retary for Health and Science.
Sec. 163. Effective dates of Title I; Authori-
zation of appropriations.
Sec. 164. Existing employer-employee health
benefit plans.
TITLE II— HEALTH SECURITY TAXES
Part A — Payroll Taxes
Sec. 201. Rates and coverage.
Sec. 202. Conforming and technical amend-
ments.
Sec. 203. Exclusion from gross income.
Sec. 204. Effective dates of part A.
Part B — Taxes on Self-Employment Income
AND Une.\rned Income
Sec. 2U. Tax on self-employment Income.
Sec. 212. Tax on health security unearned
income.
Sec. 213. Conforming and technical amend-
ments.
Sec. 214, Effective dates of part B.
TITLE III— COM^^SSION ON THE QUAL-
ITY OP HEALTH CARE
Sec. 301. Statement of purpose.
Sec. 302. Amendment of the Public Health
Service Act.
Sec. 303. Technical amendments to the Pub-
lic Health Service Act.
TITLE IV— REPEAL OR AMENDMENT OP
OTHER ACTS
Sec. 401. Repeal of medicare and Federal em-
ployee health benefit statutes.
Sec. 402. Medicaid statute.
Sec. 403, Vocational Rehabilitation Act; ma-
ternal and child health and crip-
pled children's services.
Sec. 404. Amendment of section 1122 of the
Social Security Act.
Sec. 405. Repeal of Title XI, Part B. of the
Social Security Act.
Sec. 406. Transfer and amendment of section
1817, and amendment of section
201(g), of the Social Security
Act.
Sec. 407. Amendment of section 314 of the
Public Health Service Act.
Sec. 408. Salar>' levels.
TITLE V— STUDIES RELATED TO- HEALTH
SECURITY
Sec. 501. Study of the provision of health
security benefits to United States
citizens in other countries.
Sec. 502. Study of coordination with other
Federal health benefit programs.
Sec. 503. General Provisions.
TITLE I— HEALTH SECURITY BENEFITS
P.\RT A — Eligibility for Benefits
BASIC eligibility
Sec, 11. Every resident of the United States
and every nonresident citizen thereof is eligi-
ble, while within the United States, to re-
ceive health services under this Act; except
that an alien employee (as defined in reg-
ulations) of a foreign government, of an
instrumentality of a foreign government ex-
empt from the tax imposed by section 3111
(b) of the Internal Revenue Code of 1954,
or of an international organization (as de-
fined in the International Organizations
Immunity Act) is eligible only in accordance
with^ an agreement under section 12. An
alien admitted as a permanent resident and
living within the United States, an alien ad-
mitted for employment and employed within
the United States, or a refugee lawfully In
the United States is for the purposes of this
title a resident of the United States.
agreements for ELIGIBILITY' OF OTHER PERSONS
Sec. 12. The Health Security Board (here-
after referred to as the "Board"), with the
approval of the Secretary of Health. Educa-
tion, and Welfare and the Secretary of State,
is authorized to enter into agreements with
foreign governments. International organi-
zations, or other entitles to extend the bene-
fits of this title to persons within the United
States not otherwise eligible therefor, in con-
sideration of payment to the United States
of the estimated cost of furnishing the bene-
fits to such persons, or of an undertaking to
furnish in a foreign country similar benefits
to citizens of the United States, or of a com-
bination of payment and such an under-
taking.
Part B — Nature and Scope of Benefits;
Covered Services
entitlement to have payment made for
services
Sec. 21. Every eligible person is entitled
to have payment made by the Board for
any covered service furnished within the
United States by a participating provider if
the services is necessary or appropriate for
the maintenance of health or for the diag-
nosis or treatment of. or rehabilitation fol-
lowing, injury, disability, or disease. Par-
ticipating providers are providers, describea
in part C. who meet the conditions stated in
section 41. Covered services are services de-
scribed In section 22 to 27. inclusive, btit are
subject to the exclusions stated In section
28 and to limitations prescribed by or pur-
suant to part H (relating to the quality of
care) .
PHYSICIAN services
Sec. 22. (a) Professional services of physi-
cians, furnished in their offices or elsewhere,
are covered services. Covered physician serv-
ices Include .services and supplies of kind
which are commonly furnished In a physi-
cian's office, with or without separate charge,
as an incident to his professional services.
( b ) Covered^Dl^icians' services consist of
( 1 ) primary meSrcal services, which are the
services (as defined In regulations, but in-
cluding preventive services) ordinarily fur-
nished by physicians, whether general prac-
titioners or specialists, engaged (as deter-
mined In accordance with standards for such
practice prescribed in regulations) in gen-
eral or family practice for adults or for
children or for both, and (2) specialized serv-
ices.
(c) Psychiatric (mental health) service to
an outpatient is a covered service ( 1 1 only
If It constitutes an active preventive, diag-
nostic, therapetitic, or rehabilitative service
with respect to emotional or mental disor-
ders, and (2) only (A) If the service is fur-
nished by a health maintenance organiza-
tion, by a hospital, or by a community men-
tal health center or other mental health
clinic which furnishes comprehensive men-
tal health services, or (B) if the service is
furnished to a patient of a day care service
with which the Board has an agreement un-
der section 49(a) (3) .or ic) to the extent of
twenty consultations during a benefit period
(as defined in regulations), if the service Is
furnished otherwise than in accordance with
clause (A) or (B). In any community In
which the available psychiatric services fur-
nished otherwise than in accordance with
clau.se (A) or (B) are found by the Board to
be insufficient to meet the needs of the com-
munity, the Board may limit the coverage of
such services by prescribing referral or other
nonflnancial conditions In order to give
priority of access to the services to those per-
sons most In need of them.
DENTAL services
Sew. 23. (a) Professional services (described
in subsection (c) ) of a dentist, furnished In
his office or elsewhere, are covered sStvlces If
they are furnished to a person who, at the
time when the services are furnished. Is en-
titled to such services In accordance with
subsection '(b) . Covered services include serv-
ices, materials, and supplies which are com-
monly furnished in a dentist's office, without
:99
separate charge, as an Incident to his pro-
fessional services.
(b) Persons who. on the effective date of
health benefits, are less than fifteen years
of age are entitled to covered dental services,
and will remain so entitled throughout their
lives. On July 1 of each of the five years im-
mediately succeeding the year In which the
effective date occurs, the following persons
will become (and thereafter remain) entitled
to such services: on July 1 of the first suc-
ceeding year, persons who, are then less than
seventeen years of age; on July 1 of trie sec-
ond succeeding year, persons who are then
less tlian nineteen years of age; on July 1
of the third succeeding year, persons who are
then less than twenty-one years of age; on
July 1 of the fourth succeeding year, per-
sons who are then less than twenty-three
years of age; and on July 1 of the fifth suct
ceedlng year, persons who are then less tha^
twenty-five years of age. ;
(C) Covered dental services are preventive
services (including personal dental health
education), diagnostic services, therapeutic
services (exclusive of orthodontic service*
other than for handicapping malocclusion),
and services required for rehabilitation fol-
lowing injury, disability, or disease. 1
(d) The Board is' authorized. If it finds
that the availability of funds and of facilitleB
and personnel makes it possible, to provide
by regulation for acceleration of the entitle,
ment (by age groups) to covered dental
services as set forth in subsection (b). Not
later than seven years after the effective
date of health benefits, the Board shall by
regulation provide that entitlement to dental
service shall be extended, over such period
of time and by such age or other groupings
as it finds calculated to make the best use
of available resources and personnel, to all
persons not otherwise entitled to such serv-
ices; and it may thereafter, from time to
time, amend such regulations on the basis
of further experience In the furnishing of
dental services as covered services. In exer-
cising its authority under this subsection
the Board shall seek to encourage the fur-
nishing of dental services as a part of com-
prphensive health services, or the furnishing
of them by organizations furishlng compre-
hensive dental services (which meet require-
ments set forth in regulations under section
104(a)); and to that end, the Board may
limit additional entitlement to dental serv-
ices, in whole or in part and temporarilv or
permanently, to services so furnished.
INSTITUTIONAL SERVICES
Sec. 24. (a) Inpatient and outpatient serv-
ices of a psychiatric or other hospital, the
services of a skilled nursing home, and the
services of a home health service agency,
which are ordinarily furnished by the insti-
tution to patients for the purpose stated in
section 21, are covered services, subject to
the limitations stated in this section. Cov-
ered ser.ices Include services furnished gen-
erally to the patients served by an institu-
tion, including pathology and radiology serv-
ices and all other necessary services, whether
they are furnished by the Institution or by
others under arrangement with the institu-
tion. To the extent provided in regulations.
Inpatient services of a Christian Science '
sanatorium are covered services.
(b) Covered services do not Include per-
sonal comfort items or. unless required for
medical reasons, the additional cost of ac-
commodatlo^is more expensive than semiprl-
vate accommodations; and do not include
domiciliary or custodial care, or institutional
care of a person while he is not receiving ac-
tive medical treatment.
(c) Covered services do not include care In
a skilled nursing home for more than one
hundred and twenty days during a benefit
period (as defined in regulations); except
that the Board may, on such conditions as it
finds appropriate to assure effective control
of utilization, extend the duration of covered
mo
vices, either for a stated number of days
a benefit period or indefinitely —
1 1 1 'in all skilled nursing homes for which
cdnsclidated budgets with hospitals have
b4en approved under section 83(f). or
(2) /in all participating skilled nursing
h4n\£sihaving in effect atlUiatlon agreements
u Ld*/feectlon 52ib). if the Board finds that
ae equiite funds and resources are available
tlierefiJr and that such action will not lead
excessive utilization of nursing home serv-
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CONGRESSIONAL RECORD — SENATE
January. 4, 1973
id) Covered services do not include instltu-
tii>nal [care of a person as a psychiatric pa-
t; nt wfhlle the patient is not receiving active
tr ;atn^nt for an emoV{onal or mental dls-
oi der;'end do not Include care of a person as
a ssycrilatric patient for more than forty-five
ir patient days in either a psychiatric or an-
01 her ihospltal during a benefit period (as
dinned In regulations) .
lei tovered services do not include instltu-
if)nalicare of an inpatient unless a phj-siclan
s c^lfied to the medical necessity of the
tlexlt's admission to the institution, and
not Include such care (during a continu-
s stay in the Institution) after such period
■ any) as may be specified In regulations
iless a physician has certified to the con-
luetd medical necessity of such care. Regu-
lons may specify the classes of cases In
wjiich certification of continued necessity
required, may specily different periods for
dipertot classes of cases, and may permit
reactive certification under such clrcum-
nces and to such extent as the Board
i appropriate.
if) .Covered services do not include the
:vic«s of a psychiatric or other hospital or
skUleti nursing home, during a benefit
iod las defined in regulations), after the
tljird day following receipt by the institution
the patient of notice of a finding by a
lizatlon review committee pursuant to
^tloa 51(ei that further stay in the hospl-
ta , or;^ further stay in the nursing home, as
tt e cdse may be. Is not medically necessary.
PHARMACEmCAL BENEFITS
3ec. 25. I a) The Board, with the approval
the- Secretary, shall establish and dissemi-
nate land review at least annually) (1) a
of; drugs for use in participating institu-
ns,ihealth maintenance organizations, and
professional foundations, and (2) a list (for
outside such institutions, organizations,
foundations) of diseases and conditions
the treatment of which drugs may be
lidhed as a covered service, and a specifi-
iori of the drugs that may be so furnished
each disease or condition listed. Subject
the provisions of subsections (b) and (c).
fiirnlshlng of a drug to an eligible per-
is a covered service if it is furnished by
oa on prescription of a participating physl-
clin or dentists, or by or on prescription of a
pi ysiclan or dfentist acting on behalf of a
pi rtlcipating institvttlonal or other provider.
I b) The list of drugs referred to In subsec-
(a)(1) shall be designed to provide
ysiclans and dentists with an armamenta-
rljim necessary and sufficient for rational
therapy Incident to comprehensive
cal services or incident to covered dentai
l(Jes. The furnishing of a drug on this
\i a covered service if It is furnished to
person who is enrolled in a participating
altb maintenance organization or profes-
jnEil foundation, or Is administered within
participating hospital to an Inpatient or
. outpatient, or Is administered to an in-
patient of a participating skilled nursing
>me operated by a participating hospital or
itig In effect an affiliation agreement In
coiklance with section 52(b).
ici Tlie list of diseases and conditions re-
ferred to In subsection (a) (2) shall include
tl lose chronic diseases and conditions for
\» hlch drug therapy, because of its duration
a Id cost, commonly Imposes substantial fl-
Dn
t
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diug
m?d!i
liit
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si
a
a
nanclal hardship; and may Include other
diseases and conditions for which the Board
finds costly drug therapy to be commonly
required and effective. To assure proper
utilization of drugs for specific diseases or
conditions, the Board may require that the
physician or dentist furnishing or prescrib-
ing a listed drug be a specialist qualified to
diagnose and treat that disease or condition.
The furnishing of a drug (although not to
a person or under circumstances described in
subsection ( b ) is a covered service if ( 1 ) the
physician or dentist furnishing or prescrib-
ing it identifies the disease or condition for
which it Is furnshed or prescribed, and the
disease or condition is onefappearlng on the
Board's list. (2) the phv'sician or dentist
meets specialist qualifications, if any, re-
quired by the Board, and (3) the drug Is
specified on the Board's list as one available
for treatment of the disease or condition
identified by the physician or dentist.
(d) The Board shall not list a drug under
this section unless ( 1 ) the Secretary has
found that it is safe and efficacious for the
purposes for which it Is recommended and
(on the list established under subsection
(C)) for the treatment of each disease or
condition for which 11 is specified on the
list, and (2) the Board finds that it Is avail-
able at a reasonable cost ( considering, among
other factors, the existence or absence of
competition In the production, distribution,
and sale of the drug). Drugs shall be listed
by their established names (as defined In
section 502(e)', of the Federal Food. Drug,
and Cosmetic Act) and also, to the extent
the Board deems appropriate, by trade names.
le) In reviewing and revising lists estab-
lished under this section the Board shall
take Into consideration ( 1 ) current informa-
tion about the safety and efficacy of listed
drugs, and about their cost. (2) the results
of review of drug utilization under this title,
( 3 ) experience bearing on the determination
of what diseases and conditions meet the
criteria stated in subsection (c). and (4)
such other factors as the Board deems per-
tinent. Drugs shall be added to or eliminated
fronrihe lists as the Board finds best cal-
culated to effectuate the purposes of this
section.
DEVICES, APPLIANCES, AND EQUIPIVIENT
Sfc. 26. (a) The Board, with the approval
of the Secretary, shall establish and dis-
seminate (and review at least annually) lists
of the therapeutic devices, appliances, and
equipment (including eyeglasses, hearing
aids, and prosthetic appliances), or classes
thereof, which It finds are Important for the
maintenance or restoration of health or of
employabllity or self -management. The Board
shall take into consideration the efficacy,
reliability, and cost of each item listed, and
shall attach to any item such conditions as
it deems appropriate with respect to the cir-
cumstances under which or the frequency
with which the item may be prescribed. In
establishing and revising lists under this
section the Board shall seek to avoid a rate
of expenditure for the furnishing of devices,
appliances, and equipment in excess of 2 per
centum of the rate of expenditure for all
covered services.
(b) The furnishing of a device, appliance,
or equipment prescribed by a participating
physician or dentist, or by a physician or
dentist on behalf of a participating institu-
tional or other provider. Is a covered service
if the item ^tppear^ on a current list estab-
11-ihed under subsection (a) and the prescrip-
tion falls within any conditions attached,
on the list, to the prescribing of that Item.
The furnishing of any other device, appli-
ance, or equipment so prescribed is also a
covered service If. in accordance with regula-
tions, the furnishing of it has been approved
In advance by the Board. Regulations under
this section may list Items or classes of items
'^J
which, because of lack of efficacy or reliabil-
ity or because of cost, the Board had deter-
mined may not be furnished as covered serv-
ices.
OTHER PROFESSIONAL AND SUPPORTING SERVICES
Sec. 27. (a) To the extent provided In reg-
ulations, the following are covered services:
(1) the professional services of optome-
trists;
(2) the professional services of podiatrists;
(3) the diagnostic services of independent
pathology laboratories, and diagnostic and
therapeutic radiology furnished by inde-
pendent radiology services;
(4) the care of a patient In a mental
health day care service (A) for not more
than sixty full days (or Its equivalent) dur-
ing or following a benefit period (as defined
in regulations), when furnished by a hos-
pital or a service affiliated with a hospital,
or (B) if furnished by a health maintenance
organization or by a community mental
health center or other mental health center
which furnishes comprehensive mental
health services; or (C) if furnished by a
mental health day care service with which
the Board has an agreement under section
49(a) (3): and
(5) ambulance and other emergency trans-
portatioii services, and such nonemergency
transportation services as the Board finds
essential to overcome special difficulty of
access to covered services.
(b) Supportiag services (such as psycho-
logical, physiotherapy, nutrition, sociil work.
or health education services) are covered
services when they are furnished on behalf
of an institutional provider or when, with
the approval of the Board, they are furnished
on behalf of a participating health mainte-
nance organization or professional founda-
tion, or of an organization, agency, or
center with which the Board has an agree-
ment under section 49(ai (1). (2). or (3);
but only if the persons furnishing the sup-
porting services are compensated on a salary.
stipend, or capitation basis by the provider
on whose behalf they are furnished.
EXCLUSIONS FROM COVERED SERVICES
Sec. 28. (a) Health services furnished or
paid for under a workmen's compensation
law of the United States or a State, or legally
required to be so furnished or paid for. are
not covered services. Such services, if fur-
nished by a participating provider to an
eligible person, shall nevertheless be treated
as covered services in accordance with this
part unless and until a determination has
been made pursuant to the workmen's com-
pensation law that the services are covered
by that law, and any resulting overpayment
under this title shall, when payment is m.ade
under the workmen's compensation lav. be
recouped in the same manner as other over-
payments.
(b) Health services furnUhed in a primary
or secondary school are covered services only
to such extent and on such conditions as
may be specified in regulations.
(c) Surgery performed solely for cosmetic
purposes (as defined in regulations), and
hospital or other services incident thereto,
are not covered services.
(d) The furnishing of a drug otherwise
than In accordance with .section 25 is not
a covered service. The furnishing of a de-
vice, appliance, or equipment otherwise than
In accordance with section 26 is not a
covered service unless It Is furnished. In
accordance with section 22(a) or section
23(a) . as an incident to professional services.
(e) The Board may by regulation exclude
from covered services medical or surgical
procedures ( and services incident thereto)
which It finds both (1) are essentially ex-
perimental in character, and (2) becatise of
cost or because of shortage of qualified per-
sonnel or facilities cannot practicably be
furnished on a nationwide basis.
January ^, 1973
CONGRESSIONAL RECORD — SENATE
lOl
(f) Except as provided in regulations.
' services are not covered services if ( 1 ) they
are furnished by another provider to a person
who has enrolled in a participating health
maintenance organization or in a participat-
ing professional foundation, and are within
the range of services which the organization
or foundation has undertaken to furnish, or
(2) they are primary physicians' services or
covered dental services and are furnished by
another provider to a person who has chosen
to be on the list of a physician or a dentist
electing to be paid by the capitation method.
Regulations under this subsection shall per-
mit termination of the enrollment referred
to hi clause ( 1 ) . or of the choice referred
to in clause (2). after the enrollment or
choice has been in effect for twelve months,
or at an earlier time for such reasons as may
be specified in the regulations.
(g) The services of a professional practi-
tioner are not covered services If they are
furnished hi a hospital which is not a par-
ticipating {jrovider. or are furnished to a
psychiatric inpatient of an Institution at a
time when the institutional services to the
patient are, by reason of section 24(d), not
cohered services.
Part C — Participating Providers of Services
IN General; Agreements Wiih the Board
Sec 41. A person, corporation, or other
entity furnishing any covered service Is a
participating provider if he or it (a) is a
qualified provider of that service, as deter-
mined in accordance with this part, and
meets such requirements as are prescribed
by or pursuant to paru H (relating to the
quality of care), (b) furnishes the service
as au indepeiident provider and not (as em-
ployee or otherwise) on behalf oi another
provider entiiled under 'part E to payment
for the service, and (c) has filed with the
Board an agreement (1) that services to
eUgible persons will be furnished without
discrimination on the ground of race, color,
or national origin. (2) that no charge will
be made for any covered service other than
for payment autrorized by this title, and (3)
that the provider will iurnlsh such infor-
mation and reports as may be required under
this title for the makiiio ol payments, or as
the Board may reasonably re'iuire for utiliza-
tion review by professional peers or for
statistical or other studies of the operation
of the title (Including Information and re- .
ports required for the purposes of the Comjh
mission on the Quality of Health Care), ai^^
will permit such examinations of records as
may be necessary for verification of i.iiormu-
lioi on which payments are based. Participa-
tion of a provider may, liowever, be saspended
or termii.iated pursu,i;a to section 132 or
section 134.
professional pral-ii:ioners
Sec. 42. (a) A physician, dentist, optome-
trist, or podiatrist, legally authorized on
the effective date of health security bene-
fits to practice his profession in a State, is
a qualified provider of covered services within
the State. A practitioner first so authorized
by a State after the e;Tective date is a quali-
fied provider ia that State if, in addition,
he meets national standards established by
the Board (taking into consideration the cri-
teria applied by any recognized national test-
ing organization) for the practitioner's pro-
fession. A practitioner who is a qualified pro-
vider in one State, if he meets the national
standards, is also in any other State (in ac-
cordance with the provisions of section 56(a)
(1)) a qualified proylder of services (1) are
covered services to Persons entitled thereto
under this title, ani^42) are of a kind which
such other State authorizes to be furnished
by practitioners of his profession,
(b) For the purposes of this title —
(1) A doctor of osteopathy legally atithor-
ized to practice medicine and surgery In a
State is a physician.
(2) A dentist qualified In accordance with
subsection ( a ) is a physician when perform-
ing oral surgery or other procedures which.
In accordance with generally accepted pro-
fessional standards, may be performed by
either a physician or a dentist.
GENERAL HOSPITALS
Sec. 43. Subject to the provisions of sec-
tion 53. a hospital (othpr than a psychiatric
hospital) Is a qualified provider if it Is an
instittitlon which —
(a) Is primarily engaged in providing to
Inpatients (other than mentally ill persons)
diagnostic, therapeutic, and rehabilitation
services, furnished by or under the super-
vision of physicians, for medical diagnosis,
treatment, care, and rehabilitation of in-
jured, disabled, or sick persons;
(bi maintains adequate clinical records on
all patients;
(c) has bylaws m effect with respect to its
staff of physicians, and has filed with the
Board an agreement that In granting or
malntaing medical staff privileges It will not
discriminate on any ground unrelated to
professional qualifications;
(d) has a requirement that every patient
must be under the care of a physician;
(e) provides twenty-four-hour nursing
.service rendered or .supervised by a registered
professional nurse, and has a licensed prac-
tical nurse cr registered professional nurse
on duty at all times:
(f ) has a pharmacy and drug therapeutics
committee whi'-h establishes policies for the
selection, acquisition, and utilization of
drugs:
( g ) has in effect a hospital utilization plan
which meets the requirements ol section 51;
and
(h) meets all applicable requirements of
the law of the State in which it Is situated.
PSYCHIATRIC Hospitals
Sec. 44. Subject to the provisions of sec-
tion 53. a hospital which Is primarily engaged
in furnishing psychiatric services to inpa-
tients who are mentally ill is a qualified pro-
vider if it (or a distinct part of it) is an
institution —
(a) in which diagnostic, therapeutic, and
rehabUltatlv-e services wlth-respect to mental
illness are furnished by or under the super-
slon of physicians;
(b) which satisfies ihe requirements of
subsections (b) through (h) of section 43;
(c) which, on the basis of staffing and
otiier factors it deems pertinent, the Board
find.^ is qualified to furnish active treat-
ment; and I
(d) which maintains Isuch records as the
Board finds necessr.rj- to determine the de-
gree and intensity of t:ie treatment fur-
ni-^hed. ,
SittLLED NVRSIP^G HOMES
SRr. 45. Subject to the provisions of sec-
tions 52 and 53, a skilled nursing home is a
qualified provider if it (or a distinct part of
it) Is an institution w<hlch —
(a) is primarily engaged in providing to
inpatients (other than mentally 111 persons)
skilled nursing care and related services for
patients who require medical and nursing
services;
(b) has WTitten policies, which are de-
veloped (and reviewed from time to time)
with the advice of a group of professional
personnel. Including one or more physicians
and one or more registered professional
nurses, to govern the services it provides;
(c) has a medlcnl staff, a physician, or a
registered professional ntsrse responsible for
the execution of such policies;
(dir unless It is operated by a participating
hosmtal. operates under the supervision of an
admtmstrator licensed by the State In which
the institution is situated:
(e) has a requirement that the health care
of every patient be under the supervision of
a physician, and provides for having a phy-
sician available to furnish necessary medical
care in case of emergency;
(f) maintains adequate clinical records on
all patients;
(g) provides twenty-four-hour nursing
service sufficient to meet nursing needs In
accordance with the policies developed as
provided In subsection (b), and has at leasts
one registered professional nurse employed
full time;
(h) provides appropriate tnethods and
procedures for the dispensing and adminis-
tering of drugs:
(I) has in effect a utilization review plan
which meets the requirements of sectloii 51;
and
(j) meets all applicable requirements of
the law of the State in which It is situated
and. unless the Board finds that such law
provides equivalent protection, meets the
provisions of the Life Safety Cede of the
National Fire Protection Association 'other
than any provir.lon of the code authorising
■waiver of its requirements) applicable to
nursing homes.
HOME health service AGENCIES
Sec 46. Subject to the provisions cf Sec-
tion 52. a home health service agency Is a
qualified provider if It Is a public ageiicy or
a nonprofit private organization, or a suisdt-
vlslon of such an agency or organization,
which — 1
(a) Is primarily engaged in furnishing, on
an intermittent and visiting basis in pa-
tients' homes, skilled nursing and other ther-
apeutic services to patients (other than men-
tally 111 persons) who are under the care of
physicians;
(b) has written policies developed (and
reviewed from time to time) by a group of
professional personnel associated with the
agency or organization, including cne or
more physicians and one or .more registered
professional nurses. 'to govern the services
which it furnishes, and provldies for super-
vision of such services by a physician or
registered professional nurse;
(c) maintains adequate clini(;al records on
• all patients; ]
(d) meets all applicable requirements of
the law of the State in whicl^ it furnishes
services; and |
(e) has written policies anld procedures
which provide for a systematic evaluation <^f
Its total program at appropirate Intervals \p.
order to assure the appropriate lutillzatloil <tf
services. 1
HE.\LTH M.MNTENANCE ORGANIZATIONS
Sec 47. (a) A health malnteijiance organi-
zation Is a qualified provider If— |
( 1 ) It Is a public cr other nonprofit oi*-
ganlzation which furnishes health services
to persons enrolled in the organization:
(2) It provides at least annually an open
enrollment period of not less than thirty
days, during which all eligible persons living
within a defined service area ((3r living near
enough thereto to have reasonably reedy
access to the services of the organization),
up to the capacity of the organization to fur-
ni.sh services, are accepted for enrollment in
the order In which they apply, except that
priority may be given to persons living withr
in the service area: and it does not terminate
any enrollment because of the enroUee'B
health status or his need or demand for
health services, or for any other reason exr
cept repeated ami serious violation of rpa--
sonable rules of the organisation;
(3) it undertakes to provide to Its en-
rollees, at Its expense and In accordance w|th
paragraphs (4) and (5), all of the covered
services described In part B. Including such
supporting services as the Board may have
approved under section 27(b); except that it
may exclude some or all mental health serv-
ices or dental services if it assures referral of
its enroUees to providers cf such excluded
services wften medically appropriate and
maintains arrangements with such providers
for the availability of the services to Its
enrollees; I
1)21
"^
I
CONGRESSIONAL RECORD — SENATE
January Jf, 1973
i4i all physician services, and dental serv-
Ic es if the organization undertakes to pro-
V de them, are (except for infrequently used
SI rvlces) furnished by a medical groiip which
n eets the following conditions, or h ; two or
n ore groups each of which meets s' ,ch con-
d tlons —
I A I the group consists of physicians, or of
p lyslcisns and dentists, with or without
o ner professional health personnel, suffi-
c Bit in number and possessing among them
t! le necessary qualifications to .furnish all
c ivered physicians service?" and the dental
s( rvlce (if any) which the Viealth maln-
t( nance organization undertakes to provide
( xcept Infrequently used services); and
(B) the members of the group d) as their
p -inclpal professional activity practice their
p -ofes'^ion as a group responsibility in fur-
n ihlng s°rvices to enrollees of the healtli
n alnteiiance organization, (li) pool their
ii .come from practice as such members
( inless they are compensated by salary or
s ipend paid by the health maintenance orga-
n.zatlon) and distribute It among them-
si Ives In accordance with a prearranged
s: .lary. percentage, or similar plan, and (111)
J( Intiy u.se medical and other records, a sub-
s antial part of their major equipment, and
t le ser-ices of 'professional, technical, and
a imlnistrative staff (including personnel
f irnlshlng supporting services approved
under section 27(b) ) ;
(5) all services, other than physician
siirvlces and dental services, which the orga-
nization undertakes to provide (except in-
f equently used services) are furnished
t; irough its own staff and facilities (or are
f irnished by others under contract, if the
o ganlzatlon retains control of, and full re-
s )onslblllty for. the availability and quality
o' the services); except that institutional
SI Tvlces may be provided through arrange-
n .ents with other participating providers
( ;ither noiiprqfit or for-profit) for the avall-
a jillty of services:
(6) the organization encourages health
elucation of Its enrollees (Including educa-
t on In the appropriate use of health serv-
li esjf and the development and use of pre-
v ;nttve health services, and furnishes and
a rrakiges services and (to the extent practl-
c ib^ ) arranges its system of medical records
1 1 slich tnanner as to facilitate continuity of
c ire. and to the maximum extent feasible
r lakes all ssrvices (including emergency
services at all tunes) readily accessible to
e nrollees who live in its service area;
(7) it makes available to its enrollees and
t D the public full Information about the serv-
i ;es It provides and their availability, and
; nch other informaypn about Its operations
i nd the utilization of services as the Board
1 lay by regulation require:
(8) it provides an opportunity for repre-
! entatives of its enrollees to participate effec-
lively in the formulation of policies of the
< rganization and In the evaluation of Its
c peration. and provides fair and effective
] irocedures for resolving disputes between
( nrollees and the organization or providers
' /ith whom It has contracted or has arrange-
; nents for the furnishing of service;
(9) It provides that a committee or com-
; nittees of physicians ( with other health pro-
: esslonals where aopropriate) associated with
he organization promulgate professional
I tandards. oversee the professional aspects
I if the delivery of care, perform the functions
I if a piiarmacy and drug therapeutics com-
: nittee. ar.d monitor and review the utillza-
ion and quality of all health services (In-
ludlr.g drugs) ;
1 10 1 to the extent practicable and con-
; isieut with good medical practice, it em-
(loys allied health personnel and subpro-
essl«jial a;:d lay persontiel In the furnishing
>f services;
(111 it assumes the financial responsibility,
vithcut benefit of insurance except in ac-
or«iance with section 87(ei. for assuring to
its enrollees the services which It has under-
taken to provide:
( 12) its premiums or other charges for any
services not paid for under this title are
reasonable; and
1 13) it undertakes, to the extent required
by regulations with respect to services of the
kinds it has imdertaken to provide, to ar-
range for reciprocal out-of-area services by
other health maintenance organizations, or
to pay for health services furnished to its en-
rollees by other participating providers, in
emergencies, within or outside the service
area of the organization.
(b) A health maintenance organization, or
with its approval a professional practitioner
who furnishes services on Its behalf, may
furnish services to persons who are not en-
rolled In the organization. Payment for such
services, if they are covered services to eli-
gible persons, shall be made by one of the
methods provided in part E for payment to
independent practitioners, and shall be made
to the organization unless the organization
requests that it be made to the practitioner
who furnishes t!ie services and he is a par-
ticipating provider,
PROFESSION.\L FOUNDATIONS
Sec. 48. (a) A professional foundation is a
qualified provider If —
(1) It Is an organization sponsored by a
county or other local medical society, with a
service area coextensive with the area of its
sponsoring society, which meets the condi-
tions set forth in section 47(a) (relating to
health maintenance organizations) other
than paragraph (4) thereof;
(2) all physician services, and dental serv-
ices if the foundation undertakes to furnish
them, are (except for Infrequently used serv-
ices) furnished by professional members of
the foundation, who are compensated by
whatever method or methods (including fee-
for-servlce) may be agreed upon by the foun-
dation and Its professional members; and
(3) thp foundation permits any physician
(or dentiist. If the foundation undertakes to
furnish, 'dental services) practicing in its
servlce;Tirea, whether or not a member of the
sponsoring society, subject only to criteria
(approved by the Board) of professional
qualifications, to become a professional mem-
ber of the foundation and to furnish serv-
ices on its behalf.
(b) A professional member of a founda-
tion, unless he has agreed otherwise with
the foundation, may furnish services to per-
sons who are not enrolled in the founda-
tion, and payment for the services, if they
are covered services to an eligible person,
shall be made by one of the methods pro-
vided In part E for payment to Independent
practitioners. The payment shall be made to
the professional member if he is a participat-
ing provider, except that if he Is compensated
by the foundation for services to enrollees on
a salary, stipend, or capitation basis the pay-
ment shall be made to the foundation.
OTHER IIE,\LTH SERVICE ORGANIZATIONS
Sec. 49. (a) Pursuant to an agreement with
the Board containing such terms and condi-
tions as the Board deems proper, any of the
following is a qualified provider of such
services as are specified in the agreement —
(1) a public or other nonprofit agency or
organization (Including a hospital) which
furnishes all of the covered services described
in part B. including such supporting services
as the Board may have approved under sec-
tion 27(b), except that it may exclude some
or all institutional services, mental health
services, or dental services if it assures refer-
ral of its patients to providers of such serv-
ices when medically appropriate and main-
tains arrangements with such providers for
the availability of the services to its patients;
(2) a public or other nonprofit center (in-
cluding a satellite center established by a
hospital) which (A) furnishes, as a mlni-
muiQ, the services of two or more physicians
engaged in general or family practice, the
services of nurses and supporting personnel,
and basic laboratory services, which the
Board finds sufficient for the primary medi-
cal care of a substantial population living in
the vicinity of the center, and (B) has ar-
rangements with other providers of services
which the Board finds assure to the popula-
tion served by the center, on a coordinated *
basis, all components of the covered health
services described In part B;
(3) a public or other nonprofit mental
health center or mental health day care
service;
(4) a State or local public health agency
furnishing preventive or diagnostic services,
or a public agency furnishing covered health
services in a primary or secondary school in
accordance with regulations issued under
section 28(b); or
(5) a medical or denial group practice or
clinic, a dental foundation, a center for the
treatment and rehabilitation of alcoholic or
drug addicts, or another organization cr
agency furnishing health services to ambu-
latory patients.
(b) An agreement under this section shall
not. except to the extent that it specifically
so provides, preclude a professional prac;-
tltioner who furni?hes services on behalf of
the provider from furnishing also, either o:i
behalf of the provider or as a participating
Independent practitioner, services which are
of a kind not within the scope of the agree-
ment or are furnished to persons not within
Its scope. Unless the agreement provides that
payment for covered services furnished to
eligible persons shall be made to the provider'
who has entered Into the agreement, pay- ,^
ment shall be ma(je to the practitioner by
one of the methods provided in part E for
payment to Independent practitioners.
OTHER PROVIDERS
Sec. 50. (a) An independent pathology
laboratory (as defined in regulations) is a
qualified provider of diagnostic pathology
services if (whether or not it is engaged in
transactions in Interstate commerce) it
meets the requirements established by or
pursuant to section 353 of the Public Health
Service Act. An independent radiology serv-
ice (as defined in regulations) is a qualified
provider of diagnostic and therapeutic radi-
ology If it meets all applicable requirements
of the law of the State in which the services
are furnished.
(b) A provider of drugs, devices, appli-
ances, or equipment is a qualified provider
if he meets all applicable requirements )Estab-
lished by or pursuant to the Federal Food,
Drug, and Cosmetic Act and all requirements
of the law of the State in which the provider
is situated.
(c) A provider of ambulance or other
covered tran.^portatlon services is a qualified
provider if he meets all applicable require-
ments of the law of the State in which the
services are furnished.
(d) A Christian Science sanatorium Is a
qualified provider of services specified in
regulations prescribed under section 24(a) if
it is operated, or listed and certified, by the
First Church of Christ. Scientist. Boston.
Massachusetts.
UTILIZATION REVIEW
Sec. 51. A utiUzation review plan of a psy- «•
chiatric or other hospital or a skilled nursing
home shall be considered sufficient if it pro-
vides— '
(a) for the periodic review on a sample or
other basis (and the maintenance of ade-
quate records of such re.'iew) of admissions
to the institution, the duration of stays, and
the professional services (including drugs)
furnished, ( 1 ) with respect to the medical
necessity of the services, and (2) for the pur-
pose of oromoiing the most efficient use of
available health facilities and services; and
provides for periodic reports, to the Institu-
Januanj 4, 1973
CONGRESSIONAL RECOR D — SENATE
103
tion and the medical . staff (and, when re-
quested, to the Board ) , of statistical sum-
maries of the review;
(b) in the case of a psychiatric or other
hospital, for such review to be made either
(1) by a staff committee of the hospital
composed of two or more physicians (con-
sulting, with respect to drug utilization, with
the pharmacy and drug therapeutics com-
mittee), with or without participation cf
other professional personnel, or (2) by a
group outside the hospital which is similarly
composed and which, if practicable, Is estab-
lished by the local medical society and
hospitals in the locality, or Is established in
such other manner as may be approved by
the Board; but clause ( 1 ) of this subsection
shall be inapplicable to any hospital where,
- tiecause of its small size or for such other
reason as may be specified in regulations, it
is Impracticable for the hospital to have
a properly functioning staff committee for
the purposes of this section;
(c) in the case of a skilled nursing home,
for such review to be made by a committee,
composed and established as provided In
''subsection (b), or by a committee so com-
posed which is established by the State or
local public health agency pur.suant to a
contract with the Board, or by the Board;
except that if a consolidated budget has been
approved for the nursing home and a
hospital, under section 83(f ) , the review shall
be made by the utilization review committee
f» of the hospital;
(d) for such review, in each case of in-
patient hospital services or skilled nursing
home services furnished to a patient dur-
ing a continuous period of extended dura-
tion, as of such days of such period (which
may differ for different classes of cases) as
may be specified in regulations, with such
review to be made as promptly as possible
after each day so specified, and in no event
later than one week following such djiy; and
(e) for prompt notification to the institu-
tion, the patient, and his attending phy-
sician of any finding ( made after opportunity
for consultation afforded to such attending
physician) by the physician members of such
committee or group tliat any admission, fur-
ther stay, or furnishing of particular services
in the institution is not medically necessary.
TRANSFER AND AFFILIATION AGREEMENTS
Sec. 52. (a) A skilled nursing home is a
qualified provider only if It has in effect
(or there is in effect a finding under sub-
section (c) temporarily dispensing with) a
transfer agreement with at least -one par-
ticipating hospital, providing for the trans-
fer of patients and of medical and other
information between the institutions as
medically appropriate.
(b) After two years following the effective
date of health benefits, a skilled nursing
home or a home health service agency will be
a qualified provider only if It has in effect
(or there is in effect a finding under subsec-
tion (c) temporarily dispensing with) an af-
filiation agreement with a participating hos-
pital' or a participating health maintenance
organization, tinder which the medical staff
of the hospital or organization (or a com-
mittee thereof) will furnish, or will as.sume
responsibility for, the professional services in
the skilled nursing home, or the professional
services iurnished by the home health agen-
cy, as the case may be.
(CI The requirement of a transfer agree-
ment under subsection (a) . or of an affiliation
agreement under subsection (b) . shall not be
applicable in any case if there is in effect a
finding by the Board that the lack of a suit-
able hospital or organization within a reason-
able distance makes such an agreement im-
practicable, and that the services of the
skilled nursing home or the home health
agency are essential to avoid a critical short-
age of services to eligible persons. Such a
finding shall be reviewed periodically, and
shall be revoked whenever the Board finds It
practicable to do so.
NEWLY CONSTRUCTED FACILITIES
Sec. 53. A psychiatric or other hospital or
a skilled nursing home, or ^ provider operat-
ing a facility for ambulatory care, is not a
participating provider If construction or sub-
stantial enlargement of the facility 'whether
or not In replacement of another facility)
was undertaken (as defiueid In regulations)
after December 31 of the year in which this
title Is enacted unless (a) the construction
or enlargement has been found by a State
agency designated by the Governor of the
State for this purpose, or has been found by
the Board, to be needed for the furnishing of
adequate services to persons residing in the
area to be served by the institution, or (b)
In the case of enlargement of an existing fa-
cility, the Board has found, (regardless of the
need for the enlargement) that the 'faollity
is needed for that purpose. (For provision
relating to reduction in payments in certain
cases referred to in clatjse (b), see sec-
tion 89.)
LIMITATION ON MALPRACTICE JUDGMENTS
Sec. 54. In any litigation in any court of
the United States or any State seeking dam-
ages for injury caused by negligence or other
fault in the furnishing of any service covered
by this Act, no damages shall be awarded to
the Injured party for the cost .of remedial
services which he was or Is entitled to receive
under this Act (or which he 'w.'ould have been,
or would be. entitled to receive upon seeking
them from a participating provider).
EXCLUSION: FEDERAL PROVIDES OF SERVICES
Sec 55. No institution of the Department
of Defense, no Institution of the Veterans'
Administration, no institution of the De-
partment of Health, Education, and Welfare
engaged In the provision of services to mer-
chant seamen or to Indians or Alaskan na-
tives, and no employee of any of the fore-
going acting as em.ployee, is a participating
provider. The Board shall, however, reim-
burse the proper appropriation for any cov-
ered services furnished by any such Institu-
tion or employee to an eligible person who
is not, under any Act other than this Act,
eligible to receive the service from 'the in-
stitution or employee. The Board shall also
reimburse the proper appropriation for any
covered services furnished to eligible per-
sons pursuant to section 329 of the Public
Health Service Act, such reimbursement to
be in lieu of payments required by section
329(b) of that Act.
RESTRICTIVE STATE LAWS INOPERATIVE
Sec. 56. (a) In the furnishing of covered
services to eligible persons (an^ law of a
State or political subdivision to the contrary
notwithstanding) — j
(1) A physician, dentlsit, optometrist, or
podiatrist who is legally authorized by a
State to practice his profession and who
meets national standards established by
the Board pursuant to section 42(a) is hereby
authorized to furnish in i any other State,
either as an independent participating pro-
vider or on behalf of an Institutional or other
participating provider, the services which
such other State authorizes to be furnished
by Dractltioners of his profession,
(2) A professional nur.se. or a practitioner
of another health professllon or occupation
designated in regulation^, who meets na-
tional standards establlsljed by the Board
for his profession or occupation is hereby
authorized to furnish in Bnv Stite. on be-
half of participating providers of services,
the services which that State authorizes or
permits to be furnished by practitioners of
his profession or occupatlotn. National- stand-
ards applicable to professi(|inal nursing, or to
any other profession or occupation the prac-
tice of which is subject in all States to li-
censure or similar authorization, ^hall con-
tain a requirement of licensure o^ authorlJ
zatlon by at least one State.
(3) In a participating public or dther non-
profit hospital or a partlclpatiiig health
maintenance organization, a practitioner of
any health profession other than medicine or
dentistry or of any nonprofessional health
occupation who meets national standards
established by the Board for his profession
or occupation, and meets any ftddltlonal
qualifications established by the Board for
the performance of particular acts or proce-
dures, is hereby authorized to perform, under
the supevlslon and responsibility of a physi-
cian or dentist, such of the acts which might
lawfully be performed by the physician or
dentist as are specified in regulations.
(4) A participating public or other non-
profit hospital or a participating health
malntenace organization Is hereby author-
ized (whether or not the arrangement may
be deemed to constitute corporate practice of
a profession) to employ physicians, demists,
or other professional practitioners, or to ob-
tain and compensate their services in any
other manner, and the practitioners are au-
thorized to serve such a hospital or organiza-
tion as employees or in any other manner;
but only if the employment or other arrange-
ment is not of a kind which the Board finds
is likely to cause lay Interference with profes-
sional acts or professional Judgments.
(b) If the Board finds that a proposed cor-
poration will meet the requirements of sec-
tion 47(a) for participation as a health main-
tenance organization, but that It cannot be
Incorporated in the State In which it pro-
poses to furnish services because the State
law requires that a medical society approve
the Incorporation of such an organization, or
requires that physicians constitute all or a
majority of Its governing board, or requires
that all physicians In the locality be per-
mitted to participate in the services of the
organization, or makes any other require-
ments which the Board finds incompatible
with the purposes of this title, the Board may
issue a certificate of incorporation to the or-
ganization, and it shall thereupon become a
body corporate. The powers of the corpora-
tion shall be limited to the furnishing of
services under this title, and the doing of
things reasonably necessary or incident
thereto. So far as the Board finds to be com-
patible with the purposes of this title, the
certificate of incorporation shall accord with,
and the corporation shall be subject to. pro-
visions of the State law which are applicable
to nonprofit corporations generally. The cor-
poration shall not be deemed to be an instru-
mentality of the United States for purposes
of exemption from any Federal or State law.
Part D — Trust Fund.- Allocation of Funds
'■ FOR Services
HEALTH SECURITY TRUST FUND '
Sec. 61. (For the text of section 61, see sec-
tion 406, transferring section 1817 of the So-
cial Security Act to this Act, redesignating it
as section 61 , and amending it. ) \
ANNUAL DETERMINATION OF FUND AVAILABILITY
Sec. 62. (a) For each fiscal year the Beard
shall, not later than March 1 next preceding
the beginning of the fiscal year, fix the maxi-
mum amount which may (except as provided
in subsection (O) be obligated during the
fiscal year for expenditure from the Trust
Fund. The amount so fixed —
( 1 ) shall not exceed 200 per centum of the
expected net receipts during the .fiscal year
(as estimated by the Secretary of the Treas-
ury) from the taxes imposed by sections 1401
(b). 1403, 3101(b), and 3Uli"b) of the In-
ternal Revenue Code of 1954. and
(2) for any fiscal year exceiJt the fiscal year
beginning on the effective date of health
benefits, shall not exceed the aggregate ob'i-
g.itions. as estimated by thfe Board. Incurred
and to be incurred by thCiTrust Fund dur-
ing the fiscal year current at the time when
the determination is made, adjusted to re-
04
CONGRESSIONAL RECORD — SENATE
January i, 1973
lect (A) any estimated change expected in
he prices of goods and services which enter
nto the cost of living, IB) the expected
:hange in the number of eligible persons.
C I any expected change ( to the extent that
he Board finds it not otherwise adequately
eflected ) in the number of participating pro-
essional providers, or m the number or ca-
)acity for the provision of services of institu-
lonal or other participating providers, and
D) any change in the cost of administra-
lon of this Act indicated In the President's
judget estimates pursuant to section 201 (g)»
f the Social Security Act.
I b ) In fixing the amount to be available for
i italigatio'i during a fiscal year, pursuant to
ubsecaon la) —
1 1 ) if ^nd to the extent that (A) the Board
I 'StlmateK that the amount in the Trust Fund
It the beginning of the fiscal year will be less
han on*-quarter of the obligations Incurred
1 ind to be incurred during the fiscal year ctir-
1 ent at tHe time when the determination is
nade. and (B) the Board finds that restrlc-
ion of the amount to be available for obliga-
ion will nor materia) iv Impair the adequacy
r quality of services to eligible persons, the
r.:>unt fixed under subsection (a) shall be
ess than the maximum stated in paragraph.
1 I of that subsection; and
(2) if and to the exteiit that the Board
iliids that impraveme-''t in the organization
d delivery of ser. ices or in the control of
heir utilization has lessened their aggre-
ate cost (or has lessened an Increase In
heir lifigregate cost i . the amount fixed un-
er subsection (at shall be less than the
n.iximum stated in paragraph (2) of that
iibsection.
(c) The amount to be available for obllga-
ion during a fiscal year, fixed pursuant to
ubsectlon (a», may be modified before or
luring the fiscal year if the Secretary of the
Treasury finds that the tax receipts referred
0 in subsection (a)(1) will differ from the
'stlmate by 1 per centum or more, or if the
Soard finds that any of the factors of ex-
)ected change referred to in subsection la)
2 I . or action on the budget estimate for tl>e
ost of administration, will differ from the
%t,imate by 5 per centum or more: or if an
^idemic, disaster, or other occurrence in-
reases the need for health services to an
xtent which the Board finds requires the
jxpendlture of additional funds. If the
imount, fixed pursuant to subsection (a) Is
ncreas^. the Board, through the Secretary,
hall promptly report its action to the Con-
tress with a statement of the reasons there-
or.
lEALTH SERVICES ACCOUr.'T. HEALTH RESOTTHCES
DEVELOPMENT ACCOUNT. ADMINISTRATION AC-
COUNT, AND GENERAL ACCOUNT
Sec 63. (a) There shall be established
n the Trust Fund a health services account,
i, health resources development account, an
idmlnistration account, and a general ac-
count ( consisting of all moneys In the Trust
Pund which have not been transferred to an-
3ther account) .
(b) For each fiscal year there shall from
ime to time be transferred from the gen-
eral account to the health resources develop-
nent account the following percentage of
he amount to be available for obligation
luring that year (as determined pursuant
;o section 62(a) and (b) ) : for the fiscal year
jeglnnlng on the effective date of health
jeneflts, and for the next succeeding fiscal
,-ear. 2 per centum: for each of the next two
ucceedlng fiscal years. 3 per centum; for
?ach"of the next two succeeding fiscal years.
1 per centum: and for each fiscal year there-
ifter, 5 per centum. Funds In the health
■esources development account shall be used
exclusively for the purposes of part F. and
ihall remain available for such uses until
expended
(c» The remainder of the amount to be
ivailable for obligation during a fiscal year,
after deducting the amount of the President's
budget estimates for the cost of administer-
ing this Act, shall from time to time be trans-
ferred from the general account to the health
services account Funds In the health services
account shall be used exclusively for making
payments for covered services in accordance
with part E, and shall remain available for
such payments until expended.
(di As amounts available for a fiscal year
i^T the administraaon of this Act are deter-
mined by the Congress, the amount available
for the administration of the title shall be
transferred from he general account to the
administration account.
(e) From time to time any necessary ad-
justments shall be made in the amounts
transferred to the several accounts, and in al-
locfitions previously made Trom the health
services account.
regional ALLOCATIONS FROM HEALTH SERVICES
ACCOUNT
Sec. 64. la) F< r each fiscal year the Board
shall, not later than March 1 next preceding
the beg. lining of tl-.e fiscal year, make alloca-
tions to the regions of the Department from
the funds to be available for the fiscal year
in the health servicei account. The allocation
lo each region shall be equal to the estimated
aggreg'ate expe.^rtitures In the region for serv-
ices, described In part B as covered, services.
In the mc3t recent twelve-month period for
which reliable data are available, adjusted to
reflect the factors of change referred to in
clauses (A), (B), and (C), of section 62(a)
(2) , and further adjusted in accord?.nce with
-subsectioiio (b) and (c) of this section.
(b) It ihall be the objective of the Board
to reduce gradually, and ultimately to ellml-
late substantially, existing differences among
the regions '~>f the Department in the aver-
age per capita cost to health services, except
as such differences reflect differences In the
orices of goods and servicss which enter into
the cost of living for people in the several
regions. To this end the Board shall modify
t'ae allocatioas for e-.ch fiscal year determined
ur.der subsection (a) in order (1) to reduce,
or to le^se.i any increase in, the cost of cov-
ered services in regions in which the average
per capita cist Is higher (to an extent greater
than the difference in the estimated weighted
average cost of goods and services) than the
national average per capita cost, to sti'ch ex-
tent as the Board finds practicable without
impairing materially the adequacy or quality
cf services to eligible persons, and (2) to
stimulate, to such extent as the Board finds
practicable and desirable, increases in the
availability and iitillzation cf covered services
in regions in which the average per capita
cost Is lower (to an extent greater than the
difference in the estimated weighted average
cost of goods and s?rvices) than the national
average per capita cost. I \ modifying alloca-
tions to the regions, the Board .shall take
account of regional differences in the compo-
sition of pouulations. in the prevalence and
Incidence of morbidity Indicating need for
covered services. In the available and needed
resources in personnel or facilities for provi-
sion of covered services, In the costs of pro-
viding covered services, and in such other
factors as the Board may deem pertinent, to
the extent that such regional differences are
not reflected In allocations under subsection
(a) and have not already been taken Into
account, tinder this subsection, in modifying
these allocations.
(c) The Board shall withhold from alloca-
tion to the regions a reserve for contingen-
cies. In an amount not more than 5 per
centum of the funds to be available for the
fiscal year in the health services account. If
the remaining amount to be available for the
fiscal year In the account is less than the
sum of the regional allocations determined
pursuant to subsections (a) and (b), the
allocations shall be reduced proportionately.
(d) Allocations under this section may be
modified before or during a fiscal year if the
amount to be available for obligation is
modified pursuant to section 62(c). The con-
tingency reserve shall be available to increase
one or more regional allocations, as the Board
may find necessary. From the contingency
reserve, or from additional funds in the gen-
eral account made available for obligation,
one or more allocations may also be in-
creased If an epidemic, disaster, or other
occurrence Increases the need for health serv-
ices to an extent which the Board finds re-
quires the expenditure of additional funds.
DIVISION OF REGIONAL FUNDS BY CLASSES OP
SERVICES
Sec. 65. (a) For each fiscal year the Board
shall, not later than April 1 next preceding
the beginning of the fiscal year, divide the
allocation to each region into fun(is to be
available, respectively, to pay the cost within
the region of the following classes of services:
(1) Institutional services. (2i physicia.i. serv-
ices, (3) dental services. (4) the furnishing
of drugs, (5) the furnishing of devices, ap-
pliances, and equipment, and (6) 'other pro-
fessional and miscellaneous services.
(b) The content, for purposes of the divi-
sion of funds, of each class of services shall
be defined in regulatio.'.s. Within the fuuds
to be available for miscellaneous services, the
regulations shall establish subfunds, respec-
tively, for the making of incentive payments
not otherwise provided for, for supporting
services described in section 27(b), for pay-
ments to optometrists, for payment.s to po-
dlatrl.sts. for payments to independent pa-
thology laboratories, for payments to inde-
pendent radiology services, and for such
other purposes as the Bo.^rd may determine.
(c) The amounts assigiied to the several
funds and sub-funds in each region shall
be determined in accordance with regula-
tions, which shall take into account, in addi-
tion to the factors considered i:i making the
regional allocations, trends in utilization of
the several services and. to the extent the
Board finds it practicable, the creation of
incentives t:i the improved utilization there-
of.
FUNDS FOR HEALTH SERVICE AREAS
Sec. 66. (a) For each fiscal year the Board
shall, not later than April 1 next preceding
the beginning of the fiscal year, allot among
the health service areas established in each
region under section 124(a), each of the
funds established for the region pursuant to
section 65 for a class of services. It an inter-
state health service area lies partly in each
of two or more regions, appropriate allotments
of funds from each region shall be made
to it.
(b) The amount allotted to each health
service area from each regional fund .shall
be equal to the aggregate expenditures in
the area for services of the class for which
the fund Is to be available, as determined
(or If necessary, estimated) by the Board
for such twelve-month period as may be
specified in regulations: modified to take
account of the factors considered in making
regional allocations and in dividing such
allocations by cla.sses of services (including
modifications designed to further the ob-
jective of equalization within each region,
in the manner set forth In section 64(b)
with respect to interregional eqvializatioii).
(c) Payment for services, in accordance
with part E. shall b? made to participating
provi(iers in each health service area by such
officer of the Board a-, it may designate for
the purpose. There shall be established for
each area such accounts as the Board may
find convenient for making payment to pro-
viders of more than one class of services
(such as an account for payment to hos-
pitals, or an account for payment to health
maintenance organizations). In whicii shall
be deposited the appropriate portions of the
funds for the several clas-ses of services to
be furnished by such providers.
January 4, 1973
CONGRESSIONAL RECORD — SENATE
105
MODIFICATION OF FUND ALLOTMENTS
Sec. 67. Before or during a fiscal year the
division of funds by classes cf services pur-
suant to section 65, or the allotment of
funds to health service areas pursuant to
section 66, may be modified if tiie regional
allocations are modined. or if the Board finds
that modification is required by events occur-
ring or Information acquired after the divi-
sion and allotment were made.
Part E — Pavmfnt to Providers of Services
IN General
Sec. 81. Payment shall be made to partici-
pating providers, in accordance with this
part, for covered services furnished to eligible
persons. Payments shall be made from the
amounts allc>cated from the health services
account in the Trust Fund, in accordance
with part D, for the respective areas and
purposes.
METHODS AND AMOUNT OF PAYMENT TO
PROFESSIONAL PRACTITIONERS
Sec. 82. (a) Every independent professional
practitioner shall be entitled, at his election,
to be paid by the fee-for-servlce method.
consisting of the payment of a fee for each
separate covered service
(b) Every physician engaged as on Inde-
pendent practitioner In the general or family
practice of medicine (as determined in ac-
ccrdance with regulations under section
22(b) ) , and every dentist engaged a.; an mde-
pen<:<ent practitioner in the furnishing of
covered dental services, shall be entitled, at
hl3 election, to be paid by the cipltatlon
method if he has filed with the Board an
agreement ( 1 ) to furnish all necessary and
a.jproprlate primary medl~al services ta^ de-
fined in such regulations) or covered dental
ser\'lces, as the case may be. to persons on a
list of persons who have chosen tji receive
all such services from the practitioner. (2)
to maintain arrangements for referral of pa-
tients to specialists. Institutions, and other
providers of covered services, and (3) to
m.Tintain such records and make such re-
po;t? of services furnished as may be re-
quired by regulations for ptirposes of medical
audit. A practitioner electing the capitation
method is entitled lo be paid by the fee-for-
service method fcr services furnished to
eligible persons who are not on hLs list, but
not (except as provided In regulations) for
specialized services furnished to persons who
are on his list.
(ci When the Beard deems It necessary In
order to .assure the availability of services or
for other reasons, the Board ( 1 ) may pay an
Independent practitioner a fuH-tlme or part-
time sripend in lien of or as a supplement
to th(? foje^oing methods of com;;erLsation.
and it may reimburse a practitioner for spe-
cial costs of continuing professional educa-
tion ond of maintaining linkages with other
providers of services (such as costs of com-
munlca;lon and of attendance at nicetln3:3
or consultations), and (2) may pay for spe-
cialized medical services a stated amount per
session or per case or may utilize a combina-
tion of the methods authorized by this
section.
(d) The capitation method of payment
for. a specified kind and scope of covered
services consists of the payment to a pro-
vider of such services, of an annual capita-
tion amount (determined for a health serv-
ice area) for each person who has cho.sen to
receive all such services from the provider.
(e) The amounts allotted for a fiscal year
pursuant to part D for each health service
area for physician services, for dental serv-
ices, for optometrist services, and for podia-
trist services, respectively, shall each be used
(1) to provide for payments for professional
services (made either directly to practi-
tioners dr as reimbursement to hospitals or
other providers for the compensation of
practitioners) to be made by the Board on a
CXIX 8— Part 1
budget or stipend basis or any basis other
than capitation, fee-for-service, or per case,
and (2) from the remainder, to make avail-
able (for each kind of professional services)
an equal per capita amount for each person
resident In the area who Is entitled to such
services. In any area in which the Board-
finds that a stibstantial volume of services
is furnished to nonresidents. It may reduce
the per capita amount to such extent as It
finds necessary to effect an equitable dis-
tribution of funds.
(f) The per capita amount shall constitute
the annual capitation amount for purposes
of payment to any organization, professional
foundation, or other provider furnishing all
covered sen ices (descritjed In part B) of the
kind for which the allotment is available.
Lesser capitation amounts shall be fixed, on
the basis of the relative cost of the services,
for primary medical services, and, as may be
required, for any scope of services (less than
comprehensive) which Is furnished by any
institutional or other provider. If the Board
finds that the population served by a pro-
vider requires on the average, because of age
distribution or other factor, a volume of
services significantly greater or smaller than
the average requirement of the population
of the local health sen'lce nF?'a. the Board
may, after consultation' with' the provider,
make an appropriate p.djustment in the
capitation amount payable to him.
(g) For the compensation of professional
practitioners who are to be paid by the Board
(directly or through a delegation under this
subsection) on a fee-for-servfce or per case
basis, there shall be available—*
(1) the per capita amouttt determined
tinder subsection (ei , multiplied by the num-
ber of residents ot the health service area
for whom no capitation: payment (for serv-
ices of the kind for wh^ch the allotment Is
available) Is to be made under subsection
(f). ,
(2) Increased to refleot any excess result-
ing from a lowering of the per capita amount
undar subsection (e) on account of services
furnished to nonrcslderiits. or from the fix-
ing of lesser capitation ^mounts tinder sub-
section (f) for services l(«s than comprehen-
sive, anf^.
(3) Increased or reduced to reflect adjust-
ments under sub.sectlon <f ) , on the ground of
age distribution or other factor, in capitation
amounts payable to otlier providers.
The amoui!t of pa"men1;s under this subsec-
tion shall be determined In accordance with
relative value scales prescribed by the Board
after consultation with ijepresentatlves of the
respective professiors Ini the region. State, or
area, and in accordance with unit values
prescribed by the Board from time to time.
The Board may, on such terms as It deems
appropriate, delegate to a professional society
or to an agency designated by representatives
of a profession in the region. State, or area
the payment of fees and! per session amounts
under this subsection.
(h) The Board may, j on an experimental
or demonstration basis, tenter Into an agree-
ment with a statewide ;or local professional
society or other organisation representative
of independent professlbnal practitioners to
substitute another metiiod of compensation
for those set forth In ithis section (either
for all such prr.ctitloneirs. for all who have
elected the fee-for-servlce method of pay-
ments, or for all who have elected another
method). If the Board Is satisfied that the
substitute method will not Increase the cost
of services and will not encourage over-
utlllzatioti or underutillzatlon of covered
services. The Board ihall review from time to
time the operation of such an agreement, and
shall, after reasonable notice, terminate It If
the Board finds it to have led to Increased
cost or to overutlllzatlon or underutillzatlon
of covered services.
PAYMENT TO GENERAL HOSPITALS
Sec. 83. (a) A participating hospital (other
than a psychiatric hospital) shall be patd Its
approved operating costs, determined in
accordance with regulations. In the furnish-
ing of covered services to eligible persons, as
such approved costs' for a fiscal year are set
forth in a prospective budget approved by
the Board. Regulations under this section
shall specify the method or methods to be
used, and the Itemi^Kjbe Included, In deter-
mining costs, and shalTprescnbe a nat;onall|y
uniform system of cost accounting.
(b) The costs recognized in each hospital
budget shall 'be those, determined in accord-
ance with subsection (a), to be Incurred In
furnishing the covered services ordinarily
furnised by the hospital to inpatients or out-
patients, and In performing any other fund-'
tlon ordinarily performed by the hospital
and ordinarily financed from payments by or
on behalf of patients (including the clinical
aspects of education or training of profes-
sional or other health personnel ) , except as
the scope of services or of "bther functloijs
may be modified (1) by agreement of the
Board and the hospital, (2) by applicatlqn
of guidelines for the clinical education pr
training of health personnel established pur-
suant to section 131 for the region or Staie
in which the hospital is situated, or (3) l>y
direction of the Board pursuant to«6ectl6n
134. The budget shall recognize any Increase
07 decrease of cost resulting from a modlfici-
, tlon. of the scope of services or of other func-
tions, either by agreement or by direction 0f
the Board. ,
(c) The costs recognized in the budgfet
shall Include the cost of reasoitable compen-
sation to (and other costs Incident to the
services of) pathologists, radiologists, and
other physicians and other professional or
nonprofessional (personnel whose services are
held out as generally available to patients
of the hospital/or to classes of its patients,
whatever the method of compensation of
suc'n physicians and other personnel, and
whether or not they are employees of the
hospital.
(d) The Board shall review, through such
of its officers or employees or throtigh such
Ijoards, and in such manner, as may be pro-
vided in regulations, proposed budgets pre-
pared and submitted to It by hospitals.. and
may provide for participation in such review-
by representatives of the hosplt.ils in the
region or health service area in which the
hospital !s situated. Each officer of the Board
charged with final action on^ hospital budg-
ets shall receive and ccnslder written just!-.,
fications of budget proposals, and may pro-
vide oral hearings thereon.
(e) A hMpltal budget approved under this
section forSi fiscal year may. In such man-
ner as Is provided in regulations, be amended
before, during, or after the fiscal year if
there is a substantial change In any of the
factors relevant to budget approval.
(f) If a hospital (other than a psychiatric
hospital) operates or has an affiliation agree-
ment (described in section 52(b)) with a
participating skilled nursing home, and also
operates or has an agreement with a partici-
pating home health service agency, the Board
may, on request of the institution or insti-
tutions and In accordance with regulations
designed to reflect the cost of a combined
operation, approve a consolidated budget and
make all pavments thereunder to the hospi-
tal.
PAYMENT TO PSYCHIATRIC HOSPFTALS
Sec 84. A participating psychiatric hospi-
tal which Is primarily engaged In furnish-
ing covered services shall be paid in the same
manner as other hospitals. Any other par-
ticipating psychiatric hospital shall be paid
an amount determined In accordance with
regulations for each patient day of covered
services to an eligible person. Such regula-
tions shall take Into account, with respect
I
106
CONGRESSIONAL RECORD — SENATE
January k, 1973
t ) any distinct part of the hospital which
n leets the requirements of section 44, the
f ictors to be considered in the approval of
t le budgets of hospitals other than psychl-
a trie hospitals, but with such adjustments
a 5 are necesary to provide equitable compen-
s itlon to the psychiatric hospital.
'AYMENT TO SKILLED NURSING HOMES AND TO
HOME HEALTH SERVICE AGENCIES
Sec. 85. (a) A participating skilled nursing
i ome or home health service agency shall
t B paid, in the same manner as a hospital
(other than a psychiatric hospital), except
8S provided in subsection ib) of this section,
1 3 approved operating costs in the furnish-
1 ig to eligible persons of skilled nursing home
s jrvlces or home health services, as the case
r lay be.
lb) Regulations under this section shall,
f jr skilled nursing homes and for home
y ealth service agencies, respectively, specify
t le method or methods to be used, and the
1 :ems to be included, in determining costs;
rwy, to the extent the Board deems deslra-
l le, specify nationally uniform systems of
c Dst accounting: and. taking into account
t :ie prevailing practices of such homes or
s uch agencies, may specify services which will
I e recognized in budgets and services which
T 'ill not be so recognized.
PAYMENT FOR DRUGS
Sec. 86. (a) For each drug appearing on
« iiher of the lists established pursuant to
s sction 25. the Board shall from time to time
< etermine a product price or prices which
J hall constitute the maximum to be rec-
c gnized under this title as the cost of the
( rug to a provider thereof. Product prices
s hall be so fixed as to encourage the acqulsl-
1 1on of drugs m substantial ^pntltles, and
< iffering product prices for a single drug
1 lay be established only to reflect regional
< ifferences in cost or other factors npt te-
1 ited to the quantity purchased.
(b) Payment for a drug furnished *y an
1 ndependent pharmacy shall consist of its
< ost to the pharmacy (not In excess Of the
I pplicable product price) plus a dispensing
tie The Board, after coi'.sultatlon with rep-
lesentatlves of the pharmaceutical profes-
: Ion. shsU establish (and from time to time
eview and revise) schedules of dispensing
ees, designed to .■afford reasonable compen-
ation to Independent pharm;icles after tak-
: ng into account variations In their cost of
iperation resulting from regional differences,
lifferences in the volume of drugs dispensed,
inferences in services provided, and other
actors which the Board finds relevant.
•AYMENT TO HEALTH MAINTENANCE ORGANIZA-
TIONS AND EROFESSIONAL FOUNDATIONS
Sec. 87. (a) Payment to a health malnte-
lance organization or to a professional
oundation for covered services to its eligible
jnroUees shall consist of basic capitation
>ayments plus additional payrnents (If any)
letermlned m accordance with subsection
;d).
(b) The basic capitation payment shall
ronsist of a basic capitation amount multi-
jlied by the number of eligible persons en-
■olled in the organization or foundation,
rhe basic capitation amount shall be the
>uru of the appropriate capitation amount or
imounts f&r professional services (deter-
mned under section 82(f) and a capitation
imount fixed by the Board, on the basis of
the average reasonable necessary cost per
jnrollee of the organization or foundation,
for each other service or class of services
which it has undertaken to furnish.
ic) Capitation amounts for Institutional
services shall be based on per diem rates
ilerived from the budijets (approved tmder
this part) of participating institutional pro-
viders or. if the services are furnished
through Institutions operated by the health
m.iintenance organization or professional
foundation (or are furnished by contract
with institutions which are not participat-
ing providers), derived from budgets pre-
pared and approved In like manner as for
participating Institutions. Per diem rates
shall be determined for each fiscal year, and
for that year shall be modified only if the
institutional budgets are amended or If
modification is necessary to avoid substantial
inequities.
( d ) If It appears to the satisfaction of the
Board ( 1 ) that the average utilization of hos-
pital and skilled nursing home services by
eligible persons enrolled In the organization
or foundation (in whatever manner such
services are provided) has, during a fiscal
year, been less than the average utilization
of such services under comparable circum-
stances by comparable population groups
not enrolled either In health maintenance
organizations or in professional foundations,
and (2) that the services provided by the
organization or fotmdatlon have been of high
quality and adequate to the needs of its en-
rollees. the Board shall make an additional
payment to the organization or foundation
equal to 75 per centum of the amount which
the Board finds has been saved by such lesser
utilization of hospital and skilled nursing
home services. The amount of any such addi-
tional payment may be used if^ the organiza-
tion or foundation for any of Its purposes.
Including the application of such amounts
to the cost of services not covered by this
title.
(e) The Board may by regulation provide
to health maintenance organizations and
professional foundations, In consideration of
premiums to be deducted from amounts
otherwise payable to them under this section,
Insurance (1) against the cost, In excess of
an amotmt fixed by the Board (which shall
be not less than $5,000), of services fur-
nished during a calendar year to any one
enroUee, or (2) against some or all of the
cost, for which the organization or founda-
tion is responsible In accordance with sec-
tion 47(a) (13). of services furnished by other
providers to enrollees of the organization or
foundation.
(f) In addition to the payments required
by this section, the Board may pay to a
health maintenance organization the cost of
clinical education or training provided by
the organization (otherwise than in a hos-
pital) which the Board finds to be In ac-
cordance with guidelines established pursu-
ant to section 131 for the region or State In
which the organization Is situated.
PAYMENT TO OTHER PROVIDERS
Sec. 88. (a) An agency, organization, or
other entity with which the Board has en-
tered Into an agreement under section 49(a)
shall be paid by such method (other than
the fee-for-servlce method) as. In accord-
ance with regulations, may be set forth In
the agreement.
(bt An Independent pathology laboratory
or an independent radiology service shall be
paid on the basis of a budget approved by
the Board, or on such other basis as may
be specified In regulations.
(c) Payment for devices, appliances, and
equipment, payment for ambulance or other
covered transportation services, and payment
for the services of a Christian Science sana-
torium shall be made on such basis as may
be specified in regulations.
REDt'CTION IN PAYMENTS ON ACCOUNT OF
UNNECESS.\RY CAPTT.'.L ENPrNDITTTRES
Sec 89. Whenever the Secretary, purstiant
to section 1122 of the Social Security Act
( relating to reduction in Federal reimburse-
ment In cases of unnecessary capital ex-
penditures) Issues a direction to the Board
with respect to any health care facility
owned or operated bv a participating pro-
vider, the Board shall reduce accordingly
amounts otherwise payable tmder this part
to the provider.
METHODS AND TIME OF P.^YMENT
Sec 90. The Board shall pericdlcally deter-
mine the amount which should be paid
under tfcls part to each participating pro-
"ider of services, and the provider shall be
paid, from the health services account In the
Trust Fund, at, such time or times as the
Board finds appropriate i but not less often
than monthly) and prior to audit or settle-
ment by the General Accounting Office, the
amount so determined, with adjustments on
Recount of underpayments or overpayments
previously made (including appropriate ret-
rospective adjustments following amendment
of approved institutional budgets). PavTnent
may be made In advance in such cases and
to such extent as the Board finds necessary
to supply providers with working funds, on
such terms as it finds sufficient to protect
the Interests of the United States.
Part F — Planning; Funds To Improve Serv-
ices AND To Alleviate Short.ages of Fa-
cilities AND Personnel
purpose of part f; availability of funds
Sec. 101. (a) The purpose of this part is —
(1) prior to the effective date of health
security benefits, to Inaugurate a program of
strengthening the Nation's resources of
health personnel and facilities and its system
of delivery of health services, in order to en-
able the providers of health services better
to meet the demands on them when benefits
under this title become available, and to
that end (A) to expand and Intensify the
health planning process throughout the
United States, with primary emphasis on
preparation of the health delivery system to
meet the demands of the health security pro-
gram under this title, and (B) to provide
financial and other assistance (I) In al-
leviating shortages and maldistribution of
health personnel and facilities in order to
Increase the supply of services, and (ii) in
improving the organization of health serv-
ices In order to Increase their accessibility
and effective delivery; and \
(2) after the effective date, to reinforce
the operation of the health secvirlty program
imder this title as a mechanism for the
continuing improvement of the supply and
distribution of health personnel and facili-
ties and the organization of health services.
and to that end. (A) to coordinate the health
planning process throughout the United
States with a view to the continuing devel-
opment of plans for maximizing capabilities
for the effective delivery of covered services,
and (B) to assist in meeting those costs of
Improvement of personnel, facilities, and or-
ganization that are not met either through
the normal operation of the health security
program under this title or from other
sources of public or private assistance.
(b) For the purposes of subsection (a)
(1). there are hereby authorized to be ap-
propriated $200,000,000 for the fiscal year be-
ginning on July 1 of the calendar year in
which this title Is enacted, and ?400.000,-
000 for the next succeeding fiscal vear. Fluids
anoropriated under this subsection shall re-
main available until expended.
(c) For the purposes of subsection (a)(2).
the Board Is atithorlred to make expenditures
from the health resources develooment ac-
count In the Trust Fund, established pur-
suant to section 63.
planning
Sec. 102. (a) In consultation with St-ite
comorehenslve health p'annlnn; aerencies sp-
prnvpd under section 314(a) of the Public
Heilth Service Act. and with regional medi-
cal prcgrams and other health planning
agencies, the Secretarv shall promote and
support, and as necessary shall conduct
within the Department of Health, Education,
and Welfare, a coiiti uncus process of health
service pHnning frr the puroose of improv-
ing the supply and (ilstrlbutlcn of health
personnel and facilities and the organiza-
tion of health services. Except for planning
with respect to the national svipply of profes-
sional, technical, and skilled admlristrative
health personnel, the planning shall proceed
pr'marily on a State-by-State basis but
without excluding more particularized plan-
January I^, 1973
CONGRESSIONAL RECORD — SENATE
107
ning for portions of States, for metropolitan
or interstate areas, or with respect to health
facilities, health manpower development, or
other particular aspects of health care. If a
State comprehensive health planning agency
does not undertake and carry out the respon-
sibility for utilizing and coordinating all
health planning activities within the State
(including coordination with planning for
Interstate areas) , and for coordinating health
planning with planning in related fields, the
Secretary shall assume the responsibility for
coordinating such planning activities with
the States.
(b) Prior to the effective date of health
benefits, the planning process shall give first
consideration to Identification of the most
acute shortages and maldistributions cf
health personnel and facilities nnd the most
serious deficiencies in the org.mization for
delivery of covered services, and to means
for the speedy alleviation of the.se shortcom-
ings. Thereafter, it sliall be directed to the
continuing development of plans for maxi-
mizing capabilities for the effective delivery
of covered services.
(For extension and enlargement of au-
thorization of Federal grants for State and
local comprehensi- e ho.ilt)i pl.iiu i^g, see
seciion 407.)
general policies and priorities
Sec 103. (a) In providing assistance under
this part, the Board shall give priority to Im-
proving and expanding the available re-
sources for. and assuring the accessibility of,
services to ambulatory patients which are
furnished as part of coordinated systems of
comprehensive care. To this end the Board
shall encourage and assist ( 1 ) the de-elop-
ment or expansion of health maintenance or-
ganizations meeting the requirements of
section 47(a). (2) the development cr expan-
sion of agencies, organizations and centers
descriijed In section 49(a) ( 1 ) or (2) to fur-
nish services to persons in urban or rural
areas who lack ready access to such services.
(3) the recruitm.ent and training of profes-
sional personnel to staff such organization^,
agencies, and cenier.s. (4) the recruitment
and training of subprefcssional and nonpro-
fes,sional personnel (including tha develop-
ment and testing of new kinds of health
personnel) to assist in the furnishing of such
services, to engage in education for personal
health maintenance, and to furni-sh liaison
between such organizations, agencies, or cen-
ters and the people they .serve. (5) the
strengthening of coordination and linkages
among institutional services (including link-
ages with educational institutions), among
noninstltutional services, and between serv-
ices of the two kinds, in order to improve
the continuity of care and the assurance that
patients will be referred to such services ai|
at such times as may be medically appropr
ate. 1 6) the strengthening of coordinatlc,
and cooperation between hospital medic£
staffs and hospital administrators, and i7)
the inclusion of dental services in svstems of
comprehensive health care.
(b) In administering financial assistance
under this part the Board shall be guided
so far fes possible by findings and recom-
mendafions of appropriate health plannUig
agencits.
(c) Funds available to carry out this part
shall hot be used to replace other Federal
financial assistance, or to supplement the
appropriations for such other assistance ex-
cept t<i meet specific needs of the health se-
curity brogram under this title (such as the
training; of physicians or medical students
for the^eneral or family practice of medi-
cine). lA administering other programs of
Federal financial assistance the Secretary and
other officftxs of the executive branch, on
recommendation of the Board, shall to the
extent possible utilize those programs to
further the objectives of this part. To this
ena the Board, on such terms as It finds ap-
propriate, may lend to an applicant or grantee
not more than 90 per centum of the non-
Federal funds required as a condition of
assistance under any such program, and may
pay all or part of the interest in excesrfcf 3
per centum per annum on any loan made,
guaranteed, or insured under any such pro-
gram.
organizations for the care of ambulatory
patients
Sec. 104. (a) The Board Is authorized to
assist. In accordance with this section, the
establishment, expansion, and operation of
(1) he-ilth maintenance organizations which
meet or will meet the requirements of sec-
tion 47(a). (2) public or other nonprofit
agencies, organizations, and centers de.scrlbed
l:i section 49(a) (1) and (2). and (3) non-
profit organizations furinishlng comprehen-
sive dental .services, which meet requirements
set forth in regulations of the Board.
(b) The Board Is authorized to make grants
(1) ta any public cr nonprofit agency or
organization (whether o)r not it is ^provider
of health services), for not more than 90 per
centum of the cost (e.xcludlng cosfs of con-
struction) of planning, developing, and es-
tablishing an organization or agency de-
scribed in subsection (a) of this section;
or (2 1 to an existing organization or agency
described in subsection (a) . for not more than
80 per centum of the cpst (exi^ludlng costs
of construction) of planjiing and developing
an enlargement of the scope of Its services
or an expansion of itsiresouAes to enable
It to serve more e-.rollees or a larger clien-
tele. In addition to grajitg under t^ls sub-
section, or in lieu of such grants, the Board
is authorized to provide technical assistance
for the foregoing purposes.
(c) The Board Is authorized to make leans
to organizations and agencies described in
subsection (a) of this pectlon to assist in
meeting the cost of crnetructlng (or other-
wise acquiring, or improving or equipping)
facilities which the Board finds will be es.sen-
tlal to the effective and economical delivery,
or to the ready accessibility, of covered serv-
ices to eligible persons. 'No loan to a newly
established agency or organization shall ex-
ceed 90 per centum and no loan to any
other agency or organization shall exceed 80
per centum of such cost, or of the non-Fed-
eral share if other Federal financh^l assistance
in meeting such cost is available.
(d) The Board Is authorized to contract
with an organization or agency which is de-
scribed in subsection (a) of this section and
which has been either a4wly established or
substantially enlarged, ■io nay all of a part
of any operating deficitST^r not more than
five years in the case of an organization de-
scribed in stibsection (a) (1), and until not
later than the effective date of health .secu-
rity benefits in the case of an agency or orga-
nization described In subsectirn (a) (2) or
(a) (3). Any such contract shall condition;
payments upon the contractor's making all
reasonable effort to avoid or minimize op-
erating deficits and (if such deficits exist)
making reasonable progress toward becom-
ing self-supporting.
recruitment, education, and training
OF PERSOfJNEL
Sec 105. (a) In consi.iltation with State-,
comprehensive health plann'ng agencies, and
with regional medical programs, the Board
shall promptly establish (and from time to
time review) schedules of priority for the
recruitment, education, and training of per-
sonnel to meet the most urgent needs of the
health security program. The schedules may
differ for different parts of the United States.
(b) The Board Is aujthorized to provide.
to physicians and medical students, training
for the general or family practice of medicine
and training In any other medical specialty
In which the Board finds that there is, for
the purposes of this title, a critical shortage
of qualified practitioners.
(c) The Board shall provide education or
training for those classes of health personnel
(professional, subprofesslonal. or nonprofes-
sional) for whom It finds the greatest need.
If other Federal financial assistance Is not
avallible for such education or training: and
if other assistance is available but the Board
deems it Inadequate to meet the increased
need attributable to the health security pro-
gram. It may, with the approval of the Secre-
tary, provide such education or training
pending action by the Congress en a recona-
mendatlon promptly made by the Secretary
to Increase the authorization of apprcpria- ,
tlons (or, if the authorization is deemed ade-
quate, to Increase the appropriations) for
such other assistance.
(di The training of personupl auti-.orlzEd
by this section Includes the development of
new kinds of healtii personnel to assist In the
furnishing of comprehensive health services,
and also Includes the training of persons to
provide education for personal health malii-
tenance, to provide liaison between the resi-
dents cf an area and health organizations
and personnel serving them, and to act as
co'^sumer representatives and as members of
advisory bodies l!i relation to the operation
of this title in the areas In which they reside.
The Board may make grants to public or
other nonprofit health ag^encies. institutions,
or organizations ( 1 ) to pay a part of al! of
the cost of testing the utility of new kinds
of health personnel, and (2i until the effec-
tive date of health security benefits, to pay
a part of the cost of* employl.Tg persons
trained under this siibsectloii who cannot
otherwise readily find employment utilizing
the skills imparted by such training.
(e) Education and training under this sec-
tion shall be provid.'^d by the Board through
contracts with appropriate educatiot.al in-
stitutions or such other lnstltutlo.;s. agc.i-
cles. or organizations as it firds qualifi?d for
this purpose. The Board may provide directly.
or through the contractor, for the pryment
of stipends to students or traine-.'s l:i
amounts not exceeding the stipends payable
under comparable Federal education cr «
training programs.
(f) The Board shall undertaTce to rerrvW
and train professional practitioners who Willi
agree to practice. In urban cr rural ar?as of
acute shortage. In health maintenance or-
ganizations or in agencies, organizations, or
centers referred to in sect ion 49 1 a-> ( 1 ) or
(2). A practitioner who aerees to engage tn
such practice for at least fi>e years and who
enters upon practice in the area before the
effective date of healili benefits may until
that date be paid a stipend to supplement
his professional earnings, and in an appro-
priate case tie Board may make a con mit-
meiit to compensate the practitioner after
that date in accordance w-lth section 82(c).
(g) The Board shall undertake to recruit
physicians to serve hospitals as tiicir medical
directors and to train such p!v sicians
(among othor matters) In advising on and
managing the development and implemen-
tation of medical policies and procedures and
ihelr coordination with planning and opera-
tional functions of the hospital, with Us
financing, a. id with its program of -.uiliza-
tlon review.
(h) In administering this section the
Board .shall seek to encourage the: education
and training, for the health profetesions anid
other health occupations, of persons di.'ad*
vantaged by poverty, iiiadequa-.e education
or membership in ethnic minoritl?s. To this
end the Board may. through contracts m
accordance with subsection (e). provide to
such persons remedial or supple.v.entary edu«
cation preparatory to or concurn.-nt with
education or training for the health profes-
sions or occupations, and may (directly or
through such contracts) provide to such per-
sons stipends adequate to enable them to
avail themselves of such edtica'"o'j OT
training.
08
CONGRESSIONAL RECORD — SENATE
January ^, 1973
(i) Training which the Board Is author-
zed by this section to provide shall Include
etralKlng, either to refresh and enhance
kUIs of trainees for positions they already
lold or to equip them for positions of greater
espDnsibllity.
' SPECIAL IMPROVEMENT GRANTS
Sec' 106. (a) The Board Is authorized to
r.ake grants to public or other nonprofit
lealth agencies. Institutions, and organl-
ations To piy part or all of the cost of
stabllshing Improved coordination and
inkages among institutional services (In-
luding linkages with educational instltu-
ion.s I , among nonlnstltvUional services, and
le'ween services of the two kinds.
.hi The Hoard Is authorized to make
r.Tnts to organizations, agencies, and cen-
er.s described In section 104ia) to pay part
all cf the cost of installation of improved
itilizatlon review, budget, statistical, or
erords and information retrieval systems,
p.c'.uding the acquisltio-.i of equipment
here^'~r. or to pay part or all of the cost
f acquisition and Installation of diag-
ostlc or therapeutic equipment.
FST OF PERSONAL C.\RE SERVICES IM LIEU OF
INSTITtrTIONAL CARE
Sec. 107. (at The Board is authorized to
I iiake gr.mts to pay part or all of the cost
including start-up costs) of conducting
' ests and demonstrations of the feasibility
maintaining in their own homes, by
! '.euis of comprehensive health and personal
are ser*. 'ces. persons who. by reason of dls-
: bill;y or other health-related causes, would
II the absence of such assistance require
i ipatlen* institutional services or might be
txpoctsd 'o require stich institutional serv-
er In '^e near future. Grants under this
:^ction may he made to participating public
o;her nonprofit hospitals or health main-
• ?nr.nce orj-anizations. or to other public or
' o.i profit aeei-|C!e> or crganizntions which
- B 'cr.1 fi'iqs qualified to conduct such
t[!-t= and demgnstratlons. Each project shall
1 e deripned to <erve a substantial popula.
I ion. defined in the grant, In either an
rlj.i-i rr a rural community.
fbi The services to be provided shall in-
dlude, in addition to all c.->vered health serv-
1 -es (Other than Inpatient institutional
leer I de.^cribed in part B (which mav be
1 rovided by arrangement with participating
{jro-. iders I . services which the Board deems
eressary or approp^ftte ^to enable persons.
f 3und eligible for thewrVlces in accordance
'. ith subsection (c. to continue to live in
t r:e:r own homes or other noninstltutional
lace, of rcldence. The personal care serv-
1 tes- may include homemaker services, home
ifiaintenance. laundry services, meals-on-
l-.eels and ether nutrition services, assiit-
.-ir-e with tr.nisportation and shopping, and
s.ich otjicr .services as may be appropriate
1 particular cases. The Board may prescrlt«
ifercnt ranges of services In different
lJro;e;?s.
;r. For fih r-r- jC-ct ths Board j,hall pre-
Tiie rriteria (consistent with subsection
.• ' for the app.-o.ai or aoj.:icatio. s for
distance, rrrt such cr"eria in^iy ..'e rii^^er-
J-.i i I citere^it grants. Ea'-h praiu shull re-
f uirr the rrintee to cstp.biish. or arrange
f )r t^.o services of. a committee to screen
a:p:ications for asoistance under the proj-
e t. ; . accoro'ai^ce with the applicable crl-
t ;rli a' d no assl.^^ta-.re shall he given until
ail a-jplir.'iM.n has been approved by the
f jmrnittee The committee shall also n-.ain-
t lin n constant review of utilization of the
.services provic'ed by the project, and asslst-
e *-> a\v person shall be terml-'atecl
hei^e-.cr the committee finds that 1 e ro
I* .j-er n-ceis the anpl* -.-".ble criteria. The
rp.-.iro';lt{o., of the committee shall be sub-
i tj approv-l by the Boarcf., ard it shall
ilcluc'e at least o e physlTian, ot^e profes-
s oial uurse. one professional social w.orlrer.
V e reorese tatlve of the users of the serv-
ices, and such other qualified persons as the
Board may prescrl>ie.
(d) Each grant shall reaulre the grantee
to establish procedures for the evaluation
of the project, with respect both to the bene-
fits accruing to per-.ons receiving assistance
aiid to the fiscal Impact of the project on the
health security system. The Board shall also
make Its own evaluation of each project, and
shall include a sum.mary thereof in its an-
t uai report to the Congress.
le) If the Board deems it feasible on the
basis of its evaluation of these projects and
any other relevant Information relating to
needs for long term care, recommendations
shall be made to Congress for expansion of
covered services to include personal care
services in lieu of Institutional care and
shall be tccompanied by recommendations
with respect to expansion of covered services
for long term institutional care.
LOANS UNDER PART F
Sec. 10-9. (3) i-oans authori..^ed under this
part shall be repayable in not more than
twenty years, shall bear interest at the rate
of 3 per centum per annum, and (subject
to the provioio'is of subsection (b)) shall
be made on such other terms and conditions
as the Board deems appropriate. Amounts
paid as interest on any such loan or as re-
paymei.t of principal shall, If the loan was
made ircm funds appropriated pursuant to
section 101(b). be covered into the Treas-
ury as miscella'.eous receipts, ax.d if the
loan was made from fur.ds in the health
resources development account, be deposited
in the Trust Fund to the credit of thai ac-
count.
'b| No loan for the constructloi! or Im-
prj. emejit of a facility shall be made under
this part tuiless the borrower undertakes
that all laborers and mechanics employed
'.jy contractors or subcontractors in the per-
C'jrmaiice of construction or iinpro.ement
o 1 the project will be paid wages not less
tha . those prevailing on similar work in the
!^fality as determined by the Secretary of
La.oor in accordance witli the Dai is-Bacbn
Act (40 U.S.C. 27'5a— 276a-5). The Secretary
of Labor shall ha"e with res: e:-t to the labor
stai-dards specified in this subsection the
3tUhority and functions set forth in Re-
j^auization Plan Numbered 14 of 1950 (15
F.R. 3176: 5 use. Appendix 133Z-15) and
scrtio 1 2 of the Art of Jure 13, 1934 (40
Urc.276c).
,RSI.AIIONS OF PAiirS E AND F
3e<:. ]0L\ Payments by the Board under
this p.irt pursuant to any grant or loan to.
or &uy .ij.itract with, a participating p/6vider
of ser-'i.-es shall be made ia additionj^o. atid
r.rt i.i substitution for, payments^o which
the provider is e;. titled iMider part E.
I Part G — Administration
ESTABLISH MEN f C? THE HEALTH SSCW^t-^
BOARD
S£C. 121. (a I There is hereby establlsUsKl
in the Department of Health, Education, and
Welfare a Health Security Board to be com-
posed of five i!:enibers to be appointed by the
Prefjttlent. by and with the advice and con-
sent of ths Senate. During his term of mem-
bership Oin the Board, no member shall en-
gage .n any other business, vocation, or em-
ployment. Not more than three nacaiberi of
tl-.e Board shai. '.je members of the same
political party.
(b) Each member of the Board shall ^-old
orfice for a term p{ five years, except that
( 1 1 a member appointed to fill a vacancy
occurring during the term for which his
prede';eiSor was appointed shall be appointed
for tte remainder of that term, and (2) the
terms cf office of t'^.e members first appointed
shall expire, as designated by the President
at the tiaae of their appointment, at the
end of one. two. three, four, and five years,
respectively, after the date of enactment of
this Act A member who has served for two
consecutive five-year terms shall not be eli-
gible for reappointment until two years after
he has ceased to serve.
(c) Tlie President shall designate one of
the members of the Board to serve, at the
will of the President, as Chairman of the
Board.
DUTIES OF THE SECRETARIES AND THE BOARD
Sec. 122. (ai The Secretary of Health. Edu-
cation, and Welfare, and the Board under the
supervision and direction of the Secretary,
shall perform the duties imposed upon them,
respectively, by this title. Regulations au-
thorize^-by this title shall be issued by the
Board/with the approval of tbe Secretary, in
acccrdJjnce with the provisions of section 553
of iltleis. United States Code (relating to the
publication of. and opportunity to comment
on. proposed regtilations) .
( b I The Board shall have the duty of con-
tinuous study of the operation of this Act
and of the most effective methods of provid-
ing comprehensive personal health services
to all persons within the United States and
to United States citizens elsewhere, and of
making, with the approval of the Secretary,
recommendations on legislation and matters
of administrative policy with respect thereto.
The Board shall make, through the Secretary,
an annual report to tlie Congress on the ad-
ministration of the functions with which it
Is charged. The report shall Include, for pe-
riods prior to the effectve date of health
benefits, an evaluation by the Board of
progress in preparing for the initiation of
benefits under this title, and for periods
thereafter, an evaluation of the operation of
the title, of t'',e adequacy and quality of
services furnished under it, of the adequacy
of compensation to providers of services, and
of the costs of the services and the effective-
ness of mea.sures to restrain the costs.
(c) The Board shall from time to time
conduct studies of the adequacy and equity
of the financing of the national system of
health security established by this Act and
shall, with the approval of the Secretary, re-
port its findings to the Congress, together
with any recomme.idations for amendment
of this Act or of the provisions of the Inter-
nal Revenue Code of 1954 pertaining to such
financing. The fir^t report under this sub-
section shall be submitted not later than two
years after the effective date of health ben-
efits, and thereafter reports shall be stib-
mitted at intervals not greater than four
years.
(d) In performing his functions with
• respect to the Commission on the Quality of
Health Care, and his functions with respect
to health manpower education and training,
health research, environmental health, dis-
ability insurance, vocational rehabilitation,
the regulation of food and drugs, and all
other matters pertaining to health, as well
as ia supervising and directing the adminis-
tration of this title by the Board, the Secre-
tary shall dire.,t all activities of the Depart-
ment toward mutually complementary con-
tributions CO the health of the people. He
shall include in his annual report to the
Congress a report on his discharge of this re-
.sponsibillty.
(e) The Secretary shall make available to
the Board all information available to him.
from sources within the Department or from
other s.jurces. pertaining to the functions of
the Board.
(f ) The Civil Service Commission, in con-
sultation with the Board, shall to the great-
est extetit practicable facilitate recruitment.
for employment by the Board in the com-
petitive service, of qualified persons experi-
enced in the administration or operation of
private healtff insurance and health pre-
payment plans, or experienced in other fields
pertinent to the administration of this title.
(g) The Secretary is authorized to estab-
lish and fix the compensation for. within the
Board, not more than fifty positions in the
JamiariJ^^19?3
CONGRESSIONAL RECORD — SENATE
109
professional, scientific, and executive serv-
ice, each such position being established to
effectuate those research and development
activities of the Board which require the
services of specially qualified scientific, pro-
fessional, and administrative personnel. The
rates of compensation for positions estab-
lished pursuant to the provisions of this sub-
jection shall not be less than the minimum
rate of grad? 16 of the General Schedule of
the Classification Act of 1940, as amended,
nor more than the highest rate of grade If.
(jf the General Schedule of such Act, and
fsuch rales of compensation for all positions
Included in this proviso shall be subject to
the approval of the Civil Service Commis-
sion. Positions created pursuant to this sub-
section shall be included in the classified
civil service of the United States, but ap-
pointments to such positions shall be made
without competitive examination upon ap-
proval cf the proposed appointee's qualifica-
tions by the Civil Service Commission or
such officers or agents us it may designate for
this purpose.
EXECUTIVE director; DELEGATION OF
^ AUTHORITY
Sec. 123. (a) There is hereby established
the position of Executive Director of the
Health Security Board. The Executive Di-
rector shall be appointed by the Board with
the approval of the Secretary, and shall serve
as secretary to the Board and perform such
duties in the administration of this title as
the Board may assign to him.
(b) The Board is authorized to delegate
to the Executive Director or to atiy other
officer or employee of the Board or. with
the approval of the Secretary (and subject
to reimbursement of identifiable costs), to
any other officer or emrloyee of the Depart-
ment, any of its functions or duties under
this title other than ( 1 1 the issuance of regu-
lations, or (2) the determination of the
availability of funds and their allocation,
under sections 62. 63. and 64.
REGIONS AND HEALTH SERVICE AREAS
Sec. 124. (a) This title shall be admini-
stered by the Board throuph the regions of
the Department (as they may be established
from tinie to time) and, within each region.
tiirough such health service areas as the
Board may establish. Each health service
area shall consist of a State or a part of a
State, except as the Board finds that pat-
terns of the organization of health services
and of the flow of patients make an inter-
state area a more practical uiOT of admin-
istration.
(b) The Board shall establish in each local
health service area a local health security
office and such branch offices as the Board
may find necessary. The local offices and
branch offices, in addition to such informa-
tional and other administrative duties as
the Board may assign them, shall have the
function of receiving and investigating com-
plaints by eligible persons and by providers
of services concerning the adminlsfatlon of
this title and of taking or recommending
appropriate corrective action.
NAIIONAL HEALTH SECURITY ADVISORY-
COUNCIL
Sec. 125. (a) There Is hereby established
a National Health Security Advisory Coun-
cil, which shall consist of the Chairman of
the Board, who shall serve as Chairman of
the Council, and twenty members, not other-
wise In the employ of the United States,
appointed by the Secretary on recommen-
dation of the Board, without regard to the
provisions of title 5, United States Code,
governing appointments In the competitive
sen-ice. The appointed members shall in-
clude persons who are representative of pro-
viders of health services, and of persons
(who shall constitute a majority of the Cotm-
cll) who are representative of consumers
of such services. Each appointed member
except that ( 1 ) any mem^ber appointed to fill
a vacancy occurring dtiring the term for
which his predecessor was appointed shall
be appointed for the remturider of that term,
and (2) the terjns of 'the member.^ first
taking office shall expiry, as .designated by
the Secretary at the time of appointment,
five at the end of the first year, five at the
end of the secoric; year, five at the e..d of
the third year, and five at the end of tlie
fourth year after the dajte of enactment of
this Act. Members of tl.e Coui ell who are
representative of provld?rs of health care
shall be persons who are cutstandlnp In fields
related to medical, hospital, or other her.lth
activities, or who are representative of or-
ganizations or associations of professional
health personnel: members who are repre-
sentative of consimiers of such care shall he
persons, not engr.ged in ahd havin,- no finan-
cial interest in the furnishing of health serv-
ices, who are familiar kith the needs of
various se-ments of the Jpopulation for per-
sonal health .services an^ are experienced in
dealing with problems ^r'^oclated with the
furnishing of such servicejs.
(b) The Adlvsory Couiicll Is authorized ts
appoint such professionafl or technical com-
mittees, from Its o'.vn members or from oth-
er persons or both, as ma;- be useful in carry-
i;ig out its functions. Th; Council, Its mem-
ber.;, and Its committees shall \3€ provided
with such secretarial, clerical, or other as-
nonprofessional personnel, and represei.t-
atlves of consum°rs shall be so selected as to
represent the major segments of the popula-
tion to be served. Each council shall meet as
often as its members may decide, but In no
event less than four times each year. It shall
be liie function oi" each such council lo ad-
vise the regional ur 1 cal representative of
the Board, as the case may be, on all mat-
ters directly relatl-ig to tha administration
of this t.tle ii the region or area, including
methods and procedures followed in the
handling of complaints.
(b) Tlie prpvisions of sectirn 125id> shall
be applicable to the members of councils
appointed under Uiis section.
PROFESSIONAL AND TECHNICAL ADVISORY
COMMrrTEES
Sec. 127. (a) The Board shall appoint such
standing profcisional and technical commit-
tees as it deems necestary to advise u on the
administration of this title with respect to
tne several classes of covered services de-
scribed in part B. Each such commrttee shall
consiit of experts (in such number as the
Board may determine) drawn-from the health
professions, from medical schools or other
health educational institutions. . from pro-
viders of services, or from other sources,
whom the Board deems best qualified to ad-
vise It with respect to the professional and
technical aspects of the furnishing and uitli-
istance as may be authc^rized by the Board zation of. the payment for. and the evalua-
„, ...„ .,.-.. • . tion of. a class of covered services deslgnateG
by the Board, and with respect to the rela-
tionship of that class of services to other
covered services.
(bi The Board Is authorized to appoint
such experts and consultants (employed in
accordance with section 3109 of title 5. United
States Code) . and to appoint such temporary
professional and technical committees, as it
tion of this title, in the f(irmulation of regu- deems i^ecessary to advise It on special prob-
latlons. and In the pelrformance of the '^ms not encompassed In the assignments of
for carrying out their respective functions
The Council shall meet ms frequentlv as the
Board deem.5 necessary, jbut not less than
four tlm.es each year. UpSn request by seven
or m re members it shall, be the duty of the
Chairman to call a meeting of the Council.
(C) It shall be the fdnctlon of the Ad-
visory Council (1 ) to a(^lvse the Board on
matters of general pollcyiln the admlnistra-
Board's functions under part D. and (2) to
study the operation of [this title and the
utilization cf health ser\'{ices under It. with
a view to lecomni'jnding ^ny changes In the
administration of the titl^ or In Its provisions
which may appear desii^^ble. The Council
standing comrtiittees appointed under sui>»
section (a), or to supplement the advice of
standing committees.
(c) In connection with Its duties under
.section 122(c). the Board is authorized to
appoint such standing or temporarv com-
shall make an annual report to the Board "I'^'^ees of fiscal, actuarial, and other experts
on the performance of Its functions, includ- ^s It deems necessary.
ing any recommendations it may have with
respect thereto, and the Board, through the
Secretary, shall promptly transmit the re-
port to the Congress, together, with a report
by the^ Board on any recommendations of the
Council for administrative action which have
not been followed, and a report by the Sec-
retary of his views with respect to any leg-
islative recommendations of the Council.
(d) Appointed members of the Advisory
Council and members of technical or pro-
fessional committees, while serving on busi-
ness of the Council (Inclusive of traveUime),
shall receive compensatioli at rates fixed by
the Board, but not in excess of the dally
rate paid under GS-18 of the general sched-
ule under .section 5332 pf title 5, United
States Code: and while so serving away from
their homes or regular places of business,
they may be allowed travel expenses, in-
cluding per diem in lieu, of subsistence, as
authorized by section 5703 of title 5, United
States Cede, for persons Iri Govcrnm.ent serv-
ice employed intermittently.
\ REGIONAL AND LOCAL ADVISORY COUNCILS
\sec. 126. I a) The Board shall appoint for
ekch of the regions of the Department and
for each health service area a regional or
local advisory council, consisting of the re-
gional or local representative of the Board
as chairman and iln such numbers as the
Board may determine) representatives of
providers of health services and represent-
atives (who shall constitute a majority of
the members of each council) of consumers
of such service. So far a possible, represent-
(d) Committees appointed under this sec-
tion shall report from time to time to the
Board, and copies of their reports shall be
transmitted by the Board to the National Ad-
visory Council.
(e) The provisions of section 125(d) sliall
be applicable lo experts and consultahts and
to the members of committees appointed un-
der this section.
PARTICIPATION BY STATE AGENCIES
Sec 128. (a) The Board shall (In addition
to the consultation with State planning agen-
cies required by section 102) consult from
time to time wtlh Stat« health agencies or
other appropriate State agencies In prepar-
ing for and in administering health security
benefits, with a view to coordinating the ad-
ministration of this title with State and lo-
cal activities in the fields of environmental
health, licensure and inspection, education
for the health professions and other heaah
careers, and other fields relating to health
Insofar as practicable, the Board shall con-
duct such consultation through the regional
offices of the Department.
(bi The Board shall make an agreement
with any State which Is able and willing to
do so under which the State heatlth agency or
other appropriate State agency wUl be uti-
lized by the Board in determining whether
providers of services meet or conUnue to
meet the qualifications and reqWlrements
established by or pursuant to part C or part
H. Such an agreement shall fix the fre-
quency of Inspection of the several classes of
providers, other than professional practl-
atlves of providers shall be so selected as tloners, and shall esJifltUsh the qualifications
Shall hold office for a term of four years, to represent professional, subprofesslonal, and required of persons'niaSng the Inspectli
ons.
no
fT
CONGRESSIONAL RECORD — SENATE
January 4, 1973
Z eterminatlons by State agencies based upon
Inspections made in' accordance with such
a jreements, and determinations with respect
I > professional practitioners, may be given by
t \e Board the same effect as determinations
I V the Board.
ici An agreement under subsection (,b)
r lav provide that a State agency, either di-
r;ctly or through local public agencies, will
1 ndertake activities, specified In the agree-
rient. directed to the health edticatlon of
t le residents of the State, the maintenance
£ r.d ur.provement of the quality of covered
Jrvlces furnished in the State, the malnte-
_.'ce of effective utilization review, or the
tter coordination of services of different
l^lnds.
(d» The Board shall pay to a State, in
Alvance or otherwise as specified in the
£greement. the reasonable cost of services
i nd activities pursuant to an agreement un-
c er this section; and may pay a part or all
cf the cost of training (or naay train) State
] lersonnel to enable them to meet the quali-
1 icatlons established by the Board for in-
! pectors.
le; In any State which Is unable or un-
1 rilling to make inspections in accordance
.•1th siibsection (b). the Board shall make
■ uch in.spectlons either through Us own
lersonnel or through contract with an or-
! anization or orianlzatiops which it finds
qualified to perform this function.
If I Within ninety days'after the comple-
lon cf an inspection of Spy provider under
i ubsection (b) or subsection le). the Board
I hall make public in readily available place
ind form the findings of such inspection
vhich pertain significantly to compliance
i-ith the (fualificatlons and requirements es-
abllshed by or pursuant to part C or part
i: except that If the State agency or the
Joard, on the basis of such inspection, has
nade a determination respecting compliance .
jy the provider, the publication shall be
jased on such determination.
rECHNIC.1L ASSIST.1NCE TO SKILLED NrRSING
HOMES AND HOME HEALTH SERVICE .AGENCIES
Sec. 129. The Bqi^rd is authorized, either
lirectlv or through agreements with State
igencles under section 128. to provide tech-
nical assistance to skilled nursing homes
md home health service agencies to supple-
ment, in regard to social services, dietetics,
and other matters. tlTe skills of the group
refrered to In sections 45(b) and 46(b).
dissemin.xtion of intohmation; studies and
evaluations; systems development; tests
AND demonstrations
Sec. 130. (a) The Board shall dl.sseminate,
to providers of services and to the public,
information'concerning the provisions of this
title, persons eligible to receive the bene-
fits of the title, and the nature, scope, and
availabilltv of covered services; and to pro-
viders of services, mformatton concerning
the conditions of participation, methods and
amou(its of compensation to providers, and
other matters relating to their participa-
tion With the approval of the Secretary, the
Board mav furnish to all professional prac-
titioners information concerning the safety
and efflcacv of drugs appearing on either of
the Hats established under section 25, the
Indications for their use, and contralndlca-.
tlons.
(b) Tlie Board shall make, on a contlnumg
basis after the effective date of health security
benefits, a studv and evaluation of the opera-
tions of this title in all its aspects. Including
s'tudy and evarftlatlon of the adequacy and
quality of services fiurnished under the title,
analys'ls of the cost of each kind of services,
and evaluation of the effectiveness of meas-
ures to restrain the costs.
(c) The Board is authorized, either directly
or bv contract —
(li to make statistical and other studies,
on a nationwide, regional. State, or local
basis, of any aspect of the operation of this
title, including studies of the effect of the
title upon the health of the people of the
United States and the effect of comprehen-
sive health services upon the health of per-
sons receiving such services;
(2) to develop and test, for use by the
Board, records and information retrieval
systems and budget systems for health serv-
ices administration, and develop and test
model systems for use by providers of serv-
ices;
(3) to develop and test, for use by provid-
ers of seryfices. records and information
of health services, and ecuipmeni (such as
equipment for the monitoring of patients'
functions, or for multiphasic screening) use-
ful In the furnishing of preventive or diag-
nostic services;
(4) to develop. In collaboration with the
pharmaceutical profession, and test im-
proved administrative practices or Improved
methods for the reimbursement of inde-
pendent pharmacies for the cost of furnish-
ing drugs as a covered service; and
(5) to make such other studies as it may
consider necessary or promising for the evalu-
ation, or for the Improvement, of the opera-
tion of this title.
(d) The Board is authorized to develop,
and to test and demonstrate through agree-
ments with providers of sen-ices or other-
wise, methods designed to achieve, through
additional Incentives or in any other man-
ner, improvement In the coordination of
services furnished by providers, improvement
in the adequacy, quality, or accessibility of
services, or decrease in their cost: methods
of peer review and peer control of the utiliza-
tion of drugs, laboratory services, and other
services not subject to utilization review
under section 51; and methods of peer review
of quality. Agreements with providers for
tests or demonstrations may provide for al-
ternative methods of reimbursement In lieu
of methods prescribed by part E. but. in the
case of independent professional practition-
ers, only in accordance v/ith section 82(h).
GUIDELINES FOR HEALTH MANPOWER EDUCATION
AND TRAINING
Sec. 131. The Board shall make a con-
tinuing evaluation of the adequacy of the
various classes of professional and other
health personnel to furnish services under
this title and. after consultation with na-
tional and other organizations concerned
with the education and training of such
personnel, and with the approval of the
Secretary, .shall from time to time issue
guidelines designed to relate the clinical edu-
cation and training conducted by providers
of services more closely to the relative need
for the several classes of such personnel. The
guidelines shall seek to further national
health manpower objectives, but shall be
adapted for each region or State to take
account of the capacity of providers to con-
duct such clinical education or training, and
(to the extent the Board deems appropriate)
to take account of any special manpower
needs within the region or State.
determinations; suspensions of TERMINA-
TION OF participation
Sec. 132. (ai Determinations of entitle-
ment to benefits under this title, determlna-
. tlons of who are participating providers of
services, determinations whether services are
covered services, ftnd determinations of
amounts to be pali by the Board to par-
ticipating providers, shall be made by the
Board in accordance with regtilations. A pro-
vider or other person aggrieved by a deter-
mination under this subsection shall, in such
cases and on such conditions as are specified
In regulations, be entitled to ^p. administra-
tive appeal from It.
(b) If the Board finds that a participating
provider of services no longer meets the
qualifications and requirements established
bv or pursuant to part C and part H for serv-
ices of the kinds furnished by him, or for
some classes of such services, or that he has
intentionally violated the provisions of this
title or of regulations, or that he has failed. .
substantially to carry out the agreement
filed by him pursuant to section 41 (c). the
Board may issue an order suspending or ter-
minating (absolutely or on such conditions
as the Board finds appropriate) the partici-
pation of the provider, or suspending or ter-
minating it with respect to particular classes
of services.
(c) If the Board has reason to believe that
a participating professional practitioner, or
a professional practitioner furnishing covered
services on behalf of an institutional or
other participating provider, has in a sub-
stantial number of cases —
(1) furnlslied professional services, or
caused the furnishing of institutional or
other services, which were not lyiedically
necessary but for which payment was
claimed under this title,
(2) furnished to eligible persons covered
services which were not of a quality meeting
professionally recognized standards of care.
or
(3) neglected to furnish necessary services
to eligible persons who were his patients,
under circumstances such that the neglect
constituted a breach of his profe.ssional obll-
gatlon,
or has reason to believe that a participating
provider other than a professional practi-
tioner has In a substantial number of cases —
(4) furnished services, for which payment
was claimed under this title, known to the
provider not to be medically necessary, or
(5) furnished to eligible persons covered
services which were not of a qu.\lity meeting
professionally recognized standards of care,
the Board shall submit the evidence in Its
possession either to an appropriate profes-
sional organization or to a committee con-
stituted by the Board after consultation with
such an organization (which committee may,
when the Board deems it proper, include
nonprofe-ssional pversons) . The Board shall
request the organization or committee, with
or without further investigation, to recom-
mend what action, if any, should be taken
by the Board. Taking into consideration any
recommendation so made to it. the Board
may issue an order suspending or terminat-
ing (absolutely or on such conditions as the
Board finds appropriate) the participation
of the practitioner or other provider or, in the
case of a practitioner furnishing services on
behalf of another provider, requiring the
other provider, as a condition of continued
participation, to suspend or discontinue (ab-
solutely or on conditions) the furnishing of
covered services by the practitioner.
(d) The Board shall, either in advance or
by way of reimbursement, pay to an organiza-
tion or committee making a recommendation
under subsection (c) Its reasonable cost in-
curred In so doing.
(e) No determination under subsection (a)
that a person, previously determined to be
eligible for benefits, Is not eligible therefor,
and (unless the Board finds that eligible per-
sons are endangered ) no order under subsec-
tion (b) or (c). shall be effective until after
the person or provider has been afforded a
hearing under section 133 or an opportunity
therefor.
hearings: judicial review
Sec. 133. (a) A provider of services or other
person who is dissatisfied with a determina-
tion made or an order issued under section
132 shall, upon request therefor filed in ac-
cordance with regulations, be entitled to a
hearing before a hearing officer or a hearing
panel of the Board. The hearing shall be held
as promptly as possible and at a place con-
venient to the provider or other person re-
questing the hearing. For the purpose of re-
viewing the determinations of hearing officers
or panels, the Board shall establish regional
or other Intermediate appeals tribunals, and
shall by regulation prescribe the jurisdiction
Januarij 4,
1973
CONGRESSIONAL RECORD — SENATE
111
of such tribunal or tribunals. Decisions of
hearing officers or hearing panels shall, sub-
ject to appeals under this subsection, consti-
tute final decisions of the Board.
(b) In any case in which the Board finds
(on the basis of the request for hearing and
ttie records of the Board) that a substantial
Issue of professional practice or conduct, in
a health profession specified for this purpose
in regulations, will be involved in the hear-
ing, the hearing shall be held either before a
person who is qualified in an appropriate
health profession or before a panel which in-
cludes a person or persons so qualified, and
an appeal in such a case shall be heard before
an appellate tribunal (or a panel thereof)
which includes a person or persons so quali-
fied. In any case in which a single person
qualified as a health professional, or a panel
composed entirely of persons so qualified,
conducts a hearing or hears an appeal, the
Board shall assign an attorney to assist in the
conduct of the hearing or the appeal and to
advise upon the decision of issues of law.
(c)(1) Any provider of services or other
persons, after any final decision of the Board
made after a hearing to which he was a party,
irrespective of the amount in j^ntroversy,
may obtain a review of such decision by a
civil action commenced within sixty days
after the mailing to him of notice of such
decision or wthin such further time as the
Board may allow. Such action shall be
brought in the district court of the United
States, for the Judicial district in which the
plaintiff resides or has his principal place of
busine.ss, or. if he does not reside or have his
principal place of business within any such
Judicial district, in the District Court of the
United States for the District of Columbia.
As part of its answer the Qoard shall file a
certified copy of the transcpptj;if the record.
Including the evidence upon which the find-
ings and decisions complained of are based.
(.£ I The Court shall have power to enter,
upon the pleadings and transcript of the
record, a judgment affirming, modifying or
revetting the decision of the Board, with or
without remanding the cause for a rehearing.
The findings of the Board as to any fact, if
supported by .substantial evidence, shall be
conclusive.
(3 1 Where a claim has been denied by the
Board, or a decision is rendered which is ad-
verse to a provider or other person who was
a party to the hearing before the Board, be-
cause of failure of the claimant or such pro-
vider or other person to submit proof in con-
formity with any regulation prescribed by
the Board, the court shall review only the
question of conformity with the regulation
and the validity of the regulation. The court
shall not review a fii:ding by the Board un-
der subsection (b). or a refusal to find, that
a substantial issue of professional practice
or conduct \»ill be involved in a hearing.
(4» The court shall, on motion of the
Board made before it files its answer, re-
mand the case to the Board for further ac-
tion by the Board, and may. at any time on
good cause shown, order additional evidence
to be taken before the Eioard. The Board shall,
after the case is remanded, and after heariiig
such additional evidence If so ordered, modify
or affirm i^s findings of fact or its decision,
or both. &:id shall file with the court any
sucii uaditioiial and modified findings of fact
ar.d decl'^ion F.i;d a transcript of the addi-
tional record and teslimo!iy. Such additional
or m^di.'ied findings of fact and decision
shall be review£\ble only to the same extent
as the original findings of fact and decision.
(5i The judgment of the court shall be
final except that It shall be subject to re-
view i-:i the same manner as judgments in
other civil acticns.
DLtECTIONS BY THE BOARD FOR THE BETTER OR-
GANIZATION AND COORDINATION OF SERVICES
Sec 134. (a) The Board is authorized. In
accordance with this section, to Issue to any
partlcipati^.g provider of services (other than
an Individual professional provider) a direc-
tion that the provider shall —
(1) discontinue (for purposes of payment
under part Ei one or more services which
the provider is currently furnishing;
( 2 ) initiate one or more covered services
which the provider is nolt currently furnish-
ing;
(3) initiate the furnishing of one or more
covered services at a plact where the provider
is not currently furnishing the services; or
(4) enter into arrangements with one or
more other providers of services (A) for the
transfer of patients and medical records as
may be medically appropriate. (B) for mak-
ing available to one provider the professional
and technical skills of another, or (C) for
such other coordination or linkage of covered
services as the Board finds will best serve the
purposes of this title.
A direction under this subsection shall
specify a future date on which, if the direc-
tion has not been complied with, the pro-
vider to whom it is addressed shall cease to
be a participating provider.
(b) If the Board finds (1) that the serv-
ices furnished by a provider of services (other
than an individual professional provider) are
net necessary to the availability of adequate
services under this title and that their con-
tinuance as covered services is unreasonably
costly, or (2) that the services are furnished
inefficiently and at tmreasonable cost, that
eflort at correction has proved unavailing,
and that necessary services can be more ef-
ficiently furnished by other providers, the
Board may issue a direction that on a speci-
fied future date the provider shall cease to be
a participating provider.
(c) No direction shall be Issued under this
section except on the recommendation of, or
after consultation with the State health
planning agency (referred to in section 102
(a) ) of the State in which the direction will
be operative. No direction shall be issued
under subsection (a) ur^'less the Board finds
that it can practicably We carried out by the
provider to whom it is addressed.
(d) (1) No direction shall be issued under
this section until the Board has publislied
notice, in the service area of the provider or
providers affected, describing in general terms
the proposed action, giving a brief statement
of tlie reasons therefor, and inviting written
comment thereon. The notice shall he ptib-
lished in at least one newspaper circulating
in the area, and the Board shall use such
other means as It finds calculated to inform
residents of the area of the proposed action.
(2) If objection to the proposal is made
by any interested provider of services (other
than an individual professional practitioner)
or by an interested health planning agency
or by a substantial number of interested pro-
fessional practitioners or of resideiits of the
area, the Board shall call a ptiblic hearing be-
fore a hearing officer, or hearing panel meet-
ing the requirements of section 133(tai. At
the hearing the Bo;ird shall present evidence
in support of the proposal, and any inter-
ested provide* of services or health planning
agency or any otlier interested person shall
be entitled to participate i^n the hearing and
to present evidence or argtiment or both. On
the basis of evidence presented at the hear-
ing the hearing officer or hearing panel shall
make recommended findings of fact and a
recommended determination either to issue
the proposed direction, to modify and issue
it. or to withdraw the proposal. The final
determination shall be n^ade by the Board or
by a special panel designed by it for the pur-
pose, and shall be subjett to judicial review
ill accordance with section 133 (c ) .
PART H — Quality of C.ire
PL-RPOSE AND CENtR.».L POLICIES
Sec. 141. (a) The Board, with the advise
and assistance of the Commission on the
Quality of Health Care (established by sec-
tion 1201 of the Public Health Service Actl,
shall have the continuing responsibility to
maintain and enhance the quality of health
care furnished under this Act, and to that
end shall —
(1) prior to the effective date of health
benefits, issue regulations authorized by this
part (A) to supplement the qualifications re-
quired by part C of providers of services as a
condition of participation, and (B) to
strengthen existing mechanisms for the con-
trol and enhancement of quality; and
(2) thereaiter, continuously review such
regulations with a view to (A) upgrading
such requirements as rapidly as the Board
fi.nds practicable, and (B) developing recom-
mendations to the Congress for amendments
of this Act designed further to assure and
enhance the quality of care.
(b) In discharging its responsibility under
this part, it shall be the objective of the
Board to require the highest practicable
quality of care that is attainable in substan-
tially all parts of the United States. Excep-
tions to requlremeiits under this part shall
be permitted only when necessan,- to avoid
critical shortages of services, and shall be re-
viewed from time to time and shall be elim-
inated whenever, and as soon as, the Board
finds it practicable to do so.
(c) The Board shall cooperate to the full-
est extent possible for the Commission on
the Quality of Health Care in obtaining re-
ports and information required for the pur-
poses of the Commission, in the development
and issuance of regulations under this part,
and in the development of recommendations
to the Congress. If the Board fails to' adopt,
by regulation issued under this part, a stand-
ard which the Commission has recommended
be so adopted, the matter shall be reported
to the Secretary and. unless he directs the
Board to follow the recommendation of the
Commission, the Board shall publish a state-
ment of the recommendation and of its rea-
sons for failing to adopt the standard.
CONTINUING professional EDUCATION
Sec. 142. (a) Not later than two years
after the effective date of health benefits,
the Board shall by regulation establish for
physicians, dentists, optometrlfets. and podia-
trists such requirements of continuing edu-
cation (taking into consideration standards
approved by appropriate professional organi-
zations) as It finds reasonablle to maintain
and enhance the quality of professional serv-
ices furnished under this Act. :
(b) Regulations under this section shall
require the filing of such jl)erl<»dlc reports as
the Board finds necessary to EiSsure that par-
ticipating practitioners, and practitioners
furnishing services on behalf of participating
institutional and other providers, are in com-
pliance with requirements established un-
der subsection (ai. The Board shall give
warning to any practitioner Whom such re-
ports show to have failed to comply substan-
tially with the requirements, and, before tak-
ing action under section 132(b), shall afford
him an opportunity to explain or correct the
deficiency. !.
MAJOR SURGERV AND OTHER SPECIALIZED
SERVICES
Sec. 143. (a) Major surgery and other spe-
cialized 5)5rvices designated In regulations
are not covered services unless they are fur-
nished by specialists and, to the extent spe-
cified in regulations, are either emergency
services or services furnished on referral by
a physician engaged in general or family
practice (as determined in accordance with
regulations under section 22(b) ).
(b) A physician Is a specialist, for the pur-
poses of subsection (a), only if he holds a
certificate from the appropriate national
specialty board: except that (1) a physician
who possesses the qualifications requisite to
such certification may furnish services as a
specialist during a period of five years after
attaining stich qualifications and (If later)
a period of five years after the effective date
112
Ri:
of
c
In
CONGRESSIONAL RECORD — SENATE
January J/., 1973
of health benefits, and (2) a physician may
be authorized by the Board to furnish serv-
ice s as a specialist if (A) prior to the effec-
tlv s date he has engaged In furnishing such
sei vices as a specialist or as a substantial
pa't of his medical practice, (B) he meets
stfndards established by the Board, and (C)
wt ere appropriate, authorization to him to
f u nish services as a specialist is recommend-
ed by a participating hospital in which he
ha > engaged substantially in furnishing such
sei vices
c) The Board may by regulation exclude
frc m covered services specified surgical pro-
cei lures, when not required by life threaten-
ini or other acute emergencies, which have
no: been preceded by consultation with, and
re( ommendation of surgery by, such appro-
pr ately qualified specialists as may be re-
q\- Ired by the regulations. Hospital and other
sei vices incident to surgery excluded by reg-
uli itions under this subsection are not cov-
en d services.
d) With respect to the performance of
su 'gical procedures specified in regulations
ur der subsection (C). Including emergency
pr >cedures. the Board may require as a Con-
di' ion of payment to the provider that there
be submitted to the Board a pathology re-
po -t on tissue removed and a clinical abstract
or discharge report of the case.
AD IITIONAL REQUIREMENTS FOR PARTICIPATION
Sec. 141. lai No provider on whose behalf
on i or more physicians, dentists, optome-
trl 5ts. or podiatrists furnish professional
sei vices described in section 22 or section 23
or in regulations issued under section 27(a)
(1 or (2) shall be a participating provider
ur less every practitioner furnishing such
se; vices Is a qualified provider in accordance
w; h section 42 and meets such requlre-
mi nts. applicable to practitioners of his pro-
fei sion. as are prescribed by or pursuant to
th s part.
b) The Board may by regulation estab-
lish as conditions of participation by pro-
vl< ers other than Independent professional
pr ictition<;rs. requirements (additional to
th ).se specified in part C and these otherwise
pr ascribed by or pursuant to this part) which
th \ Board finds necessary in the interest of
th ! quality of care and the safety of eligible
pe sons. In establishing requirements under
th s subsection, the Board shall take Into con-
sic eration standards or criteria established
or recommended by appropriate professional
or organization, in advance or otherwise as
sp ■cified In the contract, the reasonable cost
of services and activities of the organization
ur der the contract.
Fl; IDINCS OF COMMISSION ON MEDICAL MAL-
PRACTICE
>Ec. 146. In exercising its authority under
th 3 part the Board shall give consideration
to the findings, report, and recommendations
o£ the Secretary's Commission on Medical
Ml Ipractlce. and within the authority con-
fe: red by this or any other Act shall put Into
efl ?ct such of the recommendations of that
Cc mmisslon and such other measures as in
th f judgment of the Beard will tend to re-
di ce the incidence of malpractice, to lessen
th* cost or increase the availability of mal-
prtctice insurance, or to facilitate the speedy,
equitable, and economical adjudication of
m ilpractice claims.
Part I — Miscellaneous F>rovisions
definitions
5ec 161. When used In this title—
a) The term "State" Includes the District
Columbia, the Commonwealth of Puerto
o. the Virgin Islands, Guam, and Ameri-
Samra
lb) The term "United States'" when used
a geographical sense means the State, as
ned in subsection la).
ic-)The term "Secretary." except when the
context otherwise requires, means the Secre-
ta -y of Health. Education and Welfare.
(d) The term "Department", except when
the context otherwise requires, means the
Department of Health, Education, and Wel-
fare.
(e) The term "Board" means the Health
Security Board established by section 121.
deputy secretary of health, education, and
welfare: under secretary for health and
science -*
Sec. 162. (a) There shall be in the Depart-
ment of Health, Education, and Welfare and
an Under Secreiaiy Secretaries now provided
iur by law, a Deputy Secretary of Health,
Education, and Welfare and an Under Secre-
tary for Health and Science each of whom
shall be appointed by the Ptesident, by and
with the advice and consent of the Senate,
and shall perform such functions (related
to health and science, in the case of such
Under Secretary) as the Secretary may pre-
scribe. The provisions of the second sentence
of section 2 of Reorganization Plan Num-
bered 1 of 1953 shall be applicable to such
Deputy Secretai-y to the same extent as they
are applicable to the Under Secretary of
Health, Education, and Welfare and shall be
applicable to the Under Secretary for Health
and Science to the same extent as they are
applicable to the Assistant Secretaries au-
thorized by that section.
(b)(1) The office of Under Secretary of
Health. Education, and Welfare, created by
section 2 of Reorganization Plan Numbered 1
of 1953 (67 Stat. 631). Is hereby abolished.
( 2 ) The President may authorize the per-
son who immediately prior to the date of
enactment of this Act occupies the office of
Under Secretary of Health. Education, and
Welfare to act as Deputy Secretary of Health,
Education, and Welfare untU that office is
filled by appointment in the manner pro-
vided by subsection (a) of this section. While
so acting, such person shall receive compen-
sation at the rate now or hereafter pro-
vided by law for the Deputy Secretary of
Health, Education, and Welfare.
effective dates of title i: authorization
OF appropriations
Sec. 163. The effective date of health secu-
rity benefits under this title shall be July 1
of the second calendar year after the year in
which this title Is enacted, and no service or
item furnished prior to that date shall con-
stitute a covered service. Section 406. trans-
ferring and amending section 1817 of the So-
cial Security Act and redesignating It as sec-
tion 61 of this Act, shall be effective on the
effective date of health benefits, and part D
( including section 61) shall be effective with
respect to fiscal years beginning on or after
that date. In all other respects this title
shall be effective upon enactment, and ap-
propriations for the purposes of this title ( in-
cluding action pursuant to section 201(g) of
the Social Security Act, as amended by sec-
tion 406 of this Act. to make funds available
on and after the effective date of health
benefits) are authorized to be made prior to
the effective date of health benefits.
existing employer-employee health
benefit plans
Sec. 164. (a) No provision of this Act other
than this section, and no amendment o* the
Internal Revenue Code of 1954 made by this
Act, shall affect or alter any contractual or
other nonstatutory obligation of an employer
to pay for or provide health services to his
present and former employees and their de-
pendents and survivors, or to any of such
persons, or the amount of any obligation for
pajTnent (Including any amount payable by
an employer for insurance premiums or Into
a fund to provide for any such payment to-
ward all or any part of the costs of such
services.
(b) Any contractual or other nonstatutory
obligation of the employer to pay all or part
of the cost of the health services referred to
In subsection (a) shall continue, and shall
apply as an obligation to pay the taxes Im-
posed on his employees by section 3101(b) of
the Internal Revenue Code of 1954 (as
amended by section 201(a) of this Act), but
the sum of the per capita monthly amount
involved in the payment of such taxes by
the employer on behalf of his employees, and
the per capita amount of the liability for
taxes imposed on an employer by section
3111(b) of such Code (as amended by section
201(b) of this Act) shall not exceed the per
capita monthly amount of the cost to the
employer of providing or paying for health
services (either through Insurance premiums
or Into a fund) on behalf of persons referred
to in subsection (a), for the month prior to
the effective date of health security taxes ( as
defined in section 3121 (u) of such Code,
added by section 201 (c) of this Act).
(c) At least fcr the duration of any con-
tractual or other nonstatutory obligation of
an employer referred to in subsection (a)
an employer shall arrange to pay to eligible
employees, former employees, and survivors
subsection (a) auch amounts of money by
which the. per capita monthly costs tc the
employer of providing or paying for health
services referred to in subsection (a) in the
month Immediately preceding the effective
date of health secvirlty taxes, exceed th-? sum
of the per capl'a monthly costs to the em-
ployer of the taxes impeded by section 3111
(b) of such Code (as amended by section
201(b) of this Act), the employer's liability
referred to in subsection (b) of this section,
and any other employer contributions for
health Insurance premiums or health benefits
or services provided by the employer after the
effective date of health security benefits. By
agreement between the employer and his em-
ployees or their representatives, an employer
may provide other benefits of an equivalent
monetary value in lieu of such p:)yments.
(d) For purposes of subsections (b) and
(c). the per capita amounts and per capita
costs for an employer shall be determined
by dividing the aggregate amounts and the
aggregate costs by the number of eligible
employees, former employees, and survivors
on the date as of which the determination
is made.
TITLE II— HEALTH SECURITY TAXES
Part A — Payroll Taxes
RAfES and coverage
Sec. 201. (a) Section 3101(b) of the In-
ternal Rev'3nue Code of 1954 (Imposing a
hospital insurance tax en employees) is
amended to read as follows:
"(b) Health Se urity. — In addition to
the tax imposed by the preceding^^^ectlon,
there is hereby imposed on the jflHrie of ev-
ery individual a tax equal (o 1 il^K'U of the
wages (as defined in section 3121(ri) re-
ceived by him on or after the etfectlve date
of health security taxes ( as deflned in .sec-
tion 3121 (u)) with resr;ect to employment
(R-. defined In section 3121 (s) ) ."
(b) Section 3111(b) of such Code (impos-
ing a hospital Insurance tax on employers) Is
amended to read as follows:
"(b) Hea'th SE'- urity. — In addition to
the tax Imposed by the preceding svb.sec-
tlon. there is hereby imposed on every em-
ployer an excise tax, with respect to having
individuals In his employ, equul to 3.5 per-
cent of the wages (as defined In section 3121
(r)) paid by him on or after the effective
date of health security taxes (as defined in
section 3121 (u)) v/ith respect to employ-
ment (as defined in section 3121 (s))."
(c) Section 3121 of such Code (contain-
ing definitions applicable to social security
payroll taxes) Is amended by adding at the
end thereof the following subsections:
■(r) Wages tor Pt rpose.s of Health Secu-
RFTY Taxes. — For the purpose of section 3101
(b). and for the purpose of sectlcn 1402(b)
as applied t^ 'e-'tlon 1401(b). the term
'wages' shall have the meaning .set forth In
.subsection (a) cf this section (as that sub-
January ^, 1973
CONGRESSIONAL RECORD — SENATE
113
section would apply to employment as de-
fined in subsection (s)), except that in ap-
plying paragraph (1) of subjection (a) the
term 'the health security contribution base
(as defined in subsecilon (t) )" sh,\ll be sub-
stituted for the term "the contributlcn and
benefit bare (as determined under section
230 of the Social Security Act ) ■ each place it
appears therein. For the purpose of section
3111(b), the term 'wages' -hall have the
same meaning, except that par.igraph ( 1 ) of
subsection (a) shall not be applied.
"(s) Employment for Purposes of Health
StcuRiTY. Ta::es. — For the purposes of sec-
tions 3101(b) and 3111(b). the term 'em-
ployment' shall have the meaning set forth
in subsection (b) of this sectioxi except
that— •
"(1) clause (B) preceding pai-aeraph fl) of
subsection (b) shall not be applied to an
employee whose principal post of duty is out-
side the United States;
"(2) the exclusions contained In the fol-
lowing paragraphs of subsection (b) shall not
be applied: paragraph (1) relating to foreign
agricultural workers), paragraphs (5) and
(6) (relating to employment by the United
States or its Instrumenttillties) ot)ier than
paragraph (6|(C)(i) (relating to the Presi-
dent, the Vice President, ruid Members of
Congress) and paragraph (6)(C) (ill)
through (V) (relating to certain minor emy
jJloyments), paragraph (8) (relating to env-
ployment by charitable and similar orga-
nizations), paratrraph (9) (relating to em-
ploymetit covered by the railroad retirement
system), and paragraph (17) (relating to em-
ployment by subversive organizations);
"(31 subsection (m) of this section (in-
cludl.ig services by members of the uni-
formed services in the term 'employment')
shall not be applied: and
"(4) fcr tlie purposes of section 3101 ib).
the exclusion contained in paragraph (7) of
subsection (b) of this section (relating to
employment by States and their political
subdivisions and instrumentalities) shall not
be applied, other than paragraph (7) (C) (i)
through (Iv) (relating to certain minor em-
ployments by the District of Columbia).
'(t) Health SECtmrrY Contributions
Base. — Tlie term 'health security contribu-
tions base' means, for any calendar year,
S15.000 or, if his/her, 125 percent of the con-
tributio!^ and benefit base (as determined
under section 230 of the Social Security Act)
which Is effective for such calendar year."
"(u) Effective Date of Health .S>'-u.<!ITY
Taxes. — The term 'effective date of health
security taxes' means January 1 of the second
calendar year after the year, in which the
Health Security Act is enacted."
CONFORMING AND TECHNICAL AMENDMENTS
Sec. 202. (a) Section 3121(1) of the In-
ternal Revenue Code of 1954 (relating to
coverage of services performed in the employ
of foreign subsidiaries of domestic corpora-
tions) is amended by striking out "sections
3101 and 3111" in paragraph (1)(A) and in-
serting In lieu thereof "sections 3101(a) and
3111(a)", and by Inserting at the end of
the subsection the following paragraph:
"(11) Nothwithstandlng the provision cf
any agreement entered Into under this sub-
section, no domestic corporation shall be
under any obligation to pay the Secretary,
with respect to services covered under the
agreement and performed on or after the
effective date of health security taxes (as
defined in subsection (u) of tliis section)
amounts equivalent to the taxes which would
be imposed by sections 3101(b) and 3111(b)
if such services constituted employment as
defined in subsection (b) or subsection (s ) ."
(b) Sections 3122 and 3125 of such Code
are amended by striking out "section 3111"
wherever It appear.s and inserting In lieu
thereof "section 3111(a)." *
(C)(1) Section 3201 (relating to tax on
railroad employees) and section 3211 (relat-
lug to tax employee representatives) of such
Code are each amended by striking out "plus
the rate Imposed by section 3101(b)."
(2) Section 3221(b) of such Code (relat-
ing to tax on railroad employers) is amended
by striking out "plus the rate imposed by
section 3111(b)."
(d)(1) Sec-ion 6413(c)(1)(D) of such
Code is amended by inserting "(i)" imme-
diately after "(Hi '. by striking out "section
3101" and Inserting "section 3101(a)" in lieu
thereof, and by inserting iihmediately before
the period at the end thereof: "; and (i))
during any calendar yerr beginning on or
r.ftcr the effective date of health security
taxes (as defined in section 3121(u)) the
wages received by him during such year
exceed ihe health security contribution base
I as defined in section 3121 (t)) for that
year, the employee shall be entitled (sub-
ject to the provisions of section 31(bi ) to a
credit or refund of any amount of tax, with
respect to such wages, imposed by section
3101(b) and deducted from tiie employee's
wages ( whether or not paid to the Secretary
or his delegate ) . which exceeds the tax with
respect to an amount o| such wageS received
in such calendar year tequal to the health
security contribution b(»se for such year."
(2) Section 6413(c) (2 uAl of such Code
is amended by striking out 'includes for the
jwrposes of this s'ubsectlon the amount" and
inserting in lieu ihereof "includes for th"
purposes of this subsecilon (1) with respect
to the taxes imposed by section 3101(a),
the amount"; and by ptrlking out "deter-
mined by each such head" and inserting in
lieu thereof "and (11) with respect to the
taxes imposed by seotion:3101 (b) , the amount
for any calendar year bqual to the health
security contributicn bape (as defined in sec-
tion 3121(t)) for such calendar year; each
such amount to be determined bv each such
her.d".
(e) Section 218 of the Social Security Act
(relating to agreements: for the coverage cf
serlvces performed in the employ of States
and their political subdivisions and instru-
mentalities) is amended —
(1) (A) by striking out. In subsection (e)
(1)(A). "sections 3101 and 3111" and "sec-
tion 3121" and inserting in lieu thereof, "sec-
tions 3101 (a) and 3111 (^) " and "section 3121
(b)". respectively; I
(B) by striking out. In subsection (e)(2)
(B). "section 3111" arid inserting In lieu
thereof, "section 3111(a)"; and
(C ) by adding at the end of subsection (e)
the following paragraph
" ( 3 ) Not with-staiiding the provisions of any
agreement entered into] under this section,
no State shall be underbuy obligation to pay
to tihe Secretary of the Tpcasury, with respect
to service covered under the agreement and
performed on or after the effective date of
health security taxes (as defined in section
3121 (U) of the Internal Revenue Code of
1954) . amounts equivalent to the taxes which
would be Imposed by sections 3101(b) and
3111(b) of such Code if such service con-
stituted employment as defined in section
3121(b) or section 3121](s) of such Code.";
and
(2) by striking out ill subsection (h)(1).
"and the Federal Hosplkal Insurance Trust
Fund", and striking ou^ in such subsection
"subsection (a) (3) of settion 201. subsection
(b)(1) of such section, :and subsection (a)
(1) of section 1817. respectively" and Insert-
ing in lleti thereof "subsections (a)(3) and
(b) (1 ) of section 201."
EXCLUSION FROM GROSS INCOME
Sec. 203. (a I Section 106 of the Internal
Revenue Code of 1954 (excluding from gross
income employer contributions to accident
and health plans for their employees) is
amended by Inserting immediately before
the period at the end thereof: ". and pay-
ments by the employer (without deduction
from the remuneration of the employees)
of the tax imposed upon his employees by
section 3101(b)".
(b) The heading of section 106. and the
line referring to that section in the table of
contents in subtitle A, chapter 1, subchapter
B, part III of such Code, are each amended
by adding at the end: "and employer pay-
ment of health security taxes".
EFFECTIVE DATES OF PURT A
Sec. 204. The amendments made by sec-
tion 201 of this Act. and the amendments
made by subsections (b) and (di of section
202, shall be effective only with respect to
remuneration received, and remuneration
paid, on or after the effective date of health
security taxes (as defined by section 3121 (u I
of the Internal Revenue Code of 1954, added
by section 201(c) of this Act), and section
3121(s) of such Code shall be applicable only
with respect to remuneration for services
performed on or after that daite. The amend-
ments made bv subsections (^). (o. and (e)
of section 202 shall be effective only with
respect to remuneration foi^ services per-
formed on or after such effective date. The
amendments made by section 203 shall apply
to taxable years beginning oa or after such
effective date. T
Part B — Taxes on Self-Employment Income
AND Unearned Income Ta:: on Self-Em-
ployment Income
Sec. 211. (a) Section 1401 b) of the In-
ternal Revenue Code of 1961 (Imposing a
hospital Insurance tax on sel'-employed in-
dividuals) is amended to read as follows:
"(b) Health Security. — In iddltlon to the
tax imposed by the precedlig subsection,
there shall be imposed for eaqh taxable year,
on the self-employment Indome of everv
percent of the
such taxable
Code (defining
subclauses of
on 3121(b) )":
^t 'he end of
In lieu tVere-
indlvldual. a tax equal to 2.5
self-employment income for
year."
(b) Section 1402(b) of such
self-employment Income) is a^nended —
(1 ) by striking out "except :hat such term
shall not include — " and inserting In lieu
thereof "except that—," and ijy amending so
much of clause ( 1 ) as preceded subclause (A)
to read as follows:
"(1) for the purposes of s«ctlon 1401 (a>.
such term shall not Include t^at part of the
net earnings from self-emplo>*nent which is
In excess of — ";
(2) by Inserting, immediately after the
word "wages" in each of the
clause (1 ). "(as defined in sect
(3) by stri'^ln!? cin "or
clause ( 1 ) and inserting "and"
of. ajid by s'riklne out claust (2) wnd in-
sertii's In lieu thereof the fo]lowl;iK:
"(2) for the purnoses of section 1401(b).
such -term shall not include that part of
the net earnings fnm sejf-employmeni
which is in exces-- of (A) an bmoum equal
to the he.ilth security contrlbijitloii b:ise (ias
defined In section 3li21(t)) fol- the calendiar
year in which the taxable yearlbeglns. mi;Uis
(B) the amount of wages (hs defi::ed h\
section 3121 (r) for the purpose of secti<)n
3101(b) ) paid to such individual during' the
taxable year: and
"(3) for the purposes ■ of both section
1401(a) and section 1401(b). such term shall
not Include any net earnings from selt-
employment if surh net earnings for the
taxable year are less than S400."; and
(4) by striking out "A " In the sentenre
following clause (3). and by changing the
comma following the term "section 3121 (bk"
in that sentence to a period and striking ojiit
the remainder of the sentence.
(c) Section 1402(d) of the Code is
amended by striking out "and the term
'wages' ". and striking out "and wages" in
the subsection heading
TAX ON HEALTH SECURITY UNEARNED
Sec. 212. Section 1403 of the
Revenue Code of 1954 is redesignated as se^
tlon 1404. and the following new section Is
inserted immediately after section 1402:
he term
•aces" \i\ ^
) INCOMmt,
Inteij^jj^
11
sEcuRiry UN-
S4p. 1403. Tax on health
EARNED INCOME
I a) Imposition of Tax. — In addition to
otljer t.\ses. there shall be imposed for each
;e year beginning on or alter the effec-
date of health security taxes (as defined
ection 3121 (u) ). on the income of every
iviciual residing in the United States
se heiUth security unearned income (as
i.ed in subsection (b) of this section) for
taxable year is S400 or more, a tax equal
. percent of the amount of such health
ty unearned income for such taxable
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CONGRESSIONAL RECORD — SENATE
January If, 1973
(bi DEFiNmoN OF Health SECuartY Un-
XED Income. — The term "health security
ar:ied income" means an amount deter-
led by deducting from the adjusted gross
of aa individual for the taxable year
part of such intome (whether from
es or any other source) in excess of the
ju.it of the health security contribution
iS denned in section 3121 (t)', for the
niciar year in which such taxable year
ins. and deducting from the remainder
part of the adjusted gross income
Ch- —
( 1 i consists of wages taxable under sec-
3101(b). or
i2i consists of self-employment Income
ble under section 1401 ( b) . or
( 3 I consists of remuneration for services
formed in the employ of the United States
President or Vice President of the United
or as a Member. Delegate, or Resident
IssJoner of or to the Congress, or as a
ber of a uniformed service on active
y. or
1 4 )' consists of remuneration (not tax-
e -inder section 3101 ib( ) for service per-
med bv an alien in the employ of a foreign
ernment. an instrumentality of a foreign
ernment. or an International organtza-
n. or
( 5 ) consists of payments excluded from
i ges taxable under section 3101(b) by rea-
1 of paragraphs (2) through (13) of sec-
n 3121 (a I as Incorporated in section 3121
I . or
•I 6. in the case of a taxpayer wiio has at-
r.ed the age of CO years before or during
taxable \ear. consists of any other In-
In an amount not exceeding 53.000."
XFORMING AND TECHNICAL AMENDMENTS
3ec. 213. (a) The heading and table of con-
ts of chapter 2 of subtitle A of the In-
•a! Revei.ue Code of 1954 are amended to
Id IS fol'.ows:
PTEP 2--T.\VE'^ ON SELP-EMPLOY-
N'FNT INCOME .».\'n HEALTH SECURITY
UNFARNED INCOME , »
1401. Rates of tax on reU-en-.ploympnt
Ir.come.
Definitions re' at in g to se'.f-em-
ploymeir i "o!i»e.
Ta'x on health security unearned
Income.
Miscer.aneous pr:>vislcns."'
lb Spctlo'^ 1401 of thp C^de. as ame-nded
se'-tion 211 (a l of this Act. is further
Ter.detl bv strlki- g out the heading of the
rtion and ir<!ertl:-g ta lieu_ thereof .
1401. RATFS or TAX ox SELF-EM ^I-OY-
?.i<rNr i.n'come/"
ic ) Section 1404 of the Cnd«> (as redesisr-
ted by section 212 of this Act) Is amended
striking out "'Se'.f-Emplo-ment Contrlbu-
r.s Act of 1954'" and it.serting in lieu there-
"Sclf-Employment and Health Security
tributions Act.""
idt Section 6015 of the Code (relating t(>
cIaratio:-.s of estimated income by Indlvid-
!si Is amended bv striking out in subsec-
an 10) i2) ""the amount of the self-employ
nt tax imposed by chapter 2" and Insert-
g til lieu thereof "the amount of the taxes
nposed bv chapter 2".
(e) Section 6017 of the Code Is amended —
ill bv striking out the heading of the
ctlon and Inserting in lieu thereof.
CO Tie
:o>
e 1
1402.
ec 1403.
f cc 1404.
; EC
)
Sec. 6107. Self-employment and health se-
CfRITY TAX RETURNS ";
(2) by inserting, immediately after the
first sentence of the section, the foUcA-lng
sentence: "Every individual residing In the
United States and having health secv.rity un-
earned Income of $400 or mere for the tax-
able year shall make a return with respect
to the health sec irity unj.irned income tax
imposed by chapter 2."; and
(3") by striking out "the tax" In the sen-
ten.re immediately following the insertion
made by paragraph (2) and inserting In lieu
thereof '"the taxes"", and by In .ertlng Imme-
diately before the period at the end of that
sentence, '"or on the separate health security
unearned income of ea:h spoviie. as the case
may be"".
effective dates of PART B
Sec. 214. The amendments made by sec-
tions 211, 212, and section 213(d) and (e)
(Other than section 213(e) (1) ) shall be effec-
tive wi.h respect to taxable years beainnlng
on or after the effective date of health .se-
curity taxes (as defined by section 3121 (u)
of the Internal Revenue Code of 1954. aided
bv section 201(c) of this Acti. The amend-
ments made by section 213 (a), (b). (c),
and (e)(1) shall be effective on such effec-
tive date.
TITLE III— co^I^^ssION on the
QUALITY OF HEALTH CARE
statement of purpose
Sec. 301 It Is the purpose of this title to
improve the quality of health care in the
United States by establishing a -eommls ion
on the Quality of Health Care to develop
parameters and standards for care of high
quality, and to promote th» application of
Such parameters and standards in asse.csing
and enhancing the quality of care furnished
under the Health Security Act.
amendment of the public health StrRVICE
ACT
Sec. 302. The Public Health Service Act
is amended by inserting after title XI the
following new title:
•TITLE XII— COMMISSION ON THE
I QUALITY OF HEALTH CARE
"ESTABLISiUMtN-T OF TK'- CO^tMISSION
."Sec. 1201. (a) There is hereby e.stablished
in the Department of Health, Education, and
Welfare ^ Comm'S-lcn on the Qnality of
Health Care (hereinafter in this title referred
to as the "Conimis.-;ion") , consisting of ele-.en
mcnioers to be appointed by the Secretary
a'ter consultation with the Health Security
Boird. which shall perform the functions
.-e' forth in sections 1202 and 1203.
"'ib» The Commission shall consist of
ner.sous who are especially qualified by edu-
ca'iou and experience to perform the func-
tions :Of the Commission, including seven
persons who are repre'.entatlves of providers
of heailth .services or .epresentatives of non-
governmental orpa-iizations engaged in de-
veloping standards pertaining to the quality
of health care, and four persons who are
representatives of consumers of health care
(Who .shall be persons not engaged in, and
having no fi;\ancial interest in, the furnish-
ing of health serkes). Epch member shall
hold otR^e for a l^rm of five years, except
that ( 1 1 arty member appointed to fill a
vacancy occurring during the term for which
his predecessor was appointed shall be ap-
pointed for the remainder of that term, and
1 2) the terms of the members first taking
oRlce shall expire, as designated by the Board
at the time of appointment, three at the end
of the first year, two at the end of the sec-
ond year, two at the end of the third year,
and two at the end of the fourth year after
the appointment and qualification of at least
six members of the Commission. A majority
of the members who have been appointed
and qualified shall constitute a quorum for
the transaction of business.
"(c) The Secretary shall designate one of
the members of the Commission to serve, at
the will of the Secretary, as Chairman of
the Commission.
■•(dt Subject to general policies est?.bllshed
by the Secretary, and to the availability of
funds, the Commission is authorized to em-
ploy such personnel as it finds necessary,
including experts and consultants employed
in accordance with section 3109 of title 5,
United States Code, and to appoint one or
more advisory committee.^ ( including a com-
mittee on the preparation and analysis of
statistics) which may include officers or em-
ployees of the United States or of State or
local gover.vnients. Members of committees
who are not other .vise in the full-time em-
ploy of the United States, a.id experts and
cons'alta.ts euiploycd pursu.mt to this sub-
section, while sening on business of the
Commission (in-lusive of travel time), shall
receive compensation at rates fixed by the
Commission, but not in e:{cess of the daily
rate paid under GS-13 of the General Sched-
ule u-f'er sertion .';''<2 of ti*:le 5, U-'ited
f tates Coc'.c; a :d while so serving away from
the'r liomes or reg-.l.ar places of business,
th.ey may be allowed trtr el e.\penses. includ-
ing per diem in lieu of subsistence, as au-
tlinrired by se.^tio i 57C3 o^ title 5. United
States Code, for persons In Government
service employed Intermittently.
"FUNCTIONS OF THE COMMtSSIO.M
"Sec. 1202. (a) The primary responsibility
of the Commission shall be the initiation and
coatinui:ig development of mpthorjs of as-
sessing the quality of health ere furnished
under the Health Secuiity Act raid methods
of utilizing such assessments for the mriin-
teiance and improvement of quality, and
the submission to the Secretary and t'ne
Health Security Bo.ird of its findings and
recommendations. In discharging this re-
sponsibility the Commission shall —
"(1» undertake the system.ization and na-
tionwide collection of data bearing on (A)
the qualifications of health personnel and the
adequacy of health facilities to furnisii care
of high quality, (Bi tlie patterns of medical
and other health practice in actual episodes
of care, iC) the patterns of utilization of
the components of the health care system,
and (D) the health of patients during and
at the conclusion of episodes of health care,
and the relation of the foregoing elements
of health care thereto;
"(2) develop from such data (on a national
or regional basis, for paiticular population
groups, or otherwise, as the Commission m?.y
deem mo.st useful) statistical norms and
ranges with respect to aspects of health care
which are comprifed by each of the fo'jr ele-
ments listed in paragraph (1):
^"(3) develop, on the b:t3ls of these norms
and ranges, such standards (together w"ith
acceptable deviations therefrom) as will af-
ford useful gauges of the qu.Tlity of care
and useful Instrttments for the control and
improvement of quality; and
"(4) make recommendations to the Secre-
tary and the Healtli Security Board for the
use of standards developed under paragraph
(3) In the exercise by the Board of its au-
thority under title I, part II, of the Health
Security Act, or for their use In the develop-
ment of recommendations to the Congress for
amendment of the Health Security Act.
In carrying out Its duties under this subsec-
tion tlie Commission shall emahaslze, and
give first consideration to. care furnished for
tho.se illnesses and conditions which have re-
latively high IncTdence In the population and
which are relatively amenable to medical or
other care.
"(b) The Commission shall, through Its
staff or by contract (or both) , conduct a pro-
gram of research with the objectives of —
" ( 1 ) Improving the technology of assessing
the quality of health care, with regard for
both the service input and the end result of
.such care;
"(2) comparing the quality of health care
>
January .i, 1973
CONGRESSIONAL RECORD — SENATE
115
furnished under different systems of delivery
and methods of payment:
■•(3) analyzing the effects of consumer
health education, and of utilization of pre-
ventive health services;
'■(4) continuing the studies made by the
Secretary's Commission on Medical Malprac-
tice, and appraising the effect of measures
taken by the Health Security Board pursuant
to section 146 of the Health Security Act; and
"(5) obtaining other information which
the Commission believes will be useful in
effectuating the purposes of this title of
title I, part H, of the Health Security Act.
"(ci The Commission is authorized to
provide teclinical assistance to participating
providers of health services under title I of
the Health Security Act ( 1 I in furnishing
to the H:^alth Sscurity Board information
required for purposes of the Commission,
and (2) in developing and carrying out pro-
grams of quality control.
"advice TO HEALTH SECURITY HOARD PENDING
DEVELOPMENT OF STANDARDS
"Sec. 1203. Pending the development of
standards and recommendations pursuant to
section 1202(a), the Commission shall, both
before ai.d after the effective date of health
benefits under title I of the Health Security
Act. on the basis of such knowledge as is
available from time to time, turmsh advice
and recommendations to the Health Security
Board oii the issuance of regulations part H
of such title."
"Sec. 1204. The Secretary is authorized to
esta'oiish and fix the compensation for. within
the Commission, not more than twenty-five
positions In the professional, scientific, and
executive service, each such position being
established to effectuate those research and
development activities of the Commission
which require the services of specially quali-
fied scientific, professional, and administra-
tive personnel. The rates of compensation for
positions established pursuant to the pro-
visions of this sutasectioii shall not be less
than the minimum rate of grade 16 of the
General Schedule of the Classiflcaticn Act of
1949, as amended, nor more than the highest
rate of grade 18 of the General Schedule of
such Act; and such rates of compensation
for all positions IncUided in this proviso shall
be subject to the approval of the Civil Service
Comnii.ss:o:i. Positions created pursuant to
this stibsection shall be included in the
classified civil service of the United States,
but appointments to such positions shall be
made v.'ithout competitive examination upon
approval of the proposed appointee's quali-
fications by the Civil Service Commission or
sucli officers or agents as It rhay designate
for this purpose."
TECHNICAL AMENDMENTS TO THE PUBLIC .HEALTH
SERVICE ACT
Sec. 303. (a) Section 1 of the Public- Health
Service Act' is amended by striking out "titles
I to IX'" and inserting in lieu thereof "titles
I to XII"'.
(b) The Act of July'l, 1944 (58 Stat. 682),
is further amended by renumbering title XII
(as in effect prior to the date of enactment
of this Act) as title XIII. and by renumbering
sections 1201 through 1214 (as in effect prior
to such date) aid references thereto as sec-
tions 1301 through 1314, respectively,
TITLE IV— REPEAL OF AMENDMENT OF
OTHER ACTS
REPEAL OF MEDICARE AND FKDERAL EMPLOYEE
HEALTH BENEFIT STATUTES
Szr. 401. (a) Effective on the effective date
of health security benefits (set forth in sec-
tion 163)^
(1) Title XVITI of the Social Security Act,
except section 1817 thereof, Is repealed.
(2) The Act of September 28. 1959 (5 U.S.C.
chap. 89) , and Public Law 86-724 are repealed.
(b) Subsection (a) shall not affect any
right or obligation arising out of any matter
occurring before the effective date of health
security benefits or any administrative or
judicial proceeding (whether or not initiated
before that date) for the adjudication or
enforcement of any such right or obligation.
MEDICAID STATUTE
Sec. 402. After the effective date of health
security benefits no State (as defined in sec-
tion 1101(a)(1) of the Social Security Act)
shall be required, as a condition of approval
of its State plan inder title XIX of that
Act. to furnish any service which constitutes
a covered service under title I of this Act,
and any amount expended for the furnish-
ing of any such service to a person eligible
for services under title I of this Act shall be
disregarded in determining the amount of
any payment to a State under such title XIX.
The Secretary of Health, Education, and Wel-
fare shall by regulation prescribe the mini-
mum scope of services required (in lieu of
the requirements of section 1902(a) (13) of
the Social Security Act) as a condition of
approval, after the effective date of health
security benefits, of a State plan under such
title XIX. Such minimum scope of services
shall, to the extent the Secretary finds prac-
ticable, supplement the benefits available
under title I of this lAct. including supple-
mentation with respect to the duration cf
skilled nursing homfe services during the
benefit period an.d w^th respect to the fur-
nishing of dental services and of drugs (ap-
pearing on the list esta'olished. under section
25ib) of this Act) to persons not entitled
to such services, or not entitled to such drugs,
under title I of this Ac|t.
VOCATIONAL REHABILIT|A'nON ACT: MATERNAL
AND CHILD HEALTH A^D CRIPPLED CHILDREN'S
SERVICES
Sec 403 Funds made available under the
Vocational Rehabilitation Act or under title
V of the Social Security Act shall not be
used, after the effective date of health se-
curity benefits, to pay for personal health
services available under title I of this Act;
but they may; in accordance with regula-
tions of the Secretary of Health, Education,
and Welfare, be used (a) to pay for insti-
tutional services which are either more ex-
tensive or more Intepsive than the services
recognized in Institutional budgets approved
under title I of this Act, or (b) to pay for
special medical or other procedures peculiar
to vocational rehabilitation, or peculiar to the
correction or amelioration of defects or
chronic conditions of crippled children, as
the case may be,
AMENDMENT OF SECTION 1122 OF THE SOCIAL
SECt'RITY ACT
Sec, 404. (a) Section 1122 of the Social
Security Act is amended — '
( 1 ) by striking out the word "titles V,
XVIII, and XIX" wherever they appear in
the section and inserting in lieu thereof "ti-
tles V ;:nd XIX of this Act and title I of
the Health Security Act", and striking out
"title V, XVIII, or XIX" in subsection (d)(2)
and inserting in lieu thereof "title V or
XIX of this Act or title I of the Health Se-
curity Act";
( 2 ) by striking out the words "in determin-
ing the Federal payments" wherever they
appear in subsections (d)(1) and (e) and
inserting in lieu therieof "for the purpose of
determining the Federal payments"';
(3) by striking out In suljsection (d)(1)
"not include any amount'" and "exclude an
amount"" and inserthtg In lieu thereof, re-
spectively, "not include, and shall direct
the Health Security Board not to Include
any amount" and "exclude, and shall direct
the Health Security Board to exclude, an
amount";
(4) by striking out In subsection (e) "de-
duct the amount"" and "deduct any amount"
and inserting in lieu friereof. respectively,
"deduct, and direct the Health Security
Board to deduct, the amount", ^d "deduct,
and direct the Health Security Board to de-
duct, any amount"; ajad,
(5) by striking out In subsection (1)(2)
"the Health Insurance Benefits Council"
and Insert in lieu thereof "the National Se-
curity Advisory Council".
(b) The amendments made by subsection
(a) shall be effective upon ttie effective date
of health security benefits except that prior
to that date the Secretary of Health, Edu-
cation, and Welfare may issue to the Health
Security Board directions for reductions In
payments to be made on and after the ef-
fective date.
REPEAL OF TITLE XI. PART B, OF THE ScjclAL
SECURITY ACT ]
Sec. 405. Part B of title J:i of the Sbcial
Security Act (relating to Pro: essional Stand-
ards Review), and section 24 )P of the Social
Security Amendments of +97p (which added
that part to the Act) are repealed, effective
on fne effective date of health security bene-
fits.
TRANSFER AND AMENDMENT OF" SECTION 1817,
AND AMENDMENT OF SECTIO^ 201 (g) , OF THE
SOCIAL SECURITY ACT
Sec. 406. (a) Section 1817 cf the Social Se-
curity Act (creating the Federal Hospital
Insurance Trust Fund ai'.d a|ppropriating to
the fimd the proceeds of the; hospital insur-
ance payroll taxes and the hospital Insurance
self-employment tax) is redesignated as sec-
tion 61 and is transferred toithls Act, to ap-
pear under the heading "HtALTH security
TRUST FUND" as tile firs*, section of part D
of title I; and is amended — i
(1) by striking out the ^ctlon heading,
and by striking out the na^e of the nrust
fund appearing in subsectloii (a) and in-
serting in lieu thereof, "Health Security
Trust Fund ";
(2) by striking out paragraph (2) of sub-
section (a) (appropriating to the Trust Tund
the proceeds of the self -employment tat for
hospital insurance) and iiiserting in lieu
thereof: '
"(2) the taxes imposed by' section 1401(b)
of the Internal Revenue Code of 1954 with
respect to self-employment income, ani by
section 1403 of the Code with respect to un-
earned income, reported to the Secretaiy of
the Treasury or his delegate on tax returns
under subtitle F of such Cod^.'" i
(3) by striking out subsections (g)ja:id
(h), and inserting in lieu thereof:
"•(g) On the effective date of health bene-
fits, there shall be transferred to the Trust
Fund all of the assets and liabilities of the
Federal Supplementary Medical Insurance
Trust Fund. The Health Security Trust Fund
shall remain subject to the |liabUities of the
Federal Hospital Insurance iTrust Fund ex-
isting immediately prior to such effective
date.
"(h) In addition to the sums appropriated
by subsection (a) . there are lauthorized to be
appropriated to the Trust fund from time
to time, out of any moneys in the Treasury
not otherwise appropriated, a Govprnment
coiitribvnion equal to 100 per centum of the
sums appropriated by subsection (a). There
shall be deposited in the Trust Fund all re-
coveries of overpayments, and all receipts
under loans or other agreements entered Into,
under this title. i
"(i) The managing trustee shall pay from
time to time from the Trust Fund such
amounts as the Board certifies are necessary
to make payments provided, for by this title, .
and the payments with respect to adminis-
trative expenses in accordance with section
201(g) of the Social Security Act."
(b) Section 301(g) of the Social Security"
Act providing for annual authorization b;-
the Congress of payment, from the respective
trust funds, of the cost of administering
the several national system of social Insur-
ance ) is amended —
(1) by striking out in jjaragraph (1)(A)
"the Federal Hospital Insurance Trust Fund
and the Federal Suppleipentiiry Medical In-
ii<;
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I
CONGRESSIONAL RECORD — SENATE
January 4, 1973
sur^nce Trust Fund" and Inserting In lieu
thereof- the Health Security Trust Pund"^
I by striking out the v.-ords "title XVIII"
u-het-ever. they appear it; the subsection and
inserting In lieu thereof: "title I of the
Health Security Act": and
) by strikhig out the words "for which
Secretary of Health, Education, and
are is responsible" wherever they ap-
i:i paragraph iltiA). and inserting In
thereof, "for which the Secretary of
sjlth. Education, and Welfare and the
th Security Board are responsible '.
) All references to the Federal Hospital
ranee "Trust Fund or the Federal Sup- •
Medical Insurance Trust Fund,
arine in any Act other than this Act
e Social Security Act. shall be deemed
i^fer to the Health Security Trust Fund.
.) For the effective date of subsections
and lb), see section 163 Subsection (c)
I be effective on and after the effective
of health benefits.
-NDMENT OF SECTION 314 OF^ '1 HE PUBLIC
HEALTH SERVICE ACT
Stc 407. '(a) Section 314(a) of the Public
th Service Act (authorizing grants for
prehenslve State health planning) Is
nded —
) by striking out -June 30, 1973" In the
sentence of paragraph ( 1 ) and inserting
30, 1978" in lieu thereof! and by strlk-
out "p.nd" after "June 30. 1972. ' In the
(jnd sentence of the paragraph and In-
ng before the period at the end of the
graph : "and for each of the five succeed-
fiscal years, so much as may be neces-
'; and
) by redesignating paragraphs (D)
ugh (K) of subsection ia)(2) as para-
s E) through (L). respectively, and by
ing immediately after paragraph (C)
■A- paragraph :
D) provide tl-.at the State agency will
emphasis on the achievement, in coa-
tlon with the Secretary, of the purposes
forth in section 102 of the Health Se-
t V Act. ar.d will utilize and coordinate all
or particularized health planning ac-
ies wi'hui the State (Including coordl-
ou wi'h planning for inter.->tate areas).
coordi; ate health planning with plan-
; l:i relateri fields;".
I) Paragraph iDiA) of section SH'b)
lie Public Health Service Act (author-
g project grafts for areawide health plan-
I is amended —
) by striking out "June 30, 1073" in
first sentence and inserting "June 30,
■ in lieu thereof;
>i by inserung immediately before thi
sentence. "In approving grants unde?
s'lbsection the Secretary shall take Into
rlderation the extent to which the agency
rs'xnlzatior. will supplement or otherwise
;ribute to the effectiveness of the plan-
; conducted bv the State agency pur-
U to paraj-raph (Di of subsection la)
■ and
3» by striking out "a^id" after "June 30.
?.." ix\ the last sei^tence, and Inserting be-
the period at the end of the paragraph:
for each of the succeeding five fiscal
s. 'jo much as may be iiecessary".
; SALARY LEVELS
-c. 40E. la) Section 5313. title 5. United
Strikes Code (relating to executive pay rates
for positions at lei. el II) is amended by
adc ing at the end thereof the following new.
■la ise :
(22) Deputy Secretary of Health, Educa-
and Welfare."
3 1 Section 5314, title 5. United States
(relating to executive pay rates for
portions at level III i is amended by striking
clause (7) and inserting In lieu thereof:
7) Under Secretary for Health and Scl-
Department of Health. Education, and
fare":
an« by adding at the end thereof the foUow-
inE new clause:
( e.
"(59) Chairman, Health Security Boor J. De-
partment of Health, Education, and Welfare."
(c) Sectio.i 5315. title 5, United States
Code (relating to executive pay rates for
positions at level IV), Is amended by ac'ding
-at the end thereof the following new clause:
"(97) Members (other than the Chair-
man). Health Security Board. Department of
Health, Educatio-i. and Welfare (4).
"(98) Members. Commission on the Qual-
ity of Health Care. Department of Health.
Education, and Welfare (11)".
(d) Section 5316, title 5, United States
Code (relating to executive pay rates for
positions at level V) Is amended by adding
at the end thereof the following new clause:
"(132) Executive Director. Health Security
Board. Department of Health. Educalio-i, and
Welfare."
TITLE V— STUDIES RELATED TO HEALTH
SECURITY
STl'DY OF THE PROVISION OF HEALTH SECURITY
BENEFITS TO U.S. CITIZENS IN OTHER
COUNTRIES
Sec. 501. The Secretary of Health, Educa-
tion, and Welfare, In consultation with the
Secretary of State and the Secretary of the
Treasun,-, shall study (a) the practicability
and the means of m^ing prepaid health
services (or prepaid Indemnlflcatlon for the
cost of health services) available, more widely
than can be done under section 12 of this
Act. to citizens of the United Stater- who
are resident in other countries or are tempo-
rarily visiting such countries, by supple-
menting the authority for reciprocal arrange-
ments under section 12 with authority for
payments from the Health Security Trust
Fund, and (b) means of equitably financing
such services (or indemnification) through
the extension of health security taxes: and
not later than five years after the enactment
of this Act shall report to the Congrcs., his
findings and recommendations.
STUDY OF COORDINATION WITH OTHER FEDERAL
HEALTH BENEFIT PROGRAMS
Sec. 502. (a) The Secretary of Health, Edu-
cation, and Welfare shall condtict studies of
the most satisfactory means of coordinating
the program for the health care of merchant
seamen, the program for the health care of
Indians and Alaskan Natives, or both, with
the system of health security benefits created
by this Act; the Administrator of Veterans'
Affairs and the Secretary shall conduct a
Joint study of the most satisfactory mecns of
coordliiatlng with that system some or all
of the programs for the health carp of vet-
erans; and the Secretary of Defense and the
Secretary of Health, Education, ard Welfare
shall conduct a like Joint study with respect
to the program of health benefits furnished
by civilian facilities and personnel to depend-
ents of members of the Armed Forces. Re-
ports of these studies, and legislative rec-
ommendations to achieve improved coordina-
tion, shall be submitted to the Congress not
later than three years after the enactment of
this Act.
(b) In conducting the studies required by
this section, the Secretaries and the Admin-
istrator, as appropriate, shall consult with
representatives of the respective beneficiary
groups, and shall include In their reports
to the Congress summaries of the views of
such representatives.
GENERAL PROVISIONS
Sec. 603. (a) There are hereby authorized
to be appropriated such sums as may be
necessary for the conduct of the studies au-
thorized by this title.
(b) In conducting such studies the Secre-
tary of Health. Education, and Welfare, the
Secretary of Defense, and the Administrator
of Veterans' Affairs are each authorized ( 1 1
to appoint such experts and consultants
(employed in accordance with section 3109,
of title 5, United States Code) and such ad-
visory committees as they may deem neces-
sary; and (2) to enter Into contracts with
public or private agencies or organizations
for the collection of Information, the con-
duct of research, or other purposes related
to the respective studies. Experts and con-
sultants and members of advisory commit-
tees appointed under this subsection, while
serving on business related to the studies
(Inclusive of traveltlme), shall receive com-
pensation at rates not in excess of the daily
rate paid under GS-18 of the General Sched-
ule under section 5332 of title 5. United
States Code; and while so serving away from
their homes or regtilar places of business,
they may be allowed travel expenses, includ-
ing per diem in lieu of subsistence, as au-
thorized by section 5703 of title 5, United
States Code, for persons in Government
service employed intermittently.
Mr. KENNEDY. Mr. President, on
behalf of myself and Mr. Abourezk, Mr.
Case. Mr. Clark. Mr. Cranston. Mr.
Gravel. Mr. Hart. Mr. H.mhaway, Mr.
HucHES, Mr. Humphrey. Mr. Inouye. Mr.
Javits. Mr. McGee. Mr. McGoveun. Mr.
Metcalf. Mr. Mondale. Mr. Moss. Mr.
MusKiE. Mr. PA.sTonE. Mr. Pell Mr. Ran-
dolph, and Mr. Tunney. I have Intro-
duced in this body, S. 3. the Health Secu-
rity Act of 1973.
This bill proposes to establish a pro-
gram that will assure health security to
all Americans even as legislation of the
1930's assured them social security. The
bill would cover every resident of this
Nation with health insurance for the
vast majority of essential health services.
This insurance coverage would be jDro-
vided regardless of where a person lives,
where he works, his medical history, his
income, the size of his family, or any
other factor.
Moreover, he would pay for this insur-
ance according to his ability to pay.
Contrary to present insurance practice,
he would not pay a flat premium regard-
less of income. He would not pay more
if he or his family have a history of
medical problems. He would not pr.y m.ore
if he has a dangerous job — or Mve5 m a
bad neighborh(X)d.
This proposed legislation is the answer
to providing good health insurance to
every American on an eijuitable basis.
It is also the answer to controlling the
skyrocketing costs of health care to as-
suring that quality health .services are
available and nearby when we need them,
and to organizing health services in ways
that help us to find the right doctor or
the right service to fit our particular
need.
This legislation, in other words, not
only seeks to provide evei-y American
with enough insurance to enable him
to purchase whatever health care he
needs — it seeks also to assure that good
health services are actually made avail-
able to each of us where and when we
need them, and in a form that we can
understand and use.
In accomplishing these goals the bill
protects the rights of both doctor and
patient — both provider and consumer of
services. It assures that services are
available by offering providers the re-
sources and incentives to make them
available. Indeed, the bill would usher
in a new era of opportunity for provider
and consumer alike.
THE LESSONS OF MEDICARE AND MEDICAID
This is the only national health in-
sm-ance legislation before Congress
January //, 1973
CONGRESSIONAL RECORD — SENATE
117
which extends insurance coverage to all
Americans on so equitable a basis, and
couples this with so serious an effort to
reform our health care system to assure
that good services are actually available.
The history of medicare and medicaid
has taught us that attempts to offer
health insurance on a piecemeal basis
to segments of our population — without
major efforts to expand and reform our
health care system — result in increased
inflation which robs Americans of much
of the benefit of the new insurance. Med-
icare today covers less than half of the
health care costs of the elderly, due in
part to rising health care costs stimu-
lated by passage of the medicare pro-
gram. Many elderly Ajnericans today, in
fact, pay more for health care imder
medicare than they paid before the pro-
gram was passed.
This legislation which I introduce to-
day, the health security propram. does
not make this sfftne mistake. It couples
increased purchasing power through im-
proved insurance with expanded and im-
proved services. Moreover, it establishes
budgeting mechanisms designed to bring
the cost of health services in America
under reasonable control.
This program will ultimately assure
every American of the good health care
he needs at a cost he can afford — and it
will do this for less cost to our Nation
than our pre:ent system, or any other
pending health insurance proposal.
THE HEALTH CARE CRISIS
We are in the midst of a crisis in
health care in America. There are many
aspects to this crisis. But the aspect
known best by every .'\merican is the
crisis in costs.
THE CRISIS IN COSTS
Hospital costs have risen. Doctor bills
have risen. And insurance premiiuns liave
risen to keep pace. Every American
family feels the pressure of this infla-
tion. The average wage earner now
works 1 month a year just to pay his
health care and health insurance bills.
And there is no limit in sight. There is
nothing at present built into oiu' health
care system thi\t will a;sur,-' an end to
this inflation. Unless our Nation takes
aijtion to slow this progress, health cue
will cost Americans more and more each
year.
The answer to this problem is not to
cut back on benefits, to raise insun^nce
premiums even more, or to simply offer
more insurance to more Americans. The
answer is to reform our health care sys-
tem and bring these costs imder control.
THE COST OF HFALTH SECURITY
There has been a great deal of debate
about the costs of national health in-
surance. Opponents of the health secu-
rity program which I introduce today
have argued the program will cost too
much— as if "cost" means what appears
in the Federal budget.
Well, it is true that under the health
security progrpm more money will pass
through the Federal budget than under
other propasals. But, that is because the
Federal Government under this proposal
becomes the health insurance agent for
the Nation. The billions of dollars that
are currently paid to insurance compa-
nies would be paid to the Federal Gov-
ernment under the program. Likewise,
since this program covers all essential
health services without deductibles, co-
in.surance or limitations, billions of dol-
lars that Americans currently pay to doc-
tors, hospitals, laboratories, dentists,
drug stores, and other providers would
also be paid to the Government.
The Government would collect these
funds and serve as Americans' agent in
paying these bills. Yes. the funds would
flow through the Federal budget in this
process. But, cost is not what apiJears in
the Federal budget., Any American fam-
ily will tell you that cost is what comes
out of his paycheck^-or out of his pocket-
book. I
Under the Health Security Act Ameri-
cans will pay: more health insurance
premiums, little or no doctor bills. little
or no hospital bills, fewer dental bills,
fewer drug bills, anid less of majiy other
health care costs. [
Instead. Americans will pay taxes
geared to their income. The average
family, in the early years of the pro-
gram, will pay the Government roughly
the same amount fqr health care that it
is currently paying the insurance com-
panies, the doctors and others. The dif-
ference is, the average family will have
a far better insurance policy and will
get broader services for their money.
Moreover, as the tost controls in the
health seciu'ity program take hold, the
health security prpgram will cost less
than our present system would cost, even
with its poorer servjices.
This cost sa\'ing[ is effected through
strong budget controls over the health
care system — and thi'ough such efficien-
cies as have been demonstrated in health
maintenance organizations. A recent
GAG study of healjth facility construc-
tion costs said: |
Various studies have shown that prepaid
group practice members, compared with tra-
ditional insurance pllan members ( 1 ) have
substantially lower hjospiial use rates, gen-
erally at least 20 percent less. (2) have lower
surgery rates, and (3 J compare favorably on
other measures of health care.
The same study iqdicat€d these organi-
zations reduce the need for hospital beds
by 20 percent. •
By offering incentives to providers to
form health maintenance organizations,
the health securitj^ program will save
millions of dollars on expensive hospital
care. Organizations, through Uiese sav-
ings, can offer good care to Americans at
far lower cost than under the current
system.
The fact is that the health security
program will cost far less out of the
workingman's paycheck and pocketbook.
It will cost far less to our Nation in terms
of gross expenditures for health care.
These are the r<:al costs that both the
average family and this Government
need to come to terms with and face up
to. These are the costs that will be
brought under control by the health se-
curity program.
COMMUNITIES WrTHOUT DOCTORS
But the health care crisis in America
is not a matter of inflation and rising
costs alone. The crisis is also evident to
the 5.000 American communities that
have no doctor, and to patients who wait
in city hospital emergency rooms 6 or
8 hours for help because they have no
doctor or because they cannot reach him
after hours. This legislation sets a^ide
funds, establishes planning procedures,
and creates incentives to attract health
professionals and build facilities acces-
sible to every commimity-^and to allow
imaginative professionals Bp offer health
care in new ways designecf to meet the
special needs of these rural and urban
communities.
THE CRISIS OF DISORGANIZATION
The crisis is also evident' to patients
who spend hours waiting at the doctor's
office only to be sent to a laboratory for
tests, then waiting at a specialist's oflBce
perhaps only to be sent to yet another
laboratory for more tests, then perhaps
back to the first doctor or to a hospital
or a drugstore. Each stop involves wait-
ing, some involve traveling across town
and back, and some involve making ap-
pointments way in advance. All in all,
it can take days or weeks to complete the
process; it can cost extra dollars for
repeated t«sts and duplicate^ records,
and worst of all, it can discourage the
elderly, the firm, or the poor from
completing the course.
And the whole process is geared more
to responding to the patient for a spe-
cific disease, than to viewing the patient
as a whole with the intention of pre-
venting diseases and keeping him well.
The health security legislation en-
courages health professionals to reorient
their efforts toward preventative care,
and to offer more tightly organized forms
of health care to Americans who choose
it. It does this by building in long-term
economic incentives to professionals who
start health maintenance organizations,
foundations, and other new forms of
care — as well as offering the resources
needed to underwrite ithe startup ajid in-
itial operating losses of some organiza-
tions. ,.| [
THE CRISIS IN QtiKLlTY OF CARE
+.
The crisis is evident, too. to Americans
who suffer needlessly because they can
not get to the skilled sei\ ices or facilities
they need, or because they receive less
than the best quality care. The fact is
that the quality of health care varies
greatly in America. There is too much
unnecessary or ill-advised surgery per-
formed. There are too many missed
diagnoses. It is not necessarily due to
greed, to incompetence, or to careless-
ness. It is simply that our Nation is
trying to offer sopliisticated 20th cen-
tury medical care through 19th century
organizations.
We have citeated scores of new and
interrelated specialties but continue to
think the physician can operate on his
own with no ciose f^mal relations to
other physicians of* other specialties.
Most physicians practice solo or in groups
of the same specialty. The patients medi-
cal records, like his physicians, are scat-
tered all over town, and sometimes it is
the patient who decides what specialist
he needs for a given- problem. It seems
clear that, in this fragmented .system,
a patient is likely to be treated by the
specialist he chooses from the perspec-
tive of that specialty. A surgeon, for ex-
ample, is more likely to pursue a surgical
solution to a problem than would an In-
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CONGRESSIONAL RECORD — SENATE
January 4, 1973
tei nist. if other approaches are possible —
esiieciaUy if consultation between the
specialists is cumbersome and there is
real incentive to explore all possible
solutions. The delay and clumsiness of
erral and consultation can also lead
missed diagnoses — as can the absence
a complete medical record to the doc-
who is making the diagnosis.
VIoreover. we have for the most part
tinued to license health professionals
a once and for ail basis, while medical
kiiowledge has literally exploded during
ent decades. We have not reqiyred
continuing education of physicians whose
ining was completed decades ago — and
mt)re importantly, we have made mini-
1 efforts to establish continuing pro-
ms to meet these physicians" particu-
needs and problems.
This health security program estab-
li! hes national licensure and continuing
equcation requirements — as well as the.
for conducting these programs,
also establishes a National Quality of
re Commission in the Department of
;alth. Education, and Welfare to gather
sties, e.'^tablish guidelines, and set
ndards of qugjity based on the advice
health professionals and it strength-
s local peer review organizations to
iew services in their area in the light
these standards. The program further
e^ablishes referral requirements that as-
re a variety of treatments are consid-
before a patient is subjected to
"jthv or costly procedures. All of these
features are aimed at providing the in-
C( ntives and resources to health profes-
si snals to reorganize health care in a way
consistent with the enormous complexity
modern medicine — and assuring every
Ajmerican that he is getting the best
health care possible whenever he en-
c (unters our health care system.
T IE CRISIS OF INADEQL-ATE HEALTH INSXJRANCE
But perhaps the crisis in health care is
n ost obvious to Americans whose health
Lsurance has run out. who cannot get
insurance becau.se of their medical his-
t' )ry. or who simply cannot afford to buy
g x)d insurance. Many Americans of all
i: icomes have been bankrupted by health
c ire costs which continue after their in-
sirance runs out. They then join the
r inks of Americans whose medical his-
t )ry makes it impossible to buy good in-
sirance at all. and millions of other
mericans of low income who are not eli-
i ible for group plans and cannot afford
qecent insurance.
For these Americans who have no de-
(jent insurance every illness can turn into
financial disaster. Since every penny
domes out of an already limited income,
t tiey weigh every decision as to whether
cr not to seek a doctor — and sometimes
they wait too long and suffer needless
jjain.
There is no way to tell how many chil-
( ren grow up in America with needlessly
twisted limbs, dulled minds, or other
] landicaps simply because fear of the
( ost kept his parents away from the
( :octor for too long. There is no way to
' ell how many Americans suffer needless
: )ain and even early death simply because
i;ood health costs too much. It is clear,
]iowever. that these things can and do
:iappen all too often for a countrj- as
I advanced as America.
The problem is our hopelessly frag-
mented health insurance system which
encourages insurance companies in the
name of profit to exclude Americans who
need care the most, or to limit their pol-
icies to the most profitable benefits that
they can market. This crazy-quilt sys-
tem also frustrates the providers of care.
E>octors and hospitals are faced with
providing expensive services to millions of
Americans whose insurance may or may
not pay — knowing frequently that if the
insurance does not come through there
is little hope of the patient being able to
pay the bill.
The provider deserves a fair fee for his
services. The answer to our health in-
surance dilenuna is not to require the
provider to offer free care — it is to cre-
ate an insurance system thatr-»«sures that
ever>' American Ls covered for basic
health care. If we insist that health
professionals should ofTer help to every-
one who needs it. and Americans do in-
sist on that, then we should make sure
that every American is covered by an in-
surance policy that will pay the provider
a fair fee for his service.
Nor should insurance coverage influ-
ence the provider's method of treatment.
Too often providers are encouraged to
hospitalize a patient in ordPr that insur-
ance will cover the cost. InsiArance should
be comprehensive enough to oover what-
ever course of treatment the^physician
considers medically appropriate.
The health security program assures
this by covering all Americans with com-
prehensive health insurance coverage
from the Federal Government. When
this legislation is passed —
No American family will be bankrupted
by the cost of care;
No American will be kept from needed
care for fear of the cost;
Doctors and hospitals will not be
forced to write off bills or hire bill col-
lectors. They will bill one source on one
form and know in advance that they will
be paid; and
Providers will be freed to offer care in
the most medically acceptable way, with-
out regard to insurance coverage.
This program will free the patient to
seek health care, and it will free the
provider to be a physician and healer
rather than an accountant.
THE FEDERAL GOVERNMENT AS
INSURANCE CARRIER
The health security program makes
the Federal Government the insurance
agent for all Americans. This is essen-
tial to the program. It is essential in
order to assure that all Americans have
the same comprehensive insurance cov-
erage at a cost they can afford. It is
essential also to bringing about reform
in our health care system, because this
role as the insurance carrier is the lever
we need to control costs and improve
the way health care is organized and
delivered in our Nation. I say "we," be-
cause I conceive of this lever as an
instrument that providers and customers
of health care alike will use to estab-
lish the incentives and set aside the
resources necessary to bring about
change. This national program will be
shaped by the best thinking and in the
best interests of both providers and
consumers.
I believe that the private health in-
surance industry has failed us. It fail^
to control costs. It fails to control qual-
ity. It provides partial benefits, not
comprehensive benefits; acute care, not
preventive care. It ignores the poor and
the medically indigent.
Despite the fact that private health in-
surance is a giant $20 billion industry,
despite more than three decades of enor-
mous growth, despite massive sales of
health insurance by thousands of pri-
vate companies competing with each
other for the health dollar of millions of
citizens, health insurance benefits today
pay only 40 percent of the total cost of
private health care, leaving 60 percent
to be paid out of pocket by the patient
at the time of illness or as a debt there-
after, at the very time when he can least
afford it.
Nearly all private health insurance is
partial and limited. For most citizens,
their health insurance coverage is more
loophole than protection.
Too often, private carriers pay only
the cost of ho.spital care. They force doc-
tors and patients alike to resort to
wasteful and inefficient use of hospital
facilities, thereby giving further impetus
to the already soaring cost of hospital
care and unnecessary strains on health
manpower.
Valuable hospitr-.l beds are used for
routine tests and examinations which,
under any rational health care system,
would be conducted on an outpatient
basis.
Unnecessary hospitalization and im-
necessarily extended hospital care are
encouraged for patients for whom any
rational system would provide treatment
in other, less elaborate facilities.
There is no way we can use the private
health insurance industry to offer all
Americans the protection they need.
There is no way the Nation can use this
industry as a lever to encourage change
and reform in the health care .system.
It is for the^e reasons that this legis-
lation proposes to make the Federal Gov-
ernment the health insurance agent in a
national program of health security,
GUARANTEES TO THE N.^TIONS DOCTORS AND
OTHER PROVIDERS
America's health professionals are the
backbone of health care in the Nation.
Without their strong and creative efforts,
we will never solve any of our health
care problems in America. I intend to
protect the rights of America's providers,
and a.ssure them their rightful leader-
ship role in any efforts Congress makes
to improve our health care system.
The health care crisis in our Nation
is as apparent to providers as to the
patient. Providers are concerned with
disorganization of services, with quality
of care, with inadequate and fragmented
insurance coverages, and with the sliort-
age and maldistribution of health pro-
fessionals and facilities. These problems
frustrate providers' attempts to serve the
people who need care the most. They
involve them in a tangle of cumbersome
referrals and cross-referrals. They oc-
casionally have Mm without proper fa-
cilities and associates. And the insurance
redtape frequently turns the physician
into a bookkeeper.
The health security program does not
January 4, 1973
CONGRESSIONAL RECORD — SENATE
119
aim at taking responsibility for it;'for n
away from the providers. Rather, it offers
providers the incentives and resources
they need to bring about the reform both
they and their patients so badly need.
Indeed, the program creates a lever
which I hoi^e providers will help to use
responsibly to bring about change.
The program's intent is to in fact free
providers of some of the constraints that
limit them. For example,
The Health Security Act allows all
varieties of medical practice — whether
solo, fee-for-service practice; or prepaid
gi-oup practice; or anything in between.
It is not the program's intent to stifle
any fonn of practice. Instead, we w^ant
to encourage all forms of practice that
improve efficiency and quality.
Let me offer a series of guarantees to
protect the fundamental principles im-
portant to American physicians.
The first guarantee is that the Federal
Government in this Nation must not own
the hospitals or employ the physicians. I
do not want to build a British health care
system in the United States. I do not
want socialized medicine in America.
I believe in maintaining the free enter-
prise system in this country and in
American medicine. In fact, I would like
to see even more variety, and more com-
petition in the health care system be-
tween different forms of health care. I
look forward to a day when physicians
can practice in solo practice, in HMO's,
in medical foundations, in large groups,
or in any other way that is efficient and
beneficial to the patients and doctors,
too. I believe we can create a uniquely
American health care system that will
preserve free enterprise for the doctors,
and still offer your patients the financial
support and adequate care they need.
My second guarantee is that we must
not r*nove the freedom of every physi-
cian to choose where and how he pro-
vides health care. Just as we must not
remove the freedom of the patient to
choose how he receives that care. I do not
want to "hijack" medical students into
particular specialties or locations be-
cause that is what an almighty govem-
ment says they should be trained for or
where they should be sent. We will never
produce decent health care by meth-
ods such as that.
What we must do is create every pos-
sible incentive, every possible attraction
to young physicians to enter fields of
practice and sections of the country
where the need for health is not being
met today. We must create new patterns
of care and take every possible step to as-
sure that where the need is greatest, the
opportunity for a rewarding professional
career is also greatest.
Nor do I want Americans to be as-
signed as patients to one physician or
another, or to one organization or an-
other fur their health care. In sum, I
want Americans to have maximum
choice in this regard. Only in this way
can we produce a system that is „ fair
to doctors and patients alike.
My third guarantee is that the Fed-
eral Government nmst not make medi-
cal judgments or interfere in the clini-
cal decisions between a doctor and his
patient. What w'e must do is encourage
physicians to take the actions necessary
to assure Americans that they are re-
ceiving the finest possible care that
American medicine can offer.
My fourth guarantee is that we must
not create an overarching Federal agency
in Washington, teljing every area and
community in this Nation exactly how
they must offer health care. What
we must do is to set national guidelines
and standards, within which local agen-
cies can develop the best possible health
care programs for the doctors and pa-
tients in their areas.
I subscribe completely to these guaran-
tees, and I am confident that they will
be at the heart of any national health
care legislation which Congress may en-
act.
COMPARISONS Wr^H OTHER NATIONS
The know-how exists to create a better
organized system of health care in
America. Other nations have in fact gone
ahead of us in this regard. The United
States is the only major industrial na-
tion in the world without a system of
national health insurance or a national
health senice. Wliije none of these sys-
tems seem suited to America's values
and society, they have, in fact, succeeded
in moving their nations ahead of our
country in many imiiortant areas.
In infant mortality, among the major
industrial nations I of the world, the
United States today frails behind 14 other
countries, including pll the Scandinavian
nations, most of the British Common-
wealth. Japan, and jEast Germany. Half
of these nations were behind us in the
early 1950"s.
We trail six other n'-<tions in the per-
centage of mothers \iho die in childbirth.
In the early 19,50's,l we had the lowest
rate of any industriajl nation.
Tragically, the infant mortality rate
for nonwhites in the United States is
nearly twice the rate for whites. And
nearly five times bs many nonwhite
mothers die i!i childbirth as whites —
shameful evidence of the ineffective pre-
natal and postnatal care our minority
groups receive. |
The story told b>l other health indi-
cators is equally (Jismal. The United
States trails 27 other nations in life ex-
pectancy for males at age 45. and 11
other nations in life expectancy for fe-
males. '
In fact, our Nation has the potential
for higher levels of health than any of
these nations because of our far vaster
health care resources, and the brilliant
record of American gjedical research. I
believe the health security program is a
uniquely American approach to organiz-
ing health care that will capitalize on
these strengths and preserve the basic
values of doctor and patient alike.
THE DtVFLOPMENT OF THE HEALTH SECURITY
PROGRAM
Walter Reuther, the late president of
the United Auto Workers, was among
the first to see that financing programs
like medicare and medicaid or extensions
of private health insurance could not
resolve the crisis of disorganization and
the spiraling cost of health care. Walter
Reuther understood that the Nation
needed to take a bold step forvvard. In
November 1968, he announced the forma-
tion of the Comniittee of One Hundred
for National Health Insurance. As he
said, in establishing the mandate of the
committee :
I do not propose that we borrow a national
health insurance system from any other na-
tion. No nation has a system that will meet
the peculiar needs of America. I am con-
fident that we have in America the ingenuity
and the social Inventiveness needed to create
a system of national health insurance that
will be uniquely American — one that VviU
harmonize and make compatible the best
features of the present system, with maxi-
mum freedom of choice, within the econo!mic
framework and social structure of a national
health insurance system. | '
Joining Walter Reuther on that com-
mittee were Dr. Michael E. deBakey.
president of Baylor College of Medicine;
Mrs. Mary Lasker, president of the Al-
bert and Mary Lasker Foundation: Mr.
Whitney M. Yoimg, Jr., executive direc-
tor of the National Urban League: and
other outstanding citizens from the fields
of medicine, public health, industry,
agriculture, labor, education, the social
services, youth, civil rights, religious
organizations, and consumer groups. I
have had the honor of serving on that
committee, along with my Senate col-
league WiiLiAM Saxbe, and my former
colle»g«€s! Ralph Yarborough and John
Sherman Cooper.
In its efforts over the' past 4 ye^irs.
the committee has worked to develop a
sound program for improving the orga-
nization, financing and delivery of health
services to the American people. The
committee's deliberations were based up-
on the premise that progress toward a
more rational health system should be
orderly and evolutionary. The members
of the committee felt that a better sys-
tem of health care for America should
rest upon the positive. motivations and
interests of both consumers and provid-
ers of health services. They believed that
no system could succeed if it were im-
posed by fiat through rigid legislation
and administrative regulations.
Throughout its deliberations, the com-
mittee has been guided by the work of its
distinguished technical subcommittee,
chaired by Dr. I. S. Falk. professor emer-
itus of public health of Yale University
and the most eminent authority in the
field of health economics in the Nation.
The committee consulted extensively
with representatives of professional as-
sociations, consumer organizations, labor
unions, business groups, and many other
interested organizations. The health se-
curity program is the result of these ef-
forts, and'^t gives careful consideration to
the recommendations of all of these
groups.
In August 1970. Senators Cooper.
Saxbe. Yarborough. and I, together with
11 other Senators, introduced the origi-
nal version of the health security pro-
gram as S. 4297 in the 91st Congress.
At the time the bill was originally in-
troduced, Congresswoman Martha Grif-
FriHs of Michigan had already intro-
duced legislation in the House of Repre-
sentatives to create a national health in-
surance program similar in overall con-
cept to the health security program, and
her bill had received the strong endorse-
ment of the AFL-CIO, under the leader-
ship of President George Meany.
These two bills were combined into a
strong new Health Security Act of 1971,
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CONGRESSIONAL RECORD*^ lEN ATE
January ^,
1973
wHich was introduced in the 92d Congress
as S Z and H.R. 22. Both the Senate Fi-
nance and House Ways and Means Com-
ttees held hearings on this program,
their chairmen have indicated their
ent to take further action on national
hejalth insurance in this 93d Congress.
Tl!E HEALTH SECURITY ACT OF 1973
The revised Health Security Act of
19 73 is the product of this long and ardu-*
OLs process of refinement. Improvements
hi ve been made in the areas of dental
benefits and long-term care in the
h( me — as well as in the program's qual-
il;- controls. Other refinements lighten
tl e program's ta.\ burden on the elderly.
Essentially, however, this new bill re-
tains the basic principles of the bill in-
troduced in the 92d Congi-ess. I am con-
vi:iced that this 93d Congress will turn
pnmary attention to the area of health
a re. and will go down in history as the
Health Congress. I commend this health
.'ic cuiity program t j my colleagues'
tention.
For my colleagues' benefit, I ask unan-
inous consent to have printed in the
Record a description of the major pro-
,ions of the bill and a section-by-sec-
tlon ana'.y.5is.
The PRESIDING OFFICER. 'Without
otjection. it is so ordered.
aJajor Provisions of the Health Security
Program
The Health Security prcgram is intended to
conipre.ie:.sive and extensl\e. At Vre coll-
ision of my reni..rks in tht Congressional
c.rd. I will incli'.de a section-bv-secticn
lalysis of the b;'.l and the text of the bill
=ek. s-jtl.at the details of its provisions may
■ widely avpilable to all. At this time, how-
er. I would like to call attention to its main
jvlSKins:
BASIC principle
B.151C principle — The basic principle of the
Health Security program is two-fold: to es-
olish a system of ccm-re'iensive n'llionnl
•alth irsurancs for the United States, capa-
e o! brins-'ir^s the sime high quality health
re to eveI^• resident; and. to use the pro»
:im to bring about major improvements in
e rirganization and delivery of health care
the Nation.
The Health Security program does n.ot en-
sage a national heaUh service. In which
overnmeut owns the facilities, employs the
ersonni'l. ard manages all the finances of
le health care system. On the co-^trn.rv'. the
I rogram proposes a working partnershici be-
tlveen the public and private sectors. There
-.11 be Government financing ai^d adminis-
ative management, accompanied by private
TJrovision of ners:inal health services through
; rivate practitioners.' i:istitutlons, and other
^r.Tviders of health care.
Persons eliglta'le for be.ieflts — Every ind!-
;lidual residing in the United States will be
t liglble to receive benefits. There will be no
I ?q'.urement cf past individual contributions.
s in Social Security, or a means 'est, as In
'- tedicaid.
Starting date for benefits — July 1, 1975.
"he 2-year tooling-up period prior to that
( ate will be used to prepare the health care
■Ivstem for the t5rogram.
Covered benefits — With certain modest
1 nutations, the urogram will provide compre-
hensive health benefits for every eligible per-
j -in. The benefits available under the program
1,111 cover the entire range of per?o.ial health
care services, including the prevention afiA
I arly detection of disease, the care and treat-
nent of illness, and medical rehabilitation.
■ "here are no cutoff dates, no coinsurance, no
ileductibles. and no waiting periods.
For example, the program provides f ixf cov-
erage for physicians' services. inpatlSiit and
outpatient hospital services, and home health
services. It also provides full coverage for
6ther professional and supporting services,
such as optometry services, podiatry services,
devices, and apnllances, and certain other
services under spsclfled conditions.
The four limitations in the otherwise un-
llrnlted scone of benefits are dictated by In-
adeqiipcies in exisdng health resources or In
management poteiitials. T'ney deal with nurs-
ing home care, psychiatric care, dental care,
and t^rescript'cn drugs, as follows:
Skilled nursin;; '^->me care is limited to 120
days per benefit period. Tlie period may be ex-
tended, however, if the nurs'ng home is
owned or managed by a 'nospltal, and pay-
ment for care Is made through the hospital's
budget.
Psychiatric hospitalization Is limited to 45
cOnsec'fiv? dnv.=-. of active rrcitmei t during
a benefit period, and psychiatric consulta-
tions are limited to 20 visits durin?? a benefit
perid. T"-:ese lim ts do not apply, however,
v/hen benefits are provided through health
mainte:'ance organizations or comprehensive
mental heaUh care organizations.
Dental care is restricted to children
throttgh age 15 at the outset, with the cov-
ered age group ircreaslng annually until
persons through age 25 are covered. Within
five years, the Board will establish a sched-
ule for phr-sing in coverage of the entire
adult population.
Prsscribed drugs are limited to those pro-
vided through hospital In-patient or out-
patient departments, or through organized
patient care programs, (such as health main-
tenance organizations or professional fourda-
tions). F^r other ratlents. coverage extends
only to drugs required for the treatment of
chronic or long-term Illness.
Inevitably, simply stating these four limi-
tations gives thena a prominence they do not
deserve. In all other respects, covered health
ser 1-cs will be a-allab!e without lln)it. In
accordance with medical need.
Administration — The administration of the
Health Security program will be carried out
by a five-memiDer full-time Health Security
Board, appointed by the President with the
advice and consent of the Senate. Members
of the Board will serve 5-year terms, and
will be under the uuthorlty of the Secretary
of Health. Education, and Welfare.
A statutory National Advisory Council will
a.ssist the Board in the development of gen-
eral policy, the formulation of regtilations,
and the allocation of funds. Members of the
Council will include representatives of both
providers and consumers of health care.
A Commission on the Quality of Care, en-
joying equal administrative states with the
Board, will develop Information regarding
norms of care and regulaUons to safeguard
the quality of services paid for by the Board.
Field administration of the program wUl
be carried out through the 10 existing HEW
regions, as well as through the approximately
100 health subareas that now exist as nat-
ural medical delivery networks in the Na-
tion. Advisory councils on matters of ad-
ministration will be established at each of
these levels. However, the Beard will guide
the overall performance of the program. It
wll? coordinate Its functions with State and
regional planning agencies, and it wUl ac-
count for its acti.ities to Congress.
Financing the program — The progjram will
be financed through a Health Security Trust
Fund, similar to the Social Security Trust
Pur;d. Income to the Fui'd will derive from
four sources:
Fifty percent from general Federal tax
revenues;
Thlrty-slx percent from a tax of 3.5 per-
cent on employers' payrolls:
Twelve percent from a tax of 1 percent
on employees' wages and unearned Income
up to $15,000 a year;
Two percent from a tax of 2.5 percent on
self-employment income up to $15,000 a
year.
Persons over age 60 may exempt $3,000 In
unearned Income from the 1% tax on In-
come.
Employers may pay all»or part of their
employees' health security taxes, In accord
with arrantjements established under coUec-
tlve-bargfilnlng agreements.
Payment mechanism — The essence of the
payme:it mechanism and the central cost
control feature of the program Is that the
health care system as a whole will be an-
chored to a budget established in advance.
A given amount of money will be made avall-
abls ftir the program each year, 'oased on the
available estimates of the needs to be met
and the services to be provided, with due
regard for the resources of the system. As In
every area of our economic life, the health
care" system will be obliged to live within
Its budget. In this way we can end the un-
acreptaole escal.tlon of costs within our
present system. In this way we can end the
long financial binge In which health care
has had a signed blank check on the whole
economy of the Nation.
Each year, the Health Security Board will
make an advance estimate of the total
amount needed for expenditure from the
Trust Fund to pay for health care services
In the program. The Board will allocate
funds to the several regions, and these al-
locations win be subdivided among cate-
gories of services in the health subareas. Ad-
vance estimate?, constituting the program
budgets, will be subject to adjuatmeuts in
accordance with guidelines in the act. The
allocations to regions and to subaraas will
be guided Initially by the available data on
current levels of expenditure. Thereafter,
they will he guided by the program's own
experience in making expenditures and in
assessing the need for equitable health care
throughout the Nation.
Compensation of drctors. hospitals, and
other providers — Providers of health .services
will be compensated directly by the Health
Security program. Individuals will not be
charged for covered services.
Hospitals a. id other institutional providers
will be paid on the bnsls of aporoved arospec-
tive budgets. Independent practitioners, in-
cluding physicians, dentists, podiatrists, and
optometrists, may be paid by various meth-
cds which they may elect: by fee-for-service,
by capitation payments, or in some cases by
retainers, stipends, or a combination of such
methods. Health maintenance orgpnizatlons
will b? paid by capitation. Other independ-
ent providers, such as pathology laboratories,
radiology services, pharmacies, and providers
of applicances, will be paid by methods
adapted to their special characteristics.
Drus; addiction and alcoholic treatment
centers are specifically Included as eligible
providers of services under the proeram.
. Resources Development Fund — an essen-
tial feature of the program Is the Resources
Development Fund, which will come into
operation two years "oefore benefits begin. In
the fir.st year of this "tooling up" period, $200
mllllo;-! will he appropriated for the fund: in
the second year, $400 million will be made
available. Once the program ioeneflts begin,
up to 5 percent of the Trust Fund — about
$3 billion a year— will be set aside for re-
sources clevelooment. The.se funds will be
iLsed to support innovative health programs,
particularly in areas like manpower, educa-
tion, training, medical and dental group
practice development, and other means to
improve the delivery of health care. The
principal attribute of the Fund i.s that it
can be used to channel far more money into
areas like education and training than is
possible under the existing system of con-
gressional authorization and appropriation
for ongoing programs.
Quality Control— The Health Security pro-
January J^, 1973
CONGRESSIONAL RECORD — SENATE
J21
gram includes various provisions designed to
safeguard the quality of health care. The
program will establish national standards
more exacting than medicare for participat-
ing individual and Institutional providers.
Independent practitioners will be eligible to
participate If they meet licensure and con-
tinuing education requirements. Specialty
services will be covered if. upon referral, they
are performed by qualified persons. Hospitals
ar.d other institutions will be eligible for
participation if they meet national stand-
ards, and if they establish utilization review
and affiliation arrangements.
Compliance witli these standards will be
monitored by the Quality Control Commis-
sion. The Commission will recommend new
or revised standards PS necessary.
Incentives — Financial, professional and
other incentives are built Into the pro-
gram to move the health care delivery sys-
tem toward organized arrangements for pa-
tient care, and to encourage preventive care
and the early diagnosis of disease.
In the area of health manpower, the pro-
gram u ill supplement existing Federal pro-
grams. It will provide incentives for health
maintenance orga;ilzatlons 'and professional
foundations, encourage the efficient use of
personnel in short supply, and stimulate the
progressive broadening of health services. It
will provide fvinds for education and train-
ing programs, especially for members of mi-
nority groups and those disadvantaged by
poverty. Finally, it will provide special sup-
port for the location of increased health per-
sonnel in urban and rural poverty areas.
Relation to existing program.? — various
Federal health programs will be superseded.
In whole or In part, by the Health Security
program. Since persons of age 65 or over will
he covered by the program, medicare under
the social security svstem will be terminated.
Federal aid to the States for medicaid and
other Federal programs will also be termi-
nated, except to the extent that benefits
under such programs are broader than under
the Health Security program. Hov.ever, the
bill does not affect the current provisions
for personal health services under the Vet-
erans Administration, temporarv disability,
or workmen's compensation programs.
Cost of the program and Federal revenue
sharing — on the basis of data available for
the fiscal year 1972, a total of $50 billion
was expended for health care benefits that
would have been covered by the Health Se-
curity proprani had the program been in
effect for that year. In other words, if the
Health Security program had been In effect
in 1972. the cost of the program would have
been $50 billion.
The $.50 billion figure represents approxi-
mately 67 percent of the total actual ex-
penditures for personal health care In the
United States for that year. These expendi-
tures con.=lst of $31 billion in private health
in-iurance payments and private out-of-
pocket nayments. $12 billion in payments by
the Federal Government, and $4 billion in
payments bv State and local governments.
The cost of the health security program
has been the source of enormous confusion
and misunderstanding since the original
version of the Health Security Act was Intro-
duced last year in the 91st Congre'js. The
crucial point is that in no sense does the
hypothetical $50 billion price tag for the
Health Security program In 1972 represent
new money. Rather, this Is what Americans
are already paying for personal health care
under the existing system.
Thus, the Health Securl'y program Is not
a new layer of Federal exnendltures on top
of existing public and private spending for
health care. Instead, the Health Security
program simply redistributes the health ex-
penditures that are already being made. Al-
though, of course. Federal expenditures In
1972 would have risen from $12 billion under
the existing system to $50 billion If the
Health Security program had been In effect,
Individuals and organizations throughout
the Nation would have been relieved of $34
billion of private health Insurance expenses
and out-of-pocket payme^its for health care,
and State and local governments would
have been relieved of $4 billion, representing
costs Incurred largely in medicaid and other
public assistance programs, and in city and
county medical programs.
In a very real sense, therefore, the Health
Security program is a dlfect form of Federal
revenue sharing. It offers $4 billion in sub-
stan'.lal and Immediate Federal financial re-
lief to State and local governments, thereby
freeing scarce State and local funds for other
urgently needed purposes.
Over the long run, by revitalizing the
existing health care system and ending the
excessive Inflation in the cost of health care,
the Health Security program will be far less
expe;ibi\e than the amount we will spend if
we simply allow the present system to con-
tinue.
Even at the beginning, moreover, the
Health Security program will provide more
and better services without Increasing the
cost, since the inltJal savings achieved by
the program wiil "oe Sufficient to offset the
cost of the increased services. In other words,
from the day the Health Security program
begins, we will guarantee our citizens better
value for their health dollar, and achieve a
substantial moderation of the current ex-
orbitant inflation in health costs. Even In
the first year of the Health Security program,
the comprehensive health services provided
wUl be available for the same cost we would
have paid for the partial .".nd inefficient serv-
ices of the existing system.
In 1972 for example, spending for health
exceeded $83 bUlion. For the first time In
our history, expenditures for health rose
above 7.5 percent of our gross national prod-
uct. If we continue to do nothing, the annual
cost will exceed $120 billion In only 3 years.
Section-by-Section Analysis of the
HrALTII SECtTRITY ACT
TITLE I l-TEALTH SECURITY BENEFITS
Part A — Eligibility foT benefits
(Sections 11-12.) B\'ery resident of the U.S.
(and every non -resident citizen when In the
U.S.) will be eligible for covered services.
Reciprocal and "bviy In" agreements will per-
mit the coverage of grctips of non-resident
aliens, and In somej cases benefits to U.S.
residents when visiting In other countries.
Part B — Nature and scope of benefits:
covered services
(Section 21.) Every eligible person is en-
tricJ to have p&^m^nts made by the Board
for co-ered scrvicei provided within the
United States by a participating provider.
(Section 22.) .AUanecessary professional
services of physlclarffi (Including preventive
care I are covered wherever furnished, with
one exception. Psychiatric services to an am-
bulatory patient are covered only for ac-
tive preventive, diagnostic, therapeutic or
rehabilitative service with respect to mental
illness. If the patient seeks care In the or-
ganized setting of a health maintenance or-
ganlration, a hospltil out-patient clinic, or
oUier comprehensive mental health clinic,
there is no limit o!i the number of consulta-
tions. In these kinds of organized settings,
peer revliw and budgetr.ry controls can be
expected to curtail tinncressary utilization.
If the patient is Consulting a solo prac-
titioner, there is a limit of 20 consultations
per benefit period, jln communities where
psychiatric services are In especially short
supplv the Board may prescribe referral or
other non-financial conditions to give per-
sons most In need of services a priority of
access to solo practitioners.
(Section 23.) Comprehensive dental serv-
ices (exclusive of most orthodontia) are cov-
ered for children under age 15. with the cov-
ered age group Increjaslng by two years each
year until all those under age 25 are co.-
ered. (Persons once covered remain covered
for the rest ol their lives). This benefit is
limited Initially because, even with full use
of dental auxiliaries, there Is Insufficient
manpower to provide dental benefits to the
entire population. How-ever. the Board is au-
thorized to expand the benefits more rapidly
If availability of resources warrant and the
Board is required, within seven years of the
effective date of the legislation, to establish
a time table for phasing In benefits for the
entire population. To encourage the develop-
ment of groups which provide comprehensive
medical and dental services or comprehensive
dental services the Board is authorized to
phase in full dental benefits more raipidly
for the enrollees of . those groups than for
the general population.
(Section 24.) Inpatient and outpatient
hospital services and services of a home
health agency are covered on the duration of
the services, and skilled nursing home serv-
ices are covered for limited periods Pathol-
ogy and radiology services are specifically In-
cluded as parts of institutional services, ihvs
reversing the practice of Medicare. Doml'.ili-
ary or custodial care Is specifically excluded
in any institution, thus necessitating the two
Important restrictions on payments for In-
stitutional care:
( 1 ) Payment for skilled nursing home care
is limited to 120 days per benefit period ex-
cept this limit may be increased when the
nursing home is owned or managed by a hos-
pital and payment for care is made through
the hospital's budget. It i$ not practical to
■assume that the malority of nursing hemes
and extended care facilities in the country
will be able to implement elective utilization
review ar.d control pla.ns in the first years of
Health Security. The demajid for essentially
domiciliary or custodial care In nursing
homes is so overwhelming that an initial ar-
bitrary limit on days of coverage is necessary.
Exte.isiou of the benefit isi authorized when
this becomes feasible.
(2) Many state hospitals do not provide
optimal active treatment tq their psychiatric
patients but rather maintain them in a cus-
todial settl'-.g. If Health Security provided
unlimited coverage for patients In these hos-
pitals, it mlgin tend to freeze the level of
care Instead of stimulating these institutions
to upgr.^de their medlcai-qare performance.
Therefcre the psychiatric hospital beneifit Is
limited to 45 days of acf ire treatment dtiniig
a benefit periKl.
(Section 25.) The bill provides coverage
for two categories of drug use: preFcribed
medicines administered to Inpatients or out-
patients within participating hospitals and
skilled i.'ursiiig homes or enrollees of health
maintenance organizations and professional
foundations, and drugs necessary for the
treatment of sp>ecified chronic lllnes.ses or
conditions requiring long or expensive drug
therapy. This will provide coverage of most
drug costs for individuals who require costly
drug therapy. j
T'ne bill requires the Board and the 'Sec-
retary of HEW to establish t^o lists ot ap-
proved drv.gs. taking Into account the effi-
cacy and cost of each drug. TTiere will be a
broad list of approved medicines available
for, tise In Institutions and by health main-
tenance organizations ai^d professional foun-
dations and a more restricted list which !s
available for use outside such organized
settings. The restricted list shall stipulate
which drugs on it shall be available for treat-
ment of each of the specified chronic dis-
eases. No such restrictions shall be placed
upo'i drug therapy within an Institutional
setting.
Use of the restricted list will meet the most
costly needs for drug therapy while restrain-
ing unnecessary utilization. The benefit Is
more liberal where adequate control mech-
anisms exist.
(Section 26.) The appliances benefit Is
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January ^, 1973
sin liar In! corcept and operation to the drug
bejefit. subject to a limitation on aggregate
The Board shall prepare lists of ap-
devices. appliances or equijjment
l^ch it finds are important for the malr.te-
ce or restoration of health, employabllity
self-management (taking into consldera-
:he reliability and cost of each Item) .
Boarrl will also specify the circumstances
the frequency with which the Item may
prescribed a; the cost of the Health Se-
ll,.- Program.
Section 27.) The professional services of
om^tristo and podiatrists are covered, sub-
to regulations, as are dlfignostlc or thera-
tlc lalxjratory or radiology services. The
e or a psychiatric patient in a mental
th day care service is covered for up to
d.iys (day care benefits are unlimited if
liiohed by a health maintenaiice organlza-
profes'slonal foundatlou or by a ccm-
nity mental health center). Ambulance
other emergency transportation services
covered, as well as non-emergeucy serv-
where (as in some sparsely settled areas)
nspDrtation Is essential to overcome spe-
1 difficulty of access to covered services.
Supporting services such as psychologl-
. physiotherapy, nutrition, social work
health education are covered if they
part of institutional services or are fur-
i ihed by a health maintenance organlza-
n. professional foundation or certain pub-
or non-profit agencies. This establishes
important principle that these and
er supporting services should be provided
part of a coordinated programs of health
inter.anee and care. Psychologists, physi-
therapisrs. social worlcers. etc. will not
permitted to establish independent prac-
and bill the program on a fee-for-serv-
basis. This is intended to assure that
lenever servloes of this nature are pro-
i ied they are part of an organized plan of
tment and germane to the over-all care
the patient.'
(Section 28*) Health services fvirnlshed or
id fcr under a workmen's compensation
.v are not covered.
School health services are covered only to
extent provided in regulations.
The Board may exclude from coverage
rrjedlcal or surgical procedures which are
ially experimental in nature. Indlvl-
lals who enroll in an HMO or enroll them-
ve.s with a primary practitioner accepting
itation payments are not entitled to seek
ered services from other providers of
vices (except as specified In regulations).
rgery primarily for cosmetic purposes Is
luded from coverage.
The services of a' professional practitioner
not covered If they are furnl.shed in a
hbspltal which Is not a ^tlclpatlng pro-
der This is Intended to 4iscourage physl-
n.'s from admitting patlehts to hospitals
ich cannot or will not meet standards for
iclpation in the program.
.ART C P.ARTICIPATING PROVIDERS OF SERVICES
(Section 41.) Participating providers are
quired to meet standards established In
Is title, or established by the Board under
H relating to quality of care. In addl-
n. they must agree to provide services
Ithout (discrimination, to make no charge
the patient for any covered services, and
furnish data necessary for utilization re-
lev.- by professional peers, statistical studies
the Board and by the Commission on
Quality of Health Care, and verification
information for payments.
(Section 42ia).) Professional practltloiiers
censed when the program begins are eli-
dible to practice In the States where they
are licensed. All newly licensed applicants
tDT participation must meet national stand-
ards established by the Board In addition
to those required by their State. WhUe stop-
[ Ing short of creating a Federal licensure
system for health professionals, this will
arantee minimum national standards. A
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state-licensed practitioner who meets na-
tional standards will be qualified to provide
Health Security covered services in any
other state. (See also Section 56(a)(1)).
(b) for purposes of this title a doctor of
osteopathy Is a physician, as is a dentist
when performing procedures which. In gen-
erally accepted medical practice, may be per-
formed by either a physician or a dentist.
(Section 43.) This section establishes con-
ditions of participation for general hospitals
similar to those required by Medicare. Two
requirements not found In the Medicare pro-
gram are: (1) that the hospital must not
discriminate In granting staff privileges on
any grounds unrelated to professional qual-
ifications: (2) that the hospital establish
a pharmacy and drug therapeutics commit-
tee for supervision of hospital drug therapy.
Medicare allows any hospital accredited by
the Joint Commission on the Accreditation
of Hospitals (If It provides utilization re-
view) to participate In the program, thus In
effect delegating to the Commission the de-
termination whether the standards are met.
This title requires all participating hospi-
tals to meet standards established by the
Board.
(Section 44.) Psychiatric hospitals will be
ellffdiTe to participate only If the Board finds
thfet the hospital (or a distinct part of the
hotoital) Is engaged In furnishing active dl-
agiistlc, therapeutic and rehabilitative serv-
Icejf to mentally ill patients. Psychiatric hos-
plfils are required to meet the same stand-
arrfe as those prescribed for general hospitals
in Section 43. and such other conditions as
the Board finds necessary to demonstrate
that the institution Is providing active treat-
ment to its patients. These standards will
include costs Incurred by state mental In-
stitutions to the extent they serve domlcill-
arv or custodial functions.
(Sections 45 and 46.) Section 45 estab-
lishes conditions of participation for skilled
nursing homes similar to those established
for skilled nursing facilities under Medicare.
Important differences, however, are the re-
quirement for affiliation with a participating
hospital or health maintenance organization
(see Section 52(b) ), and changes In the re-
quirements for utilization review (see Sec-
tion 51). Under section 46 participation by
home health agencies will be limited to pub-
lic agencies and non-profit private organi-
zations— proprietary home health agencies
are specifically excluded.
(Section 47.) Subsection (a) describes a
health maintenance organization which un-
dertakes to provide an enrolled population
either with complete health care or, at the
least, with complete Health Security services
(Other than mental health or dental serv-
ices) for the maintenance of health and the
care of ambulatory and institutionalized pa-
tients. The bill, in Its aim to Improve the
methods of delivery of health services', places
much emphasis on the development of new
organizations of this kind and the enlarge-
ment of old ones.
This section is designed to accommodate
forms of organization typical of existing pre-
paid group practice plans. The basic essen-
tial Is the assumption of responsibility for a
comprehensive range of services on a con-
tinuing and coordinated basis to a group of
persons who have chosen to receive all or
nearly all of their health care from the
organization.
Other requirements are spelled out In this
section: The organization must furnish
medical services (and dental services If they
are Included) through prepaid group prac-
tice. Other services must be furnished by
staff of the organization or by contractors
for whom the organization assumes respon-
sibility, except that institutional services
may be provided by arrangements with other
participating providers at the expense of
the health maintenance organization. The
organization must be nonprofit, but it may
utilize proprietary providers in fulfilling its
responsibilities.
All persons living In or near a specified
service area will be eligible to enroll dur-
ing an annual open enrollment period, sub-
ject to the capacity of the organization to
furnish care. Services must be reasonably ac-
cessible to persons living within the speci-
fied service area. Periodic consultation with
representatives of enrollees is required, and
they tmust be given opportunity to parti-
cipate in policy formulation and In evalua-
tion/Of operation. Professional policies and
their effectuation, including n-;onItoring the
quality of services and their utilization, are \
to be the responsibility of a committee or
committees of physicians ( and other health
professionals where appropriate). Health
education and the use of preventive services
must be stressed, and lay persons are to be
employed so far as Is consistent with good
medical practice. Charges for any services
not covered by Health Security must be
reasonable. Finally, the organization must
agree to pay for services furnished by other
providers In emergencies, either within the
service area of the organization or elsewhere,
but may meet this requirement to the ex-
tent feasible through reciprocal service ar-
rangements with other organizations of like
kind.
Subsection (b) makes clear that the or-
ganization, or professionals furnishing serv-
ices for it, may also serve non-enroUees. with
payment to be made to the organization, or,
at Its request, to such professionals.
(Section 48.) A professional foundation
must be a nonprofit organization, sponsored
by a county or other local medical society,
which meets all the conditions for participa-
tion by a health maintenance organization
other than the requirement of group prac-
tice. All physicians practicing In the area
(and all dentists If dental services are fur-
nished) must be permitted to become pro-
fessional members, subject only to criteria,
approved by the Board, relating to profes-
sional qualifications. For professional serv-
ices to enrollees, professional members may
be compensated by the foundation by what-
ever method. Including fee-for-servlce, may
be agreed upon by It and its members.
Subsection (b) provides that a professional
member may furnish services to persons not
enrollVo in the foundation and receive pay-
ment from the Board on the same basis as
independent practitioners, except that if he
is paid by capitation, salary, or stipend by
the foundation, the payment for services to
nonenrollees Is to be made to the founda-
tion.
(Bectlon 49.) This section deals with
several classes of health organizations that
vary widely, even within a single class, in
their structure and In the scope of the
services which they offer. Because statutory
specifications cannot well be tailored to so
many variables, the section sets forth only
a general statement of the kinds of organi-
zations to which It relates and leaves parti-
cipation of each organization to a case-by-
case decision of the Board, on such terms
as the Board deems proper.
Subsection 49(a) (1) permits the participa-
tion of community health centers or the like
which, though furnishing a broad range of
ambulatory services, do not serve an en-
rolled or otherwise predetermined popula-
tion and may not meet some other require-
ments of section 47(a). Subsection (a) (2)
authorizes the Board to deal separately with
the primary care portion of a system of
comprehensive care where It is neces.sary to
rely on arrangements with other providers.
rather than on a unified strticlure. to round
out the other elements of the system. Where
organizations meeting the extensive require-
ments of section 47(a) or 48(a) are not avail-
able, these two paragraphs of section 49(a)
will give the Board flexibility in furthering
one of the bill's prime objectives, the de-
velopment and broad availability of compre-
Jamianj J^, 1973
CONGRESSIONAL RECORD — SENATE
123
henslve services furnished on a coordinated
basis.
Because of the extent to which mental
health services are separated from other
health care, subsection (a)(3) permits the
Board to contract directly with public or
other nonprofit mental health centers and
mental health day care services.
If a State or local public health agency Is
providing preventive or diagnostic services,
such as immunization or laboratory tests, the
Board may under subsection (a) (4) contract
with it for the continuance of these services.
In the field of private practice, physicians
or dentists or otl-ier practitioners may group
themselves in a clinic, nonprofit or proprie-
tary. In a dental foundation, or in any num-
ber of other ways, and it may be more con-
venient both to them and to the Board to re-
gard them as an entity than to deal with
each practitioner separately. Subsection (a)
(5) permits this. The Board will have wide
discretion in contracting with such entities
subject only to the limitation that, like other
organizations described In section 49(a). the
entity may not (under section 88(a) ) be paid
on a fee-for-servlce basis. Practitioners who
elect that method of payment may of course
pool their bills for submission to the Board,
but there is no reason to contract with a unit
for the payment of fees to It.
Subsection (b) makes clear that agree-
ments with the Board under this section
shall not (unless expressly so stipulated)
preclude practloners furnishing services un-
der the agreements from furnishing other
services as independent providers.
(Section 50.) This section specifies the
board and general conditions under which in-
dependent pathology laboratories, independ-
ent radiological services, providers of drugs,
devices, appliances, equipment, or ambulance
services may qualify as providers under
Health Security. As under Medicare, a Chris-
tian Science Sanatorium qualifies if operated
or listed and certified, by the First Church of
Christ, Scientists. Boston.
(Section 51.) The requirements of utiliza-
tion review in hospitals and skilled nursing
homes are In the main similar to those
which Medicare has, since 1966, Imposed
with respect to services to aged patients.
In Health Security the requirements will
of course apply to the entire population. As
In Medicare, the review is designed to serve
a dual purpose: Identification of certain
specific misuses of the institutional services
with a view to their termination, and a
focusing of continuing attention and con-
cern of the medical staff on the necessity
for efficient utIll:;atIon of institutional re-
sources. Section 51(a) strengthens the edu-
cational aspect of the process by requiring
specifically that records of reviews be main-
tained and statistical summaries of them
be reported periodically to the institution
and its medical staff (and, on request, to
the Board). As under Medicare, the review
committee will consist of two or more physi-
cians, with or without other professional
participation: and In the case of hospitals,
will normally be drawn from the medical
staff unless for some reason an outside group
is required. For skilled nursing homes, on
the other hand, section 51(c) departs from
Medicare by permitting as an alternative
that the Committee be established by the
State or local oubllc health agency under
contract with the Board, or failing that, by
the Board. If the nursing home operates
under a consolidated budget with a hospital.
the review will be made by the hospital
committee. Like Medicare. Section 51 (d)
and (6) call for review of specific long-stay
cases as required by regulations, and notifi-
cation to the Institution, . the attending
physician, and the patient when a decision
adverse to further institutional services is
made.
(Section 52.) Subsection (a) of Section 52
is also like Medicare In requiring a partici-
pating skilled nursing home to have In effect
an agreement with at least one participating
hospital for the transfer of patients and
medical and other -information as medically
appropriate. Subsection (b) Introduces a re-
quirement, applicable two years after the
effective date of health benefits to both
skilled nursing homes and home health
service agencies, of {iffillatlon with a par-
ticipating hospital or comprehensive health
service organization. Unless the medical staff
of the hospital or organisation undertakes
to furnish the professional services In the
nursing home or the professional sen-ices
of the home health service agency, that medi-
cal staff or a convnilttee of It must assume
responsibility for these services. Subsection
(c) allows the Board to waive the applica-
tion of either of these requirements to a
skilled nursing home or a home health*
agency which the Board finds essential to
the provision of adequate services, if (but
only for as long as) lack of a suitable hos-
pital or organization within a reasonable
distance makes a transfer or an affiliation
agreement Impracticable.
(Section 53.) If the construction or sub-
stantial enlargement of a hospital, skilled
nursing home, or ambulatory care facility
has been undertaken after December 31 of
the year of enactment, without prior ap-
proval by a planning agency designated by
the governor of the State or the Board, sec-
tion 53 precludes the Institution from par-
ticipating In the Health Security program,
except that In the ca^e of enlargement, the
Board may permit participation subject to
Teduction in reimbursement for services.
This should greatly strengthen state and
local planning authorities.
(Section 54.) This section prohibits
double recovery in malpractice litigation by
stipulating that no damages will be awarded
to the injured party for remedial services
which are available without cost under the
Health Security program.
(Section 55.) Institutions of the Depart-
ment of Defense and the Veterans Admin-
istration, and institutions of the Depart-
ment of Health. Education, and Welfare
serving merchant seamen or Indians or
Alaskan natives, are excluded by section 55
from serving as participating providers, as Is
also any employee of these institutions
when he Is acting as an employee. The
Board will, however, provide reimbursement
for any services furnished (In emergencies,
for example) by these institutions or agen-
cies to eligible persons who are not a part
of their normal clientele. It will also pro-
vide reimbursement for services f\irnished
by the Public Health Service under the
Emergency Health Personnel Act of 1970.
(Section 56.) This section overrides, for
purposes of the Health Securlti,* program,
State laws of several kinds which Inhibit
the utilization or the mobility of health
personnel, cloud the legality of so-called
"corporate practice" of health professions,
or restrict the creation of group practice
cwganizatlons. The authority of Congress
to do this, in conjunction with a program
of Federal expenditure to provide for the
general welfare, flows from the Supremacy
Clause of the Constitution and seems now
to be clearly established. (Ivanhoe Irriga-
tion District v. McCracken. 357 U.S. 275
(1958): King v. Smith. 392 U.S. 309 (1968) i.
The fir.st three p.iragraphs of subsection
(a) . while stopping short of creating a system
of Federal licensure for health personnel,
will greatly facilitate both the interstate
mobility of State licensees and the effective
use of ar.cillary personnel in the furnishing
of health care. Tlie dispensations contained
in these paragraphs v ill be available to per-
sons who meet national standards established
by the Board.
Paragraph ( 1) permits a phy.'iiclan. dentist,
optonietrist. or podiatrist, licensed In one
State and meeting the national standards, to
furnish Health Security benefits In any other
state, the scope of his permissible practice
being governed by the law of the State in
which he Is practicing. This paragraph
obviates the difficulty and cost which a prac-
titioner may encounter especially where reci-
procity of licensure is not available, In
taking up practice la a State In which he
has not been licensed.
Paragraph (2) grants a similar authority
to other health professional and nonprofes-
sional personnel. For occupations such as
pharmacy and professional ;iurslng, which
are subject to licensure In all States, a person
can avail himself of this paragraph only if he
is licensed in one State and meets the na-
tional standards: In other c&ses, where licen-
sure Is not universally required, compliance
with national standards Is sufficient. Here
again. Impediments to mobility created by
existing licensure laws will b^ removed.
The restrictions which mahy professional
pr.^ctlce acts Impose on the use of lay assist-
ants, and the legal uncertainties which often
deter such use. discourage practices that can
Increase greatly, without sacrifice of safety,
the volume of services which professionals
can render. Accordingly, paragraph (3) of
subsection (a) enables the Board to permit
physicians and dentists, participating; In
public or nonpublic hospitals and health
maintenance organizations, to use ancillary
health personnel, acting under professiiDnal
supervision and responsibility, to assist In
furnishing Health Security benefits, ^uch
assistants may do only things which i the
Board has specified, and may be used bnly
In the context of an organized medical staff
or medical group. Persons employed as
assistants must not only meet natibnal
standards for their respective occupatjons,
but must also satisfy special qualifications
that the Board may set for particular acts
or procedures.
In the Interest of encouraging salaried
practice and the integration of professional
practitioners Into well-structured organiza-
tions for the delivery of health services, para-
graph (4) of subsection (ac does away ivUh
the "corporate practice" rule Insofar as Con-
cerns participating public or other nonprofit
hospitals and health maintenance organiza-
tions. These Institutions may employ physi-
cians or make other arrangements for t^elr
services, unless In the unlikely eveiU tha« lay
interference with professional acts or Jilidg-
ments should be threatened. No conflict of
interest results from such arrangements: in
the nonprofit setting loyalty to employer and
loyalty to patient run parallel.
Some state laws place restrictions of one
kind or another on the Incorporatlor of
group practice organizations. When thesd re-
strictions prevent the State Incorporatlofa of
an organization meeting the strict reqilre-
ments of the Health Security Act. sectioh 56
(b) empowers the Secretary to Incorporate
it for purposes of the Act, Except for the
special restrictions. State latv will govern) the
corporation.
Part D — Trust fund: allocation of fund^ for
services
(Section 61.) By sectioil 406(a) of the
present bill, section 1817 of the Social &;cu-
rity Act. creating the Fede(ral Hospital In
surance Trust Fund, is amended and tr ms-
f erred to become section fll of the Heilth
Security Act. Tiie fund will thus become the
Health Security Trust Fund, succeedini; to
the assets and liabilities df both Medl:are
trust funds, and receiving | the proceed! of
the health security taxes inlposed by title II
of the Health Security Act [and the aut lor
Ized appropriations from general revenues
equal to 100 percent of those tax receipt; .
The Fund will al.so receive
overpTvmentK, and receipts
recovenek of
from loans and
other agreements. To implejment the rol? of
the Trust Fund, the Manao
Secretary of the Treasury)
ing Trustee the
wSll make i)ay-
i::4
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vn d
IS
th
th
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CONGRESSIONAL RECORD — SENATE
January 4, 1973
nts from the Trust Fund prox'ided for
uilder Title I. as the Board certifles, and w-lth
t to administrative expenses as author-
annually by the Congress.
[ Section 62. ) The Health Seciu-ity program
intended to operate on a budget basis
rail. Accordingly, subsection (a) requires
Board to determine for each fiVjal year
maximum am.ount which may be avall-
e for obligation from the Trust F\ind.
e amount so determined in advance (by
rch 1 preceding each fiscal year) shall not
■eed the smaller of two stated limitations.
first limit is fixed at 200^'. of the ex-
p"^ted net receipts from all the Health Secu-
,• taxes (I.e.. the tax receipts augmented
100^; thereof, to be appropriated Into the
Fiind from general revenues of the Govern-
nt). The second limit, applicable to each
al year after the first year of benefit oper-
'i e . after a year's availability of cov-
.sen-lces). Is an amount equal to the
imated obligations of the current year
ithin which the estimate Is being made),
bject to certain adjustments. Such ad-
ments will reflect changes expected In
) the price of goods and services; (Bi the
mber of eligible persons: (C) the number
participating professional providers, or
niunber rr c:>pacity of institutional or
er participating providers so far as such
aniies are not already adeouately reflected:
d (D> the expected cost of program admln-
ration.
In the Interest of prudent fiscal manage-
nt. subsection (b) requires the Bonrd to
rlct Its estimate of the amount available
oblleatlon in the next fiscal year (in
accordance with subsection (a) ) If the Board
estimates that the amount In the Trust Fund
the beginning of the next fiscal year will
less than one-quarter of the total obllga-
lt>ns to be Incurred for the current year,
d that such restriction will not imnair the
I lequacy or aualitv of the services to be pro-
ded. Also, the Board is required to reduce
alternative estimate of the maximum
otint to be available If it finds that the
gregate cost to be expected has been re-
;ced ( or an expected Increase has been
■«ned ) through ijnprovement In organlza-
nn and dell'-ery of service or through utlll-
rion control.
Subsection fci provides ac:alnst various
her contlngeiicles which may result in in-
p'lse or decrease In the estimate of the max-
lum amount to be available for obligation
the next fiscal year. Tlie amotmt may be
njodifled before or during the fiscal year If
e Secretary of the Treasury finds that the
pected Hep.lth Security tax receipts will
differ by 1 percent or more from the estimate
iij;ed under subsection (a), or If the Board
ids that either its factors of expected
ange or the cost of administration Is ex-
to differ from the estimate by 5 per-
iit or more: or If ru epidemic disaster or
er occurrence compels higher expenditure
an had been expected. If. as a result, the
axlmum estimate has to be Increased
•ather thai, being decreased), the Board
Jirough the Secretary) shall promptly re-
pprt its action to the Congress with Its rea-
V.r
i ~ser
D?cted
c '
o ;he
III
I Section 63.) Subsection (a) provides that
iree separate accounts shall be established
the Health Securitv Trust Fund — a Health
rvices Account, a Health Resources Devel-
c|3ment Account, and an Administration Ac-
nt. as well as a residual General Account.
ibsection (b) provides that in each of the
St two years of program operation. 2 per-
nt of the Trust Fund shall be set aside for
Health Resources Development Fund;
the allocatlo:: shall increase by 1 percent
two-year Intervals to 5 percent within the
ext 6 years. The money In this account will
used exclusively for the system Improve-
nt purposes described in partF.
(did I After deducting the funds for de-
lopment. and the amount authorized by
t
i
f r
'c ?
t le
a nd
te
r lei
the Congress for administration, the remain-
der of the monies shall be allocated to the
Health Services Account, and shall be used
exclusively for making payment for services
in accordance with part F.
(Section 64.) This section provides for al-
location of the Health Services account
among the regions of the country, (a) The
allocation to each region shall be based on
the aggregate sum expended during the most
recent 12-month period for covered services
( with appropriate modification for estimated
changes in the price of goods and services,
the expected number of eligible beneficiaries,
and the number of participating providers).
(b) In allocating funds lo the regions the
Board shall seek to reduce, and over the
years gradually eliminate, existing differences
among the regions in the average per capita
amount expended tipon covered health serv-
ices (except when these refiect differences
111 the price of g^ods and services). To ac-
complish this, the Board will curtail in-
creases In allocations to high expenditure
regions and stimulate an increase In the
availability and utilization of services In re-
gions In which the per capita cost Is lower
than the national average. (C) A contin-
gency reserve of up to 5': may be withheld
from allocation. If the remaining funds
available are Inadequate, allocations will be
reduced pro rata, (d) Allocations may be
modified before or during a fiscal year If the
Board finds this is necessary.
(Section 65.) The Board will divide the
allocation to each region Into funds avail-
able to pay for: institutional services; phy-
sician services: dental services; furnishing of
drugs; furnishing of devices, appliances and
equipment: and other professional and sup-
porting .services. Including subfunds for
optometrists, podiatrists, independent pa-
thology laboratories, independent radiology
services, and other items. The percent allo-
cated to each category of service may vary
from region to region, in determining the al-
location to these funds. It will be guided by
the previous year's expenditures for each
category of service but also take Into account
trends In the utilization of services and the
desirability of stimulating Improved utiliza-
tion^ of resources. It will encourage a shift
from heavy reliance on institutional care to
better utilization cf preventive and ambu-
latory services.
(Section 66.) These regional funds will be
subdivided among the health service areas in
each region, primarily upon the basis of the
previous year's expenditure for each kind of
service. Again, the Board will gradually at-
tempt to achieve the equalization cf services
within each region by restraining the in-
crease of expencUtures In high cost areas and
channeling funds Into health service are^is
with a low level of expenditures.
(Section 67.) Before or during a fiscal year,
the division of regional funds by classes of
service or the allotments to health service
areas may be modified If necessary or if indi-
cated by newly acquired infornration.
Part E — Payvient to providers of services
(Section 81.) Payments for covered serv-
ices provided to eligible persons by partici-
pating providers will be made from the
Health Service Acc-unt In the Trust Fund,
(Section 82.) This section delineates meth-
ods of paying professional practitioners.
Every Independent practitioner (physician,
dentist, podiatrist, or optometrist) shall be
entitled to be paid by the fee-fcr-service
method (subsection (a)), the amounts paid
being In accordance with relative value scales
prescribed after consultation with the profes-
sions (subsection (g)). Each physician en-
gaged In general or family practice may elect
to be paid by the capitation method If he
agrees to furnish individuals enrolled on his
list with all necessary and appropriate pri-
mary services, make arrangements for re-
ferral of patients to specialists or institutions
when necessary, and maintain records re-
quired for medical audit; and independent
dentist practitioners may elect the capitation
method of payment similarly (subsection
(b)).
These requirements in connection with
capitation payments are intended to assure
that the physician (or dentist i provides to
his patients all professional services within
the range of his undertaking and secures
other needed services by referral. Through
regular medical audits, the Board will moni-
tor the level and quality of care provided.
When necessary to assure the availabilitv
of services in a given area, subsection (c)
permits paying an independent practitioner
a full-time or part-time stipend in lieu of or
as a supplement to other methods of com-
pensation. This method of payment will be
used selectively by the Board, mainly to en-
courage the location of practitioners in re-
mote or deprived areas. Practitioners may
also be reimbursed for the special costs of
continuing education required by the Board
and for maintaining linkages with other pro-
viders— for example, communication costs.
Incentives operative under this provision will
encourage physicians to improve the quality
and continuity /Of patient care, even if the
physician doea' not participate in a group
practice. Th« Board may pay for specialized
medical sen-lces on a per session, or per case
basis, or/may use a combination of methods
authorl/ed by this section.
Subs/ctlon (d) defines the capitation meth-
od of payment.
Subsections (e) (f) (g). These sections
describe the method to be used in applying,
as between practitioners electing the various
methods of payment, the monies available in
each health service area for payment to each
category of pmfessioral providers. From the
amount allocated to each service area, the
Board will earmark funds sufficient to pay
practitioners receiving stipends and for the
professional services component of institu-
tional budgets, such as hospitals. The re-
mainder of the money will be divided to com-
pute the per capita amount available for eac'n
category of service (i.e. physicians, dentists
podiatrists, optometrists) to the resideiits of
the area. This per capita amount in each
category will fix the capitation payments to
organizations that tmdertake to provide the
full range of services in that category to en-
rolled individuals. Lesser amounts will be
fixed for mere limited services. For example,
if the per capita amounts available for physi-
cian and dental services are $6-0 and $2.5. re-
spectively, primary physicians accepting capi-
tation payments will receive the percentafije of
that $65 which is allocated for primary serv-
ices, a m.edical society sporis'^red foundation
would receive the entire $65 for physician
services, dentist furnishing all covered serv-
ices would receive the $25 allocated for dental
services, and organizations which undertake
to orovidp al! phy-ician and dent?' services to
enrolled individuals will receive $90 for each
enrolled individual.
The budget per capita amount for each
type of covered service (physician, dental
etc.) will be divided between the categories
of providers of .service according to the
number of individuals who elect to receive
care from those providers. For example, in
a city of 100,000 people, 25,000 m.ay enroll
la a health maintenance organization. Using
the figures cited in the example above, the
Board will pay the health maintenance or-
ganization $1,625,000 (565x25,000) fcr phy-
sician services. The other 75.000 individuals
elect tD receive their physician service; irim
solo, fee-for-service practitioners. The Board
will create a fund of $4,875,000 ($65 x 75.0001
to pay all fee-for-service bills submitted bv
physicians in that community, in accord-
ance with relative value scales and unit
values fixed bv the Board. The fund for fee
payments will be augmented to the extent
that some capitation payments have been
January 4, 1973
CONGRESSIONAL RECORD — SENATE
125
■ lowered because they cover only primary
services, and may be augmented further
where a substantial volume of services is
furnished, on a fee basis, to nonresidents of
the area.
Subsection (h) authorizes the Board to
experiment with other methods of reim-
bursement so long as the experimental meth-
od does not increase the cost of service or
lead to overutillzation or underutllization of
services.
(Section 83.) Hospitals will be paid on the
basis of a predetermined annual budget
covering their approved costs. To facilitate
review of these budgets, tlie Board will In-
stitute a national uniform accounting sys-
tem. Subsection (b) stipulates that the costs
recognized for purposes of the budget will be
those incurred in furnishing the normal
services of the institution except as changed
by agreement, or by order of the Board under
section 134. This will enable the Board, on
the basis of State and local planning, to
eliminate gradually any wasteful or dupli-
cative services, and also to provide for an
orderly expansion of hospital services where
needed.
Physicians and other professional prac-
titioners whose services are held out as
available to patients generally (such as path-
ologists and radiologists) wUl be compen-
sated through the institutional budget, what-
ever the method of compensation of such
practitioners and whether or not they are
employees of the hospital. This departs from
the practice in Medicare which allowed In-
dependent billing by such physicians. The In-
stitution's budget may also be increased to
reflect the cost of owning or operating an
affiliated skilled nursing home, or h^me
health service agency. Hospital buagets will
be reviewed by the Board, locally or region-
ally, which may permit participation by
representatives of the hospitals in each re-
gion. Budgets may be modified before, during
or after the fiscal year if changes occur v.hlch
make modification necessary.
(Section 84.) If an entire psychiatric hos-
pital is found by the Board to be providing
active treatment to its- patients, and the In-
stitution Is therefore primarily engaged In
providing covered services to eligible benefi-
ciaries. It will be paid on the same basis as
a general hospital (on the basis of an ap-
proved annual budget). Otherwise the Board
will negotiate a patient-day rate to be paid
for each day of covered service provided to
an eligible beneficiary.
(Section 85.) This section provides that
skilled nursing homes and home health
agencies will be paid in the same manner as
a general hospital (on an approved annual
budget basis) . The Board may specify use of
nationally uniform systems of accounting
and may prescribe by regulation the items to
be used In determining approved costs and
the services which will be recognized in
budgets.
(Section 86.) Reimbursement for drugs will
be made to the dispensing agent on the
basis of an official "product price" for eacli
drug on the approved list, plus a dispensing
fee The official product price will be set at
a level which will encourage the pharmacy
to purchase substantial quantities of the
drug (this should result in significant re-
ductions In the unit cost of each drug). The
official price may be modified regionally to
reflect differences in costs of acquiring
drugs. The Board will establish dispensing
fee schedules for reimbursing Independent
pharmacies. These schedules will take into
account regional differences In costs of op-
eration, differences in volume, level of serv-
ices provided and other factors.
(Section 87.) Subsections (a) and (b)
provide that a health maintenance organi-
zation or professional foundation will be
paid a basic capitation rrte multiplied by
the number of eligible enrollees. Tlie amount
of the capitation rate will be determined
by the per capita amounts available for the
several professional services in the area, and
a rate fixed by the Board as the average rea-
sonable and necessary cost per enroUee for
other covered services.
Subsection (c) taxes capitation amounts
for institutional ssrvices based on per diem
rates derived frcin the budgets of partici-
pating Institutional providers or Institutions
with whom the organization or foundation
may have a contractual agreement. The or-
ganization or foundation will be entitled to
share in up to 75'; of any savings which
are achieved by lesser utilization of institu-
tional services by Its enrollees. Entitlement
to such savings Is conditional upon a find-
ing by the Board that the services of the or-
ganization or foundation have been of high
quality and adequate to the needs of its
enrollees. and that the average utilization
of hospital or skilled nursing services by
the enrollees of the health maintenance or-
ganization or foundation Is less than use of
such services by comparable population
groups not so enrolled but under otherwise
comparable circumstances. This money may
be used by the organization or foundation
for any of its purposes. Including the pro-
vision of services which are not covered under
the Health Security program.
Subsection (e) authorizes the Board to
allow organizations and foundations to re-
Insure with the Board against catastrophic
costs Incurred on behalf of any one en-
rollee.
Subsection (f) permits the Board to make
an additional payment to health mainten-
ance Organization for the cost of clinical
education or training provided by the or-
ganization.
(Section 88.) Subsection (a) provided
that an organization or agencies with which
the Board has entered into an agreement
under section 49 (such as a neighborhood
health center, a nonprofit mental health
center, or local public health agency furnish-
ing preventive or diagnostic services) may
be paid by any method agreed upon other
than fee-for-service.
Subsection lb) provides that independent
pathology or radiology services may be paid
on the basis of an approved budget or such
other methods as may be specified in reg-
ulations.
Subsection (c) leavte the method of pay-
ment for other types of supporting services
to be specified in regulations.
(Section 89.) This section provides that
the Board will reduce payments to institu-
tional providers in ac(3ordance with findings
by the Secretary that a facility or any part
of a facility has not been built in compli-
ance with the area health plan.
(Section 90.) All participating providers
will be paid from the Health Services Ac-
count in the Trust Fund at such time or
times as the Board finds appropriate (but
not less often than monthly) . The Board
may make advance payment to supply pro-
viders with working funds when It deems
advisable.
Part F — Planning; funds to improve services
and to alleviate shortages of facilities and
personnel
(Section 101.) This section sets forth the
general purposes of Part F and authorizes
appropriations, and subsequently expendi-
ture from the Tiust Fund, for these pur-
poses. The part envisages a substantial
strengthening of the health planning process
throughout the country with an eye, first,
to the special needs for personnel, facilities,
and organization which inauguration of the
Health Security program will entail, and
thereafter to continuing Improvement of the
cipabillties for effective delivery of health
services. Beyond this, the part enables the
Board, through selective financial assistance,
to stimulate and assist In the development
of comprehensive health services, the educa-
tion and training of health personnel who
are In especially short supply, and the better-
ment of the organization and efficiency of
the health delivery system. For the two-year
"tooling-up" period, appropriations of $200
and $400 million are authorized for financial
assistance. Beginning with the effective date
of health benefits, percentages of the Trust
Fund expenditures will be earmarked for
such assistance (section 63 i . From that date
on. the leverage of these expanding funds
win supplement and reinforce the incentives,
which are built Into the normal operation of
the Health Security program, for Improve-
ment of the organization and methods of de-
livery of health services. i
(Section 102.) This sectibn directs the
Secretary, in collaboration with State com-
prehensive health planning agencies, region-
al medical programs, anrf other planning
agencies, to Institute a continuous process
of health service planning. Prior to the ef-
fective date of health benefits, the planning
process must give first consideration to the
most acute shortages and needs for delivery
of covered services under this Act. There-
after, planning sliall be focused on maximiz-
ing continuing capability for delivery of these
services.
This section places prlmarilv on the State
agencies the responsibility for coordinating
the work of the many health planning agen-
cies within the States, and for coordination
with interstate agencies and with agencies
planning in other fields related to health
but charges the Secretary with this function
in any State that falls to me^t the responsi-
bility. Section 407 of the present bill amends
the Public Health Service Act to increase
the authorized appropriations for State and
for local health planning, to extend them to
1978, and to condition grants upon collabo-
ration for the national purposes embodied
m the Health Security Act. Thus the bill
strengthening State planning agencies fo-
cuses in them a responsibilltv Msualized in
the "partnership-for-health" legislation V&.
In many States not yet an operating realffv
for pulling together all health planning If-'
forts within their territories. The task \i^lll
not be easy, but It is one that Is lent liw
ureency by the Health Securjtv programllt
belongs more properly to the States'than to
the national Government, but if any Stite
proves unequal to the task It must and \iflll
be assumed by the Secretary.
(Section 103.) In administering part P
this section stipulates, the Board will give
priority to improving comprehensive health
services for ambulatory patients through the
development or expansion of organizations
furnishing such services, the recruitment
and training of personnel, and the strength-
•ening of coordination among providers of
services. Financial assistance wUl be dis-
pensed, so far as possible, in accordance with
recommendations of the appropriate health
planning agencies. Funds wUl not be used
to replace other Federal financial assistance
and may supplement other assistance onlv to
meet specific needs of the Health Scurlty
program. Other Federal assistance programs
are to be administered when possible to fur-
ther the objectives of part F, and the Board
may provide loans or interest subsidies to
help the beneficiaries of other programs to
meet the requirements for non-Federal funds,
(Section 104.) Help of several kinds will
be available under this section for the cre-
ation or the enlargement of cM-ganizatlot>s
and agencies providing comprehensive care
to ambulatory patients — either organizations
to serve an enrolled population on a capita-
tion basis, agencies such as neighborhood
health centers which need not require en-
rollment In advance, or organizations tiir-
nlshlng comprehensive dental services.
Grants may be made to any public or other
nonprofit organization (which need not be
a health organization) to help meet the colst,
other than construction cost, of establish-
ing such organizations, and to existing or-
-
-
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CONGRESSIONAL RECORD — SENATE
January 4, 1973
gaiifzationa to help meet the cost of expan-
the maximum grants being. In the
forifier case 90 percent of the cost. In the
r 80 percent. The Board may also provide
nical assistance for these purposes. Loans
be made for the cost of necessary con-
strilctlon. subject to the same 90 and 80 per-
cenj. limitations on amount. Finally, start-up
of operation of these organizations may
jnderwTltten. for five years in the csise of
ntzatlons which must build up an cnroll-
mefet to assure operating income, and In
othfr cases until the Health Security pro-
begins payment for services In the first
of entitlement to benefits. The effect
tliese several provisions is to reduce
if not eliminate, the financial ob-
3 which have heretofore impeded the
grotvth of health maintenance and similar
orginlzations.
Section 105.^ This section contains a
serjes of provisions to assist in the recrult-
t. education, and training of health
perkonnel. The Board will establish priorities
neet the most urgent needs of the Health
y system, but the priorities will be
flexible both as between different regions and
frojn time to time. Professional practitioners
be recruited for service In shortage areas,
botii urban and rural, and In health malnte-
e organizations, and such practitioners
be given income guarantees. Other Fed-
assistance for health education and
will be availed of. but the Board
,- supplement the other assistance If the
i.rd believes it inadequate to the needs,
11 Congress has had opportanity to review
adequacy. The training authorized in-
cludes retraining. It also includes the devel-
nt of new kinds of health personnel to
St in furnishing comprehensive services.
, the training of area residents to particl-
in personal health education and to
e liaison functions and serve as repre-
atives pf thb community In dealing with
he4lth organizations. Grants may be made
est the utility of such personnel, and to
St in their employment before the effec-
date of health benefits. Education and
training are to be carried out through con-
ts with appropriate institutions and
and suitable stipends to students
trainees are authorized. Physicians will
recruited and trained to serve as hospl-
medical directors. Finally, special asslst-
e may be given, both to Institutions and
students, to meet the additional costs of
lilng persons disadvantaged by poverty.
In minority groups, or other
se.
Section 106,^ This section authorizes spe-
improvement grants; first, to any public
other nonprofit health agency or instl-
ion to establish Improved coordination
linkages with other providers of services;
second, to organizations providing com-
ive ambulatory care, 'to improve their
ization review, budget, statistical, or rec-
and information retrieval systems, to
ulre equipment needed for those pur-
s, or to acquire equipment useful for
screening or for other diagnostic or
rapeutic purposes.
Section 107. ( The Board is authorized to
mike demonstration grants to test the feasi-
ty of maintaining disabled and chronl-
y 111 persons In their homes by providing
care services such as homemaker
laundry service, meals-on-wheels, as-
sistance with trEinsportatlon and shopping.
If these tests indicate that personal care
ices are effective in reducing the need for
Itutlonal care and can be provided with-
jeopardlzlng the integrity of the health
security program, the Board is authorized to
rei ommend to Congress the expansion of cov-
en ,ge for personal care services and long-
te^m institutional care to all eligible persons.
Section 108.) This section provides that
lo^ns under part F are to bear 3 percent In-
te: est and to be repayable In not more than
g( ncles.
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20 years. Other terms and conditions are dis-
cretionary with the Board, except for re-
quired compliance with the Davis-Bacon
Act and related laws. Repayment of loans
made from general appropriations will go to
the general fund of the Treasury-; repayment
of later loans will revert to the Health Re-
sources Development Account in the Trust
Fund.
(Section 109.) This section specifies that
payments under part F shall be In addition
to, and not In lieu of, payments to providers
under part F.
Part G — Administration
This part of the bill creates an adminis-
trative structure within the Department of
Health, Education and Welfare with respon-
sibility for admlnistratioi> of the Health Se-
curity program. Program policy will be made
by a five-member Board, under the super-
vision of the Secretary of HEW. The Board
will be assisted by a National Health Security
Advisory Council which will recommend pol-
icy and evaluate operation of the program,
and an Executive Director who will serve as
Secretary to the Board and chief administra-
tive officer for the program. Administration of
the program will be greatly decentralized
among the HEW Regional Offices. Regional
and local health services advisory councils
will advise on all aspects of the program In
their regions and local areas. The Board may
also appoint such professional or technical
committees as it may deem necessary.
(Section 121.) This section establishes a
five-member full-time Health Security Board
serving under the Secretary of Health. Edu-
cation and Welfare. Board members will be
appointed by the President with the advice
and consent of the Senate, for five-year over-
lapping terms. Not more than three of the
five appointees may be members of the same
political party. A member who has served two
consecutive terms will not be eligible for re-
^polntment until two years after the expira-
ti6n of his second term. One member of the
Board shall serve as chairman at the pleasure
of the President.
H Section 122.) This section charges the Sec-
retar>' of HEW and the Board with responsi-
bility for performing the duties Imposed by
this title. The Board shall issue regulations
with the approval of the Secretary. It Is re-
quired to engage in the continuous study of
operation of the Health Security program,
and of the adequacy of Its financing; and,
with the approval of the Secretary, to make
recommendations on legislation and matters
of administrative policy, and to report to the
Congress annually on administration and op-
eration of the program. The report will In-
clude an evaluation of adequacy and quality
of services, costs of s^vlces and the effec-
tiveness of measurel'to restrain the coster^Tie
Secretary of HEW is instructed to coordinate
the administration of other health-related
programs under his Jurisdiction with the ad-
ministration of Health Security, and to in-
clude in his annual report to the Congress
a report on his discharge of this responsi-
bility.
The Civil Senlce Commission Is Instructed
to make every effort to facilitate recruitment
and employment, to work In the Health Se-
curity Administration, of persons experienced
In private health Insurance administration
and other pertinent fields.
Subsection (g) authorizes the Board to
establish fifty positions, carrying salaries
in the GS-16 to GS-18 range, in the profes-
sional, scientific, and executive service, to
meet the need for highly qualified personnel
both in research and development activities
and in administration. It Is expected that
about half of these positions would be used
for high-level administrative assignments,
and the other half for the most responsible
professional and scientific work of the Board.
(Section 123.) This section creates the
position of an Executive Director, appointed
by the Board with the approval of the Sec-
retary. The Executive Director will serve as
Secretary to the Board and shall perform
such duties in administration of the pro-
gram as the Board assigns to him. The Board
is authorized to delegate to the Executive
Director or other employees of HEW any of
Its functions or duties except the issuance of
regulations and^ the determination of the
availability of funds and their allocations to
the regions.
(Section 124.) This section provides that
the program wUl be administered through
the regional offices of the Department of
HEW. It also requires the establishment of
local health serwce area offices and local
offices.
A health service area will in most instances
be a State or a part of a State except where
patterns in the organization of health serv-
ices and the fiow of patients indicate that an
Interstate area would provide a more prac-
tical administrative tmit. One of the respon-
sibilities of local offices will be to Investigate
complaints about the administration of the
program.
(Section 125.) Subsection (a) establishes
a National Health Security Advisory Council,
with the Chairman of the Board serving as
the Council's Chairman and 20 additional
members not In the employ of the Federal
Government. A majority of the appointed
members will be consumers who are not en-
gaged in providing and have no financial
interest in the provision of health services.
Members of the Council representing provid-
es of care will be persons who are out-
standing in fields related to medical, hospital
or other health activities or who are rep-
resentatives of organizations or professional
associations. Members will be appointed to
four-year over-lapping terms by the Secre-
tary upon recommendation by the Board.
Subsection (b) authorizes the Advisory
Council to appoint professional or technical
committees to assist In Its functions. Tlie
Board will make available to the Council
all necessary secretarial and clerical assist-
ance. The Council wUl meet as frequently as
the Board deems necessary, or whenever re-
quested by seven or more members, but not
less than four times each year.
Subsection (c) provides that the Advisory
Council will advise the Board on matters of
general policy in the administration of the
program, the formulation of regulations and
the allocation of funds for services. The
Council Is charged with responsibility for
studying the operation of the program and
utilization of services under it. with a view
to recommending changes in administration
or in statutory provisions. They are to report
annually to the Board on the performance of
their functions. The Board, through the Sec-
retary, will transmit the Council's report to
the Congress together with a report by the
Board on any administrative recommenda-
tions of the Council which have not been
followed, and a report by the Secretary of his
views with respect to any legislative recom-
mendations of the Council.
(Section 126.) To further provide for par-
ticipation of the community, the Board will
appoint an advisory council for each region
and local area. Each such Council would
have a composition parallel to that of the
National Council; and each will have the
function of advising the regional or local
representative of the Board on all matters
directly relating to the administration of
the program.
(Section 127). The Board is authorized to
appoint standing committees to advise on
the profe.ssional and technical aspects of ad-
ministration with respect to .services, pay-
ments, evaluations, etc, Tliese committees
will consist of expertd^ drawn from the health
professions, medical Schools or other health
educational ln.stiutlons. providers of services,
etc. The Board Is also authorized to appoint
experts and consultants and temporary com-
mittees to advise on special problems. The
January 4, 1973
CONGRESSIONAL RECORD — SEN ATE
Itl
^
committees will report to the Board, and
copies of their reports are to be made avail-
able to the National Advisory Council.
(Section 128). Subsection (a) requires the
Board to consult with appropriate State
health and other agencies to assure the co-
ordination of the Health Security program
with State and local activities in the fields of
environmental health, licensure and Inspec-
tion, health education, etc.
Subsection (b) requires the Board, when-
ever possible, to contract with States to sur-
vey and certify providers (otlier than pro-
fessional practitioners) for participation in
the program. This is similar to Medicare ex-
cept that the Board Is given authority to
establish the qualifications required of per-
sons making the inspections.
Subsection (C) authorizes the Board to
contract with State agencies to undertake
health education activities, supervision of
utilization review programs, and programs
to Improve t'ne quality and coordination of
available services in that State.
Subsection (d) reqr.ires t!ie Board to' re-
imburse States for the reasonable cost of
performing such contract activities and au-
thorizes the Board to pay all or part of the
cost of training State inspectors to meet
the qualifications established by the Board.
Subsection (e) directs the Board to make
inspections If a State is unable or unwilling
to do so.
Subsection (f ) calls for the publication of
the results of Inspections.
(Senion 123). The Board Is authorized to
provide technical assistance either directly or
through contract with a State to skilled
nursing homes and home health agencies in
regard to the planning of social services,
dietetics, etc.
(Section 130). Subsection (a) charges the
Board with responsibility for informing the
public p.nd providers about the administra-
tion and operation of the Health Security
program. This will include Informing ' the
public about entitlement to elglbillty, na-
ture, scope, and availablity of services. Pro-
viders would be Informed of the conditions
of participation, methods and amounts of
compensation, and administrative policies.
rn support of the program's effort to Improve
drug therapy, the Board is authorized. \^'ith
the approval of the Secretary, to furnish all
professional practitioners with information
concerning the safety and efficacy of drugs
appearing on either of the approved li.sts
(Section 25). indications for their use. and
contraindications. Information of this na-
ture is not now always available to prac-
tioners.
Subsection (bi requires the Board to make
a continuing study and evaluation of the
program, includUig adequacy, quality and
costs of services. Subsection (c) authorizes
the Board directly or by contract to make
detailed statistical and other studies on a
national, regional, or local basis of any aspect
of the operation of the title, to develop and
test methods of peer review of drug utiliza-
tion and of other service performances, sys-
tems of Information retrieval, budget pro-
grams, in'itriunentlon for multiphasic
screening or patient services, reimbursement
systems for drugs, and other stiidies which
It considers would improve t'^^ quality of
services or adminstration of the program.
Stibsectlon (d) The Board Is authorized to
enter into agreements with providers to ex-
periment with alternative methods of re-
imbursement which offer promises of im-
proving the co-ordination of services, their
quality or accessibility.
(Section 131.) Severe dlscresancles exist
today between the national need for various
kinds of health manpower and the availabil-
ity of clinical facilities to train such per-
sonnel. Certain specialties (such as surgery)
In which there Is a surplus of manpower
monopolize clinical training facilities to the
disadvantage of specialties In short supply
(such as primary or family practice), thus
perpetuating the imbalance between supply
and demand. This section gives the Board
authority to bring the availability of clini-
cal training facilities into balance with na-
tional or regional manpower needs by issuing
training priorities for institutional providers
participating in the prograni;^
(Section 132.) This section grants author-
ity to the Board, in accordance with regula-
tions, to make determinations of who are
participating providers of service, determi-
nations of eligibility, of whether services are
covered, and the amount to be paid to pro-
viders. The Board is granted authority to
terminate participation of a provider who Is
not in compliance with qualifying require-
ments, agreements or regulations. But un-
less the safety of eligible individuals Is en-
dangered, the provider shall be entitled to a
hearing before the termination becomes
effective.
(Section 133.) This section establishes pro-
cedures for hearings, and for Judicial review,
similar to those under the Social Security
Act.
(Sectioii 134.) This section has one of the
bill's most important provisions with respect
to achieving improvement In coordination,
availability, and quality of services. It
greatly strengthens state and local planning
agencies and gives the Board authority to
ciuitail inefficient administration of partic-
ipating Institutional providers.
The Board Is authorized to Issue a direc-
tion to any participating provider (other
than an individual professional practitioner)
that, as a condition of participation, the
provider add or discontinue one or more
covered services. For example. If two com-
munity hospitals are operating maternity
wards at low occupancy rates, the Board may
require that one hospital cease to provide
such service. A provider may be required to
provide services In a new location, enter Into
arrangements for the transfer of patients and
medical records, or establish such other co-
ordination or linkages of covered services as
the Board finds appropriate.
In addition, if the Board finds that serv-
ices furnished by a provider are not neces-
sary to the availability of adequate services
under this title, that their continuance is
unreasonably costly, or that the services are
furnished inefficiently (and that efforts to
correct such inefficiency have proven unavail-
ing) the Board may terminate participation
of the provider.
No direction shall be Issued under this
section except upon the recommendation of,
or after consultation with, the appropriate
state health planning agency. And no direc-
tion shall be issued under this section unless
the Board finds that It can be practicably
carried out by the provider to whom It is
addressed. The Board is required to give due
notice and to establish and observe appro-
priate procedures for hearings and appeals,
and Judicial review Is provided.
(Section 146.) This section instructs the
Beard to give consideration to the findings
and recommendations of the Secretar>''s Com-
mission on Medical jialpractice.
Part H — Quality of care
This part authorizes the Board, and
charges it with the duty, to rtialntain and
enhance the quality of care furnished under
the Act Section 141(a) sets forth this au-
thority and this duty, to be discharged with
the advice and assistance of. and in close
collaboration with, the Commission on the
Quality of Health Care created by an amend-
ment of the Public Health Service Act con-
tained in title III of the present bill. Regu-
lations under the part are to be issued be-
fore health security benefits become effective,
and thereafter to be tipgraded as rapidly as
is practicable. Subsection (b) states as the
objective the highest quality of care attain-
able throughout the nation, with exceptions
to quality requirements only when, and as
long as. they are necessary to avoid acute
shortages of services. Subsection (c) calls :'or
collaboration with the Commission, and
stipulates that any failure to follow its rec-
ommendations shall be submitted to the Sec-
retary and that, unless he directs the Bo^rd
to adopt the recommended regulations, the
reasons for not doing so must be published
by the Board.
(Section 142.) The Board is to issue regu-
lations requiring continuing professional
education for physicians, dentists, optome-
trists and podiatrists. Reports of compliance
with the regulations will be required and,
after warning, practitioners may be disci-
plined for failure to comply.
(Section 143.) Subsection (a) provides that
major surgery, and other procedures speci-
fied in regulations, are not covered services
unless they are performed by a specialist,
and (except in emergencies) are, to the ex-
tent prescribed in regulations, performed on
referral by a physician engaged in general
practice. Specialists, according to subsection
(b) . are those certified by the appropriate
national specialty boards, with a five-year
period allowed board-qualified physicians to
obtaHi certification, and with a "grandfather"
exception for certain physicians practicing
when health security benefits go into effect.
Subsection (c) authorizes the Board to re-
quire, except In acute emergencies, consulta-
tion with an appropriate specialist, as a pre-
requisite to specified surgical procedures;: In
such cases sul;^ctlon (d) enables the Board
to require patjiology reports and clinical ab-
stracts or discharge reports. i
(Section 144.) Subsection (a) requires that
practitioners furnishing services on behalf of
Institutional or other providers meet the
same qualifications that are demandeii of
independent practitioners. Subsection lb)
authorizes the Board to make additional [re-
quirements, in the interest of the quality of
care and of safety of patients, for all pro-
viders other than professional practitionfers.
This is like the authority given the Secretary
under the Medicare law, but with the notable
difference that standards of the Joint Com-
mission on the Accreditation of Hospitals
constitute a minimum for Board require-
ments, rather than a maximum as under
Medicare. Exceptions are permitted only, as
stated In section 141, to avoid: acute shortajges
or services.
(Section 145.) Although the provisions 're-
lating to professional standards review orga-
nizations, recently added to the Social Se-
curity Act. are repealed by section 405 of the
present bill, the Board is authorized, on lec-
ommendatlon of the Commission on the
Quality of Health Care, to u$e organizatisns
previously designated or conditionally deiilg-
nated by the Secretary fori the purpose of
monitoring the quality of services, either
Institutional or nonlnstituticnal. The Board
may also use for this purpose similar oiga-
nlzations approved by it In tlie future.
(Section 146.) In exercislig its autho'lty
under part H the Board Is directed to take
into account the findings of the Secretary's
Commission on Medical Malpractice, anc to
seek to reduce the IncldencQ of malprac:lce
and to Improve the avallabHity of malprac-
tice Insurance.
Part I — Miscellaneous 'provisions
(Section 161.) This sectionjcontalns del nl-
tlons of certain terms used Ih the title.
(Section 162.) This section creates the
offices of Deputy Secretary fpr Health. Edu-
cation and Welfare and an tJnder Secre' ary
for Health and Science in the Department of
Health, Education and Welfare, and abolU hes
the office of Under Secretary of Health. Edu-
cation and Welfare.
(Section 163.) This section stipulates ijhat
the effective date for entitlement for bane-
fits will be July 1. of the second calei^dar
year following enactment.
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CONGRESSIONAL RECORD — SENATE
January 4, 1973
January 4, 1973
CONGRESSIONAL RECORD — SENATE
Section 164.) Subsection (a) provides
tha , an employer will not be relieved, by the
ena ;tment of the Health Security Act, of
any existing contractual or other non-statu-
tori obligation to provide or pay for health
ser\ Ices to his present or former employees
and their families. An employer whose cost
unc er such a contract. Immediately before
hea th security taxefs go into effect, exceeds
the cost to him of paying those taxes Is re-
qui ed by subsection (b) to apply the excess,
during the remaining life of the contract,
firs to the payment of health security taxes
on aehalf of his employees. If an excess still
ren ains after meeting this obligation, and
aft! r an allowance for the cost of any con-
tumlng obligation to pay for health services
not covered by Health Security, subsection
(CI requires the employer to pay the amount
of ihis remaining excess to those employees,
er employees, and syrvivors who are
beieficiarles of the pre-existing contract;
by agreement with the employees or
r representatives, these funds may be
Ued to other employee benefits. Compu-
V)ns of the amounts Involved are to be
on a per capita basis, as defined in
tfeection (d).
TrrLE II HEALTH SECTTRITY TAXES
Part A — Payroll taxes
Section 201.) Effective on January 1 of
second year after enactment, subsec-
lai and ibi covert the existing Medl-
hospltal insurance payroll taxes into
h Security taxes, and raise the rates
to 1 percent on employees and 3.5 percent
on fmplovers. Subsection (c) raises the wage
ba.-B for the employee tax from $12,000 (as
pre>ent law provides after 1973 1 to $15,000,
with subsequent further increase if wage
lev !ls rise, so that the Health Security wage
taa? e will always be 125 percent of the Social
Security wage base. This subsection also
el.sninates the wage celling from the em-
ployer tax. and broadens the definitions of
covered employment to include foreign agri-
cuKural workers, employees of the United
States and its Instrumentalities (other than
me nbers of the armed forces, and the Pres-
ide -It. Vice-President, and Members of Con-
gre >s ) . employees of charitable and similar
inizatlons" railroad employees, and (for
emplovee tax only) employees of States
their political subdivisions and Instni-
...talities.
(Section 202.1 Section 202 makes a num-
bei of conforming and technical amend-
me nts. Chief among these are provisions for
.ind of excess taxes collected from an
jlovee who has held two or more Jobs,
wages aggregating in a year more than
- amount of the new wage base; exclusion
^alth Security contributions from agree-
ts with State governments for the so-
cial security coverage of State and munici-
pal employees (since these employees will
CO! tribute to Health Security through pay-
rol taxes): and exclusion of Health Secur-
itv contributions from agreements for the
CO erage of United States citizens employed
by foreign subsidiaries of United S'ltes cor-
p.' a- ions (Since these employees will not
benefit substantially from Health Security
in ts present form) .
Section 203.) This section excludes from
th* gross' income of employees, for Income
ta;: purposes, payment by their employers of
[la t or all of the Health Security taxes on
tht emplovees
Section 204.1 This section spells out the
'ctive dates of the new payroll tax pro-
ions.
rf B — Taxes on self-employment income
and unearned income
Section 211.) Effective at the beginning of
' second calendar year after enactment.
3 section converts the existing Medicare
f-employment tax into a Health Security
sejf-employment tax, raises the rate to 2.5
1
ore a
the
an
meiitaliti
percent, and raises the maximum taxable
self-employment income from $12,000 to
$15,000 (with the same upward adjustment
as in the employee tax for subsequent rises
in average wage levels) .
(Section 212.) Effective on the same date
this section adds a new 1 percent Health Se-
curity tax on unearned Income (unless such
income is less than $400 a year) , subject to
the same maximum on taxable Income as Is
applicable to the employee and self-employ-
ment taxes. Taxable unearned Income Is ad-
justed gross Income up to the stated maxi-
mum, minus wages and self-employment In-
come already taxed for Health Security pur-
poses (e.xcludlng certain Items of Income spe-
cifically excluded from the other taxes and
excluding $3,000 In unearned Income for per-
sons over age 60.)
(Sections 213, 214.) These sections make
technical amendments and specify effective
dates for this part.
TITLE III COMMISSION ON THE QUALITY
or HEALTH CARE
(Section 301.) The purpose of Title III Is to
create a Commission on the Quality of Health
Care in order to Improve health care in the
United States. The Commission's function is;
To develop methods of measuring health
care.
To develop standards for promoting health
care of high quakty.
To ercourage the use of such measure-
ments and standards under the provisions of
the Health Security Act.
t Section 302.) This section adds to the
Public Health Service Act a new Title XII,
entitled ■•Commission on the Quality of
Health Care."
(Section 1201, Public Health Service Act.)
Subsection (a) establishes a Commission on
the Quality of Health Care within the De-
partment of Health. Education, and Welfare.
The Commission will consist of eleven mem-
bers who are to be appointed by the Secre-
tary after consultation with the Health Se-
curity Soard. Tlie Commission Is required to
carry out the functions set forth under new
sections 1202 and 1203.
Subsection (b) describes the requirements
for the membership of the Commission.
Seven of the members appointed must be
representatives of health service providers or
representatives of nongovernmental organi-
zations that arc engaged In the process of
developing standards relating to the quality
of health care. Four members must be repre-
sentatives of consumers who are not related
to and have no financial Interest in the de-
livery of health care services. Commission
members will be appointed to serve five year
overlapping terms. Subsection (c) requires
the Secretary to designate the Chairman of
the Commission, who serves at the pleasure
of the Secretary. Subsection (d) authorizes
the Commission to employ needed personnel
and appoint advisory committees. It also
stipulates the conditions of employment and
rates and terms of compensation.
(Section 1202. Public Health Service Act.)
Subsection (a) defines the primary respoiisl-
blUtles of the Commission. The Commission
Is directed to initiate and contliuiously de-
velop methods to assess the quality of health
crre delivered under the provisions of the
Health Security Ar-t; and to initiate n:id de-
veloD ways to use such assessments In order
to maintain and improve the quality of
health care delivered tmder that Act. The
Commission is required to submit Its fi-'.d-
ings and recommendations to the Secretary
and the Health Security Board.
Specifically, the Commission Is required to:
(1) collect data on a systematic ai.d na-
tloTiwlde basis th«t will provide Information
on the (A) qu?Ufiratlons of health person-
nel and the adeqticcy and ability of health
cTre facilities to provide qur.Uty health care:
( B ) the patterns of health care practices that
are delivered in actual episodes of cere; (C)
the utilization patterns for components of
the health care system: and (D) the health
of patients during and at the end of actual
episodes of care and the relationship of the
various factors outlined above to the health
of such patie-it'?:
<2) u«e the dfete it collects to develop sta-
tlstlstlcal norms and ranges to describe the
factors outlined in paragraph (li. Such
norms and ranges may be developed on a na-
tions! or reglo.'..i'.l br.sls, for particular popu-
latlcn groi:ps. or on any other basis deemed
most useful by the Commission;
(3) use such statistical norms and ranges
as a basis for developing standards (and ac-
ceptable deviation from such standards) that
will be useful In measuring, controlling, and
iinprovln:; the quality of health care: and
(4) 'make recommendations to the Secre-
tary and the Health Security Board on the
proper use of standards developed under the
provisions of paragraph (3) in connection
with the Board's continuing resonslblllty for
the maintenance and improvement of the
quality of the health care delivered under the
Health Security Act. Such recommendations
may also be used by the Secretary or the
Bcflrd when developing proposals to amend
the Health Security Act.
When carryir.g out Its duties under the
provisions of this su'osectlcn. the Commission
is directed to give first priority to the quality
of care delivered for those illnesses or con-
ditio-is which have high incidence of occur-
rence within the population and which are
responsive to medical or other treatment.
Subsection (b) requires the Commission to
conduct a broad health care research pro-
gram. Specifically, the objectives of the pro-
gram are to:
(1) imprcve technologies for assessing
liealth care qviality;
I 2) compare the quality of health care an-
der alternative health delivery systems and
methods of payment;
(3) analyze the effects of consumer health
education and preventive health services:
(4) continue the studies made by the Sec-
retary's Commission on Medical Malpractice.
In this respect, the Commission is also re-
quired to evaluate any of the recommend|^
tions of the Secretary's Commission whi/h
the Health Security Board has put Into it-
fect. or any other measures that the Bodfd
has established, which pertain to the inci-
dence of malpractice, malpractice insumnce,
or malpr-ictlce claims; /
(5) obtahi other Information that will be
useful In order to accomplish the prj-poses of
the new tlt'e of the Public Health Service
Act Ai.d title I. part K. of the Health Security
Act (cotiCeming the maintenance and im-
provement of the quality of health care de-
livered under the Health Security Act).
Subsoctlo'i ( c ) authorizes the Commission
to provide technical assistance to enable par-
ticipating providers to furnish the Board
with Information reau'.-ed by it for purposes
of the Commission. T!ie Commission is also
authorized to provide tech;.ica! assistance
ta pErtlclpcting providers who are develop-
ir.g and carrying out quality control pro-
erpms.
(Se.nion 1203. Public Health Service Act.)
This section directs the Commission, even
before It has developed standards under the
pre.^eediiig provisions, to give advice and
make recommendations to the Health Se-
';rlty Board concernlrg quality health care
regulations.
^Section 1204, Public Health Service Act.)
This .section authorizes the Commission to
est.vbllsh twenty-five posftlor.s. r?j-rylr.g sal-
aries in the GS-16 to GS-18 range. In the
ir.ifesslo* al, scie'-itlfic, and executive service,
to men the reed for highly qualified per-
soi'iiel In the research a.id development ac-
tlvit les of the Commission.
(Section 30?..) This section makes con-
forming technical amendments to the Pub-
lic Health Services Act.
129
TTTLE IV — REPEAL OR AMENDMENT OF OTHEK
ACTS
(Section 401.) Subsection (a) repeals Med-
icare on the date benefits become effective
but stipulates that this shall not affect any
right or obligation incurred prior to that
date.
(Section 402.) This section requires that
after the effective date of benefits, no State
shall be required to furnish any service cov-
ered under Health Security as a part of Its
State plan for participation under Medicaid,
and that the Federal government will have
no responsibility to reimburse any State for
the cost of providing a service which Is cov-
ered under Health Security. After the effec-
tive date of benefits, the Secretary of HEW
shall prescribe by regulation the new mini-
mum scope of services required as a condi-
tion of State participation under Title XIX.
To the extent the Secretary finds practlca-
able. the new minimum benefits wUl be de-
signed to supplement Health Security — espe-
cially with respect to skilled nursing home
services, dental services and the furnishing
of drugs.
(Section 403.) This section provides that
funds available under the Vocational Re-
habilitation Act or the Maternal and Child
Health title of the Social Security Act
shall not be used to pay for personal
liealth services after the effective date
of benefits, except (to the extent pre-
scribed in regulations by the Secretary of
HEW) to pay for services which are more ex-
tensive than those covered under Health
Security.
(Section 404.) This section makes appli-
cable to Health Security the provisions re-
cently added to the Social Security Act re- ■
quiring reduction In reimbursement for care
in facilities which have made substantial
capital expenditures found by a State plan-
ning agency to be Inconsistent with stand-
ards developed pursuant to the Public Health
Service Act. Because the provision will con-
tinue to apply to the residual programs
under titles V and XIX of the Social Secur-
ity Act, the reductions will continue to be
determined by the Secretary and his deter-
minations are made binding on the Board,
as provided In section 89 of the bill.
(Section 405.) This section repeals the pro-
visions recently added to the Social Secur-
ity Act relating to professional standards
review organizations. Section 145 of the bill
permits the use of such organizations already
designated by the Secretary, and approval by
the Board and use of similar organizations In
the future.
(Section 406.) Subsection (a) amends sec-
tion 1817 of the Social Security Act, creating
the Federal Hospital Insurance Trust Puncf,
and transfers It to become section 61 of the
Health Security Act under the title "Health
Security Trust Fund". The effect of this
transfer Is summarized In the description
of title I, part D, of the present bill. Subsf c-
tlon (b) extends to the Health Security
system the provisions of section 201(g) of
the Social Security Act, authorizing annual
Congressional determination of amounts to
be available from the respective trust funds
for the administration of the several na-
tional systems of social Insurance. Subsec-
tions (c) and (d) contain conforming and
technical provisions.
(Section 407.) This section contains the
extension and enlargement, for the pur-
poses of section 102 of the present bill, of
sections 314 (a) and (b) of the Public Health
Service Act under which support Is provided
for State and local comprehensive health
planning.
(Section 408.) This section establishes the
salary levels for the Under Secretary for
Health and Science, Department of Health.
Education, and Welfare, the Chairman of
the Health Security Board, members of the
Health Seciu-lty Boards and members of the
Commission on the Quality of Health Care,
CXIX 9— Part 1
and the Executive Director of the Health
Security Board.
TFTLE V — STUDIES RELATED TO HEALTH
SECtjRiry
(Section 501.) This section directs the
Secretary of Health, Education, and Welfare
in consultation with the Secretary of State
and the Secretary of the Treasury to study
the coverage of health services for United
States residents In other countries.
(Section 502.) Subsection (a) directs the
Secretary of HEW to stiidy means of coor-
dinating the federal health care programs
for merchant seamen, and for Indians and
Alaskan natives, with the Health Security
benefits program. The Secretary and the Ad-
ministrator of Veterans' Affairs shall con-
duct a similar Joint study of the means of
coordinating veterans health care programs
with the Health Security benefits program.
A similar study is to be conducted, jointly
with the Secretary of Defense, relating to
the program of care, in civilian facilities,
of the dependents of military personnel.
Reports to the Congress and any legislative
recommendations arising from the studies
are required within three years after the
enactment of the Health Security Act.
Subsection (b) requires the respective
Secretaries and the Administrator to consult
with representatives of the affected bene-
ficiary groups, and to Include a summary of
their views In the reports to Congress.
With respect to the joint study to deter-
mine the most effective method of coordi-
nating the Veterans' Administration Health
Program with the Health Security program
established under this bill, it is Important
to understand that there is no intention to
require either the Integration of the VA
program Into the Health Security program,
or even the consideration of such Integra-
tion. Rather, the section recognizes that any
national health security or health Insurance
program would be so pervasive as to require
other federal health programs such as those
of the Veterans' Administration to be ef-
fectively coordinated with them. Through
such coordination, needless duplication and
expenditures should be avoided.
(Section 503.) This section authorizes the
appropriation of money needed for conduct-
ing the studies authorized In this title, and
the use of experts and consultants and ad-
visory comnilttees, and of -contracts for the
collection of Information or the conduct of
research.
Mr. KENNEDY. Mr. President, I ask
unanimous consent that a summary of
tlie bill be printed at this point in the
p.ECOIU).
/ There being no objection, the summary
was ordered to be printed in the Record,
as follows:
New Features in the Health SECtnimr Act
OP 1973, S. 3 — As Introduced in the 93d
Congress
dental bbneftts
The Health Security Board Is authorized
to extend the coverage for dental services
(limited to children up to age 15 at the
start) faster than the timetable specified In
the legislation If adequate manpower Is
available. In addition, the Board Is required,
within seven years of the effective date of the
legislation, to publish a timetable for phas-
ing in the entire adult population. To en-
courage the development of comprehensive
medical, 'dental or dental group practice pro-
grams, the Board is authorized to extend
coverage more rapidly to enrollees of such
groups than to the population at large. The
Resources Development Fund contains a new
priority to develop dental group practice.
health maintenance organizations
■nie name "comprehensive health service
organization" Is changed to "health main-
tenance organization." HMO's will now be
required to furnish or arrange for all cov-
ered services except mental and dental serv-
ices (previously they could also elect not
to furnish Institutional services — hospital,
skilled nursing home care, home health
services) .
PaOFESSIONAL FOUNDATIONS
Medical foundations are given the same ex-
panded drug benefit previously available only
In health maintenance organizations. That
Is, a full range of prescription drugs are now
covered for Ell patients served through
HMO's or foundations. The foundations are
required to provide the same range of serv-
ices as an HMO.
MALPRACTICE
While fully protecting patients' rights, the
new Health Security bill prevents double
recovery In a malpractice action by stipulat-
ing that no damages will be awarded to the,
Injured party for the cost of remedial services !
which he was (or is) entitled to receive free'
of charge under Health Security. The recom
meudatlons of the Commission Medical Prac
tlce will be considered by the Board.
MANPOWER TRAINING
There Is now authority to use training'
funds for the retraining of health workers
(as well as training). Similarly, support Is
now available to enhance or refresh skills
or for new positions of greater responsi-
bility— "career ladders" are encouraged
through grants. i
MAINTENANCE AND LONG-TERM CARE
A new section gives the Board authority i
to make grants for pilot projects to test the
feasibility of home maintenance care for
chronlcaUy 111 or disabled people. Home
maintenance services include homemaker '
services, home maintenance, laundry services,
meals on wheels, assistance with transporta-
tion and shopping, and such other services
as the Board deems appropriate. If experi-
ence under these projects proves that home
maintenance services reduce the need for
Institutional care (hospital, skilled nursing
home) and can be administered In such a
way as to effectively control Inappropriate
* or unnecessary utilization, the Board is au-
thorized to recommend expansion of these
services to the entire population.
CONSUliIER PARTICIPATldN
Requires regional and local advisory coun-
cils to select consumers who (to the maxi-
mum extent feasible) reflect the composi-
tion of the state or community served.
PROTECTION OP PREVIOUSLY NECOTXATED
BENEFITS
Strengthens the requirement that Health
Security will not alter existing employer ob-
ligations with respect to the purchase of
health benefits for his employees and re-
quires employers to absorb all or part of the
employees tax If his ciurent obligation for
health benefits exceeds 3.5% of payroll.
INCREASING THE TAX BASE TO REFLECT INCREASES
IN THE SOCIAL SECURITY TAX BASE
Provides a mechanism for Increasing the
Health Sectu-lty tax base at the rate of 125%
of the contribution and benefit base as
determined under Section 230 of the Social
Security Act.
TAX relhf for senior citizens
Exempts for purposes of ..he Health Se-
curity tax the first $3000 unearned Income
for persons over age 60.
TITLE m commission on THE QTTALITT OI-
care
This Is a new section establishing a Com-
mission on the Quality of Health care to
develop parameters and standards for care
of high quality. The Commission wUl be
quasi-Independent Board reporting to the
Health Security Board but with authority to
appeal to the Secretary of HEW If It believes
the Health Security Board has failed to Im-
plement or enforce effective quality stand-
ards. Part H (Sections 141-145) brings to-
I I
130
CONGRESSIONAL RECORD — SENATE
January i, 1973
gether quality control provisions previously
scattered throughout the bill.
By Mr. WILLIAMS (for himself
and Mr. Javits, Mr. Bayh, Mr.
Beall, Mr. Bible, Mr. Brooke,
Mr. BuRDicK, Mr. Case, Mr.
Cook, Mr. Cranston, Mr. Domi-
NicK, Mr. Eagleton, Mr. Gravel,
Mr. ^ART, Mr. Hughes, Mr.
Humphrey, Mr. Inouye, Mr.
Jackson. Mr. Kennedy, Mr.
Macnuson, Mr. Mansfield, Mr.
McGee. Mr. McGovERN, Mr.
McIntyre, Mr. Mondale. Mr.
MoNTOYA, Mr. Moss. Mr. Mus-
KiE. Mr. Nelson, Mr. Pastore,
Mr. Pell, Mr. Percy. Mr. Ran-
dolph, Mr. RiBicoFF, Mr.
Schweiker, Mr. Sparkman. Mr.
Stafford, Mr. Stevenson, Mr.
Taft. Mr. TuNNEY, and Mr.
Weicker* :
S. 4. A bill to strengthen and improve
the protections and interests of partici-
pants and beneficiaries of employee pen-
sion and welfare benefit plans. Referred
to the Committee on Labor and Public
Welfare.
RETIRZMENT INCOME SECURrTY FOR EMPLOYEES
ACT OF 1973
Mr. WILLIAMS. Mr. President, today,
together with Senator Javits and other
Senators, I am introducing the Retire-
ment Income Security for Employees Act
of 1973. This bill is identical to S. 3598
of the 92d Congress, and is designed to
alleviate a major problem facing many
older Americans by strengthening our
Nation's system of private pension plans.
As chairman of the Senate Subcom-
mittee on Labor, I have, for the past 3
years, directed a detailed study of pri-
vate pension plans in the United States.
That study has dramatically documented
the widespread weaknesses which often
deny American workers the retirement
security they look forward to during a
lifetime of work. The subcommittee care-
fully drafted the bill I am introducing
today to correct the deficiencies uncov-
ered by our study, and there is compel-
ling evidence in favor of prompt passage
of this measure.
Our study shows that private pension
plans repeatedly fail to fulfill their prom-
ise of retirement security. The subcom-
mittee provided a public forum, for the
first time, for workers who have suffered
because of such failures, and we listened
to one heartbreaking story after another
of dashed hopes, broken promises, and
the bleak despair of a poverty-stricken
old age. At public hearings in Washing-
ton and five other cities, workers elo-
quently expressed the shock and despair
they felt when they learned that their
dreams of living out retirement years in
economic security were never going to
come true.
Coupling this testimony with facts
gleaned from a survey of 1,302 repre-
sentative private plans, the subcommit-
tee developed a solid case for Federal
regulation of the system. For example,
we documented the fact that there are
a vast number of pension forfeitures as a
result of weak, or nonexistent, vesting
provisions.
In another phase of the study, the sub-
committee examined opposition to pen-
sion legislation based on anticipated
cost burdens to the plans, and to em-
ployers. Obviously, vastly increased costs
would work against the best interests of
all parties to the plans, possibly lowering
benefits at a time when they are already
very low In many plans. However, this
study, conducted by an independent ac-
tuary with assistance from the GAO,
found that the cost increase would come
to only a few tenths of a percentage
point if the minimum requirements for
vesting in this bill were to be followed.
Additionally, numerous staff studies of
individual plans were made, and inter-
views and conferences conducted, in a
search for factual data. Enough evidence
was accumulated by the subcommittee
during 1971 and 1972»to enable it to con-
clude that certain aspects of pension
plans must meet minimum standards if
such plans are to fulfill their intended
purpose. Most In need of Federal regula-
tion are the vesting, funding, and fidu-
ciary and disclosure requirements of
plans. The subcommittee also saw a need
for a Federal program of insurance
against plan terminations resulting from
the failure, merger, or sale of a business,
and for an experimental, voluntaiy pro-
gram of portability to which individual
employers could subscribe.
Additional support for pension reform
came from employer-spokesmen, and
other representatives from all segments
of this $152 billion industry, who testified
last June about the need for some Fed-
eral authority to insure that the worth-
while goals of employers and labor or-
ganizations in establishing pension plans
would be realized.
With this tremendous background of
evidence derived from years of painstak-
ing inquiry, the Retirement Income Se-
curity for Employees Act of 1972 was In-
troduced by Senator Javits and myself,
on May 11, 1972; we were ultimately
joined by 46 cosponsors. The Subcom-
mittee on Labor and the Committee on
Labor and Public Welfare unanimously
approved it, and S. 3598 was reported to
the Senate on September 15, 1972. My
colleagues will recall that, due to the
urgency of other matters pending, and
the proximity of national elections, that
bill was not brought to the floor for a
vote. However, although it was not voted
upon, many Senators expressed a desire
for the bill to be brought up in the next
session of the Congress as soon as pos-
sible.
Mr. President, the Retirement Income
Security for Employees Act of 1973 is
identical to the bill reported by the Com-
mittee on Labor and Public Welfare last
year. It would establish minimum stand-
ards in private pension plans for the pro-
tection and preservation of benefits which
are due to workers upon retirement. The
enactment of this bill will not only elim-
inate existing inequities, but will also
contribute to strengthening our private
pension system.
Under the provisions of this bill, 8 years
of service will vest a worker with 30 per-
cent of his retirement benefits; that Is
increased by 10 percent each year until
full vesting is achieved at 15 years. Be-
cause vesting of rights to a worker with-
out Eidequate funding is an empty prom-
ise, our bill will require fimding of all
pension benefit liabilities over a 30-year
period; it also Includes a Federal insur-
ance program to assure against loss of
pension benefits prior to full funding of
a plan. The bill will establish a voluntary
system for portability of vested benefit
credits. And, it also calls for improved
and more stringent fiduciary standards,
and more comprehensive and under-
standable disclosure to plan participants
of their rights and obligations.
Mr. President, this legislation is not in-
tended as an indiptment of the private
pension system in this country. However,
despite the effectiveness of some private
pension plans, it is undeniable that sub-
stantial numbers of plans, due to non-
existent o^ inequitable provisions for the
protection of workers, are failing to de-
liver the benefits promised to partici-
pants.
The weaknesses, and their tragic con-
sequences, must be recognized and cor-
rected. Opponents of comprehensive
pension reform have often attempted,
and sometimes succeeded, in clouding the
basic issue involved here. That issue is
simple — should American working men
and women be assured of receiving the
retirement benefits they are promised,
and that they look forward to during a
lifetime of toil? The answer is unques-
tionably "yes." Furthermore, I believe a
majority of my colleagues in this Cham-
ber, and a majority of the Members of
the House of Representatives, share that
view.
The shortcomings in pension plans
documented by our Labor Subcommittee
study are neither imaginary, nor exag-
gerated ; they are very real and they con-
tinue to bring great hardships to thou-
sands of workers. Our study clearly docu-
mented both the shortcomings and the
resulting hardships, and pointed the way
to meaningful change. It also under-
scored the fact that real improvement in
this unconscionable situation will come
only through comprehensive legislative
action. The Retirement Income Security
for Employees Act of 1973 represents
that kind of comprehensive approach.
and, in my judgment, would go a long
way toward strengthening private pen-
sion plans.
For far too many years, American
workers have suffered under pension plan
vagaries and inequities. For far too many
years, workers have seen life-long dreams
of retirement security disappear into thin
air. The changes envisioned in this bill
are long, long overdue. I earnestly hope'
that they will be enacted by this 93d Con-
gress; it would be an outrage if we failed
to act, and asked some 35 million Amer-
icans covered by private pension plans
to wait even longer for the retirement
security that is rightfully theirs.
Mr. President, I ask unanimous consent
that the full text of the bill together with
an outline of its major provisions and a
section-by-section analysis be printed in
the Record at this point.
There being no objection, the material
was ordered to be printed in the Record,
as follows:
Jamiarij k-, 1973
CONGRESSIONAL RECORD — SENATE
131
S. 4
A bill to strengthen and improve the protec-
tions and Interests of participants and
beneficiaries of employees pension and wel-
fare benefit plans
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That this
Act may be cited as the "Retirement Income
Security for Employees Act".
INDEX
Sec. 2. Findings and declaration of policy.
Sec. 3. Definitions.
TITLE I— ORGANIZATIONS
Part A — Organizational Strxjctttre
Sec. 101. Powers and duties of the Secretary.
Sec. 102. Appropriations.
Sec. 103. Office of administration.
Part B — Coverage. Exemptions, and
Registration
Sec. 104. Coverage and exemptions.
Sec. 105. Registration of plans.
Sec. 106. Reports on registered plans.
Sec. 107. Amendments of registered plans.
Sec. 108. Certificate of rights.
TITLE II— VESTING AND FUNDING
REQUIREMENTS
Part A— Vesting Requirements
Sec. 201. Eligibility.
Sec. 202. Vesting schedule.
Part B — Funding
Sec. 210. Funding requirements.
Sec. 211. Discontinuance of plans.
Part C — Variances
Sec. 216. Deferred applicability of vesting
standards.
Sec. 217. Variances from funding require-
ments.
TITLE III— VOLUNTARY PORTABILITY
PROGRAM FOR VESTED PENSIONS
Sec. 301. Program established.
Sec. 302. Acceptance of deposits.
Sec. 303. Special fund.
Sec. 304. Individual accounts.
Sec. 305. Payments from individual accounts.
Sec, 306. Technical assistance.
TITLE rv— PLAN TERMINATION
INSURANCE
Sec. 401. Establishment and applicability of
program.
Sec. 402. Conditions of Insurance.
Sec. 403. Assessments and premiums.
Sec. 404. Payment of Insurance.
Sec. 405. Recovery.
Sec. 406. Pension Benefit Insurance Fund.
TITLE V— DISCLOSURE AND FIDUCIARY
STANDARDS
TITLE VI— ENFORCEMENT
TITLE VTI — EFFECTIVE DATES
FINDINGS AND DECLARATION OF POLICY
Sec. 2. (a) The Congress finds that private
pension and other employee benefit plans
and programs In the United States are In-
trinsically woven into the working and re-
tirement lives of American men and women;
that such plans and programs have become
firmly rooted into our economic and social
structure; that their operational scop^ and
economic impact is interstate and increas-
ingly affecting more than thirty million
worker participants throughout the United
States; that the pension assets of approxi-
mately $150,000,000,000 accelerating at more
than $10,000,000,000 annually, represent the
largest fund of virtually unregulated assets
In the United States; that the growth In size,
scope, and numbers of employee benefit plans
is continuing rapidly and substantially; that
Federal authority over the establishment,
administration, and operations of these plans
Is fragmented and ineffective to secure ade-
quate protection of retirement and welfare
benefits due to the workers covered and
H^
affected; that deficient and Inadequate pro-
visions contained in a number of such plans
are directly responsible for hardships upon
working men and women who are not real-
izing their expectations of pension benefits
upon retirement; that there have been found
to be serious consequences to such workers
covered by these plans directly attributable
to Inadequate or nonexistent vesting provi-
sions, lack of portability to permit the trans-
ler o: earned credits by employees from one
employment to another; that terminations
of plans beyond the control of employees,
without necessary and adequate funding for
benefit payments, has deprived employees
and their dependents of earned benefits; that
employee participants have not had sufficient
information concerning their rights and
responsibilities under the plans, resuiting in
loss of benefits, without knowledge of same;
that the lack of uniform minimum standards
of conduct required of fiduciaries, adminis-
trators, and trustees has jeopardized the
security of employee benefits; and that it is
therefore desirable. In the Interests of em-
ployees and their beneficiaries, and in the
interest of the free flow of commerce, that
minimum standards be prescribed to assure
that private pension and employee benefit
plans be equitable in character and finan-
cially sound and properly administered.
(b) It Is the declared policy of this Act
to protect interstate commerce, and the
equitable Interests of participants in private
pension plans and their beneficiaries, by im-
proving the scope, administration, and oper-
ation of such plans, by requiring pension
plans to vest benefits in employees after
equitable periods of service; to meet ade-
quate minimum standards of funding; to
prevent the losses of employees' earned
credits resulting from change of or separa-
tion from employment; to protect vested
benefits of employees against loss due to plan
termination; and to require more adequate
disclosure and reports to participants and
beneficiaries of plan administration and
operations, including financial information
by the plan to the participant, as may be
necessary for the employees to have a com-
prehensive anH u^'ter understanding of their
rights and obligations to receive benefits
from the plans in which they are partici-
pants; to establish minimum standards of
fiduciary conduct, and to provide for more
appropriate and adequate remedies, sanc-
tions, and ready access to the courts.
DEFINmONS
Sec. 3. As used in this Act —
(1) "Secretary" means the Secretary of
Labor.
(2) "Office" means the OflBce of Pension
and Welfare Plans Administration.
(3) "Assistant Secretary" means the As-
sistant Secretary of Labor in charge of the
Office of Pension and Welfare Plans Admin-
istration. ^
(4) "State" means any State of the United
States, the District of Columbia, Puerto Rico,
the Virgin Islands. American Samoa, Guam,
Wake Island, the Canal Zone, and Outer
Continental Shelf lands defined in the Outer
Continental Shelf Lands Act (43 U.S.C. 1331-
1343).
(5) "Commerce" means trade, traffic, com-
merce, transportation, or communication
among the several States, or be ween any
foreign country and any S*nte, or between
any State and any place outside thereof.
(6) "Industry or activity affecting com-
merce" means any activity, business, or In-
dustry in commerce or In which a labor dis-
pute would hinder or obstruct commerce or
the free flow of commerce and includes any
activity or industry affecting commerce
within the meaning of the Labor-Manage-
ment Relations Act, 1947, as amended, or the
Railway Labor Act, as amended.
(7) "Employer" means any person acting
directly as an employer or Indirectly in the
interest of an employer In relation to a peti-
sion oi^^ofit-sharlng -retirement plan, and
Includess group or association of employers
acting for an emplo>*er in such capacity.
(8) "Employee" means any individual en^-
ployed by an employer.
(9) "Participant" means any employee or
former employee of an employer or any mem-
ber o^ former member of an employee orga-
nization who is or may become eligible to re-
ceive a benefit of any type from a pension
or profit-sharing-retirement plan, or who?e
beneficiaries may be eligible to receive aay
such benefit.
(10) "Beneficiary" means a person desig-
nated by a participant or by the terms of a
pension or profit-sharing-retirement plan
who is or may become entitled to a benefit
thereunder.
(11) "Person" means an Individual, part-
nership, corporation, mutual company, joint-
stocks company, trust, unincorporated orga-
nization,
tion.
association, or employee organiza-
(12) "Employee organization" means any
labor union or any organization of any kind,
or any agency or employee representation
committee, association, group, or program, in
which employees participate and which ex-
ists for the purpose in whole or in part, of
dealing with employers concerning a pen-
sion or profit-sharing-retirement plan, or
other matters incidental to employment re-
lationships; or any employees' beneficiary
association organized for the purpose. In
whole or in part, of establishing or main-
taining such a plan.
(13) The term "fund" means a fund of
money or other assets maintained pursuant
to or in connection with a pension or proflt-
sharlng-retlrement plan, and Includes em-
ployee contributions withheld but not yet
paid to the plan by the employer, or a con-
tractual agreement with an Insurance car-
rier. The term does not include anv assets
of an investment company subject to regula-
tion under the Investment Companv Act of
1940.
(14) "Pension plan" means any plan, fund,
or program, other than a profit-sharing-re-
tirement plan, which Is communicated or its
benefits described In writing to employees
and which is established or maintained for
the purpose of providing for its participants,
or their beneficiaries, by the purchase of in-
surance or annuity contracts or otherwise,
retirement benefits. ,
(15) "Profit - sharing -retirement plan"
means a plan established or maintained by
an employer to provide for the participation
by the employees in the current or accumu-
lated profits, or both the current and ac-
cumulated profits of the employer In ac-
cordance with a definite predetermined for-
mula for allocating the contributions made
to the plan among the participants and for
distributing the funds accumulated under
the plan upon retirement or death. Such plan
may include provisions permitting the with-
drawal or distribution of the funds arcumu-
lated upon contingencies other than, and In
addition to, retirement and death.
(16) "Regi-stered plan" means a pension
plan or profit-sharing-retirement plan regis-
tered and certified by the Secretary as a plan
established and operated in accordance with
title I of this Act.
(17) "Money purch.'\.se plan" refers to a
pension plan in which contributions of the
employer and employee (If any» are accumu-
lated, with Interest, or other income, to pro-
vide at retirement whatever pension benefits
the resulting sum will buy. |
(18) The term "administrator" means —
(A) the person specifically so designated
by the terms of the pension or iprofit-sharlng-
retlrement plan, collective bargaining agree-
ment, trust agreement, contract, or other in-
strument, under which the plan 1« estab-
lished or operated; or
(B) in the absence of such designation, (1)
:32
I
I
CONGRESSIONAL RECORD — SEN ATE
January ^, 1973
the employer In the case of a pension, or
1 r^t-shartng-retlrement plan established or
^Jtotalned by a single employer, (11) the em-
^ loyee organization In the case of such plan
I stabllshed or maintained by an employee
(organization, or (111) the association, com-
1 alttee. Joint board of trustees, or other slml-
1 ir group of representatives of the parties
■ 7ho have established or maintain such plan.
In the case of a plan established or maln-
1 alned by two or more employers or Jointly
1 ly one or more employers and one or more
( mployee organizations.
i 19) "Initial unfunded liability" means the
I, mount (on the effective date of title n. or
! he effective date of the establishment of a
; )enslon plan or any amendment thereto.
• fc-hlchever is later) , by which the assets of
1 he plan are required to be augmented to
1 nsure that the plan Is and will remain fully
: unded.
(20) "Unfunded liability" means the
I imount on the date when such liability Is
i.ctuarially computed, by which the assets
I >f the plan are required to be augmented to
nsure that the plan is and will remain fully
1 iinded.
(21) "Fully funded" with respect to any
)eiision plan means that such plan at any
)artlcular time has assets determined, by
\. person authorized under section 101(b)
1 ) . to be sufficient to provide for the pay-
nent of all pension and other benefits to
)articipants then entitled or who may be-
'ome entitled under the terms of the plan
;o an immediate or deferred benefit In respect
:o service rendered by s\ich participants.
(22) "Experience deficiency" with respect
:o a pension plan means any actuarial deficit,
letermlned at the time of a review of the
Dlan, that Is attributable to factors other
ban the existence of an initial unfunded
lability or the failure of any employer to
Tiake any contribution required by the terms
3f the plan or by section 210. except insofar
IS such failure to make a required contri-
bution Is treated as an exp>erlence deficiency
under 217(a) (1).
(23) "Funding" shall mean payment or
transfer of assets Into a fund, and shall
[ilso include payme:it to an Insurance car-
rier to secure a contractual right pursuant
to an agreement with such carrier.
(24) "Normal service cost" means the an-
nual cost assigned to a pension plan, under
the actuarial cost method In use (as of the
effective date of title 11 or the date of estab-
lishment of a pension plan after such date),
exclusive of any element representing any
inltlal'unfunded liability or interest thereon.
(25) "Special payment" means a payment
made to a pension plan for the purpose of
liquidating an initial unfunded liability or
experience deficiency.
(26) "Nonforfeitable right" or "vested
right" means a legal claim obtained to that
part of an Immediate or deferred life annuity
which notwithstanding any conditions sub-
sequent which could affect receipt of any
benefit flowing from such right, arises from
the participant's covered service under the
plan, and Is no longer contingent on the par-
ticipant remaining covered by the plan.
(27) "Covered service" means that {jeriod
of service performed by a participant for an
employer or as a member of an employee
organization which is recognized under the
terms of the plan or the collective bargaining
agreement (subject to the requirements of
part A of title 11) for purposes of deter-
mining a participant's eligibility to receive
pension benefits or for determining the
amount of such benefits.
(28) "Normal retirement benefit" means
that benefit payable under a pension or
profit-sharing-retirement plan in the event
of retirement at the normal retirement age.
(29) "Normal retirement age" means the
normal retirement age, specified under the
plan but not later than age 6« or. In the
absence of plan provisions specifying the nor-
mal retirement age, age 65.
(30) "Pension benefit" means the aggre-
gate, annual, monthly, or other amounts to
which a participant will become entitled up-
on retirement or to which any other person U
entitled by virtue of such participant's death.
(31) "Aciarued portion of normal retire-
ment beneCrt" means that amount of benefit
which, Irp^pectlve of whether the right to
such benefit is nonforfeitable, is equal to —
(A) In the case of a profit-sharing-retire-
ment plan or money purchase plan, the total
amount (Including all Interest held in the
plan) credited to the account of a partici-
pant;
(B) in the case of a unit benefit-type pen-
sion plan, the benefit units credited to a par-
ticipant; or
(C) in the case of other types of pension
plans, that portion of the prospective normal
retirement benefit of a participant, which
under rule or regulation of the Secretary is
determined to constitute the participant's
accrued portion of the normal retirement
benefit under the terms of the appropriate
plan.
(32) "Multi-employer plan" means a col-
lectively bargained pension plan to which a
substantial number of unaffiliated employers
are required to contribute and which covers
a substantial ftortlon of the Industry in
terms of employees or a substantial number
of employees in the Industry In a particular
geographic area.
(33) "Unaffiliated employers" means em-
ployers other than those under common
ownership or control, or having the relation-
ship of parent-subsidiary, or directly or In-
directly controlling or controlled by another
employer.
(34) "Qualified insurance carrier" means
an Insurance carrier subject to regulation
and examination by the government of any
State, which is determined by rule or reg-
ulation of the Secretary to be suitable for
the purchase of the single premium life an-
nuity or the annuity with survivorship op-
tions authorized under section 305(2).
(35) "Vested liabilities" means the present
value of the immediate or deferred pension
benefits for participants and their benefi-
ciaries which are nonforfeitable and for
which all conditions of eligibility have been
fulfilled under the provisions of the plan
prior to its termination.
(36) "Unfunded vested liabilities" means
that amount of vested liabilities that cannot
be satisfied by the assets of the plan, at fair
market value, as determined by rule or regu-
lation of the Secretary.
TITLE I — ORGANIZATION
P.\RT A — Organizational Structttre
POWERS AND DUTIES OF THE SECRETART
Sec. 101. (a) It shall be the duty of the
Secretary —
( 1 ) to promote programs and plans for the
establishment, administration, and opera-
tions of pension, profit-sharing-retirement,
and other employee benefit plans In further-
ance of the findings and policies set forth
In this Act:
(2) to determine, upon application by a
pension or profit-sharing-retirement plan,
such plan's eligibility for registration with
the Secretary under section 105 and, upon
qualification, to register such plan and issue
appropriate certificates of registration;
(3) to cancel certificates of registration of
pension and profit-sharing-retirement plans
registered under section 105, upon determi-
nation by the Secretary that such plans are
not qualified for such registration;
(4) (A) to direct, administer, and enforce
the provisions and requirements of this Act
and the Welfare and Pension Plans Dis-
closure Act, except where such provisions are
only enforceable by a private party:
(B) to make appropriate and necessary
Inquiries to determine violations of the pro-
visions of this Act, or the Welfare and Pen-
sion Plans Disclosure Act, or any rule or
regulation Issued thereunder: Provided, how-
ever, That no periodic examination of the
books and records of any plan or fund shall
be conducted more than once annually un-
less the Secretary has reasonable cause to
believe there may exist a violation of this
Act or the Welfare and Pension Plans Dls-
closure Act or any rule or regulation there-
under;
(C) for the purpose of any Inquiry pro-
vided for In subparagraph (B). the provi-
sions of sections 9 and 10 (relating to the
attendance of witnesses and the production
of books, papers, and documents) of the
Federal Trade Commission Act of Septem-
ber 1, 1914, are hereby made applicable to
the Jurisdiction, powers, and duties of the
Secretary.
(5) to bring civil actions authorized by
this Act subject to control and direction
of the Attorney General;
(6) to appoint and fix the compensation
of such employees as may be necessary for
the conduct of his business under this Act
In accordance with the provisions of title
5, United States Code, governing appoint-
ment In the competitive service, and chap-
ter 51 and subchapter in of chapter 53 of
such title relating to classification and Gen-
eral Schedule pay rates, and to obtain the
services of experts and consultants as nec-
essary In accordance with section 3109 of title
5, United States Code, at rates for Individuals
not to exceed the per diem equivalent for
GS-18;
(7) to perform such other functions as
may be necessary to carry o\it the purposes
of this Act.
(b) The Secretary is authorized to pre-
scribe rules and regulations —
(1) establishing standards and qualifica-
tions for persons responsible for perform-
ing services under this Act as actuaries and
upon application of any such person, to cer-
tify whether such person meets the stand-
ards and qualifications prescribed;
(2) establishing reasonable fees for the
registration of pension and profit-sharing-
retirement plans and other services to be
performed by him in Implementing the pro-
visions of this Act, and all fees collected by
the Secretary shall be paid Into the general
fund of the Treasury;
(3) establishing reasonable limitations on
actuarial assumptions, based upon appro-
priate experience, including, but not limited
to, interest rates, mortality, and turnover
rates;
(4) such as may be necessary or appro-
priate to carry out the purposes of this Act,
Including but not limited to definitions of
actuarial, accounting, technical, and other
trade terms in common use in the subject
matter of this Act and the Welfare and Pen-
sion Plans Disclosure Act; and
(5) governing the form, detail, and Inspec-
tion of all required records, reports, and doc-
uments, the maintenance of books and rec-
ords, and the Inspection of such books and
records, as may be required under this Act.
(c)(1) The Secretary Is authorized and
directed to undertake appropriate studies re-
lating to pension and proflt-sharlng-retlre-
teent plans including but not limited to the
effects of this Act upon the provisions and
costs of pension and profit-sharing-retire-
ment plans, the role of private pensions in
meeting retirement security needs of the
Nation, the administration and operation of
pension plans. Including types and levels of
benefits, degree of reciprocity or portability
financial characteristics and practices, meth-
ods of encouraging the growth of the private
pension system, and advisability of addition*!
coverage under this Act.
(2) The Secretary shall submit annually a
report to the Congress covering his activities
under this Act during the preceding fiscal
year, together with the results of such studies
as are conducted pursuant to this Act, or,
from time to time, pursuant to other Acts of
January j^Jf 1973
CONGRESSIONAL RECORD — SENATE
133
Congress, and recommendations for such fur-
ther legislation as may be advisable.
(d) Prior to promulgating rules or regula-
tions, the Secretary shall consult with appro-
priate departments or agencies of the Federal
Govenunent to avoid unnecessary conflicts,
duplication^ or Inconsistency with rules and
regulatlonsVhlch may be applicable to such
plans under other laws of the United States.
(e) In order to avoid unnecessary expense
and duplication of functions among Govern-
ment agencies, the Secretary may make such
arrangements or agreements for cooperation
or mutual assistance In the performance of
his functions under this Act and the func-
tions of any agency. Federal or State, as he
may find to be practicable and consistent
with law. The Secretary may utilize on a re-
imbursable basis the facilities or services of
any department, agency, or establishment of
the United States, or of any State, including
services of any of its employees, with the
lawful consent of such department, agency,
or establishment; and each department,
agency, or establishment of the United States
is authorized and directed to cooperate with
the Secretary, and to the extent permitted
by law, to provide such information and
facilities as the Secretary may request for
his assistance in the performance of his
functions under this Act.
APPROPRIATIONS
Sec. 102. There are authorized to be ap-
propriated such sums as may be necessary to
enable the Secretary to carry out his func-
tions and duties.
OFFICE OF ADMINISTRATION
Sbc. 103. (a) There is hereby established
within the Department of Labor an office to
be known as the Office of Pension and Wel-
fare Plan Administration. Such Office shall
be headed by an Assistant Secretary of La-
bor who shall be appointed by the President,
by and with the advice and consent of the
Senate.
(b) It shall be the duty of the Assistant
Secretary of Labor under the supervision of
the Secretary to exercise such power and au-
thority as may be delegated to him by the
Secretary for the administration and en-
forcement of this Act.
(c) Paragraph 20, of section 5315, title 5,
United States Code, Is amended by striking
"(5)" and inserting lij lieu thereof "(6)".
(d) Such functions, books, records, and
personnel of the Labor Management Serv-
ices Administration as the Secretary deter-
mines are related to the administration of the
Welfare and Pension Plans Disclosure Act
are hereby transferred to the Office of Pen-
sion and Welfare Plan Administration.
Part B — Coverage, Exemptions, and
Registration
coverage and exemptions
Sec 104. (a) Except as provided In sub-
sections (b) and (c), titles 11, III, and IV
of this Act shall apply to any pension plan
and any profit-sharing-retirement plan es-
tablished or maintained by any employer
engaged In interstate commerce or any indus-
try or activity affecting Interstate commerce
or by any employer together with any em-
ployee organization representing employees
engaged in commerce or In any Industry or
activity affecting such commerce or by any
employee organization representing employ-
ees engaged In commerce or in any industry
or activity affecting commerce.
(b) Titles II, III. and IV of this Act shall
not apply to any pension plan or any profit-
sharing-retirement plan if —
( 1 ) such plan is established or maintained
by the Federal Government or by the govern-
ment of a State or by a political subdivision
of the same or by any agency or instrumen-
tality thereof;
(2) such plan is established or maintained
by a religious organization described under
section 501(c) of the Internal Revenue Code
of 1954 which is exempt from taxation vn-
der the provisions of section 501(a) of such
Code;
(3) such plan is established or maintained
by a self-employed individual exclusively for
his own benefit or for the benefit of his sur-
vivors or established or maintained by one or
more owner-employers exclusivsly for his or
their benefit or for the benefit of his or their
survivors;
(4) such plan covers not more than twen-
ty-five participants;
(5) such plan Is established or maintained
outside the United States primarily for the
benefit of employees Who are not citizens
of the United States and the situs of the
employee benefit plan fund established or
maintained pursuant to such plan Is main-
tained outside the United States;
(6) such plan Is unfunded and is estab-
lished or maintained by an employer pri-
marily for the purpose of providing deferred
compensation for a select group of manage-
ment employees and Is- declared by the em-
ployer as not Intended to meet the require-
ments of section 401 (a) of the Internal Reve-
nue Code; or
(7) such plan Is established or maintained
by an employee organization and is admin-
istered and financed solely by contributions
from Its members.
(c) Title IV and part B of title H shall not
apply to profit-sharing-retirement plans or
money purchase plans.
(d) Titles V and VI shall apply to any plan
covered by the Welfare and Pension Plans
Disclosure Act and any pension plan or
profit-sharing-retirement plan covered by
this Act.
registration of plans
Sec. 105. (a) Every administrator of a pen-
sion or profit-sharing-retirement plan to
Which titles II. III. or IV apply shall file
with the Secretary an application for regis-
tration of such plan. Such application shall
be In such form and shall be accompanied
by such documents as shall be prescribed by
regulation of the Secretary. After qualifica-
tion under subsection (c) . the administrator
of such plan shall comply with such require-
ments as may be prescribed by the Secretary
to maintain the plan's qualification under
this title.
(b) In the case of plans established on or
after the effective date of this title, the filing
required by subsection (a) shall be made
within six months after such plan is estab-
lished. In the case of plans established prior
to the effective date of this title, such filing
shall be made within six months a^Tter the
effective date of regulations promulgated by
the Secretary to Implement this section but
In no event later than twelve months after
the date of enactment of this Act.
(c) Upon the filing required by subsection
(a) . the Secretary shall determine whether
such plan Is qualified for registration under
this title, If the Secretary finds It qualified,
he shall Issue a certificate of registration with
respect to such plan.
(d) If at any time the Secretary deter-
mines that a plan required to qualify under
this title is not qi^alifled or is no longer
qualified for registration under this title, he
shall notify the administrator, setting forth
the deficiency or deficiencies In the plan or
In Its administration or opteratlons which is
the basis for the notification given, and he
shall further provide the administrator, the
employer of the employees covered by the
plan (If not the administrator), and the
employee organization representing such
employees, if any. a reasonable time within
which to remove such deficiency or deficien-
cies. If the Secretary thereafter determines
that the deficiency or defitlencles have been
removed, he shall Issue or continue in effect
the certificate, as the case may be. If he
determines that the deficiency or deficiencies
have not been removed, he shall enter an
order denying or canceling the certificate
of registration, and take such further. action
Eis may be appropriate imder title VI.
(e) A pension or profit-sharing-retire-
ment plan shall be qualified for registration
under this section If it conforms to, and is
administered In accordance with this Act,
the Welfare and Pension Plans Disclosure
Act, and in the case of a pension plan sub-
ject to title rv of this Act, applies for and
maintains plan termination insurance and
I>ays the required assessments and pre-
miums, f
reports on registered plans
Sec. 106. The Secretary may, by regula-
tions, provide for the filing of a single re-
port satisfying the reporting requirements
of this Act, and the Welfare and Pension
Plans Disclosure Act.
amendments of registered plans
Sec. 107. Where a pension or profit-shar-
lug-retirement plan filed for registration un-
der this title is amended subsequent to such
filing, the administrator shall (pursuant to
regulations promulgated by the Secretary)
file with the Secretary a copy of the amend-
ment and such additional information and
reports as the Secretary by regulation may
require, to determine the amount of any
Initial unfunded liability created by the
amendment, If any, and the special payments
required to remove such liability. j
certificate of rights '
Sec. 108. The Secretary shall, by regula-
tion, require each pension and profit-shar-
ing-retirement plan to furnish or make avail-
able, whichever is the most practicable, to
each participant, upon termination of serv-
ice with a vested right to an immediate or
a deferred pension benefit or other vested
interest, with a certificate setting forth the
benefits to which he is entitled, including,
but not limited to. the name and location
of the entity responsible for payment, the
amount of benefits, and the date when pay-
ment shall begin. A copy of each such cer-
tificate shall be filed with the Secretary.
Such certificate shall be deemed prima facie
evidence of the facts and rights set forth in
such certificate.
TITLE II— VESTING AND FUNDING RE-
QUIREMENTS
Part A — Vesting Requirements
ELIGIBnjTY
Sec. 201. No pension or profit-sharing-re-
tirement plan filed for registration under
this Act shall require as a condition for eligi-
bility to participate In such a plan a period
of service longer than one year or an age
greater than twenty-five, whichever occurs
later: Provided, however. That in the case
of any plan which provides for Immediate
vesting of 100 per centum of earned benefits
of participants, such plan may require as a
condition for eligibility to participate in the
plan, a period of service no longer than three
years or an age greater than thirty, which-
ever occurs later.
VESTING SCHEDULE
Sec. 202. (a) All pension or profit-sharing-
retirement plans filed for registration under
this Act. except as provided for in para-
graphs (2) and (3) herein, shall provide un-
der the terms of the plan with respect to
covered service both before and after the
effective date of the title, that:
(1) a plan participant who has been in
covered service under the plan for a period
of eight years is entitled upon termination
of service prior to attaining normal retire-
ment age —
(A) in the case of a pension plan, to a de-
ferred pension benefit commencing at his
normal retirement age; or
(B) In the case of a proflt-aharlng-retlre-
ment plan, to a nonforfeitable right to hla
Interest In such plan
equal to 30 per centum of the accrued por-
tion of the normal retirement benefit as pro-
1J4
CONGRESSIONAL RECORD — SENATE
January U, 1973
vl3ed by the plan In respect of such service,
oi of such Interest, respectively, and such
81 tltlement shall Increase by 10 per centum
p( r year thereafter of covered service tintll
tl e completion of fifteen years of covered
s« rvlce after which such participant shall be
ei itltled upon termination of service prior to
ai talnlng normal retirement age to a de-
fe rred pension benefit commencing at his
n )rmal retirement age equal to 100 per cen-
ti m of the accrued portion of the normal
re tlrement benefit as provided by the plan
with respect to such service, or to the full
ai noui* of such Interest In the profit-shar-
i: g-refl^ement plan;
(2) ■» le requirements of paragraph (1) of
tills su (Section need not apply with respect
t< > acci ied portions of normal retirement
b fnefit>* attributable to covered service ren-
d -red prior to the effective date of this title
b r any plan participant who has not at-
ti ,ined forty-flve years of age on the effective
d ite of this title and, In the event a plan Is
e itabltehed or amendment after the effective
d ite of this title, the requirements of para-
g-aph (I) of this subsection need only apply
to senlce rendered after the date of the
p an's establishment or the date of such
p an rmendment with respect to any Im-
p:ovei(*nt in benefits made by such amend-
ment.,*
(3) * the plan Is a class year plan, then
s ich pftn shall provide that the participant
s lall a quire a nonforfeitable right to 100
p »r cei iim of the employer's contribution
0 1 his . chalf with respect to any given year,
T, ot lat&: than the end of the fifth year fol-
li (Wing the year for which such contribution
V as made. For the purposes of this para-
g-aph. the term "class year plan" means a
profit-sharing-retirement plan which pro-
V Ides for the separate vesting of each annual
ontribution made by the employer on be-
half of a participant.
1 4) the pension benefits provided under
t le terms cf a pension plan, and the interest
1 1 a profit-sharing-retirement plan referred
t> in subparagraph (B) of paragraph (1)
siall not be capable of assignmeiit or alien-
ation aud shall not confer upon an employee,
personal representative, or dependent, or any
ether person, any right or Interest in such
pension benefits or profit-sharing-retirement
plan, capable of being assigned or otherwise
sllenated; except that where a plan fails to
r wke appropriate provision therefor, the Sec-
i?tary shall, by regulation, provide for the
f nal disposition of plan t)enefits or interests
\rhen beneficiaries cannot be located or as-
certained within a reasonable time,
(b) Any participant covered under a plan,
1 -Jt the number of years required for a vested
light under this section, shall be entitled
! 0 such vested right regardless of whether his
1 ears of covered service are continuous, ex-
( ept that a plan may provide that —
(1) three of the eight years to qualify for
I he 30 per centum vested right under sub-
jection I a) shall be continuous under stand-
rds prescribed under subsection (c),
(2) service by a participant prior to the
.ge of twenty-five may be ignored in deter-
ninlng eligibility for a vested right under
hs section, unless such participant or an
I mployer has contributed to the plan with
: espect to such service, and
(3) In the event a participant has attained
1 vested right equal to 100 per centum of
he accrued portion of the normal retirement
)enefit as provided by the plan with respect
a such service, or to the full amount of
luch Interest In a profit-sharing-retirement
)Ian. and such participant has been sepa-
ated permanently from coverage under the
)lan and subsequently returns to coverage
inder the same plan, such participant may
3e treated as a new participant for pur-
joses of the vesting requirements set forth In
lection 202(a) (1) without regard to his prior
service.
(c) The Secretary shall prescribe stand-
irds, consistent with the purpxases of this
Kct. governing the maximum number of
working hours, days, weeks, or months, which
shall constitute a year of covered service, or
a break in service for purposes of this Act.
In no case shall a participant's time worked
In any period in which he Is credited for a
period of service for the purposes of this
section, be credited to any other period of
time unless the plan so provides.
(d) Notwithstanding any other provision
of this Act, a pension or profit-sharing-re-
tirement plan may allow for vesting of pen-
sion benefits after a lesser period than Is
required by this section.
(e) Notwlthstandmg any other provision
of this Act where upon application and notice
to affected or Interested parties by the plan
Administrator, the Secretary determines that
the plan contains vesting provisions which
are as liberal as the vesting schedule set forth
in section 202(a) (1) , the Secretary may waive
the requirements therein as long as the vest-
ing schedule contained In the plan remains
unchanged. For the purposes of this subsec-
tion, the term "liberal" refers to a vesting
formula which provides vested benefits com-
parable to or greater than those provided
under section 202(a)(1) to the majority of
the participants In the plan as Indicated by
the plan's actuarial experience.
Part B — Funding
funding eequiremznts
Sec. 210. (a) Unless a waiver Is granted
pursuant to part C of this title, every pension
plan filed for registration iinder this Act
shall provide for funding, in accordance with
the provisions of this part, which is ade-
quate to provide for payment of all pension
benefits which may be payable under the
terms of the plan.
(b) Provisions In the plan for funding
shall set forth the obligation of the em-
ployer or employers to contribute both In
respect of the normal service cost of the plan
and in respect of any Initial unfunded lia-
bility and experience deficiency. The contri-
bution of the employer. Including any con-
tributions made by employees, shall consist
of the payment into the plan or fund of —
(1 ) all normal service costs; and
(2) where the plan has an Initial unfunded
liability, special payments consisting of no
less than equal amounts sufficient to amor-
tize such unfunded liabilities over a term
not e.xceedlng:
(A) in the case of an Initial unfunded
liability exlsttag on the effective date of this
title. In any plan established before that
date, thirty years from such date;
(B) in the case of an initial unfunded
liability resulting from the establishment of
a pension plan, or an amendment thereto, on
or after the effective date of this title, thirty
years from the date of such establishment or
amendment, except that In the event that
any such amendment after the effective date
of this title results in a substantial Increase
to any unfunded liability of the plan, aa
determmed by the Secretary, such Increase
shall be regarded as a new plan for purposes
of the funding schedule imposed by this sub-
section and the plan termination Insurance
requirements imposed by title IV.
(3) special payments* where the plan has
an experience deficiency, consisting of no
less than equal annual amounts sufficient to
remove such experience deficiency over a
term not exceeding five years from the date
on which the experience deficiency was de-
termined, except where the experience de-
ficiency cannot be removed over a five-year
period without the amounts required to re-
move such deficiency exceeding the allowable
limits for a tax deduction under the Internal
Revenue Code of 1954 for any particular year
during which such payments must be made,
the Secretary shall, consistent with the pur-
poses of this subsection, prescribe such ad-
ditional time as may be necessary to remove
such deficiency within allowable tax deduc-
tion limitations.
(c) Within six months after the effective
date of rules promulgated by the Secretary
to Implement this title (but In no event more
than 12 months after the effective date of
this title) or within six months after the
date of plan establishment, whichever Is
later, the plan administrator shall submit
a report of an actuary (certified under sec-
tion 101(b) stating—
(1) the estimated cost of benefits In re-
spect of service for the first plan year for
which such plan Is required to register and
the formula for computing such cost In sub-
sequent years up to the date of the following
report;
(2) the Initial unfimded liability, if any,
for benefits under the pension plan as of the
date on which the plan Is required to be
registered;
(3) the special payments required to re-
move such unfunded liability and experience
deficiencies In accordance with subsection
(b);
(4) the actuarial assumptions used and
the basis for using such actuarial assump-
tions; and
(5) such other p)ertlnent actuarial Infor-
mation required by the Secretary.
(d) The administrator of a registered pen-
sion plan shall cause the plan to be reviewed
»ot less than once every five years by a certi-
fied actuary and shall submit a report of such
actuary stating —
(1) the estimated cost of benefits in re-
spect of service in the next succeeding five-
year period and the formula for computing
such cost for such subsequent five-year
period;
(2) the surplus or the experience deficiency
In the pension plan after making allowance
for the present value of all special payments
required to be made in the future by the em-
ployer as determined by previous reports;
(3) the special payments which will remove
any such experience deficiency over a term
not exceeding five years;
(4) the actuarial assumptions used and thie
basis for using such actuarial assumptions:
and
(5) such other pertinent actuarial Informa-
tion required by the Secretary.
If any such report discloses a surplus in a
pension plan, the amount of any future pay-
ments required to be made to the fund or
plan may be reduced or the amount of bene-
fits may be Increased by the amount of such
surplus, subject to the provisions of the In-
ternal Revenue Code of 1954 and regulations
promulgated thereunder. The reports under
this subsection shall be filed with the Secre-
tary by the administrator as part of the an-
nual report required by section 7 of the Wel-
fare and Pension Plans Disclosure Act. at
such time that the report under such section
7 is due with respect to the last year of such
five-year period.
( ef" Where an Insured pension plan la
funded exclusively by the purchase of Insur-
ance contracts which —
(1) require level annual premium pay-
ments to be paid extending not beyond the
retirement age for each Individual partici-
pant In the plan, and cormnenclng with the
participant's entry Into the plan (or, in the
case of an Increase In benefits, commencing
at the time such Increase becomes effective),
and •'
(3) benefits provided by the plan are equal
to the benefits provided under each contract,
and are guaranteed by the Insurance carrier
to the extent premiums have been paid,
such plan shall be exempt from the require-
ments imposed by subsection (b) (2) and
(3), (c), and (d) of this section.
(f) The Secretary may exempt and plan,
In whole or In part, from the requirement
that such reports be filed where the Secre-
tary finds such filing to be unnecessary.
DISCONTINUANCE OF PLANS
Sec. 211. (a) Subject to the authority of
the Secretary to provide exemptions or vari-
ances where necessary to avoid substantial
hardship to participants or beneficiaries,
January J^, 19
CONGRESSIONAL RECORD — SEN ATE
13i
upon complete termination or substantial
termination (as determined by the Secre-
tary), of a pension plan, and subject to the
provisions of the Internal Revenue Code and
regulations promulgated thereunder, relating
to limitations applicable to the twenty-five
highest paid employees of an employer, all
assets of the plan shall be applied under the
terms of the plan, as follows —
(1) first, to refund to nonretlred partici-
pants in the plan the amount of contribu-
tions made by them;
(2) second, to participants In the plan who
have retired prior to the date of such termi-
nation and have been receiving benefits
under the plan;
(3) third, to those participants In the plan
who, on the date of such termination had the
right to retire and receive benefits under the
plan;
(4) fourth, to those participants In the
plan who had acquired vested rights under
tlie plan prior to termination of the plan but
had not reached normal retirement age on
the date of such termination; and
(5) fifth, to any other participants In the
plan who are entitled to benefits under the
plan pursuant to the requirements of section
401(a)(7) of the Internal Revenue Code of
1954.
(b) Upon complete termination, or sub-
stantial termination (as determined by the
Secretary), any party obligated to contribute
to the plan pursuant to section 210(b), or to
contribute on behalf of employees pursuant
to a withholding or similar arrangement,
shall be liable to pay all amounts that would
otherwise have been required to be paid to
meet the funding requirements prescribed by
section 210 up to the date of such termina-
tion to the insurer, trustee, or administrator
or the plan.
(c) Upon complete termination, or sub-
stantial termination (as determined by the
Secretary), of a profit-sharing-retirement
plan, the Interests of ail participants In such
plan shall fully vest.
(d) In any case, the Secretary may ap-
prove payment of survivor benefits with pri-
orities equal to those of the employees or
former employees on whose service such
benefits are based.
Part C — Variances
deferred applicability of vesting standards
Sec. 216. (a) The Secretary may defer. In
whole or in part, applicability of the require-
ments of part A of this title for a period not
to exceed five years from the effective date
of title II. upon a showing that compliance
with the requirements of part A on the part
of a plan in existence on the date of enact-
ment of this Act would result In Increasing
the costs of the employer or employer's con-
tributing to the plan to such an extent that
substantial economic injury would be caused
to such employer or employers and to the In-
terests of the participants or beneficiaries In
the plan.
(b) For purposes of subsection (a), the
term "substantial economic Injury" Includes.
but Is not limited to. a showing that (1) a
substantial rl.sk to the capability of volun-
tarily continuing the plan exists. (2) the
plan will be unable to discharge Its existing
contractual obligations for benefits (3) a sub-
stantial curtailment of pension or other
benefit levels or the levels of employees' com-
pensation would result, or (4) there will be
an adverse effect on the levels of emplo>-ment
with respect to the work force employed by
the employer or employers contributing to
the plan.
(c) H) In the case of any plan established
or maintained pursviant to a collective bar-
gaining agreement, no application for the
granting of the variance provided for under
subsection (a) shall be considered by tjpe
Secretary unless it Is submitted by the par-
ties to the collective bargaining agreement or
their duly authorized representatives.
(2) As to any application for a variance
under subsection (a) submitted by the par-
ties to a collective bargaining agreement
or their duly authorized representatives, the
Secretary shall accord due weight to the ex-
perience, technical competence, and special-
ized knowledge of the parties with respect to
the particular circumstances affecting the
plan. Industry, or other p>ertlnent factors
forming the basis for the application.
VARIANCES FROM FUNDING REQUIREMENTS
Sec. 217. (a) Where, upon application and
notice to affected or Interested parties by the
plan administrator, the Secretary determines
that —
(1) any employer or employers are unable
to make annual contributions to the plan
In compliance with the funding require-
ments of section 210(b) (2) or (3), and he
has reason to believe that such required
payment for that annual period cannot be
made by such employer or employers, the
Secretary may waive the annual contribu-
tion otherwise required to be paid, and pre-
scribe an additional period of not more than
five years for the amortization of such an-
nual funding deficiency, during which pe-
riod the funding deficiency shall be removed
by no less than equal aimual payments. Any
funding deficiency permitted luider this sec-
tion shall be treated for the purposes of any
actuarial report required under this Act as
an experience deficiency under section 210;
(2) no waiver shall be granted unless the
Secretary is satisfied after a review of the
financial condition of the plan and other
related matters that —
(A) such waiver will not adversely affect
the Interests of participants or beneficiaries
of such plan; or
(Bi will not Impair the capability of the
Pension Benefit Insurance Fund to equita-
bly underwrite vested benefit losses In ac-
cordance with title rV,
(3) waivers granted pursuant to this pro-.
vision shall not exceed five consecutive an-
nual waivers.
(b) Where a plan has been granted five
consecutive waivers pursuant to subsection
(a), the Secretary may —
• (1) order the merger or consolidation of
the deficiency funded plan with such other
plan or plans or the contributing employer
or employers in a manner that will result In
future compliance with the funding req\Ure-
ments of part B of title n of this Act with-
out adversely affecting the Interests of par-
ticipants and beneficiaries In all plans which
may be involved;
(2) where necessary to protect the Inter-
ests of participants or beneficiaries, or to
safeguard the capability of the Pension
Benefit Insurance Fund to equitably under-
write vested benefit losses, under title IV,
order plan termination In accordance with
such conditions as the Secretary may pre-
scribe; or
(3) take such other action as may be nec-
essary to fulfill the purposes -of this Act.
(c) No amendments Increasing plan bene-
fits be permitted during any period in which
a funding waiver is In effect.
( d ) ( 1 ) Notwithstanding the requirements
of part B of title II of this Act the Secretary
shall by rule or regulation prescribe alterna-
tive funding requirements for multiemploy-
er plans which will give reasonable assur-
ances that the plfta's benefit commitments
will be met.
(2) The period of time provided to fund
such multiemployer plans shall be a period
which win give reasonable assurances that
the plan's benefit commitments will be met
and which reflects the particular circum-
stances affecting the plan. Industry, or other
pertinent factors, except that no period pre-
scribed by the Secretary shall be less than
thirty years.
(3) No multiemployer plan shall increase
benefits beyond a level for wWfch the con-
tributions made to the plan "^iuld be deter-
mined to be adequate unless the contribution
rate is commensurately Increased.
(ei Upon a showing by the plan adminis-
trator of a multiemployer plan that the with-
drawal from the plan by any employer or em-
ployers has or will result In a significant re-
duction In the rate of aggregate contribu-
tions to the plan, the Secretary may take the
followtag steps:
(1) require the plan fund to be equitably
allocated between those participants no
longer workmg m covered service under the
plan as a result of their employer's with-
drawal, and those participants who remain
In covered service under the plan;
(2) treat that portion of the plan fund al-
locable under (1) to participants no longer In
covered service, as a terminated plan for the
purposes of the plan termination Insiirance
provisions of title IV; and
(3) treat that portion of the plan fund
allocable to participants remaining In cov-
ered service as a new plan for purposes of the;
funding standards Imposed by part B of title
II of this Act, any variance granted by this
section, and the plan termination msurance
provisions of title IV.
TITLE III— VOLUNTARY PORTABILITY
PROGRAM FOR VESTED PENSIONS
PROGRAM ESTABLISHED
Sec. 301. (a) There Is hereby established a
program to be known as the Voluntary Porta-
bility Program for Vested Pensions (herein-
after referred to as the "Portability Pro-
gram") , which shall be administered by and
under the direction of the Secretary. The
Portability Program' shall facilitate the vol-:
untary transfer of vested credits between
registered pension or profit-sharlng-retire-l
ment plans. Nothing In this title or In the
regulations Issued by the Secretary here-
under shall be construed to require partici-
pation In such Portability Program by a plan,
as a condition of registration under this Act.'
(b) Pursuant to regulations Issued by the
Secretary, plans registered under this Act
may apply for membership In the Portability
Program, and. upon approval of such applica-
tion by the Secretary, shall be issued a cer-
tificate of membership In the Portability
Program (plans so accepted shall be herein-
after referred to as "member plans").
ACCEPTANCE OP DEPOSITS
Sec. 302. A member plan shall, pursuant to
regulations prescribed by the Secretary, pay,
upon request of the participant, to the fund
established by section 303. a sum of money
equal to the current discounted value of the
participant's vested rights under the plan,
which are in settlement of such vested rights,
when such participant Is separated from em-
ployment covered by the plan before the
time prescribed for payments to be made
to him or to his beneficiaries under the plan.
The fund Is authorized to receive such pay-
ments, on such terms as the Secretary may
prescribe. i
SPECIAL FUND
Sec 303. (a) There Is hereby created a
fund to be known as the Voluntary Portabil-
ity Program Fund (hereinafter referred to as
the "Fund"). The Secretary shall be the
trustee of the Fund. Payments made Into the
Fund in accordance with regulations pre-
scribed by the Secretary under section 302
shall be held and administered In accordance
wnth this title.
(b) With respect to such Pupd. It Shall be
the duty of the Secretary
( 1 ) administer the Fund;
(2) report to the Congress not later than
the first day of April of each year on the
operation and the status of the Fund during
the preceding fiscal year and on its expected
operation and status during the current
fiscal year and the next two fiscal years and
review the general polllces followed In man-
aging the Fund and recommend changes In
such policies, including the necessary
changes In the provisions of law which gov-
ern the way In which the Pundjls to be man-
aged; and
(3) after amounts needed to meet cur-
rent and anticipated withdrawals are set
36
CONGRESSIONAL RECORD — SENATE
January ^, 1973
aside, deposit the surplus In Interest-bear-
l \g accounts In any bank the deposits of
i; hlch are Insured by the Federal Deposit In-
surance Corporation or savings and loan as-
sociation in which the accounts are insured
t y the Federal Savings and Loan Insurance
( orporatlon. In no case shall such deposits
exceed 10 per centum of the total of such
s urplus. In any one bank, or savings and
1 3an association.
UTOIVIDr AI, ACCOUNTS
Sec. 304. The Secretary shall establish ai)d
iialntaln an account In the Fund for eadh
I artlclpant for whom the Secretary receives
{ ayment under section 302. The amount
c redlted to each account shall be adjusted
I eriodlcally. as provided by the Secretary
I ursuant to regulations to reflect changes
I I the financial condition of the Fund.
PAYMENTS FROM INDIVIDUAL ACCOUNTS
Seo. 305. Amounts credited to the account
( f any participant under this title shall be
I aid by the Secretary to —
n) a member plan, for the purchase of
credits having at least an equivalent actu-
arial value under such plan, on the request
<f such participant when he becomes a
I artlclpant in such member plans;
(2) a qualified Insurance carrier selected
\ ly a participant who has attained the age of
s l.xty-five. for the purchase of a single pre-
iiiium life annuity In an amount having a
J resent value equivalent to the amount cred-
I ted to such participant's account, or In the
< vent the participant selects an annuity with
( prvivorship options, an amount determined
1 ly the Secretary to be fair and reasonable
liased on the amount in such participant's
1 ccount; or
(3) to the designated beneficiary of a par-
1 iclpa'nt In accordance with regulations pro-
1 tiulgated by the Secretary.
TECHNICAL ASSISTANCE
Sec. 306. The Secretary shall provide tech-
1 ileal assistance to employers, employee orga-
1 ilzations, trustees, and administrators of
lenslon and profit-sharing-retirement plans
I n their efTorts to provide greater retlreraent
] irotectlon for Individuals who are separated
1 rom employment covered under such plans.
Such assistance may include, but is not Um-
I ted to ( 1 ) the development of reciprocity
I rrangements between plans In the same In-
( ustry or area, and (2i the development of
! pecial arrangements for portability of cred-
I ts within a particular industry or area.
TITLE IV— PLAN TERMINATION
INSURANCE
ESTABLISHMENT AND APPLICABILITT OF
PROGRAM
Sec 401. (a) There Is hereby established
t . program to be known as the Private Pen-
ion Plan Termination Insurance Program
: lerelnafter referred to as the "Insurance
: »rogram", which shall be administered by
1 md under the direction of the Secretary.
lb) Every plan subject to this title shall
)btaln and maintain plan termination In-
lurance to cover unfunded vested liabilities
ncurred prior to enactment of the Act as
lell as after enactment of the Act.
CONDmONS OF INSURANCE
Sec 402. (a) The Insurance program shall
nsure participants and beneficiaries of those
)lans registered under this Act against loss
>f benefits derived from vested rights which
irlse from the complet* or the substantial
ermlnation of such plans, as determined by
he Secretary.
(b) The rights of participants and bene-
iclarles of a registered pension plan shall
)e Insured under the Insurance program
>nly to the extent that —
(1) such rights as provided for In the
)lan do not exceed: (A) In the case of a
ight to a monthly retirement or disability
leneflt for the employee himself, the lesser
•f 50 per centum of the average monthly
wage he received from the contributing em-
ployer In the five-year period after the regis-
tration date of the plan for which his earn-
ings were its greatest, or $500 a month; (B)
in the case of a right of one or more depend-
ents or members of the ptirtlclpant's family,
or In the case of a right to a lump-sum
survivor benefit on account of the death of
a participant, an amount no greater than
the amount determined under clause (A);
(2) the plan Is terminated more than
three years after the date of Its establish-
ment or Its Initial registration with the
Secretary, except that the Secretary may In
his discretion authorize insurance payments
In such amounts as may be reasonable to
any plan terminated In less than three years
after the date of Its Initial registration with
the Secretary where (A) such plan has been
established and maintained for more than
three years prior to Its termination, (B) the
Secretary Is satisfied that during the period
the plan was unregistered, It was In sub-
stantial compliance with the provisions of
this Act, and (C) such payments will not
prevent equitable underwriting of losses of
vested benefits arising from plan termina-
tions otherwise covered by this title;
(3) such rights were created by a plan
amendment which took effect more than
three years Immediately preceding termina-
tion of such plan; and
(4) such rights do not accrue to the in-
terest of a participant who Is the owner of
10 per centum or more of the voting stock
of the employer contributing to the plan,
or of the same percentage Interest In a part-
nership contributing to the plan.
ASSESSMENTS AND PREMIUMS
Sec. 403. (a) Upon registration with the
Secretary, each plan shall pay a uniform
assessment to the Insurance program as pre-
scribed by the Secretary to cover the ad-
ministrative costs of the Insurance program.
(b) (1) Each registered pension plan shall
pay an annual premium for Insurance at
uniform rates established by the Secretary
based upon the amount of unfunded vested
liabilities subject to Insurance under section
402.
(2) For the three-year period immediately
following the effective date of this title such
premium shall —
(A) not exceed 0.2 per centum of a plan's
unftmded vested llabUltles with respect to
such unfunded vested llabUltles incurred
after the date of enactment of this Act;
(B) not exceed 0.2 per centum of a plan's
unfunded vested liabilities incurred prior to
the date of enactment of this Act, where
such plan's median ratio of plan assets to
unfunded vested llabUltles was 75 per centum
during the five-year period Immediately pre-
ceding the enactment of this Act, or In the
event of a plan established within the five-
year period immediately preceding the date
of enactment of this Act, where the plan
has reduced the amount of such unfunded
vested liabilities at the rate of at least 5
per centum each year since the plan's date
of establishment:
(C) not exceed 0.4 per centum or be less
than 0.2 per centum of a plan's unfunded
vested llabUltles Incurred prior to the date
of enactment of this Act where such plan
does not meet the standards set forth In sub-
paragraph (B);
(D) not exceed-'o.2 per centum of a plan's
unfunded vested llabUltles regardless of
whether such llabUltles were Incurred prior
to or subsequent to the date of enactment
of this Act with respect to multiemployer
plans.
(3) (A) The Secretary Is authorized to pre-
scribe different uniform premium rates after
the Initial three-year period based upon ex-
perience and other relevant factors.
(B) Any new rates proposed by the Secre-
tary; shall be effective at the end of the first
period of ninety calendar days of continuous
session of the Congress after the date on
which the proposed rates are published In the
Federal Register.
(C) For the purpose of subparagraph (B) —
(I) continuity of a session is broken only
by an adjournment sine die; and
(II) the days on which either House Is not
in session because of an adjournment of- more
than three days to a day certain are ex-
cluded In the computation of the ninety day
period.
(c) Assessments and premiums referred to
in this section shall be prescribed by the
Secretary only after consultation with ap-
propriate Government agencies and private
persons with expertise on matters relating
to assessment and premium structures in
insurance and related matters, and after
notice to all Interested persons and parties.
PAYMENT OF INSURANCE
Sec. 404. (a) No plan Insured under this
title shall terminate without approval of the
Secretary. The Secretary shall not approve a
plan termination unless he is satisfied that
the requirements of this Act and those of the
Welfare and Pension Plans Disclosure Act
have been compiled with and that such
termination is not designed to avoid or cir-
cumvent the purposes of this Act.
(b) As determined by the Secretary, sub-
ject to the conditions specified In section
402, the amount of Insurance payable under
the Insurance program shall be the difference
between the realized value of the plan's as-
sets and the amount of vested llabUltles un-
der the plan.
(c) The Secretary shall, by regulation, pre-
scribe the procedures under which the funds
of terminated plans shall be wound-up and
liquidated and the proceeds therefrom ap-
plied to payment of the vested benefits of
participants and beneficiaries. In imple-
menting this paragraph, the Secretary shall
have authority to:
(1) transfer the terminated fund to the
Pension Benefit Insurance Fund for purposes
of liquidation and payment of benefits to
participants and beneficiaires.
(2) purchase single-premium life an-
nuities from qualified Insurance carriers
from the proceeds of the terminated plan
on terms determined by the Secretary to be
fair and reasonable; or
(3) take such other action as may be ap-
propriate to assure equitable arrangements
for the payment of vested benefits to partici-
pants and beneficiaries under the plan.
RECOVERY
Sec 405. (a) Where the employer or em-
ployers contributing to the terminating plan
or who terminated the plan are not in-
solvent (within the meaning of section 1
(19) of the Bankruptcy Act), such employer
or employers (or any successor in Interest to
such employer or employers) shall be liable
to reimburse the Insurance program for any
insurance benefits paid by the program to the
beneficiaries of such terminated plan to the
extent provided In this section.
(b) An employer, determined by the Sec-
retary to be liable for reimbursement under
subsection (a), shall be liable to pay a per-
centage of the terminated plan's unfunded
vested liabilities equal to 100 per centum
less the percentage of the ratio of the plan's
unfunded vested liabilities to the net worth
of the employer: Provided, however. That
If the ratio of the terminated plan's un-
funded vested liabilities Is less than 50 per
centum of the employer's net worth the em-
ployer shall be liable to pay the total amount
of Insurance benefits paid by the Insurance
program.
(c) The Secretary Is authorized to make
arrangements with employers, liable under
subsection (a), for reimbursement of in-
surance paid by the Secretary, including ar-
rangements for deferred payment on such
terms and for such periods as are deemed
equitable a".d appropriate.
January U, 1973
CONGRESSIONAL RECORD — SENATE
137
(did) If any employer or employers liable
for any amount due under subsection (a) of
this section neglects or refuses to pay the
same after demand, the amount (Including
Interest) shall be a lien In favor of the
Umted States upon all property and rights
in property, whether real or personal, be-
longing to such employer or employers.
(2) The Uen imposed by paragraph (1) of
this subsection shall not be valid as against .
a lien created under section 6321 of the
Internal Revenue Code of 1954.
(3) Notice to the lien imposed by para-
graph (1) of this subsection shall be filed
in a manner and form prescribed by the
Secretary. Such notice shall be valid not-
wlthstandlrsi any other provision of law re-
garding the form and content of a notice
of lien.
(4) The Secretary shall promulgate rules
and regvUatlons with regard to the release of
any lieu imposed by paragraph (1) of this
subsection.
PENSION BENEFIT INSURANCE FUND
Sec 406. (a) There is hereby created a
separate fund fcr pension benefit insurance
to be known as the Pension Benefit Insur-
ance Fund (hereafter in this section called'-
the insurance fund) which shall be available
to the Secretary without fiscal year limita-
tion for the purposes of this title. The Sec-
retary shall be the trustee of the insurance
fund.
(b) All amounts received as premiums, as-
sessments, or fees, and any other moneys,
property, or assets derived from operations In
connection with this title shall be deposited
In the Insurance fund.
(ct All claims, expenses, and payments
piir.iuarrt to operation of the program under
this title shall be paid from the insurance
fund.
(d) All moneys of the Insurance fund, may
be invested In obligations of the United
States or in obligations guaranteed as to
prii cipal and Interest by the United States.
(e) With respect to such Insurance fund.
It shall be the duty of the Secretary to —
(1) administer tlie Insurance fund; and
(2) report to the Congress not later than
t!ie first day of April of each year on the
operation and the status of the Insurance
fund during the preceding fiscal year and on
its expected operation and status during the
current fiscal year and the next two fiscal
years and review the general policies followed
in managing the Insurance fund and recom-
mend changes In such policies, including the
necessary changes in the provisions of law
which govern the way in which the Insurance
fund ;s to be managed.
•HTLE V— DISCLOSURE AND FIDUCIARY
STANDARDS
Sec. 501. In addition to the filing require-
ments of the Welfare and Pension Plans
Disclosure Act, It shall be a condition of com-
pliance with section 7 of such Act that each
annual report hereinafter filed under that
section shall be accompanied by a certificate
or certificates In the name of and on behalf
of the plan, the administrator, and any em-
ployer or employee organization participat-
ing in the establishment of the plan, desig-
nating the Secretary as agent for service of
process on the persons and entitles executing
such certificate or certificates In any action
arising under the Welfare and Pension Plans
Disclosure Act or this Act.
Sec 502. fa) Section 3 of the Welfare and
Pension Plans Disclosure Act (72 Stat. 997)
is ame:ided by adding at the end thereof the
following new paragraphs:
"(14) The term 'relative' means a spouse,
ancestor, descendant, brother, sister, son-in-
law, daughter-in-law. father-in-law, mother-
in-law, brother-in-law, or sister-in-law.
"(15) The term 'administrator' means —
"(A) the person specifically so designated
by the terms of the plan, collective-bargain-
ing agreement, trust agreement, contract, or
CXIX 10— Part 1
other Instrument, under which the plan is
operated; or
"(B) In the absence of such designation
(i) the employer in the case of an employee
benefit plan established or maintained by a
single employer, (U) the employee organiza-
tion in the case of a plan established or
maintained by an employee organization, or
(111) the association, committee. Joint board
of trustees, or other similar group of repre-
sentatives of the parties who established or
malnta}ned the plan. In the case of a plan
established or maintained by two or more
employers or Jointly by one or more employ-
ers and one or more employee organizations.
"(16) The term 'employee benefit plan' or
'plan' means an employee welfare benefit
plan or an employee pension benefit plan or
a plan providing both welfare and pension
benefits.
"(17) The term 'employee benefit fund' or
'fund' means ". fund of money or other assets
maintained pursuant to or in connection
with an employee benefit plan and Inc'udes
employee contributions withheld but not yet
paid to the plan by the employer. The term
does not Include: (A) any assets of an in-
vestment company subject to regulation un-
der the Investment Company Act of 1940;
(B) premium, subscription charges, or de-
posits received and retained by an insur-
ance carrier or service or other organization,
except for any separate account established
or maintained by an in.surance carrier.
"(18) The term 'separate account' means
an account establUhed or maintained by an
insurance company i..nder which income,
gains, and losses, whether or not realized.
from assets allocated to such account, are,
in accordance with the applicable contract,
credited to or charged against such account
without regard to other Income, gains, or
losses of the insurance company.
"(19) The term 'adequate consideration'
when used In section 15 means either (A) at
the price of the security prevcUing on a na-
tional securities exchange which Is registered
with the Securities and Exchange Commis-
sion, or (B) If the security is not traded on
such a national securities exchange, at a
price not less favorable to the fund than the
offering price for the security as established
by the current bid and asked prices quoted by
persons Independent of the lssu»r or (C) If
the price of the security is not quoted by per-
sons Independent of the Issuer, at a price
determined to be the fair value of the se-
curity.
"(20) The term 'nonforfeitable pension
benefit' means a legal claim obtained by a
participant or his beneficiary to that part of
an immediate or deferred pension benefit
which, notwithstanding any conditions sub-
sequent which would affect receipt of any
benefit flowing from such right, arises from
the participant's covered service under the
plan and is no longer contingent on the par-
ticipant remaining covered by the plan.
"(21) The term "covered service' means
that period of service performed by a partic-
ipant for an employer or as a member of an
employee organization which is recognized
under the terms of the plan or the collective
bargaining agreement (subject to the re-
quirements of the Retirement Income Se-
curity for Emloyees Act) , for purposes of
determining a participant's ellglbUlty to re-
ceive pension benefits or for determining
the amount of such benefits.
"(22) The term 'pension benefit' means
the aggregate, annual, monthly, or other
amounts to which a participant will become
entitled upon retirement or to which any
other person Is entitled by virtue of such
participant's death.
"(23) The term 'accrued portion of nor-
mal retirement benefit' means that amount
of such benefit which. Irrespective of
whether the right to such benefit Is nonfor-
feitable, is equal to —
"(A) in the case of a profit-sharing re-
tirement plan or money purchase plan, the
total amount credited to the account of a
participant;
"(B) in the case of ; unit benefit-type
pension plan, the benefit units credited to a
participant; or
"(C) In the case of other types of pension
plans, that portion of the prospective nor-
mal retirement benefit of a participant that
pursuant to rule or regulation, under the
Retirement Income Security for Employees
Act. is determined to constitute the partici-
pant's accrued portion of the normal retire-
ment benefit under the terms of the appro-
priate plan.
"(24) The term 'security' means any note,
stock, treasury stock, bond, debenture, evi-
dence of Indebtedness, certificate of Interest
or participation In any profit-sharing agree-
ment, collateral-trust certificate, preorga-
nlzatlon certificate or subscription, transfer-
able share, Investement contract, voting-
trust certificate, certificate of deposit for a
security, fractional undivided interest in, or.
In general, any Interest or Instrument com-
monly known as a security, or any certificate
of interest or participation In, temporary or
Interim certificate for. receipt for, guaran-
tee of, or warrant or right to subscribe to
or ptirchase, any of the foregoing.
"(25) The term 'fiduciary' means any per-
son who exercises any power of control,
management, or disposition with respect
to any moneys or other property of any emp
ployee benefit fund, or has authority or
responsibUIty to do so.
"(26) The term 'market value" or 'value'
when used In this Act means fair market
value where available, and otherwise the
fair value as determined pursuant to rule or
regulation under this Act."
(b) Paragraph (1) of section 3 of such
Act Is amended by Inserting the words "or
maintained" after the word "established".
(c) Paragraph (2) of section 3 of such Act
Is amended by inserting the words "or main-
tained" after the word "'established".
(d) Paragraph (3) of section 3 of such
Act is amended by striking out the word
'"plan" the first time it appears and insert-
ing In lieu thereof the word "program".
(e) Paragraphs (3), (4), (6). and (7) of
section 3 of such Act are amended by strik-
ing out the words '"welfare or pension"
wherever they appear.
(f) Paragraph (13) of section 3 of such
Act Is amended to read as follows:
"' ( 13 ) The term "party In Interest' means as
to an employee benefit plan or fund, any ad-
ministrator, officer, fiduciary, trustee, cus-
todian, counsel, or employee of any employee
benefit plan or a person providing
benefit plan services to any such plan, or an
employer, any of whose employees are covered
by such a plan or any person controlling, ccfn-
trolled by, or under common control with,
such employer or officer or employee or agent
of such employer or such person, or an em-
ployee organization having members covered
by such plan, or an officer or employee or
agent of such an employee organization, or
a relative, partner, or Joint venturer or any
of the above-described persons. Whenever
the term 'party in interest' is used in this
Act. it shall mean a person known to be a
party In Interest.
"(14) If any moneys or other property of
an employee benefit fund are Invested In
shares of an Investment company registered
under the Investment Company Act of 1940.
such investment shall not cause such Invest-
ment company or such Investment company's
Investment adviser or principal underwriter
to be deemed to be a "fiduciary" or a 'party in
Interest' as those terms are defined in this
Act, except Insofar as such Investment com-
pany or Its Investment adviser or principal
underwriter acts In connection with an em-
ployee benefit fund established or maintained
pursuant to an employee benefit plan cover-
ing employees of the Investment company.
:38
CONGRESSIONAL RECORD — SENATE
January Jf, 1973
the Investment adviser, or Its principal un-
(ler-ATlter. Nothing contained herein shall
1 Unit the duties Imposed on such investment
(ompany. investment adviser, or principal
1 inderwrtter by any other provision of law."
Sec. 503. (a) Section 4(a) of the Welfare
nd Peaslon Plans Disclosure Act is amended
Uy striking out the words "welfare or pen-
: ion", "or employers", and "or organizations"
fc-herever they appear.
(b) Paragraph (3) of section 4(b) of such
let ii amended to read as fallows:
"(3) Such plan is administered by a rell-
j;lous organization described under secaon
)01(c) of the Internal Revenue Code of 1954
(Thich Is exempt from taxation under the _
jrovlslons of section 501(a) of such Code;"
ic) Paragraph (4) of section 4(b) of siich
^ct Is amended by inserting before the period
;h6 following: ", except that participants
md beneflciyies of such plan shall be en-
;ltled to nyrtiitaln an action to recover bene-
its or lo elartfy their rights to future bene-
ats as'-pi^ovided in section 604 of the R«tQ;e-
nent Income Security for Employees ^"■
(b) Section 4ib) of such Act Is furfifier
imended by adding at the end thereof the
'ollowing new paragraph:
" ( 5 ) such plan is established or maintained
jutslde the United States primarily for the
c>eneflt of employees who are not citizens of
t-he United States and the situs of the em-
ployee benefit plan fund established or
maintained pursuant to such plan Is maln-
tai.;ed outside the United States."
Sec. 504. (a) Section 5(b) of the Welfare
and Pension Plans Disclosure Act is amended
to read as follows :
"(b) The Secretary may require the filing
3f special terminal reports on behalf of an
employee benefit plan which is winding' up
its affairs, so long as moneys or other aaeets
remain In the plan. Such reports may be
required to be filed regardless of the number
3f participants remaining In the plan and
shall be in such form and filed In such
manner as the Secretary may prescribe."
(b) Section 5 of such Act is further
amended by adding at the end thereof the
following new subsection: >
"(c) The Secretary may by regulation pro-
vide for the exemption from all or part of
the reporting and disclosure requirements of
this Act of any class or type of employee
benefit plans if the Secretary finds that the
application of such requirements to such
plans Is not required In order to Implement
the purposes of this Act."
Sec 505. Section 6 of the Welfare and
Pension Plans Disclosure Act is amended to
read as follows :
"Sec. 6. (a) A description of any employee
benefit plan shall be published as required
herein within ninety days after the estab-
lishment of such plan or when such plan
becomes subject to this Act.
"fb) The description of the plan shall be
comprehensive and shall Include the name
and type of administration of the plan; the
name and address of the administrator; the
names and addresses of any person or per-
sons responsible for the management or In-
vestment of plan funds; the schedule
of benefits: a description of the provisions
providing for vested benefits written In a
manner calculated to be understood by the
average participant: the source of the fi-
nancing of the plan and Identity of any orga-
nization through which benefits are provided;
whether records of the plan are kept on a
calendar year basis, or on a policy or other
fiscal year basis, and If on the latter basis,
the date of the end of such policy or fiscal
year: the procedures to be followed In pre-
senting claims for benefits under the plan
and the remedies available under the plan
for the redress of claims which are denied In
whole or In part. Amendments to the plan
reflecting changes In the data and Informa-
tion Included In the original plan, other than
data and Information also required to be
Included In annual reports under section 7,
shall be Included in the description on and
after the effective date of such amendments.
Any change in the Information required by
this subsection shall be reported in accord-
ance with regulations prescribed by the
Secretary."
Sec. 506. (a) Subsection (a) of section 7
of the Welfare and Pension Plans Disclosure
Act Is amended by adding the number "(1) "
after the letter "(a)", and by striking out
that part of the first sentence which precedes
the word "If" the first time It appears and
Inserting In Ueu thereof the words "An an-
nual report shall be published with respect to
any employee benefit plan If the plan pro-
vides for an employee benefit fund subject
to section 15 of this Act or".
(b) Section 7(a) (1) of such Act Is further
amended by striking out the word "investi-
gation" and inserting In lieu thereof the
words "notice and opportunity to be heard",
by striking out the words "year (or If" and
Inserting In lieu thereof the words policy or
fiscal year In which", adding a period after
the word "kept", and striking out all the
words following the word "kept".
(c) Section 7(a) of such Act Is further
amended by adding the following para-
graphs :
"{2) If some or all of the benefits under the
plan are provided by an Insurance carrier or
service or other organization, such carrier or
organization shall certify to the adminis-
trator of such plan, within one hundred and
t'.venty days after the end of each calendar,
policy, or other fiscal year, as the case may be,
such Information as determined by the Sec-
retary to be necessary to enable such admin-
istrator to comply with the requirements of
this Act.
"(3) The administrator of an employee
benefit plan shall cause an audit to be made
annually of the employee benefit fund estab-
lished In connection with or pursuant to the
provisions of the plan. Such audit shall be
conducted In accordance with accepted
standards of auditing by an Independent
certified or licensed public accountant, but
nothing herein shall be construed to require
such an adult of the books or records of any
bank, Insurance company, or other Insti-
tution providing Insurance, Investment, or
related function for the plan. If such books
or records are subject to periodic examina-
tion by any agency of the Federal Govern-
ment or the government of any State. The
auditor's opinion and comments with respect
to the financial Information required to be
furnished In the annual report by the plan
administrator shall form a part of such
report."
(d) Section 7 (b) and (c) of such Act are
amended to read as follows:
"(b) A report under this section shall In-
clude—
" ( 1 ) the amount contributed by each em-
ployer; the amount contributed by the em-
ployees; the amount of benefits paid or
otherwise furnished; the number of em-
ployees covered; a statement of assets, lia-
bilities, receipts, and disbursements of the
plan: a detailed statement of the salaries and
fees and commissions charged to the plan, to
whom paid. In what amount, and for what
purposes: the name and address of each
fiduciary, his official position with respect to
the plan, his relationship to the employer of
the employees covered by the plan, or the
employee organization, and any other office,
position, or employment he holds with any
party In Interest;
"(2) a schedule of all Investments of the
fund showing as of the end of the fiscal
year:
"(A) the aggregate cost and aggregate
value of each security by issuer;
"(B) the aggregate cost and aggregate
value, by type or category, of all other In-
vestments, and separately Identifying (1)
each Investment, the value of which exceeds
3 per centum of the value of the fund and
(11) each Investment In sectirltles or prop-
erties of any person known to be a party In
Interest;
"(3) a schedule showing the aggregate
amount, by type or security, of all purchases,
sales, redemptions, and exchanges of secu-
rities made during the reporting period; a
list of the Issuers of such securities; and in
addition, a schedule showing, as to each sep-
arate transaction with or without respect to
securities issued by any person kiiown to be
a party in interest, the Issuer, the type and
class of security, the quantity Involved In
the transaction, the gross purchase price,
and in the case of a sale, redemption, or ex-
change, the gross and net proceeds (includ-
ing a description and the value of any con-
sideration other than money) and the net
gain or loss, except that such schedule shall
not include distribution of stock or other
distributions In kind from profitsharing cr
similar plans to participants separated from
the plan:
"(4) a schedule of purchases, sales, or e.x-
changes during the year covered by the re-
port of Investment assets other than se-
curities—
"(A) by tjrpe or category of asset the ag-
gregate amount of purchases, sales, and ex-
changes; the aggregate expenses incurred in
connection therewith; and the aggregate net
gain (or loss) on sales, and
"(B) for each transaction involving a per-
son known to be a party in Interest and for
each transaction involving over 3 per centum
of the fund, an Indication of each asset pur-
chased, sold, or exchanged (and. In the case
of fixed assets such as land, buildings, and
leaseholds, the location of the asset i : the
purchase or selling price; exp>enses Incurred
In connection with the purchase, sale, or ex-
change: the cost of the asset and the net
gain (or loss) on each sale; the Identity of
the seller In the case of a purchase, or the
identity of the purchaser In the case of a sale.
and his relationship to the plan, the em-
ployer, or any employee organization;
"(5) a schedule of all loans made from
the fund during the reporting year or out-
standing at the end of the year, and a sched-
ule of principal and Interest payments re-
ceived by the fund during the reporting
year, aggregated In each case by type of
loan, and In addition, a separate schedule
showing as to each loan which —
"(A) was made to a party In Interest, or
"(B) was in default, or
"(C) was T^Tltten off during the year as
uncoUectable, or
"(D) exceeded 3 per centum of the value
of the fund.
the original principal amount of the loan,
the amount of principal and Interest received
during the reporting year, the unpaid bal-
ance, the Identity and address of the loan
obligor, a detailed description of the loan
(Including date of making and maturity,
Interest rate, the type and value of collateral
and other material terms), the amount of
principal and Interest overdue (If any) and
as to loans written off as uncoUectable an
explanation thereof;
"(6) a list of all leases with —
"(A) persons other than parties In Inter-
est who are In default, and
"(B) any party In Interest,
Including information as to the type of prop-
erty leased (and. In the case of fixed assets
such as land, buildings, leaseholds, and so
forth, the location of the property), the
Identity of the lessor or lessee from or to
whom the plan Is leasing, the relationship
of such lessors and lessees, If any, to the
plan, the employer, employee organization,
or any other party In Interest, the terms of
the lease regarding rent, taxes. Insurance,
repairs, expenses, and renewal options: If
property Is leased from persons described In
(B) the amount of rental and other expenses
paid during the reporting year; and If prop-
erty Is leased to persons described In 'A)
or (B). the date the leased property was
purchased and Its cost, the date the property
January 4, 1973
CONGRESSIONAL RECORD — SENATE
139
was leased and Its approximate value at stich
date, the gross rental receipts during the
reporting period, the expenses paid for the
leased property during the reporting period,
the net receipts from the lease, and with re-
spect to any such leases In default, their
Identity, the amounts in arrears, and a state-
ment as to what steps have been taken to
collect amounts due or otherwise remedy the
default;
"(7) a detailed list of purchases, sales, ex-
changes, or any other transactions with any
party In Interest made during the year, in-
cluding Information as to the asset Involved,
the price, any expenses connected with the
transaction, the cost of the asset, the pro-
(»eds, the net gain or loss, the Identity of
the other party to the transaction and his
relationship to the plan;
"(8) subject to rules of the Secretary de-
signed to preclude the filling of duplicate or
unnecessary statements If some or all of the
assets of a plan or plans are held In a com-
mon or collective trust maintained by a bank
or similar Institution or In a separate ac-
count maintained by an Insurance carrier,
the report shall Include a statement of as-
sets and liabilities and a statement of re-
ceipts and disbursements of such common or
collective trust or separate account and such
of the Information required under para-
graphs (2), (3), (4), (5), (6), and (7) of
section 7(b) with respect to such common or
collective trust or separate account as the
Secretary may determine appropriate by reg-
ulation. In such case the bank or similar in-
stitution or insurance carrier shall certify
to the administrator of such plan or plans,
within one hundred and twenty days after
the end of each calendar, policy, or other
fiscal year, as the case may be, tlie Informa-
tion determined by the Secretary to be neces-
sary to enable the plan administrator to
comply with the requirements of this Act;
and
"(9) In addition to reporting the Informa-
tion called for by this subsection, the admin-
istrator may elect to furnish other Informa-
tion as to investment or reinvestment of the
fund as additional disclosures to the Secre-
tary.
"(c) If the only assets from which claims
against an employee benefit plan may be paid
are the general assets of the employer or the
employee organization, the report shall In-
clude (for each of the past five years) the
benefits paid and the average number of em-
ployees eligible for participation.
(e) Section 7(d) of such Act Is amended
by striking out the capital "T" In the word
"The" the first time It appears in paragraphs
(1) and (2) and inserting In lieu thereof a
lowercase "t".
(f) Section 7(e) of such Act Is amended
to read as follows:
"(e) Every employee pension benefit plan
shall Include with Its annual report (to the
extent applicable) the following informa-
tion:
" ( 1 ) the type and basis of funding,
"(2) the number of participants, both re-
tired and nonretlred, covered by the plan,
"(3) the amount of all reserves or net as-
sets accumulated under the plan,
"(4) the present value of all liabilities for
all nonforfeitable pension benefits and the
present value of all other accrued liabilities,
"(5) the ratios pf the market value of the
reserves and asset described In (3) above to
the liabilities described In (4) above.
"(6) a copy of the most recent actuarial
report, and
"(A) (1) the actuarial assumptions used In
computing the contributions to a trust or
payments under an Insurance contract, (11)
the actuarial assumptions used In determin-
ing the level of benefits, and (111) the actu-
arial assumptions used In connection with
the other Information required to be fur-
nished under this subsection, Insofar as any
such actuarial assumptions are not Included
in the most recent actuai*al report,
"(B) (1) If there Is no such report, or (U)
If any of the actuarial assumptions employed
In the annual report differ from those In the
most recent actuarial report, or (Hi) If dif-
ferent actuarial assumptions are used for
computing contributions or payments then
are used for any other purpose, a statement
explaining same; and
"(7) such other reasonable Information
pertinent to disclosure under this subsection
as the Secretary may. by regulation pre-
scribe."
(g) Section 7 of such Act is further
amended by striking out In their entirety
subsections (f), (g),and (h).
Sec. 507. (a) Section 8 of the Welfare and
Pension Plans Disclosure Act Is amended by
striking out subsections (a) and (b) in their
entirety and by redesignating subsection (c)
as subsection (a) . The subsection redesig-
nated as subsection (a) Is further amended
by striking out the words "of plans" after
the word "descriptions", striking out the
word "the" before the word "annual", and
adding the word "plan" before the word
"descriptions".
(b) Such section Is further amended by
adding subsections (b) , (c) , and (d) , to read
as follows :
"(b) The administrator of any employee
benefit plan subject to this Act shall file
with the Secretary a copy of the plan de-
scription and each annual report. The Sec-
retary shall make copies of such descrip-
tions and annual reports available for pub-
lic inspection.
"(C) Publication of the plan descriptions
and annual reports required by this Act shall
be made to participants and beneficiaries of
the particular plan as follows :
"(1) the administrator shall make copies
of the plan description (licludlng all
amendments or modifications thereto) and
the latest annual report and the bargain-
ing agreement, trust agreement; contract, or
other Instrument under which the plan was
established or is operated available for ex-
amination by any plan participant or bene-
ficiary m the principal office of the admin-
istrator.
"(2) the administrator shall furnish to
any plan participant or beneficiary so re-
questing in writing a fair summary of the
latest annual report;
"(3) the administrator shall furnish or
make available, whichever is most practi-
cable: (1) to every participant upon his en-
rollment In the plan and within one hun-
dred and twenty days after each major
amendment to the plan, a summarj^ of the
plan's Important provisions, including the
names and addresses of any person or per-
sons responsible for the management or in-
vestment of plan funds, and requirements of
the amendment, whichever Is applicable,
written in a manner calculated to be under-
stood by the average participant: such ex-
planation shall include a description of the
benefits available to the participant under
the plan and circumstances which may re-
sult in disqualification or Ineligibility, and
the requirements of the Welfare and Pen-
sion Plans Disclosure Act with respect to
the availability of copies of the plan bar-
gaining agreement, trust agreement, con-
tract or other instrument under which the
plan is established or operated; and (11) to
' everv participant every three years (com-
mencing January 1, 1975), a revised up-to-
' date summary of the plan's Important pro-
visions and major amendments thereto,
written in a manner calculated to be under-
stood by the average participant and (ill)
to each plan participant or beneficiary so
requesting In writing a complete copy of the
plan description (Including all amendments
or modifications thereto) or a complete copy
of the latest annual report, or both. He
shall in the same way furnish a complete
copy of any bargaining agreement, trust
agreement, contract, or other instrument
under which the plarisj^ established or op-
erated. In accordance wTTh regulations of
the Secretary, an administrator may make
a reasonable charge to cover the cost of f xir-
nlshlng such complete copies.
"(d) In the event a plan Is provided a
variance with respect to standards of vest-
ing, funding, or both, pursuant to title II
of the Retirement income Security lor Em-
ployees Act, the Administrator shaU furnish
or make available, whichever is most prac-
ticable, notice of such action to each par-
ticipant in a manner calculated to be under-
stood by the average participant, and In
such form and detail and for such periods
as may be prescribed by the Secretary."
Sec. 508. Section 14 of such Act Is amended
to eliminate the words "after first requiring
certification in accordance with section
7(b)".
Sec. 509. Section 15 of such Act is amended
to read as follows:
"Sec. 15. (a) (1) There Is hereby established
an Advisory Council on Employee Welfare
and Pension Benefit Plans (hereinafter re-
ferred to as the 'Council') consisting of
twenty-one members appointed by the Sec-
retary. Not more than ten members of the
Council shall be members of the same politi-
cal party.
"(2) Members shall b^ appointed from
among persons recommended by groups or
organizations which they shall represent and
shall be persons qualified to appraise the pro-
grams Instituted under this Act and the Re-
tirement Income Security for Employees Act.
"(3) Of the members appointed, five shall
be representatives of labor organizations; five
shall be representatives of management; one '
representative each from the fields o' insur-
ance, corporate trust, actuarial counseling.
Investment counseling, and the accounting
field; and six representatives shall be ap-
pointed from the general public.
"(4) Members shall serve for terms of three
years, except that of those first appointed,
six shall be appointed for terms of one year,
seven shall be appointed for terms of two
years, and eight sliall be appointed for terms
of three years. A member may be reap-
pointed, and a member appointed to fill a
vacancy shall be appointed only for the re-
mainder of such term. A majority of mem-
bers shall constitute a quorum and action
shall be taken only by a majority vote of
those present.
"(5) Members shall be paid compensation
at the rate of $150 per day when engaged
In the actual performance of their duties ex-
cept that any such member who holds an-
other office or position under the Federal
Government shall serve without additional
compensation. Any member shall receive
travel expenses. Including per diem In lieu
of subsistence as authorized by section 5703
of title 5, United States Code, for persons In
the Government employed Intermittently.
"(b) It shall be the duty of the Council to
advise the Secretary with respect to the
carrying out of their functions under this
Act, and to submit to the Secretary recom-
mendations with respect thereto. The Coun-
cil shall meet at least foiu- times each year
and at such other times as the Secretary re-
quests. At the beginning of oach regular ses-
sion of the Congress, the Secretary shall
transmit to the Senate and House of Repre-
sentatives each recommendation which he
has received from the Council during the
preceding calendar year and a report cover-
ing his actlSrltles under the Act for the pre-
ceding fiscal year. Including full information
as to the number of plans and their size, the
results of any studies he may have made of
such plans and the operation of this Act and
such other Information and data as he may
deem desirable In connection with employee
welfare and pension benefit plans.
"(c) The Secretary shall furnish to the
140
I
CONGRESSIONAL RECORD — SENATE
January U, 1973
Council on executive secretary and such sec-
retarial, clerical, and other services as are
deemed necessary to conduct its business.
The Secretary may call upon other agencies
of the Government for statistical data, re-
ports, and other Information which will as-
sist the Council in the performance of its
duties."
Sec. 510. The Welfare and Pension Plans
Disclosure Act Is further amended by re-
numbering sections 15. 16. 17. and 18 as sec-
tions 16. 17. 18. and 19. respectively, and by
Inserting the following new section Immedi-
ately after section 14:
"FIDTTCIART ST.ANDABD3
"Sec. 15. (a) Every employee benefit fund
established to provide for the payment of
benefits under an employee's benefit plan
shall be established or maintained pursuant
to a duly executed written document which
shall set forth the purpose or purposes for
which such fund is established and the de-
tailed basis on which payments are to be
made into and out of such fund. Such fund
shall be deemed to be a trust and shall be
held for the exclusive purpose of (1) provid-
ing benefits to participants In the plan and
their beneficiaries and (2) defraying reason-
able expenses of Btdministerlng the plan.
"(b)(1) A fiduciary shall discharge his
duties with respect to the fund —
"(A) with the care under the circum-
stances then prevailing that a prudent man
acting In a like capacity and familiar with
such matter? would vise In the conduct of
an enterprise of a like character and with
like alms; and
"(B) subject to the standards in subsec-
tion (a) and in accordance with the docti-
nieuts and Instruments governing the fund
Insofar as is consistent with this Act, ex-
cept that (1) any assets of the fund remain-
ing upon dissolution or termination of the
fund shall, after complete satisfaction of the
riehts of all beneficiaries to benefits accrued
to the date of dissolution or termination, be
distributed ratably to the beneficiaries there-
of or. if the Trust agreement so provides, to
the contributors thereto: and Ml) that In the
case of a registered pension or profit-sharing-
retirement plan, such distribution shall be
subject to the requirements of the Retire-
ment Income Security for Employees Act.
"(2) Except as permitted hereunder, a fidu-
ciary shall not
"(A) rent or sell property of the fund to
any person known to be a party in interest
of the fund:
"(B) rent or purchase on behalf of the
fund any property known to be owned by a
party In interest of the fund;
" Tc » deal with such fund In his own inter-
est or for his own account;
"(D) represent any other party with such
fvind. or in any way act on behalf of a party
adverse to the fund or adverse to the inter-
ests of its participants or beneficiaries;
"(E) receive any consideration from any
party dealing with such fund in connection
with a transaction involving the fund for the
fiduciary's personal interest or for the per-
sonal interest of any party In interest;
"(F) loan money or other assets of the fund
to any psrty in interest of the fund:
"(6) furnish goods, services, or facilities
of the fund to any party in interest of the
fund;
"(H) permit the transfer of any assets or
property of the fund to. or Its use by or for
the benefu, of. any party in interest of the
fund: or
"(I» permit any of the assets of the fund
to be held, deposited, or Invested outside the
tTnited States unless the indicia of ownership
remain within the Jurisdiction of a United
States District Coiirt, except as authorized
by the Secretary by rule or regulation. The
Secretary', by rules or regulations or upon
application of any fiduciary or party in Inter-
est, by order, shall provide for the exemption
conditionally or unconditionally of any fidu-
ciary or class of fiduciaries or transaction or
class of transactions from all or part of the
proscriptions contained in this subsection
15(b) (2) when the Secretary finds that to do
so is consistent with the purposes of this
Act and is in the Interest of the fund or
class of funds and the participants and
beneficiaries: Provided, however. That any
such exemption shall not relieve a fiduciary
from any other applicable provisions of this
Act.
"(c) Nothing in this section shall be con-
strued to prohibit the fiduciary from —
" ( 1 ) receiving any benefit to which he may
be entitled as a participant or beneficiary in
the plan under which the fund was estab-
lished;
"(2) receiving any reasonable compensa-
tion for services rendered, or for the reim-
bursement of expenses properly and actually
Incxirred. in the performance of his duties
with the fund, or receiving In a fiduciary
capacity proceeds from any transaction in-
volving plan funds, except that no person
so serving who already receives full-time pay
from an employer or an association of em-
ployers whose employees are participants In
the plan under which the fund was estab-
lished, or from an employee organization
whose members are participants in such plan
shall receive compensation from such fund,
except for reimbursement of expenses prop-
erly and actually incurred and not other-
wise reimbursed;
"(3) serving In such position in addition
to being an officer, employee, agent, or other
representative of a party in interest;
"(4) engaging in the following transac-
tions:
"(A) holding or purchasing on behalf of
the fund any security which has been Issued
by an employer whose employees are par-
ticipants In the plan, under which the fund
was established or a corporation controlling,
controlled by. or under common control with
such employer, except that (1) the purchase
of any security Is for no more than ade-
quate consideration in money or money's
worth, and (11) that If an employee benefit
fund Is one which provides primarily for
benefits of a stated amount, or an amount
determined by an employee's compensation,
an employee's period of service, or a com-
bination of both, or money- purchase type
benefits based on fixed contributions which
are not geared to the employer's profits, no
Investment shall be held or made by a
fiduciary of such a fund In securities of such
employer or of a corporation controlling, con-
trolled by, or under common control with
such employer, if such Investment, when
added to such securities already held, ex-
ceeds 10 per centum of the fair market value
of the assets of the fund. Notwithstanding
the foregoing, such 10 per centum limitation
shall not apply to profit sharing, stock bonus,
thrift and savings or other similar plans
which explicitly provide that some or all of
the plan funds may be Invested in securities
of such employer or a corporation control-
ling, controlled by. or under common control
with such employer, nor shall said plans be
deemed to be limited by any diversification
rule as to the percentage of plan funds which
may be Invested In such securities. Profit
sharing, stock bonus, thrift or other similar
plans, which are In existence on the date of
enactment and which allow Investment in
such securities without explicit provision In
the plan, shall remain exempt from the 10
per centum limitation until the expiration
of one year from the date of enactment of
Retirement Income Security for Employees
Act. Nothing contained in this subparagraph
shall be construed to relieve profit sharing,
stock bonus, thrift and savings or other
similar plans from any other applicable re-
quirements of this section;
"(B) purchasing on behalf of the fund any
security or selling on behalf of the fund
any sectirity which Is acquired or held by
the fund, to or from a party in interest If
(1) at the time of such purchase or sale the
security is of a class of securities which is
listed on a national securities exchange regis-
tered under the Securities Exchange Act of
1934 or which has been listed for more than
one month (after the date of enactment of
this Act) on an electronic quotation system
administered by a national securities associ-
ation registered under the Securities Ex-
change Act of 1934, (11) no brokerage com-
mission, fee (except for customary transfer
fees), or other remuneration is paid In con-
nection with such transaction. (lU) adequate
consideration Is paid, and (Iv) that In the
event the security Is one described In sub-
paragraph (A), the transaction has received
the prior approval of the Secretary;
"(5) making any loan to participants or
beneficiaries of the plan under which the
fund was established where such loans are
available to all participants or beneficiaries
on a nondiscriminatory basis and are made
In accordance with specific provisions regard-
ing such loans set forth In the plan;
"(6) contracting or making reasonable
arrangements with a party In interest for
office space and other services necessary for
the operation of the plan and paying reason-
able compensation therefor:
"(7) following the specific Instructions In
the trust Instrument or other document
governing the fund insofar as consistent with
the specific prohibitions listed In subsection
(b)(2);
"(8) taking action pursuant to an author-
ization in the trust instrument or other
document governing the fund, provided such
action Is consistent with the provisions of
subsection (b).
"(d) Nothing la this section shall be con-
strued to prohibit a person who Is a party
in interest by reason of providing benefit
plan services to a plan, from providing any
other services ordinarily and customarily
furnished at arm's length by such person, to
any fiduciary or any other party in interest
to the plan, and nothing In this section shall
be construed to preclude any fiduciary or
party In Interest in the plan from purchas-
ing such services or contracting or making
reasonable arrangements for the receipt of
such services on such terms as are fair and
reasonable.
"(e) Any fiduciary who breaches any of the
responsibilities, obligations, or duties im-
posed upon fiduciaries by this Act shall be
personally liable to such fund for any losses
to the fund resulting from such breach, and
to pay to such fund any profits which have
Inured to such fiduciary through use of £issets
of the fund.
"(f) When two or more fiduciaries vinder-
take Jointly the performance of a duty or
the exercise of a power, or where two or
more fiduciaries are required by an Instru-
ment governing the fund to undertake
jointly the performance of a duty or the
exercise of power, but not otherwise, each of
* such fiduciaries shall have the duty to pre-
vent any other such coflduciary from com-
mitting a breach of responsibility, obliga-
tion, or duty of a fiduciary or to compel
such other cofiduciary to redress such a
breach, except that no fiduciary shall be
liable for any consequence of any act or
failure to act of a coflduciary who is under,
taking or is required to undertake jointly
any duty or power If he shall object in writ-
ing to the specific action and promptly file
a copy of his objection with the Secretaryy.
"(g) No fiduciary may be relieved from any
responsibility obligation, or duty imposed
by law, agreement, or otherwise. Nothing
herein shall preclude any agreement allocat-
ing specific duties or responsibilities among
fiduciaries, or bar any agreement of insur-
ance coverage or indemnification affecting
fiduciaries, unless specifically disapproved by
the Secretary.
"(h) A fiduciary shall not be liable for
a violation of this Act committed before be
Jamiary 4, 1973
CONGRESSIONAL RECORD — SENATE
141
became a fiduciary or after he ceased to be
a fiduciary.
"(1) No Individual who has been con-
victed of, or has been Imprisoned as a re-
sult of his conviction of: robbery, bribery,
extortion, embezzlement, grand larceny, bur-
glary, arson, violation of narcotics law, mur-
der, rape, kidnaping, perjury, assault with
intent to kill, assault which inflicts grievous
bodily Injury any crime described in sec-
tion 9(a)(1) of the Investment Company
Act of 1940, or a violation of any provision
of the Welfare and Pension Plan Dlsclostu^
Act, or a violation of section 302 of the
Labor-Management Relations Act of 1947 (61
Stat. 157, as amended), or a violation of
chapter 63 of title 18, United States Code, or
a violation of section 874, 1027. 1503, 1505,
1506, 1510, 1951, or 1954 of title 18, United
States Code, or a violation of the Labor-
Management Reporting and Disclosure Act of
1959 (73 Stat. 519, as amended), or con-
spiracy to commit any such crimes or attempt
to commit any such crimes or a crime in
which any of the foregoing crimes is an
element, shall serve —
"(1) as an administrator, officer, trustee,
custodian, counsel, agent, employee (other
than as an employee performing exclusive
clerical or Janitorial duties) or other fiduciary
position of any employee benefit plan; or
" ( 2 ) as a consultant to any employee bene-
fit plan, during or for five years after such
conviction or after the end of such imprison-
ment, unless prior to the end of such five-
year period. In the case of a person so con-
victed or imprisoned. (A) his citizenship
rights having been revoked as a result of
such conviction, have been fully restored, or
(B) the Secretary determines that such per-
son's service In any capacity referred to in
clause (1) or (2) would not be contrary to
the purposes of this Act. No person shall
knowingly permit any other person to serve
In any capacity referred to In clause (1) or
(2) in violation of this subsection. Any per-
son who willfully violates this subsection
shall be fined not more than $10,000 or im-
prisoned for not more than one year, or both.
For the purp>oses of this subsection, any per-
son shall be deemed to have been 'convicted'
and under the disability of 'conviction' from
the date of the Judgment of the trial court
or the date of the final sustaining of such
Judgment on appeal, whichever is the later
event, regardless of whether such conviction
occurred before or after the date of enact-
ment of this section. For the purposes of this
subsection, the term 'consultant' means any
person who, for compensation, advises or rep-
resents an employee benefit plan or who
provides other assistance to such plan, con-
cerning the establishment or operation of
such plan.
"(J) All Investments and deposits of the
ftmds of an employee benefit fund and all
loans made out of any such fund shall be
made in the name of the fund or its nominee,
and no employer or officer or employee there-
of, and no labor organization, or officer or
employee thereof, shall either directly or
indirectly accept or be the beneficiary of any
fee, brokerage, commission, gift, or other
consideration for or on account of any loan,
deposit, purchase, sale, payment, or exchange
made by or on behalf of the fund.
"(k) In order to provide for an orderly dis-
position of any Investment, the retention of
which would be deemed to be prohibited bv
this Act, and In order to protect the interest
of the fund and its participants and Its
beneficiaries, the fiduciary may In his dis-
cretion effect the disposition of such invest-
ment within three years after the date of
enactment of this Act, or within such addi-
tional time as the Secretary may by rule
or regulation allow, and such action shall
be deemed to be In compliance with this
Act."
(1) In accordance with regulations of the
Secretary, every employee benefit plan sub-
ject, to this Act shall —
(1) provide adequate notice in writing to
any participant or beneficiary whose claim
for benefits from the plan has been denied,
setting forth the specific reasons for such
denial, written in a manner calculated to be
understood by the participant, and
(2) afford a reasonable opportunity to any
participant whose claim for benefits has been
denied for a full and fair review by the plan
administrator of the decision denying the
claim.
TITLE VI— ENFORCEMENT
Sec. 601. Whenever the Secretary —
(1) determines. In the case of a pension
or profit-sharing-retirement plan required to
be registered under this Act. that no applica-
tion for registration has been filed in ac-
cordance with sections 102, or
(2) Issues an order under section 107
denying or canceling the certificate of regis-
tration of a pension or profit-sharing-retire-
ment plan, or
(3) determines. In the case of a pension
plan subject to title II, that there has been
a failure to make required contributions to
the plan in accordance with the provisions
of this Act or to pay required assessments
or premiums under title III, or to pay such
other fees or moneys as may be required
under this Act.
the Secretary may petition any district court
of the United States having Jurisdiction of
the parties, or the United States District
Court for the District of Columbia, for an
order requiring the employer or other per-
son responsible for the administration of
such plan to comply with the requirements
of this Act as will qualify such plan for
registration or compel or recover the pay-
ment of required contributions, assessments,
premiums, fees, or other moneys.
Sec. 602. Whenever the Secretary has rea-
sonable cause to believe that an employee's
benefit fund is being or has been adminis-
tered in violation of the requirements of
the Welfare and Pension Plans Disclosure
Act or the documents governing the estab-
lishment or operation of the fund, the Secre-
tary may petition any district court of the
United States having Jurisdiction of the
parties or the United States District Court
for the District of Columbia for an order
(1) requiring return to such fund of assets
transferred from such fund in violation of
the requirements of such Act, (2) requiring
payment of benefits denied to any partici-
pant or beneficiary due to violation of the
requirements of such Act, and (3) restrain-
ing any conduct In violation of the fiduciary
requirements of such Act, and granting such
other relief 6« may be appropriate to effec-
tuate the purposes of this Act, Including
but not limited to. removal of a fiduciary
who has failed to carry out his duties and
the removal of any person who is serving In
violation of the requirements of section 15(1)
of the Welfare and Pension Plans Disclosure
Act.
Sec. 603. Civil actions for appropriate re-
lief, legal or equitable, to redress or restrain
a breach of any responsibility, obligation or
duty of a fiduciary, Including but not limited
to, the removal of a fiduciary who has failed
to carry out his duties and the removal of
any person who is serving in violation of
the requirements of section 15(1) of the
Welfare and Pension Plans Disclosure Act
or against any person who has transferred
or received any of the asrets of a plan or
fund in violation of the fiduciary require-
ments of the Welfare and Pension Plans Dis-
closure Act or in violation of the document
or documents governing the establishment
or operation of the fund, may be brought
by any participant or beneficiary of any em-
ployee benefit plan or fund subject to the
Welfare and Pension Plans Disclosure Act
in any court of competent Jurisdiction, State
or Federal, or the United States District
Court for the District of Columbia, without
respect to the amount in controversy and
without regard to the citizenship of the
parties. Where such action ^s brought in a
district court of the United States, it may
be brought in the district where the plan
is administered, where the breach took place,
or where a defendant resides or may be
found, and process may be served in any
other district where a defendant resides or
may be found.
Sec. 604, Suits by a participant or bene-
ficiary entitled, or who may become entitled,
to benefits from an employee benefit plan or
fund, subject to the Welfare and Pension
Plans Disclosure Act, as amended by this
Act may be brought In any court of com-
petent Jurisdiction, State or Federal, or the
United States District Court for ihe District
of Columbia, without respect to the amount
in controversy and without regard to the
citizenship of the parties, against any such
plan or fund to recover benefits due him
required to be paid from such plan or fund
pursuant to the document or documents
governing the establishment or operation of
the plan or fund, or to clarify his rights to
future benefits under the terms of the plan.
Where such action Is brought In a district
court of the United States, It may be brought
In the district where the plan is adminis-
tered, or where a defendant resides or may
be found, and process may be served in any
other district where a defendant resides or
may be found. Such actions may also be
brought by a participant or beneficiary as
a representative party on behalf of all par-
ticipants or beneficiaries similarly situated.
Sec. 605. (a) In any action brought un-
der section 603 or 604, the court in its discre-
tion may —
(1) allow a reasonable attorney's fee and
costs of the action to any party;
\ (2) require the plaintiff to post security
Ifor payment of costs of the action and rea-
sonable attorney's fees,
(b) A copy of the complaint in any action
brought under section 603 or 604 shall be
served upon the Secretary by certified mall,
who shall have the right, in his discretion,
to intervene in the action.
(c) Notwithstanding any other law, the
Secretary shall have the right to remove
an action brought under section 603 or 604
from a State court to a district court of the
United States, if the action is one seeking
relief of the kind the Secretary is authorized »
to sue for under this Act. Any such removal
shall be prior to the trial of the action and
shall be to a district court where the Secre-
tary could have initiated the action.
Sec. 606. The provisions of the Act entitled
"An Act to amend the Judicial Code and to
define and limit the Jurisdiction of courts
sitting in equity, and for other purposes",
approved March 23, 1932, shall not be appli-
cable with respect to suits brought under
this title.
Sec. 607. Suits by an administrator or fi-
duciary of a pension plan, a profit-sharing-
retirement plan, or aij employeea' benefit
fund subject to the Welfare and Pension
Pla.is Disclosure Act. to review final order
of the Secretary, to restrain the Secretary
from taking any action contrary to the pro-
visions of this Act, or to compel action re-
quired ui^.der this Act. may be brought in the
name of the plan or fund in the district court
of the United States for the district where
the fund has its principal office, or In the
United States District Courc for the District
of Columbia.
Sec, 608, Any action, suit, or proceeding
based upon a violation of this Act or the
Welfare and Pension Plans Discios-ire Act
shall be commenced within five years after
the violation occurs. In the case of fraud or
concealment, such action, suit or proceeding
shall be commenced within five years of the
date of discovery of such violation.
Sec. 609. (a) It is hereby declared to 'be
the express Intent of Congress that, except
for actions authorized by section 604 of this
title, the provisions of this Act or the Wel-
fare and Pension Plans Disclosure Act shall
142
CONGRESSIONAL RECORD — SENATE
January ^, 1973
supersede any and all laws of the States and
of political subdivisions thereof Insofar as
they may now or hereafter relate to the sub-
ject matters reg'alated by this Act or the
Welfare and Pension Plans Disclosure Act,
except that nothing herein shall be con-
strued—
(1) to exempt or relieve any employee
benefit plan not subject to this Act or the
Welfare and Pension Plans Disclosure Act
from any law of any State;
(2) to exempt or relieve any person from
any law of any State which regulates Insur-
ance, banking, or securities or to prohibit a
State from requiring that there be filed with
a State agency copies of reports required by
this Act to be filed with the Secretary; or
(3) to alter, amend, modify. Invalidate, Im-
pair, or supersede any law of the United
States other than the Welfare and Pension
Plans Disclosure Act or any rule or regulation
Issued under any law except as specifically
provided In this Act.
(b) Subsection (a) of this section shall
not be deemed to prevent any State court
from asserting Jurisdiction In any action re-
quiring or permitting accounting by a fidu-
clrtrv during the operation of an employee
benefit fund subject to the Welfare and Pen-
sion Plans Disclosure Act or upon the termi-
nation thereof from asserting jurisdiction
m anv action by a fiduciary requesting In-
structions from the court or seeking an In-
terpretation of the trust instrument or other
document governing the fund. In any such
action — ^ ^ „, ,
( 1 ) the orovlslons of this Act and the Wel-
fare and Pension Plans Disclosure Act shall
supersede any and all laws of the State and of
political subdivisions thereof. Insofar as they
may now or hereafter relate to the fiduciary,
reporting, and disclosure responsibilities of
persons acting for or on behalf of employee
benefit plans or on behalf of employee benefit
funds subject to the Welfare and Pension
Plans Disclosure Act except Insofar as they
may relate to the amount of benefits due
beneficiaries under the terms of the plan;
(2) notwlthstandlne any other law. the
Secretary or. in the absence of action by the
Secretary, a participant or beneficiary of the
emplovee benefit plan or fund affected by
this subsection, shall have the right to re-
move such action from a State court to a dis-
trict court of the United States If the action
involves an Interpretation of the fiduciary, or
reporting, and disclosure responsibilities of
persons acting on behalf of employee benefit
plans subject to the Welfare and Pension
Plans Disclosure Act;
(3) the Jurisdiction of the State court shall
be conditioned upon —
(A) written notification, sent to the Sec-
retary bv reelstered mall at the time such ac-
tion Is filed, identifying the parties to the
artlo".. the nature of the action, and the plan
Invob-ed: and satisfactory etldence presented
to the covrt that the participants and bene-
ficiaries have been adequately notified with
j-espect to the action; and
iB> the rieht of the Secretary or of a
partlrlnant or beneficiary to Intervene In the
action as an Interested party.
TITLE Vrr — EFFECTIVE DATES
Sec. 701. (a) Sections 101. 102, 103. and
104, title V. and title VI of this Act shall be-
come effective upon the date of enactment
of this Act.
(b) Title II of this Act shall become ef-
fective three years after the date of enact-
ment of this Act, and title HI and IV of
this Act shall become effective one year after
the date of enactment of this Act.
Retirement Income SECXTHrrr fob Employees
Act
(Outline of major provisions of S. 4 (WU-
Uams-Javlts pension reform bill) )
The following are the major provisions of
tlTe" WlUlams-Javlts Pension Reform Bill:
1. Establishes within the Department of
Labor, under the supervision and responsi-
bility of the Secretary of Labor, an Office of
Pension and Welfare Plan Administration, to
be headed by an Assistant Secretary of Labor
appointed by the President, with Senate ad-
vice and consent, which will be responsible
for promotion, establishment, and adminis-
tration and operation of emplo>-ee benefit
plans and enforcement of Act.
2. Prescribes minimum vesting require-
ments whereby an employee, after eight
years of service, will acquire a vested non-
forfeitable right to 30% of pension benefits,
and, thereafter, each year will vest an addi-
tional lOTo until, at the end of 15 years, he
will .have vested rights of 100%. As to plan
participants who are 45 years of age on the
effective date of the vesting provisions, they
shall be vested with respect to such service
performed before that effective date In the
same manner as If the vesting schedules had
been In effect during that period of time.
3. Establishes minimum funding standards
for pension plans which will assure that all
unfunded pension liabilities of the plan will
be funded over a 30-year period.
4. Authorizes the Secretary to grant vari-
ances from funding requirements for quali-
fying plans under certain circumstances.
5. Establishes voluntary program for port-
ability through a central fund, whereby em-
ployees of participating employees may trans-
fer vested credits from one employer to an-
other.
6. Establishes a plrfh termination Insurance
program^ which will guarantee that the vested
pension credits of the employees will be paid
when an employer goes out of business and
the pension plan does not have sufficient as-
sets to pay the workers' benefits. Insurance
will cover benefits earned under the plan be-
fore the effective date and all such benefits
subsequrtit thereto. i
7. Prescribes new rules cf conduct tbr
trustees and fiduciaries controlling employee
benefit funds, and prohibits confilct of in-
terest and other unauthorized practices to
prevent mishandling or loss of such funds.
8. Requires additional and more compre-
hensive disclosure in reports to be filed with
the Federal Government, and more compre-
hensible explanations of the plans to workers.
9. Establishes federal Jurisdiction and pro-
vides adequate remedies to both the Govern-
ment and the Individual worker for judicial
and administrative enforcement of the bill's
provisions. Including recovery of pension
benefits due.
SXTMMART OP MaJOB PHOVISIONS
TrtLB 1. ORGANIZATION, POWERS, AND DTTriES
OP THE SECRETARY OF LABOR
SectUiv, 101. — This section requires the Sec-
retary of Labor to promote programs and
plans for the administration and operation
of employee benefit plans In furtherance of
the findings and policies set forth In the Act.
He shall determine the eligibility for regis-
tration of such plans upon compliance with
the requirements specified In the Act. Where
plans are unqualified, he Is authorized to can-
cel the registration. The Secretary Is directed
to administer and enforce the provisions of
this Act and the Welfare and Pension Plans
Disclosure Act. The Secretary Is empowered
to conduct Inquiries reasonably necessary to
ascertain violations of the Act or Its regu-
lations. He may not conduct an examination
of books and records more than once annual-
ly unless he has reasonable cause to believe
there has been a violation. He ma.y use sub-
poena powers. If necessary, In the enforce-
ment of the Act. The Secretary Is authorized
through the Attorney General to Institute
civil actions to enforce the provisions of the
Act.
The Secretary is authorized to prescribe
rules and regulations to govern standards and
qualifications and actuaries performing serv-
ices under the Act, and to certify actuaries
as qualified for purposes of the Act. He is
authorized to establish reasonable limita-
tions on actuarial assumptions. The Secre-
tary Is directed to conduct studies on the ef-
fects of and the sijbjects covered In the Act
and to furnish Congress with annual reports
of such studies and his activities and prog-
ress under the Act.
Before promulgating regulations, the Sec-
retary is required to consult with appropriate
government agencies to avoid duplication or
conflicts. He may also make arrangements
with federal or state agency facilities for the
purposes of enforcing the Act on a reimburs-
able basis.
Oj^ice of Administration
Section 103. — This section establishes with-
in the Department of Labor an Office of Pen-
sion and Welfare Plan Administration headed
by an Assistant Secretary of Labor appointed
by the President with Senate advice and con-
sent. Under supervision of the Secretary of
Labor, he shall exercise that power and au-
thority delegated to him by the Secretary for
the purpose of administration and enforce-
ment of the Act.
The functions, records and personnel of the
Office of Labor Management Services Admin-
istration necessary for the administration of
Welfare and Pension Plans Disclosure Act,
are transferred to the new Office of Pension
and Welfare Plan Administration.
Coverage and exemptions
Section 104. — This section requires that,
unless exempt, the provisions of the Act
apply to any pension or profit-sharing-retire-
ment plan established or maintained by an
employer, a union, or both together In any
Industry or activity affecting Interstate com-
merce. The fiduciary and disclosure provi-
sions of the Act apply to all employee bene-
fit plans unless exempt.
The Act does not apply to plans established
by federal or state governments, plans, es-
tablished by religious organizations, plans for
the self-employed, plans covering not more
than 25 participants, plans established out-
side the territorial Jurisdiction of the United
States for citizens of other countries unless
they maintain funds In the United States,
certain plans for key executives, and plans
for members of labor organizations which
are financed exclusively from the members'
dues.
The funding and plan termination Insur-
ance requirements are not applicable to
profit-sharing or money purchase plans, be-
cause of the nature of these plans.
Registration of plans
Section 105. — This section requires admin-
istrators of pension and profit-sharing plans
to file applications with the Secretary of La-
bor for registration of such plans. The filing
by the administrator shall be within six
months after a plan has been established, or.
If a plan was In effect at the time of enact-
ment of this Act, such filing shall be within
six months after the effective date of regula-
tions promulgated by the Secretary of Labor,
but In no event later than 12 months.
Upon finding by the Secretary that a plan
is qualified. It shall be Issued a certificate
of registration by the Secretary. The criterion
for the grant of such certificate shall be
compliance with the requirements of the Act.
Where a plan Is deficient, the administra-
tor or other appropriate person shall be given
an opportunity to remove the deficiency, and
In the event that such deficiency Is not re-
moved, the Secretary may order cancellation
or denial of such certificate.
Reports on registered plans
Section 106. — This section provides that
the Secretary may, by regulation, provide fa'
the filing of one single report which will sat-
isfy the reporting requirements of this Act
and the WPPDA.
Amendments of registered plans
Section 107. — This section provides that
amendments to pension or proflt-shwlng-re-
January ^, 1973
CONGRESSIONAL RECORD — SENATE
143
tlrement plans shall be registered with the
Secretary; that copies of such amendments
shall be filed with the Secretary; and that
the Secretary may require additional infor-
mation In order that he may determine the
Initial unfunded liability which has been
created by the amendment and to further
determine special payments which may be
required to remove such liability.
Certificate of Rights
Section 108. — This section requires the Sec-
retary to promulgate regulations requiring
each plan to furnish its participants, upon
termination of service with vested rights,
with a certificate reciting the benefits due
to such participants and the location of the
entity responsible for the payments and
f pertinent data relating thereto. A copy of
such certificate shall be filed with the Sec-
retary.
TFTLE 11. — VESTING AND FUNDING REQCIREMENTS
Part A — Vesting
Section 201. — This section requires that no
pension or profit-sharing-retirement plan
may require as a condition of eligibility to
participate In the plan, a period of service
longer than one year cr an age greater than
25, whichever occurs later, except that any
plan which provides 100 percent immediate
vesting upon entry Into the plan may restrict
participation to those who have attained
age 30, or three years of service, whichever
occurs later.
Section 202. — This section provides that all
pensions and profit-sharing-retirement plans
are required to vest rights in participants
with respect to service rendered both before,
as well as after, the effective date of the title
at the rate of a 30 percent vested Interest,
commencing with eight years of service, and
Increasing by 10 percent each year thereafter
In order that 100 percent vesting Is attained
after 15 years of service. However, vesting of
accrued benefits as to service rendered prior
to the Act Is required only with respect to
plan participants who have attained age 45
on the effective date of the title. Vested plan
benefits acquired under the Act may not be
assigned or alienated except that where a
plan falls to make such provision, the Secre-
tary shall be required to provide for final dis-
position of such benefits.
It further provides that no more than three
of the eight years required to qualify for a 30
percent vested right need be continuous, but
that service prior to age 25 may be Ignored in
determining eligibility for a vested right un-
less the participant or his employer has made
contributions to the plan with respect to
- service prior to age 25.
In addition. In the event a participant has
achieved 100 percent full vesting when per-
manently separated from the plan and subse-
quently returns to coverage under the same
plan, he may be treated as a new participant
for purposes of vesting schedule.
Any plan may allow more liberal vesting
than required by the Act. If, upon applica-
tion by a plan, the Secretary determines that
a plan's vesting provisions are as liberal as
those required by this Act, he may waive
the requirements and permit the plan's vest-
ing schedule to remain unchanged. Liberal
refers to a vesting schedule comparable to,
or greater than, the one prescribed by this
Act.
Part B — Funding
Section 210. — This section requires that
plans provide for compulsory funding of its
obligations to Its employees. Every employer
Is required to provide contributions for fund-
ing of his pension plan In a manner adequate
to amortize all pension benefit liabilities
which may accrue under the terms of the
plan. Employers must fund all normal serv-
ice costs annually and must fund Initial un-
funded liabilities existing on the effective
date of this title (or in any plan established
after the effective date of the title) within
30 years from the applicable date, In no less
than equal amounts annually. If any amend-
ment to the plan results In substantial In-
crease to the plan's unfunded liabilities, the
Increase shall be funded separately as If It
were a new plan and shall be regarded as a
new plan for purposes of the plan termination
Insurance program established under this
Act.
If a plan has an experience deficiency (re-
sulting from actuarial error) for any par-
ticular year, the deficiency must be removed
In no more than a five-year period, except
that where such deficiency cannot be re-
moved within such period without exceeding
allowable limits for tax deductions under the
Internal Revenue Code for a given year dur-
ing such period, the Secretary may prescribe
necessary additional time to permit removal
of such deficiency within allowable tax de-
duction limitations.
Within six months after the effective date
of rules promulgated by the Secretary to
Implement this title, but ^ot later than 12
months after the effective date of the title,
or within six m^Jiths after date of plan es-
tablishment, whichever is later, the plan Is
required to submit a report by an actuary
wh3 has been certified by the Secretary, stat-
ing information necessary to determine the
appropriate application of the funding re-
quirements to the plan. Plans are also re-
quired to be re\'lew2d every five years by
certified actuaries who are to report the fund-
ing obligations which must be met and any
surplus or experience deficiencies. The Secre-
tary Is authorized to exempt certain plans
from these filing requirements If consistent
with the purpose of the Act.
Section 211. — This section provides that
subject to the authority of the Secretary to
provide exemptions In cases of hardship, and
certain, provisions of the Internal Revenue
Code, all assets of termliiated pension plans
must be distributed according to the follow-
ing priorities :
First, to refund to nonretired participants
In the plan the amount of contributions
made by them; second, to retirees; third, to
persons eligible to retire on date of plan
termination; fourth, to participants who
have vested rights under the plan but who
liave not reached retirement age; and fifth,
to other participants. In addition, employers
su-e held liable for contributions (including
amounts withheld from employees) owing to
the plan which were required to be made by
virtue of the funding requirements of the
Act, but which were not made as of the date
of plan termination. Upon either complete or
substantial termination of a profit-sharing
plan, the interests of all participants shall
fully vest.
The Secretary may approve payment of
benefits due to survivors In accordance with
priorities which are equal to those of the
employees whose service had acquired such
benefits.
Part C. — Variances
Section 218. — This section authorizes the
Secretary to defer. In whole or In part, ap-
plicability of the vesting provisions for a
period not to exceed five years from the effec-
tive date of such requirements where a plan
makes a showing that the vesting require-
ments would Increase the employer's costs
or contributions to the plan to an extent
that "substantial economic Injury" would
result to the employer and to the Interests
of the participants.
The definition of "substantial economic
injury" is defined to Include, but not to be
limited to, a substantial risk to plan con-
tinuance, inability to discharge benefit obli-
gations, substantial curtailment of pension
or other employee benefits, or the produc-
tion of an adverse effect upon employment
levels of the work force of the employer con-
tributing to the plan!
In collectively-bargained plans, both em-
ployer and union are required to submit ap-
plication for the variance, and where such a
submission Is made, the Secretary Is required
to give due weight to the experience, com-
petence, and knowledge of the parties con-
cerning the necessity for the variance.
Section 217. — This section provides that
where an employer can make a showing to
the Secretary of Labor that he cannot make
the required annual contribution to the
pension plan, the Secretary may waive such
contributions and authorize that such de-
ficiency be funded over a period not to
exceed five years in not less than equal an-
nual payments. However, to authorize such
variance, the Secretary must be satisfied that
such waiver will not have an adverse effect
upon the Interests of employees and will not
Impair the financial position of the Pension
Benefit Insurance Fund. No waiver may be
granted for more than five years, and when a
plan has been granted five consecutive
waivers, the Secretary has the authority to:
(1) merge or consolidate a deficiently fund-
ed plan with another plan of the employer.
If feasible; (2) order termination of a plan
If necessary to protect the Interests of the
participants or the position of the plan
termination Insurance program: (3) or such
other action as may be appropriate to carry
out the purposes of the Act.
No amendments Increasing plan benefits
are permitted during any period that a fund-
ing waiver is In effect.
The Secretary is required to promulgate
regulations governing funding of multi-em-
ployer plans that cover a substantial portion
of the indvistry or employees In a specific
geographic area to assure that such plans are
provided with sufficient assets to cover bene-
fits under the plan. In promulgating such
regulations, the Secretary is required to set
a funding period that will reflect an ad-
equate basis for funding the plan's benefit
commitments and which takes into account
the particular situation pertaining to the
plan, industry, and circumstances involved.
In no event Is the Secretary authorized to
prescribe a funding period for such a multi-
employer plan which is less than 30 years,
and no such plah Is permitted to increase
benefits beyond a point for which the con-
tribution rate would be Inadequate unless
such rate Is increased commensurately.
The Secretary may determine also that an
employer's withdrawal from a multi-em-
ployer plan will significantly reduce the rate
of aggregate contributions to the plan. He
may then require the fund to be allocated
between the nonworklng and working partic-
ipants, and treat the nonworkers' share of
the fund as terminated for insurance pur-
poses, and the remaining portion of the fund
as a new one for funding, variances, and
Insurance purposes.
TITLE ni. — VOLUNTARY PORTABILITY FBOGRAM
FOR VESTED PENSIONS
Program established
Section 301. — This section establishes a
voluntary program for portability of vested
pension credits. The program will be ad-
ministered by and under the Secretary's di-
rection, and will be designed to facilitate the
voluntary transfer of vested credits betweeo.
registered plans. Plans registered under the
Act may voluntarily apply for membership
In the program and upon approval be issued
a certificate of membership by the Secretary.
Acceptance of deposits
Section 302. — This section requires that,
upon request of a plan participant, plans
which are members of this program are re-
quired to pay, to a central portability fund
administered by the Secretary, monies repre-
senting the value of the participant's vested
rights when he is separated from the plan
prior to retirement. The Secretary will pre-
scribe the terms and circumstances of de-
posits to be made.
Special fund
Section 303. — This section establishes a
Voluntary Portability Program Fund under
141
CONGRESSIONAL RECORD — SENATE
January Jf, 1973
t le supervision of th* Secretary Into which
p ayments will be maAe In accordance with
regulations prescrlbefl by the Secretary un-
( er the,portabllltyi>rograni. The Secretary
shall be the trualfee of the fund and shall
( dmlnlster the l^nd and report to the Con-
i resa annually ol the fund's operations and
liscal status. The Secretary Is authorized to
( leposlt the amounts received In financial In-
i titutlons Insured by the FDIC or FSLIC but
) Lo more than 10 percent In any one financial
Institution.
Individual accounts
Section 304. — This section requires the
: "und to establish Individual accounts for
( ach participant for whom It has received
iQonles under the portability program.
Payments froTn individual accounts
Section 305. — This section provides that, at
' he request of a participant transferring Into
I . new plan, the Secretary Is required to pay
I >ut of his account the accumulated amounts
' o purchase pension credits from the new
»lan which are actuarially equivalent. Unless
he monies La a participant's account have
jeen transferred to another employer's plan
it the participant's request, the Secretary Is
equlred to use the monies In the partici-
pant's account to purchase a single-premium
ife aimuity from a qualified life Insurance
larrler when the participant reaches age 65,
I ind In the event of the participant's death,
o pay out monies in his account to his
designated beneficiary.
Technical assistance
Section 306. — This section authorizes the
Secretary to furnish technical assistance to
inlons, administrators, and all others af-
ected by this Act who wish to develop por;
ability or reciprocity arrangements of their
I iwn.
TITLE IV. PLAN TERMINATION INSTTEANCE
PROGRAM ESTABLISHED
Section 401. — This section establishes a
'rlvate Pension Plan Termination Insurance
'rogram administered by the Secretary,
vhlch requires plans to Insure unfunded
ested liabilities Incurred prior to enact-
nent of the Act, as well as after enactment
)f the Act.
Condition of insurance
Section 402. — This section requires the
nsurance program to Insure participants
igalnst loss of vested benefits arising from
plan termination.
The amount of vested benefit Insurance
Is limited to 50 percent of highest average
nonthly wage of participants earned over a
ave-year period,^ or $500 monthly whlch-
sver Is the lesser.
No insurance shall be paid If the plan Is
terminated less than three years from date of
establishment or registration unless the
Secretary determines that a registered plan
was otherwise In substantial compliance with
the Act and that the reserve position of the
Insurance program will not be adversely
affected.
Insurance will not cover vested rights
created by any plan amendment which took
effect less than three years prior to plan
termination.
No coverage Is extended to participants
who own 10 percent or more of employer vot-
ing stock.
Assessment and premiums /
Section 403. — This section requires plans
to pay an Initial uniform assessment to be
prescribed by the Secretary to cover ad-
ministrative costs of the program. The Secre-
tary shall prescribe an annual premiums
rate based upon unfunded vested liabilities.
Por the first three years, the Insurance pre-
mium shall not exceed 0.2 percent of un-
funded vested liabilities Incurred after en-
eictment of the Act. With respect to those
unfunded vested liabilities Incurred prior to
enactment, the premium shall be 0.2 per-
cent, provided that the unfunded vested
UabUlties of the plan were fvmded at least
75% during the five-year period preceding
enactment.
As to plans which on date of enactment
were less than five yrajs old, the premium
shall be 0.2 percent, provided that the plan
had been reducing Its unfunded vested
liabilities at a rate of no less than 5 percent
annually. In the event plans do not meet the
above funding standards, they can be
charged a premium not to exceed 0.4 pjercent
or less than 0.2 percent of pre-enactment un-
funded vested liabilities.
Also, in the case of multi-employer plans
(as defined In the Act), the premium rate
for the Initial three years shall not exceed
0.2 percent of unfunded vested liabilities,
regardless of when such liabilities were in-
curred.
After the initial three-year period, the
Secretary may prescribe an annual rate based
upon experience, emd unless Congress ob-
jects within 90 days, the new premium shall
become effective.
The Secretary Is required to consult with
appropriate private and government agencies
on matters relating to the assessment and
premlimi rates before prescribing rates.
Payment of insurance
Section 404. — This section requires that
insured plans must receive authority from the
Secretary to terminate, and the Secretary
must determine that statutory requirements
have been complied with and that the pros-
pective termination Is not designed to avoid
or circumvent the Act.
Thi; Insurance to be paid shall be the dif-
ference between the plan's assets and un-
funded vested benefits owed at the time of
plan termination.
In addition, the Secretary Is required to
prescribe procedures under which funds of
terminated plans shall be liquidated and
paid out to cover vested benefits of partici-
pants. In Implementing this authority, the
Secretary may transfer terminated funds un-
der his supervision or purchase annuities
from qualified Insurance carriers for partici-
pants or take such other action as may be
appropriate.
Recovery \
Section 405. — This section provides that,
where employers In terminated plans are not
Insolvent, they or their successors-ln-lnterest
may be liable for reimbursement of a portion
of insurance benefits paid. The liability of
the employer is to be based on the ratio of
the plan's unfunded vested liabilities to the
employer's net worth, and the employer is
required to reimburse the Secretary for that
percentage of the unfunded vested liabili-
ties which Is represented by the foregoing
ratio. However, If such ratio Is less than 50%
of the employer's net worth, he Is required
to pay the full amount.
The Secretary shall make arrangements
with employers on equitable terms for the
reimbursement of Insurance paid.
The amount or amounts of any unpaid
liability owed by an employer shall consti-
tute a lien In favor of the government, but
Junior to any Hen for unpaid taxes owed
to the government.
Pension benefit insurance fund
Section 406. — This section establishes
within the Labor Department a fund for the
deposit of premiums, assessments, etc., made
under the Act and for payment of such
claims thereunder.
TITLE V. — DISCLOSURE AND FIDUCIARY STANDARDS
The new Disclosure and Fiduciary Require-
ments of this Act are accomplished by
amendments to the Welfare and Pension
Plans Disclosure Act. (WPPDA).
Disclosure
Section 501. — This section requires that an-
nual reports filed are required to be accom-
panied by a certificate designating the Sec-
retary as agent for service of process In any
action arising under this Act.
Section 502. — This section amends Section
3 of the Welfare and Pension Plans Disclosure
Act by adding new paragraphs containing
revised definitions of terms such as "relative,"
"administrator," "employee benefit plan,"
"employee benefit fund," "separate account,"
"adequate consideration," "nonforfeitable
pension benefit," "covered service," and vari-
ous other terms which are intended to recon-
cile definitions contained In the Act with the
new amendments.
Section 503. — This section amends Sec. 4
(a) of the Welfare and Pension Plans Disclo-
sure Act by making editorial changes required
by the terms of the current Act in order that
the definitions of the WPPDA will be recon-
ciled with those of the current amendments.
Section 504. — This section amends Sec. 5
(b) of the WPPDA by permitting the Secre-
tary to require the filing of a special terminal
report in the event that there are monies or
other assets remaining in the plan. Addition-
ally, it Is amended to grant the Secretary the
right to exempt from the reporting and dis-
closure requirements of the Act a certain
class of employee benefit plan II the same
does not serve the purposes of the .^ct.
Section 505. — This section amends Sec. 6
of the WPPD.\ and requires plan descriptions
under this Act to be comprehensive and writ-
ten In a language and manner calculated to
be understood by the average participant. In
addition, the prior filing requirements are
revised to authorize plan amendments to be
filed In accordance with regulations pre-
scribed by the Secretary. Heretofore, plan
amendments had to be filed within 60 days
after they were effective.
Section SOS. — This section provides for two
significant changes to the WPPDA. The first
Is a new requirement that the annual finan-
cial report must include an opinion of the
plan's financial condition by an IndepAdent
accountant based upon the results of an an-
nual atidlt. Second plans must Include In
their reports more detailed financial infor-
mation, particularly in connection with
party-ln-lnterest transactions, and more de-
tailed actuarial Information relating to the
plan's funding method and Its overall finan-
cial soundness.
Section 507.— This section broadens the
WPPDA requirements by requiring adminis-
trators to furnish reports to employees or to
make available (whichever Is more practi-
cable) to every participant upon bis enroll-
ment In the pl.in a summary of the plan's
Important provisions WTltten In a manner
calculated to be understood by the average
participant. (This requirement covers major
amendments as well ) . This summary should
Include an explanation of a participant's
rights and obligations under the plan and
the circumstances which may disqualify him
from benefits, as well as the requirements of
WPPDA. Administrators are also required to
furnish or make available to participants
every three years a revised, up-to-date sum-
mary of the plans Important provisions
(including major amendments) .
Additionally, the plan administrator must
furnish to participants and beneficiaries,
upon request, copies of the plan description,
annual report, or bargaining agreement, trust
agreement, contract, or Instrument under
which the plan Is established and operated.
The plan administrator may make a rea-
sonable charge to cover the costs of such
copies.
Plan administrators are also required to
furnish participants with notices of any vest-
ing or funding variance the plan has rec"eTved
under other provisions of the Act.
January 4, 1973
CONGRESSIONAL RECORD — SEN ATE
145
Section 508. — This section amends Section
9(d) of the WPPDA to eliminate the require-
ment of certification previously required to
examine reports and records of a plan. The
annual audit required by the Act dispenses
with the need for such certification.
Section 509. — This section amends Section
14 of the WPPDA to restructure the Advisory
Council on Employee Welfare and Pension
Benefit Plans so that It wUl serve as an ad-
visory council for both the WPPDA and the
Retirement Income Security for Employees
Act. Tlie Advisory Couiacll Is expanded from
Its present ntomber of 13 members to 21 mem-
bers. New permanent categories of member-
ship are added ttf include the fields of ac-
tuarial counseling. Investment counseling,
and accounting. Five representatives of man-
agement have also been added. The period of
advisory council meetings Is changed from
Us requirement of twice a year to meetings of
at least four times a year.
Fiduciary standards
Section 5f0.— This section adds new Sec-
tion 15 to the WPPDA which establishes fidu-
ciary standards for employee pension and
welfare plans.
In general, this section requires plans to
be established pursuant to a wTitten docu-
ment and requires plan funds to be treated
as a trust for the exclusive purpose of (1)
providing benefits to participants and their
beneficiaries and (2) paying reasonable ad-
ministrative expenses.
This section also requires a fiduciary (i.e.,
a person who Is responsible for handling plan
funds) to act as a prudent man in a similar
situation and other like conditions would act.
The fiduciary must adhere to trust principles
established by the Act, and to trust terms
which are consistent with the Act and to re-
frain from transactions where his personal
Interests would conflict with the interests of
the participants and beneficiaries. However,
transactions which are otherwise prohibited
may be permitted by the Secretary if he finds
that the participants' Interests would be
served by such action. A fiduciary Is pro-
hibited from investing, or maintaining in-
vestment of more than 10 percent of a pen-
sion fund's assets in securities of the em-
ployer.
In general, fiduciaries may be reasonably
compensated and entitled to receive benefits
which belong to them by reason of being
participants in the plan and may also make
certain loans to participants or beneficiaries
or make reasonable arrangements with par-
ties-ln-interest for office space or other serv-
ices, including providing more than one type
of service to fiduciaries or other parties-ln-
Interest which are customarily furnished.
Any fiduciary who breaches his trust is
personally liable for losses resulting from
such breach, and co-fiduciaries are jointly
and severally liable except that a co-fiduci-
ary may avoid liability by objecting promptly
to any action which may constitute a breach
of trust.
Exculpatory clauses In trust agreements
are prohibited; however, fiduciaries are per-
mitted to allocate specific responsibilities
among themselves, and, thereby, subject to
disapproval by the Secretary, limit the re-
sponsibility of each fiduciary.
The bill further prohibits any Individual
who has been convicted of certain specified
crimes from serving as an administrator, of-
ficer, trustee, employee, or consultant of, or
with respect to a plan, for five years following
his conviction or release from Imprisonment.
unless the Secretary determines that a waiver
Is Justified.
The bill also requires all Investments and
deposits of plan funds to be made in the
name of the fund or its nominee and pro-
hibits employees of either the employer or an
employee organization from receiving cbm-
missions, or brokerage fees with respect'to
plan investments; and provides for a transi-
tional period as determined by the Secretary
for a plan to dispose of conflict-in-interest
investments.
Finally, every plan, in accordance with
regulations of the Secretary, is required to
provide adequate notice in writing to a par-
ticipant whose benefit claim has been denied,
setting forth the specific reason for the de-
nial in understandable language and pro-
viding reasonable review procedure with
respect to any denial of benefits.
TITLE VI. ENFORCEMENT
Sec. 601. — This section empowers the Sec-
retary to petition the federal courts to compel
a pension or profit-sharing-retirement plan
to comply with the Act or effect recoveries of
moneys which may be due under the Act.
Sections 602, 603, 604, and. 6 05. —These sec-
tions provide that when the Secretary has
reason to believe that a pension, profit-shar-
ing, or other employee benefit plan is violat-
ing the Act or the plan's governing docu-
ments, he may seek relief in the federal coiu'ts
to compel the return of assets lo the fund, to
require payments to be made, to require the
removal of a fiduciary, and to obtain other
appropriate relief. Plan participants also may
seek relief In federal and state courts aga?n--i
violations committed by a fiduciary. Includ-
ing his removal from office. They may also
seek relief to recover benefits required to be
paid under the plan in the same courts. The
Secretary has the right to remove an action
pending in a state court to the federal courts
for relief provided under this Act.
Sections 607 and 60S.— These sections pro-
vide th^t administrators and fiduciaries have
the right to obtain Judicial review of the ac-
tions of the Secretary. The bill provides a
statute of limitations of five years for actions
for relief provided under this Act.
Section 609. — This section provides that
this Act supersedes state laws covering the
same matters However, the Act does not ex-
empt or relieve any person from complying
with any state law regulating Insurance,
banking, and related nnt^ers, and does not
remove state Jurisdic:l> n over plans not sub-
ject to the Act. Sta e - jurts are not prevented
from asserting jurisdiction In compelling the
accounting of a fiduciary or requiring clarifi-
cation of the plan. The Secretary or a plan
participant may remove such a case from the
state to the federal court If It involves the ap-
plicability of the Act.
TITLE VH. — EFFECTIVE DATES
Section 701. — This section provides that the
registration, administration, disclosure, fi-
duciary, and enforcement provisions of the
Act become effective upon enactment.
The vesting and funding provisions of the
Act shall become effective three years after
enactment of the Act, and portability and
insurance provisions one year after enact-
ment.
PENSION AND WELFARE PLAN REFORM LEGISLA-
TION 1973, A TE.\R FOR DECISION
Mr. JAVITS. Mr. President, starting
with the 90th Congress in 1967 and in
each succeeding Congress thereafter, I
have introduced bills to protect the ben-
efit rights of the over 30 million workers
covered by private pension and welfare
plans — ^plans with reserve assets of more
than $150 billion — growing at the rate
of $10 billion annually and predicted to
reach over $230 billion by 1980— the larg-
est aggregate of virtually unregulated
money in the Nation.
It is, therefore, with pride and antici-
pation that I speak as principal co-
author of the Williams-Javits pension
and welfare plan reform bill, S. 4, intro-
duced by the chairman today and re-
ferred to the Committee on Labor and
Public Welfare. The Williams-Javits bill
is a major bipartisan legislative under-
taking— cosponsored by close to 50 per-
cent of the Senate last year — which
takes as its basis the bills I have au-
thored since 1967. It is identical to S.
3598, the bill wliich was unanimously
approved by the Senate Committee on
Labor and Public Welfare in September
of 1972, culminating 3 years of intense
study and investigation by the Senate
Labor Subcommittee.
The essential provisions of the bill are
as follows : '
Vesting: The bill assures that after 8
years of employment, a worker would
have a nonforfeitable right to 30 percent
of accrued pension benefits. This would
increase at an annual rate of 10 percent
to reach 100 percent after 15 years.
Workers age 45 or older on the effec-
tive date of the vesting requirements
would be vested in service prior to such
date in accordance with the foregoing
vesting schedule.
Funding: Pension plan managers
would have to accumulate contributions
at a rate sufficient to assure that un-
funded benefit obligations could be paid
in 30 years.
Federal Insurance: Every pension plan
would be required to purchase Federal
insurance to guarantee the payment of
vested pension obligations in the event
of premature plan termination.
Portability: Provision is made for an
employee to take vested pension credits
with him from job to job through a
voluntar>' central clearinghouse fund ad-
ministered by the Labor Department.
Fiduciarj' Standards and Disclosure:
Existing law is strengthened to provide
safeguards against corruption and con-
flicts of interest and more adequate com-
munication to employees concerning
their plan.
The design of these provisions was
based on the principal findings of the
Senate Labor Subcommittee. These prin-
cipal findings were:
First. Inadequate or nonexistent vest-
ing provisions which result in the denial
of retirement benefits to employees upon
termination of services, voluntary or
otherwise, despite long years of employ-
ment.
Second. Inadequate accumulation of
assets in funds to meet obligations and
payments to workers who are entitled to
benefits.
Third. Forfeiture of earned retirement
benefits by employees resulting from vol-
untary or involuntars' moves within an
industry or geographical area, which re-
stricts the mobility of the labor force.
Fourth. Instances where employers
have not achieved full funding status,
but through circumstances often beyond
their control, must terminate the plan
without adequate resources for payment
of benefits due.
Fifth. The lack of uniform require-
ments of conduct by fiduciaries and em-
ployers in the administration and opera-
tion of their pension funds which results
In abuses and unsoimd practices which
jeopardize the security of the assets and
threaten the availability of funds for em-
ployees.
Sixth. Employee participants not hav-
146
CONGRESSIONAL RECORD — SENATE
January If., 1973
ii g full feomprehension of their rights
a id obligations under their participating
pi insion plans because of inadequate com-
n unication to them in booklets or other
f ( rmat of details of plans.
The distinctive approach of the bill
c in be most readily grasped by reference
U > the following key paragraphs from the
c^ >mmittee's report.
[T]he [committee] was of the opinion that,
bised upon Its findings. It would be unwise
a Id Impractical to propose either revisions or
nsw provisions of law In patchwork fashion.
I , was convinced that the nature and extent
o : the problems determined to exist required
o le omnibus legislative proposal which would
e nbody essential and Indispensable re-
f( irm. . . .
The committee believes that the legislative
a pproach of establishing minimum standards
and safeguards for private pensions Is not
c rUy consistent with retention of the freedom
0 r decision-making vital to pension plans, but ^
li furtherance of the growth and develop-*
rient of the private pension system. At the
sime time, the committee recognizes the
absolute need that safeguards l^r plan par-
ticipants be sufficiently adequate and effec-
tive to prevent the numerous Inequities to
workers under plans which have resulted In
tragic hardship to so many. The committee
1 as vividly demonstrated this need In public
1 earlngs.
The bin reported by the committee rep-
lesents an effort to strike an appropriate
balance between the Interests of employers
i ,nd labor organizations In maintaining flexl-
MUty In the design and operation of their
1 tension programs and the need of the work-
( rs for a level of protection which will ade-
( luately protect their rights and Just expecta-
1 ions. In adopting this approach, the com-
mittee believes It has designed a bUl, which,
Ike the National Labor Relations Act, the
vage-hour laws and other labor standards
aws. brings the workers' Interest up to parity
rtth those of employers.
THE PRIOartY OF PENSION ASD WELFARE
REFORM LEGISLATION
As we all know, the Williams-Javits
)ill was referred to the Committee on
?^nance in the closing days of the last
;ongresslonal session, where, after a
veek'.s deliberation, it was stripped of its
cey provisions. This was most unfortu-
late since this action made it virtually
rapossible to bring the bill to a vote on
iie floor in the last session. Neverthe-
ess, it was reasuring that the leadership
3f both parties in the Senate — mindful
3f the tremendous interest and concern
expressed over pension and welfare re-
form legislation throughout the coun-
try— pledged to give it priority status
In this session of the Congress. We
should now move decisively to fulfill this
commitment in 1973 because I do not be-
lieve that American workers who are the
backbone of our Nation's economic and
social system, will continue patiently to
tolerate further delays and obstacles to
the attainment of their just demands for
comprehensive protection of their pen-
sion rights.
In order to dispel any lingering doubt
about the desirability of swift and effec-
tive action, let me briefly review the his-
tory of inadequate action by the Con-
gress on pension reforms, despite the
overwhelming evidence in support of
such legislation.
As mentioned previously. I introduced
the first comprehensive pension reform
bill in 1967 and this was followed by then
Secretary of Labor Wirtz's bill, intro-
duced in 1968. Hearings were held in the
Senate for 1 day in 196<' but no action
was taken on any of these bills. In 1969
and 1970, there were House hearings on
similar bills and again nothing resulted.
In 1971. my comprehensive biU was rein-
troduced as S. 2. This was accompanied
by intensive study and investigation by
the Senate Labor Subcommittee. Sena-
tor Williams and I then agreed on a
joint bill which was introduced in May of
1972. Legislative hearings on the Wil-
liams-Javits bill were held in June of
1972 and the bill was ultimately reported
by the committee in September.
At the same time there have been
numerous hearings and studies from
countless perspectives in other commit-
tees on both sides of Capitol Hill. In 1966
we held hearings in the Government
Operations Committee concerning the
unethical diversion of certain union pen-
sion funds. In 1966 we also held hear-
ings before the Joint Economic Commit-
tee on pension problems. There have
been hearings before the Senate Special
Committee on Aging and also before the
House Ways and Means Committee in
May of 1972.
Nor has the executive branch been
silent in %his area. In 1965, President
Kennedy's" Cabinet Committee on Cor-
porate Pension Funds issued a report
recommending vesting and funding and
fiduciary reform along with a recom-
mendation for further investigation and
study in connection with problems of
plan termination insurance and port-
abUity. In 1971, the White House Con-
ference on the Aging issued a report
recommending that the Federal Govern-
ment require early vesting and/or port-
ability, fiduciary responsibility, funding
standards and reinsurance protection in
private plans. In E>ecember of 1971 the
administration transmitted to the Con-
gress, after a joint study by the Depart-
ments of Labor and Treasury, two bills
recommending, among other things,
fiduciary and disclosure standards and
vesting In private pension plans, and
just recently— December 18, 1972, to be
precise — a report of a special task force
to the Secretary of Health, Education,
and Welfare, entitled "Work in America,"
has recommended liberalization of pri-
vate pension plans by mechanisms of
early vesting and portablity as a means
of removing inequities in the private
pension system and inducing greater job
satisfaction among workers.
Mr. President, if all the volumes of
words on the need for pension reform
legislation, if all the testimony of wit-
nesses before congressional committees, if
all the studies and reports and reams of
statistical surveys were laid back to back,
they would fill this entire Senate Cham-
ber, and yet there still is no adequate
pension reform law on the U.S. statute
books.
Pension reform is now an area where
the Congress has both the motivation
and the competence to act decisively. The
legislation has priority status but that is
not enough to satisfy millions of dis-
satisfied and concerned American work-
ers looking forward to a decent standard
of living in retirement. The people can-
not look with favor on a repeat perform-
ance of what transpired in the Senate in
the closing days of the last session. If we
are to restore confidence in the ability of
the private pension plans to deliver on
their promises and also maintain confi-
dence in the capability of the Congress
as an institution to deal responsibly
with the important social needs of our
people, then surely we can hesitate no
longer on enacting effective pension and
welfare reform legislation, and we should
do it without any unnecessary legalistic
delay. This bUl deserves the highest
priority as a major incentive to over 30
million American working men and
women.
CONCLTTSION
Mr. President, before I close, I wotild
like first to pay a tribute to the chair-
man of the Labor and Public Welfare
Committee, Mr. Wh-liams, who in an un-
equaled way and as a great example of
public service, has worked with me in the
development of this legislation. I am de-
lighted to engage in this partnership
which has been one of the most satisfy-
ing of my entire career.
Now we have a mature bill which has
been termed by the New York Times "the
most thoughtful measure ever devised
on Capitol Hill for correcting defects in
the private pension plans." A gi-eat deal
of talent and hard work has gone into it.
We can still strengthen the bill and
improve it and I hope that we will very
shortly have hearings so that we can
determine what further improvements
should be made and then go forward with
this legislation. There is a great deal of
constructive effort that has been made
by a number of parties in both industry
and labor and by the administration
itself, which has made a valuable con-
tribution with its proposals. We have the
question also of the committees with
tax jurisdiction and I believe that we
can and should work out a constructive
approach to resolve these problems. I
know that there are many members of
both the Senate Finance Committee
as well as the House Ways and Means
Committee who are most enthusiastic
and interested in securing fundamental
pension reforms.
There is plenty of room for cooperation
and ample opportunity for meaningful
contributions to a strong and compre-
hensive pension law. The public is looking
to the Congress to provide the necessary
leadership in this field. We will only have
ourselves to blame if increasing cynicism
and disillusionment with the Congress
results from a failure to compose our
differences and pass the legislation that
over 30 million American workers are
counting on for a decent income in their
older years.
Mr. RIBICOFF. Mr. President, today
I am joining in the Introduction of S. 4,
legislation to reform America's outmoded
private pension system. No legislation
coming before the Senate in the 93d
Congress will be more Important to
American workers than safeguarding
their retirement Income.
The private pension system is a grow-
January If, 1973
CONGRESSIONAL RECORD — SENATE
147
ing one. In 1940, 4 miH^n employees were
covered by private pehsion plans with
assets of $2.4 billion. Today, more than
one-half of our work force in the United
States — 40 million workers — are mem-
bers and participants of private pension
plans. Assets in these plans, nimibering
some 34,000, amounted to almost $130
billion in 1970. By 1980-it is expected
that 42.3 mUlion workers will participate
in plans with assets skyrocketing to over
$250 billion.
Despite the growth and development
of these plans in the last few years, reg-
ulation of them in the public interest
has been minimal. Internal Reveune
Code regulations exist principally to pro-
duce tax revenue and to prevent evasion
of tax obligations. The Labor-Manage-
ment Relations Act regulates pensions
only to prevent union oflBcials and em-
ployers from conspiring to divert em-
ployee funds to their own use. The act
is not intended to establish nor does it
provide standards of funding adequacy,
security of investment, or fiduciary con-
duct. The 1958 Welfare and Pension
Plans Disclosure Act, while purporting
to protect the pension participant, es-
sentially required the administrator of a
pension plan to file certain very limited
information with the Secretary of Labor
and furnish Information to employees
upon request. The act lacks substantive
fiduciary standards and relies on the
initiative of the individual employee to
police the management of his plan.
All too often working men and women
contribute to these pension plans only to
find when they retire that the benefits
they had been promised are denied them.
In addition, frequently the pension
funds themselves are abused by those re-
sponsible for their management who
manipulate them for their own purposes
or make poor investments with them.
It is time controls were imposed to
safeguard the workers' valuable funds.
Genuine pension reform wiU be achieved
only by Federal regulation.
In the absence of comprehensive pen-
sion reform legislation, abuses and phan-
tom retirement security benefits have
been frequent. The major problems
which give rise to pension horror stories
are: First, the failure of pension funds
to provide necessary minimum and ade-
quate vesting provisions; second, prema-
ture termination of pension plans with-
out adequate insurance coverage to pro-
tect the employees; third, the failure of
pension plans to have suflQcient funding
to meet accrued and vested liabilities;
and, fourth, ineffective fiduciary require-
ments which threaten the safety and
preservation of fund assets.
The report of the 1971 Senate Welfare
and Pension Plan Study elaborated on
these problems. It revealed that of all
those who have worked at and then left
jobs with pension plans over the last 20
years, only about 5 percent will ever re-
ceive any benefits.
A succession of witnesses coming be-
fore the Pension Study Subcommittee —
mostly union workers in their late forties
and fifties — told of losing their pension
rights, because of plant shutdowns,
transfers, store closings, and pension
fund terminations. One witness, who had
worked for 32 years for one company,
was laid off 3 years before he was eligible
for his pension. Other workers have lost
their pensions when a company has shut
down. Perhaps the most famous case in-
volved the Studebaker Division of Stude-
baker Packard. More than 4,000 Stude-
baker workers aged 40 to 60 got only 15
percent of what the company owed them.
Other workers lost benefits when their
companies moved or when they changed
jobs.
Even when the company remains sol-
vent and stable and the worker has a
vested right to receive his pension, there
is a growing concern over the integrity of
the pension fund assets. While most
corporate pension funds are carefully
managed and conservatively invested,
misuse, manipulation, and poor manage-
ment of pension trust fimds are all too
frequent. One financially ailing company
tried to borrow over a million dollars
from a subsidiary's pension pool for use
as operating capital. Another company
has a policy of investing more than half
its pension fund's assets in the com-
pany's owTi common stock and in the real
estate of a company subsidiary. And yet
another firm routinely dips into its pen-
sion funds for cash to make acquisitions.
These manipulations point up the lack
of real controls over the investment of
pension funds. Present laws and common
law trust principles have failed to come
to grips with the problem.
The pension reform legislation being
introduced today attempts to bring or-
derly regulation to a field now fraught
with insecurity for the working man.
First, the legislation establishes within
the Department of Labor an ofiQce of
Pension and Welfare Plan Administra-
tion, to be headed by an Assistant Sec-
retary appointed by the President with
Senate advice and consent. The office
will be responsible for promotion, estab-
lishment, administration, and operation
of employee benefit plans, and enforce-
ment of the act.
Second, the legislation prescribes min-
mmm vesting requirements. Vesting re-
fers to the nonforfeitable right or in-
terest which an employee participant -ac-
quires in the pension fund representing
contributions made to such fund. These
benefit credits under the present system
may vest in the employee Immediately
although in most cases participants do
not become eligible for vesting of benefits
until a stipulated age or period of serv-
ice, or a combination of both, is attained.
The reform legislation we are propos-
ing would stipulate that an employee,
after 8 years of service, will acquire a
vested nonforfeitable right to 30 percent
of pension benefits and, thereafter, each
year will vest an additional 10 percent
until, at the end of 15 years, he will
have vested rights of 100 percent. The
past service of w^orkers of 45 or older on
the effective date of the vesting require-
ments would be recc^nlzed in computing
the Individual's vested interest.
Third, the bill establishes minimum
funding standards to assure that the
pension funds assets are sufficient to
meet Uabilities. Unfunded pension liabil-
ities must be funded over a 30-year pe-
riod. The Secretary would be empowered
to grant variances for quahfying plans
under certain circumstances.
Fourth, the legislation establishes a
voluntary program for portability
through a central fund, whereby em-
ployees of participating employers may
transfer vested credits from one em-
ployer to another.
Under the present system, pensions are
generally lost if an employee changes
jobs. Yet in this mobile society a worker
rarely stays with one company for his
entire career. By making pension rights
portable; that is, by allowing an employ-
ee to transfer his earned vested pension
rights from job to job and at the end of
his career to be able to convert all such
credits into a final benefit amount re-
flecting all of his prior service, the pri-
vate pension system would be far more
equitable.
Fifth, the bill establishes a plan ter-
mination insurance program which will
guarantee that the vested pension credits
of the employees will be paid when an
employer goes out of business and the
pension plan does not have sufficient as-
sets to pay the workers' benefit. Insur-
ance wm cover benefits earned under the
plan before the effective date and all such
benefits subsequently.
Sixth, the bill prescribes new rules of
conduct for trustees and fiduciaries con-
trolling employee benefit funds, and pro-
hibits confiicts of interest and other
unauthorized practices to prevent mis-
handling or loss of such funds.
Seventh, the bill requires additional
and more comprehensive disclosure in
reports to be filed with the Federal Gov-
ernment, and more comprehensive ex-
planations of the plans to workers.
Finally, the legislation establishes Fed-
eral jurisdiction and provides adequate
remedies to both hh& Government and
the individual worker for judicial and
administrative enforcement of the bill's
provisions, including recovery of pension
benefits due.
Last year, after this legislation was re-
ported unanimously out of the Senate
Committee on Labor and Public Welfare,
it was referred to the Senate Finance
Committee of which I am a member.
Over my strong objections, the Finance
Committee stripped this bill of its pro-
visions relating to vesting, funding, port-
ability, and plan termination insurance
and the bill never passed the Senate. I
will again oppose any effort to weaken
this legislation when it comes before the
Finance Committee.
If this crucial legislation-— theJRetire-
ment Income Security for Employees
Act — is enacted, the 93d Congress wUl
justifiably be remembered as the work-
ingman's Congress.
By Mr. MONDALE (for himself
and Mr. JAvrrs) :
S. 5. A bill to promote the public wel-
fare. Referred to the Committee on Labor
and Public Welfare.
14 5
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th*
CONGRESSIONAL RECORD — SENATE
January If, 1973
FULL OPPORTUNITY AND NATIONAL GOALS
AND PRIOEITIES ACT
\ir. MONDALE. Mr. President. I intro-
for myself and the Senator from
York (Mr. Javits) a bill, entitled
THe Full Opportunity and National
Go4ls and Priorities Act." This bill has
wide, bipartisan cosponsorship dur-
the last three Congresses. We are ask-
Dur colleagues to cosponsor the meas-
again and I hope that a number of
will join us in supporting it.
Title I of the bill stems from S. 843
I introduced almost 6 years ago
is identical to title I of S. 5, which
passed by the Senate on Septem-
10, 1970 and, again, on July 25, 1972.
n was first offered as an amend-
mei>t to the bill by the Senator from
York (Mr. Javits > and was included
itle n In the bill which the Senate
passed twice.
I of the bill establishes full social
opdortunity as a national goal. The goal
is r lore fully described in the bill as em-
bra ;ing such areas as educational and
voc itional opportunities, access to hous-
and health care, and provision of spe-
asslstance to the handicapped and
othfer less fortunate members of society,
establishes institutions and procedures
advancing this broad social goal, in-
ing a new Council of Social Advisers
he Exetrutive Office of the President.
a requirement for an armual social
repbrt to be submitted by the President
to lihe Congress.
bill is patterned generally after
Employment Act of 1946 which, for
first time, established as a national
the achievement of maximum em-
•ment, production, and purchasing
po^er. To assist in achieving that goal,
Employment Act established the
Council of Economic Advisers, provided
the annual Economic Report of the
President, and established a Joint Eco-
noiiic Committee in the Congress.
is my belief that this legislation will
accbmplish forlhe broad range of social
pol cies what the Employment Act has
doqe so well in the economic sector. By
-ing a new national objective and
mc^'easing the quantity, quality, and visi-
of information needed to pursue
sh(iuld markedly advance our prospects
effective social action.
President, by now we have had a
of studies by prestigious commis-
whlch have told us about the gap
which remains in our society between the
premise of full oppxartunity and the reali-
of deprivation, powerlessness, and
fortune into which millions of our
citizens are bom.
he increasing affluence of great seg-
me^its of our society has merely sharp-
the division between them and those
have not yet benefited from the
phenomenal growth in our economy, in
technological and scientific base, and
our educational systems. As a result,
demands of the deprived for their
fait share in the benefits of our society
ani the responsiveness of our poUtical
ins titutions have both increased dramat-
i(^ly. At the same time, however, we
.•e also become acutely aware of the
fundamental inadequacy of the informa-
tlo 1 upon which social policies and pro-
gTi ,ms are based.
Jecause of our Information gaps, na-
the
the
goal
plo'
pov
the
Coi
for
re
01
I;
tional problems go nearly unnoticed until
they suddenly are forced upon us by some
significant development. Thus, we learn
of widespread hunger in America, of the
rapid deterioration of our environment,
of dangerous tensions and imrest in our
great urban centers, of the shocking con-
ditions under which migrant farmwork-
ers live, and of the absence of decent
medical care for tens of millions of oiu:
citizens. We desperately need ways to
monitor our social health and to identify
such problems before they destroy our
society.
Another tremendously expensive con-
sequence of our lack of adequate infor-
mation is that we devise and operate pro-
grams based on myth and ignorance. The
Congress has been groping with the prob-
lem of welfare reform, but it is painfully
evident that we lack some of the basic
information which we need in order to
design a system in which we could aU
have confidence. Similar problems are
presented with respect to urban renewal,
mass transpoptation, air and water pol-
lution, and health delivery systems.
Finally, after years of experimenting
with such techniques as program plan-
ning and evaluation systems, we are still
quite ill equipped to measure what our
existing programs do accomplish. And
we have no adequate means to compare
the costs and effectiveness of alternative
programs.
A Coimcll of Social Advi^s. dedicated
to developing Indicators o^-^ur social
problems and progress, could well be a
source of enormous savings to the tax-
payer as well as of more effective solu-
tions to the problems we face. Such a
council, taking full advantage of new
developments in planning, programing,
and budgeting systems, in computerized
data collection and statistical method-
ology, in systems analysis and social
accounting, could unlock the enormous
potential of the social sciences to assist
the Congress and the executive in de-
veloping and administering public
policy.
A Council of Social Advisers would not,
itself, be a new decisionmaking forum.
Rather, as a social monitoring, data
gathering, and program evaluation
agency, it would provide the Domestic
Coimcll with much of the information
which that body needs to make its policy
and program recommendations to the
President. The Domestic Council has
available to it the broad range of eco-
nomic information now furnished by the
Coimcil of Economic Advisers. The
Council of Social Advisers would fill a
significant gap in the information sys-
tem which is needed to buttress the
policymaking apparatus established in
1970 under the President's reorganization
authority.
While title I of the bill, with its new
Council of Social Advisers and its new
social report, should greatly augment the
capacity of the Congress to make intel-
ligent policy decisions, title n of the bill
Is even more significant with respect to
strengthening the Congress.
I was delighted to cosponsor the
amendment to the bill which was offered
by the Senator from New York (Mr.
jAvrrs) In 1970 to create a new congres-
sional staff ofQce of goals and priorities
^
analysis. By now, the need for some such
additional staff arrangements in the
Congress has become abundantly clear.
This ofBce would be an arm of the
Congress serving it in its examination of
budget proposals, program costs and
effectiveness, appropriations, and na-
tional priorities.
The appropriations process is the
mechanism through which the Congress
seeks to reflect its views on budgetary
priorities. But there remains a great need
to equip Congres with the kind of man-
power, data, and technology that would
furnish it with the information neces-
sary if it is to fully examine and evaluate
appropriations measures with regard to
the relative needs of the Nation. The
oflBce would not supplant the efforts of
the Appropriations Committees to deter-
mine the Nation's expenditures. Rather,
it would further explain, coordinate and
compare the various budgetary proposals
so as to provide the overview so neces-
sary to responsible fiscal planning. The
program Information it would collect and
interpret would be made available to
other committees and individual Mem-
bers of Congress.
These services should, in concert with
the other work of the ofBce, serve to im-
prove the legislative process. Too often,
congressional procedures result in each
appropriation's being considered in a
piecemeal fashion.
In committees, on the floor, and in
conference — over a period of months —
the Government's spending priorities
take shape. Yet this is done in virtual
ignorance of total alternative budgets
by which other priorities might be ex-
pressed. Revisions and other amend-
ments are made, often on the floor of the
Senate, each of which affects a vast range
of alternatives.
Yet these alternatives are seldom
really identified. An appropriation in-
crease, for example, may be offered with,
excellent justification, but with no clear
idea of what other equally worthwhile
projects are precluded by this additional
expenditure.
C^irrently. the Congress has only one
complete, coherent budget with which to
work — that submitted by the President.
There is no reason, of course, why the
Congress should accept this budget, item
by item. The new office would, in provid-
ing Congress with hard cost-benefit and
sound, need -projection data, improve the
chances that the inevitable deletions, ad-
ditions, and other revisions of the budget
would occur as a result of informed and
considered analysis of the merits of each
budget proposal, and of how all spend-
ing decisions influence, and are influ-
enced by, the condition of the total
economy.
The Congress needs Its own office to
provide this kind of ongoing analysis and
to generate comprehensive budget alter-
natives which could be examined in a
totality. The executive branch is quite
well equipped to function in such mat-
ters. With the Domestic Council and the
OfBce of Management and Budget, and
with the extensive facilities of the Na-
tional Security Council, the Coimcil on
Environmental Quality, the Council of
Economic Advisers — and with a new
council of social advisers, the White
January 4, 1973
CONGRESSIONAL RECORD — SENATE
149
House is formidably equipped to present
a given budget and make its case.
Mesmwhile, the Congress — coequal in
policymaking, and supposedly preemi-
nent in the control over spending — has
far too little resources, even in its Appro-
priations Committees, and has na estab-
lished mechanism to help individual Sen-
ate or congressional staffs examine the
policy and program evaluations reflected
in the budget. The President said, when
announcing his proposal to estabhsh the
Domestic Coimcil and the OfQce of Man-
agement and Budget :
A President whose programs are carefully
coordinated, whose Information system keeps
him adequately Informed and whose orga-
nizational assignments are plainly set out,
can delegate authoritj- with security and
confidence.
Certainly the Congress, the branch of
Government which shares with the Ex-
ecutive the responsibility to determine
national priorities and delegate author-
ity, should be so organized and informed.
Such an oflBce in the Congress could do
much to restore the growing erosion of
congressional power and give substance
to the admittedly ill-defined contentions
about national priorities, peace and
growth dividends, and fiscal responsi-
bility.
Last year, the Congress recognized the
need to equip itself better to deal with the
overall Federal expenditure issue in a
coordinated manner. It established a
special joint committee to make recom-
mendations for improving congressional
control of budgetary outlay and receipt
totals, including procedures for eslab-
li.shing and maintaining an overall view
of each year's budgetary outlays which
is fully coordinated with an overall view
of the anticipated revenues for that year.
I hope that the joint committee will
consider title n of this measure as one
approach to meeting the need for im-
proved congressional control of expendi-
tures.
Mr. President, I have now served in the
Senate for over 8 years. Along v/ith manv
of my colleagues. I spend most of mv
time dealing with the human problems
with which the average American is con-
fronted. '
I never cease to be amazed by the
abundance of evidence about how little
we seem to know at the Federal level
about what is really going on.
As one person observed, we have a nat-
ural strategy of suboptimization at the
Federal level where we do better and bet-
ter at little things and worse and worse
at big things.
Thus, something as elementary as good
nutrition, something as essential to a
sound body and a sound mind — adequate
and decent nutrition— was something
about which the Federal Government
was almost totally ignorant in 1967. We
knew how many soybeans were grown.
We knew how much money was being
spent on the direct commodity distribu-
tion program, the food program, and so
on. But no one had the slightest idea
whether there was widespread hunger,
and if there was. where it was to be
found and why, what the cost of feeding
the hungry was, what the cost of not
feeding them was, or any of the other
fundamental questions directly related
to the issue of the most basic necessity of
American life itself. The same thing was
true with decent housing.
In 1967. even though we should have
been warned earlier, the major Ameri-
can cities began to explode in our faces.
Newark, Detroit, and one community
after another literally blew up in an
astonishing and cataclysmic explosion
causing the widespread loss of human
life, and human injury, and millions and
millions of dollars in property damage —
and an emotional and cultural shock to
Americans which we are still in the
throes of. None of this was anticipated
by the Government.
When hearings were started, this Na-
tion was thrashing around; Congress and
the Senate were thrashing around; mem-
bers of the Cabinet and leading members
of the executive branch were thrashing
around, all trying to find out what was
cau-sing such a fundamental occurrence
as this outrageous, heartbreaking phe-
nomenon in American life.
We could go on from this example to
other examples. In the federal system we
lack an institution which takes not a tac-
tical approach but a strategic approach
to human problems which this society
faces. We need to chart the social health
of this country and seek to go forward;
not, as John Gardner said, stumbling
into the future, but trying to come up
with the analysis, facts, and figures, and,
as someone, said, the "hot data" to help
us understand our society and what we
must do to make it more effective than
it is in meeting this Nation's human
problems.
One of our most impressive witnesses
was Mr. Joseph Cahfano'who formerly
served as adviser on domestic programs
to President Johnson. More than any
other man he was in the Nation's "hot
seat" trying to develop a program to ad-
vise the highest official in the land on
domestic programs.
He recounted several instances of the
phenomena to which I have made refer-
ence. For example, on one occasion, the
Secretary of Health, Education, and Wel-
fare was in conference \v1th Mr. Califano.
He was asked how many people were on
welfare, who they were, and all the rest.
Since we are spending several billions
of dollars, one would have thought that
information would be immediately at
hand. The Secretary' thought the infor-
mation would be available to him as soon
as he returned to his oflBce and that he
would send It right back. As a matter of
fact, it took HEW a year and a half to
find out who was on welfare. Mr. Cali-
fano said this was a common experience
with basic and fundamental human prob-
lems, to find that not even the President
would have available to him the basic
data necessary to make the choices upon
which our very civilization depends.
He commented in this way about the
issue of hunger:
The even more shocking element to me
is that no one in the federal government in
1965 knew how many people were hungry,
where they were located geographically, and
who they were. No one knew whether they
were chUdren, elderly Americans, pregnant
mothers, black, white, or Indian.
He continued:
Moreover, unless something of which I am
unaware has been done since Januarj' 20,
1969. I believe that we still do not know who
and where the hungry in America are with
the kind of precision essential for an intelli-
gent, effective program to feed all the hun-
gry among us.
Then Mr. Califano concluded with this
statement:
The disturbing truth Is that the basis of
recommendations by American Cabinet offi-
cer on wnether to begin, eliminate, or ex-
pand vast social programs more nearly re-
sembles the Intuitive judgment of a benevo-
lent tribal chief In remote Africa than the
elaborate sophisticated data with which the
Secretary of Defense supports a major new
weapons system. When one recognizes how
many and how costly are the honest mistakes
which have been made in the Defense De-
partment, despite Its sophisticated informa-
tion systems, it becomes frightening to think
of the mistakes which might be made on the
domestic side of our Government because of
lack of adequate data.
Since this bill was first proposed, it
has attracted strong support from a
broad spectnim of leading public figures
in the Nation. Among them have been
two former Secretaries of Health, Edu-
cation, and Welfare — John Gardner and
Wilbur Cehen. Significantly, two princi-
pal ofBciils in the Johnson administra-
tion, who had opposed the bill in 1967
as premature, have now joined in its sup-
port. These are Charles Zwick. former
Budget Director and Joseph A. Califano.
Jr., former Special Assistant to President
Johnson. Forpier Secretary- of the Treas-
ury'. Joseph Barr. has testified in favor
of the bill. Former Secretary of Labor
Willard Wirtz has also urged enactment
of the bill.
Three prominent study groups have
also made recommendations along the
lines of the bill. In October 1969, the
Behavioral and Social Sciences Survey
Committee of the National Academy of
Sciences and the Social Science Research
Council recommended the investment of
substantial Federal funds in developing
social indicators. It also proposed the
preparation of an annual social report.
initially outside the Government, and the
eventual establishment of a council of
social advisers, as a Government agency.
In December 1969, the National Com-
mission on the Causes and I»revention
of Violence, headed by Dr. Milton Eisen-
hower, issued its final report. I was
pleased to note that among its recom-
mendations were proposals for the de-
velopment of social indicatojs and for the
establishment of a counterpart to the
Council of Economic Advisers to produce
an armual social report.
Last year, the Commission on Popu-
lation Growth and the American Future
recommended approval of this legislation.
For more than 5 years now, I have been
assured repeatedly that the executive
branch favored the objectives of this
legislation. However, the promising ef-
forts of the Department of Health. Ed-
ucation, and Welfare, with the publica-
tion of "Toward A Social Report" In Jan-
uary 1969. have not been continued. Al-
most a year and a half ago. a witness
from the Office of Management and '
Budget referred to a forthcoming social
indicators report by that agency. It has
still not been received. It now appears
clear that the Congress will have to in-
i;.o
0/1
A
Kit
CONGRESSIONAL RECORD — SENATE
January k-, 1973
sij t on a more sopliisticated system for
sccial measuiement and evailuation. I
h( pe that the House will join the Senate
in this Congress in approving this
m sasure.
Mr. President, I ask unanimous con-
sent that the text of the proposed Full
Ojportunity and National Goals and
P:lorities Act be printed in the Record.
There being no objection, the bill was
oidered to be printed in the Record, as
f c Hows :
S. 5
Be it enacted by the Senate and House
Representatives of the United States of
nerica in Congress assembled, That this
may be cited as the "Full Opportunity
add National Goals and Priorities Act."
TITLE I— FULL OPPORTUNITY
DECLARATION OF POLICY
Sec. 101. In order to promote the general
w slfare, the Congress declares that it is the
continuing policy and responsibility of the
Fideral Government, consistent with the prl-
nn iry responsibilities of State and local gov-
ei nments and the private sector, to promote
and encourage such conditions as will give
ei ery American a full opportunity to Uve In
di cency and dignity, and to provide a clear
ai id precise picture of whether such condl-
tl >ns are promoted and encouraged In such
ai eas as health, education and training, re-
h ibilltatlon, housing, vocational opportuni-
t! !s. the arts and humanities, and special
aislstance for the mentally HI and retarded,
tie deprived, the abandoned, and the criml-
n il. and by measuring progress in meeting
such needs.
SOCIAL REPORT OF THE PRESIDENT
Sec. 102. (a) The President shall transmit
t< the Congress not later than February 15
o: each year a report to be known as the
8< cial report, setting forth (1) the overall
p 'Ogress and effectiveness of Federal efforts
d JSlgned to carry out the policy declared In
s< ctlon 101 with particular emphasis upon
tlte manner In which such efforts serve to
n eet national social needs in such areas as
h;alth, education and training, rehabilita-
tion, housing, vocational opportunities, the
ats and humanities, and special assistance
f(ir the mentally 111 and retarded, the de-
prfved. the abandoned, and the criminal;
(!) a revleV of State, local, and private
e forts designed to create the conditions
s )eciaed In section 101; (3) current and fore-
seeable needs In the areas sen-ed by such
e forts and the progress of developnient of
plans to meet such needs; and (4) programs
a ad policies for carrying out the pollcv de-
c ared In section 101, together with "such
r ^commendations for legislation as he may
d eem necessary or desirable.
lb) The President may transmit from time
t ) time to the Congress reports supplemen-
tiry to the social report, each of which shall
1 iclude such supplementary or revised rec-
ommendations as he may deem necessary or
desirable to achieve the policy declared in
sjctlon 101.
(c) The social report, and all supplemen-
tary reports transmitted under subsection
(b) of this section, shall, when transmitted
t } Congress, be referred to the Committee on
I abor and Public Welfare of the Senate and
t he Committees on Education and Labor and
Interstate and Foreign Commerce of the
Itouse of Representatives. Nothing In this
s absectlon shall be construed to prohibit the
c onslderatlon of the report by any other com-
I ilttee of the Senate or the Hoiase of Repre-
s jntatlves with respect to any matter within
t he Jurisdiction of any such committee.
C OTTNCIL or SOCIAL ADVISERS TO THE PRESIDKNT
Sec. 103. (a) There is created In the Ex-
e cutive OfHce of the President a Council tf
J octal Advisers (hereinafter called the Coun-
< 11 ) . The Council shall be composed of three
members who shall be appointed by the
President, by and with the advice and con-
sent of the Senate, and each of whom shall
be a person who. as a result of his training,
experience, and attainments. Is exceptionally
qualified to appraise programs and activities
of the Government In the light of the policy
declared In section 101, and to formulate and
recommend programs to carry out such pol-
icy. Each member of the Council, other than
the Chairman, shall receive compensation at
the rate prescribed for level IV of the Exec-
utive Schedule by section 5315 of title 5 of-
the tJnlted States Code. The President shall
designate one of the members of the Coun-
cil as Chairman who shall receive compensa-
tion at the rate prescrllied for level II of such
schedule.
(b) The Chairman of the Council Is au-
thorized to employ, and fix the compensation
of such specialists and other experts as may
be necessary for the carrying out of Its func-
tions under this Act. without regard to the
provisions of chapter 51 and subchapter in of
chapter 53 of^uch title 5, United States
Code, governing appointments In the com-
petitive service, and without regard to the
provisions of relating to classification and
General Schedule pay rates, and is authorized,
subject to such provisions, to employ such
other officers and employes as may be neces-
sary for carrying out Its functions under this
Act, and fix their compensation In accord-
ance with the provisions of such chapter 51
and subchapter III of chapter 53.
(c) It shall be the duty and function of
the Council — .
(1) to assist and advise the President in
the preparation of the social report;
(2) to gather timely and authoritative in-
formation and statistical data concerning
developments and programs designed to
carry out the policy declared in section 101,
both current and prospective, and to develop
a series of social indicators to analyze and
Interpret such Information and data In the
light of the policy declared In section 101
and to compile and submit to the President
studies relating to such developments and
programs;
(3) to appraise the varloTxs programs and
activities of the Federal Government In the
light of the policy declared In section 101
of this Act for the purpose of determining
the extent to which such programs and ac-
tivities contribute to the achievement of
such policy, and to make recommendations
to the President with respect thereto;
(4) to develop priorities for programs de-
signed to carry out the policy declared In
section 101 and recommend to the President
the most efficient way to allocate Federal
, resources and the level of government — Fed-
»teral. State, or local — best suited to carry out
*such programs;
(5) to make and furnish such studies, re-
ports thereon, and recommendations with
respect to programs, activities, and leglsla-
■ tlon to carry out the policy declared In sec-
• tlon 101 as the President may request.
(6) to make and furnish such studies, re-
ports thereon, and recommendations with
respect to programs, activities and legisla-
tion as the President may request In ap-
praising long-range aspects of social policy
• and programing consistent with the policy
declared In section 101.
(d) Recognizing the predominance of State
and local governments In the social area,
the President shall, when appropriate, pro-
vide for the dissemination to such States
and localities of Information or data de-
veloped by the Council pursuant to subsec-
tion (c) of this section.
(e) The Council shall make an annual re-
port to the President in January of each
year.
(f> In exercising Its powers, functions,
and duties under this Act —
(1) the Council may constitute such ad-
visory committees and may consult with
such representatives of Industry, agricul-
ture, labor, consumers. State and local gov-
ernments, and other groups, organizations,
and Individuals as It deems advisable to In-
sure the direct participation in the Coun-
cil's planning of such interested parties^
(2) the Council shall, to the fullest extent
possible, use the services, facilities, and In-
formation (Including statistical informa-
tion) of Federal, State, and local government
agencies as well as of private research agen-
cies. In order that duplication of effort and
expense may be avoided;
(3) the Council shall, to the fullest extent
possible. Insure that the individual's right to
privacy Is nof Infringed by its activities; and
(4) (A) the Council may enter Into essen-
tial contractual relationships with educa-
tional institutions, private research organiza-
tions, and other organizations as needed; and
(B) any reports, studies, or analyses result-
ing from such contractual relationships shall
be made available to any person for pur-
poses of study.
(g) To enable the Council to exercise its
powers, functions, and duties under this Act,
there are authorized to be appropriated (ex-
cept for the salaries of the members and offi-
cers and employees of the Council) such
sums as may be necessary. For the salaries of
the members and salaries of officers and em-
ployees of the Council, there is authorized to
be appropriated not exceeding $900,000 in the
aggregate for each fiscal year.
TITLE II— NATIONAL GOALS AND
PRIORI-nES
DECLARATION OF PURPOSES
Sec 201. The Congress finds and declares
that there is a need for a more explicit and
rational formulation of national goals and
priorities, and that the Congress needs more
detailed and current budget data and eco-
nomic analysis in order to make Informed
priority decisions among alternative pro-
grams and courses of action. In order to meet
these needs and establish a framework of na-
tional priorities within which individual de-
cisions can be made In a consistent and con-
sidered manner, and to stimulate an Informed
awareness and discussion of national priori-
ties, it Is hereby declared to be the intent of
Congress to establish an office within the
Congress which will conduct a continuing
analysis of national goals and priorities and
will provide the Congress with the Informa-
tion, data, and analysis necessary for enlight-
ened priority decisions.
ESTABLISHMENT
Sec 202. (a) There is established an Office
of Goals and Priorities Analysis (hereafter re-
ferred to as the "Office") which shall be
within the Congress.
(b) There shall be in the Office a Director
of Goals and Priorities Analysis (hereafter re-
ferred to as the "Director") and an Assistant
Director of Goals and Priorities Analysis
(hereafter referred to as the "Assista:it Di-
rector" ) , each of whom shall be appointed
Jointly by the majority leader of the Senate
and the Speaker of the House of Representa-
tives and confirmed by a majority vote of
each House. The Office shall be under the
control and supervision of the Director, and
shall have a seal adopted by him. The As-
sistant Director shall perform such duties as
may be assigned to htm by the Director, and,
during the absence or incapacity of the Di-
rector, or during a vacancy In that office,
shall act as the Director. The Director shall
designate an employee of the Office to act as
Director during the absence or Incapacity of
the Director and the Assistant Director, or
during a vacancy in both such offices.
(c) The annual compensatio of the Di-
rector shall be equal to the anual compen-
sation of the Comptroller General of the
United States. The annual compensation of
the Assistant Director shall be equal to that
of the Assistant Comptroller General of the
United States.
(d) The terms of office of the Director and
the Assistant Director first appointed shall
expire on January 31, 1977. The terms of of-
fice of Directors and Assistant Directors ap-
Janiiarij 4, 1973
CONGRESSIONAL RECORD — SENATE
151
■ f
pointed shall expire In January 31 every four
years thereafter. Except in the case of his re-
moval under the provisions of subsection (e) ,
a Director or Assistant Director may serve
until his successor is appointed.
(e) The Director or Assistant Director may
be removed at any time by a resolution of the
Senate or the Ho\ise of Representatives. A
vacancy occurring during the term of the
Director or Assistant Director shall be filled
by appointment as provided In this section.
(f) The professional staff members. In-
cluding the Director and Assistant Director,
shall be persons selected without regard to
political affiliations who, as a result of train-
ing, experience, and attainments, are excep-
tionally qualified to analyze and Interpret
policies and programs.
FUNCTIONS
Sec 203. (a) The Office shall make such
studies as It deems necessary to carry out the
purposes of section 201. Primary emphasis
shall be given to supplying such analysis as
will be most useful to the Congress in vot-
ing on the measures and appropriations
which come before it, and on providing the
framework and overview of priority consid-
erations within which a meaningful consid-
eration of Individual measures can be under-
taken.
(b) The Office shall submit to the Con-
gress on March 1 of each year a national
goals and priorities report and copies of
such report shall be furnished to the Com-
mittee on Apropriatlons of the Senate and of
the House of Representatives, the Joint Eco-
nomic Committee, and other Interested com-
mittees. The report shall Include, but not
be limited to —
(1) an analysis, in terms of national eoals
and priorities, of the programs in the annual
budget submitted by the President, the Eco-
nomic Report of the President, and the Social
Report of the President;
(2) an examination of resources available
to the Nation, the foreseeable costs and ex-
pected benefits of existing and proposed
Federal programs, and the resources and cost
implications of alternative sets of national
priorities; and
(3) recommendations concerning spending
priorities among Federal programs and
courses of action, including the Identifica-
tion of those programs and courses of action
which should be given greatest priority and
those which could more properly be deferred.
(c) In addition to the national goals and
priorities report and other reports and stud-
ies which the Office submits to the Congress,
the Office shall provide upon request to any
Member of the Congress further information,
data, or analysis relevant to an Informed
determination of national goals and priori-
ties.
POWERS OF THE OFFICE
Sec 204. (a) In the performance of its
functions under this title, the Office is
authorized —
(1) to make, promulgate. Issue, rescind,
and amend rules and regulations governing
the manner of the operations of the Office:
(2) to employ and fix the compensation of
such employees, and purchase or otherwise
acquire such furniture, office equipment,
books, stationery, and other supplies, as may
be necessary for the proper performance of
the duties of the Office and as may be appro-
priated for by the Congress;
(3) to obtain the services of experts and
consultants, In accordance with the provi-
sions of section 3109 of title 5, United States
CX)de; and
(4) to use the United States malls in the
same manner and upon the same conditions
as other departments and agencies of the
United States.
fb)(i) Each department, agency, and in-
strumentality of the executive branch of the
Government, Including independent agencies.
Is authorized and directed, to the extent
permitted by law, to furnish to the Office.
upon request made by the Director, such
information as the Director considers neces-
sary to carry out the functions of the Office.
(2) Tffe Comptroller General of the United
States shall furnish to the Director copies of
analyses of expenditures prepared by the
General Accounting Office with respect to
any department or agency In the executive
branch.
(3) The Office of Management and Budget
shall furnish to the Director copies of special
analytic studies, progreon and financial plans,
and such other reports of a similar nature
as may be required under the plannlng-pro-
graming-budgetlng system, or any other law.
(c) Section 2107 of title 5, United States
Code, is amended by —
(1) striking out the "and" at the end of
paragraph (7) ;
(2) striking the period at the end of para-
graph (8) and inserting in lieu thereof a
semicolon and the word "and"; and
(3) adding at the end thereof the follow-
ing new paragraph:
"(9) the Director, Assistant Director, and
employees of the Office of Goals and Priorities
Analysis.".
JOINT ECONOMICS COMMITTEE HEARINGS
Sec 205. The Joint Economic Committee
of the Congress shall hold hearings on the
national goals and priorities report and on
such other reports and duties of the Office
as it deems advisable.
PAYMENT OF EXPENSES
Sec 206. All expenses and salaries of the
Office shall be paid by the Secretary of the
Senate from funds appropriated for the Office
upon vouchers signed by the Director or. In
the event of a vacancy in that Office, the
Acting Director.
Mr. JAVITS. Mr. President, I am
pleased to join the Senator from Min-
nesota I Mr. MoNDALE> in reintroduction
of S. 5, the "Full Opportunity and Na-
tional Goals and Priorities Act." Tliis act
has been passed by the Senate on two oc-
casions, most recently on July 25, 1972
by a vote of 51 to 40, but unfortunately
action has not been taken by the other
body.
This bill consists of two principal
parts: title I, authored by Senator Mon-
DALE, would establish a Council of Social
Advisers in the Executive OflBce of the
President, with a requirement for an an-
nual "Social Report" by the President to
the Congress.
In essence, title I would create a proce-
dure to deal with our social problems,
parallel to that which exists in the eco-
nomic field in the form of the Council of
Economic Advisers. As the ranking mi-
nority member of the Committee on
Labor and Public Welfare, I have seen
very clearly where the Council of Eco-
nomic Advisers falls short. The fact is
that they are magnilicient on the whole.
We have had much fine experience with
them on the Nation's economy but they
tie into the country's social responsibil-
ities only insofar as it bears on the econ-
omy.
We need quite clearly to have a similar
focus on the crucial matters of oiu* social
needs.
Title II, which I authored, would estab-
lish within the Congress an Office of
Goals and Priorities Analysis. The Direc-
tor and Assistant Director of the Office
are to be appointed jointly by the major-
ity leader in the Senate and the Speaker
of the House. Drawing from the social
data and program evaluations generated
by the Council of. Social Advisers and
other sources, the Office of Goals and
Priorities Analysis would submit an an-
nual report to the Congress setting forth
goals and priorities in the general con-
text of needs, costs, available resources,
and program effectiveness. It would also
provide informatoon to members of the
Congress on an ongoing basis.
At a time when the ability of Congress
to carry out its responsibilities even in its
own domain of power over the purse has
been challenged, it is essential that those
of us who serve in the public trust have
at our disposal more adequate means of
making enlightened priority decisions.
Of course, the appropriations process
is the vital mechanism through which the
Congress seeks to reflect its views on
budgetary priorities. But there remains a
great need to equip Congress with the
kind of manpower, data and technology
that would furnish it with the informa-
tion necessary if it is to fully examine
and evaluate each appropriations meas-
ure, separately and — perhaps most cin-
cially — in view of all other appropria-
tions measures, with regard to the rela-
tive needs of the Nation. The office pro-
posed in title II would not supplant the
efforts of the Appropriations Committees
to determine the Nation's expenditures.
Rather, it would further explain, coor-
dinate and compare the various budg-
etary proposals so as to provide the over-
view so necessary to responsible fiscal
planning. The program information
it would collect and interpret would be
made available to other committees and
Individual Members of Congress.
The Congress needs such an institution
in order to attempt to redress the im-
balance that exists in the information
available to the legislative, as opposed to
the executive branch, in the essential
matter of expenditures.
Mr. President, since the Senate's adop-
tion of S. 5, Public Law 92-599. the debt
ceiling bill, has established a Joint Com-
mittee to Review Operation of Budget
Ceilings and to Recommend Procedures
for Improving Congressional Control
over Budgets. Under that authority, the
joint committee is required to report the
results of its study and review to the
Congress no later than February 15, 1973.
As we proceed to consider S. 5, we will
want to have the benefit of the recom-
mendations of the joint committee in
moving toward the establishment of an
office along the lines that are provided
under title II.
By Mr. WILLIAMS 'for himself.
Mr. Magnttson, Mr. Randolph,
Mr. Pell, Mr. Stevenson, Mr.
MoNDALE, Mr. Hughes, Mr. Staf-
ford. Mr. Javits. Mr. Brooke,
Mr. ScHVVEiKER, Mr. Humphrey,
Mr, Bentsen, Mr. McGee, Mr.
• Moss, Mr. Stevens. Mr. Hart.
Mr. Chiles. Mr. Bible. Mr. Pas-
tore. Mr. Cannon. Mr. Hol-
lings. Mr. TuNNEY, and Mr.
Kennedy) :
S. 6. A bill to provide financial assist-
ance to the States for improved educa-
tional services for handfcapped children.
Referred to the Committee on Labor and
Public Welfare.
THE EDUCATION FOR ALL HANDICAPPED CHILDREN
ACT
Mr. WILLIAMS. Mr. President. I am
introducing a bill entitled "The Educa-
io2
CONGRESSIONAL RECORD — SENATE
January 4, 1973
ion for All Handicapped Children Act"
or myself and others. On August 1, 1972,
n the District of Columbia U.S. District
:ourt Judge Joseph C. Waddy handed
lowti a landmark decision on the right
0 education of handicapped children. In
;hat decision Judge Waddy declared that
landlcapped and emotionally disturbed
;hildreil have a constitutional right to a
Dubllc education, and ordered the Dis-
;rict of Columbia to make available to
ill handicapped children within the Dis-
;rict appropriate education services.
Judge Waddy's opinion encompassed all
;hildren within the District of Columbia
;xc'uded from public schools, and ear-
ned the full weight of a U.S. District
I^ourt. His decision is the most sweeping
3f cases which extend the right to educa-
:ion for handicapped children; an earlier
ronsent decree in the State of Pennsyl-
yrania ordered the State to provide edu-
:ation and full due process to all mental-
y retarded children.
These decisions do not stand alone. In
;he last year 22 cases in 16 States were
filed or completed on the right to edu-
cation for handicapped children. In at
east four more Stati cases are pres-
ently being prepared, and this trend will
andoubtedly continu^
One of the most recent cases. Benja-
min Harrison against the State of Michi-
gan, the judge dismissed the complaints
Df the plaintiffs arguing that there was
1 State law which insures the ri°:ht of all
liandicapped children to a free public
education by September of 1973. and that
ruling on the case would cast too early
1 judgment on the State's compliance.
But the important point in the judge's
argument is this: he indicated that he
R'ould have no hesitation in ruling on the
rights of the plaintiffs if the State law
iid not exist, that handicapped children
nave a constitutional right to a free pub-
ic education and that the State must
provide that education.
This case raises a point which is im-
portant for us here today. The public
education system in this Nation is one of
the strongholds of this democracy, and
las been in existence for over a cen-
;iiry. As a route to knowledge, as the de-
ivery system for the development of
skills to be used in jobs and other op-
portunities later in life, the public edu-
:ation system plays a role unsurpassed
Dy any other institution in our society.
Yet the simple facts are that this sys-
tem has not provided a free public edu-
cation to all children, nor has It been sub-
tle in its exclusion. Most statutes v.hich
declare that it is the policy to provide
El free public education have an exclu-
sionary clause which exempts handi-
capped children. Whether or not this
exemption In the past has been for good
reason, its results are patently clear: It
implies that handicapped children can-
not be educated. Most importantly, it
has denied thousands of handicapped
children their right to an education, and
resulted in a situation of separate but
unequal treatment. And the courts have
begun to make clear that this is uncon-
stitutional discrimination and Its effects
must be remedied.
Presently, there are 7 milli'^n handi-
capped children in the Unit^'d States.
Close to 60 percent of these children are
denied the educational programs they
need to have full equality of opportunity.
One million of these children have been
excluded entirely from public schools,
and will not go through the educational
process with their peers. For most of
thes^ children educational services are
*«Hlethlng they will receive only through
the perseverance and sacrifice, at pro-
hibitive cost, of their parents. The educa-
tion that they are likely to receive will
in no way prepare them for a life of in-
dependence, and in most cases their ex-
posure to learning opportunities will be
so irregular that it may have been better
not to have made the effort at all.
It is inaccurate to suggest that there
has been no action taken by the States
to correct this horrifying disparity. In
1971 alone, some 799 bills were intro-
duced in State legislatures which sought
to provide educational services for handi-
capped children, and 237 of these bills
were passed. States have increased their
commitment to this education and have
sought to improve programing for handi-
capped children. Yet, despite these laud-
able efforts we continue to operate on an
outmoded philosophy of charitable
deeds: of doing for handicapped chil-
dren out of the goodness of our hearts
rather than in recognition of their rights
as members of this society. As a result of
this attitude, only 40 percent of the
handicapped children in the United
States receive appropriate education
suited to their needs, and this education
varies greatly within the 50 States, and
within particular disability groups.
In the 1971-72 school year, there were
seven States where less than 20 percent
of the population of handicapped chil-
dren were provided educational services.
In 19 States, 31 percent or less of the
population was served. Only 17 States
served more than 50 percent of all handi-
capped children. If we examine this data
by disability group, we find the dispari-
ties more discouraging. In 1971: 57 per-
cent of all trainable mentally retarded
children: 52 percent of all speech im-
paired children; 14 percent of all hard of
hearing children; 13 percent of all seri-
ously emotionally disturbed children; 45
percent of all deaf children; 35 percent
of all crippled or orthopedically handi-
capped children ; 2 percent of all children
with other health impairments; and 26
percent of all children with multiple
handicaps received an education. These
figures are national figures; figures are
lower by disability for particular States.
For example, in 30 States, less than 11
percent of all emotionally disturbed chil-
dren are provided educational services.
It is impossible to justify these figures.
Our charitable attitude toward the edu-
cation of handicapped children would be
rejected flatly if we were talking about
any other group of children. The excuses
that: "We do not have enough money,"
"we are extending our program so that
we will be able to serve all children by,"
"we cannot cut into, services we are pro-
viding to other children," and "there have
been improvements in the last few years,
and, if you just give us time" are clearly
discriminatory.
The blunt truth behind these words is
that too many of us are willing to con-
demn an entire generation of handi-
capped children to a life with no hope
and no help. It is time for us to face up
to the truth of this statement, to change
our attitudes, to rid ourselves of the old
myths and to begin dealing with reali-
ties. Handicapped children are children.
They have the same rights as any other
child to hope, to learn, and to be free.
They happen to have disabilities that re-
quire certain kinds of treatment in
order to be free. But in the final analysis
they are children. We should be provid-
ing that treatment so that they can over-
come their disabilities. And we should be
providing them with services that will
enable them to deal effectively with their
living environment.
Adequate education services for the
handicapped are available in certain
schools and in certain classrooms
throughout the United States. What is
perhaps the most depressing, however, is
that in the same city, even in the same
school, you can observe classrooms in
which it is obvious that the children are
learning, that their disabilities are being
treated, and that they are receiving edu-
cation and training which will enable
them to leave the school and go out into
society more independently.
Yet, only a few blocks away, indeed,
even a few classrooms away, the situa-
tion is the reverse. It would be perhaps
a little easier to accept our failure to
provide for these children if these con-
trasts were not so obvious and if so much
could not be done. It also makes clear
that the age-old arguments that our
schools and institutions are not pres-
ently equipped to deal appropriately with
handicapped children has no basis in
fact. The schools and institutions can be
changed and they must be changed. The
courts are not listening to arguments of
"convenience," and it is time that our
public laws caught up with the courts.
Mr. President, we have made signifi-
cant improvements in the education of
handicapped children in the past few
years, but these Improvements are not
enough. We have Increased Federal as-
sistance to the States for these purposes
from $45 million 5 years ago to $215 mil-
lion in the past fiscal year. But this has
been token expenditure. Nowhere in our
public law, in our public philosophy or
In our budget figures do we find recogni-
tion for the right of all handicapped
children to a free public education. It
has been the courts who have forced us to
this realization that we can delay no
longer in making such a commitment.
The recent cases in Pennsylvania,
Michigan, and the District of Columbia
have made it absolutely clear that. If the
States have In fact provided for the edu-
cation of all children, they must provide
an education for handicapped children.
Those courts have ruled that it is up to
the State to find the resources and the
way to Implement this challenge.
Mr. President, last May Senators Mag-
NusoN, Randolph, and I introduced a bill
which recognized that the Federal Gov-
ernment has a responsibility in this area
which Is no less than that of the States.
This bill. S. 3614, provided a basic Fed-
eral commitment to assist the States and
localities in providing a free and appro-
priate education for all handicapped
children. By the time the Congress had
adjourned, we were joined on this bill
January If, 1973
CONGRESSIONAL RECORD — SENATE
153
by 20 cosponsors, and received strong
support from throughout the United
States In favor of this bill. We are rein-
troducing this bill today on behalf of
ourselves and other Senators, as a com-
mitment to all handicapped children and
their parents in the United States that
their rights to a free and appropriate
public education Is recognized by the
Congress.
Through this bill we recognize the re-
sponsibility of the States in this area.
But in recognizing this responsibility
we also are making a commitment to
the States to assist them in providin£?
this education. Under the bill, the Fed-
eral Goverrmient will underwrite 75
percent of the excess cost required in
educating a handicapped child. This
amount will be determined on the basis
of the aggregate current expenditures
for the education of handicapped chil-
dren within the State divided by the
number of handicapped children to
whom the States are providing a free
and appropriate education. The differ-
ence between this amount and the
amount spent on a nonhandicapped child
will be the State's excess cost. Thus, if
the State is currently educating a handi-
capped child at a cost of $1,800, $1,000 of
which Is excess cost in a fiscal year, this
bill would pay to that State $750. If in
the following fiscal year, the State pro-
vides an education for two handicapped
children at an excess cost of $1,000 per
child, the bill would pay to the State
$1,500. The State would be required to
continue its full expenditure on both
those children, but the bill would pay to
the State $1,500 in order to extend its
services to other handicapped children.
The State however must guarantee that
it will provide a free appropriate public
education to all handicapped children
by 1976.
In recognizing that the States have
a responsibility to provide an education
for handicapped children, the bill ex-
tends its commitment beyond the provi-
sion of financial assistance to the State
to protection of the rights of handi-
capped children and their parents. I look
on these provisions as key to providing a
mechanism of oversight and account-
ability of the educational system. Too
many cases have been brought to my
attention where children have been im-
properly tested, excluded from schools,
and improperly labelled. The result of
this conduct has been great emotional
hardship for the parents and children
and requires the greatest of perseverance
on the part of the parents to see that
their children receive services appropri-
ate to their special disability.
The costs of these mistakes are Im-
posed fully on the child, and only some-
what less directly on the Public Treasury
which has undertaken to provide appro-
priate services. I believe that we must al-
low discretion to the States and the
localities in providing services in the wav
they deem fit. But I also believe that we
must be sure that the services which we
are paying for are appropriate to the
needs of each child, and will provide that
child with the bes^ services that current
knowledge can envision.
This bill therefore contemplates that
the school system will set down its
evaluation of the child in writing, the
goals and objectives of educational serv-
ices, the services to be provided, and the
estimated time frame for reaching these
goals and objectives. As a companion
provision, the bill as a condition of
eligibility for assistance requires the
States to establish well-defined due proc-
ess procedures If the school system con-
templates a change in educational place-
ment for the child and if the parents
or guardian objects to such a change.
These requirements are nothing more
than what is required if we are to imple-
ment the guarantees of the 14th amend-
ment. They are nothing more than what
our educational system ought to be pro-
viding right now, and what many are
providing in an informal way. They are
nothing more than what the courts have
ordered the schools system to provide.
And they are nothing less than what we
should want for our children.
The education that this bill can make
possible is going to cost money. It is hard
to argue to the States that the Federal
Government is serious about full educa-
tional opportunity when we are not will-
ing to invest funds to make this goal a
reality. If we are going to make a real
commitment to free an appropriate edu-
cation, and expect the States to carry
through on this commitment, we will
have to be willing to undertake the nec-
essary expense. One study of education
programs in five States in which have
exemplary programs has indicated that
the education of a handicapped child
will cost on an average of 1.87 times as
much as the education of a chifd who is
not handicapped. At the very least this
means that it will cost from $400 to $800
more for education if the child is handi-
capped. That study, done by Richard
Rossmiller for the Bureau of Education
for the Handicapped, estimated that the
total cost of this education will be at
least an additional $3 billion to State and
local governments. That figure is a full
60 percent of all funds provided to the
States last year under general revenue
sharing.
If you consider the many other press-
ing fiscal needs within the States, and
the constraints placed on the use of the
revenue-sharing dollar for the area of
education, it is clear that substantial
Federal assistance to the States for the
education of handicapped children is
needed. That assistance is forthcoming
in the bill I am introducing. Under this
bill, estimated first year assistance will
be in the neighborhood of $1.7 billion.
Yet, this expense is minimal compared
to what it has cost this society to deny
appropriate services and maintain hand-
icapped children at a level which is far
less than their potential. We must re-
member that these are children whose
needs can be met. and who can be freed
from the nuisances that are their dis-
abilities. They are children who will go
through the same pains and sufferings
of growing up, as do your children and
mine. Yet, the answers they often re-
ceive are not answers that we would give
to our own children. They are not an-
swers which our own children would ac-
cept, nor are they answers of which we
can be proud in this Nation today. I be-
lieve that this bill provides a long needed
answer to those questions. That answer
must be that all children have the right
to an education which meets their needs.
Mr. President, I ask unanimous con-
sent that the text of the bill and a table
explaining what this bill will mean to
the States be printed following my re-
marks.
There being no objection the bill and
table were ordered to be printed as fol-
lows:
S. 6
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That this
Act may be cited as the "Education for All
Handicapped Children Act."
STATEMENT OF PURPOSE
Sec. 2. (a) The Congress finds that
(1) there are more than seven million
handicapped children In the United States
today;
(2) close to 60 percent of these children do
not receive appropriate educational services
which would enable them tahave full equal-
ity of opporttmlty:
(3) one million of these children are ex-
cluded entirely from the public school sys-
tem and will not go through the educational
process with their peers;
(4) the States have a responslblUty to pro-
vide this education for all handicapped chil-
dren; but are operating under Increasingly
constrained fiscal resources; therefore
(b) It Is the purpose of this Act to Insure
that all handicapped children have avail-
able to them not later than ig;Zfi a free appro-
priate public education, ^9''lns\lre that the
rights of handicapped children and their par-
ents or guardian are protected, to relieve the
fiscal burden placed upon the States and
localities when they provide for the educa-
tion of all handicapped* children, and to
assess the effectiveness of efforts to educate
handicapped children.
DEFINmONS
Sec. 3. As used In this Act —
(1) the term "handicapped children"
means mentally retarded, hard-of-hearlng,
deaf, speech Impaired, visually handicapped,
seriously emotionally disturbed, crippled, or
other health-impaired chUdren, or children
with specific learning dlsabUltles who by
reason thereof require special education,
training and related services;
(2) the term "Commissioner" means the
Commissioner of Education;
(3) the term "per pupU expenditure for
handicapped chUdren" means, for any State,
the aggregate current expenditure during
the fiscal year preceding the fiscal year for
which the computation is made, of all local
educational agencies in that State, plus any
direct current expenditure by the State for
the operation of any such agency for handi-
capped children, and the additional cost to
the State or local educational agencies
within that State for the provision of edu-
cation to h.andlcapped children In homes.
Institutions, and other agencies other than
public elementary and secondary schools,
divided by the aggregate number of handi-
capped ChUdren In attendance daUy to whom
such agency has provided free appropriate
public education, and such expenditure shall
not Include any financial assistance received
under the Education of the Handicapped Act
the Elementary and Secondary Education
Act of 1965, or any other Federal financial
assistance;
(4) the term "per pupil expenditure for
all other children" means, for any State, the
aggregate current expenditure during the
fiscal year preceding the fiscal year for which
the computation Is made, of all local educa-
tional agencies In that State, plus any direct
current expenditure by the State for opera-
tion of any such agency for all other chUdren
not Included In the determination made
under paragraph (6) of this section, divided
by the aggregate number of all other chU-
154
education,
Inc
urn
tlo
cUl
ca;
latid
elepieniary.
In
In
ter
(6t
sev i
Anjerlcan
Tr
mefens
ag<
Sti t
sec ondary
officer
mt ans
I ec
n;
ul;
Je;
CONGRESSIONAL RECORD — SEN ATE
January U, 1973
dreh In attendance daUy to whom such
ageacy has provided free appropriate public
and such expenditure shall not
ude ar.y financial assistance received
un4er the Elementary and Secondary Educa-
Act of 1965. or any other Federal finan-
asslstance;
) the term "free appropriate public edu-
on" means education, training and re-
servlces which shall be provided at
pufcUc expense, under public super\'lslon and
direction and without charge, meeting the
rds of the State educational agency,
whjch shall provide an appropriate preschool,
or secondary school education
he applicable State and which is provided
:onformance with an Individualized writ-
program.
» the term "State" means each of the
ral States, the District of Columbia, the
Co^nmonwealth of Puerto Rico, Guam,
Samoa, the Virgin Islands, and the
ist Territory of the Pacific Islands;
7) the term "State educational agency"
the State board of education or other
ncy or officer primarily responsible for the
e supervision of public elementary and
schools, or. if there Is no such
or agency, an officer or agency desig-
ed by the Governor or by State law;
8 1 the term "local educational agency"
a public board of education or other
pujDllc authority legally constituted within
tate for either administrative control or
ction of, or to perform a service function
public elementary or secondary schools In
Ity. cotinty. township, school district, or
1 ler political subdivision of a State, or such
blnation of school districts or counties as
recognized in a State as an admiaistra-
agency for its public elementary or sec-
schocls. and such term also includes
,• other p'.iblic institution or agency hav-
; administrative control and direction of
ublic elementary or secondary school; and
9) The term "individualized written pro-
means a written educational plan for
:hild developed and agreed upon Jointly
the local educational agency, the parents
guardians of the child and the child when
apbroprlate, which Includes (A) a state-
nt of the child's present levels of educa-
nal performance. (B) a statement of the
ic-range goals for the education of the
and the Intermediate objectives re-
ed to the attainment of such goals, (C)
tatement of the specific educational serv-
to be provided to such child, (D) the
prbjected date for initiation and anticipated
di ration of such services, and (E) objective
criteria and evaluation procedures and sched-
for determining whether Intermediate ob-
tives are being achieved.
AUTHORIZATION
Sec. 4. fa) The Commissioner Is authorized
tc make grants pursuant to this Act for the
purpose of assisting the States in providing
a 'ree appropriate public education for hand-
le ipped children at the preschool, elementary
aijd secondary school levels.
(b) There are authorized to be appropri-
ated for the fiscal years beglnnng July 1,
li 73. and endng June 30. 1977. such sums
&i may be necessary for carryng out the pur-
p )8es of this Act.
BASIC GRANTS AMOCTNT AND ENTITLEMENT
Sec. 5. (a) (1) Prom the sums appropriated
pursuant to section 4 of this Act for each
fl ical year each State is entitled to an amount
wtiich is equal to the amount by which the
p ;r pupil expenditure for handicapped chll-
d 'en. aged three to twenty-one years. Inclu-
sive, exceeds the per pupil expenditure for
1 other children, aged five to seventeen
ykars. Inclusive, in the public elementary and
SI condary schools In that State, multiplied by
t: le Federal share specified In section 8(a)(2)
fur each handicapped chUd for which the
Siate Is providing free appropriate public
elucatlon during the current fiscal year.
a
dl
toi
a
ot
coin
an
tl\e
onpary
a
In
a 1
grf m
a
or
tl<
lo
clllld.
la'
a
lets
Funds so allotted shall be used by the State
to Initiate, expand and Improve educational
services for handicapped children In con-
formance with a State plan.
(2) The per pupil expenditure for handi-
capped children, aged three to twenty-one
years. Inclusive, and the per pupil expendi-
ture for all other children, aged five to seven-
teen vears. Inclusive. In any State shall be
determined by the Commissioner on the
basis of the most recent data available to
him.
(b) The portion of any State's entitlement
under subsection (a) for a fiscal year which
the Commissioner determines will not be
required, for the period such entitlement Is
available, for carrying out the purposes of
this Act shall be avaUable for reallotment
from time to time, on such dates during
such period as the Commissioner may fix, to
other States in proportion to the original
entitlements to such States under subsection
(a) for such year, but with such proportion-
ate amovmt for any of such other States
being reduced to the extent It exceeds the
sum which the Conmilssloner estimates such
State needs and will be able to use for such
period for carrying out such portioij, of Its
State plan approved under this Act, and the
total of such reductions shall be shnUarly re-
allotted among the States whose proportion-
ate amounts are not so reduced. Any amount
reallotted to a State under this subsection
during a year shall be deemed part of Its
entitlement under subsection (b) for such
vear.
ELICIBILITT
Sec. 6(a). In order to qualify for assist-
ance under this Act in any fiscal year, a
State shall demonstrate to the Commissioner
that the following conditions are met.
(DA State has in effect a policy that as-
sures all handicapped children the right to a
free appropriate public education.
(2) The State has a plan which details
the procedures and ImplemenUtlon strat-
egies for ensuring that a free appropriate
public education will be available for all
handicapped chUdren within the State not
later than 1976, and which Includes a de-
tailed timetable for accomplishing such a
goal, and the necessary faculties, personnel,
and services.
(3) The State has made adequate prog-
ress in meeting the timetable of Its plan.
(4) Each local educational agency In the
State will maintain an individualized written
program for each handicapped child and
review at least annually and amend when
appropriate with the agreement of the
parents or guardian of the handicapped
child; that in the development of the In-
dividualized written program, parents or
guardian are afforded due process procedures
which shall Include (A) prior notice to
parents or guardian of the child when the
local or State educational agency proposes
to change the educational placement of the
child. (B) an opportunity for the par-
ents or guardian to obtain an Impartial
due process hearing, examine all relevant
records with respect to the classification or
educational placement of the child, and ob-
tain an Independent educational evaluation
of the child and, (C) procedures to protect
the rights of the child when the parents
or guardian are not known, unavailable or
the child Is a ward of the State, Including
the assignment of an Individual, not to
be an employee of the State or local edu-
cational agency Involved In the education
or care of children, to act as a surrogate
for the parents or guardian: and that when
the parents or guardian refuse to agree to
the provisions of the Individualized written
program that the decisions rendered In the
impartial due process hearing are binding
on all parties pending appropriate adminis-
trative or Judicial appeal.
(5) Tests and other evaluation procedures
utilized for the purpose of classifying chil-
dren as handicapped are administered so as
not to be racially or culturally discrimi-
natory.
(6) To the maximum extent appropriate,
handicapped children. Including children in
public or private Institutions or other care
facilities, are educated with children who
are not handicapped, and that special classes,
separate schooling, or other removal of han-
dicapped children from the regular educa-
tional environment occurs only when the
nature or severity of the handicap is such
that education In regular classes with the
use of supplementary aids and services can-
not be achieved satisfactorily.
(7) An advisory panel broadly representa-
tive of Individuals Involved or concerned
with the education of handicapped children.
Including teachers, parents or guardian of
handicapped children, administrators of pro-
grams for handicapped children, and handi-
capped Individuals, has (A) advises the State
educational agency of unmet needs within
the State in the education of handicapped
children, (B) assists the State educational
agency In determining priorities within the
State for educational services for handi-
capped children; (C) reviews the State plan
and reports to the State educational agency
and the public on the progress made in the
Implementation of the plan and recommends
needed amendments to the plan. (D) com-
ments on any rules or regulations proposed
for Usuance by the State regarding the edu-
cation of handicapped children and the pro-
cedures for distribution of funds under this
Act. and (E) assists the State in develop-
ing, conducting and reporting the evaluation
procedures required under section 7 of this
Act.
(8) To the extent consistent with the
number and location of handicapped chil-
dren in the State who are enrolled In pri-
vate elementary and secondary schools, pro-
visions is made for the participation of such
children in the program assisted or carried
out under this Act.
(9) Federal funds made available under
this Act will be so used as to supplement
and Increase the level of State and local
funds expended for the education of handi-
capped children and in no case supplant such
State and local funds.
(10) The State educational agency will be
the sole agency for administering or super-
vising the preparation and administration
of the State plan, and that all educational
programs for handicapped children within
the State will be supervised by the persons
responsible for educational programs for
handicapped children in the State educa-
tional agency and shall meet educational
standards of the State educational agency.
(11) The State has Identified all handi-
capped children with the State and main-
tains a list of the local educational agency
within the State responsible for the educa-
tion of each such child (whether the child
remains in the area served by the local edu-
cational agency or Is sent out of the Juris-
diction for services) , the location of the
child, and the services the child receives.
(b) Any State meeting the eligibility re-
quirements set forth In subsection (a) and
desiring to participate in the program under
this Act shall submit to the Commissioner
and at such time. In such manner, and con-
taining or accompanied by such Information
as he deems necessary. Each such applica-
tion shall
(1) set forth programs and procedures foi
the expenditure of the funds paid to the
State under this application, either directly
or through Individual local educational agen-
cies or combinations of such agencies to initi-
ate, expand, or improve programs and proj-
ects, including preschool programs and proj-
ects, which are designed to meet the educa-
tional needs of handicapped children
throughout the State;
January 4, 1973
CONGRESSIONAL RECORD — SENATE
1 "'"'
(2) provide satisfactory assurance that the
control of funds provided under this Act, and
title to property derived therefrom, shall be
in a public agency for the uses and purposes
provided In this Act, and that a public agency
will administer such funds and property;
(3) provide for (A) making such reports
In such form and containing such Informa-
tion, as the Commissioner may require to
carry out his functions under this Act, In-
cluding reports of the objective measure-
ments required by paragraph 9 of subsection
(A) and (B) keeping such records and for
affording such access thereto as the Com-
missioner may find necessary to assure the
correctness and verification of such reports
and proper disbursement of Federal funds
under this Act;
(4) provide satisfactory assurance that
such fiscal control a'hd fund accounting pro-
cedures will be adopted as may be necessary
to assure proper disbursement of, and ac-
counting for. Federal funds paid under this
Act to the State, Including any such funds
paid by the State to local educational agen-
cies:
(5) provide for procedures for evaluation
at least annually of the effectiveness of pro-
grams in meeting the educational needs of
handicapped children. In accordance with
such criteria that the Commissioner shall
prer.cribe pursuant to section 7.
(c) The Commissioner shall approve an ap-
plication and any modification thereof
which —
(1) is submitted by an eligible State In
accordance with subsection (a)\
(2) complies with the provision of subsec-
tions (b);
(3) provides for the distribution of funds
under this Act in such a way which re-
flects the relative percentage contribution
within each State of funds spent within the
State on education of handicapped children
by State and local educational agencies: and
(4) provides that the distribution of assist-
ance under this Act within each State is made
on the basis of consideration of (A) the
relative need for special educational services
in certain geographical areas within the State
as developed under the State plan, and (B)
the relative need for special educational serv-
ices for certain subgroups of the population
of handicapped children within the State as
developed under the State plan. The Com-
missioner shall disapprove any application
which does not fulfill all such conditions,
but shall not finally disapprove a State ap-
pligation except after reasonable notice and
opportunity for a hearing to the State.
(d) As soon as practicable after the enact-
TABLE I:
ment of this Act, the Commissioner shall
prescribe basic criteria to be applied by State
agencies in submitting an application for
assistance under this Act. In addition to
other matters, such basic criteria shall In-
clude—
(1) uniform criteria for determining the
handicapped children to be served;
(2) uniform criteria to be used by the
State in determining categories of expendi-
tures to be utilized In calculating State and
local expenditures for the education of handi-
capped children.
EVALUATION AND REPORTING
Sec. 7. (a) The Conjmlssloner shall meas-
ure and evaluate the Impact of the program
authorized under this Act. and shall submit
annually to the Congress a report on prog-
ress being made toward the goal of making
available to all handicapped children a free
appropriate public education by 1976. Such
report shall Include a detailed evaluation of
the education programs prcvlded In accord-
ance with Individualized written programs,
and shall include an evaluation of the suc-
cess or failure of the State and local educa-
tional agencies to meet the long-range goals
and intermediate objectives for education, to
deliver specific services detailed in the In-
dividualized written program and to comply
with the projected timetable for the delivery
of such services.
(b) The Commissioner shall also Include
in the report required by subsection (a) —
(1 ) an analysis of the procedures under-
taken by each State to Insure that handi-
capped children are to the maximum extent
appropriately educated with children who are
not handicapped, pursuant to paragraph (6)
of subsection (a) of section (6) of this Act:
(2) an evaluation of the State's procedures
for the Instllutlonallzatlon of handicapped
children, including classification and com-
mitment procedures, services provided within
institutions, and an evaluation of whether
institutionalization best meets the educa-
tional needs of such children: and
(3) recommended changes in provisions
under this Act, and other Acts which pro-
vide support for the education of handi-
capped children which will encourage educa-
tion of such children In public preschool,
elementary, and secondary schools where ap-
propriate and Improve programs of Instruc-
tion for handicapped children who require
institutionalization.
PAYMENTS
Sec. 8. (a) (1) The Commissioner shall pay
to each State from Its allotment determined
pursuant to section 3, an amount equal to
its entitlement under that section.
(2) (A) From funds paid to it pursuant to
paragraph ( 1 ) each State educational agency
shall distribute to each local educational
agency of the State the amount for which
its application has been approved except
that the aggregate amount of such payment
in any State shall not exceed the amount
allotted to that State pursuant to section
5(a).
( B ) To the extent that any State in which
the State educational agency is wholly or
partially providing free appropriate public
education for handicapped children, the pro-
visions of subparagraph (A) of this para-
graph shall not apply.
(b) For each fiscal year the Federal share
shall be 75 per centum.
(c)j(li The Commissioner is authorized
to pay to each State amounts equal to the
amounts expended for the proper and efficient
performance of Its duties under this Act. ex-
cept that the tot^i of such payments In any
fiscal year shall not exceed —
(A) 1 per centum of the total of the
amounts of the grants paid under this Act
for that year to the State educational agency;
°'" \
(B) $75,000, or $25,000 in the case M the
Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, or the
Trust Territory of the Pacific Islands, which-
ever is greater.
(2) There are authorized to be appropri-
ated such sums as may be necessary to carry
out the provisions of this subsection.
(d) Payments under this Act may be made
in advance or by way of reimbursement and
in such Installments as the Commissioner
may determine necessary.
WTTHHOLDINC *
Sec. 9. Whenever the Commissioner, after
reasonable notice and opportunity for a
hearing to any State educational agency,
finds that there has been a failure to comply
substantially with any provision of section
6. the Commissioner shall notify the agency
that payments will not be made to the State
xmder this Act (or. In his discretion, that
the State educational agency shall not mak«
further payments under this Act to specified
local educaticnal agencies whose actions or
omissions caused or are Involved in such
failure) until he Is satisfied that there is
no longer any such failure to comply. Until
he is so satisfied, no payments shall be made
to the State under this Act, or payments by
the State educational agency under thla
Act shall be limited to local educational
agencies whose actions did not cause or were
not Involved in the failure, as the case may
be.
ES BY STATE AND ESTIMATED GRANTS TO STATES UNDER WILLIAMS BILL, S. 6
Slate
Estimated
average pupil
expense for
handicapped
children
Excess cost (or
handicapped
children
Handicapped
aged 0-21
served
Percent
handicapped
children served
Tola' cost
excess
75 percent
^excess cost
Williams bill
Alabama
Alaska ,
Arizona ..""!
Arkansas
California
Colorado .'.'.'...
Connecticut
Delaware
District of Columbia!
Florida
Georgia '..'.'..
Hawaii
Idalio '.'.'.'....
Illinois '.'.'.'.,
Indiana .'.'.'..
Iowa '.'.'.'.'....
Kansas V.V.
Kentucky ,.,
Louisiana
Maine II."!
Maryland. ..IIIIIII!
Massachusetts.I.II!
Mictiigan
Minnesota '.'.'...
Mississippi ',
Missouri. mil!
Moutana
$948
2.122
1,362
%2
1.570
1,412
1.830
1.688
1,822
1.402
1.054
1,632
1,134
1,756
1,392
1.576
1,468
1,064
1.166
1.310
1.748
1.570
1.752
1.788
862
1,340
1,498
$474
1,061
681
481
785
706
915
844
911
701
527
816
567
878
6%
788
734
532
583
655
874
785
876
894
431
670
749
22,384
1,975
12,678
12,492
321,765
37,566
35 544
8,351
9,568
105,021
65,061
9,106
8,395
180, 877
86,599
36.521
27.713
24. 336
45. 056
6,758
66,259
63,460
165,018
70.423
16.587
65.110
5,358
20
37
32
10
59
50
40
53
44
75
50
46
23
71
60
39
51
31
37
22
54
58
57
57
14
29
23
»10,610,016
1,989,375
8,633.718
6.008,652
252. 585, 525
26.521,596
32, 522. 760
7,048,244
8 716,448
73,619,721
34,287,147
47,430.496
4,759,%5
158.810,006
60,272.904
28,778,548
20.341.342
12.946.752
26,267,648
4. 426, 490
57,910,366
49.816,100
144,555.758
62,958,162
7.148,997
43.623.700
4.013,142
$7,957,512
1.592,032
6,475,288
4,506 489
189.439,143
19,891,197
24. 392 070
5,286 183
6,537.336
55,214,790
25,715 360
35,572,872
3,569 973
119 107 501
45 204 678
21 583 11
15,256.006
9. 710. 064
19, 700, 736
3,319.867
43,432 774
37, 362, 075
108,416,826
47,218.621
5 361.747
32,717,775
3, 009, 856
156
ibraska
•vada
!w Hampshire.
'^ !w Jersey
h iw Mexico
N'w York
N irth Carolina...
N irth Dakota...
HO.
u
0 ilahoma.
0 e?on.
P innsylvania.
R lode Island.
£ uth Carolina.
S uth Dakota.
T innessee.,
ixas.
ah.
irmont.
fginia.
/i Jshington.
V^ est Virginia.
* isconsin.
^ Koming.
Npt available:
American Samoa
Bureau of Indian Affairs..
Guam.
Total.
Alrerage
CONGRESSIONAL RECORD — SENATE
January U, 191 S
TABLE I: EXCESS COST ESTIfHATES BY STATE AND ESTIMATED GRANTS TO STATES UNDER WILLIAMS BILL. S. 6-Continued
State
Estimated
average pupil
expense for
handicapped
children
Excess cost for
handicapped
children
Handicapped
aged 0-21
served
Percent
handicapped
children served
Total cost
excess
75 percent
excess cost
Williams bill
i:^:
1,406
1,482
1,388
1,982
1,270
2.530
1.092
1,242
1,406
1,158
1,746
1.074
1,788
1,032
1,262
1,010
1,166
1,224
1,470
1,316
1.654
1,218
1,704
1,652
703
741
694
991
635
1.265
546
621
703
579
873
837
894
516
631
505
583
612
735
658
827
609
852
826
23, 734
6,300
6,070
99.189
8.655
221.219
73. 739
8,947
175. 300
23. 746
26. 274
156.830
13,475
38. 275
4,414
49. 173
175. 662
27,079
4.612
44, 768
64.223
15,161
66, 230
5.665
25
46
31
43
16
59
43
19
52
16
55
59
34
36
25
37
23
61
22
31
81
19
43
31
16,
4,
4.
98.
5.
279,
40,
5,
123.
13,
22,
131,
12,
19,
2.
24,
102,
16,
3,
29,
53,
9,
56.
4.
685, 002
668, 300
212 580
296. 299
495. 925
842,035
261,494
556. 087
235, 900
748. 934
937, 202
266,710
046,550
749. 900
785,234
832, 365
410.946
572,348
389, 820
457,344
112.421
233. 049
427,960
679, 290
12,513.751
3.501.225
3.159,435
73. 722, 224
4,121,943
209,881,526
30, 1%, 120
4.167,065
92,426.925
10,311,700
17,202,901
98,450,032
9, 034. 987
14,812.425
2, 088, 925
17,124,273
76,808,209
12,429,261
2,542.365
22.693,008
39,834,315
6,924.786
42, 320, 970
3. 509, 467
Puerto Rico
Virgin Islands..
Trust Territory.
73,500
67,961
2.846,721 2.277.507.383 1.707,230.523
1.470
By Mr. RANDOLPH (for himself,
.J Mr. Cranston, Mr. Stafford,
Mr. Williams, Mr. Javits, Mr.
Taft, Mr. Kennedy, Mr. Mon-
dale, Mr. Pell, Mr. Stevenson,
and Mr. Eagleton) :
S. 7. A bill tx) amend the Vocational
Rehabilitation Act to extend and revise
t le authorization of grants to States for
vjcational rehabilitation services, to au-
t lorize grants for rehabilitation services
t » those with severe disabilities, and for
o;her purposes. Referred to the Com-
ifittee on Labor and Public Welfare.
THK REKABILITATION ACT
Mr. RANDOLPH. Mr. President, in
dctober of last year the Congress passed
i:.R. 8395; the Rehabilitation Act of
1 )72. The Rehabilitation Act of 1972 re-
c Jived extensive hearings In both the
Senate and House of Representatives.
C ommittees of both Houses gave careful
and thorough consideration to its pro-
v slons Ji executive sessions. This meas-
ure was approved by a vote of 70 to 0
ij I the Senate and 327 to 0 In the House
of Representatives. As I then stated,
t lis bill represents a close cooperative
bipartisan eflfort of many Senators and
F epresentatives from both parties. On
t le Senate side in particular, the very
able Senator from California (Mr.
Cranston) who chaired the hearings
and was floor manager for the bill; the
Senator from Vermont (Mr. Stafford);
r inking minority member of the sub-
ommittee; the Senator from New Jer-
s;y <Mr. Williams) chairman of the
C ommlttee on Labor and Public Welfare;
t \Q Senato.- from New York (Mr. Javits) ,
and the Senator from Ohio (Mr. Taft)
a U contributed significantly in the devel-
opment of this important humanitarian
legislation.
In spite of the ovenvhelming blparti-
^n support for this measure the Presl-
c ent refused to sign it into law. He is-
sued a memorandum of disapproval
after the Congress had adjourned, thus
killing the bill by a pocket veto.
Today, Mr. President, as chairman of
the Senate Subcommittee on the Handi-
capped, I introduce on behalf of myself
and Senators Cranston, Stafford, Wil-
liams, Javits, Taft, Kennedy, Mondale,
Pell, Eagleton, and Stevenson, a bUl
which Is identical to the vetoed act. A
bill that was sound in October continues
to be sound in January. Based on the
President's memorandum of disapproval
I can see no justification for changing the
measure.
At this point it is my intention to dis-
cuss each argument presented in the
President's memorandum of disapproval,
in the hope that he will be persuaded to
join the Congress in support for this im-
portant improvement in programs for
handicapped people.
First, the memorandum offers the
premise that the measure "would serl-
o\x>\y jeopardize the goals of the voca-
tional rehabilitation program and is an-
other example of congressional fiscal ir-
responsibility." No serious student of the
Federal -State vocational rehabilitation
program would accept the idea that the
Rehabilitation Act of 1972 would in any
way jeopardize the goals of the program.
On the contrary careful effort was ex-
pended to assure that the measure would
positively improve the program in all re-
spects. Nor is the allegation of "fiscal
irresponsibility" supported by the facts.
I will discuss this issue a little later in
these remarks.
Second, the memorandum states that
the bill's provisions "would divert this
program from its basic vocational objec-
tives into activities that have no voca-
tional element whatsoever or are e.ssen-
tially medical in character." The primary
focus of the existing program is voca-
tional rehabilitation. It is the focus of the
Rehabilitation Act of 1973 as well. In
fact, it is the intention of the new Act to
strengthen the program's ability to meet
Uiese vocational objectives. The only
^on-vocational approach in the bill is
title II. Appropriations of $30 million are
authorized for this purpose in fiscal year
1973, compared with the vocationally
oriented program authorization of $800
million in the same fiscal year. This could
hardly be considered a diversion from vo-
cational objectives.
The President's objection relates to a
diversion to activities which are "essen-
tially medical in character." I assume
this refers to the $25 million per year
emergency program for individuals su^
fering from endstage renal disease.
There is currently no Federal program
to assist such persons. Because of a lack
of fimds, some 5,000 to 8.000 people die
in this country each year. Their deaths
could be prevented by the provision of
Federal assistance. No insurmountable
technological hurdle stands in the way.
It is shocking to me that such a circum-
stance should exist in America today.
In the absence of a viable legislative
alternative to this provision, I will fight
to retain it in this legislation.
Third, the President believes the bill
would "proliferate a host of narrow cate-
gorical programs which duplicate and
overlap existing authorities and pro-
grams." It cannot be denied that the
Rehabilitation Act contains a number of
categorical programs — services to older
blind individuals, rehabilitation centers
for the deaf and deaf-blind, and centers
for spinal cord injured individuals.
These are categories which the Con-
gress after careful study determined are
needful of special attention. These pro-
visions are designed to serve special
populations of handicapped individuals
who have not been adequately served In
the past.
January 4, 1973
CONGRESSIONAL RECORD — SENATE
157
There is no duplication or overlap
contemplated. Proper administration
and coordination can prevent duplica-
tion and overlap with respect to pro-
grams.
The President's message continues:
Such provisions serve only to dilute the
resources of the vocational rehabilitation
program . . .
It is difficult to imderstand how any
of the programs contemplated In the Re-
habilitation Act could dilute any of the
others. More specifically, the basic pro-
grams of vocational rehabilitation serv-
ices are separately funded— both imder
the existing Vocational Rehabilitation
Act and the new proposal. The categori-
cal programs referred to by the President
are related to the basic program only to
the extent that they are administered
by the same Federal and State agencies.
Funding is separately authorized and
appropriated.
The President's memorandum states
that the Rehabilitation Act "would
create organizational rigidities — which
could undermine the ability of the Sec-
retary of HEW to manage the program
effectively." Since the President does not
explain his objection, I must assume that
he refers to the statutory authority for,
and independence of, the Rehabilita-
tion Services Administration and the
creation of an Office for the Handi-
capped. The Secretary has enjoyed full
flexibility in the past to organize the vo-
cational rehabilitation program. In re-
cent years, emphasis on other programs
has resulted in the deemphasis of voca-
tional rehabilitation. Under the late
Mary Switzer the Rehabilitation Services
Administration flourished, with a per-
sonnel force of about 'OO. Today the RSA,
as an appendage of the Social and Re-
habilitation Service, employs some 160
persons, clearly inadequate to the tasks
assigned it. 11 the potential of the re-
habilitation program is to be realized. It
must have the attention and the re-
sources to perform its functions. Addi-
tionally, RSA currently performs an
Inadequate effort in research and devel-
opment programs. This is an aspect of
rehabilitation in which the United States
has fallen behind other nations. Such in-
adequacies must not continue. The Re-
habilitation Act is a step In the right
direction. The Congress in approving this
act determined as a matter of policy that
more emphasis must be placed on re-
habilitation by the Federal Government,
and that the only way to assure that em-
phasis is to give RSA a statutory basis
and to outline some of its duties by law.
The new legislation also creaties an
Office for the Handicapped within the
Office of the Secretary of HEW. Congress
believes this to be highly desirable so
that all 38 programs for the handicapped
in HEW may be coordinated and some
overall direction in such programs may
be developed. The primary function of
the new Office would be to provide Infor-
mation to, and receive It from, the handi-
capped and rehabilitation communities,
as well as to other Federal agencies.
These fimctlons do not now exist and
would be valuable additions to the Fed-
eral effort to prevent duplication of pro-
gram activity and ta assist handicapped
individuals.
The President's memorandum states
that —
The bUl also would establish numerous
committees and Independent commissions
which are unnecessary, would waste the tax-
payers' doUars, and would complicate and
confuse the direction of this program.
The Rehabilitation Act of 1972, and the
measure I introduce today, would estab-
lish the following: a Federal Interagency
Committee on Handicapped Employees,
a National Advisory Council on Reha-
bilitation of Handicapped Employees, a
National Commission on Transportation
and Housing, and an Architectural and
Transportation Barriers Compliance
Board. All these new offices, save one,
are designed to fill voids which now exist.
Handicapped people encoimter difficul-
ties in Federal employment with respect
to hiring, placement, advancement, and
in having their special requirements
recognized by Federal officials. Many of
these problems stem from ignorance of
the handicapped person's needs as well
as of his abilities. The committee's func-
tion is to assure that qualified handi-
capped individuals are hired by the Fed-
eral Government, and that they are given
the same opportunities in Federal serv-
ice as those without handicaps.
The National Advisory Council merely
replaces a similar existing council and
gives it a more meaningful role. The Na-
tional Policy and Performance Council,
no longer considered to be essential, has
been eliminated in the new legislation.
The National Commission on Trans-
portation and Housing and the Archi-
tectural and Transportation Barriers
Compliance Board have interrelating
functions. The former is a study commis-
sion while the later will utilize informa-
tion developed by the Commission in
recommending new legislation and ad-
ministrative changes. The Compliance
Board will also investigate violations of,
and insure compliance with, standards
established under the Architectural Bar-
riers Act of 1968. That act has not been
enforced to this point, and it must be if
handicapped individuals are to have
access to the same extent as those who
have no handicapping conditions.
Finally, the President states that —
The bill would authorize funding far in
excess of the budget request and far beyond
what can be made available and used effec-
tively.
This Is perhaps the most serious mis-
statement contained In the memorandum
of disapproval.
It Is true that the Rehabilitation Act
of 1972 proposed appropriation levels are
above the budget request for fiscal year
1973. Yet the total authorization levels
for that year are only a little higher than
the fiscal year 1972 authorization under
the existing Vocational Rehabilitation
Act. Under the new act, it Is also true
that authorizations will Increase. Such
increases are, however, absolutely essen-
tial to the development of the rehabilita-
tion program. Today, only about 1
million of the estimated 7 to 12 million
handicapped persons in America who
could be rehabilitated have been touched
by the existing vocational rehabilitation
program. What of the other 6 to 11 mil-
lion people who desperately need the
assistance contemplated by this pro-
gram?
The unfilled hopes and expectations
of handicapped individuals across our
land can be translated into loss of tax
revenues and drains on State and Fed-
eral treasuries for welfare payments. It
has been estimated that ever>- dollar ex-
pended on vocational rehabilitation re-
sults in a benefit equal to $35. Where else
in the Federal Government could such a
fabulous cost-benefit ratio be demon-
strated? Rehabilitation dollars are per-
haps the most valuable of all the dollars
spent by the Federal Government today.
To chop this program down is not only
merciless, it is borne of a philosophy that
can only be described as pennywise and
pound foolish.
It is my hope that there will be early
congressional approval of this new Reha-
bilitation Act. The distinguished Senator
from California (Mr. Cranston) who
worked so diligently and effectively for
this measure last year will begin Handi-
capped Subcommittee hearings on this
bill in the very near future.
Mr. President, I ask unanimous con-
sent that the Senate-House conference
committee statement of last year, the
President's veto message, and the meas-
ure I am introducing today be printed at
this point In the Record.
There being no objection, the material
was ordered to be printed in the Record,
as follows :
Joint Explanatory Statement or the
Committee of Conference
The managers on the part of the House
and the Senate at the conference on the
disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R.
8395) to amend the Vocational Rehabilitation
Act to extend and revise the authorization
of grants to States for vocaUonal reha-
bUltation services, to authorize grants for
rchabuitatlon services to those with severe
disabilities, and for other purposes, submit
the following Joint statement to the House
and the Senate In explanation of the effect
of the action agre«d upon by the managers
and recommended In the accompanying
conference report:
The Senate amendment strikes out all of
the House bill after the enacting clause and
inserts a substitute. The House recedes from
Its disagreement to the amendment of the
Senate, with an amendment which Is a sub-
stitute for both the House bill and the Senate
amendment. The differences between the
House bill and the Senate amendment and
the substitute agreed to In conference are
noted in the following outline, except for
Incidental changes made necessary by reason
of agreements reached by the conferees and
minor and clarifying changes.
Declaration op Purpose
A number of purposes in the Senate
amendment were not Included In the House
bill. The conferees added and amended such
purposes to the conference bill to conform
to the provisions of the Act as agreed to.
Rehabilitation Services Administration
Both the House bill and the Senate amend-
ment established a RehabUltation Services
Administration in the Dtepartment of Health.
Education, and Welfare. The House bUl
provided that the Administration shall be
the principal agency In the Department for
carrying out and administering programs and
performing services related to the rehabili-
tation of handicapped individuals, as author-
158
I
CONGRESSIONAL RECORD — SENATE
Januanj ^, 1973
i ted under the Act. The Senate amendment
J rovlded that the Commissioner of the Ad-
iilnistratlon shall carry out and administer
£11 programs and direct the performance of
Ell services for which authority is provided
t 0 the Secretary of HEW under the Act. The
(oi.ference agreement adopts the provision
c f the Senate amendment, except that refer-
«nce tcy^the Secretary's authority is deleted
ihrougMiut titles I through IV.
The Senate amendment, but not the House
^Ul, established within the RehabUltatlon
Services Admmistratlon a Division of Re-
f earch, Training, and Evaluation to admlnls-
ler title IV of the Act. The Senate amend-
iient, hut not the House bUl, established
^(•ithln the Division of Research, Training,
rnd Eviluatlon a Center of Technological
J issessnient and Application which Is respon-
!ible for developing and supporting innova-
llve methods of applying technology to re-
solve rehabilitation problems Including the
1 dmlnlstration of Rehabilitation Engineer-
ing Research Centers. The conference report
idopts the provisions of the Senate amend-
) neat c>n both these matters. The Senate
I jnendiiient also Increased the number of
I ertain personnel positions authorized by the
; lehabllltation Services Administration. The
I lonference agreement retained the Senate
; )rovl8lons with an amendment that the As-
: Istant Commissioner be responsible to the
rommigsloner and that such Assistant Com-
nisslonfer be of outstanding "scientific and
echnlcal" rather than "medical or tech-
ilcal" as In the Senate amendment quallflca-
■ ions.
Joint funding
Both the House bill and the Senate amend-
nent provided for Joint funding of rehablll-
atlon projects. The provisions differed in the
ollowlng ways:
The House bill provided that any one Fed-
jral agency providing funds may be desig-
nated to act for all participating agencies,
.vhereas the Senate amendment required the
idmlnlsterlng agency to be the Federal
igency principally involved. The House
ecedes.
The Senate amendment, but not the House
3111, aothorized Joint funding to the extent
:onsl3tent with other provisions of this Act.
rhe House recedes.
The House bill, but not the Senate amend-
ment, allowed a single non-Federal share re-
quirement for projects being Jointly funded.
The Senate recedes.
The House bill, but not the Senate amend-
ment, authorized a waiver of inconsistent
technical grant or contract requirements
rthere a project Is being Jointly funded. The
:onference report adopts a provision some-
what csomparable to a House provision under
a'hich. when the principal agency Involved
Is the Rehabilitation Services Administra-
tion, it may waive any grant or contract re-
quirement, as defined by the presidential
regulations, under any law other than this
Act If the requirement Is inconsistent with
similar requirements of the administering
agency under this Act.
DEFINmONS
The<Senate amendment defined the term
crlm^al act" and the term "public safety
officer ' which are terms used in the Senate
amencment In provisions describing services
to be provided under the State plan for
vocational rehabilitation. The conference
substitute Includes these provisions of the
Senate amendment.
The House bill contained a definition of
■evaluation and work adjustment services."
The S«nate amendment contained a djflni-
tlon for "evaluation of rehabilitation poten-
tial" which was similar, except that a pro-
vision was added requiring that once in every
90-day period an assessment be made to de-
termine If the individual undergoing evahi-
atlon Is eligible to receive rehabilitation
services as a handicapped individual.
Both the House bill and the Senate amend-
ment provided the same Federal share for
the basic program (80 percent) and for con-
struction of rehabilitation facilities. Fed-
eral shares for other programs In the House
bill were prescribed In Individual sections.
The Senate amendment defined the term
"Federal share" for the entire act (mean-
ing 85 percent, except where otherwise pro-
vided). The conference agreement provides
for the 80 percent share for the basic pro-
gram except that "Federal share" shall mean
90 percent for the purposes of part C (In-
novation and Expansion Orants) of title I
and for title 11.
The term "rehabilitation facility" Is sim-
ilarly defined in both the House bill and the
Senate amendment, except that the Senate
amendment Includes In the list of provisions
to be provided In such facilities orientation
and mobility services to the blind. The con-
ference substitute retains this provision.
Both the House and the Senate amend-
ment use the term "severely handicapped
Individual", but defined such term In differ-
ent ways in the two versions. The conference
substitute drops the use of this term entirely
and refers Instead to handicapped individuals
with "the most severe handicaps". The term
"severe handicap" is defined in the confer-
ence substitute to mean a disability which
requires multiple services over an extended
period of time resulting from blindness,
cancer, cerebral palsy, cystic fibrosis, deaf-
ness, heart disease, hemiplegia, respiratory
or pulmonary dysfunction, mental retarda-
tion, multiple sclerosis, muscular dystrophy,
neurological disorders (Including stroke and
epilepsy ) , paraplegia, quadrlplegia and other
spinal cord conditions, renal failure, and any
other disability, specified by the Commission-
er In regulations he shall prescribe. Individ-
uals who are not handicapped are not eli-
gible for services. Departmental regulations
have allowed individuals without handicaps
to receive services under this program by
characterizing such Individuals as having
"behavioral disorders." The Conferees wish to
make clear that such individuals in the ab-
sence of a physical or mental disability shall
not be eligible for services under this Act.
The Senate amendment but not the House
bill Included Indian tribal organization un-
der the definition of "local agency." The
House receded.
The term "handicapped Individual" was
defined in the Senate amendment to mean
an Individual with physical or mental disa-
bility which for suck individual constitutes
or results in a substantial handicap to em-
plov-ment. The House definition did not con-
tain the Italicized words. The conference sub-
stitute retains the Senate provision with a
modification to specify that eligibility for
comprehensive rehabilitation services — for a
nonvocatlonal goal — Is tied to services pro-
vided under titles other than title I.
CONSOLIDATED REHABILITATION PLAN
The House bill provided that a State could
submit a consolidated rehabilitation plan for
Its programs for vocational rehabilitation
services, evaluation of rehabilitation poten-
tial, the severely handicapped and persons
with developmental disabilities. There was
no comparable Senate provision. The Senate
recedes with amendments In conformance
with agreements made In other parts of the
Act, and with the following amendments:
( 1 ) The agency administering the Develop-
mental DUabillties Service and Facilities
Construction Act must agree to the consoli-
dated plan;
(2) The Secretary of Health, Education,
and Welfare may reject any consolidated
plan; and
(3) The 10 percent transferability of ap-
propriated funds is deleted.
AUDIT
Section 8 of the Senate amendment re-
quired grant recipients to keep such records
as the Secretary may prescribe. Including
amounts and disposition of funds received,
and other records to facilitate an effective
audit. The section authorized access by the
Secretary and Comptroller General to any
books or records pertaining to such grants.
The House had no comparable provision. The
House recedes.
NONDUPLICATION
The House bill, with respect to compre-
hensive services, and the Senate amend-
ment with respect to the basic program,
required that In determining the amount of
a State's Federal share there shall be dis-
regarded any portion of such expenditures
which are financed by Federal funds and the
amount of non-Federal funds required as a
condition of receipt of such Federal funds.
The conference substitute adopts both pro-
visions and adds a third provision taken
from several other provisions of both the
House bin and Senate amendment which
provides that no payment may be made from
funds provided under one provision of the
Act relating to any cost with respect to
which any payment Is made under any other
provision of the Act.
VOCATIONAL RZHABILrTATION SERVICES
GENERAL PROVISIONS
Declaration of purpose: out horizat toil of
appropriations
The House bill states that It Is the pur-
pose of the title to authorize grants to meet
the needs of handicapped individuals, so
that such individuals may prepare for and
engage in gainful employment to the extent
of their capabilities. The Senate recedes.
Under the conference substitute, there Is
authorized to be appropriated S800.000.000
for fiscal year 1973 and $975,000,000 for fiscal
year 1974 to assist States In meeting the costs
of vocational rehabilitation services and the
cost of carrying out the State's plan for voca-
tional rehabilitation services. Tlie compara-
ble authorizations In the House bill were
SSCO.OOO.OOO for fiscal year 1973, $950,000,000
for fiscal year 1974, and $1,100,000,000 for fis-
cal year 1975. The Senate amendment pro-
vided authorizations in one lump sum
amount for both handicapped li:dividuals
and severely handicapped individuals (those
for whom the provision of services Is more
costly and of longer duration) regardless of
whether such Individuals can have an em-
ployment objective. It provided that 15 per-
cent of the amount appropriated must l>e
used for services to the severely handicapped.
The amount authorized to be appropriated
by the Senate amendment was $900,000,000
for fiscal year 1973 and $1,150,000 for fiscal
year 1974.
State plans
Both the House bill and the Senate
amendment required as a condition for the
receipt of funds that a State plan be sub-
mitted. Under the House bill the plan re-
lated to the provision of vocational reha-
bilitation services while the provision of com-
prehensive rehabilitation services for the
severely handicapped was controlled by a
separate State plan. Under the Senate amend-
ment the State plan which was required to
be submitted annually, controlled the provi-
sion of both vocational rehabilitation serv-
ices and comprehensive rehabilitation serv-
ices. The conference substitute adopts the
approach of the Senate amendment.
The following are the particular differences
between the State plan provisions In the two
versions of the bill :
(1) The House bill would permit the re-
quired matching funds to be provided only
by the State and Its political subdivisions
while the Senate amendment would permit
matching funds to be provided by the State
and by "local agencies", as defined In sec-
tion 7(8).
(2) The Senate amendment required the
State plan to show how it proposes to expand
and Improve services to severely handicapped
Individuals. It further provided that if voca-
January .4, 1973
CONGRESSIONAL RECORD — SENATE
159
tlonal and comprehensive rehabilitation serv-
ices could not be provided to all eligible per-
sons, the plan must show the order to be
followed in selecting those to whom such
services vfIII be provided and the outcome and
service goals, and the time within which
they may be achieved, for the rehabilitation
of such individuals. The order of selection
was required to place special emphasis on
severely handicapped Individuals, and could
not be Inconsistent with priorities for these
matters established by regulations of the Sec-
retary. The House bill contained no com-
parable provision. The conference substitute
follows the Senate amendment, but with the
followtag modifications: First, here and else-
where in the report references to "severely
handicapped individuals" Is changed to "In-
dividuals with the most severe handicaps",
thus conforming to the change In definition
provided for in the definition section. Sec-
ond, the requirement that an order of selec-
tion be shown is made to apply only to the
provision of vocational rehabilitation serv-
ices. Tlilrd, the requirement with respect to
what must be Included in the order of selec-
tion Is modified to require that the order"
of selection be determined on the basis of
serving first those Individuals with the most
severe handicaps and that such order must be
consistent with priorities in such order of se-
lection (Which shall require serving first
those with the most severe handicaps) estab-
lished in regulations of the Commissioner.
By providing that those with the most severe
handicaps be first served, the conferees do not
Intend that handicapped Individuals whose
handicaps are not the most severe be ex-
cluded from receiving services.
(3) The Senate amendment required that
the State plan provide assurances that no
comprehensive rehabilitation services will be
paid for unless maximum efl'orts have been
made to secure grant assistance, in whole or
in part, from other sources to pay for such
services. The House bill contained no com-
parable provision. The conference substitute
retains in a different clause the provision of
the Senate amendment.
(4) Both the House bill and the Senate
amendment required the State plan to con-
tain provisions relating to the establishment
and maintenance of personnel standards. The
Senate amendment, but not the House bill,
required such standards to be consistent with
State licensure laws and regulations. This
requirement Is retained in the conference
substitute.
(5) The House bUl required the State plan
to provide for evaluation of rehabilitation
potential, counseling and guidance, personnel
and vocational adjustment, training, main-
tenance, physical restoration, placement,
follow-up and follow-along services. The Sen-
ate amendment requirement that the plan
provide, at a minimum, for the provision of
the type of vocational rehabilitation services
referred to In the first three paragraphs of
section 103fa^ (relating to the scope of voca-
tional rehabilitation services). The confer-
ence substitute adopts the provision of the
Senate amendment.
(6) The Hou.se bill provided that services
other than those referred to in the preceding
paragraph may be provided only after full
consideration of eligibility for any similar
benefit by way of pension, compensation, and
Insurance. The comparable provision of the
Senate amendment provided that services
other than those referred to In the preceding
paragraph may be provided only after full
consideration of eligibility for similar bene-
fits under any other program, but provides
an exception in the case of services specified
In clauses (4) and (5) of section 103ra)
where such consideration would delay the
provision of such services to any Individual.
The conference substitute adopts the Senate
amendment provision.
(7) The Senate amendment required the
Inclusion in the State plan provisions relat-
ing to administration of a provision for the
establishment of a client advocacy system as
required by section 112. This provision of the
Senate amendment Is not Included In the
conference substitute.
(8) The Senate amendment provided that
an individualized written rehabilitation pro-
gram (required by section 102) must be de-
veloped for each handicapped individual and
that vocational and comprehensive rehabili-
tation services be provided under the plan in
accordance with such program. There was no
comparable House provision. The conference
report retains this provision with the addi-
tion of a requirement that records of the
characteristics of each applicant will be kept
specifying, as-^o those individuals who apply
for services under this title or pursuant to
title II and are determined not to be eligible
therefor, the reasons for such determinations.
(9) Under the House bill State agencies
were required to make such reports In such
form and containing such information as the
Secretary may require. The Senate amend-
ment contained the same provision and also
specified that the State agencies' reports
must specifically Include periodic estimates
of the population of handicapped individuals
eligible for services under the Act, specifica-
tions of the number of such individuals who
will be served, and the outcome and service
goals to be achieved for such individuals In
each priority category established as required
in the earlier provisions of this section, and
the service costs for each category. The con-
ference substitute adopts the Senate provi-
sion, and, in addition, the Information re-
quired in the new provision referred to in the
preceding paragraph must b# included in
such reports.
(10) Both versions of the bill required the
State agency to enter into cooperative ar-
rangements with other governmental agen-
cies. The Senate amendment, unlike the
House blU, made si>eciflc references to vet-
erans' programs and to the Veterans' Admin-
istration. This provision of the Senate amend-
ment is retained in the conference substitute.
(11) The Senate amendment required the
plan to give assurances tliat In the provision
of vocational rehabillta'Jon services under the
program maximum use will be made of pub-
lic and other vocational or technical train-
ing facilities or other appropriate resources
in the communl^. The House bill contained
no comparable pfovislon. The House recedes.
(12) The Senate amendment contained a
requirement, which had no counterpart In
the House bill, which required that special
consideration be given to the rehabilitation
of handicapped Individuals whose handi-
capping conditions arose from a disability
sustained In the line of duty while such In-
dividual was performing as p public safety
officer and the proximate cause of such dis-
ability was an apparent criminal act or a
hazardous condition resulting from the of-
ficer's performance of duty in direct connec-
tion with the enforcement, execution, and
administration of law or fire prevention, flre-
flghtlng, or related public safety activities.
The conference substitute retains this pro-
vision.
(13) The Senate amendment required
statewide studies of the needs of handicapped
individuals and of how these needs may best
be met, with a view toward the relative need
for services to significant segments of the
population of handicapped individuals. There
was no House provision. The House recedes.
(14) The Senate amendment required the
State plan to provide for periodic review and
reevaluatlon of Individuals placed In ex-
tended employment to determine the feasi-
bility of their employment, or training for
employment In the competitive labor market,
and that maximum efforts be made to place
such individuals In such employment or
training. There was no comparable House
provision. The conference report retains this
requirement.
(15) The Senate amendment, unlike the
House bill, contains In Its provisions requir-
ing consultation In the administration of
the State plan the requirement that the
views of groups, as well as of individuals and
of parents and guardians of clients, be taken
into account. This requirement is retained
in the conference agreement.
(16) The House bill required the plan
to provide for subsequent program evalua-
tion, contain a clear statement of the goals
of the services to be provided, and that
these goals be listed In order of priority, and
stated as much as possible In a form amen-
able to quantification. The comparable Sen-
ate provision required satisfactory assurances
that such continuing studies, as well as an-
nual evaluations of program effectiveness will
form the basis for submission from time to
time of appropriate amendments to the plan.
The conference report follows the Senate
provision.
Both versions require approval of the State
plan, but the Senate amendment requires
that before disapproving a plan the State
shall be given notice and reasonable opportu-
nity for a hearing. This provision Is retained
In the conference substitute.
The Senate amendment, unlike the House
bill, permits the payments under the State
plan to be reduced rather than discontinued
where the plan Is changed without compli-
ance with the Act, or where there is a failure
to comply with provisions of the plan. The
conference substitute retains this provision.
Individualized written rehabilitation
program
The Senate amendment required the Sec-
retary to Insure that the individualized
written rehabilitation program required un-
der section 101 be developed Jointly by the
handicapped Individual and the vocational
rehabllltjitlon counselor or coordinator. This
under^ndlng should include a statement
ofTg&rfis and other stated requirements The
Individual shall be afforded an opportunity
to review his program annually and renego-
tiate its terms. Subsection (c) of section 102
required the written program to emphasize a
vocational goal or objective for the indi-
vidual, and where it Is determined that no
such goal can be met, safeguards are re-
quired to insure that such a determination
is absolutely necessary. Such a determina-
tion must be reviewed at least once each
year. There were no comparable House pro-
visions. This provision is retained In the
conference report.
Scope of vocational rehabilitation services
The House bill dealt with the type of serv-
ices that can be provided under the title
through a definition of "vocational rehahlll-
tatlon services" which lists the services which
may be provided. The Senate amendment
in this section provided that vocational re-
habilitation services provided under the Act
are goods and services necessary to render
a handicapped individual employable. It goes
on to provide that such goods and services
Include, but are not limited to. goods and
services subsequently described. The provi-
sion of the Senate amendment are adopted
In the conference report.
Tlie differences between the House descrip-
tion of the services to be provided and the
Senate list (and the conferee actions) are
the following:
(1) The Senate amendment Includes In the
description of evaluation services, examina-
tion, where appropriate, by a physician
skilled In the diagnosis and treatment of
emotional disorders, or by a licensed psychol-
ogist. The House recedes.
(2) The House bill and the Senate amend-
ment both Included counseling, guidance,
and placement services. The Senate amend-
ment also Included referral and client advo-
cacy services. Referral services are Included
in the conference substitute but client ad-
vocacy services were rejected.
(3) The House bill includes training serv-
ices for handicapped Individuals (Including
60
CONGRESSIONAL RECORD — SENATE
January Jf, 1973
] lersonal and vocational adjustment, books,
i,nd other training materials). The Senate
( jnendment added services to the families
( >t bad'llcapped Individuals which are neces-
lary to the adjustment and. rehabilitation
at such.<tndlvlduaLs. It also provided that no
1 raining services could be provided In Instl-
1 utlons ol higher education unless maximum
i Sorts have been made to secure grant asslst-
I ,nce Irom other sources to pay lor such
1 raining. The conlerence substitute adopts
1 he Senate provisions.
(4) Both bills Included restoration services.
' :Tie House bill refers only to physical restora-
1 1on services while the Senate amendment
leXers to both physical and mental restora-
1 1on services. Further, the Senate amend-
laent li. eludes diagnosis and treatment for
iiental and emotional disorders by a physl-
( Ian or licensed psychologist. The Senate
( mendment unlike the House bill Includes
1 ransportatlon and dialysis amonr; the spe-
( lal services which are available for renal
I liseases. In each of these respects the con-
lerence substitute Includes the Senate pro-
ision.
(Oj The Senate amendment lists rehablll-
atlon teaching services and orientation and
; Qoblllty services for the blind, and telecom-
1 Qunlcatlons, sensory and other technological
iilds and devices. These services are not re-
: erred to In the House bill. They are included
: u the conference substitute.
XrTLE I BASIC VOCATIONAL REHABILITATION
SERVICES
State allotments |
Both bills contain formula for allotting
unds for vocational rehabilitation services
i.mong the States. They differ In that the
; louse bill would allot on the amounts au-
horized to be appropriated whereas the Sen-
ile amendment would allot on the amounts
1 ipproprlated. On this point, the conference
1 lUbstitute adopts the provisions of the House
>111.
The House bill provided for a minimum al-
otment of $2,000,000 whereas the Senate
jnendment provided a minimum allotment
)f $2,500,000. The House provision Is retained
n the iconference substitute.
Payments to States
Both the House bill and the Senate amend-
: nent provided for reductions In allotments
vhere the State reduces Its expenditures from
ion-Federal sources. The House bill uses FY
.969 as the base year whereas the Senate
imendment uses FY 1972 as the base year.
' rhe conference substitute adopts the Senate
)rovlslon.
The Senate amendment provided a 1 per-
tent set aside from Its State allotment for
istabllshlng and maintaining a State ad-
visory council. It limited the amount which
:ould be expended for such purpose to not
nore than $150,000 or less than 850,000. The
>enate recedes.
INNOVATION AND EXP.»JSI0N GRANTS
Allotments tcyStates
Both the House bUl and the Senate amend-
nent provided progp-ams for making Innova-
;lon and expansion grants to States under a
Jtate allotment formula. The Senate amend-
nent, unlike the House bill, provided that
;or FY 1973 and FY 1974 no State shall re-
;elve less under this provision than the
imount necessary to cover 90 percent of the
rost of continuing projects of this type as-
ilste^l under section 4(a) (2) (A) of the Voca-
;lonfl Rehabilitation Act. This requirement is
lualf led In the Senate amendment by a
jrovClon that no such program may receive
isslstiance under both this Act and the Vo-
:atlonal Rehabilitation Act for an aggregate
serlod In excess of three years. The confer-
snce substitute retains this provision of the
Senate amendment In a separate part C.
Payments to States
The Senate amendment, but not the House
ijlll, authorized the Secretary to require
that up to 50 percent of each State's allot-
ment be expended only Ln connection with
projects which he has first approved. This
provision Is retained In the conference sub-
stitute.
The Senate amendment, but not the House
bill, specified that programs to Initiate or
expand services to severely handicapped In-
dividuals qualify for assistance under this
program. The conference substitute adopts
this provision except that, as Is the case In
other Instances In this report, the reference
to "severely handicapped Individuals" la
modified to refer to "Individuals with the
most severe handicaps". Further, the Senate
amendment in describing the type of handi-
capped Individuals who may be assisted pro-
vides that such services be made available
particularly to handicapped Individuals who
are poor. The House bill did not contain this
qualification. It Is Included in the conference
substitute.
The House bill provided that funds appro-
priated for these grants shall remain avail-
able through June 30. 1976. The Senate
amendment did not contain this provision.
The Senate recedes.
EVALUATION or REHABILITATION POTENTIAL
The Senate amendment provided special
emphasis through part C of title I on the
provision of vocational and comprehensive
rehabilitation services to severely handi-
capped individuals by means of a 15-percent
set aside of title I appropriations for supple-
mentary funding for the provision of such
services to severely handicapped Individuals.
The term "severely handicapped Individuals"
In the Senate amendment referred to those
persons for whom services are appreciably
more costly, and of appreciably greater dura-
tion, than those provided to the average cli-
ent. Supplementary funds under part C of
title I would be "triggered" when the cost of
providing services to a handicapped Individ-
ual exceeded 200 percent of the average cost
of services.
Part C of title I In the Senate amendment
was dropped In favor of providing In the
basic programs State plan that those with
the most severe handicaps would be served
first under the basic program of vocational
rehabilitation services.
The House bill provided a separate title to
authorize grants to States to assist them In
evaluating the rehabilitation potential
of handicapped and disadvantaged Individ-
uals, Including the vocational evaluation and
work adjustment of disadvantaged Individ-
uals. The Senate amendment incorporated
the concept of evaluating rehabilitation po-
tential Into the basic State program for re-
habilitation services as a mandatory service
imder that program, but did not authorize
a special program for disadvantaged individ-
uals. The House recedes.
TITLE II— COMPREHENSIVE REHABILITATION
SERVICES
Purpose
The House bill authorized a new title m
to provide grants, supplemental to title I
grants, to assist States to develop plans for
meeting the needs of the severely handi-
capped (defined as those for whom an em-
ployment objective Is not feasible), includ-
ing an assessment of the disability and of
rehabilitation potential, training of special-
ized personnel, and research. There was no
comparable Senate provision, although the
Senate did provide for the provision of re-
habilitation services to those for whom em-
ployment Is not feasible, limited to no more
than 10% of title I appropriations. The Sen-
ate recedes to the approach of the House
contained In a new title II. as described be-
low and Includes the House declaration of
purpose.
Authorizations
The House bill authorized the appropri-
ation of 830 million for FY 1973, 860 million
for FY 1974, and $80 million for FY 1975 to
cany out the purposes listed above. The
Senate amendment earmarked 15% of the
title I appropriation for services to severely
handlcappted individuals (defined in the Sen-
ate amendment to mean those for whom the
cost of providing services Is more than double
the average) or, if greater, 8135 million for
FY 1973 and 8173 miUion for FY 1974.
(1) The House bill bases State allotments
on population, adjusted to reflect relative per
capita income, with a minimum of 850,000
per State. The conference agreement adopts
a minimum of 8160,000 per State which was
the minimum in part C of title I in the Sen-
ate amendment.
(2) The Senate amendment provided that
not more than 10% of the total funds al-
lotted to a State imder title I shaU be ex-
pended for comprehensive rehabilitation
services for non-vocational goals. The House
bill did not open the basic title I program
to non-employment objectives, but did allow
the entire title in allotment to be used for
that purpose.
(3) The conference agreement calls for a
project grant program instead of a formula
grant program in any fiscal year in which
the appropriations for the program do not
exceed $20,000,000.
Stfite plan
The House bill stated as a condition for
receiving grants under title III that the
State must submit to the Secretary a State
plan.
The conference agreement provides that
to receive funds for FY 1973 under this Act,
a Stale must submit within 180 days after
the date of enactment an amendment to its
plan, submitted to the Secretary under sec-
tion 101 or section 5 of the Vocational Reha-
bilitation Act, which Includes a provision of
comprehensive rehabilitation services, that
such a program will be Included In the sec-
tion 101 plan submitted each subsequent
year, and that services to homebound and
Institutional Individuals be among the serv-
ices that State must demonstrate It has
considered.
The House recedes.
Federal share
The House bill and the conference report
stipulate that the Federal share for this
title will be 90%. The House bill Included a
provision that expenditures by a political
subdivision shall, subject to limitations, and
conditions as prescribed by regulations, be
regarded as State expenditures. The Senate
recedes.
Definition
The House bill defines "severely handicap-
ped Individuals" to mean any individual who
has a disability so serious that it limits sub-
stantially his ability to function in his family
and community and who can reasonably be
expected to improve his ability to live Inde-
pendently if provided with comprehensive
rehabilitation services.
The Senate amendment defines severely
handicapped in terms of the cost and dura-
tion of the services required to enable the
individual to engage In gainful employment,
or his ability to function normally and inde-
pendently in his family or community.
The conference report, as stated earlier in
this statement, does not use the term "se-
verely handicapped Individual". Instead, for
purposes of this title only. It defines the
term "rehabilitation" to mean the goal of
achieving, through the provision of compre-
hensive rehabilitation services, substantial
ability to live Independently or function
normally with his family or community on
the part of a handicapped individual who la
not capable of achieving a vocational goal
Special projects
The House bill but not the Senate amend-
ment authorizes 10%. but not more than
$500,000, of svuns appropriated under title
rn to be used by the Secretary for special
projects for research, demonstration, and
training relating to the rehabilitation of
January J^, 1973
CONGRESSIONAL RECORD — SENATE
161
severely handicapped individuals. The con-
ference report adopts the House provision.
SPECIAL FEDERAL RESPONSIBILITIES
Declaration of purpose
The House bill but not the Senate amend-
ment contained a declaration of purposes
which listed existing Federal responsibilities
in research, training, demonstrations, and
other projects and cited the new centers,
commissions, and services authorized as new
responsibilities. This provision is retained In
the conference agreement as modified to re-
flect the contents of the title.
Grants for construction of rehabilitation
facilities
Both the House bill and the Senate amend-
ment contained provision for Federal grants
for the construction and Initial staffing of
rehabilitation facilities. The provisions were
substantially the same except tliat the
amounts authorized to be appropriated by
the House bill were $35,000,000 for FY 1973.
$45,000,000 for FY 1974, and $55,000,000 for
FY 1975, while the Senate authorized $35.-
000.000 for FY 1973, $40,000,000 for FY 1974,
and $45,000,000 for FY 1975, The conference
report adopts the authorization in the Sen-
ate amendment. The Senate amendment
grouped in section 313 all grant and contract
requirements including those applicable to
construction. This pattern is followed in the
conference agreement.
Vocational training services for handicapped
individuals
The conference report authorizes appro-
priations for grants to provide vocational
training services to handicapped Individuals
in the amounts of $30,000,000 for FY 1973;
$35,000,000 for FY 1974: and $40,000,000 for
FY 1975. This provision differs from the
House bill in that the authorization for this
purpose in the House bill was combined w.th
the authorization for construction of facili-
ties under rehabilitation facilities improve-
ment: it is the same as the Senate provision.
The conference report authorizes the Com-
missioner to pay 90 percent of the cost of
training services to handicapped, especially
liiose with the most severe handicaps, in
rehabilitation facilities, to Include occupa-
tional skill training, work evaluation and
testing, provision of tools and equipment, Job
trv'outs. and payment of weekly allowances.
Allowances may not be paid to an individual
for more than two years and shall not exceed
$30 per week plus $10 for each dependent,
or $70. whichever is the lesser. Grants may
be made only If the project's purpose is to
prepare the handicapped Individual for gain-
ful employment; if those to be trained are
deemed suitable for such purpose by the
State agency; if the full range of training
services is available to all: and if the project
meets other requirements the Commissioner
may prescribe. The provision differs from the
Senate amendment in that under the Senate
amendment the Federal share would be 85
percent rather than 90 percent. It differs from
the House bill in that (1) the projects must
be designed to provide vocational training
services especially to the severelv handi-
capped. (2) under the House bill the allow-
ance may not exceed $65 a week, and (3)
the House phrase "fitness to engage In a
remunerative occupation" Is replaced by the
phrase "capacity to engage in gainful and
suitable employment".
The conference report also authorizes the
Commissioner to make grants to rehabilita-
tion facilities to Improve management effec-
tiveness and other assistance to Improve the
operation of such facilities, but prohibits
grants being used for construction.
Mortgage insurance for rehabilitation
facilities
Both the House bill and the Senate amend-
ment contained jsrovlslons for mortgage In-
surance coverini the construction of re-
habilitation faculties. The House bill, but
CXIX 11— Part 1
not the Senate amendment, stated it would
be the purpose of the provision to assist and
encourage the provision of urgently needed
facilities for programs for the handicapped.
The conference substitute contains the House
declaration.
The Senate amendment authorized insur-
ance for rehabilitation facilities whereas the
House bill authorized Insurance for multi-
purpose rehabilitation facilities. The confer-
ence agreement adopts the Senate provision.
The Senate amendments, but not the
House bill, requires the Secretary to consult
with the Secretary of Housing and Urban
Development In carrying out this section.
This provision Is retained In the conference
agreement.
The House bill authorized 100 percent of
the mortgage to be Insured, but provided
that the mortgage may not Involve a prin-
cipal obligation In excess of $250,000 and
may not exceed 90 percent of replacement
costs. The Senate amendment, in contrast,
authorized Insurance of 90 percent of the
mortgage. The conference agreement adopts
the House provision, except that the
amount of individual mortgages Is limited to
100 percent of the replacement costs.
The conference report Includes a provision
from the Senate amendment, which had no
counterpart In the House bill, allowing the
Commissioner to delegate, pursuant to dele-
gation agreement, to the Secretary of Hous-
ing and Urban Development authority to
administer this mortgage insurance program,
and the program of annual Interest grants
for mortgages for rehabilitation facilities
which is provided for later In the report.
Both the House bill and the Senate amend-
ment authorized appropriations for Initial
capital for the Insurance fund, but the Sen-
ate amendment also provided that the total
amount of outstanding mortgages Insured
may not exceed $250,000,000. The Senate
limitation Is retained in the conference
agreement.
Annual interest grants for mortgages for
rehabilitation facilities
Both the House bill and the Senate
amendment authorized the Secretary to pay
annual Interest grants to States and public
nonprofit agencies to reduce the cost of bor-
rowing for construction of rehabilitation
facilities. The conference report Includes a
provision from the Senate amendment,
which had no counterpart In the House bill,
which subjects this program to the general
grant contract requirements which are de-
scribed later in this statement. Under the
House bill the grant would be not greater
than the difference between the Interest
which would be paid on the loan If It were
borrowed from other sources, and 3 percent.
Under the Senate amendment the grant
would be an amount sufficient to reduce by
3 percent the interest rate otherwise payable
on the loan. Under the conference report the
grant will be sufficient to reduce by 4 percent
the Interest rate otherwise payable or be
one-half of such rate, whichever Is the lesser.
Both versions of the bill authorize neces-
sary appropriations for these grants. They
both provide that the amount payable for
FY 1973 shall not exceed $1,000,000. The
House bill provides that that amount will be
Increased by $3,000,000 for FY 1974. and by
$5,000,000 for FY 1975. In contrast, the Sen-
ate amendment would Increase such amount
by $1,000,000 for FY 1974, and by $2,000,000
for FY 1975. The conference agreement adopts
the Senate figures.
The House bill provided that not more than
12'2 percent of the funds provided for Inter-
est grants may be used In any one State. The
Senate amendment sets this figure at 15 per-
cent. The conference agreement adopts the
Senate figure.
Special programs and projects
Both the House bill and the Senate amend-
ment authorize appropriations for special
projects. The House bill authorizes $100,000.-
000 for FY 1973, $125,000,000 for FY 1974, and
$150,000,000 for FY 1975. The Senate amend-
ment authorizes $50,000,000 for FY 1973.
$100,000,000 for FY 1974, and $150,000,000 for
FY 1975. The conference agreement author-
izes $50,000,000 for FY 1973. $125,000,000 for
FY 1974. and $150,000,000 for FY 1975.
The House bill authorized. In addition, ap-
propriations of $10,000,000 for each year for
migrant programs and provided that, if funds
were not sufficient to pay at least ^j of the
total amounts to fund approved grants, the
Secretary would allocate for grants under
this section the funds appropriated for other
activities under the Act. The Senate amend-
ment made available for migrant programs
10 ^i of the appropriations for special proj-
ects for each year, but also provided that no
more than $10,000,000 shall be used for that
purpose and authorized the appropriation of
the amount necessary to ral.e the funds
available for migrant programs to $10,000,000
where 10'~; of the appropriations for special
projects is less than that amount. The con-
ference substitute adopts the Senate provi-
sion.
The conference report authorizes the Com-
missioner to make grants to pay 90'; of the
cost of projects or demonstrations for the
provision of vocational and comprehensive
rehabilitation services to handicapped indi-
viduals who are migratory agricultural work-
ers or seasonal farm workers, and their fami-
lies. It differs from the Senate amendment in
that cnly 90 -> of the cost of providing these
services will be borne by the United States,
instead of the full amount as under the Sen-
ate amendment.
The conference report authorizes the Com-
missioner to make grants for_p.iying part of
the cost of special projects a'nd demonstra-
tions for establishing facilities and providing
S3rvlces which held promise for expanding or
otherwise Improving rehabilitation services
for the handicapped, especially those with
the most severe handicaps, and for applying
new types or patterns of services or devices
(Including opportunities for new careers for
handicapped individuals and other individu-
als In programs serving handicapped indi-
viduals).
The corresponding provision of the House
bill differed from the conference report in
tiiat It did not contain specific references to
persons who are severely handicapped. It pro-
vided for assistance to projects making a
substantial contribution to the solution of
rehabilitation problems, to all or several
States, and problems related to the rehabili-
tation of individuals with developmental dis-
abilities and other severe handicaps.
National Center for Deaf-Blind Youths and
Adults
Both the House bill and the Senate amend-
ment contained provisions for a National
Center for Deaf-Blind Youths and Adults.
Tlie House bill had open ended authoriza-
tions for FY 1973. FY 1974, and FY 1976, for
this provision. The Senate amendment au-
thorized appropriations of $5,000,000 for FY
1973 for construction, and 8800.000 for that
year for Its operation, $1,200,000 was author-
I'^ed for FY 1974 and $200,000 for FY 1975.
for the operation of the center. Tlie confer-
ence agreement adopts the Senate authoriza-
tion figures.
Rehabilitation Centers for Deaf Individuals
The House bill provided for rehabilitation
centers for deaf youths and adults. The Sen-
ate ame:idment provided for such centers for
deaf Individual^ made certain changes In
termlnologv-, and specified, unlike the House
bill, that no services under the section may
be provided to Individuals who have not at-
tained age 16 and the State ape for compul-
sory school attendance. The House recedes.
The House bill authorizes unlimited appro-
priations for FY 1973. FY 1974. and FY 1975,
for the centers. The Senate amendment au-
62'
I
CONGRESSIONAL RECORD — SEN ATE
January 4., 197 S
horizes the appropriation of $5,000,000 for
: 'Y 1973. $7,500,000 for FY 1974. and 810.-
100,000 for FY 1975. for the centers. The con-
eretjce report would authorize the appro-
)rlat.on of $2,000,000 for FY 1973. 84.000,000
or fcV 1974. and 87.000.000 for FY 1975.
I-
Na\ional Centers for Spinal Cord Injuries
Beth the House bill and the Senat* amend-
nen^ authorized the Secretary to enter Into
igreements with public and nonprofit agen-
;les to pay part or all of the cost of estab-
Ishlng or operating National Center for
Spinal Cord Injuries. The respective versions
)f the bill differ in the stated purposes of
;he program. Under the House bill, the pur-
pose is to demonstrate methods of providing
services to jjersons suffering from spinal cord
injuries and the training of professional and
lined personnel needed to staff these facili-
ties, to conduct research on the problems of
rehabilitating persons suffering from spinal
:ord injuries, and to aid In the conduct of
related activities to expand and improve the
services for or help improve public under-
standing of the problems of persons suffering
from spinal cord injuries. Under the Senate
wnendment. the purposes of the provision
ire to help form a national network of cen-
;ers with special competencies In providing
complete rehabilitation services and acute
medical care to Individuals with spinal cord
Injuries, to assist in meeting the cosi9-«t^
such services to the Individuals, to encourage
and assist In the study and development of
methods for the provision of such services,
and to develop new means of achieving co-
operation among concerned organizations.
Th$ conference agreement adopts the Senate
pro5Pislon except that the establishment of
national centers" is called for rather than a
national network of centers", and that
where appropriate and desirable research and
training related to the study and develop-
ment of methods for the provision of these
services may also be provided.
Grants for services for end-stage renal disease
Both the House bill and the Senate amend-
ment authorized grants for projects for pro-
viding special services for individuals suffer-
ing from end-stage renal disease. The House
bill authorized the appropriation of $25,000.-
000 for FY 1973 and each of the two suc-
ceeding fiscal years for this program. The
Senate bill authorized the appropriation of
$20,000,000 for FY 1973: $25,000,000 for FY
1974. and 830.000.000 for FY 1975. The con-
ference agreement adopts the level of fund-
ing provided by the House, and Includes a
Senate parenthetical which assures that
transplantation and dialysis are included
services.
ReJiabilitation services for older blind
individuals
The Senate amendment, which had no
counterpart in the House bill, authorizes a
program of grants for older blind individuals.
It authorized the appropriation of $10,000,-
000 for FY 1973. $20,000,000 for FY 1974, and
$30,000,000 for FY 1975, for this program.
Funds were allotted among the States on a
formula based on p>opulatlon and relative per
capita income. Older blind individuals were
defined as those aged 55 and over whose
visual impairment makes gainful employ-
ment dlfBcult to obtain. Special provisions
are required to be included in the State's re-
habilitation plan if It Is to participate In this
program. The conference agreement retains
this provision, but modified so that the pro-
gram will be administered on a project basis.
Thus, the provisions for State allotments and
State plans are dropped.
National Policy and Performance Council
The House bill but not the Senate amend-
ment established in the Department of HEW
a National Policy and Performance Council,
consisting of 12 members. The Council ad-
vises the Secretary with respect to policies
and criteria for making grants for rehabili-
tation facility Improvement; makes recom-
mendations to the Secretary on workshop
improvement and the extent of this section
in carrying out its purposes, and performs
other services as requested by the Secre-
tary. The Senate Eunendment contained no
comparable provision, but established a Na-
tional Council on Rehabilitation of the
Handicapped to replace and expand the au-
thority of the National Advisory Council on
Vocational Rehabilitation. The House
recedes.
National Advisory Council on Rehabilitation
of Handicapped Individuals
Both the House bUl and the Senate
amendment provided for the establishment
in the Department of Health, Education, and
Welfare of National Advisory CouncUs. The
Councils created by the two versions of the
bin differ in the following respects:
(1) In the Senate amendment, the Coun-
cil consists of 20 members appointed by the
Secretary. In the House bUl the CouncU con-
sists of the Secretary or his designee and 15
members appointed by the Secretary.
(2i The Senate amendment, but not the
House bill, required that 10 of the 20 mem-
bers must be selected from leading medical,
educational, or scientific authorities with
outstanding qualifications in the field of
rehabilitation of handicapped Individuals.
(3) The Senate amendment further re-
quired that eight of the 20 members of the
CouncU must be persons who are themselves
handicapped or have received rehabilitation
services. The House bill requires that Vii of
the members must be recipients of rehabil-
itation services, including those who are
severely handicapped.
(4) The Senate amendment, but not the
House bill, required the Council to meet
not less than four times a year. The House
bill authorized the Council to review appli-
cations for special projects and make rec-
ommendations with respect thereto. In the
Senate amendment, the Council has a much
broader mandate. Including policy, advice,
and consultation on the planning, conduct,
and review of programs authorized under the
Act reviewing the administration and opera-
tion of vocational rehabilitation programs
under the Act, and advising the Secretary
with respect to the conduct of Individual
evaluations and providing such other ad-
visory services as may be requested.
(5) The Senate amendment, but not the
House bill, authorized the appropriation of
8100,000 for FY 1973, and $150,000 In each
of FY 1974 and FY 1975 to provide technical
assistance and staff support for the Council.
(6) The Senate amendment but not the
House bin. required the Council to review
the possible duplication among rehabilitation
programs and make recommendations.
The conference agreement Includes the
provisions of the Senate amendment, but
with changes to make its services available
to the Commissioner as well as to the Sec-
retary.
State advisory councils
The Senate amendment required each
State to establish a State advisory council.
Such councils were to advise the Governor
or State agency on policy matters of admin-
istration of the State plan, to advise on long-
range planning and studies, to evaluate pro-
grams assisted under the Act, and to submit
to the Governors and the Council an annual
report of Its recommendations and com-
ments. Councils must meet at least four
times a year and have one public meeting
each year. Under the Senate amendment the
councils would have been funded from a 1 7o
set-aside from the State's title I allotment.
There are no comparable House provisions.
The conference report follows the provi-
sions of the Senate amendment, except that
( 1 ) funding Is separately authorized at 82
mUllon for each of FY 1973, 1974, and 1975,
and (2) the States are not required to es-
tablish councUs In order to receive funds
under the Act.
General grant and contract requirements
The Senate amendment provides In one
section the requirements which must be met
with respect to all projects assisted under
the special Federal responsibilities title. In-
cluding the following:
(1) Construction projects must be used as
public and nonprofit facilities for not less
than 20 years:
(2) Sufficient funds must be available to
meet the non-Federal share;
(3) Annual reports must be submitted:
(4) Plans and specifications must give due
consideration to excellence of architecture
and works of art:
(5) Plans must comply with regulations
concerning occupational safety and health
and comply with the Architectural Barriers
Act;
(6) Applications must meet Davis-Bacon
requirements;
(7) The Federal Government shall be en-
titled to reimbursement for facilities used
for other than what we intended within 20
years after date of completion;
(8) Completion of grants may be made in
advance or by reimbursement;
(9) Authorizes construction of residential
accommodations when necessary In connec-
tion with workshops;
(10) Prohibits use of funds for facilities
which will be used for religious worship;
(11) Requires that funds be utilized con-
sistent with State plans;
(12) Requires the Secretary to afford State
agencies reasonable opportunity to comment
on applications.
Comparable House provisions are for the
most part authorized in individual sections.
This section is adopted in the conference :
substitute.
TITLE IV RESEARCH AND TRAINING
Title IV of the Senate bni consolidated all
research and training activity in a new title.
There is no comparable consolidation in the
House bill. Title IV of the Senate amendment
provided specific authority as follows:
Declaration of purpose
The Senate amendment authorized assist-
ance to the States to plan and conduct re-
search, demonstration, and related activities
In the rehabilitation of handicapped persons
and to plan and conduct training courses to
increase the number of and skills of reha-
bilitation personnel.
Authorisation of appropriations
The Senate amendment authorized the fol-
lowing appropriations for research:
Fiscal year:
1973 $75,000,000
1974 100,000,000
1975 150.000,000
The amount appropriated each fiscal year
15 per centum in FY 1973 and 25 per centum
for each of the two subsequent fiscal years
shall be for the priority research categories
listed below.
Section 30Ha)(2) of the Senate amend-
ment authorized the following appropriations
for section 303 (training) :
Fiscal year:
1973 $50,000,000
1974 75.000.000
1975 100.000,000
All funds appropriated pursuant to this
section shall remain available untU expended
Research
The Senate amendme.it .authorized grants
to and contracts with States a id other rr-
ga;ii7attor..s to pay part of the cost of projects
'.o plan a id crj-.d-ict researcl\ demonstra-
tions, aid related activities to develop meth-
ods, proced'ires. and devices to provide voca-
tional and comprehensive rehabilitation serv-
ices to handicapped and severely handicapped
individuals. Such projects may include medi-
cal, sciertiflc and other Investigations into
the nature of disability, methods of analyz-
ing it, and restorative techniques, studies
January 4, 1973
CONGRESSIONAL RECORD — SENATE
163
and <tinalyses of factors affecting the reha-
bilitation of handicapped individuals, and
special problems of homebouud and institu-
tionalized Individuals, and related activities
which hold promise of Increasing knowledge
and improving methods In rehabilitating
handicapped individvials.
The Senate amendment established the
foUowing priority research categories:
(1) Authorizes grants to pay part or all
of the costs of activities to establish and sup-
port Rehabilitation Research and Training
Centers operated with Institutions of higher
education to coordinate and advance pro-
grams of research and training In rehabilita-
tion.
(2) Authorizes grants for the establish-
ment and support of Rehabllitatlcn Ent^i-
neering Research Centers to apply advanced
techm.logy and other knowledge in solving
rehabilitation problems through research. In-
cluding cooperative research with ether or-
ganizatioiis designed to produce new knowl-
edge, equipment and devices. Also provides
for cooi>eration with the Office for the Handi-
capped in developing Information exchange
systems and coordination to promote utiliza-
tion of engineering: and other research.
(3) Authorizes a program for spinal injury
research in support of the National Centers
for Spinal Cord Injuries. The purpose of such
research is to l;i<i'jrc dissemination of re-
search findings among all spinal and injury
centers, provide encouragement and support
for ne-v approaches, and establish close work-
ing relationships with other organizations
to unify and coordinate scientific efforts, en-
courage joint planning, and promote the
Interchange of data and reports among spinal
cord Injury investigators.
(4) Authorizes a program for international
rehabilitation research, demonstration, and
training to develop new knowledge in re-
habilitating handicapped individuals. The
purpose of such program also would be to
cooperate with other nations in sharing and
developing information in rehabilitation, and
Initiating a program to exchange experts
and technical assistants with other nations.
The Senate amendment applies the general
provisions of section 313, unless the context
Indicates to be the contrary; particularly
noteworthy is the provision that funds used
for direct services to handicapped individu-
als shall not be inconsistent with the State
plan approved under section 101.
Training
The Senate amendment authorized the
payment of part of the cost of training and
related activities to Increase the number and
skills of trained rehabilitation personnel.
It is provided that funds under this sec-
tion will be utilized for projects in rehabili-
tation medicine, rehabilitation counseling,
rehabilitation social work, physical therapy,
occupational therapy, speech pathology,
speech audiology, rehabilitation nursing,
workshop and faculty administration, pros-
thetics and orthotics, psychology, specialized
personnel for deaf and blind persons, recrea-
tion for Ul and handicapped individuals and
■other fields contributing to rehabilitation, in-
cluding for homebound and institutionalized
Individuals. Education grants are limited to
no* more than 4 years.
Reports
The Inclusion In the annual report, of a
report with respect to research- and training
activities undertaken pursuant to this title.
Is required, with emphasis on the contribu-
tion of such activities to the improvement of
vocational and comprehensive rehabUltation
services.
The conference report retains the Senate
research and training provisions with con-
forming amendments.
ADMINISTRATION AND PROGRAM AND PROJECT
EVALUATION
Administration
Both the House bill and the Senate amend-
ment authorized the provision of training
and instruction in technical matters relating
to vocational rehabUltation services. Under
the House bill training may not exceed a
four-year period, whereas under the Senate
bill it may not exceed a two-year period. The
Senate recedes.
The House bill atUhorlzed the Secretary to
make rules and regiuations governing the ad-
miuLstration of this Act. In the Senate
amendment, the Secretary Is authorized to
make rules and regulations governing the
administration of titles IV. V. and VI of the
Act, and such rules and regulations and
those prescribed by the Commissioner of the
Rehabilitation Services Administration un-
der titles I. II. and III pre required to be
published In the Federal Register on an in-
terim basis within 90 days after enactment
cf the Act.
The Senate amendment, but not the House
bill, required the Secretary to Insure maxi-
mum ccordinatiou and consultation with
the Administrator of Veterans' Affairs con-
cerning programs for the rehabUltation of
disabled veterans. This requirement Is re-
tained in tlie conference agreement.
Program and project evaluation
Both the House bill and the Senate amend-
ment require the Secretary to evaluate all
programs authorized under the Act and to
determine their effectiveness. The Senate
amendment, but not the House bill, requires
that in the case of research and related ac-
tivities, the Secretary is to reassess pricritles
for such research and related activities and
to review existing research and related ac-
tivities to determine the basis for their con-
tinuation, revision or termination. In this
connection, under the Senate amendment,
the Secretary is furti^er required to submit an
annual report to the appropriate Committees
of the Congress on his review of research ac-
tivities. Tlie House recedes.
Both the House bill and the Senate amend-
ment require that the Secretary consider
the extent to which standards for evaluation
have been met in deciding whether to renew
or supplement financial assistance. Under
the Senate amendment, but not the House
bUl, such decisions must be made In accord-
ance with the procedural protection govern-
ing approval and disapproval of State plans
under title I. The House recedes.
The House bill requires that the Secretary
publish the results of evaluative research and
evaluations of program and project Impact
and effectiveness no later than sixty days af-
ter the completion thereof. This is also re-
quired in the Senate amendment. However,
in the Senate amendment, publication is re-
quired no later than 90 days rather than 60
days, and summaries of evaluations rather
than evaluations themselves are to be pub-
lished. In addition, the Senate amendment
but not the House bUl requires that copies
of all such research studies and evaluation
summaries be submitted to the appropriate
committees of Congress. The House recedes.
The House bill authorizes the appropria-
tion of ^uch sums as the Secretary may re-
quire for evahmtlon, but not to exceed 1 per
centum of the funds appropriated under ti-
tle I or $2,000,000. whichever Is greater. The
Senate amendment authorizes to be appro-
priated such sunis as the Secretarv' may re-
quire, but not to exceed an amount equal to
one-half of 1 per centum of the funds appro-
priated under titles I, II, and III of the Act
or $2,000,000, whichever Is greater. The Sen-
ate provision is retained In the conference
report with conforming modifications.
Both the House bUl and the Senate amend-
ment require that the annual report Include
statistical data reflecting vocational rehabUl-
tation services provided handicapped Indi-
viduals. The Housf bill requires statistical
data reflecting services provided each handi-
capped Individual, whereas the Senate
amendment requires statistical data reflect-
ing "with the maximum feasible detail" serv-
ices provided handicapped Individuals. The
House recedes.
The Senate amendment, but not the House
bUl, specifically requires that the report In-
clude a detaUed evaluation of services pro-
vided to severely handicapped individuals.
The conference report retains this provision
with conforming amendments.
Sheltered workshop study
The House bUl authorizes the Secretary to
conduct a special study of sources of Income
and other financial support presently being
received by handicapped persons employed In
workshops. The Senate amendment contains
similar provisions, but includes a study of the
role of sheltered workshops in rehabilitation
and employment of handicapped individuals.
The study wUl Incorporate guidelines In ac-
cordance with criteria In resolutions adopted
by the Committee on Labor and Public Wel-
fare, the Committee on Education and Labor,
or both. The Senate amendment further re-
quires site visits and Interviews of handi-
capped trainees and clients and prohibits the
awarding of contracts to individuals or
groups with financial or direct Interest In
sheltered workshops. The report and recom-
mendations wUl be due 24 months after en-
actment of the Act In the Senate amend-
ment and not later than July 1, 1973, In the
House bill. The conference report adopts the
provisions of the Senate bUl with an amend-
ment that the study be "original".
The conferees generally approve the Senate
committee resolution adopted September 22,
1972, which states as follows:
RESOLUTION OF THE U.S. SENATE, COMMITTEE
ON L.\BOR AND PUBLIC WELFARE, AD0PT]?D
SFPTEMBER 22. 1972
Whereas Section 405(a) of the Rehabilita-
tion Act of 1972 directs the Secretary of
Health, Education and Welfare to carry out
a Study of sheltered workshops under criteria
set forth In resolutions by the Committee on
Labor and Public Welfare:
Whereas the Committee finds that such
study must be comprehensive In nature and
has formulated a series of questions relating
to the role of workshops, the number of in-
dividuals employed in workshops, the
amount of funding provided to workshops
under this Act, and the relationship between
workshops and other programs for handi-
capped Individuals, and programs for voca-
tional training;
Whereas the Committee presents the fol-
lowing questions to be answered and by Ust-
ing these questions does not intend to limit
the scope of the study;
Be it resolved that the (>>mmlttee on Labor
and Public Welfare believes the following
questions must be covered along with other
pertinent Information by the study:
1. What should be the role of sheltered
workshops or rehabilitation facilities? To
what degree does the presept system of work-
shops fulfiU this role? How does this role
relate to the broader continuum of employ-
ment and day care settings?
2. How many sheltered employment set-
tings (workshops, rehabilitation facilities,
work activity centers, etc.) are now In exist-
ence? How many handicapped individuals do
they employ? What Is the nature and degree
of their responsibilities? How many staff are
employed?
What are their Job functions and qualifica-
tions? Describe the work opportunities pro-
vided Including a measure of the range of
complexity of the Jobs available in each
workshop. How much money is paid by the
State Vocational Rehabilitation agency to
"workshops" on an individual basis by state?
3. What are the stafidards used by voca-
tional rehabilitation agencies to deterTRne
that a sheltered workshop or other rehabili-
tation facility Is the most suitable in the
commimity or state for training or employ-
ing a handicapped Individual? What alterna-
tives are considered and what rights does a
handicapped Individual have In selecting the
site and type of training or employment to
be provided?
I
164
CONGRESSIONAL RECORD — SENATE
January ^, 1973
4. How many handicapped Individuals are
paced lor training In workshops by state
V x;ational rehabilitation agencies? How
n luch money is paid by the state agency for
t lese training services? What is the length
0 : training? What type of training Is pro-
V ded? How many Individuals are placed in
c jmpetltive employment following tralrUng?
: ow many handicapped Individuals are
p laced in sheltered workshops for extended
e-aluation? How much money is paid by
t le state agency for these services? How
n lany are placed In employment outside of
a workshop, or unplaced of those evaluated?
1 o what extent are handicapped Individuals,
paced In workshops by rehabilitation agen-
c es for training purposes, Integrated with
e ctended evaluation clients and terminal
e nployees of the workshop? What is the
!i ature and degree of the handicaps of the
individuals placed In workshops for train-
ing OT extended evaluation purposes?
5. How many handicapped individuals are
i: I extended employment In sheltered work-
s lops? What is the nature and degree of their
handicaps? What type of employment ac-
t vltles are provided? How many Individuals
a -e ultimately placed in competitive em-
ploymeat?
6. How many 'Individuals In workshops are
ill terminal employment? What is the nature
aid degree of their handicaps? What are the
s andards used by rehabilitation agencies or
V orkshop personnel for determining that
t lese individuals are incapable of competl-
t ve employment? How might careers ladder
o jportunitles within workshops be devel-
0 aed to enable handicapped individuals to
n lOve into competitive employment?
7. What are methods for the determina-
c on of wages for handicapped Individuals
111 workshops? What distinctions are there
b?tween piece work and hourly employees?
i ow many persons are receiving wage sub-
s dies? What are the amounts of such sub-
s dies and the sources of funding for such
subsidies? What effect do wage payments
ii ave on the amount of public assistance re-
c ;ived by handicapped individuals In work-
s lops. since assistance payments vary from
s ate to state? What is the relationship of'
t le Industrial efflciency of the workshop to
t le amount of wages paid? What is the rela-
t onshlp of t^e types of contract work per-
f jrmed by workshops to the amount of
\i ages paid to employees? What Is the rela-*
t onshlp of the specific abilities of the em-
p ioyees to the contract capability and wage
F ayments? Do workshops for any par-
t cular type of handicapped Individuals
g snerally pay higher wages than those paid
i 1 other workshops? If this Is true, Is It be-
c luse of their contract work or because they
r iceive their contracts through a single
?ntrce? How are contracts procured? Is the
t ,-pe of contract pursued by a workshop re-
1 ited to the ne€ds of present workers, or are
workers selected by jobs available? Are there
any state, regional or national procurement
a tid coordination processes available for ob-
t lining contracts for sheltered workshops?
\.'hat should such a process entail? Compare
•J age payments to handicapped workers in
s neltered workshops to payments made for
-^ Imillar employment to workers In compet-
i live employment In comparable labor
r larkets or otherwise.
8. Has the Wage Hour and Public Contracts
IHvlslon of the Department of LibT issued
( ertlflcatlons of exemption from the prevall-
1-sg mlnlmvim w-tge for Individual handicap-
fed workers witM-^ worl'shons or ha-p t^ev
1 leen Issued on a blanket basis per workshop?
'. low many sheltered workshops have been Is-
iued exemptions from the minimum wage
' mder section 6 of the Pair Labor Standards
let as work activity centers? What Is the na-
1 lire and degree of handicaps of handicapped
ndlvlduals in such centers? To what degree
las the number of such exemptions Increased
innually since 1967? How often do officials
of the Wage Hour and Public Contracts Di-
vision Inspect sheltered workshops and work
activity centers to determine compliance
with minimum wage requirements? How
often do officials of the Department of
Health, Education and Welfare Inspect shel-
tered workshops? Officials of State agencies?
9. What fringe benefits are provided to
handicapped Individuals In extended or ter-
minal employment in sheltered workshops
(e.g. coverage under the Old Age, Survivors
and Disability Insurance Program and Medi-
care of Title II and Title XVH of the Social
Security Act; unemployment compensation;
health care and retirement plans to which
other non-handicapped workshop employees
are entitled; and collective bargaining)?
10. What is being done to coordinate the
wide variety of vocational training programs
administered by the Rehabilitation Services
Administration, the Office of Educaton and
the Department of Labor for severely handi-
capped Individuals who appear to have a high
chance of requiring sheltered employment for
some period of time?
11. Discuss and analyze the possible forms
of wage supplements, their advantages and
disadvantages, and their effects where
applied.
OmCE FOB THE HANDICAPPED
The Senate amendment establishes an Of-
fice for the Handicapped within the office of
the Secretary to be headed by a Director. This
Office Is charged with the preparation of a
five-year planning document for the provi-
sion of services to handicapped Individuals,
the analysis and review of program operation
and budgeting to assure progress toward im-
plementation of such a plan, providing as-
sistance to advisory committees and pro-
grams which serve the Secretary, the coordi-
nation and encouragement of cooperative
planning among programs for handicapped
individuals, taking steps to assure the prompt
utilization of engineering and other research
to assist in solving problems of handicapped
Individuals, and the evaluation of existing In-
formation systems In order to develop a co-
ordinated system of Information retrieval and
dissemination. For this purpose, there Is
31,000,000 authorized for FY 1973, 82.000 000
for FY 1974, and $2,000,000 for FY 1975. There
are no comparable House provisions.
The conference report Includes these pro-
visions with several amendments to make
clear the relationship of this Office to existing
operating programs.
The Conference agreement directs the
Office to prepare, with the assistance of and
In consultation with agencies of the Depart-
ment of Health, Education, and Welfare and
other departments and agencies, handicapped
Individuals and public and private agencies
and organizations, a long-range projection
for the provision of comprehensive services
to handicapped Individuals, with the under-
standing that such projection shall relate
Individual agency plans to one another In
order to provide maximum effectiveness, sen-
sitivity and continuity In the provision of
services to handicapped Individuals. It
should be clear that this long-range projec-
tion for services shall represent the direction
toward which the Department Intends to
proceed In providing services to handicapped
Individuals and shall Include a plan for
Implementation. Including costs of such
plans. Under no circumstances do the Con-
ferees Intend that this projection be Imple-
mented without opportunity for Con^ires-
sioml review and enactment of any neres.sary
authorizing legislation.
The Conference agreement further deletes
all reference to budgeting and provides lan-
guage to make clear that such Office shall be
vested only with advisory functions and that
no authority has been provided to this Office
for budgetary, policy, or program control by
the Office over any program, except as such
authority relates to a central clearinghouse
for Information and resource availability.
The conferees Intend that no operating pro-
gram shall report to, or through such office
to the Secretary.
The House bill established a National In-
formation and Resource Center under title
IV of the House bill to collect, review, orga-
nize, publish and disseminate information
and data related to problems caused by
handicapping conditions in title rv.
The Senate bill and the Conference agree-
ment direct the Office for the Handicapped
to serve as a clearinghouse for information
and resources through the evaluation of *-
existing information and data systems in
order Jo develop within the Department of
Health, Education, and Welfare a coordi-
nated system of data and Information re-
tHeval and dissemination. It Is the Intent
of the Conference agreement that maximum
utilization should be made of existing in-
formation and data systems and that, as a
pri.orlty, this Office will Identify data. In-
formation and statistical needs. The Con-
ferees emphasize that where data, informa-
tion and statistics do not exist or are not
currently available, the Office will take im-
mediate action to ensure that such data.
Information and statistics are collected and
will be made available for use by the Con-
gress the Secretary, operating programs,
and interested Individuals and organizations.
TITLE VII. — MISCELLANEOUS
Effect on existing laws
The Senate amendment but not the House
bill repealed the Vocational Rehabilitation
Act 90 days after the date of enactment of
the new Act, and further provided that ref-
erences to such Act In any other provisions
of law shall 90 davs after enactment, be
deemed to be references to the Rehabilitation
Act of 1972. There were no comparable
House provisions. The House recedes.
Federal Interagency Comvuttee on
Handicapped Employees
The Senate amendment established the
Federal Interagency Committee on Handi-
capped Emplovees. comprised of the heads of
the Civil Service Commission, the Veterans
Administration, and the Departments of
Labor and Health, Education, and Welfare.
The Chairmen of the President's Committee
on Employment of the Handicapped and of
the President's Committee on Mental Re-
tardation are ex officio members; the Com-
missioner of the Rehabilitation Services Ad-
ministration serves as the Executive Direc-
tor, and the Secretary of Health, Education,
and Welfare as chairman of the Committee.
The various departments and agencies In the
Executive Branch are required to submit an
affirmative action program concerning the
hiring, placement and advancement of hand-
icapped individuals; the Committee Is to
develop and recommend to the Secretary of
Health, Education, and Welfare procedures
for hiring the handicapped Individuals. The
Committee shall report to the Congress on
June 30, 1973. regarding the status of the
handicapped employed by the Federal Gov-
ernment, along with Its recommendations.
This section also prohibits volunteer work In
a government from being considered Federal
emplovment for certain purposes; and au-
thorizes appropriations of $1 million for FY
1973 and $1,250,000 for FY 1974. There were
no comparable House provisions. The House
recedes.
National Commission on Transportation and
Housing for Handicapped Individuals
The House bill established a National Com-
mission on Transportation and Housing for
the Handicapped headed bv the Secretary of
Health, Education, and Welfare or his desig-
nee.
The membership of the Commission is not
to exceed 15 members, with the Secretary of
Housing and Urban Development, the Secre-
tarv of Transportation, and the Secretary of
the Treasury (or their designees) serving as
January If, 1973
CONGRESSIONAL RECORD — SENATE
165
ex officio members. The purpose of the Com-
mission shall be to study problems and make
recommendations with respect to transporta-
tion and housing for the handicapped. There
was no comparable Senate provision.
The conference agreement retains the es-
sential elements of the House bill by estab-
lishing a National Commission on Trans-
portation and Housing for Handicapped In-
dividuals and requiring the coordination of
such Commission with the Architectural and
Transportation Compliance Board.
Architectural and transportation barriers
compliance board
The Senate amendment established the
Architectural and Transportation Barriers
Comr)liance Board ccmposed of the heads of
t\e DeTjartme.its of Health, Education, and
Welfare, Tra.ioportatlrn Housing and Urban
Develo- n-.ent. General Services Administra-
tion, t^e Department of the Interior, the
U.S. Postal Services, the Veterans Adminis-
tration, and the Dapaitmant cf Labor. The
function of the Board Is to insure compli-
ance with standards prescribed by GSA. Tlie
Department cf Defen-;e, and HUD pursuant
to the Architectural Barriers Act of 1968, and
maks appropriate Investigations, and issue
nece.ssary orders. The Board Is authorized to
appoint necessary hearing examiners and re-
ceive administrative assistance for the Board
by involved agencies. An annual report to
Ccngress and an avithorization of $1 million
for FY 1973. $1,250,000 for FY 1974. and
$1,500,000 for FY 1975 are provided for. There
were no ccmparable House provisions. The
House recedes with a conforming amend-
ment requiring coordination between the
Board and the National Com.mission on
Transportation and Housing of Handicapped
Individuals.
Employee under Federal contracts
The Senate amendment required that any
Federal procurement contract contain a pro-
vision requiring Federal contractors and sub-
contractors to take affirmative action to em-
ploy qualified handicapped Individuals. These
provi.-lorLs shall be implemented 90 days
after enactment. A complaint may be filed
by any aggrieved handicapped Individual
with the Department of Labrr, which shall
investigate and take approorlate actions.
Tliere was no comparable Hotise provision.
The House recedes!
Nondiscrimirmtion under Federal gi^ants
The Senate amendment provided th~at no
otherwise qualified individual shall be dis-
criminated against or excluded from partici-
pation In or benefits of any program or activ-
ity receiving Federal assistance. There was
no comparable House provision. The House
recedes.
RANDOLPH-SHEPPARD ACT FOR THE BLIND
AMENDMENTS
The conference report does not include
title VII from the Senate amendment, relat-
ing to the RandolphtSheppard Act for the
blind. Under the Rules of the House of Repre-
sentatives, and pursuant to the Legislative
Reorganization Act of 1970. such title would
not be considered germane and would thus
be subject to a point of order in the House.
The conferees stress that exclusion of title
VII Is not due to any lack of concern for.
or disregard of the need for. strong and
forward-looking amendments to the Ran-
dolph-Sheppard Act. The conferees expect
that both committees will consider these
matters in depth after the 93d Congress
convenes.
The conferees are deeply concerned that
the Congress has not been able to obtain any
definitive Information concerning legitimate
uses of vending machine Income on federally-
controlled property. In view of this concern,
the conferees urge that the General Account-
ing Office conclude, at the earliest possible
date. Its audit and study of such funds and
their legitimate uses made pursuant to res-
olution of the Subcommittee on tne Handi-
capped of the Senate Committee on Labor and
Public Welfare; and that any recommenda-
tions of the General Accounting Office In-
clude recommendations with respect to pro-
cedures to insure full public disclosure and
accountability with respect to the use of
such funds.
Carl D. Perkins,
John Brademas,
Patsy T. Mink,
Albert H. Qttie,
^ Orval Hansen,
Managers on the Part of the House.
Alan Cranston,
Jennings Randolph,
Harrison Williams,
Claiborne Pell,
Edward M. Kennedy,
Walter F. Mondale.
Adlai E. Stevenson,
Robert T. Stafford,
Robert Taft,
J. Javits.
Richard S. Schweiker,
J. Glenn Beall, Jr.,
Managers on the Part of the Senate.
Reh.xbilitation Act of 1972 — H.R. 8395
This measure would serlously/neopardlze
the goals of the vocational rehabilitation pro-
gram and is another example of Congres-
sional fiscal Irresponsibility. Its provisions
would divert this program from its basic
vocational objectives into activities that have
no vocational element whatsoever or are es-
sentially medical In character. In addition. It
would proliferate a host of narrow categorical
programs which duplicate and overlap exist-
ing authorities and programs. Such provi-
sions serve only to dilut« the resources of
the vocational rehabilitation program and
impair its continued valuable achievements
in restoring deserving American citizens to
meaningful employment.
H.R. 8395 also would create organizational
rigidities in the vocational rehabilitation pro-
gram which would undermine the ability of
the Secretary of HEW to manage the program
effectively. The bill also would establish
numerous committees and independent com-
missions which are unnecessary, would waste
the taxpayers' dollars, and would complicate
and confuse the direction of this program.
Finally, the bill would authorize funding far
in excess of the budget request and far be-
yond what can be made available and used
effectively.
Richard Nixon.
The White House, October 27, 1972.
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That this Act,
with the following table of contents, may be
cited as the "Rehabilitation Act of 1972".
TABLE OF CONTENTS
Sec.
2.
Declaration of purpose.
Sec.
3.
Rehabilitation Services Administra-
tion.
Sec.
4.
Advance funding.
Sec.
5.
Joint funding.
Sec.
6.
Consolidated rehabilitation plan.
Sec.
7.
Definitions.
Sec.
8.
Allotment percentage
Sec.
9.
Audit.
Sec.
10
. Nonduplicatlon.
TITLE
I— VOCATIONAL REHABILITATION
SERVICES
Part A — General Provisions
Sec. 100. Declaration of purpose: Authorlzar
tion of appropriations.
Sec. 101. State plans.
Sec. 102. Individual written rehabilitation
program.
Sec. 103. Scope of vocational rehabilitation
services.
Sec. 104. Non-Federal share for construction.
Part B — Basic Vocational Rehabilitation
Services
Sec. 110. State allotments.
Sec. 111. Payments to States.
Sec. 112. Client assistance
Part C — Innovative and Expansion Grants
Sec. 120. State allotments.
Sec. 121. Payments to States.
TITLE n— COMPREHENSIVE REHABILITA-
TION SERVICES
Sec. 200. Declaration of purpose; Authoriza-
tion of appropriations.
Sec. 201. State allotments.
Sec. 202. Payments to States.
Sec. 203. State programs.
Sec. 204. Special projects.
Sec. 205. Definition.
TITLE III— SPECIAL FEDERAL
RESPONSIBILITIES
Sec. 300. Declaration of purpose.
Sec. 301. Grants for construction of rehabil-
itation facilities.
Sec. 302. Vocational training services for
handicapped individuals.
Sec. 303. Mortgage insurance for rehabilita-
. tion facilities.
Sec. 304. Annual interest grants for mort-
gages for rehabilitation facilities.
Sec. 305. Special projects and demonstra-
tions.
Sec. 306. National Center for Deaf-Blind
Youths and Adults.
Sec. 307. Rehabilitation Centers for Deaf
Individuals.
Sec. 308. Rehabilitation Centers for Spinal
Cord Injuries.
Sec. 309. Grants for services for end-stage
renal disease.
Sec. 310. Rehabilitation services for older
blind Individuals.
Sec. 311. National Advisory Coimcll on Re-
habilitation of Handicapped In-
dividuals.
Sec. 312. State advisory councils.
Sec. 313. General grant and contract re-
quirements.
TITLE IV— RESEARCH AND TRAINING
Sec. 400. Declaration of purpose.
Sec. 401. Authorization of appropriations.
Sec. 402. Research.
Sec. 403. Training.
Sec. 404. Reports.
TITLE V— ADMINISTRATION AND PRO-
GRAM AND PROJECT EVALUATION
Sec. 500. Administration.
Sec. 501. Program and project evaluation.
Sec. 502. Obtaining Information from Fed-
eral agencies.
Sec. 503. Authorization of appropriations
Sec. 504. Reports.
Sec. 505. Sheltered workshop study.
TITLE VI— OFFICE FOR THE
HANDICAPPED
Sec. 600. Establishment of Office.
Sec. 601. Function of Office.
Sec. 602. Authorization of appropriations.
TITLE VII— MISCELLANEOUS
Sec. 700. Effect on existing laws.
Sec. 701. Federal Interagency Committee on
Handicapped Employees.
Sec. 702. National Commission on Trans-
portation and Housing for Handi-
capped Individuals.
Sec. 703. Architectural and Transportation
Barriers Compliance Board.
Sec. 704. Employment under Federal con-,
tracts.
Sec. 705. Nondiscrimination under Federal
grants.
declaration of PtmPOSE
Sec 2. The purpose of this Act Is to pro-
vide a statutory basis for the Rehabilitation
Services Administration, to establish within
the Department of Health, Education, and
Welfare an Office for the Handicapped, and
to authorize programs
IfiC)
CONGRESSIONAL RECORD — SENATE
i ps
gi.ge
P
tl
1
P-
d?
p -ov
o'
ht:
S TV
r ■
of
January 4,
1973
( 1 1 develop and Implement comprehensive
a»d cc^itlnuing S'ate plans for meeting the
cirren: and future needs for providing vo-
ci tional rehabilitation services to handl-
es pped indi- Idiials and to provide such serv-
Ic ;s for the benefit of such Individuals, serv-
Ir g first those with the most severe handi-
caps so that they may prepare for and en-
In gainful employment:
2) evaluate the rehabilitation potential
har.dlcappcd individuals;
(3) develop, imp^emeut, and provide ccm-
ehe slve rehabilitation service; to meet
e current and future needs of handicapped
: dividuals for v.hom a vocational goal 'is
\ possible or feasible so that they may Im-
.te their ability ^o live "vith greater in-
peudence and self-suificlency:
1 4) assi:,t in the construction and Im-
veme it of rehabilitation facilities:
(5» develop new and I'-.novative methods
applying the most advanced medical tech-
i3log>-. icle::tlfic achievement, and psycho-
logical and sjcial knowledge to s(-lve reha-
litr.tion problems and develop nsw and In-
rvaiive methods oi providing rehabllitr.tion
ices to handicapped li:dlviduals through
sesrch. ."{-ecial projects, and demonstra-
c:ns:
id I initiate and expand services to groups
handicapped individi-als (It^cluding those
no ar-' home"ooi;nd and institutionalized)
ho have been underserved in the past; ^
i7i direct the conduct of varioiis st'.'dles
:id experiments to focus on long neglected
rnbli^m nrea!^:
(8) promote and expand employment op-
iJcwtiTlTies 1 ' the public and private sectors
iich ii^dividnals in employment;
i3( establish client assistance pilot proj-
cis.
1 10) provifle assistance for the purpose of
ucreasii-B the number of rehabliltation
ersoniie; and Increasing their skills through
rairing: and
( 11 ( evaluate existir.e aoproaches to arch-
ectural and tra.;sportation barriers con-
1 renting haiidicapped individuals, develop
ev siich approaches, enfc rce statutory and
^iTUlatcry star.dr>rds and requirements re-
! arding barrier-free construction of public
nc!llti.->.s .I'-.d study and dt'vcloD solntior.s
lo existing housing and transportation bar-
ner ijnpeding handicapped individuals.
REHABILITATION SERVICES ADMINISTRATION
Sfc. 3. c> T-.ere ''lall be in t^e De^;;rt-
; nent of Health. Education, and Welfpre a
: lehabilitation Services Administration
.hich shall be adonirlstered by a Commis-
: loner i hereinafter referred to as the "Com-
I nUsloi:er"t . The Commissioner sha'l carry
iiut and administer all programs and direct
he pprform-ir.cp of all services for wMch
lUthority is provided under titles I through
V bf this Act. %
(bi There shall be within such Adminls-
rarion a Division of Research. Training, and
^valuation, which shall be responsible for
I irrylng out programs and projects under
itle IV of this Act. There shall be within such
Division a Center for Technology Assessment
md Application, which shall be respon-
ilL)le for developing and supporting, and
stimulating the development and utilization
lincludmg production and distribution of
tew and existing devices) of. innovative
methods of applying advanced medical tech-
lology, scientific achievement, and psycholo-
rlcal and social knowledge to solve rehabilita-
tion orcblems. and for administration of the
activities described in section 402(b)(2).
Such Division shall be directed by an Assist-
ini Commissioner, who shall be responsible
to the Commissioner and shall be a person
Df outstanding scientific and technological
achievement and lea^ln^ and shall carry
out his responsibilities in consultation with
the National Science Foundation and the
National Academy of Sciences, and shall be
assigned at least ten full-time positions, five
of which shall he filled by professionals of
qualifications similar to the Assistant Com-
missioner.
(C) The Secretary shall take whatever
action is necessary to Insure that funds ap-
propriated pursuant to this Act, as Well as
unexpended appropriations for carrying out
the Vocational Rehabilitation Act (29 U.S.C.
31-42). are expended only for the programs,
personnel, and administration of programs
carried out under this Act.
(d) In order to carry out the purposes of
this Act —
(1) the number of positions authorized
by section 5108(a) of title 5. United States
Code, and assigned to the Rehabilitation
Services Administration, is Increased by ten,
and
(2) the authorized level of full-time per-
sonnel, or the equivalent, assigned to the
Rehabilitation Services Administration to
carry out duties related to the administra-
tion of this Act, is increased by sixty. '
ADVANCE FUNDING
Sec. 4. I a) For the purpose of affording
adequate notice of funding available under
this Act, appropriations under this Act are
authorized to be Included in the appropria-
tion Act for the fiscal year preceding the
fiscal year for which they are available lor
obligation.
lb) In order to effect a transition to the
advance funding method of timing appro-
priation action, the authority provided by
subsection (a) of this section shall apply not-
withstanding that its initial application will
result in the enactment in the same year
(Whether in the same appropriation Act or
otherwise) of two separate appropriations,
one for the then current fiscal year, and one
for the succeeding fiscal year.
JOINT FUNDING
Sec. 5. Pur.suant to regulations prescribed
by the President, and to the extent con-
sistent with the other provisions of this Act,
wi-.ere funds are provided for a single proj-
ect "jy more than one Federal agency to an
agency or c rjanizatlou assisted under this
Act, the Federal a.:^ency principally Involved
may be designated to act for all in admin-
istering the funds provided, and, in such
cares, a single non-Federal share require-
ment may be established according to the
proportion of funds advanced by each agency.
When the principal agency involved is the
Rehabilitation Services Administration, It
mr.y ..aive any grant or contract requirement
(as defined by such regulations) under or
pursuant to any law other than this Act,
which requirement is incoiisistent with the
similar requirements of the administering
agency under cr pursuant to this Act.
CONSOLIDATED REHABILITATION PLAN
S&c. 6. (a) In order to secure Increased
flexibility to respD.ic! to the varying needs and
local conditions ^within tlie State, and In
order to permit more effective and interre-
lated planning and operation of its rehabil-
itation programs, the State may submit a
conso'.idated rehabilitation plan which in-
cludes the State's plan under section 101(a)
of 'his Act and its program for persons with
developmental disabilities under the De-
velopmental Disabilities Services and Facili-
ties Construction Amendments of 1970:
Proinded, That the agency administering such
State's program under such Act concurs in
the submission of such a consolidated re-
habilitation plan.
(b) Such a consolidated rehabilitation
plan must comply with, and be administered
in accordance with, all the requirements of
this Act and the Developmental Disabilities
Services and Facilities Construction Amend-
ments of 1970. If the Secretary finds that
all such requirements are satisfied, he may
approve the plaii to serve in all respects as
the substitute for the separate plans which
would otherwise be required with respect to
each of the programs included therein, or
he may advise the State to submit separate
plans for such programs.
(c) Findings of noncompliance In the ad-
ministration of an approved consolidated
rehabilitation plan, and any reductions, sus-
pensions, or terminations of assistance as a
result thereof, shall be carried out in accord-
ance with the procedures set forth in sub-
sections (c) and (d) of section 101 of this
Act.
DEFINITIONS
Sec. 7. For the purposes of this Act:
(1) The term "comprehensive rehabilita-
tion services" means vocational rehabilita-
tion services and any other goods (including-
aids and devices) or services provided with
funds under titles II, III, or IV of this Act
that will make a substantial contribtition in
helping a handicapped individual to Improve
his ability to live independently or function
normally with his family and community.
(2) T;ie term "construction" means the
construction of new buUdlngs. the acquisi-
tion, expansion, remodeling, alteration, and
renovation of existing buildings, and initial
equipment of such buildings, and the term
"cost of construction" includes architects'
fees and acquisition of land in connection
with construction but does not include the
cost of offsite improvements.
(3) The term "criminal act" means any
crime, including an act. omission, or posses-
sion under the laws of tlie United .States or
a State or unit of general local government
which poses a stibstantial threat of personal
Injury, notwithstanding that by reason of
age, insanity, intoxication or otherwise the
person engaging li the act. omission, or pos-
session was legally Incapable of committing
a crime.
(4) The term "establishment of a rehabili-
tation facility" means, the acquisition, ex-
pansion, remodeling, or alteration of exist-
ing buildings necessary to adapt them to
rehabilitation facility purposes or to Increase
their eiTectlveness for such purposes (sub-
ject, however, to such limitations as the
Commissioner may determine, in accordance
with regulations he shall prescribe, in order
to prevent impairment of the objectives of,
or duplication of. other Federal laws provid-
ing Federal assistance in the construction
of such facilities), and the initial equip-
ment for such buildings, and may include
the initial staffing thereof.
(5) Tlie term "evaluation of rehabilita-
tion potential" means, as appropriate in each
case:
(A) a preliminary diagnostic study to de-
termine that the individual has a substan-
tial handicap to employment, and that voca-
tional or comprehensive services are needed:
(B ) a diagnostic study consisting of a com-
prehensive evaluation of pertinent medical,
psychological, vocational, educati'inal, cul-
tural, social, and environmental factors
^hich bear on the individual's handicap to
"mployment and rehabilitation potential in-
cluding, to the degree needed, an evaluation
of the individuals personality, intelligence
level, educational achievements, work experi-
ence, vocational aptitudes and interests, per-
sonal and social adiustments, employment
opportunities, and other pertinent data help-
ful in determining the nature and scope of
services needed;
(C) an_^praisal of the individual's pat-
terns of work behavior and ability to acquire
occupational skill, and to develop work atti-
tudes, work habits, work tolerance, and social
and behavior patterns suitable for successful
Job performance, including the utilization
of work, simulated or real, to assess and de-
velop the Individual's capacities to perform
adequately in a work environment;
(D) any other goods or services provided
for the purpose of ascertaining the nature
of the handicap and whether it may reason-
ably be expected that the Individual can
benefit from vocational rehabilitation serv-
ices or comprehensive rehabilitation services;
January 4., 1973
CONGRESSIONAL RECORD — SENATE
167
(E) referral;
(F) the administration of these evaluation
services; and
^G) (I) the provision of vocational reha-
bilitation services or the provision of com-
prehensive rehabilitation services to any In-
dividual for a total period not in excess of
eighteen months for the purpose of deter-
mining whether such individual is a handi-
capped individual, a handicapped individual
for whom a vocational goal is not possible or
feasible (as determined In accordance with
section 102(c)), or neither such Individual;
and (11) an assessment, at least once in every
ninety-day period during which such sen-Ices
are provided, of the results of the provision
of such services to an individual to ascertain
whether any of the determinations described
in subclause (1) may be made.
(6) The term "Federal share" means 80 per
centum, except that it shall mean 90 per
centtim lor the purposes of part C of title I
and title II of this Act and section 301: Pro-
vided, That with respect to paymezits pur-
suant to part B of title I of this Act to any
State which are used to meet the costs of
construction of those rehabilitation facili-
ties Identified in section 103(b)(2) in such
State, the Federal share shall be the per-
centages determined in accordance with the
provisions of section 301(b)(3) applicable
with respect to that State and that, for the
purpose of determining the non -Federal
share with respect to any State, expenditures
by a political subdivision thereof or by a local
agency shall, subject to such limitations and
conditions as the Commissioner shall by reg-
ulation prescribe, be regarded as expendi-
tures by such State.
(7) The term "handicapped individual"
means any individual who (A) has a physi-
cal or mCiital disability which for such indi-
vidual constitutes or restilts in a substantial
handicap to employment and (B) can rea-
sonably be expected to benefit from voca-
tional services, or comprehensive rehabilita-
tion services provided pursuant to title II.
III. or IV of this Act.
(8) The term "local agency" means an
agency of a unit of general local govern-
ment or of an Indian tribal organization (or
combination of such units or organizations)
which has an agreement with the State agen-
cy designated pursuant to section 101(a)(1)
to conduct a vocational rehabilitation pro-
gram under the supervision of such State
agency in accordance with the State plan ap-
proved under section 101. Nothing in the
preceding sentence of this paragraph or in
section 101 shall be constrtied lo prevent the
local agency from utilizing another local pub-
lic or nonprofit agency to provide vocational
or comprehensive rehabilitation services:
Provided. That such an arrangement is made
part of the agreement specified In this para-
graph.
(9) The term "nonprofit", when used with
respect to a rehabilitation facility, means a
rehabilitation facility owned and operated
by a corporation or association, no part of
the net earnings of which inures, or may law-
fully inure, to the benefit of any private
shareholder or individual and the Income of
which is exempt from taxation under sec-
tion 501(c) (3) of the Internal Revenue Code
of 1954.
( 10) The term "public safety officer" means
a person serving the United States or a State
or unit of general local government, with or
without compensation. In any activity per-
taining to —
(A) the enforcement of the criminal laws.
Including highway patrol, or the mainte-
nance of civil peace; by the National Guard
or the Armed Forces.
(B) a correctional program, facility, or in-
stitution where the activity is potentially
dangerous because of contact with criminal
suspects, defendants, prisoners, probation-
ers, or parolees.
(C) a court having criminal or Juvenile
delinquent jurisdiction where the activity Is
potentially dangerous because of contact
with criminal suspects, defendants, prison-
ers, probationers, or parolees, or
(D) flrefightlng, fire prevention, or emer-
gency rescue missions.
(11) The term "rehabilitation faculty"
means a facility which is operated for the
primary purpose of providing vocational re-
habilitation or comprehensive rehabilitation
services to handicapped individuals, and
which provides singly or In combination one
or more of the following services for handi-
capped Individuals: (A) vocational and com-
prehensive rehabilitation services which shall
include, under one management, medical,
psychological, social, and vocational services,
(B) testing, fitting, or training in the use of
prosthetic and orthotic devices, (C) pre voca-
tional conditioning or recreational therapy,
(D) physical and occupational therapy, (E)
speech and hearing therapy, (F) psychologi-
cal and social services, (G) evaluatioii of
rehabilitation potential, (H) personal and
work adjustment, (I) vocational training
with a view toward career advancement (In
combination with other rehabilitation serv-
ices), (J) evaluation or control of specific
disabilities, (K) orientation and mobility
services to the blind, and (L) extended em-
ployment for those handicapped individuals
who cannot be readily absorbed in the com-
petitive labor market, except that all medical
and related health services must be pre-
scribed by, or undor the formal supervision
of, persons licensed to prescribe or supervise
the provision of such services in the State.
(12) The term "Secretary", except when
the context otherwise' requires, means the
Secretary of Health. Education, and Welfare.
(13) The term "severe handicap" means
the disability which reqtiires multiple serv-
ices over an extended period of time and
results from amputation, blindness, cancer,
cerebral palsy, cystic fibrosis, deafness, heart
disease, hemiplegia, respiratory or pulmonary
dysfunction, mental retardation, mental ill-
ness, multiple sclerosis, muscular dystrophy,
neurological disorders (including stroke and
epilepsy), paraplegia, quadrlplegia and other
spinal cord conditions, renaF failure, and any
other disability specified by the Commission-
er in regulations he shall prescribe.
(14) The term "State" includes the Dis-
trict of Columbia, the Virgin Islands, Puerto
Rico, Guam, American Samoa, and the Trust
Territory of the Pacific Islands, and for the
purposes of American Samoa and the Trust
Territory of the Pacific Islands, the appro-
priate State agency designated as provided
in section 101(a)(1) shall be the Governor
of American Samoa or the High Commission-
er of the Trust Territory of the Pacific Is-
lands, as the case may be.
(15) The term "vocational rehabilitation
services" means those services identified In
section 103 which are provided to handi-
capped individuals under this Act.
ALLOTMENT PERCENTAGE
Sec 8. (a)(1) The allotment percentage
for any State shall be 100 per centum less
than peroenage which bears the same ratio
to 50 per centum as the per capita Income
of such State bears to the per capita income
of the United States, except that (A) the
allotment percentage shall In no case be
more than 75 per centum or less than 33'!^
per centum, and (B) the allotment per-
centage for the District of Columbia. Puerto
Rico, Guam, the Virgin Islands, American
Samoa, and the Trust Territory of the Pacific
Islands shall be 75 per centum.
(2) The allotment percentages shall be
promvilgated by the Commissioner between
July 1 and September 30 of each even-num-
bered year, on the basis of the average of the
per capita incomes of the States and of the
United States for the three most recent con-
secutive years for which satisfactory data are
available from the Department of Commerce.
Such promulgation shall be conclusive for
each of the two fiscal years in the period be-
ginning on the July" 1 next succeeding such
promulgation.
(3) The term "United States" means (but
only lor purposes of this subsection) the
fifty States and the District of Columbia.
(b) The population of the several States
and of the United States shall be determined
on the basis of the most recent data available,
to be furnished by the Department of Com-
merce by October l.of the year preceding the
fiscal year for which funds are appropriated
pursuant to statutory authorizations.
AT7DIT
. Sec. 9. Each recipient of a grant or contract
under this Act shall keep such records as
the Secretary may prescribe. Including rec-
ords which fully disclose the amount and dis-
position by such recipient of the proceeds
of such grant or contract, the total cost the
project or undertaking iji connection with
which such grant or contrast Is made or
funds thereunder used, the amount of that
portion of the cost of the project or under-
taking supplied by other sources, and such
rocords as will facilitate an effective audit.
The Secretary and the Comptroller General
of the United States, or any of their dul;.-
authorized representatives, shall have access
for the purpose of audit and examination
to any books, documents, papers, and records
of the recipient of any grant or contract
under this Act which are pertinent to such
grant or contract.
NONDUPLIC.\TION
Sec. 10. In determining the amount of
any State's Federal share of expenditures
for planning, administration, and services
Incurred by it under a State plan approved
in accordance with section 101 or for the
purposes of providing comprehensl'e reha-
bilitation services pursuant to title II of this
Act, there shall be disregarded (1) any por-
tion of such expenditures which are financed
by Federal funds provided under any other
provision of law. and (2) the amou: t of any
non-Federal funds required to be expended
as a condition of receipt of such Federal
funds. No payment may be made from funds
provided under one provision of this Act
relating to any cost with respect to which
any payment is made under any other pro-
vision of this Act.
TITLE I— VOCATIONAL REHABILITA-nON
SER-VICES
Part A — General Provisions
DECLARATION OF PURPOSE ; AUTHORIZATION OF
APPROPRIATIONS
Sec. 100. (a) The purpose of this title
Is to authorize grants to assist States to meet
the current and future needs of handicapped
individuals, so that such individuals may
prepare for and engage In gainful employ-
ment to the extent of their capabilities.
(b) il) For the purpose of making grants
to States under part B of this title to assist
them In meeting costs of vocational re!;ablll-
tation services provided In accordance with
State plans under section 101. there is au-
thorized to be appropriated $800,000,000 for
the fiscal year ending June 30. 1973, and
8975,000.000 for the fiscal year ending June
30. 1974.
(2) For the purpose of making grants un-
der section 120, relating to grants to States
and public and nonprofit agencies to assist
them in meeting the costs of projects to Ini-
tiate or expand services to handicapped Indi-
viduals (especially those with the most severe
handicaps) there is authorized to be appro-
priated $50,000,000 for the fiscal -year ending
June 30, 1973, $60,000,000 for thel fiscal year
ending June 30, 1974, and $75,000,000 for the
fiscal year ending June 30, 1975.
STATE PLANS
Sec. 101. (a) Fot each fiscal year In which
a State desires to participate In programs
under this title and pursuant to title n of
168
CONGRESSIONAL RECORD — SENATE
January 4,
1972
this Act, a State shall submit to the Com-
missioner for his approval an annual plan
for vocational and comprehensive rehabilita-
tion services which shall —
(1) (A) designate a State agency as the sole
State agency to administer the plan, or to
supervise Its administration by a local agency,
except that (1) where under the State's law
the State agency for the blind or other agency
which provides assistance or services to the
adult blind, is authorized to provide voca-
tional and comprehensive rehabilitation
services to such individuals, such agency may
be designated as the sole State agency to ad-
minister the part of the plan under which
vocational and comprehensive rehabilitation
services are provided for the blind (or to
supervise the administration of such part
by a local agency-) and a separate State
agency may be designated as the sole State
agency with respect to the rest of the State
plan, and (11) the Secretarj'. upon the re-
quest of a State, may authorize such agency
to share funding and administrative respon-
sibility with another agency of the State or
with a local agency in order to permit such
agencies to carry out a Joint program to pro-
vide services to handicapped individuals, and
may waive compliance with respect to voca-
tional rehabilitation services furnished under
such programs with the requirement of
clause (4) of this subsection that the plan
be in effect in all political subdivisions of
the State:
<B) provide that the State agency so desig-
nated to administer or supervise the admin-
istration of the State plan, or (If th^re are
iwo State agencies designated under sub-
clause (A) of this clause) to supervise or
F.dminlster the part of the State plan that
does not relate to services for the blind, shall
be ( 1 1 a State agency primarily concerned
with vocational rehabilitation, or vocational
and other rehabilitation, of handicapped
Individuals. (11)' the State agency adminis-
tering or supervising the administration of
education or vocational education in the
State, or (ill) a State agency which included
at least two other major organizational units
each of which administers one or more of
the major public education, public health,
public welfare, or labor programs of the
State:
(2) provide, except In the case of agencies
decribed In clause (1) (B) (1) —
(A) that the State agency designated pur-
suant to paragraph ( 1 ) (or each State agency
If two are so designated) shall include a
vocational rehabilitation bureau, division,
or other organizational unit which (1) Is
primarily concerned with vocational reha-
bilitation, or vocational and other rehabili-
tation of handicapped Individuals, and Is
responsible for the vocational rehabilitation
program of such State agency. (Hi has a
full-time director, and (111) has a staff em-
ployed on such rehabilitation work of such
organizational unit all or substantially all
of whom are employed full time on such
work: and
(B) (1) that such unit shall be located at
in organizational level and shall have an
orcanizatlonal status within such State
igencv comparable to that of other major
organizational units of such agency, or (11)
In the case of an agency described In clause
1 1 ) ( B ) ( il ) . either that such unit shall be so
ocated and have such status, or that the
ilrector of such unit shall be the executive
officer of such State agency; except that. In
;he case of a State which has designated
July one State agency pursuant to clause
!1) of this subsection, such State may. If It
■<o desires, assign responsibility for the part
)f the plan under which vocational and
comprehensive rehabilitation services are
)rovided for the blind to one organizational
in it of such agency and assign responsibility
or the rest of the plan to another organl-
: lationar unit of such agency, with the pro-
visions of this clause applying separately to
each of such units;
(3) provide for financial participation by
the State, or If the State so elects, by the
State and local agencies to meet the amount
of the non-Federal share:
(4) provide that the plan shall be In effect
in all political subdivisions, except that In
the case of any activity which, in the Judg-
ment of the Commissioner, Is likely to assist
In promoting the vocational rehabilitation of
substantially larger numbers of handicapped
individuals or groups of handicapped Indi-
viduals ths Commissioner may waive compli-
ance with the requirement herein that the
plan be In effect In all political subdivisions
of the State to the extent and for such period
as may be provided in accordance with regu-
lations prescribed by him, but only if the
non-Federal share of the cost of such voca-
tional rehabilitation services Is met from
funds made available by a local agency (In-
cluding, to the extent permitted by such
regulations, funds contributed to such agency
by a private agency, organization, or indi-
vidual ) :
(5) (A) contain the plans, policies, and
methods to be followed in carrying out the
State plan and In Its administration and
supervision, including a description of the
method to be used to expand and Improve
services to handicapped individuals with the
most severe handicaps; and. In the event that
vocational rehabilitation services cannot be
provided to all eligible handicapped indi-
viduals who applv for such services, show
(1) the order to be followed in selecting Indi-
viduals to whom vocational rehabilitation
services will be provided, and show the order
to be followed in selecting individuals to
whom comprehensive rehabilitation services
will be provided, and (11) the outcomes and
service goals, and the time within which they
may be achieved, for the rehabilitation of
such individuals, which order of selection for
the provision of vocational rehabilitation
services shall be determined on the basis of
serving first those Individuals with the most
severe handicaps and shall be consistent with
priorities In such order of selection so de-
termined, and outcome and service goals for
serving handicapped Individuals, established
in regulations prescribed by the Commis-
sioner, and
(B) provide satisfactory assurances to the
Commissioner that the State has studied and
considered a broad variety of means for
provlfllng services to individuals with the
mosfisevere handicaps;
(6)*(A) contain the plans, policies, and
methods to be followed in providing compre-
hensive rehabilitation services pursuant to
title 11 of this Act, and
(B) provide satisfactory assurances that
no such comprehensive rehabilitation serv-
ices shall be paid for with funds under title
II of this Act unless maximum efforts have
been made to secure grant assistance. In
whole or In part, from other sources to pay for
such services;
(7) provide for such methods of adminis-
tration, other than methods relating to the
establishment and maintenance of person-
nel standards, as are found by the Commis-
sioner to be necessary for the proper and
efficient administration of the plan;
(8) contain (A) provisions relating to the
establishment and maintenance of personnel
standards, which are consistent with any
State licensure laws and regulations. Includ-
ing provisions relating to the tenure, selec-
tloi^ appointment, and qualifications of per-
sonnel, and (B) provisions relating to the
establishment and maintenance of minimum
standards governing the facilities and per-
sonnel utilized In the provision of vocational
and comprehensive rehabilitation services,
but the Commissioner shall exercise no au-
thority with respect to the selection, method
of selection, tenure of office, or compensa-
tion of any Individual employed In accord-
ance with such provisions;
(9) provide, at a minimum, for the pro-
vision of the vocational rehabilitation serv-
ices specified in clauses (1) through (3) of
subsection (a) of section 103, and the re-
mainder of such services specified in such
section after full consideration of eligibility
for similar benefits under any other pro-
gram, except that, in the case of the voca-
tlonal rehabilitation services specified in
clauses (4) and (5) of subsection (ai of
such section, such consideration shall not
be required where it would delay the pro-
vision of such services to any individual;
(10) provide that (A) an individualized
written rehabilitation program meeting the
requirement.? of section 102 will be developed
for each handicapped individual ellgilsle for
vocational or comprehensive rehabilitation
services under this Act. (B) such serv'ces
will be provided under the plan in accord-
ance with t ich program, and (C) records of
the characteristics of each applicant wil! be
kept specifying, as to those individuals v;ho
apply for services under this title or pur-
suant to title II of this Act and are deter-
mined not to be eligible therefor, the rea-
sons for such determinations;
(U) provide that the State agency will
make such reports in such form, containing
such Information (including the data de-
scribed In subclause (C) of clause (10) of
this subsection, periodic estimates of the
population of handicapped individuals eli- ^
gible for servicer under this Act in such ^
State, specifications of the number of such
Individuals who will be served with funds
provided under this Act and the outcomes
and service goals to be achieved for such in-
dividuals in each pricrity category specified
In accordance with clause (5) of this sub-
section, and the service costs for each such
category), aiid at such time as the Commis-
sioner may require lo carry out his functions
under this title, and comply with such pro-
visions as he may find necessary to assure
the correctness and verification of such re-
ports;
(12) provide for entering Into cooperative
arrangements with, and the utilization of
the services and facilities of. the State agen-
cies administering the State's nubllo assist-
ance programs, other programs for 'handi-
capped Individuals, veterans programs, man-
power programs, and public employment of-
fices, and the Social Security Administration
of the Department of Heaith, Education, and
Welfare, the Veterans' Administration, and
other Federal, State, and local public agen-
cies providing servi'-s related to the re-
habilitation of handicapped Individuals:
(13) provide satisfactory assurances to
the Commissioner that in the provision of
vocational rehabilitation and comprehensive
rehabilitation services. ma:<lmuni iitilizatlon
shall be made of public or other vocational
or technical training facilities or other ap-
propriate resources In the community:
(14) (A) provide that vocational "rehabil-
itation and comprehensive rehabimatlon
services provided under the State plan shall
be available to any civil employee of the
United States disabled while In the perform-
ance of his duty on the same terms and con-
ditions as apply to other persons, and
(B) provide that special consideration will
be given to the rehabilitation under this
Act of a handicapped Individual v.hose han-
dicapping condition arises from a disability
sustained In the line of duty while such in-
dividual was performing as a public safety
officer and the proximate cause of such dis-
ability was a criminal act. apparent criminal
act, or a hazardous condition resulting di-
rectly from the officer's performance of
duties In direct connection with the en-
forcement, execution, and administration of
law or fire prevention, flreflghtlng, or related
public safety activities;
(15) provide that no residence require-
A
/
Januarij 4, 1973
1
CONGRESSIONAL RECORD — SENATE
169
ment will be Imposed which excludes from
services under the plan any Individual who
Is present In the State;
(16) provide for continuing statewide
studies of the needs of handicapped indi-
viduals and how these needs may be most
effectively met (including the State's needs
for rehabilitation facilities) with a view to-
ward the relative need for services to signifi-
cant segments of the population of handi-
capped Individuals and the need for expan-
sion of services to those individuals with the
most severe handicaps;
(17) provide for (A) periodic review and
reevaluation of the status of handicapped
individuals placed in extended employment
In rehabilitation facilities (including work-
shops) to determine the feasibility of their
employment, or training for employment, in
the competitive labor market, and (B) max-
imum efforts to place such individuals In ■
such employment or training whenever it is
determined to be feasible;
(18) provide that where such State plan
Includes provisions for the construction of
rehabilitation facilities —
(A) the Federal share of the cost of con-
struction thereof for a fiscal year will not
exceed an amount equal to 10 per centum of
the State's allotment for such year.
(B) the provisions of section 313 shall be
applicable to such construction and such
provisions shall be deemed to apply to such
construction, and
(Cl there shall be compliance with regula-
tions the Commissioner shall prescribe de-
signed to assure that no State will reduce
Its efforts in providing other vocational re-
habilitation services (other than for the
establishment of rehabilitation facilities)
because Its plan Includes such provisions for
construction;
(19) provide satisfactory assurances to the
Commissioner that the State agency desig-
nated pursuant to clause (1) (or each State
agency if two are so designated) and anv sole
local agency administering the plan "in a
political subdivision of the State will take
Into account, in connection with matters of
general policy arising In the administratlotl
of the plan, the views of individuals and
groups thereof who are recipients of voca-
tional or comprehensive rehabilitation serv-
ices (or, In appropriate cases, their parents
or guardians), working in the field of voca-
tional rehabilitation, and providers of voca-
tional and comprehensive rehabilitation serv-
ices: and
(20) provide satisfactory assurances to the
Commissioner that the continuing studies
required under clause (16) of this subsec-
tion, as well as an annual evaluation of the
effectiveness of the program in meeting the
goals and priorities set forth in the plan, will
form the basis for the submission, from
time to time as the Commissioner may re-
quire, of appropriate amendments to the
plan.
(b) The Commissioner shall approve any
plan which he finds fulfills the conditions
specified in subsection (a> of this section,
and he shall disapprove any plan which does
not fulfill such conditions. Prior to such dis-
approval, the Commissioner shall notify a
State of his intention to disapprove Its plan,
and he shall afford such State reasonable
notice and opportunity for hearing.
(c) Whenever the Commissioner, after rea-
sonable notice and opportunity for hearing to
the State agency administering or supervis-
ing the administration of the State plan ap-
proved under this section, finds that —
(1) the plan has been so changed that It
no longer complies with the requirements of
subsection (a) of this section; or
(2) in the administration of the plan there
Is a failure to comply substantiallv with any
such provision.
the Commissioner shall notify such State
agency that no further payments will be
made lo the State under this title (or, In his
CXIX 12— Part 1
discretion, that such further payments will
be reduced. In accordance with regulations
the Commissioner shall prescribe, or that fur-
ther payments will not be made to the State
only for the projects under the parts of the
State plan affected by such failure) , until he
is satisfied there is no longer any .such fail-
ure. Until he is so satisfied, the Commissioner
shall make no further payments to such State
under this title (or shall limit payments to
projects under those parts of the State plan
in which there is no such failure).
(d) If any State is dissatisfied with the
Commissioner's action under subsection (b)
or (c) of this section, such State may appeal
to the United States district court for the
district where the capital of such State is
located and judicial review of such action
shall be on the record in accordance with the
provisions of chapter 7 of title 5, United
States Code.
INDIVIDUALIZED WRITTEN REHABILIT.^TION
PROGRAM
Sec. 102. (a) The Commissioner shall In-
sure that the individualized written rehabili-
tation program required by section 101(a)
(10) in the case of each handicapped Indi-
vidual is developed Jointly by the vocational
rehabilitation counselor or coordinator and
the handicapped Individual (or. In appropri-
ate cases, his parents or guardians) , and that
such program meets the requirements set
forth In subsection (b) of this section. Such
written program shall set forth the terms
and conditions, as well as the rights and
remedies, under which goods and services will
be provided to the individual.
(b) Each individualized written rehabili-
tation program shall be reviewed en an an-
nual basis at which time each such Indi-
vidual (or, in appropriate cases, his parents
or guardians) will be afforded an opportu-
nity to review such program and renegotiate
Its terms. Such program shall include, but
not be limited to (1) a statement of long-
range rehabilitation goals for the Individual
and intermediate rehabilitation objectives
related to the attainment of such goals, ( 2 ) a
statement of the specific vocational or com-
prehensive rehabilitation services to be pro-
vided, (3) the projected date for the initia-
tion and the anticipated duration of each
such service, (4) objective criteria and an
evaluation procedure and schedule for deter-
mining whether such objectives and goals are
being achieved, and, (5) where appropriate, a
detailed explanation of the availability of a
client assistance project established in such
area pursuant to section 112.
( c ) The Commissioner shall also insure
that ( 1 ) in developing and carrying out the
Individualized written rehabilitation pro-
gram required by section 101 in the case of
each handicapped Individual primary em-
phasis is placed upon the determination and
achievement of a vocational goa'. for such
individual, (2) a decision that such an in-
dividual Is not capable of achieving such a
goal, and thus not eligible for vocational re-
habilitation services provided with assistance
under this part, is made only in full consulta-
tion with such individual (or, In appropriate
cases, his parents or guardians), and only
upon the certification, as an amendment to
such written program, that the evaluation of
rehabilitation potential has demonstrated
beyond any reasonable doubt that such in-
dividual is not then capable of achieving s' ch
a goal, and
(3) any such decision shall be reviewed bt
least annually in accordance with the pro-
cedure and criteria established In this sec-
tion.
SCOPE OF VOCATIONAL REHABILITATION
SERVICES
Sec. 103. (a) Vocational rehabilitation serv-
ices provided under this Act are any goods
or services necessary to render a handicapped
Individual employable. Including, but not
limited to, the following:
(1) evaluation of rehabilitation potential
Including diagnostic and related services, in-
cidental to the determination of eligibility
for, and the nature and scope of, services to
be provided, including, where appropriate,
examination by a physician skilled In the
diagnosis and treatment of emotional dis-
orders, or by a licensed psychologist In ac-
cordance with State laws and regulations, or
both:
(2) counseling, guidance, referral, and
placement services for handicapped indi-
viduals. Including follow-up, follow-along,
and other postemployment servlc^es necessary
to assist such individuals to maintain tl-teir
employment and services designed to help
handicapped Individuals seciu-e needed serv-
ices from other agencies, where such services
are not available under this Act;
(3) vocational and other training services
for handicapped individuals, which shall In-
clude personal and vocational adjustment,
books, and other training materials, and serv-
ices to the families of such individuals as are
necessary to the adjustment or rehabilitation
of such individuals; Provided, That no train-
ing services in institutions of higher educa-
tion shall be paid for with funds under this
title or title II of this Act unless maximum
efforts have been made to secure grant assist-
ance, in whole or in part, from other sources
to pay for such training:
(4) physical and mental restoration serv-
ices. Including, but not limited to, (A) cor-
rective surgery or therapeutic treatment nec-
essary to correct or substantially modify a
physical or mental condition which is stable
or slowly progressive and constitutes a sub-
stantial handicap to employment, but is of
such nature that such correction or modifi-
cation may reasonably be expected to elimi-
nate or substantially reduce the handicap
within a reasonable length of time, (B) nec-
essary hospitalization In connection with sur-
gery or treatment, (C) prosthetic or orthotic
devices, (D) eyeglasses and visual services as
prescribed by a physician skilled in the dis-
eases of the eye or by an optometrist, which-
ever the individual may select, (E) special
services (including transplantation and dial-
ysis), artificial kidneys, and supplies neces-
sary for the treatment of Individuals suffer-
ing from end-stage renal disease, and (F)
diagnosis and treatment for mental and emo-
tional disorders by a physician or licensed
psychologist In accordance with State licen-
sure laws; "<ii .., .
(5) maintenance, nol^"^ceedlng the esti-
mated cost of subsistence, during rehabilita-
tion:
(6) interpreter services for the deaf, and
reader services for those Individuals deter-
mined to be blind after an examination by
a physician skilled In the disease.? of the eye
or by an optometrist, whichever the individ-
ual may select;
(7) recruitment and training services for
handicapped Individuals to provide them
with new employment opportunities in the
fields of rehabilitation, heaith, welfare, pub-
lic safety, and law enforcement, and other
appropriate service employment;
(8) rehabilitation teaching services and
orientation and mobility services for the
blind;
(9) occupational licenses, tools, equip-
ment, and initial stocks and supplies:
(10) transportation In connection with the
rendering of any vocational rehabilitation
service; and
(11) telecommunications, sensory, and
other technological aids and devices.
(b) Vocational rehabilitation services,
when provided for the benefit of groups of
individuals, may also Include the following:
( 1 ) In the case of any type of small busi-
ness operated by Individuals with the most
severe handicaps the operation of which can
be Improved by management services and
supervision provided by the State agency,
the provision of such services and supervl-
I'O
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1(1.
trit
CONGRESSIONAL RECORD — SENATE
January 4., 1973
. alone or together with the acquisition
the State agency of vending facilities or
; ler equipment anet Initial stocks and sup-
lBs;.and
2) the construction or establishment of
piJaUc or nonprofit rehabilitation facilities
he provision of other facilities and serv-
■Ahich promise to contribute substan-
tially to the rehabilitation of a group of In-
iduals but which are not related directly
Che individualized rehabUltation written
ram of any one handicapped individual.
NON-FZDERAL SHARE FOR CONSTRUCTIO^f
5ec. 105. For the purpose of determining
amount of payments to States for carry-
out part B of this title, the non-Federal
shfire, subject to such Umltatlcns and con-
ions as may be prescribed in regulations
the Commissioner, shall Include contribu-
11s of funds made by any private agency,
nlzatlon. or Individual to a State or local
to assist In meeting the costs of con-
1 uctlcn or establishment of a public or non-
; rehabilitation facility, which would be
arded as State or local funds except for
condition. Imposed by the contributor,
lii^iiting use of such funds to construction
establishment of such facility.
B — Basic Vocational Rehabilitation
Services
STATE .allotments
EC. 110 (a) For each fiscal year, each
t^te shall be entitled to an allotment of
amount bearing the same ratio to the
aitount authorized to be appropriated under
(bill) of section 100 for allot-
nt under this section as the product of
> the population of the State and |2) the
are of its allotment percentage bears to
sum of the corresponding products for
the States. The allotment to any State
her than Guam. American Samoa, the Vlr-
Islanus, and the Trust Territory of the
Iflc Islands i under the first sentence of
subsection for any fiscal year which
less than one-quarter of 1 per centum of
amount appropriated under section
I b ) ( 1 ) . or $2,000,000. whichever is greater,
sti^ll be Increased to that amount, the total
the increases thereby required being de-
nted by proportionately reducing the allot-
nts to each of the remaining si;ch States
I der the first sentence of this subsection,
with such adjustments as may be neces-
y to prevent the allotment of any such
refnaining States from being thereby reduced
less than that amount.
(bi Whenever the Commissioner deter-
nes that any amount of an allotment to
State for any fiscal year will not be utilized
such State In carryl;;g out the purposes
this title, he sliall make such amount
liable for carryjiig out the purposes of
title to one or more other States to
extent he deteTmlnes such other State
U be able to use such additional amount
irlng such year fc«- carrying otit such pur-
pi|ses. Any amount made available to a State
a:iy fiscal year pursuant to the preceding
:ie".ce shall, for the purposes of this part,
regarded as an increase of such State's
allotment (as determined under the preced-
provislons of this section) for such year.
PAYMENTS TO STATES
Sec 111 (a) From each State's allotment
ider this part for any fiscal year, the Com-
n^ssioner shall pay to such State an amount
ual to the Federal share of the cost of
(Jcational rehabilitation services under the
n for such State approved under section
. Including expenditures for the admlnis-
tlon ot the State plan, except that the
tchal of such payments to such State for
SI ch fiscal year may not exceed its allotment
ider subsection (a I of section 110 for such
and such payments shall not be made
an amount which would result In a vlola-
of the provisions of the State plan re-
IrecVby clause (18) of section 101(a), and
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except that the amount otherwise payable to
such State for such year under this section
shall be reduced by the amount (If any) by
which expenditures from no:i-Federal sources
during such year under this title are less
than expenditures under the State plan for
the fiscal year ending June 30, 1972, under
the Vocational Rehabilitation Act.
(b) The method of computing and paying
amounts pursuant to subsection (a) shall
be as follows ;
(1) The Commissioner shall, prior to the
beginning of each calendar quarter or other
period prescribed by htm. estimate the
amount to be paid to each State under trie
provistons of such subsection for such pe-
riod, such estimate to be based on such rec-
ords of the State and information furnished
by It-j^and such other Investigation; as the
Commissioner may find necessary.
(2) The Commissioner shall pay, ^om the
allotment available therefor, the amount so
estimated by him for such period, reduced
or Increased, as the case may be. by any sum
(not previously adjusted under this para-
graph) by which he finds that his estimate
of the amount to be paid the State for any
prior period under such subsection was great-
er or less than the amount which should have
been paid to the State for such prior period
under such .subsection. Such payment shall
be made prior to audit or settlement by the
General Accounting Office, shall be made
through the disbursing facilities of the Treas-
ury Department, and shall be made In such
Installments as the Commissioner may de-
termine.
CLIENT ASSISTANCE
Sec. 112. (a) The Commissioner shall set
aside out of funds appropriated under section
305 for special projects and demonstrations
up to S2,500,000 but not less than $1,000,000
for the fiscal year ending on June 30. 1973,
and up to $5,000,000 but no less than $1,000.-
000 each for the two succeeding fiscal years to
establish In no less than 10 nor more than
20 geographically dispersed regions client
assistance pilot projects (hereinafter In this
section referred to as "projects") to provide
counselors to Inform and advise all clients
and client applicants In the project area of
all available benefits under this Act and to
assist them In their relationships with proj-
ects, programs, and facilities providing serv-
ices to them under this Act.
(b) The Commislsoner shall prescribe reg-
ulations which shall include the following
requirements:
( 1 ) All employees of such projects shall
not be presently serving as staff consultants
or receiving benefits of any kind directly or
Indirectly from any rehabilitation project,
program or facility.
(2) The staff of such projects shall be
alTorded reasonable access to policy-making
and administrative personnel in State and
local rehabilitation programs, projects, and
facilities.
(3) The project shall submit an annual
report, through the State agency designated
pursviant to section 101, to the Commissioner
on the operation of the project during the
previous year, including a summary of the
work done and a uniform statistical tabula-
tion of all cases handled by such project.
A copy of each such report shall be sub-
mitted to the aporoprlate committees of the
Congress by the Commissioner, together with
ft summary of such reports and his evaluation
of such projects, including appropriate rec-
ommendations.
(4) Each State agency may enter Into
c(x>perative arrangements with institutions
of higher education to secure the services In
such projects of graduate students who are
undergoing clinical training activities In re-
lated fields. No compensation with funds
appropriated under this Act shall be pro-
vided to such students.
(5 1 Reasonable assurance shall be given
by the appropriate State agency that all
clients or client applicants within the project
area shall have the opportunity to receive
adequate service tnider the project and shall
not be pressured against or otherwise dis-
couraged from availing themselves of the
services available under such project.
(6) The project shall be funded, adminis-
tered, and operated directly by the State
agency designated pursuant to section 101.
Part C — Innovation and Expansion Grants
state allotments
Sec. 120. (a)(1) From the sums available
pursuant to section 100(b) (2) for any fiscal
year for grants to States to assist them In
meeting the costs described in section 121,
each State shall be entitled to an allotment
of an amount bearing the same ratio to such
sums as the population of the State bears to
the population of all the States. The allot-
ment to any State under the preceding sen-
tence for any fiscal year which Is less than
S50.000 (or such other amount as may be
specified as a minimum allotment In the
Act appropriating such sums for such year)
shall be increased to that amount, and for
the fiscal years ending June 30, 1973 and
June 30, i974, no State shall receive less
than the amount necessary to cover up to
90 per centum of the cost of continuing
projects assisted under section 4(a) (2) (A) of
the Vocational Rehabilitation Act, except
that no such project may receive financial
assistance under both the Vocational Re-
habilitation Act and this Act for a total peri-
od of time in excess of three years. The total
of the Increase required by the preceding
sentence shall be derived by proportion-
ately reducing the allotments to each of the
remaining States under the first sentence of
this section, but with such adjustments as
may be necessary to prevent the allotment
of any of such remaining States from thereby
being reduced to less than $50,000.
(b) Whenever the Commissioner deter-
mines that any amount of an allotment to
a State for any fiscal year will not be utilized
by such State in carrying out the purposes
of this section, he shall make such amount
available for carrying out the purposes of
this section to one or more other States
which he determines will be able to use
additional amounts during such year for
carrying out such purposes. Any amount
made available to a State for any fiscal year
pursuant to the preceding sentence shall,
for purjKises of this j>art, be regarded as an
Increase of such State's allotment (as deter-
mined under the preceding provisions of this
section) for such year.
PAYMENTS TO STATES
Sec. 121. (a) From each State's allotment
under this part for any fiscal year, the Com-
missioner shall pay to such State or, at the
option of the State agency designated pur-
suant to section 101(a)(1), to a public or
nonprofit organization or agency, a portion
of the cost of planning, preparing for, and
Initiating special programs under the State
plan approved pursuant to section 101 to
expand vocational rehabilitation services, in-
cluding programs to initiate or expand such
services to Individuals with the most severe
handicaps, or of special programs under
such State plan to initiate or expand serv-
ices to classes of handicapped individuals
who have unusual and difficult problems in
connection with their rehabilitation, par-
tlctUarly handicapped Individuals who are
poor and responsibility for whose treat-
ment, education, and rehabilitation is shared
by the State agency designated In section
101 with other agencies. The Commissioner
may require that any portion of a State's
allotment under this section, but not more
than 50 per centum of such allotment, may
be expended in connection with only such
projects as have first been approved by the
Commissioner. Any grant of funds under
this section which will be used for direct
services to handicapped Individuals or for
January 4, 1973
CONGRESSIONAL RECORD — SENATE
171
establishing or maintaining facilities which
will render direct services to such Individ-
uals must have the prior approval of the
appropriate State agency designated pur-
suant to section 101.
(b) Payments under this section with re-
spect to any project may be made for a period
of not to exceed three years beginning with
the commencement of the project as ap-
proved, and sums appropriated for grants
under this section shall remain available for
such grants through the fiscal year ending
June 30, 1976. Payments with respect to any
project may not exceed 90 per centum of the
cost of such project. The non-Federal share
of the cost of a project may be in cash or
in kind and may Include funds spent for
project purposes by a cooperating public or
nonprofit agency provided that it is not In-
cluded as a cost In any other federally fi-
nanced program.
(c) Payments under this section may be
made in advance or by way of reimburse-
ments for services performed and purchases
made, as may be determined by the Com-
missioner, and shall be made on such condi-
tions as the Commissioner finds necessary to
carry out the purposes of this section.
TITLE II— COMPREHENSIVE REHABILITA-
TION SERVICES
declaration op purpose; AUTHORIZATION OF
APPROPRIATIONS
Sec. 20. (a) The purpose of this title Is to
authorize grants (supplementary to grants
for vocational rehabilitation services under
title I of this Act) to assist the several States
in developing and implementing continuing
plans for meeting the current and future
needs of handicapped individuals for whom
a vocational goal is not possible or feasible,
including the assessment of disability and
rehabilitation potential, and for the training
of specialized personnel needed for the pro-
vision of services to such Individuals and re-
search related thereto.
(b) In order to make grants to carry out
the purposes of this title, ithere Is author-
ized to be appropriated ?3o,000.000 for the
fiscal year ending June 30. I>973. $50,000,000
for the fiscal year ending June 30, 1974, and
S80.000.000 for the fi.scal year ending June 30,
1975.
STATE ALLOTMENTS
Sec. 201. (a) From sums appropriated to
carry out the provisions of this title for each
fiscal year, less the amounts resen-ed by the
Commissioner for projects under section 204,
each State shall be entitled to an allotment
of an amount bearing the same ratio to such
sums as the product of (1 ) the population of
the State, and (2) its allotment percentage
bears to the simi of the corresponding prod-
ucts for all of the States. The allotment to
any State under the preceding sentence for
any fiscal year which Is less than $150,000
shall be increased to that amomit. the total
of the increases thereby required being de-
rived by proportionately reducing the allot-
ments to each of the remaining States under
the preceding sentence, but with such ad-
justments as may be necessary to prevent the
allotment of any such remaining States from
being thereby reduced to less than that
amount.
(b) Whenever the Commissioner deter-
mines that any amount of an allotment to a
State for any fiscal year will not be utilized
by such State in carrying out the purposes
of this section, he shall make such amount
available for carrying out the pvirposes of this
section to one or more other States to the
extent he determines such other State will
be able to use additional amounts during
such year for carrying out such purpose. Any
amount made available to a State for any
fiscal year pursuant to the preceding sen-
tence shall, for the purpose of this title, be
regarded as an Increase In the State's allot-
ment (as determined under the preceding
provisions of this section) for such year.
(c) In any fiscal year for which appropria-
tions pursuant to this section do not exceed
$20,000,000, the Commissioner, subsections
(a) and (b) of this section and section 202
(a) to the contrar>- notwithstanding and sub-
ject to the provisions of section 313, shall
carry out the purposes of this title by making
grants to States and public or nonprofit
organizations and agencies to pay the Federal
share of the expenditures for such projects.
Projects receiving such grants shall be car-
ried out under the State plan approved under
section 101 (except for the priorities In the
order of selection required by section 101
(a) (5) (A) ) In a manner consistent with the
State program submitted under section 203.
PAYMENTS TO STATES
Sec. 202. (a) From each State's allotment
under this title for any fiscal year, the Com-
missioner shall pay to such State the Federal
share of the expenditures Incurred during
such year under Its State program submitted
under section 203 and approved as part of the
State plan approved under section 101. Such
payments may be .nade (after necessary ad-
justments on account of previously made
overpayments or underpayments) In advance
or by way of reimbursement, and in such
installments and on such conditions as the
Commissioner may determine.
(b) The Federal share with respect to any
State shall be 90 per centum of the ex-
penditures incurred by the State during
such year under Its State program submit-
ted under section 203 and approved as part
cf the State plan under section 101.
STATE PROCR.AMS
Sec. 203. As a condition for receiving
grants under this Act for the fiscal year end-
ing June 30. 1973. a State must submit
within one hundred and 'eighty days after
the date of enactment of this Act an amend-
ment to its plan .submitted to the Commis-
sioner under .section 101 or to the Secretary
u«der siction S of the Vccatlonal Rehabili-
taiicn Act which Includes a program for pro-
vision of comprehensive rehabilitation serv-
ices to about the rehabilitation of handi-
capped i\^di' iduals under thi.; title. A State
shall also i iclude such a program In Its plan
under sectlr'n ]f)\ submitted for each subse-
quent fi ;cal year. Such program. In addliion
to thos? requirements provided In section
101(a)(6), shall (1) designate the State
agency or agencies admlnlsterlrg the State
pliii for vocational rehabilitation as the
agency or agencies to administer funds pro-
vided under this title: (2) provide that com-
prehensive rehabilitation services will be
provided for the rehabilltatlcn cf handi-
capped Individuals only I i r.ccordance with
the Individualized written rehabilitation
program required by section 102 and only
after the reqiilremcnts of subsection (c) rf
such section have been met; (3) describe the
quality, scope, and extent of the services
belrr; frovided; (4) demonstrate that the
State has studied and corsldered a broad
variety of meatis for providing comprehen-
sive rehabilitation services under this title.
Includhig but not limited to, regional and
community centers, halfway houses, serv-
ices to homebound and institutionalized In-
dividuals, and patient -release programs,
where such programs are appropriate and
beneficial; (5) be approved or disapproved
under the criteria and procedures provided
with respect to the State plan submitted
under section 101: a'hd (6) conform to such
other requirements as the Commissioner
by regulation may prescribe.
SPECIAL PROJECTS
Sec 204. From sums appropriated under
section 200(b), the Commissioner may re-
tain not to exceed 10 per centvm or $500,000,
whichever is smaller, to enable blm to make
grants to States and public and nonprofit
agencies or organizations to pay part of the
cost of projects for research and demonstra-
tion and training which hold promise of
making a substantial contribution to the
solution of problems related to the rehabili-
tation of Individuals under this title.
DEnNmoN
Sec. 205. For the purposes of this title, the
term "rehabilitation" means the goal of
achieving, through the provision of compre-
hensive rehabilitation services, substantial
Improvement In the ability to live Independ-
ently or function normally with his family or
community Oii the part of a handicapped in-
dividual, who. according to a certification
under section 102(c), Is not then rcapable
of achieving a vocational goal.
TITLE III— SPECIAL FEDERAL
RESPONSIBILITIES j
DECLARATION OF PURPOSE
Sec. 300. The purpose of this title Is
( 1 ) authorize grants amd contracts to as-
sist In the construction and initial staffing
of rehabilitation facilities;
(2) authorize grants and contracts to as-
sist In the provision of vocational training
services to handicapped individuals;
(3) to insure mortgages covering the con-
struction of certain nonprofit rehabilitation
faculties and avjthorize annual Interest
grants to help meet the costs of making prin-
cipal payments In connection with such
mortgages, whether so insured or not;
(4) authorize grants for special projects
and demonstrations which hold promise of
expanding or otherwise Improving rehabili-
tation services to handicapped individuals,
which experiment with new types or patterns
of sen'lces or devices for the rehabilitation
of handicapped Individuals (including op-
portur.ltles for new careers for handicapped
Individuals, and for other individuals in pro-
grams serving handicapped Individuals! arid
which provide vocational and comprehensive
rehabilitation services to handicapped
migratory agricultural workers or seasonal
farmworkers; I
(5) establish- and operate a National Cen-
ter for Deaf -Blind Youths and Adults; |
(6) authorize grants and contracts to es-
tabll.sh and operate Rehabilitation Centers
for Deaf Individuals; j
(7) establish and operate National Centers
for Spinal Cord Injuries; |
(8) provide services for the treatment of
Individuals suffering from end-stage renal
disease;
(9) authorize grants and contracts to as-
sist In the provision of rehabilitation serv-
ices to older . blind in^vlduals and hi the
application of new types or patterns of serv-
ices or devices for the benefit of such In-
dividuals; I
(10) establish a National Advisory Coua-
cll on Rehabilitation of Handicapped Individ-
uals to advise the Commissioner and Secre-
tary and conduct reviews with respect to
protrrams carried nut under this Act; [
(11) establish State Advisory Councils to
advise Governors and State agencies In car-
rying out State plans approved under this
Act: and ,
(12) establish uniform grant and contract
requirements for programs assisted under
this title and certain other provisions of this
Act.
GRANTS FOR CONSTRUCTION OF REHABILITATION
FACtLrrlES
Sec. 301. (a) For the purpose of making
grants and contracts under this section for
construction of rehabilitation facilities, ini-
tial staffing, and planning assistance, there
Is authorized to be appropriated $35 OOO.OCO
for thtfiscal year ending June 30, 1973; 840.-
000,000 for the fiscal year ending June 30,
1974; and $45,000,000 for the fiscal year end-
ing June 30, 1975. Amounts so appropriated
shall remain available for expenditure with
respect to construction projects funded or
Initial staffing grants made under this sec-
tion prior to July 1 , 1977.
^(b) (1) The Commissioner is authorized to
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CONGRESSIONAL RECORD — SENATE
January It, 1973
m Ike grants to assist In meeting the costs of
cc nstruction of public or nonprofit rehablll- '
ion facilities. Such grants may be made to
es and public or nonprofit organizations
agencies for projects for yhlch appUca-
ns are approved by the Conknlssloner un-
• this section. ^
(2) To be approved, an application for a
for a construction project under this
tion must conform to the provisions of
efctlon 313. "
f3) The amount pf a grant under this sec-
with respect to any construction project
any State shall be equal to the same per-
tage of the cost of such project as the
share which is applicable in the case
rehabilitation facilities (as defined In sec-
n 645(g) of the Public Health Service Act
U.S.C. 291o(a)). in such State, except
If the Federal share with respect to re-
habilitation facilities in such State Is deter-
m ned pursuant to subparagraph (b)(2) of
ion 645 of such Act (42 U.S.C. 291o(b)
I I . the percentage of the cost for purposes
this section shall be determined In ac-
cordance with regulations prescribed by the
Commissioner designed to achieve as nearly
practicable result^ comparable to the re-
ts obtained under such subparagraph,
c I The Commis^oner is also authorized to
mtike grants to assist in the Initial staffing
any public or nonprofit rehabilitation fa-
y constructed ,after the date of enact-
nt of this section (whether or not such
cciistructlon was financed with the aid of a
grfint under this section) by covering part
the costs (determined In accordance with
rekulatlons the Commissioner shall pre-
scjlbe) of compensation of professional or
nical personnel of such facility during
period beginning with the commence-
ment of the operation of such facility and
Ing with the close of four years and three
m^ntl^s after the month In which such op-
commenced. Such grants with re-
to any facility may not exceed 75 per
tum of such costs for the period ending
h the close of the fifteenth month fol-
lowing the montl*. in which such operation
connmenced. 60 per centum of such costs for
first year thereafter, 45 per centum of
costs for the second year thereafter.
30 per centum of such costs for the
third year thereafter.
fd) The Commissioner is also authorized
make grants upon application approved
the State agency designated under sec-
\0\ to administer the State plan, to pub-
or nonprofit agencies, institutions, or or-
a^izatlons to assist them In meeting the
of planning rehabilitation facilities and
services to be provided by such facill-
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.'OCATIONAL TRAINING SERVICES FOR HANDI-
CAPPED INDIVIDTTALS
3ec. 302. (a) For the purpose of making
r^nts and contracts under this section, there
authorized to be appropriated S30.000 000
the fiscal year ending June 30. 1973;
000.000 for the fiscal year ending June
1974; and $40,000,000 for the fiscal year
Ing June 30, 1975.
1 b I 1 1 ) The Commissioner is authorized to
ke grants to State and public or ncnproflt
"zations and agencies to pay ud to 90
centum of the cost of projects f-r provid-
vocatlonal training services to handl-
ped individi'aU, especially those with the
m|rst severe handicaps, in public or nonprofit
latailitation facilities.
2itA) Vocational training services for
rposes of this subsection shall include
ining with a view toward career advance-
nt; training in occupational skills; related
vices. Including work evaluation, work
ting, provision of occupational tools and
ipment required by the Individual to en-
In such training, and Job tryouts; and
ment of weekly allowances to Individuals
Ivlng such training and related services.
B) Such allowances may not be paid to
any individual for any period In excess of
two years, and such allowances for any week
shall not exceed $30 plus $10 for each of the
individual's dependents, or $70, whichever Is
less. In determining the amount of such al-
lowances for any Individual, consideration
.shall be given to the individual's need for
such an allowance. Including any expenses
reasonably attributable to receipt of training
services, the extent to which such an allow-
ance will help assure entry Into and satisfac-
tory completion of training, and such other
factors, specified by the Commissioner, as will
provide such individual's capacity to engage
in gainful and suitable employment.
(3) The Commissioner may make a grant
for a project pursuant to this subsection only
on his determination that (A) the purpose of
such project is to prepare handicapped in-
dividuals, especially those with the most se-
vere handicaps, for gainful and suitable em-
ployment; (B) the Individuals to receive
training services under such project will in-
clude only those who have been determined
to be suitable for and in need of such train-
ing services by the State agency or agencies
designated as provided In section 101(a)(1)
of the State in which the rehabilitation fa-
cility U located; (C) the full range of train-
ing services will be made available to each
such Individual, to the extent of his need for
such services: and (D)'the project. Including
the participating rehabilitation facility and
the training services provided, meet sucn
other requirements as he may prescribe in
regulations for carrying out the purposes of
this subsection.
(c) fl) The Commissioner Is author)7ed to
make grants to ntibllc or nonprofit rehabilita-
tion facilities, or to an organization or com-
bination of such facilities, to pay the Federal
share of the cost of projects to analyze. Im-
prove, and Increase their professional services
to handicapned individuals, their manage-
ment efTpcti'-pness. or any other part of tbeir
operations affecting their capacity to provide
employment and services for such Individ-
uals.
(2) No part of any grant made pursuant t^
this subsection may be used to pav costs of
aoquirloe. constructing, expanding, remodel-
ing, or altering any building.
M01TGACE INST7RANCE FOR REHABILITATION
FACILITIES
Sec. 303. (a) It Is the purpose of this sec-
tion to p'^slst and encourage the provision
of urgentlv needed facilities for programs
for hi^dlcponed Individuals.
(b) For the purpose of this section the
terms "mortgage", "mortgagor", "mort-
gagee", "maturity date", and "State" shall
have the meanings respectively set forth In
section 207 of the National Housing Act.
(c) The Commissioner, in constiltatlon
with the Secretary of Housing and Urban
nevelonme^t, and s"b1ect to the provisions
of section 313. is axithorlzed to Insure up to
100 per oe-tum of a^v mortgage (including
advances on such mortgage during construc-
tion) In accordance with the provisions of
this se-i-tim unon such terms and conditions
as h" mav nrescrlbe ar>d make commitments
for in Sll '■ill re of such mortgage prior to the
date of Its ex-^cutlon or disbursement there-
on, except thnt no mortgage of any public
agency shall be Insured under this section If
the Interest from such mortgage Is exempt
from Federal t"y:itlon.
(d) In order to carry out the purpose of
this section, the Commissioner Is authorized
to insure a"v mortgage which covers con-
struction of a public or nonprofit rehabilita-
tion farillty. Including equipment to be used
in Its operation, subject to the following
conditions:
(1) The mortgage shall be executed by a
mortgagor, approved by the Commissioner,
who demonstrates ability successfully to
operate one or more programs for handi-
capped Individuals. The Secretary may In his
discretion require any such mortgagor to be
regulated or restricted as to minimum
charges and methods of financing, and, In
addition thereto, If the mortgagor Is a cor-
porate entity, as to capital structure and
rate of return. As an aid to the regulation or
restriction of any mortgagor with respect to
any of the foregoing matters, the Commis-
sioner may make such contracts with and
acquire for not to exceed $100 such stock of
Interest In such mortgagor as he may deem
necessary. Any stock or Interest so purchased
shall be paid for out of the Rehabilitation
Facilities Insurance Fund (established by
subsection (h) of this section) , and shall be
redeemed by the mortgagor at par upon the
termination of all obligations of the Com-
missioner under the Insurance.
(2) The mortgage shall Involve a prin-
cipal obligation In an amount not to exceed
90 per centum of the estimated replacement
cost of the property or project, Including
equipment to be used In the operation of
the rehabilitation facility, when the pro-
posed Improvements are completed and the
equipment Is Installed, but not Including
any cost covered by grants In aid under this
Act or any other Federal Act.
(3) The mortgage shall —
(A) provide for complete amortization by
periodic payments within such term as the
Commissioner shall prescribe, and
(B) bear Interest (exclusive of premium
charges for insurance and servic charges,
If any) at not to exceed such per centum per
annum on the principal obligation outstand-
ing at any time as the Commissioner finds
necessary to meet the mortgage market.
(e) The Commissioner shall fix and collect
premium charges for the Insurance of mort-
gages under this section which shall be pay-
able annually in advance by the mortgagee,
either In cash or in debentures of the Re-
habilitation Facilities Insurance Fund (es-
tablLshed by subsection (h) of this section)
Issued at par plus accrued Interest. In the
case of any mortgage such charge shall be
not less than an amotmt equivalent to one-
fourth of 1 per centum per annum nor more
than an amount equivalent to 1 per centum
per annum of the amount of the principal
obligation of the mortgage outstanding at
any one time, without taking into account
delinquent payments or prepayments. In ad-
dition to the premium charge herein provided
for the Commissioner Is authorized to charge
and collect such amounts as he may deem
reasonable for the appraisal of a property or
project during construction: but such
charges for appraisal and Inspection shall
not aggregate more than 1 per centum c.f the
original principal face amount of the mort-
gage.
(f ) The Commissioner may consent to the
release of a part or parts of the mortgaged
property or project from the lien of auy mort-
gage Insured under this section upon such
terms and conditions as he shall by regula-
tion prescribe.
(g)(1) The Commissioner shall have the
same fimctlons. powers, and duties (inso-
far as applicable) with respect to the insur-
ance of mortgages under this section as the
Secretary of Housing and Urban Develop-
ment has with respect to the Insurance of
mortgages under title II of the National
Housing Act. The Commissioner may, pur-
suant to a formal delegation agreement con-
taining regulations prescribed by him. dele-
gate to the Secretary of Housing and Urban
Development authority to administer this
section and section 304 of this Act in ac-
cordance with such delegation agreement.
(2) The provisions of subsections (e). (g),
(h), (1), (J), (k). (1). and (n) of section
207 of the National Housing Act shall apply
to mortgages Insured under this section; ex-
cept that, for the purposes of their applica-
tion with respect to such mortgages, ail ref-
erences In such provisions to the General In-
surance Fund shall be deemed to refer to the
January ^, 1973
CONGRESSIONAL RECORD — SENATE
173
Rehabilitation Facilities Insurance Fund (es-
tablished by subsection (h) of this section)
and all references In such provisions to
"Secretary" shall be deemed to refer to the
Commissioner of the Rehabilitation Services
Administration within the Department of
Health. Education, and Welfare,
(h) (1 ) There is hereby created a Rehabili-
tation Facilities Insurance Fund which shall
be uspd by the Commissioner as a revolv-
ing fund for carrying out all the Insurance
provisions of this section. All mortgages in-
sured under this section shall be insured
under and be the obligation of the Rehabili-
tation Facilities In.surance Fund.
(2 1 The gerieral expenses of the operations
of the Rehabilitation Services Administra-
tion relating to mortgages Insured under this
section may be charged to the Rehabilitation
Facilities Insurance Fund.
(3) Moneys in the Rehabilitation Facilities
Insurance Fund not needed for the current
operations of the Rehabilitation Services Ad-
ministration with respect to mortgages In-
sured imder this section shall be deposited
with the Treasurer of the United States to
the credit of such fimd, or invested In bonds
or other obligations of, or in bonds or other
obligations guaranteed as to principal and
Interest by. the United States. The Commis-
sioner may, with the approval of the Sec-
retary of the Treasury, purchase in the open
market debentures Issued as obligations of
the Rehabilitation Facilities Insurance
Fund. Such purchases shall be made at a
price which will provide an Investment yield
of not less than the yield obtainable from
other Investments authorized by this sec-
tion. Debentures so purchased shall be can-
celed i'.nd not reissued.
(4) Premium charges, adjusted premium
charges, and appraisals and other fees re-
ceived on account of the insurance of any
mortgage under this section, the receipts de-
rived from property covered by such mort-
gages and from any claims, debts, contracts,
property, and secvirity assigned to the Com-
missioner In connection therewith, and all
earnings as the assets of the fund, shall be
credited to the Rehabilitation Facilities In-
surance Fund. The principal of. and interest
paid and to be paid on. debentures which
are the obligation of such ftmd, cash insur-
ance payments and adjustments, and ex-
peneses incurred in the liandllrg. manage-
ment, renovation, and disposal of properties
acquired, in connection with mortgages in-
sured under this section, shall be charged
to such fund.
(5t There are authorized to be appropri-
ated to provide Initial capital for the Re-
habilitation Facilities Insurance Fund, and
to assure the soundness of such fund there-
after, such sums as may be necessary, except
that the total amount of outstanding mor'. -
gajes insured shall not exceed $250,000,000.
ANNITAL INTEREST GRANTS FOR MORTGAGES FOR
REHABILTTATION FACILITIES
Sec. 304. (a) To assist States and public
or nonprofit agencies and organizations to
reduce the cost of borrowing from other
sources for the construction of rehabilitation
facilities, the Commissioner, subject to the
provisions of section 313. may make an-
nual Interest grants to such agencies.
(b) Annual Interest grants under this sec-
tion with respect to any rehabilitation fa-
cility shall be made over a fixed period not
exceeding forty years, and provision for svich
grants shall be embodied in a contract
guaranteeing their payment over such period.
Each such grant shall be in an amount suf-
ficient to reduce by 4 per centum the net
effective Interest rate otherwi-se payable on
the loan or to equal one-half of such rate,
whichever Is the lesser amount: Provided.
That the amount on which such grant Is
based shall be approved by the Commissioner.
(c)(1) There are authorized to be ap-
propriated to the Commissioner such sums
as may be necessary for the payment of an-
nual Interest grants In accordance with this
section.
(2) Contracts for annual interest grants
under this section shall not be entered into
In an aggregate amount greater thari is au-
thorized in appropriation Acts; and in any
event the total amount of annual Interest
grants which may be paid pursuant to con-
tracts entered into under this section shall
not exceed $1,000,000 with respect to con-
tracts entered into prior to June 30, 1973; $2,-
000,000 with respect to contracts entered Into
prior to June 30, 1974; and $4,000,000 with
respect to contracts entered into prior to
June 30, 1975.
(3) Not more than 15 per centum of the
funds expended under this section may be
used within any one State In any one fiscal
year.
special projects and demonstrations
Sec. 305. (a) (1) For the purpose of making
grants under this section for special projects
and demonstrations (and research and
evaluation connected therewith), there is
authorized to be appropriated $50,000,000
for the fiscal year ending June 30, 1973. $125,-
000.000 for the fiscal year ending June 30,
1974, and $150,000,000 for the fiscal year end-
ing June 30, 1975.
(2) Of the amounts appropriated pursuant
to paragraph (1) of this subsection, 10 per
centum, but in no event more than $10,000,-
000. In each such fiscal year shall be available
only for the purpose of making grants under
subsection (c) of this section, and there is
authorized to be appropriated In each such
fiscal year such additional amount as may
be necessary to equal, when added to the
amount made available for the purpose of
making grants under such subsection, an
amount of $10,000,000 to be available for
each such fiscal year.
(b) The Commissioner, subject to the
provisions of section 313. shall make grants
to States and public or nonprofit agencies
and organizations for paying part of the cost
of special projects and demonstrations (and
research and evaluation in connection there-
with) (1) for establishing facilities and pro-
viding services which. In the judgment of
the Commissioner, hold promise of expanding
or otherwise improving rehabilitation serv-
ices to handicapped Individuals, especially
those with the most severe handicaps, and
(2) for applying new types or patterns of
services or devices (Including opportunities
for new careers for handicapped individuals
and for other Individuals in programs serv-
icing handicapped individuals) .
(b) The Commissioner, subject to the pro-
visions of section 313, Is authorized to make
grants to any State agency designated pur-
suant to a State plan approved under section
101. or to any local agency participating in
the administration of such a plan, to pay up
to 90 per centum of the cost of projects or
demonstrations for the provision of vocation-
al or comprehensive rehabilitation services to
handicapped Individuals who, as determined
in accordance with rules prescribed by the
Secretary of Labor, are migratory agricultural
workers or seasonal farmworkers, and to
members of their families (whether or not
handicapped) who are with them. Including
maintenance and transportation of such In-
dividuals and members of their families
where necessary to the rehabilitation of such
individuals. Maintenance payments under
this section shall be consistent with any
maintenance payments made to other hand-
icapped individuals in the State under this
Act. Such grants shall be conditioned upon
satisfactory assurance that in the provision
of such services there will be appropriate
cooperation between the grantee and other
public or nonprofit agencies and organiza-
tions having special skills and experience In
the provision of services to migratory agri-
cultural workers, seasonal farmworkers, or
their families. This subsection shall be ad-
ministered In coordination with other pro-
grams serving migrant agricultural workers
and seasonal farmworkers. Including pro-
grams under title I of the Elementary ai^d
Secondary Education Act of 1965, section 311
of the Economic Opportunity Act of 1964, the
Migrant Health Act, and the Farm Labor
Contractor Registration Act of 1963.
(d) The Commissioner Is authorized to
make contracts or Jointly financed coopera-
tive arrangements with employers and orga-
nizations for the establishment of projects
designed to prepare handicapped individuals
for gainful and suitable employment In the
competitive labor market under which hand-
icapped Individuals are provided training and
employment in a realistic work setting and
such other services (determined In accord-
ance with regulations prescribed by the Com-
missioner) as may be necessary for such In-
dividuals to continue to engage In such em-
ployment.
(e)(1) The Commissioner Is authorized,
directly or by contract with State vocational
rehabilitation agencies or experts or consult-
ants or groups thereof, to provide technical
assistance (A) to rehabilitation facilities,
and (B) for the purpose of removal of archi-
tectural and transportation barriers, to any
public or nonprofit agency, Institution, orga-
nization, or facility.
(2) Any such experts or consultants shall,
while serving pursuant to such contracts, be
entitled to receive compensation at rates
fixed by the Commissioner., but not exceed-
ing the pro rata pay rate for a person em-
ployed as a GS-18. under section 5332 of title
5, United States Code, Including traveltime,
and while so serving away from their homes
or regular places of business, they may be
allowed travel expensed. Including per diem
In lieu of subsistence, as authorized by sec-
tion 5703 of title 5. United States Code, for
persons in the Government service employed
intermittently.
NATIONAL CENTER FOR DEAF-BLIND YOUTHS
AND ADULTS j
Sec. 306. (a) For the purpose of establish-
ing and operating a National Center for Deaf-
Blind Youths and Adults, there is authorized
to be appropriated $5,000,000 for construc-
tion, which shall remain available until ex-
pended, and $800,000 for operations for the
fiscal year ending June 30, 1973: $1,200,000
for operations for the fiscal year ending
June 30. 1974; and $2,000,000 for operations
for the fiscal year ending June 30. 1975.
(b) In order —
(1) to demonstrate methods of (A) pro-
viding the specialized Intensive services, and
other services, needed to rehabilitate handi-
capped individuals who are both draf and
blind, and (B) training the professional and
allied personnel needed adequately to stall
facilities specially designed to provide such
services and training to such personnel who
have been or will be working with deaf-blind
Individuals:
(2) to conduct research In the problems of.
and ways of meeting the problems of rehabil-
itating, deaf-blind individuals: and
(3) to aid in the conduct of related activi-
ties which will expand or Improve the serv-
ices for or help Improve public understand-
ing of the problems of deal -blind individ-
uals;
the Commissioner, subject to the provisions
of section 313. Is authorized to enter Into an
agreement with any public or nonprofit
agency or organization for payment by the
United States of all or part of the costs of the
establishment and operation. Including con-
struction and equipment, of a center for vo-
cational rehabilitation of handicapped Indi-
viduals who are both deaf and blind, which
center shall be known as the National Cen-
ter for Deaf-Blind Youths and Adults.
(c) Any agency or organization desiring to
enter Into such agreement shall submit a
proposal therefor at such'tlme. in such man-
74
CONGRESSIONAL RECORD — SENATE
January ^,
1973
ler. and containing such Information as may
1 .e prescribed In regulations by the Commls-
i loner. In considering such proposals the
Commissioner shall give preference to pro-
]iosals which (1» give promise of maximum
< ffectlveness In the organization and op-
( ration of such Center, and (2) give promise
(f offering the most substantial skill, expe-
1 lence, and capability In providing a broad
jirogram of service, research, training, and
1 elated activities in the field of rehabilitation
(if deaf-blind individuals.
REH.^BlLrr.\TION CENTERS FOR
DEi^F INDIVIDUALS
Sec. 307. (a; For the purpose of making
rants and contracts for the expansion and
mprovement of vocational or comprehensive
ehablUtation services for deaf Indlviduils
through the establishment of centers or
other means), there is authorized to be ap-
)ropriated $2,000,000 for the fiscal year end-
ng June 30. 1973: S4.0O0.000 for the fiscal
ear ending June 30, 1974; and §7.000,000
lor the fiscal year ending June 30, 1975.
^unds appropriated pursuant to this sub-
^ ection shall remain available until expended.
(b) In order to —
( 1 1 demonstrate methods of (A) providing
he specialized services needed to rehabilUate
ind make maximum use of the vocatioual
)otentlal of deal individuals, and (B) train-
ng the specialized professional and allied
)ersonnel required adequately to staff facili-
les designed to provide such services and
raining persot;nel who have been or will be
vorking with such individuals;
(2) conduct research In the nature and
sreveution of the problems of such deaf
ndivlduals and in the rehabilitation of these
ndlvlduals; and
1 3 ) improve the understanding of the gen-
!ral public, employers In particular, of both
;he assets and problems of such deaf Indlvld-
ials;
;he Commissioner, subject to the provisions
3f section 313, Is authorized to make grants
;o or contracts with any public or nonprofit
igency or organization for payment by the
United States of all or part of the costs of
:he establishment and operation. Including
:onstructlon and equipment, of one or more
renters for the vocational rehabilitation of
leaf individuals -Ahose maximum vocational
potential has not been achieved, which shall
be known as Rehabilitation Centers for Deaf
[ndivlduals.
(c) Any agency or organization desiring to
receive a grant or enter into a contract un-
der this section shall submit a proposal
therefor at such time. In such manner, and
containing such information as may be pre-
scribed In regulations by the Commissioner.
[n considering such proposals the Commis-
sioner shall give preference to proposals
which (1) give promise of maximum effec-
tiveness in the organization and operation
of a Rehabilitation Center for Deaf Indi-
viduals, and (2) give promise of offering the
substantial capability in providing a broad
program of service and related research,
training, and other activities in the held of
rehabilitation of deaf individuals whose
maximum vocational potential has not been
achieved.
(d) For the purposes of this section, the
Commissioner shall prescribe regulations
to —
( 1 ) provide a means of determining the
population of deaf individuals whose maxi-
mum vocational potential has not been
achieved;
i2i insure that. In carrying out the pur-
poses of this section, provision has been
made for coordination between the agency
or organization receiving funds under this
section on the one hand, and the State and
kKal educational agencies in the area to be
served on the other: and
(3) provide that an advisory board, com-
prised of qualified professional and expert
individuals in the fields of rehabilitation and
education of deaf individuals, be appointed
to assure proper functioning of a Center
established under this section in accordance
with its stated objectives and to provide as-
sistance In professional, technical, and other
related areas; and that at least one-third of
the members of such board shall be deaf
Individuals.
(e) To be eligible to receive vocational or
comprehensive rehabilitation services under
this section, a deaf individual must be six-
teen years of age or older, must have reached
the age at which the compulsory school at-
tendance laws of the State In which he re-
sides are no lohger applicable to him, and
must be an individual whose maximum voca-
tional potential (as defined in regulations
which the Commissioner shall prescribe) has
not been achieved.
(f) Programs carried out under this sec-
tion shall be coordinated with programs car-
ried out by the Bureau of Education for the
Handicapped within the Office of Education
in order to achieve a consistent education
and rehabilitation philosophy, to provide for
continuity of services and program purpose,
and to avoid unnecessary duplication or over-
lap of programs.
NATIONAL CENTESS FOE SPINAL CORD INJURIES
Sec. 308, (a) For the purpose of establish-
ing and operating National Centers for Spinal
Cord Injuries, there is authorized to be ap-
propriated $15,000,000 for the fiscal year end-
ing Jime 30, 1973; $25,000,000 for the fiscal
year ending June 30, 1974; and $30,000,000 for
the fiscal year ending June 30, 1975. Funds
appropriated under this section shall remain
available until expended.
(b) In order —
(1) to help establish national centers with
special competencies in providing prompt,
complete vocational and comprehensive re-
habUltatiou services and acute medical care
to individuals with spinal cord Injuries;
(2) to assist in meeting the costs of such
services to such individuals;
(3) to encourage and assist the study and
development of methods for the provision
of such services and, where appropriate and
desirable, to carry out necessary related re-
search and training; and
(4) to develop new methods of achieving
cooperation with and among community and
other public and nonprofit organizations con-
cerned with the problems of spinal cord
injury;
the Commissioner, subject to the provisions
of section 313, is authorized to enter into an
agreement with any public or nonprofit
agency or organization to pay all or part of
the costs of the establishment and opera-
tion, including construction and equipment,
of centers to carry out the purposes of this
subsection, which centers shall be known as
National Centers for Spinal Cord Injuries.
(c) Any agency or organization desiring to
enter into such an agreement shall submit a
proposal therefore at such time, in such
manner, and containing such Information as
may be prescribed in regulations by the Com-
missioner. In considering such proposals the
Commissioner shall provide un opportunity
for suomission of comments by the State
agency administering the State plan under
section 101, and shall give preference to pro-
posals which (1) give promise of maximum
effectiveness in the organization and opera-
tion of National Centers for Spinal Cord In-
juries, and which include provisions to —
(A) establish, on an appropriate regional
basis, a multldiscipUnary system of providing
vocational and comprehensive rehabilitation
services, specifically designed to meet the
special needs of Individuals with spinal cord
injuries including, but not limited to, acute
medical care and periodic Inpatient or out-
patient followup:
(B) demonstrate and evaluate the benefits
to Individuals with spinal cord Injuries
served in, and the degree of cost effective-
ness of, such a regional system;
(C) demonstrate and evaluate existing,
new, and improved methods and equipment
essential to the care, management, and re-
habilitation of individuals with spinal cord
injuries;
(D) demonstrate and evaluate methods of
community outreach for individuals with
spinal cord Injuries and community educa-
tion in connection with the problems of such
Individuals in areas such as housing, trans-
portation, recreation, employment, and com-
munity activities;
and (2) give promise of offering substantial
skill, experience, and capability in providing
a comprehensive program of services and
related activities in the field of rehabilitation
of Individuals with spinal cord injuries.
GRANTS FOR SERVICES FOR END-STAGE RENAL
DISEASE
Sec 309. (a) For the purpose of providing
services under this section for the treatment
of Individuals suffering from end-stage renal
disease there is authorized to be appropri-
ated $25,000,000 fcJr the fiscal year ending
June 30, 1973, $25,000,000 or the fiscal year
ending June 30, 1974; and $25,000,000 for the
fiscal year ending June 30, 1975, Funds ap-
propriated under this subsection shall re-
main available until expended.
(b) From sums available pursuant to sub-
section (a) of this section for any fiscal year,
the Commissioner shall make grants to States
and public and nonprofit agencies and orga-
nizations and agencies for paying part of
the cost of projects for providing special
services i Including transportation and di-
alysis), artificial kidneys, and supplies nec-
essary for the rehabilitation of individuals
suffering from end-stage renal disease.
(e) Payments under this section may be
made in advance or by way of reimburse-
ment for services performed and purchases
made, as may be determined by the Com-
missioner, and shall be made on such con-
ditions as the Commissioner finds neces-
sary to carry out the purposes of this sec-
tion.
REHABILITATION SERVICES FOR OLDER BLIND
INDIVIDUALS
Sec 310. (a) For the purpose of providing
rehabilitation services to older blind individ-
uals, there is authorized to be appropriated
$10,000,000 for the fiscal year ending June
30, 1973: $20,000,000 for the fiscal year end-
ing June 30, 1974; and $30,000,000 for the
fiscal year ending June 30, 1975,
(b) In order —
(1) to demonstrate methods of (A) pro-
vididg the specialized intensive services, as
well as other services, needed to rehabilitate
older blind Individuals, and (B) training the
professional and allied personnel needed to
provide such services;
(2) to conduct research In the problems of,
and ways of meeting the problems of reha-
bilitating older blind individuals; and
(3) to aid in the conduct of related activi-
ties which will expand or improve the serv-
ices for. and help Improve public under-
standing of, the problems of older blind In-
dividuals,
the Commissioner, subject to the provisions
of section 313, is authorized to make grants
to and contracts with States and public and
nonprofit agencies to pay all or part of the
costs of projects and demonstrations (1) for
providing vocational or comprehensive re-
habilitation services to older blind individ-
uals which, in the judgment of the Commis-
sioner, hold promise of expandinfr or other-
wise Improving such services, and (2) for
applying new types or patterns of such serv-
ices or devices to, or for the benefit of, older
blind individuals,
(c) For the purpose of this section, the
term "older blind individuals" means Indi-
viduals, age fifty-five and older, whose severe
visual Impairment makes gainful employ
January ,4, 1073
CONGRESSIONAL RECORD — SEN ATE
175
ment les^ readily attainable in the light of
current employment practices,
NATIONAL ADVISORY COUNCIL ON REHABILITA-
TION OF HANDICAPPED INDIVIDUALS
Sec. 311. (a) There is established in the
Department of Health, Education, and Wel-
fare, a National Advisory Council on Re-
habilitation of Handicapped Individuals
(hereinafter referred to in this section as
the 'Councir') consisting of twenty mem-
bers appointed by the Commissioners with-
out regard to civil service laws shall be from
among persons who are leaders in fields con-
cerned with rehabilitation or in public af-
fairs, and ten of .-juch twenty shall be selected
from among leading medical, educational, or
scientific authorities with outstanding qual-
ifications in the rehabilitation of handi-
capped individuiils. Eight of such twenty
members shall be persons who are them-
selves handicapped or who have received vo-
cational rehabilitation services. Each sudi
member of the Council shall hold office for a
term of four years, except that any mem-
ber appointed to fill a vacancy occurring
prior to the expiration of the term for which
his predecessor is appointed shall be ap-
pointed for the remainder of such term and
except that, of the members first appointed,
five shall hold office for a term of two years,
and five shall hold office for a term of cne
year, as designated by the Commissioner at
the time<af appointment. None of such mem-
bers shallhe eligible for reappointment until
a year has felapsed after the end of his pre-
ceding term. The Council shall meet not less
than four times a year at the call of the
Chairman, who shall be selected from among
its membership by the members,
(b) The Council shall —
( 1 ) provide policy advice and consultation
to the Secretary and the Commissioner on
the planning ( Including determination of
priorities) , conduct, and review of programs
(including research and training) authorized
under this Act;
(2) review the administration and opera-
tion of vocational rehabilitation (Including
research and training) programs under this
Act. Including the effectiveness of such pro-
grams in meeting the purposes for which
they are established and operated and the
Integration of research and training activi-
ties with service program goals and priori-
ties, make recommendations with respect
thereto, and make annual reports of Its
findings and recommendations (including
recommendations for changes In the pro-
visions of this Act) to the Secretary and
the Commissioner for annual transmittal to
the Congress;
(3) advise the Secretary and the Com-
missioner with respect to the conduct of
Independent evaluations of programs ( in-
_cluding research and training) carried out
under this Act; and
14) provide such other advisory services
as the Secretary and the^Commissloner may
request.
(c)(1) Adequate technical assistance and
support staff for the Council shall be pro-
vided from the Office for the Handicapped,
the Rehabilitation Services Administration,
or from any other Federal agency, as the
Council may reasonably request.
(2) There is authorized to be appropriated
for the purpose of carrying out this section
$100,000 for the fiscal year ending June 30,
1973, and $150,000 for each of the two suc-
ceeding fiscal years.
(d) Tlie Council shall review the possible
duplication among vocational rehabilitation
programs and other programs serving handi-
capped Individuals within the same geo-
graphical areas and shall make annual re-
ports of the extent to which unnecessary
duplication or overlap exists, together with
Its findings and recommendations, concur-
rently to the Commissioner and the Con-
gress. In making these reports, the Council
shall seek the opinions of persons familiar
with vocational rehabilitation and the em-
ployment of persons who have received vo-
cational and comprehensive rehabilitation
services In each State as well as persons
familiar with labor, business and Industry,
education and training, health, and man-
power programs.
(e) Members of the Council, while at-
tending meetings or conferences thereof, or
otherwise serving on business of the Covm-
cll, or at the request of the Commissioner,
shall be entitled to receive compensation at
rates fixed by the Commissioner, but not
exceeding the dally" pay rate for a person
employed as a GS-18 under section 5332 of
title 5, United States Code, Including travel-
time, and while so serving away from their
homes or regular places of business they
may be allowed travel expenses, including
per diem in lieu of subsistence, as author-
ized by section 5703 of title 5, United States
Code, for persons in the Government serv-
ice employed Intermittently.
STATE ADVISORY COUNCILS
Sec 312. (a) For the purpose of establish-
ing State Advisory Councils, there Is author-
ized to be appropriated $2,000,000 for the
fiscal year ending June 30, 1973, and for each
of the two succeeding fiscal years.
(b) Any State which receives assistance
under this Act may establish and maintain
a State Advisory Council, which shall be ap-
pointed by the Governor, or, in the case of
a State in which members of the State board
which governs vocational rehabilitation are
elected (including election by the State
legislature) , by such board.
(c) (1) Such a State Advisory Council shall
include as members persons who are familiar
with problems of vocational rehabilitation in
the State and the administration of voca-
tional rehabilitation programs, and who are
experienced in the education and training
of handicapped individuals; persons who are
representative of labor and management, in-
cluding persons who have knowledge of the
employment of persons who have received
vocational rehabilitation services and of the
employment of handicapped individuals; and
individuals who are handicapped and who
are receiving or who have received vocational
rehabilitation services and who shall con-
stitute a majority of the total membership
of the State Advisory Council.
(2> Such a State Advisory Council, In ac-
cordance with regulations prescribed by the
Commissioner, shall —
(A) advise the Governor and the State
agency on the development of, and policy
matters arising In, the administration of the
State plan approved pursuant to section 101;
(B) advise with respect to long-range
planning and studies to evaluate vocational
rehabilitation programs, services, and activi-
ties assisted under this Act; and
(C) prepare and submit to the Governor
through the State agency having authority
over vocational rehabilitation programs, and
to the National Advisory Council on Re-
habilitation of Handicapped Individuals es-
tablished pursuant to section 311, an annual
report of its recommendations, accompanied
by such additional comments of the State
agency as that agency deems appropriate.
(d) Upon the appointment of any such
Advisory Council the appointing authority
under subsection (b) of this section shall
inform the Commissioner of the establish-
ment of, and membership of. Its State Ad-
visory Council, Tlie Commissioner shall, upon
receiving such information, certify that each
such cotmcll is in compliance with the
membership requirements set forth In sub-
section (b) (1) of this section.
(e) Each such State Advisory Council shall
meet within thirty days after certification
has been accepted by the Commissioner
under subsection (d) of this section and
select from among Its membership a chair-
man. The time, place, and manner of sub-
sequent meetings shall be provided by the
rules of the State Advisory Council, except
that such rules must provide that each such
council meet at least four times each year.
Including at least one public meeting at
which the public Is given the opportunity
to express views concerning vocational re-
habilitation.
(f) Each such State Advlsorj- Council Is
authorized to obtata the services of such
professional, technical, and clerical person-
nel as may be necessary to enable them to
carry out their functions under this section,
GENERAL GhANT AND CONTRACT REQUIREMENTS
Sec 313. (a) The provisions of this section
shall apply to all projects (Including annual
interest grants) approved and assisted under
this title. The Commissioner shall insure
compliance with this section prior to making
any grant or entering into any contract or
agreement under this title, except projects
authorized under sections 302, 309, 311. and
312.
(b) To be approved, an application for
assistance for a construction project under
this title must —
( 1 ) contain or be supported by reasonable
assurances that (A) for a period of not less
than twenty years after completion of con-
struction of the project It wUl be used as a
public or nonprofit facUity, (B) sufficient
funds will be available to meet the non-
Federal share of the cost of construction of
the project, and (C) sufficient funds will be
available, when construction of the project is
completed, for its effective use for iu in-
tended purpose;
(2) provide that Federal funds provided to
any agency or organization under this title
will be used only for the purpose.'? for which
provided and In accordance with the appli-
cable provisions of this section and the sec-
tion under which such funds are provided:
(3) provide that the agency or organiza-
tion receiving Federal funds under this title
will make an annual report to the Commis-
sioner, which he shall summarize and com-
ment upon In the annual report to the Con-
gress submitted under section 504;
(4) be accompanied or supplemented by
plans and specifications in which due con-
sideration shall be given to excellence of
architecture and design, and to the Inclusion
of works of art (not representing more than
1 per centum of the cost of the project), and
which comply with regulations prescribed
by the Commissioner related to minimum
standards of construction and equipment
(promulgated with particular emphasis on
securing compliance with the requirements
of the Architectural Barriers Act of 1968
(Public Law 90-480)), and with regulations
of the Secretary of Labor relating to occupa-
tional health and safety standards for re-
habUltatlon faculties; and
(5) contain or be supported by reasonable
assurance that any laborer or mechanic em-
ployed by any contractor or subcontractor In
the performance of work on any construction
aided by payments pursuant to any grant
under this section will be paid wages at
rates not less than those prevailing on simi-
lar construction In the locality as determined
by the Secretary of Labor in accordance with
Davis-Bacon Act, as amended (40 USC.
276a-276a5) : and the Secretary of Labor shall
have, with respect to the labor standards
specified In this paragraph, the authority
and functions set forth lu Reorganization
Plan Numbered 14 of 1950 (15 F.R, 3176)
and section 2 of the Act of June 13, 1934. as
amended (40 U.S.C. 276c) .
(c) Upon approval of any application for
a grant or contract for a project under this
title, the Commissioner shall resene, from
any appropriation available therefore, the
amount of such grant or contract determUied
under this title. In case an amendment to
an approval application Is approved, or the
estimated cost of a project Is revised upward,
any additional payment with respect thereto
1(6
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CONGRESSIONAL RECORD — SENATE
January 4, 1973
be made from the appropriation from,
wfcich the original reservation was made or
tfc e appropriation for the fiscal year In which
such amendment or revision is approved.
(d) If, within twenty years after comple-
n of any construction project for which
fi^ds have been paid under this title, the
iltty shall cease to be a public or non-
pifcflt facility, the United States shall be en-
isled to recover from the applicant or other
ner of the facility the amount bearing the
ratio to The then value (as determined
agreement of the parties or by action
t in the United States district court
the district in which such facility is situ-
) of the facility, as the amount of the
participation bore to the cost of
cckistructlon of such facility.
(e) Payment of assistance or reservation
fvmds made pursuant to this title may be
(after necessary adjustment, on ac-
nt of previously made overpajTnents or
: derpayments) in advance or by way of re-
lE^bursement, and In such Installments and
such conditions, as the Commissioner
determine.
( f ) A project for construction of a rehabOl-
lon facility which Is primarily a workshop
y. where approved by the Commissioner
necessary to the effective operation of the
illty, include such construction as may be
to provide resicfentlal accommoda-
for use In connection with the re-
habilitation of handicapped individuals,
(g) NcJ funds provided under this title may
used to assist in the construction of any
ility which is or will be used for religious
.ship or any sectarian activity,
(hi When in any State, funds provided
der this title will be used for providing
ect services to handicapped Individuals or
establishing facilities which wUl provide
h services, such services must be carried
In a manner not Inconsistent with the
Stkte plan approved pursuant to section 101.
(1) Prior to making any grant or entering
ln;o any contract under this title, the Com-
m ssloner shall afford reasonable opportunity
to the appropriate State agency or agencies
designated pursuant to section 101 to com-
mfnt on such grant or contract.
j ) With respect to any obligation Issued
b\l or on behalf of any public agency for
which the issuer has elected to receive the
benefits of mortgage insurance under section
30 5 or annual Interest grants under section
301. the Interest paid on such obligations
ard received by the purchaser thereof (or
hli successor in Interest) shall be Included
In gross Income for the purposes of chapter
1 >f the Internal Revenue Code of 1954.
nTLE IV— RESEARCH AND TRAINING
DECl..*R.\TION OF PURPOSE
SEC. 400. The purpose of this title Is to
authorize Federal as.sistance to State and
pi bile or nonprofit agencies and organlza-
tl( ns to —
I a) plan and conduct research, demonstra-
tions, and related actlvUles In the rehablllta-
n of handicapped Individuals, and
fbi plan and conduct courses of training
related activities designed to provide In-
numbers of trained rehabilitation
to Increase the levels of sklUs of
I)ersonnel, and to develop Improved
hods of providing such training.
.AtrrHORIZATlOX OF APPROPBI.ATIONS
3ec. 401. (a> In order to make grants and
CO airacts to carry out the purposes of this
tl le, there is authorized to be appropriated:
1 1 1 For the purpose of carrying out section
4C2 of this title. $75,000,000 for the fiscal
yjr ending June 30, 1973. SIOO.000.000 for
fiscal year ending June 30, 1974, and
OOO.CKK) for the fiscal year ending June
1975. of which 15 per centum, 25 per
itum. and 25 per centum of the amounts
adproprlated In the first, second, and third
ch fiscal years, respectively, shall be avall-
for the purpose of carrying out activi-
ties under section 402(b)(2).
ti<i
ar d
cr fa-sed
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sich
m Y
the
$150,1
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alle
( 2 ) For the purpose of carrying out section
403 of this title, $50,000,000 for the fiscal year
ending June 30. 1973, .$75,000,000 for the fiscal
year ending June 30, 1974, and $100,000,000
for the fiscal year ending June 30, 1975.
(b) Funds appropriated under this title
shall remain available until expended.
BESE.\RC1I
Sec. 402. (a) The Commissioner Is au-
thorized to make grants to and contracts with
State and public or nonprofit agencies and
organizations, including institutions of
higher education, to pay part of the cost of
projects for the purpose of planning and
conducting research, demonstrations, and re-
lated activities which bear directly on the
development of methods, procedures, and de-
vices to assist in the provision of vocational
and comprehensive rehabilitation services to
handicapped individuals, especially those
with the most severe handicaps, under this
Act. Such projects may Include medical and
other scientific, technical, methodological,
and other investigations into the nature of
disability, methods of analyzing It, and re-
storative techniques: studies and analyses of
industrial, vocational, social, psychological,
economic, and other factors affecting re-
habilitation of handicapped individuals; spe-
cial problems of homebound and institution-
alized Individuals; studies and analyses of
architectural and engineering design adapted
to meet the special needs of handicapped
Individuals; and related activities which hold
promise of increasing knowledge and Improv-
ing methods in the rehabilitation of handi-
capped individuals and Individuals with the
most severe handicaps.
(b) In addition to carrying out projects
under subsection (a) of this section, the
Commissioner is authorized to make grants
to pay part or all of the cost of the follow-
ing specialized research activities:
(1) Establishment and support of Re-
habilitation Re.search and Training Centers to
be operated In collaboration with institutions
of higher education for the purpose of pro-
viding coordinated and advanced programs
of research in rehabilitation and training of
rehabilitation' research personnel. Including,
but not limited to. graduate training. Grants
may Include funds for services rendered by
such a center to handicapped Individuals in
connection with such research and training
activities.
(2) Establishment and support of Re-
habUltatlon Engineering Research Centers to
(A) develop Innovative methods of applying
advanced medical technology, scientific
achievement, and psychological and social
knowledge to solve rehabilitation problems
through planning and conducting research,
including cooperative research with public
or private agencies and organizations, de-
signed to produce new scientific knowledge,
equipment, and devices suitable for solving
problems in the rehabilitation of handi-
capped individuals and for reducing environ-
ment barriers, and to (B) cooperate with the
Office for the Handicapped and State agen-
cies designated pursuant to section 101 In
developing systems of information exchange
and coordination to promote the prompt
utilization of engineering and other scientl.?lc
research to assist in solving problems In the
rehabilitation of handicapped individuals.
'3) Conduct of a program for spinal cord
l.i.urv research in support of the National
Centers lor Spinal Cord Injuries established
pursuant to section 308 which will (A) insure
di^bomiuation of research findings among all
such centers. (Bi provide encouragement and
^uppon for initiatives and new approaches by
individual and institutional investigators,
and (C) establish and maintain close work-
ing relationships with other governmental
and voluntary Institutions and organizations
engaged in similar efforts. In order to unify
and coordinate scientific efforts, encourage
Joint planning, and promote the Interchange
of data and reports among spinal cord Injury
investigators,
(4) Conduct of a program for interna-
tional rehabilitation research, demonstra-
tion, and training for the purpose of develop-
ing new knowledge and methods in the re-
habilitation of handicapped individuals in
the United States, cooperating with and as-
sistmg in developing and sharing informa-
tion found UGeful in other nations \n. the
rehabilitation of handicapped individuals.
and Initiating a program to exchange experts
and technical assistance m the field of reha-
bilitation of handicapped individuals with
other nations as a means of increasing the
levels of skill of rehab. Utation personnel.
(c) The provisions of section 313 shall
apply to assistance provided under this sec-
tion, unless the context indicates to the con-
trary.
TRAINING
Sec. 403. (a) The Commissioner is author-
ized to make grants to and contracts with
States and public or nonprofit agencies and
organizations, Including institutions of
higher education, to pay part of the cost of
projects for training, traineeships. and re-
lated activities designed to assist in increas-
ing the numbers of personnel trained m pro-
viding vocational and comprehensive reha-
bilitation services to handicapped individ-
uals and in performing other functions
necessary to the development of such
services.
(b) In making such grants or contracts,
funds made available for any year will be
utilized to provide a balanced program of
assistance to meet the medical, vocational,
and other personnel training needs oi both
public and private rehabilitation programs
and institutions, to include projects in re-
habilitation medicine, rehabilitation nursing,
rehabilitation counseling, rehabilitation so-
cial work, rehabilitation psychology, physical
therapy, occupational therapy, speech pa-
thology and audiology. workshop and facil-
ity administration, prosiiietics and orthotics,
specialized personnel in services to the blind
and the deaf, recreation for ill and handi-
capped individuals, and other fields contrib-
uting to the rehabilitation of handicapped
Individuals, including homebound and in-
stitutionalized Individuals. No grant shall be
made under this section for furnishing to an
Individual any one course of study extend-
ing for a period in excess of four years.
REPORTS
Sec. 404. There shall be included In the
annual report to the Congress required by
section 504 a full report on the research and
training activities carried out under this
title and the extent to which such research
and training has contributed directly to the
development of methods, procedures, devices,
and trained personnel to assist in the pro-
vision of vocational or comprehensive reha-
bilitation services to handicapped individ-
uals and those with the most severe handi-
cap.'i under this Act.
TITLE V— .A.DMINISTRATION AND PRO-
GRAM AND PROJECT EVALUATION
ADMINISTRATION
Sec. 500. (a) In carrying out his duties
under this Act. the Commissioner shall —
(1) cooperate with, and render technical
assistance (directly or by grant or contract)
(o States In matters relating to the reha-
bilitation of handicapped individuals;
(2) provide short-term training and in-
struction in technical matters relating to
vocational and comprehensive rehabilitation
services. Including the establishment and
maintenance of such research fellowships
and traineeships. with such stipends and
allowances ( including travel and subsistence
expenses), as he may deem necessary, except
that no such training or instruction (or fel-
lowship or scholarship) shall be provided any
Individual for any one course of study for a
January 4, 1973
CONGRESSIONAL RECORD — SENATE
177
period in excess of four years, and such
training, Instruction, fellowships. and
traineeships may be In the fields of rehabili-
tation counseling, rehabilitation social work,
rehabilitation psychology, physical therapy,
occupational therapy, speech pathology and
audiology, prosthetics and orthotics, recrea-
tion for ill and handicapped individuals, and
other specialized fields contributing to the
rehabilitation of handicapped individuals;
and
(3) disseminate Information relating to vo-
cational and comprehensive rehabilitation
ser\'ices. and otherwise promote the cause of
the rehabilitation of handicapped individ-
uals and their greater utilization in gainful
and suitable employment.
(b) The Secretary Is authorized to make
rules and regulations governing the adminis-
tration of this title and titles VI and VI of
this Act, and to delegate to any officer or
employee of the Umted States such of his
powers and duties under such titles, except
the making of rules and regulations, as he
finds necessary to carry out the provisions of
such titles. Such rules and regulations, as
■well as those prescribed by the Commissioner
of the Rehabilitation Services Administra-
tion under titles I, II, III, and IV of this Act
shall be published In the Federal Register,
on at least an Interim basis, no later than
ninety days after the date of enactment of
this Act.
(c) The Secretary is authorized (directly
or by grants or contracts) to conduct stud-
ies. Investigations, and evaluation of the pro-
grams authorized by this Act, and to make
reports, with respect to abilities, aptitudes,
and capacities of handicapped individuals,
development of their potentialities, their
utilization in gainful and suitable employ-
ment, and with respect to architectural,
transportation, and other environmental and
attltudlnal barriers to their rehabilitation,
including the problems of homebound, in-
stitutionalized, and older blind Individuals.
(d) There Is authorized to be included for
each fiscal year In the appropriation for the
Department of Health, Education, and Wel-
fare such sums as are necessary to administer
the provisions of this Act.
(e) In carrying out their duties under
this Act, the Secretary and the Commis-
sioner, respectively, shall inspire 'he maxi-
mum coordination and consultation, ut both
national and local level.s, with the Adminis-
trator of Veterans' Affairs and his designees
with respect to programs for and relating to
the rehabilitation of disabled veterans car-
ried out under title 38, United States Cod?.
(f) With respect to the admlntstration of
the program authorized by section 309. ti?
Secretary shall insure that the provision of
services under such section Is coordinated
with similar services provided or paid for
under health programs pursuant to other
Federal laws.
PROGRAM AND PROJECT EVALUATION
Sec .501. (a)(1) The Secretary shall mea-
sure and evaluate the Impact of all pro-
grams authorized by this Act. in order to de-
termine their effectiveness in achieving stated
goals in general, and In relation to their
cost, their Impact on related programs, and
their structure and mechanisms for delivery
of services, including, where appropriate,
comparisons with appropriate control groups
composed of persons who have not par[icl-.
pated in such programs. Evaluations .shsli
be conducted by persons not Immediately
Im-olved In the administration of the pro-
gram or project evaluated.
(2) In carrying out his responsibilities
under this subsection, the Secretary. In the
case of research, demonstrations, and re-
lat?d activities carried out under sectlo;i 402.
shall, after taking Into consideration the
views of State agencies designated purjuant
to section 101, on an annual basis —
(A) reassess priorities to which such ac-
tivities should be directed; and
(B) review present research, demonstra-
tion, and related activities to determine, In
terms of the purpose specified for such \c-
tivities by subsecton (a) of such section 402
whether and on what basis such activities
should be continued, revised or terminated.
(3) The Secretary shall, within 12 months
after the date of enactment of this \"A. and
on each April 1 thereafter, prepare and fur-
nish to the appropriate committees of the
Congress a complete report on the determi-
nation and review carried out under para-
graph (2) of this subsection, together with
such recommendations. Including any recom-
mendations for additional legislation, as h ■
deems appropriate.
(b) Effective after June 30. 1973, before
funds for the programs and projects covered
by this Act are released, the Secretary shall
develop and publish general standards for
evaluation of the program and project effec-
tiveness in achieving the objectives of this
.^ct. He shall consider the extent to -which
such standards have been met In deciding. In
accordance with procedures set forth In sub-
sections (b), (c). and (d) of section 101.
whether to renew or supplement financial
assistance authorized under any section of
this .^ct. Reports submitted pursuant to sec-
tion 504 shall describe the actions taken as
a result of these evaluations.
(c) In caB^ylng out evaluations under this
title, the Secretary shall, whenever possible,
arrange to obtain the specific views of persons
participating In and served by programs and
projects assisted under this Act about such
programs and projects.
(dl The Secretary shall publish the results
of evaluative research and summaries of
evaluative research and summaries of evalua-
tions of program and project Impact and ef-
fectiveness no later than ninety days after
the completion thereof. The Secretary shall
submit to the appropriate committees of the
Congress copies of all such research studies
and evaluation summaries.
lei The Secretary shall take the necessary
action to assure that all studies, evaluations,
proposals, and data produced or developed
with assistance under this Act shall become
the property of the United States.
OBTAINING INFORM.ATION FROM FEDERAL
AGENCIES
Sec. 502. Such information as the Secretary
may deem necessary for purposes of the eval-
uations conducted under this title shall be
made availaBte to him, upon request, by the
agencies of the\xecutlv€ branch.
Sec. 502. Such Viformat Ion as the Secretary
may deem necess^y for purposes of the eval-
uations conducteAiinder this title shall be
made available to mm. upon request, by the
agencies of the executive branch.
AUTHORIZATION OP APPROPRIATIONS
Sec. 503. There Is authorized to be appro-
priated with sums as the Secretary may re-
quire, but not to exceed an amount equal to
one-half of 1 per cent\im of the funds appro-
priated under titles I. II, III, and IV of this
Act or $2,000,000, whichever Is greater, to be
available to conduct program and project
evaluations a.s required by this title.
REPORTS
Sec. 504. Not later than one hundred and
twenty days after the close of each fiscal
year, the Secretary shall prepare and submit
to the President and to the Congress a full
and complete report on the activities carried
out under this Act Such annual reports
shall Include (1) statistical data reflecting,
with the maximum feasible detail, vocational
and comprehensive rehabilitation services
provided handicapped individuals during the
preceding fiscal year. (2) specifically dis-
tinguish among rehabilitation clostires at-
tributable to physical restoration, placement
In competitive employment, extended or ter-
\ .
mlnal employment In a sheltered workshop
or rehabilitation facility, employment a,s a
homemaker or unpaid family worker, and
provision of comprehensive rehabilitation
services, and (3) Include a detailed evalua-
tion of services provided with assistance
under title I of this Act to those with the
most severe handicaps and of comprehen-
sive rehabilitation services provided pur-
suant to title II of this Act.
SHELTERED WORKSHOP STUDY
Sec. 505. (a) The Secretary shall conduct
an original study of the role of sheltered
workshops in the rehabilitation and em-
ploj-ment of handicapped individuals. Includ-
ing a study of wage payments In sheltered
workshops. The study shall incorporate
guidelines which are conslstentj'lth criteria
provided in resolutions adopt^^'by the Com-
mittee on Labor and Public Welfare of the
United States Senate or the Committee on
Education and Labor of the United States
House ol Representatives, or both.
(bi The study shall include site visits to
sheltered workshops. Interviews with handi-
capped trainees or clients, and consultations
with Interested Individuals and groups and
State agencies designated pursuant to sec-
tion 101.
(c) Any contracts awarded for the purpose
of carrying out all or part of this study shall
not be made with individuals or groups with
a financial or other direct Interest in shel-
tered workshops.
(d) The Secretary shall report to the Con-
gress his findings and recommendations with
respect to such study within twenty-four
months after the date of enactment of this
Act.
TITLE VI — OFFICE FOR THE
HANDICAPPED
ESTABLISHMENT OF OFFICE
Sec. 600. There is established within the
Office of the Secretary In the Department of
Health. Education, and Welfare an Office for
the Handicapped (hereinafter In this title
referred to as the "Oflice"). The Office shall
be headed by a Director, who shall serve as
a Special Assistant to the Secretary and shall
report directly to him. and shall be provided
such f>ersonnel as are necessary to carry out
the functions set forth In section 601. In
selecting personnel to fill all positions In the
Office, the Secretary shall give special em-
phasis to qualified handicapped Individuals.
FUNCTIO.V OF OFFICE
Sec. 601. It shall be the function of the
Office, with the assistance of agencies within
the Department, other departments and
agencies within the Federal Government,
handicapped individuals, and public and pri-
vate agencies and organizations, to — p
(1) prepare and submit to the Secreta.^,
for submission to the Congress within elght-
eei months after the date of enactment of
this Act. a long-range projection for the pro-
vision of comprehensive services to handi-
capped Individuals and for programs of re-
search, evaluation, and training rela'ed to
such sjrvlc^s and individuals;
(2) analyze on a continuing basis and sub-
mit to the Secretary, for Inclusion In his
report submitted under secti.-n 504. a report
on the results of such analvsis, program
operation to determine consistency with ap-
plicable provisions of law. progress toward
meeting the goals and priorities set forth In
the projection required under clause d ) . and
the effectiveness of a'rpr^era.m; p"oviding
services to handicapped ii-dividuals. and the
elimination of unnecessary duplication and
overlap in such programs under the juris-
diction of the Secretary;
(3) encourage coordinated and cooperative
planning designed tcKiDroduce maximum ef-
fectiveness, sensitivity, and continuity in the
provision of services for handicapped Indi-
viduals by all programs under the jurisdiction
of the Secretary;
178
CONGRESSIONAL RECORD — SENATE
January 4,
1973
(4) provide assistance (Including staff as-
sistance) to the National Advisory Council
on Rehabilitation of the Handicapped estab-
lished by section 311 of this Act, the National
Advisory Council on the Education of the
Handicapped established by section 604 of
the Education of the Handicapped Act (title
VI. Public Law 91-230). and other commit-
tees advising; the Secretary on programs for
ha:idicapped Individuals:
(5) develop means of promoting the
prompt utilization of engineering and other
scientific research to assist In solving prob-
lems in education (including promotion of
the development of curriculums stressing
barrier free design and the adoption of such
curriculums by schools of architecture, de-
sign, and engineering), health, employment,
rehabilitation, architectural and transporta-
tion barriers, and other areas so as to bring
ab'.ut the full integration of handicapped
individuals into all aspscts of society;
(6) provide a central clearinghouse for In-
formation and resource availability for
handicapped individuals through (A) the
evaluation of systems within the Department
of Health, Education, and Welfare, other de-
partments and agencies oflthe Federal Gov-
ernment, public and private agencies and or-
ganizations, and other sources, which pro-
vide (1) information and data regarding the
location, provision, and availability of serv-
ices and programs for handicapped individu-
als, regarding research and recent medical
and sclentitic developments tearing on
handicapping conditions (and their preven-
tion. Etmelioratlon, cause, and cures), and
regarding the current numbers of handi-
capped individuals and their needs, and (li^^
any other such relevant information and
data which the Office deems necessary-; and
(B) utilizing the results of such evaluation
and existing information systems, the de-
velopment within such Department of a co-
ordinated system of information and data
retrieval, which will have the capacity and
responsibility to provide general and specific
Information regarding the information and
data referred to In subclause (A) of this
clause to the Congress, public and private
agencies and organizations, handicapped In-
dividuals and their families, professionals in
fields serving such Individuals, and the gen-
eral public; and
(7) carry out such additional advisory
functions and responsibilities, consistent
with the provisions of this title, as may be
assigned to It by the Secretary or the Presi-
dent, except that such function or any other
function carried out under clauses (1)
through (5) of this section shall not include
budgetary, policy, or program control by the
Office over any program.
AtrTHORIZ.^TION OP APPROPRIATIONS
Sec. 602. There Is authorized to be appro-
priated for the purposes of this title $1,000.-
000 for the fiscal year ending June 30, 1973.
$2,000,000 for the fiscal year ending June 30,
1974. and S2.000.000 for the fiscal year end-
ing June 30, 1975.
TITLE VII— MISCELLANEOUS
EFFECT ON EXISTING LAWS
Sec 700. The Voc^ional Rehabilitation
Act (29 U.S.C. 31 et seq.) Is repealed ninety
days after the date of enactment of this Act
and references to such Vocational Rehabil-
itation Act In any other provision of law
shall, ninety days after such date, be deemed
to be references to the Rehabilitation Act of
1972. Unexpended appropriations for carry-
ing out the Vocational Rehabilitation Act
may be made available to carry out this Act,
as directed by the President. Approved State
plans for vocational rehabilitation, approved
projects, and contractual arrangements au-
thorized under the Vocational Rehabilita-
tion Act will be recognized under compara-
ble provisions of this Act so that there Is no
disruption of ongoing activities for which
there Is continuing authority.
FEDERAL INTERAGENCY COMMrrTEE ON
HANDICAPPED EMPLOYEES
Sec. 701. (a) There is established within
the Federal Government an Interagency
Committee on Handicapped Employees
(hereafter in this section referred to as the
"Committee"), comprised of the following
(or their designees whose positions are Exec-
utive Level rv or higher); the Chairman
of the Civil Service Commission, the Admin-
istrator of Veterans' Affairs, and the Secre-
taries of Labor and Health, Education, and
Welfare. The Chairman of the President's
Committee on Employment of the Handi-
capped and the Chairman of the President's
Committee on Mental Retardation shall
serve as ex officio members of the Interagency
Committee, and the Secretary of Health,
Education, and Welfare shall serve as Chair-
man of the Committee. The resources of
such President's Committees shall be made
fully available to the Committee established
pursuant to this section. The Commissioner
shall serve as Executive Director of the Com-
mittee. It shall be the purpose and function
of the Committee to Insure, through the es-
tablishment of affirmative action programs,
the adequacy of hiring, placement, and ad-
vancement practices with respect to handi-
capped individuals, by each department,
agency, and Instrumentality in the executive
branch of Government, and that the special
needs of such individuals are being met.
(b) Each department, agency, and instru-
mentality In the executive branch shall,
within one hundred and eighty days after
the date of enactment of this Act, submit to
the Committee an affirmative action pro-
gram plan for the hiring, placement, and
advancement of handicapped individuals In
such department, agency, or Instrumentality.
Such plan shall Include a description of the
extent to which and methods v/hereby the
special needs of handicapped employee! are
being met.
(c) The Committee shall develop and
recommend to the Secretary for referral to
the appropriate State agencies, policies and
procedures which will facilitate the hiring,
placement, and advancement In employment
of individuals who have received rehabilita-
tion .services under State vocational rehabili-
tation programs, veterans" programs, or any
other program for handicapped Individuals,
Including the promotion of Job opportunities
for such individuals. The Secretary shall en-
courage such St^.te agencies to adopt and
Implement such policies and procedures.
(d) The Committee shall, on June 30, 1973,
and at the end of each subsequent fiscal year,
make a complete report to the appropriate
committees of the Congress with respect to
the practices of hiring, placement, and ad-
vancement of handicapped individuals by
each department, agency, and Instrumental-
ity and the effectiveness of the affirmative ac-
tion programs required by subsection (b) of
this section, together with recommendations
as to legislation or other appropriate action
to Insure the adequacy of such practices.
Such report shall also Include a description of
the effectiveness of the Committee's activities
under subsection (c) of this section.
(e) An Individual who, as a part of his in-
dividualized written rehabilitation program
under a State plan approved under this Act,
participates in a program of unpaid work
experience In a Federal agency, shall not, by
reason thereof, be considered to be a Federal
employee or to be subject to the provisions
of law relating to Federal employment, in-
cluding those relatltig to hours of work, rates
of compensation, leave, unemployment com-
pensation, and Federal employee benefits.
(f)(1) The Secertary of Labor and the
Secretary of Health. Education, and Welfare
are authorized and directed to cooperate
with the President's Committee on Employ-
ment of the Handicapped in carrying out its
functions
(2) There are authorized to be appropri-
ated for salaries and expenses of the Presi-
dent s Committee on Employment of the
Handicapped $1,000,000 for the fiscal year
ending June 30, 1973. and $1,250,000 for' the
fiscal year ending June 30, 1974. In selecting
personnel to fill all positions on the Presi-
dent's Committee on Employment of the
Handicapped, special consideration shall be
given to qualified handicapped Individuals.
NATIONAL COMMISSION ON TRANSPORTATION
AND HOUSING FOR HANDICAPPED INDIVIDUALS
Sec 702. (a) There is established In the
Department of Health. Education, and Wel-
fare a National Commission on Transporta-
tion and Housing for Handicapped Individ-
uals, consisting of the Secretary of Health,
Education, and Welfare (or his designee),
who shall be Chairman, tlie Secretary of
Housing and Urban Development, the Secre-
tary of Transportation and the Secretary of
the TreEisury (or their respective dasignees),
and not more than fifteen members ap-
pointed by the Secretary of Health, Educa-
tion, and Welfare without regard to the civil
service laws. The fifteen appointed members
shall be representative of the general public,
of handicapped individuals, and of private
and professional groups having an Interest
In, and able to contribute to the solution of,
the transportation and housing problems
which Impede the rehabilitation of handi-
capped Individuals.
(b) The Commission, In consultation with
the Architectural and Transportation Com-
pliance Board established pursuant to sec-
tion 703. shall (1) (Ai determine how and to
what extent transportation barriers impede
the mobility of handicapped individuals and
aged handicapped individuals and consider
ways in which travel expenses in connection
with transportatior to and from work for
handicapped individuals can be met or sub-
sidized when such individuals are unable to
use mass transit systems or need special
equipment in private transportation, and
(B) consider the housing needs of handi-
capped individuals: (2) determine what
measures are being taken especially by pub-
lic and other nonprofit agencies and groups
having an interest in and a capacity to deal
with such problems. (A) to eliminate bar-
riers from public transportation systems (in-
cluding vehicles used In such systems), and
to prevent their incorporation In new or
expanded transportation systems and (B) to
make housing available and accessible to
handicapped Individuals or to meet sheltered
housing needs; and (3) prepare plans and
proposals for such further action as may be
necessary to the goals of adequate transpor-
tation and housing for handicapped indi-
viduals, IncludlnF, proposals for bringing to-
gether in a cooperative effort, agencies, orga-
nizations, and groups already woriiing toward
such goals or whose cooperation Is essential
to effective and comprehensive action.
(c) The Commission is authorized to ap-
point such special advisory and technical
experts and consultants, and to establish
such committees, as may be useful in carry-
ing out its functions, to make studies, and to
contract for studies or demonstrations to
assist it i!i performing Its functions. The
Secretary shall make available to the Com-
mission "such technical, administrative, and
other assistance as it may require to carry out
Its functions.
(d) Appointed members of the Commis-
sion and special advisory and technical ex-
perts and consultants appointed pursuant to
subsection (c) shall, while attending meet-
ings or conference thereof or otherwise serv-
ing on business of the Commission, be en-
titled to receive compensation at rates flx?<l
by the Secretary, but exceeding the not
daily pav rate, for a person employed as a
GS-18 under section 5332 of title 5. United
States Code, Including traveltlme and while
so serving away from their homes or regular
January 4, 1^73
CONGRESSIONAL RECORD — SENATE
179
places of business they may be allowed travel
expenses, Including per diem in lieu sub-
sistence as authorized by section 5703 of such
title 5 for persons in the Government serv-
ice employed intermiicently.
(e) The Commission shall prepare two
final reports of its activities. One such re-
port shall be on Its activities in the field of
transportation carriers of handicapped In-
dividuals, and the other such report shall be
on Its activities In the field of the housing
needs of handicapped individuals. The Com-
mission shall, prior to January 1. 1975, sub-
mit each such report, together with Its rec-
ommendations for further carrying out the
purposes of this section, to the Secretary
for transmittal by him. together with his
recommendations, to the President and the
Congress. The Commission shall also prepare
for such submission an interim report of Its
activities in each such field within eighteen
months after the date of enactment of this
Act and such additional Interim reports as
the Secretary may request.
(f) The Commission shall on a frequent
and continuing basis, provide to the Architec-
tural and Transportation Barriers Compli-
ance Board established pursuant to section
703, such data and Information as it has ac-
quired or developed dviring the course of Its
investigations and studies and such reports
as It has submitted under subsection (e)
of this section. Such Board shall also provide
to the Commission such data and Informa-
tion acquired by It as the Commission may
reasonably request.
ARCKITECTURAL AND TRANSPORTATION BARRIERS
COMPLIANCE BOARD
Sec 703. (a) There is established within
the Federal Government the Architectural
and Transportation Barriers Compliance
Board (hereinafter referred to ais the
"Board") which shall be composed of the
heads of each of the following departments
or agencies (or their designees whose posi-
tions are Executive Level IV or higher) :
(1) Department of Health, Education, and
Welfare;
(2) Department of Transportation:
(3) Department of Housing and Urban De-
velopment;
(4) Department of Labor:
(5) Department of the Interior:
(6) General Services Administration;
(7) United States Postal Service; and
(8) Veterans' Administration.
(b) It shall be the function of the Board
to: (1) insure compliance with the standards
pre.scrlbed by the General Services Adminis-
tration, the Department of Defense, and the
Department of Housing and Urban Develop-
ment pursuant to the Architectural Barriers
Act of 1968 (Public Law 90-480). as amended
by the Act of March 5, 1970 (Public Law 91-
205); (2) investigate and examine alternative
approaches to the architectural, transporta-
tion, and attitudlnal barriers confronting
handicapped Individuals, particularly with
respect to public buildings and monuments,
parks and parklands, public transportation
(Including air. water, and surface transpor-
tation whether Interstate, foreign. Intrastate,
or local), and residential and institutional
housing: (3) determine what measures are
being taken by Federal. State, and local gov-
ernments and by other public or non-profit
agencies to eliminate the barriers described In
clause (2) of this subsection; (4) promote
the use of the International Accessibility
Symbol in all public facilities that are In
compliance with the standards prescribed by
the Administrator of the General Services
Administration, the Secretary of Defense, and
the Secretary of Housing and Urban Develop-
ment pursuant to the Architectural Barriers
Act of 19G8; (5) make reports to the President
and to Congress, which shall describe In de-
tail the results of Its li-vestlgations under
clauses (2) and (3) of this subsection; and
(6) make to the President and to the Con-
gress such recommendations for legislation
and administration as It deems necessary or
desirable to eliminate the barriers described
in clause (2) of this subsection.
(c) In carrying out Its functions under
this section, the Board shaU conduct Investi-
gations, hold public hearings, and Issue such
orders as It deems necessary to insure com-
pliance with the provisions of the Acts cited
in subsection (b). The provisions of sub-
chapter II of chapter 5. and chapter 7 of ti-
tle 5. United States Code, shall apply to pro-
cedures under this section, and an order of
compliance Issued by the Board shall be a
final order for purposes of judicial review.
(d) The Board is authorized to appoint as
many hearing examiners as are necessary for
proceedings required to be conducted under
this section. The provisions applicable to
hearing examiners appointed under section
3105 of title 5, United States Code, shall ap-
ply to hearing examiners appointed under
this subsection.
(e) The departments or agencies specified
in subsection (a) of this section shall make
available to the Board such technical, ad-
ministrative, or other assistance as it may
require to carry out Its functions under this
section, and the Board may appoint, under
the terms and conditions specified in sub-
section (d) of section 702. such other ad-
visers, technical experts, and consultants as
it deems necessary to assist it in carrying out
Its functions under this section.
(f) The Board shall, at the end of each
fiscal year, report its activities dtiring the
preceding fiscal year to the Congress. Such
report shall Include an assessment of the
extent of compliance with the Acts cited In
subsection (b) of this section, along with
a description and analysis of Investigations
made and actions taken by the Board, and
the reports and recommendations described
In clauses (4) and (5) of subsection (b) of
this section. ■*
(g) There is authorized to be appropriated
for the purpose of carrying out the duties
and functions of the Board under this sec-
tion $1,000,000 for the fiscal year ending
June 30. 1973: $1,250,000 for the fiscal year
ending June 30. 1974; and SI. 500.000 for
the fiscal year ending June 30. 1975.
EMPLOYMENT UNDER FEDERAL CONTRACTS
Sec. 704. (a) Any contract entered Into by
any Federal department or agency for the
procurement of personal property and non-
personal services (Including construction)
for the United States shall contain a pro-
vision requiring that. In employing persons
to carry out such contract the party con-
tracting with the United States shall take
affirmative action to employ and advance In
employment qualified handicapped Individ-
uals as defined In section 7(7). The provi-
sions of this section shall apply to any sub-
contract entered into by a prime contractor
in carrying out any contract for the procure-
ment of personal property and nonpersonal
services (Including construction) for the
United States. The President shall imple-
ment the provisions of this section by pro-
mulgating regulations within ninety days
after the date of enactment of this section.
(b) If any handicapped individual believes
any contractor has failed or refuses to com-
ply with the provisions of his contract with
the United States, relating to employment
of handicapped individuals, such individual
may file a complaint with tha Department of
Labor. The Department shall promptly In-
vestigate such complaint and shall take such
action thereon as the facts and circumstances
warrant consistent with the terms of such
contract and the laws and regulations ap-
plicable thereto.
NONDISCRIMINATION UNDER FEDERAL GRANTS
Sec. 705. No otherwise qualified handi-
capped individual In the United States, as
defined In section 7(7) , shall solely by reason
of his handicap, be excluded from the par-
ticipation In, be denied the benefits of, or
be subjected to discrimination under any
program or activity receiving Federal finan-
cial assistance.
By Mr. WILLIAMS:
S. 12. A bill to amend title VII of the
Housing Act of 19G1 to establish an
Urban Parkland Heritage Corporation to
provide funds for the acquisition and op-
eration of open-space land, and for other
purposes. Referred to the Committee on
Banking, Housing and Urban Affairs.
URBAN PARK LAND HERITAGE BILL
Mr. WILLIAMS, Mr. President, in
"National Parks for the Future," a report
commissioned by the National Park Cen-
tennial Commission and the National
Park Service, the Conservation Founda-
tion rather eloquently summarized the
state of our land and natural resources:
The United States In 1972 is, despite Us
continental vastness. an urban nation be-
coming ever more urbanized — with all of the
confinement, lack of opportunity, and en-
vironmental Insult that this condition im-
plies in a specialized, technological age. Fur-
ther, despite Its affluence, the United States
has become a nation whose land and re-
sources are now understood to be finite:
the frontier is at our backs, the Mesabi
played out, our oil reserves en route to de-
pletion, and the population Is consuming
land and resources at an increasing rate,
with commensurate despoliation and pol-
lution. Finally, the United States — a nation
built on the foundation of individual in-
dustry, of sacrifice and long hours — has be-
come a nation ... in which leisure time has
become not so much a brief respite from
productive labor, but a vast plain of bore-
dom, of Impatience about opportunities out
of reach, of endless hours confronting a so-
ciety unprepared for the constructive use of
discretionary time.
Today, seven of every lO Americans
live in a relatively few large metropoli-
tan areas — on 1.5 percent of our Nation's
land area, but only 3 percent of our pub-
lic recreation lands are within 1 hour's
driving time from the center of the major
metropolitan areas. The resources for
outdoor recreation are simply not avail-
able to our urban dwellers, but the over-
whelming majority of recreation is"
sought close to home in the after«-work,
after-school hours or on short 1-day out-
ings.
It is interesting to note that only two
of our 50 largest cities are within a 50-
mile range of a national park and only
five more major cities are within a 100-
mile range of a national park. The mag-
nitude of the popular support for the
Gateway National Recreation Area in
New Jersey and similar projects else-
whera^ is due in large part to the fact
that Ahe parks will be accessible to resi-
dent of crowded urban areas.
m recent years pollution, develop-
ment, and suburbanization Tiave taken a
heavy tojl on urban outdoor recreational
sites. The days are gone when one could
go for a swim in the city's river or take
the trolley to the amusement park at
the end of the line. The inequities that
exist in the distinbution of outdoor
recreation resources are severe, and they
are steadily becoming more pressing.
In the face of diminishing opportu-
nities. Department of the Interior
studies show that most Americans now
80
CONGRESSIONAL RECORD — SENATE
January 4,
197S
I articipate in some form of outdoor
recreation. Furthermore, participation is
increasing at the rate of 10 percent per
J ear, and conservative projections indi-
(ate that with rising income and more
1 ;isure time, participation will increase
f Durfold by the year 2000.
The inadequacxJ<«f urban recreational
i acilities is felt most keenly by those at
t he lower end of the income scale. These
]ieople are almost entirely dependent
i.pon nearby public facilities. On the
c ther hand, many more opportunities
i re available to affluent city dwellers be-
cause of their ability to take advantage
c f private recreational facilities and be-
(ause of their increased mobility. Studies
ly the Department of Interior, for ex-
{ mple. have shown that those using the
national parks are most likely to be bet-
ter educated, white, young, well off eco-
i.omically. and live in suburban areas.
]n fact, however, our major parks are
( ut of .each for most Americans.
While we have a number of Federal
£,nd State programs designed to provide
urban parkland, our situation is often
similar to that of Alice in Wonderland.
' Ve must run as fast as we can to stay in
1 he same place. At the same time we are
( on verting some urban land into parks,
),'e are allowing existing parks to be tak-
(n for highways, schools, utilities, and
housing. More than 22,000 acres of urban
1 arkland have been gobbled up over the
t he past 7 years, and in many instances
this m.eans that a greater number of
1 leople are brought into an area to share
i. reduced supply of parks and recre-
ational facilities.
In 1969. the Bureau of Outdoor Recrea-
ion estimated that it would require at
east S2.'> billion above existing expendi-
ure levels to afford urban dwellers the
I ame amount of nearby recreation op-
])ortunity by 1975 that was available on
■ he average in 1965. While conceding that
;t would not meet total needs the De-
partment of the Interior recommended
n its unpublished nationwide outdoor
: ecreation plan for 1969 that an addi-
ional $6.3 billion should be requested
)ver the next 5 years to meet the urban
; ecreation problem. At that time it was
;ioped that the additional dollars would
nake passible a redre.ss of highest prior-
ty imbalances that existed between the
argest cities and the rest of the Nation.
Jnfoctunately. President Nixon did not
ind it expedient to follow the recom-
nendations of his own administration or
^ven to release the results of their study.
'Nevertheless, tije need is manifest.
A task force of the Conservation
^curdation recommended a SlOO billion
)ond issue for a "buy back .A.merica"
jrogrSm for the purpose of land acquisi-
lon. capital development, and improve-
ment of the National. State, city, and
■ounty park systems.
Similarly, in a letter which I recently
•eceived from the National Recreation
ind Park Association, Dwight Rettie, the
executive director, stated:
The need.s for open spaces and recreation
ireas are enormous because we mtist natur-
Llly undo deficits that, have been accumulat-
ng for nearly half a century.
Mr. Rettie further indicated that a
!)rogram which would fully deal with
urban open space needs would involve
capital investments over the next 10
years of $15 billion for acquisition and
development, and an equal siun for oper-
ation and maintenance costs.
Mr. President, I ask unanimous con-
sent that the entire text of the letter
from the National Recreation and Park
Association be printed in the Record at
this point.
There being no objection, the letter
was ordered to be printed in the Record,
as follows:
National Recreation
; AND Park Association.
I Arlington, Va.. October 13. 1972.
Hon. Harrison A. Williams,
U.S. Senate,
Wa.'iliington, D.C.
DE.AR Senator Williams: This Is in re-
sponse to your request for information about
studies that have been made relating to the
national need for recreation, parks and open
spaces.
No comprehensive liiventorj' of national
recreation and park needs has ever been
made in this country. Surveys made In this
area have been extrapolations of very limited
data or they have been projections of needs
based on relatively narrow definitions of open
space, parks or recreation facilities.
Most of the work done to date has been
limited to large facilities at the national,
state and regional scale. All present figures
are not only out of date but fall to represent
a comprehensive assessment of open space
and recreation needs ranging from mini parks
and tot lots at the suburban neighborhood
scale to national parks and wilcfllfe refuges
of significance to the whole country.
The needs for open spaces and recreation
areas are enormous because we must natu-
rally undo deficits that have been accumulat-
ing for nearly half a century. Although many
recreation areas were developed during the
1930's, very little land acquisition took place
to increase the national Inventorv- of parks
and recreation assets. Almost nothing was
done in the 1940's. The 1950's saw the first
Initial acquisitions, largely at the Federal
level. By the early 1960's the HUD open space
land programs, and later the program of
grants through the Land and Water Conser-
vation Fund, began to redress the imbal-
ances that had accumulated during the na-
tion's period of growth and development fol-
lowing World War II — a period during which
public recreation sources were largely Ignored
In the process of suburban growth.
Tlie National Recreation and Park Associ-
ation is now engaged in an assessment of
central city open space needs — the results
of that study will not be available until Jan-
uary 1973. We will be pleased to furnish you
the results of that study just as soon as they
are available. An estimate of open space needs
should take account of the plans already de-
veloped by more than 20.000 separate units
of local government — no analysis has yet been
made of these plans.
As the United States moves Into the 1970's
and prepared for the decade of the 80's we
are engaged in a transition that invisions
larga changes in our understandings and at-
titudes toward the place of recreation and
parks in our national life. Large blocks of
discretionary time, flowing In part from a
reduced work week. In part from Increasing
affluence, and in part from our growing un-
derstanding that we must meet the recrea-
tional needs of many of our citizens faced
with Involuntary leisure (such as the handi-
capped and the unemployed) and the critical
need to deal with the leisure crisis among
those in our society who have less time for
recreation than they have had in the past.
Nevertheless, and recognizing the hazard of
such estimates, the National Recreation and
Park Association believes the magnitude of
this effort would Involve capital Investments
over the next ten years on the order of 15
billion dollars for land acquisition and de-
velopment. Operation 'and maintenance costs
would probably approximate an equal sum.
although they would lag behind capital costs
by approximately one to three years.
The National Recreation and Park Associ-
ation would be ple.ised to assist you and the
committee In development of firm estimates
and we sincerely hopie hearings can shed
additional light on both the dimension of
need and the breadth of public support for
action.
Park lands and open spaces can no longer
be regarded as amenities to only be expected
If all other wants are met. We know today
that these assets can prevent the spread of
urban blight, can enhance ar.d protect the
value of healthy neighborhoods, and can
preserve the identity and the mental health
of people. The real issue Is not how much
land we save, but how many people will
benefit from saving land and recreational re-
sources that the jjeople can use to enrich
their lives every day and to give them a sense
of identity and fumilment.
Sincerely,
DwiCHT P. Rettie,
Executive Director.
Mr. WILLIAMS. The need for open
space lands is both basic and critical.
The need to preserve natural beauty and
to provide a readily available escape from
the noise, crowding, odors, and other dis-
comforts of urban living are closely
bound up with our mental and emotional
well being. Moreover, parks can reduce
the noise and dirt of highways, and large
areas of open land act as air recharge or
mixing areas where the noxious air of
the cities can be diluted with fresher air.
The lack of open space or green areas
can increase the flood potential of a city
and even destroy the purity of its fresh
water supply. |
Mr. President, I was the author of the
original open space law which was passed
in 1961. The bill stemmed from the
realization that green space in our urban
areas was rapidly disappearing, and the
open space law was designed to provide,
preserve, and develop open space land.
Over the past 11 years Congress has ap-
propriated $578.5 million for the open
space program, and the money has been
used primarily for the acquisition and
development of parks and recreational
facilities. Many complementary State
programs, such as New Jersey's green
acres program, have been established in
response to this Federal effort.
Since the establishment of the open
space program. Congress has also en-
acted the Land and Water Conservation
Fund Act for the purpose of providing
Federal grants for State and local out-
door recreation planning and land ac-
quisition and development. The Land and
Water Conservation Fund Act is admin-
istered by the Bureau of Outdoor Recrea-
tion within the Department of the In-
terior, but imlikc the open space pro-
gram it is not geared toward providing
money for urban park programs. Indeed,
BOR analyses indicate that densely
populated counties received the least
fimds per capita from the LWCF and
sparsely populated counties received the
most fimds. In an evaluation of all Fed-
eral outdoor recreation programs the
General Accounting OfBce stated flatly
that:
.January 4, 1973
CONGRESSIONAL RECORD — SENATE
181
The LWCF formula for apportioning grant
funds to the States does not meet the needs
of the people living in urban areas.
Nevertheless, the appropriations for
the LWCF have been more thaii twice as
great as the appropriations for the open
space program for the past several years.
The GAO study goes on to state that:
Grant projects financed under HUD and
BOR programs have met and will contintie
to meet some of the outdoor recreation needs
of the Nation. Greater benefits could have
been achieved had more projects been located
In densely populated, low-income areas hav-
ing few outdoor recreation opporttmltles and
whose residents were limited by low income
from traveling to areas having more abun-
dant facilities ard opportunities.
I think that the findings of the GAO,
the Department of the Interior, the Na-
tional Recreation and Parks Association,
and others lead one to the inevitable con-
clusion that our efforts — through the
open space program and other Federal
programs — are no longer sufficient to
meet the current critical needs for urban
parkland. Consequently, I am today in-
troducing the Urban Parkland Heritage
Act of 1973.
This bill will substantially increase the
amount of Federal funds available for
the acquisition and development of park
lands and recreational facilities. It re-
places the open space program tlirough
which $74,000,000 was appropriated in
fiscal year 1971 and $100,000,000 was
appropriated in 1972 with a program
under which $1 billion per year will be
available for a 5-year period.
The Urban Parkland Heritage Act will
for the first time make Federal funds
available for the operation and main-
tenance of open space areas. This provi-
sion is especially critical if we are to reap
the full benefits of a park and recreation
program. Too often parks are acquired
because the money is available, but, un-
fortunately, recreation budgets are the
first to be cut when municipalities en-
counter financial difficulties. Thus, when
no money is forthcoming for operational
expenses, the potential for public enjoy-
ment of the acquired facilities is seriously
impaired. Programs such as "Summer in
the Parks" in the District of Columbia
have generated massive citizen interest
and this bill will provide an opportunity
for increased enjoyment of our open
space land by urban dwellers.
Under the open space program the
Federal Government currently provides
grants of up to 50 percent of the total
cost of acquiring or developing open
space land, and, on its face, this would
seem to be sufficient. The GAO study of
Federal recreation programs, however,
indicated that many cities have such
serious fiscal problems that they are un-
able to take advantage of the program,
and the problems seem to be greatest in
the areas with the greatest density of
population and the highest incidence ot
poverty. Consequently, the Urban Park-
land Heritage Act will allow the Federal
Government to assume a greater share
of the cost of any individual project.
Grants will generally be available in
amounts of up to 75 percent of the_cost
of acquiring or developing open space
land. Low interest loans in amounts of
up to 50 percent of the cost of eligible
projects will also be available, and it is
hoped that a flexible combination of
grants and loans can be ased in order to
meet the varying needs of the individual
applicants. The combination of grants
and loans would never be allowed to ex-
ceed 90 percent of the eligible project
cost.
In situations where the applicant's
need is especially great and its resources
an especially limited the bill also pro-
vides for gr.ints of 90 percent of the cost
of acquiring and developing open space
land.
The new program is to be administered
by an independent governmental cor-
portation with the Secretary of the De-
partment of Housing and Urban Devel-
opment serving as the Chairman of the
Board. The Board will consist of the Sec-
retary of the Department of Interior, the
Administrator of the Environmental Pro-
tection Agency, and representatives of
State and local governments and the
puulic at large.
One of the most serious problems with
the current programs dealing with open
space land acquisition is the length of
time it takes to guide a proposal through
the administrative jungle. Land appre-
ciates in value quite rapidly, and time
is quite literally money when one is
attempting to acquire attractive land.
The Urban Parkland Heritage Corpora-
tion has few if any of the incumbrances
inherent in the various Federal bureau-
cratic structures. Its only priority is the
efficient administration of the urban
parkland heritage program. Further-
more, the corporation may obligate the
funds authorized under this program
by contract authority, and this should
further enhance its ability to get funds
into the hands of applicants speedily.
While this bill replaces many of the
provisions of the current open space law,
it should be noted that it leaves the
operation of the land and water con-
servation fund intact. The function of
that fund has been, and should continue
to be, one of providing money for the
acquisition and development of State and
Federal parks and recreational facilities.
I am pleased to annoimce that the
distinguished Congressman from Illinois
and the recipient of the National Park
and Recreation Association 1972 National
Congressional Award, Dan Rostenkow-
sKi, is introducing a companion bill to
S. 12 in the House of Representatives.
Mr. President. I believe this is the first time
that legislation of this kind has been intro-
duced in Congress. It derives from a growing
awareness — if not alarm — over the chaotic
and enormously wasteful sprawl of our urban
areas, and the consequent disappearance of
our lovely old farms and pastures, quiet
streams and wooded hills under the onrush-
Ing blade of the bulldozer.
It Is Intended to help preserve some of
nature In our metropolis and arrest the can-
cer or urban sprawl and the blight of dete-
rioration following in its wake.
I made that statement over 11 years
ago before this body when I introduced
the first open space bill. Despite the
enactment and many successes of that
bill, we continue to see forests defoliated
in the West and land defiled in the East.
If anything; the situation today is much
worse than it was in 1961. Unless we act
swiftly, nothing will remain of our park-
land heritage.
Mr. President, I ask imanimous con-
sent that the text of the bill be printed
in full following my remarks.
' There being no objection, the bill was
ordered to be printed in the Record,
as follows:
s. 12
Be it enacted by the Senate and House
of Representatives of the United States of
.America in Congress assembled. That (a)
title Vn of the Housing Act of 1961 Is
amended to read as follows:
"FINDINGS AND PURPOSE
"Sec. 701. (a) The Congress finds that —
••(1) the rapid expansion of the Nation's
urban areas and the rapid growth of popu-
lation within such areas has resulted in se-
vere prublems of urban and suburban living
for a substantial majority of the Nation's
present and future population, Including
the lack of valuable open-space land for
recreational and other purposes:
"(2) there is a need for additional parks
and other open space in the build-up por-
tions of urban areas, especially in low-in-
come neighborhoods and communities, and
a need for greater and more coordinated
State and local efforts to make available and
Improve open space land throughout entire
urban areas;
"(3) there Is a need for timely action to
preserve and restore areas, sites, and struc-
tures of historic or architectural value so
that these remaining evidences of our his-
tory and heritage are not lost or destroyed
through the expansion and development of
urban areas; and
"(4) the welfare of the Nation and the
well-being of Its citizens require substan-
tial expansion of the scope and level of Fed-
eral assistance for the development and pres-
ervation of open space lands. ,'
"(b) It Is the purpose of this title to help
control urban sprawl by assisting States an^
local governments In developing a balanced
urban environment, to prevent the spread
of urban blight and deterioration, to en-
courage more economic, environmentally
sound urban development, to assist In pre-
serving areas and properties of historic or
architectural value, and to help provide
necessary recreational, conservation, and
scenic areas by assisting State and local
public bodies in taking prompt action to —
"(1) provide, preserve, and develop open-
space land In a manner consistent with the
planned long-range development of the Na-
tion's urban areas:
"(2) acquire. Improve, and restore areas,
sites, and structures of historic or archi-
tectural value;
"(3) develop and Improve open-space and
other public urban land. In accordance with
programs to encourage and coordinate local
public and private efforts toward this end:
and
"(4 1 onerate ar.d maintain open-space and
other public land in a manner which best
meets the needs of the residents of that
State or locality
"DEFINITION!;
"Sec. 702. As used in this title —
"(1) The term 'open-space land' means
any land located In an urban area which has
value for (A) park and recreational pur-
poses, (B) conservation of land and other
natural resources, or (C) tilstorlc, archi-
tectural, or scenic purpKjses.
"(2) The term 'urban area' means any
area which Is urban In character, including
those surrounding areas which, as deter-
mined by the Corporation, form an economi-
cally and socially related region, taking Into
consideration such factors as present and
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CONGRESSIONAL RECORD — SENATE
January 4, 1973
fut are population trends and patterns of
url an growth, location of transportation
facilities and systems, and distribution of
industrial, commercial, residential, govern-
meptal, Institutional, and other activities.
(3) The term 'State' means any of the
?ral States, the District of Columbia, the
Colnmonwealth of Puerto Rico, and the terri-
tor es and possessions of the United States.
(4> The term 'local public body' means
public body (Including a political sub-
sioni created by or under the laws of
^ate or two or more States, or a comblna-
of such bodies, and Includes Indian
)es. bands, groups, and nations (including
Al£ska Indians, Aleut*, and Eskimos) of the
United States.
(5) The term "open-space uses' means
an» use of open-space land for (A) park and
recreational purposes. IB) conservation of
lard and other natural resources, or (C) his-
toric, educational, architectural or scenic
pu 'poses.
(6) The term 'Corporation' means the
Urban Parkland Heritage Corporation estab-
lished by section 703 of this title.
URBAN PARKLAND HERITAGE CORPORATION
Sec. 703. (a) To carry out the provisions
this title, there is established an Inde-
establishment In the executive
which shall be known as the Urban
kland Heritage Corporation, and which
11 carry out Its functions subject to the
jction and supervision of a Board of
ctors (hereinafter referred to as the
B^ard"). The Board shall consist of —
(1) the Secretary of Housing and Urban
elopment. who shall serve as Chairman;
(2) the Secretary of the Interior;
(3) the Administrator of the Environ-
mental Protection Agency;
I 4) four officials of State government, ap-
nted bv the President, by and with the
•Ice and consent of the Senate, two of
Ifcm shall be elected officials, and two of
^Jom shall hold positions related to urban
elopment and the management of open-
ce lands;
1 5 1 four officials of local government, ap-
nted by the President, by and with the
ice and consent of the Senate, two of
shall be elected officials, and two of
shall hold positions related to urban
elopment and the management of open-
ce lands: and
(6i four members of the general public.
Dinted by the President, by and with the
ire and consent of the Senate, who have
substantial experience In urban develop-
nt, la;id use planning, and the mauage-
nt of open-space lands.
more than two of the members referred
in each of clauses (4). (5). and (6) may
members of the same political party. Not
than one member referred to in
uses (4). (5). and (6) may be a resident
anv one State
•(b) It shall be the duty of the Corpora-
te furnish assistance In accordance
the provisions of this title. All grants
loans made by the Corporation shall be
roved by the Board, and for the purpose
any such approval, a quortim of the Board
sh^n consist of two-thirds of the members
n mus" be actually present and voting.
Board shall meet not less than four
tlijies annually.
'ic)(n A member of the Board who is
otherwise an officer or employee of the United
St ites shall serve without additional rompen-
sa:!on. but shall be reimbursed for travel.
subsistence, and other necessary expenses In-
cv rred in the performance of duties of the
C(}rporati£)n.
■(2) A member of the Board who is not
otherwise an officer or employee of the United
St ites shall receive compensation for his
se 'Vice as a member the per diem equivalent
to the rate for level IV of the Executive
Sc hedule under section 5315 of title 5. United
of
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States Code, when engaged in the perform-
ance of duties of the Corporation, and shall
receive reimbursement for travel, subsistence,
and other necessary expenses incurred in the
performance of such duties.
"(d) The Corporation may employ an Ex-
ecutive Director who shall be paid at an an-
nual rate equal to the annual rate of pay
for an Individual occupying a position under
level V of the Executive Schedule under sec-
tion 5316 of title 5. United States Code.
"(e) Section 5108 (c) of title 5. United
States Code, is amended by adding at the end
thereof the following:
"'(11) the Urban Parkland Heritage Cor-
poration may place a total of three positions
lnGS-16. 17. and 18.'
"(f) The Corporation may appoint such
other employees as may be necessary to carry
out its functions.
"(g) (1) The functions of the Corporation
may not be delegated or transferred to any
other agency, and no functions other than
those conferred by this title may be delegated
or transferred to the Corporation.
"(2) Section 902 (1) of title 5, United
States Code, is amended by inserting before
the semicolon at the end thereof the fol-
lowing: 'or the Urban Parkland Heritage
Corporation'.
"(h) There are hereby authorized to be ap-
propriated such sums as may be necessary for
the operation of the Corporation.
"GRANTS AND LOANS FOR ACQUISITION, DEVELOP-
MENT, AND OPERATION OP OPEN-SPACE LAND
"SEC. 704. (a) (1) The Corporation Is au-
thorized to make grants and loans pursuant
to section 709 to States and local public
bodies to help finance (A) the acquisition of
title to. or other interest in. open-space land
In urban areas, and (B) the development of
open-space or other land in urban areas for
open-space uses.
"(2) The amount of any grant under this
section shall not exceed 75 per centum of
the eligible project cost, as approved by the
Corporation, of such acquisition and develop-
ment. If. however, the project Involves the
acquisition of Interests in undeveloped or
predominantly imdeveloped land which. If
withheld from commercial. Industrial, and
residential development, would have special
significance in helping to shape economic and
desirable patterns of urban growth (includ-
ing growth outside of existing urban areas
which is directly related to the development
of new communities or the expansion and
revitalization of existing communities i , or if
the State or local public body could not
otherwise reasonably meet its needjor open-
space lands, the Corporation may make
grants to State and local public bodies In
an amount not to exceed 90 per centum of
the eligible project cost of the acquisition
and development of such lands. The amount
of any such loan shall not exceed 50 per
centum of such eligible project cost.
"(3) Any loan under this section shall bear
Interest at a rate not less than the average
annupl interest rate on all Interest-bearing
obligations of the United States then form-
ing a part of the public debt as computed at
the end of the fiscal yenr next preceding the
date of the loan and adjusted to the nearest
one-eighth of one per centum, and each such
loan shall be secured by such real or per-
sonal property as the Corporation may re-
quire.
"(4) In no case shall the combined amount
of grants and loans made by the Corporation
pursuant to this title to any State or local
public body exceed 90 per centum of the
eligible project cost for the acquisition and
development of open-space lands.
"(b) The Corporation is authorized to
make grants pursuant to section 709 to States
and local public bodies to help finance the
operation and maintenance of open-space or
other land In urban areas for open-space
uses for the first four fiscal years of the
operation of such lands. The amount of any
such grant shall not exceed 75 per centum
of the eligible project cost, as approved by
the Corporation, of such operation and main-
tenance for the first fiscal year of operation,
60 per centum of such costs for the second fis-
cal year of operation, 45 per centum of such
costs for the third fiscal year of operation
and 30 per centum of such costs for the
fourth fiscal year of operation. The eligible
project costs for the operation and main-
tenance of open-space land shall be those
costs which are Incurred for equipment and
supplies used on the site of such open-space
land and for the payment of salaries to em-
ployees who manage and carry out the pro-
grams on the site of such opeu-space land.
"(c) No grant or loan under this title shall
be made to acquire and clear developed land
in built-up areas unless the local govern-
ing body determines that adequate open-
space land cannot be efl'ectively provided
through the use of existing undeveloped land.
"(d) The Corporation may prescribe such
further terms and conditions for assistance
under this title as it determines to be de-
sirable.
"(e) The Corporation shall consult with
appropriate agencies and officers of the Fed-
eral Government to establish and operate a
program to furnish technical assistance,
upon request, to States and local public
bodies. The Secretary cf Housing and Urban
Development, the Secretary cf the Interior,
and the Administrator of the Environmental
Protection Agency are authorized to furnish
to the Corporation such advice and assist-
ance as may be necessary to carry out the
provisions of this subsection.
"PLANNING AND GRANT REQriREMENTS
"Sec. 705. (a) The Corporation shall make a
grant or loan under section 704 only if it
finds that such grant or loan is needed for
carrying out a unified or officially coordi-
nated program, which provides for citizen
participation, and which meets criteria e.s-
tabllshed by the Corporation for t'ne provi-
sion and development of open-space land
which is a part of, or is consistent with, tiie
comprehensively planned development of the
urban area.
"(b) In carrying out its duties, the Cor-
poration shall also take Into account —
"(1) the accessibility of major Federal or
State outdoor recreational facilities or park-
lands to the area surrounding the proposed
open-space land;
"(2) the availability or proposed avail-
ability of public transportation to the pro-
posed open-space land;
"(3) the extent of urbanization (as deter-
mined by the Corporation) in the communi-
ties surrounding the proposed open-space
land; and
"(4) the ability of the States or local
public body applying for a grant or loan to
acquire open-space land in a timely and
efficient manner.
"CONVERSION TO OTHER USES
"Sec. 706. No open-space land for the
acquisition of which a grant or loan has been
made under section 704 shall be converted to
uses not originally approved by the Corpora-
tion without satisfactory compliance with
regulations established by the Corporation.
Such regulations shall require findings, after
public participation (including public hear-
ings in a location proximate to the open-
space land), that —
" ( 1 1 there is adequate assurance of the
substitution of other open-space land of as
nearly as feasible equivalent usefulness, loca-
tion, and fair market value at the time of
the conversion;
"(2) the conversion and substitution are
needed for orderly growth and development;
"(3) the projSosed uses of the converted
and sutwtltuted land are for the benefit of
the public and In accordance with the ap-
January U, 1973
CONGRESSIONAL RECORD — SEN ATE
183^
pllcable comprehensive plan for the urban
area; and
"(41 any profits received as a result of
such conversion are applied to the Urban
Parkland Heritage program.
"LABOR STANDARDS
"Sec. 707. (a) The Corporation shall take
such action as may be necessary to Insure
that all laborers and mechanics employed by
contractors or subcontractors In the perform-
ance of construction work financed with the
assistance of grants under this title shall be
paid wages at rates not less than those pre-
vailing on similar construction In the locality
as determined by the Secretary of Labor In
accordance with the Davis-Bacon Act, as
amended. The Corporation shall not approve
any such grant without first obtaining ade-
quate assurapce that these labor standards
will be maintained upon the construction
work.
"(b) The Secretary of Labor shall have,
with respect to the labor standards specified
In subsection (a), the authority and func-
tions set forth in Reorganization Plan Num-
bered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267;
5 U.S.C. 1332H15), and section 2 of the Act
of June 13. 1934. as amended (48 Stat. 948;
40 U.S.C. 276c).
"MAINTENANCE OF EFFORT
"Sec. 708. No grant or loan shall be made
to any State or local public body in any fiscal
year unless the State or local public body
makes assurances to the Corporation that
the amount available for expenditure by such
State or local public body from non-Federal
sources for the purposes described in sec-
tion 704 (a) (1) (A) and (B) in that fiscal
year will not be less than the amount ex-
pended for stich purposes from non-Federal
sources during the preceding fiscal year.
"CONTRACT AUTHORITY
"Sec 709. (a) To finance grants and loans
under this title, the Corporation is author-
ized to incur obligations on behalf of the
United States In amounts aggregating not to
exceed $5,000,000,000. This amount shall be-
come available for obligation on July 1, 1973, ,
and shall remain available until obligated.
There are authorized to be appropriated for
the liquidation of the obligations Incurred
under this section not to exceed $1,000,000,-
0(X) prior to July 1, 1974. not to exceed an
aggregate of $2,000,000,000 prior to July 1,
1975. not to exceed an aggregate of $3,000,-
000,000 prior to July 1, 1976, not to exceed an
aggregate of $4,000,000,000 prior to July 1,
1977. and not to exceed an aggregate of
85.000,000.000 prior to July 1. 1978. Sums so
appropriated shall remain available until ex-
pended."
(b) The amendment made by subsection
(a) shall become effective on July 1. 1973.
After June 30. 1973, no new grants or loans
shall be made pursuant to title VII of the
Housing Act of 1961 as such title was In ef-
fect on June 30. 1973, except with respect
to projects or programs for which funds have
been committed on or before that date.
By Mr. KENNEDY (for himself
and Mr. Williams. Mr. Javits,
Mr. Brooke, Mr. Cranston, Mr.
' Hart, Mr. Hughes, Mr. Hum-
phrey. Mr. Metcalf. Mr. Mon-
DALE, Mr. Moss, Mr. Pell. Mr.
Randolph. Mr. Ribicoff, Mr.
Stevenson, and Mr. Tunney^ :
S. 14. A bill to amend the Public Health
Service Act to provide assistance and en-
couragement for the establishment and
expansion of health maintenance organi-
zations, health-care resources, and the
establishment of a Quality Health Care
Commission, and for other purposes. Re-
ferred to the Committee on Labor and
Public Welfare.
HEALTH MAINTENANCE ORGANIZATION AND RE-
SOURCES DEVELOPMENT ACT OF 1973
Mr. KENNEDY. Mr. President. I am
proud to be able to introduce the Health
Maintenance Organization and Re-
sources Development Act of 1973, which
passed the Senate last September by a
vote of 60 to 14.
The Subcommittee on Health has held
extensive hearings into the general sub-
ject of health maintenance organiza-
tions. This legislation was originally in-
troduced into the Senate on March 13,
1972. After extensive hearings, it was re-
ported, in amended form, by the Com-
mittee on Labor and Public Welfare to
the Senate on July 21, 1972.
Unfortunately, the House of Repre-
sentatives was unable to complete work
on HMO legislation dunng the 92d Con-
gress. For that reason, no further action
was taken on the legislation.
Mr. President, I ain reintroducing the
Health Maintenance Organization and
Resources Development Act of 1972. It is,
except for technical changes, identical to
the bill which passed the Senate last year.
A complete record of the transactions
which occurred in the Senate, and re-
sulted in the passage of this legislation,
can be found in the Congressional Rec-
ord of Wednesda.v, September 20, 1972.
Mr. President, the fundamental intent
of this bill is to make assistance available
to groups interested in initiating hef?Llth
maintenance organizations and which
comply with the definitions contained
herein. It has been drafted in such a way
that preference is given those types of
health maintenance organizations which
have already demonstrated their success
in delivering high quality health services.
The intent of this legislation is to use
Federal funds to facilitate the develop-
ment of alternative forms of health care
delivery — in order to create a truly
plui'alistic health care system — within
the United States.
At the present time, approximately 96
percent of all personal health service?
are delivered in the solo or small group
practice, fee-for-service modality. For
that reason, most Americans at the pres-
ent time have no real options concerning
how their health services are to be re-
ceived. In those parts of the country
where HMO's have developed in the past,
such as California, Hawaii. Washington.
and several other States, they have had
a salutary impact on all forms of health
delivery in the area. The goal of this leg-
islation is to foster that healthy competi-
tive situation in many parts of the United
States. ^ /
I think it is important^^o note that
there is nothing coercive ^lirout this legis-
lation. It simply makes Federal funds
available to applicants who wish to apply
for assistance and who are willing to
comply with its requirements.
I hope the Senate will act expeditiously
on this legislation. Many developing
HMO's in the field will shortly be in need
of Federal assistance to continue their
development. For that reason. I hope this
legislation will be passed by both Houses
of Congress promptly, and we can look
forward to the time in the near future
when meaningful HMO legislation is
signed into law.
As chairman of the Health Subcom-
mittee, I will do my best to see that this
legislation is reported out of committee
and brought before the full Senate as
soon as possible.
I would like to take this opportunity to
offer my assistance and that of my staff
to any of our new Senate colleagues or
their staffs who wish to have additional
information concerning this important
legislation.
By Mr. McCLELLAN (for himself,
Mr. Hfuska. and Mr. Thur-
mond ) :
S. 15. A bill to amend the Omnil^us
Crime Control and Safe Streets Act of
1968 to provide a Federal death benefit
to the surviving dependents of public
safety officers. Referred to the Commit-
tee on the Judiciary.
Mr. THURMO$U3. Mr. President, today
Senator McClellan, Senator Hruska and
I are introducing a bill to provide bene-
fits to public safety officers or their sur-
viving dependents if they are killed or
dismembered in the line of duty.
This legislation would provide a $50,000
benefit payable in the event of death
or mulliple dismemberment and a
$25,000 benefit in the event of single dis-
memberment. In the event of death the
benefit would be paid to the spouse, de-
pendent children or dependent parents
fbf any person serving in any activity per-
'taining to the enforcement of the crim-
inal laws, fire fighting, correctional
programs or institutions, or a court hav-
ing criminal jurisdiction where the activ-
ity is potentially dangerous because of
contact with criminal suspects.
In recent years many of our public
safety officers have been killed by fe-
lonious assaults, and it is increasingly
apparent that violent crime is spreading.
Crime knows no jurisdictional boundary,
nor respects the color of a law-enforce-
ment officer's unifoi-m. Each officer,
whether sheriff, deputy, highway patrol-
man, or policeman, must be fully cog-
nizant that death may come to him in the
performance of his sworn duties.
The administration supports this meas-
ure and believes it is warranted because
police officers throughout the country
are facing a rising tide of violence and
need a minimum death benefit that is
not tied into State o" local compensa-
tion programs.
Public safety officers, dedicated to
their law-enforcement careers, are not
nearly so concerned with their low salar-
ies as they are of maintaining and pre-
serving the security of their families.
The law enforcement officer's group
life insurance program, passed in the
91st Congress, was but the first step in
providing this group of persons some
security.
In the case of the average law-enforce-
ment officer, group insurance prot«ction
is only nominal because the amount of
private insurance he can purchase with
his low salary is normally insufficient to
provide for the needs of his dependents.
The approach of this bill should ade-
quately meet the security needs of these
officers.
This bill passed the Senate on Sep-
tember 5, 1972, as S. 2087 and went to
184
conference because of differences be-
t i,veen the Senate and House passed bills,
(pn October 17, 1972, the conference filed
s reports with the House of Representa-
tives, but because the House failed to
i ct, this important legislation died. Ac-
tion must be taken on this proposal
f romptly as the situation continues to
\rorsen. I hope that the Senate and
] louse can put aside minor differences as
t3 approach and enact some legislation
tp meet this vital need.
The alarming trend of crime can only
rte reversed by professional police of-
{ cers, who are assured that they and
t heir families will be compensated in a
I nanner commensurate with the risks in-
herent in law enforcement. Law-enforce-
1 nent careers must be made more accept-
able and attractive to our qualified citi-
: ens. We cannot ask decent, hardworking
I nen to face the constant risk of murder
i nd mayhem time after time and then
ignore their rightful request that their
1 amines be protected from financial
qalamity.
Mr. President. I sincerely hope this bill
1 .ill receive prompt attention.
CONGRESSIONAL RECORD — SEN ATE
Januav]) If, 1973
By Mr. SCHWEIKER:
S. 16. A bill to amend the Communica-
ions Act of 1934 to establish orderly
irocedures for the consideration of ap-
plication for renewal of broadcast li-
( enses. Referred to the Committee on
(pommerce.
THE BROADCAST UCENSE ACT OF 1973
Mr. SCHWEIKER. Mr. President, to-
ilav I introduce the "Broadcast License
iict of 1973."
This bill would amend the Communl-
I ations Act of 1934 to, first, extend from
to 5 years the licensing period terms
lor radio and television broadcasting
tations. and second, provide that actual
I ood performance by an existing licensee
; hall entitle that licensee to license re-
newal, so long as that licensee is other-
viise qualified to operate the broadcast-
ing station, and has not "demonstrated
! . callous disregard for law or regulations
(f the Federal Communications Com-
inission."
This bill, which is designed to enhance
e.sponsiveness by broadcast€rs to the
jublic interest, is identical to the
Broadcast License Act I introduced in
he last Congress. S. 3551.
The purpose of the license renewal
erm is to insure the u.se of the limited
lumber of broadcasting licenses in the
liublic interest by enabling each station
o make longer range commitments, to
levelcp more comprehensive community
ervice plans, and to not spend an in-
)rdinate amount of time and energy on
lureaucratic paperwork. At the same
ime, all public service requirements
inder law and under Federal Communi-
:ations Commission regulations must
itiU be strictly adhered to. and all chal-
enges for license renewal and applica-
lons to take over a license can still b^
exercised at the end of the 5-year term
ust as currently can be done at the end
)f a 3-year term.
The 3-year broadcast license term was
levised nearly half a century ago, when
he broadcasting industry was totally
liifTerent from today. With the enormous
communications explosion of the last 2
decades, we have all seen the critical im-
portance of communications, and the
broadcast media, as vital influences on
the capacity of the people of this country
to receive necessary information about
government, about trends in the coun-
try, and about the many needs and de-
mands of society at large. Under broad-
cast licensing regulatory authority, it is
important to insure that all broadcast-
ing stations live up to the serious respon-
sibilities demanded in the public interest
demands.
At the same time, those of us respon-
sible for our Nation's laws, must insure
that we too remain responsive to modem
conditions, and do not remain saddled
by archaic regulatory procedures that no
longer function as efficiently as before.
The second part of my bill reflects a
similar recognition that public service
and economic requirements upon a
broadcast license^ today are much more
stringent than when licensing regulations
were initially devised. We must be con-
scious of the enormous investment that
is now required by any broadcasting sta-
tion in both manpower and sophisticated
equipment. I do not feel that we can de-
mand increased responsiveness to the
public interest by privately owned broad-
casting stations, a policy which I support,
without at the same time taking cogniz-
ance of the economic investment that is
required to support and carry out public
interest and community oriented pro-
graming. Accordingly, I think it is only
reasonable that the actual performance
and good faith efforts of a licensee during
the license term be a paramount consid-
eration in any license renewal proceed-
ings, and that such demonstrated excel-
lence should receive emphasis over mere
promises of performance by a competing
applicant. In no way does this insulate
a licensee from challenge, or guarantee a
license. It only provides a greater incen-
tive for the public service programing
that everj-one seeks and can help to
create a climate for even' greater public
performance by all existing licensees.
Passage of this bill can be an important
contribution to the public interest in to-
day's complex era, an^the broadcasting
industries obligations to serve the public
interest, and I urge speedy consideration
by the Congress.
Mr. President, I ask unanimous con-
sent that the t€xt of this bill be printed
in the Record at this time.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
s. 16
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, that this
Act shall be known as the "Broadcast License
Act of 1973."
Section 2. Section 307(d) shall be amend-
ed by striking the first two sentences and
inserting the following: "No license granted
for the operation of any class of station shall
■ be for a longer term than five years and any
license granted nray be revoked as herein-
after provided. Upon the expiration of any
license, upon application therefore, a renewal
of such license may be granted from time to
time for a term of not to exceed five years
if the Commission finds that public Interest,
convenience, and necessity would be served
thereby: Provided however. That in any hear-
ing for the renewal of a broadcast license an
applicant for renewal who Is legally, finan-
cially, and technically qualified shall be
awarded the grant if stich applicant shows
that Its broadcast service during the preced-
ing license period has reflected a good-faith
effort to serve the needs and Interests of
its area as represented in Us immediately
preceding and pending license renewal ap-
plications and if It has not demonstrated a
callous disregard for law or the Commis-
sion's regulations: Provided further, That
If the renewal applicant falls to make such
a showing or has demonstrated a callous dis-
regard for law or the Commission's regula-
tions, such failure or demonstration shall be
weighed against the renewal applicant.
<^
By Mr. SCHWEIKER:
S. 17. A bill to amend the Public Health
Service Act to provide for greater and
more effective efforts in research and
public education with regard to diabetes
mellitus. Referred to the Committee on
Labor and Public Welfare.
N.\TIONAL DIABETES RESEARCH \.\D EDUCATION
ACT
Mr. SCHWEIKER. Mr. President, al-
though the statistics are uncertain and
varied, there are now approximately 6 to
8 million people in the United States with
diabetes according to the last survey done
in 1968. For each person with the disease,
it is estimated that there are three or
four who will eventually come down with
it and the number of people affected by
diabetes becomes a possible future total
of 24 million Americans. There are good
indications that nearly one person in 20
is either an actual or potential diabetic.
It is possible that one-fifth of the popu-
lation are carriers and have a 50-percent
chance of passing the trait of diabetes on
to their children although they them-
selves do not develop the disease. By 1980
it is estimated that one in five people will
have diabetes or its trait.
The problem of the incidence of dia-
betes is one to which we must devote our
full attention. Studies show that there is
a 9-percent increase each year in the dia-
betic population which is an accelerating
increase because each year the diabetic
population becomes 9 percent larger.
Studies show that the incidence of dia-
betes is increasing dramatically as the
population becomes older, fatter, more
affluent, and mere urbanized.
An important factor in the increase are
our very o'svn diabetic children. In 1921
diabetic children died. After the discov-
ery of insuhn in 1921, children and young
adults survived, grown to maturity and
have been producing children with dia-
betes or with a strong inherited factor
for diabetes. There are now approximate-
ly 6 to 8 million diabetics with a chance
of producing diabetic children.
Statistics on diabetes are vague be-
cause diabetes is not a reportable dis-
ease. Diabetes is the fifth leading cause
of death in the United States. It is prob-
ably second or third if you consider the
fact that diabetes is the major factor
contributing to many chronic and dis-
abling illnesses — primarily cardiovascu-
lar, renal, hypertensive, and neurologi-
cal. The man who dies of a heart attack
is listed in the death statistics as a vic-
tim of heart disease, but many times
it is actually diabetes which caused the
January Jf, 1973
CONGRESSIONAL RECORD — SENATE
185
heart attack and the vascular compli-
cations. The same can be said of cases
involving kidney disease and stroke. Dia-
betes has become a major cause of blind-
ness in our country. There are nearly
155,000 people blind from diabetic ret-
inopathy, and estimates are that by the
year 2000 there will be 574,000 blind
from this disorder because of the ac-
celerated increase in the number of peo-
ple with diabetes and the fact that 50
percent of people with diabetes for 20
years will develop retinopathy and 95
percent of people who have had diabetes
for over 30 years will develop this dis-
ease.
Insulin has preserved the life of the
diabetic ; but because he has lived longer,
he has encountered the complications of
diabetes over a longer life span. This is
a problem we did not have to cope with
before. Hence, the rise in diabetic blind-
ness is a function of the very fact that
the diabetic lives longer.
The discovery of insulin, if we are to
face the facts, was not a cure, as was
originally believed, but only one step in
the battle against diabetes. It is unfor-
tunate that we as a nation have not
come to grips with the problem. It is
ironi" that diabetes now dominates the
medical scene, yet so little is known or
being done to solve the mysteries of this
illness.
It is necessary. In order to understand
fully the problems we are facing, to have
proper statistics. Diabetes should be
made a reportable disease so that it can
be studied according to population and
geographical areas, and th^^JnTpacJ| of
instances of heredity can be "note^TMy
only ferar is that we will be overwhelmed
when and if correct data is made avail-
able.
Mr. President, today I introduce the
National Diabetes Research and Educa-
tion Act. It is the purpose of this legisla-
tion to establish a national program to:
First, expand and coordinate the na-
tional effMt against diabetes: and sec-
ond, to advance activities and patient
education, professional education, pub-
lic education which will alert the citizens
of the United States to the early indica-
tions of diabetes, and to emphasize the
significance of early detection, proper
control, and complications which may
evolve from the disease.
In this legislative proposal, the Direc-
tor of the National Institute of Arthritis,
Metabolism, and Digestive Diseases shall
establish a National Task Force on Dia-
betes to formulate a long-range plan to
combat diabetes with specific recom-
mendations concerning the utilization
and organization of national resources
for that purpose after conducting a com-
prehensive study and survey, investigat-
ing the magnitude of diabetes mellitus,
its epidemiology, its economic and social
consequences, and an evaluation of avail-
able scientific information and the na-
tional resources capable of dealing with
the problem. The recommendations of
the task force will be the basis for the
inauguration of a national program on
diabetes.
In addition, the Director of the Na-
tional Institute of Arthritis, Metabolic,
and Digestive Diseases will be authorized
to conduct and render assistance to ap-
propriate public authorities and scien-
tific institution in the conduct of
research, training, and public and pro-
fessional education programs.
Grants to or contracts with States,
pohtical subdivisions, universities, hos-
pitals, or other public and nonprofit
private institutions or agencies are au-
thorized for projects and programs for
research, demonstration, training, public
and professional education for early
diagnosis, management, and treatment
of diabetes.
The legislation calls for the establish-
ment of a very limitec. number of model
diabetes research, treatment, and educa-
tion clinics throughout the United States
to determine the feasibility of operating
such clinics for the development of im-
proved methods of detecting diabetes, the
development of improved methods of in-
tervention against- high risk factors
which cause diabetes, and the develop-
ment of highly skilled manpower in dia-
betes diagnosis, prevention, and treat-
ment.
Mr. President, our knowledge of dia-
betes has been pitiful to date, and the
millions of people' who suffer from this
metabolic disorder feel neglected. In my
judgment, they are justified. Up to now
we have not had a single Federal research
center devoted to diabetes. It is time
that we faced up to this problem and
I am hopeful that new diabetes-related
research efforts can begin as soon as
possible. The elimination of diabetes will
mean an end to its dread complications.
Mr. President, it is mv hope that the
Federal Government will give a much
greater attention to this disease.
I ask unanimous consent that the bill
be printed at this point in tlie Record.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
S. 17
Be it enacted by the Senate and House
of Representatii>es of the United States of
America in Congress assembled. That this
Act may be cited as the "National Diabetes
Research and Education Act".
FINDINGS AND DECLARATION OF PURPOSE
Sec. 2. (a) The Congress hereby finds and
declares —
(1) that diabetes mellitus Is a major health
problem In the United States;
(2) that diabetes mellitus contributes to
many other health problems, and may sig-
nificantly decrease life expectancy;
(3) that the citizens of the United States
should have a full understanding of the
nature and Impact of diabetes mellitus;
(4) that there is striking evidence that the
known prevalence of diabetes mellitus has
increased dramatically in the past decade;
(5) that the severity of diabetes mellitus In
children and most adolescents Is greater than
in adults, which In most cases Involves
greater problems in the management of dia-
betes mellitus;
(6) that the attainment' of better methods
of early diagnosis and treatment of diabetes
mellitus deserves the highest priority;
(7) that the determination of the most
effective program for discovering the mag-
nitude of the disease Its causes, cures and
treatments must be given immediate atten-
tion: and
(8) that In order to provide for the most
effective program In diabetes mellitus it is
Important to mobilize the resources of the
National Institutes of Health as well as the
public and private organlzatloiiS capable of
the necessary research and public education
in diabetes mellitus.
(b) It Is the purpose of this Act to estab-
lish a national program to —
(1) expand and coordinate the national
effort against diabetes mellitus;
(2) advance activities of patient edvica-
tlon, professional education, and public edu-
cation which will alert the citizens of the
United States to the early indications of
diabetes meiUtus: and
(3) to emphasize the significance of early
detection, proper control, and complications
which may evolve from the disease.
DIABETES PROGRAM
Sec. 3. Part D of title IV of the Public
Health Service Act is amended by adding at
the end thereof the following new sections:
"NATIONAL TASK FORCE ON DIABETES
"Sec 435. la) The Director of the National
Institute of Arthritis, Metabolism, and Di-
gestive Disease shall establish a National
Task Force on Diabetes to formulate a long-
range plan to combat diabetes with specific
recommendations concerning the utilization
and organization of national resources for
that purpose after conducting a comprehen-
sive study and survey Investigating the mag-
nitude of diabetes mellitus. its epidemiol-
ogy, its economic and social consequences,
and an evaluation of available scientific in-
formation and the national resources capable
of dealing with the problem.
"(b) The program to be recommended by
the Task Force shall Include but not be lim-
ited to :
"(1) a coordinated research program en-
compassing the programs of the National In-
stitute of Arthritis. Metabolism, and Diges-
tive Diseases, related programs of the other
research institutes, and other Federal and
non-federal programs;
"(2) the utilization of existing research
faculties and personnel of the National In-
stitutes of Health for accelerated exploration
of oppcrtunltlfs of special promise in scien-
tific areas related to the known complica-
tions of diabetes mellitus;
"(3) a system for the collection, analysis,
and dissemination of all data useful in the
prevention, diagnosis' and treatment of di-
abetes mellitus. including the establishment
of a diabetes research data bank to collect,
catalog, store, and disseminate Insofar as is
practicable the results of dlabet?s research
undertaken for the use of any person in-
volved In diabetes research.
"(4) support of manpower programs of
training in fundamental sciences and clin-
ical disciplines to provide an expanded and
continuing manpower base from which to
select investigators, physicians, and allied
health professions personnel, for participa-
tion In clinical and basic research and treat-
ment programs relating to diabetes, includ-
ing where appropriate, the use of training
stipends, fellowships, and career awards.
"(5) budget estimates and projections re-
flecting the funds required to fully imple-
ment the recommended plan:
"(6) methods of education for persons hav-
ing diabetes, the general public and for the
professions, designed to Increase the national
awareness of diabetes and the nutritional,
genetic, environmental, and social factors,
which bear on It; and
" (7) an emphasis on the counseling to per-
sons, especially children, having diabetes and
to their families with regard to adjustments
and medical regimen required of such per-
sons.
"(c) The Task Force shall be composed of
fifteen members who are eminently qualified
to serve on such task force and who have
demonstrated an Interest in achieving
through research and clinical experience,
practical means for preventing and treating
diabetes, with a knowledge of the require-
186
CXDNGRESSIONAL RECORD — SENATE
January 4, 1973
nents for productive research, and education,
md with an understanding of the need for
■knd disciplines Involved In such research and
Bducation. as follows:
" ( 1 ) ten members shall be scientists or
physicians representing the various special-
ties and disciplines involving diabetes melll-
tus and related endocrine and metabolic dis-
eases;
"(2) five members from the general pub-
llic.
••(d)(1) The Task Force shall publish and
transmit to the Congress a final report
within 18 months aiter the enactment of this
Act. Such report shall recommend a detailed
national program as required In subsection
(a).
'•(2) The Task Force may hold such hear-
ings, take such testimony, and sit and act at
such times and places as the Task Force
d^ems advisable to develop a national pro-
gram on diabetes.
"(e) The Director shall —
" ( 1 ) designate a member of the staff of
the Institute to act as Executive Secretary
of the Task Force;
"(2) make available to the Task Force
such staff. Information and other assistance
as it may require;
••(3) designate one of the appointed mem-
bers of the Task Force to serve as chair-
man.
■•if) Members of the Task Force who are
officers or employees of the Federal Gov-
ernment shall serve as members of the
Commission without compensation in addi-
tion to that received in their regular public
employment. Members of the Task Force who
are not ofiBcers or employees of the Federal
Government shall each receive compensation
at the rate of ilOO per day for each day they
are engaged in the performance of their
duties as members of the Task Force. All
members of the Task Force shall be en-
titled to reimbtirsement for travel, subsist-
ence, and other necessary expenses Incurred
by them in the performance of their duties
as members of the Task Force.
■'(g) There are authorized to be appro-
priated to carry out the purposes of this
section $1,000,000.
■•rMPLEMENTATION OP DIABETES PROCB.'iM
'•Sec. 436. (a) As soon as practicable after
the Task Force submits its report and rec-
ommendations to the Congress, the Director
shall submit to the President for transmittal
to the Congress a report outlining the ac-
ti<^is required as well as the Institute's staff
retirements to carry out the program and
a request for such additional appropriations
(including increased authorizations) as re-
quired to pursue Immediately the full im-
plementation of the program recommended
by the Task Force for which regularly appro-
priated funds are not available.
"DIABETES CONTROL PROGRAMS
■Sec. 437. (a) The Director shall establish
programs for cooperation with State and
other health agencies in the early diagnosis
and treatment of diabetes as well as pro-
grams of public, professional, and patient
education.
■ tb) There are authorized to be appro-
priated to carry out the purpose of this sec-
tion $5,000,000 for the fiscal year ending
June 30. 1973, and a like sum for each of the
next two succe<Kiing fiscal years, and such
sums as may be necessary thereafter.
"FROJECTS AND PROGRAMS FOR THE DETECTION
AND EDUCATION OF DIABETES MELLFTrS
'Sec 438. (a)(1) The Director is autho-
rized to make grants to, or contract with
States, political subdivisions, universities:
hospitals, and other public or non-proflir'
private institutions, agencies, institutions, or
organizations which are community oriented,
for projects and programs for the conduct
of any or all of the following: research, dem-
onstration, training. In and utilization of
aUie<l heXlth personnel, or public and pro-
fessional education for the early diagnosis
and treatment of diabetes melUtus, or coun-
seling and assistance In self management.
"(2) In making such grants the Director
shall give a priority to those applicants which
emphasize the use of allied health per.=onnel.
■■(b) A grant (not to exceed 75 per centum
of the cost) under this section may be made
upon application to the Director at such
time, in such manner, containing and ac-
companied by such information as the Di-
rector deems necessary. Each applicant
shaU—
"(1) provide that the programs and activi-
ties for which assistance is sought will be
administered by or under the supervision of
the applicant;
"(2) describe with particularity the pro-
grams and activities for which assistance Is
sought;
'•(3) provide for strict confidentiality of
test results, medical records, and other in-
formation regarding screening, counseling, or
treatment of any person treated except for
(A) such Information as the patient (or his
guardian) consents to be released; or (B)
statistical data compiled without reference
to the identity of any such patient;
"(4) set forth such fiscal control and fund
accounting procedures as may be necessary
to assure proper disbursement of and ac-
counting for Federal funds paid to the appli-
cant under this title;
"(5) provide for such reports in such form
and containing such Information as the Di-
rector may reasonably require.
"(c) There are authorized to be appropri-
ated to carry out the purposes of this section
§25,000:000 for the fiscal year ending June
30. 1973. and a like sum for each of the next
two succeeding fiscal years, and such sums
as may be necessary thereafter.
"DIABETES RES^rttCH, TREATMENT AND
EDUCATION CLINICS
"Sec. 439. (a) The Director is authorized to
establish not more than six model diabetes
research, treatment and education clinics
throughout the United States within the
framework of existing programs. The pur-
pose of such clinics shall be to test the feasi-
bility of such clinics with regard to —
"(1) the development of improved meth-
ods of detecting diabetics;
"(2) the development of Improved meth-
ods of Intervention against high risk factors
which cause diabetes: and
"(3) the development of highly skilled
manpower in diabetes diagnosis, prevention,
and treatment.
••(b) Such clinics shaU be served by a cen-
tral coordinating unit that shall be responsi-
ble for the development of standardized pro-
cedures for diagnosis, treatment, and data
collection In relation to diabetes mellltus.
Such clinics are to be located at or in affilia-
tion with a major medical center as deter-
mined by the Director.
"(c)(1) There are authorized to be ap-
propriated for the establishment of the clin-
ics authorized under this section $6,000,000
for the fiscal year ending June 30. 1973. and a
like sum for each of the next two succeeding
fiscal years antt such sums as are iiecessary
thereafter.
•■(2) In no case shall more than $1,000,000
be expended on any one clinic In a fiscal year.
••(d) The Director, under existing Nation-
al Institutes of Health policy, may enter Into
cooperative agreements with public or non-
profit private agencies or institutions to pay
all or part of the cost of planning or estab-
lishing, and providing basic operating sup-
pKJrt for these clinics. Federal payments in
support of such agreements may be used
for—
"(1) construction;
"(2) staffing and other operating costs;
'•(3) training with emphasis on allied
health personnel;
'•(4) demonstration purposes.
"(e) As scxjn as practicable the Director
shall evaluate the performance and effect of
such clinics, and determine the necessity and
utility of expanding such clinics on a contin-
uing basis and submit a report thereon with
recommendations, If any, for legislation re-
quired to Implement such a program
•'DEFINITIONS
"Sec. 440. For the purposes of this part the
term —
••(1) 'Director' means the Director of the
National Institute of Arthritis. Metabolism,
and Digestive Diseases; and
•'(2) •Task Force' means the National Task
Force on Diabetes."
ByMr. RIBICOFF:
S. 18. A bill to amend the Internal
Revenue Code of 1954 to allow a credit
against income tax to individuals for
certain expenses incurred in providing
higher education. Referred to the Com-
mittee on Finance.
TUITION TAX CREDITS FOR HIGHER EDUCATION
Mr. RIBICOFF. Mr. President, over 9
years ago I introduced legislation to pro-
vide tax relief for those families bur-
dened with the rising costs of higher
education. Since then the Senate has ap-
proved that legislation three times. Un-
fortunitely. the House of Representatives
has failed to follow^ the Senate's leader-
ship in this area.
The basic costs of going to college have
risen dramatically over the last 5 years.
The median annual cost of attending a
large State or land-grant university has
risen 26 percent — for a nonresident it
rose 37 percent. A nonresident attending
a small State college would have seen his
tuition go up 48 percent while students
at an Ivy League school would have suf-
fered a 40 -percent increase.
Because there is no end in sight to this
spiral, it will soon cost between $10,000
and $20,000 to earn a bachelor's degree.
Not many families can afford such ex-
penses— especially if they have more
than one child in college at any one time.
A constituent of mine recently wrote
of the plight in which the soaring costs
of education has placed his family.
One child has completea a year of
college at the cost of several thousand
dollars. Next year, twin sons will be of
college age. One wants to be a veteri-
narian.
Both parents work full time. The chil-
dren work during the summers. Family
income cannot be expanded. Available
scholarships and loans are exhausted.
Educational expenses in tens of thou-
sands of dollars must be paid in the next
few years.
My constituent asks only one question,
How can I send my children to college?
Unless something is done soon, the an-
swer will be:
You can't — unless you suddenly become
wealthy or willing to go deep into debt.
Because it is unrealistic to expect tui-
tions to decrease, my legislation is de-
signed to help parents better afford them
by providing income tax credits of up
to $32S^for each college student.
The c^dit would be computed on the
basis of 100 percent of the first $200 of
qualifying expenditures for tuition fees,
and books; 25 percent of the next $300;
and 5 percent of the subsequent $1,000.
No credit would be allowed for student
costs above $1,500.
January
■4,
1973
CONGRESSIONAL RECORD — SEN ATE
187
The resulting credit would be allowed
against the Federal income tax of any
person who paid the expenses of edu-
cation for himself or another person at
a qualified educational institution. A
qualified institution includes recognized
colleges, universities, graduate schools,
vocational and business schools.
The available credit would begin to be
phased out when the taxpayer's adjusted
gross income reached $15,000. Two per-
cent of the amount by which a tax-
payer's adjusted gross income exceeded
$15,000 would be deducted from the
credit available to that taxpayer. Thus,
no taxpayer with an adjusted gross in-
come above $31,250 would be eligible for
a credit.
I ask unanimous consent that a table
outlining the available benefits to vari-
ous income groups be printed at this
point in the Record.
There being no objection, the table
was ordered to be printed in the Record,
as follows: \
AVAILABILITY OF TUITIOIl CREDIT BY AMOUNT OF. QUALIFIED EXPENSES AND INCOME LEVEL (PER STUDENT)
Ad|usted gross Income
•^^Qualifped expense
$10,000
$15,000
$20. 000
S25, 000
$30, 000
$35, 000
$100...
J2M...
$300...
$400...
J500...
$750...
$1,000.
$1.25U.
$1,500.
$100,00
200. 00
225.00
250.00
275. 00
287.50
300.00
312.50
325.00
$100.00
200.00
225.00
250. 00
275. 00
287. 50
300.00
312. 50
325. 00
0
0
0
$100.00
0
0 '
125.00
$25. 00
0
150.00
50.00
0
175.00
75.00
0
187.50
87.50
0
200. 00
100.00
0
212.90
112.50 ,
$12.50
225. 00
125.00 ■'
25.00
Mr. RIBICOFF. Mr. President, this bill
is not the final answer to the rising costs
ol education. It would, how^ever,
strengthen the ability of families to fi-
nance their son's or daughter's college
education.
The future of America depends on the
ability of its young people — no m.atter
what their social or economic back-
ground— to obtain the best education
a\'ail-ble. I am hopeful that the 93d
Congres.> will help guarantee a bright
future by finally enacting this important
legisk;tion.
I ask unanimous consent that the text
of S. 13 be printed in the Record at this
point.
There being no objection, the bill was
ordered to be printed in the Record, as
follows:
s. 18
Be it enacted by the Senate and House of
Representatwes of the United States of
America in Congress assembled. That —
Sec 7. Credit for Expenses of Higher
Kp'c.uton. —
(a) Subpart A of part IV of subchapter A
of chapter 1 of the Internal Revenue Code of
1954 (relating to credits allowable) Is
amended by renumbering section 40 as 41
and by inserting after section 39 the follow-
ing new section:
".Sec. 40. ExpiKSF.s ok Higher Education. —
•'(a) General Rule. — There shall be al-
lowed to an individual, as a credit against
the tax Imposed by this chapter for the tax-
able year, an amount, determined under
subsection (b), of the expenses of higher
education paid by him during the taxable
year to one or more institutions of higher
education in providing an education above
the twelfth grade for himself or for any
other individual.
"(b) Limitations. —
"(1) Amount per individual. — The credit
under subsection (a) for expenses of higher
education of any individual paid during the
taxable year shall be an amount equal to the
sum of —
"(A) 100 percent of so much of such ex-
penses as does not exceed $200.
"(B) 25 percent of so much of such ex-
penses as exceeds $200 but does not exceed
$500. and
•'(C) 5 percent of so much of such expenses
as exceeds $500 but does not exceed $1,500.
"(2) Proration of credit where more
THAN one taxpayer PATS EXPENSES. — If ex-
penses of higher education of an individual
are paid by more than one taxpayer during
the taxable year, the credit allowable to each
such taxpayer under subsection (a) shall be
the same portion ^of the credit determined
under paragraph ( 1 ) which the amount of
expenses of higher education of such Individ-
ual paid by the taxpayer during taxable year
Is of the total amount of expenses of higher
education of such individual paid by all tax-
payers diiring the taxable year.
••(3) Reduction of credit. — The credit
under subsection (a) for expenses of higher
education of any individual paid during the
taxable year, as determined under para-
graphs (1) aiid (2) of this subsection, shall
be reduced by an amount equal to 2 percent
of the amount by which the adjusted gross
income of the taxpayer for the taxable year
exceeds $15,000.
'•(c) Definitions. — For purpo-ses of this
section —
"(1) Expenses of higher education. — The
term •expenses of higher education' means —
'•(A) tuition and fees required for the en-
rollment or attendance of a student at a
level above the twelfth grade at an Institu-
tion of higher education, and
•'(B) fees, books, supplies, and equipment
required for courses of Instruction above the
twelfth grade at an Institution of higher
education.
Such term does not include any amount
paid, directly or indirectly for meals, lodging,
or similar personal, living, or family expenses.
In the event an amount paid for tuition or
fees includes an amount for meals, lodging,
or similar expenses which is not separately
stated, the portion of such amount which is
attributable to meals, lodging, or similar ex-
penses shall be determined under regulations
prescribed by the Secretary or his delegate.
••(2) iNSTITtmON OF HIGHER EDUCATION,
The term 'Institution of higher education'
means —
"(A) an educationtd Institution (as de-
fined in section 151 le) (4)) —
"(1) Which regularly offers education at a
level above the twelfth grade; and
"(11) contributions to or for the use of
which constitute charitable contributions
within the meaning of section 170(c); or
"(B) a business or trade school, or tech-
nical institution or other technical or voca-
tional school. In any State which (1) Is legal-
ly authorized to provide, and provides with-
in that State, a program of postsecondary
vocational or technical education designed
to fit indlvldvials for useful employment In
recognized occupations, (11) is accredited by
a nationally recognized accrediting agency
or association listed by the United States
Commissioner of Education, and (ill) has
been In existence for 2 years or has been
specially accredited by the Commissioner as
an institution meeting the other require-
ments of this subparagraph.
"(d) Special Ruixs. —
•■(1) Adjustment for certain scholar-
ships AND VETERANS' BENEFITS. The amOUntS
otherwise taken into account under subsec-
tion (a) as expenses of higher education of
any individual during any period shall be re-
duced (before the application of subsection
(b)) by any amounts received by such In-
dividual during such perlpd as —
••(A) scholarship or i fellowship grant
(within the meaning of section 117(a)(1))
which under section 117 is not includible In
gross Income, and
"(B) educational assistance allowance un-
der chapter 35 of title 38 of the United States
Code or education and training allowance
under chapter 33 of title 38 of the United
States Code.
"(2) NONCREDIT AND RECREATIONAL, ETC.,
cot^RsEs. — Amounts paid for expenses of
higher education of any Individual shall be
taken into account under subsection (a) —
"(A) In the case of an Individual who is a
candidate for a baccalaureate or higher
degree, only to trte extent such expenses are
attributable to courses of Instruction neces-
sary to fulfill requirements for the attain-
ment of a predetermined and Identified edu-
cational, professional, or vocational objec-
tive.
"(3) Application with other credits. —
The credit allowed by subsection (a) to the
taxpayer shall not exceed the amount of
the tax Imposed on the taxpayer for the tax-
able year by this chapter, reduced by the
sum cf the credits allowable under this sub-
part (other than under this section and sec-
tion 31).
"(e) Disallowance of Expenses as Deduc-
tion.— No deduction shall be allowed under
section 162 (relitlng to trade or business ex-
penses) for any expense of higher education
which (after the application of subsection
(b)) Is taken Into account In determining
the amount of any credit allowed under sub-
section (a) . The preceding sentence shall not
apply to the expenses of higher education of
any taxpayer who. under regulations pre-
scribed by the Secretary or his delegate,
elects not to apply the provisions of this sec-
tion with respect to such expenses for the
taxable year.
"(f) Regulations. — The Secretary or his
delegate shall prescribe such regulations as
may be necessary to earn' out the provi-
sions of this section."
(b) The table of sections for such subpart
A is amended by striking out the last Item
and Inserting In lieu thereof the following:
"Sec. 40. Expenses of higher education.
"Sec. 41. Overpayments of tax."
(c) The amendments made by this section
shall apply to taxable years beginning after
December 31. 1972.
By Mr. ROLLINGS: (for himself
and Mr. Stevens) :
S. 19. A bill to authorize a program to
develop and demonstrate low-cost means
of preventing shoreline erosion. Referred
to the Committee on Public Works.
Mr. ROLLINGS. Mr. President, today,
I am introducing a bill to authorize $6
million for a 5 -year program to develop
and demonstrate low-cost means to pre-
vent the eradication of one of our most
valuable natural resources — the ocean
and the Great Lakes shorehnes. This bill
directs the Corps of Engineers to admin-
ister this program, and directs the Sec-
188
CONGRESSIONAL RECORD — SENATE
January ^, 197 S
retary of the Army to establish a 15-
member shoreline erosion advisory panel
which will recommend criteria for selec-
tion of demonstration sites, make peri-
odic reviews of the program, and more
importantly, suggest methods to dissemi-
nate the information learned about the
shorelme erosion control devices that are
developed.
The erosion of our shorelines is fast
becoming a serious national problem.
The U.S. Atlantic. Pacific, and Arctic
coastlines total 88.633 miles, and there
are 10.980 miles of U.S. coast bordering
the Great Lakes. Although there is wide
physical diversity of these shorelines, ap-
proximately 50 percent of the coastline
:s susceptible to erosion. The interest in
combating this problem is, of course,
shared by private landowners, conserva-
tion interests, the Federal Government,
and Ihe States. Unfortunately, rapidly
inteifcfied use of our coastal shoreline
has sOfpassed the capabilities and the
technolbgy of private interests and local
governments to properly preserve the
shoreline and effectively prevent erosion.
As in most Coastal and Great Lake
States, my State of South Carolina has
suffered many costly problems and, in
many cases, irreparable harm as a result
of shoreline erosion. Marine life has been
altered or destroyed, navigable channels
have been blocked, and land has literally
been lost. Many of these problems, of
course, are caused by the natural ele-
ments such as waves, tides, currents,
land water drainage, and wind. Man has
also caused many of these problems
through the development of navigational
facilities, housing sites, industrial proj-
ects, and other programs which have
not taken info account the byproduct of
shoreline erosion. The fight against this
problem is an ancient one. and the list
of attempts to combat these forces range
from seawalls and dikes to more sophisti-
[■ated methods of planting artificial
seaweed.
While we have the technology to es-
tablish elaborate seawalls, jetties, and
the like, the high cost of these methods
rnake it impossible to use them as exten-
sively as is necessary. Hence, the real
need is for the technical expertise to em-
ploy low-cost devices and programs. Too
often the technical and financial lim-
itations have resulted in ill-advised and
meffective attempts to control erosion.
As chairman of the Subcommittee on
Oceans and Atmosphere, I introduced
legislation, which is now Public Law 92-
583. calling for the development of man-
agement plans and programs for our
coastal and estuarine zone areas in the
United States. The modest effort con-
tatned in this shoreline erosion bill h?>s
already met the approval of the House
and Senate during the last session of
Congress, but was vetoed by the Presi-
dent as a part of the Omnibus Rivers
and Harbors Act of 1972. The veto mes-
sage indicated that the objection was
not to the shoreline erosion provisions
but rather to the high cost of the re-
mainder of the bill. Also this legislation
is complementary- to the Coastal Zone
Management Act in an overall effort to
preserve, restore and develop a natural
resource that we cannot afford to be ir-
revocably lost — the shoreline. Therefore,
I a^k my colleagues for favorable con-
sideration of this bill.
Mr. President, I ask unanimous con-
sent that the text of the bill be printed
at this point in the Record.
There being no objection, the bill was
ordered to be printed in the Record,
as follows:
S. 19
A bill to authorize a program to develop and
demonstrate low-cost means of preventing
shoreline erosion
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That this
Act may be cited as the "Shoreline Erosion
Control Demonstration Act of 1973."
FINDINGS AND PIRPOSE
Sec. 2. The Congress finds that because of
the Importance and increasing interest In the
coastal and estuarine zone of the United
States, the deterioration of the shoreline
within this zone due to erosion, the harm
to water quality and marine life from
shoreline erosion, the loss of recreational
potential due to such erosion, the fi-
nancial loss to private and public land-
owners resulting from shoreline ercslon, and
the inability of such landowners to obtain
satisfactory financial and technical assistance
to combat such erosion, it is essential to
develop, demonstrate, and disseminate in-
formation about low-cost means to prevent
and control shoreline erosion. It is there-
fore the purpose of this Act to authorize a
program to develop and demonstrate such
means to combat shoreline erosion.
SHORELINE EROSION PROGRAM
Sec. 3. (a) The Secretary of the Army shall
establish and conduct for a period of five
fiscal years a national shoreline erosion con-
trol development and demonstration pro-
gram. The program shall consist of planning,
constructing, operating, evaluating, and
cfemonst rating prototype shoreline erosion
control devices, both engineered and vegeta-
tive,
(b) The program shall be carried out In
cooperation with the Secretary of Agriculture
particularly with respect to vegetative means
of preventing and controlling shoreline ero-
sion, and in cooperation with Federal. State,
and local agencies, private organizations, and
the Shoreline Erosion Advisory Panel estab-
lished pursuant to section 4.
(c) Demonstration projects established
pursuant to this section shall emphasize the
development of low-cost shoreline erosion
control devices located on sheltered or In-
land waters. Such projects shall be under-
taken at no less than two sites on the shore-
line of the Atlantic, Gulf, and Pacific coasts
and at not less than one site on the Great
Lakes. Sites selected should, to the extent
possible, reflect a variety of geographical and
climatic conditions.
(d) Such demonstration projects may be
carried out on private or public lands ex-
cept that no funds appropriated for the pur-
pose of this Act may be expended for the
acquisition of privately owned lands. In the
case of sites located on private or non-Fed-
eral public lands, the demonstration projects
shall be undertaken in cooperation with a
non-Federal sponsor or sponsors who shall
pay at least 25 per centum of construction
costs at each site and assume operation and
maintenance costs upon completion of the
project.
SHORELINE EROSION ADVISORY PANEL
Sec. 4. (a) No later than one hundred and
twenty days after the date of enactment of
this Act the Secretary of the Army shall es-
tablish a Shoreline Erosion Advisory Panel.
The Secretary shall appoint fifteen members
to such Panel from among individuals who
are knowledgeable with respect to various as-
pects of shoreline erosion, with representa-
tives from various geographical areas, insti-
tutions of higher education, professional or-
ganizations. Slate and local agencies, and
private organizations: Provided, That such
individuals shall not be regular full-time
employees of the tinited States. The Panel
shall meet and organize within ninety days
from the date of its establishment, and shall
select a Chairman from among its members.
The Panel shall then meet at least once each
six months thereafter and shall expire ninety
days after termination of the five-year pro-
gram established pursuant to section .3.
(b) The Panel shall —
( 1 ) advise the Secretary of the Army gen-
erally In carrying out the provisions of this
Act:
(2) recommend criteria for the selection of
development and demonstration sites;
(3) recommend alternative institutional,
legal, and financial arrangements necessary
to effect agreements with non-Federal spon-
sors of project sites;
(4) make periodic reviews of the progress
of the program pursuant to this Act;
(5) recommend means by which the
knowledge obtained from the project may
be made readily available to the public; and
(6) perform such functions as the Secre-
tary of the Army may designate.
(CI Members of the Panel of the United
States shall, while serving on business of
the Panel, be entitled to receive compensa-
tion at rates fixed by the Secretary of the
Army, but not in excess of $100 per day, In-
cluding traveltime; and, while so serving
away from their homes or regular places of
business, they may be allowed travel ex-
penses, including per diem in lieu of sub-
sistence, as authorized by section 5703 of
title 5 of the United States Code for persons
in Government service employed Intermit-
tently
(d) Tlie Panel Is authorized, without re-
gard to the civil service laws, to engage such
technical and other assistance as may he
required to carry out its functions.
PROGRAM PROGRESS REPORT
Sec. 5. The Secretary of the Army shall
prepare and submit annually a program prog-
ress report, including therein contributions
of the Shoreline Erosion Advisory Panel, to
the chairman of the Senate and House of
Representatives Committees on Public Works.
The fifth and final report shall he submitted
sixty days after the fifth fiscal year of fund-
ing and shall Include a comprehensive eval-
uation of the national shoreline erosion con-
trol and demonstration program.
APPROPRIATIONS
Sec. 6. There Is authorized to be appro-
priated for the fiscal year ending June 30.
1974. and the succeeding four fiscal years, a
total of not to exceed $6,000,000 to carry out
the provisions of this Act. Sums appropriated
pursuant to this section shall remain avail-
able until expended.
By Mr. PROXMIRE:
S. 20. A bill to provide that appoint-
ments to the Office of Director of the Of-
fice of Management and Budget shall be
subject to confirmation by the Senate.
Reierred to the Committee on Govern-
ment Operations.
Mr. PROXMIRE. Mr. President, I send
to the desk and ask for appropriate ref-
erence of a bill to provide that the ap-
pointment to the office of Director of the
Office of Management and Budget —
OMB — shall be subject to confirmation
by the Senate.
I have worded my bill in such a way
that even it if does not become law until
after Mr. Roy Ash takes on the job. Mr.
Ash would have to be confirmed by the
Senate before he could continue.
January 4, 1^73
CONGRESSIONAL RECORD — SENATE
18^
OVERSIGHT THAT DIRECTOR IS NOT CONFIRMED
It is an oversight that the Director of
the OMB does not have to be confirmed
by the Senate. Originally he was merely
a personal adviser to the President with a
relatively small stafif. Now that Office has
grown tremendously. He no longer func-
tions in that merely personal capacity to
the President. Over time the Office has
grown ai^-d grown. He now runs one of the
major agencies of the Government.
LI?r-AND-DrATH POWER OVER APPROPRI.'iTIONS
He h.is life and-death power over the
appropriatons of virtually every depart-
ment. In erecting the budget, subject
only to the President, he determines our
priorities. He has the power not only to
spend, but to speed up, withhold, slow
down, and impoimd funds. With the pos-
sible exception of the Secretary of De-
fense, he is the single most powerful man
in the Government except the President.
The Director of OMB should be con-
firmed by the Senate.
IMPORTANT TO REVIEW MR. ASH'S
QUALIFICATIONS
But it is even more important that the
Senate review the qualifications of Mr.
Roy Ash. While he has had considerable
business success, great controversy also
swirls around his head.
As head of Litton Industries he was in
charge of two of the most wasteful and
inefficient Navy contracts — the LHA and
DD963 contracts — any private company
has held with the Government.
His company has made claims of over
$160 million against the Navj' for which
the Navy has allowed only a pittance.
But Mr. Ash nonetheless threatened to
"go to the President" on behalf of those
claims. Now. as the head of OMB he is
in a position inside the Government to
effect those claims. Congress must inquire
about that.
Furthermore, the man who protected
the public interest and blew the whistle
on Mr. Ash and his claims, Mr. Gordon
Rule, has now been demoted and assigned
an insignificant job. Meanwhile, Mr. Ash
has been given power over the entire
spending progi'am of the Federal Govern-
ment.
MR. ASH HAS IRONIC ASSIGNMENT
More ironic, not only has Mr. Ash
been designated as Director of the OMB
but the President has also assigned him
the duty to oversee a program to bring
efficiency to Government.
For all these reasons I am introducing
my bill. It states simply:
That effective on the day after the date
Of eaactment of this Act, the Director of
the Office of Management and Budget (origi-
nally established by section 207, of the Budget
and Accounting Act, 1921, and redesignated
by section 102 of Reorganization Plan No. 2
of 1970) shall be appointed by the President
by and with the advice and consent of the
Senate.
By Mr. BEALL:
S. 21. A bill to prevent the forced trans-
portation of elementary and secondary
students during the course of the school
year, and for other purposes. Referred to
the Committee on Labor and Public Wel-
fare.
CONTINUITY OF EDUCATION ACT
Mr. BEALL. Mr, President, I introduce
today the^eontinuity of Education Act.
hejgmil
This measure merely prevents the im-
plementation of busing orders during the
school year. It applies to all coui't or ad-
ministrative orders not implemented at
the beginning of the 1972-73 school year.
It is a measure which I believe can and
should be supported by all of my col-
leagues in the Senate.
Mr. President, recently the U.S. dis-
trict court in Maryland ordered Prince
Georges County, the Nation's 10th largest
school system, to move approximately
one-fifth of its pupil population, effective
January 29, in order to achieve racial
balance.
In my judgment, this decision is edu-
cationally unsound and administratively
indefensible. Busing is one of the most
controversial issues facing the Nation.
The majority of our citizens clearly op-
pose foi-ced busing to achieve racial bal-
ance. Implementation of such orders is
difficult at best and becomes even more
controversial when commonsense is
tossed out the window. The situation in
Prince Georges County underscores the
need for congressional action on the bus-
ing issue during this session of Congress.
Mr. President, personally, I oppose
forced busing to achieve racial balance.
Children should be allowed to attend
their neighborhood school and neighbor-
hoods should be open to all people re-
gardle.ss of lace, creed, or color.
I have repeatedly supported efforts to
•prevent such business. Unfortimately, all
such proposals pressed in the Senate in
the last Congre.ss were defeated, some by
the narrowest of margins. The adminis-
tration submitted in the previous Con-
gress legislation to establish reform
guidelines and to place uniform limits
on busing, but no action was taken on
the proposal by the Congi'ess. Congress
cannot continue to ignore this problem.
It will not go away. The judicial and ad-
ministrative excesses in this area must
be restrained.
While the Prince Georges County
situation prompted the proposal I ad-
vance today, tliis is not the first occasion
that I have encountered and opposed
transfers and busing during the school
year. I will relate to my colleagues two
separate occasions, one of wliich had
nothing to do with racial matters, in-
\-olving such transfers which I success-
fully fought.
In the first example, I was contacted
by a parochial school in Baltimo' e Coun-
ty, Md., which employed as a sixth grade
teacher, a lady from the Phi'ippines. I
was advised that the Labor Department
was refusing to extend this foreign
teacher's alien employment certification
to pci'mit her to complete the school year.
In this instance, I agreed with the prin-
ciple of the Labor Department's ruling
namely, that foreign citizens should not
be allowed to continue to stay if there
exists a surplus of qualified teachers in
the United States. But, I was also con-
cerned that the educational process of
these elementary students would be
harmed and that the special relationship
and rapport, which everj'one said existed
between that teacher and her class,
would be sacrificed to the detriment of
the elementary children. I pleaded with
the Labor Department to extend the for-
eign teacher's deportation. The Depart-
mont, however, did not aprce and I was
forced to introduce legislation allowing
the teacher to remain. The teacher
thus was able to complete the school
year and the education process of the
students v.as uninterrupted. Upon the
completion of the school year, the teach-
er dep.Aiied for the Philippines.
The second contact I had with the
problem of transfers during the school
term involved Somerset Coimty, Md. This
case was unbelievable and, I think, in-
dicative of the bureaucratic exce^es,
just as the Prince Georges situation re-
flects judicial excesses. In the Somerset
County case, the school system had
achieved the integration of the student
body, but that was not enough, accord-
ing to the Department of Health, Educa-
tion, and Welfare officials. They de-
manded that the black-white teacher
ratio in each of the county's schools
equal the overall black-white teacher
ratio that existed in the county, and
what is more incredible, to achieve this
ratio, HEW was requiring the complete
transfer of teachers 9 weeks prior to the
close of the school year: I immediately
requested a meeting in my office with the
HEW and Somerset officials. As a result
of this meeting, HEW agreed to postpone
the teacher transfers and delayed their
implementation order until September.
As I have indicated. I personally do
not favor forced busing to achieve racial
balance. I have consistently voted against
it in the Senate. Many of my colleagues
feel otherwise. The Senate was almost
evenly divided on the busing question in
the last Congress. I am convinced, based
on my discussions with some of the pro-
ponents of busing, that they would not
support or condone decisions and the ex-
amples of the type I have cited. I also
believe that Members of Congress, even
if they believe in busing, want such or-
ders to be educationally and administra-
tively sound, with a minimum of disloca-
tion and disruption to the educational
process of the students and the school
system. The Supreme Court has declared
there are obvious limits to busing. One
such example v.as when busing signifi-
cantly impinged on the education process
of the students. I believe that massive
midyear busing is inimical to the educa-
tional process of £ill the students. It
causes disruption and harms the con-
tinuity of the education process and
breaks the special relationship and rap-
port teachers develop with their pupils.
This is true for all students, but partic-
ularly for elementary pupils. It causes
serious scheduling problems for junior
and senior high school students and it
increases problems of reorganizing spe-
cial compensatory education programs
for disadvantaged children, as well as
other real and practical problems such
as a catastrophic effect on extra curri-
cular activities. It should be pointed out
that, although academic considerations
are primary, extracurricular activities
are also very important not only to the
development of a cohesive and unified
school spirit, but also to the development
of the child as an individual and in his
relationship to his classmates. Under
midyear busing orders, the pL^yers of a
basketball team would be disper-rd
among different schools and the spirit
190
CONGRESSIONAL RECORD — SENATE
January ^, 1973
that took almost an entire season to de-
velop would be lost. Yearbook and news-
paper staffs and other club gind class ac-
tivities will be disrupted.
In addition, midterm busing orders
could hamper the growth of the individ-
ual student who has established himself
in an extracurricular activity and at this .
point in time has gained confidence as a
member of a particular peer group and
is suddenly uprooted from his social
grouping to be placed in an alien at-
mosphere.
Not only is this harmful to the student,
but it is also inconvenient to parents and
pupils alike. Granted, some of these prob-
lems are presented when the order takes
effect at the commencement of the school ,
vear; nevertheless, midterm orders, to
borrow an old expression, are like
■throwing salt on a wound." I believe
that when courts rule they should at-
tempt to minimize the inherent prob-
lems, not magnify them, as would be the
case with a midyear effective date.
I want to make a special plea to the
citizens of Prince Georges County. I
know that there is no greater concern for
any parent than that his yotmgster re-
ceive the best possible education.
I know that many parents have pur-
chased the home in which they are now-
living only after surveying the schools
nearby. They had every right to believe
that their son or daughter would attend
this neighborhood school. I. like the ma-
]ority of the citizens in Prince Georges
County, still believe that the neighbor-
hood school concept is a valid one. I do
urge the citizens of Prince Georges
County to keep their "cool" notwith-
standing their strenuous opposition to
the court's decision. We are a nation of
laws and we must abide by that process
and work within the system to correct
abuses or excesses.
Finally, as a member of the Education
Subcommittee. I want to reiterate a con-
cern that I share with respect to the bus-
ing issue. I am deeply bothered that the
controversy over busing is preventing us
from addressing the great educational
dehciencies and needs that exist in many
of the schools in this country. I believe
that there would be public support for
correcting such deficiencies and doing,
in general, what is necessary to make
certain that all our schools are quality
schools. Yet. too much of our energy and
effort is being centered and dissipated on
the busing issue rather than focusing on
quality education.
I strongly urge my colleagues, no mat-
ter what their position on the busing
Issue, to join with me in this small step
to eliminate what I regard as a clear
excess in this area and to make certain
that all of our students might be able to
have an education that is not disrupted
in the middle of the school year.
Mr. President, it is imperative that
Congress move quickly on this proposal,
rime is of the essence in order to pre-
vent educationally and administratively
unsound midyear busing. Under the
:ourt's decision. Prince Georges Coimty
,s required to implement its plan on Jan-
uary 29. It is my imderstanding that
there are other school districts facing
similar midyear busing orders.
Congress, at the very least, should
move to prevent the disruption of the
education process by requiring that
judicial and administrative orders com-
mence at the beginning of a school year.
By Mr. AIKEN (for himself, Mr.
Allen, Mr. Sparkman, Mr. Tal-
MADGE, and Mr. Humphrey) :
S. 22. A bill to establish a system of
wild areas within the lands of the na-
tional forest system. Referred to the
'Committee on Agriculture and Forestry.
THE NATIONAL FOREST WILD AREAS ACT OF 1973
Mr. AIKEN. Mr. President, I join to-
day with Senators Talmadge, Allen,
Sparkman, and Humphrey in introducing
the National Forest Wild Areas Act of
1973.
The Senate will recall that on Septem-
ber 26, S. 3973, the National Forest WUd
Areas Act of 1972, was passed. There was
no action in the House, so this measure
died with the 92d Congress.
The draft of the bill that we are In-
troducing today reflects discussions over
the last several months with the Forest
Service, conservation gi'oups, and rep-
resentatives of tlie forest products in-
dustry. We are introducing it today and
expect hearings will soon begin.
As in S. 3973, this new draft of the
National Forest Wild Areas Act of 1973
makes it clear that none of the areas
designated as a wild area will meet the
criteria for "wilderness" as set forth in
section 2(c> of the Wilderness Act. In
other words, this legislation is not an at-
tempt to tui'n potential wilderness areas
into wild areas, a matter that I know has
been of concern to many.
Rather it is an attempt to protect cer-
tain areas in the eastern national forest
system from commercial exploitation.
Mr. President. I ask imanimous con-
sent that the text of the bill and a sec-
tion-by-section analysis of the bill be
printed at this point in the Record.
There being no objection, the bill and
analysis were ordered to be printed in the
Record, as follows:
s. 22
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, that this Act
may be cited as "The National Forest Wild
Areas Act of 1973."
TITLE I
statement of findings and establishment
of a wild area system
Sec. 101. (a) Congress hereby finds that:
(1) In the eastern portion of the United
States, containing the majority of the na-
tion's population, there Is but a small por-
tion of the nation's publicly owned land:
(2) The national forest system represents
a major federally owned land area In the
Eastern United States;
(3) There is a growing need for the broad
range of recreational opportunities which can
be' provided within the national forest sys-
tem, within the framework of the purposes
and objectives of the Weeks Act of March 1,
1911 (36 Stat. 961). as amended (16 U.S.C.)
and the Multiple Use and Sustained Yield
Act of June 12. 1960 (74 Stat. 215, 16 U.S.C.
528-31).
(4) Among these opportunities is the
opportunity for present and future genera-
tions to enjoy primitive recreation In a
spacious, natural and wild setting.
(5) The eastern national forests have been
acquired largely from private ownership and
have been subject for the. most part to
highly developed works of man; however,
there exists within the national forest sys-
tem areas which liave been restored or are
In the process of restoration to a near natural
condition and which appear predominantly
primitive and undi-sturbed in character.
(6) Statutory designation as wild areas of
certain lands within the national forest
system affording such opportunities is con-
sistent with the Multiple Use Sustained
Yield Act of 1960 and the Wilderness Act of
1964.
(b) In accord with these findings there is
hereby created a system of federally owned,
national forest wild areas designated by
Congress within the national forest system,
east of one hundredth meridian to be man-
aged by the Secretary of Agriculture (here-
inafter referred to as the "Secretary") as a
part of the national forest system. Areas
designated under this Act shall be known as
wild areas and shall be administered to re-
store, maintain, and protect the natural,
primitive, and wild character of the areas for
public recreational use and enjoyment and
for scientific, ai.d educational purposes by
present and future generations of the
American people.
No area shall be designated as a wild area
except as provided for in this Act or a sub-
sequent Act.
DETINITION
Sec. 102. (a) The term "wild area" as used
in this Act is an area primarily primitive
and natural in character although man and
his works may have been present or are
present, and wlierein the marks of man's
activities are subject to restoration to the
appearance of a predominantly primitive and
natural condition; is large enough so that
the primitive and natural values can be
preserved: and the area provides outstanding
opportunities for public use and enjoyment
in a primitive setting.
establishment OF AREAS
Sec. 103. (a) The following areas, as gen-
erally depicted on maps appropriately re-
ferred and available for public inspection in
the office of the Chief. Forest Service. USDA,
are hereby designated as components of the
National Forest Wild Areas System:
Area, State and Tiational forest
1. James River Face. Virginia. Jefferson.
2. Gee Creek. Tennessee, Cherokee.
3. Ramsey's Draft, Virginia, George Wash-
ington.
4. Beaver Creek, Kentucky, Daniel Boone.
5. EUicott's Rock. South Carolina, Sumpter.
6. Lye Brook, Vermont, Green Mountain.
7. Bristol Cliffs, Vermont. Green Mountain.
8. Rainbow Lake. Wisconsin. Chequarriegon.
9. Presidential Range, New Hampshire,
White Mountain.
10. Rock Pile Mountain, Missouri. Clark.
1 1 . Big Island Lake. Michigan. Hiawatha.
12. Hercules. Missouri, Mark Twain.
(b) The Secretary shall within one year
from the date of this Act establish detailed
boundaries and plans for each component
designated In subsection (a) of this section;
said boundaries and plans shall be published
in the Federal Register and shall not become
effective until ninety days after they have
been forwarded to the President of the Sen-
ate and Speaker of the House of Representa-
tives.
(c) The following areas are selected as
study areas for potential addition to the
National Forest Wild Areas System:
"STLTBY " WILD AREAS
Area, State, and national forest
1. Alexander Springs, Florida. Ocala.
2. Kisatchie Hills, Louisiana. Klsatchie.
3. Saline Bayou. Lotiisiana. Kisatchie.
4. Big Slough. Texas. Davy Crockett.
5. Chambers Ferry, Texas, Sabine.
6. Belle Starr Cave. Arkansas. Ouachita.
7. Dry Creek, Arkansas. Ouachita.
8. Mountain Lake. Virginia, Jefferson.
9. Mill Creek, Virginia, Jefferson.
January h 1973
CONGRESSIONAL RECORD — SENATE
191
10. Peters Mountain, Virginia. Jefferson.
11. Big Frog, Tennessee, Cherokee.
\2. Yellow Cliff, Kentucky, Daniel Boone.
13. Pocosin. North Carolina. Croatan.
14. Craggy Mountain, North Carolina, Pis-
gab.
15. Wambau, South Carolina. Francis
Marlon.
16. Sturgeon River. Michigan, Ottawa.
17. Rock River Canyon. Michigan, Hia-
watha.
18. Bell Mountain, Missotirl, Clark.
19. Whisker Lake, Wisconsin. Nicolet.
20. Round Lake. Wisconsin. Chequamegon.
21. Flynn Lake. Wisconsin. Chequamegon.
22. LaRue-Plne Hills. Illinois. Shawnee.
23. Lusk Creek. Illinois. Shawnee.
24. Hickory Creek. Pennsylvania. Allegheny.
25. Tracy Ridge, Pennsylvania, Allegheny.
26. Clear Fork. Ohio. Wayne.
27. Kilkenny. New Hampshire, White
Mountain.
(d) The Secretary shall within five years
from the date of this Act. send to the Presi-
dent his recomiMndatlons concerning the
study areas selected in subsection (c) of this
section. The President shall advise the United
States Senate and House of Representatives
of his recommendations with respect to the
designation as a "wild area" of each area sub-
mitted. Each recommendation of the Presi-
dent for designation of an area as a "wild
area" shall become effective only If so pro-
vided by an Act of Congress.
(e) To the extent practicable, those study
wild areas selected in subsection (c) of this
section shall be managed In accordance with
section 104 of this Act until the President
has either recommended their incorporation
Into the National Forest Wild Areas System,
or has recommended against their Inclusion
in his annual message to Congress, in accord-
ance with section 110 of this Act.
(f) The Chief of the Forest Service shall
review within five years from the date of this
Act, in a systematic fashion and with full op-
portunity for public Involvement, and as an
integral part of national forest land use plan-
ning under the Multiple-Use-Sustained Yield
Act of 1951^, the opportunities for designation
of wild areas in each of the eastern national
forests, and shall select as new study areas
those lands he believes contain the potential
to be added to the National Forest Wild Areas
System as new designated wild areas, or as
additions to existing designated wild areas or
already selected study wUd areas.
(g) The Secretary shall, within two years
of any selection made In accordance with sub-
section (f ) of this section, send to the Presi-
dent his recommendations concerning such
selected areas. The President shall advise the
United States Senate and the House of Repre-
sentatives of his recommendations with re-
spect to the designation as a "wild area" of
each area submitted. Each recommendation
of the President for designation of an area
as a "wild area" shall become effective only
if so provided t>y an Act of Congress.
(h) To the extent practicable, these areas
selected In subsection (f ) of this section shall
be managed in accordance with section 104
of this Act until the President has either rec-
ommended their Incorporation into the Na-
tional Forest Wild Areas System, or has rec-
ommended against their incorporation in his
annual message to Congress, in accordance
with section 110 of this Act.
(1) Prior to the submission of recommen-
dations in any area provided for in sub-
sections (c) and (f) of this section the Sec-
retary shall make a specific determination
that the area recommended for "wild area"
classification does not meet the criteria for
wilderness as set forth in section 2(c) of the
Wilderness Act. Such determination shall be
contained Ln the report accompanying each
proposal provided for in subsection (J) of this
section.
(J) The Secretary's recommendations for
each study area as provided In subsections
(d) and (g) of this section shall be accom-
panied by a report Including maps and illus-
trations showing among other things the
boundaries of the study area; the characteris-
tics which make or do not make the area
worthy for classification as wild area, in-
cluding scenic, natural and wild attraction of
the area, restorability of the area to near
natural conditions, current and expected pat-
terns of landownership. and surface and sub-
surface rights not held or controlled by the
public; foreseeable potential uses of the land
and water which would be enhanced, fore-
closed, or curtailed if the area were included
In the wild area system; the environmental,
economic and social consequences of designa-
tion as a wild area; the interrelationship of
the classification of a wild area w) the total
management of the particular National For-
est under the applicable multiple use man-
agement plans.
(k)(l) Prior to submitting any recom-
mendations to the President with respect to
the suitability of any area for designation
as a wild area the Secretary shall:
(A) give such public notice of the proposed
action as he deems appropriate, including
publication In the Federal Register and In a
newspaper having general circulation In the
area or areas in the vicinity of the affected
land;
(B) hold a public hearing or hearings at a
location or locations convenient to the area
affected and in the nearest large metropolitan
area. The hearings shall be announced
through such means as the Secretary deems
appropriate, including notices In the Fed-
eral Register and in newspapers of general
circulation in the area: Provided, That if the
lands involved are located in more than one
State, at least one hearing shall be held In
each State in which a portion of the land
lies;
(C) at least thirty days before the date of
a hearing advise the Governor of each State,
the governing board of each county, parish,
town, and municipality in which the lands
are located, the governing board of each
appropriate substate multijurisdictlonal gen-
eral purpose planning and development
agency that has been ofBcially designated as
a clearinghouse agency under Office of Man-
agement and Budget Circular A-95. and the
governing board of each appropriate estab-
lished environmental protection district, and
Federal departments and agencies concerned.
and invite such officials and Federal agen-
cies to submit their views on the proposed
action at the hearing or by no later than
thirty days following the date of the hearing.
(2) Any views submitted to the Secretary
under the provisions of ( 1 ) of this subsec-
tion with respect to any area shall be In-
cluded with any recommendations to the
President and to Congress with respect to
such area.
(1) Any modification or adjustment of
boundaries of any wild area shall be recom-
mended by the Secretary after public notice
of such proposal and public hearing or hear-
ings as provided in subsection (k) of this
section. The proposed modification or ad-
justment shall then be recommended with
map and description thereof to the Presi-
dent. The President shall advise the U.S.
Senate and the House of Representatives of
his recommendations with respect to such
modification or adjtistment and such recom-
mendations shall become effective only If
so provided by an act of Congress.
administration
Sec. 104(a). The Secretary shall adminis-
ter units of the wild area system in accord
with the following provisions ;
(1) Primitive, natural, and wild conditions
will be restored, maintained, and protected
to provide for public use and enjoyment for
recreation, scientific, and educational pur-
poses In a natural setting free from the activ-
ities and highly developed works of man.
wherein natural attractions prevail in an
atmosphere of spacious solitude.
(2) Public use shall be permitted consist-
ent with the ability of the area to support
such use and retain Its primitive, natural
and wild characteristics.
(3) Subject to existing private rights there
shall be no permanent road within any wild
area designated by this Act and, except as
necessary to meet the minimum require-
ments for the administration of the area for
the purpose of this Act (including measures
required in emergencies involving the health
and safety of persons within the area) , there
shall be no temporary road, no use of motor
vehicles, motorized equipment or motorboats,
no landing of aircraft, no other form of me-
chanical transport, and no structure or In-
stallation within any such hrea.
(4) Within wild areas designated by this
Act such measures may be taken as may be
necessary in the control of fire. Insects, and
diseases, subject to such conditions as the
Secretary deems desirable.
(5) No timber stand modification shall be
permitted except as provided, for In subsec-
tion (4).
(6) No grazing of domestic livestock shall
be allowed except riding stock where per-
mitted.
(7) No commercial services shall be al-
lowed except those necessary, to achieve the
purposes of the Act.
(b) The Secretary shall prepare a manage-
ment plan for each unit of the wild area
system in accordance with the Act. utilizing
a multidiscipllnary approach and providing
for appropriate public involvement.
ACQUISmON
Sec. 105. (a) Within areas of the wild area
system, the Secretary may acquire by pur-
chase with donated or appropriated funds.
by gift, exchange, condemnation, or other-
wise, such lands, waters, or Interests therein
as he determines necessary or desirable for
the purpose of this Act. All lands acqiUred
under provisions of this section shall become
national forest lands.
(b) In exercising the exchange authority
granted by subsection (a) of this section,
the Secretary may accept title to non -Federal
property for federally owned property located
In the same State, of substantially equal
value, or if not of substantially eqv.al
value, the value shall be equalized' by the
payment of money to the grantor or to the
Secretary as the circumstances require.
(c) The head of any Federal department
or agency having Jurisdiction over any lands
or interests in lands within the boundaries
of any wild area i<; authorized to transfer to
the Secretary Jurisdiction over such lands
for administration in accordance with provi-
sions of this Act.
MINERALS
Sec. 106. Subject to exlstifig valid claims,
federally owned lands within units of the wild
area system are hereby withdrawn from all
forms of appropriation under the mining
laws and from disposition under all laws per-
taining to mineral leasing or disposition of
mineral materials.
Sec. 107. The Secretary shall permit hunt-
ing, fishing, and trapping on the lands and
waters under his Jurisdiction within wild
areas in accordance with applicable Federal
and State laws; except that the Secretary
may Issue regulations designating zones
where and establishing periods when no
himtlng, fishing, or trapping shall be per-
mitted for reasons of public safety, admin-
istration, or public use and enjoyment Ex-
cept In emergencies, any regulations pur-
suant to this section shall be Issued only
after consultation with the wildlife agency of
the State or States aflfected.
Sec. 108. The Secretary shall cooperate with
the States and political subdivisions thereof
In the administration of wild areas and In
the administration and protection of lands
within or adjacent to the wild area owned
controlled by the State or political sub-
islon thereof. Nothing In this Act shall
deprive any State or any political subdlvl-
thereof of Its right to exercise civil and
iTiinal Jurisdiction within the wild area, or
Its right to tax persons, corporations,
franchises, or other non-Federal property, in-
ch ding mineral or other interests. In or on
or waters within the wild area.
lEC. 109. Citizens Advisory Committee,
a) The Secretary shall establish National
Potest Wild Areas Citizens Advisory Com-
tee to advise, consult with, and make
recjommendations to the Secretary on mat-
3 of policy concerning the National For-
Wlld Areas System. Such Committee shall
composed of nine persons who are not
ular employees of the Federal Govern-
or
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CONGRESSIONAL RECORD — SENATE
January 4,
1973
b) Members of the Committee shall serve
three years, except that one-third of the
;ia! appointees shall serve for three years,
-third for two years, and one-third for
year. The Committee shall appoint a
irman and such other ofRcers as it wishes.
c) The Committee shall meet not less
n than two times every year.
d » Members of the Committee while serv-
cn the business of the Committee, in-
ijding travel tifne. may receive compensa-
n at rates not exceeding $100 per diem:
1 while serving away from their hemes or
ular places of business may be allowed
el expenses, including per diem In lieu
ubsistence.
EC. 1 10. Annual report.
t the opening of each session of Congress.
Secretary shall report to the President
transmission to Congress on the status of
National Forest Wild Areas System, in-
ing:
1 ) descriptions of those selected study
d areas that are recommended for designa-
as components of the System, in ac-
dance with the procedures specified in
rtion 103( j) of this Act:
2 1 descriptions of those portions of se-
ted study wild areas that are recommended
; be included within the System, togef^er
h the reasons for said recommendation
.3) the recommendations, if any. made by
' National Forest Wild Areas Citizen's Ad-
3ry Committee during the preceding year:
4) a l^t and description of the Areas in
: Systern, regulations in effect, and such
ler pertinent information and recommen-
ions as he cares to make.
EC. 111. The Secretary Is authorized to
i ke such rules and regulations as he deems
essary to carry out the purposes of this
TITLE U
.ABLISHMENT OF THE SIPSEY WILD AREA
.'.TTHIN THE BANKHEAD NATIONAL FOREST,
STATE OF ALABAMA. AND FOR OTHER PURPOSES
;ec. 201. Congress hereby finds that the
Si )3ey Area of the Bankhead National Forest,
as described herein, is an area of national
fo; est land which, although once subject
to the works and activities of man. has been
r?itored or is In the process of restoration
a predominantly primitive and natural
idltion, appears predominantly primitive
usidisturbed in character, and Is chiefly
uable for the purpose of providing; present
future generations primitive recreation
pportunitles in a spacious, scenic, natural,
wild setting, removed from activities and
i^hly developed works of man. In order to
vide permanent protection and enhance-
nt of the resource values which contribute
public enjoyment of said area, and to pro-
e an equal or greater degree of protection
n could be afforded if the area were quali-
and part of the national wilderness pres-
ertatlon system, there Is hereby established
th ; Sipsey Wild Area within the Bankhead
Ne tlonal Forest. State of Alabama. The Sipsey
W Id Area shall consist of approximately
twelve thousand acres as shown on a map
ei-|titled "Proposed Sipsey Wild Area" dated
vi
a
hi
el
September 1972, which is on file and avail-
able for public Inspection In the Office of the
Chief .Forest Service, Department of Agricul-
ture and to which Is attached and hereby
made a part thereof a description of the ex-
terior boundaries. The Secretary may by pub-
lication of a revised map or description in the
Federal Register correct clerical or typograph-
ical errors in said map or description.
Sec. 202. The administration, protection,
and management of the Sipsey Wild Area
shall be by the Secretary of Agriculture as a
part of the national forest system and the
Bankhead National Forest and shall be In
accord with the provisions of title I of this
Act, except that the management plan for
the Sipsey Wild Area shall provide that there
shall be no commercial enterprise and no
permanent road within such area and, except
as necessary to meet minimum requirements
for the administration of the area for the
purpose of this Act (Including measures re-
quired in emergencies Involving the health
and safety of persons within the area), and
that there shall be no temporary road, no use
of motor vehicles, motorized equipment or
motorboats, no landing of aircraft, no other
form of mechanical transport, and no struc-
ture or Installation within any such area.
Section-by-Section Analysis
TITLE I
Section 101(a) expresses Congressional
findings that the eastern United States con-
tains the majority of the nation's population
but only a small portion of the publicly
owned land; the national forest system rep-
resents the major federally owned land In
this area; there is a growing need for recrea-
tional opportunities within the national for-
est system within the framework of the ptir-
poses and objectives of the laws under which
the nation's forests were acquired and are
admlnlst«red. among which is the opportu-
nity for present and future generations to
enjoy primitive recreation in a spacious, nat-
ural and wild setting: there exist within the
eastern national forests areas which have
been restored or are in the process of restora-
tion to a near natural condition and which
appear predominantly primitive a<d undis-
turbed in character: and statutory designa-
tion of wild areas within the national forest
system will be consistent with the Multlple-
Use-Sustalned Yield Act of 1960 and the
Wilderness Act of 1964.
Section 101(b) creates a system of wild
areas designated by Congress within national
forests east of the 100th Meridian to be ad-
ministered by the Secretary of Agriculture
as a part of the national forest system.
The areas designated as wild areas would
be administered to restore, maintain, and
protect the natural, primitive, and wild char-
acter of the areas for public recreational use
and enjoyment and for scientific and educa-
tional purposes by present and future gen-
erations of the American people.
Section 102 defines "wild area" as an area
of outstanding beauty, primarily primitive
^and natural In character, wherein any past
works of man are subject to restoration, large
enough so that primitive values can be pre-
served, and providing outstanding opportu-
nities for public use and enjoyment In a
primitive setting.
This section in effect recognizes and affirms
the distinction that wild areas can be subject
to restoration to a primitive and natural
condition, while wilderness areas which are
part of the National Wilderness Preservation
System must be basically unspoiled by man.
Section 103(a) specifically designates
twelve areas as components of the National
Forest Wild Areas System. These areas are
generally depicted on maps appropriately re-
ferred and available for public Inspection In
the office of the Chief. Forest Service, United
States Department of Agriculture.
Section 103(b) provides that within one
year from the date of this Act the Secretary
shall establish detailed boundaries and plans
for each wild area designated in subsection
(a). These boundaries and plans must be
published in the Federal Register and win
not become effective until ninety days after
being forwarded to the Senate and the Hotise
of Representatives.
Section 103(c) designates certain study
areas for potential addition to the National
Forest Wild Areas System.
Section 103(d) requires the Secretary to
send to the President his recommendations
concerning the study areas select-ed in sub-
section (c) within five years from the date
of this Act. The President then advises the
Senate and House of Representatives which
may designate an area as a wild area.
Section 103(e) provides that, to the extent
practicable, the study wild areas selected in
subsection (c) shall be managed in accord-
ance with Section 104 until the President
either recommends their incorporation into
the National Forest Wild Areas System or
recommends against their inclusion.
Section 103(fi provides for review within
five years from the date of this Act by the
Chief of the Forest Service with opportunity
for public Involvement of the opportunities
for designation of wild areas in each of the
eastern national forests and selection as new
study areas those lands which contain the
potential to be added to the National Forest
Wild Areas System as new^ designated wild
areas or as additions to existing designated
wild areas or already selected study wild
areas.
Section 103(g) provides that within two
years of any selection made in accordance
with subsection if) the Secretary shall send
his recommendations concerning such
selected areas to the President. The President
then advises the Senate and House of Rep-
resentatives of his recommendations, and
designation of an area as a wild area may
be effective only If so provided by an act of
Congress.
Section 103(h) provides that, to the extent
practicable, the areas selected In subsection
(f) shall be managed in accordance with
Section 104 until the President either rec-
ommends their incorporation into the Na-
tional Forest Wild Areas System or recom-
mends against their inclusion.
Section 103 (i) requires the Secretary, prior
to the submission of recommendations under
subsections (c) and (f). to make a specific
determination that the area recommended
for "wild area" classification does not meet
the criteria for wilderness as set forth in
Section 2(c) of the Wilderness Act.
Section 103(J) requires the Secretary to
accompany his. recommendations for each
study area as provided In subsections (d) and
(g) with a report setting forth specific
information regarding, among other things.
the characteristics of the area which make or
do not make it worthy for classification as a
wild area: the patterns of landownership and
surface and subsurface rights: the environ-
mental, economic and social consequences of
designation as a wild area; and the inter-
relationship of the area to the total man-
agement of the particular national forest.
Section 103(k) requires the Secretary, prior
to submitting any recommendation to the
President rettardlng the designation of an
area as a wild area, to provide an opportunity
for public involvement in the review process
by giving public notice of the proposed
action in the Federal Register and a news-
paper having general circulation in the area
of the affected land and by holding a public
hearing at a location convenient to the area
affected.
At least thirty days prior to a hearing the
Secretary must advise the Governor of each
state and officials of local governmental units
In which the lands are located, and inter-
ested federal agencies, multljurlsdlctional
planning and development agencies and en-
January 4, 1973 \ CONGRESSIONAL RECORD — SENATE
193
vlronmental protection districts, and Invite
such officials and agencies to submit their
views on the proposed action.
Any views submitted pursuant to this sub-
section shall be Included In any recommenda-
tion to the President and Congress with re-
spect to such area.
Section 103(1) provides that the Secretary
may recommend modification or adjustment
of ix)imdarles of any wild area after public
notice of such proposal and public hearings as
provided in subsection (k) . The recommenda-
tions, together with a map and description of
the modification or adjustment must be
transmitted to the President who shall advise
the Senate and House of Representatives of
his recommendations, and the modification or
adjustment shall become effective only If so
provided by an act of Congress.
Section 104 prescribes how wild areas will
be administered. It authorizes public use
consistent with the ability of the area to sup-
port such use, prohibits commercial enter-
prise, permanent roads, timber harvesting,
limits temporary roads, motors, and struc-
tures or Installation to those necessary to
meet minimum requirements for the admin-
istration of the area (Including measures
required in emergencies involving the health
and safety of persons within the area), and
permits necessary measures for the control
of fire, insects, and diseases.
This section leaves no doubt that the man-
agement objective will be preservation of
primitive and natural values rather than de-
velopment. The management prescribed par-
allels that of the Wilderness Act and Is
stronger for protection in some cases.
Section 105 authorizes Federal acquisition
of private in-holdings by donation, purchase,
gift, exchange, transfer, or condemnation.
This section allows condemnation of pri-
vate land in some cases In wild areas. This
is extremely important to protect the wild
areas system from destructive developments
on interior private lands. The Eastern Na-
tional Forests average about 50 percent pri-
vate land and ownership of minerals under
Federal land is about 50 percent private. The
Wilderness Act allows condemnation only If
specifically authorized by the Congress.
Section 106 withdraws, subject to existing
valid claims, all federally owned lands from
all forms of appropriation and disposition
under the mining and mineral leasing laws.
Section 107 permits hunting, fishing, and
trapping in accordance with Federal and
State laws. \
This section continues the practices now
in effect on National Forest System lands.
The Secretary of Agriculture may designate
zones and establish periods when no hunting,
fishing, or trapping shall be permitted for
reasons of public safety, administration, or
public use and enjoyment. **
Section 108 affirms the state and political
subdivision right to civil and criminal Juris-
diction and its right to tax within the wild
areas.
This continues standard relations In re-
gard to National Forest System lands.
Section 109 directs the Secretary of Agri-
culture to establish a National Forest Wild
Areas Citizen's Advisory Committee to ad-
vise, consult with, and make recommenda-
tions to the Secretary on matters of policy
concerning tlie wild areas system. The Com-
mittee shall be composed of nine persons who
are not employees of the Federal Govern-
ment. Each member shall serve for three
years and the Committee will meet not less
than two tlm»es a year.
Section 110 directs the Secretary to report
annually to Congress portions of study areas
'■hlch are recommended or not recommended
for Inclusion in the System. Any recommen-
dations made by the Citizen's Advisory Com-
mittee must also be Included in this report.
Section ill authorizes the Secretary of
Agriculture to make such rules and regula-
tions as necessary to carry out the Act.
CXIX 13— Part 1
TITLE U
Section 201 establishes the Sipsey Wild
Area of approximately 12,000 acres within the
Bankhead National Forest In Alabama. This
section assures permanent protection and en-
hancement of the resource values which con-
tribute to the public enjoyment of said area.
It also provides an equal or greater degree of
protection than could be afforded If the area
,were qualified as part of the National Wil-
derness Preservation System.
Section 202 provides that the administra-
tion, protection, and management of the Sip-
sey Wild Area shall be by the Secretary of
Agriculture and shall be in accord with the
provisions of Title I of this Act, except that
the management plan for the Sipsey Wild
Area shall provide that there shall be no com-
mercial enterprises and no permanent road
within such area and. except as necessary to
meet minimum requirements for the admin-
istration of the area for the purpose of this
Act (including measures required in emer-
gencies involving the health and safety of
persons within the area) and that there
shall be no temporary road, no use of motor
vehicles, motorized equipment or motorboats.
no landing of aircraft, no other form of me-
chanical transport, and no structure or in-
stallation within any such area.
By Mr. HARRY F. BYRD, JR:
S, 23, A bill to limit the amount of
personal funds an individual may con-
tribute to candidates for Federal office
in connection with the campaigns of
those candidates. Referred to the Com-
mittee on Rules and Administration.
Mr. HARRY F. BYRD, JR. Mr. Presi-
dent, I send to the desk a bill and I ask
that it be printed and appropriately re-
ferred.
Mr. President, this legislation would
limit the total contribution that can be
made by any indindual in a campaign
for Federal office. The ceiling I am pro-
posing is $25,000. This legislation is vir-
tually identical to legislation introduced
in the last session of Congress by thfe
distinguished former Senator from Ken-
tucky (Mr. Cooper I and me.
Mr. President, it is important that we
impose a ceiling on the sums that indi-
vidual citizens can put into campaigns.
This applies to the campaigns conducted
by candidates of both political parties.
It is not a partisan issue. Campaign
spending has gone beyond all reasonable
bounds. . One way to limit campaign
spending is to limit the amount indi-
viduals may contribute to a particular
candidate.
In some instances wealthy individuals
have contributed hundi-eds of thousands
of dollars to political campaigns by di-
viding their donations among a multi-
plicity of committees. One man in Texas
was reported to have contributed $300,-
000 to the primary campaign of an aspi-
rant for the Democratic presidential
nomination. Later, he gave $275,000 to
the campaign of the Republican candi-
date for President.
I point to this case to emphasize that
this is not a party issue.
Other enormous contributions have
been reported in connection with the
presidential campaign of 1972. Counting
the gifts of the gentleman from Texas
to whom I just referred, a total of five
persons made contributions aggregating
more than $3 million.
Contributions of $1 million, $800,000,
and $300,000 were reported to have been
made to the campaign of President Nixon,
andi one individual reportedly contrib-
uted $375,000 in support of Senator
MCGOVERN.
I think it is bad for the country when
such huge sums are plowed into political
campaigns. Enormous sums, spent by in-
dividuals in campaigns, in my view^ con-
stitute a threat to the democratic process.
Let us tighten up our laws dealing with
campaign contributions, so that big con-
centrations of wealth do not become big
concentrations of political power.
I think there is a real danger that
wealth may become too great a factor
in determining the success or failure of
political candidates.
I support the position of the distin-
guished majority leader. Senator Mans-
field, as set forth in his statement to
the Democratic Conference orr Wednes-
day. •*
Senator Mansfield said:
In my Judgment, both Congressional and
Presidential campaigns are too repetitive, too
dull and too hard on candidates and elec-
torate. Most serious, the factor of finance
begins to overshadow all other considerations
in determining who runs for public office and
who does not. In determining who gets ade-
quate exposure and who does not. It is not
healthy for free government when vast
wealth becomes the principal arbiter of ques-
tions of this kind. It Is not healthy for the
nation, for politics to become a sporting
game of the rich.
A reasonable restriction on individual
political contributions, such a^ I have
proposed today, will represent a major
step toward restricting the power of
wealth in politics.
During the last days of the 92d Con-
gress, former Senator John Sherman
Cooper of Kentucky and I cosponsored
an amendment to a campaign contribu-
tions bill which would have had the effect
of limiting individual donations to cam-
paigns. This legislation was not acted
upon by the Senate, but with the con-
vening of this new Congress we have a *
fresh opportunity to impose a reason-
able ceiling on big campaign contribu-
tions.
I hope we will take that opportunity. I
think establishment of a reasonable limit
on Individual political campaign con-
tributions will help strengthen the con-
fidence of the public in our electoral
process and our democratic institutions.
By Mr. BIBLE:
S. 24. A bill granting the consent and
approval of Congress to the California-
Nevada Interstate Compact. Referred to
the Committee on the Judiciary.
CALIFORNIA-NEVADA INTERSTATE COMPACT
Mr. BIBLE. Mr. President, I introduce
for appropriate reference a bill to grant
the consent and approval of Congress to
the California-Nevada Interstate Com-
pact.
I introduced this measure in the 92d
Congress at the request of the Nevada
members of the California-Nevada In-
terstate Compact Commission. The bill
was not acted on in the last Congress,
and pursuant to that request I am rein-
troducing the legislation in the hope that
it can be reached for consideration at an
early date.
194
I
CONGRESSIONAL RECORD — SENATE
January 4, 1973
By Mr. MOSS:
S. 25. A bill to provide for the estab-
lishment of the Great Salt Lake Na-
tional Monument, in the State of Utah,
and for other purposes. Referred to the
Committee on Interior and Insular
Affairs.
GREAT SALT LAKE NATIONAL MONUMENT
Mr. MOSS. Mr. President. I am today
introducing a bill which would establish
a Great Salt Lake National Monument
on Antelope Island in Utah's unique
inland sea.
The national monument would occupy
all of the island with the exception of
the 2,000 acres at the northern end of
which the State of Utah has been devel-
oping as a State park.
When I first came to Congress in
1959, I set as one of my goals the proper
utilization of the Great Salt Lake —
preservation of its scenic, scientific, and
historic values with accessibility for visi-
tors along with continued commercial
development of the brines and minerals
of the lake. Beginning with the 86th
Congress, and in each succeeding Con-
gress, I introduced either national park
or national monument bills, on which
ext^ive hearings have been held in
botlr Utah and Washington. In the 90th
Coniress. my Great Salt Lake Monu-
meh^bill passed the Senate, but died in
the --iouse.
A^g the way. Congress has legislated
on th»relicted land problem on the shore,
to resolve the commercial development
objective. It has yet to legislate on the
scenic and recreation usage of the lake.
But, the hearings held on my bills
reawakened interest in Utah and in de-
velopment of Great Salt Lake. Residents
of the State recognized that the remark-
able Sbientific. historic, and recreational
potential of the lake was not being real-
izecjTj knd asked that something be done
to rt*ke these values available to Utah-
ans)^nd to visitors who come from far
and ear to \iew and marvel at the Great
Salt' >ake.
In 1963. the Utah State Legislature
estal)lshed a Great Salt Lake Authority
to recommend usage of the lake and its
shores and islands. Later, in the absence
of Federal development, the State Park
and Rec-eation Department secured a
lesse of the northern 2,000 acres of the
island and started to develop a State
park. Some progress has been made al-
though the State park is still somewhat
primitive. A boat ramp has been installed
and a marina completed. Six miles of
scenic drive have been constructed. Wells
have been dug which indicate potable
water is available, although the State
hauls fresh water from the mainland.
Two rangers live on the island with their
families and interpret the area for the
visitors. The park is open year round, and
last year was visited by some 200,000
people.
A 7-mile causeway has been built
to a graveled road standard from the
eastern shore of the Great Salt Lake. It
has not yet been improved to final design
standard, and spring rains cause annual
washouts.
The Utah Park and Recreation Etepart-
ment will ask the Utah State Legislature,
v.'hich is now meeting in biennial session
for a $20 million revolving fund for State
park development, some $5^2 million of
which will be designated for the develop-
ment of the State park on Antelope
Island. It has always been the objective
of the State that any development of
road and recreation facilities wliich is
undertaken on the north end of the is-
land be fully compatible, and of equal
standard, with the development which
the Federal Government would under-
take in establishing the national monu-
ment. Thus the island would be devel-
oped as a unified whole, and its full po-
tential reached at long last.
I hope that as soon as the Utah State
Legislature completes its work, and we
know what the future plans are fur the
north end of the island, the Senate Parks
and Recreation Subcommittee v. i.i sched-
ule hearings on my bill to e-tablish the
Great Salt Lake National Monument, so
we can move ahead wwh t.ie task of pre-
serving, and makmg a.^cssible to ail of
our people, this most unusual island in
Utah's dead sea,
Antelope Island is truly worthy of na-
tional monument status. It offers a superb
platform from which to see and inter-
pret this unique and scenic lake and its
physical history.
The wave-carved terraces from dif-
ferent stages of ancient Lake Bonneville
are visible. In addition, there are magnif-
icent views of Great Salt Lake and the
other islands and promontories and
mountain ranges tfiat stand in and
around the basin. The restricted but
fascinating lake life, including reeflike
algae deposits, and the products of evap-
oration can readily be interpreted from
the island base.
It is also easy to visualize, from the
island, the effect of Great Salt Lake,
both as a barrier and as a magnet for fur
trappers, explorers, Mormon pioneers,
and the railroad builders, all major fea-
tures of the story of America's westward
expansion. Promontory Range can be
seen. This is the place on which the
golden spike was driven in 1869, linking
the east and west coasts by transconti-
nental railroad. Built on the island in
1849 stands the oldest house in Utah,
still used for its original purpose as a
ranchhouse. It nestles in a grassy grove
of trees around the island's largest
spring.
Let me quote to you the Department of
the Interior's conclusion as to scientific
significance:
Scientific significance Is the hallmark of
the National Monument caliber for any fea-
ture, site or area. On this basis, Antelope
Island merits National Monument status in
ts own right. The Island as a whole com-
prises a complete topographical unit and It
Is the record of the drama of earth history
which circumscribes the Island from Its pres-
ent shoreline to the crests and promontories
standing as much as 2,400 feet above the
surface of Great Salt Lake. These are factors
which contribute to the scientific signif-
icance of Antelope Island. It Is doubtful
whether any other location surpasses Ante-
lope Island as a scientific exhibit of the
""story of Great Salt Lake and Its ancestral
lakes and as a place for Its observation, study
and enjoyment by visitors.
The State now leases 2,000 acres from
the owner of the island which is nearly
all in single ownership. The establish-
ment of the monument would require
acquisition of the entir* island along
with relicted land left exposed by the re-
ceding waters and extending to a band
of water around the island.
Mr. President, the Advisory Board on
National Parks, Historic Sites, Buildings,
and Monuments recommended in 1963
that Antelope Island, or a portion of it, be
authorized for establishment in the na-
tional park system,
I introduce for appropriate reference,
a bill to provide for the establishment of
the Great Salt Lake National Monument
in the State of Utah, and for other
purposes.
January 4, 1973
CONGRESSIONAL RECORD — SEN ATE
195
By Mr. MOSS :
S. 26, A bill to provide for the estab-
lishment and administration of the
Canyon Country National Parkway in
the State of Utah, and for other pur-
poses. Referred to the Committee on
Interior and Insular Affairs.
CANYON COUNTRY NATIONAL PARKWAY
Mr. MOSS. Mr. President, I am again
introducing my bill to establish a Canyon
Country National Parkway through
southeastern Utah from Arizona ;o Colo-
rado. The bill was before the 89th, 90th.
91st, and 92d Congresses, but no action
was sought for several reasons.
The first and most important reason
was that the Canyon Country Park bill
was drafted as part of a recreational de-
velopment package — as a companion
piece to two other measures I had intro-
duced, the first to expand the boundaries
of Canyonlands National Park and the
other to establish by law the Glen Canyon
National Recreation Area. Since the pro-
posed parkway would skirt the bound-
aries of both the national park and the
national recreation area, it did not seem
practical to consider the parkway bill
until the other two were enacted.
Now, as my colleagues know, the Con-
gress has completed action on the first
two bills of the package, and the
boundary questions have been settled.
This clears the parkway bill for consider-
ation.
The second reason I have not pushed
the parkway bill in the past is that the
Four Comers Regional Commission,
which embraces all of the counties
through which the parkway would run,
has had imder preparation a develop-
ment plan which includes consideration
of both the recreation potential and the
communications problems — particularly
the road and highway needs — of the
area. I felt that the conclusions reached
in these studies, and the recommenda-
tions made, would be of inestimable
value in considering the parkway bill.
The development plan of the Four
Comers Regional Commission has now
been completed and published, and its
conclusions are available for background
information and consideration in the
hearings. So the second reason for hold-
ing up the parkway bill has been re-
moved, and the bill is now ready for
action.
The Four Corners studies strengthen
my conviction that a desert parkway of
the type envisioned in the bill is desir-
able. The parkway would cormect the
spectacular Glen Canyon Dam with the
Canyonlands National Park and the
Colorado National Monument. It would
traverse what is perhaps the world's most
scenic areas, much of which is now ac-
cessible only by packhorse.
Let me read to you a description of the
recreation resources of the region as out-
lined in the Pour Corners development
plan, since much of it is directly appli-
cable to the area in question:
The Region benefits from abundant natu-
ral beauty and a variety of scenic attractions.
Numerous mountain ranges, canyons, na-
tional forests, state and national parks and
monume'its, rivers, reservoirs and dams, nat-
ural lakes. Indian areas and other allure-
ments provide the Region with a unique set
of recreational resources. These, combined
with a generally favorable climate, result in
a high potential for further development of
recreation activities. • • • There is wide-
spread distribution of mountains, canyon-
lands, and national parks and monuments
m the Region and the four states. There are
state parks, water recreation areas, Indian
areas and other attractions. • • • There are
many bodies of water In the Region and sites
suitable for boating, water skiing, fishing
and swimming. • • •
Many of these recreational advantages are
partially ofl'set by some disadvantages. The
most Important disadvantages are: (1) re-
moteness from large national population
centers, (2) the distance between major at-
tractions In the Region, (3) inadequate de-
velopment of a highway system linking rec-
reational activity areas, (4) the limited
number and quality of accommodations and
related facilities and (5) lack of sufficient
recreational investment capital. Currently, a
number of potential tourists drive through
the Region vrtthout overnight stays, or with
the minimum of delay enroute to and from
more accessible or accommodating vacation
areas.
With the construction of roads and
highways, and the opening up of more
of the area to tourists, the number and
quality of accommodations would in-
crease, of course, as would the economic
well-being of the region. So the parkway
would be compatible with the Four Cor-
ners development plans and goals in
every way.
The parkway would run in a north-
easterly direction paralleling the north
shore of Lake Powell through the Glen
Canyon recreation area for about 100
miles, with connecting spurs out into the
recreation area to special points of in-
terest. It would skirt, or perhaps cut
across, the northwest corner of Canyon-
lands National Park and traverse the
recreation area west of the Maze. Along
the northern boundary of Canyonlands,
the road would swing eastward across
the Green River and dov.n to the Colo-
rado River near the town of Moab, Utah,
It would then proceed northep.stward
along the bank of the Colorado River to
the vicinity of "Dewey Bridge" where it
would cross the Dolores River. The route
would continue through Glade Park and
reach a terminus on route 1-70 at Grand
Junction. Colo. The entire parkway
would total about 400 miles.
There is no direct connecting link be-
tween the Lake Powell area and the Can-
yonlands area. Nor is there any way to
cross the interesting country north of
Canyonlands. and to see the scenery
along the Colorado River north and east
of Moab. A road which would allow tour-
ists to drive along Lake Powell to Can-
yonlands National Park would allow
them to enjoy both attractions in one
trip, and then, if they wished, to enjoy
the splendors of the upper reaches of the
Colorado and the Colorado Monument.
As a scenic drive, the Canyon Country
Parkway would be unparalleled any-
where.
Mr. President, enactment of my bill
would be a long step toward making
some of the most spectacular scenery in
the country more accessible to the peo-
ple of Utah and the countiy as a whole,
and I am hopeful that hearings can be
held at an early date on the measure to
establish and administer the Canyon
Country National Parkway.
By Mr. MOSS:
S. 27. A bill to establish a Department
of Natural Resources and Environment.
Referred to the Committee on Govern-
ment Operations.
DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENT
Mr. MOSS. Mr. President, the bill I
am introducing today to establish a De-
partment of Natural Resources and
Environment is not a newly drafted
measure, nor does it represent a new
concept.
The idea of reorganizing the Federal
structure which deals with our national
heritage of water, land, minerals, and
energy so that today's great tasks in the
field can be performed more efficiently
has been under consideration for some
time, 4»,
A task force of the first Hoover Com-
mission urged the creation of a Depart-
ment of Natural Resources in 1949, but
for years the proposal was considered too
explosive for action. It roused antago-
nism both in well-muscled bureaucratic
ranks and powerful resource industries.
I first introduced my bill in 1965 when
it became apparent to me that, despite
the opposition to the proposal, it had to
be enacted. The reorganization of the
Federal machinery operating oui- re-
source development was absolutely
crucial i^ we were to have the compre-
hensive and iimovative resource plan-
ning necessary for our survival on this
planet.
Hearings have been held on the pro-
posal twice since that time by the Senate
Committee on Government Operations.
My bill has been refined and adjusted as
new problems have surfaced and new
agencies have come into being, but a
measure has never been reported to the
Senate floor for reconsideration.
Today, v,-ith the Pre.'^ident moving to
accomplish as much resource reorganiza-
tion as possible by Executive fiat, It Is
even more important, even more timely
and necessary, that the Congress take a
look at the whole broad field of resource
management and conservation, taking
into consideration what the President is
doing, and what he cannot do because he
does not have the authority.
NEW FACES FOB OLD
It will require more than just a
shuffling of old agencies into new pat-
terns and a replacement of old faces
with new ones to establish the creative
and streamlined ordering of resource
activities which the Nation, must have.
Also a new dimension has been added
to the problem. The policymaking eche-
lons in some of the specialized resoua^ce
agencies are being swept out as if it
were a victor-claiming-the-spoils, in-
stead of the second term of a sitting
administration. This disruption is hav-
ing a devastating effect on the efficiency
and morale of professional staffs who
see able dedicated administrators, with
a lifetime of experience in a field, being
replaced by men of little background or
expertise. The human problems of bu-
reaucratic change are always enor-
mou.s — they are being magnified by the
ruthless manner in which the power of
Executive order is being employed. To
what extent such wholesale and sudden
firings will affect the direction and pol-
icy of ongoing programs remains to be
seen. But the effect could be vast.
The President sent to Congress last
session a bill which indicated how he
feels we should bring together the frag-
mented and uncoordinated activities now
found in the resource area. His measure
was based on the Ash Council report of
March 25, 1971. To the extent that the
President follows this blueprint in any
reorgamzation achieved by executive or-
der, I cah for the most part support him.
The administration legislative proposal
follows my bill generally, except in two
major areas which I will discuss later.
MAJOR COMPONENTS OF NEW DEPARTMENT
My bill would estabUsh a Department
of Natural Resources and Environment,
with a Secretary, a Deputy Secretarj- and
an Under Secretary of Natural Resources
and Environment for Water, an Under-
secretary of Natural Resources and En-
vironment for Lands, and an Undersecre-
tary of Natural Resources and Environ-
ment for Encrgj'.
Functions would be transferred to it
from the Department of the Interior,
the Department of Agriculture, the De-
partment of Commerce, the Department
of> Defense, the Department of Trans-
portation, the Atomic Energy Commis-
sion, and a number of independent
agencies.
Among land and recreation agencies
which would go into the new departme'nt
are the Bureau of Outdoor Recreation,
the Bureau of Sport Fisheries and Wild-
life, the National Park Service, the Bu-
reau of Land Management — all from In-
terior— and the Forest Service, the Nat-
ural Resource Economics Division of the
Economic Research Service, and the Soil
and Water Conservation Research Divi-
sion of the Agriculture Research Service
from the Department of Agriculture.
Among water development agencies
would come the following functions:
from the Department of the Interior —
the Bureau of Reclamation, the Office of
Saline Water, the Office of Water Re-
.sources Research, and the hydropower
marketing agencies: from the Depart-
ment of Agriculture — the Soil Conserva-
tion Service. From the Department of
the Army's Corps of Engineers would
come the planning, project evaluation,
policy formulation and budgeting re-
sponsibilities relating to the civil func-
tions of the Corps. The functions of the
196
CONGRESSIONAL RECORD — SENATE
January ^, 1973
Water Resource Council would also be
transferrea to the new department.
In the energy and mineral resources
fields the following functions would come
from the Department of the Interior —
the Bureau of Mines, the Office of
Minerals and Solid Fuels, the Office of
Oil and Gas. the Oil Import Administra-
tion, the Office of Coal Research, the De-
fense Electric Power Administration and
the Underground Electric Power Trans-
mis.sion Research Project. From the
Atomic Energy Commission there would
be Raw Materials Management. Uranium
Enrichment and planning and budgeting
for Civilian Nuclear Power Development
and parts of the Plowshare program.
The Office of Pipeline Safety would be
transferred from the Department of
Transportation.
The major scientific and technological
:omponents of the new department
ivould be effected by transferring the
functions of the Geological Survey of the
Department of the Interior and those of
:he National Oceanic and Atmospheric
Administration of the Department of
Commerce.
As I have indicated this propcsed re-
Drganization of resource functions agrees
.n the main with the Nixon plan as pro-
X)sed in S. 1431 in the 92d Congress.
BOTH RESOURCES AND ENVIRONMENT
The most significant difference be-
tween my proposal and the administra-
:ion proposal is indicated by the differ-
?nce in name — mine is called the De-
3artment of Natural Resources and En-
liroiiment and it would include the com-
aonents of the Environmental Protection
Agency — the Water Quality Office, Solid
Waste Office. Air Pollution Control Of-
fice, Pesticides Office, and Radiation Of-
fice. The administration proposal re-
tains the EPA as a separate agency.
In other words, the basic thrust of my
Dill is the placement — within the same
Department — of functions governing
protection of natui-al resources as well as
those governing developnjent or ex-
ploitation of natural resources.
The second major difference is that
my proposal places the Bureau of In-
dian Affairs and the Office of Territories
in the Department of Health, Education,
and Welfare; the administration pro-
posal places both in Natural Resources.
I realize that there will be differences
of opinion about where these functions
best belong, and I have an open mind —
I am willing to listen to the reasoning of
those who object to my allocations.
Some will particularly want to chal-
lenge the concept of placing the resource
development programs in the same
agency with the resource regulation pro-
grams— of placing, for example, the pro-
grams to develop our land and our water
and our energ>' sources in the same de-
partment with the programs directed to '
the prevention of damage through air
and water pollution, solid waste disposal,
radiation, or pesticides.
WHT THIS CONCEPT?
Let me give you an example of why I
decided to pursue this concept.
A number of coal-fired electric gen-
erating plants are in various stages of
development in the Four Comers area
of the Southwest. These are designed to
utilize the plentiful coal of the region
and water from the Colorado River sys-
tem.
Some plants may be built on Federal
lands, and power directed to population
centers. The transmission lines must
cross large stretches of public land.
Therefore, easements for land use and
contracts for water use would have to be
negotiated with the Department of Nat-
ural Resources as they now must be with
the Department of the Interior.
Numerous environmental problems are
arising and are discussed in the recently
released report of the Interior Depart-
ment. These include: Impact of plant
construction on sites; discharge of pol-
lutants into the air; disposal of coal
waste; effect of strip mining; location of
powerlines because frequently the least
expensive route renders a scenic area
unsightly; and the return of water to the
river system at a temperature higher
than that at which it came out.
Would it not be better if these ques-
tions could be considered and resolved
by the same department that grants
permission for use of public property?
My answer is "Yes."
Somehow, the technological and polit-
ical genius of the American people must
be harnessed to give us both develop-
ment and conservation. Otherwise,
American society as we have known it
must pass into oblivion.
I am concerned about the interaction
between protection and development be-
cause I recognize that both are essential.
In this matter, our Nation is cast on the
horns of a dilemma. Like a hero of Greek
tragedy, we find only two courses of ac-
tion open, either of which could be fatal.
If we put the brakes on production,
we face a sinking standard of living; if
we press full steam ahead on production,
we may — through pollution — destroy our
life-giving environment.
To accomplish this dual task of re-
source development and environmental
protection. I believe we need a Depart-
ment of Natural Resources and Environ-
ment exercising comprehensive author-
ity. It must have the responsibility and
the capability of keeping the environ-
ment clean while developing sufficient
resources to maintain an acceptable
standard of living. It must lead the Na-
tion into the new paths that must be
found and marked — paths that will per-
mit an advanced industrial society to
grow and yet to preserve wholesome liv-
ing conditions.
That most difficult accommodation
must be made in constructive reciproc-
ity; not by check and countercheck
which halts development or spews pollu-
tion. Stalemate is no solution to the
problem. Dynamic accommodation is
the answer.
OVERSIGHT AGENCIES
Moreover, though I propose only one
executive department for the natural re-
sources, I do not intend it to be the sole
monitor of environmental conditions. I
would retain the Council on Environ-
mental Quality, and I have long advo-
cated passage of legislation to create in
the Congress a Joint Committee on the
Environment. In brief, this would result
in the following arrangement:
First, the Department of Natural Re-
sources and Environment would exercise
the operating responsibilities of the Fed-
eral Government relating to natural re-
sources development and protection.
Second, the Council on Environmental
Quality would exercise present respon-
sibilities which include evaluating the
state of the environment as well as the
operation of the NRE Department. The
Council would also continue to prepare
annually the official Environmental
Quality Report of the President.
Third, the congressional joint com-
mittee would have the responsibility of
holding public hearings on the report
and of recommending to the legislative
committees of the Congress such action
as it deemed necessary.
In short, we would have a manager —
the Department: a watchdog— the
Council: and a legislative investiga-
tor— the joint committee.
Such an arrangement. I believe, would
constitute a rational solution to the
problem of organizing the Federal re-
source management effort to provide
most effectively both protection and
development.
SOME FUNCTIONS REMOVED
The second major difference between
the Moss proposal and that of the ad-
ministration, as I have pointed out, is
that I would place the Bureau of Indian
Affairs and the Office of Territories in
the Department of Health, Education,
and Welfare; the administration places
both in Natural Resources and
Environment.
For somfyears, the argument has been
advanced that the Indian people them-
selves prefer to work with Interior, and
would therefore choose to have their gov-
ernmental relationships center in a De-
partment of Natural Resources and En-
vironment, which is presumably more like
home than HEW or a new Department
of Human Resources. Recent develop-
ments in Washington certainly cast
doubt on this assumption.
A second argument for placing the In-
dian Bureau in DNRE is that Indian
lands are important resources, and I can-
not gainsay that.
But good arguments must give way to
better ones. The soil, water, wildlife, and
air of the Indiamlands, must, of course,
be conserved, as must all of our physi-
cal environment. And such conservation
will be a responsibility of the Department
of Natural Resources and Environment.
The administration's own hst of the
functions of the Bureau of Indian Affairs
and the Office of Territories shows a pre-
ponderance of nonresource items. This
list includes : economic development, edu-
cation, public health and safety,' job
training, job placement, and community
services and facilities. Surely these func-
tions are more akin to those delegated to
thte Department of Health. Education,
and Welfare than to any other Federal
department. It seems to me that any
blueprint for reorganization should logi-
cally place them there.
But this is a hard tyne for decision-
making in regard to^,-<<he future of the
American Indian. Cfur national policy
should, of course, be to encourage them
to assume a full citizens' role, and to give
Jammnj ^, 1973
CONGRESSIONAL RECORD — SENATE
197
them all possible assistance in doing so.
When the majority of the Nation's In-
dians decide what help they want from
the Federal Government, and in what
form and under what aegis, I, for one,
will be quick to listen.
So while the exact structure of a new
Department of Natural Resources and
Environment may be subject to discus-
sion, and some of the constituent ele-
ments of such a department may be
open to question, there can be no doubt
that such reorganization is long past
due. and must be undertaken at once.
The Congress should move concurrently
with the administration in this task. Now
is the time for hearings on this legisla-
tion. Now is th? time to air the problems
and the differences, and to harmonize
our efforts to establish a single Federal
department capable of effective resource
management.
Now is the time to designate a single
administrator to head one operation in
which all agencies would work coopera-
tively, rather than competitively, toward
the preservation of our natural Resources
and the protection of our environment.
We must delay no longer. The job we
must do is really impossible with our
present administrative machinery.
Mr. President. I introduce for appro-
priate reference a bill to establi:h a De-
partment of Natural Resources and En-
vironment, and ask that this bill be print-
ed in full at the close of my remarks.
There being no objection, th'^ till was
ordered to be print :d in the Rtcord, as
follows:
S. 27
Be it enacted by the Senate and Hovsc
of Representatives of the United States of
America in fongress assembled.
S'^OR^ TITl.F- FINDINGS
Section 1. (a) This Act may be cited as the
"Department of Natural Resources and En-
vironment Aft".
(b) The Congress hereby finds that —
(1) expanding population and a rising
standard of living combine to place unpre-
cedented demands on the natural resources
of the ITnlted States:
(2) the natural environment Is suffering a
progressive deterioration which affects the
air we breathe, the water we drink, the soil
which nourishes our food, the areas in which
we take our recreation, and the natural
beauty of our homeland;
(3) such deterioration demonstrates a
failure In the larger sense of our conserva-
tion efforts, even though many successful
conservation programs have been undertaken
during the past many years by Federal, State,
and local governments and by private
groups;
(4) safeguarding the environment — air,
water, and land — Is a necessity to maintain
conditions under which man and wildlife
may continue to exist, to provide the raw
materials essential to an expanding stand-
ard of living, and to maintain the beauty
and usefulness for all purposes of our land;
(5) the responsibility of the Federal Gov-
ernment Includes the exercise of leadership
In water resources development, land man-
agement, ocean, resource development, and
air pollution abatement, as well as the op-
eration of many programs and cooperation
with State and local government and pri-
vate groups in the carrying out of their re-
source management responsibilities; and
(6) the Federal agency structure which
deals with natural resources grew up during
a less demanding period of our history, and
must be coordinated and reorganized if to-
day's tasks are to be performed effectively.
DEPARTMENT OF NATURAL RESOURCES
Sec. 2. (a) There Is hereby established at
the seat of government, as an executive de-
partment of the United States Government,
the Department of Natural Resources and
Environment.
(bi The Secretary of Natural Resources
and Environment may approve a seal of office
for the Department, and judicial notice shall
be taken of such seal.
PERSONNEL OF THE DEPARTMENT
Sec. 3. (a) There shall be at the head of
the Department of Natural Resources and
Environment a Secretary of Natural Re-
sources and Environment (hereinafter re-
ferred to in this Act as the "Secretary") , who
shall be appointed by the President, by and
with the advice and consent of the Senate.
I b 1 There shall be In the Department of
Natural Resources and Environment a Dep-
uty Secretary of National Resources and En-
vironment, who shall be appointed by the
President, by and with the advice and con-
sent of the Senate. The Deputy Secretary of
Natural Resources and Environment (or.
during the absence or disability of the Dep-
uty Secretary, or in the event of a vacancy in
the oIRce of Deputy Secretary, an Under Sec-
retary or the General Counsel of the Depart-
ment, determined according to such order as
the Secretary shall prescribe) shall act for
and exercise the powers of the Secretary dur-
ing the absence or disability of the Secretary
or in the event of a vacancy in the office of
Secretary. The Deputy Secretary shall per-
form such functions as the Secretary shall
pre.-5cribe from time to time.
( c I There shall be in the Department of
National Resources and Environment an Un-
der Secretary of Natural Resources and En-
vironment for Water, an Under Secretary of
Natural Resources and Environment for
Lands, and an Under Secretary of Natural
Resources and Environment for Energy, who
shall be appointed by the President, by and
with the advice and consent of the Senate.
(d) There shall be in the Department of
Natural Resources and Environment a Gen-
eral Counsel, who shall be appointed by the
President, by and with the advice and con-
sent of the Senate. The General Counsel
shall perform such functions as the Sec-
retary shall prescribe from time to time.
(e) The Secretary is authorized to appoint
and fix the compensation of such officers and
employees, and prescribe their functions and
duties, as may be necessary to carry out the
purposes and functions of this Act.
(f ) The Secretary may obtain the services
of experts and consultants in accordance
with the provisions of section 3109 of title 5.
United States Code.
TRANSFER OF FUNCTIONS TO DEPARTMENT
Sec. 4. (a) Except to the extent otherwise
herein provided, there are hereby transferred
to and vested in the Secretary:
(1) All of the functions of the Secretary
of the Interior, the Department of the In-
terior, and all officers and components of that
Department.
(2) Such of the functions of the Secretary
of Commerce, the Department of Commerce,
and officers and component.^; of that Depart-
ment, as relate to or are utill^^ed by the Na-
tional Oceanic and Atmospheric Administra-
tion.
(3) (A) Such bf the functions of the Secre-
tary of Defense, the Secretary of the Army,
the Assistant Secretary of the Army for Civil
Works, and the--Chlef of Engineers and the
Corps of Engineers of the Department of the
Army, as relates to or are utilized for civil
works and civil regulatory functions: Pro-
vided, That all civil works construction, oper-
ation and maintenance, flood and coastal
emergencies, and related activities, which
shall be funded by the Secretary, shall be
accomplished through and under the direc-
tion of the Secretary of the Army and the
super\'lsion of the Chief of Engineers.
(B) All of the functions of the Board of
Engineers for Rivers and Harbors. Coastal
Engineering Research Center. Board on
Coastal Engineering Research, Mississippi
River Commission, and California Debris
Commission.
(4) Such of the functions of the Secretary
of Agriculture, the Department of Agricul-
ture, and officers and components of that De-
partment, as relate to or are utilized by
the Forest Service.
( 5 ) Such of the functions of the Secretary
of Agriculture, the Department of Agricul-
ture, and officers and components of that De-
partment, as relate to or are utilized by the
Soil Conservation Service.
(6) Such of the functions of the Secretary
of Agriculture, the Department of Agricul-
ture, and officers and components of that De-
partment, as relate to or are utilized by the
Natural Resource Economics Division of the
Economic Research Service.
(7) Such of the functions of the Secretary
of Agriculture, the Department o^ Agricul-
ture, and officers and components ef that De-
partment, as relate to or are utilized by the
Soli and Water Conservation division of the
Agricultural Research Service.
(8) Such of the functions of the Secretary
of Transportation, the Department of Trans-
portation, and officers and components of
that Department, as relate to or are utilized
for pipeline safety. .
(9) All of the functions of the Water Re-
sources Council.
(10) Such of the functions of the Atomic
Energy Commission, and officers ai.d com-
ponents of that Commission, as relate to or
are utilized for the following:
(A) the civilian power program: Provided,
That all research and development programs
and related activities, which shall be funded
by the Secretary, shall be accomplished
through and under the direction of the
Commission:
(B) the raw materials program:
(C) the uranium enrichment and related
distribution activities constituting part of
the Commission's production program: and
(D) the Plowshare program: Provided, N,
That all general research and development,
device development, explosive effect tests,
development of fielding systems, project ex-
ecution, and related activities, which shall
be funded by the Secretary, shall be accom-
plished through and under the direction of
the Commlssibn.
(11) Such functions transferred to the
AdmUilstrator of the Environmental Protec-
tion Agency by paragraphs (1). (2). and (3>
of section 2(a). and paragraphs (1) and (2)
of section 2(b) of Reort'anlzation Plan Num-
bered 3 of 1970.
(bid) All functions of the Bureau of In-
dian Affairs In the Department of t!;e In-
terior, and all functions of the Secretiry of
the Interior being administered through the
Bureau of Indla;i Affairs, are trarsferred to
the Secretary of Health. Education, and
Welfare.
(2) All functions of the Office of Terri-
tories In the Department of the Interior,
and all functions of the Secretary of the
I'.nerlor being administered !thro\'eh t;e Of-
fice of Territories, are traiislerrcd to the
Secretary of Health. Education, and Welfare
(c) With respect to the prorrams and
activities of the Atomi'- Energy Commission
herein trarsferred. the functions of the Sec-
retary shall be carried out imder the follow-,
ing provisions of the Atomic Ener^'y Act of
1954 (42 U.S.C. 2011 et seq.), and tHe Secre-
tary shall perform the functions of the Com-
mission set forth therein with respect to
such transferred programs and activities, ex- •
cept as otherwise specified below:
(1) Chapter 1, "Declaration, Findings, and
Purpose".
(2) Chapter 2, "Definitions", except that
the functions of the Commission set forth
In subsections J (extraordinary nuclear oc-
198
I
CONGRESSIONAL RECORD — SENATE
January 4, 1973
cirrence). v (production facility, z (source
material), aa (special nuclear material), and
e^ (Utilization facility) of section 11 shall
remain with the Commission.
(3) The following provisions of chapter 3.,
" Organization" : sections 26 (General Ad-
V sory Committee) , and 27 (consultation with
t le Department of Defense on atomic energy
matters; functions of the Department of
Eefense).
(4 1 Chapters 4. "Research", and 5. "Pro-
d uctlon of Special Nuclear Material".
(5) The following provisions of chapter 6.
"special Nuclear Material": clauses 53a (11)
and (ill! (making available and distributing
= pecial nuclear maTerial ) ; subsection 53c
(sale or lease, etc.. of special nuclear ma-
t jrial, enrichment sources, sales prices, agree-
rients with licensees, use charges); subsec-
t ion 53d ( use charge for leased special nu-
clear material^: subsection 53f (distribution
cf special nuclear material): section 54 (for-
e gn distribution of special nuclear mate-
ral); section 55 (acquisition of fecial nu-
clear material); section 56 (guaranteed pur-
chase prices); subsection 57c (limitations c\n
distributions of special nuclear material);
£nd section 58 (Joint Committee review). ;
(6) The following provisions of chapter ■7,
' Source Material"; section 63 (domestic dls-
t -ibution of source material ) , e.Kcept the au-
1 horlty with respect to the Issuance of U-
censes and of criteria governing such Issu--
a nee; section 64 (foreign distribution of'
£ Durce material ) , except the authority to
1 lake the determUiatlon that the activity
\ rlU Jiot be Inimical to the Interests of the
T nlted States: section 65 (reporting): section
(6 (acquisition); and section 67 (operations
en lands belonging to the United States).
"(7) Chapter 8. "Byproduct Material", ex-
< ept the authority of the Commission with
1 espect to Issuance of licenses, establishing
(xemptlons from licensing, and determlna-
t ions under subsection 82b as to whether
1 :)relgn distributions would be inimical to
\ he common defense and security.
(8) In chapter 9, "Military Applications of
iitomlc Energy", the authority in clause 91b
1 ) relating to delivery of enriched uranium
i -J Department of Defense.
(9) In chapter 11, "International Actlvi-
1 les". sections 121 (effect of International ar-
rangements) and 122 (policies contained In
1 atematlonal arrangements) .
1 10) In chapter 12. "Control of Informa-
tlon". subsections 144a (international coop-
« ration pursuant to an agreement for cooper-
Etton); 145b (restriction on access to
I :estricted Data) . except that the Commission
! hall make the determinations relative to ac-
( ess to Restricted Data: and 146b (power to
< ontrol or restrict dissemination of Informa-
iion).
(11) In chapter 14, "General Authority",
I ubsectlons 161a (advisory boards) . c (Inves-
1 igatlons, su'bpenas), d (appointment and
( ompensatlon of employees ) , e ( acquisition
i.nd construction of facilities, etc.). f (util-
ization of services of others), g (acquisition
1 ind disposal of property) , k (carrying of flre-
i.rms). m (materials transactions with 11-
i.ensees), o (reports and records) except with
: espect to licensed activities, p (rules and
: egulatlons ) , q (easements), r (utility and
elated services), t (contracts Implementing
i fT6>ments for cooperation), a long-term
I lontract authority) , and v (contracts for pro-
ducing or enriching special nuclear mate-
ilal): and .sections 162 (contract exemption
authority), 163 (service of advisory commlt-
:ee), 164 (electric utility contracts), 165
proscribed contract practices), 166 (Comp-
. roller General audit), 167 (claims settle-
nents). 168 (payments in Ueu of taxes), 169
ino subsidy), and 170 (indemnification and
imitation of liability) Insofar as It author-
zes and applies to agreements of indeznnl-
icatlon with contractcra.
(12) In chapter 15. "Compensation for
'rivate Property Acquired", sections 171 (Just
compensation), 172 (condemnation of real
property), and 174 (Attorney General ap-
proval of title) .
(13) In chapter 17. "Joint Committee on
Atomic Energy", section 202.
(14) In chapter 18, "Enforcement", section
229 (authority to issue trespass regulations),
which shall apply to any facility, Installa-
tion, or real property subject to the Jurisdic-
tion, administration, or in the custody of the
Secretary and utilized in carrying out any of
the programs and activities of the Atomic
Energy Commission herein transferred: sec-
tion 230 (photographing, et cetera, of Com-
. mission installations). In which the words
"property subject to the Jurisdiction, admin-
istration, or in the custody of the Commis-
sion." shall be deemed to Include property
subject to the Jurisdiction, administration.
"or in the custody of the Secretary and utilized
In carrying out an^ of the programs and ac-
tivities of the Aromic Energy Commission
herein transferred; and section 232 (injunc-
tion proceedings).
(15) In chapter 19. "Miscellaneous", sec-
tions 251 ( reports to Congress ) and 261 (ap-
propriations) .
Sec. 5. (a) No license under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.)
shall be required for the conduct, by the Sec-
retary or by persons under contract with
and for the account of the Secretary, of the
programs ancJ^actlvities herein transferred
from the Atomic Energy Commission to the
Secretary. In the conduct of such programs
and activities, the Secretary shall establish
standards and procedures for radiological
protection of the public health and safety
and the safeguarding of the national de-
fense and security that are consistent with
those established by the Commission to gov-
ern Its own activities. Such standards and
procedures shall be established with the ad-
vice and concurrence of the Atomic Energy
Commission.
(b) With respect to the programs and ac-
tivities of the Atomic Energy Commission
herein transferred, the Secretary shall have
all the rights, powers, and duties of the Com-
mission under section 152 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2182) . in the case
of inventions and discoveries, useful in the
prcxluction or utilization of special nuclear
material or atomic energy, made or con-
ceived in the course of or under any con-
tract, subcontract, or arrangement entered
Into with or for the benefit of the Secretary,
to the same extent as If entered Into with
or for the benefit of the Commission.
SAVINGS provisions; MATTERS RELATING T^
TRANSFER OF ACENCHES AND OFFICJES
Sec. 6. (a) All orders, determinations, rules,
regtilatlons, permits, contracts, certiflliates,
licenses, and privileges —
(1) which have been Issued, made,
granted, or allowed to become effective in the
exercise of functions which are transferred
under this Act, by (A) any Federal Instru-
mentality any functions of which are trans-
ferred by th.s Act. or (B) any court of com-
petent Jurisdiction, and
(2) which are In effect at the time this
Act takes effect,
shall continue In effect according to their
terms until modified, terminated, super-
seded, set aside, or repealed by the appro-
priate officer to whom such functions are
so transferred, by any court of competent
Jurisdiction, or by operation of law.
(b) The provisions of this Act shall not
affect any proceedings pending at the time
this section takes effect before any Federal
Instrumentality, functions of which are
transferred by this Act; but such proceed-
ings, to the extent that they relate to func-
tions so transferred, shall be continued be-
fore such instrumentality. Such proceedings,
to the extent they do not relate to func-
tions so transferred, shall be continued be-
fore the Instrumentality before which they
were pending at the time of such transfer.
In either case, orders shall be Issued In such
proceedings, appeals shall be taken there-
from, and payments shall be made pursuant
to such orders, as If this Act had not been
enacted: and orders Issued in any such
proceedings shall continue In effect until
modified terminated, superseded, or repealed
by the appropriate officer to whom such
functions are so transferred, by a court of
competent Jurisdiction, or by operation of
law.
(c)(1) Except as provided In paragraph
(2) —
(A) the provisions of this Act shall not
affect suits conunenced prior to the date
this section takes effect, and
(B) In all such suits proceedings shall be
had. appeals taken, and Judgments rendered,
In the same manner and effect as If this Act
had not been enacted.
No suit, action, or other proceeding com-
menced by or against any officer In his official
capacity as an officer of any Federal In-
strumentality, functions of which are trans-
ferred b^ this Act, shall abate by reason of
the enactment of this Act. No cause of
action by or against any Federal instru-
mentality, functions of which are trans-
ferred by this Act, or by or against any
officer thereof in his official capacity shall
abate by reason of the enactment of this
Act. Causes of actions, suits, or other pro-
ceedings may be asserted by or against the
United States or such official of any such
Instrumentality as may be appropriate; and
In any litigation pending when this section
takes effect, the court may at any time, on
Its own motion or that of any party, enter
an order which will give effect to the pro-
visions of this subsection.
(2) If before the date on which this Act
takes effect, any Federal instrumentality or
officer thereof In his official capacity, is a
part to a suit, and under this Act —
(A) such instrumentality Is transferred,
or
(B) any function of such Instrtunentallty
or officer is transferred,
then such suit shall be continued by the
appropriate instrumentality (except in the
case of a suit not Involving functions trans-
ferred by this Act, In which case the suit
shall be continued by the Instrumentality
or officer which was a f>arty to the suit prior
to the effective date of this Act).
(d) With respect to any function trans-
ferred by this Act and exercised after the
effective date of this Act. reference in any
other Federal law to any Federal instru-
mentality or officer so transferred or func-
tloiis of which are so transferred shall be
deemed to mean the Instrumentality or
officer In which such function is vested pur-
suant to this Act.
(e) Orders and actions of any Federal In-
strumentality or officer thereof. In the exer-
cise of functions transferred under this Act,
shall be subject to Judicial review to the same
extent and in the same manner as if such or-
ders and actions had been Issued or taken by
the Instrumentality or officer, exercising such
functions, immediately preceding their
transfer. Any statutory requirements relating
to notice, hearings, action upon the record,
or administrative review that apply to any
function transferred by this Act shall apply
to the exercise of such function by any other
officer oft the United States pursuant to this
Act.
( f ) In the exercise of the functions trans-
ferred under this Act, the appropriate officer
of the Federal instrumentality to which such
functions are so transferred shall have the
same authority as that vested in the officer
exercising such functions Immediately pre-
ceding their transfer, and such officer's ac-
tions in exercising such functions shall have
the same force and effect as when exercised
by such officer having such functions prior
to their transfer pursuant to this Act.
January 4,, 1973
CONGRESSIONAL RECORD — SENATE
199
TRANSFER OF AGENCIES AND OrFICESi
SEC. 7. (a) All personnel, assets, liabilities,
contracts, property, and records as are deter-
mined by the Director of the Office of Man-
agement and Budget to be employed, held, or
used primarily In connection with any func-
tion transferred under the provisions of this
Act, are transferred to the appropriate Sec-
retary of the executive department to whom
such function Is transferred by this Act. Ex-
cept as provided In subsection (b) , personnel
engaged In functions transferred under this
Act shall be transferred in accordance with
applicable laws and regulations relating to
transfer of functions.
(b) No transfer of personnel pursuant to
this section shall result In any such person-
nel being separated or reduced In grade or
compensation for one year after such
transfer.
(c) In any case where all of the functions
of any Federal instrumentality are trans-
ferred pursuant to this title, sufch Instrumen-
tality shall lapse.
TECHNICAL AMENDMENTS
SEC. 8. (a) Section 19(d)(1) of title 3,
United States Code. Is amended by deleting
"Secretary of the Interior" and Inserting In
lieu thereof "Secretary of Natural Resources
and Environment".
(b) Section 101 of title 5, United States
(^ode, is amended by deleting "The Depart-
ment of the Interior" and Inserting In Ueu
thereof "The Department of Natural Re-
sources and Environment".
(c) Subchapter II of chapter 53 of title 6.
United States Code (relating to executive
schedule pay rates). Is amended as follows:
(1) Section 5312 Is amended by deleting
"(6) Secretary of the Interior" and Insert-
ing in Ueu thereof "(6) Secretary of Natural
Resources and Environment".
(2) Section 5313 is amended by adding at
the end thereof the following:
"(2) Deputy Secretary of Natural Resources
and Environment."
(3) Section 5314 Is amended by deleting
"(8) Under Secretary of the Interior." and
inserting in lieu thereof the following:
"(8) Under Secretary of Natural Resources
and Environment for Water."
"(BA) Under Secretary of Natural Re-
sources, and Environment for Land."
(4) Section 5315 Is amended (1) by delet-
ing "(18) Assistant Secretaries of the In-
terior (5).". and (2) by deleting "(42) Solici-
tor of the Department of the Interior." and
insertmg in Ueu thereof "(42) General Coun-
sel, Department of Natural Resources and
Environment.".
REPORT
Sec 9. The Secretary shall, as soon as prac-
ticable after the end of each calendar year,
make a report to the President for submis-
sion to the Congress on the activities of the
Department during the preceding calendar
year.
DEFINmON
Sec 10. As used in this Act. the term —
(1) "function" or "functions" includes
powers and duties; and
(2) "Federal Instrumentality" means any
executive department of the United States
or any agency, bureau, office, service, or other
entity therein.
DELEGATION OF FUNCTIONS
Sec 11. Any officer of the United States to
whom functions are transferred pursuant to
this Act may delegate such functions, or part
thereof, to such of his officers and employees
as he may designate, may authorize such suc-
cessive redelegations of such functions to
his officers and employees as he may deem
desirable, and may make such rules and reg-
ulations as he may determine necessary to
carry out such functions.
EFFECTrVE DATE: INFFUL APPOINTMENT OF
OFFICERS
Sec 12. (a) This Act shall take effect ninety
days after the date of its enactment.
(b) Notwithstanding subsection (a) of this
section, any of the officers provided for In
section 3 of this Act may be appointed In
the manner provided for in this Act, at any
time after the date of enactment of this Act.
Such officers shall be compensated from the
date they first take office, at the rates pro-
vided for In this Act. Such compensation and
related expenses of their offices shall be paid
from funds available for the functions to be
transferred pursuant to this Act.
By Mr. MOSS :
S. 28. A biU to clarify the relationship
of interests of the United States and of
the States in the use of the waters of
certain streams. Referred to the Com-
mittee on Interior and Insular Affairs.
WATER RIGHTS
Mr. MOSS. Mr. President, I once again
offer to the Congress for consideration a
bill to clarify the relationship of inter-
ests of the United States and of the
States in the use of the waters of certain
streams. As a result of a study initiated
in September of 1968, the National Wa-
ter Commission in November of 1972 is-
sued its proposed report. On page 5 of
chapter 13 dealing with Federal-State
jurisdiction in the law of waters is a
recommendation that Federal use should
conform to State procedures. The rec-
ommendation is as follows :
Recommendation No. 1: The proposed
"National Water Rights Procedures Act"
should adopt a policy of recognizing and
utilizing the laws of the respective states
relating to the creation, administration, and
protection of water rights (1) by establish-
ing, recording, and quantifying Federal wa-
ter uses In conformity with state laws, (2)
by protecting non-Federal vested water rights
held under state law through the elimination
of the no-compensatlon features of the res-
ervation doctrine and the navigation servi-
tude, and (3) by providing new Federal pro-
cedures for the condemnation of water rights
and the settlement of legal disputes.
The bill which I again offer for your
consideration is a beginning point from
which I hope we can initiate a proper
forum and hear from the people on this
issue.
There is a serious situation in the
Western States with regard to the con-
tinuing problems created by the reserva-
tion doctrine of water rights. These prob-
lems should be considered and settled. I
hope the Congress will give early consid-
eration to this measure.
By Mr. MOSS:
S. 29. A bill to establish the Lone Peak
Wilderness Area in the State of Ut.ih.
Referred to the Committee on Interior
and Insular Affairs.
LONE PEAK WILDERNESS
Mr. MOSS. Mr President, the bill I
am introducing today would set a.'3ide
32.785 acres in the Wasatch and Uinta
National Forests as an addition to the
national wilderness system. Tlie bill is
similar to the one introduced in the 92d
Congress, but its boundaries have been
enlarged to include areas south of Dry
Creek Canyon, around Twin Forks Peak,
and part of White Pine Canyon.
A bill providing for a study of this area
was passed by the Senate in the closing
days of the 92d Congress, but it died in
the House.
The Lone Peak area is one of the few
in the country which is close enough to
a large city to provide almost suburban
wilderness. It is located to the east and
south of Salt Lake City, and is only a
few minutes di'ive from its outskirts. The
peak is one of the most beautiful in the
rugged mountain range which towers
over the city, and the area surrounding it
is still wild and primitive. Evergreeiis
abound, and the streams are clear and
unpolluted. Within an hour or so of leav-
ing the city, one can have hiked or back-
packed or ridden by horse into a fresh
new world.
Legislation to establish a Lone Peak
Wilderness Area has the support of the
Sale Lake Cotmty Commission, of most
of tUfi Utah press, many outdoor and en-
vironmental groups in the State, and the
public generally.
By Mr. MOSS:
S. 30. A bill to amend the Wild and
Scenic Rivers Act by designating a seg-
ment of the Colorado River in the State
of Utah as a component of the national
wild and scenic rivers system. Referred
to the Committee on Interior and Insular
Affairs.
AMENDMENT TO THE WILD RIVERS ACTT
Mr. MOSS. Mr. President. I am today
introducing a bill to amend the National
Wild and Scenic Rivers Act to designate
36 miles of the Colorado River in Grand
County. Utah, as a component of the na-
tional wild rivers system.
The stretch of the river covered by the
bill flows from mile point 1063 to mile
point 1027. It begins at the Utah-Colo-
rado border, and flows downstream to
the junction of the Dolores River with
the Colorado River in Utah.
The wild rivers designation, as this
body well knows, is applied to certain
selected rivers of the Nation which have
remarkable scenic, recreational, geologic,
or other values which should be
preserved by keeping the river in its
free-flowing condition, and its shore en-
vironment in its natural state, so that
generations to come may enjoy them un-
impaired by man-made incursions.
This reach of the Colorado River in
Utah superbly qualifies for inclusion in
the national wild and scenic rivers sys-
tem. There is one section of it particu-
larly— a 13' 2-mile section through
Granite Canyon — which I consider the
most exciting river in Utah. It has a series
of rapids which tumble in quick succes-
sion through a ver>' narrow and rugged
canyon. The rapids have such colorful
names as Sock-It-To-Me. Wildhorse,
Marble Canyon, Funnel Falls, Skull, and
Last Chance. There are scenic side
canyons running into the main canyons.
up which boats can travel.
Many animals can be seen, particu-
larly in the side canyons, including deer,
cougar, snowy egrets. Canadian geese,
beaver, blue herons and golden eagles.
The massive red sandstone cliffs along
most of the canyon rise high in the sky,
broken by black granite and red and
purple shales. It is magnificent country.
The bill I am introducing is similar to
one passed by the Senate in the 92d
Congress. Tliere is no opposition to it. so
far as I know, and I hope it can be passed
quickly, and acted upon by the House,
so we can move to protect this spectacu-
lar stretch of water. The region is re-
mote enough to be somewhat protected
200
CONGRESSIONAL RECORD — SENATE
January 4,
1973
at the present time, but jeep roads are
puAtaAng toward It, and unless action is
takei) it may not long remain in its
pr^a^nt wild state.
By Mr. ROLLINGS (for himself
and Mr. Tower) :
S. 31. A bill authorizing the Secretary
of Defense to utilize Department of De-
fense resources for the purpose of pro-
viding medical emergency transportation
services to civilians. Referred to the
Committee on Armed Services.
MILrrART ASSISTANCE TO SAFETY AND TRAFFIC
Mr. ROLLINGS. Mr. President, in
1971, more than 115,000 Americans lost
their lives in accidents. Four hundred
thousand more were permanently dis-
abled and 10 million were temporarily
disabled. The loss to the Nation's econ-
omy from accidents in 1971 was esti-
mated at over $28 billion. These stagger-
ing figures are particularly distressing —
especially since this toll could be reduced
by the upgrading of medical emergency
transportation services. With a view to
alleviating such unnecessary loss of life
and property, the Department of De-
fense in 1970 embarked upon a coopera-
tive test program entitled Military As-
sistance to Safety and Traffic — MAST.
MAST is an interdepartmental effort
involving the Department of Defense;
Transportation; and Health. Education,
and Welfare. The MAST test program
has provided to certain selected loca-
tions: Military air ambulances, crews,
medical personnel, medical equipment,
and supplies which while in a continuous
state of readiness for military require-
ments were able to respond to the evacu-
ation of civilian medical emergency
cases — motor vehicle accident victims,
mterhospital transfers and other emer-
gencies where rapid transport of patients
to adequate medical care is required and
ground transportation is not feasible.
MAST operations to date have been con-
fined to three Army and two Air Force
sites. Operational experience has proven
the value of this concept, and the test
phase has generated a good deal of pub-
lic support for^e program. It now ap-
pears desirable to expand military par-
ticipation in the program to the extent
it can be accomplished without impair-
ment of the military mission.
Utilizing existing military resources,
and without additional cost of the tax-
payers, these five pilot programs have
proven their wtrilU llVs^endering valuable
emergency service toVhe metropolitan
and surrounding areasVf San Antonio,
Tex.; Colorado Springs. Colo.; west cen-
tral Washington State ; \Phoenix, Ariz.;
and Mountain Home. Idaho. There is
strong and wide acceptance of this mili-
tar>' civilian endeavor. Based on the suc-
cess of these pilot programs, other com-
munities with nearby militar>' resources
have applied for MAST service, and
some, in fact, have worked with the mili-
tary in preparation for this service. Ex-
pansion of this service was, however,
withheld for lack of statutory authority,
leaving some communities in the lurch.
I have in mind the South Carolina and
Georgia communities that will be served
by the MAST program to be operated at
Fort Stewart, Ga. These communities
worked closely with the military on the
integration of MAST services in their
overall emergency medical services plan
and expended considerable effort in these
preparations including the expenditure
of funds for such things as communica-
tions equipment. Then, with their goal
almost in their grasp and the nearby
military units ready, willing, and able,
the MAST service was withheld because
of lack of statutory authority. This situ-
ation remained through the past year
despite efforts to provide this authority
by amendment to the fiscal year 1973
DOD procurement bill and as part of a
House emergency medical services
which died in the Senate.
During last year's legislative efforts,
both the House and Senate Armed Serv-
ices Committee chairmen, although not
necessarily opposed to recommending
this authority, expressed the need for
their committees to have the opportunity
to properly examine the subject. This bill
provides that opportimity, and I know,
after careful examination, we will have
an opportimity to vote on this MAST
authority which will enable expansion
of these lifesaving services to those ad-
ditional communities in which the ap-
propriate DOD resources may now be lo-
cated and where the community desires
this program.
I ask that the text of this bill be
printed in the Record at this point.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
S. 31
A bill authorizing the Secretary of Defense
to utilize Department of Defense resources
for the purpose of providing medical emer-
gency transportation services to civUlans.
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That the Sec-
retary of Defense is authorized to assist the
Department of Health. Education, and Wel-
fare and the Department of Transportation
in providing medical emergency transporta-
tion services to civilians. Any resources pro-
vided under this .section shaU be imder such
terms and conditions, including reimburse-
ment, as the Secretary of Defense deems ap-
propriate.
By Mr. KENNEDY (for himself.
Mr. Bayh. Mr. Bentsen, Mr.
Brooke, Mr. Cannon, Mr. Case,
I Mr. Cranston, Mr. Gravel, Mr.
Hart. Mr. Hughes, Mr. Hum-
phrey. Mr. Inouye, Mr. Javits.
Mr. Mansfield, Mr. McGee, Mr.
McGovERN. Mr. Mondale. Mr.
Montoya, Mr. Moss. Mr. Mus-
KiE, Mr. Pastore. Mr. Pell, Mr.
Randolph. Mr. Ribicoff. Mr.
Schweiker. Mr. Sparkm'\n. Mr.
Stevens. Mr. Stevenson, Mr.
Tunney, Mr. Weicker, and Mr.
Williams i :
S. 32. A bill to amend the National
Science Foundation Act of 1950 in order
to establish a framework of national sci-
ence policy and to focus the Nation's
scientific talent and resources on its pri-
ority problems, and for other purposes.
Referred to the Committee on Labor and
Public Welfare.
NATIONAL SCIENCE POLICY AND I'RIORITIE3 ACT
Mr. KENNEDY. Mr. President, I intro-
duce today the National Science Policy
and Priorities Act of 1973. This bill is
aimed at putting science and technology
to work on the problems of our ^ciety. It
provides a 3-year authorizatioi* of $1.8
billion for civilian research and engineer-
ing programs directed at these problems.
Last August the Senate decisively
voiced its approval of this measure when
it voted to pass the bill by a rollcall
vote of 70 to 8. Taking account of those
Senators who were not present, but who
were recorded for or against the bill,
the vote would have been 82 to 10. In
September the House Committee on Sci-
ence and Astronautics held hearings on
the bill as it passed the Senate. Unfor-
tunately, the House was not able to com-
plete action on the bill before the end of
the 92d Congress.
I therefore reintroduce the bill today
I plan to hold early hearings on this bill
before the Subcommittee on the Nation-
al Science Foundation, and pledge to do
everything in my power to move this
measure on to enactment as promptly as
possible. I introduced the original ver-
sion of this bill In August of 1970; and
in the two and a half years which have
elapsed since then, the problems of so-
ciety to which this bill is addressed have
seriously worsened.
If there is one overriding lesson I have
learned In my 4 years as chairman of
the National Science Subcommittee, it is
that the potential of science is nowhere
being matched by its performance.
Engineers can propel nuclear ships
around the globe with the energy from
a bucketfull of fuel— yet our cities are
increasingly beset with power blackouts
and brownouts.
We can cruise on the moon's surface-
yet we cannot commute from suburb to
city without traffic jams, air pollution,
and no parking at our destination. We
can build beautiful, enclosed shopping
malls fti the suburbs — yet we cannot be-
gin to cope with the housing crisis in the
cities. We can design high-speed com-
puters to process billions of bits of data
instantly — yet we cannot teach all our
children to read effectively.
Why is it that cities have to be put on
pollution alert, so that mothers have to
be concerned about their children play-
ing out of doors? Why is it that house-
hold appliances continually break down
and that their repair is not only costly
bu' often unreliable?
Why is it that thousands of American
children burn to death each year because
they we-ir highly flammable fabrics?
Why is it that decent housing is increas-
ingly out of reach of more and more of
our cirizens? Why is it that millions of
a.ii=ri-?rs are undernourished in an age
of tfnnence? Why is it that there are only
k'dne" di-lv.'?is facilities for 2.000 of our
ci'i -'n' v;hsn 50.000 need such care?
Why is it th-^t we Iiave not been able to
us? moiern technology to reduce the
mounting co.sts of educating our chil-
dren?
We know that computer aided diag-
nosis, comnuter monitoring of serious
hospital cases, and technological aids to
emergency medical care can save thou-
r.'-ids of lives each year — yet why is it
•h t we do not make wider use of these
devices?
Tho list is endless, but the lesson is
clear: we have the scientific knowledge,
Jamiary i, 1973
CONGRESSIONAL RECORD — SENATE
201
but we have not made the concerted ef-
fort necessary to put it to use for the
benefit of all our people.
As Shakespeare so aptly put it: "The
fault lies not in our stars, but in our-
selves." The Nation's scientists and engi-
neers have the skills, the imagination,
and the inventive ability to tackle and
solve these problems. But we have let
them down. We have not given them the
go-ahead; we have not provided them
with the support and resources to do the
job.
We are all aware that productivity In
American industry has been lagging in
recent years, especially in comparison to
Japaii and Western Europe. Yet how
many realize that part of the answer for
this lies in American underinvestment in
civilian research and technology. A De-
partment of Commerce study shows that
Western Europe, when its gross national
product; is only one-third of the U.S.
GNP, has a third more technical per-
sonnel employed in civilian research.
And Japan, with only half the popula-
tion of the United States and one-
seventh of our GNP, had 70 percent as
many scientists and technical personnel
employed in civilian research and devel-
opment.
If we make the necessary national
commitment to tackle these problems, if
we provide the Nation's scientists and
engineers with the wherewithal to do the
job, I am confident they can solve many
of these problems and make a giant step
forward on earth toward making this the
kind of society we want for our children,
and their children to come.
Yet at this time of maximum need —
when the Nation's problems with the en-
vironment, with health, with economic
productivity, and with the quality of life
in our society — when these problems need
to be tackled with all the talent we can
muster, we find technical unemployment
higher than it has ever been in history.
Although the Government has not been
able to provide precise figures on the ex-
tent of technical unemployment, our best
estimate — based on membership surveys
by the technical societies and what CJov-
emment figures are available — is that
last year several hundred thousand sci-
entists, engineers, and technicians were
either imemployed or underemployed —
by working at jobs well below their skill
levels. Thus, of the Nation's approxi-
mately 3 million scientists, engineers,
and technicians, from 5 to 10 percent
were either unemployed or seriously
underemployed.
This situation is intolerable. America's
strength springs from the skill of its peo-
ple. Scientists and engineers have a ma-
jor share of those skills. The Nation must
assure them the opportunity to use their
skills for the benefit of all of us.
Tliis is the purpose of S. 32, the Na-
tional Science Policy and Priorities Act.
It establishes a framework of national
science policy and focuses the Nation's
scientific talent and resources on its pri-
ority problems.
The principal provisions of the bill are
as follows :
This bill establishes national science
policy and programs to focus the Nation's
scientific talent and resources on its civil-
ian priority problems. It authorizes $1.8
CXIX 14— Part 1
billion over a 3-year period — $50 million
to advance the state of the art in prior-
ity research areas; $1.2 billion to design
and demonstrate civil science systems
which can provide improved public serv-
ices; and $560 million to aid States, com-
mimities, companies, and individual
scientists, engineers, and technicians in
making the transition to civilian research
and engineering programs. In addition,
the bill creates a mechanism to estab-
lish Federal procurement policies and
regulations which would foster portable
pensions for scientists and engineers to
protect their pension credits as they shift
from one job to another.
The bill declares as national policy
that: First, Federal funds for science will
grow in proportion to the gross national
product; second, scientific and technical
manpower must have continuing employ-
ment opportunities at their professional
skill levels; third. Federal funds for civil-
ian research and development must be
maintained at parity with military R. &
D.; and fourth. Federal programs for
civilian R. & D. must be focused on meet-
ing national needs in priority areas.
Recent National Science Foundation
figures indicate that in 1967 dollars, dis-
counting inflation, total Federal obliga-
tions for research and development are
as follows: In fiscal 1967, when Federal
R. & D. spending reached its peak, it was
approximately $16.5 billion. In 1968, the
figure for Federal R. & D. spending drop-
ped to $14.3 billion. In 1970. it dropped
to $13.3 billion. In 1971. it dropped to
$12.9 billion. In 1972, it was $13.5 bil-
lion.
The budget for fiscal 1973 did include
a modest increase to S13.9 billion in 1967
dollars. But even at that proposed level,
the 1973 proposed budget will be 16 per-
cent below what it was in 1967. So over
all these years in which national needs
for R. & D. have been skyrocketing. Fed-
eral expenditures in these areas have
been declining in real dollars. We want
to trj' to avoid that by the policy state-
ment.
TITLE I SCIENCE POLICY
This title gives explicit authority to
the National Scieiice Foundation to de-
velop national policies for applying sci-
ence to national problems. The bill also
broadens the composition of the National
Science Board — the foundation's gov-
erning board — to include more technical
and industrial representation. The $50
million is au'hori/ed to the Foundation
in order to advance the state of the art
in those areas.
TITLE II DESIGN AND 6EMONSTRATION OF CIVIL
SERVICE SYSTEMS
This title establishes a Civil Science
Systems Administration within the Na-
tional Science Foundation and authorizes
$1.2 billion to do research, design, testing
and evaluation, and demonstration of
civil science systems capable of providing
improved public services in areas such
as health care, public safety, public
sanitation, pollution control, housing
transportation, public utilities, commu-
nications, and education.
Programs would be carried out through
contract with industry, universities, non-
profit organizations, and public agencies,
and would include provision for transfer
of funds to other Government agencies.
Over fiscal years 1974, 1975, and 1976 the
Administration would be authorized. $55
billion for planning civil science systems,
$140 million for applied social research
necessary to designing such systems,
$790 million for research and design of
civil science systems, $105 million for
testing and evaluation of such systems.
$30 million for dissemination of technical
information on such systems, and $80
million for public demonstration of civil
science systems.
TITLE III TRANSITION OF TECHNICAL MAN-
POWER TO CIVILIAN PROGRAMS
This title authorizes the National Sci-
ence Foundation to plan and assist in the
transition of scientific and technical
manpower from research and engineer-
ing programs which have been termi-
nated or significantly reduced, to other
civilian-oriented research and engineer-
ing activities. Thus, $560 million over
fiscal years 1974. 1975, and 1976 is au-
thorized to aid States, communities, com-
panies, and individual scientists, engi-
neers, and technicians in making the
transition. Programs include $15 million
for research on economic conversion; $95
million to State, regional, and local gov-
ernments for training of government
officials, operating conversion programs,
and for hiring imemployed technical per-
sonnel to work in government positions;
$90 million for community conversion
corporations to channel research and en-
gineering programs in hard-hit com-
mimities; $275 million for job transition
programs to enable companies to hire
technical personnel to work on civilian
projects for which they are not yet fully
qualified — on-the-job training subsidies;
$55 million for career transition fellow-
ships to unemployed or underemployed
technical personnel to acquire skills in
other fields; $20 million for placement
assistance to technical personnel who are
unemployed or underemployed; and $10
million for developing imiversity courses
and curricula oriented toward civilian
engineering projects.
TITLE IV PROTECTION OF PENSION RIGHTS OF ■
SCIENTISTS AND ENGINEERS
This title declares as national policy
that scientists and engineers be pro-
tected, to the extent feasible, against
forfeiture of pension rights or benefits
as a consequence of job transfers or loss
of employment resulting from termina-
tions or modifications of Federal con-
tracts or pi'ocurement policies. The bill
provides for the development and imple-
mentation of Federal procurement regu-
lations designed to achieve that policy.
The policy statement in section 2 is
perhaps the most significant section of
the bill. This section recognizes that Fed-
eral funding for science and technology
represents an investment in the future,
and declares that that investment m.ust
be raised to an expenditure level which
is adequate to the needs of the Nation.
Federal funds for research and devel-
opment as a percentage of the gross na-
tional product have been droi^ping stead-
ily over the past decade. In 1963 Federal
funds for research and development were
2.6 percent of the gross national prod-
uct—GNP. By 1971, they had dropped
to 1.6 percent of the gross national prod-
202
CONGRESSIONAL RECORD — SENATE
January If, 1973
Jamiarij 4, 1973
CONGRESSIONAL RECORD — SEN ATE
2oa
~i
ict. This decline of 1 percent rep-
•esents about $10 billion on the base of
;he present gross national product. This
neans that if Federal funds for research
ind development in 1971 had been the
;ame percentage of the GNP as they had .
)een in 1963. they would total about 10
>illion more than they do now. When
me takes into accoimt the fact that
here has been a considerable inflation
n R. & D. costs during that period, one
•eahzes that the decline in relative re-
iources allocated to R. & D. has been
nore substantial during that time.
But just as each major industrial cor-
X)ration tends to allocate a portion of
ts funds each year as a long-term in-
r-estment in the future development of
he firm, so must the Nation make an
irmual investment in its future through
■esearch and development. This is espe-
lially true because there are certain
ypes of R. & D. of great potential bene-
it to the Nation, which are too extensive
or any individual firm to undertake;
md other types of R. & D. which are not
ikely to prove profitable to a particular
Irm, but which nevertheless can provide
;reat benefits for the Nation as a whole.
So Federal funds for R. & D. must be
: een as a continuing investm^t in the
»Iation's future. Theic precipitous de-
:line over the past 8 years, as a per-
lentage of the GNP, which parallels a
:eriod of low productivity in the econ-
)my, indicates that they should be re-
stored to a higher level, and that the Na-
ion would benefit from such a resteta-
ion.
Once they have been increased to an
tppropriate level, they should grow from
•ear to year in proportion to the growth
n the GNP. In this way the Nation can
Lssure to the generations to come the
)enefits which can only flow from re-
search which we are farsighted enough
0 undertake today.
This section also establishes as na-
ional policy that there should be con-
;inuing employment opportunities for
icisntists and engineers in positions com-
nensurate with their capabilities. This
emphasizes the recognition that our
echnical manpower pool is a nationap^
esource which must be utUized to the
ullest.
This section also stipulates that Fed-
;ral funds for civilian research and engi-
leering should be maintained at or above
1 level of parity with Federal funds for
nilitary research and engineering, ex-
:ept when inconsistent with overriding
;onsiderations of national security.
Finally this section establishes as na-
ional policy that Federal funds for ci-
.Hian research and engineering should
)e focused on meeting human needs in
Jriority to problem areas such as health
:are. pubhc safety, pollution, produc-
ivity, education, transportation, and
;nergy resources.
TTLE I — SCIEXCE POLICY AND PRIORmES FOR
CIVILIAN RESEARCH AND ENGINEERING
Title I is intended to provide the Na-
ional Science Foundation with the
)road authority needed for it to exer-
:ise a leadership role in determining na-
ional science priorities and in develop-
ng national policies which foster the
ipplication of scientific and technical
knowledge to the solution of national
problems. In addition, this title clarifies
the policymaking role of the National
Science Board and broadens the com-
position of the board which has tradi-
tionally been oriented toward academic,
basic science, to include increased repre-
sentation of people with an industrial or
technical background.
Over a 3-year period, 50 million is au-
thorized for the programs carried out
under sections 103 and 104. These would
involve approximately 100 research
projects at an average cost of about
$500,000 each; and would provide jobs In
the peak third year directly for about
1,600 scientists, engineers, technicians,
and research assistants.
TITLE n — THE CIVIL SCIENCE SYSTEMS
ADMINISTRATION
Title n for which $1.2 billion is au-
thorized over a 3-year period is intended
to be a NASA-like organization which
would channel technical talent and re-
sources toward the problems of our socie-
ty in much the same way the National
Aeronautics and Space Administration
has focused such efforts on the problems
of outer space. The Civil Science Sys-
tems Administration would fimction pri-
marily through the award of contracts
to industry, imiversities, and other re-
search organizations. It would also be
empowered to transfer some funds to
other agencies when it was more appro-
priate for particular program compo-
nents to be carried out by some other
agency. The contracting approach would
be similar to the NASA model in that
there would be considerable reliance on
systems contracts, with the primary con-
tractors in turn subcontracting specific
portions of the task to other contractors.
Federal procurement regulations would
of course, prevail for these contracts, so
that most contracts would be awarded
on a competitive basis.
It is expected that the $55 million au-
thorized over a 3 -year period for plan-
ning for civil science systems would pro-
vide for about 110 planning projects at
an average cost of about $500,000 per
project. In its peak first year, this pro-
gram would provide jobs directly for
about 2,000 scientists, engineers, tech-
nicians, and research assistants.
It is expected that the $140 million au-
thorized for applied social research over
a 3-year period would provide for about
233 applied social research projects at an
average cost of about $600,000 per proj-
ect. In its peak third year this program
would provide jobs directly for about
2.500 scientists and research assi<=tants
Over a 3-year period $790 million is
authorized for civil science systems re-
search and design which is the major
component of the overall civil science
systems program. It is expected that this
authorization would permit funding for
research and design in about 12 major
areas, such as: health care services; pub-
lic safety — crime control; public safe-
ty—fire prevention and control; power
supply— gas and electric utilities; inno-
vative mass transit, iruiovative construc-
tion technology, education systems; wa-
ter pollution control; air pollution con-
trol; solid waste disposal systems; com-
munication systems; and so forth. It is
expected that over the 3-year period, the
program could mount in each such area
about 40 research projects at about $1
million each and about five major de-
sign projects at about $5 million each.
Thus, for all areas of activity over the
3 -year period, it is roughly estimated that
there might be about 480 research proj-
ects and about 60 design projects. It is
expected that in the peak third year, this
program would directly employ about
15,000 scientists, engineers, and techni-
cians.
It is estimated that the $105 million
authorized for testing and evaluation
over the 3-year period would provide for
about 60 testing and evaluation projects
at about $1.75 million each. And it Is
expected that this program would employ
about 2,000 scientists, engineers, and
technicians in the peak third year.
Over the 3-year period. $110 million
is allocated for the information dissemi-
nation and systems demonstration pro-
grams, which are essential to the overall
success of the Civil Science Systems Ad-
ministration.
For it is essential that the results of
the Civil Science Systems programs be
widely disseminated and demonstrated
so that they can be put Into practical
use throughout the Nation. Only
through a concerted program of infor-
mation dissemination and demonstra-
tion of the systems which have been de-
veloped will it be possible to assure maxi-
mimi benefit to society from these pro-
grams. The information dissemination
program is similar to the NASA technol-
ogy utilization program, but is of more
critical importance to the civil science
systems activity. For technology utiliza-
tion of the innovations resulting from the
space program is a by-product of the
main effort to explore outer space; it
is an added benefit, not a central out-
put. But in the civil science systems
program, the major purpose is to de-
velop technical knowledge which can
be of direct benefit to society. Through
the information dissemination and sys-
tems demonstration programs, the new
knowledge developed through this ef-
fort will be made widely available
throughout the economy and its bene-
fits will accrue to society at large.
It is estimated that the $80 million au-
thorized for the systems demonstration
program over the 3-year period would
permit the initiation of about 40 sys-
tems demonstration projects at about $2
million each. It is expected that the in-
formation dissemination program would
directly provide about 2,000 jobs for en-
gineers and technicians.
The scientific and technical commu-
nity his experienced significant dislo-
cations over the past few years as m^-
jor Government programs have been ter-
niimted or significantly reduced, and
progrrms of comparable magnitude have
not emerged to absorb the manpower re-
sources which have been released. It is
essential that the Government aid in
the transportation of technical personnel
to rivi'-i'in research and engineering pro-
grams. This is the objective of title HI,
trinsition of technical manpower to
civili'in programs.
It is estimated that the $15 million au-
thorized for research on transition to
civilian programs over the 3-year period
A
would provide for about 30 research proj-
ects at about $500,000 each; and would
directly provide jobs for about 200 scien-
tists and research assistants.
In arranging for the orderly transition
of technical manpower into civilian re-
search and engineering programs, it Is
imperative that State and local govern-
ments and regional governmental agen-
cies play a key role in the planning and
implementation of programs which will
impinge on their jurisdictions. It is for
this reason that the Civil Science Sys-
tems Advisory Council and the Advisory
Panel on Transition of Scientific and
Technical Manpower to Civilian Pro-
grams include representatives of the Na-
tional Governors Conference, the Na-
tional Association of Counties, and the
National League of Cities and the United
States Conference of Mayors. In addition
the bill includes a 3-year authoriza-
tion of $95 million which v.ould go to
State and local governments and regional
governmental agencies. These funds
would enable such governments to hire
unemployed technical personnel on their
staff and to conduct programs designed
to facilitate the tran.sition of scientific
and technical activities to civilian pro-
grams within their particular jurisdic-
tion. In addition, these funds would per-
mit government officials at the State,
local, and regional level to receive spe-
cialized training which would acquaint
them with the potential contributions of
science and technology to the resolution
of public problems in priority areas, and
teach them how to utilize scientific and
technical talent in an effective and eco-
romiral manner. For the m.ost part, offi-
cials at these levels of government have
not had the experience in dealing with
research and engineering programs
\\hich officials of the Defense Depart-
ment or Space Agency have had. Since
planning, contracting for, and monitor-
ing such programs take specialized un-
derstanding and skill, it is desirable that
officials at the State, local, and regional
levels have the opportunity for such
training, in order to maximize the re-
sults which society will receive from these
programs. It is estimated that the $75
million authorized for section 305 over
a 3-year period would provide directly for
about 2,e00 jobs per year for technical
professionals; and that sections 306 and
307 would provide training for about 6,-
000 State, regional, and local govern-
mental officials throughout the Nation, or
about an average of 120 per State.
The purpose of the Community Con-
version Corporation program is to pro-
vide a mechanism for enabling com-
mimities which have been substantially
affected by cutbacks in research and
engineering programs to help themselves.
Under this program — for which $90 mil-
lion is authorized over a 3 -year period —
such communities could charter a Com-
munity Conversion Corporation, which
meets the criteria of subsection ia> of
section 308. This Corporation could be
an existing nonprofit corporation which
meets those criteria; a subsidiarj' of an
existing corporation specially designed
to meet those criteria; a nonprofit cor-
poration set up under the auspices of a
local or regional governmental agency;
or an entirely new nonprofit entity with
no ties to any existing organizations.
The Community Conversion Corpora-
tion would, if it qualified, be eligible to
receive a gi'ant from the National
Science Foundation to fund its overall
operations, while it sought specific
grants and contracts from other Gov-
ernment agencies, private foundations,
community organizations, and private
business firms. Since "the National
Science Foimdation will give preference
in awarding such community conversion
grants or contracts to those corporations
which show a likelihood of being able to
obtain such additional financial sup-
port," existing organizations which
qualified as community conversion cor-
porations would have a certain competi-
tive advantage over entirely new organi-
zations estabhshed for this purpose. On
the other hand, a newly established com-
munity conversion corporation of high
cahber. with imaginative leadership,
would still be able to compete effectively
with community conversion corporations
which were tied to existing organiza-
tions.
The Community Conversion Corpora-
tion could "conduct, contract for. or
stimulate the conduct of, civilian-
oriented research and development ac-
tivities which focus on the particular
problems, or dravv' on the particular re-
sources, of the commiuiity within which
the corporation is located." Thus it would
have a catalyzing effect in generating
research and engineering activity
tliroughout the community and stimu-
lating other economic activity as a con-
sequence. [
It is estimated that the $90 million
authorized for cohimunity conversion
corporations ever I the 3-year period
would provide forj the launching and
3-year funding of about 20 community
conversion corporations throughout the
country, at about $1.5 million each per
year. It is expected that this program
would directly provide about 1,000 jobs
per year for scientists, engineers, and
technicians. *"
The job transition program — for
which $275 million is authorized over a
3-year period — is the major program in
title ni. The $275 million provided under
this section would be awarded as job
tran.sition grants to industrial firms and
research organizations "to enable them
to hire scientists, engineers, and techni-
cians for work on projects for which they
are not yet fully qualified. ' In other
words, firms undertaking civilian re-
search and engineering projects could
hire unemployed or underemployed tech-
nical personnel whose experience had
been in defense and aerospace programs
and who were not yet fully qualified for
the particular project on which they
would work. The job transition grants
would subsidize all or a portion of their
salary v.lthin stipulated limits, while
they, in effect, received on-the-job train-
ing— that is learned by doing.
This program would, of course, be of
great benefit to industrial firms seeking
to enter new civilian research and engi-
neering markets. But it would also be of
considerable benefit to the imemployed
scientists and engineers who would be
able to find jobs because of it.
It is estimated that the $275 million
authorized for this program over the 3-
year period would directly involve about
one hundred firms and provide partial
employment subsidies for about 10.000
scientists and engineers in each of the
peak — second and third years.
Although the testimony and views re-
ceived on the bill indicated that the vast
bulk of displaced technical personnel did
not need extensive academic retrainin.?,
it was the consensus that some smaller
segment of that group would require or
strongly desire academic retraining, to
prepare them for more substantial shifts
in their special fields of expertise. The
career transition fellowship program has
been developed with this group in mind.
It is estimated that the $55 million au-
thorized for this program over the 3-year
period would provide for about 2.000 fel-
lowships in each of the second and third
years.
Because of frequent, rapid changes in
Federal contracting for rese'^rch and
development, scientist and engineers suf-
fer an unusually high rate of forfeiture
of the pension benefits they have accu-
mulated under private pension plans. It
is unfair that these individuals suffer
loss of their hard earned pension rights
because of government procurement de-
cisions over which they have no influ-
ence. Accordingly title IV is aimed at the
modification of Federal procurement
policies to protect the equities of these
individuals, to the extent which is fea-
sible.
These are the programs contained in
S. 32.
To summarize my remarks, enactment
of S. 32 would directly provide positions
for about 41,000 scientists, engineers, and
other technical personnel in its peak
year. Since each professionally active
scientist or engineer creates jobs for six
to 10 other workers throughout the econ-
omy, enactment of this measrre would
create a total of about 290.000 to 450,000
jobs throughoui the economy.
But creating jobs would only be one
a.spect of its economic impact. The bill
would also create a host of new products,
services, industries, and markets; it
would help increase productivity; and it
would have a strong revitalizing effect on
the entire civilian economy. Moreover, it
would greatly assist the Nation in
strengthening its international economic
competitive position; through technical
innovations which could be used to ad-
vantage in international trade and in
U.S. business operations abroad.
In addition to its direct imp.ict on the
economy, enactment of S. 32 would have
a powerful impact on the shape of our
society for years to come. For it could
bring to our domestic problems and social
issues the same reservoir of talent, the
same dedication of purpose, the same
dramatic imagination which have char-
acterized our space program over the past
decade. And in strengthening our econ-
omy and helping to solve our social prob-
lems, S. 32 could also serve as a catalyst
for recapturing the commitment of the
Nation's youth.
In the words of one of the authorities
04
CONGRESSIONAL RECORD — SENATE
January ^, 1973
\ho submitted a statement on S. 32 —
.; ohn P. Eberhard, dean of the School of
i architecture and Environmental Design,
I tate University of New Yorte at Buffalo
f nd former Director of the Institute of
. i.iplied Technologj' in the Department of
i.jmmerce:
I think that your proposed legislation could
c pen the door to a new period of scientific
a nd engineering exploration that was as ex-
c Ltlng as any we have engaged in during the
p ast twenty years. It could make It possible
i sr us to do something substantial about the
c uality of life in our urban centers. It could
i ive many of our young people who are dls-
t achanted with previous value systems . . .
G new kind of hope and enthusiasm to do
s smethlng about our environment. It could
t ive us all an opportunity to make an invest-
rient in the fv'ture cities which our children
£ nd our children's children will Inherit from
i s.
Or in the words of our former col-
l?ague. Senator Joseph S. Clarlc. who is
low Chairman of the Coalition on Na-
tional Priorities:
S. 32, the National Science Policy and
I rlorlties Act is a noble beginning. It will
1 elp get our most able brains about the real
I eeds of the global village. By setting our
thinking people on an enlightened course,
c ur civilization will prosper.
I believe the Civil Science Systems
f rogram can become the dramatic focus
1 or science in the decade of the seventies,
i 1 much the same way as the space pro-
iram did in the sixties. But the results
\ill be of direct benefit to all our citizens
1 ere and now — not at some future date.
In the spring of 1961, President Ken-
ledy challenged the technical commu-
r ity to place a man on the moon within
ji decade. Tlie Nation's engineers re-
sponded magnificently, and the race was
\ on.
But now, 12 years later, the team Is
r larking time while we search for a new
target. The target I propose is a commu-
lity which really serves its citizens. Be-
fore this decade is up, let the Nation's
£ rchitects and engineers design and
c emonstrate a totally new community —
I citizens' community — which shows us
vhat is possible for all Americans in all
c ommunities. Clean air and clean water —
rapid, reliable and even comfortable
r lass transit — computerized health serv-
i :es and educational systems available to
£ 11 hospitals, clinics, and schools — under-
£ round utilities which can be repaired
£ nd expanded without ripping up the
£ treets — public safety systems which use
I lodern technology to assure safe streets
£ nd safe homes.
This is the goal for technology in our
t;me. This is the way to create jobs, re-
\ italize the economy, and help revive the
I ational spirit.
I urge each Member of the Senate to
.support this measure.
I ask imanimous consent that the full
tsxt of the bill be printed in the Record.
There being no objection, the bill was
c rdered to be printed in the Record, ae
f allows :
Be It enacted by the Senate and House of
V.epresentatives of the United States of
I merica in Congress assembled. That this
Act may be cited as the "National Science
I ollcy and Priorities Act of 1973".
DECLARATION OF POLICY
Sec. 2. (a) The Congress hereby finds
that —
(1) Federal funding for science and tech-
nology represents an investment In the fu-
ture, which Is Indispensable to sustained
national progress;
(2) the manpower pool of scientists and
engineers constitutes an Invaluable national
resource which should be utilized to the
maximum extent possible at all times;
(3) the Nation's scientific resources can
contribute significantly to meeting America's
human needs in such priority problem areas
as health care, poverty, public safety, pollu-
tion, unemployment, productivity, housing,
education, transportation, nutrition, commu-
nications, and energy resources; and
(4) at this time of maximum need, much
of the Nation's technical talent Is being
wasted or misapplied because of Inadequate
programs of civilian science and technology.
(b) The Congress declares that It is the
continuing policy and responsibility of the
Federal Government to take appropriate
meastires directed toward achieving the fol-
lowing goals —
( 1 ) the total Federal Investment In science
and technology must be raised "to an ex-
penditure level which is adequate to the
needs of the Nation, and then continue to
increase annually in proportion to the growth
In the gross national product, or at a rate
which Is greater than such growth;
(2) scientists, engineers, and technicians
must have continuing opportunities for soci-
ally useful employment In positions com-
mensurate with their professional, technical
capabilities;
(3) Federal obligations for civilian re-
search and engineering activities must be
Increased so as to reach a level of parity with
Federal obligations for defense research and
engineering activities, whereupon the level
of parity must be maintained or exceeded,
except when inconsistent with overriding
considerations of national security; and
(4) Federal programs for civilian research
and engineering must be focused on meeting
the human needs, of the Nation in such pri-
ority problem areas as health care, poverty,
public safety, pollution, unemployment, pro-
ductivity, housing, education, transporta-
tion, nutrition, communications, and energy
resources.
TITLE I— SCIENCE POLICY AND PRIORI-
TIES FOR CIVILIAN RESEARCH AND
ENGINEERING
SHORT TITLE
Sec. 101. This title may be cited as the
"Science Policy Act".
ADTHORITY OP THE NATIONAL SCIENCE
FOUNDATION
Sec. 102. Section 3 of the National Science
Foundation Act of 1950 Is amended by strik-
ing out subsection (d) and Inserting In lieu
thereof the following:
"(d) The Foundation shall recommend
and encourage the pursuit of national poli-
cies designed to foster research and education
in science and engineering, and the appli-
cation of scientific and technical knowledge
to the solution of national problems."
RESEARCH AND ENGINEERING PRIORITIES
Sec. 103. (a) The Foundation shall Identify
priority areas of civilian research and engi-
neering likely to contribute to the resolution
of national problems In areas such as health
care, poverty, public safety, pollution, unem-
ployment, housing, education, transportation,
nutrition, communications^ and energy re-
sources. In making such identifications, the
Foundation shall —
(1) take account of the results of Its pro-
grams conducted or assisted under section
207;
(2) consult with appropriate scientific and
technical organizations such as the National
lon^^i^i
la^^nhxit
ademy
stltutc of
Academy of Sciences, the Nation^
of Engineering, and the Nations
Medicine; and
(3) coordinate and correlate Its activities
with respect to such Identification with other
agencies of the Federal Government under-
taking programs relevant to these problems.
(b) From funds available pursuant to sec-
tion 107, the Foundation may employ by
grant or contract such consulting services
as It deems necessary to carry out the func-
tions assigned to the Foundation under this
section.
RESEARCH PROGRAM
Sec. 104. From funds available pursuant
to section 107, the Poundt tlon Is authorized
to make grants to. or enter Into contracts
with, appropriate organizations for the con-
duct of basic and applied research and en-
gineering designed to advance the scientific
and technical state-of-the-art in such prior-
ity areas as are Identified under section
103.
NATIONAL SCIENCE BOARD
Sec 105. Section 4 of the National Science
Foundation Act of 1950 is amended —
(1) by inserting before the period at the
end of subsection (a) a comma and the fol-
lowing: "within the framework of applicable
national policies as set forth by the Presi-
dent and the Congress" and
(2) by striking out subsection (c) and In-
serting in lieu thereof the following:
"(c) The persons nominated for appoint-
ment as members of the Board (1) shall be
eminent In the fields of science, social sci-
ence, engineering, agriculture, Industry, edu-
cation, or public affairs; (2) shall be selected
solely on the basis of established records of
distinguished service, and (3) shall be so se-
lected as to provide representation of the
views of leaders from a diversity of fields
from all areas of the Nation. The President
Is requested, in the making of nominations
of persons for appointment as members, to
give due consideration to any recommenda-
tions for nomination which may be submit-
ted to him by the National Academy of Sci-
ences, the National Academy of Engineering,
the National Association of State Universities
and Land-Grant Colleges, the Association of
American Universities, the Association of
American Colleges, the Association of State
Colleges and Universities, or by other sci-
entific, technical, or educational associa*
tlons."
POLICY APPRAISAL AND REPORTING
Sec. 106. In order to carry out the purposes
of this Act. the National Science Foundation
shall—
(1) analyze Information regarding Federal
expenditures for research and engineering
activities, and the employment and availabil-
ity of scientific, engineering, and technical
manpower, which the Foundation has as-
sembled pursuant to paragraphs (1). (5). (6),
and (7) of section 3(a) of the National Sci-
ence Foundation Act of 1950 In order to ap-
praise the Implementation of the policies
set forth In section 2 of this Act:
(2) develop and recommend to the Presi-
dent and the Congress programs and activi-
ties which will contribute to carrying out the
policies set forth In section 2 of this Act;
and
(3) prepare and submit to the President
for transmittal to the Congress not later
than January 31 of each calendar year, a
report on its activities under this Act and
an appraisal of the extent to which the
policies set forth in section 2 are being suc-
cessfully Implemented, together with such
recommendations, including recommenda-
tions for additional legislation, as It deems
appropriate.
AITTHORIZATION OF APPROPRIATIONS
Sec 107. (a) To carry out the provisions
of sections 103 and 104 of this title, there are
authorized to be appropriated $10,000,000
January Jf, 197 S
CONGRESSIONAL RECORD — SEN ATE
205
for the fiscal year ending June 30. 1974. $15.-
000.000 for the fiscal year ending June 30,
1975. and $25,000,000 for the fiscal year end-
ing June 30, 1976.
(b) Funds appropriated pursuant to sub-
section (a) of this section shall remain avail-
able for obligation, for expenditure, or for
obligation and expenditure, for such period
or periods as may be specified In Acts making
such appropriations.
TITLE II— DESIGN AND DEMONSTRATION
OF CIVIL SCIENCE SYSTEMS
SHORT TITLE
Sec. 201. This title may be cited as the
"Civil Science Systems Act".
AUTHORITY OF THE NATIONAL SCIENCE
FOUNDATION
Sec 202. (a)(1) The Foundation is au-
thorized to initiate and support programs
which use science, technology, and advanced
analytical techniques, such as systems
analysis, to design civil science systems
which are capable of providing Improved
public services in such areas as health care
delivery, public safety, public sanitation,
pollution control, housing, transportation,
public utilities, communications, and educa-
tion.
(2) Tlie Foundation, Insofar as Is prac-
ticable, is authorized and directed to develop
alternative civil science systems In order to
promote a wider range of choice for the
application of such systems.
(b) The Foundation is authorized to
initiate and support the public demonstra-
tion of civil science systems which have been
designed under this title.
(c) Section 5ie) of the National Science
Foundation Act of 1950 is amended by add-
ing at the end thereof the following new
sentence: "The provisions of this subsection
shall not apply to the authority granted to
the Director under title II of the National
Science Policy and Priorities Act of 1973."
PROGRAMS AUTHORIZED „
- — Fi
Sec 203. In order to carry out the purpose^ jj.
of this title, the Foundation is authorized
and directed to —
(a) Initiate and support programs of
applied research and experimentation. In
order to design civil science systems capable
of providing Improved public services;
(b) test and evaluate the alternative civil
science systems designed under this title,
and appraise the results of such tests In
terms of applicable technical, environmental,
economic, social, and esthetic factors;
(c) disseminate and demonstrate the re-
sults of programs conducted or asslstecl un-
der this title so that such civil science sys-
tems may be effectively utilized In the de-
velopment of new communities, and In the
Improvement of living conditions in existing
communities; and
(d) assure that the programs conducted or
assisted under this title make maximum ef-
fective use of the Nation's scientists, engi-
neers, and technicians, including those who
are unemployed.
ESTABLISHMENT OF THE CIVIL SCIENCE
SYSTEMS ADMINISTRATION
Sec 204. There is hereby established with-
in the National Science Foundation, the Civil
Science Systems Administration to adminis-
ter Federal programs carried out under this
title.
ADMINISTRATION OFFICERS
Sec. 205. (a) The Administration shall be
headed by an Associate Director for Civil
Science Systems who shall be appointed by
the President by and with the advice and
consent of the Senate.
(b) The ftinctlons of the Director under
this title and any other functions of the
Civil Science Systems Administration shall
be carried out through the Administration
by the Associate Director, who shall be re-
sponsible to and report to the Director.
(c) There shall be a Deputy Associate Di-
rector for Civil Science Systems who shall
be appointed by the F>resldent, by and with
the advice and consent of the Senate, and
shall perform such duties and exercise such
powers as the Associate Director may pre-
scribe. The Deputy Associate Director shall
act for, and exercise the powers of. the Asso-
ciate Director during the absence or disabil-
ity of the Associate Director or in the event
of a vacancy In the office of Associate
Director.
(d) There shall be two Assistant Directors
for Civil Science Systems who shall be ap-
pointed by the President, by and with the
advice and con.sent of the Senate, and shall
perform such duties and exercise such pow-
ers as the Associate Director shall prescribe,
with the stipulation that one Assistant Di-
rector shall be responsible for advising and
assisting the Associate Director with respect
to the engineering and technical aspects of
the Administration's programs, and the other
Assistant Director shall be responsible for
advising and assisting the Associate Director
with respect to the behavicral-and social sci-
ence aspects of the Administration's pro-
grams.
(e)(1) Section 5314 of title 5, United
States Code, is amended by adding at the end
thereof the following new paragraph:
"(58) The Associate, Director for Civil Sci-
ence Systems of the National Science Foun-
dation,"
(2) Section 5315 of title 5, United States
Code, Is amended by adding at the end there-
of the following new paragraph:
"(95) The Deputy Associate Director for
Civil Science Systems of the National Sci-
ence Foundation."
(3) Section 5316 of title 5, United States
Code, Is amended by adding at the end there-
of the following new paragraph:
"(131) Assistant Directors for Civil Science
Systems of the National Science Foundation."
(f) Section 14 of the National Science
'oundation Act of 1950 Is amended by strlk-
ng out subsection (b) and inserting in lieu
thereof the following:
"(b) Neither the Director, the Deputy
Director, the Associate Director, the Deputy
Associate Director, nor any Assistant Director
shall engage in any other business, vocation,
or employment while serving In such posi-
tion; nor shall the Director, the Deputy
Director, the Associate Director, the Deputy
Associate Director, or any Assistant Director,
except with the approval of the Board, hold
any office in. or act In any capacity for, any
organization, agency, or Institution with
which the Foundation makes any grant, con-
tract, or other arrangement under this Act."
CIVIL SCIENCE SYSTEMS ADVISORY COUNCIL
Sec 206. (a) There is hereby established a
Civil Science Systems Advisory Council to be
composed of thirty-one members, of whom
eighteen members shall be appointed by the
Director for terms of three years, and thirteen
shall be ex officio members designated in sub-
section (c) of this section. Appointed mem-
bers shall be chosen from among persons who
have, by reason of experience or accomplish-
ments, demonstrated their qualifications to
serve on the Council, In equal numbers from
among the following categories —
1. business;
2. labor;
3. engineers, design professionals, and na-
tural scientists;
4. social and behavioral scientists;
5. environmental and other community
groups; and
6. consumers,
(b) (1) Of the members first appointed, six
shall be appointed for a term of one year,
six shall be appointed for a term of two
years, and six shall be appointed for a term
of three years, as designated by the Director
at the time of appointment.
(2) Any member appointed to fill a vacancy
occurring prior to the expiration of the term
for which his predecessor was apjiointed shall
be appointed only for the remainder of such
term. Members shall be eligible for reap-
pointment and may serve after the expiration
of their terms until their successors have
taken office.
(3) Any vacancy on the Council shall not
affect Its powers, but shall be filled In the
same manner by which the original appoint-
ment was made.
(4) Each appointed member of the Council
shall, while serving on business of the Coun-
cil, be entitled to receive compensation at a
rate not to exceed the dally rate prescribed
for GS-18 of the General Schedule under
section 5332 of title 5. United States Code,
including traveltlme. and while so serving
away from their homes or regular places of
business, they may be allowed travel ex-
penses, including per diem in lieu of sub-
sistence. In the same manner as the ex-
penses authorized by section 5703(b) of title
5. United States Code, for person in the Gov-
ernment service employed Intermittently.
(5) The Council shall annually elect one
of its members to serve as Chairman until
the next election. The Council shall meet at
the call of the Chairman, but not less often
than four times a year.
(6) Eleven of the voting members of the
Council shall constitute a quorum necessary
for the transaction of official business.
(c) The Associate Director for Civil Science
Systems; the Assistant Secretary of Com-
merce for Science and Technology; the Assis-
tant Secretary of Health, Education, and
Welfare for Health and Scientific Affairs; the
Assistant Secretary of Housing and Urban
Development for Research and Technology;
the Administrator of the National Aero-
nautics and Space Administration; the
Chairman of the Atomic Energy Commission;
the Assistant Secretary of "Transportation
for Systems Development and Technology;
the Administrator of the Environmental
Protection Agency: the Director of the Office
of Economic Opportunity; and the Chairman
of the Council on Environmental Quality
shall be nonvoting ex officio members of the
Council.
(d) A representative designated by the
National Governors Conference; a represen-
tative designated by the National Association
of Counties; and a representative Jointly
designated by the National League of Cities
and the United States Conference of Mayors
shall be voting ex officio members of the
Council.
(e) The Council shall —
(1) advise the Director with respect to the
discharge of his responsibilities under this
title;
(2) review and evaluate the effectiveness
of Federal programs under this title;
(3) prepare and submit to the Director
and the National Science Board such Interim
reports as It deems advisable, and an annual
report of Its findings and recommendations,
together with any recommendations for
changes In the provisions of this title: and
(4) disseminate Its findings and recom-
mendations to such extent and In such
manner as it deems effective and advisable.
(f) The Director shall make available to
the Council such staff. Information, and
other assistance as It may require to carry
out Its activities.
PLANNING FOR CIVIL SCIENCE SYSTEMS
Sec. 207. (a) From funds available pursu-
ant to section 214, the Director Is authorized
to conduct planning studies, to transfer
funds to other departments and agencies
of the Federal Government, and make grants
to, or to enter Into contracts with, academic
Institutions, nonprofit Institutes and orga-
nizations, State, regional, and local govern-
mental agencies, and private business firms,
for the conduct of planning studies for the
design and demonstration of civil science
2)6
I
CONGRESSIONAL RECORD — SENATE
January 4,
1973
s; stems capable of providing Improved pub-
11; services. Such studies will —
( 1 ) be directed toward the objective of
di signing, testing, evaluating, and demon-
si rating civil science systems for subsequent
ii corporations in new communities, and for
subsequent use, with appropriate adapta-
tl ans. in existing communities;
(2) include long-range planning studies
aj well as intermediate and short-range
St udies:
(3) make maximum use of the results of
a( tlvities undertaken under sections 103 and
1(4 and the scientific and technical Informa-
tljn provided under .section 211;
(4) encompass studies of a wide range of
p ibllc service areas, including but not
United to health care, public safety, public
sjnltation pollution control, housing, trans-
portation, public utilities, communications,
ai id education;
1 5 1 Include specific studies of the econom-
ic, sociological, psychological, legal, admin -
is;ratlve, and political factors which affect
tie design, development, and Implementa-
ti )n of civil science systems to provide public
se rvices;
l6i Include total civil systems studies
ci rried out under paragraphs (4) and (5) of
tl is subsection.
(bi In delineating the goals and estab-
U ihlng the priorities for such planning stud-
i€ ; as are conducted under subsection (a) of
tl is section, the Director shall consult with
tie Civil Science Systems Advisory Council.
APPLIED SOCIAL RESEARCH
Sec 208. (a) From funds available pursu-
ant to section 214. the Director is authorized
ic transfer funds to other departments and
ai ;encies of the Federal Government, and to
rr ake grants to. and to enter into contracts
wth academic Institutions, nonprofit insti-
tutes and organizations, public agencies, and
pi ivate business firms, for the conduct of
a] iplied social research into the economic.
s( clological. political. legal, administrative,
and psychological a.spects of the design, de-
v« lopment. and Implementation of civil scl-
eiice systems capable of providing Improved
p iblic services. »
(b) The scientific Information which Is
currently available in these areas and which
is generated as a result of the research un-
drrtaken under this section shall be fully
t£ ken Into account by the Foundation In the
cii velopment of programs and the design
ai id evaluation of civil science systems un-
di r this title.
(c) In making grants or entering Into con-
tracts under this section, the Director shall
tj ke appropriate account of the results of the
p anning studies conducted or assisted under
section 207.
C] k'lL SCIENCE SYSTEM RE^ARCH AND DESIGN
Sec. 209. (ai From funds available pursu-
ait to section 214. the Director Is authorized
tc transfer funds to other departments and
ai encies of the Federal Government, and to
n ake grants to. and to enter Into contracts
with, academic institutions, nonprofit In-
stitutes and organizations, public agencies,
a id private business firms, for research with
respect to. and design of. civil science sys-
t« ms capable of providing Improved public
s« rvices in areas such as health care, public
s( fety, public sanitation. p>ollutlon control,
h )uslng. transportation, public utilities, com-
n unlcatlon, and education.
(b) In making grants or entering into
ci intracts under this section, the Director
s! lall take appropriate account of the results
o the planning studies conducted or assisted
uider section 207, and the applied social re-
s< arch studies conducted or assisted under
a ctlon 208.
(c) Each contract awarded under this sec-
tion shall contain provisions which as.';ure
t lat specific performance objectives, and any
a )pllcable physical, environmental, economic,
social, and esthetic constraints are specified
with particularity for each project conducted
under said contract.
(d) To assure that civil science systems
designed under this section are responsive to
public needs and desires, the Director shall
obtain community and public views In his
determination of the performance objectives
and priorities to be met by such systems.
TESTING AND EVALUATION
Sec. 210. (a)(1) Prom funds avaUable pur-
suant to section 214. the Director Is author-
ized to transfer funds to other departments
and agencies of the Federal Government,
and to make grants to. and to enter Into
contracts with, academic institutions, non-
profit Institutes and organizations. State,
regional, and local governmental agencies,
and private business firms for testing and
evaluating civil science systems which make
use of advanced science and technology.
(2) Such testing and evaluation shall uti-
lize all available, applicable analytical tech-
niques, such as computer simulation, sys-
tems analysis, and technology assessment, to
test and appraise such systems in terms of
their conformance to performance objectives;
adherence to stipulated constraints; costs
and ancillary consequences; impact on the
■ environment; Impact on esthetic values; re-
sponsiveness to public needs and desires;
and their comparison with alternative civil
science systems which may provide similar
pubUo services.
(b) From fund&jivallable pursuant to sec-
tion 214. the Director Is authorized and di-
rected to carry out final evaluations of civil
science systems which make use of advaticed
science and technology, taking appropriate
acount of the results of the tests conducted
or assisted under subsection (a) of this sec-
tion, and the results of the applied social
research conducted or assisted under sec-
tion 208.
(c) In making grants or entering into con-
tracts under this section, the Director shall
take account of the results of the planning
studies conducted or assisted under section
207.
INFORMATION DISSEMINATION
Sec. 211. From funds available pursuant
to section 214. the Director is authorized
to establish a computerized Civil Science
Systems Information Service, which shall col-
lect and integrate the scientific, technical,
and social Information pertaining to civil
science systems resulting from programs un-
der this title, and shall provide such Infor-
mation to interested organizations In Fed-
eral, State, and local government, industry,
academic Institutions, and the nonprofit sec-
tor, upon request from such organizations,
in accordance with such administrative pro-
cedures as are established by the Director.
SYSTEMS DEMONSTRATION
Sec. 212. (a) From funds available pur-
suant to section 214. the Director Is author-
ized to transfer funds to other departments
and agencies of the Federal Government,
and to make grants to, and to enter Into
contracts with, academic Institutions, non-
profit institutes and orgaiUzatlons, State, re-
gional, and local governmental agencies, and
private business firms, for the construction
and public exhibition of clvU science systems
demonstration projects, which Illustrate the
functioning and associated benefits of alter-
native, effective civil science systems restUt-
Ing from research and design activities con-
ducted or assisted under this title.
(b) Such grants or contracts shall con-
tain provisions which assure that such dem-
onstration projects include —
( 1 ) accurate and complete representations
of the civil science systems involved In the
demonstration. Indicating the Improved pub-
lic services which they are capable of provid-
ing; and
(2) public exhibitions which are an-
nounced In advance and are open for lnsi)ec-
tion by any interested organization or Indl-
_.^*.
vidual In accordance with such administra-
tive procedures as are prescribed by the
Foundation.
(c) Prior to entering Into any demonstra-
tion project grant or contract, the Director
wUl consult with all State and local govern-
ments In whose Jurisdictions such demon-
stration may occur, and will take^account of
the views of such governments in deter-
mining to award such a grant or contract.
COORDINATION WITH OTHER GOVERNMENT
AGENCIES
Sec. 213. In planning and conducting or
assisting programs under this title, the Di-
rector shall maintain continuing consulta-
tion and coordination with appropriate Fed-
eral, State, regional, and local governmental
agencies, Including, but not limited to, the
Departments of Commerce; Health, Educa-
tion, and Welfare; Housing and Urban De-
velopment; and Transportation; the Council
on Environmental Quality; the National
Aeronautics and Space Administration; the
Atomic Energy Commission; the Office of
Economic Opportunity; the Environmental
Protection Agency; the National Governors
Conference; the National Association of
Counties; the United States Conference of
Mayors; and the National League of Cities.
Such consultation and coordination shall be
carried out through the Council established
under section 206, and through appropriate
staff contacts at other levels of the agencies
involved.
AtTTHORIZATION OF APPROPRIATIONS
Sec. 214. (a) To carry out the provisions
of this title, there are authorized to be ap-
propriated $200,000,000 for the fiscal year
ending June 30, 1974, of which $25,000,000
shall be available to carry out the provisions
of section 207, $30,000,000 shall be avaUable
to carry out the provisions of section 208,
$120,000,000 shall be available to clrry out
the provisions of section 209, $15,000,000
shall be available to carry out the provisions
of section 210, $5,000,000 shall be available to
carry out the provisions of section 212; $400,-
000,000 for the fiscal year ending June 30,
1975, of which $20,000,000 shall be available
to carry out the provisions of section 207,
$50,000,000 shall be available to carry out the
provisions of section 208, $270,000,000 shall
be available to carry out the provisions of
section 209, $30,000,000 shall be available to
carry out the provisions of section 210, $10,-
000,000 shall be available to carry out the
provisions of section 211, and $20,000,000
shall be available to carry out the provisions
of section 212; and $600,000,000 for the fiscal
year ending June 30, 1976, which $10,000,000
shall be available to carry out the provisions
of section 207, $60,000,000 shall be available
to cany out the provisions of section 208,
$400,000,000 shall be available to carry out
the provisions of section 209. $60,000,000 shall
be avaUable to carry out the provisions of
section 210. $15,000,000 shall be avaUable to
carry out the provisions of section 211, and
$55,000,000 shall be available to carry out the
provisions of section 212.
(b) Funds appropriated pursuant to sub-
section (a) of this section shall remalh avaU-
ble for obligation, for expenditure, or for
obligation and expenditure, for such period
or periods as may be specified In Acts making
such appropriations.
TITLE III— TRANSITION OF TECHNICAL
MANPOWER TO CIVILIAN PROGRAMS
SHORT TrrLE
Sec. 301. This title may be cited as the
"Technical Manpower Transition Act".
ATTTHORITY OF THE NATIONAL SCIENCE
FOUNDATION
Sec. 302. The Foundation is authorized to
plan and assist In the transition of scientific
and technical manpower from research and
engineering programs which have been ter-
minated or significantly reduced to other
January k, 1973
CONGRESSIONAL RECORD — SENATE
207
civilian-oriented research and engineering
activities.
ADVISORY PANEL ON TRANSmON OF SCTfS-
TIFIC AND TECHNICAL MANPOWER TO CIVILUN
PROGRAMS
Sec. 303. (a) There is hereby established an
Advisory Panel on Transition of Scientific
and Technical Manpower to Civilian Programs
to be composed of thirty-one members, of
whom eighteen members shall be appointed
by the Director for terms of three years, and
of thirteen ex officio members designated In
subsection (C) of this section. Appointed
members shall be chosen from among persons
who have, by reason of experience or accom-
plishments, demonstrated their qualifications
to serve on the Panel, In equal numbers from
the following categories:
(li Engineering and natural sciences, In-
cluding the environmental sciences;
( 2 1 Economics and social sciences;
(3) Industry; x
(4) Labor;
(5) Public affairs, education, and man-
power training; and
(6) Unemployed or underemployed scien-
tists, engineers, and technicians.
(b)(1) Of the members first appointed, six
shall be appointed for a term of one year, six
shall be appointed for a term of two years,
and six shall be appointed for a term of three
years, as designated by the Director at the
time of appointment.
(2i Any member appointed to fill a va-
cancy occurring prior to the expiration of
the term for which his predecessor was ap-
pointed shall be appointed only for the re-
mainder of such term. Members shall be
eligible for reappointment and may serve
after the expiration of their terms until their
successors have taken office.
(3) Any vacancy on the Panel shall not
affect its powers, but shall be filled in the
same manner by which the original appoint-
ment was made.
(4) Each appointed member of the Panel
shall, while serving on business of the Panel,
be entitled to receive compensation at a rate
not to exceed the daily rate prescribed for
GS-18 of the General Schedule under sec-
tion 5332 of title 5, United States Code, in-
cluding traveltime. and while so serving away
from their homes or regular places of busi-
ness, they may be allowed travel expenses,
including per diem in lieu of subsistence, in
the sfime manner as the expenses authorized
by sertion 5703(b) of title 5, United States
Code, for persons in the Government service
employed intermittently.
(5) Eleven of the voting members of the
Panel shall constitute a quorum necessary
for the transaction of official business.
(c) The Panel shall annually elect one of
its appointed mrmhrrr itn ~rr"r as chairman
unti: the next election. The*Puiml shall meet
at the call of the chairman, but not less often
than four times a year. The Associate Director
for ClvU Science Systems; the Chairman of
the Council of Economic Advisers: the Assist-
ant Secretary of Commerce for Science and
Technology; the Assistant Secretary of Labor
fcr Manpower; the Assistant Director for Eco-
nomic Affairs of the United States Arms Con-
trol and Disarmament Agency; the Admin-
istrator of the National Aeronautics and
Sp^ce Administration; the Director of De-
fense Research and Engineering; the Chair-
man of the Atomic Energy Commission; the
Commissioner of Education; and the Assist-
ant Secretary of Health. Education, and Wel-
fare for Health and Scientific Affairs shall be
ex officio nonvoting members of the Panel.
(d) A representative designated by the Na-
tional Governors Conference; a representa-
tive designated by the National Association
of Counties; and a representative jointly des-
ignated by the National League of Cities and
the United States Conference of Mayors shall
be voting ex officio members of the Panel.
(e) The Panel shall—
(1) advise the Director, with respect to the
discharge of his responslbUltles under this
title:
(2) review and evaluate the effectiveness
of Federal programs under this title;
(3) prepare and submit such Interim re-
ports as It deems advisable, and an annual
report of Its findings and recommendations,
together with any recommendation for
changes in the provisions of this title; and
(4) disseminate Its findings and recom-
mendations to such extent and in such man-
ner as it deems effective and advisable.
(f) The Director shall make avaUable to
the Panel such staff. Information, and other
assistance as It may require to carry out its
activities.
RESEARCH ON TRANSITION TO CIVILIAN PROGRAMS
Sec. 304. From funds avaUable pursuant to
section 313. the Foundation Is authorized to —
(1) make grants to, or to enter into con-
tracts with, academic Institutions, nonprofit
institutes and organizations, public agencies,
and private business firms, for the conduct
of research designed to study and appraise
the social, economic, and managerial as-
pects of transition from defense research and
engineering activities to civilian-oriented re-
search and engineering activities; and
(2) disseminate publicly, or enter into con-
tracts with academic Institutions, nonprofit
institutes and organizations, public agencies,
and private business firms for the public
dissemination of, the significant results of
such research conducted under subsection
(1) of this section, as appear likely to aid In
the transition from defense research and
engineering activities to civUlan-oriented re-
search and engineering activities, particularly
those directed toward the resolution of pri-
ority national problems; as Identified under
section 103.
ASSISTANCE TO STATE AND LOCAL
GOVERNMENTS
Sec. 305. (a) From funds avaUable pursu-
ant to section 313, the Foundation is au-
thorized to make grants to State and local
governments and regional governmental
agencies for —
(1) the conduct of programs at the State,
local, or regional level, which are designed
to facUltate the transition of scientific and
technical activities to clvUian programs with-
in the particular State, local, or regional
areas; and
(2) the hiring of currently unemployed or
underemployed scientists, engineers, and
technicians to work within State, local, or
regional governmental agencies in positions
which utUlze their technical skills.
(b) The Director shall prescribe applicable
salary rates for different types of technical
positions m different areas of the country,
none of which shall exceed the rate paid a
person occupying grade GS-13, step 1.
(c) No one hired by a State, local, or re-
gional governmental agency under this sec-
tion may —
(1) receive compensiatlon from Federal
funds at a rate which exceeds the applicable
rate as set by the Director; or
(2) remain In a position compensated un-
der this section for a period In excess of two
years.
TRAINING GOVERNMENT OFFICIALS
Sec. 306. (a) From funds available pur-
suant to section 313, the Foundation Is au-
thorized to make grants to, and to enter
Into contracts with, academic Institutions,
nonprofit institutes and organizations, and
private business firms, for the purpose of
their planning, developing, strengthening, or
operating training programs for oflicers and
employees of Federal, State, and local gov-
ernment who wUl be responsible for, or par-
ticipate in, determining or administering
government-assisted or conducted programs
for civUlan, socially oriented research and en-
gineering activities.
(b) Such training programs will be di-
rected at (1) acquantlng the program par-
ticipants with the potential contributions
of science and technology to the resolutloa
of public problems In such priority areas as
are identified pursuant to this Act; and (2)
teaching such participants how to utilize
scientific and technical talent In an efifectlv©
and economical manner.
(c) Organizations conducting such train-
ing programs may not charge any fee to a
participant or participant's agency, which is
not permitted by such regulations as the
Foundation may prescribe.
(d) Participants in such training programs
wUl be selected by the grantee or contractor
from nominations made by Interested gov-
ernment agencies, in accordance with such
criteria and regulations as the Foundation
may prescribe.
GOVERNMENT EMPLOYEE PARTICIPATION
Sec. 307 (a) From funds avaUable pur-
suant to section 313. the Foundation Is au-
thorized to transfer funds to other depart-
ments and agencies of the Federal Govern-
ment, and to make grants to. and to enter
Into contracts with. State, regional, and lo-
cal government agencies for the purpose of
paying the travel and subsistence expenses
of government employees Incurred In con-
nection with their participation in training
programs carried out under section 306.
(b) Executive agencies of Federal, State,
and local government are encouraged, to the
extent consistent with efficient administra-
tion, to provide opportunities for appro-
priate officers and employees of such agen-
cies to participate In training programs car-
ried out under section 306.
COMMUNITY CONVERSION CORPORATION
Sec. 308. (a) From funds avaUable pur-
suant to section 313, the Foundation Is au-
thorized to make grants to, or enter Into
contracts with, local governments or non-
profit corporations for the establishment
and operation of community conversion cor-
porations, which —
(1) function as nonprofit corporations:
(2) operate under the direction of a Board
of Directors which is representative of a
wide range of community interests. Including
citizen group and consumer participation,
selected in accordance with such criteria as
may be prescribed by the Foundation;
(3) conduct, contract lor, or stimulate the
conduct of clvlUan-orlented research and
development activities which focus on the
■ particular problems, or draw on the partic-
ular resources, of the community within
which the corpdVation Is located; and
(4) give preference In personnel recruit-
ment to unemployed or underemployed scien-
tists, engineers, and technicians, provided
that they meet necessary qualifications for
effective Job performance.
(b) Existing nonprofit corporations are
eligible to apply as community conversion
corporations for financial assistance under
this section, if such corporations meet the
qualifications set forth under subsection
(a) of this section.
(c) Each community conversion corpora-
tion receiving a grant or contract from the
National Science Foundation Is encouraged
to seek additional financial support and
payment for services from other agencies of
Federal. State, or local government, private
foundations, community organizations, and
private business firms; and the National
Science Foundation wUl give preference in
awarding such commiuilty conversion grants
or contracts to those corporations which
show a likelihood of being able to obtain
such additional financial support.
(d) The receipt by a community conver-
sion corporation of a grant or contract from
the National Science Foundation under this
section does not make said corporation In-
eligible to receive other categories of grants
and contracts from the Foundation.
(e) In awarding grants or contracts to com-
munity conversion corporations for specific
08
CONGRESSIONAL RECORD — SENATE
Jannanj 4, 1973
jesearch and development projects, the
1 foundation wUl give preference to those
] irojects which offer the most promise of
i.ldlng In the resolution of national prob-
lems in priority areas as Identified under
section 103.
JOB TRANSITION PHOCRAMS
Sec. 309. (a) From funds available pur-
suant to section 313, the Foundation is au-
horlzed. upon application, to make Job
1 ransltion grants to nonprofit Institutes and
< rganizatlons and to private business firms
la order to enable them to hire scientists,
<nglneers, and technicians for work on proj-
ects for which they are not yet fully quall-
1 ed. Each such application shall contain
I rovlslon to assure that —
( 1 ) such projects shall consist of clvlllan-
( riented research and engineering activities;
(2) the personnel participating In such
J >b transition programs shall be selected
i rom unemployed or underemployed appli-
c ints by the grantees, In accordance with
s uch criteria and regulations as shall be pre-
s:ribed by the Foundation, including the re-
c ulrement that the participants shall have
a reasonable prospect of achieving full Job
c uallficatlon within a stipulated period of
time;
( 3 ) the personnel participating In such
programs shall be afforded a reasonable op-
p artunity to attend specialized trafcilng
c lurses when such courses are deem«[ by
t le graiitee to be necessary to supplement
t ic on-the-job training of the participant;
and
14 1 no one may continue, or be selected,
t ) partic.pate in a Job transition program
I nder this section after such time that he
receives a career transition fellowship under
s?ction 310.
lb) All significant scientific and technical
1 iformatlon which is generated by the per-
sjnnel participating In such programs shall
te made available for public use, in accord-
ance with such procedures as shall be pre-
s:rlbed by the Foundation.
CAREER TRANSITION FELLOWSHIPS
Sec 310. (a) From funds available pur-
s lant to sect{^^13, the Foundation Is au-
t lorized to award career transition fellow-
s lips to unemployed or underemployed sclen-
t sts, engineers, and technicians to enable
t lem to pursue a course of study through
■3 hich they can acquire specialized technical
V nowledge and skills in fields other than the
0 nes In which they are already proficient.
(b) The Foundation shalUallocate fellow-
silps under this section in such manner, In-
S3far as practicable, as will —
( 1 ) attract highly qualified applicants: and
(2) provide an equitable distribution of
s .ich fellov.-ships throughout those areas of
t le United States which are exfierlenclng a
li igher than average level of technical un-
e Tiployment.
i or the purpose of this section, the Founda-
t on shall consult i^-ith^the Secretary of Labor
t) establish for each*'region In the United
States the average level of technical unem-
F loyment.
(C) The Foundation shall award at least
1 0 per centum but not to exceed 20 per cen-
t im of the fellowships awarded under this
3!ction to scientists, engineers, and tech-
r icians who have completed their formal
a rademlc education within a five-year period
prior to award of the fellowship, as certified
i: i accordance with such regulations as the
1 oundation may prescribe.
(dl The Foundation shall pay to jjersons
a warded fellowships under this section such
s;ipends (lnclu<^^jg such allowances for sub-
sstence, health insurance, relocation ex-
p snses. Job placement expenses, and other
e ipenses for such persons and their depend-
eiits) aa it may prescribe by regulation.
(e) Fellowships shall be awarded under
t lis section upon application made at such
t mes and containing such Information as
t le Foundation shall by regulation require.
PLACEMENT ASSISTANCE
Sec. 311. (a) From funds available pur-
suant to section 313. the Foundation Is au-
thorized to transfer funds to other depart-
ments and agencies of the Federal Govern-
ment, and to make grants to, and to enter
Into contracts with scientific, professional,
technical, and business associations, and
labor unions In order to establish and
operate placement programs for unemployed
or underemployed scientists, engineers, and
technicians.
(b) Such giants and contracts may include
provision for relocation expenses of the In-
dividual participant and his family when
necessary, in accordance with such regula-
tions as the Foundation shall prescribe.
(c) Grantees and contractors shall select
applicants for such placement assistance In
accordance with such criteria and regula-
tions as the Foundation shall prescribe.
(d) No one shall be eligible for p acement
assistance under this section whe-. he Is —
(1) a participant In a Job transition pro-
gram under sectiqfti 309: or
(2) a recipient of a caz-.-^- transition fel-
lowship under section o.O.
EDUCATION PROGRAM
Sec. 312. Prom funds available pursuant to
section 313, the Foundation Is authorized
to make grants to, and to enter Into con-
tracts with, academic Institutions, nonprofit
Institutes and organizations, and private
business firms, for the purpose of their
planning, developing, strengthening, or carry-
ing out education programs which design
courses and currlculums Intended to prepare
students for careers In civilian, socially
oriented research and engineering activities.
In areas such as pollution control, mass tran-
sit, solid waste disposal systems, public utili-
ties, public safety systems, and health care
technology.
AUTHORIZATION OF APPROPRIATIONS
Sec. 313. (a) There are authorized to be
appropriated $152,000,000 for the fiscal year
ending June 30, 1974, of which $5,000,000
shall be available to carry out the provisions
of section 304. $15,000,000 shall be available
to carry out the provisions of section 305,
$4,500,000 shall be available to carry out the
provisions of section 306, $500,000 shall be
available to carry out the provisions of sec-
tion 307. $30,000,000 shall be available to
carry out the provisions of section 308, $75,-
OOO.OOO shall be available to carry out the
provisions of section 309, $15,000,000 shall
be available to carry out the provisions of
section 310, $5,000,000 shall be avaUable to
carry out the provisions of section 311. and
$2,000,000 shall be available to carry out
the provisions of section 312; $203,000,000
for the fiscal year ending June 30. 1975. of
which $5,000,000 shall be available to carry
out the provisions of section 304, $25,000,000
shall be available to carry out the provisions
of section 305, $9,000,000 shall be available
to carry out the provisions of section 306,
$1,000,000 shall be available to carry out the
provisions of section 307, 330,000,000 shall
be available to carry out the provisions of
section 303, $100,000,000 shall be avaUable
to carry out the provisions of section 309,
$20,000,000 shall tie available to carry out the
provisions of section 310, $10,000,000 shall
be available to carry out the provisions of
section 311, and $3,000,000 shall be available
to carry out the provisions of section 312,
$205,000,000 for the fiscal year ending June
30. 1976, of which $5,000,000 shall be avail-
able to carry out the provisions of section
304, 835.000,000 shall be available to carry
out the provisions of section 305. $4,500,000
shall be available to carry out the provi-
sions of section 306, 8500,000 shall be avail-
able to carry out the provisions of section
307, 830,000,000 shall be available to carry
out the provisions of section 308, $100,000,000
shall be available to carry out the provisions
of section 309, $20,000,000 shall be available
to carry out the provisions of section 310,
$5,000,000 shall be available to carry out the
provisions of section 311. and $5,000,000 shall
be available to carry out the provisions of
section 312.
(b) Funds appropriated pursuant to sub-
section (a) of this section shall remain avail-
able f' r obligation, for expenditure, or for
obligation and expenditure, for such period
or periods as may be specified In Acts making
such appropriations.
TITLE IV— PROTECTION OF PENSION
RIGHTS OP SCIENTISTS AND ENGI-
NEERS
Sec. 401. The Congress finds that because of
rapid and frequent changes in Federal pro-
curement objectives and policies, engineer-
ing and scientific personnel suffer a uniquely
high rate of forfeiture of pension benefits
under private pension plans, as such em-
ployees tend to change employment more
frequently than other workers. The Congress
declares that it Is the policy of the United
States to seek to protect scientists and en-
gineers from such forfeitures by making pro-
tection against forfeiture of pension credits,
otherwise provided, a condition of compliance
with Federal procurement regulations.
Sec. 402. The Director shall develop, in
consultation with appropriate professional
societies and heads of Interested Federal de-
partments and procurement agencies, recom-
mendations for modifications of Federal pro-
curement regulations to Insure that scien-
tists, engineers, and others working in asso-
ciated occupations employed under Federal
procurement, construction, or research con-
tracts or grants shall, to the extent feasible,
be protected against forfeitures of pension
or retirement rights or benefits, otherwise
provided, as a consequence of Job transfers
or loss of employment resulting from termi-
nations or modifications of Federal contracts
or procurement policies.
Sec." 403. Recommended changes In pro-
curement regulations shall be developed by
the Director, as required by section 402, with-
in six months after enactment of this Act,
and shall be published In the Federal Regis-
ter within fifteen days thereafter as proposed
regulations subject to comment by interested
parties.
Sec. 404. After publication under section
403, receipt of comments, and such modifica-
tion of the published proposals as the Di-
rector deems appropriate, the recommended
changes In procurement regulations de-
veloped under this title shall be adopted by
each Federal department and procurement
agency within sixty days thereafter unless
the head of such department or agency deter-
mines that such changes would not be In the
national interest or would not be consistent
with the primary objectives of such depart-
ment or agency.
ADMINISTRATIVE PROVISIONS
Sec. 502. (a) The Director of the Founda-
tion Is authorized, in furtherance of the
purposes and provisions of this Act, to —
( 1 ) appoint such additional personnel as
he deems necessary to carry out this Act;
(2) appoint such advisory committees as
he deems advisable;
(3) procure the services of experts and
consultants in accordance with section 3109
of title 5, United States Code; and
(4) use the services, personnel, facilities,
and information of any other Federal de-
partment or agency, any agency of a State,
or political subdivision thereof, or any pri-
vate research agency with the consent of
such agencies, with or without reimburse-
ment therefor.
(b) Upon request by the Director, each
Federal department or agency Is authorized
to make Its services, personnel, facilities, and
information, including suggestions, esti-
mates, and statistics, available to the great-
est practicable extent to the Director, or hU
designee. In the performance of his func-
tions under this Act.
January If, 1973
CONGRESSIONAL RECORD — SEN ATE
209
(c) The Director shall establish such ad-
ditional divisions or offices within the Foun-
dation as he deems necessary to carry out
his functions under this Act.
PAYMENTS AND WITHHOLDINO
Sec. 503. (a) Payments under this Act may
be made In installments. In advance, or by
way of reimbursement, with necessary ad-
justments on account of underpayment or
overpayment.
(b) Whenever the Director, after giving
reasonable notice and opportunity for hear-
ing to a grantee or contractor under this
Act, finds —
(1) that the program or project for which
such grant or contract was made has been so
changed that It no longer complies with
the provisions of this Act; or
(2) that, in the operation of the program
or project, there is failure to comply sub-
stantially with any such provision —
the Director shall notify such grantee or
contractor of his findings and no further
payments may be made to such grantee or
contractor by him until he is satisfied that
such noncompliance has been or will prompt-
ly be. corrected. The Dire.'tor may authorize
the continuance of payments with respect to
any projects pursuant to this Act which are
being carried out by such grantee to con-
tractor and which are not involved In the
noncompliance.
RECORDS AND AUDIT
Sec. 504. (a) Each recipient of assistance
under this Act pursuant to grants received,
agreements entered Intj, or contracts en-
tered into under other than competitive bid-
ding procedures shall keep such records as
the^Director shall prescribe. Including rec-
ords which fully disclose the amount and
disposition of the proceeds of such assist-
ance, the total cost of the project or under-
taking In connection with which such as-
sistance Is given or used, and the amount of
that portion of the cost of the project or un-
dertaking supplied by other sources, and
such other records as will facilitate sn effec-
tive audit.
(b) The Director and the Comptroller
General of the United States, or any of their
duly authorized representatives, shall have
access for the purpose of audit and examina-
tion to any books, documents, papers, and
records of the recipients that are pertinent
to the assistance received under this Act.
PATENT RIGHTS
Sec 505. (a) Each grant, contract, or other
arrangement executed pursuant to this Act
which relates to scientific research or engi-
neering shall contain provisions governing
the disposition of inventions produced
thereuder In a manner calculated to protect
Individual or organization with which the
public Interest and the equities of the
grant, contract, or other arrangement is exe-
cuted. Nothing In this Act shall be con-
strued to authorize the Foundation to enter
Into any contractual or other arrangement
inconsistent with any provision of law af-
fecting the Issuace or use of patents.
(b) No officer or employee of the Founda-
tion shall acquire, retain, or transfer any
rights, under the patent laws of the United
States or otherwise. In any invention which
he may make or produce In connection with
performing his assigned activities and which
Is directly related to the subject matter
thereof. This subsection shall not be con-
strued to prevent any officer or employee of
the Foundation from executing any appli-
cation for patent on any such Invention for
the purpose of assigning the same to the
Oovernment or its nominee in accordance
with such rules and regulations as the Di-
rector may establish.
By Mr. KENNEDY:
S. 33. A bill to amend the Omnibus
Crime Control and Safe Streets Act of
1968 to authorize group life insurance
programs for public safety oflQcers and to
assist State and local governments to
provide such insurance. Referred to the
Committee on the Judiciary.
PUBLIC SAFETY OFFICERS' GROITP LIFE INSURANCE
ACT OF 197 2
Mr. KENNEDY. Mr. President, I am
introducing a bill to establish a federally
subsidized group life insui-ance program
for State and local public safety oflBcers.
In each of the last two Congresses, the
Senate has adopted this or a similar pro-
gram by overwhelming votes. The bill I
am introducing is identical except for a
technical clarification to the bill we de-
bated and passed last September, and I
hope we may act quickly this year and
obtain favorable House action.
To summarize the bill's provisions, it
would establish a nationwide, federally
subsidized program of group life, acci-
dental death, and dismemberment insur-
ance for State and local public safety
oflBcers. defined to include firefighters,
correctional guards, and court oflBcers. in
addition to police. The plan is patterned
closely after the highly successful Fed-
eral employees' and servicemen's group
life insurance programs, which are avail-
able to all Federal civilian employees
and to members of our Armed Forces.
The Law Enforcement Assistance Ad-
ministration would buy a national group
policy from a nationwide life insurance
carrier so that tlie underlying coverage
would be provided — and much of the ad-
ministrative work would be handled —
by the private sector. The standard re-
insurance formula, favoring small com-
panies, would be used to spread the risk
and the income beyond the principal
carrier.
Any unit of State or general local gov-
ernment could apply to participate in the
program. OflBcers in participating units
could elect noti to be covered; those re-
maining in the pf«sram would have their
share of the premiums deducted from
their wages. Coverage would be at a level
of the oflBcer's annual salary plus S2,000,
starting from a floor of $10,000 coverage
and rising to a maximum of 832,000. Ac-
cidental death and dismemberment in-
surance would be included with usual
double indemnity feature. LEAA would
pay up to one-third of the total cost of
the premiums, leaving the remainder to
be covered by the insured officer or the
employing agency.
Where existing State or local group
life insurance plans provide coverage for
public safety oflBcers, or where it was
desired to establish such a program with-
in a year after the effective date of the
bill, eligible oflBcers would choose by
ballot between the Federal and the State
or local plans. K they chose the State or
local program, it would be eligible for
the same subsidy which would go to the
Federal plan. ^
Totaling the four categories of public
safety officers — police, firefighters, cor-
rectional guards, and court oflBcers — the
bill would make its benefits available to
approximately 700,000 to 900,000 persons
depending on the administrative applica-
tion of its definitions. LEAA's estimate of
the total annual cost to the Federal Gov-
ernment, which must be regarded as the
highest possible figure since it assumes
K
the full one-third Federal subsidy and
100 percent oflBcer participation, is under
$22 million including all Federal admin-
istrative costs, which LEAA estimates at
just over $1 million. For this sum it is
estimated that insurance would be pro-
vided to OflBcers at a total rate of less
than 70 cents per month per thousand
dollars of coverage.
Tliere are many reasons why this pro-
gram is vitally needed. Most tragically
and most prominently of all. the rate of
crippling and killing assaults on oflBcers
is high and rising alarmingly fast. The
number of police killed by criminal acts
rose from 86 in 1969 to 100 in 1970 and
126 in 1971. Firefighters, too. are still
subject to criminal assaults while on
their job; from 1967 through 1969 in-
juries during civil disorders averaged
over 200 per year, and in 1970 the rate
remained almost the same at 195.
Because of these hazards, some public
safety oflBcers find regular life insurance
coverage hard to come by, unusually ex-
pensive, or restricted in the benefits of-
fered. Yet if a public sa!f«ty oflBcer tries,
even though he may run into such obsta-
cles, to buy as much insurance as he
needs for himself and his family, he is
held back by the disgracefully low sala-
ries we so often pay. Further, employer-
aided group plans to remedy the insur-
ance problems of public safety officers
differ widely in their coverage and are
frequently not oflTered at all. In Massa-
chusetts, we have had to establish an
organization called the Hundred Club to
help tide over widows of slain oflBcers.
But there are not a great many such
programs, and a public safety oflBcer
should not have to rely on uncertain
private charity to assure his family of
financial security in the event of his
death.
So because of job hazards, low salaries,
and employer inaction — all factors which
are related to their public service jobs —
many oflBcers and their families are in-
adequately protected against death or
disability on or off the job. Tlijs is one
important problem that is too often over-
looked—that public safety oflBcers' work
situations make it diflBcult or impossible
for many of them to obtain adequate life
insurance to cover them on or off dutj^.
In other words, if we ulsh to respond
adequately to the problems created by
the risks of oflBcers' work, we have to
enact legislation which will help them
whether they are killed or injured on the
job or not. whether by a criminal act or
by accident or by natui-al causes. That is
precisely what this bill would accomplish,
and I am confident that is a major rea-
son why the bill has the enthusiastic
support of the leading police and fire-
fighters' organizations in the country,
including the International Conference
of Police Associations, the Fraternal
Order of Police, the International Asso-
ciation of Chiefs of Police, the National
Sheriffs' Association, and the Interna-
tional Association of Firefighters. .
As many Senators will remember, in
addition to pasing this bill separately
we adopted it also as part of a victims
of crime package which included com-
pensation to civilian victims of crime
and gratuities to survivors of oflBcers
killed in the line of duty. This package
210
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the
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tY
in
his
in
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s
aie
aj
g
bill
ran
see
put together under the leadership of
senior Senator from Arkansas, and
working on that bill with him and
staff we made many improvements
the insurance title which are included
the bill I am introducing today. I
ijpported the victims of crime .jack-
last year, and I support it every bit
strongly now. I am introducing the
i|oup life insurance title as a separate
to give the proper committees a full
r^nge of options, and I will be happy to
the insurance program adopted sepa-
rately or as part of a package.
In conclusion, let me say that I re-
rd this bill as one over which there
be no partisan division. In the last
re.ss I was grateful for the support
attracted from Democrats and Rcpub-
li4ans. conservatives and liberals alike.
is also supported by the major pubhc
y officers" organizations and by
m^ny insurance companies. It will help
th morale and in recruiting and keep-
j good public safety officers, and we
hDpe it will thereby improve the
p^ote.ticn we all roceive. And it will go
long way toward alleviating a serious
iiman problem on which the Federal
vernment is uniquely qualified to act.
e owe these men and women no less,
the time for action is now.
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CONGRESSIONAL RECORD — SENATE
January 4, 1973
I or
i;
I ch
he
ByMr. HOLLINGB:
S. 34. A bill to provide for accelerated
dsearch and development in the care
lid treatment of autistic children, and'
• other purposes. Referred to the Com-
rrtttee on Labor and Public Welfare.
(i'VilE AND TREATMENT OF AUTISTIC CHILDREN
Mr. HOLLINGS. Mr. President, during
c last Congress, I introduced a bill en-
led the Autistic Children Research
t. Since that time, I have had niuner-
5 calls in support of this legislation
)ni national foundations who aid au-
tic children as well as individuals who
ktow an autistic child, and I am rein-
;pducing this bill today.
Autistic cliildren are those with severe
oiders ol communication and behavior
as infantile ab ovption in fantasy
an escape from reality, childhood
(Jhizophrenia. and other childhood psy-
cses.
In m.- own State of South Carolina,,
:-e 3rc more th n 25,000 emotionally
>tu;bed cliiidren In lac, this Ls a ccn-
iva'ive e.iiimale. Of the total. South
rolina has 1,200 ch Idivn needing r-si-
ntial spaces and v e have 44 beds. Or.ly
of the.'e beds are av-ilable for the
veiely disturbed child There irno longr
•m comprehen'-ive program for the
itistic child in my S'a'e and many
ojhers.
With no treatment these children will
eid up in the State mental hospital
r( ceiving nothing but custodial care, and
C( isting the taxpayer more than $2.S0,000
i<Jr each child during their lifetime.
However, it has been shown that with
treatment programs, many of these chii-
d -en can recover completely, many can
b' taught enough self-help skills to allow
them to live and work in half --.v ay houses
a id sheltered work.' hops. Many can learn
tc manage their behavior so that they
will not be management problems when
ti .ey do not need residential care. In the
1 e:
last 10 years there has been abimdant
evidence that these children benefit often
dramatically, from special education
suited to their needs.
My bill provides for a comprehensive
research program. At this point there is
no knovvTi cause or cure for autism. There
has not even been a count of how many
autistic children there are in the country.
It has been estimated by the National
Society for Autistic Children that the
number is somewhere betv^een 200,000
and 800,000. It is disturbing to think
that we know more about the number of
cabbages grown in this country, than the
number of autistic children.
My bill also provides for grants and
loans to any public or nonprofit entity
operating or proposing to operate a res-
idential or nonresidential center with ed-
ucational programs for autistic chi'.drc-n.
This will rectify the problem that we
have in South Carolina where parents
must go outride the State to obtain the
needed facilities for their child. This does
not happen just in South Carolina, but in
many other States as well.
This is vitally needed legislation that
has been overlooked for so many years in
the finely drawn definitions covering the
mentally ill and mentally retarded. These
autistic children have been denied serv-
ices which could have proven so bene-
ficial to their specific needs. It is time
they were given the recognition and care
they need, and I urge my colleagues to
give this bill their prompt attention.
Mr. President, I ask unanimous con-
sent that the bill be printed at this point
in the Record.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
s. 34
A bin to provide for accelerated research and
development in the care and treatment of
autistic children, and for other purposes
AMENDMENT TO THE PUBLIC HEALTH
SERVICE ACT
Sec. 2. Part E of the Public Health Service
Act is amended by adding at the end thereof
the following:
"research program on autism"
"Sec. 446. (a) The Director of the National
Institute of Child Health and Human Devel-
opment shall —
■'111 plan and develop a coordinated autism
research program encompassing the programs
of the National Institutes of Health and re-
lated programs of other research Institutes,
riirt other Federal and non-Federal programs:
" I 2 ) collect, analyze, and disseminate all
data useful in the prevention, diagnosis, and
treatment of autism; and
"(3) establish comprehensive, coordinated
diagnostic arid evaluation procedures that
provide for early detection and effective
guidance for autistic children.
"(b) There are authorized to be appro-
priated to carry out the purposes of this
section such svims as may be necessary.
LEARNING AND CARE CENTERS
"Sec. 447. (a) The Secretary may make
grants, loans, and loan guarantees to any
public or private nonprofit entity operating
or proposing to operate a residential or non-
residential center with education programs
for autistic children.
"(b) A grant, loan, or loan guarantee under
this section may be made only after the
Secretary approves a plan submitted by such
entity submitted In such form and contain-
ing such Information as the Secretary may
require.
"(c) There are authorized to be approprl-
ated to carry out the provisions of this sec-
tion $500,000 for fiscal year 1974 and $5,000,-
000 per annum for fiscal years 1975, 1976,
1977, and 1978.
"(d) For the purposes of this section and
section 446 the term 'autistic' means severe
disorders of communication and behavior
such as Infantile absorption in fantasy as
escape from reality, childhood schizophrenia,
and other child psychoses."
By Mr. HOLLINGS:
S. 35. A bill to amend the Internal
Revenue Code of 1954 to permit the de-
duction without limitations of medical
expanses paid for certain dependents
suffering from physical or mental im-
pairment or defect. Referred to the Com-
mittee on Finance.
Mr. HOLLINGS. Mr. President, I send
to th2 desk a bill, and I ask unanimous
co:isent that it be printed in the Record
at the conclusion of my remarks.
One of the most tragic circumstances
in our socistv is the illness that strikes
children with lingering, painful, and
possibly terminal results. In this age of
technological advancement, tremendous
strides have been made in combating
these conditions; however, the tragic
fact remains that millions of children
are born each year who must struggle
to stay alive. The tragic by product of
such circumstances is, of course, the
plight of the parent, not only emotion-
all/, hut flnanciallv. In addition to the
heartbreak, many times they face intol-
erable financial burdens in striving to
provide the best medical care possible
to combat the illness.
Obviously, such illnesses know no so-
cial or economic boundaries and the fi-
nancial burdens strike both rich and
poor. Ironically, those most tragically
hit are the middle-income families.
Many of our social programs provide
financial assistance and treatment to the
poor. The rich have the financial re-
sources to meet the problem. Middle-
class Americans, however, are faced
many times with the thousands of dol-
lars worth of hospital, doctor, and drug
bills. Savings accounts are wiped out or
prohibited, because of the continuing ex-
pense. Borrowing power at high interest
rates can only go so far. Homes can be
mortgaged and cars can be sold, and
extra work by wife and husband can be
obtained, but in many cases this is still
insufficient.
The bill which I propose would grant
an unlimited tax deduction to families
faced with the crisis of a child suffering
from a lingering illness. Deductions
would include money spent for hospital
bills, doctors' fees, drugs and other care
for a dependent under the age of 19 who
suffers from a physical or mental im-
pairment which has been in existence
for more than 3 months. The illness
would have to result in a substantial loss
of mental process, physical ability, vision,
hearing, or speech.
Over 26 million children and young
people suffer from epilepsy, cerebral
palsy, eye conditions, orthopedic defl-
ciences, speech disorders, and emotional
disturbances requiring long-term care.
The list of such crippling Illnesses Is long
and costs are staggering. Health care
January If, 1973
CONGRESSIONAL RECORD — SENATE
211
costs have risen from $26 billion in 1960
to over $83 billion in fiscal year 1972.
True, this bill would decrease the
amount of revenue received by our Fed-
eral Government, but I feel it is a modest
step, totally consistent with the concern
and compassion our Government should
exhibit. Hence, I urge the bill's favorable
consideration.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
S. 35
A bill to amend the Internal Revenue Code
of 1954 to permit the deduction without
limitations of medical expenses paid for cer-
tain dependents suffering from physical or
mental impairment or defect
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That (a)
section 213(a) of the Internal Revenue Code
of 1954 (relating to deduction of medical,
etc., expenses) is amended —
(1) by inserting ", other than a dependent
to whom paragraph (3) applies," after "sec-
tion 152)" In paragraph (1 );
(2) by striking out "and" at the end of
paragraph ( 1 ) :
(3) by striking out "dependents. ' in para-
graph (2) and inserting in lieu thereof "de-
pendents, other than a dependent to whom
parafer.'.ph (3) appjies, and"; and
(4) by adding after paragraph (2) the fol-
lowing new paragraph :
"(3» the expenses paid during the tax-
able year for medical rare of a dependent
described In subsection (e) (5)."
(bt Section 213(b) of such Code (relating
to limitation with respect to medicine and
drugs) is amended by adding at the end
thereof the following new sentence: "The
preceding sentence shall not apply to
amounts paid for the care of a dependent
to whom subsection (a)(3) applies."
(c) Section 213(e) of such Code (relating
to definitions) is amended by adding at the
end thereof the following new paragraph :
"(5i Subsection (a)(3) shall apply only to
a dependent who —
"(A) has not attained the age of 19 before
the close of the taxable year and is sullering
from a physical or mental impairment or
defect which —
"(1) has been in existence for more than
3 months, and
"(11) results In a substantial loss, or loss
of use in a normal manner, of any substantial
portion of the musculoskeletal system, or re-
sults in a substantial loss of vision, hearing,
or speech; or
"(Bi has attained tlie age of 19 before the
cIo.se of the taxable year and is suffering from
a physical or mental impairment or defect
described in subparagraph (A) which com-
menced prior to attaining such age."
Sec. 2. The amendments made by this Act
shall apply to taxable years beginning on or
after the date of the enactment of this Act.
By Mr. SCHWEIKER:
S. 36. A bill to provide certain protec-
tion against disclosure of information
and the sources of information obtained
by newsmen. Referred to the Committee
on the Judiciary.
Mr. SCHWEIKER. Mr. President, I
introduce today the Protection of News
Sources and News Information Act of
1973.
This bill would protect news personnel
from having to reveal confidential infor-
mation and confidential sources of infor-
mation. It would enact into law the prin-
ciple that the gathering of news Infor-
mation is included in the freedom of the
press guarantees of the first amendment.
My news protection proposal is in two
parts:
First. An absolute protection from rev-
elation of news information or sources of
information before Federal grand juries,
agencies, or departments, and before
either House of, or committee of, the
Congress, and
Second. A qualified protection from
revelation of news information or sources
of information before Federal courts. The
qualified protection could be divested in
criminal court cases by a U.S. district
court if three conditions were met. These
conditions are: First, that there is "prob-
able cause to believe that the person from
whom the information is sought has in-
formation which is clearly relevant to a
specific probable violation of law," sec-
ond, that "the information sought can-
not be obtained by alternative means less
injurious to the gathering and dissemi-
nation of information to the public," and
third, that there us "a compelling and
overriding national interest in the infor-
mation." The burden would be on the
party seeking the news information or
source of information to seek the court
order divesting the protection, and to
prove the existence of the three condi-
tions "by clear and convincing evidence."
I have been concerned in recent
months with the growing use of subpenas
by prosecutors and courts alike to rou-
tinely seek information and sources of in-
formation from reporters. Last June, the
U.S. Supreme Court ruled in the case of
Branzbuig against Hayes that there is no
constitutional privilege for newsmen to
refuse to reveal information or sources of
information, and I fear that this decision
has been interpreted as an open liceose
season on newsmen across the counti:y.
Justice Stewart, in dissenting to tne
Branzburg decision warned that —
The Court thus invites state and federal
authorities to undermine the historic inde-
pendence of the press by attempting to annex
the journalistic profession as an Investigative
arm of government.
As we witness newsmen being shackled
and led to jail, as we read about in-
creased demands by courts, prosecutors,
and grand juries for newsmen to reveal
confidential information and sources of
information, I fear that Justice Stew-
art's fears are being fully realized.
Any exemption from the historic duty
of all citizens to aa^ officials in the
maintenance of a lafivful society must
serve the pubhc intet^st^and involves
delicate balancing processes. We accept
the attorney-client, husband-wife, and
priest-penitent privilege because of the
interests to society of encouraging and
preserving these types of confidential
communications. Similarly, courts do not
require the revelation of the police in-
former, because of the interests to so-
ciety of encouraging this form of confi-
dential information about crime to help
maintain our lawful society.
The freedom of the press, and the free-
dom of the men and women of the press
to develop their stories and their sources
of information, must also receive protec-
tion. On many occasions, the diligence
and hard work by reporters have tmcov-
ered criminal activity, resulting in suc-
cessful prosecution. But we mtist never
allow the reporter to be an agent of the
government, and we must never provide
the slightest discouragement to the re-
porter in seeking to provide information
to the public.
Accordingly, I am proposing an abso-
lute protection against any investigative
and exploratory' use of news men and
women, news information, and sources of
news information by the Government.
This absolute protection precludes the
revelation of news information or sources
of information to any Federal grand
jury, and Federal department or agency,
or to the Congress. This hiifetoric and
basic freedom of the press Of the first
amendment requires strict lihes to in-
sure that the news media are not used for
"fishing expeditions" by Federal bodies.
Once a criminal case is underway in
the courts there may be limited examples
where in the interest of the proper ad-
ministiation of justice, some limited use
of news information may be required by
society.
Justice Stewart, in his dissenting opin-
ion in the Branzburg case, outlined three
basic conditions that would justify the
required testimony of news personnel. In
addition, the Joint Media Committee,
made up of the American Society of
Newspaper Editors, the A.ssociated Press
Managing Editors Association, the Na-
tional Press Photographers Association,
the Radio and Television News Directors
Association, and Sigma Delta Chi, the
professional journalistic society, have
drafted a qualified protection along the
same lines of Justice Stewarts condi-
tions.
I have adopted the Joint Media Com-
mittee qualified protection conditions in
my bill, with the only change being that
I would only apply the qualified protec-
tion to the Fedeial district, appellate,
and Supreme Court situations. Under my
bill, an absolute protection would still be
in effect before other Federal bodies.
Without statutory protection for news
infoi-mation and news sources, much im-
portant information that the public
needs to remain fully informed in our
complex modern life may never come to
light. It is common knowledge that much
news information, and sources of infor-
mation, would never be revealed except
in strict confidence, and it is our duty to
insure, as a matter of public policy, that
news confidences should be encouraged
and protected from disclosure. The num-
ber of individual wrongdoers publicized
in the media who are not prosecuted be-
cause of a news source protection would
be infinitesimal, in my view, compared
to the widespread disclosure of wrong-
doing and corruption that could be elim-
inated if news sources dried up for fear
of being revealed to Federal investigatory
bodies.
Justice Stewart eloquently summed up
the importance of news confidences in
his Branzburg dissent :
The reporter's constitutional right to a
confidential relationship with his source
stems from the broad societal Interest In a
full and free flow of information to the pub-
lic. It Is this basic concern that underlies the
Constitution's protection of a free press.
In the majority opinion of the Branz-
burg case, Justice White said:
212
CONGRESSIONAL RECORD — SENATE
January ^, 1973
Congress has freedom to determine wheth-
ei a statutory newsman's privilege Is neces-
si r\' and desirable and to fashion standards
ai id rules as narrow or broad as deemed neces-
si.ry to address the evil discerned, and
eiiually important, to re-fashion those rules
a i experience from time to time may dictate.
I agree and feel Congress should act
ij nmediately to provide such statutory
p rotection now. If experience dictates re-
V sion.-then we can address ourselves to
t lat situation. But for the moment, we
must enact the principle of a Federal
newsmen's privilege to insure the main-
t( tnance of the first amendment right to
gither, publish, and distribute news. I
urge swift action by the Congress.
Mr. President. I ask unanimous con-
s' ;nt that the full text of the Protection
0" News Sources and News Information
i^ct of 1973 be printed in the Record at
tie conclusion of my remarks.
There being no objection, the bill was
ordered to be printed in the Record, as
f )llows :
s. 36
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That this Act
n ay be cited as the "Protection of News
SDurces and News Infornaatlon Act of 1973."
Sec. 2. No person shall be required by any
g-and Jury, agency, department, or commls-
s on of the United States or by either House
o : or any committee of Congress to disclose
aiy information or communication or the
source of any Information or communica-
t on received, obtained or procured by that
p»rson in his or her capacity as a reporter.
e Utor. commentator, Journalist, writer, cor-
nspondent, announcer or other person di-
nctly engaged in the gathering or presenta-
t on of news for any newspaper, periodical,
press association, newspaper syndicate, wire
s Tvice, radio or television station or network
0 ■ cable television system.
Sec. 3. Except as provided In section 4, no
p >rson shall be required by any court of the
tnit^d States to disclose any Information
0- communication or the source of any In-
f jrmation or communication received, ob-
t lined, or procured by that person in his or
t er capacity as a reporter, editor, commenta-
t >r. Journalist, writer, correspondent, an-
r ouncer, or other person directly engaged In
t le gathering or presentation of news for
a tiy newspaper, periodical, press association,
tewspaper syndicate, wire service, radio or
t (levislon station or network, or cable tele-
V Lslon system.
Sec. 4. Any person seeking Information or
t le source thereof protected under section 3
of this Act may apply to the United States
1 Istrlct Court for an order divesting such
p rotection. Such application shall be made to
t le district court in the district wherein the
1- earing, action, or other proceeding in which
t le Information is sought Is pending. The
8 pplicatlon shall be granted only If the court
e fter hearing the parties determines that the
person seeking the Information has shown
ty clear and convincing evidence that (1)
t lere Is probable cause to believe that the
p erson from whom the Information is sought
1: as Information which Is clearly relevant to
a specific probable violation of law; (2) has
demonstrated that the information sought
c annot be obtained by alternative means less
Injurious to the gathering and dlssemina-
t.on of information to the public; and (3)
1: as demonstrated a compelling and over-
rldlng national Interest In the Information.
By Mr. METCALF ffor himself,
Mr. Ervin, Mr. Nexson, and Mr.
Hatfield) :
S. 37. A bill to amend the Budget and
Accounting Act of 1921 to require the ad-
vice and consent of the Senate for ap-
pointments to Director and Deputy Di-
rector of the Office of Management and
Budget. Referred to the Committee on
Govearnment Operations.
Mr. METCALF. Mr. President, on be-
half of the distinguished senior Senator
from North Carolina (Mr. Ervin), the
jimior Senator from Wisconsin (Mr.
Nelson > , the senior Senator from
Oregon (Mr. Hatfield) , and myself, I in-
troduce for appropriate reference a bill
which would require that the Director
and Deputy Director of the Office of
Management and Budget be confirmed by
the Senate.
OMB is no longer the small agency of
accountants which was transferred to the
Executive OflBce from the Treasury De-
partment some 34 years ago to help the
President prepare a budget. Rather, It
has become a superdepartment with life
or death powers over the expenditure of
fimds, the development of programs, the
management of Government, and the
careers of Federal employees.
In the name of the President, it has
become the chief administrative office of
the Government. It determines line-by-
line budget limitations for each agency,
including the regulatory arms of Oon-
gress, beyond which the agencies are
forbidden to tread in the Halls of Con-
" gress. After Congress appropriates the
money and determines its own priorities,
it is the OMB that puts together the pro-
gram of impounding those funds in ac-
cord with the President's priorities. After
Congress passes a law, it is the OMB
that writes the guidelines and regula-
tions for the agencies to be followed in
the enforcement of the congressional
mandate. While the Congress is consid-
ering legislation, it is the OMB that co-
ordinates the Executive's legislative rec-
ommendations and orchestrates the flow
of information which is sought by Con-
gress in making its judgment.
When agencies disagree with each
other, the OMB resolves the conflicts.
When agency heads strike out on their
own, it is the OMB that pressures bu-
reaus and divisions of the agency to force
the agency heads back into line.
The OMB is empowered to do other
things that have a direct impact on Gpv-
ernment pohcy. Under a 1970 Reorga-
nization Plan, it has obtained a major
role in developing management systems,
improved executive talent, informational
systems and program evaluation.
It monitors and coordinates the ap-
proval and administration of grants in
aid to the States and municipalities, in-
cluding direct oversight of Federal re-
gional oflSce coordination.
It has the sole power to clear informa-
tion and investigatory requests to be sub-
mitted by all agencies, including the reg-
ulate rj* agencies, under the Federal Re-
ports Act.
It oversees the management and ex-
penditures of national security programs,
international programs, natural resource
programs and other matters directly af-
fecting the economy and security of the
country.
It makes the ultimate recommenda-
tions on the settling of claims on defense
contracts, and it approves all fiscal
methods of "shoring up" large defense
contractors.
The point is that the Office of Man-
agement and Budget today is an operat-
ing, decisionmaking, administrative
agency just as surely as are the Depart-
ment of Defense, the Departments of
HEW, HUD, and Transportation and the
other operating agencies. It interprets
and implements congressional policy,
and, on occasion, appropriates the legis-
lative function to itself, or in the alterna-
tive emasculates what Congress has
done.
Far from being merely a personal ad-
viser to the President, the Director of the
OMB is the top administrative oflScer of
the executive branch, and as such should
be directly responsive to Congress as well
as to the President.
The argument has been made — and no
doubt will be made again as we take up
this legislation — that the OMB is in the
Executive Office of the President, that it
advises the President, and that he should
be able to choose his own Director with-
out interference from the Senate. This
argument carries with it a second point
that is sometimes overlooked. It is that
if the Director and Deputy Director of
OMB are the President's men, they can-
not be forced by Congress to respond to
questioning. Budget directors do testify,
but only at their option.
The argument in favor of special im-
munity under the cloak of the Presi-
dency wears thin when we look at the
extraordinary political and administra-
tive powers which have been delegated to
the OMB. The argument pales further
when we examine the status of other
offices and directors in the Executive Of-
fice of the President, most of which do
not enjoy such a privileged position.
The Director of the Office of Emer-
gency Preparedness is a key adviser to
the President on a variety of civilian
defense matters, from mobilization to oil
import quotas. Like OMB, it coordinates
Federal programs in national emer-
gencies. Its Director, Deputy Director
and two assistant directors are all sub-
ject to Senate confirmation.
The Office of Science and Technology
provides advice and staff assistance to
the President in developing and evaluat-
ing scientific programs in the interest of
national security. It does not have the
"power of the purse" that OMB does. But
its Director, who is also the President's
science adviser, and its Deputy Director
comes before the Senate for confirma-
tion and are responsive to Congress.
The Office of Telecommunications
Policy w£is recently created by a reor-
ganization plan to advise the President
on national communication policies and
to evaluate and coordinate telecommuni-
cation activities. Both its director and
deputy director are appointed by and
with the advice and consent of the
Senate.
The Council of Economic Advisers ana-
lyzes the national economy and advises
the President as to policies for economic
growth and stability. The Coimcil on
Environmental Quality analyzes environ-
mental conditions and trends; reviews
and assesses Federal programs; and rec-
ommends policies for improving the qual-
ity of our environment. All members of
these two important councils in the Ex-
ecutive Office of the President are subject
to confirmation by the Senate. And all
January k, 1973
CONGRESSIONAL RECORD — SEN ATE
213
testify as to how they arrive at their
analyses and recommendations.
Finally, the Office of Economic Oppor-
tunity has been in the President's office
for more than 8 years. Again, like
the OMB, it assesses the impact of Fed-
eral programs and provides administra-
tive resources and support in the poverty
area. From the beginning, its director,
deputy director and five assistant direc-
tors have been appointed by the Presi-
dent, by and with the advice and consent
of the Senate.
Ratlier than following the rule. OMB
stands out as the glaring exception with
respect to the selection of its directors
and its responsiveness to the Congress.
But let us face the re^l truth here.
This is not any academic exercise in
political science as to appointment
powers with respect to the President's
oflice. There is a very real issue at stake.
It is the exaggerated power of the execu-
tive branch, at the expense of the legis-
lative branch. That exaggeration — that
arrogation, if you will — is based largely
on the expertise and resources of the
Office of Management and Budget — ex-
pertise in budgeting, information, man-
agement policy, and planning — which is
not available to the Congress.
Perhaps the Congress should have its
ovm Office of Management and Budget
or its own Domestic Council. But until
such congressional reform emerges, the
very least that it is entitled to is the
opportunity to inquire into and pass
judgment upon the chief officer of the
President's budget and management
agency, and to insist on a greater degree
of information and advice from that
agency.
It is no secret to this Senator that the
President and his top aides are holding
the Office of Management and Budget
with a tight rein — away from the Con-
gress, away from the press and people,
and away from even their own depart-
ment heads.
It is becoming a closed government
with new and imique methods of execut-
ing policy under the cloak of executive
privilege. The OMB is one vehicle in this
closed process of government wliich re-
quires scrutiny as we move ahead in our
efforts to restore the balance of powers in
American Government.
By Mr. CANNON ( for himself and
Mr. Magnuson > :
S. 38. A bill to amend the Airport and
Airway Development Act of 1970. as
amended, to increase the U.S. share of
allowable project costs under such act;
to amend the Federal Aviation Act of
1958. as amended, to prohibit certain
State taxation of persons in air com-
merce, and for other imrposes. Referred
to the Committee on Commerce
By Mr. CANNON ( for himself, and
Mr. Magnuson, and Mr. Robert
C. Byrd' :
S. 39. A bill to amend the Federal Avia-
tion Act of 1958 to provide a more effec-
tive program to prevent aircraft piracy
and for other purposes. Referred to the
Committee on Commerce.
Mr. CANNON. Mr. President. I send to
the desk two bills for appropriate refer-
ence dealing with pressing civil aviation
problems— both bills passed the Senate
during the 92d Congress, however,
neither was enacted into law. Mr. Presi-
dent, following my introductory remarks
I ask unanimous consent that the two
bills be printed in the Record.
The PRESIDING OFFICER. Without
objection, it is so ordered.
(See exhibits Nos. 1 and 2.)
THE ANTIHIJACKING AND THE AIR TRANSPORTA-
TION SECURiry ACTS OF 1973
Mr. CANNON. Mr. President, the bill I
am sending to the desk is of vital im-
portance to the American traveling pub-
lic. It is nearly identical to the tough
antihijacking bill that the Senate con-
sidered and passed by a vote of 75 to 1
on September 21. As my colleagues know
well, despite our efforts here, adminis-
tration lobbyists were successful in kill-
ing our bill in the House. In fact, Mem-
bers of the House never had an oppor-
tunity to vote on it as several senior
Members of that body kept the Senate-
passed bill from consideration on the
floor.
Shortly after Congress adjourned, two
desperate and fantastic hijacking inci-
dents occurred and resulted in death and
serious injury to innocent bystanders,
again spotlighting the momentous dan-
ger facing the American traveling public
from these desperate and outrageous acts
and the failure of the administration
and the House of Representatives to take
responsible action.
Last month, issuing emergency regu-
lations, the administration proceeded to
tighten and then further weaken its
previously haphazard program to deal
with aircraft piracy. Most important, by
regulation, the administration ordered
that all passengers and their carry-on
possessions be screened or searched prior
to the passengers' boarding aircraft.
This is a highly laudable step and was
the cornerstone of the bill Senator
Magnuson and I sponsored last year. Cer-
tainly the universal requirement of
passenger screening and luggage search
will diminish the opporttmity the would-
be hijacker will have to board an aircraft
carrying concealed weapons.
The other part of the administration's
emergency order, however, in my opinion,
is totally irresponsible and possibly even
contrary to law. The Secretary has
ordered that all airport operating au-
thorities at 531 air carrier airports
throughout the United States hire, train,
and equip local policemen to provide a
local police presence at each airport
gate for each aircraft boarding.
I believe that such an order is a com-
plete and total abdication of the Federal
Government's responsibility to protect
the American traveling public from
criminals who are attempting to violate
Federal, not State, laws. Mr. President,
the U.S. Government presently has more
than 1.700 law enforcement officers
stationed at airports across the United
States to provide a Federal police pres-
ence adequate to search and arrest pas-
sengers attempting to commit crimes
against U.S. law. The Secretary of
Transportation and the President pro-
'Pose to disband this law enforcement
force beginning in July and to force local
governments to provide Icxjal policemen
in its place.
I believe that we uii the Congress must
not stand by while the Federal Gtovem-
ment abandons its responsibility in this
field because I am convinced that local
law-enforcement officials are not the
proper authority to adequately protect
our air transportation system. Even if
they were, I do not believe that such an
imcoordinated and ad hoc force would be
effective in dealing with the potential
threats of skyjacking, extortion, and
other crimes against air transportation.
I believe further, that the American
public expects the U,S, Government to
deal with this problem in a responsible
way and that the public opposes the Gov-
ernment's abandonment of its law-en-
forcement presence at the airports.
Given the current circumstances and
situation, it is imperative that the bill I
introduce today be quickly enacted into
law. My bill will reverse the dangerous
path the administration chooses now to
follow and will establish a tough and re-
sponsible Federal program to protect the
air transportation system from violence.
Let me review for a moment the pro-
visions of this bill which nearly all of my
colleagues supported last year.
First, my bill is designed to provide
the legislation necessary for the United
States to implement the Convention for
the Suppression of Unlawful Seizure of
Aircraftr-the Anti-Hijacking Conven-
tion or Hague Convention — to which the
United States is a party, and which came
into effect on October 14, 1971.
In addition, the bill is designed to pro-
vide the President authority to suspend
air service to any foreign nation which
he determines is encouraging aircraft
hijacking by acting in a manner incon-
sistent with the Hague Treaty and to
suspend foreign air carrier service be-
tween the United States and any nation
which continues to provide for or accept
air service from any nation which the
President has determined is encouraging
hijacking.
The bill provides the Secretary of
Transportation authority to withhold,
revoke or limit the operating authority
of any foreign air carrier whose govern-
ment does not effectively maintain and
administer security measures equal to or
above the minimum standards.
In addition, the bill wiir-require the
FAA Administrator to issue regulations,
as soon as practicable, requiring for at
least the next 12 months, that all passen-
gers and their carry-on property carried
in air transportation involving large air-
craft be screened by weapon detecting
devices, operated by employees of air
carriers, before the passerijgers and their
baggage are boarded. The bill also au-
thorizes the Administrator to acquire and
furnish metal detector devices for this
purpose with funds from the Airport and
Airway Ti-ust Fund. The devices will re-
main U,S, property.
The Administrator of the FAA will
also be required to establish an air trans-
portation security force of sufficient size
to provide a law enforcement presence
nnd capability at airports in the United
States adequate to insure the safety of
passengers from violence and air pirkcy.
The officei-s of such force will have the
authority to:
First, detain and search any per.son
seeking to travel in air transportation to
ascertain whether such person is carry-
!!14
CONGRESSIONAL RECORD — SEN ATE
Jamtary ^, 1973
i ng. unlawfully, a dangerous weapon, ex-
jilosive or other dangerous substance;
Second, search or inspect property
c estined for or in air transportation to
(.etermine whether it unlawfully con-
tains any dangerous weapon, explosive,
(r other dangerous substance;
Third, arrest any person whom he has
leasonable cause to believe has violated
< ir has attempted to violate Federal stat-
utes relating to crimes against aircraft
or against air transportation: and
Fourth, to carry firearms.
In addition, the Administrator is em-
] Kjwered to designate and deputize States
: md local law enforcement ofBcials to e*- I
crcise the authority described above. H
The bill requires that the FAA Ad-^l
ninistrator prescribe regulations re-
iiuiring that airlines refuse to trans-
l)ort persons not consenting to a search
I >f their person or property to determine
vhether dangerous weapons, explosive
I )T Other dangerous substances are being
:arned unlawfully. Further, it provides
hat an agreement for carriage of per-
ons or property in air transportation
! hall be deemed to include an implied
:onsent to search persons and search
md inspeti^t property to determine if
iangerous weapons, and so forth are
)eing carried unlawfully.
The bill also broadens section 902(1)
)f the Federal Aviation Act relating to
carrying weapons aboard aircraft" by
naking it a Federal crime to carry
1 iboard or have carried aboard or placed
iboard an aircraft in air transportation
I concealed explosive or other dangerous
substance. Further, the bill provides that
f concealed weapons, and so forth, are
;arried aboard or placed aboard aircraft
vith reckless disregard for the safety of
luman life, the penalty for such vlola-
;ion of law is not more than 5 years im-
>risonment or a fine of not more than
)5,000. The prohibition against con-
;ealed carriage of weapons, explosives,
)r dangerous substances does not apply
:o law enforcement officers acting within
;heir official capacities and the Admin-
strator is authorized, by regulation, to
exempt other persons from such pro-
libition at his discretion.
Mr. President, this is a tough bill. It
las the support of the aviation com-
nunity including the airline pilots, the
air carriers, the Civil Aeronautics Board,
;he U.S. Senate and, I believe, the Amer-
can public. I feel that this issue is of
such concern and threatens such great
danger that my Subcommittee on Avia-
tion will begin hearings on it next week.
We expect to move quickly and decisive-
ly to get this bill to the floor for early
consideration here in the Senate. Hope-
fully, the House this time will accept
Its responsibility to hold early hearings
ind report a strong bill for the Mem-
bers to consider. Further delay and im-
plementation of the administration's
antihijacking program will only add to
the danger still facing the flying pubUc.
THE AIRPORT ACCELERATION DEVELOPMENT ACT
OP 1973
Mr. President, the second bill I intro-
duce today is titled "The Airport Ac-
celeration Development Act of 1973."
Thls^ bill was passed by the Senate
In Atigust of- 1972, a similar version was
later passed by the House and Senate-
House conferees agreed on a compromise
measure in October. After adoption of
the conference report, the bill was sent
to the White House.
Mr. President, acting after Congress
had adjourned. President Nixon vetoed
this most important bill without giving*
Congress the opportunity to override his
action — the result was the failure of any
legislative action In this vital area. I
assure my colleagues that the bill I intro-
duce today — which is nearly identical to
the version approved by the Senate on
August 10 — will be the subject of speedy
action by the Senate Commerce (Commit-
tee and will be before the Senate for
consideration in just a few weeks. I have
been assured by my colleagues in the
House that the other body will also take
early action on this matter in hopes of
sending it to the White House again early
in the session.
This bill provides a great new source of
funds for airport development and im-
provement throughout the United States.
The bill will reduce substantially the re-
liance on locally generated funds for air-
port development and will place a greater
burden and responsibility on the U.S.
Government to encourage, promote and
finance aviation facilities which are re-
quired in the national air transportation
system.
The bill provides that the cost of this
increased Federal participation will be
borne by the users of the system, not the
general taxpayer. The airlines, airline
passengers and shippers, and aircraft
owners and operators all contribute to
the development of the system by paying
user taxes established in 1970. During
the cuiTent fiscal year those taxes will
filter down to local governments — air-
port sponsors — to meet local and national
needs.
In providing for a greater Federal role
and responsibility in airport development
the bill also prohibits local head taxation
on passengers or on the carriage of pas-
sengers. The Commerce Committee, and
I believe the Senate, believes such tax-
ation to be inimical to the development of
the national system funded in large part
by imiform Federal taxes.
My bill amends the Airport and Air-
way Development Act of 1970 and the
Federal Aviation Act of 1958 so as to
increase Federal financial assistance for
airport development throughout the
Uruted States. It also prohibits the levy-
ing, by State and local governments, of
passenger "head" taxes or use taxes on
the carriage of persons in air transporta-
tion.
The legislation to provide increased
Federal participation in airport develop-
ment grants is required because of the
serious financial diflBcuIties being ex-
perienced by many local government
agencies who bear the responsibility to
build, operated, and maintain the Na-
tioiis system of publicly-owned airports.
The funds required to increase the Fed-
eral share of airport development grants
will come from the airport and airway
trust fund established by the Airport
and Airway Revenue Act of 1970. No
new taxation or no expenditure of gen-
eral U.S. funds will b6 required as a
result of the legislation.
The bill prohibits any government
agency other than the United States from
establishing or levying a passenger head
tax or use tax on the carriage of persons
in air transportation. This prohibition
will insure that passengers and air car-
riers will be taxed at a imiform rate — by
the United States — and that local "head"
taxes will not be permitted to inhibit the
flow of interstate commerce and the
growth and development of air transpor-
tation.
Mr. President, I will briefly review the
provisions of this bill.
Section 2 of the bill amends section
11(2) of the Airport and Airway Devel-
opment Act of 1970 by amending the
definition of "Airport Development" to
include :
First. The construction, alteration, re-
pair, or acquisition of airport passenger
terminal buildings or facilities directly
related to the handling of passengers or
their baggage at the airport. Such devel-
opment is not now eligible for Federal
financial aid.
Second. The acquisition, improvement,
or repair of safety equipment required by
rule or regulation for certification of an
airport under section 612 of the Federal
Aviation Act of 1958, and security equip-
ment required of the sponsor br the Sec-
retary for the safety and security of per-
sons and property on the airport. While
such development is now eligible for Fed-
eral assistance under present law, the
definition is amended to eliminate any
possible ambiguity or doubt to assure
that the definition is all inclusive.
Section 3(a) of the bill increases the
minimum annual authorization for air-
port development grants to air carrier
and reliever airports from the present
$250 million per year to $375 million per
year for fiscal years 1974 and 1975. Simi-
larly, the minimum annual authorization
for general aviation airports is increased
from the present $30 million per year to
$45 million per year for fiscal years 1974
and 1975. This increase in the minimum
annual authorization level reflects the in-
creased Federal financial participation in
airport development grants.
Section 3(b) of the bill increases the
5-year obligational limit imposed by sec-
tion 14(b) of the Airport and Airway De-
velopment Act from S840 million to $1.68
billion. This increase in the obligational
limitation reflects the increase in the
minimum authorization level for airport
development grants for flscal year 1974
and 1975 and our committee's intent that
total obligations for airport development
grants for the 5 -year period 1971 through
1975 be $1.68 billion. The amendment to
section 14(b) also increases the author-
ity to liquidate obligations so that suffi-
cient funds may be appropriated to pay
for increased obligations incurred as a
result of the increased obligational au-
thority for fiscal years 1974 and 1975.
Section 4 of the bill amends section
16(c) (1) of the Airport and Airway De-
velopment Act by providing the Secre-
tary with authority to approve an air-
port development project at airports
where title to the facility is owned by the
United States. This will make it possible
to provide airport development grants
for civil aviation facilities at military
joint-use airports owned by the United
January 4, 1973
CONGRESSIONAL RECORD — SEN ATE
215
states. Because of a technical oversight,
such grant assistance is not now possible
under terms of the 1970 act.
Section 5 of the bill provides that the
United States share of allowable project
costs of airport airfield development
projects is increased from an amount not
to exceed 50 percent to 75 percent at all
airports classified as medium hubs, small
hubs, non hubs, and general aviation air-
ports. Airports classified as large hubs-
there are 22 throughout the United
States — shall continue to be eligible for
Federal assistance, for airfield develop-
ment projects, at a level of 50 percent.
Section 5 further provides that equip-
ment required by regulation of the Fed-
eral Aviation Administration of the Sec-
retary of Transportation for airport
certification or for airport security shall
be eligible for 82-percent Federal par-
ticipation.
Finally, the section provides that air-
port development projects involving ter-
minal area development shall be eligible
for Federal participation at 50 percent of
the allowable project costs.
Section 6 of my bill limits U.S. assist-
ance to projects involving airport termi-
nal area development to only those por-
tions of the terminal directly related to
the movement of passengers and their
baggage. Such development as airport
parking lots, concession areas, and so
forth, are excluded from U.S. financial
assistance.
Section 7 of the bill adds a new section
1113 to the Federal Aviation Act of 1958
prohibiting any tax, fee, head charge, or
other charge directly or indirectly, on
persons traveling in air transportation or
on the carriage of persons in air trans-
portation or on the gross receipts derived
therefrom. The bill allows, however, for
the continuation of the levy and collec-
tion of other reasonable rental charges,
landing fees, and other service charges
for the use of airport facilities.
Summing up, quickly:
First. The bill increases Federal grant-
in-aid payments from 50 percent to 75
percent on airport airfield development
projects at all but the 22 largest airports
in the United States.
Second. Terminal area development
related to the movement of passengers
and their baggage through the airport
will be eligible for 50-percent Federal
funding. Currently, such development is
not eligible for Federal assistance.
Third. Development required as a re-
sult of airport certification regulations or
airport security regulations will be eligi-
ble for grant-in-aid assistance of 82-per-
cent Federal participation. Currently,
Federal participation for this type of
project is limited to 50 percent.
Fourth. Total amounts available for
airport development grants each year is
increased from $280 million to $420 mil-
lion— an increase of $140 million per year
to be financed entirely by user taxes.
Fifth. And fin.-lly. S. 3755 provides a
prohibition against levying or collecting
State and local government passenger
head taxes or taxes on the sale of air
transportation.
Mr. President, the passage of this bill
will have a significant impact on the fi-
nancing of local governmental affairs. At
nearly all of the Nation's almost 3,000
publicly owned and operated air-
ports, the U.S. Government will as-
sume 75 percent of the responsibiUty for
development of new and improved air-
field facilities. And this increased Fed-
eral support will not come from general
tax dollars; it will come from taxes on
the users of the air transportation
system.
The passage of this legislation will en-
able local government bodies, particu-
larly smaller towns,^ counties, and com-
munities to more easily fimd other vital
community programs such as schools,
roads, sewers, police protection, and
o'.her servicen with money which might
have been required for aviation facili-
ties development. With greater Federal
assistance to meet airport needs, scarce
local funds will be available for other
uses.
Mr. President, the Airport and Airway
Development Act of 1970 was landmark
legislation: for the first time it pro-
vided local governments a vast new
source of funds to develop new and im-
proved airports. At the same time it
created a well-funded program to up-
grade, modernize, aftd expand our air
navigation facilities throughout the
United States so as to improve the safety
and efficiency of the system. Mr. Presi-
dent, the act today is working well. With
the changes proposed in my bill the pro-
gram v.ill become even more responsive
to the needs of the national system and to
the needs of local governments who are
partners with the Federal Government
in developing a truly national and uni-
form air transportation system.
Exhibit 1
S. 38
Be it eftacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That this
Act may be cited as the "Airport Develop-
ment Acceleratlou Act of 1973".
Sec. 2. Section 11(2) of the Airport and
Airway Development Act of 1970 (49 U.S.C.
1711) , Is amended to read as follows:
"(2) 'Airport Development' means (A) any
work Involved In constructing. Improving, or
repairing a public airport or portion thereof,
Including the conBtructlon, alteration, repair,
or acquisition of airport passenger terminal
buildings or facilities directly related to the
handling of passengers or their baggage at
the airport, and (B) the removal, lowering,
relocation, marking, and lighting of airport
hazards, and (C) the acquisition, removal.
Improvement, or repair of navigation facili-
ties used by aircraft landing at, or taking off
from, a public airport, and (D) the acquisi-
tion, improvement, or repair of safety equip-
ment required by rule or regulation for cer-
tification of an airport under section 612 of
the Federal Aviation Act of 1958, and (E) se-
curity equipment required of the sponsor by
the Secretary by rule or regulation for the
safety and security of persons and property
on the airport, and (F) any acquisition of
land or of any Interest therein or of any ease-
ment through or other Interest in airspace,
which is necessary to permit any of the above
or to remove, mitigate, prevent, or limit the
establishment of, airport hazards affecting a
public airport."
Sec. 3. (a) Section 14(a) of the Airport
and Airway Development Act of 1970, aa
amended, (49 U.S.C. 1714(a)). Is further
amended —
( 1 ) by striking out "1975" In paragraph { 1 )
and Inserting in lieu thereof "1973, and
$375,000,000 for each of the fiscal years 1974
and 1975";
(2) by striking out "1975" in paragraph
(2) and inserting in lieu tliereof "1973. and
S45. 000.000 for each of the flscal years 1974
and 1975".
(b) Section 14(b) of the Act (49 U.S.C.
1714(b)), is amended —
(1) by striking out "$840,000,000" In the
first sentence thereof and inserting in lieu
thereof "$1,680,000,000";
(2) by striking out the words "extend
beyond" in the second sentence thereof and
by inserting in lieu thereof, the words "be
incurred after"; and
(3) by striking out "and" in the last
sentence thereof and Inserting immediately
before the period ", an aggregate amount ex-
ceeding $1,260,000,000 prior to Junft 30, 1974.
and an aggregate amount exceedlngvj(1.680.-
000.000 prior to June 30. 1975".
Sec 4. Section 16(c) (1) of the Airport and
Airway Development Act of 1970 (49 U.S.C.
1716(c) ) , is amended by inserting in the last
sentence thereof "or the United States or an
agency thereof" after "public agency".
Sec 5. Section 17 of the Airport and Air-
way Development Act of 1970 (49 U.S.C.
1717) . relating to United States share of proj-
ect costs, is amended —
(1) by striking out subsection (a) of such
section and inserting in lieu thereof the fol-
lowing :
"(a) General provision. — Except as other-
wise provided in this section, the United
States share of allowable project costs pay-
able on account of any approved airport de-
velopment project submitted under section
16 of this part shall be —
"(1) 50 per centum for sponsors whose
airports enplane not less than 1.00 per cen-
tum of the total annual passengers enplaned
by air carriers certificated by the Civil Aero-
nautics Board; and
"(2) 75 per centum for sponsors whose
airports enplane less than 1.00 per centum
of the total annual number of passengers
enplaned by air carriers certificated by the
Civil Aeronautics Board."
(2) by adding a new subsection as follows:
"(e) Safety certification and secubitt
EQUIPMENT.
"(1) To the extent that the project cost of
an approved project for airport development
represents the cost of safety equipment re-
quired by rule or regulation for certification
of an airport under section 612 of the Fed-
eral Aviation Act of 1958 the United States
shall shall be 82 per centum of the allow-
able cost thereof with respect to airport de-
velopment project grant agreements entered
into after May 10, 1971.
"(2) To the extent that the project cost
of an approved project for airport develop-
ment represents the cost of security equip-
ment required by the Secretary by rule or
regulation, the United States share shall be
82 per centum of the allowable cost thereof
with respect to airport development project
grant agreements entered into after Septem-
ber 28. 1971."
(3) by adding a new subsection as follows:
"(g) PTTBLIC use FACnjTIES IN TERMINAL
BUILDINGS. — To the extent that the project
cost of an approved project for airport de-
velopment represents the cost of construct-
ing, altering, repairing, or acquiring build-
ings or facilities directly related to the
handling of passengers or their baggage at
the airport, the United States share shall be
50 per centum of the allowable costs
thereof."
Sec. 6. Section 20(b) of the Airport and
Airway Development Act of 1970 (49 U.S.C.
1720(b) ), relating to airport project costs, is
amended to read as follows:
"(b) Costs not allowed. — The following
are not allowable project costs: (1) the cost
of construction of that part of an airport de-
velopment project Intended for use as a
public parking facility for passenger auto-
mobiles; or (2) the cost of construction,
alteration, repair, or acqulBltion of an hangar
or of any part of an airport building or
2 6
fa jlllty except such of those buildings, parts
ol buildings, facilities, or activities as are
dij-ectly related to the safety of persons at
airport or directly related to the handling
pa-ssengers or their baggage at the alr-
tte i
ol
p<rt.'
c
1
Oil
g
I
CONGRESSIONAL RECORD — SENATE
January U, 1973
Sec. 7. (a I Title XI of the Federal Aviation
Ai t of 1958 Is amended by adding at the end
tl-ereof the following new section:
"State Taxation of Air Commerce
•■Sec. 1113. (a) No State (or political sub-
division thereof. Including the Common-
w ;alth of Puerto Rico, the Virgin Islands,
Giam, the District of Columbia, the terrl-
tcrles or possessions of the United States or
political agencies of two or more States)
si all levy or collect a tax, fee, head charge, or
ol her charge, directly or indirectly, on per-
s( ns traveling In air commerce or on the car-
ri ige of persons traveling In air commerce or
oil the sale of air transportation or on the
gioss receipts derived therefrom: Provided,
funcever. That any State (or political sub-
d vision thereof, including the Common-,
\v;alth of Puerto Rico, the Virgin Islands,
Guam, the District of Columbia, the terrl-
t( rles or possessions of the United States or
p >lltical agencies of two or more States)
w blch levied and collected a tax, fee, head
1 large, or other charge', directly or indlrect-
( . on persons traveling In air commerce or
the carriage of persons traveling In air
cimir.erce or on the sale of air transporta-
tion cr on the gross receipts derived there-
fiom prior to May 21, 1970, shall be exempt
fi om the provisions of this subsection until
J ily 1. 1973.
"(b) Nothing herein shall prohibit a State
(i>r political subdivision thereof. Including
the Commonwealth of Puerto Rico, the Vlr-
g n Islands, Guam, the District of Columbia,
tl le territories or possessions of the United
S :ates or political agencies of two or more
S;ates) from the levy or collection of taxes
o her than those enumerated In subsection
( u of this section. Including property taxes,
n»t Income taxes, franchise taxes, and sales
o • use taxes on the sale of goods or services;
a Id nothing herein shall prohibit a State
( )r political subdivision thereof, including
tpe Commonwealth of Puerto Rico, the Vlr-
n Islands, Guam, the District of Columbia,
le territories or possessions of the United
S tates or political agencies of two or more
S tates I owning or operating an airport from
li vying or collecting reasonable rental
c larges. landing fees, and other service
c larges from aircraft operators for the use
or airport facilities. i
"(c) In the case of any airport operating
a athority which —
"(1) has an outstanding obligation to re-
p ay a loan or loans of amounts borrowed and
e cpended for airport Improvements:
"(2) is collecting, without air carrier as-
s stance, a head tax on passengers in air
t -ansportatlon for the use of Its facilities;
and
"(3) has no authority to collect any other
t ,-pe of tax to repay such loan or loans,
t le provisions of subsection (a") shall not ap-
f ly to such authority until July 1, 1973."
(b) That portion of the table of contents
c sntained In the first section of such Act
V hich appears under the center heading
• TITLE XI— MISCELLANEOUS" is amended
ly adding at the end thereof the following:
Sec. 113 State taxation of air commerce.".
Sec. 8. Section 12(a) of the Airport and
y.in^'ay Development Act of 1970 (49 U S.C.
1712), is amended by striking out the words
' two years" in the first sentence thereof and
t y Inserting in lieu thereof "three years".
L I
Exhibit 2
S. 39
Be it enacted by the Senate and House
( / Representatives of the United States of
America in Congress assembled.
TiTLZ I — Anti-Hijacking Act of 1973
Sec. 101. This title may be cited as the
"Antl-HlJacklng Act of 1973".
Sec. 102. Section 101(32) of the Federal
Aviation Act of 1958, as amended (49 U.S.C.
1301(32) ), Is amended to read as follows:
"(32) The term 'special aircraft Juris-
diction of the United States' Includes —
"(a) civil aircraft of the United States:
"(b) aircraft of the national defense forces
of the United States;
"(c) any other aircraft within the United
States;
"(d) any other aircraft outside the United
States —
"(1) that has Its next scheduled destina-
tion or last point of departure In the United
States, if that aircraft next actually lands
in the Unled States; or
"(11) having 'an offense', as defined In the
Convention for the Suppression of Unlaw-
ful Seizure of Aircraft, committed aboard.
If that aircraft lands In the United States
with the alleged offender still aboard; and
"(e) other aircraft leased without crew
to a lessee who has his principal place of
business- In the United States, or If none, who
has his permanent residence In the United
States;
whUe that aircraft is In flight, which Is from
the moment when all the external doors are
closed following embarkation until the
moment when one such door Is opened for
disembarkation, or In the case of a forced
landing, until the competent authorities
take over the responsibility for the aircraft
and for the persons and property abroad."
Sec. 103. Section 902 of the Federal Avia-
tion Act of 1958, as amended (49 U.S.C. 1472) .
is amended as follows :
(a) By striking out the words "violence
and ' In subsection (1) (2) thereof, and by
Inserting the words "violence, or by any
other form of Intimidation, and" in place
thereof:
(b) By redesignating subsections (n) and
(o) thereof as "(o)" and "(p)", respectively,
and by adding the following new subsection:
"AmcHArT Piracy Outside Special Aircraft
Jurisdiction of the United States
"(n)(l) Whoever aboard an aircraft in
flight outside the special aircraft Jurisdiction
of the United States commits 'an offense', as
defined In the Convention for the Suppres-
sion of Unlawful Seizure of Aircraft, and Is
afterward found In the United States shall
be punished —
"(A) by death If the verdict of the Jury
shall so recommend, or, In the case of a plea
of guilty, or a plea of not guUty where the
defendant has waived a trial by jury. If the
court In Its discretion shall so order; or
"(B) by Imprisonment for not less than
twenty years, if the death penalty Is not
Imposed.
"(2) A person commits 'an offense', as de-
fined In the Convention for the Suppression
of Unlawful Seizure of Aircraft when, while
aboard an aircraft In flight, he —
"(A) unlawfully, by force or threat thereof,
or by any other form of Intimidation seizes,
or exercises control of, that aircraft, or at-
tempts to perform any such act; or
"(B) Is an accomplice of a person who per-
forms or attempts to perform any such act.
"(3) This subsection shall only be appli-
cable If the place of takeoff or the place of
actual landing of the aircraft on board which
the offense as defined In paragraph 2 of this
subsection Is committed Is situated outside
the territory of the State of registration of
that aircraft.
"(4) For purposes of this subsection an
aircraft Is considered to be In flight from the
moment when all the external doors are
closed following embarkation until the
moment when one such door Is opened for
disembarkation, or In the case of a forced
landing, until the competent authorities take
over responsibility for the aircraft and for
the persons and property aboard."
(c) By amending redesignated subsection
(o) thereof by striking out the reference
"(m)". and by inserting the reference "(n)"
in place thereof: and
Sec. 104. (a) Title XI of the Federal Avia-
tion Act of 1958 Is amended by adding a new
section 1114 as follows:
"SUSPENSION OF AIR SERVICES
"Sec. 1114. (a) Whenever the President de-
termines that a foreign nation Is acting In a
manner InconVistent with the Convention for
the Suppression of Unlawful Seizure of Air-
craft, or if he determines that a foreign na-
tion Is used as a base of operations or train-
ing or as a sanctuary or which arms, aids, or
abets in any way. terrorist organizations
which knowingly use the illegal seizure of
aircraft or the threat thereof as an Instru-
ment of policy, he may. without notice or
hearing and for as long as he determines nec-
essary to assure the security of aircraft
against unlawful seizure, suspend (1) the
right of any air carrier and foreign air car-
rier to engage In foreign air transportation,
and any persons to operate aircraft in foreign
air commerce, to and from that foreign na-
tion, and (2) the right of any foreign air
carrier to engage In foreign air transporta-
tion, and any foreign person to operate air-
craft in foreign air commerce, between the
United States and any foreign nation which
maintains air service between Itself and that
foreign nation. Notwithstanding section 1102
of this Act, the President's authority to sus-
pend rights in this manner shall be deemed
to be a condition to any certificate of public
convenience and necessity or foreign air car-
rier or foreign aircraft permit Issued by the
Civil Aeronautics Board and any air carrier
operating certificate or foreign air carrier
operating specification Issued by the Secre-
tary of Transportation.
"(b) It shall be Unlawful for any air car-
rier or foreign air carrier to engage in foreign
air transportation, or any person to operate
aircraft in foreign air commerce, in violation
of the suspension of rights by the President
under this section.".
(b) Title XI of the Federal Aviation Act
of 1958 Is amended by adding a new section
1115 as follows:
"security standaros in foreign air
transportation
"Sec. 1115. (a) Not later than thirty days
after the date of enactment of this Act the
Secretary of State shall notify each nation
with which the United States has a bilateral
air transport agreement or. In the absence of
such agreement, each nation whose airline
or airlines hold a foreign air carrier permit
or permits Issued pursuant to section 402 of
the Federal Aviation Act of 1958, of the pro-
visions of subsection (b) of this section.
"(b) In any case where the Secretary of
Trt-isportatlon, after consultation with the
competent aeronautical authorities of a for-
eign nation with which the United States
has a bilateral air transport agreement and
In accordance with the provisions of that
agreement or, in the absence of such agree-
ment, of a nation whose airline or airlines
hold a foreign air carrier permit or permits
Issued pursuant to such section 402, finds
that such nation does not effectively main-
tain and administer security measures re-
lating to transportation of persons or prop-
erty or mail In foreign air transportation
that are equal to or above the minimum
standards which are established pursuant to
the Convention on International Civil Avia-
tion or, prior to a date when such standards
are adopted and enter Into force pursuant to
such Convention, the specifications and
practices set out In Appendix A to Resolution
A17-10 of the 17th Assembly of the Inter-
national Civil Aviation Organization, he shall
notify that nation of such finding and the
steps considered necessary to bring the se-
curity measures of that nation to standards
January U, 197 S
CONGRESSIONAL RECORD — SEN ATE
217
at least equal to the minimum standards of
such Convention or such specifications and
practices of such Resolution. In the event of
failure of that nation to take such steps, the
Secretary of Transportation, with the ap-
proval of the Secretary of State, may with-
hold, revoke, or Impose conditions on the
operating authority of the airline or airlines
of that nation."
Sec. 105. Section 901 (a) of the Federal
Aviation Act of 1958 (49 U.S.C. 1471(a)) Is
amended by inserting the words "or section
1114" before the words "of this Act" when
those words first appear In this section.
Sec. 6. Section 1007(a) of the Federal Avi-
ation Act of 1958 (49 U.S.C. 1487(a)) is
amended by inserting the words, "or. In the
case of a violation of section 1114 of this Act,
the Attorney General," after the words "duly
authorized agents,".
Sec. 7. That portion of the table of con-
tents contained in the first section of the
Federal Aviation Act of 1958 which appears
under the heading
"Sec. 902. Criminal penalties.",
Is amended by striking out the following
Items:
"(n) Investigations by Federal Bureau of
Investigation.
"(o) Interference with aircraft accident
investigation.";
and by Inserting the following items in place
thereof:
"(n) Afrcraft piracy outside special air-
craft jurisdiction of the United States.
"(o) Investigations by Federal Bureau of
Investigation.
"(p) Interference with aircraft accident
investigation.";
and that portion which appears under the
heading
"title XI — miscellaneous"
amended by adding at the end thereof the
following:
"Sec. 1114. Suspension of air services.
"Sec. 1115. Security standards in foreign air
tra;isportatlon.".
title II — air transportation security act
of 1973
Sec. 201. This title may be cited as the
"Air Transportation Security Act of 1973".
Sec. 202. The Congress hereby finds and
declares that —
(1) the United States air transportation
system which is vital to the citizens of the
United States is threatened by acts of crimi-
nal violence and air piracy;
(2) the United States "air transportation
system continues to be vulnerable to vio-
lence and air piracy because of Inadequate
security .and a continuing failure to properly
Identify and arrest persons attempting to vio-
late Federal law relating to crimes against
air transportation:
(3) the United States Government has the
primary responsibility to guarantee and In-
sure safety to the millions of passengers who
use air transportation and intrastate air
transportation and to enforce the laws of the
United States relating to air transportation
security; and
(4) the United States Government must
establish and maintain an air transporta-
tion security program and an air transporta-
tion security-law enforcement force under
the direction of the Administrator of the
Federal Aviation Administration in order to
adequately assure the safety of passengers in
air transportation.
Sec. 203. (a) Title III of the Federal Avia-
tion Act of 1958 Is amended by adding at
the end thereof the following new section:
'screening or passengers in air
transportation
"Sec. 315. (a) The Administrator shall as
soon as practicable prescribe regulations re-
quiring that all passengers and all property
Intended to be carried in the aircraft cabin
in air transportation or Intrastate air trans-
portation be screened by weapon-detecting
devices operated by employees of the air car-
rier. Intrastate air carrier, or foreign air car-
rier prior to boarding the aircraft for such
transportation. One year after the effective
date of such regulation the Administrator
may alter or amend such regulations, requir-
ing a continuation of such screening by
weapon-detecting (levices only to the extent
deemed necessary to assure security against
acts of criminal violence and air piracy in air
transportation and Intrastate air transporta-
tion. The Administrator shall submit semi-
annual reports to the Congress concerning
the effectiveness of this screening program
and shall advise the Congress of any regula-
tions or amendments thereto to be prescribed
pursuant to this subsection at least thirty
days in advance of their effective date.
"(b) The Administrator shall acquire and
furnish for the use by air carriers. Intrastate
air carriers, and foreign air carriers at air-
ports within the United States sufficient de-
vices necessar>- for the purpose of subsection
(a) of this section, which devices shall re-
main the property of. the United States.
"(c) The Administrator may exempt, from
provisions of this section, air transportation
operations performed by air carriers oper-
ating pursuant to part 135, title 14 of the
Code of Federal Regulations."
(b) Notwithstanding any other provision
of law, there are authorized to be appropri-
ated from the Airport ajid Airway Trust Fund
established by the Airport and Airway Rev-
enue Act of 1970 such amounts, not to ex-
ceed $5,500,000 to acquire the devices re-
quired by the amendment made by this
section.
Sec. 204. Title III of the Federal Aviation
Act of 1958 Is further amended by adding at
the end thereof the following additional new
section :
"air transportation security force
"Powers and Responsibilities
"Sec. 316. (a) The Administrator of the
Federal Aviation Administration in admin-
istering the air transportation security pro-
gram shall establish and maintain an air
transportation security force of sufficient size
to provide a law enforcement presence and
capability at airpoVts in the United States
adequate to Insure the safety from criminal
violence and air piracy of persons traveling
In air transportation or intrastate air trans-
portation. He shall be empowered, and desig-
nate each employee of the force who shall be
empowered, pursuant to this title, to —
"(1) detain and search any person aboard,
or any person attempting to board, any
aircraft in, or Intended for operation In, air
transportation or Intrastate air transporta-
tion to determine w-hether such person is un-
lawfully carrying a dangerous weapon, explo-
sive, or other destructive substance;
"(2) search or inspect any property, at any
airport, which Is aboard, or which Is Intended
to be placed aboard, any aircraft In, or In-
tended for operatlpn In, air transportation or
Intrastate air transportation to determine
whether such property unlawfully contains
any dangerous weafion, explosive, or other
destructive substance;
"(3) arrest any person whom he has reas-
onable cause to believe has (A) violated or
has attempted to violate section 902 (1), (j),
(k), (1), or (m) of the Federal Aviation Act
of 1958, as amended, or (B) violated, or has
attempted to violate, section 32, title 18,
United States Co(^e, relating to crimes against
aircraft or aircraft facilities; and
"(4) carry firearms when deemed by the
Administrator to be necessary to carry out
the provisions of this section, and, at his dis-
cretion, he may designate and deputize Slate
and local law enforcement personnel to exer-
cise the authority conveyed in this subsec-
tion.
"Training and Assistance
"(b) In administering the air transporta-
tion security progr^im, the Administrator
may —
"(1) provide training for State and local
law enforcement personnel whose services
may be made available by their employers to
assist In carrjing out the air transportation
security program, and
"(2) utilize the air transportation security
force to furnish assistance to an alrporf op-
erator, or any air carrier. Intrastate air car-
rier, or foreign air carrier engaged in air
transportation or Intrastate air transporta-
tion to carry out the purposes of the air
transportation security program.
"Overall RESPONSiBiLmr
"(c) Except as otherwise expressly provided
by law, the responsibility for the administra-
tion of the air transportation security pro-
gram, and security force functions specifically
set forth In this section, shall be vested ex-
clusively In the Adii^filstrator of the Federal
Aviation Admlnl||[ffition and shall not be
assigned or tran^nerred to any other depart-
ment or agency."
Sec. 205. Section 1111 of the Federal Avia-
tion Act of 1958 is amended to read as fol-
lows :
"authority to refuse transportation
"(a) The Administrator shall, by regula-
tion, require any air carrier, intrastate air
carrier, or foreign air carrier to refuse to
transport —
"(1) any person who does not consent to a
search of his person to determine whether he
is unlawfully carrying a dangerous weapon,
explosive, or other destructive substance, or
"(2) any property of any person who does
not consent to a search or Inspection of such
property to determine whether it unlawfully
contains a dangerous weapon, explosive, or
other destructive substance;
Subject to reasonable rules and regulations
prescribed by the Administrator, any such
carrier may also refuse transportation of a
passenger or property when. In the opinion of
the carrier, such transportation would or
might be liUmlcal to safety of flight.
"(b) Any agreement for the carriage of
persons or property In air transportation
or intrastate air transportation by an air
carrier, intrastate air carrier, or foreign air
carrier for compensation or hire shall be
deemed to Include an agreement that such
carriage shall be refused when consent to
search persons or search or Inspect such
property for the purposes enumerated In
subsection (a) of this section Is not given."
Sec. 206. Section 902(1) of the Federal
Aviation Act of 1958 Is amended to read as
follows :
"Carrying Weapons Aboard Aircraft
"(1)(1) Whoever, while aboard, or while
attempting to board, anx,^(frcraft In or In-
tended for operation In air transportation or
Intrastate air transportation, has on or about
his person or his property a concealed deadly
or dangerous weapon, explosive, or other de-
structive substance, or has placed, attempted
to place, or attempted to have placed aboard
such aircraft any property containing a con-
cealed deadly or dangerous weapon, explosive,
or other destructive substance, shall be fined
not more than $1,000 or Imprisoned not more
than one year, or both.
"(2) wiioever willfully and without regard
for the safety of human life or with reckless
disregard for the safety of human life, while
aboard, or while attempting to board, any
aircraft in or intended for operation in air
transportation or Intrastate air transporta-
tion, has on or about his person or his prop-
erty a concealed deadly or dangerous weapon,
explosive, or other destructive substance, or
has placed, attempted to place, or attempted
to have placed aboard such aircraft any
property containing a concealed deadly or
dangerous weapon, explosive, or other de-
structive substance shall be fined not more
than $5,000 or Imprisoned not more than
five years, or both.
"(3) This subsection shall not apply to law
enforcement officers of any municipal or
State government, or the Federal Govern-
2 8
ol
CONGRESSIONAL RECORD — SENATE
January 4., 1973
m>nt, while acting within their official ca-
ps cities and who are authorized or required
wjthln their official capacities, to carry arms,
to persons who may be authorized, under
rebulatlons issued by the Administrator, to
ca rry concealed deadly or dangerous weapons
in air transportation or Intrastate air trans-
p( rtation."
Sec. 207. To establish, administer, and
m Untain the air transportation security force
piDvided In section 316 of the Federal Avla-
tii»n Act of 1958. there is hereby authorized
to be appropriated for fiscal year 1973 the
Sim o'. $35,000,000. and for each succeeding
fi: cal year such amounts, not to exceed $35,-
OC O.OOO. as are necessary to carry out the
pi rpose of such section.
Sec. 208. Section 101 of the Federal Avia-
tion Act of 1958. as amended, is amended by
acdlng a^er paragraph (21) the following:
•(22)/ 'Intrastate air carrier' means any
citizen/ of the United States who undertakes,
wiether directly or indirectly or by a lease or
ai y other arrangement, solely to engage In
Intrastate air transportation.
(23) 'Intrastate air transportation' means
tlfe carriage of persons or property as a com-
m >n carrier for compensation or hire, by
tL rbojet -powered aircraft capable of carry-
ing thirty or more persons, wholly within the
sa ne State of the United States."
ai d is further amended by redesignating
p£ ragraph 1*22) as paragraph (24) and re-
de signatmg the remaining paragraphs ac-
ccrdlngly.
Sec. 209. That portion of the table of con-
te Its contained in the first section of the
Ff deral Aviation Act of 1958 which appears
u4(ler the heading.
XrrLE III ORGANIZATION OF AGENCY AND
POWERS AND DtrriZS OF ADMINISTRATOR"
Is amended by adding at the end thereof the
fo [lowing:
"Sec. 315. Screening of passengers In air
tr insportatlon.
"Sec. 316. Air transportation security force.
(a) Powers and responsibilities.
■(b) Training and assistance.
"(c) Overall responsibility."
By Mr. BAKER (for Mr. Brock) :
S. 40. A bill to improve aiKi implement
procedures for fiscal controls in the U.S.
Gavernment. and for other purposes. Re-
fe rred to the Committee on Government
Operations.
Mr. BROCK. Mr. President, the cause
congressional reform is one of those
ciuses which attracts a lot of attention
but it never seems to get many results.
Y?t I wonder how long the American
pi ople will tolerate a condition in which
tl e Nation is governed by a legislative
b: anrh. the instrument of reform in this
sc ciety of ours, while it seems that par-
ti "ular branch is incapable of internal
rqform.
Mr. President, look at the problems
tliis country faces. So many of them are
tl ,e dn-ect result of the inability of Con-
gi ess to ascertain or to get a handle, not
only on Federal spending but on any
rj nking national need, on national in-
c(Jme. and on national priorities.
Hov,- many were helped by specific
(Government programs with all the mil-
li )ns of dollars being spent? I think the
biisic symptom of the problem is that
tlere is no evaluation. We have one of
the finest agencies of Government, an in-
d ?pendent agency, the General Account-
ir g Office, which audits our Federal pro-
g; ams in terms of dollars and cents, per-
h ips to see if there Is any fraud and mis-
rection; but there is no agency of Con-
gi ess and there is no agency of the ad-
ministrative and the executive branch to
audit programs in human terms. What
are they doing for the people? What is
the cost effectiveness in various pro-
grams this Congress passes with all its
sense of largess, particularly in an elec-
tion year?
We do not evaluate our welfare pro-
grams in terms of success and rehabili-
tating individuals and reduced welfare
rolls. We evaluate it perhaps only to the
extent that results are measured by the
numbers of persons on welfare. Incredi-
bly, success is measured more by the
number of recipients than by the reduc-
tion in that number.
As a result, Mr. President, I am in-
troducing today a bill to:
First, designate a Joint Congressional
Committee to formulate a legislative
budget to evaluate the Federal budget in
terms of national priorities;
Second, require the projection of all
major expenditures over a 5-year period;
Third, require all major spending pro-
g:;ams to be evaluated at least once
every 3 years — zero-based budgeting:
Fourth, require consideration of pilot
testing of proposed major Federal pro-
grams; and
Fifth, require all Federal expenditure
programs to be appropriated annually
by Congress.
Mr. President, our Nation is faced with
a national crisis brought about by un-
controlled and misdirected spending.
First, take a look at Federal expendi-
tures from an historical perspective.
Would you believe that the Federal Gov-
ernment will spend more in the first 10
months of this fiscal year than it did be-
tween 17)89 and 1942, the first 153 years
of the Republic since the adoption of the
Constitution?
It is estimated that the Federal Gov-
ernment will spend over $250 billion this
fiscal year — that's a lot of money.
Now, we think nothing of talking in
terms of millions and billions of dollars,
but think just what is a billion of any-
thing. If you started your clock way back
there in the year 1, it would not even
have ticked off a billion minutes if you
stopped it today.
Let us face it, the Federal Govern-
ment has a quarter of a trillion dollars
a year spending problem — on the average
it spends $28 million every hour of the
day and night — or almost one-half mil-
lion dollars per minute.
The fiscal crisis affects every American.
The cost of running the Federal Gov-
ernment has increased by two-thirds
from 1958 to 1971. And it still is in-
creasing.
An average family's annual share of
the Federal budget has ri-sen from $2,000
10 years ago to $3,700 today — an increase
of over 80 percent.
Excessive spending continues to push
the cost of food so high that even meat
is almost out of reach of the average
family.
And now we are faced with a new kind
of inflation. There are pressures to clean
up the air and water, foster consumerism
and other social goals.
Social programs already account for
about half of Federal spending for the
1973 fiscal year which starterd July 1.
At present, however, Congress lacks
procedures for determining spending
goals and priorities. To remedy this I
have introduced S. 40 which will reform
congressional procedure to:
First, designate a joint congressional
committee to formulate a legislative
budget to evaluate the Federal budget in
terms of national priorities;
Second, require the projection of all
major expenditures over a 5-year period;
Third, require all major spending pro-
grams to be evaluated at least once every
3 years — zero-based budgeting;
Fourth, require consideration of pilot
testing of proposed major Federal pro-
gi-ams; and,
Fifth, require Federal expenditure pro-
grams to be appropriated annually by
Congress.
THE FISCAL CRISIS TODAY
Today, the country is in a fiscal crisis
because of skyrocketing Federal expendi-
tures. Federal spending is literally out of
control.
Expenditures at all levels of Govern-
ment— Federal, State, and local — in the
United States will exceed $370 billion this
year. This is an increase from about 18
percent to over 33 percent of the gross
national product in the last 25 years.
These statistics demonstrate that the
governmental sector is growing more
than twice as fast as the private sector
of the American economy.
All too often Congress only will in-
crease rather than prune the executive
budget.
As a consequence, the Federal spend-
ing has increased over 100 percent in the
past 10 .vears from $111 billion in fiscal
year 1963 to an estimate in excess of $250
billion in fiscal year 1973.
During the same 10-year span. Federal
spending for defense, space and foreign
activities are up 47 percent from S58.9
billion in fiscal year 1963 to an estimated
$86.3 billion for fiscal year 1973.
In comparison. Federal spending for
all civilian programs are up 224 percent
from $52.4 billion in fiscal year 1963 to
an estimated $169.7 billion for fiscal year
1973.
This past January 1, 1973, Federal em-
ployees received a three and one-half bil-
lion dollar pay boost as required by law.
The number of employees In all levels
of Government becomes meaningful if
you realize that in 1900. Government em-
ployed less than 1 million people. To-
day, almost 13 million persons are Gov-
ernment employees. One out of every
five workers is a Government employee.
To date, huge deficits are funding the
new Federal programs — but the day of
reckoning is near.
The country can no longer afford to
engage in the "buy now — pay later" syn-
drome for Federal spending — because the
bills are coming due now.
Federal deficits from fiscal 1970
through 1973 are estimated to be over
$104 billion. This is almost one-fifth of
our entire national debt.
It is hard to imagine that behind
HEW and defense appropriations, the
Federal Government's third largest ex-
penditure is the $21 billion interest price
tag on the national debt — which is ap-
proaching one-half trillion dollars.
It is quite apparent that the growth
January .4, 1973
CONGRESSIONAL RECORD — SEN ATE
219
of Federal expenditures in the past 10
years has brought us to a crisis stage.
This fantastic growth of Government
also has resulted in skyrocketing infla-
tion.
This inflation has caused the cost of
housing to escalate to the point that the
average family finds it almost impossible
to own its own home without a public
subsidy.
There is one solution to this fiscal
crisis — bring Federal spending under
control. Only if this is done will we
be able to provide essential services with-
out an increase in taxes or inflation.
WHY IS FEDERAL SPENDING OUT OF CONTROL?
PRESENT CONGRESSIONAL BUDGETARY PROCESS
The first reason why spending is out of
control is because the present congres-
sional budgetary process is uncontrolla-
ble.
It is amazing that the Federal Gov-
ernment's legislative branch, the largest
single spender in the world, never adopts
a budget of its own.
Almost every business, city, or munici-
pality adopts some sort of budget before
it starts making expenditures for that
year.
Of course, the President, with the help
of the Executive's Office of Management
and Budget, proposes a budget. Congress
takes a good look at it — but never com-
pletely accepts it or proposes an alterna-
tive budget of its own.
Congress uses one resemblance to fiscal
responsibility. It at least keeps track of
the money it spends — but hopes the defi-
cit will not get too much publicity at the
end of the year.
Under present budgetary procedure,
the administration submits a detailed
budget in January, but no single commit-
tee chairman or congressional commit-
tee ever looks at receipts and expendi-
tures at one time.
At no point will any congressional
committee say: "Here is how much we
want to spend. Here is what it is for.
Here is how we will get the money to
pay for it."
Or. better still: "Here is all that v.-e
have to spend. And here is how we will
stretch it to cover our priority needs."
Instead, Congress will vote on expendi-
tures for everything from pensions for
retired military personnel to aid to local
school districts in more than a dozen
separate appropriation bills.
At no point will the Appropriations
Committees of either House coordinate
its actions with the tax-writing commit-
tees who are responsible for raising the
revenue to pay the bills.
Added to this, over 70 percent or $180
billion of the budget for this fiscal year
consists of relatively uncontrollable ex-
penditures. There is no real congressional
control over these expenditures.
Over $46 billion of this amount will go
for contracts and obligations made in
prior years. These were voted on by some
Congressmen no longer in Congress.
Some of tliese obligations won't be paid
off until the year 2010.
Over SI 28 billion of this "relatively
uncontrollable" spending will go for
open-ended programs and those with
fixed costs.
Let us take a closer look at this proce-
dure of open-ended programs.
For example, take the Federal match-
ing programs for social services. One
dollar of State money can get $3 of Fed-
eral money.
Without any congressional scrutiny,
the $73 million expanded in fiscal year
1962 jumped from $li5 billion expended
last year to applications for over $4.7 bil-
lion in the current fiscal year, and with
estimates of $6 to $10 billion for the 1974
fiscal year.
Funding was automatic — whether or
not the program was getting any results.
This practice will not last forever be-
cause an amendment to the Revenue
Sharing Act placeq a $2.5 billion limita-
tion on its funding.
Congress should av<jid setting up such
permanent and unccSotrollable mecha-
nisms. All expenditures should come un-
der the normal appropriation process.
Congress refuses to consider Fedei*al
expenditures as an important instrument
of economic policy. It merely sets up pro-
grams without any meaningful legisla-
tive review. We need a systematic budg-
eting process to coordinate Federal ex-
penditures.
DOMESTIC ASSISTANCE PROGRAMS
The Federal Government has lost its
sense of direction and purpose in devel-
oping governmental programs. New pro-
grams are set up with little or no regard
to programs already in existence.
Congress has become a prisoner of its
past programs.
Today there are over 168 programs to
help eliminate poverty. This is at a total
cost of nearly $31 billion — but we have
more poverty this year than we did last
year.
The irony — or the catastrophe — of this
method of going about eliminating pov-
erty is that it could be more effective
to just distribute phe money to these
people. I
A far more impre.?sive fact is that from
1960 to 1971 almost ,15 million persons
were helped out of p6verty as a result of
the growth of the economy.
We also are witnessing the skyrocket-
ing costs of categorical grants-in-aid
funded for specific programs under Fed-
eral guidelines.
These programs have exploded by a
500-percent increase from $7 billion in
1959 to a $37 billion price tag in 1972.
Since 1965. these grants-in-aid have
increa.sed more than 2' 2 times.
Duplication of domestic assistance
programs is a major problem. With over
1,050 such programs, it is possible for
some families to be eligible to receive as-
sistance under as many as 16 different
categories.
This type of duplication makes it im-
possible to ascertain the number of per-
sons receiving aid or the actual amount
of aid received by each.
It is no surprise to find out that this
duplication leads to a great deal of waste
and inefficiency in administration at all
levels of government. Worse, some who
do not deserve aid obtain it while others
who do deserve it do not — increasing
alienation and frustration.
Another major problem with domestic
assistance programs is that the results
generally are not evaluated in any mean-
ingful way. For example, a welfare pro-
gram is not evaluated in terms of its suc-
cess in rehabilitating individuals and re-
ducing welfare roles. Instead, results are
measured by the number of iiersons on
welfare. Incredibly, success is associated
with more recipients, rather than less.
We must understand that not all prob-
lems can or will be solved by either pub-
lic or private activities. But it is equally
important to insist that whenever gov-
ernment at any level gets involved in
handling a problem, it should be solu-
tion-oriented in its approach, and peo-
ple-oriented in its implementation. This
simply is not the case today in program
after program.
Federal agencies should be required to
present reports demonstrating whatever
substantive progress they have made in
solving problems before they are granted
further public support. Billions of dollars
spent with no results are evidence of
either ineptitude on the pai-t of adminls-
rators or programs that miss the target.
In either case, the Congress has failed in
its oversight responsibility.
It is evident that some changes must
be made. Programs should be solution-
oriented and self-liquidating.
Congress must enact a mechanism to
streamline and reduce the size, number,
or scope of public programs of question-
able or marginal value. ,
SETTING NATIONAL PRIORITTES
Setting national priorities no longer
involves simply a determination of how
much money should be devoted to a par-
ticular purpose. It now requires that the
priority expenditure must lie balanced
with it« longrun costs.
It boggles the mind to think there are
14 million people on welfare. Some new-
welfare proposals would add another 11
million people without ever conducting
any tests to see if it would work before
billions of dollars are spent.
Who would think of spending a lot
of money for a new car without first
testing many models before the final pur-
chase. Why cannot Congress use the
same commonsense about spending that
the ordinary individual does ^'hen he
makes a large purchase?
New major programs should be con-
sidered in relation with similar programs
already in existence and pilot tested be-
fore national implementation.
We, the Congress, and the voters must
realize that the Federal Government just
cannot throw more money at a problem
to make it go away. It is essential that
the old ideas hidden in womout programs
give way to a new process.
The question today should be not how-
to spend more — but why cannot we get
better results with the funds being spent?
Domestic assistance spending is not at
a starvation level. .
In the last decade. Federal spending
for social problems has risen from an
annual rate of .?30 billion to over $100
billion.
The issue facing this Congress is how
to effectively appropriate this money.
Taxpayers want quality not just quantity.
I only hope Congress gets the message
before it is too late.
Some of the framers of, the so-called
Great Society, in a report issued last
year by the Br(X)kings Institution, dis-
avowed that social experiment. They
called for the Federal Government to
:!20
CONGRESSIONAL RECORD — SENATE
January 4, 1973
( hange its emphasis from providing goods
ind services and other complex schemes
or aiding the poor to "increasing equal-
ly of opportunity, improving the quality
)f public services, and rescuing the en-
arormient."
If the framers of the Great Society are
iible to acknowledge the failure of its
] nethodology. perhaps it is time that we,
' he Members of Congress who appropri-
:ite the funds for these programs, also
ake another look at them.
Today. Congress lacks the necessary
])r6cedures for determining spending
Koals and national priorities. It is time
o try a new approach.
A BILL TO CONTROL THE FEDERAL BUDGET
During the summer of 1972. it became
apparent that unless excessive spending
las curtailed, there inevitably would be
he need for a tax increase to avoid spi-
aling inflation. The problem was to
■e?ain control over Federal spending.
It was at this time that I foresaw that
he real issue for the next Congress would
>e the procedure by w hich Congress could
letermine national priorities within real-
stic spending limitations.
I recognized that Congress needed t«
ry a fiesh approach. We just cannot
)rovide essential social services without a
iou«d budgetary process.
In September of 1972. 1 introduced this
egislation that would enable Congress to
letermine national priorities and at the
ame time curtail excessive Federal
spending.
The bill was introduced late in the sec-
)nd session, not with the intention of trj--
ng to get it passed, but to have it studied
md publicized, and thereby improve its
•hance of being passed in this session of
Congress.
I have received many letters supporting
his five-point program to bring the Fed-
?ral budget under, control. It greatly en-
tourages me to SCO personal letters from
:onstituents who want this type of legis-
ation.
I can report that I have had no adverse
•eactions. In fact, the bill has received
lational publicity. A number of organiza-
ions, including the Chamber of Com-
nerce of the United States, have whole-
leartedly endorsed the legislation.
I firmly believe that Federal expendi-
ture control is an essential prerequisite
:o providing social needs within an ever
expanding economy. I. therefore, have re-
ntroduced the "Federal Act To Control
Expenditures and Upgrade Priorities."
The provisions of this bill to restrain
Federal spending include adoption of a
jongressional budgeting system which
facilitates establishment of national goals
ai\d priorities. It also provides for the
development of a method of reviewing
sxisting programs to insure their effec-
tiveness for achieving the objectives for
tvhich they were created.
JOINT COMMITTEE .WJD A LEGISLATIVE REPORT
Titles I and VI of this bill amend the
House and Senate rules to create a Joint
Committee on the Budget. This joint
committee would develop a legislative
budget of a guideline nature to discour-
age uncontrolled Federal spending and
foster proper implementation of national
goals and priorities.
Such a joint committee is essential be-
cause no congressional committee today
considers the relationship of Federal
receipts and expenditures in the budget-
ary process.
A joint congressional committee and a
legislative budget is not a new idea. The
Legislative Reorganization Act of 1946
enacted both concepts. But the joint
committee under the 1946 act proved un-
workable. The 102-member committee
was too large and understaffed, and its
legislative budget proved unworkable
because of inadequate time for its for-
mulation. One of the lessons from this
experiment was that Congress simply did
not have the professional staff to do the
job required in budget analysis.
The joint committee and the legisla-
tive budget provided in this legislation
remedy earlier defects in attempts to
reform the congressional budgetary sys-
tem, A standing joint committee with
adequate time to formulate a legislative
budget is provided. This joint committee
is streamlined to be composed of 18 mem-
bers represented by three members from
the Senate Appropriations and Finance
Committees, three members from the
House Appropriations and Ways and
Means Committees, and three members
at large from the House and Senate. To
function, this joint committee must be
adequately staffed.
F\irthermore, the joint, committee will
be a permanent part of the budgetary
process and adequately staffed.
The legislative budget provided in this
bill is a viable mechanism, since it estab-
lishes budgetary guidelines without for-
mal enactment. The legislative budget is
to be submitted to Congress not later
than May 31 of each year. Legislative
and appropriations committee work will
not be hindered, but a systematic analy-
sis of the Federal budget will be made
before any expenditure is authorized or
appropriated.
The legislative budget is to include, but
is not limited to: Estimated receipts and
proposed expenditures for the forthcom-
ing fiscal year ; the maximum amount of
proposed expenditures for each major
category of expenditures: 5-year projec-
tions of estimated receipts and expen-
ditures in the aggregate and in program
detail for each major category of ex-
penditures: and. a recommendation for a
reduction in taxes or in the public debt if
estimated receipts exceed expenditures
in any fiscal year.
Neither the House nor the Senate is to
consider any bill reported out by a com-
mittee of Congress, unless a statement
from that committee accompanies the
bill as to whether an authorization or
appropriation is within the legislative
budget limits.
FIVE-YFAR BUDGET PROJECTIONS
.Title II requires 5-year budget projec-
tions in program detail for every major
functional category of Federal spending.
Full recognition of the long-range costs
of expenditure programs will provide a
better basis for decisionmaking on the
part of the administration and Con-
gress.
Because of the ballooning costs of
Federal programs in years following their
enactment, it is no longer acceptable to
valuate and plan expenditures on a 1-
year horizon.
This title repeals an existing section of
the Legislative Reorganization Act of
1970 which only superficially attempts to
overcome this problem. In its place, title
II provides that the executive budget and
bills involving spending reported out by
committees of Congress — except the
Committees on Appropriations of each
House — must contain a statement of the
5-year projected costs, a comparison of
projected costs with estimates by any
Federal agency, and a list of existing or
proposed programs with similar objec-
tives.
The idea of comprehensive 5-year
budget projections has broad support.
The House Ways and Means Committee
Report No. 92-1128, which accompanied
H.R. 14390, expressed a deep concern for
increasing expenditure levels and recom-
mended that budget and program ex-
penditures should be projected on a 5-
year basis. The Brookings Institution
study of the 1973 budget also endorses
this idea of detailed 5-year budget pro-
jections. The Senator- from Wisconsin,
Mr. Nelson, has beer, a longtime advo-
cate of 5-year projections in defense
spending.
THREE-YEAR LIMITATION ON AUTHORIZATIONS
FOR APPROPRIATIONS AND CONGRESSIONAL RE-
VIEW OF MAJOR FEDERAL PROGRAMS
Title III requires that all authoriza-
tions for any major Federal expenditure
programs — except those funded by user
taxes — must expire no less than once
every 3 years — this is a zero-based budg-
eting. The trend today is to add on to old
existing programs without the objective
of terminating outmoded and useless
programs. We must force program ad-
ministrators to justify their existence.
This title requires a detailed evalua-
tion of each program before further au-
thorizations can be made. In the last
fiscal year of a program, the committee
with jurisdiction in the Senate and
House is to hold public hearings to con-
duct a review of that program.
The committee report is to contain
an evaluation of the overall success or
failure of the program. This report is to
include, but is not limited to: A cost-
benefit analysis of the program; a de-
termination of whether the program ob-
jectives are still relevant and whether the
program has adhered to its intended pur-
pose and achieved its objectives in solv-
ing the problem; whether the program
has impinged on the functions and free-
doms of the private sector of the econ-
omy; the feasibility of alternative ways
of dealing with the problem; the pro-
gram's relationship with similar pro-
grams and an examination of related
pending and proposed legislation and pri-
vate efforts; and whether the program
will help or hinder any private efforts to
solve the problem.
PILOT TESTING
Title rv requires consideration of at
least 2-year pilot testing of every pro-
posed major program. This will provide
a better estimate of costs and would per-
mit a complete evaluation before na-
tional implementation.
Today, many Federal programs are
no longer forecast in thousands, but
rather in billions of dollars. Authoriza-
tions and appropriations run for many
years.
January 4, 1973
CONGRESSIONAL RECORD — SENATE
221
Congress must introduce objectivity in
determining which projects are best
served through Federal tax money.
Pilot testing is to be conducted under
conditions simUar to those if the pro-
gram were enacted. Multiple pilot test-
Tng is encouraged and the testing is to be
monitored by the Comptroller General of
the United States. •
Each committee in both Houses, after
holding public hearings with a thorough
evaluation, is to submit a report on the
results of the pilot test. The report shall
include, but is not limited to: The suit-
ability of implementing the program on
a national scale; a cost-benefit analysis;
and in the event the program would
change a current method of dealing with
a specific problem, a comparison of the
current method and the method used in
the test to carry out the program.
REQITIREMENT OF ANNUAL APPROPRIATIONS
Title V provides that all Federal ex-
penditures— including those made by the
trust funds — must be appropriated an-
nually by Congress. Currently there are
over 800 Federal trust funds with a per-
manent budgeting authority that do not
come under a thorough annual appro-
priations review.
Payment of interest on the national
debt and refund overpayments of taxes
are exempted. Appropriation acts may
stipulate that fimds made available for
a fiscal year can remain available until
expended.
Mr. President, the five points contained
in this bill that I am introducing today
will bring about long needed reform in
the budgetary process. This bill permits
congressional control over Federal ex-
penditures and at the same time per-
mits a reordering of national priorities.
Mr. President, I ask unanimous con-
sent that the text of S. 40 be printed in
the Record at this point.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
S. 40
A bill to Improve and implement procedures
for fiscal control in the tTnited States Gov-
ernment, and for other purposes
Be it enacted by the Senate and House
0/ Representatives of the United States of
America in Congress assembled, That (a) this
Act may be cited as the "Federal Act To Con-
trol Expenditures and Upgrade Priorities".
(b) The Congress declares that because
it is imperative to establish national goals
and priorities for the maximum allocation
of Federal expenditures, and because it Is
imperative to regain effective control over
the budgetary process so Congress may deter-
mine those priorities, therefore it is deemed
necessary —
(1) to establish a congressional budget-
ing system which facilitates establishment
of national goals and priorities to meet the
needs of a modern society and economy,
(2) to create a joint committee with re-
sponsibility to oversee and establish fiscal
guidelines for the proper Implementation of
national ^oals and priorities, and
(3) to develop a means for a constant and
systematic review of existing programs to be
certain that they are achieving the national
objectives for which they were created.
TITLE I— LEGISLATIVE BUDGET
Sec. 101. (a) There is establUhed a Joint
committee of the Congress which shall be
known as the Joint Committee on the Budget
(hereinafter referred to as the "Joint com-
mittee"). The joint committee shall be com-
posed of eighteen members as follows:
(1) nine Members of the House of Rep-
resentatives, to be appointed by the Speaker
of the House of Representatives, three of
whom shall be members of the Committee
on Ways and Means and three of whom shall
be members of the Committee on Appropria-
tions; and
(2) nine Members of the Senate, to be ap-
pointed by the President of the Senate, three
of whom shall be members of the Committee
on Finance and three of whom shall be
members of the Committee on Appropria-
tions.
Of the members appointed from each House,
ftve shall be from the majority party and
four from the minority party.
(b) The joint committee shall select a
chairman and vice chairman each Congress
from among its members. In each odd-num-
bered Congress the chairman shall be a
Member of the House of Representatives and
the vice chairman shall be a Member of the
Senate. In each even-numbered Congress the
chairman shall be a Member of the Senate
and the vice chairman shall be a Member of
the House of Re.:^resentatlves.
lO A quorum oi ihe Joint committee shall
consist of five Members of the Se.iaie and
five Members of the House of Representa-
tives.
(d) Vacancies in the membership of the
joint committee shall not affect the power of
the remaining members to execute the func-
tions of the joint committee and shall be
filled in the same manner as in the case of
the original appoiiument.
(e) The joint committee, or any subcom-
mittee thereof, is authorized, in its discre-
tion (1) to make expenditures. (2) to employ
personnel, (3) to adopt rules respecting its
organization and procedures, (4) to hold
hearings. (5) to sit and act at any time or
place, (6) to subpena witnesses and docu-
ments, (7) with the prior consent of the
agency concerned, to use on a reimbursable
basis the services of personnel and facilities
of any such agency, (8) to procure printing
and binding. (9) to procure the temporary
services (for periods not in excess of orie
year) or intermittent services of individual
consultants, or organizations thereof, and to
provide assistance for the training of Its pro-
fessional staff, in the same manner and under
the same conditions as a standing committee
of the Senate may procure such services and
provide such assistance under subsections (1)
and (J), respectively, bf section 202 of the
Legislative Reorganization Act of 1946, and
(10) to take depositions and other testimony.
No rule shall be adopted by the Joint com-
mittee under clause (3) providing that a
finding, statement, recommendation, or re-
port may be made by other than a majority
of the members of the Joint committee then
holding office.
(f) Subpenas may be issued over the signa-
ture of the chairman of the Joint committee
or by any member designated by him or the
Joint committee, and may be served by such
person as may be designated by such chair-
man or member. The chairman of the Joint
committee or any member thereof may ad-
minister oaths to witnesses. The provisions
of sections 102-104 of the Revised Statutes
(2 U.S.C. 192-194) shall apply In the case of
any failure of any witire.ss to comply with a
subpena or to testify when summoned under
autliority of this section.
(g) with the consent of any standing, se-
lect, or special committee of the House or
Senate, or any subcommittee thereof, the
Joint committee may utilize the services of
any staff member of such House or Senate
committee or subcommittee whenever the
chairman of the Joint committee determines
that such services are necessary and appro-
priate.
(h) The head of each department and
agency of the executive branch (including
the Office of Management arid Budget) shall
furnish to the Joint committee such in-
formation and data as the Joint committee
may request.
(i) The expenses of the Joint committee
shall be paid from the contingent fund of
the Senate from funds appropriated for the
joint committee, upon vouchers signed by
the chairman of the Joint committee or by
any member of the Joint committee a\i-
thorlzed by the chairman.
(J) Members of the Joint committee, and
its personnel, experts, and consultanu, while
traveling on official business for the Joint
committee within or outside the United
States, may receive either the per diem allow-
ance authorized to be paid to Members of the
Congress or its employees, or their actual
and necessary expenses if an itemized state-
ment of such expenses is attached to the
voucher.
Sec. 102 (a) Upon the submission of the
Budget of the United S'ates Government by
the President for each fiscal year (beginning
with the fiscal year er.dmg "ji'ue 30, 1975),
the Joint committee shall promptly review
the budget for the purpose of formulating
and submitting to the Senate and the House
of Representatives a legislative budget for
that fiscal year. The legislative budget for
each fiscal year shall be in such detail as the
joint committee may prescribe, but shall in-
clude—
(1) the total estimated receipts of the
Government during the fiscal year, the total
proposed expenditures by the Government
during the fiscal year, and the total pro-
posed appropriations for the fiscal year,
(2) the maximum amount of proposed ex-
penditures in each major category during the
fiscal year and the maximum amount of pro-
posed appropriations for each major category
for the fiscal year,
(3) estimated receipts of the Government
and proposed expenditures and appropria-
tions. In the aggregate and in program detail
for each major category, for the fiscal year
and the four fiscal years immediately follow-
ing the fiscal year, and
|4) if total estimated receipts In the gen-
eral fund of the Treasury- exceed the pro-
posed expenditures out of the general fund
during the fiscal year, recommendations for
reductions In taxes or In the public debt (in-
cluding a reduction in the public debt limit) ,
or a combmatlon thereof.
(b) The Joint committee shall, as soon as
practicable each year but not later than May
31, submit to the Senate and the House of
Representatives the legislative budget for the
ensuing fiscal year together with a report
thereon.
Sec. 103. (a) It shall not be In order in
either the Senate or the House of Represent-
atives to consider any bUl or Joint resolution
making appropriations for any fiscal year
(beginning with the fiscal year ending June
30, 1975) or any bUl or Joint resolution au-
thorizing appropriations for any such fiscal
year, until the Joint committee has submitted
the legislative budget for that fiscal year.
(b) The committee report accomfjanylng
any bill or Joint resolution making appropria-
tions or authorizing appropriations for any
fiscal year (beginning with the fiscal year
ending June 30, 1975) shall contain a com-
parison of the amounts appropriated or au-
thorized therein, in the agrgerate and In each
major category, with the amounts set forth in
the legislative budget for that fiscal year.
If any such amount appropriated or author-
ized exceeds the amount set forth in the leg-
islative budget, such report shall contain an
explanation of the excess. It shall not be In
order in either the Senate or the House of
Representatives to consider any bill or Joint
resolution unless the committee report ac-
companying it complies with the require-
ments of this subsection.
Sec. 104. For purposes of paragraph 6 of
rule XXV of the Standing Rules of the Sen-
222
CONGRESSIONAL RECORD — SENATE
January U, 1973
ate, service ol a Senator as a member of the
J >lnt committee, or as chairman of the Joint
c jmmlttee, shall not be taken Into account.
TITLE II— FTV'E-YEAR BUDGET
PROJECTIONS
Sec. 201. (a) Section 102(a) of the Budget
a ad Accounting Act, 1921 (31 U.S.C. 11). Is
a mended —
( 1 ) by Inserting after "ensuing fiscal year"
l:i paragraph (5) "and the four fiscal years
li timedlately following the ensuing fiscal
y sar":
(2) by striking out "such year" In para-
g raph (5) and Inserting In lieu thereof "such
yjars";
(3) by Inserting after "ensuing fiscal year"
111 paragraph (6) "and the four fiscal years
inmedlately following the ensuing fiscal
v;ar".
(b) Section 201 of such Act Is amended by
a Idlng at the end thereof the following new
sibsections:
"(d) The budget shall Include (1) an
ecamlnatlon of proposed expenditures and
a aproprlatlons and estimated receipts within
a comprehensive framework of existing and
p roposed programs and ( 2 ) the bases vised
f )r the proposed expenditures and approprla-
t ons and estimated receipts.
"(e) The President shall transmit to Con-
gress during the first fifteen days of each
r (gular session, in addition to the budget re-
qulred under subsection (a), alternative
budgets taking into account contingency
plans In the event of either major national
disasters or economic or strategic dlsloca-
t ons."
(c) The amendments made by this section
s lall apply with respect to the fiscal year
eidtng June 30, 1975, and each fiscal year
t lereafter.
Sec. 202. (a) The committee report accom-
panying each bill or Joint resolution of a
p ubllc character reported by any commlt-
t ;e of the Senate or the House of Representa-
t ves (except th,e Committee on Approprla-
t ons of each House) shall contain —
1 1 ) an estimate made by such committee,
of the costs which would be Incurred In
cirrylng out such bill or Joint resolution In
t le fiscal year In which It Is to become ef-
f (Ctlve and In each of the four fiscal years
f )Uowlng such fiscal year, together with the
t asls for each such estimate;
(2) a comparison of the estimate of costs
described In paragraph (1) made by such
ommlttee with any estimate of costs made
ty any Federal agency: and
(3) a list of existing and proposed Fed-
e-al programs which provide or would pro-
vide financial assistance for the objectives
or the program or programs authorized by
t le bill or Joint resolution.
(b) It shall not be In order In either the
Senate or the House of Representatives to
consider any bill or Joint resolution If such
hlU or joint resolution was reported In the
Senate or House, as the case may be, after
t le date of the enactment of this Act and
t le "committee report accompanying such bill
0 r Joint resolution does not comply with the
provisions of subsection (a) of this section.
(c) Section 252 of the Legislative Reorga-
rlzatlon Act of 1970 Is repealed.
TITLE III— THREE-YEAR LIMITATION ON
AUTHORIZATIONS FOR APPROPRIA-
TIONS; CONGRESSIONAL REVIEW OF
^L\JOR EXPENDITURE PROGRAMS
Sec. 301. (a) All provisions of law In effect
o 1 th^ dace of the enactment of this Act
VI hich authorize appropriaiions for any major
e cpendlture program for a period of more
t lan three fiscal years, beginning with the
t rst fiscal year which commences after such
d ate. shall cease to be effective at the end
o' the third fiscal year commencing after
5 ich date
(b) Subsection (a) shall not apply to any
r lajor expenditure program funded In whole
o • ^Jor part by user taxes.
Sec. 302. (a)(1) During the period pre-
scribed In subsection (b), each conunittee of
the Senate and the House of Representatives
which has Jurisdiction to report legislation
authorizing appropriations for a major ex-
penditure program shall conduct a compre-
hensive review and study of such program
and shall submit a report thereon to the
Senate or the House, as the case may be. In
conducting such review and study, the com-
mittee shall receive testimony and evidence
In hearings open to the public.
(2) Prior to the beginning of the period
during which any committee of the Senate
or the House of Representatives Is to con-
■duct a comprehensive review and study of a
major expenditure program, the head of the
department or agency of the Government
which administers the program (or any part
thereof) shall submit to the committee a
cost-benefit analysis of the program.
(b) The period referred to in subsection
(a) for the review and study of a major
expenditure program Is the last fiscal year
for which appropriations are authorized for
such program.
(c) Insofar as possible, the committees of
the Senate and the House of Representatives
which have jurisdiction over a inajor expen-
diture program shall conduct the review and
study required by subsection (a) at the same
time. Such committees may conduct the open
hearings required by such subsection jointly.
(d) The report of a committee on a review
and study of a major expenditure program
shall contain a cost-benefit analysis of the
program and the committee's evaluation of
the overall success or failure of the program,
and shall Include (but not be limited to)
the following matters —
(1) Whether the program objectives are
still relevant.
(2) Whether the program has adhered to
the original and Intended purpose.
(3) Whether the program has had any sub-
stantial Impact on solving the problems and
objectives dealt with in the program.
(4) The Impact of the program on the
functions and freedom of the private sector
of the economy.
(5) The feasibility of alternative programs
and methods for dealing with the problems
dealt with In the program and tbelr cost
effectiveness.
(6) The relation of all government and
private programs dealing with the problems
dealt with In the program.
(7) An examination of proposed legislation
pending In either House dealing with the
problems being dealt with In the program,
including an examination of each proposed
legislation in the context of —
(A) existing laws.
(B) other proposed legislation,
(C) private efforts, and
(D) whether public efforts wUl binder or
help private efforts.
Sec. 303. It shall not be In order in either
the Senate or the House of Representatives
to consider —
( 1 ) any bill or joint resolution which au-
thorizes appropriations for any major expen-
diture program for any fiscal year beginning
after the period within which the commit-
tee of that House which has Jurisdiction
over the program Is required to submit a
.•eport with respect to the program under sec-
tion 302 until that committee has submitted
such report, or
(2) any bill or joint resolution which au-
thorizes appropriations for any major ex-
penditiire program for more than three fis-
cal years.
TITLE IV— PILOT TESTING OP NEW
MAJOR EXPENDITURE PROGRAMS
Sec. 401. (a) Except as provided in sub-
section (b), it shall not be In order In either
the Senate or the House of Representatives
to consider any bill or Joint resolution —
(1) which establishes a new major expen-
diture program unless suchblU or joint reso-
lution provides (or a prior law has provided)
for a pilot test of such program which meets
the requirements of this title, or
(2) which authorizes appropriations to Im-
plement any major expenditure program es-
tablished by law passed by the Congress after
the date of the enactment of this Act (other
than appropriations to carry out a pilot test
of such program which meets the require-
ments of this title) until the appropriate
committee of the Senate or the House, as the
case may be, has submitted to that House
a report on the pilot test of the program pur-
suant to section 403(a) and a report to the
Joint Committee on the Budget pursuant
to section 403(c). (b) Subsection (a) shall
not apply to a bill or joint resolution if the
committee report accompanying It contains
a statement, together with an explana.ion,
that the committee has given full considera-
tion to pilot testing and, in its Judgment,
pilot testing would not be feasible or de-
sirable for the program established, or for
which appropriations are authorized, by the
bill or Joint resolution.
Sec. 402. (a) In order to meet the require-
ments of this title, a pilot test of a major
expenditure program must —
( 1 ) entail a test of the program which
consists of a replica, as nearly as possible,
of the conditions that would exist If the pro-
gram were Implemented on a permanent
basis.
(2) be conducted for at least two complete
fiscal or calendar years (excluding any period
for planning and preparation) ,
(3) be conducted by a department or
agency of the Government or a public or
private organization specified In the law
providing for the pilot test, and
(4) require the department, agency, or
organization which conducts the test, and
the Comptroller General of the United States,
to report the results of the test, as soon
as practicable after Us conclusion, to the
committees of the Senate and the House of
Representatives which have Jurisdiction to
report legislation authorizing appropria-
tions to Implement the program.
(b) Nothing contained in this title shall
preclude slmultanous multiple pilot tests of
a major expenditure program to determine
the most feasible alternative before national
implementation.
(c) The Comptroller General of the United
States shall, have full authority to monitor
any pilot test conducted pursuant to the
requirements of this title.
Sec. 403. (a) Upon receipt of the reports
of a pilot test of a major expenditure pro-
gram, each committee to which the reports
are submitted shall conduct a comprehen-
sive study to evaluate the results of the pilot
test and shall, as soon as practicable, sub-
mit a report thereon to the Senate or the
House of Representatives, as the case may
be. In conducting such study, the commit-
tee shall receive testimony and evidence In
hearings open to the public. The committees
of the two Houses may conduct such hear-
ings Jointly.
(b) The report of a committee on the
evaluation of a pilot test of a major ex-
penditure program shall Include (but not
be limited to) the following matters:
(1) Suitability of the Federal Government
to implement such a program on a national
scale.
(2) A cost-benefit analysis of the program
In relation to other alternative measures.
(3 ) In the event the program would change
a current method of dealing with a specific
problem, a comparison of the current meth-
od used and the method used In the test,
and an analysis In terms of relative effec-
tiveness.
(c) In addition to the report required by
subsection (a), the committee shall submit
to the Joint Committee on the Budget a
separate report containing a detailed cost-
benefit analysis.
January k, 1973
CONGRESSIONAL RECORD — SENATE
223
(
TITLE V— REQUIREMENT OF ANNUAL
APPROPRIATIONS
Sec. 501. (a) Except as provided In sub-
section (b), effective Jtily 1, 1974 —
(1) all provision of law permanently ap-
appropriatlng moneys out of the Treasury
(including trust funds) shall have no force
nor effect, and
(2) moneys may be paid out of the Treas-
ury (including trust funds) to defray ex-
penditures Incurred in any fiscal year only
pMsuant to appropriation Acts enacted for
that fiscal year.
(b) Subsection (a) shall not apply to pro-
visions of law which permanently appro-
priate moneys —
(1) to pay interest on obligations con-
stituting a part of the public debt of the
United States, or
(2) to refund overpayments of taxes made
to the United States.
Subsection (a) shall not preclude the appro-
priation of funds for a fiscal year with the
stipulation that such funds remain available
until expended.
Sec 502. It shall not be in order in either
the Senate or the House of Representatives
to consider any bill or joint resolution, or
any amendment thereto, which appropriates
moneys out of the Treasury (Including trust
funds^ for a period of more than one fiscal
year, except that funds may be appropriated
for a fiscal year with the stipulation that they
remain available until expended.
TITLE VI— EXERCISE OF RULEMAKING
POWER
Sec 601. (a) Secilon 103, 104. 202, 302
(except subsection (a)(2)), 303. 401, 402
(except subsection (c) ) . 403. and 502 of this
Act are enacted by the Congress —
(1) as an exercise of the rulemaking
powers of the Senate and the House of Rep-
resentatives, respectively, and as such they
shall be considered as part of the rules of
each House, respectively, or of that House
to which they specifically apply; and such
rules shall supersede other rules only to the
extent that they are Inconsistent therewith;
and
(2) with full recognition of the constitu-
tional right of either House to change such
rules (so far as relating to the procedure in
such House) at any time. In the same manner
and to the same extent as In the case of any
other rule of such House.
(b) For purposes of such sections, the
members of the Joint Committee on Atomic
Energy who are Members of the House of
Representatives shall be deemed to be a com-
mittee of the House, and the members of
such Joint Committee who are Members of
the Senate shall be deemed to be a commit-
tee of the Senate.
Mr. PROXMIRE. Mr. President, I sim-
ply want to commend the Senator from
Tennessee for introducing the bill. I have
studied it. It has great merit. I do hope
the Senate will act promptly. One of its
great advantages is that it will give Con-
gress more control over fiscal policies
than we now have.
Mr. BROCK. I thank the Senator for
his gracious comments and his support.
Finally, Mr. President, let me say that
if we in Congress wish to serve in clean-
ing up the house of the American people,
in cleaning up the problems of the Ameri-
can people, I think it is time we clean up
our own House first.
Mr. FANNIN. Mr. President. I wish to
commend the distinguished Senator from
Tennessee. I join in what the distin-
guished Senator from Wisconsin has
stated. I fully support his objectives and
the_way he has approached this subject.
Mr. PROXMIRE. Mr. President, I was
delighted to have an opportunity to be
on the floor this afternoon when the
Senator from Tennessee (Mr. Brock > ex-
plained his excellent bill. I commend him
for it.
By Mr. DOLE:
S. 41. A blil^ designate November 11
of each year as Veterans Day and to make
such day a legal public holiday. Re-
ferred to the Committee on the Judiciary.
VETERANS DAY REINSTATEMENT
Mr. DOLE. Mr. President, on Novem-
ber 11. 1971, I introduced legislation to
reinstate November 11 as the date for
the officially sanctioned celebration of
Veterans Day. In previous years, No-
vember 1 1 had been set aside to honor the
Americans who have served in our armed
services in defense of freedom around the
globe. November 11 was originally se-
lected as Veterans, Day because that date
has special significance, not only for
Americans but also for all citizens of the
world, for it was on this day in 1918 that
the Armistice was signed which ended
World War I.
In 1971. the designation of Veterans
Day was changed so that the legal holi-
day would fall on the fourth Monday
of October. The date of November 1 1 was
thus stripped of its oflQcially sanctioned
recognition and the celebration of Vet-
erans Day lost significance in the eyes
of many Americans.
Veterans Day deserves the highest rec-
ognition possible. Millions of Americans
have sacrificed their time, their talents
and even their lives to secure and
strengthen the ideals of liberty, freedom,
and democracy which gave birth to our
Nation. These Americans — our vet-
erans— have earned the respect, grati-
tude, and recognition of their fellow
coimtrymen. Their contribution to
America is unique and America's tribute
to them should be equally imique.
For many years, this tribute was paid
on November 11, a day which is both
unique in history and appropriate for
recognizing the contributions of Ameii-
cans to world freedom. November 11 is
Veterans Day and always will be in the
hearts and minds of millions of Ameri-
cans. The change in the legal designa-
tion cannot erase the significance of tliis
date, nor can an extra 3-day weekend
justify a reduction in this Naton's trib-
ute and homage to the men and women
who have given so much in their quest for
world peace and freedom. With these
thoughts in mind, I am today introduc-
ing legislation to reinstate the date of
November 11 as Veterans Day. Passage
of this legislation will again establish a
legal holiday which represents Ameri-
can tradition and provides a imique and
fitting day of recognition for American
veterans. I would ask that my colleagues
join me in sponsoring this legislation
and hope Congress will act quickly to
restore November 11 as our oflScial na-
tional day of salute and tribute to the
men and women who have so proudly
worn the uniform of the United States.
By Mr. DOLE (for himself and
Mr. Pearson) :
S. 42. A bill to provide for the disposi-
tion of funds appropriated to pay certain
judgments in favor of the Iowa Tribes
;
of Oklahoma and of Kansas and Ne-
braska. Referred to the Committee on
Interior and Insular Affairs.
AUTHORIZATION OF JUDGMENT FUNDS TO THE
IOWA TRIBES OF OKLAHOMA AND OF KANSAS
AND NEBRASKA
Mr. DOLE. Mr. President, on May 7.
1965, the Indian Claims Commission
made an award to the Iowa Indian Tribe
of Kansas and Nebraska and the Iowa
Tribe of Oklahoma. The award was made
as payment for certain land which was
excluded from the Iowa Reservation es-
tablished in southeast Nebraska and
northeast Kansas by an 1854 treaty and
as additional payment for other land
sold under the same treaty.
Funds to pay this award were appro-
priated by Congress on March 21. 1972.
and the tribes have since agreed on the
division of the funds. Whereas authoriza-
tion legislation was not acted upon by
the Committee on Interior and Insular
Affairs due to time limitations in the sec-
ond session of the 92d Congress, I, there-
fore, reintroduce this legislation author-
izing payment of the appropriated sum
to the Iowa Tribes in the hope that it will
receive prompt attention.
Mr. President, it is unreasonable that
a just claim arising from a formal U.S.
treaty adopted nearly 120 years ago
should still remain unsatisfied. It would
be even more unjust for the Senate to de- '
lay any longer the satisfaction of this
claim. The Claims Commission has
awarded the claim. Congress has appro-
priated the money, a tribal agreement
on distribution of the fimds has been
reached, and Congress must now pass the
authorizing legislation to enable settle-
ment of this claim. I. therefore, encour-
age my colleagues to act promptly in
their consideration of this bill, and bring
about prompt payment of this 120 -year-
old obligation.
The Iowa Tribe of Oklahoma and
of Kansas and Nebraska have a mem-
bership of approximately 1,740 individ-
uals. The Iowa Reservation of the Kan-
sas and Nebraska Tribe is located in
BrowTi County, Kans., and in Richardson
County. Nebr. It covers approximately
1.378 acres, most of which is farmland.
Approximately 83 percent of the land is
used by Indians and the remainder by
non-Indiani under lease arrangements.
The tribi is governed by a general
council composed of all enrolled members
of legal age, and by an executive com-
mittee whicli has broad delegated powers
for carrying on the daily business of the
tribe.
The primary functions of the tribal
government are in matters pertaining to
the preparation of claims, prosecution
and distribution of claims preparation of
membership rolls, and supervision of the
tribal lands.
The tribal government has proposed
distribution of the judgment funds now
in question on a per capita basis to cur-
rently enrolled members, in accordance
with the tribal constitution. They have
voted to hold payments distributed to
minors in trust for them, and are in
the process of establishing a trust fund
in a local bank for this purpose. Once
completed, the trust proposal will be sub-
mitted to the Secretary of the Interior
for final approval. I urge the Senate to
2:!4
re spect the wishes of the tribe and permit
reDention of the trust funds in the local
Ir diEin community.
There is no controversy surrounding
this award. The claims commission has
ac judged it, the Iowa tribal government
hjs agreed on the distribution scheme,
ai.d Congress has appropriated $633.-
19 3.77 to satisfy claim docket No. 135.
I im hopeful that this authorization bill
cBn be acted upon promptly so that this
ot ligation owed by the United States to
th e people of the Iowa Tribes may be met.
il
. ,nt
tw
er
in
w
m
cohc
I
th;
I
CONGRESSIONAL RECORD — SEN ATE
January U, 1973
By Mr. DOLE:
S. 43. A bill to provide for the manda-
inspection of rabbits slaughtered
human food, and for other purposes.
red to the Committee on Agricul-
and Forestry.
NTRODUCTION OF RABBIT PROCESSING BILL
Mr. DOLE. Mr. President, during the
Congress the Senate passed a bill
.viding for the mandatory inspection
rabbits slaughtered for human food,
to the rush of the closing days of
Congress, the House was unable to
on this legislation although it had
.ived committee approval and we felt
R-as assured passage.
Today I would like to introduce this
Kislation once again and urge prompt
action to enable the same privilege to
producers and processors that
ler meat and poultry producers and
piDcessers enjoy,
fvlr. President, rural America is facing
crisis. Even with our Govern-
ment farm programs farm population
to decline. These people are
ving the farm for one reason— they
._. make a living wage with the in-
,5ing cost of fr.rming and the declin-
prices they receive for their produc-
torv
for
R( :f en
ture
92d
pip
of
Dte
th»
act
receive
it
le
ac
rafcbit
or
pi
ecpnomic
m ;nt fan
continues
lei^
ca II not
cr;a
in ;
ti(Jn
PREFER RURAL LIFE
Vly State of Kansas is no exception.
K; msas economy is basrd on agriculture.
G: ain production and livestock are the
0 biggest industries in the State. Sev-
generations h^ve succeeded in farm- •
the same lands. These people do not
...t to leave the farm community and
grate to the urban centers and their
entration of problems.
This economic concern is exhibited in
efforts of a northwest Kansas com-
mlinitv ir. and around Kil City. Graham
C( unty. Kans.
Several years ago, citizens of that com-
m mity banded together v. ith citizens of
se -er^l counties in that ar°a. There were
c'jmmunity leaders, farmers, bankers,
i! d low-income laboreiS -all joined to-
geiher to create an economic develoo-
m 'nt group to try to improve thrir fu-
ture
ADDITION.\L INCOME
The result of this alliance was the
f o -mation and inauguration of Kansas
Fc od Products, Inc., a plant to slaughter
ar d process rabbits. The farmers of the
surrounding area produce the domestic
raDbits — sell them to the plant — which
si; ughters and processes them. Under
contract, the plant produces rabbits for
domestic use. and contracts to sell other
pc rtions of the rabbit carcass to research
facilities. This plant has been operating
for several years and is expanding rapid-
ly. It has greatly enhanced the commu-
nity it serves, provides employment for
some citizens, and a supplemental crop
for farmers to improve their incomej'
INSPECTION COSTLY
The management chose wisely to build
the plant to comply with USDA meat and
poultry inspection specifications, so the
consumer would be assured of wholesome
meat. Their USDA inspection is strictly
a voluntary action, in order to protect
the consumer, and this plant is forced to
pay over $15,000 per year for this inspec-
tion service. Plants slaughtering other
meat animals or poultry receive this in-
spection service at no charge as a means
to fulfill the Wholesome Meat and Poul-
try Acts.
Today. I introduce a bill that would
provide for the same USDA inspection
service to slaughtering and processing
plants for rabbits that is provided proces-
sors of other animals prep.a:ed for con-
sumer food. As a cosponsor of the Whole-
some Meat and Poultry Acts, I feel it was
the intention of these acts to provide
such service, and it is with this purpose
that I introduce this bill again in this
Congress and urge prompt action.
By Mr. DOLE:
S. 44. A bUl to amend the Small Busi-
ness Act to increase 'the availability of
management coimseling to small busi-
ness concerns. Referred to the Commit-
tee on Banking, Housing and Urban Af-
fairs.
INTRODUCTION OF A BILL TO STRENGTHEN SCORE
AND ACE PROGRAMS OF ASSISTANCE TO SMALL
BUSINESS
Mr. DOLE. Mr. President, the Small
Business Administration has for many
years counseled and assisted small busi-
nessmen in accordance with the mandate
of the Small Business Act. One of the
agency's most valuable services is pro-
vided through the Service Corps of Re-
tired Executives — SCORE. Established in
1964, this organization of successful, re-
tired businessmen volimteers time and
know-how to aid those who are strug-
gling to succeed in businesses. It has pro-
duced an outstanding record of success.
In an effort to increase the availability
of management counseling to small busi-
nessmen, SBA has recently established
the Active Corps of Executives — ACE —
whose members perform similar advisory
services while engaged in the operations
in their own businesses.
SECTION 1
Today I am introducing a bill which
seeks to strengthen the SCORE and ACE
programs by facilitating expansion anS
flexibility in their operations. Section 1
would further this goal by exempting
SBA from the present prohibition against
acceptance of voluntary services in the
case of the SCORE and ACE programs.
Presently SCORE and ACE volunteers
render their services directly to the small
business community. In expanding this
assistance, it is contemplated that volun-
teers could be used profitably in other
roles, such as manning interview desks
and conducting management ability
evaluations. Assumption of such fimc-
tions, however, might blur the distinction
between rendering their volunteer serv-
ices to the small businessman rather
than to SBA. Any questions that might
arise through such expanded operations
would be avoided by amending section
5(bt (9) of the Small Business Act to re-
move the general prohibition against ac-
ceptance of voluntary services by Federal
agencies in the case of SCORE and ACE
volimteers.
Section 2
Section 2 of the bill is directed largely
toward improving the conditions under
which SCORE end ACE volunteers work
and establishing more equitable reim-
biu-sement arrangements for out-of-
pocket expenses. My proposal would al-
low SBA to furnish the volunteers once
fafilities. parking space, and other sup-
port were not otherwise available. Under
the small business act, as amended, SBA
is permitted to reimburse these volun-
teers for travel and out-of-pocket ex-
penses only when incurred In connection
wi-h travel to points more than 50 miles
from their homes. In urban areas the dis-
t-inces between the volunteer and the
smill businessman being assisted is
usually less than 50 miles, but the out-of-
pocket expenses imposed on the volun-
teer are significant, due to such factors
as parking, public transportation, tolls,
or cabfare. SBA cannot at present reim-
burse volunteers for these legitimate ex-
penses, and it is unfair to expect
them to assume such financial burdens.
Another provision would authorize ex-
penditures for advertising and other
publicity to alert small businessmen to
the availability of SCORE and ACE
services in their communities.
This legislation has previously received
the support of both the Senate Small
Business Subcommittee and the Senate
Banking. Housing and Urban Affairs
Committee, and was previously passed by
the Senate as an amendment to small
business legislation considered in the
91st Congress. Given this history of sup-
port, I am hopeful that during the 93d
Congress the bill may receive early con-
sideration and approval of both the
House and Senate. I encourage my col-
leagues to join in support of this effort
to expand and strengthen the SCORE
and ACE programs which have proven
so valuable to small business, and ask
unanimous consent that the text of the
bill be printed in the Record at the con-
clusion of my remarks.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
s. 44
Be in enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That section
5(b) (9) of the Small Bxislness Act (15 U.S.C.
634(b)(9)) Is amended to read as follows:
"(9) accept and utilize the services and
facilities of Federal, State, and local agen-
cies and groups, both public and private, and
accept gratuitous, voluntary, and uncom-
pensated services and facilities without re-
gard to the provisions of section 3679 of the
Revised Statutes (31 U.S.C. 665(b)):"
Sec. 2. Subparagraph (B) of section 8(b)
(1) of the Small Business Act (15 U.S.C.
637 (b) (1)(B)) Is amended to read as fol-
lows:
"(B) in the case of any Individual or group
of persons cooperating with it in further-
ance of the purposes of subparagraph (A),
(1) to allow such an Individual or group such
use of the Administration's available ofBce
January ^, 1973
CONGRESSIONAL RECORD — SENATE
225
facilities, parking space, and related ma-
terials and services as the Administration
deems appropriate; (11) to rent for the use of
such an individual or group such office facil-
ities, parking space, and related materials
and services as would not otherwise be
available for the purpose and as the Ad-
ministration deems appropriate; (ili) to pay.
as the Administration deems appropriate,
the expenses of disseminating through ad-
vertising media information to small busi-
ness concerns respecting the availability of
such individuals or groups; (iv) to pay. as
the Administration deems appropriate, the
expense of placing in telephone directories
and independent listing of the telephone
numbers of such individuals or groups; (v)
to reimburse any such individual for the cost
incurred in making any telephone call from
his home in furtherance of the purposes of
subparagraph (A); and (vi) to pay the
transportation expenses and a per diem al-
lowance in accordance with section 5703 of
title 5, United States Code, to any such indi-
vidual or group for travel and subsistence ex-
penses incurred at the request af the Admin-
istration in providing gratuitous services to
small businessmen in furtherance of the pur-
poses of subparagraph (A) or in connection
with attendance at meetings sponsored by
the Administration;".
By Mr. DOLE :
S. 45. A bill to authorize advance relo-
cation of FAS Route 1343 in connection
with the Onaga Lake project in Kansas.
Referred to the Committee on Public
Works.
BRIDGE CONSTRUCTION IN POTTAWATOMIE
COUNTY, KANS.
Mr. DOLE. Mr. President, a situation
has arisen in Pottawatomie County,
Kans., as the intersection of two Federal
programs has put local citizens and local
government in a difficult position.
The Federal Aid Highway Act of 1968
contained a provision — section 26 — call-
ing for inspections and engineering stud-
ies to be made on all bridges in the Fed-
eral aid secondary system of roads and
highways in the United States. This leg-
islation was wise and responsive to a real
need to assess the safety of these bridges
many of which are quite old and have
come to carry traffic loads far in excess of
their original design specifications.
Throughout the country, these studies
have been undertaken, and in many
cases it has been shown that bridges are
unsafe and should be repaired, replaced,
or closed. Of course, the closing and re-
pair of some bridges has imposed some
hardships on the county governments re-
sponsible for maintenance on the FAS
system. But it is generally recognized that
safety should be a prime consideration
for any transportation system.
Pottawatomie County in northeastern
Kansas has complied with the bridge in-
s.oection law by contracting for a 3 year,
SIO.OOO study of its bridges, giving first
consideration to those structures lying
within the general area of the Onaga
project of the Corps of Engineers author-
ized by Congress in 1962. It was felt that
these structures should be studied first,
because of the expected requirements for
quality bridges to serve the large niun-
bers of tourists who will be drawn to the
area and because it would not be wise to
expend funds for the improvement of
some bridges if they are soon to be closed
CXIX 15— Part 1
and flooded when impoundment begins
in the lake. As it has turned out five of
these bridges are unsatisfactory and
should be closed. The findings of this
study are not disputed, and county offi-
cials readily accept the need for this ac-
tion to be taken in the interests of public
safety.
But a major problem presents itself
in that if all five of these bridges — whicii
extend along 16 miles of the Vermillion
Creek — are closed, a major disruption in
local traffic will occur and serious incon-
venience for farmers and other local
residents will result.
A tantalizing element is introduced
into this matter by virtije of the fact
that one bridge on FAS''route 1343 ap-
proximately midway albng this 16-mile
distance is near a site considered by the
Corps of Engineers in its preliminary
planning for the Onaga Lake to be de-
sirable for a lake crossing. Construction
of such a crossing would, therefore, pro-
vide an ideal solution for the traffic
problems of Pottawatomie <Jpunty. The
problem, however, is that, although the
lake project is well into development with
$250,000 appropriated in fiscal year 1973
for advanced engineering and design
work, actual construction probably will
not begin for 2 years.
So the county is faced with a serious
need to provide a bridge to allow traffic
movement across this 16-mile length of
Vermillion Creek, and at the same time
it sees that any money spent on improve-
ment of one of these bridges will be
wasted when the Onaga Lake is com-
pleted, both because the bridge will be
-inundated and because the Corps of
Engineers will proceed with its road re-
location plans in any event. The Corps
of Engineers, as it has indicated in ex-
tensive correspondence with my office,
appreciates the county's problem, but
it cannot proceed with advance reloca-
tion of this FAS route on the basis of its
current authority.
In view of these facts and the obvious
good sense, economically and practically,
of helping both in the county and corps
to do their jobs in the best interests of
the taxpayers. I am introducing legis-
lation to authorize the 'Corps of Engi-
neers to proceed with advance relocation
of FAS 1343 over the ■Vermillion Creek
in accordance with the reqiurements of
the Onaga Lake project.
I believe this legislation will provide
the best possible solution for the prob-
lems v;hich have been encoimtered. The
citizens of Pottawatomie County will be
able to travel through the area without
imreasonable inconvenience; the coimty
government and its taxpayers will be
spared the tmnece.ssary expense of re-
pairing or replacing a bridge that will
be of no use in 2 or 3 years; and the
Corps of Engineers will be able to com-
plete a necessary and important seg-
ment of its project in a manner which
will be entirely consistent with the proj-
ect's overall goals and requirements.
By Mr. DOLE (for himself and
Mr. Pearson) :
S. 46. A bill authorizing the improve-
ment of certain roads in the vicinity of
Melvem and Pomona Reservoirs, Osage
Coimty. Kans. Referred to the Commit-
tee on Public Works.
ROAD AND BRIDGE CONSTRUCTION ASSISTANCE
FOR OSAGE COUNTY, KANS.
Mr. EKDLE. Mr. President, construc-
tion of a Federal multipurpoge dam and
reservoir is a highly valuable iaddition to
any county or region. The c()nstruction
process initially has a favorable eco-
nomic impact in the area. And comple-
tion of the facility often means assur-
ance of nearby commimities' T^ater sup-
plies; valuable flood protection for
homes, businesses and farms; and the
establishment of a new leisure-and-
recreation economic base for the area.
A new reservoir, however, does not
bestow its benefits without !cost to its
locality, for it necessarily removes sub-
stantial acreage from the tax rolls. A
dilemma is posed in that reduction of the
tax base is accompanied by ah increased
need for outlays to finance construc-
tion of improvements — particularly
roads and bridges — which will enable
the tax base to be built up through
business, recreational, and residential
developments.
In most cases, the problems of finan-
cing the expenditures required to stimu-
late this compensating growth of the tax
base are within the capabilities of the
affected local and State governments.
Most citizens recognize the need and re-
spond by supporting tax levies and bond
issues to imderwrite these -costs. Fre-
quently, such efforts require significant
sacrifices, but they are made in the real-
ization that such investments in future
growth will pay handsome dividends.
Ten years ago. the Pomona Reservoir
was constructed in Osage County, Kans.,
and it has proven to be a higlily success-
ful project, providing substantial flood
protection for a wide area: of eastern
Kansas and proving to be an outstand-
ingly attractive recreation area with its
246.000 acre-feet impoundment in a
beautiful natural setting.
But Osage County has been doubly
blessed; for. now nearing completion is
the 360.000 acre-feet Melv^rn Reservoir.
Completion of Melvern will make Osage
Coimty one of the prime tourist attrac-
tions in the eastern Kansas-western
Missouri area and will give the county a
unique status in having two Federal
reservoirs within its borders. But while
this county has benefited substantially
from the development of its water re-
sources, it must contend with an unusual
set of problems raised by this double
helping of attractive features.
Only 13,000 people live in this county,
and some 12.000 acres of itslmost valu-
able ag^ricultural land have been removed
from the tax base. Thus diminished , the
tax rolls have been squeezed, and the
burdens of the taxpayers have, for ♦^he
time being, been increased. Even so. the
citizens of the comity have welcomed and
supported these additions to their area.
In recognition of the need to stimulate
the lakes' business recreational and resi-
dential development by mqiklng them
more accessible, a countywidle $1.5 mil-
lion bond issue has been passed to sup-
port a replacement prosrram for the old-
est and most unsafe bridges. But the ca-
pacity of local citizens to do more Is sen-
226
I
CONGRESSIONAL RECORD — SEN ATE
ously limited ^he State of Kansas has
also made an effort to help by improving
the highway which runs near both res-
ervoirs, but much more must be done.
I would point out that the improve-
ment of these roads and highways is not
simply a matter of local economic inter-
est. It also reflects a broader public inter-
est in seeing that these federally funded
projects return the maximum possible
benefits for the American taxpayer's
dollar, and those returns can be meas-
urably enhanced by making access to
those reservoirs easier and safer for
visitors. Nearly 1 million people visited
the Pomona Reservoir last year, and
more than 7 million have come since it
opened. When Melvem also becomes
operational, the volume of visitors can
be expected to increase substantially and
thereby overtax the local bridges and
roads which were originally designed and
constructed with no idea of carrjang
the volume of traffic which they are now
facing. A first-rate crisis in terms of
capacity, accessibility and safety will
occur unless major steps are taken to
expand and improve the local road and
highway system.
Therefore, I am introducing legisla-
tion to provide authority for the Army
Corps of Engineers to undertake a sub-
stantial road improvement program for
Osage County in the vicinity of the
Melvem and Pomona Reservoirs.
I have been in contact with the Osage
Countv Commis.sioners and am aware of
the major efforts the county has under-
taken to solve the problem on its own.
Yet, there is only so much that can be
done locally and additional assistance
should be made available.
Therefore, I would hope this proposal
can receive favorable and speedy con-
sideration so that the improvements may
be completed at the earliest possible date
and the visitors and residents in Osage
County can be provided safe and ade-
quate roads in the Pamona and Melvern
Reservoir areas.
This bill provides that no money shall
be spent for any U.S. military action in
Indochina, except for the withdrawal of
our forces and their protection during the
withdrawal. This measure reqmres that
the total withdrawal of all American
forces from Vietnam. Laos, and Cambo-
dia be completed within 2 months of its
enactment.
The restriction on fimding and the
disengagement deadline is conditioned
solely on the release of our prisoners of
war and an accounting of our missing
in action by the North Vietname,se and
their allies.
The Vietnam Disengagement Act of
1973 differs from the amendments adopt-
ed last summer in only one respect: the
length of time afforded for the total
withdrawal of U.S. forces frcn Indo-
china. While last year the Senate ap-
proved a 4-month timetable, I propose
we now enact a 2-minth deadline for an
end to our participaticn in the war in
Indochina.
This 2-month timetable coincides with
that revealed in Presidential Adviser
Henry Kissinger's October 26 statement.
He said:
U.S. forces would be withdrawn within
sixty days of the signing of the agree-
ment; . . . and all captured military per-
sonnel and foreign civilians (would) be re-
patriated within the same time period as
the withdrawal— that Is to say. there will be
a return of all American prisoners — military
or civilian — within sixty days after the agree-
ment comes into force.
By Mr. BROOKE (for himself, Mr.
"CR.^NSTO^r. Mr. Case. Mr. Cook.
Mr. Hart, Mr. J.^vixs. Mr. Hat-
field. Mr. Mathias, Mr. Mc-
GOVERN, Mr. MclNTYRE, Mr.
MrsKTE, Mr. Pastore. Mr. Pell.
Mr. Proxmire, Mr. Randolph,
Mr. ScHWEiKER, Mr. Stevenson,
and Mr. Weicker^ :
S. 48. A bill to amend the Foreign As-
sistance Act of 1961 with respect to the
availability of funds for military assist-
ance and military operations in Indo-
china. Referred to the Committee on For-
eign Relations.
THE VI^T^^AM DISrKCACrMrNT ACT or 1973
Mr. BROOKE. Mr. President, on be-
half of Senators Cranston, Case, Cook,
Javits, Hart, Mathias, McGovern, Mc-
Intyre, Pastore, Pell. Proxmire, Ran-
dolph. ScHWEiKER. Stevenson, Weicker,
and myself, I introduce, for appropriate
reference, the Vietnam Disengagement
Act of 1973.
Senators will, recognize the basic pro-
visions of this measure, for they are vir-
tually identical to those contained in
the so-called Brooke amendment adopted
by the Senate on July 24, 1972, and
August 2, 1972.
From Dr. Kissinger's statement, it ap-
pears the formula contained in this bill
is diplomatically feasible. Logistically.
too. I would argue that this timetable is
possible because there are at the present
time only 24,000 U.S. troops in Indochina.
And we have in the past withdrawn this
many and more within a 2-monLh period.
Mr. President, we were told in October
that peace was at hand. But for reasons
not adequately explained, the agreement
was not reached. Peace slipped from our
grasp. The talks stalled and the war ac-
celerated with devastating fury.
Within the past 3 weeks, the U.S. Com-
mand in Saigon has reported the highest
American casualty rate in over 2 years;
109 Americans have been reported killed,
missing, or captured. Seventeen B-52
bombers at a cost of $10.9 million apiece,
have officially been listed as shot down
by the enemy: many other planes have
been lost as well.
Despite official claims that we have
aimed only at military targets, Arrerican
bombing raids have resulted in the de-
struction of schools and hospitals in
Hanoi. Our bombing has been the most
intensive in the history of warfare, and
has been called a "campaign of terror"
against the North Vietnamese. According
'to the Hanoi government, 1,316 North
Vietnamese have been killed and another
1.256 woimded in recent attacks. Amid
the rubble that was Hanoi lay the world's
hopes for peace by year's end.
Now the intensified hostilities have
subsided and the talks are scheduled to
resume January 8. We pray for success
in the talks in Paris and for peace in
Southeast Asia. And we are also hopeful
that we have seen an end to escalation as
a military or diplomatic tactic.
There are our hopes. But our hopes
January J^, 1973
have been raised before. And past experi-
ence has proved hope to be an insufficient
foundation for public poUcy.
For too long the President has as-
sumed the full burden of authority in
the conduct of this tragic war. It is time
that we ;n Congress assume our responsi-
bility and share the burden of bringing
an end to the war. Our constitutfonal and
moral responsibihty is clear. Congress has
no more compelling obligation than to
bring and maintain peace. In the days
ahead, we must do all within our power
to fulfill this obligation. And I ask that
all of my colleagues consider Vietnam
OTsengagement Act of 1973 as an appro-
priate means toward that fulfillment.
Mr. President, I ask unanimous con-
sent that the full text of the bill be
printed at this point in the Record.
The PRESIDING OFFICER (Mr.
Saxbe) . The bill will be received and ap-
propriately referred; and, without objec-
tion, the bill, as requested by the Senator
from Massachusetts, will be printed in
the Record.
S.48
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That this Act
may be cited as the '•Vietnam Disengagemeni
Act of 1973".
Sec. 2. The Foreign Assistance Act of 1961
is amended by adding at the end thereof the
following new section:
"Sec. 659. LiMrrATiON Upon Use of Funds
IN Indochina. — Funds authorized or appro-
priated under this Act or any other law for
United States forces with respect to military
actions In Indochina may be used only for
the purpose of withdrawing all United States
ground, naval, and air forces and protecting
such forces as they are withdrawn; and the
withdrawal of all United States forces from
Vietnam. Laos, and Cambodia shall be carried
out within two months after the date of en-
actment of this Act; Provided. That there Is
a release within the two-month period of all
American prisoners of war held by the Gov-
ernment of North Vietnam and forces allied
with such Government, and an accounting of
all Americans missing In action who have
been held by or known to such Government
or such forces."
January U, 1973
CONGRESSIONAL RECORD — SENATE
227
Mr. CRANSTON. Mr. President, will
the Senator yield?
Mr. BROOKE. I am pleased to yield to
my distinguished partner who worked
very closely with me in the Brooke-
Cranston amendment in 1972.
Mr. CRANSTON. Mr. President, I
thank my friend, the Senator from Mas-
sachusetts, for yielding. I thank him also
for once again reminding the leaders on
this side of this matter, and I am de-
lighted to join with him in seeking to
take the necessary steps to end the Amer-
ican involvement in this war in view of
the f^re of two Presidents in a row to
end our involvement in this tragic con-
flict- ,., .„
I announced while I was in California
on December 21 that I would seek the
first legislative opportunity to cut oft
funds for American military operations
In Vietnam if U.S. forces are stUl en-
gaged in the fighting when Congress re-
convened.
American forces are still engaged m
the fighting. This is the first legislative
opportunity for me to do what I can to
try to help stop this madness. I am tafe-
ing advantage of that opportunity.
It seems clearer now than ever before
that Congress must refuse to continue
to provide funds for the Vietnam war no
matter what happens at those off-again,
on-again, peace-at-hand negotiations in
Paris.
Whether we expect those negotiations
finally to succeed or once again to break
down should in no way affect our actions.
If the negotiations should break down,
we in Congress must not finance any re-
newal of the bombing. If on the other
hand the negotiations at long, long, long
last succeed — and we all hope and pray
that they will — then additional bombing
money will obviously no longer be needed.
In either case — in any case — America
cannot. America must not continue to
support the Thieu government through
hell, hiph water, endless bombing, end-
less killing, and endless spending.
If the President and Ms advisers can-
not end our military involvement in this
war. the Congress must.
I say enough of this war. Enough of
this madness. Enough, enough.
Mr. President, I would like to ask our
distinguished colleague, the Senator
from Massachusetts, if it is not his hope
that we can get this proposal before the
Senate in a way that can be truly mean-
ingful by seeking to attach it as an
amendment to the foreign aid bill which
is now pending before the Foreign Rela-
tions Committee and which must come
before the Senate rather soon.
Mr. BROOKE. Mr. President, in re-
sponse to the question of mv distin-
guished colleague, I have already talked
"* with the distinguished chairman of the
Foreign Relations Committee, the Sena-
tor from Arkansas ("Mr. Fulbright) , and
consideration will be given by the com-
mittee to the bill. This bill could be at-
tached as an amendment to the foreign
aid bill which is, of course, permanent
legislation.
I think that in this matter we might
get the bill before the Senate as an
amendment within a short period of time.
I think th?t time is of the essence, as I
said in my prepared text.
I am very hopeful that there will be
success in the negotiations at Paris.
Nevertheless, we have the constitutional
responsibility to act.
I am hopeful that this bill will come
before this body, that it wUl be passed by
this body, and that this time the House
of Representatives will join also in pass-
ing this legislation, which too long we
have delayed.
Mr. CRANSTON. I thank the Senator
from Massachusetts. I shall join with
him in seeking to persuade the Foreign
Relations Committee to adopt this meas-
ure as an amendment to the foreign aid
bill. It will then be of greater strength,
attached to a measure of which a veto is
less likely to occur, than simply as a bill
standing on its ov<'n, and in any case we
will then be in a far stronger parlia-
mentary position to exercise our strength,
our will, and the right of Congress to end
this war. I look foward to working with
my colleague night and day to achieve
that end.
Mr. BROOKE. I certainly agree with
the Senator from California that this is
perhaps the best parliamentary proce-
dure we can take, and I am very grati-
fied to have his continued support, be-
cause his support has been invaluable
in having the Senate pass this amend-
ment twice in 1972.
Mr. CRANSTON. I thank the Senator
from Massachusetts.
Mr. BROOKE. Mr. President. I ask
unanimous consent that my staff assist-
ant, Miss Marilyn Dexheimer, be per-
mitted to remain on the floor for the
purpose of this discussion.
The PRESIDING OFFICER *Mr.
Saxbe ). Without objection, it is so or-
dered.
Mr. MUSKIE. Mr. President, with the
election behind us. it is the responsibility
of every Member of Congress to examine
once again his stance and his conscience
in regard to the Indochina conflict. I,
for one. agree with Senator Mansfield's
recent remarks to the Democratic con-
ference that —
It remains for the CougreHS to seek to bri:i^
about complete dlsinvolvement. We have no
choice but to pursue this course.
Accordingly, this morning I agreed to
join Senator Brooke as cosponsor of a
bill designed to "restrict the use of funds
for U.S. military operations in Indochina
solely to the withdrawal of all our forces
from Vietnam. Laos, and Cambodia,"
with the spendiiig restriction and with-
drawal deadline conditional only on a
full accounting of all Americans missing
in action.
Accordingly, I also supported Senator
Kennedy's resolution at the Democratic
conference to make it Democratic policy
in the 93d Congress that —
No further public funds be authorized, ap-
propriated or expended for U.S. military com-
bat operations In or over Indochina and that
such operations be terminated Immediately,
subject only to arrangements necessary to
insure the safe withdrawal of American
troops and return of American prisoners of
war.
Thus far, the President has rejected
all efforts by the Senate, and especially
th^ Foreign Relations Committee, to be-
come informed with respect to the Paris
negotiations, with respect to the break-
down in negotiations, with respect to the
reasons for the unprecedented and
shocking bombing in North Vietnam
which has taken place in recent weeks.
Without such information, it is impos-
sible for the Congress and for this Sen-
ator to comprehend the rationale for the
President's policy in Vietnam.
Nevertheless, the American people
have the right to expect the Members
of Congress to take a stance on our con-
tinuing involvement in the Indochina
conflict. My position remains clear. I be-
lieve our involvement must be ended. I
reject the President's policy of bombing
the North. I do not believe it is required
by any rational assessment of America's
security interests. I believe the time for
debate on our involvement m Indochina
has passed.
It is for these reasons I support Sen-
ator Mansfield's statement about the
need for the Congress to bring about
complete dlsinvolvement. It is for these
reasons I supported Senator Kennedy's
resolution at the Democratic conference.
And it is for these reasons I am co-
sponsoring Senator Brooke's bill on the
total withdrawal of our forces from
Indochina.
By Mr. HARTKE < for himself. Mr.
Thurmond, Mr. Talmadge. Mr.
Randolph, Mr. Hughes. Mr.
Cranston. Mr. Hansen, Mr.
Stafford, and Mr. Saxbe i :
S. 49. A bill to amend title 38 of the
United States Code in order to establish a
National Cemetery System within the
Veterans' Administration, and for other
purposes. Referred to the Committee on
Veterans' Affairs. i
NATIONAL CEMETERIES ACT OF 1973
Mr. HARTKE. Mr. President, today I
introduce, as chairman of the Commit-
tee on Veterans' Affairs, a bill to establish
a National Cemeteries System within the
Veterans' Administration. This bill,
which is entitled the National Ceme-
teries Act of 1973 is identical to the bill
which unanimously i^assed the Senate on
October 9, 1972, and unanimously passed
the House oi Representatives on October
11, 1972. only to be pocket vetoed by the
President in a memorandum of disap-
proval on October 27, 1972.
The bill which passed the House and
the Senate last fall and which is reintro-
duced today is the product of numerous
hearings and intensive consideration by
Congress. In 1966, 5 days of hearings
were devoted to the subject of a Na-
tional Cemeteries System. In March of
1968 the U.S. Veterans' Advisory Com-
mission formally recommended the es-
tablisliment of a National Cemeteries
System and an increase in veterans'
burial allowances. Subsequently in 1968.
the House Committee on Veterans' Af-
fairs held 3 days of hearings on the
subject and reported a national ceme-
tery bill which was not acted upon. In
the 91st Congress 3 additional days of
hearings were held in 1970 covering the
National Cemeteries System. Finally, in
the past Congress both tihe House and
the Senate Committees on.Veterans" Af-
fairs each held 2 days of hearings on the
National Cemeteries Act of 1972 which
was subsequently passed byi both Houses.
Given this backgroimd, 1 believe the
Senate can and should proceed to very
early consideration of this' measure. We
are rapidly running out of available
gravesites in our national cemeteries. The
recent closing of Culpeper National
Cemetery in Culpeper. Va., now means
for example, that apart from Arlington
National Cemetery which has highly re-
strictive eligibility requirements, there
are no regular gravesites available in any
national cemetery from Long Island to
North Carolina.
Mr. President, I ask unanimous con-
sent that a section-by-section analysis of
the biU together with the text of the bill
as introduced be inserted In the Record,
at this point. I
There being no objection jthe text of
the bill and the section-by-section anal-
ysis were ordered printed as follows:
S. 49
Be it enacted by the Seriate and House
of Representatives of the United States of
America in Congress assembled, That this
Act mav be cited as the "National Cemeteries
Act Of 1973".
SEC. 2. (a) Part n of title 38, United States
Code. Is amended by adding at the end there-
of the following new chapter:
2::8
CONGRESSIONAL RECORD — SENATE
January I^, 1973
C hapter 24— NATIONAL CEMETERIES AND
MEMORIALS
dec.
1000. Establishment of National Cemetery
System; composition of such sys-
tem; appointment of director.
: 001. Advisory committee ou cemeteries and
memorials.
!002. Persons eligible for Interment in na-
tional cemeteries.
003. Memorial areas.
,004. Administration.
005. Disposition of inactive cemeteries.
006. Acquisition of lands.
007. Authority to accept and maintain
suitable memorials.
1000. Establishment of National Cemetery
System; composition of such
system; appointment of director
■■(a) There shall be within the Veterans'
Aiministratlon a National Cemetery System
fdr the Interment of deceased servicemen
a ad veterans. To assist him In carrying out
his responsibilities in administering the cem-
;erles within the System, the Administrator
lay appoint a Director. National Cemetery
Skstem. who shall perform such functions as
n^ay be assigned by the Administrator.
(b) The National Cemetery System shall
consist of —
'(1) national cemeteries transferred from
. le Department of the Army to the Veterans'
./Administration by the National Cemeteries
^t of 1973;
"(2) cemeteries under the jurisdiction of
the Veterans' Administration on the date of
e lactment of this chapter; and
•■(3) any other cemetery, memorial, or
r^onument transferred to the Veterans' Ad-
Inlstratlon by the National Cemeteries Act
■ 1973, or later acquired or developed by the
j4dmlnlstrator.
J 1001. Advisory Committee on Cemeteries
and Memorials
•'There shall be appointed by the Admln-
litrator an Advisory Committee on Ceme-
teries and Memorials. The Administrator
s;iall advise and consult with the Commit- ,
t?e from time to time with respect to the
administration of the cemeteries for which
1 e Is responsible, and with respect to the
selection of cemetery sites, the erection of
i ppropriate memorials, and the adequacy of
I'ederal burial benefits. The Committee shall
laake periodic reports and recommendations
1o the Administrator and to Congress.
5 1002. Persons eligible for Interment in
national cemeteries
•Under such regulations as the Admln-
strator may prescribe and subject to the
)rovlsioiis of section 3505 of this title, the
emains of the following persons may be
)uried In any open national cemetery in the
■lational Cemetery System :
"(1) .\ny veteran ^ which for the purposes
3f this chapter Includes a person who died In
;he active military, naval, or air service).
",2) .^ny member of a Reserve component
3f the Armed Forces, and any member of the
.\rmv National Guard or the Air National
Guard, v^hose death occurs under honorable
conditions while he is hospitalized or under-
going treatment, at the expense of the United
States, for Injury or disease contracted or In-
curred under honorable conditions while he
is performing active duty for training. In-
active duty training, or undergoing that
hospitalization or treatment at the expense
of the United States.
••(3) Any member of the Reserve Officers'
Training Corps of the Army, Navy, or Air
Force whose death occurs under honorable
conditions while he Is —
"(A) attending an authorized training
camp or on an authorized practice cruise;
"(B) performing authorized travel to or
from that camp or cruise: or
"(C) hospitalized or undergoing treatment,
at the expense of tlfe United States, for In-
jury or disease contracted or incurred under
honorable conditions while be is —
"(1) attending that camp or on that cruise;
"(li) performing that travel; or
"(111) undergoing that hospitalization or
treatment at the expense of the United
"(4) Any citizen of the United States who,
during any war In which the United States
is or has been engaged, served In the armed
forces of any government allied with the
United States during that war. and whose
last such service terminated honorably.
"(5) The wife, husband, surviving spouse,
minor child, and. In the discretion of the
Administrator, unmarried adult child of any
of the persons listed In paragraphs (1)
through (4).
"(6) Such other persons or classes of per-
sons as may be designated by the Adminis-
trator.
"§ 1003. Memorial areas
"(a» The Administrator shall set aside,
when available, suitable areas In national
cemeteries to honor the memory of members
of the Armed Forces missing In action, or
who died or were killed while serving In such
forces and whose remains have not been
Identified, have been burled at sea or have
been determined to be nonrecoverable.
"(b) Under regulations prescribed by the
Administrator, appropriate memorials or
markers shall be erected to honor the mem-
ory of those individuals, or group of Indi-
viduals, referred to in subsection (a) of this
section.
"§ 1004. Administration
"(a) The Administrator is authorized to
make all rules and regulations which are
necessary or appropriate to carry out the
provisions of this chapter, and may desig-
nate those cemeteries which are considered
to be national cemeteries.
"(b) In conjunction with the develop-
ment and administration of cemeteries for
which he is responsible, the Administrator
shall provide all necessary facilities Including,
as necessary, superintendents' lodges, chapels,
crypts, mausoleums, and columbaria.
"(c) Each grave In a national cemetery
shall be marked with an appropriate marker.
Such marker shall bear the name of the
person burled, the number of the grave, and
such other Information as the Administrator
shall by regulation prescribe.
"(d) There shall be kept In each national
cemetery, and at the main office of the Vet-
erans' Administration, a register of burials
In each cemetery setting forth the name of
each person burled In the cemetery, the num-
ber of the grave In which he is burled, and
such other information as the Administrator
by regulation may prescribe.
"(e) In carrvlng out his responsibilities
under this chapter, the Administrator may
contract with responsible persons, firms, or
corporations for the care and maintenance of
such cemeteries under his jurisdiction as he
shall choose, under such terms and condi-
tions as he may prescribe.
"(f) The Administrator is authorized to
conyey to any State, or political subdivision
thereof, in which any national cemetery Is
located, all right, title, and Interest of the
United States In and to any Government
owned or controlled approach road to such
cemetery If. prior to the delivery of any
Instrument of conveyance, the State or po-
litical subdivision to which such conveyance
is to be made notifies the Administrator in
writlne of Its willingness to accept and main-
tain the road Included in such conveyance.
Upon the execution and delivery of such a
conveyance, the jurisdiction of the United
States over the road conveyed shall cease and
thereafter vest in the State or political sub-
division concerned.
"(g) Notwithstanding any other provision
of law. the Administrator may at such time
as he deems desirable, relinquish to the State
in which any cemetery, monument, or memo-
rial under his Jurisdiction is located, such
portion of legislative Jurisdiction over the
lands involved as Is necessary to establish
concurrent jurisdiction between the Federal
Government and the State concerned. Such
partial relinquishment of jurisdiction under
the authority of this subsection may be made
by filing with the Governor of the State In-
volved a notice of such relinquishment and
shall take effect upon acceptance thereof by
the State in such manner as Its laws may
prescribe.
"§ 1005. Disposition of Inactive cemeteries
" ( a ) The Administrator may transfer, with
the consent of the agency concerned, any in-
active cemetery, burial plot, memorial, or
monument within his control to the Depart-
ment of the Interior for maintenance as a
national monument or park, or to any other
agency of the Government. Any cemetery
transferred to the Department of the Interior
shall be administered by the Secretary of the
Interior as a part of the National Park Sys-
tem, and funds appropriated to the Secretary
for such system shall be available for the
management and operation of such cemetery.
"(b) The Administrator may also transfer
and convey all right, title, and Interest of the
United States In or to any inactive cemetery
or burial plot, or portion thereof, to any
State, county, municipality, or proper agency
thereof, in which or in the vicinity of which
such cemetery or burial plot is located, but
in the event the guarantee shall cease or fail
to care for and maintain the cemetery or
burial plot or the graves and monuments
contained therein in a manner satisfactory to
the Administrator, all such right, title, and .
interest transferred or conveyed by the Unit-
ed States, shall revert to the United States.
"(c) If a cemetery not within the National
Cemetery System has been or Is to be discon-
tinued, the Administrator may provide for
the removal of remains from that cemetery
to any cemetery within such System. He may
also provide for the removal of the remains
of any veteran from a place of tempotary in-
terment, or from an abandoned grave or
cemetery, to a national cemetery.
"5 1006. Acquisition of lands
"As additional lands are needed for na-
tional cemeteries, they may be acquired by
the Administrator by purchase, gift (includ-
ing donations from States or political sub-
divisions thereof), condemnation transfer
from other Federal agencies, or otherwise, as
he determines to be in the best Interest of
the United States.
"§ 1007. Authority to accept and maintain
suitable memorials
"Subject to such restrictions as he may
prescribe, the Administrator may accept gifts,
devises, or bequ-sts from legitimate societies
and organizations or reputable Individuals,
made in any manner, which are made for the
purpose of beautifying national cemeteries,
or are determined to be beneficial to such
cemetery. He may make land available for
this purpose, and may furnish such care and
maintenance as he deems necessary."
(b) The table of chapters of part 11 and
the table of parts and chapters of title 38,
United States Code, are each amended by In-
serting immediately below
"23. Burial benefits 901"
the following:
"24. National cemeteries and memo-
rials 1000".
(c) Section 5316 of title 5, United States
Code, is amended by striking out:
"(131) General Counsel of the Equal Em-
ploj-ment Opf>crtunlty Commission."
and inserting In lieu "thereof the following:
"(132) General Counsel of the Equal Em-
ployment Opportunity Commission.
"(133) Director, National Cemetery Sys-
tem, Veterans' Administration."
Sec. 3. (a) The Administrator shall con-
duct a comprehensive study and submit bis
recommendations to Congress within six
January ]+, 1973
CONGRESSIONAL RECORD — SENATE
22ft
months after the convening of the first ses-
sion of the Ninety-third Congress concern-
ing;
( 1 ) criteria which govern the development
and operation of the National Cemetery Sys-
tem, including the concept of regional ceme-
teries;
(21 the relationship of the National Ceme-
tery System to other burial benefits provided
by Federal and State governments to service-
men and veterans;
(3) steps to be taken to conform the exist-
ing System to th^ recommended criteria;
(4) the private burial and funeral costs in
the United States;
(5) current headstone and marker pro-
grams; and
(6) the marketing and- sales practices of
non-Federal cemeteries and Interment facili-
ties, or any person either acting on their
behalf or selling or attempting to sell any
rights, Interest, or service therein, which 19
directed specifically toward veterans and
their dependents,
(b) The Administrator shall also, in con-
junction with the Secretary of Defense, con-
duct a comprehensive study of and submit
their joint recommendations to Congress
within six months after the convening of the
first session of the Ninety-third Congress
concerning:
( 1 ) whether it would be advisable in carry-
ing out me purposes of this Act to Include
the Arlington National Cemetery within the
National Cemetery System established by
this Act;
(2) the appropriateness of maintaining the
present eligibility requirements for burial at
Arlington National Cemetery; and
(3) the advisability of establishing an-
other national cemetery in or near the Dis-
trict of Columbia.
Sec. 4. (a) Subchapter II of chapter 3 of
title 38, United States Code, is amended by
adding at the end thereof the following new
section:
"§ 218. Standards of conduct and arrests for
crimes at hospitals, domicillaries.
cemeteries, and other Veterans'
Administration reservations
"(a) For the purpose of maintaining law
and order and of protecting persons and
property on lands (Including cemeteries) and
in buildings under the jurisdiction of the
Veterans' Administration (and not under the
control of the Administrator of General Serv-
ices), the Administrator or any officer or em-
ployee rrl the Veterans' Administration duly
authorized by him may—
"(1) make all needful rules and regula-
tions, for the governinfi; of the property under
his charge and control, and annex to such
rules and regulations such reasonable pen-
alties within the limits prescribed in subsec-
tion (b) of this section as will insure their
enforcement. Such rules and regulations shall
be posted in a conspicuous place on such
property;
"(2) desig:iate officers and employees of the
Veterans' Administration to act as special
policemen on such property and, if the Ad-
ministrator deems it economical and in the
public Interest, with the concurrence of the
head of the agency concerned, utilize the
facilities and services of existing Federal law-
enforcement agencies, and, with the consent
of any State or local agency, utilize the fa-
cilities and services of stich State or local
law-enforcement agencies; and
"(3) empower officers or employees of the
Veterans' Administration who have been
duly authorized to perform investigative
functions to act as special Investigators and
to carry firearms, whether on Federal prop-
erty or in travel status. Such special Investi-
gators shall have, while on real property un-
der the charge and control at the Veterans'
Administration, the power to enforce Federal
laws for the protection of persons and prop-
erty and the power to enforce rules and reg-
ulations Issued under subsection (a)(1) of
this section. Any such special investigator
may make an arrest without a warrant for
any offense committed upon such property
if he has reasonable ground to believe (A)
the offense constitutes a felony under the
laws of the United States, and (B) that the
person to be arrested is guilty of that offense.
"(b) Whoever shall violate any rule or
regulation issued pursuant to subsection (a)
(1) of this section shall be fined not more
than $50 or imprisoned not more than thirty
days, or both."
(b) Section 625 of title 38, United States
Code, is hereby repealed.
(c) (1) The table of sections at the begin-
ning of chapter 3 of title 38, United States
Code, Is amended by inserting Immediately
after —
"217. Studies of rehabilitation of disabled
persons."
the following:
"218. Standards of conduct and arrests for
crimes at hospitals, domlclUarles,
cemeteries, and other Veterans' Ad-
ministration reservations.".
(2) The table of sections at the beginning
of chapter 17 of title 38. United States Code,
is amended by striking out —
"625. Arrests for crimes In hospital and dom-
iciliary reservations.".
Sec. 5. (a) Chapter 23 of title 38. United
States Code, is amended by —
(1) amending section 903 to read as fol-
lows:
"§ 903. Death in Vetefans' Administration fa-
cility; plot allowance
"(a) Where death occurs in a Veterans'
Administration facility to which the deceased
was propjerly admitted for hospital or domi-
ciliary care imder section 610 or 611 of this
title, the Administrator —
"(1) shall pay the actual cost (not to ex-
ceed $250) of the burial and funeral or,
wlthiii such limit-, may make contracts for
such services without regard to the laws re-
qtiirlng advertisement for proposals for sup-
plies and services for the Veterans' Adminis-
tration; and
"(2) shall, when such a death occurs in a
State, transport the body to the place of bur-
ial i!i the same or any other State
"(b) In addition to the foregoing, If such a
veteran, or a veteran eligible for a burial al-
lowance imdcr .section 902 of this title, is not
burled in a national cemetery or other ceme-
tery under the juri.sdlctlon of the United
States, the Administrator, In his discretion,
having due regard for the circumstances in
each case, may pay a sum not exceeding $150.
as a plot or interment allowance to such per-
son as he prescribes. In finy case where any
part of the plot or interment expenses have
been p.ild or assumed by a State, any agency
or political subdivision of a State, or the em-
ployer of the deceased veteran, no claim for
stich allowance shall be allowed for more
than the difference between the entire
amount of the expenses Incurred and the
amou't paid or asstzmed by any or all of the
foregoing entitles": aad
(2) adding at the end of such chapter the
following new sections:
"§906. Headstones and markers
"(a) The Administrator shall furnish,
when requested, appropriate Government
headstones or markers at the expense of the
United States for the unmarked graves of the
following:
"(1) Any individual burled In a national
cemetery or in a post cemetery.
"(2) Any individual eligible for burial In
a national cemetery ( but not burled there ) ,
except for those persons or classes of persons
enumerated In section 1002(a) (4). (5), and
(6) of this title.
" (3) Soldiers of the Union and Confederate
Armies of the ClvU War.
"(b) The Administrator shall furnish,
when requested, an appropriate memorial
headstone or marker to commemorate any
veteran dying In the service, and whose re-
mains have not been recovered or Identified
or were buried at sea, for placement by the
applicant in a national cemetery area re-
served for such purposes under the pro-
visions of section 1003 of this title, or in any
private or local cemetery.
"§ 907. Death from service-connected disa-
bility
"In any case In which a veteran dies as the
result of a service -connected disability or dis-
abilities, the Administrator, upon the request
of the survivors of such veteran, shall pay
the burial and funeral expenses incurred In
connection with the death of the veteran In
an amount not exceeding the amount au-
thorized to be paid under section 8134(a) of
title 5 in the case of a Federal employee
whose death occurs as the result of an In-
jury sustained in the performance of duty.
Funeral and burial benefits provided under
this section shall be in lieu of any benefits
authorized under sections 902 and 903(a) (1)
and (b) of this title.'
(b) The table of sections at the beginning
of chapter 23 of title 38, United States Code,
is amended — i
(1) by striking out I
"903. Death In Veterans' Administration fa-
cility."
and inserting In lieu thereof »
"903, Death in Veterans' Administration fa-
cility; plot allowance.";
and
(2) by adding at the end thereof the fol-
lowing Items:
"906. Headstones and markers.
"907. Death from service-connected disabil-
ity.".
Sec. 6. (a) (1) There are hereby transferred
from the Secretary of the Army to the Ad-
ministrator of Veterans' Affairs all Jurisdic-
tion over, and responsibility for (A) all na-
tional cemeteries (except the cemetery at the
United States Soldiers' Home and Arlington
National Cemetery), and (B) any other ceme-
tery (including burial plots), memorial, or
monumer.t under the Jurisdiction of the Sec-
retary of the Army Immediately preceding
the effective date of this section (except the
cemetery located at the United States Mili-
tary Academy at West Point) which the
President determines would be appropriate in
carrying out the purposes of this Act.
(2) There are hereby transferred from the
Secretary of the Navy and the Secretary of
the Air Force to the Administrator of Veter-
ans' Affairs all Jurisdiction over, and respon-
sibility for. any cemetery (including burial
plots), memorial, or monument under the
jurisdiction of either Secretary Immediately
preceding the e:Tectlve date of this section
(except those cemeteries located at the Unit-
ed States Naval Academy at Annapolis, the
United States Naval Home Cemetery at Phil-
adelphia, and the United States Air Force
Academy at Colorado Springs) which the
President determi'ies would be appropriate in
carrying out the purposes of this Act.
(b) So much of the personnel, property,
records, and unexpended balances of appro-
priations, allocations, and other funds avail-
able to, or under the jurisdiction of, the
Secretary of the Army, the Secretary of the
Navy, and the Secretary of the Air Force, ia
connection with functions transferred by this
Act, as determined by the Director of the
Office of Management and Budget, are trans-
ferred to the Administrator of Veterans' Af-
fairs.
(c) All offenses committed and all penalties
and forfeitures Incurred under any of the
provisions of law amended or repealed by this
Act may be prosecuted and punished in the
same manner and with the same effect as if
such amendments or repeals had not been
made.
(d) All rules, regulations, orders, permits,
and other privileges issued or granted by
the Secretary of the Army, the Secretary of
:j30
CONGRESSIONAL RECORD — SEN ATE
January 4, 1973
he Na'-T. or ^^he Secretary of the Air Force
ilth respect to the cemeteries, memorials,
ind monuments transferred to the Veterans'
^.dmlnlstration by this Act, unless contrary
o the provisions of such Act, shall remain
n full force and effect until modified, sus-
lended, overruled, or otherwise changed by
he Administrator of Veterans' Affairs, by
luy court of competent jurisdiction, or by
)peration of law.
(e) No suit, action, or other proceeding
lommenced by or against any officer in his
jfflclal capacity as an official of the Depart-
nent of the Army, the Department of the
■lavy, or the Department of the Air Force
vlth respect to functions transferred under
iUbsection (a) or (c) of this section shall
ibate by reason of the enactment of this sec*
lou. No cause of action by or against any
uch department with respect to functions
rauf erred under such subsection (a) or by
)r against any officer thereof in his official
;apaclty. shall abate by reason of the enact-
neiit of this section. Causes of actions, suits,
)r other proceedings may be asserted by or
igainst the United States or such officer of
.he Veterans' Administration as may be ap-
)ropriaie and, in any litigation pending
vhen this section takes effect, the court may
it any time, upon Us own motion or that of
my party, enter an order which will give
;ffect to the provisions of this subsection. If
>efore the date this section takes effect, any-
such department, or officer thereof in his
official capacity. Is a party to a suit with
■espect to any function so transferred, such
iult shall be continued by the Admlnlstra-
;or of Veterans' Affairs.
Sec. 7. (a) The following provisions of law
ire repealed, except with resp)ect to rights
ind duties that matured, penalties, liabili-
ties, and forfeitures that were Incurred, and
proceedings that were begun, before the
effective date of this section :
(1) Sections 4870, 4871, 4872, 4873, 4875.
1877, 4881, and 4882 Af the Revised Statutes.
(24 VS.C. 271, 272, 273, 274. 278. 279, 286,
md 287).
(2) The Act entitled "An Act to provide
for a national cemetery In every State", ap-
proved June 29, 1938 (24 VS.C. 271a).
(3) The Act entitled "An Act to provide
for selection of superintendents of national
semeterles from meritorious and trustworthy
members of the Armed Forces who have
been disabled In line of duty for active field
service", approved March 24, 1948, as amen<i-
Sd (24U.S.C. 275).
(4) The proviso to the second paragraph
preceding the center heading "medical de-
partment" In the Act entitled "An Act mak-
ing appropriations for the support of the
Army for the fiscal year ending June
thirtieth, eighteen hundred and seventy-
seven, and for other purposes", approved
July 24, 1876. as amended (24 U.S.C. 278).
(5) The Act entitled "An Act to provide
for the procurement and supply of Govern-
ment headstones or markers for unmarked
graves of members of the Armed Forces dy-
ing In the service on or after honorable dis-
charge therefrom, and other persons, and for
other purposes", approved July 1, 1948, as
amended (24 U.S.C. 279a-279c).
(6) The Act entitled "An Act to establish
eligibility for bur:al in national cemeteries,
and for other purposes", approved May 14.
1948, as amended (24 U.S.C. 281).
(7) The Act entitled "An Act to provide for
the erection of appropriate markers In na-
tional cemeteries to honor the memory of
members of the Armed Forces missing in
action", approved August 27, 1954, aa amend-
ed (24 use. 279di.
(8) The Act entitled "An Act to provide
for the utilization of surplus War Depart-
ment owned military real property as na-
tional cemeteries, when feasible", approved
August 4, 1947 (24 U.S.C. 281a-281c) .
(9t The Act entitled "An Act to preserve
historic graveyards in abandoned military
posts", approved July 1, 1947 (24 U.S.C. 296).
(10) The Act entitled "An Act to provide
for the utilization as a national cemetery of
surplus Army Department owned military
real property at Fort Logan, Colorado", ap-
proved March 10, 1950 (24 U.S.C. 281d-f).
(11) The Act entitled "An Act to provide
for the expansion and disposition of certain
national cemeteries", approved August 10,
1950 (^4 U.S.C. 281g).
(12) The ninth paragraph following the
side heading "National Cemeteries" In the
Act entitled "An Act making appropriations
for sundry civil expenses of the Government
for the fiscal year ending June thirtieth,
nineteen hundred and thirteen, and for other
purposes", approved August 24, 1912 (24
use. 282).
(13) The fourth paragraph after the center
heading "national cemeteries" in title II of
the Act entitled "An Act making appropria-
tions for the military and nonmilitary activi-
ties of the War Department for the fiscal
year ending June 30, 1926, and for other pur-
poses", approved February 12, 1925 (24 U.S.C.
288).
(14) The second paragraph following the
center heading "cemeterial expenses" In the
Act entitled "An Act making appropriations
for the fiscal year ending June 30, 1942, for
civil functions administered by the War De-
partment, and for other purposes", apprcwed
May 23, 1941 (24 U.S.C. 289). N^
(15) The first proviso to the second para-
graph and all of the third paragraph follow-
ing the center heading "national ceme-
teries" in title II of the Act entitled "An Act
making appropriations for the military and
nonmilitary activities of the War Depart-
ment for the fiscal year ending June 30, 1927,
and for other purposes", approved April 15,
1928 (44 Stat. 287) .
(16) The first proviso to the second para-
graph and all of the third paragraph follow-
ing the center heading "national ceme-
teries" In title n of the Act entitled "An
Act making appropriations for the military
and nonmilitary activities of the War De-
partment for the fiscal year ending June 30.
%928, and for other purposes", approved
February 23, 1927 (44 Stat. 1138).
(17) The first proviso of the fourth para-
graph and all of the fifth paragraph follow-
ing the center heading "national ceme-
teries" in title II of the Act entitled "An
Act making appropriations for the military
and nonmilitary activities of the War Depart-
ment for the fiscal year ending June 30,
1929, and for other purposes", approved
March 23. 1928 (45 Stat. 354) .
(18) The first proviso to the second para-
graph and sn of the VatpA paragraph follow-
ing the center heading "national ceme-
teries" in title II of the Act entitled "An
Act making appropriations for the military
and nonmilitary activities of the War De-
partment for the fiscal year ending June 30,
1930, and for other purposes", approved Feb-
ruary 28, 1929 (45 Stat. 1375) .
(19) The first proviso to the paragraph Im-
mediately following the center heading
"cemeterial expenses" in title n of the Act
entitled "An Act making appropriations for
the military and nonmilitary activities of the
War Department for the fiscal year ending
June 30, 1931, and for other purposes", ap-
proved May 28, 1930 (46 Stat. 458).
(20) The first proviso to the paragraph Im-
mediately following the center heading
"cemeterial expenses" in title II of the Act
entitled "An Act making appropriations for
the military and nonmilltaiy activities of
the War Department for the fiscal year end-
ing June 30, 1932. and for other purposes",
approved February 23, 1931 (46 Stat. 1302).
(21) The first proviso to the paragraph
immediately following the center heading
"cemeterial expfnses" In title IT of the Act
entitled "An Act makmg appropriations for
the military and nonmilitary activities of the
War Department for the fiscal year ending
June 30, 1933, and for other purposes", ap-
proved July 14. 1932 (47 Stat. 689).
(22) The first proviso to the paragraph
Immediately following the center heading
"cemeterial expenses" in title II of the Act
entitled "An Act making appropriations for
the military and nonmilitarj- activities of the
War Department for the fiscal year ending
June 3(>v 1934, and for other purposes", ap-
proved M^h 4, 1933 (47 Stat. 1595).
(23) Tlie^SKt proviso to the paragraph
immediately^i^itowing the center heading
"cemeterial expenses" in title II of the Act
entitled "An Act making appropriations for
the military and nonmilitary activities of the
War Department for the fiscal year ending
June 30, 1935, and for other purposes", ap-
proved April 26. 1934 (48 Stat. 639).
(24) The first proviso to the paragraph
Immediately following the center heading
"cemeterial expenses" In title II of the Act
entitled "An Act making appropriations for
the military and nonmilitary activities of the
War Department for the fiscal year ending
June 30. 1936, and for other purposes", ap-
proved April 9, 1935 (49 Stat. 145).
(25) The first proviso to the paragraph
Immediately following the center heading
"cemeterial expenses" In title II of the Act
entitled "An Act making appropriations for
the military and nonmilitary activities of
the War Department for the fiscal year end-
ing June 30, 1937, and for other purposes",
approved May 15, 1936 (49 Stat. 1305).
(26) The first proviso to the paragraph
following the center heading "cemeterial
expenses" in the Act entitled "An Act mak-
ing appropriations for the fiscal year end-
ing June 30, 1938, for civil functions admin-
istered by the War Department, and for
other purposes", approved July 19, 1937 (50
Stat. 515).
(27) The first proviso to the first para-
graph and all of the second paragraph fol-
lowing the center heading "cemettrml ex-
penses" In the Act entitled "An Act making
appropriations for the fiscal year ending
June 30, 1939 for civil functions administered
by the War Department and for other pur-
poses", approved June 11, 1938 (52 Stat. 668).
(28) The first proviso to the first para-
graph and all of the second paragraph fol-
lowing the center heading "cemeterial ex-
penses" In the Act entitled "An Act making
appropriations for the fiscal year ending
June 30, 194#! for civil functions admin-
istered by the War Department, and for other
purposes", approved June 28, 1939 (53 Stat.
857).
(29) The first proviso to the first para-
graph and all of the second paragraph Im-
mediately following the center heading
"cemeterial expenses" In the Act entitled
"An Act making appropriations for the fiscal
year ending June 30, 1941, for civil functions
administered by the War Department, and
for other purposes", approved June 24, 1940
(54 Stat. 505).
(30) The first proviso to the paragraph
Immediately following the center heading
"cemeterial expenses" in the Act entitled
"An Act making appropriations for the fiscal
year ending June 30, 1942, for civil functions
administered by the War Department, and
for other purposes", approved May 23, 1941
(55 Stat. 191).
(31) The first proviso to the paragraph
Immediately following the center heading
"cemeterial expenses" In the Act entitled
"An Act making appropriations for the fiscal
year ending June 30, 1943, for civil functions
administered by the War Department, and
for other purposes", approved April 28, 1942
(56 Stat. 220).
(32) The first proviso to the paragraph
Immediately following the center heading
"cemettrial expenses" in the Act entitled
"An Act making appropriations for the fiscal
year ending June 30, 1944. for civil functions
administered by the War Department, and
for other purposes", approved June 2. 1943
(57 Stat. 94).
January If, 1973
CONGRESSIONAL RECORD — SENATE
231
(33) The first proviso to the paragraph
inunediately following the center heading
"cemeterial expenses" in the Act entitled
"An Act making appropriations for the fiscal
year ending June 30, 1945, for civil functions
administered by the War Department, and
for other purposes" approved June 26, 1944
(58 Stat. 327-328).
(34) The first proviso to the paragraph
immediately following the center heading
"CEMETERIAL EXPENSES" in the Act entitled
"An Act making appropriations for the fiscal
year ending June 30, 1946. for civil functions
administered by the War Department, and
for other purposes", approved March 31, 1945
(59 Stat. 39).
(35) The first proviso to the paragraph
immediately following the center heading
"CEMETERIAL EXPENSES" In the Act entitled
"An Act making appropriations for the fiscal
vear ending June 30, 1947. for civil functions
administered by the War Department, and
for other purposes", approved May 2, 1946
(60 Stat. 161).
(36) The first proviso to the paragraph
Immediately following the center heading
"CEMETERi.AL EXPENSES" In the Act entitled
"An Act making appropriations for civil
functions administered by the War Depart-
ment for the fiscal year ending June 30, 1948,
and for other purposes", approved July 31,
1947 (61 Stat. 687).
(37) The first proviso to the paragraph
Immediately following the cent«r heading
"CEMETERIAL EXPENSES" hi the Act entitled
"An Act making appropriations for civil
functions administered by the Department
of the Army for the fiscal year ending Juno
30, 1949, and for other purposes", approved
June 25, 1948 (62 Stat. 1019).
(38) The first proviso to the paragraph
immediately following the center heading
"CEMETERIAL EXPENSES" In the Act entitled
"An Act making appropriations for civil
functions administered by the Department
of the Army for the fiscal year ending June
30. 1950, and for other purposes", approved
October 13, 1949 (63 Stat. 846) .
(39) The first proviso to the paragraph
following the center heading "cemeterial
expenses" In chapter IX of the Act entitled
"An Act making appropriations for the
support of the Government for the fiscal
year ending June 30. 1951, and for other
purposes", approved September 6, 1950 (64
Stat. 725).
(40) The first proviso to the paragraph
immediately following the center beading
"CEMETERIAL EXPENSES" In the Act entitled
"An Act making appropriations for civil
functions administered by the Department
of the Army for the fiscal year ending June
30, 1952, and for other purposes", approved
October 24. 1951 (65 Stat. 617).
(41) The first proviso to the paragraph
immediately following the center heading
"CEMETERIAL EXPENSES" lu the Act entitled
"An Act making appropriations for civil
functions administered by the Department
of the Army for the fiscal year ending June
30. 1953, and for other purposes", approved
July 11, 1952 (66 Stat. 579).
(42) The first proviso to the paragraph
Immediately following the center heading
"CEMETERIAL EXPENSES" In the Act entitled
"An Act making appropriations for civil
functions administered by the Department
of the Army for the fiscal year ending June
30. 1954, and for other purposes", approved
July 27, 1953 (24 U.S.C. 290).
(43) The first proviso to the third para-
graph following the center heading "na-
tional CEMETERIES" In title II of the Act
entitled "An Act making appropriations for
the military and nonmilitary activities of
the War Department for the fiscal year end-
ing June 30, 1926, and for other purposes",
approved February 12. 1925 (43 Stat. 926).
(44) The first and second provisos to the
paragraph immediately following the center
heading "cemeterial expenses" In the Act
entitled "An Act making appropriations for
civil functions administered by the Depart-
ment of the Army for the fiscal year ending
June 30, 1955, and for other purposes", ap-
proved June 30, 1954 (68 Stat. 331).
(45) The first and second provisos to the
paragraph immediately following the center
heading "cemeterial expenses" in the Act
entitled "An Act making appropriations for
the Atomic Energy Commission, the Tennes-
see Valley Authority, certain agencies of the
Department of the Interior, and civil func-
tions administered by the Department of the
Army, for the fiscal year ending June 30,
1956, and for other purposes", approved
July 15. 1955 (69 Stat. 360).
(46) The first and second provisos to the
paragraph immediately following the center
heading "cemeterial expenses" in the Act
entitled "An Act making appropriations for
the Tennessee Valley Authority, certain agen-
cies of the Department of the Interior, and
civil functions administered by the Depart-
ment of the Army, for the fiscal year ending
June 30, 1957, and for other purposes", ap-
proved July 2, 1956 (70 Stat. 474) .
(47) The third proviso to the paragraph
Immediately following the center heading
"cemeterial expenses" In the Act entitled
"An Act making appropriations for civil func-
tions administered by the Department of the
Army and certain agencies of the Depart-
ment of the Interior, for the fiscal year end-
ing June 30, 1958, and for other purposes",
approved August 26, 1957 (71 Stat. 416).
(48) The third proviso to the paragraph
Immediately following the center heading
"cemeterial expenses" In the Act entitled
"An Act making appropriations for civil func-
tions administered by the Department of the
Army, certain agencies of the Department of
the Interior, and the Tennessee Valley
Authority, for the fiscal year ending June 30,
1959, and for other purposes", approved Sep-
tember 2, 1958 (72 Stat. 1572).
(49) The third proviso to the paragraph
immediately following the center heading
"cemeterlal expenses" In the Act entitled
"An Act making appropriations for civil func-
tions administered by the Department of the
Army, certain agencies of the Department of
the Interior, and the Tennessee Valley
Authority, for the fiscal year ending June 30,
1960, and for other purposes", approved
September 10, 1959 (73 Stat 492) .
(50) The third proviso to the paragraph
Immediately following the center heading
"cemeterial expenses" In the Act entitled
"An Act making appropriations for certain
civil functions administered by the Depart-
ment of Defense, certain agencies of the De-
partment of the Interior, the Atomic Energy
Commission, the Saint Lawrence Seaway De-
velopment Corporation, the Tennessee Valley
Authority and certain river basin commis-
sions for the fiscal year ending June 30, 1963,
and for other pvirposfes", approved October 24,
1962 (76 Stat. 1216).
(51) The third proviso to the paragraph
immediately following the center heading
"cemeterial expenses" in the Act entitled
"An Act making appropriations for certain
civil functions administered by the Depart-
ment of Defense, certain agencies of the De-
partment of the Interior, the Atomic Energy
Commission, the Saint Lawrence Seaway De-
velopment Corporation, the Tennessee Valley
Authority and certain river basin commis-
sions for the fiscal year ending June 30. 1964.
and for other purposes", approved Decem-
ber 31. 1963 (77 Stat. 844).
(52) The third proviso to the paragraph
Immediately following the center heading
"cemeterial expenses" in the Act entitled
"An Act making apprc^riatlons for certain
civil functions, administered by the Depart-
ment of liefense. the Panama Canal, certain
agencies of the DepartB«nt of the Interior.
the Atomic Energy Combl4sslon. the Saint
Lawrence Seaway Development Corporation,
the Tennessee Valley Authority and the Dela-
ware River Basin Commission, for the fiscal
year ending June 30. 1965, and. for other pur-
poses", approved August 30, 1964 (78 Stat.
682).
(53) The third proviso to the paragraph
Immediately following the center heading
"cemeterial expenses" In the Act entitled
"An Act making appropriations for certain
civil functions administered by the Depart-
ment of Defense, the Panama Canal, certria
agencies of the Department of the Interior,
the Atomic Energy Commission, the Salp.t
Lawrence Seaway Development Corporation,
the Tennessee Valley Authority and the Dela-
ware River Basiu Commission, and the Inter-
oceanic Canal Commission, for the fiscal year
ending June 30. 1966. and for other pur-
poses", approved October 28, 1965 (79 Stat.
1096).
(54) The third proviso to the paragraph
immediately following the center heading
"cemeterial expenses" In the Act entitled
"An Act making appropriations for certain
civil functions administered by the Depart-
ment of Defense, the Panama Canal, certain
agencies of the Department of Interior, the
Atomic Energv' Commission, the Atlantic-
Pacific Interoceanic Canal Study Commis-
sion, the Delaware River Basin Commission,
the Saint Lawrence Seaway Development
Corporation, the Tennessee Valley Authority,
and the Water Resources Council, for the
fiscal year ending June 30, 1967. and for other
purposes", approved October 15, 1966 (80
Stat. 1002).
(55) The third proviso to the paragraph
immediately following the center heading
"cemeterial expenses" In th&-Act entitled
"An Act making approprlatRJns for certain
civil functions administered by the Depart-
ment of Defense, the Panama Canal, certain
agencies of the Department of Interior, the
Atomic Energy Commission, the Atlantic-
Pacific Interoceanic Canal Study Commis-
sion, the Delaware River Basin Commission,
Interstate Commission on the Potomac Rh-er
Basin, the Tennessee Valley Authority, and
the Water Resources Council, for the fiscal
year ending June 30, 1968, and for other
purposes", approved November 20, 1967 (81
Stat. 471).
(56) The third proviso to the paragraph
immediately following the center heading
"cemeterial expenses" In the Act entitled
"An Act making appropriations for certain
civil functions administered by the Depart-
ment of Defense, the Panama Canal, certain
agencies of the Department of Interior, the
Atlantic-Pacific Interoceanic Canal Study
Commission, the Delaware River Basin Com-
mission. Interstate Commission on the Po-
tomac River Basin, the Tennessee Valley Au-
thority, the Water Resources Council, and
the Atomic Energy Commission, for the fiscal
year ending June 30. 1969, and for other
purposes", approved August 12, 1968 /82
Stat. 705).
(57) The third proviso to the paragraph
Immediately following the center heading
"cemeterial expenses" in the Act entitled
"An Act making appropriations for public
works for water, pollution control, and power
development, including the Corps of Engi-
neers— Civil, the Panama Canal, the Federal
Water Pollution Control Administration, the
Bureau of Reclamation, power agencies of
the Department of the Interior, the Tennes-
s?e Valley Authority, the Atomic Energy
Commission, and related Independent agen-
cies and commissions for the fiscal yeir end-
ing June 30. 1970. and for other purposes",
approved December 11. 1969 (83 Stat 3274 .
(58) The first proviso to the paragraph
following the center heading "cemeterial
expenses" In the Act entitled "An Act mak-
ing appropriations for public works for water,
pollution control, and power development.
Including the Corps of Engineers— Civil, the
Panama Canal, the Federal Water Quality
Administration, the Bureau of Reclamation,
power agencies of the Department of the
Interior, the Tennessee Valley Authority,
the Atomic Energy Commission, and related
232
CONGRESSIONAL RECORD — SENATE
January 4,
1973
Independent agencies and commissions for
the ascal year ending June 30, 1971, and for
other -purposes", approved October 7, 1970
(84 Stat 893).
I 59 The first proviso to the paragraph fol-
foUowlng the center heading "cemeterial
EXPENSES" In the Act entitled "An Act mak-
ing appropriations for public works for water
and power development. Including the Corps
of Engineers — Civil, the Bureau of Reclama-
tion, the Bonneville Power Administration
and other power agencies of the Department
of the Interior, the Appalachian Regional
Commission, the Federal Power Commission,
the Tennessee Valley Authority, the Atomic
Energy Commission, and related Independent
alfencles and commissions for the fiscal year
ending June 30. 1972. and for other pur-
poses •'. approved October 5, 1971 (85 Stat.
368).
(60) The Act entitled "An Act to revise
eligibility requirements for burial in na-
tlonal cemeteries, and for other purposes",
ppraved September 14, 1959 (73 Stat. 547).
(61) The Act entitled "An Act to amend
the Act of March 24. 1948, which estab-
lishes special requirements governing the
selection of superintendents of national
cemeteries", approved August 30, 1961 (75
Stat. 411).
(b) Nothing in this section shall be
deemed to affect In any manner the func-
tions, powers, and duties of — ^^
(1) the Secretary of the Interior with re-
spect to those cemeteries, memorials, or
monuments under his Jurisdiction on the
effective date of this section, or
(2) the Secretary of the Army, the Secre-
tary of the Navy, or the Secretary of the Air
Force with respect to those cemete^es.
memorials, or monuments under his Jurisdic-
tion to which the transfer provisions of
section 6(a) of this Act do not apply.
Sec. 8. The first sentence of section 3505(a)
of title 38. United States Code. Is amended
by Inserting Imm-edlately after the words
"gratuitous benefits" where first appearing
therein, the following: "(Including the right
to burial Ln a national cemetery) ".
Sb^. 9. (a) The Secretary of Defense is
authorized and directed to cause to be
brought to the United States the remains
of an American, who was a member of the
Armed Forces of the United States, who
served in Southeast Asia, who lost his life
during the Vietnam era. and whose Identity
has not been established, for burial In the
Memorial Amphitheater of the National
Cemetery at Arlington. Virginia.
(b) The implementation of this section
shall take place after the United States has
concluded Its participation in hostilities In
Southeast Asia, as determined by the Presi-
dent or the Congress of the United States
(c) There are authorized to be appro-
priated such sums as may be necessary to
carry out the provisions of this section.
Sec. 10. (a) Notwithstanding any other
provision of law, no real property under the
jurisdiction or control of the Veterans' Ad-
ministration may be transferred (by sale,
lease, or otherwise) to any other department
or agency of the Federal Government, to any
State or subdivision thereof, to any territory
or possession of the United States, or to any
public or private person or other entity —
(1) In any case in which the fair market
value of such property (Including all Im-
provements to such property) exceeds $100,-
000 or the area thereof exceeds one hundred
acres, unless the transfer of such property
Is specifically authorized by a law enacted
after October 1, 1972, or unless such property
Is transferred pursuant to authority con-
tained In title 38, United States Code: or
(2) In any case in which the fair market
value of such property (including all im-
provements to such property) Is $100,000 or
less and the area thereof is one hundred «;res
or less, unless written notice of the proposed
transfer of such property Is given to the
Committees on Veterans' Affairs of the Sen-
ate and the House of Representatives at least
thirty days prior to the transfer of such
property.
SEC. 11. (a) The first section and sections
2, 3, 4, 8, and 10 of this Act shall take effect
on the date of enactment of this Act.
(b) Clause (1) of section 5(a) shall take
effect on the first day of the second calendar
month following the date of enactment of
this Act.
(c) Clause (2) of section 5(a) and sections
6 and 7 of this Act shall take effaft July 1.
1973, or on such earlier date as thapresldent
may prescribe and publish In tne Federal
Register.
Section-bt-Section Analysis of National
CEMETERtES ACT OP 1973
section 1
This section provides the Act may be cited
as the National Cemeteries Act of 1973,
SECTION 2
Subsection (a) adds a new chapter 24 to
part II of title 38, United States Code. This
chapter creates a National Cemetery Sys-
tem within the Jurisdiction of the Veterans'
Administration and is in large part pat-
terned after chapter 7 of title 24, United
States Code which contains current author-
ity for the Secretary of Army to operate
and maintain such a System. A detailed anal-
ysis of the new chapter, the provisions of
which have been modernized and simplified
somewhat, follows:
SEC. 1000. ESTABLISHMENT OF A NATIONAL CEM-
ETERY system: COMPOSITION or such
system; APPOINTMENT OP DIRECTOR
A National Cemetery System would be es-
tablished within the Veterans' Administra-
tion for Interment of deceased servicemen
and veterans. The new System would be
headed by a director who would be respon-
sible to the Administrator for the operation
of the National Cemetery System. This Sys-
tem would consist of national cemeteries
transferred from the Department of Army
to the Veterans' Administration: cemeteries
under the Jurisdiction of the Veterans' Ad-
ministration at the time the bill is enacted;
and any other cemetery, memorial, or monu-
ment transferred to the Veterans' Adminis-
tration by this bill or later acquired or de-
veloped.
SEC. 1001. ADVISORY COMMITTEE ON CEMETERIES
AND MEMORIALS
This section directs the establishment of an
Advisory Committee on Cemeteries and Me-
morials, whose members would be appointed
by the Administrator. The Administrator
shall advise and consult with the Committee
from time to time with respect to the ad-
■alnlstratlon of the cemeteries for which he Is
responsible and with respect to selection of
cemetery s'tes, the erection of appropriate
memorials and adequacy of Federal burial
benefits. The Advisory Committee shall make
periodic reports and recommendations to the
Administrator and the Congress.
SEC. 1002. PERSONS ELIGIBLE FOR INTERMENT IN
NATIONAL CEMETERIES
This section designates those persons who,
subject to regulations the Administrator
shall prescribe and further subject to the
forfeiture provTl^ns of section 3505 of title
38, shall be eligible for Interment In any open
national cemetery In the National Cemetery
System. Eligibility provisions of this section
are Identical to thoee currently In force In
section 281 of title 24. United States Code.
These Include servicemen who die on active
duty, veterans, reservists, National Guards-
men, Reserve Officers, Training Corps mem-
bers. United States citizens who served hon-
orably with the armed forces allied with the
United States in wars engaged In by this
country and certain dependents of eligible
persons In the foregoing categories.
Subsection (a) (6) of this section also
provides the Administrator with the author-
ity to Include "such other persons or classes
of persons" as he may designate. This addi-
tional category is consistent with authority
currently based on VA Regulation 6200(C),
as revised June 2. 1966, Similar authority
apparently resides In the Secretary of Army
pursuant to 32 C.F.R. 553.18(b) (1) which au-
thorlzes "burial In national cemeteries under
such regulations as the Secretary may, with
the approval of the Secretary of Defense, pre-
scribe."
SEC. 1003. MEMORIAL AREAS
This section authorizes the Administrator
to set aside, where , available, suitable me-
morial areas In natjcnal cemeteries to have
those men missing in action or whose re-
mains have not been Identified or received.
He Is authorized to erect appropriate memo-
rials or markers to honor their memory.
SECTION 1004. ADMINISTRATION
This section authorizes the Administrator
to make all necessary and appropriate rules
and regulations to carry out the provisions of
chapter 24 including the power to designate
cemeteries under his Jurisdiction as national
cemeteries. In discharging his responsibilities
under this chapter the Administrator shall
provide all necessary facilities for cemeteries
Including superintendents' lodges, chapels,
crypts, mausoleums and columbaria. Graves
In national cemeteries would be required to
be marked by appropriate markers with speci-
fied Information placed thereon. Registers
of burials will be kept In each cemetery and
also at the main office of the Veterans' Ad-
ministration. These provisions are similar to
a,uthorlty presently vested In the Secretary
of the Army under sections 278 and 279 of
title 24. United States Code. In fulfilling his
responsibilities under this chapter the Ad-
ministrator is also authorized to contract
with responsible persons, firms, and corpora-
tions for the care and maintenance of such
cemeteries under his Jurisdiction.
Tlie Administrator would be authorized to
convey to any State, or political subdivision
thereof. In which any national cemetery Is
located, all right, title, and Interest of the
United States to any Government owned or
controlled approach road providing the State
or political .subdivision states in writing prior
to such conveyance. Its willingness to accept
and maintain such road. Upon conveyance
the Jurisdiction of the United States over
such read would cease and would vest in the
Stat© or political subdivision. This is similar
to authority presently contained in .section
289 of title 24. When the Administrator deems
It to be desirable he is authorized to cede
concurrent Jurisdiction to a State In which
any cemetery ntonument or memorial under
his Jurisdiction Is located. This partial relin-
quishment of legislative Jurisdiction shall
be initiated by filing a notice with the Gov-
ernor of the State concerned and shall take
effect upon acceptance by the State in such
manner as its laws prescribe.
SECTION 1005. DISPOSITION OF INACTIVE
CEMETERIES
The Administrator would be authorized to
transfer with the consent of the agency con-
cerned, any inactive cemetery, burial plot,
memorial or monument In his control to the
Department of the Interior or to any other
agency of the Government for maintenance as
a national monument or park. Funds appro-
priated to the Secretary for the National
Park System shall be available for the man-
agement and operation of any cemetery
transferred to the Department of the Interior.
The Administrator is also permitted to trans-
fer any Inactive cemetery or burial plot to
a State or political subdlvl.slon thereof pro-
vided the State or subdivision agrees to
maintain such cemetery In an appropriate
manner. Any transfer would be subject to
reversion to the Veterans' Administration
should the grantee fall to care for and maln-
Januanj I^, 1973
CONGRESSIONAL RECORD — SEN ATE
233
tain such property In a manner satisfactory
to the Administrator.
Where a cemetery not within the National
Cemetery System has been or is to be discon-
tinued, the Administrator could provide for
the removal of remains from that cemetery
to any cemetery within the National Ceme-
tery System. The Administrator Is also au-
thorized to remove any veteran's remains
from a place of temporary Interment, or from
an abandoned grave or cemetery to a na-
tional cemetery.
SECTION 1006. ACauiSmON OF LANDS
The Administrator would be authorized to
acquire additional lands for national ceme-
teries as needed. This could be accomplished
by purchase, gift (Including donations from
State or political subdivisions), condemna-
tion, transfer from other Federal agencies, or
otherwise as Is deemed In the best Interest
of the United States. Such authority Is simi-
lar to that presently vested in the Secretary
of the Army pursuant to sections 271 and
271a of title 24. United States Code.
SECTION 1107. AUTHORITY TO ACCEPT AND
MAINTAIN SUITABLE MEMORIALS
The Administrator, subject to such restric-
tions as he may prescribe, would be author-
ized to accept gifts, devises, or bequests from
legitimate societies and organizations or from
reputable Individuals for the purpose of
beautifying or benefiting national cemeteries.
He would also be authorized to make land
available for this purpose and to furnish such
care and maintenance as he deems necessary.
Subsection (b) of section 2 of the bill
amends the table of chapters at the begin-
ning of part II of title 38, United States
Code to reflect the addition of a new chap-
ter 24 establishing national cemeteries and
memorials.
Subsection (O of section 2 of the bill
amends section 5316 of title 5. United States
Cade by making certain technical correc-
tions and Including the Director, National
Cemetery System Veterans' Administration as
paragraph 133 of level V of the Executive
Schedule Pay Rate.
SECTION 3
Subsection (a) directs the Administrator
to conduct a comprehensive study of and
submit his recommendations to Congress on
or before July 1. 1973 concerning (1) the
criteria which governs the development and
operation of the National Cemetery System
Including the concept of regional cemeteries;
(2) the relationship of the National Ceme-
tery System to other burial benefits provided
by Federal and State governments to service-
men and veterans; (3) steps to be taken to
conform the existing system to the recom-
mended criteria; (4) private burial and fu-
neral costs in the United States; (5) current
headstone and marker programs; and (6) the
marketing and sales practices of non-Federal
cemeteries and Interment facilities for any
persons either acting on their behalf or sell-
ing or attempting to sell any rights. Interest,
or service therein which is directed specifi-
cally toward the veterans and their depend-
€:ns.
Subsection (b) provides that the Admin-
istrator shall In conjunction with the Sec-
retary of Defense conduct a similar study
and submit recommendations on or before
July 1, 1973, concerning whether Arlington
National Cemetery should be Included with-
in the National Cemetery System, the appro-
priateness of maintaining the present eligi-
bility requirements for burial at that ceme-
tery; and finally, the advisability of estab-
lishing another national cemetery In the Dis-
trict of Columbia or vicinity.
SECTION 4
Subsection (a) amends subchapter H of
chapter 3 of title 38 by adding new section
218 more fully described as follows:
CXIX 16— Part 1
SECTION 218. STANDARDS OF CONDUCT AND AR-
RESTS FOR CRIMES AT HOSPITALS, DOMICILI-
ARIES, CEMETERIES, AND OTHER VETERANS' AD-
MINISTRATION RESE31VATIONS
This section Is closely patterned after ex-
isting authority granted to the Administra-
tor of General Services in sections 318-318
(d) of title 4, United States Code. It would
authorize the Administrator with respect to
all lands and buildings under his jurisdiction
to make all needful rules and regulations to
maintain law and order to protect persons
and properties on VA lands. Violation of such
rules and regulations may result In a fine not
to exceed $50 or thirty days Imprisonment.
The Administrator would be empowered to
designate officers and employees of the Vet-
erans' Administration to act as special police-
men on VA property. He would also be au-
thorized to utilize the facilities and services
of existing Federal law enforcement agencies
and State or local law enforcement agencies.
The Administrator Is authorized to empower
officers or employees of the Veterans' Admin-
istration to act as special Investigators with
the power to enforce the rules and regulations
made under this section and to make arrests
without warrant for any offenses commit-
ted upon such property If the Investigator
has reasonable ground to believe: (1) the
offense commits a felony under the laws of
the United States: and (2) that the person to
be arrested is guilty of that offense.
Subsection (b) of section 625 of title 38
dealing with arrests for crimes In hospitals
and domiciliary reservations Is repealed in
light of the new' and broader section 218
which applies to all lands and buildings un-
der the jurisdiction of the Veterans' Admin-
istration.
Subseclion (a) amends present section 903
and adds new sections 906 and 907 more fully
described as follows: '
SECTION 903. DEATH IN VETERANS' ADMINISTRA-
TION FACILlrV; PLOT ALLOWANCE
Subsection (a) of 903 restates existing law
authorizing" a $250 burial allowance for tiiose
veterans whose death occurs within a Vet-
erans' Administration facility. New subsec-
tion (b) provides that in addition to the
amounts payable for the burial or funeral
expenses of an eligible veteran under section
902 or 903, If the veteran is not burled In a
national cemetery or other cemetery under
the jurisdiction of the United States, the
Administrator, at his discretion, having due
regard to the circumstances In each case,
may pay a sum not exceeding S150 plot or in-
terment allowance to such person as he
prescribes. If any part of the plot or inter-
ment expense has been paid or assiimed by a
State or subdivision, or the employer of the
deceased veteran, a claim for only the dif-
ference between the entire amount of the ex-
penses and the amount paid could be al-
lowed.
SECTION 906. HEADSTONES AND MARKERS
This new section would transfer the au-
thority for the present headstone and mark-
er program to the Administrator. This au-
thority is Identical to existing authority pres-
ently residing with the Secretary of Army
under section 279a, title 24. United States
Code. The language has been modernized and
simplified to make it conform with the pres-
ent language of title 38. The new section di-
rects the Administrator to furnish appropri-
ate headstones or markers at Government
expense where requested, for the unmarked
grave of (1) any individual burled In the na-
tional cemetery or post cemetery; (2) an in-
dividual eligible for burial in a national
cemetery, but not burled there (except for
graves of the United States citizens who
served honorably with the armed forces of
foreign countries allied with the United
States, dependents of certain servicemen and
veterans and those other persons or classes of
persons designated by the Administrator as
eligible for burial In such cemeteries) : and
(3) soldiers of the Union and Confederate
Armies of the Civil War.
Subsection (b) of new section 906 would
authorize the Administrator to furnish when
requested an appropriate memorial headstone
or marker to commemorate any veteran dying
in the service and whose remains have not
been recovered or identified or were buried
at sea, for placement In a national cemetery
area reserved for such purposes or in a pri-
vate or local cemetery.
SECTION 907. DEATH FROM SERVICE-CONNECTED
DISABILITY
This new section provides that In any case
in which a veteran dies i» the result of a
service-connected disability the survivors are
entitled to receive payment for burial and
funeral expenses incurred In connection with
the veteran's death in an amount not ex-
ceeding that currently authorized under
section 8134(a) of title 5 to Federal employees
whose death occurs as a result of injury
sustained in the performance of duty. These
benefits would be in lieu of benefits author-
ized under section 902 and 903 (a)(1) and ( b )
of title 38. Should death occur in a VA
facility, transportation benefits provided In
section 903(a)(2) as amended by this Act
would continue to be available.
Subsection (b) of section 5 of the bill
amends the ta'ble of sections at the beginning
of chapter 23 of title 33 to Include a refer-
ence to new sections 906 and 907.
SECTION 6
Subsection (a) pro\ides for the transfer
from the Secretary of Army to the Adminis-
trator of Veterans' Affairs Jurisdiction over
and responsibility for all national cemeteries
with the exception of the cemetery at the
United States Soldiers' Home and Arlington
National Cemetery. This subsection also
provides for the transfer from the Secretaries
of Army, Navy, and Air Force to the Admin-
istrator of Veterans' Affairs, jurisdiction over
and responsibility for any cemetery, memo-
rial, or monument coming within their rer
spective Jurisdiction which the President
determines would be appropriate. Excepted
from this transfer are the cemeteries located
at the U.S. Military Academy at West Point,
the U.S. Naval Academy at Annapolis, and
the U.S. Air Force Academy at Colorado
Springs.
Subsection (b) directs the transfer of so
much of -the personnel, property and unex-
pended balances of appropriations, alloca-
tions, and other funds available to the
Secretaries of Army. Navy, and Air Force in
connection with the functions transferred
by this bill, as determined by the Director
of the Office of Management and Budget, to
the Administrator of Veterans' Affairs.
Subsection {O is a feavlngs provision
whereby all offenses commttted and all pen-
alties and forfeitures incftrred under any
law amended or repealed by this measure
may be prosecuted and punished in the same
manner as If these amendments or repeals
have not been made.
Subsection (d) provides that all rules,
regulations, orders, permits, and other priv-
ileges Issued or granted by the Secretaries of
ihe Army. Navv, and Air Perce will remain
in full force and effect until modified, sus-
pended, overruled, or otherwise changed by
the Administrator, by any court of competent
Jurisdiction, or by operation of law
Subsection (e) Is a further savings provi-
sion under which (1) no suit, action or
other proceeding commenced by or against
any officer In his official capacity as an of-
ficer of the Department of Army, Navy, or
Air Force, with the respect of functions
transferred by this bill, shall abate because
of the enactment of this bill; (2) no cause
of action by or against any Department or
Commission concerning the functions trans-
ferred or by or against any officer thereof In
;:34
-*%
• ^ r
CONGRESSIONAL RECORD — SEN ATB^
January -4, 1973
Ms official capacity shall abate because of
1he enactment of this bUl; (3) causes of
Lctlons, suits, or other proceedings may be
(sserted by or against the United States or
I .pproprlate officer of the Veterans' Adminls-
1 ration In any litigation pending at the time
■ his Act takes effect with the court, on Its
I (wn motion or the motion of any party, be-
: ng authorized to enter an order giving such
effect; and (4) suits commenced prior to the
late of enactment of this bill with respect to
iny function transferred shall be continued
)v the Administrator.
SECTION 7
Subsection {a) of this section provides for
.he repeal of statutes giving the Secretary of
\Tmy jvirlsdlctlon over and responsibility for
-latlofeal cemeto l^a. Arcordlngly. most codl-
ied provisions contained In chapter 7 of title
24 are repealed. It should also be noted that
seglnnlng with a provision of the Appropria-
;lons Act of 1925 for the military and non-
nlUtary activities of the Wir Department
ind codified In 1953 In 24 U.S.C. 290 railroads
lave not been permitted "upon the right of
»-ay which may have been acquired by the
tJnlted States to a national cemetery, or to
encroach upon any roads or walks con-
jirucied thereon and maintained by the
tJnlted States." Subsection (a) also provides
for the repeal of each of these provisions con-
sistent with the intent of the bill to simplify
ind recodify the cemetery legislation In title
38. The Committee wishes to note, however.
the power to prohibit railroads from en-
croaching on the rights of way to national
cemeteries must be maintained and It In-
tends that the Administrator accomplish
this through exercising the power granted in
this Act to promulgate regulations to that
effect. Although subsection (a) repeals ex-
isting authority all rights and duties ma-
tured, penalties. liabilities, and forfeitures
that were Incurred, and proceedings that were
begun before the effective date of the trans-
fer of these cemeteries to the new National
Cemetery System are preserved under the-
language of this subsection.
Subsection (b) provides that nothing In
the repealed section shall be deemed to affect
in any manner the functions, powers, and
duties of the Secretary of Interior with re-
spect to those cemeteries and memorials nr
monuments coming within his Jurisdiction
on the date the new National Cemetery Svs-
tem Is created or those of the Secretary of t"he
Army. Navy, or .Mr Force with respect to those
cemeteries or memorials or monuments under
their respective jurisdiction to which the
transfer provisions of this bill do not apply.
SECTION 8
Section 3505 of title 38 provides for the
forfeiture of gratuitous benefits under laws
administered by the Veterans' Administration
bv any Individual convicted of certain crimes.
This would amend subsection fa) of section
3505 to make explicit that forfeiture benefits
also Include the right to burial In a national
cemetery.
SECTION 9
This section would authorize and direct the
Secretary of Defense to cause to be brought
t-o the United States the remains of an uni-
dentified American who was a member of the
Armed Forces of the United States who served
in Southeast Asia and lost his life during the
Vietnam era for burial In .Arlington National
Cemetery Memorial Amphitheater. Imple-
mentation of this section shall take place
after the United States has concluded Its
participation In hostilities in Southeast Asia.
Such sums as may be necessary to carry out
the provisions of th's section are authorized
to be appropriated.
SECTION 10
This section provides that no real property
tinder the Jurisdiction or control of the Vet-
erans' Administration may be transferred by
sale, lease or otherwise to any other party
except pursuant to public law enacted after
Oct. 1. 1972 or pursuant to express authority
contained in title 38, United States Code,
In any case where the fair market value of
such property Including all Improvements to
such property exceeds $100,000 or the area
thereof exceeds 100 acres. In those cases
where the fair market value of the property
of $100,000 or less and the area thereof Is
100 acres or less, written notice shall be given
to the Committees on Veterans' Affairs of the
Senate and the House of Representatives at
least 30 days prior to the transfer of such
property.
SECTION 11
The new burial plot allowance becomes
effective on the first day after the second
month following enactment. The transfer of
cemeteries and the Government marker pro-
gram to the Veterans' Administration and
the repeal of resulting Inconsistent statutes
shall take place no later than July 1, 1973 or
such earlier date as the President may pre-
scribe. All remaining provisions of the bill
become effective upon enactment.
By Mr. EAGLETON (for himself.
Mr. Cannon. Mr. Church, Mr.
Cranston, Mr. Gravel, Mr.
Hart, Mr. Hughes, Mr. Hum-
phrey, Mr. Kennedy, Mr. Mc-
Gee, Mr. McIntyre, Mr. Mon-
DALE, Mr. Nelson, Mr. Pell, Mr.
Percy, Mr. Randolph, Mr.
Schweiker, Mr. Stevenson, Mr.
Tunney. Mr. Williams, Mr.
GuRNEY, and Mr. Thurmond) :
S. 50. A bill to strengthen and improve
the Older Americans Act of 1965, and for
other purposes. Referred to the Com-
mittee on Labor and Public Welfare.
OLDER AMERICANS COMPREHENSIVE SERVICES
AMENDMENTS
Mr. EAGLETON. Mr. President, I am
pleased to introduce today the Older
Americans Comprehensive Services
Amendments, a bill to revise and extend
authorizations under the Older Ameri-
cans Act of 1965 — which expired on June
30, 1972 — and to expand the act to in-
clude a number of new programs to bene-
fit the Nation's older citizens.
This bill is Identical to HJl. 15657,
which passed the Senate on October 12,
1972. and passed the House on October
14, 1972, but which the President de-
clined to sign following the adjournment
of the 92d Congress. Because of the
President's pocket veto of this bill there
was no possibility for Congress to seek
to override the veto.
I deeply regret the President's veto
of H.R. 15657. Had Congress been af-
forded the opportunity, I believe we
w^ould have overridden that veto, par-
ticularly in view of the fact that the
original Senate and House versions of
the bill were passed by votes of 89-0
in the Senate and 351-3 in the House.
This was a bipartisan bill. It was de-
veloped as a cooperative venture by both
Democratic and Republican Members of
the Senate and the House, working
closely in conjunction with administra-
tion representatives.
In brief, the vetoed bill, which is being
reintroduced today would:
Authorize the establishment of com-
prehensive and coordinat€d systems for
the delivery of social services to the aging
at the local level.
Provide improved recreational, educa-
tional, and voluntary service opportun-
ities for the elderly.
Ezi>an(l research In aging and the
training of needed personnel.
Elstabllsh a community service em-
plosrment program and special training
and counseling programs in the Depart-
ment of Labor for middle-aged and older
persons.
Upgrade the administration on aging
in the Department of Health, Education,
and Welfare by transferring it from the
welfare-oriented Social and Rehabilita-
tion Service to the Office of the HEW
Secretary.
This bill is firmly grounded on the
findings of the extensive hearings con-
ducted by the Subcommittee on Aging of
the Senate Committee on Labor and 4
Public Welfare, of which I am chairman,
the Senate Special Committee on Aging,
and the Select Subcommittee on Educa-
tion and Labor.
I do not intend my comments on the
President's veto of this legislation to be
a partisan diatribe. I respect his consti-
tutional authority to exercise his veto
power. I s>-mpathize with the difficult,
often painful decisions that any Presi-
dent must make. But in view of his an-
nounced support, repeatedly stated, for
Improved and expanded programs for
older Americans, I have difficulty in
reconciling his action in vetoing this
legislation with the administration pol-
icy he has enunciated in this area.
In 1971, the President addressed the
White House Conference on Aging and
spoke eloquently of the needs and prob-
lems of our older citizens. He said of the
goals of the conference:
Many of you have made a very Important
pledge this morning, a very specific commit-
ment to action In the post-conference year.
I have come here this morning to Join you
In that pledge.
Last year, in the President's message
to Congress on aging, he said:
We often hear these days about the "Im-
patience of youth." But If we stop to think
about the matter, it is the elderly who have
the best reason to be Impatient. As so many
older Americans have candidly told me. "We
simply do not have time to wait while the
government procrastinates. For us, the fu-
ture Is now." I believe this same sense of
urgency should characterize the govern-
ment's response to the concerns of the elder-
ly. I hope and trust that the Congress will
join me in moving forward in that spirit.
That we have done. In the same mes-
sage, the President proposed a compre-
hensive strategy for meeting complex
problems. The Older Americans Act
formed an important part in the strategy
announced by the President. He stated:
Sin-te !'5 passage in 1965. the Older Amer-
ican; Art has served as an important charter
for fe'l9ral service programs for the elderly
Unes; f-e act is promptly extended, how-
ever. t^e grant programs it authorises will
expre on June 30th. This must not hap-
pen. T therefore urge that this landmark leg-
islation be extended— and that the extension
be in-'.efinite. rather than limited to a spe-
cific ncr'od of time.
In addition. I am asking that the Older
.Americans Af't he amended to strengthen our
p. nn n.i and delivery systems for services to
t'-o elderly Too often In the past, these
"systems" have really been "nonsystems,"
baaly fragmented, poorly planned and in-
sufficiently coordinated. My proposed amend-
Jamiarij U, 1973
CONGRESSIONAL RECORD — SENATE
235
ments are designed to remedy these defi-
ciencies.
The administration amendments dealt
primarily with title III of the act, which
authorizes Ifrants for State* and commu-
nity progrartis on aging. This is the heart
of the act, for it provides the mechanisms
by which Federal funds are used to pro-
vide particular services to older citizens.
Our Subcommittee on Aging took the
President at his word. The administra-
tion amendments to create comprehen-
sive and coordinated systems on the local
level for the delivery of such services
were, for the most part, incorporated in
H.R. 15657 as it was finally passed by the
Congress.
There were, of course, other provisions
in the bill which were not sought by the
administration and some which it op-
posed. However. I do not belie\e that the
framers of the Constitution contem-
plated an abrogation of congressional
power which the administration appar-
ently sees as a proper realinement of ex-
ecutive and legislative functions. It is in-
cumbent upon us to act a.s more than a
rubber stamp for administration propos-
als: rather, we should adopt those pro-
posals which we deem to be wisely con-
ceived, amend or expand upon those
which we consider to be in need of im-
provement, and reject those that are ill
advised.
In short, through the enactment of
H.Fi. 15657. we gave the President most
of what he wanted and added some ad-
ditional provisions which we wanted as
well. His response to the conferessionally
inspired provisions was a veto. I suggest
that the appropriate congressional re-
sponse be a reenactment of the bill which
represents our best judgment as to the
most de.sirat-le programs desif^ned to
meet the demonstrated needs of the el-
derly.
My judgment that this is an excellent
bill reflects considerably more than pride
of authorship, for the bill embodies the
contributions of a great many Members
of the Senate and the House of both
parties. It has also received near-unani-
mous support from a wide range of na-
tional and local organizations concerned
with the welfare of older Americans.
Mr. President, as chairman of the Sub-
committee on Aging of the Committee
on Labor and Public Welfare, it is my
intention to expedite consideration of
this bill in every possible way. The dis-
tinguished chairman of the full com-
mittee, the very able jimior Senator from
New Jersey <Mr. Williams) informs me
that rapid action is in accord with his
wishes, and it is my understanding that
the majority leadership concurs in this
decision. I am grateful for this coopera-
tion on the part of my colleagues and I
pledge my best efforts toward the reen-
actment of tills vitally needed legisla-
tion.
OLDER AMERICANS COMPREHENSIVE SERVICES
AMENDMENTS
Mr. WILLIAMS. Mr. President, I
strongly support the passage of the Older
Americans Comprehensive Services
Amendments of 1973.
As chairman of the Senate Labor and
Pubhc Welfare Committee and the rank-
ing member of the Committee on Aging,
I again pledge to give my full support
for prompt action on this vital measure.
And I wish to commend Senator Eagle-
TON for introducing the measure at this
early date.
No legislation is now more deserving
of the attention of the Senate nor is more
important for the elderly than the Older
Americans Comprehensive Services
Amendments.
An identical version of this proposal
was vetoed last October by President
Nixon, despite solid bipartisan support
for its enactment. Because this measure
was disapproved after the Congress
adjourned, it was impossible to pass the
bill without the signature of the Presi-
dent. And the net impact is that the field
of aging suffered greatly and needlessly
because of this action.
In his veto message. President Nixon
gave three major reasons to justify his
opposition. Since this rationale is hkely
to be raised again by the administration,
I wish to respond here and now to these
arguments.
FXCESSIVE FUNDING AUTHORIZATION
First. President Nixon said :
This bill would authorize new funding —
far beyond what can be used effectively and
re.^ponslbility.
However, representatives from State
and local offices on aging throughout the
Nation have vigorously challenged these
remarks.
And, they should becau-^e the entire
first-year authorized funding level un-
der this lepi?latidn would amount to
about $19 for each person 60 and over in
the United States.
To rny vyay of thinking, this is a mod-
est cost for the delivery of efisential .so-
cial .services to enable the elderly to
live in their ov.'n homes. Yet. if these
services could help to reduce the medi-
care national hospital average by just 1
day, this could produce a savings ap-
proaching $300 million.
Finallv. the first-year authorization for
the Older Americans Comprehensive
Services Amendments would be equiva-
lent to about three-fifths the cost of one
of our new aircraft carriers. Using this
expenditure for older Americans, how-
ever, our Nation could:
Help lift nearly 56,000 older Ameri-
cans out of poverty through new careers
in community service employment and
an expanded foster grandparent pro-
gram;
Provide nutritious meals for nearly
250,000 persons 60 and over;
Make vital social services available for
millions of elderly; and
Fund multipurpose senior centers.
FR.^GMENT EXISTING EFFORTS
Second. President Nixon charged that
this legislation:
Would also require duplication or frag-
mentation of effort which would actually
impair our efforts to serve older Americans
more effectively.
But. in fact, the new model projects
provision would authorize a number of
innovative approaches to help combat
several major problems for the elderly —
such as housing, transportation, prere-
tirement counseling, continuing educa-
tion, and others.
Similar efforts in tlie past have proved
to be strikingly successful. For example,
the nutrition pilot projects in 1968
eventually led to the enactment of the
nutrition program for the Elderly Act.
And. I am hopeful that the new area
models provision can lead to similar con -
Crete achievements.
OPPOSITION TO SPECIAL EMPHASIS
MANPOWER PROGRAMS
Third. President Nixon expressed
strong opposition to employment meas-
ures— the Older American Community
Service Employment Act and the Mid-
dle-Aged and Older Workers Training
Act — to maximize job opportunities for
mature workers.
However, the harsh reality is that
middle-aged and older persons have been
grossly underrepresented in our Nation's
work and training programs. Persons 45
or older accomit for about 21 percent of
the total unemployment in the United
States and 40 percent of all joblessness
for 27 weeks or longer. Yet. they repre-
sent only 4 percent of all first-time en-
rollees in Federal manpower programs.
This is precisely why both the Older
American Community Service Employ-
ment Act and the Middle-Aged and Older
Workers Training Act are urgently
needed now.
Without specific statutory authoriza-
tion, this neglect is likely to continue.
Even the President's own Special Con-
sultant on Aging — Dr. Arthur Flem-
ming — recognizes the need for special
emphasis programs for the elderly, at
lea.st on a limited basis. At the 25th An-
nual Aging Conference at the University
of Michigan, he gave this response when
an earlier speaker urged older Americans
to form coalitions with other groups
seeking social justice:
I feel we are still at the point in aglr.g
where we have to put the emphasis on the
categorical approach, or the elderly will get
the short end of the stick.
Moreover, in response to the adminis-
tration's objections to categorical man-
power programs, the Labor and Public
Welfare Committee included an amend-
ment to authorize the Secretary of Labor
to integrate programs under the Older
American Community Service Employ-
ment Act and the Middle-Aged and Older
Workers Training Act with any compre-
hensive manpower legislation that may
be subsequently enacted.
Mr. President, for these reasons I re-
affirm my firm support for prompt enact-
ment of the Older Americans Compre-
hensive Services Amendments.
OLDER AMERl ANS COMPREHFNSJVE SERVICES
AMENDMENTS
Mr. CHURCH. Mr. Piesident. one of
the first orders of business for the 93d
Congress is to reenact the Older Ameri-
cans Comprehensive Services Amend-
ments.
This vital legislation, which wo'uld
finally bring the Nation closer to the
goals sought by Congress when it passed
the Older Americans Act in 1965. was
approved overwhelmingly last year in
both Houses.
Months of discussion had preceded
pasasge, including extensive consulta-
tion with the administration.
But when the amendments reached the
23G
\ ^hite House, they stayed on the Presi-
d;nfs desk, unsigned. Finally, on Oc-
t )ber 30. the President announced he
V ould withhold approval, or resort to a
tjocket veto.
Congress could not then override this
i^egative act. We were not in session.
Now, in the early days of the 93d Con-
giress. we have a duty to act quickly on
t|us unfinished business from 1372.
For these reasons. I congi'atulate the
Senator from Missouri <Mr. Eagleton)
f )r reintroducing the amendments today, ;
as passed last year; and I join with him
i^ sponsoring the measure. \ prematurely institutionalized at a much
Senator EACLETor^i's sense of urgency is -^igher public cost. Several of these serv
CONGRESSIONAL RECORD — SENATE
January ^, 1973
Not only has the President given insuf-
ficient attention to the will of Congress:
it appears that he is not familiar with the
importance of the amendments.
In many respects, this measure rep-
resents landmark legislation for aged
and aging Americans.
It would for the first time provide the
essential wherewithal to launch vital so-
cial services on a much more realistic
scale. For many elderly persons, such
services can mean the difference between
living independently in their homes or
being — all too often — unnecessarily and
linderstandable. An arbitrary pocket
V eto has left older Americans adrift. The
/ dministration on Aging is operating on
a day-to-day basis under a continuing
r?soIution.>As a result, our Nation's com-
r utment to the elderly has been seriously
I ndermined.
Surely, the current crisis could have
b een avoided if the President had looked
more carefully at the amendments.
Senator Eagleton. as chairman of the
Subcommittee on Aging in the Commit-
tie on Labor and Public Welfare, had
c inducted lengthy hearings and had met
often with officials from the Department
of Health. Education, and Welfare. I
t link it is absolutely fair to say that the
s ibcommittee and the parent committee
made every effort to adopt constructive
administration recommendations, while
incorporating important provisions
s )ught by Congress.
The same was true in the House of
F epresentatives. where Representative
I RADEMAs worked diligently with his
cjunterpart subcommittee.
Furthermore, the bill had widespread
bipartisan support in both Houses, the
e :Uhu.siastic endorsement of every lead-
ing organization with an interest in ag-
iig. and the wholehearted commitment
o:' the Nation's elderly.
In addition, the Senate Committee on
.' sing — on which I serve as chairman —
Y ad attempted to lead the i;>ay to posi-
t ve action by appointing an Advisory
C ouncil and issuing its recommendations
i 1 advance of the 1971 White House Con-
I ?rence on Aging. Earlier, during joint
1 earings with Senator Eagleton's sub-
c Dmmittee. the committee had heard au-
t lontative testimony on the need for
riajor change in the functions of the
.- .dministration on Aging.
As H.R. 15657, the Older Americans
( omprehen.^ive Services Amendments of
1972 was pa.ssed in the House last July
ty 351 to 3. In October the Senate ap-
proved the bill. 89-0. With such clearcut
snd unmistakably bipartisan support.
t :iis bill then ran head-on into a pocket
veto.
Mr. Pre.=ident. the legi<:latlve history of
t :ie Older Americans Act amendments of
197J is one thit should have culminated
1 ot cnlv in presidential acceptance, but
I residential blef sing.
Instead, congressional initiatives and
t ne admini-traticn's own recbmmenda-
t.on-- were reiected, with only a curt
statement of scanty rationale for the
r egative rction.
Congress cannot — for the sake of the
peopl? of this Nation and for the sake
cf Congress itself — let the veto stand.
ices, such as homemaker, home health,
and meals-on-wheels, have already
pi'oved to be enormously successful for
aged and aging Americans. Enactment of
this legislation will help to make these
crucial services more readily available.
Second, this bill would at long last
rescue the Administration on Aging from
the lower rungs of the HEW bureaucracy.
This would be achieved by moving AoA
out of the welfare-oriented Social and
Rehabilitation Service into the oflBce of
the Secretary of HEW. This action is long
overdue. But more importantly, the
amendments would provide the elderly
with a high level spokesman with greater
power and prestige to formulate coherent
policies and programs of direct useful-
ness to older Americans.
Third, the new model programs — in
housing, transportation, and social serv-
ires for the elderly handicapped — would
offer fresh new perspectives for some of
the aged's most pressing problems.
Finally, this bill would make other im-
portant innovations and improvements
to meet the problems as well as the chal-
lenges of older Americans, including:
expanding the foster grandparent and
the retired senior volunteers programs:
authorising the establishment of multi-
purpose senior citizen centers to provide
focal points in localities throughout our
Nation for the systematic development
and delivery of social and nutritional
services; creating a new National Senior
Service Corps to take advantage of the
wealth cf talent and expertise with which
older Americans are so richly endowed:
and establishing a midcareer develop-
ment services prc?ram to provide train-
ing, counseling, recruitment, placement,
and other supportive services for unem-
ployed or underemployed persofis 45 or
older.
All in all, the 1973 amendments rep-
resent the most important ch3nge.s in
the entire history of the Older Americans
Act. These changes are desperately
needed. And. I urge early and favorable
approval of this legislation.
Mr. President, I ask unanimous con-
sent that a listing of org -.nizations sup-
porting the enactment of the older
Americans comprehensive services
amendments be printed at this point in
the Record.
There being no objection, the list was
ordered to be printed in the Record, as
follows;
Nation.'^l Organizations Supporting the En-
actment OF THE Older Americans Com-
prehensive Services Amendments
AFI.-CIO
National Association of Retired Federal
Employees
National Conference of Catholic Charities
National Council on the Aging
National Council of Senior Citizens
National Farmers Union
National Jewish Welfare Board
National Retired Teachers Association-
American Association of Retired Persons
United Auto Workers
Urban Elderly Coalition
SENATOR RANDOLPH COSPONSORS NEEDED BILL
TO AID AMERICA'S OLDER CITIZENS
Mr. RANDOLPH. Mr. President, it is a
privilege to cosponsor the Older Ameri-
cans Comprehensive Service Amend-
ments. I strongly support the enactment
of this measure.
As Senators know, the President pocket
vetoed this legislation last year. Had the
Congress had the opportunity to con-
sider his action, I feel that the veto would
have been overridden.
This bill fills a vital need in our society
to recognize the worth and productivity
of nearly 21 million older Americans. As
a sponsor of one of its major titles; as
one who was privileged to act as chair-
man of the Senate conferees in the nec-
essary absence of Senator Eagleton dur-
ing the 92d Congress when the confer-
ence report on similar legislation was
agreed to; and as one who has fought
for the concerns of the aging for many
years, I have observed this legislation
being molded over many months into an
instrument of good for America.
The measure introduced today includes
as title X a measure which I have spon-
sored for several years — the Middle-
Aged and Older Workers Training Act.
I feel these provisions are an absolute
necessity if we arc ever to begin to lift
middle-aged and older workers out of the
quagmire of dependence, of joblessness,
and hopelessness.
More than 1 million persons age ^
and older are now unemployed. Statistics
show that this job-age category increased
a shocking 73 -percent between 1969 and
1972. Long-term unemployment figures
are even more alarming. The number of
middle-aged and older workers out of
work for 27 weeks or longer increased
352 percent since 1969.
The tide that has resulted in such
human misery and poverty must be
stopped. The 92d Congress moved de-
cisively to stem this tide of despair, but
the administration turned its back on
those millions of older citizens who have
contributed so much to this Nation, and
seek only the opportunity to do more.
The many important aspects of this
comprehensive legislation will be dis-
cussed in detail by the able floor manager
of this legislation in the Senate. I shall,
therefore, direct my remarks to the pro-
visions of title X — the Middle-Aged and
Older Workers Training Act.
A major purpose of this title is to de-
velop a clear-cut and effective policy to
maximize employment opportunities for
persons 45 and older. To achieve this
goal, title X would establish a compre-
hensive midcai-eer development services
program in the Department of Labor
to assist middle-aged and older workers
to find employment by providing train-
ing, counseling, and special supportive
services.
This proposal would also authorize the
Secretary of Labor to recruit personnel
for the purpose of training and retrain-
ing persons 45 and older to develop skills
January k, 1973
CONGRESSIONAL RECORlb — SENATE
237
which are needed in their communities.
This is essential to provide full-time
older worker specialists to focus, in fact
and not in theory, on the unique and
grovnng unemployment problems of the
mature individual.
Particularly significant, in my judg-
ment, is a provision for the placement,
recruitment, and coimseling services
available in communities where there is
substantial unemployment because of a
plant shutdown or other permanent re-
duction in the work force. When such a
mass reduction occurs, a community dies
without outside help, and the resultant
eccnomic chaos and personal misery must
be counted ar a manmade disaster.
This proposal also would authorize a
number of special studies, including:
Means to eliminate the lack of coverage
and other inadequacies in workmen's
compensation and disability insurance
programs, health insurance, and pension
plans, particularly as they adversely af-
fect middle-afged and older workers; and
The feasibility of establishing a pro-
gram of extended unemployment com-
pensation for workers 55 and older who
have exhausted their benefits.
To carry out these purposes, this meas-
ure would authorize SI 00 million for fis-
cal 1973 and $150 million for 1974. With
this level of funding, it would be possible
to assist 100,000 persons 45 and older to
locate new and more productive employ-
ment. During fiscal 1972. by way of con-
trast, there were less than 50,000 persons
in this age bracket participating in our
Nation's manpower and training pro-
grams.
Mr. President, stark statistics cannot
begin to tell the real story of how our
older Americans have endured through a
period of economic change and social up-
heaval. Without specific statutory au-
thorization, the outlook for improvement
for older persons is certainly not encour-
aging. My amendment can provide the
legislative framework to establish a foun-
dation for a new national policy to pro-
mote employment opportunities for older
persons.
This measure introduced by the knowl-
edgeable chairman of the Aging Subcom-
mittee, Senator Eagleton. represents a
sound and sensible effort to help assure
our older citizens that they are and must
remain a vital, productive segment of our
society, I again urge the adoption of this
mea.sure.
By Mr. KENNEDY:
S. 60. A bill to authorize the acquisition
and maintenance of the Goddard Rocket
Launching Site in accordance with the
act of August 25, 1916, as amended and
supplemented, and for other purposes.
Referred to the Committee on Interior
and Insular Affairs.
ACQUISITION AND MAINTENANCE OF THE GODDARD
ROCKET LAUNCHING SITE
Mr. KENNEDY. Mr. President. Dr.
Goddard was the father of rocketry. His
pioneering work led to his launching of
the first liquid-propelled rocket on
March 15, 1926. Bom in Worcester, Mass.,
in 1882, he became a professor at Clark
University. His scientific accomplish-
ments have significance for the entire
world, and enactment of this legisla-
tion will be a fitting tribute to his
memory.
I ask that the full text of the bill be
printed at the conclusion of these re-
marks.
There being no objection, the bill was
ordered to be printed in the Record, as
follows ;
s. 60
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That In order
to preserve for the inspiration of present and
future generations the site In the town of
Auburn. Massachusetts, on which Doctor
Robert H. Goddard launched the first liquid-
propelled rocket on March 16. 1926, the Sec-
retary cr the Interior Is 'authorized to acquire
and maintain such .site in accordance with
the provisions of the Act entitled "An Act to
establish a National Park Service, and for
other purposes", approved August 25, 1916
(39 Stat. 535: 16 U.S.C. 1-4 1. as amended
and supplemented.
Sec 2. There ar*- appropriated such
sums as are ner ry lo carry out the pur-
poses of this Act.
By Mr. CRANSTON ifor himself
and Mr. Tunney> ;
S. 61. A bill to amend title 23 of the
United States Code to authorize con-
struction of exclusive or preferential bi-
cycle lanes, and for other purposes. Re-
ferred to the Committee on Public
Works.
THE BICYCLE TRANSPORTATION ACT
Mr. CRANSTON. Mr. President. I rise
to introduce, for appropriate reference, a
bill called the Bicycle Transportation
Act. This proposal, which is identical to
S. 2440 which I introduced in the 92d
Congress, would provide that sums ap-
portioned for the Federal-aid highway
systems would be made available for the
development and improvement of bicycle
transportation. I am pleased to be joined
once again in sponsoring this legislation
by my California colleague. Senator John
■v. TUNNEY.
Under the provisions of the proposal I
am reintroducing today, funds could be
used to finance the Federal share of the
cost of constructing separate or prefer-
rential bicycle lanes or paths, bicycle
traffic control devices, bicycle shelters,
and parking facilities, and other projects
designed to enhance, improve, and de-
velop the bicycle as a viable form of
transportation.
The bicycle— 'One of the first products
produced by the machine age — is today
enjoying a spirited revival. During the
1890's, the bicycle was so popular that
the words to a song inspired by the "bi-
cycle built for two" survive today. But
the bicycle's popularity declined marked-
ly during the early decades of this cen-
tury as the autoBiobile captured the fan-
cy and the poc^tbook of America.
The bicycle has a fascinating history.
It has clear ties with the development of
new technologies and iimovations associ-
ated with the advancement of the indus-
trial revolution. Henry Ford has his ori-
gins in the bicycle repair business, and
Wilbur and Orvllle Wright conducted
their first experiments in aerodj-namics
from their bicycle repair shop. Many of
the improvements in bicycle design such
as the differential axle are still in use
in today's automobile.
The bicycle also had an impact on
American social customs. The use of the
bicycle by women in the last century
called for more functional feminine ap-
parel. It also greatly increased women's
freedom and mobility, although women
bicycle riders seen attired in bloomers
during the 1890's were referred to as
scorchers. In addition, the development
of the bicycle built for two enabled
couples to court unchaperoned, for per-
haps the first time. It is fair to conclude,
then, that the bicycle played an impor-
tant role in the liberalization of social
customs and was an early catalyst for
the emancipation of women.
Today, after several decades of de-
clining popularity, the bicycle is the
subject of renewed interest and enthusi-
asm. Young and old alike are pedaling
for pleasure, entering bicycle races, mak-
ing cross-country bicycle tours, joining
bike clubs, and biking to and from work,
school, and shopping centers. Bicycle
manufacturers report dramatic increases
in sales, and Government officials have
discovered a new citizens' lobby — the bi-
cycle enthusiasts who are demanding bi-
cycle facilities for safe and pleasant rec-
reation and transportation.
Shortly after introducing S. 2440 in
the 92d Congress, I conducted an in-
formal "bicycle survey" of every county
and every incorporated city in California.
In a letter to mayors, chairmen of county
boards of supervisors, and city managers,
I asked a series of six questions to deter-
mine the extent of already-existing bi-
cycle transportation and recreation facil-
ities at the local level, the extent of ex-
pressed local public interest in the de-
velopment of such facilities, estimates of
cost, and whether local government of-
ficials felt that Federal financial assist-
ance was either necessary or desirable in
order to meet the public demand for the
development of a safe and contiguous
network of bicycle paths, lanes, and
trails.
The response to this inquiry was quite
positive, documenting what I had guessed
to be a rapidly growing enthusiasm for
bicycles in California. Out of 209 re-
sponses, for example. 174 indicated that
there had been an expression of con-
siderable local public interest in the de-
velopment of bicycle facilities, 135 indi-
cated that the major hindrance to the
development of such facilities was lack of
money, and 142 said they thought Fed-
eral financial assistance was both neces-
sary and desirable.
The Bicycle Institute of America,
which represents the interests of the bi-
cycle industry, has estimated that some
50 million bicycles are now in use on
the streets and highways of America.
They also estimate that there are some
70 million bicycle riders. In addition, the
Bicycle Institute reports that for the first
time since the 1890's, nearly half of all
bicycles produced are being sold to
adults. Much of the demand for bicycle
facilities is the result of this "adult bike
boom." What has long been considered
a child's toy is now seen as a viable form
of adult transportation.
It is the purpose of my bill to enhance
opportunities for the use of the bicycle
as transportation. At a time when con-
238
I
CONGRESSIONAL RECORD — SENATE
January 4, 1973
siderable' concern is being expressed
about the quality of our urban environ-
ment and, particularly, whether we have
already passed the point at which en-
vironmental degradation is reversible, at
such a time the need for development
of safe, nonpolluting means of transpor-
tation is especially acute. Furthermore,
at a time when the No. 1 killer in Amer-
ica is heart disease, the bicycle has been
pinpointed as a form of individual exer-
cise that is of great benefit to the health
of the human heart. Many of us well
remember the words of Dr. Paul Dudley
White. President Eisenhower's personal
physician, who advised the late Presi-
dent to ride a bicycle as therapy for his
ailing heart. The bicycle is, in short, a
safe, healthy, quiet form of transporta-
tion, and I am hopeful that 1973 will be
the year in which my proposal for bicycle
resources is realized.
I was pleasantly surprised by the im-
mediate and enthusiastic support that
has rallied around my bill since I first
introduced it in August 1971. Bicycle
clubs, conservation organizations, and
numerous individuals joined in support
of the bill with the Secretary of Trans-
portation John Volpe. 14 Senate co-
sponsors and 51 House cosponsors. As a
result, a modified S. 2440 was incorpo-
rated into the Federal Aid-Highway Act
of 1972. S. 3939 of the 92d Congress. It
passed the Senate in September and was
amended and passed by the House in Oc-
tober. The House-Senate conferees ap-
proved provisions authorizing limited
support for bicycle facilities, which al-
though less than I would have liked to
have seen was nonetheless a good be-
ginning. Unfortunately, the entire Fed-
eral Aid-Highway Act met its Waterloo
when the House could not muster a
quorum in the final hours of the 92d
Congress and had to adjourn before
approving the conference report.
And so it is that I am reintroducing
the Bicycle Transportation Act. Public
support for bicycle facilities legislation is
growing stronger with each passing day,
and I am anticipating that the Congi-ess
will respond to this public support by
enacting my proposal.
With bicycle trafiBc deaths and injuries
on the increase, with public interest in
bicycles growing rapidly, and with the
urgency of our need to find nonpolluting
modes of transportation to compete with
the omnipresent automobile getting more
acute, we simply cannot pass up this
opf)ortunity to enhance opportunities for
tli* use :of the bicycle. I am convinced
that the development of an urban and
national network of safe, separate bike-
ways will swell the ranks of bicyclists, to
the ultimate benefit of us all.
I welcome the support and cosponsor-
ship of my colleagues and look forward
to early, favorable action by the Senate
on this proposal.
Mr. President, I ask unanimous con-
sent that the text of my bill be printed
at this point in the Record. ^
There being no objection, the bill was
ordered to be printed in the Record, as
follows:
S. 61
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That tills
Act may be cited as the "Bicycle Trans-
portation Act."
Sec. 2. (a) Chapter 1 of title 23, tJnlted
States Code, Is amended by adding at the
end thereof the following new section: "Sec-
tion 145. Bicycle Transportation.
"(a) To encourage the development. Im-
provement and use of bicycle transportation
on highways for the transportation of per-
sons so as to Increase the traffic capacity of
the Federal-aid systems, sums apportioned
In accordance with subsection (b) of section
104 of this title shall be available to fi-
nance the Federal share of the cost of proj-
ects for the construction of exclusive or
preferential bicycle Lanes, or paths, bicycle
traffic control devices, and shelters and
parking facilities to serve bicycles and per-
sons using bicycles.
"(b) For all purposes of this title, a proj-
ect authorized by subsection (a) of this
section shall be deemed to be a highway
project, and the federal share payable on
account of such project shall be that pro-
vided in section 120 of this title."
(b) The analysis of chapter 1 of title 23,
United States Code is amended by adding
at the end thereof the following:
"145 Bicycle transportation."
By Mr. CRANSTON:
S. 62. A bill to authorize the estab-
lishment of the Desert Pupfish National
Monument in the States of California
and Nevada, and for other purposes. Re-
ferred to the Committee on Interior and
Insular Affairs.
DESERT PUPFISH NATIONAL MONUMENT
Mr. CRANSTON. Mr. President, I rise
to introduce, for appropriate reference,
a bill to authorize the establishment of
the Desert Pupflsh National Monument
in the States of California and Nevada.
This bill is identical to the one I intro-
duced in the 92d Congress ^S. 2141) to
set aside a 35,000-acre area to protect
the few remaining desert pupflsh.
Tlie Ash Meadows area has been the
home of the several species of pupfish
for 20,000 years. During this time, the
pupfish have adapted from the cold-
water, postglacial lakes which covered
the Western United States following the
last Ice Age to a totally different and in-
hospitable environment, which is typi-
fied by Devils Hole — where the water is
high in mineral content, low in oxygen,
and 92^= in temperature.
Yet the pumping of water by a local
ranching operation has caused the
water level in Devils Hole to drop to a
dangerously low level. The desert pup-
fish may not survive another year unless
steps are taken to preserve their unique
habitat.
Saving the remaining species and sub-
species of this endangered fish, along
with the protection of their habitat, is of
importance not only for the mainte-
nance of nature's diversity, but because
of their tremendous value for studies of
genetic evolution. Already man's need-
less indifference has permitted the ex-
tinction of several subspecies, and two
which live in the Ash Meadows area are
on the brink of extinction.
In addition to the unique desert pup-
fish found in the Ash Meadows area,
botanical research conducted by Dr.
Janice C. Beatley of the laboratory of
nuclear medicine and radiation biology
of the University of California at Los
Angeles, Assistant Professor of Botany
James L. Reveal, of the University of
Maryland, and others, has revealed
unique species of plants growing in the
Ash Meadows area — plants that are
found in no other place in the world.
Some of these plants were restricted
by evolution to this single area; most of
them are entirely different from plants
in surrounding areas of Nevada and Cali-
fornia. If a Desert Pupfish National
Monument were established, not only
would the desert pupfish be rescued from
extinction but these unique species of
plants would be preserved. As Professor
Reveal states —
We are fighting time. No advanced tech-
nology will ever replace an extinct species.
The desert region which I propose as
the site of the Desert Pupfish National
Monument, is a 40-acre parcel of hillside
which is part of Death Valley National
Monument, but separated by almost 20
miles of desert from the main body of the
monument. The 40 acres was included in
the national monument in 1952. because
of a deep limestone chasm in the side of
the hill at the bottom of which is a small
warm water spring. It is called Devils
Hole, and is surrounded by two chain link
fences.
Outside of the fences the Park Service
has erected a sign which reads as follows:
Devils Hole
In the small pool at the bottom of this
limestone cavern lives the entire population
of Cyprinodon diabolis, one type of desert
pupfish. These fish live in what is probably
the most restricted environment of any ani-
mal in tlie world.
If the pupfish becomes extinct, it will
be because of man's activities. On the
southern slope below Devils Hole a
ranching operation has been pumping to
irrigate about 3,000 acres of land to grow
fodder for 2.500 head of cattle. The land
is not very productive — the fields are
pockmarked with alkaline sections
■where nothing grows — and the cattle
must rely on imported feed to supple-
ment the Ash Meadows crop. Yet it is to
provide some feed for these few head of
cattle that we are on the brink of de-
stroying the Devils Hole pupfish.
Mr. President, the little pupfish stands
as both a concrete example of a living
species about to become extinct as a re-
sult of man's reckless activities and as
a symbol of what the environmental
fight is all about. Few of us have ever
seen a pupflsh; unlike other flshg pupflsh
cannot be eaten: and most would, in
considering my proposal, find a ques-
tion on the tip of their tongues: "What
good are they? Why should we worry?"
The answer to that question is that we
carmot afford not to worry about the iln-
foreseen future consequences of al-
lowing the desert pupfish to die out as a
living species on the Planet Earth. Much
of the environmental crisis today is the
result of man's failure to see far enougli
ahead of his own nose to avoid some of
the frightening consequences with which
all of us are now faced. Not only are we
faced with a tremendously costly clean-
up job, but we are faced \\ith a struggle
over our own future survival.
I sincerely hope that my colleagues
will join with me in this effort to save
January 4, 1073
CONGRESSIONAL RECORD — SENATE
239
the tiny desert pupfish from total ex-
tinction.
Mr. President, I ask unanimous con-
sent that the full text of my bill be
printed at this point in the Record.
There being no objection, the bill was
ordered to be printed in the Record as
follows:
s. 62
0e it enacted by the Seiiate and House
of Representatives of the United States of
America in Congress assembled, That in or-
der to preserve and protect several species
of desert pupfish, and to interpret their
evolution In areas of their natural environ-
ment, for the benefit and education of the
people of the United States, the Secretary of
the Interior (hereinafter ref^H^O to as the
"Secretary") Is authorizefKto establish the
Desert Pupfish NationaL/Monument (herein-
after referred to as^he "national monu-
ment") in the State^of California and Nev-
ada. The boundary^of the national monu-
ment shall be a^^enerally depicted on the
drawmg entitles "Desert Pupflsh National
Monument," jnimbered NM-DP-91.00e, and
dated Janii^- 1971, which shall be on file
and availaroie for public inspection in the
offices of the National Park Service, Depart-
ment of the Interior.
Sec. 2. Within the boundary of the na-
tional monument, the Secretary may acquire
lauds, waters, and interests therein by dona-
tion, purchase with donated or appropriated
funds, or exchange. Lands, waters, and in-
terests therein owned by the States of Cali-
fornia or Nevada, or any political subdivision
there;!, mav be acquired only with the con-
sent of such owner. When the Secretary de-
termines that lands, waters, and Interests
therein have been acquired sufficient to con-
stitute an efficiently admlnlstrable unit for
the purposes of this Act, he shall establish
the :iational monument by publication of
notice to that effect In the Federal Register.
Pe'idu'.g such establishment and thereafter,
the Secretary shall administer the lands, wa-
ters, and interests therein within the boun-
dary of the national monument in accordance
with the pravisions of this Act and the Act
of August 25. 1916 (39 Stat. 535) , as amended
and supplemented (16 U.S.C. 1 et seq.).
Sec. 3. Effective upon establishment of the
natio;ial monument pursuant to section 2,
the Devirs Hole portion of Death Valley Na-
tional Monument, which was added to the
Death Valley National Monument by Proc-
lamation numbered 2961 of January iv. 1952
(66 Stat, c 181, is abolished, as such, and
the lands, waters, and Interests therein are
made a part of the national monument es-
tablished purs\iant to this Act, Any funds
available for the Devil's Hole portion of
Death Valley National Monument on the
date :if such establishment shall be avail-
able for the purposes of the national monu-
ment established pursuant to this Act.
Sec 4. There are authorized to be appro-
priated such sums as may be necessary to
carry out the provisions of this Act.
By Mr. CRANSTON (for himself
and Mr. Tunney^ :
S. 63. A bill to establish the California
Desert National Conservation Area, and
for other purposes. Referred to the Com-
mittee on Interior and Insular Affairs.
THE CALlFORNL\ DESFRT NATIONAL CONSERVA-
TION AREA
Mr. CRANSTON. Mr. President, I in-
troduce for appropriate reference a bill
to establish the California Desert Na-
tional Conservation Area. The bill is
identical to one I introduced in the 92d
Congress with the cosponsorship of my
colleague from California (Mr. Tunney) .
I am delighted that he again joins me as
cosponsor of this bill.
Spreading from the Sierra Nevada and
Death Valley south 240 miles to the
Mexican border and from the San Ber-
nardino and San Jacinto Mountain
Ranges east to the Colorado desert is one
of America's most scenic, yet fragile nat-
ural resources.
This vast desert is an area of tremen-
dous ecological diversity and rich in his-
torical, scenic, archeological, environ-
mental, biological, cultural, scientific,
and educational resources. Physically,
the California desert ranges from snow
capped mountains to plateaus, basins,
dry lake beds, rivers and washes. The
desert has more than 700 species of flow-
ering plants, of which 217 are found no-
where else in the world.
It contains rare and endangered spe-
cies of wildlife and fishes such as the big-
horn sheep and the desert pupfish that
are unique to the California-Nevada des-
ert. The California desert is a total, com-
plex ecosystem.
The fact that the California desert lies
so near the rapidly growing major popu-
lation centers of southern California
makes it an important recreat^nal and
educational resource. The California des-
ert is literally within minutes of 10 mil-
lion people. Yet it is precisely this unique
proximity to 10 million people which
calls for the special protections wliich my
bill would provide. Without protections,
the recreational and educational re-
sources will be short lived.
From 1968 to 1972, the use of the
California desert by the American pub-
lic doubled. The Bureau of Land Man-
agement anticipates that the California
desert will receive close to 10 million
visitor-days this year. This figure is ex-
pected to reach 50 million by the year
2000.
The California desert is so big, so vast,
that it seems that there would be space
for everyone and every activity. In fact,
its resources are limited. Moreover, the
desert's total ecosystem is extremely
fragile, easily scarred and slowly healed.
Today excessive and uncontrolled off-
road vehicle use, improper grazing prac-
tices, careless mining operations, un-
planned construction and roadbuilding,
and the pressures of growing recrea-
tional use are altering and destroying the
fragile ecology of the California desert.
If we are to preserve the unique and ir-
replaceable resources of the California
desert, man's activities will have to be
limited to those wliich do not disturb the
natural setting, destroy the scenic
beauty, or upset the fragile ecology of the
California desert. It is not too late to save
this beautiful area. But we nftist make
decisions now to determine how we will
use these lands and resources so that
they will remain intact, not only for us,
but also for future generations. If we fail
to seize ^hi^^oppbrtunity and let present
patterns 6i haphazard development and
unwise recreational use continue, we may
desecrate and irreversibly destroy the
open space values of the California
desert.
The bill I am introducing today will
establish the California Desert National
Conservation Area and will require the
Department of the Interior to develop a
plan for the irrunediate and future pres-
ervation and administration of the Cali-
fornia desert. It will provide $28.6 mil-
lion for the next 6 years to complete this
task. 1
In addition, my bill will grant the
BLM some new authorities for the en-
hancement and protection of the Cali-
fornia desert. The bill gives the Secre-
tary the authority to acquire, through
purchases or exchange, additional lands
for the more economic and efficient
management of the California desert.
The bill also provides for greater BLM
control over surface mining activities on
the California desert. Finally, the bill
authorizes the Secretary to contract
with local law enforcement agencies to
develop a program for the expeditious
enforcement of rules and regulations
necessary for the protection and man-
agement of the California desert.
Another important aspect of my bill
is that it provides for public input into
the process of developing the California
desert plan. The bill requires the Sec-
retary to establish and take into con-
sideration the recommendations of an
advisory commission on the desert. This
commission is to be comprised of rep-
resentatives of not only the Federal
agencies owning or administering lands
in the desert, but also State and local
governmental units, residents of the des-
ert, environmentalists, and those who use
the desert for study and recreation. In
addition, when the Secretar>' proposes a
change in a rule or regulation regarding
the California desert, my bill requires
that public hearings be held.
Mr. President, I ask unanimous con-
sent that the text of the bill be printed
at this point in the Record.
There being no objection, the bill was
ordered to be printed in the ^Record, as
follows :
S. 63
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That (a) the
Congress finds that —
( 1 ) the California desert contains histori-
cal, scenic, archeological, environmental, bio-
logical, cultural, sclentlflc, and educational
resources that are unique and Irreplaceable,
able.
(2) many of these resources are immedi-
ately threatened. Including certain rare and
endangered species of wildlife, plants, and
fishes that are unique to the California des-
ert, whose habitats are being altered or de-
stroyed by man's growing Influence In the
desert;
(3) the desert environment Is a total eco-
system that Is extremely fragile, easily
scarred, and slowly healed:
(4) the desert environment Is seriously
threatened by air ix>llutlon, indiscriminate
off-road vehicle use. Improper grazing, care-
less mining operations, unplanned develop-
ment and construction, poor land use. and
the pressures of growing recreational use:
(5) the Interrelationship of man and his
desert environment Is poorly understood:
(6) The proximity of the lands of the
California desert to the rapidly growing p>op-
ulatlon centers of southern California makes
the California desert at cnce a unique recrea-
tional and educational resource and a re-
source In need of special protections:
(7) In order to study the Interrelationship
of man and his desert environment and to
preserve the unique and irreplaceable re-
>40
CONGRESSIONAL RECORD — SENATE
January J^, 1973
iources of the California desert, man's actlv-
tles must be limited to those which do not
llsturb the natural setting, destroy the scenic
leauty, or upset the fragile ecology of the
California desert; and
(8( in order to maintain environmental
juality and ecological diversity and to con-
rol resource use. immediate steps must be
aken to develop a comprehensive plan for
Ihe preseri'atlon of the desert environment
itnd for the utilization of the desert's renew-
ible resources within a framework of man-
I .gement which relies on the principles of
multiple use and the maintenance of envl-
1 oumental quality.
(b) It Is the purpose of this Act to pro-
' Ide for the immediate and future protection
iind administration of such public lands in
1 he California desert within the framework
I if a program of multiple use and the malnte-
1 lance of environmental quality.
Sec. 2. For the purposes of this Act —
(1) the term "Secretary" means the Sec-
I Btary of the Interior;
(2) the term "multiple use" means —
(A) the management of all of the re-
s aurces of the desert so that they are utilized
X y the public in the balanced combination
t tiat best meets the needs of the American
f eople now and in future generations;
(B) the most judicious use of the land,
"(flthln areas large enough to provide suf-
f cient latitude for periodic adjustment In
ise. for the purpose of protecting and de-
veloping some or all of the resources:
(C) the use of some land and resources for
r screatlonal purposes;
(D) the harmonious and coordinated
I lanagement of such resources and uses
V Ithout impairing the productivity or en-
V ironment of the land; and
(E) the consideration of the relative value
a nd ecological relationships of such re-
s Hirces and uses, but not necessarily the con-
s deration of the greatest relative economic
value of such resources and use;
(3) the term 'resources" means all of the
virions historical, scenic, archeologrical. en-
VTonmental. biological, cultui'al, scientific,
a :id educational resources of the desert:
(4) the term "public lands" means any and
all land owned by the United States (other
t lan Indian lands and lands comprising a
national park) without regard to how the
I nlted States acquired ownership of the land
aid without regard to the agency having
r isponslbmty management thereof;
(5) the term "California desert" means all
li ii-i&s and waters generally located within the
£ tate of CalUomla east of the Sierra Nevadas,
eist of the San Bernardino Mountains, and
e )£t of the San Jacinto Mountains south
t ) the Mexican border, and including ad-
J icent watersheds without regard to the
S tate or States in which such watersheds are
V icated;
Sec. 3. (a) There Is hereby established the
California Desert Advisory Commission.
1 he Commission shall consist of a representa-
t ve from each Federal agency having Jurls-
d Ictlon or control over lands within the
C allfornia desert, representatives of State
and local governmental units (Including law
e iforcement agencies) , representatives of the
a:ademic community having expertise in this
f eld. representatives of residents of the Call-
f >rnia desert ( including American Indians) ,
e avlronmentallst^, and representatives of
groups which make use of the California
d ssert and Its resources for purposes of rec-
r (ation, study, or business.
( b) Appointments to the Commission shall
made by the Secretary. Such appointments
lall be naade in accordance with the provl-
s ons of subsection (a) of this section and
s lall be made within the sixty-day period
f )Ilowlng the date of the enactment of this
A ct. In making such appointments, the Sec-
rstary shall assure that the members of the
Commission will reflect the points of view
o' the different races, ethnic groups, sexes,
a ad ages of persons.
(c) The Secretary, within ninety days fol-
lowing the date of the enactment of this Act,
shall call the first meeting of the Advisory
Commission. The Chairman of the Commis-
sion shall be elected by the members thereof.
The Chairman is authorized to employ and
fix the compensation of such employees as he
determines necessary to enable the Com-
mission to carry out Us functions under this
Act. and to reimburse the members for ex-
penses Incurred by them In carrying out their
duties under this Act.
(d) It shall be the function of the Ad-
visory Commission to advise the Secretary
with respect to the preparation of the long-
range program and plan for the manage-
ment, use, and protection of the California
desert.
(e) The Commission shall terminate upon
the expiration of sixty days following the date
of the submission to the Congress of the
plan required under section 5 of this Act.
Sec. 4. In order to carry out the purposes
of this Act. there is established the Cali-
fornia Desert National Conservation Area
(hereinafter referred to as the "conservation
area" ) . The Secretary shall publish a map of
this area In the Federal Register. Such map
shall be on file and available for public In-
spection in the Office of Information, Bureau
of Land Management, Department of the In-
terior. The Secretary may revise the bound-
aries of the conservation area from time to
time by publication In the Federal Register of
the revised drawing or other boundary de-
scription.
Sec. 5. (a) The Secretary shall be respon-
sible for the preparation of a long-range pro-
gram for the management, use, and protec-
tion of the conservation area.
(b) Such program shall Include a plan, to
be completed and reported to Congress, by .
June 30, 1979, for the future management,
use, and protection of the conservation area.
Such plan shall take Into account the prin-
ciples of multiple use, the maintenance of
environmental quality of the area, and the
possibility of selective acquisition and dis-
posal of public lands In order to better carry
oui the purposes of this Act. In the prepara-
tion of such plan, the Secretary shall take
into consideration the proposals of the Ad-
visory Commission established by section 3 of
this Act. and proposals of other Federal
agencies and the State of California (or any
political subdivision thereof) including rec-
ommendations from studies that have already
been completed or are currently being pre-
pared. In no event shall any such plan be-
come effective until after the expiration of
the sixty-day period following the date of Its
submission to the Congress.
(c) During the period beginning on the
date of enactment of this Act, and ending at
the time of implementation of the long-range
plan the Secretary shall execute an Interim
program to manage and protect the conserva-
tion area resources now in danger of destruc-
tion, to provide for the public use of the area
In an orderly and reasonable manner such as
through the development of campgrounds
and visitor centers, and to provide for a
uniformed ranger protection and mainte-
nance operation.
(d> During the interim period beginning
on the enactment of this Act, and con-
tinuing after the final program has been
completed, the Secretary shall be authorized
to contract with State and local government
units In developing advanced programs
for law enforcement. The Secretary Is In-
structed to use his existing authorities to
contract for research work in connection with
the development of the plan, as he deems
desirable.
(e) Annually the Secretary shall report to
Congress on the progress of the planning.
Implementation of. and progress on recom-
mendations previously made, and on all ac-
tivities under subsections (a) through (d) of
this section.
Sec. 6. ^) The Secretary may acquire by
purchase, exchange, or otherwise, such lands
or interests therein as he deems necessary
to provide access to the facilities of the con-
servation area, or to facilitate efficient and
beneficial management of such area. Any
lands or Interests in lands within the con-
servation area acquired pursuant to tliis sec-
tion, shall, upon acceptance of title, become
public lands, and shall become a part of
such area, subject to all the laws and regula-
tions applicable thereto. In carrying out his
authority to enter Into exchanges as pro-
vlded In this Act. in no case shall the Secre-
tary utilize lands with respect lo which there
was an outstanding withdrawal order in
effect on August 2. 1972.
(b)(1) Notwithstanding any other pro-
vision of law. In exercising the exchange au-
thority granted by subsection (a) of this
section, the Secretary may accept title to any
non-Federal property or interests therein,
and In exchange therefor he may convey to
the grantor of such property or Interest any
public lands or Interests therein under his
Jurisdiction which he classifies as suitable
for exchange or other disposal. The values
of the« lands so exchanged shall be approxi-
mately equal, but if they are not approxi-
mately equal the difference In value shall be
equalized by the payment of money to the
grantor or to the Secretary, as the case may
be.
(2) Either party to an exchange under this
Act may reserve minerals, easements, or
rights of use, either for its own benefit, for
the benefit of third parties, or the benefit of
the general public. Any such reservation,
whether in lands conveyed to or by the
United States, shall be subject to such
reasonable conditions respecting Ingress and
egress and the use of the surface of the land
as may be deemed necessary by the Secretary.
When minerals are reserved In a conveyance
by the United States, any person who pros-
pects for or acquires the right to mine and
remove the reserved mineral deposits shall
be liable to the surface owners according to
their respective interests for any actual
damage to the surface or to the improve-
ments thereon resulting from prospecting,
entering, or mining operations; and such
person shall, prior to entering, either obtain
the surface owner's written consent, or file
with the Secretary a good and sufficient bond
or undertaking to the United States In an
amount acceptable to the Secretary for the
use and benefit of the surface owner to secure
payment of such damages as may be deter-
mined In an action brought on the bond or
undertaking In a court of competent Juris-
diction.
Sec. 7. The Secretary shall administer the
conservation area pursuant to the provisions
of this Act. and any other authority avail-
able to him for management of the public
lands.
Sec. 8. The Secretary shall Issue such regu-
lations as he deems necessary to carry out
the provisions of this Act. Notice of proposed
rulemaking shall be furnished to the Presi-
dent of the Senate and the Speaker of the
House of Representatives and published in
the Federal Register and in at least one
newspaper of general circulation in the area
affected by the proposed rule. The notice
shall Include as a minimum: (1) a statement
of the time, place, and nature of public rule-
making proceedings; i2) reference to the
authority under which the rule is proposed:
(3 I either the terms or substance of the pro-
posed rule or description of the subjects and
issues Involved including in either event the
projected impact of the proposed rule on
users, potential users, and the generi'.l pub-
lic; and (4) the time. date, and place of pub-
lic hearings to be held. The notice required
by this section shall include provision by the
agency for anyone interested to participate
In the rulemaking, within not less than
thirty days or more than ninety days there-
after, through submission of written data,
views, or arguments with or without oppor-
Januarij If, 1973
CONGRESSIONAL RECORD — SENATE
241
tunity to present the same orally in any
manner; and after consideration of all rele-
vant matter presented, the agency shall In-
corporate In any rules adopted a concise gen-
eral statement of their basis and purpose.
Public hearings shall be held on any pro-
posed rule that will have a significant im-
pact on the administration and use of the
conservation area.
Sec. 9. Subject to valid existing rights,
nothing in this Act shall affect the applica-
bility of the United States mining laws on
the public lands within the conservation
area, except that all mining carried out with-
in such area after the effective date of this
Act shall be subject to such reasonable regu-
lations as the Secretary may prescribe to ef-
fectuate the purposes of this Act. Such regu-
lations shall provide for such measures as
may be reasonable to protect the scenic,
scientific, and environmental values of the
conservation area against undue impairment,
and to assure against pollution of the air,
soil, and water within the conservation area.
Sec. 10. There is authorized to be appro-
priated not to exceed $28,600,000 for the pur-
poses of this Act, such amount to remain
available until expended.
By Mr. ROLLINGS 'for himself,
Mr. Magnuson, Mr. Moss, and
Mr. TuNNEY) :
S. 70. A bill to promote commerce and
establish a Council on Energy Policy and
for other purposes. Referred to the Com-
mittee on Commerce.
ENERGY POLICY ACT OF 1973
Mr. ROLLINGS. Mr. President, I in-
troduce for appropriate reference on be-
half of myself and the distinguished
Senators from Washington <Mr. Mag-
nuson), Utah (Mr. Moss», and Cali-
fornia fMr. TtTNNEY) the Energy Policy
Act of 1973, a bill designed to supply bold
Federal leadership in establishing a co-
herent national energy policy.
The Nation's supply of energy has
historically been abundant and inexpen-
sive. Ample natural resources, private
initiative and government incentives
combined to provide the energy needed
to conquer the frontier and fuel the de-
velopment of the largest industrial out-
put in the world.
But the production and consumption
of energy produces most of the Nation's
environmental problems. An ad hoc
structure has developed that encourages
wasteful and inefficient energy con-
sumption. The Nation finds itself in a
period of transition v.here emerging
social and environmental goals are in
conflict with traditional policies of
growth and development.
Shortages of energy are becoming in-
creasingly common. Several regions of
the country face the prospect of power
brownouts and blackouts during peak
loads in summer or winter. Natuial gas,
the cleanest of the fossil fuels, was ag-
gressively marketed by pipeline com-
panies in the last two decades but today
they cannot meet needs of customers in
many regions of the Nation. Coal and
oil prices have soared and low sulfur
fuels are in very tight supply. Independ-
ent oil and gasoline suppliers cannot
obtain sufficient fuels for their cus-
tomers needs. The Nation is becoming
ever more dependent upon foreign
petroleum supplies.
While the Nation is facing shortages of
energy, there is an abundance of pol-
lution. Air pollution from electric power-
plants caused over $8 billion in health
and property damage last year — over $40
for every man. woman, and child in the
United States. Nuclear powerplants,
while not a source of air pollution, pre-
sent problems of their own. Manv scien-
tists have warned of the inadequacies of
procedures for dealing with nuclear plant
emergencies and for perpetually manag-
ing radioactive waste products which
must be isolated from the environment
for thousands of years. Strip mining for
coal is devastating large areas of the Na-
tion while underground mining causes a
high toll in death and human suffering.
Oil siiipments over water last year re-
sulted in more than 10,000 oil spills and
the situation promises to become worse as
we import more oil and commence ship-
ments from Alaska.
The existing institutional structure,
particularly in regulated industries, op-
erates to discourage efficiency and in-
novation and instead encourages politi-
cal manipulation, economic concentra-
tion, secrecy and heavy investment in the
status quo.
The Nation is totally unprepared to
systematically deal with these urgent
problems. There is no comprehensive en-
ergy policy. Instead numerous State,
Federal, and even some local agencies are
directly involved in formulating energy
policy. On the Federal level alone, sev-
eral agencies regulate oil leasing, petro-
leum production, petroleum imports, coal
production, mine safety and uranium
milling and processing. Other agencies
establish pollution emission standards.
At least 19 agencies are involved in
regulating the electric utility industry.
Nearly all producing States have con-
servation laws that limit the spacing and
rate of production of oil and gas wells.
Some States generate hydroelectric
power and they enforce environmental
and land use laws. All of these agencies
were established at different times and
for different purposes to handle spe-
cialized problems. There is little coordi-
nation. Each entity has a narrow focus.
No one examines ■ the overall picture.
Consequently, today the Nation faces
mismanagement of energy resources, un-
acceptable environmental impacts, in-
adequate incentives for efficient utiliza-
tion and conservation, shortages of sup-
ply and soaring energy prices.
If the Congress and the President are
to rationally and effectively solve these
problems, while at the same time protect-
ing the consumer and the environment, a
high-level advisory body with the capac-
ity to collect and analyze all energy sta-
tistics, coordinate the energy activities of
the Federal Government, and prepare
long-range comprehensive plans for en-
ergy utilization is needed. It is only by
establishing such an organization that
Congress and the President can have a
clear picture in the Nation's overall en-
ergy policy and can coordinate the more
than 60 Federal agencies now formulat-
ing energy policy in conflicting and some-
times ^rfenseless ways. It is time that tax
policy, import controls, competitive in-
centives, regulatory activities, and new
policy initiatives are coordinated to serve
the public interest.
To achieve these goals will require a
restructuring of energy regulation and
policies. On this proposition, there is uni-
versal agreem.ent. Administration of-
ficials have called for sweeping changes.
Many committees of the Senate and the
House have held hearings on various as-
pects of the energy problem. Countless
studies are underway to examine the
problem. But we have studied and we
have talked enough; it is now time for
action.
A Council on Energy Policy, as an in-
dependent, prestigious agency, can pro-
vide sophisticated analysis of policy al-
ternatives so that the Nation can maxi-
mize the achievement of new goals. I
propose a three man council which would
formulate recommendations for national
energy policy. It would be responsive to
both the President and the Congress. Its
members would be appointed by the
President with the advice and consent
of the Senate to serve for 5-year terms.
The Council would supervise the collec-
tion and analysis of energy data, coordi-
nate the energy activities of the Federal
agencies and monitor the energy resource
statements that would be required under
this act. The Council would not assume
the duties of existing agencies but would
be a policy adviser such as the Council of
Economic Advisers or the Council on En-
vironmental Quality. But once the policy
ciioices have been made by the President
or the Congress, the Council would for-
mulate guidelines under which existing
agencies would be better able to carry out
their assigned tasks.
The Council would also publish an an-
nual energy report. This report would
include statistical data, energy supply
and demand trends, recommended legis-
lation and a long-range comprehensive
plan, annually updated designed to foster
mechanisms for improvement in the ef-
ficiency of energy production and utiliza-
tion, reduction of its adverse environ-
mental impact. rSr^ervation of energy
resources and develcfament of technolog-
ical capabilities to produce alternative
clean energy sources.
This bill is a refinement of legislation
I introduced last year, and it incorporates
many ideas on energy policy suggested
by witnesses at initial hearings, which I
chaired and which were held jointly by
the Commerce and Interior and Insular
Affairs Committees. The proposal that I
introduce today is the first of a compre-
hensive series of legislative programs on
energy. It is now time for action in this
area, before the Nation finds itself in a
deepening crisis. I urge both Houses of
Congress to act promptly to create a
Coimcil on Energy Policy.
Mr. President. I ask unanimous con-
sent that the bill be printed in the Record
at this point.
There being no ob.jection. the bill was
ordered to be printed in the Record, as
follows:
s. 70
Be it enacted by the Senate and House
of Representatives of the United States of ^^^
America in Congress assembled. That this \~^
Act may be cited as the "Energy Policy Act of \
1973".
statement or pindujcs
Section 1. The Congress hereby finds that —
(a) there are many Federal agencies, ere-
542
CONGRl.SSIONAL RECORD — SEN ATE
January 4, 1973
a ted at different times and for different pur-
foses to handle specialized problems, all di-
rectly or Indirectly involved In the establlsh-
I lent of energy policy;
(b) there Is no comprehensive national
e nergy policy but Instead •«. consists of a
riyrlad of laws, regulations, and inactions re-
siltmg In narrow, short range and often con-
f ictlng decisionmaking by Individual agen-
cles without adequate consideration of Its
Impact on the overall energy policy, nor
I u-.ure national energy needs;
Ifli consequently the Nation faces mls-
iiaiiaeement of energy resources, unaccept-
! bly hii^h adverse environmental Impacts. In-
= de«luate incentives for efficient utilization
iiid'conser/atlon of energy resources, short-
1 gef ■ of supply and soaring energy prices.
DECl^RATION OF PURPOSE
Sec 2. Congress declares that —
I a I It is the purpose of this Act to protect
I, ad promote the interest of the people of
1 he i':.ited States as energy users by estab-
1 ishJr.g a Council on Energy Policy.
A It is the purpose of the Council on
:netgv Policy to —
1 1) establish a central point for the collec-
lon, analysis and interpretation of energy
tatistics and data necessary to formi^laie
(olldies for wise energy management and
( onservatlon and anticipate social, envlron-
nental and economic problems associated
vith existing and emerging energy technolo-
' i2j coordinate all energy activities of the
^edea-al Government, and provide leadership
,o State and local governments and other
jersgns in energy activities; and
( 3,* prepare. In consultation with other .n-
ereiled organization and bodies, a long-
angi« comprehensive plan tor energy utlliza-
ion ito fLSter improvement in the efficiency
vf erter^jy production and utilization, reduc-
von of^its adverse environmental impacts,
■onservatloii of energy resources for future
fenerations, reduction of excessive energy
lemands. and development of technological
r.ipabiUties to produce alternative clean
(c? Congress authorizes and directs that,
rlt> luUest extent possible —
(ir the policies, regulations, and public
aws 'of the United States shall be uuer-
areteJ and administered In accordance with
he policies set forth In this Act; ar>d
( 2 |i all agencies of the Fedjral Gov>fr:-.mrnt
(A) utilize a systematic, InterdSsclp'mary
\pprdac:i which will Insure the Integrated
use df both phvsical and s:cl.al sciences In
prodycing. conservi.ig. and utilizing the Na-
;on"3 energv res.ources;
(B» submit to the Council on Energy
Policy established by this Act lor conment
ill legislative recommenrlations and reports.
to the extent that sv-ch recommendations
and reports deal *vith or have a bearing on
enerey matters:
(Ci eather data and infor!liatlon; develop
inalvtlcal techniques for use in the manage-
ment, conser/ation. use and development of
energy resoi'rces and mak»s .such data avai;-
ible to the Council on Energy Policy for
ncl'isJon in the annual energy report re-
quired) bv this Act:
(Di recognize the worldwide and long-
range character of energy concerns and,
whert? consistent with the foreign policy of
he U::ltcd States, lend aporopriate srppcrt
.0 inimatlves, resnl-itions. and programs de-
signed to foster International cooperation in
anticipating and solving energy-related
problems:
(El include in every recommendation or
report to Congress on proposals for legisla-
tion aiid other major Federal actions having
a sign^cant affect on energy availability or
use a ^etall^d statement by the responsible
official, 'on whether such a proposal or ac-
tion li. consistent with the long-range plan
formui&ted by the Council on Energy Policy
pursuant to this Act. II such proposal or
action Is not consistent with such plan, the
statement shall also contain a detailed Justi-
fication for the proposal or action:
(F) Include, at the direction and pursuant
to guidelines promulgated by the Council on
Energy Policy, an energy resource statement
by the responsible official, as well as any other
Federal agency designated by the Council, on
the affect of the proposed activity on the
Nation's overall energy posture.
ESTABLISHMENT OF A COUNCIL
Sec. 3.(a) There shall be created in the Ex-
ecutive Office of the President a Council on
Energy Policy (hereinafter referred to as the
"Council"). The Council shall be composed
of three members who shall be appointed by
the President by and with the advice and
consent of the Senate. The members of the
Council shall serve for five-year terms except
that of the three such members first ap-
pointed one shall be appointed for a tA-o-
year term and one for a four-year term, as
designated by the President at tl-e t-me of
appointment. The President shall de i^ late
one of the members cf the Council to serve
as Chairman. Each member shall be a person
who as a result of this training, experience,
and attainment. Is well qualified to a.:alyze
and Interpret energy trends and Information
of all kinds; to appraise programs and ac-
tivities of the Federal Government in the
light of energy needs of the Nation; to be
conscious of and resp>onslve to the environ-
mental, social, cultural, economic, scientific,
and esthetic needs and interests of the Na-
tion; and to formulate a national e ergy
plan and recommend national policies with
respect to wise energy manageme:it. No more
than two members of the Council shall be
appointed from the same political party.
DUTIES
Sec. 4. (a) To carry out the purposes
stated In section 2 of this Act the Council
shall serve as the principal adviser to the
President and the Congress on energy policy
exercising leadership In formulating Gov-
ernment policy concerning domestic and In-
ternational energy Issues.
(b) The Council shall make recommen-
dations to the President and the Congress
for resolving conflicting energy policies of
Federal agencies.
(ci The Council shall develop within
elgliieen months from the date of enact-
ment of this Act and annually update a
long-range comprehensive plan for energy
utilization in the United States to carry out
tiie purposes as .stated In section 2 of this
.\ct which shall provide guidance to Federal.
State, and local agencies and nongovern-
mental entitles concerned with energy In
tlie United States.
(d) The Council shall promptly review
all legislative recommendations and reports
to Congress and their accompanying energy^
resource statements of Federal agencies, to
the extent that such recommendations and
reports have a bearing on energy matters.
Tlie Council. If It disapproves such an agen-
cy report or recommendation shall state In
writing to Congress and the Involved Fed-
eral agency its reasons therefor.
(e) The Council shall k»ep Congress fully
and ci'^rrently Informed of all of its activities
and neither the Council nor Its employees
may refuse to testify before or submit In-
formation to either House of Congress or
any duly authorized committee thereof.
(f) The Council may hold public hearings
when there Is substantial public interest in
matters before it.
(g) The Council, within six months after
enactment of this Act after public notice
and opportunity for comment, shall promul-
gate guidelines for the preparation of energy
resource statements by other Federal agen-
cies. Such guidelines shall be Implemented by
all Federal agencies within six months after
promulgation by the Council. Such guide-
lines are to be designed to avoid duplication
and nonregulatory activities, contain criteria
for determining when an activity Is a major
Federal activity, and specify the content and
nature of the analysis to be required in the
energy resource statements.
(h) In carrying out its collection, analysts,
and Interpretation of energy statistics func-
tion, the Council shall as quickly as possible,
after appropriate study, promulgate guide-
lines after notice and opportunity for com-
ment for the collection and Initial analysis
of energy data by other Federal agencies to
make such data compatible, useful, and com-
prehensive. Where relevant data Is not now
available cr reli.\ble and beyond the author-
ity of other agencies to collect, then the
Ci'uncll shall recommend to the Congress
the eilactment of appropriate legislation.
Pen-ilng congressional consideration the
Council may gather such data directly. The
Council shall have the power to require by
sie -l-il or general orders any person to sub-
mit in writing such energy data as the Coun-
cil m y prescribe; and such submission shall
V-e made within such reasonable period and
under o th or otherwise as the Council may
df^'ermine.
ADMIMSin^TIVE TROVISIONS
Sec 5 (a) In exercising Its powers, func-
tirns, and duties under this Act the Coun-
cil shall—
( 1 ) consult with reprerentatlves of science,
industry, agriculture, labor, conservation or-
(i;^nlzations. State and local governments and
other grotips. as It deems advisable; and
(2) employ a competent. Independent -taff
which shall utlllTie. to the fullest extent
possible, the services, facilities, and Informa-
tlon (Including statistical Information) of
public and private agencies and organiza-
tions, and individuals, to avoid duplication
of effort and expense thus assuring that the
Council's activities will not unnecessarily
overlap or conflict with similar activities
authorized by law and performed by other
agencies, (b) Members of the Council shall
serve full time and the Chairman of the
Council shall be compensated at the rate
provided for level II of the Executive Sched-
ule Pay Rates (5 U.S.C. 5313). The other
members of the Council shall be compensated
at the rate provided for level IV of the Execu-
tive Schedule Pay Rates (5 U.S.C. 5315).
(c) The Council may employ such officers
and employees as may be necessary to carry
out Its functions under this Act. In addition,
the Council may employ and fix the com-
pensation of such experts, consultants or
contractors to conduct detailed studies as
may be necessary for the carrying out of Its
functions under this Act In accordance with
section 3109 of title 5. United States Code
(but without regard to the last sentence
thereof).
ENERGY REPORT
Sec. 6. The President shall cause to be
prepared and submitted to the Congress on
or before July 1, 1973. and annually there-
after, an energy report. This report shall
Include —
(a) an estimate of national energy needs
for the ensuing ten-year period to meet the
requirements of the general welfare of the
people of the United States and the com-
mercial and Industrial life of the Nation;
(b) an estimate of the domestic and foreign
energy supply on which the United States
vvTu be expected to rely to meet such needs
In an economical manner with due regard for
the protection of the environment, the con-
servation of natural resources and imple-
mentation of foreign policy objectives;
(c) current and foreseeable trends in the
price, quality, management and utilization
of energy resources and the affects of those
trends on the social, environmental, eco-
nomic, and other requirements of the Nation;
M) a catalog of research and development
efforts funded by the Federal Government
January k, 1973
CONGRESSIONAL RECORD — SENATE
243
to develop new technologies, to forestall
energy shortages, to reduce waste, to foster
recycling and to encourage conservation prac-
tices; and recommeirdatlons for developing
technology capable of improving the quality
of the environment, increasing efficiency and
protecting employee health and safety In
energy industries;
(ei recommendations for Improving the
energy data and information available to the
Federal agencies by Improving monitoring
systems, standardizing data, and securing
additional needed Information;
it I a. review and appraisal of the adequacy
and approprmteness of technologies, proce-
dures, and practices (Including competitive
and regulatory practices), employed by Fed-
eral, State, and local governments and non-
governmental entitles to achieve the fore-
going objectives; and
igl recommendations for the level of fund-
ing for the development and application of
new technologies, as well as procedures, and
practices which he may determine to be re-
quired to achieve such objectives and Im-
prove energy management and conservation
together with recommendations for legisla-
tion.
PUBLIC ACCESS TO INFORMATION
Sec 7. (a) Copies of any communications,
documents, reports or information received
or sent by any member of the Council shall
be made available to the public upon identi-
fiable request, and at reasonable cost, unless
such Information may not be publicly re-
leased under the terms of subsection (b) of
this section.
(b) The Council or any officer or employee
of the CounciNshall not disclose Information
obtained by him under this Act which con-
cerns or relates to a trade secret referred to
In section 1905 of title 18, United States
Code, except that such information may be
disclosed —
( 1 ) to other Federal Government depart-
ments, agencies, and officials for official use
upon request;
(2) to committees of Congress having Jur-
isdiction over the subject matter to which
the information relates;
(3) in any Judicial proceeding under a
court order formulated to preserve the con-
fidentiality of such Information without Im-
pairing the proceedings; and
(4 1 to the public In order to protect their
health and safety after notice, and oppor-
tunity for comment In writing or for dis-
cussion in closed session within fifteen days
by the party to which the information per-
tains (if the delay resulting from such
notice and opportunity for comment would
not be detrimental to the public, health and
safety).
In no event shall the names or other means
of Identification of Injured persons be made
public without their expressed written con-
sent. Nothing contained In this section shall
be deemed to require the release of any In-
formation described by subsection (b) of
section 552, title 5, United States Code, or
which Is otherwise protected by law from
disclosure to the public.
AUTHORIZATION
Sec. 8. (a) There are authorized to be ap-
propriated to carry out the provisions of
this Act not to exceed $1,000,000 for fiscal
year 1973. $2,000,000 for fiscal year 1974, and
$4,000,000 for each fiscal year thereafter.
(b) All sums appropriated under this Act
shall remain available for obligation or ex-
pendlttire In the fiscal year for which ap-
propriated and in the fiscal year next fol-
lowing.
By Mr. GRIFFIN:
S. 75. A bill to amend the Welfare and
Pension Plans Disclosure Act, to establish
minimum vesting standards, and to es-
tablish a pension insurance program. Re-
ferred jointly to the Committee on Fi-
nance and the Committee on Labor and
Public Welfare by unanimous consent.
INTRODUCTION AND ORDER FOR JOINT REFERRAL
OP A BILL TO AMEND THE WELFARE PENSION
PLAN DISCLOSURE ACT
Mr. GRIFFIN. Mr. President, I send to
the desk a bill to amend the Welfare-
Pension Plan Disclosure Act to establish
minimum vesting standards and to estab-
lish ^Spension insurance program, and
ask that the bill be jointly referred to
the Committee on Finance and to the
Committee on Labor and Public Welfare.
Mr. ROBERT C. BYRD. Mr President,
reserving tlie right to object. I see no rea-
son why either of the chairmen of the
two committees named would have any
objection, but may I ask the distin-
guished assistant Republican leader
whether or not he would be willing to
condition his request on the later retrac-
tion of it. in the event either of those
distinguished chairmen objected?
Mr. GRIFFIN. Let me say that I shall
be very glad to. This legislation is so
drawn that it does affect the Treasury
Department, and so the Committee on
Finance has an interest in it. but gener-
ally the matter of pension reform is being
considered by the Committee on Labor
and Public Welfare. Both committees
would be interested, and I am confident
that neither chairman v.ould object, but
in the event either does, I v.ould be \cry
glad to make such an agreement.
Mr. ROBERT C. BYRD. Mr. President.
I do not think either the Senator from
Louisiana iMr. Long> or the Senator
from New Jersey iMr. Williams i would
object, but with that understanding. I
have no objection.
PENSION REFORM LEGISLATION
Mr. GRIFFIN. Mr. President, today I
am introducing a comprehensive pension
reform bill. This bill is similar to legis-
lation which I introduced in the last
Congress.
One of the great disappointments of
the 92d Congress- was the failure to pass
legislation protecting the pensions of
American workers. However, the distin-
guished majority leader, Mr. Mansfield,
sounded an encouraging note toward the
close of the last session by indicating that
pension legislation would receive high
priority in this Congress.
At stake are the pensions of some 30
million working men and women. While
pension assets total over $150 billion na-
tionwide and are increasing at the rate
of over SIO billion annually, too many
employees do not actually reap the bene-
fits set forth in the plans under which
they are covered. For instance, it is esti-
mated that over 20 percent of all pension
plan members have no opportunity to
obtain vested pension right prior to re-
tirement.
On the other hand, the Treasm-y De-
partment has estimated that an addi-
tional 3*/2 million American workers, in-
cluding nearly a million over age 50,
would have immediate vested pension
rights if a 10-year vesting standard were
in effect today. However, such a 10-vear
standard applies now to only 20 to 30
percent of all workers covered by pen-
sion plans. Even this standard, which Is
considered quite liberal as far as private
industry is concerned, is twice as re-
strictive as the Federal civil service re-
tirement program.
Another major problem is whether the
pension promise will in fact be fulfilled.
Having a vested right is of little vaiue if
ther is no money to back it up. A 196.5
Labor Department study found that
about 500 pension plans affecting more
than 25,000 workers terminate each year.
Although not all these workers lose
their pension benefits, many thousand.!
have been injured in instances su.'h as
the closing of the Packard automobile
plant in Detroit in 1956 and the otude-
baker shutdown in 1964. In a recent ar-
ticle in Trial magazine the director of the
Social Security Department for the
United Automobile Workers, Mr. Melv;n
Glasser, noted that the number of UAW
pension plans which were terminated
was twice as high as the average numoer
of terminations during the preceding
10-year period. This number doubled
again in 1971.
It h?s been :-ointed out that the plant
termination study conducted by the La-
bor Department in its 1965 study affected
only about one-tenth of 1 percent of all
the workers covered by pension plans.
But which is more important, statistics
or human lives? Moreover, the cost of
protecting these workers is minimal In
terms of the total pension costs incurred
by industry every year. Under my bill
and most other pension proposals the an-
nual premium cost would be only about
one-tenth of 1 percent of annual pension
contributions by employers. That is
hardly an excessive cost to insure that
workers get what they bargained for.
.Mr. President, the bill that I am intro-
ducing includes vesting and insurance
safeguards as well as better disclosure
requirements for protection against mis-
management of pension funds.
The significant features that distin-
guish this bill from other similar pro-
posals include —
First. 100 percent vesting after 10 years
of service including vesting of benefits
before and after enactment of the bill;
Second, insurance protection for loss
of benefits earned before or after enact-
ment:
Third, creation of a Federal Pension
Insurance Corporation;
Fourth, coverage of all plans with 15
or more employees; and
Fifth, a 1-year effective date for the
vesting and insui'ance provisions.
An important new provision in this bill
is the amendment to the bankruptcy laws
giving pension benefits that are immedi-
ately payable to beneficiaries priority
treatment along with wages in the event
of bankruptcy. This proposal is a recog-
nition of the fact that pension benefits
are in fact deferred wages and should be
treated as such. In addition, a change in
bankruptcy laws would provide addi-
tional security to the Federal Insurance
Fimd by discouraging undcrfunding of
pension liabilities. The bill also contains
another sound funding incentive by mak-
ing an employer liable to reimburse the
Federal Insurance Corporation for any
pension losses resulting from voluntary
plan terminations such as a merger or
acquisition.
Finally, my bill would require workers
244
to be notified of their pension rights in
c ear a|id understandable terms. Mem-
fa ;rs of pension plans would have the
r ght to sue in Federal court to enforce
t lese rights and to collect any pension
benefit*! due them. Additional protection
\^ ould also be provided by requiring pen-
s on plan administrators to adhere to
c !rtain standards in managing pension
fimds.
Mr. President, the need for pension re-
f ( )rm has been discussed for years. Judg-
ing solely by the nimiber of individual
c )mplaints that have come to my atten-
t on. the time for discussion is over and
t le time for action is now.
t(
Q
f
y
CONGRESSIONAL RECORD — SENATE
January 4, 1973
By Mr. ROLLINGS 'for himself,
Mr. Magnuson. Mr. Kennedy,
Mr. Stevens, and Mr. Roth) :
S 80. A bill to amend the Ports and
V Waterways Safety Act of 1972 to provide
or authority to be placed in the Na-
.onal Oceanic and Atmospheric Admin-
istration for the certification of the en-
v ronmfhtal soundness of the site selec-
t: on, cojistruction. and operation of off-
s lore artificial structures for port and
ti rminad, povverplant, airport, and other
Ich facihties to be located in the coastal
rs. Referred to the Committee on
dommerce.
lORTS A^ WATERWAYS SAFETT ACT OF 1972
Mr. IJOLLINGS. Mr. President, in the
list Congress we ended a half-decade
bittle to provide this Nation with ra-
tional and coordinated planning along
lir populated and growth pressured
)astal .margins. The National Coastal
jne Mjinagement Act is now law. It will
rovide a much-needed tool for States to
)pe with the pressures of population
i/owth and industrial expansion. These
iiHie pi-essures have now resulted in
ejually ; significant and important na-
onal problems m our coastal areas. I am
. iferring to numerous plans to develop
u:itouched portions of the offshore ma-
ne environment to accommodate such
rejects as nuclear powerplants, deep
ater ports and terminals, airports, and
research facilities, among others.
We i«fe told that the most urgently
needed ^)rojects are those which are tied
this .Nation's buifc,eoning energy re-
iremdnts: Deep water port facilities
r the oKoading of crude oil from huge
pertahkers and manmade islands to
se vast nuclear electric generating
ciUties.
During 1972. the results were unveiled
two major agency studies about deep-
wjater ports, one by the Army Corps of
meers and the other by~tfte Depart-
nient of Commerce's Maritime Adminis-
ion. Both strongly support the view
f such facilities must be constructed
4metiitie within the near future if we
e to s^iti.sfy our Nation's ravenous ap-
:Dfetite for energy. The present levels of
.3. crude oil imports of about 42 million
ns per year are expected to increase to
million tons by 1980, a sevenfold in-
^se in less than 10 years. It is cheaper
transpoit oil in great volume. So the
ipping industry will utilize the 250,000
350.000 and larger, deadweight ton
of tanker a? the workhorse of its
._ to carry these increased volumes of
0 1. A review of U.S. port capability indi-
f(ir
h3U=
01
L
til
3)0
c -ease
to
S 1
t<i
c ass
flsets
cates that with few exceptions, the maxi-
mum size ship that can enter most U.S.
ports fully loaded is 65,000 deadweight
tons. So goes the aigument used to justify
the need for deepwater ports. Some
sources have even predicted construc-
tion of a terminal offshore by as early as
1975.
Additionally, there are similar predic-
tions of ever-increasing growth in the
oceanborne transportation of refined
petroleum products, liquid natural gas,
coal, and iron ore.
This attempt to find less-crowded loca-
tions in deep water offshore is being fol-
lowed by the nuclear power industry. Re-
cently. Public Service Electric & Gas Co.
of New Jersey signed a contract with Ofl-
.-ihore Power Systems to purchase twin,
barge-mounted 1.15 million killowatt nu-
clear powerplants. These tw.o plants are
tc be floated withm an artificial break-
water. 3 miles off the New Jersey
coa.st near Atlantic City. I understand
that several other utilities in populous
regions are also seriously considering the
off. shore alternative.
Airport siting is still another sphere of
activity which has its eyes seaward. And,
I am told, .he State of Hawaii has visions
of a floating city nestled among its is-
lands to house its inhabitants and vis-
itors. The list of other possible enter-
prises in the coastal waters is conceivOTly
as long as the imagination.
Mr. President. I am deeply concerned
about the rather superficial treatment
given to environmental consideration in
the several studies I have seen on this
subject. In some reports I have even en-
coimtered suggestions to roll back legiti-
mate environment-protecting measures
so as to speed up solutions to the so-
called energy crisis. Because of my deep
personal concern about these events. I
am introducing legislation today to make
environmental considerations coequal
with economic and technical factors in
the planning, construction, and opera-
tion of these offshore structures. If there
is anything to be learned from the past,
!<■ is that an early, indepth consideration
of environmental matters saves time and
money and serves to protect the ecology
affected by a given project before serious
damage is done. The bill I am submitting
will require an environmental certifica-
tion from the National Oceanic and
Atmospheric Administration — NOAA —
prior to the construction or operation of
large-scale offshore facilities. NOAA. as
the Federal Government's leading ma-
rine environment agency, will be empow-
ered to evaluate fully the ecological im-
plications of a deepwater port facility
or a powerplant. Whether the facility
will cause erosion of shorelines or dis-
place or possibly encourage fisheries ac-
tivities are two types of questions which
NOAA will have to examine. I believe this
mechanism is desperately needed to han-
dle the multitude of environmental ques-
tions which will be raised by these un-
precedented uses of the marine environ-
ment.
I do not suggest that this bill contains
the ultimate solution, either to the prob-
lems of offshore facilities, or to the much
larger energy predicament. However, I do
believe that this bill will constitute an
integral part of the solution, at least as
to preserving the vital marine environ-
ment in the attempts to meet our energy
needs. We are now being confronted with
a series of difficult choices in land use
and energy policy. Let us not ignore the
lessons of the pa.st in making those
choices.
Mr. President, I ask unanimous con-
sent that this bill te printed in its en-
tirety in the Record immediately follow-
ing the remarks of Senator Magnuson
and myself.
Mr. MAGNUSON. Mr. President, in
the recent sessions of Congress, the de-
velopment of a legislative scheme to
prevent and mitigate the effects of ves-
sel-caused oil polluting incidents has been
a priority issue. We in the 93d Congress
are again committed to making lurther
inroads on this complex and often dif-
ficult aspect of our maritime commerce.
Now a new dimension is being added to
the picture, a dimension attributable to
our rapidly escalating need for energy
imports: Deep water transfer terminals
for handling of crude oil from tankers
of a "super" size. In the past. I have
voiced my concern about the utilization
of deep water port facilities in light of
the need to meet this Nation's eneigy re-
quirements. Now they appear to be but
a few years from reality.
At the same time. I have been deeply
concerned about the use of tankers and
supertankers, recognizing the potential
threat that can result from either a tank-
er collision or grounding, or from normal
transfer operations. An oil spill resulting
from either type of accident, especially
when you consider the size of the pro-
posed supertankers, might well be dis-
asterous in the coastal zone.
Puget Sound in my own State is one
of the locations being considered for a
superport site due to its unusually deep
waters which can easily accommodate
deep draft supertankers close to shore.
The present rate of oil movement on the
soimd is approximately 12 million gal-
lons a day. With the advent of Alaska
oil the total would jump to about 120
million gallons per day. The > oil will
probably be carried in vessels oi about
120,000 dead-weight tons, the same size
as tiie now inlHinous Torrey Canyon. A
University ot Washington study has es-
timated that there will be three colli-
sions in Puget Sound in the next 10 years
involvirfg these new supertankers. This
prediction does not include groundings
which are a more serious source of oil
pollution. So the dangers are quite real.
Because of my deep concern about this
problem, today. I am cosponsoring with
Senator Hollings a bill to insure com-
plete consideration of environment fac-
tors associated with these terminals and
other offshore facilities. The incalculable
value of oiu" coastal resources neces-
sitates carefiil planning for such mam-
moth undertakings and I believe this
legislation will assist the final resolu-
tion of the issue.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
s. 80
Be it enacted by the Senate and House
of Representatives of the United States of
January ^, 1973
CONGRESSIONAL RECORD — SENATE
245
America in Congress assembled. That the
Ports and Waterways Safely Act of 1972 (86
Stat. 424) Is amended by adding at the end
thereof the following new title:
"TITLE III— SmNQ, CONSTRUCTION, AND
OPERATION OF ARTIFICIAL STRUC-
TURES IN THE OFFSHORE MARINE
ENVIRONMENT
"SHOET TrrLE
"Sec. 301. This title may be cited as the
'OSfshore Marine Environment Protection
Act of 1973'.
"FINDINGS AND PURPOSES
"Sec. 302. (a) The Congress finds —
"(1) that the construction and operation
of largescale offshore artificial structures,
both -fixed and floating, designed to be used
as ports and terminals, powerplants, air-
ports, research platforms, and other uses,
are presently planned;
"(2) that there Is a nationwide need to
oversee the planning, construction, and
operation of such facilities to prevent
damage to coastal navigable waters, the
coastal zone and the resources therein, In-
cluding, but not limited to. fish, shellfish,
and wildlife, marine and coastal resources
and recreational and scenic values, which
waters and resources are hereafter In this
Act referred to as the "marine environment';
and
■•(3) that the planned development of
such facilities Involves and affects Inter-
state and foreign commerce, fisheries and
wildlife, and navigation and will affect
United States citizens and the marine en-
vironment over a broad geographical area.
"lb I The purpose of this Act is to provide
for the fullest protection of the marine en-
vironment possible to prevent adverse Im-
pact which may result from the construction
and operation of such facilities by author-
Izmg and directing the Secretary of the De-
partment In which the National Oceanic and
Atmospheric Administration is of>erating to
Issue a certification that in respect of any
artificial structure all possible precautions
have been taken to protect the marine en-
vironment, or to deny such certification If
the facility is adjudged by the Secretary to
pose an unreasonable threat to the Integrity
of the marine environment.
"DEFINITIONS
"Sec. 303. For the purposes of the Act'
the term —
"(a) "Secretary" means the Secretary of
the Department in which the National
Oceanic and Atmospheric Administration is
operating.
"(b) "Artificial structure' means any man-
made structure, either fixed or floating, lo-
cated In navigable waters of the United
States more than five hundred feet to the
seaward of the mean low water mark or lo-
cated beyond the territorial sea of the United
States but still adjudged to be within the
Jurisdiction of the United States, and which
Is intended for use as port and terminal,
powerplant. alrpwrt. research, or any other
facility or facilities: Provided. That It dees
not mean structures constructed and used
solely for the purpose of exploring for, de-
veloping, or removing the resources of the
submerged lands beneath the navigable
waters of the United States or of the Outer
Continental Shelf.
"(c) 'Person' means any private persons,
individual. as.sociatlon. corporation, or en-
tity, or any officer, employee, agent, depart-
ment, agency, or instrumentality of the Fed-
eral Government, of any State or local unit
of government.
"<d) "Applicant' means any person apply-
ing for a certification under the terms of this
Act.
"CERTIFICATION
"Sec 304. (a) No person shall construct or
operate an artificial structure as defined In
this Act until the Secretary shall have cer-
tified that the artificial structure does not
pose an unreasonable threat to the Integrity
of the marine environment In which It Is
to be located, and that all possible precau-
tions have been taken to minimize adverse
Impact on the marine environment. Certi-
fication :,hall relate to site selection, method.
and type of construction, and operation of
such artificial structure,
"(b) The Secretary may give certification
£ifter notice and public hearing In accord-
ance with the Administrative Procedure Act,
title 5. United States Code, relating to ad-
judicatory proceedings, to any such artificial
structure upon a showing by the applicant
that the location, construction, and opera-
tion of the proposed artificial structure does
not pose an unreasonable threat to the in-
tegrity of the marine environment, and that
all possible precautions have been taken to
minimize anticipated adverse impact on the
marine environment. Such hearing may be
combined with any other required hearing
and the Secretary shall coordinate with the
appropriate agencies. The applicant shall
submit reasonably detailed plans of the arti-
ficial structure at least two years prior to
the expected date of the beginning of con-
struction : Provided. That as to those artificial
structures which are not In the con.struc-
tlon phase on the effective date of this Act
but nonetheless will reach the construction
phase at any time within two years of the
effective date, the applicant shall submit
plans to the Secretary as soon as possible
after this Act goes Into effect. The Secre-
tary shall establish a reasonable fee to be paid
by the applicant sufficient to cover the ad-
ministrative cosf^xpcurred In evaluating an
application for certification.
"(c) The Secretary shall establish and ap-
ply criteria for reviewing and evaluating
such artificial structures, and In establish-
ing or revising such criteria, shall consider,
but Is not limited In his consideration to,
the following :
"(1) The need for siting such artificial
structure on human health and welfare, in-
cluding esthetic and recreational values.
"(3) The effect of such artificial struc-
ture on fish, plankton, shellfish, and wild-
life resources.
"(4) The effect of such artificial structure
on the oceanographlc currents or wave pat-
terns and upon nearby shorelines and
beaches.
'"(5) The effect on alternate uses of the
ocer.ns and navigable waters, such as scien-
tific st-.idy. fishing, and other living and non-
living resources exploitation.
"(6) The dangers to such .irtlficlal struc-
ture occasioned by waves, winds, and weather
and the steps which can be taken to protect
against such dangers.
■"(7) The effect of such artificial structure
on navigation.
"(8) Such other consideration which the
Secretary deems appropriate or necessary to
fully evaluate any artificial structure.
In establishing criteria, the Secretary shall
consult with Federal, State, and local officials
and Interested members of the general public,
as may appear appropriate to the Secretary.
"(d) In reviewing applications for certi-
fication, the Secretary shall make provision
for consultation with any Federal agency
which has Jurisdiction by law or special ex-
pertise with respect to any environmental
Impact involved. Comments of a substantive
nature shall be Incorporated as part of the
certification.
"PUBLIC ACCESS TO INFORMATION
"'Sec. 305. (ai Copies of any communica-
tions, documents, reports, or information
received or sent by any applicant shall be
made available to the public upon Identifiable
request, and at reasonable cost, unless such
Information may not be publicly released
under the terms of subsection (b) of this
section.
"(b) The Secretary shall not disclose in-
formation obtained by him under this Act
which concerns or relates to a trade secret
referred to In section 1905 of title 18, United
States Code, except that such Information
may be disclosed —
"(1) to other Federal Government depart-
ments, agencies, and officials for ofliclalruse
upon request:
"(2) to committees of Congress having
jurisdiction over the subject matter to which
the Information relates:
"(3) in any Judicial proceeding under a
court order formiUated to preserve the con-
fidentiality of such information without
impairing the proceedings:
"(4) to the public in order to protect their
health and safety after notice and opportu-
nity for comment In writing or for discus-
sion in closed session within fifteen days
by the party to which the Information per-
tains (If the delay resulting from such
notice and opportunity for comment would
not be detrimental to the public health and
safety ) .
Nothing contained In this section shall be
deemed to require the release of any Informa-
tion described by subsection (b( of section
552, title 5, United States Code, or which Is
otherwise protected by law from disclosure
to the public. j I
"NAVIGATIONAL EFFECTS |l
"Sec. 306. (a) In evaluating the effect of
any proposed artificial structure on naviga-
tion, the Secretary shall consult with and
obtain the yiews of the Secretary of the
Department In which the Coast Guard is
operating.
"(b) The Secretary of the Department In
which the Coast Guard is operating shall
have authority to promulgate and enforce
such reasonable regulations with respect to
lights and other warning devices, safety
equipment, and other matters relating to
the promotion of safety of life and property
on artlfllclal structures referred to in sec-
tion 303(b) or on the waters adjacent there-
to, as he may deem necessary.
"(c) The Secretary of the Department In
which the Coast GusTd—ls. operating may
mark for the protection of navigation any
such artificial structure whenever the owner
has failed suitably to mark the same In ac-
cordance with regulations Issued hereunder,
and the owner shall pay the cost thereof. Any
person who shall fall or refuse to obey any
of the lawful rules and regulations Issued
hereunder shall be guilty of a misdemeanor
and shall be fined not mere than $50)>-for
each offense. Each day during which such
violation shall continue shall be considered
a new off°nse.
"■relationship to other laws
■"Sec 307. (a) No action talcen pursuant
to this Act shall relieve, exempt, or Im-
munize any person from a ly other require-
ments Imposed by Federal, State, or l..cal
laws, regulations, or ordinances, including,
but not limited to. the National Environ-
mental Policy Act.
'"(bl Nothlnf; contained In this Act sup-
plants or modifies any treaty or Federal
statute or authority granted thereunder, nor
does It prevent a State or political subdivi-
sion thereof from prescribing for artificial
structures within Its Jurisdiction higher
safety or environmental standards.
"penalty
"Sec. 308. Whoever begins to construct,
constructs, or operates ap artificial struc-
ture after the effective date of this Act with
out a prior certification by the Secretary
shall be fined not less than $50,000 or more
than $200,000.
"INJUNCTIVE RELnEF
"Sbc. 309. (a) The Secretary shall initiate
Injunctive proceedings to halt the construc-
tion or operation of any artificial structure
begun after the effective date of this Act
without prior certification.
216
■(b) The Injunctive relief provided by this
sfifctlon snail not restrict any right which
ai y persons ( or class of persons ) may have
U] ider any statute or common law to seek
er forcemant of or compliance with any
stindard pr limitation or to seek any other
relief (Including relief against the Secre-
tefy). ■
"APPilOPHIATION
"Sec. 310. There is authorized to be ap-
pilated $1,000,000 for the fiscal year 1974
ar d each fiscal year 1975 and 1976, for ad-
nn [nlstratlon of this Act."
\
e::
ii
V
tie
6 )mi
CONGRESSIONAL RECORD — SENATE
January ^, 1973
H^ Mr. PELL • for himself and Mr.
Inouye 1 :
lOOf. A bill to provi(3e a national pro-
gtam in or(ier to make the international
nietric system the predominent. but not
clu.sive' system of measurement in the
itcd Stat.es and to provide for convert-
g to the general u-^e of such system
Ithin 10 years. Referred to the Commit-
on Commerce. ^
METRIC CONVERSI.71N ACT
Mr. PELL. Mr. President, I am intro-
djicing today a bill to make the metric
stem of weights and measures the pre-
inaftt svstem of measurement within
e United States.
MetriQ conversion is one of the more
itiportant items of imfinished business
before the Congress this session. Given
e.xpress power by the Constitution to
establish a system of weights and meas-
, the Congress has been delibei-ating
the Question of metric conversion for
n|orethan 150 years.
In hi: state of the Union message last
;ar, the President asked the Congress
establish a policy making the metric
ststem the predominant system of meas-
urement in the United States; the Sen-
responded to his request by passing
September 5, 1972, my own bill with
ahiendments supported by the adminis-
tation.; The House of Representatives
unfortunately did not act upon our bill.
Wher. Thomas Jefferson first suggested
the Congress that it might fulfill its
constitutional responsibilities for setting
andards of weight.s and measures by
giving consideration to the French metric
s rstem, metric conversion had a some-
\fhat revolutionary soimd to it.
After' all. the metric system was the
result cX an effort by the French revolu-
onaries to purge the country of any re-
ri^ciining feudal vestiges.
How strange it might seem now to
"fhomas Jefferson and to John Quincy
/ dams, who also brought the matter be-
f )re Congress, that the Congress is still
iiching along with the customary sys-
tem— the so-called imperial system —
e ven alter Great Britain, the country
t lat ggfve the imperial system its name,
qas gor-e met-ic.
Theri is little if any further debate on
the question of whether the United States
should go metric or not. The question is
\hen shall we go metric and how shall
4"e go metric.
I do not believe this Nation should wait
ainy longer before implementing a plan-
r ed conversion to the metric system of
veights and measures. We have waited
l5ng enough, and the longer we wait the
ipore costly and diflScult will be the task.
In 1967, the Congress enacted a bill
Sponsored by former Representative
u'es.
0 1
a;e
01
to
George Miller of California and myself
requiring the Department of Commerce
to undertake a broad study of advantages
and disadvantages of the United States
converting to a predomjjiantly metric
system.
This law requires the Secretary of
Commerce to do four things:
First. To determine the impact of the
increasing worldwide use of metric on the
United States;
Second. To appraise the desirability
and practicality of widening the use of
metric weights and measures in the
^United States;
Third. To study the feasibility of main-
taining customary engineering stand-
ards; and
Fourth. To evaluate tl.e costs and ben-
efits of alternative courses of action
which may be feasible to our Nation.
At the conclusion of a long and careful
stu(iy involving all sectors of society and
business, the Secretary of Commerce in
August of 1971 transmitted to the Con-
gress a report entitled: "Metric America:
A Decision Whose Time Has Come."
This study concluded that, first, an in-
creased use of the metric system in the
United States is inevitable; second, that
a carefully planned transition on a na-
tional basis would achieve maximum ef-
ficiency while minimizing economic dislo-
cation; third, that a changeover period
of 10 years to a predominantly metric
system was the most desirable; fourth,
and that a broadly representative body
should be established to plan and coordi-
nate the changeover.
Mr. President, the bill I introduced last
year and the bill that I am introducing
today is designed to fulfill those recom-
mendations of the U.S. Metric Study.
After I had introduced my own bill in
the last session and after the Senate
Committee on Commerce had begun its
hearing in February of 1972 on metric
conversion, the administration sent to the
Congress its own recommendations for
metric conversion legislation.
Although this bill had many excellent
provisions, the thrust of the bill was to
maintain the status quo. The administra-
tion's bill was essentially precatory and
would have allowed for the continued ex-
istence of our present dual system of
weights and measures.
Although it fulfilled the basic recom-
mendations of the U.S. metric study, the
administration's bill left metric conver-
sion as a matter of persuasion for a met-
ric board with American industry. There
was no regulatory authority provided and
there were no provisions for assisting
small businessmen and individuals, such
as machinists and garage mechanics,
who might suffer a shortrun economic
loss through metric conversion.
Mr. President, the bill I am Introduc-
ing today seeks to blend the best provi-
sions of the administration bill with the
best provisions of my original bill.
The bill I am introducing today in-
tor for maintaining the use of the cus-
tomary system of weights and measures.
Instead of maintaining a dual system
of weights and measures as provided In
the administration's bill, my bill would
make metric units the only legal system
of measurement imless an exemption is
provided in either the metric conversion
plan to be presented to the Con'/ress by
the Metric Conversion Board or by the
Appeals Commission established by this
act.
The predominance of the metric sys-
tem established by this bill would only
apply to metric units, and not to metric
standards.
In regard to the treatment of metric
standards, my bill is essentially the same
as the administi-ation's initial bill. That
is to say, while my bill would mandate,
with certain exceptions, that the United
States use the international system of
units which utilizes the six base units
of meters for length, kilograms for mass,
seconds for time, amperes for electric
current, kelvins for thermodynamic tem-
peratures, and candela for luminous in-
tensity, my bill would not mandate the
exclusive use of international metric
standards used in engineering and trade.
For example, the question of standards
for such diverse items as the size of screw
threads, the diameter of wire, or the
strength of metals, would be left as the
subject of international negotiation by
the United States and for careful review
by the experts of the Metric Conversion
Board established by my bill.
The bill I am proposing is essentially
like the proposal of the administration
in one other aspect I have included for
the first 2 fiscal years of the bill's
operation, the same authorizations for
the operation of the Metric Conversion
Board. For the last 3 fiscal years I have
increased the authorizations by an ad-
ditional $2 million a year to provide for
the operation of an Appeals Board.
My bill has five ba.^ic purposes: First,
the conversion to the metric system
within a period of 10 years; second, the
creation of a national Metric Conversion
Board to plan and implement metric con-
version; third, the requirement that the
conversion plan Include provisions for an
appropriate appeals process to grant ex-
emptions from the use of metric units
and standards In cases of unforeseen
hardship; fourth, the provision of finan-
cial assistance to small businesses and
individuals severely effected by metric
conversion; and fifth, the establishment
of a national Information program about
metric conversion.
The National Metric Conversion Board
would consist of nine members appointed
by the President and in addition one
member each from the House of Repre-
sentatives and the Senate. The Board
woud have the responsibility Initially to
submit within 18 months for the ap-
proval of Congress a comprhensive plan
for moving the United States to a pre-
cludes the administration's provisions for dominantly metric system of weights and
the establishment of a metric conversion measures.
board, for the development of a metric
conversion plan, and for the identifica-
tion of the terms of metric conversion.
This bill, however, would leave the
burden of persuasion on the private sec-
In the development of the plan the
Board would be required to consult with
all sectors of the American economy in-
cluding small business, science, engineer-
ing, labor, education, consumer orga-
January k, 1973
CONGRESSIONAL RECORD — SENATE
247
V
nizatlons, Government agencies at all
levels, as well as recognized standards
developing and coordinating organiza-
tions and individuals or groups as are
considered appropriate by the Board.
There are many measurements, such
as the length of a football field, which I
would expect to be specified in the initial
metric conversion plan as exemptions re-
quired by custom. However, in case there
are special hardships where metric con-
version would provide no economic bene-
fits in the long run or where needed
exemptions were overlooked by the Met-
ric Conversion Board, my bill requires
the establishment of an appeals process
to grant individual exceptions either on
a permanent basis, or on a temporary
basis, depending upon the circumstances.
This is a new provision which was not
contained in either of the two bills con-
sidered in the last Congress.
My new bill differs in one other respect
from the administration's approach. I do
not agree that the costs of metric con-
version should be allowed to fall where
they may.
I believe some incentives for industry
are required and some direct financial
assistance should be provided to small
businessmen and individuals whose eco-
nomic livelihood is threatened by metric
conversion.
To stimulate industry to metric conver-
sion and to encourage the purchase of
new American-made machinery, my bill
provides for businesses which pmxhase
new equipment for pun^oses of metric
conversion to be allowed a double rate of
depreciation for tax purposes on that
machinery.
Depending on the pace of metric con-
version, machinists and automobile re-
pairmen may have to purchase new sets
of tools. The costs of tools to these trades-
men sometime reach nearly $2,000 a per-
son. My iDill would allow the Small Busi-
ness Administration to provide grants up
to that amount to any individual whose
trade would be severely affected by metric
conversion. Tlie bill also provides for
loans to be made to small businesses
similarly hurt by metric conversion.
To better prepare the Nation's educa-
tional system for metric conversion, my
bill also provides the Oflace of Education
with authority to make grants to estab-
lish a national information program on
metric conversion.
Mr. President, the United States has
been inching toward metric conversion
long enough. It is time we took a giant
step forward that is one long meter
ahead. If we move now in a planned pro-
gram, I think we will find that that
"extra silly little millimeter." to para-
phrase a popular advertisement, will
mean significant international trade ad-
vantages, a more simplified commercial
system, a stimulated industry, and a large
savinrs for the American consumer.
I ask imanimous consent that the text
of my bill be printed in the Record at
this point.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
S. 100
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assemiled,
SHORT TrrLE
Section 1. This Act may be cited as th?
"Metric Conversion Act of 1973".
FINDINGS
Sec. 2. The Congress finds that —
(1) the United States Is the only indus-
trially developed nation which has not es-
tablished a national policy committing itself
to and facilitating conversion to the metric
system; and
(2) as a result of the study to determine
the advantages and disadvantages of In-
creased use of the metric system in the
United States authorized by Public Law 90-
472 (82 Stat. 693) , the Secretary of Commerce
has found that increased use of the metric
system in the United States is inevitable,
and has concluded that a national program
to achieve a metric changeover Is desirable;
that maximum efficiency will result and
minimum costs to effect the conversion will
be Incurred if the conversion Is carried out
pursuant to a national plan; that the
changeover period be ten years, at the end
of which the Nation would be predominantly,
although not exclusively, metric; that a cen-
tral planning and coordinating body be es-
tablished and assigned to plan and coordi-
nate the changeover in cooperation with all
sectors of our society; and that immediate
attention be given to education of the pub-
lic and to effective United States participa-
tion in international standards making;
(3) the adoption of the metric system
would result in new jobs In the United
States;
(4) the adoption of such system would
enhance our position in world trade mar-
kets;
( 5 ) the benefits of conversloA would offset
the costs of conversion;
(6) conversion to such system would be a
stimulus to the economy and to new invest-
ment In plant equipment;
(7) the language and tools of our scientific
community are already using such system:
(8) a common system of measurement
would Improve International communica-
tion;
(9) the Nation is already heading toward
such system slowly and haphazardly;
(10) such system is based on fundamental
relationships and is easUy understood and
would be an aid to our educational system:
(11) small businesses and self-employed
craftsmen would benefit from a coordinated
conversion program;
(12) new international standards are cur-
rently being developed into such system and
the United States Is not fully participating In
such development;
( 13 ) the use of the metric system of
weights and measures in the United States
was authorized by the Act of July 28, 1866
(14 Stat. 339) ;
( 14) the United States was one of the orig-
inal signatories to the Convention of the
Meter (20 Stat, 709), which established the
General Conference of Weights and Meas-
ures, the International Committee of
Weights and Measures, and the International
Bureau of Weights and Measures; and
(15) the metric measurement standards
recognized and developed by the Interna-
tional Bureau of Weights and Measures have
been adopted as the fundamental measure-
ment standards of the United States and
the customary units of weights and meas-
ures used in the United States have been
since 1893 based upon such metric measure-
ment standards.
Sec. 3(a) It is therefore declared that the
policy of the United States shall be:
( 1 ) to establish the metric system of meas-
urement as the sole language of measure-
ment in the United States within ten years
from the date of the enactment of this Act
except for exemptions granted pursuant to
the provisions of this Act;
(2) as part of the plan establishing such
system, to provide a method of appeal under
which exemptions may be granted to persons
and businesses up>on proof of excessive costs
substantially outweighing benefits to the
Nation, custom and tradition as a member
of a class outweighing such benefits, or other
factors determined as part of such plan;
(3) to facilitate and encourage the sub-
stitution of metric measurement units for
customary measurement units in education,
trade, commerce, and all other sectors of
the economy of the United States with a
view to making metric units the predomi-
nant, although not exclusive, language of
measurement with respect to transactions
occurring after ten years from the date of
the enactment of this Act:
(4) to facilitate and encourage the de-
velopment as rapidly as practicable of nev7
or revised engineering standards based on
metric measurement urklts in those speclfl';
fields or areas in the United States wher*
such standards will result In ratlonalizatloT
or simplification of relationships, Imprnvf-
ments of design or Increases In economy:
(5) to facilitate and encourage the rf-
tentlon In new metric language standarr.s
of those United States engineering designs,
practices, and conventions that are inter-
nationally accepted or embody superior
technology;
(6) to cooperate with foreign governments
and public and private International orga-
nizations which are or become concerned
with the encouragement and coordination of
Increased use of metric measurement units
or engineering standards based on such unts.
or both, with a view to gaining International
recognition for metric standards proposed
by the United States;
(7) to assist the public through Infonua-
tlon and educational programs to become
familiar with the meaning and applicability
of metric terms and measures in dally life.
Including —
(A) public Information programs con-
ducted by the Board through the use of
newspapers, magazines, radio, television,
other media, and through talks before ap-
propriate citizens groups and public orga-
nizations:
(B) counseling and consultation by the
Secretary of Health, Education, and Welfare
and the ^Director, National Science Founda-
tion with educational associations and
groups so as to assure that the metric system
of measurement Is made a part of the cur-
rlculums of the Nation's educational institu-
tions and that teachers and other appro-
priate personnel are properly trained to
teach the metric system of measurement;
(C) consultation by the Secretary of Com-
merce with the National Conference of
Weights and Measures so as to assure that
State and local weights and measures officials
are appropriately Informed of the intended
metric changeover and are thus assisted In
their efforts to bring about timely amend-
ments to weights and measures laws: and
(D) such other public information pro-
grams by any Federal agency in support of
this Act wmch relate to the mission of the
agency:
(8) to accomplish a changeover to the
greatest practical extent within ten years by
Federal agencies to the metric system of
measurement pursuant to the comprehen-
sive plan developed by the Board; and
(9) to utilize Federal procurement activi-
ties to encourage the general use of the
metric system of measurement.
(b) It Is the purpose of this Act:
(1) to provide for the formulation and
Initial effectuation of a plan for conversion
to the metric system;
(2) to establish a National Metric Con-
version Board to develop and implement a
metric conversion plan for the United States:
(3) to provide limited assistance to busi-
nesses and Individuals, substantially effected
by metric conversion. In bearing the cost of
such conversion: and
(4) To provide for the establishment oi a
^48
CONGRESSIONAL RECORD — SENATE
January U, 1973
r atlonal Information program about metric
cpnverslon.
DEf INmONS
Sec. 4. For the purpose of this Act —
(a) The term "metric system of measure-
ment" means the International System of
rnlts as established by the General Confer-
ence of Weights and Measures In 1960 and
1 iterpreted or modified for the United States
qj- the Secretary of Commerce.
(bi The term "engineering standard"
liieans a standard which prescribes a concise
s jt of conditions and requirements to be
satisfied by a material, product, process, pro-
c ?dure. convention, test method, and the
f hysfcal. functional, performance and/or
cpnformance characteristics thereof.
(c) The term "changeover period" means
the length of time for the United States to
t ecome predominantly, although not ex-
c lusively. metric.
ESTABLISHMENT OF NATIONAL METRIC
CONVERSION BO.ARD
Sec. 5 .There Is hereby established a Na-
oaal Metric Conversion Board (herein re-
fiTred to as the "Board") to implement the
policy set out In this Act.
COMPOSITION OF BOARD
Sec 6. The composition of the Board shall
' as follows:
lai Nine members shall be appointed by
t le President. w1t> the advice and consent
o^ the Senate. J^ni among those persons
w Ith e.xperienceVand competence In the fol-
Ii'wmg areas: business, labor, education, coa-
imer protection, science, and technology.
T tie President shall designate one member
a jpointed by him to serve as Chairman. The
n embers first appointed under this section
s lall continue in olfice for terms of one, two,
t iree. four, or five years, from the date this
SI ctlon takes effect, the term of each to be
d !signated by the President at the time of
smlnatioii. Their successors shall be ap-
p minted each fi/r a term of five years from
t: i#date of the expiration of the term which
h s predecessor was appointed. No more than
fi ,e of the members shall be appointed from
t|e same political party:
(b) One Member of the Senate rhall be
)polnted by the President Of the Senate;
afid
ic) One Member of the House of R'^pre-
:itatlves. who shall not be a member of the
ime political party as the Member of. the
S 'nate, shall be appointed by the Speaker
of the House of Representatives.
VACANCIES AND VICE CHAIRMAN
Sec 7 No vacancy on the Board shall im-
pkir the right of the remaining members to
eiercise all the powers of the Board. Six
n embers of the Board shall constitute a
q lorum for the transaction of business. The
Bsard shall annually elect a Vice ChaU-
n an to act In case of the absence or dls-
aitility of the Chairman or in case of the
;,cancy in the office of the Chairman.
Sec 8. (a» Within eittoteer. months after
f'inds have been appropriated to carry out
the provisions of this Act the Board shall. In
f\ rtherance ar.d In support of the policy ex-
essed In section 3 of this Act, develop and
submit to the President and the Congress a
c< imprehenslve plan to accomplish a changi-
o er to the metric system of measurement Iri
t!ie United States. Such a plan may Inclufle
n commendations for legislation deemed nec-
c: sary and appropriate Such a plan shall In-
c; ude proposed Executl'^e orders or other dl-
r« ctlves. which the President is authorized to
p omulgate and malce effective, requiring
s'. ich conversion activities of the Federal
Gavernment. Including procurement. In ac-
ccrdance with an appropriate time schedule-
a:;d pursuant to the comprehensive plan.
Ill developing this plan the Board shall —
( 1 ) consult with and take Into account the
li terests and views of the United States com-
merce and Industry, Including small busi-
ness: science: engineering; labor; education;
consumers; government agencies at the Fed-
eral, State, and local level; nationally recog-
nized standards developing and coordinating
organizations: and such other Individuals or
groups as are considered appropriate by the
Board to carry out the purposes of this sec-
tion;
(2) consult, to the extent deemed appro-
priate, with foreign governments, public In-
ternational organizations and, through ap-
propriate member organizations, private in-
ternational standards organizations. Contact
with foreign governments and Intergovern-
mental organizations shall be accomplished
In consultation with the Department of
State.
(b) Any amendment to the plan shall be
submitted by the Board to the President and
the Congress tinder the provisions set out In
subsection (a) of this section and section 9
of this Act.
IMPLEMENTATION
Sec 9. (a) The Board shall begin imple-
mentation of the plan at the end of the first
period of sixty calendar days that Congress Is
in continuous session after the date on which
the plan Is transmitted to It and to the Pres-
ident unless between the date of transmittal
and the end of the sixty-day period, either
House passes a resolution stating in sub-
stance that It does not favor the plan or the
President disapproves the plan and gives his
reasons therefor.
(b) For the purpose of subsection (a) of
this section —
(1 ) continuity of session Is broken only by
an adjournment of Congress sine die; and
(2) the days on which either House Is not
In session because of an adjournment of
more than 3 days to a day certain are ex-
cluded in the computation of the 60-day pe-
riod.
POWERS
Sec. 10. In carrying out its duties, the
Board Is authorized to:
(a) enter Into contracts In accordance
with the Federal Property and Administra-
tive Services Act of 1949. a.s amended, with
Federal or State agencies, private firms. Insti-
tutions, and Individuals for the conduct of
research or surveys, the preparation of re-
ports and other activities necessary to the
discharge of Its duties;
(b) conduct hearings at stich times and
places as It deems appropriate;
(c) establish such committees and ad-
visory panels as It deems necessary to work
with the various sectors of the American
economy and governmental agencies In the
development and Implementation of detailed
changeover plans for those sectors; and
(d» perform such other acts as may be
necessary to carry out the duties prescribed
by this Act.
COMPENSATION OP BOARD
'Sec. 11. Members of the Board who are
not in the regular full-time employ of the
United States shall, while attending meetings
or conferences of the Board or otherwise
dngaged in the business of the Board, be
entitled to receive compensation at a rate
of $100 per day. including traveltlme. and,
while so serving on the business of the
Board away from their homes or regular
places of business, they may be allowed travel
expenses, including per diem in lieu of sub-
sistence, as authorized by section 5703 of
title 5, United States Code, for persons em-
ployed intermittently in the Government
service. Payments under this section shall
not render members of the Board employees
or officials of the United States for any
purpose.
DIRECTOR AND CONSULTANTS
Sec. 12. (a) The Board is authorized to ap-
point an Executive Director who shall serve
full time and receive basic pay at a rate not
to exceed the rate provided for GS-18 in
section 5332 of title 5, United States Code,
and to appoint and fix the compensation of
such staff personnel as may be necessary to
carry out the provisions of this Act.
(b) The Board Is authorized to employ
experts and consultants or organizations
thereof as authorized by section 3109 of
title 5, United States Code, compensate In-
dividuals so employed at rates not In excess
of the rate prescribed for grade 18 of the
General Schedule under section 5332 of such
title. Including traveltlme, and allow them,
while away from their homes or regular
places of business, travel expenses (includ-
ing per diem in lieu of subsistence) as au-
thorized by section 6703 of said title 5 for
persons In the Government service employed:
Provided however. That contracts for such
employment may be renewed annually.
STAFF services
Sec 13. Financial and administrative serv-
ices (Including those related to budgeting,
accounting, financial reporting, personnel,
and procurement) and such other staff serv-
ices as may be requested by the Board shall
be provided the Board by the Secretary of
Commerce, for which payment shall be made
In advance, or by reimbursement, from funds
of the Baard in such amounts as may he
agreed upon by the Chairman of the Board
and the Secretary of Commerce. In perform-
ing these functions fcr the Board, the Sec-
retary is authorized to obtain such informa-
tion and assistance from other Federal agen-
cies as may be necessary.
GIFTS
Sec 14. (a) The Board is hereby authorized
to accept, hold, administer, and utilize gifts,
donations, and bequests of property, both
real and personal, and personal services, for
the purpose of aiding or facilitating the
work of the Board. Gifts and bequests of
money and the proceeds from sales of other
property received as gifts or bequests shall
be deposited in the Treasury In a separate
fund and shall be disbursed upon order of
the Board.
(b) For the purpose of Federal Income,
estate, and gift taxes, property accepted un-
der subsection (a) of this section shall be
considered as a gift or bequest to or for
the use of the United States.
(c) Upon the request of the Board, the
Secretary of the Treasury may invest and
reinvest In securities of the United States
any moneys contained In the fund herein
authorized. Income accruing from such secu-
rities, and from any other property accepted
to the credit of the fund authorized herein,
shall be disbursed upon the order of the
Board.
ANNUAL REPORT
Sec 15. The Board shall submit annual re-
ports of its activities to the President and
the Congress with respect to ( 1 ) progress be-
ing made under such plans; (2) tangible
costs and benefits being incurred thereun-
der; and (3) any additional legislation
needed to carry out the policy stated in this
Act.
AUTHORIZATION
Sec. 16. There are hereby authorized to be
appropriated, for the preceding sections, not
to exceed $3,000,000 for the fiscal year begin-
ning July 1, 1973. not to exceed' $4,000,000
for the fiscal year beginning July 1, 1974, and
for each of the following three fiscal years
not to exceed $4,500,000. Appropriations to
carry out those provisions may remain avail-
able for obligation and expenditure for such
period or periods as may be specified in the
Acts making such appropriations.
TAX ASSISTANCE
Sec 17. (a) Section 167 of the Internal
Revenue Code of 1954 (relating to deprecia-
tion) Is amended by redesignating subsec-
tion (m) as (n) and by Inserting after sub-
section (1) the following new subsection:
January ^, 1973
CONGRESSIONAL RECORD — SEN ATE
249
"(N) Property Necessary for Metric
Conversion
"(1) Useful life. — At the election of the
taxpayer, the useful life of property described
in paragraph (2) shall, for purposes of this
section other than for purposes of subsec-
tion (c), be one-half of the useful life de-
termined without regard to this subsection.
"(2) F>roperty to which applicable. —
Paragraph ( 1 ) shall apply only to personal
property which is —
"(A) manufactured in the United States
and substantially all of the component parts
cr which are manufactured In the United
States, and
"(B) placed In service in replacement of
other property in order to carry out the re-
quirements of the national plan for metric
conversion submitted under the Metric Con-
version Act of 1971.
"(3) Election. — An election under para-
graph ( 1 ) with respect to any property shall
be made at such time and in such manner
as the Secretary or his delegate prescribes
by regulations.
"(4) Regulations. — The Secretary or his
delegate shall, after consultation with the
Secretary of Commerce, prescribe regula-
tions to carry out the purposes of this sub-
section."
(b) As soon as practicable after the sub-
mission of the national plan for metric con-
version under this Act the Secretary of the
Treasury shall submit to the Congress rec-
ommendations for additional changes In the
Federal Income tax laws which he considers
necessarj- to assist in carrying out the na-
tional plan. Before submitting recommen-
dations under this subsection the Secretary
of the Treasury shall consult with the Secre-
tary of Commerce and the Secretary of Labor,
and with such other officers of the United
States and such private Individuals and or-
ganizations as he deems desirable.
conversion assistance to businesses and
individuals
Sec. 18. (a) Section 7 (b) of the Small
Business Act Is amended by adding after
paragraph (7) a new paragraph as follows:
"(8) to make such loans (either directly or
in cooperation with banks or other lending
Institutions through agreements to partici-
pate oii an immediate or deferred basis) as
the Administration, in consultation with the
Secretary of Commerce, determines to be
necessary or appropriate to assist any busi-
ness concern to make changes In Its equip-
ment, facilities, or methods of operation to
conform to the national plan of metric con-
version submitted under the Metric Conver-
sion Act of 1973, If the Adn>lnIstratlon de-
termines that such concern is likely to suffer
substantial economic Injury without assist-
ance under this paragraph."
(b)(1) The Administrator of the Small
Business Administration Is authorized, un-
der terms and conditions prescribed by him,
to make grants to Individuals to defray non-
reimbursable expenses which must be in-
curred by them for the purpose of acquiring
tools or Instruments which are necessary to
their continued employment In a trade or
business and are required as the result of the
Implementation of the national plan of
metric conversion submitted under the Met-
ric Conversion Act of 1973. The amount of
any such grant to any individual shall not
exceed $2,000.
(2) There are authorized to be appropri-
ated to the Small Business Administration
such sums as may be necessary to carry out
this subsection.
public INFORMATION PROGRAMS
Sec 19. (a) The Commissioner of Educa-
tion, in consultation with the Secretary of
Commerce, shall make grants to, and con-
tracts with. Institutions of higher education,
State and local educational agencies, and
other public and private non-profit agencies,
organizations, and institutions to develop and
carry out programs of public education nec-
essary to carry out the folicy stated in sec-
tion 3(a) of this Act.
(b( Financial asslsta.ice under this sec-
tion may be made avail.'ible only upon appli-
cation to the Commissioner. Any such appli-
cation shall be subml;ted at such time. In
such form, and containing such Information
as the Commission shall prescrl^^bvregula-
tlon and shall be approved only^WS^
( 1 ) provides that the activities and services
for which assistance Is sought will be admin-
istered by, or under supervision of, the
applicant; —
(2) describes a program which holds prom-
ise of making a substantial contribution
toward attaining the purposes of this section;
(3) sets forth such policies and procedures
as will insure adequate evaluation of the
activities Intended to be carried out under
the application;
(4) sets forth policies and procedures which
assure that Federal funds made available
under this se'.-ticn for any fiscal year will
be so used as to supplement and, to the ex-
tent practical. Increase the level of fvmds
that would, in the absence of such Federal
fund?, be rr.ade available by the applicant
for the purposes described in this section,
and in no case suoplant such funds;
(5) provides for such fiscal control and
fund accounting procedures as may be nec-
essary to assure proper disbursement of and
accounting for Feder^ funds paid to the
applicant under this section; and
(6) provides for making an annual report
and such other reports, in such form and
containing such Information, as the Com-
missioner may rcisonably require and for
keeping such records, and for affording such
access thereto as the Commissioner may find
necessary to assure the correctness and veri-
fication of such reports.
(c) Applications from local education
agencies for financial, assistance under this
section may be approved by the Commissioner
only If the State educational agency has been
notified of the application and been given the
opportunity to offer recommendations.
(d) Amendments of applications shall,
except as the Commissioner may otherwise
provide by or pursuant to regulation, be
subject to approval In the same manner as
original applications.
(e) Federal assistance to any program or
project under this section shall not exceed
60 per centum of the cost of such program
or project, including costs of administration.
unless the Commissioner determines, pur-
suant to regulations establishing objective
criteria for such determinations, that assist-
ance In excess of such percentE^e Is required
in furtherance of the purposes of this section.
(f) There are authorized Xo be appropri-
ated such amounts as may be necessary to
carry out the provisions of this section.
(g) Any agency or organization which re-
ceives assistance under this section shall
make available to the Commissioner of Edu-
cation and the Comptroller General of the
United States, or any of their duly authorized
representatives, for purposes of audit and
examination, any books, documents, papers
and records that are pertinent to the assist-
ance received by such agency or organization
under this section.
By Mr. CRANSTON (for himself
and Mr. Tunney) :
S. 110. A bill to designate certain lands
in the Cleveland National Forest, Calif.,
as the "Agua Tibia Wilderness" for in-
clusion in the National Wilderness Pres-
ervation System :
S. 111. A bill to designEite certain lands
in the Stanislaus National Forest, Calif.,
as the "Emigrant Wilderness" for inclu-
sion in the Natiorial Wilderness Preser-
vation System ;
S. 112. A bill to designate certain lands
in the Yosemite National Park In Cali-
fornia as wilderness;
S. 113. A bill to designate certain lands
in San Luis Obispo County, Calif., as
the "Santa Lucia Wilderness" for inclu-
sion in the National Wilderness Preserva-
tion System;
S. 114. A bill to designate certain lands
in the Mendocino National Forest, Calif.,
as the "Snow Mountain Wilderness" for
inclusion in the National Wilderness
Preservation System; and
S. 115. A bill to designate certain lands
in the Pinnacles National Monument in
California as wilderness. Referred to the
Committee on Interior and Insular Af-
fairs.
SIX CALIFORNIA WILDERNESS AREAS
Mr. CRANSTON. Mr. President, I have
the privilege to introduce today six bills
to add six new California wilderness
areas to our national wilderness preser-
vation system. I am delighted that my
distinguished colleague from California,
Senator John Tunney, is joining me as
cosponsor of all six bills. All six areas
lie within the State of California. Two
are part of our national park system;
four belong to our national forest. There
are other areas in California worthy of
wilderness designation for which Senator
Tunney and I are considering additional
legislation.
Our wilderness areas are unique re-
sources which Americans have long de-
sired to protect. As earlv as the 19th
century Americans recognized the need
to set aside certain lands for public use
and enjoyment when Yellowstone was
made our first national park in 1872,
More recently, a few farsighted men in
the Forest Service, notably Aldo Leopold,
conceived and implemented the idea of
preserving our wilderness resources for
future generations, and stimulated the
public debate that resulted in the enact-
ment of the 1964 Wilderness Act.
The overriding purpose of the Wilder-
ness Act is to insure an enduring resource
of wilderness for the Nation, not only
for this, but also for future generations,
so that they too may know what our land
was like before man began to modify and
alter his environment. As we continue
to build roads and dams, cut trees, and
pollute our air and streams, there is an
increasing urgency to preserve what little
wilderness remains, before their unique
and unspoiled qualities are lost forever.
Congress already has designated 19 wil-
derness areas in California, totaling 1,-
700,000 acres. I am proposing an addi-
tional 1,094,160 acres be designated as
wilderness.
The wilderness areas I am proposing
today are Pinnacles Wilderness in Pin-
nacles National Monument. San Benito
Coimty; Santa Lucia Wilderness in Los
Padres National Forest. San Luis Obispo
County; Snow Mountain Wilderness in
Mendocino National Forest, Lake, Glenn,
and Colusa Counties; Agua Tibia Wilder-
ness in Cleveland National Forest, River-
side and San Diego Counties; Emigrant
Wilderness In Stanislaus National For-
est, Tuolumne County; and Yosemite
Wildernesses in Yosemite National Park,
Tuolumne, Mariposa, and Maderr. Coun-
ties.
Mr. President, I introduce for appro-
250
fiv
of
pr*v
wit
of
I
in
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CONGRESSIONAL RECORD — SENATE
January ^, 1973
prate reference a bill to designate cer-
tain lands within Pinnacles National
M(nument as wilderness. This bill was
originally introduced in the 90th Con-
gress by my distinguished predecessor,
Sepatcr Thomas H. Kuchel. He proposed
wilderness areas for California, four
which have been established. The ap-
/al of the Pinnacles wilderness bill
complete congressional action on all
Senator Kuchel's wilderness proposals.
this session of Congress can act
quickly on the bUl not only because it
preserve a unique and beautiful area
California, but also as a tribute to an
ouistandins Calif ornian who served his
and the Nation with distinction in
U.S. Senate,
the 91st Congress, the bill was Intro-
duced by the distinguished chairman of
Interior Committee, Senator Henry
.A(jKsoN-. Senator George Murphy and I
co.sponsors. In the 92d Congress, I
introduced legislation to add Plhnacles
the national wilderness system.
I'innacles National Monument lies 125
es south of the San Francisco Bay
in one of the coastal mountain
s. the Gabilan Mountains. Noted for
tall pinnacle rock structures, the
mc^iument was once the site of an an-
t volcano which rose to the height
8.000 feet. Wind and water ero^on.
coi^ibined with the movements of two
faults, carved the unique spires' and
the narrow canyons which con-
two talus caves. The semi-arid land
Covered primarily by the dry, leathery
chaparral which has been relatively un-
toi ched. Within the monument exist the
ha jitats of many species of wildlife, in-
cliiding the endangered peregrine falcon
the golden eagle.
President, I introduce for appro-
priate reference a bill to designate cer-
lands in San Luis Obispo County as
Santa Lucia Wilderness. This is the
as a bill I introduced in the 92d
ress to establish a wilderness in this
I have changed the name of the
prdposed wilderness from Lopez Canyon
Santa Lucia so as to avoid past con-
fu^on of the proposed wilderness with
Dam and Recreation Area. I am
plefesed that Senator TtTNNEY is again
joi ling me as cosponsor of this bill.
Ix)pez Canyon is located within the
Padres National Forest In San Luis
Obispo County, along t^e central coast of
ifornia. The area of 22,250 acres is
basically a wild, rough highland with
nuinerous outcroppings of rock. Except
three flat, fern-covered valleys, the
is mostly covered with pine and
and chaparral.
late Dr. Robert F. Hoover, a for-
mer professor of botany at California
Polytechnic College, noted that the
7, Canyon area contains the only
stahd of knobcone pine between Monter-
and the San Bernardino Mountains,
of the most extensive stands of big-
coile pine in existence, extensive stands
two species of manzanita, especially
groves of canyon' oak, tan oak,
mable, and sycamore, and at least 12
spfcies of ferns — more than half the
entire number known to exist in the
coi ntry.
] )r. Hoover once described the delicate
chi iracter of the canyon :
to
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ere ated
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In the upper end of the canyon, and prob-
ably In some of the tributaries, magnificent
natural gardens Including Woodwardla
ferns, Aralla, maidenhair ferns, leopard lilies
and wild orchids can be found. Accessibility
of the area to large numbers of people could
only lead to the destruction of this priceless
and Irreplaceable heritage.
A former regional forester of the De-
partment of Agriculture has stated that
Lopez Canyon 'is by far the most attrac-
tive area between two existing wilder-
nesses, the San Rafael and Ventana."
In the Senate Interior Committee
hearings on the Lopez Canyon wilder-
ness held in the 92d Congress, there were
some criticisms voiced about manmade
imperfections, in particular a 70-kilovolt
power transmission line within the
boundaries I then proposed. I have re-
vised my bill to exclude the power line at
the present time, but to provide that the
area automatically receive wilderness
designation when the transmission line
is removed. The power line is a temporary
easement granted for 50 years, ending
in 199 L I also have revised the boundaries
to exclude all roads which are now open
» to public vehicles. I am hopeful that with
these changes we can move ahead and
designate this unique and beautiful wil-
derness which is only 12 miles from the
growing urban center of the city of San
Luis Obispo.
Mr. President, I introduce for appro-
priate reference a bill to designate cer-
tain lands within the Mendocino Na-
tional Forest as the Snow Mountain
wilderness. I introduced this bill in the
92d Congress with Senator Tunney and
am pleased that he Is again cosponsor-
ingmybill.
Located in the coastal mountain
ranges of Lake, Colusa, and Glenn Coun-
ties about 80 miles north of San Fran-
cisco, the Snow Mountain area is the
closest available wilderness north of the
Bay Area. Snow Mountain itself is a
peak of 7,056 feet, affording a unique
opportunity for solitude and a spectacu-
lar view of the upper Sacramento Valley.
It is the last remnant of the Mendocino
National Forest that is still roadless and
undeveloped.
The area of 37,000 acres contains a
wide variety of vegetation tsTDes, ranging
from chaparral and brush to mixed coni-
fers, red fir, white fir, ponderosa pine.
These provide a natural refuge for deer,
squirrel, bob cat, golden eagles, and quail.
Bear and mountain lions also have been
sighted there. The rough country of
Snow Mountain is an outstanding ex-
ample of the primitive character of the
Coast Ranges.
The Mendocino National Forest in
recent years has been the scene of a
great deal of logging and road-building.
Incursions by motorized vehicles into the
Snow Mountain area have increased and
have been acknowledged as a serious
hazard to the sensitive ecology by the
Forest Service. A wilderness designation
is the only way of preserving and pro-
tecting as an enduring resource this last
untouched portion of the Mendocino Na-
tional Forest.
Mr. President, I Introduce for appro-
priate reference a bill to designate cer-
tain lands in the Cleveland National
Forest as the Agua Tibia Wilderness.
The Agua Tibia area of Cleveland Na-
tional Forest is located in the west half
of the Mount Palomar Range, approxi-
mately 40 miles north of San Diego and
75 miles southeast of Los Angeles. Agua
Tibia Mountain, "warm water" in Span-
ish, rises 5,400 feet, with brush-covered
slopes that have been eroded and cut by
intermittent streams to form deep can-
yons.
Elevations vary from 1,400 feet in the
canyon bottoms to the 5,400-foot peak
which is covered with a conifer forest.
Broad, sweeping panoramas can be seen
from the upper ridges, not only of the
immediate area but of distant moun-
tains and valleys and, on clear days, the
Pacific Ocean, 40 miles west. The wild-
life habitat in the Agua Tibia area is
plentiful, with southern mule deer,
mountain lions, golden eagle, quail, band-
tailed pigeon, dove, and hawk among
others. This rugged land, nearly 5 miles
long and 3 miles wide, offers solitude to
those seeking a wilderness experience.
Mr. President, I introduce for ap-
propriate reference a bill to designate
certain lands within the Stanislaus Na-
tional Forest as the Emigrant wilderness.
Emigrant Basin in Stanislaus National
Forest is located along the west slope of
the Sierra Nevada Mountains approxi-
mately 185 miles east of San Francisco,
and 130 miles south of Reno, Nev. The
113,000 acre area is entirely within Tuo-
lumne County, with Yosemite National
Park forming 15 miles of the southern
boundary.
Emigrant Basin has superb scenery
with rugged mountains, glaciated ridges
and valleys, more than 100 lakes and
streams bordered by meadows and alpine
vegetation. Elevations range from 5,200
feet on the west to 11,500 Leavitt Peak
on the Sierra Crest, with eight peaks
over 10,000 feet in height. The area
abounds with California black-tailed
deer and mule deer, mountain lion and
black bear in the summer, and numerous
small mammals year-round.
There are several existing grazing per-
mits and 40 mining permits in the area as
well as a number of man-made improve-
ments— two well-hidden snow cabins,
seven well -distributed snow measuring
courses, and several cabins and barns for
managing livestock. Except for the snow
cabins and snow courses, the other struc-
tures will be removed within 10 years
after the area is classified as wilderness.
In addition, there are some small incon-
spicuous flow maintenance dams made
of natural rock and covered with moss
and lichens. These are substantially un-
noticeable and do not detract from the
wilderness quality of the area. There is
also a 21 -mile unpaved access road to
the mining sites in the heart of the Emi-
grant Basin. If this road were closed to
vehicular traffic, it would quickly revert
to nature and regain its wilderness char-
acter.
Mr. President, I introduce for appro-
priate reference a bill to designate cer-
tain lands within Yosemite National Park
as wilderness.
Known as one of the most beautiful
and scenic units of our national park
system, Yosemite National Park in re-
cent years has experienced tremendous
I
I
January h, 1973
CONGRESSIONAL RECORD — SENATE
251
increases in visitor usage resulting in
congestion, intolerable crowding, and
confusion around the campsites on the
valley floor. Although Yosemite National
Park is located in the central portion of
the Sierra Nevada Mountains, in portions
of Tuolumne, Mariposa, and Madera
Counties, it draws visitors from Los An-
geles and San Francisco, as well as from
the rest of the State and the Nation.
Yet in areas away from the campsites,
solitude and natural serenity is still pos-
sible in the valley. There are outstanding
geological, biological, and scenic re-
sources— exceptional glaciated topogra-
phy, sheer massive granite walls, mag-
nificent waterfalls, virgin conifer forests,
mountain lakes, streams, and meadows.
The park provides a home for mule deer,
black bear, wildcat, and the rare moun-
tain lion.
To insure that this rich resource is
not endangered further, I am proposing
the designation of two wilderness areas,
to be known as Yosemite South and
Yosemite North, totaling 692,500 acres.
Mr. President. I ask unanimous con-
sent that the bills be printed at this
point in the Record.
There being no objections, the bills
were ordered to be printed in the Record,
as follows :
s. no
A bill to designate certain lands In the
Cleveland National Forest, California, as
the "Agua Tibia Wilderness" for inclusion
lu the National Wilderness Preservation
System
Be It enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That, in ac-
cordance with section 3ib) of the Wilder-
ness Act (78 Stat. 891; 16 U.S.C. 1132(b)),
certain lands In the Cleveland National
Forest, California, which comprise approxi-
mately sixteen thousand four hundred and
ten acres and which are generally depicted
on a map entitled "Agua Tibia Wilderness —
Proposed" and dated March 1972, are hereby
designated as wilderness.
Sec. 2. As soon as practicable after this
Act takes effect, the Secretary of Agriculture
shall file a map and a legal description of
the wilderness area with the Interior and
Insular Affairs Committees of the United
States Senate and House of Representatives,
and such map and description shall have the
same force and effect as if Included In this
Act; Pro'ided. however, That correction of
clerical and typographical errors in such
legal description and map may be made.
Sec. 3. The wilderness area designated by
this Act shall be known as the "Agua Tibia
Wilderness" and shall be administered by
the Secretary of Agriculture in accordance
with the provisions of the Wilderness Act
governing areas designated by that Act as
wilderness areas.
S. Ill
A bill to deslgnat'e certain lands in the
Stai.islaus Nat'onal Forest. California, as
the "Emigrant Wilderness" for inclusion In
the National Wilderness Praser vatic n Sys-
tem
Be it enacted by the Senate and House
of R".presentativps of the United States of
Ame-ica iv Congreis assembled. That, in ac-
cordar.ce with section 3(b) of the V.Mderness
Act (78 Stat. 891; 16 U.SC. 11.32(b) i , certain
la.-.ds In Sta'.iislaus National Forest, Cali-
fornia, which comprise approximately one
hundred and thirteen thousand acres and
wnicn are generally depicted on a map en-
titled "Emigrant Wilderness — Proposed" and
dated March 1972, are hereby designated as
wilderness.
Sec. 2. As soon as practicable after this
Act takes effect, the Secretary of Agriculture
shall file a map and a legal description of
the wilderness area with the Interior and
Insular Affairs Committees of the United
States Senate and House of Representatives,
and such map and description shall have
the same force and effect as If included In
this Act; Provided, however. That correction
of clerical and typographical errors in such
legal description and map may be made.
Sec 3 The wilderness area designated by
this Act shall be known as the "Emigrant
Wilderness" and shall be administered by
the Secretary of Agriculture in accordance
with the provisions of the Wilderness Act
governing areas designated by that Act as
wilderness areas.
S. 112
A bin to designate certain lands in the Yo-
semite National Park In California as wil-
derness
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That. In ac-
cordance with subsection 3(c) of the Wilder-
ness Act (78 Stat. 890: 16 U.S.C. il32{c)),
certain lands in the Yosemite National Park,
California, which comprise about s'x hun-
dred and ninety-two thousand five hundred
acres and which are depicted on a map en-
titled "Yosemite North Wilderness and Yo-
semite South Wilderness— Proposed" and
dated October 1972, are hereby designated
as wilderness; Provided, however, that each
tract Identified on said map as "Wilderness
Reserve" Is designated as wilderness, subject
only to the removal from each such tract
of the existing nonconforming Improve-
ments, at which times the Secretary of the
Interior is directed to publish notice there-
of In the Federal Register. Pending such no-
tice, and shbject only to the existing notl-
conforming Improvements, each such tract
shall be managed as w'lderness In accord-
ance with section 3 of this Act.
Sec. 2. As soon as practicable after this
Act takes effect, a map and a legal descrip-
tion of the wilderness areas designated by
and pursuant to this Act shall be filed with
the Interior and Insular Affairs Committees
of the United States Senate and House of
Representatives, and such map and descrip-
tion shall have the same force and effect as
if Included in this Act; Provided, however.
That correction of clerical and typographical
errors In such legal description and map may
be made.
Sec. 3. The wilderness areas designated by
and pursuant to this Act shall be known as
the "Yosemite North Wilderness" and the
"Yosemite South Wilderness" and shall be
administered In accordance with the provi-
sions of the Wilderness Act governing areas
designated by that .^ct as wilderness areas,
except that any reference In such provisions
to the Secretary of Agriculture shall be
deemed to be a reference to the Secretary
of the Interior.
S. 113
A bill to designate certain lands In San L" Is
Obispo County. California, as the "Santa
Lucia Wilderness" for inclusion in the Na-
tional Wilderness Preservation System
Be it enacted by the Senate and House of
Representatives of the United States of Amer-
ica in Congress assembled. That. In further-
ance of the purposes of the Wilderness Act
(78 Stat. 890). certain lands in and adjacent
to the Los Padres National Forest. San Luis
Obispo County, California, which comprise
about twenty-gne thousand two hundred and
fifty acres and which are generally depicted
on a map entitled "Santa Lucia Wilderness —
Proposed" and dated January 1973, are hereby
designated as wilderness; Provided, however,
That the tract Identified on said map as "Wil-
derness Reserve; Is designated as wUderneas,
subject only to the removal of the existing
and temporary nonconforming Improvement,
at which time the Secretary of Agriculture Is
directed to publish notice thereof In the Fed-
eral Register. Pending such notice, and sub-
ject only to the maintenance of the existing
nonconforming improvement, said tract shall
be managed as wilderness In accordance with
sections of the Act.
Sec. 2. As soon as practicable after this Act
takes effect, a map and a legal description of
the wilderness area designated by and pur-
suant to this Act shall be filed with the In-
terior and Insular Affairs Committees of the
United States Senate and House of Repre-
sentatives, and such map and description
shall have the same force and effect as If In-
cluded m this Act; Provided, however. That
correction of clerical and t>'pographlcal er-
rors In such legal description and map may
be made.
Sec. 3. (a) The wilderness area designated
by and pursuant to this Act shall be known
as the "Santa Lucia Wilderness" and shall be
administered by the Secretar>- of Agriculture
In accordance with the provisions of the Wil-
derness Act governing areas designated by
that Act as wilderness areas, except that por-
tion outside the boundary of the Los Padres
National Forest shall be so administered by
the Secretary of the Interior.
(b) Notwithstanding the provisions of sec-
tion 5 of the Wilderness Act, the Secretary of
Agriculture, and. within the portion of such
area outside the boundary of the Los Padres
National Forest, the Secretary of Interior, are
authorized to acquire by donation, purchase
with donated or appropriated funds, exchange
or otherwise any non-Federal lands located
within the area designated as wilderness by
this Act as the appropriate Secretary may de-
termine necessary or desirable for the pur-
poses of this Act and the Wilderness Act.
Sec. 4. There are authorized to be appro-
priated such sums as may be necessary to
carry out the provisions of this Act.
S. 114
A bill to designate certain lands In the Men-
docino National Forest, California, as the
"Snow Mountain Wilderness" for inclu-
sion in the National Wilderness Preserva-
tion System
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That, In
furtherance of the purposes of the Wilder-
ness Act (78 Stat. 890), certain lands In the
Mendocino National Forest. California,
which comprise approximately thirty seven
thousand acres, and which are generally
depicted on a map entitled "Snow Mountain
DeFacto Wilderness Area" and dated June
1971, are hereby designated as wilderness.
Sec. 2. As soon as practicable after this
Act takes effect, the Secretary of Agriculture
shall file a map and a legal description of the
wilderness area with the Interior and In-
sular Affairs Committees of the United
States Senate and the House of Representa-
tives, and such map and description shall
have the same force and effect as If In-
cluded in this Act; Provided, however. That
correction of clerical and typographical
errors In such legal description and map
mav be made.
Sec. 3. The wilderness area designated by
this Act shall be known as the "Snow Moun-
tain Wilderness" and shall be administered
by the Secretary of Agriculture In accord-
ance with the provisions of the Wilderness
Act governing areas designated by that Act
as wilderness areas.
252
A li
n la I
Ee
111 to designate certain lands In the
Pinnacles National Monument In Calif or-
as wilderness
it enacted by the Senate and House of
^esentativea of the United States of
in Congress assembled. That, In
acct>rdance with section 3(c) of the Wilder-
Act (78 Stat. 890), certain lands In the
National Monument, California,
comprise about thirteen thousand
and which are generally depicted on a
entitled "Pinnacles Wilderness — Pro-'
■■ and dated April 1968, are hereby
gnated as wilderness.
2. As soon as practicable after this Act
effect, a map and legal description of
wilderness area designated by and pur-
to this Act shall be filed with the Inte-
and Insular Affairs Committees of the
ted States Senate and House of Repre-
njtatlves, and such map and description
sha|ll have the same force and effect as If
In this Act: Provided, however,
it correction of clerical and typographl-
errors In such legal description and map
be made.
3. The wilderness area designated by
Act shall be kQown as the "Pinnacles
derness" and sMall be administered In
with the provisions of the Wll-
deiiness Act governing areas designated by
th£ t Act as wilderness areas, except that any
ref jrence In such provisions to the Secre-
tar r of Agriculture shall be deemed to be a
ref srence to the Secretary of the Interior.
Re
Amkrica
Pin nacles
wh: ch
acr IS
ma )
pos;d
de
a:c.
tak»s
the
sua nt
rloi
Un
ser
Shi
included
Th;
cal
mar
Sec.
thli
Wl
acdardance
01
is
CONGRESSIONAL RECORD — SENATE
January ^, 1973
s: 115
By Mr. SCHWEIKER (for himself.
Mr. Javits, Mr. Kennedy, and
Mr. Scott of Pennsylvania) :
3. 136. A bill to authorize financial as-
sis;ance for opportunities industrializa-
ticn centers. Referred to the Committee
on Labor and Public Welfare.
OPPORTUNITIES INDtJSTRIALIZATION ASSISTANCE
ACT
'vir. SCHWEIKER. Mr. President, one
the key tasks before this new Congaess
to take action to reform the existmg
St] ucture of Federal manpower training
programs.
This action, Mr. President, is Iqpg over-
die. In 1970, a major manpowerlreform
bi 1. the Employipent and Manpowbr Act,
di i pass the Congress but was vetoed by
th ? President. In the 92d CongresaLjust
past, wc did enact the Emergency \m-
pl )yment Act of 1971. But while tms
ac ded an important new program pro-
vi ling public service jobs, it did not over-
hsul the existing job training programs
of the Federal Government.
Mow, Mr. President, 2 years after the
la ;t major attempt at Federal manpower
re orm, we continue to face an unem-
pl )yment crisis. Our national tmemploy-
m ?nt rate is .5.2 percent, and I feel that
is too high. But among certain parts of
the work force, the rate of joblessness is
even higher. For example. 7.4 percent of
bl 16 collar workers are tmemployed.
Among Vietnam veterans. 8 percent
ar e unemployed.
Among blacks and other minorities,
IC .3 percent are tmemployed, and for mi-
ne rity teenagers, the rate is a staggering
3c|-40 percent.
Among construction workers. 10.4 per-
cent are unemployed.
And among teenagers generally, 17
pe rcent are unemployed.
Our Federal job training efiforts, it
se ^ms, have been a mixed bag, shared by
mmy different categorical programs in
' several different agencies. Some of these
programs have worked, but some have
not. It is urgent that we take a hard look
at manpower training this year, and I
know that the Subcommittee on Employ-
ment, Manpower and Poverty, on which
I serve, will be doing just this in early
hearings. For with high imemployment
hitting so many groups in society, we can
ill-afford manpower training programs
that are not doing their full job.
And as we examine the progress and
the pitfalls of manpower training pro-
grams, it is time to recognize in Federal
legislation one of the most successful
manpower training movements in our
history — the opportunities industrializa-
tion centers, or OIC's.
Foimded by a group of Philadelphia
ministers, led by the dynamic Rev. Dr.
Leon H. Sullivan, just 9 years ago in an
abandoned Philadelphia police station,
the bIC's now operate in more than 100
American cities. They have given com-
prehensive prevocational and vocational
counseling and training to over 100,000
persons, and two-thirds are still on the
jobs where they were placed by OIC.
By training these people at a cost of
$1,200 to $1,800 each for meaningful em-
ployment. Dr. Sullivan estimates that
the OIC organization has already saved
our Nation $100 million in welfare pay-
ments— because the income of OIC
trainees has doubled. Truly they are off
the welfare rolls, and onto payrolls,
thanks in large part to OIC's work.
Rev. Dr. Sullivan's forceful leadership
has been one of the principal assets of
the OIC movement over the past 9 years.
But mainly, OIC has succeeded so well
because it has been based on self-help,
the idea that such an organization can be
founded, led and operated from within
the minority community itself.
This has brought badly needed job
training to the men and women of inner
city minority communities, but just as
important is the heightened self-esteem
that these men and women have gained
through their identifying with an orga-
nization developed in their community,
, rather than by outsiders.
The Federal Government, Mr. Presi-
dent, has already recognized the value of
OIC as a part of the overall Federal man-
power training effort. Currently the Fed-
eral Government provides more than $30
million annually in assistance to the
OIC's nationally.
But OIC's are ready to enter a new
phase. Now located in 100 communities,
the OIC's can be utilized to train no less
than 100.000 men and women each year,
if the Federal resotu-ces are made avail-
able. With the OIC facilities and the OIC
organization and philosophy already in
place, we have a rare opportunity to put
this machinery into high gear and really
do something substantial about oiu- job-
training crisis.
My bill would authorize $100 million in
funds to OIC for the coming fiscal year
1974. In the next fiscal year, the authori-
zation would rise to $150 million, and in
the year after that, $200 million.
Mr. President, this legislation is similar
to that which was first introduced in the
91st Congress as S. 1362 by the dis-
tinguished Senator from Delaware (Mr.
Boggs). I joined as a cosponsor of that
bill, and as a member of the Subcommit-
tee on Employment, Manpower and
Poverty, I offered the amendment in the
committee to include this OIC provision
as a part of the 1970 manpower bill. The
OIC provision was retained in the con-
ference version of the manpower bill,
which was vetoed by the President, al-
though certainly not because of the OIC
provision in the bill. In the 92d Congress,
the Senator from Delaware reintroduced
his rheasure as S. 687. but as you know,
in the last Congress there v. as no action
taken on major manpower legislation.
In considering the OIC program for
inclusion in the 1970 manpower bill, the
report of the Committee on Labor and
Public Welfare said this about OIC:
The facts clearly seem to Justify the con-
clusion that this is an unusually successful
and surprisingly low-cost manpower pro-
gram, solidly accepted by both the poverty
community and the private sector.
Mr. President, this same statement
could be made today. And this is why I
am introducing this bill today, and will
be working to have OIC included in the
new manpower legislation in this Con-
gress.
Mr. President, I am pleased that three
distinguished Senators vho have all been
strong supporters of OIC are joining me
in cosponsoring this bill today. They are
the ranking minority members of the
Committee on Labor and Public Welfare,
the Senator from New York (Mr. Javits > ,
my colleague from Pennsylvania, the Re-
publican Leader iMr. Scott >, and the
senior Senator from Massachusetts 'Mr.
Kennedy* .
Mr. President, I send this bill to the
desk for appropriate reference and ask
that the text be printed in the Record
at this point.
There being no objection, the bill was
ordered to be printed in the Record, as
follows:
s. 136
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That this
Act mav be cited as the "Opportunities In-
dustrialization Assistance Act".
DEFINITIONS
Sec. 2. For the purposes of this Act, the
term —
(1) "Secretary" means the Secretary of
Labor; and
(2) "State" Includes the District of Co-
lumbia and the Commonwealth of Puerto
Rico.
APPROPRIATION AUTHORIZED
Sec. 3. For the purposes of carryinc; out
this Act, there are authorized to be appro-
priated SI 00.000.000 for the fiscal year end-
ing June 30, 1974, $150,000,000 for the fiscal
year ending June 30. 1975, and $200,000,000
for the fiscal year ending June 30, 1976
(b) Notwithstanding any other provision
of law, unless enacted in specific limitation
of the provisions of this subsection, any
funds appropriated to carry out this Act
which are not obligated prior to the end of
the fiscal year for which such funds were
appropriated shall remain available for ob-
ligation during the succeeding fiscal year,
and any funds obligated in any fiscal year
may be expended during a period of two
years from the date of obligation.
PROGRAM AUTHORIZED
Sec. 4. The Secretary shall make financial
assistance available under this Act for the
.Jamiarij J^, 1973
CONGRESSIONAL RECORD — SENATE
253
Finance.
THE FOREIGN TRADE AHD INVESTMENT ACT
OF 1973
Mr. HARTKE. Mr. President, America
is in the throes of a foreign trade and
investment crisis. The whole fabric of a
pense of American tax dollars, this tech-
nology fuels economies of foreign lands
at our expense.
•Our international trade policies have
collapsed, American industries are in-
jured and several miUion Americans are
;;S economy btTiir on free and fair unemployed. Yet this admirflstration has
establishment and operation In any State purposes. Referred to the Committee on Frequently^developed at^^tjae ^^^^^^x-
of opportunities industrialization centers de- — * * '^ ^ tr,^ Ar^
signed to provide comprehensive employ-
ment services and Job opportunities for low-
income persons who are unemployed or un-
deremployed. Such services shall Include re-
cruitment, counseling, remediation, voca-
tional training. Job development. Job place-
ment, family planning, and other appropri-
ate services. No funds shall be made available
for any program under this section unless
the Secretary determines that adequate pro-
visions are made to assure that ( 1 ) residents
of the area to be served by such program
are Involved in the planning and operation
of such center, and (2) the business com-
munitv in the area to be served by such pro-
gram is consulted In its development and op-
eration. The Secretary shall give priority to
any program authorized under this section
serving residents of an inner-rity area with
substantial unemployment or underemploy-
ment.
EQUIT.ABLE ofteTRIBUTION OF ASSISTANCE
Sec. 5. The Secretary shall establish cri-
teria designed to achieve an equitable dis-
tribution of assistance among the States
under this title. In developing such criteria
as are appropriate for each part, he shall
consider, among other relevant factors, the
ratios of population, unemployment, and
income levels.
LIMITATION ON FEDERAL ASSISTANCE
Sec 6. Federal financial assistance to any
program carried out pursuant to this Act
shall not exceed 90 per centum of the cost of
such program, including costs of administra-
tion. The Secretary may. however, approve as-
sistance in excess of that percentage if he de-
termines, pursuant to regulations establish-
ing objective criteria for such determina-
tions, that this is necessary in furtherance
trade has been weakened by America's
failure to set a course that would restore
order to world markets.
There was a time, Mr. President, when
individual countries were content to ride
out domestic economic cycles, accepting
the bust as the unfortunate but neces-
sary cost of a preceding boom. That era
drew to a close in the 1930's when gov-
ernments around the world accepted re-
sponsibility for achieving stability in
their individual economies.
Despite efforts to stabilize the world
economy following World War II, inter-
national trade cycles yere never brought
under effective control. Neither the
world nor America can leave the world
no policy to meet this crisis. Instead,
there is a siu-charge here, an anti -dump-
ing hearing there. We hear much talk of
new studies, long-term ongoing negotia-
tions and the long-term effects of cur-
rency realinement, but there is still no
administration trade policy.
To deal with this state of anarchy and
disarray, I am reintroducing the first
really comprehensive trade bill in this
decade. The Foreign Trade and Invest-
ment Act of 1973 is designed to put our
industry on an even footing with foreign
competition and to make domestic in-
vestment just as attractive as investment
abroad.
To meet the huge deficits in the bal-
„ar.etpla«"S."r ]^;;^~o[^ ?- or Pa^wn.. an. the balance oj
tional policies and a few beleaguered in-
ternational agreements.
The Foreign Trade and Investment
Act of 1973 which I am introducing to-
day, provides a new basis for orderly
world trade, controls the worst practices
of the transnational firms, and allows
American firms to compete with imports
on an equitable basis.
The domestic impact of existing trade
policies has been devastating. In 1971,
America suffered her first deficit in for-
trade, I propose a system of import
quotas. Based on the relationship be-
tween imports and domestic production
in the 1965- 69 period, this measure
would stabilize imports, preserve domes-
tic industry and keep hundreds of thou-
sands of jobs in America. Under my plan,
imports would continue to grow in con-
cert with domestic production, preserving
the 1965-69 relationship. Our trading
partners would be assured of a steadily
expanding market while our domestic in-
of the objectives of this Act. Non-Federal gign trade— $2.2 billion of red ink. Despite ^^.^^ts would be full> protected.
contributions may be in^cash or in kind,
fairly evaluated, including bvit not limited
to plant, equipment, and services.
ADMINISTRATION
Sec 7. (a) The Secretary shall prescribe
regulations to assure that programs assisted
under this Act have adequate Internal ad-
ministrative controls, accounting require-
ments, personnel standards, evaluation pro
administration action to devalue the dol-
lar, the deficit tripled in 1972 to more
than $6 billion.
Many firms and whole industries have
been lost to the sudden tide of imports
that started in the late 1960s. The per-
sonal impact of recent trade figures can
be found in high unemployment, lost
cedures, avaUability of inservice training and pensions, and weakened communities.
technical assistance programs, and other
policies as may be necessary to promote the
effective use of funds received under this
Act.
(b) The Secretary may prescribe such addi-
tional rules and regulations as he deems
necessary to carry out the provisions of this
Act.
(c) In carrying out his functions under
this Act, the Secretary Is authorized to uti-
lize with their assent, the services and fa-
cilities of Federal agencies without reim-
bursement, and with the consent of any
State or political subdivision of a State,
accept and utilize the services and facilities
of the agencies of such State or subdivision
without reimbursement.
REPORT
Sec. 8. Tlie Secretary shall transmit, as a
part Of the annual report required of the
Department of Labor, a detailed report set-
ting forth the activities conducted under
this Act, including Information on the ex-
tent to which participants in such activities
subsequently secure and retain employment.
By Mr. HARTKE:
S. 151. A Mil to amend the tariff and
trade laws of the United States to pro-
mote full employment and restore a di-
versified production base; to amend the
Internal Revenue Code of 1954 to stem
the outflow of U.S. capital, jobs, tech-
nology, and production, and for other
Blinded by healthy trade surpluses in
the early postwar years, America has
been slow to adapt to a rapidly changing
world economy.
While America adhered to the old doc-
trine of free trade, a powerful trading
bloc has arisen in Europe, and Japan
has grown into an industrial giant. Using
a system of close government -industry
cooperation, import quotas and other
trade barriers, and capital controls, the
Japanese have achieved the highest rate
of growth of any industrialized nation.
Sheltered by the common barriers
against foreign goods, the European eco-
nomic commumty has shown a similar,
though not quite as spectacular, record.
The postwar era has also witnessed the
rapid growth of the transnational firm.
The book value of direct investments by
the U.S. -based transnationals grew from
$32 billion in 1960 to $78 billion in 1970.
Over the same period, plant and equip-
ment expenditures by l|.S. corporations
ro.se 60 percent faster abroad than they
did in the United States. In part, re
The Foreign Trade and Investment Act
moves to bring back tax equity in the
treatment of the purely American and
the transnational firm.
At present, our tax laws make an over-
seas investment more attractive than one
in Indiana or New York. For example,
profits earned by a foreign subsidiary of
an American firm are not taxed until they
are repatriated. To the extent that the
firm does pay taxes to a foreign govern-
ment, these taxes coimt as a doUar-for-
doUar credit against any Federal tax
liability.
Profits made in Indiana are taxed
when earned. And taxes paid to the State
of Indiana can only be taken as deduc-
tions against gross income rather than as
a Federal tax credit. My bill will plug
both of these gaping loopholes through
v.'hich American capital, technology, and
jobs have poured.
Although most coimtries regulate their
technology and carefully control out-
fiows of capital, America has largely left
these matters in private hands. In the
past, American transnational firms con-
tributed to the fall of the dollar by piu--
suing their owTi corporate ends in in-
ternational currency speculation. Plants
are closed, new inventions are immedi-
ately licensed overseas, workers are
throwTi out of work, and all because of
some private calculation of short-term
profit. There is no reason why the world's
sponding to favorable tnx treatment and greatest democracy should leave her
America's old line free trade policies,
more than 8,000 subsidiaries of American
firms have been established overseas. Fol-
lowing this flow of capital and firms is
American technology and know-how.
trade and investment policy in the hands
of a few. The Foreign Trade and In-
vestment Act will bring these practices
under national control for the first time
by empowering the President to limit
2r4
net
te
go
Inj
Sec
N
tl-e
CONGRESSIONAL RECORD — SENATE
January 4, 1973
January %, 1973
CONGRESSIONAL RECORD — SENATE
255
ca Jital and technologj- flows where they
wc uld have an adverse effect on domestic
enployment.
The world of the 1970's is vastly dif-
fe; ent from preceding eras. Transpor-
ta ion costs have plummeted downward.
CO nmunications are vastly improved,
multinational organizations and corpo-
ra ;ions abound, and most countries are
pirsuing nationalistic trade policies or
se iking to industrialize behind carefully
designed tariff walls.
By restoring the attractiveness of do-
m istic investment, controlling predatory
tr:ide practices and regulating the
Aiierican based transnational firm, the
Hi irtke approach to trade policy will put
America back en the path to a world of
fr !e and fair trade.
I ask unanimous consent that the text
of the bill be printed in the Record at this
point, together with my introductory
stitement.
There being no objection, the bill and
stitement were ordered to be printed in
tlie Record, as follows:
S. 151
Be it enacted hy the Senate and House of
i?( presentatives of the United States of
ATierica in Congress assembled. That this Act
m ir be cited as the "Foreign Trade and In-
vestment Act of 1973".
PREAMBLE
[n order to accomplish the domestic and
elgn policy goals of the United States, it Is
:essary to promote and maintain a fully
er^ployed. Innovative, and diversified pro-
tlon base In the United States. In recent
rs rapidly Increasing imports, sometimes
prbmoted by foreign government assistance
unregulated unfair trade practices, have
but eliminated certain domestic Indus-
and are threatening to destroy critical
pof-tlons of the United States production base.
Is the Intent of Congress, in enacting this
statute, to Insure that this destruction does
occur.
To this end. this statute should be in-
preted to Insure that the production of
s which have historically been produced
the United States Is continued and main-
tained. To the extent that production of such
>ds has been transferred abroad, It Is the
eut of Congress that this production be
rlcouraged to return to the United States.
Moreover, as new products are developed and
.rketed in the United States this leglsla-
n should be administered such that a fair
proportion of such production Is maintained
the United States.
r es.
goods
TITLE I
S!c. 101. Amendment of Ejksting Law.
Except as otherwise expressly provided,
enever In this title an amendment Is ex-
in ternis of an amendment to a eec-
n or other provision, the reference shall be
to be made to a section or other
Ision of the Internal Revenue Code of
w
P-
tl
cobsidered
pr ;ssed
S54.
102. Taxation of Earnings and Proftts
OF Controlled Foreijjn Corpo-
rations.
(A) In General. — Part III of sxibchapter
of chapter 1 (relating to income from
oiirces without the United States) Is
nded by inserting after subpart H thereof
following:
ubpart I — Controlled Foreign Corporations
. 983. Amounts IndUided In gross Income
of United States shareholders.
. 984. DeSnltlons.
^c. 985. Rules for determining stock own-
ership.
/
Sec.
S ec.
"Sec. 986. Exclusion from gross income of
previously taxed earnings and
profits.
"Sec. 987. AdjtLstments to basis of stock In
1 controlled foreign corporations
I and of other property.
"Sec. 988. Records and accounts of United
States shareholders.
"Sec. 983. Amounts Included in Gross In-
come OF United States Share-
holders.
"(a) Amounts Included. —
" ( 1 ) In General. — If a foreign corporation
is a controlled foreign corporation for an un-
interrupted period of 30 days or more during
any taxable year, every United States share-
holder of such corporation who owns (within
the meaning of section 985(a) ) stock in such
corporation on the last day In such year on
which such corporation Is a controlled foreign
corporation shall Include In Its gross Income,
for its taxable year in which or with which
such taxable year of the corporation ends,
its pro rata share of the corporation's earn-
ings and profits for such year.
" ( 2 ) Pro rata share of earnings and prof-
its.— A United States shareholder's prorata
share referred to in paragraph (1) is the
amount —
"(A) which would have been distributed
with respect to the stock which such share-
holder owns (within the meaning of section
985(a)) in such corporation If on the last
day. In Its taxable year, on which the cor-
poration Is a controlled foreign corporation
It had distributed pro rata to its sharehold-
ers an amount (1) which bears the same ratio
to Its earnings and profits for the taxable
year, as (11) the part of such year during
which the corporation Is a controlled foreign
corporation bears to the entire year, reduced
by
"(B) an amount (1) which bears the same
ratio to the earnings and profits of such cor-
poration for the taxable year as (11) the
part of such year described In subparagraph
(A) (11) during which such shareholder did
not own (within the meaning of section 985
(a)) such stock bears to the entire year.
"(b) Earnings and Profits. — For purposes
of this subpart, under regulations prescribed
by the Secretary or his delegate, the earnings
and profits of any foreign corporation, and
the deficit in earnings and profits of any
foreign corporation, for any taxable year —
"(1) except as provided in section 312(m)
(3). shall be determined according to rules
substantially similar to those applicable to
domestic corporations,
"(2) shall be appropriately adjusted for
deficits in earnings and profits of such cor-
poration for any prior taxable year beginning
after December 31, 1973,
"(3) shall i.ot include any item of Income
which Is effectively connected with the con-
duct by such corporation of a trade or busi-
ness within the United States unless such
item is exempt from taxation (or Is subject
to a reduced rate of tax) pursuant to a treaty
obligation of the United States, and
"(4) shall not Include any amount of
earnings and profits which could not have
been distributed by such corporation becau.$e
of currency or other restrictions or limita-
tions Imposed under the laws of any foreign
country.
"(c) Coordination With Election of a
Foreign Investment Compant to Distribute
Income. — A United States shareholder who,
for his ta:;able year, is a qualified shareholder
(within the meaning of section 1247 (c) ) of
a foreign investment company with respect
to which an election under section 1247 Is In
effect shall not be required to Include In
i gross Income, for such taxable year, any
' amount under subsection (a) with respect
to such company.
"(d) Coordination With Foreign Personal
Holding Company Provisions. — In the case
of a United States shareholder who. for his
taxable year, is subject to tax under section
55(b) (relating to foreign personal holding
company income included in gross income
of United States shareholders) on income of
a controlled foreign corporation, the amount
required to be included in gross Income by
such shareholder under subsection (ai with
respect to such company shall be reduced by
the amount Included In gross income by such
shareholder under section 551 (b) .
"Sec. 984. Definitions.
"(a) United States Shareholder De-
fined.— For purposes of this subpart, the
terna "United States shareholder' means, with
respect to any foreign corporation, a do-
mestic corporation which owns ( within the
meaning of section 9S5(a) ) . or is considered
as owning by applying the rules of ownership
of section 985(b). 10 percent or more of the
total combined voting power of all classes
of stock entitled to vote of such foreign
corporation.
"(b) Controlled Foreign Corporation
Defined. — «
For purposes of this subpart, the term
"controlled foreign corporation" means any
foreign corporation of whl'.h more than 50
percent of the total combined voting power
of all classes of stock entitled to vote Is
owned (within the meaning of section 985
( a ) I . or is considered as owned by applying
the rules of ownership of section 985(b). by
United States shareholders on any day dur-
ing the taxable year of such foreign cor-
poration.
"Sec. 985. Ruxes For Determining Stock
Ownership.
"(a) Direct and Indirect Ownership. —
"(1) General Rule. — For purposes of this
subpart, stock owned means —
"(A) stock owned directly, and
"(B) stock owned with the application of
paragraph (2).
"(2) Stock, ownership through foreign
entities. — For purposes of subparagraph (B)
of paragraph (1), stock owned, directly or
indirectly, by or for a foreign corporation
or foreign estate (within the meaning of sec-
tion 7701 1 a) (31) or by or for a partnership
or trust shall be considered as being owned
proportionately by its shareholders, partners,
or beneficiaries. Stock considered to be owned
by a person by reason of the application of
the preceding sentence shall, for purposes of
applying such sentence, be treated as actually
owned by such person.
"(b) Constructive Ownership. — For pur-
poses of section 984. section 318 (a) (relat-
ing to constructive ownership of stock) shall
apply to the extent that the effect Is to
treat any domestic corporation as a United
States shareholder within the meaning of
section 984(a) . or to treat a foreign corpora-
tion as a controlled foreign corporation i^-
der section 984(b) , except that —
"(1) In applying subparagraphs (A). (B),
and (C) of section 318(a) (2), If a partner-
ship, estate, trust, or corporation owns, di-
rectly or Indirectly, more than 50 percent of
the total combined voting power of all classes
of stock entitled to vote of a corporation. It
shall be considered as owning all of the stock
entitled to vote.
"(2) In applying subparagraph (C) of sec-
tion 318(a) (2)' the phrase '10 percent' shall
be substituted for the phrase '50 percent'
used in subparagraph (C) .
"Sec. 986. Exclusion From Gross Incomi
OF Previouslt Taxed Earnings
AND Profits.
"(a) Exclusion From Gross Ihco'me. — For
purposes of this chapter, the earnings and
profits for a taxable year of a foreign cor-
poration attributable to amounts which are,
or have been. Included in the gross income
of a United States shareholder under section
983(a) shall not. when such amounts are
distributed directly, or Indirectly through a
chain of ownership described under section
985(a), to —
"(1) such shareholder (or any domestic
corporation which acquires from any person
any portion of the Interest of such United
States shareholder In such foreign corpora-
tion, but only to the extent of such portion,
and subject to such proof of the Identity of
such interest as the Secretarj' or his delegate
may bv regulations prescribe) , or
"(2) a trust (other than a foreign trust)
of which such shareholder is a beneficiary,
be again included in the gross income of such
United States shareholder (or of such domes-
tic corporation or of such trust) .
"(b) Exclusion From Gross Income or
Certain Foreign Subsidiaries. — For purposes
of section 983(a), the earnings and profits
for a taxable year of a controlled foreign
corporation attributable to amounts which
are. or have been, included in the gross in-
come of a United States shareholder under
section 983(a). shall not, when distributed
through a chain of ownership described un-
der section 985(a), be also Included in the
gross Income of another controlled foreign
corporation in such chain for purposes of
the application of section 983(a) to such
other controlled foreign corporation with re-
spect to such United States shareholder (or
to any other United States shareholder who
acquires from any person any portion of the
Interest of such United States shareholder
in the controlled foreign corporation, but
only to the extent of such portion, and sub-
ject to such proof of identity of such Inter-
test as the Secretary or his delegate may
prescribe by regulations).
"(c) Allocations of Distributions. — For
purposes of subsections (a) and (b), section
316(a) shall be applied by applying para-
graph (2) thereof, and then paragraph (1)
thereof —
"(1) first, to earnings and profits attribut-
able to amounts Included In gross Income
under section 983 (a) , and
"(2) then to another earnings and profits.
"(d) Distributions Excluded Prom Gross
Income Not To Be Treated as Dividends. —
Any distribution excluded from gross Income
under subsection (a) shall be treated, for
purposes of this chapter, as a distribution
which is not a dividend.
"Sec. 987. Adjustments to Basis of Stock
in Controlled Foreign Corpo-
rations AND of Other Property.
"(a) Increase in Basis. — Under regula-
tions prescribed by the Secretary or his dele-
gate, the basis of a United States share-
holder's stock In a controlled foreign corpo-
ration, and the basis of property of a United
States shareholder by reason of which It is
considered under section 985(a) (2) as own-
ing stock of a controlled foreign corpora-
tion, shall be increased by the amount re-
quired to be Included in Its gross Income un-
der section 983(a) with respect to such
stock or with respect to such property, as
the case may be, tiut only to th- extent to
which such amount was Included In the
gross Income of such United States share-
holder.
"(b) Reduction in B..\sis. —
"(1) In GENiEXAL. — Under regulations pre-
scribed by the Secretary or his delegate, the
adjusted basis of stock or other property
with respect to which a United States share-
holder or a United States person receives an
amount which is excluded from gross In-
come under section 986(a) shall be reduced
by the amount so excluded.
"(2) Amount in excess op basis. — To the
extent that an amount excluded from gross
Income under section 986 (a) exceeds the
adjusted basis of the stock or other property
with respect to which it Is received, the
amount shall be treated as gain from the
sale or exchange of proi)erty.
"Sec. 988. Records and Accounts op United
States Shareholders.
"(a) Records and Accounts To Be Main-
tained.— The Secretary or his delegate may
by regulations require each person who Is, or
has been, a United States shareholder of a
controlled foreign corporation to maintain
such records and accounts as may be pre-
scribed by such regulations as necessary to
carry out the provisions of this subpart.
"(b) Two OR More Persons Required To
Maintain or Furnish the Same Records and
Accounts With Respect to the Same For-
eign CoRPOR.^TioN. — Where, but for this sub-
section, two or more persons would be re-
quired to maintain or furnish the same
records and accounts as may by regulations
be required under subsection (a) with re-
spect to the same controlled foreign corpora-
tion for the same period, the Secretary- or
his delegate may by regulations provide that
the maintenance or furnishing of such rec-
ords and accounts by only one such person
shall satisfy the requirements of subsection
(a) for such other persons."
(b) Technical and Conforming Amend-
ments.—
(1) Section 864(c)(4)(D) is amended to
read as follows :
"(D) No Income from sources without the
United States shall be treated as effectively
connected with the conduct of a trade or
business within the United States if It con-
sists of dividends, interest, or royalties paid
by a foreign corporation In which the tax-
payer owns (within the meaning of section
958(a) ) . or is considered as owning (by ap-
plying the ownership rules of section 958
(b) ) , mcfre than 50 percent of the total com-
bined voting power of all classes of stock
entitled to vote."
(2) Section 951 Is amended by adding at
the end thereof the following:
"(e) Taxable Years Ending After Decem-
ber 31. 1C73. — No amount shall be required
to be included in the gross Income of a
Unlt'?d States shareholder under subsection
(a) (other than paragraph (l)(A)(ll) of
such subsection) with respect to a taxable
year of a controlled foreign corporation end-
ing after December 31. 1973."
(3) Section 1016(a) (20) Is amended by
strikiiig out "section 961" and Inserting In
lieu thereof "section 961 and 987".
(4) Section 1246(a)(2)(B) is amended by
Inserting "or 983" after "section 951" and
by Inserting "or 986" after "section 959".
(5) Section 1248 is amended —
(A) by striking out subsection (b) ;
(B) by revising subsection (d)(1) to read
as follows:
" ( 1 ) Amounts included in gross income
under section 951 or 983. — Earnings and
profits of the foreign corporation attributable
to any amount previously Included In the
gross Income of such person under section
951 or 983. with respect to the stock sold or
exchanged, but only to the extent the Inclu-
sion of such amount did not result In an
exclusion of an amount from gross Income
under section 959 cr 986.";
(C) by striking out In subsection (d) (3)
"section 902(d)" and inserting in lieu
thereof "subsection (h)". and by adding at
the end of such subsection "No amount shall
be excluded from the earnings and profits
of a foreign corporation tinder this para-
graph with respect to any United States
person which lb a domestic corporation for
any taxable year of such foreign corporation
ending after December 31, 1973."; and
(D) by adding at the end thereof th* fol-
lowing:
"(hi Less Developed Country Corpora-
tion Defined. — For purposes of thl.s section,
the term 'less developed country corpora-
tion' means —
"(1) a foreign corporation which, for Its
taxable year, Is a less developed country cor-
poration within the meaning of section 955(c)
(1) or (2). and
"(2) a foreign corporation which owns 10
percent or more of the total combined voting
power of all classes of stock entitled to vote
of a foreign corporation which is a less de-
veloped country corporation within the
meaning of section 955(c)(1), and —
"(A) 80 percent or more of the gross In-
come of which for Its taxable year meets the
requirement of section 995(c)(1) (A); and
"(B) 80 percent or more In value of the
assets of which on each day of such year
consists of property described In section 995
(C)(1)(B)."
( c ) Effective Dates. —
(1) Except as provided In paragraph (2),
the amendments made by this section shall
apply with respect to taxable years of foreign
corporations ending after December 31. 1973.
and to taxable years of United States share-
holders within which or with which such
taxable years of such foreign corporations
end.
(2) The amendments made by subsection
(b)(4) shall apply with respect to sales or
exchanges occurring In taxable years begin-
ning after December 31. 1973.
Sec. 103. Repeal of Foreign Tax Credtt Al-
lowed Corporations
(a) In General. — Section 901 (relating to
taxes of foreign countries and of possessions
of the United States) Is amended —
(1) by revising subsection (a) to read as
follows:
"(a) Allowance of Credit. — In the case of
a taxpayer other than a corporation, who
chooses to have the l^enefits of this subpart,
the tax imposed by this chapter shall, sub-
ject to the applicable limitation of section
904. be credited with the amounts provided
in the applicable paragraph of subsection
(b) . Such choice for any taxable year may be
made or changed at any time before the ex-
piration of the period prescribed for making
a claim for credit or refund of the tax Im-
posed by this chapter foe such taxable year.
The credit shall not be. allowed against the
tax Imposed by section 56 (relating to mini-
mum tax for preferences).";
(2) by revising subsection (b)(1) to read
as follows:
"(1) Citizens. — In the case of a citizen of
the United States, the amount of any Income
war profits, and excess profits taxes paid or
accrued during the taxable year to any for-
eign country or to any possession of the
United States; and";
(3) by revising subsection (b) (4) to read
as follows :
"(4) Nonresident alien iNDrviDtJALs. — In
the case of any nonresident alien Individual
not described In section 876. the amount de-
termined pursuant to section 906; and"; and
(4) by striking out subsections (d) and
(e),
(b) Technical and Conforming Amend-
ments.—
(1) Section 78 is repealed.
(2) Section 535(b)(1) Is amended by
striking out "and Income, war profits, and
excess profits taxes of foreign countries and
possessions of the United States (to the ex-
tent not allowable as a deduction under sec-
tion 275(a) (4) ), accrued during the taxable
year or deemed to be paid by a domestic cor-
poration under section 902(a)(1) or 960(a)
(1) (C) for the taxable year," and by insert-
ing in Ueu thereof "accrued during the tax-
able year,".
(3) Section 545(b) (1) Is amended by strik-
ing out "and Income, war profits, and excess
profits taxes of foreign countries and posses-
sions of the United States (to the extent not
allowable as a deduction under section 275
(a) (4) ). accrued during the taxable year or
deemed to be paid by a domestic corporation
under section 902(a) (1) or 960(a) (1) (C) for
the taxable year." and by Inserting In Ueu
thereof "accrued during the taxable year,".
(4) Section 841 Is repealed.
(5) Section 882(c) Is amended by striking
out paragraph (3) .
(6) Section 884 Is amended by striking out
paragraph (4).
(7) Section 902 Is repealed.
(8) Section 906 Is amended —
25fi
tlon
a
der
ta>
(
«c
txa 3
I by striking out "and foreign corpora-
' In the heading thereof:
) by striking out In subsection (a) "or
foijeign coi^oratlon" and "(or deemed, un-
ction 902. paid or accrued during the
le year) ";
by striking out in subsection (b)(3)
181 (relating to Income of foreign cor-
lons not connected with United States
less) '■; and
t by striking out subsection (b)(4).
Section 904(g) Is repealed.
) Section 960 Is repealed.
) Section 1503 Is amended to read as
C)
or
pora :
bvisl
(P
(
(I
(1
folic
•SECl
9i
1503. computation and payment of
Tax.
any case In which a consoUdaied re-
is made or Is required to be made, the
hall be determined, computed, assessed,
and adjusted In accordance with
the tegulations under section 1502 prescribed
befoj-e the last day prescribed by law for the
of such return."
Effective Date — The amendments
of this section shall apply with respect
ixable years beginning after December 31,
"In
tur
tax
coUefcted
73
film
I c
mad ;
to t
19'
Se
POB.<
ef
is
In,
jffec t
(rel
b\- !
eig:
oth
realized
tlor
ent
prof
to
wh
rec'
(
mad
to
of
Sec
CONGRESSIONAL RECORD — SENATE
January If, 1973
whi( h
year
determined
of s
cor
I
OVT
lati
desi
and
t Ion
t;ide
an
104. Depreciation of Foreign Assets.
Earnings and Profits of Foreign Cor-
.iJrioNs — Section 312 (m) (relating to
of depreciation on earnings and profits)
jnded by striking out paragraph (3) and
^setting In lieu thereof the following:
) Foreign corporations. — In applying
paraferaph (1) or (2) for purposes of corn-
put i:-.g the earnings and profits of a foreign
corparatlon, the amount of depreciation
would be allowable for the taxable
with respect to any property shall be
on the basis of the useful life
ch property In the hands of such foreign
^^ratlon."
) Depreciation on Property Located
;iDE THE United States. — Section 167 (re-
g to depreciation) is amended by re-
;natlng subsection (n) as subsection (o)
by inserting immediately after subsec-
im) the foliowlng:
n ) Depreciation on Property Located
tIie United States — In the case
y property which either is located out-
the United States or is used predomi-
:ly outside the United States (other than
described in section 48(a)(2)(B)
(11). (ill). (Iv). (V), or (vD). subsec-
(b) shall not apply and the term
allowance" as used in subsec-
(a) shall be an allowance compiled
r the straight line method on the basis
he useful life of the property In the
is of the taxpayer."
) Effective Dates. — The amendments
by this section shall apply with respect
taxable years beginning after Decem-
31.-1973.
105. Transfers of P.atents. Etc.. to
Foreign Corporations.
I Recognition of Gain. — Section 367
itlng to foreign corporations) is amended
ddlng at the end thereof the following:
ei Tr.'knsfers of P.\tfnts, etc . to For-
CoRPOR.ATioNS. — Notwithstanding any
r provision of this subtitle, any gain
on a transfer of a patent, an Inven-
niodel. or design (whether or not pat-
^d). a copyright, a secret formula or
ess, OT any other similar property right
y foreign corporation In an exchange to
i :h this section Is applicable shall be
gnUed."
M Effecttve Date. — The amendments
e by this section shall apply with respect
! ransfers of property made after the date
actment of this Act.
106. BxcLrsioN FOR Earned Income from
SOtTBCES WlTHOIJT THE UNITED
States.
fii) Limitation of Exclusion. — Section
911 (c) (relating to special rules) Is amended
Or
of
side
nai.
proiferty
(1)
tion
"reasonable
tiO!
u:ic
of
ha;,
(
ma(|e
to
ber
Sec
f n\
c n
by adding at the end thereof the following:
"(8) Certain compensation not exclud-
able.— No amount received for services per-
formed—
"(A) for a domestic corporation or a do-
mestic partnership, or
"(B) for a controlled foreign corporation
(within the meaning of section 984(b) ) , may
be excluded under subsection (a)."
(b) Effective Date. — The amendment
made by this section shall apply with respect
to amounts received for services performed
after the date of enactment of this Act.
Sec. 107. Submission of Report on Interna-
tional Tax Compliance.
Not later than December 31, 1974, the
Treasury Department shall submit to the
Congress a report on the administration of
the Income tax imposed by the Internal
Revenue Code of 1954 as it applies to busi-
ness activities carried on outside the United
States by United States corporations, whether
directly or through foreign entities. Such re-
port shall include, but not be limited to, a
discussion and analysis of the enforcement
and compliance problems encountered by the
Treasury Department In such administra-
tion.
TITLE II— UNITED STATES FOREIGN
TRADE AND INVESTMENT COMMISSION
Sec. 201. Organization of the Commission —
Membership
(a) The United States Foreign Trade and
Investment Commission (referred to In this
title and title III as the "Commission") shall
be composed of five commissioners to be
hereafter appointed by the President by and
with the advice and consent of the Senate.
No person shall be eligible for appointment as
a commissioner unless he is a citizen of the
United States, and, in the Judgment of the
President, is possessed of qualifications req-
uisite for developing expert knowledge of
foreign trade and investment problems and
efficiency in administering the function? and
duties of the Commission. Not more than
three of the Commissioners shall be members
of the same political party. One member of
the Commission shall be a representative of
public interests, one shall be a representative
of labor Interests, one shall be a representa-
tive of Industrial Interests, one shall be a
representative of consumer Interests, and one
shall be a representative of agricultural In-
terests.
( b ) Terms of office of the Commissioners
first taking office shall expire, as designated
by the President at the time of nomination,
onfe at the end of every second year follow-
ing July 1. 1973. The term of office of a
successor to any such Commissioner shall
expire six years from the date of the expira-
tion of the term for which his predecessor
was appointed, except that any Commissioner
appointed to fill a vacancy occurring prior to
the expiration of the term for which his pred-
ecessor was appointed, shall be appointed
for the remainder of such term.
ic) The President shall annually designate
one of the Comml.ssioners as Chairman and
one as Vice Chairman of the Commission.
The Vice Chairman shall act as Chairman
In case of the absence or disability of the
Chairman. A majority of the Commissioners
in office shall constitute a quorum, but the
Commission may function notwithstanding
vacancies. No Commissioner shall actively
engage In any other business, vocation, or
employment than ^aaX of serving as a Com-
missioner.
(d) (1) Whenever, In any case calling for
findings of the Commission In connection
with any authority conferred upon the Presi-
dent by law to make changes in Import re-
strictions, a maJorUy of the Commissioners
voting are unable to agree upon findings or
recommendations, the findings (and recom-
mendations. If any) of any one of the Com-
missioners may be considered by the Presi-
dent as the findings and recommendations
of the Commission.
(2) Whenever, In any case In which the
Commission Is authorized to make an In-
vestigation upon its own motion, upon com-
plaint, or upon application of any Interested
party, one-half of the number of commis-
sioners voting agree that the investigation
should be made, such investigation shall
thereupon be carried out in accordance with
the statutory authority covering the mat-
ter In question. Whenever the Commission
is authorized to hold hearings in the course
or any investigation and one-half of the
number of commissioners voting agree that
hearings should be held, such hearings shall
thereupon be held In accordance with the
statutorj' authority covering the matter in
question.
TITLE III — QUANTITATIVE RESTRAINTS
ON IMPORTS
Sec 301. Quantitative Restraints for 1972
and Succeeding Years.
(a) The total quantity of each category of
goods (as defined In section 303(f)), pro-
duced in any foreign country which may be
entered during the calendar year 1974. shall
not exceed the aver.^ge annual quan^^itV as
determined by the Commission of such cate-
gory produced in such country and entered
during the calendar years 1965 to 1969.
(b)(1) The total quantity of each category
of goods produced in any foreign country
which may be entered during any calendar
year after 1974 shall not exceed the sum of —
(A) the total quantity determined for
such category for such country under sub-
section (a) or this subsection for the Im-
mediately preceding calendar year, and
(B) the Increase (or decrease) applicable
under paragraph (2).
(2) (A) The Commission shall Increase
(or decrease) the total quantity of each
category of goods produced in any foreign
country which may be entered during any
calendar year after 1974 by aia amount which
the Commission estimates Is necessary in
order to make the total quantity of Imports
in each category bear the same relationship
to United States production of the goods in
such category as existed during the period
1965 to 1969.
(B) The Commission may make additional
decreases In quotas where It determines that
the level of Imports provided for under this
section Is Inhibiting the production of any
manufactured product.
(C) Any Increase (or decrease) under this
paragraph for any category for any calendar
year shall be the same percentage for all
foreign countries.
(D) A determination shall be made under
this paragraph for each category for each
foreign country for each calendar year after
1974 without regard to the nonapplicatlon
(or partial nonapplicatlon) of this subsec-
tion to such category' for such country- for
such year by reason of subsection (d) of this
section or section 302.
(c) (1) Any annual quantitative limitation
under subsection (a) or (b) shall be applied
on a calendar quarter or other Intra-annual
basis If the Commission determines that
such application is necessary or appropriate
to carry out the purposes of this section.
(2) If the application of subsection (a) or
(b) to any category for any foreign country
begins or resumes after the first day of any
calendar year, the amount of the quantitative
limitation for such category for such coun-
try for the remainder of such calendar year
shall be the annual amount determined
under subsection (a) or (b), adjusted pro
rata according to the number of full months
remaining In the calendar year after the date
of such beginning or such resumption.
(d) The quantitative restraints provided
for m this section shall not be applied to any
category of goods for which the Commission
has determined that —
(1) a voluntary bilateral or multilateral
government-to-government agreement has
been entered Into pursuant to section 302
Januanj U, 1973
CONGRESSIONAL RECORD — SENATE
257
which effectively limits Imports of such
category, or
(2) quantitative controls have been Im-
posed pursuant to some other law, existing
government - to - government International
agreement, or
( 3 1 failure to Import the goods would cause
long-term disruption of United States mar-
kets, or
(41 the domestic Industry producing com-
peting eoods has consistently failed to make
technological Innovations required to remain
competitive with foreign producers.
le) Any quota established under this sec-
tion for an Item which Is used In the pro-
duction of goods In the United States may
be increased by the Commission to a level
•vrhich will not Inhibit the production of such
goods.
(f) If, at any tlme^ the Commission deter-
mines that any cotjntry quota established
under this section will not be filled, It shall
so inform the President, and shall distribute
the quota among new or existing suppliers as
the President may direct.
(g) Any action taken under subsection
(d), (e), or (f) of this section shall not take
effect before the thirtieth day after the
day on which notice of such action Is pub-
lished In the Federal Register.
Sec 302. Arrangements or Agreements Reg-
ulating Imports
(a) The President Is authorized to con-
clude bilateral or multilateral arrangements
or agreements with the governments of for-
eign countries regulating, by category, the
quantities of articles produced In such for-
eign countries which may be exported to the
United States or entered and to issue regula-
tioris necessary to carry out the terms of such
arrangements. In concluding any arrange-
ment or agreement under this subsection, the
President shall take Into account conditions
In the United States market, the need to
avoid disruption of that market, and such
other factors as he deems appropriate In the
national Interest.
(b) Whenever a multilateral arrangement
or agreement concluded under subsection
(a) Is In effect among the countries, Includ-
ing the United States, which accoimt for a
significant part of world trade in the arti-
cle concerned and such arrangement or
agreement contemplates the establishment of
limitations on the trade In the article pro-
duced In countries not parties to such ar-
rangement or agreement, the Commission
may by regulation prescribe the total quan-
tity of the article produced in each country
not a party to such arrangement or agree-
ment which may be entered.
Sec. 303. Administration
(a) The rulemaking provisions of sub-
chapter II of chapter 6 of title 5, United
States Code, shall apply with respect to pro-
ceedings under this chapter.
(b) All quantitative limitations established
under this title or pursuant to any aixange-
ment or agreement entered Into under this
title, till exemptions established under this
title and all extensions or terminations
thereof, and all reg^ulations promulgated to
carry out this title shall be published In the
Federal Register. The Commission shall cer-
tify to the Secretary of the Treasury for
each period the total quantity of each cate-
gory of goods produced In each foreign coun-
try the entry of which Is affected by such a
quantitative limitation on Importation; and
the Secretary of the Treasury shall take such
action as may be necessary to Insure that
the total quantity so entered during such
period shall not exceed the total quantity so
certified.
(c) There shall be promulgated as a part
of the appendix to the Tariff Schedules of
the United States, Annotated, all quantita-
tive limitations and exemptions established
under this title or pursuant to any arrange-
ment or agreement entered Into under this
title and all quantitative limitations other-
wise established pursuant to law, or to an
agreement entered Into pursuant to section
302.
(d) One year after the enactment of this
Act, and by July 1 of each succeeding year,
the Commission shall publish a report to
the Congress reviewing actions taken by It
under this title during that year.
(e) The term "category" means a group-
ing of goods as determined by the Commis-
sion, for the purposes of this title, using the
five-digit and seven-dlglt Item numbers ap-
plied to such articles In the Tariff Schedules
of the United States, Annotated, as published
by the United States Tariff.' Commission.
Groupings shall not be made that will ad-
versely affect the assembly or production of
any Item or component in the United States.
(f) In order to make the estimate required
by section 301(b)(2)(A) the Commission
shall each year make an estimate of the
United States production during the pre-
ceding United States fiscal year of the goods,
commercially the same as those contained In
each category of goods. Such estimate shall
be based on the best Information available
at the time when the estimate Is made, and
shall be revlswed and updated annually. Such
estimates of the United States production to-
gether with the resulting import quotas for
the succeeding year shall be published by
the Commission on or before October 1 of
each year. The Conamisslon shall change Its
estimates when It determines that existing
estimates for that year are substantially In
error.
(g) The term "entered" means entered, or
withdrawn from warehouse, for consumption
In the customs territory of the United States.
(h) The term "produced" means manu-
factured or produced.
(1) The term "foreign country" Includes a
foreign Instrumentality.
TITLE IV— AMENDMENTS TO THE ANTI-
DUMPING AND COUNTERVAILING DUTY
ACTS
Sec. 401. Amendments to the Antidumping
Act
The Antidumping Act of 1921 is hereby
amended to read as follows :
"Sec. 201. (a) Whenever a class or kind of
foreign merchandise Is being, or is likely to
be, sold In the United States or elsewhere
at less than Its fair value and an Industry
In the United States Is being or Is likely to
be Injured, or Is prevented from being estab-
lished, by reason of the Importation of such
merchandise Into the United States, there
shall be levied, collected, and paid on such
merchandise, In addition to any other duties
Imposed thereon by law, a special dtimplng
duty In an amount equal to the difference
between the purchase price or the exporter's
sales price and the foreign market value (or.
In the absence of such value, the constructed
value) .
"(b) The United States Foreign Trade and
Investment Commission (hereinafter called
the "Commission") Is hereby authorized to
Investigate complaint (s) filed with It on be-
half of any Industry by a firm or group of
workers, to make such Investigation as It
deems necessary, and to Issue orders to ef-
fectuate the provisions of this Act. Com-
mission proceedings 6ind actions under this
Act shall be completed within four months
of the filing of a complaint, and shall be In
accordance with the provisions of subchapter
II of chapter 5 of title 5 of the United States
Code. Any final order entered In any such
proceeding shall be made on the record after
opportunity for a Commission hearing and
shall be subject to Judicial review In the man-
ner prescribed In chapter 158 of title 28 of
the United States Code and to the pro-
visions of chapter 7 of title 5 of the United
States Code.
"(c) Whenever the Commission has reason
to believe or suspect from Information pre-
sented to it that the purchase price is less,
or that the exporter's sales price Is less or
CXIX-
-17— Part 1
likely to be less, than the foreign market
value or. In the absence of such value, than
the constructed value. It shall forthwith pub-
lish notice of that fact In the Federal Regis-
ter and shall direct the withholding of ap-
praisement reports as to such merchandise
entered, or withdrawn from warehouse, for
consumption, not more than one hundred
and twenty days before the question of dump-
ing has been raised by or presented to It,
until the further order of the Commission, or
until the Commission has completed its In-
vestigation In regard to such merchandise.
"Sec. 202. (a) Upon Information of the
Issuance of an order by the Commission pro-
viding for the Imposition of a special dump-
ing duty, the Secretary of the Treasury
(hereinafter referred to as the 'Secretary')
shall, through the proper officers. Impose the
special dumping duty on all Imported mer-
chandise, whether dutiable or free of duty, of
a class or kind prescribed In the Commis-
sion's order, entered, or withdrawn from
warehouse, for consumption, not more than
one hundred and twenty days before the
question of dumping was raised by or present-
ed to the Commission, and as to which no ap-
praisement report has been made before such
order has been made. (Plus conforming
changes In subsequent sections.)
Sec 402. Amendments to the Countervail-
ing Duty Law
The Countervailing Duty Law (section 303
of the Tariff Act of 1930; 19 U.S.C. 1303) Is
amended to read as follows:
"Sec. 303. Countervailing Duties
"Whenever any country, dependency,
colony, province, or other political subdivi-
sion of government, person, partnership, as-
sociation, cartel, or corporation shall pay or
bestow, directly or Indirectly, any bounty or
grant upon the manufacture or production
or export of any article or merchandise man-
ufactured or produced In such country, de-
pendency, colony, province, or other political
subdivision of government, and such article
or merchandise Is dutiable under the pro-
visions of this Act, then upon the importa-
tion of any such article or merchandise Into
the United States, whether the same shall
be Imported directly from the country of
production or otherwise, and whether such
article or merchandise is Imported In the
same condition as when export«d from the
country of production or has been changed
In condition by remanxrfacture or otherwise,
there shall be levied and paid. In all such
cases. In addition to the duties otherwise
Imposed by this Act, an siddltlonal duty equal
to the net amount of such bounty or grant,
however the same be paid or bestowed. The
United States Foreign Trade and Invest-
ment Commission is hereby authorized to
Investigate complaint (s) filed under this
section or upon Its Initiative and to issue
orders to effectuate the provisions of this
section. Such orders shall be made on the
record after opportunity for a hearing. Upon
Information of the Issuance of an order by
the Foreign Trade and Investment Commis-
sion, the Secretary of the Treasury shall,
through the proper officers. Impose the ad-
ditional duty prescribed therein. Foreign
Trade and Investment Commission proceed-
ings and actions under this section shall be
completed within four months of the filing
of a complaint, and shall be in accordance
with the provisions of subchapter n of
chapter 5 of title 5 of the United States Code,
and any final order entered In any such pro-
ceeding shall 'oe subject to Judicial review In
the manner prescribed In chapter 158 of title
28 of the United States Code."
TITLE V— AMENDMENTS TO THE TRADE
EXPANSION ACT OF 1962— ADJUST-
MENT ASSISTANCE
Sec. 501. Petitions and Determinations
Section 301 of the Trade E.\panslon Act of
1962 Is hereby amended to read as follows;
58
CONGRESSIONAL RECORD — SEN ATE
January 4,
197S
Sec. 501. Petitions and Detebmin.\tions
•'(a)(1) A petition for tariff adjustment
\ nder section 351 may be filed with the For-
( Ign Trade and Investment Commission by a
t rade association, firm, certified or recognized
X ;nlon, or other representative of an Industry.
■•(2) A petition for a determination of ell-
i Iblllty to apply for adjustment assistance
under chapter 2 may be filed with the For-
« ign Trade and Investment Commission by a
1 .rm or its representative, and a petition for ^
i determination of ellglbUlty to apply for
idjustment assistance under chapter 3 may
lie filed with the Foreign Trade and Invest-
1 p.ent Commission by a group of workers or
1 ly their certified or recognised union or other
( luly authorized representative.
••(3) jlbienever a petition Is filed under this
subsection, the Foreign Trade and luvest-
nent Commission shall transmit a copy
hereof to the Secretary of Commerce.
••(b)(1) Upon a request of the President,
ipon resolution of either the Committee on
i'lnance of the Senate or the Committee on
Vays and Means of the House of Represent-
,Uves. upon Its own motion, or upon the
iling of a petition by the petitioner under
ubsectlon (a)(1) of this section the For-
!len Trade and Investment Commission shall
jromptly make an Investigation to determine
vhether. an arUcle Is being imported Into
;he United States In such Increased quantl-
;les. either actual or relative as to contribute
lubstantlally (whether or not such increased
jnports are the major factor or the primary
:actor) toward causing or threatening to
;au3e serious Injury to the domestic industry
jroduclng an article which is like or directly
competitive with the Imported article. For
aurnoses of this paragraph, the term 'Indus-
:rv' means the aggregate of those firms or
appropriate subdivisions thereof which pro-
iuce a product or component threatened by
Imports. Where the product or component Is
produced In a distinct part or section of an
Bstabllshment, whether or not the firm has
one or more establishments, such part or sec-
tion shall be considered an appropriate sub-
division.
"(2) In making Us determination under*
paragraph ( 1 ) , the Foreign Trade and In-
vestment Commission shall take Into account
all economic factors which It considers rele-
vant. Including Idling of productive facilities ,
inability to operate at a level of reasonable
profit, unemployment or underemployment,
loss of fringe benefits, and decreased or stag-
nant wages.
"(3) No investigation for the purpose of
paragraph (1) shall be made, upon petition
filed under subsection (a) (1) of this section,
with respect to the same subject matter as a
previous Investigation under paragraph (1),
unless one year has elapsed since the Foreign
Trade and Investment Commission made its
report to the President of the results of such
previous Investigation.
"(c)(1) In the case of a petition by a
firm for a determination of eligibility to ap-
ply for adjustment assistance under chapter
2, the Foreign Trade and Investment Com-
mission shall promptly make an investiga-
tion to determine whether, an article like or
directly competitive with an article produced
by the firm is being Imported Into the United
States In such increased quantities either
actual or relative as to contribute substan-
tially ( whether or not such Increased Imports
are the major factor or the primary factor)
toward causing or threatening to cause,
serious Injury to such firm. In making Its de-
termination under this paragraph, the
Foreign Trade and Investment Commission
shall take Into account all economic factors
which it considers relevant. Including Idling
of productive facilities of the firm. Inability
of the firm to operate at a level of reasonable
' "Tptfeflt, unemployment or underemployment In
the firm, loss of fr^ige benefits, and decreased
or stagnant wagesj
"(2) In the case of a petition by a group of
workers for a determination of eligibility to
apply for adjustment assistance under chap-
ter 3, the Foreign Trade and Investment
Commission shall promptly make an Investl-
gaoion to determine whether an article like or
directly competitive with an article produced
by such workers' firm, or an appropriate sub-
division thereof, is being Imported Into the
United States In such Increased quantities
(either actual or relative) as to contribute
substantially (whether or not such Increased
Imports are the major factor or the primary
factor) toward causing, or threatening to
cause, unemployment or underemployment
of a significant number of proportion of the
workers of such firm or subdivision.
"(d) (1) In the course of any Investigation
under subsection (b) (1) of this section, the
Foreign Trade and Investment Commission
shall, after reasonable notice, hold public
hearings and shall afford Interested parties
opportunity to be present, to prodvice evi-
dence and to be heard at such hearings.
"(2) In the cotirse of any Investigation
under subsection (c)(1) or (c)(2) of this
section, the Foreign Trade and Investment
Commission shall, after reasonable notice
hold public hearings if requested by the peti-
tioner, or if, within ten days after notice of
the filing of the petition, a hearing is re-
quested by any other party showing a proper
Interest in the subject matter of the in-
vestigation, and shall afford Interested par-
ties an opportunity to be present, to produce
evidence and to be heard at such hearings.
"(e) Shouiti the Foreign Trade and Invest-
ment Commission find with respect to any
article, as the result of its Investigation, the
serious Injury or threat thereof described In
subsection (b) of this section, it shall find
the quantitative restriction on such article
which Is necessary to prevent or remedy such
Injury and shall make such modification of
the quantitative restraints determined under
title II of this Act as Is necessary to put Into
effect the determination made under this
section.
•'(f)(1) The Foreign Trade and Investment
Commission shall report to the President the
results of each Investigation under this sec-
tion and Include In each report any dissent-
ing or separate views. The Foreign Trade and
Investment Commission shall furnish to the
President a transcript of the hearings and
any briefs which may have been submitted
in connection with each Investigation.
"(2) The report of the Foreign Trade and
Investment Commission of Its determination
under subsection (b) of this section shall be
made at the earliest practicable time, but
not later than six months after the date on
which the petition Is filed (or the date on
which the request or resolution Is received or
the motion is adopted, as the case may be).
Upon making such report to the President,
the Foreign Trade and Investment Commis-
sion shall promptly make public such re-
port, and shall cause a summary thereof to
be published In the Federal Register.
"(3) The report of the Foreign Trade and
Investment Commission of Its determination
under subsection (c)(1) or (c)(2) of this
section with respect to any firm or group
of workers shall be made at the earliest prac-
ticable time, but not later than sixty days
after the date on which the petition Is filed.
"(g) Foreign Trade and Investment Com-
mission proceedings under this title shall be
In accordance with the provisions of sub-
chapter n of chapter 5 of title 5 of the United
States Code. Any final order entered In such
proceeding shall be made on the record after
opportunity for a Commission hearing and
shall be subject to Judicial review In the
manner prescribed In chapter 158 of title 28
of the United States Code and to the provi-
sions of chapter 7 of title 5 of the United
States Code."
Sec. 502. Presidential Action After Foreign
Trade and Investment Commis-
sion Determination
Section 302 of the Trade Expansion Act of
1962 Is hereby amended to read as follows:
•■Sec. 302. Presidential Action After Foreign
Trade and Investment Commis-
sion Determination — General
Authority
" (a I After receiving a report from the For-
eign Trade and Investment Commission con-
taining an afllrmatlve finding under section
301(b) of this title with respect to any Indus-
try, the President may —
" ( 1 ) provide, with respect to such Industry,
that Its firms may request the Secretary of
Commerce for certifications of eligibility to
apply for adjustment assistance under chap-
ter 2,
"(2) provide, with respect to such Industry,
that Its workers may request the Secretary
of Labor for certifications of eligibility to
apply for adjustment assistance under chap-
ter 3, or
"(3) take any combination of such ac-
tions."
TITLE VI— FOREIGN INVESTMENT AND
TECHNOLOGY EXPORT CONTROLS
Sec. 601 (a) The President Is hereby au-
thorized to prohibit any person within the
Jurisdiction of the United States from en-
gaging In any transaction involving a direct
or indirect transfer of capital to or within
any foreign country or to any national
thereof when In the Judgment of the Presi-
dent the transfer would result In a net
decrease In employment In the United States.
The President is hereby authorized to Issue
regulations to effectuate this section.
(b) Any person who violates a valid regu-
lation Issued under authority of subsection
(a) shall be liable to a fine of not more
than $100,CKX) and Imprisonment for not
more than one year for each violation.
Sec. 602. (a) The President Is hereby au-
thorized to prohibit any holder of a United
States patent from manufacturing the pat-
ented product or using the patented proc-
ess, or from licensing others to manufacture
the patented product or using the patented
process, outside the territory of the United
States when m the Judgment of the Presi-
dent such prohibition will contribute to In-
creased employment In the United States.
The President Is hereby authorized to issue
regulations to effectuate this section.
(b) The patent of any patentee who vio-
lates any regulation validly issued hereunder
shall be unenforceable In the Courts of the
United States.
TITLE VII— OTHER FOREIGN TRADE
PROVISIONS
Sec. 701. Reports by the Export-Import
Bank ol Wasiilngton and other agencies.
(a) Section 635g of title 12 of the United
States Code Is hereby amended to read as
follows :
"The Export-Import Bank of Washington
shall transmit to the Congress semi-annually
a complete and detailed report of Its op-
eration. The report shall be as of the close
of lousiness on June 30 and December 31 of
each year. The report shall Include detaUed
Information from which a Judgment can be
made of the effects bank operations are hav-
ing on United States exports, imports and
employment."
(b) Section 2394(a) of title 22 of the
United States Code Is hereby amended to
read as follows:
"(a) The President shall, while funds
made available for the purposes of this chap-
ter remain available for obligation, trans-
mit to the Congress after the close of each
fiscal year a report concerning operations in
that fiscal year under this chapter. Each such
report shall Include Information on the op-
eration of the Investment guaranty program
and on progress under the freedom of navi-
gation and nondiscrimination declaration
contained In section 2151 of this title.
"Each such report shall also contain a
detailed review of the extent to which proj-
ects financed under any foreign assistance
program are exporting their output to the
United States, and the extent to which sec-
January Jf, 1973
CONGRESSIONAL RECORD — SEN ATE
259
tlon 2370(d) of title 22 has been compiled
with."
(c) A new subsection C is added to section
2 of title 29 of the United States Code as
follows;
"2c. The Bureau of Labor Statistics shall
collect, collate and report at least once each
year, or, more often If necessary, full and
complete statistics on the conditions of work-
ers employed by the United States Govern-
ment and United States corporations outside
the territorial limits of the United States and
the products and distribution of the products
of the same. For purposes of this subsection
a worker shall be deemed to be employed by
a United States corporation If the business
organization employing him Is more than 10
per centum beneficially owned or controlled
by United States corporations."
Sec 702. (a) No producer, manufacturer or
dealer shall ship or deliver for shipment in
commerce any goods containing foreign made
components unless such goods are clearly
marked In a conspicuous place as legibily, in-
delibly and permanently as the nature of the
article or container will permit in such man-
ner as to indicate to an ultimate pvirchaser
to the United States the English name of the
country or countries of origin of the foreign
made components.
(b) No producer, manufacturer or dealer
shall advertise for sale in commerce any goods
containing foreign made components unless
such advertising clearly Indicates to an ulti-
mate purchaser in the United States the
English name of the country or countries of
origin of the foreign made components.
(C) The Secretary of Labor Is hereby au-
thorized to Issue such regulations as he
deems necessary to effectuate this section.
(d) Whoever willfully violates this section
shall be fined not more than $10,000 for each
violation.
Sec 703. (a) Schedule 8. part 1, subpart
B of the Tariff Schedules of the United States
(19 U.S.C. 1202) Is amended —
(1) by striking out Item 807.00;
(2) by striking out Item 806.30;
(3) by striking out headnote 3; and
(4) by redesignating headnote 4 as head-
note 3.
(b) The amendments made by subsection
(a) shall apply with respect to articles en-
tered, or withdrawn from warehouse, for con-
sumption after the ninetieth day after the
date of the enactment of this Act.
Sec. 704. Section 481(a) of the Tariff Act
of 1930 (19 U.S.C. 1481(a)) Is amended—
(1) by redesignating paragraph (10) there-
of as paragraph (11):
(2) by striking out "and" at the end of
paragraph (9); and
(3) by inserting Immediately after such
paragraph (9) the following new paragraph:
"(10) Such Informatlan as to product de-
scription as Is required to be made a part of
the entry by provisions of the Tariff Sched-
ules of the United States Annotated Issued
pursuant to section 484(e) of this Act; and."
The Foreign Trade and Investment
Act op 1973
(Statement of Senator Hartke)
Mr. President, America Is In the throes of
a foreign trade and Investment crisis. The
whole fabric of a world economy built on
free and fair trade has been weakened by
America's failure to set a course that would
restore order to world markets.
There was a time, Mr. President, when
Individual countries were content to ride out
domestic economic cycles, accepting the bust
as the unfortunate but necessary cost of a
preceding boom. That era drew to a close In
the 1930's when governments around the
world accepted responsibility for achieving
stability In their individual economies.
Despite efforts to stabilize the world econ-
omy following World War II, international
trade cycles were never brought under effec-
tive control. Neither the world nor America
can leave the world market place to a hodge-
podge of national policies and a few be-
leaguered International agreements.
The Foreign Trade and Investment Act of
1973 which I am Introducing today, provides
a new basis for orderly world trade, controls
the worst practices of the transnational
firms, and allows American firms to compete
with Imports on an equitable basis.
The domestic Impact of existing trade poli-
cies has been devastating. In 1971, America
suffered her first deficit In foreign trade — $2.2
billion of red ink. Despite administration ac-
tion to devalue the dollar, the deficit tripled
m 1972 to more than $6 billion.
Many firms and whole Industries have been
lost to "the sudden tide of Imports that start-
ed In the late 1960'6. The personal Impact of
recent trade figures can be found in high
unemployment, lost pensions and weakened
communities.
Blinded by healthy trade surpluses In the
early post war years, America has been slow
to adapt to a rapidly changing world econ-
omy.
While America adhered to the old doctrine
of free trade, a powerful trading block has
arisen In Europe, and Japan has grown Into
an Industrial giant. Using a system of close
government-Industry cooperation, Import
quotas and other trade barriers, and capital
controls, the Japahtese have achieved the
highest rate of growth of any Industrialized
nation. Sheltered by the common barriers
against foreign goods, the European eco-
nomic community has shown a similar,
though not quite as spectacular, record.
The post-war era has also witnessed the
rapid growth of the transnational firm. The
book value of direct investments by the U.S.-
based transnatlonals grew from $32 billion In
1960 to $78 billion In 1970. Over the same
period, plant and equipment expenditures by
U.S. corporations rose 60 percent faster
abroad than they did In the United States.
In part, responding to favorable tax treat-
ment and America's old line free trade poli-
cies, more than 8,000 subsidiaries of Ameri-
can firms have been established overseas.
Following this flow of capital and firms Is
American technology and know-how. Fre-
quently developed at the great expense of
American tax dollars, this technology fuels
economies of foreign lands at our expense.
Our International trade policies have col-
lapsed, American Industries are Injured and
several million Americans are unemployed.
Yet this administration has no policy to
meet this crisis. Instead, there Is a surcharge
here, an antl-dumplng hearing there. We
hear much talk of new studies, long-term
on-going negotiations and the long-term
effects of currency realignment, but there Is
still no administration trade policy.
To deal with this state of anarchy and dis-
array, I am reintroducing the first really
comprehensive trade bill In this decade. The
Foreign Trade and Investment Act of 1973 Is
designed to put our industry on an even foot-
ing with foreign competition and to make
domestic Investment just as attractive as
Investment abroad.
To meet the huge deficits in the balance
of payments and the balance of trade, I pro-
po.se a system of import quotas. Based on the
relationship between Imports and domestic
production in the 1965-1969 period, this"
measure would stabilize Imports, preserve
domestic industry and keep hundreds of
thousands of jobs In America. Under my
plan, imports would continue to grow In con-
cert with domestic production, preserving
the 1965-1969 relationship. Our trading part-
ners would be assured of a steadily expand-
ing market while our domestic Interests
would be fully protected.
The Foreign Trade and Investment Act
moves to bring back tax equity In, the treat-
ment of the purely American and the trans-
national firm.
At present, our tax laws make an overseas
Investment more attractive than one In In-
diana or New York. For example. profiU
earned by a foreign subsidiary of an Ameri-
can firm are not taxed until they are re-
patriated. To the extent that the firm does
pay taxes to a foreign government, these
taxes count as a dollar for dollar credit
against any Federal tax liability.
Profits made in Indiana are taxed when
earned. And taxes paid to the State of In-
diana can only be taken as deductions against
gross income rather than as a Federal tax
credit. My bill wUl plug both of these gaping
loopholes through which American capital,
technology and Jobs have poured.
Although most countries regulate their
technology and carefully control outflows of
capital. America has largely left these mat-
ters In private hands. In the past. American
transnational firms contributed to the fall of
the dollar by pursuing their own corporate
ends in international currency speculation.
Plants are closed, new Inventions are Im-
mediately licensed overseas, workers are
thrown out of work, and all because ol some
private calculation of short term proat. There
Is no reason why the world's greatest democ-
racy should leave her trade and investment
pollcv In the hands of a few. The Foreign
Trade and Investment Act will bring these
practices under national control for the first
time by empowering the FYesldent to limit
capital and technology flows where they
would have an adverse effect on domestic
employment.
The world of the nlneteen-seventles is
vastly different from preceding eras. Trans-
portation costs have plummeted downward,
communications are vastly improved, multi-
national organizations and corporations
abound, and most countries are pursuing na-
tionalistic trade policies or seeking to indus-.
trlalize behind carefully designed tariff walls.
By restoring the attractlveneiis of domestic
Investment, controlling predatory trade prac-
tices and regulating the American based
transnational firm, the Hartke approach to
trade policy wUl put America back on the
path to a world of free and fair trade.
By Mr. CRANSTON (by request) :
S. 158. A bill to insure the free flow of
information to the public. Referred to
the Committee on the Judiciary.
FREE FLOW OF INFORMATION ACT
Mr. CRANSTON. Mr. President, as a
former news service correspondent. I feel
strongly that the news media and the
press must have maximum legal protec-
tion to meet their responsibilities in a
free and open society.
The first amendment which guaian-
tees freedom of the press is not a piece of
special interest legislation for the news
and publishing industries. It is a govern-
mental guarantee to a free people with-
out which they could not remain free
for long.
For a society to be truly free, it must
have a press that is truly free. One of
the fundamental services that a free
press renders to a free people is to watch-
dog the varioas levels of government, the
officialdom and the bureaucracy who
handle the people's money and who
wield awesome powers over people's lives
and freedoms.
The press must be kept free to con-
tinue to expose corruption and lawless-
ness in high places, in and out of gov-
ernment. The basic purpose is to protect
not the press, but to protect the people.
Last June 29 the U.S. Supreme Court,
in its landmark 5 to 4 Caldwell decision,
ruled In efTect that the press does not
possess an absolute right to protect its
260
CONGRESSIONAL RECORD — SENATE
January ^, 1973
E ews sources against compulsory disclo-
s ire. The following day I introduced a
bill that would provide that protection,
b lit it was limited only to Federal courts
a nd other Federal bodies.
Unfortunately, most of the current
controversy over press freedoms have
arisen at the State and local levels not
overed by my original bill.
News sources seem to be losing at the
S tate level the very protection many of
Ds in Congress are trying to give them
a t the Federal level. We must act to pro-
t;ct press freedoms at both levels.
Recent lower court rulings, under
vhich newsmen have been jailed and
vhich the Supreme Court declined to
rjview. threaten to imdermine various
F ress shield laws enacted by State legis-
lutures. These rulings illustrate that a
number of the 18 so-called State shield
li Lws now in existence do not provide all
tae necessary protection for newsmen
8 nd their sources.
The situation potentially is far worse
1 1 the 32 States that have no shield laws
\ hatever. Despite the increased jeopardy
t ) newsmen and news sources since the
Supreme Court's June decision, none of
t lose States has passed protective legis-
1 Ltlon. , ^ ^.
Mr. President. I introduce at the re-
quest of the American Newspaper Pub-
1 shers Association, a bill titled the Free
I low of Information Act which prohibits
any Federal or State proceeding from
compelling newsmen to disclose their
sources or any information they obtam
v'hile gathering news but do not use. I
? sk unanimous consent that the text of
t le bill be printed at this point m the
IlECORD.
There being no objection, the bill was
c rdered to be printed In the Record, as
follows:
S. 158
Be it enacted by the Senate and House
o' Representatives of the United States of
/ merica in Congress assembled. That this
^ ct may be cited as the "Free Flow of In-
f >rmatlon Act."
Sec. 2. The Congress finds and declares
t lat —
(1) the purpose of this Act Is to Insure
t ^e free flow of news and other information
t D the public: those who gather, write or edit
i ^formatlon for the public or disseminate in-
fjrmatlon to the public can perform these
; ital functions only In a free and unfettered
stmosphere; ,,.kh.»h
i2i such persons must not be inhlbltea.
directly or Indirectly, by governmental re-
= tral'.t or sanction Imposed by governmental
t rocess; rather they must be encouraged to
sather wTlte edit or disseminate news or
c ther information vigorously so that the pub-
1 c can be fuUy Informed;
(3) compelling such persons to disclose a
E Durce of information or disclose unpublished
1 ;if ormatlon is contrary to the public Interest
( nd inhibits the free flow of Information to
the public;
(4) there U an urgent need to provide
«ffective measures to halt and prevent thU
i nhibitlon;
(5) the obstruction of the free flow of In-
1 ormatlon through any medium of communi-
< atlon to the public affects Interstate com-
1 nerce;
(6) this Act Is necefsary to Insure the free
1 low of Information and to implement the
'Irst and Fourteenth Amendments and Artl-
< le I. Section 8 of the Constitution.
Sec. 3. No person shall be required to dl»-
iilose In any federal or state proceeding —
(1) the Bource of any published or unpub-
lished Information obtained in the gather-
ing, receiving or processing of Information
for any medium of commxinlcatlon to the
public, or
(2) any unpublished Information obtained
» or prepared In gathering, receiving or proc-
essing of Information for any medium of
communication to the public.
Sec. 4. For the purpose of this Act, the
term —
(1) "Federal or state proceeding" Includes
any proceeding or Investigation before or by
any federal or state Judicial, legislative, ex-
ecutive or administrative body;
(2) "Medium of communication" Includes,
but is not limited to, any newspaper, maga-
zine, other periodical, book, pamphlet, news
service, wire service, news or feature syndi-
cate, broadcast station or network, or cable
television system;
(3) "Information" Includes any written,
oral or pictorial news or other material;
(4) "Published Information" means any
Information disseminated to the p'hbllc by
the person from whom disclosure Is sought;
(5) "tJnpublished Information" Includes
information not disseminated to the public
by the person from whom disclosure Is
sought, whether or not related Information
has been disseminated and Includes, but Is
not limited to, all notes, outtakes, photo-
graphs, tapes or other data of whatever sort
not Itself disseminated to the public through
a medium of communication, whether or not
published information based upon or related
to such material has been disseminated;
(6) "Processing" includes compiling, stor-
ing and editing of information;
(7) "Person" means any Individual, and
any partnership, corporation, association, or
other legal entity existing under or author-
ized by the law of the United States, any
State or possession of the United States, the
District of Columbia, the Commonwealth of
Puerto Rico, or any foreign country.
By Mr. DOLE:
S. 159. A bill to provide for reimburse-
ment of extraordinary transportation ex-
penses incurred by certain disabled in-
dividuals in the production of their in-
come. Referred to the Committee on
Labor and Public Welfare.
THE DISABLED WORKERS TRANSPORTATION
ASSISTANCE ACT
Mr. DOLE. Mr. President, I introduce
today legislation to help solve one of the
most diflBcult problems faced by many
disabled Americans. The problem to
which I refer is the excessive, indeed
monumental, transportation expenses in-
curred by certain handicapped individ-
uals as they attempt to pursue gainful
employment to support themselves and
their families.
Transportation has always been a very
critical area for the handicapped. Many
efforts have been made to improve the
routing, accessibility and availability of
transportation for them. These efforts
have been conducted on private and pub-
lic levels. And many who otherwise would
be deprived of vital mobility have been
served and are now able to move about
their cities and towns and enjoy a more
normal existence at work or at leisure.
These programs have been invaluable
to many, but they have not been able to
serve the group of employed or employ-
able handicapped whose disabilities pre-
vent them from using public transporta-
tion. Their needs are so great that no
present system can provide for them, for
each Individual requires a personalized
service that is too costly for the Individ-
ual to afford or for the public or private
agencies to supply.
I would point out that people fortunate
enough to make private transportation
arrangements to and from work, pay
anywhere from $50 to $75 a week. But the
statistics for those who are imable to
make any transportation arrangements
tell an even more serious story. The ur-
ban employment survey indicated that In
1966 the median earnings of the 1.15
million full-time and part-time workers
who were unable to use public transpor-
tation because of disability was $2,350.
Half of these were part-time workers,
31,000 of whom made less than $20 per
week. The median earnings of full-time
handicapped workers unable to use pub-
lic transportation was $2,520, or three-
fourths the poverty level for a family of
four at that time. Only 10 percent of
handicapped workers unable to use pub-
lic transportation made over $7,200 a
year.
Clearly, this is a deplorable situation.
Here are men and women who want to
work, who are in fact able to work, but
their ability to earn and to contribute to
their support and to the self-esteem
which comes from being a contributing
member of society. Is stifled by their in-
ability to get to and from jobs. This sit-
uation is one of the most disturbing
wastes of human resources of which I am
aware, and it demands prompt and
strong action to provide a remedy. This
bill is a step toward removing one bar-
rier. I Esk imanimous consent that the
text of this bill be printed at the con-
clusion of my remarks and invite my col-
leagues to join in support of this impor-
tant measure.
TRANSPORTATION REIMBURSEMENTS
Cash reimbursements would be pro-
vided to certain disabled persons who In-
cur extraordinary transportation ex-
penses in the production of their income
solely because of the limitations Imposed
by their disability. Reimbursements
would not exceed 50 percent of the han-
dicapped person's gross income or $20 per
week, or $1,000 per year, whichever is
less. Payments would be made either
quarterly or in advance, if proper appli-
cation based on estimated expenses Is
submitted.
The measure directs the Secretary of
Health, Education, and Welfare to pre-
scribe standards for the submission of
applications and to set up provisions for
the renewal of applications. The Secre-
tary would utilize the facilities and serv-
ices of State vocational rehabilitation
agencies to process and verify state-
ments made by applicants.
I believe this legislation will pay price-
less dividends. It will enable Individuals
who want to work to travel to and from
their jobs. It will enhance the incomes of
persons whose unique needs demand spe-
cial expenditures over and above those
incurred by most individuals — even those
with handicaps. It will supply a signifi-
cant measure of self-respect and self-
confidence to the lives of the people It
will benefit. And It will end the continu-
ing waste of these precious human re-
sources and potentials.
Januanj h, 1973
CONGRESSIONAL RECORD — SEN ATE
261
MAKING WAY FOR FULL POTENTIAL
It would seem to me that there Is no
more valuable action that Congress can
take than to remove impediments to the
realization of our citizens' potentials and
inner worth — whether in the field of civil
rights, equality of the sexes, or, as here,
the handicapped. This is what America
is all about — the freedom for everyone
to live up to his God-given abilities.
Neither race nor sex nor frailty of body
or mind should be allowed to stand as
an impediment to that fundamental ful-
fillment. This bUl is a step toward re-
moving one barrier. I ask unanimous con-
sent that the text of this bill be printed
at the conclusion of my remarks and
invite my colleagues to join in support
/ of this important measure.
There being no objection, the bill was
ordered to be printed in the Record, as
follows:
8. 159
Be it enacted by the Senate and House of
Representatives of the United States of Amer-
ica in Congress assembled, That this Act may
be cited as the "Disabled Workers Transporta-
tion Assistance Act".
PtTRPOSE
Sec 2. It is the purpose of this Act to
provide for cash reimbursement to certain
disabled workers who Incur extraordinary
transportation expenses In the production of
their income solely because of the limitations
imposed on them by their disability.
DEFINITIONS
Sec 3. For the purposes of this Act —
(1) The term "transportation-handicapped
worker" means an individual with a physical
or mental dlsabUlty, as defined by the Secre-
tary, who —
(A) Is employed part or full time In a gain-
ful occupation;
(B) because of his disability, has only
limited ability to use available mass public
transportation faculties with reasonable ease
or safety for the journey-to-work;
(C) because of his dlsabUlty, is expected
to be static or to be only slowly progressive
in acquiring the ability to use available mass
public transportation faculties with reason-
able ease or safety; and
(D) because of his disability, training or
practice is not expected to Improve signifi-
cantly his abUlty to use available mass public
transportation faculties.
(2) The term "employed" means being en-
gaged In a gainful occupation which Is re-
munerated in cash or in kind for services
rendered.
(3) The term "Journey-to-work" means
the total amount of travel from the place
of residence to the place of employment and
return therefrom.
(4) The term "mass public transportation
facility" means regularly scheduled services
provided by bus or raU, or slmUar vehicle,
which are available to the public at large
under an established schedule of fares.
(5) The term "extraordinary transporta-
tion expenses" means the total expense (In-
cluding expenses for personal assistance
when required) incurred by an individual In
his ]ourney-to-work that is in excess of 3
percent of such Individual's adjusted gross
Income (as defined in the Internal Revenue
Code of 1954) , reduced by —
(A) the amount of any deductions claimed
under section 212 or 214 of the Internal Reve-
nue Code of 1954; and
(B) any amount received as reimburse-
ment for or subsidy of such transportation
expenses.
Reimbursement shall not be made for ex-
traordinary transportation expenses which
exceed actual expenses incurred, or an
amount that Is In excess of 50 percent of such
Individual's gross Income (as defined In the
Internal Revenue Code of 1954). or $20 per
week, or $1,000 per year, whichever is less.
(6) The term "Secretary" means the Secre-
tary of Health, Education, and Welfare.
(7) The term "State" means a State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, and a terri-
tory or possession of the United States.
REIMBURSEMENT
Sec. 4. (a) The Secretary shall reimburse
each transportation-handicapped worker for
extraordinary transportation expenses In-
cxirred by him upon a declaration by such
worker that he is entitled to such reimburse-
ment under the provisions of this Act.
(b) Reimbtirsement payments under this
Act shall be made quarterly and may be made
in advance upon application therefor, ex-
cept that —
(1) in the case of any transportation re-
lated expenses which cannot be attributed
entirely to the Jo\irney-to-work. reimburse-
ment shall be made only to the extent that
such expenses are directly attributable to the
Journey-to-work; and
(2) any transportation expenses Incurred
by an Individual who uses, unassisted, avail-
able mass transportation facilities as his sole
mode of transportation In his journey-to-
work sbaU not be reimbursable under this
Act.
(c) Application for reimbursement vmder
this section shall be made In such manner
and contain such Information as the Secre-
tary shall by regulation require. Including in
the case of advance payments, an estimate
of expenses to be incurred during the period
for which such advance payments are re-
quested. The Secretary shall prescribe stand-
ards for the submission of applications and
periods for renewal of such applications.
(d) The Secretary' is authorized to co-
operate with and utUlze the faculties and'
services of appropriate State vocational re-
habUltation agencies to process applications
and verify, on a continuing basis, the state-
ments made by any applicant for reimburse-
ment payments under this Act.
INCOME DISREGARD
Sec. 5. (a) In order for any State to receive
any payment or other benefit under any title
of the Social Security Act, with respect to ex-
penditures for any quarter beginning on or
after the date on which this Act becomes ef-
fective, such State must have In effect an
agreement with the Secretary under which it
wUl (1) disregard any amount received by
an individual under this Act in determining
eligibility for or the amount of any benefit
paid under any public assistance program,
and (2) disregard any amount received by
an Individual under this Act In determining
the amount of such Individual's Income for
the purpose of computing State Income tax
liability if such State Imposes a tax on per-
sonal Income.
(b) Any amount received by an individual
under this Act shall be disregarded in deter-
mining eligibility for or the amount of any
benefit paid under any Federal assistance
or Bid program and In determining the
amount of such individual's Income for the
purpose of computing his liability for per-
sonal Income tax under the Internal Revenue
Code for 1954.
EVALUATION AND REPORT
Sec. 6. The Secretary, or his delegate, shall
conduct a thorough and complete study of
the Impact of the cash reimbursement pro-
gram provided for under this Act on the re-
habUltatlon of disabled Individuals to deter-
mine the program's merits and cost-effective-
ness as compared to other possible approaches
to the problem of the transportation-handi-
capped worker and shall report his findings
and recommendations to the Congress not
later than January 1, 1975.
AUTHORIZATION OP APPROPRIATIONS
Sec. 7. There are hereby authorized to be
appropriated for the fiscal year beginning
July 1, 1972, and for each of the next suc-
ceeding four fiscal years such sums as may
be necessary to carry out the purposes of this
Act.
By Mr. CRANSTON (for himself
and Mr. Tunney > :
S. 164. A bill to create marine sanctu-
aries from leasing pursuant to the Outer
Continental Shelf Lands Act in areas off
the coast of California adjacent to
State-owned submerged lands in which
such State has suspended leasing for
mineral purposes ;
S. 165. A bill to create a marine sanctu-
ary' from leasing pursuant to the Outer
Continental Shelf Lands Act in an area
off the coast of California adjacent to
State-owned submerged lands in which
such State has suspended leasing for
mineral purposes ;
S. 166. A bill to create a marine sanctu-
ary- from leasing pursuant to the Outer
Continental Shelf Lands Act in an area
off the coast of California adjacent to
State-owned .submerged lands in which
such State has suspended leasing for
mineral purposes ;
S. 167. A bill to create a marine sanctu-
ary from leasing pursuant to the Outer
Continental Shelf Lands Act In an area
off the coast of California adjacent to
State-owned submerged lands in which
such State has suspended leasing for
mineral purposes ;
S. 168. A bill to create a marine sanctu-
ar>' from leasing pursuant to the Outer
Continental Shelf Lands Act in an area
off the coast of California adjacent to
State-owned submerged lands in which
such State has suspended leasing for
mineral purposes ;
S. 169. A bill to create a marine sanctu-
ary from leasing pursuant to the Outer
Continental Shelf Lands Act in an area
off the coast of California adjacent to
State-owned submerged lands in which
such State has suspended leasing for
mineral purposes ;
S. 170. A bill to create a marine sanctu-
ary from leasing pursuant to the Outer
Continental Shelf Lands Act in an area
off the coast of California adjacent to
State-owned submerged lands m which
such Statev-has suspended leasing for
mineral purposes ;
S. 171. A bill to create a marine sanctu-
ary from leasing pursuant to the Outer
Continental Shelf Lands Act in an area
off the coast of California adjacent to
State-O'wned submerged lands in which
such State has suspended leasing; and
S. 172. A bill to create a marine sanctu-
ary from leasing pursuant to the Outer
Continental Shelf Lands Act in an area
off the coast of California adjacent to
State-owned submerged lands in which
such State has suspended leasing for
mineral purposes. Referred to the Com-
mittee on Interior and Insular Affairs.
CALIFORNIA M.^R^^^E SANCTUARY BILLS
Mr. CRANSTON. Mr. President, I in-
troduce for appropriate reference nine
bills to designate in Federal waters ma-
rine sanctuaries seaward of those desig-
nated in State water? by the State of
California.
Since 1955, the State of California has
1^2
CONGRESSIONAL RECORD — SENATE
January ^, 1973
passed legislation prohibiting oil. gas.
a nd other mineral development activities
on 10 stretches of California's coastal
t delands. One of the largest sections
s retches from Newport Beach down the
1: istoric coast of Orange and San Diego
C ounties to the Mexican border. The oflf-
s lore islands of San Clemente and Santa
( atalina were set aside as were the heav-
i y used metropolitan beaches of Los
Angeles and the magnificent 16-mile
stretch of Santa Barbara beach — where
t le January 1969 blowout beneath plat-
fjrm A occurred in Federal waters just
c utside the State sanctuary, resulting in
Urrible pollution of the "protected"
£ anta Barbara beaches. The rugged and
t nspoiled coast of San Luis Obispo Coun-
ti.- completed the 1955 actions.
In 1963. two additional northern Call-
f)rnia coastal sites were designated as
£ tate sanctuaries : Monterey Bay. which
\ layed a major role in California's early
Y istory, as well as the desolate grandeur
cf the Big Sur shoreline and the wild,
r?dwood lands of Humboldt and Men-
c ocino Counties.
In 1'969. after the Santa Barbara blow-
c ut and spill, the sanctuary in Monterey
1 iay was extended northward to the bor-
ccr of Santa Cruz County. These areas
c onstituted approximately one-fourth of
tie California coastline and were the
r reas to which I referred when introduc-
i ig seven similar bills in the 92d Con-
£ ress. Since then, the Califorria Legisla-
ture has designated additional sanc-
taaries. Presently, the entire State-
c wned tidelands of Del Norte County, up
t3 the Oregon border are protected, and
additional areas in the central coastal
£rea now protect as oil-free sanctuaries
t rie entire tidelands stretching from the
.'' juthern boundary of San Luis Obispo
County to the northern boundary of
Sonoma County. Cons*iuently, in addi-
tion to the bills I introduced in the 92d
Congress. I have added new language to
( stablish marine sanctuaries in the Fed-
eral v.-ater seaward of the new State
.sanctuaries.
I wish to note that I have purposely
l;ft out the State sanctuaries in Santa
Itarbara County and surrounding the
Channel Islands. The reason for this
c mission is that I (lo not want to confuse
t he issues raised by the present oil drill-
iig activities in the Santa Barbara
(Channel with the more general issue of
( irecting the Federal Government to ac-
knowledge the wishes of the people of
California by protecting the Federal
i.aters seaward of the State sanctuaries.
Mr. President, I doubt that many of
imy colleagues come from States which
liave prohibited the production of oil on
y ast stretches of State-controlled tide-
] inds. The only State I know of which is
( eveloping a comparable prohibition on
( rilling in the tidelands is Florida.
By voting to prohibit oil development
(n portions of its tidelands, California
]ias voted to deny itself the substantial
bonuses, rents, and royalties which would
How into the State treasury from such
1 eases."
California has voted to deny itself the
: State income and property taxes which
' his oil development would produce.
California has voted to deny itself the
jobs which this potentially major indus-
trial development would provide, as there
are an estimated 5.7 billion barrels of oil
locked up in the protected State sanctu-
aries.
Mr. President, I firmly believe that It
is the duty of the Federal Government to
be responsive to these local efforts. Al-
lowing oil and gas development activi-
ties to go on in the Federal waters just
outside the State sanctuaries makes a
mockery of these sincere local efforts to
protect California's unique scenic coast-
,line.
- 1 do not believe that such action is in
the best interests of the Federal Govern-
ment, and it is. therefore, the purpose of
this new series of bills to recognize the
validity of the State's wishes that there
be no oil and gas development along
certain segments of its coast by designat-
ing marine sanctuaries seaward of the
State sanctuaries.
Mr. President, I ask unanimous con-
sent that the full text of each of the nine
bills be printed in the Record at this
point.
, There being no objection, the bills were
ordered to be printed in the Record, as
follows :
S. 164
A bill to create marine sanctuaries from
leasing pursuant to the Outer Continental
Shelf Lands Act In areas off the coast of
California adjacent to State-owned sub-
merged lands in which such State has
suspended leasing for mineral purposes
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That this
Act may be cited as the "California Marine
Sanctuary Act".
Sec. 2. The Congress finds and declares that
the shoreline of the State of California, and
the lands beneath navigable waters and the
Outer Continental Shelf off such shoreline,
are rich in a variety of natural, commercial,
•recreational, and esthetic resources of Im-
• medlate and potential value to the present
and future generations of Americans; that
many of these areas are In danger of dam-
age or destruction by commercial and Indus-
trial development; and that it Is the policy
of Congress to preserve, protect, restore, make
accessible for the benefit of all the people,
and encourage balanced use of selected por-
tions of such areas.
Sec. 3. (a) The Secretary of the Interior
shall, effective as of the date of enactment of
this Act. suspend all further leasing pursuant
to the Outer Continental Shelf Lands Act
for the exploration for or extraction of oil,
gas. or any other mineral In any portion of
the Outer Continental Shelf seaward of each
of the areas described In subsection (b) In all
of which such State ha.s provided by law that
leases will not be Issued by such State for
the exploration for, or extract the pro-
duction of any oil. gas, or other mineral.
The Secretary shall determine such seaward
portion by extending seaward the boundaries
of each such State area In a parallel manner
adjusted as determined by the Secretary to
conform to lease tract boundaries.
(b) Such areas are as follows:
Area Numbered 1. The San Diego and
Orange County Sanctuary.
Beginning at the point of the Intersection
of the ordinary high-water mark of the Pacific
Ocean with the southern boundary of San
Diego County; thence In a generally northerly
direction along said ordinary high-water
maric to the northerly city limits of the city
of Newport Beach, Orange County; thence
southerly and westerly three nautical mlle»to
a point In the Pacific Ocean; thence In a gen-
erally southerly direction parallel to said
ordinary high-water mark to a point in the
Pacific three nautical miles west from the
point of beginning.
Area Numbered 2. The Santa Catalina
and San Clemente Islands Sanctuary.
The tide and submerged lands surround-
ing the Islands of San Clemente and Santa
Catalina waterward of the ordinary high-
water mark of the Pacific Ocean on such
islands to a distance three nautical miles
therefrom.
Area Numbered 3. The Los Angeles County
Sanctuary.
Beginning at the point of intersection of
the ordinary hlghwater mark of the Pacific
Ocean with the southerly point of Point
Permin; thence In a generally northerly and
westerly direction along said ordinary high-
water mark to the Ventura County line;
thence due south three nautical miles to a
point In the Pacific Ocean; thence In a gen-
erally easterly and southerly direction paral-
lel to said ordinary high-water mark to a
point In the Pacific Ocean three nautical
miles due south from the point of begin-
ning; thence due north to the point of begin-
ning.
Area Numbered 4. The San Luis Obispo
County Sanctuary.
All those tide and submerged lands being
In the County of San Luis Obispo and lying
within an area beginning at a point on the
ordinary high-water mark of the Pacific
Ocean at the northern boundary of San Luis
Obispo County, thence southerly along the
ordinary high-water mark of the Pacific
Ocean to the southern boundary of San Luis
Obispo County; thence on a line due west a
distance of three nautical miles to a point;
thence northerly on a line parallel to the
ordinary high-water mark of the Pacific
Ocean to a point which lies due west a dis-
tance of three nautical miles from the point
of beginning; thence due east to the point
of beginning.
Area Numbered 5. The Monterey and Santa
Cruz Counties Sanctuary.
All those tide and submerged lands being
In the Counties of Monterey and Santa Cruz
and lying within an area beginning at the
Intersection of the ordinary high water mark
of the Pacific Ocean and the northern boun-
dary of Santa Cruz County; thence southerly
along the ordinary high-water mark of the
Pacific Ocean to the southern boundary of
Monterey Cotmty; thence on a line due west
Into the Pacific Ocean a distance of three
nautical miles to a point; thence northerly
on a line parallel to the ordinary high-water
mark of the Pacific Ocean to a point which
lies due west of the point of beginning;
thence due east to the point of beginning.
Area Numbered 6. The Golden Gate Sanc-
tuary.
Ali those tide and submerged lands being
in the Counties of Sonoma, Marin, San Fran-
cisco and San Mateo and lying within an
area beginning at the Intersection of the
ordinary hlgh-wat«r mark of the Pacific
Ocean and the northern boundary of Sonoma
County; thence southerly along the ordinary
high-water mark of the Pacific Ocean to the
southern boundary of San Mateo County;
thence on a line due west Into the Pacific
Ocean a distance of three nautical miles to
a point; thence northerly on a line parallel
to the ordinary high-water mark of the Pa-
cific Ocean to a point which lies due west a
distance of three nautical miles from the
point of beginning; thence due east to the
point of beginning.
Area Numbered 7. The Humboldt and
Mendocino Counties Sanctuary.
All those tide and submerged lands being
in the Counties of Humboldt and Mendocino
and lying within an area beginning at the
intersection of the ordinary high-water mark
of the Pacific Ocean and the south line of
township 5 south. Humboldt base line;
thence northerly and westerly along the ordl-
Januarij 4, i073
CONGRESSIONAL RECORD — SEN ATE
263
narv high-water mark of the Pacific Ocean to
the intersection of said high-water mark and
the north line of township 1 north, Humboldt
base line; thence due west to a point In the
Pacific Ocean, said point being three nautical
mUes from the ordinary high- water mark;
thence in a southerly and easterly direction,
parallel to and three nautical miles distant
from said high-water mark to a point due
west from the point of beginning; thence due
east to the point of beginning.
Area Numbered 8. The Del Norte County
Sanctuary. ^ ^ .
All the tide and submerged lands being In
the County of Del Norte and lying within an
area beginning at the intersection of the
ordinary high-water mark of the Pacific
Ocean and the northern boundary of Del
Norte County; thence southerly along the
ordinary high-w.-aer mark of the Pacific
Ocean to the southern boundary of Del
Norte County; thence on a line, due west
into the Pacific Ocean a distance of three
nautical miles to a point; thence northerly
on a line parallel to the ordinary high-
water mark of the Pacific Ocean to a point
which lies due west of the point of begin-
ning; thence due east to the point of begin-
ning.
Sec. 4. Any suspension of leasing In an
are.1 of the Continental Shelf pursuant to
section 3 shall be terminated by the Secre-
tary of the Interior If the State of California
revokes the law enacted by such State pro-
hibiting exploration for extraction of oil,
gas, or other minerals in the entire area of
such State described in section 3(b) which
is adjacent to such area of the Continental
Shelf.
Sec. 5. Nothing In this Act shall be
deemed—
(1) to authorize the Secretary of the Inte-
rior to terminate any lease or to refuse to
renew any lease with a right of renewal; or
(2) to prohibit or limit any presently
existing powers of the Secretary of the Inte-
rior to grant rights of way; cr
(3) to prohibit any exploration of the
Outer Continental Shelf: or
(4) to grant to the State of California
any title or jurisdiction over any portion of
the Outer Continental Shelf.
Sec. 6. In any case in which the State of
California at any time after the date of
enactment of this Act suspends or ter-
minates all mineral leasing in any area of
lands beneath navigable waters in such State
in which no previous production of, minerals
was allowed, the Secretary of the Interior
shall report to the President and the Con-
gress his recommendations with respect to
any suspension of mineral leasing in the
area of the Outer Continental Shelf seaward
of such State area.
Sec. 7. The President is authorized to
terminate any suspension pursuant to section
3 during any national emergency declared
after the date of enactment of this Act.
Sec. 8. For the purpose of this Act —
(1) the term ''lands beneath navigable
waters" has the meaning prescribed In the
Submerged Lands Act:
(2) the term "Outer Continental Shelf"
has the meaning prescribed hi the Outer Con-
tinental Shelf Lands Act;
(3) the term "coastline" means the line
of ordinary low water along that portion of
the coast which Is in direct contact with the
open sea and the line marking the seaward
limit of Inland waters; and
(4) the term "lease" rneans any permit.
contract or any other forni of authorization.
Sec. 9. If any provision of this Act, or any
section, subsection, sentence, clause, or cir-
cumstance is held invalid, the validity of the
remainder of the Act and of the application
of any such provision, section, subsection,
sentence, clause, phrase, or individual word
to other persons and circumstances Is not
affected thereby.
S. 165
A bill to create a marine sanctuary from
leasing pursuant to the Outer Continental
Shelf Lands Act In an area off the coast of
California adjacent to State owned sub-
merged lands in which such State has sus-
pended leasing for mineral purposes
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That this Act
may be cited as the "San Diego and Orange
County Marine Sanctuary Act".
Sec. 2. The Congress finds and declares that
the shoreline of the State of California, and
the lands beneath navigable waters and the
Outer Continental Shelf off such shoreline,
are rich in a \ariety of natural, commercial,
recreational, and esthetic resources of Im-
mediate and potential value to the present
and future generations of Americans; that
many of these areas are in danj^er of damage
or destruction by commercial and industrial
development; and that it is the policy of
Congress to preserve, protect, restore, make
accessible for the benefit of all the people,
and encourage balanced use of selected por-
tions of such areas.
Sec. 3. (a) The Secretary of the Interior
shall, effective as of the date of enactment
of this Act, suspend all further leasing pur-
suant to the Outer Continental Shelf Lands
Act for the exploration for or extraction of
oil. gas, or any other mineral in the portion
of the Outer Continental Shelf seaward of the
area described in subsection (b) in which
such State has provided by law that leases
will not be issued by such State for the ex-
ploration for or extraction of oil, gas, or any
other mineral; and has not previously al-
lowed the production of any oil. gas or other
mineral. The Secretary shall determine such
seaward portion by extending seaward the
boundaries of such State area In a parallel
manner adjusted as determined by the Sec-
retary to conform to lease tract boundaries.
( b) Such area is as follows:
The San Diego and Orange County Seinctu-
ary.'
Beginning at the point of the Intersec-
tion of the ordinary high-water mark of the
Pacific Ocean with the sotithern boundary
of San Diego County; thence in a generally
northerly direction along said ordinary high-
water mark to the northerly city limits of
the city of Newport Beacli. Orange County;
thence "southerly and westerly three nautical
miles to a point in the Pacific Ocean; thence
in a generally soutlierly direction parallel
to said ordinary high-water mark to a point
in the Pacific three nautical miles west from
the point of beginning.
Sec. 4. Any suspension of leasing in the
area of the continental shelf pursuant to
section 3 shall be terminated by the Secretary
of the Interior if the State of California re-
vokes the law enacted by such State pro-
hibiting exploration for extraction of oil,
gas. or other minerals In the entire area of
such State described In section 3(b) which
Is adjacent to such area of the Continental
Shelf.
Sec. 5. Nothing in this Act shall be
deemed—
(1) to authorize the Secretary of the In-
terior to terminate any lease or to refuse to
renew any lease with a right of renewal; or
(2) to prohibit or limit any presently exist-
ing power of the Secretary of the Interior to
grant rights of way; or
(3) to prohibit any exploration of the
Outer Continental Shelf: or'
(4) to grant to the State of California any
title or jurisdiction over any portion of the
Outer Continental Shelf.
Sec. 6. In any case in, which the State of
California at any time after the date of en-
actment of this Act suspends or terminates
all mineral leasing in any area of lands be-
neath navigable waters in such State In
which no previous production of minerals
was allowed, the Secretary of the Interior
shall report to the President and the Con-
gress his recommendations with respect to
any suspension of mineral leasing In the area
of the Outer Continental Shelf seaward of
such State area.
Sec. 7. The President Is authorized to ter-
minate any suspension pursuant to section 3
during any national emergency declared after
the date of enactment of this Act.
Sec. 8. For the purposes of this Act —
(1) the term "lands beneath navigable
waters" has the meaning prescribed in the
Submerged Lands Act;
(2) the term "Outer Continental Shelf"
has the meaning prescribed In the Outer
Continental Shelf Lands Act;
(3) the term "coastline" means the line of
ordinary low water along that portion of the
coast which Is In direct contact with the open
sea and the line marking the seaward limit
of inland waters; and
(4) the term "lease" means any permit,
contract, or any other form of authorization.
Sec. 9. If any provision of this Act, or any
section, subsection, sentence, clause, or cir-
cumstance Is held Invalid, the validity of
the remainder of the Act and of the ap-
plication of any such provision, section, sub-
section, sentence, clause, phrase, or individ-
ual word to other persons and circumstances
is not affected thereby.
S. 166
A bill to create a marine sanctuary from
leasing pursuant to the Outer Continental
Shelf Lands Act In an area off the coast of
California adjacent to State owned sub-
merged lands in which such State has sus-
pended leasing for mineral purposes
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That this
Act may be cited as the "Santa Catalina and
San Clemente Islands Marine Sanctuary
Act".
Sec. 2. The Congress finds and declares that
the shoreline of the State of California, and
the lands beneath navigable waters and the
Outer Continental Shelf off such shoreline,
are rich in a variety of natural, commercial,
recreational, and esthetic resources of im-
mediate and potential value to the present
and future generations of Americans; that
many of these areas are in danger of damage
or destruction by commercial and industrial
development; and that It Is the policy of
Congress to preserve, protect, restore, make
accessible for the benefit of all the people,
and encourage balanced use of selected por-
tions of such areas.
Sec. 3. (a) The Secretary of the Interior
shall, effective as of the date of enactment
of this Act. suspend all further leasing pur-
suant to the Outer Continental Shelf Lands
Act for the exploration for or extraction of
oil, gas. or any other mineral in the portion
of subsection (b) in which such State has
provided by law that leases will not be Is-
sued by such State for the exploration for
or extraction of oil, gas. or any other mineral:
and has not previously allowed the produc-
tion of any oil. gas or other mineral. The Sec-
retary shall determine such seaward portion
by extending seaward the boundaries of such
State area in a parallel manner adjusted as
determined by the Secretary to conform to
lease tract boundaries.
(b) Such area is as follows:
The Santa Catalina and San Clemente Is-
lands Sanctuary.
The tide and submerged lands surround-
ing the Islands of San Clemente and Santa
Catalina waterward of the ordinary high-
water mark of the Pacific Ocean on such is-
lands to a distance three nautical mUes
therefrom.
Sec. 4. Any suspension of leasing In the
area of the continental shelf pursuant to sec-
tion 3 shall be terminated by the Secretary
:!64
CONGRESSIONAL RECORD — SENATE
January 4, 1978
( if the Interior U the State of California re-
' okes the law enacted by such State pro-
; ilbltlng exploration for extraction of oil, gas,
ir other minerals in the entire area of such
1 itate described In section 3(b) which is
I ,djacent to such area of the continental
helf.
Sec. 5. Nothing in this Act shall be
I leemed —
(1 ) to authorize the Secretary of the In-
erlor to terminate any lease or to refuse
o renew any lease with a right of renewal;
)r
(2) to prohibit or limit any presently ex-
stlng power or the Secretary of the Interior
o grant rights of way; or
(3) to prohibit any exploration of the
)ut€r Continental Shelf; or
(4) to grant to the State of California any
iitle or jurisdiction over any portion of the
3uter Continental Shelf.
Sec. 6. In any case In which the State of
California at any time after the date of
snactment of this Act suspends or terml-
lates all mineral leasing in any area of lands
)eneath navigable waters in such State In
vhlch no previous production of minerals
uras allowed, the Secretary of the Interior
;hall report to the President and the Con-
;res^ his recommendations with respect to
iny suspension of mineral leasing in the
irea of the Outer Continental Shelf seaward
5f such State area.
Sec. 7. The President Is authorized to ter-
nir.ate any suspension pursuant to section
\ during any national emergency decjared
ifter the date of enactment of this Act.
Sec. 8. For the purposes of this Act —
( 1 ) the term "lands beneath navigable
waters" has the meaning prescribed In the
Submerged Lands Act.
(2) the term "Outer Continental Shelf"
las the meaning prescribed In the Outer
Continental Shelf Lands Act;
(3) the term "coastline" means the line
>f ordinary low water along that portion of
:he coast which Is in direct contact with
the open sea and the line marking the sea-
ward limit of Inland waters; and
14) the term "lease" means any rfermit,
;or.tract or any other form of authoriaetlon.
Sec. 9. If any provision of this Act, or any
iectlo«, subsection, sentence, clause, or clr-
;umstances is held Invalid, the validity of
the remainder of the Act and of the appli-
:atlon of any such provision, section, sub-
jection, sentence, clause, phrase, or indi-
vidual word to other persons and circum-
stances is not affected thereby.
S. 167
A bill .to create a marine sanctuary from
leasing pursuant to the Outer Continental
Shelf Lands Act in an area off the coast
of California adjacent to State owned sub-
merged lands In which such State has
suspended leasing for mineral purposes
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That this
Act may be cited as the "Los Angeles County
Marine Sanctuary Act".
Sec. 2. The Congress finds and declares
that the shoreline of the State of California,
and the lands beneath navigable waters and
the Outer Continental Shelf off such shore-
line, ara rich In a variety of natural, com-
mercial, recreational, and esthetic resources
of Immediate and potential value to the
present and future generations of Americans;
that many of these areas are In danger of
damage or destruction by commercial and
industrial development; and that It Is the
policy of Congress to preserve, protect, re-
store, make accessible for the benefit of all
the people, and encourage balanced use of
selected portions of such areas.
Sec. S. (a) The Secretary of the Interior
shall, effective as of the date of enactment
of this Act, suspend all further leasing pur-
suant to the Outer Continental Shelf Lands
Act for the exploration for or extraction of
oil, gas, or any other mineral In the portion
of the Outer Continental Shelf seaward of the
area described in subsection (b) In which
such State has provided by law that leases
will not be Issued by such State for the
exploration for or extraction of oil, gas, or
any other mineral; and has not previously al-
lowed the production of any oil, gas, or other
mineral. The Secretary shall determine such
seaward portion by extending seaward the
boundaries of such State area in a parallel
manner adjusted as determined by the Secre-
tary to conform to lease tract boundaries.
(b) Such area Is as follows:
The Los Angeles County Sanctuary,
Beginning at the point of Intersection of
the ordinary high-water mark of the Pacific
Ocean with the southerly point of Point
Fermln; thence In a generally northerly and
westerly direction along said ordinary high-
water mark to the Ventura County line;
thence due south three nautical miles to a
point in the Pacific Ocean; thence In a gen-
erally easterly and southerly direction paral-
lel to said ordinary high-water mark to a
point In the Pacific Ocean three nautical
mUes due south from the point of beginning;
thence due north to the point of beginning.
Sec. 4. Any suspension of leasing in the
area of the Continental Shelf pursuant to
section 3 shall be terminated by the Secre-
tary of the Interlor'lf the State of California
revokes the law enacted by such State pro-
hibiting exploration for extraction of oil, gas,
or other minerals in the entire area of such
State described In section 3(b) which Is ad-
jacent to such area of the Continental Shelf.
Sec. 5. Nothing In this Act shall be
deemed —
(1) to authorize the Secretary of the In-
terior to terminate any lease or to refuse to
renew any lease with a right of renewal; or
(2) to prohibit or limit any presently exist-
ing power of the Secretary of the Interior to
grant rights of way; or
( 3 ) to prohibit any exploration of the Out-
er Continental Shelf; or
(4) to grant to the State of California any
title or Jurisdiction over any portion of the
Outer '"antlnental Shelf.
Sec 6. In any case In which the State of
California at any time after the date of en-
actment of this Act suspends or terminates
all mineral leasing In any area of lands be-
neath navigable waters In such State in
which no previous production of minerals
was allowed, the Secretary of the Interior
shall report to the President and the Con-
gress his recommendations with respect to
any suspension of mineral leasing In the area
of the Outer Continental Shelf seaward of
such State area.
Sec. 7. The President Is authorized to ter-
minate any suspension pursuant to section
3 during any national emergency declared
after the date of enactment of this Act.
Sec. 8. For the purposes of this Act —
(1) the term "lands beneath navigable
waters" has the meaning prescribed in the
Submerged Lands Act;
(2) the term "Outer Continental Shelf"
has the meaning prescribed In the Outer
Continental Shelf Lands Act;
(3) the term "coastline" means the line of
ordinary low water along that portion of the
coast which is in direct contact with the
open sea and the line marking the seaward
limit of inland waters; and
(4) the term "lease" means any permit,
contract or any other form of authorization.
Sec. 9. If any provision of this Act, or anjj^
section, subsection, sentence, clause, or cir-
cumstance Is held invalid, the validity of the
remainder of the Act and of the application
of any such provision, section, subsection,
sentence, clause, phrase, or Individual word
to other persons and circumstances is not
affected thereby.
S. 168
A bill to create a marine sanctuary from
leasing pursuant to the Outer Continental
Shelf Lands Act In an area off the coast
of California adjacent to State-owned sub-
merged lands In which such State has sus-
pended leasing for mineral purposes
Be it enacted by the Senate and House of
Representatives of the United States of
Avierica in Congress assembled, That this
Act may be cited as the "San Luis Obispo
County Marine Sanctuary Act".
Sec. 2. The Congress finds and declares that
the shoreline of the State of California, and
the lands beneath navigable waters and the
Outer Continental Shelf off such shoreline,
are rich in a variety of natural, commercial,
recreational, and esthetic re'or.rces of Im-
mediate and potential value to the present
and future generations of Americans; that
many of these areas are In danger of damage
or destruction by commercial and Industrial
development; and that It Is the policy of
Congress to preser%'e, protect, restore, make
accessible for the benefit of all the people,
and encourage balanced use of selected por-
tions of such areas.
Sec. 3. (a) The Secretary of the Interior
shall, effective as of the date of enactment of
this Act, suspend all further leasing pursuant
to the Outer Continental Shelf Lands Act
for the exploration for or extraction of oil. gas,
or any other mineral In the portion of the
Outer Continental Shelf seaward of the area
described In subsection (b) In which such
State has provided by law that leases will
not be Issued by such State for the explora-
tion for or extraction of oil, gas, or any other
mineral; and has not previously allowed the
production of any oil, gas, or other mineral.
The Secretary shall determine such seaward
portion by extending seaward the bounda-
ries of such State area In a parallel manner
adjusted as determined by the Secretary to
conform to lease tract boundaries,
(b) Such area Is as follows:
The San Luis Obispo County Sanctuary.
All those tide and submerged lands being
la the County of San Luis Obispo and lying
within an area beginning at a point on the
ordinary high-water mark of the Paciflc
Ocean at the northern boundary of San Luis
Obispo County, thence southerly along the
ordinary high-water mark of the Paciflc
Ocean to the Southern boundary of San Luis
Obispo County; thence on a line due west
Into the Paciflc Ocean a distance of three
nautical miles to a point; thence northerly
on a line parallel to the ordinary high-water
mark of the Paciflc Ocean to a point which
lies due west a distance of three nautical
miles from the point of beginning; thence
due east to the point of beginning.
Sec. 4. Any suspension of leasing in the
area of the continental shelf pursuant to
section 3 shall be terminated by the Secre-
tary of the Interior If the State of California
revokes the law enacted by such State pro-
hibiting exploration for extraction of oil, gas,
or other minerals In the entire area of such
State described in section 3(b) which Is ad-
jacent to such area of the continental shelf.
Sec. 5. Nothing in this Act shall be
deemed —
(1) to authorize the Secretary of the In-
terior to terminate any lease or to refuse to
renew any lease with a right of renewal; or
(2) to prohibit or limit any presently
existing power of the Secretary of the In-
terior to grant rights of way; or
(3) to prohibit any exploration of the
Oviter Continental Shelf; or
(4) to grant to the State of California any
title or Jiirlsdlctlon over any portion of the
Outer Continental Shelf.
Sec. 6. In any case In which the State of
California at any time after the date of enact-
ment of this Act suspends or terminates all
January U, 197 S
CONGRESSIONAL RECORD — SENATE
265
mineral leasing In any area of lands beneath
navigable waters In such State In which no
previous production of minerals was allowed,
the Secretary of the Interior shall report to
the President and the Congress his recom-
mendations with respect to any suspension
of mineral leasing In the area of the Outer
Continental Shelf seaward of such State
area.
Sec. 7. The President is authorized to
terminate any suspension pursuant to sec-
tion 3 during any national emergency de-
clared after the date of enactment of this
Act.
Sec 8. For the purposes of this Act —
(1) the term "lands beneath navigable
waters" has the meaning prescribed In the
Submerged Lands Act;
(2) the term "Outer Continental Shelf"
has the meaning prescribed in the Outer
Continental Shelf Lands Act;
(3) the term "coastline" means the line of
ordinary low water along that portion of the
coast which Is In direct contact with the
open sea and the line marking the seaward
limit of Inland waters; and
(4) the term "lease" means any permit,
contract or any other form of authorization.
Sec. 9. If any provision of this Act, or any
section, subsection, sentence, clause, or cir-
cumstance is held Invalid, the validity of
the remainder of the Act and of the appli-
cation of any such provision, section, sub-
section, sentence, clause, phrase, or Indi-
vidual word to other persons and circum-
stances is not affected thereby.
S. 169
A bill to create a marine sanctuary from
leasing pursuant to the Outer Continental
Shelf Lands Act in an area oft the coast of
California adjacent to State-owned sub-
merged lands in which such State has
suspended leasing for mineral purposes
Be it enactid by the Senate and House of
Representatives of the United States of
America in Covgress assembled, That this
Act may be cited as the "Monterey and Santa
Cruz Sanctuary Act."
Sec 2. The Congress finds and declares
that the shoreline of the State of California,
and the lands beneath navigable waters and
the Outer Continental Shelf off such shore-
line, are rich in a variety of natural, com-
mercial, recreational, and esthetic resources
of immediate and potential value to the
present and future generations of Americans;
that many of these areas are in danger of
damage or destruction by commercial and
Industrial development; and that it Is the
policy of Congress to preserve, protect, re-
store, make accessible for the benefit of all
the people, and encourage balanced use of
selected portions of such areas.
Sec. 3. (a) The Secretary of the Interior
shall, effective as of the date of enactment of
this Act, suspend all further leasing pur-
suant to the Outer Continental Shelf Lands
Act for the exploration for or extraction of
oil, gas, or any other mineral In the portion
of the Outer Continental Shelf seaward of the
area described In subsection (b) In which
such State has provided by law that leases
will not be Issued by such State for the
exploration for or extraction of oil, gas, or
any other mineral; and has not previously
allowed the production of any oil, gas or other
mineral. The Secretary shall determine such
seaward portion by extending seaward the
boundaries of such State area in a parallel
manner adjusted as determined by the Sec-
retary to conform to lease tract boundaries.
(b) Such area is as follows:
The Monterey and Santa Cruz Marine
Sanctuary.
All those tide and submerged lands being
In the Counties of Monterey and Santa Cruz
and lying within an area beginning at the
intersection of the ordinary high water mark
of the Paciflc Ocean and the northern
boundary of Santa Cruz County; thence
southerly along the ordinary high-water
mark of the Pacific Ocean to the southern
boundary of Monterey County; thence on a
line due west Into the Paciflc Ocean a dis-
tance of three nautical miles to a point;
thence northerly on a line parallel to the
ordinary high-water mark of the Paciflc
Ocean to a point which lies due_ west of the
point of beginning; thence due east to the
point of beginning.
Sec. 4. Any suspension of leasing in the area
of the continental shelf pursiiant to section
3 shall be terminated by the Secretary of
the Interior If the State of California re-
vokes the law enacted by such State pro-
hibiting exploration for extraction of oil, gas,
or other minerals In 'the entire area of such
State described In section 3(b) which is ad-
jacent to such area of the continental shelf.
Sec. 5. Nothing In this Act shall be
deemed —
(1) to authorize the Secretary of the In-
terior to terminate any lease or to refuse to
renew any lease with a right of renewal; or
(2) to prohibit or limit any presently
existing power of the Secretary of the Inte-
rior to grant rights of way; or
(3) to prohibit any exploration of the
Outer Continental Shelf; or
(4) to grant to the State of California any
title or Jurisdiction over any portion of the
Outer Continental Shelf.
Sec. 6. In any case In which the State of
California at any time after the date of
enactment of this Act suspends or termi-
nates all mineral leasing in any area of lands
beneath navigable waters In such State In
which no previous production of minerals
was allowed, the Secretary of the Interior
shall report to the President and the Con-
gress his recommendations with respect to
any suspension of mineral leasing In the area
of the Outer Continental Shelf seaward of
such State area.
Sec. 7. The President Is authorized to ter-
minate any suspension pursuant to section 3
during any national emergency declared after
the date of enactment of this Act.
Sec. 8. For the purpose of this Act —
(1) the term "lands beneath navigable
waters" has the meaning prescribed In the
Submerged Lands Act.
(2) the term "Outer Continental Shelf"
has the meaning prescribed In the Outer
Continental Shelf Lands Act;
(3) the term "coastline" means the line of
ordinary low water along that portion of the
coast which is in direct contact with the
open sea and the line marking the seaward
limit of Inland waters; and
(4) the term "lease" means any permit,
contract or other form of authorization.
Sec. 9. If any provision of this Act, or any
section, subsection, sentence, clause, or cir-
cumstance la held invalid, the vallditv of the
remainder of the Act and of the application
of any such provision, section, subsection,
sentence, clause, phrase,- or Individual word
to other persons and circumstances Is not
affected thereby.
S. 170
A bill to create a marine sanctuary from
leasing pursuant to the Outer Continental
Shelf Lands Act In an area off the coast
of California adjacent to State owned sub-
merged lands In which such State has
suspended leasing for mineral purposes
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That this
Act may be cited as the Golden Gate Marine
Sanctuary Act.
Sec. 2. The Congress finds and declares
that the shoreline of the State of California,
and the lands beneath navigable waters and
the Outer Continental Shelf off such shore-
line, are rich In a variety of natural, com-
mercial, recreational, and esthetic resources
of immediate and potential value to the
present and future generations of Ameri-
cans; that many of these areas are in danger
of damage or destruction by commercial and
industrial development; and that it is the
policy of Congress to preserve, protect, re-
store, make accessible for the benefit of all
the people, and encourage balanced use of
selected portions of such areas.
Sec. 3. (a) The Secretary of the Interior
shall, effective as of the date of enactment
of this Act, stispend all further leasing pur-
suant to the Outer Continental Shelf Lands
Act for the exploration for or extraction of
oil, gas, or any other mineral In the portion
of the Outer Continental Shelf seaward of
the area described In subsection (b) in which
such State has provided by law that leases
will not be issued by such State for the ex-
ploration for or extraction of oil, gas, or any
other mineral; and has not previously /
allowed the production of any oil, gas or
other mineral. The Secretary shall determine
such seaward portion by extending seaward
boundaries of such State area In a parallel
manner adjusted as determined by the Sec-
retary to conform to lease tract boundaries.
(b) Such area is as follows:
The Golden Gate Marine Sanctuary.
All those tide and submerged lands being
in the Counties of Sonoma. Marin, San
Francisco and San Mateo and lying within
an area beginning at the intersection of the
ordinary high-water mark of the Paciflc
Ocean and the northern boundary of Sonoma
County; thence southerly along the ordinary
high-water mark of the Paciflc Ocean to the
southern boundary of San Mateo County;
thence on a line due west Into the Pacific
Ocean a distance of three nautical miles to
a point; thence northerly on a line parallel
to the ordinary high-water mark of the
Paciflc Ocean to a point which lies due west
a distance of three nautical miles from the
point of beginning; thence due east to the
point of beginning.
Sec 4. Any suspension of leasing In the
area of the continental shelf pursuant to sec-
tion 3 shall be terminated by the Secretary
of the Interior if the State of California re-
vokes the law enacted by such State pro-
hibiting exploration for extraction of oil, gas,
or other minerals In the entire area of such
State described In section 3(b) which ia
adjacent to such area to the continental
shelf.
Sec 5. Nothing In this Act shall be
deemed —
(1) to authorize the Secretary of the
Interior to terminate any lease or to refuse
to renew any lease with a right of renewal,
or
(2) to prohibit or limit any presently ex-
isting power of the Secretary of the Interior
to grant rights of way; or
(3) to prohibit any exploration of the
Outer Continental Shelf; or
( 4 1 to grant to the State of California any
title or Jurisdiction over any portion of
the Outer Continental Shelf.
Sec 6. In any case in which the State of
California at any time after the date of
enactment of this Act stispends or termi-
nates all mineral leasing in any area of lands
beneath navigable waters In such State in
which no previous production of minerals
was allowed, the Secretary of the Interior
shall report to the President and the Con-
gress his recommendationa with respect to
anv suspension of mineral leasing In the area
of the Outer Continental Shelf seaward of
stich State area.
Sec 7. The President is authorized to
terminate any suspension pursuant to sec-
tion 3 during any national emergency de-
clared after the date of enactment of this
Act.
Sec 8. For the purposes of this Act —
(1) the term "lands beneath navigable
waters" has the meaning prescribed In the
Submerged Lands Act;
(2) the term "Outer Continental Shelf"
CXIX-
-18— Part 1
^66
CONGRESSIONAL RECORD — SENATE
Jamiary If, 1973
has the meaning prescribed In the Outer
(Continental Shelf Lands Act;
(3 1 the term "coastline" means the line
df ordinary low water along that portion of
1 he coast which is In direct contact with the
< pen sea and the line marking the seaward
IJmit of inland waters; and
(4) the term "lease" means any permit,
< ontract or any other form of authorization?
Sec. 9. If any provision of this Act, or
i ny section, subsection, sentence, clause, or
( ircumstance Is held Invalid, the validity of
1 he remainder of the Act and of the applica-
1 1on of any such provision, section, subsec-
lion. sentence, clause, phrase, or Individual
' cord to other persons and circumstances Is
1 lot affected thereby.
S. 171
i L bill to create a marine sanctuary from
leasing pursuant to the Outer Continental
Shelf Lands Act in an area off the coast
of California adjacent to State owned sub-
merged lands in which such State has sus-
pended leasing for mineral purposes
Be it enacted by the Senate and House of
itepresentatives of the United States of
J inierica in Congress assembled. Thav this
; Let may be cited as the "Humboldt and
] .lendoclno Counties Marine Sanctuary Act".
Sec. 2. The Congress finds and declares
1 hat the shoreline of the State of California,
I jid the lands beneath navigable waters and
1 he Outer Continental Shelf off such shore-
line, are rich in a variety of natural, com-
mercial, recreational, and esthetic resources
(if immediate and potential value to the pres-
( nt and future generations of Americans;
' hat many of these areas are in danger of
( lamage or destruction by commercial and
Industrial development; and that It is the
]>ollcy of Congress to preserve, protect, re-
! tore, make accessible for the benefit of all
• he people, and encourage balanced 'ose of
I elected portions of such areas.
Sec. 3. la) The Secretary cf the Interior
: hall, effective as of the date of enac'.meni;
of this Act, suspend all further leasing pur-
I viant to the Outer Continental Shelf Lands
, let .'or the exploration for an extraction of
)i!. gas. or any other mineral In the portion
)f the Outer Continental Shelf seaward of
he area described in subsection (bi In which
;uch State has provided by law that leases
vill not be issued bv such State for the ex-
)lcratlon for or extraction of oil. gas, or any
)ther mineral; and ha^ not previously allowed
-he production of any oil. gas, or any other
nlneral. The Secretary shall determine such
leaward portion by extending seaward the
Doundaries of such State area in a parallel
manner adjusted as determined by the Secre-
;ary to conform to lease tract boundaries.
I b ) Such area Is as follows :
The Humboldt and Mendocino Counties
3an;tuary.
All those tide and submerged lands being
In the Counties of Humboldt and Mendocino
ind lying within an area beginning at the
Intersection of the ordinary high-water mark
Df the Pacific Ocean and the south line of
township 5 south, Humboldt base line;
ther'.ce northerly and westerly along the
srdlnary high-water mark of the Pacific
Ocean to the Intersection of said high-water
mark and the north line of township 1 north,
Humboldt ba.<:e line; thence due west to a
pjint in the Pacific Ocean, said point being
three nautical miles from the ordinary high-
water mark; thence In a southerly and east-
erly direction, parallel to and three nautical
miles distant from said high-water mark to
a point due west from the point of beginning:
thence due east to the point of beginning.
Sec. 4. Any suspension of leasing in the
area of the Continental Shelf pursuant to
section 3 shall be terminated by the Secre-
tary of the Interior if the State of California
revokes the law enacted by such State pro-
hibiting exploration for extraction of oil.
gas. or other minerals In the entire area of
such State described In section 3(b) which
Is adjacent to such area of the Continental
Shelf.
Sec. 5. Nothing In this Act shall be
deemed —
(1) to authorize the Secretary of the In-
terior to terminate any lease or to refuse
to renew any lease with a right of renewal;
or
(2) to prohibit or limit any presently ex-
isting power of the Secretary of the Interior
to grant rights-of-way; or
(3) to prohibit any exploration of the
Outer Continental Shelf; or
(4) to grant to the State of California any
title or jurisdiction over any portion of the
Outer Continental Shelf.
Sec. 6. In any case in which the State of
California at any time after the date of en-
actment of this Act suspends or terminates
all mineral leasing In any area of lands be-
neath navigable waters in such State in
which no previous production of minerals
was allowed, the Secretary of the Interior
shall report to the President and the Con-
gress his recommendation with respect to any
suspension of mineral leasing in the area of
the Outer Continental Shelf seaward of such
State area.
Sec. 7. The President Is authorized to ter-
minate any suspension pursuant to section
3 during any national emergency declared
after the date of enactment of this Act.
Sec. 8. For the purposes of this Act —
(1) the term "lands beneath navigable
waters" has the meaning prescribed in the
Submerged Lands Act;
(2) the term "Outer Continental Shelf"
has the meaning prescribed in the Outer
Continental Shelf Lands Act;
(3) The term "coa.stllne" means the line
of ordinary low water along that portion of
^ the coast which Is In direct contact with the
open sea and the line marking the seaward
limit of inland waters; and
(4) the term "lease" means any permit,
contract or any other form of authorization.
Sec. 9. If any provision of this Act, or any
section, subsection, sentence, clause, or cir-
cumstance Is held Invalid, the validity of the
remainder of the Act and of the application
of any such provision, section, subsection,
sentence, clause, phrase, or Individual word
to other persons and circumstances is not
affected thereby.
8. 172
A bill to create a marine sanctuary from
leasing pursuant to the Outer Continental
Shelf Lands Act In an area off the coast of
California adjacent to State owned sub-
merged lands In which such State has
suspended leasing for mineral purposes
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That this
Act may be cited as the "Del Norte County
Marine Sanctuary Act."
Sec. 2. The Congress finds and declares
that the shoreline of the State of Callrornla,
and the lands beneath navigable waters and
the Outer Continental Shelf off such shore-
line, are rich In a variety of natural, commer-
cial, recreational, and esthetic resources of
immediate and potential value to the present
and future generations of Americans; that
many of these areas are in danger of dam-
age or destruction by commercial and Indus-
trial development; and that It Is the policy
of Congress to preserve, protect, restore,
make accessible for the benefit of all the
people, and encourage balanced use of se-
lected portions of such areEis.
Sec. 3. (a) The Secretary of the Interior
shall, effective as of the date of enactment
of this Act, suspend all further leasing pur-
suant to the Outer Continental Shelf Lands
Act for the exploration for or extraction of
oil, gas, or any other mineral In the portion
of the Outer Continental Shelf seaward of
the area described in subsection (b) in which
such State has provided by law that leases
win not be Issued by such State for the ex-
ploration for or extraction of oil, gas, or any
other mineral; and has not previously al-
lowed the production of any oil, gas or other
mineral. The Secretary shall determine such
seaward portion by extending seaward the
boundaries of such State area In a parallel
manner adjusted as determined by the Sec-
retary to conform to lease tract boundaries.
(b) Such area Is as follows;
The Del Norte County Marine Sanctuary,
All those tide and submerged lands being
In the County of Del Norte and lying within
an area beginning at the intersection of the
ordinary high-water mark of the Pacific
Ocean and the northern boundary of Del
Norte Country; thence southerly along the
ordinary high-water mark of "the Pacific
Ocean to the southern boundary of Del Norte
County; thence on a line due west into the
Pacific Ocean a distance of three nautical
miles to a point; thence northerly on a hne
parallel to the ordinary high-water mark
of the Pacific Ocean to a point which lies
due west of the point of beginning; thence
due east to the point of beginning.
Sec. 4 Any suspension of leasing in the
area of the continental shelf pursuant to
section 3 shall be terminated by the Secre-
tary of the Interior If the State of Cali-
fornia revokes the law enacted by such State
prohibiting exploration for extraction of oU
gas, or other minerals in the entire area
of such State described In section 3(b) which
Is adjacent to such area of the Continental
Shelf.
Sec. 5. Nothing in this Act shall be
deemed —
(1) to authorize the Secretary of tl^ In-
terior to terminate any lease or to refuse
to renew any lease with a right of renewal;
or
(2) to prohibit or limit any presently
existing power of the Secretary of the In-
terior to grant rights-of-way; or
(3) to prohibit any exploration of the
Outer Continental Shelf; or
(4) to grant to the State of California any
title or jurisdiction over any portion of the
Outer Continental Shelf.
Sec. 6. In any case in which the State
of California at any time after the date
of enactment of this Act suspends or termi-
nates all mineral leasing in any area of
lands beneath navigable waters in such State
In which no previous production of minerals
was allowed, the Secretary of the Interior
shall report to the President and the Con-
gress his recommendations with respect to
any suspension of mineral leasing In the
area of the Outer Continental Shelf seaward
of such State area. %.
Sec. 7. The Presldeil^sis authorized to
terminate any suspension Ttursuant to sec-
tion 3 during any national emergency de-
clared after the date of enactment of this
Act.
Sec. 8. For the ptirposes of this Act —
(1) the term "lands beneath navigable
waters" has the meaning prescribed in the
Submerged Lands Act;
(2) the term "Outer Continental Shelf"
has the meaning prescribed in the Outer
Continental Shelf Lands Act;
(3) the term "coastline" means the line
of ordinary low water along that portion of
the coast which Is in direct contact with
the open sea and the line marking the sea-
ward limit of Inland waters; and
(4) the term "lease" means any permit,
contract or any other form of authorization.
Sec. 9. If any provision of this Act, or any
section, subsection, sentence, clause, or cir-
cumstance is held invalid, the validity of
the remainder of the Act and of the applica-
tion of any such provision, section, subsec-
tion, sentence, clause, phrase, or individual
n-ord to other persons and circumstances Is
not affected thereby.
Januanj h, 1973
CONGRESSIONAL RECORD — SENATE
267
By Mr. SCHWEIKER (for himself
and Mr. Scott of Pennsyl-
vania) :
S. 173. A bill to authorize the rein-
statement and extension of the author-
ization for the beach erosion control
project for Presque Isle Peninsula, Erie,
Pa. Referred to the Committee on Public
Works.
presque isle feninsxtla
Mr. SCHWEIKER. Mr. President, I in-
troduce for myself and the distinguished
Senior Senator of Pennsylvania (Mr.
Scott) , a bill to authorize the reinstate-
ment and extension of the authorization
for the beach erosion control project for
Presque Isle Peninsula, Erie, Pa.
The purpose of this legislation is to
extend the authority for Federal partici-
pation in the Presque Isle cooperative
beach erosion control project for a pe-
riod of 5 years. The legislation also au-
thorizes $3,500,000 to support the work
necessary on this important project.
Federal participation in the Presque
Isle beach erosion control project was
originally authorized by the 1960 River
and Harbor Act, Public Law 86-645. for
a period of 10 years. That authority ex-
isted from 1961 to May 1971, when it
expired.
On September 27, 1972, the Senate
adopted an amendment identical to the
bill I am introducing today as part of the
Omnibus Rivers and Harbors Act. I was
delighted when the Senate adopted my
amendment, which was also retained by
the conferees in the final version of this
legislation. Regrettably, however, the
Schweiker amendment was included in
the October 27 veto of the Omnibus
Rivers and Harbors Act. Thus, I am re-
introducing this legislation, which was
originally introduced on May 10, 1972 as
S. 3595.
Presque Isle State Park and its beaches
are considered a statewide resource in
Pennsylvania, and truly are a national
resource as well. About 4 million people
enjoy the area annually. For many years,
attempts have been made to control ero-
sion at these beaches. Such attempts,
however, have been ineffective and tem-
porary in nature. Winter storms, par-
ticularly during the winter of 1971-1972,
and this year, have taken a heavy toll.
It is essential that attempts be taken now
to provide protection for the peninsula.
In April 1972, I wrote the District En-
gineer of the Army Corps of Engineers,
Buffalo district, which has jurisdiction
over Presque Isle, urging that public
hearings be held in Erie on the Presque
Isle erosion problem. Those hearings
were held on June 2, 1972, and I was
pleased to have had an opportunity to
testify at the hearings, along with mnny
members of the Erie community. The
Corps of Engineers has held additional
public hearings, the most recent being
held on December 18th for the purpose
of summarizing the findings of the review
study on the alternative measures avail-
able to provide for the protection and
improvement of the peninsula. Thus, a
great deal of preliminary work has been
done.
However, in order for the Corps of En-
gineers to actively work on the area, it
will be necessarv to obtain an extension
of Federal participation in the project
beyond the expiration date which oc-
curred in May 1971. The extension would
permit Federal participation in emer-
gency restoration of beach areas that
may be required to protect park facilities
from severe damage and provide useful
and attractive bathing areas until more
permanent modifications can be author-
ized and constructed. This is exactly
what my legislation would do. This legis-
lation would authorize Federal partici-
pation to a maximum of 70 percent of
the cost of improving public park areas.
Presque Isle State Park meets all the cri-
teria for 70 percent participation and
the cost of work done on the cooperative
project for the 10 years prior to 1971 has
been shared on that basis, with 30 per-
cent State participation.
The residents of the Erie area have
shown their sincere concern to State and
Federal representatives about the need to
undertake the emergency restoration of
the beach areas.
Mr. President, as I have said in the
past, Presque Isle State Park is simply
too valuable to Pennsylvania and to the
Nation to permit continued erosion to
take place. Last year, during considera-
tion of the Omnibus Rivers and Har-
bors Act, my colleagues in Congress
agreed with me that this is an area
which must be preserved and protected.
I am sincerely hopeful that the Senate
will act quickly on this legislation, so that
additional delays in protecting this beau-
tiful area can be avoided.
Mr. President, I ask unanimous con-
sent that the text of this bill be printed
in the Record at this point.
There being no objection, the bill was
ordered to be printed in the Record, as
follows:
S. 173
Be it enacted by the Senate and House
of Representatives of the United State of
America in Congress assembled, That the au-
thorization for the beach erosion control
project for Presque Isle Peninsula, Erie,
Pennsylvania, as provided in section 101 of
the River and Harbor Act of 1960 (74 Stat.
480) is reinstated and extended, under the
terms existing immediately prior to the ter-
mination of such authorization, for a period
of five years from the date of enactment of
this Act, or if the review study of such proj-
ect being carried out by the Secretary of the
Army Is not completed prior to the end of
such period until such study is completed
and a report thereon submitted to the Con-
gress. '
Sec. 2. There is authorized to be appropri-
ated not to exceed $3,500,000 to carry out the
provisions of this Act.
By Mr. MONTOYk (for himself,
Mr. Long and Mr. Ribicoff) :
S. 174. A bill to provide for coverage of
certain drugs under Medicare. Referred
to the Committee on Finance.
COVERAGE or CERTAIN DRUGS UNDER MEDICARE
Mr. MONTOYA. Mr. President, in
past years I have introduced legislation
to afford some degree of protection to
older Americans confronted with the
need to purchase costly prescription
drugs. At the very least, these drugs be-
come a burden on the already tightly
stretched budgets of the elderly. For
some, the cost of medication is a finan-
cial catastrophe that has far-reaching
effects both on the elderly person him-
self and on his family and friends.
Today I am again introducing a pro-
posal to provide what I believe to be a
workable insurance program that would
provide much needed assistance to mil-
lions of our most hard pressed elderly
citizens, those with chronic illnesses. I
am offering this measure on behalf of
myself and Senators Long and Ribicoff.
When I first introduced legislation to
provide assistance for elderly persons
confronted with costs of prescription
drugs, I sought to have the costs of all
drugs covered. However, during commit-
tee hearings it became clear that the
measure originally would have been pro-
hibitively expensive. Costs were esti-
mated at $2.6 billion. The committee did,
however, concur that drug costs, espe-
cially continuing costs for chronic ill-
nesses, presented a prohibitive cost for
the elderly also.
As a result, modifications were made
which reduced the expected cost of the
legislation to $700 million yearly, while
still pro\1ding protection for those most
in need of it.
There is no question, I am certain, in
the mind of any Senator how difficult it
is to Uve on the very modest fixed in-
comes that most elderly persons have.
While incomes for those receiving pen-
sions and social security benefits remain
relatively static, the cost of living has
soared. And while a sudden illness may
force an elderly person to spend a signi-
ficant portion of his income on drugs,
that is a one-time only expense.
But a chronic lingering malady such
as heart disease can require such large
and continuing expenses for medication
that all hope can be drained from the
prospect of life ahead. Instead of seeing
these medications as preserving their
lives, ^Tany chronically ill, elderly per-
sons see their lives as dreary and pain-
ful treadmills, their only future being
in more costly medication which main-
tains life, but whose cost saps the spirit.
For these older Americans. I believe it
is imperative that we provide the assist-
ance that they need.
This legislation is familiar to all but
the newest Members of the Senate, and
in the past the Senate has agreed that
this assistance is necessar>' and im-
portant. During the 92d Congress, the
Senate passed this proposal by a vote of
52 to 0 when it was included as an
amendment to H.R. 1. Unfortunately, the
amendment was deleted by the House-
Senate conference. Nonetheless, I think
that the excellent work done m this
measure by the Finance Committee was
in large part responsible for its favor-
able reception by the Senate.
Because the report of that committee
on this measure is such a clear exposi-
tion of the main provisions of the bill
and the problems that it will solve. I ask
unanimous consent to have pages 269
through 279 of the Senate Finance Com-
mittee report on H.R. 1 of the 92d Con- ,
gress included as part of my remarks at
this point in the Record.
There being no objection, the excerpt
was ordered to be printed in the Record,
as follows:
2 58
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CONGRESSIONAL RECORD — SENATE
January ^, 1973
(joverace of certain maintenance drugs
Under Medicare
(Sec. 215 ol the bill)
BACKGROUND
The committee added an amendment to
House bill which would provide coverage
certain maintenance drugs under part A
medicare. Medicare presently covers the
t of drugs given to an Inpatient In a hos-
or extended care facility, but does not.
wever. pay for prescription drugs on an
tparieiir basis.
Beneaclaries and others have frequently
Icated the lack of coverage for outpatient
es as the most significant gap In the
icare benefit structure. Prescription of
expenses account for a large past of the
alth expenses of older people. More Im-
portant, perhaps, than the fact that drugs
nt a large out-of-pocket expense for
elderly Is that this expense Is distributed
levenly among the elderly. Those with
cironlc illnesses such as heart or respiratory
are often faced with recurring drug
expenses and many of these drugs are crlt-
to the survival of these chronically 111
tlents. As a result, the elderly with chronic
nesses have, on the average, prescription
ug exf>endltures nearly three times as high
those without chronic Illnesses.
The committee believes that an outpatient
escnption drug benefit is the most impor-
and logical benefit addition to the Medl-
program. However, the committee was
Ite concerned with the cost and adminis-
trative problems associated with proposals to
er all outpaltent prescription drugs under
i^edlcare. Covering all drugs for the aged
disabled, with a 81 copayment, was estl-
niated by the Social Security Administration
cost about 82.6 billion. In addition, the
inlstrative burden of covering all drugs
v(4ould be enormous since the program would
ve to deal with millions of small prescrlp-
ns. and the utilization controls to assure
p>escriptlons reimbursed under medl-
-were reasonable and necessary and used
ly by beneficiaries, would be quite cumber-
me.
In studying the problems posed with re-
liect to establishing an outpatient drugs
neflt. the committee concluded that the
ptoblems cor.ld in large part be surmounted
by an approach which focused on providing
6 jeclfled dn-.gs which are necessary for the
t 'eatment of the most common crippling or
1 fe-threatenlng chronic diseases of the
e derly. This approach would have four ad-
vantages: ( 1 » It would result In the medl-
c ire do'lar balng targeted toward patients
V 1th chronic diseases who need drugs on a
c iutlnulng basis for a lengthy period of time;
(2) it '.voiUd substantially simplify admlnls-
fation of'^a drugs benefit: (3) It would
1 icorporate almost self-policing utilization
c introls at a relatively low administrative
cast, since the program would Involve only
relatively small number of drug entitles
ahd thfe necessity for these drugs would be
comparatively easy to establish; and f4) this
epproach would substantially lower the cost
c f providing a drugs benefit. The cost of the
cmendmer.t Is estimated at 8740 million for
the first full year beginning July 1. 1973.
The committee approach Is consistent with
*ie recommendation of the Task Force on
I (rugs of the Department of Health. Educa-
tion, and Welfare. The Task Force. In ac-
< ordance -.vith the Social Security Amend-
iients of 1967. undertook many months of
s tudy concerning the appropriateness and
{ osslble methods of covering drugs under
1 nedlcare. In their final report, Issued ih
I'ebrnary 1969. the Task Force stated:
Available data on drug use by the elderly
! upport the hypothesis that coverage of only
I hose drugs which are Important for the
1 reatmenl of chronic Illness among the
I Iderly, and which usually are required on a
I ontlnulng or recurring basis, would con-
tlo
tliat
c ire-
6 1
Cf
centrate the protection provided by a drug
program where It is most clearly needed."
After reviewing the relative advantages of
this approach, the Task Force recommended:
"In order to achieve maximum benefits
with whatever funds may be available, and
to give maximum help to those of the elderly
whose drug needs are the most burdensome,
the Task Force finds that particular con-
sideration should be given to providing
coverage at the outset mainly for those
prescription drugs which are most likely
to be essential In the treatment of serious
long term Illness."
The committee commends the Task Force
for Its exhaustive and definitive efforts and
agrees with its recommendation.
SUMMARY OF COMMITTEE AMENDMENT
Basically, the committee amendment
would cover specific drugs necessary for the
treatment of the many crippling or Itfe-
threatenlng diseases of the elderly with the
beneficiary subject to a copayment of $1 per
prescription.
The chronic Illnesses covered under the
amendment were carefully chosen. The Task
Force on Prescription Drugs Issued a volu-
minous study containing extensive data with
respect to drug utilization among the elderly.
The table below, taken from the Task Force
report, lists the more common chronic Ill-
nesses of the elderly. In order of the number
of prescriptions related to each condition.
Descending order for number of prescriptions
used in treatment of illnesses among the
aged
[Excluding mental conditions, gastrointes-
tinal disorders, chronic skin diseases and
anemia]
Number of Hi's
Diagnosed conditions: in thousands
Heart 46,512
High blood pressure..^ 19,681
Arthritis and rheuma^m 17,343
Genlto-urlnary conditions 9, 127
Diabetes 8.085
Colds, coughs, throat conditions
and Influenza' 7,504
Other disorders of circulatory sys-
tem 4,776
Injuries and adverse reactions ^ 4, 000
Neoplasm 3.701
Eye 3,683
Emphysema 2,766
Asthma and hay fever 2, 547
Other respiratory conditions 2,415
Sinus and bronchial conditions 2, 138
Ear 2,113
Pneumonia 1,531
Thyroid 1,491
' Not Included In amendment because of
generally short-term nature of condition and
need for prescriptions.
The amendment would cover serious
chronic conditions necessitating long-term
drug treatment with the exception of mental
and nervous conditions, chronic skin disease,
anemia, and gastrointestinal disorders. These
diagnoses are excepted because many of the
drugs used In their treatment (for example,
tranquilizers. antacids. antispasmodics,
antldlarrheals. vitamins. Iron, and skin oint-
ments) are drugs which are also used by
many people for general reasons and are.
therefore, difficult to confine to appropri-
ate usage by beneficiaries only (for example,
they could be acquired for use by nonbene-
ficlarles) as opposed to drugs such as Insulin
or digitalis which are almost invariably used
only by those who have a specific need for
them. In addition, concern has been ex-
pressed that coverage of the "major" tran-
quilizers used In the treatment of mental
Illnesses might encourage over-prescribing of
potent tranquilizers for older people.
The amendment would further limit cov-
erage to only certain drugs used In the treat-
ment of covered conditions. In other words,
people with chrorhc heart disease often use
digitalis drugs to strengthen their heartbeat.
anticoagulant drugs to reduce the danger of
blood clots and other drugs to lower their
blood pressure. These types of drugs would
be covered under the amendment as they
are necessary In the treatment of the heart
condition and they are not types of drugs
generally used by people without heart con-
ditions. However, other drugs which might
be used by those with chronic heart condi-
tions (such as sedatives, tranquilizers and
vitamins) would not be covered as they are
drugs which are generally less expensive, less
critical In treatment and much more difficult
to handle administratively, as many patients
without chronic heart disease may also uti-
lize these types of medications.
The provision Is designed to establish a
basis for coverage of drugs capable of ad-
ministration at reasonable cost. In this form
and scope It Is an approach capable of pro-
viding significant help and of allowing for
orderly future expansion if that were later
decided.
It Is expected that the Formulary Commit-
tee will study the problems related to the
questions of possible medicare coverage of
drugs used in the treatment of mental Ill-
ness with particular attention to develop-
ment of means of assiirlng appropriate usage
of such drugs. The Formulary Committee
would submit to the Congress through the
Secretary, a report concerning Its findings,
conclusions and recommendations with re-
spect to this matter.
ELIGIBILITY
All ptersons covered under part A of medi-
care would be eligible for the new outpatient
drugs benefit. Under the provision, the drugs
covered are necessary In ths treatment of the
following conditions:
Diabetes
High blood pressure
Chronic cardiovascular disease
Chronic respiratory disease
Chronic kidney disease
Arthritis and Rheumatism
Gout
Olaucoma
Thyroid disease
Cancer
Epilepsy
Parkinsonism
Myasthenia gravis
The fact that the patient needs the drug
would Indicate that he suffers from one of
the above illnesses. Thus generally the exist-
ence of a specific chronic Illness would not
have to be established in connection with the
application for payment for the prescription.
BENEFITS
The covered drug therapeutic categories
are as follows :
Adrenocortlcolds
Antl-anglnals
Antl-arrhythmlcs
Anti-coagulants
Anti-convulsants (excluding phenobarbl-
tal)
Anti-hyp ertenslves
Antl-neoplastlcs
Antl-Parklnsonism agents
Antl -rheumatics
BronchodUators
Cardiotonics
Chollnesterase Inhibitors
Dluro^lcs
Gout eruppressants
Hypoglycemics
Miotics
Thyroid hormones
Tuberculostatics
Within these categories, eligible drugs
would be those prescription drug entitles
which are Included by dosage form and
strength in the Medicare Formulary described
below. The amendment would exclude drugs
not requiring a physician's prescription (ex-
cept for insulin), drugs such as antibiotics
which are generally used for a short period of
time and drugs such as tranquilizers and
January Jk, 1973
CONGRESSIONAL RECORD — SENATE
269
sedatives which may be used not only by
beneficiaries suffering from serious chronic
Illnesses, but also by many other persons as
well. Beneficiaries would Incur a 81 pay-
ment obligation for each prescription. They
would also be obliged to pay any charges
In excess of the product price component of
the reasonable allowances where a higher-
priced product of a drug Included In the
Formulary was prescribed and where the al-
lowances were based upon generally available
lower cost products (see "reasonable allow-
ance" below). Payment under this program
would not be made for drugs supplied to
beneficiaries who are Inpatients In a hos-
pital or skilled nursing facility because their
drugs are already covered under medicare.
FORMULARY COMMITTEE
To assure rational and professional control
over the drugs covered ai.d the cost of tlie
drugs benefit, and to assure that funds are
being targeted toward the most necessary
drug entitles within each covered theraf>eutlc
category, a Medicare Formulary would be
established.
The Formulary would be compiled by a
committee consisting of five members, a ma-
jority of whom would be physicians. The
members would include the Commissioner
of Food and Drugs and four individuals of
recognized professional standing and distinc-
tion in the fields of medicine, pharmacology
or pharmacy who are not otherwise em-
ployed by the Federal Government and who
do not have a direct or indirect financial
Interest In the economic aspects of the com-
mittee's decisions. Members would be ap-
pointed by the Secretary for 5-year staggered
terms and would not be eligible to serve con-
tinuously for more than two terms. The
Chairman would be elected by and from the
public members for renewable one-year
terms.
It is expected that appointees to the For-
mulary Committee will have the stature and
expertise to assure objective effort and in-
formed decision-making of a level engender-
ing public and professional confidence in
their Integrity and judgment.
The Formulary Committee would be au-
thorized, with the approval of the Secretary,
to engage or contract for such reasonable
technical assistance as it determined It might
need from time to time to enhance its ca-
pacity for Judgment concerning inclusion of
drugs In the Formulary. This coiild Include
utilizing the services of the committees and
technical staff of the official compendia (the
United States Pharmacopeia and the National
Formulary) . The committee expects that such
contracting would be undertaken on a limited
ad hoc basis, and will be used to supplement,
as necessary, the services available within the
Department.
The Formulary Committee's primary re-
sponsibility would be to compile, publish,
and revise periodically a Medicare Formu-
lary which would contain a listing of the
drug entitles (and dosage forms and
strengths) within the therapeutic categories
covered by the program which, based upon
Its professional Judgment, the committee
finds necessary for proper patient care, tak-
ing Into account other drug entitles Included
in the Formulary. To aid fully Its considera-
tion as to whether a drug entity should be
Included in the Formulary, the Formulary
Committee would be authorized to obtain
any records pertaining to a drug which were
available to any other department or agency
of the Federal Government and to request
of suppliers of drugs and other knowledge-
able persons or organizations pertinent In-
formation concerning the drug. The com-
mittee would be authorized to establish pro-
cedures which It might require to determine
the appropriateness of including or exclud-
ing a given drug from the Formulary.
The Formulary Committee would exercise
utmost care In maintaining the confiden-
tiality of any rftaterlal of a confidential na-
ture made available to it.
For purposes of inclusion In or exclusion
from the Formulary of any drug entity (in a
given dosage form and strength), the prin-
cipal factors to be taken Into account by the
committee would be : ( 1 ) Clinical equiva-
lence, In the case of the same dosage forms
In the same strength of the same drug entity;
and (2) relative therapeutic value in the
case of similar or dissimilar drug entitles In
the same therapeutic category. The price of
a drug entity would not be a consideration
in the Judgment of the Formulary
Committee.
In considering which drug entitles and
strengths, and dosage forms, to Include In
the Medicare Formulary, the Formulary
Committee Is expected, on the basis of Its
professional and scientific analysis of avail-
able information, to exclude such drugs as
it determines are not necessary for proper
patient care taking into account those drugs
(or strengths and dosage forms) which are
Included in the Formulary.
For example. In their consideration of drug
entitles In the therapeutic category known
as antl-anglnals. a therapeutic category in-
cluded In the covered categories, the Formu-
lary Committee would be expected to take
Into account professional appraisals such as
the following which appears In "Drug Evalu-
ations— 1971," an authoritative publication
of the American Medical Association:
"The effectiveness of the short-acting
agents, such as nitroglycerin and amyl ni-
trite, has been established through many
years of use. • • • The oral administration
of the so-called 'long-acting nitrates e.g..
pentaerythrltol tetranltrate, . . . erythrltyl
tetranltrate, . . . Isosorblde-dlnltrate. as well
as some preparations of nitroglycerin are al-
leged to reduce the number of episodes and
the severity of the pain of angina pectoris.
The effectiveness of these agents Is even
more difficult to determine than that of the
short-acting nitrates, and thus the beneficial
value of their long-term use Is contro-
versial. • • • Thus. It cannot be concluded
that the long acting nitrates are of definite
therapeutic value for prolonged use.
"Many products are available that contain
a mixture of antianginal agents or an anti-
anginal agent with a sedative or other
drug(s); however, none of these fixed-dose
combinations Is rational. There Is no evi-
dence that a combination of antianginal
agents has any advantage over the Individual
agents and, If more than one tj^pe of drug
Is needed, they should be prescribed
separately."
The above quotation Is Illustrative of the
type of source and Information to which the
Formulary Committee Is anticipated to give
serious consideration and weight In deter-
mining those drug entitles (and dosage forms
and strengths) which are reasonably appro-
priate as eligible drugs for purposes of medi-
care reimbursement.
Prior to removing any drug entity (or a
particular dosage form or strength) from
the Formulary, the committee would afford
reasonable opportunity for a hearing on the
matter to persons engaged in manufacturing
or supplying the drug Involved, Similarly, any
person manufacturing or s\ip plying a drug
entity not included in the Formulary, but
which he believed to possess the requisite
qualities for inclusion, could petition the
committee for consideration of the Inclusion
of his drug and, if the petition was denied,
might, at the discretion of the committee,
upon reasonable showing to the Formulary
Committee of ground for a hearing, be af-
forded a hearing on the matter.
In addition to the list of drug entitles In-
cluded in the Formulary, the Formulary
would also Include a listing of the prices
(generally the average wholesale prices) at
which the various products of the drug en-
titles are usually sold by suppliers to esiab- •
llshments dispensing drugs.
The Formulary Committee would be solely
responsible for professional 'Judgment as to
which drug entitles (and dosage forms or
strengths) are Included In the Formulary.
The Secretary would not be Involved in the
making of those professional determina-
tions.
REIMBURSEMENT
Reimbursement would be based, generally,
on the average wholesale price at which the
prescribed product of the drug entity In-
cluded m the Formulary is sold to pharma-
cies plus a professional fee or other dispens-
ing charges, except that reimbursement
could not exceed an amount which, when
added to the copayment required of ihe bene-
ficiary, exceeded the actual customary charge
at which the dispenser sells the prescription
to the general public.
Both components of the reimbursement
would be subject to overall limitations Just
as medicare's reimbursements to physicians,
hospitals and other suppliers Is subject to
overall limitations. The professional fee or
other dispensing charge would not be rec-
ognized for medicare reimbursement pur-
poses to the extent that it was in excess
of the 75th percentile of fees or charges for
other pharmacies In the same census region.
In establishing the 75th percentile limit in
an area where some pharmacies use one sys-
tem of calculation and others use a differ-
ent system, it is the Intent that the 75th
percentile of charges be calculated Independ-
ently for the two systems only where a sub-
stantial number of pharmacists In an area
used each of the methods of charging for dis-
pensing costs. Otherwise, use cf the per-
centile would have the result that a scatter-
ing of pharmacists using a given form could
set their own limit which might not be rea-
sonable In relation to the usual practices
In a community. In order to avoid this un-
desirable effect, where only a few pharma-
cists In an area used a gl,ven form of dispens-
ing charge, the limit on this charge would
normally be set at a level essentially equiva-
lent to the 75th percentile for the form of
dispensing charge most frequently used by
pharmacists In an area. In determining the
75th percentile, pharmacies with a lesser
volume of prescription business would be
compared with each other and all larger
volume pharmacies would be similarly com-
pared with each.
Increases in the prevailing professional
fees or other dispensing charges would be
recognized In a manner similar to recognition
of Increases in prevailing physicians' fees.
That Is to say. increases in prevailing fees or
dispensing charges could be recognized (not
more than annually) up to limits established
for program purposes by factors based upon
changes In costs of doing business and aver-
age earnings levels In an area during a given
period of time. A given pharmacy could
change from a professional fee to another
dispensing charge basis or vice versa, but
for program reimbursement purposes the net
effect of such change should be neutral.
Program pajTnent for the drug entity (In
given dosage forms and strengths) would be
limited to reasonable allowances determined
by the Secretary on the basis of the average
wholesale prices at which the various prod-
ucts of the drug entity (In a given dosage
form and strength) are commonly sold to
pharmacies In a region plus the professional
fee or dispensing charge. The beneficiary
would be obligated to pay 81 of the reason-
able allowance. If there was only one sup-
plier of a drug entity, the price at which It
was generally sold (plus the fee or dispensing
charge) would represent the reasonable al-
lowance. If. however, several products of the
drug (In the same strength and dosage form)
were generally available, reasonable allow-
ances would be established which would en-
2'0
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Wil
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Fl-st,
CONGRESSIONAL RECORD — SENATE
January ^, 1973
CO npaiss the lower priced products which
w« re generally available and sold to phar-
m icles in a region. The number or lower
pr ced products selected would stop at the
pc int where reasonable availability of the
drag entity is assured. In the latter case,
ot ler products of the drug entity (In the
CO .'ered dosage form and strength ) could
al! o be reimbursable — even though not
sp tclflcally included In the range of lower-
ced products — where the average whole-
e price of any such product was ai> or
below the point used by the Secretary In
es abllshlng a reasonable allowance. This
avoids the problem of having to
every eligible drug product falling within
range of acceptable supplier prices In
ortier for It to be reimbursable.
Products of a drug entity Included In the
Fcfrmulary which are priced above the high-
reasonable allowance would be reimbursa-
but only to the extent of the highest rea-
sohable allowance. The beneficiary would be
ot llgated to pay the excess cost.
There would be three circumstances under
ich the program payment for a prescrip-
n could exceed reasonable allowances,
if the supplier of a given drug product
(of a-Tirug entity in a strength and dosage
fo m included in the Formulary) can dem-
or strate to the Formulary Committee that
hi i product possesses distinct therapeutic ad-
vaatages over other products (of the same
dosage form and strength) of that drug en-
then the reasonable allowance for that
product would be based upon the price
which it was generally sold to pharmacies.
. where the Formulary Committee be-
lieved there was legitimate question concern-
the clinical equivalency of the various
ucts of different suppliers of a covered
entity (or of given dosage forms and
strengthens) the Formulary Committee
uld be expected to list all of the products
the covered drug entity (In the dosage
Xo^ms and strengths In question ) so as to pro-
le the prescrlber with complete discretion
uitU such time as the matter was resolved.
the reasonable allowance would be
upon the reasonable customary price
the pharmacy for the product prescribed
the physician in such cases. Third, If the
physician feit In a specific Instance that a
pi rticular manufacturer's product of a drug
Included In the Formulary, but which
priced above the highest product price
nent of the reasonable allowance, pro-
ijles superior therapy to his patient and if
prescribes that product In his own hand-
Itlng by Its established name and the name
Its supplier, the reasonable allowance for
product would he based upon the price
which it was generally sold to pharmacies.
, a physicians reasonable discretion to
cribe a particular product of drug entity
luded in the Formulary would be accom-
da:ecl. In such cases, however, the reason-
able allowance would not be greater than the
a<|tual usual cr customary charge at which
pTiarn,^acy sells that particular drug prod-
t to the general public. The committee ex-
ts that these unusual prescribing sltua-
s will occur In only a small percent of
s, and this procedure would not negate
overall medicare requirement that serv-
be reasonable and necessary. The Profes-
nal Standards Review Organizations (or.
the absence of a PSRO. other appropriate
• fesfjional review), would be available to
utinely review prescribing practices.
In circumstances other than those de-
Ibed above, where the cost of the drug
product prescribed by the physician exceeds
highest product price component of the
reasonable allowance, the benefltlary would
liable for charges to the extent of this ex-
Includlng any related dispensing fee or
cparge.
Ordinarily, however, the beneficiary's ob-
hkatlon Would be $1 per prescription, with
t: le program paying the balance to the phar-
n.acy.
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Reimbursement to providers participating
under medicare for other than the drugs
program (such as hospitals) would be made
on the regular reasonable costs basis.
In the case of Insulin, reimbursement
would be made to a pharmacy for Itsfeason-
able. usual and customary charge to the
general public, plus a reasonable billing al-
lowance less the $1 copayment.
Reimbursement would generally be made
only to participating pharmacies. The excep-
tion would be that payment may be made
for covered drugs dispensed by a physician
where the Secretary determines that the drug
was required in an emergency or that no
pharmacy was reasonably available In the
area.
PAETTCIPATING PHARMACIES
As mentioned above, reimbursement un-
der this program would be limited to par-
ticipating pharmacies. No program reim-
bursement would be made either to the bene-
ficiary or to a pharmacy where the prescrip-
tion was dispensed by a non-partlclpatlng
pharmacy. The use of participating phar-
macies would substantially decrease the ad^'ji
mlnlstratlve costs of the program, as partici-
pating pharmacies would generally submit
batches of prescriptions and the program
would not need to reimburse Individual
beneficiaries on a prohibitively costly pre-
scriptlon-b^-prescrlptlon basis.
Such pharmacies would have to be licensed
(where required) In the State In which they
operate and would have to meet conditions
of participation established by the Secre-
tary of Health, Education, and Welfare. Par-
ticipating pharmacies would file with the
Secretary a statement of their professional
fee or dispensing charges (Including mini-
mum charges) as of June 1, 1972, so that
the Secretary could determine the initial
prevailing fee or charges In the census region
for purposes of calculating reasonable al-
lowances.
Participating pharmacies would agree to
accept medicare reimbursement as payment
In full and would further agree not to charge
the beneficiary more than $1 copayment
(except to the extent that a product pre-
scribed by a physician was one whose cost
exceeded the rea^nable allowance).
The participating pharmacy would be paid
directly by medicare on a prompt and time-
ly basis with respect to eligible prescriptions
submitted. The prescriptions from each phar-
macy would be audited from time to time,
on a sample basis to assure compliance with
program requirements.
AD MINISTKATION
The committee amendment has been
structured in such a way as to simplify
and facilitate provision of and payment for
benefits.
However, the committee has chosen not to
specify a particular method or mold of
administration. Because this Is a new benefit.
It Is difficult to forecast which methods or
organizational structures might most suit-
ably Implement the committee's intent that
the drugs benefit be administered In the most
efficient, expeditious and economical fash-
Ion. Fulfillment of the committee's Intent
would not necessarily entail uniform organi-
zation and procedures In each region. The
Secretary could find that dlfi'erent means
of administration In different regions or areas
were appropriate in achieving the adminis-
trative objectives of the committee.
'Mr. RIBICOFF. Mr. President, today
Senator Montoya and I are introducing
legislation to provide medicare coverage
for certain prescription drugs purchased
outside the hospital. This legislation —
similar to that which Senator Montoya
and I introduced in the last Congress —
was reported out of the Senate Finance
Committee last year and approved by
the Senate. Unfortunately, the provision
was dropped in conference.
Millions of medicare patients every
year contract Illnesses of varying severity
that require treatment with prescription
drugs. The costs of these medicines
make up a large part of the expenses as-
sociated with an illness and can run into
hundreds or even thousands of dollars.
While drug costs consume a large por-
tion of the average senior citizen's med-
ical bill, the problem Is especially crit-
ical for those suffering from chronic
illnesses. Patients who suffer such af-
flictions as heart and respiratory disease
often are torn between bankruptcy and
survival. The chronic-illness patient has
average prescription drug expenditures
nearly three times as high as those with-
out such illnesses.
Under the provisions of our proposal
all persons covered under part A of med-
icare would be eligible for benefits. The
benefits would be available for drugs
necessary in the treatment of the follow-
ing chronic diseases:
Diabetes, high blood pressure, chronic car-
diovascular disease, chronic respiratory dis-
ease, chronic kidney disease, arthritis and
rheumatism, gout, thyroid disease, cancer,
epilepsy, Parkinson's disease, myasthenia
gravis, tuberculosis, and glaucoma.
A patient needing prescription drugs to
treat such diseases would be able to pur-
chase them through a participating
pharmacy for $1. Medicare would cover
additional costs.
The proposal would exclude drugs not
requiring a physician's prescription — ex-
cept for insulin — drugs such as antibi-
otics which are generally used for a short
period of time and drugs such as tran-
quilizers and sedatives which may be
used not only by beneficiaries suffering
from serious chronic illnesses, but also by
many other persons as well.
The cost of this proposal will be $700
million.
Ever since the inception of the medi-
care program it has been recognized that
providing coverage for drugs is of the ut-
most importance if we want to help
America's senior citizens hold down their
medical costs. I hope that Congress will
take rapid action to bring relief to the
millions of medicare participants who up
to now have had to singlehandedly bear
the burden of purchasing drugs.
I ask unanimous consent that the Sen-
ate Finance Committee excerpt from the
report on the same provision in H.R. 1
concerning drugs be inserted at this point
in the Record.
There being no objection, the excerpt
was ordered to be printed in the Record,
as follows:
Coverage of Certain Maintenance Dkuos
• Under Medicare
(Sec. 215 of the bill)
Background
The committee added an amendment to
the House bill which would provide coverage
of certain maintenance drugs under part A
of medicare. Medicare presently covers the
cost of drugs given to an Inpatient In a hos-
pital or extended care facility, but does not,
however, pay for prescription drugs on an
outpatient basis.
Beneficiaries and others have frequently
Indicated the lack of coverage for outpatient
drugs as the most significant gap In the
medicare benefit structure. Prescription drug
January ^, 1973
CONGRESSIONAL RECORD — SEN ATE
271
expenses account for a large part of the
health expenses of older people. More Im-
portant, perhaps, than the fact that drugs
represent a large out-of-pocket exp>ense for
the elderly Is that this expense Is distributed
unevenly among the elderly. Those with
chronic Illnesses such as heart or respiratory
diseases are often faced with recurring drug
expenses and many of these drugs are critical
to the survival of these chronically HI pa-
tients. As a result, the' elderly with chronic
Illnesses have, on the average, prescription
drug expenditures nearly three times as high
as those without chronic Illnesses.
The committee believes that an outpatient
prescription drug benefit Is the most Im-
portant and logical benefit addition to the
medi-are program. However, the committee
was quite concerned with the cost and ad-
ministrative problems associated with pro-
posals to cover all outpatient prescription
drugs under medicare. Covering all drugs for
the aged and disabled, with a $1 copayment,
was estimated by the Social Security Admin-
istration to cost about $2.6 billion. In addi-
tion, the administrative burden of covering
all drugs would be enormous since the pro-
gram would have to deal with millions of
small prescriptions, and the utilization con-
trols to assure that prescriptions reimbursed
under medicare were reasonable and neces-
sary and used only by beneficiaries, would be
quite cumbersome.
In studying the problems posed with re-
spect to establishing an outpatient drugs
benefit, the committee concluded that the
problems could in large part be surmounted
by an approach which focused on providing
specified drugs which are necessary for the
treatment of the most common crippling or
life-threatening chronic diseases of the el-
derly. This approach would have four advan-
tages: (1) It would result In the medicare
dollar being targeted toward patients with
chronic diseases who need drugs on a con-
tinuing basis for a lengthy period of time;
(2) it would substantially simplify adminis-
tration of a drugs benefit; (3) It would In-
corporate almost self-policing utilization
controls at a relatively low administrative
cost, since the program would Involve only
a relatively small number of drug entitles
and the necessity for these drugs would be
comparatively easy to establish; and (4) this
approach would substantially lower the cost
of providing a drugs benefit. The cost of the
amendment is estimated at $740 million for
the first full year beginning July 1, 1973.
The committee approach Is consistent with
the recommendation of the Task Force on
Drugs of the Department of Health, Educa-
tion, and Welfare. The Ta.sk Force, In accord-
ance with the Social Security Amendments of
1967, undertook many months of study con-
cerning the appropriateness and possible
methods of covering drugs under medicare.
In their final report. Issued In February 1969,
the Task Force stated :
"Available data on drug use by the elderly
support the hypothesis that coverage of only
those drugs which are Important for the
treatment of chronic lllne.ss among the el-
derly, and which usually are required on a
continuing or recurring basis, would concen-
trate the protection provided by a drug pro-
gram where It Is most clearly needed."
After reviewing the relative advantages of
this approach, the Task Force recommended;
"In order to achieve maximum benefits
with whatever funds may be available, and
to give maximum help to those of the elderly
whose drug needs are the most burdensome,
the Task Force finds that particular consid-
eration should be given to providing coverage
at the outset mainly for those prescription
drugs which are most likely to be essential
In the treatm.ent of serious long-term Ill-
ness."
The committee commends the Task Force
for its exhaustive and definitive efforts and
agrees with its recommendation.
SUMMARY OF COMMnTEE AMENDMENT
Basically, the committee amendment
would cover specific drugs necessary for the
treatment of the many crippling or Ufe-
threatenlng diseases of the elderly with the
beneficiary subject to a copayment of 81 per
prescription.
The chronic Illnesses covered under the
amendment were carefully chosen. The Task
Force on Prescription Drugs Issued a volumi-
nous study containing extensive data with
respect to drug utilization among the elderly.
The table below, taken from the Task Force
report, lists the more common chronic Ill-
nesses of the elderly. In order of the number
of prescriptions related to each condition.
Descending order for number of prescriptions
used in treatment of illnesses among the
aged
[Excluding mental conditions, gastrointes-
tinal disorders, chronic skin diseases and
anemia]
Number of Rx's
Diagnosed conditions; in thousands
Heart : 46,512
High blood pressure 19,681
Arthritis and rheumatism 17. 343
Genlto-urlnary conditions 9. 127
Diabetes 8,085
Colds, coughs, throat conditions
and Influenza' 7,504
Other disorders of circulatory sys-
tem 4,776
Injuries and adverse reactions ' 4, (XW
Neoplasm 3,701
Eye 3,683
Emphysema 2,766
Asthma and hay fever 2,547
Other respiratory conditions 2,415
Sinus and bronchial conditions 2, 138
Ear 2,113
Pi'eumonla 1,531
Thyroid 1,491
' Not Included In amendment because of
generally short-term nature of condition and
need for prescriptions.
The amendment would cover serious
chronic conditions necessitating long-term
drug treatm3nt with the exception of men-
tal and nervous conditions, chronic skin dis-
ease, anemia, and gastrointestinal disorders.
These diagnoses are excepted because
many of the drugs used In their treatment
(for example, tranquilizers, antacids, anti-
spasmodics, antldlarrheals, vitamins. Iron,
and skin ointments) are drugs which are also
used by many people for general reasons and
are, therefore, difficult to confine to appro-
priate usage by beneficiaries only (for ex-
ample, they could be acquired for use by
nonbeneflclaries) as opposed to drugs such as
Insulin or digitalis which are almost Invari-
ably used only by those who have a specific
need for them. In addition, concern has been
expressed that coverage of the "major"
tranquilizers used In the treatment of men-
tal Illnesses might encourage over-prescrib-
ing of potent tranquilizers for older people.
The amendment would further limit cov-
erage to only certain drugs used In the treat-
ment of covered conditions. In other wxirds,
pyeople with chronic heart disease often use
digitalis drugs to strengthen their heartbeat,
anticoagulant drugs to reduce the danger of
blood clots and other drugs to lower their
blood pressure. These types of drugs would
be covered under the amendment as they are
necessarily In the treatment of the heart con-
dition and they are not types of drugs gen-
erally used by people without heart condi-
tions. However, other drugs which might be
used by those with chronic heart conditions
(such as sedatives, tranquilizers and vita-
mins) would not be covered as they are drugs
which are generally less expensive, less crit-
ical In treatment and much more difficult to
handle administratively, as many patients
without chronic heart disease may also uti-
lize these types of medications.
The provision Is designed to establish a
basis for coverage of drugs capable of ad-
ministration at reasonable cost. In this form
and scope it is an approach capable of pro-
viding significant help and of allowing for
orderly future expansion If that were later
decided.
It is expected that the Formulary Com-
mittee will study the problems related to the
question of possible medicare coverage of
drugs used in the treatment of mental Ill-
ness with particular attention to development
of means of assuring appropriate usage of
such drugs. The Formulary Committee would
submit to the Congress, through the Secre-
tary, a report concerning its findings, con-
clusions and recommendations with respect
to this matter.
EUCIBILITT
All persons covered under part A of medi-
care would be eligible for the new outpatient
drugs benefit. Under the provision, the drugs
covered are necessary in the treatment of
the follovrtng conditions:
Diabetes, high blood pressure, chronic
cardiovascular disease, chronic respiratory
disease, chronic kidney disease, arthritis
and rheumatism, gout, tuberculosis, glau-
coma, thyroid disease, cancer, epUepsy,
Parkinsonism, and myasthenia gracls. i
The fact that the patient needs the arug
would Indicate that he suffers from one of
the above illnesses. Thus generally the exist-
ence of a specific chronic Illness would not
have to be established In connection with
the application for payment for the prescrip-
tion.
BENEFITS
The covered drug therapeutic categories
are as follows:
Andrenocortlcolds, Antl-anglnals, Anti-
arrhythmics, Anti-coagulants, Anti-con vul-
sants (excluding phenobarbltal) , Anti-
hypertensives. Antl-neoplastlcs, Antl-Parkln-
sonlsm agents, Antl-rheumatlcs, Broncho-
dilators, Cardiotonics, Chollnesterase Inhibi-
tors. Diuretics, Gout suppressants, Hypo-
glycemics, Miotics, Thyroid hormones and
Tuberculostatics.
Within these categories, eligible drugs would
be those prescription drug entitles which
are Included by dosage form and strength
In the Medicare Formulary described below.
The amendment would exclude drugs not re-
quiring a physician's prescription (except for
Insulin), drugs such as antibiotics which are
generally used for a short period of time and
drugs such as tranquilizers and sedatives
which may be used not only by beneficiaries
suffering from serlotis chronic Illnesses, but
also by many other persons as well. Benefi-
ciaries would Incur a SI copayment obliga-
tion for each prescription. They would also
be obliged to pay any charges In excess of
the product price component of the rea-
sonable allowances where a higher-priced
product of a drug Included In the Formu-
lary was prescribed and where the allow-
ances were based upon generally available
lower cost products (see "reasonable allow-
ance" below). Payment under this program
would not be made for drugs supplied to
beneficiaries who are Inpatients In a hospital
or skilled nursing facility because their drugs
are already covered under medicare.
FORMULARY COMMITTEE
To assure rational and professional con-
trol over the drugs covered and the cost of
the drugs benefit, and to assure that funds
are being targeted toward the most neces-
sary drug entities within each covered thera-
peutic category, a Medicare Formulary would
be established.
The Formulary would be compiled by a
committee consisting of five members, a
majority of whom would be physicians. The
members would Include the Commissioner of
Food and Drugs and four Individuals of
recognized professional standing and dlstlnc-
i72
CONGRESSIONAL RECORD — SENATE
January 4, 1973
t Ion In the fields of medicine, pharmacology
c r pharmacy who are not otherwise employed
I y the Federal Government and who do not
I ave a direct or Indirect financial Interest
II the economic aspects of the committee's
c ecislons. Members would be appointed by
1 he Secretary for 5-year staggered terms and
\,ould not be eligible to serve continuously
Isr more than two terms. The Chairman
\ ould 6e elected by and from the public
1 lembers for renewable one-year terms.
It la e.xpected that appointees to the
1 'ormulafy Committee will have the stature
I nd expertise to assure objective effort and
1 [.formed decision-making of a level en-
( enderlng public and professional confidence
1 [1 their Integrity and Judgment.
The Formulary Committee would be au-
1 horlzed, with the approval of the Secretary,
1 o engage or contract for such reasonable
1 echnlcal assistance as It determined It might
1 leed from time to time to enhance Its ca-
] laclty for Judgment concerning inclusion cf
( nigs In the Formulary. This could Include
1 itlllzlng the services of the committees and
1 echnlcal staff of the official compendia (the
1 Inlted States Pharmacopeia and the Na-
ilonal Formulary). The committee expects
1 hat such contracting would be undertaken
( n a lliblted ad hoc basis, and will be used
10 supplement, as necessary, the services
1 ,vallabl« within the Department.
The formulary Committee's primary re-
I ponslblllty would be to compile, publish.
i nd revise periodically a Medicare Formu-
1 iry which would contain a listing of the
<,rug entitles (and dosage forms and
strengths) within the therapeutic categories
< overed by the program which, based upon
1:3 professional Judgment, the committee
1 nds neeessary for proper patient care, tak-
1 ng Into account other drug entitles Included
1 a the Formulary. To aid fully Its consldera-
tlon as to whether a drug entity sliould be
1 acluded In the Formulary, the Formulary
(lommlttee would be authorized to obtain
1 ny records pertaining to a drug which were
f vallable to any other department or agency
( f the Federal Government and to request of
suppliers of drugs and other knowledgeable
I ersons or organizations pertinent Informa-
llon concerning the drug. The committee
^ rould be authorized to establish procedures
i.hlch It might require to determine the ap-
I roprlateness of Including or excluding a
( Iven drug from the Formulary.
The Formulary Committee would exercise
1 itmost care in maintaining the confldentl-
( llty of any material of a confidential nature
I aade available to it.
For purposes of Inclusion In or exclusion
1 rom the Formulary of any drug entity (in a
i ivea dosage form and strength), the prln-
( Ipal factors to be taken into account by the
committee would be: (1) Clinical equlva-
1 snce, in the case of the same dosage forms
1 a. the same strength of the same drug entity;
I nd (2) relative therapeutic value in the
( ase of similar or dissimilar drug entitles in
Ihe same therapeutic category. The price of
I drug entity would not be a consideration
la the Judgment of the Formulary Com-
] alttee.
In considering which drug entitles and
I trengths, and dosage forms, to Include in
1 he Medicare Formulary, the Formulary Com-
1 alttee is expected, on the basis of Its pro-
1 essional and sclentifiic analysis of available
1 nformatlon, to exclude such drugs as It
( ,etermlnes are not necessary for proper pa-
1 lent care taking Into account those drugs
or strengths and dosage forms) which are
: acluded in the Formulary.
For example, In their consideration of drug
I ntltles In the therapeutic category known
I A antl-angmals, a therapeutic category In-
< :luded In the covered categories, the Formu-
: ary Committee would be expected to take
nto account professional appraisals such as
he following which appears In "Drug Evalua-
tions— 1971," an authoritative publication of
.the American Medical Association:
"The effectiveness of the short-acting
agents, such as nitroglycerin and amyl ni-
trite, has been established through many
years of use. • • •-The oral administration
of the so-called 'long-acting nitrates e.g.,
pentaerythrltol tetranltrate, . . . erythrityl
tetranltrate, . . . Isosorblde-dinitrate, as well
as some preparations of nitroglycerin are
alleged to reduce the number of episodes and
the severity of the pain of angina pectoris.
The effectiveness of these agents Is even more
difficult to determine than that of the short-
acting nitrates, and thus the beneficial value
of their long-term use Is controversial. • • •
Thus, it cannot be concluded that the long
acting nitrates are of definite therapeutic
value for prolonged use.
"Many products are available that contain
a mixture of antianginal agents or an anti-
anginal agent with a sedative or other
drug(8); however, none of these fixed-dose
combinations Is rational. There is no evidence
that a combination of antianginal agents has
any advantage over the individual agents
and. If more than one type of drug is needed,
they should be prescribed separately."
The above quotation is illustrative of the
type of source and Information to which the
Formulary Conunlttee Is anticipated to give
serious consideration and weight In deter-
mining those drug entitles (and dosage forms
and strengths) which are reasonably appro-
priate as eligible drugs for purposes of medi-
care reimbiursement.
Prior to removing any drug entity (or a
particular dosage form or strength) from the
Formulary, the committee would afford rea-
sonable opportunity for a hearing on the
matter to persons engaged In manufacturing
or supplying the drug Involved. Similarly,
any person manufacturing or supplying a
drug entity not included In the Formulary,
but which he believed to possess the requisite
qualities for Inclusion, could petition the
committee for consideration of the Inclusion
of his drug and. If the petition was denied,
might, at the discretion of the committee,
upon reasonable showing to the Formulary
Committee of ground for a hearing, be
afforded a hearing on the matter.
In addition to the list of drug entitles In-
cluded In the Formulary, the Formultu^
would also Include a listing of the prices
(generally the average wholesale prices) at
which the various products of the drug en-
titles are usually sold by suppliers to estab-
lishments dispensing drugs.
The Formulary Committee would be solely
responsible for professional Judgment as to
which drug entitles (and dosage forms or
strengths) are included In the Formulary.
The Secretary would not be Involved In the
making of those professional determinations.
RXIMBimSK MKMT
Reimbursement would be based, generally,
on the average wholesale price at which the
prescribed product of the drug entity In-
cluded In the Formulary Is sold to pharm-
acies plus a professional fee or other dis-
pensing charges, except that reimbursement
could not exceed an amount which, when
added to the copayment required of the
beneficiary, exceeded the actual customary
charge at which the dispenser sells the pre-
scription to the general public.
Both components of the reimbursement
would be subject to overall limitations Just
as medicare's reimbursement to physicians,
hospitals and other suppliers Is subject to
overall limitations. The professional fee or
other dispensing charge would not be recog-
nized for medicare reimbursement purposes
to the extent that it was In excess of the 75th
percentile of fees or charges for other phar-
macies In the same census region. In estab-
lishing the 75th percentile limit In an area
where some pharmacies use one system of
calculation and others use a different system.
It Is the Intent that the 75th percentile of
charges be calculated Independently for the
two systems only where a substantial num-
ber of pharmacists in an area used each of
the methods of charging for dispensing costs.
Otherwise, use of the percentile would have
the resiilt that a scattering of pharmacists
using a given form could set their own limit
which might not be reasonable In relation
to the usual practices In a community. In
order to avoid this undesirable effect, where
only a few pharmacists In an area used a
given form of dispensing charge, the limit
on this charge would normally be set at a
level essentially equivalent to the 75th per-
centile for the form of dispensing charge
most frequently used by pharmacists In an
area. In determining the 75th percentile,
pharmacies with a lesser volume of prescrip-
tion business would be compared with each
other and all larger volume pharmacies
would be similarly compared with each other.
Increases In the prevailing professional
fees or other dispensing charges would be
recognized in a manner similar to recogni-
tion of Increases In prevailing physicians'
fees. That Is to say. Increases In prevaUlng
fees or dispensing charges could be recog-
nized (not more than annually) up to limits
established for program purposes by factors
ba.sed upon changes In costs of doing busi-
ness and average earnings levels In an area
during a given period of time. A given
pharmacy could change from a professional
fee to another dispensing charge basis or vice
versa, but for program reimbursement pur-
poses the net effect of such change should be
neutral.
Program payment for the drug entity (in
given dosage forms and strengths) would be
limited to reasonable allowances determined
by the Secretary on the basis of the average
wholesale prices at which the various prod-
ucts of the drug entity (in a given dosage
form and strength) are commonly sold to
pharmacies In a region plus the professional
fee or dispensing charge. The beneflciary
would be obligated to pay 81 of the reason-
able allowance. If there was only one supplier
of a drug entity, the price at which it was
generally sold (plus the fee or dispensing
charge) would represent the reasonable al-
lowance. If, however, several products ol the
drug (In the same strength and dosage form)
were generally available, reasonable allow-
ances would be established which would en-
compass the lower priced products which
were generally available and sold to phar-
macies In a region. The number of lower
priced products selected would stop at the
point where reasonable availability of the
drug entity Is assured. In the latter case,
other products of the drug entity (In the cov-
ered dosage form, and strength) could also be
reimbursable — ei?en though not specifically
Included In the range of lower priced prod-
ucts— where the average wholesale price of
any such product was at or below the point
used by the Secretary In establishing a
reasonable allowance. 'This procedure avoids
the problem of having to list every eligible
drug product falling within the range of
acceptable supplier prices In order for It to
be reimbursable.
Products of a drug entity included In the
Formulary which are priced above the high-
est reasonable allowance would be reim-
bursable but only to the extent of the high-
est reasonable allowance. Tlie beneflciary
would be obligated to pay the excess cost.
There would be three circumstances under
which the program payment for a prescrip-
tion could exceed reasonable allowances.
First, If the supplier of a given drug product
(of a drug entity In a strength and dosage
form Included In the Formulary) can demon-
strate to the Formulary Committee that his
product possesses distinct therapeutic ad-
vantages over other products (of the same
dosage form and strength) of that drug en-
tity, then the reasonable allowance for that
drug product would be based upon the price
January k, 1973
CONGRESSIONAL RECORD ^ SENATE
273
at which It was generally sold to pharmacies.
Second, where the Formulary CJonunlttee be-
lieved there was legitimate question concern-
ing the clinical equivalency of the various
products of different suppliers of a covered
drug entity (or of given dosage forms and
strengths) the Formulary Committee would
be expected to list all of the products of the
covered drug entity (In the dosage forms and
strengths In question) so as to provide the
prescriber with complete discretion until
such time as the matter was resolved. Thus,
the reasonable allowance would be based
upon the reasonable customary price to the
pharmacy for the product prescribed by the
physician In such cases. Third, If the phy-
sician felt In a specific Instance that a par-
ticular manufacturer's product of a drug en-
tity Included In the Formulary, but which
was priced above the highest product price
component of the reasonable allowance, pro-
vides superior therapy to his patient and If
he prescribes that the product In his own
handwriting by Its established name and the
name of its supplier, the reasonable allow-
ance for the product would be based upon
the price at which it was generally sold to
pharmacies. Thus, a physician's reasonable
discretion to prescribe a particular product
of a drug entity Included In the Formulary
would be accommodated. In such cases, how-
ever, the reasonable allowalice would not be
greater than the actual usual or customary
charge at which the pharmacy sells that par-
ticular drug product to the general public.
The committee expects that these unusual
prescribing situations will occur In only a
small percent of cases, and this procedure
would not negate the overall medicare re-
quirement that services be reasonable and
necessary. The Professional Standards Re-
view Organizations (or. In the absence of a
PSRO, other appropriate professional re-
view), would be available to routinely re-
view prescribing practices.
In circumstances other than those de-
scribed above, where the cost of the drug
product prescribed by the physician exceeds
the highest product price component of the
reasonable allowance, the beneflciary would
be liable for charges to the extent of this ex-
cess Including any related dispensing fee or
charge.
Ordinarily, however, the beneficiary's ob-
ligation would be $1 per prescription, with
the program paying the balance 'to the phar-
macy.
Reimbursement to providers participating
under medicare for other than the drugs pro-
gram (such as hospitals) would be made on
the regular reasonable costs basis.
In the case of Insulin, reimbursement
would be made to a pharmacy for Its reason-
able, usual and customary charge to the gen-
eral public, plus a reasonable billing allow-
ance less the SI copayment.
Reimbursement would generally be made
only to participating pharmacies. The excep-
tion would be that payment may be made for
covered drugs dispensed by a physician where
the Secretary determines that the drug was
required In an emergency or that no phar-
macy was reasonably available In the area.
PARTICIPATING PHARMACIES
As mentioned above, reimbursement un-
der this program would be limited to partic-
ipating pharmacies. No program reimburse-
ment would be made either to the beneflciary
or to a pharmacy where the prescription was
dispensed by a non-partlclpatlng pharmacy.
The use of participating pharmacies would
substantially decrease the administrative
costs of the program, as participating phar-
macies would generally submit batches of
prescriptions and the program would not
need to reimburse Individual beneficiaries on
a prohibitively costly prescrlptlon-by-pre-
scrlptlon basis.
Such pharmacies would have to be licensed
(where required) In the State In which they
operate and would have to meet conditions
of participation established by the Secretary
of Health, Education, and Welfare. Partici-
pating pharmacies would file with the Secre-
tary a statement of their professional fee for
dispensing charges (Including minimum
charges) as of June 1, 1972, so that the Sec-
retary could determine the Initial prevailing
fee or charges In the census region for pur-
poses of calculating reasonable allowances.
Psirtlclpatlng pharmacies would agree to
accept medicare reimbursement as payment
In full and would further agree not to charge
the beneflciary more than $1 copayment (ex-
cept to the extent that a product prescribed
by a physician was one whose cost exceeded
the reasonable allowance) .
The participating pharmacy would be paid
directly by medicare on a prompt and timely
basis with respect to eligible prescriptions
submitted! The prescriptions from each
pharmacy woulc be audited from time to
time, on a samplo basis to assure compliance
with program requirements.
ADMINISTR-^TION
The committee amendment ha:; been struc-
tured In such a way as to simplify and facil-
itate provision of add payment for benefits.
However, the committee has chosen not to
specify a particular method or mold of ad-
ministration. Because this Is a new benefit.
It Is difficult to forecast which methods or
organizational structures might most suit-
ably implement the committee's Intent that
the drugs benefit be administered In the most
efficient, expeditious and economical fashion.
Fulfillment of the committee's intent would
not necessarily entail uniform organization
and procedures In each region. The Secretary
could find that different means of adminis-
tration In different regions or areas were ap-
propriate in achieving the administrative ob-
jectives of the committee.
By Mr. THURMOND (for him-
self and Mr. Hartice) :
S. 176. A bill to amend title 38, United
States Code, to provide for a special ad-
dition to the pcn.'^ion of veterans of
World War I and to the pension of
■ftidows and children of veterans of
World War I. Referred to the Commit-
tee on Veterans' Affairs.
WORLD WAR I PENSION ACT OF 1973
Mr. THURMOND. Mr. President, on
October 12, 1972, the Senate unanimous-
ly passed the World War I Pension Act
of 1972.
Unfortunately, passage came late in
the session, and the House did not act
on this important piece of legislation
before adjournment. I am pleased that
Senator Hartke, chairman of the Vet-
erans' Affairs Committee, joins as a co-
sponsor.
Mr. President, I am now reintroducing
this bill as the World War I Pension Act
of 1973 with the hopes that it will re-
ceive prompt attention.
The World War I Pension Act of 1973
will amend chapter 15 of title 33. United
States Code, to provide a 10-percent in-
crease in monthly pensions to World
War I veterans, their widows smd de-
pendents, and will accomplish the same
purposes of the 1972 act which passed
the Senate last year.
We owe a great debt to our World
War I veterans. In many Instances it
has been said that the veterans of World
War I were never afforded the benefits
comparable to those provided to vet-
erans since that time.
Mr. President, our World War I vet-
erans deserve these benefits to meet the
rising cost of living and the increased
need for medication in the older years.
Our World War I veterans are now few
in number and up in age, and most of
them are living on a fixed income.
Accordingly, Mr. President, I am proud
to sponsor this bill, and hope it receives
favorable consideration. • I ask unani-
mous consent that this bill be printed in
the Congressional Record at the con-
clusion of my remarks.
There being no objection, the bill was
ordered to be printed in the Record, as
follows:
S. 176
Be it enacted by the Seriate and House
of Representatives of the United States of
Avierica in Congress assembled, That this
Act may be cited as the "World War I Pen-
sion Act of 1973".
Sec. 2. That (a) chapter 15 of Utle 38,
United States Code, Is amended by adding
after section 507 a new section as follows:
"I 508. Special provisions relating to veterans
of World Wtu- I and to widows and
children of veterans of World War I
"(a) The amount of pension to which any
veteran of World War I Is entitled under
section 521(b) or (c) of this title and the
amount of pension to which any widow of a
veteran of World War I Is entitled under
section 541 of this title shall be Increased
by 10 per centum.
"(b) The monthly rate payable to any vet-
eran of World War I under section 621(d)
for regular aid and attendance shall be In-
creased by $15.
"(c) The monthly rate payable to any vet-
eran of World War I under section 521(e)
shall be Increased by $6.
"(d) The monthly rate to which any child
or children of a veteran of World War 1 Is
entitled under section 542 of this title shall
be increased by $8 In the case of one child
and by $1 for each additional child."
(b) The table of sections at the beginning
of chapter 15 of title 38, United States Code,
Is amended by adding immediately below
"507. Disappearance."
the following:
"508. Special provisions relating to veterans
of World War I and to widows and
children of veterans of World War
I.".
Sec. 3. This Act shaU take effect on toe
first day of the second calendar month afte^>^_
passage of this Act. '^
/
By Mr. THURMOND: i
S. 177. A bill to amend section 4 of the
Internal Security Act of 1950. Referred
to the Committee on the Judiciary.
A BILL TO RESTRICT TRAVEL OF U.S. CITIZENS TO
ANT COUNTRT ENGAGED IN ARMED CONFUCT
WITH THE UNITED STATES
Mr. THURMOND. Mr. President, today
I am offering a bill in response to a situa-
tion that has become intolerable with the
Vietnam conflict, particularly in our ef-
fort to obtain release of American
POWs held by North Vietnam.
This legislation would allow the Presi-
dent to restrict travel by U.S. citizens or
nationals to any country whose military
forces are engaged in armed conflict with
the military forces of the United States.
This restriction would close a loophole
in our present law which the trips of
Jane Fonda and Ramsey Clark have
demonstrated.
The actions of these individuals caused
Irreparable harm by not only casting
doubt and unrest In the minds of our
young soldiers but also In the minds of
American prisoners of war. Mr. Presl-
K
274
deit
ers
, cart you imagine how these prison-
feel when they hear such adverse
statements by U.S. citizens about their
own Government. Such statements are
broadcast throughout the POW com-
po mds and certainly heighten the abject
de; pair these men must feel.
: At. President, a terrible problem exists
when such misguided activities become
reidy tools for Communist propaganda.
WliUe we are winding down the war in
Vii tnam. it becomes more and more im-
po -tant that we do not forget the plight
of 5ur POW's. These men must not think
that the United States has forgotten
th( m as such Irresponsible broadcasts
prf bably lead them to believe. I urge my
to support this bill and halt
damage which is being caused by
. citizens who are allowed to travel
in enemy country without ofBcial au-
thdrization. Never before in the history
our Nation has such a situation ex-
isted. I feel that we owe these prisoners
mc re than this and I am sure that every
concerned American will agree.
:A.r. President, I request that this bill
be appropriately referred and ask unan-
ImDus consent that It be printed in the
Cos-GREssioNAL RECORD at the concluslon
of my remarks.
' tiere being no objection, the bill was
ore ered to be printed in the Record, as
fol ows:
S. 177
col leagues
th<
U.
to
i
of
sec:
(5C
suqh
It
or
of
tbi^
(hi
CONGRESSIONAL RECORD — SENATE
January ^, 1973
e it enacted by the Senate and House
Representatives of the United States of
Arrierica in Congress assembled. That (a)
Ion 4 of the Internal Security Act of 1950
U.S.C. 783) Is amended by adding Im-
metllately following subsection (c) of such
secjlon the following new subsection:
(d) The President may restrict travel by
and nationals of the United States
In. or through any country or area whose
Itary forces are engaged In armed conflict
wit h the military forces of the United Stat«s.
:h restriction shall be announced by pub-
notice which shall be published In the
Register. Travel to such restricted
coilntry or area by any person may be au-
thqrlzed by the President when he deems
travel to be In the national Interest."-
ihall be unlawful for any citizen or na-
tlo lal of the United States willfully and
without such authorization to travel to. In,
through any country or area In violation
i restriction on such travel pursuant to
subsection.
b) Section 4 of such Act Is further
amfended by redesignating existing subsec-
tlo IS id) through (f), as (e) through (g).
cittzens
to.
ml
wli
Su
Uc
Federal
By Mr. THURMOND:
178. A bill relating to the carrying
concealed weapons in the District of
Co umbia. Referred to the Committee on
thi District of Columbia.
inX TO RESTRICT THE CARRYING OF CON-
< EALED WEAPONS IN THE DISTRICT OF CO-
1 tTMBIA
: ,Ir. THURMOND. Mr. President, today
im introducing a bill to restrict the
ca Tying of concealed weapons in the
Di ;trict of Columbia,
: n a recent study by the Washington
Pc Ice Department, It was found that the
ca Tier of a pistol has not only a five out
of six chance of escaping imprisonment
up)n his arrest, but also a two out of
th -ee chance of total freedom even if he
Is convicted of carrying an unlicensed
pli tol In the District.
As our Nation's Capital, Washington
should exemplify law and order. At the
present time, the average citizen is
afraid to go downtown at night and im-
less strong action is taken, this problem
will increase.
The Washington Chief of Police, Jerry
V. Wilson, stated:
In our view the Congress did not Intend in
1932, nor does It Intend now In Ugh^ of the
dram&tlc Increase nationally In the gun
problem, that those who carry pistols on the
streets of this city in violation of the statute
be treated In such a lenient fashion.
Mr. President, I believe that a stronger
penalty for carrying a concealed weapon
in the District of Columbia has long been
needed. I request that this bill be ap-
propriately referred and ask unanimous
consent that it be printed in the Con-
gressional Record at the conclusion of
my remarljs.
There being no objection the bill was
ordered to be printed in the Record, as
follows :
S. 178
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That the sec-
ond sentence of section 4 of the Act of July
8, 1932, as amended (D.C. Code, sec. 22-3204) ,
is amended to read as follows: "Whoever vio-
lates this section shall be fined not more than
$1,000 and Imprisoned for a term which shall
not be less than six months or more than one
year; except that, if any person commits a
violation of this section after one or more
prior convictions of him for a violation of
this section, or for a felony in the District of
Columbia or any other jurisdiction, such per-
son shall be fined not more than $2,000 and
Imprisoned for a term which shall not be less
than one year or more than ten years."
Sec. 2. Any person convicted of a violation
of section 4 of the Act of July 8. 1932, as
amended (DC. Code, sec. 22-3204), and with
respect to such conviction is sentenced on or
after the date of the enactment of this Act,
shall, 4f such violation occurred prior to the
date of the enactment of this Act, be sen-
tenced in accordance with the provisions of
such section 4 as such provisions existed on
the date immediately preceding the date of
the enactment of this Act.
forced busing solely for the purpose of
achieving racial balance is counter-produc-
tive. Instead of helping in the effort to pro-
mote better race relations, it is resulting in
more bitterness and more polarization.
Unfortunately, Mr. President, this
assessment of forced busing is even more
true today.
In that 1971 statement I also took note
of Chief Justice Burger's expression that
some district courts were going beyond
constitutional requirements in ordering
forced busing. Since then, confusion at
the district court level has been com-
pounded by decisions handed down by the
Fourth and Sixth Circuit Courts of Ap-
peals in the Richmond and Detroit cases.
As yet, the Supreme Court has not re-
solved the problem. Because of failure on
the part of the judiciary, I have strongly
advocated enactment by Congress of leg-
islation in the hope that Congress would
be more responsive to the viill of the great
majority of Americans.
So far, the response of Congress has
been less than satisfactory. Antibusing
provisions attached to the 1972 higher
education bill proved to be weak and in-
effective. And despite the fact that a ma-
jority in both the House and Senate stood
ready to vote for stronger legislation in
the last session, procedural delays in the
Senate prevented it from becoming law.
Following through on a pledge made
to the people of Michigan during the
campaign, I am today introducing two
measures — a proposed constitutional
amendment to prohibit busing based on
race, and a bill to withdraw the jurisdic-
tion of Federal courts to issue busing
orders based on race.
I urge the Senate to consider these
tjneasures at an early date.
By Mr. GRIFFIN :
S. 179. A bill to limit the jurisdiction
of Federal courts to issue busing orders
based on race. Referred to the Commit-
tee on the Judiciary.
S.J. Res. 9. A joint resolution propos-
ing an amendment to the Constitution
of the United States relating to the as-
signment and transportation of pupUs to
public schools. Referred to the Commit-
tee on the Judiciary.
FORCED SCHOOL BtTSING
Mr. GRIFFIN. Mr. President, I intro-
duce for appropriate reference a pro-
posed amendment to the Constitution to
prohibit forced busing of school children
on the basis of race, and I introduce for
appropriate reference a bill to limit the
jurisdiction of Federal courts to issue
busing orders based on race.
These proposals are similar to propos-
als that I offered and advocated in the
last session of Congress.
Mr. President, over a year ago I made
the following statement:
As one who wants to make more and more
progress toward racial equality and an Inte-
grated society, I am deeply concerned that
By Mr. WILLIAMS (for himself,
Mr. Hathaway, and Mr. In-
GUYE) :
S. 180. A bill to amend the Federal Wa-
ter Pollution Control Act in order to re-
quire the approval of adjacent coastal
States prior to the construction of cer-
tain offshore facilities. Referred to the
Committee on Public Works.
THB COASTAL ENVIRONMENT PROTECTION ACT
Mr. WILLIAMS. Mr. President, I am
introducing today legislation to assure
that coastal States have clear authority
to approve or disapprove the construc-
tion of facilities such as oil transfer sta-
tions or nuclear power generators which
are to be built off their coast in the ocean.
This legislation is essentially the same
as S. 3844, which our former distin-
guished colleague from Delaware, Mr.
Boggs, introduced last year. I joined in
sponsoring the legislation then because
it was apparent that we have reached the
point where various offshore facilities are
being actively promoted.
And now, Mr. President, we appear to
be progressing even more rapidly toward
the construction of deepwater super-
tanker ports or nuclear power generator's
which pose severe environmental threats
to our coastal States.
Last September, imder contract with
the Maritime Administration, Soros As-
sociates, Inc., submitted a major study
that was prepared "in an effort to stimu-
late the development of deep-draft ma-
January ^, 1973
CONGRESSIONAL RECORD — SENATE
275
rine terminals in the United States."
This study primarily focused on prob-
lems associated with the location and
construction of deepwater ports capable
of offloading and storing cargoes of enor-
mous supertankers which generally carry
fuel oil.
As the demand for imported oil in-
creases around the world, these super-
tankers with capacities over 200,000 dead
weight tons are being used to a greater
extent because of the substantial econ-
omies of scale they provide in trans-
portation costs. Unfortunately, almost all
the harbors in this country are too shal-
low to accommodate the deep draft of
these ships. Accordingly, the concept of
deepwater ports located in the ocean is
being promoted so that these mammoth
ships can offload and store their cargo
before it is transshipped or piped ashore.
The Soros study recommended con-
struction of a major fuel import facility
off Cape May, N.J. However, before this
final recommendation was made a total
of 32 different sites were investigated in
our coastal waters and nearly every
coastal State was adjacent to one or
more of these potential sites.
In addition to this study, the Corps
of Engineers, pursuant to a Senate res-
olution, is conducting a similar survey
covering the coast from Virginia to
Maine. The corps has been holding hear-
ings to gage the public reaction to the
two alternatives it is seriously consider-
ing: a regional facility located about 13
miles off Long Branch, N.J., or two local
facilities — one off Long Branch and one
off Cape May, N.J. I might add that in
hearings held last December, substantial
and concerted public opposition to both
of these alternatives was mounted by
New Jersey residents.
In reviewing these two proposals, I am
indeed disturbed by the wholly inade-
quate attention given to the environ-
mental threat these ports pose and the
economic and cultural impact they would
have on neighboring communities.
In September 1971, Arthur B. Little,
Inc. published a report wlilch indicated
that substantial industrial development
has necessarily accompanied the con-
struction of the various deepwater ports
used for imports around the world. These
ports require huge tank farms, pumping
stations, and substantial increases in re-
fining capacity located nearby on the
mainland.
The problem most coastal States face
is that this sort of development and con-
struction plus the potential environmen-
tal threats of highly toxic oil spills, acid
runoffs, and increased sewage would ef-
fectively terminate or severely impede
the resort business. In New Jersey, tour-
ism is the largest industry. For example,
Cape May County, which would be direct-
ly affected by the construction of a port,
relies on tourism for 90 percent of its
economic base.
It is imnortant to note that there are
several other proposals for siting facilities
off our Nation's coasts. Among the most
controversial is the proposed construction
of several floating nuclear power plants.
This is also designed to meet our pro-
jected energy needs.
The floating powerplant concept Is
certainly novel, a^d I am aware of the
many advantages claimed for it, espe-
cially as a solution to the problems asso-
ciated with locating these plants. How-
ever, it will present serious environmen-
tal questions and I am deeply concerned
about how many different offshore facili-
ties will be strung along the coasts, each
presenting its own environmental threat
to the same population concentrations.
Again, I believe that 'those likely to be
affected must have the maximum oppor-
tunity to be heard before they bear the
impact of a catastrophic miscalculation.
Mr. President, I would like to empha-
size that because of the spiraling energy
demand of the Northeast, Federal, State
and industrial interests are concentrat-
ing on sites off the east coast for deep-
water ports or powerplants. Nonethe-
less, as I have already pointed out, sites
off nearly every coastal State have been
studied and any of these States might
eventually be confronted with this con-
struction and its associated environmen-
tal threats.
I believe that this bill is essential be-
cause the people who will be affected by
an environmental catastrophe or mas-
sive change in their community must
play a key role in the development and
control of that community.
My bill provides that a Federal depart-
ment or agency which is considering the
construction, licensing or approval of
any facility beyond the territorial sea
off the coast of the United States must
submit a complete report on the facility
to the Administrator of the Environ-
mental Protection Agency who will for-
ward the report to the Governor of each
adjacent coastal State which might be
adversely affected by pollution from such
a facility. Then, those Governors have 90
days to evaluate the report and dis-
approve it if they choose to. If a Gover-
nor does disapprove it, the facility cannot
be licensed or constructed. Clearly, this
legislation would provide the coastal
States with meaningful control over en-
vironmental threats which originate in
the ocean.
In testimony at the Corps of Engineers
hearings on the proposed ports off Long
Branch or Cape May, I stated that the
final decisions on these matters must be
made by the people most directly affected.
Since there appears to be considerable
pressure for these ports, I urge that this
legislation receive prompt and favorable
consideration in the 93d Congress so
that the affected, potentially threatened
States will have a direct, constructive
role in the plarming of such facilities.
Mr. President, I ask unanimous con-
sent that the text of this bill be printed
in the Record at this point.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
S. 180
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That Title IV
of the Federal Water Pollution Control Act
Is amended by inserting at the end thereof a
new section as follows:
"STATE APPROVAL OF CERTAIN OCEAN
FACILITIES
"Sec. 406. (a) The Congress finds that con-
sideration Is being given to the construction
beyond the territorial sea off the coast of the
United States of ship docking, electric gen-
erating, and other facilities. Since adjacent
coastal States might be adversely affected by
pollution from such facilities it Is hereby
established as Federal policy to require ap-
proval of any States which may be so affected
before any such facilities are constructed.
"(b) No Federal department or agency
shall construct, or license or approve In any
way the construction of, any facility of any
kind beyond the territorial sea off the coast
of the United States until (1) such depart-
ment or agency has filed with the Adminis-
trator of the Environmental Protection Agen-
cy a complete report with respect to the pro-
posed facility; (2) the Administrator has for-
warded su«h report to the Governor of each
adjacent coastal State which might be ad-
versely affected by pollution or related con-
sequences from such facility; and (3) each
such Governor has filed an approval of such
proposal with the Administrator. Any Gover-
nor who does not, within ninety days after
receiving a report pursuant to this section,
file an approval or disapproval of the proposal
in such report shall be considered for the
purpose of this section to have approved such
proposal.
"(c) The provisions of this section shall
not apply to facilities constructed under
leases pursuant to the Outer Continental
Shelf Lands Act."
By Mr. MOSS:
S. 181. A bill to authorize reduced fares
on the airlines on a space available basis
for individuals 21 years of age or younger
or 65 years of age or older. Referred to
the Committee on Commerce.
REDUCED AIRLINE FARES FOR TOUTHS AND SENIOR
CITIZENS
Mr. MOSS. Mr. President, I introduce
for appropriate reference a bill to amend
section 403 of the Federal Aviation Act
of 1958 to authorize reduced fares on the
airlines for individuals 21 years of age or
younger or 65 years of age or older.
In the last two sessions of the Congress
I have introduced legislation authorizing
those airlines which so desired to promul-
gate senior citizens' fares. In September
of last year I Introduced this proposal in
the form of an amendment to S. 2280,
the antihi jacking bill, and for the first
time Included language with the purpose
of providing statutory authority for
youth fares.
My amendment to the antihijacking
bill was introduced in the wake of firm
rumors from airline representatives that
the Civil Aeronautic Board would soon
hand down a decision striking down
youth fares. I sought to head off such a
decision by offering a statutory instead
of an administrative basis for youth
fares. My amendment passed the Senate
on September 21 and would have au-
thorized— I emphasize — authorized, not
required airlines to offer reduced fares
for youth and for senior citizens on a
standby basis.
Unfortunately, the House and Senate
were not able to agree on other provi-
sions of the antihijacking bill and my
amendment was lost.
Since that time the CAB has in fact
forbidden youth fare with the rationale
that such fares are discriminatory and
that promotional fares in general have
failed to increase ridership to make up
for the revenues lost by the fare reduc-
tions. The argument was made that the
airlines were using promotional fares,
that is so-called excursion rates and
others, to take passengers awa^ from
24
yo ith
fu
b£|sis.
to
P
V
fi
at4
fare
ye ar.
6(
pe rcent
basis.
tions
CONGRESSIONAL RECORD — SENATE
Januanj 4, 1973
ea :h other rather than to attract new
riders Into the market.
From what I have been able to learn
fare has been a singularly success-
ventiire when offered on a standby
Senator Montoya in his statement
the Aviation Subcommittee last year
pdinted out that in 1968 some 5 million
qung people took advantage of youth
, saving themselves $112 million, but
the same time the airlines made a $21
million profit on youth fare this same
. In allowing a guaranteed seat for
percent of full fare, instead of a 50-
reductlon on a space available
the inherent advantages of the
t^ndby fares were lost and new ques-
of possible discrimination were
ised.
Certainly it can be argued that re-
duced fares for any age group are on
tl:eir face discriminatorj' against non-
f Efvored age groups. But existing law bars
unjust discrimination. Moreover,
Congress can provide for preferen-
treatment of one category of per-
if It provides a rational basis for
treating this group differently from the
of society. Finally, most people
)uld agree that any claim of discrim-
is substantially vitiated when
proposed beneficiary is forced to un-
go the uncertainty and discomfort of
sttinding by to see if there are unused
available.
I feel that youth fares should be con-
lued — at least those airlines which
inted to should be able to offer such
but on a space available basis only.
My bill to this effect is in recognition
the modest incomes of younger Amer-
it recognizes the desirability in
fettering the flj'tng habit among Amer-
's young people. In short, I believe
proposal makes good sense from
an economic and a social policy
v^wpoint.
I believe that the case in favor of re-
duced fares for senior citizens on the
lines is just as compelling. Several
atlines have attempted to offer reduced
rres for senior citizens, but have been
blocked by the CAB on the basis of the
.sible discriminatory effect of these
res. Like the youth fare provisions
nt)ted earlier, my bill would authorize
ose airlines which so desire to offer re-
dtced fares for senior citizens on a space -
available basis. My reasons for suggest-
g this proposal are:
First, the average load factor on the
atlines is less than 50 percent; for the
fqurth year in a row — airlines are flying
s than half full;
Second, senior citizens are precisely
group that could make use of the air-
lijies during "offpeak" hours ■v/hen travel
the lightest.
Third, senior citizens make up only 5
ptrcent of all airline passengers but 10
percent of our population;
Fourth, senior citizens do not fly be-
cause they cannot afford to do so: and
Fifth, when fares are reduced the sen-
cttizens will take advantage of the
reductions.
I offer two examples: the Chicago and
w York experiments with mass transit
e been most successful. In the first
liar after fare reductions, the Mayor's
Office on Aging in New York announced
rais
oily
the
tiiLl
sons
tr;a
refet
w
iiTJation
the
d( r
seats
ti
w
fstres
ol
Ic ins;
fcs
ici
tl is
bdth
f
p )s.s
ir
les
the
a 27-percent increase in ridershl{J' and
the success of Hawaiian and Aloha Air-
lines. The only airlines the CAB has of-
fered to allow reduced fares for senior
citizens since 1965 are Aloha and Hawai-
ian Airlines. Since instituting the fares
in 1968 Hawaiian has experienced a 38-
percent increase in overall passengers
but a 400-percent increase In senior citi-
zen passengers. I want to emphasize that
these fare reductions are offered on a
standby only basis, like my current pro-
posal. At the same time Hawaiian has
seen senior citizen standby revenues In-
crease by more than 400 percent since
1968.
Let me now address the question of the
suitability of standby fares for senior
'citizens directly.
First, I offer the success of Hawaiian
Airlines — the only ongoing experiment on
reduced fares as an example of "senior
citizens standby" fares at work;
Second. I would point out that the
White House Conference on Aging con-
sidered the question and delegates from
each of our States and asked the Con-
gress to institute reduced fares on a space
available basis;
■third, the inconvenience of waiting
in an airline terminal is offset by the
inconvenience of traveling long hours in
a bus; and
Fourth, if senior citizen fares are to be
successful, fares must be reduced as
much as possible. Deep reductions in
fares are not possible or economically
feasible on a positive space basis.
I believe that this proposal is an im-
portant step in correcting the way that
this, society treats Its elderly. We some-
times forget that almost 1 out of 4
seniors lives in poverty, that medicare
still only covers 42 percent of their health
needs and that 6 million seniors live in
substandard housing. My bill represents
a test of the way our society will treat its
older citizens in the future.
I hope the bill can be for the benefit of
both our young people and their elders
who have contributed so much to society
for so long.
icr
Ne
h iv(
By Mr. STEVENS:
S. 182. A bill to create a program to
facilitate the construction of commimlty
marine ways, and for other purposes.
Referred to the Committee on Com-
merce.
FEDERAL MARINE WATS GRANT AND
LOAN PROGRAM
Mr. STEVENS. Mr. President, the fish-
ing industiV in Alaska is the largest pri-
vate employer in my State. More Alas-
kans are directly or indirectly depend-
ent on fishing than on any other indus-
try. It is second only to oil in the amount
of revenue it brings into the State.
Fishing in Alaska involves thousands
of independent fishermen living In
dozens of small towns scattered over
thousands of miles of Alaskan coastline.
Should one of these fishermen have seri-
ous mechanical trouble with his boat, he
is immediately faced with substantial
financial loss because his boat is likely to
be out for the entire fishing season.
The reason for the problem Is that
there are few places where the repairs
can be effected in Alaska. The owner will
often have to take his boat to the "Lower
48" to have it repaired. The round trip
to the nearest marine ways consumes
almost the entire fishing season.
The solution to this problem is simple.
Facilities for the repair and maintenance
of vessels should be built right at the
fishing communities. But there is not
enough capital available in these small
communities to finance the large invest-
ment required to provide adequate ma-
rine ways facilities.
I am, therefore. Introducing a bill to-
day which I originally introduced in the
91st Congress as S. 4449 and again last
Congress as S. 44. This will provide for
Federal grants covering up to 50 percent
of the cost of such facilities and provide
Federal loans for the remainder. The
Department of Commerce already pro-
vides loEins for fishing vessels and for
many other projects. But this bill will
put special emphasis on this problem
which is particularly acute in Alaska.
The loan portion of the marine ways
facilities would be made from the fisher-
ies loan fund. Additional capital would
be added to the fund to compensate for
the additional demand the marine ways
program would generate.
The grant portion of the program
would be financed by a $5 million ap-
propriation and would be operated by the
National Oceanic and Atmospheric Ad-
ministration. Grants would be made only
to communities which are located at
least 100 statute mUes by sea from the
nearest existing marine ways facilities
adequate to their needs. Tills require-
ment would Umit the program to those
areas which have great need, but have
thus far been unable to find the required
capital.
Mr. President, the present lack of
marine ways facilities in my State makes
a malfunction in a vessel that would
normally be an annoyance a financial
disaster. The program I am proposing
will generate the capital necessary to
allow these fishermen to help themselves
by collective action in their local com-
munities.
By Mr. STEVENS (for himself
and Mr. Gravel) :
S. 185. A bill to amend section 2634
of title 10. United States Code, relating
to the shipment at Government expense
of motor vehicles owned by members of
the armed forces. Referred to the Com-
mittee on Armed Services.
SHIPMENT AT GOVERNMENT EXPENSE OF CERTAIN
MOTOR VEHICLES
Mr. STEVENS. Mr. President. I would
like to reintroduce a bill for myself and
my colleague, Mr. Gravel, to amend sec-
tion 2634 'a > of title 10, United States
Code. This will authorize the shipment
of privately owned vehicles to and from
Alaska by commercial carrier by the
Alaska ferr>' system and other surface
transportation. This bill was introduced
by us in the 92d Congress and was also
introduced by our colleague, Mr. Beglch,
in the House. The bill, H.R. 15621, passed
the House of Representatives late in the
session. However, because of the press of
time, it could not be taken up on this
side.
We are reintroducing it with the hope
January h 1973
CONGRESSIONAL RECORD — SENATE
277
that hearings will be possible early in the
93d Congress.
Mr. President, this bill would give the
military departments more flexibility In
moving privately owned automobiles of
militar>' personnel stationed in Alaska
to and from Alaska in that it would al-
low shipment by water transportation,
railroad transportation, or a combina-
tion thereof.
At the present time, there Is only one
carrier serving Anchorage directly by
water. The language of the existing law
prohibits use of any mode of transpor-
tation except water carrier. This means
that under existing law. the carriers serv-
ing Anchorage by water have all the mili-
tary' privately owned vehicle business.
There are other land carriers Interested
in the business, who would be able to
compete if this bill were law.
In addition, the military departments
have indicated in the past, and I am
certain that feeling has not changed
now. that they would like to have several
modes to choose from. As a rule, compe-
tition for Government business keeps
Government costs down. Therefore. Mr.
President, if this bill is enacted, benefits
will be fourfold:
First, it will allow several carriers to
bid on the military business to and from
Alaska.
Second, it will give the military de-
partments greater flexibility in their
contracting authority.
Third, it will assure the taxpayers that
transportation of the vehicles is being
provided the Government at the lowest
possible cost.
Fourth, it will insure Alaska-based
servicemen the most expeditious ship-
ment of their privately owned vehicles.
Mr. President, I ask unanimous con-
sent that the test of the bill be printed
at the conclusion of my remarks.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
s. 185
A bill to amend section 2634 of title 10,
United States Code, relating to the ship-
ment at Government expense of motor
vehicles owned by members of the Armed
Forces
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That section
2634(a) of title 10, United States Code, Is
amended by —
(1) striking out the word "or" at the end
of clause (2) ;
(2) striking out the period at the end of
clause (3) and Inserting in lieu thereof a
semicolon and the word "or"; and
( 3 1 adding at the end thereof a new clause
as follows:
"(4) in the case of movement to or from
Alaska, by commercial motor carrier via
highways and the Alaska ferry system or
other surface transportation between cus-
tomary ports of embarkation and debarka-
tion, if such means of transport does not
exceed the cost to the United States of other
authorized means."
By Mr. STEVENS:
S. 186. A bill to provide for the award-
ing of a Medal of Honor for Firemen.
Referred to the Committee on Banking,
Housing and Urban Affairs.
S. 187. A bill to establish the Presi-
dents Award for Distinguished Law En-
forcement Service. Referred to the Com-
mittee on the Judiciary.
AWARDS FOR POLICEMEN AND FIREMEN
Mr. STEVENS. Mr. President, the phe-
nomenon of dedicated and hardworking
law-enforcement oflBcials being the ob-
ject of ridicule and venom appears to be
passing. Daily, these dedicated men and
women risk their lives to make us all a
little safer and a little more secure.
During the last Congress I introduced
this legislation which would establish the
President's Award for Distinguished Law
Enforcement Service. This legislation
passed the Senate but failed to siu'vive
conference. In addition, the Department
of Justice has urged prompt and favor-
able consideration of this legislation. I
also introduced legislation creating a
medal of honor for firemen.
I am confident that these bills refiect
the feeling of the majority in this body
and, accordingly, have reintroduced both
of them today.
I ask unanimous consent that they be
printed in the Record in their entirety
immediately following my remarks.
There being no objection, the bills were
ordered to be printed in the Record, as
follows:
s. 186
A bill to provide for the awarding of a Medal
of Honor for Firemen
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That (a) a
medal to be known as the Medal of Honor
for Firemen is hereby created. The President
is authorized to award such a medal each
year to one fireman from each State. Each
recipient of a medal shall be selected by the
Governor of the State in which the recipient
serves.
(b) The medal shall bear the inscription
"Salvere Servl" and such devices and em-
blems» and be of such material, as mav be
determined by the Secretary of the Treasury.
who shall cause the medal to be struck and
furnished to the President.
Sec. 2. There are hereby authorized to be
appropriated such sums as may be necessary
to carry out the provisions of this Act.
S. 187
A bill to establish the President's Award for
Distinguished Law Enforcement Service
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "Distinguished Law
Enforcement Service Act".
Sec. 2. There Is hereby established an
honorary award for the recognition of out-
standing service by law enforcement officers
of State, county, or local governments. The
award shall be known as the President's
Award for Distinguished Law Enforcement
Service. Each award shall be suitably In-
scribed and an appropriate citation shall
accompany each award.
Sec. 3. The President's Award for Dis-
tinguished Law Enforcement Service shall
be presented by the President, In the name
of the President and the Congress of the
United States, to law enforcement officers.
Including corrections officers, for extraor-
dinary valor In the line of duty or for excep-
tional contribution In the field of law en-
forcement.
Sec. 4. The Attorney General shall advise
and assist the President In the selection of
persons to whom the award shall be tendered.
In performing this function, the Attorney
General shall review recommendations sub-
mitted to him by State, county or local gov-
ernment officials, and shall decide which of
them. If any, warrant presentation to the
President. The Attorney General shaU trans-
mit to the President the names of those
persons determined by the Attorney General
to merit the award, together with the reasons
therefor. Recipients of the award shall be
selected by the President.
Sec. 5. There shall not be awarded In any
one calendar year in excess of twelve such
awards.
Sec. 6. The Department of Justice shall
list In Its annual budget request a sum of
money equal to that necessary to carry out
the provisions of this Act.
By Mr. STEVENS:
S. 188. A bill to amend section 6303 of
title 5. United States Code. Referred to
the Committee on Post Office and Civil
Service.
TRAVXLTIME FOR FEDERAL EMPLOYEES
IN REMOTE AREAS
Mr. STEVENS. Mr. President, across
the vast land area of my State are scat-
tered a number of Federal installations.
These include naval airbases and radar
defense sites, civilian weather stations,
flight service stations, and navigation
aids. Employees on these sites share an
isolation from normal transportation.
There are no roads, no railways, and air-
lines are infrequently scheduled to allow
these Federal employees access to the
rest of the United States.
Along the outer edges of this country,
these employees and their families may
have to wait days until a plane arrives
to take them to a city with regularly
scheduled service to the "outside." As an
example, Adak Naval Station on the
Aleutian Islands employs 162 civilians.
With their dependents, this group com-
prises 400 civilians who are isolated from
regular travel connections.
Leave time is a treasure for these peo-
ple. Under the current regulations, leave
time of Federal employees Is consumed
even while they are awaiting a flight
from their post.
Their return to the base Is much more
unpredictable. Precious amounts of time
must be taken from their vacations to
find a flight back to Adak.
This bill will ensure that Federal em-
ployees in all remote areas of the coun-
try will enjoy the full amount of their
leave time away from their isolated out-
posts. Under this bill, leave will not in-
clude time lost in travel from posts more
than 200-miles distant from a city or
town with regular transportation access
to the "outside."
I call my colleagues' attention particu-
larly to the language in the new subsec-
tion (e)(2). This differs from the lan-
guage of S. 410 which I introduced last
Congress in order to meet a tech-
nical suggestion of the General Account-
ing Office. This amended language clari-
fies my legislative intent that the post
of duty must be at least 200-miles dis-
tant from a place where daily airplane
or rail services is available. The place
to which the employee is eventually trav-
eling however, need not be at least 200-
mile distant from the duty post. I am
appreciative of the General Accounting
Office for suggesting this clarifying
amendment.
Mr. President, I request unanimous
cons ■
re n
at that the bill be printed in the
C(Jn4^ tEssioNAL Record at the close of my
ajks.
riiere being no objection, the bill was
oipered to be printed in the Record,
follows :
s. 188
bill to provide that certain traveltlme of
Federal employee on annual leave, having
post of duty In a remote area, be excluded
rom the period of annual leave granted the
;mployee
3e it enacted by the Senate and House of
isentatives of the United States of
as
A
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A
se :
1 ler
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ur ;a
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ag ?ncy
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tl-ls
8
CONGRESSIONAL RECORD — SENATE
■\
January 4, 1973
rica in Congress assembled. That (a)
tlon 6303 of title 5. United States Code, Is
arkenc'fd by Inserting at the end thereof the
fo low. \g new subsection;
•(eilf-
'(i; ahe post of duty of an employee Is
^^wlthln the Ur.ited States in a remote
^determined by the Secretary of Com-
Sfter consultation with the employing
concerned; and
'(2) the employee must travel a distance
at least two hundred miles from his post
duty to a place where dally airplane or rail
-vice Is available; leave granted binder this
bchapter to the employee Is exclusive of
1 ne actually and necessarily occupied in go-
between his post of duty and a place
;iere dally airplane or rail serrice Is avall-
aqie and time necessarily occupied awaiting
nsportatlon to travel between such post
place. The Secretary shall determine that
area Is remote if the area is not acces-
to dally airplane or railroad service by
rail, or highway, and If there Is no reg-
alternatlve means to such service avail-
able at reasonable cost."
(b) The amendment made by this section
sljall apply to any employee (as such term Is
Ined under section 6301 (2) of title 5,
United Stat^ Code) who Is granted annual
ve or who commences a period of annual
ve on or after the debate of enactment of
Act.
employees for these services would be off-
set by the savings of the contracting ex-
pense and the additional tax revenues
realized from higher paid employees. In
addition, by having control and com-
mand of its employees exercised directly
by the agency for which the services are
to be performed, the quality of work done
on its behalf can be expected to improve.
Employees owe job loyalty, first, to their
employer. When employed directly by the
Government rather than through an
agent, an employee has a vested interest
in the goal for which he is employed.
Under the legislation I propose, more
jobs will be available for which veterans
may receive a preference. Not only will
veterans benefit from this bill, but also
all civil service applicants will have an
Increased opportunity for employment.
As our boys return from overseas, this
is one small thing we can do at little cost
to help them readjust to civilian life.
BvMr. STEVENS:
S. 189. A bill to amend title 5. United
;ates Code, to restrict contracts for
s< rvices relating to the position of
guards, elevator operators, messengers,
and custodians. Referred to the Commit-
tqe on Post Office and Civil Service.
Mr. STEVENS. Mr. President, as the
tijoop withdrawals from Vietnam have
c( ntinued, we have seen an increasing
n imber of veterans looking for civilian
j( bs. Veterans are entitled to certain
p eferences for civil service jobs. Today.
I am introducing a bill that will give our
Armed Forces veterans an increased op-
pi )rtunity for and a wider choice of em-
p oyment within the Federal Govern-
n ent by requiring executive agencies to
h re first from the Civil Servjid'e registers
b (fore contracting for gu^d, elevator
o jerator, messenger, amj-^^ustodial serv-
iqes. ,y^
In many instances the Federal Gov-
ernment contracts with an outside agen»
c:' to perform guard, elevator operator,
n es.senger, or custodial services. This bill
uould require that the Federal Govern-
n ent hire from the Civil Service regis-
t( rs unless the Civil Service CommLssion
certifies that there are no qualified ap-
p icants available for the position in
q lestion. The Government is presently
p lying the high cost of negotiating con-
tracts for the services of employees who
a -e in turn paid the Federal minimum
v^age by the contractor. The higher
wpges that would be paid to Civil Service
By Mr. STEVENS:
S. 191. A bill to amend title 5, United
States Code, to provide additional cost-
of-living adjustments in civil service re-
tirement annuities of certain retired em-
ployees in Alaska as long as such retired
employees continue to reside in Alaska,
and for other purposes. Referred to the
Committee on Post Office and Civil Serv-
ice.
COST-OF-LTVING ADJUSTMENTS TO CERTAIN
ALASKAN crvn, SERVICE RETIREES
Mr. STEVENS. Mr. President, I am to-
day introducing a bill to extend cost-of-
living adjustments in civil service retire-
ment annuities to certain retired employ-
ees residing in Alaska.
Under this bill the armuity of each re-
tired tmplcyee, who has already per-
formed 10 years of service in Alaska
prior to separation, and, after comfnenc-
ing his annuity continues to reside in
Alaska, shall be increased by 25 percent
so long as he continues to reside in
Alaska. Survivors are similarly covered.
Persons previously retired are covered
but annuities are not retroactive.
Civil Service Commission records show
that on December 31, 1969, there were
about 2.705,800 Federal employees in the
United States, of which about 14,400
were stationed in Alaska. Additionally,
on July 1, 1969, there were 1,265 em-
ployee armuitants and survivors who re-
sided in Alaska and received monthly an-
nuities totaling S287,198. The additional
25 percent cost-of-living allowance would
thus total approximately $72,000
monthly.
Mr. President, I request unanimous
consent that the bill be printed in its
entirety in the Congressional Record at
this point.
There being no objection, the bill was
ordered to be printed in the Record, as
follows:
S. 191
A bin to amend title 5, United States Code,
to provide additional cost-of-living ad-
justments In civil service retirement an-
nuities of certain retired employees In
Alaska as long as such retired employees
continue to reside In Alaska, and for other
purposes
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That section
8339 of title 5, United States Code, Is
amended by adding at the end thereof the
following new subsection:
"(n) Notwithstanding any other provision
of this subchapter and In addition to the
amount of annuity to which he otherwise Is
entitled under this subchapter, the annuity
of each retired employee who has performed
ten years of service In Alaska prior to separa-
tion and who, after the commencing date of
his annuity, continues to reside In Alaska,
without break In time after his separation,
shall be Increasd by 25 per centum so long as
he continues to reside In Alaska. This an-
nuity differential Is applicable to the annuity
of any survivor of such retired employee."
Sec. 2. The amendment made by this Act
shall apply to persons retiring or retired prior
to, on, or after the date of enactment of this
Act, and their survivors; but no annuity
differential shall be payable by reason of
such amendment for any period prior to the
first day of the first month which begins
after the date of the enactment of this Act.
By Mr. STEVENS:
S. 192. A bill to convey the interest of
the United States in certain property in
Fairbanks, Alaska, to Hillcrest, Inc. Re-
ferred to the Committee on Interior and
Insular Affairs.
HILLCREST HOME FOR BOYS
Mr. STEVENS. Mr. President, for my-
self and my colleague, Mr. Gravel, I in-
troduce, for appropriate reference, a bill
which would authorize conveyance of all
right, title, and interest of the United
States reserved or retained in certain
lands, in Fairbanks, Alaska, which were
conveyed to the Hillcrest Home for Boys
under the Recreation and Public Pur-
poses Act of January 24, 1961.
Hillcrest Home for Boys was first or-
ganized at a meeting at the Eagle's Hall
on September 11, 1958. Hillcrest, a home
for boys without a home, is a community
project and will accept all boys without
regard to race, creed, or color. It is not a
detention home nor a correctionj^l insti-
tution. Rather, it is a home t<5 live in
during their 4 years of high school. Hill-
crest will provide housing, school guid-
ance, counseling, part-time opportuni-
ties for work, and the interest and care
of a director who presides at Hillcrest.
Surveys have made apparent the need
for Hillcrest, and Hillcrest has the sup-
port of both public and private agencies
and service groups. Hillcrest plans to co-
operate to the fullest degree possible
with others in the field including Federal,
State, and private organizations.
Hillcrest currently accommodates nine
boys, and all available funds are needed
to maintain the operation as is. Hillcrest
wants to expand their facilities to ac-
commodate up to 20 boys, a situation
which is financially impossible now. If
title were granted to Hillcrest for the
land, a portion of the land could be sold
to finance the desired expansion of their
facilities. Currently, boys waiting to get
into Hillcrest are housed in the State
jail — a situation which is certainly not
desirable. The entire concept of Hillcrest
rests on taking disadvantaged >'oung-
sters and giving them the best possible
environment and hope for the future.
Hillcrest is the only private institution
in the State of Alaska which handles boys
of this age group. These young men rep-
resent an important resource for Alaska
and the Nation, and we should do our
January 4, 1973
I I
CONGRESSIONAL RECORD — SENATE
279
best to see that they are properly taken
care of through the high school years.
The land in question, acquired under
the Recreation and Public Purposes Act,
can be used as income property if the bill
I introduced today is favorably con-
sidered.
Mr. President, I ask unanimous con-
sent that the full text of the bill be print-
ed at this point in the Record.
There being no objection, the bill was
ordered to be printed in the Record, as
follows:
S. 192
A bill to convey the interest of the United
States In certain property In Fairbanks,
Alaska, to Hillcrest, Inc.
Be it enacted by the Senate and House
of Representatives of the United States of
Avierica in Congress assembled, That the
Secretary of the Interior Is authorized and
directed to convey to Hillcrest, Incorporated,
without consideration, all of the right, title,
and Interest of the United States in and to
the tract of land (together with any build-
ings or other Improvements thereon) de-
scribed as the southeast quarter, section 26,
township 1 north, range 2 west, Fairbanks
meridian, such tract being the tract con-
ditionally patented to Hillcrest, Incorporated,
by patent numbered 1216565 under the Rec-
reation and Public Purposes Act of June 14,
1926 (43 U.S.C. 869), for use as a home for
Juvenile boys.
By Mr. STEVENS:
S. 193. A bill to provide that time spent
by a Federal employee in a travel status
shall be considered as hours of employ-
ment. Referred to the Committee on Post
Office and Civil Service.
PROVIDING TIME SPENT IN TRAVEL STATUS AS
HOURS OF EMPLOYMENT
Mr. STEVENS. Mr. President, today I
am reintroducing a bill that will treat
that time spent in travel status by a Fed-
eral employee as hours of employment.
Too often in the past a Federal em-
ployee has been required to travel, while
on Government business, on his own
time. Many instances are documented in
which an employee is required to be in a
distant city on a Monday morning, neces-
sitating his traveling on Sunday and
many times on Saturdays in order to
make his business appointments.
In many areas, such as my home State
of Alaska, it is difficult to arrange con-
venient travel schedules to allow travel
during normal working hours. In these,
cases, in order to carry out his job re-
sponsibilities, the employee must travel
on a week-end or after regularly desig-
nated working hours,
Mr. President, it seems to me to be
Inconsistent to require an employee to
sacrifice his personal time, time that
could be spent with his family and
friends, in order to meet Federal employ-
ment commitments.
My bill will correct this deficiency by
counting that time spent in travel status,
outside of normal working hours, as
hours of employment.
Mr. President, I would like to request
that the text of my bill be printed in the
Record following these remarks.
There being no objection, the bill was
ordered to be printed in the Record, as
follows;
S. 193
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That (a)
section 5542(b)(2) of title 5, United States
Code. Is amended to read as follows:
"(2) time spent In a travel status away
from the official duty station of an employee
Is hours of employment only If an employee
Is directed to undertake such travel as part
of his employment responsibilities."
(b) The last sentence of section 5544(a) of
such title Is amended to read as follows:
"Time spent In a travel status away from the
official duty station of an employee subject
to this subsection Is hours of work only If
an employee Is directed to undertake such
travel as part of his employment respon-
sibilities."
By Mr. STEVENS (for himself
and Mr. Gravel) :
S. 194. A bill to authorize the Secre-
tary of the Interior to convey to the city
of Anchorage, Alaska, interests of the
United States in certain lands. Referred
to the Committee on Interior and Insular
Affairs.
ANCHORAGE CITY HALL PROPERTY
Mr. STEVENS. Mr. President, I am to-
day introducing on behalf of myself and
my colleague (Mr. Graved a bill to give
the city of Anchorage greater freedom
of action in administering city hall prop-
erty. This bill would grant title and fee
to the Anchorage City Hall property and
remove the restriction that this property
must be used for municipal purposes.
At the request of the city of Anchorage,
this bill has been amended to include
lots 2, 3, and 4 of block 81 of Anchorage
townsite as conveyed by the indicated
patent. These additional lots the city
also desires to develop as indicated in
a letter I have recently received from
the city manager. I would request imani-
mous consent that the bill be printed in
its entirety in the Congressional Record
at the close of my remarks and followed
by the letter.
There being no objection, the bill and
letter were ordered to be printed in the
Record, as follows:
S. 194
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That the
Secretary of the Interior Is authorized
and directed to transfer by quit-claim
deed or other appropriate means, with-
out consideratlcn, to the city of Anchorage.
Alaska, all right, title, and Interest remaining
in the United States In and to block 42 of
Ancliorage townsite (proper) which was con-
veyed to the city of Anchorage by patent
numbered 873718 (dated July 27. 1922), and
patent numbered 1117601 (dated December
6, 1943), block 52 of Anchorage townsite
(proper) which was so conveyed by patent
numbered 873718 (dated July 27, 1922), and
lots 2, 3, and 4 of block 81 of Anchorage
townsite (proper) which were conveyed by
patent numbered 873718 (dated Julv 27,
1922).
Anchorage, Alaska,
September 22. 1972.
Re SB-236 concerning Blocks 42 & 52, Orig-
inal Townsite, Anchorage
Hon. Ted F. Stevens,
U.S. Senate, i
Washington, DC.
De.mi Ted: We certainly appreciate your
efforts on behalf of the City of Anchorage
in regards to SB-236. However, we now have
an additional favor to request.
Lots 2, 3 & 4 of Block 81, Original Anchor-
age Townsite were granted to the City under
the same patent (No. 873718), dated July 27,
1922, as were Blocks 42 & 62 Included In SB-
236. Reservations pertaining to these particu-
lar three lots was for "sanitary purposes."
Subsequently, on March 22. 1962, the use
was changed to General Municipal Purposes
by the Anchorage Land Office under Serial
No. 054384.
The lots were originally composed of a
deep (20-30') "pot-hole" which was utilized
as a City "dump." Subsequently the "hole"
was filled, compacted and leveled.
Subject to the change of us? granted In
1962, the City constructed an electrical sub-
station on the south 60 feet of Lot 4. The
remainder of Lot 4 & Lots 2 & 3 were sub-
sequently graded and paved for use as off-
street parking (existing use.)
The City Is planning to remove the sub-
station In the near future. This will clear
the three lots for some type of development.
These lots are In the heart of the office
building complex of the City. Lot 1 to the
east Is occupied by the two-story Matanuska
Valley Bank Bldg. The Atlantic Richfield
Building Is on the south and a new six-
story office building Is being constructed on
the two lots (5 & 6) to the west.
To fully utilize the three high value lots,
they should be developed with a multi-story
building.
Three lots (21,000 sq. ft.) Is too small an
area to develop Into a parking structure to
augment present City use.
We therefore request that SB-236 be
amended. If possible, and/or feasible, to In-
clude Lots 2, 3 & 4, Block 81, Original Town-
site, Anchorage, Alaska, and therein obtain
release of the patent and amended use re-
strictions.
The City again would be receptive to a pro-
vision that any funds received from possible
sale or lease would be earmarked or dedicated
to any new municipal complex.
Very truly yours.
Robert E. Sharp,
City Manager..
\
By Mr. STEVENS:
S. 195. A bill to exempt certain State-
owned passenger vessels from the re-
quirement of paying for overtime services
of customs officers and employees. Re-
ferred to the Committee on Finance.
Mr. STEVENS. Mr. President, today I
am introducing a bill to amend the
Tariff Act of 1930.
The act provides that the operators of
ferries shall be exempt from compen-
sating the customs service for overtime
pay to customs employees necessitated
by service to ferries that operate on
regular schedules at intervals of at least
1 hour. This provision is made in con-
junction with the exemptions for service
to the operators of tunnels, bridges, and
highway vehicles. It seems clear that this
provision is designed to aid in the opera-
tion of State-owned highway facilities
for public •service at points of entry into
the United States.
The Tariff Act does not take into
account the special circumstances of a
noncontiguous State, such as Alaska. The
ferries operated by the State of Alaska
in its marine highway system are oper-
ated as a public service in much the
same manner as bridges, tunnels, high-
way vehicles, and ferries are operated at
other points of entry into the United
States. Unlike other border service areas,
the distance between points Is great and
yet the volume is not large enough to
permit or require hourly service.
Nonetheless the service provided by the
Alaska marine highway is done on a reg-
ular schedule. The wording of the pres-
2^0
en;
law discriminates against operations
between noncontiguous States and for-
eif n nations merely because the existing
lau' did not envision the admission of
Al iska and Hawaii to the Union. The
bill I am introducing today will correct
th s Inequity and extend the level of Fed-
en l-State cooperation to the noncon-
ti^ uoxis States.
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CONGRESSIONAL RECORD — SENATE
January ^, 1973
to solve subsidence problems be extended
to the entire Nation.
Mr. President, I respectfully request
that this legislation be referred to the
appropriate committee for consideration.
By Mr. HANSEN (for himself and
Mr. McGee) :
3. 196. A bill relating to the rehabilita-
ti( n of areas damaged by deleterious
m ning practices, and for other pur-
pc ses. Referred to the Committee on In-
te: ior and Insular Affairs.
LEHABILITATION OF CERTAIN MINING LANDS
Mr. HANSEN. Mr. President, today I
am introducing a bill to provide for a
Federal contribution through the Bureau
Mines for projects to fill and seal
derground voids from abandoned coal
nes and abandoned oil and gas wells
to reclaim and rehabilitate lands
afjected by the strip and surface mining
processing of coal and other
nerals.
Similar legislation to aid in the reha-
itation of areas damaged by deleteri-
mining practices was enacted some
ti^ie ago with regard to the Appalachian
of our Nation. The Appalachian
iias suffered particularly from sub-
sidence problems resulting from the col-
of the ceilings of abandoned under-
ground coal mines, and the Congress rec-
ognized the disastrous effect this prob-
le n has on the quality of human life and
the economic prosperity of a particular
aiea. However, Appalachia is not the
01 ly section of the country which experl-
er ces these problems. An area of my
ov^n State of Wyoming has experienced
subsidence problems, and other States
such as Washington, Michigan, Okla-
h( ma, and others have faced the same
si uation. Despite this. Federal assistance
his been limited by law to the Appala-
cl" ian area.
Mr. President, I was pleased to intro-
di;ce this same legislation in the 92d
O >ngress. The measure was considered at
S< nate Interior Committee hearings last
ye ar, and incorporated as an amendment
to the proposed Surface Mining Rec-
lamation Act of 1972 which was cleared
b: the committee, but not considered by
tt e Senate.
With reference to the problem of mine
SI bsidence, the Dowell Division of Dow
C lemical Co. has developed a new tech-
n. que for backfilling mine voids which is
el 'ective and efficient. This procedure
w is tested under terms of a HUD dem-
onstration grant program at Rock
S )rings, Wyo. — the site of the subsidence
a: ea in my State, and I understand the
D swell technique will be employed at
subsidence sites in Pennsylvania in the
ntar future.
The Dowell technique offers hope of a
] teaper and more effective means than
WIS previously known to correct sub-
silence problems. It is important that all
a eas of our country which face sub-
sipence problems be given an opportu-
ty to solve this problem. Justice and
eduity require that Federal assistance
w tiich was given to the Appalachian area
By Mr. HANSEN:
S. 198. A bill to amend the Internal
Revenue Code to encourage an increase
in production of coal; and
3. 199, A bill to amend the Internal
Revenue Code to encourage the develop-
ment and utilization of methods and de-
vices to convert coal and oil shale to low
pollutant synthetic fuels by allOT\-ing
rapid amortization of expenditures in-
curred In constructing facilities for such
purposes. Referred to the Committee on
Finance.
CLEAN ENEBCY IN THE FUTURE
Mr. HANSEN. Mr. President, meeting
the vast energy needs of the future is one
of the most difficult problems facing this
Nation. The energy crisis has become
more acute within the last year; and for
that reason I am today reintroducing two
bills which will- be helpful in meeting the
Nation's needs for clean energy in the
future.
Energy consimiption is rising not only
in the United States, but also through-
out the world. There was a time when
r^ome people thought we could afford to
lely, for our future energy needs, on for-
eign sources of relatively cheap oil. Re-
cent events should have convinced even
the hard-core "free traders" that we
must not let oiu" great Nation lose its in-
dependence of action through excessive
reliance on foreign energy sources. Even
when domestic fuels are more expensive
than foreign oil, we must pay the cost of
maintaining our ability to provide most
of our own energy. Moreover, foreign oil
will not be cheaper than domestic energy
fuels for very many years, because the
worldwide demand for oil is increasing at
a rapid rate.
The reason the worldwide demand is
increasing is that energy is absolutely
e.ssential for a decent standard of living.
In the United States we use about six
times as much energy per capita as the
rest of the world does, and as a result we
have the highest standard of living in
the world. But other countries are insist-
ing on improving their standard of liv-
ing— and as a necessary step to that end,
they are increasing their energy con-
sumption. The natural result is that
energy throughout the entire world is
moving from a buyer's market to a sell-
er's market, because the surplus reserves
are no longer surplus. All indications are
that within a relatively short period of
time energy will be in very tight supply
throughout the worla.
Even with the huge energy require-
ments facing us, and even with the in-
creasing difficulty of finding new reserves
of oil and gas, we as a nation do have the
natural resources necessary to meet de-
mands and still maintain primary reli-
ance on domestic sources. And we can do
it with minimal damage to the environ-
ment. But to accomplish this, we must be
realistic enough to start right now on the
difficiUt job ahead. Let me explain how
we can accomplish these things.
While our known reserves of uranium
are limited, if used in the type of reac-
tor currently being built, the Atomic
Energy Commission is vigorously pursu-
ing research in the expectation of devel-
oping, over a period of many years, a
"breeder" reactor which will greatly ex-
pand the amoimt of power which can be
obtained from a given amount of lu-ani-
um. Hopefully in the decades ahead the
breeder reactor will become a reality and
atomic power will be able to assume the
burden of supplying the major share of
our country's electricity requirements —
requirements which are increasing at the
fantastic rate of doubling every 10 years.
Even with these hoped-for develop-
ments, however, the consimiption of fos-
sil fuels for the production of electricity
wUl have to increase very substantially
for at least the rest of this centiu-y, and
we must do what we can to produce that
electricity with the least possible pollu-
tion.
Atomic power will not be able, even
over the very long run, to substitute for
oil and gas used for transportation. But
we are fortimate here, too, because this
country is blessed with tremendous re-
serves of coal and oil shale, which can
be converted to synthetic liquid and
gaseous fuels and used in that form with
very little pollution of the environment.
Some of my colleagues may wonder
why, in the face of these facts, industry
does not get on with the job and go for-
ward. The answer, imfortunately, is that
with current technology oil and gas made
from coal and from oil shale will be ex-
pensive— substantially more expensive
than the current cost of domestic or im-
ported oil, and substantially more expen-
sive than the current cost of domestic
gas. This situation will change, of course,
as increa.sing demand, coupled with de-
creasing supply, forces the cost of nat-
ural gas and oil ever upward. Without
action on our part to stimulate conver-
sion of coal and oil shale to gas and oil,
such conversion eventually will take place
anvway — but It will begin only after
energy shortages have imperiled the
country's prosperity and security, and
even when it does begin it will take from
5 to 10 years to become reality. We can-
not afford any such timelag between
energy demand and supply. We must do
whatever we can to stimulate the be-
ginning of the conversion processes at
•the earliest possible moment. I believe
it is far better to do what we can to pro-
vide the necessary incentive to get these
processes started as soon as possible,
than to wait imtil the incentive is fur-
nished by the high prices which inevita-
bly must follow protracted and serious
energy shortages.
Mr. President, I am today introducing
two bills which I believe will be very help-
ful in meeting the Nation's needs for
clean energy in the future. Those bills,
I believe, will help furnish the incentive
for Investment of the large sums of capi-
tal required to accomplish the task be-
fore us, and yet will result In very, very
little revenue loss over the near-term
future. For the long-term, I believe my
bills would result In substantially In-
creased revenue, because they would help
furnish the clean energy we are going to
need if our economy is to remain strong
enough to pay for the high cost of gov-
Jamiary 4, 1973
CONGRESSIONAL RECORD — SEN ATE
281
emment facing us now and for the fu-
ture.
The first bill which I am introducing,
Mr. President, would increase the per-
centage depletion allowance for domestic
coal mines to 15 percent of the gross in-
come from the property, still limited —
as in the case of all other minerals — to 50
percent of the taxable income from the
property.
Under existing law, coal's depletion
rate is 10 percent, compared to 22 per-
cent for the other energy sources — oil,
gas, and uranium. Under present law,
domestic gold, silver, copper, iron ore,
and oil shale receive 15 percent, and my
bill would put coal in that category.
Coal represents by a large margin the
greatest energy reserve available to our
country. Known coal reserves represent
approximately three-fourths of the Na-
tion's total fossil fuels reserve, but sup-
ply only 21 percent of fossil fuel con-
sumption. Like other energy sources,
coal cannot be produced without large
investments over a period of years, be-
cause coal mining has become quite
capital intensive. There are many risks
to investment in coal mining — including
particularly the risk of loss of market —
due to pollution abatement require-
ments— prior to recovery of capital. A
coal mine, like other mineral mines, dif-
fers gi-eatly from an ordinary manufac-
turing plant in respect to capital invest-
ment— invested capital cannot be sal-
vaged, in the event of failure, as it can
be in other industries. You can sell an
unsuccessful factory, but you cannot sell
an unsuccessful hole fti the ground.
Investment in new nilnes faces other
risks, rising out of the demand for a
better world and a better environment.
The industry is finding it expensive to
meet new safety requirements, and to
meet new requirements for land recla-
mation, Mr. President, I want to make
it perfectly clear that I support the high-
est possible safety standards, and I sup-
port the highest practical requirements
for land reclamation — and I will continue
to support them. At the same time, we
should understand that these desirable —
these necessarj' — improvements will in-
crease the cost of coal and thereby add
risk to the investment of capital in new
mines. That added risk needs to be over-
come by added incentives. The final in-
centive must be, and will be, the prospect
of a retiuTi after taxes commensurate
with the risks involved. An increase in
the rate of depletion for coal will help to
accomplish this purpose. And it will do
so at little cost to the Treasury, because
of the operation of that provision of the
law which limits depletion to 50 percent
of the taxable income from the property.
Because of the 50-percent limitation,
and the historically low rate of profit in
the coal industry only a small number of
existing coal mines would actually have
their taxes reduced by an increase in the
gross depletion rate of 15 percent. Hence
there would be little revenue loss to the
Treasury.
Some of my colleagues might well ask,
"If it will not help them much, why
bother to enact it." The answer lies in
the effect of such a change on investment
in the new coal mines which we are going
to need so badly. A coal mine is designed
to last, on the average, about 20 years,
so each year the maintenance of existing
demand would require new coal mines
equal to about 5 percent of total
capacity. When add to that the greatly
increased demands for coal in the years
ahead, you can umderstand that a veiT
large number of mines must be opened.
Opening new undergroumd coal mines
takes from 2 to 3 years, and takes a great
deal of capital. My bill will give some
incentive to the Investment of that capi-
tal by holding forth the possibility of a
better after-tax return if the venture is
successful.
The second bill which I am introducing
would permit 5-year amortization, for
tax piu-pose, of the cost of plants to
convert oil shale or coal to low-pollutant
synthetic fuels — oil, gas, or solid fuels.
Present tax law does not precisely de-
fine the depreciation of the cost of plants
to convert oil shale and coal to low-
pollutant synthetic fuels. Present law-
says only that the owner of a plant will
be allow^ed to recover the cost, for tax
purposes, over the estimated "useful life"
of the plant.
While the tax guidelines do not con-
tain a specific amortization period for
such plants because no such plants are
as yet in existence, it is likely that the
"useful life" will be defined as consider-
ably in excess of the 5 years provided in
my bill.
Practically, my bill gives any company
which will undertake the construction of
a coal gasification facility the tax incen-
tive of knowing that they will be able
to rapidly amortize the cost of such a
plant, and in this way hopefully we can
induce the construction of this type of
facility.
Mr. President, this amortization bill
would continue in effect for a period of
10 years. At the end of this period of
time, It Is my information that eco-
nomic coal gasification plants as well as
oil shale conversion plants will likely be
constructed.
I do not know how reasonable it is to
believe that such structures can be built
in this period of time. Perhaps, con-
struction may come at an earlier date.
Be this as it may, this is a matter which
hopefully can be considered during hear-
ings on this bill.
We can take a look at the testimony
presented at the hearings on the bill and
adjust the period of time the bill would
be in effect to reflect the timespan it
will take to induce the industry to de-
velop and construct coal gasification and
oil shale plants.
Mr. President, there are processes now
which can be used to produce synthetic
fuels, in a form almost free of pollution,
from coal. The same can be done with
oil shale. Unfortunately, the cost of the
product is, as I have already stated, high
when compared with the current cost of
competitive fuels. The product will be-
come competitive when scarcity forces
upward the cost of natural gas and oil
or, hopefully, 'when scientific develop-
ments reduce the cost of conversion
processes. But in the meantime, the
plants to accomplish conversion will cost
a great deal of money— I have heard es-
timates of more than $100 million as the
total cost of a complete mining-conver-
sion complex — and such large siuns of
money simply will not be invested if their
recovery for tax purposes has to be spread
over a period of 20 years or more.
The cm-rent administration is greatly
concerned over the emission of sullur
oxides from plants burning coal and oil —
so much so that a penalty tax on such
emissions has been proposed, Mr. Presi-
dent, it is my feeling that a .better ap-
proach would be to take steps to give
the energy user an option between high-
pollutant and low-pollutant fuels. I be-
lieve the bill I have introduced would
help furnish the fuel user with an op-
tion, because it would provide incentive
for the investment necessary to produce
an alternative low-pollutant fuel.
By proper Government action we may
permit the investments necessary to find
substantial additional natural gas in this
coiuitry, but at best we can forestall The
shortage crisis for only a few decades.
Liquefied natural gas from abroad can-
not be a realistic alternative, because we
must not become dependent on the East-
ern Hemisphere for any large quantity
of gas — we must not expose the Nation's
energy throat to the sharp knives of na-
tions which may be or may become im-
friendly to us.
The rapid amortization technique
which my bill would offer would not re-
sult in a revenue loss, because without
this treatment it is highly unlikely that
these conversion plants w-ill be built. In
the long run, by protecting oiu- economy
and our environment against a shortage
of clean fuels, this treatment will im-
prove the ability of our industries to pay
the taxes we need to run our Govern-
ment.
Mr. President, in the Revenue Act of
1969 we included the so-called mini-
mum tax which had the effect of reduc-
ing by about 10 percent the benefits of
the percentage depletion allow-ance for
all minerals. In addition, we reduced the
allowance for oil. gas, and uranium to 22
percent. With the benefit of liindsi?ht. It
is easy now to say that we made a mis-
take in reducing the incentives for In-
vestment in finding and producing new
soui'ces of energy. From a practical
standpoint, it may be that a majority of
my colleagues feel it is too soon to ac-
knowiedge and reverse that mistake —
and I am not now asking them to do so.
But I do believe the time h.is come for
us to acknowledge that we should do
what we can to furnish incentives neces-
sary to meet the vital and fantastically
increasing need for clean energy sources.
My bills will assist in that objective, at
little cost to the revenue, and I seek the
cooperation of all my colleagues in push-
ing for their adoption. ^
Mr. President. I ask unanimous con-
sent that my bills to raise the depletion
allowance percentage for coal and also
my bill to codify the rapid amortization
of coal gasification facilities be printed
at this point in the Record.
There being no objection, the bills
were ordered to be printed in the Recohd,
as follows: 1 I
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CONGRESSIONAL RECORD — SEN ATE
January J^,-1973
S. 198
A liiU to amend the Internal Revenue Code
t 0 encourage an increase In production of
(oal
4e it enacted by the Senate and House
Representatives of the United States of
Anierica in Congress assembled. That section
(b) (2) (A) of the Internal Revenue Code
amended by inserting after the word
the words "coal, lignite,".
2. Section 613(b) f4) is amended by
str|klng the words "coal, lignite.".
3. The amendments made by sections
1 ind 2 shall apply with respect to taxable
yet rs beginning after December 31, 1971.
S. 199
A ^ HI to amend the Internal Revenue Code
tp encourage the development and utUlza-
of methods and devices to convert
and oil shale to low pollutant syn-
tlc fuels by allowing rapid amortlza-
of expenditures Incurred In construct-
facUitles for such purposes
it enacted by the Senate and House
Representatives of the United States of
in Congress assembled. That the
t ernal Revenue Code i relating to Itemized
uctions for Individuals and corporations)
^mended by adding after section 187 there-
the foUovytsg new section:
188. AMORTIZATIOM OF FACtLITIES TO
CONVtRT CO.\L AND OiL SHALE
TO Synthetic Pttels.
(a) Allowance of Deduction. — Every
at his election, shall be entitled to a
s for Individuals and corporations)
;he adjusted basis (for determining gain)
ny conversion facility (as defined In sub-
ion (d)) Secretary or his delegate, in
manner, in such form, and within such
as the Secretary or his delegate may by
ilatlons prescribe, a statement of such
•tlon.
(C) TERMirr.\TioN of Amortization De-
A ta.xpayer which has elected un-
subsectlon (b) to take the amortization
provided In subsection (a) may.
iny time after making such election, dls-
tlnue the amortization deduction with
to the remainder of the amortization
such discoutlnuaiice to begin as of
beginning of any month specified by the
fer in a notice in writing filed with
Secretary or his delegate before the be-
ing of such month. The depreciation de-
provlded under section 167 shall be
beginning with the first month as
which the amortization deduction does
apply, and the taxpayer shall not be en-
to any further amortization deduction
this section with respect to such con-
facility,
(d) Definitions. — For purposes of this
the term 'conversion facility' means
property of a character subject to the
for depreciation provided In sec-
167 which is used in the process of con-
ing coal or oil shale to low-pollutant
fuels. For purposes of this section,
term "conversion facility' Includes any
Ible property, including a building and
structural components, if the primary
of such building is to house ma-
y or equipment used In the conversion
oal or oil shale to low-pollutant synthetic
Dtr( TION.
del
decluctlon
at
coil
res sect
peilod
th(
taj pay
thi
gl
dufctlon
allowed,
to
no
tit ed
unler
veislon
' (d)
sec tlon,
an r
all )wance
tloi
veit
svi thetlc
th«
ta4g
Its
pul-pose
ch nery
of ;^
fu^ls
(e) Allocation of Basis .-r In the case of
pr(}perty a portion of which qualifies as a
version facility and for which an election
been made under subsection (a) , the
u&ted basis of such property shall, under
lotions prescribed by the Secretary or his
, be properly alld^k^d between the
potion which is a conversion device or fa-
tjr and the portion which is not such a
'ice or faciUtv."
retu
de! eeate.
By Mr. McINTYRE:
3. 200. A bill to require that new forms
aqd reports, and revisions of existing
forms, resulting from legislation be con-
tained in reports of committees report-
ing the legislation. Referred to the Com-
mittee on Government Operations.
impact op FEDERAL REPOBTINO REQDXREMENTS
ON SMALL BUSINESS
Mr. McINTYRE. Mr. President, I in-
troduce for appropriate reference a bill
which will amend the Legislative Re-
organization Act of 1970 to consider the
impact of Federal reporting require-
ments on small business by providing af-
firmative disclosure in committee re-
ports of paperwork requirements rela-
tive to legislation reported for action by
a committee of the Senate.
During the second session of the 92d
Congress, the Subcommittee on Govern-
ment Regulation of the Senate Select
Committee on Small Business, which I
have the honor to chair, conducted an
extensive investigation into the impact
of the Federal paperwork burden on
small business. The paperwork-redtape
burden, which I euphemistically refer to
as "Federal form pollution," is one of
the most significant factors affecting the
competitive viability of small business.
It has been referred to by witnesses at
our subcommittee hearings as the single
most important element in the success
or failure rate of a .small busine.ss.
In order to combat this growing prob-
lem I am today, at the beginning of this
first session of the 93d Congress, intro-
ducing a bill which will be of material
benefit in reducing proliferating Federal
redtape. This bill would amend the Leg-
islative Reorganization Act of 1970 to
require all standing legislative commit-
tees of the Senate to identify in the
committee report on a bill being sent to
the Senate for action, all new reporting
systems to be required of the private
sector by the legislation. This provision
is identical to the Cordon rule in the
Senate which now requires committees
to Identify in a committee report all
changes in existing law which a proposed
bill would accomplish.
For the benefit of my colleague I would
, like to provide backgroimd information
which led to my drafting and Introduc-
tion of this bill.
The subcommittee began public hear-
ings into this problem on May 2, 1972. At
that time we took the Subcommittee to
Chicago, the heartland of our Nation, to
hear firsthand the problems experienced
by small businessmen in complying with
mandatory- Federal reporting require-
ments. We then took our hearings to New
England v;here in Boston on May 4 and
in Concord, N,H., on May 5, we heard
numerous smpll business men and wom-
en describe their serious plight in com-
plying with ever-increasing demands for
information imposed by the Federal Gov-
ernment.
Typical of the comments I heard from
witnesses at our field hearings can best
be summed up in the remarks of Mr.
Edwin Chertok, president of Chertok-
Lougee Robinson Co. of Laconia, N.H.,
who stated:
Businessmen, particularly small business-
men who don't have the money or manpower
to handle it are being burled in a landslide
of paperwork. For many of them the paper
pollution will spell disaster and force them
to close their businesses.
Mr. President, there are those who will
say that this is a dramatic emotional
statement without factual foundation.
Based on the testimony and letters which
I have received, this seems to be the uni-
versal conclusion of the small business
community. Even more significant is the
fact that the overwhelming paperwork
burden imposed by the Federal Govern-
ment is causing many businessmen to
become lawbreakers. An example of this
is the statement by Mr. William Mashaw,
managing director, National Retail Hard-
ware As.sociation, who stated:
We have reached the saturation level and
each new law and each new agency at every
level of government providing forms is forc-
ing decent citizens Into Involuntary non-
compliance with the law. Now this is tragic
when upstanding, honest citizens Just can't
comply with the laws, and the result Is ob-
viously intolerable.
Again, this statement was echoed jy
numerous of the small business witnesses
who appeared before our subcommittee.
I agree with Mr. Mashaw it is indeed
tragic when we in the Federal Govern-
ment undermine our basic system of
government by impartial law, when we
impose an unrealistic burden on the
American small businessman.
Mr. President, Federal redtape and
paperwork has a far-reaching impact on
the whole American economy according
to Mr. Raymond Hollis, another witness
before our subcommittee —
Paperwork diverts [small business) from
(Its] primary function of making a good
product, selling It, keeping it solvent, pro-
viding jobs, making profits and paying taxes.
He went on to say :
If we expend too much money and too
much effort on non-productive paperwork,
we just can't compete and stay In business.
Are we thus deliberately forcing small
business to either go out of business or
merge into very large concerns which
have the manpower capacity to comply
with mandatory reporting requirements?
If so, we are therefore creating an econ-
omy composed of larger and larger firms
which will inevi^bly destroy the Ameri-
can system of numerous competitive
firms competing in an open and free
marketplace. This situation in turn re-
moves a great number of jobs, it destroys
the American entrepreneurial spirit, it
creates large anonymous companies who
have little or no concern for the con-
sumer, since he is to them merely one in
millions who have little alternative but
to accept whatever quality of product or
service that is offered.
All too often we in Congress become
incensed at the growing Federal presence
typified by the redtape-paperwork bur-
den. We rise up in righteous indignation
at the lack of concern and sensitivity of
the Federal bureaucrat in the executive
agencies. We exclaim — "Why are you
working hardship on small businessmen?
Why are you causing my constituents to
complain?" We are very quick to con-
demn the massive Federal machine
which grinds out the multitude of forms
and reports which are sent to the small
businessman, threatening either unreal-
istic costly compliance or destruction of
his business.
As many witnesses told us: "The prob-
lem originates with the organic legisla-
Janiiary 4, 1973
CONGRESSIONAL RECORD — SENATE
283
tion. Congress should see to it that no
bill is reported to the fioor for action un-
less there has been full consideration in
committee of the paperwork burden."
Congress all too often passes a bill
with worthwhile purposes; purposes with
which most citizens can find little fault.
In order to guarantee that our legislative
intent is being followed by the executive
branch, we attach a reporting require-
ment. We do not consider as to whether
or not this reporting requirement can be
satisfied in another less complex manner
than additional direct reporting by busi-
ness. Our committees rarely examine
into whether or not some of the present
reports and forms required by statute are
outmoded and could be eliminated with
little or no detrimental effect to the ad-
ministration of the Federal Government.
We hardly ever consider how we might
go about consolidating and simplifying
some of the mandatory reports to ease
the burden on our citizens.
It is because of this, that today I in-
troduce a bill which will redress this
serious oversight on our part. This piece
of legislation is a housekeeping measure
for the Congress. It would amend the
Legislative Reorganization Act of 1970
to require all committees to place in
their legislative report on a specific bill a
statement setting forth whether the
proposed legislation will require addi-
tional mandatory reporting from the
private sector. This will hopefully create
a continued awareness on the part of the
Members of Congress and our staffs of
the reporting bm-den on small business
and should result in a lessening of this
burden as we will be compelled to seek
new ways of getting information. This
will most assuredly result in consolida-
tion and elimination of many of the Fed-
eral reporting requirements now in
existence.
I am hopeful that other Members of
the Senate will join me in the sponsor-
ship of this legislation, and I hope that
before this session is concluded we will
be able to return to our States and report
that we have taken a great first step to
reduce the burden of Federal paper-
work. At least we will be able to say that
Congress affirmatively intends to be on
the continuous alert to protect and pre-
serve small business.
Mr. President. I ask tmanimous con-
sent that the text of this bill be printed
in full at the conclusion of my remarks.
Tliere being no objection, the bill was
ordered to be printed in the Record, as
follows :
S. 200
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That (a)
part 5 of title 11 of the Legislative Reorga-
nization Act of 1970 is amended by adding
at the end thereof the following new section:
'NEW public FORMS AND REPORTS REQUIRED
BY CERTAIN LEGISLATIVE PROPOSALS
"Sec. 254. (a) Any blU or joint resolution
of a public character reported by a committee
of the Senate or the House of Representatives
(other than the Committee on Appropria-
tions of either House of Congress) shaU con-
tain—
"(1) a copy of the probable matter and
format of each new form or report (or the
revision of any such existing form or report) ,
required by, or Is a likely result of, the enact-
ment of such bUl or joint resolution, which
Is to be provided by the United States Grov-
ernment for completion by any person other
than an officer or employee of that Govern-
ment or of a State government, or any politi-
cal subdivision of that State;
"(2) in lieu of any such copy, a statement
listing each such form or report for which
that copy is not contained in the report,
with a statement of the reasons why the copy
of each is not so included; or
"(3) a statement, accompanied by reasons,
that such bill or joint resolution "does not
require, or Its enactment js not likely to have
as a result, any such new form or report or
any revision of an existing form or report.
"(b) It shaU not be in order in either
House of Congress to consider any such bill
or joint resolution if such bill or joint reso-
lution was reported In that House after the
effective date of this section and the report
of that committee of that House which re-
ported such bill or Joint resolution does not
comply with the provisions of subsection (a)
of this section.
"(c) For the purposes of this section, the
members of the Joint Committee on Atomic
Energy who are Members of the Senate shall
be deemed to be a committee of the Senate;
and the members of such committee who are
Members of the House of Representatives
shall be deemed to be a committee of the
House."
(b) Part 5 of title II of the table of con-
tents of the Legislative Reorganization Act
of 1970 is amended by adding at the end
thereof the following new Item:
"Sec. 254. New public forms and reports
required by certain legislative proposals."
Sec. 2. The amendments made by the first
section of this Act are effective upon enact-
ment.
Sec. 3. The first section of this Act Is en-
acted by Congress —
( 1 ) as an exercise of the rulemaking power
of the Senate and the House of Representa-
tives, respectively, and as such It shall be
considered as part of the rules of each House,
respectively; and such rule shall supersede
other rules only to the extent Inconsistent
therewith; and
(2) with full recognition of the constitu-
tional right of either House to change such
rules (so far as relating to the procedure in
such House) at any time, in the same man-
ner, and to the same extent as In the case of
any other rule of such House.
By Mr. TAFT:
S. 201. A bill to amend the Internal
Revenue Code of 1954 to relieve employ-
ers of 50 or less employees from the re-
quirement of paying or depositing cer-
tain employment taxes more often than
once each quarter. Referred to the Com-
mittee on Finance.
TO AMEND THE INTERNAL REVENUE CODE
Mr. TAFT. Mr. President, In the
spring of 1971 I received a letter from a
constituent who is a small businessman.
He complained about the fact that fre-
quent deposits of s(5cial security taxes
and Income taxes withheld from em-
ployees presented a great burden in
paperwork for the small busine.'^sman.
He indicated that these reports necessi-
tated a disproportionately large expense
for auditors and accountants. He in-
quired as to why small businessmen
could not make their deposits on a quar-
terly basis.
I wrote to the Secretary of the Treas-
ury and asked If this change could be
made by administrative regulation. I ws
informed that it could, but that the
Treasury's policy was against making a
change.
Thereafter on May 18, 1971. I intro-
duced S. 1890 which provides that em-
ployers having 50 or less employees shall
not be required to make their deposits
more often than once a quarter.
On November 22, 1971, when offered
as an amendment on the floor of the
Senate, this measure was adopted. How-
ever, it was dropped in conference.
Today the small businessman is pres-
sured on many sides. The rate of busi-
ness failures shows that the road of the
small bustn.essman is not an easy one.
In the Senate we have a Select Com-
mittee on Small Business and it gen-
erally expresses great concern for the
problems which the small businessman
must face. How ironic it is, therefore,
that we have compounded his burdens
with imnecessary paper work and red-
tape. I refer specifically to the deposits
which are required to be made by our
small businessmen for FICA taxes and
income tax withholdings. At the pres-
ent time returns are to be filed quarterly
on form 941. Deposits, however, must be
made in accordance with the following
rules published by the Internal Revenue
Service:
DEPOSITS OF TAXES
Each month you must add together the
employer and employee taxes under the Fed-
eral Insurance Contributions Act (Social
Security tax) and the Income tax withheld
for that month. Your total liability arrived
at wUl determine whether deposits are nec-
essary and, if so. how often they must be
made.
Less than $200 liability per quarter. No
deposit will be required if your liability for
the quarter Is less than 8200. The total lia-
bility for the quarter will be remitted with
the quarterly return on or before the last
day of the month following the close of the
quarter. Thus, payment and the return for
the first calendar quarter will be due on or
before AprU 30, 1971; for the second cal-
endar quarter on or before August 2, 1971,
etc.
Employers with $200 or more liability per
quarter but less than $200 liability In any
month. If at the end of the first month In
the quarter the cumulative liability is less
than $200. but by the end of the second
month It is $200 or more, the employer must
deposit such cumulative amount by *i-f •'■■ -
day of the third month In the quarter. The
liability 'or the third month of the quarter
may be remitted with the return which will
be due on or before the last day of the month
following the close of the quarter.
If the cumulative liability does not reach
S200 until the third month of the quarter,
the total liability must be deposited by the
last day of the month following the dose
of the quarter.
Employers with $200 but under $2,000 lia-
bility per month. For each of the first two
calendar months in the quarter deposits will
be required on or before the 15th day of the
next month. For the last month In a "quarter,
employers will not have to deposit until the
last day of the month following the close
of the quarter.
Employers with $2,000 or over liability per
month. If so the 7th, 15th. 22nd, or last day
of the month, cumulative liability is S2.000
or more, a deposit will be required within
the next three banking days.
It is the frequency of these deposits
which creates an enormous bookkeep-
ing problem and a great deal of overhead
and paperw'Ork for the small business-
man. For large firms which have com-
puterized data processing, frequent de-
posits are no problem. But for the small
businessman of America the frequency
of these deposits results in a great deal
of administrative expense.
21 ;4
It Is estimated by the Small Business
Administration that 94 percent of all
bisinesses in America have 50 or fewer
er iployees. My bill would simply provide
that businesses having 50 or fewer em-
ployees could not be required to make
tteiT FICA and income tax withholding
deposits more than once a quarter.
Let me emphasize that this bill would
in no way affect their financial obliga-
tions and would not reduce the amount
wJiich they must remit to the Federal
G)vernment. The bill would simply re-
dice the amount of redtape, bookkeep-
in ?, and clerical expense with which they
ai e now confronted. This bill would also
reduce administrative expenses on the
p£ rt of the Federal Government.
In mid- 1971 the National Federation
of Independent Businesses conducted a
nitionwide survey of independent busi-
nessmen as to whether or not they fa-
vc red the approach taken in this legisla-
ti(in. That survey indicated that 74 per-
cent of the Nations independent busi-
n( sses favored this measure. I ask unani-
msus consent to have printed at this
p<int in the Record the figures indicat-
in ? the support of this bill on a State-by-
Slate basis.
Trtere being no objection, the table
ordered to be printed in the Record,
follows :
w;
LS
STATE BREAKDOWN FIGURES-RELIEVE EMPLOYERS OF UP
' 0 50 PERSONS OF HAVING TO DEPOSIT TAXES MORE
HAN ONCE A QUARTER
Aljba
A I
An
Aria
Ca foi
Ha <
Idii
Loi i
N
N
N
N
N
N
No
No
Oh
Ok
Or
Pe
Rh^d
Soi
Soi
Te
Tela
Ut
Ve
Vi
Wafehi
CONGRESSIONAL RECORD — SENATE
January 4, 1973
There being no objection, the bill was
ordered to be printed in the Record, as
follows:
S. 201
Be it enacted by the SeTiate and House of
Representatives of the United States of
America in Congress assembled. That (a)
sectloa 6302 of the International Revenue
Code of 1954 (relating to mode or time of
collection) Is amended by adding at the end
thereof the following new subsection:
"(d) Collection of Certain Employment
Taxes From Employers of 50 or Less Em-
ployees.— Payment or deposit of —
"(1) taxes deducted under section 3112
from wages paid by an employer during a
calendar quarter,
"(2) taxes Imposed under section 3111 on
wages paid by such employer during such
calendar quarter, and
"(3) taxes deducted and withheld under
section 3402 upon wages paid by such em-
ployer during such calendar quarter,
shall not be required more than one time, il
at all times during the preceding calendar
quarter such employer had 50 or less Individ-
uals in his employ."
(b) The amendment made by subsection
(a) shall take effect on the first day of the
first calendar quarter beginning more than
30 days after the date of the enactment of
this Act.
ttats
ma..
ka
:onar_.
nsas.
rnia.
Co jrado.
Co inecticut.
Oe awar«...
Flo 'Ida
Georgia
ail
0
lOIS
na
'Cia
lov a...
Ka isas.
Ke itucky.
Ma
Ma-vl
Ma^Mch
Mi^h
Ml
Ml
Ml
Molita
sian»
ne
laitl
usetts...
igan
netofa
SlSiippi
iouri
na.
raska
da-
Hampshire.
Jersey
Mei'co
York
ih Carolina...
lh Dakota....
! §1
homj.
:(in_
nsvlvania...
e Island...
tfi Carolina.
t^ Dakota...
nessee
s
mont
inia
incian.
hinftort, D.C.
t Virginia
cousin
ming
Percent
Percent
Percent
in tavor
againit
undecided
80
15
5
71
25
4
69
26
5
72
23
5
71
24
5
71
24
5
69
26
5
80
18
2
69
25
6
80
18
2
71
25
4
83
14
3
72
24
4
75
20
5
70
25
5
73
22
5
75
18
7
80
16
4
68
25
7
75
19
6
74
23
3
73
• 22
74
21
5
79
16
5
74
19
7
75
19
6
79
16
5
73
24
3
74
22
4
71 •
24
5
70
25
5
73
22
5
77
20
3
79
17
4
74
20
6
76
19
5
72
25
3
75
22
3
67
33
79
16
5
72
22
6
77
19
4
75
21
4
78
17
5
72
24
4
75
22
3
75
21
4
71
29
82
16
2
73
22
5
71
24
5
Mr. TAFT. Mr. President. I ask
u;ianimous consent to have this bill
Pfinted at this point in the Record.
By Mr. TAFT:
S. 203. A bill to amend the Internal
Revenue Code of 1954 to permit the ex-
clusion from gross income of a portion of
the compensation received by full-time
law enforcement officers and firemen em-
ployed by State and local governmental
instrumentalities. Referred to the Com-
mittee on Finance.
TAX DEDUCTIONS FOR POLICEMEN AND FIREMEN
Mr. TAFT. Mr. President, on January
,25, 1971. I introduced S. 62. a bill that
would permit policemen and firemen to
exclude from their federally taxable in-
come the first 9200 earned each month
in police or fire pay. On November 22,
1971, I offered this measure on the floor
of the Senate and it was defeated in a
rollcall vote. 46 to 50.
Because I believe that it was not widely
understood I am reofferlng this legisla-
tion today for consideration by the 93d
Congress.
The effect of this bill would be to give
to those public servants an immediate
pay raise of approximately $35 a month,
on the average — the resulting reduction
in Federal income taxes which they
would owe.
I am told the total would be rather
hard to estimate, but the estimates that
we have been able to get are that it
would cost approximately $180 million.
During the 1960's our population in-
creased 13 percent, but serious reported
crime increased 148 percent. We are all
familiar with the alarming statistics on
the rise in criminal activity, unfortu-
nately still unchecked throughout the
country. We are all for law, order, and
justice. What we must do is recognize
that it is not enough for us merely to ad-
vocate good law ervforcement. If we are
going to have good law enforcement, we
must act now to increase the pay of our
law enforcement officers.
This is not a new idea. I took a look at
the situation in 1967, when I was nmning
for Congress, and became convinced that
if indeed we were to do something about
rising crime rates in this country, we
needed some real recognition of the Im-
portance and the priority of these pro-
fessions. At that time in the Congress,
and every year since. I have had pending
a bill of the very form of this particular
bill.
If a law officer is to fimction properly,
he must act in part as a detective, a
criminal lawyer, a counselor, an athlete,
and sometimes a midwife.
The lot of the fireman is no more en-
viable. They are often required to enter
into burning buildings. In civil distur-
bances they have sometimes been bom-
barded with rocks and fired upon by
snipers.
If we are to imdertake a high level of
professional competence in law enforce-
ment and firefighting, we must do more
than pat these men on the back. We must
give them much needed recognition, and
I suggest that this bill is a very appropri-
ate way in which to do it.
It is not a matter of the money In-
volved; it is a recognition of these im-
portant tasks.
America's combat soldiers have for
many years received similar tax bene-
fits. Enlisted men can exclude all of their
combat pay and officers can exclude their
first S500 per month in combat pay. Why
are they so different from those who
serve in our armed services, when they
are on duty equally important, if not ewen
more important, to the public? In a very
real sense our policemen and firemen are
defending the pubUc in our cities.
I recognize that policemen and firemen
are basically local officials, and we want
to keep the responsibility at that level,
but I think we ought to grant some na-
tional recognition of the tremendously
important service they perform, and they
should receive tax consideration similar
to that earned by those who defend us
on the battlefields.
At the present time America has 267,-
000 full-time policemen and 160,000 full-
time firemen.
In my bill we have an opportunity to
turn our words into action. I lu-ge that
the Senate adopt this bill.
I ask unanimous consent that the full
text of this bill be printed at this point
in the Record.
There being no objection, the bill
was ordered to be printed in the Record,
as follows:
S. 203
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That (a)
part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1954 (relating to
items specifically excluded from gross In-
come) is amended by redesignating section
124 as section 125 and by inserting after
section 123 the following new section:
"sec. 124. CERTAIN PAY OF STATE, TERRfrORIAL,
AND LOCAL POLICE AND LAW ENFORCEMENT
OFFICERS AND FIREMEN
"Gross income does not include so much
of the compensation (exclusive of pensions
and retirement pay) as does not exceed $200
received by an individual for any full month
of regular active service as a member of a
police force or other law enforcement of-
ficers, or as a fireman. In the employ of a
State, the District of Columbia, the Com-
monwealth of Puerto Rico, or any territory
or possession of the United States or In the
Janmnj J,, 1973
CONGRESSIONAL RECORD — SENATE
285
employ of a political subdivision of any of
the foregoing."
(b) The table of sections for part III of
subchapter B of chapter 1 of such Code la
amended by striking out
"Sec. 124. Cross references to other Acts."
and inserting In lieu thereof
"Sec. 124. Certain pay of State, territorial,
and local police and law en-
forcement ofiBcers and firemen.
"Sec. 125. Cross references to other Acts."
Sec. 2. The amendments made by this
Act shall apply only with respect to com-
pensation received for months commencing
after the date of the enactment of this Act.
ByMr. BAYH:
S. 204. A bill to amend the Internal
Revenue Code to encourage the continua-
tion of small family farms, and for other
piUTioses. Referred to the Committee on
Finance.
FAMILY FARM INHERITANCE ACT
Mr. BAYH. Mr. President, I am pleased
to introduce today for appropriate refer-
ence, the Family Farm Inheritance Act.
Agriculture is a vital segment of our
economy, as every American realizes.
It is still the No. 1 Industry in this coun-
try, employing more Americans than
any other field. Indeed, more people are
employed in agriculture than In the
transportation, steel, and automobile in-
dustries combined. One out of every $10
of our gross national product Is directly
attributable to the food industry. And
the American people buy their food for
a far smaller portion of their Income
than any other people In the world.
But while the American people have
benefited from the size and efficiency of
our farm industry, the individual farmer
has been having a progressively harder
time making ends meet. Fifty years ago
there were about 32 million Americans —
more than 30 percent of the entire popu-
lation— living on the farm; today there
are only about 9 million Americans —
slightly more than 4 percent of our popu-
lation—still on the farm. This number
is decreasing steadily. Moreover, it is the
small farmer, the family farmer, who Is
being forced off the farm into otir already
overcrowded cities. In fact, every day
about 300 family farms in this country
have to be abandoned by their owners
because they are no longer viable. Cumu-
latively, a million family-sized farms
were consolidated out of existence in
the I950's and another million in the
1960's.
The reasons for the demise of the
family farmer are evident. While food
prices in this coimtry have gone up along
with everything else, the farmer often
has not shared in this increase. Food
price increases have gone to retailers
and middlemen, but too many farmers
have seen their share of the retail food
dollar remain constant, and at times,
decline. At the same time, while the
average American nonfarmworker labors
an average of only 37 hours a week, the
average farmer works 50 hours a week
and earns less for his time. Farmers re-
ceive an average of only 5.4 percent re-
turn on their Investment whereas there
is a 10- to 12-percent return on invest-
ment in industry.
Perhaps one of the greatest problems
faced by farm families is the estate
tax— a tax which is imiquely burdensome
for farmers because it is usually based
on the exorbitant real estate value of the
land, rather than on its far lower farm-
ing value of profitability. Children who
have spent years working the farm with
their parents are suddenly confronted
with a large tax when the owner of their
operation dies. For a small fanner, estate
taxes are particularly severe because
most of his assets are generally non-
liquid : His farm, his farmhouse, his Uve-
stock. his crops, and equipment com-
prise the bulk of his assets and they are
all essential to the profitable operation
of the farm. Nonfarmers, if only because
their return on Investment is usually
greater, normally have a greater per-
centage of liquid assets with which they
can meet estate taxes.
To illustrate the problem faced by
family farmers, let us take the hypo-
thetical case of a Mr. Jones. Jr.. who is
left a 300-acre farm valued at $700 an
acre, plus farm equipment, crops, and
farmhouse, for a total valuation of $280,-
000. At the prevailing tax rate, he would
have to pay $56,700 in Federal estate
taxes. An average small farmer, Mr.
Jones makes only about $10,000 a year
from his farm; the income is already
stretched thin to cover nev^ farm equip-
ment and family expenses. Assuming that
Mr. Jones does not have large savings, he
would be forced to either take out a
mortgage on the farm — if it is not
already mortgaged— or sell part of his
land in order to pay the estate tax on
his father's farm. Either way, he would
decrease by a considerable margin the
already small profit he is able to make
from the farm. Furthermore, the burden
of estate taxes could very possibly be so
great that Mr. Jones, Jr., might find out
that he can no longer make enough
money on the farm to support his family.
Thus he would be forced to sell the farm
and look for work elsewhere.
Unless we w-ant to see a continuing
decline in the number of family farmers,
and an eventual domination of the farm
industry by large corporate farms, it is
essential to help small farmers meet what
are now unbearably high estate taxes.
The bill I am introducing today ex-
cludes the first $200,000 in value of the
family farm from the taxable estate of
those farmers who have managed their
own farms during their lives and have
willed it to relatives who plan to carry
on this tradition. All such family farms
must be actively used to raise agricul-
tural crops of livestock for profit rather
than as a hobby. To be specific, in order
to qualify for the exemption, the dece-
dent must have owned the farm for at
least 5 years and must have exercised
substantial management and control
over the farm before he died. Those who
inherit must not only continue to exercise
substantial management and control over
the farm, but also must maintain owner-
ship and hve on the farm for at least 5
years. In the event that a farm is willed
to several children, all Inheritors are
covered by the bill if one of them meets
the residency and management quali-
fications set forth in the bill.
As to the problem of Mr. Jones. Jr.,
under this bill he would qualify for the
$200,000 farm exemption in addition to
the standard $60,000 exemption granted
to all citizens. Thus, Mr. Jones. Jr., would
pay a total of $1,300 of estate taxes on
$20,000 worth of his father's $280,000
farming estate. In the event that a family
farm is willed as part of a larger estate,
taxes would still be paid at the regular
rate on all nonfarming portions of the
estate.
Mr. President, the subjects of tax re-
form and agriculture will both receive
priority attention during this session of
Congress. Therefore, I beUeve the Family
Farm Inheritance Act deserves serious
and immediate attention by all Senators
who are concerned about the dechning
interest in farming and the resulting
concentration of agriculture. Unless rural
living is presented as an equally sustain-
ing and appealing career possibility for
young people, this Nation will soon be a
homogeneous collection of crowded city
dwellers.
Mr. President, I ask imanimous con-
sent that a copy of the bill be printed
at this point in the Record.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
S. 204
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That this
Act may be cited as the "Family Farm In-
heritance Act."
Sec. 2. Part IV of Chapter n B of the In-
ternal Revenue Code of 1954 (relating to de-
ductions from the gross estate) is amended
by adding at the end thereof the following
new section:
"5 2057. Interests In Family Farming Opera-
tions.
"(a) General Rule. — For purposes of the
tax Imposed by section 2001, the value o/ the
taxable estate shall be determined by de-
ducting from the value of the gross estate
the lesser of (1) $200,000, and (2) the value
of the decedent's interest In a family farm-
ing operation continually owned by him or
his spouse during the five years prior to the
date of his death and which passes or has
passed to an Individual or Individuals re-
lated to him or his spouse.
"(b) Subsequent Disqualification 9:g^
SULTS in Deficiency. — The difference be-
tween the tax actually paid under this chap-
ter on the transfer of the estate and the tax
which would have been paid on that transfer
had the interest in a family farming opera-
tion not given rise to the deduction allowed
by paragraph (a) shall be a deficiency In the
payment of the tax assessed under this chap-
ter on that estate unless, for at least five
years after the decendent's death —
"(1) the Interest which gave rise to the
deduction Is retained by the Individual or
Individuals to whom such interest passed,
and
"(2) the individual or any of the indi-
viduals to whom the Interest passed resides
on such farm, and
"(3) such farm continues to qualify as a
family fanning operation.
"(c) Death of Subsequent Holder. — In
the case of the subsequent death of an indi-
vidual to whom the Interest In a family farm-
ing operation has passed, his successor shall
be considered In his place for purposes of
paragraph (b),
"(d) Definitions. —
"(1) Family Farming Operation. — A
"famUy farming operation" is a farm:
"(A) actively engaged In raising agricul-
tural crops or llvestocic 'for profit', within
the meaning of section 183, and
"(B) over which the owner or one of the
owners exercises substantial personal control
and supervision.
<
2^
■•(2) Relations. — An Individual Is 'related'
tc the decedent or his spouse tf he Is that
p< rson's father, mother, son, daughter,
bi other, sister, uncle, aunt, first cousin,
mphew, niece, husband, wife, father-in-law,
mother- In-law, son-in-law, daughter-in-law,
blether- In-law, sister-ln-law, stepfather,
St spmother, stepson, stepdaughter, step-
bi other, stepsister, half brother, or half
si Iter."
CONGRESSIONAL RECORD — SENATE
Jamiary J^, 1973
By iMr. KENNEDY:
S. 206. A bill to establish the birth-
place of Susan B. Anthony in Adams,
tJ. ass., as a national historic site, and for
olher purposes. Referred to the Com-
m ittee on Interior and Insiilar Affairs.
BIRTHPLACE OF SL'SAN B. ANTHONY AS A
NATIONAL SHRINE
Mr. KENNEDY. Mr. President, as a
wbman aspiring to teach in the 19th
century, Sasan B Anthony experienced
bi tter discrimination. As a result, she be-
came a tireless worker for 50 years for
e< ual rights for women, especially for the
ri?ht to vote. Through her efforts, the
Nitional Woman Suffrage Association
Wis organized in 1869 In 1892, she was
elected president of the National
Afnerican Woman Suffrage Association.
In 1872, her persistent efforts to gain
tl4e rffeht to vote led to her arrest in
R DCliester, N.Y. Later, when the Supreme
C )urt ruled that the 14th amendment
d d not give women the right to vote,
y. iss Anthony and her followers pro-
p( ised *an amendment to the Constitution
giving women the franchise. Fourteen
y( ars after her death, the amendment
w IS finally adopted as part of the Con-
stitution.
Su.san B. Anthony began a crusade
which is unfinished even today. Her
wjrk and her leadership led to the ac-
c( mplishment of great progress toward
hir goals. I hope that my coUeasues will
ai ;ree that her birthplace should be pre-
s$^'fd as a part of the national park
stem and I am pleased to introduce
tliis bill to accomplish that goal.
I ask that the full text of the bill be
pointed at the conclusion of these re-
niarks.
There being no objection, the bill was
ordered to be printed in the Record, as
fallows :
S. 206
Be it enacted by the Senate and House of
Rkpresentatiies of the United States of
A nerica in Congress assembled. That the
Si icretary of the Interior shall acquire on be-
half of the United States the house and lot
Adams. Massachusetts, where Susan B.
Atthony was bom. The legal description of
s^ch lot shall be determined by the Secretary
the Interior.
Sec. 2. The Secretary of the Interior, act-
Irig through the National Park Service, shall
a( minister, protect, develop, and maintain
tl e house and lot acquired pursuant to the
fijst section as a historic site in accordance
th the provisions of the Act entitled "An
Ait to establish a National Park Service, and
U T other purposes", approved August 25, 1916
(^ Stat. 5.35: 16 U.S.C. l-4i .
Sec. 3. There are hereby appropriated such
Slims as are necessary to carry out the pxir-
pi lee of this Act.
By Mr. KENNEDY:
S. 207. A bill to provide for the estab-
li ihment of the Plymouth Rock National
h emorial, and for other purposes. Re-
f( rred to the Committee on Interior and
L Lsular Affairs.
THE PLYMOUTH ROCK NATIONAL MEMORIAL
Mr. KENNEDY. Mr. President, each of
us as Americans cherish the unique man-
ing of the Pilgrim landing at Plymouth
Rock. And the bravery which character-
ized their survival in this new world.
Plymouth Rock is a sign of hope and
promise for all Americans. The bill which
I am introducing again today Is a recog-
nition of that heritage. I urge the Con-
gress to act on this memorial quickly.
I ask consent that the full text of the
bUl be printed at the conclusion of these
remarks.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
s. 207
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That, for the
purpose of commemorating the landing of
the PUgrUns In the New World at Plymouth
Bay. Massachusetts, in 1620, the Secretary of
the Interior may acquire by gift, purchase
with donated or appropriated funds, ex-
change, or otherwise, not to exceed fifteen
acres of land (together with any buildings
or other Improvements thereon), and Inter-
ests la land at Plymouth Harbor in the town
of Plymouth. Massachusetts, for the purpose
of establishing thereon a national memorial:
Provided. That property owned by the Com-
monwealth of Massachusetts may be acquired
only with the consent of the owner.
Sec. 2. The property acquired pursuant to
the first section of this Act shall be estab-
lished as the Plymouth Rock National Mem-
orial, and shall be administered by the Sec-
retary of the Interior subject to the provi-
sions of the Act entitled "An Act to estab
llsh a National Park Service, and for other
purposes", approved August 25. 1916 (39 Stat.
535) as amended and supplemented, and the
Act entitled "An Act to provide for the pres-
ervation of historic American sites, buildings,
objects, and antiquities of national signifi-
cance, and for other purposes", approved
August 21, 1935 (49 Stat. 666) .
Sec. 3. There are hereby authorized to be
appropriated such sums as may be necessary
to carry out the purposes of this Act.
By Mr. KENNEDY (for himself
and Mr. Brooke) :
S. 208. A bill to preserve and promote
the resources of the Connecticut River
Valley, and for other purposes. Referred
to the Committee on Interior and In-
sular Affairs.
THE MOUNT HOL.YOKE UNIT OF THE
CONNECTICUT HISTORIC RIVERWAT
Mr. KENNEDY. Mr. President, I am
introducing today the amended version
of the legislation to establish the Mount
Holyoke Unit of the Connecticut His-
toric Riverway for myself and Mr.
Brooke. Identical legislation will be in-
troduced in the House by Congressmen
CoNTE and Boland.
The Mount Holyoke Unit comprises
approximately 12.000 acres on the east
side of the Connecticut River, north of
Springfield. The river flows between the
Moimt Holyoke Range and the Mount
Tom Range. This unit of the historic
riverway embraces the bulk of the Mount
Holyoke Range. For 2 years field teams,
planning agencies, local officials, and
private citizens collected data and worked
together on the New England Heritage
Report. Since publication of that report,
another 2 years have gone into study
and refining the specific proposals put
before the local communities.
The Mount Holyoke Unit would in-
clude three classifications of land areas:
First. Public use and development
zone: land may be acquired by donation,
purchase, transfer, or condemnation, but
in no event can more than 1,500 acres be
acquired by condemnation ;
Second. Preservation and conserva-
tion zone: which will be maintained in
its natural state with only the develop-
ment of trails; and
Third. Private use and development
zone: land within this zone shall be
limited to noncommercial, residential de-
velopment except for business already in
existence.
I ask unanimous consent that the full
text of the bill be printed at the con-
clusion of these remarks. I am hopeful
that the Congress will act quickly to as-
sure that the preservation efforts which
have gone on over the years at the local
level will be assisted by the Department
of the Interior in order to protect this
unique resource area.
There being no objection, the bill was
ordered to be printed in the Record, as
follows:
S. 208
Be it enacted by the Senate and House of
Representatives of the United States of Amer-
ica in Congress assembled,
STATEMENT OP POLICY
SECTION 1. The Congress finds that the
Connecticut River and the adjacent munici-
palities in the Commonwealth of Massa-
chusetts, as generally depicted on the map
entitled "Connecticut River Valley Corridor",
numbered NSR-CON-9 1,000 and dated Au-
gust 1970, which Is on file and available for
public Inspection in the offices of the Na-
tional Park Service, Department of the In-
terior, possess unusual scenic, ecological,
scientific, historic, recreational, and other
values contributing to public enjoyment. In-
spiration, and scientific study. The Congress
further finds that It Is in the best Interests
of the citizens of the United States for the
' United States to take action to preserve and
promote such values for the enjoyment of
present and future generations to preserve
the natural ecological environment and de-
velop the recreational potential of the area,
and to encourage maximum complementary
action by the Commonwealth of Massa-
chusetts and local governments and private
Individuals, groups, and associations.
CONNECTICUT HISTORIC RIVERWAY
Sec. 2. In order to provide for conservation
of the scenic, scientific, historic, ecological,
and other values contributing to public en-
joyment, as well as the public outdoor rec-
reation use and enjoyment of the Connecti-
cut River Valley corridor, consistent with the
well-being of present and future residents of
the area, there is hereby established the
Connecticut Historic Riverway (hereinafter
referred to as the "riverway"). The riverway
shall be composed of the Mount Holyoke unit,
the boundary of which shall be as generally
delineated on the map entitled "Connecticut
Historic Rlverway-Mount Holyoke Unit,
Hampshire County, Massachu.setts". num-
bered NRA-CON-40002, and dated February
1971, together with such other areas as may,
from time to time, be authorized by Federal
law. The boundaries of the Mount Holyoke
unit shall be as generally delineated on the
map referred to In this section. The Secretary
of the Interior (hereinafter referred to as the
"Secretary") may revise the boundaries of
the Mount Holyoke unit from time to time
with a view to carrying out the purposes of
this Act. with the approval of a majority of
the advisory committee for such unit, as es-
tablished and described in section 6 of this
Act, but the total acreage of land and water
January
h
1973
CONGRESSIONAL RECORD — SEN ATE
287
within the revised boundaries of the unit
shall not exceed thirteen thousand one hun-
dred and fifty acres In the Mount Holyoke
unit.
ACQUISITION OF' PROPERTY FOR THE CON-
NECTICUT HISTORIC RIVERWAY
Sec. 3. (a) (1) In order to preserve the
existing blend of natural, cultural, and his-
toric values of the area comprising the
Mount Holyoke unit of the riverway, and to
conserve such area In Its natural state for
the benefit of present and future genera-
tions of people to enjoy In a quiet way, the
Secretary Is authorized, subject to the provi-
sions of the Acquisition Zoning Plan, Con-
necticut Historic Rlverway-Mount Holyoke
unit, numbered NRA-CON-4003, and dated
March 1971, and the provisions of paragraph
(2) of this subsection, to acquire, within
the area comprising the Mount Holyoke unit
of the riverway as set forth In the map re-
ferred to In section 2 of this Act and num-
bered NRA-CON-40002, lands, waters, and
Interests therein (Including scenic ea.se-
ments), by donation, negotiated purchase
with donated or appropriated funds, transfer,
exchange, or condemnation (except that
such authority to acquire by condemnation
shall be exercised only in the manner and to
the extent specifically provided for In this
subsection).
(2) (A) The Secretary shall develop and
administer the area comprising the Mount
Holyoke unit of the riverway in accordance
with the zoning plan referred to In para-
graph (1) of this subsection, and in accord-
ance with the provisions of this subsection.
(B) Within the area comprising the zone
designated by such zoning plan as the "Pub-
lic Use and Development Zone", the Secre-
tary is authorized to acquire lands, waters,
and Interests therein (Including scenic ease-
ments) by donation, negotiated purchase
with donated or appropriated funds, trans-
fer, exchanges, or condemnation, but In no
event shall the Secretary acquire* by con-
demnation, within such zone, the fee title
to more than eleven hundred acres.
(C)(1) The area comprising the zone
designated by said zoning plan as the "Pres-
ervation and Conservation Zone" shall be
maintained and administered by the Secre-
tary In as nearly Its natviral state and con-
dition as possible without further develop-
ment, except that the Secretary may develop
trails In said area to the extent necessary
for the benefit of the public. Improvements
on presently existing single-family home-
steads including one or more such things
as renovation, an addition, a garage, a swim-
ming pool, tennis court, or the like, shall be
allowed. Further, a landowner shall be au-
thorized to tear down an existing homestead
and rebuild a new one on the same site.
Within this zone, the Secretary shall take no
action which would result in reduction of
either the quality or quantity of water avail-
able to existing public and private water
supply systems.
(li) In this zone, the Secretary shall have
no power of condemnation of other than
scenic and trail easements, but may acquire
fee or lesser interests by purchase or gift:
except that If. in the Judgment of the Secre-
tary, fee condemnation Is necessary to clear
title, he may acquire such Interests.
(D) Within the area comprising a maxi-
mum of four hundred acres and designated
by such zoning plan as the "Private Use and
Development Zone", the Secretary shall have
no authority to acquire any Interests In or to
any lands or waters within such zone by con-
demnation for two years following the date
of the enactment of this Act, or thereafter
so long as an appropriate local zoning agency
shall have In force and applicable to such
property a duly adopted, valid municipal
zoning ordinance approved by the Secretary.
(3) (A) The area comprising that portion
of the Mount Holyoke unit of the riverway
designated by the zoning plan referred to
In paragraph ( 1 ) of this subsection as the
"Public Use and Development Zone" shall be
utilized oy the Secretary for th: develop-
ment of recreational areas, and for the de-
velopment of necessary public use facilities
In connection therewith according to a mas-
ter plan approved by the Secretary and the
committee.
(B) The area comprising that portion of
the Mount Holyoke unit of the riverway des-
ignated by such zoning plan as the "Pri-
vate Use and Development Zone" shall be
limited to noncommercial residential devel-
opment except such area as was designated
for business as of January 1. 1971. by mu-
nicipal zoning, and which shall be limited to
such uses as are consistent with this Act.
Within such zone, the Secretary Is author-
ized to acquire the fee title to lands, waters,
and water rights, by donation or negotiated
purchase, and to designate such lands and
waters so acquired as a part of the area com-
prising that portion of the Mount Holyoke
unit designated as the "Preservation and
Conservation Zone".
(b) In order to carry out the provisions
of this section, and following public hearings,
the Secretary shall issue regulations specify-
ing standards for the approval of zoning
ordinances for the "Private Use and Devel-
opment Zone" that are consistent with the
provisions of this Act. Such regulations and
amendments thereto must receive the ap-
proval of a majority of the committee under
section 6 before Issuance.
(c) The standards specified In such regu-
lations pertaining to the private use and de-
velopment zone shall have the object of
preserving the scenic quality of said zone
while allowing compatible private develop-
ment of such property by means of acreage.
frontage, setback design, and subdivision
controls and by prohibiting the cutting of
timber, burning of undergrowth, removing
soil or other landfill, and dumping or storing
refuse In such a manner that would detract
from the natural or traditional rt%'erway
scene.
(d) Following the Issuance of such regula-
tions the Secretary shall approve any zoning
ordinance or any amendment to any ap-
proved zoning ordinance submitted to him
that conforms to the standards contained
in the regulations in effect at the time of
adoption of the ordinance or amendment.
Such approval shall remain effective for so
long as such ordinance or amendment re-
mains in effect as approved.
(e) No zoning ordinance or amendment
thereof shall be approved by the Secretary
which (1) contains any provisions that he
considers adverse to the protection and de-
velopment of such property In accordance
with the provisions of this Act. and (2)
falls to have the effect of providing that
the Secretary shall receive notice of any
variance granted under, or any exception
made to, the application of such ordinance
or amendment.
(f ) If any property, with respect to which
the Secretary's authority to acquire by con-
demnation has been suspended according to
the provisions of subsection (a) (2) (D) of
this section, is made the subject of a vari-
ance under, or becomes for any reason an
exception to, such zoning ordinance, or Is
subject to any variance, exception, or vise
that falls to conform to any applicable
standard contained In regulations of the Sec-
retary issued pursuant to this section and
in effect at the time of passage of such
ordinance, the Secretary may terminate the
suspension of his authority to acquire such
property by condemnation; except that the
owner of any such property shall have ninety
days after written notification from the Sec-
retary to discontinue the variance, excep-
tion, or use referred to in such notification.
(g) The Secretary shall furnish to any
party In Interest, upon request, a certificate
indicating the property with respect to which
the Secretary's authority to acquire by con-
demnation is suspended.
ADDITIONAL PROPERTY ACQUISITION PROVISIONS
Sec. 4. (a) with the exception of anv lands,
acquired In accordance with this Act. which
the Secretary determines are presently
needed for public use facilities to carry out
the purposes of this Act, any owner of im-
proved property within the riverway may
elect to retain a right of use and occupancy
of the Improved property for noncommer-
cial residential and agricultural purposes for
a period ending at the death of the owner or
his spouse, whichever occurs later, or for a
fixed term not to exceed twenty-five years.
The Secretary shall pay to the owner the fair
market value of the property on the date of
Its acquisition less the fair market value on
such date of any right retained by the owner.
Any retained right of use and occupancy may
be transferred or assigned. Whenever the Sec-
retary finds that the property or any portion
thereof has ceased to be used for noncom-
mercial residential purposes, he may termi-
nate the right of use and occupancy upon
tendering to the holder thereof an amount
equal to the fair market value of the portion
of said right which remains unexpired on
the date of termination.
(b) As used in this section, the term "im-
proved property" shall mean a one-family
dwelling the construction of which was be-
gun before April 1, 1971, together with so
much of the land on which the dwelling is
situated, the said land being In the same
ownership as the dwelling, as the Secretary
shall designate to be reasonably necessary for
the enjoyment of the dwelling and land for
noncommercial residential or agricultural
purposes, together with any structures ac-
cessory to the dwelling which are situated
on the land so designated; except that the
Secretary may exclude from the land so desig-
nated any water bodies together with so
much of the adjacent land as he deems nec-
essary for public access thereto.
(c) Any property or Interests therein
within the riverway which are owned by the
Commonwealth of Massachusetts or by any
political subdivision thereof or permanently
preserved for conservation purposes under
the ownership of a nonprofit, nonstock or-
ganization may be acquired only by donation
or by a negotiated purchase; except that In
no case shall the Secretary pay as consider-
ation for any such property an amount In
excess of the actual cost Incurred by the
owner In acquiring such property plus the
fair market value of the actual costs of im-
provements added by the owner, whichever
Is the lesser.
(d) When a tract of land lies partly within
and partly without the boundary of the
Mount Holyoke unit of the riverway. the Sec-
retary may acquire by condemnation only
the tract within the boundary unless other-
wise agreed i:pon by the landowner.
(e) No person retaining title to or Interest
in lands within the Mount Holyoke unit
which abut a navigable water will be de-
prived of access across such lands to said
water without Just compensation therefor.
ADMINISTRATIVE PROVISIONS
Sec. 5 (a) The Secretary shall administer
and protect the riverway, subject to the
provisions of this Act, wltH the primary aim
of conserving the natural resources located
within It and preserving the area in as nearly
Its natural state and condition as possible.
No development or plan for the convenience
of visitors shall be undertaken in the river-
way which would be compatible with the
overall life style of residents of the area, ac-
cepted ecological principles, the preservation
of the physiographic conditions now prevail-
ing, or with the preservation of such historic
sites and structures as the Secretary may
designate.
(b) The riverway shall be administered,
protected, and developed by the Secretary in
2^8
Act
as
se< ;
av
t«lL
pu rposes (
c) T
fls ling,
uiiler
In
reliilatioDs
ch osetis I
th!
eslE
ini;
EO|I5
a
en
aller
V
to
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tlqes
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be
ths
Se
or
CONGRESSIONAL RECORD — SENATE
January ^, 1973
ac lordance with the provisions of this Act
anp, to the extent not inconsistent with this
, the Act of August 25, 1916 (39 Stat. 535) .
imended and supplemented (16 U.S.C. I et
and any other statutory authority
lUable to him for the conservation and
m( nagement of natural resources to the ex-
t he finds such authority will further the
of this Act.
c) The Secretary shall permit hunting,
and trapping on lands and waters
his jurisdiction within the rlverway
accordance with the applicable laws and
of the Comjnonwealth of Massa-
and of the United States, except that
Secretary may designate zones where, and
establish periods when, no hunting, no fish-
, or trapping shall be permitted for rea-
of public safety fish or wildlife man-
g^ment, administration, or public use and
oyment. Except In emergencies, any reg-
ulAtlons of the Secretary prescribing any such
re! trlctlons shall be Issued only after con-
BU tatlcm with the appropriate agency of the
Cctnmonwealth of Massachusetts and only
a public hearing at a location con-
ejilent to the area affected. The hearing
be announced through such means as the
retary deems appropriate. Including no-
In the Federal Register and newspapers
general circulation In the area.
d) The Federal Power Commission shall
authorize the construction, operation, or
milntenance within the rlverway of any dam,
conduit, reservoir, transmission line,
other project works under the Federal
Act (41 Stat. 1063). as amended (16
C. 791a et seq.) : Provided, That the pro-
l^lons of that Act shall continue to apply
any project, as defined In that Act, al-
Ucensed.
MOTTNT HOLTOKE RIVERWAT COMMITTEE
Sec. 6. (a) There Is hereby established the
Miunt Holyoke Rlverway Committee.
b) Such committee shall be composed of
appointed for a term of two years
the Secretary as follows:
1) a member appointed to represent the
Ccfcnmonwealth of Massachusetts, such ap-
ient to be made from recommenda-
tions of the Governor of such Common-
wealth;
2) a member appolnt«d to represent the
p^roprlate regional planning commissions
Les of the Commonwealth of Massachu-
setts. Such appointment shall be made from
refommendatlona of the governing such
or agencies;
;3) » member appointed to represent each
to vn snd municipality referred to In section
>f this Act that Is directly affected by the
establishment of the Mount Holyoke unit of
rlverway, and such appointments shall
made from recommendations of the gov-
erfelng body of such town or municipality, as
case may be;
4) a member to be designated by the
retary;
5) a member to be designated by the
Aiimlnlstrator of the Environmental Protec-
Agency (or other such Federal agency
wlllch assumes the responsibility for the pro-
tertian of the environment by change of law
by executive order) unless that agency Is
the administrative Jxirlsdlctlon of the
and
[6) a member to be designated by the
C( mmonwealth's division of fisheries and
game.
[c) the chairman of such committee shall
be elected by the membership thereof for a
term of not to 'xceed two years. Any vacancy
n shall be filled In the same manner
wUlch the original appointment was
not
w^er
or
Pcfver
U
V
to
reidy
mi mbers
bv
ui der
Se :retary;
th srel;
In
m Mle.
(d) All members of such committee shall
se-ve without compensation as such. The
Se notary Is authorized to pay the expenses
reiisonably Incurred by such committee In
carrying out Its responsibilities under this
Act on the presentation of vouchers signed
by the chairman.
(e) The Secretary or his delegate shall
consult regularly with such committee with
respect to all matters relating to the devel-
opment and administration of such unit and
with respect to carrying out the provisions
of this Act, Including but not limited to
matters relating to the acquisition of lands,
the issutJice of regulations specifying stand-
ards for zoning ordinances, and the admin-
istration of such unit.
(f) Such committee shall make available
to the Secretary an annual report reviewing
matters relating to the development of such
unit, including land acquisition and the
zoning standards policies, and shall make
recommendations thereto.
CONNECTICUT RIVER VALLEY COEEmOR
Sec 7. (a) The Secretary, in accordance
with authority contained in the Act of May
28, 1963 (77 Stat. 49), and In consultation
with the New England River Basin Commis-
sion and the committee established by section
6 of this Act, shall encourage coordinated
planning for the conservation and develop-
ment of the scenic, ecological, scientific,
historic, and recreational resources of the
Connecticut River Valley corridor which is
defined for the purpose of this section as
that part of the Connecticut River Valley
corridor depicted on the map referred to in
section 1 of this Act. The Secretary shall give
particular attention to encouraging and co-
ordinating the conservation and development
of the outdoor recreation resources of the
corridor that are outside the boundaries of
the rlverway, and ho is authorized to provide
technical assistance to State and local gov-
ernments and private individuals, groups,
and associations with respect to the conser-
vation and development of such resources.
(b) The Secretary shall encourage State,
regional, county, and municipal bodies to
adopt and enforce adequate master plans and
zoning ordinances which will promote the
use and development of privately owned
lands within the corridor Ln a manner con-
sistent with the purposes of this section,
and he is authorized to provide technical
assistance to such bodies in the development
of such plans and ordinances.
(c) The Secretary shall cooperate with the
appropriate State and local agencies to pro-
vide safeguards against pollution of the
Connecticut River and unnecessary Impair-
ment to the scenery thereof.
(d) In order to avoid. Insofar as possible,
decisions or actions by any department,
agency, or Instrumentality of the United
States which could have a direct or adverse
effect on the outdoor recreation resources
of the corridor, all departments, agencies,
and Instrumentalities of the United States
shall consult with the Secretary concerning
any plans, programs, projects, and g;ranta
under their Jurisdiction within the corridor.
Any Federal department, agency, or instru-
mentality before which there is pending an
application for a license for any activity
which could have such effect on the outdoor
recreation resources of the corridor shall
notify the Secretary and, before taking final
action on such application, shall allow the
Secretary ninety days to present his views
on the matter.
(e) The Secretary of Agriculture shall, in
cooperation with the appropriate State agen-
cies, study means of preserving the agricul-
tural, forest, and rural open space character
of the corridor, and shall submit a report of
his findings and recommendation to the
President and Congress within two years
after the date of this Act.
SHOBELXNE EROSION CONTROL
Sec. 8. The Secretary of the Interior and the
Secretary of the Army shall cooperate in the
study and formulation of plans for shore-
line erosion control of the Connecticut River;
and any protective works for such control
undertaken by the Chief of Engineers, De-
partment of the Army, shall be carried out in
accordance with a plan that Is acceptable to
the Secretary of the Interior and Is consistent
with the purposes of this Act.
APPROPRIATIONS
Sec. 9. There are hereby authorized to be
appropriated such sums as may be necessary
to carry out the provisions of this Act.
By Mr. KENNEDY:
S. 209. A bill tx) authorize the Council
on Environmental Quality to carry out a
county government environmental con-
trol demonstration project. Referred to
the Committee on Public Works.
BERKSHIRE COUNTT DEMONSTRATION PROJECT
Mr. KENNEDY. Mr. President, I am
introducing today a bill to establish a
county government environmental con-
trol demonstration project. I ask consent
that the full text of the bill be printed
in the Record at the conclusion of my
remarks.
Mr. President, the bill I introduce to-
day authorizes the Council on Environ-
mental Quality to fund $1 million an-
nually over a 3 -year period to Berkshire
County in the Commonwealth of Mas-
sachusetts to carry out a demonstration
project. Berkshire is a uniquely beautiful
area and one most suitably qualified for
this project.
The bill I introduce today wiU pro-
vide a model for:
First, rejuvenating and strengthening
county governments throughout the Na-
tion in their ability to deal with environ-
mental problems;
Second, dealing with such environ-
mental problems as waste of land, forest
and wildlife resources, soil erosion, and
flood hazards;
Third, solving such problems in co-
operation with and with the assistance of
the Federal, State, and local govern-
ments; and
Fourth, establishing priorities in solv-
ing countywide environmental problems.
I will be visiting residents of Berkshire
County next week to get their suggestions
^or refinements to this legislation. And
I am hopeful that the Congress will act
on this measure during this session.
There being no objection, the bill was
ordered to be printed ha the Record, as
follows:
S. 209
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "County Govern-
ment Environmental Control Demonstration
Project Act".
Sec 2. The purpose of this Act Is to au-
thorize a demonstration program which will
provide a model for —
(1) rejuvenating and strengthening coun-
ty governments throughout the Nation In
their ability to deal with environmental
problems;
(2) dealing with such environmental prob-
lems as waste of land, forest, and wildlife
resources, soil erosion and flood hazards;
(3) solving such problems In cooperation
with, and with the assistance of, the Federal
and State and local governments; and
(4) establishing priorities In solving coun-
ty environmental problems.
AUTHOEtZATTON FOB DEMONSTRATION PtOJECT
Sec. 3. (a) The Council on Environmental
Quality is authorized to enter Into such ar-
rangements as It may determine with the
January ^, 1973
CONGRESSIONAL RECORD — SENATE
289
county commissioners of Berkshire County.
Massachusetts, for a three-year demonstra-
tion project to carry out the purpose of this
Act.
(b) Except as provided In subsection (c),
no funds shall be paid to such county pur-
suant to this Act until such county commis-
sioners submit to the Council a plan for
carrying out such project which the Council
determines to be satisfactory for the purpose
of this Act and which —
(1) provides for a project commission,
meeting the requirements of section 4. which
will carry out such plan subject to the sviper-
vision of the county commissioners;
(2) establishes priorities for the solving
of the county's environmental problems and
establishes a schedule for completing at least
the highest priority projects in the plan dur-
ing the three-year period of Federal assist-
ance pursuant to this Act and provides assur-
ances satisfactory to the Council that such
schedule will be followed and that such
county will continue to carry out the plan
after such three-year period;
(3) provides adequate assurances of neces-
sary cooperation by the Commonwealth of
Massachusetts and any local government en-
titles within the county, including the en-
actment of any necessary legislation;
(4) provides for such fiscal control arid
fund accounting procedures as may be neces-
sary to assure proper disbursement" of and
accounting for Federal funds supplied pur-
suant to this Act: and
i5| provides for making an annual report
and such other reports, in such form and
containing such Information as the Coimcll
may require and for keeping such records and
for affording such access thereto as the
Council may find necessary to assure the
correctness and verification of such reports.
ic) Not to exceed 15 per centum of the
funds authorized in section 5 may be paid
to the county to cover costs of preparing the
plan required by this section.
(d) The three-year period provided in this
section shall begin on the date the plan
required by this section is approved by the
Council.
PROJECT COMMISSION
Sec 4. (a) The project commission re-
quired pursuant to section 3(b)(1) shall
include —
1 1 ) the county commissioners of Berkshire
County;
(2) at least ten experts In county govern-
ment or the environment selected from insti-
tutions of higher education or from business;
(3) one representative from each town or
municipality In the county; and
(4) one representative each from the
Berkshire Natural Resources Council, the
Berkshire County Industrial Development
Commission, and the Berkshire County Re-
gional Planning Commission.
lb) The members of the project commis-
sion shall select one member to be project
commissioner and may select such other offi-'
cars and provide for such stibcommlttees of
the commission as they determine to be
necessary. =
AUTHORIZATION
Sec. 5. There is authorized to be appro-
priated the sum of $3,000,000 for payments
to Berkshire County pursuant to this Act,
and such sums as may be necessary for the
administration of this Act by the Council on
Environmental Qualltv.
By Mr. KENNEDY:
S. 210. A bill to authorize the establish-
ment of the Boston National Historical
Park in the Commonwealth of Massachu-
setts. Referred to the Committee on In-
terior and Insular Affairs.
THE BOSTON NATIONAL HISTORICAL PARK
Mr. KENNEDY. Mr. President, I am
introducing a bill today to establish the
CXIX 19— Part 1
Boston National Historical Park in the
Commonwealth of Massachusetts. I ask
unanimous consent that the full text of
the bill be printed at the conclusion of
my remarks.
The legislation I introduce provides
for a historical park to be established in
the city of Boston to include Fanueil Hall,
the Paul Revere House, the Old State
House, the Old North Church, Bunker
Hill, and the Old South Meeting House
if the present owners of these sites choose
to either enter into cooperative agree-
ments with the Secretary of Interior or
sell or donate the sites ta the Secretary.
This legislation not only authorizes the
Secretary of Interior to'^acquire by do-
nation or purchase with the consent of
the owner but provides authority for him
to enter into cooperative agreements with
the city of Boston, the Commonwealth of
Massachusetts, or private organizations
currently maintaining these sites. These
agreements provide that preservation of
historic sites may be assisted by the Sec-
retary of Interior while the site is re-
tained in municipal,- State, or private
ownership. Any such agreement would
assure that maintenance under existing
ownership is satisfactory to both the
owner and the Secretary and that any
improvements or changes be made by
mutual agreement.
There being no objection, the bill was
ordered to be printed in the Record, as
follows:
S. 210
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "Boston National
Historic Sites Act of 1972".
nCSTON NATIONAL HISTORICAL PARK
Sec. 2. la) In order to preserve for the
benefit and inspiration of the people of the
United States as a national historical park
certain historical structures and properties
of outstanding national significance located
in Boston, Massachusetts, and associated with
the American Revolution and the founding
and growth of the United States, the Sec-
retary of the Interior (hereinafter referred
to as the "Secretary") is authorized, in ac-
cordance with the provisions of this Act, to
acqiUre only wiuh tlie consent of the current
ovv-ner by donation or Ijy purchase with do-
nated or appropriated funds, and all lands
and improvements thereon or interests there-
in comr>ri in^ the following described areas:
(1) PaneuU Hall, located at Dock Square,
Boston;
(2) Paul Revere House. 19 North Square,
Boston;
(3) The area identified as the Old North
Church area. 193 Salem Street, Boston;
(4) The Old State House, Washington and
State Street, Boston;
(5) Bunker Hill, Breeds Hill, Boston; and
(6) Old Soufo Meeting House, Milk and
Washington Streets, Boston.
(b) At any such time as the Secretary
determines that he has acquired sufficient
lands, Improvements, and interests therein
or entered into coop>€rative agreements with
sufficient numbers of private, municipal, or
State owners as provided In section 3 of this
Act, to provide an efficient administrative
unit, he is authorized to establish such lands,
improvements, and interests as the Boston
National Historical Park by the publication
of that fact In the Federal Register, together
with a detailed map setting forth the bound-
aries thereof.
(c) In addition to the above described
areas, the Secretary is authorized to study
the following locations, and any others he
deems appropriate for Inclusion in the park,
either by donation or by purchase with the
consent of the owner with donated or appro-
priated funds, or by entering Into cooperative
agreements :
(1) Boston Common;
(2) Charlestown Navy Yard;
(3) Thomas Crease House (old Corner
Book Store);
(4) Dorchester Heights;
(5) following burying grounds: King's
Chapel, Granary, and Copp's Hill. '
(d) No site win be Included In the park
which has not been either acquired with the
consent of the owner or the subject of a
cooperative agreement as outlined in sec-
tion 3.
COOPERATIVE AGREEMENTS
Sec. 3. In furtherance of the general pur*
pcses of this Act as prescribed in section 2
thereof, the Secretary is authorized to enter
into cooperative agreements with the city of
Boston, the Commonwealth of Massachusetts,
and private organizations to assist in the
preservation and interpretation of such of
the properties listed in section 2, or portions
thereof, which, in his opinion, would best be
preserved in private, municipal, or State
ownership, in connection with the Boston
National Historical Park. Such agreements
shall contain, but shall not be limited to,
provisions that the Secretary, through the
National Park Service, shall have right of
access at all reasonable times to all public
portions of the property covered by such
agreement for the purpose of conducting
visitors through such properties and inter-
preting them to the public, that no changes
or alterations shall be made in such proper-
ties except by mutual agreement between
the Secretary and the other parties to such
agreements, except that no limitation or
control of any kind over the use of any such
properties customarily used for church pur-
poses shall be imposed by any agreement.
The agreements may contain specific provi-
sions which outline in detail the extent of
the participation by the Secretary in the
restoration, preservation, and maintenance
of the historic site. Any historical properties
not acquired by negotiated purchase, dona-
tion, or not the subject of a cooperative
agreement may be excluded from the Boston
National Historical Park.
ADDITIONAL AREAS
Sec. 4. The Secretary is authorized to ac-
cept donations of property of national his-
torical interest and significance located in
the city of Boston which he may deem proper
for administration as part of tlie Boston Na-
tional Historical Park. Upon such accept-
ance, such property shall be deemed part of
such park. The Secretary may purchase with
the consent of the owner or enter into a
cooperative agreement with the owr.er of any
additional historic sites which he deems ap-
propriate for Inclusion in the Boston Na-
tional Historical Park.
ADVISORY COMMISSION
Sec 5. The Secretary is authorized to es-
tablish a suitable advisory commission. TTie
members of the advisory commission shall
be appointed by the Secretary, with three
members to be recommended by the Oc.ver-
nor of Massachusetts, three by the ijiayor
of the city of Boston, Massachusetts, arid one
each by the organizations with which the
Secretary has concluded cooperative agree-
ments pursuant to section 3 of this Act. The
advisory commission shall render advice to
the Secretary, from time to time, upon mat-
ters which he may refer to them for consid-
eration.
HISTORICAL MARKERS
Sec. 6. The Secretary is hereby authorized
to carry out a program of historical marking
In the city of Bostrfh, Massachusetts, and
other municipalities within the Common-
290
CONGRESSIONAL RECORD — SEN ATE
Jantuiry Jf,
1973
wealth of Massachusetts, to cover nationally
slgrjlflcant sites of the colonial and Revolu-
tionary periods of American history, and
suc.-^ rites as are related to any unit of the
national park system within the Common-
wealth of Massachusetts, through agreements
with the owners of such sites.
I VISrrOR CENTER
Sec 7 The Secretary with the consent of
the advisory commission Is authorized to
construct on lands acquired by him In ac-
cordance with this Act or upon other lands
that may be donated to him for such pur-
pose, or "make use of existing facilities with
proper restoration, a suitable visitor center
for the interpretation of the historical fea-
tures of the Boston National Historical Park.
I ADMINISTRATION
3ec. 8 The Boston National Historical Park
shail be administered by the Secretary In
accordance with the provisions of this Act,
the Act of August 25, 1916 (39 Stat. 535 1,
as amended and supplemented (16 U.S.C. 1
e- peq.). and the Act of August 21, 1935 (49
St^. 666; 16 U.S.C. 461^67) .
■ , AtTTHORIZATION
3zc. 9. There are hereby authorized to be
appropriated such sums as ar9 necessary to
carry out the purposes of this Act; except
thit no such sums shall be used for the pur-
chase of property ow;ied by the Common-
we.lth of Massachusetts, or the city of Bos-
"•.01 . Massachusetts.
By Mr. KENNEDY:
S. 211. A bill to authorize the Secretary
of the Interior to study the feasibility and
deJirability of a Boston Harbor National
Recreation Area in the State of Massa-
chusetts. Referred to the Committee on
Interior and Insular Affairs.
BOSTON HARBOR NATIONAL RECREATION AREA
Mr. KENNEDY. Mr. President. I am
introducing today a bill to establish a
Boston Harbor National Recreation Area.
I ask imanimous consent that the full
text of the bill be printed at the conclu-
sioi of my remarks.
Boston Harbor and its islands present
unique problems in protection and pres-
ervation of our natural resources. At least
17 agencies have responsibilities con-
nected with the harbor and islands and
the coordination of information and pro-
grams has over the years been one of the
largest tasks in developing a comprehen-
sive plan for the Boston Harbor area. Re-
cently a detailed study was completed
outlining the resources and potential of
the harbor islands. I introduce this leg-
islation today in the hope that we can
find a way over the coming months to
create a partnership between Federal and
State agencies to assist in the preserva-
tion of the harbor islands.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
S. 211
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That, In
arder to consider preserving the Boston Har-
bor area and appropriate segments of adjoin-
ing land in their natural condition for public
outdoor recreation, and preserving the price-
less natural beauty and historic heritage of
such area, the Secretary of the Interior shall
study. Investigate, and formulate recom-
mendations on the feasibility and desirability
of establishing Boston Harbor, from Wln-
throp to Hull. Massachusetts, its shores and
Its Islands, as the Boston Harbor National
Recreation Area. The Secretary shall consult
with other interested Federal agencies, and
the State of Massachusetts (Including ap-
propriate local bodies and officials thereof) ,
and shall coordinate his study with appli-
cable highway plans and other planning ac-
tivities relating to the Boston Harbor area.
In conducting such study and investigation
pursuant to this Act, the Secretary of the
Interior shall hold public hearings within
the State of Massachusetts, upon the request
of the Governor thereof, for the purpose of
receiving views and recommendations on the
establishment of such a national recreation
area.
Sec. 2. Within two years from the date of
the enactment of this Act. the Secretary of
the Interior shall submit to the President of
the United States a written report containing
the findings and recommendations of the Sec-
retarj' arising out of any study and Investiga-
tion conducted pursuant to this Act. Such
report shall contain, but not be limited to,
findings with respect to —
(1) the scenic, scientific, historic, outdoor
recreation, and the natural values of the
water and related land resources Involved, in-
cluding driving for pleasure, walking, hiking,
riding, boating, bicycling, swimming, pic-
nicking, camping, forest management, fish
and wildlife management, scenic and historic
site preservation, hunting, fishing, and win-
ter sports;
(2) the potential alternative beneficial
uses of the water and related land resources
involved, taking into consideration appro-
priate uses of the land for residential, com-
mercip.l, industrial, agricultural, and trans-
portation purposes, and for public services;
and
(3) the type of Federal program that Is
feasible and desirable in the public Interest
to preserve, develop, and make accessible the
values ?et forth In paragraph (1), Including
the consideration of scenic roads or park-
ways, and that also will have a minimum
impact on other essential operatloiis and
activities In the area, and on private property
omf^Ts.
Sec. 3. The President of the United States,
following the receipt by him of such report,
shall submit to the Congress such recom-
mendations with respect thereto. Including
his recommendations for legislation, as he
deems appropriate.
Sec. 4. There Is authorized to be appro-
priated such sum, not to exceed $300,000, as
may be necessary to carry out the provisions
of this Act.
By Mr. McGOVERN ffor himself.
, Mr. Hatfield, Mr. Kennedy, Mr.
j M.ANSFiELD, Mr. Hughes, Mr.
Inouye, and Mr. Williams) :
S. 212. A bill to provide for the termi-
nation of all U.S. military involvement
in Indochina. Referred to the Committee
on Foreign Relations.
THE VIETNAM WITHDRAWAL ACT
Mr. McGOVERN. Mr. President, along
with the distinguished Senator from
Oregon <Mr. Hatfield) and the distin-
guished Senator from Massachusetts
(Mr. Kennedy*, I introduce for appro-
priate reference a bill entitled "The
Vietnam Withdrawal Act of 1973." I ask
that it be printed in the Record at the
conclusion of my remarks.
The PRESIDING OFFICER. Without
objection, it is so ordered.
(See exhibit 1.)
Mr. McGOVERN. Mr. President, I am
again offering such legislation similar to
proposals I have offered over the past 3
years, in the hope that Mr. Nixon has
finally gone too far even for those Mem-
bers of Congress who are most desirous
of protecting executive power. If Con-
gress refuses now to assert its constitu-
tional powers over this national tragedy
in Indochina, then we might as well sur-
render the notion that we can preserve
even a semblance of the checks and bal-
ances which the Founding Fathers be-
lieved were important in our con^itu-
tional system.
In the 12 days from December 18 to
December 30, 1972, Mr. Nixon imdertook
the cruelest and most insane act of a
long and foolish war. He carried it out
without a trace of constitutional author-
ity, or consultation with Congress, and
without so much as a glance toward
Capitol Hill.
It is alarming to note that in the 12-
day period, we dropped more explosive
bombardment on the people of North
Vietnam than were dropped in all of
the years of World War n by the Ger-
man air force on the people of Britain.
For the first time, American B-52's
were used to strike targets deep inside
North Vietnam, in the densely populated
civilian areas around Hanoi and Hai-
phong.
For the first time, the intense carpet
bombing was employed directly against
cities.
For 12 days, some 100 B-52's pounded
those populated targets. On each mis-
sion, every group of three B-52's dropped
patterns of bombs capable of blanketing
areas of six -tenths of a mile wide and
1^2 miles long, literally grinding up ev-
erything within those perimeters.
Administration spokesmen have ex-
pressed "regrets" about the nonmilitary
targets — the hospitals, the airfields, the
houses, the embassies, the civilians, even
the main camp holding American pris-
oners of war — which they say were "ac-
cidentally" hit or damaged during the
raids. Those apologies are both hypo-
critical and dishonest. An accident is
something that carmot be foreseen. This
administration knows the limits on the
accuracy of B-52 bombing. Any time
weapons of that kind are sent against
densely populated areas, the author of
that strategy knows for a certainty that
nonmilitary targets will be destroyed and
that thousands of innocent men, women,
and children will be slaughtered. This
was a deliberate attack against inno-
cent people, designed not to remove mil-
itary objectives but to terrorize and de-
stroy human beings who pose no threat
whatsoever to the people of the United
States. It is precisely the same as the
individual acts of terrorism which have
been repeatedly cited by apologists for
this war to demonstrate the barbarous
nature of the enemy.
Furthermore, these attacks exhibited
tov.ard our own men the same inhuman-
ity they showed to the people of Vietnam.
For if the President knew for a certainty
that civilians would be destroyed, he also
knew that the B-52's could not survive
in the heavily defended areas of North
Vietnam. We have always Icnown that
the big. cumbersome strategic bombers
were no match for the advanced Soviet
SAM missiles which defend North Viet-
namese cities. In fact, that is exactly
the argument the Air Force has made
in arguing that the B-52 must be re-
placed with a newer and far more ma-
neuverable bomber in the context of
nuclear deterrence against the Soviet
Union. No previous administration has
been irrespon- ible enough to send B-52's
with conventional bombs far over North
January J^, 1973
CONGRESSIONAL RECORD — SENATE
291
Vietnam, on what can only be described
as a suicide mission. Yet Mr. Nixon did
this, and we lost at least 15 B-52's in 2
week's time and 93 more American air-
men are killed, captured, or missing as
a result of those reckless raids — more
than were captured during all of tlie
other 50 weeks in 1972, and more than
were captured during 1969, 1970, and
1971 combined.
In other words, Mr. President, we
lost in American airmen in 2 weeks more
than we lost in 3 years combined, from
1969 through 1971,
There are no targets in all of Indo-
china that have the strategic importance
to justify such costly military operations.
What then, is the purpose of these
massive bombardments?
From what we have been permitted to
see of Dr. Kissinger's secret negotiations,
the technical matteis which he said re-
mained to be resolved on October 26 have
emerged instead as the fundamental is-
sues of the war. They are the same cen-
tral issues which have moved the North
Vietnamese to struggle for more than 18
years, ever since the colonial French
withdrew in 1954.
The North Vietnamese have had one
overriding goal, and that is to expel the
foreigners and achieve the reunification
and independence of their country. They
do not insist that it happen now, or even
in the immediate future. But we can cer-
tainly predict that they will insist on a
fair chance to eventually achieve that
result. And while other terms are in dis-
pute, we can be certain that the North
Vietnamese will weigh every issue ac-
cording to its influence on that central
objective.
Yet, if we can believe what has been
leaked from official sources, Dr. Kissin-
ger is now instructed to insist upon terms
which would have the effect of formaliz-
ing, in international law, the temporary
military demarcation line between North
and South Vietnam which was provided
in the 1954 Geneva Agreement. The lan-
guage he now seeks attempts not only to
rule out an eventual reunification of the
country, but also to lay the groundwork
for an indefinite American involvement
on behalf of the Thieu regime.
Mr. President, this war has been de-
bated so long that many Americans have
forgotten that the original 1954 agree-
ment setting forth the demarcation line
at the 17th parallel was never intended
to create two separate countries. North
and South Vietnam. Quite to the con-
trary, the language of the 1954 Geneva
agreement spelled out a warning that the
line was not intended to create an in-
ternational boundary but was merely a
military armistice beyond which the
forces on the two sides would withdraw
until an election could be held.
Some years ago the senior Senator
from Idaho 'Mr. Church ^ made one of
the most thoughtful speeches this body
has ever heard on the subject of Viet-
nam. He examined the war in the context
of our broad foreign policy goals, and
he drew the critically important distinc-
tion between American "preferences"
and American "interests" in the world.
He made the point that while we may
have a "preference" with respect to the
outcome of the Vietnamese civil war.
there are no compelling conditions which
make the future of Vietnam an over-
riding foreign policy or secui'ity "intev-
est" of the United States.
Today the issue has been even further
refined. The perception which caused
our policymakers to view the prospect of
a single Vietnam with such horror a dec-
ade ago — the im!ge of a unified world-
wide, impel ialistic Communist bloc — has
long since given way to a more realistic
view. And we ate dowTi to a more precise
definition of the issue — whether or not
the terms of a peace agreement will
formalize the separation of the two zon^s
of Vietnam.
Surely, we should be able to see that
such a question i.s not a security interest
of the United States, requiring still more
pain and bloodshed and imprisonment
pnd cost than we have already suffered.
I challenge any Member of Congress to
go out and explain to his constituents
that the war goes on not to protect our
troops, not to free our prisoners, not to
preserve freedom in Sout^h Vietnam, not
to prevent a bloodbath, but to solidify an
artificial division between North and
South Vietnam — a division which was
supposed to be eliminated 16 years ago,
under an agreement we pledged to up-
hold. That is one way to fully plumb the
depths of public indignation and disgust
in this country.
The truth is that the negotiations have
foundered on an issue which is at most a
remote and peripheral preference of the
United States, but the central concern
and interest of the adversary. And under
those conditions the war could go on
forever.
But the Nixon administration has
failed to recognize something else, and
that is that we must make the choice be-
tween influencing the political future of
Vietnam or ending our involvement in
this war. We cannot have it both ways.
We cannot determine the political fu-
ture of South Vietnam and at the same
time end our involvement in this military
tragedy.
Bombing will not resolve that question.
In fact the futility of this murderous
bombing makes it all the more contempt-
ible. If it would accomplish even some
military or political purpose, one might
at least argue that that is a reason for
it. But it does not do that.
America's military and foreign policy
experts began debating the potential ef-
fects of bombing North Vietnam in ear-
nest as long ago as 1963. some 10 years
ago. It was claimed that bombing could
stop the flow of men and supplies into the
South. It was claimed that bombing
would undermine the morale of the North
Vietnamese people. It was claimed that
bombing would break the determination
of the North Vietnamese to support the
fighting in the South. And the bombing
advocates claimed that if some bombing
was good strategy, then more bombing
was even better — that heavy bombard-
ment would bring North Vietnam to its
knees in a few week's time.
Every one of those claims was as wrong
as some of us had predicted years ago.
The infiltration did not decline ; it vastly
increased in the face of heavy bombard-
ment. The North Vietnamese did not
shrink in fear from the bombs. They suf-
fered pain and tragedy, and that pain
and tragedy Is going to haunt this coun-
try and the conscience of the people of
this country not only for our generation
but also for generations to come. Some-
day we are going to go through the tragic
experience that the German people have
been going through for the last three
decades of trying to understand how it
was that such a horrible tragedy was
perpetrated in their names.
But the North Vietnamese did not
shrink in fear from the bombs. If any-
thing, they became stronger and more
unified as the bombs fell — just as the
British did under the bombardment from
Germany in World War II, just as our
own strategic bombing surveys told us
the Germans did during our own bomb-
ing in that war.
Yet. Mr. Nixon still serves up the same
decaying and discredited strategy that
has failed since 1965.
Mr. President, this is not a partisan
issue. I was making these statements
when a President who was a member of
my party occupied the White House years
ago.
President Nixon bombs not because he
has the slightest reason to believe it will
work militarily, but because he cannot
think of anything else to do in pursuit of
the terms he wants, and he refuses to end
the war on terms we can get. It is even
suggested that he bombs with such dev-
astating force because he wants to con-
vince the North Vietnamese that there
is no telling what he mi.eht do if pro-
voked; to convince them that he has no
reservations at all. What a strange twist
it is to actually seek such a public Im-
pression— to convince the North Viet-
namese, and the rest of the world in the
process, that the President of the United
States is danserous and reckless and de-
void of human concerns. Who can dis-
pute the conclusion of the Senator from
Ohio (Mr. Saxbei that Mr. Nixon seems
to have "taken leave of his senses"?
At the end of it all, the result is the
^,same. We can bomb and kill and die and
our in arms and money, but the histori-
cal forces at work there are more durable
ancV lasting than any explosion of fire
andX^teel unless we want to obliterate
Vietnam and everyone in It. If we truly
seek to end this tragic chapter in our
national history, we must understand
that once we leave — no matter whether
It is next year or 5 years or 10 years from
now — the Vietnamese people will inevi-
tably work out their political future on
their own.
Now it clearly falls to the Congress
to choose the responsible course — to
concentrate on goals we can achieve, in-
stead of striking out in mad frustration
over goals we cannot and should not
achieve.
Indeed, we must do that not only to
end the war but to salvage our constitu-
tional system.
Many of us have been concerned about
the constitutional questions posed by the
war. We have talked for years about
steps to restore the war powers which the
Founding Fathers so clearly intended
should reside in the Congress. And we
have questioned the constitutional ra-
tionale for earlier escalations.
But this time the administration has
not even bothered to come up with a
constitutional theory upon which the
■►Q9
CONGRESSIONAL RECORD — SENATE
January 4, 1973
3-52 attacks on North Vietnam might be
;ust<Lined.
Once it was argued that I Gulf of
Tonkin Resoh-tion was equivalent to a
leclaration of war, giving the President
ill the power he needed to follow what-
;ver military strategy he chose in South-
;ast;Asia.
B^t the Gulf of Tonkin Resolution has
3een repealed. r
Ofice it was dfrgued that the Com-
naf der in Chief ftas the inherent power
0 rirotect our forces.
But that the.sis has been stretched
Deyond all recognition. It makes a farce
3f congressional war powers if the Com-
mander in Chief can — without a congres-
sional declaration of any kind — send
(American forces wherever he likes, and
:hen wage war again.st any country on
th^ theory that he is doing no more than
protecting the troops.
Vet even that argument is irrelevant
low. The attacks were not on supply
routes. And if mihtar>- facilities were *he.
targets, there was no need to send B-52's
thimdering over North Vietnam. Any
fi^petent military commander knows
' th A smaller, more maneuverable aircraft ^'; '""'"""'ihtV
wq^ld do the job better and at far less accomplish that
co^i. Further, there is no grounds at all
for: the preten.se that the targets which
were struck posed an immediate and
deadly threat to American forces remain-
ing in South Vietnam. Certainly they are
not threatened by North Vietnamese
hospitals, by civilian airports, or by the
Indian Embassy. And certainly the ad-
ministration could not claim that they
ar6 protecting our forces by bombing so
repklessly that they damage the very
camps in which our own prisoners of war
ace held.
"The administration has at least not in-
si^lted the intelligence of the Congress
by posing the phony claim that these
raids were conducted under the Com-
miander in Chief's power to protect Amer-
ician forces.
But instead of that insult the Presi-
dent has delivered another. He supplies
no explanation at all. He assumes con-
gressional timidity — that this body,
elected with clearly defined constitu-
tipnal responsibilities to advance its own
jijdgments and the public will, will feebly
accept any Presidential action in that
war. He assumes that we will weakly sur-
render any remaining traces of power
over war and peace, and that no expla-
nation is required.
Never has the Congress been so rudely
ignored. And if we do not act now. when
the President claims the authority to
conduct bombing raids of this kind with-
<iut the slighte.^t shred of authority from
the Congress, then we may as well for-
imposed impotence and watch f ar that
is despised by the Americati people,
fought with reckless strategies that we
know cannot work, in pursuit ^of goals
that wHl never be achieved, and all in
clear defiance of the Constitution of the
United States?
I suggest that we must never again
place our faith, and the hopes of the
American people, in empty assurances
that "peace is at hand." I did not believe
these claims when they were advanced
in the closing days of the recent presi-
dential campaign. I do not believe now
the hollow claim of the administration
that they are men of peace and will
end the war if only the Congress is silent
and inert.
I suggest that we have seen enough in
the last several weeks to know that the
President's hands must be tied if we are
to forestall even greater recklessness and
desperation from the White House in the
future.
I suggest that we must move now to
terminate funds for this senseless war,
and to bring our troops and prisoners
home without delay.
I introduce the following legislation to
purpose. The text of the
bill follows together with the texts of
three major addresses on the Vietnam
war which I delivered on nationwide tele-
vision networks during the recent presi-
dential campaign.
Mr. President, I ask unanimous con-
sent to have printed in the Record the
text of three television addresses I de-
livered to the Nation on this subject in
the period of September, October, and
early November.
The PRESIDING OFFICER. Without
objection, it is so ordered.
iSee exhibit No. 2.) <
Exhibit 1
S. 212
A bin to provide for the termination of all
United States military Involvement In
Indochina
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That this Act
may be cited as the "Vietnam Withdrawal
Act of 1973."
Sec. 2. (a) No funds authorized or appro-
priated under this or any other law may be
expended after the date of enactment of this
Act to finance military or paramilitary opera-
tions by the Armed Forces of the United
States or any other country in or over Viet-
nam. Laos, or Cambodia.
(b) No funds authorized or appropriated
under this or any other law may be expended
after sixty days after the date of enactment
of this Act to support the deployment of
United States Armed Forces in Vietnam,
Laos, or Cambodia.
(c) Nothing in this Act shall be construed
to affect the authority of the President to;
( 1) Provide for the protection of American
I
mally abandon all the constitut-|«nal Armed Forces from immediate attack during
safeguards against unbridled executive
rule. We might as well fill our waste-
baskets with all the studies and hefirings
and resolutions prescribing the steps
which should be followed if this Nation
i?oes to war again. For what President
will ever see tho.se safeguards as an im-
pediment, if he looks back and sees this
Congress treating the Constitution itself
as no more than the empty writings of an
^arlier generation. What President will
ever feel restraint if we stand in our self-
the period of their withdrawal, or
(2 1 Provide economic assistance to Viet-
ram. Laos, or Cambodia in amount auth-^r-
L'.ed and appropriated bv the Congress.
Sec. 3. T*^is Act shall have no force or effect
if North Vietnam and of er adversary forces
in Indochina holding American prisoners of
war or Americans designated as missing in
action but held as prisoners of war have
not arranged for the release and repatriation
of all such prisoners and missing in action
by a date 60 days after the date of enactment
of this Act.
ExHiarr 2
Text of Senator George McGovern, Octo-
ber 10, 1972
Tonight, I ask you to think carefully about
an Issue that has troubled me more than any
other for the last nme years — the War In
Vietnam.
On September 23, 1963, I warned that our
deepening involvement in the affairs of the
Vietnamese people was "'a policy of moral
debacle and political defeat."
Under three separate presidents — two of
them Democrats and one of them a Republi-
can— I have opposed this War. During these
same long years, Mr. Nixon has supported the
War. This. I think, is the sharpest and most
important difference between Mr. Nixon and
me in the 1972 presidential campaign.
Mr. Nixon has described the Vietnam War
as our finest hour. I regard it as the saddest
chapter in our national history. Our problem
with this terrible war does not stem from
the lack of bravery or skill on the part of
our fighting men. Indeed, no better Amer-
ican army has ever been sent abroad. Our
problem is that we have asked our armed
forces to do the impossible — to save a po-
litical regime in Saigon that doesn't even
have the respec: of its own people. I've been
to Vietnam more than once talking to our
GI's. They've told me in countless conver-
sations of the frustrating and impossible
nature of this assignment.
Before the 1968 election, '.he Republican
candidate, Mr. Nixon, told you that he had a
secret plan to end the War. He refused to
discuss the details, but he asked your sup-
port in the election, and he offered peace in
return.
That promise has been broken, and the
destruction in Southeast Asia has increased.
The War goes on for our sons who are still
ordered into battle. It's true that men have
been withdrawn from Vietnam, but half a
million American fighting men ranged in the
Pacific, Thailand and Guam are still carrying
this war to Vietnam.
Tonight, as I speak to you, some of these
men may die. Forty percent of all the Amer-
icans lost In Vietnam have died in the last
four years; died under the present Admin-
istration. Since January of 1969, 20,000 young
Americans have come home— not in glory, to
the cheers of a grateful country— but in
death, to the bitter tears of their families.
The secret plan, the secret plan for pe^e
will forever remain a secret to them.
The War goes on also for our prisoners in
North Vietnam. Toniglit, on the other side of
the world, they sit and think of us— of their
homes, their families, of children who are
growing up without fathers, of a country
they may never see again. And in the '^ast
four years. 550 more Americans have been
taken captive or listed as missing in action.
More than 100 of them in the last six
months. And if anyone says that the promise
to end the War has been kept, let him tell
that to the families of the brave men who
waste away in the cells of Hanoi. Now, Mr.
Nixon says we must bomb and fight to free
our prisoners. But just the reverse is true.
We must end the bombing — end the fight-
ing— If we're ever to see these prisoners
again. Prisoners of v.ar come heme when the
war ends — not while the war continues.
The v,ar also goes on for the millions of
Americans like you who bear its cost. Every
single week this war cla.ms $250 million of
your taxes. Every week it inflates the cast of
everythl.ig you buy. Each week it costs $250
million that we need to employ men to re-
build our cities, to fit;ht crime and drugs, to
strengthen our schools, and to assist our sick
and elderly.
Since he came to the presidency, Mr. Nixon
has spent $60 billion of your money on this
war. $60 billion of your jaxes to kill human
beings in Asia instead oflprotecting and im-
proving human life in America. $60 billion in
the last four years — not for a cause, but for
January ^, 1073
a mistake — not to serve our ideals, but to
save the face of our policymakers.
And the War goes on also for the peopl? of
Indochina. Indeed, they are literally being
crushed under the weight of the heaviest
aerial bombardment the world has ever
known. The bombing of Indochina has
doubled under the present Administration,
and while General Thieu is secure in his
palace. 6 million of his fellow Vietnamese are
victims— people dead, maimed or driven
from their homes. Most of these people are
not enemies but Innocents. Our bombs bring
them not freedom, but terror. Bombing does
not save their land. It destroys it.
The reality of this war is seen in the news
photo of the little South Vietnamese g.rl.
Kim, fleeing in terror from her bombed-out
school. She has torn off her flaming clot lies
and sha is running naked into the lens of
that camera. That picture oug'it to break
the heart of every American. How can we
rest with the grim knowledge that the burn-
ing napalm that splashed over little Kim and
countl3S3 thou.=;ands of other children was
dropped in the name of America?
Now. there are those who say that you will
accept this because the toll of suffering now
includes more Asians and fewer Americans.
But, surely, conscience says to each of us
that a wrong war is not made right because
the color of the bodies has changed. We are
all created in the image of God.
As a bomber pilot in World War II, like
millions of you. I did what had to be done.
Our nation took up arms and laid down lives
because tyranny threatened all that we held
precious. I loved America because enough to
offer my life in war thirty years ago. And for
nine years I have loved this country enough
to risk my political life to call us home from
a war in Asia that does not serve the inter-
ests and the ideals of the American nation.
What, after all, is our purpose in South-
east Asia?
Now, we used to say that we fought In
Vietnam to stop Communist China or to stop
Communist Russia. But these nations are
now quarreling among themselves, and Mr.
Nixon's public opinion ratings have gone up
after he w^s wined and dined in the com-
munist capitals of Peking and Moscow. How
can we really argue that it is good to accom-
modate ourselves to a billion Russian and
Chinese Communists — but that we must
somehow fight to the bitter end against a
tiny band of peasant guerrillas in the jungles
of ilttle Vietnam?
Incredible as it seems, when all is said
and done, our purpose In Vietnam now comes
down to this— Our policy-makers want to
save face and they want to save the Saigon
regime of General Thleu. Now, that Is a
fundamental difference between President
Nixon and me on the issue in Vietnam. It is a
choice, after all, between saving face or sav-
ing lives. It Is a choice between four more
years of war. or four years of peace.
The Nixon position is that the Thleu re-
gime represents self-determination for the
people of South Vietnam. Let me tell you
what I think his regime represents.
I think our support for General Thleu ac-
tually denies the people of South Vietnam
the right to choose their own government.
The Saigon lawyer, a former President of
Rotary International, who had the courage
to run against General Thleu four years ago.
was sent to jail for five years. Last year. Gen-
eral Thleu Issued a decree to force all the
other candidates out of the race. This year,
he abolished all the local elections, so he
could extend his dictatorship to every village
In South Vietnam. General Thleu has closed
newspapers, sjtanply for printing the truth.
He h.'is presided over the execution of 40,000
people without trial on the mere suspicion
that they did not support his policies.
The Thieu regime stands for the theft of
billions of dollars of our aid. stolen by power-
ful officials tD enrich themselves while their
countrymen are in the grip of starvation and
I
CONGRESSIONAL RECORD — SEN ATE
293
disease. And every GI who has served In Viet-
nam knows that that's the truth.
Corrupt Vietnamese officials have enriched
themselves putting heroin into the veins of a
hundred thousand of our GI's. The same
poisonous heroin from Southeast Asia is now
being shipped Into our cities, our suburbs,
our streets and even into the schools of
America. And every Vietnam GI knows that
is true.
This corrupt dictatorship that our precious
young men and our tax dollars are support-
ing cannot be talked clean by official lies.
And It can't be washed clean by American
blood. Instead, our own most precious values
are corrupted by the very government we
fight to defend.
Now, Mr. Nixon would continv? the war to
preserve General Thieu's power. On that, he
and I disagree. I say— General Thieu is not
worth one more American dollar, one more
American prisoner, one more drop of Ameri-
can blood. Mr. Nixon and I also disagree on
how to find per.ce — and this is the second
fundamental difference between us.
He has chosen what he calls "decisive mili-
tary action" to end the fighting. Despite all
the highly publicized "secret" meetings with
the other side, he has persisted in the belief
that we can find peace only In a wider war.
But the escalations of 1965 and 1967 were also
"decisive military actions" and they did not
end the war. They only Increased the killing
and increased the costs.
Mr. Nixon's invasion of Cambodia, made
without the approval of Congress as required
by our Constitution, that was a "decisive
military action," but It did not end the war.
It only brought the "tf&r to more people who
had been living in peace and it brought
communist rule to two-thirds of that pre-
viously neutral country. The mining of North
Vietnamese harbors was a decisive military
action, but it did not end the war. The sup-
plies still fiow into the South, and our adver-
sary Is reported by our own observers to be
as strong as ever.
For nearly thirty years, the people of Viet-
nam have been at war. For nearly thirty
years, the Japanese, the French, the Ameri-
cans have tried "decisive military action" to
win a satisfactory peace. And for thirty years,
each, in turn, has failed.
Now, the answer to failure is not more of
the same. And yet I fear continued war is
what th? Nixcn Administration has in store
if they stay m power.
Secretary of Defense Laird recently ad-
mitted to a Congressional Committee that
the fighting could continue far into the
future tinder present policy.
Four years ago last night, on October 3,
1968, Mr. Nixon, as a candidate for President,
s^id to a crowd in California, and I quote:
"Those who have had a chance for four years
and could not produce peace should not be
given another chance." Now, Mr. Nixon has
had his chance. He could not produce peace
In four years. And we have every indication
that he cannot produce peace In eight years.
So, I ask the American people — Shall we
break free at last from G?neral Tiiieu? Shall
we forget about saving face and begin saving
the soul cf our nation? Shall we demonstrate
that we are determined to stop the killing
and to stand for peace? My answer is — Yes.
Let me now set forth the specific steps
that I would take as President to carry out
that determination.
Immediately after taking m.;: oath as
President, If the war has not ended by then,
I would issue a National Security Directive
to the Secretary of Defense, to the Joint
Chiefs of Staff, and to our eommands in the
field, v/ith the following orders;
Immediately stop all bombing and acts of
force In all parts of Indochina;
Immediately terminate any shipments of
military supplies that continue the war;
Immediately begin the orderly withdrawal
of all American forces from Vietnam, from
Laos and Cambodia, akSng with all salvage-
able American military equipment. And we
will assign whatever transportation is re-
quired to complete that process and to com-
plete it within 90 days — a time period that
I've been told by competent mUitary author-
ity is well within our capability.
Secondly, I would Issue the following In-
structions to our negotiators in Paris:
Notify the representatives of the other
side that we have taken these steps to end
the hostilities, and that we now expect that
they will accept their obligation under their
owri Seven Point Proposal of 1971 — to return
all prisoners of war and to account for all
missing in action. We will expect that proc-
ess to be completed within 90 days to coin-
cide with our complete withdrawal from the
war.
We would further notify all parties that
the United States will no longer interfere
in the internal politics of Vietnam, and that
we will allow the Vietnamese people to work
out their own settlement. The United States
is prepared to cooperate to see that any set-
tlement, including a coalition government,
gains International recognition.
Thirdly, I would send the Vice President
to Hanoi to speed the arrangements for the
return of our prisoners ar.d an accovintlng
of the missing. I would also Instruct our
diplomats to contact the opposing parties in
Laos and Cambodia in order to secure release
of prisoners held In those countries, and an
accounting of missing l;i action. Including
American civilian newsmen now missing In
Cambodia. There are six known prisoners In
Laos, and nearly 300 missing. No effort has
been made to secure their release.
Fourth, after all of our prisoners have been
returned, and we have received a satlsf.ictory
accounting for any missing men. I would
order the Secretary of Defense and the Joint
Chiefs to close our bases In Thailand, to
bring home any troops and equipment still
there, and to reassign elsewhere any ships
still stationed In the waters adjoining Ij-.do-
chlna.
Fifth, as the political solution In Vietnam
is worked out by the Vietnamese themselves,
we should join with other countries in re-
pairing the wrreckage left by this war.
Sixth, I would ask the Congress to take
immediate action on an expanded program
for our veterans. I think it's simply a dis-
grace that our government is able to find
these young men to send them off to war, but
somehow, we look the other way when they
come back in need of an education or decent
medical treatment, or a decent job.
Now, like many other veterans of World
War II, I received a four year education
under a generous GI Bill of Rights. I think
Vietnam veterans need that help more than
those of us who fought a generation ago be-
cause we came back with the welcome of a
nation that knew we had fought and won
a necessary war. The Vietnam veterans come
back to a country that largely believes this
war was a mistake. So, we ought to literally
put the arms of this nation around these
young men and guarantee them either a
good job or a fully 'funded higher educa-
tion. Months ago, I sponsored m the Senate
a Vietnam Veterans BUI of Rights that would
do precisely that.
Finally, when the war has ended, when
our troopys and prisoners are home, and when
we have provided for the veterans of Viet-
nam, we must then consider the young men
who chose jail or exile Isecause they could
not In conscience fight In this war. So, fjjl*-
lowing the example of earlier presidents, I
would give these young men the opportunity
to come home. Personally, If I were in their
position, I would volunteer for two years of
public service on subsistence pay simply
to demonstrate that my objection was not to
serving the nation, but to participating in
a war I thought was morally wrong.
We are not a vindictive or mean-spirited
people. And we must act as Lincoln told
ns — "with malice toward none and charity
for all." We must bind up the wounds of
2)4
th
p-i
CONGRESSIONAL RECORD — SENATE
JanvxLvy ^,
1973
is nation, and we must bring all of our
n3 back. In that same spirit, we must
ipcse ai'.y so-called war crimes trials to fix
le blame for the past on any citizen or any
cup of citizens. Vietnam has been a terrible
;perlence for all of us. on every side of this
^ue. And this is not the time for recrlmlna-
3n. It is the time for reconciliation.
So. this is what I would do to bring
A^nerica home from a hated war. and It Is a
ogram that will work. The people of France
oace trapped in Vietnam, even as we
But in 1954. they chose a new president,
Mendes-Prance, whose highest com-
itment was to achieve peace In Indochina.
s program was very similar to mine. And
•hin just Ave weeks, the war was over,
itriln three months, every last French
isc|ner had been returned.
Now, I ask you to remember that I speak
ycji! ao one who has publicly opposed this
lor nine years. I ask you to remember
my opponent has supported American
ilUary intervention in Vietnam ever since
>54J I ask you to recognize that every detail
■ mv position Is fully out In the open. It Is
pufcuc plan — not a secret plan.
Often during this last tortured decade, I've
fleeted on a question from the Scriptures:
\'h«ch of us. if his son asked him for bread,
ik give him a stone?" Our sons have
ked for Jobs — and we've sent them to an
.a:l jungle. Our sons have asked for an
neat ion — and we've taught them how to
Our sons have asked for a full measure
time — and 50,000 of them have been lost
bfcfore their time.
S.''. let ii.s seize the chance to lift from our-
Ives the terror of this war. and bestow the
es.stngs of peace. And then we can restore
olir sense of purpose and our character as a
tjfeat nation.
This is not jvist a question of material
._tti — although the billions which would
heA'lse be lost in Southeast Asia could
en 03e used to secure a better life for our
.•;i people. But more Important for Amer-
fere will be a special healing ;n the
of peace. It will be a healing of our
ibts and a rekindling of our faith in this
•tat|juid good land, and In our own capacity
n:a(ra^lt so.
On tligkJiight when the last American sol-
r fronyl'ietnam has landed In San Fran-
co, there '\\\\ be a new birth of confidence
i hope for all of us. On that night, we will
low, that, once free of the waste of this war,
can begin the rebuilding of our own
lind,;— a task that can provide a fulfilling Job
every man and woman In America, who
able to work. On that night, America can
t'lii to be America again. It can be the
metfca that we learned to love in the days
ott* youth — a country that once stands as
wlr less to the world for what is noble and
Lst 111 human a.*Talrs.
This Is the choice of a century. But It Is
j^o the same choice that human bemgs have
ced from the very beginning. So. let us heed
the .indent v.ords: "I have set before you life
uid death, blessing and cursing. Therefore,
c iidose life, that thou and thy seed may live."
T.iank you. God bless you.
"Jr-^ns^CRipt of Television .•\ddress op Senator
GiORGE McGOVERN. NOVEMBER 3, 1972
I w'fnt to talk with you tonight about two
dient:; that occurred last night. The first was
I resident Nixon's paid political broadcast,
I I which he discussed the Vietnam negotla-
t Ions. He admitted that he has rejected the
sBttlement his own negotiator accepted near-
1 ,' a month ago. He did not say when there
\ rould be an agreement. And he withdrew the
1 itest promise of peace.
So this past week has become another week
\t'hen^the war was not ended. We were told
th.it Je.^ce was at hand. But then the hand
that fould ha\e signed that peace pushed It
4side.-
The second event last night occurred In
^ichigan. I w.is on television answering ques-
lions from people who called on the phone.
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After the program, we received a call from
Mr. Charles Stewart of Gladstone, Michigan.
His son, an Army enlisted man, was killed
in Vietnam two days ago. He died on the day
the peace was supposed to be signed. He was
ninteen. He died on the day Mr. Nixon de-
cided to continue fighting the war. while
fighting over what he calls the "details" of
peace.
Charles Stewart, Jr., died for those "de-
tails." And he was not alone. This week
twenty-two other Americans died for the
same "details."
For the sake of those "details." the bombs
stlU fall, the guns still fire, and the terrible
pain goes on.
Even as I speak to you, human lives are
being lost in a war that Is wTong. More par-
ents learn each week the terrible sorrow of
burying their own sons.
But now we have learned something else.
Charles Stewart, Jr., and all the others are
not really dying for details but for a decep-
tion.
The President may say peace, p^ace — but
there Is no peace and there never' was.
For it Is not the details, but the central
Issues, that are still In dispute.
I know that many Americans were struck
by the coincidence that after four years of
fighting and dying, the Administration an-
nounced Just 12 days before the election
that peace was in reach. We wondered why
a settlement that was unsatisfactory until
now was embraced at the end of this cam-
paign.
But like you, I wanted deeply to believe
what we were told. If you know my record
of opposition to this war for more than nine
years, through both Democratic and Repub-
lican Administrations, then you also know
that I would rather have peace than a cam-
paign Issue.
So I welcomed Dr. Kissinger's announce-
ment last Thursday. I welcomed the news
than an agreement was Just a few minor
matters away.
But now this hope is betrayed. We see now
that when the President's most Important
adviser announced that peace had come, it
was actually a deception designed to raise
our hopes, before we went to vote on Tues-
day.
This is blunt language and a strong ac-
cusation. I am sorry to say it, but I believe
it to be true.
I ask you to judge for yourselves. I Isk you
to hear Mr. Nixon's own words, to heed his
record and then to decide If he has been fair
and open with the people.
In 1968 the American people voted to end
the war. Mr. Ni.xon was elected on a promise
of pence. And since then, every measure of
ptibllt oplnioa has carried a rising cry for
peace.
In 1969, the central Issue was whether to
seek a military victory for General Thleu
or peace for the American people.
The basis for successful negotiations was
already there.
The other side wanted elections, conducted
not by General Thleu, but by an Independ-
ent coalition group.
General Thleu wanted continued war, to
preserve his power unchallenged. He said he
would never accept a deadline, that he would
never allow a coalition, and that he would
never permit peace until he had won.
Mr. Ni.xon chose General Thleu. And he
began his term with the same discredited
policy that had failed before — that had failed
for the French and failed for us. He thought
peace could be won through more war:
through Invasions and incursions; through
bombs and bullets and blood.
With Senator Hatfield and other members
of the Congress. Republicans and Demo-
crats alike. I sponsored legislation to bring
the peace that was promised. We proposed
a deadline to end the bombing and to bring
our troops and prisoners home, to leave Viet-
nam, and to leave It to the Vietnamese to
work out their own peace.
This proposal had the support of three-
quarters of the American people. But when
It appeared that it might pass, Mr. Nixon
disclosed that he was engaged In secret dis-
cussions with the North Vlenamese. He told
us he was searching for peace in the confer-
ence room, and that the Congress should not
Interfere.
That disclosure did not hasten an agree-
ment in Paris. All It did was to stifle the
demand for peace here at home. And that
Is why It was made.
Mr. Nixon's policy did not change. He In-
vaded Cambodia to capture a central Viet
Cong command center that did not exist. He
sent armies Into Laos that were hurled back
In defeat and despair. He bombed more
relentlessly than ever. He mined North Viet-
namese harbors, seeking an Impossible vic-
tory through reckless acts of war.
But to placate the American people, he
pretended he was making peace. As the
bombs kept falling. Dr. Kissinger kept trav-
eling. The secret meetings suddenly became
highly publicized meetings, to make sure you
kneA' they were taking place as the election
approached.
We have challenged that charade in this
campaign. We have reminded candidate
Nixon of his own words in 1968 — that "those
who have had a chance for four years, and
could not produce peace, should not be given
another chance." And I have set before the
American people not a secret plan, but an
open plan to end the war.
Mr. Nixon app£:rently feared that chal-
lenge. So on October 8th Dr. Kissinger agreed
In a closed meeting to accept the settlement
the other side wanted — on almost the same
terms they offered four years ago.
North Vietnamese forces would stay in the
South.
Elections would be arranged by a coali-
tion— by Communists, by neutralists, and by
representatives of the Saigon regime— to as-
sure that General Thleu could not dictate
the results.
American bombing would stop, American
forces would leave and American prisoners
would be freed — all within a period of sixty
days.
Mr. Nixon's representative agreed to all of
this on October 8th. And he agreed, too, on
when the settlement would be signed — Octo-
ber 31st, one week before the election.
That was no arbitrary deadline, as Mr.
Nixon pretended last night.
It was an agreed-upon deadline, set by
both sides together. And now it has passed.
And there has been no 'major break-
through for peace," as Mr. Nixon also pre-
tended last night.
Instead, there has been a fatal breakdown
on the central Issues. And now this chance
for an agreement is gone.
Dr. Kissinger took the agreement to Gen-
eral Thleu. And General Thleu said "no."
Dr. Kissinger took the agreement to Presi-
dent Nixon. And President Nixon said, "no."
What Dr. Kissinger accepted and what
Mr. Nixon and General Thleu rejectecMwas a
Nixon and General Thleu rejected »as a
coalition to set up the elections, and Skner-
ican withdrawals without a mutual with-
drawal by North Vietnam.
Those are the conditions General Thleu
has always rejected. And because they are
not resolved, as Mr. Nixon admits, we have
changed nothing in the last four years.
Now someone must answer for 20.000 more
American dead, for 110,000 more wounded,
for 550 more captured or missing, for $60
billion more wasted in the last 4 years.
And now someone must answer for the
cruel political deception of these past several
weeics.
On October eleventh, when the agreement
was still secret, I addressed the nation on
Vietnam.
I spelled out what I saw as the greatest
January If, 1973
CONGRESSIONAL RECORD — SENATE
295
single roadblock to peace— Mr. Nixon's un-
failing acceptance of General Thleu's orders;
his willingness to place the power of this
corrupt dictator ahead of freedom for our
prisonerj, life for our soldiers, and an end
to the war.
I also outlined my program for peace. It
called for an end to the bombing, an end to
the shelling, and withdrawal In ninety days
time. It accepted the North Vietnamese offer
to free cur prisoners as we withdraw.
Republican politicians ridiculed that pro-
posal. They said It was "unrealistic," and they
called It "surrender."
But that was .".ot true, and they knew it.
Three days before I spoke, Dr. Kissinger
had already embraced the same principles In
private. In" discussions with North Vietnam.
But they called that "peace with honor" —
the same results they called "surrender,'' Just
a few days before.
So what can we conclude today?
After four years of war. Mr. Nixon has
closed the door to peace once again. If he
escapes his risponslbility now, do you think
he will end the war after the election, once
he is free from the will of the American
people?
We know, too, that the war can be ended
In a matter of hours, on the terms I have
already proposed. If General Thieu says we
cannot dictate peace to him, we need a Pres-
ident who will reply, "General Thieu, you are
not going to dictate any mere war for us."
Mr. Nixot! will never say that. I will.
Mr. Nixon will never sign the agreement.
I w:!l.
Mr. Nixon will not end the war. It will be
my very first act.
Now we must draw the painful conclusion
that the events of recent weeks were not a
p.ith to peace, but a detour around election
day. The officials who are sworn to serve you
instead have sought to mislead you for their
own political gain. Their strategy was de-
signed to create the illusion of peace from
Thursday. October 26th — when Dr. Kissinger
made his ani^ouncement — until Tuesday. No-
vember 7th — when you will make your deci-
sion about the next President of the United
State";.
In a campaign marked by falsehood, sabo-
tage, secret funds, special interest deals, and
criminal activity, this is the worst deceit of
all. Tney have played politics with the Jus-
tice Department, the FBI, the Supreme
Court, and even the Constitution. Now they
play politics with our prisoners and our sol-
diers and life itself. It Is they who treat
our men like toy soldiers, to be knocked over
by the hand that should protect them.
What we r.re seeing in this campaign is
the manipulation of our hopes by men whtf
know how to pet power and want to keep
It. but do not know what It Is for. In politics,
there are some things more precious than
victory. One of them is truth.
But these men will say anything to win.
They will say that there is peace even
in the midst of war. They will say that infla-
tion is cut in half when in fact It Is as high
as it was before. They will say that the tide
has been turned against crime when crime
Is at the highest tide In history.
But the truth Is all around us. Ask the
families of our prisoners if the fighting has
ended Ask a housewife If the cost of living
is under control. Ask yourselves If you feel
safe on a city street at night.
And ask yourself if you really believe
the incredible attacks on the Democratic
Party In 1972. They are part of the same
technique of fear and innuendo Mr. Nixon
has used so often before — against Harry
Truman, Congressman Voorhees. and Helen
Oahagan Douglas, and Adlai Stevenson,
against Lyndon Johnson and Hubert Hum-
phrey and against John and Robert Kennedy.
This year, for example, Mr. Nixon tells you
that the program I have proposed would
mean a 50% Increase In federal taxes. That
Is a He — and the President knows it.
He made the same charge at the Republi-
can Convention — and when the press asked
Administration officials to prove It, they
could not even explain It.
I am tired of answering the same old lines.
I am tired of the He that my economic
proposals wUl put half the country on wel-
fare; the truth is that they will reduce wel-
fare by 30% and put the nation back to
work.
I am tired of answering the He that my
tax reform will Increase the taxes of working
people and ordinary citizens, when the truth
Is that It will not take a single penny more
from Americans who live on wages or salaries.
Indeed, it will cut your property taxes at
least by a third.
Mr. Nixon knows what my positions really
are. But he does not want you to know. Why
do you think he is so afraid to come out of
the White House and meet me like a man,
in face-to-face debate? Why is he so anxious
to falsify my view3? Why Is he so unwilling
to make' his charges in front is me, where
no distortion will go unchallenged?
The answer is clear. Mr. Nixon and his
campaigners are trying to trick you Into
voting against yourself. They understand
how you will vote when you learn what I
want to do, and^what they have done.
And what they have done with the war
m Vietnam is the worst of their deeds.
That is why peace remains the overriding
issue. For without peace, there wiU be no
reduction in the cost of living. There will
be no full employment; there will be no
renewal of our purpose as a nation, and
there will be no life at all for so many among
us.
If Mr. Nixon disagrees with the main
thrust of mv remarks here this evening, I
urge we together go before the American
people and clarify our differences on the
issues tomorrow or Sunday, or even Monday
evening.
At this late stage of the campaign. It is
pa.st time he quit hiding behind his so-caUed
surrogates or aides like Mr. Kissinger. Mr.
Nixon Is responsible for his own policies. He
Is the one who should reply on these crucial
issues— not Mr. Kissinger. He is the one who
should defend and clarify the Issues In pub-
lic debate with me— not Mr. Kissinger or
some other aide.
I do not honestly know whether the v^r
weighs as deeply on the minds of the Am«r-
ican people as "it does on mine. I do not
honestly know whether the blunt words I
have said tonight will help me or hurt me
in this election. I do not really care.
For almost a decade, my heart has ached
over the fighting and the dying in Vietnam.
I cannot remember a day when I did not
think of this tragedy. I can remember every
picture of a bombed out school or a na-
palmcd child, and every letter from a family
In South Dakota who lost their son. I re-
member the campaign of 1963. when we heard
of a promise of peace, and I worry that unless
this country votes for peace now, in the next
campaign. In 1976. we will stlU be working
out the "details" of a war that has gone on
four more vears.
I think of the words of Valerie Kuschner.
whose husband has been a prisoner since
1967: "My husband." she said, "has already
had his four more years."
Yet many of you wonder whether there
really is another choice^ Millions are con-
fused and doubtful and suspicious of any
candidate who pledges peace.
What can I tell you?
I can only say that the*e is no way I could
continue a war I have Hated from the be-
ginning.
And this Is the sharpest dlflerence between
Mr. Nixon and me.
He has always supported that war. I have
opposed it.
He has called Vietnam our finest hour. I
have called it the saddest chapter in our
national history.
He will not set a date for peace. As Presi-
dent. I will bring aU of our troops and aU of
our prisoners home within 90 days of my
Inaugxiration.
This Tuesday wlH be a day of reckoning for
America.
It will be the day when we decide between
war and peace.
The Scripture says: "I have set before you
life and death, blessing and cursing; now
choose life so that thou and thy seed may
live."
Thank you and God bless you. I
Statement of Senator George McGovern,
November 5, 1972
Last week, Mr. Nlx^'s personal repl-e-
sentative, Henry Kissinger, told us that peace
was at hand.
Since then, two anguished American
fathers have called me on the telephone —
Preston Thomas of Lafayette, California, and
Charles Stewart, of Gladstone. Michigan.
Both of these men have lost sons In Viet-
nam in the last few days. Both of those
sons — Charles Stewart, Jr.. who was nineteen,
and Timothy Thomas, who was twenty-one,
have been killed since Dr. Kissinger and Mr.
Nixon told us peace was at hand.
Both fathers asked me what they could
do to make the American people understand
the urgency of a new coiirse that will really
end the war In Vietnam.
And then yesterday, one of the newspapers
that has been supporting Mr. Nixon's Indo-
china policy had this to say:
"No one," It said, "stands to win or lose
anything of substance by a few days, or even
a few weeks further delay."
Let Mr. Nixon and his editorial friends tell
Preston Thomas and Charles Stewart that
their sons amounted to nothing of sub-
stance.
But there Is something still more cruel.
For when Dr. Kissinger announced on Oc-
tober 26th that peace was at hand, he was
misleading the American people.
When Mr. Nixon said in Kentticky that
same evening that we had achieved peace
with honor Instead of peace with surrender,
he knew this to be false.
Mr. Nixon knew It was a deli'berate decep-
tion, designed to fool the American people
in the closing hours of this election cam-
paign.
Peace is not at hand. It is not even in
sight.
When they raised that hope, both Mr.
Nixon and Dr. Kissinger knew that no agree-
ment had been reached with either Hanoi or
Saigon.
On October 26th, Dr. Kissinger claimed
that a few minor "details" were all that re-
mained to be settled. He casually mentioned
"problems in translation."
Mr. Nixon repeated on last Thursday that
only a few details remain to be worked out,
but that this will be done after the elec-
tion.
The truth is that the remaining Issues are
the central issues of the war. And Mr. Nixon
knows it.
Those issues are:
The presence of North Vietnamese troops
In South Vietnam; the function and powers
of the coalition In Saigon and whether North
and South Vietnam will be reunited.
The shocking fact is that these Issues are
the very ones we have beer, fighting over for
ten vears.
And tH^tragedy is that in all the talks in
Paris and Saigon no real movement toward
peace has been made at all.
To bring this home to you. let me use the
following niustration. A man puts his auto
up for sale and tells his friends that he has
made a fine deal except for "a few minor
details." When the buyer wants to see the
car. the man Informs him that one of the
minor details is— the car has no engine. An-
other detail is— it has no wheels. And the
third detaU— it has no body.
This comparison Is not ex<>.ggerated be-
:m
CONGRESSIONAL RECORD — SENATE
January 4,
1973
( ause the Issues unresolved in Vietnam are
I s Important to that war as are the engine,
1 he wheels and the body to the car.
One of the fundamental errors in the
islxon approach is that It gives the Saigon
I ;overnment a veto over the peace plan. Un-
ler the Nixon plan, a ceasefire or an ex-
I hange of prisoners or a coalition cannot go
into effect without General Thieu's consent.
But General Thleu has stated every day
! ince October 26th that he will not agree to
luch a plai>. And both Mr. Nixon and Dr
: Cl.^singer know this.
One thing we have learned these last few
;-eeks is that the plan that I have recom-
: nended could be carried out. It does not
require the approval of General Thieu. It
nvolves merely our withdrawal from Viet-
: mm. a cessation of our military activities.
md the return of our prisoners. Mr. Nixon
lEis always refused to advance this plan
)ecause he will not give up his obsession
vlth keeping the dictatorship of Genei^l
Thleu in power in Saigon.
When Dr. Kissinger held his press confer-
■nce oh October 26. he said that one more
neetin.j would be held promptly with Hanoi
;o iror* out the details.
Are ffou wondering why no such meeting
las been held? Are you wondering why not
?ven a date for such a meeting has been set?
It is, clear that Mr. Nixon will not permit
Dr. Kilsinger to meet with Hanoi prior to
s'ovember 7th. because it would become dra-
naUcally apparent at once that no agree-
■nent of any kind exists, and that the parties
ire locked in an irreconcilable conflict. The
jolitidal ploy has been to create the Impres-
ilon of a peace settlement. After November
rth. the American people would learn that
^hey had been duped, but by then it would"
36 too late.
Why would an American President be
;uilty of such a deception?
It is obvious that Mr. Nixon is deeply con-,
remed over the statement he made as a
Dresldential candidate four years ago. and I
^uote: "Those who have had a chance for
four years and could not produce peace do
not deserve another chance "
The plan Mr. Nixon and Dr. Kissinger de-
flsed to announce on October 26th — twelve
iays before the election — was an effort to
aemonstrate that Mr. Nixon has brought
Deace with honor within his four-year term.
However, they underestimated the Intelli-
2:ence of the American people who now see
:hat this was a trick and not the agreement
It was claimed to be
The terms of settlement which the Ad-
Tiinistratlon announced a few days ago. are
no better than those we could have had at
inv time since 1969.
An effort lias been made to persuade the
American people that the war in Vietnam is
i-irtually over. This Is untrue. The fact Is
that the war is now intensifying.
Yesterday. American planes dropped four
million pounds of bombs on Vietnam.
We are rushing more planes to South Viet-
nam and obtaining them wherever we can
from other areas in the Pacific.
T^e Pentagon reports that there have been
some withdrawals of North Vietnames|fc
troops from South Vietnam Is completel"
false. The opposite is true. We now know thaij
more troops and supplies are moving into
South Vietnam, both over the DMZ and from
C.imbodia
This campaign has sunk to a new low In
the number of falsehoods that have been
Tittered by an Administration in power. But
this deception is the worst of all. This Is the
ultimate utilization of the technique that
has become known as "the Big Lie."
It is not only the worst falsehood of the
campaign, but the crudest. The American
people and particularly the families of our
prisoners and soldiers felt a surge of hope at
the time of Dr. Kissinger's announcement.
Since then, they have begun to realize that
they have been the victims of one of the
cruelest frauds ever perpetrated on the
American people.
In four years in office. Mr. Nixon has not
brought peace in Vietnam. And now the final
tragedy is that the announcement of peace
proves to be a fabric of deceit and deception.
Now, In the closing hours of this campaign,
Mr. Nixon is telling us once again as he did
four years ago. that he has a plan to end the
war. If we will Just re-elect him for another
four years.
Many of you wonder whether there really
is another choice. Millions are suspicious ol
any candidate who pledges peace.
What can I tell you?
I can only say that there Is no way I
could continue a war I have hated from the
beginning.
This Tuesday will be a day of reckoning foi
America.
It is too late for Charles Stewart. Jr. It is
too late for Timothy Thomas. They will never
come home.
But it Is not too late for all the others who
will live. If peace is made. It Is not too late
for our prisoners.
So tonight I say what I have said so many
times across this great but deeply troubled
land, the time has come to bring America
home.
Mr. HATFIELD. Mr. President, more
rhetoric from Congress about the con-
tinuing tragedy in Indochina seems futile
and unneces.sary.
Congress muM exercise its power, not
to speak, but to act.
It is hypocritical for Members of Con-
gress to merely express their distress
about the continuing war. As I have
stated before, this is not the President's
war; it is the Congress' war. Our Consti-
tution gives to the Congress the powers
to raise the men to fight, and the money
to pay for war. If Congress believes that
we should take no further part in the
war. then it must stop the funds and
bring the men home. That is what the
Constitution requires of us.
Americans have become painfully
aware of this war's human costs. Hos-
pitals are bombed. Civilians throughout
Indochina suffer and die from our bomb-
ing; it makes little difference to them
whether the bombs have fallen on them
accidentally or on purpose. It is esti-
mated that four B-52 missions, which
each usually consist of three planes, drop
the explosive equivalent of the atomic
bomb used on Hiroshima. Ninety -five
more Americans are missing or in prison
in North Vietnam. People are arrested
and thrown into jail — as many as 100,000
or more — without any trial, by the South
Vietnamese regime that deplores the
injustices of their Communist enemies.
Mr. President, Thomas Jefferson said:
Let no more be heard of confidence In man.
but bind him down from mischief by the
chains of the Constitution.
Once again, I implore my colleagues
to follow this wise advice, to restore con-
stitutional integrity to this Government,
and to end this tragic war.
For this reason, I have joined today
with the Senator from South Dakota
'Mr. McGovERNt in sponsoring a bill to
pro\1de for an immediate cessation of all
military and paramilitary operations in
Indochina, and withdrawal of all forces
from Indochina within 60 days, and
I have joined with the Senator from
Massachusetts (Mr. Brooke) in cospon-
soring a bill to cut off all funds for our
involvement in Indochina within the
same period of time.
It is my most fervent hope that in the
next few days, Congress will adopt such
a measure.
Mr. President, I ask unanimous con-
sent that four of the many hundreds
of letters I have received be inserted in
the Record at this point. The people in
my State of Oregon and throughout the
Nation speak eloquently and for them-
selves on this matter.
There being no objection, the letters
were ordered to be printed in the Record,
as follows:
Salem, Oheg.,
December 27, 1972.
Senator Mark O. Hatfield,
Senate Office Building,
Washington, DC.
Dear Senator Hatfifld: I am writing to
support your stand against the United States
Involvement In southeast Asia, and specifi-
cally the current barbaric bombing we are
Inflicting on far av.ay North Vietnam.
During this holid:iy season I am personally
haunted by two time-worn phrases: "Peace
on Earth . . ." and "When shall all men's
good be cash man's rule . . ."
Peare,
,Shannon L. Oldham.
Portland, Oreo.,
December 27, 1972.
Serator Mauk Hatfifld,
Wa.<s fling ton, DC.
Dear Senator Hatftfld; I'm not a young
militant. I'm 64 years cid. And I protest.
I pretest the bombing in Vietnam. I protest
the reasoning of the military. I protest
Mister Nixon and his rea^onln^.
The earthquake in Nicaragua is a terrible
tragedy, yet It seems small, compared to
what we are dMnK in Vietnam. Every day.
Nixon speaks of "Peace with honor". This
It honor?
Sincerely,
Wayne Bagley.
Senator Mark O. Hatfield,
U.S. Senate Office Building,
Washington, DC.
Dear Senator Hatfield: When I opened
the newspaper this morning. I noted with
Interest that we have wiped out a major
portion of Hanoi. And all this time I thought
the war was, for all intents and purposes,
over.
As a member of the U.S. Air Force. I do
not oppose war on principle. I do not oppose
this war on principle. But the catastrophic
damage which this latest series of attacks
will do, or has already done, to the American
diplomatic position, forces me to tlie inevi-
table conclusion that it was not worth the
candle. We have probably set ourselves back
at least ten years, if we ever. In fact, recover
from the blow. Without getting into an
extended discussion of the specific damage
done to our country ( far greater, as it is,
than that done to North Viet Nam). I must
be convinced that President Nixon has either
lost his mind, or Is the victim of the worst
advice ever given to a national leader.
All this must be quite as obvious to you
as It Is to me. Yet there Is another side to
the problem, which the military man tries to
Ignore — that of basic humanity. I have al-
ways said th.at 11" Hanoi does not want to
have its people killed, then that govern-
ment should get out of South Viet Nam.
But the unbelievable destruction and loss
of life which this series of attacks has caused
has shattered my assumptions. I could not
help thinking this morning that we, as a
nation, had lost our souls during this holi-
day season.
As a diligent toiler in the depths of our
bureaucracy, I have no opportunity to in-
fluence policy, and little enough to even
express my ov/n opinion. I suppose I could
resign my commission: that Is not too remote
a possibility at this point. But the fact 13
.January i, 1973
CONGRESSIONAL RECORD — SENATE
297
that I Hke my Job, and I believe that Intelli-
gence \»ork Is a vital function of any nation
determined to maintain Itself.
Given this dilemma, then, my only re-
course at this time is to appeal to my elected
representatives to speak out. (As a legal
resident of Oregon, I regard you as my
elected representative.) And If speaking out
proves to be not enough, I would certainly
liope that Congress will vote an Immediate
cutoff of funds for the Viet Nam conflict,
and a resolution of condemnation and dls-
association from the bombing campaign.
This resolution should be passed at the
earliest possible time, and be phrased in the
strongest language. If Congress does not con-
demn this Irresponsible executive action, It
will only be left to the rest of the world to
condemn it, and by implication, then, the
entire nation.
Tlie Air Force uniform should not be a
source of continual embarrassment to the
men wtio wear It. It is now, and the situa-
tion is. a shame and a disgrace. No strong
advocate of Congressional Initiative In execu-
tive affairs, still I can see no alternative to
rapid and unequivocal legislative action to
restore dignity to the country, and to the
uniform.
Sincerely Yours,
\i \
Mr. HATFIELD. Mr. President. I ask
unanimous consent that an article ap-
pearing in Newsweek magazine, Decem-
ber 18, 1972, on political repression in
South Vietnam appear in the Record, and
that material prepared by Mr. Don Luce
on this same subject also be printed in the
Record at this point.
There being no objection, the material
was ordered to be printed in the Record,
as follows:
[IFrom Newsweek, Dec. 18, 1972]
Thieu's Political Prisoners
They are "the other POW's" — men and
women who languish in South Vietnam's
Jails because their politics do not please
President Nguyen Van Thleu. Unlike the
9,000 North Vietnamese and 30.000 Viet Cong
troops being held by Saigon, the numbers
and living conditions of the political prison-
ers have long been shrouded in obscurity.
Last week, as the fate of these "detainees"
once again became an important issue at the
peace regotiatlons i>"i Paris, Newswffk's bu-
reau chief Nicholas Proffitt probed into this
dark corner of the Thieu regime and filed
this report:
Nearly 45.000 South Vietnamese have"5een
tried, convicted and sent to prison for politi-
cal crimes. Perhaps as many as 100.000 others
have been arrested and sent without trial to
detention camps scattered throughout the
country — Including the infamous Con Son
Island prison off the coast of South Vietnam.
Their world is a Kafkaesque mixture of
chilling prison brutality and expensively pur-
chased minor comforts. Their fate is one of
the knottiest problems yet to be untangled
by the negotiators In Paris.
Since North Vietnam's Easter offensive,
police actiiig on instructions from President
Thieu have briskly swept up at least 10,000
Communist officials and fellow travelers, non-
Communist opponents of the Thleu regime
and thousands of people whose only crime is
to have a relative in one of these categories.
Any suspect can be detained for as long as
two years without facing formal charges or
getting a real chance to defend himself in
court.
Ordeal : Many of those arrested are tor-
tured during their interrogation. The cata-
logue of their agoi.ies reads like the stuff of
lurid pulp fiction; electric prods jabbed Into
the genitals, pins stuck through hands,
fingeriLiils ripped out and a unique mind-
bending ordeal where the victim sits In an
CXIX 20— Part 1
oil drum filled with water while Interrogators
beat on the sides of the drum with clubs.
Radio Hanoi regularly exploits alleged tor-
ture incidents In propaganda broadcasts, and
many released prisoners undoubtedly exag-
gerate the grimness of their prison experi-
ences. Still, I have talked to young South
Vietnamese with the scars to back up their
own horror stories. One 19-year-old student
who was Interrogated for twelve hours at the
national police headquarters in Saigon told
me she had been stripped by five policemen,
sexually abused and beaten on the arms,
thighs and around the kidneys in an attempt
to force a confession naming her friends as
members of a Communist student group.
"They also placed lighted cigarettes on my
breasts," she said. When I seemed skeptlcEil,
she calmly lifted her blouse and revealed her
scarred breasts
Such abuse usually takes place at police
headquarters. It Is not so common, however,
once a person has been through the courts
and imprisoned. For example, there are re-
ports of Improvements at Con Son prison,
which gained International notoriety two
years ago as the home of the barbaric tiger
cages — concrete boxes in which prisoners were
doused with lime whenever they raised a pro-
test. At Con Son today, many prisoners are
allowed to make rattan furniture and carve
souvenirs for sale to the occasional visitor
and to supplement their meager food allow-
ance by fishing.
At Chi Hoa prison, where the prisoners are
divided Into three categories — Communists,
non-Communists and common criminals —
only real trouble-makers are punished by
solitary confinement or beaten up. Indeed, In
Chi Hoa, everything from knives to narcotics
can be purchased from the eminently briba-
ble guards. Many of the non-Communist pris-
oners are wealthy Intellectuals who have
common criminal prisoners as servants. They
are also provided with private rooms, beds,
television sets, radios and current newspa-
pers. Three of Chi Hoa's most prominent In-
mates— lawyer Truong Dlnh Dzu, the peace
candidate who opposed Thieu in the 1967
election; Tran Ngoc Chau, former Secretary
General of the Lower House of Parliament
who was jailed for associating with his Viet
Cong brother, and peace activist Madame
Ngo Ba Thanh — have set up this kind of
housekeeping. A few Ingenious Inmates even
manage to make frequent trips home. The
standard stratagem Is to check out of the
prison for a hospital visit, bribe the guard
to look the other way for a couple of hours,
and slip off for a homey dinner or a
rendezvovis with wife or mistress.
Few enjoy the same run of the prison
accorded wealthy and Influential antl-Thleu
prisoners. The less fortunate sleep on mats
thrown on the concrete fioors of cells 65
feet long, 100 prisoners to a cell. They are fed
a meager portion of porridge for breakfast
and get rice with a few vegetables and slivers
of very old, very smelly fish at the other
meals.
They would suffer severe malnutrition If It
weren't for the supplementary food brought
in by relatives at the weekly visiting hours.
The buyable good life doesn't apply to those
prisoners convicted as Communists. Except
for a carefully super^flsed hour or two each
day In the yard, and one visit each week, they
are kept In their cells. "But do not feel sorry
for them." says one former Inmate. "They
wouldn't have it any other way. They take
great pride in how well they survive the hard
life. They sing songs andctaunt the non-Com-
munists. Only two of every ten prisoners In
the Communist cell bloc were real Com-
munists when they came to Chi Hoa. But you
can be sure that ten out of ten will leave as
Communists."
It Is certain that many people now In Jail
are in line for Communist or neutralist posts
In any postwar government. But President
Thleu, understandably. Is reluctant to free
thousands of hostile opponents. Hanoi still
Insists that Thleu bite this particular bullet,
and the Communists have hinted that Ameri-
can POW's may find themselves In North
Vietnam Jails until he does. The way in which
the Issue is resolved will go a long way toward
determining the course of events In South
Vietnam.
Political Repression in SorrH Vietnam
(By Don Luce)
The exact number of political prisoners In
the Saigon go--ernment's jails is not know.
It appears, however, to be well over 200.000.
On July 8, 1972, the Far Eastern Economic
Revieuj reported that "reliable Opposition
sources estimate that 50,000 people have been
arrested throughout the country In the past
two months." Time magazine, on July 10. re-
ported that "arrests are continuing at the
rate of 14,000 per month." On November p.
President Thieu's closest advisor. Hoang E^c
Nha, reportedly told a group of Vietnamese
publishers that 40,000 "communist agents"
had been arrested "in the past few weeks."
{Washington Post, November 10, 1972)
The treatment of Vietnamese political pris-
oners has not Improved since the Tiger Cage
disclosures by two United States Congress-
men in 1970. A letter recently smuggled out
of Chi Hoa prison in Saigon reports the con-
tinuation of beatings, inserting pins under
fingernails, the water treatment, and ex-
tinguishing cigarettes In sensitive parts of
the body, (see Appendix B) Vietnamese
sources also report that many others such
as Huynh Tam Mam, former president of
the National Student Union, and Le Van
Nuol. former chairman of the Saigon High
School Movement, are In critical condition.
While the talks go on. more people are
arrested — the torture continues. Tlie NLP
and north Vietnamese have been insistent
that Item three of the peace treaty be re-
spected; "Release of all captured and de-
tained people of the parties simultaneously
with the withdrawal of United States troops."
(emphasis added)
The United States has not accepted the
fact that release of United States prison-
ers of war depends, among other things, upon
United States Insistence that the Slagon
government also release all of their politi-
cal and military prisoners. Almost every high
level north Vietnamese and NLF official has
been a political prisoner and their mistreat-
ment by French and Saigon Jailers is still
remembered vividly. In addition, they feel
that the Imprisoned people will make up
an important antl-Salgon government force
(though not always pro- NLF) In the politi-
cal struggle that will follow the signing of
a peace treaty.
Few Americans would accept a settlement
which did not Include the release of all
captured United States personnel. We must
recognize that there are also Vietnamese
families who do not know the whereabouts
of their loved ones, and we should demand
for their sake, as well as for ourselves, that
all prisoners be released. And we should not
be surprised If the Vietnamese refuse to re-
lease our men until there Is a clear agree-
ment that will bring about the release of
the Vietnamese prisoners also.
President Thleu has taken a hard line on
the negotiations: "Let those who continue
to advocate a coalition government of three
parts stand up and be counted. I am certain
that the people aijd the army wUl not let
them live for more than five minutes." (Octo-
ber 12. 1972 at a youth rally In Cholon) .
The 120.000 man Saigon government police
force (up from 16,000 In 1963) Is paid for
by the United States. Most of the interroga-
tion centers, where much of the torture Is
carried out, were bmilt by the United States.
(384 new Tiger Cages have been built on
Con Son Island with United States tax
money by the American construction firm of
Raymond, Morrison Knudson — Brown, Root
198
CONGRESSIONAL RECORD — SENATE
January ^, 197S
and Jones.) The United States Public Safety
cffice In Saigon, which deals with police pro-
i rams. Is aware of and approves the use of
1 .merlcan tax money In Viet Nam to Imprison
t tie religious leaders, students, war-wounded
end political opposition. Their 1970 annual
I eport states ;
During 1970 the police continued to Im-
prove their capability in traditional police
iunctlon.s. Their timely and positive action
sffectlvely contained civil disturbances In-
volving (Saigon) war veterans, students and
I ellgious groups, thereby preventing the
spread of violence.
According to the same United States gov-
A-nment report. United States aid to the
' 'ietnamese police and prisons increased from
i 20 9 million in 1970. to S30 million in 1971.
During the same period, aid to education
decreased from $6 1 million to $4.5 million.)
The United States Public Safety officials
] n Saigon have known about the brutality in
'Ietnamese pri.sons for many years. In a re-
jiort dated October 1. 1963 and signed by
■'rank E. Walton. Chief or the Public Safety
1 )ivl£lon in Saigon, confinement In the dls-
( ipltne cells of Con Son prison was described
• his way;
In Con Son n. some of the hardcore com-
: niinlsts keep preaching the 'party' line, so
' hese 'Reds' are sent to the Tiger Cages In
i ;on Son I where they are Isolated from all
others for months at a time. This conflne-
nent may also include rice without salt and
vater — the United States prisons' equivalent
)f bread and water. It may include Immobll-
zatlon — the prisoner Is bolted to the floor,
landcuffed to a bar or rod. or legirons with
he chain through an eyebolt, or around a
)ar or rod.
Seven years later. Walton told a Congres-
lional investigating team that Con Son was
like a Boy Scout Recreational Camp. " Aft«r
he Congressmen had found the tiger cages,
A'alton claimed that he had no knowledge of
he.pi.
Throughout the war. the United States has
seen aware of the mistreatment of Vletnam-
'se prisoners. Yet. we have funded an In-
;reaslngly large police force. The CIA thought
jp and financed the Phoenix program to
issassinate or arrest the political opposition
)f the Thieu government.
Now the time has come when United States
"allure to Insist on the release of these prls-
)ners is holding up a cease-flre; Is prolong-
ng the release of American prisoners; and
smearing the image of our nation.
Can the United States, in good conscience,
iemand the release of United States prisoners
ivlthout insisting that all detained Vletnam-
;se in Saigon government prisons be re-
eased'' Can the United States continue to
finance and supply the Saigon government
knowing that this money is being used in
part to arrest and torture its political opposi-
tion?
Appendix A: Specific Laws Used Against
Political Opposition
Decree Law Number 93 'SL CT of February
1. 1964. signed by Nguyen Khanh;
Article 2: Shall be considered as a pro-
Communist Neutralist a person who commits
acts of propaganda for and incitement of
Neutralism; those acts are assimilated to
the adts of Jeopardizing public security. (Note
of the translator; The act of jeopardizing
public security is punished by article 91,
paragraph 3 of the South Viet Nam Revised
Code of Criminal Laws with a maximum pen-
alty of five years Imprisonment.)
Decree Law Number 004/65 of July 19, 1965^
signed by Nguyen Van Thleu;
Article 16: Is sentenced to solitary con-
finement with hard labor for life any person
who excites the mob of organizing meetings
or demonstrations with the purpose to dis-
turb the security of the state.
Article 17; Is sentenced to hard labor for
a term of years any person; — who directly or
Indirectly disseminates any policy, slogan or
directive of the communists, or of any In-
dividual or league Influenced or controlled
by the communists.
Who commits any act in order to under-
mine the antl-conununist spirit of the coun-
try, or to cause harmful effect to the struggle
of the people and the Armed Forces
Who plots to act under disguised signi-
fication of peace or neutralism in accord-
ance with communist doctrine.
Who popularizes, circulates, distributes,
brings to public attention, sells, exhibits at
public places, or conceals with those pur-
poses, any printed materials, pictures or oth-
er media, so as to attain the purposes men-
tioned In the above three paragraphs.
Decree Law Number 044 66 of February 15,
19^6, signed by Nguyen Van Thleu;
Article 19; Those persons considered dan-
gerous to the national defense and public se-
curity may be Interned In a prison or desig-
nated area, or banished from designated areas
for a maximum period of two years, which Is
renewable; the internment and banishment
shall be ordered by Arrete of the Prime Min-
ister Issued upon the recommendation of the
Minister of Interior. (On September 24, 1966
this was amended so that administrative In-
ternment was delegated to the Minister of
National Security.)
Article 22; Those persons who gather In as-
semblage of two or more and attack, resist or
obstruct the public force personnel In their
duties shall be punished with death. The kill-
ing of offenders in self-defense shall be ex-
cused.
Decree Law Number 004/TT/SLU of July
15, 1972, signed by Nguyen Van Thleu:
Article 1; (in part) those caught wander-
ing during the hours of curfew without a
■ wTitten authorization, or a valid excuse such
as birth-giving, an unexpected illness requir-
ing emergency treatment, etc. will be sub-
ject to a prison sentence ranging from 6 days
to 2 months, or fined from 1.000 to 10,000
piasters.
Article 3; (in part) all forms of labor
strikes and disputes, even those that have
gone through a process of mediation, and even
If their only purpose Is to provide mutual
support to resolve a labor conflict, will be
strictly forbidden.
Appendix B: Letter Smugcled Out of Chi
HoA Prison to a Group op South Viet-
namese Priests
I CHI HoA Prison, Saigon,
October 11, 1972.^
Dear Fathers: We are sending you this
document concerning the fate of Le Cong
Giau. a student at present detained by the
special section of the municipal police. Ac-
cording to the testimony of our fellow stu-
dents who have been transferred here from
the municipal police department, all Glau's
fingernails and toenails have been torn out,
his fingers and toes burned by a high voltage
electric current. His body and even the end of
his penis are marked with cigarette burns.
Giau, whose body Is extremely swollen as a
result of the beating, suffers terribly from
the slightest touch.
We beg you to do everything possible ( alert
public opinion, take all necessary steps) to
bring help to our friend whose state is so
critical. Otherwise, Giau may not survive.
We thank you in advance for your help.
The students imprisoned at Chi Hoa
I Prison, Saigon
A Cry of Alarm About the Methods of
Torture Used on the Student Le Cong
Giau
Le Cong Giau is a science student and
former vice secretary general of the execu-
tive committee of the Union of Saigon Stu-
dents (1965-1966). Glai4 was arrested on
August 5, 1972 by the Saigon municipal po-
lice when leaving a class to return home.
The same night, August 5, Giau was taken
handcuffed and blindfolded to the office of
the director of the Interrogation center (Mr.
Duong Van Chau) ; also present were lieu-
tenant colonel Nghla, assistant director in
charge of the special police, and captain Mai,
head of the interrogation, as well as ten in-
terrogation officers. He was immediately sub-
jected to torture and Interrogation and
forced to admit to having participated la
NLF organizations. Giau protested vigorously
against the accusations. Nevertheless, he has
continually suffered all manner of tortures;
persistent beating with a club on the head,
chest, shoulders, hands, thigh, knees, legs,
and feet. Burning cigarettes were placed on
his nipples, navel, and penis; pins were
driven Into the ends of his fingers. His finger-
nails and toenails were torn out (this tor-
ture was carried out by second lieutenant
Duong) .
A large quantity of soapy water was forcsd
through his nostrils and mouth until he
fainted; then he was kicked in the stomach
to force water out (this torture was carried
out, once again, by second lieutenant
Duong). His hands were tied behind his
back, and he was suspended by his feet and
beaten savagely with clubs (this torture car-
ried otit by Cu Lu Nhi. a torturer well known
in the prison since 1970) . Chopsticks were
forced up his rectum ( torture carried out by
Ngoc). The torture was applied from 10 p.m.
to 4 a.m. After each session Giau was car-
ried on a board to cell number 2. This par-
ticular treatment was Imposed every day
from the first week of his detention. He is
now so weak that he cannot move any of
his limbs, and he can only eat by being fed
spoonsful of soup by another prisoner. With
only a few days break, this InterrogatTon
and torture has been systematically carried
out for two months. During the week of Au-
gust 19 to 26, Giau was taken away and hid-
den in a closed truck so that he would not
be seen by an International Red Cross in-
spection team.
On September 30, one of Glau's fellow
prisoners happened to overhear the torturers
talking among themselves; "We have never
seen anybody as hard to break as this kid
(speaking about Giau). We nevertheless use
every possible and imaginable technique,
but to no avail. He will not talk. There is
nothing more we can do but liquidate him."
Giau Is now unable to speak. He vomits
blood continually; his clothing is so sat-
urated with blood that the cell is filled
with an Intolerable stench which suffocates
even the guards. He is now in a cell covered
only by a straw mat. He is lying there like
a corpse. On October 1, he was taken to a
hospital reserved for combat police to un-
dergo treatment for five days. But, in view
of his condition, the chief physician sug-
gested sending him to the civilian hospital.
Hong Bang. The director of the interroga-
tion center, Mr. Duong Van Chau, refused
to allow this in order to keep the affair
secret. Giau was then sent back to the mu-
nicipal police department to undergo fur-
ther Interrogation. Even In this condition,
he has been placed in solitary confinement
without being allowed to receive the sup-
plies and medicines brought by his family
and friends.
We wish to alert public opinion to the im-
minent death of Le Cong Giau.
Prisoners of Chi Hoa, October 11, 1972.
Don Luce
Don Luce is a thirty-eight year old agricul-
turalist who has spent most of the last four-
teen years of his life in Viet Nam. Mr. Luce
first went to Viet Nam in 1958 as a volunteer
in agriculture with International Voluntary
Services (IVS) . In 1961 he became director of
IVS in south Viet Nam, a position which he
held until his resignation in 1967. He re-
turned to Viet Nam again in 1968 under spon-
sorship of the World Council of Churches and
coauthored a report on post-war develop-
ment.
Mr. Luce made world headlines In 1970
when he, along with two American Congress-
men, discovered the notorious tiger cages in
January i, 1973
CONGRESSIONAL RECORD — SEN ATE
299
one of South Viet Nam's largest prisons. Be-
cause of this, his visa was withdrawn by the
South Vietnamese government In May, 1971,
for "special reasons." "The 'special reasons'
seem to be one," wrote Mary McGory In the
Vfashington Evening Star. "He knows too
much."
On his return to the United States, Mr.
Luce testified before Senate and House com-
mittees of the United States government on
prison conditions and civilian casualties and
refugees in South Viet Nam. Since 1971, he
has been the Director of the Indochina
Mobile Education Project.
Mr. Luce returned to Viet Nam in the fall
of 1972 as a special correspondent for ABC
news. He spoke to American prisoners In
Hanoi and studied conditions in the north.
He speaks fluent Vietnamese and has closely
identified himself with the Vietnamese peo-
ple. Mr. Luce has written widely on Viet
Nam in various niational publications and is
co-author of a book, Viet Nam: The Unheard
Voices, and coedltor of We Promise One An-
other, Poems from an Asian War.
Time magazine has commented that "Don
Luce is to the South Vietnamese government
what Ralph Nader is to General Motors. He
knows the culture and people better than
virtually any correspondent or U.S. govern-
ment employee."
By Mr. STEVENS :
S. 213. A bill to amend the Internal
Revenue Code of 1954 to permit certain
employees to establish qualified pension
plans for themselves in the same manner
as if they were self-employed. Referred
to the Committee on Finance.
a bill to extend the keogh plan to all
employees in AMERICA
Mr. STEVENS. Mr. President, today
I am introducing a bill to amend the In-
ternal Revenue Code to provide incen-
tives for private individuals who are
neither self-employed nor employed by
an employer, either corporate or non-
corporate, who provides his employees
with a retirement plan. The incentive
this bill would provide would be in the
form of a tax incentive. The tax incen-
tive in the plan I am proposing actually
brings about an equity in the present law
for persons who neither have tax-free
moneys placed into a retirement fund by
their employers for them nor have the
option of placing a certain portion of
their earnings into a pension plan with-
out paying taxes on those moneys. This
bill is a logical extension of the Keogh
plan sponsored by former Congressman
Keogh, of New York, and will equalize
the tax treatment of income .set aside
for retirement by persons not now quali-
fied for such tax treatment and income
set aside for retirement by those who
participate in either corporate or self-
employed plans.
According to an article in the April
1968 issue of the Social Security Bul-
letin, private pension and deferred prof-
it-sharing plans covered 27.6 million
workers as of the end of 1967. Using the
average number of workers in private
employment during 1967 as a standard —
54.4 million — this means some 30.8 mil-
lion employees do not have any private
pension coverage. It should be pointed
out that 80 percent of those covered were
in manufacturing, transportation, public
utilities, and mining, and coverage is
generally found in the case of employees
of the larger employers. By contrast, a
relatively small proportion of employees
were protected by pension plans in the
trade and service industries at least
partly because of such factors as the
smaller size of the business involved and
the higher rate of turnover.
This bill would particularly benefit
certain employees of small businesses.
In States such as Alaska, most employees
are hired by relatively small concerns.
Employment may be seasonal and in
many cases only marginally profitable.
Such employers cannot afford to provide
pension plans. It is imfair to employees
who must be employed in such busi-
nesses not to have the benefits of tax
treatments enjoyed by employees of
larger employers. My bill would allow
lower income employees who, probably
more than employees in any other in-
come stratum, fall into this inequitably
treated class, to enjoy the same tax treat-
ment granted to other citizens.
It is perhaps a cruel anomaly that pen-
sion coverage with its attendant tax
benefits is more available as the indi-
vidual rises socioeconomically. Pension
coverage is almost nonexistent for those
for whom a pension plan would do the
most good — the poor, the nonunionized.
the employees wlio are out of work part
of the time and must work if at all only
in odd jobs.
I am introducing this bill in the hope
that its passage will extend the benefits
of tax sheltered retirement plans to those
who can least aiTord to pay taxes on the
money they must set aside for their senior
years if they wish tq avoid becoming pub-
lic burdens.
This bill is designated to assist the in-
dividual who must work long hours at low
pay and who has the most difficult time
putting any money aside for the future,
because he must use his entire earnings
to feed himself aAd his family. It is this
group who must go without access to the
advantages readily available to individu-
als even moderately well-off. One such
advantage is forced retirement .savings.
This bill will permit any individual
wishing to participate to set up a retire-
ment savings plan with any financial in-
.stitution subject to the approval of the
Secretary of the Treasury or in the alter-
native to purchase retirement plan bonds
from the Treasury Department as in-
dividuals qualified under present law
may now do.
Mr. President, in this day and age
when Americans everywhere are seeking
a higher quality of life for themselves
and their cliildren, it is time for us to
look ahead at the need to protect our
poorer citizens in their old age. There
are many bills designed to assist our
senior citizens, yet none have taken the
approach I am now seeking. I urge Con-
gress to give this bill Uie careful atten-
tion it deserves and ro extend to these
worthy members of our society some
measure of security for their old age.
I request unanimous consent that the
bill be printed in its entirety in the
Record at this point.
There being no objection, the biU was
ordered to be printed in the Record, as
follows:
S. 213
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That (a)
section 401 of the Internal Revenue Code of
1954 (relating to qualified pension, profit
sharing, and stock bonus plans) Is amended
by redesignating subsection (J) as (k), and
by Inserting after subsection (1) the follow-
ing new subsection ;
"(j) Certain Employees. —
"(1) General rule. — An individual who Is
not covered under a plan of any employer
which meets the requirements of subsection
(a) and. If applicable, subsection (d). may
elect (at such time, in such manner, and sub-
ject to such conditions as the Secretary or his
delegate shall prescribe by regulations) to
become entitled to the benefits provided by
this part to the same extent as If he were a
self-employed individual.
"(2) Effect of election. — For purposes of
applying the provisions of this part to an In-
dividual who makes an election under para-
graph (1), such individual shall be treated —
"(A) as an employee within the mean-
ing of subsection ic) (1), as owning the en-
tire interest 'n an unincorporated trade or
business, and as his own employer, and
"(B) as receiving earned income In an
amount equal to the compensation paid to
him by the employer described in paragraph
(1)(A).
"(3) Regulations. — The Secretary or his
delegate shall prescribe such regulations as
may be necessary to carry out the purposes
of this subsection."
(b) The amendments made by subsection
(a) shall apply to taxable years beginning
after the date of the enactment of this Act.
By Mr. STEVENS: I
S. 214. A bill relating to the appoint-
ment of U.S. marshals. Referred to the
Committee on the Judiciary.
appointment of v.s. marshals
Mr. STEVENS. Mr. President, I am in-
troducing a bill to provide that U.S. mar-
shals shall be appointed by the Attorney
General of the United States. This bill
also incorporates an amendment which
directs the Director of the U.S. marshal's
service to fill a marshal's vacancy from
those qualified individuals residing \i1th-
in the district. Only if there are no such
qualified individuals within the district,
may he fill the position from outside the
district.
It is my strong feeling that this bill is
necessary to continue to attract the qual-
ity of men who should be in the service of
our country as marshals and to further
provide that there is a contiguity of serv-
ice in these very important positions.
The bill as amended is of increased bene-
fit to the country because it requires tha'
marshals be appointed from among thos".
most qualified applicants — people in-
timately famili:a- with their judicial dis-
trict and the people living in it. The biL"
was amended at the suggestion of several
U.S. marshals who urged that applicant*
residing within the district be given first
preference.
Mr. President. I request that the bill
be printed in its entirety in the Record.
There being no objection, the bill was
ordered to be printed in the Record. a«
follows:
s. 214
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That (a) sec-
tion 561(a) of title 28, United States Code.
is amended to read as follows:
"(a) The Attorney General shall appoint
a United States marshal for each Judicial
district."
On page 1. line 6. strike quotation mark
and insert the following; 'The Attorney Gen-
eral shall make the appointment from among
the qualified applicants residing within the
Judicial district, unless there are no such
]hO
CONGRESSIONAL RECORD — SENATE
Jammry 4, 1973
qi alined applicants therein. In which case
h« mav make the appointment from any-
wjere in the United States.' "
bi Section 561(b) of such title Is repealed.
CI Section 565 of such title Is repealed,
d) The sectional analysis at the beginning
1 chapter 37 of such title is amended by
iking out item 565.
Sec. 2. lai Section (b) of the Organic Act
,) GTiam. as amended (64 Stat. 390: 48 U.S.C.
■^4bfb) I. Is amended to read as follows:
lb) The President shall appoint, by and
th the advice and consent of the Senate.
United States attorney for Guam to whose
I \ce the provisions of chapter 35 of title 28,
litod States Code, shall apply."
ib> Section 24 of such Act Is further
ai fiended by adding at the end thereof a new
4bsectlon 'di as follows:
••(di The Attorney General shall appoint a
U lited States marshal for Guam to whose
- Rce the provisions of ch.^pter 37 of title 28,
U nted States Code, shall apply."
Sec. 3. (a) Section 45(a) of title 3 of the
cfenal Zone Code Is amended to read as
f Hows:
■•(a) The Attorney General shall appoint a
T';.ited States marshal for the district of the
C inal Zone to whose office the provisions of
■ lapter 37 of title 28. United States Code.
, lall apply, except as otherwise provided in
]ii3 Code."
lb) Section 45 ib) of such title Is repealed.
ic) Section 45 (e I of such title is amended
' road as follows:
■■;ei The appointment and tenure of dep-
i:les and clerical assistants of the United
S:ates marshal are subject to section 562 of
Me 28 United States Code "
( d I The caption of section 45 of such tl^e
i^ imended to read as follows:
; 45 Appointment, leave, and residence of
" United States marshr.l; deputies r.nd
assistants".
.'I Item 45 in the sectional analysis pre-
•duig section 1 of such title Is amended to
lad as follows:
15. Appointment, leave, and residence of
United States marshal; deputies and
assistants."
Sec. 4. A United States marshal serving un-
c er a Presidential appointment on the date of
enactment of this Act shall be covered Into
tie competitive service under title 5. United
states Code, upon passing such suitable non-
r:)mpetltive examination as the Civil Service
C ommisslon may prescribe.
By Mr. HOLLINGS:
S. 215 A bill to amend the Internal
itevenue Code of 1954 to allow a credit
gainst income tax to individuals for
dertain expenses incurred :n providing
ligher education. Referred to the Com-
rjiittee on Finance.
TAX CRKDIT FOR TRADE SCHOOL OR COLLEGE
EDUCATION
Mr. HOLLINGS. Mr. President. I in-
ticduce a bill and ask unanimous con-
ent that it be printed in the Record at
the conclusion of my remarks. This bill
\,ould provide relief to American families
in the form of a tax credit to partially
eimbu'-se them for the coft of providing
their children with a trade school or col-
lege education.
Ccmrress has had several opportunJ-
:es to consider this tax credit as a means
Id aid in the financing of higher educa-
1 inn. On three separate occasions the
: Senate passed such a measure, most re-
( ently as an amendment to the Revenue
.^ct of 1971. but regrettably it has never
urvived the conference.
The time is long overdue for us to es-
ablish in principle what we know in fact.
Tuition costs are soaring, and other re-
ated costs, such as books and fees, are
keeping pace. The higher education
amendments of 1972 represent a mile-
stone in Federal commitment to the fi-
nancing of higher education. If ade-
quately funded these programs will make
a major contribution toward providing
needeJd relief to the schools and aid to the
students. However, it cannot do the job
alone and the middle income taxpayer is
one group that is still in need of relief.
The average American family cannot
bear the financial burden that still exists
in providing essential post-secondary
education for its children. Crippling in-
flation has in many cases wiped out or
prevented long-term savings plans of
parents for their childrens' education.
The need for relief becomes greater
every day. In 1955, there were 2.5 million
students enrolled in college. By 1970 the
figure had jumped to 7.9 million and in
1972 It is estimated that an additional 1
million students were enrolled. The pres-
sures of this influx of students, combined
with increased salary and operating ex-
penses, has terrifically inflated educa-
tional costs. A quality education is
rapidly becoming prohibitively expensive.
Tuition costs at public institutions have
more than doubled in the past 8 years,
and at private institutions they have in-
creased by over 70 percent.
In a country that places a premium
on education, we are rapidly pricing the
average family out of the market. The bill
which I propose would permit a tax credit
or part of the expenses paid by a tax-
ayer to provide for his own, or another
person's tuition, books, and equipment.
Room and board expenses are excluded,
.^nd scholarship assistance would be de-
ducted.
The credit would be calculated on a
sliding scale which favors those who are
attending low-tuition schools. The credit
is given against allowable expenses of up
to $1,500 as follows:
(a) 75 ^c of the first $200 of allowable
expenses.
(b) 25 ^r of the next $300 of allowable
expenses.
(C) 10 ''r of the remaining $1000 of allow-
able expenses.
These expenses must be incurred at a
qualified educational institution which
includes recognized colleges, universities,
vocational, business, and trade schools.
The maximum credit would be $325. and
the i'llow'^^le credit would be reduced by
SI for each $100 in income over $25,000.
To illustrate, a family earning $4,000
and spending $300 to put a child through
a trace school or collegiate institution,
would receive a $175 credit. A family
which earns $15,000 and pays $1,200
toward a child's higher education would
receive a credit of $295.
This proposil will contribute far more
to the enh.mcement of our society than
it will lose in tax revenues, and I urge
its favor'^Lle consideration.
There fcein'T no objectio'n, the bill was
ordered to be printed in the Record, as
follows:
S. 215
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That (a)
subpart A of part rV of subchapter A of
chapter 1 of the Internal Revenue Code of
1954 (relating to credits allowable) Is
amended by renumbering section 39 as 40,
and by Inserting after section 38 the follow-
ing new section:
"Sec. 39. Expenses of Higher Education.
"(a) General Rule. — There shall be al-
lowed to an Individual, as a credit against the
tax Imposed by this chapter for the taxable
year, an amount, determined under subsec-
tion (b) . of the expenses of higher education
paid by him during the taxable year to one or
more institutions of higher education in pro-
viding an education above the twelfth grade
for himself or for any other individual.
"(b) Limitations. —
"(1) Amount per individual. — The credit
under subsection (a) for expenses of higher
education of any IndividuPl paid during tiie
taxable year shall be an amount equal to the
.sum of —
"(A) 75 percent of so much of such ex-
penses as does not exceed $200.
"(B) 25 percent of so much of such ex-
penses as exceeds S200 but does not exceed
$500, and
"(C) 10 percent of so much of such ex-
penses as exceeds $500 but does not exceed
$1,500.
"(2) Proration of credit where more than
ONE TAXPAYER PAYS EXPENSES. If expenSCS Of
higher education of an individual are paid by
more than one taxpayer during the taxable
year, the credit allowable to each such tax-
payer under subsection (a) shall be tbe same
portion of the credit determined under para-
graph (1) which the amount of expenses of
higher education of such Individual paid by
the taxpayer during the taxable year is of
the total amount of expenses of higher edu-
cation of sxich individual paid by all taxpay-
ers during the taxable year.
"(3 1 Reduction of '"redit. — The credit un-
der subsection (ai for expenses of higher
education of any individual paid durlne the
taxable year, as determined under para-
graphs (i) and (2) of this sub.sectlon. shall
be reduced by an amount equal to 1 percent
of the amotmt by which the adjusted gross
income of the taxpayer for the taxable year
exceeds 825.000.
"(c) Definitions. — For the purposes of this
section —
"(1) Expenses of higher education. — The
term 'expenses of higher education' means —
"(A) tuition and fees required for the en-
rollment or attendance of a student at a
level above the twelfth grade at an institu-
tion of hl!Ther education and
"(B) fees, books, supplies, and eqiiipment
required for rour-es of instruction abo'-e the
twelfth grade at an institution of higher ed-
ucation.
Such term does not include any amount
paid, directly or Indirectly, for meals, lodging,
or similar personal, living, or family ex-
penses. In the event an amount paid for
tuition or fee- includes an amount for meals,
lodging, or similar expenses which is not
.separately stated, the portion of such amount
which Is' attributable to meals, lodging, or
similar expenses shall be determined under
regulations prescribed by the Secretary or
his delegate.
"(2) Institution of higher education. —
The term 'institution of higher education'
means —
"(A) an educational institution (.is de-
fined in section 151(3) (4) ) —
"(1) which regularly offers education at a
level above the twelfth grade; and
"(11) contributions to or for the use of
which constitute charitable contributions
within the meaning of section 170(c): or
"(B) a business or trade school, or tech-
nical institution or other technical or voca-
tional school In any State, which (1) is legally
authorized to provide, and provides within
that State, a program of postsecondary voca-
tional or technical education designed to fit
individuals for useful employment in rec-
ognized occupations; and fii) is accredited
bv a nationally recognized accrediting agency
or association listed by the United States
Commissioner of Education; and (ill) has
January 4, 1073
CONGRESSIONAL RECORD — SENATE
301
been In existence for 2 years or has been
specially accredited by the Commissioner as
an Institution meeting the other require-
ments of this subparagraph.
"(3) State.— The term 'State' Includes, In
addition to the several States of the Union,
the Commonwealth of Puerto Rico, the Dis-
trict of Columbia, Guam, American Samoa,
the Virgin Islands, and the Trust Territory
of the Pacific Islands.
"(d) Special Rules. —
"(1) Adjustment for certain scholar-
skips and veterans' benefits. — TTie amounts
otherwise taken into account unier subsec-
tion la) as expenses of higher education of
any individual during any period shall be
reduced (before the application of subsection
(b)) by any amounts received by such indi-
vidual during such period as —
"(A) a scholarship or fellowship grant
(wltbln the meaning of section 117(a) (l)i
which under section 1 17 is not Includible In
gross income, and
"(B) education and tr.ilnlng allowance
under chapter 33 of title 38 of the. United
States Code or educational assistance aHow-
ance ui'.der chapter 35 of such title.
"(2) NoNCREorr AND recre.ational, etc.
COURSES. — Amounts paid for expenses of
higher education of any individual shall be
taken into account under subsection (a) —
"(A) in the case of an Individual who is a
candidate for a baccalaureate or higher de-
gree, only to the extent such expenses are
attributable to courses of instruction for
which credit Is allowed toward a baccalaure-
ate or iiigher degree, and
"(B) m the case of an Individual who is
not a candidate for a baccalaureate or higher
degree, only to the extent such expenses are
attributable to courses of Instruction nec-
essary to fulfill requirements for the attain-
ment of a predetermined and Identified edu-
cational, professional, or vocational objective.
"(3) Application with other credits. —
The credit allowed by subsection (a) to the
taxpayer shall not exceed the amount of the
tax imposed on the taxpayer for the taxable
year by this chapter, reduced by the sum of
the credits allowable under this subpart
(other than under this section and section
31).
"(e) Disallowance of Expenses as Deduc-
tion.—No deduction shall be allowed under
section 162 (relating to trade or business
expenses) for any expense of higher educa-
tion which (after the application of sub-
section ( b ) ) is taken Into account In deter-
mining the amount of any credit allowed
under subsection (a) . The preceding sen-
tence shall not apply to the expenses of
higher education of any taxpayer who, under
regiUations prescribed by the Secretary or
his delegate, elects not to apply the provi-
sions of this section with respect to such ex-
penses for the taxable year.
"(f) Regulations. — The Secretary or his
delegate shall prescribe such regulations as
may be necessary to carry out the provisions
of this section."
(b) The table of sections for such sub-
part A is amended by striking out the last
Item and inserting in lieu thereof the fol-
lowing :
"Sec. 39. Expenses of higher education.
"Sec. 40. Overpayments of tax."
Sec. 2. The amendments made by this Act
shall apply to taxable years beginning on or
after the date of enactment of this Act.
By Mr. STEVENS:
S. 218. A bill to amend the Food Stamp
Act of 1964 in order to permit eligible
households living in remote ireas of
Alaska to use fcod stamp coupons for the
purchase of ammuiiition. Referred to the
Committee on Agriculture and Forestry.
Mr. STEVENS. Mr. President, today I
am introducing a bill to amend the Food
Stamp Act of 1964 to allow certain eligi-
ble households in the State of Alaska to
use food stamp coupons for the purchase
of ammunition.
The purpose of the bill is to allow those
Alaskans in the remote parts of the State
who must hunt for subsistence to pur-
chase rifle and shotgun am:nunition with
food stamps. Many of these people have
very little cash. Food stamps form an im-
portant means of purchasing necessary
commodities.
In the Alaska bush the cost of living
can be from 50 to 100 percent higher
than Anchorage. Anchorage itself has a
cost of living 25 to 50 percent higher than
Washington, D.C. These people mu^ pay
30 cents for a small can of milk; 50 cents
for a box of sail. $11 for 50 pounds. of
flour from a village store.
But even more important, it may not
be possible to obtain the most basic com-
modities from the village stores at all
times of the year. The weather is often
inclement. Ice flows may prevent the
single yearly visit of the supply vesstl.
Because of the harshness of the climate,
the mail is often unreliable. Individual
Native .settlements may be far from the
nearest village store and villagers may
be forced to go weeks or even months
without being able to purchase food.
Moreover, as the Senate Commerce Com-
mittee found in our hearings in Nome and
Bethel. Alaska, on the Marine Mammal
Protection Act last year, Natives have a
psychological and biological dependence
on marine mammals — meats often im-
available commercially. For example, seal
oil. a high source of vitamin C, is a staple
in many of the coastal areas. Thus, local
mammals often mui>t, of necessity, pro-
vide the bulk of the Native diet. These
are. of course, not available commercial-
ly r.nd must be shot.
Because of the Natives' lack of cash,
eligibility for food stamps, need to shoot
wild game, and inability to domestically
produce ammunition, this bill is neces-
.'ary.
In a recent administrative order, the
Internal Revenue Service recognized the
imique Alaskan problem by allowing
Alaskans in remote areas to purchase rifle
and shotgun ammunition through the
mafl. For this reason, as a practical mat-
ter, food stamps may be of little value
to Natives who cannot reach the closest
store and must pay high shipping costs
unless this bill is passed to permit the
purchase of ammunition which is small
and relatively light and easily shippable.
This bill will help relieve the tremendous
economic burden of these people of
Alaska.
Mr. President. I request unanimous
consent that the bill be printed in its
entirety in the Congressional Record
at this point.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
S. 218
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That the
Food Stamp Act of 1964 is amended by add-
ing at the end thereof a new section as
follows:
"authority of certain eligible households
in .alaska to use coupons for the pur-
chase of ammunition
"Sec. 17. Notwithstanding any other pro-
vision of this Act. members of eligible house-
holds living In the State of Alaska shall be
permitted. In accordance with such rules
and regulations as the Secretary may pre-
scribe, to purchase ammunition with coupons
Issued under this Act if the Secretarv- de-
termines that (1) such households are lo-
cated In an area of the State which makes
It extremely difficult for members of such
households to reach retail food stores, and
(2) such households depend to a substantial
extent on the vise of firearms to kill game
for food. As used In this section, the term
'ammunition' means ammunition for rifles
and shotguns."
By Mr. HATFIELD:
S. 225. A bill to authorize the project
for the Days Creek Dam. on the South
Umpqua River, Oreg., for flood pro-
tection and other purposes. Referred to
the Committee on Public Works.
Mr. HATFIELD. Mr. President, on this
first day of the 93d Congress, I wish to
introduce legislation to authorize the
construction of a flood control and water
quality enhancement project on the
South Umpqua River in Oregon. The
people of this river basin are plagued
with extremes of otreamflows. Devastat-
ing floods occur with oppressive fre-
quency— there have been five in the past
12 years. Each summer, on the other
hand, streamflows become lower than
in almost any other major stream in
western Oregon. The proposed Days
Creek Dam and Reservoir would meet
the problems associated with these ex-
tremes, to the great benefit of the people
of Douglas County.
Floodflows of the South Umpqua River
and its tributaries cause damages
throughout almost the entire drainage
area. They also contribute to the dam-
ages caused by the Umpqua River, into
which the South Umpqua flows. The
problem along the South Umpqua is espe-
cially severe because most of the avail-
able level land in'^hc basin lies adjacent
to the streams of tl^Jrainage area. Most
developments and transportation routes
have been located in the flood plain. Dur-
ing major floods, water covers entire
flatland expanses, inundating towTis and
interrupting transportation. Often the
South Umpqua rises to flood stage before
emergency action can be taken due to the
impervious soils of the drainage area
which do not readily absorb storm runoff.
Floods on the South Umpqua are thus
more severe and rise faster than on most
other streams of western Oregon. Dam-
ages from the 1964 and 1971 floods dowTi-
stream from the Days Creek site have
totaled $20 million: but at the projected
1985 development of the region floods of
the 1964 and 1971 varieties would cause
more than $43 million total damages — pit
1971 prices.
This region of Oregon has hot. dry
summers — very little rain falls and ex-
tended droughts occur. Less than 5 per-
cent of the annual precipitation occurs
from July through September, during
the last part of the growing season. The
a;ea needs a reliable source of irrigation
water, but under present conditions the
natural flows in the South Umpqua are
insufficient, in most water-short years,
to satisfy existing water rights. Holders
of these rights have been forced to ab-
stain from exercising them when stream
depletion has been threatened in recent
summers.
Most of the municipal and industrial
water supply in the basin is obtained
302
CONGRESSIONAL RECORD — SENATE
January i,
1973
from surface water sources, and future
development must expand these sources
since there is a general lack of under-
ground water. In addition to this prob-
lem of water supply, the South Umpqua
River receives the major portion of the
basin's waterbome waste load. During
low summer flows, the river has not been
able to assimilate that load, causing a
serious water quality problem. In several
areas the stream becomes unsafe for
water-contact u.sage because of profuse
algal growth, bacterial contamination,
and floating solids. These same areas are
the vicinity of major municipal and in-
dustrial water suppl^systems.
The depleted summer flows, the poor
water quality, and high water tempera-
ture have wreaked havoc with the fisherj'
resource of the South Umpqua River. At
present there remains only a small frac-
tion of the fish population that local
residents state to have existed in earlier
days. Augmentation of summer flow, as
would be provided by a storage reservoir
at Days Creek, would alleviate the three
conditions I have just outlined. Present-
day summer flows of the South Umpqua
at Brockway have been observed to drop
as low at 36 cubic feet per second —
bankful is 45.000 cubic feet per second —
with a water temperature of 87 . Con-
sider what Days Creek will do in this
regard: It will decrease the average
August temperature of the river below
the dam by 15' — from 70= to 55' — by in-
creasing the average flow from 70 to 950
cubic feet per second.
The movement to save the South Ump-
qua River from collapse of its resource
capabilities and to spare the people of
this basin from the frequent destructive
floods began with a public meeting in
Roseburg. Oreg., in 1956. Since that time,
the development of this proposal has
been a model of cooperation between the
Federal Government and the local peo-
ple. Local desire has never been in doubt,
from 1956 when 100 people showed up at
the Roseburg meeting to state the need
for control of this resource, to last year
when 1,200 people demanded an immedi-
ate solution to the problems of the South
Umpqua River at the flnal public meet-
ings on the project.
I have been impressed with the aepth
and breadth of the Corps of Engineers'
consideration of the problems and pos-
sible solutions related to the water re-
source of the South Umpqua. Their treat-
ment of the environmental aspects of
Days Creek and its alternatives has like-
wise been admirably complete. The re^^jt
of 15 years of diligent effort is this eJi-
cellent proposal for a project that is
badly needed.
By Mr. BAYH (for himself and
Mr. CooK> :
S.J. Res. 1. A joint resolution propos-
ing an amendment to the Constitution to
provide for the direct popular election of
the President and Vice President of the
United States. Referred to the Commit-
tee on the Judiciary.
.\ PROPOSAL FOR DIRECT POPULAR ELECTION OP
THE PRESIDENT
Mr. BAYH. Mr. President, nothing Is
more Important to the confidence of the
American people and to the permanence
and stability of our Government than
the just and equitable selection of the
President and Vice President. For more
than 7 years I have fought for enactment
of a constitutional amendment allowing
direct popular election of the President
and Vice President. And in the 93d Con-
gress I am introducing my proposal for
electoral reform once again.
Last Congress we did not take action
because many of my colleagues thought
it improper to act immediately before a
presidental election. But now the elec-
tion is over 4nd it is high time we acted.
We have been delaying far too long.
As in previous years, the proposal is
based on the fundamental principle of
election directly by the people, the only
system that is truly democratic, truly
equitable, and truly reflective of the will
of the majority.
But this proposal ag^in eliminates the
feature of direct eiectidn which provoked
the most vocal and repeated criticism,
the runoff election. Instead, in the un-
likely event that no candidate receives
40 percent of the popular vote, the Presi-
dent and Vice President would be selected
in the alternative manner originally sug-
gested by Senators Griffin and Tydings.
Arthur Krock wryly commented more
than 20 years ago:
The road to reform in the method of
choosing the President and Vice Presidents
of the United States is littered with the
wrecks of previous attempts.
For more than a century and a half,
Mr. President, we have recognized the
perils of a system that leaves the choice
of President to a group of independent
electors — electors whose freedom to dis-
regard the will of the people is presently
guaranteed by the Constitution. We have
recognized the inequities in a scheme
that allocates all of a State's electoral
votes to the candidate who wins a popu-
lar vote plurality in that State, regard-
less of whether that plurality is one vote
or 1 million votes — a scheme I should
add, that is nowhere to be found in the
Constitution itself. We have recognized
the grave risks that the popular will of
the people can easily be thwarted, either
by the strange arithmetic of the elec-
toral sS'stem or by the mischievous deeds
. of a handful of power brokers.
* Having long recognized these obvious
inadequacies, we have yet to correct
them. Why? Because repeatedly in the
past we have failed to achieve agree-
ment as to the most desirable route to
reform.
For that matter, there has always been
near unanimous agreement as to the
need for reform, but never before has
there been a national consensus as to
what specific type of reform was needed.
Today we have that elusive national
consensus. That is why now is the best
time to reform.
In Februai-y 1966, Mr. President, the
American Bar Association established a
special commission on electoral reform.
^ As some Members of this body will re-
call, the American Bar Association, with
a similar commission, was very helpful
to us in preparing the groundwork for
the consideration of the 25th amend-
ment, and I thought it woiUd be helpful,
and indeed it has proved to be very help-
ful, for the bar association to appoint
another such commission to help us with
this different constitutional problem.
The commission was composed of dis-
tinguished political scientists, lawyers,
legal scholars, public officials, and other
leaders from every section of the coun-
try and reflecting various political views.
It studied the present electoral system
and considered aU of the various pro-
posals for reform. Aft€r an extensive
10-month study, the commission con-
cluded that :
The existing electoral system is archaic,
undemocratic, complex, ambiguous, indirect,
and dangerous.
The bar association's blue-ribbon com-
mission further concluded that:
While there may be no perfect method of
electing a President, we believe that direct,
nationwide popular vote Is the best of all
possible methods. It offers the most direct
and democratic way of electing a President
and would more acctu-ately reflect the will
of the people than any other system.
In urging the abolition of the present
electoral system and replacing it with
direct popular election, the commission
foreshadowed an emerging national con-
sensus on the question of electoral
reform.
The Harris and Gallup polls have
shown, for example, that 73 percent and
81 percent of the American people, re-
spectively, favor direct popular election.
The extent of this feeling, it is important
to note^-is nationwide — and fairly even-
ly distributed throughout the country.
To quote excerpts from one of Mr. Gall-
up's polls, the figures reveal that 82
percent of the people in the East, 81
percent in the Midwest, 76 percent in
the South, and 81 percent in the West
think direct popular election is both de-
sirable and necessary.
In addition, direct popular election
has been publicly endorsed by a unique
and formidable array of national or-
ganizations, among them the American
Bar Association, the Chamber of Com-
merce, the AFL-CIO. the United Auto
Workers, the National Federation of In-
dependent Business, the National Small
Business Association, and the League of
Women Voters — indeed a rather pres-
tigious group of organizations repre-
senting broad philosophical and nation-
wide support.
For years, cne of the arguments often
raised against direct popular election
was that it could not be ratified by the
legislatures of three-fourths of the
States. In fact, even a few direct popular
election sui^porters. including the late
Senator Estes Kefauver and Senator
Henry Cabot Lodge, were deterred from
pushing it because of their doubts as to
whether direct election could be ratified.
Several years ago, the distinguished
Senator from North Dakota <Mr. Bur-
dick ) dramatically refuted this argu-
ment by polling 8,000 State legislators
and finding that of the 2.500 who re-
sponded, nearly 60 percent favored di-
rect election. The results, once again, re-
vealed very little variation from State
to State. More recently. Senator Grifto'
polled 4,000 legislators from the 27 States
thought most likely to oppose direct elec-
tion— and 64 percent of those respond-
ing endorsed direct election.
In September 1969 the House of Rep-
resentatives reflected this national con-
sensus by approving a constitutional
Januanj J,, 1973
CONGRESSIONAL RECORD — SENATE
3(03
amendment for direct election by an
overwhelming 339 to 70 vote. And dm-ing
Senate debate on Senate Joint Resolu-
tion 1— which was cosponsored by 43
Members of the Senate — we came within
a handful of votes of breaking the fili-
buster which denied the Aiflerican peo-
ple even a vote on this crucial issue. I be-
lieve that only the extreme time pres-
sures at the end of the session kept us
from coming to a vote. I beUeve that in
this Congress, now that we have the pres-
sure of the presidential campaign behind
us. we can break the filibuster and gain
the support to get final passage of this
important reform. The people of the
United States will not put up with the
electoral roulette of the present system.
They want reform. They want direct
popular election of the President. Now is
the time for reform. Now is the time for
direct popular election.
There is another equally compelUng
reason for acting now, Mr. President —
before it is too late. Why not eliminate,
once and for all, the ominous prospect of
elevating to the Presidency a man who
is not the choice of the American voters?
Why not take an oimce of prevention
now. before the antiquated electoral col-
lege backfires, and it is too late for the
proverbial pound of cure.
I am sure that some of our colleagues
not only will express reservations with
respect to certain sections dealing with
technicalities and how the mechanics of
this proposal is to operate, but also will
express broad philasophical disagreement
with the right of the people to vote di-
rectly on a one-man, one-vote basis for
the President.
I tliink there is room for difference of
opinion in this body. But today, perhaps
more than ever before in the history of
our country— at least, since the great
War Between the States— the ability of
our svstem to respond and to be a viable
system of governing 200 million people is
being tested. Some veiT critical questions
are being asked now that were not asked
20 years ago. Hopefully, they will not be
asked 20 years from now. But they are
being asked today.
Mr. President, what I should like to do
now, if I may. is to touch on and briefiy
review some of the obvious defects and
deficiencies of the electoral college that
make it such a clear and ever-present
danger.
DEFICrrS AND DEFICIENCIES IN THE ELECTORAL
COLLEGE
There is no need for me to dwell on the
historical accidents that led the framers
to compromise on the hybrid electoral
college systeni' but it is interesting to
note what a makeshift arrangement the
framers were forced to devise.
The appearance of political party can-
didates as early as 1800. for example,
meant Alexander Hamilton's original de-
sign of a select assembly of independent
electors already had lost its purix)se only
a decade after its embodiment in the
Constitution. Alexander Hamilton was
one of the original Founding Fathers and
he wanted to create electors to be an elite
group that had compjiete freedom of
choice. He made no apologies for this.
But 10 years after the mea.sure was put
on the books, parties developed that had
not been anticipated by the Founding
Fathers. When the party system did
develop, Alexander Hamilton's idea of a
select assembly went out the window. A
Senate report published in 1826 causti-
cally noted that:
The free and independent electors had
degenerated Into mere agents in a case which
requires no agency and where the agent must
be iiseless if he is faithful and dangerous
If he is not.
But today, more than 125 years later,
the elector still retains his constitutiqp-
ally guaranteed independence.
The elector is to the body politic what
the appendix is to the human body. As
Henry Cabot Lodge said :
V.TiUe It does no good and ordinarily
causes no trouble, it continually exposes the
body to the danger of political peritonitis.
The prospect of-unknown electors auc-
tioning off the Presidency to the highest
bidder remain all too real. That is the
lesson of 1968, v.hen the present electoral
system brought us to the brink of con-
stitutional Ciisis. With a shift of only
42,000 popular votes in three States no
one would have had an electoral majority
on election day. It would have given
Wallace, with his 46 electoral votes, the
balance of power.
Let me add there that a recent study
showed that a change of less than 1'2
percent of the vote in one State alone —
in California — would have produced the
same outcome.
Of course, we could avoid this danger
simply by eliminating the independence
of the elector. But eliminating the in-
dependent role of the elector is not a
cure-all for what ails our present elec-
toral machinery. The elector, in fact, is
merely a symptom of more fimdamental
flaws in our system of electing the Presi-
dent, We desperately need basic and com-
plete reform of this system.
Among other things, the present sys-
tem can elect a President who has fewer
votes than his opponent and thus is not
the first choice ol the voters. The pres-
ent system awards all of a State's elec-
toral votes to the winner of the State
popular vote, whether his margin is one
vote or 1 million votes. It cancels out all
of the popular votes cast for the losing
candidates in a State and casts these
votes for the winner: it assigns to each
State a minimum of three electoral votes
regardless of population and voter turn-
out; and provides for a patently im-
democratic method for choosing a Presi-
dent in the event no candidate receives
an electoral majority. How can we pos-
siblv justify the continued use of such a
patchwork of inequity and chance?
One of the major diflBculties of the
present electoral system is the unit rule,
which is not even a constitutional provi-
sion. I wonder whether all our colleagues
realize that this is th3 way we operate
and have been operating for some time.
The State of Maine made a change quite
recently. How permanent that will be,
we do not know, but prior to that time all
of the States operated on the winner-
take-all unit system, although it is not
provided for in the Constitution.
In effect, millions of voters are disen-
franchised if they vote for the losing
candidate in their State because the full
voting power of the State — its electoral
vote— is awarded to the candidate they
opposed. The obvious injustice of this
was pointed out by Thomas HaEf Ben-
ton— a former U.S. Senator — over a cen-
tury ago. He said:
To lose their vetes is the fate of aU mi-
norities, and it is their duty to submit; but
this is not a case of votes lost, but of votes
taken away, added to those of the majority
and given to a person to whom the minority
is opposed
One practical consequence of this dis-
enfranchisement is that it discourages
the minority patty in traditionally one-
party States. Simply stated, where there
is no hope of carrying the statewide pop-
ular vote, the size of the voter turnout
for the likely loser is meaningless. This
necessarily leads to the atrophying of the
party structure in many States. By the
same token, th^ prospective winner has
Mttle incentive to turn out his vote be-
cause the margin of victory likewise is
meaningless. In sum, the unit rule has
the unhealthy political effect of both
maintaining weak second parties and dis-
couraging voting. This is reflected most
clearly in the poor vote turnout in U.S.
presidential elections in comparison to
most other democratic nations.
/jiother byproduct of the unit rule is
the distortions it produces in the value of
individual popular votes. The unit tends
to inflate the voting power of a small
number of well-organized voters in the
handfull of large, closely contested States
where blocs of electoral votes can be won
on the basis of narrow popular vote mar-
gins. A candidate, for example, could win
an electoral majority by capturing slim
statewide pluralities in the 11 largest
States — even if he did not receive a sin-
gle popular vote in all of the other States.
This means, in effect, that under the
present system in 1968. 25 percent of the
popular vote could have elected a Presi-
dent. For these reasons, some of those
opposed to direct election urge that the
present svsterri be retained because it
represents the only effective hold on
pov,-er that the urban population centers
have in the Feideral Government today.
On the other hand, some spokesmen
for rural America have suggested that
the present electoral vote formula should
be preserved because it enhances the
voting power of citizens of the less pop-
ulous States. This argument has, I ad-
mit, a certain theoretical appeal. The
ratio of electoral votes to population in-
dicates that tlie smaller States would
have a voting advantage, because each
State is entitled to at least three electoral
voles regardless of its size. On this basis,
it would appear that a voter in Alaska
has five times the power of a voter in Cal-
ifornza. This argument, however, com-
pletely ignores the practical advantage
of the unit rule. A careful analysis will
show that because of the unit rule an in-
dividual voter in a more populous State
has greater voting power than his small
State neighbor, since his vote could swing
a much larger number of electoral votes.
But even if one could conclude — as
some apparently have — that the present
system favors one citizen over another,
one region over another, or one group
over another, that would not be the end
of the question. There is something more
important at stake in the debate over
electoral reform — a fundamental ques-
tion of national fairness. The President
represents every American, regardless of
504
I
CONGRESSIONAL RECORD — SENATE
January 4, 1973
region or State, and he should be elected
Dy all Americans, fairly and equitably.
Every vote should count the same, urban
ar rural, black or white, rich or poor,
north, south, east or west. Any sys^
tern which favors one citizen over an-
ather or one State over another is in-
nerently inconsistent with the most fun-
damental concept of a democratic so-
ciety.
But despite the seriousness of these
defects in the electoral college system,
they are no*' so dangerous as the most
fundamental flaw : the fact that the pres-
ent system cannot guarantee that the
candidate with the most popular votes
will be elected. This dangerous prospect,
more than anything else, condemns the
present system as a faulty device for re-
:ording the sentiment of American vot-
ers. In 1824, 1876. and again in 1888, this
system produced Presidents who were not
the popular choices of the voters. On
seven other occasions in this century, ai
shift •£ less than 1 percent of the popu-
lar vote would have produced an elec-
toral majority for the candidate who re-
ceived fewer popular votes.
To give an example of how extreme
this can be. in 1948. a shift of less than
30.000 popular votes in three States
would have given Governor D&wey an
electoral vote majority — despite Presi-
dent Truman's 2 million-plus popular
vote mirgin. I suggest to my colleagues
that is the type of malfunctioning which
would bring our Nation to its knees.
Good fortime. not design, has pro-
duced Presidents who were the popular
choice.? of the people. A glance at past
elections reveals that there have been
very few elections where the candidates'
percentage of the electoral vote reason-
ably resembled their percentage of the
poptilar vote.
In runaway elections, of course, any
system will produce an electoral victory
for the popular vote winner. It is the ac-
curacy of the results produced in closely
contested elections, however, that deter-
mmes the true soundness of an electoral
system. Based on this criterion, the pres-
ent sy.stem i.s clearly defective. A recent
computer study of presidential elections
over the last 50 years revealed, for exam-
ple, that in elections as clo'-e as IQIO the
present svstem offered only a 50-to-50
chance that the electoral result would
agree with the popular vote. For an elec-
tion as close as 1968, where some 500.000
popular votes separated the candidates,
there was one chance in three that the
electoral vote winner would not be the
popular vote winner as well. According to
the evidence, the danger of an electoral
backfire is clear and present. And as
Pr^idcnt Nixon said durin^ the 1968
ca6ipaign:
II the man who wins the popular vote is
deaieci the Presidency, the man who gets the
Presic'ency would have very great difficulty In
(ToT^rning.
The tests of an equitable modern elec-
toral system are threefold. First, it must
in-ajre that the man who receives the
mdct vjtcs is elected President. Second, it
ini4.-t couT-,t every vote equally. Third, it
m^st provide the people themselves with
th» right to make the choice directly.
Orily direct popular election meets all
three tests.
DESCRIPTION OF SENATE JOINT RESOLUTION 1
Senate Joint Resolution 1 proposes an
amendment to the Constitution of the
United States to abolish the antiquated
electoral college system and undemo-
cratic unit vote system and substitute
direct popular election of the President
and Vice President. The proposed amend-
ment contains several major features
worthy of discussion at this time.
First, the amendment requires the
winning candidate to obtain at least 40
percent of the total popular vote. During
the last few years, questions have been
raised as to what percentage of the pop-
ular vote, if any, should be required for
election. On the one hand it is necessary
to establish a reasonable plurality re-
quirement indicating a legitimate man-
date to govern. On the other hand, such
a requirement should not be set so high
that it would disrupt the stability of our
political system.
Requiring a majority of the popular
vote for election might too easily pro-
liferate the party system and needlessly
trigger the runoff. Historically, 15 Presi-
dents have been elected with less than
50 percent of the popular vote. But only
once in our history has no candidate for
President received 40 percent of the
popular vote: In 1860. Lincoln received
39.79 percent of the vote, although his
name did not appear on the ballot in 10
States.
Mr. President. I believe that a 40 per-
cent plurality requirement would assure
a reasonable mandate to govern, while
not unnecessarily triggering the alter-
native election procedures. It is ex-
tremely unli'tcely that neither major
party candidate would receive a 40 per-
cent plurality — even with a third-party
candidate in the race. In 1968, for ex-
ample, the most significant third-party
bid since 1924 could only produce 13.5
percent of the popular vote for George
Wallace.
Even more to the point, in 1912. in the
face of challenges by an incumbent Pres-
ident and a popular former President,
Woodrow Wilson still received more than
40 percent of the popular vote. It should
be pointed out that in 1912, 1 million
votes went to the Socialist candidate,
Eugene V. Debs. Yet the winner. Wood-
row Wilson, had more than the 40-per-
cent mark provided in Senate Joint Res-
olution 1. The four-way race in 1948, in-
volving Truman, Dewey. Thurmond, and
former Vice President Wallace, likewise
produced a candidate with well ovei 40
percent of the popular vote. The likeli-
hood of a major party candidate receiv-
ing the required plurality, therefore, is
not confined merely to three-party races
but to multiparty contests as well.
The 40-percent requirement, in short,
is a prudent cutoff point because it
avoids the likelihood of frequent stand-
offs, places reasonable limits on the
growth of third parties, and provides a
sufficient mandate to govern.
Since a 40-percent plurality require-
ment was established, a contingent elec-
tion procedure was necessary in the un-
likely event that no candidate received
the requisite 40 percent. During the de-
bate in 1970 it became clear that there
was considerable opposition to the run-
off originally provided for in Senate
Joint Resolution 1. Some people talked
of the mechanical problems of staging a
second national election on very short
notice, although I am convinced that the
experience of many individual States—
and several foreign countries — demon-
strate.^ that this would not be a problem.
Other opponents made the claim that
the possibility of a mnoff election would
convince more candidates to join the race
on the assumption that they could keep
any candidate from gaining 40 percent
of the vote. These opponents argued that
the runoff would lead to the growth of
third parties and the destruction of our
two-party system. I believe that this
theory has no merit. The overwhelming
weight of the evidence we obtained from
political scientists and others about the
experiences of individual States and for-
eign countries leads me to conclude that
the runoff would not in any way have
weakened — but would in the long run
have served to strengthen — the growth
of a responsive two-party system.
However, I realize that in trying to get
final passage of any important piece of
legislation — and most especially when
dealing with a constitutional amend-
ment— those of us in the Congress have
a duty not to let our personal views pre-
dominate. Instead we must seek out and
develop a broad national consensus of
support for the best plan which both
achieves the necessary reform and
which can be adopted.
I for one do not plan to allow the cause
of electoral reform to flounder because
of disagreement over relatively minor
details.
Therefore, the runoff provision has
been eliminated, and the alternative
plan introduced by Senators Griffin
and Tj'dings which gathered wide bi-
partisan support during the Senate de-
bate, has been substituted in its place.
Under this plan, if a pair of candidates
joined together and running for Presi-
dent and Vice President obtains at least
40 percent of the votes cast, they will be
elected President and Vice Pi-esident. If
no pair of candidates received 40 per-
cent of the vote, but if the pair of candi-
dates with the largest popular vote won
an electoral college majority — with the
votes cast automatically under the unit
rule on the basis of the popular outcome
in each State — that pair of candidates
would be elected President and Vice
President.' This computation would be
purely mechanical, and the Office of
Presidential Elector would be abolished
once dii-ect popular election took effect.
Finally, if no pair of candidates is se-
lected under either of the.se alternatives,
the final selection would be made by the
new Conji-ess. meeting in special session
for this and only this purpose. E^^.ch
Member of both Houses v.ould choose
between the two pairs of candidates with
the large.-t numbers of popular votes.
Allowing the selection to be made in this
wav by the newly elected Congress would
both insure that the popular will of the
majority of the votere would be taken
into account and also make sure that the
Pi-esident who was elected would be one
who was able to work with the new
Congress.
Some opponents of direct election have
Januirij 4, 1973
CONGRESSIONAL RECORD — SENATE
305
been concerned that the amendment
would have diminished the role of the
States. While I do not believe that such
a result would have arisen, the State
electoral vote will continue to play a
part in the revised proposal we will be
considering in the 93d Copm-e^^s. More-
over, by employing the electoral vote and
the final resolution by Congress in case
of a standoff, the GrifBn amendment
should offer a clear indication that those
of us who .support direct election do not
intend to break unnecessarily with our
historic traditions.
The proposed amendment strikes a
necessary balance between traditional
State authority and compelling Federal
interests in the conduct of presidential
elections. I believe such a balance is
workable and sound. The proposed
amendment empowers the States to es-
tablish voter qualifications and election
machinei"y similar to the responsibilities
the States now exercise for the election
of Senators, Representatives, and for
electors of the President and Vice Presi-
dent. Senate Joint Resolution 4 provides
that the qualifications for voting in
presidential elections are to be prescribed
by State law and shall be the same as
those voting for members of the most
numerous branch of the State legisla-
ture. These provisions are identical to
the present constitutional requirements
spelled out in article I. section 2. relating
to the qualifications for voting for Mem-
bers of Congress.
The States are further authorized to
prescribe less restrictive residence re-
quiiements. This authorization is neces-
sary in order to prevent invalidation of
relaxed residence requirements already
or hereafter adopted by the States for
voting in presidential elections. The Con-
gres i i3 also empowered to establish uni-
form residence qualifications. This pro-
vision does not modify or limit in any
wav existing constitutional powers of the
Congre'^s to legislate on the subject of
votirg qualificatjons. This authority
would in no way alter the provisions
dealing vith residence requirements in
presideniiai election.-- adopted as part of
the Voting Rights Act of 1970. The Vot-
ing Rights Act abolished residence re-
quirements for voting in presidential
elections and established nationwide,
uniform r-tandavds relating to regi.'-tra-
tion. ab--entee registration. &v^ absentee
voting in presidential elections. See Ore-
gon V. Mitchell (Dec. 21, 1970, U.S. Sup.
Ct.i.
The mechanical details of providing
fo" a direct popular election are left to
Conere.ss to legislate.
Pre-sci ibing the tim.es. places and man-
ner o^ holding such ejections ard provi-
sion for inclusion on the ballot remain
the primary responsibility of the States.
The Congress, hov.ever, is given a reserve
power to make or alter such regulations.
In the event a State attempts to exclude
the name of a major party candidate
from the ballot, for example, the Congress
would haA'c the authority to prevent such
arbitrary action. Furthermore, such ac-
tion appears unlikely in view of the
Supreme Court's recent decision in Wil-
liams V. Rhodes. 393 U.S. 23 (1968) , hold-
ing that the equal protection clause of
the 14th amendment and the right of as-
sembly guaranteed by the first amend-
ment impo.se limitations upon a State's
freedom to restrict parties in their ac-
cess to the ballot.
:\'r. President, we must fare up to the
fact that the State legislatures and the
Congress should be given a 2-year period
after ratification to pass the legislation
necessa-y to implement direct popular
election. Thus ve cannot realistically
pioceed on the assumption that direct
election will govern immediately upon
ratification. It is for this reason that i
am proposing a 2-year period for the
nas.-^age of implementing legislation.
Mr. President, as the chairman of the
Senate Subcommittee on Constitutional
Amendments. I have been er gaped in a
thorough study of our electoral system
for mo/-e than 7 years. As a result of that
study. I ha', e concluded that direct popu-
lar election is the only authentic reform
viro'-osal. the only proposal that guaran-
tees the election of the popular choice,
counts every vote equally, and works in
tile manner in whKli most Americans ex-
pect the electoral ijrocess to work — di-
rectly and democratically.
ALTERNATIVE PLANS
Tliere can be no disagreement that
direct popular election, would produce
these results though some may disagree
as to the desirability of such a basic
reform. Over the years, several other
major plans have been offered. I would
like to discuss the drawbacks in these
other proposals.
THE DISTRICT PLAN
The district plan would retain the
electoral vote, with electors chosen from
single-member districts within each
State and two electors running at large
statewide.
The district plan, like the present
electoral system is based on the winner-
take-all principle — merely shifting its
application from the State level to the
district level. As a result, the district
plan would continue to produce signifi-
cant disparities between the poiiular vote
and the electoral vote. A num.ber of
comments have been expressed suggest-
ing that the district plan might even
produce a popular vote loser or a minor-
ity vote winner. We can play all sorts of
games with figures. The best example I
found of the disparity which can be pro-
duced in any one election was brought
to our attention in the 1964 election. To
c its just one example of the consequences
of the district plan, compare the returns
for the First and 15th Illinois Congres-
sional Districts in 1964. These were
adjoining congressional districts. Presi-
dent Johnson carried the first district
by 167.458 votes. Senator Goldwater. in
contrast won the 15th district by only
71 votes. Under the district i)lan. each
candidate would have received one elec-
toral vote. The unit rule operating at the
district level would have wasted a net
popular vote margin of 167.387 votes for
President Johnson. By wasting large
mmibcrs of popular votes, the district
system cr.n easily elect a President who
i", not the popular choice of the voters.
As in the case of the present system,
the district plan would discourage the
minority party's voters within each elec-
toral district, thus reducing the incentive
to work. The district plan, in fact, would
operate even more effectively to discour-
age voters because a larger proportion of
congressional districts are safely con-
trolled by one party than are States
Defining a "sr.fe" State or district as one
carried by 60 percent of the vote or more,
for example. 32 percent of the districts
were safe in 1960 and only 10 percent of
the States.
Furthermore, despite the specific re-
quirement of the district plan that elec-
toral districts be compact, contiguous,
and naarly equal in population it still
would be possible for partisan State
legislatures to gerrymander electoral
imits. The impracticality of enforcing
this vague constitutional standard is
another major obstacle to the district
plan.
THE PROPORTIONAL PLAN
The proportional plan would retain the
electoral vote, but replace the unit rule
with a proportional division of a State's
electoral vote on the basis of the popular
vote in that State.
Had the proportional system been in
effect in 1968. it would have produced the
following distortions in two States hav-
ing the identical number of electoral
votes ;
First, President Nixon captured 43 per-
cent of the popular vote in Virginia and
under the proiiortional plan thi.s v,ould
have produced 5.2 electoral votes. Vice
President Humphrey's 43 percent of the
popular vote in Missouri likewise would
have produced 5.2 electoral votes. Piesi-
dent Nixon, however, only required 590,-
315 popular votes, whereas Humphrey
had to poll 791,444 votes in order to
produce 5.2 electoral votes — a startling
difference of 201.129 popula*- votes.
A similar distortion can be found in
both Idaho and Utah, which htive four
electoral votes. In both States. Nixon
captured 56 percent of the statewide
popular vote, and this would have en-
titled him to 2.2 electoral votes under the
proportional plan. Tlie interesting point
is that it required 238,728 popular votes
in Utah to produce the same number of
electoral votes as 165.369 popular votes
in Id?lio.
The practical political consequence of
the proportional plan is that it enhances
the political influence of the safe States,
which traditionally have had poci vcter
turnouts. Simply, a popular vote in a
State where the votei- turnout is poor is
worth more than a voie i!i a Si" to of
equal size with a heavy voter turncut.
States sharing marked secipna^ inter-
ests, moreover, would have a prp.^.t incen-
tive to maximize their electoral influence
by encouraging one-partyism. A- a result,
regional third party challenges are
likely to be encouraged. In 194S. for
example, the States Rights Party polled
only 2.4 percent of the total popu'.r vote,
but under a proportional lilan. it wouid
have received more than three times thru
percentage of the eleclo; ;il vote.
Under certain political conditions, the
proportional plan would produce a Presi-
dent who was not the popular choice of
the voters. If orie candidate won iiandily
in most of the States where the turnout
was poor and the results in the remaining
States were almost evenly divided, it is
likely that the electoral winner would
have been the popular vote loser. A per-
fect example of this division occurred in
t
m
CONGRESSIONAL RECORD — SENATE
January ^,
1973
theielection of 1896. Bryan captured 46.7
; ercent of the popular vote and Mc-
ILinley won 51.1 percent. McKinley's
riajority of the popular vote under the
I resent system produced 61 percent of
tlie electoral vote. Under a proportional
\ Ian. however, Bryan would have won a
s ix-vote victory — despite being a popular
\ ote lo.?er.
A recent computer studj' presented to
the committee examined the electoral
Jesuits produced under a proportional
-■ y.-tem in close popular election. The
landom survey, based on several thou-
.-and two-candidate races with a popular
\ ote distribution varying from a wide
t O-to-40 split to a 50-to-50 division, re-
^ ealed that with a plurality of less than
; million votes, there was a 14 percent
( hance of an electoral mi.shap. In an elec-
tion as close as 1968, moreover, there
\ -as a 25 percent chance — 1 in 4 of elect-
i ig the popidar vote loser.
.MrrOM.\TIC PLAN
Tlie automatic plan would write into
!iie Constitution for the first time the
major defect of the present system — the
unit rule. It would leave the election of
I he President to the strange arithmetic
( if the unit rule and perpetuate the other
inequities in the present system — includ-
\i\? the distortions in voting power, the
liuilt-in advantage for low voter turn-
( ut, and above all, the great nsk of elect-
i ng a candidate who is not the first choice
(if the voters. The adoption of the auto-
matic plan would not only write into the
Constitution the evils of the winner-
lake-all rule, but also would be likely
tD preclude meaningful reform in-
(.efinitely.
THE FEDEB.\L SYSTEM PLAN
The federal system plan would pro-
1 ide that in order for a candidate to be
( lected he would have to receive at least
- 0 percent of the popular vote and have
< onfirmed his mandate by achieving a
t lurality of the votes in more than one-
half of the States or in States having
i t least one-half the total number of
1 oters. If no candidate received such a
jilurality, the decision would be made
(n the basis of the distribution of the
liopular vote in accordance with the pres-
( nt electoral college system. If none of
1 iie candidates received a majority of the
( lectoral vote under this proposal, the
il^ctoral votes received by candidates
dther than the two receiving the great-
I St number of popular votes would be
« ;ivided among the first two candidates
:ii accordance with the proportion of the
!»&pular vote these two candidates re-*
( eived in the State.
This would be an extremely compli-
( iited and confusing method of electing
the President and Vice President. More-
< ver. the plan might tend to fragment
the presidential election process, with
( rip candidate hoping to confirm his vic-
\oriy by concentrating on the most pop-
ulous States and the other by concen-
! rating on the smaller States. Such di-
' i.?lvene=s should be minimized, not
ifiaanified. by the system of selecting our
I'resldent. Finally, and above all, the
plan does not correct the fundamental
1 law in the electoral system. It would not
1 trevent the possibility of electing a Pres-
ident and Vice President who had not
received the most popular votes.
CONCLUSION
Mr. President, these are the alterna-
tive plans. None of them has the sup-
port of a significant segment of the
American public. None of them has the
slightest possibility of securing passage
by a vote of two-thirds of the Members
of the Senate and the House. None of
them would be ratified by three-fourths
of the States.
Indeed, Mr. President, if one of these
plans were somehow to be adopted, it
would in my opinion foreclose all pos-
sibility of reform in this Congress — per-
haps in this generation.
The election is now over and we are
free to get back to the fundamental is-
sue of electoral reform having the ben-
efit of the lessons we learned in the last
election.
In any case, these are reforms that
the Nation desperately needs. We have
stalled too long, we have talked too long,
we have fought too long. Now is the time
to revise our electoral system for 1976,
and for generations of Americans to
come.
Mr. President, I ask unanimous con-
sent to print in the Record the complete
text of the proposed amendment and a
section -by-section analysis.
There being no objection, the joint
resolution and analysis were ordered to
be printed in the Record, as follows:
S.J. Res. 1
Resolved by the Senate and House of
Representatives of the United States of
America in Congress assernbled, (two- thirds
of each House concurring therein) , That the
following article is proposed as an amend-
ment to the Constitution of the United
States, which shall be valid to all intents
and purposes as part of the Constitution
when ratified by the legislatures of three-
fourths of the several States within seven
years from the date of its submission by the
Congress:
"ARTICLE
"SECTION 1. The people of the several States
and the District constituting the seat of gov-
ernment of the United States shall elect the
President and Vice President. Each elector
shall cast a single vote for two persons who
shall have consented to the joining of their
» names as candidates for the offices of Presi-
dent and Vice President. No candidate shall
consent to the Joinder of his name with that
of more than one other person.
"Sec. 2. The electors of President and Vice
President in each State shall have the quali-
fications requisite for electors of the most
numerous branch of the State legislature,
except that for electors of President and
Vice President, the legislature of any State
may prescribe less restrictive residence quali-
fications and for electors of President and
Vice President the Congress may establish
uniform residence qualifications.
"Sec. 3. The persons joined as candidates
for President and Vice President having the
greatest number of votes shall be elected
President and Vice President, if such number
be at least 40 per centum of the total num-
ber of votes cast. If none of the persons
Joined as candidates for President and Vice
President shall have at least 40 per centum
of the total number of votes, but the persons
joined as candidates for President and Vice
President having the greatest number of
votes cast in the election received the great-
est number of votes cast In each of several
States which in combination are entitled to
a number of Senators and Representatives
In the Congress constituting a majority of
the whole number of Members of both
Houses of the Congress, such persons shall
be elected President and Vice President. For
the purposes of the preceding sentence, the
District of Columbia shall be considered to
be a State, and to be entitled to a number
to which it would be entitled If it were a
State, but In no event more than the num-
ber to which the least populous State is
entitled.
"If, after any such election, none of the
persons Joined as candidates for President
and Vice President is elected pursuant to the
preceding paragraph, the Congress shall as-
semble in special session. In such manner as
the Congress shall prescribe by law, on the
thirty-fourth day after the date on which
the election occurred. The Congress so as-
sembled In special session shall be com-
posed of those persons who are qualified to
serve as Members of the Senate and the
House of Representatives for the regular ses-
sion beginning In the year next following the
year in which the election occurred. In that
special session the Senate and the House of
Representatives so constituted sitting in Joint
session, each Member having one vote, shall
choose Immediately, from the two pairs of
persons Joined as candidates for President
and Vice President who received the highest
numbers of votes cast in the election, one
such pair by ballot. For that purpose a quo-
rum shall consist of three-fourths of the
whole number of Senators and Representa-
tives. The vote of each Member of each
House shaU be publicly announced and re-
corded. The pair of persons Joined as candi-
dates for President and Vice President re-
ceiving the greater number of votes shall be
elected President and Vice President. Im-
mediately after such choosing, the special
session shall be adjourned sine die.
"No business other than the choosing of
a President and Vice President shall be trans-
acted in any special session in which the
Congress is assembled under this section. A
regular session of the Congress shall be ad-
journed during the period of any such special
session, but may be continued after the
adjournment of such special session. The as-
sembly of the Congress In special session
under this section shall not affect the term
of office for which a Member of the Congress
theretofore has been elected or appointed,
and this section shall not Impair the powers
of any Member of the Congress with respect
to any matter other than proceedings con-
ducted In special session under this section.
"Sec. 4. The times, places, and manner
of holding such elections and entitlement to
Inclusion on the ballot shall be prescribed In
each State by the legislature thereof; but
the Congress may at any time by law make
or alter such regulations. The days for such
elections shall be determined by Congress
and ?hall be uniform throughout the United
States. The Congress shall prescribe by law
the times, places, and manner In which the
results of such elections shall be ascertained
and declared. No such election shall be held
later than the first Tuesday after the first
Monday in November, and the results thereo'.
shall be declared no later than the thirtle',1'
day after the date on which the election
occurs.
"Sec. 5. The Congress may by law provide
for the case of the death. Inability, or with-
drawal of any candidate for President or
Vice President before a President and Vice
President have been elected, and for the case
of the death of both the President-elect and
Vice President-elect.
"Sec. 6. Sections 1 through 4 of this arti-
cle shall take effect two years after the rati-
fication of this article
"Sec. 7. The Congress shall have power to
enforce this article by appropriate legisla-
tion."
Direct Popilar Election op the President
(Sectlon-by-.sectlon analysis of Senate Joint
resolution, 93d Congress)
The resolution contains the customary pro-
visions that the proposed new article to the
January k, 1973
CONGRESSIONAL RECORD — SEN ATE
307
Constitution shall te valid as part of the
Constitution only if ratified by the leglsla-
twes of three-fourths of the States within
7 years after it has been submitted to them
bv the Congress.
'section 1 of the proposed article would
abolish the electoral college system of elect-
ing the President and Vice President of the
United States and provide for their election
by direct popular vote. The people of every
State and the District of Columbia would
vote directly for President and Vice Presi-
dent. This section prevents a candidate for
either office from being paired with more
than one other person. Candidates must con-
sent to run Jointly.
Section 2 provides that voters for President
and Vice President In each State must meet
the qualifications for voting for the most
numerous branch of the State legislature in
that State. The term "electors" is retained,
but instead of referring to the electoral col-
lege, the term means qualified voters, as It
does m existing provisions dealing with
popular election of Members of Congress.
This clause also permits the legislature
of any State to prescribe les.s restrictive
residence requirements and is necessary in
order to prevent Invalidation of relaxed
residence requirements already or hereafter
adopted by the States for voting in presi-
dential elections. The Congress is also em-
powered to establish uniform residence
qualifications. This provision does not modify
or limit m any way exsitlng constitutional
powers of the Congress to legislate on the
subject of voting qualifications. This au-
thority would In no way alter the provisions
dealing with residence requirements In presi-
dential elections adopted as part of the Vot-
ing Rights Act of 1970. The Voting Rights Act
abolished residence requirements for voting
in presidential elections and established na-
tionwide, uniform standards relating to
registration, absentee registration, and ab-
sentee voting in presidential elections. See
Oregon v. Mitchell, (Dec. 21, 1970, U.S. Sup.
Ct.)
Section 2 is modeled after the provisions
of Article I. section 2. and the 17th Amend-
ment of the Constitution regarding the
qualifications of those voting for Members of
Congress. As a result, general uniformity
within each State regarding the qualifica-
tions for voting for all elected Federal of-
ficials Is retained. The District of Columbia
is not referred to in section 2 because Con-
gress now possesses the legislative power to
establish voting qualifications for the Dis-
trict under Article I. section 8, clauses 17
and 18.
Use of the expression "electors of the most
numerous branch of the State legislature"
does not nullify by Implication or intent the
provisions of the 24th Amendment that bar
payment of a poll tax or any other tax as a
requisite for voting in Federal elections. The
Supreme Court, moreover, has held that a
poll tax may not be enacted as a requisite
for voting In State elections as well. Harper
V. Board of Supervisors. 383. U.S. 663 (1966).
Section 3 deals with the procedure for de-
termining the outcome of the election. If a
pair of candidates obtains at least 40 percent
of the whole ntimber of votes cast, they will
he elected President and Vice President, ns a
result of the popular vote alone. The expres-
sion "whole number of votes cast" refers to
all valid votes counted in the final tally. And
the term "whole number" Is consistent with
prior expressions in the Constitution. The 40
percent minlmvun was established because it
Is necessary to establish a re.isonable plu-
rality requirement Indicating a legitimate
mandate to govern and consistent with his-
torical experience, although swch a require-
ment shotjld not be set so high that It would
disrupt the stability of our political system.
The 40 percent figure was Incorporated Into
the runoff requirement in both primary and
general elections for the District of Colum-
bia's recently authorized nonvoting delegate
to Congress. See D.C. Code, sec. l-lllO(a) (4) .
added by Pub. L. 91-405 sec. 203(c).
Section 3 also establishes the procedures
to be used if no pair of persons received at
least ao percent of the whole number of
votes cast. Under this section, even If the
pair of candidates with the largest popular
vote total did not receive 40 percent of the
votes cast, the pair would still be elected If
the pair had-,^n electoral vote majority, with
the electoral 'tetes cast automatically on the
basis of the ^pular vote outcome In each
state. The office of Presidential Elector would
not be retained.
Section 3 further provides that If no pair
of candidates receives 40 percent of the total
vote, and if the popular vote winners do not
have an electoral majority, then the In-
coming Congress Is to meet in special session
in the fifth week after the election and
choose between the two pairs of candidates
who received the largest number of popular
votes In the election. Each Member of each
House is to vote individually, and all votes
are to be publicly announced and recorded.
The pair of candidates receiving the greater
number of votes shall be elected.
Section 4 embodies provisions imposing
duties upon the. Congress and the States In
regard to the conduct of elections. The first
part of the section requires the State legis-
latures to prescribe the times, places and
manner of holding presidential elections and
entitlement to inclusion on the ballot — sub-
ject to a reserve power in Congress to make
or alter such regulations. This provision Is
modeled after similar provisions In Article I
and the 17th Amendment dealing with elec-
tions of members cf Congress. States will
continue to have the primary responsibility
for regulating the ballot. However, If a State
sought, for example, to exclude a major party
candidate from appearing on the ballot — as
happened in 1948 and 1964— the Congress
would be empowered to deal with such a sit-
uation.
Section 4 also requires Congress to estab-
lish by statute the date of the regular elec-
tion, which must be uniform throughout the
United States, and which may not be later
than the first Tuesday after the first Monday
in November. This conforms to the present
constitutional requirement for electoral vot-
ing (Article II, section 1) . to which Congress
has responded by establishing a uniform day
for the election of electors (3 U.S. C. 1.) Con-
gress is also required to prescribe the time,
place, and manner In which the results of
such election shall be ascertained and de-
clared within 30 days after election day. In
Implementing this section. Congress may
choose to accept certain final State certifi-
cations of the popular vote as it now accepts
electoral vote certifications under the pro-
visions of 3 U.S.C. 15.
Section 5 empowers Congress to provide by
legislation for the death inability, or with-
drawal of any candidate for President or Vice
President before a President or Vice Preslde;it
has been elected. Once a President and Vice
President have been elected, existing consti-
tutional provisions would apply. The death of
the President-elect would be governed by the
20th Amendment and the death of the Vice
President-elect would be governed by the
pro;od\ire for filling a Vice Presidential va-
cancy contained in the 25th Amendment.
Seclicii 5 also empowers the Congress to pro-
vide bv legislation for the case of the death
of both the President-elect and Vice-Presi-
dent-elect.
Seciiar. 6 provides that the direct election
plan shall take effect two years after being
ratified by the States. Since State and Fed-
eral legislation wUl be necessary to fully Im-
plement and effectuate the purposes of the
proposed amendment, a reasonable period of
time should be provided between the date
of ratification and the date on which the
Amendment Is to take effect. Section 7 of
the amendment, which grants Congress the
power to set up the machinery to implement
the Amendment, takes effect immediately
upon ratification. This would make It com-
pletely clear that Congress would have the
power to create the implementing machinery
for the direct popular vote plan In advance
of the effective date of that part of the
amendment.
Section 7 confers on Congress the power
to enforce this article by appropriate legis-
lation. The power conferred upon Congress
by this section parallels the reserve power
grantad to the Congress by numerous amend-
ments to the Cbnstltution. Any exercise of
power under this section must not only be
"appropriate" to the effectuation ot the
article but must also be consistent with the
Constitution.
By Mr. NELSON:
S.J. Res. 2. A joint resolution designat-
ing April 9 through April 15 as "Earth
Week 1973." Referred to the Commit-
tee on the Judiciary.
EARTH WEEK
Mr. NELSON. Mr. President, the begin-
ning of a new Congress is an event which
has a particular significance in our his-
tory: It symbolizes both the continuance
of our democratic process and its renew-
al, both the chance to preserve what is
good in our past and the opportunity to
make new beginnings.
On this occasion, it seems particularly
appropriate to discuss Earth Week, an
annual event which represents the con-
tinuance and the renewal of the national
commitment to the environment.
I am introducing today a resolution —
Senate Joint Resolution 2— which calls
for the designation of the second week
in AprU 9 through 15. as Earth Week
1973.
In 1971 and 1972, the Earth Week
resolution received wide bipartisan sup-
port in both Houses of Congress. Last
year, it was cosponsored by 70 Senators
and more than 100 Representatives.
Earth Week 1972 was proclaimed by the
President of the United States, the Gov-
ernors of 45 States and the mayors of
more than 100 cities. It was also sup-
ported by the Secretary General of the
United Nations and by a wide variety of
educational and environmental organiza-
tions.
This year. Earth Week is expected to
be observed even more widely, because
the environmental issue is one which
ranks ver>- high on the scale of public
interest and concern.
The 91st and 92d Congresses made
more progress on environmental issues
in 4 years than had been made in any
comparable period in congressional his-
tory. That was a substantial achieve-
ment, but it was really only a beginning,
and a preat many complex environ-
mental problems remain to be solved. To
cite one ironic example, the very city
from which we legislate is the sixth most
polluted city in the Nation.
A sustained national effort is needed
to solve our many problems, and Earth
Week plays a vital role in that effort.
Earth Week accomplishes three impor-
tant goals: It provides continuing educa-
tion on all aspects of the environmental
issue and in particular emphasizes en-
vironmental education in the schools. It
gives Americans all across the counti-y
the chance to review and asse,s5 what
environmental progress has been made,
and to plan for the future. And it en-
courages each citizen to renew his dedi-
cation to the restoration and protection
3(8
CONGRESSIONAL RECORD — SENATE
January 4, 1973
o the environment, and to persist in the
s( arch for solutions.
As la\Vmakers, we have been given a
SI lecial charge in the environmental area.
We are the caretakers of the very pre-
cous resources of the earth, resources
w hich are limited and which have a lim-
it sd capacity to support life. If we permit
tliose resources to be destroyed through
n jglect or reluctance to act, we will never
h ive the opportunity to undo the dam-
a ;e. We must be willing to set the right
p -iorities and to pay the necessary price
if we want to leave a clean and healthy
eivironment to our children ard our
g -andchildren.
We are not the first public leaders in
h. story to acknowledge that we have a
n :sponsibility for the quality of life and
fur the peneral well-being of the citizen-
r'. As William Shakespeare notes. Julius
Caesar, the leader of ancient Rome, left
a 1 environmental legacy as long ago as
4 [ B.C. In his will, he gave to all Roman
tizens and to their heirs —
All hts walks, his private arbors and new
y anted orchards on this sld^ Tiber . . .
common pleasures, to walk abroad and
rfcreate themselves.
We camiot solve today's complex en-
, ronmental problems quite as easily as
Caesar solved his. but there still is time
._ act and to preserve an environmental
l(gacy for the next generation. But we
ust act nov.-. before our cities have de-
.ved bevond the point of repair and he-
re we have allowed v.hat remains of
^ natural heritage to be squandered.
As the 93d Congress opens, we have the
lance. once again, to continue the work
have so recently started, and to re--
., our commitment to the environment.
Earth Week has earned an important
ace in the history of the environmental
ement in this country, and it is
while to describe its evolution
ifflv.
On April 22, 1970. an event occurred
hich proved to be a watershed in the
^tional struggle to preserve the envi-
•jnment. That event v,as Earth Day. On
lat spring day. millions of Americans,
c^eeply worried about the threat to their
ironment from pollution, partici-
„ved in massive, peaceful demonstra-
ons to sho'.\ their concern. In thousands
sch6ols, colleges, cities and towns,
lericans of all ages, all interests, arid
political persuasions took part in
^arth Day.
Spontaneous, unplanned, Earm Day
as a true grass; oots m.ovement. It ir-
jvocably established the environmental
sue as a public concern with a broad
iDiistiiuency. No longer could the issue ^
isnored by the press or the poliiicians.
llarth Day made the environmental issue,
part of the daily national political dia-
igue — a pierequtsite for achieving
eaningful action on a broad scale. •
Earth Day dramatized the widespread
iblic concern for the environment, but
v,as cloar that a sustained, long-term
citizen e1T;:-rt to improve environmental
lality was necessary.
In 1.^71. I int'oduced a resolution in
10 Senate calling for an annual Earth
eek each April. By providing; contintP
. .'i education on all aspects of environ-
riental problems. Earth Week was to be
must
c iy(
fo
oir
we
new
P
n lovi
w orth\
farif
V
na
eivi
rated
t c
cf
.' m(
all
the foundation for a long-range citizen
commitment to the environment.
Earth Week began to flower in April
1971. and its activities have remained
centered at the grassroots level, as it
should be. Community groups, institu-
tions, and individuals use the week to
take a hard look at the past year's en-
virormiental accomplishments, to re-
assess their needs and priorities, and to
continue to search for solutions to our
many complex problems.
One of the most important aspects of
Earth Week is the participation of grade
schools, high schools, and colleges around
the Nation. Environmental education
programs, aimed at teaching young peo-
ple to preserve and protect the environ-
ment, are rapidly being developed. Eqirth
Week serves as a time to highlight these
educational programs, and many thou-
sands of students have participated in
Earth Week activities with films, lec-
tures, and special projects.
With each passing year, the environ-
mental issue has gained support within
all segments of American life, from the
local to the national level. By thrusting
the environmental issue into the press,
the national political dialog, and the
daily conversations of millions of Ameri-
can.H. Earth Dav and Earth Week set the
stage for broader political action than
would have been possible before April 22,
1970.
As we review some of the achieve-
ments, and plan for Earth Week 1973, we
have some cause for optimism.
We now have tougher laws on hard
pesticides and on a wide range of other
problems. W3 have bigger budgets for
environmental concerns, stronger agen-
cies and a greater consideration of the
environment in our decisionmaking.
We have also had srme success in
shattering a very pervasive myth which
has held back a good deal of environ-
mental progress. That myth said en-
vironmental protection is too expensive,
too costly in t'le traditional dollars and
cents measure. But studies have pro-
duced compellir. : evidence that environ-
mental protection will be cheaper than
continued pollution. For example, the
annual economic damage from dirty air
alone will soar to $25 billion by 1977,
exacting its price in illness, shortened
lives, damaged property, and ruined
crops. But if we were to make an ade-
quate investment in air cleanup, the
country would nn almost $2 billion in
annual savings in 5 years.
At last, arguments for pollution con-
trol and environmental protection are
beginning to be heeded, and this country
is seriously addressing the environmental
crisis.
But perhaps the chief step forward
during the last 4 years has not been po-
litical, but philosophical: A new under-
standing of the environment and of our
place in it.
Finally, we are evolving an environ-
mental ethic in this country. We are be-
ginning to realize that we arc a part of
the whole interdependent fabric of life
and that whatever affects the environ-
ment sooner or later affects man. That
ethic wiU give us an increased regard, a
heightened concern, a new respect for
our environment.
Ill the long run, it will be the public
attitude of concern for the environment
that will bring about lasting progress in
solving our problems. Earth Week, by
encouraging, sustaining, and renewing
that attitude of concern, plays an im-
portant role in preserving and protect-
ing the quality of life in America.
, All Senators are welcome to cosponsor
Senate Joint Resolution 2. If you are in-
terested, please contact me or my stafif.
I ask unanimous consent that the text
of the joint resolution be printed at this
point in the Record.
There being no objection, the joint
resolution was ordered to be printed in
the Record, as follows:
S.J. Res. 2
Whereas the environmental issue ranks
very high on the scale of general p\ibllc con-
cern, and Is of Importance to a broad spec-
trum of Americans of all ages, Interests and
political persuasions, and
Whereas there is a need and desire for con- i
tinulng environmental education, and for a /
continuing nationwide review and assess- '
ment of environmental progress and of fur-
ther steps to be taken, and
Whereas Earth Week, 1971 and 1972, and
Earth Day. 1970, have been nationwide edu-
cational events promoting a greater under-
standing of the serious environmental prob-
lems facing our Nation, and encotiraglng a
persistent search for solutions, and
Whereas Earth Week last year was pro-
claimed by the President of the tJnited
States, the Governors of 45 states and the
Mayors of more than 100 cities, and was sup-
ported by many members of lx)th parties In
both Houses of Congress, and
Whereas Earth Week has been the focus
of special environmental education projects
of hundreds of thousands of grade school,
high school and college students, and
Whereas Earth Week has provided a base
for the continuing commitment by all In-
terests. Including education, agriculture,
business, labor, government, civic and private
organizations and individuals. In a coopera-
atlve effort to preserve the Integrity and
UvabiUty of our envlrorunent: Now, there-
fore, be It
Resolved by the Senate aiid the House of
Representatives of the United States of
America in Congress assembled. That April
9th through April 15th be designated as
Earth Week, 1973, a time to continue the
nationwide effort of education on environ-
mental problems, to review and assess en-
vironmental progress and to determine what
further steps must be taken, and to renew
the commitment and dedication of each
American to restore and protect the quality
of the environment.
By Mr. DOLE < for himself and Mr.
Pe.\rson» :
S.J, Res. 3. A joint resolution to provide
for a 1974 centennial celebration observ-
ing the intrcduction into the United
States of Hard Red Winter wheat. Re-
ferred to the Committee on the Judici-
arj'.
CENTENNIAL OF HARD RED WINTER WHEAT
Mr. DOLE. Mr. President, 100 years
ago a group of Russian Menncnite fami-
lies settled in the central area of Kansas
in an area which now includes the town
of Hillsboro. From their native land, they
brought a quaiiUty cf v.heat seed which is
planted in the fall and harvested late the
following spring. This winter wheat has
in'oved to be one of the most important
crops of this Nation and certainly to the
State of Kansas.
Its distinct milling and baking quali-
Januarij i, 1973
CONGRESSIONAL RECORD — SENATE
309
ties haye put it in demand throughout
the world. The crop has prospered far
better in this Nation than it did in its
native land.
Today, my distinguished colleague
from Kansas 'Mr. Pearson i is join-
ing me in the introduction of a joint res-
olution to provide for a centennial cele-
bration observing the introduction of
Hard Red Winter Wheat in the United
States. Another Kansan, Congressman
Keith Sebelius, is introducing a com-
parable resolution in the House cf Rep-
resentatives.
Mr. President, in the past year we saw
a new record in export sales — with 1.2
billion bushels of wheat being shipped
throughout the world, and a major por-
tion of that quantity was winter wheat.
With this added contribution to the gen-
eral economic welfare of the Nation, it
is most appropriate that this resolution
for Congress to request a presidential
proclamation calling on the people of
the United States to recognize this cen-
tennial.
The resolution is appropriately drafted
to recognize the State of Kansas and its
wheat farmers in the State where the
first winter wheat was grown. The res-
olution also will provide the means to
recognize this ccmmodity vhich enables
baking of bread— the "staff of life" which
through the years is one of the most im-
portant sources of human nutrition that
sustained the individuals who developed
this great Nation.
Mr. President. I would ask that the
text of this resolution be printed in the
Record and urge my colleagues to give
this matter prompt attention that plans
for appropriate recognition can be im-
plemented.
There bein<j no objection, the joint
resolution was ordered to be printed in
the Record, as follows:
S. J. Res. 3
Resolved by the Senate and House of Rep-
resentatives of the United States of Ameri-
ca in Congress assembled. That, In recogni-
tion of the national and international slEcnlfi-
cance of the Introduction of Hard Red Win-
ter wheat Into the tJnlted States in 1874
and the advantages it has brought to our
way of life by Increasing the supply of grain
essential to the Nation's diet, permitting the
cultivation of the High Plains area, giving
Impetus to the development of the farm Im-
plement industry, and providing a nutritlovis
staple for our food-for-peace program and
for combating malnutrition and hunger
throughout the world, the year 1974 be des-
ignated as a "Centennial for Celebrating the
Introduction Into the United States of Hard
Red Winter Wheat", and the President is
requested to issue a proclamation calling on
the people of the United States to observe
such centennial, with appropriate ceremo-
nies and activities to be focused in the State
of Kansas where such wheat was first grown
in the United States.
By Mr. DOLE:
S.J. Res. 4. A joint resolution to au-
thorize and request the President to issue
a proclamation designating a week as
"National Welcome Home Our Prisoners
Week" upon the release and return to the
United States of American prisoners of
war in Southeast Asia. Referred to the
Committee on the Judiciary.
National welcome home our prisoners week
Mr. DOLE. Mr, President, all Ameri-
cans are anxiously awaiting the day
when American prisoners of war in
Southeast Asia will be retui"ned to the
United States. In anticipation of that
day which is hopcfu!ly drawing nearer,
I have become an advisory board mem-
ber of a group that is preparing a heart-
warming welcome for the returning pris-
oners in which all Americans can par-
ticipate. I am today introducing legisla-
tion authorizing and requesting the Pres-
ident to issue a proclamation designat-
ing a week as "National Welcome Home
Oar Prisoners Week" upon the release
and return to the United States of
American prisoners of war now being
held in Vietnam.
Mr. President. I have visited person-
ally with families of POWs and MIA's,
as well as some ex-POWs themselves,
who have expressed concern over the
problems which these prisoners will face
once they return home. These informed
individuals express a belief that the re-
turned prisoners will feel they are re-
turning to a hostile environment and
may. in fart, wonder if the American
people arc genuinely glad to have them
home and appreciate their sacrifices.
This feeling results from the prisoners'
past expo.nire to very sophisticated Com-
munist propaganda. It is therefore vital
that when the men do return home, ihey
be made aware of the fact that all Amer-
icans stand united in welcoming them
home.
It is incumbent upon us ps a Nation to
show our appreciation for the sacrifices
of these prisoners and their families. Our
gratitude should be expressed not only
in word but in deeds and ceremonies
commemorating their return. Unfortu-
nately, we cannot adequately repay these
m.en for their contribution to the effort
in Vietnam. The .vears of separation from
their famines and loved ones cannot be
recaptured nor can the physical and
mental effects of the years of grief and
suffering endured by the wives and fam-
ilies of the over 1,800 POW's and MIA's
be erased. But we can and must show our
appreciation to these men for their serv-
ice above and beyond the call of duty.
We can and must express our awareness
of and sympathy for hardships endured
by these men and their families.
Th^ Department of Defense has made
elaborate plans to deal with the recep-
tion, processing, rehabilitation, and re-
adjustment of the /eturned prisoners of
war. A special task force is in existence
to deal with special problems v.hich
might arise for these men and their fam-
ilies. Private organizations have also
taken steps to insure that this country
gives proper recognition to the return of
the prisoners. I would now ask that my
colleagues join in support of this resolu-
tion which decl'ires that it is the desire
of Congress that the prisoners and their
families receive national recognifon and
due acclaim for their sacrifice in the
sei-vice of our country. I
By Mr. B AYH :
S.J. Res. 5. A joint resolution propos-
ing an amendment to the Constitution
of the United States lowering the age
requirements for membership in the
Houses of Congress. Referred to the Com-
mittee on the Judiciary.
constitutional amendment lowering the
age elicibilrry for service in the house
and senate by 3 years
Mr. BAYH. Mr. President, today I am
reintrodudng a proposed constitutional
amendment to lower the age of eligibility
for the Senate and House by 3 years, the
same reduction as the lowering of the
voting age ratified in the last Concress as
the 26th amendment. In the 9 years I
have served as chairman ol the Senate
Subcommitiee on Constitutional Amend-
ments, I have seen few proposals sup-
ported by such compelling logic and
reason as this one.
These young people are mature enough
and well-educated enough to serve in the
Congress. They have earned the right to
serve by their participation in all aspects
of today's society— from paying taxes
and the draft to responsible political and
community activity. And perhaps most
important, they have something con-
structive to offer by serving in the Con-
gress— courage and energy, crcativcness,
and idealism — attributes always in short
supply anywhere in our society.
Despite the fundamental recognition
in our Declaration of Independence that
all men are created equal, we know that
our Constitution was not so egalitarian.
Many others were not deemed to be cit-
izens. Many others were barred from vot-
ing—or from holding office— for reasons
totally unrelated tc their talents and abil-
ities. We have done much already to rem-
edv thLs problem. Indeed, the most com-
mon subject of constitutional amend-
ments since the Bill of Rights is expan-
sion of the democratic process. The 14th
amendment made all native born persons
citizens. The 15th amendment outlawed
racial discrimination in voting. The 19th
amendment granted the francMse to
women. The 24th amendment struck
down the poll tax. And just last year, the
26th amendment reduced the voting age
in all elections to 18.
Now is the appropriate time to look to
the question of eligibility for service in
the Congress. By enfranchising 11 mil-
lion vounger voters, we have shown them
that we have confidence in them. We
have said that they deserve to participate
fully in the political process. But one
vitally important part of that process
remains constitutionally out of their
gra.sp; none cf them can become a Con-
gressman until age 25 nor a Senator until
age 30. We tapped a vast reservoir of
talent and initi.\tive. industry' and imagi-
nation, by lowering the voting age. But
unless Federal elective offices themselves
are opened up to younger people, I feel
we will not gain the full benefit we can
realize from their tiUents.
Of course, relatively few people actually
have the honor of serving in the Con-
gress. And I su .pect that relatively few
younger people would be elected because
of this amendment. But that is be-side the
point. Younger citizens oufrht to have the
constitutional right to ti-y for Federal
oflBce.
This proposal lowers but does not
totally eliminate the constitutional age
barrier. A cogent argument can be made
for the proposition that we should elim-
inate all such barriers; if the voters feel
that a 15-year-old is the candidate best
qualified to represent them, they should
be allowed to select him to serve. But I
310
I
CONGRESSIONAL RECORD — SENATE
January I^, 1973
a rr not now prepared to say that the
F Dunding Fathers were wrong when they
e; tablished a minimum age for Mem-
fa ;rs of Congress higher than the mini-
n um age of those entitled to vote for
tliose same Members. All age limits — be
tliey for voting or for holding office — are
a -bitrary. But there is logic and reason
ill requiring some additional maturity of
tliose we elect to the Congress.
For these reasons my proposal lowers
t: le existing age limitations — 30 for the
S?nate and 25 for the House of Repre-
.- 'ntatives — by 3 years, just as we lowered
t le generally prevailing voting age by 3
y ?ars in ratifying the 26th amendment.
This proposal — like the 26th amend-
ment— is fully justified by physical and
intellectual changes since the Constitu-
t on was first written. For example,
piysical maturity now comes much ear-
1: er. Less than a century ago. men tended
t ) reach their full height at age 26; now
n lOst American males are fully grown at
H or 19. The distinguished anthropolog-
i; t Margaret Mead testified before my
sibcommittee that the age of maturity
hi as declined by 3 years over the past
c ?ntury. Young people are much better
educated today: in 1920 less than 20 per-
cent graduated from high school; now
almost 80 percent graduate — and more
t lan half of these go on to at least a year
of college. The simple fact is that our
vDunger citizens are mentally and emo-
t onally capable of full participation in
all aspects ef our democratic form of
government.
We cannot afford the luxury of barring
}■ ighly qualified people from serving in
Congress. The interesting fact is that
cesplte the bar, at least five men have
teen elected to the Senate before their
3 0th birthday. Just last November one
cf our distinguished colleagues. Senator
HiDEN, was elected even though he had
\et to attain the minimum age of 30.
][enry Clav was actuallv 5 months short
c f age 30 when he took his seat in the
i enate — apparently in violation of the
constitutional limitation. It is likely that
even more Members of the House were
elected at age 25 or below. The young-
f St ever to serve in the House was elected
i t the age of 22. Surely these figures in-
c icate that the existing age limits are too
1 .igh.
Moreover, the great majority of our
States and a number of the major counr
tries of the world have taken steps to
lower the age of eligibility for legislative
service, and this trend has greatly ac-
( elerated in the 20th century. If the
membership age for the House were de-
( reased by 3 years, as we are today pro-
1 losing, there would still be 18 States in
n-hich even younger citizens could serve
i n either House of the legislature, and 42
States in which younger citizens would
lie eligible to serve in the lower Hou^e,
: ndividuals below the age of 22 may serve
in the legislatures of many of the leading
nations of the world, including, for ex-
ample. Australia, Canada, the People's
: Republic of China, Great Britain, In-
( .onesia. New Zealand, Switzerland, Costa
: lica, Finland, Sweden, and Denmark.
We set a new record in ratifying an
i.mendment to the Federal Constitution.
' The 26th amendment became effective
ust 100 days after it was sent to the
i States by the Congress. I believe that the
incredible speed of this ratification and
the enthusiasm with which the proposed
amendment was met in Congress and in
the States demonstrates the trust and
confidence Americans across the land
have in otir younger citizens. I plan to do
,all that I am able, as the chairman of
the Subcommittee on Constitutional
Amendments and as one Member of the
Senate, to make sure that this proposal
gets a fair hearing and prompt action.
Mr. President. I ask unanimous con-
sent to have printed in the Record at the
conclusion of my remarks the text of the
joint resolution I am proposing today
together with some analytical material
on the minimum age for service in State
legislatures and in legislatures of foreign
countries.
There being no objection, the material
was ordered to be printed in the Record,
as follows:
S.J. Res. 5
Resolved by the Senate and House of Rep-
resentatives of the United States of America
in Congress assembled (two-thirds of each
House concurring therein). That the follow-
ing article Is proposed as an amendment to
the Constitution of the United States, which
shall be valid to all Intents and purposes as
part of the Constitution when ratified by
the legislatures of three-fourths of the sev-
eral States within seven years from the date
of its submission by the Congress:
"ARTICLE —
"Section 1. No person who shall have at-
tained to the age of twenty-two years shall
be disqualified to be a Representative on ac-
count of age.
"Sec. 2. No person who shall have attained
to the age of twenty-seven years shall be
disqualified to be a Senator on account of
age."
ments lower than those proposed by this
amendment. (See the attached list of mini-
mum age requirements In the States and In
selected foreign countries) .
MINIMUM AGE REQUIREMENTS FOR SERVICE IN STATE
LEGISLATURES
Fact Sheet on Proposed Amendment To
Lower the Age of Eligibility for Service
IN Congress
Yoiinger citizens are better educated today
than ever before:
Hl^h School graduates: 1910, 13.5'^ : 1970.
75.4 "r ,
One or more years of College: 1970 39.5%.
College graduates: 1910, 2.77r: 1970. 16.4%.
These youths are receiving more education
than their parents; of those enrolled In col-
lege 61 % of the whites and 71% of the blacks
came from families whose head had never
been to college.
Most younger citizens are holding down
jobs and contributing to our society. In 1969.
65% of the men between the ages of 20 and
24 were working In the civilian labor force:
22% were serving their country In the armed
services: of the young women In this age
category. 57% were In the civilian labor
forces; 34% were keeping house as a prime
activity. Most of these young people, 95%
of the men and 77 percent of the women,
were earning an Income.
The median age of Members of Congress
has tended to Increase over the years —
Median Age
46.7 —
50.5 --
57.7 :. --
58.5 51
Age
State
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine ,
Maryland
Massachusetts..
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina.
North Dakota...
Ohio
Oklahoma
Oregon
Pennsylvania...
Rhode Island...
South Carolina.
South Dakota...
Te nessee
Texas
Utah
Vermont
Virginia.
Washington
West Virginia...
Wisconsin
Wyoming
House
Senate
21
25
21
25
25
25
21
25
21
21
25
25
21
21
24
27
18
18
21
25
25
30
18
18
21
21
21
25
21
25
18
IS
24
30
18
25
21
25
21
25
(')
(')
21
21
21
21
21
25
24
30
21
24
18
(?)
18
30*
21
21
30
21
25
(')
(')
18
25
21
25
21
21
21
25
21
21
21
25
21
21
21
25
25
25
21
30
21
26
25
25
21
30
18
18
18
18
21
25
18
18
21
25
' Constitution gives no age requirement.
■ Unicameral legislature.
Source: Citizens Conference on State Legislatures. Stale Con-
stitutional Provisions Affecting Legisatures; updated by in-
formation from the Library of Congress.
Year 1790:
Year 1850:
Year 1900:
Year 1950:
Year 1970: 56.4 52
Number of younger citizens who would be
made eligible to serve In Congress by this
amendment: House. 9.400,000; Senate, 7,900,-
000.
This proposed amendment is consistent
with practices In the State legislatures, and
In other countries. Eighteen States allow
those under 22 to serve In both Houses of
their legislatures: 42 allow these younger
citizens to seri-e In the lower house. Many
foreign countries have minimum age require-
MINIMUIVI AGE REQUIREMENTS FOR SERVICE IN LEGISLA-
TURES OF SELECTED COUNTRIES
Australia
Austria
Belgium
Burma —
Cambodia
Canada -..
China (mainland).
China (Formosa)..
Costa Rica
Denmark
Ecuador
Finland
France
West Germany
Great Britain
Honduras
Iceland
India
Indonesia
Italy
Japan
Korea
Laos
Luxembourg
Malaysia
New Zealand
Netherlands
Norway
Philippines
Singapore. -.1
Sviden
Switzerland
Thailand
North Vietnam...
South Vietnam...
Lower
Upper
house
house
21
21
25
25
40
21
21
25
40
18
30
18
18
23 ...
21
21
25
35
20 ...
23
35
25
21
21
18
21
25
30
21
21
25
40
25
30
25
30
25
21
30
20
25
25
20
25
35
21
20
20
30
40
21
25
30
Januanj It, 1973
CONGRESSIONAL RECORD — SENATE
311
LEVEL OF SCHOOL COMPLETED BY PERSONS 25 YEARS OLD
AND OVER AND 25 TO 29 YEARS OLD, BY COLOR-
UNITED STATES, 1910 TO 1969
Percent, by level of
completed
school
Less than
5 years of
4 years
Median
elemen-
of high 4 or more
school
Color, age, snd
date
tary
school
school
or more
years of years
college completei
1
2
3
4
5
WHITE AND
NONWHITE
25 years old and
1
over:
19101 . ..
23.8
13.5
2.7
8.1
1920'.
1930'.
AprillSAO....
April 1950....
April I960....
March 1964...
March 1966..
March 1969..
22.0
16.4
3.3
8,2
17.5
13.5
10.8
8.3
7.1
6.5
5.5
19.1
24.1
33.4
14.1
48.0
49.9
54.0
3.9
4.6
6.0
7.7
9.1
9.8
10.7
8.4
8.5
9.3
10,5
U.7
12.0
12.1
25 to 29 years
old:
April 1940...-
April 1950....
April I960-...
March 1954..
f/tarch 1966...
March 1969...
5.9
4.6
2.8
2.1
1.6
1.3
37.8
51.7
60.7
69.2
71.0
74.7
5.8
7.7
11.1
12.8
14.0
16.0
10.4
12.1
12.3
12.4
12,5
12.6
WHITE
25 years old and
over:
April 1940..
April 1950...
April I960....
r^arch 1964...
M^rch 1966..
10.9
8.7
6.7
5.8
5.2
26.1
35.5
43.2
50.3
52.2
4.9
6.4
8.1
9.6
10.4
8.7
9.7
10.8
12.0
12.1
f;iarch 1939..
4.5
56.3
11.2
12. 2
25to 29 years old
1920'
12.9
22.0
4.5
8.5
April 19?0...
April 1950...-
April 1960...-
March 1964..
March 1966. . -
March 1969..-
3.4
3.2
2.2
1.6
1.4
1.2
41.2
55.2
63.7
72.1
73.8
77.0
6.4
8.1
U.8
13.6
14.7
17.0
10.7
12.2
12,3
12.5
12.5
12.6
NOf^WHiTE
25 years old and over:
April 1940... 41.8
A-,.ril 1950 31.4
7.7
13.4
.1.3
2.2
5.7
6.9
Apri! 19b0-..
23.5
21.7
3.5
8.2
March 1964..
18.6
27.5
4.7
8.9
March 1966-.
18.0
29.5
4.7
9.2
March 1969..
15.2
34.5
6.0
9.8
25 to 29 years old;
1920' 44.6
e.3
1.2
5.4
Ap"l 1940
26.7
12.1
1.6
7.1
April 1950...
April 1960-.-
March 1964
15.4
7.2
5.3
23.4
38.5
48.0
2.8
5.4
7.0
8.7
10 8
11.8
March 1966..
3.3
50.4
8.3
12.0
March 1969..
2.4
57.5
9.1
12. 1
1 Estimates based on retrojection of 1940 census data on
education by age.
Note: Prior to 1950, date excludes Alaska and Hawaii.
Source U S. Department of Commerce, Bureau of the Census,
1960 Census of Population, vol. 1, pt. 1, Current Population
Reports, Series P-20, l>los. 139, 168, and 194; Series P-19,
No 4 and la60 Census Monograph, Education ol the American
Population, by John K Folger and Ch;jtlcs B. Nam.
Analysis op Minimum Age Reqttirements
FOR Service in Foreign Legislatures, Pre-
pared BY THE Foreign Law Division ok the
Library of Congress
(Footnotes at end of each country.)
AUSTRALIA
(Prepared by Mrs. Marion G. Herring, Sen-
ior Legal Specialist, American-British Law
Division, Law Library, Library of Congress,
October, 1971.)
Members of Parliament must be 21 years
of age.
Section 34 of the Commonwealth of Aus-
tralia Constitution Act, 1900' states the
qualifications required for a member of the
House of Representatives as being 21 years
of age and an elector entitled to vote at the
election of the House of Ret)resentatlves and
with three years minimum residence within
the Commonwealth at the time he Is chosen.
There are other requirements.
Section 16 of the same Act provides that
the qualifications for a senator are the same
as those for a member of the House of Rep-
resentatives.
No acts can be found which change the
age of majority from 21 to 18 years.'
i^ Year Book of the Commonwealth, 1971,
at p. 58, states the qualifications for both
Houses of Parliament identically as provided
above.
AUSTRIA
(Prepared by George Jovanovlch. Senior
Legal Specialist, European Law Division. Law
Library, Library of Congress. October 1971.)
There are two distinctive periods in the
constitutional development in Austria. The
first is up to the end of World War I when
Austria was a monarchy and the second, the
post World War I period, when Austria was
a parliamentary republic, with the exception
of the time of the German occupation '
when the Constitution was suspended In
1938 and reintroduced by the Law of May 1,
1945,"
During the first period there were several
constitutions and constitutional amend-
ments. The first direct right to vote was
Introduced by the Law of January 26. 1907,
as an amendment to the Constitution of
1867. as amended in 1896." The amendment
provided for the voting right at the age 24
for Austrian citizens with residence of at
least one year In the electoral district, as well
as the age requirement of 30 years for elec-
tion to office (Sec, 7), The passage of this
Law was due to workers' demonstrations and
the fear of a revolution Inspired by that in
Russia in 1905,«
The Republic came Into being with the
enactment of the Constitution of October 1,
1920, several times amended,^' which Is now
known as the Austrian Constitution of 1929,
as amended.
Article 26 of the Constitution provides for
the equal, direct, secret, and personal right
to vcte of all male and female citizens over
21 years of age, the right to be elected at the
age of 29,'' as well as certain restrictions on
the right to vote.
The Law Concerning Election to the Na-
tional Assembly ol May 18, 1949, contains a
constitutional amendment reducing the vot-
ing age to 20 (Sec. 22) and the right to be
elected to 26 (Sec, 46).' The amendment of
1957 did not affect the voting age or the age
for being elected."
The last amendment of the Law, known
as the Law Concerning Election to the Na-
tional Assembly of 1968, ^' Incorporated in the
revised text of 1970,-» reduced the voting age
to 19 I Sec. 24) and the right to be elected to
25 (Sec. 47).
The Library of Congress collection has no
stenographic record of the sessions at which
the above amendments were passed, and
therefore no Justiflcatlcn for such amend-
meifts can oe cited.
BELGIUM
1 63 & 64 Vict., c. 12, as amended to Dec. 31,
1967, Acts Com. Austl., 1901-1966, 1st Perm.
Supp. 1 (1967).
' Karl Braunias. Das Parliamentarische
Wahlrecht (Parliamentary Electoral Right).
Berlin, 1932. p, 406^34.
' Das Osterreichische Bundesverfassungs-
recht. v. 1. Mans ed. Wlen, 1961, p. 20.
3 Das Reichsgesetsblatt. No. 15/1907. Law
of January 26, 1907.
' Braunias. op. cit., p. 410.
E Das Osterrechsche Bundesverfassungs-
recht, op. ct., p. 60.
oAmas J. Peaslee. editor. Constitutions of
Nations, v. 3. Europe. The Hague, 1966.
• K. Frltzer. Das Bundesgesetz ilber die
Wabi des Nationalrates. Wien, 1949.
*■ W. Fritzer. Das Wahlgesetz. Wien, 1957.
» Bundesgesetzblatt No. 413/1968, Law of
November 13. 1968.
^" Amtliche Sammlung 6, Natlonalrats-
Wahlordnung 1970, Wiederveriaubarter Us-
terreichischer Rechtsvorschriften.
(Prepared by Dr. Virgiliu Stolcolu, Senior
Legal Specialist, European Law Division, Law
Llbrarv, Library of Congress. October, 1971.)
Among the conditions of eligibility to be
elected for the Belgian Parliament, the Con-
stitutions of 1831 states that candidates for
the Chamber of Deputies be at least 25
years of age (Art. 50, par. 3) , and for ^ he Sen-
ate, at least 40 years of age (Art. 56. par. 4).
These age requirements are still In force
(Les Codes Beiges, Constitution de la Bel-
gique. Bruxeiles, 1969). Research of the his-
tory of the above constitutional provisions
revealed no extensive comments on the re-
quired age or the legislative attempt to estab-
lish an age limit for candidates for the two
chambers In Belgium.
BURMA
(Prepared by Mya Saw Shin, Senior Legal
Specialist, Far Eastern Law Division, Law
Library, Library of Congress, Washington,
D.C. October, 1971.)
The Constitution of Burma was enacted In
1947 on attaining Independence from Great
Britain. By the terms of the Constitution, the
legislature consists" of a Parliament formed
of two chambers, the Chamber of Deputies
and the Chamber of Nationalities. Members
of both chambers are elected.
Article 76(1) of the Constitution states as
follows:
Every citizen who has completed the age of
twenty-one years and who Is not placed under
any disability or Incapacity by this Constitu-
tion or by law, shall be eligible for menjber-
shlp of the Parliament.
In 1962. there was a military coup d'etat.
Parliament was dissolved, and no elections
have been held since.
CAMBODIA
(Prepared by Mya Saw Shin. Senior Legal
Specialist. Far Eastern Law Division, Law
Llbrarv, Library of Congress. October. 1971.)
Although Cambodia made a declaration
of independence in 1945 while still under
JatDanese occupation. In actual fact It was
not until 1946 that the country achieved
autonomous status within the French Union,
while complete independence was not won
until 1953. The present Constitution was en-
acted m 1947.
According to the Constitution, the national
legislature consists of two chambers; the
Council of the Kingdom, and the National
Assembly. Part of the Council of the King-
dom is "formed of appointed members, and
the rest are elected. All the members of the
National Assembly are elected members.
By the provisions of Anicle 74, members
of the Council of the Kingdom cannot be
less than forty years of age. According to
Article 50, only persons not less than twenty-
five years of age are eligible for election to
the National Assembly,
Although the Constitution has been
amended from time to time, these age lim-
itations have remained unchanged since 1947.
CANADA
(Prepared by Mrs. Jean V. Swartz, Senior
Legal Specialist. American-British Law Divi-
sion, Law Library, Library of Congress. Octo-
ber. 1071,)
1, A member of the House of Commons
must be eighteen years of age.
Canada passed a new elections law known
as the Canada Elections Act' In 1970. Sec-
tion 20 provides the qualifications of a can-
didate for election and states they are the
same as those specified for an elector or one
deemed to be qualified as an elector by sub-
section 14(3). Section 14(1) provides that
every man and woman who Is eighteen and is
a Canadian citizen Is qualified as an elector.
Section 14(2) permits any person who will
be eighteen by the time of the election to reg-
ister. Section 14(3) permits a British subject
other than a Canadian citizen who was quali-
fied as an elector on the 25th of June 1968.
and who has continuously resided in Canada
3 2
fr ;m July 26. 1970 untU June 16, 1975. to
qualify as an elector.
2 A member of the Senate must be at least
3C years old, possess property worth .$4,000,
aid be a resident of the province for which
h« Is appointed by the Governor.- He must
retire at seventy-five years of age.
3. At the turn of the century a member of
i e House must have been twenty-one years
oil.
The British North America Act, 1867,' pro-
.lled in section 41 that any member of the
H )\ise of Commons should be a male British
^\ bject, aged twenty-one years and a house-
holder until such time as the Parliament of
Cunada provides otherwise. Section 69 of the
Djmtnlon Elections Act* removed the prop-
el ty qualification and provided that any
B 'Itlsh subject may be a candidate for a seat
Ir the House of Commons. It should be noted
,1 at section 10 stated that the qualification
fc r any person to vote at a Dominion election
si ould be those established by the laws of
1 at province as essential to enable such a
pi trson to vote in the same part of the
p ovlnce at a provincial election. In the same
ai t. section 32 establishes the qualifications
fcr voting In several provinces as these: male
B-ltish subject; twenty-one years old; a resi-
dent of the province for the last twelve
rr onths; and a resident of the electoral dls-
t! let where he wishes to vote for three
n onths Immediately preceding the Issue of
lie writ of election; and Is not an Indian.
4. Senators were appointed for life before
tl le passage of the British North America Act,
l'i65.
CONGRESSIONAL RECORD — SEN ATE
January 4, 197 S
Can. Rev. Stat. c. 14 {1st Supp.) (1970).
2 British North America Acts. 1867-1865.
24 fl967).
30&31 Vict. c. 3 (1967).
' Can. Rev. Stat. c. 6 (1906) .
Can. Stat. 1965, c. 4, § 1.
CHINA
(Prepared by Tao-tal Hsla, Chief and
llathrvn Haun. Research Assistant. Far East-
en'Law Division. Law Library. Library of
C ongress. October. 1971.)
The most marked difference In the age of
etifranchlsement In twentieth -century China
1: that between the required age under the
F epublic of China and the required age under
t le People's Republic of China. Article 130 of
t le Constitution of the Republic of China,
elective from December 25. 1947. provides as
fallows:
Article 13D: Any citizen of the Republic of
dhlna who has attained the age of twenty
vears shall have the right of election in ac-
c Drdance with law. Except as otherwise pro-
vided by this Constitution or by law, any
citizen who has attained the age of twenty-
t iree years shall have the right of being
cfected in accordance with law.'
Article 4 of the Electoral Law of the Peo-
ple's Republic of China fcr the National Peo-
f le's Congress and Local People's Congresses
rf All Levels, promulgated by the Central
I'eoples Government on March 1. 1953. specl-
^es that 'all citl.^ens of the People's Repub-
c of China who have reached the age of
(iig'nteen shall have the right to elect and
t 3 be elected. . . ." '
The lowering of the age of enfranchisement
hich occurred after the Communists estab-
ished the People's Republic of China on
iialnland China on October 1. 1949. accords
1 -ith the Communist Chinese policy of at-
tempting to give the government the broad-
« St possible base among the national cltlzen-
ly. Two groups which have been singled out
1 or special attention In the pursuit of this
lollcy are Xvomen and youth. The Peking
: eglme places a high value upon the support
(if Chinese youth, whose typical enthusiasm,
'Igor, and activism are much In the Image
(if the Ideal Communist Chinese citizen
I'hlch the regime portrays In its propaganda
I ,nd upon whose actual existence hinges tHe
I uccess or failure of the regime's activist do-
I nestle policies. The regime also doubtless
has a profound appreciation of the stumbling
block to the realization of Its policies ijrhlch
disaffected youth would constitute.
Youth is given a special place In the Draft
of the Revised Constitution of the People's
Republic of China, which is being circulated
in the West and which Is widely believed to
be authentic. Article 11 of this draft, which Is
not now in effect on mainland China, provides
that "all state organs must practice the prin-
ciple; of simplified administration; their lead-
ership organs must practice the revoltitlonary
three-in-one combination of army personnel,
cadres and masses, and of the old, the mid-
dle aged and the young." '
■ .4 Compilation of the Laws of the Re-
public of China, Volume 1. Taipei. 1967. pp.
31-32. The main exception provided for in
tlfe Constitution is the requirement of Ar-
ticle 12 that the President and Vice President
of the Republic must have attained forty
years of age. Ibid., p. 12.
- Fundamental Legal Documents of Com,-
munist China, edited by Albert P. Blaus-
tein. South Hackensack. New Jersey: Fred B.
Rothman & Co.. 1962. p. 194.
j For the text of an English translation of
the Draft of the Revised Constitution of the
People's Republic of China, see Background
on China. B. 70-81. November 4, 1970. The
Chinese text of the draft constitution appears
In Chung yang jih pao [Central Daily News).
November 5. 1970.
FRANCE
(Prepared by Dr. Domas Krivlckas. Senior
Legal Specialist. European Law Division. Law
Library. Library of Congress, October, 1971.)
Jean-Paul Charnay in his capital work on
French elections observed that "the age of
eligibility, inider democratic pressure, has
undergone a constant decrease." >
This decrease was the following:
(a) for the lower house: tmder the Char-
ter of 1814 — 40 years of age, under the Char-
ter of 1830 — 30 years, from 1848 to 1940 — 25
«ears. and under the IVth Republic — 23
Tears.
(b) for the Senate: under the Illrd Re-
public— 40 years, and under the rvth Re-
public (The Council of the Republic) — 35
years of age.
At the present time, the age requirements
for candidates are the following: to the Na-
tional Assembly — 23 years of age (Art. L. 45) .
for the Senate — 35 years of age (Art. L.O.
296),- and for a departmental and municipal
councillor — 21 years of age.'
No upper age limit has been found which
would bar candidates or Incumbents to be
elected or hold office because of advanced
years.
The Age of Majority Act (Northern Ire-
land), 1969, c. 28, amends the law relating
to the age of majority, and reduces the age
of majority from 21 to 18. Schedule 2 there-
of lists the statutory provisions unaffected
by the Section providing for such reductions
in the age of majority. Section 7 of the
Parliamentary Elections Act, 1695 remains In
effect which requires members of Parliament
to be at least 21 years of age.
' Jean-Paul Charnay. Le suffrage politique
en Frafice. Paris, Mouton & Co., 1965 p. 338.
•Code electoral. Paris, Journal offclel, 1969.
p. 11 and 73.
'Law of December 23. 1970. Journal offl-
ciel, Dec. 25. 1970. p. 11956.
GREAT BRFTAIN AND NORTHERN IRELAND
(Prepared by Mrs. Marion G. Herring,
Senior Legal Specialist, American-British Law
Division. Law Library, Library of Congress.
October. 1971.)
Members of Parliament must be at least 21
years of age.
The Parliamentary Elections Act, 1965, 7 <fe
6 Will. 3. c. 25. J 7,' limits persons under the
age of 21 years (minors) from serving in any
future Parliament.
The Parliamentary Elections (Ireland) Act,
1823. § 74. places similar limitations on mi-
nors' rights to serve In Parliament.
Although In general a person now attains
the age of majority In England at eighteen
under the Family Reform Act, 1969.' this
does not permit anyone under twenty-one to
sit as a member of Parliament.
Section 13 empowers Northern Ireland to
make laws similar to its provisions In Part I
of the Family Law Reform Act, 1969 (to
reduce its age of majority) ,
1 The whole Act, except s 7 was repealed
by the Repressntation of the People Act,
1948, 11 & 12 Geo. 6, c. 25, § 80 and Sch. 13,
and the Electoral Law Act ( Northern Ire-
land) 1962, c. 14. § 131 and Sch. n.
- The Family Law Reform Act, 1969, c. 46,
§ 1(4) lefers to Schedule 2 which lists the
statutes which are unaffected by Section 1
which reduces the age of majority from 21 to
18. Schedule 2. para. 2. states: "The Rep-
resentation of the People Acts (and any
regulations, etc.i, section 7 of the Parlia-
mentary Elections Act. 1965. section 57 of
the Local Government Act. 1933 and any
statutory provision relating to mtmlcipal
elections in the City of London within the
meaning of section 167(1) (a) of the Rep-
resentation of the People Act. 1949."
INDIA
(Prepared by Mrs. Marlon G Herrins. Sen-
ior Legal Specialist. American-British Law
Division. Law Library, Library of Congrpsa,
October 1971.)
Members of Parliament must be 30 years
of age to sit in the Cotincil of States and not
less than 25 years of age to sit In the House
of the People.
The Constitution of India, art. 84.' states
the qualifications for a person to fill a seat
in Parliament. They must be citizens of India
and th'rty years of age to hold a seat 'n the
Council of States and twenty-five years of
age to sit in the House of the People.
Other qualifications must be met.
'India (1970) (as printed in II A.I.R. Com-
mentaries (2d ed. 1970) .
ITALY
(Prepared by Kemal Vokopola, Senior
Legal Specialist, European Law Division. Law
Library, Library of Congress. October 1971.)
/. Historical background
Italy has enjoyed a parliamentary system
similar to those of other Western European
countries, and especially that of England,
since its unification in 1870.'
The legislative branch of the government
was based on the Constitution of King Carl
Albert (1848) (Statuto Albertino) . first,
adopted for the Kingdom of Piedmont and
Sardinia and, after the unification, extended
to the entire Italian peninsula and Islands.
Under the provisions of this Constitution
and the laws enacted for elections (of both
the active and passive electorate) in 1848,
1860, 1870. 1882. 1912-1913, and 1019 (a^ well
as those of 1923 and 1926 enacted by the
Fascist Regime) to the Houre of Represent-
atives, or Lower House, and the Law of 1848,
to the Senate, there was some continuity In
the parliamentary system for over three
quarters of a century.
Under the above-mentioned laws, the
House was a popularly elected political rep-
resentative body. Elections were held every
five years. The members of the Senate, or
the Upper Chamber, were appointed by the
King.
Members of the House had to have reached
the age of 30. In order to vote, illiterates
were required to have reached the age of 30.
and men who had attended grammar school
or had served In the armed forces. 21 years.
The Law of 1882 reduced the entire voting
age to 21.
For appointment to the Senate a person
had to have reached the age of 40 and be-
long to one of the 21 categories of citizenry
such as nobles, high Church dignitaries, im-
portant political figures, men of science and
Januarij 4 1973
CONGRESSIONAL RECORD — SEN ATE
313
education, and captains of Industry. In other
words, he had to have distinguished himself
In some way and rendered great service to
the nation. Appointment was for life.
There were also de jure members of the
Senate. This category included all the
princes of the Italian royal family.
With the advent of Fascism in 1922. the
Italian parliamentary system was replaced by
the Camera delle Corporazlonl (Corporative
Chamber) which v/as not an elected body but
was selected by the Grande Consiglio del
Fascismo (Great Coimcil of Fascism) .=
II. T)ie Italian Republic
The end of World War II marked not only
the defeat of the Fascist Dictatorship, but
brought about basic structtu-al changes in
the State. Italy was proclaimed a republic
and reacquired a parliamentary system where
both houses of Parliament were elected by the
people. Moreover, the Constitution of 1947
granted the right to vote (active and passive)
to women. It established the voting limit at
21 years of age to elect a member of the
Lower House and 25 years to vote for a
member of the Upper House (a senator).
To run fcr elective offices, t^e Republican
Constitution fixed the age i(iT the lower
House at 25 and that frr the Senate at 40.
with the election being held for both of these
bodies every five years. T'ne Constitution,
however, granted the right to the President of
the Republic to appoint 5 senators out of a
body of 315 for life. No uprjer age limit was
found for tenure in or appointment to an
elective office.
' Emilio Crosa. Diritto costituzionale. 3rd
ed. Torino. 1951. p. 292 ff; Carlo Cereti.
Diritto costitusicmale . 6th ed. Torino, 1963.
p. 392 ff; Ciro Conte. LOrdinamento el'tto-
rale italiano. 3rd ed. Torino. 1959. p. 232 ff;
Novis^imo diiesto italiano. Torino. 1958. v. 2.
p. 787 ff and v. 12. p. 400 ff; Enciclopedia del
diritto. V. 5. Varese, 1959. p. 1011 ff: Grande
di^iovarin cnciclo'Cdico. v. 7. Mllano, 1964.
p. 210 ff; Lcggi e decreti: years 1958 to 1926.
- Cereti, op. cit., p. 395.
JAPAN
(Prepared by Sung Yoon Cho, Senior Legal
Specialist, Far Eastern Law Division, Law
Library, Libran- of Congress. October. 1971.)
Article 10 of the Public Office Election
Law ' established the age limit for members
of the House of Representatives and the
House of Councillors as follows:
Article 10: Japanese nationals shall possess
the right to be elected members of the
Diet . . . according to the distinction pre-
scribed under each of the following Items:
( 1 ) With respect to members of the House
of Representatives, persons who are full 25
years or more of age;
(2) With respect to members of the House
of Councillors, persons who are full 30 years
or more of age.
(3)-(6) lOmltted],
The Lower House
The original House of Representatives
Election Law of 1889 set the age limit for
members of the lower house at 30 years old.
In spite of major revisions of this Law which
took place In 1900, 1919, 1928, and 1934, [the
age qualification remained the same until
December. 1945 when It was finally lowered
by five years to 25.) During this long period,
however, numerous legislative proposals were
made to reduce the age limit to 25 for various
reasons. For example, the bill introduced in
1919 stated, inter alia, one reason as follows:
"as it is reasonably expected that man is
likely to attain his maximum growth po-
tential ... in the age between 25 and 50
years of age it is deemed necessary to elect
representatives from much wider age groups
by reducing the present age limit to 25 years
old." = Other reasons stated for reducing the
age qualification were: (1) the same age limit
as certain classes of the upper house mem-
bers (counts, viscounts and barons) who are
qualified to be members at the age of 25
should be maintained; (2) the present age
should be lowered so as to conform to the
voting age of 25 and (3) more countries
limited the age of qualification to 25.-'
Several bills were also introduced in 1919
and thereafter in an effort to reduce the age
limit to 20 years old without much success.
The major reasciis for these attempts ap-
pe.ired to have been based on the considera-
tions that younger representatives by adapt-
ing themselves to rapidly changing social
needs would be of better service to the coun-
try, and that the majority and conscription
ages were 20 years old.'
In December. 1945. the House of Repre-
sentatives Election Law was amended for the
first time to reduce the age for eligibility for
membership to 25 years old. At the same
time, the voting age was lowered to 20 from
the previous 25 years old. The Japanese Gov-
ernment spokesman explained the reason
for the amendment in part before the Diet:
"In light of the improved social and politl-
cil status of women and male youth. It is
appropriate to lower the voting age as well
as the ca;ididate's age, while granting equal
rights to both sexes." •"■
The new Constitution of 1946 declares that
"universal adult suffrage is guaranteed with
respect to the election of public officials"
(Article 15). Finally, In 1950, the House of
Representatives Election Law was without
any change, incorporated Into the aforesaid
Public Office Election Law, which is In force
today. Since the:i no further efforts were
made to lower the age qualification.
The Upper House
The origin of the House of Peers, predeces-
sor to the House of Councillors, was pecu-
liar. No provision was made for such a body
by the Meiji Constitution or by statutory
law. It owed its existence solely to an Im-
perial Ordinance promulgated on the same
dav as the Meljl Constitution, February 11,
IBS'?."
The membership of the House of Perrs
consisted of six classes usually appointefi fiy
the Emperor; (1) princes of the blood; (2)
prl:iC8S and marquises; (3) representatives
of the three lower orders of the nobility
such as counts, viscounts and barons; (1)
imperial nominees selected for service to t'le
state; (5) and representatives of the Imperi a)
Academy.
The lower age limit for members was, in
general, 30 years, with the following excep-
tions: princes of the blood may enter the
house upon attainment of majority (20
years old); counts, viscounts and barons at
25; while the high taxpayers' representa-
tives must have attained the age of 40."
The House of Councillors Election Law of
1947, which came into force in August 1948,
stipulated the same voting qualifications as
the statute governing the Hou.se of Repre-
sentatives, but the age of the candidacies
was set at 30. In 1950 the basic principles of
the above law were codified into the present
Public Officials Election Law mentioned
above.
ment and Politics, New York, The Century
Co., 1932, pp. 166-167.
THE REPUBLIC OF KOREA
(Prepared by Sung Yoon Cho, Senior Legal
Specialist Par Eastern Law Division Law
Library. Library of Congress, October 1971.)
During the Japanese Occupation of Korea
from 1910 to 1945, the Korean peoples were
denied political rights. The new democratic
Constitution that adopted a unicameral as-
sembly was promulgated in 1948. The Na-
tional Assembly EHection Law of 1950, en-
acted pursuant to the constitutional provi-
sions, set age limits for candidates at 25
years. The constitutional amendment of 1954,
however, provided for the creation of a bi-
cameral assembly. Therefore, the Election
Law was revised In June, 1960, so as to in-
corporate a new provision requiring the age
qualification for members of the upper house
to be set at 30 years old. The general elec-
tions of July 29, 1960, were the first in which
members of both lower and upper houses
were elected.
Immediately after the Military Revolution
of May 16, 1961, the Election Law of 1960 was
repealed and the upper house was suspended
indefinitely after a nine-month existence.
Under the new National Assembly Election
Law of 1963.' which Is In force today, the
country again returned to the unicameral
system of the assembly. The age qualification
for the National Assemblymen under the
present law is 25 years old (Article 9) .
- Law No. 100, April 15, 1950, as amended
by Law No. 127, 1970.^
- Shugi-in giin senkyoho ni kansvru cliosu
shiryo [Research Materials Relating to
Amendments to the House of Representative.-)
Election Law], vol. 1, p. 3. (Author, put>-
lisher and date unknown i .
" Shotaro Miake and others, Futsu senky-
oho shaky gi [Comentaries on the Popular
Election law], Tokyo, Shokado, 1927, p. 63.
« Ibid.
» Japan, House of Representatives, Dai
hacniju kyu kai Teikoku Gikai tsuka horitsu
shingi yoroku [Excerpts of Deliberations of
Laws Passed in the 89th Session of the Diet],
1945. p. 2.
'Political Reorientation of Japan, Septem-
ber, 1945, to September, 1948, Report of Su-
preme Commander for the Allied Powers,
Washington, D.C.: U.S. Government Printing
Office, p. 181.
'Harold S, Quigley, Japanese Govem-
' Law No. 1256, January, 1963, as amended
by Law No. 2088, January 23, 1969.
LAOS
(Prepared by Mya Saw Shin, Senior Legal
Specialist Far Eastern Law Division Law
Library, Library of Congress, October 1971.)
By the terms of Its Constitution, promul-
gated in 1947, the legislature of Laos con-
sists of the National Assembly, whose mem-
bers are elected.
According to the Ordinance-Law No. 14 of
February 5, 1960, relative to the election of
Deputies to the National Assembly, candi-
dates must be at least thirty years old as of
January 1 of the election year. This age must
be verified, according to Article 13, by the
presentation of a judgment, a birth certifi-
cate, or an "acte de notoriete" (certificate of
identity), these documents to date at least
one year before the closing date for candi-
dacies.
LUXEMBOURG
(Prepared by Dr. Virglllu Stolcolu. Senior
Legal Specialist, European Law Division. Law
Library, Library of Congress, October, 1971.)
In Luxembourg, the Constitution of 1868,
as amended, requires that candidates for the
Chamber of Deputies be at least 25 years of
age ( (Art. 52) Grand-Duch^ de Luxemburg,
Constitution du 17 Octobre 1868 Revis^e.
Luxemburg, 1968) .
Research of the history of the above con-
stitutional provision revealed no extensive
comments on the required age or the legis-
lative attempt to establish an age limit for
candidates for the Chamber (there is no
Senate) in Luxemburg.
MALAYSIA
(Prepared by Mya Saw Shin. Senior Legal
Specialist. Far Eastern Law Division. Law Li-
brary, Library of Congress October, 1971.)
The present Constitution is the federal
Constitution of 1957, as amen&ed from time
to time up to 1970. The legislature of Malay-
sia is a Parliament, consisting of the Yang
di-Pertuan Agong (Head of State) and two
Majlis (Houses of Parliament), known as
the Dewan Negara (Senate) and the; Dewan
Ra'ayat (House of Representatives).
Article 47 of the Constitution states as
below :
Every citizen resident in the Federation Is
qualified to be a member —
(a) of the Senate, if he is not less than
thirty years old;
InJ
It-
(b) of the House of Representatives, If he
not less than twenty-one years old.
unless he Is dlsquallfled for being a mem-
: by this Constitution or by any law made
pursuance of Article 48
This article has remained unchanged since,
Inclusion In the Constitution of 1957.
or 1
th;
tl; n
tis Bd '.
hi
Ni w
ad ult.
ac:
a
re ;
ds;
m ^n
the
tv
.1 er
CONGRESSIONAL RECORD — SENATE
Janioary J^, 1973
Malaysia, Federal Constitution, Incorpo-
rating all amendments up to 1st June, 1970,
K^ala Lumpur: 1970, p 56.
NEW ZEAL.-\ND
(Prepared by Mrs. Jean V. Swartz, Senior
L^al Specialist, American-British Law Dlvl-
Law Library. Library of Congress, Oc-
aer. 1971.)
A member of the House of Representa-
tives must be twenty years old. New Zealand
!y has one house In its legislature since
passage of the Legislative Council Aboll-
Act ' In 1950.
tJntll the passage of the Electoral Amend-
ut Act. 1969 ' twei^y-one was the age
in the New Zealand definition of "adult"
section 2(1) of the Electoral Act. 1956.^
twenty Is the age of majority for an
Sections 25 and 30 of the principal
as amended, state the qualifications for
nember of Parliament a;id for an elector.
pectively. The word "adult" Is used to
cribe the required age instead of a state-
; of the age requirement In numbers.
At the turn of the century, a member of
Hotiie of Representatives had to be twen-
■one years old.
The Electoral Act. 1893* which permitted
( imen to vote for the first time, if twenty.-
and possessed of a freehold estate of
ntv-five pounds, specifically stated In sec-
n 9 that no woman could be a member of
trte House of Representatives. Section 75
St ited that any man who qualified as an
el ictcr who was twenty-one or over could be
nf minated with his consent for election to
tlie House of Representatives.
!. In 1900. a member of the Legislative
CluncU had to be twenty-one years old to be
af pointed a coimciUor.
The Legislative Council Act. 1891 " pro-
vl led in section 2 that the Governor could
af point as cotinclUors persons over twenty-
01 e years. As Indicated earlier, this Council
WHS abolished In 1950 by the Legislative
C( uncil -Abolition Act."
' N'.Z. Stat. 1950. No. 3.
'NZ. Stat. 1969. c. 19.
' N Z. Stat. Reprint 1908-57, No. 107.
'N.Z Stat. 1893, No. 18.
NZi Stat. 1891, No. 25.
' VZl Stat 1950. No. 3.
THE NETHERLANDS
Prepared by Dr. Armlns Rusis Senior Le-
giil Specialist, European, Law Division, Law
Library, Library of Congress, October, 1971.)
The Parliament or States-General of the
Ni ^therlarids Is divided Into a First Chamber
ai d a Second Chamber (Art. 89 of the Neth-
r ands Constitution of August 24, 1815, as
anended). To be eligible as a member of the
Second Chamber, a Netherlander must have
ched the at^e of twenty-five years (Art. 94
oil the Constitution ) . To be eligible as a mem-
ber of the First Chamber, the same require-
nts must be fulfilled as for membership
oil the Second Chamber (Art. 100 of the
N itherlands Constitution) .
There exist no maximum age limitations
for election or appointment to legislative
bodies In the Netherlands.
SINGAPORE
(Prepared by Mya Saw Shin, Senior Le-
gs 1 Specialist, Far Eastern Law Division, Law
LI Mary. Library of Congress. October. 1971.)
Singapore's legislature consists of a unl-
ca meral Legislative Assembly, whose mem-
be rs are elected. Age limitations for candl-
dt tes standing for election thereto were In-
tr )duced by the Singapore Legislative As-
se nblv Elections (Amendment) Ordinance.
Ni 1. 26 of 1959. which Inserted a new Section
54 Into the main Ordinance. According to
this section, no person will be qualified to
be elected as a member of the Legislative
Assembly unless he Is of the age twenty-
one years or upwards on the day of nomina-
tion. <
SWITZERLAND
(Prepared by Dr. Alois Bohmer, Senior
Legal Specialist European Law Division Law
Library, Library of Congress, October, 1971.)
The age limit for exercising the right
to vote and the right to be elected to the
legislative bodies of the Swiss Confederation
( Bundesversammlung) was first mentioned
in the first proposal of the Constitution, the
text of which was adopted on March 19, 1948.
by the majority of the Commission of the rep-
resentatives of the cantons.! Its Article 5 gave
the right to vote to the citizens 21 years of
age and Article 6 gave the right to be elected
to citizens of 25 years of age. An upper age
limit was not stipulated.
Shortly after, on April 8, 1948. in the
"second reading" (2weite Lesung) , the Com-
mission adopted the text of Articles 58 and
59 of the Constitution which spelled out the
age limits for voting, Tliese provisions are
almost Identical with Articles 74 and 75 of
the Federal Consltutlon of May 29, 1874. now
In force.^ They read as follows: »
■ Art. 74. Every Swiss aged 20 or more, and
not otherwise disqualified for active citizen-
ship by the legislation of the canton where
he has his place of residence, has the right
to vote at such elections.
Federal legislation may regulate in a uni-
form manner the exercise of this right.
Art. 74. (1) In elections, all Swiss citizens,
male and female, have equal political rights
and duties.
(2) Every Swiss, male and female, aged
twenty or more, and otherwise not disquali-
fied for active citizenship by the law of the
canton where he has his place of residence,
has the right to vote at such elections.
(3) The Confederation may lay down uni-
form regulations in the way of legislation
on the election and voting rights In con-
federate matters.
(4) The cantonal right concerning elec-
tions and voting of canons and communities
shall be reserved.
Art. 75. Every lay Swiss citizen possessing
the right to vote is qualified to be elected
as a member of the National Council.
These regulations apply only to federal
elections. The cantonal election laws may
have different provisions as. for Instance, the
Canton Zug Constitution which gives the
franchise to 19-year-old citizens.
The present Swiss Constitution or other
legislation does not have any upper age
limit as far as the right to vote or to be
elected Is concerned. Nor Is there a limita-
tion of the right to be reelected to the Na-
tional Council. In 1942. on the basis of a
national Initiative (Volksinitiative) , a pro-
posal was Introduced to make legislators in-
eligible for legislative bodies after 12 years
of service. This proposal was, however, de-
feated on May 3, 1942, as the electors did not
want their choice to be limited. It was sug-
gested that the ability of a candidate should
be Judged In each case according to circum-
stances and that an experienced representa-
tive Is often better than a novice full of new
ideas.*
The above-mentioned rights of the Con-
stitution of 1874 are granted to men only
and women were excluded from the federal
political rights. This was changed by the
referendum of February 7. 1971, which gave
the right to vote at elections to women as
well. Article 74 in its present form reads as
follows:'
> William Emmanuel Rappard. Die Bun-
desverfassung der Schweizerischen Eidge-
nossenschaft 1848-1948. Zurich. Polygraphl-
scher Verag A.G.. 1948. p. 158.
- Id., p. 166
^ The Federal Constitution of Switzerland.
Translation and Commentary by Christo-
pher Hughes. Oxford, Clarendon Press, 19B4.
* Jean Francois Aubert. 2 Traite de droit
constitutionnel Suisse. Neuchatel, Editions
Ides et Calendes, 1967. p. 463.
'" Amtliche Sammlung der eidgenossichen
Gesetze und Verordnungen, 1971. p. 325.
THAILAND
(Prepared by Mya Saw Shin, Senior Legal
Specialist. Far Eastern Law Division, Law
Library, Library of Congress, October, 1971.)
Thailand's first Constitution was passed
in June. 1932, and since then there have been
seven more Constitutions, the last of which
was promulgated in 1968. At the present
time, the legislature of Thailand con.sists of
a National Assembly, made up of the Senate,
whose members are appointed by the King,
and the House of Representatives, whose
members are elected.
According to the 1968 Constitution, the age
limit for candidates for election to the Sen-
ate Is a minimum of forty years, while that
for candidates to the House of Representa-
tives Is thirty years. These age limits have
been In force since they were stipulated In
the Constitution of 1949. Previously, the
Constitution of 1947 had set the age limit of
thirty-five years for members of the House
of Repre.sentatlves, who were elected, but
none for members of the Senate, who were
appointed. No reason for the lowering of the
age limit for candidates to the House of Rep-
resentatives has been found in the source?
available.
DEMOCRATIC REPUBLIC OF VIETNAM
(Prepared by Mya Saw Shin. Senior Legq
Specialist, Far Eastern Law Division, Law
Libran,% Library of Congress, October, 1971.)
The Constitution of the Democratic Re-
public of Vietnam (North Vietnam) was
adopted In 1959. Article 23 of the Constitu-
tion states that citizens who have reached
the age of twenty-one have the right to stand
for election, whatever their nationality, race,
sex, social origin, etc., to the National As-
sembly which Is the only legislative authority
of the country.
REPUBLIC OF VIETNAM
(Prepared by Mya Saw Shlna. Senior Legal
Specialist, Par Eastern Law Division. Law
Library, Library of Congress, October 1971.)
The 1956 Constitution of the Republic of
Vietnam (South Vietnam) provided for the
leglslatU'e functions of the government to be
exercised by a National Assembly, whose
members were to be elected by the people.
Article 50 of this Constitution stipulated that
candidates for election to the Assembly had
to be fully twenty-five years of age before
election day.
After the coup d'etat of of 1963. no elec-
tions were held until 1966. In September of
that year a Constituent Assembly was elected
and charged with the task of drawing up a
new Constitution. The new Constitution was
promulgated on April 1. 1967. It calls for leg-
islative power to be vested In the National
Assembly, consisting of an Upper House or
Senate and a Lower House or House of Rep-
roe;entatlves.
According to Article 32 of the "Constitu-
tion" of 1967, to run for the House of Rep-
resentatives citizens must be at least twenty-
five years of age on the day of the election,
in addition to possessing the other qualifica-
tions called for. Similarly, Article 34 states
that candidates for the Senate must be thirty
years of age by election day and must meet
all other prescribed conditions.
SCANDINAVIAN COUNTRIES
(Prepared by Finn Henrlksen, Senior Legal
Specialist European Law Division, Law
Library, Library of Congress, October,
1971.)
/. General remarks
It may be stated, in general terms, that
the Scandinavian trend In this country has
been to lower the age limit for eligibility to
be elected to legislative bodies to the age
when a person reaches full majority and ob-
tains the right to vote, I.e., twenty years of
age. The decision to lower this age from 21
January Jf, 1973
CONGRESSIONAL RECORD — SEN ATE
315
to 20 years originated in an agreement of
December 18, 1967, between the Ministers (or
Secretaries) of Justices from each of the
Nordic countries, Denmark, Finland, Iceland,
Norwav, and Sweden.'
Sv^eden has gone one step further and has
lowered its voting age to 19 years, but it does
not seem likely that this will set a new
Scandinavian trend. The Nordic Council, at
Its 1970 meeting In Reykjavik, rejected rather
summarily a proposal from one member,
probably Sweden, to lower the voting age to
18 years."
The very low legal age requirements for
eliglbUity to be elected to Scandinavian legis-
lative bodies does not mean that these bodies,
as a practical matter, have many young mem-
bers. The Scandinavian political parties have
considerably more influence than have polit-
ical parties in the United States. A leading
Swedish writer claims that it is virtually Im-
possible for a Swedish politician to be elect-
ed without being supported by a political
partv,' and this statement can very well be
extended to all of the Nordic countries. This
attitude of the Scandinavian political parties
does not represent any distrust of the young.
However, any Scandinavian political party
would probably require either substantial ex-
perience in lower political offices, or very sub-
stantial personal achievements, before it
would endorse a candidate for an important
legislative body. Very young legislators are
consequently uncommon, but they are not
excluded per se. For Instance, the youth
of the brilliant lawyer. Orla Lehmann, who
practically drafted the Danish Constitution
of 1849 slnglehanded,' is supposed to be one
of the reasons why Denmar'ic for many years
had nn age limit for eligibility for election
to the Lower Chamber of its Parliament
which was lower than the voting age.
In none of the countries Is there a legal
upper a':;e limit to being elected to or holding
an elective oflBce, but retirement around the
age of 70 is very common.
II. Denmark
The Danish Constitution of 1849 estab-
lished a bicameral legislature with an Upper
and a Lower Chamber.'' The age limit for
election or appolntmetit to the Upper Cham-
ber wa.i 40 years, while the corresponding
age limit for the Lower Chamber was only
25 years. The voting age for both Chambers
was 30 years, but the right to vote In elec-
tions for the Upper Chamber was somewhat
restricted in favor of the propertied classes.
The Constitution of 1866 lowered the aee
limit on eligibility to both Chambers to 25
years, while the voting age for both Cham-
bers remained 30 years. However, the 1866
Constitution was also more specific about the
restrictions In favor of the propertied classes
In elections for the Upper Chamber." It was
not until the Constitution of 1915 became
effective that the right to vote in elections
to the Upper Chamber was extended to most
voters. However, the age limit for election
or appointment to the Upper Chamber was
raised to 35 years at the same time, as was
the voting age. The age limit on eligibility
to the Lower Chamber, and the voting age
in 1915 was established as 25 years.' Tlie
purpose of these Constitutional limits was
undoubtedly to secure an Upper Chamber
which was more conservative, or mature thaii
the Lower Chamber.
The Danish system of a bicameral legis-
lature never worked very well. End It was
abolished by the present Constlttitlon of
1953. ^ which established a unicameral legis-
lature. The voting age. and the age limit for
eligibility to this new legislative body were
lowered at the same time to 23 years, and
both age limits were. In 1966, reduced to 21
years." In 1970, Denmark lowered the age
when a person reached full majority from
21 to 20 years.'" This strongly Indicates that
the age limit for eligibility for election to the
legislature, and the voting age, will be
brought down to 20 years In the foreseeable
future. These age limits are, to the Danish
way of thinking, an Integrated part of the
coiicept of granting a person full majority.
;//. Finland
The present Finnish State dates back to
1919 when it declared Its Independence from
Russia. The age limit for election to the
Parliament, and the voting age, was origi-
nally 24 years.'' This was lowered in 1944 to
21 years,'"= and, in 1969. to 20 years. '^ The age
at which a person reached full majority was,
at the same time, lowered from 21 to 20
years."
IV. Iceland
Iceland gained considerable independence
when it became united with Denmark in
1904, and became an independent country in
1944.'' The voting age, and the age limits
for eligibility to be elected to the Icelandic
Parliament were similar to the Danish age
limits of 25 and 35 respectively until 1934.
Howeve% a constitutional amendment of
March 24. 1934. lowered the voting age, and
the age limit for eligibility to the Parliament,
to 21 vears.'^ This age limit was incorporated
in the IceUndic Constitution of 1944." It Is
liVtely that It has been, or will be. lowered to
20 years.
V. Noricay
The Norwegian Constitution of 1814 estab-
lished a voting age of 25 years and an age
limit of 30 years for election ^r appointment
to the Parliament.'" The voting age was re-
duced in 1920 to 23 years ajid in 1946 to 21
years, while the age limit far eligibllty for
electioii to the Parliament was reduced to 21
years In 1948,'» and finally. In 1967, to 20
years.-" The age for general majority was
lowered from 21 to 20 years ln^l969.»'
VI. Sweden
Substantial parts of the pressent Swedish
Constitution date back to 1809, and the re-
ceiitly ab.jlished bicameral legislature estab-
lished in 1866. The age limit for election or
appointment to the indirectly elected Upper
Chamber was. at the beginning of this cen-
tury. 35 years, while the age limit for eligi-
bility to the directly elected Lower Chamber
was 23 years.-- The voting age was lowered,
in 1945. from 23 to 21 years, and the age limit
for election or appointment to both cham-
bers was reduced to 23 years in 1949.** Sweden
pa.ssed. on June 17. 1971, a constitutional
.amendment which abolished the Upper
Chamber of its legislature.=' The age limit for
election to the new unicameral legislature Is
20 years.= ' while the voting age has been low-
ered to 19 years.-'" The age for a person to
reach ftill majority was lowered from 21 to
20 vears in 1969."
S
' Tillaeg 1969 til Karnors Lovsamling. 7th
ed. Copenhagen, Karnov. 1970, p. 7469, see
also note 2.
-55 Svensk Juristtidning (October, 1970).
p. 691.
^ Nils Bertel Einar Andren. Modern Swedish
Government. Stockholm, Almqulst & 'Wiksell,
1961. p. 23.
• Danske Forfatningslove 1665-1953. Copen-
hagen, J. H. Schultz, 1958. p. 58-59.
' Id., Junlgrundloven af 5. junl 1849, Sec-
tions 34-44. p. 65-66.
" Id.. Den Gennemsete Grundlov af 28. JuU
1866. Sections 29-40. p. 117-119.
• Id., Grundloven af 5. junl 1915, Sectionb
29-39. p. 137-139.
^The Constitution of the Kingdom of
Denmark Act. 5th June 1953. Copenhagen,
J. H. Schultz. 1958. Sections 28-34. p. 4-5.
» Bekendtg6relse Nr. 366 af 10. august 1970
af Lov om valg til folketlnget, in 1970
Lovtidende A p. 1035-1068. (Sections 1-2, p.
1035 i .
"> Bekendtgorelse Nr. 141 af 24 marts 1970
af Myndighedslov, in 1970 Lovtidende A p.
397-404. (Section 1 , p. 397) .
'1 Suomen Tasavallan Perustulait. Helsinki,
Werner ScJderstrom, 1938. p. 37&-399.
'= Parliament Act of January 13, 1928, Ar-
ticles 6-7, as amended, in: Constitution Act
and Parliament of Finland. Helsinki. Min-
istry of Foreign Affairs, 1959. p. 30-31.
'-■•Lag Nr. 341 av 30. maj 1969 om andring
av riksdagsordnlngen och Lag Nr. 342 av
samme dag angaer.de andring av lagen om
Rlksdagsmannaval. in 1969 Finlands Forfatt-
ningsamling p. 629-630.
" Lag Nr. 343 av 30. maj 1969 on andring
av lagen anga«nde fbrmyndersjcap, in 1969
Finlands Forfattningssamling p.\,631.
'■•Lester Beriihard Orfield. ThcOfOU'th of
Scandinnviar Law. Philadelphia. University
of Pennsylvania Press, 1953. p. 110.
"Jens Peter Jensen-Stevns. Grundlovaen-
dring. Slagelse. Denmark, ASAs Forlag. 1939^
Appendix p. 2 ("p. 30"). i
'■ The Constitution of thr Republic of Ice*
land. Reykjavik, Ministry of Foreign Affalrst
1943. Sections 33-34, p. 10. i
'■• The Fundamental Act of the 17th of May
1814 Sections 50 and 61, i7t The Constitution
of Noru-ay and Other Documents of National
Importance. Oslo. Norwegiin Academ'c Press.
1951. p. 54-56.
'» The growth of Scandinavian Law, p. 177.
supra note 15.
-' Kongerlgets Norgcs Grundlov av 17de Mai
1814. as amended, in Norgcs Lover 1682-1969.
Oslo, Grondahl, 1970. Sections 50 and 61,
p. 54-56.
-'>Lov Nr. 3 av 22. April 1927 on vergemal
for umyndlge. as amended, in id., p. J025
(Sections 1 and 2>.
^ The Groxcth of Scari&inavian Law, p. 262.
Supra note 15.
'■ Stvriges Grundlager och tillhiirende Far-
fattninger Stockholm, Norstedt. 1957. p. 140.
■<■ Riksdagsordning , dat. Stockholm den 22
junl 1866. med de darefter. och slst vld rlks-
dagen 1 Stockholm ar 1971. av Konuncen och
rlksdagen antagna foriindrlngar. in 1971
Sr''Ti.'!7' Fcirfattningssaming Nr. 272 (SFS
1971: 272, June 17, 1971).
'^Id., Section 26.
*'/d., Sectlom 14.
-Fordldrebalk, Chapter 9. Section 1. as
amended by Lap av 23. inal. 1969. in Svcriges
Hikes Lag. 91st ed., Stockholm, Norstedt.
1970. p. 77.
AGE LIMITATION FOR ELECTION TO LEGISLATIVE
noniEs — liisPANic nations
(Prepared by Dr. Rubens Medina. Chief,
and Armando E. Gonzalez and David M. Val-
derrama. Senior Legal Specialist. Hispanic
Law Division. Law Library. Library of Con-
gress. October 1971.)
Before considering the specific provisions
concerning age llrpltatlon for election of citi-
zens to the legislative bodies, this office con-
siders it neces^ry to indicate that In a
number of Inj^nces, constitutfcnal changes
liave occurwd under extra-legal circum-
stances not always very well documented.
Tlie study of those Jurisdictions where more
constitutional changes havi taken place,
seems to suggest that even though the adop-
tion of the new charters may have been
promulgated with all due lecal formalities,
the processes through wlilch the changes oc-
curred may not be found complefrly record-
ed: and only very brief arid general remr.rks
were offered as Introductory statements,
usually In the form of "liroclamas" or "pre-
imbulos." The demand of present needs,
more just organization and adiudlcation,
response to the nation's reality, and a better
preservation of the countn.''s traditions and
common objectives are among the reasons
most frequently offered as justification for
the changes introduced.
A deeper search for supporting arguments
would require an exploration of nonlegal
sources which this office can undertake If
more time Is made available.
The age limitation predominant among
the Hispanic nations is 25 years of age for
the members of the House of Representatives
(Chamber of Deputies) and 35 years for
members of the Senate. Changes concerning
the above limitation have been Introduced
In the following countries:
18
CONGRESSIONAL RECORD — SENATE
January 4,
1973
1. Costa Rica
The Constitution of June 8, 1917. estab-
1 shed the age limit of 40 years for election
<i 3 a Senator, and 25 years for the members
c f the Chamber of Deputies, These provl-
s ons were changed by the Constitution of
J ovember 7. 1949. which established the age
cf 21 years or mere as a requisite for eligi-
tilltv to the Legislative Assembly (Article
108)'.
Z.Cuba
Thai Constitutional Law of the Republic
Edopted on June 11. 1935. established 30
\ ears of age as a minimum for election of
riembers of the House of Representatives.
t nu3 lowering the previous age requirement
! jr the corresponding legislative bodies set
farth by the Constitution of 1901. of 35 and
1 5 years of age for the respective chambers.
": his change was allegedly Introduced, "com-
l lying with the will of the people, with the
spirit of the Fundamental Charter of 1901.
i nd with the conquests of the revolution." '
The Fundamental Law of Cuba enacted
! 1 1959 by the Castro regime simply sup-
p ressed Congress. This office has been unable
t D loc(\te any useful material In this regard.
3. Ecuador
Th** Constitutions of 1906 and 1929 maln-
t fiined the same age limitations for both
Chambers: 30 and 21 years of age for Sen-
f tors and members of the House, respec-
Uvely (Article 44. Section 2. and Article 51:
i rtlcle 36, Section b) and Article 43, respec-
Mvely) .
The Country adopted the unicameral sys-
! em by virtue of a new Constitution adopted
i:i 1945. which established the age limit of
; 5 years for members of the then-called Na-
^ lonal Assembly. The new charter was in for/:e
; lightly over one year.
Another Constitution adopted In December
946. reestablished the two chambers setting
''.he age limits at a minimum of 25 years for
the members of the House, and 35 years for
' he Senators. These provisions have remained
';:ichanged in spite of the adoption of two
1 nore Constitutions (1960 and 1967) .
4. Guaternala
The age limit of 21 years was maintained
rem the Constitution of 1879 as a requisite
or those elected as Deputies to the General
Lssembly. to the Constitution enacted on
September 15. 1965. whereby the minimum
i.gV^as established at 30 years for Deputies
o th-: Congress (Article 163) .
\f 5. Honduras
TMs country, which has a unicameral sys-
em. established the mlnlmimi age of 25 years
or members of Congress. This limit was ap-
larently lowered by the Constitution of 1965
I'hich contains no provisions concerning age,
lut grant political rights only to citizens
.ho are 18 years of age a,nd over (Article 34) .
Igaln. no specific arguments were offered in<
; ,ny legal document or related literature to
1 upport such change.
6. Nicaragua
The age limits of 40 and 25 years were
naintalned for the Hou?e and Senate, re-
: pectively. up to the Constitution of Novem-
)er 1. 1950. by which the age limit for sen-
itors was changed to 35 years (Article 154).
■To supporting arguments are available at
his time. •
7. Venezuela
The first change was Introduced by the
Constitution of 1904 which established the
i.ge limits of 21 and 30 years for members
I if the House and for the Senate, resf^ertive-
y. from 25 and 30 years of age previously re-
luired by the Constitution of 1901. This limit
v.is milntalned un'fll the Constitution of ■
936 which reestablished the limit set forth
)y the Constitution of 1901 (25 and 30 years
)f age) .
The Constitution of April 11. 1953, again
ihanged the limit to 21 and 30 years of age,
espectively. No special reasons appear to be
ivallable.
8. Philippines
There are constitutional age limitations
for election to the legislature of the Philip-
pines. Under the Constitution of 1935. as
originally adopted, the legislature consisted
of a unicameral body called the National
Assembly, the age qualification for which was
30 years. -
Professor Aruego. a leading Filipino con-
stitutionalist states that the age for mem-
bership in the National Assembly was fixed
at 30. . . . to insure the presence In that
body of men of experience and maturity of
judgment for legislative work.^
In 1940, the National Assembly was re-
placed by a bicameral Congress of the Philip-
pines consisting of a Senate and a House of
Representatives. The qualifying age for mem-
bers was fixed at 25 and 35. respectively.* No
treatise or record of any debate in the former
National Assembly has been located explain-
ing the change.
' Introductory statement. Carlos Mendleta.
provisional F>resident and his Cabinet.
- Constitution of the Philippines adopted
by the Philippine Constitutional Convention
at the City of Manila ... on the 8th day of
February 1935. Washington. 1935. p. 17 p.
' Aruego, Jose M. The Framing of the
Philippine Constitution, Manila, University
Publishing Co.. Inc.. 1949. pp. 250-251.
* Constitution of the Philippines, as
amended . . . Manila, Bureau of Printing,
1949. 39 p.
By Mr. CRANSTON (for himself,
Mr. Nelson, and Mr. Tttnney) :
S.J. Res. 6. A joint resolution to estab-
lish the Tule Elk National Wildlife Ref-
uge. Referred to the Committee on
Commerce.
TULE ELK NATIONAL WILDLIFE REFUGE
Mr. CRANSTON. Mr. President. I rise
to introduce for appropriate reference a
Senate joint resolution to create the Tule
Elk National Wildlife Refuge. I am
pleased to be joined by Senator Gaylord
Nelson and Senator John Tunney in the
sponsorship of this resolution.
On October 14, 1969. I introduced S.
3028. a bill to authorize a feasibility study
of the desirability of establishing a na-
tional wildlife refuge for California is
meagre population of tule elk. A number
of companion bills were introduced in
the House, and hearings were held in
both the House and the Senate in March
1970. No further legislative action oc-
curred on these measures in the 91st
Congress.
Early in the 92d Congress, on April 5.
1971, vvlth the support of Senator? Tun-
ney, and Nelson, I introduced Senate
Joint Resolution 84, a joint resolution to
eKtablish the Tule Elk National Wild-
life Refuge. This resolution was basically
the same as the one I am offering today.
The onv change is that the resolution
recognizes the State of California's
statute, approved October 27. 1971,
which provides for the restoration of the
tule elk to a statewide species level of at
least 2.000. My resolution declares that
it is Federal policy to cooperate v.ith the
statev.-ide goal of restoring the tule elk
herd to at least 2.000 members. To carry
out this policy, the Secretary of the In-
terior is authorized to acquire such lands
in the Owens Valley as may be necessary
to effect the increase. Such acquired
lands and all other lands in the Owens
Valley watershed under Interior Depart-
ment jurisdiction shall constitute the
Tule Elk National Wildlife Refuge.
I
In addition, the Secretary is authorized
to relocate some of the tule elk in various
other areas of California under Federal
or State jurisdiction where the elk may
be ecologically compatible and where
there is mutual agreement among the
parties involved.
The S3creLary is also authorized by the
resolution to enter into a cooperative
wildlife management agreement with the
State of California so Ions; as such agree-
ment is compatible with the purposes of
the resolution.
Finally, the Secretary of Agriculture
is required to manage the Inyo National
Forest in compliance with the purposes
of this resolution, which may specifically
involve dfcieasing the number of graz-
ing permits issued by the U.S. Forest
Service.
Mr. President, when I introducod Sen-
ate Joint Resolution 84 in 1971, the official
count of tule elk in the Owens Valley
was 291. Unfortunately, the ofScial count
made by the Depaitment of Fish and
Game for 1972 i-^ down 11 from the 1971
level with only 280 .tule elk. Th-se 280
tule elk in the Owcn;^ Valley are the only
free-roaming, unfenced survivors — un-
hybridized — of a species which formerly
was common to the Sacramento and San
Joaquin Valleys of California. The tule
elk has wa?ed a persistent and remark-
able struggle for survival during the past
century, having, in 1885. b.T'en reduced to
a minimum of 28 animals. In fact the
harassment of the tule elk was so intense
that it survives today in an area where
it is not indigenous. It was introduced
into the Owens Valley, which is east of
the Sierra Nevada Mountains, only 40
years ago. The elk has not survived un-
fenced and free-roaming in California's
central valleys where it is endemic.
The reasons for saving the tule elk
range from scientific to ethical to prag-
matic. Perhaps the best way I can sum-
marize my feeling about the urgency of
insuring a future for this little elk is that
in an age where man's defilement of the
biosphere has reached a state where
there is serious question about whether
environmental degradation is still re-
versible, at such a time every variety of
life form must be considered a precious
resource to b? protected and nurtured.
We can view them as genetic reservoirs,
so to speak, which at some time in the
future we may discover to be essential
to the continuation of life on earth. This
is especially true since ecologists are only
beginning to understand the function
and importance of diversity among life
forms in the defenses and survival of the
ecosystems which perpetuate the bio-
sphere. In a manner not yet understood,
the preservation of large native mam-
mals m.ay prove to be an essential key
to man's environmental struggle for
.survival.
I am pleased that Congressman John
Dingell of Michigan, chairman of the
House Subcommittee on Fisheries and
Wildlife Conservation, and a distin-
guished and able friend of the tule elk,
will be sponsoring a similar resolution
in the House of Representatives. I be-
lieve that the tule elk deserves the pro-
tected status that would result from the
enactment of my resolution and that
Federal policy should restore this little
elk to a species level of at least 2,000.
Jamiary i, 1073
CONGRESSIONAL RECORD — SENATE
31
Mr. President, I ask unanimous con-
sent that the text of the joint resolution
to establish the Tule Elk National Wild-
life Refuge be printed at this point in
the Record. .
There being no objection, the joint
resolution was ordered to be printed in
the Record, as follows;
S.J. Res. 6
Whereas the tule elk once roamed the
grasslands of centraj California in large num-
bers but has had to wage a persistent strug-
gle for survival during the past century, as
Evidenced by the fact that the population
was reduced to twenty-eight animals at one
time: and ' . ^ ^
Whereas the tule elk, which Is considered
to be a r.re, but not an endangered, species
bv the Department of the Interior, presently
exists in a herd of approximately two hun-
dred and eighty head in the Owens Valley
area of California where such animals were
iiurcduced four decades ago, but large-scale
grazing of cattle In that area has resul'ed
in a reduced amount of forage available for
the tule elk; and
Wltereas the State of California has rec-
ognized the principle of conservation that
any species of less than two thousand In
number is a vanishing one that is highly
subject to extinction, and has, therefore,
establLshed, by statute, a prlicy to restore
the tule elk to the species level of at least
iwo thousand statewide; and
Wliereas the protection and maintenance
of tule elk in a free and wild state is of
educational, scientific and esthetic value
to the people of the United States and its
struggle to survive epitomizes the worldwide
threat to the large browse and graze mam-
mals whose environments are shrinking and
are being depleted as a result of civilization's
incursions: Now. therefore, be It.
Resolved by the Senate and House of
Representatives of the United States of
America in Congress assembled. That as
used In this Joint resolution, the term
"Oweii River watershed area" means that
area of land In Inyo County, California,
which is south of Laws but not south of the
northern most point of Owens Lake and
which is bounded on both the east and -west
bv the Invo National Forest. -
"sec. 2. (a) The Secretary of the Interior
(hereafter referred to in this Joint resolu-
tion as the 'Secretary") Is authorized to
acquire any land and any easements, grazing
rights, or other interests in land within the
Owen River watershed area which he deter-
mines to be suitable for carrying out the
purposes of this Joint resolution; except that
nothing in this Act shall be construed as
authorizing the Secretary to acquire any
rights to water which are held on the date of
the enactment of this Act or may be acquired
after such date by any State or local agency.
All lands and interests in lands acquired
pursuant to the preceding sentences and
all lands (including withdrawn lands) with-
in the Owens River watershed area which
on January 1. 1971, were under the jurisdic-
tion of the Secretary shall be known as the
Tule Elk National Wildlife Refuge (here-
after referred to in this joint resolution as
the Tefuge") which shall be established
and maintained In an ecologically and en-
vironmentally sound manner in accordance
with the laws and regulations relating to
the national wildlife refuge system subject
to the following conditions:
( 1 ) The refuge shall be managed so as to
build and sustain a herd of tule elk which at
no time numbers less than two thousand
and. in order to achieve this purpose, the
Secretary shall to the extent necessary limit
the issuance of grazing and other land-use
rights within the refuge; except that if the
Secretary at any time finds that the herd
within the refuge cannot be maintained at
a minimum of two thousand head, he shall
take such action as may be necessary to In-
sure that the total number of tule elk at least
equals such number, and such action^may in-
clude the relocation of an appropriate num-
ber of tule elk to —
(A) other land within California under the
jurisdiction of the Department of the Inte-
rior, including but not limited to Point Reyes
National Seashore and San Luis National
Wildlife Refuge.
(B) land within California under the juris-
diction of any other Federal agency, but the
relocation and management of such elk shall
be subject to such arrangement as may be
mutually agreeable to the Secretary and the
chief executive officer of such agency;
(C) laud under the jurisdiction of the
State of California, but the relocation and
management of such elk shall be subject to
such cooperative agreement as may be mu-
tually agreeable to the Secretary and the
appropriate official of the State; or
(D) any combination of (A), (B), and (C),
(2) The Secretary and the appropriate
official of the State of California may enter
into, and from time to time modify, a co-
operative agreement consistent with the pur-
poses of this Joint resolution with respect to
the management of fish and wildlife within
the refuge and such agreement may provide
that —
(A) all or part of the laws and regulations
of the State of California relating to the
taking of fish and wildlife shall apply within
the refuge: and
(B) no person may take any fllsh or wild-
life within the refuge unless he holds a valid
fishing' or hunting license, as the case may
be, Lssued by the State of California,
(b) The Secretary pf Agriculture, in co-
operation with the Secretary, shall, to the
extent practicable, limit grazing and other
public uses in the areas of the Inyo National
Forest which adjoin the refuge In a manner
appropriate to achieve the purposes of this
Joint resolution.
Sec. 3. (a) There are hereby authorized to
be appropriated, to remain available until
expended, such sums as may be necessary for
the acquisition of lands and interests in
lands the acquisition of which is authorized
by this joint resolution.
(b) For the purposes of section 6 of the
Land and Water Conservation Fund Act of
1965 ( 16 U.S.C. 4601-9) . the tule elk shall be
deemed to be a species of wildlife that is
threatened with extinction and the Tule Elk
National Wildlife Refuge a national area au-
thorized for the preservation of such species.
By Mr. HARTKE :
S.J. Res. 8. A joint resolution to pro-
tect nondisclosure of information and
sources of information coming into the
possession of the news media. Referred
to the Committee on the Judiciary.
freedom of the press
Mr. HARTKE. Mr. President, in recent
months we have seen a substantial ero-
sion of one of the basic foundations of
our society. The concept of "freedom of
the press" has been subjected to a sub-
stantially different interpretation by the
courts and by the pdministration than
our constitutional fathers intended. In
giving substance to the constitutional
mandate of freedom of the press, our
constitutional fathers recognized as es-
sential to a free press and democratic
society the unconstrained flow of Infor-
mation to the pubhc.
The right to gather news is basic to
a free press because, without freedom "to
gather information, "freedom of the
press" would be deprived of much of its
value. The general principle that news
must not be unnecessarily cut off at its
source is fundamental to the concept of
a free flow of information to the public.
The framers of the Bill of Rights recog-
nized that the right to gather news was
an implicit guarantee of the first amend-
ment. As James Madison once wrote:
A popular government without popular in-
formation or the means of acquiring it Is but
a prologue to a farce or tragedy or perhaps
both.
Similarly, modern commentators have
also receognized the crucial importance
of the news gathering function of the
press :
If the public opinion which directs the
conduct of governmental affairs Is to have
any validity and If the people are to be ca-
pable of real self rule, access to all relevant
facts upon which rational Judgments may
be made must be provided.
The late Alexander Meiklejohn stated
the same view thusly :
Self government can exist only insofar as
the voters acquire the intelligence. Integrity,
sensitivity, and generous devotion to the
general welfare that, in theory, casting a
ballot is assumed to express . . .
As such:
Public discussions of public issues, to-
gether with the spreading of Information
and opinion bearing on those issues, must
have a freedom unabridged by (government
control).
In its earlier decisions, the Supreme
Court implicitly rjcogr.ized a constitu-
tionally protected right to gather news
for publication. In Zemel a^ain.-.t Rusk,
the Court held that the Secretary of
State's denial of a passport /or travel to
Cuba did not violate a citizen's first
amendment right to gather information
about that country. Suggesting that a
right to gather information d:jes exist,
however, the Court concluded that the
"right to speak and publish does not
carry with it the unrestrained right to
gather information," and that "the
weightiest considerations of national
security" necessitated this particular re-
straint. In Associated Press ag.Tinst
United States, certain bylaws of the As-
sociated Press were held to l3e in \ iola-
tion of the Sherman Act. because they
prevented nonmember newspapers from
purchasing news from the As.sociated
Press or its publisher membeis ard thus
curtailed publication of c nipetitive
newspapers. The Court, however, nr/ed
that the first amendment provided at
substantial argument in su;>port of the
application of the antitrust laws. b'.c.Tuse
the bylaws denied nonmember neivspa-
pers access to sources of information:
That amendment rests on the assumption
that the widest possible dtsseminatioti of in-
formation from diverse and antagonistic
sources is essential to the welfare of the
public and that a free press is a condition of
a free society. Svirely a command that the
government itself shall not Impede the flow
of ideas does not afford nongovernment com-
binations a refuee if they Imoose restraints
upon that constitutlonaliy guaranteed free-
dom.
Finally, and mcst lecently. Justice
White, sneaking for the majority in
Branzburg against Hayes, said:
Nor is it suggested that newsgathering
does not qualify for First Amendment pro-
tection; without some protection for seeking
out the news, freedom of press could be
eviscerated.
The existence of a right to gather news
is thus derived both from the central
318
CONGRESSIONAL RECORD — SEN ATE
Janimry 4, 1973
position a free press occupies in a demo-
cratic system of government and from
its relation to other rights estabhshed by
existing cases interpreting the freedom
of press clause.
Therefore, having established that
freedom of the press carries with it a
corollary right to gather the news, it
foIlojR'S that a testimonial newsman's
privilege or immunity is likewise consti-
tutionally mandated because of the ad-
verse effects of compelled disclosure upon
this newsgathering function. Surveys of
the press indicate that a substantial
number of newspaper stories are based
on information gained through a con-
fidential relationship. Furthermore, such
stories may be of particular value to the
public. Crime, political corruption, and
unpopular views and ideas are subjects
ivhicli might only be discussed through
:onfidential informer-reporter relation-
ships, and the public may lack other
sources to the information. Compelling
a reporter to disclose his sources in open
court or before a grand jury would have
the effect of deterring potential sources
from communicating to the public
through confidential relationships with
reporters, thereby restricting the free
flow of public information in these sen-
sitive areas. Second, the flew of news
ivould be restrained because newsmen
Rould probably temper their reporting
30 as to reduce the possibility that they
should be called upon to testify, A re-
porter might also suppress certain infor-
mation if he felt that to do so might en-
courage his sources to give him more
information in the long run. Or, out of
sympathy with the goal of his sources.
a reporter might be more likely to sup-
Dress damaging information.
The question then becomes whether
;he constitutional right to protect con-
adential informant-reporter relation-
ships constitutes an absolute immunity
:rom being made to appear and testify
n civil and criminal trials and legisla-
tive hearings or is rather in the nature
>f a qualified privilege to withhold only
rertain types of information after the
reporter has appeared for interrogation,
rh^e is constitutional authority to sup-.
DO"' the argument that because of the
jM'JUely sensitive relationship involved
inc the paramount importance of a free
Dre!.s to our society, only an absolute im-
munity will adequately secure the rights
nvolved.
The Supreme Court has traditionally
iccorded all first amendment freedoms
1 special deference because of their
Deculiar susceptibility to government in-
libition and has repeatedly emphasized
;he need for certainty and predictability
n any government regulation of their
jxercise. As such, the Court has fre-
quently struck dou-n State statutes and
■egulations which because of vagueness
md overbreadth threaten to "chill" or
ieter individuals in exercising these
nghts. Furthermore, such certainty is
jspecially necessary to a free press be-
:ause otherwise parties responsible for
lissemination of information to the pub-
ic wUl be unable to predict when the
3tate can suppress their activities. Thus,
:here is a substantial possibility that
:hey will imduly censor their publica-
;ions to avoid government interference.
The deterrent efifect of even a limited
subpena power may be analogized to the
inhibiting efifect of vague or overbroad
statutes aCfecting speech or the press. In
most cases, confidential disclosures to a
reporter would probably be substantially
diminished by the mere threat that he
may be subsequently subpenaed regard-
less of whether disclosure may actually
be compelled. If any possibility exists
that at some future time a judge may
determine that a reporters attendance
or testimony is justified by the circiun-
stances, sources will no longer be willing
to disclose information in confidence be-
cause of the uncertainty whether they
may later be exposed. Furthermore, be-
cause of the specter of closed door secrecy
surrounding grand jury hearings and in-
vestigations, sources could never be cer-
tain that a reporter's qualified privilege
to withhold confidential information
detrimental to their interests is being
properly respected. Therefore, the sum
effect of a qualified testimonial privilege
for reporters and newsmen would be
about the same as no privilege at all in
terms of the chilling effect upon con-
fidential informant-reporter communi-
cations and consequent obstruction of
public information.
Consequently, the legislation that I
introduce today provides the protection
that appears to be necessary if we are to
maintain the public's right to a free flow
of information.
EHiring the last session of Congress,
the Subcommittee on Constitutional
Rights of the Committee on the Judi-
ciary conducted hearings on the "Free-
dom of the Press." Since much of the
recent action to curb that basic freedom
has affected the broadcast media, it is
my hope that the Communications Sub-
committee of the Commerce Committee
will also delve into this area. In fact,
joint hearings might be the best course
to pursue to develop the appropriate leg-
islative response to the attack on the
first amendment.
Mr. President, I ask unanimous con-
sent that the text of the joint resolution
which I introduce at this time, which
would guarantee freedom of the press, be
printed in the Record as a part of my
remarks.
There being no objection, the joint
resolution was ordered to be printed in
the Record, as follows:
S.J. Res. 8
Joint resolution to protection nondisclosure
of Information and sources of Information
coming Into the possession of the news
media
Whereas It Is vital to the health of a
democratic society that the press remain
free of governmental restraints; and
Whereas recent court decisions have Jeop-
ardized the ability of the press to collect
information from confidential sources; and
Whereas the Inability of the press to hold
confidential Information or sources of In-
formation is a single threat to the continued
^functioning of a free and great Republic:
Now, therefore, be It
Resolved by the Senate and House of Rep-
resentatives of the United States of America
in Congress assembled, That any person em-
ployed by or otherwise associated with any
newspaper, periodical, press association,
newspaper syndicate, wire service, or radio
or television station, or who is Independently
engaged in gathering information Intended
for publication or broadcast cannot be re-
quired by a court, the legislature, or any
administrative body, to disclose before the
Congress or any other Federal court or
agency, any information or the source of any
Information procured lor publication or
broadcast.
By Mr. SCHWEIKER (for himself
and Mr. Scott of Pennsylva-
nia' :
S.J. Res. 10. A joint resolution to
amend the Constitution of the United
States to provide voluntary nondenomi-
national prayer in public schools and
buildings. Referred to the Committee on
the Judiciary.
THE SCHOOL PRAYER AMENDMENT
Mr. SCHWEIKER, Mr. President. I in-
troduce todav on behalf of myself and
Senator Scott a joint resolution pro-
posing a constitutional amendment to
permit voluntary, nondenominational
prayer or meditation in public schools
and buildings. I introduce the school
prayer amendment because of my dis-
agreement with U.S. Supreme Court de-
cisions of the 1960's which held school
prayer unconstitutional. I believe pray-
er has a rightful place in our public
schools and I believe the great majority
of Americans share my belief.
My joint resolution contains two im-
portant clarifying points which many
proponents of prayer feel makes it the
most comprehensive proposal of its kind.
First, it affords maximum flexibility by
permitting either prayer or meditation,
insuring that individual religious expres-
sion will be truly voluntary and nonde-
nominational. Second, the wording of my
joint resolution specifies "schools." Our
public schools have been the center of
the controversy over prayer, and I want
to emphasize my intention to return
prayer to the classroom.
Mr, President, as originally drafted
and interpreted, the first amendment to
the Constitution did not deny the right
to voluntary, nondenominational prayer
in schools. In fact, public prayer in this
coimtry is a well-established tradition.
Congress opens each daily session with a
prayer.
Many Government meetings and func-
tions are begun with prayer. Chaplains
and representatives of organized reli-
gions participate in many Government
activities. And in none of these instances
is the first amendment violated.
However, the Supreme Court's inter-
pretation of the first amendment ban-
ning school prayer makes it necessary
for Congress to specifically mandate by
constitutional amendment the right of
the people "lawfully assembled to par-
ticipate voluntarily In nondenomination-
al prayer or meditation," As Citizens for
Public Prayer, a national prayer orga-
nization, explains —
This process of restoration is not an at-
tack on the First Amendment but rather a
defense and reaffirmation of it. It is by no
means a matter of repealing or even tam-
pering with the First Amendment It Is a
question of clarifying the Amendment so
that It is in accord with the clear will of
the nation.
There is no doubt in my mind that
public support of the school prayer
amendment is at an all-time high. My
mail and travels throughout Pennsyl-
vania convince me that the majority of
my constituents approve of voluntary
January U, 1973
CONGRESSIONAL RECORD — SENATE
319
prayer in public schools. Public opinion
polls taken since the Supreme Court
prayer ban indicate that as many as
eight of 10 Americans favor restoration
of prayer.
And as many of my colleagues are
aware, the 1972 Republican Party plat-
form contained a strongly worded plank
in favor of school prayer.
The plank read :
We aflirm our view that voluntary prayer
should be freely permitted in public places —
particularly by schoolchildren while attend-
ing public schools — provided that such
prayers are not prepared or prescribed by
the state or any of Its political subdivisio-.s
and that no person's participation is coerced,
thus preserving the traditional separation
of church and state.
Mr, President, I believe the time is
right to amend the Constitution to re-
store the right of prayer to the people,
and I urge swift and affirmative action
by the Senate on this proposed consti-
tutional amendment, I ask unanimous
consent that the full text of the joint
resolution be printed in the Record at
this time.
There being no objection, the joint
resolution was ordered to be printed in
the Record, as follows:
S.J. Res. 10
Resolved by the Senate and House of
Representatives of the United States of
America in Congress assembled, (two-thirds
of each House concurring therein). That the
following article is hereby proposed as an
amendment to the Constitution of the United
States, which shall be valid to all Intents and
purposes as part of the Constitution when
ratified by the legislatures of three-fourths
of the several States :
"Article —
"Section 1. Nothing contained in this
Constitution shall abridge the right of per-
sons lawfully assembled, in any public school
or other public building which is supported
In whole or in part through the expenditure
of public funds, to participate voluntarUy in
nondenominational prayer or meditation.
"Sec. 2, This article shall be Inoperative
unless it shall have been ratified as an
amendment to the Constitution by the legis-
latures of three-fourths of the several States
within seven years from the date of its sub-
mission to the States by the Congress."
By Mr, ROLLINGS:
S,J, Res, 11, A joint resolution to pay
tribute to law enforcement officers of this
country on Law Day, May 1, 1973, Re-
ferred to the Committee on the Judiciary,
LAW DAT
Mr, ROLLINGS. Mr. President, I send
to the desk a joint resolution and ask
unaniinous consent that it be printed in
the Record at the conclusion of my
remarks.
On May 1, America observes Law Day,
an armual observance of respect for the
judicial system. I was proud that last
year, through congressional approval of
a resolution I sponsored, the scope of the
celebration was widened to include spe-
cial recognition for the coimtry's law en-
forcement persoruiel.
For many years. Law Day has been a
tradition observed in courtrooms and
classrooms. It has been by and for judges,
lawyers and law students. In essence, it
has always been a day reserved for the
theorists of the law.
But law does not begin or end in the
courtrooms or the law schools. It oper-
ates on the beat, in precinct stations and
in prisons. Pubhc Law 92-282 which was
signed into law on April 26. 1972, for the
first time allocated a portion of Law Day
to the enforcers of the law. Sheriff's dep-
uties, highway patrolmen, police, and
other law enforcement men and women —
are a vital part of the legal profession.
In fact, they are its very foimdation.
Our law enforcement personnel face
formidable challenges today in protect-
ing our rights and our properties. Nine-
teen policemen were killed in ambush in
1970, Activism fills the streets, and our
law oflBcers must be both safety person-
nel and diplomats, trying to maintain a
balanced perspective. They meet the dif-
ficult obligation of upholding and en-
forcing our laws. They have earned our
praise and our appreciation.
Congress in 1971 dedicated May 1 as
Law Day, focusing on national rights
emd liberties under law. I hope that Con-
gress through appropriated legislative
action, will continue what we began in
1972, by seeing that a pan, of each Law
Day belongs to the law officer. I am re-
introducing my resolution to accom-
plish this on May 1. 1973 and I urge its
favorable consideration. We owe our law
enforcement personnel no less.
There being no objection, the joint
resolution was ordered to be printed in
the Record, as follows:
S.J. Res. 11
WTiereas the first day of May of each year
was designated as Law Day. U.S.A. and was
set aside as a special day of celebration by
the American people in appreciation of their
liberties and in reaffirmation of their loyalty
to the United States of America; and of their
rededlcatlon to the Ideals of equality and
Justice under law in their relations with
each other as well as with other nations;
and for the cultivation of that respect for
law that Is so vital to the democratic way
of life : Be it
Resolved by the Senate and House of Rep-
resentatives of the United States of America
in Congress assembled, That in the celebra-
tion of Law Day, May 1, 1973. special em-
phasis be given by a grateful people to the
law enforcement officers of the United States
of America for their unflinching and devoted
service in helping to preserve the domestic
tranquillity and guaranteeing to the indivi-
dual his rights under the law.
"Banking, Housing, and Urban Af-
fairs 16
"Commerce 17
"Finance 17
"Foreign Relations 17
"Government Operations 16
"Interior and Insular Aflalrs 13
"Judiciary 16
"Labor and Public Welfare 16
"Public Works 14."
The PRESIDING OFFICER. Is there
objection to the present consideration of
the resolution']'
There being no objection, the resolu-
tion was considered and agreed to.
SENATE RESOLUTION 10— MODIFI-
CATION OF RULE XXV OF STAND-
ING RULES OF SENATE
Mr. MANSFIELD. Mr. President, I send
to the desk a resolution which has been
cleared with the distinguished Republi-
can leader, and ask for its immediate
consideration,
Tlie PRESIDING OFFICER. The reso-
lution will be .stated.
Tlie legislative clerk read as follows:
Senate Resolution 10
Resolved. That paragraph 2 of Rule XXV
of the Standing Rules of the Senate Is modi-
fled to read as follows:
"2. Except as otherwise provided by para-
graph 6 of this rule, each of the following
standing committees shall consist of the
number of Senators set forth In the follow-
ing table on the line on which the name of
that committee appears:
"Committee: Members
"Aeronautical and Space Sciences... 13
"Agriculture and Forestry 14
"Appropriations 26
"Armed Services 15
SENATE RESOLUTION 12— MAJOR-
ITY PARTY'S MEMBERSHIP ON
STANDING COMMITTEES AND SE-
LECT COM^^TTEE ON SMALL
BUSINESS ;
Mr. MANSFIELD. Mr. President, be-
fore I send the next re.solution to the
desk, I want to say for the record thm
it represents the selection of Democratic
members of the several committees of
the Senate, that the selections were made
initially by the Democratic Steering
Committee, which consists of 19 mem-
bers this year, that the members of that
committee were free to vote for any
member of the committee whom they
desired and any chairman whom they
desired. It was not a question of senior-
ity. It was a question of geojiraphy in
some instances, philosophy in other in-
stances, with seniority playing a part but
with the members, by secret ballot, de-
termining the choices which were made.
These selections were then presented
to the Democratic conference this morn-
ing. The committees were voted on en
bloc. The chairmen were voted on singly,
and the results were that the commit-
tees and the chairmen, on the basis of
the procedure outlined, received imani-
mous votes.
It is the intention of the majority
leader to ask for a vote en bloc on each
committee, but before that vote occurs,
for a vote singly on each chairman.
I send the resolution to the desk and
ask for its immediate consideration.
The PRESIDING OFFICER. Tlie res-
olution will be stated.
The legislative clerk read as follows:
S. Rrs. 12
Resolved, That the following shall consti-
tute the majority party's membership on
the standing committees ajid the Select Com-
mittee on Small Busines.-, of the Senate for
the Ninety-third Congress:
Committee on Aeronautical and Space Sci-
ences: Mr. Moss (Chairman). Mr. Mognuson,
Mr. Symington, Mr. Stennis. Mr. Cannon. Mr.
Abourezk. Mr. Haskell.
Committee on Agriculture and Forestn,':
Mr. Talmadge ( Chairman i . Mr. Eastland, ^Ir,
McGovern, Mr. Allen, Mr. H\miphrey. Mr.
Hathaway, Mr, Huddleston, Mr. Clark.
Committee on Appropriations: Mr. McClel-
lan (Chairman!, Mr. Magnuson. Mr. Stennis,
Mr. Pastore. Mr. Bible. Mr. Byrd of West Vir-
ginia, Mr. McGee. Mr. Mansfield, Mr. Prox-
mire, Mr, Montoya, Mr. Inouye. Mr. HolUngs,
Mr. Bayh, Mr. Eaeleton Mr. Chiles.
Committee on .'\rmed Services: Mr. Stennis
(Chairman), Mr. Symington, Mr. Jackson,
Mr. Ervln. Mr. Cannon. Mr. Mclntyre. Mr.
Byrd of Virginia. Mr. Hughes, Mr. Nunn.
Committee on Banking, Housing, and Ur-
bar. Affairs: Mr. Sparkman (Chairman). Mr.
Proxmlre, Mr. Williams, Mr. Mclntyre, Mr.
520
CONGRESSIONAL RECORD — SENATE
January !,, 1973
:ranstoii, Mr. Stevenson. Mr. Johnston, Mr.
iathaway. Mr. Biden
Cammittee on Commerce: Mr. Magnuson
CTiairman), Mr. Pastore. Mr. Hartke, Mr.
lirt. Mr. Cannon, yr. Long, Mr. Moss, Mr.
ic-lUngs, Mr. Inouye. Mr. Tunney.
Committee on Finai.Ci^: Mr. Long (Chair-
nan). Mr. Talmadge. Mr. Hartke, Mr. Ful-
srlght. Mr. Ribicoff. Mr. Byrd of Virginia. Mr.
>Jelson. Mr. Mondale, Mr. Gravel, Mr. Bent-
;en.
C^mmilttee on Foreign Relations: Mr. Ful-
irirh*. (Chairmar, t . Mr. Sparkman, Mr. Mans-
ield. Mr. Church. Mr. Symlngtonr Mr. Pell.
ar. McGee, Mr. Muskle, Mr. Humphrey, Mr.
^IcGov?rr..
Committee on Government Operations: Mr.
Lrvin i Chairman). Mr. McClellan. Mr. Jack-
son. Mr. Muskle. Mr. Ribicoff. Mr. Metcalf.
kir. Allen. Mr. Chilc^. Mr. H.iddlestcn. Mr.
■^Miin.
Committee on Interior and Insular Af-
:alrs: Mr. Jackson (Chairman), Mr. Bible.
^Ir. Church. Mr. Metcalf, Mr. Johnston, Mr.
\bourezk. Mr. Haskell.
Committee on the Judiciary: Mr. Eastland
Chairman). Mr McClellan. Mr. Ervln, Mr.
lart. Mr. Kennedy. Mr. Bayh. Mr. Burdlck,
\\T. Byrd of West Virginia, Mr. Tunney.
Committee on Labor and Public Welfare:
Mr Williams (Chairman). Mr. Randolph,
Mr. Pell. Mr. Kennedy. Mr. Nelson. Mr. Mon-
lale. Mr. Eagleton. Mr. Cranston, Mr. Hughes,
Mr. Stevenson.
Cor.imittee on Public Works: Mr. Randolph
Chairman!. Mr. Muskle, Mr. Montoya. Mr.
jravel. Mr. Eentsen. Mr. Burdlck, Mr. Clark,
Mr. Biden.
Committee on Rules and Administration:
Mr. Cannon (Chairman). Mr. Pell, Mr. Byrd
If West Virginia. Mr. Allen. Mr. Williams.
Re.so/rcd.
Committee on Post Office and Civil Service:
Mr. McGee (Chairman). Mr. Randolph, Mr.
3i!rctiek, Mr. Hollings. Mr. Moss.
Committee on the District of Columbia:
\ir. Eagletoia (Chairman), Mr. Inouye, Mr.
Stevenson, Mr. Tunney.
Con:nilttee on Veterans Affairs: Mr. Hartke
Chairman). Mr. Talmadge, Mr. Randolph.
Mr Huithes. Mr. Cranston.
Belect Committee on Small Business: Mr.
Bible I Chairman), Mr. Sparkman, Mr. Nel-
son. Mr. Mclntyre. Mr. Pell, Mr. Nunn, Mr.
John.ston, Mr. Hathawav. Mr. Abourezk, Mr.
Haskell.
Mr. METCALF. Mr. President, a par-
liamentary- inqiiity.
The PRESIDING OFFICER. The Sen-
itor irom Montana will .state it.
Mr. METCALF. Are these selections of
'ornmittees open to amendment under
;he rules of the Senate?
The PRESIDING OFFICER. Yes; they
.vouW be open to amendment.
Mr. METCALF. As I understand it.
:hen. any Member could amend or sug^-
est another Member as chairman of this
committee?
The PRESIDING OFFICER. That is
:orrect.
Mr METCALF. If we have a call of the
roll on the other committees, we could
uigpest an amendment to the member-
-hip on those committee."??
The PRESIDING OFFICER. That is
[■orrect.
Mr. METCALF. I thank the Chair.
The PRESIDING OFFICER. Is there
abjection to the present consideration
a^the resolution? Without objection; the
Senate will now proceed to consider the
r^lution.
V/Ir. MANSFIELD. Mr. President, I ask
for a voice vote on each chairman and
oti the membership of each committee en
bl«c. If any Senator wants a record vote,
it ^hll be accorded him.
■3
The PRESIDING OFFICER. The ques-
tion is on agreeing to the chairman of
the Committee on Aeronautics and Space
Sciences, the Senator from Utah (Mr.
Moss. (Putting the question.) The chair-
man is agreed to.
The PRESIDING OFFICER. The clerk
will report the Democratic committee
members.
The Legislative Clerk. Senators Mag-
nuson, Symington, Stennis, Cannon,
Abourezk, and Haskell.
The PRESIDING OFFICER. The cfues-
tion is on agreeing en bloc to the Demo-
cratic committee members. [Putting the
question.] The Democratic committee
members are agreed to.
The clerk will report the next com-
mittee chairman.
The Legislative Clerk. The Commit-
tee on Agriculture and Forestry, Mr.
Talmadge, chairman.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the chairman.
[Putting the question.] The committee
chairman is agreed to.
The clerk will rei>ort the Democratic
committee members.
The Legislative Clerk. Senators East-
land, McGovern, Allen, Humphrey,
Hathaway, Huddleston, and Clark.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the Democratic
committee members. [Putting the ques-
tion.] The Democratic committee mem-
ber.s are rffr?ed to.
The clerk will report the next chair-
man.
The Legislative Clerk. The Commit-
tee on Appropriations, Mr. McClellan,
chairman, j
The PRESIDING OFFICER. The ques-
tion is on agreeing to the selection of
the chairman. [Putting the question.]
The chairman is agreed to.
The clerk will report the Democratic
committee members.
The Legislative Clerk. Senators Mag-
nuson, Stennis, Pastore, Bible, Robert
C. Byrd, McGee, Mansfield, Proxmire,
Montoya, Inouye, Rollings, Bayh, Eag-
leton, and Chiles.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the Democratic
committee members. [Putting the ques-
tion.] The Democratic committee mem-
bers are agreed to.
The clerk will report the next chair-
man.
The Legislative Clerk. The Commit-
tee on Armed Services, Mr. Stennis,
chairman.
Tlie PRESIDING OFFICER. The ques-
tion is on agreeing to the chairman.
(Putting the question.] The chairman is
agreed to.
The clerk will report the Democratic
committee members.
The Legislative Clerk. Senators Sy-
mington, Jackson, Ervin, Cannon, Mc-
Intyre, Harry P. Byrd. Hughes, and
NUNN.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the Democratic
committee members. [Putting the ques-
tion.]
The Democratic committee members
are agreed to.
Tlie clerk will report the next chair-
man.
The Legislative Clerk. The Committee
on Banking. Housing and Urban Affairs,
Mr. Sparkman, chairman.
The PRESIDING OFFICER. The
question is on agreeing to the chairman.
I Putting the question. 1 The chairman is
agreed to.
The clerk will report the selection of
the Democratic members of the com-
mittee.
The Legislative Clerk. Senators Prox-
mire, Williams, McIntyre, Cranston,
Stevenson, Johnston, Hathaway, and
Biden.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the Democratic
members of the committee. [Putting the
question.] The Democratic committee
members are agreed to.
The clerk \\\\\ report the next chair-
man.
The Legislative Clerk. The Committee
on Commerce, Mr. Magnuson. chairman.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the chairman. [Put-
ting the question.] The chairman is
agreed to.
The clerk will report the Democratic
members of the committee.
The Legislative Clerk. Senators Pas-
tore. Hartke. Hart, Cannon, Long, Moss,
Hollings, Inouye, and Tunney.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the Democratic
members of the committee. (Putting the
question.]
The Democratic members of the com-
mittee are agreed to.
The clerk will report the next chair-
man.
The Legislative Clerk. The Commit-
tee on Finance. Mr. Long, chairman.
The PRESIDING OFFICER. The
question is on agreeing to the chairman.
(Putting the question.] The chairman is
agreed to.
The clerk will report the Democratic
members of the committee.
The Legislative Clerk. Senators Tal-
madge, Hartke, Fulbright, Ribicoff,
Harry F. Byrd, Nelson, Mondale, Gra-
vel, and Bentsen.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the Democratic
members of the committee. [Putting the
o.uestion.]
Democratic members of the committee
are agreed to.
The clerk will report the next chair-
man.
The Legislative Clerk. The Commit-
tee on Foreign Relations, Mr. Fulbright,
chainmn.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the chairman. [Put-
ting the question.] The chairman is
agreed to.
The clerk will reiiort the Democratic
members of the committee.
The Legislative Clerk. Senators
Sparkm.an, Mansfield, Church, Syming-
ton, Pell, McGee. Muskie. McGovern,
and Humphrey.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the Democratic
members of the committee. (Putting the
question.] The Democratic members of
the committee are agreed to.
The clerk will report the next chair-
man.
The Legislative Clerk. The Commit-
tee on Government Operations, Mr.
Ervin, chairman.
Jamiary ^, 1973
CONGRESSIONAL RECORD — SEN ATE
321
The PRESIDING OFFICER. The ques-
tion is on agreeing to the chairman [put-
ting the question]. The chairman is
agreed to.
The clerk will report the Democratic
members of the committee.
The Legislative Clerk. Senators Mc-
Clellan, Jackson, Muskie. Ribicoff,
Metcalf, Allen, Chiles, Huddleston,
and Nunn.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the Democratic
members of the committee [putting the
question]. The Democratic members of
the committee are agreed to.
The clerk will report the selection of
the next chairman.
The Legislative Clerk. The Commit-
tee on Interior and Insular Affairs, Mr.
j.\ckson, chairman.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the chairman [put-
ting the question]. The chairman is
agreed to.
The clerk will report the Democratic
members of the committee.
The Legislative Clerk. Senators Bible,
Church, Metcalf, Johnston, Abourezk,
and Haskell.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the Democratic
members of the committee [putting the
question]. The Democratic members of
the committee are agreed to.
The clerk will report the next chair-
man.
The Legislative Clerk. The Committee
on the Judiciary, Mr. Eastland, chair-
man.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the chairman [put-
ing the question].
The chairman is agreed to.
The clerk will report the Democratic
members of the committee.
The Legislative Clerk. Senators Mc-
Clellan, Ervin, Hart, Kennedy, Bayh,
Burdick, Robert C. Byrd, and Tunney.
The PRESIDING OFFICER. The
question is on agreeing to the Democratic
members of the committee [putting the
question]. The Democratic members of
the committee are agreed to.
The clerk will report the selection of
the next chairman.
The Legislative Clerk. The Commit-
tee on Labor and Public Welfare, Mr.
Williams, chairman.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the chairman [put-
ting the question]. The chairman is
agreed to.
The clerk will report the selection of
the Democratic members of the commit-
tee.
The Legislative Clerk. Senators Ran-
dolph, Pell, Kennedy, Nelson, Mondale,
Eagleton, Cranston, Hughes, and Stev-
enson.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the Democratic
members of the committee [putting the
question]. The Democratic members of
the committee are agreed to.
The clerk will report the selection of
the next chairman.
The Legislative Clerk. The Commit-
tee on Public Works, Mr. Randolph,
chairman.
The PRESIDING OFFICER. The ques-
CXIX 21— Part 1
tion is on agreeing to the chairman [put-
ting the question]. The chairman is
agreed to.
The clerk will report the Democratic
members of the committee.
The Legislative Clerk. Senators Mus-
kie, Montoya, Gravel, Bentsen, Bur-
dick, Clark, and Biden.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the Democratic
members of the committee [putting the
question). The Democratic members of
the committee are agreed to.
The clerk will report the next chair-
man.
The Legislative Clerk. The Commit-
tee on Rules and Administration, Mr.
Cannon, chairman.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the chairman [put-
ting the question]. The selection of the
chairman is agreed to.
The clerk will report the selection of
the Democratic members of the commit-
tee.
The Legislative Clerk. Senators Pell,
Robert C. Byrd, Allen, and Williams.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the Democratic
members of the committee [putting the
question]. The Democratic members of
the committee are agreed to.
The clerk will report the next chair-
man.
The Legislative Clerk. The Commit-
tee on Post OfBce and Civil Service, Mr.
McGee, chairman.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the cliairman [put-
ting the question]. The chairman is
agreed to.
The clerk will report the Democratic
members of the committee.
The Legislative Clerk. Senators Ran-
dolph, Burdick, Hollings, and Moss.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the Democratic
members of the committee [putting the
question]. The Democratic members of
the committee are agreed to.
The clerk will report the next chair-
man.
The Legislative Clerk. The Commit-
tee on the District of Columbia, Mr.
Eagleton, chairman.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the chairman
[putting the question]. The chairman Is
agreed to.
The clerk will report the Democratic
members of the committee.
The Legislative Clerk. Senators
Inouye, Stevenson, and Tunney.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the Democratic
members of the committee [putting the
question]. The Democratic members of
the committee are agreed to.
The clerk will report the next chair-
man.
The Legislative Clerk. The Commit-
tee on Veterans' Affairs, Mr. Hartke,
chairman.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the chairman
[putting the question] .
The chairman is agreed to.
The clerk will report the Democratic
members of the committee.
The Legislative Clerk. Senators Tal-
madge, Randolph, Hughes, and Crans-
ton.
The PRESIDING OFFICER. The ques-
tion is on agreeing to Democratic mem-
bers of the committee (putting the ques-
tion]. The Democratic members of the
committee are agreed to.
The clerk will report the next chair-
man.
The Legislative Clerk. The Select
Committee on Small Business, Mr. Bible,
chairman.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the chairman [put-
ting the question]. The chairman is
agreed to.
The clerk will report the Democratic
members of the committee.
The Legislative Clerk. Senators
Sparkman, Nelson, McIntyre, Pell,
Nunn, Johnston, Hathaway, Abourezk,
and Haskell.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the Democratic
members of the committee [putting the
question]. The Democratic members of
the committee are agreed to.
RESOLUTION TO INCREASE THE
MEMBERSHIP OF THE SPECIAL
COMMITTEE ON AGING
Mr. MANSFIELD. Mr. President, I
send to the desk a resolution and ask
unanimous consent for its immediate
consideration.
The PRESIDING OFFICER (Mr. Hud-
dleston). Is there objection to the pres-
ent consideration of the resolution?
There being no objection, the resolu-
tion (S. Res. 11) was considered and
agreed to, as follows:
Resolved, That the Special Committee on
Aging, established by S. Res. 33, 87th Con-
gress, agreed to on February 13, 1961, as
amended and supplemented, shall hereafter
consist of twenty-one members, twelve of
whom shall be appointed from the majority
party and nine of whom shall be appointed
from the minority party.
JOINT COMMITTEE ON ATOMIC EN-
ERGY—APPOINTMENT BY THE
VICE PRESIDENT
The PRESIDING OFFICER (Mr.
Stevens). The Chair, on behalf of the
Vice President, imder the provisions of
section 2251 of title 42, United States
Code, appoints the following Senator to
fill a vacancy of the majority party mem-
bership to the Joint Committee on
Atomic Energy: Mr. Montoya.
SPECIAL COMMITTEE ON AGING-
APPOINTMENT BY THE VICE
PRESIDENT
The PRESIDING OFFICER. The
Chair, on behalf of the Vice President,
under the provisions of S. Res. 33, 87th
Congress, agreed to on February 13, 1961,
as amended and supplemented, appoints
the following Senators to fill vacancies
on the majority party membership on
the Special Committee on Aging: Mr.
Tunney, Mr. Chiles.
322
JOINT COMMITTEE ON REDUCTION
OF FEDERAL EXPENDITURES —
APPOINTMENT BY VICE PRESI-
DENT
The PRESIDING OFFICER. The
Chair, on behalf of the Vice President,
in accordance with Public Law 77-250,
and acting on the recommendation of the
chairman of the Committee on Finance
appoints the Senator from Indisma (Mr.
Hartke I t^ fill a vacancy of the major-
ity pyarty membership on the Joint Com-
mittee on Reduction of Federal Expendi-
tures.
CONGRESSIONAL RECORD — SENATE
Jamiary 4,
197S
WE ARE ALL ACCOUNTABLE AND
WE MUST ACT
Mr. McINTYRE. Mr. President. I find it
outrageous that as we open this new
Congress, we still find our prime task to
be ending the war in Vietnam.
Most of us here, like most Americans,
wish that somehow this painful tragic
war would simply go away. We reeilly
do not want to think about it. In pai*
ticular. we do not want to think about
it in the last couple of months, because,
just as a sense of relief at an imminent
peace c£une over us, that peace eluded
our grasp. Then, in a "holiday season,
came the awful bombing and our fa-
tigued, numbed Nation could hardly ac-
cept the fact that not only had we missed
the peace, but we had added still another
new dimension of national wrongdoing to
this war.
But we must confront the issue.
It is our duty. And especially it is our
duty now, because the President's record
in the last 2 months, whether or not be-
fore that, has demonstrated the desper-
ate need for the reassertion of the con-
stitutional system of checks and bal-
ances.
As Senator Styles Bridges, who under-
stood Congress' constitutional respon-
sibilities well, said over a generation ago,
the responsibility for peace or war is too
great for any one man and the last 2
months' experience has underlined once
again the need for the Congress to act —
for three reasons in particular.
First, it is now even clearer that many
of us in this body, and I believe a major-
ity of the American people, have a sub-
stantially different view of how to achieve
peace in Vietnam than the adminis-
tration. For years now this administra-
tion has sought peace by negotiation if
possible — by military force if necessary. I
believe that our Nation has wanted peace
by negotiation if possible, but if not, sim-
ply to withdraw — the only condition 'be-
ing the return of our prisoners of war,
safety for our withdrawing troops, and
a full accounting of those missing in ac-
tion. I will not recite here the treasures
of life, money, nationhood and con-
science that our Nation has spent in be-
half of South Vietnam, but whatever our
obligations may be we discharged them
long ago and it is now time that South
Vietnam must stand on Its own.
But the President does not agree that
we should withdraw from Vietnam in
return for our prisoners of war if negoti-
ations fail. Indeed, the speculation about
the sincerity of Mr. Kissinger and the
President In their pronouncements about
the expectations for an early end to the
war, timed as these annotmcements were
immediately before the last election,
misses this important point.
This Senator, who did indeed support
these negotiations with his vote at a
key point last fall, this Senator who has
shared the Nation's hopes that negotia-
tion would succeed, nevertheless has be-
lieved for years that if the differences
could not be resolved through negotia-
tion that we should simply withdraw in
return only for our prisoners of war. The
outstanding differences between the ne-
gotiators, described in the press reports,
suggests that there are no remaining is-
sues which in my view justify the con-
tinuation of this war.
And since the President and Mr. Kis-
singer do not agree with us on this, let
us each meet our responsibility to the
Constitution and let the Congress assert
its 'lew to the contrary.
The last 2 months' experience has un-
derlined the need for the Senate to act
for a second reason. I speak of the bomb-
ing itself, the character of the bombing.
How hard it has been for us all, espe-
cially for this Senator, a combat veteran
like many of his colleagues, to accept
the undeniable facts about what we have
done in this war. I am not speaking in
this case of whether our goals in Vietnam
were ever valid or what conditions would
be necessary for us to withdraw. I am
speaking about how we have waged this
war and how so many times the means
with which we sought our ends have con-
tradicted our sense of what we wanted
our Nation to stand for.
And I must say to my colleagues today
and to my friends and neighbors in New
Hampshire, that there has been no act
in Vietnam, or for that matter In the
history of American warfare to my
knowledge, which so directly and deeply
contradicts my conception of what
America should stand for than the bomb-
ing which we imleashed in December.
This was terror bombing. We bombed
targets of dubious military value in ob-
vious civilian areas. We bombed them
so savagely and ruthlessly that we miist
have known we were inevitably bombing
civilians. So we did not bomb to destroy
military forces — but to intimidate a peo-
ple. Even if the bombing had achieved
this goal it was wrong to do, WTong in
ai.d of itself: it was wrong.
And since the President evidently does
not feel that way, it is our constitutional
responsibility to act on our convictions
and to insist that our Nation not
again \1olate our basic sense of national
decency.
Thirdly, the Congress must act because
it is clear that the administration has —
especially in the last 2 months — shown a
flagrant disregard for orderly govern-
ment. Indeed, they have flaunted their
responsibilities to an open society by re-
fusing to discuss, explain, or justify the
bombing. Their mish-mash of half-
truths, their backing and filling, their
hemming and hawing is an insult to the
intelligence of the American people and
the integrity of the American Govern-
ment.
First they deny that we could have
bombed a hospital, and then admit that
we may have bombed a hospital, stating,
of course, that it might have been a mis-
fired Vietnam weapon that caused the
damage. They do this in spite of the fact
that we have the most complete, costly,
and sophisticated intelligence system in
the world. Are they saying to us that
they do not know where our bombs went?
If so, it is a confession of an abysmal
failure of our military intelligence. Or is
it that they do not want to say where
the bombs went? In this case it is an
offense to the American people and to
humanity.
The administration has acted as if we
should accept the myth that indeed the
emperor does have new clothes this last
holiday season. Bunk.
So now, even though we would all like
to have this war pass from our mind and
had hoped that it had; even though we
would now like to address ourselves to
the hiunan problems of our own Nation,
instead, I say that we must act as a Con-
gress and a nation to end this war now.
I therefore state to my colleagues in
the Senate and to my fellow citizens in
New Hampshire that is my unflinching
intention to continue to add my voice
and vote to end-the-war legislation. This
is why I voted in the Democratic confer-
ence today in support of an immediate
end to the use of public funds for U.S.
military combat operations in or over
Indochina subject only to safe with-
drawal of our troops, accounting of our
missing in action, and the return of
American prisoners of war; this is why
I joined in sponsoring Senator Brooke's
Vietnam Disengagement Act; and this
is why I ask for all reflective citizens in
New Hampshire of whatever party of
persuasion to join with me in adding
their voices and influence on behalf of an
immediate end to this war.
This is our duty whether we are in
office or not because as citizens we are
all accountable for the actions of our
Nation.
[Applause in the galleries.]
The PRESIDING OFFICER (Mr.
Stevens). Visitors in the galleries are
guests of the Senate and may not dem-
onstrate in any way.
Mr. McINTYRE. Mr. President, I sug-
gest the absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The legislative clerk proceeded to call
the roll.
Mr. STEVENS. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER ' Mr. Has-
kell) . Without objection it is so ordered.
ORDER TO SUBMIT A SENATE RESO-
LUTION NUMBERED RESOLUTION
38
Mr. STEVENS. Mr. President. I ask
unanimous consent that I be permitted
to submit a resolution, to be held at the
desk until the time when the number 38
for Senate resolutions Is reached, and
that the resolution be submitted on that
date despite my absence from this body.
The PRESIDING OFFICER. Is there
objection? Without objection, it is so
ordered.
What is the will of the Senate?
Mr. GRIFFIN. Mr. President, I suggest
the absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
January .4, 1973
CONGRESSIONAL RECORD — SENATE
323
The legislative clerk proceeded to call
the roll.
Mr. HARRY F. BYRD, JR. Mr. Presi-
dent, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
REPORTED NAVY LOAN TO GRUM-
MAN CORP.
Mr. HARRY F. BYRD, JR. Mr. Presi-
dent, I was concerned and puzzled to read
a news dispatch this morning which
states that the Grumman Corp. has re-
ceived an additional $18 million loan
from the Navy.
I am puzzled and concerned not so
much by the loan as I am by the assump-
tion that the news accounts are accurate,
and that this means that the company's
total indebtedness to the Department of
Defense at the present time stands at $54
million.
The same news dispatch in the New
York Times stated that the Assistant
Secretary of Defense, Mr. Shillitoe. testi-
fied last siunmer that the Navy had ap-
proved two other loans totaling $86 mil-
lion, and, as I mentioned earlier, the
total indebtedness of the company now
is $54 million.
These figures just came to my atten-
tion. But I recall that in 1970 — I could
not remember the exact date, but I now
have the Congressional Record of July 9,
1970, which shows that on that date I
submitted an amendment to the Defense
Production Act, then under considera-
tion by the Senate, to limit all loans
to defense contractors to $20 million.
A little history, I think, is necessary to
get the full background. The Defense
Production Act of 1950 permits the De-
fense Department to guarantee loans. It
was enacted during the Korean war, and
Its purpose was to make it possible for
small businesses to help supply the de-
fense needs of the Nation.
In analyzing the Defense Production
Act of 1950, I found that there was no
limitation on the amount of loans that
the Defense Department could make to
a particular contractor. With that in
mind, I felt that there should be some
limit. I submitted an amendment on the
floor of the Senate to make that limit
$20 million.
The senior Senator from Arkansas, the
chairman of the Committee on Foreign
Relations (Mr. Fulbright) , submitted an
amendment to my amendment to place
the limit at $15 miUion. A vote was taken
on that, and the roUcall Is printed on
page 23474 of the Congressional Rec-
ord of July 9, 1970. Mr. Pttlbright's
amendment was rejected by a vote of 23
yeas to 52 nays. Then the vote recurred
on the Byrd amendment, which provided
a limit of $20 million, and that amend-
ment was agreed to by a vote of 75 yeas
and 0 nays. It was approved unanimous-
ly by the Senate of the United States,
and then it went to the House of Repre-
sentatives and then to conference, where
it was likewise approved, and It became
law on August 13, 1970.
That placed a limit of $20 million on
any loans by the Defense Department to
defense contractors. So that is why I say
I am concerned and puzzled today that
the New York Times reports that the
Grumman Corp.'s total indebtedness to
the Department of Defense now stands
at $54 million. I am puzzled as to how It
could be $54 million, how the Govern-
ment could lend $54 million to this one
company, when the law specifically states
that $20 million shall be the maximupi.
At this point, Mr. President, I submit
for the Record the amendment which I
submitted on July 9, 1970, captioned
"Loan Guarantees." It reads as follows;
Sec. 4. Section 301 of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2091) is
amended by adding at the end thereof a new
subsection as follows:
■■(6) The maximum obligation of any guar-
anteeing agency to any contractor, subcon-
tractor, or any other recipient under this sec-
tion for any loan, discount, advance, or com-
mitment in connection therewith, entered
into under this section shall not exceed $20-
000,000 except with the approval of the Con-
gress."
Has Congress approved such a loan?
Congress did not even know anything
about the loan. I want to emphasize that
I am not speaking now in opposition to
the Grumman Corp. I am not speaking in
opposition to any corporation. I am not
speaking in opposition to the Navy. I am
not speaking in opposition to the De-
fense Department, and I am not speaking
in opposition to any private company.
But I am speaking in opposition to what
appears to me to be a violation of the
laws of the United States in regard to
the handling of public funds in the way
of loans by the Defense Department to
private contractors.
It may be that the figures in the New
York Times today are in error. I doubt
it. The Times has a record of accuracy
in dealing with figures. I am not certain
about its acctu^acy in the interpretation
of events, but I am speaking of its ac-
curacy in regard to figures. It reports
that Grumman's total Indebtedness to
the Defense Department now stands at
$54 million. It reports further that As-
sistant Secretary of Defense Shillito ap-
proved two other loans totaling $86
million.
I wish I had time to commimicate with
the Defense Department and find out
more about these figures, but the Senate
will not be in session aga'tn until some-
time next week. Being greatly concerned
that there appears to be a violation of
the act of 1970, I wanted to take this
means today to draw the attention of the
Senate to that 1970 law limiting loans to
defense contractors.
Mr. President, there was a great deal
of debate in the Senate in 1970 on this
subject. Some of the Senators who par-
ticipated then were Senators Fulbright,
Proxmire, Cotton, Bennett, Stennis,
Holland, and myself.
Now there is one other point that I
want to make. I put these figures in the
Record in July of 1970. At the end of
May 1970, loan guarantees outstanding
totaled $14,305,549.92. This total, repre-
sented by guarantees of loans to seven
different companies. Is an average of $2
million per company. The largest guar-
antee outstanding is for $8,750,000.
Using that as a basis, I felt the figure
of $20 million to be an appropriate limi-
tation to put on a loan to any particular
contractor.
So again I say, Mr. President, that it is
disturbing to me to read that the Grum-
man Corp.'s total indebtedness to the De-
partment of Defense npw stands at $54
million.
I ask again: How that can appro-
priately be, when the law clearly specifies
that loans shall be limited to $20 million?
This $20 million limitation was written
into law in 1970. It resulted from the
fact that the Defense Production Act of
1950 was open-ended. There was no limi-
tation. When this came to my attention,
I invited the attention of the Senate to
that fact and presented an amendment
with a limitation of $20 million. The Sen-
ate imanimously approved that limita-
tion and the House of Representatives
concurred. It became law as a result of
the signature of the President of the
United States.
I hope that there is some explanation
by the Department that is not apparent
to me today. I must say that only just
this afternoon, I became aware of the
figures that were published this morning
which state that the loans to the Grum-
man Corp. now total $54 milUon. I will
seek a full explanation from the Depart-
ment of Defense. I am wondering wheth-
er someone in the Department may feel
that they are still operating under the act
of 1950 without being aware of the limi-
tation imposed in 1970.
ADDITIONAL STATEMENTS
REMARKS OF SENATOR MANSFIELD
AT THE DEMOCRATIC CONFER-
ENCE
Mr. MANSFIELD. Mr. President, I ask
imanimous consent to have printed In
the Record the text of the statement
I made today at the Democratic confer-
ence.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Remarks of Senator Mike Mansfield at thk
Democratic Conference
We meet, today, with a new majority. We
meet with new reeponsibilitles and a new
mandate.
The same electorate that endorsed the
President increased the Democratic major-
ity In the Senate by two votes. If the re-
elected Members (Senators Sparkman. Mc-
Clellan, Mondale, Eastland, Metcalf, Mcln-
tyre and Randolph), and Senators-elect
(Senators Abourezk of South Dakota. Blden
of Delaware, Clark of Iowa, Haskell of Colo-
rado, Hathaway of Maine, Huddleston of
Kentucky, Johnston of Louisiana, and Nunn
of Georgia) will stand, the Conference
would appreciate the opportunity and the
privilege of congratulating them en bloc.
In my Judgment, the vote for each of these
Senators in November was cast for them as
individuals. Each speaks with unique ideo-
logical and regional accents. Each has a sen-
sitivity to a particular constituency. Nothing,
I may say today, is Intended to detract from
that basic fact of victory In this or any other
free election. Collectively, however, these
Senators are representative of the Democratic
Party. They reflect the strength of a unified
political Identity In the midst of ideological
diversity, of a party that excludes no sector
of the nation, nor any group of Americans.
What I have to say now, I say with all due
respect and affection for our distinguished
colleague from South Dakota. (And if I may
digress for a moment, I would note that not a
single Member of the Democratic Majority In
the Senate of the 92nd Congress — south.
324
CONGRESSIONAL RECORD — SENATE
January ^, 197B
north, east, or west — defected to the Republi-
can Presidential candidate In November.)
Notwithstanding the outcome of the No-
vember election. It should be emphasized
that, as a Senator from South Dakota, George
McGovern shares the mandate which the
electorate has given to the Senate Majority. I
have every confidence that we can expect of
him a vigorous contribution In Its pursuit.
The recent election tells us something of
what the people of the nation expect of thfe
Senate. If there Is one mandate to us above
all others. It Is to exercise our separate anct
distinct constitutional role In the operation
of the Federal government. The people have
not chosen to be governed by one branch T»f
government alone. They have not asked for
government by a single party. Rather, they
have called for a reinforcement of the Con-
stitution's checks and balances. This Demo-
cratic Conference must strive to provide that
reinforcement. The people have asked of us
an independent contribution to the nation's
policies. To make that contribution is more
than our prerogative. It Is our obligation.
An Independent Senate does not equate
with an obstructionist Senate. Insofar as the
Leadership Is concerned, the Senate wUl not
be at loggerheads with the President, person-
ally, with his party or his Administration.
The Senate will give most respectful atten-
tion to the President's words, his program
and his appointments. Every President de-
serves that courtesy. During the period In
which you have entrusted me with the lead-
ership, every President hsis had that courtesy.
In a similar vein, the rights of the Repub-
lican Minority in the Senate will be fully
sustained by the Majority Leadership and
I anticipate the cooperation of the minority
leadership In the operation of the Sena^
I would say to the Minority, however, •flo
les6 than to the Majority, that the Senate
must be prepared to proceed In Its own way.
When conscience so dictates, we must seek
to Initiate and advance public programs
from the Senate and, as indicated, to revise
proposals of the Executive Branch.
It is my expectation that the House of
Representatives will join In this approach.
To that end, the Senate Leadership will seek
to establish close and continuing liaison
with that of the House. Looking to the needs
of the entire nation, moreover, the Leader-
ship will put out new lines of communica-
tion to the Governors Conference, notably
to its Democratic Members, as well as to the
National Democratic Party. We have much
to learn from these sources about conditions
in the nation. Their contribution can help
to Improve the design of federal activity to
meet more effectively the needs of all states.
There Is no greater national need than
the termination, forthwith, of our involve-
ment in the war In Viet Nam. This Confer-
ence has been In the vangtiard in seeking a
legislative contribution to rapid withdrawal
from that ill-starred, misbegotten conflict.
The Majority Conference has resolved over-
whelmingly to that effect Members have
voted on the Senate floor, preponderantly,
to that effect.
Nevertheless, the war Is still with us. Not-
withstanding intermlttant lulls and negotla-
ttons, the prisoners of war remain prisoners
and their numbers grow with each renewal
of the bombing. The fact Is that not a single
prisoner has been released to date by our
policies; the handful who have come home
have done so In consequence of gestures
from Hanoi.
The recoverable missing In action have yet
to be recovered and their numbers grow.
Americans still die In twos and threes and
plane-loads. Asians die by the hundreds and
thousands. The fires of an enduring hostility
are fed by unending conflict. We are In the
process of leaving a heritage of hate In
Southeast Asia to our children and our chil-
dren's children. And for what?
With the election behind us, I most re-
spectfully request every Member of the Con-
ference to examine his position and his con-
science once again on the question of Viet
Nam. I do not know whether there Is a leg-
islative route to the end of this blood trav-
esty. I do know that the time Is long since
past when we can take shelter In a claim of
legislative Impotence. We cannot dismiss our
own responsibility by deference to the Pres-
ident's. It Is true that the President can still
the guns of the nation In Viet Nam and bring
about the complete withdrawal of our forces
by a stroke of the pen. It Is equally true that
the Congress cannot do so. Neverthelesa. Con-
gress does have a responsibility. We are sup-
plying the funds. We are supplying the men.
So until the war ends, the effort must be
made and made again and again. The Execu-
tive Branch has failed to make peace by ne-
gotiation. It has failed to make peace by
elaborating the war first Into Cambodia, then
Into Laos and, this year, with blockade and
renewed bombing. Into North Viet Nam. The
effort to salvage a shfcd of face from a sense-
less war has succeeded only In spreading fur-
ther devastation and clouding this nation's
reputation.
It remains for the Congress to seek to bring
about complete dlslnvolvement. We have no
choice but to pursue this course. I urge every
Member of this caucus to act In concert with
Republican Senators, by resolution or any
other legislative means to close out the mili-
tary Involvement In Viet Nam. If there la
one area where Senate responsibility pro-
foundly supersedes party responsibility. It Is
in ending the Involvement In Viet Nam.
In view of the tendency of this war to
flare unexpectedly, the Leadership now ques-
tions the desirability of the Congress ever
again to be In sine die adjournment as we
have been since October 18. 1972. In that
Constitutional state the Congress Is unable
to be reassembled on an urgent basis except
by call of the President. It is the Leader-
ship's Intention, therefore, to discuss this
gap in Congressional continuity with the
House leaders. It may well be desirable to
provide, at all times, for recall of the Con-
gress by Congress Itself. There Is ample prec-
edent for providing standby authority of this
kind to the combined Leaderships.
If Indochina continues to preoccupy us
abroad, the Senate is confronted, similarly,
with an overriding domestic Issue. The Issue
Is control of the expenditures of the Federal
government. We must try to move to meet
It, squarely, at the outset of the 93rd Con-
gress.
In the closing days of the last session, the
President asked of Congress unilateral au-
thority to readjust downward expenditures
approved by the Congress within an overall
limit of $250 billion. The President's objec-
tives were meritorious but his concern at the
Imbalance In expenditures and revenues
might better have been directed to the fed-
eral budget which Is now a tool — not of Con-
gress, but of the Executive Branch. It Is there
that the origins of the great federal deficits
of the past few years are to be found. The
fact Is that Congress has not Increased but
reduced the Administration's budget re-
quests, overall, by $20.2 billion In the last
four years.
As the Conference knows, the House did
yield to the President's request for tempo-
rary authority to readjust downward, arbi-
trarily. Congressional appropriations. The
Senate did not do so. The Senate did not do
so for good and proper reasons. The power
of the purse rests with Congress under the
Constitution and the usurpation or transfer
of this fundamental power to the Executive
Branch will take the nation a good part of
the last mile down the road to government
by Executive flat. That is not what the last
election tells us to do. That Is not what the
Constitution requires us to do.
I say that not In criticism of the President.
The fault lies not In the Executive Branch
but in ourselves, in the Congress. We cannot
Insist upon the power to control expendi-
tures and then fall to do so. If we do not do
the job. If we continue to abdicate our Con-
stitutional responsibility the powers of the
federal government will have to be recast
so that It can be done elsewhere.
We must face the fact that as an Institu-
tion, Congress Is not readily equipped to
carry out this complex responsibility. By
tradition and practice, for example, each
Senate committee proceeds largely in its own
way In the matter of authorizing expendi-
tures. There Is no standing Senate mecha-
nism for reviewing expenditures to determine
where they may fit Into an overall program of
government. A similar situation exists In our
dealings with the House. So, if we mean to
face this problem squarely, it Is essential for
us to recognize that the problem Is two-fold.
It Involves: (1) coordination of expendlturee
within the Senate and; (2) coordination
with the House.
In the closing hours of the 92d Congress,
Congress created a Joint Committee to rec-
ommend procedures for Improving Congres-
sional control over the budget. WhUe this
committee cannot be expected to conclude
Its work by February 15, as the statute di-
rects. It would be my expectation that by
that date an Interim report wUl have been
submitted to the Congress. Thereafter, it Is
the Leadership's Intention to seek the ex-
tension of the Joint Committee In the hope
that a definitive answer can be found to the
problem.
In the meantime, what of the coming ses-
sion? Unless the Congress acts now to
strengthen coordinated control of expendi-
tures, It Is predictable that the Executive
Branch will press again for temporary au-
thority to do so. It Is predictable, too, that
sooner or later a Congressional Inertia will
underwrite the transfer of this authority on
a permanent basis.
That is the reality and It ought to be faced
squarely here In this caucus and on the floor
of the Senate. Unless and until specific means
are recommended by the Joint Committee, I
would hope that the Conference will give
the Leadership some guidance on how an
over-all expenditures celling may be set as
a goal for the first session of the 93d Con-
gress. Shall we attempt to do It here In the
Caucus? Shall we take a figure by sugges-
tion from the President? Thereafter, how will
we divide an over-all figure among the vari-
ous major priorities and programs? How
much for defense? For welfare? For labor and
so forth?
Who win exercise a degree of control over
expenditures proposed In legislation? Can it
be done by a committee of committee chair-
men? The Appropriations Committee?
Should the Majority Policy Committee moni-
tor expenditure legislation before It reaches
the Senate floor to determine compatibility
with an overall limitation? In any case,
where will the necessary budgeting techni-
cians and skilled fiscal ofBcers be obtained?
Prom the General Accounting OfBce? The
Congressional Research Service? By an ex-
panded Senate staff?
I would note In this connection the pro-
visions of the Reorganization Act of 1970
which called for a unified computerized sys-
tem for the federal government. The system
was to permit classifying various programs
and expenditures of the government so that
we might know, among other things, how
much was being spent for each particular
purpose. This knowledge Is essential for ef-
fective control of expenditures on the basis
of a program of priorities.
The computer project is being undertaken
jointly by the Treasury and the Office of
Management and Budget, In cooperation with
the General Accounting Office. It is my un-
derstandlng that the project has concen-
trated, to date, on the needs of the Executive
Branch while those of the Congress are be-
ing overlooked. If that Is so, this project had
better be put back on the right track. If it
Is necessary, the Congress should alter the
January k, 1973
CONGRESSIONAL RECORD- SENATE
325
enabling legislation to make certain that we
get the information that Is needed to control
expenditures. It would be my hope that the
appropriate committees would move without
delay to look Into this situation.
If the President seeks the cooperation of
the Senate In negotiating an Immediate end
to the Involvement In the Vietnamese war,
m the control of expenditures or. In any
other matter of national Interest, he will
have that cooperation. Cooperation depends,
however, on a realistic give and take at both
ends of Pennsylvania Avenue. In the name
of cooperation, we cannot merely acquiesce
In unilateral actions of the Executive where
the Constitutional powers of Congress are
involved as they are In Vietnam and In the
control of expenditures. I would also note In
this connection the proclivity of the Execu-
tive Branch to Impound funds from time to
time for activities approved by the Congress.
This dubious Constitutional practice denies
and frustrates the explicit Intention of the
Legislative Branch.
There are some areas In which, clearly, we
can work cooperatively with the President.
Defense expenditures, for example, can con-
tinue to be reduced to a more realistic level.
I am glad to note that the Armed Services
Committee and the Appropriations Commit-
tee both have been moving to bring about a
general reduction of requests of the Execu-
tive Branch for these purposes. As a matter
of fact, the reduction In defense appropria-
tions amounted to $5.3 billion for FY '73
and I would hope that we will do even better
this year.
We should also consider closely the Ad-
ministration's announced plans to close
some domestic military bases during the
coming year. The Executive Branch should
not overlook the approximately 2,000 Instal-
lations and bases which" we have set up in
all parts of the world at a continuing cost
of billions of dollars annually. Here, too,
there Is an area for cooperation with the
President. I would suggest most respectfully
that the Senate and the President consider
jointly both in terms of obsolescence and
economy the closing of a good many of these
overseas establishments
In the civilian sector, the President has
indicated that the Federal bureaucracy Is
too large. There would certainly be grounds
for close cooperation with the Senate In this
sphere. The misuse and underuse of civil
servants Is a scandalous waste of public
funds which Is felt especially at a time of
rising federal salary scales. To overload the
agencies and departments with personnel
Is also demeaning and deadening to the ded-
icated men and women in the federal service.
If the President will work with the Con-
gress on this matter. I am persuStted that the
Civil Service can be reduced substantially
from Its present 2.8 million employees. The
reduction can be without personal hard-
ships, by a carefully developed program
which would permit greater flexibility In
transfers among agencies and Incentive re-
tirements. Such a program coupled with the
natural attrition of death and resignation
and with accompanying limits on new hlr-
Ings could do much to Improve the tone of
government service and curb the pavroll costs
which now stand at $32 billion a year.
The President has expressed an Interest In
proceeding with his earlier pro^josed plans
for reorganizing the Federal government.
Clearly, there is a need for reorganization of
sprawling, over-extended, over-lapping Exec-
utive departments, agencies anC commissions.
It must 'oe faced as a realistic matter, how-
ever, that any basic reorganization in govern-
ment is a difficult undertaking at best. In
Diy Judgment, a wholesale approach Is not
likely to achieve anything more concrete now
than when It was first advanced two years
ago. It would be only a charade. It is my
h>-pe, therefore, that the President would
concentrate on areas of maximum need. It
•eems to me that Members of the Senate
who have shown a deep interest In this prob-
len? can be very helpful In working with the
Administration to define those areas.
Turning to our potential contribution to a
legislative program for this session, I would
emphasize that the Senate has a distinct
mandate to assert its own concepts of priori-
ties. The Constitution does not require us
to await proposals from the Executive Branch.
In this connection, two categories of "carry-
over" legislation from the 92d Congress war-
rant Immediate attentidn. The first consists
of those measures passed by Congress in the
last session but vetoed by the President. In
many cases, the same measures can be re-
ported promptly by the appropriate commit-
tees largely on the basis of comprehensive
hearings held in the past. Within this grorp,
of even more urgent concern are the follow-
ing bills which were vetoed after Congress
adjourned without opportunity to override:
1. An Act to Establish Mining, Mineral,
and Related Environmental Research Centers
In Each State.
2. The Airport Development Acceleration
Act.
3. The Public Works Navigation and Flood
Control Construction Bill.
4. The National Environmental Data Sys-
tem Act.
5. Extension of Grants to States for Voca-
tional Rehabilitation of Handicapped Indi-
viduals.
6. The Veterans' Health Care Reform Act
of 1972.
7. The National Veterans' Cemetery System
Act.
8. Reclassification of Positions of Deputy
U.S. Marshals.
9. National Institute of Gerontology Bill.
10. Revision of the Older Americans Act of
1965.
11. Ptibllc Works and Economic Develop-
ment Act Amendments of 1972.
12. Appropriations for the Departments of
Labor and Health, Education, and Welfare
for Fiscal Year 1973.
A second category of priority bills Includes
those which were reported out and consid-
ered In either the House or the Senate during
the 92d Congress but not enacted. They In-
clude pioneering measures of great relevance
to the quality of the nation's life and the wel-
fare of Its citizens. These measures should be
reported by the Committees early In the cur-
rent session so that the Congress may con-
sider them carefully. The list Includes:
1. Comprehensive Housing.
2. Consumer Protection Agency.
3. No-fault Insurance.
4. Minimum Wage.
5. Pension Reform.
6. Comprehensive Health Insurance.
7. Health Maintenance Organizations.
8. Strict Strip Mining Controls.
9. Omnibus Crime Victims Bill.
I would note. In particular, legislation In-
volving health Insurance. Senators have In-
troduced various measures dealing with this
subject. The Administration has advanced
other proposals. The Congressional approach
tends to offer more comprehensive health
coverage to the people of the nation. The Ad-
ministration Is more concerned with costs.
It would be my hope that a compromise can
be brought about between what Senators
have suggested and what the Administration
has recommended. In that fashion, we might
at least begin to move in the direction of
meeting the medical and hospital needs of all
of our citizens.
In a closely related area we will have to
come to grips with the question of wel-
fare reform. Over the past ten years, the
costs of welfare have Increased from $5 bil-
lion to approximately $15 billion. The trend
continues upward. The states and localities
are overwhelmed by a growing demand for
assistance. They plead for greater federal as-
sistance In shouldering this load.
It Is inconceivable to me that this nation
will ever turn Its back on those among us
whose lives have been crippled by physical
or mental handicaps, by unemplo>-ment, by
poverty and disease. For years, we have as-
sisted such people, by the millions, abroad
as well as at home.
Nevertheless, we must find a better way of
dealing with this problem. We must find a
more effective system not only of training
but of placement to put the able-bodied to
work. It is more than a matter of getting
people off welfare rolls. It is a matter of the
right to personal dignity for every American
who is prepared to assert It. It Is a right
which Is Interwoven with supporting oneself
and family with making a constructive con-
tribution to the nation.
To date, the Administration has failed to
meet this situation. So, too, has the Congress.
Hopefully, together. In the 93d Congress we
can make a new beginning.
Once, again, In the last election the flaws
In the electoral system were paraded before
the nation. In my Judgment, both Congres-
sional and Presidential campaigns are too
repetitive, too dull and too hard on candi-
dates and electorate. Most serious, the factor
of finance begins to overshadow all other
considerations in determining who runs for
public office and who does not, in determining
who gets adequate exposure and who does
not. It Is not healthy for free government
when vast wealth becomes the principal ar-
biter of questions of this kind. It Is not
healthy for the nation, for politics to become
a sporting game of the rich.
This Congress must look and look deeply
at where the nation's politics are headed.
In my Judgment, ways must be found to hold
campaign expenditures within reasonable
limits. Moreover, to Insure open access to
politics, I can think of no better application
of public funds than, as necessary, to use
them for the financing of elections so that
public office will remain open to all, on an
unfettered and Impartial basis, for the bet-
ter service of the nation. With this principle
forming the objective, it would be desirable
to consider limiting campaigns to three weeks
or four weeks, later scheduling of conventions
and possibly, replacing the present haphaz-
ard, expensive, time-consuming state pri-
maries with national primaries. Once again,
too, consideration might be given to abolish-
ing the electoral college and to adjustments
In the Constitutional provision Involving the
Presidential term of office and, perhaps, that
of the Members of the House.
The Federal Election Campmlgn Contribu-
tions Act, which we enacted In the 92d Con-
gress and which was put into effect this past
year, may also need refinement and modifica-
tion to reduce undue paper-shuffling and
other burdens without compromising the
principle of full disclosure. There are also
some specific matters relating to the past
elections which warrant Investigatory atten-
tion. One Is the so-called Watergate Affair
which appears to have been nothing less than
a callous attempt to subvert the political
processes of the nation, in blatant disregard
of the law. Another Is the circulation by mall
of false allegations against our colleagues,
Senator Muskie. Senator Jackson and Senator
Humphrey, during the Florida primary cam-
paign, with the clear Intent, to say the least
of sowing political confusion.
Still another Is the disconcerting news that
dossiers on Congressional candidates have
been kept by the FBI Jpr the last 22 years.
This practice has reportedly been stopped.
It would be well for the appropriate commit-
tees to see to it that appointed employees In
the agencies of this government are not
placed again in the position of surreptitious
meddling in the free operation of the elec-
toral process. The FBI has, properly, sought
to avoid that role in other situations. We
must do whatever Is necessary to see to it
that neither the FBI. the military intel-
ligence agencies or any other appointive office
of the government is turned by Its tem-
porary occupants Into a secret intruder into
326
CONGRESSIONAL RECORD — SENATE
January ^, 1973
January h, 1973
CONGRESSIONAL RECORD — SEN ATE
327
the free operation of the system of repre-
sentative government m the United States.
On November 17, 1972. I addressed letters
to Chairman Eastland of the Judiciary Com-
mittee and Chairman Ervln of the ciovern-
ment Operations Committee. I requested that
these two Chairmen get together and make a
recommendation to the Leadership on how
to proceed to investigate these and related
matters, to the end that the Senate's effort
may be concentrated. I renew that request,
today.
While I am on this subject, I would like to
suggest, too, that attention be given to the
appearance in the Courts and Executive
Agencies of what may be a tendency to cloud
by disconcerting interpretations the safe-
guards of the First Amendment as they
apply to practitioners in the press and other
media of communications. If this tendency
does exist, the Congress has a reeponsiblUty
to try to check It. The press, radio and TV
are prime sources of light in the otherwise
hidden recesses of our government and so-
ciety They are as essential to the fulfillment
of our legislative respwnslbllitles as they are
to the general enlightenment of the public,
.^t the very least, therefore, it seems, too,
that a Senate inquiry is called for into the
implications of recent court decisions and
such oflBclal pronouncements as that of the
Director of the Office of Telecommunications
Policy regarding the 'Fairness Doctrine." We
share -.vlth the President and the Cotirts a
Constitutional responsibility to protect the
freedom of the press to operate as a free
press.
I would like next to present a few thoughts
about the internal procedures of the Senate.
In recent weeks, much has been said about
the evils of the seniority system. I can un-
derstand the intent of those who make these
assertions. Yet, I would observe that. In gen-
?ral. the Senate has been well served In the
.^ear.s of my personal recollection, by the
Chairmen of its various committees.
For the benefit of the new Members, how-
ever. I would point out that the system which
Is followed In the Senat* by the Democratic
Conference In nominating Members to Sen-
ate committees Is not one of automatic def-
erence to seniority. In the first place, nomi-
nees for each standing committee and its
chairmen are designated by the Conference's
Steering Committee and by secret ballot.
During the 92d Congress, for the first time,
the Leadership submitted en bloc to the
Democratic Conference for concurrence the
names of any new members of the several
committees. The Steering Committee's selec-
tions were endorsed unanimously by the
Conference
Beginning in the 92d Congress, moreover,
the Conference adopted a ratification proce-
dure calling for separate Conference concur-
rence in the case of each of the Steering
Committee's designees for Committee Chalr-
mM. That process will be followed this year
ana a Democratic Conference will be called
for that purpose when the Steering Com-
mittee completes its work. Finally, I should
note that what I have just discussed is the
procedure only for designation of Democratic
Members to Senate committees. The actual
election of committees and chairmen occurs
Dn the floor of the Senate where, once again,
they are subject to challenge. The safeguards
seem to me to be substantial. Nevertheless,
the Chair wUl entertain any request for
further discussion of this matter.
On another question, I have received from
Senator Moss, a letter which states, in part,
"It is my hope that the Democratic Con-
ference will adopt a resolution directing ttie
Policy Committee to set forth the legislative
objectives of the Democratic Party. It follows.
3f course, that all Democrats would be ex-
pected to support to the maximum degree
possible these objectives."
Let me note. In this connection, that In
sarly 1969. the Leadership did raise with the
Policy Committee the question of who was
to speak for the Democratic Party In the
Federal government In view of the election of
a Republican President. The Committee
agreed unanimously that a need existed for
such a spokesman. Thereupon, It adopted
unanimously certain new rules of procedure
which were proposed by the Leadership to
deal with this need. In general, these rules
provided for regtilar meetings of the Policy
Committee to consider Issues which might
be Identified as suitable for the assumption
of a party position. Those Issues were to be
considered which came to the Policy Com-
mittee— quoting from the Committee's
rules — "by reference . . . from any Member
of the Policy Committee, by staS study of
legislative proposals, statements or other ac-
tions of the Administration and by reference
to the (Policy) Committee from any legis-
lative Committee."
The Committee further agreed to consider
"the Issues which are thus brought to its
attention for the purpose of determining
whether they are of a significance and are
likely to evoke sufficient agreement as to war-
rant adoption by the Majority Party of a
Policy position."
Finally, the Committee agreed to seek "to
secure the widest degree of party acceptance
of a position on any significant Issue (and)
... to be guided by a minimum of a two-
thirds vote In determining the issues on
which a party position should be taken."
In short, basic machinery In line with
Senator Moss' suggestion has been available
and in operation In the Policy Committee
for four yeaj^. The rules of procedure which
govern In this connection were approved In
full and unanimously by the Democratic
Conference on May 20. 1969. as well as by the
Legislative Committee Chairmen. They have
been used to Identify and to disseminate
more than a dozen party positions In the
Senate and. In general, these positions have
had substantial Democratic support.
It Is conceivable that the Conference would
wish to make changes In the functions of
the Majority Policy Committee with a view
to strengthening Its role along the lines of
Senator Moss' letter. It would be helpful,
however. If the Policy Committee itself
might consider this matter before It Is dis-
cussed In the Conference. If there are to be
modifications In the present procedures of
the Committee, as approved unanimously by
the Conference In the past, we ought to be as
specific as possible in presenting them. The
Policy Committee will be meeting soon and
the Leadership will undertake to raise the
matter at that time. The results of the dis-
cussion will be brought back to the Confer-
ence thereafter If changes are to be pro-
posed.
I will now close these remarks with a final
reference to the last election. I suppose each
of us Interprets the national sentiment
which Is refiected In the outcome In terms
of his own predilections. Certamiy, I have
done so. Therefore, "the state of the Senate,"
as seen from the viewpoint of the Democratic
Majority might not necessarily dovetail with
the mandate which the Administration de-
lineates from President Nixon's reelection or
that which Is seen by the Republican Minor-
ity in the Congress.
Nevertheless, it does seem that the elec-
tion tells all of us — President, Democratic
Majority and Republican Minority — what the
people of the nation do not want.
(1) They do not want one party or one
branch government during the next two
years.
(2) They do not want to turn back the
clock on the national effort to Improve the
human climate and the physical environ-
ment In which the people of this nation must
live.
(3) They do not want a rate of change
which whether too slow or too rapid pro-
duces major Internal chaos and disruption.
(4) Most of all. they do not want the
President to persist nor the Congress to ac-
quiesce in the indefinite continuance of the
senseless bloodshed in Viet Nam and, with
it. accept the indefinite postponement of
the return of the POW's and the recoverable
MIA's.
These negatives point the way to the posi-
tive path which the Senate Majority Leader-
ship intends to pvu-sue during the next two
years. We will not abandon the effort to end
the U.8. Involvement In Viet Nam and to
bring back the POWs and the recoverable
MIA's. period. We will work to preserve and
to enhance the faithfulness of this nation
to its Constitutional principles and its high-
est Ideals and, In so doing, we will not shut
the door on essential changes.
The Leadership needs your cooperation;
your understanding and your support. Ideas
are welcomed, equally, f»om every Member
of this Conference, the oldest no less than
the youngest, the most Junior no less than
the most senior. Together, we are here, in
the last analysis, with only one mandate-
to serve the people of the several states and
the nation. With your help, the Leadership
will strive to carry out that mandate In
tun.
TRIBUTE TO DR. R. J. PEARSON
Mr. SCOTT of Pennsylvania. Mr. Pres-
ident, it is with both regret and grati-
tude that I observe the resignation of Dr.
Pearson as attending physician to the
Congress. For the last 6'/2 years he has
been a good friend and comforter to the
Members of the Senate and House of
Representatives, their families, and
staffs.
Last spring, Dr. Pearson joined the
distinguished majority leader and myself
on our visit to the People's Republic of
China. During this time I had the op-
portunity and pleasure of watching him
add to his knowledge of healing. He is
a compassionate and excellent physi-
cian— scholarly as well as skilled in his
profession. As Thomas Carlyle so aptly
wrote :
Blessed Is he who has found his work; let
him ask no other blessedness.
Dr. Pearson is surely one so blessed.
I wish him well in what I am sure will
be an active retirement, and urge him to
return whenever possible to visit his
friends and admirers on Capitol Hill.
SOLAR ENERGY
Mr. MOSS. Mr. President, we are in
great need in this country to utilize the
brainpower with which this country is
so well endowed. In order to solve the
energy crisis we must change the cur-
rent status quo thinking and explore new
possibilities. One of those areas of new
possibilities lies in the future use of solar
energy.
I ask unanimous consent that an ar-
ticle from the Washington Post of Oliver
Bell entitled "Bringing the Sun Down
to Earth" be Included in the Record for
the information of the Senate.
There being no objection, the article
was ordered to be printed in the Record,
as follows:
Bringing the Sun Down to Earth
(By Oliver Bell)
(Editor's Note. — The writer Is a freelancer
who formerly was with the Educational Re-
search Council of America.)
Will we soon have jjower stations In the
sky? Or arrays of solar cells on earth turning
sunlight into electricity? Or massive boilers,
fueled by the sun's heat, generating power?
While none of these Is likely to happen
tomorrow, they are more than mere specula-
tions; they are plans which are seriously
being considered, chiefly because of the en-
ergy crisis we are facing.
A few years ago, practically no one thought
the SUB'S energy might be a source of power
in quantity. Though solar energy has been
successfully used to supply electric power
to spacecraft, to run water heaters In more
than a dozen countries — including Japan,
Australia, Israel, the United States and the
Soviet Union — and even to take over a large
part of the heating needs In experimental
houses, there seemed no way It could be eco-
nomically employed to produce electric power
for use on earth.
Now the climate of expectation has
chanced. A solar energy panel has been set
up a.s part of the Energy Research and De-
velopment Goals Study of the White House
Office of Science and Technology. And the
National Aeronautics and Space Administra-
tion Is actively researching whether It can
become involved In the solar energy picture.
NASA got Into the act through solar en-
ergy cells on to its spacecraft. These are
wafers two centimeters square i about four-
fifths of an Inch on each side), made of sill-
cone, with a small amount of arsenic atoms
added to one layer and a small amount of
boron atoms to the other. When the photons
of sunlight bombard a solar cell, an electric
current Is generated Tsetween the two layers
of the cell. It has been calculated that It
would take about 27 square miles of collect-
ing surfaces in the desert areas of the South-
west, which get from 3.000 to 4.000 hours of
sunshine a year, to produce 1.000 megawatts.
(A megawatt Is one million watts, and a
10.000 megawatt station would be big enough
to meet New York City's power needs in the
year 2000.)
Solar cells are not particularly efficient.
They convert only 10 to 13 per cent of the
energy striking them Into electricity. How-
ever, a 1972 National Academy of Sciences
study reported that, with sufficient effort,
an efficiency of up to 20 per cent Is feasible
and that oiie tip to 16 per cent Is probable.
There is also a possibility that far mere effi-
cient solar cells, utilizing a new approach,
may be developed.
THE SOLAR SATELLITE
One orthodox proposal that Is being given
serious consideration Is a solar satellite pow-
er station, a concept developed by Peter E.
Glaser of Arthur D. Little Inc. Under this
proposal, a satellite would circle the earth
at a height of 22,300 miles a distance dictated
by the requirement that It be In a synchro-
nous orbit — that it always stay in the same
place relative to the earth. There It would be
exposed to sunlight almost 24 hours a day.
A solar collector — a lightweight panel of
solar cells — would convert sunlight Into elec-
tricity, which would then be changed to
microwave energy and beamed to the earth.
There It would be collected on an antenna
and converted back Into electricity. Qlaser
calculated that a solar collector five miles by
five miles and an antenna six miles by six
miles would be needed for a 10.000-megawatt
power station.
To find out in detail what would be In-
volved In such a system, NASA has con-
tracted w^lth Arthur b. Little for a feasibility
study that Is to be completed In a few
months. NASA stresses that for success, many
technological breakthroughs would be
needed, and these, as Bell Woodward, direc-
tor of space propulsion and power, puts It,
cannot be programmed. For example, the
solar cells would have to be 2 1.000 of an inch
thick to save weight, and there Is no way of
knowing how long It would take to develop
them to the point that they would be mass
produced.
N.\SA is trying to reach a decision on
whether to sink large sums Into the research
and development needed to make such a
solar satellite power station. Even In Its
present, partially developed stage, the plan
had found a measure of acceptance. For In-
stance, Claude M. Summers, consulting pro-
fessor of electric-power engineering at Rens-
selaer Polytechnic Institute, writing In Sci-
entific American about new methods of pro-
ducing power, speculates that 125 such, sta-
tions might be In the sky by the year 2000,
and congressmen studying energy needs re-
cently received a presentation of the advan-
tages and problems associated with such sta-
tions.
A TOWER-TOP BOILER
Another solar-energy proposal has been
put forth by Alvln F. Hlldebrandt and
Gregory M, Haas of the University of Hous-
ton. Their system would refiect the radiation
reaching an area of one square mile onto a
solar furnace and boiler placed at the top
of a 1.500-foot tower. The water In the boiler
would be heated to about 1 ,700 degrees centi-
grade, and electricity would be generated by
a magneto-hydrodynamlc (MHD) conver-
sion. An MHD system sends hot. electrically
conducting gases across an electrical field;
this generates an electric current that Is
collected by electrodes at the sides of the
chamber in which the current Is produced.
With this system, a 1.000-megawatt station
would need an area of 9 square miles.
Since electricity is needed during the night
and provision must be made for cloudy
periods, solar energy installations on earth
must have some way of storing power. In
the Hildebrandt-Haas proposal, this would
be done by the hydrolysis or water, splitting
it into oxygen and hydrogen by the use of
electricity. These elements could then be
stored and recomblned In a fuel cell to gen-
erate electricity, or the hydrogen could be
burned as fuel to power a gas turbine that
would drive a generator.
A fourth proposal has been made by Aden
B. Melnel, director of the Optical Sciences
Center of the University of Arizona at
Tucson, and his wife. Marjorle. Their sys-
tem would employ steel collecting surfaces
that use the "greenhouse" effect to produce
temperatures as high as 50 degrees C. The
heat would be transferred to pressurized gas
and pumped through channels in the steel
to a tank, where It would be stored in molten
salts. A conventional steam boiler, turbines
and an electrical generating system would
be attached to this thermal reservoir, an
arrangement that makes possl'ole the con-
tinuous generation of electricity.
Such a system, the Melnels estimate, could
produce power at a cost of about 5 to 10 mils
per kilowatt hour (a mil Is a tenth of a cent) .
Generation of electricity with fossil fuels-
oil, natviral gas or coal — costs 1.5 to 5 mils
per kilowatt hour Both figures do not In-
clude the cost of distribution.
The Inventors envisage l!hls system first
operating In the deserts of the Southwest,
They hope to see many 500- to 1.000-mega-
watt plants built In the Southern and West-
ern states. The power thus generated could
be transmitted over a large part of the coun-
try, and It can be confidently forecast that
there would be Improvements In power
transmission that would reduce the amount
of power leaking away between the point of
generation and the point of use.
MODEL TO BE BUILT
A plant of the Melnel type would cost more
to buUd than a conventional or nuclear
power station. Though the cost of making the
collecting surfaces has been prohibitive In
the past, recent technical advances In manu-
facturing have made It possible to reduce the
expense greatly if the units were mass pro-
duced. Should a large market for the collect-
ing surfaces develop, it would be worthwhile
to build a plan to produce them.
Pour Western utilities — Tuscon Gas & Elec-
tric Co., Arizona Public Service Co.. Southern
California Edison and Salt River Project —
were sufficiently Impressed by the Meinels'
proposal to give them $21,000 to build a
"credibility model"— a full-scale demonstra-
tion to show whether the system will work.
If It performs as forecast, the coUectlng area
needed for a 1,000-megawatt station Is 13. 5
square miles.
One advantage that all the proposed earth-
based solar energy systems have over the
solar satellite power station Is that they do
not Introduce extra heat into the environ-
ment. Though the Melnels' system, for ex-
ample, would need a supply of water for
cooling the steam turbines, this would not
increase the amount of heat on earth, for
the heat given off by the system would rep-
resent heat from the sun that would, in
the absence of a solar p)ower plant, have
reached the ground. The satellite station,
on the other hand, could trap great quan-
tities of radiant energy that would otherwise
miss the earth.
If solar satellite stations were buUt in
quantity, this problem could become serious,
for it would considerably Increase the earth's
heat load, as the electricity, when consumed,
would end up as heat. Rensselaer's Claude
Summers has pointed out the effect of the
production of too much electrical power
In this wav. If present trends continue. In a
century the United States wUl be receiving
about as much heat generated by the use
of electricity as It gets from the sun. If this
happened on a worldwide basis, it could
render some or much of the earth unin-
habitable and also might cause the flood-
ing of all coastal areas by melting the Ice
making up the polar Icecaps.
Thus a dangerous increase In the earth's
heat load would occur If the generation of
electricity and other forms of power by
using fossil fuels, nuclear reactors or solar
satellite stations was done on a great enough
scale. Only Invariant systems, those that do
not Increase the amount of heat on earth,
are free of this tendency.
COST AND THE ENVIRONMENT
Are any of these solar energy systems like-
ly to be built? At the moment, this is largely
an economic question. The Increasing de-
mand for electricity, coupled with spreading
requirements that power stations use low-
sulfur fuels to cut air pollution, are driving
up electrical generating costs. As this trend
is llkelv to continue. It has become economic
to buiid nuclear power stations, for over
their lifetimes, seen as a whole, they appear
to be cheaper than conventional ones. In
October. 1972. 27 of them were licensed for
operation. 48 were under construction and
38 were planned.
There has been some opposition to this
growth; conservationists Insist that today's
nuclear power stations release dangerous
amounts of radiation and do not have ade-
quate safeguards against accidents. Though
the Atomic Energy Commission Insists that
plants, as now designed, are safe. It Is quite
possible that the conservationists wiU win
their point and additional safety features
will be built Into new plants. This would
raise their cost, making It more likely that
other forms of power would be competitive.
Two chief factors will decide how fu-
ture energy needs will be met: cost and
maintaining the quality of the environment.
Over the next few years various systems are
likely to be explored to see if they promise
to produce power economically. At present,
power costs vary greatly from area to area,
depending partly on the distance from the
sources of fuel. Thus an unconventional sys-
tem may be economic In an area where oil
Is high in price and uneconomic where It Is
low.
It can be assumed that fossil fuels — organ-
ic materials preserved during the last 600
million years in the earth's top layers — will
for some" time take a large part of the energy
load. But these are limited resources and will
be used up In time. According to M. King
Hubbert, a research geophysiclst with the
U.S. Geological Survey, the United States'
oil will be close to exhaustion by the year
2000 or a few years later. He forecasts that
;;28
I
CONGRESSIONAL RECORD — SENATE
January 4,
1973
January ^, 1973
CONGRESSIONAL RECORD — SENATE
329
He world's oil resources will be In the
! ame position by 2030.
Hubbert sees natural gas reaching peak
1 iroductlon for the 48 contiguous states be-
1 ween 1975 and ISfeO. Coal will last longer,
recording to Hubbert; most of the world's
) nlnable coal will probably have been ex-
iracted by 2300. In all, Hubbert concludes
1 hat all fossil fuels will probably be ex-
liausted In a few centuries. Even If his esti-
1 aates are wildly Inaccurate, the fact remains
1 hat fossil fuels will, at some point, be used
1 ip and mankind will be forced to turn to
I ome Qther source of power.
THE CHOICES AHEAD
Apart from fossil fuels, five sorts of energy
ire available; nuclear energy, solar energy
1 ised directly, solar energy used indirectly,
1 1dal energy and geothermal energy.
Nuclear power can be divided Into two
l;lnds. fission and fusion. In the case of
1 ission, the nuclei of heavy elements, such as
iiranlum, are split, releasing energy: with
luslon, light elements, such as deuterium.
i re combined, also releasing energy.
Uranium 235, the Isotope of uranium that
lissions easily, is rare. If we depend on it for
i ddltlonal power, we will find ourselves with
i n acute shortage of low-cost uranium ores
1 y the end of the century. This situation
< an be avoided If large so-called breeder
leactors can be built, and there seems to be
no reason why they should not, as small
1 reader reactors are successful. In them.
Iiranlum 238, the common form of uraniiim
15 Converted Into fissionable plutonlum 239
< r thorium 232 changes Into fissionable
Iiranlum 233, and thereby the reactor
< reates more nuclear fuel than it consumes
' "his means that when large breeder reac-
tors are built, we will have a supply of
luel for them for several thousand years.
As for power from fusion, the difficulties
cf harnessing the fusion reaction success-
1 uUy are formidable because of the extremely
1 igh temperatures involved in its production,
enough to melt any container. It appears
i t present that the only way of getting us-
i ble power from fusion is to confine the *
I faction by a strong magnetic field. There
1 as been Uttle progress in achieving this,
I nd no one who is not an extreme optimist
1 i prepared to forecast when, or even If, this
could be successfully done, still less whether
lu.slon would be an economic source of
lower. If the fusion reaction could be used,
t virtually limitless supply of fuel could be
extracted from the oceans.
WIND. WATER AND WASTES
Solar energy used directly has already
t een considered. One should add that much
cf the space heating needs of the country
could be taken care of by sunlight; one
estimate is that half the heating load could
te met by solar energy. If this happened,
1 ; would be an important development, since
lieatlng residential housing currently ac-
c ounts for nearly 30 per cent of total energj-
c onsumptlon.
As for solar energy used Indirectly, It
could take the form of using the power of
t tie winds, or of falling water, or making fuel
from organic sources, or of employing the
1 eat of the oceans for all these are produced
l y solar energy.
wind power is erratic, and to use it would
1 ivolve the storage of energy. Those who
1 ave investigated Its possibilities believe
1; would not be practical to employ It on a
Urge scale. The fiow of rivers seems more
I romlsing. especially as only 8.5 per cent of
I n estimated 3 million megawatts, about the
I mount used in Industry, is developed. How-
ever. much of the undeveloped power Is In
J.frlca. Southeast Asia and South America,
vnderdeveloped areas where Its use would
I leet grave economic obstacles.
Making fuels such as alcohol, hydrogen or
iiethane from plants and organic wastes
( oes not appear, at the moment, to be prac-
ilcal on a large scale, but further research
may change this. Producing power from
sewage Is particularly attractive because two
problems would be solved simultaneously.
The idea of using the differences In tem-
perature between the sun-heated upper lay-
ers of the oceans and the cold lower layers
as a source of power was first advanced In
1882, and experimental plants have been
b»uilt. It has been suggested that a number
of plants, each producing 500 megawatts,
could be placed In ships that would be
anchored In favorable locations; the power
produced would be transmitted to shore by
underseas cables. The Gulf Stream can be
regarded as an enormous reservoir of heat,
and It would be possible to supply a signifi-
cant proportion of the country's power from
it and other oceanic sites.
Tidal energy has already been harnessed
in the Ranee estuary on the Channel Islands
coast of France: the plant there will ulti-
mately have a capacity of 320 megawatts. A
site In Korth America that could provide 300
megawatts Is the Bay of Pundy, between
Maine and Canada: the Passamaquoddy proj-
ect there, first debated in the 1930s, is' again
being discussed. Though It may be economic
in these and other areas, the total potential
of tidal power is not too great, being about
64,000 megawatts — equal to about 2 per cent
of the world's total water power.
Finally, geothermal power could be em-
ployed. This is extracted from heat stored In
the earth by such sources as volcanoes and
hot springs. It has been used In the Larderello
area of Italy since 1904; other important
sites are the geysers In northern California
and Wairakel In New Zealand. It has been
calculated that, over a 5e-year period, geo-
thermal sources could supply an annual
average production of 60,000 megawatts, an
amount comparable to the total tidal power.
In the next few decades more and more
power will certainly come from sources other
than fossil fuels. 'What Is not clear Is how
much from each of the several sources. The
uncertainties include the total production
of power, for pressure from environmentalists
may slow the rate of Incresise In energy pro-
duction.
Confess will decide, perhaps In 1973,
whether the government will pay for research
into unconventional sources of power. Just
as It paid for research Into nuclear power.
Private industry Is not doing much In this
field, and government agencies, such as
NASA, are the only other organizations that
can Investigate the problems and opportuni-
ties.
At present solar energy looks attractive. It
Is clean and produces no radioactive wastes
or radiation. It need not Increase the earth's
heat load. It Is abundant. It can be "mined"
within the country and does not need to be
imported. 'While solar energy may well be
uneconomic to use in every part of the United
States, it might be wise to use ttix incentives
to direct population growth to areas where
solar energy would be a cheap source of
power or to subsidize It In some areas If nu-
clear power proves too dangerous to rely on.
'What Is likely to happen Is the develop-
ment of a mixture of power sources. In addi-
tion to nuclear power, we may well see some
tidal power, some power from the heat of the
oceans along the coast, some solar energy.
What is clear is that we should plan for a
gradual phasing out of fossil fuels. 'Viewed
over th%t centuries, these fuels made possible
both In^istrlalizatlon and the development
of a teclyiqio^ that could support a high-
energy culture dependent on other sources
of power.
PROBLEMS FACING MILITARY LO-
GISTICIANS IN THE 1970'S
Mr. GOLDWATER. Mr. President, I
am sure that all Senators are acquainted,
at least in a general way, ■with, the prob-
lems involved in holding together a great
I
military alliance such as the North At-
lantic Treaty Organization, The mere
fact that many nations are involved pre-
sents obvious problems, even though their
collective concern for shielding the West
against possible Communist aggression
is well recognized.
It has been said that the wonder of
NATO is not that it works as well as it
does, but that it works at all. National
attitudes and procurement practices vary
widely from one nation to another and
below the strategic nuclear level, no one
nation has all the strength, all of the
power or all the resources to assure a
viable defense of the North Atlantic area.
Mr. President, the problems confront-
ing NATO are perhaps most pronounced
in the field of military logistics. In the
face of rising costs and technical sophis-
tication, the problem of financing future
defense needs is surfacing at every turn.
This whole question was discussed at
length and in detail at a recent logistics
conference in Liege, Belgiun^ by Mr. A.
Tyler Port, Assistant Secretary General
of NATO. Because his remarks will have
special interest to those of us who con-
cern ourselves about the future of the
Atlantic Alliance, I ask unanimous con-
sent that Mr. Port's address, entitled
"Problems Pacing Military Logisticians
in the 1970's," be printed in the Record.
There being no objection, the address
was ordered to be printed in the Record,
as follows :
PROBLEMS Pacing Mn-rrARy Logisticians in
THE 1970's
Thank you, Mr. Chairman.
This is the first time In my five years in
Brussels that I have had occasion to speak
to a group of NATO military logisticians
about NATO logistics. Only a logistlclan
would understand why I consider this a
tough assignment. I know from experience
that logisticians are in the habit of ex-
pecting precise answers to their questions.
When one lives and works at the hub of a
wheel like that which supports our great
Alliance, It Is Impossible not to know as
many reasons why certain things do not
come to pass as to know why they do. One Is
often torn between loyalty to the image of a
loveable and discursive Alliance of enllght-
enned nations and despair over certain ma-
terial fallings it has displayed throughout
Its exlstance. In this latter respect, I am
sometimes reminded of the observation once
made, about the Pentagon In Washington—
a place that was my home for many years—
that the wonder of It Is not that it works
as well as It does, but that It works at all.
So, on an occasion such as this there Is
natural temptation to take the easy way out,
I could have come to you today with a
catalogue of things that are wrong with your
logistic situation that would have Impressed
you with my research and perhaps have won
your applause for my daring treatment of
our masters. But such an approach would
not do much to advance the cause of under-
standing. Moreover, If we succumb to the
temptation to commiserate with ourselves
we will have lost sight of the opportunity
this occasion affords to review some of the
constructive and potentially useful develop-
ments which have recently occurred. In short,
the position I find myself In today Is that
of needing to be both an interpreter of our
times and a spokesman for the oppressed.
As you can see from your programme, I am
scheduled to speak about the "Problems Fac-
ing MUltary Logisticians in the 1970s". WhUe
I Intend to mention military problems. I shall
not spend any time discussing the logistics
situation In the Central Region. As I under-
stand it. that Is what this Conference Is pri-
marily about and I do not believe you need
any particular help from me on that score.
What you really want to hear Is what Is going
to be done about It. As a member of the Inr
ternatlonal Staff, that Is very difficult for me
to do. What is perhaps more relevant, how-
ever. Is to explore where we stand In respect
to the time honoured subject of co-operation
In research, development and production of
the hardware that you, the logisticians, need
m order to do your Jobs. After all logistics
really starts with design and production. I
intend to be as constructive as possible and
even offer a suggestion or two, but above all
I want you to appreciate the situation.
As Military Commanders and workers In
the minefields you know that gaining a bet-
ter understanding sometimes helps to keep
the faith, especially when the going Is rough,
and that is the message I want to bring to
you: "keep the faith".
In 19o7, when I came to NATO to take on
the Job of running the Defence Support Divi-
sion, and acting as Chairman of the Confer-
ence of National Armaments Directors and
supervising its galaxy of committees, I
learned for the first time what logistics is
not. Logistics is not a NATO responsibility.
The reason is quitfe simple: logistics Is a na-
tional responsibility.
This is no mere pat phrase. It is the gospel
truth and we are reminded of it every day.
When the policy paper which contains the
Charter of the Conference of National Arma-
ments Directors was being worked on 1965
and 1966, an effort was made to broaden Its
Terms of Reference to provide for a system
of logistics information exchange at the level
of NATO Headquarters, but the effort failed.
It was one of those problems which arrived on
the scene ahead of its time. I do not mean
that logistics was not sufficiently important
or vital or that there were no problems. It is
Just that those problems were considered na-
tional problems. That attitude has not al-
tered materially since then, but today there
are some signs that the nations are more
willing to let problems be discussed in NATO,
and more importantly, at the Headquarters
level.
"The obstacles to co-operation which
NATO has experienced throughout its his-
tory are various and have lain equally in the
military, economic and political spheres.
Countries have their own industrial and
financial interests: they wish to support
their native Industries and to expend the
funds raised from their own taxes in such
a manner that as much as possible finds its
way back into the pockets of its own citizens.
They wi.=;h to introduce new pieces of equip-
ment on a time-scale that is convenient to
themselves, from both a financial and mili-
tary point of view. They prefer to use equip-
ment which, for reasons of climate, terrain
and even national customs and usage, may
differ from one country to another. Further-
more, some of the less industrialized coun-
tries fear that their industries may be over-
whelmed by those of the more advanced
countries whose projects would tend to be-
come the favoured candidates of standard-
ization."
What I have just finished reading Is a
quotation from a memorandum which the
Secretary General circulated to the Perman-
ent Representatives of the North Atlantic
Council in June this year. That Is, In fact,
the opening paragraph of an historical sum-
mary of NATO's efforts to achieve co-opera-
tion in Research. Development and Prcxluc-
tlon of Military Equipment from 1949 to the
present. The memorandum was written by
the Assistant Secretary General for Defence
Support.
The concluding paragraph of the same
paper reads as follows :
"In summary, NATO's efforts to achieve
larger numbers of co-operatively produced
projects have been studied, laboured over
and written about for many years. The only
CXIX 22— Part 1
arrangements for encouraging co-oi>eration
thus far effected have been those the na-
tions were wUUng to adopt. But arrange-
ments, as this summary has attempted to
show, can only be as effective as the In-
dividual sovereign wills which authorized
them are prepared to accept as a price of
their coUective survival."
Something obviously happened to Inspire
such rhetoric in an official document. That
"something" happened In February of this
year when the Secretary General, in opening
the Ninth Conference of National Arma-
ments Directors, challenged the nations rep-
resented to rethink the problem of how to go
about encouraging co-operation In research,
development and production of military
equipment. Four months later, following a
Council discussion of CNAD activities, the
Secretary General circulated the paper from
which I have Just quoted.
In their turn, the National Armaments
Directors reacted last month by offering a
number of proposals designed to develop the
means of opening fuller communications be-
tween the CNAD and the Ministerial levels of
governments and thereby seeking to identify,
on a continuing basis, those areas of ma^jor
concern to the Ministers in which the CNAD
can be of help.
The problem will of course, not be solved
that easily. The problem we have always
faced is the fact that organizational arrange-
ments alone cannot guarantee success of
anything. National attitudes toward co-oper-
ation, and defence procuremeiit practices,
must be In tune if-the situation in respect
to international co-operation Is going to Im-
prove. How to cope with this problem poses
questions which defy routine analysis and
raises issues which go to the very heart of the
Alliance. Between the first and the last para-
graphs of the memorandum I began by quot-
ing from, the author sought to show that the
various efforts at devising a mechanism for
e.fectlng co-operation have never really come
to grips with the basic problem. Exchanges
of information such as we now conduct In
144 grotips, Eub-groOps and sub-sub-groups
of the CNAD committee structure — however
systematically conducted and however well
motivated, will only have a random chance
of resulting in a Joint venture of some kind
if national policies are not themselves ori-
entated more toward, rather than away from,
collaboration.
National attitudes and procurement prac-
tices are not likely to change without a con-
scious effort being made by the national
decision makers. Even then. It is a question
of how the national Interest Is seen by each
country. In one respect, however, there
should be common ground for agreement.
Below the strategic-nuclear level, no one na-
tion has all the strength, all the power, or
all the resources necessary to assure a viable
defence of the North Atlantic area. If massive
Soviet predominance In land power is to be
balanced on a global basis by countervailing
American power, primarily in the air and
on the seas. It must be augmented by rising
strength and self-sufficiency of countries
and regions allied with it. The question mark
which hangs over Western Europe Is whether
It will find the harmonization of political
win and cohesion of Institutions and mate-
rial resources needed to register an effective
response.
As If that problem were not difficult
enough, we are faced with still another. The
question of how the burden of defence should
be shared Is being Joined by a newer and more
challenging one: how the burden can be
borne.
In the face of rising costs and technical
sophistication the problem of financing
future defence needs Is surfacing at every
turn. Because the Alliance Is composed of
independent States, each supported by
separately programmed budgets, it is endemic
to the system that one weapon is seldom.
if ever selected as a "standard" item In
NATO's Inventory. Whatever Is designed and
produced to satisfy the needs of one nation's
planners Inevitably Joins, or is Joined by, a
host of Items of a similar nature that are
developed by other members In the course of
pursuing their respective research and de-
velopment programmes.
This is one of the natural but nevertheless
unfortunate results of the post-war economic
recovery In Europe. 'While our military
muscles have greatly developed over the past
twenty years, and our Industries have been
rebuilt; while we speak knowingly about co-
operation and we exchange technical In-
formation freely and extensively under the
aegis of the CNAD, the fact remains that we
have spawned literally thousands of military
devices that duplicate or overlap each other
In form and function — but not in fit. The
continued development of dozens of com-
peting types of aircraft, tanks, artillery
pieces, missiles and the like, all designed to
perform essentially similar missions, are
symbols of national ways of doing things In
the post-war era that have become a luxury
we can no longer afford. They have been
allowed to become symbols of national
prestige and the hallmarks of a burgeoning
international arms Industry.
One of the twin pillars of Alliance policy
has been to remain ahead of our foes by
maintaining our strength. During the past
decade that objective has been paralleled by
a growing tendency on the part of each of
us to try to get ahead of our friends. That
Is perhaps a natural characteristic of the
s\-stem we live by but there sh&uld be a point
at which we draw a line. If we believe In
co-operation — and want to make it work —
we should do something more positive and
constructive to avoid the consequences that
result from the Indiscriminate proliferation
of makes and models of equipment.
It goes without saying, that In the process,
we must not destroy the technological su-
periority we achieve as a result of competi-
tion. One of the miracles of today's modern
world Is that the same problem catn be at-
tacked at the same time by five or six dif-
ferent countries in five or six different ways.
But the result is five or six different systems
doing roughly the same thing and costing
five or six times what It would have cost to
develop one. The problem that haunts us In
this respect is that once capital funds are
committed and design concepts are suffi-
ciently developed to provide a basis for ob-
jective comparison between alternative solu-
tions, no one seems willing to stop, to test
and to compare. Secretary General Luns
summed up the difficulty at a meeting of
AGARD in September when he said:
"National pride and local pressures usual-
ly prevail with the result that treasure con-
tinues to pour Into the competing items un-
til they all eventually emerge with their re-
spective refinements, modifications and Im-
provements onto the sales counter of the
free- world arms market".
Is there not some way we could reach
wider agreement on designs for future types
of major equipments before individual na-
tions embark upon costly unilateral develop-
ments of their own? In terms of overall costs,
our failure to solve the problems will con-
tinue to result In a gross waste of our
resources.
How effectively will Europe defend Itself
In the future Is In my opinion Inextricably
bound up with the Issue of whether a true
sense of Inter-dependency In arms production
can be developed between the members of
the Alliance. For the past decade the politico-
economic arguments in favour of European
unity have been Increasingly hostage to the
centrifugal forces of domestic politics and
soaring commercial growth. The Interests of
the nations in the problems of coordinated
defence have largely gone unattended, vic-
tims of the euphoria generated by growing
330
tl
11
CONGRESSIONAL RECORD — SENATE
prosperity, rising standards oi living and
aopes for detente. In the meantime, how-
5ver, defence costs have reached such pro-
portions that even If a more concerned at-
titude were to prevail it is difficult If not Im-
possible to foresee how old deficiencies can be
jred or new requirements met If we con-
Inue along the line of producing as many
llfferent makes and models of equipments
is there are budgets to match.
To cap the point, let me recall a bit of hls-
^ry. On the 14th of December. 1956— now
ilmost 16 years ago — the American Secretary
3f Defence, Mr. Charles E. Wilson, announced
;o his Ministerial colleagues at the NATO
:ouncll meeting In Paris that the United
5tates planned to make available production
nformatlon which would enable a number
)f modern weapons to be developed and pro-
luced in Europe. As you know, this decision
ed to such programmes as NATO Hawk.
Sidewinder. F-104G. BuUpup. Mark 44 Tor-
)edo. etc. I would like to read a paragraph
rom his statement, and I quote:
"The United States confirms the views ex-
;)ressed during the February 1956 military
meeting that expensive, unnecessary du-
lillcation and un-co-ordlnated production of
weapons In Europe should be avoided. We
1 ecognlze the practical obstacles which have
Impeded progress In this field In the past.
The Initiative for the development of appro-
priate plans for production rests primarily
H-ith the countries involved. It is difficult to
see any final long-term solution for such
itiilitary and economic problems except on
I he basis of co-ordinated or Integrated pro-
< uctlon In Western Europe."
What has happened since 1956 Is all the
iiore ironical In the light of Secretary Wil-
sons remarks. The momentum derived from
t he massive Infusion of technology and pro-
c uctlon know-how from the United States,
\'hen combined with Europe's own inven-
tive genius, has resulted in at least five
riajor modern weapons producing countries
telng able to offer the latest devices that
t jchnology Is capable of designing. The dec-
8 de of the 1970s is literally going to be loaded
^'Ith an endless variety of such Items. Euro-
pean industry Is. In fact, now enjoving the
frst full flush of the success It has striven
f 3r In its rise from the ashes of World War
It. It has a right to be proud of its wares;
tiey are first class. But what has happened
t > the military and economic problems Sec-
rstary Wilson predicted could only be solved
ty coordinated or Integrated production?
T hey are still with us.
We are neither coordinated nor Integrated
duspite the efforts of CNAD and Its predeces-
sor organizations, and despite all the talk
a 3nut cooperation.
To add a sense of urgency to the problem
o' future weapons procurement we need only
T Iter to the AD 70 studies. SHAPE'S role, and
t lat of SACLANT. In that exercise has been
v!ry revealing. I think It Is understandable
t >at to the man on the firing line the thought
o ' any posslbUlty of changing NATO's force
1« vels in the near future Is cause for con-
c-m It Is only natural for him to wonder
what allocation of resources will be made
a Id what kind of mix of weapons and men
c in best be employed If NATO and the War-
si ;w Pact Powers are successful in negotl-
aing a lower arms profile In Europe. Yet
ri gardless of whether anyone is able to make
~ 1 accurate forecast of weapons needs for
le post 1980 period, no one seriously doubts
lat a long list of specific equipments will
? wanted by then. Such Items as:
New battle tanks:
New low and medium level SAMs;
New and better IFF systems;
EW equipments of many types. Including
rborne;
Anti-tank weapons for ground and air
hides:
Artillery locating radars:
Shipborne weapons for defense against
nissile attack;
January 4, 1973
a 1
til
th
b?
VI hi
Naval surface-to-surface missiles, etc.;
are on almost every nation's shopping list
for the 1980s. Is It possible to concoct a
workable plan to obtain them?
Fortunately, the economics of defence pro-
duction Is for the first time. In a position
to exert countervailing force to the trend
of recent years. Cost conscious procurement
officers wUl need support from outside their
Ministries If they are going to finance the
sophisticated gadgets of the future. There Is
not going to be sufficient capital to allow
every country to continue to indulge its own
tastes. International cost sharing offers a
complex option but one which may have
overriding advantages In the face of the eco-
nomic pressures all nations now face. On the
other hand protectionist trends, if allowed to
go unchecked, could lead Instead to a gradual
disintegration of NATO's defence capability
due to the Inevitable pressures of competi-
tion and the perslstance of a patient and
determined USSR.
The present practice of always seeking to
equalize balance of payment problems within
Individual programmes has proven practica-
ble In the past, but not necessarily fair or
efficient because It necessitates finding ways
of satisfying its conditions within the con-
straints of a single project. To avoid difficul-
ties In this respect and hence Improve the
prospects for wider acceptance of co-opera-
tive programmes, some experts believe that
a balance of payments account could be kept
over a number of years and spread over a
number of projects. The Idea Is not new. A
similar suggestion was contained In the re-
port of a high level group which was set up
ten years ago to study NATO's faUures to
realize more from its efforts to co-operate.
The Industrial leaders who attended NATO's
Experimental Consultative Conference. In
1969, a CNAD Study Group which explored
the economic, financial and Industrial factors
which affect co-operation Identified balance
of payments problems as a leading obstacle
to co-operation. Two years ago a rationale for
a project matrix was submitted to the Execu-
tive Working Group on the Study on Alliance
Defence Problems for the 1970s by my office.
No-one paid much attention. The Idea has
never been systematically explored.
Before putting a production matrix Into
effect. It would be necessary to have a definite
prospect of several co-operative programmes
and a precise Idea of the period of tUne over
which countries could expect the program-
ming to take place. As a practical matter,
countries which attempt the long-term bal-
ance of payments solution would first need
to exchange views on national concepts,
compare future plans and equipment replace-
ment schedules, and develop a system of
synthesizing requirements for new equip-
ment.
The initiative for accomplishing Just such
objectives has already been taken. The CNAD
started the process rolling In the Armament
groups In June 1968. Although the process
proved to be more complex than originally
anticipated, the Main Groups nevertheless
progressed In their respective reviews of fu-
ture equipment needs. Essentially, the proc-
ess consisted of eliminating consideration of
short-range possibilities, that Is, Items sched-
uled for production In the next five years,
because In most such cases national procure-
ment plans had been firmed up well In
advance and already committed. In the 7 to
15 year time -frame, on the other hand, the
Groups moved forward In their examination
of future possibilities for co-operation by
first giving systematic consideration to the
future threat, including national statement?,
concerning the capability to meet the threat
In the late 1970s, and by preparing provisional
lists showing deficiencies In the forces pro-
vided for NATO for consideration by the
national capitals.
The modus operandi of the Main Groups
and their Sub-Groups thus gradually evolved
into a pattern which, having started out bv
taking an all Inclusive approach to the pos-
sibilities for future collaboration in arma-
ments production, has continued moving for-
ward inch by Inch, meeting by meeting, item
by item. In the search for cases in which
similarities of technical requirements, and of
time scales show:
What the military "pay-off" of various
designs and types of equipment is;
What the potential benefits of new and
improved technology are;
What the prospective benefits of co-opera-
tion are; and
What the feasibility of achieving co-opera-
tion Is.
In the hope of expediting this process the
Conference of National Armaments Direc-
tors Instructed the Main Groups at its meet-
ings In February 1972 to review the AD 70
Follow-On proposals in the light of their
own activities and. In particular, their
analysis of replacement schedules and to
submit a report to the Conference In October
on the possibilities for co-operatlon for
equipment to meet the AD 70 priorities.
What has happened could perhaps have been
foreseen. Regardless of the many "possibili-
ties" for co-operation that have been iden-
tified based upon similar requirements In
similar time-frames — and there are some-
thing like forty or fifty of these — reaching
agreement on commonly acceptable techni-
cal characteristics for future equipments
and resolving precise points of view invar-
iably calls for a more concentrated approach
than Is afforded at holding three day meet-
ings of national military, scientific and tech-
nical experts, twice a year. Conversely, mak-
ing arrangements for a continuous study
for several months at a time by experts
drawn from several nations is often ex-
tremely difficult to effect. The nations sim-
ply will not spare the time. Whether the
nations evtr give serious consideration to
the prospect of putting together an eco-
nomic matrix involving several weapons proj-
ects or whether the nations simply adhere to
the present system of allowing Individual
project opportunities to become separate
projects If and when they materialize, the
need exists to bridge the gap currently exist-
ing between the information exchange level
and the national decision making level.
While the October meeting of the Confer-
ence of National Armaments Directors did
not come to grips with specific "possibilities"
for co-operation which had been identified
by the Armaments Groups during the course
of their efforts, the Armaments Directors did
resolve to attempt a giant step toward clos-
ing the gap I just referred to.
In order to improve Its effectiveness in re-
ducing armaments duplication and to
strengthen the technological-military pos-
ture of the Alliance, the CNAD took a num-
ber of actions. The first of these involved the
adoption of a set of Guidelines for Improved
Equipment Collaboration. These consist of
four principles and provide substantially as
follows :
(a) Before newly formulated national mili-
tary requirements lead to the initiation of
corresponding research and development
projects by one country, every effort should
bo made:^
(I) either by direct discussion vrtth other
MOD'S or by reference to the CNAD organi-
zation, or both, to determine whether other
NATO coimtries have similar military re-
quirements or have already started corres-
ponding work;
(II) to weigh the advantages to be gained
from a common solution that could result
in common development and or production,
or from common procurement in a third
country, or from production under licence;
(III) to test and otherwise carefully assess
any eqiilpment from another nation which
promises to meet that requirement;
(Iv) to use existing components, available
weapon calibers, standardized consumption
Items, etc.
How these principles are going to be ap-
January 4, 1973
CONGRESSIONAL RECORD — SEN ATE
331
plied remains to be seen. However, their
adoption is allied to a second action which
could provide a more solid foundation for
their uppUcatlon. The CNAD drafted a mes-
sage to Ministers in which it proposed that
fuller conununicatlons between the CNAD
and the Defence Ministers be opened In order
to identify, on a continuing basis, those
areas of major concern to the Ministers In
which the CNAD can be of help. It is ex-
pected that Ministers will welcome this pro-
posal when they convene in December. The
first opportunity to act on specific weapons
proposals will be In May 1973, assuming the
CNAD Is in a position to formulate specific
proposals between now and then. The next
meeting of the Conference which is scheduled
for early February next year, will obvlovisly
be a crucial one In this regard.
In order to obtain an even better focus on
this very Important initiative the Conference
in October adopted the system of assigning
specific areas of concern to individual
Arthaments Directors who would then take
responsibility for examining the areas, for-
mulating alternatives, and making recom-
mendations to the CNAD that could in turn
be forwarded to Defence Ministers for deci-
sion and action. As a preliminary step In
this direction the Conference selected four
areas, namely:
Anti-armour;
Surface-to-Alr missiles;
Surface-to-surface anti-ship missiles; and
Alr-to-alr missiles,
and assigned them to the four National Arma-
ments Directors who volunteered to accept
them.
Finally, the Main Groups were instructed
to select a few proposals, from the many
tbey forwarded In October, as priority items
consldererd as having the highest importance
considered as having the highest Im-
portance, and to be prepared to present them
to the Conference In February.
All that I have said thus far about the ef-
forts to promote co-operation In research,
development and production of military
equipment, may seem fairly remote from
where you sit. Nevertheless, you have the
largest stake in the outcome. Efforts to en-
courage, co-operation in research, develop-
ment and production have been going on at
the NATO Headquarters level for 20 years.
During that time the action has taken dif-
ferent forms. We refer to our present form
as being "permissive" largely because it is
the nations themselves which govern and
control the subjects that are discussed. The
means that the subjects are not dictated by
requirements systematically selected by the
NATO MUitary Authorities." That system has
been tried previously and was abandoned
when the CNAD arrangements came into
being In 1966. Some of you may recall that
It was known as the NBMR procedure.
There are those who believe that the pres-
ent permissive system which results In ex-
changing vast amounts of technical informa-
tion on subjects which the nations select
provides sufficient "pay-off" for the effort
being applied to it, and that the majority
of the participating countries readily accept
that there Is no correlation to be expected
between the broad benefits of information
exchange and the physical numbers of co-
operative projects which the nations may
elect to initiate. Accordingly, so goes the
argument, if there are to be more decisions
to initiate co-operative projects In the future
such decisions should be made without
prejudice to the basic arrangements compris-
ing the present CNAD sub-structure. Never-
theless questions continue to arise as to
whether the results achieved from the time
and energy Invested In Information on ex-
changes constitute a proper return on the
resources the nations have expended during
the past five years to encourage co-operation.
The decisions taken by the CNAD in Oc-
tober reflect a desire to reap the benefits of
both these points of view. On the one hand
CNAD does not want to stop essential In-
formation exchanges; on the other it wants
to force decisions in regard to high priority
weapons systems needed in the 1980s. Can
such a system be made to work? It depends
upon what the nations are willing to do
about it. Every study NATO has thus far
made in an effort to analyze its past faUures
to achieve success has reached the same con-
clusion. The main reason for failure has been
the lack of sufllcient purpose and determi-
nation on the part of the nations themselves.
Have times changed? I am Inclined to
think they have. The post-wsir era Is dead
and gone. The nations are rich and prosper-
ous. The Common Market is expanding. The
emergence of Eurogroup as a Consulting and
Planning arrangement within NATO is an
Indication of the recognition being given
to the importance of doing something besides
talk about Europe's defence problems.
At the start of this hour I quoted from a
paper which stated that the obstacles to co-
operation that NATO has experienced have
lain equally In the military, economic and
political fields.
The classic catalytic agent that from time
Immemorial has overcome all such obstacles
and caused nations to band together Is fear,
fear of a common enemy — fear In the form
of a threat to the collective security. At
present, that type of threat seems to be less
potent, so to speak. But I suggest that there
is a new one. We need to co-operate for
economic reasons. We cannot develop all the
technology we need to meet all the chal-
lenges of modern society unless we find a
better way of co-ordinating and Integrating
our energies. In short, the threat Is now
internal as well as external.
What may also affect the situation Is the
Impact of strictly military inputs upon the
whole approach to co-operation. Let me
explain.
Aside from the contribution! made by the
AD 70 studies to the knowlejflge of NATO's
readiness posture and its eqtiipment needs,
and despite the availability of such informa-
tion to the CNAD substructure, no concerted
attempt has yet been made to define the
precise Inputs that the NATO Military Au-
thorities should make in order to maximize
the CNAD effort. During the first several years
after the Conference was established the
problem was not particularly acute since the
CNAD bodies themselves spent most of their
time exploring the existing technological
spectrum, looking for likely prospects for
co-operation that were not there. But as the
focus of effort moved away from the present
and more toward the future, as I explained
earlier, matters of technical feasibility have
become Interwoven with questions of an-
other sort. In order to Icam what weapons
system will be needed In the future it has
become necessary to determine what the
operational requirements will be in light of
the threat that Is expected at that time. The
source material needed to study such prob-
lems has required us to shift away from sole
reliance on weapons designers and to seek
Inputs from those who must eventually use
the equipment. This has resulted in our need-
ing to acquire more information from the
field soldier than we have had before. A&ord-
ingly, the CNAD would welcome from the
Military Authorities a set of common tactical
concepts in order that operational require-
ments for sophisticated equipments for the
future could be more easUy formulated. This
Is no simple task. In fact, the first suggestion
put to the Military Authorities was made by
the Secretary General 10 years ago. The De-
fense Planning Committee raised the subject
again In one of Its semi-annual AD 70 Follow-
On Action Reports. And more recently, the
subject has come up in Military Committee
discussions.
What is needed is a thorough examination
of the question of whether the development
of common tactical concepts is in fact prac-
ticable, and If so, how one might go about
staffing the effort required to produce them.
In the absence of a set of agreed concepts the
CNAD has had a go at devising Its own. The
Trl-Servlce Group on Air Defense developed
a Philosophy of Air Defence for the 1980s li
order to complete Its main task of defining
the weapons needs for that period, and Panel
XI of the Army Armaments Group has been
comparing long-term national and interna-
tional studies, (post 1980) In order to pro-
vide guidance of other sub-panels of the
NAAG In respect to requirements which fu-
ture equipments will have to meet.
Such attempts to fill the vacuum are, of
course, useful but nevertheless invite the
criticism that CNAD should not be In the
business of determining military doctrine.
The CNAD readily agrees. It Is a case, how-
ever, of needing to find some way of estab-
lishing what the operational requirements
of the future are. Whatever the outcome, the
failure to arrive at a consensus In respect
to tactical concepts Is one of the underlying
causes for the lack of success experienced
in the information exchange groups. Without
agreed concepts, it Is impossible to resolve
the operational needs of two or more nations,
regardless of how willing each nation may be
to accept the fact that the need exists. The
price of the failure is more un-co-ordlnated
and non- Integrated development and pro-
duction.
The Secretary General's June memoran-
dum put the problem of co-operation into
further persf>ective when it observed that
while we are working on future requirements
It would be most useful to the Information
exchange groups If the NATO Military Au-
thorities were to decide what Is Important
about standardization. The term "standard-
ization" has cropped up time and again. It
has been used freely In the past by both
Foreign and Defence Ministers to bolster
their calls for more co-operation. Also the
Summary Appraisals prepared by both past
and present Secretaries General as a prelude
to annual Ministerial discussions of Force
Goals have repeatedly called for more stand-
ardization. The Military Committee has sub-
mitted several resolutions and statements to
the Council/DPC over the past five years.
SHAPEX 71 contained a special presentation
on the subject. SACLANT mentioned it again
during SHAPEX 72. The Exploratory Con-
ference on Production Logistics that took
place in June 1972. and which was the first
NATO Headquarters-level logistics confer-
ence ever held, heard a compelling and
graphic argument for standardization by the
AS(X! Logistics, SHAPE. In a speech in
September, General Steinhoff described
standardization as becoming "an absolute
necessity".' SHAPE'S input to both the AD
70 working papers and the subsequent AD
70 Follow-On Report left no doubt about It:
more standardization Is needed.
The question that arises In this context is:
standardization of what? What Is the rela-
tionship between standardization and oper-
ations; between standardization and sur-
vival? Who can say what will happen or not
happen if we go on proliferating makes and
models of equipment as we have in the past?
It would help make the standardization
argument come alive and give greater sub-
stance to the argument for interdependence
of men and materiel on the battlefield if
CNAD had a better idea of what needs to be
identical, what needs to be Interoperable,
what needs to be Interchangeable or what
simply needs to be compatible in weapons
supplied by the nations. Once we know more
about what really needs to be standardized
and once the priorities have been sorted out,
a programme of several projects might be
put together containing the economic trade-
offs that a production matrix would facilitate.
The acceptance of the Secretary General's
suggestion by the Military Committee In Sep-
tember is a step in the right direction. Its
' Address before the 20ih Anniversary
meeting of AGARD, 28th Septemlser, 1972
332
I
CONGRESSIONAL RECORD — SENATE
Januanj ^, 1972
thoughtful and thorough implementation
:oulci open an avenue to co-operation which
has not receU-ed much attention before.
Countries which now hesitate to co-operate
If It means subordinating their national ef-
forts to achieve greater Industrial growth and
:ompetence — and that applies to nearly
5ver>one — might feel freer to participate in
projects which would allow them to manu-
facture weapons for their own use In their
>wn countries so long as they conformed to
igreed NATO standards. They would have
:he logLstical advantage of being Inter-
:hangeable with components or elements of
iveapons produced by other manufacturers In
ither countries.
So we have the Incentive for a "new-deal"
n prospect. We know we have not been as
successful in encouraging co-operation in
;he past as we should have been, considering
111 the work that has been done. We are
'easonably certain why we have not been
nore successful. We kiiow we have paid a
jreat deal of lip service to co-operation while
;oing full steam ahead in developing our own
in-co-ordinated and non-Integrated pro-
grammes. And now we are In trouble. Infla-
lon Is rampant; unemployment is rising;
;osts are already out of sight — and there are
lot enough non-NATO nations who really
leed a quarter of a million dollar antl-shlp
nissiles for their mosquito fleets to absorb all
he production capacity that Is now avail-
Lble.
What Is needed Is a plan whereby there
ire only winners — no losers. We needed such
nitiatlves as the CNAD took In October. We
leed such Inputs from the NATO Military
Uithoritles as I have described. We need the
ictlve participation of Ministers. We need
(llicussion at the top and at the bottom.'
lowever, all these actions could produce an-
nther round of frustration and inaction un-
e.ss there is a real determination to put to^
Kether what I would call a. Common Defenc^
:.Iaricet.
The^lSoOs and 1960s are behind us. The
i-eapons for the 19703 are already entering
he inventory. The 1980s lie ahead. But the
' ime for action is now. not later. A major ef-
: ort should be mounted to begin a pro-
!;ramme for development and production of
i tandardlzed weapons systems for the decade
1 leyond the current one. Some form of an
(ipen ended economic and technical commls-
! Ion should be established and charged with
i luttlng together a production matrix to
] landle a half dozen or more high priority
( andidates for co-operation. The main
jj-maments Groups will go through the
laotlons of sifting the possibilities for co-
( peratlon between now and the time th
CNAD meets In February. So will the four
1 olunteer Armaments Directors. But I have
ilready told you what Is on everyone's shop-
j Ing list for the 1980s. I do not think we
(ould go wrong by settling on that now. at
1 !ast for openers.
I have now come to the logical point for
< ndmg this dissertation because I have said
s bout everything there Is to say about co-
( peratlon in armaments development and
I roduction. But deneral Morton would
. 1 ever forgive me If I did. I must tell you
f bout other developments which have taken
f lace this year and which reflect a hopeful
B wakening of awareness that logistics Is more
than Just a national responsibility.
We all know that the trend today is for
e ach country to want to equip its troops with
the lat«st and the best, and the most ex-
pensive equipments that money will buy. In
t tiese times obsolescence sets In long before
r ormal replacement Is scheduled. Faster
tjrn-over means Increased costs and it Is
I sually replenishment spares and reserve
s »cks that suffer. Cautioning the nations to
n lalntaln a balanced relationship between the
gaal of modernization and the requirement
f )r adequate support has become a well worn
r;fraln.
What I have tried to do for a number of
y ?ars Is to And some way we can persuade
the nations that the refrain would not be
so hard on the ears if sxmg In at least three
or four part harmony. Two years ago I sug-
gested that we ought to get choir practices
going at the NATO level and that one way
to do It would be to convene a NATO- wide
Conference on logistics. As you know we were
finally successful. The Conference was held
in June. As mentioned earlier. It was called
an Exploratory Conference on Production
Logistics. The term "Production Logistics"
was Invented especially for the occasion just
to make sure we did not get Into things like
days of supply, cross serving of aircraft, mal-
posltlonlng. training, pre-stockage, resupply,
transportation, dispersal, support of rein-
forcement forces, medical support and the
thousand and one headaches you have to
live with every day.
You may well wonder what was left to
talk about. Quite a bit, in fact. During four
days the Conference heard fifteen presenta-
tions Including those of the ACOS Logistics
of both SHAPE, and AFCENT. namely Gen-
erals Dewandre and Morton, respectively, cer-
tain of the nations, and several NATO Agen-
cies. The hundred or so loglstlclans present
agreed that we needed:
A set of NATO Procurement Standards —
and a guide to drafting contracts;
To exchange information and experience
on logistics;
To develop techniques for assuring opti-
mum maintenance policies;
To find ways to harmonize logistics policies
and procedures;
To co-ordinate logistics training methods
and examine the advantages of centralized
programmes.
Last month the CNAD approved our tak-
ing action to get certain of the studies made
and to finalize the results In the form of
N.\TO guidance papers. The CNAD will take
a further look at the results In February
before deciding whether another logistics
conference should be called to discuss what
happens next. No major breakthroughs oc-
curred In respect to agreement to provide for
regular dialogues on logistic problems. If that
comes It will have to come later after we have
digested the work already cut out for us.
But In Its approved set of conclusions and
recommendations the Exploratory Confer-
ence struck a blow for freedom. It went out
of its way to say that, and I quote:
"The fact that 'logistics Is a national re-
sponsibility" should not stand In the way of
concerted efforts being taken by the nations
to deaKwlth the matters cited above . . . the
needy! o take aggressive and determined steps
forj/ard Is the paramount consideration."
And so I repeat again: there appears to be
more than a little basis for hope after all.
But because of what I have been at some
pains to describe, the results may not be
readUy apparent In the near future. Military
logistics In the 1970s will still be fraught with
headaches. That does not mean, however,
that men are not at work. What we now need
is to keep up the effort.
Most of you, If not all. will go from here to
assignments back In your own national serv-
ices. The greatest pay-off to NATO In the
long run would be the use of your experience
and knowledge back home to peel aside the
black-out curtains which shield mens' minds
against the knowledge of what must be done
in the years ahead. If NATO Is to continue
to play a dominant role in defense of West-
ern Europe, as It has In the past, and if the
advantages of co-operation we have talked
about so long and so often are ever going
to be realized. It is going to be up to every
man to "think NATO" when he gets home.
We need. In fact, to "keep the faith."
Thank you.
'VIETNAM: THE AMERICAN
TRAGEDY CONTINUES
Mr. HARTKE. Mr. President. I first
called upon our Government to withdraw
aid from a tyrannical dictatorship m
South Vietnam in 1963, 5 years before
the presidential election of 1968.
Every year since, I have said, "Out
now."
Mr. President, I ask unanimous con-
sent that an article about the air war
written more than a year ago by Mr.
Herbert Mitgang, a member of the edi-
torial board of the New York Times, be
printed in the Record at the conclusion
of my remarks.
Here is what Mr. Mitgang wrote 16
months ago;
A year ago, 5.000 American planes were
operating over Indochina. This year, the
casualties and body counts have dropped
sharply. But the only date certain for with-
drawal Is considered to be the '72 election
here . . . The revived fury of U.S. aerial
strikes In the last fortnight Indicates that
our exit from the Vietnam war Is through
the bomb bays. These activities hardly ac-
cord with the periodic announcements from
Washmglon about winding dov;n the war.
Two years ago in ( In 1969 ] —
Mr. Mitgang continues —
there were 1,800 sorties monthly. The cost
of one B-52 sortie Is between $35,000 and
$45,000. This comes to more than $35 million
a month.
Mr. President, nothing is as alive as
yesterday's newspaper when it comes to
the war in Vietnam.
According to my calculations, Mr.
President, casualties cau.sed by our most
recent so-called carpet bombing of
Hanoi and its environs total approxi-
mately 2,000 persons per week.
Can words carry any meaning at all?
What is left to be said? What emotional
freight can any combination of syllables
carry at all for those who have "heard
it all before?"
So, as I say, I merely oflfer this aged
piece of news copy. We may be sure when
this is all over, we as a nation shall be
reading of this record for ages to come.
If anyone within the sound of my voice
is concerned about his place in history,
let him look to it.
There being no objection, the article
was ordered to be printed in the Record,
as follows :
The Nonwar War
(By Herbert Mitgang)
The uncontested nonelectlon next Sunday
for the South Vietnamese presidency hSBMts
counterpart In creative fantasy for over
200,000 Americans there: from the Delta to
the DMZ and beyond they are shooting and
being shot at In an unofficially undeclared
nonwar.
The biggest public relations triumph of
the Administration thus far is planting the
impression that, like Pan Am's commercial.
President Nixon is making the going great.
He told Congress and the country this month
about "our success in winding down the
war" but, skeptical Senators and Vietnam-
watchers say, he has only succeeded in wind-
ing down persistent opposition to the war.
This year the casualties and body cotmts
have dropped sharply but the going Is slow,
costly, still perilous and pegged to politics.
Senator Mansfield's original amendment to
the draft-exclusion law calling for a nine-
month troop withdrawal deadline was weak-
ened Into phrasing that Is open-ended. The
only "date certain" for withdrawal there is
considered to be the '72 election here.
It was not Mao but Confucius who said
that the best way to leave is simply by going
through the door. But the revived fury of
United Stages aerial strikes In the last fort-
January 4, 1973
CONGRESSIONAL RECORD — SEN ATE
333
night Indicates that our exit is through the
bomb bays.
The air war is very costly In human and
financial terms. A year ago about 5,000 Amer-
ican planes (1,000 flxed-wlng and 4.000 heli-
copters) were operating over Indochina.
There are still 3.500 American planes (500
flxed-wlng, 3,000 helicopters) In action to-
day. One and at times two aircraft carriers
are in coastal waters. Plane losses by hostile
fire and accidents have been heavy: more
than 3,300 flxed-wlng and more than 4,500
helicopters In the war up to row.
^for has the theater of combat been nar-
rowed In this twUlght time of disengage-
ment. Five states are still directly Involved.
Thailand remains the base of operations for
B-52 missions: Laos and Cambodia are regu-
larly interdicted to hinder the enemy's sup-
ply system; North Vietnam above the de-
militarized zone Is photographed by recon-
naissance planes and struck by flghter-
bomber.i on "protective reaction" missions;
South Vietnam Is one big free-fire zone when
required to ball out Saigon's soldiers.
In the semantic acrobatics of the Vietnam
war. "protective reaction" strikes against
antiaircraft emplacements and missile and
fuel sites have been stressed. But far more
dangerous In the future are the actions be-
hind two less-famillar phrases: "pre-emp-
tive attack" against troop Infiltration on the
trails and "ancillary effect" bombing — mean-
ing, in support of South Vietnamese forces.
When ARVN troops retreated from a Cambo-
dian town a few months ago, under heavy
United States air cover, Gen. Crelghton
Abrams, remarked, "Dammit, they've got to
learn they can't do It all with air. If they
don't, it's all been In vain."
In this withdrawal phase of Vletnamlza-
tlon, American troops are supposed to be in
a defensive posture. On-the-ground combat
responsibilities now belong to the ARVN; It
Is their turn to search-and-destroy and carry
the fight. But an Air Force colonel explains,
"Consistent with this concept we support
ARVN ground operations with air and artil-
lery. Both B-52's and tactical fighter-bomb-
ers have been Involved." In these operations
the American Air Force's role Is restricted to
"air logistical support and close air support."
Translated Into what has taken place this
month alone, the clear Implication of these
terms seems to be that American "advisers"
and fliers are very much part of offensive ac-
tions. They have been engaged In a two-
front war In September; carrying South Viet-
namese Infantrymen into battle deep in the
Mekong Delta 145 miles southwest of Sai-
gon and backing them up with helicopter
gunshlps; bombing in the southern pan-
handle of Laos In direct support of Royal
Lao forces and C.I.A. -trained guerilla bat-
talions. These activities hardly accord with
the periodic announcements from Washing-
ton about "winding down the war" through
Vletnamlzatlon.
It Is difficult to predict what American
casualties will be In the next twelvemonth
of nonwar If no settlement Is achieved In
the Paris talks (and the Administration
shows no eagerness to advance the prospect
of a settlement there) . The present rate of
fewer than 100 killed a month Is an encour-
aging drop but It could go up or down, de-
pending not on American-originated actions
but on the support given to sustain the
governments of client states. The United
States has become their hostage militarily.
The probability at this point Is that the
Air Force activity will be kept at a steady
level. Two years ago there were 1,800 sorties
(one aircraft on one mission) a month; cur-
rently the monthly rate Is 1,000. It has gone
up this month. The cost of one B-52 sortie
In Southeast Asia today — for fuel and bombs
alone — is between $35,000 and $45,000. Mul-
tiplied, this comes to more than $35 million
a month.
Many moribund national programs — for
education, housing, employment, parklands —
could be revived by the hundreds of millions
of millions of dollars now falling out of the
bomb bays on Southeast Asia. Perhaps a
more meaningful local measure, even though
Federal funds are not directly Involved, Is to
compare Just the financial costs of the B-52
bombings with what It would take to reopen
the main branch of the New York Public Li-
brary evenings ($350,000), Saturdays ($350,-
000) and Sundays and holidays ($200,000)
for a full year.
A few nonflylng days, not to mention peace,
would do It.
ROBERTO CLEMENTE
Mr. SCOTT of Pennsylvania. Mr. Presi-
dent. Roberto Clemente was a spectac-
ular baseball player, noted for his im-
possible throws to home plate, for getting
that necessary hit to put the Pirates
ahead. He was an exciting baseball
player. His tragic death has made his
career all the more remarkable.
"The Great One" was more than just a
great sports hero; he was a great human
being. His enthusiasm, his innate con-
cern, and dedication to improving the
quality of life for all those around him.
made him special in our often callous
world.
It is ironic that his death should oc-
cur when he was heading Puetro Rico's
earthquake effort for Nicaragua and try-
ing, as always, to help.
Pittsburgh loved him: Puerto Rico
loved him ; and he reciprocated this same
feeling of admiration. The world was
shocked by his tragic death.
Roberto Clemente sustained greatness.
He brought wonder and joy to his fans;
his death, a grieving sadness. He will long
be remembered.
Mr. President. I ask unanimous con-
sent that an article from the Los Angeles
Times and editorials from the Pittsburgh
Post-Gazette and the Baltimore Sun be
printed in the Record.
There being no objection, the items
were ordered to be printed In the Record,
as follows :
[Prom the Los Angeles, Jan. 3. 1973]
Clemente: Yotr Had To See Him To Dis-
believe Him
(By Jim Murray)
For once, Roberto Clemente must have
been taking. And God buzzed the high hard
one right across the letters.
They didn't make the pitch Roberto Cle-
mente couldn't hit. All he required of a
baseball was that It be In the park. He hit
with the savage lunge of a guy waiting on
top of a gopher hole til the animal poked
its head out. It's a good thing he didn't make
his living hitting fast balls because he never
got any.
Old Aches and Pains, we called him around
the press room. Here was a guy you could
drive railroad spikes with. You could scratch
a match on his stomach. He wasn't bor:i, he
was mined.
He was the healthiest specimen I ever saw
In my life. He didn't have a pimple on him.
The eyes were clear. I never even heard of
him having to blow his nose. Yet, he was
positive he was terminal. You'd get the Idea
reports of his birth were grossly exaggerated.
I never saw a man get so mad when you
didn't believe him. Roberto would rip off his
shirt, command you to put your ear to his
back, then he would ripple his vertebrae
like castanets for you. "You see!" he would
shout. "I am a man with a broken back play-
ing right field! ', Then he would go 3-for-4
with a stolen base .»nd three outfield assists.
He could get yellow fever In the Arctic.
You could tell by looking at him that his
temperature was 98.6 and that he never had
a coated tongue or sore throat In his life.
The sicker he got. the worse the pitchers felt.
He used to chew me out because I would
WTice a tongue-in-cheek column after listen-
ing to a litany of his symptoms which would
lead you to picture a toothless old man sit-
ting, shivering. In an afghan bedspread with
his feet in a tub of hot water and a tlierniom-
eter In his mouth and a hot water bottle
at his back. But every time the Pirates came
to town I would hotfoot It down to the dug-
out because you never came away empty
from an interview with Clemente.
He didn't answer questions so much as he
delivered orations. He could lecture bril-
liantly on osteopathy, orthopedigs, or the
anatomy. But he was Calamity Jane of the
dugout. He was always playing the last act
of Camllle. It was funny to be silting there
talking to this figure which looked as If It
had just walked off a Michelangelo pedes-
tal and hear It talking like something in a
TB ward.
I once asked him to describe a .400 hitter
and it was everything Roberto was not. It
had to bat left-handed, had to be young,
had to be batting behind somebody so It
could get good pitches. And. of course. It
had to have a good back and doctors and
trainers who believed him. It had to sit out
second games of doubleheaders and not waste
Its energy throwing out base runners at
home plate on the fly.
Roberto didn't have the grace of Henry
Aaron or the dash of Willie Mays but, if you
put all the skills together, and you had to
play one of them at the same position. It
would be hard to know which to bench. He
was the most destructive World Series player
I ever saw outside of Ruth and Gehrig.
The side of Roberto that everybody missed
was that he was a kind man. For all the
deadpan (he rarely smiled), bluster and
complaints (he never talked, he yelled), he
was always available. God Is getting an ear-
ful someplace today because Roberto is sure
he was quick-pitched.
The thing I like best Is, you never heard
of him doing a disreputable thing. The only
thing Roberto slipped Into his room at night
was a book. You never found him having
breakfast with a niece from Boston. The
only thing he drank out of a bottle was
patent medicine.
I can't believe he won't come walking out
of a clearing, bent over and holding his back
and complaining that the swhn was bad for
his sciatica. If you see someone answering
that description, throw him a bad pitch
down around the ankles outside and. If he
hits it screaming down the right-field line,
it can only be Clemente, and vou'll know
reports of his condition have been grossly
exaggerated once again.
I From the Pittsburgh Post-Gazette.
Jan. 2. 19731
Roberto Clemente. the Great One
For 18 years Pittsburgh Pirate fans thrilled
as a lithe figure, a big '^l" on his back,
strode nonchalantly to home plate in Forbes
Field or Three Rivers Stadium.
First, a twisting of the neck to get the
kinks out. Then an elaborate bit of land-
scaping of the batter's box, In which to
plant the feet so far back that It seemed
Improbable that he could reach the ball with
a fishing pole.
He took the first pitch for a strike, never
deigning to swing at the initial offering.
Then suddenly Roberto Clemente would
lunge forward, rifle a low outside pitch Into
right field and go Into second base in a
cloud of dust.
In right field, where he had taken an in-
terminable lease, he was Just as spectacular,
making basket catches or leaping high
against the wall, whirling and throwing to
cut off a base runner. He was the only out-
fielder we ever saw who would double run-
334
ners off first base with throws of deadly
precision.
Those were the trademarks of the best
baseball player who ever wore a Pirate unl-
Torm. But It was not those skills alone that
*on Roberto an enduring place In the hearts
Df Pittsburgh fans. They knew that he re-
:lprocated their admiration with a very spe-
:ial affinity for this city, his second home.
We remember him telling a Dapper Dan ban-
quet audience one winter a few years ago
that he would never play for any team but
Pittsburgh.
There was a recognition, too, that Roberto
tvas more than Just a super ball player. The
landsome young Puerto Rican was also a
jood family man and a humanitarian, al-
*-ays ready to help the needy. It was wholly
in character that he lost his life Sunday
aight in a plane crash while heading a re-
ief mission to victims of the earthquake In
S'icaragua.
The tragic circumstance of his passing wUl
idd luster to an already brilliant career and
Mishrine Roberto forever In the annals of
Pittsburgh sports.
He was truly the Great One both as an
ithlete and as a flne human being. This is a
iad time for all of us who have gloried In
lis performances both on and off the field.
A'e are deeply grieved to see him go.
CONGRESSIONAL RECORD — SENATE
January .4, 197s
January ^, 1973
CONGRESSIONAL RECORD — SENATE
335
[From the Baltimore Sun, Jan. 3. 1973]
How Roberto Clemente Died
Puerto Rico sorrows with all of us at the
ieath of Roberto Clemente, but its manner
:omes as less of a surprise to his own people
ban it may have to many mainlanders, who
li^iot know him so well. It was character-
ic o^hlm that he did not merely lend his
lame to the Puerto Rican project of asslst-
ince to the earthquake victims In Managua,
)ut managed It, and characteristic that, at
moment of national holiday at home, he
vent along himself on the fatal cargo plane,
o make sure that the relief supplies actually
venT. to the striken. Repeatedly, his baseball
loileagues. as they remember him, are re-
( ailing his compassion.
He was a man of great dignity, great reserve
1 Lnd great pride pride in his near-perfection
IS a baseball player, and pride in being black
ind In being Puerto Rican. He never permlt-
ed his fame and his wealth to distract him
rom the civic welfare work in which he was
I leeply engaged. Rather he used them to make
hat work more effective. Admired though he
5 on the mainland, and mourned here, it Is
1 10 wonder that In Puerto Rico he was a na-
1 lonal hero; and he died like one.
TO REINTRODUCE THE NATIONAL
HEALTHCARE ACT
Mr McINTYRE. Mr. President, be-
( ause health care almost certainly will be
he subject of major legislative concern
:n the 93d Congress, I announce my in-
lention to reintroduce the National
lealtlicare Act at an appropriate time in
I he early days of this session.
At the moment, Mr. President, I am
inaking certain changes, refinements,
i ,nd improvements in individual features
( if the original bill, not the least of which
13 improved protection against cata-
trophic illness expense.
But the basic nature and thrust of the
National Healthcare Act remains un-
( hanged. It aims at meeting the health
( are crisis on every front with the com-
I lined resources, talent, and experience
< if the health insurance industry and the
] federal Government.
The National Healthcare Act would —
Increase the supply and improve the
distribution and productivity of health
( are personnel;
Develop ambulatory health care serv-
ices to promote health maintenance and
reduce costly hospital use;
Improve health care planning to dis-
tribute current and future health care
resources more equitably and effectively;
Help contain the escalation in health
care costs and upgrade the quality of
health care;
Establish national goals and priorities
to improve health care : and
Improve the financing of health care
for everyone.
Mr. President, a month ago the Con-
gress' General Accounting OflQce com-
pleted a year-long look at the Nation's
health care system and prescribed a mas-
sive overhaul that could save Americans
billions of dollars.
Originally this study was to be con-
fined to the matter of hospital construc-
tion, but in the face of statistics show-
ing that the national health care bill has
increased fivefold in 20 years and now
amounts to 7.4 percent of the Gross Na-
tional Product, the Senate Labor and
Public Welfare Committee asked the
OAO to expand its report to include
all aspects of medical care.
In its 800 page report on the study,
the GAO backed such reforms as pre-
paid group practice, the use of out-
patient clinics and nursing home beds
to replace costlier hospitalization; ex-
panded insurance coverage for out-of-
hospital care, and a renewed emphasis
on the prevention of disease.
Because this study is so comprehensive,
and so timely, I would encourage my col-
leagues to review the GAO's findings and
recommendations and match those rec-
ommendations against the healthcare
bills that are introduced in this session.
I have done such an analysis in my
oflBce. Mr. President, and I am proud to
say that the National Healthcare Act ac-
commodates a good many of those rec-
ommendations.
This is not the occasion to detail the
correlations. That will come in a state-
ment I will make when the 1973 version
of the bill is ready for introduction. But
colleagues who would like to see a pre-
liminary analysis at this time need only
notify my office.
Let me conclude now by saying once
again that I believe the National Health-
care Act is the most practical, realistic
and workable of all the plans I have seen
to date.
It would meet the basic objective of
any meaningful healthcare reform —
making quality health care coverage
available to all at a cost all, including
the poorest of the poor, can afford.
And it would do this without squander-
ing tax dollars, without imposing a fur-
ther burden on low- and middle-income
taxpayers, without wiping out an en-
tire private health insurance Industry,
and without establishing another federal
bureaucracy.
It would preserve the expertise and
the competition built into the insurance
industry and use judiciously applied
Government resources to meet those
needs private insurers simply cannot
meet.
The National Healthcare Act would
get at the root causes of today's crisis
by increasing health manpower and facil-
ities and Improving their distribution;
by establishing low-cost ambulatory care
centers where they wlU do the most good-
by improving health care planning at
every level; by instituting effective
methods of controlling costs; by setting
the kind of national health care goals and
priorities that will make future crises far
less likely.
I am proud of the National Health care
Act, and I sincerely hope it will win my
colleagues' attention and enthusiastic
support.
SUPERSONIC TRANSPORT PLANE
Mr. GOLDWATER. Mr. President I
am sure most of us recall that in 1971
the 92d Congress refused to renew Fed-
eral support for our 8-year national pro-
gram to develop an American supersonic
transport plane. At the time, many of us
who have taken a special interest in this
Nation's commercial aviation over the
years tried to point out what a costly
error it was that the Congress was
taking.
Now some 21 months later we are
beginning to understand just what we
sacrificed in refusing to carry on research
and development in a plane that will con-
stitute the future of aviations on a com-
mercial basis. The future of our aerospace
industry is uncertain. Our commercial
aviation leadership has been foreclosed.
In fact, we appear to be on the verge of
paying a price for abandoning our SST
which will be greater than the large in-
vestment we scrapped, greater than the
thousands of American jobs we closed out
and greater than the short-range prob-
lems the cancellation has given our air-
lines and aerospace industry.
Mr. President, we have heard reports
recently that the administration may at-
tempt to revive the American SST pro-
gram in the 93d Congress. Even though
I seriously doubt whether we could cor-
rect this mistake in time to overtake our
foreign competitors, I sincerely hope that
the attempt will be made. In all events,
I believe it is important for Senators to
know just what price we did pay for kill-
ing our SST. For this reason, I ask trnan-
imous consent that an article on this
subject, written by Mr. Ansel E. Talbert
for the American Legion magazine, De-
cember 1972, be printed in the Record.
There being no objection, the article
was ordered to be printed in the Record,
as follows:
The Price We Pay for Killino Oub SST
(By Ansel E. Talbert)
On March 24, 1971, the 92nd Congress of
the United States refused to renew govern-
ment support of our eight-year-old national
program to develop an American supersonic
transport plane, the proposed commercial
airliner known to all as the SST.
The refusal, perforce, cancelled the Ameri-
can SST program.
If we don't correct this hasty action soon.
It will — by every sign — Join the family of our
country's most costly legislative mistakes.
We appear to be on the verge of paying a
price for abandoning our SST which will be
greater than the large Investment we
scrapped: greater than the thousands of
American Jobs we closed out Immediately;
and greater than the short-range problems
our cop-out has given our airlines, and aero-
space Industry.
The Immediate partial demobilization of
our aerospace industry resulting from the de-
cision may become a larger and more perma-
nent demobilization. Its future prosperity Is
shaky. Our aerospace engineers, technicians
and machinists have learned a lesson in pub-
lic hysteria. They have lost a good deal of
enthusiasm for feeding their wives and
children by working In any such treacherous
business as we've made of aerospace.
We appear to have achieved nothing In re-
turn for the price we are paying.
By 1975, SSTs will start to fly commercially
all over the world, but they won't be ours.
Three other nations are building them and
two are now taking orders from the world's
airlines.
We won't be selling any, and — for reasons
that will become clearer — we stand to lose
our world lead in the sale of all commercial
airplanes. This will cost us more Jobs and
profits. It will also endanger a favorable
multibillion dollar chunk of our "balance of
trade" and "balance of payments," which
help keep our national wealth from slipping
abroad permanently.
Let's take a more factual look at the situ-
ation than we did 21 months ago when we
killed our SST.
The chief reason for tlie cancallation was
a one-sided public debate based on unproved
claims of damage which the SST would cause
to the world environment, and on predicted
but undemonstrated claims of irritation or
damage that SST's In operation would cause
to people and things on land and sea.
The responsible committees of Congress
recommended renewal and the Senate origi-
nally agreed. But when an uprising on the
floor of the House rejected It, the Senate re-
versed Itself in a Joint House-Senate commit-
tee meeting and both houses Joined In the
death of the American SST.
The program that was cancelled was not
one to put American SSTs In operation, but
to buUd two test-model Boeing SSTs with
General Electric engines. Among other things,
they would have tested the validity of many
of the objections. Some of the objections
deserved to be taken seriously (at least seri-
ously enough to test them) while others were
transparently false and hysterical.
The fanfare that killed our SST was simi-
lar to that which brought on Prohibition —
a swelling, unthinking, popular movement
led by slogans, symbols, mottoes, pseudo-
scientific alarums, speculations and scare-
headS, with little wisdom.
The Immediate results were:
(a) to throw out the window $1.2 billion
that we had already spent, except for what
can be salvaged for other purposes out of the
research:
(b) to spend large sums to dismantle the
program. (The Dep't of Commerce has said
that Is cost $100 million more to scrap the
program than It would have cost to build and
test the two planes) ;
(c) to throw some 12,000 skilled aircraft
workers out of their Jobs, demobilizing (and
demoralizing) a good part of our aerospace
industry.
The abandonment created such an unem-
ployment situation In Seattle, site of Boeing's
main plant, that the International Associa-
tion of Machinists mounted a nationwide air-
lift of food and other necessities to their
Jobless brethren In Seattle.
An Interesting side result was that we saw-
some politicians who had helped kill the SST
blame the Joblessness In Seattle on politi-
cians who had tried to save the SST.
The long-range results are, and will con-
tinue to be, much more complex.
Two American Industries have been thrown
Into a precarious long-range situation — our
airlines, and our aerospace Industry.
It Is estimated that If we had gone Into
SST production It would have furnished
about 50,000 planemaklng Jobs in the United
States. Some labor leaders think 150,000
American Jobs of all kinds have been lost.
Many of these were only on the drawing
board. But our planemakers didn't simply lose
hoped-for new business. They suffered what
Is beginning to look like a huge permanent
^setback In world markets In their total sales
of commercial planes. Unless It Is soon
checked, this trend will wipe out more Jobs
here.
Our planemakers have led the world in
commercial plane sales by a huge margin,
and their export business has led all indus-
tries In this country In recouping dollars
from abroad. Theirs is the most important
single Industrial cog in holding our nation's
nose above water In our slipping "balance of
trade" struggle.
Of all the commercial airline planes flying
m the world today, 85% were built by Amer-
ican workers and sold by American firms In
earlier years. In 1969, we exported S2.2 billion
worth of civilian planes and parts. Because
we did nearly all the selling, and little of the
buying $2 billion of this was balance-of-trade
m our favor! No other Industry has been re-
capturing so many dollars that we ship
abroad In military and foreign aid. or that
we spend In travel or send overseas when we
buy foreign cars, radios and TV sets, and a
host of other things.
It is no secret why the death of the Ameri-
can SST now threatens to reduce our lead
in sales of all planes — here and abroad — and
greatly strengthen our foreign competitors.
Foreign planemaklng nations had already
begun to eat into our sales, as their tech-
nology in slower-than-sound planes began to
catch up with ours.
They have always been quick to copy us.
For years they have studied the planes we
sold them, developed the capacity to make
various parts and assemblies themselves, then
Insisted that they make more and we make
less of the planes we sold them. Today, they
are entering the market with whole planes
to compete with our sales, for which we pro-
duce no more than some of the parts.
Our lead has always depended on our not
standing still. 'When we first started on our
own SST, it was In the cards that If we
stuck to the older American designs our aero-
space Industry would steadily lose its busi-
ness.
Whenever this had happened in the past,
we always overcame It by taking a new giant
step. Two years ago our SST was the next
giant step we were taking to keep our lead.
Lockheed had an entry, but the Boeing got
the nod. Either plane would have been vastly
superior to the Concorde SST to which the
British and French have committed them-
selves, and to the Tu-144 of the Russians.
The Boeing was a generation ahead of both.
When we killed It, we killed our only guar-
antee to keep ahead In worldwide commer-
cial plane sales.
Today, we have about run out of ways to
excel all others in slower-than-sound planes.
The new European Airbus A300B Is designed
to compete successfully with the present-day
big commercial Jets made here. The chief
American stake in the Airbus is General Elec-
tric engines, which are offered as an Induce-
ment to the many airlines which are already
staffed and equipped to maintain them.
The capital Investment in the develop-
ment of new planes Is so great that a number
of U.S. aerospace companies, to keep their
design teams and management intact, al-
ready have been forced to make Joint agree-
ments with some European companies for the
development of new products, such as short-
take-off-and-landlng planes. While such
movement of part of our aerospace industry
abroad keeps our management In the busi-
ness. It reduces our lead In the field and
draws the wrath of the AFL-CIO, which calls
It "exporting U.S. Jobs and technology over-
seas."
It Is against this background of the wane
of a vital part of our home Industry that, by
a precipitate act of Congress, we are entirely
out of the SST business Just as airlines aU
over the world are planning to fiy them.
Perhaps It Is not yet too late to ask our-
selves if the "reasons" for killing the Amer-
ican SST program were enough — especially
when untested — to Justify the penalties we
accepted. And it Is also past time to ask
ourselves what on earth we think we accom-
plished.
Did we keep SSTs from flying? Did we pre-
vent them from flying here?
Did we accomplish anything except to
throw American workers out of Jobs and
knife one of our great home Industries, while
perhaps forcing even our owm airlines to buy
SSTs abroad?
One of the things that comforted Congress
as it killed our SST was repeated rumor
from "usually reliable sources" that the
British and French would never put their
Concordes Into production to embarrass our
position and compel our airlines to buy SSTs
abroad. At the time, our media were fuU of
stories of French and British doubts about
the Concorde. They privately considered it a
disaster, it was said, and were going to get
out of It as gracefully as possible.
Now that we've scratched our entry, what
has happened to the rumors that the Con-
corde would never get beyond the test stage?
I was Interrupted In v,Tltlng these words
by an Invitation to attend the ceremonies
saluting the final assembly of the last pre-
production model French Concorde — the 02.
The "unveiling" was In Toulouse, France,
during the last week of September 1972.
While I was there, they showed off the big,
slower-than-sound Airbus A300B, too. I
learned In Toulouse that Robert Galley, the
French Minister of Transport, and Michael
Heseltme. the British Minister of Aeronautics
and Space, had decided on Sept. 14 to pro-
vide for the production of a new batch of
six Concordes so as to be ready for expected
orders. With these six, the total number of
Concordes in the works for future delivery
to airlines comes to 22, of which BO AC and
Air Prance have ordered nine and Red China
has placed a deposit on three.
So today, both the British and French are
In production of the Concorde I, while an
Improved Concorde II is already planned.
The Soviets are offering the Tu-144 to world
markets, though they have a long way to
go, with only one prototype In the air and
two more that are about to fly.
President Georges Pompidou of France has
been called, with considerable Justification,
the world's greatest airplane salesman. He
already has made a series of flights at super-
sonic speeds in a French test version — the
Concorde 001 — to show the world that the
French nation is solidly behind the Con-
corde project and to give It the maxlmiun
public exposure and press coverage.
Pompidou Is the first chief of state of
any nation to fly supersonlcally and the first
one to fly In a prototype aircraft of any kind.
One flight which dramatized the Concorde
tremendously was Pompldou's trip to the
Azores last year to meet President Nixon
during the monetary crisis. The French Pres-
ident arrived In Concorde 001. fitted out with
a specially Installed Interior, after a super-
sonic over-ocean trip which began in Paris.
President Nixon arrived In a sturdy U.S.
built subsonic jet of ten-year-old design, and
told Pompidou a trifle wistfully: "We will
have an SST one day."
Early last summer, the British prototype,
Concorde 002, was dispatched on a 46.000-
mlle flight that visited 12 nations between
London and Australia — a route which BOAC
Concordes will begin flying regularly in 1975.
Distinguished passengers who went along
for key conferences at various sectors of the
Journey Included the chief officer and sales-
men of British Aircraft Corp. and France's
Aerospatiale, cobullders of the Concorde.
They had some excellent sales help. Including
Heseltine; David Nicholson, chairman of the
British Airways Board, and Lord Jellicoe.
Britain's Lord Privy Seal.
Prime Minister Edward Heath took a super-
sonic spin at Fairford. England. Just before
the demonstration tour began, to give It a
136
1 1
Cot
t 1
o^
15S3
CONGRESSIONAL RECORD — SENATE
January 4, 197 S
)roper send-off. Her Majesty Queen EUza-
leth n and Princess Anne were out person-
I illy to greet the Concorde and Us crew at
London's Heathrow Airport, when It re-
1 urned. This doesn't seem to be the way to
liack quietly out of a mistake.
Those taken aloft dtiring the 46,000-mUe
1 ight for an Introduction to supersonic alr-
!ine flying constitute a real wax works of con-
lemporary Middle Eastern, Asian and "down
under" politicians and statesmen. They all
I Iked the plane, and said so.
The Shah of Iran, an excellent pilot In his
dwn right, sat In the copilot's seat during a
fight at 1.350 mph over his domains. On
lindtng. he gave the royal word that Iranalr.
113 nation's International airline, would be
1 Dining the supersonic club. Sheik Isa Bin
£ ulman Al-Khalifa. ruler of oU-rich Bahrein,
admiringly looked over the British prototj-pe.
Prime Minister Lee Kuan Yew of Singa-
pore, one of the fastest growing and most
p rosperous areas of the Far East, took a '
I Ide In the 002 at Singapore Airport. He asked
trtat his young sons. Lee Hslen Yang, aged
14. and Lee Wei Ling, aged 16. be given a
s apersonlc flight also. They became the
% Grid's first supersonic teen-agers during a
t -ip of nearly two hours above 50,000 feet.
Top figures of both political parties in the
,;^par.ese Diet were Concorde 002 passengers
Tokyo.
Sif^Etonald Anderson, Australia's Director
(Jeneral of Civil Aviation, and the Hon. R. C.
tton, Australia's cabinet minister respon-
ble for civil and commercial flying, flew
from Sydney Airport.
To complete the British one-two punch of
,if>ersonic salesmanship, all top officials of
e airlines of the dozen nations visited were
utinely given rides at each stop. Officials
the Australian airline, Qantas, found the
Concorde to be "right" for a great many of
e world's long atr routes, and said It had
bt)th monetary and prestige value for busl-
13 executives who could fly Sydney-London
16 ho^rs Instead of 32.
Even earlier, the French made a generally
liar Concorde 001 demonstration tour
the key South American countries and to
In Africa. They almost certainly will
mounting another before long, probably to
China.
Except for flying Its Tupolev Tu-144 to
from last year's Paris Air Show and to
ahother In West Germany, Soviet Russia
hpsn't made any long demonstration tours
yet^but she Is expected to. quite soon,
•A^en three Tu-144s will be available, rather
an one. It's worth particular mention that
British. French and Russians presently
selling not only SSTs, but also a new
ly of aircraft designed especially to com-
te with existing U.S. slower-than-sound
commercial ]ets.
Though the Russians flew their Tu-144
before the flrst Concorde was in the air. It
actually far behind In its test program,
their sales program Is blanketing airline
of both communist and non-commu-
st nations. Russia Is planning to fly SSTs
regularly over her own populated land. She
luply pooh-poohs all the clamor about the
terrible results of the sonic boom. In fact,
has offered several airlines the right to
commercially at supersonic speeds right
ross Siberia— reportedly If they will agree
buy and fly a few Tu-144 and or make oth-
agreements with Aeroflot, the official So-
'X passenger airline. It's the most direct
rdute between European and many Oriental
points, and quite an inducement — especially
Japan.
In an extravagant brochure aimed at sell-
TU-144S, Dr. Alexel A. Tupolev, the Tu-
3 chief designer, uses some space for Q's
A's about the plane. To the question:
How dangerous Is the sonic boom there
so much talk about?" Tupolev replies:
"In my opinion that question has been
given more attention than it deserves. The
T i-144 Is permitted to go over to supersonic
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flight at a height above 11,000 metres (about
50.000 feet ) . The strength of the sonic boom
drops sharply with height. Our control meas-
urements give us grounds to state that
flights of supersonic aircraft will not disturb
the inhabitants of cities lying along air
routes."
Tupolev is exactly right. Supersonic planes
can make booms that bust glass and plaster
and scare the daylights out of people at alti-
tudes up to about 30,000 feet (more or less,
depending on the plane's design, atmospheric
conditions, etc.).
At 50,000 feet they make a noise that a city
dweller can't separate from normal city
noises. A low-flying slower-than-sound plane
is more audible.
The Concorde Is designed to cruise about
two miles higher than that — in the 60.000-
foot realm. In French tests with Concorde
flights, some people on the ground below
heard it and some did not.
At 70,000 feet and more — at which ad-
vanced military SSTs are designed to cruise
supersonlcally — one must have sharp ears
and listen for the faint sound In a moment
of silence to hear it.
Millions of people here and abroad are
witnesses to this, but they don't know It
^because they didn't hear it. Our most ad-
vanced spy and strategic reconnaissance
plane — the SR-71 — has flown over the United
States and many other nations for nearly ten
years at around 2,000 mph and 80,000 feet in
all atmospheric conditions on thousands ol
occasions while millions below never heard
it.
Even so, only Russia antj Iran have said
that they plan commercial SST flights over
their populated areas. There are some Indica-
tions that Iran Is negotiating a favorable
deal for some Concordes of her own, In re-
turn for providing a land corridor over which
the planes may fly supersonlcally at high
altitudes. Commercial planes are forbidden
to break the sound barrier over American
territory at any altitude, and this rule was
in effect when Congress killed our SST. The
airlines don't care too much, as they only
profKJse to make their faint noises over open
ocean and unpopulated areas in our part of
the globe.
At some future date, the airlines might
seek the right to fly supersonlcally over many
populated areas at proper altitudes, If pub-
lic sanity on the question Is restored. The
decision would be up to the regulating agen-
cies or legislatures, who have a due regard
for both the hysterical content of the ques-
tion and the possibility of a single pilot vio-
lating the altitude restriction.
A military bomber boomed Minneapolis In
the early I960's at a low enough altitude to
involve the Air Force In the settlement of
numerous damage claims. This was not pilot
error. The flight plan was then thought to
be safe, and most of our actual bad experi-
ences with sonic booms occurred In the early
days of military supersonic flights when we
were Just learning what altitudes are safe.
Nevertheless, most countries will probably
never allow supersonic commercial flights
over cities as long as the possibility of pilot
error remains. The regulating agencies would
probably want something like an automatic
control to prevent supersonic speed below a
safe altitude, lest they run the risk of a sin-
gle pilot getting them into a peck of trouble
if they relax the rules.
The hysterical content of all questions In-
volving SSTs Is very real In the United States
and other western countries where antl-SST
propaganda has been well publicized with-
out regard to Its accuracy There's no ques-
tion that needless fright influenced Congress
when It backed away from our SST. Fantas-
tic tales that SSTs would cause skin cancer
( ! ) alarmed some people. They are traceable
to Congressional testimony by a meteor-
ologist who also blamed electric power short-
ages In New York City on flying saucers.
rather than on the known Inadequacies of
Consolidated Edison's generators.
A few years ago, letters appeared in Eng-
lish newspapers about damage and fright
caused by sonic boonts from the scheduled
test flight of a Concorde. They were all the
result of mass hysteria generated by scare
publicity, for the plane, due to last-minute
difficulties, had never taken off. One of these
letters was pathetic In Us minute detail of
the horrors of a sonic boom that never
occurred.
The years we are now living through may
go down in history as aq era of widespread
public hysteria. Future analysts will prob-
ably attribute It In large part to the great
advances in communication, by which the
wildest tales are often Instantaneously trans-
mitted to millions of people without sober
evaluation. When the public gets such stories
at a time w^hen It Is concerned over the
real problems of our technological society,
the conditions for mass hysteria are ripe.
Technological questions are so complex that
the average person has trouble separating
the credible from the Incredible if they are
handed to him in a mixed bag of truth and
falsehood.
Our particular kind of hysteria does not
exist In the Soviet Union, where the media
are denied a free press for either responsible
or irresponsible reporting unless It pleases
the government.
Dr. Tupolev and his associates are In em-
phatic agreement about another hvpothetl-
cal SST problem. They say there w'ill be no
air pollution worthy of concern from Tu-144
engines In the stratosphere or troposhpere.
The Soviet Union Is no less Insistent on be-
ing right about this than anyone else. En-
vironmental damage to the upper air levels
would be guided by them. We have our own
extensive studies of the same subject.
The beautifully designed and laid out So-
viet color brochure claims that the Tu-144
contains "all the advances of aviation on one
aircraft." It's a real "pilot's and passenger's
dream," giving "super speed, reliability and
comfort."
The front cover Is taken up with a striking
color photo of the droop-snoot nose of the
Tu-144, which, like the Concorde's, can as-
sume different positions at different speeds.
The back cover shows In color a happy
group of Soviet citizens starting on a trip
to be flown mostly at twice the speed of
sound — possibly the flight which Dr. Tupolev
says will be scheduled regularly between
Moscow and Vladivostok, on the Paclflc, In
three hours. Between covers are Tupolev's
questions and answers, excellent photog-
raphy, and interviews vrtth top Soviet aircraft
designers and test pilots telling all about
the advantages of flying an SST.
At the risk of belaboring the obvious, It
is time to say that In killing our SST on the
strength of rumors that nobody else would
fly any, we have been had. There Is not a
single sign to suggest that we In any way
prevented SSTs from flying — which was our
only possible aim. The speculations that
frightened us about them don't seem to be
bothering other nations that ought to be
concerned if our reasons were good reasons.
Did we — at least — stop SSTs from carry-
ing passengers on flights to and from the
United States? It doesn't look that way yet,
and It certainly seems that Americans. Eu-
ropeans, Asiatics. Africans and Australians
win soon be flying to and from American
destinations on Concordes and perhaps later
on Tu-144s.
If so, are foreign airlines going to get all
that business, or will oiu- airlines buy foreign
SSTs In order to keep up with the competi-
tion?
These questions bugged some of our legis-
lative leaders when they saw that the net
effect of our SST ban may only be to cut off
our own nose to spite our face.
Sen. Gaylord Nelson tried to meet this
problem by Introducing a bill that would
January 4, 1973
CONGRESSIONAL RECORD — SEN ATE
337
"ban any commercial supersonic aircraft of
any country from operating within the terri-
torial limits of the United States." In order
to keep Concordes out, It goes beyond setting
an American speed limit lower than the speed
of sound, which already exists. It has to stop
Concordes and other planes from coming here
If they are capable of supersonic speed, even
If they only hit such speeds after they have
gained safe altitudes outside of our territory.
Jack Sheffer, U.S. Federal Aviation Admin-
istrator, says It can't be done legally, and the
Supreme Court of Massachusetts has already
declared unconstitutional a Boston Airport
reS^atlon to ban planes capable of super-
soiS- speed.
Senator Nelson's bill has not been passed
and it Is hard to believe it will pass. Most
Congressmen can see the endless mischief It
would cause. It would probably make Mon-
treal the great International airport for
transatlantic passengers from Maine to Vir-
ginia. Other nations would get busy writing
specious rules to keep our airlines from land-
ing at their airports. We'd have no answer
when they told us it was Just a dose of our
own medicine.
Right now, then, we can expect that BOAC,
Qantas, Air France and other overseas airlines
which buy Concordes will offer SST flights to
and from U.S. destinations sooner or later.
This shifts the scene from our planeme.kers to
our airlines, which are in a real pickle.
According to the hoopla at the time we
killed our SST, the big supersonics would fly
half empty, and chiefly be a sort of toy for
the "Jet set" en route to grouse shooting In
Scotland or a late show in Paris.
What a relief it would be to many if the
Concordes should turn out to fly half empty.
They will be a bust. Britain and France will
be out a fortune, and the customers who buy
Concordes will lose their shirts.
But nobody in the business is willing to
bet it will turn out that way. Nations are
betting billions and airlines hundreds of mil-
lions that it won't.
It is the experience of the airlines that
people don't fly for the fun of it, they fly
to get somewhere fast. Given two planes at
the same price to the same destination they'll
choose the one that gets there quickest.
Every airline that Is planning to fly Con-
cordes expects to charge an extra fee. In
order to induce plenty of passengers to take
the slower planes that still have many reve-
nue-producing miles In them. Most Con-
cordes, they expect, will fly full or nearly full
of passengers. The Jet set will be welcome,
but the expectation Is that the business
executives, to whom time Is money, will swing
to SSTs In such numbers that the problem
will be to find a way to force enough of them
to keep flying overseas on the slower-than-
sound planes.
Probably many of the airlines would be
happy if the SS"! would go away for a couple
of years. In the long run, they want the
fastest possible planes In order to fight
spiralling costs The faster the plane, the
quicker its "turnaround." In plain language,
It can carry more payloads, make more trips.
In any given time.
But the airlines have untold millions in-
vested in existing planes, and would be happy
to fly them until they became obsolescent
before making a huge new capital invest-
ment.
The fact, however, Is that — even though
they don't know how they can pay for them —
our overseas airlines have had to plan on
the SST as Inevitable.
When our version looked as If It were going
to be a reality, most of our airlines planned
to buy a few Concordes to tide them over un-
til they could get the American model. Once
they had the Boeings, they'd have nothing
further to fear from Concordes taking their
passengers. When the movement to kill our
plane gathered steam, virtually all of our
airlines argued for the Boeing, In spite of
the financing problem it would give them
to own any. Their support of our program
was based In their conviction that SSTs are
Inevitable, and that we should have the best.
With the death of our SST, and with the
present certainty of foreign airline competi-
tion from Concordes, our airlines now face the
question: Should we buy Concordes, and how
many?
Most of them have options on Concordes
that they must take up this winter or
spring — which Is Just around the corner — U
they want to keep their favorable delivery
positions. BOAC and Air France contracted
for their first nine Concordes last June 28,
and our airlines were given six months to
keep in step. This deadline Is flexible, but
only slightly so. Including all extras, each
Concorde will cost about $50 million. Pan
Am Is In the worst fix. A great deal of Its
business Is on routes where Concorde com-
petition can be expected, with transatlantic
flights virtually a certainty in 1975. Pan Am
has options on six planes, and under present
agreements Is guaranteed "simultaneous" de-
liveries with BOAC and Air France, if it
picks up the options quite soon. Should it
take none, one, two . . .six?
If It takes none, will Its best business start
going to foreign rivals? Can it afford to stay
subsonic when its rivals go supersonic? If
Pan Am chances that, and all the prestige
goes to foreign rivals, will the line lose many
customers forever? What happens to your
firm when It gets a reputation as an old
fogey? If you buy no Concordes now, but get
some later under the pressure of lost busi-
ness, how long will It take to get your repu-
tation and ycur lost fares back? Howard
Hughes got Into real trouble and eventually
lost TWA when he stayed with prop planes
for many months when the other lines were
going to jet engines.
If there are never going to be any U.S.
supersonics, must our airlines buy more Con-
cordes than they'd originally planned? If
so, where will they (and we) be If Congress
decides later, rather than sooner, that we'd
better proceed with our own after all? With
too many millions tied up In Concordes,
how many of ours could the lines then buy?
There are no answers to some of these
questions. TWA and several others face the
same kind of dilemma and it Is no fun run-
ning American overseas airlines today. No
matter what decisions they make, they stand
to be damned If they do and damned If they
don't, and possibly ruined as well.
Some airlines think that their only salva-
tion may lie in the federal government buy-
ing some Concordes and leasing them to any
lines that need them. They fear bankruptcy
if they tie up millions In the wrong decision.
And if they should suddenly need Concordes
that they didn't order, they might lose too
much business while waiting for any that
were ordered belatedly. But what are the
chances of Congress ever buying British or
French Concordes to lease, after It killed the
American SST? The political explanations to
our unemployed aircraft workers would be
most embarrassing.
In any event, as we look at It right now,
the net "effect of killing our SST has been to
pay a huge price for no visible advantage.
it is possible to continue this discussion
forever. There are dozens of alternatives in
the minds of our planemakers and airlines
to try to make the best of a bad situation.
Let's skip them. None of them solves the
central problem, which Is the fruit of hasty
action whose only actual resolution lies with
Congress. Governments must finance the de-
velopment of such planes, they are beyond the
reach of private risk capital. One of our
alternatives Is to continue the retreat abroad,
'Where governments stUl go all-out In plane
development, as we used to. Our aerospace
firms might try to get licenses to make Con-
cordes, splitting the business Instead of lead-
ing It. They have something to offer for a
piece of the action — $1.2 billion worth of ex-
perience that we threw away In 1971, if they
can arrange to share It.
If Congress rues Its action and gets crack-
ing on an American SST again, the situation
will be different if it does it sooner or later.
Already It will cost far more to turn the clock
back than If we'd never copped out — not
only in cash but In ground lost in the race
to stay ahead.
The Boeing, for Instance, was designed to
cruise at 1.800 mph and carry 285 passengers,
while the Concorde has a top speed of about
1.350 mph, aLd a passenger limit of between
102 pnd 128. The difference in plane capabil-
ity lies largely in our titanium technology vs.
the aluminum technology of the Concorde
and Tu-144.
Time which we spend sitting on our hands
works entirely against us. While we sit still,
others will catch up. Under our own laws,
nearly all of our advanced Information is
available to them, and our lead depends al-
most solely on our more speedily applying
what we have spent so much to develop.
The Russians say they are working some
titanium Into their SST, and that It wUl
beat a Concorde by between 50 and 200 mph
in top speed — which remains to be seen.
They don't have our titanium technology
yet, but all we have to do is wait long
enough and the great edge we have in ti-
tanium technology will peter out.
Thus a discussion of our repenting would
be different, depending on whether we speak
of changing our minds now or several years
hence. The later the worse.
You can talk endlessly about the objec-
tions to SST's that led to our abandoning
ours. All of them that are real are control-
lable, which Is why Britain, Prance and the
Soviet Union aren't disturbed by them.
The sonic boom has the power in reckless
hands to break things up on the ground,
but nobody Intends to fly the planes so
that they do.
There was no hard answer to the big buga-
boo that SST's "might" Inject so much nitro-
gen oxide or water vapor or something else
Into the upper levels of the air that they'd
alter the climate of the earth. But there isn't
a shred of evidence that they would, and
there is plenty that they wouldn't.
Such frightening charges had a lot to do
with killing our SST. These are basically
sclentiflc questions, needing hard answers.
But the debate was conducted in the shrill
arena of political polemics, and the decision —
as it usually Is In such cases — was made in
the absence of hard Information, bowing to
the tempest of words.
No factual information was adduced that
such catastrophic results of flying SSTs
would occur. When scientific approaches
tried to catch up with the alarums, the
fright talk retreated Into "might," "poten-
tial," "unknown." and other semantic havens
that are Impregnable to fact finding.
The search for facts on this subject has
continued. We. and every nation that Is
developing SSTs, have focused keen scien-
tific attention on it, and continue to do so.
No credibility for the charges has yet been
discovered, while negative evidence keeps
growing.
Nuclear bombs, volcanoes and turbulent
storms have Injected heavier burdens of
more things In greater volume into the upper
air than SSTs would, without any of the pre-
dicted effects. Military planes have been
flying supersonic at SST altitudes for many
years, without any such detectable effects.
We shouldn't turn our backs on the re-
motest possibility of such an event. But we
cancelled our program out of mere specula-
tion that such awful things would happen,
and what we cancelled with the test pro-
gram! No wonder Dr. Tupolev isn't worried,
and the Concorde makers, though they could
hardly believe it, were happy at our hasty
retreat.
338
CONGRESSIONAL RECORD — SENATE
January jf, 1973
LIFE IN THE PEOPLES REPUBLIC
OF CHINA
Mr. MOSS. Mr. President, after dec-
ades of receiving all of our information
(in the living patterns, aspirations, and
( ulture of the people of mainland China
: rom the media of other countries, the
i jnericAi people are now being told about
levelop- fients in the world's most popu-
: Dus coiaitry by our own journalists.
Twen"y-two members of the American
I Society bf Newspaper Editors made a 23-
( lay visit last fall to the People's Repub-
1 ic of China. They traveled widely. They
talked ftankly and openly with China's
political- leaders. They were briefed on
1 he change in agricultural and industrial
lechniqlJes. They were shown many of
Ihe nation's art treasures and monu-
: nents. 'Jhey observed people at work and
in their '.homes. In short, they got a close
i,nd cleir view of life and developments
in this ancient and powerful land with
i.hom America has recently opened up
( iscour* again, and with whom we will
undoubtedly be having more contacts at
i ,11 levels in the future.
One of those who made the trip was
jTthur C. Deck, executive editor of the
£ alt Lake Tribvme. and vice president
( f ASNE. He has reported on what he
heard and saw in a "China Diary" which
^,as carried in the Tribune in eight in-
stallments beginning October 29. 1972.
] found the "Dairy" a fine and objective
I iece of, reporting. It gave me new in-
sights frito a land and people about
\ rhom I have read much — and wondered
1 lore. I Teconrmiend it to my colleagues.
I ask unanimous consent, therefore,
tliat the "China Diary" by Arthur C.
Deck, be printed in full in the Record.
There being no objection, the articles
\rere ordered to be printed in the Rec-
(RD. as follows:
( 'HINA DiABT — After Long Wait, the Gate
Opens
(By Arthur Deck)
After tour years of concentrated letter
exiting, telephone calls to Peking and ap-
jeals to the United Nations' delegation of
tae People's Republic of China, the Invlta-
t Ion finally came.
In July representatives of the Chinese gov-
e rnment Issued an Invitation for 22 members
cr the American Society of Newspaper Edl-
tjrs to visit that long locked-up country for
t iree weeks.
THEN the waiting
Then came the waiting. The first date was
Sept. 9. Then Sept. 16. Then finally. Sept.
2 3. After that came the anxious waiting for
V Isas. A trip by a representative of the society
t ) Ottawa, Canada, resulted In the bland re-
F ly that no word had been received from
F eking. Another trip there proved more Irult-
f il and the visas were finally obtained.
All 22 travelers gathered in Hong Kong
f )r the momentous entry Into the mysterious
li ind that had been closed to all but a few
A merlcans for 23 years. The group gathered
a ; the Kowloon raUroad station early Sept. .
2 ) where a representative of the China Travel
S srvlce took us in charge and loaded us onto
a train for the hour's trip to the border
^ here we were ushered through the Hong
E ong Immigration formalities. We were then
t iken in tow by a Chinese representative
t 'om Canton and led on a two-block walk
a nross the famed bridge that separates Kow-
li on from mainland China and into Shum-
c len, the border city which is our first port
0 '. call on a fabulous Journey Into that coun-
t y of more than 800 million people.
COUKTEOUS CUAKDS
Our apprehensions immediately began to
dissolve as we were ushered Into comfortable
waiting rooms by uniformed guards who are
courteous, efficient and who speak fairly good
English. After filling out the usual immigra-
tion entry forms, we were served tea while
we awaited our luggage for processing
through customs. Then, while awaiting the
arrival of the Chinese train, we were shown
into a very clean lunchroom for our first
taste of fabulous Chinese food — six or seven
courses with beer and tea.
Meanwhile the train arrived and we
boarded It for the beginning of our 4,000-
mile adventure. To the amazement of most
of us, It Is a modern, European-style, air-
conditioned compartment car and the train
slowly pulls out of the station while a red
flag flutters In the soft, warm breeze from the
top of the platform.
Twenty-three days later we are to return
on the same train filled with respectful im-
pressions of a poor country peopled with
millions of healthy, happy, hard working,
determined persons whose goal is eventual
prosperity that will Improve their lives and
place their country on an economic footing
that will allow them to compete with the
best of any nation In the world.
DESIRE TO ADVANCE
De^lte their almost fanatic drive to Im-
prove the country's agriculture and Industry
we are to learn there Is an ImpelliJiarjIl^lre
to advance socially and culturaU^!«s well
under the leadership of Chairman Mao Tse-
tung, who is on the threshold of deification
by the populace.
As the train gathered speed along an ex-
ceedingly smooth roadbed — by far more com-
fortable than many in the Unlt«d States —
we were given our first glimpse of the green
fields of rice and other garden products that
are typical of southern China.
As far as the eye could see were lush green
lands with here and there, small villages that
are t3rpical of the country's communes. We
also got our first Introduction to the trees
lining every street and road, and even the
railroad right of way that we lat«r were to
learn are typical of every part of China.
Our guide on the 80-mile ride to Canton
was a well-educated young man, Spong Wen
Hua. 30, who speaks English with hardly an
accent. He explained he learned English
at the University of Canton, has a wife In
that city who serves as an Interpreter for
the Government's export and Import de-
partment and that he earns the equivalent
of $24 a month escorting foreigners from
the border to Canton.
ARRIVE IN CANTON
Two hours after our departure from the
border we arrived in Canton, where. In a
hot, humid atmosphere, we were whisked
to the airport, there to fill out more official
forms and documents in the modern, spa-
cious terminal building. It was there, also,
where we were given our first introduction
to Maoism for in the lobby was a heroic,
white statue of the chairman and the walls
of U&e building were filled with his "sayings"
both in English and Chinese.
Presently we were put aboard a modern.
Russian-built airplane and forced to sit on
the apron In stifling heat (there were no
ground facilities to keep the airplane cool)
before takeoff for Peking some 20 minutes
later.
With the overhead luggage racks bulging
with such things as typewriters, suitcases,
bags of vegetables and other miscellaneous
Items — a situation that would make steward-
esses on American airlines pale In despera-
tion— the plane Anally took off for the four-
hour flight to Peking, far to the north.
AWAIT FESTrvrriES
Peking was bathed in lights as the plane
glided in for a smooth, perfect landing and
we were advised for the flrst time why we
were whisked to the capital city in such
haste. We were wanted there to participate
in the opening celebration of the country's
national day festivities, a huge dinner in
the Great Hall of the People.
Once on the ground, we were acquainted
with two things that were to become exceed-
ingly familiar during the ensuing 22 days—
the Chinese philosophy that everything of
Importance began with the revolution of
1949 and that status. In the form of titles
plays a most Important role in their scheme
of things.
Led by J. Edward Murray of the Detroit
Free Press, as president of the editors'
society and me as vice president, we de-
scended the ramp and were greeted by a
long line of government officials with whom
we shook hands and received our first, warm
official Introduction to the country. That
being over, we were escorted to a long line
of automobiles — a large black seven-passen-
ger limousine each for Mr. Murray and me
and the equivalent of an American compact
for each of the remainder of the party.
HEAD FOR hotel
Accompanied by 13 Interpreters, we headed
for the Peking Hotel where the Importance
of status was agal^ exhibited. Suites were
provided for Mr. ^p^ray and me while the
other editors were Assigned to comfortable,
but single-room quarters. The Chinese in-
sisted on these procedures for the entire visit.
Advised that we would have a light dinner
before retiring, we were amazed when we
sat down to a sumptuous feast consisting
of about 14 courses, complete with good
beer, wine and the mysterious, lightning-like
colorless liquor called Mao Tai with which
frequent toasts are given at every official
meal.
Our flrst day in that most interesting
country had turned out to be one of Allce-
in-Wonderland quality and was only a sam-
ple of what was to come.
Colors, Lights Glow as Crowds Line Streets
(By Arthur C. Deck)
Peking, China's capital city of 6 million
people, was bursting in color, both day and
night, for the three -day observance of Na-
tional Day, beginning Oct. 1.
By day buildings everywhere were festooned
with thousands of red flags of the People's
Republic, and by night all were aglow with
garlands of glowing lights. The great, wide
Peace Avenue, which Is Peking's main thor-
oughfare, was fllled from morning until night
with thousands upon thousands of people,
most of whom were astride bicycles, China's
principal form of personal transportation.
And the din of Incessantly honking horns
from the few automobiles and many buses
made conversation at normal voice level al-
most Impossible.
huge opening banquet
National Day, equivalent to the American
July 4, commemorates the end of the revolu-
tion In 1949 and is celebrated annually for
three days during which everything except
essential transportation services, is closed.
On the previous night, Sept. 30, the Great
Hall of the People, fronting on the broad,
tree-lined Peace Avenue, was the site of the
huge, official opening banquet.
The Great Hall is a magnlflcent structure
which would cover one of Salt Lake City's
blocks and is surrounded by a mall upon
which face a number of other equally beau-
tiful government buildings covering an area
of several blocks. Incredible as It may seem,
all of the structures were started at the same
time In 1968 and were completed In a period
of 10 months.
Women and children volunteered to work
with men as manual laborers on the build-
ings, and one of our Interpreters, a young
Chinese woman, Hsy Ylng, proudly told of
having been assigned to shovel dirt as her
part of the project.
January h 1978
CONGRESSIONAL RECORD — SENATE
339
diplomats, government officials
As our group arrived at the hall, auto-
mobUes were unloading hundreds of diplo-
mats, government officials and other Impor-
tant guests. We were ushered up several
flights of stairs Into an enormous dining
room. Hundreds of round tables, each seat-
ing 12, were arranged in the huge room, and
we were told there were more than 5,000
guests at the banquet. At the front of the
hall, under an enormous portrait of Mao, was
the head table for about 100 special digni-
taries.
The tables were laden with huge platters of
hors d'oeuvres, with small plates In front of
each diner and a pair of chop sticks. By Chi-
nese custom, each guest wades into the bowls
at the center of the table with chop sticks
and loads his own plate. No other utensils
were visible excepting a small ceramic spoon
with which soup is eaten.
When all of the guests were seated, a
magnlflcent symphony orchestra broke Into
the Chinese national anthem, and while
everyone rose from his seat, the head table
guests marched in accompanied by Premier
Chou En lal and Madame Mao. Mao did not
attend.
ENORMOUS 14 -COURSE DINNER
With these formalities concluded, the
guests sat down to afi enormous 14 -course
dinner, complete with beer, wine and the
famous (or perhaps notorious) colorless
liquor, Mao Tai. After about a half hour of
eating, there was an announcement on the
public address system. Everyone rose and
Chou began the first of many toasts for the
whole room, and these were followed by doz-
ens of toasts at each table accompanied by
the usual Chinese exhortation: "Kan pel!"
(pronounced "ganbay" which means "bot-
toms up" and which admonition must be
followed to remain In good graces with one's
dinner partners) . Fortunately, this Ughtnlng-
lUce liquid Is served in small cordial glasses,
but these are incessantly refilled.
When the last course was served, a huge
platter of hot towels was placed on each table
and each guest helped himself for the after
dinner washup. We were prepared for a long
evening of speeches, but presently a voice on
the public address system announced the end
of dinner, and everyone left without further
ceremony. The consensus of our group was
that this civilized practice of speechless ban-
quets could well be adopted in the states.
crowds LINE streets
Crowds by the thousands lined the streets
as the guests emptied the large hall, but
despite the absence of police or security
guards (there also were none visible inside
the hall), they were orderly and quietly ap-
plauded until the last car pulled away.
The following day. Oct. 1, the beginning
of the three-day holiday, the grounds of the
former Imperial Palace, which is now a pub-
lic park, were transformed into a gala Mardl
Gras festival. In every part of the hundreds
of acres were happy, darling children garbed
In colorful costumes, dancing and singing.
There were dozens of acts of rope twirling,
magic, vatideville, marksmanship, puppet
shows and an assortment of other entertain-
ment along the miles of walkways lined with
Impenetrable crowds of happy onlookers.
Nearby is the huge Peking zoo which also
was jammed with celebrants. Our group was
impressed to see the American musk oxen
which were a gift to China by President Nixon
In return for a gift of the Giant Pandas which
followed his visit earlier this year. Strangely,
however, there Is no mention of the source
of the oxen anywhere around their cage.
SPARTAN QUALITT
After only two days in China and those
. spent In one of the country's largest cities,
a visitor Is overwhelmed with the Spartan
quality of the people. There Is no evidence
anywhere of any antagonism toward the
United States and the friendly smiles with
which one Is greeted reflect the warmth of
the reception Americans are accorded.
A number of our group visited the Soviet
Union a few years ago, and we were saton-
ished with the contrast between the two
countries and the peoples' attitudes toward
American visitors.
While Russian streets were clean, Chinese
streets were spotless. Such public facilities
as lavatories in parks and buildings were
beyond comparison. In Russia such places
reeked with the stench of filth. In China they
were spotless.
RUSSIANS BRUSK, ARROGANT
In the cities, such as Moscow and Lenin-
grad, the people were, for the most part,
brusk and arrogant and wore forbidding
scowls. The Chinese are friendly and smUlng
and extremely gracious in their efforts to be
helpful, despite the great obstacle of lan-
guage differences.
Similarities do appear, however. While the
hotels In both countries are clean and com-
fortable, the bathrooms uniformly display the
lack of adequate scrubbing. The thick, beau-
tiful carpets In most of the hotels appear
well cared for, despite the fact they are
cleaned with rather primitive twig brooms —
there are no such things as vacuum cleaners.
Our first and only conflict with our Chi-
nese hosts occurred during the first couple
of days of our visit. Our irivitation to China
came from the nation's Journalists, and al-
though we were not advised earlier that we
were to be non-paying guests. It soon became
apparent, and it was at this point that we
lodged an official protest. Reluctantly our
hosts agreed that each of us would be able
to pay full expenses. As it turned out. the
23-day visit cost each person $771.65 which
covered everything — airplane, train and
ground transportation, hotel accommoda-
tions and food.
Great Wall, Ming Tombs Highlight
Wonders
(By Arthur C. Deck)
Of all the wonders of China there are
three In and near Peking which overshad-
ow all the rest — The Great Wall, the Ming
Tombs and the Forbidden City.
In a driving rain and cold wind our group
set out for an unforgettable experience of
first seeing, and then climbing the Great
Wall, which, for centuries, has been referred
to as one of the great engineering achieve-
ments of all time.
Through rather barren but wide and rocky
canyons, much like some of the approaches
to Price, Utah, our motor caravan threaded
its way to an area about 40 miles from Peking
where the first glimpse of the wall is seen
rising and falling with the craggy tops of the
majestic Yenshan mountain range.
The first sight is breathtaking and as the
winding road took us closer and closer the
real majesty of the wall came into focus.
We stopped at a part of the wall known
as the Petaling section and still In the rain,
with a blustery, cold wind, began our ascent
of the wall, walking along its top to one of
the higher pinnacles, some 20 stories above
the starting point. Thus was accomplished
by traversing slopes that angle upwards
about 30 degrees and climbing numerous
stone stairs. Once the top is reached, how-
ever, the view is magnificent and, as far as
the eye can see, it winds like an Immense
dragon whose head and tall are invisible,
but there Is an Illusion that one is able to
see the whole length that the wall extends.
Resting on foimdatlons of huge granite
slabs, supporting walls of large stone bricks,
the wall at the Petaling section rises about 24
feet with a width of about 8 feet. We were
told much of the wall has fallen into disre-
pair but that, although the government has
restored the part In the Petaling hills to Its
original state, there Is little or no money for
the upkeep of thousands of miles.
The Ming Tombs probably will be remem-
bered by television viewers who watched
President Nixon's motorcade pass along the
Sacred Way and through the line of huge
stone animals and human statues when he
visited China earlier this year.
Despite the continuing driving rain,
thousands of Oct. 1 celebrants lined the
way and Jammed the entrance to the tomb
until it was Impossible to enter. Of historical
interest Is that In the area there are the
tombs of 13 emperors of the Ming Dynasty
(1368-1644) but because of a determined
loss of records none of the great underground
places was discovered until around 1956 and
1957.
While It was known that tombs existed
near the Sacred Way, it was quite by acci-
dent that the location of one of two now
open was discovered. A stone was found ex-
posed in some nearby farmland, and through
deciphering the ancient carvings thereon
archaeologists excavated and opened the first,
that of 'Hng Ling, the tenth of the 13 em-
perors of the Ming Dynasty and his two em-
presses.
DISCOVERED BY ACCffiENT
More than 2,000 burisU articles of Immense
archaeological value were found In the exca-
vations Including gold, silver end Jade, porce-
lain, lacquer ware, silk and other clothing
to say nothing of the magnificent marble
carvings and underground.
Each of the tombs was begun when a baby
emperor was born and archaeologists estimate
it took one million workers 65 years to build
each. They were secluded and covered with
earth after the burial ceremonies and any
workers still alive were killed so that where-
abouts of the burial places would remain
secret.
The Palace Museum, formerly called the
Forbidden City, and located near the center
of Peking Is the third most noteworthy his-
torical site.
Building was begun In 1406 and completed
14 years later. The grounds cover hundreds
of acres and the palace Itself consists of 9,000
rooms.
Priceless works of art and historical relics
fill the principal museum building covering
a period of Chinese history da'ing from 4.000
years ago through the Ming Dynasty of 500
years ago.
DISPLAYS OF GARMENTS
Among the most exquisite displays are two
suits of burial garments made of pieces of
Jade threaded with fine gold wire worn by one
of the emperors and his wife In the 2nd
century B.C.
Although these museums have been open
to the public since the revolution, there once
was a small admission charged but this has
since been removed and everything is free.
It readily becomes apparent to the visitor
that these lavish displays of historic affluence
are made-to-order propaganda tools. All of
the brochures explaining the various exhibits
are filled with such phrases as "built by
forced labor." Another from the Imperial
Palace reads: "Within this Forbidden City,
for 500 years, a succession of 24 emperors, by
oppressing and exploiting the working people,
lived a life of extravagance and debauchery."
Intertwined In all this is the reiteration
that since the "liberation" In 1949 the lot of
the masses has been immensely Improved.
And So it has. It must be admitted, but is
still far behind the living conditions of people
in most western countries.
China Diary: Red Leaders Say Agriculture
No. 1 Priority
(By Arthiu- C. Deck)
Although any visitor to China would be
able to surmise the priorities needed to keep
that massive country moving toward pros-
perity. Premier Chou En-lal placed them
squarely on the line when he met with the
22 editors late one night tn a memorable
Interview which lasted until nearly 3 a.m.
China, he said, has Its priorities set up
In this order;
1 — Agriculture. ,
3 JO
2 — Small Industry.
3 — HeaTy Industry.
As a 'visitor travels In the cities, by plane
a*d by train over and through the rural
a^eas he Vs Immediately aware of the mam-
•h agArlan problem of feeding a nation
oi more t6an 800 million.
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CONGRESSIONAL RECORD — SENATE
Januanj If, 1973
ALL LAND CULTIVATED
Although we were told that nearly 20 per-
of tae country's land mass Is taken up
th mountains that are nonproductive,
elery sqiare Inch of available land Is cul-
ated to produce some kind of foodstuff.
In the cities, strips of ground adjoining
ts which we refer to as parking, are
nted Ih crops. In the country crops are
anted r^ht to the edge of roads and moun-
ins on "which there is topsoll terraced to
tdeir highest point and planted in grain or
01 her produce which can mature as dry farms
i ice thete is no way of getting water to
! ese high' areas.
And everywhere Is the mass of humanity
jrking from sunup to dark. Driving along
rural road anywhere will produce the same
epical sight — hundreds of men. women.
Is and children marching with hand hoes
oter their shoulders to move into the fields
the day's toll.
MOSTLY HAND LABOR
Mostly Jhe field work is purely hand labor,
some communes, oxen and donkeys and
o((caslonally a few horses assist with the
wing, harrowing and other tasks. And in
more affluent communes one may occa-
i^nally see a tractor, a prized possession for
ich thq commune's funds are hoarded for
4ars. More often than not. however, the
of plowing and tilling Is left to draft
imals and supplemented by humans pull-
the primitive plows with padded har-
es fastened to their shoulders.
Two striking things are apparent to the
visitor both in the cities and the country —
are 'no flies in China and there are an
astonishingly few birds.
What few flies there are. we were told,
blown in from Hong Kong. But flies are
ver seen swarming around the droppings
draft animals, in the cities and in the
cctuntry. even the pig sties, which in most
are located within a few feet of living
. are without flies.
On a train trip through the farming coun-
it became apparent there were no birds
the telephone wires that parallel the rall-
tracks whereas in the United States
re would be hundreds of them.
Our interpreters frankly admitted that this
s the result of one of China's major mls-
Because it was felt that the birds
wtre eating too much of the precious grain.
cc mplaintfi from the communes resulted in
government edict In the 1950s that they
shot.
Forthwith the farmer diligently went forth
denude the country of every feathered
ure. Presently It became all too apparent
a ghastly error had been committed. As
bird population decreased, the Insects
over and It became an almost impos-
sible task to control the pests without
Id sectlcides. Now. of course, they are trying
stimulate the return of the birds.
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RECOGNIZE LOW YIELDS
At every level, from the highest govern-
m mt offietal to the lowliest peasant, a visitor
is -toRT of their recognition of the lack of
hi ;h productivity on the farms.
They are determined to raise this through
m ;chanlzatlon and introduction of higher
qijality strains of grains and other farm
uce. Currently many of the communes
experimenting with various varieties of
from countries all over the world and.
addition, they are endeavoring to develop
ttfelr own strains through selective breed-
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oile
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They admit, however, that mechanization
another and more serious problem. For
thing, were mechanized equipment
avaUable, it would be of little or no use in
working the mountains terraces, or the rice
paddies. Further, most of the heavy equip-
ment being produced la designated for ex-
port and the volume leaves little available
for domestic use.
CHARY OF OVERUSE
Although commercial fertilizer plants are
spotted throughout the country the Chinese
are chary of its overuse and this was firmly
emphasized by Chou who told us of the
government's desire for farmers to xise nat-
ural fertilizers to prevent destruction of the
soil by chemicals.
As a result every farm on every commune
has its huge compost heap where, as they
call It, "night soil" is produced to en-
hance the land. Manure, also Is such a de-
sired commodity that It Is scooped up Im-
mediately whenever dropped. However, In
most cases, both in the cities and In the
country each animal has a mesh bag tied
under the tall so that the manure Is auto-
matically dumped Into the bag for easy re-
trieval. All animals also have a mesh bag
over the nose to prevent them from eating
the precious crops.
The "night soil" piles are a sight to be-
hold on each farm. There, long lines of
young girls, puUing two-wheeled carts, are
lined up and like an endless belt, haul the
black compost to the fields.
NOTED IN CrLTCRAL SPHERE
So important Is the need for fertilizer and
manure regarded that It has found its way
into the cultural sphere of~~€!bina's society.
While revolutionary themes are the main-
stay of most works of music and ballet, the
lot of the worker and his contribution to
the country's development are also extolled.
At a musical soiree to which we were In-
vited In the city of Slan. the first number
on the program was a string rendition,
almost In the style of western civilization,
played magnificently by two musicians on
the native Erhus (two stringed fiddles).
Its title: "Up the Mountain Come the
Manure Carriers."
Acupuncture Surgery Offered New Insight
(By Arthur C. Deck)
One of the memorable adventures In China
was the privilege of witnessing a performance
of the ancient art of acupuncture.
Since our schedule In Peking called for a
hospital visit, we naturally Inquired if we
would be able to witness one of the opera-
tions.
"Wait and see." we were told by one of our
Interpreters with a wry smile.
Our group of 22 editors was divided in half
with 11 sent to the prestigious Capital hos-
pital and the remainder to Peking hospital.
PAY for operations
As our motorcade reached Capital hospital,
in the center of the city, we were greeted by
the vice chairman of the hospital's revolu-
tionary committee (actually the hospital ad-
ministrator) and his retinue. We were
ushered Into a large reception room and
served huge tankards of hot tea while our
host explained that we were fortunate — this
was operating day and we would see an actual
performance of acupuncture.
Forthwith we were taken to a dressing room
and asked to disrobe, replacing our clothes
with sterile shoes, trousers, shirt, robe, mask
and hat.
"Take along your cameras," our host said
as he led us down spotless corridors and Into
a fairly large operating room which was the
counterpart of any modern surgery in the
United States.
FREE OF restrictions
He explained that two operations were
scheduled that morning — a goiter operation
on a woman and a chest operation on a young
male patient. We would be free to move In
and out of each operating room, he said, and
there would be no restrictions on our move-
ments.
"Be sure to take all the pictures you want,"
he said.
Presently the surgical team entered and
after the usual formalities, a young woman,
whom we were told was a young housewife of
34 dressed in the usual operating room cloth-
ing— sterile gown and shoes, smilingly walked
into the room and climbed on the operating
table.
Nurses went through the usual routine of
covering her with sterile cloths and then a
cage-like frame was placed over her face,
screening her vision from the operating pro-
cedure, but open at the head side so that
we, standing behind the nurse, could see her
face.
USED FOUR NEEDLES
A nurse, sitting at her head then began
conversing with her while a physician and
nurse approached with the acupuncture
needles. Four were used and were deftly In-
serted, one between the thumb and forefinger
of each hand and another on the wrist of each
arm.
These were manipulated and twirled for a
few moments, while the surgeon pulled on
his sterile rubber gloves, drew the diagram for
the cut on her neck and sterilized the area.
Without further ado he picked up a scalpel
and sliced Into the woman's throat. She gave
no sign of pain and was animatedly engaged
in conversation with the nurse seated at her
head while the operation which took an hour
proceeded. Finally the surgeon held up the
tumor, a ball of tissue about the size of a
small peach, and announced the operation
completed.
NO DISPLAT OP pain
While his assistants closed the wound, the
woman smiled at us and continued to speak
with the nurse, never once showing any signs
of feeling pain. Once the bandages were In
place, the sterile cloths were removed, the
needles pulled out and the cage removed.
The woman sat up on the operating table,
with no assistance and applauded our group,
a usual form of Chinese greeting. Then, again
without assistance, she slid off the table and
walked to her room. A half hour later we
looked Into her room and she again ap-
plauded and smiled giving no Indication of
pain.
OPENED CHEST CAVITT
The same procedure was used with the
young man. a 24-year-old peasant farmer
whose chest cavity was opened for a four-
hour operation for what we were told was a
diaphragmatic hernia. For this only two
needles were used, one inserted In the left
ear lobe and another In the left shoulder.
Although we did not remain to witness the
end of this operation we watched sufficiently
long to see his chest cavity wide open, with
the patient smiling and chatting contentedly
with a nurse.
As we left the operating room I inquired
of a doctor as to the Incidence of Infection In
the hospital since It occurred to me that with
all 11 of us walking in and out of two oper-
ating rooms at will, we must have stirred up
considerable amount of non-sterile material.
INFECTION A RARTTY
He looked puzzled at my question, replying
that they rarely had an Incidence of infection
following surgery.
During a subsequent tour of the hospital's
huge library we were shown some ancient
books, we were told dated back to 300 B.C.
with detailed diagrams of acupuncture pro-
cedures. Our physician host then explained
that while acupuncture procedure had been
used successfully for centuries, it Is only now
that research Is being carried out to deter-
mine why it works.
Capital hospital, the site of this amazing
surgery, was founded in Peking In 1906 by
British and American missionaries and in
1916 was funded by the Rockefeller Founda-
tion which provided funds for a new struc-
Jamiary U, 1973
CONGRESSIONAL RECORD — SENATE
341
ture several years later and supported Its
maintenance and operation until it became a
government Institution following the revolu-
tion in 1949.
MEDICAL CARE FREE
All medical care In China is free even to
foreigners. One of our group became ill and
a telephone call brought not only one doctor
but two, both women. After a short consulta-
tion they agreed he had contracted pneu-
monia and he was hustled to the hospital.
The total cost of five days' hospitalization:
Five cents for registration.
Physicians are among the highest salaried
people in China with those of top grade re-
ceiving the equivalent of $145 a month, com-
pared with the average wage for all working
people of between $25 and $30 a month.
They admit there Is a great shortage of doc-
tors In China because all colleges and uni-
versities were closed In 1966 when the Red
Guards staged the cultural revolution. Only
now are students being enrolled in medical
schools.
"BAREFOOT DOCTORS"
To cover the lack of physicians, teams of
trained medical personnel have been sent
throughout the country to train what they
call "barefoot doctors" — similar to para-
medics in the U.S. Many of these teams spend
as long as a year in the rural areas upgrading
health and hygiene standards In addition to
their teaching.
For all their skill at acupuncture, however,
the Chinese are frank to admit they lag far
behind Western countries In medical excel-
lence Currently they are sending delegations
to the United States to confer and study with
physicians here. One of the goals, we were
told, is to find a cure for the common cold.
Inside 'View Reveals Steps in Sustaining
Population
(By Arthur C. Deck)
The further one travels Into the interior
of China, the more it becomes apparent that
the country is on a treadmill of trying to win
the battle of feeding its Increasing millions,
of pushing its Industrial output to try to ease
the agrarian problem and of providing hous-
ing for those many millions It works day and
night to feed.
While the cities appear prosperous, except-
ing for the lack of adequate housing, there
are some areas such as In the high, moun-
tainous region west of Peking that border on
near poverty.
In Yenan, which is revered by the Chinese
because It was the end of the great march
that preceded the revolutionary takeover in
1949 and became the headquarters of Mao
until the new government was moved to
Peking, the 50,000 residents barely eke out an
existence and their living conditions often
appear to be pitiable.
Because of the high movmtalns. the sparse
top soil and the limited water, it is beyond
belief that the peasants can grow crops on
the many terraced mountainsides to provide
for their needs.
So scarce Is the water that It Is turned off
during the afternoon and not turned on
again until t^e next morning in the city's
only small hotel. The sides of the mountains
surrounding the small valley are dotted with
caves dug Into the rock with the fronts
filled In with concrete and windows covered
with paper Instead of glass.
Visiting some of the cave dwellings, we
found as many as 12 persons living In three
small caves, using one as a bedroom, another
as a living room and another as a kitchen.
The floors are bare earth, but swept clean.
Water must be carried from the Yen River
which bisects the valley, with the caves on
one side and a small, modem city on the
other.
Feelings of compassion and sympathy for
the Yenans overwhelmed us as we drove to
the small airport. Its runway made of stone
paving blocks, and took off for Slan, an hour's
flight to the south and a thriving Industrial
city of 2.500,000. But here again, water is
such a precious commodity that hot water is
available only in two-hour intervals. In the
morning, at midday and at night.
In the suburbs of Slan we visited one of
the area's showpieces — a large textile mill of
which there are many In this city surrounded
by many cotton producing communes.
REALLY entire VILLAGE
The site of the mill, which has 6,400 work-
ers, is really a self-sufflclent village, •with its
own housing, hospital, doctors, nurses,
schools and a htige pre-school kindergarten
where workers' children are cared for while
their mothers and fathers toil in the mill.
Those of us who toured the Soviet Union
a few years ago were overwhelmed at the
superiority of the Chinese cptton mill over
similar factories we saw in Russia.
A visit to the housing project gave a fasci-
nating view of the nation's housing prob-
lem. The housewife whose apartment we en-
tered was obliging and gracious. She showed
us the two concrete-floored rooms, each about
10 feet by 12 feet. In which seven persons
live, and the adjoining kitchen, about 5 feet
by 5 feet, with a primitive stove and only
cold water. Nearby Is a toilet shared with
three other apartments. Although It Is a flush
type, one must also stand up to use the fa-
cility. We were told bathing is done In a
community bathhouse. The walls of the living
quarters are white-washed over brick and are
covered with colorful propagandist posters.
On the way out I Inquired of our woman
interpreter how this apartment compares
with the one she has In Peking and was
astounded when she replied that this was
far superior.
little CONSTRUCTION
This visit again brought on a comparison
with Russia where forests of cranes are to be
seen everywhere constructing housing, where-
as in China there appeared to be little if any
residential or apartment construction.
In Sian as in every other populous area we
were told of the constant efforts being made
to reduce population. The aim is to get young
people to refrain from marriage until they
are 25 years old and to limit families to two
children. Birth control is propagandized In
the newspapers and in rural areas through
the "barefoot doctors," but there is a fatal-
istic admission that while these efforts at
population control are beginning to have an
effect in metropolitan areas, there Is little or
no result in th« country, partly because of
improved health and hygiene standards.
visited OTHER COMMUNE
Officials, everywhere, frankly admit that
population Is the gravest problem, having
grown from 600 million in about 1949 to
more than 800 million currently. They have
no exact figures since no census has been
taken since the 1950s. Their estimate, how-
ever, is based on the number of ration cards
distributed, although this Is Inexact because
of their sparse use In rural areas. On top of
this the current estimate Is that population
continues to grow at nearly 20 million a year.
On a two-hour drive to the outskirts of
Slan we were taken to another commune
where 103 families lived with a working
force of only about 200 out of 2,000 popula-
tion. There we saw lush fields planted in
cotton, grains and truck garden produce.
Again the fields were full of tolling men,
women and young people, with a few draft
animals assisting. The chairman of the
revolutionary committee (the boss of the
farm) pointed with pride at wheat starting
to germinate between the rows of cotton that
were being harvested by hand, a possibility
because no mechanized equipment Is used.
And here we also learned how the proflt
motive Is being Injected Into the pure com-
munity philosophy that the state owns
everything.
The chairman. Inviting three of us to a
delicious luncheon prepared by his wife and
daughter, regaled us with stories of his own
good fortune, brought about, he says, by
Chairman Mek) and his teachings. Having
been an Illiterate laborer before the 1949 rev-
olution, he proudly related that he had gone
to school, learned to read and write and "do
figures," whereupon he pointed to an abacus
hanging on the wall.
ONE OF BEST
His house — three small adobe rooms and
a kitchen, two with stone floors and the
others dirt — he told us. Is one of the best In
the commune, and between courses he
showed us his bicycle, a sewing machine and
a small transistor radio. "All because of
Chairman Mao," he said.
Par different from Russia, we learned, each
commune family may have a private plot of
ground upon which It may produce and sell
whatever he likes.
The commune Itself also may proflt by
exceeding established production figures and
receives In cash and grain returns from its
extra effort. The money is placed in a
reserve account for purchase of farm equip-
ment and the grain is stored against an ad-
verse harvest. The chairman's house had
several large jars filled with grain standing
inside.
Then there are work points allotted those
workers who individually exceed their dally
work loads, and these can be converted Into
cash or grain — an Incentive program that
seems to be working In raising production.
Chinese Women Labor UKder Sexless
Society
(By Arthur C. Deck)
Trlbime Executive Editor
What are women's roles in the People's
Republic of China?
The most militant of American women llb-
eratlonlsts would find it hard to achieve
what is an accomplished fact In China —
theirs is a sexless society from beginning to
end.
The same Mao garb of cotton trousers and
Jacket in either gray or blue Is worn by both
men and women. Often It Is Impossible to
distinguish the sex of an Individual except-
ing for the hairstyles. Young girls almost uni-
versally wear their hair in two long braids.
Older women wear their hair In what is tradi-
tionally known here as a "Dutch cut."
skirts are rarely seen
Rarely Is a skirt seen, only here and there
In the country where an elderly woman wears
a shapeless ground-sweeping black costume.
And the practice of binding women's feet Is
as obsolete as the male pigtail. Once In a
while, a grandmotherly woman, perhaps In
her 80s, Is seen stumbling along a country
road with her feet bound In the traditional
manner of a century ago.
Women's work Is the same as man's work
in China. They drive trucks, they operate
heavy machinery In truck and automobile
factories. They run cranes and do heavy,
manual work In the shipyards.
And In most hotels girls of slight build and
weighing no more than 100 pounds stagger
under loads of heavy luggage. Any effort to
be gentlemanly and assist them Is frowned
upon and In some cases resisted physically.
farm work shared equally
Along the streets of any city or on any
country road women labor alongside men at
pulling the heavily loaded two-wheeled carts
which soon become one of China's trade-
marks In the eyes of a visitor. Farm work Is
shared equally by both sexes.
But manual labor ts not the only place
In which the sex line has been erased. In two
sophisticated factories we visited, an arts
and crafts plant in Peking and an electronics
parts plant In Shanghai, the chairman of the
revolutionary committee (the top manage-
ment person) was a woman. We were told
there are hundreds of other factories
242
I
CONGRESSIONAL RECORD — SENATE
January 4, 1973
t iroughc'ut China where wom«n hold top
nianagen.ent p>ositlons.
TWO INTTRPRETERS WOMEN
Two of the 13 Interpreters who accom-
panied Us throughout our 4,000-mUe Jour-
ney, were women. One. Chi Chlng, Is a top
e lltor of China Reconstructs, a major Eng-
II 5h language magazine, and the other Hsu
"Sing, holds an important post In the Eng-
11 ih booB section of the Foreign Languages
press.
They have no difficulty in name deslgna-
t ons. iBiitead of resorting to the Ms. as we
have In ;he United States, they merely use
g ven anid last names and discourage the
i: se of Miss or Mrs.
T\'plcal of the women who have achieved
distinction In China's scheme of things Is
L I Hslu Ylng who at 40 Is manager of an
e ectronlcs parts factory in Shanghai.
> STILI, n,LITERATE IN 1949
One of five girls born to wretchedly poor
purents :n Shanghai, she was one of three
who survived starvation. At 12 she became a
t( ixtile nllll worker and when the city was
tiken over by the Communists In 1949 she
was Illiterate.
By going to parttime school she learned to
r lad and write and took part In political ac-
t vity. Later she went to work in a glass fac-
t(»ry and, because of her diligent work, was
e ected to the Revolutionary Committee.
Before long the plant was converted into
a a electrbnlc parts factory and Li Hslu-Ylng
■was elected head "man." She is a proud,
y )ung looking woman, the mother of two
diughters. 16 and 13. and her brown eyes
s larkle as she relates that 46 percent of the
8 '0 on her work force are women.
Besides presiding over the factory LI Hslu-
■Slng also Is In charge of the workers' vil-
li ge white houses most of the employes and
^(hlch hiis Its own motion picture theater,
c Inlc, mirket and library. Workers here are
pild as little as the equivalent of $18 a
n onth tc as much as $45 a month for the
highest skills, but the factory manager re-
o lives only $37.
SETS irp PARTTIME SCHOOL
The work week consists of six eight-hour
d lys — a uniform work schedule throughout
C Ulna— -and the factory operates three dally
8l lifts, rtere are no vacations and holidays
ae glvet, only on May 1, Oct. 1 (National
Lay), Ja.i, 1 and the spring festival (the old
C tilnese iJew Tear. )
The factory manager, apparently remem-
b (ring h^r own illiterate past, has established
a parttime school for older workers — those
wbo stUI cannot read and write.
The only area of sex discrimination that
b (came evident was in the age for retlre-
n en: — men 60 and women 50.
"Women are weaker and more fragile." she
sj Id in explanation of why the government
hid established the 10-year differential.
Woman's role in the building of China Is
c( instantly dramatized — a complete reversal
fiom the ancient concept that women were
w :)rthless excepting for childbearlng and
w ?re often sold into slavery and frequently
k lied at birth.
Although extolled in song, theater and
b ille: for their part In the revolution that
b ought communism in 1949. one of the
rr ajor ei terprlses in which they are credited
with ha.'lng performed heroically is In the
b aiding of the mammoth reclamation proj-
e( t called the Red Flag Canal.
Locat«h near Llnhsien in northwestern
C-ilna, sbuth of Peking, this great Irrigation
sjstem fans out in life-giving canals over
a dlstarjce of nearly 2,000 miles and has
ti ansforftied what once was an arid, near
d (sert rtglon, into lush, productive farm-
l8nd.
^ORE THAN 20.000 WORKERS
More than 20.000 people worked on the
p oject over a ten-year period doing all of
the construction with manual labor and
without the aid of machinery of any kind.
A documentary movie we were shown details
how women performed such tasks as hand-
drilling and blaljiag with explosives and
tools they made themselves.
Most teachers in primary and middle
schools (the equivalent of Junior high and
high school) are women and In the universi-
ties a large percentage of women make up
the faculty often holding administrative
■ posts in the governing revolutionary com-
mittee.
But for all their prominence In the spec-
trum of Chinese life we saw no evidence of
a woman holding a high position In national
goverrunental affairs.
The one exception, possibly, is Madame
Mao and her role has never been made quite
clear.
DECOEors Shanghai Sheds "Sin City" Label
(By Arthur C. Deck)
Shanghai, which used to be called the "sin
capital of the world," now has only 1.000
policemen to keep order, direct traffic and
protect Its more than 10.000,000 Inhabitants.
The Chinese say that prostitution has been
abolished. Drug traffic and addiction have
been wiped out. Crime is of little or no signin-
cance and Chinese are free to walk any-
where In the city, a situation that was un-
heard of before the revolution In 1949.
Today no one lacks for food or shelter,
although the latter may still be of the most
rudimentary kind.
The story of Shanghai's transformation was
detailed to us by Its deputy mayor, 39-year-
old Hsu Chlng-hslen during an interview in
a large conference room at the top of what Is
now called the Peace Hotel, but which is one
that was built In the International settle-
ment years before the 1949 revolution.
Shanghai's appearance Is much different
from other cities In China. The streets are
narrow and many are winding as Is the case
In many European cities, and the structures
in what formerly were the British and French
sectors are typical of the architecture of those
countries.
Smog was hanging over Shanghai on the
day of our Interview with the deputy mayor
and he readily told us of his concern for
t>oth air and water pollution.
He explained that there are 9,000 factories
In Shanghai and suburbs, most of which are
obsolete, having been built before the re-
volution. With more than 4,000 smokestacks
pouring smoke into the atmosphere, he said,
a vigorous program was adopted to remedy
this with 50 percent of them already equip-
ped with antipollution devices. The same Is
true of pollution in the harbor waters, he
explained, and already much of this is being
corrected.
Shanghai Is sinking Into the harbor, he
said, and blamed the condition on what he
referred to as the "imperialist capitalists" of
prerevolutlonary days when overuse of water
caused the city to settle by a depth of one
meter (approximately a yard).
PUMP water back
Hsu related that this, too, is being cor-
rected, by having each Industry pump more
water back into the ground than it uses.
Pumping is done during the winter months
when water usage Is light, and he proudly
announced the results — the city is now being
restored to its original elevation at the rate
of about one centimeter a year.
Lack of housing and over-population are
major problems in Shanghai, as all over
China, but Hsu said the continuing program
of birth control has dropped the annual
birth rate from 29 per 1,000 In 1949 to 12.5
per 1 ,000 In the city and environs and only 7
per 1,000 In the urban area.
Returning to his discussion of crime, he
said there were only 63 cases of serious
crime — theft, embezzlement, graft and bur-
glary— during August, the month of highest
Incidence because of the warm weather
when doors and windows are left open. One
case of rape -murder was recorded In the past
year with the offender executed before a fir-
ing squad.
street committees
He gave us this explanation of the low
crime rate: street committees or neighbor-
hood committees are set up throughout the
city, made up mostly of housewives, who act
as guardians of public safety.
"That woman you saw standing on the
corner with an umbrella this morning may
not have been waiting to cross the street,"
he said. "She was probably stationed there
to see that nothing happened to any of our
American friends."
We asked how long it would take to find
one of us If we happened to stroll away and
get lost.
"About 15 minutes," he replied, explaming
that one of these housewives would see us,
telephone the hotel and a car would be sent
to pick us up.
Near the end of our Journey at the resort
city of Wuhsi. a 75-mlle train ride from
Shanghai, we were shown a Chinese counter-
part of the American industrial conglomer-
ate.
SEVERAL enterprises
There the commune, in addition to the
usual agricultural activity, had several other
enterprises under way — a silk worm facility,
a fish "factory." oyster ponds where pearls
are grown, a pharmaceutical plant, a shoe
factory and sewing room where women and
gU'ls were busy at foot treadle machines mak-
ing embroidery.
In a whitewashed building, workers were
dumping mulberry leaves to feed masses of
silk worms in six-foot-wide basket trays,
stacked high In the room. Nearby were sever-
al fresh water ponds, each the size of a bas-
ketball court, where many varieties of fish
are grown and seined up In large nets for
marketing. For fish food, cabbages are thrown
on the banks of the ponds.
In another pond, large, six-inch diameter
oysters were suspended from strings for the
production of cultured pearls.
A worker opened one and out popped about
20 pearls,-most of minuscule size. We were
told these are crushed and sent to the phar-
maceutical plant for use In making a sedative
drug.
In the drug plant, scores of workers were
busy over large vats brewing a variety of
concoctions from many types of herbs. Some
wound up as potions in bottles, while others
emerged as pills, then packaged and boxed
for market.
A score of people were busy In another
building making shoes, and farther along was
the embroidery factory.
All this Is done, in addition to farm work,
and exemplifies the Chinese drive to "walk
on two legs" — an expression heard every-
where.
IN GUEST HOtrSE
The last stop In the 23-day, 4,000-mlle ad-
venture was back at Canton where we were
housed In the magnificent International
Guest House, normally used for visiting
dignitaries. After a final banquet at which
we feasted on such delicacies as chicken
slices floating in snake soup and fried spar-
rows, we toured the 10-story Canton fair
building which was loaded with displays of
everything China manufactures for export
from bulldozers to canned food.
EXCHANGE FAREWELLS
Next morning at the Canton railroad sta-
tion, we awaited the train to return us to
Hong Kong. Other travelers on the platform
gaped In wonder as 22 Americans and 3
Chinese exchanged farewells — there was not
a dry eye in the group.
Some random notes after 23 days In the
People's Republic of China:
— Honesty of the Chinese people Is beyond
belief. Hotel doors are never locked. Pass-
ports, money and valuables are left without
January 4, 1973
CONGRESSIONAL RECORD — SEN ATE
343
fear of theft. Coins left on a dresser top are
carefully lifted and replaced after dusting.
— Postage stamps have no adhesive. Glue
must be smeared on the stamp from glue pots
found in many hotel rooms, but always avail-
able at the hotel desk or at the post office.
HAIRCUT FOR 1 6 CENTS
Haircuts for 16 cents in American money?
You get them for that In China. A booking
office sells a ticket for 70 Chinese cents which
calls for a hair cut, shampoo and tonic. Pass
up the shampoo and 30 cents Is returned.
If tonic is waived, it shows up In your hotel
room — a full pint bottle of It.
Card players abound everywhere. Parks are
filled with foursomes busily shuffling and
dealing. The game? American bridge and
with Goren's point system, too.
Few dogs are seen. They are not allowed
In the cities and in the countryside there is
no time and little food for pets.
Graffiti on the Great Wall? It's there in
great abundance — Chinese characters mingle
with English lettering carved Into the ancient
stone.
TIPPING AN INSULT
Tipping Is taboo. Chinese consider tipping
an insult and even a small gift such as a
ball-point pen, intended as a gratuity. Is
courteously declined.
The Chmese pride themselves on the ex-
cellence of their telephone system. A tele-
phone call to the United States is put through
in less than five minutes. A similar call from
Russia to the U.S. would take months.
Ping pong may be the national sport —
stone tables with bricks for the net are com-
monplace— but basketball standards are as
much in evidence as they are In the U.S.
Soccer also is a popular sport and "tourna-
ments" are scheduled all the time.
DISCARDS RETURNED
It's Impossible to throw anything away.
A hat, blown Into a mud puddle and dis-
carded In a hotel room waste basket, showed
up several days later In another city to be
returned to the owner.
Young women are changing the drab scene
of the national garb, the Mao Jacket and
trousers. Teen-agers are beginning to appear
with bright colored Jackets above their gray
or blue pants.
You can't get It wholesale In China. Prices
are fixed by the state and every Item In the
Friendship Stores and department stores Is
clearly marked and that's the price paid.
Attempts to "bargain" on the price of an
article are futile.
At the suggestion of a Chinese interpreter,
a "Mary Bloody" party was scheduled in
Shanghai where It was said vodka and to-
mato Juice would be available. The friend-
ship Store had both on sale, and the tomato
Juice bore the familiar American Borden
label.
Mr, President, I am pleased by the re-
cent CAB and ATA initiatives. They ac-
complish by administrative action ■i^'hat
the Schweiker bill would have done legis-
latively. I await similar action by the
Interstate Commerce Commission, which
has proposed separate seating for smok-
ers and nonsmokers on interstate buses.
However, I will continue to press for
smoking section segregation as a matter
of law, not just regulation, if regulatory
action does not adequately protect non-
smokers from adverse health conse-
quences due to cigarette smoke on public
transportation.
Mr. President, I ask unanimous con-
sent that the November 29 'Washington
Star-News article describing the Air
Transport Association action be printed
in the Record.
There being no objection, the article
was ordered to be printed in the Record,
as follows:
Battle Over Smoking On Planes Is a Draw
The battle between airline passengers who
smoke and those who don't ended today with
the airline Industry agreeing to provide sep-
arate seating for each side.
The Air Transport Association, a trade or-
ganization representing the scheduled air-
lines, said that the airlines — both the major
airlines and the local service airlines — will
provide smoking sections.
All of the major airlines already had in-
stituted some type of smoking section, but
most of the local airlines still have allowed
smoking anywhere in the passenger com-
partment.
The AT.^ announcement followed a Civil
Aeronautics Board proposal Issued in Sep-
tember which If enacted, would have forced
the airlines to segregate smokers and non-
smokers. Under that proposal, the alrltaes
would have been required to relegate smok-
ers to the rear of the airline.
The ATA said, however, that Its proposal
win allow the Individual airlines to decide
for themselves how to separate the smokers
from the nonsmokers.
The industry-wide agreement may ease a
controversy sparked by consumer advocate
Ralph Nader who filed a petition In 1970
with the Federal Aviation Administration
and the Civil Aeronautics Board, claiming
smoking is a fire and health hazard and
should be banned.
SMOKING SECTIONS
Mr. SCHWEIKER. Mr. President, last
February I Introduced S. 3249, to re-
quire separate passenger smoking sec-
tions for all interstate public transpor-
tation. I was prompted to submit this
legislation because of the 1972 Surgeon
General's report that the health of non-
smokers is adversely affected by smoke
generated by cigarette smokers. The re-
port concluded that cigarette smoke
causes not only inconvenience, but Is a
direct threat to the health of those who
are forced to breathe It.
In September 1972, the Civil Aeronau-
tics Board proposed limiting smoking on
airplanes to specially designated areas in
the rear of each compartment. Then, in
November, the Air Transport Associa-
tion, which represents all scheduled air-
lines, agreed to pro^'ide separate seating
for smokers and nonsmokers.
"ISRAEL TODAY'— A MOST
PERCEPTIVE REPORT
Mr. RIBICOFF. Mr. President, having
recently returned from a visit to Israel
myself, I can appreciate the journalistic
achievement of Charles A. Betts, execu-
tive editor of the Hartford Times in his
series, "Israel Today."
Basing his observations on his 2-week
tour to all comers of Israel and his nu-
merous conversations with Israelis in all
walks of life, Mr. Betts has captured the
spirit of its citizens and the complexity
of its problems. He has also grasped the
meaning of Israel and its determination
to seek a fair and genuine peace.
I commend these fine articles to all of
my colleagues who share an interest in
developments in the Middle East and
who are seeking new insights into the
current situation there.
I ask unanimous consent that the six-
part series. "Israel Today" by Charles A.
Betts, be printed in the Record.
There being no objection, the six-part
series was ordered to be printed In the
Record, as follows:
Send Us 6 Million More Jews To Live in
"Freedom" — I
(By Charles A. Betts)
So long as still within o\ir breasts
The Jewish heart beats true.
So long as still towards, the East,
To Zion looks the Jew.
So long our hop>es are not yet lost
Two thousands years we cherished them —
To live In freedom In the Land
Of Zion and Jerusalem.
So rings Qut the Israeli national anthem.
And to the^Israell people and government
these are more than emotional words. Their
meaning Is an expression of a high-priority
national goal — send us six million more Jews.
For them this goal Is not only national
policy. It Is also a matter of survival to help
build a strong, viable state.
Stated simply, the law on Immigration of
Jews mto Israel says, "Every Jew, wherever
he Is. Is entitled to go back."
And that's It.
There are some qualifiers to be sure, like
one that kept the American Jewish mobster.
Meyer Lansky, from being accepted.
But on the wfiole. the law means what it
says and has no restrictions on Jews as to
health age, wealth. Intellect or employment
capability.
Non-Jews. Xpo, are permitted as immigrants
but with a different set of ground rules that
do set up qualifications.
As to survival. Yehuda Domlnltz of the
Jewish Agency Immigration and Absorption
Department, summed it up this way:
"You will hear it from everybody, that
immigration to the state of Israel Is part of
its life, part of its security, part of its vision.
Immigration has always been a responsibility,
not only of the Independent Jewish state,
but of the entire Jewish people."
This year, Israel expects to take in about
60,000 of the six million It asks.
And the emphasis now Is to take In rapid-
ly as many Russian Jews as the Soviet Union
will let out. There are various guesses but the
best mformed estimate seems to be about
30,000 Russian Jews will be allowed to emi-
grate to Israel by the end of the year.
Of course, nobody really knows for sure be-
cause Russian policy in this respect can and
may change at any time.
Of the 60.000 expected, about 60 per cent
will cqine from Europe. About 8,000 Ameri-
can immigrants are anticipated.
But while I was there a short while ago,
the Russians were arriving by the planeload
about twice a week at Tel Aviv's Lod Airport,
arriving to emotional greetings from loved
ones
Heretofore It had been pretty clear that
Russian policy required the Soviet Jew to
ransom himself out of the country, often at
exhorbitant fees. And while the government
of Israel makes tremendous concessions to
help Russian Immigrants once they arrive
in Israel, official Israel policy will have no
part of any blackmail deal laid on by the
Soviet Union to let Jews out.
Lately, however, scores of families have
been exempted from payment by the Soviet
Union, for no apparent reason.
This development does coincide with the
signing of a trade agreement between the
United States and the Soviet Union designed
to boost commerce between the new nations
to $1.5 billion annually by 1975.
Some qualified observers in and out of Is-
rael believe the U.S. has been quietly pressur-
ing Moscow to drop the ransom procedure.
They also say the trade pact was the clincher.
One Soviet official was quoted as saying the
financial situation of the emigrants from
here on be treated on an individual basis.
Most of the money for running the relo-
cation program htis come primarily from the
United Jewish Appeal in the U.S.
With immigrants flooding in and more
sought as a national policy, how does Israel
314
hi.ndle "he Influx and Integrate them into
tlona- life.
Baslc/aiy, there are three main types of re-
centers: the absorption center for
acfademolally trained persons, hostels for im-
wliose trades give them a reasonable
to get Jobs quickly, and the klbbutz-
: panlm, which concentrate on young people
lo have no defined professional goals and
whoCn it Is deemed advisable to provide
fjrther knowledge of the realities of Israel so
ca: I better determine their own future
ns.
For the statistically Inclined, the 39 ab-
crptlori centers provide 7.000 places. 34 hos-
3 provide 5.000 places and the Kibbutz-
panlm, 2.000.
But sj>u can be sure that should all these
3 bd filled. Israel will find some place to
t thoee who have sought out the home-
Moshe Dayan. hero of the Six-Day war and
n;i
ceptloa
a( ademo
migrants '
cqance
u
w
ft*-
ti ev
p:a
tel
S5^0t3
p
lat
CONGRESSIONAL RECORD — SENATE
January 4,
1973
nlste' of Defense, is quoted as saying that
necessary, the immigrants will go Into the
Army's barracks and "we will sleep in the
Then he said. If more come, "we will
e th€^ the tents and we will sleep in the
Ids." i
One of the main ptfrposes of the stay in any
the reception centers is, of course, to teach
e immigrant Hebrew. As Harry Rosen of
e Jewish agency in Jerusalem puts it, "We
imi/^igrants from 100 different countries
I^eakin.i 70 languages, none of which is
brew''
In addition, the Immigrant learns how to
shop, get around and generally how
cope with life in Israel.
I visited the beautiful new absorption cen-
at Afhdod, a facility for about 220 persons
o<Je designed primarily to retrain
fessj inals.
The enter overlooks the Mediterranean
coyld double as a resort hotel if the
ver want to convert it.
Cour*s there concentrate heavily on
in| Hebrew professional and scientific
iguage and terms so scientists, techni-
cians aid writers can function effectively In
ir professions.
Strangely enough, the Russian Immigrants
giving the Israelis the worst headache In
imllation.
Officials explain that most Russians, even
the professional level, have great difficulty
adjusting to a society where there is free-
of choice. V
Domlnltz, the immigration official, had this
illustration:
Wo had a problem with a Jewish photog-
who came from the Soviet Union and
was already in his fifties. It's not very
for a photographer in his fifties to start
wf>rklng in a new country. So the Jewish
. with the help of funds, and the Mln-
of Absorption took care of this guy and
prepared a studio for this man In Haifa.
"He was given loans so he could buy his
ulpment and so on. He was given a loan to
hikve a store.
"He went into the store, he got his equip-
nt and then he came to the ministry —
n^w gentlemen, where do I have my clients?"
"in the Soviet Union, this man was used
a certain quota of clients. The whole way
doing something for himself, of getting
iHtegrated by himself, was very strange to
him."
Dominltz also said that if you offer a
FiJLisslan immigrant a goverrmient Job at 1000
pounds a month or one In private indu'-.try
a: 4,000 pounds a month, he would prefer
tie government Job.
An Israeli pound is worth about 25 cents
Atnerlcan.
To strike a balanced note here, it should
b > noted that all is not sweetness and light
li Israel about its immigration policies. The
ff vored treatment policy as to immigrant
Ic ans, grants, training and housing cause
d: ssenslon. Native born Israelis and those
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who have been there for 10 or 20 years by
no means receive such largesse.
The irritation appears to be particularly
acute among soldiers back from the Army.
As Domlnitz puts it, "They want to get
married, and this shortage of housing in
Israel — of course there is friction.
"The soldier comes home and says, 'now
dad, or mummy, here the newcomer can get
a Jewish Agency loan, on a very low interest
and here Is the Israeli who comes back from
the Qolan Heights or from the Sinai after
having three years in the army, I want to
get married, here I have my sweetheart, but
I can't afford to get married because I can't
get a roof.' "
About nine per cent of the nation's Im-
migrants decide that Israel Is not for them
and move on to a third country. Officials
said immigrants from free countries, such as
the United States and Canada arc more likely
to move on than are those from the Soviet
Union or Eastern Europe.
Officialdom sees the answer to the problem
In more funds for housing and other social
services.
Immigration officials such as Domlnltz also
are pressing for action to do something to
bridge the gap between what was done for
the earlier Immigrant and the present stand-
ard.
"Unless we do something for those who
came into the State of Israel 10 or 15 years
earlier," he said, "unless we do something
for the education of these children, for hous-
ing of these families, for vocational training,
and for sU kinds of health services and wel-
fare services — unless we do this, we will not
be able to take in more Jews.
"And some friction will come up. I don't
know what things it could leave."
Obviously the solution to this problem
looms as one of the biggest and most im-
portant. Failure to solve It, failure of Israel
to be able to take In more Jews, would, to
the state and to world Jewry, be a denial not
only of one of the key laws of the land but a
denial of the heritage of centuries.
Israel Army Deceptively Low Key — n
(By Charles A. Betts)
Israel low keys its armed forces.
Not that there is any effort to hide the-
military. Indeed, as a press visitor, I In-
spected a Suez Canal outpost, was briefed at
Golan Heights military headquarters, toured
an armored training command, and heard a
frank, overall report on Israel's military and
defense posture from the Army,
Moreover, the ever-present whine of Israeli
Air Force Jets overhead was a most effective
briefing in Itself. Israelis I talked to dont
seek out the opportunity to brag about their
Air Force. But get them talking about it and
you sense the spirit of quiet admiration.
Forp instance, Benjamin Ablleah, Israeli
consul stationed in Los Angeles and with
me on the trip, said, referring to the airmen,
"We may not say too much about them, but
those guys are really great."
And Judging from the results of the Slx-
■Day War, the war of attrition by Egypt In
1969. the pin-point Jet raids on guerrilla
terrorist bases inside Lebanon and Syria,
most of Israel's Arab neighbors would agree
that those guys are Indeed "really great."
I guess you could say that low key here
means that the Israeli armed forces don't
strut. They Just win — or at least have so far.
There Is no show of militarism either for
the visitor or for home consumption. In fact
there Is a casualness in the relationship of
soldier to both non-com and officer that
would make a western splt-and-pollsh brass
hat cringe.
For example, when we pulled up at the
gate of the armored training base near
Gedera a few miles from Tel Aviv, a soldier
and the military policeman rn duty were
having a friendly wrestling match.
And when the soldiers there for training
formed ranks to march anywhere. It looked
like a loose confederation of commuters
walking generally In the same direction.
But don't let the informality fool you. The
young men and women In Israel's armed
forces have proven they can be among the
toughest, most skillful troops In the world.
Inside the training base. Col. Qabl. the
base commander, explained the school
briefly it is a large compound where about
500 armor corps officers and non-coms are
trained in tactics and use of all the dif-
ferent armored vehicles the nation has as
well as those of the Soviet Union and Arab
states.
The school also boasts a large display of
Soviet and Egyptian tanks captured In the
War of Independence In 1948 and the Six
Day War in 1967.
Repair plays a big factor in tank training,
with equipment 20 to 30 years old stUl In
use for obvious budget reasons.
While the colonel was talking. I noticed
a large map detailing some main roads in
Egypt hanging behind his desk.
"What's the map for?" he was asked.
"The map is for my own personal Informa-
tion." he answered.
The colonel went on to make these points
about his country's military stance:
"Soviet withdrawal from Egypt was a big
help. If there Is a fight now. It Is with Egypt,
not Russia."
"Our country Is so small there is no room
for a war. We must go out of our borders to
fight.
"We need fast, strong, decisive and surprise
action.
"That's why here we Just make sure we
have better soldiers."
And also, maybe one reason they do have
better soldiers Is that the Israelis believe In
the philosophy of the sign at the gate of
the armor training command. It reads, "Free-
dom is assured only to those who have the
courage to defend it."
Col. Gabi still gets a laugh about some
of the first captured Russian tanks that,
from his description, must have been sheer
delight for the Arabs.
"Those tanks were not worth a dam in the
desert. We found out that the heater auto-
matloally goes on with the engine." he said,
— -"l£ey were also equipped with saws to
clear trees — saws in the desert!"
Incidentally, our guide around the base
and one of the top armored base Instructors
was a young man named Sgt. Baruch. He
hails from Chicago, HI.
The training places emphasis on having
the trainees get a full understanding of the
cost of the equipment. There is a price tag
on every major item.
In addition, there Is a big showcase full
of equipment broken during training with
a cost estimate of the damage.
In effect, this says to the trainee, some
careless chowderhead broke this rangeflnder
by not using it properly. His carelessness cost
the people of Israel "x" pounds.
Having done a stint as a pilot In the U.S.
Air Force during World War 11 and having
received training that was more disciplined
than the Israeli method, I was Intrigued by
the casualness I noted throughout the mili-
tary establishment.
"How do you keep discipline when you need
It with everybody so buddy-buddy?" I asked
an Army spokesman.
He said that despite the general air of
camaraderie, the Army can and does exert
harsh discipline when necessary.
"The key. though," he stressed, "is that
our officers lead.
"Follow me," he said, "Is the formula
whether it be training or battle. And you
have only to look at the heavy list of officer
and non-com casualties to realize that In this
army the officers lead their men."
While Israel may specialize In a relaxed.
Informal armed force, Its security system la
anything but.
January 4, 1973
CONGRESSIONAL RECORD — SEN ATE
345
That too. is low key but strict. For example,
you are forbidden to take a picture of a
combat officer. You are asked to refer to
soldiers by their last names only. No pic-
tures were permitted at the Golan Heights
headquarters.
At the Suez outposts, you could photograph
the Egyptian side to your heart's content,
but couldn't take a picture of the Israeli
barricades.
I remember wanting to take a picture of
the Israeli flag atop a barbed wire entangle-
ment on the banks of the canal. I asked and
a security officer came and stood alongside
and told me just how far I could point my
camera inland toward the Israeli bunkers.
And it wasnt very far.
The Arabs in Israel — Brothers Under Skin
OR Foes at War? — ni
(By Charles A. Betts)
Mr. Betts' reports from Israel continue on
Sundays and Wednesdays In The Hartford
Times.
How are the Arabs under Israeli control
making out and how do they like their lot In
life?
To try to generalize an answer to that
would be about as misleading and futile as
to generalize on how Americans feel about
busing, the Vietnam war, or the space pro-
gram.
Arab opinions vary widely and a lot de-
pends upon what groups of Arabs you're
talking to or about.
For example, the Arab in Nazareth, part of
the Israel originally created after the 1948
War of Independence, takes a far different
viewpoint from the Palestinian Arab of Jenin
In the West Bank, former Jordanian land
taken in the Six Days War of 1967.
And the Arab In Jenln will have a still dif-
ferent outlook from the Arab in Jerusalem,
even though Jerusalem, too, was taken over
wholly by Israel in 1967,
I think one generalization Is fair, however.
The Arab under Israeli control receives far
more basic benefits in areas such as health,
education and the opportunity to make a liv-
ing under an enlightened Israeli regime than
he ever did iinder Syrian or Jordanian rule.
A previous article In this series, for ex-
ample, highlighted the advances In health
and education for the Arab, as well as the
Israeli, in the occupied Golan Heights, form-
erly part of Sjrrla.
Now, take the Arab of Nazareth. The offi-
cial line there came from the Arab deputy
mayor, Nadln Ba«^-Hlsh, who It must be Re-
membered Is, although an Arab, an official
of an Israeli town.
In an Interview In his Nazareth office, Bat-
Hlsh said that the Arabs of Israel want to
co-exist with the Jews.
"Arab co-operation," he explained, has
been 100 per cent and this has been recog-
nized by the Israeli government, which has
cited the Arab population as loyal citizens.
"The degree of cooperation has been so
great that the Arabs outside of Israel con-
sider the Israeli Arabs to be traitors."
Bat-Hish went on to explain the wide
range of social services and benefits to Israel-
Arab citizens.
He was asked if there were in Nazareth
young militant men and women who strong-
ly disagree with this cooperative attitude?
Bat-Hlsh's answer: "In our midst we are
ready to clap hands for the victorious. We
are Just an audience."
Despite the obvious reluctance of the of-
ficial to give a direct answer to an admittedly
tough question for him, as nearly as I could
determine, domestic Arab terrorism Is on
the wane. Instead the terrorist groups operate
outside Israel with Munich-type or mail bomb
operations, in addition to the guerrilla camps
across the borders that get raked periodically
by the Israeli Air Force.
The Palestinian Arab, however, takes a
completely different approach, one that
ranges from cool aloofness to outright hostil-
ity towards Israel.
In a trip to the West Bank village of Jenin.
our press group met with Abu Nasser, mayor
in the town.
He opened im) viith pleasantries and polite
hopes for worli peace.
"We believe,/ he said, "in the good people
of the U.S. an^ hope that the people of the
U.S. will help ts live in peace and harmony.
"We, too, are descendants of Abraham. We
want peace with Arabs, and Israelis. We
should all love our fellow men. But every
race wants his own race."
About this point, His Honor lost his cool
and wanted to know why America should
favor the rights of Israelis and ignore the
rights of the Palestinians.
Somebody told him we were newsmen not
diplomats but he and a councilman who was
with him continued a rather Impassioned
oration about Palestinian rights.
"The landlord of the Palestinian should be
the Palestinian, himself," Abu Nasser went
on. "There will never be peace without main-
taining the rights of the Palestinians."
Technically, there is no such thing as a
Palestinian. Palestine ceased to exist when
Israel achieved statehood. It was occupied
by Jordan and Eg\'pt, and then taken over
by Israel in the Six Day War.
But that doesn't cut any ice with the
Arab who lives there. He Is a Palestinian in
his own mind and is figlitlng for his own
state.
Life for the Palestinian Arab is made even
more complicated by the fact that he hates
the Jordanians, his former masters and his
neighbor to the east, almost as much as he
does the Israelis.
Abu Nasser was asked, "are you aware that
the U.S. is also supplying arms to Jordan?"
He shot back. "To kill us with those arms!'
The mayor also was highly critical of the
Interference of both the United States and
the Soviet Union.
He also said that peace depended on
Israel's recognition of the rights of the
Palestinians. But he ducked answering a
question about whether he thought Israel
should be recognized by the Arabs as a na-
tion.
For its part, Israel firmly believes the Arabs
In former Palestine are far better off than
they were under^the Jordanians.
Brigadier General Shlomo Gazlt. Israel's
Coordinator of Government Operations in
Occupied Territories, put it this way:
"The Palestinians have all reasons to lead
a good normal life. It Is not In their power
to kick Israel out. It Is much better than
the life they led under Jordanian rule. The
West Bank municipality elections were the
first completely free elections ever held
there."
Even Abu Nasser, himself, admitted that
Jenin Is better off economically since the
Israeli occupation.
He said, "The economy has increased but
the cost of living is very expensive."
The town Itself seemed bustling, with trade
and construction.
The Arabs I met on the streets were not
overtly hostile. Nor were they as outwardly
friendly as those In Nazareth.
As our bus left, a couple children spat at It.
But others waved in a friendly way.
Despite what Israel considers a benign
administration of the West Bank, the Arabs
smart under restrictions. For Instance, au-
thorities must approve permits for families
to visit from and to Jordan. The Israeli say
that permits are almost always routinely ap-
proved.
Nevertheless to at least one Arab, His Honor
the Mayor, "Any occupation is difficult — any
restriction — even to the bird in the golden
cage."
The plight, real or Imagined, of the Pales-
tinian Arab underlies much of the wave of
terrorism and bombings directed against
Israel.
The hope for an end to such tragedies
seems to lie in two areas. One. winning the
Palestinian Arab over to peaceful co-exist-
ence, if not absorption, and two, the recogni-
tion by neighboring Arab governments of
Israel's right to exist, accompanied by cessa-
tion of encouragement to the terrorists from
those governments.
Jerusalem is yet a third situation, and ap-
parently a most encouraging example of Jew
and Arab living in peace, along with a smat-
tering of Christians.
From officialdom to the man in the street,
the air is one of optimism about peace.
I guess no newsman ever goes anywhere
without interviewing those functions of in-
formation, cab drivers. I was no exception.
The consensus among these men In Jeru-
salem is: "The Arab and the Jew have been
brothers for thousands of years. We can be
and want to be brothers again."
Many Arabs in Jerusalem also blame both
the United States and the Soviet Union for
using the Middle East in world power politics
Instead of letting the area work out its own
problems.
To a lesser extent they also blame leaders
of Israel and the heads of the neighboring
Arab states alike for failure to work out a
lasting peace.
The more official and informed word on
peaceful living of Arabs and Jews came from
the ebullient, lough mayor of the city, Teddy
Kollek.
Kollek said that the key factor In improved
race relations in his city is that the Arabs'
earlier fear of being swallowed up Is disap-
pearing.
"Their fear (after the Six Day War) that
they would be swallowed up, that they would
not be allowed to continue to live as they
lived. Is gradually disappearing. They are
running their own schools and for the first
time an Arab theater exists In the town and
various things like that."
And then he hit another Important
note:
"Now In Jerusalem there is practically no
Arab terrorism. Nobody can guarantee you
that tomorrow an individual won't throw
a bomb In the market place or something of
that kind and people will be badly hurt. But
on the whole there is no feeling of terrorism.
There Is no fear in the city. You can walk
around."
Kollek also stressed that all groups In Jeru-
salem want peace because they need it to
survive economically. Moreover, he said, the
Jews want peace to show that they can run
the city peacefully. The Christians, he said,
have an extra special wish for peace.
'They are afraid if there will be a war
with the Jews or Arabs or terrorism, they (the
Christians) would get between two grind-
stones and they would be ground up."
So It Is that In Jerusalem today you see
no army around, except soldiers on leave.
You also see very few police except for traffic
cops. And many of them are young women.
It is a far cry Indeed from a few short years
ago, when there was sheer, absolute hatred
by the Arab of the Jews; only a few short
years since at a Jordanian Army camp near
the old city, the soldiers tore up a Jewish
cemetery and used the headstones to make
their latrines.
The Price of Progress — New Problems To
Solve — IV
(By Charles A. Betts)
What do you do if you're building a multi-
million dollar, luxury oceanfront stretching
for miles with some new hotels up and others
being built, and your city pumps sewage into
the sea in front of your posh hotels?
That's what is happening along the beach
at Tel Aviv. Moreover, the beachfront will be
extended considerably to the south. Demo-
lition is already under way along the water-
front of the old city of Jaffa to make way
for more oceanfront and more luxury hotels.
316
se :
a
CONGRESSIONAL RECORD — SENATE
January k, 1973
[srael plans to solve the sewage problem
b3 turning Tel Aviv sewage system around.
Instead of discharging waste water into the
oc san, the engineers will reverse the process
ai d channel it into the sand dunes on the
ot tier side of the city.
[n an Interview In his Tel Aviv office.
Yi ACOT Vardl, vice president and director,
re search and planning staff group of Tahal
C( nsistlng Engineers Ltd., said that Israel
wi ,s a ready deep la advanced planning to
re /ers Tel Aviv's sewage system.
Projuably none too soon either. Tel Aviv
Is mushrooming with about 500,00 people
ff. And the waste water discharge Is very
aplparcnt from the air where you can see
the discolored discharge pouring into the
bl ae Mediterranean.
[t is also very apparent on the beaches
th emselves where there are skull and cross-
be ne signs up and down the beach several
hi .ndred yards on each side of where pipes
di >charge the waste.
VarBl said that the new system will be
wiiat be termed a "triple refiltratlon system"
that Will eventually force the purified water
ui ,dergT0und.
He estimated that this treated sewage will
St ly about one year and gradually take its
pi ice back In the city's water supply.
The engineer estimated that by the 1980s.
2Q per cent of Israel's water supply will be
re ;onstltuted sewage.
[ asked also about oil slicks ruining their
be aches.
Vardl answered that slicks are indeed a
prablem and likely to remain one for some.
til ne He explained that elimination of oil
si! cks around the area "depended upon In-
te 'national cooperation among us and our
ne ighborlng Arab states."
He added, in probably the understatement
ofj the week. "And we do not see this as a
Ustlc possibility in the near future."
OU slicks, however, in Vardi's view, are
ondary to solving the pollution problem
:he resultant danger of epidemic.
Speaking of water supply, Vardl said that
Is -ael Is unequaled In making the best use
o4 its 'water resources.
.\nd well it must be. because all agree that
tlie nation can t afford to waste water.
In comparison, the average American uses
al out 150 gallons of water daily; the average
In Israel Is about 80 gallons per capita.
Water bills run the Israeli family about S5
mjnthly, or about 3 per cent of the Israeli's
lE come.
In addition to Its extensive work in setting
u] 1 facilities to reclaim sewage, Israel is tak-
li^ other steps to try to Improve Its water
rd
81 pply.
These Include improving technology, better
r management, cloud seeding, desallniza-
knd Intense search for and development
naw water supply sources In the Slnal
w tter
tl m
ol
Disert.
Anather major problem In Israel Is hous-
iBg. The nation Is In the midst of a vast
h( luslng boom.
But the size of the down payment required
tq buy housing Is a major source of concern.
According to Harry Rosen, of the Jewish
Agency In Jerusalem, the average Income for
ai, urban family Is from 1,000 to 1,100 Israeli
pc'Unds a month. An Israeli pound is worth
aliout 25 cents in U.S. currency.
.\ccordlng to Rosen, at one point apart-
?nt buyers — almost all apartments are sold,
n»t rented, and most new housing Is In
aj artment-type construction — had to get up
a 70 per cent down payment. He said this
hi i3 come down a little now.
An Israeli friend who had Just bought an
ap artment told me that he paid 35,000 p>ounds
f c r a three-room apartment. He said he had
tc put 20.000 pounds down when he signed
u ). Then he has to pav 5.000 pounds monthly
u itU he moves in, at which time the balance
Iflany. Is due.
In most cases, however, the big down pay-
rrient is frequently paid before ground Is even
broken on the building. It could be months
or years before construction Is completed.
Rosen said there Is considerable dissen-
sion on this bousing policy.
"Ask the contractor and he says, 'look I
need my dough. My money Is all tied up and
I can't get money from the bank. I need your
money.'
"Ask the buyer and he'll say, 'That no good
so-and-so had been holding onto my money
for two years and I haven't seen the first
floor go up yet'. "
(A previous article explained the status
for Immigrants who get special loans at spe-
cial rates — "a reason for resentment," ac-
cording to Rosen) .
To give you some Idea of the boom, In
1970, the latest year for which figures were
available, there were 4.360 apartment starts
in Jertisalem, 2,894 In Tel Aviv and 2,723 In
Haifa. I was assured that the rate has in-
creased considerably since then.
To provide some insight Into the scope of
the housing problem, as well as Into the
rush, rush of the Israelis and the mush-
rooming industrial growth, take Ashdod.
Ten years ago, there was no city where
Ashdod stands tod.iy, on the coast of the
Mediterranean about 20 miles south of Tel
Aviv.
Today Ashdod has a population of 50,000
and is emerging as a major Israeli industrial
center, with new power facilities, a new phos-
phate processing plant on the coast, new
harbor construction under way, as well as
a terminal facility for cross-country oil pipe-
line.
Speaking of industry. Its development, like
that of the nation as a whole, has been rapid.
Between 1950 and 1970. Its output was more
than quintupled, growing by more than 10
per cent a year and reaching about $3 bil-
lion In 1970. Unofficial estimates rate the
gross national product for the current year at
nearly $6 billion.
Among the major Industries are diamonds;
food, beverage and tobacco; textiles and
clothing: chemicals and petroleum refining;
electric and electronic equipment, and air-
craft.
But back to housing.
Many persons choose the kibbutz, the rural
communal unit as their way of life. The kib-
butz is described by Its members as a totally
democratic society, administered by commit-
tees. All adult members — those over 18 — vote.
There is no private property except wives,
husbands and personal belongings.
I visited Kibbutz Tlrat Zvl on my recent
press trip to Israel. This kibbutz has Its par-
ticular niche in history as having been the
first to be attacked by the Arabs In the 1948
War of Independence.
The Kibbutz Is about 30 miles south east
of Haifa along the Jordan River border of
Jordan.
In addition to Its agriculture, this kibbutz
Is a self-sufficient military unit with enough
arms so that It is expected to be able to stave
off any attack until the regular army shows
up.
There is a main highway running north
and south a few miles from the river. Fre-
quently, asphalt roads run off the main high-
way at right angles and go over to the river.
These, I was told, were built so Israeli
army units could move rapidly to the border
to protect farmers from attacks by Arab guer-
rillas across the borders.
Now, of course, the guerrillas operate not
from Jordan but from Syria and Lebanon to
the north.
In 1971, about 86.000 persons lived In the
Kibbutzim, about 3 per cent of the popu-
lation.
The guide at the Kibbutz was Yltzchak
Puchs who has been there for 12 years and
works in the salami factory, which provides
about 50 per cent of the kibbutz gross In-
come. Puchs 's a native of Brooklyn, N.T.,
and has a master of arts degree from Yeshlva
University.
At this kibbutz, children live in children's
ho\ises and spend three or four hours a day
with their parents.
There are about 500 members of the kib-
butz. This breaks down into no families,
150 children, the rest single adults. Accord-
ing to Puchs, about two-thirds of the kib-
butz children elect to remain there. But they
are under no obligation to do so, and are free
to not come tack after their education and
military service.
In addition to the salami factory, the kib-
butz has agriculture fish ponds for raising
carp, St. Peter's fish and mullet. It also raises
olives, melons, dates, carrots, sugar beets,
and a fairly new crop for Israel, cotton.
As Puchs put It, "Israel Is the only coun-
try In the world where the Negroes are in the
universities and the Jews are In the cotton
fields."
A "State of Knowledge" Created, the Key
Ingredient to StjRvrvAL — V
As Israel races ahead to meet her material
needs in such fields as defense. Immigration,
housing, pollution control, transit, so, too.
Is she racing Just as fast In meeting the need
In education.
This race goes in many different directions,
as this article will show. And success here
could provide the answers Israel must find
for the future.
Fortunately for Israel, she Is a state that
places great stock in knowledge.
About a year ago, in an address to the
annual Welzmann Dinner in New York City,
Dr. Glenn T. Seaborg, former chairman of
the U.S. Atomic Energy Commission, put It
this way:
"Israel Is a living example of a country
built and surviving on knowledge. It Is in a
sense a 'State of Knowledge' where learning,
scientific and cultural. Is held In the highest
esteem — but more than that, where It Is ap-
plied, dally, to the business of living and
growing. Knowledge Is Israel's greatest capi-
tal, a major asset for Its future development,
and an Important Item of export."
How apt that Is can be seen by visits to
the green campus and quiet halls of the
Welzmann Institute of Science at Rehoveth,
the sprawling Hebrew University of Jeru-
salem, and Technlon In Haifa, as well as.
Indeed, the other centers of higher educa-
tion thriving across Israel.
Speaking of the Welzmann Institute. I
bumped Into a touch of home. Going down
a corridor after meetings and luncheon with
faculty members, I passed a laboratory. On
the door a sign said, "The Martin Joseloff
Laboratory, West Hartford."
Since Its dedication In 1949, the Institute
has earned a high reputation for Its research,
carried out in 19 departments grouped into
five faculties — biology, biophysics and bio-
chemistry, chemistry, mathematics and
physics.
While primarily a research Institution,
Welzmann also offers graduate and post-
doctoral study programs. Students do not pay
tuition but, rather, receive stipends or
grants.
Institute spcrfcesman say that while funda-
mental research will continue to receive
major emphasis, there will also be Increasing
Involvement In research with a direct bear-
ing on problems of special Importance to
Israel.
The main center for applied research In
Israel Is Haifa's Technlon, where work Is
geared to specific problems of both the Israeli
economy and the defense establishment.
Projects undertaken by Technlon are spon-
sored by the government of Israel. Industry,
and foreign governments and foundations
which had a turnover of more than 24 mil-
lion Israeli pounds for such work.
Research also gets heavy emphasis at
Israel's first and largest university. The
Jerusalem, which has more than 3,000 proj-
ects In medicine, pure science, application of
January 4, 1973
CONGRESSIONAL RECORD — SEN ATE
347
science, education, humanities and social
sciences.
But in addition to its educational and re-
search endeavors. The Hebrew University Is
also pioneering in higher education for Arabs.
Just last October, the first Arab students
from East Jerusalem graduated from the
school. There will be an estimated 300 Arabs
among the approximately 17,000-member
student body for the coming academic year.
University spokesmen say that the number
of Arabs enrolled Is increasing about 10 per
cent annually.
During my recent visit to Israel on a press
mission, we Interviewed a panel of students
on life at the Hebrew University.
These points stood out:
Most of the meeting of Jew and Arab at
the school is in the classroom. So far, ming-
ling socially Is not too prevalent or success-
ful.
There are. however, the beginnings of some
social interchange after lectures and during
Informal discussions.
Girls and boys share the same dormitories,
but not the same rooms. There are no re-
strictions on visiting, so boys and girls visit
each others' rooms any time at wUl.
The University considers Itself a leader in
a preparatory program to help "Intellectually
able, but educationally deprived," youths to
enter without lowering the university's
standards.
There is little student unrest, as we know
It in this country, at the university. The
panel agreed that about 99 per cent of the
students back government policy on defense,
that the students identify with government.
"Certamly," the panel member said, "there
will be no student revolt as long as a poten-
tial war crisis exists. Once permanent peace
Is established, unrest could grow."
In fact. Dr. Yehezkel Cohen, dean of stu-
dents, said that "sometimes the students
seem to feel that they ought to find some-
thing to demonstrate about so they'll be like
students elsewhere In the world, particularly
the United States. But there is very little."
The university has S'/j times as many stu-
dents In the study of humanities as In sci-
ence.
Primary education In Israel Is free. Pees In
secondary schools range from 1.225 to 1,435
Israeli pounds a year, but there are many
subsidies and exemptions, particularly for
children of immigrants. An Israeli pound Is
worth about 25 cents.
Another completely different Israeli edu-
cational effort has been under way for a cou-
ple years In the village of Belt Shean, about
40 miles south east of Haifa.
Beit Shean Is a so-called development town
about 24 years old where Immigrants from
North Africa were settled.
The town of about 13,000 near the Jordan-
Ian border, took very heavy shelling and rock-
et attacks during the period Immediately fol-
lowing the Six-Day War.
The town also went sour and is described as
an "unsucce-ssful development town." Fam-
ily income Is low. Few people have profes-
sions. The major source of Income Is a tex-
tile factory. You might call It, In New Eng-
land terms, a run-down mill tow-n.
In addition, the municipal government be-
came corrupt and the national government
kicked It out.
Then about two years ago, a community
center was built with funds from the United
Jewish Appeal's Israel Education Fund.
Now the center Is the hub of activity de-
signed to try to turn the town around to
make it purposeful and progressive.
The director there told me that it gets the
kids, about 800 to 900 of them. Involved after
school In a variety of activities. The goal Is to
instill new cultural values, to try to open
doors to new horizons, new career opportuni-
ties.
Civic leaders there are also trying to nip
what they describe as a minor narcotics
problem — 18 boys were recently found to be
using hashish.
I asked how come the national government
could come in and Just throw out elected
local officials. I was assured that in Israel the
national government can Indeed easily do
this.
I was also Informed that when the federal
structure feels the people in Belt Shean are
ready to handle their own affairs, the town
will go back to local government.
Right now Belt Shean Is racing the clock
to rebuild the town both physically and so-
cially before they get a shock wave of new
Immigrants.
As the center director put It. "We've got to
get the town built and ready before we can
fiood It with Immigrants."
Israelis — Tough Businessmen in Touch
Diplomacy Business — VI
(By Charles A. Betts)
Israel bases Its foreign policy on many fac-
tors, but all of them are keyed into a funda-
mental realism.
As a result, the nation wastes no time In
self-indulgent, wishful thinking about ideal-
istic eventualities. Instead it deals with the
often harsh facts of life with hard-nosed
practicality.
The Israeli government, therefore, Is little
likely to be fooled by the niceties of diplo-
matic double talk. Nor will it budge on basic
principle although It stands ready to negoti-
ate at the bargaining table.
As to specifics, from talks with a cabinet
spokesman, diplomats and military leaders
on my recent visit to Israel these points
emerged
Both Israel and the Arabs understand that
any negotiations between them mtist go be-
yond any procedural Issues and become "a
matter of substance of the first magnitude."
So disclosed Michael EUtzur, director of the
North American Division of the Israeli For-
eign Ministry.
Speaking for the cabinet, Shimon Peres,
minister of Transportation and Communica-
tion, outlined the government's position that
the only territorial question as to land occu-
pied In the Six Day War that was not ne-
gotiable was the city of Jerusalem and
Sharm-el -Sheikh at the mouth of the Gulf
of Aqaba.
Israel has no Intention to agreeing to any
Internationalization of the Jerusalem city, as
discussed within the United Nations. Peres
did emphasize that no race or religion Is ex-
cluded from the shrines of the Holy City un-
der Israeli administration. When Jordan
shared control of the city before the war,
Jews did not have access to their holy places.
Speaking of Jordan, Peres outlined at some
length that until an overall peace settlement
Is reached with the Arab states, the Israeli
government has no wish to negotiate vinl-
laterally with King Hussein.
As far as Israel is concerned, and probably
Jordan, too, there is a "tacit settlement," as
Peres put It, "with the King."
Jordan has expelled the terrorist guerrillas
and this suits Israel fine.
Jordan Is watchful to avoid being gobbled
up by Syria. Israel, too, does not want Syria
to take over Jordan.
Jordan apparently wants to preserve peace
and promote commerce and agriculture. So
does Israel,
"So." Peres continued, "you have a situa-
tion where we are almost In complete agree-
ment In full peace In a certain state of
mtitual admiration. We are the greatest sup-
porters of King Hussein existing today on
earth. And it's okay. Nothing wrong.
"Instead of that, you want us to sit at a
table with the King and negotiate. The min-
ute we shall meet at a table, the King must
say, 'What about Jerusalem?' Then we shall
say 'no ' Instead of a practical settlement
you w;ll have a formal disagreement and be-
fore we shall know, we shall be fighting each
other. What for?"
As to the Golan Heights. Peres didn't see
this read estate as a pressing problem and In-
dicated part of that territory is negotiable
back to Syria.
"If the Syrians," he said, "will be ready to
negotiate we never swore that every kilometer
out of these 1,000 square kilometers Is a holy
place. It is not — It is business. If you want
to have peace, and you want to have strategic
arrangements, let's sit around the table and
agree."
Discussing the West Bank occupied ter-
ritory, Peres spoke out for a "federal solu-
tion that would let every community in the
area run its own affairs within a national
framework." He skirted whether any such
national framework would be part of Israel
or a separate state.
Israel will not relinquish Sharm-el-Shelkh
because of Its strategic Importance to protect
or menace two waterways, the Suez Canal
and the Straits of Tiran. Peres said Israel
three times has trusted agreements on
Sharm-el-Shelkh and three times has gotten
burned.
Israel is ready to return 60 or 70 per cent
of the Sinai desert back to Egypt.
Israel is ready to turn back the canal to
Egypt.
Israel will insist on a strip of land con-
necting Elath at the end of the Negev with
Sharm-el-Sheikh.
The Russian departure from Egypt sig-
nalled a whole new ball game, Militarily, Lt.
Col. Shmuel Zachl, spokesman for the Army,
said that Egypt Is stalemated at the canal
because It c&n't cross without air superiority
and "they don't have that now since the
Russians left."
The Egyptians still prepare occasionally
for crossings, Zachl disclosed, "that this past
year has been relatively quiet."
The Egyptian army of 100,000 is "much,
much better than It was In 1967, thanks to
the Russians," he said.
Israel estimates that there are between
6,000 to 9,000 terrorist guerrillas In Leba-
non and about 5,000 In Syria.
Israel spends about one-fourth of Its $6
billion gross national product on defense.
What about Israel-U.S. relations?
EUtzur, of the foreign ministry, put It this
way: "There are very few Israelis who would
be able to give you a very substantial an-
swer to a question of what are the outstand-
ing Issues between Israel and the United
States. This is going so far that it sometimes
worries me. It's too good to be true."
In summing up broad Israeli policy, EUt-
zur stressed again and again the necessity
for the Arab world to understand that Israel
will not "be squeezed like an orange" by any
outside power for a negotiated settlement
that jeopardizes Its rights to exist as a state
or threatens Its ability for self-defense.
Patience to achieve a lasting peace emerged
from all the briefings. But patience tem-
pered by a growing self-reliance in the fu-
ture of Israel, a continuing wUUngness to
bargain to make concessions, to find a way
to live In harmony with Arab neighbors.
But underneath, at the core of the Israeli
nation, is the steel determination that now
that Israel is at last a reality, It will con-
tinue to be through the countless cen-
turies of the future.
FORMER PRESIDENT HARRY S
TRUMAN
Mr. HANSEN. Mr. President, from the
sorrow of the passing of President Tru-
man and the command of events to ex-
amine his hfe and contributions, there
should also come a greater willingness
to question our own judgments and con-
clusions.
No one likely soon will know how
history will evaluate the wisdom of Presi-
dent Nixon's courageous determination
to do what he believes is right.
3.8
CONGRESSIONAL RECORD — SENATE
January 4,
1973
But as one Member of this body whose
as e exceeds the average and who can
re:all the anguish World War n visited
ui on milhons ofAmericans and whose
m?mory is stjlMfesh with the resolve of
til ose who gave birth to the United Na-
tiims hoping that a better way could be
fojnd than to fight yet another world
wiir. I believe history will vindicate the
actions and applaud the judgment of
Pi esident Nixon.
In looking back over the long sweep of
history, Vermont Royster may give us
the perspective we so desperately need
nc w as we earnestly search our con-
sc ences and experiences in trying to
cl" oose the right course ahead.
r ask unanimous consent that Mr.
Riiyster's column from the Wall Street
Jcumal. "Presidents and History," be
printed In the Record.
There being no objection, the article
wi IS ordered to be printed in the Record,
a^ follows:
Presidents and History
(By Vermont Royster)
\s President Nixon ends one term and be-
gins another. It's Interesting to reflect on
ths difference between how we Judge Presi-
de nts while they are in office and how history
Julges them. For. as Harry Truman has Just
re nlnded us, history often alters the Judg-
mi int.
iVarren Harding would have to be put down
as one of our most popular Presidents, even
th 3ugh then there were no Gallup Polls to
ta ce the public pulse. Harding was hand-
so ne. of commanding presence. He had been
el( cted by a landslide, and when he died
CDwds lined the route of his funeral train
as sorrowlngly as they later did for Franklin
R( osevelt. Then came all those scandals, and
In history his name Is tarnished.
Dn the other hand Harry Truman's repu-
ta ion has been enhanced by time. He barely
go: elected to his second term — he was pe-
re mlally In political hot water. You'd have
to put hUn down among the less popular
Pr ssldents of the century while he was In
ofl ce.
iTet by the time he died even his political
fo;s recognl2ed him as a President who had
led his country through some parlous times,
who had come at least near to greatness.
Tl Is was not because history had erased any
of his record; It was because time had al-
te ed the relative Importance of things.
3ome of the things that made Harry Tru-
mm controversial seem trivial In retrospect;
hti Irate letters to music critics, for example,
or his verbal tempers and blunders. From
ot ler mistakes that could have counted
he avUy against him he was rescued by clr-
cv mstance His attempt to draft railroad
w( rkers Into the Army failed (with the help.
lr( nlcally. of Senator Taft) ; his high-handed
se zure of the steel Industry was overruled by
th» Supreme Court. Bad they might have
be ;n. but In the end they sit on the record
only as might-have-beens.
A' hat are remembered now are the Mar-
sh ill Plan which resuscitated a war-torn Eu-
ro )e. the Truman Doctrine which checked
th; easy postwar Communist expansion, the
criation of NATO, the decision to stand at
Be rlln and the decision to fight In Korea. All
th ;se too were controversial In their day, but
hi itory has decided that In these Instances
Pi jsldent Truman was right.
\a. awareness of this effect of t^ne must
haunt every President who has a regard for
so nethlng more than the popularity of the
moment. Harry Truman would surely have
be;n more popular In his day If he had not
de :lded one Sunday evening to send Ameri-
ca 1 soldiers to fight In Korea, and he could
net have known then which way the verdict
of history would go So whatever you think
of his Judgment, you can't fault Harry Tni-
man's courage.
Anyway, the alterations of time on the rep-
utation of Presidents must haunt Richard
Nixon. Although he was reelected by a land-
slide, popular has never been qult^p^^e word
for Mr. Nixon, and he has never la^n far
from controversy. Many of those com>^ver-
sles wUl fade with time; who a generation
hence will care about the Checkers speech or
even tne Watergate affair? The things that
will count In history will be the one or two
things that count most for the country.
Foremost among them will be Vietnam.
Mr. Nixon Is the third President to have to
deal with that particular war. Beyond that,
the fifth President since World War II to have
to answer that agonizing question, What is
worth fighting for? Truman faced It in Berlin
and Korea; Elsenhower in the Middle East;
Kennedy in Cuba; Kennedy, Johnson and
now Nixon In Vietnam. Each time It has been
posed in such a way that there Is no easy an-
swer for the man who must answer.
For of course it is quite simple to avoid
war or end a war, tf that Is all that matters.
The Vietnam war could have been avoided
entirely by letting South Vietnam be con-
quered. It could have been ended at any time
these past ten years by accepting North Viet-
namese terms; Mr. Nixon's critics are quite
correct that he could have had peace this
Christmas by signing the October cease-fire
draft.
Unhappily, though, the real question is: Is
that all that matters? Would the world be a
better place if Harry Truman had not stood
at Berlin, fought In Korea? If John Kennedy
had not risked a nuclear holocaust to face
down the Russians in Cuba? If Richard
Nixon had given the country peace by Christ-
mas?
Even those who would answer that last
question differently from President Nixon,
who truly believe nothing is worth the price
of that terrible bombing, must note one
thing. With Lyndon Johnson's political expe-
rience before him as an example, Mr. Nixon
knew the political price he would have to
pay when he first adopted his tough stance,
when he counterattacked In Cambodia, when
he mined Halphor.g. when he began bombing
North Vietnam poper
He must have been even more acutely
aware of world reaction when, after the elec-
tion, the peace that seemed at hand receded
and he resumed the bombing. Mr. Nixon,
whatever else he Is, is not politically naive.
Yet he did those things anyway because, for
his own reasons, h€ thought them the right
things to do. So you have to give him credit
for political courage.
For the rest, as Mr. Nixon well knows, we
will have to await the Judgment of time.
There Is little doubt any longer that his ear-
lier policy of mixing a willingness to negoti-
ate with a military toughness succeeded; it
was this that brought the North Vietnamese
to their first serious negotiations. There Is
not much doubt, either, that what disrupted
that negotiation when peace wtis tantaliz-
Ingly near was the willingness of Hanoi to
test again the President's resolve.
The resumption of the bombing answered
that test. What Is left unresolved Is the wis-
dom of the Judgment. His Judgment Is that
peace alone is not enough if it's a spurious
peace, that toughness now — as In the past —
will bring Hanoi back to the negotiating ta-
ble, that the gamble is worth the prize. The
gamble won means a more durable peace, the
gamble lost means an enduring war.
What makes It all so terrible Is that nei-
thjer he nor you nor I can know now whether
his course has been right, yet he, like other
Presidents before him, has the burden of de-
ciding without knowing. The rest of us can
only be cautious in our Judgments.
If his course was wrong, as President Lin-
coln said on another occasion, ten angels
swearing It right will make no difference. If
the end brings President' Nixon out right.
then what is said against him now won't
amount to anything. And history alone will
show which Is which.
HOUSING SCANDALS AND THE NA-
TIONAL HOMEOWNERSHIP FOUN-
DATION
Mr. PERCY. Mr. President, I have
been following with interest the grow-
ing debate over the future of our major
housing programs, particularly the
homeownership program for low- and
moderate-income families.
An article by William Grant of the
Christian Science Monitor about the
scandal surrounding the interest-sub-
sidy program In Detroit is all too remi-
niscent of perhaps a score of stories orig-
inating from other cities across the
United States: Speculators buy up inner-
city properties, give them a superficial
face-lifting, secure FHA approval of in-
flated selling prices, and inflict the
shoddy homes — with predictably disas-
trous results for all participants — on
imwitting and unsophisticated low-
Income families searching for a better
way of life.
Mr. Grant points out that loose ad-
mininstration by FHA and HUD has
been the cause of much of the trouble
with this and other inner-city housing
programs. For instance:
Too few supervisors are available to keep
track of what is a massive FHA real estate
program in Detroit.
Mr. President, I have the firm convic-
tion that we would have been spared
much of this scandal and the subsequent
foment about the interest-subsidy pro-
grams if the National Homeownership
Foundation authorized and specifically
provided for by the Housing Act of 1968
had only been appointed by the Presi-
dent, funded and made operational.
Congress had the wisdom to provide
for an advocate and a watchdog of a pro-
gram with a purpose and a clientele dif-
ferent from those of the traditional pro-
grams administered by an old and estab-
lished governmental bureaucracy. Not
only would the foundation have provided
the necessary oversight of the admin-
istration of the program, but it would
also have stimulated the counseling ac-
tivities for low-income people that are
so absolutely essential for successful
homeownership yet are still not widely
available.
Congress as well as the Executive
branch, government must share the re-
sponsibility for failing to fund this es-
sential watchdog function. Dollars in-
vested three of four years ago in activat-
ing this agency would have saved us
hundreds of millions in defaulted mort-
gages and reclaimed homes, not to men-
tion what this invostment might have
meant to the families whose dreams of
homeownership have been shattered. I
hope we all learn something from this
situation.
Mr. President, I ask unanimous con-
sent to include the article by William
Grant in the Record at this point as an
example of the type of fraud that could
have been prevented by establishing
proper oversight authority.
There being no objection, the article
was ordered to be printed in the Record,
as follows:
January h, 1973
CONGRESSIONAL RECORD — SENATE
349
HUD PRAtTD Costs 8300 Million
(By William Grant)
Detroit. — A widespread fraud in the De-
troit office of the Federal Housing Adminis-
tration, which is estimated to have already
cost the U.S. Government more than $300
million, has produced a sweeping staff
shake-up.
George Bomney, secretary of the Depart-
ment of Housing and Urban Development,
announced that three of HUD officials in
Detroit were being fired and a score of pri-
vate firms that have done business with the
agency will be suspended.
The move came after a three-month in-
vestigation by the FBI of HUD operations in
Detroit. The investigation continues and
more housecleanlng may be done, said Wil-
liam Whitbeck, head of HUD operations here.
Similar fraud has been uncovered In HUD
operations in other cities, but government
officials have said the extent of the corrup-
tion and the loss to the government In De-
troit far exceeds what has been uncovered
elsewhere.
20.000 HOMES INVOLVED
The massive corruption, dating back to
1969, has led to the default and foreclosure
of at least 20,000 Detroit area homes that
had been sold with FHA-lnsured mortgages.
The government has lost more than $300
million in Detroit alone.
Involved were some top HUD officials here,
whose names have not been made public,
some FHA home Inspectors, and a variety of
private real estate agents.
Several different tactics were used by those
Involved to make money from FHA programs
designed to help low-Income families own
their own homes.
In one of these, real estate operators
picked up, for a low price, a house in need
of massive repair and did some minor paint-
ing and patch-up work to hide, as well as
possible, the unsound structure.
Then the real estate dealer paid off an
FHA inspector to certify that the house was
sound and met all of the strict qualifications
for an FHA-lnsured loan.
BUYERS SOUGHT
Next, It was a matter of finding an un-
suspecting buyer. Those sought out were
usually poor people who had never owned
a home before and had imagined that they
never could.
One firm even solicited people who were
being evicted from apartments because they
were unable to pay their rent.
"Call me and learn how easy it Is to have
a home of your own," the firm's letter read.
"Time is very Important in a situation like
yours and action must be taken at once.
Don't wait to be put out on the street, call
me today. I have the answers for you. Dont
talk to anyone else."
With these and other tactics, real estate
speculators were able to sell the hoxises for
much more than they had paid for them,
because the bribed FHA inspector certified
that the home was worth the Inflated prices.
INSURED LOANS ISSLT:D
So local banks and mortgage companies
Issued an FHA-lnsured loan, which gpuaran-
teed the banks would be repaid by the gov-
ernment if the home buyer defaulted on the
mortgage.
And that Is what happened in most cases.
When the buyer found he could not continue
to meet the payments on the inflated pur-
chase price or when the undone repair work
overwhelmed him, the home was abandoned
and the mortgage foreclosed.
The government then had to pay off the
loan and th FHA assumed possession of the
home.
In a parallel operation, some real estate
firms did not bother even to find a buyer for
the home. They simply falsified the whole
deal and no purchaser ever actually existed.
But a mortgage was issued with an FHA
guarantee.
No payments would be made and in time
the mortgage would be foreclosed and the
FHA would have to pay off the bank or
mortgage company.
UNFIT TO LIVE IN
Many of the homes were found to be unfit
to live in and have been torn down. The FHA
is trying to fix the other homes to sell them
at a fair price.
The most recent suspensions by the FHA
have been of real estate agents who handle
10 percent of the foreclosed homes and of^
25 Detroit home-repair firms the FHA claims
never made the repairs they certified were
made.
Much of the trouble of the loosely adminis-
tered program has been that too few super-
visors are available to keep track of what Is
now a massive FHA real estate program In
Detroit.
Until recently, the FHA had only 23 people
In the Detroit division, which supervises this
part of its activity. Now that figure has more
than doubled, but almost all of the new
people are trainees.
Mr. Romney said in announcing the recent
suspensions that "these actions are part of a
continuing effort by the department to root
out Individuals and firms who may be in-
volved In acts that impede HUD's mission
of helping to provide decent housing for the
American people."
ROBERTO CLEMENTE, 1934-72
Mr. SCHWEIKER. Mr. President, all
Americans are deeply saddened by the
untimely death of Pittsburgh Pirate
baseball star Roberto Clemente, who
perished New Year's eve in the crash of
a cargo plane carrying relief supplies to
victims of the Managua earthquake.
Roberto Clemente's feats on the play-
ing field are legendary, and it is as an
athlete that he will be remembered by
most Americans. But there was another
side to Roberto Clemente. He was a true
leader on and off the field; a man who
symbolized dignity, pride, and accom-
plishment to the Puerto Rican people
and all Americans.
Roberto Clemente was engaged in a
humanitarian endeavor at the time of his
death as coordinator of Puerto Rico's
earthquake relief work. He was making
the flight to Managua to make certain
that relief supphes did not fall into the
hands of profiteers. He Interrupted a
project to build a "Sports City" for
Puerto Rican youngsters to head the
relief effort.
Mr. President, as a Senator from Penn-
sylvania, the State where Roberto Cle-
mente established himself as a sports im-
mortal and where for 18 years he and
his family resided during the baseball
season, I want to express the deep sense
of loss the Nation has sustained by the
passing of Roberto Clemente and extend
my sympathy to his wife and family.
Mr. President, I ask imanlmous con-
sent that a number of newspaper ac-
counts describing the life and career of
Roberto Clemente be printed in the
Record.
There being no objection, the news-
paper accounts were ordered to be
printed in the Record, as follows:
[From the Philadelphia (Pa.) Inquirer,
Jan. 2, 1973]
Roberto Clemente: Baseball's
"Magntficient Militant"
(By Bruce Keidan)
He was the nicest militant I ever met.
Not that he was much for harsh words or
expressions of righteous indignation. Roberto
Walker Clemente was far too professional for
that sort of thing. But he was a militant,
nonetheless. A crusader. For the Latin
American baseball player. And for the
children.
"Kids." said Richie Ashburn. "He always
liked to talk about kids. You know, he was
always kind of reluctant to go on an interr
view show, but once you got him on there,
j-ou couldn't stop him. He'd talk forever —
about baseball, about Puerto Rico and about
kids"
, Roberto Clemente has given bis last radio
interview now. He has. almost unbelievably,
struck his last base hit, won his last game
for the Pittsburgh Pirates, mEide his last
Incredible throw from right field. A plane
crash at San Juan, P. R.. claimed the 38-
year-old superstar late Sunday night. Base-
ball, Latin America and the children have
lost an ambassador.
"He studied everything and he remembered
everything," Phillies manager Danny OzEirk
was saying from his winter residence In
Florida. "He knew every pitcher and every
hitter — whether the hitter had power, where
the outfielders should play blm, whether or
not the guy would try to take the extra
base."
He remembered something else, too.
Roberto Clemente never forgot his own dirt-
poor beginnings on the sandlots and the
vacant lots of Carolina. Puerto Rico. He
never forgot his obligation to millions of
other Spanish-speaking children, growing up
poor.
He was on the third of three scheduled
relief flights to Managua, Nicaragua, when
his plane went down. He didn't have to be
on it. Roberto Clemente could have helped
the earthquake-stricken city in other ways.
He could have written a check and let it go
at that. He could merely have called on the
thousands of Influential friends he had made
in his 18 major-league seasons to help. But
if you knew Roberto Clemente, you knew
he would go himself. To save the children.
I remember an interview with Clemente
after a game in Philadelphia late last sea-
son, when he was closing in on his 3,000th
big-league base hit. We were talking about
night baseball and the advantage it gave
the pitchers.
The handsome, Belafonte-like face shifted
Into a wry smUe. "When I was a boy, we
would play baseball all day and much of the
night," he said. "There were no lights, but
we would keep on playing after it got dark.
You didn't have to go home for supper be-
cause there was no supper to go home for."
He was a star in a tough Puerto Rican
semlpro league by the time he was 15. At
19, he was a baseball player In a class by
himself on a tropic Island crammed full of
hungry, agile kids with a dream of escaping
from poverty by playing In the major leagues.
The Dodgers signed him for peanuts. In
those days, that was what you gave a Latin
player to sign him. A Latin kid was sup-
posed to be eternally grateful Just for the
chance to play in the major leagues, even
at a minimal salary and without bonus.
Long after black Americans were making re-
spectable money In the major leagues, Latins
remained second-class baseball citizens.
Clemente fought that bias In his own mili-
tant way. He did not sulk or throw tan-
trums. He was a one-man fifth column He
did it with ability, with hustle, with in-
tegrity. He did It by comporting him-
self like a member of the diplomatic corps.
He did it by talking up. Latin America and
the Latin American ballplayer to anyone
who would listen.
"When you talked to Roberto Clemente,"
said Danny Czark." you were talking to
Puerto Rico. You had the feeling that he
wasn't Just FOR his people. He WAS his
people."
People said of Roberto Clemente that he
was a hypochondriac. They refused to be-
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CONGRESSIONAL RECORD — SEN ATE
January ^, 1973
Udye that the hundred nagging ailments and
In urles of which he complained could be
re ,1. Never mind that the doctors agreed
wl;h him. Never mind that he played In
m >re than 2.400 games In 18 big-league sea-
so IS. A guy who played baseball that well
My ST be in the peak of health.
[F^-om the Pittsburgh (Pa.) Post-Gazette,
Jan. 2. 1973)
Clemente Dies In Plane Crash
5an Juan, P.R— Baseball star Roberto
mente and his four companions on a
m^rcy mission were feared dead yesterday In
crash of a cargo plane that plummeted
o the ocean within sight of San Juan's
lukury hotels.
Phe four-englned DC7 was loaded with
lef supplies for survivors of the Managua,
l;aragua earthquake. It went down at 9:22
Sunday about 1'4 miles north of San
n International Airport, from which It
Just taken off.
\ US Coast Guard spokesman said no
survivors were found and rescue units re-
ared only bits of the wreckage In an all-
search yesterday.
rhe spokesman said rescue units "have
fo ind a suitcase, a hatch cover, metal pieces,
wheel and life Jackets" but no survivors.
jOV. Luis A. Ferre ofBclally declared the
Pittsburgh Pirates' All-Star outfielder dead
i ordered three days of mourning because
"the death of the great Puerto Rlcan,
Rcjberto Clemente."
erre said he Issued the special proclama-
tl(4n because "Clemente's premature death
place while on a noble mission of
chbrlty and neighborly love."
rhe Coast Guard, '^hlch Is In charge of
search operations, continued to list
Cltmente and the four others as missing.
:iemente. 38, had agreed to head Puerto
s earthquake relief operation when he
: word of the disaster Dec. 23. His relief
organization had collected $150,000 In cash
i tons of food, clothing and medicine
the survivors.
The propeller-driven plane had been
sclleduled to leave at 4 p.m.. but a series
delays held it up for more than five
I Clemente's wife. 'Vera Christiana, said he
been on the verge of canceling the flight.
quoted him as saying, "If there's one
thing, we're going to leave It until
hal
Shs
mc re
toitiorrow.'
Urport officials said the plane crashed
making a normal left bank while
Ibiblng after the take off. They were unable
pinpoint the cause of the crash.
Puerto Rico Ports Authority official said
t beside Clemente, the occupants of the
were the pilot, Jerry Gelsel: the
Uot and owner Arthur Rivera: the flight
engineer, Rafael Matias, and a radio news-
m4n Identified only by his last name, Lozano.
Federal Aviation Administration official
weather was normal during the take off.
National Transportation Safety Board
t an investigating team to San Juan
(tlemente was extremely popular on this
baieball-happy island. Gov. -elect Rafael
on, schfeduled to be Inaugurated today,
festivities that were to accompany
Inauguration.
orn Aug. 18. 1934. Clemente had com-
plected his 18th season with the Pirates in
2. Last season he became the 11th player
major league baseball to get 3.000 hits
during his career.
he Pirates drafted Clemente for $4,000
frotn the Brooklyn Dodger farm team in
Mctitreal in 1954. He went on to compile a
lifetime batting average of .318, be named the
lonal League's Most Valuable Player in
" and be selected to the league's All-star
12 tic^es.
1971. he was named the World Series'
valuable player as the Pirates defeated
Baltimore Orioles In seven games.
(tlemente collected his 3,000th hit Sept. 30,
cai iceled
1972, when he lashed a double in the foiu-th
Inning of a game against the New York Mets
at Three Rivers Stadium, Jon Matlack was
the victim of the historic hit.
Clemente received a standing ovation from
the crowd of 13,117 and the game was stopped
as he was awarded the baseball.
Only two other active players, Hank Aaron
of the Atlanta Braves and Willie Mays of the
Mets have attained the elite 3,000-hlt circle.
Clemente, Aaron and Mays, all right-
handed batters, rank as three of the greatest
modem day hitters.
Clemente was the first Pirate to make the
exclusive club.
Clemente's 3,000th hit was his last in reg-
ular National League play. After the accom-
plishment he announced he would not play
in the last three regular season games.
Clemente rested for the National League
playoffs against the Cincinnati Reds, which
Pittsburgh lost In five games. He had four
hits in 17 at bats for a .235 average.
The superstar said that he had been em-
barrassed by the standing ovation.
"I feel bashful when I get a big ovation, I
am really shy and so Is my family. I never
was a big shot and I never will be a big shot."
Clemente was asked if the hit was his most
satisfying moment in 13 years in the majors.
"The World Series was more satisfying, be-
cause we won," Joe L. Brown (Pirate general
he said. "We don't play for manager). We
play for the fans of Pittsburgh.
The Pirates won the World Series in both
1960 against the New York Yankees and In
1971 against the Baltimore Orioles, .310 In
1960 and was the outstanding player In 1971
with a .414 average. Clemente hit safely In all
14 Series games In which he played.
He batted over .300 13 times. His highest
average was .357 in 1967.
Last season he hit .312 In 102 games.
Many observers link the Pirate coup In
acquiring Clemente from the Dodgers to the
quota system which once restricted the entry
of blacks In the big leagues.
Clemente, was born In Carolina, Puerto
Rico Aug. 18, 1934. He was the son of a
sugar cane plantation foreman.
The Dodgers signed him to a free-agent
contract in 1953 — seven years after Jackie
Robinson broke baseball's color barrier.
There were Ave black players on the Dod-
gers' parent club that year, and Clemente
was signed to a minor league contract — even
though It meant the risk of losing him in
the draft.
(^emente caught the eyes of the Pirates'
scouts although he batted only 148 times for
a .257 average in his lone season at Montreal
in the International League.
Pittsburgh finished dead last in the Na-
tional League that year and made the 20-
year-old outfielder their No. 1 choice In the
draft.
Clemente Justified the Pittsburgh scouting
system and he wound up with more hits,
runs batted In and total bases than any
player In Pirate history.
Beyond the statistics, Clemente was identi-
fied by his free-swinging, unorthodox batting
style and his mannerisms at the plate.
The continuous neck movements, side to
side to work out the kinks, extensive land-
scaping around home plate, and taking the
first pitch became Clemente trademarks.
He stood so far from the plate It ap-
peared he'd need a bed slat to make contact
yet he could lunge forward and swipe a low
and away fastball out of the catcher's mitt.
Clemente's career total of 240 home runs
was far below similar totals for Mays and
Aaron.
Clemente, however, played much of his
career in spacious Forbes Field and his hlt-
to-all fields style produced more singles and
triples than any other active player.
Hitting w£is Just one facet of the all-around
play that made CHemente a Golden Glove
defensive perennial and a dangerous base-
runner.
No other player surpassed Clemente In
all-out every Infield grounder as if the World
Series were at stake.
His basket catches, often made well below
the waist, added sparkle to routine plays,
and his arm was so strong that nobody took
the extra base on him,
Clemente was known to leap high against
the wall to make a catch and whirl and
throw, almost before landing.
Many players make diving catches but Ro-
berto made them sliding on his kneeds so the
ball wouldn't bounce past him.
Perhaps because of his all-out play, Cle-
mente missed many games during his career
because of a myriad of injuries which went
beyond conventional bumps and bruises.
This past season he was stricken with ten-
donitis of the ankles shortly after recovering
from intestinal virus, which took more than
10 pounds off his 5-foot-ll, 182-pound frame.
In previous seasons he had been inflicted
with everything from malaria and bone chips
to food poisoning and insomnia.
This all led to an Image of Clemente as
baseball's leading hypochondriac, an Image
he said had been fostered by baseball writers.
Clemente criticized writers for allegedly re-
fusing to accept top Latin players as the
equals of other superstars.
Yet he was nearly always patient and
pleasant with writers, Just as he was to
countless autograph seekers — even the ones
who Interrupted him In restaurants.
His private life centered mainly around his
wife, Vera, and their three sons.
Among his bobbles were ceramic work, and
he often made lamps and tables as gifts for
friends.
After the season Clemente and his family
returned to Puerto Rico, where he main-
tained several homes and supported many of
his relatives.
He reportedly was paid In the vicinity of
$150,000 per year by the Pittsburgh club, but
he never made a major commercial endorse-
ment in the United States.
He had done commercials In Puerto Rico
and donated the money to charities.
Although he had once hoped to manage
after his playing days were over, Clemente
had set his sights on developing a boys sports
camp where he also backed a chiropractic
clinic.
However, he had set no timetable for re-
tirement and he had hoped to play another
four or five years.
Clemente had given the Pirates a sizeable
return on that original Investment.
The White House,
Washington, October 26, 1972.
Clemente's 3.000th hit of his career brought
this belated congratulatory note from Presi-
dent Nixon.
Mr. Roberto Clemente,
San Augustin, Rio Piedras,
Puerto Rico.
Dear Mr. Clemente: With the excitement
of the play-offs and the World Series. I had
neglected to tell you how delighted I was to
learn of your 3000th hit In major league ball.
You long ago proved you are one of base-
ball's superstars of this or any era, and this
new milestone is further confirmation — if
any were needed — of the standards of excel-
lence you have shown on the playing field.
Heartiest congratulations and kindest good
wishes for many more seasons!
Sincerely,
Richard Nixon.
Tragedy Evokes Tears, Shock, Disbelief
Here
(By Gabriel Ireton)
Plttsburghers — many of them bleary-eyed
from New Year's celebrations — awakened yes-
terday to the shock: Roberto Clemente, "The
Great One," Is dead.
Some heard snatches of the news on radio
and television. Some murmured In disbelief
when a eulogy was said from the pulpit of a
New Year's Day mass. >
Many of them wept.
Jammrij .4, 1973
CONGRESSIONAL RECORD — SENATE
351
Close friends who knew Clemente and his
family and those who knew the baseball
"superstar" only from their view from "pea-
nut heaven," wept the same tears.
Hundreds could not believe the news and
they telephoned the Post-Gazette and the
Pittsburgh Baseball Club for confirmation.
Politicians and commoners here — Clemente
treated them the same — expressed their shock
at reports that the Pittsburgh Pirates' great-
est outfielder had died with four other men
when a DC 7 cargo plane in which they were
flying crashed into the Atlantic Ocean at
9:22 p.m. Sunday.
Clemente was coordinating a massive air-
lift of food and supplies to help the people
of earthquake-stricken Managua, Nicaragua.
"It seemed fitting that Roberto Clemente
had died when he was doing God's work of
relieving the suffering," a Pittsburgh priest
told his shocked congregation yesterday.
■The tragic death of Roberto Clemente has
saddened Pittsburgh and the entire nation,"
Mayor Flaherty said in a statement. "He died
at the height of a great career while per-
forming a valuable service for his fellow
man.
■'Mrs. Flaherty and I extend our deepest
sympathy to his wife and children."
County Commissioners Leonard C. Stalsey
and Dr. William R. Hunt expressed their re-
grets.
"It Is tragic," Hunt said, "to lose a person
like this who has become such a hero for
everybody. What a contribution he has made
to the successes the Pirates have had — and
then to lose him at the very peak of his ca-
reer is Just tragic." ^.„»fNv
"The Pirates lost a ffflpersTOr," Staisey said,
"but the world has lost a super guy. When
someone tells me, Happy New Year, it wUl
seem to be a hollow wish."
Among those who knew him best was Phil
Dorsey, a postal worker who became Cle-
mente's friend when he came to Pittsburgh
as a rookie.
Dorsey cried when he heard yesterday that
Clemente was missing and presumed dead.
"One of his brothers called me last night
from Puerto Rico and told me Roberto was in
the plane," Dorsey said, choking back the
sobs. "I've been up all night. I'm so shocked,
I can't think."
Dorsey, who served Clemente as a personal
friend, chauffeur, business manager and
babysitter for the rightflelders three boys,
said that Clemente was looking forward to
next season.
"He and I already made plans for his apart-
ment, and I was sending some maU to him,"
Dorsey said.
When Clemente was a rookie, he said, "we
used to go to movies and things together. I
even remember when he first met his ■wife
down in Puerto Rico. I used to go with them
as a chaperone before they were married."
Among those who befriended him when
he first began playing for the Pirates were
Mr. and Mrs. Henry Kantrowltz of Squirrel
Hill. They left the Clemente family's subur-
ban San Juan home last Tuesday to help set
up a Pittsburgh-based fund drive for
Clemente's relief airlift.
"We curtailed our visit there for this very
thing he was doing," Mrs. Kantrowltz said.
"And I thought the very best thing was to
come to Pittsburgh and see If we could find a
way to help him raise money."
Kantrowltz said Clemente had devoted
himself to making aid available to Managua's
earthquake victims.
"He was pvittlng 14 hours a day Just work-
ing with his committee," Kantrowltz said.
"As a matter of fact, when I brought him
some food to eat, he wouldn't stop to eat
It,"
Clemente had made appeals on radio and
television for food, clothing and drugs, Kan-
trowltz said.
Himself a state campaign chairman for the
March of Dimes for five years, Kantrowltz
called the response "unbelle'vable" as dona-
tions came "In carloads" to HI Blthorn Sta-
dium, San Juan, used as a depot to store and
package goods headed for Managua.
"The stadium parking lot was almost as
filled as when there's a ballgame. There was
enough food and clothing to fill Three Rivers
Stadium, sections A and B, on the outside
perimeter of the stadium."
"People came dovwi there with Christmas
gifts which had been unopened," Mrs. Kan-
trowltz said.
"As great a ballplayer as he was," Kan-
trowltz said, "he was a greater human t>elng.
In spite of his earnings. In spite of every-
thing else, he was a down-to-earth human
being who would spend as much time talking
with the common man as he would with a
captain of Industry."
Clemente was a family man devoted to
his children, his "adopted" Pittsburgh "par-
ents" said.
"The public will never know what a family
man he was for his children," Mrs. Kan-
trowltz said, "He adored those kids. Those
children adored him. Seeing him alone with
them feeding them ... Is unbelievable.
"One day last week," she continued, "he
looked at his oldest son and he said that
Roberto Jr. would be the next Pittsburgh
Pirates' rlghtflelder. 'Robertito' plays ball like
his father— he stands like his father."
The Clemente household was an open
house to nearly any Plttsburgher who visited
San Juan.
Rabbi and Mrs. Moshe Goldblum yesterday
recalled a recent visit with the Clemente
family after an introduction before a game at
Three Rivers Stadium.
It was a beautiful tribute to Mr. Fitz-
hugh and the things he stood lor during
a hfetime as a newspaperman, and I ask
that the eulogy be printed in the Record,
along with editorials written by his long-
time associates, Mr. Don C. Urry of the
Phoenix Gazette and Mr. Frederic S.
Marquardt of the Arizona Republic.
There being no objection, the eulogy
and editorials were ordered to be printed
in the Record, as follows:
Edwin A. Fitzhugh
(By Harry Montgomery)
We are here today to honor a friend, au
associate, and a newspaper man of tremend-
ous dedication and integrity.
We call It a memorial service because he Is
not here.
The word honor Is used advisedly. If we
dared come here to mourn or to eulogize and
It were within Ed Pltzhugh's ix)wer to do so.
he would smite us all. He didn't like that
kind of thing. ,
But we pay him honor for his good qual-
ities, his services to the society In which he
lived, and for his accomplishments as an
individual and a newspaper man.
The brief tribute which Is my assignment
will be woven around a simple sentence In
Don Urry's editorial In The Phoenix Gazette
Monday :
"In an era of submlsslveness, he was a
fighter for what he held to be right."
TTiere Is no better, more succinct way to
describe Edwin A. Fitzhugh, the man who
^_^_^^^^^^.^^_ was editor of The Phoenix Gazette for 14
years, than the statement: "He was a fighter
FITZHUGH, ONE OF ARJ- ^ for what he held to be right."
The editor of The Arizona Republic, Prltz
■'' Marquardt, looking at Ed through the ej-es
of the opposition, put It In a different way
EDWIN A
ZONA'S OUTSTANDING JOURNALy^
ISTS
Mr. FANNIN. Mr. President, it is my
sad duty to report the death on Decem-
ber 3, 1972, of Mr. Edwin A. Fitzhugh,
one of Arizona's outstanding journalists.
Mr. Fitzhugh, editor of the Phoenix
Gazette for the past 14 years, died in St.
Joseph's Hospital in Phoenix following an
illness of several weeks. He was 63.
Mr. Eugene C. Pullman, publisher of
the Phoenix Gazette and the Arizona
Republic, said of editor Fitzhugh:
FHtz. whose association with our organiza-
tion dates back more than 40 years, always
had been first and foremost a newspaperman.
His only other Interest was In the outdoors.
and there he had a powerful love for all that
nature provided — the animals, the wilderness.
Fitzhugh had a code for life which he felt
should be followed by politicians, profession-
al people, business people and Just people
generally. He believed strongly that everyone
should receive a fair deal, a square deal, an
equal deal. His comments In carrying out this
philosophy created a good deal of controversy
at times, but he seldom was wrong.
At the time of his passing, I said:
Ed Fitzhugh has left a legacy for new gen-
erations of Journalists to emulate. As a
writer and editor, his creed was fairness and
from this stance he devoted a lifetime to the
highest principles of Journalism.
I have lost a good friend and the free press
has seen the passing of one of its staunchest
advocates and ablest defenders.
Mr. Fitzhugh was a conservative in his
philosophy, and in recent years his edi-
torials on constitutional law had been
used for classroom study at Harvard Law
School and were made the subject of a
national symposium at the University of
Notre Dame.
Mr. Harry Montgomery, retired asso-
ciate publisher of the Phoenix Gazette
and the^rizona Republic, delivered the
eulogy ofsHr. Fitzhugh at memorial serv-
ices on Decel
In his editorial Tuesday morning. "I'm very
competitive." he quoted Fitzhugh as saying
in summing up his attitude toward life. "Then
Marquardt added: "That was an understate-
ment." The Republic editor was speaking
from 14 years of bumping heads with his
counterpart on The Gazette. jt
Anyone reading Fltzhugh's hara-hlttlng
editorials and columns easily could conclude
that he was out to prove the old saw that
"The pen is mightier than the sword." Born
to a pioneer ranching family he possessed
the instincts attributed to early settlers who
fought to protect their possessions. But Fltz
fought with words that he pounded from his
typewriter, and he fought for all mankind.
His publisher, Mr. Eugene C. Pulliam, said
of Fltz: "He had a code for life which he felt
should be followed by politicians, profes-
sional people, business people, and Just people
generally. He believed strongly that everyone
should receive a fair deal, a square deal, an
equal deal. His comments in carrying out his
philosophy created controversy at times, but
he seldom was wrong."
No one ever heard of Fitzhugh giving in
without a fight. Yet Marquardt said in The
Republic that after Fltz had argued his point,
"he knew how to concede graciously if he
became convinced he was wrong." One of
Pltzhugh's associates on The Gazette, Larry
Ferguson, relates that he once saw the editor,
well along in the writing of an editorial, tear
the copy from the tjrpewTlter and toss It away.
Larry asked for an explanation and Fitzhugh
replied quietly, "I discovered half-way
through that I was wrong."
One cause which commanded Fltzhugh's
eternal vigilance was the freedom of man He
valued freedom above all else and made a
career of championing rights of the indivi-
dual. He could not bear the thought that
freedoms established by the Constitution and
the Bill of Rights were being eroded through
permissiveness of government and society.
Jay Brashear, a Gazette editorial writer
who had worked with Fltz longer than any-
one except Don Urry, saw this as his "con-
suming devotion."
52
CONGRESSIONAL RECORD — SENATE
January ^, 1973
"To E<jl Fltzhugh," Jay said, "the great
t: uth wai that man was created to be free.
I: e gave all that he had every day of his life
t> preserve that essential quality of human
e :lstence,' recognizing all the while that man
t irough his own labors must earn the right
t( I remain free.
"Ed dl4n't think of freedom as so many
pjople ddi In an abstract way. Freedom, as
h ; saw it^-as tangible — something that could
b; touchrtl and savored and, above all. some-
tiilng pre Mous and necessary for survival.
"With >hat single thought guiding him. he
a jproached life with a special sensitivity few
n en posstss. As he hiked through the splen-
d )rs of Arizona nature — one of his favorite
p istlmes — It was more than exercise and en-
j( yment of the landscape. He was making his
w ay as a free man — through the freedom ex-
p iclt In uature and the Creation."
Next to his devotion to newspaper work,
Fltzhugh loved the outdoors. He was a con-
si rvatlonlst before It ever occurred to most
o ■ us that without It there will be no wllder-
n ?ss. no unpolluted streams, no forests to
p iss on to future generations. He recognized
n 5 grandeur except that of the Arizona land-
s( ape. His family (his wife Meryal. daughter.
\ eri-le iMrs. Robert CoUum) and son. Leei
si tared his Interest in the outdoors. Lee Is
n Dw teaching forestry at Northern Arljwna
Z nlverslty.
When Fltz was not jousting with some
b "anch of government or some development
tiat he did not believe was in the public
interest, he wrote a homespun-type column
r:iat often dealt with nature and the out-
d Kits. Those who read his editorials only may
h ive looked upon him as a perpetually angry
n an. But for contrast listen to this paragraph
fi om one of his columns dealing with un-
c langing nature:
"The sky looked the same if you tipped
y )ur head way back and looked straight vgi
b;tween the pines. The clouds came over the
SI .me way, holding their naeetlngs mostly in
t; le afternoons to decide where In the White
^ ountalns to rain today. They clapped their
h inds In thunder to worry fishermen caught
fi r from camp, even If they didn't Intend to
ri .in on that particular gaggle of humans
t: lat day."
His column. "Close to Home", revealed his
1( ve for the simple things of life. He began
writing it in El Centro, Calif., and it maln-
ti ,lned an almost rural flavor even after It
w IS syndicated by the Chicago Sun-Times and
w as sold to some of the nation's largest news-
p iper. In its earlier years it dealt with prob-
1( ms that the man on the street or the fam-
11 f next door could associate with, and it was
n >t until Fltz returned to Phoenix and his
s< in and daughter began approaching ma-
t'lrity that it became more political and
p lilosophlcal. In that column file can be
f( und some of his finest writing.
Because of my Interest in the preservation
o Arizona history, Fltz often chlded me that
tl le Arizona Historical Society was concerning
it self with the restoration of old residences
ii. Tucson. Yuma, Prescott, etc.. when In his
o )lnlon the real Arizona history was to be
f ( und in prospectors* camps or pioneer ranch
ci iblns.
These many facets of Fltzhugh caused
» .me of his associates to look upon him as a
complex man. Larry Ferguson described him
aj "a study in contrasts."
"He was kind, gentle, compassionate and
u iderstandlng." Larry said. Yet at times he
ciiuldbe (so) demanding (he was) impossible
t( ' live with or work for. • • • You see, he was
a perfectionist.
"He demanded perfection of himself. He
d imanded it of others. To work for Fltz was
t< 1 search for Utopia. It never quite came oS
t< I his satisfaction, but • • • tomorrow may- .
b !, or the next day. The Gazette's editorial
p iges would be perfect in every way."
This viewpoint also was expressed by Bert
V laltman. Gazette cartoonist, who considered
F ;tz as "the best, toughest, hardest-hitting
editor I ever had. He was also the most stimu-
lating. He caused me to work twice as hard
on a cartoon as I had ever done In 35 years
of cartooning."
Fltz' demand for the best In everyone led
a colleague at The Gazette to remark upon
his death:
"The fire that some of us felt burned too
hot at times has gone out and now It may
seem to be terribly, terribly cold."
If Fltz was demanding on those who
worked with him, all agree that he demanded
more of himself. He firmly believed that
every man should do whatever he was ex-
pected to do.
His final day at the office was Indicative
of his sense of responsibility. His last edi-
torial was removed from the typewriter with-
in the hour of his departure for the hospital
where he was to seek relief from back and
leg pains.
At the time he became ill he was writing
the report of a committee appointed to
evaluate the Arizona Academy's Town Halls.
He wrote final changes, painfully and labori-
ously, in long hand from his hospital bed.
In Intensive care two days after lung sur-
gery he marked an absentee ballot in the
November 7 general election. Didn't he be-
lieve that every good citizen shovild vote?
Ed Fltzhugh was a native of Phoenix, the
son of a native Arizonan. His paternal grand-
father came to the state as a boy In 1847.
Fltz was first Introduced to Journalism at
Phoenix Union High School where his as-
sociated Included Gov. Jack Williams, Reg
Manning. Republic cartoonist, and Jack
Lefler, Wall Street columnist for The As-
sociated Press. He had hoped to be a car-
toonist when he came to work for The
Phoenix Gazett*. but he turned to sports
and became sports editor before leaving for
California at the age of 20.
He worked for the old San Francisco News,
the Sacramento Bee. and the Los Angeles
E.xamlner before settling down for 20 years
at El Centro where he became an editor and
columnist and at one time published his own
weekly.
In 1951 he became editor of the Chicago
syndicate which already was selling his col-
umn. Five years later he went on to write
editorials for the Indianapolis Star, and 14
years ago he returned to his beloved Arizona,
the city of his birth, and his first newspaper.
His experience had been as varied as his
talents.
Some on The Gazette, paraphrasing, re-
marked the other day that Fltz had gone
on to work for that big newspaper in the
sky. You can Just bet that by the time we
catch up with him he will be working to
Improve it.
[From the Phoenix Gazette, Dec. 4, 1972]
I Edwin A. FrrzHUOH
' (By Don C. Urry)
Only seven weeks ago Ed Fltzhugh sat In
the chair from which, as editor of The Phoe-
nix Gazette for the past 14 years, he had
written his outspoken and competent edi-
torials and his always perceptive, often beau-
tifully sensitive column. "Close to Home."
The chair Is empty, the office is dark. An
outstanding editor has left the American
scene, and to those of us who knew him well
his loyalty and his pride in Journalistic ex-
cellence will long be missed.
The list of his accomplishments in news-
paper work Is both varied and distinguished.
His many years of extensive reporting — even
as editor he never forgot that the life-blood
of a newspaper is good reporting — ranged
from some of the nation's most famous trials
to the national political conventions and
foreign affairs. He had been a syndicate edi-
tor, the publisher of his own weekly in Cali-
fornia, an editorial writer for The Indianapo-
lis Star. He cherished the thought In 1958 of
returning to Phoenix, his birthplace, as edi-
tor of The Gazette, the paper where he had
started some 30 years earlier as cub and later
as sports editor.
Through his whole career ran the thread
of intense striving to bring out the best in
himself and in tbe work of others. His high
talent as a writer and his self-discipline
combined to make him a most facile producer
of readable, incisive newspaper copy. He could
be hard-hitting and he could be gentle. He
could dispose trenchantly of a public issue
that aroused his anger, and in the next hour
he could write a column that sensitively bal-
anced the ideological aberrations of Charlie
Chaplin with the great comedian's genius as
an entertainer.
He found time to become exceptionally
well versed In constitutional law and in the
history of Ctommunlst subversion in this
country. Aside from hla professional work he
contributed to his community through such
activities as membership on the Community
Council's board, the presidency of Friendly
House, and participation in the executive
planning of the Arizona Academy whose
Town Halls often benefitted from his skill
as a coordinator and analyzer of committee
reports.
Away from the workaday world. Fitz was
an enthusiastic outdoorsman with deep fam-
ily and personal roots in the back country
of Arizona, on which he was an expert. And
the hands that could make a typewriter sing
coulc". also make wood carvings of rare beauty.
A sense of shock at an untimely loss sad-
dens his colleagues. None who knew him
could doubt his sincerity, nor fall to respect
the firmness with which he held his beliefs.
In an era of submissiveness. he was a fighter
for what he held to be right. But he was also
a friend whenever a friend was needed,
whether it was a family in sickness or a
disconsolate boy crouched on the street
beside an injured dog. There have been too
few like him.
[From the Arizona Republic, December 5.
1972]
"30" FOR A Colleague
(By Frederic S. Marquardt)
Ed Fltzhugh once summed up his attitude
toward life in these words: "I'm very com-
petitive."
As editor of The Phoenix Gazette, Pltz oc-
casionally locked horns with members of his
own staff, or wlih the editors of The Arizona
Republic. His convictions ran deep.
When It came to making editorial policy
he always knew what he believed and was
able to argue his point. But he also knew
how to concede graciously If he became con-
vinced he was wrong.
As must happen between competing
newspapers, there were times when we on
The Republic did not see eye-to-eye with
our opposite numbers on The Gazette. But
we respected each other, and we knew there
was room for more than one opinion on
most questions.
Fltz died Sunday, after a bout with cancer
and an operation from which there could be
no recovery. It was tj-pical of the man, how-
ever, that he spent five weeks In the recov-
ery room before he went "gentle Into that
good night."
He was attracted to newspapers during his
Phoenix Union High School days, spent with
such luminaries as the Goldwaters, Jack
Williams, Blanche Friedman Bernstein, and
Reg Manning. He worked for newspapers in
San Francisco and Indianapolis, edited a
syndicate In Chicago and returned to Phoenix
14 years ago In between he achieved the
goal of every newspaperman — be edited and
published a weekly newspaper.
That happened to be in El Centro, where
he learned about the water problems facing
both California and Arizona. He also learned
about communism by covering a major trial
of California Communists.
While newspaperlng was his vocation, the
law and wildlife were his avocations. Fltz
subscribed to a special service that brought
January 4, 1973
CONGRESSIONAL RECORD — SENATE
353
U.S. Supreme Court decisions to his desk as
soon as they were promulgated. He read
them wi:h more understanding than any lay
editor we have ever known.
Fitz was a conservationist before It was
the "In thing." He liked to hunt, but he
liked the great out-of-doors even more, and
many of his editorials testify to his determi-
nation to pass the wilderness on to future
generations.
On the wall of his now quiet office there
hangs a photo of a horse-drawn carriage on
a dirt road In front of the Phoenix Enter-
prise which later was merged into the Arizona
Gazette.
The photo was taken on Second Street In
PhoenLx in 1905, four years before Fitz was
born. It was the old Phoenix that Ed Fltz-
hugh loved so well.
A life dedicated to making those old
traditions mesh with modern times was not
spent in v^n.
PRESS BLACKOUT ON INTERNAL SE-
CURITY SUBCOMMITTEE HEAR-
INGS ON DRUG TRAFFIC
Mr. THURMOND. Mr. President, late
last fall the Senate Internal Security
Subcommittee, of which I am a member,
held extensive hearings and published
extensive staff studies on the worldwide
narcotics problem. Key witnesses in-
cluded such distinguished citizens as for-
mer Marine Gen. Lewis Walt and Dr.
Olav J. Braenden, Director of the United
Nations Laboratory. Despite a continual
press campaign on the subject of nar-
cotics— much of it aimed at loosening
our narcotics laws — very little attention
was paid by the press. Included in the
hearings were authoritative statements
by experts and many constructive sug-
gestions such as General Walt's proposal
to use satellite technologj' to monitor
worldwide the fields of growing poppies.
The hearings also showed that stricter
narcotics laws are the answer to clean-
ing up the drug problem. Japan has led
the way in this field and has virtually
eliminated its own menacing addiction
problem.
The hearings also underline the fact
that Communist China refuses to *co-
operate with any worldwire monitoring
system and opens itself to grave suspi-
cion of complicity in the drug traffic.
Although these hearings were quite ex-
tensive, they were very thoroughly sum-
marized in brief by the Washington
newspaper, Human Events, virtually the
only publication to give them due atten-
tion.
Mr. President, I ask unanimous con-
sent that the series of articles from
Human Events on the press blackout on
the drug hearings be printed in the
Record.
There being no objection, the articles
wes^rdered to be printed in the Record,
as fonbws:
Why Press Blackout on Drug Hearing?
Sen. James Eastland's (D.-Miss.) Senate
Internal Secvirlty subcommittee has just
finished holding some remarkable hearings
on the worldwide nsircotics traffic, but for
some curious reason the media have faUed
to give them extensive coverage. The topic
of the subcommittee's probe was clearly pro-
vocative and newsworthy, while the wit-
nesses, including former Marine Gen. Lewis
Walt and Dr. Olav J. Braenden. director of
the United Nations Narcotics Laboratory, had
a certain star quality about them.
CXIX 23— Part 1
The Information divulged at the hearings
was strikingly new In some Instances, and
could still have a significant impact on the
way the Administration, the Congress and
the public view how to handle the drug prob-
lem here at home. Yet the newspapers and
the TV gave short shrift to the subcommit-
tee's work.
The hearings produced evidence that the
dissemination of drvigs in the United States
could probably be brought under control if
we were \esr lax in meting out stiff penalties
to drug pushers. Indeed, the subcommittee
not only revealed the astonishingly light
sentences dished out to hard-core peddlers
in this country, where drugs are a persistent
and serious problem, but showed that In
Japan the government crushed a near drug
epidemic through swift and stern punish-
ment for the pushers.
Moreover, both Gen. Walt and Dr. Braenden
testified as to the dangers Inherent in mari-
juana, with Walt taking direct issue with
the government-appointed Shafer Commis-
sion and its rather casual attitude toward
the use of pot.
In addition. Gen. Walt testified that our
Southeast Asian allies — contrary to many
sensationalized press reports — have been ac-
tively cooperating with the U.S. in stamping
out the international drug trade. Walt also
extensively dealt with Communist involve-
ment in this trade, and pointed an accusa-
tory finger at Red China for doing virtually
nothing to allay strong circumstantial evi-
dence that it is conspiring to sell heroin on
the world market.
Further, Gen. Walt, who travelled to Eu-
rope and Asia for the subcommittee to gather
first-hand knowledge about the International
drug market, prepared a 102-page report on
his findings and recommendations, a copy
of which can be obtained from the subcom-
mittee. Yet save for a few scattered aiid In-
complete news stories, the media, which have
avidly published stories on narcotics at vari-
ance with Walt's findings, wasted few words
on Walt's detailed report or the hearings
themselve'i.
But both, we suggest, produced some ex-
tremely important Information, information
that could prove enormously helpful in com-
batting the serious drug problem facing this
country. Why the press chose to pretty much
ignore the subcommittee's drug probe might
be a proper subject for Accuracy In Media
(AIM) to pursue, since AIM seems to be one
of the few organizations that can persuade
the media to correct errors and to publish
overlooked news stories. (See story on AIM,
page 6.)
Meanwhile, we will highlight some of the
testimony and findings of Eastland's subcom-
mittee ourselves.
HOW JAPAN SOLVED ITS DRUG PROBLEM
In his 102-page report to the Senate Inter-
nal Security subcommittee, Gen. Walt came
up with various recommendations on how to
combat the drug problem existing in this
country. He called for tYj^yoB^—of a new.
sophisticated reconnaissance\satellite to pin-
point opium production around the world,
an increase in funds for Interpol, which
keeps dossiers on International criminals, and
additional manpower and funds for the U.S.
domestic agencies engaged In the war on nar-
cotics.
But equally Important. Walt, judging from
the way in which other countries have man-
aged to lick the drub problem, advocated far
tougher laws. He believes, for instance, that
there should be no ball for traffickers guilty
of Class "A" felonies. Involving the dissemi-
nation of 16 ounces or more of heroin. He also
advocates mandatory minimum sentences for
Class "A" offenders.
In addition, Walt thinks that capital pun-
ishment should be added to the range of
options open to the courts for imposing sen-
tence on major traffickers. Finally, he thinks
the courts must mete out punishment
swiftly, and he would establish a special court
system to ensure that this could be accom-
plished.
Walt stressed that he Is for tougher laws
because he found that In such countries as
Taiwan. Thailand and Iran, where punish-
ment is both severe and swift, the drug prob-
lem Is under control. But It Is In democratic
Japan, he suggests, where the U.S. might find
ihe solution for stopping the spread of heroin
addiction.
In the late 1950s. Walt reported. Japan be-
came aware that It was facing a serious drug
problem. It was estimated that half-a-mll-
llon Japanese were mainlining amphetamines
and that some 40-50,000 had become heroin
addicts. In 1960 over 2,000 cases Involving
illicit traffic In narcotics came before the
Japanese courts.
The Japanese government began to move
vigorously. It established a "Ministers'
Council for Narcotics Countermeasures" and
an "Anti-Narcotic Drug Headquarters, " and
two Important amendments were attached
to the 1963 narcotics control law. The first
increased the maximum term of Imprison-
ment for traffickers from 10 years to life im-
prisonment. TTie second amendment set up a
system of compulsory hospitalization, plus
follow-up counseling, for drug addicts.
Stated Walt: "In six years time, Japan had
virtually liquidated Its heroin addiction
problem. By 1969 the total number of ad-
dicts was down to 6.008 — of whom 98 per
cent had been addicted to medicinal nar-
cotics under medical treatment. The num-
ber of new heroin addicts reported each year
fell from 1,731 in 1961 and 1,072 in 1963. to
10 In 1968 and three in 1969."
Moreover, said Walt, the stiffer penalties
under the amended law unquestionably
played a role in enabling the Japanese to
liquidate their epidemic. "More Important."
he added, "was th? rigorous manner in
which they enforced the antl-narcotlcs law
and the remarkable — but controlled — lati-
tude accorded to the Japanese police in de-
veloping their Investigations."
Under Japanese law. an arrested person
can be detained and Interrogated for a mini-
mum of 48 hours without attorney or ball.
The police may then get a court order au-
thorizing them to continue the Interroga-
tion for another 10 days. In addition, they
may ask for another court order, giving them
a second 10 days. So narcotics suspects may
be detained a total of 22 days without access
to a lawyer.
Walt stressed that American Bureau of
Narcotics and Dangerous Drugs agents who
have sat in on some of these interrogations
say that the Japanese police do not deny
their prisoners sleep or brutalize them. They
say that the Interrogations are conducted
in a civilized and highly sophisticated man-
ner.
"But by the time the Japanese police have
completed their 22 days of interrogation."
Walt told the subcommittee, "they have gen-
erally wrung the prisoners dry of all the In-
formation they possess concerning confed-
erates, associates, and the narcotics traffic
in general. And when it comes to combatting
the narcotics traffickers, obtaining this kind
of information Is 90 per cent of the game of
law enforcement.
"This, in a nutshell, is why Japan has no
heroin addiction problem, and why the traf-
fickers stay away from Japan, even though
her high standard of living would make
Japan a lucrative market."
SHOULD MARIJUANA BE LEGALIZED?
Dr. Olav J. Braenden. director of the
United Nations Narcotics Laboratory, was
another key witness before the Eastland sub-
committee, but his conclusions on cannabis
(the marijuana plant) were also given scant
attention by the press. Dr. Braenden has
been head of the laboratory since its found-
ing 16 years ago. For the past six years, under
Instructions from the UJf .'s Division of Nar-
354
CONGRESSIONAL RECORD — SEN ATE
January 4, 1973
Janmnj ^, 1973
CONGRESSIONAL RECORD — SEN ATE
355
cotlcs Drugs, he has made cannabis research
a top priority.
Cannabis Is the scientific name for the
marijuana plant. Ordinary marijuana comes
from the leaves of the plant, while hashish,
nearly five times as concentrated as mari-
juana. Is derived from the resin of the
plant.
Before testifying, said Dr. Braenden. he had
contacted a number of scientists In differ-
ent countries who have been collaborating
on various aspects of cannabis research. Dr.
Braenden conversed with Prof. W.D.M. Paton
of Oxford University; Dr. Ole Rafaelsen of
Denmark; Prof. C. Mlras of the University of
Athens, and with Prof. Cornelius Salamlni
of the University of Utrecht In the Nether-
lands.
"Among the scientists working In the field."
Dr. Braenden told the subcommittee. "It
would seem that there Is a general con-
sensus that cannabis Is dangerous — opinions
differ, however, on the degree of the danger
to the Individual and to society. In mj opin-
ion. It seems that, as progressively more sci-
entific facts are discovered about cannabis,
the more one becomes aware of Its poten-
tial dangers."
Dr. Braenden says there Is evidence that,
with repeated use. cannabis tends to build
up in the body tissue. Moreover, there may
be considerable Impairment in driving
ability after oral ingestion of cannabis, and
rat ejcperiments have resulted in a very high
percentage of birth abnormalities.
Even more alarming. Dr. Braenden testi-
fied that Dr. A.M. Campbell and hLs col-
leagues of the Bristol Royal United Hospital
have found "significant evidence of cerebral
atrophy in young smokers."
In spite of the progress made In recent
years in cannabis research. Dr. Braenden
added, much still remains to be done before
there Is an adequate understanding of the
nature and effects of this complex plant.
Addressmg himself to the subject of mari-
juana. Gen. Walt said he disagreed sharply
with the government's commission on mari-
juana— the Shafer Commission — which. In
effect, reconamended the legalization of can-
nabis for personal use and for distribution in
small quantities. Gen. Walt says he agrees
with the commission's belief that youthful
marijuana smokers should not be sentenced
to several years In prison, but he still favors
fining smokers by way of "underscoring the
point that marijuana smoking does damage
to society."
In his own Investigation into the subject,
said Walt, "we are now of the opmion that
several of the commission's basic assumi>-
tlons were In error."
Among the many officials of foreign gov-
ernments with whom Walt and his staff dis-
cussed the Shafer report, not a single one
"shared the tolerant attitude of the Shafer
Commission toward cannabis. In Japan.
France and other countries we were told that
the Shafer Commission report had caused
consternation in the ranks of those con-
cerned with the problem of drug control, and
that it seriously undercut their efforts to
combat the growing use of marijuana In their
own countries."
In several countries, Walt added, embassy
personnel stated that when the Shafer Com-
mission team visited them, it seemed appar-
ent that the team's mind was already made
up and that It was seeking confirmation for
a preconceived point of view.
Walt said he was particularly surprised
that the Shafer team. In the course of Its
foreign travels, did not once take the time
to check In with Dr. Braenden. Dr. Braen-
den's U.N. office. Walt remarked, is a clearing
house for some 30 laboratories working on
heroin and marijuana research.
Thus, said Walt. It is difficult to accept the
Shafer report as "gospel." Perhaps, suggested
the retired Marine general, far more research
should be made into the effects of cannabis
before we embark on the radical course of
legalizing marijuana as advocated by the
Shafer Commission.
MORE OK RED INVOLVEMENT IN WORLDWIDE
DRUG TRATTIC
While Gen. Walt makes the point that the
world drug traffic Is primarily a criminal
phenomenon, he also emphasizes that the
evidence Is clear that Communists In various
parts of the world have been Involved in the
drug traffic In significant ways. "In fact," he
adds. "I find It Impossible to understand how
our media can Ignore the clear evidence of
Communist Involvement while exaggerating
out of all proportion the charge that corrup-
tion among our Southeast Asian allies is the
primary cause of the drug epidemic in our
country."
The evidence taken by the Eastland sub-
committee, he pointed out, established that
in one of the largest heroin smuggling cases
on record. Manuel Domlnguez SuArez. one-
time head of the Mexican Federal Judicial
Police, made nine trips to East Berlin, each
time returning to Mexico with 50 kilograms
of heroin — which was then moved across the
border Into the United States. Since Su^rez
was able In each case to enter East Berlin
without having his passport stamped, said
Walt. "It is clear that elements of the East
German secret police must have been
Involved."
There Is also the remarkable case of Squella-
Avendano. A prominent supporter of Chile's
Marxist president. Salvador Allende. Squella-
Avendano was arrested In Miami on July 27,
1970. for transporting 203 pounds of Chilean
cocaine, worth $10 million. This was the larg-
est cocaine seizure to date. At his trial,
Squella said he had been slated to receive an
Important post In the Allende government.
"He was." said Walt, "obviously a very Im-
portant man to the Communist network In
the Western Hemisphere, because hard on the
heels of his arrest, the U.S. attorney In charge
of the case was approached with the bizarre
proposition that Squella be exchanged for
four American hijackers then In Cuba." The
offer was subsequently expanded to Include
the master of the "Johnny Express," the
Miami-based ship seized on the high seas last
December by Castro's navy. Since then, there
have been repeated articles in the pro-Com-
munist press in ChUe, hailing SqueUa as a
national hero and a victim of American
Imperialism.
In Southeast Asia. Walt stated, the Com-
munists are up to their ears In the dope traf-
fic. In Laos, he pointed out. the Communists
occupy some 80 to 90 per cent of the oplum-
growlng areas. In Thailand, the Communist-
led guerrillas control an Important stretch of
oplum-produclng land along the Laotian
frontier. In both Thailand and Laos, the vil-
lages where the opium Is grown are under the
thumb of manager-cadres, trained In Peking
and Hanoi. Both movements are armed to a
large degree with Chinese weapons, and both
have their major radio propaganda operations
based In Chinese territory. The money made
from selling opium is used to support the In-
surgency operations.
Conamunlst elements. Walt elaborated, also
play a vital role In the Burma drug situation.
Burma Is the single most Important factor In
the Southeast Asia situation, for here Is
where most of the opium is grown and here is
where most of the refineries and traffickers
are concentrated.
All of the armed groups in Burma, both
pro-Communist and antl-Communlst, have
been Involved In the drug trade. But the area
which the Communists control east of the
Salween River Is reputed to be the most
fertile oplum-produclng territory In the
whole of Burma, and Is credited with some
25 per cent of Burma's total production.
"Burma's production," explained Walt, "Is
estimated at some 400 tons a year, but the
tribesmen use most of It for themselves, ex-
porting only some 100 to 150 tons. Because
it produces the largest surplus of any area In
Burma, the territory under Communist con-
trol may be responsible for as much as 40 to
50 per cent of Burma's entire opium export."
In view of the fact that Peking mothered
the White Flag Communist Insurgency in
Burma and that It still controls them, said
Walt, "It cannot escape moral responsibility
for their role as prime producers in the opi-
um traffic,"
HOW DEEPLY IS RED CHINA IMPLICATED?
Gen. Walt would not draw any firm con-
clusions about Red China's possible Involve-
ment In the drug trade, but he suggested
there Is strong circumstantial evidence that
such Is the case. Further, he makes it clear
that suspicion is quite rightly thrown on the
mainland, at least until It takes positive steps
to comply with International protocol and
conventions designed to stop illegal traffick-
ing In narcotics. The facts pointing to Red
China's involvement, said Walt, are these:
The official U.S. position today Is that we
have no evidence that opium or opiates are
coming out of Red China into the world mar-
kets, but tho possibility Is not excluded that
certain tribal elements In the China-Burma
border area may be moving small quantities
of opium across the border Illegally.
It was conceded by everyone Walt and his
staff spoke to that there Is substantial opium
agriculture in China for medicinal purposes,
at least several hundred tons, possibly as
much as 800 to 1,000 tons a year. Estimates
are. however, that in every country, perhaps
10 per cent of the total output escapes into
the illicit market, even when that country is
hard at work cracking down on traffickers.
Thus. Walt hints, even If R«d China Is not
deliberately selling opl\ixn on the world mar-
ket. It Is quite possible that 80 to 100 tons of
opium grown on the mainland find Its way
Into the international drug trade.
There can be no question, said Walt, that
large quantities of opium were coming out of
China In the 1950s and early 1960s. The re-
pots which the United States and the
British government filed with the United
Nations made this charge year after year,
much of it buttressed by hard items of evi-
dence. The report filed with the U.N. In 1962,
for Instance, described In-depth Interviews
which a senior American narcotics agent had
gathered from three Yunnanese. one of whom
had served as a mule skinner In a series of
opium caravans moving from Yunnan into
North Burma.
The report of the U.N. Commission on
Narcotic Drugs of May 14-June 1, 1962. sum-
marized the evidence: "With reference to the
question of the origin of opium In the
Burma-Mainland China-Laos-Thailand bor-
der areas. Information was reported by the
representative of the United States concern-
ing investigations carried out in recent
months in cooperation with control authori-
ties in the Far East. Three witnesses, former
inhabitants of Yunnan Province In Mainland
China, had made a detailed statement to
United States Treasury Department officials
on the cultivation of opium in Yunnan and
Its export from there to the Shan states of
Burma,
•One witness had himself been a cultivator,
and in 1953 and 1956 he had also, with his
mules, joined caravans transporting opium to
the Shan frontier, where he assisted in its
transshipment into trucks for transport to a
trading company at Kentuag, Burma. Two
caravans, of 108 and 82 mules, had trans-
ported over four and three tons respectively,
two sealed tins of 20 KG being carried by
each mule.
"The cultivator estimated that some six
tons of opium had been produced annually
in the area where he lived, and that the total
production of the region In 1961 had been
of the order of 1.000 tons."
The director of British customs In Hong
Kong told Walt that he and his staff had no
evidence that opiates were coming from the
mainland. But he also acknowledged that
they were not looking for evidence — that, for
political reasons, they do not search ships or
cargo coming out of Mainland China. Walt
argues that the British administration is not
at fault here, because Hong Kong is in such
a precarious position that the British Just
can't risk a confrontation with China. An
Identical situation, says Walt, prevails In
Portuguese Macao.
What this adds up to, said Walt, Is that
"we have no way of knowing whether Illicit
opiates are coming out of China at these two
critical points. The Peking government may
be scrupulously honest about the ships and
cargoes that travel to and through Hong
Kong and Macao. All of her ship's masters
and crewmen may also be scrupulously
honest. But because her attitude makes in-
spection Impossible, we simply have no way
of knowing.
"China's ability to move contraband
through Hong Kong and Macao — If she Is
disposed to do so — is further enhanced by
the fact that a large number of ships of Hong
Kong registry are operated by companies
known to be controlled by the Peking govern-
ment. . . .
"If China wishes to allay world suspicion,
it Is not too much to ask that It drop its
objection to having ships and cargoes orig-
inating in China subjected to search by
British or Portuguese or other customs offi-
cials. Every civilized nation In the world
recognizes that other nations must have the
right to Inspect ships and cargo sailing under
their flag in order to protect themselves
against traffic In contraband of various kinds.
"If China is to become a fully cooperating
member of the community of nations, she
must abandon the attitude which at this
point assures her ships and cargoes of privi-
leges not accorded by any other nation."
Increasing numbers of Chinese seamen,
many of them based In Hong Kong, are being
apprehended In the United States and
Britain with quantities of heroin. In the case
of the Hong Kong seamen, Walt points out,
"virtually all of them are members of the
Hong Kong Seamen's Union, which Is com-
pletely controlled by pro-Peking Commu-
nists.
"I want to emphasize that there Is no evi-
dence that the union, as such. Is Involved
In narcotics smuggling. But the large num-
ber of Hong Kong seamen Involved in the
traffic does raise some questions, especially
In view of the fact that the Communist lead-
ers are known to exercise tight Ideological
and organizational control over their mem-
bers."
Finally, says Walt, Red China has not
signed the 1961 single conventions on drugs.
Consequently, It does not report to the U.N.
on Its licit opium agriculture, nor does It
accept Inspection of any kind, nor does It
participate In any International drug control
operations.
HOW SERIOUS IS THE DRTTG PROBLEM?
How serious Is the drug problem In the
United States? Our heroin addict popula-
tion, says Walt, is almost 10 times as large as
It was in I960, and almost twice as large as
It was two or three years ago. The estimated
600,000 addicts we have are reportedly re-
sponsible for 50 to 60 per cent of our street
crimes and pptty burglary.
More than any other factor. It Is the rise In
addiction that has "converted our streets
Into dangerous jungles and our cities Into
places of fear, each addict requiring $50 a
day to supply his habit." What America will
be like three years hence If the number of
addicts again doubles almost defies the Imag-
ination, says Walt.
Moreover, says Walt, drug addiction has
all the attributes of a contagious disease be-
cause addicts are under an irresistible com-
pulsion to hook others. Gen. Walt under-
scored this fact by Including In his report
a diagram drawn by British psychiatrist Rene
ae Alarcon. documenting how two addicts in
the small British town of Crawley spread
the sickness of heroin addiction to 56 other
people over a period of five years.
"To be precise," said Walt, "Dr. De Alacron
was able to establish that the two Initial
addicts were directly responsible for initiat-
ing another 46 young people into heroin ad-
diction. The origins of the other 10 cases of
addiction were not clearly traceable, but
there Is reason for beUevlng that the exist-
ence of an addict community In Crawley
played some role. . . . Now multiply the In-
fectious circles In this diagram by roughly
10,000 and you will have some conception of
the problem we are up again-'t In America
today."
Yet, says Walt, he believes the heroin epi-
demic can be halted throufth the use of a
combination of domestic and International
measures, including sophisticated spy satjil-
lltes. trained drug fighters, tougher laws and
diplomatic pressures.
While some believe that the drug problem
stems from ills In society and cannot be
stopped by merely reducing the drug supply,
Walt takes sharp exception to that theory.
"Everything we learned on this trip," says
Walt, "points In the opposite direction — it
points to the conclusion that availability of
drugs is a decisive factor, that availability
can be controlled, and that, were It con-
trolled, the rate of addiction is automatically
limited."
The GI's in Korea are basically the same
GI's we have in 'Viet Nam, argues Walt. They
come from the same, broad cross-section of
society and they have, by and large, the
same strong points and the same complex
of weaknesses. Yet In Viet Nam our forces
were caught up In a "massive heroin epi-
demic" when high-grade heroin became sud-
denly available at 81 a vial. This "saturation
attack," Walt explained, "succeeded for the
simple reason that no one had foreseen It
and neither the South Vietnamese govern-
ment nor our own armed forces had erected
any defenses that might have dammed the
influx as It got started."
In South Korea, by way of contrast, heroin
Is not readily available because the South
Korean government enforces its anti-nar-
cotics laws In a stringent manner. In con-
sequence, the heroin addiction has been kept
at a very low level among our armed forces
there.
Mainland China and other totalitarian
countries, notes Walt, have no problem in
controlling addiction because of the Drac-
onian manner in which they enforce their
laws. Addiction Is also effectively controlled
In authoritarian governments like Taiwan
and South Korea.
"Most important of all from our own
standpoint," says Walt, "is the Japanese ex-
ample, because the Japanese have show-n
that It is possible to roll back a far-ad-
vanced epidemic within the framework of a
highly Democratic society. This they suc-
ceeded in doing by tough laws, rigorous en-
forcement and heavy penalties. Their suc-
cess Is all the more striking because their
high standard of living would under ordi-
nary circumstances, make their country a
prime target for the International drug traf-
fickers."
HEROIN TRAFFICKERS AIDED BY LAX LAW
ENFORCEMENT
To explain why we are having so much
trouble combatting dope pushers Walt In-
troduced some Interesting charts dealing
with the handling of narcotics offenders In
New York City from Jan. 1. 1969. through
Oct. 31. 1971. These charts dealt with Class
"A" felonies: i.e.. felonies Involving more
than 16 ounces of heroin. Sixteen ounces
have a street value In New York of about
$170,000, and is enough for about 20,000
injections.
In the first chart unveiled by Walt, more
than 20 per cent of those arrested had been
arrested a minimum of 10 times previously,
that over 50 per cent had been arrested at
least seven times previously, and that almost
5,1 per cent had been arrested over 18 times
previously. Many of these previous arrests
were also on narcotics charges.
The second chart showed the sentences
handed down In Class "A" drug indictments.
Nearly 40 per cent — 38.1 per cent to be pre-
cise— got off with less than 10 years. With
parole and good behavior, most of those with
sentences of less than five years can be out
on the streets again In two years or less.
Yet this Is only part of the story, says
Walt. Major traffickers about whose guilt
there was absoutely no shadow of a doubt
have been acuuitted on the "basis of tech-
nicalities which would not be honored by any
court in any other civilized country. Many
more have skipped ball, even when the ball
has been set as high as $50,000 and $100,-
000. And. among the smaller offenders, many
have never been brought to trial, while many
others have gotten off with suspended sen-
tences."
END THE WAR
Mr. FULBRIGHT. Mr. President, the
time for debate on the merits of the
war in Vietnam is past. The war has been
debated for the last 7 years and has been
shown to be without merit from the
standpoint of American security and na-
tional interest.
By the time of the 1972 election, only 2
months ago, Mr. Nixon seemed to have
accepted the war's futility. He as.sured us,
through his closest adviser, that peace
was "at hand. " The President himself
told Gamett Homer of the Star in an in-
terview given on November 5 and pub-
lished on November 9:
Let me tell you this on Vietnam — when I
tell you I am completely confident that we
are going to have a settlement, you can
bank on It.
On election eve. November 6. 1972,
President Nixon assui'ed the American
people that, despite remaining "de-
tails,"—
I can say to you with complete confidence
tonight that we will soon reach agreement
on all the Issues and bring this long and dif-
ficult war to an end.
Once again Mr. Nixon has betrayed
the promise of peace, just as he betrayed
it after his election in 1968, and just as it
was betrayed after the election of 1964.
Owing to the secretiveness of the ad-
ministration, we do not know exactly
what went wrong with the October
agreement. But by available evidence
the President, after the election, clianged
his terms of peace, which had been
agreed upon in October, not just in tech-
nical detail but in the very substance^ of
the agreement. He did this, apparently,
by demanding North Vietnam's recogni-
tion in some form of the Tliieu regime's
"sovereignty" in South Vietnam. This iii
effect would require North Vietnam to
disowii the Vietcong. which aL^o claims
"sovereignty" in South Vietnam. That
indeed is what the war has been about:
who is to be sovereign in South Vietnam.
The October r.greement left this unde-
termined, just as the war itself had left
it undetermined. That ver>' imprecision
made agreement possible. Now Mr. Nixon
seeks to pin down in an agreement what
has not been won in the war: the right
of the Thieu regime to perpetuate its
rule in South Vietnam.
In order to compel North Vietnam to
acquiesce in these substantially — radi-
cally— altered demands, as against the
356
4f0NGRESSI0NAL RECORD — SENATE
January I^, 197 s
October agreement, Mr. Nixon launched
a campaign of unprecedented terror
bombing of Hanoi and Haiphong. In so
doing, he has taken the lives of hundreds,
more likely thousands, of Vietnamese
civilians, and he has created many neu-
American prisoners of war, while losing
B-52 bombers for the first time in the
war. and losing them at a prodigal rate.
Now. once again, he has stopped the ter-
ror bombing — at least temporarily — an-
nounced the resumption of peace talks,
and urged the Congress to remain silent,
uncomplaining, and uninformed, on pain
of being held responsible for disrupting
the peace talks.
The time for debate — and for delay — is
past. The administration promised peace
but failed to produce it. Unless the Octo-
ber agreement — or some agreement — is
signed within the next few days, surely
no later than the inauguration, it will
be the Congress' responsibility to take
immediate action to end the war by cut-
ting off funds for its prosecution. The
Senate voted to do that twice last sum-
mer, but those efforts were aborted,
largely to allow the administration the
opportunity to prove the effectiveness of
its strategy for peace. If, as now appears
quite possible, that strategy has col-
lapsed^it^is Congress' responsibility to
deliverTfta the electoral promise which
Mr. Nixon seems now. for the second
time, to have betrayed. That, indeed, is
the consensus of the Foreign Relations
Committee, which agreed on January 2
that if a peace agreement is not reached
by inauguration day, January 20, it will
then become Congress' duty to employ
the legislative process to bring the war
to an immediate end.
Congress has the authority as well as
the responsibility to end the war. At the
same time that the American people gave
the President a decisive mandate for
peace along the lines that he had prom-
ised It. they also gave a decisive vote of
confidence to the Democratic Party in
Congress and in the State houses. The
Democratic majority has been increased
in the Senate, indicating the people's in-
tent and expectation that Congress "
would exercise its constitutional author-
ity with energy and independence.
The matter in any case is not partisan.
The opposition to the war was initiated
7 years ago by Democratic Congressmen
and Senators against a Democratic ad-
ministration. Many Republicans have
actively opposed their own administra-
tion's policy of continuing the war. Now,
more than ever, it is the responsibility
of members of both parties in Congress
to use the legislature's power to cift off
funds to end the war in Vietnam.
I believe that Congress can and should
act decisively immediately after the in-
auguration. In the first instance Mr. Kis-
singer, or Secretary Rogers, should f<p-
pear before aporopriate congressional
committees In ih.i fjrst d^y of the new
session to explain the breii'.kdown of the
peace talks. Thev were invited to meet
with the Foreign Relations Committee in
advance of the new session, on Januarv 2.
but both declined Should the adminis-
tration refuse to allow its spokesmen to
testify, the Congress should proceed on
an urgent basis to consider legislation
to regulate the practice of so-called exec-
utive privilege. Congress and the Ameri-
can people have not only the right, but
the responsibility, to call their leaders to
explain and — if they can — justify in pub-
lic the extraordinary actions of the last
two months. These actions, couched in
secrecy, represent a blatant repudiation
of the explicit assurances of peace which
were given to the American people be-
fore the election.
But beyond the regulation of "execu-
tion privilege." and most urgent and im-
portant of all. Congress can and should
proceed, through its appropriations
power, to bring the war to an immediate
end. Should it fail to do so, we may have
to wait for the election of 1976 before
the war can be ended. By that time, Mr.
Nixon's indiscriminate terror bombing
could well have destroyed North Vietnam
as an organized society, while also in-
flicting incalculable injury upon our own
society and institutions.
Mr. Nixon has, after 4 years, failed to
end the war. He came to the brink of
peace before the election but then, in the
wake of the election, repudiated Mr. Kis-
singer's agreement. That agreement
would have given the Thieu regime the
reasonable chance for survival on which
Ml'. Nixon has insisted; it nould have left
Mr. Thieu with armed forces many times
larger and far better equipped than the
forces of his adversaries. But a "reason-
able chance" is apparently not enough
for President Thieu — or for President
Nixon. They now insist upon a guarantee
of the Saigon regime's predominance in
South Vietnam — a predominance they
have not been able to establish even with
the help of an army of half a million
Americans, or with the pulverizing power
of "Miv Nixon's fleets of bombers.
Mr. Nixon has shown himself at the
crucial moment unwilling to settle for a
"reasonable chance" in the contest with
Vietnamese communism. He still wants
the victory and the submission of the
^^enemy that have eluded two Presidents
>for 7 years.
The President's failure to end the war
has now thrust the responsibility upon
the shoulders of a Congress which has
long struggled to escape it. But the re-
sponsibility is now inescapable. It is up
to Congress, through its appropriations
power, to end the war and to allow the
North and South to settle the question
of who rules Vietnam. That is the kind
of peace Mr. Kissinger almost attained,
and it must be recognized that an essen-
tial element to such an agreement is that
it might result eventually in a Commu-
nist South Vietnam, although we hope it
will not. If the Thieu regime is capable of
marshaling its superior resources, it will
prevail without further American par-
ticipation. But if it cannot, the Vietcong
will prevail. That is the meaning — the
only possible meaning — of a "reasonable
chance."
For several decades American Presi-
dents have made war as they saw fit be-
cause Congress seemed incapable of as-
serting its constitutional war power. Now.
in an ironic twist of events, the President
seems incapable of making peace and it
is up to Congress to fill the void. It is a
considerable responsibility, but it cannot
be avoided. If Congress does not now ac-
cept responsibility for ending the war,
then it must share in full measure with
Mr. Nixon the responsibility for perpetu-
ating it.
Mr. President, I ask unanimous consent
to have inserted in the Record certain
letters which I have received showing the
intense dismay of our fellow citizens with
the renewal of the war in Vietnam.
Mr. President, I also ask unanimous
consent to have inserted in the Record
the December 29. 1972, issue of World-
wide Treatment of Current Issues. This
press summary of world reaction to Mr.
Nixon's recent bombing campaign shows
a predominant attitude of revulsion on
the part of America's friends and allies
as well as other countries. A character-
istic reaction was that of the Times of
London, which spoke of a "revulsion of
feeling across the world."
There being no objection, the material
was ordered to be printed in the Record,
as follows:
Athens. Ohio.
December 22, 1972.
Senator William Fulbright,
U.S. Senate.
Washington, D.C.
Deab Senator Fulbright; May I express
to you my full support for your efTorts to
attain peace in Viet Nam. The resumption
of bombing of Hanoi at this time when all
Americans have been led to believe that peace
is close at hand dangerously erodes our con-
fidence in our own government. These bomb-
ing raids senselessly kill Vietnamese civilians.
take us further away from the objective of
peace and endanger the lives of our own
prisoners of war. Could any action be more
irrational and irresponsible at this time?
Millions of taxpayer dollars are diverted
from the goal of solving internal American
problems for the support of this unpopular
and Immoral and murderous war. We have
lost this war already and need no longer
seek to save "honor." The continuation of
bombing attacks now undermines support
for American goals all over the world. We
stand condemned in world opinion all over
the civilized world.
Our only hope is that the U.S. Senate and
the Congress will put an end to financial sup-
port of this new and demented escalation.
The American electorate has been promised
that peace was in sight and President Nixon
has been reelected on the basis of peace
hopes. These hopes are now dashed anew.
It is the legislative branch of our government
that must now act.
I urge that the Senate act now and with
new aggressiveness to obtain for us the peace
that Mr. Kissinger had within his reach and.
lost. i
Yours sincerely, '
Joseph M. Burns,
Ohio University.
Salem, Va.,
December 20, 1972.
Hon. J. William FtrLBRiCHT,
U.S. Senate,
Washington. D.C.
Dear Senator Fulbright: We believe the
current impasse In the secret negotiations
between the United States and North Viet-
nam can be attributed directly to President
Nixon. After eight years of inconclusive war
in Southeast Asia in which the basic ques-
tion h.as been sovereignty over South Viet-
nam, 'iovv can he now insist that this issue be
settled in Paris in a manner favoring South
Vietnam? After eight years of abortive nego-
tiations, how can he accuse the North Viet-
namese of being devious? To us the answer is
naivete, monumental in the face of eight
years of frustrating war. or intransigence,
monumental in the face of the fervent ex-
pectatlorvs of the American people.
Now, with the settlement "991- complete,"
Nixon orders the heaviest bombing raids in
historv— In defiance of the will of the Amerl-
Januanj 4, 107S
CONGRESSIONAL RECORD — SENATE
Was bringing us peace an election promise
that was never meant to be kept?
We strongly urge that you exert your
powers m asking the President to live up to
his promise for peace. "Get out of S.E. Asia
'"'^' «n<zer'"boniblng is the only response he the mining has resumed In Vietnam. My now." We are fed up with the nillitary
and anger bomomg IS L e y h hopes and the hopes of so many have again spending and the unnecessary loss of human
'^'Ni^xon is unable to settle this war. Con- been dashed by the dreadful violence of to- lives.
can people and the conscience of civilization.
Bonibmg has not and never can force the
North Vietnamese to a negotiated settlement
favoring South Vietnam. Nixon should have
Cincinnati, Ohio,
December 18, 1972.
Dear Senator Fulbright: In my opinion.
this is indeed another day of darkness for
ifornPd this by now. but in his frustration me and my country since the bombing and
day and the unnumbered tomorrows to come.
The words of our leaders that I wanted so
desperately to believe have again been proven
ttielrconcept'of courage and humanity have to be mere sounds.
been completely destroyed. I am tired and will no longer accept the
We are ready to support your efforts fi- concept of secret talks aftd being told that
eress must act quickly to this end before the
faith of the American people in their leader-
ip has completely disappeared, and before
Very truly yours,
Edward and Josephine Bove.
nancially and otherwise to the extent of our
capabilities.
Sincerely,
W. Gary Williams.
Rosalind H. Williams.
New York, N.Y.,
December 20, 1972.
Hon. J. W. Fulbright,
Chtirman. Foreign Relation.^ Committee. U.S.
Senate. Washington. DC.
DEAR Senator: On hearing today of the
■peace is at hand" when In actuality the
horror continues. I most strongly endorse
the summoning of Mr. Kissinger before Con-
gress to explain why no peace agreement has
emerged from his long secret negotiations
with Due Tho. I also most strongly endorse
legislation that will force an end to Ameri-
can participation in the Vietnam war.
I can no longer be silent in the face of
this outrage! I can no longer even begin to
comprehend "peace with honor" that is
based on more death and violence. I beg and
rosumption of massive bombing of North entreat you to end this war noit' in the name
of Justice and humanity and to bring our
P.O.W.'s. our troops and our equipment home
now.
Most sincerely,
Mrs. Edward H. Aug.
Vietnam. I am overwhelmed with a help
less sense of moral degradation. The Presi-
dent's barbaric course of action outrages
every sane and humane value of civilization
and brands us as a nation of murderers. You.
above all other legislators, must speak out
louder and plainer and more insistently
than ever before. The President's uncon-
scionable disposition to violence must be de-
cried and curbed — in the name of respon-
sible Americans and humanity itself.
Sincerely and in extremis,
Gilbert Field.
George Peabody College for Teachers.
Nashville, Tenn.. December 21. 1972.
Hon. J. W. Fulbright.
Chairman. Senate Foreign Relations Com-
mittee, U.S. Senate, Washington, DC.
Dear Senator Fulbright: I am writing you
out of a sense of combined guilt, anger, and
despair How long are we as a people and yo^ x,o speak fervently with your Senate
you on Capitol Hill as a Congress going to "colleagues. Speak with them with regard
tolerate the continuation of the war in ^q ^j^g proper responsibility of the Senate In
southeast Asia? the matter of American bombing in Vietnam.
The latest resumption of bombing of -j-gu them that millions of American citizens
North Vietnam Is the very last straw. It ^^g horrified, crushed and made even more
Rider College,
Trenton, N.J., December 22, 1972.
Senator J. William Fulbright,
U.S. Senate, New Senate Office Building,
Washington, DC.
Dear Senator Fulbright: I am compelled
to write to you because of the awful para-
dox of the Christmas season and the news
of the day from Vietnam. I should not like
to broach a subject so crushing to the hu-
man spirit during a week that purports
to be a celebration of the brotherhood of
man. but the heinous military activities In
Indochina force me to do so.
As the old year turns to the new, I urge
Monterey Park, Calif.,
December 21, 1972.
Senator William Fulbright,
Senate Office Building,
Washington, DC.
Dear Senator Fulbright: Nixon has be-
trayed the American people's trust that he
is making peace. Do not let him continue
the V^ietnam war one more day or hour, no
matter what his excuse !
Our military has no business In S.E. Asia.
That Thieu Saigon business is pure hoax.
Do re-assert the Senate's right to help
direct foreign affairs. Congress has not de-
clared war !
Yours,
Mrs. Marjorie Kemmer.
Censure Nixon — M. K.
Have the Congress review the true history
of Vietnam. — M.K.
Philadelphia, Pa.,
December 21, 1972
Hon. William Fulbright,
U.S. Senate,
Washington, DC.
My Dear Senator: The President's latest
actions to escalate the war have realized my
worst expectations. It Is now up to Congress
to take the Initiative to force President
Nixon to abandon his rash aggressive actions
ill Vietnam. After so many years of failure to
achieve peace through bombing we can no
longer wait for the President to promise
peace and then make war.
I wish to ask you to renew your efforts to
investigate our "peace" efforts and vote to
cut off funds for this terrible and unneces-
sary war. '
Yours very truly.
Jack H. Weinstein, M.D.
seems to me that In repeatedly unleashing
our air power against a small state with
absolutely no power to retaliate, this gov-
ernment abandons before the world com-
munity any claim whatsoever to civility.
I sincerely hope that you will exercise your
influence to the fullest toward mandating a
termination of all mllltarv activities in
southeast Asia and the withdrawal of all
United States military personnel from the
region.
I am sure yoxi realize that as this war
continues the Congress is held Increasingly
responsible in the eyes of the American peo-
ple.
With kindest regards.
Sincerely,
Jewell Phelps,
Dean of the Undergraduate College.
New York, N.Y.,
December 20, 1972.
Senator J. W. Fulbright,
U.S. Senate.
Wa.<shington, DC.
Dear Senator: I want to Join the millions
of Americans who are expressing their out-
rage at the barbaric bombing of North Viet-
nam. No political argument. In my opinion,
could possibly justify this sickening and ob-
scene action, an action unprecedented in the
extent of its brutality.
For the sake of humsmity, / implore you
and your colleagues on Capitol Hill to use
what power you can muster to put a stop to
this madness.
Sincerely yours,
Harry Fiss, Ph. D.,
Certified Psychologist.
cynical by the politics of tl.e Nixon adminis-
tration. Americans by the tens of thousands
hope that the Senate will take some measure
cf action to restore itself to Its proper role
as an arbiter of foreign policy; no other sane
redress seems available.
I would further urge you. In reflecting
upon what can be done to restore balance.
Integrity, and civility to our government, to
consider the very serious act of presidential
impeachment. And should you recoil at the
thought of this, I Invite you to compare your
posture to that of the Congress during the
past decade. If an Impreachment of the
president Is not possible, and If Congress
discovers no voice to utter Its revulsion of
U.S. policy in Vietnam what then shall serve
to Indict the crimes against humanity that
are being perpetrated even as I write and you
read this letter?
Please, Senator Fulbright, I urge you to
confer with your colleagues, and greet the
new year, the new Congress, and the re-
turning administration with a concerted
and enraged outcry against the barbarities
visited upon our fellow man in this season.
Very sincerely,
Paul E. Corcoran,
Assistant Professor of Political Science.
NoYAc, Sag Harbor, N.Y.
Hon. Senator William Fulbright,
Senate Foreign Relations Committee, Sen-
ate Foreign Office Building, Washing-
ton, DC.
Dear Senator: With the resumption of
bombing, we have begun to lose faith In our
elected officials.
Sisters of Saint Joseph.
Philadelphia, Pa., December 20, 1972.
Dear Senator: There Is not much I can
say — all I can do Is plead. Please, please let
us end this war. Why can't we end this war?
While we prepare to celebrate Christmas at
home, we resume bombing and killing in
Vietnam. I don't, I just can't understand it
all! And nothlngf nothing can be placed be-
fore me as a reasonable excuse.
Sincerely,
Sister John Christine.
P.S. — Merry Christmas.
Elmhurst, N.Y.,
December 22, 1972.
Hon. J. William F^'lbbicht,
Senate Office Building,
Washington, D.C.
Dear Senator Fulbright: In January I
WTOte to you, congratulating you on your
article In "The New Yorker". I felt then and
feel now that It was the most cogent eval-
uation, of American foreign policy I had
seen.
A year has gone by and there is no more
time for brilliant writing— if is time for
action.
The President has deceived and betrayed
the country and only the Congress has the
power to present even more disastrous
events.
According to the reports in the papers,
you and some of the other "doves" in the
Senate are disturbed by the recent happen-
ings, but believe that it may be dangerous
to disturb delicate negotiations, and that
the AdmUilstratlon should be given a chance
358
CONGRESSIONAL RECORD — SENATE
January ^, 1973
to bring the peace discussions to a con-
clusion.
I believe that such patience Is not Jus-
tified. What is "delicate" about the most
massive and destructive bombing in history?
It has also been reported that you re-
ceived a special briefing by Henry Kissinger.
Whatever he may have told you, I suggests
that he no longer can be trusted or be-
lieved. If he honestly believed In his October
statement that peace was at hand, he was'
obviously as naive — not to say stupid — as
the generals who told us years ago that the
end of the war was In sight. If he knew
better, he participated as a tool of the Presi-
dent In a colossal fraud on the American
public, exclusively for partisan political pur-
poses
We have no peace because President Nixon
is obsessed with the fear of being the first
American President to be defeated in war.
He refuses to accept the fact that we already
have been defeated. Some day our military
forces will have left Indochina. Whenever
that happens, within weeks or days the
Thieu regime will collapse. There is nothing
we can do to prevent this and the so-called
peace negotiations are a cruel joke.
We are also told that we must protect
Saigon from a bloodbath. Is the shedding
of blood evil only if Infilcted on certain
people? Are the women and chUdren of
North Vietnam, slaughtered by o\ir bombs,
any less human In the eyes of God?
President Nixon has made up his mind to
flght on to a military victory, with total
disregard of human suffering and oblivious
to the real Interests and the wishes of the
American people.
Only the Congress can now stop this
madness.
As one of the most respected Senate lead-
ers you have an obligation to act on your
convictions.
There Is no time — I urge you, I implore
you. I beg you to do everything In your
power to persuade your fellow Senators to
take whatever congressional action Is re-
quired to
Stop the war now.
Respectfuly yours.
Otto L. Hollander.
Floral Park, N.Y.
December 21, 1972.
.Senator J Wit.liam Fulbricht,
Chairman. Foreign Relations Committee,
Senate Office Building, Washington,
DC.
De.\k Senator Pulbright: It appears that
the American people have not been able to
depend on their past presidents, and not
even our current one. to end the killing and
horror of Vietnam. Our only hope appears
to be our representatives in Congress.
Therefore, I beg. Implore, and urge you to
take whatever action is necessary to put an
end to this needless bloodshed.
Respectfully yours.
Hayden F. Allen.
Seattle, Wash.
December 19, 1972.
Senator William Fllbright,
US. Senate.
Washington, D.C.
Dear Sir: It is difficult to get into the
Christmas spirit when I know that my tax
dollar ii being used to bomb and kill civilians
In Vietnam. I am writhig to you because I
do not understand why we cannot get our-
selves out of this quagmire. It seems obvious
to me that the only parties who are going to
iettle the Vietnam question are North and
South Vietnam. It also seems obvious to me
that our continued involvement can only
prolong the differences and the war. If these
two things are true then the equally obvious
conclusion is to negotiate for our prisoners,
sxtrlcate ourselves from the confiict and let
the two concerned parties resolve their dlf-
rerences without outside interference. Even
if this means civil war, the bloodbath would
be less than the one we are currently per-
petuating with technology. At least a Viet-
namese civil war would be one of Ideology
rather than the vague and shifting explana-
tions the United States uses to support Its
position. The wording of any agreement we
reach with the North seems to me to be
meaningless unless the South Is a full par-
ticipant In the negotiations and It also seems
to me that we would be much more effective
In getting the North and South together for
a truly meaningful settlement If we were
outside the confiict ourselves.
Maybe I am being naive but I do not un-
derstand what the administration is doing.
Since you have recently spoken with Dr.
Henry Kissinger perhaps you can explain to
me why I am wishing my friends "Peace on
Earth, Good Will Toward All Men" while I
am helping fund a government which Is mak-
ing "War On Earth and Killing Men."
Very truly yours,
j Dean E. Nichols.
Report Concehnino Laos Expendittjres
Santa Ana, Calu-.
December 20, 1972.
Senator J. W, Pulbright,
y.5. Senate,
Washington, D.C.
Dear Senator FYtlbright: Knowing your
position on Viet Nam, I ask you to once more
redouble your efforts to re-establish con-
gressional authority through a legislated
American withdrawal — both military and
civilian.
Congress must not be allowed to abdicate
its responslbUltles and hide behind an execu-
tive which hides from the people. Congress
Is clearly our only hope and our last hope. I
know you have fought long and hard, but the
Initiative must once again be assumed by
Congress. Our confidence and total support
are with you.
Yours sincerely,
Peter B. Atherton.
Washington, D.C.
December 22, 1972.
Senator William Fttlbhight,
Senate Office Building,
Washington, D.C.
Dear Senator Fot-bright : Cannot the Sen-
ate and Congress have some say in the con-
duct and settlement of the undeclared war
in Vietnam? Not only is the resumption of
massive bombing Incredible, but the power
of the presidency is becoming incredible.
Sincerely,
Ms. Dorothy Smith.
Cincinnati, Ohio.
Dear Senator Fulbright: I am writing to
pleat! for the lives of those 300 people who
will die In Vietnam tomorrow and everyday to
come that Nixon Is allowed to continue his
automated air war, reigning terror on South-
east Asia.
Its gotten to the point where I don't have
much faith In either the American govern-
ment or what It stands for. I'm hoping peo-
ple like yourself will do something to change
that. Please, sir, do all in your power to stop
Nixon and Kissinger from continuing the
bombing and put an end to this war, before
more people die.
Sincerely,
DiNiECE Sprinkle.
Roosevelt, N.J.,
December 20, 1972.
Senator William Fulbright,
Washington. DC.
Dear Senator Ftlbright: This letter Is to
encourage you to relnstltute any congression-
al method that you might have at your com-
mand to put pressure on Nixon and his re-
cent moves that appall me. In great appre-
ciation for all of your past efforts, It seems
to me that the time Is again ripe for some
drastic move. Realizing how frustrated you
must be, even there In some position of
power, and totally Impotent In this respect
you must see how the plain citizen feels i
Thanks again for all you have done in the
past, and with great hopes that you will do
more in the future,
Sincerely,
Robert E. Muellbe,
Pittsbuegh, Pa.,
December 22, 1972
Dear Senator Fulbright: Please, sir, as
chairman of the Senate Foreign Relationa
Committee, do whatever is necessary to stop
this Inhuman, wilful slaughter In Asia. It £
hard to find vocabulary and syntax to ex-
press the horror, the shame, and the disll-
luslonment many of us feel as this country
goes on mercilessly bombarding the countries
of Indochina. We have no means left to pro-
test. Civil liberties are in danger; the election
was fraudulent, Insofar as it offered bread
and delivered a stone; and nothing seems ef-
fectively to restrain the President from prose-
cuting a war that\urns us all Into tax-pay-
ing accomplices. \
It is not time to begin the whole song and
dance anew. It is time to act firmly to make
this country acknowledge that it Is not a law
unto Itself and that other peoples of the
world have the right to settle their own af-
fairs outside of our modern chamber of
horrors.
Yours sincerely,
LiANE Norman.
Berkeley, Calif.,
December 20, 1972.
Hon. J. William Flt-bright,
U.S. Seriate,
Washington, DC.
Dear Senator Fulbright: Don't let that
big Nixon vote fool you (though I'm sure
you won't) !
There's a leadership gap which needs to be
filled by moderate men such as yourself.
My children are asking me why the bomb-
ing has started again If we are so close to
peace. My answers cannot be printed. But
I do tell them not to worry, that Senator Ful-
bright will speak up.
Nixon's renewal of the bombing— in fact,
the bombing overall — fits right between Rus-
sia's crushing of Hungary and Czechoslo-
vakia and Italy's bombing of Ethiopia. That's
a helluva place for the USA to be. What do
we say to the next generation? "They
wouldn't sign their Ho Chi Minh on the
right line so we tried to bomb them into
submission." How does that compare to our
position to never give In? After all, we have
always glorified men who put their prin-
ciples above any hardship. The North Viet-
namese must be pretty tough folks to be
able to endure full scale military attack
from the most powerful nation on earth.
Senator, please lay it on heavy. Somebody
ought to remind Mr. Nixon that he wasnt
elected to blot America's name In history.
Even people who don't root for the under-
dog don't want to see him beaten up and
bullied.
We're so outraged by the renewal of bomb-
ing that my writing is falling to make sense.
Please help.
Peace,
Daniel Satban.
[Prom the Media Reaction Analysis, Dec. 29,
1972]
Vietnam After the Christbcas Pause
summart
Foreign media comment on American
bombing of North Vietnam following the
brief pause over Christmas grew generally
more critical, at times emotional. A number
of observers questioned the validity of U.S.
strategic assumptions, and some who nor-
mally support American policy stressed that
the coin has two sides but did not endorse
the bombing.
January J^, 1973
CONGRESSIONAL RECORD — SENATE
359
A commentator on West German television
called the bombing "a man-made catas-
trophe' and declared. "Even if this Inferno
of brute force motivates counter-terror by
the North . . . the terrible association cre-
ated by the American bombing destroy all
possible arguments about who Is responsible
for the breakdown of the Paris negotiations."
Oslo's Aftenposten Judged the attacks "un-
necessary military pressure" but pointed out
that "In reaction to this Intensification of
the war another essential feature of the con-
flict has been Ignored . . . North Vietnam Is
also carrying out armed activities . . . attack-
ing towns and villages."
The Times of London asserted that re-
sumption of the bombing had caused "so
deep a revulsion of feeling across the world
that many people will wonder what possible
Justification, if any at all, there can be for
It in strictly military terms."
Tokyo's Asahi accused the U.S. of "plan-
ning indiscriminate bloodshed and destruc-
tion m North Vietnam."
A Soviet correspondent of the London
Evening Neics reported the view of "Moscow
observers" that the Brezhnev visit to the U.S.
would be postponed because of the Vietnam
situation.
west GERMAN VIEWS
West German television and newspapers
today gave continued prominent attention to
the U.S. air attacks on North Vietnam and
reported protest demonstrations around the
world.
"A man-made catastrophe"
A ccmentator on the first TV network on
Wednesday compared the attacks on North
Vietnam with the devastation caused by the
earthquake in Nicaragua, calling the bomb-
ing a "man-made catastrophe." Rejecting
Swedish Premier Palme's comparison of the
bombings with Nazi atrocities as unjustified,
the commentator nevertheless found recent
statements of American bomber crews about
"haviig a job to do" and refraining from
Judgments about the Job "reminiscent of
the language that we know so well from our
own history . . . which makes It difficult to
refute Palme. . . ." He continued:
"Even if this inferno of brute force moti-
vates counter-terror by the North — and the
brutality of the North Vietnamese In South
Vietnam is out of the range of our vision —
the terrible associations created by the Amer-
ican bombing destroy all possible arguments
about who is responsible for the breakdown
of the Paris negotiations. Unfortunately,
it also destroys the last bit of confidence
In that other America which was once a
combination of power and morality."
Newspaper headlines today said parts of
Hanoi were "an Inferno " and "heaps of
nibble."
"NVN brutality IS REAL"
An analyst In right-center Frankfurter-
Allgemeine wrote on Wednesday that the
efforts by each side to pressure the other
over the Christmas holiday "failed to pro-
duce the desired results." He said President
Nixon showed himself "stout enough to
disavow" Dr. Kissinger, and Hanoi had
proved willing to expose its people and econ-
omy to air attack. He concluded:
"The Hanoi leaders obviously considered
their attitude just and normal. They wanted
to know whether Nixon meant business and
whether he was capable of exercising the re-
quired amount of muscle at the Christmas
season. Now, they know, and the road should
be open for a settlement of reason."
The paper's military affairs specialist wrote
Saturday that while the American bombard-
ment was "vi.sible to all the world. . . . North
Vietnamese brutality stays In the background
of our conscicus'ness, bvit it is as real as the
American attacks. . . .
"Tiie perfidy of the North Vietnamese and
their system is that they are trying to make
the public believe that Nixon is the only one
who wants victory. North Vietnam also wants
victory — and at the last moment. Our Ameri-
can allies are not doing enough to make this
clear, although it seems that Washington
also Is lacking In readiness to compromise."
"ALLIES remain SILENT"
Pro-Social Democratic Frankfurter Rund-
schau, a persistent critic of U.S. policy In
Vietnam, ran a commentary asserting that
Mr. Nixon was "waging total war" against
North Vietnam on a scale exceeding World
War II attacks on London and Conventry and
on Dresden and Hamburg. It concluded:
"But America's allies remain silent. The
Western World idly watches its leading power
destroy its own moral principles."
The Washington correspondent of indepen-
dent-right Die Welt. Hamburg, wrote yester-
dav that the bombing of the Hanoi-Haiphong
area indicated the U.S., "for the first time
since the Cuban missile crisis" would have
"no Inhibltloiis about using Its military
power to the full to achieve its ends. . . .
The President, not Hanoi, Is determining the
course of developments."
west berlin: "bombing c.\nnot long
continue . . ."
The Washington correspondent of West
Berlin's independent Tagesspiegel wTOte to-
day that the bombing of North 'Vietnam "can-
not continue for long" because of pressure
from America's allies, the cost of the attacks,
the growing numbers of POWs. Congressional
opposition, "and the obvious non-utility of
the bombing If it does not bring concessions."
He said "only a few Air Force generals and
their old comrade. Senator Goldwater" be-
lieved— as President Nixon and his advisors
did not — in the efficacy of bombing. The
correspondent predicted further negotiations
between Hanoi and Washington, and only
when they are resumed, he said, will one be
able to assess the results c# "these bad
weeks."
protest one-sided
.\n. editorial yesterday In Independent Ber-
liner Morgenpost declared that demonstra-
tions "directed exclusively at the U.S. . . . military pressure,
degrade the protest to a dishonest and dls- standable that so
reputable farce.
"This one-sldedness turns the original
anti-war protest Into an offensive demon-
stration for North Vietnam, that Is, for the
aggressor. . . .
"There could be peace In Vietnam today If
Hanoi did not resist adequate International
supervision of the truce. The protestors
should demand an explanation of Hanoi for
its refusal. So long as these questions are
evaded, their protest will smell of dis-
honesty."
Pro-Social Democratic Spandauer Volks-
blatt asserted that "the U.S. President owes
the world the full truth of his reason for
continuing the war" and "plausible explana-
tions why the agreement which seemed
ready for signature on October 26 got shoved
back into the drawer." The editorial al.so said
that "both sides .should be urged to put an
end to this murderous game of poker."
FRENCH treatment
F^nch media reported the end of the brief
halt In bombing of North Vietnam, but cen-
ter and Government-oriented papers today
gave the Vietnam story relatively minor play.
Both networks of state-run French tele-
vision carried reports that the Communist
side was boycotting the Paris meetings "to
protest bombings of an unprecedented
violence, causing hundreds of dead and the
destruction of schools and hospitals." The
second network said the French Government
was trying to "get things going again be-
tween the Americans and the North Viet-
namese" and reported Prime Minister Schu-
mann's conversation with the American
Charge d'Affaires and the North Vietnamese
Delegate-General.
Communist Humanite today denounced
the French Government for "its silence In the
face of the genocide" in North Vietnam, and
termed "Indecent" a film transmitted by
French television on Christmas Day showing
American pilots praying before going Into
action.
Vienna: Unanswered Questions
The independent Socialist Party organ,
Arbeiter-Zeitung, of Vienna asked In an edi-
torial today :
"Did President Nixon deliberately deceive
the world when he spoke of 'peace with
honor' before his election? Or did he dis-
avow his emmissary, Kissinger, afterwards?
What points of the October agreement caused
the rupture? Was the U.S. really ever willing
to agree to a political solution?
"Nixon so far has failed to answer any of
these questions. Backed by his election vic-
tory . . . the weakness of the opposition and
the restraint of the Soviet Union, he can
afford to let the bombs rather than state-
ments speak. But it Is not only the victims
who are suffering. The U.S. Is losing Its
credibility In the world."
Sweden : Appeal for End to Hostilities
Lead story on all front pages in the Stock-
holm press today was the "Joint appeal" for
cessation of hostilities In Vietnam by leaders
of all five major Swedish political parties.
Editorials In several papers supported this
"national manifestation."
Typical of widespread comment was that
of liberal Dagens JVy/ieter: ^
"It will not be lost on the world if a well-
protected nation like Sweden expresses its
solidarity with those who are fighting for
their lives in Hanoi and with those in the
U.S. who are pursuing a painful and ad-
mirable struggle for truth and good sense."
Norway: "One-sided Peace Action" Deplored
Norway's most widely circulated news-
paper, the conservative Aftenposten, de-
plored what Is called "one-sided peace
action":
"It's not easy to be a friend of the VS.
these days. The air attacks against Hanoi and
other targets appear to most as unnecessary
Therefore, it Is under-
many, on an emotional
basis, have denounced President Nixon's
decision . . .
"But in reaction to this Intensification of
the war another essential feature of the con-
flict has been Ignored, namely, the fact that
the U.S. Is not acting alone in this armed
confiict.
"North Vietnam Is also carrying out armed
activities at this very moment. Every day
come reports from South Vietnam that North
Vietnamese forces are attacking towns and
villages. But this is forgotten. Intentionally
by those who wish to vllllfy Nixon and unin-
tentionally by those who want peace for alJ
at any price."
WORLD opinion AS A POWER FACTOR
Yesterday, the Labor Party's Oslo paper
Arbeiderbladet, condemned the bombing and
said that "power-politician Nixon has not
taken world opinion into account as a power
factor. The 'vlctor>' that the bombers might
give him can be transformed Into a defeat
that will take the U.S. a long time to make
up for."
A DANISH view: "LACK OF LOGIC"
Independent Jyllands-Fosten of Aarhui
Jutland, a frequent supporter of U.S. policies,
wrote yesterday that "millions of people who
have felt sincere gratitude and devotion to
the U.S. have In recent days also felt un-
happlness about the massive bombing north
of the 20th Parallel In Vietnam." It said that
unhapplness grew out of the belief that "the
continuous fight for democracy is also a flght
for humanity and mercy." It added :
"Besides, there Is an unhappy lack of logic
In the fact that bombs are being dropped on
people who were already suffering from Com-
munist tyranny. Such punishment seema
not only double, but unfair . . .
"Seen from outside. It Is somewhat gro-
tesque and even absurd kind of warfare and
It therefore cannot be defended In the san>»
:i60
CONGRESSIONAL RECORD — SENATE
January 4,
1973
1 .ay as can many other things the US has
Cone during this uiyhappy conflict."
LONDON: RENEWED BOMBING CONDEMNED
British media gave extensive and promi-
iient play yesterday and today to Labour
: 'arty attacks on Prime Minister Heath for his
'. Uence on the question of renewed U.S.
liombtng of North Vietnam. Comment gen-
< rally condemned the resumption of attacks
1 lorth of the 20th Parallel,
The independent Times of London wrote
; esterday In an editorial that the resumption
cf bombing had caused "so deep a revolution
( 'f feeling across the world that many people
' (•111 wonder what possible Justification. If any
( t all, there can be for it In strictly military
terms." It judged such Justification "doubt-
juI," even disregarding "the political and
iioral arguments which are overwhelmingly
£ gainst It." The paper recalled that "the
y ontblng In Britain during the last war stiff-
e nefl the resolution of the people and spurred
t lehi to fight on. as Is well remembered.
There Is little Indication that it will have
anvimore telling effect in Vietnam.
"This Is particularly true in view of the
i lobal sense of horror which has greeted the
rresh bombing Initiative in the north, and of
i.hlch the north are well aware. They may
£ uddenly feel that the world Is on their side."
JENKINS REPROACHES HEATH
A Strongly worded letter from former
c eputy leader of the Labour Party, Roy Jen-
l Inb. to Mr. Heath occupied all but picture
sjace on the front page of the left-orlented
1 laily Mirror and was widely played by other
f apers.
The Mirror said In an editorial. "The ruth-
1 ;ss murder of a nation goes on. Savagely and
trutallty, the Americans bomb the men and
vomen and children of Vietnam, while hop-
l ig to demolish a military target. . . . And
s:ill no word of condemnation from Mr. Ed-
vard Heath. Britain's Prime Minister. . . .
J till no word of condemnation from Sir Alec
Houglas-Home. Britain's Foreign Secretary.
"Why the silence? Could it be because Mr.
I [eath and Sir Alec have been Invited to meet
Mr. Nixon on February 1 and 2?" »
EFFECT ON RELATIONS WITH EUROPE
The Independent London weekly Econ-
cmist. out today, examined the current pros-
pects for European-American relations and
oncUided that "the bombs on Hanoi are
t le worst possible fanfare for Europe." It
r ^asoned :
"Since Mr. Henry Kissinger returned emp-
t --handed from his negotiations with Le Due
1 ho. the already testy state of the Atlantic
debate has grown unmistakably worse. This
!■ as happened at a moment when the process
0 f mending Atlantic tempers, begun a year
a ;o when Presidents Pompidou and Nixon
r let In the Azores, was just getting Into
s:ride."
BOMBING AN "OUTRAGE"
The independent weekly Spectator, also
cut today, commented that "friends of the
IS. and admirers of President Nixon will be
c Ismayed. and those hostile to or jealous of
/ merica and its elected leader will secretly be
c smforted. by the resumption of the bomb-
1 ig of North Vietnam. . . .
"t^aiat has. hitherto, been most Impressive
a bo\M President Nixon has been his practical
deter ninatlon to bring the Democratic Par-
t;'s*</ar In Vietnam to an end. causing as
1 ttl«? damage to American Interests (which
are almost the same as Western Interests) In
t le process . . .
". . . It Is difficult to see any sound mili-
t ir^ reason whatever for the present bomb-
l igt It Is an outrage which cannot but dls-
gus; ;. . ."
BREZHNEV VISIT JEOPARDIZED?
A," dispatch from Moscow by Soviet jour-
ral^^ Victor Louis In the London Evening
^ ews reportey-fchat Party First Secretary
I eohld BrezhnetPs trip to America, "under-
s ;oQd to have be«v set for next spring, Is not
now expected to take place until the autumn,
according to observers" In the Soviet capital.
The correspondent said that "the political
climate Is not right for such a meeting early
next year. An agreement on peace In Vietnam
has not been reached, and without an agree-
ment a visit by the Russian leader Is out of
the question. ... A visit to America by Mr.
Brezhnev would be of great political impor-
tance and he would not want to return home
empty-handed."
TOKTO: PEACE PROSPECTS "GLOOMY"
News reports in Japanese media today
centered on the cancellation of the "open"
Paris talks and on the continued bombing
of North Vietnam.
A commentator on NHK-TV said that pros-
pects for peace In Vietnam are "gloomy"
because the North Vietnamese refuse to
meet with the U.S. side unless the bombing
Is stopped. He concluded, "No progress Is ex-
pected at the peace negotiations so long as
the U.S. supports the position of the Saigon
Government."
Independent-liberal Asahi yesterday ac-
cused the U.S. of "planning Indiscriminate
bloodshed and destruction In North Viet-
nam." adding that It was clear that the U.S.
was "trying to overpower Hanoi by force and
make It accept the U.S. terms.
"It would be a different problem If the U.S.
conditions were really fair and Hanoi alone
was Insisting on unrealistic demands. But
the fact Is that Hanoi Is being denied the
preat cause of national existence because the
U.S. Is trying to force Its contentions by de-
claring that black Is white and reversing Its
earlier position. . . .
"We believe that what President Nixon Is
trying to achieve in Vietnam Is nothing other
than imperialism, colonialism and geno-
cide. ..."
HANOI: TALKS DEPEND ON UNITED STATES
The Vietnamese News Agency (Hanoi) yes-
terday carried a press communl(iue from the
North Vietnamese delegation In ^rls stating
that because of "the very serious and crimi-
nal U.S. escalation of the war against the
DRV the North Vietnamese side "cannot
participate in the meeting of representatives
and experts that the U.S. has proposed on
December 27. 1972. and Is obliged to postpone
the meeting until another date . . . When
the situation existing before December 18.
1972. has been restored, the meetings of the
representatives and experts will be resumed.
"It depends entirely on the U.S. whether
the negotiatlor.s will be resumed or not."
PEKING VIETNAM RALLY
Peking NCNA prominently reported a mass
rally In support of North Vietnam held in the
capital today. Provisional Reovlutlonary Gov-
ernment Foreign Minister Nguyen Thl Blnh
spoke on behalf of the DRV. Chinese Polit-
buro member Yeh Chlen-ylng. who also ad-
dressed the rally, repeatejl earlier expressions
o£ support for Hanoi and condemnation of
"tJ S. Imperialism for Its crime of bombing
the DRV and Intensifying Its war of aggres-
sion."
TASS ON PENTAGON STATEMENT
Moscow TASS yesterday reported that De-
fense Department spokesman Frledhelm had
presented to newsmen a list of bombed tar-
gets classified as "military." TASS said:
"Asked whether non-mllltary objectives had
been bombed on DRV territory, the Pentagon
spokesman cynically replied that he could
not rule out a possibility of that. As Is known,
only recently American bombers hit one of
the biggest civilian hospitals in the DRV,
killing many patients "
COMDR. CHARLES "M" EARNEST—
IN MEMORIAM
Mr. ALLEN. Mr. President, on Novem-
ber 28, 1972, Comdr. Charles "M" Earn-
est, a native of Opelika. Ala., lost his life
in the service of his country in South-
east Asia.
On December 1. 1972, Attack Squadron
75, which he commanded at the time of
his tragic death, conducted a memorial
service for Commander Earnest at the
Chapel of the Good Shepherd, Naval Air
Station Oceana. Virginia Beach, Va.
The service program includes a me-
moriam w^hich speaks of Commander
Earnest's great dedictaion to. his coun-
try, to the military service, and to his
fellow Americans. His dedication should
stand as a guidepost for all of us.
Mr. President, I ask unanimous con-
sent that this memoriam be printed in
the Record.
There being no objection, the me-
moriam was ordered to be printed in the
Record, as follows:
In Memoriam
Commander Charles "M" Earnest. United
States Navy, was born on 8 October 1934,
in Opelika. Alabama. He lost his life in the'
service of his country In Southeast Asia on
28 November 1972.
He graduated from Auburn University In
1955 with a bachelors degree in Physics. Fol-
lowing a year of graduate studies in the field
of Physics, he was commissioned an Ensign
m the United States Navy In August of 1956.
Upon completion of his flight training at
Naval Air Station Pensacola. he was des-
ignated a Naval Aviator in May 1958. During
his career. Commander Earnest flew three
types of operational aircraft — the Douglas
AD-5N Skyralder. the A-4 Skyhawk, and the
A-6 Intruder. The first squadron to which
he was assigned was All Weather Attack
Squadron 33. During this tour he made de-
ployments on USS Independence, USS Sara-
toga, and USS Intrepid, serving as squadron
flight officer, operations officer, and eventu-
ally as Officer-ln-Charge of a detachment of
all weather attack aircraft. After serving on
the Staff of Commander Training Command,
U.S. Atlantic Fleet, he completed two years
of study at the U.S. Navy Postgraduate
School. Monterey, California, where he was
a distinguished graduate with a masters de-
gree In operations research.
In November 1966. he joined Attack Squad-
ron 153. where he served as Maintenance Of-
ficer and Operations Officer in duty which led
to two combat deployments. After serving on
the Staff of the Secretary of Defense as ana-
lyst of Air Force. Army, and Navy Tactical Air
Programs, he reported to Attack Squadron
75 as Executive Officer In May 1971. Com-
mander Earnest became Commanding Of-
ficer of Attack Squadron 75 in June of 1972.
During his career. Commander Earnest flew
over three hundred combat missions and was
awarded the Silver Star, the Distinguished
Flying Cross, thirty Air Medals, the Meri-
torious Service Medal, three Navy Commen-
dation Medals, the Navy Achievement Medal
and the Vietnamese Cross of Gallantry with
Gold Star.
Commander Earnest is survived by hl&
wife, the former Minna Laney Helms, of Day-
tona Beach, Florida: his two sons. Brad and
Bryan; his father and mother. Mr. and Mrs.
MlUigan Earnest; his brothers, Glenn Earnest
and Joseph Earnest: and his sister, Mrs. Molly
Miller.
In lieu of flowers for Commander Earnest,
expressions of sympathy may be donated to
the COW MIA Scholarship Fund, Red River
Valley Fighter Pilots' Association, P. O. Box
9736, Nellls Air Force Base. Nevada 89110.
25TH NATIONAL STUDENT ASSOCIA-
TION CONVENTION
Mr. THURMOND. Mr. President, a few
weeks before the recent national elec-
tions, the National Student Association
January ^, 1973
CONGRESSIONAL RECORD — SEN ATE
361
convened its 25th annual congress in
Washington, D.C. During that period
when national tension was focused on the
electoral process, little note was taken
of the character of that meeting.
As those familiar with the National
Student Association well know, that or-
ganization does not represent the in-
terests of the American students at large,
rather it is an elitist organization dedi-
cated to radical movements and campus
upheaval. It represents a small minority
attempting to disrupt the educational
process. Most of the students that I have
come into contact with — and I speak fre-
quently on university campuses — are in-
terested in the free interchange of ideas
and are dedicated to the pursuit of truth
and intellectual development.
This is appareiitly not true of the Na-
tional Student Association. For years
the NSA has been a repository for radi-
cals, socialists of every stripe, anarchists,
and student militants. Their recent
convention was the perfect example of
these tendencies. Not so long ago, the
Washington newspaper. Human Events
published a comprehensive report on the
25th annual congress of the NSA. The
article was written by Miss Fran Grif-
;f:n, who is, herself, secretary of the
student government at the University of
Chicago where she is a graduate student
in international relations. I certainly be-
lieve Miss Griffin is far more typical of
the American student than most of the
delegates who came to the NSA Congress.
The delegates at that congress were
urged to "liberate" the universities, to
perform all nature of lawless acts and to
engage in other disruptive programs.
Mr. President, I ask unanimous con-
sent that the article by Fran Griffin en-
titled "NSA Aims to 'Liberate' the Uni-
versities" from Human Events. Septem-
ber 30. 1972, be printed in the Record.
There being no objection, the article
was ordered to be printed in the Record,
as follows:
NSA Aims To "Liberate" the Untversities
(By Fran Griffin)
In a reversal of the noisy tradition of
radical student activism that has charac-
terized it In the past, the National Student
Association (NSA) opened Its 25th annual
congress last month on a much quieter note.
A meager 367 delegates, many of them stu-
dent government presidents, assembled at
Catholic University, Washington. D.C, for
seven days of workshops, speakers, plenary
sessions and the election of new national
officers — all geared to convince the occasional
uncommitted delegate that all student po-
litical opinion Is left of center.
One of the oldest student leftist groups In
the United States. NSA takes credit for mak-
ing "significant contributions" to the civil
rights movement of the early '60s, the stu-
dent power crusade, and the first student
opposition to the war. In addition. NSA en-
couraged the demonstrations at the Demo-
cratic convention in Chicago in 1968, the
protests against the Cambodian incursion of
1970 and the disruption at the recent Repub-
lican convention.
LOOKING TOWARDS THE 1970'S
Now cognizant of a much quieter mood on
the campuses, the officers of NSA admitted In
the annual report that "the energy and en-
thusiasm that characterized the student
movement of the 1960s seems to have waned,"
but, they explained, the '60s was a decade of
"consciousness-raising" — creating the proper
climate for social change, whereas the '70s
CXIX 24— Part 1
wUl be a time of "Implementation" of goals
achieved in these past years.
To the officers, staff and National Super-
visory Board of NSA. this year's crop of dele-
gates was disappointing Indeed. Absent
among them was the expectant fervor to elect
George McGovern, and although some of the
officers tried to perpetuate the myth that
"Nixon Is the No. 1 enemy on campuses
throughout the nation," there were a few
scattered moderates who secretly confessed
that they would vote for the President In the
fall.
So the task of this NSA Congress was
to convert the young delegate — about 20
years old on the average and not yet "en-
lightened" as to "the absolute truth of the
radical position" — into a staunch radical-
liberal. Owing to the fact that the dele-
Igates had "not reached a very high level
of consciousness yet." the NSA bureaucracy
utilized a tactful and low-key approach to
the problem, quite different from the bla-
tantly political programs of the past.
Of the close to 100 workshops held during
the week, the major portion stressed how
the student can legally and illegally "screw
the university" and effect educational re-
forms which could eventually lead to student
control of every facet of the university.
In one such workshop, ambiguously en-
titled "Grape Squeezing: How to Avoid
Teething on the Seeds While Savoring the
Pulp." Jay Hershenson. a student at Queens
College, urged the delegates "to look at the
university in an antagonistic way."
The first priority of an effective stiident
government leader should be. he related.
to get the keys to all the doors on campus.
Including those to the offices of the president
of the colege, the deans and all other ad-
ministrators. This way, he pointed out, you
have access to all files and thus will know
what's going to happen before It does. "And
I'm not suggesting you do this In a legal
way." he emphasized.
Look for the people who have keys, he
advised— the president, deans, security per-
sonnel, porters, custodial staff. Presidents
generallv have their keys on a chain. When
you shake hands with your president. Im-
mediately try to discover where he keeps his
keys.
GET THEIR KEYS
Building up contacts with the porters,
guards and cafeteria managers Is of vital
importance, he Instructed. "You know you
have succeeded In your efforts when the
porter walks In on you In the dean's office
at 4 a.m. and simply asks, "How have you
been?" ^ ,
Hershenson found justification for clan-
destinely acquiring the keys by reason of
the "fact" that "vou are (student government
leaders) representing the students on cam-
"couldn't function within a discipline that
had to do primarily with war-making. " And
so he has established a revolutionary view
of this field which he labels "Science for the
People."
RADICAL SCIENCE PROGRAM
This radical science program at Goddard
College focuses on "questions of technological
determinism . . . questions about the rele-
vance of Marxism In the 20th Century In ur-
ban and industrial society . . . questions
about the relationship between science and
determinism. . . ."
Frolnes. who admits he "used to feel guilty
about being a scientist," Informed the dele-
gates that "we need a total restructuring of
science on the campus" away from building
materials for the "war machine" and towards
helping the people to live better in our so-
ciety. Frolnes' wife. Ann. was also at the con-
gress, leading workshops on "The War and
Women's Liberation." among others.
Student political activism was the theme
of about one-third of the workshops. Donald
Ross, co-author with Ralph Nader (also a
speaker at the congress) of Action for
Change — which was distributed to each dele-
gat.e in his convention packet — chaired sev-
eral panels on the techniques of setting up
Nader-like Public Interest Research Groups
(PIRGs).
According to a scheme which Nader and
Ross have devised, a percentage of the man-
datory student fee — generally given to the
student government — would go Into forming
PIRGs on campuses. Twelve states were cited
as target areas for setting vip PIRGs this fall.
Representatives from the Congressional
Action Fund, a group which give monetary
support to key radlc-Ub candidates (e.g.. Ab-
ner Mlkva i'd.-IU.J, Pete McClcskey |R.-
Callf.), and former New York Rep. Allard
Lowensteln) distributed memos and pamph-
lets to each NSA delegate and alternate. In
addition, CAF members conducted panels on
■Where Youth Support Is Needed."
Included among the goals of CAF are: "re-
form of the welfare system to provide a
guaranteed annual income of at least $6,500
for a famUy of four by 1973" and "reduction
of military spending by at least $20 billion
in the fiscal year beginning July 1973."
Americans for Democratic Action, the ul-
tra-llBeral political organization now headed
by Allard Lowensteln, presented the delegates
with booklets on the ADA and a pamphlet
entitled, "The Nixon Years: Can We Stand
Pour More?" (ADA is actively working for
McGovern.) Leon Shull, national director of
ADA, moderated a workshop on "Congress
and the Issues: Analysis and Prediction of
Coming Legislation," forecasting the left-
ward line which ADA will take on the Issues
this year.
"liie Student As Lobbyist," a workshop
Dus and thus have a right and a duty to find presented by the National Student Lobby,
out what goes on "behind locked doors In ^ Washington-based anti-war youth group,
the administration building." explained the work which NSL Is doing on
Although most of ^^1 ^°'^^?^°P'„„'^%"
not as outrageous as Hershenson s about 30
of the panels were concerned ^^^h leg Ul-
mate and or lawless methods of effect ng
Xange on the campus-a change which
wouW see the accumulation of more and
more radical student power.
some topics included: "Student Flsca
ConTol anS Budget Techniques,'' "Student
Fees— the Question of Control. Student.s
Attornev Programs." "Students on Boards of
Trustees." "National Student l^nions De-
velopment and Funding of Proposals in Edti-
cational Reform." "The Tuition you Pay-A
RlD-Off ■'" "Incorporation of Student Govern-
ments; Models and Means of Financing."
"Campus Day Care." "A Symposium of Edu-
cational Innovation." etc. ^
John Froines. one of the "Chicago 7" and
no\*- a professor at Goddard College. Vermont,
led a workshop on "Science, Technology and
Society." Essentially advocating a Marxist ap-
proach to science. Froines stated that he
behalf of the student In influencing legisla-
tion. Other panels of this nature Included
"Registration from a Radical View." delivered
by members of the Rainbow People's party;
"Organizing a Labor-Campus-Ccmmunity
Alliance" which was characteristic of a doz«
en or so panels which tressed the student's
"obligation" to become Involved with the
"working class" members cf society.
Viet Nam Is a dying issue among the stu-
dents— despite desperate attempts by NSA
and others to revive it. A score of anti-war
workshops. Including members of the Clergy
and Laymen Concerned About the War. Viet
Veterans Against the War. and various pro-
Hanoi Vietnamese, failed to inspire much
enthusiasm among the delegates.
Doug Hostetter. one such panelist, gets paid
by the Methodist Church Office for the
United Nations committee on "Asia and
Peace," but confessed that he actually works
full time for the Medical Aid to Indochina
Committee — an anti-war group which was
362
CONGRESSIONAL RECORD — SENATE
In much evidence at the congress. The Medi-
cal'Aid Committee was responsible for a
large photo display at the congress, featuring
"U.S. atrocities in Indochina." and charts
which depicted the "irreparable" damage
done to North Viet Nam. including over "26
million bomb craters."
The committee also showed one of thelf
movies, "Village to Village," starring Margery
Tabankin. 1971-72 NSA president and Bill
Zimmerman of the Medical Aid Committee.
Finally there were workshops dealing with
minority groups — Women ('Discussions on
Sexism." "How to Set Up Rape Counseling
and Problem Pregnancy Counseling Cen-
ters"). Third World Peoples i "Racism in the
White Community." "Black Push Out: Sus-
pensions and Expulsion of Black Students in
Universities"), Gay People ("Gay Legal
Rights," "Oay Arts Festival and Poetry Read-
ing") , Native Americans (American Indians) ,
C^teanos— and Just five panels involving
student services, supposedly the chief Jus-
tlflciitlon for NSA's existence.
Complementing the workshops were 12 •
keynote speakers who reaffirmed what the
NSAt bureaucracy felt were the vital Issues
of the day: Women's Liberation (Gloria
Stelnem and Margaret Sloan of Ms. maga-
zlnel. the Welfare Rights Movement (George
Wiley, executive director of the National
Rights Organization), the labor movement
(Jerry Wurf, President of the American
Federation of State, County and Municipal
Employees). Viet Nam (Tom Hayden, found-
er of Students for A Democratic Society),
the "People's" Bicentennial Commission (Ed
Schwartz, past president of NSA) . the Farm-
Workers Lettuce Boycott (Jessica Govea of
Cesar Chavez's United Farmworkers Union),
md PublloAiterest Research Groups (Ralph
Nader). O^ijA celebrity speakers were Sen.
Pred HarrisOlp-Okla.). discussing redistri-
butlpn of the nation's wealth. Sen. Thomas
Eagleton, (Dj^Io.). Rep. Ron Dellums (D.-
Callt.) and^Iiot Richardson, secretary of
healith, ediKajson and welfare.
Perhaps "the most disturbing of all the
speeches was Tom Hayden's hour-long con-
iemnation of the Viet Nam war — disturbing
aot pnly because of his gross half-truths and
Dutr&geous accusations but also because of
the total acceptance it received from the
ielefates — none of whom questioned any of
tils -facts."
•What Ramsey Clark has done Is one of
;he most :mportant things an American polit-
ical i figure has ever done," declared the
member of the "Chicago 7" who was tried
for conspiracy to disrupt the Democratic
convention in 1968. "If an American politi-
cian'in office would have done that at any
time In the past 10 years, we would not be
faced with this genocldal. murderous, ter-
riblej situation that we do now."
Hayden and other anti-war activists are
hoping that the occasional bombing of the
likes will revitalize the £intl-war movement
on the campuses.
"We don't understand the connection."
Hayden charged, "of Nixon the Rainmaker In
Indofhlna trying to flood a civilization, and
Nlxoh' the Supposed Humanitarian In the
United States trying to help people In
Pennsylvania or northern California with
relief against floods." Hayden also predicted
that President Nixon, "now that he's waged
total |war ... Is going to trick the U.S.
people; with a bombing halt" sometime this
fall.
More important than the workshops and
speeches which merely set the tone for the
irongress were the evening plenary sessions
during which the delegates voted on various
mandates and issues with highly political
Implications.
Honeywell, Inc.. "Dow Chemical of the
'70s, ■ was the recipient of ■vicious attacks
throughout the week. Gruesome pictures of
supposed victims of Honeywell anti-person-
nel devices — "weapons designed primary to
penetrate human flesh" were displayed by the
Clergy and Laymen Concerned About the
War, along with bumper stlckws reading
"Honeywell Kills People."
When the delegates were asked to vote on
a resolution condemning Honeywell "for
gross acts of corporate Irresponsibility in its
continued production of barbaric anti-per-
sonnel weapons that are responsible for ever-
increasing numbers of civilian casualties in
Southeast Asia," a student from Rochester
protested that In fairness "an attempt should
be made to get Honeywell's side of the story."
He was Immediately ruled out of order, and
the resolution passed overwhelmingly.
More than any other Issue, that of student
unionization received extensive debate and
discussion on the floor of the congressional
legislative sessions. Proponents of ths man-
date reiterated that If unions were formed,
students could act collectively to combat
"racism and sexism In faculty hiring and
firing."
"If students In this country were union-
ized," the resolution read, "Nixon would not
be President today, the war would not con-
tinue. If we had been unionized this spring.
the automated bombings of North Viet Nam's
cities and harbors, dikes and people would
have set off a real student strike. . . . closing
down America campus by campus, town by
town, state by state, until the war had been
brought to an end."
NSA delegates passed this unlonzatlon
mandate, setting up the student union idea
as one of its top-prlorlty projects for the
coming year.
The most vocal segment of the delegates
were those almost entirely made up of the
black delegates; the "Third World caucus"
designated themselves as spokesmen for
Spanish -speaking Americans, native Ameri-
cans. Chicanos, Eskimos. Asian Americans
and the poor. The congress approved a man-
date which established an NSA Third World
Bureau to "fight racism" both natlonallv
and Internationally, and condemned the U.S.
for "acts of imperialism" throughout the
world.
One of the more popular Issues of the
NSA Congress was the "People's Bicenten-
nial Commission" — a group formed to quell
the "right-wing conservative potential" of
the American Revolution Bicentennial Com-
mission.
With the assistance of Ed Schwartz, a
former president of NSA and action co-
ordinator of the People's Bicentennial Com-
mission, a mandate was passed by the con-
gress condemning the Nixon Administration
for "attempting to use the bicentennial to
provide a financial boondoggle to corpora-
tions, to give covent public support to
moribund right-wing organizations, and to
orchestrate a pattern of Jingoistic spectacles
and television programs designed to brain-
wash the American people into accepting
only one version of the American Dream."
Schwartz, in delivering one of the major
speeches to the congress, accused presiden-
tial advisers, the heads of major corpora-
tions and "reactolnary" politicians of con-
spiring with a government agency about
"how to use this bicentennial celebration to
further consolidate this power against the
forces of change."
"Right-wing organizations have been en-
couraged by the "White House to develop
propaganda and educational programs de-
signed to foster a conservative interpreta-
tion of history and society In high schools
and colleges," he charged.
In responding to Schwartz's "expose," the
NSA Congress pledged to make the People's
Bicentennial educational programs avail-
able to member campuses and to cooperate
with the Bicentennial Tax Equity for Amer-
ica (T.E.A.) Party to encourage student In-
volvement in local, state and national cam-
paigns for tax reform during the bicenten-
nial years.
January 4, 1973
Among the other proposals which received
the support of the delegates were:
a resolution calling tot the boycott of
non-union lettuce.
a mandate by the congress to work to end
gay oppression and seek gay liberation.
a resolution supporting the full funding
of the Educational Opportunity Grants con-
tained in the Higher Education Bill of 1972.
A mandate that the homemaker "be recog-
nized as a professional member of the Amer-
ican labor force, paid for her or his labor,
time and skills, and upon retirement receive
full Social Security and other benefits which
their labor should have acquired."
A mandate advocating "the immediate abo-
lition of penal institutions and Interim pro-
grams of convict self-determination within
prisons.""
A mandate supporting the Seven-Point
Peace Proposal of the North Vietnamese
negotiator. Mme. Binh, and calling for its
acceptance by the United States.
The resolutions were generally written and
proposed at the urging of NSA officers and
National Supervisory Board members, who
were, almost without exception, hard-core
radicals. Any delegate could, however, call
for suspension of the rules and ask the body
to consider a mandate of his o'wn choosing.
One such individual, Tom Mooney, 1971-72
vice president of NSA, proposed an amend-
ment condemning abortion "as a lethal short-
cut and a simplistic solution to the profound
problems of human existence, dignity and
the right to life." The Congress, with the
prompting of the national staff and officers.
refused to even consider or vote on the antl-
abortlon plank.
NEAR-RIOT AVERTED
For most delegates the most exciting seg-
ment of this seven-day mind-molding session
was the near riot which occurred on election
night. A president and vice president were to
be selected, the former receiving a substantial
salary, even though the organization is still
over $50,000 in debt.
The first presidential ballot narrowed the
choices to three candidates: Larrj' Friedman,
an activist from Queens College, New York;
Tim Hlgglns, former student government
president at the University of Wisconsin/
Madison; and Mae Jlmlson, a smooth-talking
black woman In her late 20s from Indiana.
Before the balloting resumed, a 45-minute
debate between the candidates commenced
during which Larry Friedman, to the sur-
prise of everyone, withdrew in favor of Mrs.
Jlmlson.
This action prompted one of the delegates
to ask the black woman: "Did you make a
deal with Larry Friedman that you would
support him for vice president If he with-
drew In your favor?" In a five-minute state-
ment, Mrs. Jlmlson evasively replied that she
"did what she thought the delegates wanted"'
and that she believed that Friedman was the
ideal choice for vice president under her
administration. Outrage, indignation and
cries of "deal" spread through the conven-
tion hall. In the election which followed,
Hlgglns was an easy winner, gaining 144
votes to Jlmlsoi^'s 92.
At this point, the "Third World" delegates,
scowling and bitter In defeat, proceeded to
yell Into the microphones that the body was
"guilty of racism and sexism." Victoria
Stevens, a black woman who Is a paid staff
member of the Young Workers Liberation
League — a Communist youth organization-
made a speech condemning the delegates for
their "gross error." "I think what has hap-
p>ened here Is repulsive and disgusting!" she
shouted.
When the initial tiurnoU had subsided, Tim
Hlgglns, the newly elected president, mount-
ed the podium to address his constituents. As
he leaned forward to speak into the micro-
phone, Omar Faruk, a black delegate from
Januarij i, 1973
CONGRESSIONAL RECORD — SENATE
363
l|
Chicago, grabbed him around the neck, caus-
ing both of them to fall off the platform and
a near riot to ensue. (Faruk later explained
that he had not been given the opportunity
to speak and was simply trying to get to
the microphone.)
Four or five of the convention hall micro-
phones were destroyed, and the black dele-
gates, having "liberated" the podium, yelled
out their loud accusations that the "white
male chauvinist" NSA was guilty of the sins
of racism and sexism In refusing to choose
a black woman as their president.
Mae Jimison approached the podium and
restored order by requesting that all "Third
"World" delegates meet her outside for a
caucus. Hlgglns, In "an act of solidarity with
my Third World brothers and sisters," re-
signed as president.
SOtTL-SEAHCHING
In the three hours which followed, the
white delegates held a "rap session" trying
to determine if, Indeed, they were "guilty of
racism and sexism" as charged. Meanwhile
the "Third World" delegates' plans to storm
the convention hall were being quelled by
Larry Friedman and other more rational stu-
dents.
Only a few of the black delegates returned
to the hall when the congress reconvened at
4 a.m. The third-ballot voting commenced
with Higgins again the victor, and Mrs. Jlml-
son placing a p>oor third behind Larry Fried-
man who had re-entered the race. The sleepy
delegates then elected Ron Ehrrenrelch of
Temple University as vice president.
Characteristic of the new breed of radicals
who will quietly and subtly work to "screw
the university," Tim Higgins is deceptively
short-haired, clean-cut and polite. Yet Hig-
gins is a hard-core leftist, typical of the new
radic-lib image and will be pushing for such
things as student representation on univer-
sity policy-making committees, on board? of
trustees and on curricula-planning commit-
tees as a means of integrating radicalism into
the university.
This new trend In the radical student
movement seems to Indicate that the left
has learned that it's easier to break the sys-
tem from within than from without, that
they haven't made many converts from
bomb-throwing.
A staunch student power advocate, Hlg-
glns supports the concept of unionizing stu-
dents throughout the country. In discussing
this Issue. Higgins elaborated:
". . . We live in an Imperialist society
that's ba.sically based on exploitation of the
masses of people around the world. The uni-
versity is a part of that society in that it
channels the cream of the crop into the
corporate American structure that continues
this oppression. [Applause]
"Students will never ever rise to this kind
of oppressive society until we as students
Join with the working class who have a con-
sciousness all their own that we are separated
from because we are. 'the cream of the crop,'
and are taught that In the university
society— until we Join with these working-
class people and realize that we are being
oppressed by the 'working class."
"Student unionization gives students the
power because they are joined together with
political analysis and an economic base to
fight the oppressive institutions of society
which include the university specifically and
the administration and "faculty Interest
groups. We need that power because we
won't get beyond It due to the facade of
liberal administrators in terms of policies.
They're going to stop us when we try to
break the system no matter how liberal they
are."
It should be quiet on the campuses this
year. But don't be deceived into thinking
that the radicals have disappeared. For
they're still there, working even harder than
ever behind the scenes to achieve their ulti-
mate goal: "radical liberation of the univer-
sity."
SENATOR RANDOLPH OPPOSES RE-
CENT MASSIVE BOMBING OF
NORTH VIETNAM— SUPPORTS
DEMOCRATIC CONFERENCE RES-
OLUTION TO TERMINATE FUNDS
FOR U.S. COMBAT OPERATION IN
OR OVER INDOCHINA
Mr. RANDOLPH. Mr. President, on
December 29 I issued a statement ex-
pressing my strong opposition to the
satui'ation bombing of North Vietnam.
That statement follows;
I cannot rationalize the Intensified bomb-
ing of North Vietnam nor construe its over-
all purpose. It is ill timed.
The President has kept his promise to with-
draw American forces from Vietnam. I have
in the past, and renew now. my commenda-
tion of this effort. Present saturation bomb-
ing, however. In my opinion, goes beyond
military targets In defense of our reduced
forces.
It Is my feeling that there will be a strong
reservation to this bombing among mem-
bers of the Congress in the new session.
Our complete withdrawal from Southeast
Asia, coupled with the return of prisoners
of war and an accounting of the missing-In-
action, must be our current objective.
It is my belief — and I am confident
that the majority of Americans share
tliis belief — that there was no justifica-
tion for the incredible bombing attack on
Noi-th Vietnam ordered by the President.
The White House, the State Department,
and the Defense Department issued no
public statements which reasonably ex-
plained or justified the unleashing of the
massive B-52 bombardment of North
Vietnam.
The bombing certainly was not under-
taken for the defense of American troops.
It could not, in my opinion, be justified
as a protection against a North Viet-
namese buildup. Obviously, there are
many miUtaiT options short of satura-
tion bombing to deter a North Vietnam-
ese buildup for launching an offense.
No, Mr. President, the bombing, in my
judgment, was initiated as a weapon to
"bring Hanoi to its knees" and to pre-
serve the power position of the current
South Vietnamese Government, no mat-
ter what the Vietnamese people may
want in the future.
More important, however, is the knowl-
edge that B-52's cannot be used for satu-
ration bombing in the areas our Nation
used them without killing and maiming
civilians and destroying nonmilitary in-
stallations and vital public facilities.
There was no justification for this hor-
ribly destructive action by our Nation.
It was a dark hour in the history of the
United States.
Mr. President, as I stated on Decem-
ber 29. our complete withdrawal from
Southeast Asia, coupled with the return
of prisoners of war and an accounting of
the misslng-in-action, must be our cur-
rent objective.
To achieve this objective, I have voted
in the Senate to restrict the use of funds
for U.S. militar>' operations in Indochina
solely to the withdrawal of our forces
within a certain time limit, contingent
on the release of all American prisoners
of war and accounting of all Americans
missing in action.
Earlier today in the Democratic con-
ference, I voted for the resolution, ap-
proved 36 to 11, declaring it to be the
Democratic policy that "no further pub-
lic funds be authorized, appropriated, or
expended for U.S. military combat opera-
tions in or over Indcwhina and that such
operations be terminated immediately,
subject only to arrangements necessary
to insure safe withdrawal of American
troops and the return of American pris-
oners of war and accoimting for the
mis.sing in action."
I shall continue to vigorously support
similar legislation In the 93d Congress.
While I hope and pray that the return
to negotiations in Paris will produce a
settlement of the Vietnam conflict and
an end to the death and destruction In
Southeast Asia. I am convinced that the
Congress has a grave responsibility to act
affirmatively to achieve this objective.
TRIBUTE TO COACH SHUG JORDAN
Mr. ALLEN. Mr. President, it is with
deep pride that I rise today to pay tri-
bute to one of the Nations finest coaches,
James Ralph "Shug" Jordan. Coach
Jordan is not only one of the great
coaches of all time, but he is also an
outstanding ambassador for the great
State of Alabama. It is a real privilege
for me today to pass on to my colleagues
some of the highlights of the career of
my good friend Shug Jordan.
The only active coach in the South-
eastern Conference who was coaching in
the conference when it was formed in
1933, James Ralph "Shug" Jordan is now
the dean of SEC head football coaches.
Jordan was an assistant at Auburn
when the SEC originated, and after mili-
tary duty, another skort term as an Au-
burn assistant, a halt-season with the
Miami Seahawks, and 4' 2 years at Geor-
gia as an assistant, he came back to
Auburn in 1951 to begin building his alma
mater into a national power.
His first team broke even. Two years
later he had the Tigers 7-2-1 and in the
Gator Bowl. Nine other Tigers teams
have made bowl journeys, including the
last five. I am sure many of you saw his
Auburn Tigers in their great victory over
the fine University of Colorado team in
the 1972 Gator Bowl.
Along the way he has produced a Na-
tional and Southeastern Coriference
Championship team in 1957. been named
Coach of the Year in the Nation by the
Washington Touchdown Club, selected
Coach of the Year in the SEC three times,
and inducted into the Alabama Sports
Hall of Fame as a charter member.
Jordan currently ranks fifth in the
Nation in total victories. And he is also
fifth in the Nation in winning percent-
age among the coaches with 20 or mor»
years.
His record of 156-69-5 represents one
of the alltime best marks in colle?iat«
football. His 14 consecutive firming sea-
sons against one of the mostly consist-
ently demanding schedules is equally re-
markable.
Jordan was the first SEC head ooaeb
;i64
CONGRESSIONAL RECORD — SENATE
January J^, 1973
0 win 100 games at his alma mater, and
1 1 the past 23 years, Jordan's tenure at
i lUburn,: Ole Miss is the only SEC team
tp manage more \ictories than Auburn.
Jordan was a three-sports star at Au-
durn from 1929 through 1932. In fact,
he was Auburn's most outstanding ath-
l;te his senior year by a vote of the
Ipttemten.
He graduated from Auburn in 1932
ind was an assistant coach here for 12
J ears. He then entered the Army during
World War 11 and served overseas 3
years in the Corps of Engineers. He
( ame tack to Auburn in 1945. but went
T/ith Jack Meagher to the Miami
^ahawks.
At mldseason he joined the Georgia
ikaff where he worked under Wally
liutts from 1946 through the 1950 cam-
iiaign. He was named Auburn's head
qoach the following winter.
Jordan was bom in Selma, Ala., on
September 25. 1910. He is married to the
:ormer Evelyn "Walker of Columbia, S.C.
; ind they have two daughters and a son —
Ijusan, Darby, and Ralph, Jr.
Mr. President. I ask unanimous con-
ent thit an article by Mr. David Housel
vhich appeared in the September 1972
issue of Alabama Sportscope be in-
1 luded in the Record at the conclusion
of my remarks. This article tells of Steve
Vilson. one of Coach Jordan's players.
and his efforts in trying to best describe
:i mar> he admired most. It is a story
vhich .could have been told by thousands
of yoUng men who have been privileged
o play for Coach Jordan at Auburn
Jnivefsity.
There being no objection, the article
vas ordered to be printed in the Record,
Ls follows :
"Skuc" Jordan: A GRACEFtJi. Colonel
(By David Housel)
Steve 'Wilson scratched his head thought-
ullv. The Axibtirn University linebacker
vasn't worried about football. "This was July
md the season was still weeks awnv. Wilson
vas worried about something more press-
ng— like the paper due In his advanced
:ompo$ltlon class the next day.
It was to be a character sketch, a pape'r
ieveloplng the characteristics of an Indlvld-
.lal. Wilson had thought of many people on
;^•hom he could ^^Tlte. his grandmother, his
parents, or even one r>f his fellow football
slayers, but he had settled on another per-
son, his head coach, Ralph Jordan.
He bad started the paper several times.
Each nme. he angrily wadded up the paner
ifter inly a few words, sometimes a few
Daragraphs. Already he had fallen Into the
trap tl|at awaits so many young writers: the
difficulty In signing out the main traits of
5omeo?ie they know well.
WllsOn scratched his head again. He be-
gan to lot down phrases, clauses, just plain
words that darted across his mind when he
thought of his football coach.
"Graceful as a Southern colonel, . . ."
■'Diogenes would have liked this man. . . ."
"Not like other head coaches. . . ."
"As smooth and polished as a college pro-
fessor. , . ."
"A man knows and believes In the value pf
hard work. . , ,"
These and many more thoughts came to
his mind, but, still, he was undecided on how-
to start the paper.
A frtend tried to help. "Why did you pick
Coach'jordan?"
"He's such a great man," came Wilson's
quick reply.
"What makes him ^eat?" retorted the
friend.
His concern for other people," Wilson
said. "I'm no All-Amerlcan or anything like
that. I'm not even one of the best players or.
the fleld, but Coach Jordan knows about me
and he knows my parents. He's concerned
about me personally Just the s^me as he
would be concerned about Pat Sullivan, Terry
Beasley, or any other great football player\^
He doesn't know rank when It comes to hls^
players. He's concerned with us all."
"How does he show his concern?," asked
the friend.
He's . . . He's . . . Well, he's like your
father. He radiates concern and you know
he cares about you. That's what makes you
want to play for him. He doesn't try to scare
you or threaten you. You Just don't want to
let him down. You don't want to disappoint
him. You want to win for him as much as
anything.
■^'ilson was going now. He didn't need any
more prodding, a
His presence la comforting and assuring,
"i'ou know Coach is going to stand by you
and you can believe what he says.
You know. Coach Jordan's funny. He's
not like other coaches. He is still more con-
cerned about his players than he is the stock
market or his business interests. He is con-
tent to do what he likes to do and does best,
co^h football.
He doesn't really look like a football
coach, you know. Not many people nowdays
part their hair down the middle, and most
coaches are dynamic and forceful. Not Coach
Jordan. He's just solid. He looks more like a
profes3or or successful business man than a
football coach.
But he's a great coach. Just look at his
record. I've got it right here. He's won 146
games, lost only 68 and tied five. That's good
in anybody'3 book, and some of his best
teams have come when Auburn wasn't sup-
posed to have much. That's one reason we're
going to have a good team this year.
Once you've played for him, you under-
stand why he's such a good coach. People
want to play for him and win for him. They
want to out of loyalty, love, and respect.
Reckon It'll be okay to say "love"?
Work, work. work. That's another key to
Coach Jordan's success. It gets pretty rough
sometimes, but we understand when he calls
us up.
"There comes a time,' he says, "when
finesse and fancy stuff will fall and all you
have left is v.ork, work, work, and more work.
That makes the victory all the more sweeter."
There's one part about Coach Jordan that
we all love. That's his Friday afternoon talks
before a game. He always talks to us !n the
end rone and he uses some figure from his-
tory, a t,v, s^ow or a movie to Illustrate a
'point about u'- and the game the next dav. It
may be a^vo -'.e from Sir Lancelot and King
Arthur to John Wayne, but he makes his
point and makes it well.
He's a smart man. He's a loyal man, dedi-
cated to f Totball and .Auburn. He doesn't try
to use it to enhance his image, or make
money on the side. He just loves the people
who play for him and Auburn and he wants
them for Auburn, not for him.
"■Whan Dioctenes was looking for a good
honest man. he should have looked for Coach
Jordan. He's his man.
I know he's a great man. I know what he's
done for m^,
Wilson turned around and began to write.
He made an "A" on the paper.
EXPRESSION OF APPRECIATION BY
SENATOR DOMENICI
Mr, DOMFNTCI. Mr. President. I think
it is appropriate that all new U.S. Sena-
tors state for the Record their feelings
after being sworn in. Therefore, I wish
to express my feelings as a new Senator
from the great State of New Mexico.
I say thank you. Thank you. New
Mexicans, for all you have done for us, I
shall tiy to do right by you. I say thank
you to my wife, Nancy, and my children.
■Without you, I would not be here, and
because of you I shall strive to make this
land always a better place to live. Thank
,you to my parents for providing me with
w^at I bring to this new undertaking, for
without you and your sacrifice I would
not have this great opportunity. I say
thank you to my city of Albuquerque, and
thank you to all of the teachers I have
had over the years, for you have given
me the drive and the knowledge to work
toward keeping what is good and chang-
ing what is not. This shall be my chal-
lenge.
With God's help and yours, I shall do
my best.
HARRY S TRUMAN
Mr. MUSKIE. Mr. President. I know I
speak with Senators on both sides of
the aisle in expressing deep sadness over
the death last week of President Truman,
one of the truly great statesmen of our
time and a man revered and liked by all
Americans.
Harry S Truman was an uncompli-
cated man — a plain-talking, unaffected
man faced w-ith some of the most com-
plex problems of 20th century America,
He met the problems head on, develop-
ing in the process a foreign policy which
still shapes America's thinking abroad,
and offering a domestic program which
formed the basis for progressive legisla-
tion in the postwar era.
Truman served ably and effectively in
this body for 10 years — gaining stature as
a watchdog over wastefulness in mihtary
spending. He did not seek the 'Vice Presi-
dency, and when he was nominated and
then elected, he mourned:
I was getting along fine until I stuck my
neck out too far and got too famous — and
then they made me V,P, and now I can't do
anj-thing.
Eighty-three days later, with the death
of Franklin Roosevelt, Harry Truman
was President of the United States. He
said:
I felt like th6 moon, the stars and all the
planets had fallen on me.
But although he assumed the Presi-
dency with the barest of preparation.
President Truman immediately estab-
lished a pattern of courage, directness of
judgment, decisiveness, and self-confi-
dence that became hallmarks of the
Truman Presidency.
'When Russia, our ally, became our ad-
versary in the cold war, Truman found
a simple solution — to make our World
War n enemies our allies. In those tense,
sometimes terrifying postv.-ar days, Tru-
man made the decision to develop the
hydrogen bomb, broke the Soviet block-
ade of Berlin, laid out the Truman doc-
trine to meet a Soviet threat in the Mid-
dle East, formed the North Atlantic
Treaty Organization to present a solid
front in Europe, and through the Mar-
shall plan helped avoid an economic col-
lapse in Europe.
January i, 1973
CONGRESSIONAL RECORD — SEN ATE
305
His tough, no-nonsense approach to
foreign affairs has had many critics, but
th-' economic strength of Europe in the
1^0's and the rapprochement with So-
viet Russia may have proved Truman
right.
Truman is better known for his foreign
policy decisions, but in domestic affairs
he proposed major civil rights, labor and
social welfare legislation, began deseg-
regating the Armed Forces by Executive
order, and committed the Federal Gov-
ernment to a policy of high employment
and a strong economy. And while he lost
most of his legislative battles, the theme
he sounded was picked up again in the
1960's.
What do these ideas and accomplish-
ments tell us about the man? He was a
man of conviction, and he was willing to
stand by his convictions, whatever the
pressures to change them.
He demonstrated an imderstanding of
the uses and limitations of military and
political power which has scarcely been
equaled since his administration. He
knew the effectiveness of military
strength to prevent aggression. And,
more importantly, he knew the limita-
tions of military strength over conquered
peoples.
In addition to his major accomplish-
ments, Harry Truman possessed qualities
which conmianded the admiration of his
supporters and the respect of his oppo-
nents. A fairminded, straightforward,
honest man, Harry Truman acted with
conviction and accepted full responsibil-
ity for his -ictions. He added a phrase
to our language— "If you can't stand the
heat, get oi.t of the kitchen." And be-
cause of this same directness and strong
sense of purpose, he was "Give-'em-hell
Harry" to millions of fond Americans.
Here was a man who never quibbled and
never stood on the sidelines waiting for
events to determine his decisions or
actions.
He gave me good counsel when I be-
came a candidate for the Vice Presidency
in 1968. 'When I asked for his advice
during a visit in Independence, he said.
"Tell the truth." When I replied that my
;way of telling the truth was not the same
1^ his, he gave me a second piece of ad-
■vice. "Be yourself," he said. Since then I
have aUvays tried to follow that advice,
America and the world owe much to
Harry Truman — the man who never lost
touch with the man on the street and
never forgot his Missouri roots. He was
a great President and a strong, but com-
passionate man who directed America's
energies into creative and constructive
channels. In times of stress and anxiety
he never faltered, never failed the Amer-
ican people. He sei-ved her well and
brought honor to the office of the Presi-
dency. He bravely led America into her
new role of responsibility within the
world community.
We shall all miss his quick wit, his dis-
arming humility, and his deep and abid-
ing faith in the intelligence of the Amer-
ican people. We must never forget what
he stood for and loved: honesty, integ-
rity, strength, and freedom.
'When it was over, Truman himself
summed it up better than we can, and
provided history with a most fitting
epitaph. He said:
I have tried my best to give the Nation
everything I had in me. There are probably
a million people who could have done the
job better than I did it, but I had the job.
and I always quote an epitaph In a cemetery
In Tombstone, Ariz.: "Here lies Jack Williams.
He done his damndest."
Mr. President. I request at this time
that the full -text of my remarks at the
Harry S Truman Institute April 7, 1970,
be included in the Record.
There being no objection, the speech
was ordered to be printed in the Record,
as follows:
President Truman — 25 Years After
When Dean Heller Invited me to speak,
today, he asked that I "talk from the view-
point ... of a public figure active today."
I accept the compliment, because I hope
those who doubt my public existence and
question my activity will experience the
same sense of wonder which came to Mr.
Kaltenborn in 1948.
It Is always an honor to be Invited to pay
tribute to one's heroes. I confess to my ad-
miration for President Truman, but I would
not want you to think that I am wholly un-
critical of his record. I think he set a bad
precedent when he made presidential piano
playing respectable.
Years ago, an out-of-stater struck up a
conversation with an elderly native — an
octogenarian— In one of our lovely little
Maine towns. "I suppose you have lived in
this town all your life?" he Inquired. The old
man replied, "Not yet!"
In the same spirit this group gathers here
in Independence each year —
To pay tribute;
To dr.vw inspiration; and
To give continuity to those values, and
qualities, and principles which are the mark
of greatness in a man. and his community,
and his country.
I remember that one of my first political
acts after becoming a Democratic National
Committeeman from the state of Maine In
1952 was to defend President Truman. The
President had Just visited the state, and had
been subjected to an unwarranted and In-
hospitable attack by a Portland newspaper,
I wrote a letter to the editor. The newspaper
featured the letter and conceded. In an edi-
torial, that It had been Intemperate. I was
pleased; the newspaper editor felt virtuous
and I am sure the President — if he -was aware
of the exchange — smiled with the knowledge
that his history would be the final Judge.
Incidentallv. it was also timely reassurance
that a Democratic point of view, vigorously
asserted, could be Influential In Republican
Maine.
President Truman is one of those for-
tunate public men who has lived to hear the
vindication of hlston,-. And if he takes some
pleasure in the knowledge that he con-
founded the doubters, we can rejoice with
him.
Each of us comes to this occasion with his
or her own memories of April 12. 1945. and
the years which have followed. And each of
us. i suspect, must confess to a change in
perspective toward Harry S, Truman and the
Presidency since that date.
Today's observance affords a singular op-
portunity to use that perspective, as Presi-
dent Truman would, to learn more about
ourselves, our country, and the qualities the
times require of us.
The world of that dark Thursday afternoon
in 1945 was once caught between hope and
chaos. The President to whom the nation
and the world had looked for tw-elve years
for leadership, was dead, A terrible world war
was approaching its end. and in its wake we
could see a world order far different from
that we had known before. No longer were
there several major powers in Europe. Both
the victors and the vanquished had been
decimated by the war. In Asia, Japan was
defeated and China splintered. In the world
there were now only two major powers — the
United States and the Soviet Union — about
to confront each other in a new type of
war — a cold war. generated by Soviet dreams
of expansion.
What would this mean — for man — and his
hopes and dreams for a better world and a
better life?
At home, a nation weary of war desired
a speedy return to peace and the comforts
war had denied us, A few saw the difficult
problems of reconversion from a war economy
to peace, but most were oblivious to the
backlog of crisis the President would face
at home.
What sort of man was this who would
now preside over our effort to influence the
shape of an uncertain and perilous future?
Much of his background was humble. He
had been reared in a small town in middle
America. He had no formal education beyond
high school. He had worked as a timekeeper
for a railroad. In the mail room of a news-
paper, as a bank clerk, as a farmer. He had
been a small businessman, a soldier and a
county Judge. He had experienced the rough
and tumble of local and state politics, and
risen through the ranks. At one phase of his
development he might have been classed —
if I may coin a phrase — as a member of the
"Silent Majority."
And so there were questions about the
quality of the new leadership In the White
House.
Walter Lippmann comforted himself by
writing that "The genius of a good leader is
to leave behind him a situation which com-
mon sense, without the grace of genius, can
deal with successfully." He was wrong, both
with respect to the situation and the quality
of the new President.
Harry Truman did have an average Ameri-
can background, but he was not an ordinary
man. He had zest, vitality and energy that
were the marvel of those with whom he
worked. He had a rare capacity for decision
and administration. He had the judgment to
realize what principles in American life were
worth preserving and the courage to fight
for those principles. j
His capacity for decision may be the mo6t
fabled of his attributes, \
He made It clear — In a w-ay which was
never fully understood before by grassroots
Americans — that the White House was pri-
marily a place where decisions are made —
tough, potentially final decisions which can-
not be avoided and which carry awesome Im-
plications for life in our country and on our
planet.
And our people understood — more ^learly
than before — that such decisions should be
made by men of capacity, understanding, and
courage — who understand that a President
must lead his people In the direction indi-
cated by their best Instincts and traditions.
And they came to the realization that
Harry Truman was such a Presidenti — and
they have given him his place in history.
There followed the many bold — often spec-
tacularly successful decisions of the Truman
Era. Dean Acheson has described them:
■The 1947 assumption of responsibility in
the Eastern Mediterranean, the 1948 gran-
deur of the Marshall Plan the response to the
Blockade of Berlin, the N.\TO defense of
Europe In 1949. and the intervention In
Korea In 1950 — all those constituted ex-
366
I
CONGRESSIONAL RECORD — SEN ATE
January 4, 1973
panded'' action In truly heroic mold. All of
them w- re dangerous. All ol them required
rare capacity to decide and act."
This \?as the leadership of a man who saw
the world as It was — the need for new and
unprecedented action — ranging far beyond
any earlier conoep: of American responsibil-
ity in the world.
This man of ordinary background stepped
out into Che unloiown — leading his people —
unhesitatingly — clear-eyed — and wisely.
There; have been a number of analyses of
the Truman decision-making process. Dean
Achesori. for example, in his latest book,
"Present at the Creation." credits much of
the President's capacity for leadership and
decision to two qualities. First of all. the
President had, Mr. Acheson tells us, a mag-
nificent vitality and energy that allowed hUn
to assimilate and understand a prodigious
amount of material. Secondly, he had a pas-
sion for orderly procedure and a superb ad-
ministrative ability which had been nurtured
by his txperlence In local government.
Acheson reports that the President em-
ployed a brand of the adversary process,
adapted from the law, and that, in keeping
with another venerable legal tradition, he
reduced all major decisions to writing.
One of the most delightful accounts of
Truman's decision making process, however.
came from Mr. Truman himself, reportedly
In a question and answer session at the
University of Virginia In 1960.
The question from the floor was: "Mr. Tru-
man, how did you go about making a de-
cision?"
Mr. Truman's answer was reported astfol-
lows: "I asked the members of my staff con-
cerned to submit their recommendations to
me in writing. In the evening. I read the staff
proposals. Then I went to bed and slept on
it. In the morning I made a decision."
The qext question was: "What happened If
you ma^e a mistake?"
The Answer: "I made another decision."
Decls^eness is a Truman characteristic.
It Is an important characteristic of leader-
ship. ^3 a quality, it can Inspire confidence
and trust in a people — Impel them to risk
ange., to consider new values, to assume
w responsibilities. But there must be more.
The de<jlslon-maker must also be guided by
historlciprlnciples and dedicated to their Im-
plemeniatlon. If the Declaration of Inde-
pendence and the Constitution mean any-
thing. !t Is that the goals of a democratic
society are Important, that they should be
remembered and that our leaders should lead
us tow4rd them. Nowhere Is this more Im-
portant than In the case of civil rights.
From the vantage point of the Seventies,
many of us tend to think of the 1954 de-
cision hi Brown v. The Board, of Education
as the watershed for civil rights In the na-
tion. It -..as a tremendously important de-
cision In the evolution of our country, but
it foyowed by some years Harry Truman's
drive to promote equality of opportunity. As
President Truman put it In his character-
istically blunt language: "The top-dog In a
world which Is iver half colored ought to
clean his own house."
I doubt that this man from Missouri gave
a moment's thought to a Southern strategy.
He saw the United States as a divided
country— divided by barriers that were un-
healthy, unwholesome, and un-.'imerlcan. It
was his responsibility to try to make It whole.
He supported his sentiments by action. He
insisted, over considerable objection, that
the armed services be Integrated. He estab-
lished a committee on Civil Rights to In-
vestigate the need for Civil Rights legisla-
tion and upon the recommendation of the
committee, he asked the Congress:
To establish a permanent commission on
Civil Rights, a Joint Congressional Commit-
tee on Civil Rights and a Civil Rights Divi-
sion In the Department of Justice.
To strengthen existing Civil Rights laws
and laws protecting the right to vote.
To provide for Federal protection against
lynching.
To establish a Pair Employment Practices
Commission.
To provide for Home Rule and sufferage in
Presidential elections for the District of Co-
lumbia.
At his Insistence — with a full appreciation
of the political risks involved — these pro-
posals were also contained In the Demo-
cratic Party's Platform in the 1948 elections.
He preferred to take risks that could lead to
a united country to the risk of an Increas-
ingly divided country.
The result Is well known. The Dlxlecrats
left the Democratic Party. In the perilously
close eleatlon that followed, their defection
cost the President four states from the sup-
posedly "Solid South" that otherwise would
have been in his camp. Mr. Truman knew he
could have avoided this result. But he refused
to compromise on principle. As he wrote in
his memoirs:
"I believed in the principles these plat-
forms advanced ... I was perfectly will-
ing to risk defeat In 1948 by sticking to the
ClvU-Rights plank in my platform."
Devotion to principle means a willingness
to risk such defeat. It Is also the only way to
appeal to the best in men. It Is a quality we
need now — at a time when the country la
even more divided than It was In 1948. It Is
a quality we must produce In our leaders, If
we are to provide It in our people.
There is another example of that Truman
blend of decisiveness. Judgment and dedica-
tion to principle which has relevance today.
A principle In which Mr. Truman believed
deeply — that the civilian government must
at all times exercise ultimate control over
the military.
It was one thing to state the principle.
It was another to relieve General MacArthur
of his command. The General enjoyed Im-
mense popularity at home. It was clear that
MacArthur's removal could precipitate the
biggest fight of his administration. And It
did.
But Mr. Truman believed he had no other
choice. As he wrote In his memoirs:
"If there Is one basic element In our Con-
stitution, It Is civilian control of the mili-
tary. Policies are to be made by the elected
political officials, not by Generals or Ad-
mirals."
This was a deep-seated Instinct, rooted In
the experience of mankind. If any society Is
to climb toward the goals which are hu-
manity's highest aspirations, the military re-
sjxjnse must be subordinated to non-military
values.
Whenever man feels Insecure — whenever
he feels beleaguered by the hostile manifes-
tations of frustrated hopes and dreams — he
seeks security.
What may constitute security at a given
time — in given circumstances can be a ter-
rible Judgment to make — requiring a sensi-
tive and balanced appreciation of the nature
of the threat and of the consequences of the
available courses of action.
The principle of civilian domination over
the military must be regarded as something
more than a transient response to the ex-
perience of the American revolution.
It Is a fundamental principle — enshrined
In our Constitution — related Intimately to
the survival of freedom and the kind of lives
our children will live.
It Is a principle In which Mr. Truman be-
lieved— and for which he fought at great
political cost to himself and to other causes
he would have liked to advance.
It Is a principle which has application to
several difficult national decisions with which
we are confronted today :
Our policies In Southeast Asia;
The dangsrs of the Nuclear Arms Race and
the Initiatives we should take to avoid them;
Our budgetary priorities;
The "Voluntary" Army.
In each case, which course offers the real
security?
What values — military or nonmllltary—
should predominate In shaping our answer?
Mr. Truman was a man of his time —
keenly aware that his was the responsibility
for dealing with problems In the "here and
now."
He was enabled to do so by the personal
qualities which we all know so well — and be-
cause American experience — and the princi-
ples and values which must be projected Into
the future, if the American experience Is to
survive.
All who observed the Truman years In
the White House were often frustrated by
the political "mistakes" he made.
The man In the White House is always
the "Master Politician" — shrewd In the use
of maneuver and expediency to reduce the
political cost of his policies and to stretch
out his political bankroll.
The perspective of time tells us that Presi-
dent Truman believed his political bankroll
to be a resource — to be spent without stint In
the country's best Interests.
Time also tells us that the Judgment ol
history Is more likely to vindicate such a view
of the Presidency than any other. Political
sagacity is not enough to make a wise Pres-
ident. Energy Is not enough to give him a
forceful Administration. Mastery of the arts
of communication Is not enough to win the
hearts of his people. Knowledge of the prin-
ciples of public Administration Is not enough
to command the loyalty of public servants.
Leadership consists In appealing to the best
that is In a people, not In exploiting their
differences and weaknesses. And that leader-
ship can come only from a man who Insists
on the best from himself, by knowing what
history has to tell us. by understanding what
is In the hearts of his people, and by exer-
cising Judgment, courage and dedication to
principle In the office of the Presidency.
Undoubtedly Dean Acheson had these
qualities In mind In dedicating his book to
President Truman, saluting him as "The
Captain with the Mighty heart."
And so he was and Is.
CHRONOLOGY OF FISCAL YEAR 1973
DEPARTMENT OF DEFENSE RE-
SEARCH, DEVELOPMENT, TEST
AND EVALUATION AUTHORIZA-
TION AND APPROPRIATION
ACTIONS
Mr. McINTYRE. Mr. President, dur-
ing the congressional adjournment, the
staff of the Research and Development
Subcommittee compiled a table which
provides a complete breakdown of the
actions of the House and the Senate on
the fiscal year 1973 authorization and
appropriation requests for the Depart-
ment of Defense research, development,
test and evaluation program.
This historical data is a matter of In-
terest to the Senate and I request unani-
mous consent to insert this table at this
point in the Record.
There being no objection, the table
was ordered to be printed in the Record,
as follows:
<
January ^, 1973
enoiA
61102A
62103A
62106A
621 lOA
621 UA
62112A
62116A
62119A
62120A
63101A
65101A
62201 A
62202A
62203A
62204A
63203A
63204A
63206A
63207A
63209A
64201 A
64202A
64204A
64206A
23625A
62301A
62303A
63301A
63302A
63304A
63306A
63307A
63308A
64306A
65301 A
65302A
I2514A
22233 A
22234A
22251A
22254A
23623A
33142A
62601A
62603A
62604A
62607A
63604A
63606 A
63607A
63608A
636UA
636 20A
64602A
64604A
64606A
646 lOA
23618A
23619A
23624A
23627A
62701A
62707 A
62708A
62710A
62712A
62713A
63701A
63702A
63707A
63712A
63713A
63719A
63720A
73823A
CONGRESSIONAL RECORD — SENATE
FISCAL YEAR 1973 R.D.T. S E. AUTHORIZATION AND APPROPRIATION ACTION
|ln millions of dollars|
367
Program
*•""*"' o 1 . .-.1
number Program element title
Fiscal
Fiscal Fiscal
year year year
1971 1972 1973
program program estimate
Fiscal year 1973
auttiorization action
Fiscal year 1973
appropriation xtlon
House Senate
Final
House Senate
R.O.T. & E. ARMY
Military sciences:
In-house laboratory, independent researcti jio. 7
Defense researcti sciences.
Civil engineering technology
Military manpower resources technology.
Biomedical investigation
Atmospheric investigation _
Terrestrial and mobility Investigations...
General chemical investigation. ,
Electric power application..
Combat development investigation
Manpower resources development
Studies and analyses
Military Science reduction (10 percent)...
General reduction (5 percent)
65.6
3.2
6.0
24.8
3.3
2.6
7.1
3.8
2.-4
2.9
9.8
{11.3
70.9
4.3
8.3
30.5
3.6
3.3
6.5
3.7
2.7
7.6
8.4
$12.2
77.2
9.5
12.1
37.0
4.7
3.1
5.8
3.6
3.0
3.6
9.2
J12.2
77.2
9.5
12.1
37.0
4.7
3.1
5.8
3.6
3.0
3.6
9.2
-20.5
$11.3
77.2
9.5
12.1
37.0
4.7
3.1
5.8
3.6
3.0
3.6
9.2
$11.3
77.2
9.5
12.1
37.0
4.7
3.1
5.8
3.6
3.0
3.6
9.2
$12.2
77.2
6.5
12.1
37.0
4.
3.
5.
3.
3.
3.
9.2
-20.5
-10.2
$11.3
77.2
6.5
12.1
37.0
4.7
3.1
5.8
3.6
3.0
3.6
9.2
-20.5
Total, military sciences..
Aircraft and related equipment:
Aircraft weapons technology
Aircraft avionics technology.
Air mobility technology
Aeronautical technology
Heavy lift helicopter _.
Advanced helo development
Aircraft weapons. .
Aircraft avionics technology
Air mobility support
Aircraft avionics
Aircraft weapons
Air mobility equipment
Utility tactical transportaircraff system
Advanced aerial fire support system (AAFSS).
New advanced attack helicopter
Undistributed adjustments. ^
Aircraft missiles and rockets
115.1
1.4
3.7
8.2
6.1
7.0
15.5
1.7
4.4
6.6
2.7
31.8
2.1
7.9
52.6
186.0
205.5
185.0
204.5
204.5 171.8
181.0
1.8
4.1
9.1
8.1
30.0
11.8
10.0
7.0
11.9
5.4
27.5
2.0
29.9
9.4
2.1
3 3
8.2
7.9
53.0
14.5
6.2
3.1
13.2
6.9
11.0
3.0
64.0
58.6
2.1
3.3
8.2
7.9
53.0
14.5
6.2
3.1
13.2
6.9
11.0
3.0
64.0
58.6
2.1
3.3
8.2
7.9
53.0
11.5
6.2
3.1
13.2
6.9
11.0
3.0
50.4
26.3
2.1
3.3
8.2
7.9
53.0
11.5
6.2
3.1
13.2
6.9
11.0
3.0
50.4
3.5
30.0
2.1
3.3
8.2
7.9
38.0
8.5
6.2
3.1
13.2
6.9
1.9
3.0
50.4
4.0
2.1
3.3
8.2
7.9
38.0
11.5
6.2
3.1
13.2
6.9
11.0
3.0
50.4
4.0
29.5
-5.0
Total, aircraft and related equipment.
178.0
168.0
255.1
255.1
179.9
213.3
151.7
198.4
Missiles and related equipment:
Missiles ,
Missile technology. ,
Air defense—Advanced development
SAM development (SAM-D)
Advanced ballistic missile Defense
Terminal homing and warhead— Advanced development.,
Air defense suppression— Lethal/degradation
Site defense of Minuteman
Man portable air defense system
Kwajalein missile range
White Sands missile range ....
Safeguard defense system
Surface to air missile— HAWK improvement program
CHAPARRAL/VULCAN
Division support missile— LANCE .
SSM-PERSHING 1 ,
Land combat support system
8.1
19.0
2.5
83.1
103.7
4.6
2.5 ,
25.0
3.6
77.3
75.0
364.0
9.8
2.6
51.1
5.3
2.0
8.0
19.0
5.6
115.7
96.1
25.0
6.9
79.7
78.9
358.0
6.0
3.4
28.3
4.6
2.0
8.1
17.4
3.5
171.4
102.1
33.3
2.9
140.1
18.0
77.1
76.9
306.5
5.5
9.7
7.7
8.2
1.9
8.1
17.4
3.5
171.4
102.1
33.3
2.9
140.1
18.0
77.1
76.9
306.5
5.5
9.7
7.7
8.2
1.9
8.1
17.4
3.5
171.7
98.9
33.3
2.9
73.3
18.0
77.1
76.9
255.5
5.5
9.7
7.7
6.6
1.9
8.1
17.4
3.5
171.
98.
33.
2.
113
18.
77.
76.
255.5
5.5
9.7
7.7
6.6
1.9
8.1
17.4
3.5
171.4
98.9
33.3
2.9
94.1
3.0
77.1
76.9
255.5
5.5
9.7
7.7
6.6
1.9
8.1
17.4
3.5
171.4
98.9
33.3
2.9
94.1
18.0
77.1
76.9
255.5
5.5
9.7
7.7
6.6
1.9
Total, missiles and related equipment.
Military astronautics and related equipment:
Defense satellite communication system
848.6
896.9
990.3
990.3
867.7
907.7
873.5
888.5
6.1
10.8
18.9
18.9
18.9
18.9
18.9
18.9
Ordnance, combat vehicles, and related equipment:
Surface mobility components and techniques...
Firepower other than missiles
Army small arms program
Chemical munitions technology
Nuclear munitions development
Mine warfare
Army small arms program
Weapons and ammunition
Chemical munitions concepts
Tank systems
Weapons and ammunition
Mobility
Mine and countermines
Chemical devices . .
SHILLELAGH
Main battle tank
Heavy anti-tank assault weapon — TOW
Medium anti-tank assault weapon— DUAGON..
Howitzer medium 155mm.— xm 198
6.6
11.0
5.9
2.4
.6
3.1
4.3
3.5
1.0
14.4
11.8
7.3
2.4
36.0
1.4
18.8
7.0
14.5
5.2
2.1
.7
11.2
4.9
6.1
3.3
20.0
22.3
16.3
6.8
1.3
2.1
20.0 .
.7
12.7
6.9
17.8
6.2
2.4
.8
9.2
4.3
6.9
3.6
19.7
32.0
45.0
13.0
1.1
5.9
6.9
17.8
6.2
2.4
.8
9.2
4.3
6.9
3.6
19.7
32.0
45.0
13.0
1.1
5.9
6.9
13.8
6.2
2.4
.8
9.2
4.3
6.9
3.6
32.0
39.8
13.0
1.1
4.4
6.9
13.8
6.2
2.4
.8
9.2
4.3
6.9
3.6
19.7
32.0
39.8
13.0
1.1
4.4
6.9
13.8
6.2
2.4
.8
9.2
4.3
6.9
3.6
19.7
32.0
37.8
13.0
1.1
4.4.
6.9
13.8
6.2
2.4
.8
9.2
4.3
6.9
3.6
19.7
32.0
37.8
13.0
1.1
4.4
.2
3.4
.2
3.4
.2
3.4
.2
3.4
.2
3.4
.2
3.4
Total, ordnance, combat vehicles, and related equipment 145.2 178.7 197.1
197.1
166.7
186.5
184.4
184.4
Other equipment:
Communication electronics
Topographical and geological investigation
Combat support.
Defense against chemical biological agents
Mine detection and neutralization.
Technical support to the military man
Land warfare laboratory
Combat support equipment I
Communications development
Mapping and geodesy ^
Therapeutic development '.'.'.".
Surveillance, target acquisition and night observation.
Chemical biological defense materiel concepts
Command and control
9.0
4.1
5.2
14.8
3.2
7.9
6.3
13.8
3.9
5.4
8.5
22.4
4.8
5.6
13.8
2.8
7.5
9.1
3.8
12.8
6.4
13.2
2.7
6.3
9.0
24.5
4.2
20.5
13.1
3.2
10.1
8.5
4.4
14.8
6.3
19.8
3.2
4.3
9.1
38.9
3.1
19.2
13.1
3.2
10.1
8.5
4.4
14.8
6.3
19.8
3.2
4.3
9.1
38.9
3.1
19.2
13.1
3.2
10.1
8.5
4.4
14.8
6.3
19.8
3.2
4.3
9.1
38.9
3.1
19.2
Footnotes at end of table.
13.1
3.2
10.1
8.5
4.4
14.8
6.3
19.8
3.2
4.3
9.1
38.9
3.1
19.2
13.1
3.2
10.1
8.5
4.4
14.8
6.3
19.8
3.2
4.3
9.1
34.9
3.1
19.2
13.1
3.2
10.1
8.5
4.4
14.8
6.3
19.8
3.2
4.3
9.1
34.9
3.1
19.2
Final
$11.3
77.2
6.5
12.1
37.0
4.7
3.1
5.8
3.6
3.0
3.6
9 2
-20.5
181.0
2.1
3.3
8.2
7.9
38.0
11.5
6.2
3.1
13.2
6.9
1.9
3.0
50.4
4.0
20.0
S.3
185.0
8.1
17.4
3.5
171.4
98.9
33.3
2.9
94.1
18.0
77.1
76.9
255.5
5.5
9.7
7.7
6.6
1.9
888.5
18.9
6.9
13.8
6.2
2.4
.8
9.2
4.3
6.9
3.6
19.7
32.0
37.8
13.0
1.1
4.4
.2
3.4
3.6
188.1
13.1
3.2
10.1
B.5
4.4
14.8
6.3
IS. 8
3.2
4.3
9.1
34.9
3.1
19.2
368
Program
element
number Program element title
54701 A
WUA
i4516A
;4717A
)47?3A
;4724A
i4725A
i4727A
i5701A
i5702A
;5704A
i5705A
!3626A
!8010A
iSSOlA
i5gC3A
i5804A
I1212A
CONGRESSIONAL RECORD — SENATE
FISCAL YEAR 1973 R.D.T. & E, AUTHORIZATION AND APPROPRIATION ACTION-Continued
|ln millions of clollars|
Januanj 4, 1973
1151N
D151M
I 5152fJ
I 5153N
I 5154N
(3251M
f3252N
(3253N
( 3256r<
f 3257N
M251N
H252N
f 42d3.M
f 1254N
c42%N
;jii4N
;»ii5N
;ii22r^
ai31N
iJ215K
iU12N
^3671N
ii572N
; 3673N
2 5674N
ej35ir4
6i352N
6i353N
6i354N
6i355N
3i3s7M
6i358rj
6 I359N
6i360r<
6 1351 N,
61352N
51353N
6I354N
6I356N
5I360N
6i351N
6i352CJ
,221N
!215N
2>e75N
2 i676N
)677N
J678N
Fiscal
year
1971
program
Fiscal
year
1972
program
Fiscal
year
1973
estimate
Fisul year 1973
authorization action
House Senate
Final
Fiscal year 1973
appropriation action
House Senate Fmal
R D.T. and E. ARMY— Continued ,
Other equipment — Continued '
Communications— Engineering development
Combat feeding, clothing, and equipment I....'..
Mapping and geodesy
General combat support '...'..
Surveillance target acquisition, and night observation system.
Chemical biological defense materiel
Chemical combat support,
Command and control,
Communications electronics test activities I
Test combat equipment
Oeseret Test Center, . _ _ '_
Modern Armv selected systems test, evaluation, and revi«w..
Tactical fire direction system
TRI-TAC
R.9
2.5
1.5
14.6
13.1
2.0
.8
3.4
9.7
42.7
11.7
5.4
8.5
8.0
J10.7
5.4
2.5
13.4
13.3
1.7
.9
3.5
11.8
48.8
10.9
5.5
4.7
5.2
J5.7
4.7
2.5
11.5
22.2
2.3
.4
3.3
10.7
61.2
9.6
4.0
5.3
11.5
$5.7
4.7
2.5
11.4
22.2
2.3
.4
3.3
10.7
61.2
9.6
4.0
5.3
11.5
J5.7
4.7
2.5
11.4
22.2
2.3
.4
3.3
10.7
57.2
9.6
4.0
5.3
11.5
$5.7
4.7
2.5
11.4
22.2
2.3
.4
3.3
10.7
57.2
9.6
4.0
5.3
11.5
$5.7
4.7
2.5
11.4
22.2
2.3
.4
3.3
10.7
57.2
9.6
4.0
5.3
11.5
$5.7
4.7
2.5
$5.7
4.7
2.5
11.4
22.2
2.3
.4
3.3
10.7
57.2
9.6
4.0
5.3
11.5
Total, other equipment.
296.0
348.1
397.0
397.0
392.7
392.7
385.0
384.7
384.7
Programwide management and support:
Programwide activities
Technical mforwation activities
Institute of the individual soldier,..
Civilian training pool
55.5
1.9
59.0
2.3
56.2
2.2
56.2
2.2
56.2
2.2
56.2
2.2
56.2
2.2
56 2
2.2
56.2
2.2
.8
.5
.5
Total, programwide management and support.
58.2
62.2
58.9
58.9
58.9
58.9
58.9
58.9
Federal contract research centers
General undistributed reduction (5 percent), ."...V.V.V-V.V.V.V.V....V-V-V..V.V"— T04. 8
-3.5
-3.5
Total, R.D.T. & E.— Army ^ 1,697.2
R D.T. & E. NAVY
58.9
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ -72.6
1, 850. 7 2. 122. 7 1, 997. 3 1, 885. 8 1, 979. 0 1,746.1 1,879.0 18291
-3.5
-94.6
-3.5
-32.3
Military sciences:
Research
Studies and analyses support — Marine Corps.
Stud es and analyses support— Navy,
Center tor Naval Analysis— Marine Corps
Center lor Naval Analysis— Navy
Military science reduction (10 percent)
General reduction (5 percent)
114.6
1.9
9.2
.9
6.6
124.9
2.2
9.3
.7
6.5
1131.
2.
12.
1.
6.8
131.6
2.3
12.4
1.0
6.8
-15.4
131.2
2.3
9.2
1.0
6.8
131.2
2.3
9.2
1.0
6.8
131.6
2.3
9.2
1.0
6.8
-15.1
-8.C
131.2
2.3
9.2
1.0
6.8
-15.1
131.2
2.3
9.2
1.0
6.8
-15.1
Total military sciences.
133.2 1143.6
154.1
138.7
150.5
150.5
127.8
135.4
135.4
Aircraft and related equipment:
Aircraft systems— Advanced development '
Aircraft propulsion— Advanced development
Avionics —Advanced develogment, , . ,,_
Other aircraft development— Advanced development
V.'STOL for sea control ships— Prototype, advanced development
Aircraft systems— Engineering development
Aircraft prooulsion— Engineeiing development.. S
Avionics— Engineering development
Air antisubmarine warfare — Engineering development...?
Other aircraft development— Engineering development
Target development— Engineering development
A -6 squadrons, ,,
A-7 squadrons
F-14 squadrons __. "_.,
Early warning aircraft squadrons (E-2C)
Carriei based antisubmarine warfare aircraft (S-3A)
Destroyers ,., ,, ..,
Aircraft systems— Operational systems development
Aircraft propulsion -Operations systems development
Air antisubmarine warfare systems— Operations systems development.
Air electronic warfare— Operational systems development
Totai. aircraft and related equipment
6.0
1.4
"ii.'7"
61.3
2.0
276.4
3.2
4.2
282.8
57.5
7.1
5.9
1.6
8.0
"160.2"
3.1
9.2
1.7
8.2
1.5
.5
128.1
30.9
208.4
10.2
3.6
1.0
24.0
14.0
4.2
4.7
.3
12.0
4.6
4.6
"is.'o'
2
12
1
9
6,
5
162
14
36.8
20.7
5.1
4.2
"9.0"
10.2
3.6
1.0
24.0
14.0
"'2."6'
12.9
1.2
9.4
6.7
5.8
162.6
14.1
36.8
20.7
5.1
4.2
■"9'0"
10.2
3.6
1.0
16.0
14.0
"""2.6"
12.9
1.2
9.4
6.7
5.8
162.6
14.1
36.8
20.7
5.1
4.2
""'g'o'
10.2
3.6
1.0
16.0
14.0
2.
12.
1.
9.
6.
5.
162.
14.
36.
20.
5.
4.
10.2
10.2
10.2
3.6
3.6
3.6
1.0
1.0
1.0
16.0
16.0
16.0
10.0
10.0
10.0
2.0
2.0
2.0
12.9
12.9
12.9
1.2
1.2
1.2
9.4
9.4
9.4
4.9
4.9
4.9
3.6
3.5
3.5
162.6
162.6
162.6
14.1
14.1
14.1
36.8
36.8
36.8
20.7
20.7
20.7
5.1
5.1
5.1
4.2
4.2
4.2
9.0
9.0
9.0
9.0
762.2
609.4
384.9
384.9
375.9
375.9
369.0
367.9
367.9
Missiles and related equipment;
Air launched weaponry, systems technology— Advanced development
Surface launched weaponry, systems technology— Advanced development..
Air-to-ground weapon Technology— Advanced Development
Air-to-air weapon technology— Advanced development
Defense suppression weapon technology— Advanced development
Cruise missiles -Advanced development. . .
Weaponizing of ships -Prototyping- Advanced development
Submarine launched cruise missile
Anti-ship weaponry— Advanced development,
Undersea long range missile system— Advanced development ,
Air launched weaponry, systems technology -Engineering development
Surface launched weaponry, systems technology— Engineering development.
Air-to-ground weapon technology— Engineering development
Air-to-air weapon technology -Engineering development- j..
AEGIS -Engineeiing development
TRIDENT Engineering development
Pacific mis'ile range.,
Mis'sile and weapons system test instrumentation
Fleet ballistic missile system ,,
Anti-ballistic missile support , ,, ,
Defense suppression weapons -Operational systems development.
Air-to-air weaponry Operational systems development
Aii-to-surface weaponry Operational systems development
Surface defensive system Operational systems developmtnt
2.3
6.3
8.0
1.0
4.2
6.3
22.1
5.8
10.0
.5
17.9
43.7 .
2.8 .
38.0
1.0
1.0
72.0
36.5
7.0
7.3
26.1
7.3
20.0
6.0
20.0
60.3
7.0
7.3
26.1
7.3
20.0
6.0
20.0
60.3
7.0
7.3
26.1
7.3
12.0
6.0
58.3
7.0
7.3
26.1
7.3
16.0
6.0
10.0
58.3
7.0
7.3
26.1
7.3
14.0
6.0
2.0
58.3
7.0
7.3
26.1
7.3
14.0
6.0
10.0
58.3
7.0
7.3
26.1
7.3
14.0
6.0
6.0
58.3
Total, missiles and related equipment
58.8
3.4
99.3
5.0
3.4
9.9
24.9
7.7
438.1
50.5
1.0
.2 ,
99.2
104.8
65.2
1.5
33.2
65.3
.5
65.3
.5
61.9
.5
61.3
.5
58.9
.5
58.9
.5
58.9
.5
82]^
555.4
66.8
2.0
22.2
82.3
555.4
66.6
2.0
22.2
79.2
535.4
66.8
2.0
21.1
79.2
535.4
66.8
2.0
21.1
79.2
470 4
66.8
2.0
21.1
79.2
470.4
66.8
2.0
21.1
79.2
470.4
66.8
2.0
21.1
25.0
23.6
5.4
21.5
8.9
1.7
21.5
8.9
1.7
520.9 1.026.3 1,026.3
21.5
8.9
1.7
964.7
21.5
8.9
1.7
978.8
21.5
8.9
1.7
900.6
21.5
8.9
1.7
908.6
21.5
8.9
1.7
904.6
Military astronautics and related equipment'
1I225N Navy navigation stellite system improvements.
3|023N Mapping, charting, and geodesy . , ,r.
3.0
.4
Total, military astronautics and related equipment.
Footnotes at end of table.
26.1
43.0
.4
99.8
.4
99.8
.4
99.8
.4
99.8
.4
89.8
.4
89.8
.4
89.8
Januanj k, 1973
CONGRESSIONAL RECORD — SENATE
369
Program
element
number Program element title
63520N
63551 N
63552N
63553N
63554N
63555N
63556N
63557 N
63558N
63559N
63561 N
64553 N
64556N
64561 N
12898N
2431 IN
2441 IN
25651N
25682N
31015N
32015N
63651 N
63660M
64651 N
64660M
24614N
25685N
26620M
646 56N
62751N
62752N
62753N
•62754N
62755N
62756N
62757N
63751N
63755N
63757N
63758N
63765M
63766 M
63770N
63771N
63775N
63776N
63777N
63778N
63781N
63785N
63790N
63791 N
63793N
64751 N
64755N
64757N
64758N
64761 N
64765N
64766M
64770N
64778N
64781 N
64790N
25696N
26621 M
26622 M
28010M
2701 2N
33113N
65851 N
65852 N
65853N
65854M
65855N
65856N
65857 N
e535»l
65859\
65860N\
01004N
Fiscal Fiscal
year year
1971 1972
program program
Fiscal
year
1973
estimate
Fiscal year 1973
authorization action
House Senate
Final
Fiscal year 1973
appropriation action
House Senate Final
Ships, small carft, and related equipment;
Advanced communications ., _
Surface platforms— Advanced development _
Surface propulsion- Advanced development , ,
Surface antisubmarine warfare— Advanced development
Surface electronic warfare — Advanced development
Other surface development— Advanced development
Surface electronics— Advanced development
Logistics— Advanced development
Reactor propulsion plants -Advanced development..
Nuclear electric power plants— Advanced development
Submarines— Advanced development.
Surface antisubmarine warfare- Engineering development,
Surface electronics— Engineering development
Submarines- Engineering development
Western Pacific northern compatibility program
Submarines
Fleet escort— Major..
OMEGA
Surface antisubmarine warfare— Operational systems development.
Special collection activities
National military command system— Wide support
PHM-hydrofoil
$1.4
38.1
3.1
1.5
11.2
7.6
.6
1.4
32.0
.6
6.0
.3
1.3
4.5
.7
$1.0
57.5
5.5
9.9
16.6
6.7
.5
34.4
.5
6.0
.3
$3.4
80.1
14.0
21.8
9.7
5.2
1.7
.8
41.8
.5
5.6
$3.4
80.1
14.0
21.8
9.7
5.2
1.7
.8
41.8
.5
5.6
$3.4
72.1
14.0
21.8
9.7
5.2
1.7
.8
41.8
.5
5.6
$3.4
80.1
14.0
21.8
9.7
5.2
1.7
.8
41.8
.5
5.6
$3.4
72.1
14.0
21.8
9.7
5.2
1.7
.8
41.8
.5
5.6
$3.4
81.1
14.0
21.8
9.7
5.2
1.7
.8
41.8
.5
5.6
$3.4
72 1
14.0
21.8
9.7
5.2
1.7
.8
41.8
.S
5.6
1.1
.2
3.5
.9
.1
1.8
8.1
2.2
9.3
2.2
9.3
2.2
9.3
2.2
9.3
2.2
9.3
2.2
9.3
- 2.i
9.3
28.1
.4
28.1
.4
28.1
.4
28.1
.4
28.1
.4
28.1
.4
28.1
.6
.4
4.1
1.8
.4 ..
2.1
1.5
2.1
1.5
2.1
1.5
2.1
1.5
2.1
1.5
2.1
1.5
2.1
1.5
Total, ships, small craft, and related equipment .". 278.1
411.3
430.2
430.2
421.
Ordnajice, combat vehicles and related equipment;
Ordnance and fuzing -Advanced development
Marine Corps weaponry - Advanced development...
Ordnance and fuzing -Engineering development...
Marine Corps weaponry— Engineering development.
4.3
1.1
4.6
2.1
4.3
2.2
7.6
1.3
CAPTOR.
Submarine tactical warfare system -Operational systems development.
Marine Corps weaponry- Operational systems development
Mine countetmeasures— Engineering development
41.6
17.1
5.2
1.2
3.8
1.6
19.4
7.0
.4
5.2
1.2
3.8
6
li
5.
1.
3.8
1.6
19.4
7.0
.4
429.2
30.4
452^6
30.4
460.6
30.4
451.6
5 2
1,2
3.8
1.6
19.4
7.0
.4
5.2
1.2
3.8
1.6
19.4
7.0
.4
5.2
1.2
3.8
1.6
19.4
7.0
.4
Total, ordnance, combat vehicles, and related equipment.
64.2
60 0
44.8
44.8
44.8
44.8
44.8
44.8
44.8
Other equipment;
Undersea target surveillance technology
Command and control technology ,,
Weaponry technology ,,
Naval vehicle technology ;
Support technology
Laboratory independent exploratory development
Nuclear propulsion ,
Electro-magnetic optical systems -advanced development
Tactical command and control— advanced development
Navigation -Advanced development, , .,, ,,,
Communications- Advanced development. ,
Other Marine Corps development— Advanced development
Marine Corps data systems— Advanced development
Human resources— Advanced development
Medical— Advanced development,.
Oceanographic systems— Advanced development
Ocean engineering technology Advanced development
Special operations -Advanced development , ,,
Environmental applications— Advanced development,
Biological chemical protection— Advanced development
Environmental protection -Advanced development
Special warfare— Advanced development _
Reliability and maintainability initiative
ASW sensors-prototype— Advanced development
Electro-magnetic optical systems— Engineering development
Tactical command and control— Engineering development
Navigation— Engineering development
Communications Engineering development
Intelligence— Engineering development
Other Marine Corps development— Engineering development —
Marine Corps data systems— Engineering development
Human resources— Engineering development
Environmental applications- Engineering development
Biological chemical protection — Engineering development
Special warfare- Engineering development
Oceanographic systems— Operational systems development.
Other Marine Corps development- Operational systems development.
Marine Corps data systems— Operational systems development
TRI-TAC— Marine Corps,
Defense special projects group
Navy communication system modernization
32.9
17.1
62.6
34.0
6ZS
10.4
19.8
8.5
3.6
* .5
.7
2.8
2.5
3.6
3.0
6.9
9.S
1.5
1.9
.7
4.7
36.3
17.9
71.0
39.2
81.8
13.9
20.1
16.4
3.2
1.2
3.1
3.0
4.0
3.2
8.8
8.9
1.7
1.2
.6
1.9
10.1
3.9
4.3
.5
1.1
7.8
3.2
.7
.9
1.0
.4
1.0
.9
5.0
2.3
1.5
4.0
.1
1.5
7.9
4.7
.3
38.1
20.1
77.2
41.1
87.9
14.6
21.0
15.9
2.6
1.0
1,7
4.0
4.3
4.3
7.4
9.7
1.7
1.3
.5
4.3
7.2
10.8
5.0
8.1
5.6
.3
38.1
20.1
77.2
41.1
87.9
14.6
21.0
15.9
2.6
1.0
1.7
4.0
4.3
4.3
7.4
9.7
1.7
1.3
.5
4.3
7.2
10.8
5.0
8.1
5.6
.3
38.1
20.1
77.2
41.1
87.9
13.9
21.0
15.9
2.6
1.0
1.7
4.0
4.3
4.3
7.4
9.7
1.7
1.3
.5
4.3
7.2
5.0
5.0
8.1
5.6
.3
38.1
20.1
77.2
1.0
1.7
4.0
4.3
4.3
7.4
9.7
1.7
1.3
.5
4.3
7.2
5.0
5.0
8.1
5.6
.3
38.1
20.1
77.2
41.1
87.9
14.6
21.0
15.9
2.6
LO
1.7
4.0
4.3
4.3
4.3
7.2
5.0
5.0
8.1
5.6
.3
38.1
20 1
77.2
41.1
87.9
13.9
21.0
15.9
2.6
1.0
1.7
4.0
4.3
4.3
7,4
9.7
1.7
1.3
.5
4.3
7.2
5.0
5.0
8.1
5.6
.3
38.1
20.1
77.
41.
87.
13.
21.
15.
2
1.
1.
4.
4.
4.
7.
9.
1.
1.
4!
7.
2
1
9
9
0
9
6
0
7
0
3
3
4
7
7
3
5
3
2
5.0
5.0
8.1
5.6
.3
4.1
8.0
.5
.4
1.1
.4
1.5
8.1
.5
1.0
1.1
.8
1.5
8.1
.5
1.0
1.1
.8
1.5
8.1
.5
1.0
1.1
.8
1.5
8.1
.5
1.0
1.1
.8
1.5
8.1
.5
1.0
1.1
.8
1.5
8.1
.5
1.0
1.1
.8
1.5
8.1
.5
1.0
1.1
.8
.5
1.3
1.7
1.3
.9
2.7
3.1
.9
2.7
3.1
.9
2.7
3.1
.9
2.7
3.1
.9
2.7
3.1
.9
2.7
3.1
.9
2.7
3.1
Total, other equipment 367.0
440.7
517.5
517.5
507.0
507. 0 507. 0
507.0
507.0
Programwide management and support:
Facilities and instillation support .,.
Ailantic Undersea Test and Evaluation Center
Management and technical support, , .
Special laboratory support Marine Corps,.
Navy Arctic Research Laboratory Point Barrow,.
Strategic tech.-ic.il support,,
International R.D.T &E
Tac'ic.il electronics support
Antish;p missile defense test range
U.S.S Hip Pocket ,., ...
Internationiil military headquarters and agencies.
109.6
14.5
10.9
4.6
122.0
12.9
II. 1
2.9
2.0
.5
.9
1.2
.6
1.6
Total, programwide management and support M3.1
.6
152.9
112.6
12.1
10.3
4.3
4.5
1.7
.6
5.1
5.0
3.0
112.6
12.1
10.3
4.3
4.5
1.7
.6
5.1
5.0
3.0
112.6
12.1
10.3
4.3
4.5
1.7
.6
5.1
5.0
3.0
112.6
12.1
10.3
4.3
4.5
1.7
.6
5.1
5.0
3.0
159.1
159.1
159.1
159.1
112.6
12.1
IU.3
4.3
4.5
1.7
.6
5.1
5.0
3.0
159.1
112.6
12.1
10.3
4.3
4.5
1.7
.6
5.1
5.0
3.0
112.6
12.1
10.3
4.3
4.5
1.7
.6
5.1
5.0
3.0
Federal contract research centers.
General undistributed reduction...
-14.3
Total. Navy
Footnotes at end of table.
2.212.0 2.381.8 >2.&16.8
-139.8
'2,661.5 '2,708.8
-14.3 -14.3
-22.0 -129.7
159.1
.^4.3
-57.6
1S9.1
-14.3
-97.6
2,708.8 '2.507.3 '2,601.2 '2 548.3
3
(0
CONGRESSIONAL RECORD — SENATE
FISCAL YEAR 1973 R.O.T. S E. AUTHORIZATION AND APPROPRIATION ACTION-Continued
» |ln millions of dollarsl
January 4,
1973
Pro
[ram
lent
ber
Fiscal
Program element title 1 program
Fiscal
year
1972
program
Fiscal
year
1973
estimate
Fiscal year 1973
authorization action
Fiscal year 1973
appropriation action
•le
House
Senate
Final
House
Senate
Final
611
I2F
IIF
I2F
IIF
I2F
IIF
I2F
IIF
I2F
i3F
14 F
I2F
I3F
I5F
I7F
IF
4F
'5F
'9F
12F
13F
15F
«F
;7F
I6F
^F
2F
5F
OF
i7F
5F
3F
IF
9F
6F
9F
i2F
I5F
IF
4F
IIF
I8F
i9F
ilF
>2f
I4F
I2F
8F
3F
19F
ilF
.3F
IIF
'2F
8F
IF
:iF
:4F
8F
6F
2F
IF
5F
OF
'IF
OF
9F
8F
IF
2F
IF
5F
IF
2F
3F
'oot
R.O.T. & E. AIR FORCE
Military sciences:
»37.5
9.1
25.2
5.3
6.1
8.0
1.5
$92.8
9.5
26.1
3.1
5.3
8.0
1.5
$92.8
9.5
26.1
3.1
5.3
8.0
1.5
-14.6 .
$92.4
9.5
26.1
3.1
5.3
8.0
1.5
$92.4
9.5
26.1
3.1
5.3
8.0
1.5
$92.4
9.5
26.1
3.1
5.3
8.0
1.5
-14.6
-6.9 .
$92.4
9.5
26.1
3.1
5.3
8.0
1.5
-14.6
$92.4
621
621
Environment .; 9- 1
Materials . . .1 , 23.6
9.5
26.1
631
631
Preliminary design and development uz 6.4
Innovations in education and training - . . 5.0
3.1
5.3
651
RAND ll-O
8.0
651
ANSER - 1-6
1.5
Militarv science reduction (10*^^ * ' - ..... .........
-14.6
Total, military sciences
141.9
142.7
146.3
131.7
145.9
145.9
124.3
131.3
131.3
622
Aircraft and related equipment:
33.7
20.6
28.5
46.9
21.9
20.0
20.0
31.5
20.9
29.1
47.2
15.8
21.9
15.0
31.5
29.0
29.1
47.2
15.8
21.9
15.0
31.5
20.9
29.1
47.2
15.8
21.9
15.0
31.5
20.9
29.0
47.2
15.8
21.9
15.0
31.5
20.9
26.4
47.2
15.9
21.9
15.0
31.5
20.9
26.5
47.2
15.8
21.9
15.0
31.5
622
622
Aerospace biotechnology 17-8
Aerospace propulsion _ ..,,,..._.-.._- - ...... 27.6
20.9
26.5
622
47.2
632
15.8
632
632
632
632
Advanced avionics for aircraft -. ^ 16.7
Flight vehicle subsystem concepts 16.5
Advanced f're control -Missile technology 1.2 .
21.9
15.0
13.9
12.0
12.0
12.0
12.0
12.0
12.0
12.0
632
632
632
632
Subsonic cruise armed decoy— SCAD
10.0
48.6
48.6
44.0
48.6
44.0
48.6
48.6
Advanced aenal target technology ...... *.3
4.8
47.0
6.0
6.0
4.7
48.1
46.0
51.8
1.0
5.6
454.5
12.0
444.5
10.2
17.7
4.7
48.1
46.0
51.8
1.0
5.6
454.5
12.0
444,5
10.2
17.7
4.7
48.1
46.0
51.8
1.0
5.6
454.5
11.4
444.5
10.2
17.7
4.7
48.1
46.0
51.8
1.0
5.6
454.5
11.4
444.5
10.2 .
17.7
4.7
48.1
46.0
16.0
1.0
5.6
454.5
11.4
444.5
4.7
48.1
46.0
51,8
1.0
5.6
454.5
11.4
444.5
4.7
632
A X aircraft - 27.9
48.1
632
46.0
632
Advanced medium STOL TranSDOrt orototvoe .
25.0
63?
S^all Spin inhibitors . . ...
1.0
642
9.5
419.9
18.2
370.3
5.6
642
F-15A 349.5
454.5
642
Aircraft equipment dftvelopment . ... . .............._.....».... Ib.o
11.4
642
B I 75.0
444.5
642
010
FP-l 11 A
42.5
17.7
17.7
17.7
111
111
271
2.0
1.5
271
F-IU squadrons _.
49.4
19.2
5.0
5.0
5.0
5.0
5.0
5.0
5.0
351
411
.7
11.6
22.4 .
Total aircraft and related equipment -
Missiles and related equipment:
767.1
1.181.3
1, 343. 1
1,343.1
1,337.9
1, 342. 4
1,289.2
1,329.8
1,302.9
623
21.3
20.3
8.4
95.8
1.3
7.5
24.5
8.4
132.0
1.5
8.3
24.5
8.4
132.0
1.5
8.3
24.5
8.4
112.0
1.5
8.3
24.5
8.4
112.0
1.5
8.3
24.5
8.4
114.0
1.5
8.3
24.5
8.4
112.0
1.5
8.3
24.5
633
Advanced ICBM technology . ... .. .
6.0
8.4
633
633
Advanced ballistic re-entry systems— ABRES
100.0
1.0
112.0
1.5
643
643
643
Tactical air-to-ground missile— MAVERICK
27.9
7.0
8.3
Hound Dog 11. - -
2
5.1
85.4
15.0
62.7
15.0
62.7
15.0
62.7
15.0
62.7
15.0
82.7
15.0
62.7
15.0
653
Western test range , .... .., 67.8
62.7
653
653
120.2 .
Western test range telecommunications. ...-. ..
4.9
4.9
4.9
4.9
4.9
4.9
4.9
4.9
4.9
653
111
112
.4 .
~ 5fi 5
12.0 .
181.6
MINUTEMAN squadrons 270.2
154.7
154.7
151.7
151.7
151.7
151.7
151.7
124
271
NIKE targets 7.0 .
Tactical AIM missdes . . .... ... ... 1>0
7.8
2.7
.7
2.7
.7
2.7
.7
2.7
.7
2.7
.7
2.7
.7
2.7
272
Tactical drone support
.7
Total, missiles and related equipment
691.4
410.1
415.4
415.4
392.4
392.4
394.4
392.4
392.4
634
634
Military astronautics and related equipment:
Space vehicle subsystems
Soace test oroflram . ....
10.0
17.0
7.2
18.7
1.6 .
3.0 .
2.7
23.4
2.1
5.4
15.0
31.6
3.3
4.9
12.8
4.9
12.8
4.9
12.8
4.9
12.8
4.9
12.8
4.9
12.8
4.9
12.8
634
634
634
623
Advanced liquid rocket technology
3.6
2.5
T"
Satellite system lor precise navigation 2.0
Advanced surveillance technology. ... ..... ... 12.5
3.0
24.9
8.1
10.1
13.5
21.7
5.0
3.0
24.9
8.1
10.1
13.5
21.7
5.0
3.0
24.9
8.1
5.1
13.5
21.7
5.0
3.0
24.9
8.1
5.1
13.5
21.7
5.0
3.0
24.9
8.1
5.1
13.5
21.7
5.0
1.6
31.8
3.6
1.8
23.0
3.0
24.9
8.1
5.1
13.5
21.7
5.0
1.6
31.8
3.6
1.8
23.0
3.6
24.9
634
644
654
124
Missile and space defense concepts 3.8
Space defense system
Aerospace-. 19-5
8.1
5.1
13.5
21.7
310
331
336
Defense system application program .... 8.8
5.0
1.6
11.6
19.6
3L7
3.4
17.8
29.8
3.6
1.8
23.0
29.8
3.6
1.8
23.0
24.8
3.6
1.8
23.0
29.8
3.6
1.8
23.0
31.8
351
32.4
3.6
351
1.8
351
Satellite data system
13.3
23.0
Total military astronautics and related equipment
429.7
341.1
350.7
35a7
340.7
345.7
349.3
349.3
349.3
626
Ordnance combat vehicles and related equipment:
Advanced ^veaoons .........
10.3
15.0
12.2
8.7
28.1
.5
7.7
20.3
24.6
13.2
11. 1
21.8
.5
. 7.6
21.8
24.6
13.2
11.1
21.8
.5
7.6
21.8
24.6
13.2
11.1
21.8
.5
7.6
21.8
24.6
13.2
11.1
21.8
.5
7.6
21.8
24.6
13.2
11.1
21.8
.5
7.6
21.8
24.6
13.2
11.1
21.8
.5
7.6
21.8
24.6
13.2
626
Conventional munitions . ............. ................. 10. 2
636
11. 1
21.8
.5
7.6
21.8
636
646
Advanced radiation technology 18. 7
Chemical biological defense equipment ..............._...... -S
646
646
Improved aircraft gun systems 9.6
Total ordnance combat vehicles and related equipment.
Qotes at end of table.
•
89.3
92.5
100.6
100.6
100.6
100.6
100.6
100.6
100.6
1
January 4, 1973
CONGRESSIONAL RECORD — SENATE
371
62702 F
62703F
63720F
63706F
63709F
63715F
63718F
63719F
63723F
63727 F
63728F
63731F
63739F
63740F
63741F
64701F
64702F
64706F
64708F
64709F
64710F
64711F
64718F
64723F
64728 F
64730F
64733F
64735F
64738F
64741 F
64742F
64743F
64744F
65702F
65704F
65705F
65706F
11312F
11316F
12417F
12425F
27412F
28010F
28012F
31025F
31036F
33125F
33401 F
35114F
65801 F
65802 F
65805 F
65806 F
61101D
621010
62105D
62301 D
62701 D
62702D
62703D
627060
65801 D
Program
•I'"""' » I W.I
number Program element title
Fiscal
year
1971
program
Fiscal
year
1972
program
Fiscal
year
1973
estimate
Fiscal year 1973
authorization action
Fiscal year 1973
appropriation action
House Senate
Final
House Senate
Other equipment:
Ground electronics
Human resources
Over-the-horizon (OTH) radar technology
Advanced command and control capability
LORAN D ,
Reconnaissance Intelligence exploitation.
Reconnaissance/Electronic v»arfare technology— AFAL..
Simulator for air to air combat.
Aerospace facility technology
Integrated communications. Navigational indentification ,
Advanced computer technology
Advanced detection systems development
Reconnaissance drones
Ground based sensor technology
Defense suppression ,.. .,
Tactical information processing and interpretation
Air traffic control beacon system— ATCRBS,'AI MS
Life support system ,
Other operational equipment ,
Improved tactical bombing ,
Intelligence/Reconnaissance equipment
Systems survivability
COBRA MIST.
Advanced airborne command post
Tactical Loran
Ground based sensors/Survedlance equipment
Surface defense suppression
Improved capability for operational test and evaluation
Protective system
Side looking radar
Precision emitter locator systems
Tactical support jamming
Advanced airborne warning and control system (AWACS)
Information analysis center
Electromagnetic compatibility analysis center_
Lincoln Laboratory
MITRE.
Post attack command and control system— PACCS
Strategic air command communications and control network— SACCON..
Conus over-the-horizon (OTH) radar ,
Over-the-horizon (OTH) radar system..
Tactical air contol system ,
Joint tactical communications program
Defense special projects group
Intelligence data handling system
Special reconnaissance vehicles
Air Force communications(AIRCOM>— Defense communications system.
Communications security ,
Traffic contol and landing system— TRACALS
$37.0
4.4
1.5
4.9
8.6
4.2
14.5
$39.3
5.1
1.2
2.8
$40.8
7.4
2.2
$40.8
7.4
2.2
$40.8
7.4
2.2
$40.8
7.4
2.2
$40.8
5.3
2.2
$40.8
5.3
2.2
3.3
1.5
2.1
7.0
1.6
14.0
2.5
1.0
5.5
13.8
5.9
9.7
3.1
12.0
1.
4.3
17.8
4.2
2.6
1.5
1.9
7.4
2.4
2.7
16.1
10.4
.3
5.5
8.4
5,3
11.7
3.1
8.7
4.2
15.2
3.2
2.6
.5
1.0
5.6
4.2
15.2
3.2
2.6
.5
1.0
5.6
4.2
15.2
3.2
2.6
.5
1.0
5.6
4.2
15.2
3.2
2.6
.5
1.0
5.6
4.2
15.2
3.2
2.6
.5
1.0
5.6
4.2
15.2
3.2
2.6
.5
1.0
5.6
2.0
2.8
1.0
32.2
2.7
29.5
87.0
1.9
5.4
19.5
9.0
.7
3.9
4.5
3.0
1.7
.8
14.0
1.0
7.9
2.5
1.2
7.3
139.3
5.3
6.3
8.5
10.1
22.5
.5
32.0
3.0
2.6
8.0
3.5
30.0
1.8
12.0
25.0
160.0
5.3
6.3
8.5
10. 1
22.5
.5
32.0
3.0
2.6
8.0
3.5
30.0
1.8
12.0
25.0
243.0
5.3
6.3
8.5
9.3
17.
20.
3.
2.
8.0
3.5
29.2
1.8
12.0
25.0
233.0
5.3
6.3
8.5
9.3
22.5
.5
28.9
2,9
2,6
8.0
3.5
29.2
1.8
12.0
25.0
233.0
5.3
6.3
8.5
10.1
13.5
.5
53.2
2.9
2,6
8.0
3.5
30.0
1.8
12.0
25.0
233.0
5.3
6.3
8.5
9.3
13.5
.5
24.5
3.0
2,6
8.0
3.5
29.2
1.8
12.0
25.0
233.0
5.0
18.0
8.5
4.5
18.0
8.5
4.5
18.0
8.5
4.5
18.0
8.5
4.5
18.0
8.5
4.5
18.0
8.5
4.5
18.0
8.5
4.1
2.6
1.3
4.3
.6
7.9
4.4
7.9
4.4
4.4
4.4
7.9
4.4
7.9
4.4
7.9
4.4
2.8
2.9
2.8
2.9
2.8
2.9
2.8
2.9
2.8
2.9
2.8
2.9
1.2
6.4
1.4
1.2
2.6
9.0
3.9
2.7
11.8
9.0
3.9
2.7
11.8
9.0
3.9
1.2
11.8
,9.0
3.9
2.7
11.8
9.0
3.9
2,7
6.1
9.0
3.9
2.7
6.1
Total, other equipment.
374.5
404.4
522.0
605.0
571.4
590.2
599.4
569.1
Programwide management and support:
International R,D,T.«iE
Arnold Engineering Development Center (AEDC).
Development and test support.
Acquisition and command support
Total, programwide management and support.
Federal contract research centers.
General undistributed reduction..
Total, Air Force.
R,D,T. «, E. DEFENSE AGENCIES
ARPA PROGRAM
Military sciences:
Defense research sciences
Technical studies...
Advanced engineering
Total military sciences.
Missiles and related equipment:
Strategic technology
Other equipment:
Nuclear monitoring research
Tactical technology
Advanced sensors 1.
Distributive information systems :.
Total other equipment.
85.2
78.6
84.4
84.4
80.5
84.4
70.6
70.6
Programwide management and support:
Project management support
General undistributed reduction.
3.7
3.7
3.7
3.7
3.7
-11.3
3.7
-7.1
Total, ARPA.
209.0
209.9
226.7
226.7
E2.8 226.7
201.6
205.8
OCA PROGRAM
Other equipment: ''
28012K Defense special projects group
32017K Worldwide military command and control system— Joint technical support
agency.
Footnotes at end of table.
14.0
1.5
9.3
1.6
1.7
1.7
1.7
1.7
1.7
Final
$40.8
5.3
2.2
4.2
15.2
3.2
2.6
.5
1.6
5.0
3.6
U.O
13.4
3.6
11.0
13.4
3.6
11.0
13.4
3.6
11.0
13.4
3.6
11.0
13.4
3.6
U.O
13.4
3.6
11.0
13.4
5.3
6.3
8.5
9.3
13.5
.5
53.2
2.9
2.6
8.0
3.5
29.2
1.8
12.0
25.0
233.0
4.5
18.0
8.5
7.9
4.4
2.8
2.9
9.0
3.9
2.7
6.1
597.8
1.2
2.4
4.1
4.1
4.1
4.1
4.1
4.1
4.1
8.7
12.6
53.7
53.7
53,7
53.7
53.7
53.7
53.7
143.5
140.3
138.7
138.7
138.7
138.7
138,7
138.7
138.7
179.9
194.0
187.6
187.6
187.6
187.6
187.6
187.6
187.6
333. 3
349.3
384.2
384.2
384. 2
384.2
384.2
384.2
384,2
-.2
-.2
-28.5
-.2
-160.4
-.2
-95.3
-.2
-135.3
-161.6
2. 827. 2
2,921.4
3, 262. 2
3,168.9
3,272.8
3, 272. 8
3.080.9
3,161.0
3,122.9
41.5
36.8
40.7
40.7
40.7
40.7
40.7
40.7
40.7
6.1
6.1
6.1
6.1
6.1
6.1
6.1
6.1
6.1
11.2
12.8
13.2
13.2
13.2
13.2
13.2
13.2
13.2
58.8
55.7
60.0
60.0
60.0
60.0
60.0
60.0
60.0
65.0
71.9
78.6
78.6
78.6
78.6
78.6
78.6
78.5
36.5
35.9
30.7
30.7
26.8
30.7
25.9
25.9
25.9
18.4
15.3
16.1
16.1
16.1
16.1
16.1
16.1
16.1
17.8
8.5
13.4
13.4
13.4
13.4
8.4
8.4
8.4
12.5
18.9
24.2
24.2
24.2
24.2
20.2
20.2
20.2
70.6
3.7
-9.2
203.7
1.7
Prigram
elf ment
nupiber Program element title
331 '16K
311 21L
31! 22L
31(25L
651 OlS
651 02s
iZ
CONGRESSIONAL RECORD — SENATE
FISCAL YEAR 1973 R.D.T & E AUTHORIZATION AND APPROPRIATION ACTION— Continued
^ [In millions of dollars]
January 4, 197s
Fiscal
year
1971
program
Fiscal
year
1972
program
Fiscal
year
1973
estimate
Fiscal year 1973
authorization action
Fiscal year 1973
appropriation action
House Senate
Final
House Senate
Final
27K
31K
DCA PROGRAM— Continued
Other equiptment— Continued
National military command system-wide support...
Defense communication system
Minimum essential emergency communications net.
i
J3,7
8.1
1.0
Jl.O
11.1
3.0
$1.0
8.2
3.0
$1.0
8.2
3.0
$1.0
8.2
3.0
$1.0
8.2
3.0
$1.0
$1.0
7.5
7.5
3.0
3.0
$1.0
7.5
3.0
Total, other equipment.
Total, DCA
DSA PROGRAM
Other equipment;
Intelligence production activities
Scientific and technological intelligence
Intelligence data handling system
Total, other equipment
General reduction _.
28.3
26.0
13.9
13.9
13.9
13.9
13.2
13.2
13 2
28.3
26.0
13.9
13.9
13.9
13.9
13.2
13.2
13.2
.4
.4
1.3
.2
.7'
.1
2.5
1.7
.1
2.5
1.7
.1
2.5
1.7
.1
2.5
1.7
.1
.5
1.2
.1
.5
1.2
.1
.5
1.0
Total. OIA.
2.1
.9
4.3
4.3
4.3
4.3
1.8
-.2
1.8
-.2 __.
1.6
2.1
.9
4.3
4.3
4.3
4.3
1.6
1.6
1.6
DSA (DDC) PROGRAM
Programwide management and support:
Defense documentation center
Information analysis centers
10.6
11.5
1.9
10.8
2.1
10.8
2.1
10.8
2.1
10.8
2.1
10.8
2.1
10.8
2.1
10.8
2.1
OID
02D
03D
Total, programwide management and support
General reduction
Total, DSA (DDC)
TECHNItAL SUPPORT TO OSD/OJCS
Military Sciences:
Studies and analyses
Net technical assessment
Manpower studies.
10.6
13.4
12,9
12.9
12.9
12.9
12.9
12.9
12.9
-.6
-.4
-.5
10.6
13.4
6.4
4.3
.9
7.^
5.5
1.5
12.9
12.9
12.2
12.5
12.3
8.2
7.6
1.5
8.2
7.6
1.5
8.2
7.6
1.5
8.2
7.6
1.5
8.2
7.6
1.5
65. C4D
13I14C
bOi OID
Total Military Sciences
Programwide management and support:
Support of test and evaluation
General reduction
Civil defense program: (Non-add)
Civil defense research and development
Emergency Fund:
Emergency fund
Total defense agencies jnd emergency fund
Total research, development, test and evaluation.
Director ot test and evaluation, defense
453.1
7,189.5
497.7 570.1 544.1 556.0 556.0 435.5 467.3 435.3
7,651.6 18,771.7 1 8, 371. 9 i 8, 423. 4 i 8, 516. 5 '7.796.9 18.108.6 i7.%2.5
127.0
1 27.0
Includes 53.0 million requested tor ^^avy under Special foreign Currency Appropriation. Note: Details of atMve tables do not add to totals because it'^ms v^ith security classifications
Director ol T. & E,. Defense, is a new, separate appropriation The amounts shown tor Director have been deleted.
r. & E, are included in the DOD R.D.T. & E. totals, but not fh Defense Agercys tntal on House
an| Final Appropriation action.
QUORUM CALL %
Mr. HARRY F. BYRD. JR. Mr. Presi-
dint, I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr.
GttiFFiN'. The clerk will call the roll.
The assistant legislative clerk pro-
c< eded to call the roll.
Mr. ROBERT C, BYRD. Mr, President.
ask unanimous consent that the order
fcr the qup'-um call be rescinded.
The P'' JDING OFFICER. Without
ohjectiOi .c is so ordered.
■be a period for the transaction of rou-
tine morning business, for not to exceed
30 minutes, with statements therein lim-
ited to 3 minutes.
The PRESIDING OFFICER. Without
objection, it is so ordered
ORDER
FOR TRANSACTION OF ROU-
TINE MORNING BUSINESS ON
SATURDAY, JANUARY 6, 1973
Mr. ROBERT C. BYRD. Mr. Presi-
d( nt, I ask unanimous consent that on
S iturday. immediately following the rec-
o< nition of the two leaders or their des-
ignees under the standing order, there
ORDER OF BUSINESS
Mr. ROBERT C. BYRD. Mr. President,
at the conclusion of morning business on
Saturday, the distinguished majority
leader will suggest the absence of a
quorum, after which Senators will
proceed in a body to the Hall of the House
of Representatives, where the electoral
votes will be counted for the ofQces of
President and Vice President of the
United States.
Following the meeting of the House
and the Senate for that purpose, the Sen-
ate will return to the Senate Chamber.
If there is further biisiness to be con-
sidered or if additional statements are
to be made by Senators who may wish
to do so, the Senate will be in session
for that purpose.
I ask unanimous consent that the Sen-
ate stand in recess on Saturday during
the counting of the electoral votes, await-
ing the call of the Chair thereafter.
The PRESIDING OFFICER. Without
objection, it is so ordered.
ORDER FOR ADJOURNMENT FROM
SATURDAY UNTIL TUESDAY. JAN-
UARY 9. 1973
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that when the
Senate completes its business on Satur-
day, it stand in adjournment until 12
o'clock meridian on Tuesday next.
The PRESIDING OFFICER, Without
objection, it is so ordered.
January ^, 1973
CONGRESSIONAL RECORD — SENATE
ORDER OF BUSINESS
Mr. ROBERT C. BYRD. Mr. President,
I suggest the absence of a quorum. I be-
lieve and hope that this will be the final
quorum call of the day.
The PRESIDING OFFICER. The
clerk will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
PROGRAM
Mr. ROBERT C. BYRD. Mr. Presi-
dent, the program for Saturday is as
follows :
The Senate will convene at 12 o'clock
meridian, after which the two leaders
will be recognized, under the standing
order, following which there will be a
period for the transaction of routine
morning business, for not to exceed 30
minutes, with statements therein limited
to 3 minutes, after which the majority
leader will suggest the absence of a
quorum, upon the conclusion of which
Senators will so in a body to the Hall of
the House of Representatives, where
the electoral votes, under the law, will be
counted for the offices of President and
Vice President of the United States.
Upon the completion of that duty, Sen-
ators will return to the Chamber and the
Senate will continue in session as long
as any Senator wishes to make any re-
marks. Bills and resolutions may be of-
fered during morning business on Sat-
urday, and Senators may make state-
ments. There will be no rollcall vote on
Saturday.
At the conclusion of business on Sat-
urday, under the order previously en-
tered, the Senate will go over until 12
o'clock meridian on Tuesday next.
ADJOURNMENT TO SATURDAY.
JANUARY 6, 1973
Mr. ROBERT C. BYRD. Mr. President,
If there be no further business to come
before the Senate, I move, in accordance
with the previous order, that the Senate
stand in adjournment until 12 o'clock
meridian on Saturday next.
The motion was agreed to: and at 4:15
p.m. the Senate adjourned until Satur-
day, January 6, 1973, at 12 meridian.
NOMINATIONS
Executive nominations received by the
Senate January 4, 1973:
Department of Defense
Elliot L. Richardson, of Massachusetts, to
be Secretary of Defense,
Department of Commerce
Frederick B. Dent, of South Carolina, to
be Secretary of Commerce.
Department of Labor
Peter J, Brennan, of New York, to be Sec-
retary of Labor,
Department of Health, Education, and
Welfare
Caspar W. Weinberger, of California, to be
Secretary of Health, Edticatlon, and Welfare,
Department of Housing and Urban
Development
James T. Lyr.n, of Ohio, to be Secretary of
Housing and tJrban Development.
Department of Transportation
Claude S. Brinegar, of California, to be Sec-
retary of Transportation.
United Nations
John A. Scan, of the District of Columbia,
to be the representative of the United States
of America to the United Nations with the
rank and status of Ambassador Extraordinary
and Plenipotentiary, and the representative
of the United States of America in the Secu-
rity Council of the United Nations,
Department of State
Kenneth Rush, of New York, to be Deputy
Secretary of State, vice John N. Irwm II.
William J, Porter, of Massachusetts, a For-
eign Service officer of the class of career
minister, to be Tjnder Secretary of State for
Political Affairs, vice U. Alexis Johnson.
William J. Casey, of New York, to be Under
Secretary of State for Economic Affairs. (New
position.)
Donald Rumsfeld, of Illinois, to be the U.S.
permanent representative on the Council of
the North Atlantic Treaty Organization, with
the rank and status of Ambassador Extraor-
dinary and Plenipotentiary, vice David M.
Kennedy
John N. Irwin II, of New York, to be Am-
bassador Extraordinary and Plenipotentiary
of the United States of America to France,
vice Arthur K, Watson, resigned.
Daniel P. Moynihan, of New York, to be
Ambassador Extraordinary and Plenipoten-
tiary of the United States of America to
India.
Richard Helms, of the District of Columbia,
to be Ambassador Extraordinary and Pleni-
potentiary of the United States of America
to Iran, vice Joseph S, Farland.
John A. Volpe, of Massachusetts, to be
Ambassador Extraordinary and Plenipoten-
tiary of the United States of America to Italy.
Department of the Treasury
William E. Simon, of New Jersey, to be
Deputy Secretary of the Treasury, vice Charls
Walker, resigned.
Edward L. Morgan, of Arizona, to be an
Assistant Secretary of the Treasury, vice
Eugene T, Rcssldes, resigned.
Department of Defense
William P, Clements, Jr., of Texas, to be a
Deputy Secretary of Defense, vice Kenneth
Rush.
Department of Justice
Joseph T. Sneed. of North Carolina, to be
Deputy Attorney General, vice Ralph E.
Erickson.
Robert H. Bork, of Connecticut, to be
Solicitor General of the United States, vice
Erwln N. Griswold,
Department of the Interior
John C. Whitaker. of Maryland, to be Under
Secretary of the Interior, vice William T.
Pecora, deceased.
Department of Commerce
Richard W, Roberts, of New York, to be
Director of the National Bureau of Stand-
ards, vice Lewis M. Branscomb, resigned.
Department of Health, Education,
and Welfare
Frank C. Carluccl, of Pennsylvania, to be
Under Secretary of Health, Education, and
Welfare, vice John G, Veneman. resigned.
Department of Transportation
Egil Krogh. Jr.. of Washington, to be Under
Secretary of Transportation, vice James M.
Beggs, resigned,
Alexander P. Butterfield, of California, to
be Administrator of the Federal Aviation Ad-
ministration, vice John H. Shaffer, resigned.
Prank C. Herrlnger, of Virginia, to be Urban
373
vice
Mass Transportation Administrator,
Carlos C. VUlarreal, resigned.
Central Intelligence Agency
James R. Schlesinger, of Virginia, to be Di-
rector of Central. Intelligence, vice Richard
Helms.
District of Columbia
Walter E. Washington, of the District of
Columbia, to be Commissioner of the District
of Columbia for a term expiring February 1,
1977. (Reappointment)
Federal Power Commission
Robert H. Morris, of California, to be a
Member of the Federal Power Commission for
the remainder of the term expiring June 22,
1973, vice John A. Carver, Jr., resigned.
U,S, Information Agency
James Keogh, of Connecticut, to be Direc-
tor of the United States Information Agency,
vice Frank J. Shakespeare, Jr.
In the Air Force
The following officer to be placed on the
retired list in the grade indicated under the
provisions of section 8962. title 10 of the
United States Code :
To be general
Gen. David A. Burchinal, XXX-XX-XXXXFR
(major general. Regular Air Force) U.S. Air
Force.
The following officer to be placed on the
retired list In the grade indicated under the
provisions of s3ction 8962, title 10 of the
United States Code:
To be lieutenant general
Lt. Gen. John B. McPherson. XXX-XX-XXXX
FR (major general. Regular Air Force) tT.S,
.Mr Force,
The following officer to be placed on the
retired list In the grade Indicated, effective
January 1, 1973, under the provisions of sec-
tion 8962, title 10 of the United States Code:
To be lieutenant general
Lt. Gen. Harry F. Goldsworthy, XXX-XX-XXXX
FR (major general, Regular Air Force! U.S.
Air Force.
The following officer to be placed on the
retired list in the grade indicated under the
provisions of section 8962, title 10 of the
United States Code :
To be lieutenant general
Lt. Gen. Francis C. Gideon. XXX-XX-XXXXFR
(major general. Regular Air Force) U.S. Air
Force.
The following officer under the provisions
of title 10, United States Code, section 8066,
to be assigned to a position of importance
and responsibility designated by the Presi-
dent under subsection (a) of section 8066,
in grade as follows;
MaJ. Gen. William W. Snavely, 562-54-
3062FR (major general. Regular Air Force)
U.S. Air Force.
TT>e following officer under the provisions
of title 10. United States Code, Section 8066,
to be assigned to a position of Importance and
responsibility designated by the President
under subsection (a) of Section 8066, in grade
as follows:
MaJ. Gen. Richard M. Hoban, 490-44-
9997FR (major Geiteral, Regular Air Force)
U.S. Air Force.
The following officers for temporary ap-
pointment in the US. Air Force under the
provisions of chapter 839. title 10 of the
United States Code .
To be brigadier general
Col. Charles A. Veatch, XXX-XX-XXXXFR.
Regular Air Force, medical.
Col. Donald N. Vivian, XXX-XX-XXXXFR. Reg-
ular Air Force, medical
Col. Evan W. Schcar, XXX-XX-XXXXFR, Regu-
lar Air Force, medical.
Col, Irby B. Jarvls. Jr., XXX-XX-XXXXFR.
RegiUar Air Force.
"Col. Benjamin R. Baker, XXX-XX-XXXX FR,
Regular Air Force, medical.
374
\ legula
legi
liar
] legii
iilar
liegi
Rig
(
Atr
(
A
CONGRESSIONAL RECORD — SENATE
January ^, 197s
434-20-2 162FR.
Col. Clifford Schoeffler,
Regular Air Force.
Col. David B. Easson. XXX-XX-XXXXFR (lleu-
enant colonel. Regular Air Force), U.S. Air
'orce.
Col. David O. Williams, Jr., 466-S6-5881FR,
egular Air Force.
Col. Richard C. Bowman. XXX-XX-XXXXFR,
_ular Air Force.
Col. Clyde F. McClaln, XXX-XX-XXXXFR, Reg-
ar Air Force.
Col. Georges R. Guay, XXX-XX-XXXXFR, Reg-
lar Air Force.
Col John E. Pitts, Jr., XXX-XX-XXXXFR, Reg-
lar Air Force.
Col. Murphy A. Chesnev, XXX-XX-XXXXFR.
jgiilar Air Force, medical.
Col. Gerald J. Post, XXX-XX-XXXXFR, Reg-
Air Force.
Col. DatUel Burkett, XXX-XX-XXXXFR.
egular Air Force.
Col. Carl D. Peterson, XXX-XX-XXXXFR,
ular Air Force.
Col. Ersklne WIglev, XXX-XX-XXXXFR, Reg,
lar Air Force.
Col. Henry B, Stelling. Jr., XXX-XX-XXXXFR,
Regular Air Force.
Col. FelLx J. Zaniewskl. 045-07-744 7FR,
l^egular Air Force.
Col. Cecil E. Fox, XXX-XX-XXXXFR, Regu-
lar Air Force.
Col. Kermlt C. Kaerlcher. 35-16-8013FR,
Regular Air Force.
Col. Frank O. Barnes, XXX-XX-XXXXFR. Reg-
ular Air Force.
Col. Don D Pittman. XXX-XX-XXXXFR, Reg-
ular Air Force.
Col. Walter D. Reed, 4485X14-6258FR. Reg-
qlar Air Force.
Col. Bohdan Danvllw, XXX-XX-XXXXFR, Reg-
qlar Air Force.
Col. William J. KeUy. XXX-XX-XXXXFR, Regu-
ir Air Force.
Col. Robert A. Rushworth. XXX-XX-XXXXFR
lieutenant colonel, Regular Air Force)
' .S. Air Force.
Col. Jack I. Posner. XXX-XX-XXXXFR. Regu-
r Air Force.
Col. William C. Norrls, 123-1S-8359FR Reg-
ar Air Force.
Col. Theodore J. Crlchton, 222-12-528! FR
leuter.ant colonel. Regular Air Force) US
'r Force.
Col. John E. Kulpa, Jr., XXX-XX-XXXXFR
utenant colonel, Regular Air Force), us
Force.
Col. Stanley M. Umstead, Jr., XXX-XX-XXXX
? (lieutenant colonel. Regular Air Force i
.S. Air Force.
Col. Thomas H. McMullen. XXX-XX-XXXXFR
leutenant colonel, regular Air Force) US
Ir Force.
Col. Gerald K. Hendricks. XXX-XX-XXXXFR
leutenant colonel. Regular Air Force) U S
r Force.
Col. Lyle W. Cameron. XXX-XX-XXXXFR
tiajor. Regular Air Force) U.S. Air Force
Col. Jasper A. Welch, Jr., XXX-XX-XXXXFR
major. Regular Air Force), U.S. Air Force.
Col Charles C. Blanton, 218-2&-1940FR
inajor, Regular Air Force) U.S. Air Force
Col. Thomas P. Conlln, XXX-XX-XXXXFR
untenant colonel. Regular Air Force) US
Force.
[Col Thomas M. Knoles HI. XXX-XX-XXXXFR
R ?gular Air Force.
Col. WUliam H. Spillers, Jr., XXX-XX-XXXXFR
?sular Air Force.
Col. John J. Murphy, XXX-XX-XXXXFR Reg-
ar Air Force.
Col Thomas F. Rew, XXX-XX-XXXXFR. Reg-
ar Air Force.
Col. James P, MuUlns, XXX-XX-XXXXFR,
ular Air Force.
Col. Richard T. Drury, XXX-XX-XXXXFR
1 eutenant colonel Regular Air Force) , U.S.
Force.
[Col. Phillip N. Larsen, 524-26-546JFR
leutenant colonel. Regular Air Force). IT.S.
Force. .'•;
Col. William D. Gilbert, 433-36-160oi'R
(
Liar
Air
( iei.
Air
C
FR
C
Air
Al
(in,
niei
At
R?
(lieutenant colonel. Regular Air Force), U.S.
Air Force,
Col. Lynwood E. Clark, XXX-XX-XXXXFR
(lieutenant colonel, Regular Air Force), U.S.
Air Force.
-Col. Michael J. Taahjian, XXX-XX-XXXXFR
Regular Air Force.
Col. Tedd L. Bishop, XXX-XX-XXXXFR, Regu-
lar Air Force.
Col. Earl G. Peck, XXX-XX-XXXXFR (lieu-
tenant colonel. Regular Air Force), U.S. Air
Force.
Col. Lawrence A. Skantze, XXX-XX-XXXXFR
(major. Regular Air Force), U.S. Air Force.
Col. Wayne E. Whitlatch, XXX-XX-XXXXFR
(major. Regular Air Forp«f) , U.S. Air Force.
Col. Richard N. Cody,«12-22-2465FR (lieu-
tenant colonel. Regular Air Force), U.S. Air
Force.
Col. Richard G. Collins, XXX-XX-XXXXFR
(lieutenant colonel. Regular Air Force). U.S.
Air Force.
Col. Charles D. Youree, Jr., XXX-XX-XXXXFR
(major. Regular Air Force), U.S. Air Force.
Col. Thomas M. Ryan, Jr., XXX-XX-XXXXFR
(lieutenant colonel. Regular Air Force), U.S.
Air Force.
Col. Thomas E. Clifford, XXX-XX-XXXXFR
(lieutenant colonel, Regular Air Force), U.S.
Air Force.
Col. Malcolm E. Ryan, Jr., XXX-XX-XXXXFR
(lieutenant colonel, Regular Air Force), U.S.
Air Force.
Col. Richard E. Merkllng, 557-20-9 153FR
(lieutenant colonel, Regular Air Force), U.S.
Air Force.
Col. WUllam R. Yost, XXX-XX-XXXXFR
(major. Regular Air Force), U.S. Air Force.
Col. James E. Mclnerney, Jr., 579-36-
0794FR (major, Regular Air Force), U.S. Air
Force.
Col. Carl S. Miller. 4ia-24-0244FR (major,
Regular Air Force), U.S. Air Force.
Col. James L. Brown, XXX-XX-XXXXFR (lieu-
tenant colonel. Regular Air Force), U.S. Air
Force.
Col. Garry A. WlUard, Jr., XXX-XX-XXXXFR
(lieutenant colonel. Regular Air Force), U.S.
Air Force.
Col. Andrew P. losue, 023-2a-5608FR (lieu-
tenant colonel. Regular Air Force), U.S. Air
Force.
Col. Robert C. Taylor, XXX-XX-XXXXFR (ma-
jor. Regular Air Force), U.S. Air Force.
Col. John S. Pustay, XXX-XX-XXXXFR (ma-
jor. RegiUar Air Force), U.S. Air Force.
Col. Benjamin F. Starr, Jr., XXX-XX-XXXXFR,
Regular Air Force.
Col. Donald M. Davis, XXX-XX-XXXXFR, Reg-
ular Air Force.
Col. Charles E. Word, XXX-XX-XXXXFR, Reg-
ular Air Force.
Col. William R. Nelson, 31 1-20-528 IFR,
Regular Air Force.
Col. Billy M. Minter, 443-2(>-2212FR, Reg-
ular Air Force.
Col. Charles E. Shannon, XXX-XX-XXXXFR
(lieutenant colonel. Regular Air Force), U.S.
Air Force.
In the Armt
The following-named officer to be placed
on the retired list in grade indicated under
the provisions of title 10. United States Code,
section 3962:
To be general
Gen. George Vernon Underwood, Jr., 305-
42-3706, Army of the United States (major
"general. U.S. Army).
The following-named officers under the
provisions of Title 10. United States Code,
section 3066, to be assigned to a position of
importance and responsibility designated by
the President under subsection (a) of sec-
tion 3066, In grade as follows:
To be lieutenant general
MaJ. Gen. Fred Kornet. Jr., XXX-XX-XXXX,
Army of the United States, (lieutenant col-
onel, U.S. Army).
MaJ. Gen. Edward Michael Flanagan, Jr.,
XXX-XX-XXXX, Army of the United States,
(brigadier general, U.S. Army),
The following-named officer under the pro-
visions of title 10, United States Code, sec-
tion 711, to be assigned to a position of im-
portance and responsibility designated by the
President under title 10, United States Code
section 711, as follows:
To be senior U.S. Army member of the
Military Staff Committee of the United
Nations
Lt. Gen. Donald Harry Cowles, XXX-XX-XXXX,
Army of the United States, (major general
U.S. Army).
The following-named Army National Guard
of the United States officer for promotion as
a Reserve commissioned officer of the Army,
under the provisions of title 10, United States
Code, sections 593(a) and 3385:
To be brigadier general
Col, Joseph Richard Jelinek, XXX-XX-XXXX,
Army National Guard of the United States!
In the Navy
Vice Adm. James L. Holloway III, U.S.
Navy, for appointment as Vice Chief of Naval
Operations In the Department of the Navy
pursuant to title 10, United States Code,
section 5085.
Vice Adm. James L. Holloway in, U.S.
Navy, having been designated for commands
and other duties of great importance and
responsibility determined by the President to
be within the contemplation of title 10,
United States Code, section 5231, for ap-
pointment to the grade of admiral while so
serving.
Vice Adm. Worth H. Bagley, U.S. Navy, hav-
ing been designated for commands and other
duties of great Importance and responsibility
determined by the President to be com-
mensurate with the grade of admiral within
the contemplation of title 10, United States
Code, section 5231, for appointment to the
grade of admiral while so serving.
Rear Adm. Kenneth R. Wheeler, Supply
Corps, U.S. Navy, having been designated for
commands and other duties determined by
the President to be within the contemplation
of title 10, United States Code, section 5231,
for appointment to the grade of vice admiral
while so serving.
Rear Adm. Thomas B. Hayward, U.S. Navy,
having been designated for commands and
other duties of great importance and respon-
sibility determined by the President to be
within the contemplation of title 10, United
States Code, section 5231, for appointment to
the grade of vice admiral while so serving.
Rear Adm. John G. Finneran, U.S. Navy,
having been designated for commands and
other duties of great importance and re-
sponsibility determined by the President to
be within the contemplation «f title 10,
United States Code, section 5231, fbr appoint-
ment to the grade of vice admiral while so
serving.
Rear Adm. Daniel J. Murphy. U.S. Navy,
having been designated for commands and
oTher duties determined by the President to
be within the contemplation of title 10,
United States Code, section 5231. for appoint-
ment to the grade of vice admiral while so
serving.
Rear Adm. George P. Steele II, U.S. Navy,
having been designated for commands and
other duties of great importance and respon-
sibility determined by the President to be
within the contemplation of title 10. United
States Code, section 5231, for appointment
to the grade of vice admiral while so serv-
ing.
Vice Adm. George M. Davis. Jr.. Medical
Corps. U.S. Navy, for appointment to the
grade of vice admiral, when retired, pursuant
to the provisions of title 10, United States
Code, section 5133.
Comdr. Ronald E. Evans, U.S. Navy, for
permanent promotion to the grade of cap-
tain in the Navy in accordance with article
II. section 2, clause 2 of the Constitution.
Jamiarij Jf, 1973
EXTENSIONS OF REMARKS
EXTENSIONS OF REMARKS
375
CONSUMER PROtECTION AGENCY
HON. CHET HOLIFIELD
OF CALIFORNLA
IN THE HOUSE OF REPRESENTATIVES
Wednesday, January 3, 1973
Mr HOLIFIELD. Mr. Speaker, the bill
to establish a Consumer Protection
Agency has been reintroduced in the 93d
Congress as H.R. 21. It is titled "The Con-
sumer Protection Act of 1973." This bill
Is identical to H.R. 10835, which passed
the House on October 14, 1971, by a vote
of 344 to 44, after having been reported
by the Committee on Government Op-
erations by a vote of 27 to 4.
H.R. 21 has bipartisan support. Repre-
sentative Frank Horton of New York, the
ranking minority member on the com-
mittee, has joined be in sponsoring the
bill, as have other members of the com-
mittee from both parties.
Although the bill to establish the Con-
sumer Protection Agency received over-
whelming support in the House during
the 92d Congress, unfortunately the Sen-
ate failed to act. The bill was filibustered
to death in the other body during the
closing days of the 92d Congress and,
hence, we were unable to go to confer-
ence.
Our bill will create a Consumer Protec-
tion Agency which will provide repre-
sentation for consumers and consumer
interests before departments and agen-
cies of the Federal Government and the
courts. Such representation is sorely
needed as the extensive hearings which
we held amply demonstrated. The bill
will also provide a statutory base for the
Office of Consumer Affairs, now headed
by Mrs. Virginia Knauer and located in
the Executive Office of the President. It
will also create a Consumer Advisory
Council so that consumers themselves
and persons familiar with their needs
can provide advice and guidance to the
two bodies referred to above.
We feel the House-passed bill will pro-
vide the best basis for our consideration
of consumer protection legislation in tl)e
93d Congress, inasmuch as it was ham-
mered out after considerable study and
deliberation on the part of our commit-
tee. Of course, the bill as introduced is
not frozen and new information and
ideas may result in some modifications. I
am certain, however, that this Congress
recognizes the importance of providing
the type of representation that we seek
here and of giving further assurance to
the consumers of our Nation that the
Congress is aware of and responsive to
their problems.
We will welcome additional cosponsors
and those who desire to join with us may
call my oflQce or that of Representative
HORTON.
There follows a section-by-section
analysis Of the bill:
Section -BT- Section Analysis of H.R. 21. the
Consumer Protection Act of 1973
(Identical to H.R. 10835 as Passed by the
House October 14, 1971)
Section 1
The short title will be the "Consumer Pro-
tection Act of 1973."
Section 2 — Statement of findings
The Congress finds that the interests of
consumers are Inadequately represented and
protected within the Federal Government;
and that vigorous representation and pro-
tection of consumer Interests are essential to
the fair and efficient functioning of a free
market economy.
TITLE I. OFFICE OF CONSUMER AFFATRS
Section 101 — Establishment
An Office of Consumer Affairs is established
within the Executive Office of the President
to be headed by a Director and seconded by
a Deputy Director, both to be appointed by
the President and confirmed by the Senate.
This section would give a statutory founda-
tion to the existing Office of Consumer Af-
fairs, established under Executive Order
11583, dated February 24, 1971.
Section 102 — Powers and duties of the
Director
The Director Is given the administrative
powers and responsibilities ordinarily con-
ferred upon agency heads, such as appoint-
ment and supervision of personnel, including
experts and consultants, in accordance with
the civil service and administrative expense
laws; appointment of advisory committees;
promulgation of rules necessary to carry out
his functions; delegation of authority; mak-
ing agreements with and obtaining the sup-
port of other Federal, State and private
agencies.
The Director is required to submit an-
nually to the President and to the Congress
a comprehensive report of activities of the
Office, including recommendations for addi-
tional legislation and an evaluation of se-
lected major consumer programs of each Fed-
eral agency.
Federal agencies, upon request of the Di-
rector, are to provide to the Office services
and other support, and are to supply infor-
mation to the Office as may be necessary and
appropriate. Reimbursement for such assist-
ance will be governed by existing provisions
of law.
Section 103 — FuTictions of the office
The functions of the Office of Consumer
Affairs will be to —
( 1 ) assist the President in coordinating
the programs of all Federal agencies relating
to consumer interests;
1 2 ) encourage and assist in the develop-
ment and implementation of Federal con-
sumer programs;
(3) assure that the interests of consumers
are considered by Federal agencies both in
the formulation of policies and the operation
of programs;
(4) cooperate with and assist the Admin-
istrator of the Consumer Protection Agency;
(5) advise Federal agencies on programs
and activities relating to the Interests of
consumers;
(6) recommend to the Congress and the
President means by which consumer pro-
grams can be improved;
(7) conduct conferences and investigations
on consumer problems not duplicative of
other Federal agencies;
(8) encourage and participate in con-
sumer education and counseling programs;
(3) suppwrt and coordinate research lead-
ing to improved products, services and con-
sumer information;
( 10 ) provide technical assistance to State
and local governments in protection of con-
sumer Interests;
(11) cooperate with and assist private en-
terprise In the promotion and protection of
consumer interests;
(12) publish in a Constuner Register or in
other suitable form the actions of Federal
agencies and other useful Information in
non-technical language; and
(13) keep the appropriate committees of
the Congress fully and currently Informed of
all its activities.
Section 104 — Transfer of assets and personnel
The personnel and other assets of the Office
of Consumer Affairs and of the Consumer Ad-
visory Committee, both estabhshed by Execu-
tive Order 11583 dated February 24, 1971, as
are determined by the Director of the Office
of Management and Budget to be employed,
held, or used primarily in connection with
any function granted to the Office or to the
Council established by this legislation are
transferred respectively to said Office or
Council.
TITLE II. CONSUMER PROTECTION AGENCY
Section 201 — Establishment
The Consumer Protection Agency is estab-
lished as an independent agency In the Exec-
utive Branch to be headed by an Administra-
tor and seconded by a Deputy Administrator
both to be appointed by the President and
confirmed by the Senate. Employees of the
Agency may not engage in business or em-
ployment or have interests inconsistent with
their offibial respoBsibilities.
Section 202 — Poicers and duties of the ad-
ministrator
The Administrator is given the usual ad-
ministrative powers and responsibilities con-
ferred upon other Federal agency heads, such
as appointment and supervision of personnel
Including experts and consultants, in accord-
ance with the civil service and administrative
expense laws; appwintment of members of
advisory committees, promulgation of rules
necessary to carry out his functions: delega-
tion of responsibilities; entering Into con-
tracts; and obtaining the support of other
Federal, State and private ageicles.
The Administrator shall traksmit annually
to the President and the CongV«6 a compre-
hensive report of activities of the Agency,
including recommendations for legislation
and an evaluation of selected major con-
sumer programs of each Federal agency.
Federal agencies, upon request of the Ad-
ministrator, are to provide to the Agency
services and other support, and are to fur-
nish Information to the Agency as may be
necessary and appropriate. Reimbursement
for such assistance is subject to existing pro-
visions of law.
Section 203 — Functions of the Agency
The functions of the Consumer Protection
Agency will be to advise the Congress and
the President, to promote and protect the
interests of consumers, and to —
(1) represent the Interests of consumers
before Federal agencies and the courts as
authorized;
(2 1 in the exercise of Its responslbUitles
under section 207 (relating to product test-
ing), support and encourage research studies
and testing leading to better understanding
and Improved products, services, and infor-
mation;
(3) make recommendations to the Con-
gress and the President;
(4) publish and distribute material devel-
oped pursuant to the exercise of its respon-
sTBllitles which is of Interest to consumers;
(5) conduct conferences, surveys and in-
vestigations concerning the needs, interests
■^76
and problems of consumers which do not
significantly duplicate similar activities con-
ducted by other Federal agencies;
(6) keep appropriate committees of Con-
gress fully and currently Irtformed of all Its
ictlvltles; and
( 7 > cooperate with and assist the Director
Df the Office of Consumer Affairs.
Section 204 — Representation of consumers
This section authorizes the Consumer Pro-
tection Agency to represent the interests of
consumers In proceedings conducted by other
Federal agencies under the provisions of the
Administrative Procedures Act (5 U.S.C. 551,
it seq.) and In actions pending before courts
'>t the United States under the following
rlrcumstances:
Rulemalung and Adjudications
If the Agency finds that the result of such
^ b proceeding before a Federal agency may
pubstantlally affect the interests of consum-
rs and that the Interests of consumers may
;iot be adequately protected unless the
\gency does participate or lnter%-ene. and If
;he Agency files In the proceeding and Issues
Dublicly a written statement setting forth
such findings and also stating concisely the
pecific Interests of consumers to be pro-
jected, then the Agency as a matter of right
■nay —
1 1 ) participate in any rulemaking proceed-
,ng (Other than one for Internal operations) ;
I 2) intervene as a party and enter an ap-
pearance (In accordance with the Federal
igency's rules of practice and procedure) In
iny adjudicatory proceeding if It is not one
«eking primarily to Impose a fine, penalty,
)r forfeiture.
Adjudications Primarily Leading to Fines.
Penalties or Forfeitures and Court Actions
When Federal Government a Party
With respect to an adjudicatory proceed-
ng before a Federal agency which does seek
Drlmarlly to Impose a fine, penalty or for-
elture, or to an action before a court of
he United States In which the U.S. or a
Inderal agency is a party and which in either
■ase it is the opinion of the Agency that the
nterests of consumers may be substantlHlly
iffected. the Agency may, upon its own me-
lon or at the request of the officer charged
vlth presenting the case for the Federal
igency or the United States, transmit rele-
ant information or evidence. F^irthermore,
n the discretion of the agency or court, the
Agency may appear as amicus curiae.
Court Review of Agency Decisions
The Afency is also authorized (1) to in-
ervene as a party in a court review of a
ulemaklng or an adjudicatory proceeding
ihere it had already partlcioated or inter-
ened in the Federal agency proceeding: and
2) to institiite a review in a competent court
I if such a Federal agency proceeding if a ju-
icial review is otherwise accorded by law.
f the .Agency had not Intervened or par-
' iclpated in the Federal agency proceeding It
nay al-so inter\-ene in or to the extent that a
ight of judicial review or Intervention Is
thenvl.se accorded institute an action for
ourt review cf the Federal agency's action
f the court finds that (1) the agencv actions
ay adversely affect consumers and l'2\ the
nterests of consumers are not otherwise ade-
uatelv reoresented in the actions. If law or
I'ederal agency rules so require, the Agency
ust petition for a rehearing or reconsldera-
' ion before seeking to institute a review pro-
reeding.
Request To Initiate a Proceeding
The Administrator of the Agency is further
uthorized to request another Federal agency
1o initiate a proceeding or take such other
actions as It may be authorized to take when
le determines it to be in the Interests of con-
umers. If the Federal agency falls to take
he action requested, it is required to notify
EXTENSIONS OF REMARKS
the Agency promptly of the reasons fcr its
failure to do so and such notification 3i;all
be a matter of public record. The CPA may
seek court review of this decision if such
review is otherwise accorded by law.
Orders for Witnesses and Information
In order to assist the Agency in its fxinc-
tions involving representation and to provide
it with necessary Information when the
Agency has become a party to a proceeding
before another Federal agency. It may request
that Federal agency to Issue and the Federal
agency shall issue orders within Its powers
and subject to the usual rules of relevance
and scope for the copying of documents, pa-
pers and records, summoning of witnesses,
production of books and papers, and submis-
sion of information in writing.
Appearances by Agency
Appearances by the Consumer Protection
Agency in Federal agency or court proce>?d-
ings shall be in the Agency's name and shall
be made by qualified representatives desig-
nated by the Administrator of the Agency. It
is the intent of this legislation that the
.Agency direct and control its own representa-
tion of the Interests of consumers.
No Interventions in State or Local
Proceedings
This legislation gives the Agency no au-
thority to "lnter\'ene" in proceedings before
State or local agencies and courts. But the
Agency is not prohibited from communicat-
ing with Federal, State or local agencies i -
other manners not inconsistent with law or
agency rules.
Section 205 — Processing consumer
complaints
The Agency shall receive, evaluate, develop,
act on and transmit to the appropriate Fed-
eral or non-Federal entitles complaints con-
cerning actions or practices which may be
detrimental to the Interests of consumers.
Whenever the Agency may (a) receive or (b)
develop on Its own initiative such complaints
or other Information that may involve the
violation of Federal laws, agency rules or
court decrees, it shall (a) take such action
as may be within its authority (for example,
investigation) or fb) promptly transmit such
complaints or other information to the ap-
propriate Federal agency. If the latter, it shall
ascertain the action taken by that agency.
It shall also promptly notify the party against
whom the -complaint has been made.
The Agency shall maintain a public docu-
ment room in which the complaints will be
available for inspection. However, a com-
plaint would only be listed and available for
Inspection (a) if the complainant had not
requested confidentiality, and (b) after the
^ party complained against has had 60 days to
'comment on the complaint and such com-
ment, when received, is displayed togetbe-
with the complaint, and <c) the entity to
which it has been referred has had 60 davs to
notify the Agency what action it Intends to
take on the complaint.
, Section 206 — Consumer information and
services
The Agency is authorized to develop on Its
own Initiative, gather from other sources —
both Federal and non-Federal — and dissemi-
nate in effective form to the public. Informa-
tion concerning its own functions: informa-
tion about consumer products and services
and Information about problems encountered
by consumers generally, including annual
reports on interest rates and commercial and
trade practices which adversely affect con-
sumers.
All Federal agencies which possess Infor-
mation which would be useful to consumers
are authorized and directed to cooperate with
both the Agency and the OfBce In making
such Information available to the public.
January ^,
1973
Section 207 — Product testing and results
The Agency is directed to encourage uTid
support through both public and private en-
titles the development and application of
methods and techniques for testing materials,
mechanisms, components, structures and
processes used in consumer products and for
Improving consumer services. It shall make
recommendations to other Federal agencies
on research which would be useful and bene-
flclal to consumers.
The Agency Is also directed to Investigate
and report to Congress on the desirability and
feasibility of establishing a National Con-
sumer Information Foundation which would
administer a voluntary, self-supporting tag
program (similar to the "Tel-Tag" program
of Great Britain) under which any manufac-
turer of a non-perishable consumer product
to be sold at retail could be authorized to
attach to each product such a tag, standard
in form, on which would be found informa-
tion based on uniform standards, relating to
the performance, safety, durability and care
of the product.
This section directs all Federal agencies
po.ssessing testing facilities to perform
promptly to the greatest practicable extent
within their capabilities such tests as the Ad-
ministrator may require in connection with
his representation function or the protection
of consumer safety. Under these circum-
stances expeditious handling of testing re-
quests would clearly be required. The pro-
visions of law usually governing reimburse-
ment for services would apply.
This bill forbids a Federal agency engaged
In testing products tmder this section or the
Administrator from declaring one product to
be better, or a better buy. than any other
product.
The Administrator is directed to review
periodically products which have been tested
to assure that such products and resulting
information conform to the test results.
Note, however, that section 209 below pro-
hibits certain disclosures and protects trade
secrets and other confidential business and
financial data.
Section 208 — Consumer safety
The Agency shall conduct studies and in-
vestigations of the scope and adequacy of
measures employed to protect consumers
against unreasonable risks or Injuries which
may be caused by hazardous household prod-
udts. It should consider identifying categories
of hazardous household products and the
extent to which Industry self-regulation af-
fords protection. Such studies and investiga-
tions should not duplicate activities of other
Federal agencies.
Section 209 — Prohibition against certain
disclosures
Any agency or instrumentality created by
this legislation is forbidden to disclose to the
public:
(1) Information (other than complaints
listed and available for inspection under sec-
tion 205 of this Act) in a form which would
reveal trade secrets and commercial or finan-
cial information obtained from a person and
privileged and confidential; or
(2) Information received from a Federal
agency when such agency has notified either
of the instrumentalities created by this Act
that the information is within the excep-
tions to the availability of Information in 5
U.S.C. 552 and the Federal agency has deter-
mined that the information should not be
made available to the public. This latter pro-
hibition would make it clear that no agency
or Instrumentality created by this Act could
serve either purposely or Inadvertently as a
conduit for Information which would not
otherwise be made available to the public.
This legislation does not require Federal
agencies to release any information to in-
strumentalities created by the Act the dis-
closure of which Is prohibited by law.
January 6, 1973
CONGRESSIONAL RECORD — HOUSE
377
In releasing information, except in court
or agency proceedings, three provisions are
applicable:
( 1 ) Data concerning consumer products
and services is to be made public only after
it has been determined to be accurate and
not within the categories enumerated in 5
U.S.C. 552.
(2) In disseminating test results or other
Information where product names may be
disclosed, It shall be made clear that not all
products of a competitive nature have been
tested, if such is the case, and that there
Is no intent to rate the products tested over
those which were not tested or to Imply that
products tested are superior to those not
tested.
(31 Additional Information which would
affect the fairness of information previously
disseminated will be promptly disseminated
in a similar manner.
Section 210 — Procedural fairness
requirements
In the exercise of various powers conferred
the Agency shall act pursuant to rules Issued,
after notice and opportunity for comment by
interested persons in accordance with ad-
ministrative procedures required by 5 U.S.C.
553 relating to administrative procedures —
rulemaking. This is to assure fairness to all
affected parties and provide opportunity for
comment on the proposed release of product
test data, containing product names, prior
to such release.
TITLE ni
Section 301 — Consumer Advisory Council
A Consumer Advisory Council will be estab-
lished, composed of 15 members appointed
for staggered terms of 5 years by the Presi-
dent. It will not be a constituent part of
either the Agency or the Office but will work
closely with them both.
The Council, whose members are to be
experienced in consumer affairs and will be
compensated when actually performing their
duties, will advise the Administrator and the
Director on matters relating to the consumer
Interest, including means for improving the
effectiveness of the Agency and Office and
the effectiveness of Federal consumer pro-
grams and operations.
The President shall designate the Chair-
man of the Council and the Administrator of
the Agency or his designee will serve as Ex-
ecutive Director of the Council and provide
needed staff assistance and facilities.
Section 302 — Protection of coTisumer inter-
est in administrative proceedings
Every Federal agency which takes any ac-
tion substantially affecting the interests of
consumers must give notice of such action
to the Office and the Agency at such time as
notice is given to the public or upon the
request of the Agency: and consistent with
Its statutory responsibilities take such ac-
tion with due consideration to the interests
of consumers.
In taking such action the agency con-
cerned shall, upon the request of the Agency
or in those cases where a public announce-
ment would normally be made. Indicate con-
cisely In a public announcement of such ac-
tion the consideration given to the Interests
of consumers. To make certain that the fail-
ure of Federal agencies to make the required
announcement would not result in a pro-
liferation of collateral attacks by private
parties on the decisions of the agencies, only
the Agency itself may act to enforce this pro-
vision In a <X)urt.
Section 303 — Saving provisions
Nothing In this legislation shall alter or
Impair the authority of the Administrator
of General Services to represent executive
agencies in negotiations with carriers and
other public utilities and in proceedings in-
volving carriers or other public utilities be-
fore Federal and State regulatory bodies. Nor
does this legislation alter or impair any pro-
vision of the anti-trust laws or any act pro-
viding for the legulation of the trade or com-
merce of the United States or the adminis-
tration or enforcement of any such provision
of law.
However, nothing In the legislation shall be
construed as relieving any Federal agency of
any authority or responsibility to protect
and promote the interests of consumers.
Section 304 — Definitions
1. "Agency" means the Consumer Protec-
tion Agency.
2. "Office" means the Office of Consumer
Affairs.
3. "agency." "agency action." "party,"
"rule-making." "adjudication." and "agency
proceeding" shall have the same meaning as
in the Administrative Procedures Act, now
codified as 5 U.S.C. 551.
4. A "consumer" Is any person who uses
for personal, family or household purposes
goods and services offered or furnished for a
consideration.
5. The term "interests of consumers" means
the cost, quality, purity, safety, durability,
performance, effectiveness, dependability and
availability, and adequacy of choice of goods
and services offered or furnished to con-
sumers: and the adequacy and accuracy of
Information relating to consumer goods and
services (Including labelling, packaging and
advertising of contents, qualities and terms
of sale ) .
Section 305 — Conforming amendments
The Director of the Office and the Ad-
ministrator of the Agency are both placed
on the Executive Schedule at Level III
( $40 ,000 per annum i .
The Deputy Director of the Office and the
Deputy Administrator of the Agency are
placed on the Executive Schedule at Level IV
($38,000 per annum).
Section 306 — Appropriations
Authorizes the appropriation of such sums
as may be required to earn- out the provi-
sions of this Act. No limitation is placed and
fixing the amount will be in accordance with
the annual appropriations process.
Section 307 — Effective date
The legislation takes effect 90 days after
it has been approved, or earlier If the Pres-
ident so prescribes.
HOUSE OF REPRESENTATIVES— Sfffwrrfai/, January 6, 1973
The House met at 12 o'clock noon.
The Chaplain, Rev. Edward G. Latch,
D,D., offered the following prayer:
// any man will come after Me, let
him deny himself and take up his cross
daily and follow Me.— Luke 9: 23.
New every morning is the love
Our wakening and uprising prove;
Through sleep and darkness safely
brought,
Restored to life and power and thought.
The trivial round, the common task,
Will furnish all we ought to ask;
Room to deny ourselves, a road
To bring us daily nearer God.
Only, O Lord, in Thy dear love
Fit us for perfect life above;
And help us this and every day,
To live more nearly as we pray.
Guided by Thy spirit may we accept
the challenge of this hour to build a
world where righteousness, justice, and
good will may prevail for the good of
man and to the glory of Thy holy name.
Amen.
THE JOURNAL
The SPEAKER. The Chair has exam-
ined the Journal of the last day's pro-
ceedings and announces to the House
his approval thereof.
Without objection, the Journal stands
approved.
There was no objection.
MESSAGE FROM THE SENATE
A message from the Senate by Mr.
Arrington. one of its clerks, announced
that the Senate had passed a concur-
rent resolution of the House of the fol-
lowing title:
H. Con. Res. 1. Concurrent resolution mak-
ing the necessary arrangements for the In-
auguration of the President-elect and Vice
President-elect of the United States.
The message also announced that the
Vice President, pursuant to Public Law
92-352, appointed Mr. Mansfield as a
member of the Commission on the Or-
ganization of the Government for the
Conduct of Foreign Policy in lieu of Mr.
Spong.
The message also announced that the
Vice President, pursuant to title 20,
United States Code, sections 42 and 43,
appointed Mr. Jackson as a member of
the Board of Regents of the Smithsonian
Institution in lieu of Mr. Anderson.
The message also announced that the
President pro tempore, pursuant to Pub-
lic Law 92-599, appointed Mr. Long, Mr.
FuLBRicHT, Mr. Talmadge, Mr. Hartke.
Mr. Bennett, Mr. Curtis, Mr. Fannin,
Mr. McClellan, Mr. Stennis. Mr. Pas-
TORE, Mr. Bible, Mr. Young. Mr. Hruska,
Mr. Cotton, Mr. Proxmire, and Mr.
Roth as members, on the part of the
Senate, of the Joint Committee To Re-
view Operation of Budget Ceiling and To
Recommend Procedures for Improving
Congressional Control Over Budgetary
Outlay and Receipt Totals.
The message also annouinced that the
President pro tempore, pursuant to Pub-
lic Law 92-489. appointed Mr. McClel-
lan, Mr. BuRDicK. Mr. Hruska. and Mr.
GuRNEY as members, on the part of the
Senate, of the Commission on Revision of
the Federal Court Appellate System.
The message also announced that
the President pro tempore, pursuant to
Public Law 92-484. appointed Mr. Case
as a member of the Technology Assess-
ment Board in lieu of Mr. Allott.
;i78
3WEARING IN OF MEMBER-ELECT
The SPEAKER. WiU any Member-
^ect who has not been sworn come to
tiie well of the House and take the oath
qf ofSce.
Mr. SMITH of New York appeared at
the b9.r of the House and took the oath
cf office.
fMr. O'NEILL asked and was given
dermission to address the House for 1
riinute, and to revise and extend his re-
rparks.)
Mr. O'NEILL. Mr. Speaker. I would
like to announce that with the Speak-
er's approval I have today appointed
John J. McFall of the 15th District of
California as majority whip.
RECESS
The SPEAKER. The Chair desires to
r^ake a statement.
The Chair desires deferment of unani-
riious-consent requests and also 1-min-
i te speeches until after the formal cere-
mony of the day. which is the counting
of the electoral votes for President and
\ ice President. Therefore, pursuant to
1 16 order adopted on Wednesday. Janu-
a|r>- 3. 1973, the Chair declares the House
recess until approximately » 12:45
ofclock p.m.
Accordingly 'at 12 o'clock and 3 min-
iJtes p.m. I . the House stood in recess sub-
ject to the call of the Chair.
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CONGRESSIONAL RECORD— HOUSE
January 6, 1973
MAJORITY WHIP
AFTER RECESS .
The recess having expired, the House
V a^ called to order by the Speaker at
1 2 o'clock and 54 minutes p.m.
COUNTING ELECTORAL VOTES-
JOINT SESSION OF THE HOUSE
AND SENATE HELD PURSUANT
TO THE PRO"VTSIONS OF SENATE
CONCURRENT RESOLUTION 1
At 12 o'clock and 54 minutes p.m. the
Doorkeeper 'Hon. William M. Miller)
announced the Vice President and the
Senate of the United States.
The Senate entered the Hall of the
House of Representatives, headed by
the Vice President and the Secretary of
the Senate, the Members and officers of
the House rising to receive them.
The VICE PRESIDENT took his seat
as the Presiding Officer of the joint con-
vention of the two Houses, the Speaker
of the House occupying the chair on his
left.
The joint session was called to order
by the Vice President.
The VICE PRESIDENT. Mr. Speaker,
Members of Congress, the Senate and the
House of Representatives, pursuant to
the requirements of the Constitution and
the laws of the United States, have met
in joint session for the purpose of open-
ing the certificates and ascertaining and
counting the votes of the electors of the
several States for President and Vice
President.
Under well-established precedents, un-
less a motion shall be made in any case,
the reading of the formal portions of
the certificates will be dispensed with.
After ascertainment has been made that
the certificates are authentic and correct
in form, the tellers will count and make
a list of the votes cast by the electors of
the several States.
The tellers on the part of the two
Hoyses will take their respective places
at the Clerk's desk.
The tellers, Mr. Cook and Mr. Cannon
on the part of the Senate, and Mr. Hays
and Mr. Devine on the part of the House,
took their places at the desk.
The VICE PRESIDENT. The Chair
hands to the tellers the certificates of the
electors for President and Vice President
of the State of Alabama, and they will
count and make a list of the votes cast
by that State.
Senator CANNON 'one of the tellers)
Mr. President, the certificate of the elec-
toral vote of the State of Alabama seems
to be regular in form and authentic and
it appears therefrom that Richard M
Nixon, of the State of California, re-
ceived nine votes for President and Spiro
T, Agnew, of the State of Maryland, re-
ceived nine votes for Vice President
The VICE PRESIDENT. There being
no objection, the Chair will omit in
fui-ther procedure the formal statement
just made for the State of Alabama and
we will open the certificates in alpha-
betical order and pass to the tellers the
certificates showing the vote of the elec-
tors in each State; and the tellers will
then read, count, and announce the re-
sult in each State as was done in the case
of the State of Alabama.
The Chair hears no objection.
There was no objection.
The tellers then proceeded to read,
count, and announce, as was done in the
case of the State of Alabama, the elec-
toral votes of the several States in alpha-
betical order.
The VICE PRESIDENT. Gentlemen
and gentlewomen of the Congress, the
certificates of all of the States have now
been opened and read, and the tellers will
make the final ascertainment of the re-
sult and deliver the same to the Vice
President.
The tellers delivered to the Vice Presi-
dent the following statement of the re-
sults:
E UNDERSIGNED, MARLOW W. COOK AND HOWARD W. CANNON. TELLERS ON THE PART OF THE SENATE. WAYNE L HAYS AND SAMUEL L. DEVINE, TELLERS ON THE PART OF THE
HOUSE OF REPRESENTATIVES. REPORT THE FOLLOWING AS THE RESULT OF THE ASCERTAINMENT AND COUNTING OF THE ELECTORAL VOTE FOR PRESIDENT AND VICE PRESIDENT
OF^THE UNITED STATES FOR THE TERM BEGINNING ON THE TWENTIETH DAY OF JANUARY, NINETEEN HUNDRED AND SEVENTY-THREE
States
Electoral votes
of each
State
For President
For Vice President
Richard M. Nixon George McGovern John Hospers Spiro T. Agnew R. Sargent Shriver Theodora Nathan
ibama..
ska
zona. ..
lansas..
itorma.
Cdorado.
Ccjnnecticut.
a re
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inda
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rgia,
i waii_.
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lo va
is
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nsas.
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isiana
■1e jr
ryland,
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hi?an
nesota
issippi
ssouri
ntana
braska
«ada
w Hampshire.
w Jersey
w Mexico
w York
Carolina..
h Dakota...
0
ahoma
Or igon.
insyivania.
9
3
6
6
45
7
8
3
3
17
12
4
4
26
13
8
7
9
10
4
10
14 .
21
10
7
12
4
5
3
4
17
4
41
13
3
25
I
S
27
9
3
6
6
45
7
8
3
9
3
6
6
45
7
8
3
17
12
4
4
26
13
8
7
9
10
4
10
21
10
7
12
4
5
3
4
17
4
41
13
3
25
8
6
27.
14
17
12
4
4
26
13
8
7
9
10
4
10
21
10
7
12
4
5
3
4
17
4
41
13
3
25
8
6
27
14
January 6, 1973
CONGRESSIONAL RECORD — HOUSE
379
States
Electoral votes
of each -
State
For President
For Vice President
Richard M. Nixon George McGovern
John Hospers
Spiro T. Agnew R. Sargent Shriver
Theodora Nathan
Rhode Island 4
South Carolina 8
South Dakota 4
Tennessee 10
Texas t 26
Utah - <
Vermont 3
Virginia 12
Washington 9
West Virginia 6
Wisconsin 11
Wyoming 3
Total 538
A . . . .
8
4
10
26
4
3
11 1
9
6
U
3
520 17 1
4
8
i^:::::::;::;;:;:::::::::::::::::::t:::::
26
4
3 — L
11 I 1
520 17 1
The VICE PRESIDENT. The state of
the vote for President of the United
States, as delivered to the President of
the Senate, is as follows: The whole
number of the electors appointed to vote
for President of the United States is 538,
of which a majority is 270. Richard M.
Nixon, of the State of California has re-
ceived for President of the United States
520 votes; George McGovern, of the
State of South Dakota, has received 17
votes; John Hospers, of the State of Cali-
fornia, has received one vote.
The state of the vote for Vice Presi-
dent of the United States, as delivered
to the President of the Senate, is as
follows: The whole number of the elec-
tors appointed to vote for Vice President
of the United States is 538, of which a
majority is 270. Spiro T. Agnew, of the
State of Maryland, has received for Vice
President of the United States 520 votes;
R. Sargent Shriver, of the State of Mar>--
land. has received 17 votes; Theodora
Nathan, of the State of Oregon, has re-
ceived one vote.
This announcement of the state of the
vote by the President of the Senate shall
be deemed a sufficient declaration of the
persons elected President and Vice Pres-
ident of the United States, each for the
term beginning on the 20th day of Jan-
uary, 1973, and shall be entered, together
with a list of the votes, on the Journals
of the Senate and House of Representa-
tives.
Members of the Congress, the pur-
pose for which the joint session of the
two Houses of Congress has been called,
pursuant to Senate Concurrent Resolu-
tion No. 1, 93d Congress, having been
accomplished, the Chair declares the
joint session dissolved.
(Thereupon, at 1 o'clock and 46 min-
utes_p.m., the joint session of the two
Houses of Congress was dissolved.)
The House was called to order by the
Speaker.
The SPEAKER. Pursuant to Senate
Concurrent Resolution No. 1, the Chair
directs that the electoral vote be spread
at large upon the Journal.
COMPENSATION OF SPECIAL
COUNSEL
Mr. HAYS. Mr. Speaker, I offer a res-
olution (H. Res. 92 1 and ask for its im-
mediate consideration.
The Clerk read the resolution, as fol-
lows :
H. Res. 92
Resolved, That the Clerk of the House of
Representatives Is hereby authorized to ap-
point and fix the compensation of such spe-
cial counsel as he may deem necessary to
represent the Clerk and the Interests of the
House in any suit now pending or hereafter
brought against the Clerk arising out of his
actions while performing duties or obliga-
tions imposed upon him by the Federal Cor-
rupt Practices Act, 1925, or the Federal Elec-
tion Campaign Act of 1971; and be it further
Resolved, That any expenses Incurred pur-
suant to these resolutions. Including the
compensation of such special counsel and
any costs Incurred thereby, shall be paid
from the contingent fund of the House on
vouchers approved by the Committee on
House Administration.
The SPEAKER. Without objection this
resolution will be considered and the gen-
tleman from Ohio is recognized.
Mr. GROSS. Mr. Speaker, will the gen-
tleman yield for a question?
Mr. HAYS. I will yield to the gentle-
man from Iowa (Mr. Gross>, Mr.
Speaker.
Mr. GROSS. May I ask the gentle-
man, is this a normal procedure, this
resolution, or is it some special proce-
dure?
Mr. HAYS. Mr. Speaker, may I say
this is not a normal procedure, because
we do not have normal circumstances.
As the gentleman knows, there are
several organizations, one of which is
one which is called Common Cause, and
this is an organization which is suing
the Clerk right and left and harassing
the Congress, and there are several suits
filed,
Mr. Speaker, this resolution is simply
to allow the work to be accomplished
and to have counsel to represent the
Clerk in suits filed in the various courts.
Mr. GROSS. Mr. Speaker, I thank the
gentleman for his explanation.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
HOWARD W.CANNON,
MARLOW W, COOK.
Tellers on the Patt nf the Senate.
WAYNE L. HAYS,
SAflflUELL. DEVINE,
Tellers on the Part of the House of Representatives.
AUTHORIZING COMPENSATION AS
GRATUITY TO WIDOW OF HON.
GEORGE W. COLLINS, LATE REP-
RESENTATIVE-ELECT FROM ILLI-
NOIS
Mr. O'NETLL. Mr. Speaker, I offer a
resolution (H. Res. 93) and ask unani-
mous consent for its immediate consid-
eration.
The Clerk read the resolution, as fol-
lows ; I
H. Res. 93 I
Resolved, That there shall be paid out of
the contingent fund of the House a sum
equal to the annual compensation of a Rep-
resentative In Congress as a gratuity to Car-
dlss R. Collins, widow of George W. Collins,
late a Representative-elect from the State
of Illinois.
Resolved, That there shall be paid from the
contingent fund of the House, until other-
wise provided by law, such sums as may i>9
necessEiry to compensate the clerical as-
sistants designated by former Representa-
tive George W. Collins in the 92d Congress
and borne upon the clerk hire pay rolls of
the House of Representatives at the close of
the 92d Congress at the rates of compensa-
tion then payable to said clerical assistants,
untU a successor is elected to fill the vacancy
in the 7th Congressional District of the State
of nilnols caused by the death of the late
George W. Collins: Provided, That the Clerk
is authorized to make, from time to time,
such salary adjustments as he deems advis-
able with resi>ect to the aforementioned
employees.
The SPEAKER. Is there objection to
the request of the gentleman from Mas-
sachusetts? ,
There was no objection. |
The resolution was agreed to.
A motion to reconsider was laid on
the table. ;
COMMITTEE TO ATTEND MEMO-
RIAL SERVICES FOR THE LATE
HONORABLE NICK BEGICH OF
ALASKA
Mr. O'NEILL. Mr. Speaker, I offer a
resolution (H. Res. 94) and ask for its
immediate consideration.
The Clerk read the resolution, as
follows:
H. Res. 94
Resolved, That the Speaker be authorized
to appoint a committee of the House, to-
3^0
to
A:
ge^her with such Members of the Senate as
be joined, to attend memorial services
be held for the Honorable Nick Beglch in
:horage, Alaska, on January 7, 1973.
lesolved. That the Sergeant at Arms of
House be authorized and directed to take
h steps as may be necessary to carry out
provisions of these resolutions and that
necessary expenses in connection there-
be paid out of the contingent fund
he House
th
su
th.
th.
w
O!
i h
The resolution was agreed to.
\ motion to reconsider was laid on the
ta )le.
The SPEAKER. The Chair appoints
members of the committee to attend
I memorial services for the Honorable
:k Begich the following Members on
part of the House; Hon. John A.
tiATNiK, Hon. John N. Camp. Hon.
.^MES J. Howard, and Hon. Tend Ron-
10.
as
th
Ni
th^
B
J
CA
a
by
an
P
n I'
c
sv
E
W
ofler
fo •
lOM,-
a
by
an
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chj.;
Ycur
anl
CONGRESSIONAL RECORD — HOUSE
January 6, 1973
e: .ection of membehs to com-
mittee ON APPROPRL\TIONS
^r. TEAGUE of Te.xas. Mr. Speaker, I
ofler a resolution iH. Res. 95 » and ask
fo • its immediate consideration.
rhe Clerk read the resolution as fol-
lois •
H. Res. 95
lesolved. That until March 1, 1973, unless
esolutlon providing otherwise is adopted
the House, the following named Members
hereby elected to the Committee on Ap-
priatlons: George H>Mahon of Texas,
irman; Jamie L. Whitttn, of Mississippi:
n J. Rooney, of New York; Robert L. P.
, of Florida; Otto E. Passman of Louisi-
Joe L Evlns. of Tennessee: Edward P.
of Massachusetts: William H. Nat-
of Kentucky: Daniel J. Flood, of Penn-
■ ania: Tom Steed, of Oklahoma; George
Shipley, of Illinois: John M. S.ack, of
t Virginia: John J. Flynt. Jr., of Georgia;
Smith, of Iowa: Robert N. Glalmo, of
Julia Butler Hansen, of Wash-
on; Joseph P. Addabbo, of New York;
n J. McFall. of California: Edward J.
of New Jersey: Clarence D. Long, of
land: Sidney R. Yates, of Illinois; Bob
of Texas: Frank E. Evans, of Colorado;
id R. Obey, of Wisconsin; Edward R. Roy-
of California: Louis Stokes, of Ohio;
Edward Roush, of Indiana: K. Gunn Mc-
Ka y. of Utah: Tom Bevill. of Alabama.
The resolution was agreed to.
\ motion to reconsider was laid on the
ta )le.
Clia
Joi
Sil e
an i:
Bo and.
h ;r
«s
Neil
Connecticut:
ini;t
Joi
Pa;ten
Mi ry
Capev
Da
ba
J
ELECTION OF MEMBERS TO
COMMITTEE ON RULES
VIr. TEAGUE of Texas. Mr. Speaker, I
a resolution <H. Res. 96> and ask
its immediate consideration,
rhe Clerk read the resolution as fol-
s:
H. Res, 96
esolved. That until March 1, 1973, unless
esolutlon providing otherwise ts adopted
the House, the following named Members
hereby elected to the Committee on
Rijles:
J. Maciden. Indiana. Chairman, James
De'.aney of New York: Richard Billing of
iisourl: Thomas P, O'Neill. Jr,, of Massa-
;setts: B. F. Sisk of California: John
ng of Texas: Claude Pepper of Florida.
Spark M, Matsunaga of Hawaii.
rhe resolution was agreed to.
\ motion to reconsider was laid on the
ta )Ie.
ELECTION OF MEMBERS TO COM-
MITTEE ON HOUSE ADMINISTRA-
TION
Mr. TEAGUE of Texas. Mr. Speaker, I
offer a resolution (H, Res. 87) and ask
for its immediate consideration.
The Clerk read the resolution as fol-
lows :
H. Res. 97
Resolved, That until March 1, 1973, unless
a resolution providing otherwise is adopted
by the House, the following named Members
are hereby elected to the Committee on
House Administration:
Wayne L. Hays, Ohio, Chairman; Frank
Thompson, Jr,, of New Jersey, John H. Dent
of Pennsylvania, Lucien N. Nedzi of Michi-
gan, John Brademas of Indiana, Kenneth J.
Gray of Illinois, Augustus F. Hawkins of Cali-
fornia. Tom S. Gettys of South Carolina,
Jonathan B. Bingham of New York, Bertram
L. Podell of New York. Frank Annunzio of
Illinois, Joseph M. Gaydos of Pennsylvania,
Ed Jones of Tennessee, and Robert H. Mollo-
han of West Virginia.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
ELECTION OF MEMBERS TO COM-
MITTEE ON APPROPRL^TIONS
Mr. ANDERSON of Illinois. Mr.
Spealcer. I offer a resolution iH. Res. 98 >
and ask for its immediate consideration.
The Clerk read the resolution as
foUowc :
H. Res. 98
Resolved, That the following-named Mem-
bers be, and they are hereby elected members
of the standing committee of the House of
Representatives on Appropriations:
Elford A, Cederberg, Michigan; John J.
Rhodes, Arizona; William E, Mlnshall, Ohio;
Robert H, Michel, Illinois; Silvio O. Conte,
Massachusetts: Glenn R. Davis, Wisconsin;
Howard W. Roblson. New York; Garner E.
Shriver. Kansas; Joseph M. McDade, Penn-
sylvania; Mark Andrews, North Dakota; Louis
C, Wyman. New Hampshire: Burt L. Talcott.
California: Donald W. Rlegle. Jr.. Michigan;
Wendell Wyatt, Oregon; Jack Edwards, Ala-
bama: Del Clawson, California: William J,
Scherle, Iowa: Robert C, McEwen, New York;
John T. Myers, Indiana; J. Kenneth Robinson,
Virginia.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
ELECTION ON COMMITTEE ON
RULES
Mr. ANDERSON of Illinois. Mr.
Speaker, I offer a resolution (H, Res. 99)
and ask for its immediate consideration.
The Clerk read the resolution, as
follows:
H. Res. 99
Resolved, That the following-named Mem-
bers be. and they are hereby elected mem-
bers of the standing committee of the House
of Representatives on Rules:
John B. Anderson, Illinois; Dave Martin,
Nebraska: James H, QuiUen, Tennessee:
Delbert H. Latta, Ohio.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
ELECTION TO COMMITTEE ON
HOUSE ADMINISTRATION
Mr. ANDERSON of Illinois. Mr.
Speaker, I offer a resolution (H. Res.
100 » and ask for its immediate con-
sideration.
The Clerk read the resolution
'.<M&ffed. Til
as
H. Re,s, 100
R1M6T1 td. That the following-named Mem-
bers be, and they are hereby elected members
of the standing committee of the House of
Representatives en House Administration:
Samuel L. Devlne, Ohio: William L. Dickin-
son. Alabama: James C, Cleveland, New
Hampshire: James Harvey, Michigan: Orval
Hansen. Idaho: Philip M. Crane. Illinois;
John Ware. Pennsylvania: Victor V. Veysey,
California: Bill Frenzel. Minnesota.
The resolution was agreed to.
A motion to reconsider was laid
the table.
on
LEGISLATIVE PROGRAM FOR THE
WEEK OF JANUARY 8, 1973
'Mr. GERALD R. FORD asked and
A'as given permission to address the
House for 1 minute.)
Mr. GERALD R, FORD. Mr. Sp3aker,
I have asked for this time for the pur-
pose of asking the distinguished majority
leader the program for next week.
Mr. O'NEILL. Mr. Speaker, will the
gentleman yield?
Mr. GERALD R. FORD. I yield to the
gentleman from Massachusetts
Mr. O'NEILL. Mr. Speaker, in reply
to the gentleman from Michigan may I
say that when we adjourn today we are
going to adjourn until Tuesday next,
January 9, 1973. Of course, there is no
business scheduled for Tuesday next.
The Members have just heard the vari-
ous committees that have been ap-
pointed, and, after having talked with
the Speaker, there would be only one
possibility of some type of resolution
which would come out of the committee
on House Administration of which the
gentleman from Ohio, Mr. Hays, is the
chairman: however, the gentleman from
Ohio has stated to me that he knows of
nothing at the present time. So I would
have to say that there would be no busi-
ness on the floor for Tuesday next.
So on Tuesday next we will then ad-
journ until Thursday, under the rule.
We have no business so far as we know
that will be scheduled for Thursday next.
So that while we v.-ill be meeting on
Tuesday and Thui'sday next week, there
will be no formal business of any type.
Mr. GERALD R. FORD. I thank the
gentleman.
POSTPONEMENT OF DEMOCRATIC
CAUCUS ON WEDNESDAY NEXT
fMr. ONEILL asked and was given
permission to address the House for 1
minute, and to revise and extend his re-
marks. I
Mr. O'NEILL. Mr. Speaker, I have been
asked by the Chairman of the Democratic
Caucus to make this announcement, and
that is that the caucus that had been
scheduled for next Wednesday has been
postponed subject to the call of the
Chair. *
January 6, 1973
CONGRESSIONAL RECORD — HOUSE
381
ADJOURNMENT OVER TO TUESDAY,
JANUARY 9, 1973
Mr. O NEILL. Mr. Speaker, I ask
unanimous consent that when the House
adjourns today it adjourn to meet at
12 o'clock noon on Tuesday next.
The SPEAKER. Is there objection to
the request of the gentleman from Mas-
sachusetts?
There was no objection. i
A TRIBUTE TO FRANK ELEAZER
(Mr. GERALD R. FORD asked and was
given permission to address the House
for 1 minute, and to revise and extend
his remarks, i
Mr. GERALD R. FORD. Mr. Speaker,
I rise today to salute a man who for
nearly 2 decades headed the UPI staff
in the House, a man whose sparkling
and perceptive writing has illuminated
House activities in the eyes of the read-
ing public for 25 years.
Mr. Speaker, Frank Eleazer has left
his post with UPI to become an editorial
writer for the St. Petersburg, Fla.,
Times. I know I speak for all Members
of the House when I say we shall miss
him. Now that Frank is gone, it will be
a challenge for the many other fine re-
porters covering the House to maintain
the excellence of coverage we have en-
joyed in the past.
On behalf of the House. I wish Frank
the best in his new position. It is perti-
nent to point out that Eugene Patterson,
editor and president of the St. Peters-
burg Times, is himself a former UPI
staffer. It is small wonder that Mr. Pat-
terson took it upon himself to lure Frank
away from UPI. He was familiar with the
excellence of Frank's work.
Frank Eleazer was born November 3,
1916, in Nashville, Term., and went to
.school in Atlanta and De Kalb County,
Ga. He v^as graduated from Emory Uni-
versity in 1937 and received a master's
degree from the Columbia School of
Journahsm in 1938. He then went to work
as a cub reporter at the Macon, Ga.,
Telegraph and later became city editor
of the Macon News. He went from the
News to the Richmond Times-Dispatch
as a reporter, arriving in Richmond with
the grand total of $100 in his pocket. But
he was rich because he was accompanied
by his new bride.
Frank served for 13 months in the
military, was discharged because of a leg
injury. After release from the service.
Frank joined United Press in November
1943 in Atlanta, He covered the Georgia
and Florid.^ Legislatures as a relief man
and was transferred to Washington in
July 1945. Here he covered veterans news
during the big demobilization after
World War II. Also, as a swing man ior
UP he sav,- something of most Washing-
ton news runs. Frank was UP's backup
man .".t the White House during the
middle of the Truman administration. He
was assigned to the House in late 1947.
He became chief of UP's House staff in
January 1954 and continued in that role
until the end of 1972 except for a stint
of several months when he wrot€ the UPI
humor colu.mn, "The Lighter Side."
Mr. Speaker, Frank Eleazer's depar-
ture is a loss to all of us. We will miss his
fine coverage of the House and UPI's re-
porters will miss his wise counsel.
HARRY S FRUMAN
(Mr. SIKES asked and was given per-
mission to extend his remarks at this
point in the Record and to include ex-
traneous matter, i
Mr. SIKES. Mr. Speaker, the death of
Han-y S Truman saddened America as
few events have done. He was given uni-
versal acclaim for his courageous ad-
ministration as President. This is a very
different story from the one which gen-
erally prevailed when he was President.
I recall very well that he left office
widely condemned by the news media for
having been a poor President. Now 20
years later they say he was one of Amer-
ica's 10 best Presidents. I think the lat-
ter assessment is the correct one.
Here was a most interesting individual.
Harry S Ti-uman was a man wl'O did
not want to be Vice President, The Na-
tion viewed him with concern and appre-
hension when he succeeded to the Presi-
dency. He had been very much in FDR's
shadow and there was little understand-
ing nationwide of his ability or his de-
termination.
The public gained an awareness of his
qualities of leadership just in time for
him to be elected over Tom Dewey. The
experts had not given him a chance.
Here again, courage and determination
saw him through.
He was destined to continue to grow in
public esteem with each passing year
particularly after he left office. Now the
history books properly record him as a
strong and courageous and yet a humble
President who did not duck the issues —
and they were heavy. Few national lead-
ers in our time now are held in higher
regard. Here was a man — a great man.
THE DECISION TO HOMEPORT IN
GREECE
<Mr. SIKES asked and was given per-
mission to extend his remarks at this
point in the Record and to include ex-
traneous matter. )
Mr. SIKES. Mr. Speaker, let us review
the long history of close allir^nce between
the people of America and the people of
Greece. The people of few nations have
had closer association with those of our
own counti->' than the people of Greece.
The continuous and unflinching friend-
ship shown to our Government by the
Greek Government is best reflected in
the manner in which Greece has stood
with the United States in all matters of
the common defense and in the continu-
ing fight against the spread of Commu-
nist ideology. We in America will do well
to show our understanding and apprecia-
tion for this courageous little nation in
ways other than through criticism of its
internal processes.
I note with concern and regret the crit-
ical report by a subcommittee of the
House Foreign Affairs Committee on the
decision to provide U.S. Navy facilities for
homeporting in Greece. Homeporting is a
concept which is of particular importance
to the Navy in that it gives families an
opportunity to be with servicemen as-
signed to the fleet overseas.
In brief, homeporting is important be-
cause it alleviates two very serious prob-
lems being faced by today's Navy. The
first is retention and the second is the
ability to meet present commitments with
declining force levels. The high opera-
tional tempos sustained by naval forces
has taken a toll in a lessening ability to
recruit and retain career personnel due
to family separations. Budget constraints
have severely impacted on the numbers
of ships, and their materiel readiness,
available to the Navy to meet our alliance
commitments.
Under the overseas homeporting con-
cept, families follow the ships overseas
and remain there until the ships return
to the United State- for overhaul — usu-
ally a period of 2 to 3 years. While over-
seas, the ships would visit their home-
ports at 1- to 2-month intervals, instead
of being away from homeport for a mini-
mum of 6 months, a much more satis-
factory arrangement from a career -en-
hancing standpoint and a much happier
situation for families.
There are concomitant benefits for
ships homeported in the United States
also. For instance, because a carrier is
homeported in the Mediterranean, the
remaining Atlantic Fleet carriers would
be requested to deploy less frequently
and their materiel condition could be
maintained at a higher level in addition
to enjoying increased family time. Con-
sequently our carriers would be more
available and in better materiel condi-
tion.
There are experienced results which
cannot be overlooked. Navy men are
eager to volunteer for duty \>.ith over-
seas homeported units. The destroyer
squadron — six destroyer types — home-
ported in Athens in September 1972
sailed with 88 percent officers and 82
percent enlisted volunteers. Retention
statistics indicated that overseas home-
ported units enjoy a higher first-term re-
enlistment rate than other fleet units.
22 percent as opposed to 18 percent.
Now let us look at expected results.
Based on the reenlistment rates of those
ships already homeported over'^eas and
the results of retention studies md .em-
veys, it is reasonable to expect an im-
provement of 1 to 2 percent in navywide
reenlistment rates through the result-
ant increase in homeport times. Cost ef-
fectiveness is a result of the fact that
each first-termer reenlisied saves $15.-
400 in retraining costs, and reduction in
personnel turbulence is a result of more
stabilized tours.
So much for the need for homeporting.
The next question is, of course, why was
Athens selected.
Comprehensive surveys of Mediter-
ranean ports were conducted utiUzing the
following criteria:
Strategic location;
Adequate harbor;
Jet capable airfield:
Adequate ship repair facilities;
Large urban area capable of absorb-
ing population; and
Local acceptability.
382
pefience
1.
A
cabable.
ard
on
be
not
Survey results indicated that Athens
wi.s the most satisfactory port from the
standpoint of the selection criteria. Ex-
wlth the six destroyers and
50 dependents already located in
Atjhens bears out the fact that Athens is
of assimilating Navy personnel
dependents with little or no affect
the economy. Cultural problems have
n minimal.
' The Athens homeportlng initiative does
Increase the Navy's reliance on shore
subport facilities In the Mediterranean
ex :ept for modest airfield facilities. All
otter logistic support requirements will
met by afloat logistics units as has
ays been the case with the 6th Fleet.
Contrary to the subcommittee report
concept of homeportlng supports the
Nikon doctrine. At Guam In the sum-
m( r of 1969 and in his address to the
N£|tion on November 3, 1969, the Presl-
described the elements of the new
to foreign affairs, among
be
ah
thi!
treaty
ca
th-
o 'Id !
de It
ap Droach
th( m —
"he tJnlt€d States will keep all of lt3
commitments we inherited — both be-
e of their intrinsic merit, and because
Impact of sudden shifts on regional or
stability.
: lomeporting is part of an attempt by
Navy to continue to do what it has
bein doing in the Mediterranean with
er resources — in other words to avoid
such a sudden shift in regional sta-
ty as referred to by the President. In
report to the Congress of February
1971, the President, in referring to
"lowering of our overseas presence
direct military Involvement," noted
thd
fe\
ju^t
bil
hij
25.
th<
an 1
ie
Sta
porll
the
CONGRESSIONAL RECORD — HOUSE
thj.t^
V^hlle cutting back overseas forces pru-
der tly. we must resist the automatic re-
du< tion of the American presence every-
wh ire without regard to the consequences.
During the hearings members of the
sul committee supported the role of the
6tl" Fleet in the Mediterranean. Home-
poiting does not increase the strength
of the 6th Fleet or the number of
6tl- Fleet personnel. What increase
thqre is in the presence of a number of
dependents. Homeport-
is entirely compatible with the Nixon
noi Lcombatant
ing
doc
lac
doqtrine.
he subcommittee report suggests a
of cooperation between the State
Department and the Defense Depart-
me it in the decision to homeport at
Athens. In fact in final analysis these
twc major Departments of Government
weie in full accord in the choice of a
Gr< ek site for homeportlng. It Is well to
nots the minority report which accom-
par ies the subcommittee report states :
V e do not agree that the administration
falli !d to cooperate fully with the committee.
On the contrary, It Is clear that the execu-
tive branch furnished the committee with
all nformatlon requested. Ftirthermore. we
are convinced that the Department of State
thoioughly considered all of the relevant
pol!;lcal factors before making the final de-
cisidn In favor of homeportlng in Athens.
Indeed, testimony showed that It was the
Department's Insistence that all home-
ng options m the Mediterranean be
exhAustively explored which led to a one-
yeai} study of the Issue.
There
are a number of conclusions In
report that I believe to be both un-
fortunate and incorrect. For Instance the
report states the Greek homeportlng de-
cision Is an example of the danger of
preeminence of military and strategic
considerations over political values in
American foreign policy.
Actually the decisionmaking process
within our Government is clearcut. In
the case of homeportlng Athens, subse-
quent to its proposal by the Navy, it had
to undergo review and gain approval at
two different and important levels, Sec-
retary of Defense and Secretary of State.
Although the Navy proposal was pri-
marily military in nature, the subsequent
reviews, and particularly that of the
State Department, were increasingly po-
litical in nature as they should have been.
Here, as In every other case, followed a
system of checks and balances which
placed the State Department In the final
positions of determination to insure that
political requirements would not be sub-
jugated by those of a military nature.
The fact that Greece has always been a
viable member of NATO and has shown
no indication of change in attitude to-
ward the alliance accentuates the unwar-
ranted and unjustified nature of this
conclusion.
And again, I quote from the minority
view :
We question the statement that Greece Is a
"potentially unreliable defense partner." Al-
though It Is of course Impossible to predict
with certainty future political developments
In any country, nothing to support such a
prediction was presented in this year's testi-
mony on homeportlng, nor during the hear-
ings In 1971 on Greece, Spain, and the south-
ern NATO strategy. Regardless of changes In
its government, Greece since 1952 has always
been a staunch member of the NATO alliance
ard. as such Is worthy of our trust.
The subcommittee makes the state-
ment that:
Homeportlng In Greece today does a seri-
ous disservice to American relations with the
Greek people, to our ties with our NATO
allies, and, most importantly, to our own
democratic traditions.
By contrast I find that the minority
view stated :
Throughout the report runs an obsessive
dislike for the present Greek Government.
Indeed, apart from Issues relating to the
nature of the Greek regime, the report finds
little negative to say about the decision to
homeport in Athens. When these diversionary
issues are set aside, the decision emerges for
what It Is — an honest attempt by reasonable
men to solve, or at least alleviate some of
the budgetary and personnel problems of the
Navy.
NATO did not express any oppo.sition
to homeportlng in Greece and apparently
did not interpret our effort to move in
that direction as any sign of support of
that particular government — ASD (ISA)
testimony on March 7. 1972— further,
there were no derogatory comments
made by the NATO Ministers of Defense
at the most recent meeting of the De-
fuse Planning Committee in December
•^1972.
The decision reflects 20 years of close
Greek-United States ties under NATO
and not any particular form of govern-
ment. In fact, frequent statements have
beejl made on U.S. policy which urges
our Greek allies speediest return to con-
stitutional government.
Januarij 6, 1973
All other arguments aside, any student
of Mediterranean affairs knows that the
Soviet presence in that part of the world
is growing both in power and prestige
Among the countries which ring the
Mediterranean, more and more have
fallen Into the Russian orbit. There are
fewer and fewer ports in which the
American flag is welcome. Yet Greece
remains a constant and loyal friend. The
Greek Government, about which some
Americans complain, has produced sta-
bility and progress instead of the in-
creasingly chaotic condition which ex-
isted under the monarchy. If we are to
retain a responsible and significant pos-
ture in the Mediterranean, we need the
base which is projected at Athens. Home-
porting is a very welcome thing for the
families of U.S. naval personnel who so
frequently have no opportunity to ac-
company their men on tours of duty
away from home. From every logical
standpoint, our Nation Is on sound
ground in its decision to homeport in
Athens. It is unfortimate that criticism
of the Greek Government and the Amer-
ican presence in Greece from congres-
sional circles so often is directed alona
ideological rather than practical grounds.
GALX,ERY SPACES SHOULD BE RE-
SERVED FOR FAMILIES AND
FRIENDS OF NEW MEMBERS AT
THE OPENING SESSION OF A NEW
CONGRESS
(Mr. SIKES asked and was given per-
mission to address the House for 1 min-
ute and to revise and extend his remarks
and include extraneous matter. )
Mr. SIKES. Mr. Speaker, the opening
session of a new Congress is always an
important event, but its greatest signifi-
cance is to new Members. There are few
things in the life of an individual that
are of greater importance than being
sworn in for the first time as a Member
of Congress. This very meaningful cere-
mony is also highly important to the
family and friends of the first-termers.
Always there are serious problems about
space in the galleries for them on open-
ing day. Would it not be a gracious and
sound thing to reserve all gallery spaces
for the families and friends of new Mem-
bers, saving only one ticket for each of
the older Members?
THE WASHINGTON EVENING STAR-
NEWS COMMENTS EDITORIALLY
ON THE HOUSE ARMED SERVICES
COMMITTEE REPORT REGARDING
THE RECOMPUTATION OF MILI-
TARY RETIRED PAY
<Mr. STRATTON asked and was given
permission to extend his remarks at this
point in the Recohd and to include ex-
traneous matter. )
Mr. STRATTON. Mr. Speaker, in the
92d Congress I had the honor of serving
as chairman of the special subcommittee
of the House Armed Services Committee
which made a thorough study of the mili-
tary pay situation, with special reference
to the proposal to reinstltute the practice
of recomputing retired military pay on
the basis of the latest increases In active
duty pay.
January 6, 1973
CONGRESSIONAL RECORD— HOUSE
383
That report was oCBcially released on
December 29 and I believe that Mem-
bers of the House, and also of the Senate,
who have been very much interested in
the recomputation proposal, will find the
facts contained in our report of consider-
able interest to them.
Also, Mr. Speaker, I am very pleased
that our report has received editorial
support for its conclusions from a very
important source, the V/ashlngton Eve-
ning Star-News in its issue of January
4, 1972. Under leave to extend my re-
marks I include herewith the text of
this supporting editorial :
[From the Evening Star and News,
Jan. 4, 1973]
Military Pensions: Drawing the Line
Old soldiers might fade away, as General
MacArthur said, but they do so on the most
handsome retirement system to be found
anvwhere In the world.
This year the cost of military retirement
pay is $4.3 billion, more than four times
what it was ten years ago. Assuming active-
duty pay scales rise 5 percent annually, that
cost will run to $7.9 billion by 1980 and $13
billion by 1990. It will, that is, if the basic
structure of the military pension system is
unchanged.
And yet there is a move in Congress to
change the structure so that the pensions
can shoot up even farther. It began last year
when the Senate, after distressingly little
debate but mindful that retired military men
cast votes, approved a bill to recompute re-
tirement pay on the basis of the increased
1972 active-duty scales. The bill, which could
come to a showdown vote In the House this
year, would provide pension boosts of up to 40
percent at a cumulative long-term cost run-
ning in the multi-billions of dollars.
In a report as welcome as it Is stern, a
House Armed Services subcommltte now has
denounced the legislation as both prohibitive
and unnecessary, and has urged its defeat.
We hope the House has courage enough to
take the advice.
Advocates of the bill are likely to draw
attention to some oldtlmers who are not
making out so well. And there may be such
cases. But it makes no sense at all to get at
the problem with a plan that gives big raises
to hundreds of thousands of ex-officers and
enlisted men who are in no financial trouble
at all.
It should be remembered that, unlike the
great majority of existing pension plans,
military retirement pay has a built-in cost-
of-living escalator. The pay goes tip 4 .oer-
cent every time the consumer price index
goes up 3 percent. Then, too, the typical
officer or enlisted man gets out of the service
while still in his forties. He is young enough
to beghi another career, and In nearly every
case he does, his Income bolstered by a stead-
ily ri.sing government retirement check.
Well, it has gone far enough, and with
military pay now competitive with civilian
salaries, perhaps It has gone too far even
without the big bonus represented by the
Senate-passed bill. The military themselves,
both active and retired, ought to recognize
the Inevitable squeeze ahead for the defense
dollar, as well as the entire federal budget.
Dealing Irresponsibly on the retirement-
pay scene Is a sure-fire formula for eroding
an already weakened public confidence In
how tax money is spent.
Mr, RANDALL. Mr. Speaker, it has
been my honor and privilege for the
past 14 years to represent the district of
former President Harry S Truman. At
this time I wish to announce there will
be time for the purpose of paying tribute
to this great man on Tuesday next.
special order
Mr. Speaker, at this time I ask unani-
mous consent that at the conclusion of
the legislative business on Tuesday next
that 1 hour be set aside so that all Mem-
bers may have the opportunity to pay
tribute to this great American.
The SPEAKER. Without objection, it
is so ordered.
There was no objection.
ONE HOUR ON TUESDAY NEXT TO
EULOGIZE THE LATE PRESIDENT
"HARRY S TRUMAN
fMr, RANDALL asked and was given
permission to address the House for 1
minute.)
GENERAL LEAVE FOR TUESDAY
NEXT
Mr. RANDALL. Mr. Speaker. I ask
unanimous consent at this time that all
Members may have 5 legislative days fol-
lowing Tuesday next to submit for the
Record any tributes of a personal nature
that they may have for our former Pres-
ident, Mr, Truman,
The SPEAKER. Without objection, it
is so ordered.
There was no objection.
RIGHT OF PEOPLE TO HAVE HONEST
ELECTION
(Mr. GONZALEZ asked and was given
permission to address the House for 1
minute, to revise and extend his remarks
and include extraneous matter.)
Mr. GONZALEZ. Mr. Speaker, we have
a plain duty to protect the right of the
people to have an honest election. If we
approve the votes from Virginia as
counted, we will, in effect, be placing our
seal of approval on a fraudulent election.
I believe that we can, within the Con-
stitution, deal with the problem of the
faithless elector. Not only can we do this,
but we are obliged to.
When Elector Roger L. MacBride took
it upon himself to violate his pledge and
promise to vote for Richard M. Nixon
and Spiro T. Agnew and. instead, voted
for John Hospers and Theodora Nathan,
he violated a good part of the Virginia
election. It was an act of simple fraud.
These faithless electors may be only
seeking a footnote in history. They may
be seeking only to demonstrate the weak-
ness of the electoral college system. But
whatever the purpose of MacBride's act,
it was a fraud upon the people of his
State, who elected him for the sole pur-
pose of voting for the Republican nomi-
nees. He held himself out for that pur-
pose, was pledged to it, and had the duty
to act on his pledge. Therefore, his fail-
ure to vote for the Republican candidates
was an act of fraud and corruption.
Mr. Speaker, the Supreme Court has
held that Congress has a right to protect
the choice of electors from fraud or cor-
ruption— Burroughs and Cannon v. U.S.,
290 U.S. 534.
I believe that this means that we have
the power to cancel the vote of a faith-
less elector, because such an elector has,
in fact, defrauded the election process
and corrupted it.
The duty and right of Congress to leg-
islate a clean election does not begin and
end with laws protecting the ballot box,
with laws against this and that form of
criminal behavior; it also extends to the
right to see that the election itself is not
stolen. When a faithless elector like Mac-
Bride chooses to cast his ballot for some
person other than the person he is
pledged to vote for, he does, in fact, steal
the election.
Now, it may be true that the Con-
stitution is silent as to the Independence
of the electors. But it is also true that
the Constitution contemplates an honest
election. A faithless elector is not sim-
ply an anomaly; he is not simply dem-
onstrating his independence: he is steal-
ing an election, and I am convinced that
a fair interpretation of the court deci-
sion in the Burroughs and Cannon case
would be that we can protect the people
of the States against such frauds as
MacBride.
If we needed any further basis upon
which to act, we need only remember
that the courts have upheld the right
of the States to require their electors to
pledge their votes in advance. A great
many States have laws to protect their
people against faithless electors. Tliere
is nothing unconstitutional about that,
and neither would it be unconstitutional
for us to reject a fraudulent vote such as
has been rendered here.
Let us remind you that this is a matter
of great urgency. Faithless electors are
appearing with more and more regu-
larity. We had one in 1960 from Okla-
homa; we had one in 1968 from North
Carolina; and now we have one from
Virginia. Up until these past few years
faithless electors have been rare indeed,
but now we see them in practically every
election. How long will it be before we
draw the line against these frauds? I
believe we must do so now, and I do not
believe that we have to amend the Con-
stitution to do it.
Now it may be argued that electors are
independent. But the truth is that they
can be legally bound by their States, as
the Blair case proved. And if they are
not legally bound we can refuse to count
the votes of those who violate their
pledges and defraud the election. I think
that we must look to the heart of this
matter, and the heart of it is corruption
and fraud. We can put a stop to It. and
I am convinced that no one would con-
test our action. And if a contest were to
be made, I am persuaded that the courts
would rule in our favor.
However, in order to regulate a formal
protest, the law and rules requires a
Member of the House to have a Senate
cosponsor. I was unable to obtain a Sen-
ator to cosponsor and be present with
me in order to protest, and for that rea-
son only did not pro*«st the faithless
Virginia elector's vote.
THE VOLUNTARY MILITARY
SPECIAL PAY ACT OF 1973
(Mr. BENNETT asked and was given
permission to address the House for 1
minute, to revise and extend his remjirks
and Include extraneous matter.)
Mr. BENNETT. Mr. Speaker, on the
irst day of this session I introduced with
; everal cosponsors the Voluntary Mili-
ary Special Pay Act of 1973. This legis-
lation is identical to legislation which
liassed the House last year.
The Special Pay Act provides the au-
hority to the Secretary of Defense to
(iffer incentives to specific volunteers in
eturn for a service commitment for a
tipulated number of years. Incentives
(iffered can be readily staited. stopped
(ir modified to reflect changing needs of
ihe Armed Forces for quantity, quality
iind experience level of members in
■ pecific skills. They are a traditional
nilitary compensation tool. Recent ex-
)erience of the Department of Defense
iith a variable bonus applied in the flexi-
)le manner envisioned for the future has
iroved most successful.
With the draft authority expiring in
> une of this year it is timely that the
Ccngress promptly handle this legisla-
1011 in an orderly manner.
84
CONGRESSIONAL RECORD — HOUSE
January 6, 1973
COUNTING OF ELECTORAL VOTE
' Mr. O'HARA asked and was given
lermission to extend his remarks at this
lomt in the Record and to include ex-
I raneous matter. >
Mr. O'HARA. Mr. Speaker, the Mem-
iers of this House, meeting jointly with
heir colleagues from the other body,
lave jilst performed a constitutional
: unction for what many of us hope will
be the last time in the history of this
rreat Republic.
I refer, of coui-se. to the counting of
the electoral vote which makes official
nhat the votes of the American people
lade real last November — the reelection
(if Pi-esident Nixon and Vice-President
ACNEW.
Last November, after a long and hard-
ought campaign, the American people
)erformed one of the most impressive
I ituals in the whole liturgy of freedom.
"hey went to the polls, and in the se-
( recy of voting booths from Hawaii to
; /laine. they exercised their right to cast
i. secret ballot indicating their choice for
1 he most powerful executive office free
men have yet devised. The act put into
(oncrete form the cherished American
lehef that the Government is the gift
(Jf the governed.
Subsequently, a group of mostly un-
i dentified. mostly unknown functionaries
H-ent to their respective State capitols
i nd cast votes in their brief capacity as
1 iresidential electors, ratifying the choice
made by the people. One of those elec-
tors, deeming himself to be wiser than
the great people of the great State of
''irginia. betrayed his trust and voted
1 or another ticket than the one he had
tieen appointed to vote for. but in spite
(if that flaw in the proceedings, the elec-
toral college, as it has in virtually every
< lection in the history of the Nation,
leither added to nor subtracted from the
act that the people's choice for the
'residency had been in fact elected.
We have been fortunate all through
these nearly 2 centuries, that the elec-
toral mechanism has really not per-
1 ormed any noticeable function in the
< onferring of power upon the elected
] 'resident, 'We have been fortunate be-
cause that mechanism, of all the institu-
tions created by the Constitution, is easily
the least functional, the most undemo-
cratic, and the one most likely to break
down under stress.
We cannot expect to be lucky forever,
Mr. Speaker. One day, if we allow this
constitutional anomaly to persist, the
will of the American people is going to be
distorted, and their choice of a President
is going to be frustrated — perhaps by a
group of faithless electors, perhaps only
by the natural distortions of electoral
arithmetic. One day, Mr. Speaker, the
electoral college is not going to work the
way the people intend it to work — unless
we rid ourselves of it first.
In this spirit, a number of Members of
this House have joined with me in sub-
mitting a statement calling on the House
to repeat, as a first order of business, its
approval — already given by an over-
whelming majority of the House in
1969 — to an amendment providing for
direct election of the President.
Although many of the Members who
joined with me in signing this statement
liave also joined with me in cosponsoring
the exact amendment which was passed
by the House in 1969, I must take note
that other Members, including the dis-
tinguished gentleman from Massachu-
setts (Mr. CoNTEi and several others,
have themselves introduced other direct
election amendments, different in detail,
but much the same in substance. I am
not today asserting the superiority of
one of these proposals over another. And
nothing in the statement we have signed
binds any of the signers to one form of
words over another. What we are agreed
upon, is the urgent necessity of acting
on an amendment to provide for direct
election — and doing so as one of the first
orders of business in this 93d Congress.
The American people are clearly de-
manding that their Government be more
responsive to their wishes and their
sovereign authority. The first step we
should take is to dismantle that symbol
of distrust of the people — the electoral
college.
Mr. Speaker, I include the statement
to which I refer at this point in the Rec-
CR-D. wi*h the names of the signers:
Text of the Statement
Four years ago. on the occasion of the
counting of the electoral vote In a Joint
meeting of the House and Senate, a number
of us stood and objected to the counting of
the vote of one faithless elector— a man who
violated his obligation to the people of the
State of North Carolina by exercising his
tmagflned option to cast their vote his way.
Others among us, while In no way ex-
pressing any approval of the decision of that
elector, voted against the objection, because
we believed the electoral system did, and still
does permit any elector to disregard his man-
date from those who elected him.
After a very thoughtful debate, the House
and the Senate each voted, four years ago, to
allow the faithless elector's vote to be count-
ed. One electoral vote made no difference
four years ago. The candidates who received
a plurality of the popular vote, and whose
pledged electors constituted a majority of
the Electoral College were chosen, and the
one maverick electoral vote of 1968 faded
Into a minor historical footnote.
But throughout that debate four years ago.
Members on both sides expressed concern
over the possibility that the electoral system
as presently constituted might some day in-
deed fail to reflect the will of the American
people. Some day, member after member
pointed out, the Electoral count Itself might
be so close that a single faithless elector or a
small group of faithless electors could steal
the election. Or — even more dangerously, the
popular vote might once again, as it lias in
the past, go one way, and the electoral vote
might go another.
The debate was more than an academic
discussion of historical possibilities. That
concern made itself felt In this House when
on September 18, 1969, the House of Repre-
sentatives by an overwhelming vote approved
an amendment to the Constitution to pro-
vide for the election of the President and
Vice-President of the United States by direct
popular vote, without the Intervention of
electors or other mechanisms to dilute or dis-
tort the decision of the American people.
Unfortunately, the action of the House was
not duplicated in the other body, and the
direct election amendment was not submitted
to the States for ratification.
Four years after the "faithless elector' de-
bate In 1969, the House and Senate meet
again In Joint session to count the votes of
the electors. Once again, as in 1969, there Is
a faithless elector — this time a man who has
taken it upon himself to second-guess the
people of the great State of Virginia.
Once again, the faithless elector's decision
has, fortunately, no visible effect. In 1973, as
In 1969, the electoral vote goes by a very
substantial majority, to one set of candidates.
In this election, too. the popular vote went,
by an overwhelming majority, to the same
set of candidates. There exists in 1973, no
serious possibility of a conflict between the
popular vote, the electoral vote as an-
nounced in November, and the electoral vote
as cast in December and counted in January.
Once again, then, we have been lucky
enough to avoid a confrontation between the
way we think we elect our President, and
the way he can be chosen if there Is a peculiar
combination of circumstances.
But the fact that this year's faithless elec-
tor Is only an incident— the fact that last
fall's election was decided in a landslide,
cannot blind us to the possibility that the
electoral system stands in need of Immedi-
ate reconstruction. ■;
For this reason, while those of us who
four years ago objected to the counting of
the faithless elector's vote are not doing so
this time, all of the undersigned, those who
In 1969 supported and those who in 1969
opposed The challenge to the vote, are united
in 1973 in urging the House to repeat, as a
first order of business, its approval of a Con-
stitutional amendment providing for the
direct election by the people of the United
States, of their President and Vice-President,
and barring forever the possibility that a
small group of nameless functionaries, faith-
less or not, can interpose themselves between
the people and their choice.
LIST OF signatures
James G. O'Hara (D-Mlch.) , Silvio O. Conte
(R-Mass.), William Alexander (D-Ark.),
Frank Annunzlo (D-Ill.K Thomas L. Ashley
(D-Ohio), Alphonzo Bell (R-Cal.), Edward
P. Boland (D-Mass.). Frank J. Brasco (D-
N.Y.) , William G. Bray (R-Ind.) , Jack Brooks
(D-Tex.).
William S. Broomfleld (R-Mlch.), Bill D.
Burllson (D-Mo.), Charles E. Chamberlain
(R-Mlch.), Shirley Chisholm (D-N.Y.), Prank
M. Clark (D-Pa.). Harold Collier (R-Dl.),
John Conyers, Jr. (D-Mlch.). Domlnlck V.
Daniels (D-N.J.i, John Dellenback (R-Ore.),
John D. Dingell (D-Mlch.)
Joshua Ellberg (D-Pa.). Marvin L. Esch (R-
Mlch.), Frank E. Evans (D-Colo. ), Hamilton
FMsh, Jr. (R-N.Y.). Daniel J. Flood (D-Pa.).
William D. Ford (D-Mlch.) , Robert N. Glaimo
(D-Conn.), James R. Grover, Jr. (R-N.T.),
Lee H. Hamilton (D-Ind.), Augustus P. Haw-
kins (D-Cal.),
Januanj 6, 1973
CONGRESSIONAL RECORD — HOUSE
385
Ken Hechler (D-W. Va.), Henry Helstoski
(D-N.J.), John E. Hunt (R-N.J.), Albert W.
Johnson (R-Pa.) , Joseph E. Karth (D-Mlnn.) ,
j;dward I. Koch (D-N.Y.), Peter Kyros (D-
Sle.). Clarence D. Long (D-Md.), Torbert H.
MacDonald (D-Mass.), Lloyd Meeds (D-
Wash.)
Robert H. Michel (R-Dl.), Robert H. Mol-
lohan (D-W. Va.), Thomas E. Morgan (D-
Pa.), William S. Moorhead (D-Pa.), Charles
A. Mosher (R-Ohlo). John E. Moss (D-Cal),
Luclen N. Nedzl (D-Mlch.), David R. Obey
(D-Wis.).
Donald W. Rlegle, Jr. (R-Mich.), Fred B.
Rooney (D-Pa.), Frank Thompson, Jr. (D-
N.J.), Charles Vanik (D-Ohlo), Jim Wright
(D-Tex.), Wendell Wyatt (R-Ore.), Gus
Yatron (D-Pa.),
ADM. RUFUS J. PEARSON, CAPITOL
PHYSICIAN
I Mr. LANDRUM asked and was given
permission to address the House for 1
minute, to revise and extend his re-
marks and include extraneous matter.)
Mr. LANDRUM. Mr. Speaker, on
Wednesday, January 3, Rear Admiral
Pearson, the Capitol Physician, retired
from that position and from active naval
service.
Knowing Dr. Pearson here at the Capi-
tol these past few years has been a very
rewarding experience for me, personally
and professionally, and I am sure I speak
for the other Members. He has served
the Congress loyally and well, and is only
the second man to occupy this position.
Seeing increasing needs, he oversaw ex-
pansions of the services by personally
setting about to provide the additional
space and equipment to provide a first-
rate job of attending the Members of
Congress. His service here has been a
credit to the Navy and the medical pro-
fession.
I just wanted to take this opportunity
to wish my fellow Georgian and his wife
the best of luck in their home in North
Carolina, and we look forward to his
dropping by to see us once in a while.
I would also like to say welcome to Dr.
Gary, who was also born and raised in
Georgia. He comes to the House with ex-
cellent credentials and we appreciate the
fact that the Members of Congress will
continue to have outstanding medical
service available. I am certain we will
all share as close a working relationship
with Dr. Cary as we had with his dis-
tinguished predecessor.
BUSING
(Mr. BEVILL asked and was given per-
mission to address the House for 1 min-
ute, to revise and extend his remarks and
include extraneous matter.)
Mr. BEVILL. Mr. Speaker, to prevent
the busing or involuntary assignment of
students in every State of the Union. I
introduced on the first day of the 93d
Congress a joint resolution which pro-
poses an amendment to the Constitution
of the United States. When adopted, it
will prohibit any official or court of the
United States issuing any order dealing
with the transportation or busing of
pupils from one school to another or one
school district to another. It will also
prohibit any student or students attend-
ing elementary or secondary school in
CXIX 25— Part 1
their owti neighborhood being forced to
attend any other school against his or
her choice or the choice of his or her
parents or guardian.
The quality of education depends on
three things: Teachers, curriculum, and
public facilities. The solution to better
schools is upgrading of those three fac-
tors. The high cost of busing could better
be spent in improving the curriculum,
physical facilities, and teachers salaries.
Recent Federal court decisions have
tuiTied the school boards' role in trying
to provide quality education into a night-
mare. Quotas according to race, busing
little children across towTi out of their
neighborhood environment and away
from their neighborhood schools have
caused nothing but grief to all concerned.
Education today is perhaps the most
important function of State and local
governments. Compulsory school attend-
ance laws and the great expenditures for
education both demonstrate our recog-
nition of the importance of education to
our society. An opportimity for a quality
education is a right which must be made
available to all on equal terms and with-
out regard to race. It is against the in-
terest of schoolcliildren to attempt to use
them as pawns to solve social conditions
for which they have no degree of respon-
sibility.
This amendment will prevent the fur-
ther disruption of the school life of little
children, the long bus rides which have
been court-enforced, and the other
harmful effects of Federal court-ordered
schoolbusing.
FEDERAL GOVERNMENT IN THE
SUNSHINE— OPEN MEETINGS LEG-
ISLATION
(Mr. FASCELL asked and was given
permission to address the House for 1
minute, and to revise and extend his re-
marks and include extraneous matter.)
Mr. FASCELL. Mr. Speaker, I have in-
troduced H.R. 4, "the Federal Govern-
ment in the sunshine" bill, with substan-
tial bipartisan support. This is a vital
step in our efforts to eliminate secrecy in
government, to make the Congress more
responsive to the people, and to strength-
en the legislative branch of Government,
by requiring that all meetings, with spec-
ified exceptions, be open to the public.
In testimony before the Mathias-Ste-
venson ad hoc hearings on congressional
reorganization last month, John Gard-
ner, chairman of Common Cause, suc-
cinctly summarized the need for the
"government in the sunshine" bill. Mr.
Gardner said:
Doing the public's business In secret severs
the link of accountability between the elec-
ted official and his constituents. What they
can't see, they can't judge. Accountability
depends on access.
The "sunshine" bill provides that ac-
cess, both to the deliberative process of
the House and Senate, and to the de-
cisionmaking processes of the executive
branch.
The bill I am introducing is identical
to open meetings legislation sponsored in
the 92d Congress in the Senate by Florida
Senator Lawton Chiles. I also sponsored
the bill in the last Congress. It is pat-
terned after the Florida "sunshine" law
enacted in 1967, and its main provisions
include;
A requirement that all meetings, in-
cluding those to conduct hearings, of
Government agencies, at which official
action is taken, considered, or discussed,
shall be open to the public, with specified
exceptions; a requirement that most
meetings of congressional committees
shall be open to the public; a requirement
that a transcript of all meetings de-
scribed above be made available to the
public; and court enforcement of the
open meetings requirement for Federal
agencies.
Exceptions to these provisions would
be in matters relating to national defense
and security; items required by statute
to be kept confidential; meetings related
to internaipnanagement of an agencv or
committee; or disciplinary proceedings
which could adversely affect the reputa-
tion of an individual.
The provisions relating to the meetings
of the House and Senate apply to all
meetings, including executive sessions
for markup of bills and conference com-
mittees. In the 92d Congress, 44 percent
of all House committee meetings were
closed to the public. In the Appropria-
tions Committee, 92 percent of all meet-
ings were conducted behind closed doors,
and in the Ways and Means Committee,
63 percent were so conducted. Clearly, in
my judgment, the public has a right to
know how decisions were reached on how
the taxpayers' money is to be allocated,
and the Congress has the responsibility
to insure that they do know.
I am not implying, nor would I, that
actions taken by any committee in se-
cret are actions which would have neces-
sarily been different had the meetings
been held in open session. The fact is,
that the public and Meinbers of Congress
as well, ought to know how decisions were
reached, what alternatives were consid-
ered and discarded, and why.
We in the Congress have only to gain
from enactment of an open meetings law.
The level of public confidence in the
legislative process is seriously low. By in-
suring full access to our (decisionmak-
ing process, we can eliminate any uncer-
tainties, and help to restore the public's
confidence in its elected officials. We can
increase the Congress accountability by
increasing the public's access to Congress
work.
We face a fimdamental challenge with
the convening of the 93d Congress. That
challenge is whether the Congress will
meaningfully reassert its initiative in the
policymaking process, reestablish its role
as a viable force for leadership and
chnnge, and assume its constitutional re-
sponsibility and authority. Enactment of
the open meetings law would aid the
Congress in its efforts to meet this chal-
lenge.
The unprecedented secrecy in the exec-
utive branch has been cited as one of
the reasons for the steady erosion of
congressional influence on Government
policies. Congress, it has been said, ex-
ists today merely to ratify or modify
proposals submitted by the Executive.
Clearly this is an exaggeration but. nev-
ertheless, if Congress and the public had
86
CONGRESSIONAL RECORD — HOUSE
January 6, 1973
iccess to the decLsionmaking processes
i.ithin the departments and agencies of
< lovernment. we could insure that the
intent of Congress, as expressed in the
legislation we enact, is carried out.
Unless Congress takes the initiative,
the executive branch will continue to
centralize all policymaking functions,
1 eeping them from scrutiny by the Con-
f ress and the public. The Sianshine bill,
ly providing full access at all levels of
sovernment, will not only provide for
I reater accountability of the government
t3 the people, but also, I believe,
strengthen the role of Congress.
A frequent criticism of the open-meet-
iigs proposal is that it would encourage
£ nd foster secret preconf erence agree-
rients which would then be approved.
f ro forma, in an open meeting. Clearly
t lis possibility exists, and we must make
certain that safeguards against the cir-
cumvention of the bill's intent are in-
cluded in any legislation enacted.
In Florida, some officials did try to
circumvent the State law by holding In-
f>rmal sessions in private. The Florida
c aurts have ruled in such cases, however,
t lat a secret meeting occurs when offi-
c als meet so as to avoid being seen or
t-eard by the public, and that whether
t le meeting is formal or not. such secre-
t ve action violates the Sunshine Law. As
a result of a series of State court deci-
s ons, all meetings of government ofB-
c als must be, and I believe for the most
pirt are. open to the public.
The bill, as now written, gives the U.S.
d [Strict courts original jurisdiction over
a ;tions brought against any federal gov-
e-nment agency which fails to comply
V ith the bOl's open meetings require-
ment. One of the issues which will have
t/> be resolved during hearings is what
enforcement procedure should be estab-
lished for congressional meetings.
Mr. Speaker, on the Senate side, the
c lairman of the Government Opera-
t ons" Subcommittee on Executive Reor-
gmization and Grovemment Research,
Senator Abraham Ribicoff, has an-
nounced that hearings will be held on
0 Den meetings legislation early this year.
1 am hopeful that with broad, bipartisan
s ipport, similar hearings will be held by
t le Rules Committee in the House, and
s nious consideration will be given to
t lis proposal early in the session.
I am inserting a list of those Mem-
bers who have agreed to cosponsor H.R,
4 the Federal Government sunshine bill
a nd the text of the bill. I urge all Mem-
b=rs to study the bill's pr^sions care-
f illy, and join with us in supporting this
effort to make the Congress and the ex-
e:utive branch more responsive to the
E eople.
The ver>' concept of democracy implies
cpen government, where the people can
participate or at least know what ac-
t ons affecting their lives are being taken,
let, there are hundreds of examples of
I nnecessary secrecy throughout our Gov-
ernment, in the executive branch, the
r igulatory agencies and within the Con-
e ress as well.
The budget making and appropriations
I rocess is one area which most certainly
s nould be open to public view and yet, as
I discussed, is one of the most closed
areas we have.
The people of Florida recognized this
need when they passed the State sun-
shine law in 1967. The time has come for
the Federal Government to take such
positive action as well.
This bill, while forging new paths to-
ward a more resp^sive government, Is
also a continuation of reforms that have
already been achieved and steps that
have already been taken. In the early
1950's Congress enacted what can be
called a charter of citizen access by es-
tablishing the principle, under the Free-
dom of Information Act, that the work
of the Government and its bureaucrats
is really the work of the people and, as
such, subject to review and inspection
by the people. By removing the veil of
secrecy that shrouded much government
activity, the Freedom of Information Act
focused rays of light on the dark recesses
of Government files and bureaucratic
conduct.
All this is to say that the task of let-
ting sunshine into the operation of gov-
ernment is a continuing one — one that
is guided by the simple standard that
government acts best when its actions
are known, Its officials accountable, and
its policies responsive.
I include the following:
LIST or SPONSORS
Mr. Fascell, Mr. Hamilton. Mr. Fish, Mr.
Waldle. Ms. Abzug. Mr. Gude, Mr. Reuss, Mr.
Udall, Mr. Gibbons, Mr. Rosenthal, Mr. Rees,
Mr. Ware. Mr. Leggett. Mr. Chf rles H. Wilson,
Mr. Zwach, Mr. Drlnan, Mr. McCloskey, Mr.
Yatron, Mr. Studds. Mr. Andrews of North
Dakota. Mr. Helstoskl, Mr. Brasco;
Mr. Conyers. Mr. O'Hara. Mr. Stokes, Mr.
Mayne, Mr. Bell, Mr. W. C. (Dan) Daniel,
Mr. Conte, Mr. Owens, Mr. MazzoU, Mr.
Podell, Mr. Rogers, Mr. Haley, Mr. Prltchard.
Mr. Harrington, Mr. Moss, Mr. Fraser, Mr.
Jones of Oklahoma. Mr. Gunter, Mr. Aspln,
Mr. Zablockl, Mr. Hechler of West Virginia.
I H.R. 4
A bill to provide that meetings of Govern-
ment agencies and of congressional com-
mittees shall be open to the public, and for
other purposes
Be it enacted by the Senate and House
0/ Representatives of the United States of
America in Congress assembled. That (a) ex-
cept as provided In subsection (b), all meet-
ings (including meetings to conduct hear-
ing) of any Government agency at which any
official action Is considered or discussed shall
be open to the public.
(b) Subsection (a) shall not apply to that
portion of any meetings In which the action
or proposed action to be taken, considered,
or discussed by an agency —
(1) relates to a matter affecting the na-
tional security.
(2) relates solely to the Internal manage-
ment of such agency,
(3) might tend to reflect adversely on the
character or reputation of any Individual who
is subject to any proposed or potential sanc-
tion by such agency, or
(4) might divulge matters required to be
kept confidential under (specified statutory
provisions) .
Provided, Tliat this subsection does not au-
thorize closed meetings or the withholding
of Information from the public except as
specifically stated In this subsection, and Is
not authority to withhold Information from
Congress.
(c) Each agency subject to the require-
ments of this section shall, within one hun-
dred and eighty days after the effective date
of this Act, establish through publication In
the Federal Register procedures for provid-
Ing public notice of meetings required by
this section to be open to the public. Such
notice shall be given as far In advance of such
meetings as Is practicable, In order to facili-
tate attendance of such meetings by persons
desirous of doing so.
Sec. 2. (a) Section 133(b) of the Legislative
Reorganization Act of 1946 as amended by
section 103(a) of the Legislative Reorganiza-
tion Act of 1970 Is amended as follows:
"(1) Each meeting (including meetings to
conduct hearings) of each standing, select,
special or conference committee of the Sen-
ate shall be open to the public, except when
the committee determines that the matters
to be discussed, or the testimony to be taken,
relates to a matter of national security, re-
lates solely to the Internal management of
such committee, may tend to reflect adversely
on the character or reputation of the witness
or any other individual, or may divulge mat-
ters required to be kept confidential under
other provisions of law."
(2) Clause 27(f)(2) of rule XI of the
Rules of the House of Representatives Is
amended to read as follows: "Eaca meeting
(Including meetings to conduct hearings) of
each standing, select, special, or conference
committee shall be open to the public, except
when the committee determines that the
matters to be discussed, or the testimony to
be taken, relates to a matter of national
security, relates solely to the Internal man-
agement of such committee, may tend to re-
flect adversely on the character or reputation
of the witness or any other individual, or
may divulge matters required to be kept con-
fidential under other provisions of law."
Sec. 3. A transcript shall promptly be made
of each meeting which Is open to the public
pursuant to the provisions of this Act and
copies of such transcript shall promptly be
made available for public inspections and
copying.
Sec. 4. The district courts of the United
States shall have original Jurisdiction of ac-
tions to render declaratory Judgments or to
enforce, by Injunction or otherwise, the first
section of this Act and section 3 insofar as
It relates to that section. Such actions may
be brought by any person in the district
where such person resides, or has his prin-
cipal place of business, or where the agency
whose action Is complained of resides.
Sec. 5. DEFiNrrioNs. — For the purpose of
the Act—
(1) "Government agency" means each au-
thority of the Government of the United
States (whether or not It Is within or sub-
ject to review by another Government
agency) having more than one member, but
does not Include —
(a) the Congress
(b) the courts of the United States
(c) military authorities.
(2) "person" Includes an Individual, part-
nership, corporation, association, a public or
private organization other than an agency.
Sec. 6. This Act shall take effect on the
ninetieth day after the date of Its enact-
ment.
THE TAX EQUITY ACT OF 1973
Mr. CORMAN. Mr. Speaker, on Jan-
uary 3, 1973, I introduced, for appro-
priate reference, the bill. H.R. 1040. the
Tax Equity Act of 1973, and a compan-
ion bill. H.R. 1041; 43 Members of the
House have expressed their wish to co-
sponsor the Tax Equity Act of 1973 with
me. I am confident that others will join
this effort. The cosponsors of these bills
are: Mr. Aspin, Mr. Bolling, Mr. Browm
January 6, 1973
CONGRESSIONAL RECORD — HOUSE
387
of California, Mr. Brademas, Mrs. Chis-
HOLM, Mr. Conyers, Mr. Danielson, Mr.
Dellums, Mr. Dingell, Mr. Drinan, Mr.
DuLSKi, Mr. Edwards of California, Mr.
Eilberg, Mr. William D. Ford, Mr.
Fraser, Mr. Harrington, Mr. Hawkins,
Mr. Hechler of West Virginia, Mr. Hel-
sTOSKi, Mr. Johnson of California, Mr.
Kyros, Mr. McFall, Mr. Madden, Mr.
Meeds, Mr. Mitchell of Maryland, Mr.
Moorhead of Pennsylvania, Mr. Nix, Mr.
Obey, Mr. Pepper, Mr. Pike, Mr. Podell,
Mr. Price of Illinois, Mr. Rangel, Mr.
Rees, Mr. Reuss, Mr. Rodino, Mr. Rosen-
thal, Mr. Roybal, Mr. Stokes, Mr.
Studds, Mr. Van Deerlin, Mr. Waldie,
and Mr. Charles H. Wilson of California.
Believing that comprehensive reform
of the Federal taxing system is long over-
due and absolutely essential if our tax
laws are to provide the means of meeting
our revenue needs equitably and ade-
quately, and to promote economic
growth, I introduced in the fall of 1971,
along with 48 of my colleagues, the bill,
H.R. 11058, the Tax Reform Act of 1972.
The response to this initial effort, in and
out of the Congress, was sufficiently posi-
tive and compelling to require reintro-
duction in the 93d Congress. Some
changes have been made, all of which
strengthen the bill toward achieving
three main objectives: to obtain a more
equitable Federal tax structure; to pro-
vide a more even-handed system by
which the American businessman or in-
dividual investor can invest his capital;
and to supply new and sufficient revenue
to meet the costs of public needs.
In theory, our tax rates are progressive
and should have the effect of placing the
tax burden according to an individual's
ability to pay. But a variety of special
provisions have developed over the years
as an increasing source of preferential
treatment to various groups, thus making
a mockery of the theory. Our taxing sys-
tem is riddled with loopholes that de-
prive the Treasury of billions of dollars
each year, weakening our competitive,
free enterprise system and undermining
the morale of the hardworking wage
earner and small businessman to whom
tax loopholes are not available. In 1969,
more than 300 Americans with incomes
in excess of $200,000 paid no income tax;
56 of these were millionaires. In 1970,
more than 100 Americans with incomes
of $200,000 paid no income tax. Yet, in
1971 an average worker earning $8,000 a
year with a wife and two children paid
$672, or 8.4 percent of his income, in
Federal income tax.
The injustices of our taxing system are
felt as deeply by the small businessman
upon learning that the 24 largest oil com-
panies with earnings of some $8.8 billion
In 1968 paid taxes at a rate of only 8.7
percent. It is also felt by the fellow who
drives the oil truck when he realizes that
he pays a higher tax rate on his wages
than his employer. And, it is felt by the
family farmer who, though striving to
make ends meet, must pay his taxes while
many who are well-to*do buy farm prop-
erty as a tax shelter and play weekend
farmer.
One of the most damaging conse-
quences of the present system is that the
American taxpayer — Individual or busi-
nessman— is forced to make investment
decisions on the basis of tax advantages
rather than on sound economic objec-
tives, thus inviting a misallocation of re-
sources. The system tends to block the
flow of private capital to areas of in-
vestment that could maximize the devel-
opment of the economy while still giving
the investor a good return on his money.
The Federal Government must extricate
itself from the business of influencing
decisions for investing private capital, for
it is through the search for tax shelters
that the tax base is narrowed, that the
equitable distribution of the tax burden
is upset, and that vast loopholes are
created.
Tlie impact of these loopholes on the
Federal treasury is enormous. It becomes
a loss of many billions of dollars a year.
In the face of tremendous budget deficits,
amounting to over $100 biUion for the
last 4 years, it is obvious that something
must be done. We cannot afford these
losses and deficits and still maintain a
position of fiscal integrity. Neither can
we afford them if we are to respond to
the great voliune of unmet needs which
continue to cry for attention through-
out the Nation.
Providing necessary revenue for public
requirements is a must for the taxing
system at any level of government. For
the Federal Government the income tax
is the major revenue raiser and providing
suflBcient revenue must be a prime aim
of any reform effort. Our cities must be
rehabilitated; improvement in our edu-
cational system must be made: redevel-
opment of rural areas is a serious con-
cern; the Nation's health care crisis must
be solved; adequate housing for people
of low income must be provided; the
condition of poverty in America must be
minimized; and effective control of pol-
lution must be maximized. We must be-
gin to respond to these needs.
During the past few years these es-
sentials have increased in intensity and
multiplied in scope. Yet, in his record
budget for fiscal year 1973, President
Nixon's 5-year forecast of projected costs
of existing and proposed programs would
absorb all presently planned revenues.
This means that no new programs can
be inaugurated unless new taxes are
levied, additional sources of revenue are
found, or existing programs are scaled
down or eliminated.
Many responsible and perceptive ob-
servers contend that the Federal Govern-
ment must, if we are to resolve our vast
domestic problems, increase its revenue.
If this is so, and I believe it is, what are
the choices? An across-the-board in-
crease in the personal income tax rate?
A surtax on personal Income? Imposition
of a national sales tax, better known as a
value added tax — the most regressive of
all tax systems? In my judgment, and in
the judgment of my colleagues who have
cosponsored H.R. 1040, the fairest way
to produce more revenue is by reform-
ing the tax system to achieve an equi-
table structure — in very simple language,
abolish the variety of special exemptions
and shelters embedded in our complex tax
laws. I have been able to establish that
by such reform we would add some $20
billion to the Federal treasury In 1974.
When fully effective, the figure will rise
substantially.
The Tax Equity Act of 1973 attempts to
meet this goal. Its provisions would make
our laws more equitable and more pro-
ductive of revenue. The income tax would
become a neutral factor in the selection
of private capital investments. Our
budget deficits would be reduced and in
times of high economic activity, the
deficit could be eliminated entirely. The
economy would be strengthened as
greater purchasing power would be
channeled to individuals at the lower
income levels who are more likely to
spend their earnings than persons with
higher incomes. A number of lower in-
come people, while still responsible for
substantial social security taxes, would
be removed from the income tax rolls ; a
slight increase in the tax burden would
be placed on upper income brackets, but
would be offset in part by reducing the
maximum rate from 70 to 50 percent.
The net effect would be to provide suf-
ficient revenue to finance the growing
needs for public services.
Mr. Speaker, tax reform is the most
urgent matter facing the 93d Congress.
Nothing bears more directly on as many
citizens, nor resists consensus more
stubbornly than the question of how the
costs of Government should be shared.
But rising revenue needs and the ire of
taxpayers at the inequities of our taxing
system dictate that Congress can wait no
longer to make essential reforms.
I urge my colleagues to examine the
provisions of H.R. 1040 carefully. A sum-
mary of the bill follows. I hope that our
tax laws will be reformed along the lines
that H.R. 1040 proposes, for only through
reforms as provided by this bill can we
find our way back to fiscal responsibility
and equitable tax treatment for the
average American taxpayer — both neces-
sary ingredients for a stable, prosperous
and healthy economy, and for a demo-
cratic society.
Following is a summary of contents of
the tax reform bill :
Summary of Contents of Tax Reform
Bill
Section 1 — Short title, etc.
This section provides that the Act may be
cited as the Tax Equity Act of 1973. and the
section contains a table of contents of the
bin.
Section 2 — Technical and conforming changes
This section provides that the Secretary of
the Treasury shall, within 90 days after the
date of the enactment of the Act. submit to
the Committee on Ways and Means a draft of
any technical and conforming changes in the
Internal Revenue Code which should be made
to refiect the substantive amendments made
by the bill. The bill, for example, does not at-
tempt to make all conforming amendments
to the cross references provisions within the
Code or to the various tables of contents in
the Code.
Section 3 — Treaties
This section provides that every amend-
ment made by the Act shall apply notwith-
standing that its application may be con-
trary to the provisions of some treaty in effect
on the date of the enactment of the Act.
title I — c^pttal gains and losses
Section 101 — Repeal of alternative tax on
capital gains
This section repeals the alternative tax on
capital gains for both individuals and corpo-
388
CONGRESSIONAL RECORD — HOUSE
January 6, 1973
rations. As a result of this section and other
amendments made by title I ol the bill, capi-
tal gain Income (for taxable years beginning
after 1973 ) wUl not receive preferential treat-
ment and win be taxed as ordinary Income.
Section 102 — Tax treatment of capital gains
While capital gain Income will be taxed as
ordinary Income under the amendments
made by the bill, this section provides for a
limited exemption from tax depending on the
length of time the property has been held
before it Is sold. The exemption Is granted In
deference to the fact that Lf an asset has been
held a long time, the gain measured by dol-
lars Is attributable to some extent to the de-
clining value of the dollar.
This section assumes an inflation rate of
4 percent — looking at the past 15 years this
is somewhat on the high side — and provides,
In effect, that in computing the gain on a sale
of property, the taxpayer can add to the tax
basis of the property 4 percent of the tax
basis of the property (at the time of the sale)
for each year the property was held after It
was held for one year. More precisely, it is
provided that the addition to the tax basis
shall be one-third of 1 percent of the tax
basis for each full month the property was
held after it had been held for one year. Thus.
Lf the property is held for less than 13 full
months, nothing is added to the tax basis in
computing gain. If the property is sold after
Oelng held 63 full months (5 years and 3
months) 17 percent of the tax cost (51
months at one-third of 1 percent) would be
3.dded td the basis in computing gain.
It is provided, however, that the maximum
imouut which can be added to the tax basis
;s GO percent. This maximum does not ccme
nto play until the property has been held
'or more than 16 years before sale. Under
present law. an individual Is taxed on only
3ne-half of his capital gain if he holds the
property for one day over 6 months. Under
;he bill, no one day can malce a difference
>f more than one-third of 1 percent, and
that percent is of the cost of the property —
not the gain on Its sale.
This provision for not taxing the gain to
the extent attributable to inflation applies
not only to capital assets but also to property
used in a trade or business, such as a plant,
machinery, or other depreciable equipment.
It does not apply, of course, to property held
Tor sale to customers In the ordinary course
of business.
This section of the bill repeals a number
Df provisions in the Internal Revenue Code
which become deadwood when capital gains
are treated as ordinary income. Complicated
provisions, such as those dealing with col-
lapsible corporations and the recapture ot de-
preciation dedvictions on sale of property at
a, gain, are not needed when preferential
treatment of capital gains is eliminated. No
greater blow can be struck for the cause of
simplification of the income tax laws than to
repeal, as the bill does, the preferential In-
come tax treatment of capital gains.
Section 103 — Limitation on deduction of
capital losses
Under existing law. capital losses are de-
ductible only against capital gains plus, in
the case of an individual. $1,000 of other
income. This section of the bill provides that
capital losses of a corporation are deductible
only aganist gains from the sale of capital
assets and property used in a trade or bi;sl-
ness. In the case of an Individual, capital
losses will be deductible only against srch
gains olus $1,000 of other Income. Uncier
present law. a long-term capital loss of 82
will offset only $1 of an Individual's ordinary
Income. Under the bill, a capital loss of $1
will offset $1 of ordinary Income (subject to
the $1,000 limitation). Gains from the sale
of property used in a trade or business do not
Include gains from the sale of property held
primarily for sale to customers or gain from
the sale of animals.
Section 104 — Capital loss carrybacks and
carryovers
This provision grants relief to an individual
who has an unused capital loss of at least
$10,000 by allowing him to carry It back to
the 3 preceding taxable years. Cases have
arisen where a large capital gain In 1 taxable
year is followed by a large capital loss In the
following year which may never be utilized
even with the unlimited carrj'forward.
Under present law, if a corporation has
an unused capital loss of only a few hun-
dred dollars, this unused loss must be car-
ried back to the 3 preceding taxable years,
with resulting refunds If there are net capi-
tal gains In any of the 3 years. It cannot be
carried forward If It can be used up on a
carryback. This section of the bUl changes
existing law by providing that a corpora-
tion (like an Individual) cannot carry back
an unused capital loss unless It exceeds
$10,000.
The bill provides that the carryback Is
elective with the taxpayer, whether an in-
dividual or a corporation. This will make the
carryback provision less of an administrative
burden on the Internal Revenue Service for
In many cases the taxpayer would rather not
file a claim for refund of taxes paid In a
prior year If the loss can be used on a carry-
over.
In the case of an Individual, the carryover
can be used to offset ordinary income up
to $1,000 a year, but on a carryback the
capital loss can be used only to offset capital
gains. In the case of the death of an Individ-
ual the bill provides that the net capital
loss for the year of his death can be carried
back even though the loss is less than $10,000.
Under present law. a capital loss of a cor-
poration can be carried over only to 5 tax-
able years following the year of the loss.
Under the bill, a corporation (like an indi-
vidual) will have an unlimited carryover of
a capital loss.
Section 105 — Capital gain and capital loss
defined
This section amends the Code by striking
out the definitions of short-term and long-
term capital gains and losses since under
e bill no distinction Is made between short-
irm and long-term gains and losses. How-
ever, the bill defines the terms "capital
gala" and "capital loss" since the deduction
of capital losses Is limited as explained above.
The bill retains the definition In existing
law of the term "capital asset".
Section 106 — Nontaxed gains; carryover of
basis at death
Under present law, on the death of an In-
dividual his property receives a new basis
for tax purposes — the fair market value
used for purposes of the estate tax. Un-
realized capital gains are, therefore, not
taxed when the executor or the heirs sell any
appreciated property held by the decedent.
This section of the bill provides for a carry-
over of the decedent's basis, but the de-
cedent's basis In appreciated property Is In-
creased by Its proportionate share of Fed-
eral and State estate taxes attributable to
the amount of the appreciation. This section
would apply to decedents dying after June 30,
1973.
Section 107 — Tax treatment of gain on cer-
tain sales of patents
Since capltsU losses will continue to be
deductible only against capital gains (plus
an additional $1,000 In the case of an In-
dividual), It Is Important that ordinary In-
come Is not classified as capital gain Income.
Under existing law, gain on the sale by an
individual of a patent Is treated as capital
gain even though the taxpayer Is a profes-
sional Inventor. This section of the bill re-
peals this provision, so that the sale of a
patent by the person whose personal ef-
forts created the patent wUl be treated as
ordinary income and not capital gain in-
come. Just as the sale of a copj-right pro.
duces ordinary Income under existing law.
In additioia. this section provides that cap-
ital gain treatment will not be granted In
any case where the owner (whether a cor-
poration or an individual ) of a patent en-
ters Into an agreement (whether or not it
constitutes a sale, license, or assignment)
under which the seller or assignor of the
patent receives payments measured by a
percentage of the selling price of articles
produced by the buyer or transferee of the
patent or where the amounts received by
the seller or transferor are measured by pro-
duction, sale, or use by the assignee or licen-
see. Periodic receipts of this kind with re-
spect to the sale or transfer of a patent
are properly treated as royalty Income rather
than capital gain income.
TITLE II INCOME DERIVED FROM EXTRACTION
OF MINERALS
Section 201 — Repeal of percentage
depletion
This section of the bill repeals the allow-
ance of percentage depletion for oil and gas
and other minerals, effective with taxable
years beginning after December 31. 1973.
Section 202 — Deduction of intangible drill-
ing costs and other exploration and de-
velopment expenditures
This section of the bill liberalizes the de-
duction of exploration expenditures for oil
and gas. Under present law. intangible drill-
ing and development costs are deductible as
incurred, but geological and geophysical costs
are capital expenditures to be recovered
through the depletion allowance (or as a
loss upon abandonment). This section pro-
vides that all expenses incurred for the ex-
ploration and development of all minerals,
Including oil and gas, are deductible at the
election of the taxpayer, so long hs the ex-
penditures do not have the effect of shel-
tering from tax Income from nonmlneral
sources.
To deal with the problem of the tax shel-
ter, this section provides that the aggregate
deduction for exploration and development
of mineral properties during the taxable year
cannot exceed the taxpayer's aggregate tax-
able Income for the year from mineral prop-
erties (computed without regard to the de-
duction for exploration and development).
Losses on drilling a dry hole, however, will
continue to be deductible without regard to
the limitation. Any amount disallowed as a
deduction under this limitation will be
treated as an amount expended In the fol-
lowing year for the e;'<ploratlon and devel-
opment of mineral properties. In the normal
situation, this limitation will not limit the
deduction In the case of the taxpayer who is
in the business of operating mineral prop-
erties, but It will put a stop to the current
practice of peddling drilling funds as tax
shelters to taxpayers who are not in the busi-
ness of operating mineral properties.
Section 203 — Repeal of maximum tax on
certain sales of oil or gas properties
This section of the bill repeals section 632
of the Internal Revenue Code which pro-
vides that the tax imposed on an individual
on his sale of an oil or a gas property dis-
covered bv him shall not exceed 33 percent
of the selling price.
Section 204 — Income from mineral properties
located outside the United States
Under existing law, If a taxpayer goes into
a foreign country to explore for and develop
oil and gas wells or a mine, the deductible
costs of exploration and development can
be applied against Income from sources
v/lihln the United States. If the venture is
Jannanj 6, 1973
CONGRESSIONAL RECORD — HOUSE
389
successful and the mineral properties pro-
duce profits, the credit for foreign Income
taxes Imposed upon those profits will, on
the basis of past experience, completely off-
set the U.S. tax on those profits. The net re-
sult Is that the United States Treasury loses
revenue on account of the exploration and
development in foreign countries of mineral
properties and receives no revenue (because
of the foreign tax credit) when the mineral
properties produce profits. Moreover, If there
Is a loss on account of the expropriation of
mineral properties by a foreign government,
the deductible loss In the usual case has the
effect uf reducing the income taxes otherwise
payable on Income from sources within the
United States.
To eliminate the losses to the Treasury
on account of the exploration, development,
and expropriation of foreign mineral prop-
erties, this section of the bill provides —
(1) a taxpayer will not Include In his
tax return amounts derived from the opera-
tion of a mineral property located outside
the United States.
(2) no deduction shall be allowed for
amounts chargeable to Income so excluded
from the tax return, or for any amount ex-
peniled for the exploration or development
of any mineral property located outside the
United States, and
(3) losses on the sale, abandonment or
expropriation of mineral properties located
outside the United States shall be allowed
only to the extent of gains from the sale of
mineral properties located outside the United
States.
The exclusion from gross Income will not
apply to profits derived from processing min-
erals after reaching the so-called cutoff point
used in the past for percentage depletion
pi;rposes. Thus, profits from transporting
minerals rr In producing gasoline or refined
metals will not be exempt. In addition, the
exclusion from gross income will not apply
to royalties received on mineral properties
located outside the United States or to divi-
dends on stock of any corporation operating
mineral properties outside the United States.
TTTLE III REFORM MEASURES AFFECTING PRI-
MARILY INDIVIDUALS
Section 301 — 50-percent maximum rate for
individuals
Under present law. the maximum rate of
tax on Individuals Is 70 percent. This section
of the bill reduces the maximum rate to 50
percent. This reduction Is Justified In the
light of the other provisions of the bill which
broaden the Income tax base, particularly
the taxation of capital gains as ordinary
Income, and the elimination of the tax
shelters allowed under present law.
Section 302 — Credit against tax for personal
exemptions and nonbusiness deductions
This section of the bill provides a credit
against tax for the personal exemptions and
other personal deductions of an Individual.
in lieu of the existing deductions from gross
income for such Items. Under present law.
a deduction of $750 against gross income
for a personal exemption Is worth $525 to
the taxpayer In the highest bracket, but
only 8107 to a taxpayer In the lowest bracket.
This section of the bill provides that each
taxpayer will receive the same tax benefit
for his personal exemptions, and that the
Treasury will "contribute" the same amount
to all taxpayers with respect to deductible
expenditures not connected with a trade or
business or for the production of Income.
A credit of 24 percent of the aggregate
amount of the personal deductions Is allowed
by this section of the bUl. The personal de-
ductions Include the deductions for personal
exemptions, Interest and taxes on nonbusi-
ness Indebtedness (such as taxes and in-
terest on the taxpayer's home) . deductions
for charitable contributions, and deductions
for medical expenses. If the taxpayer would
have used the standard deduction Instead
of itemizing his deductions, then the 24-
percent credit will be applied to the amount
of the standard deduction the taxpayer would
have received plus the amount of his per-
sonal exemptions. The credit will not be
allowable with respect to alimony payments
which would continue to be deductible from
gross income as under existing law.
A credit of 24 percent of the personal de-
ductions, instead of deducting such amounts
from gross Income, will reduce the Income
taxes of taxpayers in the lower brackets. For
example, a married couple will two children
having an adjusted gross Income below
$15,300 (and assuming nonbusiness deduc-
tions of 10 percent of Income) wDl have a
reduction In their Income taxes.
This section provides that the President
may Increase or decrease the 24-percent rate
if he decides that It Is In the public Interest
to do so. If he decides that taxes on indi-
viduals should be reduced for a temporary
period, he could proclaim an Increase In the
24-percent rate, and If he believes that the
taxes should be Increased for a temporary
period, he could proclaim that the 24-per-
cent rate be decreased. The increase or de-
crease, however, cannot exceed 2 percentage
points.
Any increase or decrease In the 24-percent
rate by the President would not take effect
if either House of the Congress, within a 60-
day period after announcement of the pro-
posed change in rate, passes a resolution stat-
ing in substance that a change In the 24-per-
ce!it rate is not favored.
This section of the bill also provides that If
the taxpayer Is claiming a child as a de-
pendent (and thereby receiving a credit of
$180 against tax— 24 percent of $750), the
parent shall include In his gross Income any
Income received by the child during the year
from a trust created by the parent, and also
any dividends. Interest, or royalties received
by the child from any property given to him
by the parent. Income which is so taxed to
the parent would not be taxed to the child.
This provision would not apply if the parent
does not choose to claim the child as a
dependent.
Section 303— Repeal of $100 dividend
exclusion
This section repeals the provision in pres-
ent law that allows an individual to exclude
from gross income $100 of dividends received
on corporate stocks. Present law gives no sim-
ilar exclusion in the case of Interest received
on savings accounts, a much more common
form of investment by Individuals In the
lower brackets.
Section 304 — Limitation on deduction of
interest on investment indebtedness
Under existing law, if an Individual's In-
terest payments on Indebtedness incurred to
carry property held for investment exceeds
the sum of the Investment income plus $25,-
000. one-half of the Interest in excess of
that sum is disallowed as a deduction. This
section reduces the $25,000 figure to $5,000
and provides that all— not Just one-half — of
the Interest in excess of the sum of the in-
vestment income plus $5,000 !s to be disal-
lowed as a deduction. The amount which Is
disallowed as a deduction will be treated as
Investment Interest paid In the following
taxable year.
Section 305 — Elimination of i^acation resort
house as tax shelter
This section eliminates as tax shelters such
items as beach cottages, condominiums at
ski resorts, mountain cabins, and the like,
which the taxpayer uses for pleasure and
rents when he can in order to obtain tax
deductions greater than the rentals. The
amendment would also apply to the rental
of a house which Is used by the taxpayer as
his principal place of residence.
Under the amendment deductions for
depreciation, repairs. Insurance, agent fees
In handling rentals, etc.. would be allowed
as deductions only up to the amount of ren-
tals received during the year reduced by In-
terest and taxes paid (and deducted) on the
rental property. The rentals would not be
taxed (except In the unusual case where they
exceed all expenses) because they would be
offset by allowable deductions; but the ex-
cess costs for repairs, depreciation. Insur-
ance, etc., could not be used to shelter In-
come from other sources.
Section 306 — Disallowcnce of expcrne at-
tending convention outside the United
States
This section disallows expenses of travel
(including meals and lodging) of an li.di-
vldual In connection with attending a con-
vention held outside the United States. As a
general rule, such expenses are incurred pri-
marily for pleasure rather than business.
Thus, expenses of lawyers attending the
American Bar Convention In London in 1971
would have been disallowed if the amend-
ment had been in effect. The amendment ap-
plies to expenses Incurred after the date of
the enactment of the bill.
Section 307^Farm losses
The Tax Reform Act of 1969 provided for
an excess deductions account In the case tf
farm losses In order to eliminate seme of the
tax shelter afforded by the use of the cash
method of accounting in the case of farm-
ing. In order to deal more effectively with
the problem of farm losses as a tax shelter,
this section of the bill provides that farm
losses can be deducted against nonfarm in-
come only to the extent of $10,000 a year.
Any amount of a farm loss which is dis-
allowed under this provision will be treated
as an expense of farming In the following
taxable year.
This limitation on the deduction of a farm
loss win not apply to a taxpayer whose non-
farm income is less than $20,000.
Section 308 — Computation of earnings and
profits on a consolidated basis
Some conglomerate companies have been
paying dividends which are not fully taxable
because the parent company dots not have
sufficient earnings and profits to cover the
distribution although the consolidated group
had earnings and profits during the year
greater than the amount distributed. This
section of the bill provides that the earnings
and profits of a parent corporation for a year
shall not be less for dividend purposes than
the earnings and profits of the consolidated
group for the year.
Section 309 — Dividend on certain sale^ of
stock
The Tax Court held that If a transaction is
described in section 304 of the Code ( which
can produce dividend Income If stock of one
controlled corporation Is sold to another con-
trolled corporation) and Is also described In
section 351 (dealing with tax-free ex-
changes) , then section 351 applies and not
section 304. This section of the bill changes
the rule of the Tax Court case and provides
that the tax-free provisions of section 351
do not apply to the extent the application
of section 304 produces an amount taxable
as a dividend.
Section 310 — Termination of stock option
provisions
Under present law, an officer of a corpora-
tion is not taxed at the time he exercises a
qualified stock option granted him for per-
formance of services. If he sells the stock
after 3 years, the compensation Is taxed only
as a capital gain. If he holds the stock until
he dies, the compensation Is never taxed. This
section of the bill provides. In the case of
options granted after 1372. that the compen-
sation realized on exercise of a stock option
will be taxed at the time of exercise as ordi-
nary Income.
390
CONGRESSIONAL RECORD — HOUSE
January 6, 1973
The enactment of this amendment will be
welcomed by many corporate shareholders.
The liberal granting in the past of stock op-
tions has diluted, in some cases seriously,
the equity ownership of shareholders of the
companies who grant stock options. With the
demise of tax-free stock options, manage-
ment win no longer have to explain or con-
tend to shareholders that authority to grant
stock options Is necessary to attract or keep
"key employees".
Section 311 — Disallowance of certain double
deductions
Present law provides that the expenses of
administering an estate can be deducted by
the executor on either the Income tax re-
turn or the estate tax return, but not on
both. The courts have held that expenses
of the executor In selling property can be
deducted In the estate tax return and can
also be used on the Income tax return as an
offset against the selling price of the prop-
erty. This section of the bill provides that
such selimg expenses cannot be used In the
income tax return as an offset to the selling
price if they are deducted as an expense of
administration on the estate tax return.
Section 312 — Treatment of trust income
payable to children of grantor
Under present law, a father can, In effect,
deduct on his Income tax return gifts to hla
children if he makes a gift out of Income
from stocks and agrees to do so for at leVist
10 years. To get that result, the parent need
merely transfer stock to himself as trustee
and agree to pay out to his children the in-
come from that stock for 10 years, at
which time the stock will be returned to him
free of the trust. Use of short-term trusts In
this manner Is commonplace with aflBuent
taxpayers who can afford to give some of
their dividend income to their children.
This section of the bill provides that the
Income of such a trust will be taxed to the
grantor ( If he has a reversionary Interest)
so long as the Income is payable to a child
who Is under the age of 21 years or who Is
attending college and Is a dependent of the
taxpayer for purposes of the credit for per-
sonal exemptions.
Section 313 — Deductible losses of limited
partner cannot exceed investment
Limited partnership interests In syndi-
cated tax shelters — such as drilling funds and
real estate ventures — are being peddled with
the sales pitch that the Investor will enjoy
a deduction on his income tax return of $2
for every dollar he invests in the fu^ or the
venture It Is possible, under existing law, for
a limited* partner to take Income tax deduc-
tions (for his share of partnership deduc-
tlons 1 In excess of the amount which he has
contributed to the capital of the partner-
ship. This results because the existing regula-
tions provide that a limited partner's tax
basis will be lncreas«»d by a portion of any
partnership liability 'or which no partner has
personal liability.
This section of the bill provides that a
limited partner's share of partnership lia-
bilities cannot exceed the difference between
his actual contribution credited to him by
the partnership and the total contributions
he is obligated to make under the partner-
ship agreement. The effect of this amend-
ment will limit the deductions of a limited
partner in any drilling fund or other tax
shelter venture to the amount he has ac-
tually contributed to the capital of the
partnership.
Section 314 — Repeal of exemption for earned
income from foreign sources
Under present law. citizens of the United
States can exclude frohi gross Income certain
amounts of income they earn In foreign
countries if they are present in the foreign
country for 17 out of 18 months or If they
become a bona fide resident of the foreign
country. The exclusion is $20,000 a year If
the taxpayer meets the 17 out of 18 month
test and is $25,000 a year if he Is a bona flde
resident of the foreign country. This section
of the bill denies such exclusion from gross
Income In the case of taxable years beginning
after the date of enactment. The foreign tax
credit will prevent double taxation of the
income if the foreign country also taxes the
earned Income.
Section 315 — Under pay fnents of
estimated tax
This section provides that an Individual
cannot ba^e his estimated tax payments on
the prior year's tax (or at the current year's
rates applied to the prior year's facts) If in
any one of the 3 preceding taxable years the
tax shown on his return was In excess of
$100,000.
TtTLE IV — REFORM MEAStTRES AFTECTINO
PRIMARILT CORPORATIONS
Section 401 — Repeal of investment credit
The investment credit Is a massive sub-
sidy to corporations for their purchase of
machinery and equipment, nearly all of
which would be purchased in the absence of
the sut)sldy. The subsidy granted by the In-
vestment credit for the calendar year 1974
will amount to over $4 billion If the credit
Is not repealed. This section of the bill ter-
minates the Investment credit, effective with
respect to property placed In service on or
after January 1, 1974.
Section 402 — Repeal of asset depreciation
range system
In 1962, the Treasury Issued guidelines
specifying the number of years over which
different kinds of assets could be depreciated.
Through the "reserve ratio test", a direct
link was maintained between the deprecia-
tion claimed by taxpayers and the actual
"wearing out" of equipment. Taxpayers were
not allowed to depreciate for tax purposes
more rapidly than they were actually re-
placing the equipment.
In January. 1971, the Treasury announced
some major changes. Businessmen were al-
lowed to take guideline lives 20 percent
shorter than previously. Thus, an asset
which previously had a guideline life of 10
years could now be depreciated over 8 years.
In addition, the reserve ratio test was re-
pealed. These changes were given legislative
approval in the Revenue Act of 1971.
This section repeals the ADR system and
reinstates the reserve ratio test, for taxable
years beginning after December 31, 1972.
The amendment will Increase revenues by
approximately $800 million for 1973. $2.9
billion for 1975. and over $4 billion for 1977.
By the end of 1980, this repeal of ADR will
Increase revenues by more than $26 billion.
Section 403 — Depreciation deduction not to
exceed book depreciation
Under present law. a corporation cannot
use the LIFO method of valuing inventories
for Income tax purposes unless It uses the
same method In reporting Its earnings to
shareholders. The obvlovis rationale of this
rule Is that If UFO Is not considered by a
corporation as a correct method for report-
ing earnings to shareholders, then that cor-
poration Is not entitled to use the LIFO
method In reporting its earnings on the tax
return.
For a similar reason, this section of the bill
provides that a corporation cannot take de-
preciation deductions for a taxable year In
an aggregate amount In excess of the depre-
ciation taken Into account In reporting earn-
ings for the year to shareholders. Thus, If a
corporation on Its books computes deprecia-
tion for equipment on a straight-line basis
with a 30-year life. It cannot have a larger
deduction on the tax return by using the
double declining balance method or a shorter
life. Moreover, In the case of a publicly held
company whose annual report to sharehold-
ers Is certified to by Independent certified
public accountants. It can generally be pre-
sumed that the charge for depreciation re-
corded on the books is a fair and honest esti-
mate of the actual cost of depreciation for
the year. If a larger deduction for deprecia-
tion Is allowed on the tax return, then the
depreciation allowance becomes a subsidy
and not a reasonable allowance for the ex-
haustion of machinery and equipment.
In the case of an affiliated group of cor-
porations, regulations will prescribe whether
the report by the common parent corpora-
tion to Its shareholders, rather than the re-
port of subsidiaries to the parent, will be
taken Into account for purposes of thu
amendment.
Section 404 — Deduction for repairs limited
to amount recorded on books
This section of the bill, for the reasons set
forth In the preceding section dealing with
depreciation, prohibits the deduction by a
corporation of an expenditure for repairs if
the corporation capitalizes the expenditure
on its books for the purpose of reporting to
shareholders Its earnings and profits for
the year.
Section 405 — Limitations on dividends
received deductions
Subsection (a) of this section of the bill
provides that the dividends received deduc-
tion cannot exceed 85 percent of taxable In-
come (computed without regard to the net
operating loss carryback). The chief effect
of this Is to change present law which allows
a full deduction for 85 percent of dividends
received If this deduction will produce or
Increase a net operating loss for the taxable
year. The amendment also provides that any
amount disallowed for the taxable year be-
cause of the net Income limitation shall be
allowed as a deduction for the following
taxable year if there Is sufficient taxable In-
come In that year. ThK 'gives the taxpayer a
carryover which he does not have under
present law.
Subsection (b) provides that dividends re-
ceived from an unaffiliated corporation shall
be reduced (for purposes of the dividends
received deduction) by the amount of any
Interest on Indebtedness Incurred or con-
tinued to purchase or carry the stock of the
unaffiliated corporation. An unaffiliated cor-
poration is any corporation except one that
Is a component member of a controlled
group of corporations which Includes the
taxpayer.
This section of the bill also provides that
if the aggregate amount of dividends re-
ceived during the year from unaffiliated cor-
porations (after first being reduced by any
Interest paid as provided In the preceding
paragraph) exceeds the amount of dividends
paid by the corporation during the tax-
able year, no dividends deceived deduction
shall be allowed with respect to the excess.
Thus. If no dividends are paid by the tax-
payer, no dividends received deduction can
be claimed for dividends received from un-
affiliated corporations. However, the amoxint
which is so disallowed shall be treated as
a dividend received In the following year -
for purposes of the dividends received deduc-
tion. Moreover, If dividends paid during a
taxable year exceed the dividends received
during the year from unaffiliated corpora-
tions, the amount of the excess will be
treated as a dividend paid In the following
year for purposes of the dividends received
deduction.
Section 406 — Use of appreciated property to
redeem stock
Under present law, if a corporation re-
deems stock with appreciated property,
gain Is recognized except In certain cases.
One of the exceptions Is where stock or secu-
rities are distributed pursuant to a court
January 6, 1973
CONGRESSIONAL RECORD — HOUSE
391
proceeding under the antitrust laws. This
section provides that the stock or securities
must have been acquired before January
1, 1970, in order for the exception to apply.
It is not believed corporations which have
violated the antitrust laws should have a
tax benefit not available to other corpora-
tions who distribute appreciated securities.
'Section 407 — Recognition of gain on sales
in connection with certain liquidations
It a corporation adopts a plan of complete
liquidation and the liquidation Is completed
within 12 months, under existing law (sec-
tion 337 of the Internal Revenue Code) the
corporation Is not taxed on gains realized
on the sale of property during the period of
liquidatioM. Gains on sale of inventory, how-
ever, are exempt from tax only if the Inven-
tory is sold in bulk to one purchaser.
This section makes three amendments to
section 337. First. It Is provided that section
337 shall apply only If at the time of the
adoption of the plan of liquidation the cor-
poration has less than 11 shareholders.
Second. It Is provided that gain on the sale
of Inventory shall be taxable even though
section 337 otherwise applies.
The third change deals with the problem
which has been presented in some cases where
shareholders of the liquidating corporation
traiLsferred. after adoption of the plan to
liquidate and before the corporation dis-
tributes its tax-free gains, some or all of
their stock to tax-exempt charities (usually
their private foundations). This amendment
of section 337 Insures that one tax will be
imposed in such cases by providing that If
tax-exempt organizations receive X percent of
the amounts distributed In liquidation, then
the same percent of the gains realized by
the corporation during the course of the
liquidation will be subject to tax at the cor-
porate level.
Section 408 — Denial of tax-free exchanges
in case of investment companies
In 1S66 tax-free exchanges of appreciated
stock for shares of mutual funds (so-called
swap funds) were brought to an end by an
amendment which provided that section 351
of the Code would not apply to transfers
to an investment company. That amendment
did not complete the Job. For years the Mas-
sachusetts Investment Trust, and other mu-
tual funds, have been Issuing their shares
to acquire all of the stock or assets of family
held personal holding companies, and these
exchanges are treated under section 368 as
tax-free reorganizations. This Is nothing but
swap funding to obtain diversification plus
a readily marketable security. The amend-
ment would make such exchanges taxable
and it would also make mergers of two In-
vestment companies taxable.
Section 409 — Certain transactions disquali-
fied as reorganizations
This section of the bill provides that there
cannot be a tax-free reorganization if the
shareholders of the smaller company involved
In the transaction end up with less than 20
percent of the voting stock of the surviving
corporation in a merger or of the acquiring
corporation in the case of a so-called B re-
organization (stock-for-stock) or a so-called
C reorganization (stock-for-assets) . If a con-
glomerate company whose stock is listed on
the New York Stock Exchange Issues less 20
percent of its voting stock to acquire the
stock or assets of a company whose stock Is
not listed, it is more realistic to treat the
shareholders of the unlisted company as hav-
ing sold out for a marketable security rather
than having taken part In a reorganization
of their company. A similar provision was
contained In the House version of the In-
ternal Revenue Code of 1954.
Section 410 — Repeal of special treatment of
bad debt reserves of financial institutions
This section of the bill provides that banks
and other financial Institutions who now are
allowed to take special deductions for re-
serves for bad debts will. In the case of tax-
able years beginning after 1973, compute any
addition to a reserve for bad debts on the
basis of the actual exi>erlence of the taxpayer,
the rule which Is applied to all other cor-
porations.
Section 411 — Repeal of deduction for Western
Hemisphere trade corporations
This section of the bill repeals the special
deduction now allowed domestic corporations
who obtain most of their income from for-
eign countries in the Western Hemisphere.
Section 412 — Taxation of undistributed
profits of foreign corporations
At the present time, American corpora-
tions do not have to pay Incomp taxes to
the Federal Government on the earnings of
their controlled foreign subsidiaries so long
as the earnings are undistributed. These
earnings, however, are generally taken Into
account by the parent company in reporting
earnings to Its shareholders. This tax de-
ferral constitutes an Important Incentive for
U.S. corporations to set up plants In foreign
countries. This section of the bill provides
for the taxation on a current basis of the
undistributed earnings of controlled foreign
corporations.
Section 413 — Involuntary conversions
This section provides that if gain on an
Involuntary conversion of property is not rec-
ognized because the taxpayer purchases stock
of a corporation owning property of the kind
which was converted, the basis of that prop-
erty in the hands of the corporation shall
be reduced by the amount of gain not rec-
ognized on account of the purchase of the
stock.
Section 414 — Computation of overpayments
of estimated tax
This section of the bill provides that a
corporation cannot compute Its estimated in-
come tax payments on the basis of the prior
year's tax (or on the basis of the prior year's
facts and the current year's rates) if in any
one of the 3 preceding taxable years the tax
shown on its return was in excess of $300,000.
TITLE V REFORMS AFFECTING INDIVIDUALS AND
CORPORATIONS
Section 501 — Minimum tax
This section makes a number of changes In
the minimum tax. First, It repeals the provi-
sion of existing law that allows regular In-
come taxes to be deducted from the Items of
tax preference. Second, the $30,000 exemp-
tion for tax preferences Is reduced by the
bill to $12,000.
Third, the following Items are added to
the list of Items which constitute tax pref-
erences:
(1) Deduction of Intangible drilling and
development costs for oil and gas wells.
(2) Deduction of exploration and develop-
ment costs in the case of mines.
(3) Tax-exempt Interest on State and local
bonds (issued before January 1, 1974).
(4) The credit against the United States
tax allowed for foreign income taxes.
(5) The amount of amortization for coal
mme safety equipment.
Another provision Is added to avoid a tax
on an item of preference If the taxpayer ob-
tained no tax benefit from the Iteni. This
provision will permit a taxpayer to elect to
waive a deduction for an Item of tax prefer-
ence. In which case the item would not be
taken Into account for the minimum tax.
However, such waiver can be made only at
such time and subject to such terms and
conditions as may be set forth In regulations
promulgated by the Secretary or his delegate.
Finally, this section of the bill strikes from
existing law the provisions which treat tax
preferences attributable to foreign sources
more favorably than preferences attributable
to sources within the United States.
Section 502 — Deduction for depreciation
based on equity on rental real estate
This section provides that in the case of a
building which the taxpayer rents to others,
the deduction for depreciation cannot exceed
the taxpayer's equity In the building and the
land. That Is, no additional deductions for
depreciation will be allowed (including ex-
isting bulldmgs) to the extent It would re-
duce the adjusted basis of the building be-
low the unpaid balance of the mortgage on
the land and building (minus the tax cost of
the land). However, until the depreciation
deductions equal the equity, the depreciation
would be computed on the entire cost of the
building and not on the amount of the
equity. This amendment would not apply to
a building If the primary use Is by the tax-
payer and not the tenants. This amendment
would practically eliminate real estate ven-
tures as tax shelters for Investors.
Section 503 — Charitable gifts of appreciated
property
Under existing law. If capital assets which
have appreciated In value are given to a
private foundation, the charitable deduction
Is reduced by one-half of the long-term
capital gain the Individual woijld have had
If he had sold the property at ^f air market
value. However. In the case of gifts of non-
capital assets to any charitable organiza-
tion, the amount of the charitable deduction
Is reduced by the amount of the ordinary
gain the taxpayer would have received If he
had sold the property at fair market value.
Since title I of the bill eliminates the
preferential treatment of capital gain In-
come, this section of the bill provides that If
appreciated property (whether or not a cap-
ital asset) Is contributed to any charitable
organization, the amount of the charitable
contribution shall be reduced by the amount
of gain which would have been realized if
the property contributed had been sold by
the taxpayer at its fair market value (de-
termined at the time of such contribution).
In computing the amount of such gain, there
win be excluded the amount of any gain
which Is exempt from tax under the provi-
sions of section 1202 of the Code, as amended
by section 102 of this bill.
Section 504 — Capital expenditures in de-
veloping fruit or nut groves or vineyards
Present law requires the capitalization of
expenditures Incurred during the develop-
ment stage in planting citrus or almond
groves. This section of the bill extends the
rule of capitalization of expenses Incurred
before the time when the productive stage
Is reached In the case of any other fruit or
nut grove or any vineyard planted after
June 30, 1973.
Section 505 — Repeal of tax exemption for
ships under foreign flag
This section of the bill repeals the pro-
visions of existing law which state that a non-
resident alien or a foreign corporation (even
though 100 percent owned by a U.S. corpora-
tion or an American citizen) Is not taxable
on Income derived within the United States
from the operation of ships documented un-
der the laws of a foreign country which
grants an equivalent exemption to United
States citizens or corporations.
Section 506 — Limitations on foreign tax
credit
The first amendment made by this section
of the bill provides that a foreign tax credit
shall not be allowed for any foreign tax on
Income which Is excluded from the taxpayer's
gross Income so far as the Federal income
tax Is concerned. In addition, any foreign
Income tax paid on a gain realized by an
Individual or domestic corporation which Is
not recognized under the Internal Revenue
Code would likewise be a noncredltable tax.
The basic rationale for this amendment Is
392
United
Is
tax
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wa 1
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prqv
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thi t the foreign tax credit is supposed to
elifiinate double taxation on income. If the
States does not tax the income, there
o reason to give a credit for the foreign
paid on that income by the taxpayer,
second amendment made by this sec-
provides that the foreign tax credit
be subject to both the per country
ion and the overall limitation. This
the applicable rule from 1932 to 1954.
third amendment made by this section
ides two new rules with respect to the
tment of certain gains on the sale of
y for foreign tax credit purposes. The
flr^ rule Is that in computing taxable in-
e for purposes of the per country and
1! limitations, there shall be excluded
gain on the sale of a capital asset, or
y used In a trade or business. If such
Is treated as income from sources out-
the United States unless the gain Is
by a foreign country. Most gains on
is of such property are not taxed by
gn countries and treating such gains as
n Income for purposes of the llmita-
can result in a reduction of the tax
ch the Federal Government collects on
ffcme of the taxpayer from U.S. sources,
"he second rule added by the amendment
is hat for purposes of the limitations the
U.5 - tax (against which credit can be taken)
sli! 11 be reduced by the U.S. tax on any gain
excluded from taxable Income under the
firs c rule described above.
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CONGRESSIONAL RECORD — HOUSE
Januanj 6, 1973
TITLE VI ESTATE TAX AMENDMENTS
tion 601 — Integration of estate tax rate
icith inter vivos gifts
"he main defect of the present estate and
tax system Is that it discriminates In
fa^fcr of those who give away their wealth
1 tly through lifetime gifts and partly at
th. as against those who pass on all their
ilth at death. In part, this is because both
gift tax and estate tax schedules are
prdgresslve. Thus, the man who transfers
(^perty both by gift and at death gets to
t at the bottom of two separate, progres-
? rate structures. In practice, as polnttd
In the 1968 Treasury Studies and Pro-
als. this Is primarily of benefit to the very
"h
us, if a decedent made gifts of $2 mil-
during his lifetime and leaves $3 million
nls death, the rate of tax on the $3 million
with the bottom tax brackets and pro-
res a much smaller tax than would be
uced if the $3 million were "stacked" on
of the $2 million lifetime gifts. The re-
is that wealthy Individuals can sub-
tlally reduce the tax on transfers of prop-
by making substantial gifts during Ufe-
Ir le
"his section of the bill would Integrate
estate tax rate with inter vivos gifts so
t the tax brackets for property trans-
ferted at death are determined by the amount
taxable gifts made during the decedent's
time land after 1972) . Under this amend-
a tentative tax Is first computed on
amount of the taxable estate at death
(Teased by the amount of the taxable life-
gifts (made after 1972) plus the gift
paid by the decedent on those gifts. Then.
;cond tentative estate tax is computed on
amount equal to such gifts plus the gift
es Dald The difference between the two
tative taxes constitutes the estate tax
able on the proj)€rty transferred at the
le of death.
ton 602 — Transfers taking effect at death
llefore the enactment of the 1954 Code, If
:axpayer transfered property to a trust
which provided that the Income should be
ac< umulated during the grantor's life and
upjn his death the trtistee should pay the
corpus and accumulated Income to his chil-
n, such a transfer was Included In the de-
cedent's gross estate as a transfer talcing
effect at death. The 1954 Code provided that
such a transfer will be Included In the gross
estate only if the decedent retained a re-
versionary Interest equal to 5 percent of the
value of the property. This section of the
bUl strikes out the 5-percent reversionary
interest test since It Is completely a non-
sequltur In a statute which Imposes an estate
tax on a lifetime transfer of an Interest which
can be possessed or enjoyed only by surviving
the transferor. This amendment would apply
to transfers made after December 31, 1972.
Section 603 — Life insurance included in gross
estate
F>rior to the 1954 Code, life Insurance on a
decedent's life was Includible In his gross
estate to the extent he paid the premiums on
the policy. In such a case It was immaterial
whether he had given the policy to members
of his family before his death. This section
of the bill restores the premium payment test
In the case of life Insurance, so that the In-
surance will be Included In the Insured's
gross estate In the ratio that the premiums
paid by the decedent on the Insurance policy
bears to all premiums paid on that policy. In
applying this rule the premiums paid by the
decedent before January 1, 1973, shall not be
Included in the numerator of the fraction
but would be included In the denominator.
Section 604-\-Charitable deductions in the
lease of estate tax
The first amendment made by this section
of the bUl places a limitation on the charit-
able deduction for estate tax purposes, similar
to what we have for the income tax. Under
present law, a decendent can give his entire
estate to a private foundation created by his
will, and no Federal estate tax will be Im-
posed. This amendment provides that the
aggregate charitable deduction shall not ex-
ceed 50 percent of the gross estate reduced by
the debts of the decedent and the expenses
of administration.
The second amendment deals with the In-
terplay of the charitable deduction and the
marital deduction for estate tax purposes.
The marital deduction cannot exceed 50 per-
cent of the adjusted gross estate (gross estate
less debts, losses, and expenses of administra-
tion ) . Cases have arisen where executors
have claimed. In order to raise the amount
of the adjusted gross estate for purposes of
the marital deduction, that transfers made to
charities during the decedent's lifetime were
includible in the gross estate. Increasing the
gross estate for such lifetime transfers pro-
duced no estate tax for the charitable deduc-
tion was Increased by the same amount, but
a larger maximum deduction was allowed for
bequests to the surviving spouse. This
amendment provides that In computing the
adjusted gross estate there shall be excluded
any transfer made by the decedent during his
lifetime If an estate tax charitable deduction
Is allowed for that transfer.
TITLE VII — STATE AND LOCAL OBLIGATIONS
Section 701 — Repeal of exemption for in-
terest on new issues of State and local
^bonds
This section of the bill provides that In-
terest on State and local bonds Issued after
December 31, 1973, will not be exempt from
Federal Income taxation. In the case of In-
terest on State and local obligations Issued
before January 1, 1974, such interest will
continue to be exempt from taxation, but
section 501 of the bill provides that such In-
terest will be treated as an Item of tax pref-
erence for purposes of the minimum tax.
Section 702 — United States to pay 50 percent
of interest yield on State and local obliga-
tions
This section provides that the Federal Gov-
err.ment will pay 50 percent of the Interest
yield on State and local obligations Issued
after December 31, 1973. A similar provision
was In the Tax Reform Act of 1969 as It
passed the House. The payment of interest
by the Federal Government will not apply in
the case of any Industrial development bond
(as defined in section 103(c)(2) of the In-
ternal Revenue Code). This section provides
that upon the request of the State or local •
government, the liability of the United
States to pay Interest to the holders of the
bond shall be handled through the ass\imp-
tlon by the United States to pay a separata
set of interest coupons Issued with the bond.
Otherwise, the obligation of the United
States to pay half of the Interest yield will
be made directly to the Issuer of the obliga-
tion.
TABLE l.-FEDERAL INDIVIDUAL INCOME TAX BU'?DEN IN
1973 UNDER PRESENT LAW AND UNDER A PROPOSAL TO
SUBSTITUTE A 24.PERCENT TAX CREDIT FOR THE $750
PERSONAL EXEMPTION AND FOR NONBUSINESS DEDUC-
TIONS'-SINGLE PERSON
Income tax
Adjusted gro$s income '
Under
present
law
Under
the pro-
posal
Assuming nonbusiness deductions of
10 percent of Income:
$2,050'
0
$63
131
138
^ 217
302
491
<»■;
1,107
1,530
2,059
2,703
3,443
4,255
5,895
7,703
11.915
16,415
0
63
131
138
217
302
491
984
1,098
1,458
1,955
2.509
3,094
3,722
5,140
6,730
10,315
14,415
$2,500 .. .
$2,958<
0
$3,000.
$8
103
$3,500
$4,000
138
$5,000 ..
408
$7,500
978
$8.038»
$10,000
1,107
1 550
$12,500
2 145
$15,000
2 860
$17.500
3 680
$20,000
4 570
$25,000
6 410
$30,000
8 490
$40,000
13 25U
$50.000
18 810
Assuming nonbusiness deductions of 18
percent of ncome:
$2,0503
$2,500..
0
0
$2,958«-.-
0
$3,000
8
$3,500
103
$4,000.
198
$5,000
408
$7,500
966
$8.165'
$10,000
1,098
1.478
$12,500
2,055
$15,000
2,692
$17,500
3.404
$20,000.
4.186
$25,000
5,930
$30,000
7,914
$40,000
12,482
$50000
17,850
' These burdens have been computed vvithout use of the op-
tional tax table.
- Wages and salar(es.
3 Highesi level at which there is no tax under present law.
I Highest level at which there is no tax under the proposal.
' Level at wn(ch tax is the same under present I .w and under
the proposal.
TABLE 2. -FEDERAL INDIVIDUAL INCOME TAX BURDEN IN
1973 UNDER PRESENT LAW AND UNDER A PROPOSAL TO
SUBSTITUTE A 24-PERCENT TAX CREDIT FOR THE $750
PERSONAL EXEMPTION AND FOR NONBUSINESS DEDUC-
TIONS'-MARRIED COUPLE WITH NO DEPENDENTS
Income tax
Adjusted gross Income '
Under
present
law
Under
the pro-
posal
Assuming nonbusiness deductions of 10
percent of income:
$2,8003..
$3,000
0
$28
98
170
0
0
$3,500
0
$4,000-.
0
January 6, 1973
CONGRESSIONAL RECORD — HOUSE
393
TABLE 2. FEDERAL INDIVIDUAL INCOME TAX BURDEN IN
1973 UNDER PRESENT LAW AND UNDER A PROPOSAL TO
SUBSTITUTE A 24-PERCENT TAX CREDIT FOR THE $750
PERSONAL EXEMPTION AND FOR NONBUSINESS DEDUC-
TIONS' MARRIED COUPLE WITH NO DEPENDENTS Con
Income tax
TABLE 4 -FEDERAL INDIVIDUAL INCOME TAX BURDEN IN
1973 UNDE" PRESENT LAW UNDER A PROPOSAL TO SUB-
STITUTE A 2"-PERCENT TAX CREDIT FOR THE $750 PER-
SONAL EXEMPTION AND FOR NONBUSINESS DEDUC-
TIONS '-MARRIED COUPLE WITH FOUR DEPENDENTS
Adjusted gross income"
Under Under
present the pro-
law posal
$4,274 «... $211
$5.000 322
$7,500 753
$10,000 1. 190
$12.500 1,628
$14,333! 2.003
$15,000 •- 2.150
$17.500 2.760
$20.000 3.400
$25,000 4,700
$30,000 6,200
$40,000 - 9, 710
$50,000 13,820
Assuming nonbusiness deductions of 18
percent ol inrome:
$2,8003 0
$3.000 28
$3,500 98
$4000... 170
$4.274< :. 211
$5.000 322
$7.500 744
$10.000 - '.,133
$12,500 1,545
$14,773 1,955
$15,000 . . 1,996
$17,500 -- 2.473
$20,000 2.985
$25.000 4,100
$30,000 5,372
$40000 8.387
$50,000. -. .. 11.915
0
$138
613
1,100
1,575
2.003
2.170
2,840
3,540
5.060
6,80C
10, 820
15,500
0
0
0
0
0
138
601
1,028
1,485
1,965
2,002
2,564
3.156
4.580
6.224
10.052
14.540
~| These burdens have been computed without use of the op
tional tax table.
; Wages and salaries
3 Highest level at which there is no tax under present law.
< Highest level at which there is no tax under the proposal.
s Level at which tax is the same under present law and under
the proposal.
TABLE 3,-FEDERAL INDIVIDUAL INCOME TAX BUROEI^ IN
1973 UNDER PRESENT LAW AND UNDER A PROPOSAL TO
SUBSTITUTE A 24-PERCENT TAX CREDIT FOR THE 5750
PERSONAL EXEMPTION AND FOR NONBUSINESS DE-
DUCTIONS'-MARRIED COUPLE WITH 2 DEPENDENTS
Income tax
•
Under Under
present the pro-
Adjusted gross income' law posal
Assuming nonbusiness deductions of 10
percent ot income:
$4,300' 0 0
$5.000 $98 0
$6.168» 270 0
$7,500 484 $253
$10,000 905 740
$12,500 1.309 1,215
$15,000 1,820 1,810
$15,333' 1,893 1,893
$W,500 2,385 2,«80
$20,000 3,010 3,180
$25,000 4,240 4.700
$30,000 5.660 6.140
$40,000 9,080 10.460
$50,000 ...... 13,100 15,140
Assuming nonbusiness deductions ot
18 percent of income:
$4,3003 0 0
$5,000 98 0
$6,168< 270 0
$7 500 476 241
$10,000 848 668
$12,500 1,238 1.125
$15,000 1,666 1,642
$15,909' 1.830 1830
$17,500 2,117 2.204
$20,000 2,610 2.796
$25,000 3,680 4,220
$30,000 4,892 5,864
$40,000 7,807 9,692
$50.000.. - 11.240 14.180
— 1
' These burdens have been computed without use of the op-
tional tax table.
'Wages and salaries.
'Highest level at which there is no tax under oresen( law.
Highest level at which there is no tax under the proposal.
'Level at which tax is the same under present law and under
the proposal.
CXIX 26— Part 1
Income tax
Adjusted gross income >
Under
present
law
Under
the pro-
posal
Assuming nonbusiness deductions of 10
percent of income'
$5,800 3 _ ____
$7 500 ,.-.
$8,055' .•.-.
$10 000..
$12,500
$15,000
$16,167*
$17.500 -
$20.000
$25.000
$30,000
$40,000
$50,000....
Assuming nonbusiness deductions of 18
percent of income:
$5,800'.
$7,500 -
$8,258'..
$10,000...
$12,5CO...
$15,000...
$16,489 ».
$17,500...
$20,000...
$25,000...
$30,000...
$40,000...
$50,000...
0
331
$245
620
1,024
1,490
1,747
2,040
2 635
3,820
5,180
8,465
12, 380
0
238
334
569
953
1.342
1,605
1,787
2,238
3,260
4,412
7.217
10. 565
0
0
0
$380
855
1.450
1,747
2,120
2.820
4,340
6,080
10,100
14, 780
0
0
0
308
765
1,282
1,605
1,844
2,436
3,860
5,504
9,332
13,820
1 These burdens have been computed without use of the op-
tional tax table.
1 Wages and salaries. >~
3 Highest level at which there is no tax under pr»««ht law
• Highest level at which there is no tax under the proposal.
> Level at which tax is the same under present law and under
the proposal.
RECAPTURE DELEGATED POWER
(Mr, GROSS asked and was given per-
mission to extend his remarks at this
point in the Record.)
Mr. GROSS. Mr. Speaker, it has been
a Uttle over 5 years since Congress ab-
dicated one of its chief responsibilities
and handed over to the President the au-
thority to fix the salaries of Members
of Congress, along with the authority
to fix the salaries of Federal judges and
top Cabinet executives.
Four years ago, this House passively
accepted the Executive munificence in-
creasing Members' pay from $30,000 to
$42,500. The time has again rolled
aroimd for the President to exercise the
authority which a pussyfooting Congress
delegated to him. But for those who
might have been expecting another
quadrennial Valentine windfall, the
President's announcement of last Decem-
ber 11 must have come as a jolt. In
completing the appointnients to the
Quadrennial Commission on Executive,
Legislative, and Judicial Pay. the Presi-
dent requested that the Commission sub-
mit its report to him on June 30, 1973.
in compliance with the letter of the law.
Therefore, the recommendations he
makes, based on the Commission report,
will come to the Congress when he sub-
mits the 1975 budget in early 1974.
The 'White House announcement then
explains : .^'^
The salary adjustments. If any, will thus
go into effect in about March 1974, unless
they are disapproved by either House of
Congress.
Mr, Speaker, with this background, I
have introduced two pieces of legislation.
The first would repeal the Quadrennial
Commission on Executive, Legislative,
and Judicial Salaries and return to the
Congress these essential pay-fixing duties
and responsibilities. The other, as a sec-
ond choice, would require a yea-and-nay
vote in each House on the pay recom-
mendations submitted by the President.
I trust there will be congressional ap-
proval of the repealer, Mr. Speaker, but
as an alternative the least the Members
of the House and Senate can do is require
a record vote at such times as the Con-
gress chooses to shirk its responsibility
and accede to having its pay fixed by the
Chief Executive.
ACTION NO'W TO FOREST.\LL AN
ENERGY CRISIS
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from New Hampshire (Mr. Wyman)
is recognized for 20 minutes.
Mr. 'WYMAN. Mr. Speaker, the nat-
ural gas crisis is well known and a fu-
ture crisis in the form of a domestic
crude oil shortage is also acknowledged;
yet, no solution appears in sight. Indus-
try and Government sources agree that
solid fossil fuels offer a firm long-term
answer but the rate of technology devel-
opment in this area is very slow, \vhen
contrasted with the relative urgency of
the problem.
Current domestic natural gas reserves
are equivalent to only 12.5 years at the
estimated 1970 utilization rate of 61 bil-
lion cubic feet per day. This rate is pre-
dicted to rise to a level of 89 billion cubic
feet by 1980. largely because many nat-
ural gas users — residential, commercljil,
industrial, and utilities — cannot be easi-
ly switched to other nonpollutlng fuels.
Placed under strict control by the Fed-
eral Power Commission, gas was priced
attractively in relation to other fuels,
making natural gas choice fuel even be-
fore pollution control regulations greatly
increased the demand for this form of
clean energy.
Few observers believe that price in-
crease or even decontrol of natural gas
will result in ample new gas being found ;
the preponderance of opinion is that this
will not be the case and that, regardless
of selling price, the shortage of natural
gas will continue. 'While some minor re-
lief will be obtained from overseas im-
ports of liquified natural gas — LNG — and
overland imports from Canada and
Alaska, there will still be a large short-
fall. Since, from a pollution control
standpoint, as well as from other con-
siderations involving existing use pat-
terns, natural gas will have a high de-
mand for a long time to come, "syn-
thetic natural gas" — SNG — will have to
be manufactured from other fossil fuels,
such as naphtha, crude oil, or coal. Coal
gasification offers not only an abundant
but also a potentially more economical
source of gas relative to other alterna-
tives down the road, since coal is a far
cheaper fossil fuel than the other feed-
394
stoc! :
stitite
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creating
year
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perc ;nt
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reacy
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Unii ed
where
tic
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I
CONGRESSIONAL RECORD— HOUSE
January 6, 1973
sources of making synthetic — sub-
natural gas.
Consumption of petroleum products in
Jnited States now stands at about 14
on barrels per day — BPD — and is in-
at a rate of 3.5 to 4 percent per
Most of this demand is satisfied
Indigenous crude oil. although 15
of our current crude and other
product requirements are al-
being imported, as administered
the mandatory oil import pro-
-MOIP. Up to very recently, the
States has been in a position
it was well able to fulfill its domes-
■equirements of crude oil from in-
sources. However, we are now
a period of change. Authorities
that the production rate of crude
the 48 States will probably peak
it a level of about 10 million barrels
day and will then slowly decline,
of vigorous continued explora-
efforts. Alaskan oil is expected to
out at about 3 million barrels per
by 1980-85.
^^eanwhile, petroleum products de-
will rise to about 21 million barrels
day by that time. If a significant
of natural gas demand were to
.•itched to liquid fuels — that is. heat-
3ils. low sulfur heavy fuels — crude re-
might even rise to 24 million
per day by 1980. At that point.
40 percent of U.S. crude would have
imported, and this raises some seri-
questions of national policy, particu-
in consideration of the hard line
taken by a number of oil producing
in the Middle East and else-
. Even if we can buy this oil abroad,
foreign payments in 1980 will be in
range of $15 to $20 billion per year
;his imported crude oil, an intolerable
of money.
ydrocarbon products now obtained
crude oil can also be made by con-
of solid fossil fuels, including
e oil, tar sands, and coal. In fact,
iithetic crude" can be made from all
of these materials,
is, therefore, seen that in the case of
natural gas and crude oil, alternate
ces of fuel /energy supply exist. Of
coal is in the forefront, because
large quantities of known reserves,
r availability in many parts of the
and because coal can be con-
into synthetic crude oil and pipe-
quality g^ without the need to han-
large amounts of overburden, as Is
case with shale oil and tar sands,
•ate Industry has so far taken only
rather limited role, as far as financial
icipation in coal conversion develop-
is concerned. The main reasons for
lack of dynamic industry activity in
research effort are :
Hirst, the natural gas and crude short-
have burst upon the country far
e quickly than anyone realized or ex-
beir g
coui itries
whqre.
our
the
for
sun
froii
veriion
sha
"sy
thrte
I
botji
sou
theie
of t|ie
the
couhtry
ver ed
line
die
the
Ftrivs
a
part
me: it
the
thii
age^
mo
pedted
£ econd, the amount of money that will
be nvolved in this technology effort will
rur into the hundreds of millions of dol
lar; and there has been an understand
abl; reluctance for any single company
to 1 mdertake such an effort.
Third, concern regarding possible anti-
trust action has probably kept oil com-
panies from major cooperative research
efforts.
Finally, and perhaps most important-
ly, petroleum companies have always had
a good return on their oil — and gas — ex-
ploration investments, both here and
abroad. Confronted with the option to
spend several hundred million dollars for
oil exploration and production versus
piloting a coal conversion refinery, the
petroleum companies have chosen to
keep on drilling for oil.
It is too late to expect private industry
to pick up the ball and run with it fast
enough to stay in the ball game. P\irther,
it is not yet in a mood to do so. There-
fore, the development of coal conversion
technology will remain, for the time be-
ing at least, a responsibility and now in-
creasingly urgent problem of the Gov-
ernment. The question is, can the U.S.
Government devise a scheme to push de-
velopment work by industry, yet keep the
Government out of the energy field?
Funding for solid fossil fuel conversion
processes should be stepped up several
fold. Working backward from the 1980-
85 period when coal gasification and
liquiflcation plants will be required, we
should determine, based on industry ex-
perience, what level of development ef-
fort is required for the necessary tech-
nology to be there when the country
needs it. We are in somewhat better
shape on coal gasification research than
on coal conversion processes to synthetic
crude oil. The American Gas Association
and the Office of Coal Research of the
Department of the Interior, have teamed
up to speed development of several proc-
esses for making substitute gas from
coal. This is a desirable step but does not
go far enough in the judgment of many
experts because the amount of fimding —
approximately $300 million over 4
years — is judged insufficient, compared to
the magnitude and urgency of the prob-
lem. Furthermore, many people believe
that substitute gas from coal can be
manufactured more economically in a
coal conversion plan designed to make
both substitute natural gas and syn-
thetic crude oil.
What can the U.S. Government do to
assure that the country will be able to
meet its energy needs in the 1980's by
greater utilization of its large supplies of
fossU fuels, such as coal and shale oil?
A massive Government effort to develop
coal conversion processes without large-
scale private industry participation is
undesirable. Even if the Government
were best qualified to develop technology,
there would then be a question of how
this technology would be used. Clearly,
the Government should not be in the
business of making the country's gaso-
line or natural gas.
An alternative merits serious consid-
eration. This would involve the creation
of a Government-sponsored, privately
owned synthetic fuels corporation which
would provide a desirable vehicle to serve
the national interest in this area, while
maintaining a private enterprise ap-
proach. This company's charter would be
to develop the i^eeded technology, to
build an adequate number of demonstra-
tion plants and to manufacture and sell
the synthetic gas and crude oil it manu-
factures, while at the same time making
the technology it has developed available
to other companies on a reasonable roy-
alty-pajing basis.
Creating a privately owned but Gov-
ernment-sponsored company has had a
precedent in Comsat, the Communica-
tions Satellite Corporation.
Comsat was established "as an instru-
ment of U.S. policy" in 1963-64, after
passage of a special act of Congress in
mid-1962. The act states that "the pur-
pose is to be responsible to national ob-
jectives" and "to meet the rapid growth
in demand for international communica-
tions services." Comsat is 42 percent
owned by U.5'.. communications common
carriers, the balance being owned by
private investors. The company raised
$196 million when it went public in
June 1964.
Some interesting aspects and parallels
between Comsat and the proposed Syn-
thetic Hydrocarbon Fuels Corporation —
abbreviated to Syncorp — are:
First, Comsat is privately owned but
included ownership by regulated com-
panies— for example. A.T. & T. It is ex-
pectable that some of the interstate pipe-
lines companies will invest in Syn-
corp.
Second, much Government-joint
R. & D. work — for example, missile and
satellite launching techniques — were
made available to Comsat, at no charge.
Third. Government "sponsorship" is
clearly spelled out, thus giving confidence
to investors.
Fourth, there was a 5 to 6 year gap be-
fore measurable acounts of net income —
other than that from investing the origi-
nal capital — started to fiow to the com-
pany.
Fifth, a comp'etent management team
and board of directors has been respon-
sible for operations of the company.
Comsat appears to operate in a manner
completely analogous to a private com-
pany, except for Its "common carrier"
aspects, which are under the control of
the Federal Communications Commis-
sion.
Sixth, when Comsat went public, it
attracted great attention as a futures
company. This would certainly also be
the case for Syncorp, which should be
able to raise more money than Comsat
in view of the scope of Its charter.
The purpose of the proposed Corpo-
ration would be as follows:
First, to become a channel for U.S.
Government development funds for solid
fossil fuel conversion technology, with
appropriate fund matching by Syncorp.
Government funds would be committed
against an agreed timetable for develop-
ment and would be repaid from royalties.
Second, to develop and commercialize
solid fossil fuel technology, to develop
patent rights and know-how, and to, ob-
tain royalty income from the licensing of
this technology to interested companies.
Third, to build a number of demon-
stration plants to make coal gas and syn-
Januarij 6, 1973
CONGRESSIONAL RECORD — HOUSE
395
thetic crude oil and to manufacture and
sell the products. Syncorp would become
and remain a viable entity as a producer
of energy products for the U.S. market.
I am today, therefore introducing a bill
to create a Government-chartered Cor-
poration with Federal participation to
develop commercially feasible processes
for the conversion of coal to oil and gas
and a resolution authorizing the Office of
Emergency Preparedness to contract for
the execution of a study to determine the
feasibility of creating a Synthetic Hy-
drocarbon Fuels Corporation as proposed
In my bill.
The provisions of these two measures
are as follows :
H.R. 220
A bill to create a corporation for profit to
develop commercially feasible processes for
the conversion of coal to crude oil and
other liquid and gaseous hydrocarbons,
and for other purposes
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled,
TITLE I— GENERAL PROVISIONS
Section 101. This Act may be cited as the
"Synthetic Hydrocarbon Fuel Act of 1973".
DECLARATION OP POLICT AND PURPOSE
Sec. 102. The Congress hereby declares
that—
(1) it is the policy of the tTnlted States to
develop as expeditiously as practicable com-
mercially feasible processes for the conver-
sion of coal to crude oil and other liquid and
gaseous hydrocarbons In response to the pub-
lic need for an. adequate supply of energ>' and
in keeping with the national objective of
developing domestic sources of energy to the
maximum extent practicable;
(2) any new processes so developed are to
be made available as soon as possible;
(3) In order to facilitate this development
and to provide for the widest possible par-
ticipation by private enterprise, the partici-
pation of the United States in the develop-
ment of coal conversion technology should
be In the form of a private corporation, sub-
ject to appropriate governmental regulation;
(4) it is the Intent of Congress that all au-
thorized users have open access to technology
developed;
(5) maximum competition be maintained
in the provision of equipment and services
used in developing the technology; and
(6) the Corporation be so organized and
operated as to maintain and strengthen
competition in the provision of energy to
the public.
DEFINmON
Sec. 103. As used in this Act, the term "Cor-
poration" means the Corporation created un-
der this Act.
TITLE II— FEDERAL COORDINATION,
PLANNING, AND REGULATION
implementation of policy
Sec. 201. In order to achieve the objectives
and to carry out the purjxjse of this Act —
(a) the President shall —
(1) aid In the planning and development
and foster the execution of a national pro-
gram for the development, as expeditiously
as possible, of commercially feasible processes
for the conversion of coal to crude oil and
other liquid and gaseous hydrocarbons;
(2) provide for continuous review of all
phases of the development of such processes.
Including the activities of a synthetic hydro-
carbon fuel corporation authorized under
title III of this Act;
(3) coordinate the activities <5f-^ovem-
mental agencies with responsibilities In the
field of energy conversion, so as to Insure
that there is full and effective compliance at
all times with the policies set forth In this
Act; and
(4) take all necessary steps to reduce de-
pendence on foreign sources of fuel following
the development of an economically feasible
coal conversion process.
(b) the Office of Coal Research shall —
( 1 ) cooperate with the Corporation In re-
search and development to the extent deemed
appropriate by the Director in the public
interest;
( 2 ) assist the Corporation In the conduct of
its research and development by furnishing
the Corporation, when requested on a reln-
bursable h&sis. such facilities as the Director
deems necessary for the most expeditious and
economical development of a coal conversion
process; and
(3) to the extent feasible, furnish other
services to the Corporation In connection
with the development of a coal conversion
process.
(c) The Federal Power Commission shall
have authority to make such Investigations
of the Corporation as are ne'essary for the
performance of such Commission's duties un-
der section 404(c) .
TITLE III— CREATION OF A SYNTHETIC
HYDROCARBON FUEL CORPORATION
CREATION OF CORPORATION
Sec. 301. There is hereby authorized to
be created a Synthetic Hydrocarbon Fuel Cor-
poration for profit which will not be an
agency or establishment of the United States
Government. The Corporation shall be sub-
ject to the provisions of this Act and, to
the extent consistent with this Act, to the
District of Columbia Business Corporation
Act. The right to repeal, alter, or amend this
Act at any time is expressly reserved.
PROCESS OF ORGANIZATION
Sec. 302. The President of the United
States shall appoint incorporators, by and
with the advice and consent of the Senate,
who shall serve as the initial Board of Di-
rectors until the first annual meeting of
stockholders or until their successors are
elected and qualified. Such Incorporators
shall arrange for an initial stock offering
and take whatever other actions are neces-
sary to establish the Corporation, including
the filing of articles of Incorporation, as ap-
proved by the President.
DIRECTORS AND OFFICERS
Sec. 303. (a) The Corporation shall have
a board of directors consisting of Individuals
who are citizens of the United States, of
whom one shall be elected annually by the
Board to serve as Chairman. Three members
of the Board shall be appointed by the Pres-
ident of the United States, by and with the
advice and consent of the Senate, effective
the date on which the other members are
elected, and for terms of three years or
until their successors have been appointed
and qualified, except that the first three
members of the Board so appointed shall
continue in office for terms of one. two. and
three years, respectively, and any member so
appointed to fill a vacancy shall be appointed
only for the unexpired term of the Director
whom he succeeds. The Director of the Office
of Coal Research shall be a member of the
Board, serving without compensation. Nine
members of the Board shall be elected an-
nually by the stockholders of the Corporation.
The "articles of Incorporation to be filed by
the incorporators designated under section
302 shall provide for cumulative voting un-
der section 27(d) of the District of Columbia
Business Corporation Act (D.C. Code, sec. 29-
911(d)).
(b) The Corporation shall have a president,
and such other officers as may be named and
appointed by the Board, at rates of compen-
sation fixed by the Board, and serving at the
pleasure of the Board. No individual other
tljan a citizen of the United States may be
an officer of the Corporation. Except for the
Director of the Office of Coal Research, no
officer of the Corporation shall receive any
salary from any source other than the Cor-
poration during the period of his employ-
ment by the Corporation.
FINANCING OF THE CORPORATION
Sec 204. (a) The Corporation is authorized
to issue and have outstanding. In such
amounts as It shall determine, shares of cap-
ital stock, without par value, which shall
carry voting rights and be eligible for divi-
dends. The shares of such stock initially
offered shall be sold at a price not In excess
of SlOO for each share and In a manner to
encourage the widest distribution to the
American public.
(b) The Corporation is authorized to issue,
in addition to the stock authorized by sub-
section (a) of this section, nonvoting se-
curities, bond^ debentures, and other certifi-
cates of Indebtedness as it may determine.
(c) The requirement of section 45(b) of
the District of Columbia Business Corpora-
tion Act (DC. Code, sec. 29-920(b)) as to
the percentage of stock which a stockholder
must hold In order to have the rights of
inspection and copying set forth in that sub-
section shall not be applicable in the case
of holders of the stock of the Corporation,
and they may exercise such rights without
regard to the percentage of stock they hold.
(d)(1) The Secretary of the Treasury is
authorized to purchase from time to lime and
hold for the United States, up to 40 per cen-
tum of the current outstanding stock of the
Corporation, and the Secretary of the In-
terior, or his delegate, shall represent the
Interests of the United States at all corpo-
rate meetings, and exercise all voting rights
which shall accrue to the United States, by
reason of Its ownership of stock or otherwise,
with respect to the Corporation.
(2) At such time as the Corporation shall
have developed and licensed a commercial
process or processes for the conversion of
coal to oil and or natural gas. the Interest
of the United States acquired pursuant to
the authority conferred by subsection ( 1 )
of this section, shall be retired by the pay-
ment to the Secretary of the Treasury of
40 per centum of the proceeds from such
royalties until the investment of the United
States In the Corporation shall have been
returned In full.
PURPOSES AND POWERS OF THE CORPORATIOlf
Sec. 305. (a) In ordrf to achieve the ob-
jectives and to carry out the purposes of thi«
Act, the corporation is authorized to —
(1) plan, initiate, construct, own, manage,
and operate facilities to demonstrate feasi-
ble coal conversion processes.
(2) furnish, under an appropriate fran-
chise system, processes for the conversion of
coal to crude oil and other liquid and gaseoui
hydrocarbons.
(b) The activities authorized to be en-
gaged in by the corporation for the accom*
plishment of the purposes Indicated In sub-
section (a) of this section shall Inchide —
(1) conducting or contracting for research
and development related to its mission:
(2) the acquisition of the physical facili-
ties, equipment, and devices necessary to Its
operations, whether by construction, pur-
chase, or gift; and
(3) entering Into franchise agreements
with fuel producers.
(c) To Carry out Its purposes, the corpora-
tion shall have the usvial powers conferred
upon a stock corporation by the District of
Columbia Business Corporation Act.
TITLE IV— MISCELLANEOUS
NOTICE OF FOREIGN BUSINESS NEGOTIATIONS
Sec. 401. Whenever the corporation shall
enter into business negotiations with respect
to facilities, operations, or services authorized
by this Act with any international or for-
396
CONGRESSIONAL RECORD — HOUSE
January 6, 1973
ei ;n entity. It shall notify the Department of
SI ate of the negotiations, and the Depart-
m»nt of State shall advise the corporation
ol relevant foreign policy considerations.
T iroughout such negotiations the corpora-
tl3n shall keep the Department of State In-
fcrmed with respect to such considerations.
T le corporation may request the Department
ol State to assist in the negotiations, and that
Department shall render such assistance as
rr ay be appropriate.
SANCTIONS
Sec. 402. (a) If the corporation created
p :rsi;ant to this Ac: shall engage in or ad-
here to any action, practices, or policies in-
c( nsLstent with the policy and purposes de-
clired in section 102 of this Act, or if the
c( rporatlon or any other person shall violate
any provision of this Act, or shall obstruct
01 interfere v.lth any activities authorized by
tills Act. or shall refuse, fall, or neglect to
d icharge his duties and responsibilities un-
ci :r this Act. or shall threaten any such vlo-
l£tlon. obstruction. Interference, refusal.
f< Uure. or neglect, the dUtrlct court of the
U;ilted States for any district In which such
c irporation or other person resides or may
b: found shall have jurisdiction, except as
o her-.vlse prohibited by law. upon petition of
t le Attorney General of the United States, to
g ant such equitable relief as may be neces-
si .ry or appropriate to prevent or terminate
s ich conduct or threat.
lb) .Votnlng contained in this section shall
b; construed as relieving any person of any
punishment, liability, or sanction which may
ta; imposed otherwise than under this Act.
I CI It shall be the duty of the corporation
t ) comply, insofar as applicable, with all pro-
vislons of this Act and all rules and regula-
t on> promulgated thereunder.
ANTITRUST
Sec. 403. Participation In the corporation.
V hether by contract or investment shall not
t e construed to constitute a violation of
I ederal antitrust laws.
REPORTS TO THE CONGRESS
Sec. 404. (a) The President shall transmit
1 5 the Congress In January of each year a
r;port which shall Include a comprehensive
c escrlption of the activities and accompllsh-
rients during the preceding calendar year
I nder the national program referred to in
s sctlon 2011 a) (1), together with an evalua-
t on of such activities and accomplishments
I I terms of the attainment of the objectives
c f this Act and any recommendations for
sdditlonal legislative or other action which
• he President may consider necersary or de-
.slrable for the attainment of such objectives.
ibi The corporation shall tr.msmit to the
! resident and tht Congress, annually and
e t such other times as it deems desirable.
: comprehensive and detailed report of Its
c peratlons. activities, and accomplishments
\ nder this Act.
I c I The Federal Power Commission shall
transmit to the Congress, annually and at
■ uch other times, as It deems desirable —
111 a report of its activities and actions
( n anticompetitive practices as they apply
■ o the corporations programs;
(2i an evaluation of such activities and
! ctlons taken by it within the scope of Its
: uthority with a view to recommending such
i dditional legislation which such Commls-
■ ion may consider necessary in the public
1 nterest; and
I 3 » an evaluation of the capital structure
( f the corporation so as to assure the Con-
i :re\s that such structure is consistent with
he K^pst efficient and economical operation
of the/;orporatlon.
H.J. Res. 124
, olnt resolution authorizing a study of
whether to create a corporation for profit
to develop commercially feasible processes
for the conversion of coal to crude oil and
other liquid and gaseous hydrocarbons
Resolved by the Senate and House of Rep-
resentatives of the United States of America
171 Congress assembled, That the Office of
Emergency Preparedness is authorized and
directed to contract for and supervise the
making of a study concerning the need for
the formation of a Synthetic Hydrocarbon
Fuel Corporation (SYNCORP) to develop
commercially feasible processes for the con-
version of coal to crude oil and other liquid
and gaseous hydrocarbons. The Office of
Emergency Preparedness is directed to re-
port the results of such study to the Con-
gress within one year from the date of the
enactment of this resolution.
Sec. 2. There Is authorized to be appropri-
ated the sum of $200,000, for the purposes
of this Act.
INTRODUCTION OP COMPREHEN-
SIVE PACKAGE OF FIRE PRE-
VENTION AND SAFETY LEGISLA-
TION
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from Connecticut <Mr. Steele* is
recognized for 10 minutes.
Mr. STEELE. Mr. Speaker, today I am
introducing a comprehensive package of
fire prevention and safety legislation.
When this series of nine bills was first
submitted for consideration in the 92d
Congress I was gratified that over 60
Members of Congress joined me in
bipartisan support of this legislative
program.
The two recent fires in New Orleans
and Atlanta tragically reflect the fright-
ening consequences and destructive na-
ture of fire. Unfortunately though, those
fires were only two of the over 6,600
fires that occur each day taking the lives
of more than 12,000 men, women, and
children and causing an estimated $3 bil-
lion worth of property damage annually.
Our country has falsely become secure
in feeling that we live and work in fire-
proof buildings, but as was the case in
New Orleans and Atlanta helpless indi-
viduals painfully discovered that such
buildings were more escapeproof than
fireproof. Similar tragedies will be more
frequent in the future, because of the
rapid construction of high- rise buildings
and continued use of flammable and
toxic .^^la»fics and other manmade s>n-
theMc products within such structures.
Thee is an urgent need for Congress
to ♦ake rositive and immediate action
providing a national focus on our coun-
try's grave fire problem so we may reduce
and reverse the mounting death and
property losses.
Last year the first vital step was taken
by Chairman John Davis and the other
members of the Subcommittee on .Sci-
ence, Research, and Development by con-
ducting 2 davs of oversight hearings.
To more clearly portray the fire prob-
lem I am entering into the Record my
testimony before the committee, and
thereby, reiterate the need for positive
and immediate congressional action:
Testimony of Representative Robert H.
Steele
Mr. Chairman and members of the com-
mittee, I appreciate this opportunity to re-
view and discuss legislative alternatives tx)
this country's growing fire problem.
I would like to begin by presenting an
overview of what we mean by the "fire
problem."
When we compare statistics with other
countries, the United States has the highest
per capita property losses In the world. Addi-
tionally, our death rate Is twice that of
Canada, more than three times that of the
Scandinavian countries, and four times that
of Japan and England.
The immensity of these statistics is even
clearer when we talk of death and injury.
Fires killed approximately 12,200 people in
the United States In 1971 and more than half
of these individuals died In their homes. It
Is unconscionable that in a society where we
place the highest of values on human life,
more than 12.000 have perished during each
of the last six years. For every death recorded
there were an estimated 40 persons burned.
There is no dollar figure that can be placed
on lives and injuries because the value of a
single human life cannot be msasured by
money. But In terms of dollars, property
destroyed by fire during the past year totalled
S2,845 billion, an Increase of $215 million over
1970. Fire losses this year are expected to top
S3 billion.
Some fire research experts have estimated
that the dollar cost to the nation in fire losses
including deaths, injuries, man-hours lost,
property damage and the increasing cost of
fire protection equals about 8 billion dollars
or close to 1 7, of our Gross National Product.
Those dollar amounts are easily attainable
when every day more than 6.600 fires occur,
and you consider that today's structures are
more complex and costly than ever.
Correspondingly, we ask most of our na-
tion's 2.175.000 firefighters from 40.000 de-
partments to combat the Immense and In-
creasing fire problems with turnout coats
which won't meet the fiammabllity test for
children's sleepwear. Furthermore, we liave
furnished the firefighter with equipment
designed decades ago, and have not provided
them with sufficient funds for training and
educational programs. Yet, we ask our fire-
fighters to engage in our nation's most dan-
gerous profession.
If the facts were known, few American citi-
zens would encourage their children in the
childhood fantasy of planning to be a fire-
fighter. The work of fireflghting has been
described as the "toughest, dirtiest, most
brutalizing, and most debilitating work there
is." To this description we can add the words,
most dangerous. I ast year 210 firefighters died
In the line of duty. During the 10 year pe-
riod 1960-70. 790 firefighters died— 83 more
than policemen killed In the line of duty.
The number of Injuries sustained Is literally
uncountable. In New York City alone more
than 38.000 firefighters were injured or
burned in 1970.
The dedication and raw courage of Amer-
ica's firefighters is a matter of record. It is
imperative that their eff^orts and problems
"Be formally recognized by a national effort
pledged to giving them the help they need
and deserve. In this way we wovild be help-
ing an estimated 2.000,000 volunteer fire-
fighters and 175.000 paid firefighters as well
as every citizen of this nation.
Some areas of federal input are obvious.
For instance, there are only two colleges In
the country ofl'erlng a four year course In
fire protection engineering and last year a
total of only 12 men were graduated with
degrees in this science.
It's time that we had a national firefightlng
academy and more courses in fireflghting
techniques In community colleges and other
schools which firefighters could attend at no
cost to themselves. This administration has
worked vigorously toward a goal of expert
law enforcement protection from our police
departments by giving police officers an op-
portunity to attend various types of courses
and schools like the new FBI training fa-
Januarij 6, 1973
CONGRESSIONAL RECORD — HOUSE
397
cllity. Now, we must extend this type of effort
to our firefighters.
•^ With the construction of complex manu-
facturing plants, hlghrlse buildings and
thousands of new products which incorpo-
rate dangerous materials, the threat of fire
has intensified, while the public generally
has been led to believe that we work and live
in safe, modern structures and that our so-
ciety is doing all it can to reduce the toll
of fire. We must work to reverse this trend.
I have used the words "fire problem" in
my opening remarks without attempting
to define what In my mind Is one of the most
neglected social problems facing this coun-
try. Exactly then, what Is the "fire problem"?
First, we must take a comprehensive ap-
proach to permit us fully to grasp the com-
plex and intricate relationships which col-
lectively constitute the fire problem. A fire
in a hypothetical hlghrlse building, combin-
ing the worst of typical fire hazards, would
serve as a good example. Let us say thai a
small waste can Is the source of a fire on the
thirtieth floor of such a building. In this
building, there are no automatic alarm de-
vices to warn people or alert the fire depart-
ment of the occurrence of fire. The fire has
begun to grow quickly feeding on furniture
and rug underlays which contain highly
flammable toxic materials and dense smoke
is now filling the corridor and being vented
by the air conditioning ducts, utility cable
conduits, and elevator shafts. These flues
spread murderous fumes throughout the en-
tire structure. The fire department arrives.
With ladders too short to reach the fire-
involved fioor, tlie firefighters must combat
the blaze from within, exposing themselves
to temperatures reaching 1500-2000 degrees
P., blinded by the dense, toxic smoke and
having to battle the thousands of Individuals
trjing to exit.
The elevators in this particular building
rise to the thirtieth fioor when flames activate
the electronic touch-tj-pe call buttons and
remain locked there as the opaque smoke
makes the automatic closing devices inoper-
able, thus entrapping men. women, and chil-
dren in a blazing inferno and hindering the
firefighter trying desperately, but in vain,
to reach the fioor.
As the occupants futllely try to vent the
rooms by knocking out the large fixed win-
dows, their would-be rescuers must -turn
back as the turnout coats can no longer
shield them from the Intense heat gener-
ated by the fire, and their antiquated, heavy,
and awkward breathing systems have run
low on the 15-20 minutes of air they supplv.
The number of deaths, the number of peo-
ple injured, maimed and disfigured for life,
the number of firefighters hospitalized be-
cause of smoke Inhalation, the number of
lost work days could clearly be of tragic
proportions.
Even though this is a hypothetical ex-
ample designed to dramatize the various
fire hazards we face today, such a fire situa-
tion could develop in any one of scores of
American cities today. Tlie facts, statistics,
and the many conversations that I and my
staff have had with practitioners and fire
research experts clearly indicates to me that
the occurrence of fire, and the resulting loss
of life and property is. today, greater than
It has ever been In our country's history.
To me It Is incredible to think that 30
people will die by fire by the end of this
day and another thousand will be burned or
Injured. It is incredible because the Federal
government has really not recofrnlzed that
fire is costing as much each year as crime.
The purpose of my legislation is to rec-
ognize that there needs to be a national
focus on fire and a continuing effort In fire
research, prevention, suppression and pro-
tection. All of the resources of Federal agen-
cies In planning, purchasing, building, and
regulating must be used in this effort.
As the House committee that has nur-
tured the development of NASA, I think that
you can understand the results of a coordi-
nated effort towards a goal more than any
other public official.
In fact many innovations and technolog-
ical breakthroughs have been used by the
National Aeronautics and Space Administra-
tion In producing a wide variety of practical
solutions tD serious fire problems. NASA, for
l.nstance, has designed a firefighter's suit us-
ing materials that are commercially available
to present manufacturers of the suits. The
NASA coat can withstand a 1.500 degree
flame directly applied to it and still give
adequate protection to the wearer.
NASA has also prepared certain varieties of
polyurethane foam which are nearly flame
resistant and fireproof. Research experts from
NASA have told me that for $10 the average
living room sofa or mattress could be com-
pletely treated for flame resistance. Treat-
ments and materials are also commercially
available to produce flame resistant wool
carpeting, cotton clothing, and a wide vari-
ety of materials to be used for home furnish-
ings and clothing.
Unfortunately, I have learned that many
of these programs are In great Jeopardy at
NASA because of budget and priority restric-
tions. I would urge the committee to make
an immediate evaluation of the firesult de-
velopment and breathing apparatus program
or they will never be manufactured for fire-
fighters.
In conclusion, I would say that most fires
are not an act of God such as a hurricane
or tornado. Fires are caused and can be pre-
vented bv man.
IMPROVING SERVICES FOR THE
ELDERLY
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from Minnesota (Mr. Quie) is rec-
ognized for 15 minutes,
Mr. QUIE. Mr. Speaker, I am today
introducing the "Comprehensive Older
Americans Services Amendments of
1973" which is designed to carry out rec-
ommendations of the President last year
for improving and coordinating services
under the Older Americans Act of 1965.
This bill would also upgrade the status
of the Administration on Aging within
the Department of Health, Education,
and Welfare and add a number of new
programs for which extensive hearings
of our Committee on Education and La-
bor last year indicated a need. Joining
me as cosponsor of the bill is my col-
league. Orval Hansen, who played a
leading role in shaping last year's legis-
lation for the aged.
The bill I am introducing is identical
to H.R. 15657 which was reported by our
committee last June and passed by tlie
House under a suspension of the rules on
July 17, 1972, by a vote of 351 to 3. It is
my judgment that this bill could have be-
come law. The House-passed bill would
have carried out not only the President's
recommendations for improving services
for the elderly, but also key proposals of
the White House Conference on the Ag-
ing for a frontal attack on some of the
perplexing problems confronting older
citizens, such as special needs in housing,
transportation, and education. It is an
excellent bill which was worked out on a
thoroughly bipartisan basis in our com-
mittee.
Unfortunately, however, the confer-
ence committee made some inadvisable
changes in the bill so overwhelmingly
approved by the House. They added two
programs of manpower training and
public service employment to the House
bill which I felt were wholly inappro-
priate to it as well as mistaken in sub-
stance. These and other changes resulted
in authorization figures which totaled
$496 million more over 3 years than the
amount approved by the House.
For both these reasons — the inclusion
of additional categorical manpower pro-
grams which would have further compli-
cated our already overcate-'orized and
overcentralized manpower training ef-
fort, and the addition of spending au-
thorizations which were beyond any sum
we could hope to see budgeted or appro-
priated— President Nixon on October 30,
1972. disapproved the bill. While I sup-
ported the conference report on the bill.
I pointed out the objections to tHese
changes from the House bill during the
debate on adoption of the conference
report.
The bill being introduced today, con-
sidered by the House last year, embodies
the main thmst of the administration's
recommendations that State and area
services for the elderly authorized under
the Older Americans Act be coordinated
in an improved planning and delivei-j-
system at State and local levels. It also
embodies the major findings of our com-
mittee that there is a much greater need
for informational services at all levels
than now exists, and that we need great-
er national leadership in research in the
social and economic problems of the ag-
ing. There is also an expansion of vol-
unteer programs — such as the highly
successful foster grandparents program.
Therefore, I believe that this bill pro-
vides the most assured route to the goal
sought by both the President and the
Congress — improvement of services for
the elderly under the Older Americans.
Act and improvements in the effective-
ness of Government at all levels in help-
ing to solve the problems of older citi-
zens.
COMPREHENSIVE AMENDMENTS TO
OLDER AMERICANS ACT
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from Idaho 'Mr. Hansen" is rec-
ognized for 15 minutes.
Mr. HANSEN of Idaho. Mr. Speaker.
I am pleased on this first day of the 93d
Congress to join with the ranking minor-
ity member of the Committee on Educa-
tion and Labor. Mr. Quie, in reintroduc-
ing comprehensive amendments to the
Older Americans Act which the House
overwhelmingly approved last July.
The bill we approved in the 92d Con-
gress—H.R. 15657— was in my judgment
a well-constructed and well-considered
measure for improving a wide range of
services for older Americans and for ini-
tiating others. As with most legislation,
it represented compromise between some
differing viewpoints— but in many in-
stances the compromises strengthened
the bill. It was initiated by the admin-
istration and embodied its recommenda-
tions for more extensive and better co-
398
CONGRESSIONAL RECORD— HOUSE
January 6, 1973
jrdinated services for the elderly at the
State and local levels. At the same time,
t contained many recommendations
nade to our committee during very
thorough hearings in Washington and
n the field and represented the insights
gained by Members on both sides of the
lisle during the course of its considera-
;ion. As approved by the House, H.R.
15657 was an excellent bill
Unfortunately, in the course of the
onference with the other body we ac-
:epted changes which were not accept-
able to the President. Mainly, these were
:wo new categorical manpower programs
to be administered by the Department of
Labor and an accompanying huge in-
crease— nearly a half of a billion dol-
lars— in authorizations. The President
disapproved the bill.
I supported the conference report on
that bill, although I was not happy with
the addition of manpower programs
which I thought should have been con-
sidered as a part of manpower legisla-^
tion. I have no assurance that the Presi-'
dent would have signed the House-passed"
bill which, admittedly, contained pro-'
gram and appropriations authorizations
ivhiclHtie had not requested, but I sin-
:erely believe that he would have done
;o. In any event, it is clear th'iit the
President will not approve the bill we
finally sent to him. Accordingly I feel
that our best course of action is to go
back to a bill whose provisions were over-
whelmingly approved by the House and
which does not contain the authoriza-
tions specifically singled out by the presi-
dent as objectionable.
I also feel that this course is the best
In terms of the substance of the legisla-
tion. Our main objective was to rew-rite
the Older Americans Act to make it a
more effective instrument to serve older
Americans. The manpower authoriza-
tions had the effect of departing from
this objective to further burden man-
power training programs with highly
categorical legislation designed for spe-
cific age groups. This nms completely
counter to the President's recommenda-
tions— and to those of virtually every au-
thority on manpower training — that our
manpower programs should be decate-
gorized to mak? them more flexible in
application and more responsive to ac-
tual and changing needs. Even if the
categorical programs have more merit in
them than I can see, they nevertheless
should be included in manpower legisla-
tion. They were not appropriate to this
bill.
I am confident that if our committee
will again approve the bill we have today
introduced, and if the House will approve
it and insist upon its major provisions,
we can speedily enact this legislation.
We should proceed along these lines.
As Mr. QuiE has pointed out, this legis-
lation has been so completely considered
that it needs no great elaboration at this
point. It would establish a mechanism
or comprehensive State and area plan-
ning to meet the needs of the elderly and
to coordinate programs for them, includ-
ing the very important nutritional pro-
gram. It would improve information
services at all levels, and particularly
for older people in their own communi-
ties. This is critically important if elderly
people are to have the full advantage of
these programs. There would also be a
special emphasis on the needs of the el-
derly in isolated rural areas, which are
especially critical.
At the Federal level this bill would not
only significantly upgrade the policy-
making function of the Administration
on Aging — an important recommenda-
tion of the White House Conference on
Aging and a major objective of our sub-
committee chairman, John Brademas,
who guided this legislation — but it would
also give the Federal Government im-
portant new tools in attacking the prob-
lems of the aging.
. For the first time there would be es-
tablished Multidisciplinary Centers of
Gerontology to study the social, eco-
nomic, educational and recreational
needs of older persons, bringing together
findings of the biological, behavioral, and
social sciences in a combined effort to
improve the lives of the elderly. The Ad-
ministration on Aging would be armed
with new authority to work with other
agencies of Government and bring to
their attention the special needs and
concerns of older persons in major Fed-
eral programs such as housing and
transportation. The AOA would also have
new authority to conduct research and
demonstration projects and to fund pilot
programs testing out new ideas. There
would be a renewed emphasis on volun-
teer activities which have been demon-
strated to be critically important to the
success of programs in local communi-
ties, which is the final test of their im-
pact.
Accordingly Mr. Speaker, I urge swift
action on the bill we are introducing to-
day in the interest of 20 million older
Americans who badly need and have
fully earned all of the help we can give
them.
VEYSEY INTRODUCES LEGISLATION
TO CUT AUTO EMISSIONS— ASKS
CONGRESS FOR MAJOR NEW AT-
TACK ON AIR POLLUTION
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from California <Mr. Veysey) is
recognized for 10 minutes.
Mr. VEYSEY. Mr. Speaker, in the in-
terest of perpetuating the best qualities
of life as we know it, not only for gen-
erations to come but for the immediate
future, it is imperative that this 93d Con-
gress embark on a new dimension in the
Nation's battle against air pollution.
It is imperative that we abandon im-
mediately, our patchwork, scrambling,
and often purely arbitrary approach to
ending pollution and eiuttflrk instead on
a comprehensive, coordinated, and co-
hesive program to end smog on a nation-
wide scale.
. In the process, it is imperative that we
reexamine many of those priorities which
we now embrace, as well as every step we
have taken in our often frantic and con-
fused search for ways to cut down on air
pollution.
Mr. Speaker, I see at least four neces-
sary components of such a comprehen-
sive antismog program.
First, we currently possess the know-
how and the capacity to make significant
immediate smog reductions. These tools
must be taken off the shelf and put to
work.
Second, we must earmark massive
doses of Federal revenue for smog con-
trol, maintaining however, the option for
local control of how the money is spent
to meet the unique local needs which
exist in virtually every smog-choked part
of the country.
Third, we must update our emission
standards and our pollution level stand-
ards with reliable data on health effect.
The health effect factor must become the
determining factor in setting such stand-
ards. Until now we have not only failed to
base our control legislation on health
effects — we have failed to develop reliable
health effect data. The development and
utilization of reliable information in this
area is paramount.
Finally, we must underlay our entire
antismog thrust with a foundation of co-
operation rather than adversity among
all parties concerned with and involved
in the fight against smog. Specifically,
science, industry. Government, and the
public interest groups must stop brawl-
ing with each other and set their sights
on mutually agreed goals. Through co-
operation and communication they must
end their arbitrarily assumed roles as ad-
versaries, and become partners. Our
health depends upon the development of
that kind of relationship.
Today, I am introducing legislation
which is the result of just that kind of
cooperation. When implemented, it will
set the stage for a major immediate re-
duction into auto emissions, by making
it economical and practical for automo-
bile manufacturers to produce vehicles
which can use low-polluting fuels. Fur-
ther, it will make it economical and prac-
tical for consumers to buy and use such
vehicles.
My legislation would immediately re-
duce the cost of burning liquid petroleum
gas and liquid natural gas by 4 cents per
gallon, simply by eliminating the inequi-
table 4 cent Federal tax on each gallon
used in automobiles.
My legislation is the result of a con-
sensus among leaders of science, industry,
government, and public interests — the
first example of this kind of agreement
that I have seen. Science tells us that the
use of low pollution fuels in fleets alone
would immediately reduce smog in the
Los Angeles Basin by 10 percent.
The automobile industry tells us that
it can produce cars equipped to bum
low-polluting fuels at a cost only slightly
higher than conventional systems.
Consumer oriented and public interest
groups tell us that people are ready to
buy and use low polluting fuel systems^
even if they cost a little more.
And automotive engineers have proven
that the use of low polluting fuels can
reduce wear on an engine sufficiently to
more than pay for the fuel system.
This legislation will create an imme-
diate incentive for consumers to buy cars
with low pollution fuel systems— the
January 6, 1973
CONGRESSIONAL RECORD— HOUSE
399
4 cent saving per gallon of fuel. It thus
would create also, an immediate incentive
for automakers to produce such vehicles,
and for gasoline companies to supply such
fuels.
It is a commonsense effort to effect a
maximum immediate reduction of smog
emissions, and it will have a profound
effect in those areas where smog is the
most severe — such as the Los Angeles
Basin, and in particular. Riverside
County, in my 43d Congressional District
of California.
CHICAGO ROSE BOWL FLOAT REP-
RESENTS ETHNIC TRADITION OF
THE MIDWEST
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from Illinois (Mr. Annunzioi is
recognized for 5 minutes.
Mr. ANNUNZIO^ Mr. Speaker, New
Year's Day, 1973, ^as a first for the city
of Chicago and the "Big Ten" country
of the Midwest. WGN Continental
Broadcasting Co. participated in the 84th
annual Tournament of Roses Parade In
Pasadena, Calif. — the first time ever for
a Chicago area firm. The WGN float was
also the only one from more than 6,700
radio and TV stations in the Nation. The
credit for this great Chicago first must
go to Ward L. Quaal, the hard-working
and innovative president of WGN. I
salute him for this achievement.
WGN is located in the 11th Congres-
sional District which I am so proud to
represent. Four hundred and seventy-
five thousand people reside in the 11th
District and of these 280,000 are regis-
tered voters — one of the largest voting
districts in the entire United States.
The WGN fioat theme "It's a Big
Country" was highly appropriate not
only bcause the 11th is a big district, but
also because it symbolizes so well the
energy and resourcefulness of the great
ethnic groups that have made America
and the "Big Ten" midwestem region
great. Polish-Americans, German-Amer-
icans, Italian-Americans, Jewish-Amer-
icans, Irish-Americans, Greek-Ameri-
cans, and Scandinavian-Americans, as
well as all those Americans who trace
their heritage to the captive nations and
to Latin America, have worked hard and
have all contributed to the economic
vitality and cultural richness of the Mid-
west.
Chicago itself is the third largest fi-
nancial district in the world and Illinois
is known both for its agriculture and
industry. Indiana, Ohio, and Michigan
are great industrial centers, and Iowa,
Minnesota, and Wisconsin are famous
for their agricultural vitality. The Mid-
west is the heart and pulse of America
and the secret of midwestem success is
the indomitable spirit of its people.
The ethnic tradition of the 11th Dis-
trict is representative of the creative
vibrance that ethnic groups throughout
these seven States have contributed to all
of America. The WGN float symbolizes
this ethnic creativity. Chicago and "Big
Ten" coimtry can be proud of the WGN
participation in this international event.
Again, I wish to congratulate Ward L.
Quaal, president of WGN, and Jim Han-
Ion, vice president and manager of pub-
lic relations, who was in Pasadena rep-
resenting WGN at the Rose Bowl festivi-
ties, as well as the many hundreds of
WGN employees throughout the Nation,
for their enthusiasm and dedication.
Chicago and our entire Midwest region
are well served by their spirit of public
service. As the Congressman for the 11th
Congressional District where WGN is lo-
cated, I am proud of this station's out-
standing achievement and extend my
best wishes for WGN's continued success
in serving our community, Illinois, and
America.
Mr. Speaker, I include at this point in
the Congressional Record four press re-
leases issued by WGN Broadcasting Co.
describing WGN's float and Rose Parade
coverage. The release follows:
WON Continental Broadcasting Co. To
Enter Bowl Parade; Float To Be Only
Broadcasting and Chicago Entry
WI.'-L BE longest SINGLE ANIMATED FLOAT EVER
attempted
WGN Continental Broadcasting Company
will, for the first time ever, participate in
the 84th annual Tournament of Roses Parade
on New Year's Day. 1973. at Pasadena. Cali-
fornia. Ward L. Quaal, president of the com-
pany, made the announcement today and
added that the WGN float's theme wUl be
"It's a Big Country" and "salutes all America,
which this company serves."
The WGN float will be the only entry
from the more than 6.700 radio and television
stations In the nation and also represents
the sole participation from the Chicago area.
The float will be animated and utilize the
longest single piece of movement ever at-
tempted in the history of the parade. It Is 50
feet long. 18 feet wide. 16 feet high and
will have a gigantic white eagle atop a rep-
resentation of the American flag.
The flag will open up every 20 seconds, re-
vealing a rotating mural of American scenes
while portraits of the five races that make
up America overlook the revolving mural.
Above the front of the float, a huge compass
center rose will rotate as the "flag" unfurls.
The flag and eagle will use over 40.000
carnations — the largest amount ever used on
one float. The Inside and front of the float
will use 35,000 roses and the murals of Amer-
ican scenes will use over 100 difl'erent va-
rieties of petals and seeds. Waves, represent-
ing the Atlantic and Paclflc Oceans that em-
brace our nation, surround the bottom edges
of the float and will vary from light blue
irises and delphiniums to cornflowers.
Thousands of flowers will make up the
letters appearing on the sides, spelling out:
WGN Continental Broadcasting Co., Serving
Big 10 Country And All America.
In making today's announcement. Presi-
dent Quaal said, "I have felt for several years
that our company, that is so enmeshed with
the pulse beat of this great country, should
participate In the one parade that Is so
totally and uniquely American. Along with
the many hundreds of WGN employees
located throughout our nation, I am hon-
ored to help pay tribute to our great country
and the people that work and live here."
The float was designed by Robert Stebbins,
manager of arts and facilities for WGN Con-
tinental Group Stations, and is being buUt
by the firm of C. E. Bent and Son. Inc., of
Altadena, California, one of the foremost
float builders in the nation.
In addition to the WGN entry, the Tour-
nament of Roses Parade will have 59 float
entries for the 1973 extravaganza.
The "Grand Land Singers" To Ferform On
WGN Float in Tournament of Hoses Parade
Seven members of the nationally-ac-
claimed choral group, the "Grand Land Sing-
ers," win perform while riding the WGN Con-
tinental Broadcasting Company's huge float
in the 84th annual Tournament of Roses
Parade next New Year's Day.
Since the coUege-age group of 100 singers
performed their first song in 1967, they have
gained national prominence singing the
praises of America.
The Singers have won three successive
Freedom Foundation At Valley Forge Awards
in community programs: the "principal
awardee" In 1969 and 1971 and the George
Washington Honor Medal winner in 1970.
They have also received commendations
from President Nixon, the Departments of
the Army and Air Force, the California Sen-
ate and many cities.
In 1970, the group performed before com-
bined audiences of more than 240.000 people
m Washington, DC. where they were fea-
tured In the 43rd annual Cherry Blossom
Festival.
The Singers are from six colleges In the
Los Angeles area and are based at Cerrltos
College in Cerritos. California. Though a non-
profit group, they are completely self-sup-
porting utilizing income from appearances
and record albums to buy costumes, sound
equipment, transportation and their favorite
project, "Discover Your America."
The "Discover Your America" program that
sets 'them apart from any ofher performing
group in the country Is a campus and com-
munity program they developed. It consists
of a week of activities designed to encourage
total Involvement of youth and adults alike
in a specific community. Individual members
of the group meet with city officials, school
boards, student governments and community
leaders to arrange a full week of festivities
throughout the city that culmlnat€s In a
full concert by the Grand Land Singers.
There are eight adult advisors who donate
their free time to assist the group In busi-
ness advice, contracts, choreography, staging
and musical direction. Ray Furgeson, presi-
dent of a Los Angeles engineering firm, Is
senior advisor and acts and the Singers' gen-
eral manager.
On January 1, 1973. when the Grand Land
Singers make their Tournament of Roses
Parade debut on the WGN float, the broad-
casting company will also be making their
debut of participation In the parade that
will be televised by the NBC and CBS net-
works.
The WGN float entry, utilizing the longest
single piece of animation ever attempted in
the parade's history, presents a gigantic
white American Eagle overlooking a 50-foot-
long Stars and Stripes. As the flag unfurls,
a rotating mural of Americana will rise up
to reveal the seven Grand Land Singers who
will perform to their pre-recorded music.
The float's theme, "It's A Big Country."
win be carried out by more than 40,000 car-
nations— another parade record — and 35,000
roses. Over 100 other varieties of flowers,
petals and seed wUl also be used In the only
float from the Chicago area and the only
entry from the more than 6.700 radio and
television stations In the nation.
WGN Television To Carry Toctinament or
Roses Parade and Pre-Parade Feature
Special
The 84th annual Tournament of Roses
Parade will be telecast on Channel 9, New
Tear's Day, 1973, from 1-3 p.m.. on a delayed
basis. A special "Rose Parade Preview," di-
rect from Pasadena, California, will also be
telecast from 9:30-10:00 a.m., the same day.
Coverage for both programs is being sup-
plied to WGN Television by Metromedia TV.
of Los Angeles.
. \
400
Pri
gest
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Hunler
win
first
sent
The
ber
35
atop
oco
vldlng color commentary of the big-
parade of all Is BUI Welsh. The pre-
program will be co-hosted by Ben
and Alicia Sandoval.
Continental Broadcasting Company
be represented In the parade for the
time with a huge patriotic float repre-
ng Big 10 Country and All America."
heme Is "It's a Big Country."
WG.'f float, utilizing a record num-
3f carnations — 40,000 — an 1 mor-; than
roses, will have a gigantic white eagle
a representation of the American flag.
flag i.s animated and will use the long-
ngle piece of movement ever attempted
e parade's long history. It will unfurl
20 seconds, revealing a rotating mural
^Inerlcana and seven members of The
d _,and Singers, who will perform to
1 ecorded music.
represents the only float entry from the
area and the only entry from the
than 6,700 radio and television sta-
in the nation.
addition to the WON Television cover-
the parade will be seen nationally over
; TBC and CBS networks and In more than
ons around the world.
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CONGRESSIONAL RECORD — HOUSE
Jayiuarij 6, 1973
COTER.^CE OF THE TOURNAMENT OF ROSES
Parade
addition to world-wide coverage of this
annual event by Associated Press and
Press. International, there Is the
follcfvlng broadcast coverage:
and NBC carrv It on a combined total
ly 500 television stations In the USA,
Is transmitted through the Republic of
o with a Spanish translation.
Canadian Broadcasting Corporation
the parade throughout Canada . . .
I ng a viewing audience estimated to be
cess of 15 million,
the Atlantic satellite It Is transmitted
to t|e Caribbean sector (In Spanish).
networks earn- it In Japan In color . . .
Japanese translation.
e French TV Network has two filming
cover It, along with Rose Bowl Game
Ighf Ights, for the French viewing audience.
crews film the parade for Spanish TV.
freelance film company takes movies for
a. Austria, television . . . and makes a
peculation print for showing on television
I an.
^dltlonally. there is all-out local
coverage by stations In the Los Angeles area.
CONSUMER LEGISLATION
Tie SPE-AXER p'-o tempore. Under a
._s order of the House, the gentle-
from New York 'Mr. Rosenthal'
„..ized for 30 minutes.
ROSENTHAL. Mr. Speaker, today
. introducing, along with several of
colleagues, 12 important consumer
They are the first installment of
Tiportant oackage of progressive con-
legislation that I plan to intro-
pre^ious
ma
is r4cogn
1 ne.se
bills are nimed at closing the
widening gap between the ability of
GoAjemment to protect consumers and
ability of some segments of the busi-
cominunity to abuse them,
am hopeful this effort will inspire
Nixon administration to- get in step
the consumer movement by ab'-n-
ng its public relations efforts, con-
■d promises and misleading goals in
)r of con.structive legislative action.
I am worried thit the administra-
"s indebtedness to big business has
eased dramatically because of the
unprecedented outpouring of contribu-
tions during the presidential campaign
from the entire spectrum of special
pleaders and vested interests. That is
why. in the final analysis, Congress will
probably have to do the job itself.
The consumer record of the past Con-
gress can also be viewed as disappoint-
ing. We did pass the Product Safety
Commission bill, which the President re-
luctantly signed, and we extended the
life of the Consumer Rnance Commis-
sion but the Congress failed to establish
a Consumer Protection Agency. CPA
legislation was watered down and passed
in the House but filibustered to death in
the Senate's closing days by a powerful
coalition of special interest pleaders.
There is an ever-growing imbalance
between the ability of the American busi-
ness community to abuse the consumer
and the ability of government to pro-
tect him.
The American consumer is lost in a
commercial jungle without weapons and
without a guide. He faces the slickest
combination of technology and Madison
Avenue ingenuity. He is matched against
whirling computers and motivational
experts.
The free enterprise system with its
give and take in the marketplace is es-
sentially healthy and constructive. But it
sometimes appears to me that business-
men at all levels — from producers to re-
tailers— are involved in a gigantic bait
and switch scheme: today's typical con-
sumer is tempted into the marketplace
by promises of product perfection. But
the system that produces, promotes, sells,
and services that product is character-
ized by planned obsolescence and poor
quality control; by the fanciful, frivo-
lous, or deceptive advertising it permits;
by the withholding of unfavorable per-
formance data from the public; by the
absence of meaningful and imderstand-
able warranties and guarantees, by the
use of irrelevant product endorsements;
by the existence of underpaid and under-
informed salesmen on the showroom
floor; by the omnipresence of unreliable
auto, TV. or appliance repairmen.
The result is that the great free enter-
prise promise too often proves an illu-
sion.
The American consumer is without the
kind of help he needs and deserves from
his Government. If this administration,
and this Congress, really intend to stop
inflation, we had better become con-
cerned about proper consumer repre-
sentation in Washington which is where
■many price increases either begin or
fail to be halted.
Two years ago. at the beginning of the
92d Congress, there was genuine hope
that a massive legislative attack on con-
sumer abuses could- be mounted. With
the help^of special interest forces, th'^t
hope died in the final days of last year's
legislative session.
But this is a new and. we believe, a
better Congress for enacting needed
consumer legislation.
Whatever else the new 93d Congress
accomplishes in the consumer protec-
tion field, its efforts will have to be
judged a failure until an independent
Consumer Protection Agency is estab-
lished. The fate of the CPA bill, being in-
troduced separately today, will be a
barometer of the Congress' willingness
to protect consumers and to grant them
the kind of access to the Federal deci-
sionmaking process that the Nixon ad-
ministration has afforded the represent-
atives of big business.
The administration soon will be send-
ing Congress its consumer proposals. As
legislators it will be our responsibilty to
examine these bills with objectivity and
in a spirit of bipartisanship. But it is not
our responsibility to ratify proposals
which have the "seal of approval" of
those special interest groups whose prac-
tices the legislation must correct. It is
our responsibility to pjay special atten-
tion to the views of those in our society —
the consumers — whose interests must be
protected. These voices have consistenly
spoken in favor of the legislative ap-
proaches we endorse today.
I fear that this administration's ap-
proach to consumer protection has been
dictated more by a concern for the hj'po-
chondria of the business community
than for the real maladies facing mil-
lions of consumers.
Following are the bills I am intro-
ducing today, along with a short ex-
planation of the purpose and need for
each:
Consumer Legislation — 93d Congress
( Representative Benjamin S. Rosenthal)
FOOD labeling AND INFORMATION
/. Truth in Food Labeling
Purpose — Requires food makers to show
on their labels all Ingredients by percentage,
including all additives and preservatives, and
by their common or usual names.
Need — As many as 80 million Americans
must be aware of the food they are eating
because of allergies, dietary problems, reli-
gious considerations and other reasons. It Is
presently Impossible, thanks to a maze of
regulatory exemptions, to tell from a label
what Is In a food product. The American con-
sumer has an undeniable right and need to
know what is In the food he eats.
II. Nutritional Labeling Act
Purpose — Requires that any packaged con-
sumer food product be labeled by the pro-
ducer with the following Information: (1)
nutritional statements Including fat con-
tent, vitamin and protein value, fats and
fatty acids, calories and other nutritional
data; (2) the net weight and drained weight
of canned or frozen products packed In a
liquid medium; (3) the major ingredients by
percentage weight of any combination food
item.
Need— 'We have been called "a nation of
nutritional Illiterates." Food labels currently
provided little or no Information on the nu-
tritional value of the product although this
is vital to the consumer's health. Many of the
foods Americans eat do not have the nutri-
tional value expected of them. Moreover,
existing food labels fall to show the exact
proportion of one ingredient to another.
Some brands of combination food Items con-
tain more of the major Ingredients than
others (e.g., some brar.ds of beef stew con-
tain more meat, vegetables, etc. than others),
///. Open Dating Perishable Food Act
Purpose — Requires that all packaged per-
ishable and seml-perlshable foods be prom-
inently labeled to show clearly the date be-
yond which It should not be sold and the
optimum storage conditions at home. It also
provides that overage products can be sold
January 6, 1973
CONGRESSIONAL RECORD — HOUSE
401
nent repeal would help foreign suppliers plan
better to meet American market needs.
appliance disclosure
IX. Performance Life Disclosure Act
Purpose — Requires manufacturers of dura-
ble consumer products. Including appliances
and electronic items, to disclose on a label
or tag affixed to each item sold at retail to
consumers, the performance life, under nor-
but only If they are safe, separated from
other Items and clearly Identified as being
bevond the expiration date.
Need— There Is growing evidence that a
sienlflcant number of perishable food prod-
ucts offered for sale to the American con-
sumer are overage and may be unwholesome.
Open dating Information gives consumers
nprsonal policing powers over the sale of
fckaged 'foods and helps in storing these l^^^^.^^ -ndlUonT^of ';rch"m7nufal-
products at home.
IV. Consumer Food Grading Act
Purpose— Requires a uniform system of re-
tall quality grade designations for consumer
food products based upon quality, condition
and nutritional value.
jVeed There is currently no consistent and
uniform system for determining and labeling
the grades of food products. For example, one
product mav be graded A, B, C, and D while
another Is AAAA. AAA, AA and A: hence the
two "A" grades are opposltes. not equals,
but there is no way for the consumer to
know.
V. Honest Label Act
Purpose— Requires labels on foods, drugs
and cosmetics to contain the name and place
of business of the true manufacturer, pack-
er and distributor.
Need— Its value is two-fold; Most impor-
tantly it would aid gover;iment. Industry
and consumers in event of a recall by per-
mitting quick and easy Identification. This is
now difficult because hundreds of private
labels and private brand products on the mar-
ket do not bear this information. (Bon Vi-
vant vlchyssolse was packed under more than
30 different private labels without Bon VI-
vants name ever appearing on one of them—
a fact which hlnderec' that extensive recall.)
Secondly, it would aid consumers in selecting
products because they would know who
really made the product under the private
label. Private label products often tend to be
priced lower than their nationally advertised
counterparts, although there is frequently no
difference between them.
VI. Unit Pricing Act
Purpose— Requires disclosure by retailers
of the unit price of packaged consumer com-
modities. Individual retail businesses with
sales below $250,000 a year are exempted.
Need— The myraid of package sizes makes
It extremely difficult for consumers to com-
pare the prices of two or more package sizes
of the identical product to determine the real
cost and the best buy. Recent studies indi-
cate that unit pricing provides valuable, ob-
jective price data which can save consumers
around 8'- on their food biUs. Some stores
now have unit . rice Information but uni-
formity and comprehensiveness are lacking.
meat prices
VII. Meat price freeze
Purpo.5e— Stabilizes the retail prices of
meat for 45 days at November 1972 levels and
requires the President to submit to Congress
a plan for insuring an adequate meat supply
for U.S. consumers, reasonable meat prices
and a fair return on Invested capital to
farmers, food producers and food retailers.
Need— The lack of price controls on meat
at a time when other products are controlled
has sent costs soaring and there is no letup
In sight. Infiatlon cannot be controlled so
long as the prices on such a major Item In the
American budget— food. and especially
meat — are permitted to go unchecked
VIII. Meat quota repeal
Purpose— Repeals the Meat Import Quota
Act cf 1961 to Increase the supply of lower
cost meats.
Need — Repeal of quotas is an essential first
step toward lowering the high price of meat
products such as hamburgers, hot dogs and
cold cuts. Mr. Nixon svispended quotas last
summer for the balance of 1972, but a perma-
tured durable product or its major compo
nents. It also requires such products as film
and batteries be labeled as to the date beyond
v.'hich they should not be sold because they
begin to lose performance life.
Need — Knowing the performance life ex-
pectancy of a product, consumers will be
better equipped to decide on the best buy
for their money. It will also help them
avoid buying durable products that are per-
ishable.
X. Appliance Dating Act
Purpose — Requires that any appliance, TV
or other durable product whose design is
changed or performance capabilities altered
on a periodic basis shall have Its date of
manufacture permanently affixed to the
product.
Need — Dating will prevent the sale of older
models as "new," something now done with
relative ease because the consumer does not
have an effective method of checking the
model data for himself prior to purchase.
other
XI. Sales Promotion Game Act
Purpose — Prohibits manufacturers, pro-
ducers or distributors from requiring or en-
couraging any retail seller to participate in
promotional games; also prohibits a retailer
from engaging on his own In a promotional
game In connection with the sale of any
It.m.
Need — Sales promotional games perform
no useful function In the marketplace. In-
stead, they serve to entice the consumer
into basing his purchases on the contest
with the most lucrative prize rather than
on the more relevant concerns of the best
price and the best quality. Moreover, the
cost of such games is passed on to the con-
sumer whether he enters the contest or
not.
XII. Intergovernmental Consumer Assistance
Act
Purpose — Provide federal grants and tech-
nical assistance In the establishment and
strengthening of state and local consumer
protection offices.
Need — Consumer protection must be a joint
effort at all levels of government. Some excel-
lent work is being done by state and local
consumer offices, but funds and technical
assistance are desperately needed.
consumer legislation package cosponsors
/. Truth in food labeling
Benjamin S. Rosenthal. Frank Annunzlo,
Alphonzo Bell, Jonathan B. Bingham. Frank
Brasco. George E. Brown, Jr., James A Burke.
John Conyers, Thaddeus J. Dulskl, Bob Eck-
hardt, Don Edw,'\rds, Don Fraser, Sam Gib-
bons, William J. Grfen, Michael Harrington,
Ken Hechler, James J. Howard, Joseph E.
Karth, Robert W. Kastenmeler, Edward I.
Koch, Robert L. Leggett, Parren Mitchell.
Wnilam Moorhead, Claude Pepper, Jerry Pet-
tis, Bertram L. Podell. Melvin Price. Charles
Rangel. Peter Rodlno. Edward R. Roybal. Leo
Ryan. John Selberling, Neal Smith. Gerry
Studds, Frank Thompson. Jr., Joel Pritchard.
//. Nutritional Labeling Act
Benjamin S. Rosenthal, Frank Annunzlo.
Alphonzo Bell, Jonathan B. Bingham, Frank
Brasco, George E. Brown, Jr., James A. Burke,
John Conyers, Thaddeus J. Dulski. Bob Eck-
hardt. Don Edwards. Don Fraser, Sam Gib-
bons, ■William J. Green, Michael Harrington
Ken Hechler, James J. Howard. Joseph E.
Karth. Edward I. Koch. Robert L. Leggett.
Parren Mitchell. William Moorhead, Claude
Pepper. Jerry Pettis, Bertram L, Podell, Mel-
vin Price, Joel Pritchard, Charles Rangel,
Peter Rodino, Edward R. Roybal, Leo Ryan,
John Selberling; Neal Smith, Frank Thomp-
son, Lest r Wolff.
///. Open Dating Perishable Food Act
Benjamin S. Rosenthal, Frank Annunzlo.
Alphonzo Bell, Frank Brasco, George E.
Brown, Jr„ James A. Burke, John Conyers,
Thaddeus J. Dulskl, Bob Eckhardt, Don Ed-
wards, Don Fraser. Sam Gibbons. William J.
Green. Michael Harrington. Ke.i Hechler.
James J. Howard. Joseph E. Karth, Edward I.
Koch. Robert L. Leggett, Parren Mitchell,
William Moorhead, Claude Pepper, Jerry Pet-
tis, Bertram L. Podell, Melvin Price, Charles
Rangel, Peter Rodlno, Edward R. Roybal. Leo
Ryan, John Selberling, Gerry Studds, Prank
Thompson, Jr., Robert O. Tiernan, Lester
Wolff.
IV. Consumer Food Grading Act
Benjamin S. Rosenthal, Alphonzo Bell.
Jonathan B, Bingham, Frank Brasco. George
E. Brown, Jr., James A. Burke, John Conyers.
Thaddeus J. Dulskl, Bob Eckhardt. Don Ed-
wards. Don Fraser. Sam Gibbons, William J.
Green, Michael Harrington, Ken Hechler.
James J. Howard, Joseph E. Karth, Robert
Kastenmeler, Robert L. Leggett, Parren
Mitchell, William Moorhead, Claude Pepper.
Bertram Podell. Melvin Price, Charles Rangel,
Peter Rodlno, Edward R. Roybal. Leo Ryan,
John Selberling, Gerry Studds, Frank Thomp-
son, Jr.. Robert Tiernan. Lester Wolff. Ed-
ward I. Koch.
V. Honest Label Act
Benjamin S. Rosenthal. Alphonzo Bell,
Frank Brasco, George E. Brown. Jr., James A.
Burke, John Conyers, Thaddeus Dulski, Bob
Eckhardt, Don Edwards. Joshua Eilberg, Don
Fraser. Sam Gibbons. William J. Green.
Michael Harrington^ Ken Hechler. James J.
Howard, Joseph Karth. Robert Kastenmeler.
Edward Koch. Robert L. Leggett. Parren
Mitchell, William Moorhead, Claude Penper,
Jerry Pettis, Pertram Podell. Melvin Price,
Charles Rangel, Peter Rodino, Edward R.
Roybal, Leo Ryan, John Selberling. Gerry
Studds. Frank Thompson. Jr.. Robert Tier-
nan. Lester Wolff.
VI. Unit Pricing Act
Benjamin S. Rosenthal. Alphonzo Bell.
Jonathan B. Bingham. Frank Brasco. George
F. Brown. Jr.. James A. Burke. John Conyers.
Thaddeus Dulski. Bob Eckhardt, Don Ed-
wards, Don Fraser, Sam Gibbons, William
Green, Michael Harrington, Ken Hechler,
Jnmes J. Howard, Joseph Karth, Robert Kas-
tenmeler, Edward I. Koch, Robert L. Leggett,
Parren Mitchell. William Moorhead, Claude
Pepper. Bertram Podell. Melvin Price. Charles
R.ingel, Peter Rodino, Leo Ryan, John Sel-
berling, Frank Thompson, Jr., Robert O. Telr-
nan,
VII. Meat price freeze
Benjamin S. Rosenthal. Frank Annunzlo.
Frank Bra.'^co. George E. Brown. Jr.. James
A. Burke, John Conyers, Thaddeus Dulskl,
Bob Eckhardt. Don Edwards. William Green,
Michael Harrington, Ken Hechler, James J.
Howard, Joseph Karth. Edward I. Koch, Par-
ren Mitchell, William Moorhead, Claude Pep-
per, Bertram Podell, Melvin Price. Charles
Rangel, Peter Rodlno Gerry Studds, Frank
Thompson, Jr., Lester Wolff.
VIII. Meat quota repeal
Benjamin S. Rosenthal, Prank Brasco,
George Brown, Jr., James A. Burke. John
Conyers. Thaddeus Dulskl. Bob Eckhardt,
Don Edwards. Joshua Eilberg. Don Fraser.
Sam Gibbons, William Green, Michael Har-
rington, Ken Hechler, James J Howard, Jo-
seph Karth. Edward I. Koch, Parren Mitchell,
402
CONGRESSIONAL RECORD — HOUSE
January 6, 197 S
William Moorhead, Claude Pepper. Bertram
I cxlell, Melvln Price. Joel Prltchard, Charles
Ilangel. Henry Reuss. Peter Rodlno, Edward
Itoybal, John Selberling. Gerry Studds, Prank
' "hompson, Jr., Lester Wolff.
IX Performance Li/e Disclosure Act
Benjamin S. Rosenthal. Alphonzo Bell,
] "rank Brasco. George E. Brown. Jr., James
I I Burke. John Conyers, Thaddeus Dulskl,
] lob Eckhardt. Don Edwards. Don Eraser,
iam Gibbons. William Green. Michael Har-
lington. Ken Hechler, James J. Howard,
oseph Karth. Robert Kastenmeler, Edward
Koch. Robert L. Leggett. Parren Mitchell,
1 t'iUlam Moorhead. Claude Pepper, Jerry
I'ettls. Bertram Podell. Melvln Price. Charles
Uangel. Peter Rodlno. Edward Roybal, Gerry
5 tudds. Prank Thompson. Jr., Robert O.
'leman, Lester Wolff.
X. Appliance Dating Act
Benjamin S. Rosenthal, Alphonzo Bell,
onathan Bingham, Prank Brasco. George
4. Brown. Jr.. James A. Burke. John Conyers.
' 'haddeus Dulskl. Bob Eckhardt, Don Ed-
vards. Don Eraser. Sam Gibbons. William
( Ireen. Michael Harrington. Ken Hechler,
.: ames J. Howard. Joseph Karth, Robert
I kastenmeler. Edward Koch. Robert L. Leg-
i ett. Parren Mitchell. William Moorhead.
< laude Pepper, Jerry Pettis, Bertram Podell,
I lelvln F*rice. Charles Rangel. Peter Rodlno.
I dward Roybal. John Welberllng. Gerrv
tudds. Prank Thompson. Jr., Lester Wolff.
XI. Sales Promotion Game Act
Benjamin S. Rosenthal, Prank Brasco.
(teorge E. Brown. Jr.. James A. Burke. John
C onyers. Bob Eckhardt, Don Edwards, Don
I ra^er. Sam Gibbons. William Green, Michael
I iarrlngton. Ken Hechler. James J. Howard,
I »bert Kastenmeler. Parren Mitchell,
( laude Pepper. Bertram Podell, Melvln Price,
( harles B. Rangel. Peter Rodlno, Edward
I .oybal. Prank Thompsorj, Jr.
4//. Intergovernment Consumer Assistance
Act
Benjamin S. Rosenthal, Alphonzo Bell.
A-ank Brasco, George E. Brown, Jr.. James A.
I urke, John Conyers, Thaddeus Dulskl, Bob
I ckhardt. Don Edwards, Joshua EUberg, Don
I raser, Sam Gibbons. Michael Harrington,
i en Hechler, James J. Howard, Robert
I ;astenmeler. Edward I. Koch. Robert L. Leg-
E Btt, Parren Mitchell. William Moorhead,
( laude Pepper. Jerry Pettis. Bertram Podell,
Jlelvln Price. Charles Rangel. Peter Rodlno,
I dward Roybal, Gerry Studds, Prank Thomp-
s)n. Jr., Robert O. Tlernan. Lester Wolff.
MISADVE^rTURE IN SOUTHEAST
ASIA DEGENERATES
The SPEAKER pro tempore. Under a
pjrevioiLs order of the House, the gentle-
nan from Pennsylvania (Mr. Eilberg>
i| recognized for 5 minutes.
Mr. EILBERG. Mr. Speaker, during the
riionth of December this country's misad-
venture in Southeast Asia degenerated
firther into an orgy of death and de-
s;ruction which has no other purpose
t lan to prove that we can kill and de-
stroy at will in that area.
This murderous bombing reportedly
cbst us seven men killed. 73 captured or
r lissing, and more than S258 million in
qestroyed aircraft.
All of this killing and all of this waste
Have been for what the President has
called a "peace with honor." This term
r ;mains vague and undefined, but It cer-
tiinly cannot be attained through dis-
Honorable means.
The reasons for the bombing are also
\jague and ill-defined. We are supposed
t ) be helping oiu- ally — a corrupt military
dictatorship — defend himself, something
he has not been able to do or has not
wanted to do since we became involved
in this war.
We are also supposed to be forcing the
North Vietnamese to release the Ameri-
cans they are holding prisoner, but all
the bombing has done is increase the
number of men in prison camps and
lengthen the missing in action list.
Finally, Mr. Speaker, the bombing it-
self is illegal by our own standards and
laws. When the Tonkin Gulf Resolution
was repealed the specific justification for
the bombing was eliminated. And, the
second possible excuse, that the Presi-
dent as a military commander is acting to
protect his men, is not plausible because
the number of troops still in Vietnam is
very small and they can be evacuated
quickly and easily.
The President has promised us peace
many times without keeping his word.
The latest promises came just before
election day. We were told that peace
was only a few meetings away. We were
led to believe that the prisoners would
begin coming home by Thanksgiving and
then by Christmas, but all that happened
was that the bombing was increased and
there was more death and more destruc-
tion.
Now the current rumor is that an
agreement will be reached by Inaugura-
tion Day, Januarj' 20, but there is noth-
ing to back up these rumors and the
threat of more bombing and more kill-
ing still hangs over the Nation.
Mr. Speaker, the war in Indochina has
wasted thousands of lives and ruined
thousands more; it has divided our peo-
ple, and it has been an economic dis-
aster for the country.
The only task left for us in Southeast
Asia is to insure the release of the Amer-
icans now held captive and the safe
withdrawal of the remaining troops.
There is no reason why there has to be
more killing or more men have to waste
away in prison camps.
If the President will not end the war
Congress will have to do it by refusing
to pay for it any longer. That is why
I have voted in the past to cut off funds
for combat operations in or over Indo-
china and will continue to do so in the
future.
WILL CONGRESS END THE AMERI-
CAN INVOLVEMENT IN THE INDO-
CHINA WAR?
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from Wisconsin iMr. Kastenmeier)
is recognized for 5 minutes.
Mr. KASTENMELER. Mr. Speaker, as
the new 93d Congress convenes, the Indo-
china war, like the sword of Damocles,
still is hanging over our heads. It, there-
fore, is incumbent upon us, more than
ever, to take most seriously our grave
task to bring an end to the American
involvement in that Indochina conflict,
and I have Introduced legislation calling
for an immediate cut-off of funds for the
war effort and the withdrawal of all
American forces from Southeast Asia.
When we were Informed, last Octo-
ber 26, that "peace is at hand," I, like
other Americans, was relieved that at
long last, a settlement to end the war
apparently was within grasp. However,
when the peace negotiations were
suspended in December, and the massive
bombing by American warplanes against
North Vietnam's heartland eommenced,
I was saddened and shocked by this
dangerous turn of events.
After a period of intensive bombing,
we have been notified that peace negotia-
tions will resume again. While I am
heartened by this move, the war still
goes on, and we do not know whether the
President, at some future point, will order
additional bombings or adopt any other
hostile military act since he chooses not
to tell the Congress anything and dis-
respects the wishes of the American
people. Notwithstanding the Paris talks,
then, we should not wait upon the man
who sat in silence in the White House
while he shamed the name of America
by the savage bombing which he resumed
in his attempt to impose his will by force
on the small and backward nation of
North Vietnam.
We know what President Nixon, if he
chooses, can continue to do in Indo-
china, for he has already demonstrated
that he does as he pleases, with the brief
and fatal arrogance that history gives
to those who think a temporary position
of power will last forever. His ordering
of the massive, indiscriminate use of the
U.S. overwhelming aerial might to
try to impose an American solution on
Vietnam's political problems was ter-
rorism on an unprecedented scale, a re-
treat from diplomacy which this Nation
would be the first and loudest to con-
demn if it were practiced by any other
nation. More of this same use of vio-
lence, should it ever be repeated again,
can only lead to the further death and
capture of more American servicemen,
the slaughter of more Vietnamese civil-
ians, and, I fear, a turn toward increased
violence in domestic affairs here at home.
Thus, upon the 93d Congress rests the
heavy burden to bring an end, once and
for all, to the American involvement in
this Indochina conflict, and this Con-
gress has no choice but to act on this
matter. It is late, too late, to rehearse
the rights and wrongs of our Indochina
policy. But the rights and wrongs of vio-
lence are everywhere to see. This Con-
gress must ask itself whether an end to
the Indochina involvement would reduce
violence and restore decency or whether
our continued presence in Indochina
would increase violence and send Amer-
ica hurtling still further away from her
traditional decencies. The answer would
not seem difficult.
Will this Congress lead our Nation
back to sanity and peace, or light the
way still further down to more death
and destruction? No men and women
ever carried a heavier charge than the
men and women of this Congress do to-
day. If we can lead America back to
sanity, we then can begin to sweep away
all the sickness and insanity, the evil
policies that have taken us into this war
and divided our country and set us one
against the other in senseless, self-
destroying bitterness. America and his-
tory await the outcome.
Januanj 6, 1973
CONGRESSIONAL RECORD — HOUSE
403
STATEMENT OF THE HONORABLE
MICHAEL J. HARRINGTON ON IN-
TRODUCTION OF INQUIRY ON
BOMBING OF NORTH VIETNAM
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from Massachusetts (Mr. Harring-
ton) is recognized for 5 minutes.
Mr. HARRINGTON. Mr. Speaker,
during the period December 17 through
December 31, the United States un-
leashed the most destructive campaign
attack in the history of the world against
North Vietnam. The raids, like all others,
were launched without consultation with,
or approval by, the Congress of the United
States. They brought untold death and
destruction to the people of North Viet-
nam and the United States paid a fright-
fully high price in men and machinery.
Now that these raids have been ter-
minated for the time being, and our
B-52's have been retargeted to attack
Laos, Cambodia, and South Vietnam, we
must not let the sense of outrage many of
us felt last week simply vanish in the air.
Perhaps the peace agreement will be
signed shortly, but I have little confidence
in the optimistic reports of the executive
branch. For 8 years. Presidents have
been telling the Congress and the Ameri-
can people that peace is just around the
corner.
The American people are against the
war, but the vocal spirit of 1968 has been
replaced by apathy and despair. They
have watched their elected representa-
tives, the U.S. Congress, stand by im-
potently while the President usurped
their constitutional powers. The House
of Representatives, as a body, has ac-
tively avoided to take any position on the
war.
A new Congress is convening today,
and a new chance to reassert our lost au-
thority is being presented. The first step
was taken yesterday by the House Demo-
cratic caucus which approved an end-
the-war resolution by a 2-to-l margin.
The resolution which I supported directs
the Foreign Afifairs Committee to prepare
legislation to cut off funds for the war
once our prisoners are released and pro-
visions for a safe withdrawal of our
troops are worked out.
Letters have been sent to Carl Albert,
Speaker of the House, urging him to sup-
port the caucus resolution, and to Robert
Strauss, chairman of the Democratic Na-
tional Committee, asking him to convene
a special session of the committee to con-
demn the bombing campaign, and to urge
immediate signing of the October Peace
Treaty. I, along with 20 of my House
colleagues, signed these letters.
These activities have laid the groimd-
vvork for an oflBcial reassertion of con-
gressional authority by the House of Rep-
resentatives. As a prelude to debate on
the bill which will be prepared by the
Foreign Affairs Committee — similar bUls
which I have cosponsored have already
been introduced — I am today introduc-
ing a resolution of inquiry directed to the
President and the Secretary of Defense.
The resolution requires full disclosure of
the extent, in both financial and himian
terms, of the recent bombing of North
Vietnam. This information will allow us
to debate the issue in a more informed
manner.
More importantly, because the resolu-
tion is privileged and must be reported
from committee in seven legislative days,
it provides the fastest possible means to
take an ofQcial vote on the war policy of
the President.
The resolution of inquiry will not end
the war. But it will separate those mem-
bers who are serious about reasserting
congressional authority from those Mem-
bers who are content to rely entirely on
the executive branch's policies and the
information it releases to justify them.
Reprinted below is a copy of the res-
olution :
Resolved, That the President and the
Secretary of Defense be, and they are here-
by, directed to furnish the House of Rep-
resentatives, within ten days after the adop-
tion of this resolution, with full and com-
plete Information on the following —
1. the number of sorties flown by United
States military airplanes, for bombing pur-
poses, over North Vietnam during the period
December 17, 1972 through January 3, 1973.
2. the tonnage of bombs and shells fired or
dropped on North Vietnam during the period
December 17, 1972 through January 3. 1973.
3. the number and nomenclature of air-
planes lost by the United States over North
Vietnam or Its territorial waters during the
period December 17, 1972 through January
3, 1973.
4. the number of American men killed,
wounded, captured, and missing In action
while participating in flights over North
Vietnam during the period December 17,
1972 through January 3, 1973.
5. the best avall£tt^l« estimate of casuaJ-
tles Eimong the North 'Vietnamese during the
period December 17, 1972 through January 3,
1973.
6. the cost of all bombing and shelling
carried on by the United States In or over
North Vietnam during the period December
17. 1972 through January 3, 1973, including
the costs of bombs and shells, shlpw and
airplanes employed In the transportation and
dropping or firing of such bombs and shells,
maintenance of such ships and airplanes,
salaries of U.S. military personnel Involved
in operating and maintaining such ships and
airplanes, cost of equipment destroyed or
damaged whUe participating In missions over
North Vietnam, and all other expenses at-
tributable to such bombing and shelling,
during the period December 17, 1972 through
January 3, 1973.
7. the extent of damage to any and all fa-
cilities struck by bombs. Including "after
action reports" and such other data as Is
available to the Defense Department, and
any other government agency.
cal year will probably place our country
about $30 bilhon further into debt.
I have introduced legislation to change
our course and steer our economy away
from possible economic chaos. Our eco-
nomic situation is the result of many
factors including the tragic war in South-
east Asia, the changing economies of our
fellow nations, and the rapid growth of
our population. Another factor of major
importance is the ever-increasing
amount of money spent by the Federal
Govermnent. This factor, perhaps more
so than all of the others, can be con-
trolled and employed to the benefit of
our economy.
A reduction in Federal spending can
have a positive effect on inflation. A re-
arrangement of our spending priorities
can influence the problems of unemploy-
ment and crime. Federal spending could
be the backbone for a nationwide effort
to return this Nation to sound economic
health. Congress must face the task of
setting up a set of priorities for itself to
follow. The best way, in my opinion, of
achieving that goal would be to place a
set hmit on Federal appropriations each
year, one that would vary according to
the activities of the Federal Government.
The bill I have introduced will achieve
that goal by amending the Constitution
to grant to Congress the power to appro-
priate only so much as was received in
revenues by the Federal Government
during the previous fiscal year. By em-
ploying the previous fiscal year's reve-
nues as a spending ceihng. this proposal
would eliminate the continual problem
we now encounter in employing the
vague, inaccurate, and usually inflated
estimates of revenues for each fiscal year
which are made during that year. At the
end of each fiscal year. Congress would
have a definite figure upon which to base
all of its appropriations under the pro-
posal I have introduced. Congress would
not have the power to appropriate above
that figure; and consequently, and per-
haps of most importance. Congress would
be forced to set priorities on appropria-
tions.
Let me add that I have included an
emergency provision in this bill. It would
allow Congiess to declare a national
emergency necessitating the temporary
suspension of the ceihng in any given fis-
cal year by a two-thirds vote of both
Houses.
A CONSTITUTIONAL LIMIT ON
FEDERAL SPENDING
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from New Mexico (Mr. Runnels)
is recognized for 5 minutes.
Mr. RUNNELS. Mr. Speaker, as Con-
gress looks ahead to the new year and
the first session of the 93d Congress, its
collective conscience cannot help but be
appalled at the course this Nation finds
itself following. We are now experiencing
another trade deficit. Our pubhc debt has
reached the staggering figure of approxi-
mately $445 billion, according to the lat-
est estimates I have been able to obtain.
Federal spending during the current fls-
WHAT ARE THE FACTORS THAT
DETERMINE BAIL?
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from New York (Mr. Koch) is rec-
ognized for 5 minutes.
Mr. KOCH. Mr. Speaker, I should like
to call to the attention of our colleagues
a matter which has become the subject of
much attention in the city of New York
involving the bail system. The corre-
spondence which follows recites all of the
relevant facts so I shall not repeat them
in this statement. I bring it to the atten-
tion of our colleagues because the con-
troversy generated is one which I think
should be examined.
I believe it is important that those
40
elected
the
mu^ity
the
impaired
too
oth
or
bel
the
tha
ihe
Tae
To
A
ma I
rest
pat
miss Ion
grac;"
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to public office speak out when
believe that a sector of our com-
is being victimized. Sometimes
individual whose rights are being
is the defendant caught up in
harsh or prejudiced bureaucracy;
times it may be the complainant
public that requires a defense. I
e that in this particular case it is
public that is owed some support and
, is why I have spoken out.
correspondence follows :
House of Representatives.
Washington, D.C., December 29, 1972.
Editor:
police officer in pursuit of an armed gun-
following an attempted robbery of a
urant Is shot and seriously wounded. A
in the restaurant was also shot. The
is brought to court and charged
attempted murder, robbery, felonious
and possession of a dangerous
The District Attorney requests
bail. While the police officer lies
ided in the hospital and is unable to
y. the Judge frees the defendant on
it of $500 cash. The Mayor is "dis-
and states that "the perpetrator was
blooded gunman if there ever was
' (Times, December 26) . The Police Com-
er calls the Judge's action "a dis-
f le
r Dn
defe idant
witl-
assa Lilt
wea] ion
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wou
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ure
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c'
CONGRESSIONAL RECORD — HOUSE
January 6, 1973
gres: ional
stdli)g
the
bail
whU
Civil
rem;
Poli'
char^
ant
to Ji stifv
Tlje
five
a 61
$50
ball
befote
men :
Un
If
whicji
the
otheFs
crime having taken place In my con-
district, I request that the Pre-
judge conduct an inquiry and urge
:ourt to establish a standard of $25,000
in cases where a police officer Is shot
■ In the line of duty. The New York
Liberties Union promptly lumps my
rks with those of the Mayor and the
Commissioner and "deplores all three",
Ing that we have injured the defend-
presumptlon of Innocence and sought
,- preventive detention,
following day th% same Judge paroles
:ouths accused of m*gging and injuring
year old man, frees an accused robber on
ash bail and paroles or releases on no
defendants In most of the other 50 cases
him (Times. December 28). Any com-
from the New York Civil Liberties
' Not one word.
the New York Civil Liberties Union (of
I am a member) will only speak for
iccused. who Is there to speak for the
le.. the wounded pollcs officer; the
n who was shot: the victims of the
crimes; the other police officers who
to know where we stand while they put
lives on the line: the rest of us who live
City and do not appreciate the fall-
a Criminal Coi.rt Judge to weigh all
nts in considering whether and under
circumstances an individual accused of
crime Is to be immediately set free
us.
to the view expressed by the New
Civil Liberties Union and unlike the
who has already characterized the
dant as a "cold-blooded gunman" I
:io judgment on the guilt or Innocence
3 defendant. My outrage is addressed to
( ondition that permits an Individual ac-
of a most serious crime under orr law
freed with minimum restraint over the
ion of the District Attorney without
nee to any consideration of the public
St.
purpose of bail is to insure the pres-
of the defendant in court on the day of
T'.ie law in New York State provides
tain circumstances that as a matter of
>all must be denied. In the majority of
tho granting or denial of ball is a mat-
judiclal discretion. The Code of Crlm-
Procedure Section 510.30 provides that
ball Is a matter of Judicial dl-scretion
.irt must, on the basis of available in-
le
)f
Co ntrary
formation, consider and take Into account
not only the defendant's emplo5rment, finan-
cial resources and family ties but the prob-
ability or improbability of conviction and the
sentence which may be imposed upon con-
viction.
In the case referred to above, the court ap-
parently considered only the Issues of the de-
fendant's ties to the community, ignoring
other factors which the legislature directed
that the court must consider. The police of-
ficer who was shot was not present in court
and clearly there could be no full review of
the likelihood of the defendant's conviction.
More importantly, the defendant was charged
with the crime of attempted murder of a
police officer who, at the time the case ap-
peared on the calendar, lay wounded in a
hospital. Under the Penal Law in the State of
New York, there are only three crimes con-
viction of which warrant capital punishment.
One of those crimes involves the killing of a
police officer in the course of performing his
official duties.
Under these circumstances was it appropri-
ate for the court to free the defendant on
deposit of $500 cash? Can it be said with any
assurance that this defendant will neces-
sarily return to court on all future occasions
on which the case appears on the calendar?
Will the $500 ball really act as an induce-
ment in that regard? As a point of informa-
tion we ought to consider the fact that at
present the police report that there are ap-
proximately 100,000 bench warrants out-
standing with respect to defendants who
failed to appear In court to respond to crim-
inal charges.
More important, hasn't the court, by set-
ting bail in the manner in which it did, com-
municated a message to the police and to
bthers who may be the victims of crime, a
message which cannot serve but to aggravate
a fact of life; i.e.. that law-abiding citizens
will not or cannot leave their apartments
during evening hours for fear of being as-
saulted en the streets of our city?
The ball established by the Criminal Court
judge was set in contravention of the dic-
tates of the law and cannot serve to insure
the future presence In court of the defend-
ant. At the same time that ball and the
manner In which that case and other cases
are being handled renders a distinct disserv-
ice to the community.
I hope the New York Civil Liberties Union
will elect to address itself to the plight of
all of the parties, defendants, victims, and
the public.
Sincerely,
Edward I. Koch.
HOtlSE OF REPRE.SENTATIVES,
Washington. D.C., December 29, 1972.
Ira Glasser. Esq.
New York Civil Liberties Union,
Nev: York. N.Y.
Dear Ira: I wish to acknowledge receipt
of your letter dated December 27, 1972. To
be entirely charitable, as you put it, I pre-
fer to characterize your recent statements
to the press and the matter set forth In
your letter as unlawyerllke. Lamentably, I
must suggest that for you to conclude that
I now favor preventive detention and would
"Investigate any Judge who refuses to order
It and who follows the Constitution Instead"
is the Invocation of a ttictic that I thought
went out with Senator McCarthy. Labels
and code words, e.g., preventive detention,
are the tools of the demagogue, not the
lawyer.
In your letter you construct a straw man
and then blow him away, e.g.. "When an
accused denies the charges against him, and
appears unlikely to fiee trial, it is uncon-
stitutional to detain him." I agree with you
that I was not present at the hearing be-
fore Judge Wright. But, then, neither of us
were present. Therefore, It would appear
that neither of us Is more qualified than
the other to comment on what transpired
In court. As you know, the granting or de-
nial of bail in this case was a matter of ju-
dicial discretion. (Code of Criminal Proce-
dure Section 530.20). Judge Wright could
constitutionally have denied the defendant
bail pending a full hearing which might
have included giving the wounded police
officer an opportunity to be heard. It is com-
mon, as you know, for the court to conduct
hearings in criminal cases at the bedside of
either complainants or defendants.
In the Instant case the police officer, hav-
ing been wounded, was not present In court.
The court, in its discretion, decided to grant
bail and, accordingly, was obliged to apply all
of the criteria In Section 510.30 of the Code
of Criminal Procedure. That section requires
the court, on the basis of available informa-
tion, to consider and to take Into account not
only the defendant's employment, financial
resources and family ties but the probability
or improbability of conviction and the sen-
tence which may be Imposed upon convic-
tion. Can it truly be said that the court In
the absence of the police officer, could ade-
quately weigh the probability of conviction?
In addition, can it be contended that the
court considered the sentence which may be
imposed upon this defendant upon convic-
tion?
I do not believe it necessary for me to fol-
low your lead and take a ritual oath reaf-
firming my life-long devotion to the pre-
sumption of Innocence and my expressed
commitment to oppose preventive detention,
whatever its form. You have elected to blan-
ket my action in calling for an inquiry and
my request for minimum bail with the
Mayor's public comment that the defendant
"is a cold-blooded gunman." I make no judg-
ment of the guilt or innocence of this de-
fendant. My concern is with the situation
that permits an individual accused of one
of the most serious crimes under our law to
be freed with minimum restraint over the
objection of the District Attorney without
reference to any consideration of the public
Interest. Without repeating what I have
stated elsewhere I enclose a draft of a letter
prepared for submission to the New York
Times which, together with this letter, fully
expresses my position and which I request
that you publish along with this letter and
with your letter to me.
As you should know. I have a long standing
and special affection for the New York Civil
Liberties Union. Over the years I have ap-
plauded Its devotion to the cause of pro-
tecting individuals against the machinery of
government. Quite correctly, the NYCLU.
especially in the context of our adversary
system, has elected to serve as a protector
of the rights of the individual leaving the
question of the protection of the public to
others. As a Congressman my responsibility
is to all of the people and not only to some
of them.
It is indisputable that today in New York
City, citizens, particularly the elderly, fear
to leave their apartments after dark. I have
a responsibility to those people as well as to
others accused of crime. I am obliged to bal-
ance the Interests of all parties In an effort'
to assure the freedom of every person. I wel-
come a.'.y dialogue cr discussion on this issue
with any responsible individual or organiza-
tion. I believe that you will agree that the
evocation of emotional reponses by Importing
code words or labels has never solved any-
thing. Neither is It responsible for any indi-
vidual or organization to turn its back on
a problem and Ignore that it exists. My con-
cern, and yours, should be to balance the
Interests of all of the people to insure that
everyone is afforded equal protection of the
law and that no one Is trampled in the
process.
Sincerely,
Edward I. Koch.
January 6, 1973
CONGRESSIONAL RECORD — HOUSE
405
NYCLU,
New York. N.Y., December 27, 1972.
Hon. Edward I. Koch,
New York. N.Y.
Dear Ed: To be entirely charitable, I pre-
fer to characterize as thoughtless your re-
cent statements on ball in the case involv-
ing Joseph Qruttola and Judge Bruce Wright.
To assume that you gave the Issue any seri-
ous thought at all Is to conclude, lament-
ably, that you now favor preventive deten-
tion, and would "investigate" any judge who
refuses to order it and who follows the con-
stitution instead.
Gruttola was accused of a serious crime,
which accusation he has denied. There is
no reason to believe he will flee the court's
jurisdiction, and certainly you could have no
basis to dispute Judge Wright's decision
after a hearing, since you were not there
and have not yet seen the transcript.
When an accused denies the charges
against him, and appears unlikely to flee
trial. It is unconstitutional to detain him.
Judge Wright made the only constitutionally
permissable decision.
The last public ovitcry about ball came a
few months ago when a young man in Queens
accused of several rapes was released before
trial. Everyone was outraged then, too, be-
cause they wanted to be protected against
rapists. But. as you remember, the boy
turned out to be innocent in a case of mis-
taken identity.
Since you are considering running for
Mayor. I am sure the members of the New
York Civil Liberties Union would be most
Interested In reading your answers to the
following questions, which I shall print in
our newsletter:
( 1 ) The Constitution permits pre-trial de-
tention, or high bail, only to prevent the
accused from fleeing the court's Jurisdiction.
Do you agree with that standard?
(2) Are there any crimes for which you
favor detention, or bail sufficiently high to
assure detention, of the accused prior to
trial, even if his presence at trial is likely?
(3) In the recent case of Joseph Gruttola,
Mr. Gruttola denied the charges against him.
Do you presume him to be Innocent?
(4) If you do presume him innocent, and
if after a hearing. Judge Wright found him
likely to appear for trial, do you believe he
should go free pending trial? If not. on what
basis would you detain him other than the
belief that he is probably guilty?
(5) On what basis did you propose an
Investigation into Judge Wright's "fitness" to
even hold such bail hearings?
I would appreciate an early response on
this Important issue on which you have
already spoken so swiftly.
Sincerely,
Ira Glasser.
DR. LAURENCE N. WOODWORTH RE-
CEIVES ROCKEFELLER PUBLIC
SERVICE A'WARD
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from Arkansas (Mr. Mills) is rec-
ognized for 10 minutes.
Mr. MILLS of Arkansas. Mr. Speaker,
it is with particularly great pleasure and
satisfaction that I call to the attention
of the House of Representatives well-
deserved recognition received during the
adjournment of Congress by Dr. Laur-
ence N. Woodworth, chief of staff of the
Joint Committee on Internal Revenue
Taxation.
On December 6, 1972, Dr. Woodworth,
along uith four other top-level Federal
employees, received a 1972 Rockefeller
Public Service Award for distinguished
Government service in the category of
professional accomplishment and lead-
ership. This coveted honor, which in-
cludes a cash stipend of $10,000. is ad-
ministered and awarded annually by the
Woodrow Wilson School of Public and
International Affairs of Princeton Uni-
versity in recognition of outstanding ac-
complishment in a distinguished Gov-
ernment career over an extended period
of time. This very worthwhile awards
program in a very meaningful way fo-
cuses public attention on the degree and
extent to which excellence exists in the
civilian career services of the Federal
Government.
The awards committee is to be com-
mended for its choice of Dr. Woodworth.
For almost three decades he has served
the Congress " with complete dedication,
loyalty, and devotion. Of today's Mem-
bers of the House of Representatives
only a dozen Members were here on July
1. 1944, when Dr. Woodworth first joined
the staff of the Joint Committee on In-
ternal Revenue Taxation. Of today's
Senate, only three of the 100 were here
at that time.
In the course of his excellent service,
service in which time pressures, demands
and deadlines are daily circumstances.
Dr. Woodworth has participated in and
directed the drafting of some of the most
far-reaching measures enacted in the
history of the United States. His mark
is indelibly imprinted in the language of
all revenue bills enacted over the past
30 years, including the Internal Revenue
Code of 1954, the Revenue Act of 1962,
the Revenue Act of 1964. the Excise Tax
Reduction Act of 1965. the Tax Adjust-
ment Act of 1966, the Tax Reform Act of
1969, and the Revenue Act of 1971. The
provisions of these enactments stand as
monuments to Dr. Woodworth's techni-
cal expertise and the excellence of liis
objective and loyal service to the Con-
gress and to the United States.
President John F. Kennedy in his state
of the Union address in 1961 said —
Let the public service be a proud and lively
career. And let every man and women who
works in any area of our national govern-
ment, in any branch, at any level, be able
to say with pride and with honor in future
years: I served the United States Govern-
ment in that hour of our nation's need.
That men of Dr. Woodworth's stature
make the public service a proud and lively
career is confirmed in the language of
the citation accompanying the Rocke-
feller award, which I insert in the Rec-
ord at this point: .
Rockefeller Public Service Awards —
Citation
Laurence N. Woodworth. Chief of Staff,
Joint Committee on Internal Revenue Taxa-
tion, U.S. Congress was selected for one of
the Awards in the fleld of Professional Ac-
complishment and Leadership.
Dr. Woodworth. a native of Ohio, earned
his Ph. D. degree in 1960 from New York
University sixteen years after he joined the
Joint Committee on Internal Revenue Taxa-
tion as a staff economist. He has been Chief
of Staff of that Joint Committee since 1964.
In this post his is the primary and continu-
ing responsibility in the tremendously com-
plex task of drafting and amending Income
tax legislation for the memt>ers of that Com-
mittee. The work of that Committee Is closely
related to the purposes and functions of both
the President's Office of Management and
Budget and the Department of the Treasury.
Dr. Woodworth has the unreserved trust
and respect of the leadership of both parties
in both houses of Congress. One of the senior
senators said of him, "I know the Senate
could not get along without him; for that
matter, I don't believe the Treasury Depart-
ment would know what to do if it didn't
have a professional man of Woodworth's com-
petence to work with in the Congress."
A former Secretary of the Treasury said
In part, "I cannot think of any other civil
servant, who has not yet received the Rocke-
feller Public Service Award, who can equal
his professional accomplishments and leader-
ship."
The comments of a senior member of the
minority party in the Senate about Dr. Wood-
worth may, indeed, have been the most de-
scriptive definition of the true "career" pub-
lic servant. He said, "First of all, he serves
two ma'sters— the House of Representatives
and the Senate. Secondly, he is conspicuously
nonpartisan and eminently fair in his official
duties, no mean feat in the world of politics.
He Is not only entirely devoted to his work,
but he Instills a similar devotion in his staflf
members. . . ."
In him the Committee on Selection saw an
example of meticulous and continuing ex-
cellence which, though largely unrecognized
and unsung among the general public he In-
directly serves, is both recognized and de-
pended on by the elected official whom he
serves dlrectlv.
THE WEEK THAT WAS
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from Missouri iMr. Burlison» is
recognized for 5 minutes.
Mr. BURLISON of Missouri. Mr.
Speaker, the President and his Secretary
of Agriculture last week dealt the farm-
ers of America, and particularly those of
Missouri's 10th District, the most devas-
tating blows of recent decades. It might
be termed the administration's "one-
two-three punch" to farmers.
Our farmers experienced the first fi-
nancial shock of the Christmas season
on December 26, when the Department
of Agriculture announced termination of
cost-sharing activities under the rural
environmental assistance program —
REAP — known until recently as the ACP
program. Under this program every dol-
lar has been matched by farmer funds.
The program has been one which has
been used by the so-called small farmer.
No one can receive more than S2,500 per
year under this program, and in most
counties far less than that.
It has done more to clean up our
streams than all of our pollution pro-
grams. It has stopped the movement of
silt at its source through the erection of
terraces, the use of contour farming and
the establishment of cover crops and
grasslands.
The President must know that most
of the farmers who participate in this
program are very small operators. They
simply do not have the means to pay all
of these costs, nor should they pay for
the tremendous public benefits that the
program is providing.
Not only the substance, but the timing
of this cutback leads me to fear that it
has more political than economic im-
plications. Before the election on Novem-
40
.•ear
ber
wit 1
the
y
hac
ma
tial
mil
pri
but
ful
tia
or
tioii
1
rov
No ,
as
ers
theiy
01
the
Mj
I
fevi
tlo 1
CONGRESSIONAL RECORD — HOUSE
January 6, 1973
7, the administration had proceeded
all the plans for a continuation of
conservation program through the
of 1973. Indeed, the administration
even stated that they intended to
:e S140 million available as the "ini-
■ allocation. This amounted to an $85
ion cut of the congressional appro-
tions of $225 million for this work,
the announcements were all care-
V- phrased so as to refer to the '•ini-
' expenditures, rather than any "c«t"
impoimdment" of funds,
"the next blow, and the most damag-
ing to many farmers, was the announce-
ment of termination of disaster designa-
and emergency loans thereunder,
has been a tragic harvest season for
crops farmers in southeast Missouri,
only have the rains been so constant
preclude harvest, hundreds of farm-
cannot get to their crops because
have been covered for months now
by Ifloodwaters.
refer to farmers in the areas of the
St.tYancis. Black, Castor, and Mississippi
Ri\ers. Substantial numbers of these
far Tiers have been completely wiped out
by the flooding for crop year 1972. Their
only hope, therefore, was Government
ass stance in the form of emergency low-
int >rest loans under the disaster pro-
gram authorized and funded by the Con-
gress and signed into law by the Presi-
de! t. This law had been liberalized for
farmers to include 1 percent interest
loa IS for the crop year following the dis-
ast;r, as well as a $5,000 "forgiveness"
pre vision for those farmers able to estab-
lisl their eligibility under disaster guide-
lini «.
Illeven of the 10th District's 19 coun-
tiei had applied for disaster designation
an( 1 had been approved on the local level
and at the State ofBce. These applica-
tio is had been forwarded to Washington
with recommendations for favorable ac-
tio i.
4fter unsuccessful attempts to reach
Secretary of Agriculture by tele-
ph^)ne, I wrote him on December 9, 1972.
letter concluded with this paragraph:
have visited most of this area In the last
weeks and can testify to the widespread
and ravaged crops caused by unre-
lenting rains and frequent flooding, i would
gratified by your early action and notlflca-
of a disaster declaration.
dai lage
be
am dismayed to report to the Con-
on this first week of our new ses-
sioh that the Secretary has not even
aclpiowledged this letter.
December 21, 1972. I wrote the Di-
of the Conservation and Land Use
Ditision of the Agricultural Stabilization
Conservation Service on the same
subject. That letter stated in part:
ere are vast areas in these counties that
been Inundated for a considerable time
flood waters from the Castor, St. Francis,
and Mississippi Rivers. I have person-
viewed much of this flooded acreage.
lYom what has gone before, it is not
sui prising that this letter also has gone
wlihout acknowledgment.
Not only is the President kicking our
f aimers in the teeth, his surrogates re-
fuse with unprecedented arrogance to
eve n acknowledge the existence of repre-
ser tatives of the people, much less ex-
pla in to them the actions taken.
gress
On
rector
The
ha
by
Bl^rk
alV
This is startling when it is considered
that the Department of Agriculture and
all of its programs must be authorized
and funded by the Congress. Over my
district it is obvious that literally hun-
dreds of farmers will lose their farms
and must leave them to fiuther crowd
the cities, or join rural welfare rolls, if
the President refuses to listen and
change his decision.
"The week that was" next was marred
on December 29 by announcement by
Secretary Butz that the REA electric
and telephone 2 percent loan programs
that have permitted the extension of
electric power and telephones to mil-
lions of Americans, is being terminated.
Interest on loans that the cooperatives
hereafter receive will be increased by 250
percent.
The irony of "the week that was" is
that it follows on the heels of the first
Republican Presidential victory in mod-
em times in the 19 counties of my Con-
gressional district. In fact, the President^
received 66.19 percent of the vote in the
district. I mention this fact only as an
interesting sideline. Politics should not
and cannot be Involved in a matter so
crucial as the very survival of the farm-
ers of my district. I urge of, and plead
with, the President to reconsider these
devasting postelection and Christmas
season decisions. The reason given for
them is that the programs being termi-
nated are inflationary. This is spurious
reasoning that cannot withstand logical
reflection.
We find our economy robust with
profits in many categories soaring, and
wages and salaries restrained only by 51/2
percent and higher guidelines. How can
it be said that programs permitting
farmers to survive are inflationary? Such
arguments do not speak well for the ad-
ministration's concept of the intelligence
of the American people. Again Mr. Presi-
dent and Mr. Secretary, please reconsider
your actions. The farmers of my district,
and of this Nation, pray that you will.
I
END THE WAR
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
woman from New York (Ms. Abzuc) is
recognized for 10 minutes.
Ms. ABZUG. Mr. Speaker, since No-
vember, our Nation's military activity in
Indochina has taken another sharp turn.
Now, many who supported President
Nixon in his campai^ for reelection are
bitterly criticizing hisjpenseless and cruel
bombing of civilians fm North Vietnam.
Thousands who vot^ for him now say
that they would not have done so had
they known that his promise of immedi-
ate peace was merely campaign oratory,
that within a few days he would order
the most savage bombing yet inflicted
upon the innocent citizens of North
Vietnam.
The Democratic caucus voted last
Tuesday — by the wide margin of 154 to
75 — to make it Democratic policy in the
93d Congress to cut off funds for the war
and to terminate our involvement in it
immediately. This is a notable first step
toward both peace and the reassertion of
the constitutional powers and responsi-
bilities of the Congress.
Now, Congress itself must act to cut
off all funds — including funding of Presi-
dent Thieu's military activities — for the
war in Indochina. We must not allow
Mr. Nixon or Mr. Thieu to veto our hopes
and desires for peace. The announce-
ments in October by North Vietnam and
by Dr. Kissinger form a clear basis for
the signing of a treaty and the return of
our prisoners of war.
When the 93d Congress convened on
Wednesday, I introduced a bill providing
for an immediate halt to our bombing in
Indochina, and a cutoff of all military
funds — including funds for Mr. Thieu
and for civilians paid by the Department
of Defense — for military operations in or
over Indochina. I include at the conclu-
sion of my remarks the text of that
measure and a short but powerful essay
which appeared in yesterday's New York
Times.
Our course is clear. We must stop the
bombing at once, withdraw from Indo-
china at once, and cut off funds for the
dictatorship of Nguyen Van Thieu at
once. We must have peace.
The materiaMoUows:
' H.R. 233
A bill to provide for an Immediate end to
United States Involvement In hostilities In
and over Indochina, for the signing of a
peace agreement with the Democratic
Republic of Vietnam, and for the with-
drawal of all United States armed forces
and Defense Department personnel from
Indochina, and for other purposes.
Be it eriacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That (a) the
Congress finds and declares that the Inter-
ests of the people of the United States, Indo-
china, and the entire world will best be
advanced by —
(1) the Immediate cessation of all United
States Involvement In hostilities In Indo-
china;
(2) the signing of a peace agreement with
the Democratic Republic of Vietnam by the
United States, with or without the concur-
rence of the Government of the Republic of
Vietnam headed by Nguyen Van Thieu: and
(3) the withdrawal of all United States
military forces from Indochina.
(b) In order that the ends set forth In
subsection (a) of this section be assured, it
Is intended by the Congress that sections
2.3. and 4 of this Act be interpretated strictly
against the President and those under his
command, and that no exceptions, direct or
Indirect, to the requirements of such sections
shall be permitted.
Sec. 2 No funds heretofore or hereafter
appropriated may be expended after the date
of enactment of the Act to conduct or con-
tinue offshore naval bombardment or min-
ing of. or to bomb, rocket, or otherwise at-
tack by air any target within, Laos, Cambodia,
Thailand, the Republic of Vietnam, or the
Democratic Republic of Vietnam, Including
the territorial waters of those nations and
the high seas adjacent to such territorial
waters.
Sec. 3. In the absence of a signed peace
agreement between the United States and
the Democratic Republic of Vietnam, all
United States military and paramilitary per-
sonnel (Including civilians employed by the
Department of Defense), equipment, and
supplies shall be totally, completely, and
finally withdrawn from Laos, Cambodia,
Thailand, the Republic of Vietnam and the
Democratic Republic of Vietnam not later
January 6, 1973
CONGRESSIONAL RECORD — HOUSE
407
than thirty days following the date of en-
actment of the Act.
SEC. 4. Beginning thirty days after the date
of enactment of this Act —
(a) no funds therefore or thereafter ap-
propriated may be expended to support the
deployment of United States military or
paramilitary personnel (including civilians
employed by the Department of Defense or
paid in whole or in part with funds appro-
priated by the Department of Defense), or
any other military or paramilitary personnel
under the control or in the pay of thQ United
States In, or the conduct of military or para-
military operations in or over, the Republic of
Vietnam, the Democratic Republic of Viet-
nam. Laos. Cambodia, or Thailand; and
(b) no funds theretofore or thereafter ap-
propriated may be expended to provide, di-
rectly or indirectly, any military or para-
military asistance to the Government of the
Republic of Vietnam.
(From the New York Times, Jan. 5. 1973]
What Can We Do?
(By Vercors>)
Paris. — Where Is the difference? Between
the devastation of Guernica by the planes
of Hitler and the devastation of Hanoi by
those of Mr. Nixon, where is the difference?
Between the raids of terror over Hanoi to
force the Vietnamese to surrender and the
raids of terror over Warsaw to force the
Polish, over Rotterdam to force the Dutch
to surrender, over Coventry to force the
British (but Churchill did not surrender and
the Vietnamese do not) where Is the differ-
ence? Between the shredded Infants of Spain
and the shredded infants of Hanoi? At the
time of Guernica. Warsaw, Rotterdam and
Coventry what raised the world's conscience
»1th a sacred horror was the recurrence,, by
the win of one man and his military ad-
visers, of the most barbarous, the cruelest,
the most horrifying, the most homicidal
means to win a political design. It was the
return to Sardanapalus and to Nero multi-
piled by ten, multiplied by a hundred. The
world fought five years against that, against
the incredible return of forgotten practices,
that one thought had disappeared forever.
America was not the least fierce nor the least
slncare in that struggle to establish between
nations a minimum of civilized relations. It
was America which by Its Initiative (the
creation of the U.N.) showed most visibly that
will of healing. And now it is America today
that brings back Guernica, Warsaw, Rotter-
dam—that brings us the equivalent of Hiro-
shima. In order to make an adversary sur-
render and to make a political design suc-
ceed.
During more than twenty years, how many
have not been able to return to Germany
because they would not know what hands
would be offered there to grasp. If those that
would be held out to shake would not be
stained by the blood of the Innocent. For a
whole people were silenced by Hitler, had
submitted at first, then accepted and covered
up his crimes. A courageous resistance had
struggled there In the beginning, a few
months and then there was no more resist-
ance. And that Is recurring — this time In
America! There have been without doubt a
few beautiful and courageous movements of
protest, of opposition — but now? One listens
closely, but If anything remains It Is verj'
weak, and In spite of the few brave ones still
left, they are obliterated in the soft silence
of a consenting population. And will it hap-
pen that we win not be able to shake the
hand of one of these Americans as we coula
no longer shake the hand of a German not
so very long ago?
But if this is true for us what can we do?
We weep and I weep, that comforts. You will
say to me what else can we do? I don't know, I
don't know. Seeing that Russia doesn't dare
anything, that China can't, that Europe
doesn't want to, Mr. Nixon and his Pentagon
feel themselves all-powerful, and this power
Intoxicates them. They feel they are masters
of the world. They know they can, If they
want, do ten times worse than Hitler without
risking the same fate, and this power intoxi-
cates them. And we know that at least for
the near future they will do what they want
without anyone opposing It. For the moment
they are content with transposing an entire
land Into a lunar landscape and an entire
people Into deadmen from out of the Stone
Age. And perhaps before having totally ar-
rived to that point, they will have In effect,
by means of blood and suffering, Imposed
their political design on Indochina, as Hitler
did on the Spanish, the Polish, the Dutch,
And If that ever happens It will be more hor-
rible. Because the Nero-Uke shadow of Nixon
will hover over all of us who will have done
nothing to have stopped him. And we will
believe we are free when It will no longer
be but the surveillant freedom of vassals.
' Vercors is a pen name for Jean Bruller,
author and engraver. This originally appeared
la the French paper, Le Monde.
COSPONSORS SOUGHT FOR COUN-
CIL ON ENERGY POLICY
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from California (Mr. Van Deerlin)
is recognized for 5 minutes.
Mr. VAN DEERLIN. Mr. Speaker, with
Congressman Conte as principal cospon-
sor we are today offering legislation to
establish a Council on Energy Policy in
the White House. Last year, a total of 71
Members — 36 Democrats and 35 Republi-
cans— endorsed a similar proposal. Un-
fortunately, the bill was introduced too
late in the session to permit considera-
tion by the Committee on Interstate and
Foreign Commerce, to which the meas-
ure was referred.
I know that many of our colleagues
would like to support this legislation
again, and at an appropriate time in the
near future Mr, Conte and I intend to so-
licit additional cosponsors.
The Coimcil we are proposing would
be essentially a planning body, purely
advisory in nature: it would in no way
encroach on the powers of existing agen-
cies.
But the Council would give us what we
now sorely lack: coherence and hope-
fully, a new sense of direction in shap-
ing new policies to cooe with the much
discussed energy crisis.
It is clear we cannot afford much more
delay in coming to grips with this prob-
lem. Already, the United States must im-
port at least 10 percent of its energy,
principally in the form of oil. Worse yet,
we seem to have achieved maximum pro-
duction rates for oil and gas: we cannot
count on stepped-up domestic production
of these fossil fuels to meet anticipated
future demands. It is anticipated in many
quarters that by 1985 less than two-
thirds of our total energy requirements
will be supplied by domestic sourcej. Un-
less the picture suddenly brightens, we
will have to obtain the balance through
imports, or learn to start doing without —
net a very pleasant prospect for a society
as energized as ours.
The Council would consist of three au-
thorities who could be appointed by the
President immediately on enactment of
thLs legislation. In my view, this would
have the immediate advantage of greater
timeliness over other suggestions, such
as one calling for the creation of a De-
partment of Natural Resources, that have
been advanced for improving energ>' re-
sources planning. The Council could be
formed at once, while it might take years
to make a huge, new Cabinet-level de-
partment fully operational.
Text of the legislation follows:
H.R. 1258
A bill for the establishment of a Council
on Energy Policy
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That (a)
there shall be created in the Executive Of-
fice of the President a Council on Energy
Policy (hereinafter referred to as the "Coun-
cil"). The Council shall be composed of
three members who shall be appointed by
the President, by and with the advice and
consent of the Senate. The members of the
Council shall serve for five-year terms, ex-
cept that of the three such members first
appointed one shall be appointed for a two-
year term and one for a four-year term, as
designated by the President at the time of
appointment. The President shall designate
one of the members of the Council to serve
as Chairman. Each member shall be a per-
son who, as a result of his training, experi-
ence, and attainment. Is well qualified to
analyze and Interpret energy trends and in-
formation of all kinds; to appraise programs
and activities of the Federal Government in
the light of the energy needs of the Nation;
to be conscious of and responsive to the
scientific, economic, social, esthetic, and cul-
tural needs and Interests of the Nation; and
to formulate and recommend national pol-
icies with respect to energy. Nol more than
two members of the Council shall be ap-
pointed from the same political party.
(bMl) The Council shall serve as the
principal adviser to the President and Con-
gress on energy policy, exercising leadership
In formulating Government policy concern-
ing domestic and International energy is-
sues, and shall assist In developing plans
and programs which take full advantage of
the Nation's technological capabilities In
developing clean energy and in conserving
energv resources. In addition the Council
shall help formulate policies for, and co-
ordinate operations of, energy resources and
facilities owned or controlled by the Fed-
eral Government. The Council shall prepare
for the President in cooperallon with the
CouncU on Environmental Quality and with
the assistance of other Interested depart-
ments and agencies the annual Energy Re-
port required by subsection (f).
(2) (A) All legislative recommendations
and reports to Congress of Federal agencies,
to the extent such recommendations and re-
ports deal with energy matters, shall be sub-
ject to the approval of the Council.
(B) The Council shall make recommenda-
tions to the President and Congress for re-
solving conflicting policies of Federal agen-
cies.
(C) The CouncU shall recommend policies
to Federal and State agencies respecting pow-
er emergencies.
(3) The CouncU shall develop a long-range,
comprehensive plan for energy utUlzatlon in
the United States, and shall provide assist-
ance to any executive agency concerned with
energy and power In the United States.
(4) All agencies of the Federal Govern-
ment shall include In every recommendation
or report on proposals for legislation and
other major Federal actions having a signif-
icant effect on energy availability or use a
detailed statement by the responsible official
08
CONGRESSIONAL RECORD — HOUSE
January 6, 1973
c n whether such proposal or action Is con-
slstent with the long-range plan formulated
I nder paragraph (3). If such proposal or
Ectlon is not consistent with such plan, the
statement shall also contain a detailed Jus-
tification for the proposal or action.
I D ) Neither the Council nor Its members
I lay refuse to testify before or submit Infor-
ixatlon to either House of Congress or any
c uly authorized conunittee thereof.
(c) In exercising its powers, functions,
i nd duties under this section, the Council
J hall—
1 1 ) consult with representatives of science,
iiidustry. agriculture, labor, conservation or-
1 anlzatlons. State and local governments and
( ther groups, as It deems advisable; and
(2) utilize, to the fullest extent possible,
the services, facilities, and information (in-
( Hiding statistical information) of public and
jirivate agencies and organizations, and in-
(ilvlduals. In order that duplication of effort
i nd expense may be avoided, thus assuring
1 hat the Council's activities will not unneces-
sarlly overlap or conflict with similar ac-
1 ivlties authorized by law and performed by
(stablished agencies.
id) Members of the Council shall serve
lull time and the Chairman of the Council
; hall be compensated at the rate provided for
l,everil of the Executive Schedule Pay Rates
^qJ/^SC. 5313). The other members of the
"( "ouncil shall be compensated at the rate pro-
' tded for Level IV of the Executive Sched-
ule Pay Rates (5 USC. 5315.)
lei The Council may employ such officers
I nd employees as may be necessary to carry
<iut its functions under this section. In ad-
dition, the Council may employ and fix the
I ompensation of such experts and consult-
1 .nts as may be necessary for the carrying out
(if Its functions under this section. In ac-
( ordance with section 3109 of title 5, United
! itates Code ( but without regard to the last
ientence thereof).
(fi The President shall cause to be pre-
jared and submitted to the Congress on or
lefore January 1. 1974. and annually there-
after, an Energy Report. The report shall
nclude —
( 1 ) an estimate of energy needs for the
'iisuing ten-year period to meet the requlre-
nents of the national defense, the commer-
■lal.and industrial life of the country, and
he general welfare of the people of the
Jnlted States:
(2) an estimate of the domestic and for-
itgn energy supply on which the United
states will be expected to rely to meet such
\eeds In an economical manner with due
■egard for the protection of national security,
ind the environment and the conservation of
latural resources:
(3 1 current and foreseeable trends in the
quality, management and utilization of ener-
;v resources and the effects of those trends
)n the social, economic, and other requlre-
nents of the Nation:
i4i a review and appraisal of the adequacy
md appropriateness of technologies, pro-
edures. and practices, including regulatory
jractices. employed to achieve the foregoing
jbjectives;
1 5 I recommendations for the development
ind application of new technologies, proce-
lures. and practices which he may deter-
nine to be required to achieve such objec-
:ives: and
(6i recommendations for legislation.
igy There are authorized to be appropriated
;o carry nut the provisions of this section not
;o exceed -saoO.OOO for fiscal year 1974. $750.-
)00 for fiscal year 1975. and $1,000,000 for
;ach fiscal vear thereafter.
Mr. Steele (at the request of Mr. Ger-
ald R. Ford), from the close of business
January 3 through January 19, on ac-
count of oflRcial business.
LEAVE OF ABSENCE
By unanimous consent, leave of ab-
sence was granted as follows to:
Mr.
Mr.
SPECIAL ORDERS GRANTED
By unanimous consent, permission to
address the House, following the legis-
lative program and any special orders
heretofore entered, was granted to :
Mr. Gonzalez, for 5 minutes, today, to
revise and extend his remarks and in-
clude ejctraneous matter.
indall, for 60 minutes, on Tues-
day.'^Jaf^iary 9 and to revise and ex-
tend his rcfnarks and include extraneous
matter.
I The following Members 'at the re-
quest of Mr. Anderson of Illinois > , to re-
vise and extend their remarks, and to in-
clude extraneous matter:)
Mr. Wyman, today, for 20 minutes.
Mr. Steele, today, for 10 minutes.
Mr. QuiE, today, for 15 minutes.
Mr. Hansen of Idaho, today, for 15
minutes.
Mr. FiNDLEY, today, for 5 minutes.
Veysey, today, for 10 minutes.
Bell, today, for 5 minutes.
Mr. Heinz, today, for 5 minutes.
Mr. Myers, today, for 5 minutes.
Mr. Duncan, today, for 10 minutes.
(The following Members (at the re-
quest of Mr. Ryan > , to revise and extend
their remarks and to include extraneous
matter: >
Mr. Annunzio, today, for 5 minutes.
Mr. Rosenthal, today, for 30 minutes.
Mr. Reuss, today, for 30 minutes.
Mr. Rarick, today, for 5 minutes.
Mr. Gonzalez, today, for 5 minutes.
Mr. Eilberg, today, for 5 minutes.
Mr. Kastenmeier, today, for 5 minutes.
Mr. Harrington, today, for 5 minutes.
Mr. Anderson of California, today, for
20 minutes.
Mr. Runnels, today, for 5 minutes.
Mr. KocH, today, for 5 minutes.
Mr. BuRLisoN of Missouri, today, for 5
minutes.
Mr. Mills of Arkansas, today, for 10
minutes.
Ms. Abzug, today, for 10 minutes.
Mr. Reuss, on January 9, for 30 min-
utes.
Mr. Reuss, on January 10, for 30 min-
utes.
Mr. Ullman. today, for 30 minutes.
Mr. Van Deerlin. today, for 5 minutes.
EXTENSION OP REMARKS
By imanimous consent, permission to
revise and extend remarks was granted
to:
Mr. Bennett and to include extraneous
matter.
Mr. CoRMAN and to include extraneous
matter in the body of the Record not-
withstanding the estimated cost of
$977.50.
Mr. SiKEs in five instances.
Mr. Stratton on two instances, and to
include extraneous material.
I The following Members (at the re-
quest of Mr. Anderson of Illinois), and
to include extraneous matter:)
Mr. Rhodes in five instances.
Mr. Baker.
Mr. Bell in seven instances.
Mr. McCloskey.
Mr. Broomfield in six instances.
Mr. Crane in 10 instances.
Mr. Keating in four instances.
Mr. Cederberg in two instances.
Mr. Erlenborn.
Mr. FiNDLEY in two instances.
Mr. Derwinski in two instances.
Mr. Young of Florida in five instances.
Mr. CoNTE.
Mr. Duncan.
Mr. Symms in two instances.
Mr. Railsback in six instances.
Mr. Brotzman.
Mr. Du Pont.
Mr. HosMER in three instances.
Mr. Miller in five instances.
Mr. Bafalis in five instances.
Mr. Heinz in three instances.
Mr. Burke of Florida in two instances.
Mr. Talcott in three instances.
Mr. Mizell in six instances.
Mr. RiEGLE.
Mr. ScHERLE in five instances.
Mr. Carter in two instances.
Mr. Gerald R. Ford in three instances.
Mr. Hutchinson.
Mr. Michel in five instances.
Mr. McClory.
Mr. Steiger of Wisconsin.
Mr. Young of Illinois in three in-
stances.
Mr. Collier in three instances.
'The following Members (at the re-
quest of Mr. Ryan and to include ex-
traneous matter: >
Mr. Mann in 10 instances.
Mr. Gonzalez in three instances.
Mr. Rarick in five instances.
Mr. Rosenthal in 10 instances.
Mr. Patten.
Mr. O'Hara in three instances.
Mr. Kastenmeier.
Mr. Waldie in two instances.
Mr. Teague of Texas in 10 instances.
Mr. Edwards of California.
Mr. Eilberg in 10 instances.
Mrs. Grasso in 10 instances.
Mr. Wolff in two instances.
Mr. HOLIFIELD.
Mr. Danielson.
Mr. RoDiNO.
Ms. Abzug in 10 instances.
Mr. Bingham in three instances.
Mr. Chappell in two instances.
Mr. Eraser in five instances. '
Mr. Denholm in three instances.
Mr. Anderson of California in five in-
stances.
Mr. RoNCALio of Wyoming. '
Mr. Fulton.
Mr. Udall.
Mr. Vanik in two instances.
Mr. Koch in 10 instances.
Mr. Pickle in two instances.
Mr. Carey of New York in two in-
stances.
Mr. Ullman in 10 instances.
Mr. Kyros.
Mr. Moorhead of Pennsylvania in six
instances.
Mr. AspiN in 10 instances.
Mr. Hamilton in six instances.
Mr. Stokes.
Mr. Reuss.
Mr. Jones of Alabama.
Mr. Fisher in three instances.
ADJOURNMENT
Mr. RYAN. Mr. Speaker, I move that
the House do now adjourn.
The motion was agreed to: according-
ly (at 2 o'clock and 16 minutes p.m.),
under its previous order, the House ad-
journed until Tuesday, January 9, 1973,
at 12 o'clock noon.
CONGRESSIONAL RECORD— HOUSE
409
REPORTS OF COMMITTEES ON PUB-
LIC BILLS AND RESOLUTIONS
Under clause 2 of rule XIII, reports of
committees were delivered to the Clerk
for printing and reference to the proper
calendar, as follows:
(The following report is submitted pursuant
to section 118, Public Law 92-136)
{January 2, 1973)
Mr. CELLER; Committee on the Judiciary.
Report on activities during the 92d Congress
of the Committee on the Judiciary iRept. No.
92-1636). Referred to the Committee of the
Whole House on the State of the Union.
[Filed prior to 12 noon: Pursuant to sec-
tion 118. Public Law 92-136, the following
report is submitted]
Mr. ICHOBD: Committee on Internal
Security. Report on activities during 92d
Congress of the Committee on Internal
Security (Rept. No. 92-1637) . Referred to the
Committee of the Whole House on the State
of the Union.
EXECUTIVE COMMUNICATIONS,
ETC.
Under clause 2 of rule XXIV, executive
communications were taken from the
Speaker's table and referred as follows:
194. A letter from the Commissioner of the
District of Columbia, transmitting a report
of action by the District of Columbia gov-
ernment on the recommendations of the
Commission on the Organization of the Gov-
ernment of the District of Columbia; to the
Committee on the District of Columbia.
Received Prom the Comptroller General
195. A letter from the Comptroller General
of the United States, transmitting a report
of the examination of the financial state-
ments of the Veterans Canteen Service, Veter-
ans Administration, for fiscal year 1972, pur-
suant to 38 United States Code 4207; to the
Committee on Goverrunent Operations.
196. A letter from the Commissioner, Im-
migration and Naturalization Service, De-
partment of Justice, transmitting reports
concerning visa petitions approved according
certain beneficiaries third and sixth prefer-
ence classification, pursuant to section 204
Id) of the Immigration and Nationality Act,
as amended; to the Committee on the Judi-
ciary.
PUBLIC BILLS AND RESOLUTIONS
Under clause 4 of rule XXII. public
bills and resolutions were introduced and
severally referred as follows:
By Mr. BEVILL:
HJi. 1381. A bill to establish an executive
department to be known as the Department
of Education, and for other purposes; to the
Committee on Government Operations.
H.R. 1382. A bill to provide for the estab-
lishment of the Cathedral Caverns National
Moniunent in the State of Alabama, and for
other purposes; to the Conunittee on Inter-
ior and Insular Affairs.
By Mr. BEVILL (for himself, Mr.
Nichols, Mr. Dickinson, and Mr.
Flowers) :
H.R. 1383. A bill to provide for orderly trade
in Iron ore, iron, and steel mill products; to
the Committee on Ways and Means.
By Mr. BRINKLEY:
H.R. i384. A bill to amend the Federal
Trade Commission Act (15 U.S.C. 41) to pro-
vide that under certain circumstances exclu-
sive territorial arrangements shall not be
deemed unlawful; to the Committee on In-
terstate and Foreign Commerce.
H.R. 1385. A bill to amend the Communi-
cations Act of 1934 to establish orderly pro-
cedures for the consideration of applications
for renewal of broadcast licenses; to the Com-
mittee on Interstate and Foreign Commerce.
By Mr. BROOMFIELD:
H.R. 1385. A bill to amend title 13, United
States Code, to provide for a mlddecade
census of population In 1975 and every 10
years thereafter, to prescribe February 1 as
the census date for the 1975 and later cen-
suses of population, to limit the categories
of questions to be aiiswered in mlddecade
censuses, to provide for census recounts of
population, and for other purposes: to the
Committee on Post Office and Civil Service.
By Mr. CASEY of Texas (for himself
and Mr. Pepper) :
H.R. 1387. A bill to strengthen the penalty
provisions of the Gun Control Act of 1968:
to the Committee on the Judiciary.
By Mr. EDWARDS of Alabama:
H R. 1388. A bill to provide that the fiscal
year of the United States shall coincide with
the calendar year: to the Committee on Gov-
ernment Operations.
H.R. 1389. A bill to restore to persons
having claims against the United States their
right to be represented by legal counsel of
their own choosing; to the Committee on
the Judiciary.
H.R. 1390. A bill to amend title 5 of the
United States Code with respect to the ob-
servance of Veterans Day; to the Committee
on the Judiciary.
H.R. 1391. A bill to amend title 28 of the
United States Code to provide that any judge
or Justice of the United States appointed to
hold office during good behavior shall retire
from regular active service upon attaining
the age of 70 years; to the Committee on the
Judiciary.
HR. 1392. A bill to amend the Federal
Trade Commission Act (15 U.S.C. 41) to pro-
vide that under certain circumstances ex-
clusive territorial arrangements shall not be
deemed unlawful: to the Committee on In-
terstate and Foreign Commerce.
H R. 1393. A bill to provide that the reser-
voir formed by the lock and dam referred to
as the "Jones Bluff lock and dam" on the
Alabama River. Ala., shall hereafter be known
as the Robert F. Henry lock and dam: to the
Committee on Public Works.
H.R. 1394. A bill to amend the Internal
Revenue Code of 1954 with respect to the
tax-exempt status of. and the deductibility
of contributions to, certain private schools:
to the Committee on Ways and Means.
HR. 1395. A bill to amend the Internal
Revenue Code of 1954 to exempt tank truck
hoses and couplings sold by dealers in in-
dustrial equipment and supplies from the
manufacturers excise tax on truck parts: to
the Committeee on Ways and Means.
H.R. 1396. A bill to amend the Internal
Revenue Code of 1954 to provide a credit
against the individual Income tax for cer-
tain expenses of higher education; to the
Committee on Ways and Means.
By Mr. FISHER:
H.R. 1397. A bill to terminate the contrac-
tural relationship between the Federal and
State governments with respect to all por-
tions of the San Antonio North Expressway
between Interstate Highway 35 and Inter-
state Loop 410; to the Committee on Public
Works.
By Mr. HAMMERSCHMIDT:
H.R. 1398. A bill to authorize the construc-
tion of a bridge on lock and dam No. 13 on
the Arkansas River near Port Smith; to the
Committee on Public Works.
By Mr. HAMMERSCHMIDT (for him-
self. Mr. Alexander, Mr. Mills of
Arkansas, and Mr. Thornton) :
H.R. 1399. A bill to provide for a highway
bridge across the Norfolk Reservoir in Ar-
kaisas: to the Committee on Public Works.
By Mr. ECKHARDT (for himself, Mr.
AD.^Ms. Mr. Tiernan, Mr. Helstoski,
Mr. CoNYEHS. Mr. Drinan, Mr.
Mitchell of Maryland, Mr. Aspin,
and Ms. Abzug ) :
H R. 1400. A bill to require no-fault motor
vehicle insura ice as a condition precedent to
using the public streets, roads, and highways
in crder to promote and re:;ulate Interstate
commerce; to the Committee on Interstate
and Foreign Commerce
By Mr. HECHLER of West Virginia:
H.R. 1401. A bin to amend the Wild and
.Scenic River? Act of 1968 (82 Stat. 906) by
designating a portion of the Shavers Fork of
the Cheat River, W. Va., for study as a poten-
tial addition to the national wild and scenic
rivers system: to the Committee on Interir,r
and Insular Affairs.
By Mr. JOHNSON of California:
H.R. 1402. A bill to provide a sound physical
basis and au operational system for predict-
ing damajin^ earthquakes in heavily popu-
lated areai of California and Nevada; to the
Committee on Interior and Insular Affairs.
H.R. 1403. A bill to provide for the leasing
for commercial recreation purposes of cer-
tain lands and facilities of the forest reserves
created from the public domain, and for
other purposes; to the Committee on Interior
and Insular Affairs.
H.R. 1404. A bill to provide for the estab-
lishment of the Guam National Seashore, and
for other purposes; to the Committee on
Interior and Insular Affairs.
H.R. 1405. A bill to amend section 4182
of the Inter;ial Revenue Code of 1954; to the
Committee on Wavs and Means.
By Mr. XAZEN :
H.R. 1406. A bill to authorize the Secre-
tary of the Interior to construct, operate,
and maintain the Cibolo project, Texas, and
for other purposes; to the Committee o.i
Interior and Insular Affairs.
By Mr. KEMP:
H.R. i407. A bill to authorize a program
for the Improvement and restoration cf the
Buffalo River Basin. N.Y.; to the Committee
on Public Works.
H.R. 1408. A bill to amend the Flood Con-
trol Act of 1970; to the Committee on Public
Works.
H.R. 1409. A bill to Improve and Implement
procedures for fiscal controls In the U.S. Gov-
ernment, and for other purposes; to the Com-
mittee on Rules.
By Mr. PEYSER:
H.R. 1410. A bin to amend the Elementary
and Secondary Education Act of 1965 to pro-
vide Federal assistance for Interscholastic
athletic programs in secondary schools asso-
ciated with community Improvement pro-
grams; to the Committee on Education and
Labor.
H.R. 1411. A bill to provide for the regula-
tion of surface coal mining, for the conser-
vation, acquisition, and reclamation of sur-
face areas affected by coal mining activities,
and for other purposes; to the Committee on
Interior anW Insular Affairs.
H.R. 14li2. A bill to repeal the limitation
imposed by section 1130 of the Social Security
4.0
CONGRESSIONAL RECORD— HOUSE
January 6, 1973
Ait upon the amount payable to States as
gi ants for social services under the various
Fi deral -State public assistance programs,
si ch as day care; to the Committee on Ways
ai d Means.
H.R. 1413. A bill to amend the Social Se-
c\. rlty Act to provide that futxire Increases
In retirement or disability benefits under
F< deral programs shall not be taken into
consideration In determining a person's need
fo ■ aid or assistance under any of the Fed-
er il-State public assistance programs, and
for other purposes; to the Committee on
W^ys and Means.
By Mr. RARICK:
H.R. 1414. A bill to repeal U.S. membership
In the United -Rations and any organ and
sp 9Ciallzed agency thereof, and for other
p\ rposes; to the Committee on Foreign Af-
f4rs.
By Mr. REUSS (for himself, Ms. Abztjg,
Mr. Adams. Mr. Addabbo, Mr. Aspin,
Mr. Badillo, Mr. Bell. Mr. Berc-
LAKD, Mr. Bevill, Mr. Bingham, Mr.
BoLAND, Mr. Brademas, Mr. Brown of
California. Mr. Carney of Ohio, Mrs.
Chisholm. Mr. Ci.ark. Mr. Conyers,
Mr. Gorman, Mr. Cotter, Mr.
Cronin. Mr. W. C. (Dan) Daniel,
Mr. Danielson. Mr. Dices, Mr. Dinc-
ell. and Mr. Drinan) :
H R. 1415. A bill to provide for programs
of public service employment for unem-
ployed persons, to assist States and local
cc mmunltles In providing needed public
S6 rvices. and for other purposes: to the Com-
mittee on Education and Labor.
By Mr. REUSS (for himself, Mr. Dul-
SKi, Mr. EcKHARDT, Mr. Edwards of
California. Mr. Eilberg. Mr. Faunt-
ROT, Mr. Pish, Mr. Flood, Mr. Wil-
liam D. Ford. Mr. Oaydos, Mr. Gib-
bons, Mr Green of Pennsylvania,
Mr. Harrington, Mr. Hays, Mr.
Hechler of West Virginia, Mr. Hel-
STOSKi, Mr Hicks. Miss Jordan, Mr.
Kastenmeier. Mr. Koch, Mr. Kyros,
Mr. Leggett, Mr. Lehman, Mr. Mad-
den, and Mr. Meeds) :
H.R. 1416. A bill to provide for programs
o: public service employment for unem-
p oyed persons, to assist States and local
cc mmunltles providing needed public serv-
ic ;s, and for other purposes; to the Commlt-
teje on Education and t'bor.
By Mr. REUSS (for himself, Mr. Met-
calfe. Mrs. Mink, Mr. Mitchell of
Maryland. Mr. Moakley, Mr. Moor-
head of Pennsylvania. Mr. Morgan,
Mr. Moss, Mr. Murphy of Illinois,
Mr. Nedzi, Mr. Nix, Mr. Obey, Mr.
Pepper, Mr. Podell, Mr. Price of Illi-
nois, Mr. Rees, Mr. Rodino, Mr.
Rooney of Pennsylvania. Mr. Rosen-
thal, Mr. ROYBAL. Mr. Sarbanes, Mr.
Seiberlinc. Mr James V. Stanton,
Mr. Steele, and Mr. Stokes) :
H.R. 1417. A bill to provide for programs
ol public service employment for unem-
ployed persons, to assist States and local
C( mmunltles in providing nee'ded public
« rvices, and for other purposes; to the Com-
iqlttee on Education and Labor.
By Mr. REUSS (for himself, Mr.
Studds, Mr. Symington, Mr. Tier-
nan, Mr. Waldie. Mr. Charles H.
Wilson of California, Mr. Wolft,
. and Mr. Yatron) :
HR. 1418. a bill to provide for prograL
oj public service employment for unemploy^
ejl persons, to assist States and local com-
unltles in providing needed public services,
ahd for other purposes: to the Committee on
Eflucatlon and Labor.
By Mr TALCOTT:
H.R. 1419. A bill to amend the Federal
^eat Inspection Act to require that imported
n leat and meat food products made In whole
o: in part of imported meat be labeled "im-
ported" at ai: stages of distribution until de-
livery to the ultimate consumer; to the Com-
mittee on Agriculture.
H.R. 1420. A bill to authorize the Secretary
of Agriculture to cooperate with the States
and subdivisions thereof In the enforcement
of State andlocal laws, rules, and regulations
within the national forest system; to the
Committee on Agriculture.
H.R. 1421. A bill to prohibit the payment of
subsidies and similar benefits to producers
In States which have failed to enact adequate
farm labor laws; to the Committee on Agri-
culture.
H.R. 1422. A bill to equalize the retired pay
of members of the uniformed services retired
prior to June 1, 1958, whose retired pay Is
computed on laws enacted on or after October
1, 1949; to the Committee on Armed Services.
H.R. 1423. A bill to authorize pay and
benefits for members and survivors of mem-
bers of the Philippine Scouts on the same
basis as such pay and benefits are author-
ized for other members of the Armed Forces
and their survivors; to the Committee on
Armed Services.
H.R. 1424. A bin to establish a universal
food service and nutrition education pro-
gram for children; to the Committee on
Education and Labor.
H.R. 1425. A bill to amend the National
Labor Relations Act to require a vote by em-
ployees who are on strike, and for other
purposes; to the Committee on Education
and Labor.
H.R. 1426. A bill to amend title I of Pub-
lic Law 874, 81st Congress, to provide finan-
cial assistance to local educational agencies
for the education of children of migrant
agricultural ( mployees; to the Committee
on Education and Labor.
H.R. 1427. A bin to provide grants to
States or political subdivisions thereof or
to certain other persons to assist the resto-
ration of historical cemeteries or burial
plots, and for other purposes; to the Com-
mittee on Interior and Insular Affairs.
H.R. 1428. A bill to amend the act of
June 15, 1912 (37 Stat. 134), to permit an
exchange of lands In the State of California;
to the Committee on Interior and Insular
Affairs.
H.R. 1429. A bill to provide for the arrest
and punishment of violators of certain laws
and regulations relating to the public lands;
to the Committee on Interior and Insular
Affairs.
H.R. 1430. A bill to amend the Communi-
cations Act of 1934 to establish orderly pro-
cedures for the consideration of applications
for renewal of broadcast licenses; to the
Committee on Interstate and Foreign Com-
merce.
H.R. 1431. A bill to repeal the lowest unit
rate provisions of section 315(b) of the Com-
munications Act of 1934; to the Committee
on Interstate and Foreign Commerce.
H.R. 1432. A bin to authorize the Secretary
of the Interior to study the most feasible
and desirable means of establishing Mon-
terey Bay, the coastal areas of Santa Cruz,
Monterey, and San Luis Obispo Counties,
Calif., certain portions of the tldelands,
Outer Continental Shelf, and seaward areas
of the United States as marine sanctuaries,
and for other purposes; to the Committee on
Merchant Marine and Fisheries.
H.R. 1433. A bill to repeal section 3108 of
title 5, United States Code, which prohibits
the employment by the Federal and District
Columbia governments of individuals em-
ployeQ"^»iiLdetectlve agencies; to the Commit-
tee on Posl^Offlce and Civil Service.
H.R. 1434. A bill to strengthen and Improve
the private retirement system by establish-
ing minimum standards for participation in
and for vesting of benefits under pension and
profit-sharing retirement plans, by allowing
deductions to individuals for personal sav-
ings for retirement, and by Increasing con-
tribution limitations for self-employed indi-
viduals and shareholder-employees or^ect-
Ing small business corporations; to the Com-
mittee on Ways and Means.
H.R. 1435. A bill to impose Import limita-
tions on prepared or preserved strawberries;
to the Committee on Ways and Means.
H.R. 1436. A bill to require imported food-
stuffs to meet standards required by the Fed-
eral Government for domestic foodstuffs; to
the Committee on Ways and Means.
H.R. 1437. A bill to provide for the estab-
lishment of a Commission on Revision of
Federal Taxation; to the Committee on Ways
and Means.
H.R. 1438. A bill to amend the Internal
Revenue Code of 1954 to extend the head of
hotisehold benefits to unremarried widows
and widowers, and Individuals who have at-
tained age 35 and who have never been mar-
ried or who have been separated or divorced
for 1 year or more, who maintain their own
households; to the Committee on Ways and
Means.
H.R. 1439. A bill to authorize the distribu-
tion of a portion of the Federal tax revenue
to the States for elementary and secondary
education purposes: to the Committee on
Ways and Means.
H.R. 1440. A bin to amend the Internal
Revenue Code of 1954 to restore the provi-
sions permitting the deduction, without re-
gard to the 3 -percent and 1 -percent floors, of
medical expenses Incurred for the care of in-
dividuals 65 years of age and over; to the
Committee on Ways and Means.
H.R. 1441. A bill to amend section 213 of
the Internal Revenue Code of 1954 to provide
that certain expenses of child adoption shall
be treated as medical expenses; to the Com-
mittee on Ways and Means.
H.R. 1442. A bin to amend the Internal
Revenue Code of 1954 to authorize deduc-
tion from gross income for certain expenses
of employing full-time household help: to
the Committee on Ways and Means.
H.R. 1443. A blU to amend the Internal
Revenue Code to 1954 to authorize a deduc-
tion from gross Income for certain contri-
butions to the support of an aged parent
or divorced mother who is not gainfully
employed: to the Committee on Ways and
Means.
H.R. 1444. A bill to amend the Internal
Revenue Code of 1954 to authorize and fa-
cilitate the deduction f -om gross income by
teachers of the expenses of advanced educa-
tion (including certain limited travel) un-
dertaken by them, and 'o provide a uniform
method of proving e ititlement to such
deduction; to the Committee on Ways and
Means.
H.R. 1445. A bin to amend the Internal
Re^-enue Code of 1954 to allow a credit
against Income tax to employers for the ex-
penses of providing Job training programs;
to the Committee on Ways and Means.
H.R. 1446. A bill to amend the Internal
Revenue Code of 1954 to authorize a tax
credit for certain expenses of providing
higher education; to the Committee on Ways
and Means.
H.R. 1447. A bill relating to the treatment,
for purposes of the Federal Unemployment
Tax Act, of services performed by a student
or his spKiuse for, certain organizations op-
erated In connection with the school, col-
lege, or university which the student Is at-
tending; to the Committee on Ways and
Means.
H.R. 1448. A bill to amend the Internal
Revenue Code of 1954 to provide Income tax
simplification, reform, and relief for small
business; to the Committee on Ways and
Means.
H.R. 1449. A bUl to amend the Internal
Revenue Code of 1954 to provide that the re-
quirement of filing certain returns and the
tax on unrelated business Income shall not
apply to certain nonprofit social clubs, do-
Jammnj 6, 1973
CONGRESSIONAL RECORD — HOUSE
411
mestic fraternal societies, and veterans orga-
nizations; to the Committee on Ways and
Means.
H.R. 1450. A bUl to amend title II of the
Social Security Act to provide that an indi-
vidual who. In any month. Is eligible for a
disability determination or for disability In-
surance benefits but does not file application
therefor within the specified time may never-
theless (upon subsequently filing applica-
tion) obtain such a determination or become
entitled to such a benefit, regardless of the
length of time which has elapsed, if he was
theretofore incapable of executing the ap-
plication by reason of a physical or mental
condition; to the Committee on Ways and
Means.
H.R. 1451. A bUl to amend title II of the
Social Security Act to provide that no reduc-
tion shall be made in old-age Insurance bene-
fit amounts to which a woman Is entitled If
Shi has 120 quarters of coverage; to the Com-
mittee on Ways and Means.
By Mr. TALCOTT (for himself and Mr.
GtJBSER) :
H.R. 1452. A bin to designate certain lands
in the Pinnacles Natlou;.,l Monument In Cali-
fornia as wilderness; to the Committee on In-
terior and Insular Affairs.
By Mr. TALCOTT (for himself and Mr.
SiSK) :
H.R. 1453. A bill to regulate and foster
commerce among the States by providing a
uniform system for the application of sales
and use taxes to interstate commerce: to
the Committee on the Judiciary.
By Mr. ULLMAN:
H R. 1454. A bill to make rules governing
the use of the Armed Forces of the United
States in the absence of a declaration of
war by the Congress; to the Committee on
Foreign Affairs.
By Mr. VEYSEY:
H R. 1455. A bill to amend the Vocational
Rehabilitation Act to extend and revise the
authorization of grants to States for voca-
tional rehabilitation services, to authorize
grants for rehabilitation services to those
with severe disabilities, and for other pur-
poses: to the Committee on Education and
Labor.
H.R. 1456. A bin to amend title II of the
Social Security Act to increase to $4,000 the
amount of outside earnings permitted each
year without any deductions from benefits
thereunder; to the Committee on Ways and
Means.
By Mr. WALDIE:
H.R. i457. A bill to amend chapter 11 of
title 5, United States Code, to prohibit a
U.S. Civil Service Commissioner from en-
gaging in any other business or employ-
ment; to the Committee on Post Office and
Civil Service.
By Mr. WYDLER (for himself, Mr.
Lent, Mr. Roncallo of New York,
and Mr. Grover) :
H.R. 1458. A bUl to authorize certain
changes to be made in the F-14 aircraft pro-
curement program; to the Committee on
Armed Services.
By Mr. YOUNG of Florida;
H.R. i459. A bill to amend the Federal
property and Administrative Services Act of
1949 so as to permit donations of surplus
property to public museums; to the Commit-
tee on Goveriunent Operations.
By Mr. YOUNG of Florida (for him-
self and Mr. Brasco) :
H.R. 1460. A bUl to amend the Communi-
cations Act of 1934 to direct the Federal
Communications Commission to require the
establishment nationally of an emergency
telephone call referral system using the tele-
phone No. 911 for such calls; to the Com-
mittee on Interstate and Foreign Commerce.
By Mr. YOUNG of Florida :
H.R. 1461. A bill to provide for the conser-
vation, protection, and propagation of species
or subspecies of fish and wildlife that are
threatened with extinction or likely within
the foreseeable future to become threatened
with extinction; and for other purposes; to
the Committee on Merchant Marine and
Fisheries.
By Mr. BAFALIS:
H.J. Res. 128. Joint resolution proposing
an amendment to the Constitution of the
United States with respect to the right of
individuals to participate in prayers in pub-
lic schools; to the Committee on the Ju-
diciary. ^
ByMr. BEVILL:
H.J. Res. 129. Joint resolution proposing
an amendment to the Constitution of the
United States to provide for the mandatory
retirement of Judges of the Supreme Court
at the age of 70; to the Committee on the
Judiciary.
H.J. Res. 130. Joint resolution proposing
an amendment to the Constitution requiring
that Justices of the Supreme Court be recon-
firmed by the Senate every 10 years; to the
Committee on the Judiciary.
H.J. Res. 131. Joint resolution proposing
an amendment to the Constitution of the
United States prohibiting the use of the
U.S. mails for the transmission of communi-
cations hostile to the Constitution, laws, and
form of government of the United States
or any State; to the Committee on the Ju-
diciary.
H.J. Res. 132. Joint resolution proposing
an amendment to the Constitution of the
United States requiring the submission of
balanced Federal funds budgets by the Presi-
dent and action by the Congress to provide
revenues to offset Federal funds deficits; to
the Committee on the Judiciary^ "^
H.J. Res. 133. Joint resolution proposing
an amendment to the Constitution of the
United States with respect to the offering of
pryer In public buildings; to the Committee
on Judiciary.
By Mr. EDWARDS of Alabama:
H.J. Res 134. Joint resolution reciprocity
in U.S. territorial waters; to the Committee
on Foreign Affairs.
H.J. Res. 135. Joint resolution proposing an
amendment to the Constitution of the United
States relative to freedom from forced assign-
ment to schools or jobs because of race, creed,
or color; to the Committee on the Judi-
ciary.
By Mr. LANDRUM:
H.J. Res. 136. Joint resolution to provide for
the designation of the week of February 11
to 17, 1973, as "National Vocational Educa-
tion Week;" to the Committee on the Judi-
ciary.
By Mr. O'HARA (for himself, Mr. Alex-
ander, Mr. Annunzio, Mr. Ashley,
Mr. Boland, Mr. Brasco, Mr. Bray,
Mr. Brooks. Mr. Broomfield, Mr.
BuRLisoN of Missouri, Mrs. Chis-
holm, Mr. Clark, Mr. Collier, Mr.
Conyers. Mr. Dominick V. Daniels,
Mr. Dellenback, Mr. Dincell, Mr.
Esch, Mr. Evans of Colorado, Mr.
Mr. Fish, Mr. Flood, Mr. William D.
Ford, Mr. Giaimo, Mr. Grover. and
Mr. Hamilton) :
H.J. Res. 137. Joint resolution proposing an
amendment to the Constitution to provide
for the direct popular election of the Presi-
dent and Vice President of the United States;
to the Committee on the Judiciary.
By Mr. OHARA (for himself, Mr. Haw-
kins, Mr. Hechler of West Virginia,
Mr. Helstoski, Mr. Hunt, Mr. John-
son of Pennsylvania. Mr. Karth, Mr.
Koch, Mr. Kyros, Mr. Long of Mary-
land. Mr. Macdonald, Mr. Mee:is. Mr.
Michel, Mr. Mollohan, Mr. Morgan.
Mr. Moorhead of Pennsylvania, Mr.
Mosher, Mr. Moss, Mr. Nedzi, Mr.
Obey, Mr. Riegle, Mr. Rooney of
Pennsylvania. Mr. Thompson of New
Jersey, Mr. Wright, and Mr. Wyatt) :
H.J. Res. 138. Joint resolution proposing
an amendment to the Constitution to provide
for the direct popular election of the Presi-
dent and Vice President of the United States;
to the Committee on the Judiciary.
By Mr. OHARA (for himself, Mr.
Yatron and Mr. Vanik) :
H.J. Res. 139. Joint resolution proposing
an amendment to the Constitution to pro-
vide for the direct popular election of the
President and Vice President of the United
States; to the Committee on the Judiciary.
By Mr. SATTERFIELD:
H.J. Res. 140. Joint resolution proposing an
amendment to the Constitution of the United
States relative to freedom from forced as-
signment to schools or jobs because of race,
creed, or color; to the Committee on the
Judiciary.
By Mr. TALCOTT:
H. Con. Res. 44. Concurrent resolution ex-
pressing the sense of the Congress with re-
spect to the withdrawal of all American
forces from Vietnam; to the Committee on
Foreign Affairs.
By Mr. EDWARDS of Alabama:
H. Res. 101. Resolution to provide for
equitable and effective minority staffing on
House standing committees; to the Com-
mittee on Rules.
H. Res. 102. Resolution to amend the Rules
of the House of Representatives; to the Com-
mittee on Rules.
MEMORIALS
Under clause 4 of rule XXII, memorials
were presented and referred as follows:
4. By the SPEAKER: Memorial of the Leg-
islature of the State of California, relative
to the skill centers operated by the Los
Angeles Unified School District; to the Com-
mittee on Education and Labor.
5. Also, memorial of the Legislature of the
State of California, relative to the Genocide
Convention of the United Nations; to the
Committee on Foreign Affairs.
6. Also, memorial of the Legislature of the
State of California, relative to through traffic
at Yosemlte National Park; to the Committee
on Interior and Insular Affairs.
7. Also, memorial of the Legislature of the
State of California, relative to Veterans Day;
to the Committee on the Judiciary.
PRIVATE BILLS A^fD RESOLUTIONS
Under clause 1 of rule XXII, private
bills and resolutions were introduced and
severally referred as follows:
By Mr. MAILLIARD:
H. Res. 103. Resolution to refer the bni
H.R. 1350 entitled "A bill for the relief of
the Del Monte Fishing Company" to the
Chief Commissioner of the Court of Claims
in accordance with sections 1492 and ~ 2509
of title 28, United States Code; to the Com-
mittee on the Judlclarj'.
Bv Mr. BEVILL:
H.R. 1462. A bill for the relief of John R.
Poe; to the Committee on the Judiciary.
Bv Mr. CONTE :
H.R. 1463. A bUl for the relief of Emilia
Majowlcz; to the Committee on the Judi-
ciary.
H.R. 1464. A bin for the relief of Miss
Evelina Persello; to the Committee on the
Judiciary.
H.R. 1465. A bin for the relief of Pilomena
Quaranta; to the Committee on the Judi-
ciary.
H.R. 1466. A bill for the relief of Lulgl
Santanlello; to the Committee on the Judi-
ciary.
By Mr. EDWARDS of Alabama:
H.R. 1467. A bill for the relief of Abdul
Mannan; to the Committee on the Judiciary.
Bv Mr. FISHER :
H.R. 1468. A bill to authorize the Secretary
of the Armv, or his designee, to convey two
parcels of land at the Fort Sam Houston
Military Reservation in exchange for another
parcel of land; Committee on Armed Sen-ices.
41 >
and
'he Senate met at 12 o'clock meridian
was called to order by Hon. Sam
Nt;kN, a Senator from the State of
Ge )rgia.
PRAYER
"Ihe Chaplain, the Reverend Edward L.
Elson, D.D.. offered the following
pr£ yer:
Almighty God we thank Thee this day
a republic in which the will of the
people is expressed in free and open
for contests which illuminate
instruct the people in the purpose
direction of their own government;
the young who for the first time
haje exercised the franchise; and for
that makes enduring the institutions
rhich serve the common welfare, assure
onal freedom, and an ordered way of
for
elections;
an
anc
for
all
w
per
lifd
We
and
and
greit
pripe
all
and
eaith
of
fo
thd
is
for fe
\7e
£bov
To
E
ate
Nu:
to
CONGRESSIONAL RECORD — SENATE
I
SENATE— Safwrrfai/, January 6, 1973
January 6, 1973
beseech Thee to nourish the people
their leaders in the spiritual verities
moral qualities which make a nation
and good and strong. Cast out
. violence, greed, and injustice and
that obstructs the doing of Thy will
the coming of Thy kingdom on
. Draw together the diverse peoples
very race and creed and culture and
us into one mighty unit strong in
Lord and in the power of His might.
pray in His name whose rulership
fe all nations. Amen.
APPOINTMENT OF ACTING PRESI-
DENT PRO TEMPORE
he PRESIDING OFFICER. The clerk
wil please read a communication to the
Ser ate from the President pro tempore
•Mr. E.ASTLANDi .
": 'he assistant legislative clerk read the
following letter:
U.S Sen.ate.
President pro tempore.
Washington. DC, January 6, 1973.
the Senate:
;ing temporarily absent from the Sen-
on official duties. I appoint Hon. Sam
N. a Senator from the State of Georgia,
rform the duties of the Chair during my
I er
abs !nce.
James O. Eastland.
PTesident pro tempore.
I Ir. NUNN thereupon took the chair as
Acting President pro tempore.
THE JOURNAL
Tllr, MANSFIELD. Mr. President, I ask
unanimous consent that the reading of
the Journal of the proceedings of Thurs-
daj . January 4. 1973. be dispensed with.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
SE .ECnON OF SENATOR KENNEDY
TO BE CHAIRMAJ^ OP THE TECH-
r OLOGY ASSESSMENT BOARD
Ji[r. MANSFIELD. Mr. President, pur-
suant to Public Law 92-484, Senate
menbers of the Technology Assessment
Bo! rd. Senators Kennedy. Hollings,
Humphrey, Case, Dominick. and
ScHWEiKER. have unanimously selected
the distinguished Senator from Massa-
chusetts I Mr. Kennedy) to serve as
Chairman of the Technology Assessment
Board for the duration of the 93d Con-
gress.
I
VIETNAM
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that certain remarks
which I made on December 20, 1972, be
printed in the Record.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
Statement of Senator Mike Mansfield
I am personally depressed by the speech of
Dr. Kissinger on last Saturday which Indi-
cated there was very little light, II any, at
the end of the so-called tunnel. I am dis-
turbed at the resumption of bombing north
of the 20th parallel because, to me. It is an
accentuation of the war and a re-broadenlng
of the area of conflict. This Is not the road
to peace, but rather the road to a continuing
impasse with both sides. If not all sides,
being stubborn and unwUllng for purposes
of prestige or power to give the necessary
Inch.
It is long past the time when we should
consider people, not power or prestige, and
go back to the October 26 agreement which
held out the prospect of a peace this year.
The blood bath, which is Vietnam, Cambodia
and Laos, must be ended and the sooner the
better for all concerned.
Anger, stubbornness, prestige will not
bring this war to a close; the only possible
answer I can see is through negotiations. We
have gone too far out on a limb based on Dr.
Kissinger's report to the press and the nation
on October 26, a report which. I believe, was
made In good faith. If "peace Is at hand".
the sooner we achieve that most necessary
objective, the better It will be for us and
for all concerned. Would not the signing of
the October 26th agreement, tentatively
agreed to earlier in October, suffice?
The hopes of the American people have
been raised and now they have been shat-
tered. How long will this war last? The bomb-
ing and mining will not, in my opinion,
bring the war to a close. They will only pro-
long It. The bombing tactic is eight years
old. It has not produced results In the past.
It wUl not lead to a rational peaceful settle-
ment now. It is the "stone-age" strategy
being used in a war almost unanimously
recognized In this nation as a "mistaken"
one. It Is a raw-power play with human lives,
American and others, and. as such, it is
abhorrent.
Furthermore, in this longest war In the
history of the United States there is the
question of the POWS and the Recoverable
Missing in Action. What is happening now
will lead to new Increases in both categories
and a lengthening of the delay before they
will be returned to the United States. The
date of their return will be determined onli/
by a peace settlement and that Is not in
sight at the present time.
Dr. Kissinger, on October 26th. indicated,
in effect, and quoting from Hanoi's broadcast
of that date, that the reunification of Viet-
nam was acceptable to the Unit d States. He
evidently agreed that the "United States re-
spects the Independence, sovereignty and ter-
ritorial integrity of Vietnam as recognized by
the 19.'i4 Geneva agreements," and that "the
reur^lfication of Vietnam shall be carried out
step by step through peaceful means." The
Geneva Accords called for all-Vietnamese
elections — north and south — two years after
the Accords went Into effect. Dr. Kissinger
further stated in his October 26th press brief-
i.ig quoting from a paragraph of a draft of a
tentative agreement that "the DRV proposed
the cessation of the war throughout Vietnam,
withdrawal of U.S. forces," and the.i it said—
a cease-fire in South Vietnam and a total
still quoting Kissinger — "The two South
Vietnamese parties shall settle together the
internal matters of South Vietnam within
three months after the cease-fire comes into
effect. " Dr. Kissing r then said "This has
been our position since the beginning of
these negotiations. It was never acceptej four
years ago, three years ago, or two months
ago. The first time it was accepted was on
October 8. As soon as it was accepted we com-
pleted within four days a rough draft of an
agreement from which we have since been
operating. . . ."
One of the reasons advanced for the
stepped-up bombing was a supposed North
Vietnamese concentration of men and mate-
rial to enlarge their operations In the south.
Perhaps this is true but It goes contrary to
press reports in the preceding time period.
TTiese press reports raise serious questions
as to the purpose of the renewed bombing. Is
It for some urgent interim military purpose
until negotiations are resumed? Or is it an
attempt — ore more of many attempts — to
put the pressure on the North Vietnamese,
so we can g?t out of a tragic and mistaken
war without the appearance of a mistake?
Is it for that, that we are expending addi-
tional planes a:id. far more serious, addi-
tional lives. American and Asian? It is long
since past time to stop worrying about saving
face and concentrate on saving lives and
our own sense of decency and humanity.
The Senate I am sure would be more than
willing to give of its advice, counsel, and its
full support to the President, to achieve, not
through attrition but through negotiation,
an end to this tragic war. It Is the President's
for the asking.
SELECT COMMITTEE ON EQUAL
EDUCATIONAL OPPORTUNITY
Mr. MANSFIELD. Mr. President, in re-
cent years, temporary committees of the
Senate have been established to look into
specific legislative fields concerning ma-
jor issues facing the American people.
Usually these committees are intended
to continue in existence for not more
than one Congress. However, some have
been continued longer because of the
scope of the problems encountered.
One of these temporary committees is
the Select Committee on Equal Educa-
tional Opportunity under the able leader-
ship of its distinguished chairman, the
Senator from Minnesota <Mr. Mond.ale>.
I am pleased to report to the Senate
today that Senator Mondale has advised
me that the work of this committee has
betn completed, and he recommends that
the committee should not be continued.
For nearly 3 years, the select commit-
tee has conducted thorough and ex^n-
sive hearings into the complex subject of
the education of our Nation's disadvan-
taged children.
The committee's hearings, studies, and
reports, in over 13,000 pages, provide a
detailed and thoughtful treatment of the
major issues in American elementary and
secondary education — including the ex-
tent and causes of educational disadvan-
Januanj 6, 1973
CONGRESSIONAL RECORD — SENATE
413
tage, bilingual education, the special
educational needs of disadvantaged chil-
dren, education finance, and the special
problems of niral and urban education,
as well as the complex questions of end-
ing discrimination in pubhc education.
The committee has conducted exhaus-
tive hearings, it has published an exten-
sive final report, which I understand will
be available shortly, and has passed on
the job of implemeating its recomm^'nda-
tions and extending its inquiries to the
lesi.-lative committees of the Congress.
I wish to commend the committee
chairman, the distinguished Senator
from Minnesota (Mr. Mondale i, and its
ranking minority members — the distin-
guished Senator from Nebraska <Mr.
Hruskai and the distinguished Senator
from New York (Mr. Javits) — for a job
well done, and for their decision to pub-
lish a report and let the committee ex-
pire at this^me.
JOINT COMMITTEE ON NAVAJO-
HOPI INDIAN ADMINISTRATION
Mr. MANSFIELD. Mr. President, on a
separate but related subject, I wish to
advise the Senate today that the dis-
tinguished chairman of the Committee
on Interior and Insular Affairs (Mr.
Jackson > . along with the distinguished
minority mender of the committee (Mr.
Fannin ) . ha\^ recommended that the
Joint Committee on Navajo-Hopi In-
dian Administration be abolished. I
understand that Congressman Haley and
other leaders of the House Committee
on Interior and Insular Affairs concur in
this recommendation.
I wish to congratulate Senator Jack-
son and Senator Fannin for their initia-
tive in this matter and express the ap-
preciation of the leadership for their
proposing to disestablish a committee
which is no longer necessary in the
Congress.
I ask unanimous consent that a letter
from the distinguished chairman of the
Committee on Interior and Insular Af-
fairs be printed in the Record at this
point.
There being no objection, the letter
was ordered to be printed in the Record,
as follows:
U.S. Senate, Committee on Inte-
rior AND Insular Affairs.
Washington. DC, January 5. 1973.
Hon. Mike Mansfield.
Majority Leader. U.S. Senate,
Washington. D.C
Dear Mike: I have consulted with Senator
Paul Fannin, who apparently will become
the Ranking Minority Member of the Com-
mittee on Interior and Insular Affairs, and
it is our recommendation that the Joint
Committee on NavaJo-Hopl Indian Adminis-
tration be abolished. Because of problems
peculiar to those tv/o tribes, this Joint Com-
mittee was created in the 81st Congress under
the authority of Public Law 474. an act to
promote the rehabilitation of the Navajo and
Hopl^ Tribes of Indians and better utilization
of tHe resources of the Navajo and Hopl Ir
dlan Reservations and for other purposes.
As a matter of fact, the Joint Committee
has seldom met and has conducted no busi-
ness to speak of in the past 20 years. Even
though it is a paper organization only, it is
our suggestion that It be eliminated since
any legislative business pertaining to these
tribes as well as other Indian groups would
have to be conducted by the standing legis-
lative committees of the Hou.se and Senate.
I have consulted also with Congressman
Haley and other leaders of the House Com-
mittee on Interior and Insular Affairs and
have been advised that they concur in our
recommendation that this Committee be
disestablished.
We urge, therefore, that this Joint Com-
mittee be abolished.
Sincerely yours.
Henby M. Jackson.
Chairman.
SENATE RESOLUTION 9-^TO ESTAB-
LISH A SPECIAL COMMITTEE ON
THE TERMINATION OF THE NA-
TIONAL EMERGENCY
Mr. MANSFIELD. Mr. President, on
behalf of the distinguished Senator
from Idaho 'Mr. Church), and with the
approval of the distinguished Republi-
can leader and all parties intimately con-
cerned. I ask unanimous consent that
the Committee on Foreign Relations be
discharged from further consideration of
Senate Resolution 9 and that the Sen-
ate proceed to its immediate considera-
tion.
The ACTING PRESIDENT pro tem-
pore. Without objection, the committee
will be so discharged and the clerk will
state the text of the resolution.
The assistant legislative clerk read as
follows :
Resolution To Establish a Special Commit-
tee ON the Termination of the National
Emergency
Whereas the existence of the state of na-
tional emergency proclaimed by the Presi-
dent on December 16, 1950. Is directly re-
lated to the conduct of United States for-
eign policy and our national security: Now.
therefore, be it
Resolved, That (a) there is established a
special committee of the Senate to be known
as the Special Committee on the Termina-
tion of the National Emergency (hereinafter
referred to as the "special committee").
(b) The special committee shall be com-
posed of eight Members of the Senate equally
divided between the majority and minority
parties to be appointed by the President of
the Senate, four of whom shall be mem-
bers of the Commtltee on Foreign Relations.
(c) The special committee shall select two
cochalrmen from among Its members, one
from the majority party and one from the
minority party. A majority of the members
of the special committee shall constitute a
quorum thereof for the transaction of busi-
ness, except that the special committee may
fix a lesser number as a qviorum for the pur-
pose of taking testimony. Vacancies In the
membership of the special committee shall
not affect the authority of the remaining
members to execute tlie functions of the
specal committee.
Sec 2. It shall be the function of the
special committee to conduct a study and
investigation with respect to the matter of
termimtin^ the national emergency pro-
claimed by the President of the United States
on December 16. 1950. and announced in
Presidential Proclamation Numbered 2914.
dated the same date. In carrying out such
study and investigation the special commit-
tee shall —
( 1 ) consult and confer with the President
and his advisers;
(2) consider the problems which may arise
as the result of terminating such national
emergency: and
(3) consider what administrative or legis-
lative actions might be necessary or desir-
able as the result of terminating such na-
tional emergency. Including consideration of
the desirability and consequences of termi-
nating special legislative powers that were
conferred on the President and other officers,
boards, and commissions as the result of the
President proclaiming a national emergency.
Sec. 3. (a) For the purposes of this reso-
lutirn. the special committee Is authorized
in Its discretion (1) to make expenditures
from the contingent fund of the Senate, (2)
to employ personnel. (3) to hold hearings.
(4) to sit and act at any time or place during
the sessions, recesses, and adjourned periods
cf the Senate. (5) to require, by subpena or
otherwise, the attendance of .j^itnesses and
the production of corresport'dence, books,
papers, and documents, (6)\to take deposi-
tions and other testimony, (7) to procure the
service of Individual consultants or organiza-
tions thereof, in accordance with the provi-
sions of section 202(1) of the Legislative Re-
organization Act of 1946. as amended, and
(8) with the prior consent of the Govern-
ment department or agency concerned and
the Committee on Rules and Administra-
tion, to use on a reimbursable basis the serv-
ices of personnel of any such department or
agency.
(b) The co-chairmen of the special com-
mittee shall preside over meetings of the
special committee, except that ( ] i in the
absence of one of the co-chairmen, the other
co-chairman may preside, and (2) in the
absence of both co-chairmen, any other
member of the special committee designated
by both co-chairman may preside.
(c) Either co-chairman of the special com-
mittee or any member thereof may admin-
ister oaths to witnesses.
(d) Subpenas authorized by the special
committee may be Issued over the signature
of either co-chairman, or any other member
designated by the co-chairmen, and may be
served by any person designated by the co-
chairman or member signing the subpena.
Sec. 4. For the period from January 3.
1973. through February 28. 1974. the "ex-
penses of the special committee under this
resolution shall not exceed $175,000. of which
amount not to exceed $25,000 shall be avail-
able for the procurement of the services of
individual consultants, or organizations
thereof, as authorized by section 202(1 1 of
the Legislative Reorganization Act of 1946.
as amended.
Sec. 5. The special committee shall make a
final report of its findings, with respect to
such period together with such recommenda-
tions for legislation as it deems advisable, to
the Senate at the earliest practicable date,
but not later than February 28, 1974. The spe-
cial committee may also submit to the Se:iate
such interim reports as it cons'ders apnro-
priate. Upon submission of its final report,
the special committee shall cease to exist
Sec. 6. Expenses of the special committee
under this resolution shall be paid from the
contingent fund of the Senate upon vouchers
approved by the two co-chairmen of the spe-
cial committee.
The ACTING PRESIDENT pro tem-
pore. Is there objection to the present
consideration of the resolution?
There being no objection, the resolu-
tion was considered and agreed to.
RETIREMENT OF REAR ADM RUFUS
PEARSON AS CAPITOL PHYSICIAN
Mr. MANSFIELD. Mr. President. I am
confident that I speak for every Member
of the Senate in offering my most heart-
felt congratulations to Rear Adm. Rufus
Judson Pearson, Medical Corps. U.S.
Navy, on the occasion of his retirement
from the U.S. Navy. Dr. Pearson has
served here at the Capitol for the past
6^2 years — and aU of those who have
414
liled themselves of his services and
services of his office will feel the loss
a friend. It is not only a loss to us but
loss to the Navy. Dr. Pearson has
created a medical facility in the Capitol
is almost unequaled. His main pur-
was our health and well being, but
he was there to offer his friendship
advice whether it be for us. our f ami-
. or our staffs. No task was too great,
hours too late, no burden too heavy
"Jud" Pearson. He accompanied the
leader and myself to China this
year and it was a true consolation
ing him along. Dr. Pearson's integrity,
dedication, and deep devotion have been
cause of his excellence in his present
av
thr
of
a
that
po ;e
alsD
anl
lie ;
no
foi}
mi riority
pa;t
hav
de
th
CONGRESSIONAL RECORD — SENATE
January 6, 1973
CO] )y
pa "ison-
an
to
prtcious
rei
in!
Ja luary
mere
Vice
Navy
seated
-
]'or
goi ernment
po ;ition.
Assigned to the Congress in 1966, Dr.
Pe irson succeeded Dr. George W. Calver,
w^ o held the post from 1928 to 1966. Al-
though by comparison Dr. Pearson's
teiure was short — his accomplishments
were not.
ie encouraged annual physical exam-
initions for all Members; introduced the
mi niaturization of electrocardiograms
inlorder that we might always have a
of our latest one with us for com-
should the need arise; added
X-ray unit to eliminate our traveling
another facility, and thereby saved us
time. In general, he completely
amped and reorganized the Attend-
Physician's Office, making it the
sniooth running operation it is today,
n ceremonies here at the Capitol on
., 3. 1973. Dr. Pearson retired after
than 26 years of active service.
Adm. George M. Da,vis. M.C.. U.S.
the Navy Surgeor^' General, pre-
Admiral Pearsoffwith the Distin-
shed Service Medal in behalf of the
President. His citation read, in part:
exceptionally merltorlus service to the
._ument of the United States In a duty
of great responsibility as the Attending
Ph -siclan to Congress during the period
March 1966 to January 1973.
iis service was rightly described as
exceptionally meritorious."
)r. Pearson and his wife. Emily, plan
to retire in Whispering Pines. N.C. I
wi;h them every good fortune and good
heilth.
Jpon completion of the retirement
ce: emonies. Dr. Freeman H. Cary was
ap pointed to the rank of rear admiral as
he assumed the duties as the third At-
tending Physician to Congress.
^ay I say. Mr. President, that Dr. Car>'
is in the tradition of Dr. Pearson, and
it is my opinion that we are extremely
fo lunate to have Dr. Cary here in such
an important capacity.
rhe ACTING PRESIDENT pro tem-
pore. Does the Senator from Pennsyl-
va lia desire to be heard?
^r. SCOTT of Pennsylvania. Mr. Pres-
id( nt, I ask unanimous consent to yield
m: time to the distinguished Senator
frc m Vermont <Mr. Aiken i.
The ACTING PRESIDENT pro tem-
pore. 'Without objection, it is so ordered.
VIr. AIKEN. Mr. President. I do not
th nk there is a Member of this Senate
or anyone who has been a Member of
Senate during the past 5 or 6 years
wHo does not subscribe to everything that
has been said by the distinguished ma-
jority leader.
Dr. Pearson will probably be missed
as much as anyone who has ever worked
in the Capitol. It did not matter what
we called him. We started out calling him
"Admiral," and pretty soon we called
him "Doctor." Finally, he got to be known
as "Jud" and his wife as Emily. They
certainly are people with whom we could
be veiT proud to have worked.
Dr. Pearson was not only a Capitol doc-
tor or a Navy doctor; he was a family
doctor as well. I know that many of us
received a good deal of advice from him,
perhaps some which is not to be found
in all the medical books; but we appre-
ciate it very much.
We are very glad, also, that Dr. Cary
is taking Dr. Pearson's place now, if any-
one had to take his place. Dr. Cary is
an admiral. I believe. I do not know how
long he will be called "Admiral" or how
long he will be called "Doctor." We cer-
tainly welcome him. too, and also ex-
press our hope — I do. anyway — that Jud
and Emily Pearson will have a very happy
life and a long one, although I would
rather that they had retired to 'Vermont.
TRANSACTION OF ROUTINE
MORNING BUSINESS
The ACTING PRESIDENT pro tem-
pore. The Senate will now proceed to the
transaction of routine morning business,
for a period of 30 minutes, with each
Senator to be recognized for not to ex-
ceed 3 minutes.
REPORT OF THE SECRETARY OF
THE SENATE REGARDING ADMIN-
ISTRATION OF OATH TO SENATOR
BIDEN OF DELAWARE
The ACTING PRESIDENT pro tem-
pore. The Secretary of the Senate
has a report to submit to the Senate
pursuant to Senate Resolution 8, which
he will now make.
The Secretary of the Senate (Mr.
Francis R. Valeo) . Mr. President, having
been authorized by the Senate, in accord-
ance with the provisions of Senate Reso-
lution 8. agreed to on January 3. 1973,
to administer the oath of office to the
Honorable Joseph R. Biden, Jr., Senator-
elect of Delaware. I now wish to submit
my report to the Senate.
I administered the oath of office to
Senator Biden in the Wilmington Gen-
eral Hospital. Delaware Division, in
Wilmington, Del., on yesterday, Janu-
ary 5. 1973. and hand to the President
of the Senate a signed copy of the oath,
which is in addition to the oral affirma-
tion made by the Senator as required by
law. May I add that Senator Biden ex-
pressed his deep appreciation to the Sen-
ate for having been granted permission
to take his oath of office in this fashion,
in the company of his two sons, who are
now receiving medical care in the
Wilmington General Hospital.
The ACTING PRESIDENT pro tem-
pore. The oath will be placed on file and,
without objection, will be printed in the
Record at this point.
The text of the oath reads as follows:
I do solemnly swear that I will support and
defend the Constitution of the United States
against all enemies foreign and domestic;
that I win bear true faith and allegiance to
the same; that I take this obligation freely
without any mental reservation or purpose
of evasion; and that I will well and faithfully
discharge the duties of the office on which I
am about to enter: So help me God.
Joseph R. Biden. Jr.
Signed at 12:50 p.m., at Wilmington Gen-
eral Hospital, Delaware Division, in the city
of Wilmington, Delaware, on January 5, 1973.
Francis R. Valeo.
Secretary of the Senate.
THE FAITHLESS ELECTOR AND
ELECTORAL COLLEGE REFORM
Mr. MUSKIE. Mr. President, for the
seventh time in our history, we will be
confronted this afternoon with disregard
of the popular vote for President by a
"faithless elector." Mr. Roger McBride,
an elector from Virginia, has cast his
electoral vote for Dr. John Hospers of
the Libertarian Party even though Mr.
Nixon won the popular vote in his State.
Mr. McBride's faithlessness to the will of
the voters of Virginia once again under-
scores the need for a constitutional
amendment providing for direct popular
election of the President.
Confronted by a similar situation 4
years ago, Representative O'Hara of
Michigan and I lodged a formal objec-
tion to a wayward electoral vote. After
thorough debate, both Houses of Con-
gress declined to reject that faithless act.
I have no intention of invoking the cum-
bersome procedures necessary to reexam-
ine that decision. But I wish to point out
that during that debate there was univer-
sal consensus that disregard of the pop-
ular presidential vote was wrong. At that
time, I said that:
My principal purpose In Joining in this ef-
fort Is to open the issue, to expose it. perhaps
to identify the dangers and the risks, and
by doing so to stimulate the movement for
institutional reform of the entire process.
That reform has still not come, but is
no less urgent today.
The choice of our President still lies
not with the people, but with the electoral
college — a small, usually hand-picked,
body of men and women who owe no debt
to the public and who, in fact, are un-
known to the public.
Mr. McBride has reminded us that our
democracy could be undermined by a
small band of faithless electors and that
the system must be changed to guarantee
that this cannot happen again.
We must amend the Constitution to
provide for the most direct, effective, and
fool-proof possible means of electing a
President.
By eliminating the elector, we can in-
sure that there are no intermediaries who
are "useless if faithful, dangerous if not."
And we can put to rest the fear that the
perverse compound arithmetic of the
electoral college will some day give us a
President who was clearly rejected by
the popular vote of the people.
It is time now for Congress to take
affirmative action to end this outmoded,
undemocratic, and haphazard system. I
hope that during the coming session we
can adopt and refer to the States a pro-
January 6, 1973
CONGRESSIONAL RECORD — SEN ATE
415
posed constitutional amendment to pro-
vide direct popular election of the Presi-
dent, under uniform voting procedures, to
insure that the milUons of voters who are
now effectively disenfranchised can be
heard. ^^^_^^_^_^
UNITED STATES REFUSAL TO RE-
CEIVE NEW AMBASSADOR FROM
SWEDEN
Mr. PELL. Mr. President, recently, the
U.S. Grovernment advised the Govern-
ment of Sweden that a new ambassador
from that country would not be welcomed
here at this time. I believe this action
by our Government is mistaken, petty,
and inappropriate.
The action reportedly was taken be-
cause the executive branch was piqued
by the Prime Minister of Sweden, Olof
Palme, publicly criticizing our recent
bombing of North Vietnam.
Certainly, the Prime Minister spoke
bluntly. According to the New York
Times, he said:
Things should be called by their proper
name. What happens today in Vietnam Is a
form of torture. There can be no military
motives for the bombings. Military spokes-
men in Saigon have denied that there is
any step-up of military activity on the part
of the North Vietnamese. Nor could it be
Vietnamese obstinacy *eX the negotiation
table.
Resistance against the October agreement
In Paris comes primarily as was pointed
out by the New York Times, from President
Thieu in Saigon. 'What is being done is that
people are being tormented, to humiliate
them to force them to submit to the lan-
guage of force. That is why the bombings
are an outrage.
There are many of this kind In modern
history. They are often connected with
names — Guernica. Oradour. Babi Yar, Katyn,
Lidice, Sharpeville, Trebllnka. Violence has
triumphed but the Judgment of history has
been hard on those who carried the respon-
sibility. Now there is one more name to
add to the list— Hanoi, Christmas, 1972.
I can understand that such straight-
forward talk would discomfit the admin-
istration. But I think it should be recog-
nized that the views expressed by Mr.
Palme reflect the thoughts, as well, of
many of us in the Congress and many
tens of millions of American citizens who
have been appalled by .the massive ter-
ror bombing of Hanoi and Haiphong.
Yet, when these thoughts were ex-
pressed by Mr. Palme, the administration
reacted by saying, "Do not send us an
ambassador." It is perhaps another in-
dication that the administration simply
cannot tolerate criticism or opposition
to its policies, whether from our friends
overseas or from within our own country.
This is not the first time that the
administration has overreacted to words
of criticism by Mr. Palme. I served as
an adviser to the U.S. delegation to the
Stockholm Conference on the Human
Environment and recall that Mr. Palme
somewhat insistently raised the issue of
ecological warfare in Indochina — an is-
sue that was in fact on the minds of
every delegate at the conference. In that
Instance also, the U.S. delegation, on di-
rect instructions from the White House,
overreacted with a stinging response to
the unfortunate Mr. Palme.
It might be helpful for the adminis-
tration, considering the comments of the
Swedish prime minister, to remember
that he speaks for a nation with a record
of concern and achievement, at least
equal to our own, in improving the
quality of life, in promoting peace, and
in developing civilization. We need only
remember that Sweden is the home of
the Nobel prizes to realize that it is a
nation in which humanitarian concerns
are deeply rooted.
With that background, it should not
be surprising that the Prime Minister of
Sweden should speak out strongly about
the massive terror bombing of North
Vietnam.
If our Government insists on engaging
in activities that go against the grain of
world opinion, it cannot improve its
standing among the nations of the world
by petulantly refusing to receive ambas-
sadors.
I would hope that this ill-advised
action will soon be countermanded.
EQUALITY FOR INDIANS
Mr. MANSFIELD. Mr. President, I ask
unanimous consent to have printed in
the Record two editorials, one entitled
"The New Indian." the other entitled
"Equality for Indians," which were
printed in the Independent Record of
Helena. Mont., under date of Decem-
ber 22. 1972. and December 27. 1972.
There being no objection, the editorials
were ordered to be printed in the Record,
as follows :
The New Indian
A new Indian Is emerging. The day of
playing straight man to a pistol packing
masked man or slick suited bureaucrat is
fading.
The new Indians have had their training in
red ghettos, government reservations and the
civil rights movement.
They are tough, intelligent, young and
dedicated to restoring the pride and dignity
which have been stripped by years of broken
promises from a number of "great white
fathers."
It was the new Indians who spearheaded
the "Caravan of Broken Treaties," which
ended with the sacking of the Bureau of
Indian Affairs building In Washington, D.C.
The broken promises which led the red
men and women to Washington were ampli-
fied by more broken promises when they ar-
rived.
FYustrated by a lumbering, unresponsive
BIA. they turned their energies to wreaking
havoc on the symbol of their frustrations —
the BIA building. Their wrath was blindly
and wrongly administered.
The aftermath was predictable. White
Americans listened and read reports of the
destruction and reiterated trite cliches.
However, cooler heads looked beyond the
damages and dollar signs. These persons
were more interested in tempering rage,
solving problems and redirecting energies.
The administration's purge of the BIA
hierarchy is a start at redesigning an agency
which will be responsive to both militant
and establishment Indians — a service rather
than paternal organization.
The new Indians have the potential and
spirit to help restore lost dignity. However.
the path of violence and destruction must
give way to unity and reason.
If dealt with honestly and openly the new
Indians can be a moving force In reshaping
the destiny of their people.
Equality for Indians
The federal government is bullish on equal-
ity, but has been so unequal Ih Its treatment,
of Indians that now the Bureau of Indian
Affairs (BIA) finally finds iteelf with its back
to the wall.
When the Indians marched on Washington
they had a list of demands they wanted the
"benevolent" BIA to meet.
One of those demands has so far at least
partially been met. The 9th Circuit Court of
Appeals has overturned a lower court deci-
sion. The appellate court ruling, in effect, re-
quires the federal government to provide aid
to all Indians — "throughout the United
States" — whether they live on reservations or
not.
The government is. of course, going to ap-
peal the decision to the US. Supreme Court.
The bureaucrats say that such broad dis-
tribution of available money would dilute as-
sistance programs so much that neither res-
ervation nor urban Indians could receive
meaningful help. Whether the Indians ever
have received any "meaningful" help Is most
certainly open to debate.
It also just happens that the ruling is
binding only in the 9th Circuit area — which
includes Montana. Arizona, Nevada, Oregon.
Utah and Washington. It also Just happens
that a majority of the American Indians live
in this area.
We're so damn busy Investing in bombs to
blast Vietnam out of the 20th Century that
we can't quite see fit to do something for
a people that we herded onto desolate reser-
vations like so many head of cattle, patted
them on the head and said "now be good lit-
tle boys and girls and if you behave we'll
send a token of our appreciation your way
every now and then."
So. each Indian tribe had Its own little
Happy Hunting Ground and the white man
was SOOO pleased. Some tribes haven't
faired too badly. For the majority, the ar-
rival of the white man has been a disaster.
What Indian in his right mind would want to
celebrate Thanksgiving?
It seems to be the feeling In and out of
government that the Indian is basically a lazy
individual who is content to live on a reser-
vation making blankets and beads.
We have lost sight of the fact that the
American Indian spent his life roaming and
living off the land. It was a carefree life, but
it was also fraught with hardship and dan-
ger.
The love to hunt and fish Is part of the
American Indians' heritage — and nature
Finally, someone back in Washington dis-
covered something that the Indians had
known for a long time; Life on the reserva-
tion was lousy.
So. In a move to help the Indian the gov-
ernment started a relocation program. The
theory apparently was that If the Indian
was moved off of the reservation he would
be assimilated by the white society.
In many Instances (probably a majority
of cases) the program didn't work out too
well. The reasons are obvious.
How would you like to be told one day
that your government was going to help you
get out of the mess It had gotten you Into
in the first place? You don't like the reser-
vation? Okay, we've got a Job for you In the
steel mills In Gary, Ind.
As you can well Imagine, the thought was
so terrifying that the immediate impulse,
no doubt, was to run out and buy a bottle
of bootleg wine. Or. if the Indian decided
to take Uncle Sam up on his generous offer
he found that he couldn't cope with the
outside world by himself and soon ended up
back on the reservation drinking bootleg
wine with his buddies down by the railroad
tracks.
Time changes all things. And. naturally,
it has changed the situation of the Indian
somewhat. More Indians are leaving the res-
tl6
jrvation. Many pursue college or vocational
jducations.
Others simply leave and enter another
*orld full of problems.
Many tribes have started small businesses
5r industries on their reservations — with gov-
ernment help of course — and this is as it
should be.
The government continues to maintain
agencies" on the reservations to counsel the
[ndlan. But what of those who leave? The
BIA hasn't seen fit to give them the time
3f day.
Today's Indian is demanding the right to
jquality and self-determination; but until
;he government starts treating Indians as
?quals within their own race, self-determl-
latlon will be nothing more than a hyphen-
ited word.
CONGRESSIONAL RECORD — SEN ATE
January 6, 1973
THE HARASSMEajT OF GORDON
RULE
Mr. PROXMIRE. Mr. President, last
.•ear the excellent performance of Gor-
lon Rule as the Navy's top civilian pro-
;urament ofRcer was recognized. He was
iiven the highest award the Navy can
uve a civilian. This year it is different.
The Navv has treated Gordon Rule
hockingly. Why the sudden change?
What has happened to the top procure-
ment ofncer recognized for his excellence
n a field in which both our national
•ecurity and billions of dollars are at
stake. 'VVhat did he do?
Gordon Rule testified before the Joint
Sconomi" Committee on E>ecember 19.
1972. As he has often done in the past,
le responded to questions in a candid
',nd forthright manner. He is not one to
■over up abuses in contracting procedure
3v defense firms or by the Government.
He gave Congress the best information
It his disposal and this is as it should be.
IVLE .ADHERED TO GOVERNMENT CODE OF ETHICS
Mr. Rule was formally requested to
ippear before the Joint Economic Com-
mittee. The Navy permitted him to come.
[n fact, he came in place of Adm. Isaac
Kidd. Jr., his superior. Gordon Rule ful-
lilled his obligation to Congress and the
people of this country by answering
questions hcnestlv as set out in the code
3f ethics for Government service in
House Concurrent Resolution 175 during
he 85th Congress.
Now he is being persecuted for follow-
ng the law. Less than 24 hours after he
;estified. Admiral Kidd attempted to in-
:imidate Mr. Rule and force his resigna-
tion while he was home sick in bed.
When this was unsuccessful, Admiral
Kidd transferred Mr. Rule to a dead-end
lob as a consultant to a Navy logistics
;chool. This is harassment, intimidation,
ii'i retaliation. It came as a direct con-
seAience of his testimony before the
Jofjt Economic Committee.
'^POSSIBLE VIOLATION OF LAW INVOLVED
','% this situation is permitted to stand,
alt witnesses before Congress will be
nothing more than censored recordings
of whatever the executive department
wants Congress to know.
Mr. Rule should be afforded the pro-
:ection of title 18 of the United States
[?ode which provides for up to 5 years
mprisonment and 'or up to $5,000 in
toes for intimidation of witnesses and
Dbstruction of the power of inquiry of a
committee of Congress. This law should
be enforced.
NO REPLY FROM THE DEPARTMENT OF DEFENSE
The harassment of Gordon Rule can-
not be permitted to continue. I wrote the
Secretary of Defense and the Secretary
of the Navy on December 22 asking that
the harassment of Mr. Rule be stopped.
No reply has yet been received. It only
took 24 hours to begin intimidating Mr.
Rule. But the Pentagon could not find
time during the next 2 weeks to respond
to a letter from the chairman of the
committee.
The Defense Department would like to
isolate Mr. Rule and allow the whole
issue to slip away quietly. But the issue
is not one that can be easily glossed
over, for it goes to the heart of the re-
lationship between Congress and the
executive branch. It is censorship. It is
interference with the rightful powers of
Congress. It is a blatant disregard of free
speech. It is government by edict. It is
dishonest.
• Mr. President, I ask imanimous con-
sent that two editorials, one from the
New York Times and the other from the
Washington Post regarding the Gordon
Rule incident, be printed in the Record
at this point and that the wording of
title 18, United States Code 1505. and
House Concurrent Resolution 175 of the
85th Congress also be printed.
There being no objection, the material
was ordered to be printed in the Record,
as follows:
[From the New York Times]
Punishing Mr. Rule . . .
The Navy's chief of materiel. Admiral Kldd,
has tried to make a high-ranking civilian
official of the Navy walk the plank for fi.xlng
the blame for the multlblllion-doUar cost
overruns and the bailout of giant defense
contractors not only on the contractors and
the Pentagon but on the Nixon Administra-
tion Itself.
"Aie civilian official. Gordon W. Rule, di-
rector of the Navy's procurement control,
rejected Admiral Kidd's effort to pressure him
into retirement. In view of Mr. Rule's long
and excellent record, it will \be hard for the
Navy to fire a man who wasia Navy captain,
has spent thirty years in Government service,
and who only last year was named the out-
standing civilian employe of the Navy. How-
ever, If it cannot fire him, the Navy can be
couated on to harass and Isolate him; It has
already transferred Mr. Rule to a minor job
as a consultant to a supply school.
The Rule case parallels that of a A. Ernest
Fitzgerald, a former Air Force Deputy As-
sistant Secretary, who three years ago was
first transferred to Inspect a bowling alley
In Thailand and then dismissed for publiclv
criticizing cost overruns on Lockheed's C-5A
military transport. Mr. Pjtzgerald has been
given the run-around by the Justice Depart-
rrient and Civil Service Commission In hl»
efTcjrt to get reinstatement for himself and
punishment for those who harassed and dis-
missed him. Title 18 of the United States
Code provides for five years In prison and a
35.000 fine for Intimidating witnesses before
a Congressional committee. This should be
enforced. As the then Senator Richard M.
Nixon declared on the floor of the Senate
twenty-one years ago. "Unless protection Is
given to witnesses who are members of the
armed services or employes of the Gov^jn-
ment. the scheduled hearings will amount to
no more than a parade of yes men for the
Administration policies as they exist."
Congress must now find a way to protect
courageous civil servants who give honest
testimony in response to its questions. If it
fails to do this, yet another source of infor-
mation and criticism of the executive branch
will atrophy. The Nixon Administration
which has done Its best to smother criticism
from outsiders, such as television and the
press, would like to obliterate It from in-
siders, such as Mr. Rule.
In addition to raising once more the issue
of how to protect Government officials from
reprisals, the Rule testimony again raises
the huge and vexatious issue first dramatized
by President Eisenhower In his farewell ad-
dress— the impact of "the military-industrial
complex" on national policy.
In response to a direct question from Sen-
ator Proxmlre about the wisdom of the Pres-
ident's appointment of Roy L. Ash, former
president of Litton Industries, to become
head of the Government's Office of Manage-
ment and Budget, Mr. Rule said he consid-
ered it a mistake for the President to appoint
him and "a worse mistake" for Mr. Ash to
accept.
Litton Industries Is asking the Navy fcr
$544 million above its original estimates on
several ship contracts, and Mr. Ash has said
that, as budget director, he would not dis-
qualify himself from decisions affecting the
Navy — and presumably Litton. He says he
would be "objective." But the question
whether Mr. Ash would Indulge in "hanky-
panky" — and there Is no reason to believe
that he would — Is far less important than
whether it makes sense for the Government's
top budget officer to be a man straight from
the heart of the defense community, which
generally Identifies massive military spend-
ing with the national Interest.
The directorship of the Office of Manage-
ment and Budget has become one of the
most critical posts In the Federal Govern-
ment, yet the man named to the job by the
President does not have to face Congressional
examination or receive Senate confirmation.
Congress should approve the bill introduced
by Representative Melcher of Montana that
would require Senate confirmation of the
budget director. And It has an obligation to
keep watch on the fate of Mr. Rule, to see
that he Is not victimized for his honesty and
courage.
[From the Washington Post, Jan. 4. 1973]
The Bail-Out Business
Gordon W. Rule, the Navy procurement
official who was summarily reassigned (which
is to say. demoted) after speaking his mind
on some Navy shipbuilding contracts in Mis-
sissippi, has been In trouble before. A couple
of years ago. it was his effort to turn down
excessive reimbursement claims from a com-
pany building destroyer escorts in Louisiana.
This time around. Mr. Rule took on Litton
Industries and Its president. Roy L. Ash,
who has recently been named Director of the
Office of Management and Budget by Mr.
Nixon. Mr, Rule, testifying before the Joint
Economic Committee, had some rather harsh
things to say about Mr. Ash and his fitness
for the OMB post, based — among other
things — on Mr. Ash's Involvement In Litton
efforts to use taxpayers' money to ball out
its costly shipbuilding projects In Missis-
sippi— projects which have seen prolonged
delivery delay and which have produced cost
overruns of hundreds of millions of dollars.
Mr. Rule's "crime" seems to have been two-
fold: his attack on Mr. Ash's fitness to serve
and his skepticism concerning Lltton's claims
for relmbtirsement of costs which Mr. Rule
believes the contractor, not the government.
should bear.
In the commotion that has ensued, a cou-
ple of things are clear. One Is that the han-
dling of Mr. Rule by the administration-
whatever Its disciplinary prerogatives— was
January 6, 1973
CONGRESSIONAL RECORD — SENATE
417
Bnother example of retaliatory overkill. It
tnav do wonders for discipline in the ranka,
but It cannot do much to encourage candor
or independence on the part of those civilian
snd mUltary personnel charged with bring-
ing our overblown defense costs under con-
trol. The other thing that Is plain Is that
Mr Rule — whatever his verbal excesses —
was fundamentally right about the Litton
affair In Mississippi, right In stressing the
contractor's responsibility and right In per-
ceiving that, at the very least, the admin-
istration should find some way to remove its
prospective OMB director from decisions af-
fecting compensation for Litton.
All this, of course, does not begin or end
with the episode at hand, which is primarily
suggestive and symptomatic. For the fact Is
that even If the Navy and the administra-
tion reversed themselves on this particular
matter and gave Mr. Rule a pay raise and a
parade, they would not have got to the heart
of the matter. One need only contemplate
the Grumman F-14 mess (In which the
contractor, having bought in low to the
contract, Is now demanding another half
billion dollars to fulfill It) or ponder the
fact that the Navy Is now lending funds to
Grumman and buying stock In another con-
tractor's company (Gap Instrument on
Long Island) to realize how badly the mili-
tary procurement business is in need of an
overhaul.
The President's blue ribbon defense com-
mittee made some wise recommendations a
couple of years ago on trying to bring order
and equity to the procurement process, and
former Deputy Defense Secretary Packard
made some useful moves In that direction.
But the proliferation of after-the-fact claims
for compensation, the unusual loans and In-
vestments being made by the military Itself,
and the enormous pressures brought on
government to pay for the contractors' mis-
takes (and subterfuges) all suggest that
Congress could do worse than address Itself
to this whole question of "ball-outs" in the
coming year. If the unceremonious "reas-
signment" of Mr, Rule has helped call at-
tention to the scandalous situation that pre-
vails. It may turn out to have been, at least
in one respect, a useful act — despite the
Intentions of those responsible for It.
Title 18. — Crimes and Criminal Procedure
§ 1505. Obstruction of proceedings before de-
partments, agencies, and commit-
tees.
Whoever corruptly, or by threats or force,
or by any threatening letter or communica-
tion, endeavors to Influence, intimidate, or
Impede any witness In any proceeding pend-
ing before any department or agency of the
United States, or in connection with any In-
quiry or Investigation being had by either
House, or any committee of either House, or
any joint committee of the Congress; or
Whoever Injures any party or witness In
his person or property on account of his at-
tending or having attended such proceeding.
Inquiry, or Investigation, or on account of his
testifying or having testified to any matter
pending therein: or
Whoever, with intent to avoid, evade, pre-
vent, or obstruct compliance in whole or In
part with any civil Investigative demand duly
and properly made under the Antitrust Civil
Process Act or section 1968 of this title will-
fully removes from any place, conceals, de-
stroys, mutilates, alters, or by other means
falsifies any documentary material which Is
the subject of such demand; or
Whoever corruptly, or by threats or force,
or by any threatening letter or communica-
tion Infiuences, obstructs, or Impedes or en-
deavors to Influence, obstruct, or Impede the
due and proper administration of the law un-
der which such proceeding is being had be-
fore such department or agency of the United
CXIX 27— Part 1
States, or the due and proper exercise of the
power of Inquiry under which such inquiry or
Investigation Is being had by either House, or
any committee of either House or any joint
committee of the Congress —
Shall be fined not more than $5,000 or Im-
prisoned not more than five years, or both,
(June 25, 1948, ch. 645, 62 Stat. 770; Sept. 19,
1962, Pub. L. 87-664. § 6(a), 76 Stat. 551; Oct.
15, 1970. Pub. L. 91-452, title IX, 5 903, 84
Stat. 947.)
LEGISLATIVE HISTORY
Reviser's Note. — Based on title 18, U.S.C,
1940 ed., ! 241a (Mar. 4. 1909, ch. 321, 5 135a,
as added Jan. 13, 1940, ch. 1, 54 Stat. 13; June
8, 1945, ch, 178, § 2, 59 Stat, 234) .
Word "agency" was substituted for the
words "Independent establishment, board,
commission" in two instances to eliminate
any possible ambiguity as to scope of section.
(See definitive section 6 of this title.)
Minor changes were made In phraseology,
REFERENCES IN TEXT
The Antitrust Civil Process Act, referred to
In text Is, classified to chapter 34 of Title 15,
Commerce and Trade.
AMEND IVIENTS
1970 — Pub. L, 91-452 added reference to
section 1968 of tWs title.
1962— Pub. L. 87-664 substituted the catch-
line "Obstruction or proceedings before de-
partments, agencies, and committees" for
"Influencing or Injuring witness before agen-
cies and committees" and punished the will-
ful removal, concealment, destruction, muti-
lation, alteration or falsification of docu-
ments which were the subject of a demand
under the Antitrust Civil Process Act if done
with the Intent to prevent compliance with
a civil Investigative demand.
CROSS HEFERENCES
Bribery of pubUc officials or witnesses, see
section 201 of thU title.
SECTION REFERRED TO IN OTHER SECTIONS
This section Is referred to In section 203 of
this title; title 12 section 1457.
H. Con. Res. 175
Resolved by the House of Representatives
{the Senate concurring) , That It is the sense
of the Congress that the following Code of
Ethics should be adhered to by all Govern-
ment employees. Including officeholders:
code of ethics for government
SERVICE
Any person in Government service should:
1. Put loyalty to the highest moral prin-
ciples and to country above loyalty to per-
sons, party, or Government department,
2. Uphold the Constitution, laws, and legal
regulations of the United States and of all
governments therein and never be a party to
their evasion.
3. Give a full day's labor for a full day's
pay: giving to the performance of his duties
his earnest effort and best thought,
4. Seek to find and employ more efficient
and economical ways of getting tasks ac-
complished,
5. Never discriminate unfairly by the dis-
pensing of special favors or privileges to any-
one, whether for remuneration or not; and
never accept, for himself or his family, fa-
vors or benefits under circumstances which
might be construed by reasonable persons
as Influencing the performance of his gov-
ernmental duties.
6. Make no private promises of any kind
binding upon the duties of ofBce, since a
Government employee has no private word
which can be binding on public duty.
7. Engage In no business with the Govern-
ment, either directly or Indirectly, which Is
Inconsistent with the conscientious perfor-
mance of his governmental duties.
8. Never use any Information coming to
him confidentially In the performance of
governmental duties as a means for mak-
ing private profit.
9. Expose corruption wherever discovered.
10. Uphold these principles, ever conscious
that public office Is a public trust.
Mr. PROXMIRE. Mr. President, last
night in an article in the Washington
Star-News Orr Kelly disclosed a further
turn in the rack against Mr. Rule.
Mr. Rule has appealed his "off-to-
Siberla" treatment to the Civil Service
Commission.
Now let us be honest about it. Rule
was not disciplined because he spoke
out against Navy contracts in general.
Rule got the axe because he answered
a question I asked him in that hearing
on December 19.
I pointed out to Rule in some detail
how disgracefully inept was the manage-
ment by Litton, of which Mr. Roy Ash
was the chief executive ofiBce — of the
Pascagoula shipyards where hundreds of
millions of dollars of naval ships are
being constructed, I then asked Mr. Rule
whether In view of its demonstrated in-
competence Mr. Roy Ash should have
been appointed to the Office of Manage-
ment and Budget, certainly one of the
top positions in our Government, a post
of great power and one which should
require above all a record of competence.
His response was no, he should not have
been appointed; it was a mistake.
And Mr. Rule said It was a bigger mis-
take for Mr. Ash to take the job. I asked
Mr. Rule to tell us why he thought this.
He did.
For that act of committing the truth,
Mr. Rule has been transferred from his
job, moved out of his office, and confined
to a consulting capacity.
He has appealed that action by the
Navy to the Civil Service Commission.
Now comes the latest twist.
One of the three members of that com-
mission Is a director and paid consultant
of the Litton Co. Further, that Commis-
sioner has said she has great admiration
for Mr. Ash, and she has not indicated
that she will disqualify herself. In the
article last night by Orr Kelly he pointed
out that Mrs, Spain said she might dis-
qualify herself, but she has not dis-
qualified herself at any time for any
action taken by the CMl Service Com-
mission, despite the fact she was a di-
rector and receives $7,500 a year from
Litton. The Nation's 11th ivgest defense
contractor. This is a direct and patent
conflict of Interest, I ask imanimous con-
sent to have printed in the Record the
article by Orr Kelly which was published
in the 'Washington Star-News of yester-
day.
There being no objection, the article
was ordered to be printed in the Record.
as follows:
Litton Director Mat Hear Case
(By Orr Kelly)
Gordon Rule, who was bounced from his
job as the top Navy procurement officer after
criticizing the President for picking the head
of Litton Industries as the new director of
the Office of Management and Budget, has
been dealt a new surprise.
He filed an appeal from the Navy's
action with the Civil Service Conunlaslon
418
yes:erday — only to discover that the vice
ch£ irman of the three-member commission
Is I , director and paid consultant to Litton.
1 he relationship between Litton and com-
mit slon Vice Chairman Jayne Baker Spain
wai uncovered by Walter Plncus, an associ-
ate editor of the New Republic, and Is re-
potted In the magazine's forthcoming Issue.
ILrs. Spain said In a telephone interview
las night that she has been a member of
the Board of directors of Litton since Aug. 26,
1913.
She
said she also receives $7,500 a year
frofn Litton as part of an agreement made In
when Litton, then at the zenith of Its
sucjcess as a conglomerate, was taking' over
Alvey-Ferguson Company, of Cincinnati,
o, of which she had been president since
th€
Oh
195tl
I
to
sor
svs
for
nder that agreement, she said she agreed
remain as president of the Alvey-Fergu-
divislon of Litton, which makes conveyor
ems, or to be available as a consultant
10 years. She resigned as president on
Match 15. 1971, and was sworn In as vice
ch£ Irman of the ClvU Service Commission on
Juie 14, 1971. She gets .S38,000 a year In that
job
Since
she
for
da;,
the
196 5
Mrs
for
dui
by
CONGRESSIONAL RECORD — SENATE
January 6, 1973
going to work for the government,
said, she has done no consulting work —
which she would have been paid $200 a
under the contract — but has received
$7,500 yearly fee provided for under the
agreement.
Spain said she had been out of town
the last 10 days. But she said the proce-
followed by Rule, as described to her
reporter, did not follow the normal pro-
ced ure
F ule personally delivered a six-page com-
pla nt about his treatment by the Navy
to the office of the chairman of the ClvU
Ser .'Ice Commission yesterday.
I istead. she said, he should have filed a
grl( vance with the Navy. If he received no
sat sfactlon there, she said, he could appeal
to he Board of Appeals and Review.
Then, she said. If he was still dissatisfied
wit 1 the outcome, he could petition the
commission to consider his case. Finally, he
coi; Id take the case to court.
1 hat process, she said, could take about a
yea ■
Should this case come to the commission
if anyone felt I could not act in a totally
noridlscrlmlnatory fashion I could excuse
myself from participation," she said.
the year and one-half she has been a
mejnber of the commission, however, she has
felt it necessary to take such action,
added, despite her relationship with the
s Uth largest defense contractor.
was assigned to a naval training
Job two days after he told a congres-
al committee he thought it was a mistake
President Nixon to name Roy L. Ash.
prekldent of Litton, as head of the Office
Management and Budget and an even
mistake for Ash to take the Job.
Spain said that she had known Ash
botii during the time she headed one of the
Lition divisions and as a member of the
of directors,
have great respect for Mr. Ash as a
an being," she said. "I respect and like
as an Individual. He has a tremendous
budgetary mind and grasp."
anc
nev er
she
nation
F ule
schpol
sloi
for
of
woise
>rrs.
board
hujti
hlEi
AJfNOUNCEMENT ON JOINT SESSION
TODAY
llr. MANSFIELD. Mr. President, for
th( Information of the Senate, at 10 min-
ute r to 1 the Senate will march in a
bo< [y to a joint session with the House of
Re jresentatives in the Hall of the House
of Representatives.
EXTENSION OF TIME FOR PRESI-
DENT TO TRANSMIT BUDGET
MESSAGE AND THE ECONOMIC
REPORT TO CONGRESS AND EX-
TENSION OF TIME WITHIN WHICH
JOINT ECONOMIC COMMITTEE
SHALL FILE ITS REPORT
Mr. MANSFIELD. Mr. President, I ask
the Chair to lay before the Senate a mes-
sage from the House of Representatives
on House Joint Resolution 1.
The ACTING PRESIDENT pro tem-
pore laid before the Senate House Joint
Resolution 1. extending the time within
which the President may transmit the
budget message and the Economic Re-
port to the Congress and extending the
time within which the Joint Economic
Committee shall file its report, which was
read twice by its title.
Mr. MANSFIELD. Mr. President, I ask
for the immediate consideration of the
joint resolution.
The ACTING PRESIDENT pro tem-
pore. Is there objection to the present
consideration of the joint resolution?
There being no objection, the Senate
proceeded to consider the joint resolu-
tion.
Mr. ROBERT C. BYRD. Mr. President,
I send to the desk an amendment and
ask that it be stated by the clerk.
The ACTING PRESIDENT pro tem-
pore. The amendment will be stated.
The amendment was read as follows:
At the end of the Joint resolution insert
the following new section:
Sec. 2. Not later than January 29, 1973,
the President shall transmit to the Congress
(1) the reports, with respect to all funds
Impounded on or after October 27. 1972. and
before January 29, 1973, required by section
203 of the Budget and Accounting Proce-
dures Act of 1950 (as added by section 402
of the Federal Impoundment and Informa-
tion Act), and (2) a report, with respect to
all funds impounded on or after July 1,
1972. and before October 27, 1972. containing
the same information as is required by such
section.
The ACTING PRESIDENT pro tem-
pore. The question is on agreeing to the
amendment.
Mr. ROBERT C. BYRD. Mr. President,
the law requires the submission of the
budget by the President within 15 days
following the convening of the Congress.
This year, due to the fact that Congress
convened on the third of January, the
budget would have to be submitted by
the President, under the law, by January
18.
House Joint Resolution 1. which has
come over from the other body, would
extend the time during which the Presi-
dent could submit the budget by 11 days,
in accordance with the wishes of the
President. This would mean that the
President could then have imtil January
29 to submit his budget for fiscal year
1974.
My amendment would require, along
with the submission of the budget or
prior thereto, the submission to the Con-
gress of a report which would indicate all
of the funds that have been impounded
by the executive branch, and the rea-
sons therefor, since July 1, 1972, and up
to January 29. 1973.
May I say that from time to time the
executive branch has submitted such re-
ports to the Congress. The last such re-
port, however, was submitted on June 30,
of last year. I ask unanimous consent at
this time, Mr. President, that such report
be printed in the Record at the conclu-
sion of my remarks
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered
(See exhibit 1.)
Mr. ROBERT C. BYRD. Consequently
Mr. President, the Congress does not
know what funds have been impounded,
or the reasons therefor, since the date of
June 30, 1972.
During the consideration of the law-
Public Law 92-599— which was enacted
extending the debt ceiling on last Octo-
ber 27, the distinguished Senator from
Minnesota (Mr. Humphrey) offered an
amendment which would require that
any impoundments made by the execu-
tive branch be reported "promptly" to
the Congress but with no interpretation
or definition of the word "promptly. ' In
any event, no such reports have JDeen
submitted thus far. Of course, I recognize
the fact that Congress was not in session
following adjournment, imtil January 3
of this year. But we have been in session
since January 3, and there is no indica-
tion as to when a report may be ex-
pected from the executive branch with
respect to the funds that have been im-
pounded even since October 27, 1972, to
say nothing of the funds impounded prior
thereto and subsequent to June 30 of
last year. So. insofar as reports on the
impounding of funds "promptly" to the
Congress is concerned, that was re-
quired in the law extending the debt limit
on October 27 of last year.
My amendment today would not only
encompass the submission of the reports
required by Public Law 92-599, but would
also require that there be a submission of
a report with respect to funds im-
pounded— including the information re-
quired in the law extending the public
debt limit on last October 27 — by or be-
fore January 29 of this year, and it
would extend back to and including July
1 of last year.
Mr. GRIFFIN. Mr. President, would the
Senator yield to me for a suggestion?
Mr. ROBERT C. BYRD. Mr. Presi-
dent, if the Senator would wait a mom-
ent, I shall be glad to yield to him. I
would like to finish my explanation of
the amendment and the reasons therefor.
A question may arise as to why the
Congress needs this information on im-
poundments at this time. All of these
funds have been provided by the Con-
gress for fiscal year 1973 and were in-
tended to be obligated for the purposes
specified by Congress. If the President
has impounded certain funds — and we
have read in the press from time to time
that he has, but we have no way of know-
ing for sure — Congress should certainly
be srecifically informed regarding the
programs affected and the programs cui-
tailed. and the reasons therefor. Further-
more, there has been a great deal of
speculation in the press, on the radio, and
on television as to the need for a ceiling
on budget outlays for fiscal year 1973.
Januanj 6, 1973
CONGRESSIONAL RECORD — SENATE
419
I do not believe that any serious con-
sideration can be given to such a celling
by the Congress without first examining
ail of the impoundments that have here-
tofore been made by the administration,
together with those that may yet be
made.
As I say, the administration has sub-
mitted such reports in the past, and the
law extending the debt limit requires
such reports to be submitted "promptly."
But we do not know what "promptly"
means.
My amendment would nail it down
and would require that the information
be submitted to the Congress by or be-
fore January 29 of this year.
Mr. GRIFFIN. Mr. President, if the
Senator would yield, I think that we can
dispose of this very quickly.
Mr. ROBERT C. BYRD. Mr. President,
I yield to the Senator from Michigan.
Mr. GRIFFIN. Mr. President, let me
say tliat the amendment, needless to say,
caught me by surprise. I was not aware
that an amendment was going to be of-
fered. We were taking up a resolution
and considering it immediately. There
are routine resolutions, of course, that we
do have to handle in such fashion.
The amendment is being offered to a
resolution of that nature. I was not im-
mediately aware of whether it was prac-
tical or possible for the administration to
comply with the request orVthe demand
embodied in the amendment. But we have
been able in the time we have had during
the quorum call to do some checking.
Let me make thus suggestion to the dis-
tinguished Senator from West Virginia.
In view of the fact that the staff of the
Budget Bureau is right now completely
absorbed, as I imderstand it, with prepar-
ing the budget and the message and will
have to have it ready by the date Indi-
cated in the resolution, I am informed
that there will be no objection if he were
to extend the time for the report con-
cerning the impoundment of funds to 1
week beyond that date. They would com-
ply with that and be able to provide such
report within another week.
I wonder if that would be acceptable
to the Senator from West Virginia, and if
he would amend his amendment accord-
ingly we could go on.
Mr. ROBERT C. BYRD. Mr. President,
would the Senator yield?
Mr. GRIFFIN. I yield.
Mr. ROBERT C. BYRD. Mr. President,
I think the assistant Republican leader
has made a very reasonable proposal,
and he has explained the justification
for his proposal.
I, therefore, modify my amendment to
strike the date January 29 as it appears
twice in my amendment and insert in
lieu thereof in both instances the date
of February 5, which would extend
Mr. President, may we have order in
the Senate?
The ACTING PRESIDENT pro tem-
pore. The Senate will please be In order.
Mr. ROBERT C. BYRD. Mr. President,
I will not proceed untU the Senate is in
order.
Mr. MANSFIELD. Mr. President, I
would suggest that Senators take their
seats.
The ACTING PRESIDENT pro tem-
pore. Will Senators please take their
seats?
Mr. ROBERT C. BYRD. Mr. President.
I modify my amendment to strike out
the date January 29, 1973, which ap-
pears twice and insert in lieu thereof
in both instances the date February 5.
1973. Hence, while the President will
have until Januarj' 29 to submit the
fiscal year 1974 budget, he will have until
February 5 — 1 week longer — to submit
the information regarding funds im-
pounded.
Mr. GRIFFIN. With that modification,
there is no objection.
The ACTING PRESIDENT pro tem-
pore. The amendment is accordingly
modified.
The amendment, as modified, reads
as follows:
At the end of the Joint resolution Insert
the following new section:
Sec. 2. Not later than February 5, 1973. the
President shall transmit to the Congress { 1 )
the reports, with respect to all funds Im-
pounded on or attdr October 27, 1972, and
before January 29, ^973. required by section
203 of the Budget and Accounting Proce-
dures Act of 1950 (as added by section 402 of
the Federal Impoua^ment and Information
Act), and (2) a report, with respect to all
funds Impounded on or after July 1, 1972,
and before October 27, 1972, containing the
same information as is required by such sec-
tion.
ExHiBrr 1
Budgetary Reserves, June 30, 1972
Under authority delegated by the Presi-
dent, the Office of Management and Budget
operates a system of apportioning the funds
provided by the Congress. The apportion-
ments generally are for the current fiscal
year and limit the amounts the agencies may
obligate during specified periods.
There are occasions when the amounts of
available funds are not fully apportioned.
That Is, some amounts are either withheld
from apportionment, or their use is tem-
porarily deferred. In these cases, the funds
not apportioned are said to be held or placed
"in reserve." This practice Is one of long
standing and has been exercised by both
Repiibllcan and Democratic Administrations
as a customary part of financial manage-
ment.
The reasons for withholding or deferring
the apportionment of available funds usual-
ly are concerned with routine financial ad-
ministration. They have to do with the effec-
tive and prudent use of the financial re-
sources made available by the Congress. The
provisions of the Antideflclency Act (31 U.SC.
665) require the President to establish re-
serves of appropriated funds for such reasons
as a change in conditions since they were
appropriated or to take advantage of pre-
viously unforeseen opportunities for savings.
Thus, specific apportionments sometimes
await (!) development by the affected agen-
cies of approved plans and specifications, (2)
completion of studies for the effective use
of the funds. Including necessary coordina-
tion with the other Federal and non-Federal
parties that might be Involved. (3) establish-
ment of a necessary organization and desig-
nation of accountable officers to manage the
programs, (4) the arrival of certain con-
tingencies under which the funds must by
statute be made available (e.g., certain direct
Federal credit aids when private sector loans
are not available ) .
Table 1, attached, lists the items and
amounts being reserved on June 30, 1972, for
such routine financial administration. They
total $9.1 billion, which is a reduction of
nearly $1.5 billion since January of this year.
This reduction is indicative of the fact that
amounts are frequently released from re-
serve— and put to use — during each fiscal
year as plans, designs, specifications, studies,
project approvals, and so on are completed.
The reserves established for reasons of
routine financial administration are recog-
nized by all concerned to be temporary de-
ferrals, and their need or wisdom is usually
not questioned. In addition, however, there
has been a long-standing and consistent
practice in both Republican and Democratic
Administrations to establish some a — much
smaller amount of — reserves for reasons other
than routine financial administration. It is
these latter reserves which have sometimes
been criticized as "impoundments" of funds.
Amounts being held in reserve for reasons
other than routine financial administration
generally could be used (i.e., obligated) dur-
ing the apportionment time period. They
have not been apportioned from time to time
for such reasons as the Executive's responsi-
bility to (1) help keep total Government
spending within a congressionaUy- Imposed
ceiling, (2) help meet a statutory limitation
on the outstanding public debt, (3) develop
a governmentwlde financial plan for the cur-
rent year that synchronizes program-by-pro-
gram with the budget being recommended
by the President for the following year, or
(4) otherwise carry out broad economic and
program policy objectives.
Table 2, attached, lists the items and
amounts held in reserve on June 30. 1972, for
reasons other than routine financial admin-
istration. They total $1.5 billion, a reduction
of more than $200 million from the amount
so reserved in January of this year. Of the
$1.5 billion total, almost $450 mUllon was
released and apportioned on July 1. 1972, as
indicated in the various footnotes on Table A.
The total of all current reserves (I.e., Ta-
bles A and B) is 4.6% of the total unified
budget outlays for fiscal 1972. The compara-
ble percentage at the end of fiscal years 1959
through 1961 ranged from 7.5^^ to 8.7%. At
the end of fiscal 1967. It stood at 6.7%, b r«
a range In the neighborhood of 6% has been
normal in recent years.
Table 1. — Budgetary reserves for routine
financial administration
June 30, 1972
[In thousands of dollars)
Agency and account Amount
Executive Office of the President:
National Security Council 33
This amount was in excess of
1972 needs.
Special Action Office for Drug
Abuse Prevention 682
Represents the balance of ap-
propriation which cannot be
utilized by the Office in 1972
due to late enactment of legisla-
tion. Release will occur as need-
ed In 1973 operations.
Funds Appropriated to the Presi-
dent:
Appalachian Regional Develop-
ment program 40,000
Apportionment awaits devel-
opment of approved plans and
specifications.
International Security Assist-
ance : Foreign military
credit sales— ^ 15, 350
Because of increased private
financing, the legislated program
celling was achieved without
the use of the full budget au-
thority appropriated.
International development as-
sistance: Prototype desalt-
ing plan 20,000
420
CONGRESSIONAL RECORD — SENATE
Januanj 6, 197 S
Amount
70
352
2,049
729
12.453
Table 1-— Budgetary reserves for routine
financial administration — Continued
June 30, 1972
I In thousands of dollars)
Agency and account
Funds Appropriated — Continued
Apportionment awaits devel-
opment of approved plans and
specifications.
Inter-American Foundation 41,624
Amount represents balance of
Initial funding from AID trans-
fer to cover first four years of
the Foundation's operations.
Apportionments will continue
to be made annually as plans
and specifications are developed.
Department of Agriculture:
Agricultural Research Service:
Construction
Represents residual amount
of appropriation for planning
that is not required for that
purpose. Apportionment
awaited additional appropri-
ation for construction.
Scientific Activities Overseas
(special foreign currency
program)
Amount shown here was In
excess of 1972 needs.
Animal and^Plant Health Serv-
ice
This amount was In excess of
1972 needs.
Farmers Home Administration:
Mutual and self-help housing
grants
Amount shown here was In
excess of 1972 needs.
Direct loan account (farm
operating loans limita-
tion)
Amount reflects release of
$37 million for last quarter of
fiscal 1972. The baJance of
loan authority Is being held
pending demonstration of fur-
ther need.
Consumer Marketing Service:
Consumer protective, market-
ing, and regulatory pro-
grams
Amount shown here was In
excess of 1972 needs.
Perishable Commodities Act
Fimd
Amount shown here was In
excess of 1972 needs.
Forest Service:
Forest protection and utiliza-
tion:
Cooperative range improve-
ment
Amount shown here was
In excess of 1972 needs, and
was released and apportion-
ed on July 1, 1972. to fund
the 1973 program,
youth Conservation Corps.
These funds were released
from reserve and appor-
tioned in July 1972 for the
CY 1972 program.
Forest roads and trails
Reserve reflects amount of
available contract authority
above the obligation program
that was approved and fi-
nanced by the appropriation
Congress enacted to liqui-
date the obligations.
Expenses, brush disposal
Amount shown here was In
excess of 1972 needs.
Forest Fire Prevention
Amount shown here was in
excess of 1972 needs.
760
624
1.730
402, 040
13,303
115
Department of Commerce:
Social and Economic Statistics
Administration: 19th De-
cennial Census 11,028
These funds had been held
In anticipation of the need to
' pay printing costs. They were
released and apportioned for
this purpose on July 1. 1972.
Regional Action Planning Com-
missions: Regional Action
Planning Commissions 300
Funds will be released when
Mississippi Valley Regional
Commission Is formed.
Promotion of Industry and com-
Imerce :
Trade adjustment assistance '
(financial assistance) • 50,000
Amount shown here was in
excess of 1972 needs.
Inter-American Cultural and
Trade Center 5,446
Funds will be released when
plans for participation In U.S.
Bicentennial are completed
and approved.
National Oceanic and Atmos-
pherfc Administration: Re-
search, development, and fa-
I duties 214
' These funds are for disaster
relief to fisheries. Apportion-
ments are made as applica-
tions from the States are proc-
essed following contingencies
under which the funds must,
by statute, be made available.
Research, development, and
facilities (special foreign
j currency program) 286
I These funds were released
and apportioned on July 1,
1972, to fund the 1973 pro-
gram.
Promote and develop fishery
products and research
pertaining to American
fisheries 257
Amount shown here was In
excess of 1972 needs. andGvas
released and apportioned on
July 1. 1972, to fund the 1973
program.
National Bureau of Standards:
Plant and facilities 1,495
Funds are for a new laboratory
now In the planning stage. Ap-
portionment awaits develop-
ment of approved plans and
specifications.
Department of Defense — Military:
Shipbuilding and conversion 1,338,946
For use In subsequent years;
these projects are fully funded
when appropriated.
Other procurement programs 21,020
For use in subsequent years:
these projects are fully funded
when appropriated.
Military construction and fam-
Uy housing 171,304
Apportionment awaits devel-
opment by the agency of ap-
proved plans and specifications.
Civil defense programs 1,277
Amount was In excess of 1972
needs, and was released and ap-
portioned on July 1. 1972. to
fund the 1973 program.
Special foreign currency pro-
gram 4,903
Apportionment awaits devel-
opment by the agency of ap-
proved plans and specifications.
Department of Defense — Civil
Corps of Engineers:
Construction, General:
Lafayette Lake, Indiana 183
Funds are being held In re-
serve because of local opposi-
tion to Initiation of construc-
tion of the project.
Lukfata Lake, Oklahoma 450
Construction funds are be-
ing held In reserve pending
the completion of a new gen-
eral design memorandum
leading to an environmental
Impact statement.
New York Harbor Collection
and Removal of Drift 80
Funds are being held In re-
serve because, although the
project has been authorized by
the Congress for initiation and
partial accomplishment. Ini-
tiation of construction must
await approval of the Secre-
tary of the Army and the
President. The Secretary of
the Army forwarded the pro-
posal to the President on June
21, 1972, and his recommenda-
tions are currently under re-
view.
Panama Canal Government:
Capital outlays 850
These FY 72 funds, reserved at
the request of the Panama
Canal Government, will be com-
bined with the 1973 appropria-
tion for the purchase of major
items of capital equipment.
Wildlife conservation 474
Includes estimated receipts
not needed for current year pro-
gram. Will be used in subse-
quent years.
Department of Health, Education,
and Welfare:
National Institutes of Health:
Buildings and facilities 2,565
Apportionment awaits devel-
opment by the agency of ap-
proved plans and specifications.
Office of Education:
School assistance in federally
affected areas 4,998
Apportionment awaits de-
velopment by the agency of
approved plans and specifica-
tions. Construction obliga-
tions win be Incurred subse-
quently.
Higher education 1,462
Apportionment awaits de-
velopment by the agency of
proved plans and specifica-
tions.
Educational activities overseas
(special foreign currency
program) 16
Apportionment of this
amount awaits development
of approved plans and speci-
fications by the agency.
Social Security Administration:
Construction 12,095
Apportionment awaits de-
velopment of approved plans
and specifications by the
agency.
Special Institutions:
Gallaudet College 518
This amount was in excess
of funds which could be effec-
tively used In 1972.
Howard University 3,714
Apportionment of this
amount awaits development
ment of approved plans and
cations. Construction obliga-
tions will be Incurred subse-
quently.
Department of Housing and Urban
Development :
Model cities programs 105,000
This amount was released
on July 1, 1972. Its earlier re-
serve enabled several cities to
count on proceeding with
their fiscal year 1973 programs.
January 6, 1973
neoartment of the Interior:
Bureau of Land Management:
Public lands development,
roads and trails
Reserve reflects amounts of
available contract authority
the obligation program that
was approved and financed by
the appropriation Congress en-
acted to liquidate the obliga-
tions.
Bureau of Indian Affairs:
Road construction
Reserve reflects amounts of
available contract authority
above the obligation program
that was approved and fi-
nanced by the appropriation
Congress enacted to liquidate
the obligations.
Bureau of Outdoor Recreation:
Land and water conserva-
tion fund
, Consists of 1972 annual con-
tract authority which was
made available by P.L. 91-308.
approved July 7. 1970, It has
not been used because the Fed-
eral agencies purchasing park
lands have found annvial con-
tract authority cumbersome to
administer. Instead, they pre-
fer ordinary appropriations to
finance such land purchases.
The 1973 budget proposes ap-
propriation of the full $300 mil-
lion annual authorization lor
the fund, of which about $98
million is for Federal land pur-
chases in 1973.
Bureau of Mines:
Drainage of anthracite
mines
Funds are spent on a match-
ing basis with Pennsylvania as
that State and the Department
of the Interior develop projects
for this purpose. Apportion-
ment awaits development of
approved plans and specifica-
tions in FY 1973.
Bureau of Sport Fisheries and
Wildlife:
Contructlon
Appropriated funds for DC.
Aquarium withheld because
authorized facility cannot be
constructed within the fund-
ing limits established by the au-
thorization. The Appropria-
tions Committees of the House
and Senate have directed that
the funds be used in fiscal 1973
for the construction of other
facilities. Release is scheduled
shortly.
National Park Service:
Parkway and road construc-
tion
Reserve refiects amounts of
available contract authority
above the obligation program
that was approved and financed
by the appropriation Congress
enacted to liquidate the obliga-
tions.
Bureau of Reclamation:
Construction and rehabilita-
tion
Funds are being held In
reserve pending completion
and review In FY 1973 of
the economic restudy to de-
termine the most effective
use of funds for the Second
Bacon Siphon and Tunnel
Unit, Wash.
Operation and maintenance
and replacement of proj-
ect works. North Platte
project
CONGRESSIONAL RECORD — SENATE
421
This amount fulfilled the
legal requirements for this ac-
count of an annually estab-
16, 694 llshed contingency reserve.
Department of Justice:
Federal Prison System:
Buildings and facilities 4,299
The apportionment awaits
development of approved plans
and specifications.
Department of Labor;
Grants to States for unem-
53, 699 ployment insurance and
employment services 20,192
Late enactment of supple-
mental appropriations and
lower unemployment Insur-
ance workloads permitted sav-
ings to be made.
Department of State:
Education exchange fund
(earmarked proceeds of
30,000 pavment bv Finland on
World War I debt), 22
This amount was released and
apportioned on July 1, 1972, to
fund the 1973 program.
Bureau of Educational and Cul-
tural Affairs: International
Educational Exchange Ac-
tivities (special foreign cur-
rency program) 5
Funds represent recent re-
covery of prior year obligations
in excess of current year needs.
These funds were released and
apportioned on July 1, 1972, to
fund the 1973 program.
Department of Transportation:
Coast Guard:
Acquisition, construction and
Improvements 7,607
3, 623 Funds are for equipment or
Improvements and will not be
needed until construction on
: seven proJect^s Is in an ad-
y I vanced stage. They will be re-
leased when needed.
Alteration of bridges 1,000
Apportionment awaits de-
velopment of approved plans
and specifications.
Federal Aviation Admlnistra-
9,075 tion:
Facilities and equipment (Air-
port and Airway trust
fund) il5,897
Grants-in-aid for airports
(Airport and Airway trust
fund). 6,368
Construction, National Capital
Airports 900
Civil Supersonic aircraft de-
velopment termination 4.506
Other 2.200
Apportionment of the above
FAA accounts awaits develop-
ment of approved plans and
72, 621 specifications.
Federal Highway Administra-
tion:
Territorial Highways 5,000
New program established by
the 1970 Highway Act, effec-
tive December 30. 1970. No ap-
propriation was provided tmtll
August 1971, although $4,500.-
000 of contract authority was
1,055 authorized for each of 1971 '
and 1972. Territories were not
prepared to handle program
and have only recently begun
to organize agencies and pre-
pare studies for use of the
funds. Total obligations
through December 31, 1971,
were about $93,000.
Federal-aid highways:
1973 contract authority 5,700,000
Remaining balance from re-
84 ductlons made in prior
years J-- 246,798
Urban Mass Transportation
Administration :AJrban mass
transportation /. 299,970
The Congress provided a to-
tal of $3. IB of contract au-
thority for the 5-year period
1971-75. Executive branch ap-
portionments resulted In $1B:
of this amount being used by
June 30, 1972, another $1.0B
(including this S300M) will be
apportioned for fiscal 1973, leav-
ing $1.1B, or $550M per year for
the fiscal years 1974 and 1975. By
appropriation action in fiscal
years 1971 and 1972, the Con-
gress effectively limited the
amount of the contract author-
ity that could be used each fis-
cal year. Thus, the $300M shown
is the difference between the
$600M apportioned for 1972 and
the $900M upper limit for which
administrative expenses may be
incurred under the 1972 Ap-
propriation Act for the Depart-
ment of Transportation: "Sec.
308. None of the funds provided
in this Act shall be available for
administrative expenses in con-
nection with commitments for
grants for Urban Mass Trans-
portation aggregating more than
$900,000,000 in fiscal year 1972."
(Italic supplied.)
Treasury Department:
Office of the Secretary:
Construction, Federal Law
Enforcement Training Cen-
ter 22,239
Apportionment awaits de-
velopment by the agency of
approved plans and specifica-
tions.
Expenses of administration
of settlement of World War
. Claims Act of 1928 1
Amount shown here was in
excess of 1972 administrative
costs.
Bureau of the Mint:
Construction 79
Apportionment awaits the
completion of studies for the
effective use of funds.
Atomic Energy Commission:
Operating expenses:
Reactor development :
Funds held in reserve fcr
the Liquid Metal Fast
Breeder Reactor (LMF-
BRi demonstration plant
awaiting negotiations now
tuiderway involving AEC
and Commonwealth Edi-
son Company and TVA...
Biomedical Research:
Funds held in reserve pend-
ing development of a plan
for effective utilization. _ .
Plant and capital equipment:
Funds held in reserve await-
ing AEC's development of
firm plans cr specuica-
tlons for two projects in
the nuclear materials and
weapons programs
Funds held in reserve await-
ing AECs completion of
feasibility studies or the
results of research and
development efforts for
the national radioactive
waste repository and two
other projects 2,533
Funds held In reserve for
possible cost overruns and
other contingencies 2,200
43.350
370
175
422
CONGRESSIONAL RECORD — SEN ATE
January 6, 1973
Table 1.— Budgetary reserves for routine
financial administration — Continued
June 30. 1972
( In thousands of dollars |
Agency and account Amount
Environmental Protection Agency:
Operations, research and facil-
ities 7.294
Reflects release of $28M for
Cincinnati laboratory. Remain-
der awaits completion of EPA
study of requirements for other
laboratory facilities.
General Services Administration:
Construction, public buildings
projects 17. 971
810.803 thousand Is being held
for future obligation. The proj-
ects are not ready for construc-
tion and financing is under re-
view. Apportionment awaits
completion of this action
$7,160 thousand is reserved to
meet possible contingencies that
might rise in the course of
•"onstructlon.
Sites and expenses, public build-
ings projects 11.567
Reserved to meet possible con-
tingencies or for use In subse-
quent years.
Operating expenses. Property
Management and Disposal
Service 769
Amoimt shown here was not
needed In 1972 for stockpile dis-
posals.
Veterans' Administration: ,
Grants to States for extended
care facilities 8,420
State plans and requests for
lands were not presented to the
extent originally expected.
Amount shown will be available
for program In future years.
OTHER INDEPtNDENT AGENCIES
.Cabinet Committee on Opportuni-
ties for Spanish-Speaking Peo-
ples 5
This amount was In excess of
1972 needs.
Federal Communications Com-
mission : Salaries and expenses,
(construction) 460
These funds are Intended for
replacement of a monitoring
station. Funds remain In re.serve
until results of study requested
b- Congress are available re-
garding the need for continua-
tion of fixed monitoring sta-
tions.
Federal Home Loan Bank Board:
Interest adjustment payments.. 46. 888
Funds which could be effec-
tively utilized by the Board In
fiscal year 1972 were appor-
tioned. This amount was not
needed.
Foreign Claims Settlement Com-
mission:
Salaries and expenses ig
This amount was In excess of
1972 needs.
Payme:u of Vietnam and Pueblo
prisoner of war claims 150
Apportionment awaits arrival
of contingencies under which
the funds must, by statute, be
made available.
Smithsonian Institution:
Salaries and expenses. Woodrow
Wilson International Center
for 'Scholars xi
Reserved for contingencies.
Will be apportioned If and when
needed.
Temporary Study Commissions:
Commission on Highway Beautl-
ficatlon 25
Amount being held for com-
pletion of Commission's work In
1973.
Commission on Population
Growth and the American Fu-
tiu"e
A small contingency amount
was set aside to cover any In-
creases In contracted costs after
the Commission completed Its
work in May. 1972. No Increases
occurred and the funds are not
needed to complete the work of
the Commission.
National Commission on Con-
sumer Finance
For terminating the Commis-
sion in 1973 after the report Is
completed.
Aviation Advisory Commission .
These funds were released and
apportioned on July 1. 1972 to
carry Commission through Its
expiration date of March, 1973.
Commission on Government
Procurement
Si. 4 million to remain avail-
able until expended was appro-
priated In the Second Supple-
mental Act of 1972. $100 thou-
sand was apportioned for 1972:
the remainder will fund the
Commission's operations through
April 1973.
U.S. Information Agency:
Salaries and expenses (special
foreign currency program)
Special International exhibitions
These amounts were released
and apportioned July 1. 1972.
Water Resources Council:
Salaries and expenses
Funds were held In reserve
pending establishment of new
river basin commissions.
30
50
587
1,300
407
746
25
Total' 9,110,078
»Of this total, ?467 million was released
at the start of fiscal 1973.
Table 2. — Reserves for reasons other than
routine financial administration, June 30,
1972
[In thousands of dollars]
Agency and Account
Department of Agriculture :
Rural Electrification Admlnls- Amount
rratlon — Loan.s ' 107,000
Farmers Home Administra-
tion:
Sewer and water grants* 58,000
Department of Housing and
Urban Development :
Rehabilitation loans' 63.042
Grants for new community as-
sistance ' 5,000
Basic water and sewer grants ». 500, 000
Department of Transportation:
Federal-aid highways 623,000
Rights-of-way for highways.. 50.000
Urban mass transportation* (299.970)
Atomic Energy Commission' 17.655
NERVA-Nuclear Rocket (16,990)
Plowshare (eeS)
National Aeronautics and Space
Administration :
NERVA-Nuclear Rocket 21.914
National Science Foundation:
Educational and institutional
support' 21,000
Graduate tralneeshlps " 9,500
Reserves established pursuant to
President's August 15. 1971. di-
rective to curtail previously-
planned Federal employment
levels' 61,750
I Total" 1.527.861
'This amount was released and appor-
tioned on July 1, 1972.
»Of this amount. «42 million was released
and apportioned on July 1. 1972.
*Of thlfl amount, $200 million was re-
leased ai*- apportioned on July 1, 1972. The
remainder Is being held for subsequent ap.
portlonment.
•This amoimt was released and appor-
tioned on July 1. 1972. It Is listed here be-
cause of public and congressional interest
It Is not counted In the total of Table 3
because its use Is consistent with con-
gressional Intent. The Congress provided a
total of $3,1 billion of contract authority for
the five-year period 1971-1975. Executive
Branch apportionments result In $1.0 bll-
Uon of $3.1 billion total being used by
June 30, 1972, another $1.0 billion (includ-
ing this $300 mUllon) la being apportioned
for fiscal 1973, leaving $1.1 billion, or $550
million shown per year for the fiscal years
1974 and 1975. The $300 million shown Is the
difference between the $600 million appor-
tioned for 1972 and the $900 million upper
limit for which administrative expen.ses may
be Incurred under the 1972 Appropriation
Act for the Department of Transportation:
"Sec. 308. None of the funds provided In
this Act shall be available for administrative
expenses In connection with commitments
for grants for Urban Mass Transportation
aggregating more than $900,000,000 In fiscal
year 1972." (Italics supplied.)
'Pending enactment of 1973 appropri-
ations. It Is planned that these funds be ap-
plied to AEC's total program needs for 1973
'Apportionment awaiting NSP review of
how these funds can be used effectively to
help meet the Nation's scientific and engi-
neering manpower needs without stimulat-
ing ati oversupply of manpower with special-
ized capabilities.
T These funds are the remainder of $280
mi;ilo:i in reserves established initially under
the President's directive of August 15, 1971.
The originally reserved amounts were largely
released to meet costs of pay raises and other
essential pusposes.
»Of thlB $1.5 billion total, $447 million
*ere released and apportioned on July 1,
1972 (as Itemized In the preceding foot-
notes).
The ACTING PRESIDENT pro tem-
pore. The question is on agreeing to the
amendment, as modified.
The amendment was agreed to.
Mr. ROBERT C. BYRD. Mr. President.
I ask unanimous consent to have printed
at this point in the Record title IV of
Pubhc Law 92-599 with respect to Fed-
eral impoundment information.
There being no objection, the title was
ordered to be printed in the Record, as
follows :
TITLE IV— FEDERAL IMPOUNDMENT
INFORMATION
SHORT TITLE
Sec. 401. This title may be cited as the
Federal Impoundment and Information
Act".
AMENDMENT OF THE BUDGET AND ACCOUNTING
PROCEDtJRES ACT OF 1950
Sec. 402. Title II of the Budget and Ac-
counting Procedures Act of 1950 is amended
by adding at the end thereof the following
new section:
"REPORTS ON IHJPOUNDED FUNDS
"Sec. 203 (a) If any funds are appropriated
and then partially or completely impounded,
the President shall promptly transmit to the
Congress and to the Comptroller General of
the United States a report containing the
following Information:
"(1) the amount of the funds Impotmded:
"(2) the date on which the funds were
ordered to be Impounded:
" ( 3 ) the date the funds were Impounded;
"(4) any department or establishment of
the Government to which such Impounded
funds would have been available for obliga-
tion except for such Impoundment;
"(5) the period of time during which th«
funds are to be Impounded;
January 6, 1973
CONGRESSIONAL RECORD — SEN ATE
423
"(6) the reasons for the Impoundment; and
"(7) to the maximum extent practicable,
the estimated fiscal, economic, and budgetary
effect of the Impoundment.
"(b) If any Information contained In a re-
port transmitted under subsection (a) Is sub-
sequently revised, the President shall
promptly transmit to the Congress and the
Comptroller General a supplementary report
stating and explaining each such revision.
"(c) Any report or supplementary report
transmitted under this section shall be
printed in the first issue of the Federal Reg-
ister published after that report or supple-
m'jntary report Is so transmitted."
Mr. ROBERT C. BYRD. Mr. President,
I thank the distinguished Republican
leader.
The ACTING PRESIDENT pro tem-
pore. The question is on the engross-
ment of the amendment as modified and
third reading of the joint resolution.
The amendment was ordered to be en-
grossed and the joint resolution to be
read a third time.
The joint resolution was read the third
time and passed.
RED TERROR
Mr. SCOTT of Pennsylvania. Mr.
President. I ask unanimous consent to
have printed in the Record an article by
Mr. Adrian Lee.
There being no objection, the article
was ordered to be printed in the Rec-
ord, as follows:
Protest Red Terror, Senator Suggests
Despite the occasional harsh word ema-
nating from Sen. Hugh Scott's Christmas
Eve encounter with his constituents, the con-
frontation outside the senator's Chestnut
Hill house would have to be described as
gentle. The 100 or so constituents conducted
their protest against the bombing of Hanoi
In the best Chestnut Hill tradition; the
candle-light vigil on Hlllcrest ave. was man-
nerly and, on the whole, unabraslve, at least
when compared with the grittier antiwar
demonstrations which have convulsed society
in recent years.
But Scott's neighbors from Chestnut Hill
and Mt. AirT,- made their point nonetheless;
the bombing of Hanoi and Haiphong, and
presumably all the targets enumerated by
the Pentagon, the railway yards, AA-gun and
SAM-mlssile emplacements, the power sta-
tions, was "Immorar': hopes for peace had
been "crushed." and In an open letter the
community felt constrained to register Its
concern this "holiday season, about the tragic
turn of events ..."
With the sense of timing thfet has dis-
tinguished Scott's approach to explosive
questions, the senator didn't debate the is-
sue with his constituents. At least not im-
mediately.
He left the field — the raln-sllck street,
the iron picket fence and crayoned anti-
bombing placards — to his constituents, and
retired indoors, presumably to ponder the
answering public letter he subsequently
wrote and submitted to the Chestnut Hill
Local.
Printed therein last Thursday. It leaves the
senator with the last word. And It should
come as a surprise to anybody entertaining
the glum thought that the delay In reply to
the community's letter heralded a hand-
somely wrought evasion.
There Is an un-Scott-like harshness to the
letter, a certain note of weariness with his
critics' near obsessive solicitude for Hanoi,
and their apparent indifference to Commu-
nist terror, slaughter and the indiscrimi-
nate bombing of hospitals, homes, schools
and orphan asylums In the South.
For those who think of Scott as vacillating,
fearful of alienating doves, hawks, or any
other species of metaphorical bird in be-
tween. It should come as a surprise to read:
". . . It Is only fair to ask these con-
stituents why they have not protested
against the current terrorist bombings of
Saigon.
"When Hanoi slaughtered over 3,000 civil-
ians in Hue. there were, sadly enough, no
parades of protestors anywhere In America.
Why?
"Be assured 1 will use my Influence to help
bring about peaceful solutions. At the same
time, I do not share the unwillingness of
critics to protest the ruthless acts of the
other side ..."
But It wasn't this more-or-less standard
reply to Mr. Nixon's critics that Impressed at
least one of Scott's neighbors; It was the
straightforward, matter-of-fact way In which
he addressed himself to the first question In
his constituents' open letter — "How does this
(the bombing) insure the safe return of our
POWs?"
Replied Scott, in an Illuminating post-
mortem on the collapse of the preelection
peace stlct: "... after the October events
(the appwent agreement between Henry Kis-
singer ana Hanoi Politburo spokesman Le
Due Tho) ,iHanoi imposed the condition that
our prisoners would not be returned until
South Vietnam released Its 40,000 North Viet-
namese prisoners . . . this, so far, the South
Vietnamese have refused to do, unless as-
sured that the armies of North Vietnam will
not be so emplaced as to begin new hostili-
ties, thus extending the war."
Whence Scott learned or divined this, he
didn't say; but he asserted It unequivocally.
And delivered thus, without qualification by
the GOP leader in the Senate, It has all the
ring of truth. It was Hanoi that tried to re-
nege on the October agreement. It was Hanoi
that insisted on undoing what Kissinger, In
his "peace-is-at-hand" press conference had
stated as an agreed-on provision: "... the
return of our prisoners is not conditional on
the disposition of Vietnamese prisoners In
Vietnamese Jails, on both sides of the con-
flict"; and, simultaneous with the withdrawal
of all American troops," there will be a re-
turn of all American prisoners, military or
civilian ..."
These were not Isolated provisions In the
quite complex draft agreement negotiated by
Tho and Kissinger, to be excised without af-
fecting the balance of the pact; the Nixon
Administration's anxiety over the POWs per-
meates Kissinger's "peace-ls-at-hand" ex-
planation of the draft agreement. And for
Hanoi to condition the release of U.S. pris-
oners on a general jail delivery In Saigon was
to bring the whole laboriously constructed
edifice down In ruins.
How was Saigon to be Induced to release
the 40,000 prisoners? And even If it could be
persuaded to do so, by cajolery, threats or
coercion, what was to be the next demand,
the next venture Into blackmail by an ad-
venturous and Imaginative Hanoi? What was
to be the next price for the release of the
American POWs?
And. implicit In Scott's letter, was the only
alternative: sending B-52s over Hanoi and
Haiphong, to brliig Hanoi back to the peace
table to slg^n an agreement It had helped
to negotiate and then tried to welsh on.
If any more candle-light vigils are to be
conducted, outside Senator Scott's Chestnut
Hill house, or elsewhere, they might close
with a prayer for the B-52 bomber crews who
flew their craft into a maelstrom of flame
and flying steel to obtain the lasting peace
Mr. NUon's critics seem to shrink from.
THE AMERICAN REVOLUTION BI-
CENTENNIAL COMMISSION— AP-
POINTMENT BY THE ■\nCE PRESI-
DENT
The ACTING PRESIDENT pro tem-
pore. The Chair on behalf of the Vice
President in accordance with Public Law
80-491, as amended by Public Law 92-
236, appoints Senator Charles McC.
Mathias to the American Revolution Bi-
centennial Commission in lieu of Nor-
Ris Cotton, resigned.
SPECIAL COMMITTEE ON THE
TERMINATION OF THE NATIONAL
EMERGENCY— APPOINTMENTS BY
THE VICE PRESIDENT
The ACTING PRESIDENT pro tem-
pore. The Chair on behalf of the Vice
President in pursuance of S. Res. 9, of
the 93d Congress, appoints the following
Senators as members of the Special
Committee on the Termination of the
National Emergency:
Mr. Church, cochairman: Mr. Hart.
Mr. Pell, and Mr. Stevenson, and Mr.
Mathias. cochairman; Mr. Case, Mr.
Pearson, and Mr. Hansen.
ORDER FOR RECOGNITION OF
SENATOR FANNIN ON TUESDAY,
JANUARY 9. 1973
Mr. ROBERT C. BYRD. Mr. Presi-
dent. I ask unanimous consent that on
Tuesday, Januarj- 9. following the re-
marks of the distinguished senior Sen-
ator from. Virginia iMr. Harry F. Byrd,
Jr.) the distinguished Senator from
Arizona (Mr. Fannin) be recognized for
not to exceed 15 minutes.
The ACTING PRESIDENT pro tem-
pore. Without ob.jection. ii is so ordered.
INTRODUCTION OF A BILL UNDER
SPECIAL ORDER
Under authority of the order of the
Senate of January 4. 1973, on January 6,
1973. during the adjournment of the
Senate, the following bill was introduced,
read the first time, and, by imanimous
consent, the second time, and referred
as indicated:
By Mr. INOUYE:
S. 231. A bUl to provide more effective
means for protecting the public Interest,
health, and well being of the people of the
State of Hawaii during strikes, lockouts, or
other forms of labor strife or discord In
either the maritime or longshore Industry,
or both Industries, which obstruct or close
the major seaports of the west coast of the
United States, thereby disrupting the normgJ^
flow of maritime Interstate commeft«^/6y !
means of surface water transportation both \
to and from the State of Hawaii; to the Com- ^
mlttee on Commerce.
Mr. INOUYE. Mr. President. I Intro-
duce for reference to the appropriate
committee today an amendment to the
Labor Management Relations Act de-
signed to provide a greater degree of
protection to the people of my State.
Such protection is in the form of a guar-
antee of a more continuous flow of com-
merce and thereby a degree of equity
with other States which have more than
424
ont
mode of surface transportation.
Th\s measure is the result of continuing
on my part to find some means
guaranteeing to the people of my
that they will not become the hap-
and helpless victims of disputes
which originate outside our Islands and
ovqr which they have no control and
little influence,
last year, Mr. President. I held
lengthy hearings in Honolulu on a meas-
which I had Introduced, the Hawaii
Public Interest Act. Those hearings con-
me that the cost to the people of
State of such labor disputes is sub-
stajntial and indeed, horrendous. The
cost of even having to gird against a
threatened dilute is great. It has re-
eff^rts
of
Stdte
lesi;
veiy
virced
my
4.
5.
6.
7.
8.
9.
10.
11.
onsolidated Steamship Co., Port Huenene. Calif
mployers' Association of the Pacific Longshoremen, Los Angeles,
Calif.
I^aterfront Employers' Association. Los Angeles, Long Beach,
Caht.
aterfront Employers' Association, Longshoremen. Seattle, Wash..
aterfront Employers' Association, San Francisco, Los Angeles,
Long Beach, Calif.
riaritime strike. Nationwide "
aritime strike, 2\ States
aterfront Employers' Association, longshore and checkers,
Puget Sound area,
Maritime strike, irStates.
ilaska Steamship Co., Seattle, Wash
3'erfront Employers' Association, Los Angeles, Long Beach,
Calif. **
aterfront Employers' Association, Stevedores, San Francisco,
Calif.
bu
ac
m
if
:t
Haw-
be
we
priv
ou '
an
in
tic
thii
Ha
da
an 1
tioi
Haw
to
ou ,
CONGRESSIONAL RECORD — SENATE
January 6, 1973
January 6, 1973
CONGRESSIONAL RECORD — SENATE
425
quired excessive inventorj'ing each time
contracts come up for renegotiation
even though no strike or lockout occurs.
For this reason, I introduce today a
measure to amend the National Labor
Relations Act to provide that In the case
of a west coast dispute which ties up
SLu-face shipping between west coast
ports and Hawaii normal commerce must
continue to flow for a period of 60 days
or imtil the institution of the 80-day
injunction should that come prior to the
expiration of the 60-day period.
Work stoppages interfering with the
flow of shipping between the mainland
and Hawaii are not a new phenomenon.
Below is a brief history of work stop-
pages with the days duration of each up
to the present. You will note that many
of these are of relatively short duration
but they are meaningful nevertheless for
the people and businessmen of Hawaii
who are not able to determine in ad-
vance what that diuration may be. They
are, therefore, forced to Initiate exten-
■5ive inventory building and tie up large
amounts of capital all of which adds to
"osts and to consumer prices just to be
prepared in case of a prolonged strike
or work stoppage. Only four of these
in more than a quarter of a century have
exceeded the 60 days provided for in
this measure. In only one were workers
In Hawaii direct participants but in all
our workers suffered as did the other
economic interests in Hawaii.
See table below:
STRIKES INTERRUPTINGJSHIPPING BETWEEN HAWAII AND THE WEST COAST
Employer, union and/or occupation group involved
Beginning
date
Days
duration
Jan."2, 1946
June 17, 1946
46
2
July 12,1946
2
July
Aug.
15. 1946
1, 1946
1
1
Sept.
Oct
Nov.
5, 1946
1,1946
IZ, 1946
16
54
17
June 16. 1947
Aug. 11,1947
Oct. 1, 1947
4
10
^
Nov.
7, 1947
1
Employer, union and/or occupation group involved
Beginning Days
data duration
13. Waterfront Emplovers Association and Pacific Shipowners' Asso-B'^'pt. 2.
ciation, and Shipowners' Association of the Pacific, ILWU,
MEBA, NunflCS, ARA, Pacific Coast (VIROW Association.
14. Castle & Cooke Terminals; McCabe, Hamilton, S Renny; Hilo Vay I,
Trans, and Terminal; Kahului RR.; Kauai Terminals; Mohukona
Terminas, (Hawaii), ILWU.
15. Pacific Maritime Association, American RadioJAssociation June 16,
16. Pacific R/laritime Association, Sailors Union of the Pacific May 27,
17. Pacific Maritime Association, American Radio Association July 28.
18. Pacific Maritime Association, Sailors' Union of the Pacific Nov. 5,
19. Pacific Maritime Association, American Radio Association Dec. 2,
20. Pacific Maritime Association (7) ILWU..- June 6,
21. Kauai Consolidate; Kawaihae Terminals; McCabe, Hamilton & Feb. 14
Renny (Maui) Castle & Cooke Terminals (Hawaii), ILWU.
22. Pacific Maritime Association, ILWU Nov. 17,
23. Pacific Maritime Association, ILWU July 1,
(resumed) Jan. 17,
24. Pacific Maritime Association, Masters, Mates & Pilots Oct. 25,
1948
1949
1951
19521
1952
1952
1954
1955
1967
1969
1971
1972
1972
96
177
10
63
4
6
6
I
1-4
35
100
reqent
ha
lo^
doie
of
tiv
]-Ir. INOUYE. Mr. President, during
disputes labor and management
'e volimtarily agreed to contmue to
and ship militarj' cargo. They have
so to avoid the strong likelihood
( jovemment intervention in the collec-
bargaining process. I am a strong
adtocate of free collective bargaining
I am an even stronger foe of any
tlon which would hold hostage 800,000
pe<iple to a labor dispute not of their
i king and upon which they have little
; iny influence.
is my understanding that the
aii bound west coast traffic presently
accounts for approximately 3 percent of
man-hours worked on the west
coist docks. It is also true that the ship-
ptr g interests which serve the Hawaii
weit coast trade have less than 13 per-
cent of the voting power in the Pacific
Msfritime Association.
am not advocating that we in Hawaii
freed from all threat of strike, that
seek special legislation and special
'•ileges not enjoyed by others under
labor-management system. Strikes
employer lockouts could still occur
Hawaii and in the surface transporta-
industries. They can even occur on
mainland and have their effects on
aii if they endure for more than 60
s.
] «Iy measure does recognize the imlque
sit lation in Hawaii, however, and it tries
do something sensible about it with-
gross Interference with the noimal
collective bargaining process.
ly measure dops recognize the unique
sittation in Hawaii, however, and it tries
to do something sensible about it without
gross interference with the normal col-
lective-bargaining process.
Some may argue that despite the very
small percentage, Hawaii traffic is of total
west coast traffic, permitting such partial
operation may reduce the pressures for
settlement and prolong the strike.
The loading and shipment of military
goods has kept labor on partial pay and
management in partial operation during
previous strikes. Our national security is
important but we must also recognize
that such partial operation may then
have prolonged the strikes which have
been inflicted on the civilian economy.
All I am asking in this legislation is that
the civilian population in Hawaii, be-
cause of our almost total dependence on
surface transportation between the west
coast and Hawaii for food, clothing, and
shelter be considered and our imique
circumstances recognized by law.
The higher cost of living which we
find in Hawaii is attributable in small
part to the normal higher cost of trans-
portation. Another and major factor is
the high cost of carrying lie.ivy inventory
because of the uncertainty of the trans-
portation. A recent studv of inventory
costs concluded that inventory buildups
in anticipation of a possible strike added
3 to 5 percent to the cost of putting mer-
chandise on the Hawaii market.
While air transport is carrying in-
creased traffic between the mainland and
Hawaii, such traffic is still limited to less
than 10 percent of the total by value
and 1 percent of the total by weight
or volume. Surface transportation be-
tween the west coast and Hawaii carries
over 90 percent of all food and clothing
imports into my State.
There has been enough rhetoric rela-
tive to the vulnerability of the people of
Hawaii to maritime and longshore work
stoppage and more than enough evidence
of our unique vulnerability and past in-
jury has been accumulated. It is now the
time for action. I am most hopeful the
approach outlined in this proposal will
receive the support and approval of the
Congress for I am convinced that it pro-
vides a workable solution which can be
easily implemented and one which takes
the side of neither disputant nor does it
interfere with the right of labor and
management to negotiate freely the
terms and conditions of a settlement of
their dispute.
INTRODUCED BILL PRINTED IN
THE RECORD
Under authority of the order of the
Senate of January 4, 1972. the following
bill was ordered to be printed in the
Record:
S. 231
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "Hawaii Public In-
terest Protection Act of 1973".
CONGRESSIONAL FINDINGS
Sec. 2. The Congress hereby finds that the
imique geographical situation of the State of
Hawaii, which is physically Isolated and sep-
arated by thousands of miles of water from
both the noncontiguous State of Alaska and
the forty-eight conterminous States of the
continental United States, creates and gener-
ates unique transportation dependency and
requirements for the people of the State of
Hawaii; that such unique transportation de-
pendencv and requirements of the people of
the State of Hawaii are qualitatively substan-
tially different from those of any and all other
States of the United States; that the people
of the State of Hawaii compose an economy
whose very existence depends upon a con-
tinuous flow of food and the essentials of life,
particularly from the major seaports of the
west coast," by means of surface water trans-
portation; that any disruption of the normal
flow of maritime Int^rsUte conamerce by
means of surface water transportation, as a
result of a strike, lockout, or other form of
labor strife or discord In the maritime or
longshore Industries which etTectlvely ob-
structs or closes the major seaports of the
west coast, thereby disrupting the normal
flow of maritime Interstate commerce by
means of surface water transportation both
to and from the State of Hawaii, automati-
cally imoerlls the health and well being of the
people of the State of Hawaii; that during
such maritime or longshore industry disrup-
tion the minimum assured consequences for
the people of the State of Hawaii are an in-
adequate supply of food, medicine, and other
essentials of life, an increase In unemploy-
ment, underemployment, and In the cost of
living, business failures, a slowdown in con-
struction, and a decline In total personal In-
come and retail trade: that the people of the
State of Hawaii have frequently been the In-
nocent third parties and victims of and have
often suffered enduring harm from disrup-
tions in the maritime and longshore indus-
tries of the kind described above; that, be-
cause of its unique geographical situation
and because there are no railroads or motor
vehicle highways physically connecting the
State of Hawaii to the continental United
States, the people of the State of Hawaii
suffer a unique type of Injury that Is not suf-
fered by the people of any other State of the
United States; that a maritime or longshore
industry disruption which obstructs or closes
the major seaports of the west coast, guaran-
tees suffering for the people of the State of
Hawaii comparable to that which the people
of any other State would suffer If an embargo
were enacted against all Interstate surface
transportation serving that other State,
thereby constructing a barrier around that
other State, isolating that other State, and
prohibiting both the entry and exit of all
goods transported thereto and therefrom by
rail, truck, ship, barge, and all other means
of surface transportation Into and out of that
other State; that the grave and Irreparable
public damage, harm, and Injury caused by
maritime and longshore Industry disruptions
of the kind described above underscore the
compelling need for laws that wUl provide
the people of the State of Hawaii from suffer-
ing which they currently experience In their
capacity as Innocent third parties to and
victims of such maritime and longshore In-
dustry disruptions; that the present emer-
gency disputes procedures established by
sections 206-210 of title II of the Labor-Man-
agement Relations Act, 1947 (61 Stat. 136. 29
U.S.C. 141-147), for dealing with labor dis-
putes which threaten the health or safety
of the American people, are inadequate and
have. In the case of the State of Hawaii, pro-
duced both a deterioration of the collective-
bargaining process and an Intensification of
emergencies created by maritime and long-
shore industry disruptions of the kind de-
scribed above: that the use of present emer-
gency disputes procedures for resolving such
maritime and longshore industry disruptions
has not prevented serious reductions In op-
erations and services essential to the health
and well being of the people of the State of
Hawaii; that, as a result of the existing labor
disputes provisions. Federal preemption of
State court Jurisdiction to Issue injunctions
In labor disputes has rendered the States of
the Nation powerless to act in their own
behalf during those labor emergencies which
the President chooses to Ignore; that these
consequences of State disability due to Fed-
eral preemption are magnified in the case of
the State of Hawaii because of the State of
Hawaii's unique geographical situation; and
that provision for the continuation of normal
commerce between the west coast ports and
the State of Hawaii during the first sixty
days of any such maritime or longshore In-
dustry disruption Is necessary In order to
protect the health and well being of the
people of the State of Hawaii and to encour-
age and maintain free collective bargaining.
CONGRESSIONAL PURPOSES AND POLICIES
Sec. 3. To carry out the policy of section
1(b) of the Labor-Management Relations
Act, 1947, and because the present emer-
gency dispute provisions of that Act are In-
adequate to satisfactorily achieve the policies
and purposes of that Act In the unique caae
of the State of Hawaii, since the people of
the State of Hawaii continue to suffer In
their capacity as innocent third parties to
and victims of maritime and longshore In-
dustry disruptions of the kind described In
section 2 of this Act, the Congress hereby de-
clares it to be the purpose and policy of this
Act, through the exercise by Congress of Its
powers to regulate commerce among the sev-
eral states and with foreign nations and to
provide for the general welfare, to assure so
far as possible, that no maritime or long-
shore Industry disruption of the above kind
will hereafter imperil the health or safety of
the people of the State of Hawaii by estab-
lishing means whereby vessels destined for
Hawaii from west coast ports can continue
for sixty days after the Initiation of a strike,
lockout or other forms of Industry disrup-
tion which threatens the health or safety of
the people of the State of Hawaii.
Sec. 4. Title II of the Labor Management
Relations Act, 1947, Is amended by adding
Immediately after section 208 of such title
the following new section:
"Sec. 208A. (a) In any case in which an In-
junction has not been obtained under sec-
tion 208 on the date of the beginning of a
strike or lockout Involving the Maritime or
Longshore Industries of the west coast ports
of the United States, no strike or lockout
shall be permitted which Interrupts the nor-
mal shipping destined for or originating from
Hawaii (destined for the west coast ports of
the United States) for a period of not less
than 60 days beginning on the date on
which such strike or lockout began.
"(b) Shipping services and transportation
required under subsection (a) shall be pro-
vided pursuant to rates of pay, rules, and
working conditions of existing agreements,
except that rates of pay established by the
collective bargain agreement resolving the
dispute shall provide retroactive compensa-
tion to the employees providing such ship-
ping services and transportation.
"(c) For the purpose of this section, the
term 'west coast ports' means the ports of
San Pranclsco-Oakland, Los Angeles-San Di-
ego, Portland and Seattle."
CXIX-
-28— Part 1
INTRODUCTION OP BILLS AND
JOINT RESOLUTIONS
The following bills and joint resolu-
tions were introduced, read the first time
and, by unanimous consent, the second
time, and referred as indicated:
By Mr. RANDOLPH (for Mr. Montoya
and himself) :
S. 232. A bill to establish a national de-
velopment program through public works in-
vestment. Referred to the Committee on Pub-
lic Works.
By Mr. MANSFIELD (for Mr. Batr) :
S. 233. A bUl for the relief of Lynette Co-
mach. Referred to the Committee on the
Judiciary.
By Mr. RIBICOFF:
S. 234. A bUl for the relief of Luc Avril and
Marie Tellcla AvrU. Referred to the Commit-
tee on the Judiciary.
Bv Mr. MOSS:
S. 236 A bUl to amend title 5, United
States Code, to regulate certain activities of
Federal employees, and for other purposes.
Referred to the Committee on Post Office and
Civil Service.
By Mr. RIBICOFF:
S. 236. A bin for the relief of Wayne Gafka.
Referred to the Committee on the Judiciary.
By Mr. MANSFIELD:
S. 237. A bUl to authorize the Secretary of
the Interior to convey certain lands to Au-
gust Sobotka and Joseph J. Tomalino of In-
take, Mont. Referred t-o the Committee on
Interior and Insular Affairs.
S. 238. A bill for the relief of Ivan Maurlclo
Mas-Jaccard, his wife. Carmen Mas-Jaccard.
and their children, Clifford Mas-Jaccard and
Jonny Mas Jaccard;
S. 239. A bUl for the relief of Loretto B.
Fitzgerald;
S. 240. A bill for the relief of Mrs. Wanda
Martens;
S 241. A bin for the relief of Baslle Chrls-
topoulos;
S. 242. A bUl for the relief of Hong-To
Lam and his wife, May-Fung Shum Lam;
S. 243. A bill for the relief of Roberto De
Lamonlca; and
S. 244. A bill for the relief of Joseflna Gon-
zales Batoon. Referred to the Committee on
the Judiciary.
By Mr. PROXMIRE:
S. 245. A bUl for the relief of Kamal An-
tolne Chalaby; and
S. 246. A bill for the relief of Tolanda
Ayubl. Referred to the Committee on the
Judiciary.
By Mr. MOSS (for himself and Mr.
Chttrch) :
S. 247. A bUl to amend the Communica-
tions Act of 1934 with respect to the renewal
of broadcasting licenses. Referred to the
Committee on Commerce.
By Mr. MOSS:
S. 248. A bill to terminate all price-sup-
port programs for tobacco beginning with
the 1974 crop of tobacco. Rcfered to the Com-
mittee on Agriculture and Forestry.
S. 249. A bill to amend the Federal
Cigarette Labeling and Advertising Act to
require the Federal Trade Commission to
establish acceptable levels of tar and nico-
tine content of cigarettes. Referred to the
Committee on Commerce.
By Mr. RIBICOFF:
S. 250. A bill to amend the Internal
Revenue Code of 1954 to aUow a credit
against the Individual Income tax for tui-
tion paid for the elementary or secondary
education of dependents. Referred to the
Committee on Finance.
By Mr. HRUSKA (for himself and
Mr. Eastland* :
S. 251. A bin for the relief of Frank P.
Puto. AlDhonso A. Muto, Arthur E. Scott,
and F. Clyde WUklnson. Referred to the
Conunlttee on the Judiciary.
By Mr. RIBICOFF:
S.J. Res. 12. A .lolnt resolution designat-
ing Wednesday, Febriary 21. 1973, to
honor the .American Academy of Forensic
Sciences. Referred to the Committee ou
the Judiciary.
STATEMENTS ON INTRODUCED
BILLS AND JOINT RESOLUTIONS
By Mr. RANDOLPH <for Mr.
Montoya and himself) :
S. 232. A bill to establish a national
development program through public
4!6
a!
on
sl( n
ten
In ;:
pr isented
wl 1
In
ve
foi
lie
wll
CONGRESSIONAL RECORD — SEN ATE
January 6, 1973
w jrks investment. Referred to the Com-
ir ittee on Public Works.
nfE PUBLIC WORKS DEVELOPMENT ACT OF 1973
Mr. RANDOLPH. Mr. President, the
Senator from New Mexico (Mr. Mon-
T( iTA) Is necessarily absent from the Sen-
a e today. On his behalf I introduce for
a]|>propriate reference the Public Works
velopment Act of 1973, which I join
a cosponsor.
[ ask unanimous consent that remarks
this bill by the Senator from New
N exico be printed In the Record at this
p( lint.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Statement by Senator Montota
Mr. President, I am Introducing this bill
to lay in order to emphasize my strong be-
11« t that new and more comprehensive legls-
la Ion Is needed in the area of national re-
gional development. During the Second Ses-
of the 92nd Congress, the Subcommlt-
on Economic Development of the Public
Wt)rlcs Committee held eight days of hear-
;3 on this bill. Valuable suggestions were
ented during those hearings, and they
be used to strengthen this legislation,
n addition. I intend to hold extensive
hearings this year throughout the countr>-
order to further determine the successes
shortcomings of current economic de-
opment programs and to provide a forum
further discussion concerning a new pub-
works-development program.
rhe new program will build on the record
^blished during consideration of this bill
the experience gained from the Appa-
an Regional Development Program, the
Title V — Action Planning Commission Pro-
and the Economic Development Ad-
m^istratlon Program. This new approach
be designed to promote a working part-
ship of Federal. State, and local govern-
ments.
believe that proper social, economic, and
ironmental development can be fostered
through sound and coordinated public works
vestment. Such Investment would be
on a planning process Incorporating
In^ut from all levels of government. Program
Ive would be placed at the local level
Willie the administrative structure would
State and local governments adapt the
irces of diverse national programs to lo-
requlrements. It is anticipated that this
— --, of coordinated public decisionmaking
wo^^ld result in reasoned patterns of devel-
and greater opportunity for all
en
th
in
foilnded
Inj ut fro
Inl tlatlve
whll
he p
res aurces
cal
pn cess I
wojld r
op nent
An.erlcans.
' "he program envisioned by the Committee
take into account the changing con-
- of the past quarter-century. It would
t authority to make decisions on pub-
investments back to State and local gov-
eri ments, but it would also maintain Fed-
ersl participation on a partnership basis.
wo aid
dlt Ions
reqlrect
lie
By Mr. MOSS :
fc. 235. A bill to amend title 5, -United
Stites Code, to regulate certain activi-
tie 5 of Federal employees, and for other
pu rposes. Referred to the Committee on
Po^t Office and Civil Service.
HATCH ACT REFORM
ilr. MOSS. Mr. President, for more*
thiji 30 years. Federal employees have
be( n prohibited from any fonn of active
pa ticipation in our democratic proc-
ess es. The Hatch Act, which was enacted
in 1939 for the purpose of protecting
Feleral employee political rights, has in-
ste Id served to deny them.
"he Supreme Court has recently
ag] eed to consider a ruling of the district
«o\ irt of the District of Columbia that a
central provision of the Hatch Act is un-
constitutional. Specifically, this section:
Prohibits Federal employees — or employees
In federally financed programs — from taking
active part In political campaigning.
The district court ruled that the lan-
guage in the law was "broad, ambiguous,
and unsatisfEictory," and in violation of
the first amendment.
Until the Supreme Court reaches a de-
cision on the lower court ruling, there
will be no reason for the Congress to
consider legislation to revise or modify
the Hatch Act. But after the decision
is handed down, the Congress may wish
to consider some phase of the problem,
and I am therefore reintroducing the
bill which was before the Senate last
session which would permit government
workers to participate freely in national.
State or local elections. I should like
Federal employees to know that legisla-
tion is pending in this field to be called
up quickly if needed.
Government workers today are not
permitted to:
Express public support for a candi-
date, lest it be construed as part of a
campaign;
Write an article in a newspaper or
pamphlet supporting a political candi-
date or political issue;
Distribute campaign material;
Solicit funds for candidates;
Serve as a delegate to a political con-
vention; or serve as an officer in a po-
litical organization.
Several of these all-pervasive prohibi-
tions could be removed without endan-
gering the Government worker's ability
either to perform his official duties or to
maintain his own political independence.
Other provisions, such as those related to
solicitation and fundraising, in many
cases simply duplicate existing criminal
statutes.
Fimdamentally, the bill I am intro-
ducing would allow Government workers
to express their political opinions, a basic
right they have long been denied. It
would also allow them to serve as dele-
gates to conventions and permit them to
serve as campaign managers. It would
allow them to nm for office at the local
level, but not for Federal office.
In short, it would give back to a large
segment of our electorate a responsible
role in our democracy — a role they have
been denied for 30 years.
The measure I propose is based on the
recommendations made by the Commis-
sion on Political Activity of Government
Personnel established during the John-
son administration, which held hearings
in six cities and undertook substantial
research projects before making its re-
port.
By Mr. MOSS (for himself and
Mr. Church^ :
S. 247. A bill to amend the Communi-
cations Act of 1934 with respect to the
renewal of broadcasting licenses. Re-
ferred to the Committee on Commerce.
BROADCAST LICENSE RENEWAL
Mr. MOSS. Mr. President, I introduce
for appropriate reference a biU to amend
the Communications Act of 1934 with re-
spect to the renewal of broadcasting li-
censes. We are well aware of the havoc
that can be created by citizen challenges
to license renewals, whether well inten-
tioned or not. There is no question in my
mind that some clarification is needed
as to what a broadcaster can and cannot
do and expect to retain his license.
After reading the speech presented by
the Director of the Office of Telecommu-
nications Policy several weeks ago, I feel
it is particularly important that we focus
our attention on this problem.
Mr. President, I ask unanimous con-
sent that the text of the legislation as
well as an article on a recent license
challenge be printed In the Record at
the conclusion of my remarks.
There being no objection, the bill and
article were ordered to be printed in the
Record, as follows:
S. 247
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That sec-
tion 307(d) of the Communications Act of
1934 Is amended by striking out "three
years" at each place It appears and insert-
ing in lieu thereof "five years".
Sec. 2. Section 307(d) of the Communica-
tions Act of 1934 Is further amended by in-
serting before the period at the end of the
second sentence a colon and the following:
"Provided, That in any hearing for the re-
newal of a broadcasting license an applicant
for renewal who Is legally, flnanclallv. and
technically qualified shall be awarded the
grant If such applicant shows that Its broad-
casting service during the preceding license
period has reflected a good-faith effort to
serve the needs and Interests of Its area as
represented In Its immediately preceding and
pending license renewal applications and If
It has not demonstrated a callous disregard
for law or the Commission's regulations;
Provided further. That If the renewal appll-
cant falls to make such a showing or has
demonstrated a callous disregard for law or
the Commission's regulations such failure or
demonstration shall be weighed against the
renewal applicant".
Nixon Ally Seeking Post's TV License
Jacksonville. Pi.a., January 2.— A group
headed by President Nixon's chief Florida
fund raiser announced today It will file a
rival application for the operating license of
television station WJXT, which Is now held
by a subsldlarj- of the Washington Post Co.
George Champion Jr., Florida finance
chairman of the Committee to Re-elect the
President, said the application would be filed
later in the day in Washington.
"We are a group of concerned citizens who
feel the needs of the community will be bet-
ter served by a television station which Is
community-owned." said Champion, presi-
dent of the newly formed Florida Television
Broadcasting Co.
Champion said that Edward Ball, trustee of
vast DuPont holdings, would serve as chair-
man of the board of directors.
Champion said his ftmd-ralslng activities
and friendship with Mr. Nixon would not en-
ter into the license application.
"I would never tell him (Mr. Nixon) that
we are making an application," said Cham-
pion. "My friendship would not enter into It."
Post-Newsweek Stations, a subsidiary of
The Washington Post Co., publishers of The
Washington Post and Newsweek magazine,
has held the Channel 4 operating license for
the last 20 years without challenge.
The Nixon administration frequently has
been at odds with The Washington Post, and
recently a Post reporter was removed from a
list of reporters regularly allowed to cover
White House social functions.
Another group, Trans-Florida TV, Inc., has
also filed an application to operate the sta-
Januanj 6, 1973
CONGRESSIONAL RECORD U- SENATE
427
tlon. Local insurance executive Pitzhugh
Powell, a key Florida worker In the presiden-
tial bid by Alabama Gov. Oeorge Wallace,
beads that group.
(A third group of three local citizens, Ed-
ward Baker, Winthrop Bancroft and George
Auchter III. also filed an application for the
Jacksonville license. It was learned In Wash-
ington. This group is represented by Welch
and Morgan, a Washington law firm that has
specialized In this field.
[In a separate filing, Welch and Morgan
also represented an 11 -member group seeking
to take over the license of the Post-Newsweek
station in Miami, WPLG-TV.
[Among the group is Cromwell Anderson
Jr., a law partner of former Sen. George Sma-
thers, who In December, 1969, was part of a
group that applied for the Miami license.
Welch and Morgan represented the Smathers
group In that application, which later was
vt-lthdrawn.]
By Mr. MOSS :
S. 248. A bill to terminate all price sup-
port programs for tobacco beginning with
the 1974 crop of tobacco. Referred to the
Committee on Agriculture and Forestry.
TERMINATION OF PRICE SUPPORTS ON TOBACCO
Mr. MOSS. Mr. President, I introduce,
for appropriate reference, a bill to ter-
minate all price-support and assistance
programs for tobacco beginning with all
crops of tobacco to be harvested in 1974.
The bill would also terminate direct or
indirect Federal subsidies for export of
tobaccos to any foreign country after De-
cember 31, 1974.
I introduced this same bill in the 91st
Congress — on May 12, 1970. Then on
July 8 — 2 months later — I offered a rel-
atively simple amendment to end ap-
propriations for fiscal 1971 of price sup-
ports in the Department of Agriculture
and related agencies. Neither the bill
nor the amendment was successful, but
they produced some enlightening dialog.
Similarly, the 92d Congress failed to act
on this legislative proposal and amend-
ments offered to the Agriculture appro-
priations bill.
One soon becomes aware that the to-
bacco business is very big business. Per-
haps that is to be expected, with a total
crop in 1970 of 1.905,751,000 pounds.
However, the acreage is comparatively
small, with only 899,000 acres harvested
in 1970 — less than one three-hundredths
of total crop acreage harvested in the
United States in 1970. There are a few
large companies in the storage and man-
ufacturing aspects of the tobacco busi-
ness.
The argument is offered that many
growers, and most of them small growers
localized in two States, would be irrep-
arably injured if the Federal Govern-
ment does not continue to supply assist-
ance and supports of existing types at
current levels. But then we hear — and
sometimes from the same person — that
present Government programs for to-
bacco are costing our public nearly noth-
ing. In truth, it has proven to be difficult
to find out what the programs do cost.
This information gap appears to be part-
ly the result of the long storage between
harvesting the crop and finally process-
tag It into the end products. But it should
be possible to arrive at some interesting
and significant data If only the problem
were to receive adequate attention.
Mr. President. I think we should give
this problem this attention. I am aware
that there are many problems— ^hat al-
ternate crops would have to be foUpd for
the small farmer and the processoKnow
dependent upon the production of xoi-
bacco and the manufacturing of ciga-
rettes for their livelihood. And there are
the msiny people who have jobs in to-
bacco processing plants to be considered.
But it seems quite clear to me that
our Government cannot long continue in
the indefensible position of aiding and
abetting production and export of this
product. On the one hand, month by
month, we become increasingly aware
of Its dangers to health. Since January
of 1971 there has been an official ban
on radio and television cigarette com-
mercials. Yet, officially, we continue with
price-support and other assistance pro-
grams for tobacco here and we continue
our attempts to build overseas markets.
What I am proposing today is that my
bill be appropriately referred and that
hearings be held promptly. Our Govern-
ment dilemma in this respect is becoming
acute. The matter is deserving of full
hearings and a vigorous search for a way
out of our present untenable position. I
ask unanimous consent that the text of
the bill be printed at the conclusion of
my remarks.
There being no objection, the bill was
ordered to be printed in the Record, as
follows;
S. 248
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That (a)
notwithstanding any other provision of law,
beginning with the 1974 crop of tobacco, no
price support for tobacco shall be made
available to producers in any year.
(b) Notwithstanding any other provision of
law. no export, subsidy may be paid to any
person under the Agricultural Trade Develop-
ment and Assistance Act of 1954. as amended
(Public Law 480, Eighty-third Congress),
for the export of tobacco to any foreign
country after December 31, 1974.
By Mr. MOSS:
S. 249. A bill to amend the Federal
Cigarette Labeling and Advertising Act
to require the Federal Trade Commission
to establish acceptable levels of tar and
nicotine content of cigarettes. Referred
to the Committee on Commerce.
low TAR AND NICOTINE ACT
Mr. MOSS. Mr. President, I introduce
for appropriate reference a bill to amend
the Federal Cigarette Labeling and Ad-
vertising Act to require the Federal
Trade Commission to establish accept-
able levels of tar and nicotine content.
Our Nation today is faced with soar-
ing hospital costs; our medical care fa-
cilities are coming to the point where
they will not be able to care for the
growing nimiber of chronically ill peo-
ple; there are not enough funds to pro-
vide intensive care units for emphysema
and heart disease patients; millions are
being paid from social security funds to
aid relatively young and still productive
people who are unable to use their skills
because they are disabled by chronic
respiratory disease and heart conditions.
The best medicine for these diseases is
preventative medicine. Prevention cuts
down on costs, it cuts down on agony, and
it cuts down on disability. Certain dis-
eases are prevented with vaccinations
such as German measles, smallpox, and
polio. Certain diseases have been elimi-
nated with environmental prevention.
£h as malaria, typhus, and yellow
fevelrAnd where prevention is not avail-
able, early^'Tdetection and treatment are
the surest methods^ of therapy: Pap
smears for carvical cah<^r, chest X-rays
for tuberculosis, PKU teste for birth de-
fects, and spirometry for oi;al cancer.
The Low Tar and Nicotiii^^ Act would
provide a measure of environn^ntal pro-
tection against the ravages of lung can-
cer, emphysema, and heart disease. We
have limits on pollutants; we se\ toler-
ances for contaminants in foods; we set
flammability standards for fabrics; we
limit impurities in medicines, in \Yater.
and in air.
Is it not about time we limited the toxic
inhalants in cigarettes? In this bill I am
not proposing a ban on cigarettes. The
Volstead Act demonstrated that pro-
hibition cannot work. Human behavior
is too difficult to change. I do propose,
however, that the harmful constituents of
cigarettes be removed in quantities suf-
ficient to reduce the hazards of personal
air pollution for the 44.5 million adult
smokers in the United States. The least
we can do for them is warn them of the
hazards of smoking and jusi as we find it
necessary to limit toxic emissions in the
name of air pollution, we must limit toxic
emissions from cigarettes for the safety
of the 44.5 million smokers.
Mr. President, I ask unanimous con-
sent that the text of the bill be printed
in the Record.
There being no objection, the bill was
ordered to be printed in the Record, as
follows;
S. 249
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That section
3 of the Federal Cigarette Labeling and Ad-
vertising Act is amended by adding at the
end thereof the following new paragraph:
"(7) The term "Incriminated agent" means
any constituent element of cigarette main-
stream smoke which is present in quantities
sufficient to be a health hazard."
Sec. 2. Section 7 of the Federal Clg.arette
Labeling and Advertising Act is amended by
redesignating subsections (b) and (c) there-
of as subsections (c) and (d), respectively,
and Inserting Immediately after subsection
(a) the following new subsection:
"(b) Not later than six months after the
date of the enactment of the Public Health
Cigarette Amendments of 1971, the Federal
Trade Commission shall promulgate stand-
ards establishing such maximum acceptable
levels of tar. nicotine, and other incriminated
agents as the Commission determines may
be present in cigarettes In quantities which
wUl not pose an unreasonable health hai^ard.
Such maximum levels may be reduced peri-
odically, but not more often than once
during any calendar year, whenever the Com-
mission determines that lower levels are nec-
essary to avoid unreasonable health hazards.
Standards established by the Commission un-
der this subsection shall permit cigarettes
to contain the least amount of tar, nicotine,
and other incriminated agents which is con-
sistent with consumer acceptability. No
standard established under this subsection
shall be consistent with consumer accept-
ability if cigarettes produced in conformity
with such standard would be so unaccept-
128
ible to a substantial number of cigarette
imokers as to create a market for the illicit
lale and purchase of significant quantities
>f cigarettes which fall to meet such stand-
ird."
Sec. 3. This Act may be cited as the "Low
Tar and Nicotine Act".
, I
CONGRESSIONAL RECORD — SENATE
January 6, 1973
ByMr. RIBICOFF:
S. 250. A bill to amend the Internal
Revenue Code of 1954 to allow a credit
igainst the individual income tax for
uitlon paid for the elementary or sec-
3ndar>- education of dependents. Re-
erred to the Committee on Finance.
rriTioN TAX CREorrs for nonpublic schools
Mr. RIBICOFF. Mr. President, I am
ntroducing legislation allowing tax cred-
ts for tuition to nonpublic elementary
md secondary schools.
If America's more than 21,000 non-
)Ublic schools were all thriving institu-
ions. there would be no need for Gov-
ernment assistance. But that is not the
;ase today. Rising expenses have led to
ncreased tuition at most nonpublic
;chools, both private and parochial. As
I result, enrollment in these schools de-
;reased from 6.3 million children in 1965
0 5.6 children in 1971. Roman Catholic
ichools, which account for over 80 per-
:ent of nonpublic enrollment, lost over
iOO.OOO students between 1965 and 1969,
Ul this occurred during a period when
otal school enrollment increased from
19 million to almost 53 million students.
If this trend continues, we will experi-
ence a massive dislocation in our public
ichool system. Should nonpublic schools
lollapse, this Nation's already- overbur-
lened public school system would have
0 absorb over 5 million more children,
rhey would not be spread evenly across
he Nation but would be concentrated in
he central cities where the public schools
ire least capable of absorbing a large
nflux of additional students. New York
rity, for example, would have to find
spaces and teachers for over 358,000 new
students. In Chicago, 200,000 students
would be added and in Philadelphia al-
most 150.000
My own State of Connecticut faces
1 similar potential burden. Over 100,000
3oys and girls. 14 percent of the State's
:otal enrollment, attend parochial and
private schools. Twelve of their schools
:losed in 1971. seven in 1972, and more
:an be expected to close this year unless
Congress takes action.
Critics of aid to nonpublic schools ar-
?ue that such assistance will weaken sup-
port of our public school system and Is
unconstitutional. I disagree.
The American people are not opposed
to maintaining the excellence of their
public school systems. As recent defeats
n school bonds reveal, however, there
s a limit to the increases In taxes peo-
Dle will tolerate to meet the spiraling
:osts of education. If the Nation's non-
public schools close, it will cost taxpay-
ers an estimated additional $5 to $7 bil-
lon per year to absorb their students
nto the public school system. Taxpay-
rs should not be forced to assume this
3urden unless it is absolutely necessary.
It will not harm our public schools to
jngage In healthy competition with pri-
i^ate and parochial institutions. The
American people have diverse traditions,
nterests and goals and should have
schools that are able to reflect these as-
pects of their lives.
The question of constitutionality Is a
diflBcult one. In the past cities and States
have been ingenious in developing assist-
ance programs. Few of them, however,
have satisfied the constitutional prohibi-
tions against the "establishment of re-
ligion." In 1971 the Supreme Court In
Lemon against Kurzman, summarizes the
cumulative criteria It had developed for
assistance to religious institutions. First,
the Government program must have a
secular purpose; second, its primary ef-
fect must not be the advancement or in-
hibition of religion; finally, it must not
foster "an excessive governmental entan-
glement with religion."
I believe my tax credit formula meets
these tests. First, the program's purpose
is to lower the expense of education to
the student's parents. No tax funds
would be given to the school. Second, its
effect is to enable parents to decide
which type of education is best for their
child. Finally, because the taxpayer, not
the school, is subject to audit, there are
no excessive governmental entangle-
ments.
Time is running out on many of the
nonpublic schools that remain open. Late
in the 92d Congress, the House Ways &
Means Committee approved a bill similar
to the one I introduce today. Unfortun-
ately, no action was taken by the full
House. Congressman Burke of the House
■Ways and Means Committee is introduc-
ing similar legislation in the House and
I am hopeful that both the Senate and
the House will act expeditiously and pass
this much needed legislation this year.
Under my proposal for each depend-
ent in a nonpublic school, a family's
Federal income tax bUl would be reduced
by one-half of the total tuition paid, up
to a maximum credit of $200 — or one-
half of a $400 tuition) . If the tuition was
$150, the credit would be $75; if $100, the
credit would be $50 and so forth. The
allowable credit would be reduced by $1
for each $20 of adjusted gross income In
excess of $18,000.
Mr. President, I ask unanimous con-
sent that the text of S. 250 be ordered
printed in the Record at this point.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
S. 250
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assernbled.
Section 1 . Allowance of Cbedit.
(a) General Rule. — Subpart A of part IV
of subchapter A of chapter 1 of the Internal
Revenue Code of 1954 (relating to credits
allowable) Is amended by redesignating sec-
«tlon 42 as section 43 and by inserting after
section 41 the following new section:
"Sec. 42. TumoN Pato for Elementary or
Secondary Education.
"(a) General Rule. — There shall be al-
lowed to an Individual, as a credit against
the" tax Imposed by this chapter for the tax-
able year, the amount determined under this
section for tuition paid by him during the
taxable year to any private nonprofit elemen-
tary or secondary school for the elementarr
or secondary education as a full-time stu-
dent of any dependent with respect to whom
the taxpayer Is allowed an exemption for
the taxable year under section 151(c).
"(b) Determination of Amount.
"(1) Amount per dependent. — The amount
allowable under subsection (a) for the tax-
able year with respect to any dependent shall
not exceed the lesser of —
"(A) 50 percent of the tuition paid by the
taxpayer during the taxable year to a private
nonprofit elementary or secondary school for
the elementary or secondary education as a
full-time student of such dependent during
A school year which begins or ends in such
taxable year, or
"(B) $200.
For purposes of this paragraph, the amount
of the tuition with respect to any student
which may be taSen Into account for any
school year shall not exceed $400.
"(2) Reduction of credit. — The aggregate
amount which would (but for this para-
graph) be allowable under subsection (a)
shall be reduced by an amount equal to $1
for each full $20 by which the adjusted
gross Income of the taxpayer (or. If the tax-
payer is married, the adjusted gross Income of
the taxpayer and his spouse) for the taxable
year exceeds $18,000. For purposes of this
paragraph, marital status shall be determined
under section 143.
"(c) Definitions and Special Rules. — For
purposes of this section —
"(1) Tuition. — The term 'tuition' means
any amount required for the enrollment or
attendance of a student at a private nonprofit
elementary or secondary school. Such term
does not Include any amount paid directly
or Indirectly for meals, lodging, transporta-
tion, supplies, equipment, clothing, or per-
sonal or family expenses. If the amount paid
for tuition includes any amount (not sepa-
rately stated) for an Item described in the
preceding sentence, the portion of the
amount paid for tuition which Is attributable
to such Item shall be determined under
regulations prescribed by the Secretary or
his delegate.
"(2) Private nonprofit elementary os
secondary school. — The term "private non-
profit elementary or secondary school" means
an educational organization described In sec-
tion 170(b)(1) (A)(ll) —
"(A) which is described In section 501(c)
(3) and which is exempt from tax under sec-
tion 501(a),
"'(B) which regularly offers education at
the elementary or secondary level, and
"'(C) attendance at which by students who
are subject to the compulsory education laws
of the State satisfies the requirements of
such laws.
'"(3) Elementary oh secondaby educa-
tion.— The term 'elementary or secondary
education' does not Include (A) kindergarten,
nursery, or other preschool education, and
(B) education at a level beyond the 12th
grade. In the case of individuals who are
mentally or physically handicapped, such
term Includes education offered as a substi-
tute for education at the elementary or sec-
ondary level.
"(4) School year. — The term 'school year'
means a one-year period beginning July 1
and ending June 30.
"(5) P^TLL-TiME STUDENT. — An Individual Is
a full-time student for a school year If he U
a student at one or more private nonprofit
elementary or secondary schools during each
of 5 calendar months during the school year.
"(d) Application With Other CREorrs. —
The credit allowed by subsection (a) to the
taxpayer shall not exceed the amoiint of tax
Imposed on the taxpayer for the taxable veer
by this chapter (computed without regard
to the tax imposed by section 56), reduced
by the sum, of credits allowable under this
subchapteFnfother than under this section
and sections 31 and 39) .
"(e) Amounts Not To Be Taken as De-
ductions.— Any payment which the ta.x-
payer elects ( in such manner as the Secre-
tary or his delegate shall by regulations pre-
Januanj 6, 1973
CONGRESSIONAL RECORD — SEN ATE
429
scribe) to take into account for purposes of
determining the amount of the credit under
this section shall not be treated as an amount
paid by the taxpayer for purposes of deter-
mining whether the taxpayer Is entitled to
(or the amount of) any deduction (other
than for the purposes of determining sup-
port under section 152).
"(f) Regulations. — The Secretary or his
delegate shall prescribe such regulations as
may be necessary to carry out the provisions
of this section."
(bi Limitation on Examination op Books
AND Records. — Section 7605 of the Internal
Revenue Code of 1954 (relating to time and
place of examination) is amended by adding
at the end thereof the following new sub-
section:
"(d) Examination of Books and Records
OP Chitrch-Controlled Schools. — Nothing
in section 42 (relating to tuition paid for
eleraentan,' or secondary education) shall be
construed to grant additional authority to
examine the books of account, or the activi-
ties, of any school which is operated, super-
vised, or controlled by or in connection with
a church or convention or association of
churches (or the examination of the books
of account or religious activities of such
church or convention or association of
churches) except to the extent necessary to
determine whether the school is a 'private
nonprofit elementary or secondary school'
within the meaning of section 42(c)(2)."
(c) Clerical Amendment. — The table of
sections for such subpart A is amended by
striking out the item relating to section 42
and Inserting in lieu thereof the following:
"Sec. 42. Tuition paid for elementary or sec-
ondary education.
"Sec. 43. Overpayments of tax."
(d) Effective Date. — The amendments
made by tliis section shall apply to amounts
paid on or after August 1, 1973, for school
periods beginning on or after such date.
Sec. 2. Judicial Determination of Constitu-
•nONALITY.
(a) Taxpayers Have Standing To Sue. —
Notwithstanding any other law or rule of
law, any taxpayer of the United States may
commence a proceeding (including a pro-
ceeding for a declaratory Judgment or in-
junctive relief) In the United States District
Court for the District of Coltmibia within the
3-month period beginning on the date of the
enactment of this Act to determine whether
the provisions of section 42 of the Internal
Revenue Code of 1954 (as added by section
1 of this Act) are valid legislation under the
Constitution of the United States. Proceed-
ings commenced under this subsection may,
at the discretion of the court, be consolidated
Into one proceeding.
(b) Judicial Determination. — Notwith-
standing any other law or rule of law, the
United States District Court for the District
of Columbia shall have Jurisdiction of any
proceeding commenced as provided In sub-
section (a) and shall exercise the same with-
out regard to whether a person asserting
rights under this section shall have exhausted
any administrative or other remedies which
may be provided by law. Such proceeding
shall be heard and determined by a court of
three Judges in accordance with the provl-
siosg of section 2284 of title 28, United States
Cod?, and any appeal shall lie to the Supreme
Court. It shall be the duty of the Judges
designated to hear the case to assign the
case for hearing at the earliest practicable
date, to participate in the hearing and deter-
mination thereof, and to cause the case to
be In every way expedited.
EXPANSION OF REHABILITATION
PROGRAM— NOTICE OF HEAR-
ING
Mr. ROBERT C. BYRD. Mr. Pre.si-
dent, at the request of the Senator
from California (Mr. Cranston), I am
submitting a statement announcing
forthcoming action by the Subcommit-
tee on the Handicapped of the Labor
and Public Welfare Committee, on S.
7, the Rehabilitation Act of 1972, which
was introduced by the senior Senator
from West Virginia (Mr. Randolph)
on Thursday, January 4, 1973.
The ACTING PRESIDEN-^ pro tem-
pore. Without objection, it is so or-
dered.
Statement by Senator Cranston
For the Information of Senators and the
public. I announce that there will be a
public hearing on Wednesday, January 10,
1973. before the Subcommittee on the
Handicapped of the Committee on Labor
and Public Welfare for the purpose of
receiving testimony on S. 7. the Rehabili-
tation Act of 1972. This hearing will be
held m Room 4232 at 9:00 a.m.
Mr. President, I am pleased to respond
to the request of the Senator from West
Virginia (Mr. Randolph), the Chairman
of the subcommittee, to act as Chairman
for the purposes of considering this legis-
lation. I am very grateful to the dis-
tinguished Senator for all the counsel,
support, and assistance he gave me In the
92d Congrets when I acted In the same
capacity with respect, to this legislation
to Improve and expand the vocational
rehabilitation program.
As Senators are aware, this most vital
legislation, which was a unique bipartisan
effort and a culmination of nearly a year's
work on the part of the respective Members
of the Senate and the House of Repre-
sentatives, and their staffs, was agreed to In
Conference Report (92-1581) on H.R. 8395
at the end of the last Congress. The pocket
veto of this bill was announced on October
27, 1972. The provisions of S. 7 are the same
as those in the vetoed H.R. 8395.
This rehabilitation program Is now In Its
53d year. It has been directly responsible for
enriching the lives and increasing the self-
sufficiency of millions of handicapped indi-
viduals by placing them in Jobs resul;in^
m the production of tax revenues that might
otherwise have been lost. It Is one of the
most cost effective programs that the Federal
Government supports.
Mr. President, I earnestly hope that the
Senate will proceed to pass this legislation
as swiftly as possible. We have scheduled a
subcommittee session to consider the bill
immediately following the hearing on Jan-
uary 10. The new programs, authorities, and
appropriations authorizations in the bill are
essential to move us more closely toward
meeting the needs of the millions of deserv-
ing Americans who have suffered the mis-
fortune of being handicapped.
NOTICE OF HEARINGS ON NG?TT-
NEES IN THE DEFENSE DEPART-
MENT AND CENTRAL INTELLI-
GENCE AGENCY
Mr. STENNIS. Mr. President, as chair-
man of the Senate Committee on Armed
Services, I announced yesterday that
confirmation hearings will begin next
Tuesday on President Nixon's nominees
to top positions in the Defense Depart-
ment and the Central Intelligence Agen-
cy.
I also announced that Mr. Helms, the
outgoing Director of Central Intelligence,
would meet with the committee In
executive session on Monday for a re-
view of world developments. That Mon-
day meeting has since been rescheduled,
from Monday afternoon to 10:30 in tl.j
morning.
I have already notified committee
members with respect to all of these ar-
rangements.
I ask unanimous consent that the text
of my news release, issued yesterday, be
published in the Record at this point for
the information of all Senators.
There being no objection, the release
was ordered to be printed in the Record
as follows :
The Senate Armed Services Committee
will begin confirmation hearings Tuesday,
January 9th, on President Nixon's nominees
to top positions In the Defense Department
and Central Intelligence Agency. Chairman
John C. Stennls announced today.
Open sessions will start at 10 a.m.. Tues-
day, resume Wednesday morning, and con-
tinue Wednesday afternoon, if necessary.
Senator Stennls said. The opening witness
will be former Secretary of Health, Education,
and Welfare, Elliot J. RichardFon. who has
been nominated to serve as Secretary of
Defense.
Richardson will be followed by William P.
Clements, Jr., of Dallas, Texas, nominated by
the President to be Deputy Secretary of De-
fense, and James R. Schleslnger, former
Chairman of the Atomic Energy Commission,
who has been nominated as Director of Cen-
tral Intelligence.
Senator Stennls also announced that out-
going CIA Director, Richard Helms, will meet
with the Committee In Executive session on
Monday afternoon for the regular periodic
review of world developments.
ADDITIONAL STATEMENTS
GLEN ROCK CAROLER'S
ASSOCIATION
Mr. SCOTT of Pennsylvania. Mr. Pres-
ident, as our sights and ambitions are
now directed to the new year, I would
like to step back a few days to pay
homage and to extend my congratula-
tions to the Glen Rock Caroler's Asso-
ciation of Glen Rock, Pa., on their
125th anniversary.
The carols, of English origin, were
brought from. England by the original
settlers of Glen Rock. On Christmas
Eve, 1848, five men with one member
playing a bas.'^oon went from house to
house serenading the villagers. It is be-
lieved that there were at least four songs
in their repertoire during that year.
The tradition has been carried on
each year since 1848 and the carolers are
now composed of 40 members and 10 as-
sociates. For the first time, period cos-
tumes of the 1840's were worn this
Christmas in observance of their 125th
anniversary,
I heartily commend this worthy asso-
ciation for bringing the Christnias spirit
into the homes of their friends and
neighbors as their descendants have done
continuously for 125 years.
LITTLE CIGAR ADVERTISING
Mr. MOSS. Mr. President, these are
not the words of an antismoking parti-
san; these are the words of an editorial
published in this week's Advertising Age,
the national newspaper of marketing:
Winchester Is blowing smoke through a
legalistic loop-hole and the smoke ring la
forming a noose for all advertising. To the
public, the Winchester commercial Is the
same as a cigarette commercial.
130
CONGRESSIONAL RECORD — SENATE
January 6, 1973
During the last Congress, my consumer
; lUbcommittee held several days of hear-
ngs on a variety of matters associated
vith cigarette smoking. As a part of that
nquiry. we discussed little cigar adver-
ising in the broadcast medias. This ad-
(•ertising is a pernicious distortion of
:ongressional intent. One little cigar has
noved into national distribution using
)roadcast advertising reminiscent of
;igarette advertising. Another little
■igar has been regionally introduced.
The creative platform and Winchester's
,ery presence Is a tease, designed to encour-
ige cigarette smoking.
Again, a quotation from Advertising
Age.
I will shortly introduce legislation to
imend the Federal Cigarette and Label-
ng Advertising Act to redefine the term
'cigarette," so that cigars will be re-
; tricted in their advertising and promo-
ion in the same manner as other clga-
: ettes.
I am pleased to note that the National
: nteragency Council on Smoking and
iealth. consisting of the major na-
lonal health and educational organiza-
ions concerned with smoking, has en-
I lorsed efforts to break the back of this
( lutrageous evasion of the ban on broad-
( ast cigarette advertising.
Mr. President, I ask unanimous con-
: ent that the text of the Advertising Age
( ditorial be printed in the Record.
There being no objection, the ordered
o be printed in the Record, as follows:
From the Advertising Age, Jan. 3, 19731
A Whole 'nothzr Disaster
A gioup of public Interest attorneys Is
I Ivlng those Winchester little cigars a rough
1 Lme.
The la^-yers don't question Winchester's
light to be advertised on television; they're
I lore concerned about the absence of a health
warning on the pack. They're asking the
rederal Trade Commission to require a
{ trongly-worded warning that would carry a
lather ominous litany: "This product If In-
laled Is dangerous to health and may cause
<,eath from cancer, coronary heart disease,
chronic bronchitis, pulmonary emphysema
i nd other diseases." That's what they want
1he label to read.
Can a smoker catch all those things from
( ne Winchester? One drag? How about one
1 ack of this low-tar brand?
No. we're not bothered so much about
Winchester's InhalablUty and the health
warning. We are bothered about Winchester
lelng on tv In the first place. You can split
ill the legalistic hairs you can find and tell
1 IS that under Internal Revenue Service clas-
slflcatlons. Winchester is not a cigaret; It's
i, Uttle cigar. We say so what? Who's kidding
' rhom? The brand Is made on cigaret ma-
( hlnes. To the public, the Winchester com-
: aerclal is the same as a cigaret commercial.
There's the cowboy-type and his Marlboro-
( sque machismo, lipping the weed from a
] lack as so many other Marlboro men before
1 lim have done. There are the curls of smoke.
' he look of pleasure, the lovely girl who
; lelds herself to this silent stranger and walks
(iff with htm, wordlessly. Into the sunset. It's
unk. But that's not reason enough to ban
he Winchester campaign. We'd ban the
I ampalgn because we think Winchester is
he clgaret's version of reminder advertising.
: fs the clgaret's toe In the tv door. The
' xeatlve platform and Winchester's very
; iresence Is a tease, designed to encourage
' :lgaret smoking. "Ain't no cigaret; It's a
(Thole 'nother smoke," says Winchester.
To the public, the language — implicit and
explicit — is that of smoking. As long as Win-
chester remains on tv. It cannot truly be said
that cigaret smoking Is off the air. We bring
this up because there is something unwhole-
some about this Winchester stance. It's as If
Winchester Is being allowed to appeal to
smokers from a privileged sanctuary, based
on a technicality In the ta.x law. We think
It's Important because we find that more and
more, people outside our business are using
the Winchester campaign as an example of
advertising cynicism and hypocrisy. The csmi-
paign undermines all of advertising.
As viewers look upon Winchester as a rip-
off and assign It to those Madison Avenue
hucksters, you can chalk up another bitter
setback for the advertising business. Its credi-
bility and Its responsibility. The best thing
that could happen would be for Winchester
to stop the charade, or for the tv stations to
knock It off the air.
While there are other brands that make
up the little cigar market, we're zeroing in on
Winchester because It alone positions Itself
In an exploitive fashion as a subliminal
cigaret. The earlier entries, the original little
cigar brands, are either not on tv or are posi-
tioned so as to be exempt from criticism.
Either we change the law and reopen the
airwaves to all clgarets or we get Winchester
off the air and In compliance with the law's
intent. Right now, Winchester Is blowing
smoke through a legalistic loophole and the
smoke ring Is forming a noose for all adver-
tising.
i
THE CONTINUING TRAGEDY
Mr. RIBICOFF. Mr. President, the
Vietnam war has been a national disaster
for this country. It is tragic that in 1973
we have not yet ended our involvement
in this morass. The war has been most
disastrous, of course, for those who have
been killed and maimed by it. But it also
continues to undermine the moral and
spiritual health of the United States.
Is it really so impossible to get our
country out of this war? Is it really
beyond the ingenuity of the Congress to
disengage us from this tragedy? Will
more massive bombing be used as a nego-
tiating tool?
I suppose we should be grateful that we
are now in a negotiating phase rather
than a bombing period. But there is no
one to explain to us here in the Senate or
to the American people why our air force
unleashed such destructive fury on the
people of North Vietnam, and why, after
pe^ce was at hand, the negotiations broke
down.
Over the years this war has been com-
puterized, analyzed and Vietnamized.
And over the years the American people
and the Congress have been lied to about
this war. Now we have bombed and
blasted North Vietnam on an unprece-
dented scale without a word of explana-
tion from our President and without a
minute of testimony by our Secretary of
State.
What has this accomplishjWl? Some 30
aircraft, including 16 B-52^have been
lost and over 100 AmeriM^airmen are
dead or missing. At least Cms is what we
are being told. What we do know for cer-
tain is that the prisoner of war camps in
North Vietnam are now fuller of Ameri-
cans, and that thousands more Vietnam-
ese are dead.
Four years ago. a candidate for the
Presidency declared —
Those who have had a chance for four years
and could not produce peace should not be
given another chance.
How many more chances will be asked
for before the Congress acts to halt tliis
shameful folly?
The Senate, to its credit, has gone on
record in trying to put an end to the war
a number of times.
The Mansfield amendment was passed
on September 30. 1971, by a 57 to 38 vote,
declaring it U.S. policy that withdrawal
of troops from Indochina would be com-
pleted within 6 months of enactment,
dependent only on release of American
POW's and an accounting of the missing.
I voted for the Mansfield amendment.
Last July and August, the Senate voted
to restrict the use of funds for U.S. mili-
tary operations in Indochina solely to
withdrawal of all our forces from Viet-
nam. Laos and Cambodia, -ftlth total
withdrawal to come within 4 months of
enactment. I voted for this action, too.
But when the Congress enacted sec-
tion 601 of Public Law 92-156. the Mans-
field amendment, it was pointedly
ignored by the President. And the wishes
of the Congress and the majority of the
American people continue to be ignored
in a reckless and cavalier manner. After
our hopes for peace were so cruelly
dashed by the bombing. I hope that the
Congress realizes that it must act to end
this war.
On Thursday. I joined the overwhelm-
ing majority of my colleagues on this
side of the aisle in declaring that —
Now therefore be it resolved that the Dem-
ocratic members of the Senate hereby de-
clare It to be Democratic policy In the 93d
Congress that no further public funds be
authorized, appropriated or expended for
U.S. military combat operations in or over
Indochina and that such operations be ter-
minated immediately, subject only to ar-
rangements necessary to Insure safe with-
drawal of American troops and the return
of American POW's.
This was the exact language approved
earlier by the House Democratic Caucus
by a 154 to 75 vote .
As far as I am concerned, such legisla-
tion should be passed as soon as phys-
ically possible. But I am willing to con-
cede that there may be merit in the argu-
ments advanced by longtime foes of the
war to wait imtil after Inauguration
Day. January 20.
If there is no peace agreement by that
date, there should be no peace of mind
for any Member of either House who does
not vote to cut off funds to continue the
war.
I pledge my own strong support to all
responsible efforts here in the Senate
to end our Nation's involvement in this
tragic conflict as quickly as possible.
We must not be lulled by more prom-
ises. The present administration has
had,, 4 years to end our involvement in
this conflict, and what can it show for
it? Since January 1969, mere than 20,000
Americans have died in Vietnam and
110,000 have been wounded. Ten or 20
times that number of Vietnamese have
died— from North and South, soldiers
and civilians, women and children. There
are today an estimated 23 million bomb
craters in Vietnam caused by 6 million
tons of bombs, along with 7 million ref-
Januanj 6, 1973
CONGRESSIONAL RECORD — SENATE
431
ugees. If this continues, all of Vietnam
may become one huge crater — and every-
one left alive may be a refugee.
The resort to massive bombing is an
admission that our Vietnamization pol-
icy has failed. The South Vietnamese
army still is not capable of defending it-
self. The South Vietnamese Government
is still unpopular and repressive. And
the United States is still paying too high
a price in blood, treasure and prestige
to ensure a pro-American regime in South
Vietnam.
We have spent almost $65 billion dur-
ing the past 4 years on this war. This
is the equivalent of refunding one-half
of everyone's Federal income tax bill last
year. Instead, what this has meant to
the American economy during this period
is that inflation has risen 17 percent, and
our unemployment rate has doubled.
In terms of wasted opportunities to
build a better, stronger America, it has
cost us even more. The cost of destroy-
ing a single truck on the Ho Chi Minh
trail could build four homes in the United
States. And the cost of just 6 days of this
war could clean up the waters of the
Great Lakes.
Wasted opportunities and wasted lives
are the legacies of this war. And unless
we finally end our involvement in this
conflict, all America will be the poorer
for it.
After more than a decade of this con-
tinuing tragedy, the only rational solu-
tion is to end the war — as quickly as
possible.
It is painful to think that 55.000 Amer-
icans have died. But we must reject pol-
icies which compel this Nation to con-
tinue to kill other people and have its
own sons killed in order to justify past
blunders and to perpetuate outdated
myths.
What foreign policy goals can we hope
to accomplish by continuing this war?
After the President's trips to Moscow
and Peking, surely this war is not being
fought as part of the struggle against
world communism. Surely it Is not be-
ing waged to keep the dominoes from
falling. If anything, it is causing us to
lose the support of traditional aUies in
Europe, Asia and all o'ver the globe.
The President certainly deserves
praise for his skill in improving and
deepening our relations with the Soviet
Union and mainland China. But even
these new relationships have been put
in doubt by the recent bombing. His
handling of our exit from this war must
be judged by the results— and the re-
sults are truly tragic. The mess we are
in today is certainly not the making of
one President or one administration.
The continuation of our military In-
volvement cannot be viewed as a matter
of showing the world that Americans
honor their commitments. Americans
have been fighting and dying for South
Vietnam for more than a decade. We
have given 55,000 young lives. We have
spent more than $130 billion in the proc-
ess. If this enormous price In blood and
treasure doesn't demonstrate loyalty to
an ally— what does?
After more than 25 years of misery,
the Vietnamese are entitled to an end
to the killing and destruction. It should
be crystal clear by now that we will not
be able to get our prisoners back by dic-
tating peace terms by dropping more
bombs, or by calling our adversaries
names.
What terrible things would happen to
our country if we left Vietnam now?
We would still remain the most power-
ful Nation on earth. We would still have
a secure nuclear deterrent and our mil-
itary' alliances.
Vietnam has been an albatross around
our necks for too long. By casting this
burden aside, we will not be displaying
weakness, but strength. We will not be
forsaking a worthy ally, but moving
closer to more important and deserving
allies. We wUl not be undercutting our
commitments elsewhere, but reinforc-
ing them because our country will be in
a better position to honor them.
At this point in history, basic princi-
ples of humanity and common decency
must supercede outworn geopolitical
theories and false notions of national
pride.
How many more must die before this
truth is recognized?
PUBLIC WORKS DEVELOPMENT ACT
OF 1973
Mr. BAKER. Mr. President, the chair-
man of the Committee on Public Works,
the distinguished Senator from West
Virginia (Mr. Randolph) is introducing
today for himself and the senior Senator
from New Mexico 'Mr. Montoya) the
Public Works Development Act of 1973.
The bill is identical to one Introduced
last year. S. 3381. by these two Mem-
bers and cosponsored by the then rank-
ing minority member of the committee.
Mr. Cooper of KentuclQ^.
The Public Works Committee held 3
days of hearings on the proposal last
year but did not complete its consider-
ation of this major legislation before the
92d Congress adjourned. I understand
the bill is being introduced today, with-
out modification, to place this proposal
before Congress early in this session and
to enable the committee to continue the
work begun last year.
The country has experienced a decade
of development efforts through the Pub-
lic Works and Economic Development
Act of 1965 and its predecessor the Area
Redevelopment Act of 1961. A thorough
review of the objectives and strategies of
these efforts is now feasible and, I be-
lieve, desirable.
The proliferation of categorical as-
sistance programs, often with direct Fed-
eral-local controls, the duplicative re-
quirements, and, more importantly, the
fragmentation of planning and effort
which this approach has fostered have
come under increasing criticism. The
continued well-being of our federal sys-
tem of Government requires a more ef-
fective distribution of authority and re-
sponsibility within the system. One sug-
gested approach for decentralizing Fed-
eral decisions is the use of regional In-
stitutions. I believe such regional organi-
zations may well offer an opportunity to
bring program coordination to a level
closer to the people, strengthen the au-
thority and responsibflity of the States,
and stimulate local initiatives in plan-
ning and execution.
Mr. President, I look forward to con-
tinuing the work of the Public Works
Committee, which has been so important
and will continue to be important in the
fields of pollution control, highway pro-
grams, water resources, and economic de-
velopment. The work of the committee
has been constructive, because we have
worked together, and worked with the
executive branch. I hope very much and
expect that this cooperation, exchange of
views, and creative discourse will con-
tinue— and will do all I can. as I know
will the chairman. Senator Randolph, to
further these efforts.
SOCIAL SECURITY PAYROLL TAX
Mr. MUSKIE. Mr. President, in the 92d
Congress Senator Mondale and I m-
troduced legislation to revise the financ-
ing of the social security system in order
to make the payi-oll tax a progressive
levy, by providing for personal exemp-
tions and low-income allowances while
removing the ceiling on earned income
that is taxed. The changes Congress en-
acted last year in social security bene-
fits— and the new, higher tax rates
adopted to cover those increased pay-
ments— make such improvements in the
payroll tax even more urgent now.
We plan to introduce new legislation
shortly to accomplish these important
aims: Meanwhile, I believe the Senate
can gain imderstanding of the issues in-
volved by reading the thoughtful article
published in the New York Times of
January 3 by Louis Hollander, vice pres-
ident of the Amalgamated Clothing
Workers of America. As he notes, the
payroll tax now violates the fundamental
principle of sound tax policy and bears
no relationship to ability to pay.
Further, the new rates hit hardest at
low- and middle-income workers The
tax on a $12,000 salary will be 50 percent
higher in 1974 than it was in 1972.
I reconmiend Mr. Hollander's article to
my colleagues and ask unanimous con-
sent that it be printed in the Record.
There being no objection, the article
was ordered to be printed in the Record.
as follows:
Reform In Social Security
(By Louis Hollander)
The 92d Congress has done a commend-
able Job by putting into effect two legislative
measures that boost Social Security benefits
by 20 per cent and contain some Important
Improvements In the Social Security and
Medicare programs sorely needed by our aged
and disabled citizens.
However, the nature of the payroll-tax In-
creases required to finance these Improve-
ments raises a most serious question that
merits the closest attention of the Incoming
93d Congress.
The Inadequacies of our Social Security
financing structure — the Increasing reliance
on the regressive payroll tax that falls most
heavily on low- and moderate-Income work-
ers— add a new dimension to the problem
that offsets our priorities for tax reform.
The bill recently signed by the President
presents a $5.3-billlon tax bill to the Ameri-
can people. This tax boost would be In addi-
tion to a $7-bllllon tax bill rise already
scheduled to go Into effect Jan. 1 to pay for
the 20 per cent across-the-board Social Se-
curity benefit Increase voted by Congress
452
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CONGRESSIONAL RECORD — SENATE
January 6, 1973
January 6, 1973
CONGRESSIONAL RECORD — SENATE
433
1 he total cost of these improvements will be
r iised by Increasing the payroll tax on 96
n iillion employed persons from the present
2 per cent to 5.85 per cent In 1973 and 6.05
pfcr cent In 1978. together with an Increase
111 the wage base from this year's S9,000 to
810.800 in"l973 and $12,000 in 1974.
For the individual low- and mlddle-ln-
cbme worker, this dramatic Increase In the
p lyroll tax means substantial reduction In
his take-home pay. For a wage earner with a
».12 000' wage income, his Social Security tax
■* ill increase in a one-year period from $468
11 L 1972 to $631.80 in 1973. or 35 per cent, a;id
tt $702 in 1974, or 50 per cent.
Such enormous increase In payroll tax not
ohly means a substantial cut into the liv-
li ig standards of the average worker but also
Ij itenslfles and Increases the unfairness and
r( gressiveness basically Inherent In such a
ti jc. As Is well known the tax is a constant
p ;rcentage of earnings up to the ceiling but
then becomes a smaller and smaller fraction
SL. earnings increase with no personal exemp-
tlans. no deductions and no low-income al-
Icfwance.
Thus the tax violates the fundamental
ciple of sound tax policy and bears no
relationship to ability to pay. For Instance,
creasing the tax rate to 5.85 would mean
a family of four with one wage earner
the $3.o6o-$4000 bracket about a 9 per
t increase and for a family earning $10.-
a 3 4 per cent increase in Federal taxes,
: it would increase taxes for a family earn-
$50,000 by only four-tenths of 1 per cent
d for a family in the $100,000 bracket by
-tenth of one per cent.
Moreover, the law treats even families of
same Income level differently by taxing
unequally. A family with total earn-
of $18,000 earned equally by the hus-
band and wife pays twice as much in payroll
as does a family In the same income
bracket with one earner. At any given level
family earnings below the ceiling a single-
family receives larger benefits than
the multi-earner family.
The regressive nature of the Social Secur-
tax can be relieved In two ways by a
gher wage base — raised substantially more
through recent actions of Congress —
by use of general revenues.
The recently enacted wage-base ceilings,
tl ough a step in the right direction, are still
ir adequate Inasmuch as they leave a sub-
stantial fraction of covered payrolls outside
pale of taxation. About 95 per cent of
persons in the Social Security program
their full earnings covered when the
first began. It would take a wage
in excess of at least $15,000 to cover
same proportion today. The program
siiould cover the total earnings of the over-
w lelmlng majority of workers so that their
^Wch are based on covered earn-
only, win be better related to what they
Lve actually earned.
However, since raising the tax base to
5,000 alone would not provide sufficient
fiinds for needed benefit Improvements we
ust also look to general tax revenues as a
feasible and sensible supplementary
urce of funds.
There are of course a variety of other al-
ternatives, such as total removal of the cell-
on wages, refunding the payroll tax paid
wages of workers with Incomes below the
pbverty level, Introduction of personal ex-
1 nptlons and so on. but neither of these
1 agmentary remedies Is sufficient to Infuse
Social Security enough money needed
deal with the economic plight of our aged
disabled without placing an unfair bur-
n on the low-wage worker. The logical and
pteferable source of this money is a regular
c )ntr1butlon to the Social Security Trust
F unds from the general revenues of the Fed-
e al Government, the only remedy able to
n ake It a truly social Insurance system with
the society as a whole assuming responsibil-
ity It does not now undertake.
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SENATE MUST ACT ON GENOCIDE
TREATY
Mr. PROXAIIRE. Mr. President, as the
new Congress assembles, we are reminded
of the gi-eat traditions of law and justice
upon which our institutions are founded.
Almost 200 years ago, in the Declaration
of Independence and in the Bill of
Rights, our Nation set an example to the
world of dedication to the ideals of re-
spect for the innate dignity of man and
reverence for human life and happiness.
In those days enlightened men every-
where looked to our country as man's
best hope of building a society based on
equality and brotherhood. To be sure,
even then we had our fallings, but we
had the confidence to hoce. indeed, the
courage to dare that our commitment to
the cherished values we proclaimed
would be steadily strengthened and per-
fected. Looking back over our history we
may take great satisfaction in the extent
to which these brave dreams of our
Founding Fathers have been realized in
our land. We may also view with pride
the impact of America's ideals on the
course of human progress around the
world.
I have little doubt that in the future
our country will continue to hold up its
light to the world. But in order to adhere
steadfastly to this role we must not over-
look an important piece of unfinished
business on our Nation's moral agenda —
the ratification of the Genocide Conven-
tion. This Convention simply pledges our
Government to preserve and protect the
very principles which gave it life and
have sustained it throughout its history.
If we believe that every single person has
an inalienable right to life and happi-
ness, how can we show reluctance to ap-
prove a declaration recognizing and pro-
tecting these rights among entire groups
of people? If we wish to show ourselves
as a moral example, how can we refrain
from condemning the crime of genocide,
already denounced by more than 75 of
the other nations of the world?
Mr. President, in January of 1967, I
pledged to speak day after day in this
body to remind the Senate of its failure
to act on several human rights treaties
including the Genocide Convention. I can
think of no better occasion than now,
as we reconstitute our great representa-
tive assembly, to reaffirm my pledge. I do
this in the conviction that the Senate
will Inevitably see that ratification will
not only prove our country true to man-
kind, but to Its own best self, as well.
EXECUTIVE REORGANIZATION
Mr. RIBICOFF. Mr. President, yester-
day, President Nixon announced a
sweeping reorganization of the executive
branch. Under his Executive order Sec-
retary of Agriculture Earl L. Butz will
become Counselor to the Piesident on
Natural Resources, Secretary-designate
of Health, Education, and "Welfare, Cas-
par W. Weinberger will become Counsel
on Human Resources and Secretary-
designate of HUD, James T. Lynn, will
become Coimselor on Community Devel-
opment. Secretary of the Treasury,
George L. Shultz, had earlier been ap-
pointed Counselor to the President on
Economic Affairs.
According to the reorganization plan,
each Counselor will have authority over
a broad functional area cutting across
the responsibilities of several depart-
ments and agencies. For example, the
authority of Secretary Butz will appar-
ently extend to minerals and the en-
vironment, matters which are now under
the jurisdiction of the Interior Depart-
ment and EPA respectively. Secretary
Lynn will seemingly have power over
highways and disaster relief, now under
the control of DOT and the OflBce of
Emergency Preparedness, respectively.
Each Counselor will chair a committee
composed of the department and agency
heads within that subject area.
The President's Executive order is
apparently designed to achieve the func-
tional equivalent of the reorganization
which the President sought through
legislation in the last Congress. As such,
it raises many questions which Congress
must seriously consider. Some of the
foremost are:
First. In their dual roles as Cabinet
Secretaries and Presidential assistants
will Messrs. Shultz, Butz, Lynn, and
Weinberger be able to invoke Executive
privilege to bar congressional interroga-
tion on policy formulation and imple-
mentation?
Second. How will the Counselors exer-
cise authority over the progi-ams located
in other departments than their own?
For example, suppose a difference of
opinion arises between Secretary-
designate Weinberger and Secretary
Morton over Indian education policy.
How will this be resolved?
Third. What will the role of the Office
of Management and Budget be with re-
spect to the.se new committees? In 1970,
when the President proposed to establish
OMB we were told that it would be the
primary agency for program coordina-
tion. Now, apparently he has chosen an-
other method to achieve this goal. Did
OMB fail to perform its responsibilities
here?
Fourth. How will the activities of these
new counselors and committees be co-
ordinated among themselves and with
other functions, such as national de-
fense?
Fifth. How will this reorganization af-
fect the responsibility of Congress to
authorize programs, control appropri-
ated funds, and oversee program execu-
tion?
To explore these and other issues the
Government Operations Committee
should hold prompt hearings on this re-
organization. The committee should call
each of the designated counselors to
answer these questions and explain to
the Congress and the American people
exactly how this reorganization will op-
erate. We shoiHd also ask Mr. Roy Ash,
Director of OMB, to tell us exactly what
his role and the functions of his agency
will be under the reorganization.
Mr. President, we must also determine
whether this plan poses any threat to
the rights and responsibilities of Con-
gress and if so, what legislation is nec-
essary to protect them.
Reorganization of the executive branch
is one of the key issues facing the 93d
Congress. Consideration of tliis reorga-
nization plan is the place to begin.
THE PRESIDENTIAL PRESENCE
Mr. STEVENS. Mr. President, on Tues-
day, January 2, 1973, an important col-
umn appeared in the Baltimore Sim. This
essay, in the form of an open letter to
President Nixon, was wTitten by Mr. Nick
Thimmesch and was entitled "A Plea for
More of the Presidential Presence." Mr.
Thimmesch made several constructive
comments to the administration. They
urged important changes over the next
4 years.
Of particular importance to Congress
will be the position of this administra-
tion in response to the important bills
that will be passed by the 93d Congress.
Legislation such as that mentioned by
Senator Scott and discussed in the ar-
ticle will likely be considered in the com-
ing months. Congress and the Nation will
be awaiting the President's response.
Because of the importance of the ar-
ticle to Congress and the entire country,
I ask unanimous consent that it be print-
ed in the Record.
There being no objection, the article
was ordered to be printed in the Record,
as follows :
A Plea for More of the Presedential
Presence
(By Nick Thimmesch)
Washington. — Dear Preseient Nixon:
Only you and Dwlght David Elsenhower were
re-elected as Republican presidents In this
century. That's an accomplishment for you.
But there Isn't much of your presidential
presence anymore. Your low visibility is un-
derstandable during the holidays, but you
were sequestered for many weeks after the
election, and we wonder how much well see
of you as the new year begins.
It's unreasonable to ask any man to be
what he Isn't, In your case, outgoing, char-
ismatic and all that. But you've been out
among us In the past, and Isn't It time you
let some sunshine Into your administration?
You are rightly praised for establishing the
new relations between the U.S. and the
Communist world. You have calmed the re-
public, cooled Inflation, and restored a meas-
ure of order to our government and dally life.
We certainly don't want the turbulence and
violence of the Sixties to revisit us.
But people who watch your administra-
tion closely are troubled over the develop-
ment of what I call the "vault mentality."
the Inclination to lock up, button up, shut
off. It was there In the campaign, and had
some bad side effects In the Watergate affair.
It was appalling at the GOP convention
when your headquarters hotel, the Doral,
was operated like a well-appointed prison.
with even Us Republican occupants regiment-
ed. It exists today. In the super-susplclous
attitudes of your closest people In the White
House. They are not just suspicious of parti-
san Democrats or vagrant journalists like
myself; no, they are suspicious of each other
these days to a degree which goes beyond
the usual palace intrigue.
Moreover, your own Republicans, largely
those who run precincts or who strain to get
elected, don't like any of this either, and are
saying so to each other, and to anybody
who will give them an honest ear. Coercion,
the heavy federal hand, the great regulators —
these have always gone against the grain of
Republicans, but now they find this repres-
siveness emanating from the White House.
It used to be the liberals who were the old
scolds and f ussbudgets.
You have always been a good listener, and
a fair-minded man when It came to fellow
Republicans. You told them to run their own
campaigns In the Goldwater year, and you
never expected Gov. Nelson Rockefeller or
Senator Jacob Javlts to risk their electorate
by having you as part of their campaign
teams when you were a private citizen In
New York. In your comeback period, 1966-
1968, you encouraged diverse opinion In yovir
small staff, and you did the same In the early
part of your presidency. And It was a young
senator named Richard M. Nlxon who once
introduced a bill (1951) designed to guaran-
tee free speech to any member of the armed
forces or government without fear of suffer-
ing professional punishment.
The Vietnam peace settlement and the
growing detente between us and the Commu-
nist world understandably occupy much of
vour thought. This kind of work Is your best.
But since you are such a hard worker, could
some of that ability you possess to focus on
problems be directed at several domestic ail-
ments?
You ought to push two pieces of legisla-
tion Senator Hugh Scott, your minority lead-
er, urged In a recent private meeting with
you. namely, health Insurance for cata-
strophic Illness and pension reform so old
people are guaranteed what they worked a
lifetime for. Your energies and focus would
similarly be tremendous In getting rid of the
30 million handguns in the republic which
are no good to anyone except killers, and we
hope you will continue to push for better
mass transit, a cleaner environment, and
welfare reform.
You should know what catastrophic Illness
does to a family. Two of your beloved broth-
ers died young after long Illnesses, ordeals to
your struggling family. This Is happening to
many an American family today, too.
Not a bad Idea either to hold a press con-
ference soon. Your last one was October 5,
three months ago. Wouldn't hurt to have a
few newsmen or know-lt-all pundits In for
a private chat or a drink once In a while
either. It's good to relax tensions between
East and West, but also good to relax some
tensions here In Washington. Is there some
way, that a few unscheduled visitors can get
In to see you? It's surprising how much presi-
dents and such people learn from such
chance encounters.
You won big In November, but your party
didn't. You ought to really be kinder to your
party. Sure, you labored for the GOP for a
generation, landing on sodflelds In ancient
DC-3's, going through Insufferable receptions,
and hearing the blare of music and the con-
fusion of rallies. Your last campaign was un-
derstandably tired of all that. But we do need
a two-party system, and despite your remark-
able landslide victory, your party Isn't strong.
Party politics have been too lopsided for too
long, and Republicans should be able to feel
a little more comfortable In Congress and
In some statehouses.
ly with the National Coxmcil on Crime
and Delinquency.
Daylin's program is not new. It was
begun 6 years ago. What is new about
the program of social responsibility is
the effort on behalf of youth worth sav-
ing. And the corporation is trying to
multiply the effects of JOE by encour-
aging other corporations to join in the
same effort.
Mr. Amnon Bamess, Daylin chairman,
says that it is the goal of JOE to double
the 250,000 volunteers now mustered un-
der the National Council on Crime and
Delinquency by getting other firms In-
volved.
Mr. President, I am one Senator who
wishes Mr. Barbess and his associates
well in their worthwhile work on behalf
of youth who might otherwise be further
neglected.
CORPORATE RESPONSIBILITY
AT WORK
Mr. PROXMIRE. Mr. President, a good
example of corporate responsibility has
come to my attention. It is a program
called JOE, which stands for Juvenile
Opportunities Endeavor.
JOE is being sponsored by Daylin,
Inc., a retailer headquartered in Bev-
erly Hills, Calif. The corporation Is en-
couraging Its 16,000 employes to volun-
teer to work with young people who find
themselves in trouble or who are on pro-
bation. The volunteers are working clos-
SEPARATION OF POWERS
Mr. MUSKIE. Mr. President, three edi-
torials published in the New York Times
of Januarj' 3 make clear the danger to
the doctrine of separation of powers in
the President's apparent desire to gov-
ern America alone. He has shown
contempt for explicit congressional di-
rectives by impounding fimds we appro-
priated for needed public investments.
He has defied our implicit power to con-
sult in the making of foreign policy by
denying us the information we must
have to act intelligently. And he has de-
ceived us and the American people with
half-truths or outright misstatements of
fact about the course of the war in Indo-
china.
The New York Times refers to the
President as behaving with "the aloof-
ness of a Roman emperor." It is not in-
appropriate to remind my colleagues
that there were no Roman emperors
until the Senate of Rome moved from
obsequiousness to impotence. I hesitate
to claim that history could repeat itself,
but I strongly advise my fellow Senators
to reflect on the danger we confront and
the proper course of vigorous action we
must pursue to reassert our preroga-
tives and the protection they offer our
democracy.
The New York Times wrote :
A Chief Executive determined to conduct
war and foreign affairs w^lthout constraint
or even consultation, determined to shield
the Administration's effective policy-makers
from Congressional cross-examination by the
vastly enlarged use of the doctrine of execu-
tive privilege, and determined to arrogate to
himself a total control over Federal spend-
ing decisions Is a President seeking nothing
less than the surrender of his adversaries.
Congress cannot escape responding to these
direct challenges to Its authority.
Our response must be quick and de-
cisive. The 93d Congress must act to re-
vive its authority or risk such erosion of
its prestige and power that the legisla-
tive branch becomes an empty append-
age of government. The issue is the cen-
tral political question we face, and I
believe the New York Times editorials
have clearly described the challenge. I
ask unanimous consent that they be
printed in the Record.
There being no objection, the edi-
torials were ordered to be printed in the
Record, as follows:
454
U'
flu
coc
par
D<
befcause
se
Is
C4
CC
to
foi
Vi
to e
CONGRESSIONAL RECORD — SENATE
January 6, 197 3
From the New York Times. Jan. 3, 1973]
No Exit for Congress . . .
Because they are different kinds of Instl-
ti tions. the Presidency and the Congress nat-
111 ally tend to have differing perspectives on
tl e nation's needs. When executive and leg-
is ative powers are controlled by opposing
piTties. this tendency Is usually magnified.
B :t mutual respect and normal civility can
b: idge these Institutional and political antag-
oi isms and make constructive cooperation
p( ssible
The 93d Congress that convenes today,
hi iwever, faces an unusual situation. In the
pi St. it has been understood that divided
gc vernment imposed a limit on the Inltia-
tl -es which either side could pursue. For
bf tter or for worse, the President and Con-
gr ?ss recognized that they were yoked to-
gether and could only move within an Ul-
df fl.ned but mutually discernible middle area
o:" policy.
When President Franklin D. Roosevelt lost
hi 5 large Congressional majorities, he con-
01 iated Republicans and conservative Demo-
cr Its by announcing that he had dismissed
Di . New Deal and replaced him with Dr.
W^n-the-War. He thereby acknowledged that
time for domestic reform had temporar-
passed.
Similarly, President Elsenhower Jogged
ng amicably enough with the Democratic-
co^itroUed Congresses of the mid-flftles in
t because they were only marginally
.niocratic and moderately led and in part
he refrained from pushing for con-
vat ive change.
By contrast, the first Nixon Administration
ending on a note of open defiance of Con-
power. Congressional judgment,
ngressional sensibilities. Nothing in the
Ccjnstitution specifically required Mr. Nixon
consult with the leaders of Congress be-
he resumed the terror bombing of North
tnam last month, but comity between dif-
ferent branches of government as well as the
in Intent of the Constitution should have
• pelled him to do so.
n his management of the water pollution
President Nixon has not only dls-
! larded the overwhelming judgment of
gress — other Presidents have done that —
; has explicitly refused to conform to the
of the law enacted over his veto.
}y his reorganization of the Government,
hi' impounding of CongresslonaUy author-
t?e i funds and in other ways. Mr. Nixon
ha i clearly signaled his intention to put his
wi: 1 against that of Congress. In the past,
su ;h head-to-head conflicts have led to the
dei ilsive repudiation at the polls of one or
thi I other of the antagonists.
' To outside observers, the most striking fact
abiut the November 1972 election was that
It failed to produce a coherent governing
ms Jorlty. But If Mr. Nl.xon chooses to Inter-
pn t his "lonely landslide" as a mandate for
an aggressively reactionary Ideological grand
dei tgn, only Congress can effectively dispute
hlib.
Chief Executive determined to conduct
and foreign affairs without constraint
even consultation, determined to shield
Administration's effective policymakers
frojn Coi.gressioiial cross-e.xamlnatlon by the
enlarged use of the doctrine of execu-
privllege, and determined to arrogate to
hirjiseir a total control over Federal spend-
declsions Is a President seeking nothing
than the surrender of his adversaries.
cannot escape responding to these
direct challenges to Its authority.
in
i^ue.
re
C
tetms
wa ■
or
th(
fro
va; tlv
tlv;
In
les;
Co: igress
Tyr.^nny of Silence
■fhe refusal of Secretary of State William
P. : Sogers and Presidential aide Henry A. Kls-
sin !er to discuss with key Congressional com-
mi tees the status of war and jseace in Indo-
chl la. Is. as Senator Fulbrlght has caustically
obj jrved. disappointing but "not unusual."
"i he present Administration has a long his-
tory of contempt for the right of Congress
and the American people to be kept Informed
about its actions. This obsession with secrecy
has been particularly marked since the
United States walked out of the Paris peace
talks last month and launched Intensive
bombing attacks against the Hanoi-Haiphong
region of North Vietnam.
Why did negotiations break down? What
Justification can be offered for the "carpet"
bombing of a heavily populated area? What
developments led the President to suspend
the enlarged aerial blitz on the eve of the
new year? What are the Issues in the talks
which are scheduled to resume next Monday?
Will Washington at last overrule President
Thieu's persistent objections? What are Mr.
Nixon's intentions if the renewed negotia-
tions do not prove to be "serious," and what
does the Administration mean when It de-
mands "serious" talks?
Maintaining the aloofness of a Roman em-
peror, the President has not designed to con-
fide in the American people since his election
eve boast that "I can say to you with com-
plete confidence tonight that we will soon
reach agreement on all the Issues and bring
this long and difficult war to an end." He did
noit consult Congressional leaders before or-
defing a major escalation of the war. He ap-
parently has not even Informed many hlgh-
levjBl Administration officials of his plans.
Perhaps that is why Mr. Rogers refuses to
meet with members of Congress. Maybe even
the Secretary of State doesn't know what's
going on.
^is tyranny of silence is an intolerable
perversion of the American democratic sys-
tem. The self-serving sophistries from anony-
mous officials and low-level spokesmen thri
substitute for hard Information only
strengthen suspicions at home and abroad
that the Administration has no adequate ex-
planation for its actions. If the President
wUl not take the people and Congress into
his comfidence, then Congress must act alone
to end this war.
AND OF DECEIT
Pentagon spokesman Jerry W. Frledhelm
hit a new low In official obfuscatlon yesterday
when he conceded that "some Umited ac-
cidental damage" was sustained by Hanoi's
Bach Mai Hospital during the recently sus-
pended United States aerial blitz. Mr. Fried-
helm said that Information Indicating dam-
age to the hospital had reached him after he
had denied any damage on Dec. 27 and again
on Dec. 29.
On Dec. 25. however, this newspaper car-
ried the following dispatch from Telford
Taylor, professor of law at Columbia Univer-
sity and a retired brigadier general who was
chief prosecutor at the Nuremberg war crimes
trial. General Taylor, who was then visiting
Hanoi, wrote:
"Early this morning, the large Bach Mai
Hospital was destroyed. The hospital grounds
were torn by huge fresh craters and the
buildings that escaped hits were shattered by
blasts.
"Viewed a few hours later, the hospital re-
mains were a terrible scene, with rescue
workers carrying patients piggyback, cranes
and bulldozers and people using only their
hands desperately clearing debris to reach
victims said to be still burled In the rubble
and the frantic hospital director running
from one building to another."
This "limited" damage, Mr. Frledhelm has
the temerity to suggest, may not have been
caused by American bombs at all but by
"North Vietnamese ordnance or aircraft."
Is It any wonder this Administration has a
credibility problem?
AN OPTIMISTIC APPROACH TO THE
ENVIRONMENT
Mr. MOSS. Mr. President, In today's
world, when we are so aware of the en-
vironmental and ecological devastation
of the earth, we too often forget how man
has cultivated productive environmental
values. Much of the land that we con-
sider natural has been created by man to
meet his economic and social needs. Our
rolling hills covered with wheat, terraced
landscapes, varied vegetation, artificial
lakes and rivers, and moors have all been
a small part oi our manmade ecosys-
tems. It is time for man to step back
from his dismal outlook of his world
and see what man has done and can do
for the world through intelligent and
careful management.
Rene Dubos, professor emeritus at
Rockefeller University, has written an
article entitled " 'Replenish the Earth,
and Subdue It' Human Touch Often Im-
proves the Land," printed in the Decem-
ber 1972, issue of Smithsonian.
Mr. President. I ask unanimous con-
sent that the article be printed in the
Record.
There being no objection, the article
was ordered to be printed in the Record,
as follows:
"Replenish the Earth, and StiBotrE It"
Human Touch Often Improves the Land
(By Ren6 Dubos)
On a trip from India to Europe at the
turn of the century, the Indian author
Rabindranath Tagore was overwhelmed by
the quality of the land he saw by train
from Brindlsl to Calais. The European coun-
tryside appeared to him as a loving creation
of the peasantry. "I watched with keen de-
light and wonder that continent glowing
with richness under the age-long attention
of her chivalrous lover, western humanity.
. . . Love and action are the only media
through which perfect knowledge can be ob-
tained. . . ."
I had these words of Tagore In mind while
attending the UJ^. Conference on the Hu-
man Environment held in Stockholm last
June. The delegates had little opportunity
to discuss the pleasurable aspects of the
environment: meadows and farmland, flower
gardens and parks, let alone cottages, man-
sions and ' monuments. They were preoccu-
pied Instead with water and air pollution,
the depletion of natural resources, crowd-
ing in human settlements — In brief, the
thousand devils of the ecological crisis.
There were good reasons, of course, for
focusing the Stockholm Conference on en-
vironmental degradation. But I believe there
Is danger In emphasizing only the destruc-
tive aspects of Man's Impact on his environ-
ment. Our civilization will become Increas-
ingly spiritless and dreary if we do not learn
to recognize and cultivate positive environ-
mental values, to remember that Man has
frequently improved on nature by trans-
forming it either for profit or for love. Intact.
many of the Earth's potentialities remained
unexpressed until they were brought out by
human labor, imagination and. Indeed, fan-
tasy.
Last summer, while visiting the Aegean
Islands. I realized how much Man's presence
can diversify and enrich the creativeness of
nature. Our ship- stopped at Thera (San-
torlni) late at night and I first viewed the
island in the early morning as I stepped from
my cabin: the Incredibly perpendicular cliff.
1,000 feet high, plunging Into water 1.200
feet deep. On its very upper edge, white
houses and colorful church domes gleamed
in the sun against the luminous sky.
I knew that the cliff resulted from the
tremendous volcanic eruption which had
split the island 3.500 years ago and burled its
remnants (Smithsonian. January 1972). The
explosion may have been as much as four
times more violent than that which de-
stroyed two-thirds of Krakatoa Island W
1883.
January 6, 1973
CONGRESSIONAL RECORD — SEN ATE
435
Gradually the typical Aegean fiora and
fauna returned. And unlike Krakatoa. men
also came back and developed several con-
secutive civilizations. These have had their
ordeals but all have generated some form
of wealth from the tormented Aegean rock.
If it had not been for the presence of men.
Thera would not have produced the heady
wine and tasty small tomatoes for which it
Is now famous. Despite its lack of water and
the poverty of Its land. Thera is a show-
piece among the Greek Islands. It Illustrates
that the human quality of the environment
may transcend physical and ecological con-
siderations.
Whatever the characteristics of the en-
vironment, a new kind of value always
emerges with intimate and long association
between Man and landscape. According to
Robert Graves, the Moslems use the word
haraka to express the sense of blessedness
that attaches itself to places and objects
after years of loving care. This must be the
same notion that Tagore had In mind when
he wrote of the wooing of the Earth — the
". . . harmony with nature attained through
Intelligent dealings."
While in Greece last July, I visited, one
late afternoon, the ancient Byzantine mon-
astery of Moni Kaisariani. a few miles south-
east of Athens. It nestles on the slopes of
Mount Hymettus at the 1.100 foot elevation;
from It a trail meanders through an almost
treeless landscape among thyme, lavender,
sage, mint and other aromatic plants. The
marblelike rock formations of Hymettus are
denuded, but the luminous sky gives an
architectural quality particularly bewitching
under the violet light of sunset.
A short distance from the monastry, the
trail reaches an outcrop of rocks which af-
fords a sudden view of the Acropolis, Mount
Lycabettus and the whole city of Athens. As
is so often the case in Greece, the buildings —
whether pagan, Christian or simply urban —
derive an extra dramatic quality from their
placement in nature. And nature itself has
been humanized by several thousand years
of use. The grounds associated with the mon-
astery have the traditional almond and oUve
trees of the Greek landscape, but these orig-
inated long ago in south central or south-
eastern Asia. Similarly, the road back to
Athens Is shaded with eucalyptus trees, but
these were Introduced from Australia. Be-
yond the monastery along the trail the
Hymettus is stark and luminous, but the
rocks became clearly visible only after de-
forestation had led to erosion during his-
torical times.
Geologists and historians agree that most
of Greece was originally wooded: its austere
rock structures used to be masked by soil
and trees. What we regard as the Greek
landscape — stark and almost treeless — is a
consequence of deforestation followed by ero-
sion. The slopes have been kept denuded by
rabbits, sheep and especially goats which
continuously destroy new growth. Forces set
in motion by Man thus let light play its
bewitching game on the white framework
of Attica.
Writers of the Classical, Hellenistic and
Roman periods were aware of the transfor-
mations brought about by deforestation. In
Critias, Plato compared the land of Attica
to the "bones of a wasted body . . . the
richer and softer parts of the soil having
fallen away, and the mere skeleton of the
land being left." In pre-classlcal times, ac-
cording to Plato, the dwellings were made
with "roofs of timber, cut from trees grow-
ing there, which were of a size sufficient to
cover the largest houses." Later, however,
"the mountains now only afford sustenance
to bees." The famous honey of Hymettus Is
thus linked to deforestation w^hlch favored
the growth of sun-loving aromatic plants.
divine NtTDrry and a painful symbol
The IlUsus River, which has its source on
Mount Hymettus and runs through Athens,
was still a lively stream in Plato's time.
On a hot day in midsummer, Socrates and
Phaedrus walked toward a tall plane tree on
the banks of the lUlsus a short distance from
the Agora. As reported in the famous dia-
logue, they discussed rhetoric, philosophy
creativeness and love while cooling their feet
in the water of the stream which they
found "delightfully clear and bright." To-
day, the IlUsus is dry much of the year and
serves as a sewer covered by a noisy roswl-
way. There could not be a more painful sym-
bol of the damage done to the human quality
of life by Man's mismanagement .
The deforestation of Greece is now far ad-
vanced but not Irreversible. Wherever a seri-
ous effort is made to stop lumbering and
prevent grazing, trees and wild flowers re-
appear spontaneously. With proper man-
agement, the mainland and Islands could
once more be wooded as they were before
the classical era. bringing climatic and agri-
cultural improvements. As Henry Miller says
In The Colossus of Maroussi, "The tree brings
water, fodder, cattle, produce . . . shade,
leisure, song. . . . Greece does not need
archaelogists — she needs arboriculturists."
Yet reforestation would make the landscape
very different from the classical image we
now have of it. For the Greek poet Kostes
Palamas (1859-1943) in his poem. "The SatjT
or the Naked Song," the stark, eroded struc-
tures of the present landscape triumphantly
symbolize the "divine nudity" In Greece. And
Henry Miller, again, marveled at the rocks
which "have been lying for centuries ex-
posed to this divine Illumination . . . nes-
tling amid dancing colored shrubs In a
blood-stained soil." These very rocks are
symbols of life eternal.
The Greek mountains were probably fright-
ening and difficult to penetrate when they
were completely wooded. After deforestation
and erosion, they acquired some of the quali-
ties of a park; the traveler could move
on their opened surfaces, his vision float-
ing into a distance of golden light. I have
wondered v^ther the dark and tormented
divinities of the preclassical period did not
become more playful, and reasonably hu-
man, precisely after they emerged from the
forests into the open landscape. Would logic
have flourished so well If Greece had re-
mained covered with an opaque mantle of
trees?
There is no doubt that man spoiled the
water economy and impoverished the land
when he destroyed the forests of the Medi-
terranean world. But It is a fact also that
deforestation allowed the landscape to ex-
press certain of Its potentialities which had
remained hidden under the dense vegeta-
tion. It revealed the underyllng architecture
of the scenery and perhaps helped the soar-
ing of the human mind. The full expression
of the Mediterranean genius may require
both the cool mysterious fountains In the
sacred groves and a bright light shining on
the denuded rocks. Ecology becomes a more
complex but far more Interesting science
when Man is accepted as an integral part of
the landscape.
In most parts of the globe, just as in
Greece, men have been humanizing the Earth
since the late Stone Age and have literally
shaped the landscapes in which we live.
Much of the Earth's surface used to be
covered by forests and marshes. This seem-
ingly endless green mantle had an over-
powering grandeur which can still be exper-
ienced in the tropical Jungle. But it masked
some of the Earth's most Interesting aspects.
Almost everywhere, farmland, pastures,
gardens and parks have been created by pro-
foundly transforming the natural environ-
ments. Wilderness has thus been replaced
by man-made ecosystems which have be-
come so familiar that they are commonly
assumed to be of natural origin. In fact. It Is
Man who has created most of the "nature"
celebrated by artists and poets
The moors of England and Scotland used
to be heavily wooded and emerged as moor-
land only after deforestation, which began
during the Bronze Age and had essentially
been completed at the end of the Middle
Ages. In contrast, the region now occupied
by the San Francisco Presidio was essen-
tially treeless until the 19th century; It
now differs from the surrounding northern
tip of the San Francisco peninsula because
Major W. A, Jones of the Corps of Engineers
proposed in 1883 a systematic program of
landscaping with a great variety of trees
and shrubs. Major Jones recommended that
"Young trees should be fenced off to keep
out grazing cattle," and that "Growth fbe)
pretty much restricted to eucalyptus and
evergreens because deciduous wouldn't
grow — too windy."
Man's Influence on European landscapes
has been exerted for so long that it has
created a second nature, not always readily
differentiated from primeval nature. Like
the. rest of northern Europe, the Ile-de-
Prance region where I grew up was almost
completely wooded at the beginning of the
Christian era. Trees still grow luxuriantly
there wherever they are given a chance. In
all directions around Paris, there are large
forests such as those of RambouUlet. Fon-
tainebleau, VlUers-Cotterets, Complegne.
The smaller and less famous Carnelle Forest
20 mUes north of the city >s of special in-
terest to me because I used to take roman-
tic walks to Its well-preserved druidlc dol-
men near Beaumont-sur-Oise — my grand-
father's home. The classic parks and the
countless woodlots throughout the farming
country provide further evidence that the
Ile-de France is by nature a land of trees.
Most of the primeval forest, however, was
cleared during the early Middle Ages to cre-
ate farmland, villages, urban settlements
and industries. The region now has such
a rich agriculture that it has been called
the granary of Prance: furthermore. Its in-
dustrial output is very large and ranges
from chemicals to automobiles, airplanes
and electronic equipment.
Although I speak of myself as a product
of the Ile-de-France, my world until the
age of 14 was limited to the part of it
which Is known as the Vexln, just north-
west of Paris between the Seine River and
Normandy. I have two dominant memories
of my youthful wanderings through this
very ancient province of undulating plains
and low-lying hills. On the one hand there
were vast fields of wheat, alfalfa and sugar
beet, with some pastures and small wood-
lots; on the other hand, forests and their
wide dirt roads with fairly straight long
stretches leading on to views of open fields
villages, towns and church steeples. For me
this was "nature" — a gentle landscape made
up of domesticated fields and readily ac-
cessible woodland.
I now realize that the landscapes of my
youth were not truly "natural," they had
been shaped very differently under other
circumstances. For example, medieval peas-
ants, if left to themselves, would certainly
have carried deforestation much further to
create more farmland. Much of the land,
however, belonged to kings and noblemen
and they preserved and managed the for-
ests primarily to satisfy their passion for
the hunt.
Most of the forest roads where 1 walked
dreamily as a boy, and where lovers look for
lilies of the valley In the spring, were
opened during medieval and Renaissance
limes because they created favorable habi-
tats for game and made hunting easier as
well as socially more pleasurable.
The Ile-de-France and the Vexln in par-
ticular are adorned with a large number of
Romanesque churches. Most have personal
histories. During the 12th century, for ex-
ample, the Countess Agnes de Montfort,
Dame de Meulan, vowed to build 17 church-
es on her Vexln domain If her husband
436
cane
He
sh<
I iner
th( Ir
arc hltecture
HI
h
I sir
a 'e
wo -Id
lar y
bel ore
without
hil
tie
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an
of
ru-
in
to
fulj
a
rai
by
flr^
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qu;
do'
ma I
coi tUiuous
Fai
rictlt
of
Isr
France
the
an<
dlv
ev
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Prekich
a:iy
hai bor
ti
hi
ari'
are
sec
posfe
talis
viu
mo
the
bee
thro
to
Th^e
Unl
nat
CONGRESSIONAL RECORD — SEN ATE
January 6, 1973
back safe and sound from a Crusade,
did, and most of the 17 churches that
built In his honor are still In existence,
ntlon them not so much because of
Interest as examples of Romanesque
.ecture but rather because their story
rates the kind of social forces which
humanized the landscape all over the
The effect of such forces Is partlcu-
strlklng In the Ile-de-France because,
historical times, this was a region
any notable characteristics. The
's"have such low profiles that they would
of little Interest If It were not for the
ersifled agriculture they now support,
i for the venerable churches and clusters
houses which crown their summits. The
!rs tend to be sluggish and the ponds
ddy, but their shores have been adapted
luman use and are associated with peace-
rural scenes. The sky is rarely spectac-
■ but Its soft luminosity supports a wide
ge of plants, many of them introduced
Man. Ever sUice the primeval forest was
cleared by Neolithic settlers, the He-
France has been acquiring a humanized
Uty which transcends Its natural en-
ments. To this day, the land has re-
ned fertile, even though It has been In
use for more than 20,000 years.
from being exhausted by Intensive ag-
ure, .it still supports a great diversity
;auman settlements.
M^hat I have Just stated about the lie-de-
ls applicable to many other parts o^
world. The prodigious labors of pettlers
farmers have generated an as'^nishlng
;rsity of ecosystems which appear natural
though they are of human origin. The
r closures" of East Anglia. the hocages of
ch Normandy and Brltanny are essen-
>• man-made but their hedges and ditches
an Immense variety of trees, shrubs
grasses, of Insecta, fish, rodents and
soi^birds.
rher kinds of artiflclal ecosystems have
beeki created in Italy. In Tuscany and Umbrla
mu:h of the land has been molded by the
I>e8 sants who have rounded the hills and
shaped the slopes to create an architecture
of • erraces on which they grow crops.
Israel has been growing more desertlc
sin ;e Roman times, but It Is once more be-
coming a land of milk and honey as a result
of extensive Irrigation and reforestation.
Soi th of Esdraelon Valley, the hills were
pla ited during the 1930s with Aleppo pines
wh ch are now more than 50 feet high and
support a rich flora and fauna. Wild flowers,
bin Is. deer and foxes thus constitute a sec-
one nature based on the Aleppo pine which
Is r ot native to the region. It Is now realized,
ho'; 'ever, that the exclusive use of these pines
Is t bjectionable for both ecological and es-
the ;lc reasons. As a result, new plantings In
oth ?r parts of Israel have a more diversified
floT\. of trees, selected not only for their
ecopomlc value but also because their shapes
better suited to the landscape. Seine
ons have been left bare of trees to ex-
thelr architectural beauty. J
EMIGRES AND COSMOPOLITANS
charm of' Vermont's Green Moun-
ts enhanced^ by the contrast between
wodded areas and man-made meadows which
occ ipy many slopes and valleys, let alone
ige greens. In Europe, even the highest
mountains have been humanized. Except for
r glaciers, the Alps and Pyrenees have
)me almost parklike and are crossed
ughout with well-marked trails leading
comfortable huts, taverns and hotels.
Is still some true wilderness In the
Unllted States, but It will be kept In the
ve state only If the public can be con-
vlnted that there are human values In prl-
mei al nature — as Indeed there are — which
trai scend the requirements of dally life.
F-om Japan to Italy, from China to Hol-
lic
The
land, from Java to Sweden, civilizations
have been built on a variety of ecosystems
which are almost completely man-made.
Everywhere, man has favored sun-loving
plants over shade plants, and has moved
them from one part of the world to another.
There Is hardly one agricultural crop and
one decorative plant which has not been
adapted from Its area of origin to another
area with compatible soil and climatic con-
dltfons. It Is because of Man that rice, wheat,
the potato, the tomato and countless other
crops have become cosmopolitan; that
oranges originating from a Chinese tree are
grown on all continents: that wine Is pro-
duced almost everywhere from European
grapes; that Australian eucalyptus trees flour-
ish on the California coast and around the
Mediterranean; that African violets now
adorn the windows of bourgeois and commu-
nist societies alike. In countless places, wil-
derness has been replaced; It is Man who has
created the "nature" In which we spend our
dally lives.
To be successful Man's Interventions Into
nature must of course be compatible with
ecological laws. But this is more readily said
than done and. today as In the past alter-
ing the natural order of things commonly
has disastrous consequences. Ecological dis-
asters are particularly threatening In regions
of climatic extremes, such as the tropics,
where destruction of the soil humus and loss
of Its mineral nutrients can occur very rap-
idly under a wide set of agricultural prac-
tices. In Panama soil fertility will have been
exhausted within a very few decades If slash-
and-burn agriculture continues to spread.
Disasters on a colossal scale also threaten In
Brazil If developers do not heed the ecologi-
cal fragility of the Amazon region.
Like the rest of northern Europe. Scandi-
navia was almost completely wooded at the
beginning of the Christian era. It Is only
during historical times that a large percent-
age of the coniferous forest has been con-
vertecFlnto fields and pastures. The traveler
driving or flying from the north towards
Stockholm e.xperlences a sense of relief when
the monotonous mantle of trees begins to be
broken by cultivated areas and smiling mead-
ows. Increasingly, however, the small farms
of Sweden are becoming uneconomical and
are abandoned. Forest openings which used
to support oats, rye or other cultivated crops,
as well as grazing cattle, are being taken over
by spruce and pine planted In dull straight
lines. Worse, the land which Is left fallow Is
quickly Invaded by Juniper, briar and other
unattractive brush.
One problem of Swedish conservation is to
find ways for preserving open landscape. Sev-
er^ programs are being tested — subsidies to
i^ners for the continuation of grazing by
•attle and sheep, or mechanical mowing for
keeping the brush down. In either case, pub-
lic funds are being spent to preserve the open
countryside which is a man-made landscape.
Instead of being valued for its agricultural
productiveness, farmland Is considered an
esthetic asset — for a visual quality which
used to be hidden under the natural mantle
of trees and had to be revealed by human
Intervention.
When the flow of natural events Is undis-
turbed. It often generates landscapes far ex-
ceeding In beauty and In emotional power
those created by Man. The eerie light In a
primeval forest evokes a mood of wonder
which cannot be experienced In a garden or
a park. The thunderous silence of the Grand
Canyon, the luminosity of the desert, the
solitude of the high mountains are among
the wilderness experiences which cannot be
duplicated artificially and which speak to
those aspects of human nature still in reso-
nance with cosmic forces. Thus, certain spon-
taneous expressions of nature are best left
unaltered because they help man relate to
the cosmos In a way that no human creation
can ever do.
In our dally life, however, we are more con-
cerned with aspects of nature that we can
manipulate. We are hardly ever passive In
front of the natural world; we alter it and
fence It to create environments that suit our
ambitions and limitations. In fact, men have
always recognized or imagined patterns In the
bewildering opulence of nature — and they
have humanized the Earth according to the
patterns they perceive.
Early In the Middle Ages, the Benedictine
monks believed they were working as part-
ners of God and completing His creation
when they transformed the chaotic and dis-
ordered wilderness to create environments
suitable for their cloistered life. Throughout
this essay I have used other words to express
a similar faith. I believe that by Inserting our
dreams and aspirations Into ecological de-
terminism, we can enrich the Earth and di-
versify Its manifestations by Imposing hu-
man order on it and bringing out Its hidden
potentialities. We can manipulate the raw
stuff of nature to shape it into environments
which are ecologically sound, economically
profitable, esthetlcally rewarding and favor-
able to the groT^th of the human spirit.
THE ECONOMY AT YEAREND— A
VERY MIXED BAG
Mr. PROXMIRE. Mr. President, last
week the chairman of the Council of
Economic Advisers put on his rose-
colored glasses and delivered his year-
end statement on the economy. A casual
reading of this statement leaves one
with the impression that the economic
policy performance over the past year
has been one of unblemished perfection,
and that economic conditions are not
only wonderful already but getting better
all the time. This impression is definitely
not justified by an objective examina-
tion of the facts. In the interests of ob-
jectivity, I want to point out a few facts
Mr. Stein chose not to stress in his state-
ment last week.
UNEMPLOYMENT
First, the facts on unemployment. Dur-
ing the most recent 12 months for which
we have data, the unemployment rate
has fallen only eight-tenths of 1 per-
cent, by far the poorest record of any
recovery period in recent history. The
unemployment rate remains above 5
percent, and few forecasters expect it to
drop much below the 5-percent level
during the course of 1973.
This does not bother Dr. Stein because
he has no target for reducing unemploy-
ment. He does not accept even the tra-
ditional interim target of a 4-percent
unemployment rate. In a recent TV in-
terview he reiterated his contempt for
this goal by saying :
When four percent has been put forward as
the goal, people have never really meant that.
It was more propaganda than guide to policy.
For one who is so distinguished a stu-
dent of recent economic history, Dr.
Stein draws some very strange conclu-
sions. It is my recollection that the Ken-
nedy administration was dead serious
when it recommended 4 percent as an
interim target for unemployment. The
GNP potential and the full employment
budget — concepts still used by this ad-
ministration— are calculated on the basis
of a 4-percent unemplojmient rate.
January 6, 1973
Does Dr. Stein regard the full employ-
ment budget as "more propaganda than
a guide to policy"?
The Joint Economic Committee was
entirely serious when it again recom-
mended in its midyear repwrt last sum-
mer that 4 percent remains an appro-
priate interim target for unemployment.
We are equally serious in repeatedly
recommending that our longrun goal
should be an unemployment rate no
higher than 3 percent.
Unemployment remains our most seri-
ous economic problem. The unemploy-
ment rate for teenagers was over 15
percent in November. For blacks it was
about 10 percent. The willingness of the
administration to continue to tolerate
rates like these can only be described as
heartless.
INFLATION
Let me turn to the facts on inflation.
Inflation, unlike unemployment, is a
problem which administration officials
purport to take seriously. They talk a lot
about the importance of controlling in-
flation. They claim to be making prog-
ress. Let us examine that progress.
In the last 6 months the consumer
price index has risen at a rate of 3.6 per-
cent. In the last 3 months this rate of
increase has accelerated to 4.2 pejfcent.
We are far from the President's goal of
bringing the inflation rate below 3 per-
cent, and worse yet, we seem to be mov-
ing in the wrong direction.
The wholesale price index suggests
even worse news ahead for the future.
Whole.sale prices have risen at a 5.7 per-
cent rate in the past 6 months.
Much publicity has been given to the
increases in food prices, but the con-
tinued rise in wholesale industrial prices
may be an even more basic problem.
These industrial prices should not be ris-
ing at all. From 1959 to 1964 the indus-
trial price index was completely stable.
In the last 6 months wholesale industrial
prices have risen at a 3.2-percent rate.
Some of the largest increases have
been in the prices of raw materials and
of goods in the early stages of processing.
Thus, these price increases may still take
many months to show up at the con-
sumer level. Furthermore, recently an-
nounced price increases for automobiles
and for steel have yet to show up in the
price indexes. Some of the most serious
inflationary problems seem to be in those
basic Industries where the control pro-
gram ought to have been most effective.
In his year-end statement. Dr. Stein
expressed confidence that inflation could
be reduced in 1973 because:
Wage decisions will be made In a climate
of much more confidence In the price level
and less need for big wage increases to make
EXTENSIONS OF REMARKS
437
good previous lags than has existed for many
years.
Mr. Stein is surely aware that in re-
cent months real hourly earnings have
been rising at an annual rate of 2 per-
cent or less. This limited growth of real
wages is the result of a control program
which has succeeded in keeping money
wage increases within the 5.5-percent
limit but has failed to reach its goal on
prices. Unless quick progress on prices
can be made in the next few months,
labor negotiators will feel a need to
"make good previous lags" and certainly
their "confidence in the price level" will
be limited.
With respect to both unemployment
and inflation, Mr. Stein is glossing over
some serious problems. This is no service
to the public.
The state of the vote for Vice President
of the United States, as delivered to the
President of the Senate, is as follows:
The whole number of electors ap-
pointed to vote for Vice President of the
United States is 538, of which a majority
is 270.
Spiro T. Agnew. of the State of Mary-
land, has received for Vice President of
the United States 520 votes.
R. Sargent Shriver, of the State of
Mai-yland, has received 17 votes.
Theodora Nathan, of the State of Ore-
gon, has received 1 vote.
JOINT SESSION OF THE TWO
HOUSES— RECESS
Mr. MANSFIELD. Mr. President, In ac-
cordance with the previous order, I ask
unanimous consent that the Senate stand
in recess, subject to the call of the Chair,
for the purpose of proceeding in a body
to the Hall of the House of Representa-
tives for the purpose of counting the elec-
toral votes.
The ACTING PRESIDENT pro tem-
pore (Mr. NuNN^ . Without objection, it is
so ordered. The Senate will stand in re-
cess subject to the call of the Chair.
Pursuant to the previous order, at
12:51 p.m.. the Senate took a recess, sub-
ject to the call of the Chair, for the pur-
pose of attending a joint session for the
counting of the electoral votes.
At 1:58 p.m., the Senate reassembled,
when called to order by the Acting Presi-
dent pro tempore (Mr. Nunn>.
COUNTING OF THE ELECTORAL
VOTE
Mr. CANNON. Mr. President, on be-
half of the tellers on the part of the Sen-
ate, I wish to report on the counting of
the vote for President and Vice Presi-
dent.
The state of the vote for President of
the United States, as delivered to the
President of the Senate, is as follows:
The whole number of electors ap-
pointed to vote for President of the
United States is 538, of which a majority
is 270.
Richard M. Nixon, of the State of Cal-
ifornia, has received for President of the
United States 520 votes.
George McGovern, of the State of
South Dakota, has received 17 votes.
John Hospers. of the State of Califor-
nia, has received 1 vote.
ADDITION OF COSPONSORS
Mr. ROBERT C. BYRD. Mr. Presi-
dent, in accordance with the procedures
that were followed during the 92d Con-
gress. I ask unanimous consent that for
the remainder of the first se.ssion of the
93d Congress. Senators may submit
signed requests at the rostrum to add the
names of coauthors to bills, joint resolu-
tions, concurrent resolutions, and simple
resolutions, without ha\ing to make such
requests from the floor.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
ORDER ON PRINTING CONFER-
ENCE REPORTS AS SENATE RE-
PORTS
Mr. ROBERT C. BYRD. Mr. President.
I ask unanimous consent — as was done
during the 92d Congress— that during
the first session of the 93d Congress, not-
withstanding the provisions of the Leg-
islative Reorganization Act, conference
reports and statements accompanying
them not be printed as Senate reports
when the House of Representatives acts
first on such reports, or conference re-
ports and statements have been printed
as a House report, unless specific request
is made in the Senate in each instance to
have such a report printed.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
ADJOURNMENT UNTIL TUESDAY,
JANUARY 9. 1973
Mr. GRIFFIN. Mr. President, if there
be no further business to come before the
Senate. I move, in accordance with the
previous order, that the Senate stand
in ad.iournment until Tuesday next at
12 o'clock meridian.
The motion was agreed to; and at
2:01 p.m., the Senate adjourned until
Tuesday, January 9. 1973, at 12 o'clock
meridian.
EXTENSIONS OF REMARKS
H. S. T.— AMONG THE TOP 10
HON. JONATHAN B. BINGHAM
OF NEW VORK
IN THE HOUSE OF REPRESENTATIVES
Saturday. January 6, 1973
Mr. BINGHAM. Mr. Speaker, some
Presidents seem to shrink in stature as
the years pass following their term in
office.
With others it is to the contrary. From
the vantage point of a few years' perspec-
tive, they loom much larger than they
did while in office. Harry S Truman be-
longs in this category.
Of all the many thousands of words
that have been uttered and written since
Mr. Truman's death. I have seen none
more apt than those of Mar>- McGrory
in the following column, which appeared
in the New York Post of December 29,
1972:
The Lesson of His Life
(By Mary McOrory)
Washington.— In death, as In life. Harry
Truman did not Impose.
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EXTENSIONS OF REMARKS
January 6, 1973
funeral, like himself, was plain, prayer-
and to the point.
had planned It that way.
ixcept for the gold braid and the cere-
-'al firings, it could have been the funer-
any man frona Missouri who had been
■(far veteran and a Mason.
y family and old friends were Invited,
was no eulogy. He was not one to
st4ln rhetoric or extort emotion. Besides,
hii tory, always his guide, had become a
frl?nd. He had never needed anyone to tell
hl;n who he was. The library was there to
reinlnd the world of what he had done. ■
■ "he fuaeral repeated the lesson of his life —
any American can get to be President,
get over It.
had assumed office amid universal
ns, In which he humbly joined,
was patronized as "a little guy." But by
time he left the White House, the coun-
and the world thought he had been big
ugh for the Job.
/hat he brought to the White House was
lallty sadly lacking i< his two most recent
ce-ssors. that Is a sense of perspective. He
the only President of this generation
had an eye-level relationship with the
ntry. Elsenhower was the revered patri-
who could do no wrong; Kennedy was
idolized prince. Lyndon Johnson, a Gar-
tiian figure, demanded to be loved, and
n6t. The present occupant Is an em-
■. vindictive secretive, mirthless,
•uman was a man without pretense, who
pened to be President. Neither he nor the
ntr>- ever seemed to lose sight of the fact.
was not a hero or a magician or a chess
ver, or an obsession. He was a certifiable
of the human race, direct, fallible
mexpectedly wise when it counted.
$e did not require to be loved. He did not
t to be followed blindly. Congressional
;ltlon never struck him as subversive,
did he regard his critics as traitors. He
whined.
5e walked around Washington every morn-
it was safe then. He met reporters
uently as a matter of course, and did
blame them for his failures. He did not
the office as a club or a shield, or a hld-
place. He worked at it.
<e had a 'sense of what was due the presl-
^cy if not to himself. People were so un-
■•'d by him that they considered him In-
qordlnate when he fired General Mac-
Air. It was not personal pique. He under-
the Constitution, he understood the
iple of civilian control of the military.
He never said war was peace.
dropped the atomic bomb, a fact much
this week when American power Is
used savagely over another Asian coun-
The decision Is still disputed, but at least
gave the country plausible military rea-
> for what he did. His present successor
dropped the equivalent of two Hiroshima
■-- and has yet to give the public the first
i of explanation. Harry Truman be-
lle%jed the public business was the public's
bui Iness.
^11
a V
mepiber
an
exdec
opijosltlon
nele
in;
f re i
no
II 5(
ina
•
de
aw
s\i
Arlfti
stoxl
prlic
He
rec illed
bel ig
trv
he
son^
ha
bo:
sylfeble
week, the television has been bringing
back as he was. the twanging voice, the
forljhrlghtness. the humor. Was it only twenty
ago that we had a President who ex-
ned his actions, who admitted his mls-
and could Imitate a commentator?
man was not a "splendid misery" sort,
his time — It began with the Cuban
■ crisis— we have been given hour-by-
accounts of Presidential agonies.
Mothing to it, according to the man from
Independence. "You get all the facts and you
up your mind," he explained briskly to
1 udience.
brought to his retirement the same un-
perspectlve that had marked his
presidency. He actually went home to hU old
In Independence. He came to the door
nis morning paper.
took, as long as he was able, hla dally
h
fc
7*
pla
tak^s
Irur
Sin ;e
mis 3ile
hotr
male
an
lie
wav Bring
pre: Id
hoi^se
for
I4e
walk, and zestfully built his library. He
souoded off a time or two but as reluctantly
as tie had taken power, as readily he relin-
quished it.
"Three things ruin a man," he told a re-
portet on the occasion of his seventy-fifth
birthday. "Power, money and women."
"I never wanted power," he said. "I never
had any money, and the only woman In my
life is up at the house right now."
He is buried in the courtyard of his library.
He said he lived by the Bible and history. So
armed, he proved that the ordinary American
Is capable of grandeur. And that a President
can be a human being. At the present grim
moment, there is some doubt on both points.
We mourn for him as we mourn for lost
certainties.
I cannot improve on what Mary Mc-
Crory said, but I should like to add a few
words about two of Harry Truman's
great qualities.
One was his honesty. He was forth-
right with the American people, and
they trusted tiim when he said some-
thing, we knew he was telling the truth.
The contrast these days is obvious and
painful.
The other quality I want to single out
was his understanding of the tripartite
nature of the American Government. An
avid student of American history, Mr.
Truman had just as much respect for the
legislative and judicial branches as he
did for the Presidency. He fought with
the Congress, but he never ignored It or
downgraded it.
I am intensely proud of the fact that
I was appointed to office by President
Truman. History will rank him, I believe,
among the top 10 of our Presidents.
A TRIBUTE TO ADOLPH ZUKOR
HON. ALPHONZO BELL
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. BELL. Mr. Speaker, on January 7,
1973, the motion picture industry and
people throughout the world will join in
a tribute to Mr. Adolph Zukor, motion
picture pioneer and founder of Para-
mount Pictures Corp., on the occasion of
his 100th birthday.
Mr. Zukor's life represents those qual-
ities which have been admired and exalt-
ed throughout the history of the Amer-
ican people.
Adolph Zukor was born in Riese, Hun-
gary, on January 7, 1873. In 1889, at the
age of 16, he came to America, arriving in
New York with just $25 sewn In the lin-
ing of his clothes.
His first work in his new country earn-
ed him $2 a week. He spent his evenings
at night school learning English and con-
cepts of American business.
By the turn of the century, this enter-
prising young man had established him-
self as a successful businessman. It was
at this point that he turned his energies
toward the entertainment industry.
He began by investing in penny
arcades and other amusements. But he
sensed that the infant movie industry
was not being responsive to the needs of
the American audience as it should be.
During that time when only two-reel
escapist novelty films were being made.
he became convinced that narrative films
of greater length would provide the pub-
lic with more meaningful entertain-
ment.
So Adolph Zukor decided to become a
producer. He haunted D. W. Griffith's
sets, watching the companies at work. He
evolved scenarios from the classics. He
was determined that his company would
present actors and actresses of stand-
ing in the theater, in full length plays.
And long before the company was ac-
tually organized, he decided upon the
motto which was to announce his prod-
uct for many years, "Famous Players in
Famous Plays."
At this time, he was able to obtain the
American rights to "Queen Elizabeth,"
a four-reel picture starring Sarah Bern-
hardt which had been produced in
France. Many in the entertainment in-
dustry in our country believed this film
was too highbrow to gain popular ac-
ceptance here, but Zukor's judgment was
vindicated.
Thus it remained for "Queen Eliza-
beth," the first really artistic, full length
screenplay show in America, to pave the
way for the abandonment of two-reel-
ers and the adoption of feature-length
subjects in which form the motion pic-
ture has continued to this day. Adolph
Zukor's vision and daring with this new
medium resulted from that point in the
establishment of the modem motion pic-
ture industry.
Launching his production plans,
Adolph Zukor formed the Famous Play-
ers Film Co. in 1912. in association with
Daniel Frohman.
The first three pictures released by
the new company were James Hackett's
"The Prisoner of Zenda." "The Count
of Monte Crlsto." with James O'Neill, and
"Tess of the D'Urbervilles," with Minnie
Maddern Fiske. Ethel Barrymore was
won over from the theater temporarily.
Then Mary Pickford came into the fold.
After her came a long line of famous
stars through the years.
The success attending Famous Players'
first picture gave impetus to other new
production companies entering the field.
Adolph Zukor's conviction that the pub-
lic would respond to better pictures was
being proven. And among the new com-
panies were the Jesse Lasky Play Co. and
Bosworth, Inc., for the distribution of
whose pictures the Paramount Pictures
Corp. was formed.
In July 1916 the Famous Players Film
Co. and the Jesse L. Lasky Feature Play
Co. were combined under the name of
Famous Players-Lasky Corp. Later the
same year, the Oliver Morosco Photoplay
Co. and Pallas Pictures, the output of
Bosworth, Inc., were absorbed, as were
the Paramount Pictures Corp. on Jan-
uary 1, 1917.
Although the last named corporation
disappeared as a separate entity, the
name "Paramount" has been preserved,
thanks to the sagacity of Adolph Zukor,
and since that time Paramount Pictures
have literally encircled the globe.
To this piroducing and distributing or-
ganization which has grovv'n from so
humble a beginning, scores of the world's
leading screen personalities owe their
success.
January 6, 1973
When World War n broke out. Mr.
Zukor aided the war effort as a member
of the coordinating committee of the War
Activities Committee. In this way he par-
ticipated in the vast cooperative program
devised by Hollywood to aid the war on
the home front, in Europe and in Asia.
In 1947, Adolph Zukor was honored by
the Motion Picture Pioneers, an orga-
nization of film men having 25 years or
more in the industry, for his contribution
to motion pictures during the past
decades.
Mr. Speaker, on Simday at the Beverly
Hilton Hotel in Beverly Hills, friends and
admirers of Aloph Zukor will gather once
again to honor this great leader of the
motion picture industry for his 100 years
of life and, most important, for making
that life so productive. It will be a tribute
in which Congress and the Nation can be
proud to participate.
MEMORIAL TO HALE BOGGS
HON. J. HERBERT BURKE
OF FLORIDA
IN THE HOUSE OP REPRESENTATIVES
Saturday. January 6, 1973
Mr. BURKE of Florida. Mr. Speaker,
it is sad that this 93d Congress finds
absent, for the first time in 24 years, our
former colleague Hale Boggs. We, who
are fortunate to serve in the Congress
wll miss the face and friendly manner
of our friend from Louisiana. We are all
saddened by his untimely loss and
shocked, indeed, by his disappearance on
October 16 in an airplane in Alaska. I
am sure all his colleagues are deeply
saddened with the knowledge that his
able leadership as majority leader will
be no longer.
During his years in the Congress, since
he first joined the 77th Congress, he rose
to eminence and power in the House of
Representatives. First came his election
in 1949. to the Committee on Ways and
Means on which he sei-ved until 1970.
As the second ranking Democrat Mr.
Boggs helped with numerous pieces of
legislation and was a cosponsor of the
1962 Trade Expansion Act. He was ap-
pointed deputy Democratic whip in the
85th, 86th. and the first session of the
87th Congress, then he became the Dem-
ocratic whip, and in 1971 he became
majority leader.
In the House of Representatives. Hale
Boggs had an unusual position because
he stood as a truly effective human
bridge between the many competing
qualities and interests of the Members.
He served to sustain a Imk for tolerance
as well as for common action among
them. Under his leadership political di-
vergencies of all kinds — regional, cul-
tural, ideological, racial — were more
matters for rational discussion and sen-
sible action than reasons for implacable
and wasteful infighting.
I was proud to serve with Congressman
Boggs and I join with my colleagues, and
with the people not only of the Second
District of Louisiana, but with the entire
Nation, in mourning the death of oiu-
EXTENSIONS OF REMARKS
friend, who was such an able legislator
and gentleman.
COMMUNITIES NEED FLOOD
ASSISTANCE
HON. E de la GARZA
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. DE LA GARZA. Mr. Speaker, my
Texas district is one of many areas in
the United States subject periodically to
severe damage from fioods. For this rea-
son, I have had a special interest, ever
since I entered Congress, in trying to
help to provide flood insurance for our
people.
As my colleagues know, we have made
progress.
The National Flood Insurance Act of
1968 for the first time provided insurance
coverage for those seeking it. The private
property insurance industry felt unable
to provide flood insurance on an eco-
nomically feasible basis — at least during
the early years of such a program —
without Government assistance.
Congress therefore authorized a flood
insurance program to be carried out in
cooperation with private insurance
companies and through existing agents,
brokers, and adjusting organizations.
This program enables property owners
to buy insurance against losses resulting
from physical damage to, or loss of, real
or personal property caused by floods.
This joint effort of the Federal Govern-
ment and the insurance industry makes
it possible for individuals to purchase
policies at premium costs that they can
better afford.
However, many homeowners and busi-
nessmen have not taken advantage of the
opportunity. Efforts have been made to
increase the attractiveness of the pro-
gram, but still the response has not lived
up to expectations — or to the need.
More needs to be done.
I am therefore introducing amend-
ments to the National Flood Insurance
Act which would expand the program's
coverage. It is proposed to double the in-
surance limits on single family residences
and on all residential contents; to triple
the limits on all other structures and
contents, except nonresidential contents
which would increase from $10,000 to
$200,000; and to raise the limit on the
total amount of flood insurance coverage
authorized from the present $2.5 to $10
billion.
These changes would increase incen-
tives for community and individual par-
ticipation in the program. The proposed
amendments would retain the key con-
cept of the present law, which is to hold
to a minimum Icsses due to flood disaster.
Each community will still be required to
adopt effective land use measures before
individuals in that community may pur-
chase flood insurance.
Mr. Speaker, we have a sound basic
program of national flood insurance. The
amendments I propose will not detract
from its soundness but should have the
effect of making insurance coverage far
439
more widespread. That is an Important
and necessary goal.
IMPORTS CONTINUE TO THREATEN
U.S. BALL AND ROLLER BEARING
INDUSTRIES
HON. ELLA T. GRASSO
OF CONNECTlCtrr
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mrs. GRASSO. Mr. Speaker, steadily
increasing imports continue to threaten
the ball and roller bearing industries in
this country. The antifriction bearing
industry, for example, is in critical con-
dition because of imports, and these
bearings are a primary component oX
many aeronautical and defense products.
Domestic shipments of ball bearings
have decreased from $484.9 million in
1969 to $426.4 million in 1970 and down
to $390.1 million in 1971. During that
same time frame, ball bearing imports
have increased from $45.4 million in 1969,
to $52.1 million in 1970, S59.4 million in
1971, and up to an estimated $84.5 mil-
lion in 1972.
The decline in the domestic production
of bearings has resulted in a loss of thou-
sands of jobs in the recent past. Accord-
ing to one survey, the number of jobs in
the ball bearing industry decreased 31
percent between 1967 and 1971. Con-
necticut, a leader in domestic production
of bearings, has been especially hard hit.
We know that between 1970 and 1971.
the work force decreased by 4,600, from
16,100 to 11.500. A number of other
States — New York. Pennsylvania. Ohio.
Micliigan, Indiana, and New Hamp-
shire— have also suffered. Wliile some of
tliis job loss was due to general economic
conditions, imports greatly accentuated
the trend.
The manufacture of bearings is a high-
ly skilled trade requiring a well-trained
work force. The use of complicated
machinery depends upon skilled opera-
tors. Once a plant closes, costly retrain-
ing must precede increases in output — if
the plant reopens. Clearly, we cannot af-
ford to lose craftsmen who have skills
essential to the strength and future de-
velopment of our highly industrialized
society.
In addition, these bearings are vital
components of missiles, submarines, air-
craft, tanks, and other elements of our
na'ional defense. Overreliance on im-
ported bearings can, indeed, place In-
creasing strain on the maintenance of
an adequate defense posture.
Finally, the continuing rise of imports
has affected the ability of U.S. firms to
finance research needed to ipiprove tech-
nology. Unless the importation of bear-
ings is slowed very soon, the American
bearing industry will be unable to narrow
the gap between imports and exports.
For these reasons, I am introducing
two bills designed to «ave the American
bearing industry from unfair and de-
structive imports. One bill, which amends
the tariff schedule to improve statistical
440
information on bearing imports, would
enable us to measure accurately the im-
pact of imported beariiigs on the domes-
tic industry. The other bill would provide
relief in the form of a specific limit to
the number of bearings imported during
any one year.
In the past, the Tariff Commission and
other administrative agencies have been
able to measure the impact of most cate-
gories of bearing imports. However,
mounted and housed bearings have not
appeared on the tariff schedules as
separate items. The full impact of these
imports on the American bearing indus-
try therefore remains unclear.
To help remedy this situation, one of
my bills would create a special provision
within the tariff schedules for certain
ball and roller bearing units which pres-
ently appear in various other provisions
of the tariff schedules. Passage of this bill
would enable adequate statistical report-
ing with respect to the flood of bearing
imports, but would not result in any
modifications of present duty rates.
In the last Congress, I introduced a
similar bill. H R. 10385. Reports on this
legislation were sent to the House Ways
and Means Committee from the Depart-
ments of State, Treasury. Labor, and
Commerce, from the Special Representa-
tive for Trade Negotiations, and from
the Tariff Commission. None of these
agencies noted any substantive objec-
tions to the passage of the bill. The Tariff
Commission, however, suggested minor
changes in the language. These proposed
amendments are found in the language
of the new bill. Late last year, the Sen-
ate approved H.R. 10385 as an amend-
ment to a trade bill. Unfortunately, Con-
gress adjourned before the House could
consider the Senate action.
Enactment of this legislation into law-
would provide improved statistical data.
However, it would do nothing to prevent
American bearing manufacturers from
being deluged with imports. Therefore,
today I am also introducing a bill to help
preserve the American bearing industry
by the use of multinational agreements
similar to those used in other areas.
Briefly, this second piece of legislation
contains three major provisions. First,
total imports of bearings in any one year
shall not exceed the average proportion
of Imports-to-dome.stic production dur-
ing the 19G1-66 period. Second, Imports
In any year shall not be more than 10
percent above the average annual con-
sumption for the 1961-66 period for a
particular categorv'. Third, the percent-
age of total imports in any year repre-
sented by imports from any one nation
shall not exceed the average percentage
of total imports from that nation during
the 1961-66 period.
In addition, the bill gives the President
authority to adjust the limitation of im-
ports in specific instances, provided this
action is consistent with the national in-
terest. Finally, after 5 years. Congress
would have the opportunity to modify or
repeal this act if trade conditions war-
rant such action.
Mr. Speaker, the increased Importa-
tion of bearings into the United States is
crippling domestic bearing production.
EXTENSIONS OF REMARKS
Assistance to firms which have suffered a
decline in employment and earnings is
imperative for the survival of a skilled
industry that is vital to our national de-
fense.
The two bills introduced today will
help accomplish this important goal. I,
therefore, urge early and favorable con-
sideration of this legislation by the Ways
and Means Committee and the Congress.
January 6, 1973
END THE WAR
HON. LESTER L. WOLFF
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. WOLFF. Mr. Speaker, since 1965.
I have opposed our involvement in Indo-
china and have voted against military
appropriations to fund the war for the
past half dozen years. Along with mil-
lions of Americans, I looked forward to
a successful conclusion of Dr. Kissinger's
negotiations with the North Vietnamese
and to the peace which we were told was
"at hand."
The renewed hostilities and the re-
sumption of bombing in Indochina make
a mockery of promises of peace.
At the Democratic caucus meeting
yesterday, I supported the Nedzi resolu-
tion which has now made it the policy
of the majority party in the Congress to
oppose the renewed bombing and support
an end to the war.
As a Member of Congress I am pledged
to continue to oppose military appropri-
ations that perpetuate the war and I will
do everything in my power to end the
charade of Indochina.
Before the caucus meeting yesterday,
I had the privilege of Introducing a large
and committed delegation of Democratic
Party officials from Queens, N.Y., to the
Speaker. This group, led by Donald R.
Manes. Borough president of Queens,
submitted a resolution which calls for an
end to the war. The same resolution
was adopted by a large group of Nas-
sau County residents headed by Marty
Melman.
At this point in the Record. I insert
the text of that resolution and the names
of the officials who signed it:
Statement op Democratic Party's Officials
or Queens County, N.Y., on Vietnam
It has become apparent that the American
people have been deceived once again as to
the possibility of peace In Indo-Chlna.
We, the elected ofBclals of Queens County
are appalled by President Nixon's renewal of
the bombing and the mining of Haiphong
Harbor.
It Is time now that we come together in
a united effort to reaffirm the leadership of
the Democratic Party by a forthright act to
end this war.
We, the Democrats, who work at the local
level and in the highest bodies of govern-
ment, urge that you Implement the strong
position against the continuation of the
Vietnam war enunciated In the National
Democratic platform.
The people who elected us tire angry and
resentful after the pre-election ploy of "an
agreement 99 per cent complete", and the
cruel and Inhumane broken promise of
"POW's home by Christmas."
We ask the Democratic caucus to denounce
the renewed bombing of North Vietnam; we
urge the caucus to pledge that legislation to
cut off funding for the war within 30 days
after enactment receive the highest prl-
orlty and support necessary for passage.
We can no longer allow the war to continue
while America's moral fiber is irreparably
damaged and our cities die.
LIST OP SIGNATURES
Donald R. Manes, Borough President of
Queens.
Councilman Matthew J. Troy, Jr 16th
CD.
Councilman Walter Ward, 17th CD.
Councilman Morton Povman, 15th CD.
Councilman Edward L. Sadowsky 14th
CD.
Councilman Arthur J. Katzman, 13th CD.
Councilman Thomas J. Manton, 12th CD.
Councllman-at-Large Eugene Masteropierl.
Senator Karen Bursteln, 9th S.D.
Senator Jack Bronston, 12th S.D.
Senator Emanuel R. Gold, 13th S.D.
Assemblyman Herbert A. Posner, 22nd AD.
Assemblyman Saul Weprln, 24th A.D.
Assemblyman Leonard Price Stavlsky, 26th
AD.
Assemblyman Arthur J. Cooperman 27th
A.D.
Assemblyman Alan Hevesl. 28th AJ3.
Assemblyman Guy R. Brewer, 29th A.D.
Assemblyman Herbert J. Miller, 30th A.D.
Assemblyman Edward Abramson, 32nd A.D.
George A. McCracken, Executive Member,
22nd A.D.
Helen Leonescu, Executive Member 22nd
AJD.
Seymour Sheldon, Executive Member, 22n(J
A.D.
Gerdl E. Lipschutz, Executive Member,
22nd AX).
Mary Bassett. Executive Member, 23rd A.D.
Matthew J. Troy, Jr., Executive Member,
23rd A.D.
Agnes C. Hayes, Executive Member, 23rd
AD.
Rita Green, Executive Member, 24th A.D.
Ralph Sherman, Executive Member, 24th
A.D.
-Honey Miller. Executive Member. 24th A.D.
John J. Donohue, Executive Member, 25th
A.D.
Adrlenne C Braunsteln, Executive Member,
25th A.D.
William Frledmann, Executive Member,
26th AD.
Julia Harrison, Executive Member, 26th
A.D.
Ernest K. Koller, Executive Member, 26th
A.D.
Leah Gruber, Executive Member, 26th A.D.
Donald R. Manes, Executive Member, 27th
A.D.
Nettle Mayersohn, Executive Member, 27th
AD.
John Llnakls, Executive Member, 27th A.D.
Gladys R. Borensteln, Executive Member,
27th AD.
Sidney Strauss, Executive Member, 28th
A.D.
Ann B. Schachter, Executive Member, 28th
A.D.
Morton Povman, Executive Member, 28th
A.D.
Isle Metzger, Executive Member, 28th A.D.
Archie Spigner, Executive Member, 29th
A.D.
Isadora Rogers, Executive Member, 29th
A.D.
Alvln D. Mack, Executive Member, 29th
A.D.
Rose Halperin, Executive Member, 29th A.D.
Norma Keane, Executive Member, 30th A.D.
Marvin Cohen, Executive Member, 30th A.D.
Lillian Katz, Executive Member, 30th A.D.
Anthony Schneider, Executive Member,
3l3t A.D.
IsabeUa Brett, Executive Member, 31st AS>.
Walter Ward, Executive Member, 32nd A.D.
January 6, 1973
EXTENSIONS OF REMARKS
Roslna Zanazzl, Executive Member, 32ud SIX-YEAR PRESIDENTIAL TERM
A D
Fred Wilson, Executive Member, 32nd AD.
Eva Elsenberg, Executive Member, 32nd
AD.
Charles G. Imperial, Executive Member,
33rd A.D.
Caroline B. Forls, Executive ^ember, 33rd
A.D.
Eugene F. Mastropieri, Executive Member,
33rd A.D.
Cora I. Futch, Executive Member, 33rd A.D.
Ivan Lafayette, Executive Member, 34th
A.D.
Veronica Martini, Executive Member, 34th
A.D.
Joseph Lisa, Executive Member. 34th A.D.
Norma Cirlno, Executive Member, 34th A.D.
Terrance O'Keefe, Executive Member, 35th
A.D.
Diane Chapln, Executive Member, 35th A.D.
Ralph F. DeMarco, Executive Member,
36th A.D.
Gloria D'Amlco, Executive Member, 36th
A.D.
Denis Butler, Executive Member, 36th *A.D.
Marv Ann Kelly, Executive Member, 36th
A.D.
James P. Barker, Executive Member, 37th
A.D.
Gertrude McDonald, Executive Member,
37th A.D.
Robert E. Whelan, Executive Member, 37th
A.D.
Marie C Stroebel, Executive Member, 37th
A.D.
Anthony Sadowski, Executive Member, 38th
A.D.
Helen T. Reld, Executive Member, 38th A.D.
State Committeeman Norman Silverman,
22nd A.D.
State Commltteewoman Florence Kaplan,
22nd A.D.
State Committeeman Irwin Rosenthal,
24th A.D.
State Commltteewoman Edith Posner, 24th
AD.
State Committeeman John Costanza, 25th
A.D.
State Commltteewoman Natalie Gordon,
25th A.D.
State Committeeman Leonard Well, 26th
AD.
State Commltteewoman Claire Waxelbaum,
26th A.D.
State Committeeman Abbott Dlcksteen,
27th A.D.
State Commltteewoman Patricia Israel,
28th A.D.
State Committeeman Irwin Cohen, 28th
A.D.
State Commltteewoman Cynthia Jenkins,
29th A.D.
State Committeeman Elmer Schwartz, 30th
A.D.
State Commltteewoman Ethel Wershaw,
30th A.D.
State Commltteewoman Frances Bennlck,
31st A.D.
State Commltteewoman Marie Tamby, 32nd
A.D.
State Committeeman Celedonia Jones, 32nd
AD.
State Commltteewoman Mary D. McSorley,
33rd A.D.
State Committeeman Warren J. McNally,
34th A.D.
State Commltteewoman Marie Mercogll-
ano. 35th A.D.
State Committeeman George Boomgaard,
35th A.D.
Stale Commltteewoman Agnes V. Jennings,
A.D.
State Committeeman Joseph Gerrity, 38th
A.D.
HON. E de la GARZA
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
iClr. DE LA GARZA. Mr. Speaker. I am
introducing for appropriate referral a
resolution proposing a constitutional
amendment limiting any future Presi-
dent of the United States to serving one
term of 6 years.
This is a matter that has been under
discussion for years. Such important is-
sues are involved that I am convinced
the people themselves should make the
decision. Submission of a constitutional
amendment would give rise, I think, to
a nationwide debate on the pros and cons
involved in a single 6-year teiTn. There
are telling arguments on both sides and
they should be advanced for the general
public enlightenment.
The question is not new. During the
Constitutional Convention of 1787 the
most heated and prolonged debate was
devoted to arriving at a satisfactorv
method of electing the President. After
more than 60 ballots had been taken, the
4-year term with no restriction on re-
election was approved.
Our Nation functioned under the pro-
visions of that decision until 1951. In
that year the two-term limitation was
adopted as an amendment to our Con-
stitution.
During the time between 1787 and 1951,
although the constitutional provision was
not changed until the latter year, the
debate over presidential terms went on
steadily, especially after President
Franklin D. Roosevelt broke the two-
term tradition. Most of the proposals
put forward would have changed the
term from 4 to 6 years with the President
ineligible for reelection.
That is what my proposed constitu-
tional amendment would do if adopted
after full consideration by the people
generally of the merits and demerits of a
single 6-year presidential term.
VETERANS MEDICAL AID ACT
OF 1972
HON. ELLA T. GRASSO
OF CONNECTICUT
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mrs. GRASSO. Mr. Speaker, last year,
the Congress passed comprehensive legis-
lation, known as the Veterans Medical
Care Act of 1972, designed to provide im-
proved medical care to the Nation's vet-
erans. Most imfortimately, this impor-
tant bill was vetoed by the President.
Provisions of the bill included in-
creased funding on a per diem basis to
States for domiciliary, nursing, and hos-
pital care for veterans in State homes,
such as the Rocky Hill State Veterans
Home and Hospital in my State of Con-
necticut.
441
state veterans homes in Rocky Hill
and across the country are providing es-
sential health care services for our vet-
erans. New funding for per diem reim-
btu-sement to States for the operation of
these State veterans facilities would al-
low them to more adequately meet the
health care needs of all our veterans.
It is for this reason that I am intro-
ducing legislation today to increase the
per diem rate for reimbursements from
$3.50 per veteran to $4.50 for domiciliary
care, from $5 to $6 for nursing home
care, and from $7.50 to $10 for hospital
care. The legislation would also extend
entitlement to Vietnam war era vet-
erans, and would increase the propor-
tionate share of Federal funding for con-
struction and alteration of State home
facilities from 50 to 65 percent.
This bill represents an important step
forward in responding to the health care
needs of our veterans. It is my hope that
the legislation will receive prompt con-
sideration by the Congress.
A BRIEF HISTORY OF THE
INDOCHINA WAR
HON. ROBERT W. KASTENMEIER
OF WISCONSIN
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. KASTENMEIER. Mr. Speaker, as
we begin another year of American in-
volvement in the Vietnam war, I would
like to share with my colleagues a cap-
sule history of the long conflict as pre-
sented by the Washington Post on De-
cember 31, 1972:
The Story op Vietnam: An Instant
Editorial
••I fully expect (only) six more months of
hard fighting." General Navarre, French
Commander-in-Chief, Jan. 2, 1954.
"With a little more training the Vietnam-
ese Armv will be the equal of any other
army . .'." Secretary of the Army Wilbur
Brucker, Dec. 18, 1955.
"The American aid program in Vietnam
has proved an enormous success — one of the
major victories of American policy." Gen. J.
W. O'Daniel, Official Military Aide to Viet-
nam, Jan. 8, 1961.
"Every quantitative measurement shows
we're winning the war . . . U.S. aid to Viet-
nam has reached a peak and will start to
level off." Secretary of Defense Robert S. Mc-
Namara,1962.
"The South Vietnamese should achieve
victory in three years ... I am confident
the Vietnamese are going to win the war.
[The Vletcong] face Inevitable defeat." Adm.
Harry D. Felt, US. Commander-in-Chief of
Pacific Forces, Jan. 12, 1963.
"The corner has definitely been turned
toward victory in South Vietnam." Arthur
Sylvester, Assistant Secretary of Defense,
March 8, 1963.
"The South Vietnamese themselves are
fighting their own battle, fighting well."
Secretary of State Dean R%i3k. April, 1963.
'South Vietnam Is on its way to victory."
Frederick E. Nolting, US. Ambassador to
South Vietnam, June 12, 1963.
"1 feel we shall achieve victory in 1964."
Tram Van Dong, South Vietnamese general,
Oct. 1,1963.
442
"Secretary McNamara and General [Max-
well 1 Taylor reported their Judgment that
the major part of the tJ.S. military task can
be completed by the end of 1965. " White
House statement. Oct. 2, 1963.
"Victory ... Is Just months away, and the
reduction of American advisers can begin any
time now. I can safely say the end of the war
is In sight." Gen. Paul Harkins. Commander
of the Military AssUtance Command in Sai-
gon. Oct. 31, 1963.
"I personally believe this Is a war the
Vietnamese must fight. I don't believe we
can take on that combat task for them."
Secretary McNamara. Feb. 3. 1964
"The United States still hopes to with-
draw its troops from South Vietnam by the
ei.d of 1965." Secretary McNamara, Feb. 19
1964.
"The Vietnamese . . . themselves can handle
this problem primarily with their own ef-
fort." Secretary Rusk. Feb. 24, 1964.
"We are not about to send American boys
9.000 or 10.000 miles from home to do what
Asian boys ought to be doing for themselves."
President Lyndon Johnson. Oct. 21. 1964.
"We have stopped losing the war." Secre-
tary McNamara, October 1965.
"I expect . . . the war to achieve very sen-
sational results In 1967." Henry Cabot Lodge.
U.S. Ambassador to South Vietnam, Jan. 9
1967.
"We have succeeded In attaining our objec-
tives." Gen. William Westmoreland. U.S.
field commander in Vietnam, July 13. 1967.
"We have reached an Important point
when the end begins to come into view . . . the
enemy's hopes are bankrupt." Gen. West-
moreland. Nov. 21. 1967.
"We have never been in a better relative
position." Gen. Westmoreland. April 10. 1968.
"(the enemy's] situation Is deteriorating
rather rapidly." Gen. Andrew Goodpaster,
White House aide. January 1969.
"We have certainly turned the corner In
the war." Secretary of Defense Melvin Laird,
July 23. 1969.
"I will say confidently that looking ahead
Just three years, this war win be over, It will
be over on a basis which will promote lasting
peace in the Pacific." President Richard Nix-
on. Oct. 12. 1969
"This action [the invasion of Cambodia]
Is a decisive move." President Richard Nix-
om. May 9. 1970.
•General Abrams tells me that in both
Lios and Cambodia his evaluation after
taree weeks of fighting Is that — to use his
terms — the South Vietnamese can hack it.
und they can give an even better account of
themselves than the North Vietnamese units.
This means that our withdrawal program, our
Vietnamese program, is a success . . ." Prea-
tdent Richard Nixon. March 4. 1971.
"Peace is at hand." Dr. Henry Kissinger,
Oct 26. 1972.
• We have agreed on the major principles
that I laid down In my speech to the na-
tion of May 8 We have agreed that there
will be a ceasefire, we have agreed that our
prisoners of war will be returned and that
the missing in action will be accounted for.
and we have sigreed that the people of South
Vietnam shall have the right to determine
their own future without having a Com-
munist government or a coalition govern-
ment Imposed upon them against their will.
"There are still some details that I am
insisting be worked out and nailed down be-
cause I want this not to be a temporary
peace. I want, and I know you want It — to
be a lasting peace. But I can say to you with
complete confidence tonight that we will
soon reach agreement on all the Issues and
bring this long and difficult war to an end."
President Nixon. Nov. 6. 1972.
"The United States and North Vietnam are
locked in a 'fundamental' impasse over
whether they are negotiating an 'annlstlce*
I
EXTENSIONS OF REMARKS
or 'peace,' Henry A. Kissinger acknowledged
yesterday." From The Washington Post, Dec.
17, 1972.
"Waves of American warplanes. Including
a record number of Edmost 100 B-52 heavy
bombers, pounded North Vietnam's heart-
land around Hanoi and Haiphong yesterday
and today In the heaviest air raids of the
Vietnam War." From the Washington Post,
Dee. 20, 1972.
"Hundreds of U.S. flghter-bomt)ers
launched intensified attacks yesterday on
North Vietnamese air defense sites in an all-
out attempt to cut down the number of B-52
heavy bombers and their 6-man crews being
shot down by surface-to-air missiles." From
The Washington Post, Dec. 30, 1972.
'"The President has asked me to announce
that negotiations laetween Dr. Kissinger and
special adviser Le Due Tho and Minister Xuan
Thuy will be resumed in Paris on Jan. 8.
Technical talks between the experts will b©
resxuned Jan. 2. . . . The President has or-
dered all bombing wUl be discontinued above
the 20th parallel as long as serious nego-
tiations are under way." Gerald L. Warren,
White House spokesman, Dec. 30, 1972.
January 6, 1973
the day when this amendment shall be
passed by the Congress, ratified by the
States, and deUvered to an anxiously
awaiting American people.
FORCED BUSING
HON. WILMER MIZELL
OF NORTH CAROLINA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. MIZELL. Mr. Speaker, as we begin
the 93d Congress today, I believe there
is no more important domestic issue fac-
ing the American people than the issue
of forced busing.
And I believe we should waste no time
in beginning anew our efforts to pro-
hibit the forced busing of schoolchildren
simply to achieve an arbitrary racial
balance in our public schools.
And so today I am introducing a res-
olution for constitutional amendment,
stating that "no public school student
shall, on the basis of race, creed, or color,
be assigned to or required to attend a
particular school."
Most of my colleagues will recognize
the language of this amendment as being
identical to the legislation I introduced
in April 1971, shortly after the U.S. Su-
preme Court handed down its decision
in the Charlotte, N.C., desegregation
case, when the court first approved the
use of busing as a desegregation tool.
That amendment won the support of
more than 150 of my colleagues in the
92* Congress, but our efforts to see it
passed were frustrated by the leader-
ship of the Judiciary Committee.
I am hopeful that this amendment will
fare better in the 93d Congress than it
did in the 92d. I remain convinced that
there is a great and urgent need to re-
store a better sense of educational and
fiscal priorities in the public school
system in America by prohibiting the
disruptive and wasteful policy of forced
busing.
Cosponsoring the bill with me today
are great many of my distingiiished col-
leagues, representing constituencies from
all across America and sitting on both
sides of the aisle.
I urge the swift consideration of this
legislation in the appropriw* commit-
tee, and I look with great hope toward
WHAT EVER HAPPENED TO
DESALTING?
HON. CRAIG HOSMER
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Saturday. January 6, 1973
Mr. HOSMER. Mr. Speaker, I recent-
ly had the privilege of addressing the
Cooperative Desalting Studies Conference
in Anaheim. Calif., at the invitation of
the Office of Saline Water, a mistake I
am confident that OSW will never make
again.
In my prepared remarks, I reviewed
the U.S. desalting program — or lack
thereof — as I see it. emphasizing in
particular the OSW's lack of enthu-
siasm for building a large-scale demon-
stration plant despite a congressional
directive to do so.
For the information of my colleagues
who have labored so long in the interest
of advancing U.S. technology in this
exciting field, my remarks follow:
Extracts Prom Remarks by Representatttb
Craig Hosmer
The recent retreat of Westlnghouse from
the desalting business along with enhanced
foreign competition and the paucity of any
large scale domestic plans for a U.S. demon-
stration size plant have kind of hixng a pall
over this industry which — by now — we had
expected to "make the deserts flower" as the
saying goes.
In the 20 years I have been associated
with it I've seen the name changed from
desalinization to desjillnatlon and lately to
just plain desalting. I've seen the great plans
for Bolsa Island sink silently Into the sea.
I've watched the mirage of massive nu-
plexes — nuclear powered desalting, indus-
trial and agricultural complexes — shimmer
and disappear back Into the sands of the
world's deserts along with the hopes of un-
derdeveloped nations for rescue from pov-
erty and hunger.
During these two decades I have also seen
some progress and I feel that most of the en-
gineering and economic advances in desalt-
ing which have been made can be traced di-
rectly to efforts by the Office of Saline Water
and the Joint programs it has undertaken
with the states and private Industry. For at
least half-a-century before OSW there hadn't
even been one major improvement in ship-
board evaporator design — an almost unbe-
lievable record of neglect In this area. With-
out OSW there probably wouldn't be much
progress in the desalting game even today.
But by like token, had OSW over these years
played a wiser and a stronger role — and been
more consistently aggressive — many of the
problems bugging the desalting province
might be behind us today.
Last year when we renewed the Saline
Water Act and gave OSW another five year
lease on 'life there was serious talk around
that the office already had run Its course and
had no further worthwhile contributions to
make — and therefore maybe we just ought
to give a decent burial then and there.
And. as a matter of fact, If In the future
OSW doesn't soon show us some real hope
for a U.S. desalting demonstration on a large
scale that can give us the technological as-
January 6, 1973
sessments and the economic data essential
to achieve the objectives of this act — and If
OSW doesn't rid Itself of the stigma of op-
erating as a WPA-type project for a handful
of companies Interested in government con-
tracts— maybe it has outlived its usefulness.
All that remains to be seen.
But It would be kind of sad to see OSW
expire and all that know-how lost whlcli was
so painfully acquired by a whole succession
of OSW directors on reasons for not putting
the United States Government in as archi-
tect-engineer and construction supervisor for
.universal design JIDDA desalting plants.
But with the bad there has been the good
and one of the brightest spots around Is right
here In Orange County in the form and sub-
stance of the Orange County Water District.
With courageous and foreslghted leaders like
Henry Segerstrom and Don Owen It Is no
surprise at all to me that OCWD has emerged
as the national leader In desalting applica-
tions.
Perhaps because we here in Southern Cali-
fornia were cursed with so little water and
so much land to begin with we have, through-
out the State's history, had to be preoccupied
with satisfying our water needs. Since gold
rush days we have had to beg, borrow, steal,
develop and enlarge our ever barely ade-
quate water supply — acre foot by acre foot.
Of necessity we had to be statesmanlike, far-
siehted. ambitious, innovative and coura-
geous. Also we had to be sly. sneaky, under-
handed and contentious. But our hearts were
pure and our minds were clean and we
did get our water. That Is why California
today can number twenty-two mUllon souls
as its citizens.
All that took lots of imagination and en-
gineering genius. Water does not come easily
around here, particularly in quantities ag-
gregating many millions of acre feet. We
had to be water pioneers and we had to be
willing to risk what others would not. So It
is logical that Southern California should
pioneer and lead in the field of desalting.
It was hardly expected, however, that this
would be carried forward with the bold ex-
cellence that characterizes water factory-21
I am proud to claim it as one of the unique
and extraordinary accomplishments of the
congressional district I am honored to rep-
resent. My fellow citizens of the Orange
County Water District have put a healthy
$13 million of their own public monies into
this most advanced prototype, a combination
of the vertical tube evaporation and multi-
stage fiash processes.
And even before WT-21 completed the Dis-
trict Is out shopping for another triumph In
the form of a 30 to 50 MOD membrane plant
which would be the largest municipally op-
erated desalting facility in the country. It
would also represent a giant step forward In
this Important area of water reclamation
technology.
These projects, along with OCWD'S co-
sponsorship of this conference Indicates its
faith In the future of desalting and evidence
the vital role it will play in southern Cali-
fornia's future growth. And, if the Good
Lord continues to give California men to
match her mountains, men like Segerstrom
and Owen, that future Is assured.
Incidentally, I must make It clear that I
do not regard the large membrane plant
OCWD Is talking about as filling the bill for
the large desalting demonstration plant I
am calling for. In this game a 30 to 50 MGD
membrane plant is a full grown affair — it Is
not merely an increment of something larger,
although, of course, it could be.
For somewhat similar reasons I cannot
regard the giant reverse-osmosis plant being
talked about as part of the solution for the
Colorado River Water Quality dispute with
Mexico as the answer to our prayers for a
large demonstration plant. Even If that plant
should be a go at 175 MGD — and It Is quite
EXTENSIONS OF REMARKS
likely to be — It won't fill the need for a
demonstrator for two reasons:
1 ) It will clean up brackish water, but It
wUl not create new wa^er desalted from the
ocean; and.
2) Membrane plant size and plant costs
bear a linear relationship, not a geometric
one. therefore they can never ofifer us that
opportunity for economies of scale that we
are seeking from truly large volume desalt-
ing Installations.
Frankly, our problem with Mexico comes
mostly from the 65,000 acre Welton Mohawk
Canal project and its terrible drainage which
runs as high as 3500 ppm in jAsolved solids.
At $1,000 per acre we could spend $65,000,000
and buy it up, shut it down, break it off, float
It down the Colorado and sink the whole mis-
begotten scheme in the Gulf of California.
To the same water quality end that would be
a lot cheaper In the aggregate than spending
$50 million to build an R-O plant and
$10 a year ad finitum to run it. But I do not
expect America's bureaucrats to go for such
a simple solution as that. So —
Back to my pitch for the demonstrator —
somewhere around 50 mgd is what I think
Its minimum size ought to be. That size
evaporation process plant would start to give
the economies of scale a real test. It could
point the eventual way to huge amounts of
competitive water in the major markets as
contrasted to essential amounts of "any cost"
crisis water in specialty markets like the
Carribean Islands and Jidda.
In this endeavor I recall that our old friend
Bill Warne poured some good advice into
this article on water factory-21, written for
Dick Smith's weekly desalination report.
Warne recalled that one of the extra burdens
which helped sink Bolsa Island was trying
to interface embryo desalting technology and
all the problems of a water utility with all
the problems of electric utilities, and those
of the new nuclear variety at that.
It is hard enough at the beginning Just to
build a big water plant and. If It can be
avoided, the experiment really should not be
saddled with the dual purpose problems and
the split-end goals of an electric utility
partner.
Bolsa Island taught us that technological
marriage before puberty of both partners is
not reproductive and we ought to remember
that lesson. I hope our friends over in Ari-
zona who keep talking about the world's
biggest combination dual purpose atomic
power and desalting plant will remember It
too. Instead of buying tickets at this point
on tYie Titanic they ought to be helping us
put^n the heat for the prototype demonstra-
tion large desalting plant first — ^then their
dual purpose dreams are a lot more likely to
come trtie.
And. the same probably can be said for
Dr. Rex's and the Bureau of Reclamation's
geothermal aspirations in Imperial Valley
which are even more technologically primi-
tive.
As many of you know, I have been in the
nuclear power business even longer than I
have been giving free advice — for all Its
worth— to many of you in the desalting game.
There is no doubt that these two technol-
ogies are inherently S3rnergystic to an ex-
traordinary degree— but only when time and
conditions are right. And that time can come
only when we plug the big gap in United
States plans and programs represented by the
absence of the knowledge from this large
plant.
We are a-ok on the nuclear side — but hold-
ing on the desalting side for large plant
know-how to Interface It. It was for that
ver>' reason that a requirement was written
Into last year's renewal of the saline water
act for OSW to seriously study the best way
of going about this.
But when OSW's report came back to us
this fall. In effect it left the whole matter
443
in Umbo. After almost a quarter-of-a-century
and more than $250 desalting megabucks
good old OSW still can't see Its way clear to
get this project moving.
Now. for that I am not blaming the smil-
ing Irishman. For a lot longer than he has
been running the show these plans should
have been feasibly laid.
What I am blaming PafO'Meara for is that
our congressional instructions on the char-
acter of the large plant study told him how
to wTite it, what we wanted and what to
check or. turned out to be a weightier docu-
ment than Pafs terse, two-month's late re-
port that he wasn't going to do a damn thing
for us — for now at least.
And. I think that smacks of contempt for
Congress.
Therefore I must reiterate the point of the
large plant and what is so all Important about
building one. I have already hinted at that
by saving that the high cost of water of a
1 MGD plant on a Caribbean Island is one
thing. Quite another is the economy of scale
evolving out of 50-200-500- and even 1000
MGD and bigger plants designed and built to
provide base load water supply supplements
for major metropolitan area users and the
entire load for smaller systems.
The point is, too, that the massive poten-
tial for converting seawater for the common
good and to quote "serve mankind" end quote
and the Madison Avenue baloney about "flow-
ering the deserts" Is Just a lot of purple prose
and cannot even be checked or validated un-
til the big plant is built.
And vou can be sure that the U.S.A. public
Is not going to get a darn thing out of some
plant along these lines built In Hong Kong
by the Honorable Sasakura Company. All that
will give us Is another low-blow In the bal-
ance of trade groin.
Our water resource planners and potential
plant owners such as OCWD in the real world
right here In the U.S.A. will not have the data
they want and need for use right here In the
USA. until we build a plant right here In
the U.S.A.
Sometimes I think Pat O'Meara Just ought
to throw a dart toward a map of the Western
United States and start building this big
plant wherever It hits. Then we can start
getting data on design, reliability, opera-
tion and maintenance and all the other
thlnes we need to know to demonstrate and
prove that desalting is a viable and readily
available option to select In meeting future
water quantity and quality needs.
This Is the kind of thing that Admiral
Rlckover did to demonstrate that the nu-
clear alternative was really available to meet
our power needs. Rick had the guts and de-
termination to build the first civilian "^ nu-
clear power plant before Its economic suc-
cess was a sure thing, before anybody else
had done it. and almost before anybody
wanted it. The cost of his 60 megawatt plant
was fantastic. ^^,
But because Rlckoversj8*W!r things mov-
ing m the early lasoe-wtfay nuclear is a legit-
imate and major alternate fuel for meeting
the national energy crisis.
Maybe O'Meara Is — and maybe he isn't —
as big an S-O-B as Hyman Rlckover — but
when we start to see him acting like it, we'll
know the big desalter Is on Its way. And. we
will know that a fruitful marriage after
puberty of desalting and nuclear power can-
not be far behind. Tliat Is worth doubling
the Federal Government's effort to get.
Of course, Westlnghouse got tired of
waiting for this great day and when an
American outfit that big gNes up the desalt-
ing ghost, you start to wonder If maybe the
rest of us will get stuck with some kind of
a cadaver on our hands. At least I'm glad
Envlrongenics and Acquachem and others
stUl think the body Is warm. Maybe things
wlU be better for them for a whUe with less
competition around. Let's hope so.
441
B 1
48 J
Is
and
tak
the
snafcbed
In-
onci
Hor^glci
In-
sh
act
till
O] t
I all
at
Am( rlcan
A Id
cen
\vh i
con
i ce-
ll
en
est
nr e
Ul£ tlon
lilt
ma
sal
nonllc
&tra :ed
;t the news of the $59.6 million turnkey,
J [OD Hongkong Job going to the Japajiese
'■Hily disturbing both because It happened
because of how It happened.
Pi rsonally I think Sasakura decided to
'-• a $5 to $in million bath to buy into
desalting game. It sure could not have
ched up that Job on the basis of any
1- ouse Ingenuity or engineering experl-
of Its own Despite what its ads In the
kong newspapers say. it was unknown
d-to the desalting business Just a few
years back. Let's face It — Sasakura Is
ly no more than a licensee of U.S. dls-
lon evaporator savvy and It Is picking
"an brains for the Hongkong Job.
that's alright with the American 11-
: — who Is on the Arab boycott list,
Sasakura is not — .so some thlnes like
nulng to do business with both the
" and the Israeli's at one and the same
can be accomplished by Indirection
they cannot be done directly, that part
doesn't even offend me, I jiist hate to
1 Japanese competitor slide into a con-
using round-eye know-how It got from
nlted States.
things like that going on It Is little
that Westlnghouse is waving good-
even thoueh its chiefs had testified be-
us numerous times of desaltlng's great
ilse and swore over and over again that
here at Westlnghouse are In the water
ness to stay."
agree with others that the demise of
tlnghouse as a desalting plant supplier
only stack up as a loss for the U.S. when
c< mpany that so personified tl-^e desalting
■ e as Westlnghouse tosses aU the exper-
e it has buUt up right out the window,
evltablj casts a pall over the entire de-
: ng game. I suspect big "W" wUl be charg-
back Into the ring with us one of these
before long, but meanwhile only one dls-
ion desalting company remains In the
which has acttially built and operated a
-erclal plant.
, If there Isn't much business, I can see
profit making organizations start re-
ndering how long they ought to hang
md. You all know how Dick Smith single
ledly holds us together In the desalting
ness via his weekly poopsheet. He neces-
' y keeps close tab on the state of the de-
ng art as well as the health of the
Itlng business., Dick tells me It Is pretty
h Just to stay even, to replace readers
ng out with new subscribers coming
the field. I guess Smith's subscription
Tiust be about as accurate a barometer of
business as there Is.
1 of which again underscores the real
I to get going on construction and op-
rlon of the first large desalting plant. It
1 get the ball rolling and regenerate our
liuslasm for this important alternative
-ition to our overall water resource needs.
iplght even change some peoples minds
t giving OSW a quick funeral In Potter's
Araps
tlm
wh
of i
see
trac
thp
\Allth
woiijder
bye
fore
prolyl
"we
bus
I
W
cai
a
ga
leni
it 1
salt
Ing
day,
t
U.S.
conimerclal
Aid,
wh\
con
aroi
hanJledU
btis
sari
saltjng
desa
toui
get
intc
list
the
A
nee 1
erat
will
ent
sol
It
a bo 1
Flelb
I:
need
tine
would certalnlv anticipate fulfilling the
3 for chemically and biologically pure,
!t and wholesome water to be called for
I ederal legislation Don Owen wlU be pro-
si ng to you tomorrow afternoon. Don has
pointed out before as he wUl again the Irony
large foreign aid expenditures we make
as to help other people get potable
drlrklng water— some $25 billion he figures
durfng the last 25 years— when at the same
six million American families still lack
n^lng water In'thelr homes and about 25%
e poptilatlon of the United States Is
" by no community water system at all.
needs cannot possibly be met in
y areas of this country except by the de-
" alternative — the moment that Its eco-
feasiblllty on a large scale Is demon-
. I probably shall not agree with every
swe^t
in
postng
poliite
of t le
ovei seas
tlm (
ru
of dhe
served
Tiese
t ng 1
EXTENSIONS OF REMARKS
word and all the punctuation In Owen's leg-
islative proposal, but my heart and soul Is
in complete harmony with his xenophorlc
thesis that needs here at home ought to come
first.
While OSW has lagged on the large Amer-
ican domestic prototype, there have been no
lack of schemes for giving away big goodies
elsewhere In the world. As a matter of fact,
this Is the first time I recollect ever being
asked to talk to a group on the subject of
desalting here on American soil. . . . And
the reason for that Is not simply that I make
a lousy speech. A companion reason Is that
when American desalting leaders do get to-
gether, they tend to head for Rome or Vienna
or Mexico City or some other exotic spa. Now,
of course, things will be different since Ana-
helm has been discovered.
But if this sounds like sour grapes you are
right on. There has been no lack of schemes
for spending our desalting money almost
wherever around the globe. Over the years
we've heard about the plants for the Spanish,
the Portuguese, the Sicilians, the Greeks, the
Arabs, the Hindus, the Patagonlans, you name
It. And. closer to our shores, the Hawallans,
Puerto Rlcans. and the Islands of Culebra
and Vieques. You all recall the biggest of the
lot — the one billion gallon per day, three
thousand megawatt nuclear fired dual pur-
pose plant for the Mexicans, to be built pre-
cisely astride the International boundary, but
of course, paid for north of the border.
Most recently the ever popular Israeli de-
salting plant Idea has resurfaced. Originally
Lewis Strauss wanted It to be a nuplex lo-
cated In no-man's land in the Slnal Desert
between the Egyptian and Israeli battle lines.
Gradually It got shrunk down to Just a 200
to 1000 MGD desalter safely Inside the Israeli
Army's protection. Now It Is back at a some-
what more realistic 11 MGD size for which
the U.S. will put up $15 million and Israel
the remainder.
Since our pressure sensitive State Depart-
ment Is mixed up In It. already they have
given In to Isarell demands for an untested
and unproven plant embodying horizontal
tube evaporators and aluminum tubing. It is
commencing to look more and more like the
kind of technical disaster that Frank DlLuzlo
got mixed up In years ago with some crazy
Israeli Inventor's secret freezing process de-
salting Idea. That was such a debacle that
Frank's company had to reorganize and
change Its name to get out of the mess.
But even if my dire predictions prove
erroneous — and I do wish these nice people
every success with their sagging horizontal
bundles of clogging aluminum tubing — even
with all the luck in the world that 11 MOD
plant In Israel is not going to demonstrate
any U.S. technology — large medium or
small — and we've still got this gap to fill,
Mr. O'Meara, sir, because building a plant
overseas files In the face of our need for
large scale technology here at home.
More than that, to the extent that the
Israeli scheme competes for funds to build
up water factory 21 from three to Its poten-
tial 15 MGD, It takes water from our own
canteen. Particularly, since In this Inter-
mediate size evaporator area, a lot more of
the economics need Investigating and par-
ticularly since we've got a lot of basic hard-
ware here In Orange County already paid for
which Is sized to support the fifteen million
figure.
So in closing let me Just put In a plug for
another of Don Owens Ideas — that for an
association which will start caring In an or-
ganized way for the needs of desalting users.
It is an Idea whose time has come and I hope
some formal action will be taken to get an
association organized. Prom a Federal legis-
lator's standpoint I certainly would welcome
It to assist In formulating our legislative pro-
grams for meeting the Nation's needs In this
area.
January 6, 1973
LOV^^ER RIO GRANDE VALLEY
FLOOD PROTECTION
HON. E de la GARZA
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. DE LA GARZA. Mr. Speaker, in my
congressional district the flood problems
of the Lower Rio Grande Basin specifi-
cally in Willacy, Hidalgo, and Cameron
Counties, are of such magnitude and so
interdependent that they have to be
treated on a basinwide basis.
The area is greater than that author-
ized to be treated under the Watershed
Protection and Flood Prevention Act
(Public Law 83-566>. In consequence,
special legislation is needed to provide
for a flood control and water and soil
conservation program in cooperation be-
tween the Federal Government on the
one hand and State and local units of
government on the other.
I am introducing a bill that would
make such a cooperative program pos-
sible.
My bill would authorize the Secretary
of Agriculture to carry out the phase I
portion of the Comprehensive Study and
Plan of Development. Lower Rio Grande
Basin, Tex., dated July 1969. This plan
was prepared by the U.S. Department of
Agriculture in cooperation with the
Texas Water Development Board, the
Texas Soil and Water Conservation
Board, and the Texas Water Rights
Commission.
The bill contains authorization for the
appropriation of $21 million as the esti-
mated Federal share of the cost of this
important and necessary project. It pro-
vides that non-Federal entities must in-
stall an adequate land treatment pro-
gram. These entities also must acquire
all land rights needed in connection with
the project. After installation of the im-
provement works, they will be operated
and maintained by the non -Federal en-
tities.
Mr. Speaker, the area under discus-
sion has long been subject to periodic
floodwater damage and continuing soil
erosion of a very serious nature. The rec-
ommendations in the Comprehensive
Study and Plan of Development for the
Lower Rio Grande Basin sets forth a
blueprint for action that would be greatly
beneficial from both an economic and
human standpoint. The need for imple-
mentation of this plan is evident and im-
mediate, and I earnestly solicit the sup-
port of my colleagues for my bill.
A TRIBUTE TO TORRANCE
HON. ALPHONZO BELL
OP CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. BELL. Mr. Speaker, I would like
to take this occasion to commend the
city of Torrance on the completion of the
new city hall complex, the largest public
January 6, 1973
facility to be constructed in the city's
history.
The progress that Torrance has made
in its relatively brief history since incor-
poration in 1921 can well serve as a
model for similar advancement in other
cities. Torrance now boasts divisions of
major companies that manufacture
products ranging from steel, to chemi-
cals, to paints, and to oil. It also houses
so many successful brokerage and finan-
cial institutions that the city has been
dubbed the "Wall Street of the West."
As the 12th largest city in California
and the third largest in Los Angeles
County, Torrance is also a major center
for several governmental agencies.
The new civic center will accommodate
expanding county court facilities, a
county probation office, public defenders'
office, city hall complex, newly con-
structed main library facilities, a modern
police station, and two separate recre-
ational facilities.
The population of Torrance has grown
from a mere 1.800 52 years ago to a
daytime and transient population that
presently approaches 450,000. A city that
has experienced such phenomenal growth
certainly needs such a useful, multi-
purpose complex that will undoubtedly
enhance the community's further expan-
sion and development.
EXTENSIONS OF REMARKS
Fools are men who must fight.
Who think that might does make the right.
Fools — Fools !
Life itself Is too short — too sweet
To be curled and warped by the heat
Of War!
As I stand and look below
Upon the marching men, scores of thousands
of them.
I — Death — laugh !
Aye! Laugh to think of those
Who In the short time to come, wlU the
gauntlet of time have run.
Pools! Fools!
It does not matter to me
What they do in their time, for they are mine.
Mine!
Let them kill, slaughter and malm.
Let them pile up the heaps of slain.
While I— Death— laugh!
THE GREAT LAUGHTER
HON. LES ASPIN
OF WISCONSIN
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. ASPIN. Mr. Speaker, the poem I
submit today was sent to me over the
Christmas recess by Joseph V. Plucks of
Racine, Wis, Although the poem was
written many years ago, it still has rele-
vance today.
I do not need to remind my colleagues
of the events that transpired over the
recess. The peace talks failed to produce
the promised settlement, massive bomb-
ing was resumed, many more lives were
lost on both sides of the conflict in South-
east Asia. Mr. Speaker, I believe that Mr.
Plucks' poem about the ultimate victor
in any war is particularly timely, and I
enter it in the Record at this point:
The Great Laughteb
(By Joseph V. Plucks)
1 am Death! Men great and small
I take them all, and cover with the pall
Of Death!
While men, weak and puny, do fight
For what they hold Is dear and right
I — Death — laugh !
Some time ago, men did fight
But they were fools.
Did they not know they were but tools
Of man's Insatiable greed?
The greed which turns man Into a raving
beast
And does not end until the least Is satisfied!
I am Death! Commander-in-chief!
My aides stand about me, they are the dead,
Don't you see, of the last World war.
My legions are many — my /orce Is strong.
I can do no wrong. ''
For I am Death!
SALARY COMMISSION
HON. JOHN J. RHODES
OF ARIZONA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. RHODES. Mr. Speaker, we all hear
a great deal of criticism about Congress,
its actions and the complicated proce-
dures it follows. Of course, many of these
criticisms are simply the arguments of
unplacable dissenters, but the unfortu-
nate fact Is that there are some very
legitimate criticisms which can be leveled
against the operations of Congress.
An example of what I mean has re-
sulted from the Federal Salary Act of
1967. This act established the Commis-
sion on Executive, Legislative, and Judi-
cial Salaries. The duty of the Commis-
sion is to review and study the salary
needs of the Members of Congress, the
Federal judiciary, and top personnel in
the executive branch and then, after
proper deliberation, the Commission has
an obligation to recommend such salary
adjustments as they deem proper. Under
the existing law, these salary recommen-
dations are then transmitted to the Con-
gress by the President in his budget mes-
sage every fourth year.
Once these recommendations are sent
to Congress we find justiflcatlon for criti-
cism. That is because the Commission's
salary proposals automatically go Into
effect within 30 days after they are re-
ferred to Congress, unless one of the
Houses of Congress passes a resolution
disapproving the salary proposal. The
flaw In this existing law Is that there is
no procedure whereby such a resolution
of disapproval may be forced to a vote.
This leaves us with a situation that can
best be described by referring to the flrst
instance when the law was put into oper-
ation. That was January 1969. salary In-
creases had been recommended by the
Salary Commission and sent to Congress.
Resolutions of disapproval were Intro-
duced in the House of Representatives,
but no action was taken on them, and
there was no parliamentary means to
compel action to be taken. All of us here
know how simple it Is to tie up resolu-
tions of disapproval in committee until
445
the statutory 30-day period has elapsed.
Such a delay was used and the pay raises
went into effect with Congress having
taken no public position on this impor-
tant matter.
Quite obviously the current law pro-
vides an effective way for Congress to
avoid the embarrassing prospect of vot-
ing itself a pay increase. However, these
salaries are a congressional responsi-
bility, and any adjustment increasing
them can serve as an important pattern-
setter throughout the economy. Because
of this it is inimical to the best interests
of the country for Congress to hide be-
hind procedural formalities to keep from
taking a public position.
Another salary recommendation from
the Commission on Executive. Legisla-
tive, and Judicial Salaries is due shortly.
It is therefore important that our cur-
rent procedures be modified to avoid a
repetition of the 1969 abdication of con-
gressional responsibility.
For this reason I am introducing today
a bill to amend the Federal Salary Act.
My amendment would effectively force
Congress to take a public position on such
pay increases.
Under my bill the committee assigned
to consider any resolution disapproving
the salary increases has 10 days to act.
If it does not act, the resolution auto-
matically becomes a motion of high privi-
lege by any Member in favor of the res-
olution so that he may move to discharge
it from the committee. If. however the
committee does report the resolution
within the 10-day period, tlie resolution
then becomes a motion of high privilege
on the part of any Member of Congress
to move to proceed to consideration of
the resolution.
So, the actual effect of the bill is to
cut around all the delay that can pres-
ently be used to prevent a vote. Thus,
my bill enhances the prospects that the
voters will know how Congress votes on
its own salary increases.
I think this bill is an important ele-
ment of congressional reform. It makes
Congress more open in its actions, and
more accountable for them.
It is a pleasure for me to say that 32
Members are joining me in the introduc-
tion of this bill. They are: Jim Collins.
Texas; Wiley Mayne. Iowa; Glenn Davis
Wisconsin: LaMar Baker. Tennessee:
Barber Conable, New York; Vernon
Thomson, Wisconsin: C.'^ldwell Butler,
Virginia: KEi'rHSEBELius. Kansas; Rich-
ard Shoup, Montana; Louis Wyman. New
Hampshire; Bill Archer, Texas; Robert
HUBER, Michigan; William Steiger, Wis-
consin; James Cleveland, New Hamp-
shire; Burt Talcott. Cahfomla; John
Ware, Pennsylvania; Bob Michel, Il-
linois; Joel Pritch.ard, Washington;
W. M. Ketchum, California, William
Scherle, Iowa; Sam Steicer, Arizona;
WiLMER Mizell, North Carolina: Silvio
CoNTE, Massachusetts; John Conlan,
Arizona; Clarence Miller. Ohio; James
Broyhill, North Carolina; Paul Cronin,
Massachusetts; J. Kenneth Robinson,
Virginia: John Anderson, Illinois; C. W,
(Bill) Young, Florida; Jack Kemp, New
York; Paul Findley, Illinois,
44)
LpCAL CONTROL OVER FIRE
REGULATIONS
l>
eml ler
Iocs 1
HON. DON EDWARDS
OF CALIFORNIA
THE HOUSE OF REPRESENTATIVES
Saturday. January 6, 1973
EDWARDS of California. Mr.
r, I am sure that each of you was
blocked as I was by the occurrence
^0 tragic fires in high rise buildings
qonsecutive days in New Orleans, La.,
Atlanta. Ga. As I read the news ac-
and editorials, I began to feel
and more strongly that the issue
ire safety in high rise buildings,
affects thousands of my own con-
,s in the San Francisco Bay area,
ry much a national concern,
the fire prevention and protection
s feasible for use in high rise
s, the one generally recognized
recommended is the installation of
ajutomatic sprinkler system during the
of the buildng. According
recent editorial by KNTV of San
Calif., however, the Department of
and Urban Development not
excludes the use of these systems
their minimum building require-
but also prohibits their use in
constructed with the help of
funds,
lope my colleagues will find the De-
18, 1972, editorial by Bob Hos-
the talented vice president and
manager of KNTV in San Jose,
as valuable as I did: and the full
is printed below. I further urge them
me in protesting this outrageous
of the Department of Housing and
n Development,
editorial follows:
Control Over Fieb RiorrLAXiONS
control over fire regulations are not
red by law. Automatic sprinklers are
ulred by law.
a 36 hour period, earlier this week 14
lost their lives in fires In high rise
In three of the nation's larger
None of the buildings were equipped
automatic sprinkler systems that Are
ors say would have saved those 14
The question Is simple — why aren't
Ic sprinkler systems required by
The answer is not so simple.
< ase In point Is a development In the
of Oakland. The developers included
sprinklers In the building. The
department of Housing and Urban De-
who were providing quite a bit
money for the project, found out
the sprinklers and refused to pay their
of the costs. HUD'S minimum requlre-
i do not Include sprinkler systems.
doesn't allow the developers of projects
Ing Federal monies to deviate from
minimum standards . . . even to make
better.
and even entire cities, stand
HUD money If they impose stronger
(fodes than the Government requires.
fire marshal and fire chief wui tell you
hey would like to be able to exercise
option to decide how much fire pro-
bulldlngs must have. In this area.
Fire District Chief Curtis Klrby says
building over 20 thousand square feet
5 stories high should be required to
automatic sprinkler systems. The fire
for city buildings Is now geared
property loss.
y.r
Spepke
as
of t
on
and
couiits
morp
of
whiih
stitjent
is vi
O
method
builping
and
an
construction
to a
Jose
Hou 5ing
only
fron.
men;s
builc ings
Federal
I
c
feld'
general
Call:
text
to jqin
polic y
Urb£
Tie
LO' :al
Lc4al
requ
not
In
r sqi.
persons
build Ings
cltlesj
with
Inves^lgat
lives
autoitiat
law?
A
city
autoijiatlc
U.S
velop^ent
of
abou'
share
ment
HUX>
Invol
their
them
Developers,
to lo^e
fire
Every
that
a 1
tectloh
Centrpl
every
or ov^r
have
protedtlon
to avc Id
I
EXTENSIONS OF REMARKS
We at Channel 11 feel we must adjust our
priorities and gear our flre protection to
save Irreplaceable lives. We urge all citizens
to approach city councils and county boards
of supervisors to write letters to congress-
men and urge them to pressure the Depart*
ment of Housing and Urban Development to
ammend Its fire safety regulations, giving
local flre officials the option to enforce strict-
er fire protection regulations. Local flre
chiefs say IX they get to decide on stricter
flre regulations they'll get tough.
January 6, 1973
QUEENS OFFICIALS PROTEST
AGAINST THE WAR
HON. BENJAMIN S. ROSENTHAL
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. ROSENTHAL. Mr. Speaker, on
January 2 the Honorable Donald R.
Manes, president of the Borough of
Queens, and a delegation of my constitu-
ents came to Washington to present you
with a petition signed by the elected ofQ-
cials of Queens County, which called on
the Democratic caucus to pledge to cut
off funds for the war. I am pleased that
the caucus responded aflBrmatively to this
petition and the pleas of others. At this
time, I would like to place in the Record
the text of the petition and a list of the
signers:
Statement of Democratic Party's Officials
OP QtrEENS County. New York, on Viet-
nam
It has become apparent that the American
people have been deceived once again as to
the possibility of peace In Indo-Chlna.
We, the elected officials of Queens County
are appalled by President Nixon's renewal of
the bombing and the mining of Haiphong
Harbor.
It is time now that we come together In a
united effort to reaffirm the leadership of the
Democratic Party by a forthright act to end
this war.
We, the Democrats, who work at the local
level and In the highest bodies of govern-
ment, urge that you Implement the strong
position against the continuation of the
Vietnam war enunciated in the National
Democratic platform.
The people who elected us are angry and
resentful after the pre-election ploy of "an
agreement 99 per cent complete", and the
cruel and inhumane broken promise of
"POW's home by Christmas."
We ask the Democratic caucus tt denounce
the renewed bombing of North Vietnam; we
urge the caucus to pledge that legislation to
cut off funding for the war within 30 days
after enactment receive the highest priority
and support necessary for passage.
We can no longer allow the war to continue
while America's moral fiber Is irreparably
damaged and our cities die.
Donald R. Manes, Borough President of
Queens. .^
(Signed)
Councilman Matthew J. Troy, Jr., 16th CD.
Councilman Walter Ward, 17th CD.
Councilman Morton Povman, 15th CD.
Councilman Edward L. Sadowsky, 14th CD.
Councilman Arthur J. Katzmaii, 13th CD.
Councilman Thomas J. Manton, 12th CD.
Councllman-at-large Eugene Mastroplerl.
Senator Karen Bursteln. 9th S.D.
Senator Jack Bronston, 12th S.D.
Senator Emanuel R. Gold, 13th S.D.
Assemblyman Herbert A. Posner, 22nd A.D.
Assemblyman Saul Weprln, 24th A.D.
Assemblyman Leonard Price Stavlsky 26th
AD.
Assemblyman Arthur J. Cooperman 27th
AD.
Assemblyman Alan Hevesl, 28th AD.
Assemblyman Guy R. Brewer, 29th A.D.
Assemblyman Herbert J. MUler, 30th A.D.
Assemblyman Edward Abramson, 32nd A^d!
George A. McCracken, executive member
22nd A.D.
Helen Leonescu, executive member 22nd
A.D.
Seymour Sheldon, executive member, 22nd
A.D.
Gerdl E. Llpschutz, executive member, 22nd
A.D.
Mary Bassett, executive member, 23rd A.D.
Matthew J. Troy, Jr., executive member
23rd A.D.
Agnes C Hayes, executive member, 23rd
A.D.
Rita Green, executive member, 24th A.D.
Ralph Sherman, executive member, 24th
A.D.
Honey Miller, executive member, 24th A.D.
John J. Donohue, executive member, 25th
A.D.
Adrlenne C. Braunstein, executive member
25th A.D.
William Frledmann, executive member
26th A.D.
Julia Harrison, executive member, 26th
A.D.
Ernest K. KoUer, executive member, 26th
A.D.
Leah Gruber, executive member, 26th A.D.
Donald R. Manes, Executive Member, 27th
A.D.
Nettle Mayersohn, Executive Member, 27th
AD.
John Linkals, Executive Member, 27th A.D.
Gladys R. Borensteln, Executive Member,
27th A.D.
Sidney Strauss, Executive Member, 28th
AD.
Ann B. Schachter, Executive Member, 28th
A.D.
Morton Povman, Executive Member, 28th
AX>.
Use Metzger. Executive Member, 28th A.D.
Archie Splgner, Executive Member, 29th
A.D.
Isadora Rogers, Executive Member, 29th
AJD.
Alvln D. Mack, Executive Member, 29th
AD.
Rose Halperin, Executive Member, 29th
A.D.
Norma Keane. Executive Member, 30th
A.D.
Marvin Cohen, Executive Member, 30th
A.D.
Lillian Katz, Executive Member, 30th A.D.
Anthony Schneider, Executive Member,
31st A.D.
Isabella Brett, Executive Member, 31st A.D.
Walter Ward, Executive Member, 32nd
AD.
Roslna Zanazzl, Exectlve Member, 32nd
A.D.
Fred Wilson, Executive Member, 32nd A.D.
Eva Elsenberg, Executive Member, 32nd
A.D.
Charles O. Imperial, Executive Member,
33rd A.D.
Caroline B. Forls, Executive Member, 33rd
AX).
Eugene P. Mastroplerl, Executive Member,
33rd A.D.
Cora I. Putch, Executive Member, 33rd
AD.
Ivan Lafayette, Executive Member, 34th
AX>.
Veronica Martini, Executive Member, 34th
A.D.
Joseph Lisa, Executive Member, 34th A.D.
Norma Cirlno, Executive Member, 34th
A.D.
Terrance CKeefe, Executive Member, 35th
AJ>.
Januarij 6, 1973
Diane Chapln, Executive Member, 35th
AD.
Ralph F. DeMarco, Executive Member, 36th
A.D.
Gloria D'Amlco, Executive Member, 36th
A.D.
Denis Butler, Executive Member, 36th AX).
Mary Ann Kelly, Executive Member, 36th
A.D.
James P. Barker, Executive Member, 37th
AD.
Gertrude McDonald. Executive Member,
37th AD.
Robert E. Whelan, Executive Member, 37th
A.D.
Marie C. Stroebel, Executive Member, 37th
A.D.
Anthony Sadowskl, Executive Member,
38th AX>.
Helen T. Reld, Executive Member, 38th
A.D.
State Committeeman Norman Silverman,
22nd AD.
State Commltteewoman Florence Kaplan,
22nd A.D.
State Committeeman Irwin Rosenthal,
24th A.D.
State Commltteewoman Edith Posner,
24th A.D.
State Committeeman John Costanza, 25th
A.D.
State Commltteewoman Natalie Gordon,
25th A.D.
State Committeeman Leonard Well, 26th
AD.
State Commltteewoman Claire Waxelbaum,
26th A.D.
State Committeeman Abbott Dlcksteen,
27th A.D.
State Commltteewoman Patricia Israel,
28th AD.
State Committeeman Irwin Cohen, 28th
A.D.
State Commltteewoman Cynthia Jenkins,
29th AD.
State Committeeman Elmer Schwartz, 30th
AD.
State Commltteewoman Ethel Wershaw,
30th A.D.
State Commltteewoman Prances Bennlck,
31st AD.
State Commltteewoman Marie Tamby,
32nd A.D.
State Committeeman Celedonia Jones,
32nd A.D.
State Commltteewoman Mary D. McSorley,
33rd AD.
State Committeeman Warren J. McNally,
34th A.D.
State Commltteewoman Marie Merco-
gliano. 35th A.D.
State Committeeman George Boomgaard,
35th A.D.
State Commltteewoman Agnes V. Jennings,
35th A.D.
State Committeeman Joseph Gerrlty, 38th
AD.
TENNESSEE SCOUTS RECEIVE
HIGHEST RANK
HON. JOHN J. DUNCAN
OF TENNESSEE
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. DUNCAN. Mr. Speaker, one of the
finest organizations in this country for
young men is the Boy Scouts of America.
I know much about this organization
first-hand since my sons •were Scouts and
because I maintain an adult membership.
I am always proud of boys from my
district who achieve high goals In scout-
ing. In fact, on several occasions, I have
had the privilege of participating in cere-
EXTENSIONS OF REMARKS
monies where the rank of Eagle Scout
is bestowed on worthy recipients.
Recently, I took part in a court of
honor held at the Mascot United Metho-
dist Church which awarded the rank of
Eagle Scout to four members of troop
34. Scoutmaster Billy Holt, his assistants,
and the Holston Kiwanis Club — troop
sponsor — all are to be congratulated for
making this ceremony an unforgettable
part of the lives of these outstanding
young men.
I would like to place the names of these
new Eagle Scouts in the Congressional
Record in order to pay them tribute for
the excellance which they have attained.
The young men listed here are a great
source of pride to those of us who deeply
appreciate the contribution being made
to our State and the Nation by the Boy
Scouts of America :
FotTR New Eagu: Scotrrs
James Berry, Route 1, Mascot, Tennessee.
Randy Poust, Route 5, Knoxvllle, Termes-
see.
William McDanlels, Route 1, Mascot. Ten-
nessee.
William Taylor, Route 5. Knoxvllle, Ten-
nessee.
A PLEA TO PRESBYTERIAN
MEMBERS OF CONGRESS
HON. PAUL N. McCLOSKEY, JR.
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. McCLOSKEY. Mr. Speaker, this
morning it was my privilege, along with
other Presbyterian Members of Congress,
to be present at the National Presby-
terian Church for the traditional prayer
for the new Congress. A distinguished
group of Presbyterian leaders have joined
in the following statement which was
made at the National Church this morn-
ing:
■A Plea to Presbyterian Members of
Congress
We come before you as a group of Presby-
terian ministers and lay members of the lo-
cal Presbytery. We do not claim to represent
the whole Presbytery. We do not know how
many others share our opinions and feel our
agony.
As fellow Presbyterians we feel compelled
to plead with you to exercise your Influence
in Congress to stop the bombing of Hanoi
and Haiphong and other centers of civilian
population now and In thevfuture. We believe
the active Involvement oy6ui country in this
war should be brought io an immediate end
and our prisoners of war brought home.
We believe that such a representation Is
entirely fitting at this sacrament of the
Lord's supper. We believe in remembering
Christ m the saving power of His crucifixion
long ago but also believe that He is being
crucified afresh in Vietnam.
■While we are aware of military, political
and diplomatic reasons which might justify
this plea, we confine ourselves to the moral
aspects of our tragedy. We believe our na-
tion Is In the midst of one of the most serious
moral and spiritual crises of modem times.
The nature of the Christian Gospel and our
interpretation of the will of God for us In
these present circumstances have led us to
the following convictions:
(1) We believe the pride of our nation is
keeping us from making a reasonable and
pMDsslble end to our Involvement in the con-
447
fllct. As Christians we know that pride is the
very essence of original sin. The only remedy
for it Is a broken-hearted repentance and
reliance upon the grace of God. We, therefore,
call upon all of us to approach our personal,
civic duties In this spirit. It should enable
us to think more clearly and to act more
courageously.
(2) We believe It is morally wrong for us to
use our advanced technology to engage In
the most savage and destructive bombing in
the history of the world. We are not fighting
for the survival of our nation and cannot
claim a situation which might conceivably
Justify such action.
(3) We believe a spirit of racism is present
in our attitude toward the Vietnamese peo-
ple. We do not believe that the American
people would support such an attack upon a
small European nation. The Vietnamese ha\e
a different culture and color of skin. Racism
appears in all nations and races. It Is al-
ways contrary to the will of God.
(4) We believe that even Communists are
made in the image of God and are our fellow-
men. Some of them who are being killed are
Christians. The Christian faith Is not iden-
tical with anti-Communism. The obligations
of love and mercy are to be extended to afl
men in the spirit of Christ who prayed when
He was being crucified, "Father forgive them
for they know not what they do."
(5) We believe this war and other lac-
tors in our society and in our common hu-
man nature have combined to create an In-
sensltivlty to the noblest humanitarian
values in our history. They must be recov-
ered. If this moral erosion continues, we will
not deserve to be regarded as among the de-
fenders of the most precious qualities of life
which are the true signs of national great-
ness.
(6) Finally, we believe In the sovereignty
and Justice of God. Thomas Jefferson In his
"Notes on Virginia" in reference to slavery
said. "Indeed. I tremble for my country when
I reflect that God Is Just: that His Justice
cannot sleep forever."
It is because we tremble for our country
today that we respectfully present our pray-
er for your consideration.
May God help you and have mercy upon us
all. Amen.
ministers
Richard W. Bllce, Jr.
Orvllle E. Chadsey.
Charles L. Cureton III.
Lincoln S. Drlng, Jr.
George M. Docherty.
Warner DuBose, Jr.
Paul T. Eckel.
James C. Fahl.
Karl W. Glllmelster.
Arthur R. Hall.
Albert G. Harris.
Joseph G. Holt.
Gerald W. Hopkins.
Harold L. Hunt.
Walter Hunting.
CecU M. Jlvlden, Jr.
Carroll Kann.
LeRoy G. Kerney.
Richard J. LeForge.
Robert I. Long HI.
James G. Macdonell.
John G. Marvin.
Jack E. McClendon.
Stephen P. McCutchan.
David W. McKee.
Wlllard C. Mellln. Jr.
Herbert Meza.
David M. Mllboum.
Larry C Miles.
Edgar W. Mills, Jr. |
Filbert L. Moore, Jr. |
A. Thomas Murphy.
John L. Pharr, Sr.
Garj' G. Pinder.
Carl R. Prltchett.
Bruce L. Robertson.
John M. Salmon.
448
William R. Sengel.
Robert W. Simpson.
Russell C. Stroup.
Julius E. Scheldel. Jr.
William J Tatum.
J. Marvin Taylor.
William E. Thompson.
Tom L. Toroslan.
T. Dennis Walker.
Dewey D. Wallace, Jr.
Laurean H. Warner, Jr.
Antonio R. Welty.
Edward A. White.
Robert I. White.
John R. Wilcox.
George H. Yount.
LAY PEOPLE
Mr. and Mr. Richard Anders.
James A. Barker.
Lucia Barley.
Mr, and Mrs. E Martin Blendermann.
Richard A. Carpenter.
Mr and Mrs J. Ralph Davis.
Dr and Mrs. Warren Evans.
Mrs Caleb Hathaway.
Madeline Jacobs.
Sandy Jivlden.
Elsie Karo.
Dr. and Mrs. David Lean.
Joan Macdonell.
Eric Paul Macdonell.
Dr. and Mrs. Robert Mecklenburg.
Virginia Kelley MUls.
Patricia A. Milone.
Avis Moussavi.
Sharon P. McKee.
Carol Ann Finder.
Anna M Prltchett.
Dr. and Mrs. Richard Reese.
Dr. McDonald Rimple.
Dorothy Sanazaro.
Roy Sewall.
Claire Sewall.
Mary Lee Tatum.
Peggy Toroslan.
Mr. and Mrs. Enoch J. Vann.
Suzanne Walker.
Marlon Wallace.
Mr. and Mrs. Donald F. Webster.
Raquel Welty.
Louise White.
Virginia White.
OVERSPENDING MUST BE
CURTAILED
HON. E de la GARZA
OF TEXAS
IN THE' HOUSE OF REPRESENTATIVES
Saturday. Januani 6, 1973
Mr. DE L.\ GARZA. Mr. Speaker, rarely
if ever has there been more concern in
Congress — and. I think, among the
American people generally — about the
e.\pend inures o:" the Feirra' Government.
In the last 4 years, the United States
has added $74 billion to the deficit.
President Nixon has announced his in-
tention of holding spending to S250 bil-
lion during the present fl.scal year, but
even if that aim is realized, another defi-
cit of $15 to $25 billion is in prospect for
next year.
Federal spending, to be blunt about
the matter, has gone out of control. It is
:iigh time that control be reestablished.
I believe that this can be most effec-
tively accomplished through a constitu-
tional amendment providing that appro-
priations shall not exceed revenues of the
United States, except In time of war or
national emergency.
EXTENSIONS OF REMARKS
I am accordingly introducing a joint
resolution proposing such an amend-
ment.
The amendment is simple and direct.
Under its provisions, as soon as practi-
cable after the end of each calendar year,
the President would determine and pro-
claim the estimated total revenues of the
United States, exclusive of borrowed
funds, for the succeeding fiscal year. The
estimate would be revised at least quar-
terly.
ITiis proposed constitutional amend-
ment would bar the Congress from au-
thorizing the withdrawal of any funds
from the U.S. Treasury in excess of the
total amoimt of revenues for that fiscal
year. The only exception would be if each
House of Congress, by a two-thirds vote
of its membership, suspended its applica-
tion during war or a grave national emer-
gency.
Mr. Speaker, submission of this
amendment would give the people of the
United States an opportunity to decide
whether they want realistic control exer-
cised over Federal spending. It is their
money that is at stake — and the future
of their country, and ours, is also at
stake, for continued heavy Federal defi-
cits can lead only to a ruinous situation.
I ask the support of my colleagues for
the resolution proposing a spending-con-
trol amendment to the U.S. Constitution.
January 6, 1973
A RETURN TO REASON
HON. L. A. (SKIP) BAFALIS
OF FLORIDA
IN THE HOUSE OF REPRESENTATIVES
j Saturday, January 6, 1973
Mr. BAFALIS. Mr. Speaker. 19 years
ago the Supreme Court of the United
States decreed that segregation of the
public schools of this Nation was an un-
constitutional pi-actice. That decision
firmly established freedom of choice for
all Americans.
In recent years, however, the Federal
courts and certain departments of the
Federal Government have pushed dan-
gerously beyond (he 1954 decision and
developed a stransie doctrine of compul-
sory integration, a doctrine as uncon-
scionable as that which it replaced.
If it is wrong to deny admission to pub-
lic schools because of race, it is equally
wrong to compel admission because of
race or to bus pupils far outside their
neighborhoods simply to create arbitrary
and artificial racial proportions.
The Congress of the United States It-
self recognized the danger of "reverse
segregation" — that Is, mandatory Inte-
gration— in its passage of the 1964 Civil
Rights Act. when it forbade, in extremely
clear language, the assignment and bus-
ing of pupils on the basis of race. Quot-
ing from this bill which is now public
law :
Desegregation means the assignment of
students to public schoola and within such
schools without regard to their race, color,
religion or national origin, but desegregation
shall not mean the assignment of students
to public schools In order to overcome racial
imbalance.
• • • nothing herein shall empower any
official or court of the United States to Issue
any order seeking to achieve a racial balance
In any school by requiring the transportation
of pupils or students from one school to an-
other or one school district to another in
order to achieve such racial balance.
Nevertheless, the Supreme Court of the
United States and the Department of
Health, Education, and Welfare have
willfully disregarded this expression of
what is lawful, just and — more impor-
tant— democratically believed to be the
correct stance for public education.
It should be obvious to all that the
Supreme Court in years past has been
unwilling to respect the traditional
American belief that our Government Is
of, by. and for the people. Instead, the
courts seemingly are embarked on a
course which allows them to act as a
second legislative branch of the Federal
Government one superior to the Con-
gress and, tragically, unrestrained by the
will of the people.
In addition, HEIf/ appears to be dedi-
cated to the proposition that arbitrary
and bureaucratic determination of racial
quotas in public education is desirable
regardless of facts and feelings to the
contrary.
Such oflBcial mischief will not be toler-
ated by the American people. In a straw
vote at the polls in my home State of
Florida last March, the people recorded
their support of a constitutional amend-
ment to prohibit forced busing by a 3-to-
1 margin. On the issue of equal educa-
tional opportunities, the vote was nearly
4 to 1 in favor, thus demonstrating that
Floridians, despite conjecture by some,
are genuinely concerned about the qual-
ity of education received by all school-
children. Obviously, these people are
simply calling for an end to the forced
busing which has brought so much dis-
ruption into the lives of their children.
Because statutory action — that is.
law — has very little restraining influence
on the Federal Government, and because
the folk wisdom of our people is so dif-
ficult for the same Government to com-
prehend, It is necessary to put into mo-
tion the complicated but sovereign ma-
chinery of constitutional reform.
Therefore, today I am introducing a
constitutional amendment which, in 35
words, guarantees freedom of choice for
all Americans and compels government
at all levels to abandon racially inspired
schemes for assignment and busing of
pupils. The amendment reads:
The right of citizens to attend the public
schools of their choice shall not be abridged
or denied by the United States or by any
State on account of race, color, religion or
national origin.
Unless reason triumphs in public edu-
cation. I sincerely believe our Nation
may be irreversibly damaged — its citi-
zens, of all races, left without faith in
their Government's ability to restrain it-
self.
I. therefore, urge Congress to expedi-
tiously consider this crucial legislation.
America, having purged its soul of an
older racism, must not allow the rise of
a newer racism.
Januanj 6, 1973
BARBARA JORDAN
HON. J. J. PICKLE
OF TEXAS
IN THE HOUSE OP REPRESENTATIVES
Saturday, January 6, 1973
Mr. PICKLE. Mr. Speaker, I have just
returned from a reception in honor of
Representative Barbara Jordan, a new-
Representative from Texas. This recep-
tion was full with people from Houston,
who have supported Ms. Jordan often,
and with some of the real big names of
Congress and the media. Such a recep-
tion can only be a tribute to past works
and future expectations for a truly re-
markable woman from Houston.
I assure this body that Ms. Jordan will
make her mark. In order to dispel any-
one's doubts about the validity of my be-
liefs. I ask that an article about Ms. Jor-
dan from the Washington Post's Sunday,
October 22. 1972. edition be reprinted in
the Record.
Barbara Jordan
(By Molly Ivlns)
Houston. — Forget the plnk-curtains-ln-
the-bedroom bit, the favorite recipes and the
touching vignettes. Barbara Jordan has a per-
sonality like slate rock. She's as cozy as a pile
driver, though considerably more impressive.
"Can't you Just see it?" remarked one of
her colleagues in the Texas Senate with an-
ticipatory glee. "Barbara will go up thj
to Wa.shington and all those white, EMiiern
liberals will try to gush all over her. :iooha!
Over Barbara!"
Anyone who tries to dump butte^n Bar-
bara Jordan gets a dead, cold steel ^tare like
a slap alongside the head from Joe Frazier.
Once when she was in the hospital, the Sen-
ate Ladles ( wives of state senators — popularly
considered a fusty bunch of old prudes) sent
her flowers. They never received any thanks
by word or note. Jordan has no social chit-
chat, she is not given to greeting peonle in
passing. She speaks only if she has something
she wants to say, never simply to be polite.
She is occasionally droll, but her humor
tends to the satiric.
Jordan has been a First and an Only for so
long that the words seem like part of her
name to Texas newspaper readers. She was
the only woman In her law school class; the
first and only woman ever elected to the
Texas Senate! the first black in the Senate
since 1882: first woman, first black ever to
serve as president pro tem of the Senate;
first black ever to serve as governor of Texas
(for a day). She decided to give up her seat
In the state senate to run for Congress and
will face a weak Republican opponent in a
section that is 42 per cent black, nearly 15
per cent Mexican-American and 70 per cent
Democratic.
She has immense dignity, composure and
a deliberate manner. No one can recall any-
time, ever, when she was not In perfect
control of herself. The day her father had a
stroke in the middle of her governor-for-a-
day ceremonies, she was kept informed of his
deteriorating condition throughout the dav
but never gave any sign of being under
strain. He died the next day. Perfectlv com-
posed at his funeral, she even told a friend
she thought that, in a way. It was beautiful
he had died like that.
Even her size Is part of her Impresslve-
ness: she seems not fat but big. (She is 5
feet 8 but never weighs herself.) And she
has a notorious habit of knowing more about
what she is talking about than anyone else.
"Doing her homework is practically a re-
ligious obsession with Barbara," said a Hou-
CXIX 29— Part 1
EXTENSIONS OF REMARKS
ston reporter who has followed her career.
One of her eternal dicta, delivered at every
high school assembly, church gathering or
civic club meeting she has ever addressed,
goes, "There Is no obstable in the path of
young people who are poor or members of
minority groups that hard work and tho-
rough preparation cannot cure." Another is,
"Do not <^11 lor black power or green power.
Call for brain power."
Before Jordan went to the Texas Senate In
1967, she studied the rules, one of the most
arcane sets of parliamentary procedure on
earth. On her first day. she knew the rules
better than many senators who had been
there for decades.
The "thang." as Texans say, about Jordan
is that she has always been the way she is.
Barbara Charline Jordan, 36, was born and
raised in Houston's Fifth Ward, a typical
black Southern low-income neighborhood.
Her daddy was the Rev. B. M. Jordan, a
Baptist preacher who supported his family by
working as a warehouse clerk. Barbara was
the youngest of three girls in the family.
"We were poor." she recalls, "but so was
everyone aroiuid us, so we did not notice It.
We were never hungry and we always had a
place to stay."
Trying to analyze her own self-control,
Jordan remembers, "My father was a strict
disciplinarian and I always had to keep the
lid on, no matter how angry I got. It did not
have to do with his being a minister: it was
my respect for him as a person. I had great
respect. It was unthinkable to have a hot
exchange of words with him, for me or my
mother or any of us. So one does develop
quite a bit of control that way. I suppose
the kids now would say that was not good."
Jordan was always a stralght-A student,
or nearly so.
"I would bring home five As and one B."
she said. "And my father would say, 'Why
do you have a B?' "
"I always wanted to be something un-
usual." said Jordan. "I never wanted to be
run-of-the-mill. For a while I thought about
becoming a pharmacist, but then I thought,
whoever heard of an outstanding phar-
macist?"
Jordan decided to become a lawyer In the
10th grade when Edith Sampson, a black
lawyer from Chicago, later a Judge, came to
address the Phyllis Wheatley High School
Career Day assembly.
Jordan confided her ambition to A. C.
Herald Jr., now principal at Wheatley and
then her homeroom teacher.
"I encouraged her. ' Herald said, "and then
one day her father came to see me. He said,
T understand you have been interfering in
my family, encouraging my daughter to be-
come a lawyer. That is no place for a girl. I
will thank you to stop." I asked her after-
ward, 'What are you going to do now. baby?'
She told me. 'I am big and black and fat and
ugly and I will never have a man problem.
The only way I will ever get to college will
be if my father pays for It. So I will do ex-
actly what he tells me until I am 21 years
old and then I will do what I damn well
please.'
"I think Barbara accepted 98 per cent of
what her father taught her. btit that 2 per
cent rebellion made her a stronger person.
It takes strength of character to rebel, too."
Jordan recalls the story differently. "It was
my mother who was against my being a
lawyer." she said. "She thought it was not
the right thing for a girl. My father said I
should do whatever I thought I could."
Prom Wheatley. Jordan went to all-black
Texas Southern University in Houston. She
lost her first election there — for freshman
class president — to Andrew Jefferson, now a
Houston Judge.
"She claims I stole that election to this
day," laughed Jefferson. "All I can say is
that I think she Is one of the most brilliant
449
lawyer, politicians I have ever seen, black or
white. She was a great orator, even in high
school. And she was a champion debater at
T.S.U. We won all the prizes then, every
year Barbara was on the team and we even
debated Harvard. T.S.U. has never had a
team. We won all the prizes that good since
and Barbara tells the debate coach that aU
the time."
Jordan's father put her through T.S.U. —
she graduated magna cum laude — and then
through Boston University law school.
"There were no scholarships or fellowships
available in those days," says her chUdhood
friend, Mary York. "I really don't know how
he did It. I think for law school especially. It
was very hard for them."
Jordan's practice Is general civil w<){^,
largely probate and dbmestlc relations. Sni»
ran unsuccessfully for the House of Repfe^
sentatlves in 1962 and again In 1964. Dneat
fazed her not one whit. "I Just thougliin had
rim a very good race, and next tlm^/I would
probably win," she said.
In '66, she ran again, this^ime for the
Texas Senate, and won. She first won a two-
year term and then, without opposition, was
relected to a four-year term. And that was
the beginning of the Jordan political legends.
Jordan's major committee, of which she
Is chairman. Is Labor and Management Re-
lations and her best work has been in this
field. She was Instrumental in getting the
state's first minimum wage passed In 1969.
She Is also a specialist In the field of work-
man's compensation.
Her other priority area Is urban affairs. She
carries the bill to establish a state depart-
ment of community affairs and has also done
work in the field of Intergovernmental con-
tracting as It affects cities.
Her self-confidence is regarded by some as
overweening ego. Her absolute reserve and
dignity is considered evidence of lack of hu-
mor. She runs her committees like a marti-
net: the meetings start on time, bills are pre-
sented, witnesses heard, discussion is to the
point, there is no fooling around, vote and
adjourn.
There are endless tales of Jordan's coldness,
vanity, or rudeness. Most of them stem from
her distinct style. Texas politics Is a slap-on-
the-back, good-ole-boys together kind of
process. A woman and a black, Jordan was
never going to be accepted as "one of the
boys." Instead, by sheer force of personality
and incredible competence, she got herself
recognized as a senator. Almost no one in the
Capitol loves ^er. Some like her. some fear
her, but every&H^ respects her. Her prag-
matism has won her liberal enemies.
State Rep. Curtis" Graves, whom she de-
feated in this spring's Democratic primary
with a handy 80 per cent of the vote, has
openly accused her of seUlng out. Everybody,
but everybody in Texas politics. Including her
fan Lyndon Johnson, now shows up at din-
ners honoring Jordan. The fat cats and the
lobbyists come, and to Texas liberals, eter-
nally out, such appearances signal the cor-
riiptlon of one of theirs. Conventional wis-
dom around Austin holds that Jordan had to
"deal" In order to get her congressional dis-
trict. She denies It. When Jordan denies
something, in her weighty, absolute fashion,
even the most persistent reporter doesn't feel
like bringing It up again.
"Of course she Is very, very smart and in-
credibly competent and has good instincts,"
says a liberal state senator who speaks of Jor-
dan with deep regret. "Maybe'lt goes back to
the old tale of the talents. God gave Barbara
so many talents. I expected more of her.
"Several times, lust In this last session. I
got to the point where I didn't want to go to
her for nothin'. It was like going to a member
of the Establishment. She'd listen to me,
she'd smile and pat me on the back and tell
me it was too far out. I'd carry a bill on some
problem, a strong bill. Barbara would carry
430
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s
V
X.)
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sihe
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n
s^e
to
A
I
g
h
bding
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Ai raid
cr
gcod
■Ee
pot
^1
i
too. bat It would be weak. And It would
through. The trouble with passing a weak
1 Is that you won't get another crack at
t|-engthenlng It for 25-30 years. Whereas, If
u just hold firm, you'll get a tough one
rough this session or next. It was so great
r the Establishment to have her on their
Whenever we tried to do anything,
,• could say. 'But Barbara doesn't think It
( eds to be that strong and if Barbara doesn't
ink so . . .'
I'm waiting to see the good things I know
s capable of doing now that she's going
Congress. But the truth Is, I'm afraid.
she was seduced. I think Barbara fell
the In stuff. Having Barnes say all the
things about her and Lyndon putting
arm around her, getting the big honors,
close to power,' everybody flattering
Maybe I'm wrong. I hope so. She's got
! than most politicians to keep her on
right track. She's got the color of her
n."
Despite the persistent "sell-out" charge,
has never been noticeably over-awed by
At the Democratic Convention in Chl-
In 1968, Jordan was the first, and for
while only, person in the 104-member
delegation to refuse to vote for John
as a favorite-son candidate. She
later Joined by four other delegates.
[n 1970, Gov. Preston Smith wanted her
serve as secretary of the state convention,
also wanted Ben Ramsey, a conservative
0 was Identified with segregationist and
1 labor legislation In the 1950s, as chair-
of the convention. Jordan told the gov-
she wouldn't serve as secretary under
She served as secretary, Ramsey
n't serve as chairman,
n Houston. Jordan still works out of her
-floor office in a little building on
Avenue in the heart of the Fifth Ward.
th a salary of only $4,800 a year, she has
be a working lawyer. There's a print shop
with a sign on the door that
"Knock & Holler." Upstairs, there is
carpeting, air-conditioning and plne-pan-
walls. but the place is not plush. Old
ies of "Ebony" are neatly stacked on an
y-motel coffee table. "There are color
OS of JFK and LBJ on the walls,
he Is busy, very busy, but always calm
almost always deadly serious. She wears
rings or other Jewelry, only a tiny wrlst-
ch. Getting her to talk about anything
politics is not easy. Does she like to
? No. Her favorite dish? "Whatever my
her prepares for supper at night," she
lighting up a filter king.
ordan lives with her mother at 4910
not far from her office. The nelgh-
is poor. Their house stands out only
It Is painted hot pink. She invited
mother to move to Washington with her.
her mother prefers to stay In Houston.
she has no interest in decorating, but does
good clothes and will spend some time
pplng for them. She wears no make up,
gets hler hair done. Fun Is getting to-
her with friends to sing. She also reads
pleasure— mostly political histories. She
icularly likes biographies of Presidents
remains fascinated by Kennedy. Which
iptly leads back Into a political dlscus-
wlth Jordan defending Lyndon Johnson.
spite what some of my friends say, and
n-. aware of his mistakes, I believe he was
Kreat President."
harlotte Phelan. a Houston Post reporter.
Invited Jordan over for a night of
er. Jordan, a good Baptist, was obviously
r^familiar with cards
You know how most people who've never
idled a deck before will drop the cards
over and fumble around?" asked Phelan.
Barbara: She gripped each card firmly
carefully set It down In front of each
the
ski
slie
pc wer.
caso
a w
Texas
Cc nnally
wi a
to
H(
w
artt
m in
er lor
Rj msey.
dil
sei ond-
Lvpns ,
W
to
doJBvnstalrs
reids
re( ;
ell?d
CO )
ea 1
phot
SI
anl
no
wal
but
cook
m( t
reiiUes,
Jorda
Campbell,
bo -hood
be :ause
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lii^e
sr
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ge
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P
i3
Not
EXTENSIONS OF REMARKS
player. Not one of those slippery little things
was going to get out of her control."
But In a very real sense, It Is Irrelewint
to write about Jordan singing with friends.
Jordan playing poker, Jordan talking about
clothes. Mary York can say, "She is a beauti-
ful person." A. C. Herald can say. "She was
Just a big, or lovable girl." But that Is not
the Barbara Jordan most people will ever be
lucky enough to know.
For the rest of us, the best, most Impres-
sive Jordan Is seen In action on the Senate
floor. In the heart of a parliamentary thicket,
verbally browbeating some opponent, figur-
ing the odds on a certain bill, finding a way
to scrounge an extra vote, dripping contempt
on some hapless dunderhead appointed to
the Air Pollution Control Board
"I have heard your statement and It Is
full of weasel words," she sneered. Peter
Lorre couldn't have Improved on the way
she said, "weasel words."
About her future? "Where would I go after
this?" she asked sarcastically.
"The U.S. Senate? Barbara Jordan can run
statewide In Texas? A black woman can win
In Texas?" She was reminded that Sissy
Farenthold got 45 per cent of the vote In this
spring's Democratic primary.
"Sissy's white," Jordan snapped. "It does
still make a difference you know."
Jamiary 6, 1973
MSGR. CLEMENT KERN AND "THE
ECCLESIASTICAL SHAKEDOWN
SOCIETY
HON. JAMES G. O'HARA
OF MICHIGAN
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. O'HARA. Mr. Speaker, long be-
fore I ever came to this House, I came
under the influence of one of the few
truly great men I have knowTi. Father
Clement Kern, of Detroit's Holy Trinity
Parish, showed me what a young lawyer
ought to be doing with his spare time to
help those most in need. I am sure I have
not lived up to the ideal that Clement
Kern set before me and some of my con-
temporaries. But to the extent that I have
tried, it has been due to his influence and
his example.
In the January 1, 1973, issue of News-
week magazine, there appears an article
about Father Kern, or Monsignor Kern,
as he is now more properly addressed. The
article tells how "everyone from automo-
bile executives to bookies and barkeeps
can expect a twist of the arm from the
'Ecclesiastical Shakedown Society' a
small army of volunteers who help Msgr.
Clement Kern go broke each Christmas
by giving away whatever he has to the
alcoholics, drifters, and other 'imdeserv-
ing poor' who show up at Most Holy
Trinity Catholic Church, "
The article referring to poverty-
stricken Holy Tiinity Parish's economic
status, is entitled "Priest at the Bottom."
Mr. Speaker, if this saintly man who
has helped the helpless, befriended the
friendless, enriched the poor, clothed the
naked, fed the hungry, and fought the
good fight for so many years — if he is the
priest at the bottom," then the world
is truly upside down.
The Newsweek article follows:
The Priest at the Bottom
Christmas is the season when churches
have carte blanche to take from the rich and
give to the poor. In Detroit, this means that
everyo.iO from automobile-company execu-
tives to bookies and barkeeps can expect a
twist of the arm from "The Ecclesiastical
Shakedown Society." a small army of volun-
teers who help Msgr. Clement Kern go broke
each Christmas by giving away whatever he
has to the alcoholics, drifters and other
"undeserving poor " who show up at Most
Holy Trinity Catholic Church.
This Christmas was no exception. After
Mass at the church In Detroit's rundown
Corktown district, some 300 poor people
deserving and undeserving alike— were in-
vited to sit down to a meal of stuffed turkey
and baked hams, prepared and served by
Catholic nuns. A Jewish delicatessen owner
donated a 20-foot Christmas tree decorated
by his employees. And before the afternoon
was over. Monsignor Kern planned to per-
sonally dispense the last $4,000 raised this
year by the Shakedown Society.
From Skid Row to Grosse Pointe, the 65-
year-old Kern is regarded as something of a
saint. His parish is among the poorest in
Detroit, and his rectory is the last refuge
for drunks — including priests — who cant dry
out anywhere else. "I want the people that
no one else wants." says Monsignor Kern.
"The street Is a gold mine for lost souls."
Like many worthy Catholic organizations,
Monsignor Kern's Shakedown Society was
born In a pub. When regulars at the Anchor
Bar. a popular watering hole for newsmen
and politicians, heard that Kern was in fi-
nancial trouble fourteen years ago. they
decided to take up a collection for his penni-
less parish. Since that night, the ESS has
acquired considerable expertise In extracting
donations and volunteer work from both
labor and management. ""One Christmas Eve, "
recalls the graying, wispy priest, "'the former
Mrs. Henry Ford II and her two daughters
were down here at 11:30 at night helping
out delivering packages."
Within union circles. Kern is regarded as
"labor's padre" (he even owns a gleaming
white hard hat bearing that inscription)
because of the 34 schools for workingmen
that he administered before coming to Holy
Trinity as a curate nearly three decades ago.
Earlier this month, hundreds of unionists,
politicians, businessmen and Judges paid
$25 each to honor Monsignor Kern at a'
pre-Christmas dinner sponsored by Leonard
Woodcock, president of the United Auto
Workers. FYank E. Fitzsimmons, president of
the Teamsters union, and other labor digni-
taries. Kem was pleased by all the attention
but slightly embarrassed. "I wish I could be
In the back room at the Anchor Bar." he
confided, "talking to the guys."'
PICKETS
Kern's ties to labor sometimes get him In
trouble with his contributors. Once, after the
Shakedown Society persuaded a midtown
hospital to provide free medical services at
his church, Kern almost blew the deal when
he showed up outside the hospital to picket
with striking service workers. Catholic clergy-
men In Detroit were ruffled when the feisty
monsignor showed up on a picket line with
voluptuous bunnies who were picketing the
Playboy Club. Today, Father Kern admits
that he is in "deep trouble" with some mem-
bers of the Teamsters union because of
his support for Cesar Chavez, who Is
wrestling with the Teamsters in California
for the right to represent farm workers.
Despite his elevation to monsignor In 1962,
Kern has no fears that he will move up the
ecclesiastical ladder — and away from his
parish. "I suppose a younger man could do
this Job," he says, "but It really calls for a
January 6, 1973
beat-out guy like myielf." Besides, he figures.
Holy Trinity parish is the bottom of the
bar.e "A .d no priest."" he concludes, '"wants
to si-rt at the bottom."
THE WAR CONTINUES
HjN. benjamin S. ROSENTHAL
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Saturday. January 6, 1973
Mr. ROSENTHAL. Mr. Speaker, we
had all hop^d that by the time the 93d
CongvCcS conven-d the war in Indochina
would be end d. Two weeks before the
tlec'ion we were informed that "peace"
was "at hand." In 'h'^ ensuing weeks, far
from seeing the final achievement of
peace, we witnessed anew the arrogance
of power: American reescalation of the
conflict and the most brutal bombing
campaign in the history of war — all with-
out the slightest explanation to the peo-
ple or the Congress. Since the beginning
of American com':at involvment in Viet-
nam we have frequently been told that
peace was just around the corner. The
even's of the oast -0 weeks should have
made it fi:':ally clear that the only way
we shall ever be sure that peace is at
hand is for the Congress to act to end the
war,
Mv feelings at this time are the same
as those of one of my constituents who
wrote :
I have written to you over the years about
our i.ivolvement In Vietnam. I have felt
anger, frustration a.d despair. But now I
feel rage, disgust and shame.
Mr. Speaker, I have opposed appro-
priations for this war since 1967 and
have asked the courts to declare our in-
volvement unconstitutional. In the 92d
Congress I supported and voted for legis-
lation designed to cut off funds for the
war. When the President began the latest
bombing campaign I sent the following
telegram to him on behalf of myself and
16 other Members protesting his action:
It Is with a deep sense of despair that we
must once again urge you to halt immedi-
ately the resumption of United States mili-
tary activity In North Vietnam. The frus-
trations of the American people over this
continuing war and their confidence In the
integrity of government, are being strained
to the breaking point by the renewed bomb-
ing and mining by U.S. forces. The American
people and their representatives In Congress
cannot be told that "peace is at hand" two
weeks prior to the election and that full-
scale military action Is necessary two months
later. A singularly important lesson of this
tragic war Is that escalation only strengthens
the resolve of the enemy to fight on and
further entangles us In a fruitless, never-
ending quagmire.
Your election in 1968 and reelection last
November were due In large part to your
commitment to end the war. If our efforts
toward a negotiated settlement were 99^
successful, as Dr. Kissinger maintained, then
surely the return of our POWs and the sacri-
fices of all Americans Justify our adjusting
that 1'; differential.
We urge you to stop the bombing and min-
ing and to sign a settlement with the North
Vietnamese now. If you cannot or will not
get us out of Vietnam, then the Congress will
have to exercise It's obligation to do so.
EXTENSIONS OF REMARKS
In the Democratic Caucus on January
2, I voted for the resolution introduced
by Congressman Nedzi calling for a cut
off of all funds for U.S. combat opera-
tions in Indochina as soon as our pris-
oners are returned and arrangements
are made for the safe withdrawal of our
forces. In order to effectuate the will of
the caucus I have cosponsored a bill to
accomplish this purpose, introduced by
Congressman Koch. I am also preparing
a similar bill of my own which, I hope,
will be refeiTed to and immediately con-
sidered by the Committee on Foreign
Affairs of which I am a member and
chairman of its subcommittee on Europe.
The American people are frustrated
and angered over our immoral partici-
pation in the conflict and they want to
see it finished. It has poisoned our per-
soral relations wVh one another and
sourei rur poll ical dealings with other
nations. Let us finally draw together and
put an end to tliis miserable chapter in
our history. The time for peace is now.
451
MINNESOTA MORAL LEADERS AP-
PEAL FOR VIETNAM BOMBING
HALT
HON. DONALD M. FRASER
OK iVIINNESOTA
IN THE HOUSE OP REPRESENTATIVES
Saturday, January 6, 1973
Mr. FRASER. Mr. Speaker, in the flood
of mail and telegrams I recently received
opposing the intensified bombing in
Vietnam, was one signed by 11 prominent
Minnesota religious leaders. I ask per-
mission to reproduce this particular
message in the Record. These men are
not only leading the public conscience
in my State on this issue, they are also
reflecting the deeply felt views of their
constituencies on the continuing Indo-
china war.
The message follows :
Minneapolis, Minn.,
January 3, 1973.
Congressman Don Frazer,
Longworth. House Office Building,
Washington. DC:
We feel a moral obligation to appeal
urgently to our Nation's leaders to stop the
Vietnam bombing Immediately and we urge
the resumption of serious negotiations work-
ing toward a permanent peace.
LIST OF signatures
Archbishop Leo Byrne. St. Paul-Minnea-
polis Catholic Archdiocese
Dr. Alton M. Motter, Executive Director,
Minnesota Council of Churches.
Rt. Rev Philip F. McNalry, Episcopal
Bishop of Minnesota.
Rev. Wayne K. Clymer, Bishop of the
United Methodist Church of Minnesota.
Dr. Carl A. Hansen, Executive Minister,
United Church of Christ of Minnesota.
Dr. Melvln A. Hammarberg, President.
Minnesota Synod of the Lutheran Church
in America.
Rev. Harry Llchy, Associate Executive,
Presbyterian Synod of Minnesota.
Rabbi Herbert Rutman, Associate Rabbi,
Temple Israel, Minneapolis.
Rev. John Martinson, American Friends
Service Committee.
Rev. Vincent Hawklnson, Co-chairman
Clergy & Laity Concerned.
Bishop J. Elmo Agrimson, Southeastern
Minnesota District, American Lutheran
Church,
A HISTORIC MOMENT IN AUSTIN
HON. J. J. PICKLE
OF TEXAS
IN THE HOUSE OP REPRESENTATIVES
Saturday, January 6, 1973
Mr. PICKLE. Mr. Speaker, on Decem-
ber 11 and 12 of last year, a truly re-
markable and prestigious gathering was
held at the Lyndon Baines Johnson Li-
brary in Austin, Tex.
Tliese were the days of the Civil Rights
Symposium, marking the opening of the
papers dealing with civil rights of Presi-
dent Lyndon Johnson's administration
I was fortunate enough to attend the
symposium. The meeting was a meeting
of leaders — strong leaders of a good
cause.
During the 2 days, one figure domi-
nated the mood, dominated the resur-
gence of commitment to create a society
of equal opportunity.
This man was President Lyndon John-
son.
It is appropriate that the last issue of
Life of December 29, 1972, carried the
best account of those 2 days in Texas.
In his last column on the Presidency
for Life, Hugh Sidey caught superbly the
moment — its dignity and vitality,
Mr. Speaker, I include the Life article
in the Congressional Record at this
point, in order that my fellow Members
might share those days in Austin:
One More Call To Reason Together
(By Hugh Sldey)
Lyndon Johnson savors each day for its
meaning and Jnjii j^s battered heart fre-
quently sending outTl^nals of pain to let
him know that it can't keep up. In the past
year he has finally adjusted to this twilight
wcr:d. melting off about 20 pounds, carrying
a pouch full of nitroglycerin tablets and
holdL.g that restless soul of his In check.
Well, almost in check.
Several months ago, when Johnson and
his staff began planning symposiums for the
Lyndon Baines Johnson Library at the Uni-
versity of Texas, It was Johnson himself who
Insisted on a session dealing with civil rights.
So a fortnight ago they came by Jet and
auto and bus through an Ice storm to be In
Austin with "the President" again, one of
the few times In the last four years that the
men and women who carried the civil rights
banner for two decades had assembled There
were some new faces among them, but the
focus was on men like Hubert Humphrey, Roy
Wllklns, Clarence Mitchell and former Chief
Justice Earl Warren. They showed up with
more "wrinkles than they used to have,
more gray hair and a lot more discourage-
ment. From the beginning of the two-day
meeting It was plain that civil rights no
longer had a clear national leader. Nor could
anyone perceive any sympathy for the cause
in the White House.
L.B.J, put on his tan rancher's twill and
his cowboy boots and came In from the
country, sitting silently through the first
day's meetings, the fatigue growing on him.
That night he went to the reception for the
1,000 guests. The strain took Its toll. For
Johnson the rest of the night was filled with
pain and restlessness. His doctors suggested,
pleaded, ordered him to give up his Bched-
452
)
uled address the next day. He ignored them.
He put on his dark-blue presidential suit and
thoic flawlessly polished oxfords and came
back the next morning.
He didn't take a seat in the auditorium
but. with a worried Lady Bird at his side,
watched the first two hours' proceedings on
closed-circuit TV in an anteroom. Near noon
he walked slowly to the podium. In a low
but steady voice he talked eloquently for
20 minutes. "Until we overcome unequal
history, we cannot overcome unequal op-
portunity," he said. "But to be black In a
white society Is not to stand on equal and
level ground. While the races may stand side
by side, whites stand on history's mountain
and blacks stand in history's hollow. ... So
I think it's time to leave aside the legalisms
and euphemisms and eloquent evasions. It's
time we get down to the business of trying
to stand black and white on level ground."
Even In that short plea there was pnin, and
Johnson reached for one of his pills, munch-
ing in Iront of everybody. It was something
he rarely does
When he was done he acknowledged the
applause and stepped off the stage to take a
seat In the auditorium. Then squabbling
broke out among the black f.^ctions, and one
of the participants read an indictment of
Richard Nixon and his administration.
Lyndon Johnson sat for a few minutes In
the midst of it. TITCTtv^ust as if he were back
in Washington, he rrjpved. The fatigue of
the night before seetned to drop away, the
old adrenalin machine pumping back into
action. Going to the microphone, with his
hands molding the air, he delivered one of
his sermons on brotherhood and reason, fla-
•. oring it with one of those marvelous stories
about a backwoods Judge and the town
drunk, reminiscences of when he arrived in
Hoover's Washington and the bonus march-
ers were driven down Pennsylvania Avenue
"Now, what I want you to do Is go back, all
of you counsel together," he said, "that soft,
kind way. Just cool and push off wrath. In-
dulge, tolerate, and finally come out with a
program with objectives. . . . There's every-
thing right about a group saying. "Mr. Presi-
dent, we would like for you to set aside an
hour to let us talk.' and you don't need to
start off by saying he's terrible, because he
doesn't think lie's terrible. . . . While I can't
provide much go-go at this period of my
life. I can provide a lot of hope and dream
and encouragement, and I'll sell a few wormy
calves now and then and contribute."
When all that hi-.man Juice clattered out
>ver the wire, the memories began to rise,
jf the lean, youngish Lyndon Johnson in
1957 leading the United States Senate to pass
'he first Civil Rights Act in 82 years. It was
ne.ir midnlj;ht, and the tenslnn was so thlclc
you cauld slice it, but the majority leader
just stood there on the floor, calmly count-
ing his votes.
Then there were those later nights, when
LB J. was President. He would talk about
how he ceased to be Jtist a man from the
South and had become a leader for all of
America. The old tales would roll out— about
what it was to be a black and never sure as
you traveled if you could And a decent place
to eat or go to the bathroom; or how he knew
what it was like to be a Mexican-American
child in the Depresr.lon, rummaging in the
garbage cans for food.
Another nigh: : it was in New Orleans dur-
ing the 1964 campaign when Johnscn stood
on a street corner in the harsh neon glare,
white Louisiana stat« officials clustered
around him, and shouted out his message
of hope and equality to the blacks who stood
below him. And then In his 1965 civil rights
address to Congress, in the place he loved
most, among the men he liked best, he
sounded the most poignant refrain of the
time: "We shall overcome."
I
EXTENSIONS OF REMARKS
No wonder his heart Is scarred today. It
has been a long and anguished Journey, with
a long way left to go.
In the auditorium in Austin, the ovation
that followed Johnson's appeal washed away
the controversy, for a moment. People came
to the stage and crowded around him as he
tried to leave. They were all reaching for a
bit of the old magic. But nobody got so
much of it as Mr. Youngblood, a thin, aging
black who used to wait on tables in Austin's
ancient Drlsklll Hotel, where Johnson
sweated out election night returns. The
former President and the former waiter stood
there for a few seconds gripping hands, and
If any questions lingered about what Lyn-
don Johnson had tried to do for his country,
they were answered right then.
PRESIDENT HARRY S TRUMAN— IN
MEMORIAM
HON. PETER W. RODINO, JR.
OF NEW JERSET
IN THE HOUSE OP REPRESENTATIVES
Saturday. January 6, 1973
Mr. RODINO. Mr. Speaker—
I want you to succeed In whatever you
undertake. To do that you must give It all
you have. . . . Right must always prevail. Do
not let glamor get you. There are decent,
honorable people among the very rich. Just as
there are among the very poor. Honor knows
no class. . . . Remember always to keep your
balance no matter how great you may be-
come in your own time. Your Dad will never
be reckoned among the great but you can
be sure he did his level best and gave all he
had to his country.
The above counsel has been extracted
from a letter Harry Truman wrote to his
daughter, Margaret. The statement re-
veals the words of a man who hPd the
courage, the spirit, and the tenacity to
stick to his convictions, to carry forward
the strength of his decisions and to up-
hold, always, the principles of his family
code:
To do the right thing, to do the best we
could, never complain, never take advan-
tage, don't give up, don't be afraid.
Simple words — but words forceful and
dynamic in their simplicity.
President Harry Truman possessed an
infunense capacity for making up his
mind to do what had to be done. He wel-
comed and encouraged the views of
others, no matter how far they differed
from his owti initial impressions. Yet, he
never forgot that the final responsibility
for all decisions rested solely on his
shoulders. When the "buck stopped," he
answered and he acted with a full and
biting awareness of his accountaWlity to
the American people. Gen. George C.
Marshall, looking back upon the 33d
Presidency stated —
There never has been a decision made un-
der this man's Administration that has not
been made In the best interest of his coun-
try'. It is not only the courage of these deci-
sions that win live, but the Integrity of them.
Mr. Truman, himself, addressing a
crowd of workers In Grand Rapids, Mich.,
explained:
I don't want you to vote for me. I want you
to get out on election day and vote for your-
selves— for yotir Interests.
January 6, 1972
6n his return to Independence at the
close of his arduous campaign, he con-
cluded :
We have told the people the truth and the
people are with us. The people are going to
win this election.
Harry Truman remained a man of the
people. To his countrymen and to the
world, he came to symbolize the potential,
when history demands it, of the com-
mon man. Neither as a public not private
figure did he ever pretend to be anj--
thing but what he was. As a farmer, his
resourcefulness, his independent spirit,
his ability to solve the everyday prac-
tical problems served him well. As a time-
keeper, bank clerk, and bookkeeper, his
thorough and meticulous approach be-
came a most valuable resource. And, as
a Senator, his inquisitive and retentive
mind, his dedicated and conscientious
manner were known to all. Mr. Truman's
successful efforts as Chairman of the
"Special Committee To Investigate the
National Defense Program" remain as an
example for all of us in this body of the
importance of oui' ideas, programs, and
actions in directing and influencing gov-
ernmental policy and in serving the men
and women of this Nation.
Courage, compassion, concern,
strength, selflessness, honesty, and a
dedication to get the job done and to
accomplish this task the best he could—
these are the qualities Harry Truman
brought with him to serve as F. D. R.'s
Vice President and these are the qualities
with which, on April 12. 1945, less than
3 months later, he faced the American
people as their leader.
We remember well the European re-
covery program, the Truman doctrine,
the creation of NATO, the bii'th of the
U.N., the impact of the atomic bomb, the
Korean intervention, the point 4 plan.
All, when judged in the context of
their times, stand as a symbol of the
commitment of America and of the West
to the cause of freedom. Ti'uman refused
to compromise with injustice. From his
insistence that all captured Nazis be
given a fair trial, to his unprecedented
order to desegregate the Armed Forces,
Harry Truman firmly believed that —
Each man should be free to live his life as
he wishes. He should be limited only by his
responsibility to his fellow countrymen. The
only limit to an individual's achievement
should be his ability, his industry, and his
character.
Meeting with opposition in every quar-
ter, Truman recognized the State of
Israel 11 minutes after she declared Tier
independence. He told Chaim Weizman:
You more than made the most of what you
received and I admire you for it.
Harry Truman believed there was no
limit to man's ability to learn. He once
stated —
A person learns as long as he lives.
And, Harry Truman worked, ques-
tioned, studied, investigated, discovered,
and grew. In later years he loved to speak
with schoolchildren on the meaning of
democracy and was looked upon by many
of us as a kind of roving teacher.
The years I served imder his adminis-
January 6, 1973
tration as Congressman and the meet-
ings and discussions I held with Mr. Tru-
man remain most special for me. It is
not enough for us to remember and
honor his memory and to speak in elo-
quent words of his deeds and his service
to the American people and to the world.
For Harry Truman struggled to insure
that the principles and precepts of
America's ideals be preserved and carried
forward. We must, therefore, continue
this struggle and this dream for peace,
justice, and freedom for this generation
and for all generations to come.
BILL TO AMEND LAND AND CON-
SERVATION ACT OF 1965
HON. ALPHONZO BELL
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6. 1973
Mr. BELL. Mr. Speaker, today I am
introducing a bill designed to enable
State and local governments to expand
their efforts in establishing new park
facilities. The need for legislation of this
type is obvious when viewed in light of
the inability of existing parks to accom-
modate the ever-increasing number of
citizens desiring to experience the pleas-
ures of the outdoors.
The legislation I propose amends the
Land and Water Conservation Fund Act
of 1965 by providing a more equitable
distribution of Federal funds among the
various States. At the present time, 40
percent of the total available funds are
allocated equally among the 50 States,
with the remaining 60 percent being dis-
persed among the States and temtories
on the basis of need. While on the sur-
face, this method appears to be quite
valid, a closer scrutiny of this procedure
disclo-ses that the most hea'valy and
densely populated States, those with the
greatest need for park facilities, are not
truly receiving their proper share of these
funds.
Those individuals who reside in our
densely populated urban centers have
been for too long unable to enjoy the
unmatched assets of nature. The great
majority of ourdoor park facilities have
been located in those areas that are in-
accessible to the average city dweller
To help insure that this situation is im-
mediately remedied, the bill I introduce
today would redirect the flow of Federal
funds to the States largely on the basis of
proportional population and urban con-
centration. Specifically, this bill would
aUow 20 percent of the total fund to be
divided equally among the States and
permit 75 percent of the available grants
to be expended in the States and terri-
tories on the basis of overall population,
population density, and the use of the
individual State's park facilities by cit-
izens from outside that State. The re-
maining 5 percent would be made avail-
able to States to meet special and emer-
gency needs.
While this legislation would still some-
what favor the States which already have
EXTENSIONS OF REMARKS
the greatest number of park facilities,
it does move the entire program closer
toward distributing Federal dollArs on
a per capita basis. This approach is cer-
tainly more then just the formula cur-
rently in use, and it is one that will help
to guarantee that the greatest benefit
is derived from each dollar spent.
Under the existing program the aver-
age per capita apportionment for 1972
for the State of California was $0.89
compared with the per capita amount of
$6.50 received by the State of Wyoming.
This example aptly illustrates the need
for effective and prompt reform, and the
need to channel funds into those areas
where there has heretofore been insuf-
ficient assistance.
The most populated States are not only
restricted in the sum they can receive
under the requirement that 40 percent
of all funds be divided equally, but also
by the provision that limits each State's
ability to participate in the available
funds to 7 percent of the total. This
proposed legislation would increase the
ceiling from 7 to 10 percent, thereby sub-
stantially increasing the opportunity of
the heavily populated States to establish
new parks.
As was mentioned earlier, one of the
vital factors in determining the amount
of money to be distributed to each State
is the extent to which that State's parks
are used by out-of -State residents. It is
my Arm conviction that this factor is
worthy of intense consideration.
In California, for example, it is esti-
mated that on weekends 50 percent of
the State's camping facilities are occu-
pied by nonresidents. Moreover, it has
been approximated that over 20 million
tourists \asit California annually, an ex-
tremely high percentage of which utilize
State recreational and park facilities. In
addition, a good many of these tourists
visit the major urban centers within the
State often finding nowhere to camp or
being forced to tolerate the overcrowded
conditions existing at the State park fa-
cilities. The establishment of new facili-
ties in and around these urban areas
will serve the dual purpose of alleviating
the existing overcrowdedness as well as
providing areas of recreation and relaxa-
tion for the citizens of the area. It seems
quite logical, therefore, to insist that this
consideration be heavily weighed in the
evalution of which States should be re-
cipients of Federal grants.
President Nixon, in his environmental
protection message of February 8, 1972,
noted that —
The need to provide breathing space and
recreational opportunities In our major ur-
ban centers is a major concern of this Ad-
ministration.
It is my belief that the concepts em-
bodied in this bill are consistent with
the stated objectives of the President,
and with the desires of the millions of
Americans who wish to make use of this
country's most valuable possessions, its
land and water.
Mr. Speaker, I urge my colleagues to
join me in support of this legislation
and to assist in bringing about its pass-
age and enactment.
The bill follows:
453
H.R. 289
A bin to amend the Land and Water Con-
servation Fund Act of 1965, as amended
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That the
Land and Water Conservation Fund Act of
1965 (78 Stat. 897), as amended (16 U.S.C.
4601-4 et seq.). Is further amended as fol-
lows:
(a) In the first sentence of subsection 5(b),
delete paragraphs numbered (1) and (2) and
substitute the following;
"(1) 20 per centum shall be apportioned
equally among the several States;
"(2) 75 per centum shall be apportioned
on the basis of need to individual States by
the Secretary in such amounts as In his Judg-
ment win best accomplish the purposes of
this Act. The determination of need shall
Include, among other things, consideration
of population density and urban concentra-
tion within Individual States, the proportion
which the population of each State bears
to the total population of the United States,
and the use of outdoor recreation resources
of Individual States by persons from outside
the State: and
"(3) 5 per centum shall be made available
to individual States to meet special or emer-
gency needs, as determined by the Secretary."
(b) In the third sentence of subsection
5(b), delete "7" and substitute "10"; at the
end of the fifth sentence of said subsection,
change the period to a comma and add "with-
out regard to the 10 per centum limitation
to an individual State specified In this sub-
section."; and delete the last sentence of said
subsection.
(c) In subsection 5(d), delete paragraph
numbered (2) and substitute the following:
"(2) an evaluation of the present and fu-
ture demand for and supply of outdoor rec-
reation resources and facilities In the State:".
(d) After the third paragraph of subsec-
tion 5(f) of the existing law, Insert the fol-
lowing new paragraph:
"The Secretary shall annually review each
State's program to Implement the statewide
outdoor recreation plan and shall withhold
payments to any State until he Is satisfied
that the State has taken appropriate action
(1 ) toward Insuring that new recreation areas
and facilities are being located to satisfy the
highest priority of unmet demands for rec-
reation especially In and near cities, particu-
larly with respect to the resources that have
been acquired or developed with funds appor-
tioned to the State under section 5(b) (2) of
this Act; (2) to consider preservation of
small natural areas, especially near cities: (3)
to consider preservation of sclenlc areas
through the acquisition of development
rights, scenic easements, and other less-than-
fee Interests In lands or waters; and (4) to
provide for appropriate multiple use of exist-
ing public !ands, waters, and facilities, to
help satisfy unmet demands for recreation
resources."
MEMORIAL TO NICHOLAS JOSEPH
BEGICH
HON. J. HERBERT BURKE
OF FLORIDA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. BURKE of Florida. Mr. Speaker,
the tragic loss of two Members of the
92d Congress in an Alaskan storm that
enveloped their airplane, and in all prob-
ability took them forever from us, gives
me cause to rise now and point to the
454
footprints they left for us in the sands of
time.
Nick Begich was a young man of 40
with a zest for living and with maturity
that belied his years. Although he served
only one term in the U.S. Congress, he
left his mark with his efforts for the pas-
sage of the Alaskan Native land claims
legislation and his appeal for the con-
struction of the Trans-Alaska oil pipe-
line. He was a tireless, dedicated worker,
and answered 99 percent of all the House
rollcalls during his first year in office. The
future years that death deprived him of
is a loss to all mankind.
He was not a native of Alaska but cer-
tainly he earned the right to be ac-
claimed one of Alaska's most distin-
guished sons. Mrs. Burke and I had the
pleasure and the excitement of his com-
pany with his wife not too long ago in
New York. His loss seems personal to me
as I am sure it does to so many of us all.
I mourn with his wife Peggy, and with
his children, the passing of our friend
who had such great potential.
STONEY STUBBS
HON. OLIN E. TEAGUE
OF TEX.AS
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. TEAGUE of Texas. Mr. Speaker,
the December issue of Wheels published
by the Goodyear Tire & Rubber Co.,
carried an article on my good friend.
Stoney Stubbs, chief executive oflBcer of
the Frozen Food Express Co. headquar-
tered in Dallas. He is a graduate of Texas
A. & M. University, one of the finest
schools in the Southwest and this year
is serving as chairman of the American
Trucking Association.
Under leave to extend my remarks in
the Record. I include the article entitled
"Stoney Stubbs — He's From Texas."
Stoney Stubbs — He's From Texas
(By Jane Graham)
"I don't ask much of my drivers." said the
big man In the Western hat. I Just want
them to have the soul of a gypsy, but be
stable enough to head up the PTA!"
The robust laughter that accompanied the
remarK was unique, the product of a genuine
original: Stoney M. Stubbs, chairman of the
board and chief executive officer of Frozen
Food Express, ard new chairman of the Amer-
ican Trucking Ajsoclation.
Like many Texans. Stoney Stubbs Is larger
than life A farm-bred graduate of Texas
A&M, he departed from the pattern of his up-
brm2;ing by takliig his degree in accounting.
After a slight detour to fight a war In the
Pacific, he began his career as an accountant
for the Humble Oil Company, about the time
that Cy Weller. a lavitvr from San Antonio,
was founding Frozen Food Express. In Dallas.
Bitten by the trucking bug during World
War II and impressed w.th the future of
frozen foods, which were just then beginning
to appear on the market in quantity. Weller
had scraped up a few tr-'cks and trailers,
and was beginning the hard climb toward
solvency.
The company was still young when Weller
persuaded Stoney Stubbs that trucking had
it all over the oil business, and a long and
profitable rel»tlonsliip was born. It continued
J
EXTENSIONS OF REMARKS
until Just a few years ago, when Weller de-
cided to sell his share of the company to the
other officers. At that time Stubbs became
chief executive officer.
Reflecting his Individualism. Stubbs as-
serted: "I believe deeply in private enter-
prise. More than anything else, a truck-
driver has to be self-reliant. That's why, in
our particular branch of the trucking in-
dustry and In our company, we encourage
as many of our men as possible to own their
own rigs. We even help them with financing
the $23,000 or so that it takes. Then we lease
the rig and the man for a combination price.
It's a good deal all around: the man makes
more money and keeps more of what he
makes, takes better care of the equipment
and is more conscious of customer relations;
the company . saves capital Investment. We
now have about 120 drlver-rlg combinations
In^oyr fleet of over 300, and are encouraging
Ihore all the time."
There are sharp limits to Stubbs' rugged
Individualism, however. He Is adamantly op-
posed to the current trend toward de-regula-
tion in the Industry, which he feels can
only lead to Irresponsibility. "And It isn't
only shippers who will be hurt by de-regula-
tion." he said. -Reliable carriers will be
hurt, flnanclally. while customers are sorting
out the reliables from the unrellables."
Stubbs feels that one of his most Impor-
tant responsibilities as chief officer of a ma-
jor trucking line — a responsibility that will
be even greater as ATA chairman — Is mak-
ing public appearances on behalf of the
trucking Industry.
Besides de-regulatlon he speaks regularly
on three other pet subjects.
The first of these Is maintaining the in-
tegrity of the Highway Trust Fund. He points
out^ — emphatically — that not only would the
highway network deteriorate If safeguards
on this fund were relaxed, but that any use
of the fund for other purposes would be a
betrayal of the highway users who supported
It in the first place. "It's Just plain dishonest
not to live up to the original bargain,'" he
Insists.
Another concern of the ATA's new chair-
man has to do with antiquated regulations
covering sizes and weights of carriers. "Our
technology Is so advanced over what It was
when size and weight regulations were put
In that they have become not only obsolete
but almost irrelevant," he declared. "We
could put more load on the highway with
less stress on It, if they'd Just let us use the
expertise we've gained."
The third subject on which Stubbs likes
to speak out is the soundness of Investing in
motor carriers. He points to the financial
record of his own Frozen Food Express as a
good, but by no means unique, example. Or-
ganized on a shoestring in 1947. It began to
show r profit In 1950, and by 1958 was really
rolling. In 1962 It grossed $9.25 million, and
by 1971 had grovn to a $23-mlllion organi-
zation. In 1972 the ccmpany will gross some-
where between $25.5 and $26 million, and
from there on the sky's the limit.
Frozen Fbod Express is recognized by the
' ICC as the third-largest refrigerated carrier
in the United States, and the largest in Its
service arja. which comprises 23 Central.
Southwestern and Western states. Stubbs
took the company public last year, selling
about one-third ownershlo for enough to
retire $2.334..526 in long-term debt. Since last
November, when the crmpany went pubMc,
its stock has climbed steadily, from around
$15 per share at that time to — In May of this
year, as this was written — around $20 p?r
share. Not bad— up 33 ij per cent In a little
over six months!
The next step In the company's long-term
growth plan is diversification. Asked what
fields FFE plans to enter, Stubbs smiled. "I'm
not ready to tip my hand yet." he said, "but
you can bet we've got some exciting plans
ojrthe boards."
January 6, 1973
January 6, 1973
While the company's executive offices are
In Dallas, It recently completed a service
center and office buUding in the outskirts
of Lancaster, a suburb 10 miles to the south
There, In the middle of rolling farmland is
a long row of busy cubicles In which tract-
ors are serviced and traUers kept in tip-top
condition. Word has spread about the skiu
of FFE mechanics, and many other com-
panies now send their equipment to be serv-
iced at the new facility.
Frozen Food Express pioneered the "less-
than-truckload" concept among refrigerated
carriers, utilizing trailers of its own design
These trailers are equipped with movable
partitions, so that shipments can be sepa-
rated according to type and temperature re-
quirements. The Innovation has two advan-
tages: the higher rates of LTL and the crea-
tion of major new customers— small -lot ship-
pers who grow Into full-truckloaders.
The new ATA chairman is a strong advo-
cate of schools for truck drivers. He feels
that the "knight of the road" Image Is a tre-
mendous asset for the Industry, counteract-
ing to some degree the irritation felt by the
private automobile driver when he finds him-
self behind a truck on a two-lane streach of
mountain road. And he insists that the truck
driver's reputation for skUl and courtesy
must be backed up by continuing training
programs.
The man practices what he preaches — on
a large farm near Waco, with a long-aban-
doned private airfield. There, what once were
runways are now "highways" — or maybe they
should be called "how-ways"— where com-
pany Instructors take young men who have
never driven anything larger than a pickup
and turn them into skilled truck drivers.
"Trucking is a great career for a young man
of the right temperment," Stubbs declared.
"A driver can earn anywhere from $8,000 to
$18,000 a year, depending on skill and ex-
perience, and that's not bad for any field not
requiring a college education."
"And besides, it's the kind of work that's
fun for a certain type of guy. It gets into
your blood!" (As Stubbs' tanned skin wrin-
kles around his twinkling eyes, it's clear that
here Is a man who actually loves the truck-
ing business. His son and son-in-law evi-
dently share his enthusiasm, for both have
followed him into the business.)
Although there are eight milfcon people
In the trucking Industry (FPE's share of
them. Is 800), and anthough all-night disc
Jockeys like to play songs about the rolling
wheels. Stubbs doesn't believe the romance
of the Industry compares with that of rail-
roading half a century ago.
"It's a different thing," he said thought-
fully. "Today's trucker is a businessman, and
he works hard at It. He plays hard, too, but
his play Isn't connected with the Industry.
A driver doesn't talk about trucking during
his off hours. He talks about hunting, and
fishing, and maybe about the farm he's buy-
ing outside of town. It's one of the last truly
masculine professions. Yes I know there are
women In It. but the field itself Is mascu-
line. You don't find many fluttery fellows
driving trucks!"
Like most other truckers, whether they're
driving a rig or driving a desk Stoney Stubbs
Is an outdocrsman. On weekends he and his
wife Florence, their son and daughter, daugh-
ter-in-law. son-in-law and five grandchildren
gather around the huge swimming pool at
the Stubbs home In North Dallas.
He loves to fish, but most of all he loves
to hunt: his office walls are lined with
trophies, and he usually has plans afoot for
a trip to Canada. Mexico fir the Big Bend
Country of Texa=. He hrs the hearty look of
a man's man. His sunburned skin, piercing
eyes, Irjn-grey hair and authoritative hand-
shake all give the assurance that the Ameri-
can Trucking Association has a strong and
capable hand at the wheel for the coming
year!
PHYSICIAN SHORTAGE IN
RURAL AMERICA
HON. LEE H. HAMILTON
OF INDIANA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. HAMILTON. Mr. Speaker, under
the leave to extend my remarks in the
Record, I recommend to the attention
of my colleagues the following practical
advice from a doctor with much experi-
ence in trying to get doctors in rural
areas'.
The Paoli Project
(By Dr. Merrltt O. Alcorn, Madison, Ind.)
The physician shortage In niral areas Is a
very real problem that will continue to get
worse until the basic causes are understood
and corrected. There are very important rea-
sons why a maldistribution of our physicians
has occurred, and these reasons can be
understood and eliminated. It is true that
this Is a problem of health personnel short-
age rather than Just physicians but It Is also
obvious that the health team must begin
with doctors.
There are many misconceptions that have
come to be believed and have Interfered with
an understanding of the real problems. Our
young physiclaixs are accused of not want-
ing to come to the culturally deprived areas,
can make more money In the cities, or are
accused of seeking resort areas. These are
simply the wrong Impressions and the fact is
they do not come to rural communities be-
cause medicine cannot be practiced properly
in these areas. They are conscientious
enough to want to give thlr patients the best
health care that they are capable of render-
ing. Medical schools are accused of luring
students into specialities and discouraging
them from the general practice of medicine.
This is true and should be true, because with
the enormous growth of medical knowledge
it became important to practice medicine as
teams rather than as individuals.
I believe that the restriction of admissions
to medical school with the elimination of a
large number of talented applicants was a
grave mistake, and I also believe that the em-
phasis of the Federal Government on sup-
plying more and more financial aid to buy a
product in short supply Is the Incorrect ap-
proach. Adequate comp)etltion for providing
medical services would have done more to
help relieve the current problems than any-
thing else, but nevertheless, we cannot cor-
rect these problems of the past, we can help
to overcome them for the future.
THE PROBLEM
Twenty years ago, after completing a one-
year rotating Internship, I entered the Gen-
eral Practice of Medicine In a rural commu-
nity. Seven years later I left that practice In
complete frustration, even though I had en-
Joyed my work very much and though It was
the profession I had hoped for ever since
I was a boy. The principal reasons that I had
to leave this practice are the following:
1. The developing medical knowledge made
the general practice of medicine too broad.
I was doing anesthesia, orthopedics, obstet-
rics and gynecology, p>edlatrlcs, and medi-
cine. And even though I frantically tried to
take short courses in these fields the knowl-
edge grew and grew to the point that I could
not possibly do a good job of the total area.
Medicine properly practiced must be done
by a team of cooperating specialities with
one speciality being that of Family Practice
which has been narrowed down to a reason-
able area and for which a young physician
takes three years of preparation Instead of
one. '
EXTENSIONS OF REMARKS
2. Inadequate assistance. Office and per-
sonnel problems became Increasingly com-
plicated with the advent of Insurance and
governmental programs of assistance. There
were no well trained nurse-practitioners
available nor did I understand how valuable
they could have been. Assistants can only
properly be utilized with-, a group practice
where It Is feasible to have an office manager,
clerks, physician's assistants, nurse-practi-
tioners, and social workers.
3. Availability for emergencies and time
requirements Interfered with my family life,
social life and recreation, and with my de-
sire to study and develop Interests. The only
protection against this is through a group
practice which also provides protection for
the community by having emergency service
available at all times.
4. Lack of good services. Good laboratory.
X-ray and cardiograph services can best
be obtained by having a group preferably
located adjacent to the hospital and com-
bining the volume so that they can oper-
ate more efficiently. If a group practice Is
located away from the hospital these services
are available through speciality groups and
laboratory corporations from regional loca-
tions.
5. Lack of good available consultants. To
practice medicine properly, consultants In
major speclalilles need to be available for
consultation and referral of patients, and
this availability needs to be relatively easy.
This does not mean that every group prac-
tice must have all specialities, but it does
mean that more attempts should be made
to have the specialities available in rural
communities on a regional basis. Pathol-
ogists, radiologists and surgeons have de-
veloped this concept of a practice involving
several community hospitals in rural areas
and it needs to be developed further for all
specialities.
6. Lack of continuing education on a regu-
lar basis. Again, a group practice has all of
the advantages. It can have regular jour-
nal club meetings and television tape pro-
grams with planned intervals of time avail-
able to each member for refresher courses.
7. Public misconception often causes physi-
cian abuse. The public remembers the family
physician that was available day and night
when called They do not realize the changes
that have occurred and often become frus-
trated and rather bitter when the system
doesn't work as they expected It to. There Is
a need for public Involvement and public
education in these changes In the delivery
of good health services. \
THE PAOLI CLINIC \
If communities are to understand why
they are losing their physicians and what
must be done to attract physicians there are
two things that seem necessary. One Is a
good example of a modern group practice In a
rural community and the other a need for
citizen's groufjs in communities to study and
understand the problem and its solutions and
then organize a recruitment program on a co-
ordinated regional basis. To fill the first need
a cohesive group of five young physicians
in training was found and contacted con-
cerning the concept of establishing a group
practice In a rural community and providing
medical care of the same excellence as could
be provided in a metropolitan medical center.
Fortunately, this group of young men had
previously decided that this was the type of
practice they wanted. The city of Paoll was
picked because it Is a very attractive rural
location with people who are very cooperative
and interested in their health needs. Through
an unfortunate series of events, many physi-
cians left the community and a very definite
shortage existed. The hospital census, which
Is dependent on the physicians rather than
the total population. Is dramatically low and
the hospital is In danger of having to close
for financial reasons. The community under-
455
stands that for industrial and commercial
growth a total community Including good
health care services must be available, and
that the future economic life of the com-
munity Is at stake as well as the need for
the close availability of health services.
Our role was simply one of introducing the
physicians and their wives to the citizens of
Paoll. and then trying to supply as much
information and assistance as possible to help
them work out the best arrangements for a
group practice of medicine In that commun-
ity. We established a committee composed of
the local hospital administrator and a local
physician, two of the group of physicians
planning to go to Paoll, a university professor
who Is head of the nurse -practitioner pro-
gram and who has made an Indepth study of
the rural health problems, an accountant, the
executive director of the Comprehensive
Health Planning Region, and myself as chair-
man. This committee has attempted to find
resources to implement the desires of this
group in establishing their practice with the
other physicians In the community of Paoll.
It has been Important to emphasize that our
committee Is not setting up a cUnlc, but that
we simply desire to be available to help as re-
sources for this group that is establishing a
private practice. It is Important that physi-
cians who are currently doing an excellent
Job In the community of Paoll understand
that this group is not a threat, but that they
wish to become integrated into the current
health care of that community.
There are many important features that
this group of physicians have Incorporated
Into their planning. (1) One is' their plan to
design a facility that will be adjacent to and
probably connected with the hospital. In this
way. they will be immediately available to
hospital patients and will also be able to
share laboratory. X-ray and cardiograph serv-
ices. The availability of a physician for emer-
gencies is greatly enhanced by having the
offices in the Immediate proximity of the
hospital. (2) They intend to provide space
for other health agencies such as a dentist
and a pharmacy. (3) They hope to hire a
health administrator that will be responsible
for community health educational programs,
family planning programs and other pro- .
grams which the community and Its physi-
cians desire but lack the proper resources to
implement. (4) They are very carefully plan-
ning for extensive use of nurse-practltloners
in areas such as medicine, obstetrics and
pediatrics. (5) Time-motion engineers from
Purdue University that have made studies of
clinics are available to them to help In plan-
ning office management, bookkeeping and the
flow of patients. (6) Their group Is composed
of a psychiatrist and four physicians In
Family Practice and they are currently look-
ing for a surgeon to join them and perhaps
will later add an Internist and other spe-
cialities. In the mean time they will seek out
specialities in adjacent communities and
make arrangements to allow for consulta-
tions and referrals as needed. (7) There are
many potential programs of continuing edu-
cation for the group with one suggestion
■ being that each member may wish to return
to the university for one month each year,
and during that period be replaced by a resi-
dent In Family Practice. Specific programs
for continuing education will be developed
by them as their group develops and should
be coordinated with the other physicians on
the hospital medical staff.
Community help will be needed, and there
appears to be sufficient Interest to supply
this help although the exact mechanism has
not been decided upon, there Is currently a
consideration that the group form a standard
corporation for the purpose of building a fa-
cility and that the corporation Issue stock to
be purchased by the citizens of the com-
munity for raising the necessary funding.
These public shares of stock should be pur-
chased from the public by the clinic as their
cab
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piactlce becomes profitable and money Is
a\aUable to repay the conununity.
One of our disappointments has been the
iblllty to obtain funds to assign one In-
idual to this project on a full time basis
assist these young phj-sicians and the
community in getting their plans accom-
pfshed. We have submitted a grant request
the Regional Medical Program and this
St has been approved, however, it is
questionable as to whether funds will
released from Washington for use Once
many resources have been assembled and
that is needed is some assistance. It seems
[fortunate that this is not available. I be-
ve an important principle which this par-
:ular problem demonstrates is that the
ly good solution to local problems are those
fcjund by local citizens using local resources.
I also believe it is important that com-
nities faced with a physician shortage
problem recognize that their future lies in
tr own hands and not in the hands of the
Federal Government or some other agency.
This clinic group practice being established
many features that can be adopted Ui
er communities as a way of developing
right environment in a community to
attract physicians. This practice will show
regional nature of the use of services and
c(lnsultants and the necessity for adjacent
cc mmunities to forget last Friday night's
llgame and begin working together to find
solution. Our Comprehensive Health Plan-
g RegiorTTS trying to get representatives
frt>m each of the area communities together
understand the needs for recruitment and
a recruitment program. Perhaps most
rfportant is that the clinic group will dem-
that once a community has over-
the problems and has established a
fi^nctionlng group practice with a complete
for excellent health services then it Is
Is group that will be able to take care of
rultment of health personnel In the fu-
They can identify the needs and recruit
personnel as no other community agency
1 possibly do. The important feat for the
■a with declining physician population Is
break the barrier that stands between the
general prsictlce of medicine of the past and
group practice of medicine of tomorrow.
We are recommending to communities:
1. To form a single responsible committee
th broad representation for physician re-
Itment. Rely heavily on present practlc-
physicians If they will cooperate.
2. Become Informed on the changes oc-
ci rrlng In medical practice and seek the fu-
ture not the past. I believe the future prac-
e will be some type of coordinated "team"
ice. preferably, a formal group practice.
)ung physicians in training are an excellent
of Information.
3. Eliminate those members that are In-
on Criticism and complaint rather than
p^itlve action.
4. Determine the health care needs of the
1 ea and the community resources available
help attract physicians. This will include
attractive working arrangement with
other physicians, financial resources avail-
1 lie If needed, and perhaps most important
good community environment for family
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ai e
5. Find local young men and women In
training and let them know they
wanted. This often neglected resource can
ver\- valuable in providing guidance to
1 udy committees and in recruitment of
oiher young physicians.
6. Then go to medical students (may be
eral years from completion of training)
w|th a regional plan showing the need for
ysiclans. offering specific practice oppor-
nltles and presentmg an attractive com-
niunity life to these aspiring young phy-
sl clans and their spouses.
I
EXTENSIONS OF REMARKS
HUDS URBAN RENEWAL PRO-
GRAMS: HOW THEY HAVE
HELPED
January 6, 1973
HON. PETER N. KYROS
I OF MAINE
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. KYROS. Mr. Speaker, at this criti-
cal time, when many of the programs of
the Department of Housing and UrbEin
Development are under fire in certain
quarters, when funds are being im-
pounded and there is talk of moratoriums
and discontinuations, I thought it would
be useful to bring to the attention of my
colleagues some of the urban renewal
programs which have been particularly
helpful to the city of Portland, Maine.
The following news clippings tell of
new -schools, housing, and industry for
Portland. They have been selected from
many such stories which have appeared
in the last few months. I insert them so
that my colleagues might see how HUD
programs can be translated into better
education, healthier family living, more
jobs, and improved tax bases for our
cities. I hope these clippings, and the pro-
grams they describe, will be given the
consideration they deserve:
[Prom the Evening Express. Sept. 20, 1972]
Urban Renewal at Bayside Nets $47,000
More for City
(By Brian Arsenault)
Property taxes In one urban renewal area
of the city have jumped by $47,000 annually
since completion of renewal efforts there.
One of the main arguments always ad-
vanced In favor of undertaking renewal In
a city is that it will strengthen the city's tax
base.
Thomas P. Valleau, executive director of
the Portland Renewal Authority, believes
that the site in question, bounded by Prank-
im, Pearl, Oxford, and Somerset Streets,
sharply illustrates the validity of that
argument.
The city commenced renewal efforts in that
area, referred to by PRA officials as Bayside
West, In 1967 without the benefit of federal
funds. The project cost the city $580,000.
When the project began the buildings lo-
cated on the site were mostly substandard
residential ones with a high percentage of
vaaancles. most were considered, according
to the PRA. to be beyond "economic feasi-
bility" to repair.
The property was acquired by the PRA.
the buildings demolished, and the vacant
land sold.
The result was that three firms. Earl W.
Noyes and Sons, C. H. Robinson Co. and the
Semloh Co.. now occupy major new build-
ings on the site.
Before the renewal effort the city col-
lected about $9,000 annually In property
taxes from the area. As a result of the new
business operations there the city now re-
ceives $56,910 annually In property taxes
from that area.
Valleau said that the means by which the
project was financed, through the Capital
Improvements Program, coupled with the
new tax return level results In the city re-
ceiving an 8.5 per cent return annually on
Its initial Investment.
The PRA director termed the project one
of the most successful T)f its type" In the
state.
"The additional tax funds which come
from the project e£w;h year could, for ex-
ample, pay for the 2ost of educating 52 high
school students or pay for the wages of eight
policemen," Valleau said.
The project also had the distinction of
being completed for a cost well under what
was budgeted for it.
The city originally budgeted $796,000 for
the project and, as noted, it was completed
for nearly $200,000 less.
The project was geared to and successful
In stmiulating light industrial development.
If there Is a controversial aspect to it, it
Is that some Bayside residents fear that the
city has earmarked the entire area for light
mdustrial development to the exclusion of
residential development.
Many city officials feel that bringing back
Bayside as a flourishing residential area may
be impossible while others favor Industrial
development there even If residential Im-
provements are possible.
Many of the residents of Bayside, though,
despite the long decline of their neighbor-'
hood, still cling to hopes that the area will
not be abandoned completely to Industrial
uses.
They have some support In City Hall,
particularly among some Planning Depart-
ment officials who feel residential develop-
ment is possible in the area at least on a
limited basis, and this year the City Council
agreed to include in the Neighborhood De-
velopment Program a one-year effort to see
if any interest can be stirred In the private
sector for residential development there even
though most councilors feel It Is unlikely.
Maineway Plaza Described as Big Tax
Boon to City
[From the Press Herald, July, 1972)
The proposed $14 million Maineway
Plaza project should produce about $250,000
a year in property taxes for the city, devel-
oper Richard L. Herriott said Monday.
Maineway Plaza will be built in and around
the so-called "Golden Triangle" bounded by
Temple, Middle and Federal Streets.
Herriott was careful to point out that tax
payments to the city will depend on several
variables and will be subject to valuatitfn^
and rates established by public officials.
The complex will include a hotel, office
buildings, shopping levels, restaurants, park-
ing and a plaza with a variety of attractions
from summer band concerts to winter ice
skating.
Work on office, retail and plaza facilities in
the triangle area is expected to begin next
summer.
Herriott said he hopes to have news about
tenants for the project in from 90 to 120
days.
He described Maineway Plaza as "a mod-
ern mlni-cUy."
Herrioa, the president of The Herriott
Co,, Inc., of Boston, and several associates
met with city officials and downtown busi-
nessmen and bankers at a champagne lunch-
eon at the Gaslight restaurant a couple of
blocks from the project area
The triangle area would include a 12-story
office biiildlng with roof restaurant, three-
story retail building and a landscaped plaza.
Adjoining the triangle will be an office,
hotel and retail building and a parking facil-
ity for about 460 cars.
The entire protect is scheduled for com-
pletion in the summer of 1975.
To make sure the enterprise does no
visual dam.ice to its environment, the So-
ciety for the Preservation of New England
Antiquities will counsel the developers on
how the desitrn can best be related to the
hlstorl" local area.
"Obviously we recognize that other new
buildings In Portland will absorb many of-
fice and retail tenants who need modern
space." Herriott said, "but our initial studies
January 6, 1973
Indicate that these buildings cannot meet
the full need over the next live or 10 years.
••That doesn't mean we're going to sit
back and wait until the other buildings are
all filled up before looking for tenants. Were
going to undertake a strong leasing program."
Herriott said his company will establish
a subsidiary. Maineway Plaza Associates as
a legal entity for ownership of the project.
Completion for tenant space wlU come
from the Canal Plaza project, where 10-story
and four-story buildings are under construc-
tion, and from a Congress Street project in-
volving Main Savings Bank, with the Codman
Co. of Boston as developers.
WORK, EAT, SLEEP THERE
If you wanted to, you could spend all your
time in the proposed Maineway Plaza proj-
ect, according to the president of the firm
developing the project.
"You could sleep in the hotel, work in an
office, shop in the stores and relax and be
entertained in the plaza," said Richard L.
Herrloit.
"V.'e don't really expect anyone to live like
that but the fact that It could be done
demonstrates the comprehensive nature of
Maineway Plaza."
Sun Federal Plans $2 Million Building
(By Frank Sleeper)
The Sun Federal Savings and Loan Asso-
ciation announced today that it will build
a $2 million, three-story building in the $15
million Maineway Plaza project in the heart
of downtown Portland.
The building will be next to the new Casco
Bank Building. The company becomes the
first announced tenant of the project.
Phillips F. Lewis, Sun Federal president,
said The Herriott Co. will build the building,
which will total about 25,000 square feet,
near the point of the so-called Golden Tri-
angle, bounded by Middle, Federal and
Temple Streets and facing on Monument
Square.
At a press conference held on the site to-
day, Richard L. Herriott, president of The
Herriott Co., said that a national hotel chain
has shown "very strong interest" in a 120- to
150-room hotel which would be across from
the Golden Triangle on Temple Street. He
wouldn't name the chain.
A parking garage for 750 cars on the same
block as the hotel and facing on Federal
Street also is planned.
Herriott said that construction of the Sun
Federal building, the hotel and the parking
garage plus any other buildings for which
tenants have been found would start In the
spring.
Parcel No. 2 with the hotel and parking
garage, is now "about filled." Herriott said.
Still to be tenanted are a proposed 12-story
high-rise office building and another three-
to five-story building proposed for the Golden
Triangle area,
"I think our project Is going very, very
well." Herriott said. "Our beliefs about Port-
land are coming true. We are contributing
to needed development here."
Lewis pointed out that Sun Federal.
Maine's largest savings and loan association,
now doesn't have a building Identified with
It.
"This win really give us building Identity,"
he declared. "This will be a semi-free stand-
ing building and Sun Federal will occupy all
of It."
A model of the proposed project Is prob-
ably not accurate for the Sun Federal struc-
ture. Size and shape of the Sun Federal
building win depend somewhat on the ten-
ants for the other buildings In the Golden
Triangle.
Completion of the Sun Federal building
will be In mld-1975. Lewis said. By that time.
It's projected that Sun Federal's total assets
will be close to the $100 million mark.
EXTENSIONS OF REMARKS
Sun Federal's headquarters now Is at 561
Congress St. That may be retained as a
branch, its president said. However, the
branch at Monument Square will probably
be closed after its lease runs out in 1977, he
reported.
Sun Federal will work with The Architects
Collaborative of Cambridge, Mass.. on design
of its building. Its space and personnel needs
have already been identified in a survey. But
the work on the building architecture has
just begun. Lewis said.
The Sun Federal president assvmies that
the new building won't be at the exact tip
of the Golden Triangle. The tip will be part
of a mall which will extend down part of
what is Middle Street.
•'We feel the Herriott concept is good for
downtown Portland and Is a wonderful loca-
tion." Lewis said. ,
Herriott said the area might be a good loca-
tion for headquarters of national companies.
He said a company whose name he can't
divulge is now seeking 50,000 square feet of
space In the project.
Lewis said location of Maineway Plaza in
the center of Portland's financial district,
affords the best opportunity for providing
outstanding services to Sun Federal deposi-
tors and borrowers. He feels customer service
will be greatly enhanced by superior parking
and easy pedestrian access to downtown
shopping and other services.
Lewis and Herriott met at the sit* with
members of the city government, the Port-
land Renewal Authority and directors of Sun
Federal.
The proposed Herriott over-all project also
Includes shopping levels, restaurants and a
public plaza which will attract such commu-
nity activities as ice skating In the winter
and concerts during the summer.
[From the Evening Express, Aug. 9, 1972)
Ground Broken for 12 Units of Housing at
Dermot Court
(By Brian Arsenault)
There was a groundbreaking today for 12
units of housing at Dermot Court.
The units are being constructed under
the direction of Housing Opportunities Inc.,
a nonprofit housing agency established In
1969 by the Greater Portland Chamber of
Commerce to "fill the gap" In the construc-
tion of housing for low and moderate Income
families. Model Cities funding of HOI thus
far totals $289,217.
Twelve units of housing are not many for
an area of the city with an almost desperate
need for as much good quality, reasonably
priced housing It can get, but the project Is
significant for two telling but very dif-
ferent reasons.
First, the 12 units, with a mix of three, four
and five-bedrooms, are significant Just in
terms of the good housing they will appar-
ently provide for families who need It.
"Somebody," according to HOI Executive
Director William R. Frost. "In the West End
nelghborhcxxl Is going to get a hell of a
deal." (Dermot Court is located between
Brackett & Clark Streets near Gray Street.)
He may be right. The tmits will sell for
probably about $25,000. which on the face
of it would seem to put them beyond the
means of moderate Income families in the
area, and certainly low Income ones.
However, the units will be sold under the
so-called FHA 235 Program which will mean
the buyer, if his Income Is within certain
limits, will be able to purchase the homes
with a small downpayment and carry a mort-
gage on which the Interest charge can be as
low as one per cent.
Such advantages may bring the housing
within the reach of some of the area's mod-
erate income families, If not the low in-
come ones.
If Frost's prediction Is true the units, even
CXIX-
-30— Part 1
457
though there are only 12 of them, will be a
plus In Improving the housing scene in Port-
land,
The second, and probably more crucial rea-
son, why the 12-unlt project is significant, is
that It Is a reminder that providing housing
for low arid moderate Income families is still
a tough nut to crack even though two years
have passed since the time when the word
crisis was used almost daUy to describe Port-
land's housing problems.
For when the project Is completed, HOI will
have managed to build only 16 units of hous-
ing In over three years of operation with
nearly $300,000 in Model Cities funds.
HOI formerly constructed four units, also
m Dermot Court, which were supposed to be
marketed under the 235 program but because
of marketing and site problems were even-
tually turned over to the Portland Housing
Authority for use as public housing.
Frost has Indicated he's not particularly
pleased himself with the situation and was
particularly disturbed about the problems of
getting the current 12 units under construc-
tion.
"You can't believe how many bureaucrats
have been involved In getting a dozen units
constructed," Frost said. "We plan to pub-
licize our concerns about the Institutional
hassles Involved In gettmg some housing
built."
When HOI gets around to publicizing Its
concerns some good points will probably be
made about the difficulties his organization
faces and such difficulties should be openly
aired.
However, many observers can't help but
feel "we've been this way before".
Organizations like HOI were formed to try
to deal with the "Institutional hassles" Frost
referred to, and If such organizations are
finding themselves crippled by such problems
rather than cutting through them, then ser-
ious questions are raised about how much
real progress has been made In the past few
years.
Such questions are being raised nationally
and In Washington Congress is reviewing
such programs as 235 and 236, a rent subsidy-
construction subsidy program, with an eye
to reforming those programs or dumping
them in favor of new programs.
As to the nature of the 12 units under
construction, they will be conventionally
built, wood frame units with wood exteriors.
The units were originally designed to be
modular, masonry units, but cost factors
forced a change.
They will be heated electrically and accord-
ing to Frost there will be four 3 -bedroom
units, six 4-bedroom ones, and three 5-bed-
room units.
APOLLO 17
HON. OLIN E. TEAGUE
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Saturday. January 6. 1973
Mr. TEAGUE of Texas. Mr. Speaker,
a recent New York Times editorial writ-
ten just prior to the launch of the Apollo
17. states well the significance of the last
of the great lunar missions. This editorial
aptly points out that a lunar expedition
is still a breath-taking concept. It is sig-
nificant not only in the accomplishment
of flying to the Moon but in the human
and technological developments that will
serve us long after the Apollo missions
have become history.
The editorial praises our astronauts
and their exceptional skills, points to
their pioneering effort, and recognizes
c
l:,
n
0 cnpli;
«ar-
Tl-o
arr
th(
til
M
IJ
THb
IS
yea ■
un
m
458
their contribution to the future. The edi-
tqrial follows:
Apollo 17
Apollo 17 and its three brave, highly trained
as tronauts are about to begin their great ad-
v«nture. For days they will cruise through
In :erplanetary space In their artificial cocoon;
It en two of the astronauts will land on and
J plore an area of the moon never before vis
Iti :d by man while the third astronaut circles
ea rth's natural satellite waiting for his com
raies to rejoin him. Finally the men on the
mpon will blast oS to return to the mother
and begin the quarter-of-a-mllllon-mUe
hdmeward trek.
[t Is still a breathtaking concept, though
teams of astronauts have successfully ac-
ished similar feats since Apollo 11 made
historic breakthrough In July 1969. The
catastrophe which forced abortion of
thfe Apollo 13 mission provides a useful re-
nder of the dangers Involved despite all
th; e.^perlence that has been accumulated
arid despite all the exquisitely painstaking
taken before blast-off.
Jntll Apollo 17, the Government had acted
OE the theory that only highly trained pro
fe; slonal pilots could cope with the problems
anjl possible emergencies of space flight. Now,
this last Apollo flight to the moon, the
flrkt professional scientist, Harrison H
Sc imltt, has been made a crew member. An
ar Icle In The Times Magazine section on
Sunday pointed out that Apollo astronauts
ar( not -upermen stamped frori a uniform
m( Id but human beings with Individual idlo-
syi icrasles, virtues and fallings
fet It cannot be denied that these men
ha,e special qualities which set them apart
So ne day In the distant future, no doubt,
talking a rocket to the moon will be as com
as taking a plane to London Is today.
Bik the Apollo pioneers who have blazed the
wa »• had to have a special degree of com-
pe ence and courage to embark on this ex-
tra|ordlnary Journey. We wish them a safe
re
THOMAS W. ALLEN REALIZES
DREAM
HON. LES ASPIN
OF WISCONSIN
I^ THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
kir. ASPIN. Mr. Speaker, while we
e in recess a constituent of mine,
mas W. Allen of Janesville. Wis.,
griduated from college at age 45— a ful-
fillfnent of a lifelong dream. I believe
Allen's inspiring story should provide
hobe to all who continue to pursue a goal
despite setbacks and discouragement. I
proud that Mr. Allen is a resident of
First District, and I submit at this
tinte a newspaper storv- which details
Allen's accomplishments:
Fijom the Janesville Gazette, Dec. 14. 1972)
M.^s W. Allen s Lifeti.me Dream Will
Become Realitv
(By Ruby Walton)
■Aiomas W. Allen, 479 N. Washington St..
-ttlng his Christmas present early this
but It won't be wrapped in gay paper
the Christmas tree.
Allen, 45. will receive his bachelor's
In secondary education from UW-
ater during commencement Saturday.
t took me 25 years to finish," he said.
i Just a lifetime dream. You think It'll
;r come, but its here. I'm real happy
abolit the whole thing."
Allen left high school in 1945 to serve
1 he Army and transferred to the Air Force
;et
(,er
^r.
deg -ee
Wh tewater i
"If
nev
EXTENSIONS OF REMARKS
In 1946, where he remained until 1950. In
1951, while he was attending UW-Madlson, he
was recalled because of the Korean crisis and
served in the Marines untu 1957.
Mr. Allen earned his high school diploma
while In service the first time but It was not
recognized by the university In 1950. In order
to qualify for college, he worked at Fairbanks
Morse nights and went to Janesville High
School mornings.
At that time the high school was located
where Marshall Junior High School Is now.
"I got out of the plant at 2:30 a.m.," he re-
called. "By the time I got home and to bed, I
didn't get much sleep before school, Mr.
Kltellnger used to let me out of his class
early so I could run across the street to
Woblg's to get some coffee and smoke a
cigarette to keep awake."
"The first day back In school, I forgot and
went Into the boys' room for a smoke. Mr.
Horswlll caught me and sent me to Mr. Blck
for smoking in school."
The son of Mrs. Lawrence Allen, 409 E.
Milwaukee St., and the late Mr. Allen, has a
great deal of praise to offer people who helped
him. Kennesjh Blck, then high school prin-
cipal. Ralph Mltby, guidance director, and
Miss Helen Taylor, history teacher, all en-
couraged him to go back to school.
"If it weren't for people like that helping
me, I probably wouldn't have made It," he
said, and added "I think my wife should pick
up the diploma."
Mrs. Allen has been an executive secretary
at Parker Pen Co. for the last 17 years. "She's
typed I don't know how many papers," Mr.
Allen said. "It's been a big plus for me to
have her experience In typing, shorthand and
research papers."
Following his second stint in service, Mr.
Allen took nurse's training at St. Luke's
Hospital. Racine, and became a licensed prac-
tical nurse. He worked in Mercv and Belolt
hospitals.
He said he liked nurse's work but after the
birth of his son. Shawn, now a Srd grader at
St. William's School, it was difficult working
weekends and holidays. Then a back Injury
from a car accident forced him to give up
nursing.
Mr. Allen started back to school at UW-
Rock in 1963 and said he was impressed with
the caliber of teaching there, which makes
transition to another university easy.
He transferred to UW-Whltewater for his
last two years. In the summer of 1971, he re-
ceived a Ford Foundation grant and studied
at Schiller College, Bonnlnghelm, 0ermany.
He has been student teachlng'fn English
at Milton High School and wUl teach there
until the end of the semester In January,
then probably do substitute teaching In the
area during the second semester.
Although he would prefer to teach Ger-
man, he said he enjoys teaching English Just
as much and hopes for a combination posi-
tion. 'I find teaching very rewarding," he re-
marked, "and I feel my age is an asset."
Mr. Allen emphasized that veterans should
take advantage of the GI bill to continue
their education. The bill has enabled him not
to have to work during college.
"My scholastic background before college
was so poor I had to work hard In school to
accomplish my goal." he stated. "I carried a
reduced load when I began until I got Into
the study habit and then went to summer
school. I couldn't have made It and worked
too."
■Many veterans think they couldn't make
it, ' he said, "but they should try. People tend
to underestimate what they can do. If you
want It bad enough, you can do it. I'm not a
bright person, but I have a 3.6 grade point
average In English and 3.2 in German. I got
down to business and It has paid off for me."
Since he never really graduated from high
school, this win be his first graduating cere-
mony.
"I'm going to wear that cap and gown
January 6, 1973
Saturday, you can bet on that," he said with
a grin.
PEOPLE SHOULD HAVE PRIORITY
HON. EDWARD J. DERWINSKI
OF ILLINOIS
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6. 1973
Mr. DERWINSKI. Mr. Speaker, in my
opinion, pursuit of peace in the Middle
East is the most difficult and delicate
task facing diplomats and governments.
Certainly, a thorough knowledgeof the
area and the conflicting vievrei^ych
abound there are helpful to all of us who
share the belief that lasting peace is
long overdue in that historic area.
A very fascinating and hopefully to
some readers a somewhat provocative
article was carried by the Copley News
Service recently in a report from its
Washington Bureau chief, Ray McHugh,
after a recent visit of his to Europe and
the Middle East. The specific article I am
inserting into the Record was carried in
the Joliet Herald News of Sunday, De-
cember 24, 1972.
Mr. McHugh has made a number of
trips to the Middle East in an effort to
be thoroughly familiar with the prob-
lems there and has extensive contacts in
government and private circles in the
Arab world as well as in Israel. He writes
with an obvious sensitivity for the grav-
ity of the pi-oblems there.
The article follows:
Savs People Should Have Priority
(By Ray McHugh)
Beirut. Lebanon — People, not boundaries,
must have priority in the hoped-for American
peace initiatives in the Middle East, says the
boss of the largest private enterprise in the
Arab world.
"There is no doubt that a solution in the
Middle East lies with the United States; It is
our only hope," says Sheikh NaJib Alamuddin,
chairman and president of Middle East
Airlines.
One of the most respected Arab business
and financial leaders, the sheikh says
"another war will settle nothing. '
The burden of peace, however, he adds "lies
with Americans, I am afraid."
"You have an 'association' with Israel, but
you also have traditions of democratic fair
play, old friendships In the Arab world and
obvious national Interests.
"The Russians won't pursue peace — nor
will the Chinese. Europe doesn't have enough
weight."
The sheikh has felt the heat and Game of
Arab-Israeli hostility like few businessmen
of any nationality. Four Decembers ago
Israeli commandos swooped Into Beirut
Airport and virtually put MEA out of busi-
ness, destroying a half dozen planes includ-
ing Boeing 707 Jetliners.
Though MEA is a private company with no
subsidy from the Lebanese government It was
singled out by the Israelis for reprisal against
Palestinian guerrilla raids from southern
Lebanon. Some saw it as a warning to
Lebanon's prominent financial and business
community not to underwrite Palestinian
forces.
The memory is vivid again this December
as Israeli forces and Lebanese army units
battle Palestinians only 100 miles south of
Beirut.
January 6, 1973
in 1968 MEA rallied, largely because of the
sheikh's personal standing In the Interna-
tional airline community. By renting planes,
telescoping flights, the airlines resumed Its
BCbedules from Scandinavia to India as soon
as Beirut Airport reopened. Since then It
has reported three consecutive profit-making
..gars one of the few airlines In the world
that has been able to operate consistently In
the black.
"That crisis taught us a lesson about the
importance of people," the sheikh said In an
interview. "They were challenged and they
were magnificent. Employees offered us
money from their own pockets. Union waived
overtime for six months." (In his 21 years
with MEA the airline has never had a strike. )
MEA's recovery Is reflected in a 9.7 per
cent $8 million-profit for 1972 and a growing
reputation as one of the best-managed
smaller airlines In the world. The sheikh
increasingly is looked upon as a principal
spokesman for smaller airliners in interna-
tional air transport negotiations. Fifteen
Boeing 707s make up the backbone of MEA's
fleet.
The same "people" element that the Brit-
ish-educated sheikh stresses In his airline
must be paramount In any Arab-Israeli set-
tlement, he says.
Gesturing toward Palestinian refugee camps
that lie close by his Beirut Airport offices, the
sheikh said:
"The central issue of any peace negotiation
must be the future of these Palestinians.
They have lived in squalid huts and tents for
25 years. They must be resettled and helped
to find a worthwhile life. Too many today
live only on hatred — hatred for Israel, hatred
for the Arab countries who they think have
done too little — hatred for the Americans and
the other powers who they think have aban-
doned them,
"When men live on hate alone, no one can
predict the results.
"The attack on the Munich Olympic village
was a tragedy; it reflects the desperation we
know exists. The Israeli reprisals, I'm afraid,
only accentuate this desperation.
"Someday someone must answer this pr-b-
lem with comoassion and understanding.
( "Why don't the Israelis remember vhat
happeied to them in Germanv'' Then it was
them who were denlPd the'r homes, their
birthrights, the simple claim to exist. Now
they are denying it to half a million Pnles-
tinia'\«.
"They talk of 'spcit^ frontiers." What Is
secure today in a time of missiles and rock-
ets? The only security Israel will know as a
state must come from an understanding with
the Arab nations. Time Is not on the side
of Tel Aviv. It has military superiority now,
we all know that. But unless It agrees on a
modus Vivendi with today's Arab leaders, I'm
afraid it will bo faced with a much more
militant, mnch more radical and new gener-
ation of leader; a few years from now."
Arab-Israeli hostility, the sheikh says, has
thrown the Middle East Into a kind of eco-
nomic limbo. Oil and related interests con-
tinue to generate business activity, he said,
but even in this area the Palestinian ques-
tion Intrudes at a time when the United
States Is confronted with major decisions
about its future energy supplies.
"Washington should not be looking to Si-
beria for its fuel." he said. "Despite the
events of the past 25 years thore Is a great
residue of friendship for the United States
in the Middle Ea-st. We like to do business
with Americans. Much of our business and
political leadership was developed right here
at the American university. Our children
study in colleges in the United States. It Is
a natural relationship"
Once a Middle East settlement is reached,
he said, the region will literally explode with
opportunities. Traditional Holy Land tourism
rout&s will be reopened. Natural resources
will be developed. Commerce will fiourlsh.
EXTENSIONS OF REMARKS
"Most Important," he says, "a successful
American peace Initiative that takes Into ac-
count the future of the Palestinians would
be a recommitment of American and Western
Interest and sympathy towards people In this
part of the world. We can all partake In an
unprecedented prosperity, but an Initiative
now Is important." !
Some Arabs, notably younger men, already
have begun to seek new horizons on the Per-
sian or Arabian Gulf a few hundred miles
to the east.
"That could be our Wild West," the sheikh
agreed.
While politicians continue to debate the
Arab-Israeli dilemma, many hardy young
Beirut-trained businessmen are shifting their
sights to oU-rlch Kuwait and the tiny sheikh-
doms like Oman and Muscat that are insu-
lated by distance from old Arab problems.
"It is there that the world will see an Arab
renaissance," says a young Harvard-educated
Iraqul architect. "It's like California 100 years
ago. It's screened from the war. There Is
no sense of national failure."
To this young man, Beirut, Cairo and Da-
mascus are symbols of Arab failures In the
19th and 20th Century. For him the new-
oil lands hold the promise that old dreams
can be re-created.
"I agree," says the sheikh. "But if the po-
tential of this new area Is to be fully real-
ized. It must draw on the resources and
the people of older Arab lands and these
cannot, be appreciated until we have peace
with Israel — a Just peace that gives hope
and homes to the Palestinians. That Is the
first order of business."
ROBERTO CLEMENTE
HON. SILVIO 0. CONTE
OK M.\SSACHUSETTS
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. CONTE. Mr. SiJeaker, there are
thousands of professional athletes in this
country, and dozens of them at one time
or another have been tabbed "super-
stars." But there are precious few who
are both superstars on the field and ex-
traordinary individuals in their private
lives.
Roberto Clemente was one of those
precious few and I know that everyone
in this Chamber joins me in mourning
his tragic and untimely death.
The plane flight that brought death to
Roberto Clemente and his four com-
panions Sundav night was on a "mercy
flight" bringing relief supplies to earth-
quake-stricken Nicaragua. It is an ac-
curate reflection of the measure of this
mnn that everyone who knew and loved
Inm best stated afterward that such a
ini.s.sion was typical of the man.
I had the privilege of meeting Mr.
Clemente a few times during his long and
glittering baseball career with the Pitts-
burgh Pirates. While one had to marvel
at the talent of this superbly conditioned
p.tiilete, it was the dignity of the man
and his concern for others that remain
in memory as vividly as his exploits on
the di imond.
Roberto Clemente was not the type of
superstar who would merely lend his
n. me and prestige to a worthy cause. He
cared enough for others to give his time,
his effort as well as his talents to help
them. It was this quality of active con-
459
cern for others, as well as his towering
reputation as a baseball player, that
made him so revered in his native Puerto
Rico and throughout the United States.
Reading the sad accoimts of his last
days leading up to the plane crash, one
cannot escape being as Impressed by
Roberto Clemente the man as million.'^ of
baseball fans have been by Roberto
Clemente the ballplayer. Immediately
after the disaster in Nicaragua, Mr.
Clfemente as3umed leadership ol a volun-
teer committee to gather relief supplies
foi the stricken coimtry. His Christmas
Day was spent working on this effort.
Saturday he was at a pier in San Juan
helping to load a ship with relief mate-
rial. And on New Year's Eve he left his
home and famOy to help deliver the
much-needed supplies to the earthquake
victims.
With the crash of that plane, baseball
lost one of its greatest players and peo-
ple everywhere lost a true friend.
Mr. Speaker, I know that my colleagues
join me in extending condolences and
deepest sympathy to Roberto Clemente's
widow, his three sons, and all his family.
CENTER FOR DEFENSE INFORMA-
TION: DECEMBER 1972, MILITARY
DIRECTIONS
HON. DONALD M. ERASER
OF MINNESOTA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. FRASER. Mr. Speaker, Gene La
Rocque, a retired U.S. rear admiral now
heads the Center for Defense Informa-
tion. Although the center has been in
operation for not quite a year, its publi-
cations already have earned the respect
of Congress. In December 1972. a one-
page newsletter. "Military Directions"
was published. It contains several brief
informative paragraphs on strategic
weapons and defense matters generally.
I think many of my colleagues who may
not have received the newsletter will find
it worth reading:
Center for Defense Information: Decem-
ber 1972, MiLiTART Directions
Expect a rash of defense department-In-
spired scare stories with the approach of the
new defense budget early next year. Included
will be talk of a possible Soviet aircraft car-
rier and of a new manned bomber DOD's
new budget will ask for hundreds of millions
for continued funding of the CVN-70 air-
craft carrier and the B-1 bomber. United
States already has 16 carriers, the Soviets
none, and the United States has more than
500 strategic bombers versus only 140 far
Inferior heavy bombers for the Soviets.
Fifty-eight percent of voters favor cuts
In military spending, accoidlng to a Septem-
ber Harris poll.
Military prime contracts of $33.4 billion
were awarded by the Defense Department in
fiscal 1972. to 22.000 contractors, up S3. 6 bil-
lion from 1971. The top 100 contractors re-
ceived 72^7 of the total, the top 50, 63'>, and
the top 25, 51 'c. Leading the list were Lock-
heed, McEtonnell Douglas, General Dynamics,
General Electric, and Boeing, sharing 21 'c
of all DOD contract business. Lockheed led
all other defense contractors for the fourth
year In a row.
460
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United States is eontlnulng with strategic
eapons programs as the second phase of
o Viet- Amen can negotiations on limiting
.rategic arms begins on November 21. New
MIRVed missiles for Mlnuteman ICBMs and
Poseidon submarines are being deployed
^".lly. U.S. bombers are being MIRVed too,
th the first B-52 bombers carrying Sram
issues now activated at Lorlng Air Force
-— In Maine. United States bomber-car-
nuclear weapons will Increase 507c over
next five years because of Sram. Air
e expected to request funds for MIRV-
_ all 1000 Mlnutemen in next year's budget
One Poseidon missile submarine could de-
iver more destructive power than all ex-
Jlosives dropped -on Germany and Japan in
Vorld War II. A Poseidon submarine carries
nough nuclear weapons to strike more tar-
ets than the total number of major German
nd Japanese cities bombed by all the allies
a World War II. and each of these weapons
s considerably larger than the Hiroshima
>omb. Yet one Poseidon submarine carries
nly a small fraction of 1% of the nuclear
aegatonnage In the United States strategic
rsenal. United States will have 31 Poseidon
ubmarlnes by 1976.
The Center Is associated with The Fund
or Peace.
US. Navy made 157 ship visits to 20 coun-
ir:es m the Indian Ocean area in 1971. Navy
( )hlef Admiral Zumwalt says "a permanent
1 resence is mandatory" and contemplates
1 Dtating aircraft carriers in the region after
:he Vietnam war. Soviet naval activity at a
nuch lower level: mostly non-combat sup-
{ ort ships, oilers and repair ships. Soviet
I aval ships made only 33 port calls to 7 states
I I the Indian Ocean area last vear.
Since World War II the U.S. spent $1.3 trll-
on for military forces, the Soviet Union an
stimated SI trillion. World mllitarv spending
1 1971 rose to S216 billion, up from SI 19 bil-
on In 1961. Since 1961. the world has spent
T 8 trillion for military forces. In 1971 NATO
)untry military outlays exceeded those of
le Warsaw Pact countries by nearly 40'-, ;
^06 billion versus $76 billlcn.
U.S. weapon sales to foreign governments
^ceeded $6.5 billion from 1967 through 1971.
"D military sales estimated to exceed S2.8
!on per year for fiscal years 1972 and 1973.
U.S. military activities In other parts cf
•ia stepping up as the Vietnam war winds
wn Vietnam military bases being turned
er to Vietnamese, but U.S. defense planners
amining reactl%-ation cf old World War II
s In the Western Pacific Mlcronesian
I Hands Tlie U.S. Army Pacific Command is
e cpanding operations in "civic action" and
her security-related programs. Last year
,• teams were Involved In "civic action"
security" projects in 26 nations, a 300 '"c
rrea.=;e over previous year.
The Green Berets are busy on the home-
-in*. returning to "domestic action" In the
S after withdrawal from Vietnam combat
. 1971. Special Forces troops are involved
1 programs in 29 communities in 7 States,
jrklng with Juvenile delinquents, mentally
tarded children, on Indian reservations, and
1th Boy Scouts. These communitv-assist-
^ce activities provide excellent training for
tabt'.ity operations" in foreign lands ac-
c|)rdJng to Defense Department spokesmen.
Soviet Union still lagging far behind the
S in missile technology. Soviet testing of
IRV' missile warhead system has failed to
aterialize During October the Soviets car-
tel out several SS-11 ICBM tests In the
ofic for the first time since 1970. Tests
■icated little advance beyond the old MRV
chnology. U.S. has operationally deployed
IV triplet warheads since 1P64 and the
re complex \rmVs since 1970. In October
US Strategic Air Command test fired a
nuteman III with MIRV. Each of Its three
H|irheads was reported tft have dropped wlth-
a quarter mile of its aiming point, a level
accuracy far better than Soviet missiles.
EXTENSIONS OF REMARKS
TO ESTABLISH THE TO YON NA-
TIONAL URBAN PARK IN THE
SANTA MONICA MOUNTAINS
January 6, 1973
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HON. ALPHONZO BELL
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6. 1973
Mr. BELL. Mr. Speaker, on this open-
ing day of the 93d Congress I am intro-
duciiig a bill to establish in the State
of California the Toyon National Urban
Park in the Santa Monica Mountains.
Initially, the concepts embodied in this
bill were introduced by me in the first
session of the 92d Congress. While prog-
gress has been made toward the realiza-
tion of this much needed park and con-
servation facility, the Federal Govern-
ment has been delinquent in its respon-
sibility to the citizens of southern Cali-
fornia in insuring that the currently un-
developed Santa Monica Mountains will
be preserved for the enjoyment of this
and future generations.
No one can seriously doubt that there
exists a great need throughout the en-
tire country and. in particular, in south-
ern California, for additional recrea-
tional and park facilities. Each year
thousands of individuals are precluded
from enjoying the urmiatched pleasures
of the outdoors because of the over-
crowded conditions that prevail in the
few parks that do exist. This legislation,
while it focuses its attention on the seri-
ous needs of California, will represent, if
implemented, an increased awareness of
the Federal Government of the needs
of urban dwellers to experience nature
in its most unblemished form.
I am firmly convinced that the Tovon
National Urban Park as envisioned by
this legislation will become a reality. I
am able to say this because of the en-
thusiasm that the residents of the
greater Los Angeles area have displayed
in support of this idea. They and I will
need your help, however, to hasten the
implementation of this park.
Those of you who have visited south-
em California know of the natural
beauty that abounds in the area. It
would be an unpardonable sin to permit,
by inaction or delay, even the partial
destruction of the coastline and/or the
partial development of the mountain
area.
I urge each and everyone of you to
seriously ponder the contents of this bill
and support its passage.
The bill follows:
H.R. 290
Be it enacted by the Senate ana House
of^ Representativss of the United States of
America in Congress assembled. That (a) In
order tp preserve a national mountain and
coastal ^ssource; to provide for public out-
door recreation use and enjoyment of the
Santa Monic-. Mountains and the shores and
waters of Santa Barbara Channel and Santa
Monica Bay by present and future genera-
tions; to pre-erve natural, scenic, scientific,
historic, and other values contributing to
public enjoyment of the lands and waters
of the area: to enhance the environment of
contiguous communities by multiple use of
the resources; to provide green belt open
spaces with optimum use and development
of the water resources; and recognizing the
need of the Greater Los Angeles area for
such an open space and recreational resource
there is hereby established the Toyon Na'
tlonal Urban Park. The park, subject to valid
existing rights, shall generally comprise that
area of the Santa Monica Mountains east
ward to the San Diego Freeway along the
crest of the Santa Monica Mou:'.tains and
paralleling Mulholland Drive to Griffith Park
and westward from the San Diego Freewav
and eastward from Point Mugu and westward
from Sunset Boulevard, including portions
of the beaches and coastal canvons of Santa
Monica Bay, Special effort shall be expended
by the Secretary of the Interior to acquire all
lands, easements and other necessary rights
to create a park that Is a contiguous whole
and maximizes the benefit of the park for
the Greater Los Angeles region.
fb) In preserving the mountains and sea-
shore and stabilizing its development sub-
stantial reliance shall be placed on coopera-
tion between Federal, State, and local gov-
ernments to apply best principles of land
use planning and zoning. The Secretary of
the Interior shall give full consideration to
the recommendations of the State of Call-
fornla Ventura-Los Angeles Mountain and
Coastal Study Commission affecting land
use. zoning, conservation and development In
Los Angeles County and Ventura County and
to the terms of any coastline conservation
legislation enacted by the State cf California
and shall make every effort to encourage the
State of California and local governments
thereof to establish stringent land use con-
trols In the entire Santa Monica Mountain
area as defined in this Act.
Sec. 2. (a) The lands and waters to be
acquired by the United States under this
Act shall be administered by the .Secretary
of the Interior (hereinafter referred to as
the "Secretary"! through the National Park
Service. Under direction of the Secretary the
National Park Service shall administer pro-
tect, and develop the park subject to the
provisions of the Act entitled "An Act to
establish a National Park Service, and for
other purposes", approved August 25 1916
(39 Stat. 535: 16 U.S.C. 1 et seq.) . as amended
and supplemented, and the Secretarv mav
apply any other statutory authorltv available »
to him for the conservation and manage-
ment of natural resources to the extent he
finds such authority will further the pur-
poses of this Act.
(b) As soon as practicable after acquisition
by the Secretary of an acrea-e within the
boundaries of the park which, In his opinion,
can be administered efficiently for the pur-
poses of this Act, he shall establish the park
by publication of notice thereof In the Fed-
eral Register.
(c) The Secretary shall study the land use
management needs of the entire defined
mountain and seashore region and take
whatever actions are determined necessary to
preserve the established values of the Santa
Monica Mountain area. Including additional
land acquisition. The Secretarv shall take
whatever action is necessary In order to as-
sure that special precautions will be taken
by the State of California and local govern-
mental entities to guard against land use
management of the lands surrounding ac-
quired parklands which are incompatible
with the acquired lands,, in order to preserve
the natural continuity of the regional en-
vironment.
Sec. 3 (a) The Secretary Is authorized, sub-
ject to the limitations, restrictions, and con-
ditions lmpo.sed by this Act, to acquire the
land and other property and any Interests
therein by donation, purchase with donated
or appropriated funds, or by exchange, except
that land owned by the State of California
or any of its political subdivisions may be
acquired only with the consent of the owner,
(b) When acquiring property by exchange,
the Secretary may accept title to any non-
Federal property within the boundaries of
January 6, 1973
the park, and in exchange therefor he may
convey to the grantor of such property any
federally owned properly under his Jurisdic-
tion which he classifies as suitable for ex-
change or other disposal. The values of the
properties so exchanged either shall be ap-
proximately equal, or if they are not approxi-
mately equal, the values shall be equalized by
the payment of cash to the grantor or to the
Secretary as the circumstances require.
(c) In exercising his authority to acquire
property under this Act, the Secretary shall
give immediate and careful consideration to
any offer made by a property owner owning
property within the boundaries of the park to
sell such property to the Secretary. A property
owner owning property within the park may
notify the Secretary that the continued own-
ership of that property would result in hard-
ship to him, and the Secretary shall immedi-
ately consider such evidence and shall within
one year following the submission of such
notice, subject to the availability of funds,
purchase such property offered for a price
which does not exceed its fair market value.
(d) Tlie Secretary, to fulfill the objectives
of this Act shall, from time to time, vest In
the United States all right, title, and Interest
in, and the right to immediate possession of,
all real property in specific acquisitions with-
in the Santa Monica Mountain and Seashore
area as defined In this Act, except real prop-
erty owned by the State of California or a
political subdivision thereof.
(e) With respect to property which the
Secretary is authorized to acquire by con-
demnatlo'i under the terms of this Act, the
Secretary shall Initiate no condemnation pro-
ceedlnrs until after he has made every rea-
sonable effort to acquire such property by
negotiation and purchase.
(f) The Secretary Is authorized to ac-
quire only such Interest In lands as is rea-
sonably necessary to establish and maintain
the park.
(g) Notlilng in this Act shall be con-
strued to prohibit the iise of condemnation
as a means of acquiring a clear and market-
able title, free of any and all encumbrances.
(b) The Secretary may use Installment
purchase, advance acquisition with leaseback
provisions, and conservation, agricultural,
access, and scenic easements to accomplish
the purposes of this Act.
(1) The Secretary shall explore the possi-
bility of obtaining grants and funds from
other appropriate government agencies to
further land acquisition for the park, con-
struct the necessary facilities to protect the
values for which the park was established,
and extend the benefits of the recreation and
open space resource of the Santa Monica
Mountain and Seashore to the Greater Los
Angeles region and to the American public.
Sec 4. (a) There Is hereby established a
Toyon National Urban Park Advisory Com-
mission. The Commission shall cease to exist
nine years after establishment of the park
as provided by section 2 of this Act.
(b) The Commission shall be composed of
nine members, each appointed for a term
of three years by the Secretary, as follows:
(1) five members to be desifjnated by the
Secretary, three of whom shall be residents
of Los Angeles or Ventura Counties;
(2) one member to be appointed from
recommendations made by the board of
supervisors cf Ventura County:
(3) one member to be appointed from
recommendations made by the board of
supervisors of Los Angeles County; and
(4) two members to be appointed from
recommendations made by the Governor of
California.
(c) The Secretary shall designate one
member to be Chairman. Any vacancy on
the Commission shall be filled In the same
manner in which the original appointment
was made.
'd) A member of the Commission shall
serve without compensation, but shall be
EXTENSIONS OF REMARKS
reimbursed for actual expenses Incurred in-
cident to Commission business. The Secretary
Is authorized to pay the expenses reasonably
Incurred by the Commission.
(e) The Secretary shall provide such staff
assistance as is necessary to the Commission
In the performance of its duties.
(f) The Commission shall meet at least
twice annually at time and place designated
by the Chairman. The Commission also shall
meet as necessary at the call of the Chair-
man upon proper cause and due notice given.
(g) The members of the Commission shall
have particular experience or expertise In
government, conservation, land use planning
and acquisition, natural and environmental
sciences, or economics.
Sec. 5. (a) The duties of the Commission
shall consist of —
( 1 ) advising the Secretary on proposed
land uses, priority of such uses, and devel-
opment plans within the park, consistent
with the recreational and open space aspects
of the park region.
( 2 ) advising the Secretary of any activities
conducted by the Secretary or proposed to
be conducted by the Secretary or through
others under the Outer Continental Shelf
Lands Act (67 Stat. 462) which would have
or are likely to have a material Influence on
the park environment:
(3) advlsmg the Governor of California
of any activities conducted by or proposed to
be conducted by the Lands Commission of
the State of California directly or through
others upon the tldelandj and shelf lands
and waters which would have or are likely
to have a material influence on the park
environment;
(4) advising the boards of supervisors of
Ventura County and Los Angeles Countv and
the city council of any city contiguous or ad-
jacent to the park as to any proposed land
ur-', land development, public works, mineral
development, or zoning outside the park
which would have or are likely to have a ma-
terial Influence on the park environment.
(5) holding public hearings on National
Park Service proposals for acquisition of land
and development and u.se plans and submit-
ting Its findings and recommendations to the
Secretary; and
(6) assisting the Secretary In conferring
with State and local parks and recreation offi-
cials to determine the best possible coopera-
tive management program for the park lands;
(7) assisting the State of CalUornla and lo-
cal government entitles to assure that land
use In the Santa Monica Mountain area is
compatible with and supplements the values
of the park established herein; and
(8) any other duties prescribed by the Sec-
retary related to the development^ use and
management of the park and Its resources
and the environmental Impact of the park on
the surrounding communities and the en-
vironmental Impact of adjacent commercial
r.ctlvlty on the park.
Sec. 6. (a) Any owner or owners of Im-
proved property situated within the area des-
ignated for inclusion in the park on the date
of Its acquisition by the Secretary may, as a
condition of such acquisition, retain, for a
term of not to exceed thirty years, the right
of use and occupancy of such property for
any slngle-famUy residential purpose which
Is not Incompatible with the purposes of this
Act or which does not Impair the usefulness
and attractiveness of the area designated for
inclusion. The Secretary shall pay to the
owner the value of the property on the date
of such acquisition less the value on such
date of the right retained by the owner.
■Where any such owner retains a right of u.se
and occupancy as herein provided, such right
during its existence may be conveyed or
leased for noncommercial residential pur-
poses in accordance with the provisions of
this section.
(b) Any Improved or unimproved property
461
situated within the area designated for Inclu-
sion in the park which by mutual agreement
between the Secretary and the owner or own-
ers thereof is used commercially to serve the
needs of the public and enhance their enjoy-
ment of the park shall not be subject to pur-
chase or condemnation during the existence
of such agreement.
(c) Any deed or other Instrument used to
transfer title to property, with respect to
which a right of use and occupancy is re-
tained under this section, shall provide that
such property shaU not be used for any pur-
pose which is Incompatible with purposes of
this Act. or which Impairs the usefulness and
attractiveness of such area, and if It should
be so used, the Secretary shall have authority
to terminate such right.
Sec. 7. There are hereby authorized to be
appropriated such funds as are necessary to
accomplish the purpose of this Act.
IN FAVOR OF DIRECT POPULAR
ELECTION OF THE PRESIDENT
HON. AL ULLMAN
OF OHECON
IN THE HOUSE OF REPRESENTATIVES
Saturday. January 6. 1973
Mr. ULLMAN. Mr. Speaker, today the
Nation witnesses another chapter in the
charade that is America's system of se-
lecting its President and Vice President.
The votes cast in the Electoral College
are being counted, and 538 people were
allowed to determine the top elected offi-
cials in the United States. These 538
electors do not have to vote for the
candidate who received the most votes in
their State in the November election.
Fortunately. 537 did this year. But what
of the one who decided to place his feel-
ings above the feelings of those who put
him in the position of elector?
In 1968 another elector similarly chose
to ingore the vote of the people of his-
State. One wonders what would happen
if such actions by electors actually
changed the results of a presidential
election. Why should we live with such
risks if we really value democratic gov-
ernment? The so-called faithless elec-
tors are not the only way that our elec-
toral system can thwart the will of the
people of the United States. It Ls quite
possible for 60 percent of the people to
vote for one candidate, while the other
major candidate, with only about 40 per-
cent of the vote, wins more than 50 per-
cent of the electoral vote. This can be
accomplished merely by winning the 12
largest States. A discrepancy between
electoral vote and popular vote has not
occurred since 1876, but it could easily
happen again.
Even this election in 1972. though a
land.'?lide. is an example of how unrepre-
."entative the Electoral College is. Presi-
dent Nixon received about 61 percent of
the popular vote, but almost 97 percent
of the electoral vot«. Senator McGovem
received 38 percent of the popular vote,
but only 3 percent of the electoral vote.
In 1969. the House of Representatives
approved a constitutional amendment
abolishing the Electoral College and sub-
stituting a system of direct popular elec-
tion of the President. The Senate, unfor-
tunately, failed to act. But we must try
462
igain. The people must truly be made
;he source of electoral power.
I have proposed a package of election
reform bills designed to give people the
real power in pi-esidential elections. I
lave introduced House Joint Resolution
i, a constitutional amendment abolish-
ng the Electoral College, instituting di-
rect election of the President and a na-
;ional presidential primarj- system for
selecting nominees of political parties.
)Ay bill, H.R. 18, sets up the machinery
'or the election system. Another bUl,
3.R. 1250, would close the polls in all
parts of the country at the same time, in
)rder to reduce the chances that the re-
sults of national elections will be broad-
;ast based on eastern returns prior to
closing of the polls in the West.
I want our national elections to be the
nodel of eflBcient democracy that our
dealism would expect them to be. I be-
ieve my legislation will achieve that
iim, and I urge my colleagues to join me
n pushing for early action by the House
;o reform our electoral process.
STOP THE WAR
HON. EDWARD J. DERWINSKI
OF ILLINOIS
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. DERWINSKI. Mr. Speaker, there
las been a great deal of conversation,
line would almost be tempted to say ex-
iiessive oratory, in the Congress over the
situation in Southeast Asia.
One of the more intriguing pieces of
correspondence I have received on the
ubject of Southeast Asia is a letter from
he Communist Party of Illinois which I
nsert into the Record at the conclusion
of these remarks. It is my thought that
nany Members might wish to read this
etter as they analyze all points of view
)n the subject:
Communist P.\rty of Illinois,
Chicago. III., December 20, 1972.
senator Charles Perct,
senator .Adlai Stevenson,
Ml Illinois Congresmen:
In the name of all that Is decent In the
vorltl yo;i must stop the war.
At this point only you and your colleagues
lave the power to end the crimes being com-
nitted in the name of our people by com-
j.elllng Richard Nixon to sign the peace.
reaty that he agreed to before the elec-
;lon. For you not to do this Is to be an
iccompllce.
The master trickster has exposed his hand.
He has revealed the sham of his peace nego-
tiations, now that he Is Installed In the
IVhlte House for four more years. The re-
iponslblUty for the war continuing Is Nlx-
5n s; the responsibility for ending It now
■ests with you. No one but Nlxon could call
the Integrity of Vietnam as a country a
minor detail." No one can believe, after
years of destruction, that any more bombs
:an end the war and bring our boys home,
Includlnz all the prisoners.
Before the elections we Communists and
many others warned that Nlxon was cam-
paigning for peace while preparing for greater
nar. with a cynical contempt for the honor
ind will of our people. It Is now clear that
Nlxon has not given up his aim of keeping
South Vietnam as a permanent base of oper-
ations for U.S. imperialism on the Asian
I
EXTENSIONS OF REMARKS
mainland. Such hypocrisy has been de-
nounced by leaders across the country and
around the world, including the most recent
statement of Pope Paul VI.
As long as this war continues we will for-
ever postpone meeting the crises that scream
for relief In our schools, hospitals, homes and
In our streets. We can wait no longer.
The Communist Party of Illinois, together
with thousands of our fellow citizens, call
upon you to call for an emergency session of
Congress to :
Prohibit any further expenditure of any
funds In Southeast Asia for any purpose ex-
cept the transportation home of every US
soldier and piece of military equipment;
Bring Impeachment charges and try them
against Richard M. Nlxon. President of the
United States of America, for gross viola-
tion of his oath of office to uphold the U.S.
Constitution; for usurpation of the peoples'
and the Congress' Constitutional rights and
powers; and for crimes of genocide against
the Vietnamese peoples.
Most urgently yours,
Jack Kling,
Cochairman.
ISHMAEL FLORY,
Cochairman.
Arnold F. Becchetti.
State Secretary.
Linda R. Appelhans,
Organizational Secretary.
January 6, 1973
REAR ADM. RUFUS J. PEARSON, JR.,
MEDICAL CORPS, U.S. NAVY
' HON. OLIN E. TEAGUE
OF TEXAS
IN THE HOUSE OP REPRESENTATIVES
Saturday, January 6, 1973
Mr. TEAGUE of Texas. Mr. Speaker,
in retirement ceremonies held In the
U.S. Capitol January 3. 1973, the Surgeon
General of the Navy, Vice Adm. George
M. Davis, Medical Corps, U.S. Navy, pre-
sented the Distinguished Service Medal
on behalf of the President of the United
States to Rear Adm. R. J. Pearson, Medi-
cal Corps, U.S. Navy, who retired after
more than 26 years' active duty, of which
the last 6' 2 were as Attending Physician
to the Congress of the United States.
The award was presented to Rear Ad-
miral Pearson "for exceptional merito-
rious service to the Government of the
United States in a duty of great respon-
sibility as the Attending Physician to
Congress during the period March 1966
to January 1973."
In October 1966, Dr. Pearson was as-
signed as the Attending Physician to
Congress, a position he held for 6 '/a years
and the second physician to hold that
post. Dr. George W. Calver, the first
physician to Congress occupied the post
from 1928 to 1966.
Yearly, several thousand emergency
and first-aid treatments are adminis-
tered at the first-ald rooms In the Capi-
tol buildings. Dr. Pearson effected many
improvements in health care and its de-
livery in the Capitol.
Dr. Pearson was chosen to accompany
the majority leader and minority leader
of the Senate on their historic trip to
China in 1972.
Appreciation of Dr. Pearson's interest
in the welfare of the Members of Con-
gress, their families, their staffs, and the
pages has been expressed repeatedly by
the Members.
Dr. Pearson was in private practice Id
Jacksonville, Fla., for 5 years prior to
returning to active duty in the Navy.
He served as chief of medicine at the
naval hospitals, Charleston, S.C, and
Portsmouth, Va., and was chief of car-
diology at the Naval Hospital, Bethesda,
Md., from 1955 to 1961. Before his ap-
pointment as Attending Physician, he
served as director of clinical services and
chief of medicine at the Naval Hospital,
Bethesda, Md. He trained at the King's
County Hospital, Brooklyn, and at the
Grady Hospital, Atlanta, and had addi-
tional training in cardiovascular diseases
at the Massachusetts General Hospital,
Boston, under Dr. Paul Dudley White. He
is certified by the American Board of
Internal Medicine and by the Sub-
specialty Board in Cardiovascular Dis-
eases.
Dr. and Mrs. Pearson plan to make
their home in Whispering Pines. N.C.
Mr. Speaker. I include a biography of
Dr. Pearson as well as copies of the cita-
tions he received upon his retirement.
I wish him well.
Biography
Rufus Judson Pearson. Jr.. was born In
Atlanta. Georgia, October 8. 1915. a son of
Rufus Judson Pearson, Sr., and Myrtle Pad-
gett Pearson. He attended the University of
Florida and received his Doctor of Medicine
degree from Emory University In 1938. He en-
tered active duty In the U.S. Naval Reserve In
1942 and resumed his civilian practice In
Jacksonville. Florida. In 1945. He returned to
active duty In 1950. On March 20, 1967, he
was promoted to Rear Admiral.
In World War II. Doctor Pearson served
overseas with a Navy Construction Battalion
and has since served on the medical services
at the Naval Hospitals In Jacksonville, Flor-
ida; Beaufort. South Carolina, and Bethesda,
Maryland. He was Chief of Cardiology at the
Naval Hospital, Bethesda, Maryland from
1955 to 1961, and Chief of Medicine at the
Naval Hospitals In Charleston. South Caro-
lina and Portsmouth, Virginia. Prior to his
assignment as Physician to Congress, he was
Director of Clinical Services and Chief of
Medicine, Naval Hospital. National Naval
Medical Center. Bethesda, Maryland.
Doctor Pearson has the American Cam-
paign Medal; WWII Victory Medal; National
Defense Service Medal (with bronze star In
lieu of second award) ; Armed Forces Reserve
(10 yrs.) Medal; and the European-Afrlcan-
Mlddle Eastern Campaign Medal.
He was married In 1939 to Miss Emily Tim-
merman of Atlanta. Georgia. They have a
daughter, Virginia (Mrs. H. E. Sudders), who
was a Peace Corps Nurse In the Dominican
Republic for two years and served as a
staff nurse with the American Red Cross. A
son, LCDR Rufus Judson Pearson III, CEC.
USN Is a Naval Academy graduate of the
Class of 1963. Doctor and Mrs. Pearson plan
to reside at 61-A Pine Lake Drive, Whisper-
ing Pines. North Carolina 28389.
Doctor Pearson is a Fellow of the American
College of Physicians: Fellow. American Col-
lege of Cardiology: Fellow, Scientific Coun-
cil. American Heart Association: Member,
American Medical Association; Member,
Board of Directors, Washington Heart Asso-
ciation; and formerly Associate In Medicine.
Georgetown University. He trained at the
Kings County Hospital, Brooklyn, and at the
Grady Hospital, Atlanta, Georgia, and had
additional training In Cardiovascular Disease
at the Massachusetts General Hospital, Bos-
ton, under Doctor Paul Dudley White. He Is
certified bv the American Board of Internal
Januarij 6, 1973
Medicine and by the Sub-specialty Board In
Cardiovascular Disease.
The Secretary of the Navy,
Vfashington.
The President of the United States takes
pleasure In presenting the Distinguished
Ser\lce Medal to
Rear Admiral Rufus J. Pearson, Jr.
Medical Corps
United States Navy
for service as set forth in the following
citation
For exceptionally meritorious service to
the Government of the United States in a
duty of great responsibility as the Attending
Physician to the Congress during the period
March 1966 to January 1973.
Rear Admiral Pearson brought to his
unique position exceptional skill. Innovation,
farslghted leadership, and the highest sense
of dedication. Through his superlative ef-
forts, Members of Congress and their staffs
received the best possible medical care.
Rear Admiral Pearson was instrumental in
effecting numerous Improvements to the
health care delivery system In the Capitol
complex. In addition to his role as a phy-
sician as advisor, consultant, and confidant
to the nation's legislators, earning the re-
spect of all with whom he came in contact.
By his distinguished and inspiring devo-
tion to duty. Rear Admiral Pearson re-
flected great credit upon himself and the
Medical Corps, and upheld the highest tra-
ditions of the United States Naval Service.
For the President:
John W. Warner,
Secretary of the Navy.
the surgeon general op the navt presents
this certificate of merit to
Bear Admiral Rufus Judson Pearson, Jr.
Medical Corps
United States Navy
For over twenty-six years of distinguished,
loval and exceptionally meritorious service
m" the Medical Corps of the United States
Navy.
Throughout his naval career. Admiral
Pearson dedicated his professional energies,
clinical skills, and administrative abilities to
providing quality health care. During World
War II, he served overseas with a Navy Con-
struction Battalion. Subsequently, he was
assigned on the Medical Service at Naval
Hospitals, Jacksonville. Florida; Beaufort,
South Carolina; Bethesda, Maryland; and
was Chief of Medicine at Naval Hospitals,
Charleston, South Carolina, and Portsmouth,
Virginia. Immediately preceding his present
assignment. Admiral Pearson served as Chief
of Medicine and Director of Clinical Services
at Naval Hospital, National Naval Medical
Center, Bethesda. Maryland. To each of these
assignments, he brought a high level of pro-
fessional competence coupled with dynamic
leadership, drive, and imagination.
Such impressive credentials as his certifi-
cation by the American Board of Internal
Medicine in both Internal Medicine and
Cardiovascular Diseases, his status as a Fel-
low in the American College of Physicians
and the American College of Cardiology, and
his vast professional experience made Ad-
miral Pearson Imminently qualified for as-
signment as Attending Physician to the Con-
gress. During his tenure from July 1966 to
January 1973, he continually demonstrated
his Intense devotion to duty and dedication
to purpose by totally administering to the
medical needs of the members of both Con-
gressional Legislative bodies. In addition. Ad-
miral Pearson served with distinction as
Chairman of the Armed Forces Participation
Committee for the Presidential Inauguration
in January 1969.
On the occasion of his retirement, it Is a
privilege and a distinct pleasure to record
EXTENSIONS OF REMARKS
here our appreciation and gratitude, and to
confer upon Admiral Pearson this Certificate
of Merit In recognition of a distinguished
career In the service of his country.
G. M. Davis,
Vice Admiral, Medical Corps. USN.
463
WHERE HAVE THEY GONE?
HON. LES ASPIN
of WISCONSIN
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. ASPIN. Mr. Speaker, it is always
most encouraging to receive mail from
concerned young people who have
thoughtfully analyzed a problem and are
seeking solutions. Recently Vivian Stan-
ton, a student from Racine, Wis., sent me
an excellent theme describing the seem-
ingly endless di'ive to develop natural
areas into commercial areas. I believe
her concern reflects the concern of all of
us, and I submit her theme for the con-
sideration of all Members of Congress:
Where Have They Gone?
(By Vivian Stanton)
With the rapid development of more hous-
ing units and shopping areas to satisfy to-
day's housing and public needs, former play-
grounds, picnic areas, forests and farm lands
are vastly disappearing. The need for more
housing units is a valid one as each year our
population growth is steadily rising. With
this population growth, one can see, also, the
need for more shopping areas to accommo-
date the soaring demands of today's citizens.
But what do these needs lead to?
By building more housing units and shop-
ping areas, we are denying a family and Its
children the playgrounds and picnic areas
formerly used for safe recreational activities.
More playgrounds and picnic areas will be
taken away from the community as the need
for housing units and shopping areas In-
creases as the necessity for having someplace
to build them increases. It may not be long
before more and more children will be play-
ing In the streets. Soon families will not be
able to hold a picnic outdoors or in parks un-
less they have a large yard in which to do so.
Our beautiful natiiral forests are on the
decline too as the need for more and more
wood is Increasing for building purposes and
the area will be needed for a place in which
to build. Remember how much fun it was
to walk along the paths In the forests and
see the natural beauty that God had created?
After a rainfall, these forests were exception-
ally beautiful as the trees shimmer In new
beauty and everything smells fresh.
As our farmlands are disappearing, if one
reads the science magazines, you will find
out that scientists are inventing special food
capsules and supplements fo aid us in the
diets we wUl have to be following In the
coming years. A farmer I know of recently
had to sell his wheat crop area because a
shopping center will be built there in the
near future. If one asks our older citizens
what has happened to the many farm areas
that used to be in the area you are now
living in, they will tell you that many houses
and shopping centers have taken over these
former areas.
I think It Is quite clear what has happened
to our former areas of activity and work. Our
citizens are quite concerned with this prob-
lem and are trying to figure out solutions
that will skillfully solve and handle this
problem. After all, we don't want the entire
disappearance of all of these areas. If they
all disappeared, where would we go then for
fun and activity? Think about It seriously
and see If you can come up with any alter-
native solutions.
FISCAL RESPONSIBILITY OR HIGH-
ER TAXES— A POLITICAL GAME
HON. JOHN R. RARICK
OF LOUISIANA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. RARICK. Mr. Speaker, prior to
adjournment last fall, fiscal responsi-
bility became a campaign issue. The goal,
a budget setting a S250 billion spending
limitation, was originally contained in
President Nixon's ninth request for an
increase in the national debt. The Pres-
ident later abandoned this ceiling limi-
tation in the legislative proposal amidst
controversy over who would determine
the programs to be cui.
Since adjournment, the President has
used the people's desire to limit Federal
expenditures as a tool to compromise or
reduce various Federal programs aflfect-
ing different segments of our population.
The President's budgetary actions to con-
trol Federal spending have forced a hue
and cry from many of the federally sub-
sidized groups in America.
Suits have now been filed contesting
the President's power to restrict Federal
spending to a level less than that appro-
priated by the Congress. The lobbyists
and pressure groups are mobilizing sup-
port and forming public opinion to force
action by the Congress to break loose
the moneys which were appropriated in
legislation designed or molded to some
degree by these same lobbyists and pres-
sure groups.
I would remind those of our colleagues
so earnestly involved in rhetoric against
the President's actions that the President
told the American people during the re-
cent campaign that he would not seek
any tax increases, but that Congress
might.
If the President is found to lack legal
authority for his stewardship over the
Federal budget, or if he is persuaded or
stampeded into releasing full appropri-
ations, additional taxes will be inevitable.
If the President yields — and this ap-
pears to be the desire of many of our col-
leagues— the President will lay the blame
for the new and or increased taxes on
those who have insisted on emptying the
Federal Treasury to fulfill their campaign
promises.
FEDERAL GUN CONTROL LEGISLA-
TION MUST BE ENACTED
HON. EDWARD I. KOCH
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Saturday. January 6, 1973
Mr. KOCH. Mr. Speaker, in this Na-
tion in 1971, 10.000 murders were com-
mitted in our homes and streets with
firearms, with this figure climbing to
21,000 gun deaths when suicides and ac-
cidents are included. Handguns were the
N
4 54
weapons in the vast majority of these
di'aths.
Today I am introducing two bills which
tc gether will greatly strengthen our cur-
r^itly very inadequate gim control laws.
first will prohibit the manufacture
id sale of handguns, except for law en-
rc?:nent, military or licensed pistol club
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My second bill. "The Firearms Regis-
tion Act, ' deals with the registration
all existing firearms, not just hand-
_ by making it unlawful to possess or
carry a firearm not registered in ac-
with the provisions of the act. By
nning the sale or purchase of hanguns
1 by requiring the registration of all
.sently held firearms, this legislation
contribute significantly to the re-
of violent crimes in our cities
d m our Nation as a whole.
Nearly all the industrial nations of
world require firearms licensing or
itration, and many of them prohibit
vate possession of handguns alto-
her. Nowhere in the world is the pri-
ownership of handguns on a per-
il pita basis as high as it is in the United
s. In Canada it is 30 handguns per
people. And in Finland, the
lands, Greece Great Britain, and
itzerland it is les.s than 5 per 1,000.
in the United States the figure is
handguns per 1.000 people, or an
rage of 4 handguns for every 10
seholds. And these handguns were
isible for more than 2 out of 3 of
the Nation's homicides,
^ew people will deny the correlation
ween the availability of handguns and
incidence of violent crimes. In the
ited States there are 5.7 gun murders
100.000 persons each year, as op-
■ to 1.9 in J? pan. where it is illegal
own. manufacture, or carry a hand-
and to 1.2 in Great Britain, where
laws are almost as restrictive,
the face of this record, can we af-
any further delay in enacting legis-
which will help prevent the killing
t goes on in our homes, streets, and
ghborhoods every single day of the
Do we have to wait for' another
or public tragedy to thrust the neces-
of strong gun control laws again into
consciousness? It is not enough that
971, the last year for which figures are
liable. 10.000 private citi/ens were
with firearms?
New York City has a strict law govem-
the re^stration and licensing of guns,
the impact of that law, which I co-
(|nsored when I sat in the New York
Council in 1967, has been minimal,
reason is obvioas — gun control, to
y work, must be nationwide in its
lication. And I intend to press for
' Federal legislation.
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SPEEDY TRIAL
HON. WILLIAM J. KEATING
OF OHIO
I^ THE HOUSE OF REPRESENTATIVES
Saturday. January 6. 1973
5|[r KEATING. Mr. Speaker, today, I
introducing a bill designed to give
I
EXTENSIONS OF REMARKS
meaning to the sixth amendment right
to speedy trial.
The median time interval for the dis-
position of criminal cases has been
steadily rising over the past several years.
The situation in courtrooms across the
Nation has deteriorated to the point
where criminal justice has become a mat-
ter of disposing of statistical masses. This
aids neither society nor the defendant.
This only perpetuates the cycle of crime
and increases disrespect tor justice under
the law. In summary, there can be no
argument that we must guarantee all
criminal defendants the right to a speedy
trial. As stated in the Magna Carta:
To no one will we deny justice, and to no
one will we delay It.
This legislation is needed for many rea-
sons. For one, speedy trial is without
question an effective deterrent to crime.
If a deterrence to crime is to be estab-
lished, there must be a clear, direct, and
swift connection between the commis-
sion of a crime and the apprehension,
trial, and sentencing of an offender. On
the other hand, when trials are delayed
for months, as they often are, the con-
nection between the defendant's crime
and his sentence is broken.
Delays before trial are also responsible
for many crimes committed by defend-
ants who are free on pretrial release. The
President's Commission on Crime in the
District of Columbia, reporting in 1966,
found that 7.5 percent of the persons re-
leased on bail in the District were later
indicted for offenses allegedly com-
mitted while free and awaiting trial. Ob-
viously, an important step in reducing
the danger of criminality by released de-
fendants is to shorten the time between
arrest and trial.
Delay in bringing criminal defendants
to trial also results in countless lost con-
victions and reductions of charges for
serious crimes to charges for minor
crimes. It is a simple fact that the longer
the time for trial is delayed, the more
memories fade, witnesses die or become
unavailable, and cases become stale. It is
also fact that clogged court dockets re-
sult in increased pressures on prosecu-
tors to give the defendant a lesser charge
in return for a guilty plea and waiver of
jury trial.
Current delays also lower the esteem
that citizens have for the criminal jus-
tice system. For if this system is to oper-
ate effectively, the citizenry must believe
that justice is operating fairly.. Unless
an attempt is made to head off the disas-
ter that our criminal justice system is
headed toward, we may look forward
only to increasing disgust, complete cyni-
cism, and popular pre.-sure for radical
change.
Anxiety and uncertainty about their
fate, experienced by many defendants, is
one of the obvious costs of delay. The
heaviest burden of all falls on the poor
defendant who cannot afford bail or re-
tained counsel, and who faces pretrial in-
carceration. These are the defendants
whose jobs and family are completely
interrupted when accused of a crime.
These are the defendants who cannot re-
turn to a normal life until their trial
date has arrived or they have decided to
January 6, 1973
plead guilty. Clearly, something must be
done.
Mr. Speaker, this bill will require the
trial of Federal criminal defendants
within 60 days of their arrest. Failure to
accomplish this will result in dismissal
of the charge against the defendant. It
is recognized that highly unasual cir-
cumstances may require a longer period
of time to bring some defendants to
trial. Allowance for such cases is made
in the bill. However, the overwhelming
number of criminal cases will not fall un-
der this category. In these instances, the
defendant simply must be given a speedy
trial.
My proposal also provides for closer
and more effective supervision of persons
released on bail prior to trial. This would
be accomplished through the establish-
ment of pretrial service officers through-
out the entire Federal district court sys-
tem. These officers would supervise re-
leased defendants, recommend appropri-
ate release conditions, aid defendants in
finding employment, medical, and other
social needs, and perform those functions
necessary to insure fair and equitable
treatment for criminal defendants await-
ing trial. To achieve this goal, $20 million
would be authorized annually for ex-
penditure in Federal districts.
Finally, those States which fail to
make the reforms necessary to fo'low
the example of Federal courts will face
having funds from the Law Enforcement
Assistance Administration cut off. Since
receipt of thes? Federal funds is a privi-
lege enjoyed by the States, and not an
inalienable right, this provision in the
bill is intended only to provide States
with an incentive '6 act. Although this
incentive should not be required, this is
the only action which the Federal Gov-
ernment may take without infringing
upon the integrity and inviolability of
State court systems.
Mr. Speaker, I urge the prompt con-
sideration of this bill. The need for this
legislation is clear. As stated in the task
force report to the 1968 Presidential
Commission :
As the backlog of cases becomes over-
whelming, clearing the docket comes to be
an end In and of itself, and haste rather than
Intelligent deliberation is the norm of prac-^
tlce. Disposition by dismissal or by guilt/
plea Is often characterized by little attent%
given to the penal and correctional needs of
offender.
The time to act is now. Enactment of
this bill into law will be required if the
constitutional guarantee of right to
speedy trials is to have substantive
meaning.
REINTRODUCTION OF NEWSMAN'S
PRIVILEGE BILL
HON. JEROME R. WALDIE
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. "WALDIE. Mr. Speaker, today I am
reintroducing my bill providing for ab-
solute privilege for newsmen to protect
their sources of information from being
disclosed upon the order of any govern-
mental body.
Januarij 6, 1973 I
This bill was introduced last year in
the 92d Congress following the "Caldwell
Decision" by the U.S. Supreme Court.
At that time I was alarmed at the chill-
ing effect I thought this decision would
have upon the traditional protection news
personnel have had under the interpreta-
tion of the first amendment.
My fears were fully justified.
May I cite just a few of the cases in
which new.smen have been jailed in wake
of the Caldwell decision?
Peter Bridge, of New Jersey, Bill Farr,
of Los Angeles, and John F, Lawrence,
chief of the Los Angeles Times Washing-
ton Bureau have all been incarcerated
for failure to comply with court-ordered
disclosure of news materials or sources.
The recent announcement by the
White House Chief of Telecommunica-
tions Policy that the Federal Communi-
cations Commission will hold local sta-
tions accountable when their license is
up for renewal as to the content of net-
work news shows is an astoundingly frank
attack on the first amendment and works
to add to the "chill" that pervades every
news room in the country now that the
administration is on the attack.
My bill, Mr. Speaker, is simple in con-
tent, clear in meaning.
It provides that no person connected
with or employed by the news media or
press can be required by a court, legisla-
ture, or any administrative body, to dis-
close before the Congress or any other
Federal court or agency, any information
or source of any information procured
tor publication or broadcast,
Mr. Speaker, this legislation is vitally
needed.
Bill Farr of the Los Angeles Times re-
mains in jail today, the victim of an ero-
sion of basic liberties that is being fos-
tered by this administration.
Let us act now, Mr. Speaker, to halt
this erosion. Let us act now to protect
our most basic civil liberty — the right to
free speech and the ripht to know.
THE DYNAMICS OF THE FREE
ENTERPRISE SYSTEM
HON. ELFORD A. CEDERBERG
OF MICHIGAN
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. CEDERBERG. Mr. Speaker, it is
with a great deal of pleasure that I bring
to the attention of my colleagues an
addres,« by Dr. Robert P. Gerholz, chair-
man of the board of Ferris State College
in my congressional district, and a
gentleman I believe gives us a great in-
sight into the drive which has brought
our Nation to the greatness which it has
achieved and points the way for our con-
tinued drive to meet the responsibility
which that greatness bears.
It is common these days to hear talk
of evils of our free enterprise system and
the burdens which it has placed on
society. I think it is a mistake to over-
look the great good which has been
brought to society through the opera-
tion of the free enterprise system as we
look to the future and the solution of
i
EXTENSIONS OF REMARKS
the many problems which we face as in-
dividuals and as a nation. The searching
natui'e of man to perfect himself and
his suiToundings breeds a confidence
which is enhanced and fostered by our
system of free enterprise and dynamic
growth.
I commend to my colleagues a per-
ceptive analysis of this dynamic move-
ment and the future it holds:
The Dynamics of the Free Enterprise
Ststem
(By Robert P. Gerholz)
Thank you. Thank you very much. I am
greatly honored at this invitation. It Is a
pleasure to be here.
I believe there is nothing more Important
in these swiftly changing times than a con-
tinuing and meaningful dialogue between
the business and academic communities and
I am privileged to be able to participate in it.
I welcome this opportunity to share, with
you some of my observations, experiences,
optimism, spadework and above all, my faith
in the free enterprise system and my confi-
dence that it is destined to play a vital role
in solving society's problems.
A BRIEF HISTORIC FRAME OF REFERENCE
We lack experience with the culture cre-
ated by the scientific revolution. We have not
adjusted our behavior to the knowledge w-e
now have gained. Mankind or his erect rela-
tives have lived on this planet at least four
million years. If we consider just the his-
tory of the past 50,000 years of mankind's
existence, and divide them into lifetimes of
62 years each, we ourselves live in the eight-
hundredth lifetime. Now then, mankind has
spent 650 such lifetimes in caves. Writing
has been possible In only the last 70 life-
times. Only during the last six has printing
been, available. We have been able to measure
time precisely In only the last four. The
electric motor came along only during the
last two. In our lifetime we face the revolu-
tion in knowledge made possible by elec-
tronics, cybernetics, nuclear and biological
engineering, and space science. We are going
through cultural shock, what the writer Al-
vln Toffler calls future shock. Because we
have such small experience with the culture
we have just now created, we are likely to be
making some blatant errors In the way we
do things which nevertheless our leaders con-
fidently believe are just exactly right for us.
The context of ecology illustrates our pro-
clivity to error. Ecology, Garrett Hardin
points out, teaches us that "you cannot do
only one thing." Large scale and fundamental
technology like ours interacts with the en-
vironment to produce unexpected and un-
wanted results, but these results could be
foreseen if we perceived events In broader
perspective. Interdisciplinary study and sys-
tems analysis in essence mean the broaden-
ing of perspective. Our complex systems
where everytliing depends on everything else
do not respond to simple solutions. In fact,
the chances are that our intuitive and simple
solutions are likely to worsen matters. Urban
renewal, slum clearance, public housing,
farm subsidies and many other such simple
enlhusiasms illustrate this truth.
In our hyper-critical world, perhaps no
country, no system and not set of political,
social or economic institutions, come In for a
larger share of criticism than the American
free enterprise system. This, despite the fact
that it 1-. conceived and based on enlightened
capitalism and constitutional democracy, and
has proved to be the greatest economic sys-
tem the world has ever known. Much ma-
ligned as it is by Commi'nlst propaganda, the
U.S. nevertheless feeds much of the world —
including, at time, Commvmist Russia.
Can the essence of our great enterprise sys-
tem be def ned. described, and analyzed in
a few brief paragraphs? Permit me to try! To
465
me, the American free enterprise system Is
"We the people." It is not owned by, or spon-
sored by, any of the Federal, state, county,
or city governments, nor Is it designed to
serve the interests of a single class, racial
group, or political pa-ty. Rather, It Is owned
by, and influenced by, us the people. It Is
W' who make It function fr all. It Is a sys-
tem In which more than 82 million people
work hard to supply the products and serv-
ices demanded by millions of people. It Is
the most hlghly-develi^ped example the world
has ever seen of the immutable law of supply
and demand. It can, therefore, best be de-
scribed as the "freedom-of-opportunity" sys-
tem. A system in which each person Is free
to learn as much as he desires; to work as
hard as he wishes; to be paid In proportion to
his efforts. A system in which the Horatio Al-
ger story is told and retold, every day of
every week of every month of every year. For
truly it can be said that a man can advance
as far as he wants to go, dependent only on
his capacity for knowledge, productivity and
creativity.
A system which is almost perfect in this
virtually continuous availability of freedom
of opportunity — but a system which has
never been, nor ever will be, perfect In Its
operation. Perfection is always a desirable
goal, but it is unattainable In a system which
Is so Inextricably bound to be an interweav-
ing of checks and balances. Strong local and
national uiilons: strong individual manage-
ments and associates; government In the role
of a strong moderator and arbitrator — all
combl.ie to produce a balanced economy — the
strongest the world has ever known. An econ-
omy that produced, when I started school In
1901, a gross national product of 20.7 billion
dollars; that produced, when I started In
business in 1922, a gross national product of
76 billion dollars; that will produce in this
year that I am meeting with you, a gross
national product In excess of 1130 billion
dollars.
The fact that economic growth Is not with-
out Its social benefits as well as Its social
costs may seem to many so obvious that It
needs no further elaboration. But it may
serve a constructive purpose at this stage of
national debate to highlight some of the
positive^ attrlbvites of a high and sustained
rate of/ national production. Those who can
recall ,the great depression will well remem-
ber that just a generation ago a third of this
nation still found itself lll-clothed. Ill-
housed, and Ill-fed. Today, poverty Is far
less widespread. Even so, nearly a tenth of
all families remain at or below the poverty
level, as currently defined. Given sustained
growth In national output over the two
decades ahead, the economy's Ir.creased ca-
DECity to alleviate poverty could reduce the
number with Incomes below $5,000 to 3 per-
cent. No other nation In the world has ever
achieved so complete a transformation of its
income distribution in so short a period of
time.
Still another positive accompaniment of
rlslnt; economic growth has been our In-
creased Investment in human re.source.- In
the form of higher edxication. A generation
ago, fully half of all adult AmerlcRns had re-
ceived only an elementary education, at best.
In contrast, over half of all adult population
In 1970 had completed high school, moreover
20 percent had gone to cohege as against 7Vi
percent In 1940. As oi^.e of our lareer In-
dustries, education employs some three mil-
lion people and Is used bv 25 percent of our
citizen?. From 1950 to 1971 tie budget for
the U.S. school system rose from $8 billion
to $73.6 billion — an 800 percent increase.
During the same period the gross national
product rose 250 percent. Tragically. desp«te
massive doses of tax funds doled out in the
last 20 years, education is In deep trouble. Its
problems are financial, social, philosophical
and managerial — problems so great that we
cannot expect educators alone to solve them.
166
. ust as our technology Is geared to produce
letter products In the most economical way,
ue should make education an Increasingly
I lore efficient and effective process. Account-
£ bllity is the keystone to effective education.
Our society needs more goods and services
c f many kinds; better housing. Improved
r lass transportation, more adequate facilities
1 3r health and education, and increased pol-
, 1 ation control. It Is likely that the funds
1 3r such Investment will not come from the
,c utback In the production of cosmetics, for
1 ^stance, but from an overall increase In na-
t lonal output. Moreover, a reduction In
g rowth would result in a severe blow to the
aspirations of the economically dlsadvan-
tiged. especially minority groups. Looking
teyond our shores for the developing and
I nderdeveloped areas of the world and their
r sing expectations? This is no plea for "eco-
romic growth at any price." particularly at
t le cost of further environmental deterlora-
t on. Instead, the emphasis here Is upon the
positive contribution a more productive
s )clety. alter as It now Is to the threat of
e rological disaster, can make toward the
&>lutlon of Its social and cultural as well as
II s ecological problems. Thus, looking at the
ti)tal environment of the nation. It seems
p robable that direct attempts to reduce GNP
g -owtlx would create many more problems
tl lan they would resolve.
American businessmen today need a rev-
o utlon In communications. By our silence
we are defaulting on our very real responsl-
b Jity to defend the American system of free
e iterprlse against assault by an Increasing
h >st of critics across the land. The recent
tiend of the public dialogue has been over-
whelmingly toward what Is bad with Amer-
Ic ft. Dissatisfaction and distrust for so-called
ei tabllshment Institutions have replaced re-
s; ect and pride In traditional values. The
b ^autlful, the strong, the solid, hopeful and
n sourceful qualities of America are obscured
ir the ugly, dispirited, divided portrayal that
h Ls become so familiar today.
Many of the adverse opinions of business
ai id Its ultimate worth are the products of
t( day's overall negative atmosphere. They
ai e Impressions that can be refuted by facts.
B It business seems to have lost Its voice
Jist when It needs It most. On the other
hi ind, the more radical opponents of busl-
niss are at no loss for words. Unhampered
b; • respect for truth or any sense of responslA
blUty, they hammer away at the system. An
ir creasing number of Americans are listen/
Irg to them, and believing them, because
tl ey hear few other voices. It Is hard to see
hdw anyone weighing the accomplishments
of the last two hundred years could favor
al Oilshlng the system that made them possl-
b!?. The time has long passed whon the
businessmen of this nation could afford to
le , our case before the court of public opin-
io 1 go by default. We can begin by communl-
catlng a vital truth to the sincere critics of
American business. That truth Is our goals
ar ;. mainly, the same as their goals. We are
Wdrklng to abolish poverty In the only way
It can be abolished — by providing Jobs. We
ar 5 fighting racial injustice the best way we
ca n — with fair employment practices. We are
nc t blind to urban blight. Environmental
pcllutlon Is our frustration too. What makes
ou r critics believe that business Is less con-
ce-ned about the national quality of life
thin Is government, or the academic com-
m mlty. or youth?
The alternative to a society based on proflt-
miitlvated free enterprise is a society based
on compulsion, a government-planned and
CO itroUed economy and loss of Individual
fr« edoms. We need not look Into ancient
hi tory to find examples of such societies.
Tl- ey exist today— to the shame and debase-
m( nt of their people. Business alone has the
ne irest thing to the right combination of
fa( ilitles. techniques and talents needed to
rel ulld our cities, to raise the quality of our
EXTENSIONS OF RExMARKS
natural environment, to create Jobs and
abolish poverty, to extend the benefits of the
American system to all our people, and to
restore the sense of balance and direction
we seem to have lost.
Six years ago, my wife and I visited Greece
for the first time. Magnificent experience.
Poor country, but a wonderful country: won-
derful people. I read several books before I
went over and we were fortunate In having
a young lady Interpreter who spoke perfect
English and was an historian and an archae-
ologist. The age of perlcles was a "Golden"
age. It's called that In the history books and
it was. These people over a period of time
became largely free from want, illiteracy and
disease. Then they tried for the fourth free-
dom— the so-called "wonderful freedom" —
freedom from responsibility and the golden
age of perlcles was no more. If I had any
hope for the future. If I were to make a toast
for the future, I would hope we would never
arrive at a period when we were free of In-
dividual responsibility — not merely for the
operation of our family, our churches, col-
leges and universities, our political machines,
our cities, our communities, our country,
but the operation of our own individual self,
spiritually, politically, culturally, socially,
economically.
^ Our business Is on the threshold of an era
In which yesterday's problems are becom-
ing today's opportunities. And in the name of
corporate social responsibility, we are be-
ginning to turn obstacles Into springboards.
Today In an age of rising e.xpectatlons. where
Improved technology and rapid communi-
cation, fuel people's hopes of a Job for every-
body, a good home for everybody, good health
and nutrition for everybody— among the
many, other egalitarian and humanitarian
goals our society has set for itself. But we
are Just now beginning to look at what Is
possible as well as what Is desirable — to ex-
amine ft-hat we can realistically expect from
ourselves and then establish the order in
which we wUl achieve It. Industry Is deter-
mined to promise only what It can deliver
In areas of social concerns. The primary so-
cial responsibility of the economic sector,
the business sector. Is to generate the
wealth — that Is, the money, Jobs and goods
and services — the wherewithal which enables
• the other sectors of society to carry out their
primary social Jobs. 'Whatever else the busi-
ness corporation can and should do to help
solve social problems in the process of mak-
ing a profit. Its first social responsibility Is to
produce the wealth required by all of so-
ciety's Institutions — public and private — so
that they. In turn, can do what they, are
supposed to do. y
Our society today demands Increaslrj^par-
ticipation — and as we participate, ife are
asked to account publicly for our actions. To
provide more of the Information that builds
confidence and public understanding. In the
light of recent International events, it is
perhaps not Inappropriate to remind our-
selves of the ancient Chinese proverb that
"The longest Journey begins with the first
step.'" This we have taken. What next? Well,
we're on the move. We must move expedi-
tiously to Integrate social concerns Into new
and old Institutional frameworks of our
business. And this returns us to our opening
theme — How to harness society's demands
for a higher quality of life to the economic
generators of business.
As I reflect on the parlous temper of our
times and «ie great gift for mutual under-
standings w*lch meetings like this afford, I
experience a deep sense of faith in the future
of our common enterprise. We all recognize
dozens of developments even now beginning
to take shape on the horizons of the future.
We shall pursue them with Ingenuity and
dedication — the public must be well served.
Are we not required to contribute to the
blurring of the traditional and historical
boundaries which have set off the private
January 6, 1973
from the public sector? Are we not deter-
mined to contribute our share — and more
to Improving the quality of life In America?
No one. for example, makes news by remind-
ing us of how well our system — even with
Its flaws — Is working. No one makes head-
lines by recalling that today, as usual, the
American people are creating and using one-
third of the world's output of goods and
services, but have only six percent of the
world's population and seven percent of its
land area. No one creates a stir by reminding
us that today, as usual, most Americans did
not go to work; that more than one out of
three went to school. Another one out of
10 was over 65 and retired; that only about
87 million of our more than 208 million citi-
zens usually work. No oue arouses Interest
by pointing out that to produce a total na-
tional output of more than one trillion dol-
lars a year, about 81 million civilians work
a five day week. Yes. 82 million gainfully
employed at the highest wages and salaries
In history. That one family in six has an In-
come of $15,000 or more; that the middle
family Income Is about $10,000, and that only
one family out of eight Is poor.
But despite the fact these are not excit-
ing truths, the fact Is they do exist; these
events do take place; the American system
has and will continue to work. Refinements
may be needed or changes may be neces-
sary. No one claims today's system Is the
answer to problems fifty years from now, Just
as the system of the post World War I era
would fall to fill the needs of our economy
in 1972. For as our nation enters the decade
of Its 200th anniversary as a nation, we find
ourselves seeking longer and clearer perspec-
tives on the programs and directions of our
nation and our society. Whatever we under-
take— Individually, In small or larger groups,
In our colleges and universities, or as a na-
tion— will greatly depend on the understand-
ing which we apply to the economic means
through which we seek these goals. Our
American "system," which has surmounted
great challenges in the past, will continue to
serve us well In the future If we take pains
to explain and to understand its workings,
and exercise our every considerable powers
of choice In the Ught of that understanding.
Poised on the tiny planet we call Earth
stand the mighty engines, fiexlng rocket
muscles, crammed with computer brains-
eager and almost ready for their rumbling
Journeys to the stars. They measure thrust
in millions of pounds, costs in billions of
dollars and the man-hours already spent
on thehn are measureless.
On the front of the National Archives
Building In Washington Is the Inscription
"What is past is prologue." Much of tomor-
row can be predicted with confidence because
it has its roots in today. The American busi-
nessman has built the most creative and
productive economy in all history. But he is
oriented toward the future, and thus seldom
has a chance to see himself and his work as a
product and part of a unique and spectacular
historical process. Here is the story, in cap-
sule form of how this Nation's economy and
Its managers have come to be emulated, en-
vied, deplored and depended upon, around
the globe. As you move along the Inspiring
pathway of American History, you quickly
discover the reason for the greatness of this
nation. It Is the genius of the competent
businessman that combines labor, capital
and raw materials to produce a vast out-
pouring of goods for the enrichment of the
lives of the masses. It is the genius of the
worklngman, whose labor, self-discipline and
thrift are vital to the creation and operation
of modern Industry. It is the genius of the
great doctor that frees children from crip-
pling disease. It Is the genius of the talented
architect that creates magnificent buildings.
It Is the genius of the devoted teacher that
Inspires youth to greatness. It is the genius
of the dedicated public servant that enables
good government to survive.
January 6, 1973
Those who built this nation to its present
greatness believed In the Invincibility of In-
telligence, economy and hard work. Guided
by providence they entered a wilderness with
vision, mdustry, and courage. They took the
forked stick and made a steel plow. They
took the rude sickle and made a reaper. They
took the wagon and made an engine, an
automobile, an airplane, a tractor. They made
an Iron thread Into an ocean cable, rough
type Into great color printing presses, and
steel beams Into soaring skyscrapers. They
made forest trails Into magnificent highways.
They put the little red schoolhouse and the
little white church on a thousand hills.
America Is great because Individual men
have freedom and equality, because Indi-
vidual men have been given the Incentive to
create, to produce, and to save, because indi-
vidual men have been rewarded for their
labor with a generous share of the goods,
they helped to produce. America has taken
Its place among the great civilizations of
history because the cornerstone upon which
the republic rests Is the social, economic, and
spiritual betterment of Individual men.
To men and women of great vision, dedi-
cation, courage and faith, I want to share
this prayer— God give us men! A time like
this demands strong minds, great hearts, true
faith and ready hands; men whom the lust
of office does not kill; men whom the spoils
of office cannot buy; men who possess opin-
ions and a will; men who have honor; men
who will not lie; men who can stand before
a demogogue and damn his treacherous flat-
teries without blinking; tall men, sun-
crowned, who live above the fog In public
duty and In private thinking. — Josiah Gil-
berg Holland, 1819-81.
ADDRESS OF HON. RALPH FALCO,
OF SYRACUSE, AT THE TESTIMO-
NIAL DINNER IN AMSTERDAM,
N.Y., FOR ANGELO "SUSIE" SAR-
DONIA ON NOVEMBER 4. 1972
HON. SAMUEL S. STRATTON
of new YORK
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. STRATTON. Mr. Speaker, last No-
vember the people of my home city of
Amsterdam, under the leadership of the
Columbian Social Club, tendered a testi-
monial dinner to one of the great leaders
of our community, Angelo "Susie" Sar-
donia. an alderman of the city and long
an effective leader in community affairs.
Principal speaker of that affair was the
Honorable Ralph Falco, a former Am-
sterdam citizen, businessman, and com-
munity leader, i^'ho came from his pres-
ent home in Syracuse to pay a well-
deserved tribute to his longtime friend
"Susie" Sardonia.
Under leave to extend my remarks, I
include at this point the text of the re-
marks of Mr. Falco, which I am sure will
be of great interest:
Ancelo "Susie" Sardonw
Who Is this Angelo "Susie" Sardonia being
honored this evening? What has he done to
warrant this testimonial? This is a question
being asked by some.
Well, as a proud native born and devoting
most of my 70 years to the 5th Ward. It has
been my privilege to observe Sue's actions In
our neighborhood. Religious, civic, social, pa-
triotic and f amUy life.
Too many people tend to overlook those
who have devoted much of their life through
EXTENSIONS OF REMARKS
hard work and sacrifice to themselves and
their families to making their community
and their country a better place In which to
live.
During all of my years in public affairs. It
was my privilege to meet many wonderftil
men and women In all walks of life and one of
the men who Is "tops" In £u:compllshments Is
Sue Sardonia. He lived up to the heritage be-
stowed by his wonderful parents, I knew them
well. This Christian father and mother
team — religion was their first priority. True
Catholics.
THIS IS TOUR LIFE, ANCELO "SUE" SARDONIA
It all started In a smaU town— Acerenza,
Potenza, Italy. There a young lady, Angelina
Monaca (nun) met and married a gallant
young man. Sardonia.
With two daughters, Mary and Catherine,
they left Italy to settle in Poultney, Vermont
where your dad found employment In the
slate quarries. His work taught him to be-
come fearless as he climbed up and down the
quarry pits It was in one of these quarries
that you and two sisters almost met with
tragedv while sliding on Ice formed over the
slate In the quarry — while the Ice was crack-
ing and pulling you downwards, your bra%'e
father reached the pit in time to save you
from being swallowed beneath the ice and
sharp slate. Thanks to your brave father
"Sue " or there would have been no "testi-
monial tonight." I knew and respected him
verv much.
Now we come to Angelina, your saintly
mother. Yes. I can still see her as she clung
onto the armory wall, tired but always walk-
ing, every morning back and forth to her
church with t€n children, six girls and four
boys. She was qtrite a busy mother but al-
ways managed her\ttendance at daily mass.
Born In Italy were' your sisters, Mary and
Catherine, and here In America, your sister
of happy memory Rose, then the happy oc-
casion their first boy — you! Angelo. then
Ann. Betty. Donata. James and then for good
measure a couple of more boys, Anthony and
John.
Your parents decided to move to Amster-
dam a growing community with plenty of op-
portunities for young people. Your dad was
employed by the then New York Power and
Light Company where he becomes foreman.
Quite an accomplishment in those days. But
CO make ends meet, it was necessary for team
work and so dad dnd mom would work a gar-
den In the early morning hours and often
work until dusk.
While Pa and Ma worked the garden, the
children sewed buttons on cards as did most
southslde children during those "child labor
days." I am familiar with this task because
together with my sisters, I also Joined the
child labor market. Even though I always
agreed that young people should be kept
busy, I personally never enjoyed sewing but-
tons on cards and became an early drop out.
I understand that Sue followed my career as
a drop out by continuously losing costly
needles.
The Sardonlas resided In the 5th Ward
where neighbors learned to know and appre-
ciate this most unusual family who always
went out of their way to ijecome "good
neighbors." During harvest time. Ma and Pa
Sardonia always shared much of the fruits
of their labor with friends and neighbors.
This outstanding trait became a genuine
characteristic of the children. Love of neigh-
bor!
Papa Sardonia was known for his love of
nature, plants and especially trees and was
known as the neighborly "tree surgeon".
While trimming one of his neighbor's trees
at the age of 64, he fell and was fatally
Injured losing his life In the service of his
neighbors. Mama continued at the helm and
lived untU age 86.
A daughter. Mary, the first child I knew
well during our days as co-employees at the
467
then Mohawk Carpet Mills. She lived up to
her mother's religious faith by quitting work
at the factory and becoming a nun now In
her 48th year of teaching and currently sta-
tioned in Hudson. N.Y.
Sue's young sister. Donata, a beautiful
young lady that I thought would end up In
Hollywood, finally ended up being courted by
a handsome young man and Is now the queen
at the Chlara household. Under the careful
direction and guidance of Ma and Pa Sar-
donia, the .Sardonia chUdren are all happUy
situated.
With this background of love, hard work
and faith it Is no surprise to find so many
here this evening to honor a young man for
a Job well done. I have known Alderman Sar-
donia well for a long, long time and I'm sure
happy to Join with you in this testimonial
to a most unusual man.
Sue married Helen Relchle. a falthftil wife
and mother of Sue's three wonderftil chil-
dren. I know that this saintly wife, mother
and grandmother of happy memory Is look-
ing on tonight to say — "You deserve all this
Sue. I know."
I need not repeat his many deeds and
accomplishments, you know what they are
and that's why you are here. I do however,
wish to touch on the few outstanding events
and deeds that I am familiar with and will
list them briefly.
1. Of first priority is his character. He Is
well bred, loves people like brothers and
sisters.
2. One of his finest traits is his sense of
humor, always happy, laughing, humorous In
every area of his activities — remember the
many plays where he portrayed the comedian
so well and always for a good cause. "Hla
Cumber is his greatest salutation. With a
Jovial gesture of his arm. I can still hear
him — Hia Ralph — Hla Marie — Hla Cumbar!
He has many more cumbares than any man
I have ever known.
Remember him In the ring back of Lanzl's
where he received his "Dale Carnegie" course
In "public speaking". "And in this corner
ladees and gentlemen. We have Mat Per-
fettl — Measles Rocco. etc.. etc.
3. His patriotism Is outstanding — you know
the greatest, proudest and most notable
achievement of his life is his work during
the Second World War resulting In the most
beautiful memorial In this country honoring
our 5th ward boys and girls, those who
served and returned and those deceased. A
5-year project.
This great deed alone Is worthy of docu-
mentation In book form.
4. Recreation — Yes, he promoted recrea-
tion, all forms of recreation for young and
old.
Remember. Port Jackson Boccl Club—
Softball league; Fifth Ward Bowling League —
Sec. 20 years, Fifth Ward Playground for
Children.
5. Church — Sue Is a member and a ven-
dedicated parishioner of Our Lady of Mount
Carmel Church. Has participated In and di-
rected many fund raising events for his
church. On parish council.
He Is chairman of the building and ground
committee. Active member of Holy Name and
St. Anthony Society.
Works for the Boy Scout troop and Our
Mount Carmel Mardl Gras.
6. Ciiic activities
I have personally been Involved In politics
and government for more than 50 years and
one of my main concerns over the years had
been searching for better candidates and help
recruit them for public office. As I watched
Sue In his many and varied activities. I sug-
gested that he run for alderman. I thought
so much of his ability that I asked the Re-
publican Party to endorse him They refused.
He must be doing an excellent Job. he has
held the post longer than any other man.
I would suggest that you elect him mayor
468
fj
\r3
tw€ e
so ihat another person may assume the post
as ildemian.
Service Men's News
ijedlcated to the south side boys.
atiaging editor — Angelo Sardonia.
ems from a few of the Issues:
r almost three i^ars "Service Men's
was the media for communications be-
n our sen'lce men stationed in all mill-
areas in the world and their parents,
Ives and friends.
Items
■rvice men on leave — Reinforcements on
way.
\teddlng bells — Contributors.
C'.ir loss— Father Reldy — February 16,
194 (—President Roosevelt— April 12*.
L itest arrivals — Honorably discharged.
Shorts column— A request*.
short shorts — Final issue* victory V.E.
I
1
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tW(
tary
rel^t
S
the
Da-.
Poe Tis
776
Pr:-
Mel
■•]
Mir
Bel
Masterpieces
:Tie Weary Soldier" By Zip Blanchl APO
L Tribute To Our War Heroes" By Mrs.
:i!Ia Zumb •: >. MonglHo
n Memorlam to Father Reidy" by Ralph
llo.
:i Gods Country" By Joseph Greco/
ael Manclnl.
1 Hood and Guts Is on the Ride" By Peter
Ine.
lesohitions" By Peter Be'.dine
Stall From Home" By Pvt. Michael Natale.
A
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It
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on
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Y
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pride
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Fo
PERSONAL TRIBUTE TO HON.
WILLIAM M. Mcculloch
HON. GERALD R. FORD
OF MICIUG.A.N
n< THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. GERALD R. FORD. Mr. Speaker,
we ill know of the tremendous service
rendered by our former colleague, Wil-
M. McCulloch. during the quarter
century h€ spent in this House.
is therefore appropriate that a friend
ll's. James F. Dicke II, international
operations manager for the Crown Con-
trol ; Corp. of New Bremen. Ohio, should
hav ' put into words the feeling that we
all liave for our retired colleague.
With the imanimous consent of the
Hou se, I would like to insert a letter from
Mr. Dicke to Bill McCulloch— a letter
of personal tribute — at this point in the
Rec 5RD for all Members to read. The
letter follows:
New,' Bremen. Ohio.
December 18. 1972.
Hon KVlI.l.I.\.M M. McCxTLLOCH.
Member of Congress,
Waf inq'on. DC
Di \R Bill: Tills is a note to thank you for
the 1973 Congressional Calendar and for
mnri Upon receiving the calendar this year.
the '■ oueht occurred to me that this will be
the la.st Congressional Calendar I will be
rccel ,ing from your office. It is with sorrow
and reflection that the members of your
cons ituency view your much deserved re-
tlrenient from a life of public service.
have represented our district in a
r that reflects a sense of honor and
in us. It has been a representation In
lame of views which are not narrowly
i>an or narrowly pointed at a ccnstlt-
r. It has been a reflection of what has
best for our nation as a whole; It has
a service that has been greatly appre-
me personally, however. It has been
EXTENSIONS OF REMARKS
even more than that. Now corporation execu-
tive, I learned many and valuable lessons at
your hand. The desire to never ask anything
of your staff that you wouldn't do your-
self . . . the approach to each problem with
an open mind . . . the willingness to spend
the time to instruct and reflect. It was an
honor for me to have once been a part of
your summer staff. It was the most con-
structive and the shortest summer I have
ever spent. It was the summer of 1966.
That summer there were the early morning
meetings each day with the President . . .
with the Attorney General . . . with Chairman
Celler . . . with Leader Ford . . . with the
Judiciary Committee . . . with the entire
leadership . . . and with countless others in
an attempt to help further the cause of Civil
Rights. That summer the passage of the Civil
Rights BUI faUed, but you did not. Similar
legislation was reintroduced a short time
later and was passed.
Much has been said about your Civil Rights
efforts. So much has been said In fact, that
it would seem to overshadow a career that
has been a fiscally responsible string of In-
spired service. I won't belabor the point with
a string of praises. It wouldn't be fair.
Just allow me to say "thanks" to vou and
to that lovely tower of strength, Mabel, for
representing the Fourth District of Ohio and
our nation.
With every good wish, I am.
Sincerely,
1 James P. Dicke II.
January 6, 1973
ELECTION DAY REFORM BILL
HON. WILLIAM J. KEATING
OF OHIO
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. KEATING. Mr. Speaker, today I
am introducing legislation declaring
election day a national holiday. This
holiday bill has been introduced before,
but hearings have never been held. The
low turnout in this year's election, 55
percent of the eligible voters, clearly
• demonstrates the need to take some ac-
tion.
Title I will declare election day to be
a national holiday.
Title II will create simultaneous vot-
ing hours throughout the continental
United States in presidential elections.
Simultaneous voting hours should be en-
acted to prevent projected election re-
sults of Eastern States from having an
effect on voters on the west coast.
Title III directs the Election Clearing-
house of the General Accounting Office
to report to the Congress, 1 year after
enactment, on the feasibility of moving
the election date to October, and prob-
lems relating to voting efficiency such as
the number of precincts and ballot size.
By moving election day into October,
campaigns would be shorter, less expen-
sive, and the weather would be more con-
ducive to a larger vote. The present elec-
tion date was established by Congress in
1845.
One disturbing fax:tor in the past elec-
tion was the paradox of a low voter turn-
out and reports of long waiting lines at
the polls. From 1960 to 1970 the number
of precincts dropped while the nimiber of
eligible voters increased by 30 million.
The extremely long ballots in some States
also reportedly discouraged some voters.
The right to vote is the most ba^ic
civil right Americans possess. Each citi-
zen should have the opportunity to vote
with the minimum of inconvenience. De-
claring election day a national holiday,
simultaneous voting hours, and the addi-
tional study will better enable all people
to exercise their basic right to vote.
The Cleveland Plain Dealer, in an arti-
cle reviewing the past year, described
the election snafu which occurred there.
This was the No. 1 news story of the
year in the Cleveland area. The article
which appeared o"n January 1, 1973. and
a copy of the legislation follows below.
[From the Cleveland Plain Dealer, Jan 1
19731 ' '
IdAT Election SNAFU Dominated 1972
Events
(By Thomas J. Brazaitls)
If any event of 1972 made even a slight
impression on the sands of local history, it
was the day the system broke down.
The date was May 2, the time about 6:30
a.m. Telephones jangled Incessantly on the
second floor of the gray, bo.xv building at
the corner of E. 24th Street and Payne Avenue
N.E., headquarters for the Cuyahoga County
Board of Elections.
At voting places here and there across
the country, grim lines of voters, some of
them 18-year-olds waiting to cast their first
ballots, stood in front of locked voting ma-
chines or at broken-down machines, or at
machines bearing the ballot of an election
past.
Tlius began the election that wasn't, the
story of the year.
What was to have been the first totally
mechanized election in the county became a
fiasco of colossal proportions.
In an unprecedented order, U.S. District
Judge Frank J. Battlsti extended voting hours
to 11 :59 that night after thousands of voters
were turned away because of logistical
failures.
It took a special court-ordered election
the following Tuesday in 34 precincts to
clean up the badly flawed primary.
George E. Plagman, the voting machine
supervisor, tried to shoulder the blame.
"I goofed," he told a nationwide television
audience.
But newspaper editors and opposition-
party politicians demanded the scalps of the
election board members. Before they could
be summarily lynched, the board rnembers
ordered an investigation of themselves and
their operation.
The story dominated headlines for days as
red-eyed workers counted and recounted
votes. Democrats George McGovern and
Hubert H. Humphrey waited impatiently. By
the time all the ballot.s were accounted for,
interest had shifted to prlmarlts in other
parts of the country.
Just when the investigation by a blue-rib-
bon panel was heating up. Joseph A. Cipol-
lone. the elections director, resigned. Clpol-
lone thus nominated himself as sacrificial
lamb on the political alter. Others were
spsrod.
Secretary of State Ted W. Brown, while
on a seemingly innocent visit to Cedar Point,
reopened the case by sending telegrams to
♦hree of the four board members, notifying
them they were fired.
When his action was overturned by the
Ohio -Supreme Court. Brown settled for put-
ting the board on probation until the No-
vember election. The investigators' report
said Brown was as guilty as the board mem-
bers in causing the election breakdow..
Under new Elections Director Virgil E,
Brown, who introduced a failsafe system of
''hecks and double checks, the November
voting was almost flawless. And. at least for
the moment, the election board was off the
hook.
January 6, 1973
EXECUTIVE PROTECTION SERVICE
HON. EDWARD I. KOCH
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Saturday. January 6, 1973
Mr. KOCH. Mr. Speaker, street crime
in our cities continues to plague our citi-
zens. Too many feel they are prisoners in
their owti apartments after dark. While
simply h'lving more patrolmen on the
beat will not solve the problem, it will
ameliorate it. One measure I reintro-
duced on the first day of this Congress
would help in this fight against crime by
giving the Executive Protection Service
permanent responsibility for guarding
foreign missions throughout the country.
thus relieving local police of this duty.
The Executive Protection Service was
established as an adjunct to the White
House Secret Service to protect foreign
missions in the District of Columbia. New
York City has been particularly hard hit
by the demands on its police depart-
ment for the protection of foreign mis-
sions. The drain on the city is felt both
in the police manpower not available to
patrol the streets and in the nearly $2
million a year' the city pays for this guard
service. Crime in the 19th precinct, where
most of the consulates are located, has
spiraled so that the area is now first in
Manhattan in auto theft and second in
burglarj'. Stores keep their doors locked
during daylight hours and many busi-
nesses and residents have hired their
own private security guards.
New York City is not the only city that
will receive relief from this bill. It will
also assist other major metropolitan
areas such as Boston, Chicago, Baltimore,
Philadelphia, Detroit, Los Angeles, San
Francisco, St. Louis, Richmond, New-
Orleans, Denver, and Kansas City. Each
of these cities has a number of consulates
located within it.
It is not fair that we place this burden
of police costs and the removal of police
from regular duty for the protection of
foreign missions on the cities already
burdened with financial and police crises.
The United Nations and foreign consu-
lates do not serve just the particular city
they are located in, but the entire coun-
try. It is only appropriate that the Fed-
eral Government provide the consulates
with the guard service they require as
they do in Washington, D.C., and absorb
the full cost of special police protection.
I hope this bill will receive speedy and
favorable consideration by the 93d Con-
gress.
RETIRED FEDERAL EMPLOYEE AN-
NUITY INCREASE BILL INTRODUCED
HON. JEROME R. WALDIE
OF CALIFORNIA
IN THE HOUSE OP REPRESENTATIVES
Saturday, January 6, 1973
Mp. WALDIE. Mr. Speaker, I am
pleased today to introduce what I con-
sider to be one of the major bills to be
considered in the 93d Congress by the
EXTENSIONS OF REMARKS
House Post Office Committee and its
Retirement Subconmiittee, which I chair.
This bill, which will increase the annu-
ities of those Federal retirees who need
greater benefits the most, is a fair and
equitable bill and ought to be adopted as
soon as possible.
The bill also contains a provision
whereby a minimum level of benefits is
created to match that minimum set by
the social security system.
Mr. Speaker, the retirees who left the
Federal Service prior to October 20. 1969,
receive a lesser level of benefits than do
'•etirees who left the Service after that
date. This inequity caused by amend-
ments to the retirement law. can be cor-
rected by passage of this bill.
I am very hopeful that these loyal
Americans, who dedicated their lives to
serving the people of the United States,
can be treated justly and fairly and that
the Congress will see fit to pass this bill
into law.
AMERICA'S GOOD NAME
BESMIRCHED
HON. JONATHAN B. BINGHAM
OF -NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. BINGHAM. Mr. Speaker, for the
United States of America this was the
mcvst miserable Christmas season in
memory. I have never knouTi a time when
so many people felt too sick at heart, too
ashamed of their country, to celebrate.
Even in the depth of the depression in
1932, even in the first grim weeks after
Pearl Harbor, there was a sense of chal-
lenge, of determination, of unity in the
face of deep trouble. In the 1972 Chri.st-
mas season, however, in spite of all the
glitter and surface gaiety and apparent
affluence, there was a choking sense for
many that our country had reached a low
point in its history. Even people who up
till now have supported the war, justify-
ing the bombing as a matter of military
necessity, have seen the recent phase
as the action of a giant bully trying to
torture a weak adversary into submis-
sion over what had been described as
an inconsequential area of disagreement,
and had been horrified.
For the benefits of my colleagues, I
want to quote from three doctunents. The
first is a letter from a man of 71, a staid,
basically conservative historian who for
years was not convinced that the Viet-
nam war was a mistake. The day after
Christmas he wrote to me as follows:
I urge that you and your colleagues in the
House of Representatives impeach Nixon.
You know the grounds better than I.
I believe all wars to be cruel, although
sometimes they may seem to be necessary.
But our involvement in the Vietnamese civil
war was already proved to be a stupid under-
taking in Johnson's time. Now under Nixon
the good name of this country has been truly
besmirched. The useless bombing of a small
country who.5e leaders refuse to bow before
us will be a cause for shame for ages to come.
The Democratic i>arty, which has a clear
majority in both houses of Congress, must
come out against Nixon's Vietnam policy. If
we had a parliamentary form of government
469
(which we do not), the Democratic leader-
ship could call for a division and. if neces-
sary, go to the people in a special election.
Under our Constitution you and other
leaders in the party cannot do that. But you
can bring Impeachment proceedings jigalnst
a president who has so obviously gone against
the popular wishes In prolonging our part In
the Vietnam civil war.
Nixon probably could not and still cannot
"stop the war" between the factions among
the Vietnamese. But he has failed the people
of the Unitsd States by not putting an end
to our participation in the conflict In the
way he led our people to expect him to do in
1968 and in 1972.
Regardless of what Nixon. Kissinger and
company can accomplish in the days ahead,
and of course I hope they can bring about a
ceasefire, the record of what Nixon is respon-
sible for (loss of life by bombing, etc) dur-
ing four years of his presidency should be
sufficient for charges against him as severe
as those brought against Nazis and Japanese
at the trials in Nuremberg and Tokyo after
World War II, high crimes Justifying Im-
peachment.
The second document I want to quote
to you is a statement of protest entitled
"We Are All Guilty" written during
Chi-istmas week by a joumalist-lawyer-
author who has long opposed the war:
We Are All Gotlty
Men, women and children are being mur-
dered in Vietnam — dismembered, crushed,
burned, disembowelled — by the hundreds, by
the thousands, day by day.
Never in history has the world witnessed
a slaughter like this, where the killers sit
safely at home wishing each other Merry
Christmas and Happy New Year, while the
Instruments of death they have fashioned
and launched lay waste whole cities, extermi-
nate whole populations, on the other side of
the world.
All of us. because we are Americans, share
the guilt. It is our President whom we have
Just freely elected by an overwhelming ma-
jority. It Is our public servants, who are com-
mitting this crime against humanity. Yet can
we really be blamed?
Germans asked the same question of them-
selves a generation ago. How can we good
Germans, they asked, how can we civilized
Europeans, be held responsible If our country
is now a by-word for barbarity? We did not
know when we gave a mandate to Hitler that
he was a monster without a normal moral
sense. We did not know when we obeyed his
orders that what we were doing would make
our children and our children's children
ashamed of their country.
But did the Germans not know? Had they
not been warned? Were they really unaware
of the extermination camps?
We have not even their excuse. We can
watch, between commercials and football
games, the spectacle of burning cities and
tue maiming of children. And we were warned
In good time that It was something less than
an admlrabla character whom we were about
to make our leader for another four years.
Even those of us who heeded the warning
voted against him without enthusiasm.
Cassandras are not popular.
So now we. like the Germans, have a leader
who rules from a lonely mountain retreat,
whose concept of national "honor" is only his
own megalomania, whose tantrums mean
genocide. And our ruler, alas, has his hand on
the ultimate weapon, which the other only
dreamed of.
Is there anything we whose eyes are now
opened can do?
We have not yet lost otir threatened free-
doms. We still have a relatively free press
and men of courage to defend It. We still
have a Congress with the power of the purse,
and the even more fundamental power.
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thi ,nks to the Founding Fathers, to Impeach
ar.p remove a President.
we stlU have faith In the basic goodness
of [the American people we must believe that
we can regain control of our country, and
regain the decent respect of mankind.
beginning would be made If a significant
nulnber of public figures would boycott the
Ini ugural ceremonies on January 20th, and If
Ae lerlcans of conscience observed the day as
a c ay of mourning for an Irretrievable loss.
rhe third dcx;ument is an eloquent
st£ tement of outrage, written by Pete
H; mill, which appeared in the New York
Pqst for December 29:
What To Do
, L few years ago a woman named Kitty
ese was mugged and murdered on a
.• York street. There were 38 witnesses,
e who heard her screams, heard her
for life, and then pulled the window
s down and went back to sleep or the
sets. The story was widely quoted as an
1 rnple of the cold-blooded indifference of
Yorkers, and of how this city had be-
ne so thoroughly brutalized that It could
longer respond to a simple human plea
help.
Today, a country Is being murdered. Its
ne is North Vietnam. It Is being mur-
ed by the U.S. Air Force, acting under
' orders of Richard Nixon. There are plenty
witnesses. About 220 million of them In
s country alone. And if they remain silent,
y will share the guilt for murder of that
ntry. It Is like Kitty Genovese; we are
uman and guilty to the extent of our
ure "to get Involved."
rhe U.S. Constitution was designed to
and control berserk actions by a
and by the Es«cutlve Branch of
rernment. Presidents are not kings; they
e no Divine Right: and when they com-
; actions that are Immoral, or In violation
the Constitution, they must be stopped.
this country will cease to function as a
Constitutional democracy.
>Jlxon has again chosen a period when Con-
Is not in session to unleash his most
acts. He has unleashed the most
bombing campaign In human
>• against a country which has no ca-
to do the same thing to us. But Con-
can stop him, by simply cutting off the
It can stop the entire Defense Dept.
t, until such time as Nixon consults
and agrees to stop the murder,
rhe Senate will almost certainly vote to
off funds at some point after Congress
venes on Jan. 3. But the House of Rep-
ntatives Is another problem. Members
the House run for office every two years,
ich results In a notoriously soft area In
Congressional spine. Only the people
put some Iron Into their spine. They can
t by bombarding them with telegrams,
ers and phone messages. Indifference or
despair only feeds their basic cowardice
^eps. Bella -Abzug and Jonathan Bingham
e asked the Democratic Congressional
cus to go on record at its Jan. 2 meeting
>e day before Congress convenes) against
bombing campaign and for the immedl-
signlng of the October agreement with
North Vietnamese, which Gen. Thieu had
ected. They have been joined by Reps.
Badlllo. Carey, Chlsholm. Holtz-
n, Koch. Podell. Rangel and Rosenthal.
the caucus passes such a resolution. It
be a history-making event. The Dem-
still. after all. control Congress.
But there has to be more done than that,
in changing the minds of about
of the Congressional hard cases. These
men who are thought of as hawks, and
tough; in fact, they are merely
most timid men In Congress. They need
be talked to, to be reminded that it is
thin their power to act honorably, that It
fei oclous
m irderous
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EXTENSIONS OF REMARKS
does not mean much to be a Congressman
If that Congress gives away Us power over
the President. »
Since these statements were made,
the man who ordered the bombings
without explanation and without con-
sultation with the Congress has ordered
them stopped. But there is little con-
solation save for the thought that no
more Vietnamese civilians are presently
being slaughtered on the ground and
no more American fliers being shot
dOWTl.
We must guard against too great a
sense of relief. Unless the Congress acts
decisively, the order to bomb can be, and
may well be, given again. And so long
as Mr. Nixon attempts to achieve a set-
tlement which will satisfy the Thieu
regime, no cease-fire will be achieved and
the danger of the lethal button being
pressed again will be correspondingly
great.
The first thing the Congress must do
is make clear its outrage at what has
happened. The second Is to use its power
of the purse at the first opportimity to
insure that the bombing does not start
up again. As for impeachment, it has
become for me, for the first time, a pos-
sibility seriously to be considered; I per-
sonally would now be prepared to vote
for Impeachment. But a drive for im-
peachment would have no credibility un-
less it had some Republican support —
otherwise it would look like a forlorn
partisan political act by Democrats, still
smarting from an imprecedented defeat
in the presidential election. I see no
evidence as yet of such Republican sup-
port.
What should unite the Congress is
the threat to its own survival as a co-
equal branch of Government. The dis-
dain and disregard of the Congress dur-
ing the past year by Mr. Nixon has been
truly astonishing, especially for a man
who often boa.sts of being a "strict con-
structionist" of the Constitution.
During the days and weeks ahead we
shall see whether the Congress will prove
itself equal to the challenge.
An encouraging first step was taken
yesterday when the Democratic caucus
by a vote of 154 to 75, adopted the fol-
lowing resolution :
Resolution
Whereas, the President has ordered ex-
tensive military combat operations without
notification of, consultation with, or explana-
tion to the Congress, as evidenced by the
recent unprecedented and reprehensible
bombing of North Vietnam which resulted In
killing of civilians and a substantial Increase
In the number of American POWs and miss-
ing; anc^
Whereas, the U.S. has more than fulfilled
any obligation It ever had to South Vietnam
and the Thieu regime; and
Whereas, Section 601 of PL 92-156 (the
"Mansfield Amendment") established as
U.S. policy the withdrawal of all U.S. mili-
tary forces from Indochina by a date cer-
tam pending only release of American pris-
oners and an accounting of the missing;
Now therefore be it resolved, that the
Democratic Members of the House of Rep-
resentatives hereby declare it to be Demo-
cratic policy In the 93rd Congress that no
further public funds be authorized, appro-
priated or expended for U.S. military com-
January 6, 1973
bat operations In or over Indochina, and
that such operations be terminated immedi-
ately, subject only to arrangements neces-
sary to Insure the safe withdrawal of Ameri-
can troops and the return of American pris-
oners of war.
This statement was prepared for de-
livery in the opening session of the 93d
Congress on January 3, 1973, but could
not be delivered on that day, because
the House adjourned immediately after
completing the formalities of organizing
itself out of respect for Members who
died during adjournment after the 92d
Congress.
THE CONSUMER PROTECTION ACT
OF 1973
HON. CHET HOLIFIELD
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6. 1973
Mr. HOLIFIELD. Mr. Speaker, today
I have introduced, on behalf of Repre-
sentative Fr.ank Horton of New York,
the ranking minority member on the
Committee on Government Operations
and a number of other members of our
committee, the Consumer Protection Act
of 1973. This bill Is identical to H.R.
10835, which passed the House on Oc-
tober 14, 1971, by a vote of 344 to 44,
after having been reported by our com-
mittee by a vote of 27 to 4.
A related bill was reported by the Sen-
ate Government Operations Committee
but was filibustered to death in the clos-
ing days of the 92d Congress and, hence,
we were not able to go to conference.
Our bill will create a Consumer Pro-
tection Agency which will provide rep-
resentation for consumers and consumer
Interests before departments and agen-
cies of the Federal Government and the
courts. Such representation is sorely
needed as the extensive hearings which
we held amply demonstrated. The bill
will also provide a statutory base for the
Office of Consumer Affairs, now headed
by Mrs. Virginia Knauer and located in
the Executive Office of the President. It
will also create a Consumer Advisory
Council .<;o that consumers themselves
and persons familiar with their needs
can provide advice and guidance to the
two bodies referred to above.
We feel the House-passed bill will pro-
vide the best basis for our consideration
of consumer protection legislation in the
93d ConG:ress. inasmuch as it was ham-
mered out after considerable study and
deliberation on the ' a'-t of our commit-
tee. Of course, the bill as introduced is
not frozen and new informaMon and
ideas may result in some modific?.tions.
I am certain, however, that this Congress
recognizes the importance of providing
the type of representation that we seek
here and of giving further assurance to
the consumers of our Nation that the
Congress is aware of and responsive to
their pro'-lems.
We wi-i welcome additional cosronsors
and those who de-ire to join with us
mav ell mv office or that of Representa-
tive Horton.
January 6, 1973
STANDING COMMITTEE ON THE
ENVIRONMENT
HON. DONALD G. BROTZMAN
OF COLORADO
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. BROTZMAN. Mr. Speaker, I have
today introduced legislation to establish
a standing Committee on the Environ-
ment in the House of Representatives.
One hundred eighteen of my colleagues
have joind me in cosponsoring this im-
portant proposal.
When I first suggested a standing
Committee on the Environment for the
House, I expressed the concern that our
current method of considering environ-
mental bills is fragmented, and that such
fragmentation was preventing Congress
from taking a leadership role in the fight
for a quality environment. The interven-
ing period has further convinced me that
this was a correct assessment.
Environmental bills are referred to a
myriad of congressional committees. In
each case the committee receiving the
bill is chiefiy concerned with some other
area of legislative activity. While this
arrangement was satisfactory before the
increased awareness of environmental
problems took hold, we have now reached
the point where one standing committee
should be established to deal with air
pollution, water pollution, herbicide and
pesticide abuse, noise pollution, soUd
waste management, and weather modifi-
cation.
The House has twice recognized the in-
adequacy of its current committee juris-
dictions to deal effectively with environ-
mental legislation. In both the 91st and
92d Congresses, a joint resolution was
passed for the establishment of a Joint
Committee on the Environment. This
joint committee would have served a use-
ful clearinghouse function, but unlike
the standing Committee on the Environ-
ment, no bills would have been referred
to it and it would not have had jurisdic-
tion to report measures to the floor. Un-
fortunately, even this half-step joint
committee failed to become operational
since no conference report was ever filed
following initial House and Senate ap-
proval.
As a result, we now move into the 93d
Congress with no committee having gen-
eral environmental jurisdiction. Yet the
problems of environmental quality are
not vanishing. The number of bills in-
troduced to upgrade that quality con-
tinues to proliferate, and the leadership
in the environmental quahty crusade
continues to sUp by default to the execu-
tive branch of the Government.
The time has come for the House to
act. Creation of a standing Committee
on the Envirormient could be the one
step which enables this generation of
Americans to leave the earth, its atmos-
phere, and its waters in better condition
than we found them.
Cleaning up the environment is going
to be a costly operation. We owe it to
the American people to structure the
Congress in such a way as to allow en-
vironmental restoration to proceed ef-
ficiently. The executive branch, through
EXTENSIONS OF REMARKS
the reorganization which established the
Envirormiental Protection Agency, has
taken the lead in recognizing that envi-
ronmental problems cannot be solved on
a piecemeal basis. The House should do
no less.
I hope, Mr. Speaker, that action can
be scheduled on the standing Commit-
tee on the Environment at an early date
so that the House might begin to reap
its benefits during the 93d Congress.
CONGRESSIONAL REFORM
HON. PIERRE S. (PETE) du PONT
OF DELAWARE
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. DU PONT. Mr. Speaker, I have
today introduced two pieces of reform
legislation that I consider vital to im-
proving the performance of the Con-
gress.
The first deals with the composition of
House delegations to House-Senate con-
ference committees. It provides that a
majority of the House Members of a
conference committee shall have indi-
cated by their votes their support of the
bill as passed by the House and their
concurrence in the prevaihng opinion of
the House in matters of disagreement
with the Senate. V"
At least twice during the 92dy^ongress
difficulty was encountered in sending
bills to conference precisely, because the
votes of the membership of proposed
conference committees did not reflect
the position taken by the House in voting
on the legislation. This difficulty would
have been avoided if legislation such as
I am proposing today had been in effect.
Further, as a matter of fundamental
fairness conferees should represent the
position of the House. Everyone should
be able to agree to that.
I do not ask that all members of the
proposed conference committee have
agreed with the House position; only
that a majority of the conferees have
done so. Such a role would have avoided
problems in the past, and would be a
step toward making the action of House
more representative of the will of its ma-
jority.
The text of the resolution follows ;
Resolved, that the Rules of the House of
Representatives are amended by adding at
the end of clause 2 of rule X the following
new paragraph :
"A majority of the House members of a
conference committee shall have Indicated
by their votes their support of the bill as
passed by the House and their concurrence
in the prevailing opinion of the House on
matters of disagreement with the Senate.
The responsibility to insure that a majority
of the House members of a conference com-
mittee are in agreement with and intend to
support the significant provisions of the bill
as passed by the House shall rest with the
speaker."
The second piece of legislation I have
introduced today deals with a Member's
right imder present House rules to re-
vise and extend his remarks in the Con-
gressional Record.
That a Member should be able to cor-
rect typographical or grammatical er-
471
rors in his spoken remarks is proper;
that he should be able to engage in
wholesale revision of the scope, intent,
and substance of his remarks is not. It is
also proper that a Member should be
able to add material to his oral presen-
tation on the floor of the House if he
feels that it would clarify or reinforce
his argument. But it is not appropriate
that such additions should appear in the
Record as if he had spoken the written
words, when he in fact did not. Such Is
the case under the present rules of the
House.
My resolution introduced today sim-
ply provides that the Congressional
Record shall be an accurate, verbatim
record of House proceedings, subject to
grammatical and typographical correc-
tion. It provides further that if a Mem-
ber chooses to add material to his re-
marks subsequent to their dehvery ont
the floor of the House, such material
shall be printed in a type face distinc-
tive from that used in reporting his ver-
batim remarks. Such a distinction will
clearly indicate which remarks were
spoken, and which subsequently added
in writing.
The text of this resolution follows:
Resolved, That the Rules of the House of
Representatives are amended by adding at
the end thereof the following new rule:
"Rule XLV
printed record of floor procedttres
1. The body of the Congressional Record
for the House of Representatives shall con-
tain an accurate and verbatim account of
remarks actually delivered on the floor of
the House.
2. Members shall be entitled to revise re-
marks delivered by them on the floor of the
House, but such revisions shall be limited
to the correction of grammatical and typo-
graphical errors; and in no event shall such
corrections make any change In the mean-
ing, content, or substance of those remarks.
3. Members shall be entitled to extend
such remarks by the addition of statements,
■ tables, statistics, and other supporting data
dealing with the subject under discussion.
Each such extension shall appear In the
Congressional Record Immediately following
the remarks actually delivered of which It Is
an extension, and shall be printed In a type
face distinctively different from that used
for verbatim remarks."
Mr. Speaker, it is my belief that the
adoption of both of these changes to
the House rules would improve the pro-
cedures of the House and make it a more
responsive and more responsible insti-
tution. I urge my colleagues to join me
in working for their passage.
MANS INHUMANITY TO MAN-
HOW LONG?
HON. WILLIAM J. SCHERLE
OF IOWA
IN THE HOUSE OF REPRESENTATIVES
Saturday. January 6, 1973
Mr. SCHERLE. Mr. Speaker, a child
asks: "Where is daddy?" A mother asks:
"How is my son?" A wife asks: "Is my
husband alive or dead? "
Commimist North Vietnam is sadisti-
cally practicing spiritual and nlental
genocide on over 1,757 American pris-
oners of war and their families.
How long?
472
FEDERAL FINANCIAL DISCLOSURE
ACT
HON. GLENN M. ANDERSON
OF CALU"ORNL\
IN THE HOUSE OP REPRESENTATIVES
Saturday, January 6, 1973
Mr. ANDERSON of California. Mr.
i 5peaker, today I am introducing the
!^ederal Financial Disclosure Act. This
measure will require full financial dis-
iilosure on the part of Members of Con-
gress, judges of the U.S. court system,
I ::;abinet members, policymaking officials
of the executive branch, and all oflBcers
>r employees in the executive branch
jarning over $18,000 a year.
We, in the Congress, and in Govern-
ment, are holders of the public trust — a
fery fragile trust that is occasionally
eroded. We have the obligation to pre-
: erv-e the dignity and the respect for the
jovernment that I feel she deserves, and
: : can think of no better way than to re-
peal to the public our holdings, and to re-
x)rt everything in which we might con-
•eivably have a direct or indirect in-
erest.
Mr. Speaker, I sincerely believe that
he great majority of public oflBcials
1 Lre much more concerned with the affairs
of the public than they are their own.
lowever, we must insure that everj'one is
;ibove reproach and is not in a position
>f influence simply for private gain.
The pay scales of those in the executive
md legislative branch are at a level
vhere outside income is not necessary to
ive comfortably. This is the way that it
should be. first, so as not to limit Gov-
?mment service to only those wealthy
enough to take the time to make our
aws, and second, so that those in pub-
ic oflBce are working for the public and
lot for themselves.
Mr. Speaker, this act is simple. It calls
or full financial disclosure by Members
)f the House of Representatives, Sena-
ors. Justices, and judges of the U.S.
'ourt system, the President, the Vice
Resident. Cabinet members, and other
x)lic3Tnaklng ofBcials of the executive
)ranch as determined by the Chairman
)f the Civil Service Commission. Under
he act. the following items must be re-
ported:
First. Gross income of principal person
md members of his immediate famUy.
Second. All honorariums and compen-
sation payments, including names of
sources and amounts — includes commis-
sions, salaries, fees, and so forth.
Third. Gross income from business en-
erprises. including amounts, addresses,
ind names of businesses, and nature of
;he bvisinesses.
Fourth. Itemization of gains from
dealings in property, including names
md addresses, and brief description of
;ach transaction.
Fifth. Income from interest, including
sources and amounts.
Sixth. Sources of income from rents,
royalties, and dividends.
Seventh. Indebtedness, including
names and addresses and aggregate
amount.
Eighth. Itemization of income from
partnerships or membership in profes-
EXTENSIONS OF REMARKS
sional groups. Names and addresses for
such payment that exceed $1,000.
Ninth. Itemization of income from
estates or trusts in which principal has
an interest, and nature of that interest.
Tenth. Report on all gifts exceeding
SlOO in value, including names and ad-
dresses of donors, amount or value of
gift, and description thereof. Report
shall also contain a li.st of gifts to the
principal and his family which exceed
$500 in value, including names and ad-
dresses of donors.
Eleventh. Report to contain list of
assets held by principal and his imme-
diate family. List to include value of
each asset and brief description. House-
hold furnishings and personal effects
excluded.
Twelfth. Report to include names and
addresses of each person or organization
to whom the principal and his family
owe at least $5,000. It also includes state-
ment of total indebtedness.
Thirteenth. Report to include all funds
used to defray expenses incurred by
reason of his being an official member,
candidate or judge, including names and
addresses of all persons contributing to
the funds, the amount of each contri-
bution, the amount of each expenditure,
and the purpose of each expenditure.
Mr. Speaker, our Government rests on
the theory that the people elect represen-
tatives to act in the public interest. To
remove any doubt that our decisions
are motivated solely by the public in-
terest— not by a special interest, or by
private gain — those of us who are for-
tunate enough to serve in Government
should be required by law to divulge the
source of our income. Such a reform
would be a giant step toward removing
any cloud of suspicion that hangs over
Government officials and toward rein-
stating the public's confidence in our
system of government.
January 6, 1973
we can support legislation which cre-
ates a public policy fostering their con-
tinued well-being. One way we can do
this is to maintain a reasonable level of
costs related to their use of the Postal
Service.
To that end, I am today introducing
legislation which provides some relief,
albeit it partial, in the area of postal
rates for magazines and newspapers.
This legislation is identical to a proposal
H.R. 17129 I introduced in the closing
days of the 92d Congress. In the House
on September 21, 1972, is a lengthier
explanation of this proposal. I hope the
House will give this serious and early
consideration.
/
THE PUBLISHING INDUSTRY AND
POSTAL RATES
HON. MORRIS K. UDALL
OF ARIZONA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. UDALL. Mr. Speaker, as we be-
gin the 93d Congress, there are many
important issues facing us. One area
that we all are keenly aware of is free
speech and Freedom of the Press. At
no time in my memory have there been
so many public attacks from such high
levels on the right of the Fourth Es-
tate to publish in a free and open man-
ner. This year we will probably be asked
to debate and vote on th3 right of a
reporter to protect his confidential
sources.
At the same time, the economic facts
of life have begun to create serious
problems for these journals of fact and
opinion which can also result in the
stifling of their publishing ability. I
need only mention the recent death of
Life magazine to bring this point into
sharp focus. While we cannot guaran-
tee that the publishing industry will be
eternally healthy for all of its members.
MARIHUANA IS A DANGEROUS
DRUG
HON. ROBERT McCLORY
OF ILLINOIS
IN THE HOUSE OP REPRESENTATIVES
Saturday, January 6, 1973
Mr. McCLORY. Mr. Speaker, one of
my young constituents, Bruce Eric Mc-
Kenney of Cr>-stal Lake, a student at
Northern Illinois University, died re-
cently apparently from an excessive use
of marihuana. According to the findings
of Dr. Frank Fiorese of the Illinois Toxi-
cologj' Laboratory at Chicago, young
Bruce McKenney's body contained traces
of marihuana in his brain, kidneys, blood,
liver, and gastric juices. Subsequent to
this tragic occurrence, the city of Crystal
Lake took steps to try to protect others
from the potential dangers of marihuana.
My friend and constituent, Ray Reyn-
olds has composed a most meaningful
letter to the major and city council of
Crystal Lake demonstrating the dangers
of marihuana and the influence of mari-
huana use in connection with subsequent
dangers from harder drugs.
I am attaching Ray Reynolds' sig-
nificant views as set forth in his open
letter, as follows:
Open Letter
Mayor and CouncU of Crystal Lake:
You are to be complimented on backing
the new Crystal Lake Abusive Drug Commit-
tee. While the original committee was a good
committee, had it continued, the new com-
mittee is far superior and should be more
effective In guiding the misled young people
In Crystal Lake The most Important change
was the addition of professional people as
a major part of the committee.
It is hoped the residents of Crystal Lake
will become aware of what you and the com-
mittee are doing. They also should become
Involved both with their time and money.
This project will require years of patience
and activity, but in the long run will accom-
plish a tremendous amount of good for our
future citizens.
It Is my understanding that the city and
the state together will provide two-thirds of
the money necessary but that one-third
($10,000) must come from the generosity of
the local citizens. Tell our citizens that one
of the enclosed checks is from interested
people, out of our nation, in Canada. If they
are Interested in the youth of Crystal Lake,
surely citizens living here should dig into
their pockets and make this program of help
and education for their youth a success.
The people must realize that the police
department with all of their special training
are only good in the prevention and elimlna-
January 6, 1973
tlon of the distribution of these drugs. Ex-
perience has proven that law and order only
frighten the misled individuals using these
drugs. This is where the committee can help
out and it needs the support of the money
and time of all good citizens, cooperating
with the police department for elimination
of the use as well as the sale of drugs.
Atlas Electronics Ltd. of Toronto, Canada,
the Canadian representative of Drake Mfg.
where I am employed and where my son was
part-time employed have asked that you. the
council, turn this check for $100 over to the
Drug Abuse Committee in memory of my son
who lost his life about a year ago because of
the lack of the proper information of help of
a similar committee. My wife and I also en-
close a check for the same amount for the
same purpose.
I know from experience and research that
while marijuana in itself may not be too
harmful it is the cause of many people get-
ting into the use of a harder drug. I am sure
the committee would back me up in this
statement.
Today many people in legitimate busi-
nesses make money, indirectly, through the
sale of harder drugs to our youth. They are
fighting to have marijuana legalized and
there is a bill in the House of our United
States Congress that stands a good chance of
being passed for legalizing marijuana. This
Is Representative Koch's Bill HR 14549.
Let me quote from a letter to Congressman
Baker from the father of another intelligent
boy who Is still in the process of recovering
In the Arlington Heights Hospital. His father
talked the past two months to many young
people that visited his son; this is the quota-
tion: "One thing that has come out is that
he (the son) and his friends had been
smoking marijuana and had found it dull
and had looked for something that would be
more stimulating. These youths, in effect,
confirmed what I have always believed, mari-
juana ran and does lead to other drugs which
can have a lasting effect on the human brain
and body", end of quotation.
Yes. pushers visit "pot" parties and find it
easy to get someone under the effects of mari-
juana to try a harder drug, while the person
under sober circumstances would not try
such a thing. True, the same can be accom-
plished at alcohol parties but the pushers
can't find these so easy. This is one reason
why manufacturers of drugs are interested in
legalizing marijuana.
Please, on behalf of the youth as well as
the memory of my son. your neighbor, pick
up a pen and write your United States Con-
gressman to vote NO on this Bill — HR14549.
I repeat. Bill HR14549.
EXTENSIONS OF REMARKS
JUVENILE JUSTICE
THE RIGHT OF AMERICAN CITIZENS
TO BUY, SELL, AND HOLD GOLD
HON. STEVEN D. SYMMS
OF IDAHO
IN THE HOUSE OP REPRESENTATIVES
Saturday, January 6, 1973
Mr. SYMMS. Mr. Speaker, there has
been increasing support throughout the
country recently for the restoration of
the right of American citizens to buy,
sell, and hold gold. In my opinion there
never was, and there is not now, any
valid reason to prohibit individuals from
owning, buying, or selling gold. The
right to owTi gold for protection and /or
investment should be fundamental in a
free society such as ours. Therefore, I
am iutroducinp: a bill to repeal sections 3
and 4 of the Gold Reserve Act of 1934. I
hope that the Banking and Currency
Committee will give this bill early and
favorable attenyon.
HON. TOM RAILSBACK
OF ILLINOIS
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. RAILSBACK. Mr. Speaker, I am
today reintroducing legislation to create
an Institute for Continuing Studies of
Juvenile Justice with 56 of my colleagues.
I take thi.s opportunity to invite any
other Members who wish to cosponsor
the bill to notify my ofBce.
Support for the juvenile justice bill
has been gratifying. In the 92d Congress
over 100 House Members joined Con-
gressainn Biester and me in introducing
this legi.slation. Twenty-four Senators,
led by Senotor Charles Percy and Sena-
tor Birch B.^yh, sponsored companion
bills. The House of Representatives
passed its vension. H.R. 45, on April 18.
1972; and this lill was subsequently fa-
vorably reported from the Senate Juve-
nile Delinquency Subcommittee on Sep-
tember 13. Although no further action
could he taken before the 92d Congress
adjourned, I feel confident this new Con-
gress win witness the enactment of the
juvenile justice hill.
This legislation has been endorsed by
some of the best known authorities on
the subject of delinquency in the coun-
try, including the National Council on
Crime and Delinquency, the American
Bar Association, the National Council on
Juvenile Court Judges, the American
Parents Committee, and the PTA. Fur-
ther support has come from individuals
concerned about juvenile justice all
aero*;"; the countrj'.
Briefiy stated, this bill creates an in-
dependent Institute for Continuing Stud-
ies of Juvenile Justice. The prima^-y
functions of the legislation are threefold:
First, to provide training programs and
facilities for personnel involved in the
prevention, control, and treatment of
juvenile crime and delinquency, pat-
terned after the highly successful FBI
Academy; second, to provide a coordi-
nating center for the collection and dis-
semination of useful data on treatment
and control of juvenile offenders and the
juvenile justice system in general; and
third, to prepare studies on juvenile jus-
tice Including comparisons and analyses
of State and Federal laws and such model
laws and recommendations which will be
designed to promote an effective and
efficient juvenile justice system.
The Institute would be under the su-
pervision of a director appointed by the
President. Overall policy and operation
would be set by the director and his ad-
visory commission composed of members
of appropriate Federal agencies and ex-
perts from the private sector concerned
with juvenile justice.
The training program which the Insti-
tute would operate is a matter of the
highest priority. One of our greatest cur-
rent problems Is the lack of adequate
training of those individuals whose func-
tion is to deal with young people who
have run afoul of the law. The American
Parents Committee questioned each of
the State directors of juvenile justice
programs on their priority needs for de-
473
linquency prevention and control. Al-
most without exception it was foimd that
States desperately need trained proba-
tion oflBcers for juvenile courts. Judge
Everett West of Fowler. Ind., in discuss-
ing H.R. 45, said:
I think this is the greatest opportunity
to give . . . judges ... an efficient method
to train probation oflBcers.
I have noted that just recently the
General Federation of Women's Clubs
has recommended the training of more
judges skilled in handling juvenile court
cases, and the training of more, better
qualified professionals for detention set-
ups.
Another serious problem in our present
juvenile justice system is the fragmen-
tation of Federal and State agencies and
programs dealing with juvenile offend-
ers, and the lack of coordination among
them. The legislation I am today intro-
ducing provides a center to cordinate and
gather information on the various pro-
gramis. Judge James Gulotta of the Na-
tional Council on Juvenile Court Judges
succinctly put it this way :
Historically, there has been a lack of or-
ganization among the states in the areas of
coordinated research, planning, communica-
tion, and evaluation. Too often the Individ-
ual child has suffered because his Individual
state received and processed fragmented In-
formation, or lacked — or even comnletely
misunderstood — the resources and knowledge
available to only a few.
Hugh Reed of the prestigious National
Council on Crime and Delinquency be-
lieves that something must be done to
insure the maximum effectiveness of the
funds that are now being invested in law
enforcement programs, principally those
of LEAA and HEW. Thomas G. Pinnock,
deputy dnector of the department of
institutions for the State of Washington
has called for a central clearinghouse for
materials regarding the problems of de-
linquents and some means established
for the regular dissemination of the in-
formation to those of us dii-ectly involved
with the problems of youth. H.R. 45 and
identical legislation which is being intro-
duced this afternoon provides this clear-
inghouse.
The Institute established by the juve-
nile justice bill is also directed to analyze
the various statutory provisions, develop
model laws and codes, and make appro-
priate recommendations. This function
holds much promise for steps to be taken
to clear the existing confusion and create
a uniformity in our juvenile justice sys-
tem that is sorely needed. The American
Bar Association and the American Law
Institute have achieved striking results
with a similar approach.
Many changes are needed in our pres-
ent system of juvenile justice. By pro-
viding training, by gatherinrr and
disseminating pertinent data, and by de-
veloping model codes and laws. I am con-
vinced we can improve the juvenile jus-
tice sy.stem substantially.
Mr. Speaker, at a time when juvenile
crime is up by 78 percent, and some
100,000 children are deteriorating in jails
at any given day, it is clear we must set
about the ta.sk of reducing juvenile crime.
Mr. Speaker, I urge that the legislation
being introduced today receive the ear-
liest and favorable consideration by the
Congress.
174 -
LEGISLATION TO END FORCED BUS-
ING—A HIGH PRIORITY IN THE
93D CONGRESS
HON. LAMAR BAKER
OF TENNESSEE
IN THE HOUSE OF REPRESENTATIVES
Saturday. January 6, 1973
Mr. BAKER. Mr. Speaker, today, I am
introduLing a constitutional amendment
nith the purpo.';e of halting the forced
lusmg of schoolchildren which is still
1 laguing parents and students through-
out our land.
My proposed amendment states :
No public schcxjl student shall, because of
his race, creed or color, be assigned to or re-
([uired to attend a particular school.
Congress shall have the power to enforce
this article by appropriate legislation.
Despite my continuous efforts, and
hose of many of my colleagues, we were
mable to pass any effective legislation
0 halt court-ordered busing in the 92d
Congress. Thus, our communities are
; till under massive involuntary busing
lilans which threaten to undermine our
neighborhood school system and to de-
itroy educational quality.
I have long believed that a constitu-
tional amendment such as the one I am
< ffering today is the most effective way of
permanently halting court-ordered bus-
ing.
As the 93d Congress convenes, we must
consider the halting of forced busing
a mong our highest priorities. The Amer-
i ;an people have consistently spoken
cut against this practice of busing small
children across town to attend school. In
every region of the country, they have
cpposed forced busing by overwhelming
riajorities.
If we are to be truly representatives
cf the people — if we are to reflect their
V ill on this most important issue — we
cmnot fail to adopt this Constitutional
a mendment without delay.
It is interesting to note that many of
0 ur young people — those who are or soon
V ill be the parents of small children —
are among the most outspoken opponents
of forced busing to achieve arbitrary
ricial quotas. A resolution recently
a dopted by the Tennessee Yoimg Repub-
1 can Federation is illustrative. It "re-
que;ts and encourages" all Senators and
F epresentatives to "put an expeditious
eid to the unnecessary busing of stu-
d jnts for the purpose of racial balanqj^
t irough the process of legislation, if pos-
s ble, or through the process of Constitu-
t onal revision, if possible."
I am happy to insert the entire res-
0 ution at this point. I hope all my col-
1< agues will read it and agree with the
e ccellent points it makes against busing.
>\nd I wish to thank the members of
t le Tennessee Young Republican Fed-
e -ation executive board for making this
r ^solution available to me.
The resolution follows:
Tennessee Young Republican Federation
On November 11. 1972. In Memphis, Ten-
n ;ssee. at the quarterly Board Meeting of the
Tjnnessee Federation of Young Republican
C ubs the following resolution on busing was
p rssed.
EXTENSIONS OF REMARKS
It was further moved and seconded that
copies of the resolution be sent to the Gov-
ernor. Senators and Congressmen In Tennes-
see. Motion carried.
RESOLUTION ON BUSING
Whereas, the Tennessee Federation of
Young Republican Clubs believes that the
primary function of the educational system
in the limited states Is to give a quality edu-
cation to all people regardless of race, creed
or national origin; and
Whereas, the concept of busing to achieve
"racial balance" contributes nothing to the
quality of said education and requires the
expenditure of large blocks of public funds
which could be better utilized to Improve the
quality of the educational system Itself: and
Whereas, the concept of busing to achieve
"racial balance" represents a further un-
necessary Intrusion Into the rights of many
of the citizens In our nation;
Be It resolved, that the Tennessee Federa-
tion of Young Republican Clubs hereby
request and encourage all Senators and Rep-
resentatives to the National Congress to put
an expeditious end to the unnecessary busing
of students for the purpose of "racial bal-
ance" through the process of legislation if
possible or through the process of Constitu-
tional Revision If necessary.
January 6, 1973
PLOVDIV INTERNATIONAL FAIR
HON. JOHN N. ERLENBORN
I OF ILLINOIS
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. ERLENBORN. Mr. Speaker, during
the latter part of September, I had the
privilege of attending the 1972 Plovdiv
International Fair near Sofia, Bulgaria.
The American pavilion of the fair was
conducted under the auspices of the U.S.
Information Agency, and I was the ofR-
cial representative of the United States.
From the number of people who stood
in line to see our exhibit, I estimate that
the U.S. exhibit was a box office success;
and based upon the number of Bulgarian
officials who visited the display, it was a
political success.
A writer for Parade magazine reported
critically on the fair, thus prompting me
to write USIA Director Frank Shake-
speare of my own impressions. So that
my colleagues also may be aware of my
impressions, my letter to Mr. Shake-
speare follows:
HOUSE OF Representatives.
Washington, DC, November 22. 1972.
Frank Shakespeare,
Director, U.S. Information Agency,
Washington, D.C.
Dear Frank: It was my Intention to write
you about the Plovdiv Trade Fair Immedi-
ately after my return from Bulgaria In Sep-
tember, but the pace of Congressional work
plus the imminence of the election persuaded
me to postpone that letter until later. In the
Interim. I understand that a critical comment
has appeared In Parade Magazine.
I doubt that the writer was at the Fair or,
if he was, I believe he chose to comment only
on a small part of what he saw.
The American exhibit wfis made up of three
rooms. One small room showed a sampling of
conveniences which are common In the
United States, such as blenders, steam Irons
and vacuum cleaners. In another small room
was a slide projector showing samples of pol-
lution, resulting mostly from our advanced
industrialization.
The large (and main) room of our exhibit
displayed some of the larger conveniences and
luxuries which we know here, plus the ways
we have devised to counteract pollution.
Politically, Bulgaria Is not friendly to the
United States, probably even more antl-
American than the Soviet Union. The Bul-
garians are quite sensitive, and would resent
any attempt on our part to use the Plovdiv
Fair for blatant Indoctrination. In my view
our exhibit there avoided this hazard.
Instead, we gave the Bulgarians a message
that the United States Is an affluent people
who enjoy many advantages because of our
technology and who are trying to offset the
disadvantages brought on by our machines.
From the number of people who stood In
line to see our exhibit, I estimate that the
United States exhibit was a box office success;
and based upon the number of Bulgarian offi-
cials who visited the display, it was a po-
litical success.
It Is my Intention to Insert these remarks
In the Congressional Record when Congress
reconvenes.
Yours very truly,
John N. Erlenborn.
VIETNAM: OUT NOW^
HON. EDWARD I. KOCH
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. KOCH. Mr. Speaker. I cannot
speak in words harsh enough to describe
my feelings of disappointment, betrayal.
and outrage at the President's renewed
bombing offensive in Vietnam. Over 2
months ago. in what now appears to
have been an election-eve grandstand
play, the President assured us that a ne-
gotiated end to the war was at hand and
that our prisoners of war and fighting
forces would be home by Christmas.
Then, without any attempt to inform
the Congress or to solicit its views, the
President has initiated the heaviest
bombing attacks.
Again and again during the past 4
years the President has proclaimed that
just one extra offensive effort — the in-
vasion of Cambodia, the mining of Hai-
phong Harbor, and most recently the in-
discriminate bombing of North Vietnam-
ese cities — would bring the negotiators to
their knees at the bargaining table. In-
stead, these have brought the wanton de-
struction of the Vietnamese countryside,
the razing of its urban centers — including
even civilian hospitals — and the severe
criticism of several of our closest interna-
tional allies. In these 2 months, many
more of our young men have been killed,
wounded, and taken prisoner.
We Members of Congress must not
acquiesce any longer in permitting this
barbarism to continue. It is Congress
prerogative to wage war and we should
not permit this unconstitutional waging
of war to continue. It is upon our con-
science that further death and destruc-
tion must lie. We have been deceived time
and time again, and it is essential that
Congress now pick up the initiative in
restoring both the conditions for mean-
ingful peace negotiations and a proper
balance of government.
The legislation which I introduced on
the first day of this Congress requires the
Jannanj 6, 1973
vi-ithdrawal of all U.S. ground, naval, and
air forces from Vietnam within 30 days
of the bill's enactment. No funds already
authorized or/ appropriated will be al-
lov ed to be used for purposes other than
the withdrawal of our forces. In addition,
this bill prohibits any further U.S. bomb-
ing in or over North Vietnam, South
Vietnam, Cambodia, or Laos.
The withdrawal of our troops is con-
tingent only on the simultaneous release
of our prisoners of war and an accounting
of our missing in action. According to
news reports, the North Vietnamese have
already agreed to these conditions in the
October agreement.
The Democratic caucus by a majority
vote of 154 to 75 has indicated its sup-
port for an immediate ending of the war.
My bill would implement legislatively the
desires of that caucus.
RUDOLPH CAMMERATA: A RE-
SPECTED AND POPULAR UNION
LEADER
HON. EDWARD J. PATTEN
OF NEW JERSEY
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. PATTEN. Mr. Speaker, one of the
most respected and popular union lead-
ers in the State of New Jersey, Rudolph
Cammerata of North Brunswick, will be
honored at his retirement dinner on Jan-
uaiy 13.
Over 1,000 persons — from workers to
company executives — will attend that
dinner to show how strongly they feel
about Rudy Cammerata, who has dedi-
cated the past 30 years of his life to im-
proving conditions for the thousands of
textile union members he has served
with such great devotion.
Rudy Cammerata's record as a union
leader is outstanding: He was president
of Local 630 — in Johnson &. Johnson —
for 4 years: was business manager of the
Central and South Jersey Joint Board of
the Textile Workers Union, AFL-CIO-
CLC: was business agent of that joint
board for 25 years: and has also been
an international representative of that
progressive union. That is a remarkable
record of achievement, but Rudy Cam-
merata is a remarkable man — a man of
many talents.
He has a good mind, a heart that has
that rare blend of courage and compas-
sion, a charisma that effective leaders
must have, and a sterling integrity. It is
because of these qualities that Rudy
Cammerata will be honored on January
13. And it is because of these exceptional
qualities that over 300 management of-
ficials will attend, from supervisors to
company presidents. In a sense, they will
be there to say to Rudy Cammerata —
and to the public — even though you
fought for the rights of union members
with great conviction and tenacity, and
de.sri e 'he '■a"t that we have often dis-
agreed on cases and issues, you were fair,
and we respect you for your responsible
leadership.
So along with the more than 1,000
persons who will be at that retirement
dinner, and the thousands of others who
EXTENSIONS OF REMARKS
will be there in spirit, I saluate Rudy
Cammerata. He will not only be remem-
bered, appreciated, and missed by the
Textile Workers Union of America, but
by management, and perhaps most im-
portant of all, by the public that hopes
for more union leaders and men like
Rudy Cammerata. Officially, he will re-
tire, but what he accomplished and what
he stands for, could never retire — they
live on as an inspiration to all.
FARMERS PAY FOR THE BOMBS
HON. TENO RONCALIO
OF WYOMING
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. RONCALIO of Wyoming. Mr.
Speaker, as the sole Representative of a
State whose economy is largely based on
agriculture, I can only view with alarm
the recent actions of the executive de-
partment with respect to the rural envi-
ronmental action program. Rural Elec-
trification Administration, emergency
disaster aid. and the increase in dry milk
imports.
These programs, supported over the
years by both parties, have met the test
of time. They were sustained in years
when the Federal budget was a fraction
of what it now is.
To sacrifice these programs at a time
when billions of dollars continue to be
expended in a war which is not sup-
ported by the majority of the American
people only intensifies the tragedy of
Vietnam.
I urge my colleagues from all sections
of America, urban and rural, to recog-
nize the basic injustice of making agri-
cultural programs pay the price for the
war. I insert for the review of my col-
leagues an eloquent statement of this
issue by John Stencel, president of the
Rocky Mountain Farmers Union:
Denver, Colo.,
December 29, 1972.
Hon. Teno Roncalio,
House of Representatives,
Washington, D.C.
Dear Teno: I am astounded — as a matter
of fact, I am livid with anger — by the ad-
ministration's recent termination of farm
programs that have stood for decades, under
both Republican and Democratic adminis-
trations. Killing them in the name of balanc-
ing the budget Is a specious rationalization
when tons of bombs are being dropped and
more than 15 B-.52's have been lost over Viet-
nam. It seems that the more than sixty bil-
lion dollars that has been used to support
the war effort could b° used for programs
in the United States that have, or should
have, greater priority. Educational and hous-
ing projects need Immediate attention, high-
way funds are being frozen at a time when
transportation needs are increasing at un-
fathomable rates — the loss of nineteen Texas
youth in New Mexico Is only one Instance
where highway funds were not available to
build a wider and safer bridge — and agricul-
tural programs such as emergency disaster
aid for farmers in time of adverse \yeather
conditions needs to be extended instead of
deleted.
When farmers and ranchers are still only
at 75 T of parity compared to other segments
of the economy. It Is strange that the meat
475
quotas are suspended completely for 197S.
that the cotton program will lose $110 mil-
lion In payments, that the feed grains pro-
gram will lose $800 million In payments, that
the REAP program Is killed outright, that
emergency disaster aid through FHA emer-
gency loans Is killed except when made
available by the President, that dry milk im-
ports are Increased from 1.8 million pounds
to 25 million pounds, and this just seems
to be the beginning.
I do not know why farmers have to take
the brunt of a budget cut when their need
Is as great as It has ever been and when
other segments of the economy are contlnu-
Ingto receive larger subsidies and Increasing
their profits on the domestic scene, as well as
gaining large profits from an unjKipular war.
On behalf of the members of Rocky Moun-
tain Farmers Union, I urge you. as a member
of Congress, to exercise those powers given
to you by the Constitution to stop the ex-
penditures for the war In Vietnam and divert
those funds for use at home. There are
domestic needs In every area of our economy
that could use the billions of doUsirs that
we are Just throwing away on a war that will
not be won militarily.
I am enclosing with this letter, portions
of the National Farmers Union policy pro-
gram which emphasizes our stand on those
Issues that I have mentioned above. Let me
remind you that even though farmers and
ranchers are a small minority in the United
States, they still produce a commodity which
everyone needs.
Tliank you for your attention and I hop)e
you can and will be of help to the needs of
Rural America.
Sincerely,
John Stengel. j
President, Rocky Mountain I
Farmers Union.
THE CONGRESS AND ITS WAR-
MAKING POWERS
HON. BILL CHAPPELL, JR.
OF FLORIDA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. CHAPPELL. Mr. Speaker, for 12
long years, I have watched the shadow
of a war creep over this land bringing
with it anguish, frustration, and despair
as our people endeavor to understand
America's involvement on another soil
10,000 miles away in a war we have never
chosen to win.
Neither praise nor condemnation of ac-
tions, past or present, but rather their
unforgettable lessons, will avail us to a
sensible direction for the future. One
such lesson is that no government dare
commit its people to prolonged armed
conflict without a clear definition of the
purpose of such commitment and the will
of the people to pursue them to victory.
How then do we implement the les-
son? We best do so hj' clearly imple-
menting the respective responsibilities
of the President and the Congress with
reference to the constitutional power to
make war.
The resolution which I am reintroduc-
ing today, I believe, is a reasonable ap-
proach^'lo such implementation. Joining
with me are 31 of our distinguished col-
leagues, most of whom cosponsored this
measure during the 92d Congress.
This resolution in no way alters the
President's power to initially engage our
4 6
te:
Pl
he
Fdrces
out
[f
ca
Pr
in
arJd
rhi
tb>
troops to repel a sudden attack or to pro-
American lives and property. It sim-
requires the President, within 72
hcjurs of committing any of our Armed
s to action in any armed conflict
side the United States, to report such
co^nmitment to the Congress.
the Congress shall fail to approve or
otterwise act on such report within 30
endar days after receiving it, the
Pr^ident shall within the next succeed-
30 days terminate such commitment
disengage all forces so committed.
is proposal embraces the intent of
framers of the Constitution and the
thfcughtful declaration of many great
Aiiiericans after them.
framers of the Constitution were
deliberate in balancing the powers
this Government and those of the
gress and the President, and they
deliberate for excellent reasons. All
frequently the American colonies
drawn by the King's decree into
"'s wars. The leaders of the new^y
•pendent republic resolved to make
ain that their new country would
er ago in be drawn into war at the di-
ion and discretion of a single man.
this rea.son, it transferred the war
.er to the legislative branch of the
.Iv created government.
:ndeed, the framers of the Constitu-
recognized that the President, under
ain circumstances might have to take
sive action to repel and subdue a
sudden attack on this great Nation. But
The
e:y
Vi
of
Cdti
ere
w
tO(
were
En Rland";
inc e
ce|t
ne
recjt
Fo
ne'
tiOT
ceit
de: en
t wa-s the extent of the warmaking
th
poier they were willing for him to ex-
erc ise
IS
thi
s.:(ln
dete
prrjfo
cl
Vi
ar
frf
ca
ta
cai se
ke
beta
peit
mo =
V
a
tioi
vol
takfe
fut ire
tio
for
to
ag
naih
oil-
cle ir
tatllshed
pec p]
deeply believe that the Constitution
livin? document. The Congress of
United States must activate its re-
sibilifies under thi.s document for
rmining war and peace. I feel most
undly that had Congress either de-
ed war or refused to allow our in-
•ement in Vietnam at its outset, a
-cut attitude would have been es-
and the national hurt of our
e avoided.
'h° United States i.s the leader of the
world today. But this js not so be-
our citizens are anxious that we
the lead in military conquests: nor
u<^e our dinlomats are the most ex-
: nor becau.^e our policies are the
t faultle.ss or the most popular,
"le mantle of lcader?-hin has been
unon our shoulders not by any
on. nor by our own Government or
but bv destiny and circimi-
the sheer fact of our physical
economic .strength, and by our role
he only real counter to the forces of
i^m in the world today.
evenN in Indochina have taught
0 better fulfill that role, then it is not
hrllv dark .^torv. While this resolu-
in no wav affects our pre.sent in-
•ement. it reminds us that the mis-
s of the past must be heeded in the
"h
placed
na
citibens
sta ice — by
an
as
corlimun
JJTr. Speaker. I call for unity in a na-
I divided. Will we take a giant step
unity today? We must do no less.
in the Congress, have the power
s.sure the American people that never
n will we allow a situation like Viet-
to occur. We can begin to unify this
\;e.
SI
I
EXTENSIONS OF REMARKS
Nation for the future by the adoption of I
this resolution. By so doing we assure our
people that we will totally uphold the
Constitution.
Let the Congress play the part oiu: fore-
fathers intended in the delicate exercise
of the warmaking power — now!
January 6y 1973
\
DANGERS INHERENT IN EUROPEAN
SECURITY CONFERENCE
HON. PHILIP M. CRANE
OF ILLINOIS
IN THE HOUSE OF REPRESENTATIVES
Saturday. January 6, 1973
Mr. CRANE. Mr. Speaker, expressions
of hope and optimism about the forth-
coming European Security Conference
may. unfortunately, be misplaced.
Rather than setting the states for a
generation of peace in Europe, that con-
ference may, quite to the contrary, set
the stage for the possible Soviet domina-
tion of the continent.
Discussing the recent Soviet diplomatic
achievements in Europe, New York Times
columnist C. L. Sulzberger noted that —
The Kremlin has realized a dream to
which all Soviet regimes since Stalin's have
aspired: formal acceptance of the politi-
cal status quo In Europe . . . Chancellor
Brandt's victory In the West German elec-
tions, based on an OstpoUtlk accepting a
divided Germany and the Berlin Wall, was
widely hailed . . . Yet It was plainly a gain
for Moscow since It formalized Europe's de
facto split.
The idea of the European Security
Conference was first introduced by the
Soviet Union in 1954, and has only been
met with approval during the past year.
The current Helsinki meetings will be
followed by exploratory talks in Geneva
on mutual and balanced force reduc-
tions. At this time, writes Sulzberger:
Communist rule in East Europe is now
implicitly acknowledged by American policy
and explicitly confirmed by Bonn. The West
has also set out along the road to unilateral
arms reduction even before tentative MBFR
;Jlscusslons begin . . . the Kremlin is to be
congratulated for Its patient, shrewd diplo-
macy.
A recent analysis of the forthcoming
European Security Conference was pre-
pared by Dr. Giselher Wirsing. one of
the editors of the German weekly maga-
zine. Deutsche Zeitimg/Christ und Welt,
and was published in the September 9,
1972. issue of To The Point, the inter-
national news magazine.
Dr. Wirsing declared that —
The fear is that the Security Conference
will bring the Soviet Union several Impor-
tant steps closer to its prime objective: the
liquidation of the American militarv presence
in Europe. . . Ultimately the Conference
is ^art of the Soviet overall objective of
breaking up the already politically weakened
NATO alliance.
Discussing those in his own country
who have welcomed the forthcoming
conference. Dr. Wirsing wTites:
This should be particularly obvious In West
Germany, where both leftist neutralists and
communists are openly predicting that the
Conference will lead to the dissolution of
military pacts. These Moscow puppets fall to
observe that the Warsaw Pact, even if 'for-
mally' dissolved, would live on in the closed
society of East -Europe, but that NATO can-
not continue to survive 'unofficially' on the
.same basis.
Those who welcome the European Se-
cikity Conference should carefully con-
sideStiiewarning set forth by Dr. Gisel-
her WirslRe^ I v.-ish to shai'e his article
with my colleagues, and insert it into the
Record at this time, as follows:
No-COMFORT Conference
Preparations for the European Security
conference — for which the Soviet Union has
been pushing throughout the past five
years — will begin shortly in Helsinlci, the
capital of Finland. In fact, the title ol this
important gathering is misleading. The
Kremlin has no real desire to see the security
of Europe discussed in Helsinki. Russia has
demanded that all questions relating to dis-
armament and to the reduction of armed
forces be left out of consideration and that
they be transferred to the agenda of a dif-
ferent, as yet unscheduled, conference. It
is doubtful whether this will even take place
at all.
It is a feather in the cap for Soviet di-
plomacy that a Security Conference will
take place which negates, at the outset, its
princ.pal objective. Washington and London
have for years regarded the Soviet Confer-
ence proposals with great misgivings, know-
ing only too well that the Soviet Union's
only purpose was to have the Brezhnev doc-
trine tacitly accepted in Europe, and to
obtain recognition for East Germany. At the
same time the Western countries were un-
able to agree on a united approach for the
Conference; there was even no unanimity on
the demand that Europe's most urgent prob-
lem— the massive concentration of armed
forces In Western Russia. East Germany and
Czechoslovakia — should be discussed. And
from the outset It was clear that the Scan-
dinavian countries were labouring under an
illusion concerning the objectives of the
Conference: Sweden's Prime Minister Olaf
Palme distinguished himself with utterances
which were as enthusiastic as they were di-
vorced from reality.
In the event, Willy Brandt's Germany
became the pacemaker of Soviet planning.
At this meeting with Brezhnev in the
Crimean holiday resort of Oreanda. the
Chancellor agreed completely with the Soviet
leader's plans. Indeed, at this time, Brandt
still believed that a discussion of Mutual
and Balanced Force Reductions (MBFRs)
would be on the agenda of the conference —
and so walked Into a trap prepared by Soviet
diplomacy. It was only after Oreanda that
Moscow made It clear that MBFRs were not
in fact to be discussed at the European Se-
curity Conference. In Brussels Belgian For-
eign Minister Pierre Harmel urged that at
least some military problems be discussed
at the Conference; to which Andrei Gromy-
ko replied tersely that the Soviet Govern-
ment considered the subject of MBFRs "not
ripe enough" and rejected even the mild
proposal to exchange observers at military
manoeuvres.
While In Moscow President Nixon, In turn,
endorsed US participation in the Security
Conference without a discussion on what
"security problems" were actually Involved.
This was not exactly a highlight In American
diplomacy: but the Americans point out that
the Europeans had already let them down.
The Americans also Insist that Nixon ac-
cepted the Idea, unappealing as it was to him,
only because Brezhnev made it a prerequisite
for signing the SALT agreement. In Wash-
ington it Is now whispered that it is still
possible to wreck the Conference during the
preliminary discussion In Helsinki if it be-
comes doubly clear that it is not serving,
In any respect, basic Western interests. But
this looks like an empty threat, as do the
January 6, 1973
remarks in Bonn that Germany would not
take part In the Conference if discussion on
MBFRs are completely ruled out. There is
nothing to Indicate that the Brandt /Scheel
Government could find the determination to
adopt such a strong stand when it is pre-
pared to relay the establishment of diplo-
matic relations with China simply to placate
Moscow.
Plans for a Security Conference in the past
vears have greatly interested some East
European states. (Countries such as Yugo-
slavia and Rumania had hoped that at such
a Conference a formal declaration of non-
interference in the domestic affairs of Euro-
pean countries could be achieved, which
would protect them from the fate of Czecho-
slovakia. But the Soviet Union has made It
abundantly clear that it is not prepared to
allow other communist countries any free-
dom of discussion at the Conference. This,
certali.ly, was the impression gained by US
diplomats in Moscow during President Nix-
on's visit to Russia. The only hope left is
that the US. and .some European states whose
governments have not allowed their sights
to be completely fogged by Soviet diplomacy,
will insist that the Conference should discuss
in detail the question of free movement of
persons and ideas in Europe. However, this
entails asking the Soviets and East Germany
to permit their citizens to travel freely In
Europe and to admit the Western press, and
there is virtually no hope that these requests
will be met. Most observers believe that it
would be worthwhile fighting for them; but
considering the discord in the Western camp
there is little hope of such a fight developing,
and even less of it achieving positive results.
In fact, the fear is that the Security Confer-
ence will bring the Soviet Union several im-
portant steps closer to its prime objective:
the liquidation of the American military
presence in Europe. President Nixon must be
rightly afraid that the Security Conference
(with its detente euphoria) will strengthen
the unholy alliance between the Kremlin
and those American senators, such as Mike
Mansfield, who presently demand the
withdrawal of all US troops from Europe.
Ultimately the Conference is part of the
Soviet overall objective of breaking up the
already politically weakened NATO alliance.
This should be particularly obvious in West
Germany, where both leftist neutralists and
communists are openly predicting that the
Conference will lead to the dissolution of
military pacts. These Moscow puppets fall
to observe that the Warsaw Pact, even if
"formally" dissolved, would live on In the
closed society of East Europe, but that NATO
cannot continue^ to survive "unofflcially" on
the same basis. Bluntly, there Is an acute
danger that the Security Conference will not
only strengthen the status quo, already fa-
vouring the Soviets, but in fact change it to
Russia's clear advantage.
A BILL RELATING TO THE PRIVATE
CARRIAGE OF FIRST-CLASS LET-
TERS
HON. STEVEN D. SYMMS
OF IDAHO
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. SYMMS. Mr. Speaker, for the past
several years mail service in the United
States has grown steadily worse. It seems
that the Postal Service is being strangled
by its own bureaucracy.
I would like to call your attention to
the laws prohibiting the carriage of first-
class letters by private agencies. These
laws are not only a violation of the spirit
EXTENSIONS OF REMARKS
of the free enterprise system, but they
are hindering the efficient delivery of
mail since it has been demonstrated that
private carriers can provide faster service
at lower cost than the Federal Postal
Service is able to provide. Therefore, I
am introducing a bill to repeal certain
provisions of the law relating to the pri-
vate carriage of letters. I hope that the
leadership of the Post Office and Civil
Service Committee will give this bill their
early attention.
REFORM IN SOCIAL SECURITY
HON. DONALD M. ERASER
OF MINNESOTA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. FRASER. Mr. Speaker, the two
legislative measures that boosted social
.•">ecurity benefits by 20 percent and in-
cluded other important improvements to
the program have greatly alleviated the
problem of poverty among the Nation's
aged. But taxes have soared, generating
a great outcry for a reform of social se-
curity financing.
An article by Louis Hollander that ap-
peared in the New York Times on Jan-
uary 3, 1973, discusses this issue. Mr.
Hollander has done a good job. The
article follows:
Reform in Social Security
(By Louis Hollander)
The 92d Congress has done a commendable
job by putting Into effect two legislative
measures that boost Social Security benefits
by 20 per cent anc. contain some important
improvements in the Soci.al Security and
Medicare programs sorely needed by our aged
and disabled citizens.
However, the nature cf the pajrrcU-tax in-
creases required to finance these Improve-
ments raises a most serious question that
merits the closest attention of the incoming
93d Congress.
The inadequacies of our Social Security
financing on the regressive payroll tax that
falls most heavily on low- and moderate-ln-
com? workers — add a new dimension to the
problem that offsets our priorities for tax
reform.
The bill recently signed by the President
presents a $5.3-bllilon tax bill to the Ameri-
can people. Tills tax boost would be !n addi-
tion tD a $7-blllicn tax bill rise already sched-
uled to go into effect Jan. 1 to pay for the
20 per cent ?.cross-the-board Social Security
benefit increase voted by Congress. The total
cost of these Improvements will be raised by
increasing the payroll tax on 96 million em-
ployed per-ons from the present 5 2 per cent
to 5.G5 per cent In 1973 and 6.05 per cent in
1978, together with an increase in the wage
base from this vear's $9,000 to 810,800 in 1973
and $12,000 in 1974.
For the individual low- and middle-income
worker, this dramatic increase in the payroll
tax me.ans substantia! reduction In his take-
home pay. For a wage earner with a $12,000
wage i!!come. his Social Security tax will In-
crease in a one-year period from $468 In 1972
to $631.80 In 19'73, or 35 per cent, and to $702
in 1974. or 50 per cent.
Such enormous increase in payroll tax not
only means a substantial cut Into the living
standards of the average worker but also
Intensifies and increases the unfairness and
regresslveness basically inherent in such h
tax. As is well known the tax is a constant
percentage of earnings up to the celling but
477
then becomes a smaller and smaller frac-
tion as earxiiiigs increase with no persona)
exemptions, no deductions and no low-in-
come allowance.
Thus the tax violates the fundamental
principle of sound tax policy and bears no
relationship to ability to pay. For instance.
Increasing the tax rate to 5.85 would mean for
a family of four with one wage earner in the
$3,000-$4.000 bracket about a 9 per cent in-
crease and for a family earning tlO.OOO a 3.4
per cent increase in Federal taxes, but it
would inciease taxes for a family earning
$50,000 by only four-tenths of 1 per cent
and for a family in the $100,000 bracket by
one-tenth of one per cent.
Moreover, the law treats even families of
the same income level differently by taxing
them unequally. A family with total eirn-
Ings of $18,000 earned equally by the hus-
band and wife pays twice as much in payroll
taxes as does a family in the same Income
bracket with one earner. At any given level
of family earnings below the celling a single-
earner family receives larger benefits than
does the multi-earner family.
The regressive nature of the Social Security
tax can be relieved in two ways: by a higher
wage base — raised substantiriilly more than
through recent actions of Congress — and by
use of general revenues.
The recently enacted wage-base ceilings,
though a step in the right direction, are still
Inadequate Inasmuch as they leave a sub-
stantial fraction of covered payrolls outside
the pale of taxation. About 95 per cent of the
persons in the Social Security program had
their full earnings covered when the program
first began. It would take a wage base In ex-
cess of at least $15,000 to cover the same
proportion today. The program should cover
the total earnings of the overwhelming ma-
jority of workers so that their benefits, which
are based on covered earnings only, will oe
better related to what they have actually
earned.
However, since raising the tax base to
$15,000 alone would not provide sufficient
funds for needed benefit improvements ve
must also look to general tax revenu"s as a
most feasible and sensible supplementary
source of funds.
There are of course a variety of other alter-
natives, such as a total removal of the cell-
ing on wages, refunding the payroll tax
paid on wages of workers with incomes beVw
the poverty level, introduction of personaT"
exemptions and so on, but neither of these
fragmentary remedies Is sufficient to infuse
Into Social Security enough money i;eeded to
deal with the economic plight of our aged and
disabled without placing an unfair burden
on the low-wage worker. The logical and
preferable source of this money is a regular
contribution to the Social Security Trust
Funds from the general revenues of the Fed-
eral Government, the only remedy able to
make It a truly social insurance system with
the society as a whole assuming responslbll-
Itv It does not now undertake.
FEDERAL PRIVACY BILL
HON. EDWARD I. KOCH
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. KOCH. Mr. Speaker, since the ac-
cumulation of information on individuals
that is being stored in thousands of
Government computers and files is still
growing with no administrative regula-
tions in sight, it become even more ur-
gent that Congress address itself to the
problem. I have reintroduced my Federal
its
privacy bill in the 93d Congress. The
gTdss collection of dalu, by the Govern-
ment cannot help but pose a threat to
pe -sonal privacy and individual liberty.
It s time that the Congress act decisive-
ly in developing adequate safeguards to
ba ance the Government's legitimate
ne ids with the citizens right to privacy.
:Ay bill would do the following: first,
no ;if y the individual that such a record
exists; second, notify the individual of
all transfers of such information; third.
dij close information from such records" Congress. The age of the computer is al-
y with the consent of the individual
when legally required; fourth, main-
a record of all persons inspecting
h records; fifth, permit the individual
inspect his records, make copies of
thim, and supplement them; sixth, per-
an individual on a proper showing
require the agency to remove er-
or misleading information from
individual's file; and seventh, create a
Fe ieral priva^ / board to supervise the
adpiini-tralioii of the provisions of the
on
or
taih
SU(
to
nu
to
ro^eous
an
bil
d.' iduals seeking the removal of er-
The board would hear appeals by in-
ron
tdl
pu
If
qut
hai
ore er
Appe
te
b
eii
n'\
uv
ca
wi
cnc\
suqj
le
nolify
f^l'
di;
fil
al^
pn
nes^
an
an
of
div
to
ind
right
mit
of
EXTENSIONS OF REMARKS
scope of that role, the Government has
in colljcting information on its citizens,
I would hope that everyone would agree
that once the information has bee.i col-
lected, there mu t be some me.hanism
whereby the individual citizen ca.n be
apprised of wh..t has been coil:cted. and
how that iiiform Uion may be d.ip.nsed.
I believe that both of these bLls are es-
sential to protect the citizens of our
country and hope that Congress will act
favorably on this legislation in the 9Sd
January 6, 197 3
ready with us. The question is will we
control the computer or will it control
us?
!
Si'ACE engi.\e£r:ng genius,
d:^. rees. 10 retire
thi
u< or misleading informaticn con-
led in their fil \ It would rlso hear
coiriplair.ts that an agen :y had not com-
1 with other requirements of the bill.
he board found that one or more re-
■ements of the Federal Privacy Act
not been met. it would issue a final
directing the agency to comply,
lis from the board decisions could
►aken to the U.S. district court,
xception^ to the di closure rule would
made in the ca-e of records th't pre
ler expres-ly required by Presidentiil
ore er to be withheld in the interest of
ion 1 seruritv or for purpor.es of pend-
riminal prosecution. In th? latter
e. ii" the ;-roseruti'"n is not commenced
in a reasonable time, the fie would
hate to be reles'^ed and in all events U
e^-t to court order directing its re-
>e. The President would be required to
the' Congress on nn agency-by-
y basis each year of the number of
withheld for these reT.'on . These
:losure provisions should apply to
he'd on organizations and corpora-
tions. PS well as individu b.
nether bill I am introducing tod^y
i dels with the right of individupl
acy. This measure, originally intro-
duced in the Senate by Senator Sam Er-
would prohibit the use of the lie
dettctor tests in employment practices. It
covjered both Federal agencies and busi-
es engaged in interstate commerce,
would prohibit an employee from
requiring a job applicant to take a poly-
graph test as a condition of employment,
the denial of employment, the denial
Dromotion. or the discharge of an in-
dual for his or her refusal to submit
^ch a test. .^^
uiring polygraph tests debase an
vidua 1 and undermine the person's
against self-incrimination pro-
tected by the fifth amendment. Courts
ha4e refused in most jurisdictions to ad-
polygraph tests as evidence because
tjheir gross unreliability.
.Although there may be honest disa-
gre fment on the legitimate role, and the
F €qi
HON. ROBERT E. JONES
OF AL.^BAMA
IN THE HCU. E OF HEPRESE:vTATIVES
Saturda-i. January 6, 1973
Mr. JONES of Alabama. Mr. Speaker,
Dr. Eberhard Rees will be retiring as di-
re, tor of the Marsh -'11 Space Fiighi Cen-
Lir in Huutsviile. Ala., Janu^.ry 19 after
m.re than 27 years of constant dedica-
tun to the advancement of this Nation's
space efforts.
Dr. Rees is a soft-spoken and well-
liked engineer who has been a keystone
in a variety of scientific programs and
technical projects over the years. He has
been deeply involved in tha development
of th3 S.Uurn launch vehicles, lunar sci-
ence, high resolution astronomv through
the Stratoscope. Lirge Soace Telescope,
high energy astronomv through a space-
craft called the High Energy Astronomy
Observatory, solar astronomv through
the Apollo Telescope Mount and the Sky-
lab program.
, In addition to his space work. Dr. Rees
has been a conscientious citizen of
Huntsvi;ie and of the United States. He
has been involved in the enhancement of
the civic and cultural life of his adopted
community and will continue to be a
positive force for improvement.
An interesting profile of Dr. Rees was
published recently in the HuntsviUe
Times. Because of his significant contri-
butions to our national effort in the space
sciences, I am including the profile by
Jack Hartsfield as a part of my remarks:
"I'M Just an Engineer . . ."
(By Jack Hartsfield)
Few men of such modesty can look back
on such a distinguished career, a career often
pursued In the shadow of a giant. But then,
he worked best that way.
Dr. Eberhard Prledrlch Michael Rees. 64.
the softspoken director of Marshall Space
Flight Center and one of the great engineer-
ing geniuses of his time, Is stepping down
^rom his post early next year.
^ What has seldom been said about this quiet,
private person is that man probably would
not have made it to the moon so quickly had
it not been for him.
Associates close to him have always credited
iffs methodical mind as the famed Dr.
Wernher von Brauns most valuable asset.
Unknown to most, the decisions on how to
go to the moon and the concept of the ma-
chine that would blast men away from the
earth came from Rees" technical competence.
A PROFILE
The charismatic von Braun simply had
the uncanny ability to both evaluate Rees'
work and 'sell " the Ideas to government,
the nation and eventually, the world.
While Rees had the "nuts and bolts" Job
behind the Saturn IB earth orbital rocket
and the Saturn 5 moon rocket, von Braun
handled the managerial-political front.
And it is often forgotten that when a fire
killed three astronauts in Jan., 1967, during
a test at Cape Kennedy, setting the moon
landing program back almost two years, the
space agency reached into the ranks of its
rocket experts and gave Rees the Job of un-
tangling the technical mess.
Rees led a task force from Marshall and
moved into the North American Rockwell
Cai^.-. plant at Downey. Calif., where the
Apollo spacecraft was built, to direct a re-
building of the craft and putting the tJS.
manned moon landing program back on
track.
Always it was Rees who efficiently filled
the role of technical "nlt-plcker"— some-
times with dry wit and not always without
stepping on some toes.
And it was Rees who stepped mto von
Braun's Job as boss at Marshall In March,
1970, when von Braun was transferred to
Washington,
Even then it was obvious that an era was
over at the space complex here.
Von Braun had carried the U.S. quest for
space superiority from the rugged days of
the a.n-beheer to landings on the nioon.
but more rugged day.s lay ahead for Rees.
The Preside t a id Congress were trimming
t!ie space budget, cutting back on planned
programs wit'-in tl-e space agency and look-
ing for a "red rectlon."
Rees mo ed .nto the Marshall job. know ng
t e ' urdlesa'-ead an.1 modestly "apologizing"
tliat he could not replace von Braun as the
d\namlc. outgo'ng pvibMc marvel.
Eberhard Rees is n t another von Braun.
He never aspired to be.
He i; reserved and, as one of his associates
CO fided. felt a deep per.sonal responsibility
for hi, work force and "hurt deeply" when
manpower reductions put people out the
door.
He wasn't a personal ne,vsmaker. It simply
wasn't his stvle.
He'd grant personal Interviews, but the
re5ult was a no-nonsense appraisal of Mar-
shall programs, where they stood, where they
would go.
He wasn't b. day-dreamer who espoused
■■p:e-in-the-sky" speculation of what the fu-
ture for Marshall, or the space agency might
or might not be.
"I'm an engineer," he once commented,
"I don't know about speculations about this
or that . . . I'll Just leave the speculating
to the press. You're much better at that sort
of thing."
It had to be the toughest years of his
life, being thrust into the spotlight when he
had, for years, been content to serve in the
"nuts-and-bolts" capacity. i.
He was not a self-promoter. He sought no
personal prestige. If he had an ounce of
vanity. It never showed.
But he earned respect from his co-workers
who marveled at his engineering expertise.
What can't be Ignored Is that while he
was in the post at Marshall, the entire image
of the complex changed from one as a
"rocket factory" to one of advanced scien-
tific space research.
Skylab, the nation's first space station,
will fly In April. The center is deeply In-
volved in payload studies for the space shut-
tle; work Is under way on a variety of un-
manned satellites including the pheno-
menal High Energy Astronomy Observatory
(HEAO) and the Large Space Telescope
(LST); work is progressing for the center's
work on the shuttle itself.
January 6, 1973
He insisted that a single major integrated
type of mission such as the Apollo program
would not suffice In the future U Marshall
was to thrive.
He talked of multi-facet programs. And
they came about.
"This is what Marshall has become," he
would say later, "... a multi-project man-
agement and engineering establishment."
But 32 years in the rocketry and space
business is enough to ask of any man, par-
ticularly a man who can remember when
the rockets of his younger day looked like
fire candles compared to the behemoth
boosters of the 1970s.
Bees was there in the embryonic begin-
nings of the V-2 rocket at Peenemuende,
Germany and he was still there on man's
sixth moon landing.
An original member of the von Braun
rocket team, he came to the U.S. in 1945
with 120 other German rocket specialists to
develop space and rocket technology for a
relatively space- Ignorant nation.
At Fort Bliss, Tex.. Rees and his com-
panions spent five years "chasing rockets
across the desert" as captured German
rockets were test-fired.
When the team was transferred to Hunts-
viUe and the Army Ballistic Missile Agency,
it was Rees who contributed heavily to the
development of the Jupiter C launch vehicle
that placed Explorer I, this nation's first
satellite, into orbit.
He also was a major factor In the success
of the Army Jupiter and Pershing missile
projects. The Pershing is still deployed with
U.S. troops in NATO countries.
From the formation of Marshall Space
Flight Center in 1960 until he became its
director. Rees served as deputy director for
technical and scientific matters.
Born In Trosslngen, Wuerttenberg, Ger-
many, he received his scientific and engi-
neering education in Stuttgart and at the
Dresden Institute of Technology,
After graduating, he became assistant to
the manager of a steel mill in Leipzig, Ger-
many.
His career In rocketry began in 1940 when
he became technical plant manager of the
German Guided Missile Center in Peene-
muende.
Becoming a U.S. citizen In 1954, Rees then
devoted his professional life to both his
dreams and his adopted country.
The quiet Rees. however, never boasted of
his personal achievements.
He was, as one associate put it, "a com-
pany man."
Despite his modesty, the scientific world
recognized in him a uniqueness seldom
found.
His credits speak for themselves.
He holds the Exceptional Civilian Service
Award presented by the Department of the
U.S. Army; the Distinguished Civil Service
Award from the U.S. Department of Defense:
the Medal for Outstanding Leadership and
two Distinguished Service Medals from the
National Aeronautics and Space Adminis-
tration; the Distinguished American Award
for Exceptional Service through space
science, and the Oberth Award of the
American Institute of Aeronautics and As-
tronautics.
FARM SUBSIDY LIMITATION
HON. GLENN M. ANDERSON
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. ANDERSON of California. Mr.
Speaker, since entering Congress I have
fought to end or at least curb the farm
EXTENSIONS OF REMARKS
subsidy program which pays agribusi-
nessmen not to grow crops. This multi-
billion dollar program is a disaster to
both the taxpayer and the consumer.
In addition, the farm subsidy program
serves primarily the special interest ag-
riculture conglomerates who are not in
need of this kind of "welfare."
Thus, today I am reintroducing a pro-
posal to limit Federal farm subsidies to
SIO.OOO per crop per farm.
The 91st Congress took a step in this
direction when it set a limit of $55,000
per crop per farm. However, due to slack
administration of the program, huge
farm corporations and absentee fat cats
are still collecting enormous sums of tax
dollars.
WASTE OF TAXPAYER'S MONEY
In this era of a record high public
debt — interest on which costs the tax-
payer over $20 billion a year — we have a
responsibility to reduce Federal spending
in order to get the very most out of the
tax dollar, and to provide a measure of
tax relief to the moderate and middle-
income wage earner.
The first item we should cut is the farm
program that pays billions of dollars to
producers of cotton, wheat, and feed
grain not to grow crops.
For the 5 -year period 1966 through
1970, the Department of Agriculture paid
between $2.5 billion and $3.3 billion an-
nually in direct payments to producers
participating in the cotton, wheat, and
feed grain programs. In 1970, 17 pro-
ducers received between $500,000 and
$3.5 million each; and over 300 produc-
ers received over $100,000 each.
In 1970, to restrict what was quickly
becoming "welfare for the rich," Con-
gi-ess limited to $55,000 the amount of
direct Federal payments a person could
receive armually under the cotton,
wheat, and feed grain programs.
This restriction was to save an esti-
mated $68 million a year. However, due
to administratibe decisions made by Ag-
riculture Department officials, there was
no significant reduction in 1971.
The General Accounting Office con-
ducted a study of the arrangements made
by some agribusinesses to avoid the in-
tent of the law, and slip through the
loopholes allowed by the Department of
Agriculture. They revealed that agri-
businesses were simply leasing part of
their acreage, and thus collecting both
government payments, and rental fees.
One such operation was in California.
According to the General Accounting
Office:
A California corporation and Its wholly
owned subsidiary leased about 11,600 acres
of cotton allotments, worth about $2.5 mil-
lion on the basis of 1971 direct payments, to
five newly created organizations qualifying
for 53 separate payment limitations. In addi-
tion to receiving lease fees, the corporation
contracted with the organizations to farm
the cotton for fees based on the cost to pro-
duce the crops. This latter arrangement,
called custom farming, allowed the 53 Indi-
viduals to receive Federal payments of about
$2.5 million without actually farming.
Another such method to avoid the in-
tent of the law is the practice of forming
partnerships, a la John Wayne. The GAO
revealed a case in Mississippi which il-
lustrates this technique:
479
Under the 1970 cotton program, a Mis-
sissippi farmer received about $87,000 and his
adult son received about $46,000. Had the
father made no changes in his farming op-
eration for 1971. he would have qualified
for payments, in the absence of the payment
limitation, of about $79,300. Application of
the $55,000 payment limitation would have
resulted l.i reducing his payments by about
$24.j00.
In 1971, however, the father and son com-
bined their firming operations and joined
with a son-in-law to form a three-member
partnership. The partners Increased the size
of their farming operations by leasing ad-
ditional cotton allotments and. as a result,
were eligible, before application of the pay-
ment limitation, for $165,152 in 1971 cotton
program payments. Because each of the three
partners could receive $55,000. or a total of
S165.000. a savings of only $152 resulted.
These are not rare examples, Mr.
Speaker. According to a March 1972 De-
partment of Agriculture report:
Of about libo^roducers who received more
than $55,000 eaci} in 1970 payments under
the three programs; 1046, or 77-^. changed
their farming Interests or operations for 1971,
GROCERY PRICES ARE HIGH
While the taxpayer pays up to $3.3
billion to benefit agribusiness, he does not
receive the benefit of low-cost food and
fiber.
Choice steers at Omaha rose from
about $29 per hundredweight in Janu-
ary 1971 to nearly $34.50 in December
1971. In February 1972, choice steers at
Omaha were at a 20-year high of $37 per
hundredweight.
In fact, food costs have increased by
7.4 percent since the beginning of phase
II in November 1971.
According to a study commissioned bv
former Secretai^ of Agriculture Hardin,
food and fiber can be produced at reason-
able prices without the Government sub-
sidy. The report, issued on June 16. 1972,
states :
We feel the agricultural industry can pro-
vide adequate supplies of food and fiber at
reasonable prices and equitable returns to
resources. Including family labor, with a min-
imum of government Intervention. Programs
costing the U.S. taxpayers $4 to $5 billion
annually are not needed for these purposes.
Mr. Speaker, the housewife who buys
the family groceries knows that prices
are high and getting higher.
This farm giveaway program cannot
be justified by claiming to keep down
the price of groceries,
CONCLUSION
Mr, Speaker, the taxpayer is tired of
paying his hard-earned dollars to the
Government. He is especially irate when
the program is of no benefit to him, but,
instead, benefits the wealthy.
The taxpayer would like a cut in taxes,
but that cut cannot come until we reduce
Government spending.
Let us get the fat-cat agribusiness-
men — who would not know a boll weevil
from a weaved bowl — off the backs of the
taxpayer. Let us dump the farm pro-
gram, and save the taxpayer billions of
dollars a year.
How can anybody- possibly justify pay-
ing billions of dollars to agribusiness for
not growing crops while millions of
Americans are being denied an adequate
diet? While the taxpayer continues to
bleed? While the national debt climbs to
almost half a trillion dollars? And while
^480
the consumer pays record-high prices for*
groceries?
I cannot.
Mr. Speaker, if we cannot completely,
end this blatant waste of tax dollars, let i
us at least put a lid on it by enacting this
proposal which would limit farm pay-
ments to $10,000 per farm per crop.
JET NOISE CURFEW NEEDED
HON. BENJAMIN S. ROSENTHAL
OF NEW YORK
IN THE HOUSE OP REPRESENTATIVES
Saturday, January 6. 1973
Mr. ROSENTHAL. Mr. Speaker, the
problem of excessive noise abuse from
jet traffic has dominated citizens' con-
cerns ever since the first jet began
swooping and soaring over their homes.
The situation has deteriorated for resi-
dents as jet traffic has increased to a
point of constant bombardment of noise.
Studies amply demonstrating the psycho-
logical traumatic effects on people have
been made on the debilitating effects of
et noise. The noise impact is 10 times
more disturbing during the normal sleep-
ing hours, ^vhen it is much more difficult
to assimilate sounds, than during the
May.
Action by airports and airlines to rem-
edy the problem have been inadequate
for the most part. The constitutional
light to domestic tranquility includes
freedom from noise. Unfortunately, this
largely h?s been blatantly ignored by the
noisemakers.
One of the few successful attempts at
regulation has been the ban on late eve-
ning and predawn jet traffic at Wash-
ington National Airport. I strongly urge
other airports to follow this example. It
is morally, socially, and environmentally
ne?essary.
Increasingly, and at a very disturbing
rate, the people are furiously complain-
ing about the sleep-shattering whine and
roar of jet aircraft operating out of near-
by airports. The complaints have been
present for some time but are even more
vociferous today because those responsi-
ble have failed to substantially reduce
engine noise levels.
The airlines apparently favor increas-
ing noise levels to correspondingly in-
crease public tolerance and thereby build
a generation of Americans acclimated —
albeit slightly deaf — to aircraft noise pol-
lution. The carriers are perhaps the worst
offenders; with only the slightest excep-
tions they have shown themselves un-
willing to do anything substantive to
reduce noise, especially if it looks like
it will cost them money. At the same
lime, however, they are constantly run-
ning to the Civil Aeronautics Board for
rate increases. Their greed will get the
best of them. They have an obligation
to the public, too, not just their stock-
holders.
The industry has shown itself unwill-
ing even to discuss the matter; the Con-
gress cannot ignore this arrogance.
FAA Administrator John Shaffer ac-
knowledges that aircraft noise —
EXTENSIONS Of REMARKS
I3 the single greatest impediment to air-
port development In the United States at the
present time and prompt remedial action Is
required If we are to meet the projected
growth of aviation In the 1970's and beyond.
Unfortunately, lip service is about all
he's willing to give to this effort.
Those thousands of my constituents
who live near La Guardia Airport and
beneath its flight patterns, like those in
other cities, suffer the consequences of
decades of neglect of the noise pollution
problem. Most of them were there before
the jets arrived.
They used to live in comfortable, con-
venient neighborhoods which, while
noisier perhaps than rural areas, none-
theless struck a reasonable balance be-
tween city hustle and bustle and sub-
urban quietness. But today, that balance
is gone. Now those people come home
from their jobs and find themselves be-
neath an intolerable roar as jetliner after
jetliner screeches over their roofs. The
night does not bring peace to them be-
cause La Guardia and the Port of New
York Authority do not or will not under-
stand or recognize the citizen's right to
quiet.
These city dwellers have lost that bal-
ance of toleration which once existed in
their neighborhoods. They find that their
homes offer not less, but more noise, more
distraction and more simple human dis-
comfort than their jobs in the heart of
the city.
Alleviation of this situation is not ter-
ribly difficult. A reasonable solution
would be to begin curtailment of all but
essential military air traffic from sched-
uling departures and arrivals between 10
p.m. and 7 a.m.. the hours normally re-
served for sleeping.
The number of flights during those
hours is relatively small. At La Guardia,
for example, only 29 of the days 716
flights arrive or takeoff between 10 p.m.
and 7 a.m., or about 4 percent of the total
operations for the 24-hour period, ac-
cording to Federal Aviation Administra-
tion figures for March 1972. That's a
drop of 1 percent — 36 out of 718 opera-
tions— from a year before. In June 1970.
44 of 662 flights, or about 6.6 percent,
were during these sleeping hours.
The new generation of air buses like
the DCIO and LlOll are quieter than
their predecessors, but that is only rela-
tive and they will remain in the minority
of operational jet aircraft for many years
to come. The louder first generation of
narrow-body jets will continue to com-
prise the bulk of the domestic airline
fleets throughout the 1970's.
Not all middle-of-the-night flights
carry passengers. A great many are all
freight at many terminals. Others are
what are called repositioning flights,
which are primarily designed to move a
pjjane from one city to another to be on
hand for the next day's service. To
schedule these at less disturbing times
would beneflt thousands, if not millions
of people, whUe offering the airlines only
minor inconvenience.
The number of flights during normal
sleeping hours is relatively small. But it
does not seem that way if you happen to
live nearby. Then the din of the air-
January 6, 1973
craft becomes almost unbearable. Air-
craft noise during these hours has a
compounding impact on residents be-
cause the noise cannot be assimilated
as it is during the day with other noises.
One jetliner taking off at midnight has
10 times the effective noise impact of the
same plane taking off at noon.
Washington National Airport prohibits
scheduled jet commercial traffic between
10 p.m. and 7 a.m. The FAA, which runs
National, and the airlines operating out
of the airport, have a voluntary agree-
ment on the night flight limitations. The
agreement began in 1966 and has worked
rather well. Only minor adjustments by
the airlines were needed in rescheduling
flights to conform. Similar agreements
exist in Los Angeles, Newport Beach and
Fresno, Calif., and Boise, Idaho, as well
as London, Tokyo, Geneva, Zurich and
many other major European cities.
The constitutional right of domestic
tranquility includes freedom from op-
pressive noise. Steps must be taken by
airport managements, airlines, and pub-
lic officials, including the Congress, to
protect and respect that right and to halt
the acoustic abuse heaped mercilessly
upon the citizenry.
I have personally written to the Port of
New York Authority, La Guardia Airport
management and the airlines using that
airport, requesting they voluntarily set
noise ciu-fews. For once, those noise-
makers are strangely silent. They have
turned a deaf ear on the request. Their
silence is a demonstration of their con-
tempt for the people bombarded by air-
craft noise. It is also further evidence
that voluntary self-regulation, which in-
dustry in general professes to prefer, is
meaningless. The only answer, unfor-
tunately, appears to be stiffer govern-
mental regulation.
Mr. Speaker, I am, therefore, offering
today legislation to take the first step
toward solving the problem of aircraft
noise pollution. What I propose is a
thorough study of the possibilities of es-
tablishing curfews on nonmilitary flight
operations at the Nation's airports.
This bill, the Airport Noise Curfew Act
of 1973, would set up a nine-member
commission consisting of the Adminis-
trator of the Environmental Protection
Agency, the Administrator of the Federal
Aviation Administration, two represent-
atives of the aviation industry' and five
public members. They would report the
findings of their investigation and their
recommendations to the Congress within
6 months of creation.
This Commission would be a tempo-
rary investigative body, not a new gov-
ernmental agency. It would exist solely
for the purpose of informing the Con-
gress and would go out of existence upon
submitting its report and recommenda-
tions.
A curfew on aircraft operations is a
short term solution to the problem and is
not meant to be an alternative to such
long term answers as quieter engines and
improved operational procedures. Both
approaches are needed; they are comple-
mentary. This bill is a valuable and im-
portant first step toward solving the vex-
ing problem of aircraft noise pollution.
January 6, 1973
A curfew would help combat another
form of pollution as well. The hours be-
tween sunset and simrise are usually
when the atmospheric eround-based
temperature inversion layer grows vig-
orously and aggrevates our air pollution
problem. Therefore, reducing nighttime
jet traffic for noise reasons also reduces
significantly the amount of polluting ex-
haust from jet engines being injected
into this stable surface layer of air in
which we all live. So, Mr. Speaker, a cur-
few on nighttime operations would not
only let airport neighbors get a good
night's sleep but also to breathe cleaner
air while they slumber.
The cosponsors follow:
cosponsors of the alrport noise curfew
Act op 1973
Benjamin S. Rosenthal, Bella S. Abzug,
Prank Annunzlo, Herman BadlUo, Frank J.
Brasco. Joshua Ellberg, Ella T. Grasso, GU-
bert Gude, Ken Hechler, Robert McClory,
William S. Moorhead, Bertram L. Podell.
Cliarles B. Rangel, Peter W. Rodlno, Edward
R. Roybal, Lester L. Wolff.
FULL CITIZENSHIP RIGHTS FOR ALL
GOVERNMENT EMPLOYEES
HON. EDWARD I. KOCH
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. KOCH. Mr. Speaker, on the first
day of the 93d Congress, I introduced the
Government Employees Political Activi-
ties Act of 1973 which would insure that
every American's right to free expression
of his political opinions is adequately
protected. We have been requesting con-
cerned American citizens to work
through the political system; but at the
same time, one anachronistic piece of
legislation, the Hatch Act, has the effect
of excluding millions of U.S. citizens from
active political participation. Today I am
cosponsoring legislation which would cor-
rect those provisions in the Hatch Act
that infringe on the political freedom of
Government employees.
The Hatch Act was originally intended.
when it was flrst enacted back in 1939,
to protect public employees from involun-
tary political activity, coercion, and abuse
of office, and its provisions in these areas
remain valuable. However, the effect of
the act's blanket prohibition against ac-
tive political participation has been to
deny these workers their political rights.
What my bill would do would be to elimi-
nate from the present law this sweeping
prohibition against political activity by
Government employees. The only restric-
tion on political activity to remain would
be a prohibition on holding a salaried
office in a partisan political club. Fur-
thermore, this bill would empower the
Civil Service Commission to take action
against officials, including these ap-
pointed by the President — who are not
currently subject to Civil Service Com-
mission jurisdiction — that it finds guilty
of unlawful coercion. Most important,
however, for civil service employees, the
prohibition against soliciting political fl-
nancial contributions is retained, so that
CXIX .31— Part 1
EXTENSIONS OF REMARKS
these employees nay not be made the
subject of politi;al extortion. The Civil
Service Commission would have a func-
tional interrelationship with the Depart-
ment of Justice by referring violations for
criminal prosecution. At the present time,
the Justice Department is empowered to
initiate such actions, but has rarely pur-
sued such prosecutions in the past.
When the Hatch Act was first enacted,
the extent of its coverage was by modern
standards only minimal. Even when the
Hatch Act was am.ended in 1940. to in-
clude State and local government em-
ployees working in programs receiving
Federal funds, less than one-half million
workers were subject to it. Now, after
three decades of growing government re-
sponsibility, that number has expanded
to more than 5 million employees. There
are very few areas of ijiodern society that
are not affected or involved in some way
with Federal programs or programs using
Federal fimds. And there seems every
assurance that more and more Ameri-
cans will come imder the restrictive pro-
visions of the Hatch Act simply by choos-
ing to work for the Federal Government
or a federally funded local project. In
fact. Congress recently expanded the act
even further to cover employees of pri-
vate groups administering community ac-
tion programs funded by the Federal
Government through grants tmder the
Economic Opportunity Act. Certainly it
is ironic that those persons who are con-
cerned enough about public affairs to
choose to work for Federal and State
programs are the ones that are excluded
by this act from political activity.
In 1966, Congress created a Commis-
sion, known as the Hatch Act Commis-
sion, to study all Federal laws restricting
political participation by Government
employees. In its final report, in De-
cember 1967, the Commission noted the
need for substantial reform of the pres-
ent act, particularly in the areas of clari-
fying its vagueness and reducing Its ap-
plication to the fewest employees. As the
Commission noted, most Government
employees are so confused by the more
than 3,000 specific prohibitions issued
over the years by the executive branch
and have so little idea what they are per-
mitted to do that they tend to avoid tak-
ing part in any political activity at all.
Congress has taken the initiative in re-
cent years in expanding the opportuni-
ties for political activity through its civil
rights legislation and the 18-year-old
vote. Is it not about time that Congress
restores to Government employees their
right to free political expression and to
act on the recommendations made by the
Commission that it created?
The city of New York has more than
300,000 municipal employees. A great
number receive some Federal contribu-
tion toward their salaries and are, under
the existing law. "Hatched."
Other Government employees, both
city and State are currently prohibited
from engaging in political activity by
similar local regulations. This bill would
lift the ban on political activity imposed
by any Government agency and would
mandate compliance by any State or city
agency in order for that agency to receive
revenue sharing moneys. This bill, if en-
481
acted, would restore full citizenship to
all Government employees.
THE ROGERS DOOR
HON. ELFORD A. CEDERBERG
OF ICCHICAN
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. CEDERBERG. Mr. Speaker, as we
convene in this great building, a con-
stant symbol of the strength of our de-
mocracy and the central place that rep-
resentative legislative goverment has in
it, I want to take this opportunity to
bring to the attention of my colleague one
of the finer works of art which grace
the Capitol.
The Rogers Door, a monumental me-
morial in bronze to the discoverer of our
land, lends a dignity to the Capitol be-
fitting the life and work of Columbus. It
was with some surprise and a great deal
of delight that I learned recently that
the great-great-niece of the artist. Mrs.
Mildred Yahnka, was a resident of Bea-
verton, Mich., in my congressional dis-
trict. As will be seen from the newspaper
article which I am adding to my remarks,
Mrs. Yahnka never tires of bringing to
the attention of potential visitors to the
Capitol the monument which Randolph
Rogers created in the memory of Colum-
bus. By doing so she certainly shares in
the pride which we all have for the beau-
ty of the Capitol Building but more than
that, I am sure that this reminder serves
to draw attention to the many other
works of art in the Capitol. Certainly we
who walk these halls daily overlook the
value and history of the beauty in the
building.
I commend the following article, by
Mrs. Genevieve Lloyd of the Midland
Daily News, to the attention of my col-
leagues and hope that each of us will be
prompted to be more aware of the artistic
heritage which surrounds us in this sym-
bol of our democracy.
The article follows:
The Rogers Door
(By Mrs. Genevieve Lloyd)
"Don't forget to see the large bronze doors
at the front entrance to the Capitol Build-
ing," said Mrs. Mildred Yahnka when she
learned a Washington, D.C. trip was being
planned.
It wasn't until our return that she was
aware the famous Rogers Door, sometimes
referred to as the Columbus Door, had been
transferred to the East Wing of the Rotunda.
She explained that they had not visited
the Capitol since the summer of 1932.
Randolph Rogers, the world known sculp-
tor and great, great uncle to Mrs. Yahnka.
designed and modeled the door.
Mrs. Yahnka, a retired school teacher from
Dearborn, Michigan, and now a resident of
Beaverton. said she remembers her father
telling how Uncle Randolph came to Qulncy
(Michigan) to visit the family.
"Its like a folklore." she said, "handed
down from generation to generation."
She recalled that the stories her father
related to them were very realistic.
"He used to come to Qulncy to visit his
sister, Rebecca Rogers," she said.
"He always went to the Qulncy House
Hotel, dressed in a homespun suit, carrying
all of his money In a carpet bag. He would
182
register, throw the hag of money under the
;lerlc'3 desk and then go to the livery stable.
There he would hire a horse and buggy and
Irive out to the homestead to visit his sister,"
Mrs. Yahnka's great, great aunt.
Mrs Yahnkas father, Charles H. Meredith.
Randolph Rogers' great nephew, was born in
1870 and died In 1947. He preceded her
nother in death.
There are two daughters. Myrtle Inez
i.Ieyers who still lives In Allen, Michigan
vlthin five miles of Quincy, and Mrs. Y'ahnka.
;he younger of the two. Her father was super-
■ bor of Hillsdale county and constructed
nany roads and bridges lii the Quincy, Allen,
iiUsdale area and throughout southern
Vllchigan.
■■My grandmother," Mrs. Harriet West
Meredith, niece of Randolph Rogers, also
■told us many interesting ■tales' ".
■One specific thing, and I remember It very
.ividly," she said, "is grandmother telling
[low he sat by the hour, days In and days out,
Irawing. redrawing, and drawing again the
Datiern for the door."
The Rogers Door, measuring 16 feet 8
.nches by 9 feet 9 inches, and dating back
;o November 1863, was Installed between
Statuary Hall and the south extension, and
in 1871 it was removed to the East Portico
intrance.
It has two valves, with four panels in each
ialve, and one semi-circular transom over
;he entire door. The scene depicts events In
;he life of Christopher Columbus. The sculp-
turing was done in 1858 in Rome, Italy and
;ast in Munich, Germany by Ferdinand von
Miller at the Royal Bavarian Foundry in 1861.
Ill vle-.vlng some of the highlights of the
'amous door, you can see scenes of "Colum-
3US Before the Council of Salamanca, 148&-
.487 '; "Columbus' Departure from the Con-
rent of La Rablda. 1492"; "Departvire of
:olumbus from Palas, August 3. 1492"; "The
:^ndlng of Columbus In the New World,
Dctober 12, 1492, ' "Columbus' First Encount-
T with the Indians"; "Entry of Columbus
;nto Barcelona, 1492"; "Columbus In Chains,
L500' and 'Death of Columbus, 1506."
On the door, on the sides and between
hese panels, Rogers sculptured sixteen small
statues, set In iches, of eminent contem-
3orarles of Columbus.
Bet'Acen the panels of the door and at top
ind bottom of the valves are ten small heads,
rhese heads represent historians who have
vrltten on Columbus' voyages. Above the
;ransom arch are the bust of Columbus, the
\merlcan Eagle and flags. The door is covered
vlth heraldic emblems of that period.
The most recent move, Included in the ex-
:enslon of the Capitol project, was transfer-
•mg the door to its present location, liVl961,
to the extended East Portico entrance.
Talking about her great, great uncle, Mrs.
J'ahnka said that he married in Italy. (Con-
;rary to history and encyclopedia books which
states he married In America.)
"I believe he was married when he went
there to do his carving," she said, "which re-
sulted in more than three years before com-
pleting his work."
"I cannot remember his wife's name, but
believe she was of Italian descent," Mrs.
Yahnka said.
"To my knowledge, my family, at least go-
ing back through my grandmother Meredith,
never met her."
"However." she said, "they learned about
her through Randolph's letters."
Mrs. Yahnka. who graduated from Elastern
Michigan University with an art major moved
from Allen, Michigan to Ypsllantl while at-
tending college there. A classmate, in art,
once told her that she knew of great grand-
children of Rogers, and who were at that
time, living In Toledo. Ohio.
"I didn't realize the importance of family
ties." she said.
"Even my Instructors tried to encourage me
to make an attempt to locate them, but I
EXTENSIONS OF REMARKS
didn't have the foresight to pursue the
search."
Randolph Rogers was born in 1825 and died
1892. He was noted for his memorial monu-
ments and his monuments to the state of
Michigan and Connecticut. His works are
displayed In the Detroit Museum of Arts, also
at the Chicago Museum. "And," Mrs. Yah^ika
and, "I have been told he has additional art
work in the San Francisco Museum of Cali-
fornia."
He was born In Waterloo, New York, but
"came to Ann Arbor," which is about 90 mile-,
from Quincy, "where he spent most of his
boyhood."
Still reminiscing, she recalls her grand-
mother telling that Rogers studied under
Lorenzo Bartollni in Rome.
"And I believe," she continued, "he at-
tended school at the University of Michigan
before going to Rome."
"I can't remember at what time in his life
that he returned to Rome to live, but my
grandmother told us that he died there."
Mrs. Yahnka, who taught school at Mar-
shall, Dearborn and Garden City, resides with
her husband. Otto P. Yahnka at 3891 We.-^t
Calhoun Road in Beaverton. They have one
daughter, Martha, who is married to Dr.
Roger P. Luneke, and three grandchildren.
Their home, Bellevue, Michigan, is within
50 miles of Quincy where Randolph Rogers
came to visit the Rogers, West and Meredith
families.
January 6, 1973
JAMES ELBEL HOWE RETIRES AS
DIRECTOR OF STATE LEGISLA-
TIVE COUNCIL OF UNITED TRANS-
PORTATION UNION
HON. GEORGE E. DANIELSON
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Saturday. January 6, 1973
Mr. DANIELSON. Mr. Speaker, it is
my pleasure to commend and to call rec-
ognition to James E. Howe on the occa-
sion of his retirement as director of the
California State Legislative Board of the
United Transportation Union. Jim Howe
has served as the first director of the
State board since its inception in 1969,
in which capacity he has represented
with honor and distinction the members
of the union. He has retired as of Decem-
ber 31. 1972.
For the past 30 years, James E. Howe
has been a leading representative of the
railroad workers of California, and he
served for a period of years as the chair-
man of the California State Legislative
Board of the Brotherhood of Railroad
Trainmen. He joined the brotherhood in
1928, and has held continuous member-
ship since that time. During the years he
has held the positions of local secretary
and treasurer, legislative representative,
chairman of the legislative board, and
legislative director.
As a representative of railroad em-
ployees of California. Jim Howe was con-
tinually an ardent and fair advocate of
all legislation designed for the protection
of the public and for the improvement of
the status and working conditions of rail-
road workers. He has proven to be a tire-
less student of the problems of the raU-
road industry and its various employees,
and always has been willing to lend his
knowledge and talents to officials and
governmental committees who requested
his expert advice to assist them in their
deliberations.
James Elbel Howe was bom in Berke-
ley, Calif., on August 12, 1907; his father
was a native Californian and his mother
was bom in England. His grandfather
was one of the first judges under Mexi-
can rule. His education was in California
in Calaveras County, Berkeley, Lan-
caster, and UCLA Extension. Jirn Howe
has 49 years of sei-vice on railroads as
clerk, switchman, brakeman and con-
ductor. For 43 years he has been mar-
ried to Lillian Payton Howe. Jim and
Lillian were constituents of mine for
years when I sei-ved in the California
State Legislature, before they moved to
Sacramento where Jim assumed the post
from which he has just retired.
Jim has also been involved in com-
munity affairs. Since 1940 he has been
a member of the Elks, since 1945, a
Mason, and since 1959, a Shriner.
Jim Howe's service has been not only
to railroad employees and members of
the union, but his work has had a bene-
ficial effect on the people of California
and this country, as well. I am pleased
to extend congratulations and felicita-
tions to James E. Howe for his meritori-
ous service on the occasion of his retire-
ment as the director of the California
State Legislative Board of the United
Transportation Union, and to extend
best wishes and hopes to him and his
wife for many years of happiness in the
future.
STRENGTHENING OUR CORREC-
TIONAL INSTITUTIONS
HON. BILL CHAFPELL, JR.
OF FLORIDA
IN THE HOUSE OF REPRESENTA'HVES
Saturday, January 6, 1973
Mr. CHAFPELL. Mr. Speaker, I am to-
day introducing five bills which deal with
the strengthening of correctional insti-
tutions, revamping of the parole system,
striving for a reduction in repeat offend-
ers, the upgrading of training opportu-
nities for law enforcement ofiBcers, and
the curtailment of international nar-
cotics entering the United States.
These bills are the result of recom-
mendations by my citizens committees
in the Fourth District of Florida and
show the genuine concern of my people
in a better America.
The correctional center bill would as-
sist the States in the construction and
maintenance of correctional facilities
providing a broad range of services and
programs including educational, voca-
tional, and recreational programs, medi-
cal, psychiatric, dental care, and coun-
seling.
The real intent of this measure is to
cut down on what we might call the pro-
fessional jailbird — the one who comes in
for a light sentence but who is jailed
with longtime criminals and thus, him-
self, becomes a hardened and repeat
criminal.
Three kinds of centers would be estab-
lished under the bill : regional youth cor-
rection centers for the treatment of
yoimg adults and youth; centers for per-
Jamiari/ 6, 1973
sons sentenced to a year or less; and cen-
ters for longer term offenders, the men-
tally ill and the violent and dangerous.
My parole bill would give more lati-
tude to parole boards in evaluating an
offender who has made a serious at-
tempt to rehabilitate himself. The bill
also provides that where an offender is
to be imprisoned for more than 180 days,
a complete study be done on him to as-
sist parole officials in determining the
best rehabilitative steps to be taken.
Mr. Speaker, society cannot afford to
continue with the type of system we now
have that encourages a prisoner to con- _
sider the institution his home. I am en- '
couraged by the hearings which the Ju-
diciary Committee held on this measure
and others during the last session. I
trust the committee will report out a bill
early in this Congress.
The third crime measure I introduce
today would enable a policeman to take
a year's leave of absence to return to
school for additional training hi colleges
and police academies. The bill provides
for grants equal to 1 year's salary.
The fourth measure, the Interna-
tional Opium Control Act, authorizes
the President to negotiate treaties with
other nations to stop the flow of illicit
drug traffic. It empowers the President
to withhold economic and military as-
sistance from any nation which con-
tinues to allow the exportation of drugs
which enter America.
One of the most effective ways to erad-
icate drugs from our society Is to dry up
their sources. It is absolutely Imperative
that we get nations to agree on regula-
tions and enforcement against drug
traffic.
One of the key factors in effective
law enforcement is the proper dissemi-
nation of information among law en-
forcement agencies. To assist our State
and local law enforcement agencies in
this area, I am introducing a bill to au-
thorize the Attorney General to ex-
change criminal information with other
law enforcement agencies.
Mr. Speaker, I invite my colleagues to
examine these bills and to join with me
in working for legislation this session to
improve our correctional system, stop
the flow of narcotics, and assist our law
enforcement officers in carrying out
their duties.
THE LEGION OF ESTONIAN LIBERA-
TION POLLS ITS MEMBERSHIP—
A SUMMARY
HON. SAMUEL S. STRATTON
OF NEW YORK
IN THE HOUSE OP REPRESENTATIVES
Saturday, January 6, 1973
Mr. STRATTON. Mr. Speaker, during
the first 2 weeks of October 1972 the Le-
gion of Estonian Liberation polled Its
membership on a number of national and
International issues, and later that
month sent me a copy of the results of
the poll.
I believe the summary of this poll will
be of interest to other Members of the
House and therefore Include the sum-
mary at this point:
EXTENSIONS OF REMARKS
1S72 Membership Opinion Poll
(Responses in terms of percent, unless ranked
in numerical order)
1. Do you believe that the Economic Stabi-
lization Program announced on August 15,
1971 by President Nixon has achieved its
main goal of controlling inflation? Yes 58.5,
No 26.6, No opinion* 14.9.
2. Do you approve of the Nixon Adminis-
tration's policies of trade? a. with U.S.S.R.?
Y'es 25.5, No 69.2. No opinion 5.3. b. with
China? Yes 44.7, No 35.1, No opinion 20.2.
3. Do you favor the President's recent
efforts to open more normal relations with
China? Yes 52.1. No 37.2, No opinion 10.7.
4. a. Do you favor the continuation of the
. wage-price controls? For six months 6.4, For
1 year 24.5. For 2 years 60.6, Not at all 4.5, No
opinion 4.0, b. If continued, do you feel they
should be made more stricter 74.5, Less
stricter 7.4, No opinion 18.1.
5. Would you favor the adoption of a no-
fault auto Insurance program on a national
level? Bv an Act of Congress 72.4, On a State
by State basis 7.4, Not at all 12.8, No opinion
7.4.
6. Should busing of students be required
to achieve greater racial balance in our
schools? Yes 4.3, No 87.2. No opinion 8.5.
7. The National Commission on Marihuana
and Drug Abuse has recommended that the
possession of marihuana for personal and
private use no longer be an offense, a. Would
you favor such a change in Federal law? Y'es
16.0, No. 69.1, No opinion 14.9. b. Do you be-
lieve that the use of marihuana has greater
or lesser social consequences than the use of
tobacco and alochol? Greater 74.4, Lesser 10.6,
No opinion 16.0.
8. How would you characterize present U.S.
expenditures for defense? Too high 6.4 Too
low 42.6, About right 50.0, No opinion 1.0.
9. On the basis of personal trust, whom
would you trust more as the President?
McGovern 0.0, Nixon 90.4, Not sure 6.4, Oth-
er-Schmitz 3.2.
10. After President Nixon's plan to with-
draw U.S. troops from South Viet Nam Is
completed, do you think the U.S. should
continue to send military aid? Yes 87.2, No
3.2, No opinion 9.6.
11. Do you support the all volunteer army
concept for national defense? Yes 21.3, No
68.1, No opinion 10.6.
12. Would you favor a "Value Added" tax,
m effect a national sales tax, as a method
to reduce property taxes? Yes 53.2, No 21.3,
No opinion 25.5.
13. Should the Federal Government pass a
law requiring the registration of all hand-
guns? Yes 80.8, No 16.0, No opinion 3.2,
14. Should Congress limit the President's
power to commit U.S. troops to an unde-
clared war? Yes 19.1, No 74.6, No opinion
6.4.
15. Which political party do you think can
do a better Job of handling :
a. High cost of living? Rep. 72.3, Dem.
3.2, No difference 24.5.
b. Viet Nam war? Dem. 1.1, Rep. 80.8, No
difference 18.1.
c. Crime /lawlessness? Rep. 72.4, Dem. 1.1,
No difference 25.5.
d. Race relations? Dem. 5.3, Rep. 62.8, No
difference 31.9.
16. The prisoner of war Issue is one of the
main stumbling blocks in terminating our
military role In South Viet Nam. If the en-
emy does not yield and the last issue to be
resolved is their demand that we withdraw
our support from the South Vietnamese Gov-
ernment, would you agree to this demand to
terminate the war and get our prisoners
back? Yes 10.6, No 78.8. No opinion 10.6.
17. Do you favor the U.S. establishing dip-
lomatic relations with :
a. Cuba? Yes 11.7, No 83.9, No opinion 6.4.
b. China? Yes 43.6. No 43.6, No opinion
12.8.
483
•No opinion Includes no answers.
18. Do you favor a Constitutional amend-
ment limiting the Presidency to a one six
year term? Yes 53.2, No 39.4. No opinion 7.4.
19. If you had to rank the major causes
of Inflation today, in what order would they
be? (Please rate 1, 2, 3, etc.)
a. Excessive wage demands 1;
b. Excessive price increases 3;
c. Excessive Government spending and
deficits 4;
d. Excessive business profits 2; and,
e. Balance of trade deficits 5.
20. An issue that the Congress and the
President will face In the near future is
that of amnesty for those who left the U.S.
to avoid the draft. Under what conditions
would you favor amnesty?
a. After hostilities have ended in Viet Nam
and the prisoners have been returned and
then on an individual and selective basis
as was done after World War II 20.2;
b. On condition that they perform some
kind of alternate public service for (1) one
year 1.1, (2) years 10.6, (3) more than
two years; 16.0.
c. Never under any conditions 47.9;
d. Grant amnesty now without any con-
ditions 2.1; and,
e. No opinion 2.1.
21. Do you favor Federal revenue sharing
with State and local governments? Y'es 62.8.
No 14.9, No opinion 22.3.
22. Do you believe the U.S. tax system
should be restructured? Yes 76.6, No 6.4,
No opinion 17.0.
23. Should Federal and public employees
have the right to strike? Yes 5.3, No 90.4, No
opinion 4.3.
24. Do you think the Federal antl-poUutlon
programs should provide for:
a. More stringent controls 68.0;
b. Less stringent controls 6.4;
c. As present 16.0; and,
d. No opinion 9.6.
25. Would you be willing to pay higher
taxes and prices to support antl-pollutlon
programs? Yes 37.2, No 45.8, No opinion 17.0.
26. Would you favor more research for and
help solve the energy crisis? Yes 80.9, No
13.8. No opinion 5.3.
27. Should more stringent controls be
established to protect the consumer? Y'es
89.4, No 2.1 , No opinion 8.5.
28. Do you favor reduction of funds for
foreign aid? Yes 70.2, No 26.6, No opinion 3.2.
29. Do you favor creating a national child
day care program (Including educational
and nutritional services) to enable mothers
to work and thereby reduce welfare rolls?
Y'es 67.0, No 20.2, No opinion 12.8.
30. Do you favor a minimum guaranteed
annual Income for every family? Yes 29.8,
No 51.1, No opinion 19.1.
31. Should the Federal Government insti-
tute a national lottery to obtain additional
revenue? Yes 77.7, No 8.5, No opinion 13.8.
32. Should the space program be contin-
ued at Its present level? Yes 69.1. No. 16.0.
No opinion 14.9.
33. Should the number of U.S. troops in
Europe be reduced? Yes 17.0, No 77.7, No
opinion 5.3.
34. Would you support the position that
air piracy or hijacking Is not Justifiable un-
der any circumstances? Y'es 64.9, No. 22.3.
No opinion 12.8.
35. Do you think the U.N. is doing a good
job in handling and solving the problems
It faces? Yes 4.3. No 87.2, No opinion 8.5.
36. The U.S. contributes the largest per-
cenatge and total dollars of the U.N. budget.
However, on a per capita (per person) basis,
the U.S. contribution is not the highest. Do
you think the U.S. monetary support of the
United Nations should be: Increa.sed? 2.1,
Decreased? 76.6, Remain the same-' 21.3.
37. Do you support the Strategic Arms
Limitation Agreement signed by tl^e Presi-
dent with the Soviet Union? 'Yes 29.8. No
54 2. No opinion 16.0.
38. Do you think your local newspapers
484
ri port the news Impartially? Yes 24.5, No
5 i.4. No opinion 19.1.
39. Do you think that network television
fi ,lrlv presents both sides of most Issues?
■ies 16.0. No 74.4. No opinion 9.6.
40. If Presidential elections were held to-
n orrow. to whom would you cast your vote?
M.xon 92.1. McGovern 0.0, Schmltz 7.9.
Saock 0 0.
41. How do you rate President Nixon's
psrformance In office? Excellent 26.6. Good
4 1.9. Fair 13.8. Poor 8.5, No opinion 3.2.
42. How do you rate Vice President Ag-
njw's performance in office? Excellent 59.6,
Cood 29.8. Fair 6.4. Poor 1.0, No opinion 3.2.
43. Please give your rating (In terms of
e :cellent. good, fair. poor, no opinion) of
P-esldent Nixon's performance in the fol-
ic wing areas:
(ii Inflation 6.4 39.3 27.7 14.9 11.7
(biVistnam 16.0 50.0 18.1 6.4 9.5
(c Jobs ... 3,2 34.0 34.0 14.9 13.9
(di Crime 4.2 20.2 28.7 35.2 U.7
(e I Environment 5.3 26.6 41.5 8.5 18.1
(f Race relations 7.3 41.5 25.5 7.4 18.1
(ji Drugs 8,5 21.3 28.7 24.5 17.0
(h I (ielations with
Soviet Union 4.3 27.7 29.7 24.5 13.8
(I Relations with
China 10.6 35.1 26.6 14.9 12.8
() Overall domestic
policy 8.5 47.8 27.7 4.3 U.7
(^ Overall foreign
^ policy 11.7 44.6 21.3 9.6 12.8
Exce.-
lent Good
No
Fair Poor opinion
44. If President Nixon were to ask for your
abvice in any of the above areas In No. 43.
wlhich area would you choose?
a. Inflation 5.1; b. Viet Nam 8.5; c. Jobs
^:
d. Crime 23.7; e. Environment 1.7; f. Race
r4latioDS 0.0;
g. Drugs 5.1; h. Relations with Soviet Union
2tl;
1. Relations with China 5.1; j. Overall
domestic policy 8.5;
k. Overall foreign policy 11.8.
45. Do you see any potential changes In
t^e United States policy of non-recognition
the Illegal annexation of the Baltic States
Estonia, Latvia, and Lithuania?
a. If President Nixon Is reelected?
Yes 14.9. No 78.7, No opinion 6.4.
b. If Senator McGovern is elected Presl-
dtnt?
Yes 58.5, No 24.5. No opinion 17.0.
46. Do you believe that the question of the
Etltlc States of Estonia, Latvia, and Lith-
V iula should be placed on the United Nations
Agenda?
Yes 81.9, No 9.6, No opinion 8.5.
47. Would you favor continued U.S. sup-
port of:
a. Radio Free Europe? Yes 98.9, No 0.0,
t^ opinion 1.1.
b. Radio Liberty? Yes 78.7. No 1.1. No opin-
ion 20,2.
48. Do you support the U.S. decision to
pbrticlpate In the European Security Con-
ifrence? Yes 63.8, No 18.1. No opinion 18.1.
49. Should governments or private orga-
rjlzatlons yield to terrorist demands when
holding hostages? Yes 11.7, No 70,2, No opin-
ion 18.1,
50. Would you support the Idea of granting
sitelUte country status to the Baltic States
h 7 the Soviet union in lieu of complete free-
dsm'' Yes 28.7, No 59.6, No opinion 11.7.
ROBERTO WALKER CLEMENTE
HON. WILLIAM S. MOORHEAD
O? PENNSYLVANIA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. MOORHEAD of Pennsylvania. Mr.
$peaiter, how does one eulogize a giant, a
EXTENSIONS OF REMARKS
man whose deeds and actions were legend
for hundreds of thousands, whose
warmth and humanity and love of life,
brought strength, enjoyment, and broth-
erhood to multitudes?
Indeed, words fail in moments such as
these.
Roberto Walker Clemente, one of the
greatest baseball players the world will
ever know, is dead.
He was virtually loved by thousands
of Pittsburghers who thrilled to his epic
feats on the baseball diamond. He could
run, throw, hit, field, with the very best.
In most of these categories, he was the
standard, the benchmark which his peers
sought to reach.
Fiercely prideful, Bob Clemente played
18 years for the Pittsburgh Pirates, lead-
ing them to two world championships
and t\«o division championships. He won
every laurel a player could, including
most valuable player, the batting title,
the golden glove for his excellent field-
ing, outstanding player in the world's
series, and just last year, although miss-
ing a good part of the season, he man-
aged to bang out the 3,000th base hit of
his career, a feat only matched by 12
men in all of baseball.
His performances on the field were
virtuoso. Some people described his play
and his demeanor as regal. He was
simply the complete ball player.
Yet he was more,
A super star, making well over $100,-
000 per year, he never forgot the real
owners of the game, the fans. He always
said that he played for them and for
them only.
His native Puerto Rico and his beloved
countrymen were always uppermost in
his thoughts. During the off season he
would play for the local team and dis-
play those talents that made him great.
He worked with the children of Puerto
Rico, always mindful that many would
not have the same opportunities which
he did. Roberto's great dream was to
erect a sports city for the children of
Puerto Rico, where they could play and
learn and thrive on the competition and
joy which are so much a part of or-
ganized athletics.
Unselfish, a dedicated family man, a
nationalist, a good man — these but
scratch the surface of Bob Clemente.
He died in a plane crash while on a
mercy mission to help those suffering in
neighboring Nicaragua. This is the man,
Clemente.
He was a catalyst for the city of Pitts-
burgh. He was one thing that all people
of our city, no matter their color or social
status could agree upon. Roberto was
"the Great One."
It is a label he lived up to in a dozen
ways.
Our city and its residents were shocked
and dumbfounded at the news of his
death. He meant so much to the fans as
a player, yet he was even more as a
symbol.
The untimely death of a man like
Clemente often forces us to realize how
mortal we all are and how fragile, brief,
and faulted our time on earth is.
But there is good in all things. And
the death of Roberto Clemente has made
thousands want to carry on the work
which Bobby only began.
January 6, 1973
There will be thousands of dollars
pledged to the Nicaraguan Relief Fund
in his name, A sports city for the chil-
dren of Puerto Rico will be started in
his name and his deeds will be a stand-
ard for many young men, regardless of
their color, creed, or native country, to
emulate.
Next spring, there will be a new right-
fielder for the Pittsburgh Pirates. No
matter who the man is, he might sub-
stitute for, but he will never replace
Roberto Clemente.
COMMUNITY SCHOOL CENTER
DEVELOPMENT ACT
HON. DONALD W. RIEGLE, JR.
OF MICHIGAN
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. RIEGLE. Mr. Speaker, today I am
introducing the Community School Cen-
ter Development Act; Senators Church
and Williams are introducing an iden-
tical bill in the Senate. The purpose of
the bill is to utilize school facilities be-
yond the normal school hours to provide
a wide variety of social services to all
members of the community. The bill pro-
vides grants to promote and aid the de-
velopment and expansion of community
school programs throughout the Nation,
The community schools concept is not
a new one; the idea was fostered in Flint,
Mich., in the 1930's by Charles Stewart
Mott of the Mott Foundation. It has since
been adopted by over 600 school systems
across the country. The impact the exist-
ing programs have had on the communi-
ties served has been so exemplary that
many experts cite community education
as key to solving the problems of both
urban and rural communities.
Focusing first on the impact that a
community school has on children in the
normal academic program, it is notable
that their classroom performance is sig-
nificantly Improved.
Psychologists have noted that in order
to best serve the child, the school must be
able to relate to some degree to the fam-
ily and to the total community. A child's
attitudes and perceptions of school as
learned outside the classroom are large
factors in determining his behavior and
success in school. With the reinforcement
of family and community involvement,
the child's attitude toward his schoolday
is significantly strengthened and his po-
tential and motivation for learning cor-
respondingly enhanced.
Beyond bolstering elementary and sec-
ondary education, the commimity school
programs have contributed to the via-
bility of the community through basic
adult education programs. The increas-
ing demand for a more skilled work force
by public and private industry and the
abnormally high percentage of adult il-
literacy and high unemployment in many
inner city and rural areas underline the
need for adult education. In most in-
stances these education needs can best be
met at the neighborhood level, after
hours, and on the weekends. Community
education programs can serve greatly to
improve the quality of the community's
January 6, 1973
labor force and thus its economic
strength.
Further, the community school pro-
gram can reach now alienated and iso-
lated groups both in our cities and rural
areas. Perhaps two of the least under-
stood and most mistreated groups in our
society — delinquent youth and elderly —
can both be better served through com-
munity school programs. The Montana
State Task Force for Youth Develop-
ment and Delinquency Prevention vigor-
ously supports the community school bill
as instrumental to reducing dropout
and juvenile arrest rates. Community
school programs can be an attractive
alternative to the street corner with
flexible programs that give youth needed
psychological and social support.
For the elderly, space in the school can
be set aside for social and recreation
functions throughout the day. Programs
of health and hot meals provided at
minimal cost are low-co.st investments
with inestimable returns .'or the lives of
the elderly.
In rural areas, the community school
program is a hope for ending the isola-
tion and severe lack oi rural cooperative
services. The director of the Appalachian
Adult Education Center claimed. "It is
apparent that the only viable and poten-
tial public system through which needs
and the promise of rural Ameiica can be
solved' is the community school pro-
gram.
In sum, the advantages for the Federal
Government to undertake leadership in
encouraging the community school pro-
gram are enoimous in terms of attack-
ing multiple cjmmunity-related pi-ob-
lems, using the existing sy.stems and fa-
cilities, responding to local needs, and
helping to serve group.s presently alien-
ated from our society. I urge all of my
colleagues here in the House to join in
supporting the Community School Cen-
ter Development Act,
I attach the bill so that it can be
printed in full at this point in the
Record.
H.R. 972
A bill to promote development and expan-
sion of community schools throughout the
United States.
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled.
Section 1. This Act may be cited as the
"Community School Center Development
Act",
STATEMENT OF PURPOSE
Sec. 2. It is the pvtrpose of this Act to
provide recreational, educational, and a va-
riety of other community and social services
through the establishment of the commu-
nity school as a center for such activities In
cooperation with other community groups.
DEFlNmONS
Sec. 3. As tised in this Act the term —
(1) "Commissioner" means the Commis-
sioner of Education;
(2) "State" Includes. In addition to the
several States of the United States, the Dis-
trict of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the
Virgin Islands, and the Trust Territory of
the Pacific Islands;
(3) "State edvicatlonal agency" means the
State board of education or other agency or
officer primarily responsible for the State
supervision of State elementary and second-
ary education or if there is no such officer
or agency, an officer or agency designated by
the Governor or State law;
EXTENSIONS OF REMARKS
(4) "Council" means the Community
Schools Advisory Council;
(5) "Institution of higher education"
means an educational institution in any
State which (A) admits as regular students
only persons having a certificate of gradua-
tion from a school providing secondary edu-
cation, or the recognized equivalent of such
a certificate, (B) is legally authorized within
such State to provide a program of educa-
tion beyond secondary education, (C) pro-
vides an educational program for which it
awards a bachelor's degree or provides not
less than a two-year program which Is
acceptable for full credit toward such a
degree, (D) is a public or other nonprofit
instituiion, and (E) is accredited by a na-
tionally recognized accrediting agency or
association or, if not so accredited, (i) Is
an institution with respect to which the
Commissioner has determined that there :s
satisfactory assurance, considering the re-
sources available i.o the institution, the pe-
riod of time, if any, during which it has
operated, the effort it is making to meet
accreditation standards, and the purpose for
which this determination is being made,
that the institution will meet the accredita-
tion standards of such an agency or associa-
tion within a reasonable time, or (ii) Is an
institution whose credits are accepted, on
transfer, by not less than three Institutions
which are so accredited, for credit on the
same basis as if transferred from an institu-
tion so accredited. Such term also includes
any school which provides not less than a
one-year program of training to prepare stu-
dents for gainful employment in a recognized
occupation and which meets the provision of
clauses (A), (B), (D), and (E) . For purpose
of this subsection, the Commls<;ioner shall
publish a list of nationally recognzled ac-
crediting agencies or associations which he
determines to be reliable authority as to the
quality of training offered:
(6) "local educational agency" means a
public board of education or other public
authority legally constituted within a State
for either administrative control or direc-
tion of, or to perform a service function for,
public elementary or secondary schools In a
city, coimty, township, school district, or
other political subdivision of a State, or any
combination thereof as are recognized in a
State as an administrative agency for Its
public elementary or secondary schools. Such
term also Includes any other public Institu-
tion or agency having administrative con-
trol and direction of a public elementary or
secondary school: and
(7) "community school program" means
a program in which a public elementary or
secondary school Is utilized as a commimity
center operated in cooperation with other
groups in the community to provide recrea-
tional, educational, and a variety of other
community and social services for the com-
munity that center serves.
TITLE I— COMMUNITY EDUCATION CEN-
TER GRANTS
Sec. 101. (a) The Commissioner shall make
grants to Institutions of higher education
to develop and establish programs in com-
munity education which will train people
as community school directors.
(b) Where an institvttlon of higher learn-
ing has such a program presently in exist-
ence, such grant may be made to expand the
program.
APPLICATIONS
Sec. 102. A grant under this title may be
made to any Institution of higher education
upon application to the Commissioner at
such time, In such manner, and containing
and accompanied by such mformation as
the Commissioner deems necessary. Each such
application shall —
(1) provide that the programs and activi-
ties for which assistance under this title
is sought will be administered by or under
the supervision of the applicant;
(2) describe with particularity the pro-
485
grams and activities for which such assist-
ance is sought;
(3) set forth such fiscal control and fund
accounting procedures as may be necessary
to assure proper disbursement of and ac-
counting for Federal funds paid to the ap-
plicant under this title: and
(4) provide for making such reasonable
reports in such form and containing such in-
formation as the Commissioner may reason-
ably require.
AUTHORIZATION OF APPROPRIATIONS
Sec. 103. There are authorized to be appro-
priated such sums as may be necessary to
carry out the purposes of this title.
TITLE II— GRANTS FOR COMMUNITY
SCHOOLS
Sec. 201. (a) The Commissioner may, upon
proper application, make grants to local edu-
cational agencies for the establishment of
new community school programs and the
expansion of existing ones.
(b) Grants shall be available for the train-
ing and salaries of community school direc-
tors as well as actual and administrative and
operating expenses connected with such pro-
grams.
APPORTIONMENT
Sec. 202. The number of project grants
available to each State, subject to uniform
criteria established by the Commissioner,
shall be as follows:
(1) States with a population of less than
five million shall receive not more than four
projects:
(2) States with a population of more than
five million but less than ten million shall
receive not more than six projects:
(3) States with a population of more than
ten million but less than fifteen million shall
receive not more than eight projects; and
(4) States with a population of more than
fifteen million shall receive not more than
ten projects.
CONSULTATION WITH STATE EDUCATIONAL
AGENCY
Sec. 203, In determining the recipients of
project grants the Commissioner shall con-
sult with each State educational agency to
assure support of a program particularly
suitable to that State and providing adequate
experience in the operation of community
schools.
AUTHORIZATION OF APPROPRIATIONS
Sec. 204. There are authorized to be ap-
propriated such sums as may be necessary
to carry out the purposes of this title.
TITLE III— COMMUNITY SCHOOL
PROMOTION
PROMOTION
Sec. 801. In order to promote the adoption
cf community school programs throughout
the United States the Commissioner shall —
(1) accumulate and disseminate pertinent
information to local communities:
(2) appoint twenty-five teams, consisting
of not more than four Individuals on each
team, to assist communities contemplating
the adoption of a community school pro-
gram: and
(3) establish a program of permanent liai-
son between the community school dl.strlct
and the Commissioner.
ADVISORY COUNCn.
Sec. 302. (a) There is hereby established
in the office of the Conunlssioner a Com-
munity Schools .Advisory Council to be com-
posed of seven members appointed by the
President for terms of two years without re-
gard to the provisions of title 5, United
States Code.
(b) Tlie Council shall select Its own Chair-
man and Vice Chairman and shall meet at
the call of the Chairman, but not less than
four times a year. Members shall be ap-
pointed for two-year terms, except that of
the members first appointed four sl^al! be
appointed for a term of one year and three
shall be appointed for a term of two years
486
as designated by the President at the time
of appointment. Any member appointed to
fill a vacancy occurring prior to the expira-
tion of the term for which his predecessor
was appointed shall serve only for the re-
mainder of such term. Members shall be
eligible for reappointment and may serve
after the expiration of their terms until
their successors have taken ofHce. A vacancy
in the Council shall not affect Its activities
and four members thereof shall constitute a
quorum. The Commissioner shall be an ex
officio member of the Council. A member, of
the Council who Is an officer or employee of
the Federal Government shall serve without
additional compensation.
(c 1 The Commissioner shall make available
to the Council such staff, Information, and
other assistance as It may require to carry
out Its activities.
FrNCnONS OF THE COUNCrL
Sec. 303. The Council shall advise the Com-
nlssioner on policy matters relating to the
nterests of community schools.
COMPENSATION OF MEMBERS
Sec 304. Each member of the Council ap-
)ointed pursuant to section 302 shall receive
(50 a day. including traveltlme, for each day
le is engaged In the actual performance of
lis duties as a member of the Council. Each
; luch member shall also be reimbursed tot
ravel, subsistence, and other necessary ex-
>enses incurred In the performance of his
iutles.
AtTTHORIZATION OF APPROPRIATIONS
Sec. 305. There are authorized to be ap-
)ropriated such sunu as may be necessary to
arry out the purposes of this title.
TITLE rv — MISCELLANEOUS
PROHIBITIONS AND LIMITATIONS
Sec. 401. (a) Nothing contained in this Act
i hall be construed to authorize any depart-
ment, agency, officer, or employee of the
1 Tnited States to exercise any direction, super-
' Islon, or control over the curriculum, pro-
ITam of Instruction, administration, or per-
; onnel of any educational institution or
i chool system.
(b( Nothing contained In this Act shall be
( onstrued to authorize the making of any
] layment under this Act for the construction
(if facilities as a place of worship or religious
Instruction.
JUDICIAL REVIEW
Sec. 402. (a) If any State or local educa-
1 lonal agency Is dissatisfied with the Commis-
i loner's final action with respect to the ap-
1 iroval of apoUcatlons submitted under title
: I. or with his final action under section 405,
I uch State or local educational agency may,
'rlthin sixty days after notice of such action!
ille with the United States court of appeals
lor the circuit in which such agency Is
located a petition for review of that action.
.i copv of that petition shall be forthwith
ransmltted by the clerk of the court to the
rommls-sioner. The Commissioner shall file
liromptly in the court the record of the pro-
(eedings on which he based his action, as
; (rovldfd for In section 2112 of title 28. United
'• States Cede.
(b) The findings of fact by the Commls-
iloner. if supported by substantial evidence.
;hall be conclusive: but the court, for good
■au.se shown, may remand the case to the
Commissioner to take further evidence, and
he Commissioner may thereupon make new
' ir modified findings of fact and mav modify
:>is previous action, and shall file In the
I ourt the record of the further proceedings.
I Such new or modified findings of fact shall
!lkewt>e be conclusive If supported by sub-
! tantial evidence.
(c) Upon the filing of such petition, the
(ourt shall have Jurisdiction to affirm the
1 .etlon of the Commissioner or to set It aside,
ip whole or In part. The Judgment of the
( ourt shall be subject to review by the Su-
I reme Court of the United States upon cer-
EXTENSIONS OF REMARKS
tlorari or certification as provided In sec-
tion 1254 of title 28, United States Code.
ADMINISTRATION
Sec 403. (a) The Commissioner may dele-
gate any of his functions under this Act to
any officer or employee of the Office of Edu-
cation.
(b) In administering the provisions of this
Act. the Commissioner Is authorized to utilize
the services and facilities of any agency of
the Federal Government and of any other
public agency or institution in accordance
with appropriate agreements, and to pay for
such services either In advance or by way of
reimbursement as may be agreed upon.
PAYMENTS
Sec. 404. Payments under this Act may be
made in installments, in advance, or by way
of reimbursement, with necessary adjust-
ments on account of underpayment or over-
payment.
WITHHOLDING
Sec. 405. Whenever the Commissioner,
after giving reasonable notice and oppor-
tunity for hearing to a grant recipient under
this Act, finds —
( 1 ) that the program or activity for which
such grant was made has been so changed
that it no longer compiles with the provisions
of this Act; or
(2) that in the operation of the program
or activity there is failure to comply sub-
stantially with any such provision; the Com-
missioner shall notify In writing such recelpl-
ent of his findings and no further payments
may be ma^e to such recipient by the Com-
missioner until he is satisfied that such
noncompliance has been, or will promptly
be, corrected. The Commissioner may author-
ize the continuance of payments with respect
to any programs or activities pursuant to
this Act which are being carried out by such
recipient and which are not Involved in the
noncompliance.
AUDIT AND REVIEW
Sec. 406. The Commissioner and the Comp-
troller General of the United States, or any
of their duly authorized representatives, shall
have access for the purpose of audit and
examination, to any books, documents,
papers, and records of a grantee, under this
Act, that are pertinent to the grant received.
REPORTS TO THE CONGRESS
Sec. 407. The Commissioner shall transmit
to the President and to the Congress annually
a report of activities under this Act, includ-
ing the name of each applicant, a brief de-
scription of the facts In each case, and the
number and amount of grants.
APPELLATE REVIEW OF
SENTENCES
HON. WILLIAM J. KEATING
OF OHIO
IN THE HOUSE OF REPRESENTATIVES
Saturday. January 6, 1973
Mr. KEATING. Mr. Speaker, today I
am Introducing a bill to provide for ap-
pellate review of sentences arising in the
district courts of the United States, and
to call upon the States to adopt similar
measures.
The problem of disparities in sentences
Is one that has concerned Congress for
many years, and during the 90th Con-
gress, the Senate passed a bill which pro-
vided for appellate review of sentences
imposed in Federal courts. The House
took no action during that same year,
however, and the measure, therefore,'
was not enacted into law.
The National Commission for Reform
January 6, 1973
of Federal Criminal Laws — Brown Com-
mission—and the ABA Advisory Com-
mittee have urged the adoption of some
form of appellate review of sentences
This concept, therefore, has already won
approval many times over by respected
authorities within the legal profession, as
it is recognized that both the defendant
and society suffer when the law is not
applied with equity and fairness.
Unusual sentencing disparities may
occur because of the individual nature
of each trial court judge, as each has a
different set of values, reactions, and
points of view. In brief, each judge sim-
ply is the product of a unique life ex-
perience, and this, many argue, would
make it inevitable that some errors In
judgment will occur — even among the
best of Judges. This is one of the major
reasons why our judicial system contains
an appellate procedure.
Under existing Federal law, however
the determination of the sentence is the
only discretionary authority of the trial
court judge which is not subject to re-
view by a higher court. As long as the
sentence imposed is within the statu-
tory limits provided by law, the sentence
is unreviewable by appeal. No matter
how unduly severe, an appellate court is
powerless to modify the sentence in any
way.
Twenty of our own States, in addition
to many foreiE^n countries, provide for
at least some form of appellate review
of sentences. Moreover, in U.S. military
courts, often criticized of being stringent
or even unfair, appeals are automatic in
each case— with each appellate author-
ity possessing the power to reduce, but
not to increase, the sentence imposed by
the next lower authority.
To state the problem in its simplest
form, therefore, the Federal legal sys-
tem is an almost unique example of an
advanced system of justice which does
not allow for review of sentences.
As a result of this situation, our courts
and correctional institutions are beset
by numerous problems stemming from
sentencing disparities. Aside from the
obvious unfairness of subjecting some
offenders to inordinately severe penal-
ties, the recipient of an unusually harsh
sentence will learn, through comparison
of his own sentence with those of other
offenders, that he was the victim of an
apparent injustice. His resentment will
likely breed unrest and severe discipli-
nary problems, and, in addition, may
well undermine his prospects fcr success-
ful rehabilitation.
The effects of Inappropriate sentenc-
ing disparities, therefore, are harmful to
both society and the defendant, serving,
only to perpetuate the cycle of crime
and increase disrespect for our legal in-
stitutions. For sentencing must be an ef-
fective deterrent to future commissions
of crime by the offender, and much of
that deterrence is apt to be lost if an
offender receives a sentence which bears
no reasonable relationship to the crime
he committed.
Furthermore, there is a substantial
and growing body of opinion from with-
in the legal profession that the impossi-
bility of a direct challenge to unfair
sentences often results in a great volume
of appeals on tenuous technical grounds,
January 6, 1973
and a corresponding tendency on the
part of the appellate courts to find mer-
it in otherwise questionable allegations
of error, or to find error prejudicial
where it would normally be considered
harmless, in order to alleviate the in-
equitable sentence.
In addition, public confidence in the
judicial system must suffer when unjust
sentences go unredressed, in blatant vio-
lation of a most basic principle of legal
justice— that similarly situated individ-
uals be treated alike. This loss of pubUc
confidence becomes even more serious
when members of minority groups inter-
pret uncorrected disparities as a form
of legally sanctioned discrimination.
Although the bill I am introducing
today is intended to ensure a fair and
equal application of the law for all de-
fendants, this bill in no manner dimin-
ishes the authority of the trial court
judge to implement a necessary degree
of reasonable sentencing disparity. For
if sentencing is to achieve its purposes,
it must prevent further criminality on
the part of the offender, and it must deter
the commission of similar offenses by
others. For this reason, the trial court
jud^e must be permitted some range of
sentencing alternatives.
Defendants with a recurring history of
criminal convictions, for example, often
require more severe sentences than first
offenders. Deiendants with i knov.-n pro-
pensity for wanton disregard for the
rights of law-abidinfe citizens may also
require stiffer penalties than defendants
with a history of involvement in the so-
called "victimless crime." Also, what may
be considered a relatively minor offense
in one jurisdiction may be considered a
particularly neinous offense in another,
due to varying social mores and values
throughout different areas of the
country.
In summary, there are many reasons
why a trial court judge may be justified
in gi\ing a particular defendant a more
severe penalty than another defendant
convicted of the same offense. The bill I
am introducing today certainly does not
alter this principle, as it would oe a grave
error to assume that all defendants con-
noted of the same offense should be given
identical criminal penalties. What the
bill does mandate is that defendants con-
victed of the same offense, and under
the same general circumstances uithin
the same jurisdiction be treated with a
reasonable measure of equity.
In an effort to address these issues in a
responsible and fair manner, a sincere
efiort has been made to produce a bill
which strikes a proper balance between
the rights of criminal defendants and the
rights of law-abiding citizens who ex-
pect criminals to be treated with tough-
ness as well as a measure of fairness.
Briefly, the "jill I have introduced to-
day contains the follo'ving provision?:
Pir<=t. A Federal criminal defendant
who has received a sentence of imprison-
ment of 1 year or more or death may file
an application for leave to appeal to the
court of appeals within 10 days after the
imposition of this sentence;
Second. The court of appeals, upon re-
viewing the application shall consider
whether the sentence imposed on the de-
fendant is excessive in that it clearly
EXTENSIONS OF REMARKS
exceeds the length of sentence normally
imposed on defendants convicted of the
same offense under similar circum-
stances ;
Third. If the court of appeals grants
the leave to appeal, they may review the
sentence imposed to determine whether
it is excessive as described above. If the
application for leave to appeail is denied,
this decision shall te final and not sub-
ject to further judicUtij^eview;
Fourth. Upon considfec^on of the
appeal, the court of appeals shall be em-
powered to select from the full range of
statutory alternatives open to the dis-
trict courts in directing an appropriate
sentence, except that a sentence shall
not be increased as a result of an appeal
under this section ;
Fifth. A denial of the application for
leave to appeal on the ground that the
sentence imposed is excessive shall not
prejudice any aspect of the appeal predi-
cated on other grounds:
Sixth. Upon certification to the court
of appeals the transcripts of the trial
proceedings, the defendant shall have
access to all presentence reports as he
had at the district court:
Seventh. This act shall become effec-
tive e' months after its enactment and
shall apply only to sentences imposed
thereafter;
Eighth. The Administrative Office of
the U.S. Courts is authorized to make
emergency payments to those circuit
courts which require immediate funds to
implement the provisions of the bill, and
a yearly authorization of $1 million is
provided for this purpose;
Ninth. Finally, in order to be eligible
for receipt of funds from the Law En-
forcement Assistance Administration,
those States which do not have rules of
procedure which permit appeal on the
grounds of excessive sentencing must
adopt such rules or face the loss of LEAA
funds to that State.
Mr. Speaker, I strongly urge that the
House act on tills proposal at the earliest
practicable date. This reform in our
criminal justice system is long overdue,
and I am confident that this body is
unanimous in the opinion that a fair and
equal application of the law is a goal
worthy of our serious attention.
RECOMPUTATION OF RETIRED PAY
HON. GLENN M. ANDERSON
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. ANDERSON of California. Mr.
Speaker, I am today reintroducing
legislation that provides for full recom-
putation of retired military pay.
The principle of recomputing retired
military personnel pay based on active
duty pay was incorporated in the Ameri-
can military retired pay system from the
time of the Civil War to 1958, with short
exceptions. All military personnel who
served before June 1, 1958, did so with
the expectation that this principle would
continue to be followed. It is quite likely
that the recomputation feature of the re-
tirement system was largely responsible
487
for the decision of many to make the
military a career.
Although there was no signed contract
with the U.S. Government promising
that this system would be continued after
service was completed, there certainly
was a moral obligation on the part of the
Government not to reduce the entitle-
ment after it was earned.
The hundreds of thousands of retired
career personnel, both regular and re-
serve, who served in several wars believed
that their Government would continue
to honor that obligation by preserving
their entitlement to those rights earned
under laws existing during their active
service. Repeated governmental state-
ments concerning the matter strength-
ened this belief.
For example: In 1806, in the case of
United States v. Heth d US 399, 2d Ed
479 ^ the Supreme Court stated:
While It is true that pay is subject to the
will of Congress, the presumption Is where a
person performs service under the prospect of
certain emoluments, it is In Uje Interest of
the government to engender wconfidence In
the minds of its citizens which leaves no
room for distrust. . . .
In Januarj' 1931, a joint congressional
committee, after reviewing the overall
military compensation system, stated in
Senate document 259, 71st Congress, 3d
session :
The pay of any person on the retired list
should be based on the pay of persons of
like grade on the active list.
On June 16, 1942. the 77th Congress,
in passing Public Law 607, recognized
the provisions of existing law relative to
computing retired pay when it stated in
section 15 thereof:
On and after the effective date of this
Act, retired officers • • * shall have their
retired pay • • * computed as now author-
ized by law on the basis of pay provided In
this act.
In 1946, in passing Public Law 474, the
Congress again adhered to the existing
law by permitting those already retired
to participate in the new pay schedules.
Career members of the uniformed
services, regular and reserve, active and
retired, had their faith in the depend-
ability of their earned retirement rights
further strengthened in 1949 when the
Advisory Commission on Service Pay —
the Hook Commission— recommended
that the Congress continue to uphold the
basic principle of keeping retired pay
geared to current active duty pay sched-
ules. The recommendations of this Com-
mission were accepted by the Congress
when it enacted Public Law 351 in Oc-
tober 1949. Section 511 of this law reads
in part:
Retired pay hhall be computed on the
monthly basic pay • • • which such mem-
ber would be entitled to receive if serving
on active duty In such grade.
In 1952 and again in 1955, Congress
enacted legislation increasing the pay of
the active services and, in each of these
laws, continued the time-honored prin-
ciple of equating retired pay to current
active duty pay.
In 1957, the Cordiner Committee,
which, like the Hook Commission, had
been formed to study the military com-
pensation system concluded:
488
• • • that the incentive value of the exist-
ing military retirement system depends to a
major degree upon its integral relationship
with active duty compensation and the con-
fidence which has been built up in the mili-
tary body that no breach of faith or breach
of retirement contract has ever been per-
mitted by Congress and the American peo-
ple.
,The uniformity of compensation thus
achieved Is considered appropriate and the
Inclusion of retired personnel within the new
compensation system Is considered by the
Committee to be a mandatory and essential
feature, fully in consonance with the long-
established principle that retired compensa-
tion must always remain closely related to
current active duty pay.
During the past 14 years many at-
tempts have been made to Justify the
Government's abrogation of Its moral re-
sponsibility. In spite of these attempts,
the fact remains that those who entered
careers in the uniformed services be-
fore June 1. 1958, served under a guar-
anteed formula which provided that their
retired pay would be determined as a
percentage of current active duty pay
and thi actions of Congress in passing
Public Laws 65-422 and 88-132 reduced
the entitlements after they had been
fully or partly earned. The fact that such
entitlements are not legally enforceable
:annot in any way relieve the Govern-
ment of its moral responsibility to pro-
vide compensation to retirees in accord-
mce with the laws in eflfect when the
rompensation was earned.
In 1958 Congress abandoned the re-
:omputation principle and substituted
in across-the-board 6-percent increase
'or retired personnel. In 1963 Congress
offered a one-time recomputation to
those who were retired prior to the 1958
changes, or a 5-percent cost-of-living in-
crease, whichever was greater. The cost-
)f -living system of adjusting retired pay
s In effect today.
Although changes have been made in
;he system in an effort to protect the
•etiree from the rapid rate of inflation,
hey have not. done so. The average re-
tiree's pay has increased by 58.6 per-
cent since 1958 while active duty pay has
ncreased by 108.1 percent during the
;ame period. A tremendous gap in re-
ired pay has grown between the retirees
3f the same grade and years of service.
The inequality will continue to widen
mless Congress restores the traditional
system of computing retired pay on the
)asis of current active duty rates.
Many of the lower grade retirees who
served their country well for 20 or 30
•ears through two or three wars are in
lire straits. They served at times when
)ay scales were very low and raises few
ind far between. Their retired pay is
mail, they pay taxes on it. and end up
vith less than many people get who
lever did anything for their country,
vho will not work, who pay no taxes, and
vho live off other people's money.
The argument that pre- 1958 retire-
nent entitlements would be monetarily
jrohibitive is nonsense. When an indi-
•idual enters into a contract, he cannot
ise inability to raise money as a defense
n any court in this great land. There are
nany places where we are spending
money much less wisely.
There have been a number of proposals
: or one-time recomputation. If a com-
EXTENSIONS OF REMARKS
promise is necessary, my recommenda-
tion is that it be no less than the ad-
ministration's proposal, but with pay
scales in effect at the time legislation is
passed rather than those of January 1,
1971.
As I said on the floor of the House on
September 13, 1972, I reluctantly voted
for adoption of the conference report on
HJl. 15495 because of my deep regret
that the conference committee deleted
the recomputation amendment.
Also, I said then that the many re-
tired military men who have served our
country and who have given of their
minds, bodies, and years — none of
which can be replaced — certainly de-
serve no less than equity in their retired
pay.
January 6, 1973
WHAT EVfR BECAME OF CHARLIE
FARNSLEY?
HON. TIM LEE CARTER
OP KENTUCKY
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. CARTER. Mr. Speaker, where Is
Charlie Famsley? He is alive and kicking
vigorously, often in the city of Louisville,
sometimes in Indiana, and occasionally
in southern Kentucky.
In 1964. it was my good fortune to
serve in Congress and on the Interstate
and Foreign Commerce Committee with
the Honorable Charlie Farnsley. former
mayor of Louisville, former State repre-
sentative, former member of the board
of trustees of the University of Louisville
and. more importantly, the husband of a
cultured southern lady, "Miss Nancy"
Carter Farnsley.
Charlie Famsley is one of the most in-
telligent men I have ever known. Under
an "Ed Wynnish" facade reposes one of
the finest brains in the State of Ken-
tucky. Charlie Famsley is indeed a man
of many parts. Pew people realize that
he is deservlngly successful in the field
of advertising. Many of the eye-catch-
ing advertisements often seen in national
magazines originated in Charlie's fertile
brain.
I know that the Members of this body
who sei-ved with Charlie wish for him
and Miss Nancy meaningful success and
true happiness in their present pursuits.
I include a recent story of how Charlie
Farnsley is now occupying his time:
[From the Louisville Courier- Journal and
Times magazine. Dec. 31, 1972|
What Ever Happened to Charlie
Farnsley?
(By John Ed Penrce)
Wliafs Charlie Farnsley dcing these days?
You know, the guy who used to be mayor of
Louisville. Wore string ties and gray broad-
cloth suits, started the one-way streets a::d
quoted Confucius to his critics, Instituted
the Occupational Ta.x. saved the or-^'hestra.
took classes at the University of Louisville,
lectured on Jeffersonlaii democracy, modern-
ized the library system, fought the mer-
chants, fought the newspapers, fought the
legislature and brought the city more na-
tional publicity than It ever had before or
since.
Whafs he doing? He's having a baU, that's
what. Enjoying life. Has more projects going
than a dog has fleas. Hustling real estate, re-
storing old homes, trying to save the Jack-
sonlan Hotel in ScottsvUle. Ky., that served
old-fashioned, boarding-house-style meala
(he was forced to abandon the old hotel as
a money-loser last month) , operating a pub-
lishing business, defending the University of
Louisville, dabbling in politics, hassling the
establishment. But mostly he is engaged In
an effort to revive downtown Louisville. He
says he knows how, and it has nothing to do
with the River City Mall, new office buildings
or the riverfront development. And It's easy
he says. It has to do with people.
"The riverfront will help," he says, "espe-
claUy If It has enough apartments. But office
buildings wont bring back shoppers, and
that's what Fourth Street needs. Neither will
the Mall. It'll make It nicer for the people
who're already there, that's all. 'What you've
got to do is get people back downtown. Re-
place the 80,000 who moved out."
Charlie's views are not the usual views, but
then they never were. City planners?
"They're well-meaning, but most of them
don't know what they're doing." Express-
ways? "The minute you brought them down-
town, you kUled everything within a mile
on either side of them." Urban renewal and
redevelopment? "A national disaster."
Charlie lives well. "I'm Just a poor boy
trvnng to make a living," he says, easing back
in his black, luxury-model Mercedes, a thing
of panelling and leather that powers into
traffic as quietly as a hummingbird. "Nicest
car I ever had," he says contentedly. "You
ought to get yourself one, chief."
He has a comfortable apartment in town, a
home up the Ohio, assorted real estate and
the profitable Lost Cause Press publishing
business. He wasn't born exactly poor, his
-four kids are grown, and he and Miss Nancy
(he married Nancy Carter, and she has been
Miss Nancy ever since, for some reason) have
the time and money to do pretty much what
interests them, and a lot of things do. After a
life In the goldfish bowl of politics, he doesn't
mind being out of the public eye for a bit.
When Charlie was mayor of Louisville, he
got a press like you wouldn't believe. News
people were crazy about him, reporters, edi-
torial writers, everybody. Even when they
criticized him, they did it with affection.
For one thing, every newsman sees himself
as an unsung Intellectual, and here was
this politician quoting Mencius and talking
of the application of Jeffersonlan principles
to the problems of cities. The philosopher-
king thing, right here on the Ohio.
And he was colorful. He had a psychiatrist
as an adviser, and a soundproof room in
which he played classical music at full vol-
ume. ("No sense playing Wagner If you don't
play It loud." he'd say, and blast you out of
the room.) He tried to market a whisky
called "Old Rebel Yell." and when the Patent
O.fice said the label was In bad taste, he put
out a brand called "Old Bad Taste." Instead
of flying off to Florida when the going got
too rough, he'd go out to the monastery at
Gethsemanl and hole up with the monks
for quiet and meditation.
He baffled reporters.
"What are you going to do about the one-
way street plan. Mr. Mayor?"
"Hell. I don't know, chief. What would
you do? You news people know all about
thcso thi-ags."
Cliarlle believed people ought to be in-
volved in their government. Years before the
kiis scartei squalling about participatory
denTxracy he started his Beef Sessions and
I'.i.Ued e: eryone to "ome to City Hall one
nt^ht a v.ei-k ap.d complain. Had some wild
ses.sions. with people shouting and depart-
meu heads sweatl!ig. They led to a lot of
a^Mon, too.
He'd charter spe?ial trains and lead dele-
patluns to New York to watch the U of L
basketball team play In the Garden, or to
hassle foundations for money for the or-
chestra or library. He got reams of publicity
for the city. Time, Life, Fortune wrote about
January 6, 1973
the cultural renaissance In Louisville, and,
of course, about the colorful mayor.
But he was always in the middle of a
controversy. He hired Roy Owsley as city
manager. It was a good system. Roy handled
the nuts and bolts of administration, leaving
Charlie free to talk with people, study the
city, see where It was going. But he had to
put Owsley on a personal-service contract,
because the state Constitution at that time
limited public ofBclals to $5,000 a year, and
Hoy wasn't about to work for $5,000. People
screamecf. We didn't elect Owsley, they said.
If Charlie didn't want to be mayor, why did
he run?
He hired experts by the handful, usually
on a one-day basis. People couldn't under-
stand it. "E.xperts usually spill their guts in
one day," he explained. "I'd rather pay them
$250 for one day than pay them $1,000 for
a study that said what they'd say in a day."
He believed in getting expert advice. "One
man can't know everything," he said.
Charlie refused to fit the image of the
pomnous public official. He'd put his feet on
his desk. On TV, he slumped down In his
chair until he was almost flat on the floor. No
dignity, they said. He lectured people on
superiority of the Chinese emperor system,
which he declared was more responsive to
people than the classic democracy of ancient
Greece. They called him Chopstlck Charlie.
He didn't mind. He was moving too fast.
The orchestra was about to go out of busi-
ness; he got It a big foundation grant to
commission new works, and started it pro-
ducing records that made a lot of money. He
hired Skip Graham, the hottest library man
In the country, and together they re-made
the Louisville Free Public Library system,
doubled the circulation of books, put !n the
■ludio-vlsual department and FM station,
started lending records and paintings as well
as books. In town, classical record and art
sales spurted. Cultural revolution.
It was strange to see Charles Peasley Farn-
sley. born to the center of the local establish-
ment, fighting the establishment. But he
resented the rich suburbanites who leeched
off the city, moaned about Its problems and
then went home at night to Prospect and
Glenvlew. where they didn't pay city taxes.
He viewed the Occupational Tax. which made
suburbanites with Jobs in the city bear part
of the city's financial load, as a personal
triumph.
Charlie was a great believer In making do
with what he had. When he was short of
money to re-pave streets, he "half-soled"
them, paving only the center portion where
the c&js drove. When he didn't have money
for new^rks. he made Tot Lots out of bits
of city property, vacant lots, filling them
with swlng^and boxes, barrels and Junk for
kids to play? on. They loved them.
He was the despair of local Democrats be-
cause he seemed to lose interest In an office
once the term was up. He** refused to run
again for mayor, eight years after he left the
office, and the Democrats lost It. He served a
term in Congress, made a good record and
seemed a shno-ln for re-election He refused
to run. and the Republicans won the seat
with Gene Snyder, who has held It ever since.
"Once is enovigh." he said. "Let someone else
have a turn at It." Actually, he admitted
later. "T liwt got homesick."
WhI-h does not mean that he has lost
Interest in the causes he foxight for. It has
been 20 years since, at the age of 45. he
left the mavor's office, but he still feels that
cities are the only places to live, and that
Louisville is the nleasantest city he knows.
He also thinks that planners ("bricks and
mortar peoole: think anv problem can be
cured by building something") . politicians
and the establishment are causing Ameri-
can cities, including Louisville, to "die
from the inside out." This Irks him because
he warned them 20 years ago what was going
to happen, and they wouldn't listen to him.
CXIX 32— Part 1
EXTENSIONS OF REMARKS
He's still telling them, and he thinks the
evidence of disaster is strong enough to
force them to start listening.
Charlie holds forth from an office on the
seventh floor of the Starks Building at Fourth
and Walnut, in the heart of downtown
Louisville. The office Is a clutter of desks,
chairs and stacks of papers surrounding a
green velvet sofa, and a huge window facing
east to where 1-64, 1-65, and 1-71 knife
through the guts of the city. For some, they
are heaven-sent short cuts from home to
office, but to Charlie they are "a disaster," one
of two mistakes that led to the disintegration
of the downtown business district.
"Run a sword through a man, he dies," he
explains, "and when you run an expressway
through a neighborhood. It dies. It's cut in
two. As Jane Jacobs (a noted urban expert
and sociologist) says. It tears the fabric of
living."
Briefly (If It can be stated briefly), his
theory Is this:
Cities were functional because they grew
up to serve the needs of the people living
there. Neighborhoods developed Institu-
tions— the school, the church, groceries,
shops, the neighborhood tavern — as people
needed them. Some of the neighborhoods
may have looked shabby, tax rates may have
declined, but the people were comfortable
In them. They knew each other, felt secure.
Children grew up. went to the same school
and church, married and lived down the
street from their parents. Change came slow-
ly, through death, intermarriage with out-
siders, a few new people moving In to re-
place those dying. People knew the cop, the
preacher, the drunk, the mean kid. They kept
watch on each other, kept things In check.
Then comes an expressway, cutting through
the heart of the old neighborhood. Streets
are blocked by the hump of earth with Its
concrete lanes of hurtling steel. You can't get
to places and people any more. The tavern
loses Its customers, the church part of Its
congregation, school lines have to be re-
drawn and outside kids are brought In, and
the kids of the friends you grew up with go
to another school. The neighborhood Is gone.
It dies. People move out. Property values
drop.
"See what this does to the downtown busi-
ness district?" asks Charlie. "Social scientists
say that a store like Stewart's draws up to 80
per cent of Its trade from people living within
two miles. But we've driven out too many
of the people who lived within two miles of
Fourth Street. So the stores moved out with
them. Had to."
The other killer of downtown, he feels. Is
redevelopment. Urban Renewal. The effect of
Urban Renewal, he believes, was much like
that of the expressways.
City planners. Charlie believes, are ob-
sessed with building; they believe new build-
ings solve all the problems present In old
buildings. To them, the old homes and build-
ings lining downtown streets after World War
II represented urban blight — poor living con-
ditions, poor tax sources. So they bought
them, tore them down and replaced them. In
most cases, with new office buildings or gov-
ernment housing — or nothing.
• What they were doing was running out the
people, most of them poor people, forcing
tliem to move farther out or Into government
housing that many of them didn't want or
couldn't afford Maybe the old neighborhoods
looked shoddy, but they functioned. Gave
people a feeling of community, of belonging.
Nobody feels a sense of community In a
project.
"Together, the expressways and redevelop-
ment drove 80.000 people out of the central
city of Louisville, out of the area lying within
two miles of the business district. Then they
started all these schemes to get people back
downtown — free parking and all that. But
they had already driven the stores out to the
suburbs, so the suburban people had no rea-
son to come back downtown."
489
stupid, says Charlie. All of It unnecessary.
The result of bricks-and-mortar mentality,
and federal bureaus that are not responsive
to the real needs and wants of people.
"It's peculiar to America, and especially
the cities of the northeastern United States."
he says, running his band through his thin-
ning, gray hair. "You don't see European
cities dying at the core. That's where people
want to live. The rich live on the first two
floors, the poor In the attic; or people live
over their stores. So that's where the shops
are, that's vhere the people come to buy,'
where visitors stay. They don't move the
people out to the suburbs by tearing down
their buildings and then making it easy for
them to live outside with low-cost loans, like
the FHA did. The FHA wUl guarantee any
kind of loan for a house In the suburbs, but
not In the city, not to buy an older home. Its
policies helped to destroy the cities."
The downtown merchants, according to
Charlie, helped to contribute to their own
woes.
"When I was mayor, we argued all the
time. I was trying to help them. They knew
we had to move traffic through downtown,
and I showed them that a one-way grid was
the only way to do It, with every street al-
ternate oneway. We one-wayed most of them.
except for the two that counted — Fourth and
Market. I got tired of fighting them on It,
said If they didn't want to help themselves,
all right. You can't force things on people.
"Same with store hours. They wouldn't
keep the shops open at times when p>eople
wanted to shop. They'd open them In the
morning when people were busy, but as soon
as people started coming In. late In the after-
noon, they'd run them out. close up. Wouldn't
stay open nights or on Sundays, I don't know
why; probably because they had always done
It that way. and couldn't change. Then the
same stores, when they moved out to the
suburbs and shopping centers, signed leases
agreeing to stay open at night."
All this Is not new-found theory with
Charlie. He fought the process as hjtfd as
he could as long as he was in office, but even
then he had a feeling he was swatting flies
with a tennis racket.
"When the establishment, the white Prot-
estant middle class, gets its head set on some-
thing, nobody can stop It. And I don't mean
this In a bad sense. These peor;l3 read maga-
zines, watch television. They don't have the
time really to study complex questions of
urban growth, and when they read that ex-
'^ressways are going to solve our traffic prob-
lems, they're all for expressways. When they
read and hear that redevelopment Is golne to
stop urban blight and brighten up downtown,
thev don't have time or Inclination to ques-
tion It.
"So they listen to the planners, the men
with table models of how cities are supposed
to look. But the average planner doesn't
know anything about people. He's an archi-
tect or an engineer: he knows about build-
ing, tearing down, laying down concrete, put-
ting up things. But you never get social sci-
entists, the real experts on people, on these
planning boards. You ought to have archi-
tects and engineers, don't misunderstand me.
but they ought to be Just part of the team.
But people won't listen to the real experts,
won't spend money on social research. We
spend billions on research In the natur.il sci-
ences, hundreds of millions on health re-
searclObut peanuts on social sicences."
Why?
"Well, mostly because everybody thinks he
can run a government. You In the news-
paper exoress opinions on social matters all
the time without expert advice. It's In the
mores of the people. They say hell, the
exoerts don't know anything. But they do.
For the money we've spent on social research,
they know a lot, and couW save us a lot if
wa^ let them."
Lack of research and reliance on planners.
^90
( harlie Is convinced, have made guinea pigs
qt city dwellers.
"Bureaucrats will do anything." he says.
I read In the paper the other day, the Na-
tlonal Observer, about this papaya-Juice
treatment for slipped discs. There's some
e nzvine In it that eats up the fluid in the
i plnal column causing the trouble. Billy
eller says It works. (That's Dr. William Kel-
Ifer. U of L psychiatrist. When Charlie was
1 nayor. Billy was his adviser, and enemies
< [ulpped that he needed a shrink to get from
Is home to City Hall.) But the government
ont let them use It till It's been tested
ihore. You've got to try It on rats, camels,
[ leople. But let someone get a scheme for
< Itles, and they'll do It without any tests
it all."
Politics, sectionalism, all sorts of things
i re mixed up In the problem of cities. Charlie
lleves. Southern cities are generally better
iff than northern ones, he says, because
Southerners, partly as a result of the Civil
^ Var, have always been mors suspicious of
deral government and programs, and re-
isted postwar federal programs more. Louls-
; Ule, being a border town, has been torn
Ip this respect.
'As long as we (the Democrats) were In
dffice we resisted these programs for Louls-
\ Ule," he says. "Then Cook and Cowger came
Ip (Marlow Cook, then county Judge, now
S. senator: and the late William O. Cow-
der. then mayor), and they were basically
I orthern-orisnted because they were North-
erners. Cook from New York. Cowger, I think
1 e was from Nebraska. They went all out for
I :. and that's when they started messing
t flings up. When I was in office, per-caplta
I icome in town rose and the stores didn't
riove out. Then they turned things around
e nd Income started dropping and the busl-
I ess district went to pieces. Let's have lunch,
(Jhlef."
The Mercedes purrs through the crowded
downtown streets. Charlie gestures toward
t he new riverfront buildings, looming against
ttie sky.
"A lot of people see the answer in new
dffice buildings. Bring in new tax money, new
I eople for downtown. But, hell, everybody's
t fter new offices. Who's going to rent them?
": "here's office space standing vacant all over
the country. They're renting It for four-
nd-a-half a square foot in New York, where
it used to be twenty. And office buildings
I ren't filled with shoppers. They'll work
< ownto'A^n, eat there some, but they'll go
I ome to the suburbs, and their wives will
s hop in the suburbs. Like the riverfront. It
I nay bring In some people, but they'll tend
to shop in the shops there. It'll help some,
ct much."
How about the new River City Mall?
"What's It going to do? Will It produce any
ew shoppers? No. New shops? No way. Look
4t the other malls — Kalamazoo, the big one
I Fresno. Disaster areas. They're no good
Ithout people. You've got malls, open
■ paces. In your suburban shopping centers.
I'lus free parking."
Yet, he insists, as the car rolls east on
iver Road to a riverside res*^aurant, the
■ hole downhill process could be corrected.
] /isulsvllle's downtown, he says, is not dead —
. ust about two-thirds dead. It could still be
ived, the whole process reversed in six
eeks. Seated hi the restaurant, he gestures
toward the broad, boat-lined river and de-
< lares that It Is part of the answer.
But what Is the magical recipe for
covery?
"Tourists," he says. "Most people here
)n't realize what we've got. A hundred
llllon people live within an easy drive or
.Hlight from Louisville, and all of them want
tfc get away from home for a while, want
change o; scenery. I had this fellow, for-
t his name, head of the Sheraton chain <
tfcurlst bureau, tell me Louisville had two
qf the country's outstanding tourist attrac-
• I
EXTENSIONS OF REMARKS
tloiis — Churchill Downs and the Ohio River,
But we're doing nothing to promote tourist
trade. Nothing. Give me a million dollars
and I could turn It around In six weeks.
Not cure It In six weeks, but make a start.
Fill these hotels — and we've got plenty of
them now — and in a year the three per cent
room tax will support the promotion. Not
cost the taxpayers a cent."
Package tours, says Charlie, are the big
thing In the tourist business, and Louisville
is made for package tours. Bring people In
from north and east, and out In the state,
and fix them up with tours and tickets to
keep them busy and entertained.
"We're perfect for it," he says, "The Belle,
the Downs, two good theaters now, plenty
of movies, getting better restaurants all the
time. Got one of the best orchestras In the
country, the opera, the baUet, golf courses,
clubs, getting more night life. And we're
right in the middle of tourist country —
lakes, caves, horse farms, historic sites. We're
made for It. Instead, we're spending money
trying to promote conventions, and any
travel man will tell you conventions are the
poor end of the travel business.
"They don't spend anything. Half of them
don't get out of their hotel. The men don't
bring their wives, and It's the wives who do
the shopping. The men are busy all day, and
at night they want the kind of entertain-
ment that doesn't do the city any good.
Tourists have plenty of time. They have
money to spend. They want to see stores,
shops. Put 10,000 tourists a day In here,
and you have 10,000 shoppers a day down-
town."
But won't the lack of luxury hotels and
shops in the downtown area be a handicap?
"In the first place, we still have plenty
of good stores downtown — Rodes, Martin's,
Stewart's, Byck's, bookstores. Jewelry stores,
record shops, restaurants. But the point is
there'll be more when there's a demand,
when there's somebody to buy. And tourists
buy. They buy high-class goods. And we have
plenty of hotel rooms: look at all the new
hotels downtown now — Stouffers and the
Gait House, Rodeway, Holiday Inn, all of
them, not to mention the Seelbach and
Watterson. Sure, we've lost the Brown, but
something like It would come back if the
demand was there. And we can create the
demand."
Does he ever think about getting back
Into politics in order to put his theories to
work?
"No. I had my run at it. I ran for Con-
gress when I was 23, you know. Lost to John
Y. Brown In a statewide primary. Served two
terms In the legislature, then ran against
Happy Chandler for the Senate, and lost. Lost
a race for Congress from the Third District,
and then was mayor, and then served a term
In Congress. It was fun. but It was enough.
Like Earle Clements said, you never shut the
door really closed, but I can't see ever running
again. I've got too much to do. Got those
houses In Vevay (Indiana; he owns five old
homes there, some of which he has restored,
one as a weekend home, one as a guest house;
one houses an antique shop) and three row
houses up in Madison (Indiana). May be
worth a lot of money someday Hope so. "Then
we've got Femlea subdivision out on 42, In
Oldham County. Still have about 600 of the
1,000 acres."
Charlie and Miss Nancy got Interested In
Vevay In a rather casual manner.
"We were reading The Courier-Journal one
Sunday, and saw that they were having this
wine festival the next Thursday up In Vevay,
so I said why don't we go, so we did. and the
first thing we saw was this beautiful old
home, overlooking the river, and Miss Nancy
wanted It, so we Just went down that day and
bought It. Didn't take much fixing up. You
get a lot for your money In these older
houses."
Now he and Miss Nancy go up to Vevay on
January 6, 1973
summer weekends, and play host to tlj« peo-
ple who flock to the festival each August,
mooring their hundreds of boats along the
riverfront, and clambering up the muddy
banks to watch the grape-stomping contests,
drink wine and eat beans-ham-and-corn.^
bread lunches along the curbstones of Main
Street. In a way, says Charlie, It's an effort
to show people the attractions of the river
and the advantages the Louisville area offers
for tourist promotion.
"This Is a great city," he says, driving back
to town, "fine place to live. I wouldn't live
anywhere else. What do I want to do with
the rest of my life? Just what I'm doing.
Maybe I lose some battles, but I get a little
bit done, too. And It's all fun.
"Fellow the other day said 'Charlie Farns-
ley's the only man I know who's making a
living doing Just what he wants to do.' I
guess that's about right. And that's not bad
Is It, chief?"
No. Not bad at all.
GOVERNOR ROCKEFELLER'S PRO-
POSAL FOR ADDICT OFFENDERS
IS NOT THE ANSWER
HON. EDWARD I. KOCH
OF NEW TORK
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. KOCH. Mr. Speaker, on Januai-y 3,
Gov. Nelson A. Rockefeller in his annual
state of the State message delivered to
the New York State Legislature proposed
the following:
. . . that crimes of violence committed by
persons under the Influence of hard drugs be
punished by life Imprisonment. The avenues
of escape would similarly be closed, and to
close all avenues for escaping the full force
of this sentence, the law would forbid accept-
ance of a plea to a lesser charge, forbid pro-
bation, forbid parole and forbid suspension
of sentence.
The approach of the Governor, who
admits failure in the State's antinarcotic
program costing $1 billion to date, makes
no sense. While none would dispute the
venality of a nonaddicfs pushing of hard
drugs and the singularly stiff sentences,
including life imprisonment, that should
be imposed on such offenders, it does not
follow that an addict, particularly if an
adolescent, apprehended in a crime of
violence should be treated differently
than another individual not on drugs
committing the same crime. Crimes of
violence run /the gamut from purse
snatcher to imirder. How long an offend-
er shflulek^end in jail must be deter-
/ rpirf^d by the gravity of the crime and the
ehabilitation of the individual during
incarceration. P\irthermore, express ef-
forts should be made to give the drug
addict therapy during his imprisonment,
as opposed to abandoning him to the
brutalizing regimen of prison life. To
foreclose the opportunity of parole un-
dermines the correctional process and
eliminates any incentive for good be-
havior and rehabilitation by the indi-
vidual while Imprisoned.
There is always a balance to be struck
in matters involving the rights of an in-
dividual and the rights" of the public. Too
often the rights of the public have not
adequately been protected by the police,
the courts, and public officials. There
must be some redress in those rights. But.
Janiiarij 6, 1973
the Governor's proposal can only remind
one of the situation in Saudi Arabia
where there are people without one or
more of their limbs — amputated because
they committed a crime. Can the Gover-
nor really believe that simply threaten-
ing heroin addicts with life imprison-
ment will det€r them from engaging in
crimes of violence? Such deterrents will
be even less operative in the drug addict
than in the nonaddict who is not under
the physical compulsion of getting a
heroin fix, no matter the consequences. I
'believe heroin addicts involved in vio-
lent crimes should be treated as strin-
gently as nonaddicts even though there
is a medical aspect to the addict's case.
But similarly, the pivotal issue in either
case is the crime committed and not
whether an individual is or isn't an
addict.
I appreciate the frustration of' the
Governor in dealing with the problem of
street crime compounded by drug addic-
tion. All of us in public oflBce feel simi-
larly frustrated because none of us knows
the answer to the heroin addiction prob-
lem. But, to yield to this frustration by
supporting irrational proposals is simply
to delude the pubhc and compound the
problem by forestalling legitimate efforts
to find workable solutions.
CONGRESS MUST END THE WAR
HON. RICHARD H. FULTON
OF TENNESSEE
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. FULTON. Mr. Speaker, on October
26, 1972, Dr. Henry Kissinger announced
to the American people and the world
that "peace is at hand." He reported that
only minor details remained to be cleared
up before there was an end to the war
in Vietnam, the return of American pris-
soners, and on accounting of the missing
in action.
At that time most Members of the U.S.
House of Representatives were cam-
paigning for election or reelection.
At that time I. as I am certain did
many of my colleagues, took time from
my campaign to personally express my
approval and appreciation of the devel-
opments in Paris and to praise Presi-
dent Nixon for bringing the war to an
apparent end.
What ensued brought not peace but
tragic disillusionment.
Peace was not at hand. The Paris talks
broke down, because of lack of good faith
by the North Vietnamese we are told, and
on December 18, 1972, the United States
unleashed what his been termed "the
most ma.ssive bombing of the Vietnanpi
conflict, if not any war."
The bombing which the United States
unleashed on North Vietnam has been a
shock to millions in America and to mil-
lions more throughout the world.
Civilians have been killed at random if
they happened to be too close to military
targets, many of which were in the midst
of residential and commercial areas. An
American prisoner of war camp reported-
ly was hit, a hospital damaged, and entire
EXTENSIONS OF REMARKS
strips of residential land, himdreds of
yards wide and more than a mile long,
leveled by our so-called carpet bomb-
ing through our Government says many
of these civilian-populated areas were not
targeted for bombing.
And there is personal tragedy for njany
Americans, too. At least 93 U.S. airmen
have been killed, captured, or reported
missing as a result of the bombing which
has seen at least 15 B-52's as well as
other aircraft shot dowTi and destroyed.
And what explanation or reasoning by
the powers which ordered this escalation
of warfare has been given to the Ameri-
can people and the world? Absolutely
none.
Immediately after the announcement
of the renewal of the bombing I tele-
graphed President Nixon respectfully
urging that he report to the American
people by radio and television on the
decision to bomb again. Please tell us
"why," I asked, because I believe we have
a right to know. Neither the American
people nor its elected representatives in
the U.S. Congress have heard the first
word from our President. Nor has the
receipt of my telegram yet been acknowl-
edged.
The silence on the part of those who
made the decision and gave the order to
bomb again is almost deafening in oui
ears.
Why is this? Is it because these men
believe that after 13 years of oflQcial
American involvement in Vietnam that
the American people ^e so steeled to
savage warfare and so mured to the pro-
longed continuation of the war that we
will benignly accept oi^ ignore this latest
unilateral exercise of raw military power
and destruction?
The Washington Post this past Sunday
carried a heartbreaking list of quotes
from American civilian and military
leaders dating back more than a decade
giving assurances that the end of the war
and American involvement militarily in
Southeast Asia was within our grasp, that
"peace was at hand."
Perhaps, being aware of the many
times we have hopefully accepted these
past assurances, our decisionmakers felt
that just one more time we would accept
them again.
For my own. part I do not.
For 10 years now I have sat in this body
while three administrations have assured
us and the American people that either
through might or reason the war would
soon be ended and Americans would be
out of Southeast Asia.
For 10 years now I have witnessed the
"the best and the brightest" men who
could be found to serve in our govern-
ment as they failed time after time to
bring peace either through the weaponry
of war or the art of negotiation.
For 10 years now I have witnessed the
list of Americans killed, wounded, cap-
tured or missing grow imtil it numbers in
the hundreds of thousands.
And for 10 years now I have sat as the
Congress permitted the executive branch
of government to continue this war with-
out restraint either by voting authority
and funding to war or by refusing to ex-
ercise our own constitutional authority
and moral obligation to intervene.
491
No more. I do not question the Presi-
dent's motives or his sense of moral ob-
ligation in his decision to bomb again but
do sincerely feel the decision was wrong
and I also condemn his cavalier treat-
ment of the Congress and the American
people by his refusal to explain or justify
his decision. He was reelected decisively
but he is our President and as such is ac-
countable to the people, particularly on
decisions and failures of this magnitude.
However, I have no real hope that such
action will be forthcoming. Even should
it be, we have sat idly too long. Those
whom we have permitted to hold and ex-
ercise power through three administra-
tions have demonstrated time and again
their inability to employ this power effec-
tively to end this war.
I believe our only hope now is for the
Congress to say "stop, enough."
Accordingly, I joined with the over-
whelming majority of my colleagues in
the Democratic caucus yesterday in sup-
port of the resolution putting our party
on record as a matter of policy in the
House to work for an end of combat
funding in Indochina as soon as prisoners
are returned and arrangements made for
the safe withdrawal of our troops.
For my part I do not view the quali-
fying statement concerning our prisoners
and troop withdrawal as consent to pro-
long the war indefinitely pending a peace
agreement. To me it means the United
States should reach an agreement first
on these issues and then get out.
In closing I respectfully urge my col-
leagues on both sides of the aisle, partlcu-
lary those of you who today took the
oath of office as U.S. Representatives for
the first time, to join with us to end this
war. You may well, as new Members,
hold the balance in this decision.
For those of you who, as I, have served
in this body before and have had grow-
ing doubts about the war, its conduct
and our inability to end its devisiveness
and waste of money, resources and hu-
man lives, let us work together in this
worthy effort.
For all who have the inclination,
though you may have doubts, to move
effectively, forcefully and finally to stop
the killing and restore the peace, search
your conscience and reason with your
mind. If you feel you can then I respect-
fully suggest you must join in stopping
the war.
CAREER EDUCATION: AN ALLIANCE
WITH PRIVATE VOCATIONAL
SCHOOLS
HON. GERALD R. FORD
OF MICHIGAN
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. GERALD R. FORD. Mr. Speaker.
last June the National Association of
Trade and Technical Schools held its
eighth annual conference in Washington,
DC. The speaker for that conference was
Dr. Robert M. Worthington, Associate
Commissioner for Adult, Vocational and
Technical Education. Office of Education.
While some months have elapsed since
or
S:
hi
Slip
t
t
1:.
'le
t
e
ahd
92
It. Worthington made his speech, his
r ;marks are still pertinent and will be of
i iterest to Members of the House. I
t lerefore ask unanimous consent that Dr.
X/'orthington's speech may appear at this
point in the Record, together with a let-
ter to the NATTS from President Nixon,
iie .speech and letter follow:
Career Edvc.\tion: An Allwnce With
Private Vocational Schools
iBy Dr. Robert M. Worthington)
President Larson and distinguished guests,
am grateful for the privilege of participat-
g in the 8th Annual Conference of the Na-
^nal Association of Trade and Technical
aools. In the few short years since NATTS
been organised. It has provided leader-
. and centralized representation for its
ember institutions. These Institutions have
ntrlbuted much to this nation's postsec-
dary and adult career occupational educa-
■a And they give promise of continuing
' provide the specialized and exemplary pro-
ams far meeting the needs of our increas-
gly te^nologlcal society.
I not^ With special Interest tomorrow's
agenda in which you honor State officials
■■ o deal directly with private schools, and
; sessions on "Working With State Gov-
nments" and "The Interaction of Private
Id Public Education."
The practical realism which has contrlb-
;ed so greatly to the excellence and suc-
si of your institutions Is clearly evident.
it must be at the State and local levels
the details of the cooperation and
pport, as visualized In the Vocational
ucatlon Act of 1963 as amended in 1968,
a be realized. I refer to the contracting
th private schools by States for educational
rvices, and a similar utilization of the ex-
cellence and availability of private Institu-
ms under the Manpower Development and
Ttaining Act.
The excellent quality of education offered
non-public and private trade technical
I other specialized occupational schools
well known to employers and la an im-
portant and integral part of the total career
ucation capability of the Nation. It is avall-
ile to prepare full-time students for tech-
cal and specialized occupations and to up-
«de and update education for adults
wiether they are employed or are seeking
ei aployment. In a true sense this part of the
-ser education concept, In which we are
so deeply involved, is among those parts
Ich already are In place and functioning.
Let me share with you now some of the
mcepts and developments concerning this
■reer education movement.
As many of you are aware Career Education
now the principal thrust of the U.S. Office
Education. Its fundamental concept Is
t educational experiences, curriculum, In-
sl ruction, and counseling should be geared
*^ preparation for economic independence,
appreciation for the dignity of work, and
velopment of the full man. Its main pur-
e Is to prepare all students for a success-
and rewarding life by Improving the basis
occupational skills, enhancing education-
achievement by making education more
aningful and more relevant to the asplra-
ijns of students, and by Increasing the real
cljolces and alternatives people have among
nr^any occupations and training avenues
them. It is a lifelong, systematic wav of
qualntine students wUh the world of work
the elementary and Junior high years and
pieparing them In high school and college
*■ enter and advance In a career field of their
Ti choosing.
For adults it is a way to re-enter formal
ucatlon and upgrade their skills In their
tablls.hed career field or to enter a new
■; reer field. It embraces all occupations and
p: ofesslons and can Include any Individuals
w lether in or out of school.
u ;ed
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EXTENSIONS OF REMARKS
The Office of Education Is Involved in a
number of exciting ways In furthering the
career education movement. Last month we
created In the Bureau of Adult, Vocational
and Technical Education a Curriculum Cen-
ter for Occupational and Adult Education.
The Center already Is handling 39 projects.
One project alone called for reviewing 32 pro-
posals for developing the capabilities of
State Curriculum Laboratories In reorienting
them towards career education.
Recently, through a grant to the Texas
State Education Agency, the center was able
to announce that seven bibliographies of
State Curriculum materials In seven major
vocational areas are now available through
ERIC.
Our emphasis on Career Education Is pri-
marily based on the growth of technology In
this country and Its effects on the lives of
the American people. For too long our edu-
cational system has assumed that all our
5'outh must be channelled Into college and
universities when In fact fewer than 20^'r
have in the past graduated with bachelor's
degrees Into professional and managerial
leadership Jobs. In addition the Bureau of
Labor's statistics Indicate that In the foresee-
aljle future 83 Cr of the Jobs will not require
bichelor's decree preparation.
Each year then It becomes more evident
that the largest Increase In Job opportunities
will continue to be for persons skilled as
technical, clerical, or paraprofesslonal work-
ers. These people are needed to support the
professionals and guide the efforts of the
skilled and semi-skilled persons at the tech-
nical and specialists level In all major fields
of work. The education and work experience
required to prepare such specialized sup-
portive people has to be based not only on
high school preparation but also technical
education beyond high school. And this type
of training has traditionally been provided
in large measure by the Nation's nearly 10,-
000 proprietary vocational schools.
Several special advantages over the public
schools are offered by proprietary vocational
schools and these Include :
The ability to respond quickly to changes
In the manpower needs of local business and
Industry; courses can be added as soon as
they can be organized without months of
red tape and procedural delays Inherent
within the public school system;
The ability to concentrate on the needs
of each student — marginal students who have
never before experienced academic success
can proceed at their own pace and success-
fully complete courses which are aimed at
developing practical techniques rather than
theoretical knowledge; faculty members are
chosen more on the basis of practical ex-
perience and consequently act as excellent
teachers for such training; and Innovative
teaching techniques such as the use of short,
sequential learning units and small teacher
to student ratios are utilized;
Special Introductory courses have been set
up In many schools to help educationally
disadvantaged students meet entrance stand-
ards:
Shorter courses, enabling students to com-
plete their training and begin working In a
much shorter time. This provides an oppor-
tunity for the poor students who don't have
the time and money necessary for a four
year college program;
More flexibility in that they offer both day
and evening classes and operate on a year-
round rather than a nine month basis with
cla.sses starting an average of 4 times a year;
and
In addition, proprietary Institutions have
Incorporated such programs as loans. Install-
ment payments for tuition fees, and work
placement In nearby Industry and business to
help disadvantaged students.
In 8plt« of these significant advantages,
proprietary schools have frequently been met
with a less than enthusiastic response from
January 6, 1973
educators, school counselors, and, to some
extent, the Federal government.
Some of the negativism has been provoked
by the few schools which give all the others
a bad name by not providing what Is prom-
ised by their catalogue or their school rep-
resentatives or by providing Insignificant
training or Job placement. Despite this, how-
ever, the fact that these schools exist and
prosper financially Indicated that one cannot
get the type of training they provide else-
where or that the private schools have su-
perior resources and teaching techniques or
both.
According to Dr. A. H. Belltsky of the Up- «
John Institute for Employment Research,
private vocational schools will continue to
remain viable then principally because the
public schools alone cannot presently meet
the needs of all the people who want voca-
tional training and If the public Institutions
were to be expanded, the costs of adding
new vocational programs and the possible
social waste of unutilized or underutilized
private facilities would be prohibitive;
Unique course offerings such as diamond
setting, dog grooming, meat cutting, and
time-study engineering, to name a few, could
be provided In public schools only at high
costs, and vocational courses of short dura-
tion would be hard to Integrate Into the pub-
lic school curriculum; and
Private vocational schools have an advan-
tage of early experimentation with new pro-
grams and innovation in methods of instruc-
tion which will continue because of their
close ties with Industry and their desire to
maximize profits.
At a time when resources are scarce and
time Is short, it Is urgent that a viable al-
liance be developed and strengthened be-
tween the U.S. Office of Education and or-
ganizations such as NATTS In furtherance
of the concept of career education.
There are some problems which cannot be
overcome except by our Joint efforts. For ex-
ample, at present all trade and technical
schools are operating at only about two
thirds capacity at a time when we need to
maximize our potential vocational resources
to meet the challenges of Career Education.
If these schools were encouraged to operate
at full capacity, an additional one half to
two thirds million more people could be ac-
commodatg;^
Another^^oblem Is that most guidance
counselors must be taught to make known to
their charges In the high schools the oppor-
tunities which are available In the private
vocational schools. The vocational schools
need additional guidance counseling within
their own Institutions as well.
A third problem Is the fact that the vast
majority of private vocational schools are
not accredited or assoctkted with a national
organization such as NATTS or even eligible
for accreditation. Accreditation Is extremely
Important because:
It provides the schools with an objective
method of upgrading their educational stand-
ards and practices, thereby improving the
reputation and opportunities of all effective
schools;
It provides prospective students, teachers,
counselors, and lending Institutions with an
objective assessment of the quality of the
programs provided by these Institutions;
It focuses public attention on competent
schools and enhances their competitive
status with prospective counselors, students,
and teachers;
And It forces other schools which are not
accredited to raise their standards In order
to compete with those schools which are ac-
credited.
A fourth major problem Is the high cost of
tuition at private vocational schools and the
problem of securing loans for the students.
I mention this only In passing since I am
sure that David Bayer will address himself
to this problem in his talk after lunch.
January 6, 1973
In the future then, with the help of orga-
nizations like NATTS. private vocational
schools will undoubtedly experience a con-
sistent growth In enrollment and greater
general acceptance as a training resource
1 for persons who do not attend college or
' junior college. The Importance of their
greater social role can not be underesti-
mated if we are to successfully pursue the
concept of Career Education.
Under the Vocational Education and Man-
power Development Training Acts, the In-
tent of Congress is evident that the excel-
lence of private instituiioiis should be made
available to those who might thus profit
from them with support of Federal funds
through tij^ contract mechanism. _^
Under the Vocational Education Aetr con-
tracts for specialized educational services
may be let by the State provided that there
are no State laws prohibiting such con-
tracting.
The provisions of the MDTA have permit-
ted a realization of a larger amount of co-
Jljrftatlve effort between non-public and pri-
.- — vate schools. Beginning In 1963 when only
about 2 percent of the total trainees under
the Manpower Development and Training
Act were in non-public institutions, the
number has grown rather steadily. In 1971,
sixteen percent of the total were in such
institutions. Many placements in recent
years have been through Individual refer-
rals to specialized private trade, technical,
and otherwise specialized schools.
We believe this to be clear evidence of the^
willingness of the States to Incorporate tl
e.Kcellence and specialization of private
school programs into the total plan of deliv-
ery of high quality education in the States.
We are now making a complete assess-
ment of all aspects of the new pending leg-
islation in Senate Bill 659, "The Education
Amendments olil972," as they apply to oc-
cupational education. The "Amendments."
passsed by botil the chambers, are now
awaiting the President's signature.
This Is the first piece of educational legis-
lation which clearly states that the United
States has a responsibility to provide some
form of postsecondary education to all
students.
It provides for the first time a mechanism
by which all postsecondary. non-professional
occupational education programs can be
planned, coordinated and administered
within each of the separate States accord-
ing to their peculiar iind specific needs.
Some provisions under Title X, "Com-
munity Colleges and Occupational Educa-
tion." are of particular Interest to the
NATTS membership.
Section 1057(b) "Program Grants ^or
State Occupational Programs" reads as
follows :
"Programs authorized by this part may be
carried out through contractual arrange-
ments with private organizations and institu-
tions organized for profit where such ar-
rangements can make a contribution to
achieving the purposes of this part by pro-
viding substantially equivalent education,
training, or services more readily or more
economically, or by preventing needless
duplication of expensive physical plant and
equipment, or by providing needed educa-
tion or training of the types authorized by
this part which would not otherwise be avail-
able."
And In Section 1202, "State Postsecondary
Education Commissions" you will want to
note the role of private Institutions.
"Sec. 1202(a) Any State which desires to
receive assistance under section 1203 or Title
X shall establish a State Commission or
designate an existing State agency or State
Commission (to be known as the State Com-
mission) which Is broadly and equitably rep-
resentative of the general public and public
and private non-profit and proprietary Insti-
tutions of post-secondary education in the
EXTENSIONS OF REMARKS
State including community colleges (as de-
fined in Title X), Junior colleges, post-sec-
ondary vocational schools, area vocational
schools, technical Institutes, four-year In-
stitutions of higher education and branches
thereof,"
Section 1203, just alluded to, states in
part: "The Commissioner (U.S. Commis-
sioner of Education) is authorized to make
grants to any State Commissioner estab-
lished pursuant to Section 1202 ... to en-
able It to expand the scope of the studies
and planning required In Title X through
comprehensive Inventories of, and studies
with respect to, all public and private post-
secondary educational resources in the State.
Including planning necessary for such re-
sources to be better coordinated, improved,
expanded, or altered so that all persons with-
in the State who desire, and who can benefit
from, postsecondary education may have an
opportunity to do so."
Another section of this Act, which Is one
of the most important educational acts In
this nation's history, appears In section 404
of Title III. It creates an Assistant Secretary
of Education who under certain conditions
may make grants to, and contracts with, pub-
lic and private educational Institutions and
agencies to/improve post-secondary educa-
tional onjJortunltles by providing them as-
slstaiip* for the design and hitroductlon of
c^S*«^ectlve methods of Instruction and
Deration.
It has been an honor and a pleasure to
appear before this eighth annual conference
of the National Association of Trade and
Technical Schools. In closing, I want to as-
sure you that we In the U.S. Office of Educa-
tion look forward to continuing and
strengthening our close relationships with
your representatives at the National level,
particularly in view of the scope of the new
educational legislation which looms on the
horizon which offers greater utilization of the
services of your excellent Institutions.
The White House,
Washington, D.C., June 13, 1972.
The basic obligation of American educa-
tion Is to prepare our young people for so-
cially productive and personally rewarding
lives. The National Association of Trade and
Technical Schools plays a vital role in the
fulfillment of this responsibility.
Your steadfast dedication to raising the
quality and expanding the scope of occupa-
tional education enables thousands of young
Americans to achieve greater economic secu-
rity and to find self-fulfillment In the con-
structive use of their talents. Your accom-
plishments provide a splendid example of the
creativity and vitality that privately oper-
ated schools adds to our educational system.
My congratulations to you, and my best
wishes for every success at this Annual Meet-
ing.
Richard Nixon.
PUBLIC MASS TRANSPORTATION
HON GLENN M. ANDERSON
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. ANDERSON of California. Mr.
Speaker. I am today reintroducing legis-
lation which would allow a portion of the
Highway Trust Fucd to be spent for
mass transit systems^ i
First, let me preface my rema^Rs re-
garding the need for this amendment by
giving a brief history of the action taken
in the 92d Congress :
When the Federal Aid Highway Act
493
amendments (S. 3939) were before the
Senate in September 1972. Senators
Cooper and Muskie led the fight to al-
low the use of funds earmarked for the
urban system to be used for the pur-
chase and construction of mass transit
systems. The Cooper-Muskie amendment
was adopted in the Senate by a more
than 2-to-l margin.
Then, in October, a similar bill (H.R.'
16656 1 — but without the mass transit
amendment — was considered in the
House of Representatives. Prior to con-
sideration by the full House, I attempted
to amend the act in the Public Works
Committee by inserting an amendment
similar to the Cooper-Muskie amend-
ment. We were defeated in the full com-
mittee by a 26-to-lO vote.
As there was a question regarding the
germaneness of the amendment, I ap-
peared before the Rules Committee to
obtain a "rule" which would have as-
sured a vote on the merits of the mass
transit amendment. The Rules Commit-
tee turned down our request by an 8-to-7
vote.
As a result, we were forced to attempt
to amend the rule on the floor and. on a
complicated procedural question, we
were defeated 200 to 168, thus negating
the consideration of our mass transit
amendment.
The Federal Aid Highway Act amend-
ments went to a conference committee
and shortly thereafter died during the
waning hours of the 92d Congress.
As a result, one of the first orders of
business during thi§ session will be the
consideration of tli^ Federal Aid High-
way Act amendmem* and, again, we will
attempt to open (up a portion of the
Highway Trust Filnd to be used for
mass transit.
PURPOSE OP THE MASS TRANSIT PROPOSAL
I am reintroducing this bill today in
order to give the Members time to study
it and its implications before the Federal
Aid Highway Act amendments are con-
sidered by the House in the coming
weeks.
This proposal would permit — not re-
quire—local urban officials to use their
share of the urban system money to pur-
chase or construct public transportation
systems. Rather than continue to con-
sti-uct highways in the cities, the mayor
and city coun^l could decide to use part,
or all, of theifHbare of funds to buy
buses or to constrain a rail transit sys-
tem.
Some local officials will determine that
more highways are needed to meet their
transportation needs. They can continue
to use the urban system funds for high-
way construction.
Some local officials will determine that
a bus or rail system will do much to take
a burden off their congested urban
highways. They will be permitted to use
their share of the funds for the acquisi-
tion or construction of bus or rail sys-
tems.
Obviously, some local officials will de-
termine that their particular transpor-
tation problems will best be met by con-
structing both highways and a public
mass transportation system. They will be
permitted this flexibility.
Many have raised the questions "Won't
494
this halt the Interstate system?" "Won't
this hinder the construction of primary
or secondary highways?"
The answer, very simply, is "No." The
mass transit proposal does not touch one
cent of the over $3 billion a year Inter-
state money. Nor does it affect the money
allocated for the primary and secondary
sy.stems.
The proposal which I am introducing
today would merely allow the local offi-
cials to use their share of the fund allo-
cated for the urban system to purchase or
construct a public transportation system.
ENERGY CRISIS
Mr. Speaker, there is little question
chat by the end of this decade the United
States will be confronted with a severe
energy' shortage.
Today, we import about 25 percent of
Dur oil.
According to the Petroleum Council,
R-e will be importing over 58 percent of
aur oil by 1985, and will be even more de-
Dendent on the oil-rich Middle East to
run our factories, heat our homes, and
[uel our cars.
And by 1980, with the number of au-
■omobiles in the United States expected
:o double, it is little wonder that oil
arices are expected to increase by 100
Dercent.
What is the answer?
Certainly one answer to the energ>'
crisis would be a more rational use of
)il. According to a study conducted by
:he Chase Manhattan Bank, automo-
)iles — passenger cars only — account for
learly 4.3 million barrels of oil demand
iaily or 30 percent of our daily consump-
;ion. V
By 1985. automobiles will consume 7.4
nillion barrels of oil daily.
Rather than continue to consume such
I large amount of oil in our pollution-
jelching automobiles, we should offer
;ommuters and other marginal high-
vay users an efficient, safe, and eco-
lomical alternative — public transporta-
ion.
Not only would a diversion of traffic
)S of the highways and onto the public
ransportation system reduce auto pol-
ution, it would also save our precious
■esources of oil. A 25-percent diversion
)f auto traffic from private passenger
•ars to mass transit could reduce petro-
euni demands by almost one-half mil-
ion barrels daily.
AIR POLLUTION
Mr. Speaker, we know that emissions
rom automobiles cause approximately
)0 percent of the air pollution in our
•ities.
Autos account for nearly two-thirds
)f all carbon monoxide in our air, more
han one-half of hydrocarbons and twe-
lfths of nitrogen oxide.
According to Environmental Protec-
ion Agency Administrator Ruckelshaus
•drastic measures" will have to be taken
;o limit the number of automobiles en-
tering 67 of our cities, if clean air stand-
irds are to be achieved.
In short, not only are we going to have
:o clean up the automobile engine and
:he stationary sources of pollution, we
ire going to Have to limit the use of the
lutomobile in our cities.
I
EkXENSIONS OF REMARKS
j" LAND USE
"^oday we have almost 4 million miles
of road in the United States which con-
suines approximately 35,000 square
miles — an area equal to the size of Con-
necticut, Massachusetts, New Hamp-
shire, Vermont, and Rhode Island com-
bined.
In addition, highways in and around
our urban areas make it necessary to de-
vote large amounts of land to inter-
changes, parking facilities and the like.
The percentage of urban land devoted
to streets and parking approaches 50
percent in the business district of most
of our major cities.
Mr. Speaker, rather than continue to
take more and more of our land off the
tax rolls and build more and more high-
ways, we should use existing rights-of-
way for mass transportation and, thus,
use our land more effectively and more
efficiently.
CONGESTION
Our highways and freeways have be-
come so clogged and backlogged with
commuters and other marginal users,
that no one really benefits from the road.
Due to congestion of the highways — espe-
cially during rush hour— travel time
costs are high, operating efficiency Is
low, and nerves are frayed. Ironically,
one study shows that traffic during peak
periods in New York City actually moved
faster in 1900 than in 1971. r,
If the old adage that "time is money"
is true, then yearly we are throwing away
billions of dollars in time wasted sitting
in traffic.
The congestion that I have been talk-
ing about cannot be eliminated by more
and more highways. Study after study
defnonstrates that new urban freeways
merely encourage additional traffic. The
Hollywood freeway, in my native Cali-
fornia, was designed to reach a capacity
of 100,000 vehicles per day within 10
years. However, within only 1 year, the
freeway was carrying an average of 168,-
000 vehicles per day.
THE SANCTITY OF THE HIGHWAY TRUST FUND
When the highway trust fund was
created in 1956, the taxes paid by motor-
ists were to be used only for highway con-
struction purposes.
In fiscahyear 1972, 95 percent of the
receipts of the highway trust fund were
derived from taxes which were on the law
boftks long before the trust fund was
created and which, prior to 1956, were
used for general revenue purposes. Spe-
cifically, the gasoline tax, which account-
ed for 67 percent of the trust fund rev-
enues in fiscal year 1972, was enacted in
1932. The tire and tube tax, antMhe lu-
bricating oil tax, which together account
for 15 percent of the receipts, were en-
acted in 1919 and 1932 respectively.
T^ose funds— up until the trust fund
began functioning— were used for a host
of nonhighway purposes.
In addition, the trust fund, presently,
has been so changed to meet other needs
that it is difficult to argue that mass
transit is not highway related.
In 1962, Congress allowed trust fund
moneys to be used to help relocate fam-
ilies who were forced to move by high-
way construction.
In 1970, Congress permitted the use of
January 6, 1973
trust fund moneys to construct ferry
boats on the same basis as in the con-
struction of highways.
Two-thirds of the cost of the highway
safety program is paid out of the High-
way Trust Fund.
The 1970 act also permits trust fund
revenues to be used for exclusive bus-
ways, passenger loading facilities, and
fringe parking to serve any type of public
mass transportation.
Mr. Speaker, under existing law. we
can use the gasoline tax to construct a
ferry boat, but not to purchase or con-
struct a bus or rail transit system.
My proposal would change that and
at least elevate mass transit to the same
priority as ferry boat construction.
Mr. Speaker, the highway user, espe-
cially in the urban areas, does not derive
the full benefit of the tax he pays into
the trust fund. Less than 10 percent of
Federal-aid mileage is found in urban
areas: yet urban areas accounted for
more than 51 percent of all Federal gas
tax revenue.
In conclusion, to pretend that a diver-
sion of part of trust fund moneys for
mass transit would constitute a "break-
ing of faith" with the highway user is
hardly defensible.
CONCLUSION
Mass transit is certainly not the com-
plete answer to solving the energy crisis,
nor to cleaning up our environment. Nei-
ther is mass transit a cure-all for our
transportation problems.
However, by permitting local urban
officials to use their share of trust fund
moneys for mass transit, we are giving
them an effective tool to help solve the
energy crisis, clean up our air, use our
land more effectively and transport peo-
ple in a safe, efficient, and economical
manner.
In order to restore mobility in our
urban areas, locally elected officials must
have the capacity to provide accepta-
ble transportation alternative to high-
ways. By adopting my proposal as an
amendment to the Federal Aid Highway
Act, by permitting local officials to spend
some $700 to $800 million on mass transit
we will have those alternatives.
FAITHLESS ELECTOR
HON. EDWARD HUTCHINSON
OF MICHIGAN
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6. 1973
Mr. HUTCHINSON. Mr. Speaker, I
submit that under the 12th amendment
to the Federal Constitution an elector
has no right to vote as he wishes.
The crucial point that is always over-
looked by those who defend the free-
dom of the electors is that the 12th
amendment became necessary because of
a change in the role and function of
electors. Electors — as contemplated by
the framers of article n — were persons
intended to choose dispassionately and
independently the best man. However,
the elections of 1792. 1796, and 1800 dra-
matically changed the essence of electors.
With the rise of political parties, the
January 6, 1973
role of the elector evolved from one of
exercising discretion to one of executing
instructions. Were it not the fact that
the office of elector had become minis-
terial by 1800 so that all of Republican
electors voted for both Jefferson and
Bm-r__as instructed, the 12th amend-
ment would not have been necessary.
Thus, when the framers of the 12th
amendment referred to electors, they did
not mean — as did the framers of article
II— that electors were free and inde-
pendent. Rather, they referred to elec-
tors as they knew them — ministers of
political parties. Consequently, I find it
a bit incongruous to impute to the word
"electors" in the 12th amendment a free-
dom and an iridependence that was, even
as early "55^1804, a historical anach-
ronism.
In other areas of constitutional in-
terpretation, we adopt historically con-
temporai:ieous concepts to define terms.
The first amendment right of free speech
does not protect obscenity because the
framers did not think of it that way.
And the seventh amendment right to
jury trial does not grant that right in
a suit for an accounting because the
framers did not think of it that way.
Of course, there are instances when
the development of the law has deviated
from historic considerations. But all such
changes were accomplished purportedly
to modernize the law. The view that
electors have discretion is the only in-
stance that I know of where we would
intentionally renounce historically con-
temporaneous concepts in order to widen
the gap between the law and modern life.
I reaUze that as recently as 4 years ago,
we grappled with this same constitutional
issue. But I suggest that we overrule our-
selves— as the Supreme Court so often
does on difficult constitutional issues.
Nothing in the 12th amendment, the sub-
ject of om- interpretation, requires the
belief that electors have discretion. His-
tory' tells us that in 1804 the very op-
posite was true. Is there any one in this
body who tliinks it is good for the coun-
try to have electors who are free and in-
dependent?
It has been suggested that we are re-
strained by our own handwork — namely,
section 15 of title 3, United States Code —
from reaching the conclusion I suggest.
But that provision only requires that we
not reject an electoral vote "regularly
given." If the provision were directed to
the issue before us, it would Implicitly
support my suggestion that this Ir-
regularly given vote should not be
counted as cast. However, if the provision
is directed to the problem presented by
dual certification of the electoral vote of
a State, which I believe it is, then the
provision cannot control our decision
here.
The several States have it witliin their
power to bind their presidential and vice-
presidential electors by statute. In Mich-
igan, for example, the failure or refusal
of an elector to vote for the candidates
for President and Vice President appear-
ing on the Michigan ballot of the polit-
ical party which nominated the elector
constitutes a resignation from the office
of elector, his vote shall not be recorded
and the remaining electors shall forth-
with fill the vacancy. If all States would
similarly provide, we would not In the
EXTENSIONS OF REMARKS
future have to deal with faithless elec-
tors.
WE MUST TIGHTEN THE PURSE
STRINGS OF GOVERNMENT
HON. ROBERT PRICE
OF TEXAS
IN THE HOUSE OF RBpRESENTATTVES
Saturday, January 6, 1973
Mr. PRICE of Texas. Mr. Speaker, in
recent montlis the President ov the
United States has delivered a simple
message to the Congress of the United
States. We must move quickly and deci-
sively to control Government spending
or be faced with "higher taxes, higher
prices and a cut in purchasing power for
everyone in the Nation."
Over the years lipservice has been
given to "balanced budgets" and "fisLal
responsibility," but the fact is. the liberal
majority of the U.S. House of Represent-
atives, as managers of the Public Treas-
ury, has done an appallingly bad job. So
bad has been the majority's performance
that were the Congress to exchange
places with the board of directors of Gen-
eral Motors or any other corporation,
they would bankrupt the business in
short order by their profligate spending
policies. Fortunately or unfortunately,
the U.S. TreasmT has a greater capacity
to absorb debt than any private enter-
prise. And the liberals in Congress have
not lost any time in piling up that debt
upon debt by adding millions upon mil-
lions of dollars to almost e\evy program
that comes before the Members for a
vote. From fiscal year 1963 to fiscal year
1971. outlays — expenditures plus net
lending — have increased from approxi-
mately $111 billion to about $211 billion.
During the same period, receipts in-
creased from $106 billion to $188 billion.
Only once during that whole period, in
fiscal year 1959, did receipts exceed out-
lays— $188 billion as opposed to $185 bil-
lion— for a budget surplus of about $3
billion. And even then the budget was
only in balance when the collections of
the trust funds were incorporated into
the total for Government revenues. In
every other year since 1963, outlays were
greater than receipts, resulting in budget
deficits which ranged from somewhat less
than $2 billion in fiscal year 1965 to an
alarming high of $23 billion in fiscal year
1971. The almost continual annual defi-
cits of course have led to substantial In-
creases in the gross Federal debt. The
debt increased from $311 billion in fiscal
year 1963 to $408 billion in fiscal year
1971, the highest in American history.
Estimates for fiscal years 1972 and 1973
are very disturbing. The most current
data available for fiscal year 1972 indi-
cate an outlay level of $233 billion versus
anticipated receipts of $207 billion, for an
expected budget deficit of .$26 billion. Ini-
tial forecasts estimated an even greater
deficit of almost $39 bilUon. The expected
reduction in the deficit is fortuitous rath-
er than planned. A deliberate policy of
expanding Federal outlays was adopted :
only the inability to spend money fast
enough — the incapacity to translate
plans Into on-going programs — pre-
vented outlays from reaching the intend-
495
ed level. With lower outlays, the higher
receipts than originally estimated, the
fi:3cal year 1971 budget deficit is now pro-
jected at $26 billion — less than expected
but still the highest since the peak deficit
years of World War II. Furthermore, the
de.ficit for fiscal year 1973 is expected
to be even higher: $27 billion, with out-
lays programed at $250 billion and re-
ceipts anticipated to be S223 billion. Sev-
eral nongovernment economists, how-
ever, predict that the eventual fiscal year
1973 deficit will be significantly higher
than the official $27 billion. Because of
the continuing deficits, the growth in the
public debt will persist; the debt will be
about $436 billion for fiscal year 1972 and
is expected to reach $477 billion at the
end of fiscal year 1973. Interest on this
debt is presently costing the taxpayers
billions of dollars per year.
Some economic theorists have ad-
vanced the proposition that fiscal pol-
icy— the management of outlays and re-
ceipts to create desired budget surpluses
or deficits — is a useful tool to counter the
ups and downs of the business cycle. Im-
plementation of such a countercyclical
policy would in theoi-y result in the crea-
tion of surpluses during periods with high
levels of business activity and low rates of
unemployment, and in the creation of
deficits during times of depressed busi-
ness activity and high unemployment.
Budget surpluses tend to inhibit the
economy whereas deficits serve to stimu-
late economic activity. Pursuit of this
policy would, in addition, operate to in-
crease the public debt during depressed
periods but to decrease the debt during
prosperous times. The history of the past
few years indicates that there has been
no consistent attempt U follow such a
countercyclical poUcy and there is good
reason to question the basic premises of
the theory. Deficits have been produced
both in depressed and prosperous years.
Failure to control the Increase in expend-
itures combined with failure to increase
taxes in prosperous years, have, as I
have already noted, prided to inflationary
pressures on the economy.
Overall Federal expenditures continue
to increase even though costs for the
Vietnam war have been declining. Viet-
nam war costs reached their peak in
fiscal year 1969 when the incremental
costs of the war — costs over and above
what would have been spent for defense
In peacetime — reached $19.8 biUion. War
costs since then have declined to an esti-
mated $6.8 billion in fiscal year 1972 and
an expected $3.5 billion in fiscal year
1973. These latter estimates do not take
into consideration the current expansion
of the bombing program. But this de-
cline in Vietnam costs has been accom-
panied by increases in income mainte-
nance and Great Society programs. A
recent study by the Brookings Institution
indicates that from fiscal year 1963 to
fiscal year 1973, defense and defense-
related expenditures dropped from 53 to
34 percent of the total budget, while
civilian outlays grew from 47 to 66 per-
cent. Furthermore, the study concluded
that many of the numerous social pro-
grams, costing billions of dollars, had
failed, indicating that money and good
intentions alone cannot provide solu-
tions to social problems. Nevertheless,
the Brookings experts predicted that
496
Federal expenditures for existing pro-
arrams will increase in the future and
:hat there will be demands for new serv-
ces from the Government. With the tax
•eductions effected during recent years,
he Federal Government will be hard
Dressed to find the resources needed to
inance these increased demands.
The continued increases in ex-
penditures, in budget deficits and in the
lational debt have fortunately Jed to
■enewed interest in proposals to deduce
or control Federal expenditures, t^ bal-
mce the budget, and to hmit the gfowth
)f the public debt.
We must recognize that, despite the
;ontrol over the Federal purse strings
riven to Congress by the Constitution, in
)ractice, the Executive exercises extraor-
dinary control over spending. However,
he President frequently cannot take the
:nost desirable action in the public in-
lerest when Congress enacts appropria-
lion bills in excess of budget requests.
; lis only recourse may be to veto the en-
lire appropriation bill, which in many
cases will be impractical. It has there-
ioie been suggested that the Chief Ex-
( cutive be given the item veto power,
vhereby he could prevent specific in-
c reases which he considers without merit
( r of low priority.
Several critics believe that there is
{ resently too little coordination between
expenditure and revenue decisions by
Consress. Congress now views the budget
1 irgely as a series of separate and um-e-
1 ited acts, with decisions on taxes and
expenditures made independently by
separate committees in each House. I be-
1 eve that some way must be found to
i isure that Congress considers the budget
as a whole and relates revenues to ex-
fenditures. One attempt to accomplish
these purposes was the Legislative Re-
crgamzation Act of 1946, which estab-
1 shed the Joint Committee on the
legislative Budget. The committee was
t) meet early in each session of Con-
gress, consider the President's budget
{ roposal in relationship to economic con-
c itions and e£Qciency, set an annual ceil-
i ig on appropriations, and coordinate
t ixes with expenditui-es. This committee
cid not live up to expectations. It was
frobably too large to be effective, and
tie overall expenditure limit was diSi-
cult to implement. At any rate, the com-
riittee died after it was unable to agre^
en a ceiling in 1947 and after its 1948
c eiling was not enforced.
The Committee for Economic Develop-
rient has recommended creation of a
■joint budget policy conference," to in-
c lude congressional leaders, majority and
rimority representatives from the reve-
r ue and appropriations committees of
toth Houses, and members of the Joint
i conomic Committee. This conference
V ould study the budget as a whole, ard
V ould provide communication among the
r?venue and appropriations committees
of the two Houses and the Joint Eco-
romic Committee.
There appears to be much room for
i nprovement in the coordination of '
appropriations decisions. At present, ap-
cropriations are determined in some
13 separate appropriations bills, with
1 ttle consideration given by the sub-
c jmmittee responsible for each bill of it^
EXTENSIONS OF REMARKS
effect on total new obligational authority,
total obligations to be incurred, or the
■likely level of expenditures. The costs of
the programs considered in each of the
individual bills are not considered in
relationship to the costs associated with
the other bills. Thus, Congress does not
look at appropriations and other expend-
itures as a whole and compare alterna-
tive programs. The omnibus appropria-
tion bill, associated with the fiscal 1951
budget, was an attempt to introduce the
necessary coordination, but this proposal
met the same fate as the Joint Commit-
tee on the Legislative Budget.
It is apparent that the Government
has not heeded the advice of Thomas
Jefferson when he said :
To preserve our Independence, we must not
let our leaders load us with perp-^iial debt.
We must make our election betwee:. economy
and liberty, or profusion and s -r.aude.
Over the years, many Me.Tibers of Con-
gress have proposed various methods to
bring to the attention of responsible
Federal officials the need to restrict ex-
penditures to available receipts and thus
to assure a balanced budget. Unfortu-
nately, as the record testifies, these ef-
forts have not been successful. Expendi-
tures keep climbing, deficits continue to
occur, the national debt continues to in-
crease. The time for positive and dra-
matic action has long since arrived. I
believe that the only way to insure fis-
cal responsibility is by means of the
constitutional amendment. I am there-
fore introducing a constitutional amend-
ment which would contain the follow-
ing provisions:
Total appropriations as well as total
expenditures for any fiscal year cannot
exceed total expected revenues for that
year. There is to be no permanent in-
crease in the national debt.
The existing debt is to be redeemed.
The above provisions may be sus-
pended only in times of war or national
emergency.
When Federal officials are forced to
observe the mandates of this constitu-
tional amendment, the financial integ-
rity of the country will be insured. Less
drastic steps have clearly failed. It is
high time to adopt this amendment as
rapidly as possible.
January 6, 1973
LEGISLATION TO DELAY ALL
i BUSING ORDERS
HON. WILLIAM S. BROOMFIELD
OF MICHIGAN
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. BROOMFIELD. Mr. Speaker, I
rise today to introduce legislation to
delay any and all busing orders pend-
ing the exhaustion of all appeals, includ-
ing to the Supreme Court ,'f necessary.
One would think that with aU of the
debate and deliberation which the 32d
Congress devoted to the so-called Broom-
field amendment to delay court-ordered
JDUsing pending appeal that this legis-
lation v.'ould be imnecessary today.
Unfortunately, that is not the case.
The same Federal courts which have
handed down massive and unprecedented
forced busing orders are the same Fed-
eral courts which have, in some instances
refused to implement the Broomfield
amendment to the Education Amend-
ments oi 1972.
This new version of my amendment
leaves no room for misinterpretation, it
offers no loopholes, no room for manlp-
. Illation by those who woiild subvert the
true intent of Congress. My measure de-
lays all busing orders, regardless of the
reasoning or rationale behind those
orders.
Now, more than ever, my amendment
is necessary. I need not remind my col-
leagues that two very similar massive
busing orders have reached exactly op-
posite conclusions on appeal.
The first forced busing order that re-
quired busing of students across munic-
ipal and coimty lines was handed down
in Richmond, Va. On appeal to the
fourth circuit that order was over-
turned, y
Later, in Detroit, busing across coUnty
and municipal lines was upheld by the
Sixth Circuit Court of Appeals.
Mr. Speaker, in view of the fact that
we are operating under one Constitution,
how can we call this justice when cne
city must undertake massive forced bus-
ing while another is told that this same
busing is not constitutionally required?
The answer is clear. This is not justice.
My legislation is designed to perfect
the inequality and obvious inequity of
situations such as this. It merely pro-
vides each and every defendant the op-
portunity to have his case reviewed at
the forum of last resort, the Supreme
Court, before any busing begins.
Mr. Speaker, until the Supreme Court
speaks out loud and clear on massive
forced busing, tliis measure is absolutely
imperative. I respectfully m-ge that it re-
ceive the immediate consideration that
it deserves.
PRICE BILL io RESCIND DES BAN
HON.'i^OBERT PRICE
OF TEX4S
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. PRICE of Texas. Mr. Speaker, an
old proverb says that one should not
throw out the baby with the bath water.
And yet, the Federal Food and Drug Act
which has required a ban on the further
use of diethylstilbestrol— DES — in ani-
mal feeds has accomplished this result.
The intentions of Congress in enacting
legislation to protect the quality and
purity of our food supply have un-
doubtedly been well meaning, and the
pure food and drug laws have prevented
the use of hazardous substances which
might otherwise have found their way to
the consumer in a strictly "buyer be-
ware" marketplace.
However, our laws must be the prod-
uct of reason and must deal with real
instead of imaginary problems; they
must not impose a "cure" that is worse
Januarij 6, 1973
than the "disease." And yet in the ap-
plication of the Delaney amendment
toward the use of DES we have achieved
an injustice which demands corrective
action. Commissioner Charles Edwards
of the Food and Di-ug Administration
has acted to order a ban on DES in ani-
mal feeds in spite of the fact that no
known hazard to human health has ever
been established after two decades of
prescribed use.
DES in levels established and moni-
tored by Government has been a boon to
the American meat-consuming public
and has allowed livestock producers to
provide our people with an abundant
supply of wholesome and nutritious meat
at reasonable prices. The Delaney
amendment, however, because of its zero
toleration standards, has banned this
most useful product without any com-
pensating benefits. If residues of a food
additive appearing in food destined for
human consumption are a definite threat
to human health, we ought to take action
to prevent their presence. However, be-
cause of increasingly sophisticated tech-
nology, our ability to find residue traces
has reached a point where we can detect
parts per billion and perhaps even parts
per triUion. At what point do residues
cease to be a threat to health, or put
another way, what is to be gained by
requiring a zero toleration of residues?
Mr. Speaker, the Delaney amendment
requires the complete ban on DES in ani-
mal feeds assumingly because insignifi-
cant residues somehow pose a threat to
health. Automobiles have killed more
Americans than have been lost in all the
wars this Nation has ever fought com-
bined and contribute to pollution, con-
gestion, and urban decay — and yet who
among us will propose legislation to
abolish the automobile, especially those
of us who drove to work today?
Every year multiple thousands of
Americans suffer injury and death from
accidents in the home — but do these
justify prohibiting the manufacture of
bathtubs, table knives, or staircases?
Fluoride is a known poison — but are
we to deny the obvious benefits of using
fluoride in our water supply in trace
amounts for the prevention of tooth
decay?
The threat to human health posed by
trace amounts of DES residues nowhere
approaches the risks involved in smoking
a cigarette or getting into an automo-
bile—in fact, the threat is nonexistent
according to the best information avail-
able. We need, therefore, to amend the
law to provide for the flexibility needed
to administer the law in a reasonable
manner. Some Americans are livestock
producers and they will be adversely af-
fected by a prohibition on DES: however,
all Americans are consumers. We all eat
meat, and we will all pay the penalty of
higher prices without any demonstra-
ble improvement in the quality of the
meat that comes to our dinner table.
Mr. Speaker, I am today introducing
legislation to modify the Delanev amend-
ment to permit the use of DES in animal
feeds when residues arising out of such
use will not induce cancer in the insig-
nificant amounts detected.
EXTENSIONS OF REMARKS
THIS WAR MUST END
HON. LOUIS STOKES
OF OHIO
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. STOKES. Mr. Speaker, it is a
tragedy that, despite the President's
campaign promise of impending peace,
the 93d Congress convened imder the
dark cloud of impending war. The im-
constitutional and immoral destruction
of North Vietnam, which occurred while
Congress was not in session, is the clear-
est proof we have had yet that one man's
temper tantrums — when that man hap-
pens to be President of the United
States — are enough to cause immeasur-
able destruction on this earth. Someday,
the history books will tell the story of
why the bombing was renewed at the
brink of peace. But we do not need fu-
ture historians to tell us that President
Nixon's thwarting the will of the Amer-
ican people has resulted in millions of
people left slaughtered, crippled, home-
less, and starving.
When I have spoken out previously in
this Chamber against the travesty of this
war, I have often referred to the wisdom
and humanitarianism of Mr. Cyrus
Eaton. Today I do so again.
On Mr. Eaton's 89th birthday, he was
interviewed by a reporter from the
Cleveland Plain Dealer. That account
appeared in the December 28, 1972, edi-
tion of that paper.
In the course of the interview, Mr.
Eaton repeatedly decried the madness of
continuing the war. He went on to draw
the compelling comparison between the
actions of President Nixon and those of
Adolph Hitler. Mr. Eaton concluded with
his expression of faith that world opin-
ion will stop President Nixon where
American public opinion has failed.
Indeed, our country's diplomatic rela-
tions with one country have already been
severely damaged because of this war.
On December 29 we learned that the fury
of Swedish public opinion and that gov-
ernment's critical statements about the
bombing caused the State Department
to take retaliatory action. We have re-
called our ambassador to Sweden and
have refused to receive the new Swedish
emissary. If Mr. Eaton's prediction is
correct, many other nations will join
Sweden if the holocaust continues.
Included below is the accounting of
Mr. Eaton's remarks on the occasion of
his 89th brithday:
[Prom the Plain Dealer. Dec. 28, :972]
Eaton Turns 89 Decrying "Madness" of
Viet War
(By Allen Wiggins)
CjTus Eaton walked Into the room for an
interview on his 89th birthday with a matter
of urgency on his mind.
He carried a newspaper. Its biggest, black-
e.st headline blaring about the heaviest U.S.
bombing of Hanoi and about the city's
evacuation.
Throughout the Interview yesterday, the
old Industrialist would return again and
again to that headline, underscoring it with
his finger, and talking about the "madness"
of America's war in Vietnam.
497
He reminded the reporter that thev had
talked with two North Vietnamese officials
together, less than two months before the
election last November.
They were very well-informed people,"
he said, "and they didn't believe that Nixon
was serious In seeking a settlement. They felt
he would make It seem to be a settlement
until after the election.
"They were unfortunately correct.
"I do not believe that the Soviet Union and
the People's Republic of China will permit
this to continue."
Eaton was being Interviewed In his office on
the 36th floor of Terminal Tower, the old
Van Sweringen office, the office he still reports
to every working day he Is In the city, the
office with Its commanding view of the city
and the lakefront.
We have a tradition of paying the old a
condescending tribute— we say they still
have lively minds. And what we mean Ls, they
can recall vividly scenes from the past.
Just as we expect children to live In the
present and >oung men to live In the future,
we expect old men to live In the past.
Cyrus Eaton will not live according to our
expectations. For an average young man to
say of him that he still has a lively mind
is like saying of the shark that it has a
healthy appetite.
Eaton yesterday was as exercised over the
U.S. bombing of Hanoi as the most rabid
antiwar activist. Although he thought back,
when asked, about earlier davs, earlier wars!
he wanted to talk about now.
He said he thinks Nixon has pushed the
war to the breaking point.
"Under ordinary warfare," he said, the
North Vietnamese "were able to take care of
themselves."
"But this is a giant and brutal destruc-
tion, a great departiwe from ordinary war-
fare."
Eaton said he docs not think China and
Russia wUl stand by for what he called "the
attempt to crush a little nation with massive
bombing.""
"It is time for the Industrial leader, the
banker, the businessman, to speak up against
this, he said. "It Is Increasing the burden of
taxation to sustain this madness, and in-
creasing the cost of money to American in-
dustry.""
Eaton recalled that the late President
Elsenhower said to him. after his retire-
ment, it would be "sheer stupiditv ("be sure
ycu get his exact language.'" Eaton said—
" 'sheer stupidity" ") to send American troops
to fight In Indochina, next to the country
with the largest standing army in the world
and aided by the country with the most so-
phisticated weaponry In the world."
Eaton continued: "As President, he later
told me, his chief problem was with his vice
president, Richard Nixon, who Implored the
French to keep fighting and promised he
would do everything in his power to persuade
the American government to send troops."
Eaton also said: "It's no answer to say
that the majority of Americans elected Nixon
The same thing can be said of Hitler. He was
a madman who led the great German people
to crushing defeats."
Just as the United States was forced to
enter World War II to stop Hitler, Eaton said
the world community will arise to stop what
he called Nixon's madness.
"I've been around for 89 years."" Eaton said.
"I've been an observer and a constant reader
of history. I think I've learned something
maybe. And I think now Is the time when
the businessmen and the Industrialists have
to speak out.
"Wonderful things will happen m the next
89 years— things that will surpass the great
Iqrentlons of the last 89 — but only If we
dcm't let this military madness carry us Into
a V-orld war that destroys everything.'"
^98
THE PURE POOD ACT O^ 1973
HON. JONATHAN B. BINGHAM
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6. 1973
Mr. BINGHAM. Mr. Speaker, today on
January 3, the first day of the 93d Con-
gress, I introduced a bill aimed at in-
creasing the powers of the Food and
Iirug Administration to deal with the
1 )w level of sanitation and hygiene in
tie U.S. food processing industry. If
e lacted, this bill would effect one of the
riost significant and comprehensive re-
f jrms in the history of the Federal Food,
I rug. and Cosmetic Act. I am proud to
1^ ave as cosponsors of this bill Ms. Abzug,
Jlr. Badillo, Mr. Bell, Mr. Brasco, Mr.
I;uRTON. Mr. CoNTE, Mr. Conyers, Mr.
Krinan, Mr. Edwards of California, Mr.
I iLBERG, Mrs. Grasso, Mr. Harrington,
Mr. Hechler of West Virginia, Mr. Hel-
srosKi, Mr. Mollohan, Mr. Moss, Mr.
C'Hara. Mr. PoDELL. Mr. Rangel. Mr.
Rosenthal, Mr. Roybal, Mr. Ryan, Mr.
£ EiBERLiNG, and Mr. Stokes. -
I first introduced this bill last January
and I revised and reintroduced it in
March. The impetus for the bill stems
from the well known cases of food con-
timination. some resulting in death, as
veil as from complaints from my con-
stituents. In addition, I made a personal
observation of food processing inspec-
t Ion methods in New York City and con-
f erred with FDA officials there.
In April 1972. the Government Ac-
counting Office issued a report on the
] "DA to Congress entitled "Dimensions of
1 nsanitary Conditions in the Food Manu-
ficturing Industry." That GAO report
confirmed my observations and under-
scored my contention that a revamping
c f the FDA's legal authority is imperative
i; the consumers of this Nation are to
I e guaranteed that food processed in the
1 Jnited States is fit for human consump-
tion. Presently, the legal j^owers of the
IDA do not enable that asrency to
compel food manufacturers to observ-e
I ecessary standards of sanitation, and
1 tie intent of the Congress to protect the
i .merican consumer remains frustrated.
A careful analysis of the Food, Drug,
J nd Cosmetic Act reveals' four serious
shortcomings in the legal authority of
t tie FDA.
First, the FDA does not know the iden-
tities of all current U.S. food manufac-
turers. At present, there is no require-
ment for a manufacturer to be licensed
liV the FDA in order to be permitted
to do business. The FDA discovers the
jlentity of manufacturers through a
inixture of haphazard methods — reports
(if field agents who happen across new
lilants. complaints of aggrieved con-
i umers. news reports, advertising, and
' oluntary reports of food producers. The
] TDA's list of U.S. food manufacturers
i 3 perenially out of date, because plants
may open and close down without noti-
: ying the ¥dA. The GAO's report stated
hat —
PDA officials have advised tis that there
ire food plants In existence which may not
I e included on the Inventory because, In the
{ bsence of plant registration requirements.
EXTENSIONS OF REMARKS
FDA does not have an effective means of
Identifying all food plants subject to the
Food, Drug, and Cosmetic Act.
If the FDA is ever to be able to inspect
all food processing facilities, it must be
given a rational method of knowing
who to inspect.
Second, the FDA is imable to control
methods and machinery used in food
production. It has no legal power to
require manufacturers to install basic
sanitary equipment such as sterilizers,
temperature and timing devices, and
warning mechanisms which Insure the
production of unadulterated food. In
addition, the FDA has no authority to
establish appropriate educational stand-
ards for employees who operate complex
food processing machinery. By way of
contrast, the Congress passed a law in
1970 to strengthen the drug control
powers of the FDA. That legislation em-
powered the FDA to demand that drug
manufacturers comply with standards
for adequate equipment, analytical con-
trols, and personnel training. In order to
protect American food consumers from
serious health hazards, the FDA must be
given comparable authority over the food
processing industry.
Third, the FDA is unable adequately
to uncover potential public health
hazards. In 1971. approximately 200 au-
thorized FDA inspectors conducted
11,000 inspections of food processing
plants. Since there are over 60,000 food
plants in the United States, this indi-
cates that the average plant is federally
inspected only once every 6 years. The
GAO report revealed that 40 percent of
the food processing plants which it in-
vestigated together with the FDA were
operating under unsanitary conditions.
In over half of those unsanitary plants,
the conditions were "serious in terms of
either having potential for causing prod-
uct alteration or having already caused
product alteration." One-third of this
latter group of seriously unsanitary
plants had never been inspected by the
FDA, and another one-third had not
been inspected for over 2 years.
These figures reveal a pathetically in-
adequate record of Federal inspection.
Although some States and municipalities
conduct their own food plant inspections,
those inspections frequently are not as
thorough as Federal ones.
It is fair to assume that the headline
cases of fatalities resulting from con-
taminated foods represent only the tip
of the Iceberg of the problem of impure
foods being foisted upon the American
public by a lazy and indifferent industry.
The GAO estimates that 40 percent of
food plants operate under unsanitary
conditions, and FDA inspections indi-
cate that sanitation in the food industry
is actually declining, not improving. Dur-
ing the GAO-FDA Investigations, the
major observed unsanitary conditions
included:
First. Rodent excreta and urine, cock-
roach and other insect infestation, and
nonedible materials foimd in, on, or
around raw materials, finished products,
and processing equipment;
Second. Improper use of pesticides In
close proximity to food processing areas;
and
January 6, 1973
Third. Filthy equipment and dirty
areas over and around food-processing
locations.
The FDA-GAO inspection uncovered
live roaches and flies in manufacturing
and storage areas, rodent infestation of
raw materials, mold-contaminated food-
stuffs, dead mice, and rodent excrement
in processing areas.
Fourth, the FDA possesses only inade-
quate authority to protect the public in
cases of public health emergencies..
When that agency discovers that a cer-
tain product already shipped in inter-
state commerce is contaminated, it can-
not command the manufacturer to recall
its poisonous wares. At best, the FDA
must involve itself in lengthy court pro-
cedures to seize the shipment which may
result in a decision too late to save the
consumer victims. Also, if the FDA sus-
pects that a pending shipment of food is
contaminated, it must drag through the
lengthy procedure of obtaining court or-
ders to prevent the shipment.
American consumers are now fairly
well protected in the fields of drugs,
poultry, and meats by the FDA and the
Department of Agriculture. It would be
a rational and necessary step for this
Congress to extend similar safeguards
of the consumer's health to the food
manufacturing industry as a whole.
The bill which I am introducing today
would accomplish five basic objectives if
it were enacted.
Fii'st, all food manufacturers, packers.
and processors would be required to ob-
tain a license from the FDA in order to
do business. This would enable that
agency to maintain an accurate listing
of food-industry establishments and to
inspect all facilities producing food in
the United States. Operation of a food-
manufacturing facility without a license
would be a punishable offense. Licenses
would be valid for a 2-year period, sub-
ject to renewal after a reinspection by
the FDA.
The FDA would be given the authority
to require, as conditions precedent to li-
censing or relicensing, that fcx)d pro-
ducers: First, install necessary sanitary
equipment, including sterlizers, tem-
perature and time controls, and warning
devices; second, use certain approved
types of food containers; third, retain
processing records for 5 years; fourth,
meet employee educational require-
ments: and. fifth, obtain insurance to
cover damages caused by production of
contaminated food. Failure to observe
FDA regulations could result in denial or
suspension of a license.
Second, food processors would be re-
quired to report to the PDA all known
instances of contamination, spoilage, and
improper manufacture or packaging of
foodstuffs which occur during routine
food-processing operations. Failure to re-
port to the FDA wduld subject the viola-
tor to loss of his license.
Third, the FDA would be given new
powers to act swiftly in instances of
suspected public health emergencies. If
the FDA had reason to believe that a
product is contaminated or adulterated,
it would be empowered to embargo the
shipment and sale of that product for a
48-hour period. During that time It
January 6, 1973
would conduct a thorough investigation
of the product.
If the results of the investigation dem-
onstrate that the product is indeed dan-
gerous, the FDA could order a recall of
the shipment in which the contaminated
product was found, embargo the ship-
ment or sale of all goods produced by
that manufacturer, and suspend the
manufacturer's license.
Fourth, new civil financial penalties
of up to $10,000 per violation of the Pure
Food and Drug Act would be instituted.
Present penalties under the act are crim-
inal sanctions v.hich prosecutors are of-
ten loath to seek and judges hesitant to
impose, because of the onus attached
to a criminal conviction. The establish-
ment of civil penalties of a financial na-
ture would therefore provide a more ef-
lective deterrent to violations of the pure
food laws.
Fifth, the FDA would be required to
put into operation a uniform system for
receiving, processing, investigating, and
responding to consumer complaints. In
the past, consumer food complaints made
to FDA offices often have been ineffec-
tively handled. This bill would give the
FDA a congressional mandate to orga-
nize its consumer investigation and re-
sponse systems in a manner which in-
sures that a valid consumer complaint
made to the FDA will result in effective
action.
In summation, this bill gives to the
FDA the legal powers needed to protect
the American public, including the
wealthy, middle-income, and lower-in-
come populations, from the serious health
hazards caused by the scandalously in-
adequate level of sanitation found in the
American food-processing industry.
This statement was prepared for de-
liverj' In the opening session of the 93d
Congress on January 3, 1973. but could
not be delivered on that day, because the
House adjourned immediately after com-
pleting the formalities of organizing it-
self out of respect for Members who died
during adjournment after the 92d Con-
gress:
Section-by-Section Analysis of the Pdee
Food Act of 1973
Section 1 . Title.
Section 2. This section 'describes the find-
ings which gave Impetus to the bill and the
Congressional purposes behind the bill.
Section 3. This section amends Section 404
of the Federal Food, Drug, and Cosmetic Act
as follows :
Section 404(a) empowers the Secretary of
HEW to promulgate regulations In the food
processing area and to charge licensing fees.
Section 404(b) requires every person en-
gaged In interstate food processing to obtain
a license blannually from the Secretary of
HEW.
Section 404(c) sets forth the conditions
which must be fulfilled by an applicant for
a license before the license can be Issued or
renewed by the Secretary- of HEW :
(1) an applicant must furnish the Secre-
tary with the name of his business and the
location of all his food processing facilities.
(2) an applicant must provide a listing of
all his food products,
(3) an applicant must Inform the Secre-
tary of the methods he uses to produce foods
and the sanitary devices which he employs,
and
EXTENSIONS OF REMARKS
(4) each food processing establishment of
the applicant must pass an FDA Inspection.
Section 404(d) requires a licensee to use
food containers prescribed by the Secretary,
to retain food processing records for five
years, and to hold back from public sale any
lots of food which the manufacturer believes
to have been improperly manufactured and
to report to the Secretary before releasing
any such suspected products for sale.
Section 404(d) requires a licensee to:
( 1 ) use food container prescribed by the
Secretary
(2) retain food processing records lor five
years
(3) hold back from public sale any lots of
fcx3d which the manufacturer believes to
have been improperly manufactured and to
report to the Secretary before releasing any
such svispected products for sale
(4) report to the Secretary any Instances
of Improper food manufacturing when that
food has already entered Interstate com-
merce
(5) open all food processing records for
inspection
(6) use sterilizing equipment, temperature
and time control devices, and equipment pre-
scribed by the Secretary to warn when sani-
tary devices are malfunctioning.
(7) comply with educational and training
requirements set by the Secretary for em-
ployees working In the food processing In-
dustry
(8) insure itself against damages caused
by the Improper processing of food
(9) comply with all regulations established
by the Secretary.
Section 404(e) provides that the Secretary
may revoke a license for cause according to
due process.
Section 404(f) provides that a license may
be altered, transferred, or surrendered only
if the Secretary agrees and thirty days public
notice has been given.
Section 404(g) instructs the Secretary to
coordinate his efforts with those of State
food regulating agencies and to establish a
coordinated FDA program for gathering, In-
vestigating, and responding to consumer
complaints.
Section 4 and Section 5. These sections
amend sections 703 and 704 of the Food,
Drug, and Cosmetic Act by expanding the
inspection authority of federal food Inspec-
tors to Include performance records and
quality controls.
Section 6. This section amends the Food,
Drug, and Cosmetic Act by creating a new
section, section 708.
Section 708(a) permits the Secretary upon
notification by a licensee under section 404
or upon belief that food which Is mlsbranded
or adulterated has entered interstate com-
merce, to investigate within 48 hours to de-
termine whether a public health hazard ex-
ists, to embargo suspected foods pending
completion of that Investigation, and to
make public the results of the investigation.
Section 708(b) permits the Secretary, upon
determination that a health hazard exists
because of contaminated food, to order the
recall of the shipment of which the contam-
inated food is a part, to embargo all food
products of the offending producer, and to
suspend the producer's license.
Section 7. This Section amends section 303
of the present Food, Drug, and Cosmetic Act
by increasing existing criminal financial pen-
alties for violation of the Act and by adding
new civil financial penalties of up to $10,000
for each violation of the Act.
Section 8. This section conforms other
parts of the Food, Drug, and Cosmetic Act to
this legislation.
Section 9. This section makes the effective
date of the Pure Food Act of 1973 six months
after the date of enactment of the Act.
499
BACH MAI HOSPITAL EMERGENCY
RELIEF FUND
HON. BELLA S. ABZUG
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Ms. ABZUG. Mr. Speaker, the weekjse-
fore Christmas, the Bach Mai Hospital—
whose name in Vietnamese means "white
blossom" — was completely destroyed by
over thirty 500-pound bombs dropped
from B-52's. This 950-bed civihan hos-
pital, the largest in North Vietnam, con-
tained extensive clinical laboratories and
all of the auxiliary services required to
operate a major teaching hospital.
Twenty-five doctors and nurses, plus an
unknown number of patients, died in
these raids.
In response to this wanton act by our
Nation, a group of concerned Americans
has formed the Bach Mai Hospital
Emergency Relief Fund. In its first 10
days of existence, the fund received do-
nations totaling $300,000. This sum rep-
resents 10 percent of the $3 million
needed to rebuild Bach Mai.
The purpose of the Bach Mai Hospital
Emergency Relief Fund is to show to the
world our outrage at the acts of our Gov-
ernment and at the same time to give
Americans the opportunity to make
available to the North Vietnamese some
of the medical supplies and equipment
they will need to replace the hospital.
There can be no question of rebuilding
the physical plant of the hospital as long
as there is a danger that the bombs will
continue to fall. Not until U.S. bombers
are removed from their bases within
striking range of Hanoi will it be safe
to begin rebuilding. In 1970 and 1971 the
people of North Vietnam undertook the
rebuilding of the Vietnam-Czechoslo-
vakian Hospital in Haiphong that had
been bombed under the Johnson admin-
istration. Reconstruction was completed
in Febi-uary 1972, and 2 months later, on
April 16, 1972, the hospital was once
again bombed by U.S. planes sent this
time by the Nixon administration. It was
bombed again during Christmas. The im-
mediate goal of the Bach Mai Hospital
Emergency Rehef Fund is to send medi-
cal supplies to help the North Vietnamese
substitute decentralized and under-
ground health-care facilities for the
services provided in the past by Bach
Mai.
Bach Mai Hospital was more than the
largest center for health care in all of
North Vietnam. 'Witliin its walls, some
of the major research and teaching of
future doctors and health workers took
place. In addition. Bach Mai served as a
center for emergency treatment of civil-
ians in the Hanoi area.
Unfortunately, Bach Mai HoKi>>ta] Is
not an isolated incident of U.S. bombing
of civilian structures. From April 1972 to
October 1972— before the massive Christ-
mas bombings — all 26 provincial hospi-
tals and every, district hospital in North
Vietnam had Seen hit at least once by
U.S. bombs. In addition, during the week
before Christmas and the few days there-
5)0
a
a:
iq
a
of
0
C'
ter, the following North Vietnamese
hbspitals were damaged or destroyed —
a xording to the Boston Globe of Decem-
b!r 28, 1972: Nga Tu So dispensary- in
I^anoi, Kien An Hospital and the con-
gious disease block of the Vietnam-
Cfeechoslovakian Hospital in Haiphong,
the An Duong dispensary in Hanoi, the
Koai Due Hospital in Ha Tay province,
tl le tubercular diseases Hospital in Bach
Ipai province.
The campaign will attempt to involve
broad a spectrum of the American
pfeople as possible, with individuals, orga-
n zations, and church bodies who have
t*e confidence of large numbers of Amer-
ans and the capacity to involve them in
successful campaign. A partial Listing
sponsors of the Bach Mai Hospital
Ehiergency Relief Fund includes: Ramsey
Clark, Arthur Miller. Julian Bond, Dr.
C narles E. Janeway, Salvador Luria, Rt.
Pev. Robert DeWitt. Leon Eisenberg,
\:.D., Erik Enkson, Bishop Thomas
C unibleton. Rev. David Hunter, Repre-
sentative Robert Dnnan, Bishop John
V'esley Lord, Rt. Rev. Paul Moore. Jr.,
•Albert Szent-Gyorgyi. George Wald. Dr.
Charles Mayo III, and Dr. Hertjert
-AJbrams.
Events of this campaign will range
fiom benefit concerts to direct mail
sdlicitations to individual donations,
however, the backbone of this massive
fiind-raising effort will be street comer
ajid door-to-door solicitation by thou-
nds of Americans across the United
Skates These efforts will thus constitute
message: that we, as American citizens,
jlieving life is precious and all human
bpings are created equal, want the bomb-
g to stop once and for all, with no fur-
ther tactics of deception or acts of vio-
lence by the U.S. Government.
The campaign for Bach Mai Hospital
being cosponsored by the Medical Aid
fir Indochina Committee — MAI — Medi-
c il aid for Indochina has been operating
f^r more than a year and in that period
time has sent over $100,000 worth of
rAedical supplies and equipment to the
people of Indochina through the Red
Cross Societies of North Vietnam, and
t: lose areas of South Vietnam, Laos, and
Cambodia being attacked by the United
States. Medical Aid for Indochina has
e Jtablished reliable information and
t ansportation channels to provide the
.American people with a method of re-
s )onding to the medical needs of the
people of Indochina and a way of join-
lug the rest of humanity in protest
ajialnst the senseless brutality of the U.S.
ovemment.
Contributions to the Bach Mai Hospi-
tal Emergency F\ind may be sent to 140
Sixth St., Cambridge, Mass., 02142.
PRICE REINTRODUCES PRAYER
AMENDMENT
HON. ROBERT PRICE
OF TEX.^S
IX THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. PRICE of Texas. Mr. Speaker, I
a m today reintroducing legislation which
EXTENSIONS OF REMARKS
I believe has the strongest support
among the American people, legislation
which was among the unfinished busi-
ness of the 92d Congress.
Very simply, this con.stitutional
amendment would permit voluntary
prayer in our Nation's classrooms. While
I aan opposed to any legislation which
would combine the powers of church and
state, likewise, I cannot condone actions
by our courts which would jeopardize
the free exercise of our basic freedoms
outlined in the Bill of Rights, including
freely given expression of thanksgiving
and prayer to God in public institutions.
Mr. Speaker, each day the U.S. House
of Representatives begins its proceedings
with a prayer to God. And the U.S. Con-
gress has sanctioned the motto "In God
We Trust" upon the currency of our Na-
tion. To deny our great historical record
as a religious. God-fearing Nation would
be a great disservice to those whose sac-
rifices laid the foundations which have
been our great strength. Let us not deny
to our children the lessons of respect
and reverence so essential to their well-
being as whole citizens. Our schools are
more than a place to learn the mechanics
of English; they are and ought to be a
source of inspiration and moral strength
which will contribute to the betterment
of future generations of American citi-
zens.
I believe the enactment of my consti-
tutional prayer amendment would give
the American people a direct voice in
deciding the important question cur-
rently unsettled. The Congress would
through the ratification process turn this
matter over to the States and the people
therein for final disposition. It was in
this manner that the 18-year-old vote
issue was resolved, and I believe this is
in keeping with the best traditions of the
American political system.
Mr. Speaker, let us act without delay
to reestablish and redefine the right of
each and every American citizen, young
and old, to voluntarily give thanks and
prayer to God in our public-sponsored
institutions.
SAFEGUARDING PRIVATE PENSION
PLANS
HON. JOHN H. DENT
OF PENNSYLVANIA
IN THE HOUSE OP REPRESENTATIVES
Saturday, January 6, 1973
Mr. DENT. Mr. Speaker, I am pleased
to submit to my colleagues, and all others
concerned about safeguarding the bene-
fits of citizens who participate in pri-
vate pension plans, two bills that I con-
sider a "first step" toward our goal of
securing retirement benefits earned dur-
ing working years.
These measures are introduced today,
on the first meeting of the 93d Congress,
to underscore the immediate need for
congressional attention to the plight of
workers who, for one reason or another,
do not realize the income to which they
should be entitled upon retirement. I do
not maintain that the two bills I put be-
Januarij 6, 1973
fore the House today are the final an-
swer to this complex problem, but they
are the product of comprehensive studies
in the field. It is my hope that they will
serve as the vehicles by which we can
renew our efforts to solicit constructive
suggestions for reform of the private
pension system, and fashion legislation
which will eventually result in the en-
actment of meaningful safeguards for
the rights of retirees.
It is my intention to call for hearings
in Washington early next month before
the General Subcommittee on Labor, and
to press for early action on this issue.
VOTING ATTENDANCE REQUIRE-
MENT FOR MEMBERS OF CONGRESS
HON. ROBERT PRICE
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. PRICE of Texas. Mr. SpeakerTi
have introduced today a joint resolution
which, if adopted by the Congress and
ratified by the legislatures of three-
fourths of the States, will amend the
Constitution by requiring Members of
Congress to be recorded on at least 70
percent of the rollcall votes during a
session of Congress or have their ofiBce
declared vacant.
The purpose of the bill is to require
Members of Congress to do what they are
elected by the people to do — represent
their constituents by voting on legislation
before Congress. My bill is really quite
simple. It would merely amend the Con-
stitution of the United States in such a
way that, if a Member of Congress is not
recorded on at least 70 percent of roll-
call votes of the House or Senate, the
office becomes vacant and the State from
which he is elected is notified of the
vacancy. The only absences that would
not be included in computing the 70-per-
cent voting requirement would be those
when a Member of Congress is excused
or necessarily prevented from being pres-
ent due to illness or official business.
In my opinion, justifiable absences
should not count against a Member, but
it seems to me that, especially in light
of the salaries received, we ought to be
working and voting much more than
some are doing at the present time.
What is wrong with an amendment
requiring a Member of Congress to be
present to do the job the voters are pay-
ing him to do? Absolutely nothing, in my
opinion. For the voters have a right to
expect us to be here in Washington tend-
ing to business.
Contrary to what some have said about
the Congress, I am not yet ready to con-
cede that we do not have the will to
police ourselves and that Congress will
not live up to its responsibilities by seri-
ously considering this much-needed
amendment.
I for one intend to do all in my power
to see that this amendment is adopted
and ratified by the States, and I urge
you to join with me in that effort.
January 6, 1973
CONGRESSIONAL RECORD — HOUSE
501
FLEET AID CORP.'S NEW WARRANTY
PROGRAM
HON. PETER A. PEYSER
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. PEYSER. Mr. Speaker, Mr. Irwin
Tucker, president of the Fleet Aid Corp.,
of New York, has written to me to tell
me of a new service warranty program
to protect the consumer which I feel cer-
tainly should be brought to the attention
of the Congress and the public with the
idea that possibly more organizations will
follow their lead in developing this type
of program.
The letter follows:
Fleet Aid Corp.,
New York, N.Y.. January 2, 1973.
The Honorable Peter A. Peyser,
House Office Building,
Washington, DC.
DfAR Congressman: It Is well known that
you are extremely Interested In consumer
affairs. I would like to call your attention to
a new program regarding automobile safety
and warranty protection.
Automotive repair costs, as you may well
know, have risen considerably in recent
years. The quality and costs for such work
leaves much to be desired. The Congress has
already enacted legislation concerning auto-
mobile safety standards and I think that
now is the time for the development of
standards covering automotive repair work.
A step in this direction was recently taken
by Fleet Aid Corporation, of New York, an
independent automobile service and mainte-
nance specialist. This organization has de-
veloped a unique, comprehensive mainte-
nance and .service warranty program which
offers the consumer complete protection
against the costliest type of automobile
breakdown In new and used cars.
The Fleet Aid program includes a 12,000
mile or 12 month, whichever comes first,
power train warranty program for buyers of
new and used cars. The power train of an
automobile Includes the engine block, head
and all internal parts, intake manifold,
transmission in oil case and internal trans-
mission parts, torque converter, drive shaft,
universal Joints, rear axle and differential.
This warranty program has already been
Introduced by Ford dealerships and has been
proven successful in creating customer con-
fidence in the purchase of 1973 models, as
well as Ford produced used cars, the last four
model years, which Ford dealers acquired as
trade-ins or used for their lease and rental
operations.
This warranty assures buyers that each
automobile Is thoroughly Inspected, tested
and In good running order before leaving the
dealership. This same warranty program has
been in effect for some time with Hertz and
other rental companies covering all American
made automobiles that are sold directly to
the public.
This unique power train program Is con-
sidered by many In the automotive Industry
as a major breakthrough In protecting the
automobile buyer. In the past, used car buy-
ers usually receive a 30 day warranty, from
the date of purchase. Today, this Fleet Aid/
Ford power train warranty commences after
the manufacturers warranty expires on the
1973 models. On used cars, this warranty pro-
grnm stays in effect for 12 months or 12.000
miles, up to 62,000 miles on the odometer,
from the date of purchase.
Fleet Aid has developed an emergency road
service option as part of their consumer pro-
tection program. Should a Ford customer's
car breakdown, he can call the selling Ford
dealer If the breakdown Is In his general area.
If not, he has a toll-free Fleet Aid telephone
number to call and the dispatcher, who Is on
duty 24 hours a day seven days per week, will
direct him to the nearest of the Fleet Aid
3,000 affiliated service stations and repair
centers. The most Important part of this
emergency road service program Is that a
motorist will never be stranded, no matter
what time of day or night they need help.
Fleet Aid Corporation has been In the auto-
motive maintenance and service business for
five years handling maintenance and service
of automobiles which are leased and rented
to the public by major fleet owners. Their ac-
tivities, from Maine to Florida, from coast to
coast, has generated many fine comments for
their high quality of work and their stand-
ardization of repair costs no matter where a
vehicle breaks down.
Cordially,
iRWiN Tucker, President.
A BILL TO REDESIGNATE NOVEM-
BER 11 AS VETERANS DAY
HON. ROBERT PRICE |
OF TEXAS I
IN THE HOUSE OF REPRESENTATIVES*
Saturday, January 6, 1973
Mr. PRICE of Texas. Mr. Speaker, I
am today introducing legislation to re-
designate the 11th day of November of
each year as Veterans Day.
In 1968. the Congress changed the ob-
servance of several legal holidays, in-
cluding the designation of the fourth
Monday in October as Veterans Day, for
the purpose of pro\1ding 3 -day weekends
for our citizens. However, while this ac-
tion seems reasonable and justifiable in
the observance of such holidays as Labor
Day and Columbus Day, I believe we
have erred in applying tliis concept to
Veterans Day. Veterans Day, which was
originally known as Armistice Day,
marked the closing of World War I in
1918, and was set aside as a special day
of thanksgiving and remembrance for
the great sacrifices of our servicemen and
women during that conflict.
After World War II, Veterans Day
gained new significance as our Nation
paid new respect and honor to the mil-
lions of Americans who stopped the
tyranny which threatened to engulf the
world.
Veterans Day is not just an ordinary
holiday, an excuse to get away from it
all. Let us recall what those who have
served our Nation proudly in the Armed
Forces of the United States have con-
tributed to our lives and our freedom.
As a veteran of the Korean war myself,
I know that I share the sentiments of all
those who have served to defend our
Nation — Veterans Day is a day for paus-
ing and remembering, and I hope that
the Congress will see fit to enact my bill
which would restore the unique purpose
and observance of this day of thanks-
giving that our Nation has witlistood the
test by fire in the crucible of war.
HOUSE OF REPRESENTATIVES— rz/es(/af/, January 9, 1973
The House met at 12 o'clock noon.
The Chaplain, Rev. Edward G. Latch,
D.D., offered the following prayer:
He that would love life and see good
days, let him keep his tongue from evil
cnid his lips from speaking guile. — I
Peter 3: 10.
O God. our Father, who art the source
of all our being and the goal of our nobler
efforts, we thank Thee for this quiet
moment when facing crucial issues, and
carrying heavy responsibilities. We can
turn away from things seen, give expres-
sion to our faith in the reality of the
unseen and affirm once again — in Thee
do we put our trust.
In the secret place of the Most High
may we tap the spiritual resources which
give to us strength of character, loyalty
to hi-h ideals. Icve for our country, and
such courage that we may keep ourselves
devoted to the right as Thou dost give
us vision to see the right.
Bless our President, our Speaker, these
representatives of our people, and all the
citizens of our dear land. Let freedom
ring from .shore to shore, let justice rule,
and good will reign in the hearts of all.
In the spirit of Christ we pray. Amen.
THE JOURNAL
The SPEAKER. The Chair has ex-
amined the Journal of the last day's pro-
ceedings and amiounces to the House his
approval thereof.
Without objection, the JouiTial stands
approved.
There was no objection.
MESSAGE FROM THE SENATE
A message from the Senate by Mr.
Arrington, one of its clerks, announced
that the Senate had passed with amend-
ment in which the concurrence of the
House is requested, a joint resolution
of the House of the following title:
H.J. Res. 1. Joint resolution extending the
time within which the President may trans-
mit the budget message and the economic
report to the Congress and e.xtendlng the
time within which the Joint Economic Com-
mittee shall file its report.
MESSAGES FROM THE PRESIDENT
Sundry messages in v\riting from the
President of the United States were com-
m.unicated to the House by Mr. Leonard,
one of his secretaries.
SWE.A.RING IN OF MEMBERS-ELECT
The SPEAKER. Will any Member-elect
who has not teen sworn come to the well
of the House and take the oath of office.
Mrs. GRIFFITHS, of Michigan; Mr.
WHALEN. of Ohio: and Mr. RUPPE, of
Michigm, appeared at the bar of the
House and took the oath of office.
5(2
Adjournment over to Thurs-
day, JANUARY 11. 1973
VIr. McFALL. Mr. Speaker, I ask unan-
imous consent that when the House ad-
journs today it adjourn to meet at 12
01 lock noon on Thursday next.
The SPEAKER. Is there objection to
th ; request of the gentleman from Cali-
f o; nia
There was no objection.
I
CONGRESSIONAL RECORD— HOUSE
January 6, 1973
BI RTHDAY WISHES FOR PRESIDENT
NIXON
•
Mr. GER.\LD R. FORD asked and was
gii en permission to addrass the House for
1 ninute, to revise and extend his re-
marks.)
vir. GERALD R. FORD. Mr. Speaker.
I ;ake this opportunity to remind the
H( use that today is the birthday of Pres-
id( nt Nixon, and for myself and all of my
CO leagues I want to wish him a happy
bii thday. The President has attained
wl at, in my view, is the vigorous and
miiture milestone of 60 years, and has
sp ^^jfcjaaost of his adult life in the service
o# our country, starting with World War
II and his election in 1946 to the House
of Representatives. His birthday is just
an other working day at the White House,
and I do not believe he would want me
to make any elaborate remarks on this
GO :asion, but we do wish for our former
CO league many happy returns of the day.
VIr. Speaker, I am under instruction
f n im the 22 pupils of the first grade class
of the Oakdale Christian School in my
he metown of Grand Rapids, Mich., to de-
livsr to the President a scrapbook of
bii thday greetings and pictures which
th;y prepared as a class project. Their
teacher, Mrs. Laura Bartleson, says that
th ; project "generated so much enthusi-
as n in our classroom that our January
blues just disappeared."
Before delivering them to President
Ni <on, I found that these delightful mes-
sa ',es had the same cheering effect on me,
ar d I would like to share them with my
CO leagues in the Record. Of course, you
wi 1 miss the glorious living crayon color
of the drawings and the careful pencil-
mi .nship. but I hope the printers will
pr jserve the original spelling and punc-
tu ition.
[ also hope that the reformers among
us will ri$|t be critical of one of my young
CO :istituents who appears to have an
early instinct for politics. He enclosed
a ! 1 bill with this message:
: Yom Tom Knol. I puta doller In. I voted
foi you. I am gladd that you wan.
rhe Oakdale Christian School first
griders' messages follow:
Mr. Nixon your'e rlleey nlss. Happy Happv
Bli thday twice. Paul Ardre. I hope you rite
agcn. to are School.
: )ear Mr president Nixon
lappy Birthday
lappy Birthday Mr. President Nixon Did
yo I Have a good trip to China?
8n) Todd.
lappy Birthday presdent Nixon, when you
an havelng a picnic I hop the rain duslnt
sp.:yul It.
love TOM KNOL.
Happy Birthday happy Birthday to the
President Nixon I hope you Nevr Dly from
the wor If We evr Have one
Nicky.
Im' Bobby yff we have a dog and a cat and
hope you have a Happy Birthday Mr. Presl-
denta Nixon
Happy Birthday Mr. President Nixon. I
wish you Have a Happy Birthday
Jjove
Sally.
Happy Birthday Mr. Nixon Do you like
Birthday? How old are you? Are you going to
invite your to girls?
Love Jane.
A Birthday Is speshel even for a President.
Happy Birthday Mr. President Nixon
Love Rana.
Happy Birthday Mr. President Nixon. I
hope you have a Happy Birthday. My Name
Is Gayle. I hop you will rite me back be-
cause to Sav if Its Good.
I wish you a Happy Birthday Please rite
me back we like to get male
Todd,
Happy Birthday Mr. President Nixon I
hope they give you a day off.
Happy Birthday Mr. Presldet Nicon and
I lave you and we have a plctore In our
room of you
from Andy
Happy birthday
Mr. president Nixon we hope you will have
a good Birthday We will Pray for you
Happy Birthday Mr. President Nixon I
Hope you have a Happy Birthday I Hope
you have a Hoppy may day
Peter.
Happy Birthday Mr. president Nixon My
name Is Joel I hope that you will have a
funne bunne blrthdav
Happy Birthday Mr. president Nixon Happy
Birthday to you Dont Work on your Birth-
day I
I Brenda.
Happ Birthday Mr. President Nixon. You
are nice. I like you. Are you going to have
a cake?
Tom Myer.
Happy Birthday Mr. President Nixon to
you from Amy V. Flowers are beautiful. What
are your Birthday?
Happy Birth day Prdent Nixon I wish
vou a Happv Birth day
Sined
David Klooster.
Happy Birthday Mr. President Nixon
Loida.
THE NATIONAL HEALTH CARE
SERVICES REORGANIZATION AND
FINANCING ACT
(Mr. ULLMAN asked and was given
permission to extend his remarks at this
point in the Record and to include ex-
traneous matter. 1
Mr. ULLMAN. Mr. Speaker, I am sub-
mitting to the Congress today legislation
titled the "National Health Care Services
Reorganization and Financing Act." Its
aim is to create a better health-care sys-
tem for the Nation, and it is a new ver-
sion of a bill I originally introduced in
the 92d Congress. The basic principles
and philosophy of the bills are identi-
cal. The objectives — to reorient our sys-
tem of health delivery and to bring into
being a more equitable system of financ-
ing health services for all the popula-
tion— remain unchanged.
During the past year, the imperatives
and pressures for the enactment of such
a measure have increased. Economic
stringencies and governmental controls
over the health-care industry, however
temporary, have further revealed the
gaps and Inequities in the present sys-
tem. For the sake of the immediate fu-
ture and for generations to come, these
serious problems must not be left unat-
tended. I am personally persuaded, as a
result of nearly 2 months of hearings on
national health insurance in the Ways
and Means Committee during the last
Congress, and after months of weighing
the provisions and implications of my
own proposal, that the Congress can no
longer postpone major decisions to as-
sure the availability of health seiTices to
all persons in the United States.
I continue to regard my proposal, as
I would any legislative proposal, to be an
invitation to comment and thought, pro-
viding a direction and philosophy I firm-
ly believe to be right. I trust that it will
draw the attention and interest of the
Congress, the health industry, and the
general public. It contains an important
new concept I introduced last year, an
administrative entity known as the
health care corporation or HCC. The
HCC, as the coordinator of community
health resources, could well be a prime
technique of the new federalism that is
emerging, and represents an exciting new
concept of responsible localism. As a
member of the Advisory Commission on
Intergovernmental Relations, I have
been deeply concerned with the strength-
ening of State and local resources in the
administration of Federal programs.
In my opinion, the National Health
Care Services Reorganization and Fi-
nancing Act offers the most realistic
solution to health care delivery, regula-
tion and financing among the dozen or
so that have been proposed. It is imple-
mentable now because the structure it
defines is based on existing resources but
with the guidelines and incentives for
putting an end to the present fragmen-
tation and duplication of services, their
uneven distribution, and their lack of ac-
cessibility in many rural and urban
areas. It provides for considerable ex-
pansion of outpatient services and their
broader utilization.
None of the other proposals for na-
tional health insurance could fulfill this
potential. Either they are attempts, such
as the administration's, to resolve the
serious problems of health services in a
piecemeal fashion, or they would create
a monolithic, bureaucratic system which
in the end would be prohibitive in cost.
Most do not interweave provisions for fi-
nancing health care with incentives for
restructuring tlie delivery of services.
And some, worse still, would only per-
petuate existing inadequacies and infuse
more money into outmoded mechanisms.
As I emphasized last year, and con-
tinue to maintain, we need desperately
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
503
to pull it all together, to approach the
development of a better health system
anevv'. to resolve the problems of financ-
ing and delivery of services interrelated-
ly. If we fail to bring about tliis con-
vergence, we will fail to better serve the
public interest, and I believe that in the
long run we will have wasted human, fi-
nancial, and material resources.
I am impressed not only with mount-
ing public concern over the cost and
delivery of health services, but also with
the sincere concern of health profes-
sionals and professional organizations.
Many are striving for a more effective
health services delivery system even
though changes and controls would im-
questionably impose complications on
their activities.
The American Hospital Association
has been most helpful in the realistic
establishment of goals, concepts and
methods, and has provided technical
staff assistance in designing the total
concept of a coordinated, equitably fi-
nanced system. In recent months, that
organization conducted a series of re-
gional educational conferences for its
members in order to fully discuss the
provisions of the bill I introduced last
year and the steps that would lead to
its full implementation. Several modi-
fications in the new version of the bill
result directly from the suggestions
made at those conferences.
The new bill departs from my earlier
proposal in several other ways too. It
calls for the consolidation of the ma-
jor Federal health programs and the
incorporation of medicare and medic-
aid within a program of national health
Insurance. It also provides for a new
Department of Health, to be headed by
a Secretary for Health responsible to
the President. In addition, it includes
greater detail and necessary technical
information for changes in the financ-
ing of health services. It emphasizes the
responsibility of the individual for his
own health, but pro\ides the framework
for better health care and financing for
evei-yone.
Certain principles of the bill I am in-
troducing today deserve special men-
tion, beginning with the recognition of
health care as an inherent right of
every person. Others, without order of
priority, include the following:
Health services and the delivery sys-
tem, as well as its financing, must be
pluralistic, inclusive of both private and
public sectors of the health field, and
must be predicated on carefully designed
Federal incentives and subsidies to assist
and assure the cooperation of the various
components of the health industry;
The rights of every individual to choose
among providers of health services and
underwriters of health insurance bene-
fits must be preserved ;
The same scope of comprehensive
health benefits must be available to
all; .
Thi same high level of quality of care
must be available to all ; and
The Federal Goverrunent must assume
responsibility for the cost of health care
for first, the nonworking poor, second,
the elderly, and third, to the extent need-
ed to assure their capability to purchase
services, the working poor, but with
assurances that the program does not
create disincentives to productive em-
ployment.
Inherent in each of these principles,
whether in terms of use of health serv-
ices or payment for them, is the principle
that every individual has a responsibility
for the maintenance of his own health
and, to the extent that he is able, to
contribute to his share of the cost of care.
There are numerous corollary principles,
which I shall not describe here, such as
those relating to the dignity of the in-
dividual, and the relationship of health
and the en\irormient.
The health care corporation wliich
would be the coordinating unit of the
system at the local level would provide
a geographically based system for syn-
thesizing and coordinating local health
resources. These corporations would be
built upon the existing delivery system,
but with mandatory reorganization and
reorientation to meet local needs, under
the supervision of newly mandated State
health commissions.
HCC's would be organized in a variety
of ways, determined largely by commu-
nity needs, custom, and precedent. They
would grow out of the community, pro-
viding for citizen or consumer represen-
tation on their governing boards and be-
ing accountable to the public. It is ex-
pected that they would primarily be or-
ganized by health care providers — hos-
pitals, doctors, dentists, as well as
nursing homes and community health
organizations — working with the com-
munity to establish a more effective, co-
ordinated system.
Every HCC would have to provide,
within a State plan administered by the
State health commission and approved
by the Secretary of the Department of
Health, a comprehensive benefit program
for all persons in its service area who
wished to register. After the first 5 years
of operation, it would be required to offer
as an option to its registrants, services
on a capitation basis of payment, or so
much per person per year, a method of
payment that requires providers of serv-
ice to accept a direct responsibility for
utilization and cost of services. Among
its responsibilities, the HCC would be
charged with encouraging the develop-
ment and use of outpatient services, and
for seeing that the most appropriate serv-
ice would be provided for patients in the
most effective, least costly way.
Every employer would be required to
purchase for his employees and their
families a comprehensive level of bene-
fits as prescribed in the legislation and
within regulations issued by the Secre-
tary of Health, pacing at least 75 percent
of the premium costs. The employees
would pay a maximum of 25 percent. For
individuals and their families who reg-
istered with HCC's, the Federal Govern-
ment would contiibute 10 percent of pre-
mium costs.
Newly formed independent State
health commissions, appointed by State
Governors, would approve HCC's for op-
eration and approve charges for service.
These same commissions would develop
State health plans subject to the ap-
proval of the Secretary : control the rates
charged by health care providers and
health insurance carriers; issue certifi-
cates of need and approve health service
areas; and review and approve provider
budgets. Thus State government would
play a central role in the national pro-
gram, obviating a large bureaucratic op-
eration in Washington.
I should like to emphasize that the
legislation provides for multiple sources
of financing to assure a basic level of
health care benefits for all persons, in-
cluding catastrophic health insurance
benefits. For persons unable to pay. in
part or in full, the Federal Government
would purchase the specified level of
coverage established for all persons
through general Federal revenues, with
individual contributions scaled inversely
to income levels and family size. Health
services to the aged would continue to be
financed through a combination of the
social security tax meclianism and gen-
eral Federal revenues. Since parts A and
B of the medicare program would be
merged, premium contributions by in-
dividuals for part B would be elim-
inated. Payroll financing, tlierefore.
would be restricted approximately to its
present levels, with additional costs paid
through general Federal revenues.
In sum, tliis bTi^ would meet tlie fol-
lowing objectives upon a 5-year imple-
mentation of the national program fol-
lowing congressional enactment:
All persons, regardless of age or in-
come, would be entitled to the same
broad package of benefits;
Everyone would be insured against the
cost of catastrophic illness;
The Federal Government would pay
for the health care costs of the poor and
the elderly, and part of the costs for all
others ;
Special benefits for children up to age
12 would be provided — medical, dental,
and eye care;
Outpatient care would be emphasized
in order to relieve the burden of unneces-
sary use of costly inpatient care facili-
ties;
Through the capitation method of pay-
ment for care, incentives for keeping
costs down would be broadly introduced
at the community level ;
Health education programs, in sup-
port of the principle that the individual
has a responsibility for the maintenance
of his own health, would be available
through health care corporations in
every geographic service area ii"! the na-
tional effort to raise health levels, in-
crease knowledge about nutrition, and
bring better understanding of the man-
agement of illness in the family.
How such a national program would
affect American families is, of course, the
most important question. Any legisla-
tive proposal can itemize what its au-
thor believes needs to be done, but this
hardly assures that what is envisioned
can take place. However, I believe that
this legislation, since its objectives are
based on existing resources and on de-
velopments in the delivery of health
services already in the making, is total-
ly raalistic. Health care providers in re-
cent decades have increasingly con-
cerned themselves with how to contain
costs yet at the same time keep pace w ith
the numerous advances of medical
science and strive for an increasing vol-
504
CONGRESSIONAL RECORD— HOUSE
January 9, 1973
u-ne of services of higher quality. They
hive struggled, against steep odds, and
u ithout a coordinated national effort, to
P an sensibly so that our legacy to com-
irg generations will neither be a system
ii adequate to the needs nor one so un-
c )ordinated as to be costly beyond
bDunds.
From the public's point of view there
a so are many problems to be faced, the
foremost being the increasing cost of
health care and the inaccessibility for
n.any to needed services. The public gen-
e ally finds it anomalous that in a Nation
founded on democratic ideals and in
w hich resources are plentiful, there con-
t nue to be serious gaps in health care.
I he public seeks a stronger voice in how
h salth services should be provided. How-
e -er, it is fair to say, recognizing the lack
0 ■ a coordinated system is in large part
t(i blame, that public awareness of health
i; far le.<s than it could be and that a
s zable educational program is needed
il individuals are to avail themselves of
health services in the most timely, ef-
fective, and consequently, most economi-
cal way. We have by no means put to
use all of the health knowledge that is at
hind, nor can we claim to have prac-
t ced what we know.
To conclude, I should like to summar-
1. e a few comments that I made to the
Congress last year. First, I wish again
t(i acknowledge the complexity of my
p -oposal. but also to say that it must nec-
e isarily be so, for there is no simple solu-
tion to the Nation's health problems.
Then I would like to draw attention to
the legislation's provisions, following
e lactment. for a 5-year period for the
d nelopment of State plans, the estab-
Inhment of HCC's, and the establish-
n ent of a department of health. This
uould be a period of development and
e :perimentation with the various orga-
n zational forms of health care corpora-
tiDns. time for the combining of parts A
a id B of medicare and the incorporation
a ; the Federal level of medicaid.
The legislation I propose would coor-
d nate our health services in a way that
w Duld bring improved health care for all.
Its aim. immediate as well as long range,
is the containment of health care costs
a Id the removal of the real possibility
that a family's resources can be totally
d ;pleted as a result of the cost of serious
il ness.
I believe that this bill is the most flex-
it le of all of the major health proposals
that you will be considering during this
s( ssion. I trust that its flexibility will at-
tiact your interest and support, and,
a )ove all, your participation in its devel-
o )ment.
The following is a section-by-sectlon
a lalysis of the bill :
Section-by-Section Analysis
To establish a new program of health care
d( livery and comprehensive health care bene-
fiis (Including catastrophic coverage) to be
a\ allable to aged persons and to the em-
ployed, the unemployed, and low Income in-
dividuals at a cost related to their Income.
Be it enactecjj^y the Senate and Hotise of
Representatives of the United States of
A nerica In Congress assembled, that this Act
divided into titles, parts, and sections, may
b( cited as the "National Health Care Serv"-
Ic !s Reorganization and Financing Act."
Findings and Declaration of Purpose
Section 2(a) states that in recognizing
health care as an Inherent right of each in-
dividual and of all the people of the United
States, and that in fulfilling this right each
individual shares the responsibility for pro-
tecting his or her health and for obtaining
care when required, Congress declares that
healtb services must be so organized and fi-
nanced as to make them readily available to
all, without regard to race, creed, color, sex, or
age, and without regard to any person's abil-
ity to pay; that health services must enhance
the dignity of the individual and promote
better community life; and that it is a func-
tion of government to see that these ends are
attained.
(bi calls for reorganization of the methods
of delivery, and methods of financing health
services, these purposes to be accomplished
through a nationwide system of independent
Health Care Corporations embodying specific
principles:
( 1 ) each corporation must provide through
Its own resources, or through affiliations with
qualified institutional and professional pro-
viders, five levels of comprehensive health
care; health maintenance services, and pri-
mary, specialty, restorative and health-re-
lated custodial care;
(2) through a system of independent cor-
porations, every individual would be pro-
vided an opportunity to register and. where
possible, to have a choice of Health Cars
Corporations:
( 3 ) Health Care Corporations should be lo-
cally established and operated, but subject
to State regulation and to national stand-
ards of quality and scope of services.
This section also states that with Federal
financial assistance in developing corpora-
tions and needed outpatient facilities, the
system can become operative within five years
after the enactment of legislation.
(C) states that in addition to its responsi-
bilities cited above, the Federal government
should Include financial assistance to the
public in obtaining the services of corpora-
tions, in accordance with these principles:
( 1 ) the Federal government should require
all employers to participate in the purchase
of Comprehensive Health Care Benefits for
their employees;
( 2 1 the Federal government should pur-
chase or subsidize health Insurance for tho.se
unable to pay. or unable to pay in full;
(3) social insurance should continue to
finance health care for the aged;
(4) to encourage participation by Indi-
viduals In new health delivery and benefit
programs, the Federal government should
bear a part of the cost of services.
(d) provides that:
(1) In the fifth year following enactment,
every person residing In the United States
will be eligible to participate in the program;
(2) every individual will be entitled to the
services established in the Act If he has reg-
istered with a Health Care Corporation and
has obtained health benefit coverage from a
qualified Insurance carrier, or has had It pro-
vided on the basis of his income or age:
(3) coverage will be provided without cost
to persons In the lowest Income bracket and
at reduced cost to persons In higher Income
brackets specified in this Act; and
(4 1 coverage will be provided through so-
cial insurance to those 65 and over.
DEFINITIONS
Section 3 defines the term "Comprehen-
sive Health Care Benefits" as the benefits de-
scribed in Title II part B; the term "State"
as Including the District of Columbia and
Puerto Rico; the term "United States" (when
used In a geographic sense) as meaning the
50 States, the District of Columbia, and
Puerto Rico; the term "Governor" as In-
cluding the Commissioner of the District of
Columbia; and the term "Secretary" as the
Secretary of Health.
TITLE I— REORGANIZATION OP NATIONAIj
HEALTH SERVICES
SHORT TITLE
Section 100. Title I may be cited as the
"National Health Services Reorganization
Act."
Part A — Federal Administration
ESTABLISHMENT OF DEPARTMENT OF HEALTH
Section 101 la) establishes a new executive
department to be known as the Department
of Health hereafter referred to as the De-
partment. Also provides for the appoint-
ment of a Secretary of Health, with the
advise and consent of the Senate.
(b) establishes the position of Under Sec-
retary to be appointed by the President with
the advise and consent of the Senate.
(c) establishes seven Assistant Secretaries
and a General Counsel, appointed by the
President with the advise and consent of the
Senate.
(d) establishes a Chief Medical Officer, ap-
pointed by the President with the advise
and consent of the Senate. This appointment
shall be without regard to political affllla-
tion, and the term of appointment shall be
for six years.
TRANSFERS TO SECRETARY AND CHIEF MEDICAL
OFFICER
Section 102. (a) Except as provided In sub-
section (b), there are transferred to the Sec-
retary all functions of the Secretary of
Health. Education, and Welfare under the
following laws and provisions of law:
(1) The Public Health Service Act.
(2) The PamUy Planning Services and
Population Research Act of 1970.
(3) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment, and Re-
habilitation Act of 1970.
(4) Section 232 of the National Housing
Act (relating to mortgage insurance for nurs-
ing homes) .
(5) Title XI of the National Housing Act
(relating to mortgage Insurance for group
practice facilities).
(6) The Mental Retardation Facilities and
Community Mental Health Centers Construc-
tion Act of 1963.
(7) Section 4 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970.
(8) The Controlled Substances Act.
(9) The Act of August 5, 1954 (42 U.S.C.
2001-2004a) (relating to hospital and other
health facilities for Indians).
( 10) The Act of August 16, 1957 (42 (U.S.C.
2005-20O5f ) (relating to community hospitals
for Indians) .
(11) Chapter 175 of title 28 of the United
States Code (relating to clvU commitment
and rehabilitation of narcotic addicts).
(12) Chapter 314 of title 18 of the United
States Code (relating to sentencing of nar-
cotic addicts to commitment for treatmenfTl
(13) Title III of the Narcotic Addicts |le-l
habllltatlon Act of 1966 (relating to civil
commitment of persons not charged with any
criminal offense) and section 602 of such Act.
(14) The Federal Cigarette Labeling and
Advertising Act.
(15) The Federal Food, Drug, and Cosmetic
Act.
(16) The Federal Hazardous Substances
Act.
(17) The Poison Prevention Packaging Act
of 1970.
(18) The Fair Packaging and Labeling Act.
(19) The Act of March 2, 1897 (21 U.S.C.
41-50) (relating to tea Importation).
(20) The Act of March 4, 1923 (21 U.S.C.
61-64) (relating to filled milk).
(21) The Act of February 15, 1927 (21
U.S.C. 141-149) (relating to Importation of
milk).
(22) The Federal Caustic Poison Act.
(23) The Flammable Fabrics Act.
(24) The Federal Coal Mine Health and
Safety Act of 1969 (other than title IV
thereof) ,
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
505
(25) The District of Columbia Medical Fa-
cilities Construction Act of 1968.
(26) The Occupational Safety and Health
Act of 1970.
(271 The Lead-Based Paint Poisoning Pre-
vention Act.
(28) Titles XVIII, XIX, II, and V of the
Social Security Act insofar as such titles re-
late to the provision of health care services.
(29) The District of Columbia Medical and
Dental Manpower Act of 1970.
(30) The Drug Abuse Office and Treatment
Act of 1972.
ib) The functions of the Secretary of
Health. Education, and Welfare respecting
(1 ) the commissioned Regular Corps and Re-
serve Corps of the Public Health Service, (2)
the administration of section 329 of the
Public Health Service Act (relating to assign-
ment of health personnel of the Public
Health Sen' ice to critical need areas), and
i3) the administration and operation of
health care delivery facilities of the Public
Health Service shall be exercised by the Chief
Medical Officer under the supervision and
direction of the Secretary of Health.
(c) Within 180 days, the President may
transfer to the Secretary any other function
If the Office of Management and Budget
determines such functions relate to the above
functions, or otherwise relates to health.
REDESIGNATION OF DEPARTMENT OF HEALTH,
EDUCATION. AND WELFARE
Section 103. (a) States that the Depart-
ment. Secretary, Undersecretary, Assistant
Secretaries. General Counsel, and Assistant
Secretary for Administration of HEW, shall
respectively be designated as Education and
Welfare.
(b) Changes all references to Department
of Health. Education, and Welfare In law,
regulation, document, or other record shall
be re-designated accordingly.
ADMINISTRATIVE PROVISIONS
Section 104. (a) The Secretary Is author-
ized subject to title 5, U.S.C, to appoint such
personnel as are necessary to carry out the
functions of the Department of Health;
(b) Authorized by Section 3109 of title 5,
U.S.C, to obtain services of Individuals;
(c) Authorized to delegate and re-delegate
functions;
(d) Authorizes OMB to transfer positions,
property and authority;
(e) Personnel transferred under subsec-
tion (d) shall be without reduction In
classification or compensation for 1 year;
(f) Provides that when all functions of
any office or agency are transferred, such
functions will lapse;
ig) Authorizes capital working fund for
appropriations for operations of Department;
(h) Authorizes seal of office by Secretary;
Ii) Authorizes any additional medical
services, food surplus, mess facilities, motion
picture supplies for recreation or training,
a-id living quarters and facilities for remote
postings.
' J ) Authorizes Secretary to accept and hold
gifts for facilitating work of Department;
ik) Authorizes Secretary to appoint such
advisory committees as may be appropriate;
(1) Establishes contracting and publica-
tion authority for the Secretary.
ANNUAL REPORT
Section 105. Directs the Secretary to sub-
mit an annual report to the President for
submissio.-^. to Congress.
SAVINGS PROVISIONS
Section 106. Stipulates that all existing
contracts, etc. prior to transfer of functions
shall continue in effect.
CODIFICATION
Section 107. Directs Secretary to submit to
Congress within 2 years a proposed codifica-
tion of all laws which contain functions
transferred to the Secretary.
DEFINITION
Section 108. Defines function as including
power and duty.
CONFORMING AMENDMENTS
Section 109. Changes all code references to
HEW and inserts appropriate references to
Department of Health.
EFFECTIVE DATE: INITIAL APPOINTMENT OF
OFFICERS
Section 110. Sets minimum of 90 days after
enactment for effective date.
Part B — Federal Administration of Health
Care Programs
functions and responsibilites of the
secretary
Section 111 (a) charges the Secretary with
responsibility for the planning, administra-
tion, operation, coordination, and evaluation
of all health care programs under this Act.
(b) specifically charges the Secretary with
responsibility for —
1 1 ) continuous review of the activities of
State Health Commissions;
(2 1 liaison with all Federal agencies ad-
ministering health or health-related pro-
grams, and with private national accrediting
and other agencies concerned with standards
of care and qualifications of health person-
nel, including the approval and listing of
certifying bodies;
(3) responsibility for annual reports, to be
trar.smitted through the Secretary of HEW
to the President, first to evaluate'the prog-
ress of State plans and the develbpment of
Health Care Corporations, and thereafter, to
evalaute the national program, including
recommendations for legislation, if any;
(4) dissemination to State governments,
providers of service, and the public, of all
pertinent information about the national
program; and to State governments, pro-
viders of service, and potential sponsors of
Health Care Corporations, information con-
cerning; the organization and responsibilities
of such corporations.
regulations of the SECRETARY
Section 112(a) authorizes the Secretary of
Health to prescribe all further regtilatlons
that it considers necessarv to Implement this
Act.
(b) further authorizes the Secretary to
prescribe by regulation —
(1) uniform systems of accounting for
Health Care Corporations;
(2) the method(s) to be used In deter-
mlnmg the financial requirements of Institu-
tional health care providers. Including op-
erating and capital requirements, and for
non-lnstltutlonal providers, all reasonable
fees, salaries, or other compensation for
services;
(3) standards of quality and safety, such
standards to require as a minimum that hos-
pitals, extended care facilities, and home
health agencies meet the applicable require-
ments contained In title XVIII of the Social
Security Act, and that nursing homes meet
such requirements as the Secretary finds
appropriate;
(4) standards relating to the qualifications
and use of paramedical personnel as assist-
ants to physicians and dentists; and
(5) standards for the determination of
qualified carriers under Section 232.
NATIONAL HEALTH SERVICES ADVISORY COUNCIL
Section 113(a) establishes a National
Health Services Advisory Council, whose
Chairman shall be the Secretary of Health.
with 20 other members to be appointed by
the Secretary.
Members of the Council shall Include rep-
resentatives of health care providers; not less
than half of the members shall be repre-
sentatives of consumers of health care serv-
ices. Members are to be appointed for four-
year staggered terms, with Ave members ap-
pointed each year.
Council members representing provider*
shall be outstanding In fields related to med-
ical, hospital, and health activities, or be
representatives of organizations of profes-
sional health personnel. Consumer repre-
sentatives shall not be engaged In or have
financial Interest in furnishing health serv-
ices and shall be persons knowledgeable about
health needs and the problems of providing
health services.
(b) authorizes the Advisory Council to ap-
point professional or technical committees;
and states that the Council. Its members, and
Its committees may hire staff as authorized
by the Secretary. The CouncU shall meet
not less than four times each year and as
often as the Secretary deems necessary.
(c) charges the Council with:
( 1 ) advising the Secretary on general pol-
icy, and
(2) studying the activities of State Health
Commissions, and Health Care Corporations,
and other health care providers in order to
recommend changes to the Secretary. The
CouncU shall make an annual report to the
Secretary which shall be transmitted to
Congress with a report by the Secretan,' on
any administrative recommendations of the
Council that have not been followed. The
Secretary shall report to Congress his views
of the Council's recommendations for leels-
latlon. ^
(d) provides tliat the Council's members
and members of its committees shall be com-
pensated for their work at rates fixed by
the Secretary but not more than the dally
rate for grade GS-18 of the General Sched-
ule; and that they will be reimbursed for
travel expenses.
STUDIES OF DELIVERY AND FINANCING OF
HEALTH CARE
Section 114(a) requires the Secretary of
Health to make a continuing study of the
operations under this title, Including all of
the aspects of services of health care provid-
ers, the effectiveness of supervision by State
Health Commissions, and the financing of
services through insurance. The Secretary
further authorized to study alternative
methods of furnishing and financing health
care services, and methods of Improving the
delivery of health services.
(b) authorizes the Secretary to conduct
the functions under this section through
contract and to make grants to public or
other nonprofit agencies for this purpose.
(c) requires the Secretary to publish the
results of Its studies from time to time.
trriLIZATION OF STATE AGENCIES
Section 115(a) authorizes and encourages
HEW to make arrangements with State
Health Commissions which will enable the
commissions:
(1) to contract, as agent and In the name
of the Department of Health, with the health
Insurance carriers approved by the Secretary;
and
(2) to perform other functlona that the
Secretary may deem appropriate.
(b) requires the Department to pay State
Health Commissions for their administrative
costs pursuant to the arrangements above.
FEDERAL FINANCING RESPONSIBILITIES FOR
HEALTH SERVICES
Section 116(a) amends (effective January
1 or July 1, whichever comes first, at least
6 months after the date of enactment of this
Act) the Social Security Act to:
(1) make available to all persons eligible
for Part A of Title XVIII also eligible for
Part B of that Title, and to finance Part B
contributions through appropriations from
general Federal revenue.
(2) provide for annual appropriations by
the Federal government for health Insurance
benefits that are equal to Title XVIII benefits
(with no obligations for copayments or de-
ductibles) for all those eligible under Income
class 1 as defined In Section 203 (a)(1).
(3) provides that no premium or similar
516
6^
CONGRESSIONAL RECORD — HOUSE
January 9, 1973
an lount shall be payable by any Individual
eligible for benefits under (1) and (2) above.
1 b ) provides that effective on the first day
of the third full fiscal year that begins after
this Act Is enacted, the Federal government
win make annual appropriations In behalf
of the program outlined in Title II to meet
th 3 following estimated cost for the fiscal
ye ir :
( 1 ) expansion of Title XVin benefits to In-
cli ide Section 225 Catastrophic Expense Bene-
fit 3 for the Aged;
(2) prepaid coverage equivalent to Title
X ail benefits and Section 225 Catastrophic
E>pense Benefits for persons under 65 who
ar i low Income persons or members of low in-
come families and the net cost, after deduct-
in ; the contribution required of them of this
CO .-erage for persons who are under 65 who
ar ; medically Indigent or members of
m sdlcally indigent families; and
(3) the cost of providing a 10 per cent
premium subsidy for those Individuals in
In:ome Class 5 under Section 202(c) who
re ;lster with Health Care Corporations also
pravided are appropriations for additional
CO 5ts incurred under this subsection.
(c) provides that eff'ective on the first day
of the fifth fiscal year that begins after the
ca endar year In which this act is enacted.
the Federal government will make annual
appropriations in behalf of the program out-
lii ed In Title II. to meet the following estl-
m ited costs for the fiscal year:
( 1 ) prepaid coverage for Comprehensive
H(alth Care Benefits for persons under 65
w! lo are low-income persons or m&mbers of
lo v-lncome families;
(2) the net cost, after deducting the con-
tr butlon required of them, of such coverage
to ■ persons under 65 who are medically in-
dl ;ent or members of medically indigent
fa miles:
(3) the net cost, after deducting the con-
tr butlon from the Title XVIII Part A trust
i\, nd, of such coverage for aged persons; and
th i added cost of those 65 and over who
ai » either low-Income persons or members of
lov-income families, or are medically In-
digent persons or members of medically In-
digent families;
( 4 ) the cost of providing a 10 per cent pre-
m um subsidy for those Individuals in In-
cctne Clas? 5 (as defined in Section 202(c))
w lo register with Health Care Corporations;
(5) the cost of establishing or maintain-
ing a reser\'e of 5 per cent of the foregoing
cc 5ts; and
(6) the cost of administration Incurred by
HSW In providing the coverages In (1), (2),
aid 13).
(d) states that the Secretary shall estl-
mite the costs of (ai and (b) and make re-
quests to Congress for necessary annual ap-
pi oprlatlons.
CONTRACTTJJC ADTHORTrT OF THE SECRETARY
Section 117(3) (1) states that the Secre-
tary shall provide prepaid coverage, through
cc ntracts with carriers for the benefits to
w ilch individuals and their families (I.e.,
tlie aged, the low-Income, and the medically
Indigent) ere entitled under Section 203.
(2) permits the Secretary to establish qual-
If 'Ing stahdards for carriers In addition to
tt ose set forth In this part of the Act.
(b) (1) bermlts the Secretary to negotiate
aid enter'lnto (A) contracts with a carrier
oi carriers to provide Comprehensive Health
C( re Benefits for all Individuals In the above-
msntloned categories; (B) contracts with
q- lallfied oarrlers which have underwritten a
p) epayment plan for a Health Care Corpora-
tl )n operating wholly or primarily on a pre-
d< termineti capitation charge basis; and (C)
direct contracts with Health Care Corpora-
tl )ns under Section 235 If the corporations
o] rerate on a predetermined capitation charge
bisls and as such qualify as carriers.
(2) peijmlts the Secretary to authorize
SI ate Health Commissions to act as his agents
Ir contracting with carriers described In { 1 ) .
(3) exempts contracts under this part from
any provision of law requiring competitive
bidding and from such other requirements of
law as the Secretary may waive. It requires
the Secretary, however, to communicate to
all qualified carriers a description of the cov-
erage he desires, the requirements and provi-
sions of this title and regulations, and to
invite these carriers to submit proposals. The
paragraph lists some of the factors which the
Secretary is to consider In negotiating con-
tracts, such as the carriers' experience with
group health Insurance or prepayment plan
coverage. It further provides that the Secre-
tary may require the contracting carrier to
reinsure with other carriers, and states that
he shall enter into a contract with a com-
bination of carriers only If this does not re-
sult In high premium rates and only if It best
serves the purposes of this title. The term
"combination of carriers" Is defined.
FEDERAL RESPONSIBn,rrY FOR DEVELOPMENTAL
^ GRANTS
Section 118(a) states It to be a responsi-
bility Of the Secretary to promote and assist
the establishment, is soon as practicable, of
the system of comprehensive health care de-
livery contemplated by this title, this to be
accomplished through a variety of means of
financial and technical assistance In the
planning and development of Health Care
Corporations, Including the provision of In-
centives for use of the capitation method of
payment for health care and the develop-
ment and Improvement of outpatient care
renters, particularly In poverty and rural
areas.
(b) authorizes the Secretary to recommend
necessary appropriations for each fiscal year
to carry out this responsibility.
AUTHORIZATION OF DEVELOPMENTAL FINANCIAL
ASSISTANCE
Section 119(a) authorizes the Secretary to:
(1) make grants for planning, organizing,
developing, and establishing Health Care
Corporations, Including their affiliation
agreements with providers of health care;
%, (2) enter Into contracts to pay all or part
of the operating deficits of these corporations
during their establishment or expansion;
(3) make grants to such corporations or
their affiliated public or nonprofit providers
for the Initial operation of new outpatient
care centers or new or expanded services In
outpatient care centers; and
(4) make grants for major health main-
tenance, diagnostic, or therapeutic equip-
ment, data processing systems or equipment,
or central service equipment, needed for the
Initial operation of Health Care Corporations.
(b)(1) requires the Secretary, in making
the above grants and/or contracts, to take
Into consideration existing health care re-
sources and systems, and relative needs of
States and areas within States; and requires
the Secretary to make equitable distribution
of svich assistance.
( 2 ) states that not more than 15 percent of
the appropriations made for such grants or
contracts may be spent In any one State.
(3) states that In awarding such contracts
during the first five years for which funds
have been appropriated, the Secretary shall
give priority to corporations that (a) op-
erate primarily on predetermined capitation
charges, or (b) are In the process of convert-
ing primarily to that basis, or (c) agree to
operate on or convert to primarily that basis
If awarded such a contract. After the 5-year
period, the Secretary may award contracts
only to such corporations.
(4) (a) states that a grant or contract shall
not be awarded when there is a State plan ap-
proved under this part of the Act, unless
the State Health Commission has recom-
mended approval of the application and has
certified :
(1) in the case of start-up funds for a
Health Care Corporation, that such a cor-
poration is needed In the area involved, con-
sonant with the State plan;
(2) in instances of a contract to meet for
a reasonable period operating deficits of a
Health Care Corporation, that the corpora-
tion applicant satisfies the definition of a
Health Care Corporation and has been, or
upon approval of the contract by the Secre-
tary will be, approved by the commission;
(3) in the case of grants for the initial
operation or equipping of outpatient care
centers or for the expansion of such cen-
ters, or for major equipment, that the cor-
poration satisfies the requirements referred
to in paragraph (2) above, and that the out-
patient care center or major equipment in-
volved is needed for the effective discharge
of the functions of the respective Health Care
Corporation under the State plan,
(c) declares that In a state In which there
is not yet an approved State plan but in
which a State Health Commission and a
State Advisory Council have been established,
the Secretary shall not make a grant or con-
tract under the foregoing sections unless the
commission, the State planning agency, if
any, and the appropriate areawide health
planning agency (if it Is different from the
State planning agency) have had an oppor-
tunity to review and comment on the ap-
plication. This paragraph also defines "ap-
propriate areawide health planning agency"
as that agency referred to in Section 314(b)
of the Public Health Service Act or, if there
is no such agency, another public or non-
profit private agency or organization (if any)
performing similar functions.
GRANTS FOR STATE PLANS
Section 120(a) authorizes the Secretary
to make grants to State Health Commissions
for all or part of the cost of developing State
plans, including the expenses of State Ad-
visory Councils, and the cost of dissemina-
tion of Information about the proposed plan,
and of public hearings.
(b) authorizes appropriations for grants
i;nder this section for each fiscal year in
the period beginning with the fiscal year
of enactment and ending with the close of
the 3rd full fiscal year.
(c) requires the Secretary to pay to each
State with an approved plan a percentage of
the expenditures for the administration of
the plan, beginning with 90 per cent during
fiscal years ending before the effective date
of the benefit program of this Act (Section
201 and 202), and diminishing to 85 per
cent during the next two fiscal years and to
75 per cent thereafter. With respect to Fed-
eral functions as agent of the Secretary (see
Section 124(b) (10)) the Federal percentage
is fixed at 100.
FINANCIAL ASSISTANCE UNDER OTHER PROGR.\MS
Section 121(a) (1) states that the Secretary
shall, to the optimum extent, use other pro-
grams of financial assistance In the field of
health care to promote the purposes of this
Act.
(2) authorizes the Secretary, notwith-
standing any other provision of law, to give
highest priority to the needs of Health Care
Corporations In the administration of such
other programs, particularly in urban or
rural poverty areas.
(b)(1) requires the Secretary to develop
and disseminate Informational materials
about the availability of assistance under
this part of the Act.
(2) states that the Secretary, on request,
may provide advice, counsel, and technical
assistance to Health Care Corporations and
others named In this part In preparing appli-
cations and meeting requirements for grants
and contracts.
PENALTIES FOR FRAUD
Section 122(a) provides for any Individ-
ual, provider of health care, carrier or other
person who knowingly or willingly makes or
causes to be made any false statement or
representation of a material fact In the ap-
plication of any benefit or any grant or other
payment under this Act or makes false state-
January 9, 1973
CONGRESSIONAL RECORD— HOUSE
507
meuts or falls to disclose or who willingly
converts such benefit or payment to any
other use or purpose shall be guilty of a mis-
demeanor and upon conviction thereof shall
be fined not more than 810,000 or imprisoned
for not more than one year or both.
(b) provides a similar penalty for any pro-
vider of health care or other person who fur-
nishes items or services to an Individual for
which payment is made under this Act for a
kick-back or bribe or furnishing of such serv-
ices or a rebate of any fee or charge.
(c) provides a $2,000 fine or Imprisonment
for not more than 6 months or both for false
statements or misrepresentations of a mate-
rial fact with respect to the conditions or
operation of any organization. Institution, or
facility in order that it may qualify as a
carrier or provider of health care for pur-
poses of this Act.
Part C — State Functions
General conditions of State participation
Section 131 requires that In order for Its
residents to participate In the provision of
Comprehensive Health Care Benefits that are
financed or assisted by Federal funds, a State
(1) must accept the provisions of this title
and establish a newly-constituted and In-
dependent agency to carry out its provisions,
this agency to be headed by a governing body
to be known as the State Health Commis-
sion; (2) must establish a State Advisory
Council; and (3) must have the Secretary's
approval of a State plan submitted by the
State Health Commission under section 124
for carrying out the State's responsibilities.
(See also sec. 129, Federal Exercise of State
Functions in Cases of Noncompliance by
States.)
State health commissions
Section 132(a) establishes the following
requirements, among others, for State Health
Commissions: a membership of three or five
commissioners (depending upon the State
law establishing the commission) appointed
by the governor, for staggered terms (re-
newable) of six years. Not more than two
members of a three-member commission, nor
more than three members of a five-member
commission, shall be members of the same
political party. The governor shall designate
one of the members as chairman.
(b) lists the principal qualifications of
and requirements for State health commis-
sioners. It provides that commissioners
should be chosen not primarily for their
experience in health affairs, but for their
ability to bring effective and objective policy
direction to the commission's affairs, and it
requires that (1) health professionals shall
not constitute a majority of the membership
of a State Commission; (2) commissioners
shall sen^e full-time and not be engaged in
any other business; (3) the chairman and
the commissioners shall be salaried at levels
comparable to those of heads of State execu-
tive departments; (4) commissioners may
be subject to removal only for causes listed
In this section; and (5) commissioners (and
other officers or employees of the commis-
sion) may not hold any official or con-
tractual relation with, or liave any pecuniary
interest in, any Health Care Corporation or
provider of health care under the regulator^'
Jurisdiction of the State Health Commission.
This regulation Is not to bar persons having
such a relation or Interest from serving as
members of the State Advlsorj- Council.
State Advisory Council
Sec. 133 states that members of the State
Advisory Council shall consist of (1) persons
broadly representative of providers of health
care in the State, including but not limited
to representatives of Health Care Corpora-
tions, other nongovernmental and public
organizations, and representatives of schools
and Instltutloi's concerned with education or
training of persons in the health profes-
sions and ancillary occupations, and (2) not
less than an equal number of persons repre-
sentative of consumers of health care who
are neither providers nor have a financial
Interest in providing care, are familiar with
the State's health care needs, and have
knowledge of the problems of providing
health care.
State health care plana
Sec. 134(a) states the requirements for
State plans: (1) conformity with subsection
(b) below; (2) submission of the plan In
detail to the Secretary by the State Health
Commission; (3) preparation of the plan
In consultation with the State Advisory
Council; and (4) In the case of submission
of the Initial plan to the Secretary, or of
a submission for annual renewal of the Sec-
retary's approval after major revision of the
plan, prior reasonable opportunity to the
public to express its views of the plan.
(b) Itemizes the State plan requirements,
Including the following:
(1) designation of the State Health Com-
mission as sole administrative agency for the
plan;
(2) evidence of the Commission's author-
ity to carry out the plan;
(3) provision for adequate consultation
with the State Advisory Council;
(4) statement of qualifications for per-
sonnel responsible for administration of the
plan;
(5) provision of methods for efficient ad-
ministration. Including personnel merit sys-
tem standards consistent with those of the
Civil Service Commission (but the Secre-
tary shall have no authority with respect
to the selection, tenure, and salary of in-
dividuals If employed In accordance with the
merit system methods); and provision for
utilization of qualified professional medical
personnel and other professional personnel;
(6) provision for the designation of pre-
ferred service areas by applicant Health Care
Corporations (in keeping with section 135);
approval for each such area of one or more
Health Care Corporations (in accordance
with section 126) ; and inclusion of a program
for the completion of these initial designa-
tions and approvals (including creation of
governmental corporations if necessary to
carry out the policy of this Act to provide
every individual with an opportunity to
register and, when possible, to have a choice
of Health Care Corporations) as well as
registration of eligible Indivldiials with ap-
proved Health Care Corporations, not later
than the end of the fourth fiscal year that
begins after the calendar year In which the
bill Is enacted;
(7) provision for State arrangements to
assure group coverage for Comprehensive
Health Care Benefits at reasonable rates, for
themselves or their employees, to all residents
not entitled to HEW-purchased coverage, and
for effective enforcement of these arrange-
ments (subject to review by the Secretary
with respect to enforcement of Federal regu-
lations ) ; and provision for regulation of the
premium rates of carriers (except under con-
tracts negotiated directly by the Secretary)
by the State Health Commission or one to
which It delegates that function or alterna-
tively, by the State's Insurance department;
provision for other regulation and supervi-
sion of the carriers by the State Health Com-
mission (including, for Comprehensive
Health Care Benefits, a required standard
provision for temporary continuation of cov-
erage for the family in the event of the pri-
mary Insured's death); and provision for
hearings, before the Commission, on claims
of Health Care Corporations against carriers,
and for adjudicating such claims;
(8) provision for optimum use or adapta-
tion of various Federally-aided programs
developed for the State and at regional and
local levels with respect to comprehensive
health planning;
(9) provision that when requested by the
Secretary the State Health Commission will.
In behalf of the Secretary, contact with
qualified carriers for CHCB coverage (other
than coverage negotiated and contracted di-
rectly by the Secretary) required to be fi-
nanced by Federal purchase; act as fiscal
agent of the Secretary In transactions with
carriers;
furnish to the Secretary all Informa-
tion necessary for prospective estimates of
government appropriations for implementa-
tion of this Act; and review and make rec-
ommendations with respect to applications
for grants under Part A of this title or for
other Federal aid administered by the
Secretary;
(10) Inclusion of a program whereby the
State can cooperate with HEW In a nation-
wide system for the collection of health data;
(11) protection of Individual registrants or
applicants for registration through safe-
guards on the use or disclosure of Identify-
ing Information collected under paragraph
(10) above;
(12) evaluation, at least annually, of the
effectiveness of the activities of the State
Health Commission, of Health Care Corpora-
tions, and other health care providers;
(13) provision that the Commission will
make reports of such evaluations of effec-
tiveness, as well as such other reports as
the Secretary may require; and
(14) provision that the Commission will
review the State plan at least annually and
submit modifications to the Secretary.
(c) requires the Secretary to approve a
State plan meeting the above-stated re-
quirements, except that the Secretary is di-
rected not to approve a State plan If the plan
or other State law, or the practice of a State
licensure or regulatory authority —
(1) prevents or liCults Health Care Corpo-
rations from providing services to registrants
through the employment of licensed medi-
cal or other health care practitioners by the
corporation or other nonprofit providers; or
through group practice or other arrange-
ments;
(2) deprives any Health Care Corporation
of Its rights to designate Its preferred serv-
ice area and of Its right of appeal for change
in such service area, in accordance with the
provisions of this Act; ,
(3) disqualifies a physician from serving on
the governing board of a Health Care Cor-
poration or of an institutional provider
thereof;
(4) prevents health care practitioners from
employing or arranging with assistants un-
der their supervision o perform health care
functions for which they are trained; and
(5) prevents or limits carriers from offer-
ing coverage of health care provided in ac-
cordance with (1), (2), (3), or (4) above, un-
less the Secretary finds that the State pro-
hibition or restriction is consistent with the
purposes of this title.
(d) stipulates that, with certain mlncr^x-
ceptions, the approval of a State plan ahtiU
be for one calen(iar or one fiscal year, whtch-
ever the Secretary determines.
Designation of health care areas
Section 135(a) requires each State Health
Commission to make a study and survey
with a view to approval of service areas for
applicant Health Care Corporations and es-
tablishes criteria to be considered for that
purpose. Including the following: sl« and
distribution of population, and patterns of
illness among population groups In various
parts of the State; fxistlng, health care re-
sources, their potential for sponsoring or
participating in Health Care Corporations,
and their distribution In relation to need for
health care; local governmental structures;
transportation; patterns of organization for
the delivery of care and patterns of use; and
requires the Commission, in that connection
to set a date for Initial applications of Health
Care Corporations Indicating their preferred
service areas (or statements of Intention by
proposed sponsors of such corporations) to
assist the Commission In Its studv.
app
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CONGRESSIONAL RECORD — HOUSE
January 9, 1973
b) requires, in addition to la). that the
Ccknmlsslon consult representatives of the
ge leral public; of public and private health
ca e institutions or their organizations; or
mi dlcal and other health care profession (In-
clildlngjipresentatlves of group practice) : of
roprifte State and local government
nctes: where appropriate, of State Health
_ lons In adjoining Statr-,: and other
Interested groups and individuals.
c) (l»<obUgates the Commission to pub-
as part of the State plan. Its survey
ings krtd the designation of service areas
Health Care Corporations. The Commls-
is required to conduct public hearings
its proposal and thereupon to issue initial
designations,
2) states that the Commission may, in
o3peratio|; with another State, designate
ntly a service area or areas that include
of both States.
di perinits subsequent amendment of a
Ignatedi service area under subsection (c)
1 her on the Commission's own Initiative
on petition of Health Care Corporations
other concerned parties, but requires that
fi4al action on the amendment may be taken
ly after reasonable notice and opportunity
fo|- a fair hearing.
Regulatory functions of State health
I comrnissions
Sec. 136(ai requires that a State plan
sliall. in addition to requirements above —
1 1 ) stimulate the organization of Health
! re Corporations through every means
liable and provide for cooperative ar-
rangements with other State commissions in
ntly or reciprocally approving corporations
serve Joint or adjoining service areas;
(2) provide for authorizing the Incorpora-
n (or admission Into the State from an-
other State) of Health Care Corporations,
;her through the Commission or other ap-
pioprlate state agency:
(3) provide for the evaluation of the ap-
plication of any corporation for approval to
op erate as a Health Care Corporation in a
ice area or areas approved by the Com-
iri accordance with Section 125. and
scribes the procedure for granting ap-
val and •issuing a certificate of approval
the setvice area or areas involved:
(4) provide that In areas. In whole or In
. where more than one Health Care Cor-
poration Has been approved the Commission
y. if neicessary. restrict the number of in-
iduals to be registered by each corpora-
)n. residents to be accepted for registration
thin thkt number on a flrst-applied-first-
ac cepted l)asis:
(5) limit the charges of approved Health
Cofporatlons and other licensed pro-
vljiers to (Charges and rates prospectively ap-
ved by the Commission: and require that
vices ere not duplicative or excessive, that
for physicians' service (such as ra-
dfcloglsts and pathologists) which are gen-
eitlly available to all inpatients of an Instl-
tion. be included as part of institutional
vice charges and not as separate physl-
cbarges (regardless of the method of
plyment to the physician), the purpose be-
Ir g to require no additional copayment from
tl e patient for such services; require that
tl e budgets of Health Care Corporations, and
01 her institutional providers be prepared as
p: escribed by the Secretary: and provide that
al 1 providers are entitled to a fair hearing if
It Is dissatisfied with a decision of the Com-
njlsslon with respect to Its charges;
(6) provide for effective enforcement, by
Commission, of the responsibility of
Care Corporations and other licensed
ovlders as defined In this Act, assuring that
h respect to Health Care Corporations
tleir services be of not less than the scope,
q lallty. and comprehensiveness required by
title. Including standards prescribed by
Secretary, and requirements for the pro-
slon of services by Health Care Corporations
af prescribed In Sections 133 and 134 of this
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title, and for other providers, requirements
for the provision of services similar to those
specified In Section 134 as defined by regu-
lations:
(7) prohibit the construction of health
care faculties, or changes In major services,
or their establishment through rental of
major equipment or existing structures, by
Health Care Corporations or other providers
except when authorized by the Commission
on the basis of a finding of need;
(8) authorize the Commission to adjudi-
cate controversies between corporations, affi-
liated providers, and non-afflllated providers.
(9 1 provide for a fair hearing, before the
Commission, of any Individual not accepted
for registration by an approved Health Care
Corporation of whose service area he claims
to be a resident: or with respect to a mone-
tary claim of at least $100 by a registrant
against a corporation or carrier; or to any
Individual who alleges that the corporation
has failed te fulfill Its obligations under this
Act and that the failure Is part of a pattern
of conduct;
(lO) pr()vlde for review and approval of
peer review systems of approved Health Care
Corporatl(Sis and continued surveillance over
t^heir operations; and
■ (11) provide for Implementation of com-
parable peer review systems for services per-
fermed by providers not affiliated with Health
Care Corporations.
(b) recognizes that compliance with the
procedures set forth in Sections 1863 through
1865 of the Social Security Act are to be
employed In establishing compliance with
this Act for Health Care Corp>oratlons and
non-affiliated providers.
(c) (1) authorizes the Commission to take
prompt corrective action whenever It deter-
mines that a Health Care Corporation has
failed to fulfill all of its obligations; and
states that the corporation Is entitled to
opportunity for a hearing with respect to the
Commission's decision In this regard, the out-
come subject to judicial review as provided
by Stat© law. However, Initiation of a pro-
ceeding for Judicial review shall not operate
as a stay of the Commission's decision unless
so ordered by the court.
(2) states that paragraph (c) (1) notwith-
standing, the Commission may give Its order
immediate effect, subject to reversal or modi-
fication following judicial review. If It de-
cides that a corporation's failure to function
creates an imminent hazard to the health of
Its registrants.
( 3 ) empowers the Commission, In addition
to its authority for corrective action above,
to revoke (following fair hearing) Its certifi-
cate of approval for operation by the corpora-
tion in Its service area and to approve for
service In that area another Health Care
Corporation or corporations, or, In lieu of
this, to bring the delinquent corporation
Into compliance through appointment of a
receiver or other effective means. The order
of the Commission shall be subject to judi-
cial review in a State court.
(d) authorizes the Commission to take
corrective action whenever It determines
that any provider not affiliated with a Health
Care Corporation has failed to fulfill the
obligations set forth in this Act, this action
to Include suspension of payment for serv-
ices performed under Comprehensive Health
Care Benefits. Appeals procedures tfutUned
In (c) apply to this provision.
Judicial review
Section 137 (a) states that any State dis-
satisfied with the Secretary's action under
section 128 (other than subsection (c) (3))
may obtain judicial review of the action, and
establishes requirements for the petitioning
of such review.
(b) provides that the findings of fact of
the Secretary, If supported by substantial
evidence, shall be conclvislve on the court,
but that the court, for good cause shown,
may remand the case to the Secretary to
take further evidence.
(c) provides that the judgment of the
court shall be final, subject to review by the
Supreme Court, and that the commence-
ment of proceedings under this section shall
not, unless ordered by the court, operate as
a stay of the Secretary's action.
Federal exercise of State functions in eases
of noncompliance by States
Section 138(a) deals with the authority of
HEW In the case of any State which has not
established a State Health Commission in
conformity with Section 122 and submitted
an approvable State plan prior to the third
fiscal year beginning after the calendar year
of enactment of this Act. It grants authority
to the Secretary in such an instance to ap-
point commissioners, hire staff, and assume
all functions of a State commission In com-
pliance with the provisions of this Act, and
In that event to utilize for that purpose any
Federal funds available for administration
of State plans under the Act.
(b) Stipulates that the Secretary shall not
refuse approval of a State plan without rea-
sonable notice to the State and opportunity
for hearings: and that, when an application
for renewal of approval of the State plan Is
pending, the Secretary may temporarily post-
pone expiration of its la-st approval until
it has come to a decision concerning re-
newal.
(c) (1) describes the Instances under which
the Secretary may withdraw approval of a
State plan which, no longer complies with
Section 124(c), and may withhold further
payments (or may. in its discretion, suspend
apjsroval of parts of a plan and limit pay-
ments thereby) , until it Is satisfied that
there will no longer be such a failure to
comply.
(2) states that the Secretary may post-
pone action under (1) to allow necessary
time for compliance.
(3) provides that in addition to or In lieu
of taking action under (1) the Secretary may
request the Attorney General to Institute a
civil action by the United States against the
State to enforce the requirements of this
part.
(4) permits the Secretary, when he has
withdrawn approval of a State plan, to exer-
else the functions and use the funds referred
to In subsection (a) .
Cooperative interstate activities and
uniform laws
Section 139(a) states that the Secretary
shall:
(1) encourage and assist the States and
their State Health Commissions with Inter-
state agreements and approvals with respect
to Health Care Corporations, Including the
establishment of Joint health service areas;
an(^
(2) shall assist In the development of
model State legislation In the areas covered
by this Act.
(b) provides for Congressional consent to
any two or more States that wish to enter
Into agreements as cited above.
Other administrative proced^Lres
Sec. 140 amends section 505(a)(2) of the
Social Security Act to require that the State
agency required to administer, or supervise
the administration, of a State plan under
title V of the Social Security Act be the
"State Health Commission" (rather than
the "State health agency") of the State
(in the case of any State that Is a partic-
'Ipatlng State under Title I of the bill).
(The amendment would not supersede the
grandfather clause of section 505(a)(2)
which allows the crippled children's service
portion of a State plan to continue to be
administered (or supervised) by a welfare
agency In the case of a State which on July 1 .
1967, provided for administration of Us
crippled children's service plan by that agen-
cy)
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
509
PART D HEALTH CARE CORPORATIONS
Incorporation and State approval
Sec. 141. (a) defines a Health Care Cor-
poration as a nonprofit private or govern-
mental corporation organized to furnish
services (through Its own resources or
through affiliation with other providers, non-
profit or for-profit) to registrants, and to
engage in education, research, and other
activities related to the furnishing of per-
sonal health services. The section specifies
that the governing board of the Health Care
Corporatlor. must have elective and equi-
table representation of the corporation's reg-
istrants and of its affiliated institutional and
professional providers.
(b) requires that a Health Care Corpora-
tion must be found by the State Health
Commission to satisfy the requirements in
(a) above and must be approved by the
Commission for service in a designated serv-
ice area or areas of the State (in accordance
with Sections 125 and 126 1 upon a finding
that the corporation is well organized under
professionally competent management, has
adequate resources in facilities and per-
sonnel, and has given satisfactory assurance
of financial responsibility.
Registration with health care corporations
Section 142 (a) specifies that the corpora-
tion shall register all residents, within the
designated service area for which it has been
approved by the State Health Commission,
who seek registration during a period of open
registration: and that the corporation shall
make reasonable effort to register those resi-
dents of the area who have failed to apply
for registration.
J (bi Permits the Health Care Corporation
to recruit and register persons outside of Its
designated service area If its quota of
registrants has not been filled;
(c) states that. In accordance with regu-
lations of the Secretary, a registrant may
effect registration for his or her spouse and
their children under 19:
(di requires the corporation to dissemi-
nate to the public Information about its op-
erations and its services, including registra-
tion information in detail; that it must dis-
seminate information about benefit cover-
ages; assist individuals in establishing en-
titlement to coverage purchased by the Sec-
retary and in obtaining other coverage;
(ei sets the registration period at 12
months; permits termination of registration
with change in residence or for such cause
as may be approved by the State Health
Commission.
Undertaking to furnish services
Section 143(a) states that the Health Care
Corporation shall provide all of the services
for which registrants have Comprehensive
Health Care Benefits coverage and which are
medically necessary (or, in the case of health
maintenance services, medically appropri-
ate).
(b) permits the corporation to contract
for services through (an) affiliated pro-
vider(s) — hospital(s), extended care facil-
Itydes), nursing home(si. or home health
service agencydes); physicians, dentists,
podiatrists, or optometrists, or combinations
of these, such as partnerships, clinics, or
group practice organizations; or other kinds
of providers designated in regulations. Pro-
viders may affiliate with more than one
Health Care Corporation, but must designate
one such affiliation as primary.
(c) permits the provision of drugs, devices,
appliances and equipment to ambulatory
patients, and ambulance and other emer-
gency transportation services through pro-
viders not affiliated with the corporation;
It states that medical and other services of
a specialized nature, with permission of the
State Health Commission, may be provided
through arrangements with other Health
Care Corporations or with providers that are
not affiliated with the Health Care Corpora-
tion.
(d) emphasizes health maintenance (in-
cluding health education) for all registrants,
assurance of continuity of care, and to the
greatest extent possible, the provision of care
on an outpatient basis. Health maintenance
services are to be periodically scheduled:
outpatient services furnished In centers and
in physicians' offices; emergency care, includ-
ing ambulance service, to be available at all
times.
(e) requires that a system of outpatient
care centers be developed by the Health Care
Corporation, these centers to provide health
maintenance services and community-based
services such as home care, medical social
services, and well-baby clinics and mental
health clinics. These centers are to be related
to Institutional and other providers In order
to provide necessary laboratory and other
diagnostic services and referral and transfer
of patients to facilities providing more com-
prehensive services.
(f) stipulates that the Health Care Cor-
poration must review services provided for
registrants In time of emergency by other
corporations or providers and, upon approv-
ing the charges, submit them to the carriers
responsible tor payment. Not included are
payments for services rendered to registrants
who leave their place of residence expressly
to obtain health care, unless by arrangement
with the corporation.
(g) stipulates that the corporation shall
so far ais practicable furnish necessary emer-
gency health services to persons not regis-
tered with it and may furnish other serv-
ices to such persons when it can do so with-
out interference to service to its registrants.
Quality of services
Section 144(a) fixes the responsibility on
the Health Care Corporation for the quality
of all health services It provides, or had
provided in its behalf, Including respon-
sibility for compliance with standards of
quality and comprehensiveness prescribed by
the Secretary. The corporation is made re-
sponsible for maintaining controls on utili-
zation of services: for continuing appraisal of
the effectiveness of services; and for iden-
tifying problems that require planning for
additional services. To these ends the cor-
poration is required to have a system of com-
prehensive peer review by physicians (a;id
dentists in the case of dental services) which
covers all services provided by the corporation
and Its affiliates. The corporation Is required
to maintain a program of continuing educa-
tion for Its physicians, dentists and nurses.
(b) requires that all medical policies of the
corporation be established with the advice of
physicians and all dental policies with the
advice of dentists; that all medical judg-
ments must be made by or under the super-
vision of physicians, and dental judgments
by or under the supervision of dentists.
(c) encourages participation of physicians
in all iispects of policy formulation and op-
eration of the Health Care Corporation.
Participation of professional practitioners
Section 145(a) requires the corporation, so
far as practicable, to provide opportunity to
all practitioners In Its approved service area
(physicians, dentists, podiatrists, and op-
tometrists) to furnish services In its behalf.
The corporation Is required to annually re-
view the scope of services of each practitioner
In accordance with his training, experience,
and professional competence as determined
through peer review. A practitioner must be
able to enlarge the scope of his services
through In-service training.
(b) stipulates that the corporation may
not discriminate in selecting practitioners on
any ground unrelated to professional quali-
fications, but may In Initial recruitment give
preference to local practitioners as between
equally qtialified persons.
(c) requires the corporation to permit each
practitioner to select, consistent with the re-
qulremeiUs for the corporation established
by the Act, the form of practice In which
he wishes to engage.
Charges by health care corporations and
other providers
Sec. 146(a) requires that charges made by
a Health Care Corporation be made at rates
fixed prospectively for 12-month periods and
approved by the State Health Commission.
These may be revised under circumstances
that would create hardship, with Commis-
sion approval.
(b) states that charges shall consist of an
annual capitation amount per registrant
or registrant family, or of Itemized charges
for separate services or units of service. With
approval of the Commission, the corporation
may vary Its methods of determining
charges: capitation charges, except for varia-
tions based on size and composition of fam-
ilies, must be uniform for all registrants to
whom they are applicable, other than regis-
trants having coverage under government-
purchased contracts. After three years of op-
eration, the corporation must subnilt to the
State Health Commission a plan to com-
mence two years thereafter for offering capi-
tation rates to its registrants who choose to
purchase coverage directly from the corpora-
tion. This plan must be Implemented by
making this option to all registrants five
years after the HCC's Incorporation.
(c) specific that the corporation's charges
shall meet Its financial requirements as de-
termined In accordance with regulations and
with systems of accounting as prescribed by
the Secretary. This section states that the
corporation must Justify to the Commission
the rates It pays to affiliated providers, and
must justify the budgets of any affiliated
providers on which these rates are based. In
cases where an affiliated provider contracts
with more than one Health Care Corpora-
tion, the corporation with which It has a pri-
mary affiliation becomes responsible for the
justification of budgets and rates.
(d) affirms that in reviewing budgets and
rates the corporation and the Commission
must assure that services are provided with-
out unnecessary duplication and that serv-
ices are not excessively costly.
Continuing personal health records
Section 147(a) reqvilres the maintenance
by the Health Care Corporation of a per-
sonal health record for each registrant and
states that these records must be readily
available to the medical and other staff of
the corporation and Its affiliated providers,
and that they must make It possible for the
Commission to carry out its statistical re-
sponsibilities, including those related to the
utilization and cost of health services.
(bi states th\t the corporation must be
equipped to promptly transmit personal
health records of registrants to appropriate
providers.
(c) requires transfer of personal health
records from corporation to corporation when
registrants transfer: and transmission of In-
formation from personal health records to
corporations and providers when they fur-
nish eme»gency services to the registrant of
a Health Care Corporation.
(d) restricts the disclosure of personal
health Information without consent of the
registrant to purposes necessary to the ad-
ministration of the corporation, the State
plan, or benefit coverage and provides up to
a $1,000 penalty or one year of imprisonment
or both for violation of this confidential In-
formation.
Participation by registrants: health
education
Section 148(a) requires corporations to es-
tablish methods by which registrants may
express their views about the program and
performance of the corporation and the
health needs of the community. In addition
to representation on the corporation's gov-
erning board: requires that such opportunity
be available to groups of registrants (geo-
graphic, economic, or other) , and to the ex-
tent practicable, to Individual registrants;
and that advisory committee representation
alO
CONGRESSIONAL RECORD— HOUSE
January 9, 1973
bi afforded registrants In general, with sub-
c( mmlttees or separate committees formed
fc r representatives of groups whose interests
rray differ from those of other registrants.
lb) requires that the corporation under-
t; .ke a program of continuing health educa-
t: on for its registrants, with special emphasis
d rected toward low Income and medically
liidigent registrants, affording representation
t( > registrants In the formation of such a
p -ogram. The section defines the scope of
s tch a program and further requires coUabo-
n .tive efforts In community-wide health edu-
c itiou with governmental and private agen-
c: es. It also requires the corporation, so far
a ; practicable, to provide assistance to regls-
ti ants in overcoming language or educational
hmdlcaps In obtaining access to health care.
nondiscrimination: complaints
Sec. 149. (a) bars discrimination by the
c irporatlon In recruitment, registration, and
ill provision of services (subject to medically
a )proprlate differentiations, or as specifically
a ithorlzed In this title), on the ground of
rice, creed, color, national origin, age. sex,
o -cupatlon. economic status, or condition of
hjalth. I
(b) requires the establishment of com-
p alnt procedures for registrants or for per-
si ins whose applications for registration have
b;en refused. Records of complaints and
their disposition must be available for In-
s| lection by the Commission.
(C) requires the establishment of proce-
d .ires for the settlement of disputes with
a fiUated providers and other providers with
w horn the corporation has made arrange-
D encs for services to Its registrants.
Responsibilities for manpower and for
research
Section 150(a) requires a corporation to
c )ordlnate determination of its manpower
n?eds and those of Its affiliated providers:
c jordlnate recruitment and allocation of
s ich personnel; and determine qualification
a id performance standards for such person-
n?l, to be at least equal to standards of
n cognized professional organizations. Cor-
porations, are required to conduct In-servlce
t: alning programs and to encourage these
anong affiliated providers and to encourage
t: le use of physician assistants and other
a TclUary personnel under professional super-
v .sion.
(b) siates that the corporation shall en-
gige in continuing research concerning the
h»alth services, and concerning their quality,
e recti veness, and cost. Results of such re-
si arch are to be available to the State Health
Csmmisslon and the Secretary of HEW for
tl leir use.
Records and reports
Section' 151 specifies that corporations
si lall keep records with respect to such areas
a; financing, utilization of services, and the
ri suits of peer review, and require that af-
fi lated providers do the same, all such rec-
ords to meet reporting requirements of the
C^mmlsslon. in accordance with regulations
o the Secretary and to be available for In-
spection by the Commission.
P; RT E SPECIAL STTTDT OF METHODS FOR MEET-
ING SUPPLEMENTAL CAPrTAL NEEDS OF HEALTH
CARE CORPORATIONS AMD RELATED HEALTH CARE
ORGANIZATIONS
, I Findings and purpose
Sectloh 161 Indicates that Congress finds a
n ?ed for additional sources of supplemental
ci pltal and other funding in order to assure
a more rational distribution of funds and
ir eet the ! health care needs of the nation
without tlndue cost to Individuals In com-
iT unities Which have the greatest need.
Sec. 162. (a) requires that National Health
S irvlces Advisory Council to conduct a full
aid comi)lete study and investigation of
n ethodg for supplying supplemental capital
a id other funding for Health Care Corpora-
t: 3ns and related health care organizations,
with the pbjectlve of developing a national
program for supplying such funding, giving
special emphasis to areas of high priority
health care needs, both rural and urban,
(b) The Council shall give particular con-
sideration In this study to developing a pro-
gram which —
(1) establishes and utUlzes, as Its basic
source of funds, a national trust fund con-
sisting of either a designated portion of the
premiums collected for Comprehensive
Health Care Benefits Coverage, a tax on
such premiums, appropriated funds, or
amounts received from other sources, public
or private:
(2 ) provides for the distribution of amounts
In the trust fund to State Health Commis-
sions In a manner reflecting population, per
capita Income, and health needs for alloca-
tion by the State Commissions;
( 3 ) recognizes the need for adequate plan-
ning for health care services and facilities,
and makes such planning a condition of as-
sistance;
(4) encourages and facilitates the con-
tinuing provision of funds for these purposes
from sources other than the trust fund, and
effectively coordinates the utilization of the
amounts provided from such other sources
with the amounts distributed from the trust
fund:
(c) Requires the Council to submit to the
Secretary for transmission to the Congress
within one year after the effective date of
the Act, a full and complete report of Its
study together with findings and recom-
mendations and with detailed specifications
for any legislation which It finds may be re-
quired to carry out such recommendations.
The Secretary shall Include his own com-
ments and views on the Council's recom-
mendations In the transmission of the report
to Congress. This study Is independent of
studies made by the Secretary In Section 114,
and of the annual report of the Council under
Section 113(c).
TITLE II — FINANCING OF NATIONAL HEALTH
SERVICES
Short Title
Section 200. Title II may be cited as the
"National Health Services Financing Act."
PART A EMPLOYER REQUIREMENTS AND
I ENTITLEMENT TO BENEFITS
Employer benefit requirements
Section 201(a) amends the Social Security
Act to require that employers have an ap-
proved health care plan for their employees
(and their families). The new Section 230 of
Title n of the Social Security Act:
(a) requires every employer within the
meaning of this title to provide for each of
his employees (and members of their fam-
ilies) coverage equivalent to Title XVIII ben-
efits (both Parts A and B) and Section 225
Catastrophic Expense Benefits during the
third and fourth full fiscal years after en-
actment and to provide Comprehensive
Health Care Benefits coverage beginning on
the first day of the fifth full fiscal year of
enactment.
(b) lists the situations In which the pro-
vision of subsection (a) do not apply —
(1) (A) to any employer which is the United
States, a state or political subdivision there-
of (notwithstanding any agreement entered
Into In Section 218) , or any agency or Instru-
mentality of one or more of the foregoing or
any othef employer, all of the services per-
formed for .^hlch are excused from em-
ployment by one or more of the numbered
paragraphs of Section 210(a):
(B) In the case of Individuals or members
of the same families who have ^multiple em-
ployers, all of the employers except the em-
ployer paying the highest total taxes under
Section 3111 (a) of the Internal Revenue
Code of 1965:
(2) (A) with respect to an employee (or
member of an employee's family) who Is en-
titled to health Insurance benefits under
Title XVni; or
(B) with respect to any medically Indigent
person or family which elects to obtain cover-
age under Section 107 (b) or (c).
(c)(1) provides that the Secretary shall
pay to or on the behalf of an employer, whose
average premiums payable for the health
Insurance required In subsection (a) an
amount by which the premium payments ex-
ceed 4 per cent of the average wages paid by
him to such employees multiplied by the
number of such employees (not in excess of
10).
(2) provides for the prescription of regu-
lations by the Secretary on the period for
determining the number of employees of Kn
employer, the wages of the employees, and
the premiums payable under subsection (a).
as well as the method for determining such
wages (and the average thereof) in the cases
in which the payment may be made to a
payee other than the employer.
(3) provides that payments by the Secre-
tary may be made in advance or by way of
reimbursement at such times, in such man-
ner, and In such Installments as the Secre-
tary shall deem to be appropriate.
(4) provides that the employer's contribu-
tions must be at least the actuarial equiva-
lent of 75 per cent of the premium cost of
benefits equivalent to the Medicare coverage
during the third and fourth full fiscal vears
and of the premium cost of Comprehensive
Health Care Benefits coverage beginning on
the first day of the fifth full fiscal period.
This requirement shall In no way prohibit an
employee choosing to register with a Health
Care Corporation operating in whole or in
part on a capitation basis,
(5) stipulates that the period of coverage
extends from the date of involuntary ter-
mination until the employee becomes eligible
for unemployment compensation benefits or
until the expiration of days from such
termination, whichever occurs first.
(b) amends Title IX of the Social Security
Act by adding at the end thereof a new sec-
tion which requires the Secretary of Labor
m accordance with regulations prescribed in
consultation with the Secretary of Health to
purchase coverage as defined in subsection
201(a) for every individual who is receiving
benefits under any federal or state unemploy-
ment compensation law for the Individual
and members of his family.
ENTITLEMENT TO BENEFTTS
Section 202(a) specifies that every Individ-
ual who Is a resident of the VS.. including
the District of Columbia and Puerto Rico, is
eligible for full or partial Federal contribu-
tion to the premium cost of qualified Com-
prehensive Health Care Benefits (CHCB).
(b) obligates the Secretary to contract
with carriers for coverage In behalf of the
aged, the low-income, and the medically
Indigent.
(c) allows all others who are eligible for
the program, and those (other than the aged)
who are eligible but choose not to enroll in
an HEW-contracted plan, to obtain a Federal
subsidy of 10 per cent of the premium cost
Incurred for the purchase of qualified
CHCB, Irrespective of the source of payment.
If the individual (and his family) Is regis-
tered with an approved Health Care Corpora-
tion or with any other similar organization
that demonstrates It meets standards pre-
scribed by the Secretary. If existing coverage
Is broader than CHCB, an actuarial equiva-
lent of CHCB will be utilized to determine
the amount of the subsidy.
(d) refers to definitions of the low-Income
and medically Indigent income classes.
INCOME CLASSES
Section 203(a) defines a low-income person
or family as a single Individual (I.e., one who
Is not a member of a "family" as defined) or
a low-Income family In Income class 1; a
medically Indigent person or family as a
single Individual or family In Income classes
2. 3, or 4; and the remainder of the popula-
tion as falling In Income class 5.
January 9, 1973
CONGRESSIONAL RECORD— HOUSE
511
(b) establishes the following table of In-
come classes for the above-defined categories :
TABLE OF INCOME CLASSES i-FAM I LY SIZE AND INCOME
RANGES
Col.l
Col. II
Col. Ill
Income class
Single
individual
Family of 2
1 Olo$2.000 0to$3,000.
, ■" "" $2,001 to $3,000. $3,001 to $4,b00.
,-'" $3,001 to $4,500. $4,501 to $6,000.
i $4,b01 to $6,000. $6,001 to $7,500.
5 .. Above $6,000... Above $7,500.
Col. I
CoL IV
Col. V
Income class
Family of 3
Family of 4 or
moie
1 0 to $4.500 0 to $6,000.
S " $5 501 to $6,000 $6,001 to $7,500.
5 " $6,001 to $7,500. $7,501 to $9,000.
I $7,501 to $9,000. $9,001 to
' $10,500.
5 Above $9,000... Above $10,500.
1 These amounts are to be adjusfed under sec. 204, according
to Increases in the Consumer Price Index.
PERIODIC REVISION OF INCOME CLASSES
Section 204 provides for an Increase by the
Secretary in the Initially fixed dollar amounts
of the Income class tables, the premium con-
tributions by the medically indigent, the
copayments, and the catastrophic expense
benefit expenditure limits, whenever in any
calendar year the monthly average of the
Consumer Price Index for the July-September
quarter exceeds by 3 per cent or more the
monthly average of the CPI for the corre-
sponding quarter of the base year. The in-
crease would be effective for any "coverage
year " that begins in the next fiscal year of
the United States. (A "coverage year" is de-
fined by section 222 with respect to an In-
dividual, as a 12-month period of CHCB
coverage of the individual under an Insur-
ance contract or prepayment plan that coin-
cides with a 12-month (annually renewable)
term of that contract or plan.)
DETERMINATION OF INCOME LEVEL
Section 205 (a) provides that for the pur-
poses of this part the rate of an Individual's
(or family's) Income shall be determined on
the basis of his adjusted gross Income (or
the family's combined adjusted gross In-
come), as defined In accordance with regula-
tions prescribed by the Secretary in consulta-
tion with the Secretary of the Treasury, for
the calendar year preceding the coverage
year, except that the Secretary may by reg-
ulation exclude Items of Income that are not
reasonably available for living expenses and
Include Items that are reasonably available
for living expenses although not Included In
adjusted gross Income, and may by regula-
tion provide for redetermination of an In-
dividual's or family's rate of Income on a
more current basis when necessary to prevent
serious hardship or Inequity.
(b) defines the term "family" as (1) a
husband and wife and their dependent un-
married children under 19 or (2) an In-
dividual and his or her dependent unmar-
ried children under 19. and defines the terms
"child" and "dependent" (as applied to a
child) as having the same meaning as In sec-
tion 1512 of the Internal Revenue Code.
PREMIUM CONTRIBUTIONS FOR FEDERALLY
CONTRACTED COVERAGE
Section 206(a) specifies the contributions
to premiums for Federally-contracted CHCB
coverage to be made by the Individuals or
families In the 3 income classes of the med-
ically Indigent (I.e., income classes 2. 3, and
4) , with the amounts rising as Income rises.
(Section 203(b) contains the table of In-
come classes.) The amounts of contributions
initially are $50 for a single individual and
8125 for a family in Income class 2, SlOO and
$250 respectively In Income class 3, and $150
and $375 in Income class 4. In the case of a
family In any such Income class) In which
there Is only one member under 65, the con-
tribution rate of a single Individual applies.
The amounts set initially by section 206 (a)
(as well as the Income ranges In the Income
clsiss table) would be adjusted according to
Increases In the Consumer Price Index under
section 204.
(b) requires that Individual or family
premium contributions by the medically in-
digent for Federally-contracted coverage be
paid to the carrier In accordance with the
Secretary's regulations and that there shall
be no recourse against the United States In
the event of delinquency or default In the
payment of such contributions.
INCOME TAX DEDUCTIONS
Section 207 permits Individual taxpayers
to deduct 100 percent, without dollar limit,
of the amounts paid by them as premiums
for Insurance contracts or prepayment plans
approved by State Health Commissions for
the actuarial equivalent of CHCB.
LIMITATION OF MEDICAID TO SUPPLEMENTATION
OP UNIFORM HEALTH BENEFITS
Section 208(a) provides that, beginning
with the effective date of part A of title U
of this bill (creating entitlement to Compre-
hensive Health Care Benefits coverage), the
State plan under Title XIX of the Social
Security Act (of a participating State under
title I of the bill) shall not be rf>qulred to
cover, and there shall be no Federal match-
ing for expenditures for. services or Items
that are covered by Comprehensive Health
Care Benefits and that are furnished to an
Individual who Is entitled to such coverage
under section 202 of the bill and who either
Is a resident of a service area of the State
designated In accordance with section 125 or
Is In fact registered with a health care cor-
poration that holds a certificate of approval
for another service area.
(b) requires the Secretary to prescribe the
minimum scope of services to be Included
In a State plan under title XIX of the Social
Security Act (Instead of the requirements of
section 1903(a) (13) of that Act) on and
after the effective date of part A of title II
of the bill, with a view to supplementing
the coverage of Comprehensive Health Care
Benefits.
PART B CONTENT OF COMPREHENSIVE HEALTH
CABE BENEFITS
Payment for comprehensive health care
benefits
Section 221 (a) stipulates that coverage for
CHOB entitles the registrant to have pay-
ment made by bis carrier to his HCC for all
medically necessary or appropriate services
and items at the HCC's approved predeter-
mined charges. HCC's would receive the full
amount of such charges from the carrier;
the carrier would bill the registrant for the
dollar amounts related to copayments, and
certain non-covered services (with the resid-
ual risk of nonpayment accruing to the pro-
vider) as provided in part C of the bill. Spe-
cial reference to HCC's operating on a capi-
tation basis Is made In Sec. 235.
(b) stipulates that payment for coverage
for CHCB for an Individual who has not reg-
istered with an HCC shall be made by his
carrier at approved predetermined charges,
less copayments applicable for the services
provided.
Definition of comprehensite health care
benefits
Section 222(a) describes Comprehensive
Health Care Benefits as consisting of the
following components: outpatient services;
Inpatient services: and catastrophic expense
benefits. The Secretary is authorized to Is-
sue from time to time such further regula-
tions to adjust the application of these bene-
fits to best carry out the purposes of this
Act.
In addition, this section defines, among
other things, the terms coverage year, ben-
efit period and regulations as they relate to
CHCB.
(b) states In tabular form the actual ben-
efits to be Included In the CHCB package.
Emphasis Is on outpatient services. Includ-
ing a wide range of health maintenance ben-
efits. Cost sharing (In addition to premium
contributions by the medically indigent)
would be achieved through copayments and
a llmltatlonon the number of Inpatient In-
stitutional care days and outpatient physi-
cian visits. Copayments would be removed
through the catastrophic expenses provi-
sions, once the covered individual or family
reached the predetermined expenditure limit
ceilings. Once the catastrophic expense pro-
visions apply the limitations would be re-
moved on the number of physician visits (ex-
cept for mental Illness In a non-HCC envi-
ronment), the number of inpatient hospital
care days (except for mental illness, alcohol-
ism, and drug dependence in a non-HCC en-
vironment) and the number of days under
outpatient Institutional care programs for
mental Illness, alcoholism, and drug depend-
ence.
Table of Comprehensive Health Care Benefits
-SERVICES and ITEMS COVERED II COPAYMENTS * AND LIMITATIONS
A. Outpatient services
1. Periodic Health Evaluation
a. Screening tests and examinations, as prescribed by regulations
under section 226, followed by physical examination by a physician
or physicians when Indicated by the screening.
b. All Immtmlzatlons
c. Well-Baby Care (for Infants under age 5) —
(I) during 1st 12 months following birth;
(II) during next 12 months:
(III) during next 3 years.
d. Dental Services
The following professional dental services, Including drugs and
supplies that are commonly furnished, without separate charge,
as an Incident to such professional services :
(1) Oral examination, Including (I) prophylaxis (with flurlda
No copayment.
Within such limits as may be prescribed by regulation under
section 226.
No copayment and no limitation.
No copayment.
8 visits.
4 visits. •
2 visits per coverage year.
Items d (1) and (11) In column I apply Initially only to children
born not more than 7 years before the effective date of this sub-
part. For those Initially covered, the benefits extend through age 12.
No copayment.
512
a]iplication at appropriate ages), (II) dental x-rays, and (III) In
arcordarice with regulations, other accepted preventive dental
p ocedures
I ii ) To the extent prescribed by regulation under section 226
aJ.d not covered under (1). above, dental care other than ortho-
di)i;tia; biit including. Insofar as the Secretary finds that re-
st iirces of facilities and personnel make practicable, routine ex-
ti actions, dental fiUings, and appropriate prosthetic appliances.
e VisioQ Services (in accordance with regulations under section
2; 6 I .
ill Professional services In routine eye examination. Including
p ocedures performed (during the course of an eye examination)
t( determine the refractive state of the eyes and procedures for
fi rnLshing prosthetic lenses, provided either by an opthalmologlst
o: other physician skilled in diseases of the eye or by an optometrist
1 ' I'hichever rhe patient may select) .
I ill Eyeglasses, with prescription lenses, including the fitting
thereof, and including lenses and frames as needed.
2. Physicians' Services and Ancillary Health Care.
Where not otherwise covered under this table —
a. Physicians' services (including radiotherapy) on an outpa-
ent basis in any appropriate setting i Including home calls), and
STvices in any such setting under a physician's supervision by al-
ii ?d health personnel (as defined in regulations) .
I
COiNGRESSIONAL RECORD — HOUSE
January 9, 1973
Table of Comprehensive Health Care Benefits — Continued
I SERVICES AN-D rtEMS COVERED COntlnUCd II COPAYMENTS* AND LIMITATIONS COntlnUCd
b Diagnostic procedures on an outpatient basis (when not cc
ed under subparagraph a.), including diagnostic tests, prescribed
0 • ordered by a physician in connection with services referred to in
paragraph a
c Hospital or outpatient-center services (not included above) <
rindered to outpatients and incidental to physicians' services cov-
e -ed under paragraph 1.
d Supplies, materials, and use of facilities and equipment In
c jnaectlon with the foregoing services, including drugs admln-
1 tered or used as a part of services covered in paragraph 1, 2, or 3.
e Ambulance services.
T Other Outpatient Services
a. Outpatient Institutional-Care Program for Mental Illness,
Alcoholism, or Drug Abuse and Dependence.
i
Such day-care or other part-time services and other items as
ri ay be specified in regtilatlons under section 226, furnished to
patients. .other than inpatients, under a program for the treatment
:■' rr.critail illness, alcoholism, or problems of drug abuse and drug
d?penderice.
b Drusis, Prosthetic Devices, and Medical Equipment
Ii! Ptugs (Other than those covered tinder paragraph A.I.. A. 2..
or B.l. of this table) dispensed to patients other than inpatients.
Ill) Prosthetic devicss (Including hearing aids) prescribed by
phvsici^n and not otherwise covered In this table.
(ill) Irt accordance with regulations, durable medical eqtiipment
(hot otherwise covered) as described In section 1861 (s) (6) of the
S r>rial Security Act, certified by a physician as being medically
r 'quired.
c Home Health Services.
Such items and services as are defined as "home health services"
bi -ec'xn 228id) and regulations thereunder.
b. Inpatient services
1 Institutional Services
a. Inpatient Hospital Care
Items and services defined by section 228(e) as
t il care."
'Inpatient hospl-
1 examination per coverage year.
Copayment 20^? of charges.
For individuals through age 12.
No copayment.
1 visit per coverage year (Including therein a follow-up verifica-
tion of conformity of prescribed lenses with a prescription issued
during the visit) .
Copayment 20'^ of charges.
Initially, one set of eyeglasses (including frame and lenses):
thereafter, only newly prescribed lenses (but not frames) as re-
quired (but not more often than once a coverage year) because of
a change In the condition of the eyes. Standards to be established
by regulations promulgated by the Secretary in accordance witii
section 226.
For physicians' services, a copayment for each visit of two dol-
lars. Copayments under this paragraph for services in facilities
Involved in clauses c. and d. below apply only to services of attend-
ing physician.
Limited to 10 visits per coverage year. Except that, in accordance
with regulations, no limit on the number of visits shall apply to
services preceding or following Inpatient care in cases (such as
surgery or pregnancy and obstetrical care) In which a single com-
bined approved charge Is made by the provider for such outpatient
and Inpatient services.
207c copajrment.
Copayment requirement waived for registrants of Health Care
Corporations.
No separate limitation.
No separate copayment.
No separate limitation.
No separate copayment.
No separate limitation.
20^r copajrment.
Covered only when other methods of transportation are con-
tra-lndlcated by the patient's condition, and only to the extent
provided in regulations.
A two dollar copayment, per day. except that copayments mav
by regulation, be waived for treatment of drug abuse and drug
dependence. iNo separate copayment for physicians' services ap-
plies under this subparagraph, whether or not such services are
charged for separately.)
Limited to visits or sessions on 3 days under such a program in
lieu of each day of Inpatient hospital care allowable during a
benefit period i under paragraph B.l. a. below) for the treatment
of mental Illness, alcoholism, or drug abuse or drug dependence
For each drug prescription, and each refilling of such a prescrip-
tion, a one dollar copayment.
Covered only if (1) the drug (whether or not it Is subject to a
prescription reqviirement under any law other than this title) has
in fact been prescribed by a physician and Is listed under Its estab-
lished name las defined In section 502(e) of the Federal Food.
Drug, and Cosmetic Act) In a list established for the nurposes of
this title bv the Secretarv under section 226(c). and (2) in the
ca.se of a drug listed under section 226(c)(2)(B). the disease or
condition for which the drug has been nrescribed is one for the
treatmem of which the drue is designated in that list as appropriate.
Copayment 20 1 of charges.
Covered onlv if listed in, and In accordance with, regulations
under section 2206.
Copayment 20 '■"-- of charges.
Covered onlv if listed in. and in accordance with resulations
under section 226: and sublect to criteria for oavment prescribed
under that section.
For each visit, a two dollar copayment.
Coverage of such services shall be limited to 100 visits per cover-
age year. The certification and recertification reauirements of sec-
tion 1835(a) (2) of the Social Securitv Act. with such modifications
(If anv) as the Secretarv mav bv regulation prescribe, mav be ap-
plied by the carrier.
;pltal
A five dollar copayment, per day.
Coverage Is limited to 90 days of Inpatient hospital care received
In any benefit period: except that for treatment of mental Illness,
alcoholism, and problems and conditions of drug abuse or drug
Januanj 9, 1973
CONGRESSIONAL RECORD - - HOUSE
513
b Post -Hospital Extended Care
Extended care services (as defined in section 228(b)) furnished
an individual after transfer from a hospital in which he was an in-
patient for not less than 3 consecutive days. For the purpose of
the preceding sentence, the second sentence of section 1861 (i) of
the Social Security Act shall apply.
c. Niu"sing Home Care.
Nursing home care as defined in section 228.
2. Physicians' Services and Ancillary Health Care.
Those physicians' services to Inpatients which are not Included
as "institutional services" under paragraph B.l. a., b., or c.
C. Catastrophic expense benefits
Section 225 defines the conditions under which these benefits
become effective in any coverage year with respect to any individ-
ual or family To summarize: In the case of a low -Income person or
low-income family (class 1), these benefits are effective immedi-
ately. In the case of medically Indigent persons or families (Classes
2-4), they become effective when the person or family has Incurred
in a coverage year, for premium contribution, copayments, and
certain other expenditures combined, a total expenditure equal to
an amount determined by application of a table In section 225. In
the case of Individuals or families in Income class 5, these benefits
apply when a variable expenditure limit is reached, determined by
taking 10% of the individual's or family's income. The dollar flg^tires
in the tables and the absolute expenditure limit ma,y be adjusted
by the Secretary on an annual basis, whenever the Cbnstimer Price
Index is more than 3Tr above the index for the base period (see
sections 204 and 224).
dependence the limit Is 45 days. (The limitation on treatment of
mental illness, alcoholism, and problems and conditions of drug
abuse or drug dependence is 90 days of inpatient hospital care for
registrants of Health Care Corporations.)
A two-doUar-and-flfty-cent copayment, per day.
Limited to 30 days of such care received in any benefit period.
A two-doUar-and-flfty-cent copayment, per day.
Coverage shall be limited to 90 days of such care received in any
benefit period.
A two dollar copayment, per visit, of the attending physician
only. In accordance with regulations under section 226, In the
case of services (such as surgery or pregnancy and obstetrician care)
In which a single charge is made by the corporation for the attend-
ing physicians' services combined with any preceding or following
outpatient services related thereto, a copayment of 10 '7c of such
combined charges shall apply. Copayments for physicians' services
under this paragraph are in addition to the dally copayments for
Institutional care.
No separate limitations.
For elimination of certain limits on coverage for Physicians'
Services and Inpatient Hospital Services when Catastroplilc Ex-
pense Benefits take effect ta a coverage year, see section 225.
• The Initial amounts of the dollar copayments are subject to changes in the Consumer Price Index as determined under sections 204
and 224.
The definition of institutional services for
Inpatients includes, for benefit purjioses,
physicians' services, such as those of radiol-
ogists and pathologists, which are held out
as generally available to all Inpatients of an
institution, regardless of the method by
which the Health Care Corporation compen-
sates the physicians.
Limitations and exclusions
Section 223(a) lists the limitations and
exclusions, including the exclusion of serv-
ices that are not medically necessary or ap-
propriate: treatment of TB, mental illness,
alcoholism, and drug dependence, when these
illnesses are not in an acute phase; purely
custodial care: cosmetic surgery (except for
prompt repair of accidental Injury or im-
provement of functioning of a malformed
member of the body); and certain other
.services or items.
(b) excludes from CHCB services for which
payment Is made through workmen's com-
pensation or motor vehicle Insurance.
(c) excludes from CHCB (1) charges for
items or services (other than emergency
services) furnished by a Federal provider,
except (under arrangements with the HCC)
one that functions as a community Institu-
tion, or (2) charges by providers for services
required to be furnished at public expense
by Federal law or contract with the Federal
government.
(d) defines the difference between semi-
private and private Institutional accommoda-
tions and excludes carrier payment for
charges in excess of the semi-private rate
unless the more expensive accommodations
were required for medical reasons.
(e) limits carrier payment to approved
charges for covered services, or items where
the provider has furnished to an individual
services, or items in excess of or more ex-
pensive than those covered bv CHCB. (How-
ever, part C permits the HCC, to the extent
CXIX 33— Part 1
Income class
Expenditure
limit
under 65
Expenditure
limit
65 and over
2...
3...
4...
$250
500
750
J125
250
375
authorized by the Secretary's regulations, to required to be incurred for this group. As
have the carrier make payment for non- Income rises above that category, individuals
covered services when billed by the provider, or families would be required to Inciu: an
subject to refund If the Individual does not Increasing amount of out-of-pocket expendl-
relmburse the carrier.) tures before catastrophic expense benefits
Copayment provisions take effect, with the actual amounts sped-
Section 224(a) outlines the conditions un- ^^^ ^"^ the Special Expenditure Limit Table,
der which cc^ayments. when Indicated in SPECIAL EXPENDITURE LIMIT TABLE
the benefit table, for services or items fur-
nished by the HCC, become the obligation of
the registrant for payment to his carrier, or
in the instance of an Individual not regis-
tered with an HCC, by the individual to the
provider. Nominal copayments must be paid
except by low-income persons or where the
out-of-pocket expenditure ceiling has been
reached and catastrophic betieflts are In ef-
fect (see Table of Special Expenditure _ ^ ., ....... .. .. .^
Limits) ^^® dollar amotmts initially set for the
(b) specifies the applicable dollar amounts expenditure limit table would be adjusted
and refers to the benefit table for the ap- according to Increases in the Consumer Price
plicable percentage amounts, of copayments I'^'^ex. For individuals or families In income
related to the various categories of benefits class 5, the special expenditure limit varies
included in the CHCB package. The dollar according to level of Income, with the exact
amounts set Initially by this section would l^ni"^ set at 10 percent of Income as defined
be adjusted according to Increases in the ^y regulations.
Consumer Price Index. Expenditures creditable toward this ceil-
CatastroDhic exvense benefits ^^ Include ( 1 ) premiums for CHCB coverage
catastropnic expense oenejits (whether paid by the Individual or In his
Section 225(a) stipulates that all copay- behalf by an emplover). (2) copavments
ments would cease, and that except as noted related to covered services (including a
under sec. 222(b) restrictions on the number three-month carry over provision) and '3)
of physicians' visits and inpatient hospital expenditures for covered services rendered
care days, and outpatient institutional care beyond the speclfiea limits on physician
days under programs for mental Illness, al- visits (excl tiding mental Ulness), on in-
coholism, and drug dependence (except for patient hospital care days, and on outpatient
extended care and nursing home care days) institutional care davs under programs for
would become Inapplicable when the catas- mental illness, alcoholism, or drug depend-
trophic expense benefits provision is in effect, ence.
(b) describes the conditions under which d„_,,i„«j,^„ ,„, ^„.™„,»i,„^oj,.„ i.^ >♦; - -
catastrophic expense benefits would take ef- R<^9ulaticms for comprehensive health care
feet. These benefits would be Instituted auto- ^
matically for the low-income persons and Section 226(a) calls for the issuance of
families (I.e., those in income class 1). so regtilatlons by the Secretary to Implement
that no out-of-pocket expenditures would be the benefit table, in addition to regulations
and standards required in other sections of
the bUl.
(b) provides guidelines for the Secretary
in developing regulations relating to health
maintenance benefits, In particular, specifi-
cation of the services that the* Secretary may
wish to require In the periodic health evalu-
ation portion of CHCB. Speclil attention
through the development of regulations is
also given to dental services and vision serv-
ices, under the expectation that the Secre-
tary shall prescribe the scope of benefits for
these services, and allow for future increases,
based on the availability of resources.
(c) provides guidance to the Secretary In
other key areas of CHCB. including the es-
tablishment of the national categories of
drugs for outpatient care. The Secretary is
directed to list those categories which he
finds to be necessary for the treatment of
diseases or conditions requiring drug
therapy of such duration and coat as com-
monly to Impose substantial financial hard-
ship, and also list the diseases for which
irugs are required for treatment, diseases
deemed by the Secretary of special impor-
tance to the public health, e.g. VD. With re-
spect to the latter drug categories, ambula-
tory benefits extend only to categories of
^ugsloT mseLeT or con^ditron^tLls l^ted StTrmTned'cLrt^^f^^" ^'t '"'^H°' ^''' ^'^ °^ ^^« ^^''^^ = ^-' ^^ ^^
,.4fw ,»=^»„* ♦„ .* T^.^ „».*. , ..,.. predetermined capitationdharges to provide after the dat* nf pnar-tmor.*- r.f »>,.„ a^.
;i4
CONGRESSIONAL RECORD— HOUSE
January 9, 1973
Requirement that carriers participate
under State plan
Section 233 requires that a carrier agree to
participate in a coverage pool if so required
( in accordance with provisions of a State
plan pursuant to Section 124(b) (7) ) In order
to qualify for a contract with Department of
Health, Education, and Welfare or for Issu-
ance of CHCB coverage eligible for a federal
premium subsidy under Section 202(c).
Conditions of approval of carrier contracts
or plans for Federal premium subsidy
Section 234 provides that the Secretary
shall for the purpose of the Federal premium
subsidy under Section 202(c) approve a car-
agalnst the United States concernine thu
part of the Act. "^ '^
Prospective regulations
Section 240 specifies that contract regula-
tions, or amendments thereto, or to this title
shall not apply until the next contract year
If their applications would increase the ob-
ligations or adversely affect the rights of a
contracting carrier unless made applicable
by the contract tiself or by amendment
thereto.
TITLE III— EFFECTIVE DATES
TRANSITIONAL EFFECTIVE DATES
Section 301(a) except as otherwise provided
January 9, 1973
CONGRESSIONAL RECORD— HOUSE
515
rler prepayment plan or contract only If It *° ^^^^ section and in section 302 (including
is in conformity with applicable State stand- *°y amendments made by it to existing law)
ards and regulations and contains payment ^^"^^ ^^ effective upon the date of the enact-
provisions and protective provisions (sped- nient of this Act.
fled In Section 124(b)(7)) similar to those (^' sections 101, 102, 107(a), 109, 110, 111,
provided for In Section 108 for Department of ^"'^ ^^^ and parts B and C of Title I shall
Health, Education, and Welfare contracts '-*^® effect upon the first January l or July
with carriers. ^ which occurs 6 months or more after the
date of enactment of this Act.
(c) Section 107(b), 128 (with respect fo
States which have not complied with Sec-
tions 122 and 124), and the amendments
made by Section 201 shall take effect on the
with carriers.
Contracts with health care corporations on
capitation basis
Section 235 makes it possible for HEW to
enter into a contract with a Health Care
»'ith respect to It. This section also requires
;he Secretary to develop special regulations
ind standards relating to CHBC categories of
■prosthetic devices and medical appliances"
ind to the special outpatient Institutional
;are programs related to the treatment of
nental illness, alcoholism and drug depend-
ence.
Phasing of benefits
Section 227 requires the Secretary to sub-
nlt recommendations for the expansion of
ienefits after the first five years of the pro-
gram and to give special consideration to the
expansion of dental and vision service bene-
its.
Other definitions
Section 228 defines the terms "drug", "ex-
ended care services ', "using home care",
heilth-related custodial care", "home health
ervices", "inpatient hospital care", "physl-
lan" (by cross reference to section 1861 (r)
)f the Social Security Act) , "physicians' serv-
ces", and "attending physicians". These
errtis all occur In the benefit table, except
or ''health-related custodial care" which is
)eferred to in section 223.
: ART C CARRIERS FOR COMPREHENSIVE HEALTH
CARE BENEFITS
Definition of "Carrier"
Section 231 broadly defines carriers as non-
! overnmental organizations that underwrite
: nsurance for the cost of health care, or pro-
' ide health benefit plans of the service type,
1 n consideration of predetermined premiums,
.approved Health Care Corporations qualify
under the definition if they charge for cov-
(red health care on an annually predeter-
I lined capitation basis in accordance with
Section 136(b). »
Determination of qualified carrier
Section 232 establishes qualifications for
^rriers. essentially that they must be au-
Thorized in each State for whose residents
t hey 9perate health benefit prepayment plans
cr insurance at group rates, must comply
■. ith Section 233, must meet any special Fed-
« ral standards in the case of a contract with
Health "and must, with respect to
coverage (under other contracts) for which
9 Federal premium contribution is requested,
fccdrd to Department of Health, Education,
and Welfare and Its agents the same In-
f srmational rights and access to records that
department of Health, Education, and Wel-
frae Is entitled to In the case of coverage
{ urchased by the Secretary.
capitation dharges to provide
Comprehensive Health Careffieneflts to which
registrants are entitled unddr Section 202(b) .
The copayment component! of the corpora-
tion's capitation charges or any separate co-
payments charged for by ttie corporation,
would not be paid by the Secretary but col-
lected by the corporation directly from the
registrant. This section makes the same re-
quirement of corporations with respect to
records and notification of registrants as Sec-
tion 108 Imposes on carriers. Corporations are
also required to establish record and pay-
ment centers and to Issue Identical member-
ship cards to all of their registrants to pre-
vent discrimination on account of economic
status at the p)olnt of service.
Effect of nonpayment
Section 236(a) sets forth requirements for
premium contributions and special pre-
miums to be paid in advance to carriers by
or on behalf of Individuals.
(b) contains provisions for termination of
benefit coverage (subject to a grace period)
in the event of nonpayment with respect to
the above.
Enrollment under contracts voith carriers
Section 237(a) vests authority in the Sec-
retary to establish regulations tor the enroll-
ment of registrants entitled tJ Department
of Health-purchased Comprehensive Health
Care Benefits.
(b) limits the types of enrollment to en-
rollment by a registrant for himself only or
for himself and his spouse and other regis-
trants who are members of his family. The
conditions for change in type of enrollment
are left to regulations. The Individual enroll-
ing for himself and his family Is held liable
for premium contributions related to family
coverage.
(c) specifies that to the optimum extent
open enrollment periods under this section
and open registration periods for Health Care
Corporations shall be coordinated, and that a
corporation's registration center shall pro-
vide Information concerning enrollment.
Reports by, and audits of. carriers
Section 238 states that contracts shall re-
quire carriers to make such reports as the
Secretary finds necessary, to keep essential
records, and to assure the correctness and
verification of its reports.
Jurisdiction of courts
Section 239 Invests district courts with
original Jurisdiction, concurrent with the
Court of Claims, of a civil action or claim
after the date of enactment of this Act.
FULL OPERATION OF PROGRAM
Section 302. The program under this Act
shall be fully in operation, and the benefits
of part B of Title II shall be fully effective
and available (in lieu of any benefits which
would otherwise be available under Title
XVIII of the Social Security Act), in accord-
ance with all the provisions of this Act, on
and after the first day of the fifth fiscal year
which begins after the date of enactment of
this Act.
H.R. 1
A bUl to establish a new program of health
care delivery and comprehensive health
care benefits (including catastrophic cov-
erage) . to be available to aged persons, and
to employed, unemployed, and low-income
Individuals, at a cost related to their in-
come.
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That this
Act, divided into titles, parts, and sections
In accordance with the following table of
contents, may be cited as the "National
Health Care Services Reorganization and Fi-
nancing Act".
TABLE OF CONTENTS
Sec. 2. Findings and declaration of purpose.
Sec. 3. Definitions.
TITLE I— REORGANIZATION OF NATIONAL
HEALTH SEVICES
Sec. 100. Short title.
Part A — Department of Health
Sec. 101. Establishment of Department.
Sec. 102. Transfers to Secretarj' and chief
medical ofiBcer.
Sec. 103. Redeslgnatlon of Department of
Health Education, and Welfare.
Sec. 104. Administrative provisions.
Sec. 105. Annual report.
Sec. 106. Savings provisions.
Sec. 107. Codification.
Sec. 108. Definition.
Sec. 109. Conforming amendments.
Sec. 110. Effective date; initial appointment
of officers.
Part B — Federal Administration of Health
Care Program
Sec. 111. Functions and responsibilities of
Secretary.
Sec. 112. Regulations of the Secretary.
Sec. 113. National Health Services Advisory
Council.
Sec. 114. Studies of delivery and financing
of health care.
Sec. 115 Utilization of State agencies.
Sec. 116. Federal financing responsibilities
for health services.
tiec. 117. Contracting authority of the Sec-
retary.
Sec. 118. Federal responsibility for develop-
mental grants.
Sec. 119- Authorization of developmental
financial assistance.
Sec. 120. Grants for State plans.
Sec. 121. Financial assistance under other
programs.
Sec. 122. Penalties for fraud.
Part C — State Functions
Sec. 131. General conditions of State par-
ticipation.
Sec. 132. State Health Commissions.
Sec. 133. State Advisory Councils.
Sec. 134. State health care plans.
Sec. 135. Designation of health care areas.
Sec. 136. Regulatory functions of State
Health Commissions.
Sec. 137. Judicial review.
Sec. 138. Federal exercise of State functions
In cases of noncompliance by
States.
Sec. 139. Cooperative interstate activities
and uniform laws.
Sec. 140. Other administrative procedures.
Part D — Health Care Corporation
Sec. 141. Incorporation and State approval.
Sec. 142. Registration with Health Care
Coroora'lcns.
Sec. 143. UndertaKing to furnish services.
Sec. 144. Quality of services.
Sec. 145. Participation of professional prac-
titioners.
Sec. 146. Charges by Health Care Corpo-
rations and other providers.
Sec. 147. Continuing personal health record.
Sec. 148. Participation by registrants;
health education.
Sec. 149. Non-discrimination; complaints.
Sec. 150. Responsibilities for manpower and
for research.
Sec. 151. Records and reports.
Part E — Special Study of Methods for Meet-
ing Capital Needs of Hospitals and Re-
lated Health Care Organizations
Sec. 161. Findings and purpose.
Sec. 162. Special study.
•nXLE II— FINANCING OF N.\TIONAL
HEALTH SERVICES
Sec. 200. Short title.
Part A — Employer Requirements and
Entitlement to Benefits
Sec. 201. Requirement of Comprehensive
Health Care Benefits coverage
for employees.
Sec. 202. Entitlement to benefits federally
subsidized.
Sec. 203. Income classes.
Sec. 204. Periodic revision of income
classes.
Sec. 205. Determination of income level.
Sec. 206. Premium contributions for fed-
erally contracted coverage.
Sec. 207. Income tax deductions by indi-
viduals.
Sec. 208. Limitation of Medicaid to sup-
plementation of Comprehensive
Health Care Benefits.
Part B — Comprehensive Health Care
Benefits
Sec. 221. Payment for Comprehensive
Health Care Benefits.
Sec. 222. Definition of Comprehensive
Health Care Benefits.
Sec. 223. Limitation and exclusions.
Sec. 224. Copayment provisions.
Sec. 225. Catastrophic Expense Benefits.
Sec. 226. Regulations for Comprehensive
Health Care Benefits.
Sec. 227. Phasing of additional benefits.
Sec. 228. Other definitions.
Part C — Carriers for Comprehensive Health
Care Benefits
Sec. 231. Definition of "carrier".
Sec. 232. Determination of qualified car-
rier.
Sec. 233. Requirement that carriers .par-
ticipate under State plan.'
Sec. 234. Conditions of approval of carrier
contracts or plans for Federal
premium subsidy.
Sec. 235. Contracts with Health Care Cor-
porations on capitation basis.
Sec. 236. Effect of nonpayment of pre-
miums.
S2C. 237. Enrollment under contracts with
carriers.
Sec. 238. Reports by and audits of carriers.
Sec. 239. Jurisdiction of courts.
Sec. 240. Prospective regulations.
TITLE III— EFFECTIVE DATES
Sec. 301. Transitional effective dates.
Sec. 302. Full operation of program.
findings and declaration of purpose
Sec. 2. (a) Recognizing that health care
Is an Inherent right of each Individual and
of all the people of the United States, and
that in fulfilling this right each individual
shares the responsibility for protecting his
or her own health and. for obtaining health
care when required, the Congress finds and
declares that health services must be so
organized and financed as to make them
readily available to all, without regard to
race, creed, color, sex, or age, and without
regard to any person's ability to pay; that
the services must be so provided as to en-
hance the dignity of the Individual and pro-
mote better life for all; and that it is a func-
tion of Government to assure that these
ends are attained.
(b) Tlie Congress finds that achievement
of these purposes requires substantial modi-
fication of the organization and methods of
delivery of health services and the methods
cf financing them, and that these purposes
will best be served by the creation of a na-
tionwide system of independent Health Care
Corporations embodying the principles —
( 1 ) that each corporation should combine,
either in its own structure or by affiliation,
institutions and professionals qualified to
furnish the entire. range of health services,
and should provide to its registrants an Inte-
grated and comprehensive program of health
services, emphasizing preventive and out-
patient care and embracing health mainte-
nance services, primary care, specialty care.
rehabilitative care, and health-related custo-
dial care;
(2) that such Independent corporations
should span the Nation, so that every resi-
dent of the country will have the oppor-
tunity to register with a corporation and,
where practicable, a choice among corpora-
tions; and
(3) that such corporations should be
locally established and operated, but should
be subject to State regulation and to na-
tional standards of quality and scope of
services;
and the Congress finds that, with financial
assistance by the Federal Government In
the development of Health Care Corpora-
tions and the creation of needed outpatient
facilities, such a system can become opera-
tive nationwide within five years after the
enactment of this Act.
(c) The Congress further finds that, In
addition to stimulating and assisting the
creation of Health Care Corporations and
the establishment of State Health Com-
missions, and setting nationwide standards
for the operation of Health Care Corpora-
tions, the functions of the Federal Govern-
ment, exercised primarily through a new
Department of Health established to deal
exclusively with health and related matters,
should Include financial assistance to mem-
bers of the public In obtaining the services
of such corporations. In accordance with
the principles —
(1) that the Federal Government should
require all employers to participate In the
purchase of Comprehensive Health Care
Benefits for their employees;
(2) that the Federal Government should
assimie the cost of purchasing or subsidizing
health Insurance for those unable to pay
for it, or unable to pay In full;
(3) that social Insurance should con-
tinue to finance hospital care for the aged
and that general revenues be used to fully
finance medical care; and
(4) that to encourage participation by
Individuals in new health delivery and bene-
fit programs the Federal Government should
bear a part of the cost of services.
(d) Pursuant to the foregoing findings,
and to carry out the foregoing declarations,
the Congress by the enactment of this Act
declares and provides —
( 1 ) that all persons residing In the United
States will be eligible to participate in the
program created by this Act, beginning In
the fifth year after Its enactment;
(21 that each person so participating will
be entitled to receive from a Health Care
Corporation services as described in this
title. If he has registered with the corpora-
tion and has obtained a qualified health
benefit coverage from a carrier, or on the
basis of his Income or his age has been pro-
vided with such a coverage;
(3) that such coverage will be provided
through a Government contribution without
cost to persons In the lowest Income bracket
and at reduced cost to persons in the other
income brackets specified In this title; and
(4) that such coverage will be provided
through social Insurance and general re-
venues to persons who have attained the
age of 65.
definitions I
Sec. 3. For the purposes of this tltli —
( 1 ) the term "Comprehensive Health Care
Benefits means the benefits described In part
B of title II;
(2) the term "State" Includes the District
of Columbia and the Commonwealth of
Puerto Rico;
(3) the term "United States", when used in
a geographical sense, means the fifty States,
the District of Columbia, and the Common-
wealth of Puerto Rico;
(4) the term "Governor" Includes the Com-
missioner of the District of Columbia; and
(5) the term "Secretary" means the Sec-
retary of Health.
TITLE I— REORGANIZATION OF NATIONAL
HEALTH SERVICES
short title
Sec. 100. This title may be cited as the
"National Health Care Services Reorganiza-
tion Act".
Part A — Department of Health
establishment of department
Sec. 101. (a) There is established at the
seat of government an executive department
to be known as the Department of Health
(hereinafter In this Act referred to as the
"Department"). There shall be at the head
of the Department a Secretary of Health
(hereinafter in this Act referred to as the
"Secretary"), who shall be appointed bv the
President, by and with the advice and con-
sent of the Senate.
(b) There shall be in the Department an
Under Secretary, who shall be appointed by
the President, by and with the advice and
consent of the Senate. The Under Secretary
(or, during the absence or disability of the
Under Secretary, or In the event of a vacancy
in the office of Under Secretary, an Assistant
Secretary or the General Counsel, determined
according to such order as the Secretarj' shall
prescribe* shall act for, and exercise the
powers of, the Secretary during the absence or
disability of the Secretary or In the event of
a vacancy in the office of Secretary. The Un-
der Secretary shall perform such functions
as the Secretary shall prescribe from time to
time.
(c) There shall be In the Department seven
Assistant Secretaries and a General Counsel,
who shall be appointed by the President by
and with the advice and consent of the Sen-
ate, and who shall perform such functions
516
I
CONGRESSIONAL RECORD— HOUSE
January 9, 1973
as the Secretary shall prescribe from time to
time.
(di There shall be In the Department a
Chief Medical Officer who shall be appointed
by the President, by and with the advice and
consent of the Senate, without regard to po-
litical affiliation and solely on the basis of
fitness to perform the duties of the position.
The term of office of the Chief Medical Officer
shall be six years, except that an individual
serving as Chief Medical Officer may upon
the expiration of his term of office continue
K> serve until his successor shall have been
appointed and qualified.
TRANSFERS TO SECRETARV AND CHIEF MEDICAL
I OFFICER
Sec. 102. (at Except as provided In sub-
section «b), there are transferred to the Sec-
retary all functions of the Secretary of
Health. Education, and Welfare under the
following laws and provisions of law:
(li The Public Health Service Act.
(2) The Family Planning Services and
Population Research Act of 1970.
(3 I The Comprehensive Alcohol Abuse and
Alcoholism Prevention. Treatment, and Re-
habilitation Act of 1970.
i4i Section 232 of the National Housing
Act I relating to mortgage insurance for nurs-
ing homes) .
tSi Title XI of the National Housing Act
(relaling to mortgage insurance for group
practice facilities) .
(6i The Mental Retardation Facilities and
Community Mental Health Centers Construc-
tion Act of 1963.
(7) Section 4 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970.
(8) The Controlled Substances Act.
(9i The Act of August 5, 1954 (42 U.S.C.
2001-2004ai (relating to hospital and other
health facilities for Indians) .
(10) The Act of August 16. 1957 (42 U.S.C.
2005-2005fl (relating to community hos-
pitals for Indians) . ^
(11) Chapter 175 of title 28 of the United
States Code (relating to civil commitment
and rehabilitation of narcotic addicts).
(12 1 Chapter 314 of title 18 of the United
States Code (relating to sentencing of nar-
cotic addicts to commitment for treatment ) .
(13) Title III of the Narcotic Addicts Re-
habilitation Act of 1966 (relating to civil
commitment of persons not charged with any
criminal offense i and section 602 of such Act.
(14) The Federal Cigarette Labeling and
Advertising Act.
(15) The Federal Pood. Drug, and Cos-
metic Act.
(16) The Federal Hazardous Substances
Act
17 1 The Poison Prevention Packaging Act
J 970
The Fair Packaging and Labeling Act
The Act of March 2, 1897 (21 U.S C.
41-50) (relating to tea importation). *
(20) The Act of March 4, 1923 (21 U.S.C.
61-64) (relating to filled milk) .
(21) The Ac"t of February 15, 1927 (21
U.S.C^ 141-149) (relating to importation of
milk).
(22) The Federal Caustic Poison Act.
(23) The Flammable Fabrics Act.
in 24) The Federal Coal Mine Health and
Sfjfety Act of 1969 (other than title IV
thereof) .
"t25) The District of Columbia Medical
Frcilittes Construction Act of 1968.
(26) The Occupational Safety and Health
A(Jt of 1970.
'(27) The Lead-Based Paint Poisoning Pre-
vention Act.
S28) Titles XVin. XIX, II. and V of the
Srtial Security Act Insofar as such titles re-
la' e to the provision of health care services.
<29) The District of Columbia Medical and
Dental Manpower Act of 1970.
1(30) The Drug Abuse Office and Treatment
Art of 1972.
tb) The functions of the Secretary of
Health, Education, and Welfare respecting
(1^ the commissioned Regular Corps and
'I
Act.
.W7(
of |970
(38)
fl9)
Reserve Corps of the Public Health Service,
(2) the administration of section 329 of the
Public Health Service Act (relating to as-
signment of health personnel of the Public
Health Service to critical need areas), and
(3) the administration and operation of
health care delivery facilities of the Public
Health Service shall be exercised by the Chief
Medical Officer under the supervision and
direction of the Secretary of Health.
(c) Within one hundred and eighty days
of the effective date of this part the President
may transfer to the Secretary any function
not transferred to Uie Secretary by subsec-
tion (a) of this se»on, if the Director of the
Office of Management and Budget determines
such function (1) relates primarily to func-
tions transferred by such subsection to the
Secretary, or (2) otherwise relates to health.
REDESIGNATION OF DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE
Sec. 103. (a) The Department of Health,
Education, and Welfare, the Secretary of
Health, Education, and Welfare, the Under
Secretary of Health. Education, and Welfare,
the Assistant Secretaries of Health. Educa-
tion, and Welfare, the General Counsel of
the Department of Health, Education, and
Welfare, and the Assistant Secretary of
Health, Education, and Welfare for Admin-
istration shall on and after the effective date
of this part be known and designated as the
Department of Education and Welfare, the
Secretary of Education and Welfare, the
Under Secretary of Education and Welfare,
the Assistant Secretaries of Education and
Welfare, the General Counsel of the Depart-
ment of Education and Welfare, and the
Assistant Secretary of Education and Welfare
for Administration, respectively.
(b) Any reference in a law, regulation,
document, or other record of the United
States to the Department of Health, Educa-
tion, and Welfare or an office the title of
which Is redesignated by subsection (a) of
this section shall be held and considered to
be a reference to the Department of Educa-
tion and Welfare or to such office as so
redesignated.
ADMINISTRATIVE PROVISIONS
Sec. 104. (a) In addition to the authority
contained in any other Act which Is trans-
ferred to the Secretary, the Secretary is avi-
thorized. subject to the provisions of title 5,
United States Code, relating to appointments
In the competitive service and to cla.sslfica-
tlon and General Schedule pay rates, to se-
lect, appoint, employ, and fix the compensa-
tion of such officers and employees, includ-
ing investigators, attorneys, and hearing ex-
aminers, as are necessary to carry out his
functions and to prescribe their authority
and duties.
(b) The Secretary may obtain services as
authorized by section 3109 of title 5, United
States Code, but at rates for individuals not
to exceed the daily equivalent of the rate
In effect for grade GS-18 of the General
Schedule, unless otherwise specified tn an
appropriation Act.
(c) The Secretary may, in addition to the
authority to delegate and redelegate con-
tained In any other Act, in the exercise of the
functions transferred to the Secretary by
this part, delegate any of his functions to
such officers and employees of the Depart-
ment as he may designate, may authorize
such successive redelegatlons of such func-
tions as he may deem desirable, and may
make such rules and regulations as may be
necessary to carry out his functions.
(d) So much of the positions, personnel,
assets, liabilities, contracts, property, records,
authorizations, allocations, and other funds
employed, held, used, arising from, available
or to be made available, in connection with
the functions transferred by section 102 as
the Director of the Office of Management and
Budget shall determine shall be transferred
to the Secretary. Except as provided in sub-
section (e), personnel engaged in functions
transferred under this part shall be trans-
ferred in accordance with applicable laws and
regulations relating to transfer of functions
(e) The transfer of personnel pursuant to
subsection (d) of this section shall be with-
out reduction In classification or compensa-
tion for one year after such transfer.
(f ) In any case where all of the functions
of any office or agency are transferred pur-
suant to this part, such office or agency shall
lapse.
(g) The Secretary is authorized to estab-
lish a working capital fund to be available
without fiscal year limitation, for expenses
necessary for the maintenance and operation
of such common administrative services as
he shall find to be desirable in the interest
of economy and efficiency in the Department
including such services as a central supply
service for stationery and other supplies
and equipment for which adequate stocks
may be maintained to meet in whole or in
part the requirements of the Department
and its agencies; central messenger, mail,
telephone, and other communications serv-
ices; office space, central services for docu-
ment reproduction, and for graphics and
visual aids; and a central library service. The
capital of the fund shall consist of any ap-
propriations made for the purpose of pro-
viding capital (which appropriations are
hereby authorized) and the fair and reason-
able value of such stocks of supplies, equip-
ment, and other assets and inventories on
order as the Secretary may transfer to the
fund, less the related llabi'lltles and unpaid
obligations. Such fund shall be reimbursed
In advance from available funds of agencies
and offices in the Department, or from other
sources, for supplies and services at rates
which will approximate the expense of op-
eration, including the accrual of annual
leave and the depreciation of equipment.
The fund shall also be credited with receipts
from sale or exchange of property and re-
ceipts In payment for loss or damage to prop-
erty owned by the fund. There shall be cov-
ered into the United States Treasury as mis-
cellaneous receipts any surplus found in the
fund (all assets, liabilities, and prior losses
considered) above the amounts transferred
or appropriated to establish and maintain
such fund.
(h) The Secretary may approve a seal of
office for the Department, and judicial notice
shall be taken for such seal.
(i) In addition to the authority contained
in any other Act which is transferred to and
vested in the Secretary, as necessary, and
when not otherwise available, the Secretary
is authorized to provide for, construct, or
maintain the following for employees and
their dependents stationed at remote locali-
ties:
(1) Emergency medical services and sup-
plies;
(2) Pood and other subsistence supplies;
(3) Messing facilities;
(4) Motion picttire equipment and film
for recreation and training; and
(5) Living and working quarters and fa-
culties.
The furnishing of medical treatment under
paragraph (1) and the furnishing of ser.'-
Ices and supplies under paragraphs (2) and
(3) of this subsection shall be at prices re-
flecting reasonable value as determined by
the Secretary, and the proceeds therefrom
shall be credited to the appropriation from
which the expenditure was made.
(j) The Secretary is authorized to accept,
hold, administer, and utilize gifts and be-
quests of property, both real and personal, for
the purpose of aiding or facilitating the work
of the Department.
(k) The Secretary Is authorized to appoint,
without regard to the provisions of title 5.
United States Code, relating to appointments
In the competitive service, such advisory
committees as may be appropriate for the
purpose of consultation with and advice to
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
517
\
the Department in performance of Its func-
tions. Members of such committees, other
than those regularly employed by the Federal
Government, while attending meetings of
such committees or otherwise serving at the
request of the Secretary, may be paid com-
pensation at rates not exceeding those au-
thorized for individuals under subsection (b)
of this section, and while so serving away
from their homes or regular places of busi-
ness, may be allowed travel expenses, includ-
ing per diem in lieu of subsistence, as au-
thorized by section 5703 of title 5. United
States Code, for persons in the Government
service employed intermittently.
(11(1) The Secretary is authorized to
enter into contracts with eudcational insti-
tutions, public or private agencies or orga-
nlzatlDiis. or individuals for the conduct of
research into any aspect of the problenis re-
lated to the programs of the Department
which are authorized by statute.
(2) The Secretarv- may from time to time
disseminate in the form of reports or pub-
lications to public or private agencies or or-
ganizations, or individuals such iiifomia-
ton as he deems pertinent on the research
carried out pursuant to this subsection.
(3) Nothing contained In this subsection
Is intended to amend, modify, or repeal any
provision of law administered by the De-
partment which authorizes the making of
contracts for research.
Sec.
ANNUAL REPORT
105. The Secretary shall, as soon, as
practicable after the end of each fiscal year,
make a report la writing to the President
for submission to the Congress on the ac-
tivities of the Department during the pre-
ceding fiscal year. ,
SAVINGS PROVISIONS
Sec. 106. (a) All orders, determinations,
niles, regulations, permits, contracts, cer-
tificates, licenses, and privileges —
(1) which have been issued, made,
granted, or allowed to become effective in
the exercise of any function tr.msferred by
this part, and
(2) which ar? in effect at the time this
part takes effect,
shall continue in effect according to their
terms until modified, terminated, super-
seded, set aside, or repealed by the Secre-
tary, by any court of competent jurisdiction,
or by operation of law.
(b) This part shall not affect any pro-
ceedings pending at the time this section
takes effect before any officer, any function
of whom is transferred by this part; but such
proceedings, to the extent that they relate
to functions so transferred, shall be contin-
ued before the Department. Such proceed-
ings, to the extent they do not relate to
functloiis so transferred, shall be continued
before the officer before whom they were
pending at the time of such transfer. In
either case orders shall be Issued in such
proceedings, appeals shall be taken there-
from, and payments shall be made pursuant
to such orders, a.s if this part had not been
enacted: and orders Issued in any such pro-
ceedings shall continue in effect until modi-
fied, terminated, superseded, or repealed by
the Secretary, by a court of competent ju-
risdiction, or by operation of law.
(c)(1) Except as provided In paragraph
(2) —
(A) the provisions of this part shall not
affect suits commenced prior to the date this
section takes effect, and
(B) in all such suits proceedings shall be
had, appeals taken, and Judgments rendered.
In the same manner and effect as if this part
had not been enacted.
No suit, action, or other proceeding com-
menced by or against any officer In his offi-
cial capacity shall abate by reason of the
enactment of this part. Causes of action,
suits, actions, or other proceedings mav be
asserted by or against the United State's or
such official of the Department as may "^e
appropriate and, in any litigation pending
when this section takes effect, the court
may at any time, on ts own motion or that
is a party to a suit, and under this part any
effect to the provisions of this subsection.
(2) If before the date on which this part
takes effect any officer In his official capacity
Is a party to a suit, and under this part any
function of svich officer is transferred to the
Secretary, then such suit shall be continued
by the Secretary (except in the case of a
suit not involving functions transferred to
the Secretary, in which case the suit shall
be continued by the officer who was a party
to the suit prior to the effective date of this
part).
(d) With respect to any function trans-
ferred by this part and exercised after the
effective date of this part, reference in any
other Federal law to any officer, any function
of whom is so transferred shall be deemed
to mean the officer In whom this title vests
such function after such transfer.
(e) Orders and actions of the Secretary
in the exercise of functions transferred un-
der this part shall be subject to jud.clal re-
view to the same extent and in the same
manner as if such orders and actions had
been by the officer exercising such func-
tions, immediately preceding their transfer.
Any statutory requirements relating to no-
tice, hearings, action upon the record, or
administrative review that apply to any
function transferred by this part shall apply
to th3 exercise of such function by the Sec-
retary.
(f ) In the exercise of the functions trans-
ferred under this part, the Secretary shall
have the same authority as that vested In
the officer exercising such functions Im-
mediately preceding their transfer, and the
Secretary's actions in exercising such func-
tions shall have the same force and effect
as when exercised by such officer.
CODIFICATION
Sec. 107. The Secretary is directed to sub-
mit to the Congress within two years from
the effective date of this part a proposed
codification of all laws which contain func-
tions transferred to the Secretary by this
part.
DEFINITION
Sec 108. For purposes of this part, the
term "function" includes power and duty.
CONFORMING AMENDMENTS
Sec 109. (a) Section 19(d)(1) of title 3,
United States Code, is amended by striking
out "Secretary of Health, Education, and
Welfare" and inserting in !leu thereof "Sec-
retary of Education and Welfare", and by
inserting before the period at the end there-
of the following: ". Secretary of Health".
(b) Section 101 of title 5, United "States
Code, is amended by striking out "Health,
Education," In the antepenultimate para-
graph and Inserting In lieu thereof "Educa-
tion" and by inserting below the last para-
graph the following:
"The Department of Health".
(c) Subchapter II (relating to executive
schedule pay rates) of chapter 53 of title 5
of the United States Code is amended as
follows :
(1) Section 5312 is amended by striking
out "Health, Education," in paragraph (10)
and inserting in lieu thereof "Education",
and by adding below paragraph (12) the fol-
lowing :
"(13) Secretary of Health.""
(2) Section 5314 is amended by striking
out "Health, Education," in paragraph (6)
and inserting In lieu thereof "Education",
and by adding below paragraph (59) the
following:
"(60) Under Secretary of Health."
(3) Section 5315 is amended by striking
out "Health. Education," in paragraphs (17)
and (41) and inserting In lieu thereof "Edu-
cation", and by adding after paragraph (97)
the following:
"(98) General Counsel, Department of
Health.
"(99) Assistant Secretaries of Health (7)."
(4) Section 5316 is amended by striking
out "Health, Education," in paragraphs (24).
(51), (52), and (53) and inserting in lieu
thereof "Education".
(5) Paragraph (43) of section 5316 is
amended by striking out ". Education, and
Welfare".
(6) Section 5317 is amended by striking
out "34" and inserting in lieu thereof "36".
EFFECTIVE DATE; INITIAL APPOINTMENT
OF OFFICERS
Sec 110. (a) This part and the amend-
ments made by this part shall take effect
ninety days after its enactment, or on such
prior date after enactment of this Act as
the President shall prescribe and publish
in the Federal Register.
(b) Any of the officers provided for In this
part may (notwithstanding subsection (a))
be appointed in the manner provided for in
this part, at any time after the date of en-
actment of this Act. Such officers shall be
compensated from the date they first take
office, at the rates authorized by this part.
Such compensation and related expenses of
their offices shall be paid from funds avail-
able for the functions to be transferred to
the Department pursuant to this part.
Part B — Federal Administration of
Health Care Programs
functions and responsibilities of the
secretary
Sec 111. (a) The Secretary shall be
charged with responsibility for the planning,
administration, operation, coordination, and
evaluation of all programs transferred to him
under part A of this title as well as the
health care program under this Act.
(b) With respect to the program under
this Act, the Secretary shall be speclScally
charged with responsibility for —
(1) continuous review of the activities of
State Health Commissions;
(2) liaison with all Federal agencies ad-
ministering health or health-related pro-
grams, and with private national accrediting
and other agencies concerned with stand-
ards of care and quallficatior.s of health
personnel. Including the approval and listing
of certifying bodies;
(3) annual reports, to be transmitted
through the Secretary to the President, first
to evaluate the progress of State plans and
the development of health care corporations,
and thereafter to evaluate the national pro-
gram, including recommendations for legis-
lation. If any; and
(4) dissemination to State governments,
and to providers of service ar.d the public,
of all pcrtirent information about the na-
tional program, and to State governments,
providers of service, and pote:.tlal sponsors
of health care corporations of information
concerning the organization and responsibili-
ties of such corporations.
regulations of the secretary
Sec. 112. (a) In addition to regulations
specifically required or authorized bv this
title, the Secretary is authorl7Pd to prescribe
such further regulations, not inconsistent
with law. as he deems necessary to the effi-
cient administration of the title. Regulatior.s
shall be issued In accordance with the provi-
sions of section 553 of title 5, United States
Code.
(b) In addition to authority otherwise
conferred by this title, the Secretary Is au-
thorized to prescribe by regulation —
(1) uniform systems of accounting to be
used in determining the reasonableness of
the budgets and charges of Health Care Cor-
porations and other providers of health care:
(2) the method or methods to be use-^. and
the elements to be considered, in determln-
518
I
CONGRESSIONAL RECORD — HOUSE
Ing, for the purposes of section 146. the fi-
nancial requlremerrt^ of Health Care Corpo-
rations and other providers, Including —
(A) for such corporations and for Instltu-
tlcwis —
fl > requirements for direct and indirect ex-
penses for patient care services. Including
su h services to Indigents with respect to
whom payment by or for the patient Is
wa ved in whole or In part by the corporation
or ^institution, but reduced by the amount'of
an; grants (Including Income from endow-
m«ftits) earmarked by the donor or resrtved
by the governing body of the corporation or
Institution for payment for such services:
(fill requirements to defray any defi'clt of
approved education or training programs and
of approved research programs;
ail) requirements for minor remodeling of
facilities;
("Ivi requirements for current operating
neads (working capital) or to meet con-
tingencies;
(}■) requirements for allowable Interest on
funds borrowed;
rvl ) requirements to meet other operating
expenses required to meet standards Imposed
un(ier this Act, such as patient education
programs:
rvll) requirements of speclflc price level
depreciation to establish and perpetuate a re-
volving fund to meet ongoing expenditures
for the purchase of major movable equip-
ment;
(vlil) requirements of general price level
depreciation on other plant and equipment
facilities for the maintenance and preserva-
tion of the corporation's or Institution's
assets; »
Ms) requirements for prospective accumu-
lation of funds or current payments for con-
struction, replacements, major moderniza-
tion, or expansion of plant, equipments and
services, approved by the planning process,
and debt amortization of these projects In
those years when the expenditures for those
projects exceed the sum of depreciation pay-
ments under clauses (vli) and (vlil), pro-
vided that the corporation or Institution
makes assurances to the State health com-
mission that the total payments for these
financial requirements over the life of the
facilities will not exceed their general price
level depreciation charges; and
(xl requirements for a return (Including
but at no less a rate than the interest on
debt capital i on total assets employed in the
provision of institutional health services.
with the Secretary determining annually a
reasdnable rate after consideration of rates
of return on investments of comparable risk
and with such rate of return being Included
as a factor In developing prospective rates
in the.case of Investor-owned Institutions or
serving as a basis for evaluating the total
financial requirements In the case of non-
profit institutions or corporations; and
iB) for Individual providers or groups of
providers, all reasonable fees, salaries, or
other compensation for needed professional
and related services:
(3) standards of quality and standards of
safety for all facilities of. and all services
furnished by. Health Care Corporations (in-
cluding facilities of. and services furnished
by. affiliated providers or other providers act-
ing under arrangements with such corpora-
tions) and other providers; such standards to
require, as a minimum, that hospitals, skilled
nursing facilities, and home health a-^encies
(mcludlng units of Health Care Corporations
performing the functions of any such Insti-
tutions) meet the applicable statutory re-
quirements, pertaining to qualltv and safety
contained in title XVIII of " the Social
Security Act. and that other nursing homes
meet such of the foregoing requirements as
the Secretary finds appropriate;
(4) standards relating to the use of allied
health professionals such as assistant's to
physicians and dentists, and relating to the
qualifications of such personnel; and
January 9, 1973
(5) standards for the determination of
qualified carriers under section 232.
NAT10N.\L HEALTH SERVICES ADVISORY COUNCIL
Sec. 113. (a) There is hereby established
a National Health Services Advisory Council
(hereinafter In this section referred to as
the "Council"), which shall consist of the
Secretary, who shall serve as Chairman of
the Council, and twenty members, not other-
wise In the employ of the United States, ap-
pointed by the Secretary, without regard to
the provisions of title 5, United States Code,
governing appointments In the competitive
service. The appointed members shall Include
persons who are representative of providers
of health services, and of persons (who shall
constitute not less than one-half of the Coun-
cil) who are representative of consumers of
such services. Each appointed member shall
hold office for a term of four years, except
that (1) any member appointed to fill a
vacancy occurring during the term for which
his predecessor was appointed shall be ap-
pointed for the remainder of that term, and
(2) the terms of the members first taking
office shall expire, as designated by the Secre-
tary at the time of appointment, five at the
end of the first year, five at the end of the
second year, five at the end of the third
year, and five at the end of the fourth year,
after the date of the enactment of this Act.
Members of the Council who are representa-
tive of providers of health care shall be per-
sons who are outstanding in fields related to
medical, hospital, or other health activities,
or who are representative of organizations
or associations of professional health per-
sonnel; and members who are representative
of consumers of such care shall be persons,
not engaged In and having no financial inter-
est In the furnishing of health services, who
are familiar with the needs of various seg-
ments of the population for personal health
services and are experienced in dealing with
problems associated with the furnishing of
such services.
(b) The Council Is authorized to appoint
such professional or technical committees,
from its own members or from other persons
or both, as may be useful In carrying out Its
functions. The Council, Us members, and
Its committees shall be provided v.lth such
secretarial, clerical, or other assistance as
may be authorized by the Secretary for carry-
ing out their respective functions. The Coun-
cil shall meet as frequently as the Secretary
deems necessary, but not less than four times
each year. Upon request by seven or more
members it shall be the duty of the Chair-
man to call a meeting of the Council.
(c) It shall be the function of the Coun-
cil (1) to advise the Secretary on matters
of general policy In the administration of
this title and In the formulation of regula-
tions (Including prior review of and com-
ment on such regulations, upon their issu-
ance and upon any subsequent changes
therein, before the publication of such regu-
lations or changes In the Federal Register),
and (2) to study the operation of this title
and the activities of State Health Commis-
sions, Health Care Corporations, and other
providers, with a view to recommending any
changes In the administration of this title or
in its provisions which may appear desirable.
The Council shall make an annual report
to the Secretary on the performance of its
functions, and the Secretary shall transmit
the report to the Congress, together with a
report by the Secretary on any administra-
tive recommendations of the Council which
have not been followed, and a report by the
Secretary of his views with respect to any
legislative recommendations of the Council.
(d) Appointed members of the Council and
members of technical or professional com-
mittees, while serving on business of the
Council (Inclusive of travel time), shall re-
ceive compensation at rates fixed by the Sec-
retary but not exceeding the dally equivalent
of the rate specified at the time of such serv-
ice for grades GS-18 of the General Sched-
ule; and whUe so serving away from their
places of residence they shall be entitled to
receive actual and necessary traveling ex-
penses, including per diem in lieu of sub-
sistence, as authorized by section 5703(b) of
title 5. United States Code, for persons In the
government service employed Intermittently.
STUDIES OF DELIVERY AND FINANCING OF HEALTH
CARE
Sec. 114. (a) The Secretary shall make a
continuing study of the operation of this
title, including the adequacy, quality, and
utilization of services furnished by Health
Care Corporations and other providers, the
effectiveness of peer review and cost controls,
the effectiveness of supervision of such cor-
porations by State Health Commissions, the
financing of services through insurance' and
otherwise, and all other aspects of the sys-
tem of health care created pursuant to this
title. The Secretary is authorized, also, to
make studies and conduct research in re-
gard to alternative methods of furnishing
and financing health care (including meth-
ods followed In other countries), and of
methods of enhancing, through financial In-
centives or otherwise, the quality of care and
the economy and efficiency of Its delivery.
(b) The Secretary may carry out his func-
tions under this section directly or through
contracts, and he Is authorized to make
grants to public or other nonprofit agencies
or institutions for studies and research which
he deems likely to further the purposes of
this section.
(c) The Office shall from time to time
publish the results of studies and research
conducted pursuant to this section.
UTILIZATION OF STATE AGENCIES
Sec. 115. (a) The Secretary may. and to the
optimum extent determined by him to pro-
mote efficient administration of this title
shall, make arrangements with State Health
Commissions (in accordance with section
134(b) (9) ) whereby the commission involved
(directly or through arrangements approved
by the Secretary with another State agency
or agencies) will —
(1) subject to the applicable provisions of
part C of title II. contract, as agent and In
the name of the Department of Hggith. with
carriers approved by the SecretaryTaS^ro-
vided In paragraphs (1) (B) and (C) orW-
tlon 117(b); and ^N.
(2) from time to time perform such other
functions for or on behalf of the Secretary,
other than the Issuance of Federal regula-
tions and standards, under this title as the
Secretary may deem appropriate.
(b) The Secretary shall. In accordance with
section 121. pay State Health Commissions
the cost of the proper and efficient adminis-
tration of their functions der arrange-
ments made with them pursuant to subsec-
tion (a) .
FEDERAL FINANCIAL RESPONSIBILITIES FOR
HEALTH SERVICES
Sec. 116. (a) Notwithstanding any pro-
vision to the contrary in title XVIII of the
Social Security Act or In any other law. ef-
fective with respect to Items and services
furnished (and periods occurring) on or
after the first transitional effective date as
specified In section 301(b) and before the ef-
fective date for full operation of the program
under this Act as specified in section 302 —
(1) every Individual who Is entitled to
hospital Insurance benefits under part A of
title XVIII of the Social Security Act shaU
be automatically enrolled In the supplemen-
tary medical Insurance program established
by part B of such title (with such coverage
period, and subject to such other terms
and conditions, may be prescribed by the
Secretary in regulations) ;
(2) every resident of the United States
who is a low-Income person or a member of
a low-income family (as those terms are de-
fined in section 203(a)(1) of this Act), and
who Is not otherwise entitled to hospital
insurance benefit.s under part A of title
Januanj 9, 1973
CONGRESSIONAL RECORD — HOUSE
519
XVin of the Social Security Act or enrolled
in the supplementary medical Insurance pro-
gram established by part B of such title,
shall, under regulations prescribed by the
Secretary (but without regard to age, insured
status, or any other eligibility requirements,
or any coinsurance, copayment. or deductible
requirements, which might otherwise apply) ,
be provided by the Secretary, from the Fed-
eral Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance
Trust Fund (as may be appropriate), with
benefits under this Act equivalent to the hos-
pital Insurance benefits available under part
A of title XVIII of the Social Security Act
and the supplementary medical Insurance
benefits under part B of such title; and
(3) no premium or similar amount shall be
payable by any individual for or on account
of his enrollment In or coverage under the
Insurance program established by part B of
such title XVIII. or for or on account of the
provision to him of benefits under paragraph
(2) of this subsection.
There are authorized to be appropriated
from time to time to the Federal Hospital
Insurance Trust Fund and the Federal Sup-
plementary Medical Insurance Trust Fund
(as may be appropriate) sums equal to (A)
tlie cost of the additional benefits paid from
such funds by reason of paragraph (2) , and
(B) the total premiums which, but for para-
graph (3), would be payable by all Individ-
uals for or on account of enrollment In or
coverage under the Insurance program estab-
lished by part B of such title XVIII or the
benefits provided to them under paragraph
(2).
(bi Effective with respect to items and
services furnished (and periods occurring)
on or after the second transitional effective
date as specified In section 301(c) and be-
fore the effective date for full operation of
the program under this Act as specified In
section 302 —
(1) every Individual age 65 or over de-
scribed In paragraph (1) or (2) of subsection
(a) shall be provided by the Secretary (in
addition to the benefits provided such in-
dividual under subsection (a) ) with Cata-
strophic Expense Benefits coverage under and
In accordance with section 225 of this Act:
(2) every resident of the United States who
Is a medically Indigent person or a mem-
ber of a medically Indigent person or a mem-
ber of a medically Indigent family (as such
terms are defined In section 203 (a) (") of this
Act), and who Is not otherwise entitled to
hospital Insurance benefits under part A of
title XVin of the Social Security Act or en-
rolled In the supplementary medical Insur-
ance program established by part B of such
title, shall, under regulations prescribed by
the Secretary (but without regard tfo age,
Insured status, or any other ellglbij|lty re-
quirements which might otherwise agt)ly) , be
provided by the Secretary, from thar Federal
Hospital Insurance Trust Fund ancythe Fed-
eral Supplementary Medical Insurahce Trust
Fund (as may be appropriate), wlih benefits
under this Act equivalent to the hospital in-
surance benefits available under part A of
title XVIII of the Social Security Act and
the supplementary medical insurance bene-
fits available under part B of such title, and
in addition shall be provided with Cata-
strophic Expense Benefits coverage under and
in accordance with section 225 of this Act at
premium rates determined under section 206;
and
(3) any other individual who registers with
a Health Care Corporation shall be entitled
to the 10-percent premium subsidy under
section 202(c).
There are authorized to be appropriated
from time to time to the Federal Hospital
Insurance Trust Fund and the Federal Sup-
plementary Medical Insurance Trust Fund
(as may be appropriate) sums equal to the
additional costs Incurred by such Funds by
reason of benefits tmder this subsection.
(c) There are authorized to be appropriat-
ed for each fiscal year beginning on or after
the effective date specified In section 302, for
the purpose of financing the program set
forth in title II of this Act, an amount suf-
ficient to pay (on the basis of estimates for
such fiscal year) —
( 1 ) the cost of providing prepaid coverage
for Comprehensive Health Care Benefits to
persons who are under the age of 65 and
are low-income persons or members of low-
Income families;
(2) the net cost, after deducting the con-
tribution to be required of them, of pro-
viding such coverage to persons who are
under the age of 65 and are medically Indi-
gent persons or members of medically Indi-
gent families:
(3) (1) the added cost, resulting from their
low Incomes or their medical indigence, of
providing such coverage to persons who have
attained the age of 65 j'ears and who either
are low-Income persons or members of low-
Income families or are medically indigent
persons or members of medically Indigent
families, and ill) the added cost of Compre-
hensive Health Care Benefits available to
those eligible for benefits under part A of
title XVIII of the Social Security Act;
(4) the cost of providing the 10-percent
premium subsidy under section 202(c) for all
individuals who register with Health Care
Corporations and purchase Comprehensive
Health Care Benefits privately (or for whom
such benefits are purchased by private
sources) ;
(5) the cost of providing the subsidy under
section 232(c)(1) of the Social Security Act
for employers whose costs under the program
exceed those specified In such section;
(6) the cost of health benefits provided for
Individuals receiving unemployment com-
pensation benefits, and for members of their
families, as described In section 906 of the
Social Security Act;
(7) the cost of establishing or maintaining
a reserve equal to 5 percent of the foregoing
costs; and
(8) the cost of administration incurred by
the Secretary in providing these coverages.
(d) For each fiscal year the Secretary shall
estimate the costs referred to in subsections
(a), (b). and (c) by projection based upon
the costs in the secon(i preceding fiscal year,
or (in the case of the first two fiscal years
Involved) upon the Secretary's estimate of
the costs that would have been Incurred in
such second preceding fiscal year If this title
had then been In effect. Each projection shall
take account of the then current rate of
change In the cost of health services, expected
changes in the low-Income population and
the medically Indigent population, trends
in the utilization of health services, and
other factors which the Secretary finds rele-
vant: and. In projecting aggregate contribu-
tions to be made by medically Indigent per-
sons and families, shall take account of the
then current rate of change In the Consumer
Price Index.
CONTRACTION AUTHORITY OF THE SECRETARY
Sec. 117. (a)(1) The Secretary shall,
through contracts with carriers, provide the
prepaid coverage for the benefits to which
aged, low-Income, and certain other individ-
uals and their families are entitled under
section 203.
(2) In addition to the qualifying require-
ments for carriers specifically set forth In
this title, the Secretary may establish fur-
ther qualifying standards for carriers (or
classes thereof) .
(b)(1) The Secretary may negotiate and
enter Into (A) contracts with a carrier or
carriers to administer Comprehensive Health
Care Benefits for all individuals entitled to
benefits under section 202; (B) contracts
with qualified carriers which have underwrit-
ten a prepayment plan for a Health Care
Corporation operating wholly or primarily
on a predetermined capitation charge basis;
and (C) direct contracts with Health Care
Corporations under section 235 If the cor-
porations operate on a predetermined capi-
tation charge basis and as such qualUy as
carriers.
(2) The Secretary may authorize State
Health Commissions to act as his agents in
contracting with carriers as described In
paragraph ( 1 ) .
(3) Contracts under this part are exempted
from any provision of law requiring com-
petitive bidding and from such other re-
quirements of laws as the Secretary may
waive. The Secretary is required, however, to
notify all potentially qualified carriers a de-
scription of the contract requirements he
desires and the requirements and provisions
of this title and regulations, and to invite
these carriers to submit proposals. Among
the factors which the Secretary Is required
under this title to consider In negotiating
and approving contracts shall be the car-
riers' experience with group health insurance
or prepayment plan coverage. The Secretary
may require the contracting carrier to sub-
contract with other carriers, and he shall
enter Into a contract with a combination of
carriers only If this does not result in higher
administrative costs and only If it best serves
the purposes of this title. The term "com-
bination of carriers" or "combination", as
used In this section, means (1) a group of
qualified carriers that have entered into a
Joint venture or other cooperative arrange-
ment for the purpose of administering cover-
age under a contiract under this part, or (11)
a corporation (which Itself is a qualified
carrier) designated or caused to be created
by a group of qualified carriers for the pur-
pose stated in clause (1); and any further
reference In this part to a "carrier" shall be
deemed to include reference to such a com-
bination.
FEDERAL RESPONSIBILITY FOR DEVELOPMENTAL
GRANTS
Sec 118. (a) It is one of the purposes of
this part to establish the responsibility of
the Secretary to encourage, promote, and
assist the establishment, as soon as prac-
ticable, of the comprehensive health care
delivery system contemplated by this title,
by providing financial and technical assist-
ance for the early planning, development, es-
tablishment, an(i Initial operation of Health
Care Corporations, including incentives for
use of the capitation payment method for
health care and for the development and Im-
provement of outpatient care centers, par-
ticularly in poverty and rural areas.
(b) "There are authorized by the Secretary
to be appropriated for each fiscal year, for
carrying out the purpose stated In subsection
(a) . such sums as may be necessary. Sums
so appropriated for grants or contracts for
any fiscal year shall remain available for ob-
ligation untU the case of the succeeding fis-
cal year.
AUTHORIZATION OF DEVELOPMENTAL FINANCIAL
ASSISTANCE
Sec. 119. (a) For the purpose stated in
section 118, the Secretary is authorized. In
accordance with the provisions of this part,
to make —
(1) grants for planning, organizing, devel-
oping, and establishing Health Care Corpora-
tions (or for any one or more of such ac-
tivities) , including affiliation or other ar-
rangements (if any) of such a corporation
with providers of health care. In conformity
with part D of this title:
(2) contracts. In connection with the es-
tablishment or substantial expansion of
Health Care Corporations, to pay for a rea-
sonable period all or part of any operating
deficits of such corporations:
(3) grants to Health Care Corporation, or
to public or nonprofit providers affiliated
therewith, for the initial operation of (A)
new outpatient care centers or (B) new or
expanded sen-ices in (or based in) outpatient
care centers: and
(4) grants for major health-maintenance,
diagnostic, or therapeutic equipment, data
520
CONGRESSIONAL RECORD — HOUSE
January 9, 1973
processing systems or equipment, or central-
lervlce equipment, needed for Initial oper-
itlng capability of Health Care Corporations,
(b)(1) In making grants and contrttcts
ander tbls part, the Secretary (A) shall take
jito account existing health care resources
vnd health care delivery systems In the sev-
eral States, the relative need of the States
uid areas within the States for such asslst-
uice. and their populations, and (B) shall
save due regard to the achievement, con-
iistently with the purposes of this title and
:hls part, of an equitable distribution of such
assistance.
(2) Not' more than 15 percent of the ap-
propriations made for grants or contracts
inder this part may be expended In any one
State.
(3) In making grants and awarding con-
racts during the first five fiscal years for
vhich funds have been appropriated under
;hls part, the Secretary shall give priority to
;h© applications of corporations that (A)
>perate primarily on the basis of predeter-
nlned capitation charges, or (B) are In the
jrocess of converting to primarily that basis,
)r (C) agree to operate on or convert to
jrlmarlly that basis If awarded such a grant
)r contract. After that period, the Secretary
nay award such grants and contracts only
;o such corporations.
(4) (A) A grant or contract shall not be
nade or awarded under the preceding pro-
islons of this part when there is In effect,
or the State that Includes the area Involved
n the application for such assistance, a
State plan approved under part C. unless the
state Health Commission has recommended
ipproval of the application and has certl-
ied—
(1 ) In the case of an application for a
jrant under subsection (a)(1) of this sec-
■ Ion thatf'there is need for a Health Care
I 'orpoH^iiron In the area Involved (or of an
idditirfnal Health Care Corporation If one
ipproved under part C has already been
Lsslgned to the area ) ;
(2) In the case of an application for a
lontract under subsection (a)(2) of this sec-
ion or section 121. that the applicant (A) is
1 V Health Care Corporation In conformity with
ectlon 141(a). and (B) htis been approved,
or upon the Secretary's approval of the ap-
plication for the contract will be approved.
jy the.Conunission under part D; or
(3) In the case of an application for a
:rant under subsection (a) (3). that (A) the
lealth Care Corporation which Is the ap-
Jlicant or involved In the application is in
•onformity with section 141 (a) and has been.
•r upon approval of the grant application
)y the Secretary wUl be. approved by the
Commission under part C; and (B) the out-
jatlent care center or services thereof, or
tie equipment or system, for which the
iraiit is sought. Is needed for the effective
Uscharge of the corporation's functions un-
ler the State plan.
(Oil) In the case of a State for which
here is not yet In effect a State plan ap-
proved by the Secretary under part C but In
vhlch a State Health Commission and a
kate Advisory Council have been established
:i conformity with that part, the Secretary
hall not make a grant or contract under
he foregoing sections of this part unless
he Commission, the State planning agency
if any) designated or established for the
State as required under section 314(a)(2)
A I of the Public Health Service Act (If It Is
I separate agency from the commission),
i:id the appropriate areawlde health plan-
-.inp ngency (Lf it Is different from the State
>lannlng agency) have had an opportunity
in accordance with regulations of the Secre-
arv) to revle-.v and comment on the appli-
atlon for the grant or contract.
GRANTS FOR STATE PLANS
Sec 120. (a) In order to facilitate and
•xpedite the submission of State plans to the
Secreiary pursuant to section 134, the Secre-
tary Is authorized to make grants to State
Health Commissions for all or part of the
necessary cost of developing and preparing
such plans, including (but not limited to)
the expenses of their State advisory councils
consulted In connection therewith, the cost
of disseminating to the public and to others
Information concerning a proposed plan, and
the cost of public hearings thereon.
(b) There are authorized to be appro-
priated for grants under this section such
sums as may be necessary for each fiscal
year In the period beginning with the fiscal
year In which this Act Is enacted and ending
with the close of the third full fiscal year
after this Act is enacted.
(c) (1) From the sums appropriated there-
for, the Secretary shall pay to each State
which has a plan approved under this title
an amount equal to the Federal percentage
of the sums expended for the proper and
efficient administration of the State plan.
Such payments and payments imder grants
pursuant to this section may be made In
Installments (not less often than quarterly)
and may be made In advance (on the basis
of estimates) or by way of reimbursement,
with necessary adjustments on account of
prior overpayments or underpayments.
(2) The Federal percentage, for the pur-
pose of paragraph (1). shall be 90 percent
with respect to sums expended by a State
during fiscal years ending prior to the effec-
tive date of the benefit program under this
Act (as set forth in sections 201 and 202),
85 percent with respect to sums so expended
during the next two fiscal years, and 75
percent with respect to sums expended there-
after; except that with respect to sums
expanded by the State for proper and efficient
administration pursuant to provisions of the
State plan contained therein In compliance
with section 134(b) (10) the Federal per-
centage shall always be 100 percent.
FINANCIAL ASSISTANCE UNDER OTHER PROGRAMS
Sec. 121. (a)(1) In administering other
programs of financial assistance In the field
of health care (Including construction of
faculties for health care) the Secretary and,
on recommendation of the Secretary, other
Federal agencies shall to the optimum extent
utilize those programs to promote the pur-
poses of this Act.
(2) Notwithstanding any other provision
of law, the Secretary may. and such other
agencies when requested by the Secretary
shall. In the administration of such other
programs, give (or require agencies and or-
ganizations assisted to give) highest priority
to the needs of Health Care Corporations,
particularly in areas determined by the Sec-
retary to be urban or rural poverty areas.
(bi(l) The Secretary shall prepare and
widely disseminate, though publications and
otherwise, information concerning the avail-
ability of assistance under this part.
(2) The Secretary may upon request
provide advice, counsel, and technical as-
sistance to Health Care Corporations and
other Interested organizations and agencies
In preparing applications, and In meeting the
requirements of this part and of the Secre-
tary, for grants and contracts authorized by
this part.
PENALTIES FOR FRAUD
Slc. 122. (a) Any individual, provider of
health care, carrier, or other person who —
(1) knowingly and willfully makes or
causes to be made any false statement or
representation of a material fact in any ap-
plication for any benefit, or any grant or
other payment, under this Act,
(2) at any time knowingly and willfully
makes or causes to be made rmy false state-
ment or representation of a material fact for
use In determining rights to any such benefit
or payment,
(3) having knowledge of the occurrence of
any event affecting (A) his or its Initial or
continued right to any such benefit or pav-
ment, or (B) the Initial or continued right
to any such benefit or payment of any other
person in whose behalf he or it has applied
for or Is receiving such benefit or payment,
conceals or falls to disclose such event with
an Intent fraudulently to secure such benefit
or payment either in a greater amount or
quantity than is due or when no such benefit
or payment is authorized, or
(4) having made application to receive any
such benefit or payment for a particular use
or purpose and having received it, knowingly
and willfully converts such benefit or pay-
ment or any part thereof to any other use
or purpose,
shall be guilty of a misdemeanor and upon
conviction thereof shall be fined not more
than $10,000 or Imprisoned for not more than
one year, or botb.
(b) Any provider of health care or other
person who furnishes items or services to an
individual for which payment is or may be
made under this Act and who solicits, offers,
or receives any —
(1) kickback or bribe In connection with
the furnishing of such Items or services or
the making or receipt of such payment, or
(2) rebate of any fee or charge for re-
ferring any such Individual to another per-
son for the furnishing of such Items or
services,
shall be guilty of a misdemeanor and upon
conviction thereof shall be fined not more
than $10,000 or Imprisoned for not more
than one year, or both.
(c) Whoever knowingly and willfully
makes or causes to be made, or Induces or
seeks to Induce the making of, any false
statement or representation of a material
fact with respect to the conditions or opera-
tion of any organization. Institution, or
facility in order that it may quallfv as a
carrier or a provider of health care for pur-
poses of this Act shall be guilty of a mis-
demeanor and upon conviction thereof shall
be fined not more than $2,000 or Imprisoned
for not more than 6 months, or both.
Part C — State Functions
general conditions of state participation
Sec. 131. (a) States will be in compliance
with this Act If, and only If. in conformity
with the requirements of this part, (1) the
State (A) has accepted the provisions of this
Act and created, as a newly constituted and
independent establishment within the execu-
tive branch of the State government, a State
agency for carrying out the responsibilities
devolving upon the State under this Act
headed by a multimember governing body
hereinafter In this title referred to as the
"State Health Commission" (or as the "State
commission" or the "commission"), and (B)
has vested in such agency the exclusive au-
thority on behalf of the State to establish
and maintain appropriate standards and re-
quirements for all hospitals, nursing facili-
ties, and other Institutional health care
facilities; (2) there has been established In
that agency a State Advisory Council; and
(3) there is In effect an approval, by the Sec-
retary, of a State plan srbmitted by the
State Health Commission under section 134
for carrying out the State's responsibilities
under this title.
(b) For Federal exercise of State functions
In cases of noncompliance bv States, see sec.
tion 138.
STATE HEALTH COMMISSIONS
Sec. 132. (a) The StatS Health Commission
of a State shall be composed of three or five
members (whichever number may be au-
thorized under the law of its creation) ap-
pointed by the Governor of the State for
staggered terms, which shall be renewable.
Each term shall be for six years, except as
necessary in the case of initial appointments
to meet the require.". ent of staggered terms.
a;'.d except In the case of a member appointed
to fill a vacancy occurring before the expira-
tion of the term of his predecessor. Not more
than two members of a three-member com-
mission, nor three members of a five-member
commission, shall be members of the same
political party. The Governor shall designate
January 9, 1973
CONGRESSIONAL RECORD— HOUSE
521
one of the members of the comutnlsslon to
serve as chairman.
(b) (1) It Is the sense of the Congress that
the members of a State Health Commission
should be chosen, not primarily from the
standpoint of specialized experience ik the
subject-matter fields within the conunis-
slon's jurisdiction, but rather with a view
to their ability to bring to the affairs of the
commission broad gaged, highly qualified,
effective, and disinterested policy direction.
Persons representative of the health care pro-
viders shall not constitute a majority of the
membership of the commission.
(2) During his term of membership, no
member of the commission shall engage in
any other business, vexation, or employment.
(3) The chairman and other members of
the commission shall receive salaries at levels
comparable to the compensation of the head
of a principal executive department of the
State.
(4) No member of the commission shall
during his term of office be subject to re-
moval except for dereliction of duty, corrup-
tion, incompetency, or conviction of a crime
Involving moral turpitude, or for a cause
stated in paragraph (5) of this subsection.
(5) Any individual, while in the employ
of or holding any official or contractual rela-
tion to or affiliation with a Health Care Cor-
poration cr any other corporation or pro-
vider of health care under the regulatory
Jurisdiction of the State commission, while
In any manner pecuniarily interested in any
such corporation or provider, shall be dis-
qualified from being a member, officer, or
emplovee of the commission; except that If
such disqualification by reason of pecuniary
Interest arises otherwise than voluntarily
while such Individual Is such a member,
officer, or employee, the individual may be
permitted to remain In office or employment
if within a reasonable time he divests him-
self of that pecuniary Interest. The preceding
sentence shall not apply to membership on
the State Advisory Council by an Individual
who discloses his Interest in or relation to
a corporation or provider, nor shall It apply
to any individual solely because he is a regis-
trant of a Health Care Corporation or a
beneficiary member of or subscriber to an-
other provider of health care.
STATE ADVISORY COUNCILS
Sec. 133. The Advisory Council to the State
Health Commission of a State, which shall
consult with the commission In the develop-
ment and carrying out of the State plan,
shall be appointed by the Gorvernor of the
State and consist oT (1) persons broadly rep-
resentative of health care providers (Includ-
ing health organizations) in the State includ-
ing but not limited to persons representa-
tive of Health Care Corporations when orga-
nized and approved, hospitals and other
health care institutions, other nonaovern-
mental and public organizations, societies
and sroups of health professionals, and
schools and institutions particularly con-
cerned with education or training of persons
In the health professions and ancillary oc-
cupations), and (2) not less than an equal
number of persons who are representative of
consumers of health care and (A) neither
are providers nor have a pecuniary Interest
In the provision of such care. (B) are famil-
iar wl^h the needs of the various segments
of the State's population for such care, and
(C) are experienced in dealing with prob-
lems associated with the provision of such
care.
STATE HEALTH CARE PLANS
Sec. 134. (a) In order to be aoprovable
under this part for any year the State plan
of any State must —
(1) meet the requirements of subsection
(b):
(2) have been submitted to the Secretary
by the State Health Commission (consti-
tuted and operating in conformity with the
CXIX 34^Part 1
preceding sections of this part) at such
time and presented In such detail, and con-
tain or be accompanied by such Informa-
tion, as the Secretary deems necessary;
(3) have been prepared in consultation
with the State Advisory Council; and
(4) have been submitted to the Secretary
only after the commission has afforded to
the general public of the State a reasonable
opportunity for presentation of views on the
plan in the case of submission of the plan
for initial approval or for annual renewal of
approval after major revision of the plan.
(b) The State plan must —
(1) designate the State Health Commis-
sion of the submitting State as the sole
agency for the administration of the plan,
except as otherwise authorized by this part;
(2) contain or be supported by satisfac-
tory evidence that the commission has the
authority to carry out the plan In accordance
with this part;
(3) provide for adequate consultation with
the State Advisory Council in carrying out
the plan;
(4) set forth In such detail as the Secre-
tary may prescribe the qualifications for
personnel having responsibilities in the ad-
ministration of the plan;
(5) provide for such methods of admin-
istration as are found by the Secretary to
be necessary for the proper and efficient ad-
ministration of the plan, Including (A)
methods relating to the establishment and
maintenance of personnel standards on a
merit basis consistent with such standards
as are or may be established by the Civil
Service Commission under section 208ra) of
the Intergovernmental Personnel Act of 1970
(Public Law 91-648). and (B) provision for
utilization of qualified professional medical
personnel (particularly In connection with
the development or administration of stand-
ards of quality and utilization of health
care) and of allied health professionals and
other qualified professional staff; but the
Secretary shall exercise no authority with
respect to the selection, tenure of office, and
compensation of any individual employed
In accordance with the methods relating to
personnel standards on a merit basis estab-
lished and maintained In conformity with
this paragraph:
(6) (A) provide for the designation of
preferred service areas by applicant Health
Care Corporations In accordance with the
requirements of section 145 and for approval
In each such area of one or more Health
Care Corporations In accordance with section
135;
(B) Include, with respect to existing and
proposed Health Care Corporations, their af-
filiated providers of health care, and other
such providers, (1) provisions Incorporating
the requirements of part D of this title, and
(11) the provisions required by section 136;
(C) provide. In accordance with sections
135 and 136. foe cooperation with other
States in the administration of the plan,
and In particular authorl7e cooperative ar-
rangements with Rdjolnl-ig States with re-
spect to (1) joint service areas and (11) estab-
lishment, admission, and approval of Health
Cire Corporations for service In such Joint
areas or for serving separate areas In the
cooperating States; and
(D) include a program for completing (1)
the Initial approval of Health Care Cor-
porations fcr service In designated areas (In-
cluding. If necessary to carry out the pur-
pose stated In section 2(b) (2). the creation
of governmental Health Care Corporations),
and (il) the initial registration of eligible
Individuals with such approved corporations,
not later than the close of the fourth fiscal
year that begins after the calendar year In
which this Act Is enacted;
(7) (A) Include such provisions for effec-
tive arrangements or procedures as will as-
sure an opportunity to obtain group coverage
for Comprehensive Health Csre Benefits at
reasonable rates, for themselves or their em-
ployees, to all residents of the State who are
not entitled to coverage of such benefits pur-
chased by the Secretary, and provide for the
effective enforcement of these arrangements
and procedures by the commission (subject
to review by the Secretary with resp>ect to
enforcement of Federal regulations):
(B) provide for regulating the premium
rai.es of carriers Issuing group health benefit
prepayment plans or insurance contracts for
residents of the State (except under contracts
negotiated and made directly by the Secre-
tary) . except that the plan may —
(i) vest in the State agency primsirily
charged by State law with regulating the
business of Insurance In the State, or
(ill authorize the commission to delegate
to that or another appropriate State agency,
the function of regulating the premium rates
for such prepayment plans or insurance con-
tracts charged by carriers (other than Health
Care Corporations acting as carriers for their
own registrants) ;
(C) provide, consistent with regulations
and standards of the Secretary relating to
Comorehenslve Health Care Benefits cover-
age, for the regulation and sujjervislon of
stich carriers and such plans and contracts
by the commission, including In the case
oi group coverage for Comprehensive Health
Care Benefits the establishment, by the com-
mission, of required standard provisions
whereby. In the event of Interruption or ter-
mination ( by death or otherwise ) of a covered
individual's status as a member of the em-
ployee or other group that the plan or con-
tract covers, the Individual (or covered mem-
bers of his family in case of his death) will
have the privilege of continuing coverage
under the plan or contract for a specified
period (not less than 30 days) that the com-
mission deems reasonable; and
(D) provide (subject to any regulation by
the Secretary or Interpretations thereunder
with respect to coverage for Comprehensive
Health Care Benefits) —
(I) for granting an opportunity for a fair
hearing, before the commission, to any ap— ;
proved Health Care Corporation or nonaf-
filiated provider whose claim against a car-
rier for payment of charges for services or
Items fxirnished to a registrant of the cor-
poration or a nonreglstrant covered by the
carrier for Comprehensive Health Care Bene-
fits, or for payment of capitation charges with
respect to a thus covered registrant in the
case of a Health Care Corporation or other
comprehensive health care delivery organiza-
tion operating on a capitation charge basis,
has been denied by the carrier In whole or in
part, and
(II) for adjudicating the claim;
(8) provide effective methods and proce-
dures for (A) optimum utilization or adapta-
tion, in the administration of the plan sub-
mitted under this section, of (1) such plans
as have been or will be developed for the
State pursuant to subsection (a) of section
314 of the Public Health Service Act. (ID
tbe State plan approved under subsection
(d) of that section, (HI) any comprehensive
plans developed under subsection (b) of that
section for regions, metropolitan areas, or
other local areas wholly or partly within the
State, and (Iv) relevant plans developed un-
der any other programs, and (B) coordina-
tion (or. at the State's option. coii-^'^Hdatlon
In the case of planning at State level) of
planning under the plan submitted under
this section with ongoing or projected plan-
ning activities under those subse^lons or
programs; (
(9) provide that. If and to the ext>ttT re-
quested by the Secretary, the commission
(directly or through appropriate arrr.nge-
ments. approved by the Secretary, with an-
other appropriate Slate agency or agencies)
will perform, for or on behalf of the Secre-
tary, any or all of the following functions:
(A) as authorized by section 108. contract,
a: id
si )
522
CONGRESSIONAL RECORD — HOUSE
as agent of the Secretary, with qualified
carriers for Comprehensive Health Care
Benefits coverage in the State required un-
der this Act to be financed by Federal pur-
chase of such coverage from a carrier;
(B) act as fiscal agent of the Secretary in
transactions with carriers (or classes there-
if) in the State, Including (if and to the
ixtent that the Secretary assumes this func-
tion) the collection or receipt, and trans-
mittal to carriers, of premium contributions
by beneficiaries of federally purchased Com-
prehensive Health Care Benefits coverage (or
by others on their behalf) when such con-
:rlbutlons are required by or pursuant to
:hls Act:
(C) ^furnish the Secretary such timely In-
'ormatlon and prospective estimates as the
secretary may find necessary for developing
ts estimates of costs and required Govern-
nent contributions under section 116;
(D) review, and make recommendations
ith respect to, applications to the Secre-
ary for grants under appropriate sections
)f part B of this title, and, when requested,
] eview and make recommendations with
: espect to applications to the Secretary for
! ;rants or contracts under other provisions of
law administered by the Secretary, act as
1 .gent for the Secretary in investigating and
<ertLfylng compliance with the terms and
< ondltions of such grants or contracts, and
iiake payments from Federal funds there-
nder: and
( E ) perform such other functions for or on
1 ehalf of the Secretary as he may reasonably
ijequest;
{10)I.\\ in cooperation with the Secretary,
r nd In accordance with such methods as mav
t e recommended for the design and Imple-
I mentation of a nationwide cooperative sys-
t?m :or producing comparable and uniform
ealth-related Information and statistics,
inctlon as a center, for the State, for the
collection (from Health Care Corporations
a other providers, health benefit prepay-
nt plans and private health Insurance
companies, and other sources) , retrieval.
alysls, reporting, and publication of sta-
stical and other Information related to
palth and health care, including data on
le fiscal operations of such corporations.
)lan3. and companies and Including data of
le kinds enumerated In section 305 of the
ibllc Health Service Act. and (Bi require
ch corporations and providers, and such
ans and companies doing business in the
•to make statistical and other re-
pbrts of such Information and data to the
c|)mmlssion;
n 1 ) provide safeguards that restrict to
pjirposes directly cornected -vith the admln-
ration of the plan the use or disclosure
Identifying information concerning (A)
Ivlduals with respect to whom informa-
tlbn Is obtained in carryin? out the State
an. provisions required by paragraph (10).
(B) Individuals who are registrants or
.^plicants for registration under this Act
who claim elielblllty for Comorehensive
ilth Care Benefits coverage by a carrier:
121 provide, In accordance with methods
1 procedures prescribed or aporoved by
e Secretarv. for the evaluation, at least
inually. of the health-related and ecouDmic
effectiveness of the activities of the commls-
n and of Health Care Corporations (In-
.ding their affiliated providers) and other
ivlders under the commission's supervision.
r eluding a review and comparative evalua-
• n of data on utilization of health care
^•Ices (including drugs) provided bv Healttf
re Corporations and other providers:
131 provide that the commission will
ke such annual and other reports (in-
idlng reports of evaluations made pur-
ant to the provisions contained In the plan
accordance with the preceding paragraph)
the Secretary may from time to time
jefesonably require, and comply with such
pr avislon as the Secretary may find necessary
January 9, 1978
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to assure the correctness and verification of
such reports; and
(14) provide that the commission will from
time to time, and In any event not less
often than annually, review the plan and
submit to the Secretary any modification
thereof which It considers necessary.
(C) The Secretary shall approve any State
plan and any modification thereof which
complies with subsections (a) and (b); ex-
cept that he shall not grant such approval if
the plan or modification or other State law
(statutory or otherwise) or the practice of a
State licensure or regulatory authority under
color of law —
(1) prevents or limits Health Care Corpora-
tions (approved by the commission under
the plan) or other health care Institutions
from undertaking to provide covered health
care to registrants (and to others at its elec-
tion) or patients (A) through direct employ-
ment of medical or other licensed health care
practitioners by the corporation or other
nonprofit providers, or (B) through prepaid
group practice (as defined by regiUatlous of
the Secretary) or other arrangements by the
corporation or other providers with such
practitioners or groups thereof (whether such
..arrangements be on a capitation, fee-for-
service, or other basis) ; or
(2) deprives any Health Care Corporation
of Its right to designate Its preferred serv-
ice area and of its right of appeal for change
m such service areas, in accordance with the
provisions of this Act; or
(3) disqualifies from service on the govern-
ing board of a Health Care Corporation or
Institutional provider thereof a physician who
is on the staff of the Health Care Corporation
or such provider or is an affiliated provider
of the Health Care Corporation: or
(4) prevents or limits such practitioners
from employing or arranging with appropri-
ately trained assistants under their super-
vision to perform, consistently with stand-
ards of the Secretary prescribed under sec-
tion 112(b)(4). health care functions com-
mensurate with their qualifications and
training; or
(5) prevents or llimts carriers from offer-
ing coverage of health care provided in ac-
cordance with paragraph (1). (2), (3), or (4),
unless the Secretary determines, in accord-
ance with regulations issued by him, that
the prohibition or restriction is consistent
with the purposes of this title.
(d)(1) An approval of a State plan sub-
mitted to the Secretary under this part shall,
unless renewed, or unless sooner withdrawn
or suspended under this part, be In effect
for a period of one calendar or fiscal year,
whichever the Secretary determines, except
that the initial approval may be for the re-
mainder of the fiscal or calendar year then
current or, where deemed appropriate by the
Secretary, may be made effective until the
end of the succeeding year.
(2) For the purposes of this Act, a State
with respect to which there is In effect an
approval of a State plan by the Secretary
under this part, or with respect to which the
Secretary Is performing the functions that
he is authorized to perform under section
138 (a) or (c)(4). Is a "participating State".
DESIGNATION OF HEALTH CARE AREAS
Sec. 135. (a) As soon as practicable after
Its organization, the State Health Commis-
sion of each participating State shall con-
duct a study and survey with a view to the
approval of service areas for applicant
Health Care Corporations as a basis for the
Issuance of certificates of approval by the
commission (in accordance with section 136
(a)(3)), with the objective of affording to
all the people in the State equal and ready
access to the fiUl range of comprehensive
health care of high quality provided for In
this title and. where practicable, a choice
among Health Care Corporations. In making
Its study and survey, the commission shall
give appropriate consideration to (1) the
size and distribution of the State's ponula-
tlon and the Incidence of illness or d^eaL
In population groups in different regioi^
metropolitan, or other local areas (or Dart«
thereof) of the State, (2) existing healS
care organizations, institutions, or resources
for the provision of health care, their poten
tial for sponsoring or participating in thP
organization of Health Care Corporations
and their distribution in relation to the
need for care, (3) local governmental struc-
tures. (4) transportation faculties, (5) nat
terns of organization for the delivery of
health care, (6) patterns of use of health
care, and (7) other relevant factors. To assist
in its study and survey, and especially in
connection with its consideration and ev-alu-
ation of the factors referred to In clause
(2) of the preceding sentence the commis-
slon shall set a date by which shall be filed
with it applications by Health Care Corpor-
ations for certificates of approval for oper-
ation In areas defined in the respective ap-
plications (or statements of intention by
proposed sponsors of such corporations to file
such applications). No such certificate shaU
be granted under section 136 until a final
regulation has been issued under the last
sentence of subsection (c)(1) of this section
(b) In addition to making the study and
survey referred to by subsection (a) . and be-
fore approving applications for certificates of
approval, the commission shall consult with
persons representative of the general public
representatives of public and private hos-
pitals and other health care institutions or
their organizations, representatives of the
medical and other health care professions In-
cludmg persons representative of health care
practitioners engaged or employed In pre-
paid group practice, representatives of appro-
priate State and local governmental agencies
Slate commissions in adjoining States (where
appropriate), and other interested grouos
and individuals. ^
(2)(1) After its study, survey, and con-
sultation, the commission shall publish a
proposed regiUatlon setting forth Its findings
and approvals of Health Care Corporations
and the service areas proposed, which need
not coincide with the areas of existing mu-
nicipalities or political subdivisions of the
State. The commission shall give reasonable
public notice of its proposal and of a public
hearing or hearings on the proposal and
shall, after such hearing or hearings by
final order confirm the regulation or Issue
a revised regulation.
(2) In carrying out this section the com-
mission may. in accordance with cooperative
arrangements referred to in section 134(b)
i6) (C). designate Jointly with another State
or States a service area or areas that Include
parts or all of such States.
(d) The commission may, either on Its own
motion or on petition of anv Interested
Health Care Corporation or other interested
provider of health care, an Interested reg-
istrant or organization representing regis-
trants, or any other Interested person, amend
or repeal a final regulation Issued under sub-
section (c), but final action on a proposal
under this subsection may (upon request of
an interested person filing objections to the
action proposed, specifying with particularity
the changes desired, and stating rea.'ionable
grounds therefor) be taken only by decision
on the record made after reasonable notice
and opportunity for a fair hearing.
RECUXATORY FTJNCTIONS OF STATE HEALTH
COMMISSIONS
Sec. 136. (a) For the purposes of part D
of this title and of paragraph (6) of section
134(b) , a State plan shall. In addition to com-
plying with section 135 —
(1) provide for (A) stimulating and en-
couraging the organization of Health Care
Corporations (as defined in section 141(a))
where needed, by (1) giving information and
advice to providers of health care and other
January 9, 1973
CONGRESSIONAL RECORD— HOUSE
523
potential sponsors as to the requirements
for organization of such corporations and for
commission approval of such corporations
for service, (11) giving technical assistance
to sponsors In meeting such requirements,
and (Hi) in appropriate cases recommending
to the Secretary grants or contracts under
part A of this title; and (B) in accordance
with cooperative arrangements referred to In
section 134(b)(6), cooperating with State
Health Commissions of other States In Jointly
(or concurrently) or reciprocally admitting
and approving Health Care Corporations for
service, especially in Joint or adjoining serv-
ice areas of the respective States;
(2) provide for authorizing the incorpora-
tion m the State, or admission from other
States, of nonprofit corporations and, at the
State's option, of governmental corporations
that can under the law of the State qualify
as Health Care Corporations In accordance
with section 141(a), but this fimctlon may
at the option of the State be vested In an
authority of the State other than the State
Health Commission If this will not substan-
tially permit the duplication of functions of
the commission or Impede the objectives of
this Act;
(3) (A) provide for evaluation of the ap-
plication of any corporation (incorporated
in or admitted to the State in accordance
with paragraph (2) ) for approval to operate
as a Health Care Corporation in a service area
or areas approved by the commission In ac-
cordance with section 135;
(B) provide for granting such approval
(evidenced by a certificate of approval) if
(after reasonable notice and opportunity for
hearing to the applicant, to any other cor-
poration which holds or has applied for a
certificate of approval for the service area or
areas involved, and to the public) the com-
mission finds —
(i) that the applicant qualifies as a Health
Care Corporation In conformity with section
141(a) and satisfies the requirements of
clauses (2) and (3) of section 141(b),
(11) that there Is need for the facilities and
services to be provided by the applicant In
the area or areas covered by the certificate,
(Hi) If another Health Care Corporation
or corporations already holds a certificate of
approval for a service area covered by the
certificate, that the additional operation of
the applicant In that area will be economi-
cally feasible and will promote the purpose of
giving a choice of registrants as stated in
section 2(b) (2), and
(Iv) if there is also pending before the
commission the application of another
He,iUh Care Corporation for approval of Its
operation in a service area included in the
certificate granted to the first-mentioned
applicant, that In the review process the two
applications have been jointly considered and
either (I) that approval Is al.so granted to
the other applicant or (ID that for reasons
stated in the commission's findings approval
to the other applicant Is denied; and
(C) provide that any certificate of approval
granted by the commission is subject to
revocation or amendment in accordance with
subsection (c) of this section or upon revi-
sion of the approved service area or areas,
covered by the certificate, under the provi-
sions included In the State plan in accord-
ance with section 135;
(4) provide, with respect to any service
area for which more than one Health Care
Corporation is approved and in which the
combined capacity of all such corporations
ts sufficient to serve adequately all residents
of the area but in which the separate capacity
of one or more (but less than all) of such
corporations can serve adequately only a rea-
sonable proportion of the area's residents.
for allowing any such corporation (whose
capacity is thus limited) to restrict to a
number approved by the commission the
number of individuals whom it will accept
for registration, and requiring the corpora-
tion In that event to accept, in such manner
as may be required by the commission, resi-
dents of the area up to that number for
registration on a first-applied first-accepted
basis; but the plan shall preclude any action
or procedure under this paragraph that does
not assure the adequate provision, on a non-
discriminatory basis, of all the benefits of
this Act to all the residents of the area who
desire to register;
(5) (A) provide for limiting all charges of
approved Health Care Corporations and other
licensed providers for health services and
items to the kinds of charges and the rates
that are prospectively approved by the com-
mission, in accordance with the principles
and requirements of sections 112(b)(3) and
146, after (1) review of the provider's budget
and Its proposed charges, and (11) such review
or examination of other data, and such In-
spection, as the commission may deem appro-
priate; (B) require that the provider's budget
and charges (1) do not make provision for
services that are excessive or unnecessarily
duplicative and (11) do not take into accoimt
any actual or proposed capital exendltures
(as defined in regulations of the Secretary)
related to construction or rental of health
care facilities by or for the provider for which
the conunlsslon has not granted a certificate
of need when required under the plan; (C)
require that charges for physicians' services,
such as those of radiologists and pathologists,
that are held out as generally available to all
Inpatients of an Institution, be Included as
part of Institutional-service charges and not
as separate physicians' services charges (re-
gardless of the method of payment to the
physician); (D) require that the provider's
budget and proposed charges be prepared in
accordance with accounting principles, pre-
scribed by the Secretary, designed to bring
about uniform methods of determining Insti-
tutional costs and financial requirements;
and lE) provide for granting an opportunity
for a fair hearing to any health care provider
which is dissatisfied with a decision of the
commission with respect to the provider's
proposed charges:
(6) provide for effective enforcement, by
the commission, of the responsibility of ap-
proved Health Care Corporations and other
licensed providers to (A) provide the neces-
sary health care and items for which the reg-
istrants have Comprehensive Health Care
Benefits coverage, (B) assure that such care
be of not less than the scope, quality, and
comprehensiveness required by this Act, in-
cluding regulations and standards of the
Secretary prescribed under part B of this
title. (C) In the instance of Health Care
Corporations, perform the functions speci-
fied in sections 143 and 144 with respect to
services furnished by others to registrants
while absent from their place of residence or
in emergencies, and (D) in the Instance of
nonaffiliated providers, perform functions
similar to those specified in section 144, as
specified In regulations;
(7) prohibit the construction, moderniza-
tion, or expansion of facilities and services
of hospitals, skilled nursing facilities, nurs-
ing homes, or other health care facilities, or
the establishment of .svich facilities through
rental of major equipment or existing struc-
tures, by Health Care Corporations or other
providers, except when authorized by a cer-
tificate of need by the commission;
(8) authorize the commission in its dis-
cretion to adjudicate, at the request of an
approved Health Care Corporation or a pro-
vider affiliated with It. or a nonaffiliated pro-
vider, a controversy between the corporation
and the provider with respect to any matter
within the regulatory or supervisory author-
ity of the commission:
(9) provide for granting an opportunity
fcr a fair hearing before the commission (A)
to any Individual who Is not accepted for
registration by an approved Health Care
Corporation of whose approved service area
he claims to be a resident: or (B) with re-
spect to a monetary claim by a registrant
against a provider or against a carrier under
whose prepayment plan the individual Is
covered for Comprehensive Health Care
Benefits, or by a provider or a carrier against
the Individual relating to the provision of
health care or to such coverage, where the
claim has been denied (In whole or part) or
Is not acted upon with reasonable prompt-
ness and the amount in controversy is $100
or more: or (C) to any Individual who al-
leges a substantial failure of the provider
with respect to the provider's obligations to
provide health care to the Individual, and
alleges facts show ing that the failure is part
of a pattern of similar conduct;
(10) provide for review and approval of
peer review systems of approved Health Care
Corporations and for continuous surveillance
over the performance of approved Health
Care Corporations In relation to their obliga-
tions under this Act, and enforcement of
those obligations as provided for in this
section; and
(11) provide for review and approval of
peer review systems of nonaffiliated providers
and for continuous surveillance over the
performance of such providers in relation to
their obligations under this Act, and en-
forcement of those obligations as provided
In this section.
(b) If a Health Care Corporation or non-
affiliated provider complies with the pro-
cedures set forth In sections 1863 through
1865 of the Social Security Act, such pro-
vider shall be deemed to meet the standards
relating to comparable elements established
by this Act and regulations thereunder.
(c)(1)(A) Whenever the State Health
Commission determines that there is a fail-
ure on the part of an approved Health Care
Corporation (whether owing to Its own acts
or omissions or those of a provider furnish-
ing services on its behalf) to fulfill all obli-
gations assttmed by the corporation or placed
upon it by this Act, the commission shall by
order direct the corporation to take prompt
corrective action.
(B) If the corporation, within such reason-
able period as may be required by the com-
mission by regulation, requests a hearing on
the commission's order and states reasonable
grounds for objecting to the decision, the
commission shall give the corporation rea-
sonable notice and opportunity for a hearing
with respect to the commission's decision
and, if a hearing is held, shall on the basis of
the record at the hearing render a decision,
subject to such Judicial review on the record
as may be provided by applicable State law.
Initiation of a proceeding for Judicial review
shall not operate as a stay of the commis-
sion's decision unless so ordered by the court,
(2) Notwithstanding paragraph (1), where
the failure of a Health Care Corporation to
comply with its obligations Is so gross as in
the judgment of the commission to create an
Imminent hazard to the health of registrants,
the commission may give its order immediat*
effect, subject to later reversal or modifica-
tion if so determined after hearing or after
Judicial review.
(3) In addition to the authority of the
commission to order corrective action to be
taken as above provided, the State plan shall,
in the event of a substantial failure of the
corporation to fulfill its obligations, empower
the commission, after reasonable opportunity
for a fair hearing, (A) to revoke Its certifi-
cate of approval for operation by the corpo-
ration and Issue for the service area Involved
a certificate of approval to another Health
Care Corporation, or corporations, or (B) in
lieu of such revocation, to take effective ac-
tion (through apjKiintment of a receiver for
the corporation or other appropriate means)
to bring the corporation into compliance
with its obligations and provide Its regis-
trants with the health care services to which
they are entitled. The order of the commis-
sion shall, when final, be subject to Judicial
review In a State court of competent juris-
diction on the basis of the record before th«
comnUsslon, and the findings of fact of the
524
I
CONGRESSIONAL RECORD — HOUSE
January 9, 1973
commission shall, If supported by substantial
evidence In the record when considered as a
whole, be binding on the court.
Id) The commission is authorized to take
corrective action whenever it determines that
any provider not affiliated with a Health Care
Corporation has failed to fulfill the obliga-
tions set forth in this Act. this action to in-
clude suspension of payment for services per-
formed under Comprehensive Health Care
Benefits. The appeal procedures outlined in '
subsection ic) shall apply with respect to
action taken under this subsection.
JUDICIAL REVIEW
Sec. 137. la) Any State that is dissatisfied
with a final action of the Secretary taken un-
der section 138 (other than subsection (c)
3) thereof) may obtain Judicial review of
uch action by filing, within sixty days after
uch action, a petition for review with the
United States court of appeals for the circuit
in which the State is located. A copy of the
petition shall be forthwith transmitted by
the clerk of the court to the Secretary or any
officer designated by him for that purpose.
The Secretary shall thereupon file in the
:ourt the record of the proceedings on which
It base:! Its action, as provided in section 2112
3f title 28, United States Code. Upon the fli-
ng of the petition, the court shall have
urlsdlctlon to affirm the action of the Sec-
retary or to set it aside. In whole or in part,
;emporarily or permanently, but until the fli-
ng of the record the Secretary may modify
jr set aside its order.
(b) The findings of the Secretary as to the
acts. If supported by substantial evidence,
ihall be conclusive, but the court, for good
•ause shown, may remand the case to the
I Secretary to take further evidence, and the
i Secretary may thereupon make new or modl-
ied findings of fact and may modify his
)revious action, and shall file in the court the
ecord of the further proceedings. Such new
nr modified findings of fact shall likewise be
I onclusive if supported by substantial evl-
( lence.
(c) The Judgment of the court affirming
( ir setting aside, in whole or in part, any ac-
1 ion of the Secretary shall be final, subject to
leview by the Supreme Court of the United
i itates upon certiorari or certification as pro-
' ided in section 1254 of title 28. United States
« ;ode. The commencement of proceedings un-
<.er this section shall not, unless so speclfl-
( ally ordered by the court, operate as a stay
( f the Secretary's action.
1 EDERAl, EXERCISE OF STATE FUNCTIONS IN
CASES OF NONCOMPLIANCE BY STATES
Sec. 138. (a) In the case of any State which
lias not established a State Health Commis-
i ion in conformity with section 132. and sub-
inltted to the Secretary an approvable State
I Ian pursuant to section 134, prior to the
1 hlrd fiscal year that begins after the calen-
< ar year In which this Act Is enacted, the Sec-
letary may. until such a State plan has been
i ubmltted to and approved by him under this
title, assume and exercise, through the De-
5 artment of Health, Education, and Welfare.
^ -ith respect to the area of that State, those
1 unctions which would be required or author-
i zed by this title to be exercised by the State
Health Commission of that State if there
T rere in effect a State plan approved under his
title, and may utilize for that purpose any
1 unds available under this title for pavments
far the administration of State plans. In any
case In which the Secretary Invokes the au-
t horlty contained In the preceding sentence,
any State law or practice that under section
134(c) would preclude approval of a State
r Ian under this title shall be Inoperative.
Ibid) The Secretary shall not finaUy re-
f use to approve a State ijlan submitted to it
I nder this title except after according to the
5 tate reasonable notice and opportunity for
l^earing.
i2i If. at the scheduled expiration of the
ttlective period of approval of a State plan,
t lere is pending before the Secretary an ap-
plication of the State for renewal of the ap-
proval, the Secretary may, by order, tempo-
rarily postpone the scheduled expiration date
until its decision on the application for re-
newal.
(c)(1) Whenever the Secretary, after rea-
sonable notice and opportunity for hearing
to the State Health Commission administer-
ing a State plan approved under section 134
( c ) , determines —
• (A) (i) that the plan has been so changed
that it no longer complies with the provi-
sions of section 134(b), Including any pro-
vision of this title Incorporated therein by
reference, or (11) that In the administration
of the plan there Is a failure to comply sub-
stantially with any such provision;
(B) that there is a failure to comply with
any requirement of section 132; or
( C ) that the State :aw or practice Is such
as, under the provisions of section 134(c),
would preclude approval of the plan;
the Secretary shall by order withdraw ap-
proval of the plan and withhold further pay-
ments under section 134(e) (or, In the Sec-
retary's discretion, suspend approval as to
the part or parts of the plan affected by a
failure determined under clause (A) or (B)
of this paragrapii and limit payments to
those payable with respect to other parts),
until the Secretary is satisfied that there
will no longer be any such faUure to complv
or. In a case described in clause (C). until
the plan is approvable under section 134(c) ,
and shall forthwith notify the Commission
of the order.
(2) If In the Judgment of the Secretary it
would better promote the purposes of this
title to do so. he may postpone the effective
date of his order under paragraph (1) for
such reasonable period as he finds appropri-
ate to allow necessary time for compliance
with the requirements of this title.
(3) In addition ^o or In lieu of issuing an
order pursuant to paragraph (1), the Sec-
retary may request the Attornev General to
institute a civil action by the United States
against the State to enforce the requirements
of this title.
(4) Whenever the Secretary has withdrawn
approval of a State plan pursuant to para-
graph ( 1 ) . he may, with regard to the State
involved, exercise the functions and use the
funds referred to In subsection (a) .
COOPERATIVE INTERSTATE ACTIVITIES AND UNI-
FORM LAWS
Sec. 139. (a) The Secretary (1) shall en-
courage and assist the States and their State
Health Commissions in carrying out co-
operatively with other States their respective
functions in accordance with part C, Includ-
ing the making of agreements between States
for that purpose with respect to the estab-
lishmeat, admission (Into Jurisdictions oth-
er than those of incorporation), and ap-
proval of Health Care Corporations, the es-
tablishment of Joint health care areas and
assignment of such corporations thereto, the
exchange of information, and other matters,
and (2) shall develop and encourage the en-
actment of model State legislation In the
fields covered by this title.
(b) The consent of the Congress is hereby
given to any two or more States to enter
Into agreements of the kinds referred to in
subsection (a), not in confiict with any pro-
vision of this Act or regulation of the Sec-
retary thereunder or with any other law or
treaty of the United States.
other ADMINISTRATIVE PROCEDURES
Sec. 140. (a) Effective on and after the
effective date of part A of title 11 of this
Act, the Secretary Is authorized and di-
rected, notwithstanding any provision of ti-
tle V of the Social Security Act, to provide
by regulation for limiting the use (directly
or indirectly) of Federal funds under title
V of the Social Security Act for personal
health services and Items (or for reimburse-
ment for expenditures for such services or
items) in participating States (as defined
Januanj 9, 1973
CONGRESSIONAL RECORD — HOUSE
525
in section 134(d) (2) of this Act) in such
manner as will avoid to the maximum extent
practicable the use of such funds for per-
sonal health services or items for IndivlduaU
to the extent that these Individuals are en-
titled under section 202(b) of this Act to
Compresenslve Health Care Benefits cov-
erage for like services and items.
(b)(1) Section 505(a)(2) of the Social
Security Act Is amended (A) by striking out
"State health agency the first time these
words occur and inserting in lieu thereof
"State Health Commission (established in
accordance with section 131 of the National
Health Care Services Reorganization and PI-
nancing Act)", and (Bi by strikUig out
•'State health agency" the second time these
words occur and inserting in lieu thereof
"State Health Commission".
(2) The amendments made by paragraph
(1) shall, with respect to any State, become
effective on the date on which the State
becomes a participating State (as defined in
section 134(d) (2) of this Act).
Part D— Health Care Corporations
incorporation and state approval
Sec. 141. (a) A Health Care Corporation
is a nonprofit private or governmental cor-
poration which ( 1 ) is organized for the pur-
pose of furnishing (through Its own facili-
ties and personnel or through other provid-
ers, nonprofit or for-profit) comprehensive
and coordinated personal health services to
persons registered with the corporation, fur-
nishing personal health services to other per-
sons to the extent authorized by this title,
and engaging in educational, research, and
other activities related or incidental to the
furnishing of personal health service; and
(2) provides (or will provide after the per-
sons registered with the corporation fur-
nishing personal equitable representation,
on its governing t>oard. of the registrants
with the corporation and of the affiliated in-
stitutional and professional providers fur-
nishing services on its behalf.
(b) A Health Care Corporation is eligible,
for the purposes of this title to furnish serv-
ices in a State only If it Is approved by
the State Health Commission of the State,
for operation In an approved service area
or areas of the State (under the provisions
of the State plan in accordance with sections
135 and 136). upon a finding by the com-
mission ( 1 ) that the corporation conforms
to the provisions of subsection (a), (2) that
it has an adequate organization under pro-
fessionally competent management, and ade-
quate resources in facilities and personnel
(including resources available to It through
contracts with affiliated providers) , to meet
the requirements of this part and of regula-
tions prescribed thereunder and require-
ments prescribed by the State Health Com-
mission, and (3) that It has given assur-
ances (Including assurances of financial re-
sponsibility) , satisfactory to the commission,
that in operation It wlil meet all such re-
quirements.
REGISTRATION WITH HEALTH CARE
CORPORATIONS
Sec 142. (a) A Health Care Corporation
shall, in accordance with regulations of the
State Health Commission —
(1) register with the corporation all per-
sons (or such number of persons as may be
required by the commission pursuant to sec-
tion 136(a) (4) ). resident In the service area
approved for It by the commission, who apply
for such registration during a period of open
registration fixed by the commission, or applv
therefor after termination of registration
with another corporation pursuant to sub-
section ( e ) ;
(2) make all reasonable efforts, on a con-
tinuing basis, to procure the regi.stration of
persons resident in the area who. having
failed to apply for registration, have been
assigned by the commission to the corpora-
tion for recruitment: and
(3) within its capacity to furnish services,
register with the corporation all persons as-
suming residency In the approved service
area after the end of the period of open
registration fixed under paragraph ( 1 ) .
(b) Within Its capacity to furnish services
and with the approval of the commission,
the corporation may recruit and register per-
sons (whether or not residents of the area)
whom it is not required by subsection (a) to
recruit or register.
(c) In such cases and such manner as may
be specified in regulations of the Secretary,
a registrant may effect registration on behalf
of his or her spouse and children under 19
years of age.
(d) The corporation shall make available,
and shall employ all reasonable means to
disseminate throughout its approved service
area, full information about its operations,
including descriptions of the services it fur-
nishes and places where they are furnished,
and including Information about the meth-
ods and times of registration; and informa-
tion about the benefit coverages (both those
purchased by the Secretary and others) avail-
able to residents of the area, and the meth-
ods of obtaining such coverage. It shall assist
registrants and applicants for registration
to establish entitlement to coverage pur-
chased by the Secretary under section 202.
and to obtain other coverage as appropriate.
(ei Registration with a Health Care Cor-
poration shall be effective for a period of
twelve months, except that a registrant may
terminate his registration if he changes his
place of residence or for such other cause as
may be approved by the State Health Com-
mission.
UNDERTAKING TO FURNISH SERVICES
Sec 143. (a) A Health Care Corporation
shall assume responsibility for making avail-
able and furnishing to each registrant with
the corporation, and to any other person to
the extent required by regulations of the
Secretary, all services for which he has Com-
prehensive Health Care Benefits coverage and
which are medically necessary (or. in the
case of health maintenance services, medi-
cally appropriate ) . The acceptance of a regis-
tration shall constitute an obligation of the
corporation to the registrant to furnish all
such services, either through the facilities
and personnel of the corporation, through af-
filiated providers meeting the requirements
of subsection (b) , or through other providers
in accordance with subsection (c).
(b) Services may be provided through an
affiliated provider who. by contract with the
Health Care Corporation, has undertaken (1)
to furnish on behalf of the corporation a
portion of the services for which the corpo-
ration is responsible, and (2) to cooperate
and (to the extent practicable) participate in
discharging all other responsibilities of the
corporation under this part. Affiliated pro-
viders may be hospitals, extended care facil-
ities, nursing homes, or home health service
agencies (hereafter referred to collectively as
"institutional providers"); physicians, den-
tists, podiatrists, or optometrists; combina-
tions of the foregoing, such as partnerships,
clinics, or group practice organizations,
which may include appropriate allied health
professionals and technical or other support-
ing personnel; or other providers of kinds
designated in regulations of the Secretary.
The services of an affiliated provider mav. but
need not. be furnished exclusively on behalf
of one Health Care Corporation. A provider
may be affiliated with two or more Health
Care Corporations, but In the case of an
affiliated institutional provider shall desig-
nate one affiliation as the provider's primary
affiliation for the purpose of maintaining
quality of services, control over the utUiza-
tion of services, and continuing appraisal of
the effectiveness of services.
(c) Drugs, devices, appliances, and equip-
ment may be furnished to outpatients, and
ambulance and other emergency transporta-
tion services may be furnished, through pro-
bers not affiliated with the corporation, un-
aer arrangements which the commission finds
assure adequate availability of such items
and services. Medical and other services of
specialized nature, which the commission In
accordance with regulations of the Secretary
finds cannot practicably be furnished by a
Health Care Corporation or its affiliated pro-
viders, may be furnished through arrange-
ments with or referral to other Health Care
Corporations or other providers.
(d) The organization of the services fur-
nished by or on behalf of the corporation
shall emphasize health maintenance (Includ-
ing health education) of registrants, assure
continuity of care and referral of patients to
such services and at such times as may be
medically appropriate, and to the greatest
extent possible provide care on an outpatient
basis. All services shall be made as readily
available as Is practicable to all registrants
within the approved service area of the corpo-
ration, and the corporation shall (In accord-
ance with regulations of the Secretary ) main-
tain a system of scheduling periodic health
maintenance services for each registrant and
reminding him thereof. Outpatient care shall
be furnished in centers and physicians' of-
fices conveniently accessible throughout the
area. Emergency care. Including ambulance
service within the approved service area of
the corporation, shall be available at all
times.
(e) The corporation shall as rapidly as
practicable develop, by affiliation with" ex-
isting organizations or otherwise, a system
of outpatient care centers throughout its
approved service area, utilizing hospital
medical staffs and other physicians prac-
ticing In the area, and staffing the cen-
ters with physicians, appropriate allied
health professionals, and other ancillary
personnel to furnish primary medical care.
To the extent practicable, the corporation
shall also furnish through or in conjunction
with such centers health maintenance serv-
ices and community-based services such as
home care, medical social services, and the
services of weil-baby clinics and mental
health clinics. Centers shall be so related to
Institutional or other providers as to assure
the availability of necessary laboratory and
other diagnostic services, and the ready re-
ferral and transfer of patients to facilities
providing more comprehensive services when
medically necessary or appropriate.
(f) Whenever services for which the cor-
poration is responsible under subsection (a)
are furnished by another Health Cfire Cor-
poration to a registrant who is absent from
his place of residence, or are furnished In
an emergency by any provider (wherever sit-
uated) who is not affiliated with the cor-
poration or acting under arrangements with
it. the corporation shall review a report of
the services rendered and the charge there-
for and shall submit it to the carrier re-
sponsible for its payment; or, if It is itself
the carrier or Is other responsible for pay-
ment, shall pay the charge. This subsection
shall not be applicable In the case of a regis-
trant who. otherwise than pursuant to ar-
rangement by the corporation, has left his
place of residence for the purpose of obtain-
ing health services.
(g) The corporation shall so far as prac-
ticable furnish necessary emergency health
services to persons not registered with It.
and may furnish other services to such per-
sons when It can do so without Interference
with services to Its registrants.
QUALITY OF SERVICES
Sec 144. (a) A Health Care Corporation
shall assume responsibility (1) for the qual-
ity of all services furnished by it either
through Its own facilities and personnel or
by providers affiliated or acting imder ar-
rangements with it. and for compliance
with standards o£ quality and comprehen-
siveness prescribed by the Secretary. (2)
for maintaining controls upon the utiliza-
tion of all such services, (3) for continuing
appraisal, through medical audits and othe^,-
wlse, of the effectiveness of such services.
and (4) for identifying problem areas re-
quiring planning for additional services. For
these purposes the corporation shall main-
tain a system (approved by the commission)
of comprehensive peer review by a group or
groups of physicians (and a group or groups
of dentists in the case of dental services)
providers and their staff, embracing services
furnished by affiliated providers as well as
services furnished directly by the corpora-
tion, and shall require simillar review by
a staff committee or committees of each
hospital and extended care facility affili-
ated with it. The corporation shall, through
an appropriate staff committee or com-
mittees maintain a program of continuing
professional education of physicians, den-
tists, and nurses (and. to the extent the cor-
poration deems desirable, of other profes-
sional personnel) furnishing services on Its
behalf.
(b) All medical policies of the corporation
shall be established with the advice of phy-
sicians, and all dental policies with the ad-
vice of dentists. All medical Judgments re-
lated to health care shall be made by or un-
der the supervision of physicians, and all
dental Judgments by or under the supervi-
sion of dentists.
(c) The corporation shall encourage the
participation of physicians in all aspects of
its policy-formulation and operation (Includ-
ing budget review), both In edministratlve
and in advisory capacities.
PARTICIPATION OF PROFESSIONAL PRACTITIONERS
Sec. 145. (a) Within the limits of its need
for physicians, dentists, podiatrists, and op-
tometrists (hereafter referred to collectively
as "practitioners") , and so far is is consist-
ent with the furnishing of the highest prac-
ticable quality of care, a Health Care Cor-
poration shall provide opportunity to all
practitioners practicing in its approved serv-
ice area to furnish services on its behalf,
either (at the election of the corporation)
as members of its professional staff or as af-
filiated providers. It shall fix. and review an-
nually, the scope of services which each
practitioner may so furnish, in accordance
with his training, experience, and profes-
sional competence as determined, pursuant
to rules of the corporation, through peer re-
view of his credentials and performance. A
practitioner who desires to enlarge the scope
of services assigned him shall be assisted
through in-service training in acquiring
added experience and professional compe-
tence, and his assigned scope of service shall
be reconsidered from time to time.
(b) In selecting practitioners to furnish
services on its behalf and in fixing the scope
of services which each may furnish, the cor-
poration shall not discriminate on any
ground unrelated to professional qualifica-
tions; but in carrying out the purpose of
subsection (a) in its Initial recruitment of
practitioners the corporation may give pref-
erence, as between equally qualified persons,
to those who at the time are practicing in
its approved service area.
(c) The corporation shall so organize the
services furnished by practitioners on Us be-
half as to meet the purposes of sections 143
and 144. To the extent consistent with such
organization it shall permit each practi-
tioner to elect the form or forms of practice
(individual office practice, ^roup practice, or
other form of practice) In which he wishes
to engage.
CHARGES r.Y HEALTH CARE CORPORATIONS AND
OTHER PROVIDEaS
Sec 146. (a) All charges by a Health Care
Corporation or other provider for health
services shall be made at rates fixed by the
corporation or other provider prospectively
for a twelve-month period and approved by
the commission. Rates so approved may be
revised before the end of the period only on
the basis of events, occurring subsequent to
the approval, which the commission finds (1)
could not reasonably have been foreseen at
the time of approval, and (2) wUl, If the
526
CONGRESSIONAL RECORD — HOUSE
January 9, 1973
January 9, 1973
CONGRESSIONAL RECORD— HOUSE
527
rates are not revised. Impose severe financial
hardship on the corporation or other
provider.
(b) Such charges shall consist either of
an annual amount for each registrant or
registrant family (hereafter referred to as a
"capitation amount") , or of Itemized charges
for separate services or units of service for
registrants or patients. With the approval
of the commission, the corporation or other
provider may use one method of determining
charges for some services or with respect to
some registrants or patients and the other
metliod for other services or with respect to
other registrants; except that after three
years of operation a Health Care Corporation
must submit to the State Health Commission
a plan to commence two years thereafter for
offering capitation rates to Its registrants who
choose to purchase coverage directly from
the corporation. Except for reasonable varia-
tlo:is (In accordance with regulations of the
Secretary) based on the size and composition
of families, capitation amounts shad be uni-
form for all registrants to whom they are
applicable, other than registrants having
coverage under contracts purchased by the
Secretary.
(c) Charges of the corporation or other
provider, by whichever method determined,
shall be at rates estimated to be sufficient for
the twelve-month period to meet the finan-
cial requirements of the corporation or other
provider, as reflected in Its budget for the
period, to enable It to fulfill Its responsi-
bilities under this part. The financial re-
quirements shall be determined In accord-
ance with regulations, and with systems of
accounting, prescribed by the Secretary un-
der section 112(b) .
(d) The corporation and the commission.
In developing and reviewing the budget of
the corporation and the rates to be paid to
other providers, and In reviewing the budgets
of any affiliated providers, shall seek to assure
that adequate services are available to regis-
trants of the corporation without unneces-
sary duplication or other excessively costly or
excessive services.
CONTINUING PERSONAL HEALTH RECORD
Sec 147. (a) In a manner consistent with
the requirements relating to confidentiality
in subsection (d) , a Health Care Corporation
shall develop, and keep current, a continu-
ing personal health record for each registrant
of the corporation, in such form, consistent
with regulations of the Secretary, as may
be required by the commission for the pur-
poses (1) of making medical histories and
other f)ertlnent data readily available to the
medical and other staff of the corporation
and its affiliated providers: and (2) of en-
abling the corporation to meet requirements
of the commission for gathering and report-
ing health care statistics, including statistics
on the utilization and cost of health services.
(b) The corporation shall, to the greatest
extent practicable, equip its facilities, and
assure that facilities of its affiliated provid-
ers are equipped, for the prompt transmis-
sion, to appropriate members of the staffs of
all such facilities, of the personal health
records of its registrants.
(c) Whenever a registrant with one Health
Care Corporation transfers his registration
to another such corporation, his jsersonal
health record shall be transferred to the
latter corporation. To such extent as may
be required by regulations of the Secretary,
a Health Care Corporation shall make avail-
able to other Health Care Corporations, and
other providers (not affliliated with It), who
furnish emergency or other health services
to its registrants. Information from the per-
sonal health records of the registrants.
(d) Personal health records, information
contained therein, and other Information
concerning individual registrants or appli-
cants for registration shall be used or dis-
closed, without the consent of the individual,
only (1) In accordance with this section, or
(2) for ptirposes necessary to the administra-
tion of the Health Care Corporation, the State
plan, or any benefit coverage pursuant to
this title. Any person who violates any pro-
vision of this subsection shall be deemed
guilty of a misdemeanor and, upon convic-
tion thereof, shall be punished by a fine
not exceeding $1,000, or by imprisonment
not exceeding one year, or both.
PARTICIPATION BY REGISTRANTS; HEALTH
EDUCATION
Sec. 148. (a) A Health Care Corporation
shall establish methods by which (In addi-
tion to their representation on Us governing
board) registrants may express their views
with regard to the policies and operation of
the corporation, the health needs of the com-
munity, and the need for any modification or
expansion of the services furnished by the
corporation. The corporation shall take all
practicable steps to assure that this oppor-
tunity Is readily available to all substantial
groups (geographic, economic, or other) of
registrants, and to the extent practicable, to
individual registrants. The corporation shall
establish an advisory committee representa-
tive of registrants In general, and subcom-
mittees or separate committees representa-
tive of any groups whose Interests may differ
materially from those of other registrants.
Through such committee or committees, the
corporation shall seek a continuing evalu-
ation by Its registrants of Its program and
performance.
(b) In a manner consistent with the pur-
pose of assuring that Individuals are re-
sponsible for protecting their own health
and for learning to utilize the health services
available to them in the most effective man-
ner, the corporation shall undertake a pro-
gram of continuing health education, with
special emphasis directed toward low-income
and medically Indigent registrants. The pro-
gram shall be designed and conducted with
the advice and participation of representa-
tives of the registrants, for the purpose of
overcoming lack of Information and correct-
ing misinformation on the part of registrants
about personal health matters, encouraging
their Interest In healthful living, proper nu-
trition, and the avoidance of Illness, and en-
abling them to make more responsible and
effective use of health maintenance services
and, when Illness occurs, of the diagnostic
and therapeutic services available to them.
Corporations shall provide, to registrants In
need thereof, assistance In overcoming lan-
guage or educational handicaps In obtaining
access to health care. In carrymg out this
subsection the corporation shall collaborate
with governmental and private agencies en-
aged In community-wide health education.
nondiscrimination; complaints
Sec. 149. (a) In recruitment and registra-
tion a Health Care Corporation shall not dis-
criminate on the ground of race, creed, color,
national origin, age, sex, occupation, eco-
nomic status, or condition of health. Subject
to such differentiations as are medically
necessary or appropriate or are specifically
authorized by this title the corporation and
other providers shall not discriminate on
any of the foregoing grounds In fiirnlshtng
services on behalf of the corporation.
(b) The corporation shall establish ade-
quate procedures for the receipt and dis-
position of complaints by registrants with
respect to services furnished them, failure
to furnish services or to pay for services fur-
nished by others, or the propriety of charges
made by the corporation: and complaints by
persons whose applications for registration
have been refused. The corporation shall, to
such extent and In such form as may be re-
quired by the commission, maintain records
of such complaints and of their disposition,
and shall make such records available for
inspection by the commission.
(c) The corporation shall establish ade-
quate procedures for the settlement of dis-
putes with affiliated providers, with other
providers having arrangements with the cor-
poration for the furnishing of health care
to Its registrants, and with nonaffiliated pro-
viders.
RESPONSIBILITIES FOR MANPOWER AND FOB
RESEARCH
Sec. 150. (a) A Health Care Corporation
shall coordinate among its own staff and the
staffs of its affiliated providers determina-
tion of the needs for the several classes of
health personnel, and the recruitment and
allocation of such personnel; shall set
qualification and performance standards for
such personnel, which shall at least equal
standards established or recommended by
recognized professional organizations: and
shall conduct within its own organization
and encourage In Its affiliated providers such
programs of Inservlce training as it finds
necessary or useful In meeting manpower
needs, improving the quality of care, and
promoting upward mobility within the sev-
eral health professions and occupations. To
the extent permitted by the law of the State
In accordance with section 134(c)(4), and
consistent with regulations of the Secretary
and good professional practice, the corpora-
tion shall encourage the use of physician as-
sistants, allied health professionals, and
other ancillary personnel, under appropriate
professional supervision, to increase the
productivity of Its medical and dental staff
and of affiliated providers and their staffs.
(b) The corporation, in addition to a con-
tinuing evaluation of Its own performance,
shall engage or participate in planning for
additional services to respond to Identified
problem areas and in continuing research
concerning the organization and methods of
delivery of health services, and concerning
their quality, effectiveness, and cost. The
results of such research shall be made avail-
able to the commission and the Secretary
for such dissemination as the commission or
Secretary may deem proper.
RECORDS AND REPORTS
Sec. 151. A Health Care Corporation shall
keep such records, and on behalf of Itself
and Its affiliated providers make such reports
to the commission, as the commission, in ac-
cordance with regulations of the Secretary,
shall require with respect to financial mat-
ters, the utilization of services, the results of
peer review of quality, and other matters;
and shall require that Its affiliated provid-
ers keep such records and furnish it with
such Information as may be necessary for
this purpose. The corporation and its aflSli-
ated providers shall make the records re-
quired pursuant to this section available for
inspection by representatives of the com-
mission when necessary for the purpose of
verification of such reports.
Part E — Special Stttdt of Methods fob
Meeting Supplemental Caph-al Needs or
Health Care Corporations and Related
Health Care Organizations
FiNDrNCs and purpose
Sec. 161. The Congress finds that existing
health care Institutions In the United States
have traditionally obtained their funding for
health resource development from a variety
of sources, including public subscription,
Federal grants, third-party reimbursement,
borrowing, and local bond Issues, with the
result that the funding of such Institutions
has been neither adequate, consistent, co-
ordinated, nor equitably distributed. It is the
purpose of this part to provide for the de-
velopment of a more rational approach for
supplying the supplemental capital and other
funding needed by the health care industry
In order to assure a more rational distribu-
tion of funds and thereby to meet more effec-
tively the health care needs of the nation
without causing undue cost to Individuals In
communities which have the greatest health
need.
SPECIAL study
Sec 162. (a) The National Health Services
Advisory Council (hereinafter In this section
referred to as the "Council"), established by
section 113 of this Act, shall conduct a full
and complete study and investigation of
methods for supplying supplemental capi-
tal and other funding for Health Care Cor-
porations and related health care organiza-
tions in the United States, with the objective
of developing a national program for supply-
ing such funding, giving special emphasis to
areas of high priority health care needs both
rural and urban, which wCl effectively carry
out the purpose of this part.
(b) In conducting Its study and Investiga-
tion under subsection (a), the Council shall
give particular consideration to the devel-
opment of a program which —
(1) establishes and utilizes, a?' Its basic
source of funds, a national tmsf fund con-
sisting of any or all of tiieQtoi^^^z' (A)
a designated portion of the premiums or on
a designated portion of the /premiums col-
lected for Comprehensive Health Care Bene-
fits coverage, (B) a tax on su(|h premiums or
on such premiiuns and all other premiums
paid for health Insurance coverage. (C) ap-
propriated funds, and (D) amounts received
from other sources, public or private;
(2) provides for the distribution of
amounts in the trust fund to State Health
Commissions in a manner reflecting popula-
tion, per capita Income, and health care
needs, for allocation by such Commissions
within their respective States to Health Care
Corporations and other health care organiza-
tions. In the form of grants, loans, or com-
bined grants and loans, on the basis of per
capita Income, urgency of health care needs
in the light of available or potentially avail-
able health care resources, and other factors
calculated to assure the concentrated ex-
penditure of the available funds In high need
areas;
(3) recognizes the need for adequate plan-
ning for health care services and facilities,
and makes such planning a condition of
assistance;
(4) encourages and facilitates the con-
tinuing provision of funds for these purposes
from sources other than the trust fund, and
effectively coordinates the utilization of the
amounts provided from such other sources
with the amounts distributed from the trust
fund;
(5) leaves to each State Health Commis-
sion, under general regulations of the Secre-
tary, the determination of how the funds
distributed to such Commission are to be
allocated and utilized within the State which
it represents: and
(6) contains or Is subject to such other
provisions, conditions, and limitations as
may be necessary or appropriate to assure
that the purpose of this part will be effec-
tively carried out.
(c)(1) The Council shall submit to the
Secretary, for transmission to the Congress
no later than one year after the effective date
of this Act as specified In section 301(a). p,
full and complete report of Its studv and In-
vestigation under this section together with
Its findings and recommendations and with
detailed specifications for any legislation
which It finds may be required to carry out
such recommendations. Tlie Secretary, in
transmitting such report to the Congress
shall include his own comments thereon and
his views with respect to the Council's legis-
lative recommendations and specifications.
(_2) The special study and investigation
conducted by the Council under this section
shaU be lna«pendent of the studies made by
the Secretary under section 114; and the
report of the Council under this section
Shall be separate and distinct from Its an-
nual report under section 113(c).
TITLE II— FINANCmO OP NATIONAL
HEALTH SERVICES
SHORT TITLE
Sec. 200. This title may be cited as the
"National Health Care Services Financing
Act".
Part A — Employer Requirements and
Entitlements to Benefits
requirement of comprehensive health care
benefits coverage for employees
Sec. 201. (a) Title H of the Social Security
Act is amended by adding at the end thereof
the following new section:
"requtrement of comprehensive health
CARE benefits COVERAGE FOR EMPLOYEES
"Sec. 232. (a) Under regulations pre-
scribed by the Secretary of Health (subject
to subsection (b)), every person who Is an
employer within the meaning of this title
shall be required —
"(1) during the period beginning on the
transitional effective date specified in sec-
tion 301(c) of the National Health Care
Services Reorganization and Financing Act
and ending on the day before the effective
date specified In section 302 of such Act, to
provide benefits under such Act equivalent
to the hospital Insurance benefits available
under part A of title XVni of this Act and
the supplementary medical Insurance bene-
fits available under part B of such title, and
In addition to provide Catastrophic Expense
Benefits coverage under and in accordance
with section 25 of the National Health Care
Services Reorganization and Financing Act,
for each of his employees (performing em-
ployment for him within the meaning of
section 210(a) of this Act) and for the
members of the family of each such em-
ployee; and
"(2) from and after the effective date
specified In section 302 of the National
Health Care Services Reorganization and
Financing Act, to provide Comprehensive
Health Care Benefits coverage (as provided
or made available under such Act) to each
such employee and for the members of the
family of each such employee, "(b) The pro-
visions of subsection (a) shall not apply—
"(1)(A) with respect to any employer
which is the United States, a State or politi-
cal subdivision thereof (noth withstanding
any agreement entered Into under section
218) , or any agency or Instrumentality of one
or more of the foregoing, or any other em-
ployer all of the services performed for which
are excluded from 'employment' by one or
more of the numbered paragraphs of section
210(a); or
"(B) In any case where the em.ployed
member of a family has two or more employ-
ers, or where two or more members of the
family each have one or more employers,
with respect to any such employer other than
the one whose total taxes paid under section
3111(a) of the Internal Revenue Code of
1954 on account of the employment of such
member or membA-s Is greatest; or
"(2) with respect to any employee (or
member of an employee'."; family) who is en-
titled to health Insurance benefits under
title xvm.
"(c) (1) The Secretary shall reimburse any
employer to whom subsection (a) applies
for any amount by which such employer's
share of the average premiums payable for
the coverage of his employees to whom such
subsection applies during any period exceeds
(A) 4 percent of the average wages per em-
ployee paid by such employer to such em-
ployees for such period, multiplied by (B)
the number of such employees (not in excess
of ten).
"(2) The Secretary shall prescribe regula-
tions for purposes of this subsection relating
to the period for determining the number of
employees of an employer, the wages of the
employees, and the premiums payable under
the National Health Care Services Reorga-
nization and Financing Act. as well as the
method for determining such wages (and
the average thereof) and the cases In which
payment may be made to a payee other than
the employer.
"(3) Payments by the Secretary pursuant
to this subsection shall be made in advance
or by way of reimbursement, at such times,
In such maimer, and In such Installments
as the Secretary shall determine to be
appropriate.
"(d) For purposes of this section the em-
ployer's contribution must be at least the
actuarial equivalent of 75 percent of the
premium cost of the coverage provided by
him for his employees as required by sub-
section (a) . The requirement for an employ-
er's contribution shall not in any way pro-
hibit the employee from choosing to register
with a Health Care Corporation operating In
whole or In part on a capitation basis.
"(e) In any case where an individual who
is a low-income person or a member of a low-
income family, or who Is a medically indigent
person or a member of a medically Indigent
family. Is provided with Comprehensive
Health Care Benefits coverage by an em-
ployer under this section, and In connection
therewith Is required to make a contribu-
tion toward the premium cost of such cover-
age which exceeds the amount of the pre-
mium contribution which he would be
required to make under section 206 of the
National Health Care Services Reorganiza-
tion and Financing Act If he were entitled to
such coverage under section 202 of that Act
rather than under this section, such Indi-
vidual shall be entitled, upon application
therefor filed at such time and In such man-
ner and form as the Secretary shall by regu-
lations prescribe, to a premium contribution
refund In the full amount of such excess.
"(f) The period of coverage of any em-
ployee whose employment Is Involuntarily
terminated shall extend from the date of
such termination until the employee becomes
eligible for unemployment compensation
benefits or until the expiration of 14 days
from such termination, whichever first
occurs."
(b) Title IX of the Social Security Act Is
amended by adding at the end thereof the
following new section:
"REQtriREMENT OP COMPREHENSIVE HEALTH
CARE BENEFITS COVERAGE FOR INOrVTOUALS RE-
CEIVING UNEMPLOYMENT COMPENSATION
BENEFITS
"Sec 906. Every Individual who Is receiv-
ing benefits under any Federal or State un-
employment compensation law, and the
members of his family, shall be entitled un-
der the National Health Care Services Reor-
ganization and Financing Act (while such
individual Is eligible for and receiving such
benefits) —
"(1) during the period beginning on the
transitional effective date specified In sec-
tion 301 (b) of the National Health Care Serv-
ices Reorganization and Financing Act and
endmg on the day before the effective date
specified in section 302 of such Act, to cover-
age In the form of (A) benefits under such
Act equivalent to the hospital Insurance ben-
efits available under part A of title XVin of
this Act and the supplementary medical In-
surance benefits available under part B of
such title, and (B) Catastrophic Expense
Benefits coverage under and In accordance
with section 225 of the National Health Care
Services Reorganization and Financing Act;
and
"(2) from and after the effective date speci-
fied In section 302 of the National Health
Care Services Reorganization and Financing
Act. to Comprehensive Health Care Benefits
coverage as provided or made available under
such Act.
y2S
CONGRESSIONAL RECORD — HOUSE
January 9, 1973
rhe Secretary of Labor, In accordance with
■egulatlons prescribed in consultation with
;he Secretary of Health, Education, and Wel-
are. shall" purchase such coverage for, and
letermlne the methods by which (and the
erms and conditions under which) It Is to
3e made available to, such individuals and
nembers. There are authorized to be appro-
srlated to the Secretary of Labor such sums
is may be necessary to carry out this
iecticn."
ENTITLEMENT TO BENEFTTS FEDERALLY
SUBSIDIZED
Sec. 202. (a) Every individual who is a res-
.dent of the United States ihall, as provided
n this section and under the conditions and
;o the extent otherwise specified In this part,
3e entitled —
(1 ) in cases specified in subsection (b) , to
•overage for Comprehensive Health Care
3enefits (as described in this part) con-
racted for by the Secretary, or
(2) in cases specified in subsection (c), to
I Federal contribution to the premium cost
)' coverage for such benefits under an ap-
; roved insurance contract or prepayment
)lan to which the Se'-retary Is not a party.
(b) Such an Individual shall be entitled
o s-ich coverage contracted for by the Secre-
ary with a carrier under section 117, with
. espect to any period for which he is not
^rovic^ed with Comprehensive Health Care
benefits coverage by an employer under sec-
:o:i C32 of the" Social Security Act, If he —
(1 I haslittai-ed the age of 65, or
(2) is under 65 but Is a low-income person
iir a member of a low-income family, or
(3) is under 65 but is a medically Indigent
j lerson who complies, or a member of a medl-
' ally Indigent family which complies, with
' he requirement of section 206 with respect
ID contributions to premiums for such cov-
( rage. ' '
(c)(1) Every other Individual referred to
!n subsection (a) who Is registered with an
! pproved Health Care Corporation In a par-
1 1clpatlng State, or with any other organlza-
1 1on providing comprehensive health care and
services which is engaged In the delivery of
such care and services to a defined popula-
^lion group established through open enroU-
j^aent and has demonstrated such standards
'is the Secretary may prescribe In order to
i ssure that It will be operated and Us serv-
1 res delivered in an effective manner con-
5 is'ent with the purposes and provisions of
this Act. shall be entitled to a Federal snb-
; Idy of 10 percent of the amount of premium
< harged by a qualified carrier (as determined
under section 232) at an approved group
] ate for prepaid coverage of the individual
: or Comprebensive Health Care Benefits
mder an approved insurance contract or
iirepnyment plan to which the Secretary Is'
;:ot a party. Payments under this subsection ;
Ihall. upon certification by the Secretary, be
1 nade to the carrier.
(2) As used in this subsection, (A) the ,
' erm "approved group rate" means a group
ate prescribed or approved (for the coverage
; eferred to in paragraph ( 1 )) by the State
health Commission (or Its delegate agency)
-.nder the State plan (approved under part
i; of title I) of the participating State of
(•hlch the Individual concerned is a resident
I IT. in the case of coverage under an em-
)loyer plan, the State In which the individual
s employed: (B) the term "approved Insur-
mce contract or prepayment plan" means an
nsurance contract or prepayment plan that
t approved by the Secretary under section
!34: and (C) the term "premium" does not
nrlude special premiums payable. In accord-
ince with the provisions referred to In sec-
;ion 234. by a registrant to a carrier to cover
he copayment component of capitation
;harpes paid by the carrier to the registrant's
ilealth Care Corporation.
(3) If the coverage of the Insurance con-
tract or prepayment plan lor an individual
(or an individual and his family) entitled to
a contribution under paragraph (1) includes
Comprehensive Health Care Benefits but also
includes benefits greater than those required
for Compreh.'nsive Health Care Benefits cov-
erage and a combined premium rate is
charged by the carrier for the total coverage,
the Federal contribution payable under para-
graph (1) shall be based on that portion of
the total premium which, in accordance with
actuarial principles, is attributable to cover-
age for Comprehensive Health Care Benefits
for that Individual (or him and his family)
and shall be determined in accordance with
regulations of the Secretary.
(4) Entitlement to a contribution under
paragraph ( 1 ) , and the amount thereof, shall
be determined without regard to whether the
cost of the remainder of the premium is
borne (or whether in the absence of that
contribution the cost of that portija of the
premium which is equal to the contribution
would be borne) by the co- ered individual,
by his employer, or by any other person or
agency.
(d) For definitions of "low-income per-
son", "low-income family", "medically indi-
gent person", "medically indigent family",
and "family", see sections 203 through 205.
INCOME CLASSES
Sec. 203. (a) For purposes of this part —
(1) the terms "low-income person" and
"low-income family" means, respectively, a
single Individual or family In income class 1;
(2) the terms "medically indigent person"
and "medically indigent family" mean, re-
spectively, a single individual or family in
income class 2, 3. or 4;
(3) all persons or members of families not
in Income class 1, 2, 3 or 4 are classified as
being in Income class 5;
(4) the term "Income class", with respect
to a single individual or a family, means
for any coverage year the Individual's or
family's Income class as determined by appli-
cation of —
(A) the table set forth In subsection (b)
of this section, or
(B) If containing higher doUar^amounts,
the redetermined Income class table promul-
gated by the Secretary for that vear under
section 204; and
(5) the term "single individual" means an
individual who is not a member of a "fam-
ily" wlthlp the meaning of section 205.
(b)(1) The income class table referred
to in subsection (a) (4) (A) Is as follows:
TABLE OFirjCOME CLASSES-FAMILY SIZE AND INCOME
RANGES
,Col. I {%^ c^ui
•"»
Col III
Single
Income class individual Famlyol2
1..
2..
3..
4..
5..
OtoJ2,000.. .. C to $3,000
$2,001 to $3,000. $3,001 to >4,500
$3,001 to $4,5C0, $4,501 to *6,000
$4,501 to $6,000. $6,001 to $7,500
Above $6,000... Above $7,5Cn.
Coll
Col. IV
Col V
Income class
Family of 4 or
Family of 3 more
1 Oto $4.500 Oto $6,000.
$4,501 to <G,0CO. $6,001 to $7 500
$6,001 to <7.5O0. $7,501 to $9,000.
$7,501 to i9.000- $9,001 to
$10,500.
Above $9 ,000... Above $10,500
PERIODIC R5:VISION OF INCOME CLASSES
Sec. 204. (ai Not later than December 31 of
each calendar year (after the year in which
this Act Is enacted), the Secretary shall, in
accordance with subsection (b). redetermine
and promulgate —
(1) t»-o dollar amounts in the table of in-
come classes under section 203(b) :
(2) the amounts of annual premium con-
tributions to be required of medically in-
digent persons and medically indigent fam-
ilies under section 206:
(3) the dollar amounts of copajTnents
under s?ctlon 222; and
(4) for Catastrophic Expense Benefits, the
dollar amounts for the special-expenditure
limits under section 225.
(b) The redetermined amoimts shall be
the same as the amounts specified in the
respective sections cited in subsection (a)
unless the average of the Consumer Price
Index for the months of July. AugiSt, and
September of the calendar year in which
the redetermination is made exceeds by 3
percent or more the average of that index for
the corresponding months of the year in
which this Act is enacted. In tlie latter
event, the Secretary shall adjust each of the
amounts so specified by increasing it by
the same percentage as the percentage in-
crease (referred to In the preceding sen-
tence) In the average of the Consumer Price
Index, after rounding the latter percentage
to the nearest multiple of 0.1 percent (or to
the next higher multiple if the percentage is
an odd multiple of 0.05 percent i a:id round-
ing each dollar amount so obtained —
( 1 ) for the table of Income classes, to the
nearest multiple of $100 (or to the next
higher multiple if the amount to be rounded
is an odd multiple of $50) ,
(2) for premium contributions to be made
by medically Indigent persons and medi-
cally indigent families, to the nearest mul-
tlDle of $10 (or to the next higher multiple
if the amount to be rounded is an odd mul-
tiple of $5).
(3) for copayments, to the nearest multiple
of 25 cents (or to the next higher multiple
if the amount to be rounded is an odd mul-
tiple of 12''2 cents) , and
(4) for the special-expenditure limits for
Catastrophic Expense Benefits, to the nearest
multiple of $100 (or to the next higher mul-
tiple if the amount to be rounded Is an odd
multiple of 850) .
(c) The amounts as so redetermined and
promulgated In any calendar year (whether
or not the same as the amounts specified in
the sections cited hi subsection (a)l shall
be eff^ectlve for any coverage year that begins
in the fiscal year beginning in the following
calendar year.
(d) As used in this .section, the term "Con-
sumer Price Index" means the Consumer
Price Index (All Items — United States City
Average) published monthly by the Bureau
of Labor Standards of the Department of La-
bor.
DETERMINATION OF INCOME LEVTL
Sec. 205. (a) For the purposes of this part,
the rate of Income of a single Individual or
a family shall be determined on the basis of
his adjusted gross Income (in the case of a
single individual) or the family's combined
adjusted gross income (In the case of a fam-
ily), as defined in accordance with regula-
tions prescribed by the Secretary in consulta-
tion with the Secretary of the Treasury or
his delegate, for the calendar year preceding
the coverage year with respect to which the
determination Is made; except that —
(1) the Secretary may prescribe regulations
(A) excluding from the amount thus deter-
mined items of income that are not reason-
ably available for living expenses, and (B)
including therein items that are reasonably
available for living expenses although not
Included in adjusted gross Income, and
Jamiary 9, 1973
CONGRESSIONAL RECORD — HOUSE
529
(2) the Secretary may by regulation pro-
vide for redetermination of an Individual's
or family's rate of Income on a more current
basis when necessary to prevent serious hard-
ship or inequity.
(b) For the purposes of this part —
(1) the term "family" means (A) a hus-
band and wife (not divorced or Judicially
separated) or (B) such spouses and their
dependent unmarried children under 19, or
(C) an Individual and his or her dependent
unmarried children under 19; and
(2 1 The terms "child" and "dependent"
(as applied to a child) have the meanings
assigned them in sections 151 and 152 of the
Internal Revenue Ccxle of 1954.
PREMIUM CONTRIBUTIONS FOR FEDERALLY
CONTRACTED COVERAGE
Sec. 206. (a)(1) In the case of medically
Indigent persons and members of medically
indigent families referred to in section 202
(b)(2). entitlement to coverage contracted
for by the Secretary shall be subject to the
condition that the individual or family con-
cerned, or another person or agency on the
individual's or family's behalf, contribute to
the carrier's annual premium charge for such
coverage.
(2) (A) The annual amount of contribu-
tion so required with respect to such an In-
dividual or family shall be —
(I) $50 for a single individual, and $125
for a family, in income class 2;
(II) $100 for a single Individual, and $250
for a family, in Income class 3;
(ill) $150 for a single Individual, and $375
for a family, in Income class 4;
except that In the case of a family (in any
such Income class) in which only one mem-
ber is imder the age of 65, the amount of
contri|butlon required under the foregoing
clause ^applicable to that Income class shall
be the amount specified In that clause for a
single Individual, and except that If, by
reason of an Increase In the Consumer Price
Index, higher contribution amounts are
promulgated under section 204 by the Secre-
tary with respect to single Individuals or
families In Income class 2, 3, or 4 for any
coverage year, those amounts shall apply for
that year.
IB) For determination of Income classes,
see section 203.
(b) Annual contributions under this sec-
tion shall be payable, by or on behalf of the
individual or family concerned, to the car-
rier under whose contract with the Secretary
the Individual or family is enrolled, in such
Installments and in such manner as may
be prescribed by the Secretary by regula-
tion. There shall be no recourse against the
United States under this title on account of
any delinquency or default in the payment
of such contributions. For effect of delin-
quency or default on coverage, see section
236.
INCOME TAX DEDT7CTIONS BY INDIVIDUALS
Sec. 207. Section 213 (a) (2) of the Inter-
nal Revenue Code of 1954 (relating to In-
dividual's deduction for medical Insurance
expense) is amended to read as follows:
"(2) the sum of —
"(A) an amount (not In excess of $150)
equal to one-half of the expenses (other
than those deductible under subparagraph
*B) ) paid during the taxable year for Insur-
ance which constitutes medical care for the
taxpayer, his spouse, and dependents (as
defined In section 152), and
"(B) In the case of a taxpayer who at any
time during the taxable year Is covered under
an Insurance contract or prepayment plan
approved by the appropriate State Health
Commission under title I of the National
Health Care Services Reorganization and Fi-
nancing Act, an amount equal to all the ex-
penses paid during the taxable year for Com-
prehensive Health Care Benefits coverage, as
defined in section 222 of that Act."
LIMITATION OF MEDICAID TO SUPPLEMENTA'nON
OF COMPREHENSIVE HEALTH CARE BENEFITS
Sec. 208. (a) On and after the effective
date of entitlement to benefits under this
part, a participating State (as defined in sec-
tion 134(d)(2)) shall, notwithstanding any
provision of XIX of the Social Security Act
(relating to grants to States for medical
assistance programs) , not be required to pro-
vide in its State plan under that title for t>ay-
Ing under that plan for any service or item
(set forth in section 222) that Is covered by
Comprehensive Health Care Benefits and Is
furnished to an individual who Is entitled to
such coverage under section 202. Any amount
expended by such a participating State for
furnishing any such service or item to such
an individual on or after that date (whether
or not the service or item is in fact covered
under that State plan) shall be disregarded
in determining the amount of any payment
to be made to the State under title XIX of
of that Act.
(b) The Secretary shall, with a view to
supplementing (so far as practicable),
through State plans under title XIX of
the Social Security Act, the coverage of Com-
prehensive Health Care Benefits for Individu-
als referred to in subsection (a) . prescribe by
regtilatlon the minimum scope of services
and Items that shall (In lieu of the require-
ments of section 1902(a) (13) of that Act)
be included, on and after the date referred
to In subsection (a). In a State plan as a
condition of approval under title XIX of that
Act.
Part B — Comprehensive Health Care
Benefits
pay.ments for comprehensive health care
benefits
Sec 221. ( a ) ( 1 ) Except as provided In para-
graph (2). coverage of a registrant for Com-
prehensive Health Care Benefits shall entitle
the registrant to have the carrier pay. In ac-
cordance with part C of this title but subject
to the limitations of this part, the approved
predetermined charges of the Health Care
Corporation, of which he is a registrant, for
services and items (set forth In section 222)
furnished to him and covered by such ben-
efits, or, in those instances In which sub-
section (b)(3) applies, the charges (ap-
proved and submitted to the carrier In ac-
cordance with section 143(f) ) of another
Health Care Corporation or provider that
furnished to him covered services or items.
Such coverage Is subject to the carrier's
right (as provided In part C of this title) to
reimbursement from the registrant in the
amount of the copayments (If any) payable
under this part, and subject to the other
provisions of this part
(2) In the case of registrants of an ap-
proved Health Care Corporation that operates
on a capitation charge basis, coverage for
Comprehensive Health Care Benefits shall
entitle the registrant to have the covering
carrier (or the Secretary where the registrant
Is enrolled under a contract of the Secretary
with the corporation under section 235)
make payment of capitation charges (instead
of fee-for-service charges) on his behalf In
accordance with the applicable provisions of
part C of this title. The conditions under
which, the manner in which, and the extent
to which the amotmts of copayments pro-
vided for in this part, or the actuarial equiv-
alent of such copayments. is to be paid and
collected in such cases. Is also governed by
part C of this title.
(3) For payment by the carrier to the
Health Care Corporation for certain charges
not covered by Comprehensive Health Care
Benefits, see section 235.
(b) In the cEise of an Individual not regis-
tered with a Health Care Corporation, such
individual shall make copayments In the
amounts specified in the benefit table in sec-
tion 222. and subject to changes In the Con-
sumer Price Index as determined in sections
204 and 224. Such Individuals shall be re-
sponsible for copayments and payment foi
noncyvered services at the time services are
provided, the carrier paying the non-affiliated
provider for covered services, less the copay-
ment amount, in accordance with charges
approved by the State Health ^Commission.
DEFINITION OF COMPREHENSIvf HEALTH CARE
BENEFITS
Sec. 222. (a)(1) Comprehensive Health
Care Benefits shall, subject to other pro-
visions of this title, consist of benefits for
(A) Outpatient Services. (B) Inpatient
Services, and (C) Catastrophic Expense
Benefits, as described or referred to In the
benefit table set forth In subsection (b) and
In other provisions of this title. In addition
to specific requirements for the Issuance of
regulations in the table and in other pro-
visions of this part, the Secretary Is author-
ized to issue from time to time such further
regulations governing and otherwise adjust-
ing the application of the table as in his
Judgment will best carry out the purposes of
this Act.
(2) For the purposes of the table and of
the subsequent provisions of this part —
(A) the term "coverage year" with respect
to an Individual means a 12-month period of
Comprehensive Health Care Benefits coverage
of the Individual under a qualified carrier's
insurance contract or prepayment plan which
coincides with a 12-month (annually renew-
able) term of that contract or plan; and the
Secretary shall by regulation provide for ap-
plication of the table to an individual whose
Initial enrollment under such a contract or
plan occurs after the beginning of a then cur-
rent 12-month term of the contract or plan
or who is enrolled under a carrier contract
with the Secretary that has a shorter initial
term;
(B) the term "benefit period" with respect
to an individual meanc a period of consecu-
tive days —
(I) beginning with the first dav (not In-
cluded In a previous benefit period) that oc-
curs during a coverage year and on which he
Is furnished covered impatient hospital serv-
ices, post-hospital extended care services,
nursing home care, or ser\'lces under an out-
patient Instltulonal-care program for
mental Illness, alcoholism, or drug abuse or
drug dependence (as provided In paragraphs
A.3.a. and B.l. respectively, of the benefit
table), and
( II ) ending with the close of the first period
of 60 consecutive days thereafter (whether
or not in t^e same coverage year) on which he
Is not receiving anv of the care or service
referred to In clause (1) :
(C) the term "regulations" refers to regu-
lations of the Secretary: and
(D) the term "outpatient services" means
services listed under the heading "Outpatient
Services of Health Care Corporations" In the
benefit table (including such services to pa-
tients confined to the home) and furnished
to individuals who are not Inpatients covered
for services under paragraph B.
For other definitions of terms used In the
table, see section 228.
(b) The table referred to in subsection (a)
is as follows:
)30
f hy
A. Outpatient Services
Periodic Health Evaluation
a. Screening tests and examinations, as prescribed by regula-
tions under section 226, followed by physical examination by a
yslclan or physicians when Indicated by the screening.
a. All Immunizations
c. Well-Baby Care (for Infants under age 5) —
(11) during next 12 months;
1 1) during 1st 12 month following birth; 1
I ill) during next 3 years. )
d. Dental Services
The following professional dental services Including drugs and
jppUes that are commonly furnished, without separate charge,
a^ an Incident to such professional services:
(I) Oral examination. Including (I) prophylaxis (with fluoride
aJjpUcatlon at appropriate ages), (II) dental X-rays, and (III) in
icordance with regulations, other accepted preventive dental
procedures,
(II) To the extent prescribed by regulation under section 226 and
t covered under (1), above, dental care other than orthodontia;
t Including, insofar as the Secretary finds that resources of
.clllties and personnel make practicable, routine extractions,
dfental fillings, and appropriate prosthetic appliances.
rot
b.i
1:1
or
CONGRESSIONAL RECORD— HOUSE
January 9, 1973
I — SERVICES AND ITEMS COVERED
Table op Comprehensivz Health Care Benefits
n copayments* and limitations
e. Vision Services (In accordance with regulations under section
2^6)
(I) Professional services In routine eye examination. Including
ptocedures performed (during the course of an eye examination) to
dnermine the refractive state of the eyes and procedures for fur-
nishing prosthetic lenses, provided either by an ophthalmologist or
o ;her physician skilled In diseases of the eye or by an optometrist
( vhlchever the patient may select) .
(II) Eyeglasses with prescription lenses. Including the fitting
thereof, and Including additional lenses and frames as needed.
Physicians' Services and Ancillary Health Care
When not otherwise covered under this table —
a. Physicians' services (Including radiotherapy) on an outpatient
bisls In any appropriate Institutional or home calls), and services
li any such setting under a physician's supervision by allied health
pi rsonnel (as defined In regulations) .
eipd
o
P
Diagnostic procedures on an outpatient basis (when not cov-
under subparagraph a.). Including diagnostic tests, prescribed
ordered by a physician In connection with services referred to In
iragraph a.
c. Hospital or outpatlent-cent«r services (not Included above
r« ndered to outpatients and Incidental to physicians' services cov-
ei ed under paragraph 1.
d. Supplies, materials, and use of facilities and equipment In
c< nnectlon with the foregoing services. Including drugs admlnls-
tered or used as a part of services covered In paragraph 1, 2, or 3.
e. Ambulance services.
Other Outpatient Services
a. Outpatient Institutional-Care Program
a; coholism, or Drug Abuse and Dependence.
for Mental Illness,
Such day-care or other part-time services and other Items as may
specified in regulations under section 226, furnished to patients,
■er than Inpatients, under a program for the treatment of mental
ess. alcoholism, or problems of drug abuse and drug dependence.
b. Drugs, Prosthetic Devices, and Medical Equipment.
(I) Drugs (other than those covered under paragraph A.I., A.2.,
B.I. of this table) dispensed to patients other than Inpatl^ts.
b«
oti
111 less
No copayment.
Within such limits as may be prescribed by regulation under
section 226.
No copayment and no limitation.
No copayment.
8 visits. *
4 visits.
2 visits per coverage year.
Items d4(l) and (11) In column I apply Initially only to
children born not more than 7 years before the effective date of
this subpart. For those Initially covered, the benefits extend
through age 12.
No Cflpayment.
1 exaSilnatlon per coverage year.
Copayment 20 percent of charges.
For Individuals through age 12.
No copayment.
1 visit per coverage year (Including therein a follow-up verifica-
tion of conformity of prescribed lenses with a prescription Issued
during the visit).
Copayment 20% of charges.
Initially, one set of eyeglasses (Including frame and lenses);
thereafter, only newly prescribed lenses and frames as required (but
not more often than once a coverage year) because of a change In
the condition of the eyes. Standards to be established by regulations
promulgated by the Secretary In accordance with section 226.
For physicians' services, a copayment for each visit of two dollars.
Copayments under this paragraph for services in facilities involved
in clauses c. and d. below appy only to services of attending
physician.
Limited to 10 visits per coverage year. Except that, in accordance
with regulations no limit on the number of visits shall appy to
services preceding or following Inpatient care in cases (such as
surgery or pregnancy and obstetrical care) In which a single com-
bined approved charge Is made by the provider for such outpatient
and Inpatient services.
20% copayment.
Copayment requirement waived for registrants of Health Care
Corporations.
No separate limitation.
No separate copayment.
No separate limitation.
No separate copayment.
No separate limitation.
20% copayment.
Covered only when other methods of transportation are contra-
Indicated by the patient's condition, and only to the extent pro-
vided In regulations.
A two-dollar copayment, per day, except that copayments may,
by regulation, be waived for treatment of drug abuse and drug
dependence. (No separate copayment for physicians' services ap-
plies under this subparagraph, whether or not such services are
charged for separately.)
Limited to visits or sessions on 3 days under such a program In
lieu of each day of inpatient hospital care allowable during a
benefit period (under paragraph B.l.a. below) for the treatment
of mental illness, alcoholism, or drug abuse or drug dependence.
For each drug prescription, and each refilling of such a prescrip-
tion, a one dollar copayment.
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
531
(II) Prosthetic devices (including hearing aids) prescribed by a
physician and not otherwise covered in this table.
(III) In accordance with regulations, durable medical equipment
(not otherwise covered as described In section 1861 (s) (6) of the
Social Security Act, certified by a physician as being medically
required.
c. Home Health Services
Such items and services as are defined as "home health services"
by section 228(d) and regulations thereunder.
B. Inpatient services
1. Institutional Services
a. Inpatient Hospital Care
Items and services defined by section 228(e) as "Inpatient hos-
pital care."
b. Post-Hospital Extended Care
^ Extended care services (as defined in section 228(b)) furnished
an Individual after transfer from a hospital in which he was an
Inpatient for not less than 3 consecutive days. For the purpose of
the preceding sentence, the second sentence of section 1861(1) of
the Social Security Act shall apply.
c. Nursing Home Care
Nursing home care as defined in section 228.
2. Physicians' Services
Those physicians' services to inpatients which are not Included
as "institutional services" under paragraph B.l.a., b., or c.
C. Catastrophic expense benefits
Section 225 defines the conditions under which these benefits
become effective in any coverage year with respect to any individual
or family. To summarize: In the case of a low-income person or
low-income family (class 1), these benefits are effective
immediately. In the case of medically indigent persons or
families (classes 2-4), they become effective when the person or
family has incurred in a coverage year, for premium contributions,
copayments, and certain other expenditures combined, a total ex-
penditure equal to an amount determined by application of a table
in section 225. In the case of Individuals or families In Income
class 5, these benefits apply when a variable expendltxire limit Is
reached, determined by taking 10% of the individual's or family's
Income. The dollar figures in the tables and the absolute expendi-
ture limit may be adjusted by the Secretary on an annual basis,
whenever the Consumer Price Index is more than 3% above the
Index for the base period (see sections 204 and 224) .
Covered only if (1) the drug (whether or not It Is subject to a
prescription requirement under any law other than this title) has
in fact been prescribed by a physician and Is listed under Its estab-
lished name (as defined In section 502(e) of the Federal Food, Drug,
and Cosmetic Act) In a list established for the purposes of this
title by the Secretary under section 226(c), and (2) In the case of
a drug listed under section 226(c) (2) (B), the disease or condition
for which the drug has been prescribed is one for the treatment of
which the drug Is designated in that list as appropriate.
Copayment 20% of charges.
Covered only If listed in, and in accordance with, regulations
under section 226.
Copayment 20 % of charges.
Covered only if listed In, and in accordance with regulations
under section 226; and subject to criteria for payment prescribed
under that section.
r I
For each visit, a two-dollar copaymerit.
Coverage of such services shall be limited to 100 visits per coverage
year. The certification and recertlfication requirements of section
1835(a) (2) of the Social Security Act, with such modifications (if
any) as the Secretary may by regulation prescribe, may be applied
by the carrier. ^
A five-dollar copayment, per day.
Coverage is limited to 90 days of Inpatient hospital care received
in any benefit period; except that for treatment of mental Illness,
alcoholism, and problems and conditions of drug abuse or drug
dependence the limit Is 45 days. (The limitation on treatment of
mental Illness, alcoholism, and problems and conditions of drug
abuse or drug dependence is 90 days of inpatient hospital care
for registrants of Health Care Corporations.)
A two-dollar-and-fifty-cent copayment, per day.
Limited to 30 days of such care received in any benefit period.
A two-dollar-and-flfty-cent copayment per day.
Coverage shall be limited to 90 days of such care received In any
benefit period.
A two-dollar copayment, per visit of the attending physician only.
In accordance with regulations under section 226, in the case of
services (such as surgery or pregnancy and obstetrical care) in
which a single charge Is made by the corporation for the attending
physicians' services combined with any preceding or following
outpatient services related thereto, a copayment of 10% of such
combined charges shall apply. Copayments for physicians' services
under this paragraph are In addition to the daily copayments
for institutional care.
No separate limitations.
For elimination of certain limits on coverage for Physicians' Serv-
ices and Inpatient Hospital Services when Catastrophic Expense
Benefits take effect in a coverage year, see section 225.
Psychoanalysis Is excluded under catastrophic coverage, except In
those cases in which it is utilized for the treatment of severe func-
tional disability for which no feasible alternative modes of therapy
exist.
• The initial amounts of the dollar copayments are subject to changes in the Consumer Price Index as determined under sections
204 and 224. I
LIMriATIONS AND EXCLUSIONS
Sec. 223. (a) Notwithstanding any other
provision of this title. Comprehensive Health
Care Benefits shall not cover charges for —
( 1 ) services or Items that are not medically
necessary (or, in the case of health mainte-
nance services under paragraph A. 1. of the
benefit table, medically appropriate), as de-
termined In accordance with regulations and
subject to such requirements for certification
and recertlfication by physicians as are speci-
fied in this part or in regulations;
(2) Inpatient treatment of tuberculosis,
mental illness, alcoholism, or problems of
drug abuse or drug dependence, unless the
condition of the patient Is In an acute
phase;
(3) custodial care, other than health-re-
lated custodial care;
(4) cosmetic surgery or charges Incurred
in connection therewith, except as required
for the prompt repair of accidental injury or
for Improvement of the functioning of a mal-
formed body member;
(5) personal comfort Items;
(6) drugs not prescribed, except when ad-
ministered by or under the Immediate su-
pervision of a physician; or
(7) (A) treatment of flat-footed conditions
and the prescription of supportive devices
therefor, or
(B) routine foot care (Including the cut-
ting or removal of corns or calluses, the
trimming of nails, and other routine hy-
genic care).
(b) Comprhenslve Health Care Benefits
shall not cover any Item or service to the ex-
tent that payment has been made, or can
reasonably be expected to be made (as deter-
mined In accordance with regulations) , with
respect to that Item or service under a work-
man's compensation law or plan of the
532
Uplted States or a State or under a motor
hide Insurance policy or plan. Any pay-
by the carrier under coverage under this
le with respect to any item or service shall
conditioned on reimbursement to the ear-
when notice or other Information is
celved that payment for the Item or serv-
? has been made under such a law. policy,
plan.
ic) Conjprehensive Health Care Benefits
sljall not cover —
I 1 ) charges for Items or services (other
an emergency services in accordance with
tton 143(f)) furnished by a Federal pro-
ler of services, except a provider of services
ich the appropriate State Health Com-
ssion determines is providing services (by
ngement with a Health Care Corporation
otherwise in accordance with part D of
e I) as a community institution or agency;
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CONGRESSIONAL RECORD — HOUSE
January 9, 1973
(2) charges of a Health Care Corporation
other provider for any item or service
ilch the corporation or provider is obligated
a law of. or contract with, the United
ites to render at public expense.
Id) 'D If the bed and board furnished as
t of Inpatient Institutional services is In
acfcommodatlons more expensive than seml-
pr .vate accommodations, the amount taken
o account for purposes of payment with
pect to such care under Comprehensive
Health Care Benefits coverage may not exceed
amount equal to the approved charges
the Health Care Corporation or non-
afllliated institutional provider for such serv-
If furnished In semlprlvate accommoda-
tldns unless the more expensive accommoda-
tions were required for medical reasons.
2) If the bed and board furnished as part
Inpatient services is in accommodations
ler than, but not more expensive than,
iprivate accommodations and the use of
h other accommodations was neither at
request of the patient nor for a reason
cojislstent with the purposes of this Act (as
ermined under regulations), the amount
the payment. If any, with respect thereto
,11 In no event be greater than the corpora-
s or nonaffiliated provider's approved
irge for bed and board In the accommoda-
tlcyis furnished.
3) For purposes of this subsection, the
"semlprlvate accommodations" means
-bed, three-bed. or four-bed accommoda-
te! m
tw )
t\af\s
e) If. In any other case. Items or services
ar^ furnished to an Individual In excess of.
or nore expensive than. Items or services with
res pect to which payment may be made under
Co nprehensive Health Care Benefits Cover-
agi . there shall be taken Into account, for
pu -poses of payment by the carrier, only the
ap )roved charges of the corporation or other
pr( vider with respect to which such payment
msp- be made.
COPAVMENT PROVISIONS
c 224. I a) Except to the extent that
Care Corporations operate on a pre-
rmined capitation charge basis and do
impos^ separate charges for services and
Items covered by Comprehensive Health
Benefits at the time such services and
are furnished to a covered Individual,
except when Catastrophic Expense Bene-
are In effect as determined under section
coverage for Comprehensive Health Care
f.ts is subject to the payment, by the
iered individual or on his behalf by an-
person or agency, of copayments in the
of services or Items with respect to
ch copayments are specified in the benefit
e set forth in section 222, but only if the
clvldual Is not a low-Income person or a
cf a low-Income family las defined
1 ectlon 203). As provided In part C of this
'. the amotmt of such copayments shall
be deducted by the carrier from payment
;he Health Care Corporation for covered
Ices and other items but shall be re-
S EC
He ath
dele
no
otl er
Cai e
itefns
an
fits
22c.
Beie
CO-
otlier
cas
wh
ta
In
mefnber
m
tit;
not
to
ser
covered by the carrier as provided In that
part, without recourse against the corpora-
tion. Payment for coverage for Compre-
hensive Health Care Benefits for an indi-
vidual who has not registered with a Health
Care Corporation shall be made by his carrier
at approved predetermined charges, less
copayments applicable for the services
provided.
(b) In those cases In which the table In
section 222 specifies as the required copay-
ment a stated percentage of charges with
respect to a covered service or item, the
amount of the copayment shall, subject to
section 223, be equal to that percentage of
the approved charges of the provider In-
volved for the covered service or Item. In
those cases in which the copayment In the
table Is stated as a dollar amount, If, by rea-
son of an increase in the Consumer Price
Index, a higher amount is promulgated for
any coverage year under section 204 by the
Secretary with respect to any copayment
Item than the amount specified In the table
of benefits for that item, the amount so
promulgated shall apply with respect to that
year.
CATASTROPHIC EXPENSE BENEFITS
Sec. 225. (a) When Catastrophic Expense
Benefits are in effect as a part of coverage
for Comprehensive Health Care Benefits with
re-spect to a covered individual in a coverage
year, (1) copayments that would otherwise
be required to be made by or on behalf of
that individual shall not be required with
respect to services or items furnished In that
coverage year on or after the effective date
of those benefits, and (2) the benefit limits
shown In column II of the benefit table for
physicians' services and ancillary health care
(paragraph A. 2. a.), for outpatient Institu-
tional-care programs for mental illness, al-
coholism, or drug abuse or drug dependence
(paragraph A. 3. a.) , and for Inpatient hospi-
tal care (paragraph B. 1. a.) become Inappli-
cable during that period for those classes of
services and care except as otherwise Indi-
cated In that column.
(b) (1) In the case of a covered Individual
who Is (or whose family is) In Income class
1, with respect to a coverage year. Catastroph-
ic Expense Benefits shall automatically be
in effect during the entire year as part of his
coverage for Comprehensive Health Care
Benefits.
(2) In the case of any covered Individual
(or his family) In Income class 2, 3, or 4,
Catastrophic Expense Benefits shall become
effective In a coverage year when the sum of
creditable expenditures incurred by him, or
incurred by him and all other members of
his family in the case of an Individual who
Is a member of a family, equals the amount
of a special expenditure limit determined as
in the table below (or the amount redeter-
mined by the Secretary for that year under
sedtlon 204) .
SPECIAL EXPENDITURE LIMIT TABLE
Incbi
Incbnieclass
Expenditure Expenditure
limit limit
under 65 65 and over
2 , $250
3 i 500
4 750
tl2S
250
375
(3) In the case of an individual and his
family who are In income class 5, the spe-
cial expenditure limit beyond which Cat-
astrophic Expense Benefits are to take effect
shall vary according to the level of income,
with the exact limit set at 10 percent of the
Individual's or family's Income (as defined
In accordance with the regulations prescribed
by the Secretary in consultation with the
Secretary of the Treasury or his delegate).
The Income base to which the 10 percent Is to
be applied shall be rounded to the nearest
multiple of $100 (or to the next higher multi-
ple If the amount to be rounded Is an odd
multiple of $50) .
(4) the following expenditures incurred
by a covered individual, or incurred by him
and other members of his family in the case
of an individual who Is a member of a famUy
shall be counted as creditable expenditures
in determining under paragraph (2) whether
and when Catastrophic Expense Benefits be-
come effective with respect to him in a cov-
erage year :
(A) Expenditures incurred for premiums
or contributions to premiums, for Compre-
hensive Health Care Benefits coverage (for
that year) of that individual, or of him and
other members of his family.
(B) Expenditures incurred in that year for
copayments under Comprehensive Health
Care Benefits coverage, and expenditures for
copayments incurred in the last 3 months of
the immediately preceding coverage year un-
der such coverage.
(C) (1) Expenditures Incurred In the cov-
erage year involved for charges for phy-
sicians' services and ancillary health care
(other than treatment of mental illness de-
scribed In column I of paragraph A. 2. of the
benefit table, or for outpatient Institutional
care for mental illness, alcoholism, or drug
abuse or drug dependence as described in
paragraph A. 3. a. in that column, or for
inpatient hospital care or physicians' services
to Inpatients (other than for mental Illness,
alcoholism, or drug abuse or drug depend-
ence) described in paragraph B. 1. a. or B. 2.
In that column, if those charges were ex-
cluded from coverage under such paragraph
solely because of the applicable limitations in
column n of the benefit table on the num-
ber of visits per coverage year or on the num-
ber of days of care per benefit period; and
(11) like expenditures Incurred In the last
3 months of the Immediately preceding cov-
erage year and applied toward the applicable
expenditure limit or limits under this section
for that year.
(5) For the purposes of this section—
(A) expenditures are (whether or not pay-
ment Is or has been made) deemed to be
incurred—
(I) In the case of the individual's con-
tributions to premiums, when payment Is
due; or
(II) m the case of copayments, and of
charges described in paragraph (4) (C). when
the service or item giving rise to the co-
payment or charge was provided, unless pay-
ment is sooner made; and
(B) expenditures are deemed to be In-
curred by a covered individual (unless they
are Federal payments) if paid or payable by
the covered individual or on his behalf by
another person or agency.
RE0TJI<ATIONS FOR COMPREHENSIVE HEALTH
CARE BENEFITS
Sec. 226. (a) In addition to any other reg-
ulations and standards with respect to the
coverage of Comprehensive Health Care Ben-
efits and the various classes thereof, pay-
ment of charges to Health Care Corporations
for services and Items covered thereby, col-
lection of copayments by carriers as pro-
vided in part C of this title, and other mat-
ters relating to such benefits, the Secretary
shall issue regulations on the matters re-
quired by this section. Section 240, relating
to regulations affecting the rights and obli-
gations of carriers, shall also apply to regu-
lations under this part.
(b) The Secretary shall Issue regulations
amplifying the provisions of the benefit table
with respect to health maintenance benefits
covered by paragraph A. 1. of the benefit
table and in particular shall—
(1) In the light of the special emphasis of
this Act on the obligation of Health Care
Corporations for health maintenance, pre-
scribe the coverage of Comprehensive Health
Care Benefits with respect to periodic health
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
533
evaluation as comprehensively as resources
of facilities and personnel will permit and
with a view to keeping in step with modern
developments in this field, and In this con-
nection consider —
(A) insofar as the frequency of evaluations
Jor particular age groups is concerned, the
provision of one appropriate evaluation per
coverage year for Individuals aged 65 or older,
one every second year for those aged 19 to 64
Inclusive, and one every five years for those
aged 5 to 18 Inclusive; and
(B) Insofar as the components of such
evaluations are concerned, including In such
coverage, as the Secretary may deem medi-
cally appropriate and practicable for the dif-
ferent age, sex, and other patient groups,
regularly scheduled complete histories, blood
tests, serologies, urinalyses, and other appro-
priate chemical laboratory tests; chest X-
rays; electrocardiograms; Papanicolaou
smear tests; rectal and proctoscopic exami-
nations; glaucoma tests; and hearing tests;
and
(2) issue regulations with respect to the
coverage of paragraph A. 1. e. of the benefit
table for vision services.
(c) The Secretary shall Issue standards
and other regulations with respect to cover-
age under paragraphs A. 2. and A. 3. and
paragraph B. of the benefit table, and in
particular shall^
il) define the physicians' and other serv-
ices, and the drugs and other items, that are
to be covered as benefits under paragraph
A. 3. a. of the benefit table In outpatient In-
stitutional-care programs for mental illness,
alcoholism, or problems of drug abuse and
drug dependence, and set forth such criteria
for these benefits as will encourage the estab-
lishment and use of such programs on a
sound basis and lessen the need for impa-
tient treatment of these conditions; and
waive, or provide for the waiver, of copay-
ments in such programs for the treatment
of drug abuse and drug dependence to the
extent that the Secretary finds that such
waiver is desirable In order to encourage the
use of these programs by persons who are in
need of such treatment;
(2) for the purpose of coverage of drugs
under paragraph A. 3. b. (1) of the benefit
table, establish and keep current, on the
basis of determinations of the Secretary with
respect to the safety and eflicacv of the drugs
involved —
(A) a list of the categories of drugs that
the Secretary finds to be appropriate for the
treatment of diseases or conditions requir-
ing drug therapy of such duration and cost
as commonly to Impose financial hardship;
and
(Bi a list that (1) designates diseases and
conditions, requiring Intensive drug therapy
(With drugs other than those listed under
subparagraph (A)), which the Secretary
finds to be of especial importance to the pub-
lic health, and (ii) specifies with respect to
each such disease or condition the category
of drugs which the Secretary finds to be ap-
propriate for the treatment thereof:
(3) (A) designate prosthetic devices (in-
cluding such devices not included under sec-
tion 1861 (s» of the Social Security Act and
including hearing aids) to be covered under
paragraph A. 3. b. ilii of the benefit table,
and iB) prescribe the conditions for cover-
age of durable medical equipment (as de-
scribed in section 1861 (s) of the Social
Security Act) under paragraph A. 3. b. (ill)
of that table ( including criterja for deter-
mining whether payment for e.^ensive pur-
chased equipment shall be made on a rental-
equivalent basis) ;
(^)(A)(i) prescribe regulations for deter-
mining what is to be counted as a visit in the
case of physicians' services covered under
paragraph A. 2. a. of the benefit table and
physicians' services covered under paragraph
B. 2. of the table: (ii) prescribe regulations
'I) exempting from the limits on the num-
ber of visits under paragraph A. 2. a. of the
table physicians' services preceding or fol-
lowing Inpatient care in case (such as sur-
gery, or pregnancy and obstetrical care) In
which a single combined charge is made, by
the provider involved, for any outpatient and
Inpatient services, and (II) providing for co-
payments in such cases in an amount equal
to a percentage of the combined covered
charges for outpatient and Inpatient phy-
sicians' services as specified in column II of
paragraph B. 2. of the table; and
(5) prescribe regulations, referred to In
column II of paragraph A. 3. c. of the benefit
table, with respect to the nature and num-
ber of visits to be counted for home health
services coverage purposes.
PHASING OF ADDITIONAL BENEFITS
Sec. 227. The Secretary shall submit to
Congress recommendations for the expansion
of benefits after the program Is in operation
as specified in section 302. The Secretary shall
give special consideration to the expansion
of benefits for dental and vision services
based on the availability of resources.
OTHER DEFINITIONS
Sec. 228. For the purposes of this part:
(a) The term "drug" means a drug within
the meaning of section 201(g) (1) of the Fed-
eral Pood, Drug, and Cosmetic Act, as now in
force or as hereafter amended. Including any
product of a kind subject to licensing under
section 351 of the Public Health Service Act.
(b) The terms "extended care services"
and "nursing home care" mean, respectively,
services and items specified as such In regu-
lations of the Secretary (Including the serv-
ices specified In section 1861 (h) of the So-
cial Security Act) for the respective classes
of Institutions, if the services are —
(1) furnished to patients who reqtilre ac-
tive inpatient treatment but are not in an
acute phase of illness and who currently
either require primarily convalescent or re-
storative services or require primarily health-
related custodial care:
(2) furnished under arrangements, in ac-
cordance with section 133(d), for the trans-
fer of patients among Inpatient care facilities
as medically appropriate;
(3) furnished by an institution which (A)
meets the requirements of paragraphs ( 1 )
through (9) of section 1861 (j) of the Social
Security Act (defining the term "skilled
nursing facility" for purposes of title XVIII
of that Act). (B) meets such other condi-
tions relating to the physical facilities or to
the safety or quality of care of patients as
the Secretary may by regvilatlon prescribe for
the respective classes of institutions, and
(C) is not an institution primarily for the
care and treatment of mental Illness or
tuberculosis: and
(4) In the case of extended care serv'lces,
furnished by an institution which Is struc-
tumlly a part of. physically connected with,
or in immediate proximity to a hospital, and
either Is under the supervision of the pro-
fessional staff of the hospital or has an or-
ganized medical staff.
(c) The term "health-related custodial
care" means that component of comprehen-
sive health care which—
( 1 ) Is furnished to a patient who has a
non-curable disease diagnosed by a physician
(as defined in section 1861(r)(l) of the So-
cial Security Act) as still requiring medical
or nursing care (or both), for palliation or
as terminal care, through extended care serv-
ices or nursiiig home care or home health
services or physicians' home calls:
(2) has the purpose of maintaining the
wer.-bein<T of that patient to the maximum
degree possible: and
(3 ) involves a patient who either —
(A) is bedridden, or unable to get into
and out of bed without assistatice. or
(B) requires nursing care procedures (such
as complicated dressings. Irrigations, or in-
travenous medications) that cannot be per-
formed bj? the patient or by nonnursing per-
sonnel (such as a family member or com-
panion) , or
(C) experiences frequent episodes of sud-
den, acute Illness requiring emergency treat-
ment that cannot be controlled by medica-
tion (such as uncontrolled diabetes, epilepsy,
paroxysmal tachycardia, or filbrlUation) , or
(D) requires constant physical restraints
to prevent Injury to himself or others (as
In the case of senile patients or patients who
suffer from certain mental Illnesses).
(d) (1) The term "home health services"
means (subject to paragraph (3) ) the Items
ai^d services specified in paragraph (2), If —
(A) they are furnished to an individual
who is under the care of a physician:
(B) they are furnished by a Health Care
Corporation either directly or through an
affiUated provider that Is a "home health
agency" as defined in section 1861 (o) of the
Social Security Act (but not excluding an
agency or organization that is primarily for
the care and treatment of mental Illness);
(C) they are furnished under a plan, es-
tablished and periodically reviewed by a phy-
sician, lor furnishing them to the individual;
and
(D) they are, except as provided in para-
graph (2)(G), furnished on a visiting basis
In a place of residence used as the Individ-
ual's home.
(2) The Items and services referred to In
paragraph ( 1 ) are —
(A) part-time or Intermittent nursing
care provided by or under the supervision
of a registered professional nurse:
(B) physical, occupational, or speech
therapy;
(C) medical social services under the di-
rection of a physician;
(D) to the extent permitted In regula-
tions, part-time or Intermittent services of a
home health aide;
(E) medical supplies (other than drugs),
and the use of medical appliances, while
under the plan referred to in paragraph
(1)(C);
(P) medical services provided by an in-
tern or resident-ln-tralnlng in a provider
Institution; and
(G) any of the foregoing Items and serv-
ices which are provided on an outpatient
basis, under arrangements made by the
Health Care Corporation or home health
agency referred to in paragraph (1)(B), at
a hospital, extended care facility, or reha-
bilitation center, and
(1) the furnishing of which involves the
use of equipment of such a nature that the
items and serrtces cannot readily be made
available to the individual In the place of
residence referred to In paragraph (1)(D):
or
(ii) which are furnished at that facility
while he is there to receive any Item or serv-
ice referred to In clause (I) of this sub-
paragraph, but not Including transportation
of the individual in connection with any
such item or service.
(3) Notwithstanding the provisions of
paragraphs (1) and (2). the term "home
health services" does not Include any Item
or service if it would not be included under
"inpatient hospital care" (as defined in sub-
section (e)) If furnished to an Inpatient of
a hospital.
(e) The term "Inpatient hospital care"
mean, the following item? and services
furnished to an inpatient of a hospital and,
except as otherwise specified, by the hos-
pital;
(1) Bed and board.
(2) Such physicians' services In the hospi-
tal (such as those of radiologists and pa-
thologists) as are held out as generally
available to all inpatients of a hospital and
which are charged for by the hospital as
part of its services.
(3) Such nursing services and other re-
lated services, such use of hospital facilities,
and such medical social services as are
5^4
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CONGRESSIONAL RECORD— HOUSE
January 9, 1973
or^Hnarlly furnished by the hospital for the
e and treatment of Inpatients, and such
supplies, appliances, and equipment,
use In the hospital, as are ordinarily
nlshed by the hospital for the care and
of inpatients.
4) Such other diagnostic or therapeutic
3 or services, furnished by the hospital,
are ordinarily so furnished to Inpatients
;he hospital.
f)(l) The term "physician" means, ex-
t when otherwise specified, a physician
defined In section 1861 (r) of the Social
Security Act.
2) The term "physicians' services" means
prifessional services performed by physicians,
lucjludlng surgery, consultation, and home,
and institutional calls.
) The term "attending physician" means,
respect to a patient, the physician hav-
prlmary responslbUlty for the patient's
m^cal care.
Pxir C — Carriers for Comprehensive Health
Care BENErrrs
DEFINITION OP "CARRIER"
231. As used in this Act, the term
er" means —
1) a voluntary association, corporation,
cnershlp, or other nongovernmental or-
gajiizatlon that is engaged in providing, pay-
for, or reimbursing the cost of, health
under insurance policies or contracts,
icai or hospital service agreements, mem-
be^hip or subscription contracts, or similar
iup arrangements, if consideration of pre-
ermlned premlume or other periodic
irges payable to the carrier; and
2) a Health Care Corporation approved
a State Health Commission under a State
n approved by the Secretary under this
;, to the extent that the corporation
irges for covered health care on an an-
.1 aJly predetermined capitation basis In ac-
cordance with section 146(bi .
DETERMINATION OF QUALIFIED CARRIER
■EC. 232. A carrier Is a qualified carrier
the purposes of this Act If —
1 ) it Is authorized to operate health bene-
prepaymept plans or Insurance at group
-- in each State ^or whose residents It
or proposes to provide coverage
nUer this Act, Is in compliance with section
and meets such additional standards as
Secretan.- may establish. Including. In
case of contracts with the Secretary
sections 202 and 206, any special stand-
established for the purposes of those
lions; and
2) with respect to coverage for which a
premium contribution by the Secretary is
uested under section 202(c), the carrier
iees to accord to the Secretary and his
• ms the same rights to information and
- - to the carrier's records as Is required
be accorded to them under section 241.
REQUIREMENT THAT CARRIERS PARTICIPATE
UNDER STATE PLANS
EC 233. A carrier shall not be qualified
award of a contract with the Secretary
r section 202 or 206 or for issuance of
Co|nprehensive Health Care Benefits coveragej
ible for a premium subsidy under section
(ci, unless the carrier agrees, if required
the appropriate State Health Commission
Its delegate agency) of a State, to partlcl-
In a coverage pool In accordance with
islons therefor contained In the State
pursuant to section 134ib) (7). or unless
carrier Is in fact such a participant.
omoNS OF APPROVAL OF CARRIER CONTRACTS
PLANS FOR FEDERAL PREMIUM SUBSIDT
234. The Secretary shall, for the pur-
of any premium contribution under
202. approve an insurance contract or
.ment plan of a carrier (Including such
ntract or plan under State plan provisions
rred to In section 134(b) (7) ) only If the
insurance contract or prepayment plan —
pa
In:
cale
m<d
for
fi
ratfes
provides,
u
23;
th
th'
unher ;
arc
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rec
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ai
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poie
sec tlbn :
pr«pa
ref trred
(1) Is In conformity with applicable regu-
lationa and standards prescribed under the
State plan (approved under part C of title I)
of the appropriate participating State;
(2) provides for 12-month coverage terms;
(3) does not permit any exclusion from,
or limitation -with regard to, coverage of an
Individual because of health status (preex-
, Istlng, current, or future) , economic status,
race, sex, occupation, age, or establishment
of any other condition Inconsistent with
regulations of the Secretary, but this para-
graph shall not be construed to preclude
reasonable classification of risks for premium
rate purposes in accordance with actuarial
principles; and
(4) contains such provisions as the Secre-
tary may prescribe or approve relating to
coordination of the coverage under the Iri^
surance contract or prepayment plan Involved
with overlapping or duplicative coverages
under other Insurance contracts or prepay-
ment plans.
CONTR.\CTS WITH HEALTH CARE CORPORATIONS
ON CAPITATION BASIS
Sec 235. In the case of a Health Care Cor-
poration that operates on the basis of pre-
determined capitation charges (approved by
the appropriate State Health Commission),
the Secretary may. If satisfied as to the cor-
poration's financial responsibility to qualify
as a carrier for Itself under this section, pro-
vide the coverage for Comprehensive Health
Care Benefits under this Act to which regis-
trants of the corporation are entitled under
section 202(b), by entering (directly or
through the State Health Commission as the
Secretary's agent as authorized by section
117(b)(2)) Into a contract with the corpo-
ration, whereby the Secretary, In considera-
tion of the corporation's undertaking to pro-
vide (or, when authorized under part D of
title I. pay for) the services and Items cov-
ered by such benefits, agrees that there shall
be paid by the Secretary to the corporation,
with respect to those registrants of the cor-
poration who enroll under the contract, the
same amounts that a third-party carrier
would be required to pay under a contract
with the Secretary, except that a contract
under this section —
(1) shall authorize the Secretary In the
case of a Health Care Corporation that does
not Impose separate charges equivalent to
copayments In addition to capitation charges,
to deduct, from any capitation payments
otherwise payable by the Secretary to the
corporation on behalf of an Individual en-
rolled under the contract, the value (as de-
termined on the basis of actuarial principles)
of any copayments to which the covered
registrants would be subject under part B
of this title if the corporation imposed sep-
arate charges equivalent to copayments;
(2) shall not. In the case of a Health Care
Corporation that Imposes separate charges
equivalent to copayments In addition to
capitation charges, undertake to pay those
charges to the corporation;
(3) shall provide that the corporation shall
Itself collect from a registrant (or from
others on his behalf) all copayments and
premium contributions (In the form of capi-
tation charges) payable by the registrant,
and shall keep for the registrant the record
of such copayments and contributions in-
curred by him (or his family) and notify
him when he has reached the applicable ex-
penditure limit under section 225 giving rise
to Catastrophic Expense Benefits; and
(4) shall require the corporation to estab-
lish. In accordance with regulations or with
provision In the contract, effective proce-
dures (through such means as establish-
ment of a separate record and payment cen-
ter and Issuance of Identical membership
cards to all Its registrants, regardless of
whether they have benefit coverage pur-
chased by the Secretary) that will prevent
persons who furnish health services or Items
for the corporation from Identifying those
registrants who enjoy coverage purchased by
the Secretary and discriminating against
them on that account.
Any reference in this part to premiums, or
contributions to premiums, shall be deemed
to Include capitation amounts paid by the
Secretary, or contributions to capitation
charges by registrants, respectively, under
contracts made under this section.
EFFECTS OF NONPAYMENT OP PREMIUMS
Sec. 236. (a) Premium contributions and
special premiums payable pursuant to sec-
tion 206, by individuals referred to therein
who are enrolled under a contract under this
title, shall be paid by or on behalf of the
registrant to the carrier (from sources other
than the Secretary) In periodic Installments
In advance In a manner and at the time or
times prescribed In regulations of the Secre-
tary but not less often than quarterly nor
more often than monthly.
(b) In the event of nonpayment of a con-
tribution or special premium installment,
when due, to the carrier by or on behalf of
an Individual, the benefit coverage to which
the overdue Installment relates shall, upon
notice by the carrier In accordance with
regulations of the Secretary, end unless
payment is made prior to the expiration of
a grace period (not In excess of 90 days)
prescribed by the regulations, except that
(1) the manner and order of termination
of coverage of family members in the event
of partial delinquency or default In family
contribution Installments payable under
section 206 shall be determined in accord-
ance with regulations, (2) delinquency or
default In contribution Installments under
section 206 shall not affect the coverage of
any family member who has attained the
age of 65, and (3) delay In payment shall not
give rise to termination of coverage if attrib-
utable to an act or omission of a Federal
officer or employee used as a conduit for
transmitting such Installments.
ENROLLMENT UNDER CONTRACTS WITH
CARRIERS
Sec. 237. (a) The Secretary may by regula-
tions consistent with other provisions of this
Act, prescribe the time or times at which,
the manner in which, and the conditions
under which Individuals may (1) enroll, un-
der a contract made under this part, for
Comprehensive Health Care Benefits cover-
age purchased by the Secretary to which
under section 202 they are entitled, or (2)
change enrollment under one contract to
enrollment under another.
(b) The regulations under this section shall
permit enrollment by an Individual for him-
self only, or for himself and his spouse and
other individuals who are members of his
family (as defined in section 205(bi), and
shall prescribe the times at which, the man-
ner in which, and the conditions under which
a change from one such type of enrollment
to another may be made. An Individual en-
rolling for himself and family shall be liable
for any premium contributions on which en-
titlement to family coverage is conditioned.
(c) To the optimum extent. (1) open en-
rollment periods under this section and open
periods for registration with Health Care Cor-
porations approved by State commissions un-
der approved State plans under this Act shall
be closely coordinated, to the end that regis-
tration and enrollment, and changes therein,
may be effected concurrently, and (2) regis-
tration centers of Health Care Corporations
shall function also as centers at which to ap-
ply for. and obtain Information concerning,
enrollment.
REPORTS BY AND AUDITS OF CARRIERS
Sec. 238. Each contract with a carrier under
this title, Including contracts with Health
Care Corporations qualifying as carriers and
contracting with respect to their registrants,
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
535
shall require the carrier to make such re-
ports, In such form, and containing such
information as the Secretary or his agents
may require to carry out their functions un-
der this Act, and to keep such records and
afford such access thereto as the Secretary
or his agents may find necessary to assure
the correctness and verification of the re-
ports and otherwise to carry out Its functions
under this Act.
JURISDICTION OP COURTS
Sec 239. The district courts of the United
States shall have original Jurisdiction, con-
current with the Court of Claims, of a civil
action or claim against the United States
founded on this part.
prospective regulations
Sec 240. Regulations, amendments to regu-
lations, or amendments to this Act, Issued or
enacted during an annual contract term un-
der this title, shall not, to the extent that
their application would Increase the obliga-
tions or adversely affect the rights of the
contracting carrier, apply to that contract
\mtll the next contract year unless made ap-
plicable by the contract or by amendment
thereto.
TITLE in — EFFECTIVE DATES
TRANSITIONAL EFFECTIVE DATES
Sec 301. (a) Except as otherwise provided
In this section and sections 110 and 302, this
Act (Including any amendments made by it
to existing law) shall be effective upon the
date of Its enactment.
(b) Sections ill, 116(a). 118, 119, 120, and
121, and parts C and D of title I, shall take
effect upon the first January 1 or July 1
which occurs six months or more after the
date of the enactment of this Act.
(c) Section 116(b), section 138 (with re-
spect to States which have not complied with
sections 132 and 134), and the amendments
made by section 201 shall take effect on the
first day of the third fiscal year which begins
after the date of the enactment of this Act.
FULL OPERATION OF PROGRAM
Sec. 302. The program imder this Act shall
be fully in operation, and the benefits under
part B of title II shall be fully effective and
available (in lieu of any benefits which would
otheruise be available under title XVIII of
the Social Security Act) , in accordance with
all of the provisions of this Act, on and after
the first day of the fifth fiscal year which
begins after the date of the enactment of
this Act.
JAMES A. FARLEY EYES DEMO-
CRATS' FUTURE
Mr. HANLEY asked and was given per-
mission to extend his remarks at this
point in the Record and to include ex-
traneous matter.)
Mr. HANLEY. Mr. Speaker, certainly
as we look back over the political hap-
penings of the past year, it, in my judg-
ment is prudent that those who are in-
terested in the preservation of a strong,
viable two-party system take some time
to study and analyze the political events
of this period. I have been trying to do
this and in so doing avail mvself to the
observations of those whose activities
and involvement have proven meaning-
ful to this perfect nation of our great
American system. One of the more in-
teresting articles I have read recently
relates to observations of a truly gi-eat
American, whose efforts have earned for
him the gratitude of all Americans. I
refer to James A. Farley and I commend
the article I read to my colleagues:
Farley Eyes Democrat's Future — Felt
McGovERN, Westwood Bad Party Choices
New York. — The erect man with one of the
most looked at heads In political convention
history — towering bald and busy at altitude
6 feet 2'/2 above hundreds of fioor strategy
huddles— Is mellow of spirit at age four
score and four, but sharp with an acuity
honed by decades of Democratic politicking.
At age 12, In 1900, James A. Farley stood at a
campaign train and listened to William Jen-
nings Bryan tell the folks of Haverstraw,
N.Y., and environs how the Democrats meant
to win. It was his first exposure to a presi-
dential nominee. Bryan lost. The exposure
intensified from 1924 to 1968 as a delegate to
12 straight Democratic National conven-
tions. This year, his name was never pre-
sented for his customary role of delegate-at-
large from New York.
At ages 44 and 48, Farley masterminded
Franklin D. Roosevelt's first two presidential
victories.
At age 84, last May, In a birthday Inter-
view he said that if the Democrats nominated
George S. McGovern In July they would suf-
fer their "worst defeat since Al Smith's de-
feat by Herbert Hoover In 1928." Smith got
87 electoral votes. Hoover 444.
prediction borne out
On Nov. 7, McGovern got 17 electoral votes.
President Nixon 521.
The convention Itself left Farley more
convinced than he had been two months be-
fore. But he said nothing publicly during
the campaign.
"From the time the convention started.
the manner In which McGovern and his staff
acted, the arrogant manner in which they
handled or attempted to handle or failed to
handle the other delegates that were not In-
s*riicted for McGovern brought about a
feeling of dissatisfaction that grew. When It
was over, there was no doubt in my mind that
he did not have a chance to be elected."
LIVING legend
The man who was known as "Mr. Demo-
crat" for four decades a tower of strength to
his party and a legend among politicians, was
interviewed at his desk on the Job as board
chairman of Coca-Cola Export Corp. He had a
mild heart attack In March but now says "I
feel pretty good." He has slimmed down ifrom
204 pounds to 187.
He's convinced that "there isn't any ques-
tion" but that the Democrats can come back
and win the White House in 1976 — with a big
boost from the domestic troubles he Is sure
Nixon is going to have— If they get busy and
reorgatiize the party.
OUST MRS. westwood
"The first thing they have to do is revise
the national committee rules that prevented
many regular Democrats who ordinarily went
to the conventions, Infiuentlal men and
women who helped the party down through
the years, from being delegates — denied them
the right." he said.
"I don't think there Is any question that
the Democratic leaders around the country
lost all confidence In the direction of the
national committee under the chairmanship
of Jean Westwood. I'm sure that the leaders
generally also had no confidence In the
staff operating under Mrs. Westwood.
"There isn't any doubt, m my Judgment,
that the best Interest of the party Is that a
new chairman sooner or later should be se-
lected and that they should start reorga-
nizing the party under new leadership. "I
might as well say that. What the hell— I have
no axes to grind or ambitions to satisfy. I'm
out of politics. Completely out of it
"There are not many people In public life
who would want to Indicate that she should
retire. But I'm not m public life — but as a
former chairman of the national committee.
and active for more than 45 years In the
Democratic Party, I speak as a Democrat In-
terested In the party and Its success. And I
speak as an individual. I say that she ought
to retire or be retired as gracefully as pos-
sible."
Mrs. Westwood, appointed by Sen. Mc-
Govern and a symbol of his Ideas and meth-
odology, has said she does not Intend to be
deposed. The control of the party structure
will be a battle in the national committee
meeting on Dec. 9.
What, Farley was asked, went basically
WTong with McGovern? "Well, in some re-
spects he acted to me like a man that was
naive. A man who'd been elected to public
office in his own state, I would have thought
he would have shown more Judgment, leader-
ship. And he — I don't know whether he lis-
tens to everybody or not — but the thing I
think hurt him more than anything else was
the shifting of his views. That showed a lack
of credibility that scared people.
"His welfare stand I think also scared
people — figuring welfare of course is com-
pletely out of hand now and would get worse
under his leadership."
Was McGovern's philosophy, his Ideology,
off the beam of the American voter?
"It was this year. Completely. In addi-
tion I think there was a conservative trend
because of the Vietnam war and the other
government expenses risen so high; I think
they (voters) were afruld to take a chance.
I'm sure millions of Democrats who voted
for Nixon didn't vote because they wanted
him for president — but they preferred him
as the lesser of two evils. Isn't any doubt
about that.
"Another thing they did down there at
the convention, hardly any mention was
given the name of Lyndon Johnson, who In
my Judgment was responsible for more leg-
islation that helped more elements of the
population than any president In history —
his civil rights activities, taking care of mi-
nority groups.
"And then another thing about McGov-
ern. In 1948 he supported Henry Wallace
against President Truman. And that was re-
sented by many friends of Truman, who Is
looked upon as one of the great presidents."
Who are the other great presidents of all
lime?
"I'll say that Truman will be among the
six great ones. Listed In the following order.
If you want them; Washington, Jefferson,
Jackson, Lincoln, Franklin Roosevelt, and
Truman. You see. you can't put him ahead
of Roosevelt — see? But matter of fact, Tru-
man did a hell of a great Job." Big Jim was
silent a moment and then grinned: "As
you may note, I'm partial to Democrats."
COMMUNTTY DEVELOPMENT SPE-
CIAL REVENUE-SHARING PACKAGE
I Mr. ASHLEY asked and was given
permission to address the House for 1
minute and to revise and extend his re-
marks.)
Mr. ASHLEY. Mr. Speaker, the mora-
torium on assisted housing and a num-
ber of community development pix>-
grams, ordered by the White House and
announced Monday by the Secretary of
Housing and Urban Development, repre-
sents a staggering body blow to Ameri-
can cities, suburbs, and rural areas
throughout the United States.
According to Mr. Romney. the "hold-
ing action" on new commitments for
water and sewer grants, open space
grants, and public facility loans will con-
tinue until such time as these programs
are folded into the community develop-
>3&
I
CONGRESSIONAL RECORD— HOUSE
nent special revenue-sharing package
•equested by the administration. The
'reeze on subsidized housing, on the
)ther hand, is far more indefinite since
t will last for however long it takes the
idministration to conduct a searching
jvamation and fundamental reform of
ill assisted housing programs.
The unilateral character of these
»Vhite House actions can only be re-
rarded as evidence of further deteriora-
ion in relations between the executive
md legislative branches of our Federal
LStabUshment. At no time were congres-
iional leaders consulted and, for that
natter. Governors, mayors, and other re-
ponsible officials were similarly circum-
ented and kept in the dark.
This broad-scale moratorium adds a
lew dimension to President Nixon's pol-
cy of impounding funds for domestic
jrograms that have been authorized by
he Congress. The President's plan, of
:ourse, is simply to exclude funds for the
fozen programs, presumably on the ex-
:)ectation that Members of the House
ind Senate will stand idly by and watch
heir slow starvation. If, as I think is
nucli more likely, the Congress asserts
ts legislative prerogatives and continues
o aufoorize and appropriate funds for
)ur b^ltlly needed housing and the com-
nunit ' development programs despite
he f&jft that the?e have not been in-
cluded,In the President's budget, then
:ertainiy the prospect is that the Presi-
ient will impound the funds for these
nograifis as he has so many others.
The real tragedy, it seems to me, is that
he defeatist, no-policy action announced
)y the President comes at the ver>' time
Ihat ^e Congress and White House
;houlc be joining in new, more compre-
iensit*;^trategies to restore the viability
)f oute;;ities and to assure the rational
imd w-i-ia -planned growth of our suburbs
I ind rufal areas. The cornerstones of such
: L .'=;trat*gy were established by the Con-
I rress when it passed the Urban Growth
and New Community Development Act
of 1970 which fastened responsibility —
IS insisted by the White House — on the
'resident for proposing development
; trategies consistent with our Federal
tructure and private enterprise system.
Tragically, the President has failed to
; espond to this urgent legislative man-
iate and instead is now presiding over
he liquidation of our urban and metro-
KDlitan areas where eight out of every
0 Americans live.
We are told by Mr. Romney that the
'resident's major objectives are to re-
erse the centralization of power in
Washington, to end inflation and to
I establish the fiscal control required to
avoid further increases in exorbitant
axes.
Unfortunately, it is difficult to take the
'resident at face value any longer. Far
rom reversing centralization of power in
Washington. Mr. Nixon has created a
I zar for policymaking in foreign affairs,
mother czar for economic affairs, and a
hi: d for domestic affairs. To establish
: iscal control, he proix>ses to usurp the
authority of Congress over the purse-
! trings. and to end inflation he wants to
< lamp the lid on urgently needed domes-
tic expenditures while allowing evermore
military spending.
In point of fact, what Mr. Nixon is
actually insisting upon is the right uni-
laterally to establish the order of spend-
ing priorities for our society, without
consultation or assistance from the
Congress.
Equally disturbing is the propensity
of the administration to sweep domestic
problems under the rug and then proudly
proclaim they no longer exist. In his
Houston speech, Mr. Romney again test-
ed the credulity of the American people
w-hen he asserted that the decline in
assisted housing starts "means that the
private conventional housing market has
demonstrated its basic capacity to meet
the Nation's housing needs." This is about
as accurate as saying that the New Haven
Railroad has demonstrated its basic
capacity to meet the commuter needs
of the eastern ieaboard.
The act is tliSf all of the component
costs of housings have risen far more
rapidly in recent years than has the
average family income, so much so that
today only two out of evei-j* 10 American
families can afford to buy a median-
priced, FHA financed new home on the
private market. It is quite true that the
housing industry is enjoying its greatest
production in history but Romney and
the administration fail to point out that
most of this production is for the affluent
in our society and that the conventional
market accommodates the less affluent
only through the manufacture of mobile
homes and the production of assisted
housing under Federal programs which
guarantee the builder and lender their
profits. Basic capacity to meet the Na-
tion's housing needs, indeed.
Were the administration to be honest,
it would acknowledge that the main rea-
son for record housing production is
simply that recently we have been in a
period of easy money and that there are
many more home buyers for the conven-
tional market when interest rates are
relatively low. To assert that the opera-
tion of the private housing market now
meets the needs of the Nation is to de-
liberately overlook what occurred during
the tight money crunch of 1969-70 when
high interest rates sharply curtailed con-
ventional starts and the slack was only
taken up by Federal support of the as-
sisted housing programs.
For the sake of perspective, it is worth
remembering that the Nation's housing
goals for the 1969-78 decade were estab-
lished by the Congress — and confirmed
by this administration — at 26 million
new and rehabilitated units, of which
6 million were to be assisted — 5 million
new units and 1 million rehabilitated.
Cumulatively through 1973, it is esti-
mated by the administration that about
1.4 million assisted units will have been
produced, leaving 4.6 million for the
remaining 5 years of the decade. Anyone
relying on simple logic and third grade
mathematics would have to conclude
that we will need to more than triple the
output of assisted housing over the 5
years if we are to reach the 6 million
unit goal that we set for ourselves. The
indefinite moratorium imposed by the
January 9, 1973
administration is hardly a promising way
of setting about the task.
Finally, Mr. Speaker, let me suggest
that individual initiative, freedom of
choice, and our system of free competi-
tive enterprise ofifer unique opportunities
for many in our society. But for many
millions of others these fine sounding
terms, if not a myth, have only limited
significance.
An agricultural worker or tenant
farmer, displaced by industrialized farm-
ing that has evolved as a hybrid product
of free enterprise and Government policy,
has very little freedom of choice in our
society, regardless of individual initia-
tive. Through no fault of his own. his
capabilities are limited and his options
few. The real decisions affecting his live-
lihood and life have largely been made
by others more fortunate and more pow-
erful than he.
The Congress has said that the less
fortunate and less powerful in our so-
ciety are just as entitled to decent hous-
ing in a suitable living environment as
those to whom the fates have been more
kind. Yet today, according to the 1970
census, we have 4.7 million housing units
without plumbing and 2.7 million units
that are overcrowded. And we know that
2 million families today enjoy life in a
mobile home, often because this is the
only choice they are free to exercise.
To the many millions of Americans
living in overcrowded or substandard
shelter and to the millions of others
whose housing needs cannot be met by
the high-cost private market, the ad-
ministration policy is to preach the won-
ders of individual effort and free enter-
prise while scuttling the few federally
assisted housing programs that offer even
a gUmmer of hope. What a curious com-
mentary it is that Federal subsidy of
aerospace, agriculture, banking, the rail-
roads, maritime, and a host of other spe-
cial interests is entirely consistent with
the administration's anti-inflation, free
enterprise ethic while Federal help to
achieve decent housing is regarded as
wasteful and unnecessary.
Curious, perhaps, but hardly surpris-
ing. Last year, in the "First Report on
National Growth Policy," President
Nixon informed us that —
Plans for national growth must . . . seek
to help individual Americans develop their
unique potentials and achieve their personal
goals.
What the President was saying, of
course, is that there is no responsibility
at the Federal level to establish growth
and development goals for the Nation and
to devise strategy to achieve these goals.
Instead, this responsibility must be ef-
fectuated by the decisions of individuals
and firms at the State and local levels.
What the President fails to realize is that
in addition to being a nation of 200 mil-
lion citizens with individual abilities and
aspirations, we also are a society which
has collective aims as to the quality of
our national life we seek to achieve.
To apply an immediate freeze to a
number of new community development
programs and to exclude urban renewal.
Model Cities, and others from the fiscal
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
537
1974 budget is to break faith with the
Slates and units of local government and
to shun Federal responsibility for the
physical development goals of our coun-
try, all under the banner of new federal-
ism.
Mr. Si>eaker, this administration has
no housing policy. It has no policy for
our beleaguered cities, it has no policy
to promote the rational development of
urban and rural America. It has no policy
in these areas because it insists that the
only proper role of the Federal Govern-
ment is to "provide the environment for
local and individual achievement."
Well, we have tried that, Mr. Speaker,
and our environment paid a terrible
price in the process. It is unfortunate
indeed if Congress and the President
must lock horns in the months and per-
haps years ahead but if the price of
peaceful relations is for Congress to
acouiesce to the subverting of national
responsibility, then the price is simply
too great.
East woiUd take nourishment and fiower.
It was only in this way, Truman felt,
that peace would come.
The years have unfortunately not seen
Harry Truman's dream come true. The
gulf between the Arabs and Israelis has
widened. But Harry Truman's hope for
Israel will live on. Through his eyes we
can see a land where all the residents live
together in peace, all sharing in each
other's successes. President Truman's
memor>' should inspire us to remain
steadfast in our support for Israel, in the
hope that one day soon we will see with
our eyes what he only saw with his heart.
HARRY TRUMAN: FRIEND OF
ISRAEL
(Mr. PODELL asked and was given
permission to address the House for 1
minute and to revise and extend his re-
marks.)
Mr. PODELL. Mr. Speaker, the years
following the end of World War n were
bleak ones for the remnants of Euro-
pean Jewry. After being almost totally
wiped out in the German death camps,
they were herded into displaced person
camps. When they sought to escape to
Palesine, to start life over again and for-
get the horrors of the holocaust, they
were turned back by the British. It
seemed that there was no one who cared
whether they perished or survived.
No one, that is, except Harry S Tru-
man, the brash, forthright man from
Missouri, who almost reluctantly found
himself in the White House. From 1945
on, Harry Truman pressed the British
to open the gates to the Holy Land, and
to honor the promise they made in the
Balfour Declaration. At first, he sought
100.000 immigrant visas. When this
failed, he became the foremost supporter
of the partition plan in the United Na-
tions. He fought and won against the
members of the State Department who
v.ould rather cater to the Arabs than
save Jewish lives. In his support of the
concept of a Jewish homeland, he dem-
onstrated the heights to which the Pres-
idency could rise.
It has often been said, that if it were
not for Harry S Truman, Israel would not
exist. He was the first to recognize the
new nation, and he lived up to his com-
mitment by providing loans and other
forms of aid so that Israel would have
a chance to survive.
Truman had a particular vision of the
role Israel would play in the future. He
saw it as a source for the rebirth of the
entire Middle East. It would be a highly
developed land, from which the benefits
of modern technology would spread
throughout the region. Israel would be
the fountain from which all the Middle
PROPOSED ABOLITION OF THE
HOUSE COMMITTEE ON INTERNAL
SECURITY
(Mr. ICHORD asked and was given
permission to address the House for 1
minute and to revise and extend his re-
marks. I I
Mr. ICHORD. Mr. Speaker, the Mem-
bers of the House of Representatives re-
cently received a letter from Vem Coun-
tiyman and Thomas I. Emerson under
the letterhead of the National Commit-
tee Against Repressive Legislation en-
closing a copy of a petition urging the
abolition of the House Committee on In-
ternal Security which I have the duty of
chairing. The original petition was sent
to you as Speaker of the House and has
been referred to the Committee on Rules.
The petition is purportedly signed by 365
professors of law.
It is my purpose today to give the Mem-
bers background information as to the
origin and purpose of the petition which
I feel will be very interesting and quite
surprising to many of the Members of
this body. May I make it clear at the out-
set that I am not attacking the motives
of the individual signers of the petition.
I am not acquainted with nor have I
ever heard of most of the signers of the
petition, therefore, I cannot impute any
purpose of the National Committee
Against Repressive Legislation to the
persons whose signatures are affixed
thereto. In addition, the petition is very
artfully worded and contains several
false charges and distortions, the belief
of which could very well have prompted
the signatures of many of the petition-
ers. Therefore, my remarks are not to
be construed as attacking the motives or
patriotism of any individual petitioner.
I do. however, question the wisdom
of their judgment in view of the facts
which may or may not have been known
to the petitioners. The petition was
fi-amed. circulated, signatures solicited
by and filed under the auspices of the
National Committee Against Repressive
Legislation. This is the committee that
has charged, without merit I submit,
that the House Committee on Un-Amer-
ican Activities merely changed Its name
in 1969 to the House Committee on In-
ternal Security. Perhaps the explana-
tion of this charge lies in the fact that
the National Committee Against Repres-
sive Legislation has had three different
names. It was first established In 1960
under the name of the National Commit-
tee to abolish HUAC for the purpose of
leading and directing the campaign of
the Communist Party U.S.A. to abolish
the House Committee on Un-American
Activities. Seven of the national leaders
of that time were identified as members
of the Communist Party.
Today, it is a well-financed national
organization that maintains a full-time
Washington lobbyist. The leader.ship of
the committee has changed to some ex-
tent over the years but the Communist
infiuence still prevails. Frank Wilkin-
son, the committee's executive director,
has been the sustaining force over the
years. He has been described as the
"brains and energy" behind the commit-
tee. Wilkinson was identified as a mem-
ber of the Communist Party in sworn
testimony by two imdercover members
of the Communist Party. Mrs. Anita
Schneider and Robert Ronstadt, who re-
ported to the FBI for several years.
When Wilkinson appeared before the
House Committee on Un-American Ac-
tivities, he refused to answer questions
concerning his Communist Party mem-
bership. He was later found guilty of
contempt of Congress and after his con-
viction was upheld by the U.S. Supreme
Court, he spent a year in Federal prison.
Since that time, he has made a career
out of efforts to abohsh the House Com-
mittee on Un-American Activities and
now the House Committee on Internal
Security. Harvey O'Conner. the commit-
tee's national chairman, has been pub-
licly identified as a member of the Com-
munist Party. So has Richard Criley who
heads the committee's midwest region as
well as Carl and Anne Braden who op-
erate its southern region.
The National Committee Against Re-
pressive Legislation is the same commit-
tee that advanced the very esoteric posi-
tion in 1969 as the National Committee
to Abolish HUAC not to terminate the
House Committee on Un-American Ac-
tivities but to retain it on the ground that
it could more easily be abolished than
the House Committee on Internal Secu-
rity. After the Committee on Internal
Security was established, the National
Committee to AboUsh HUAC changed its
name to the National Committee to Abol-
ish HAUC/HCIS. Later the committee
changed its name to the National Com-
mittee Against Repressive Legislation
and adopted the fall back position of
transferring the Committee on Internal
Security to the Committee on Judiciary.
This is not the first time that the na-
tional committee has filed a petition to
abolish a House committee. In 1965. It
filed a petition signed by 100 lawyers and
professors of law to abolish the House
Committee on Un-American Activities.
So much for the histor>' of the National
Committee Against Repressive Legisla-
tion. Now for the petition itself.
The petition alleges that the primary
function of the Committee on Internal
Security is to probe and expose the be-
liefs, opinions, and associations of Amer-
ican citizens. Let us examine this al-
legation. In discussing the committee's
authority as set forth in House rule XI.
clause 11. the petition makes no distinc-
tion between the committee's bill ref-
i)38
sich
paras
on
ni
bills,
ni
V
s
CONGRESSIONAL RECORD — HOUSE
e fence and investigative functions re-
spectively set forth in paragraph (a)
2nd (bi of clause 11. It treats both
clauses as conferring investigatory pow-
ers and then asserts on the basis of this
inaginative construction that the com-
nittee's authority is "so vague and in-
c^finite as to constitute very little limita-
on on the committee's authority. " Since
have no doubt as to the general tech-
itcal competence of both sponsors of this
petition. I cannot attribute such patent
r. lisrepresentations to ignorance of, or in-
e<perience with, congressional rules or
processes.
For their information and for the in-
fprmation of those who may be misled by
distortions. I should emphasize that
.graph (a.) of clause 11 is intended
ly for the guidance of the Speaker in
aking reference to the committee of
"s, petitions, and similar matters, as
provided in House rule XI. The subject
atter for such references is briefly de-
ribed as "Communist and other sub-
;rsive activities affecting the internal
'tcurity of the United States." This, of
course, is in general terms as is charac-
ristic of all bill reference provisions of
21 standing committees of the House,
ever, this paragraph is not in any
y intended to delineate the commit-
s investigatory power, nor does it af-
' private rights. The provision is solely
r the internal management and assign-
ntent of work within the House.
On the other hand, paragraph <h) con-
ms investigative authority with sub-
pfna power— and describes this authority
th precision. The Committee on In-
" Security is one of only three com-
tt^s of the House upon which investi-
tive authority has been conferred by
- standing rules. The subject matter
such investigations is set forth in
numbered subclauses within this
paragraph (bi. In short, subclause (1)
thorizes inquiry into organizations
iich seek to establish a totalitarian
tatorship. or to overthrow the Govem-
t of the United States, bv unlawful
■ans. It is evident in the structure and
nctuation of the subclause, that the
I nlawful means" qualify "seek." Indeed,
rannot see how. as a practical matter',
totalitarian dictatorship could be es-
blished or maintained except bv force.
Subclause ' 2 > authorizes inquiry into or-
ganizations which incite or employ acts
force or any unlawful means to ob-
st|-uct the execution of Federal law. Sub-
* 3 » is an oversight power related
the execution of laws on the forego-
: subjects.
JThus. wholly to the contrary to the
petition, the investigative powers of the-
ccmmittee are focused upon subversive
organizational activities clearly involv-
'nj illegal conduct or the use of force or
•i^lence. or such other means as may be
''e punishable under Federal law. The
coknmittee was not established for the
Purpose of investigating unpopular ideas
opinions as the petition alleges. This,
my opinion, is not only clear from the
la iguage and construction of the man-
da te itself but has been made clear in
th e legislative history of the mandate, at
th ? time of its adoption and in the sev-
January 9, 1973
t(
t:ie
h ow<
wa
t( e'.
f(ct ;
f(i
t
w;
temal
rr i
tie
fcr
tljree
P
a
w
d
mient
me
PM
cl luse
to
in?
or
in
eral statements made by me on other oc-
casions both within and without the
House. I should also point out that in no
instance has this committee ever depart-
ed in any of its investigations from the
limitations imposed upon it by the House
mandate or by the Constitution of the
United States.
Nor are the distortions in this petition
limited to a misconstruction of the com-
mittee's mandate. The petition also mis-
represents the legislative function of the
committee by comparing it with other
committees which have no investigative
authority and conduct no investigations.
It ignores the fact that a principal
function of the Committee on Internal
Security is its investigative function
which is intended to serve all commit-
tees of the House. These investigations,
which occupy a substantial part of the
committee's time and which produce
much information, have not been noted.
Information thus provided has. in fact,
inspired a great deal of legislation re-
ported from other committees as parts of
bills within the scope of the committee's
investigations, although the predominant
portion of such bills were on other or gen-
eral subjects referred to such other com-
mittees. Ignoring this fundamental and
important work of the committee, the
petitioners state that since 1945 only 6
pieces of legislation "emanating from
tl»e committee have been enacted into
law." If these statistics were supplied by
Frank Wilkinson, the identified Commu-
nist functionary who serves as executive
director of the organization under whose
aegis Countryman and Emerson are oper-
ating, they might want to get together
with other persons in the Communist
movement who have given figures on this
subject that are more favorable to the
committee's cause, although not intended
as such.
In pleadings filed in the U.S. District
Court for the Northern District of Il-
linois, Jeremiah Stamler. Yolanda Hall,
and Milton M. Cohen have credited this
committee and its predecessor with at
least 19 pieces of legislation since 1945.
If we are to play the numbers game, I
would supply figures that might double
that number, without including the con-
siderable body of rules and regulations
adopted by the executive branch which
have been prompted by the committee's
investigations. Nor do I mention the sev-
eral bills which have passed the House
but were not acted upon in the Senate.
However. I do not think that this or any
committee of the House wants to play
the numbers game. I will stand upon
the extent and quahty of the committee's
work, its record of accomplishment, and
the clear necessity, in these troubled
times, for its continuance.
It is obvious that when the sponsors
of this petition say they do not oppose
"the legitimate use of legislative powers
to deal with matters of internal secu-
rity, they are only paying lipservice to
a proposition which they cannot forth-
rightly deny without grassly affronting
the intelligence of the House and of the
American people. But that they are in
fact opposing the legitimate use of legis-
lative powers to deal with matters of in-
ternal security is precisely their position
Their suggestion for amending the House
rules is but an ill -disguised effort to
frustrate and eliminate all investigation
of the sort so necessary to enable the
Congress to function on matters of the
kind and for a purpose they say they do
not oppose.
They would amend House rule XI to
add to the jurisdiction of the Judiciary
Committee the authority to consider
sabotage and other overt acts affecting
internal security. I cannot imagine a
statement more vague and indefinite in
its terms. Nor could an amendment be
more appropriately designed to frustrate
all investigation or inquiry into subver-
sion, whether by the Judiciary or some
other committee.
Apart from the vagueness of this pur-
ported transfer of authority, by such ac-
tion they confer only a slightly modified
bill-reference authority upon the Judi-
ciary Committee. They would make no
other change in the mandate of that
committee, which presently has no in-
vestigative authority by the standing
rules, and would thus have no investi-
gative authority in the area of subver-
sion if the change proposed by the spon-
sors of this petition were adopted. It is
evident that by this form of deception
the sponsors of this petition seek to ac-
complish the ultimate purpose of wholly
suppressing all inquiry upon subjects
pertinent to the country's security and
to the free functioning of its democratic
institutions.
The Committee on Internal Security is
also attacked in the petition for main-
taining extensive files of publicly docu-
mented information and it urges that
the committee's files be consigned to the
Archives, "not to be opened for official
or public inspection for 50 years." I am
sure all of us realize that Congress can-
not legislate intelligently in the field of
national security nof act wisely in many
related areas unless it has up-to-date
and reliable data. No investigative com-
mittee, no matter what its area of juris-
diction can operate effectively and on
the job it is supposed to do without files
containing background information on
the organizations, movements and in-
dividuals with which it is concerned.
Where the purposes of an organization
and the nature of its connections with
others is at issue, of course, past conduct
is pertinent.
The Committee on Internal Security
would be guilty of negligence if it did
not maintain its referenced files of rele-
vant organizations and the individuals
connected with them. Without these ref-
erences the committee would not be in
a position to make sound and reasoned
judgments about the present nature and
aims of numerous organizations coming
within its mandate. Lacking the data
with which to make such judgments, it
would be incapable of performing the
duty assigned it by the House.
There is no foundation in law — or in
reason — for the assertion that the main-
tenance of the committee's files is de-
structive of individual rights, a perver-
sion of governmental process and some-
thing which no self-respecting citizen
can tolerate. The opposite is true. A
Jaimarij 9, 1973
CONGRESSIONAL RECORD — HOUSE
539
democratic government owes a funda-
mental obligation to its people to pre-
serve and protect itself from forceful
I overthrow. Without the continuation of
a constitutional form of government, no
citizen will have the benefits of the Bill
of Rights. The Government cannot pre-
serve itself if it is not informed about
hostile forces within, or without adequate
legislation.
All other issues aside, placing the
committee's files in the Archives with a
complete ban on any access to them by
an^vone, would be the grossest form of
anti-intellectualism. It would be a kind
of book-burning. It would be the sup-
pression of free speech in the name of
the first amendment. It would deny the
House of Representatives the right to be
kept informed by means of its own rec-
ords.
In closing, Mr. Speaker, I would ask
that the Members closely examine the
wording of the petition and the efforts of
the National Committee Against Repres-
sive Legislation. The petition is very
cleverly worded with the expressed in-
tention of protecting first amendment
rights by transferring the jurisdiction of
the House Committee on Internal Secu-
rity to a subcommittee of the House
Committee on the Judiciary. But is this
the real purpose of the National Commit-
tee Against Repressive Legislation or is
it to eliminate all Inquiries into subver-
sive activities? If the latter is not the real
purpose, why does the national commit-
tee also have as its national objective the
abolition of the Senate Committee on In-
ternal Security? The Senate Committee
on Internal Security is already a sub-
committee of the Senate Committee on
the Judiciary.
PEACE IN VIETNAM
iMs. ABZUG asked and was given
permission to address the House for 1
minute.)
Ms. ABZUG. Mr. Speaker. I would take
this occasion of the President's 60th
birthday to make a very fervent plea
that the present negotiations, which are
taking place now in Paris, lead to a final
agreement along the lines negotiated on
October 26, when our representative, I>r.
Kissinger, said that peace was at hand
99 percent and the North Vietnamese
said 100 percent.
I would hope that the occasion of the
birthday of the President would make
him realize the value of life, Vietna-
mese and American. My constituents —
and yours, too — very much oppose the
resumption of the terror bombing, and
look to this House to see to it that peace
will indeed come to hand, even if the
President and his negotiator in Paris do
not.
I was distressed at finding out that
when the congressional leaders came to
see the President they were merely given
a statement without an opportunity to
discuss with the President how their con-
stituents feel about the need to end this
war.
Mr. Nixon should hear the roar of out-
rage that we hear, from the people who
voted for him as well as from those who
did not. He must realize that he was re-
elected with a mandate to make peace —
not to wage newer and more terrible war.
He must Usten, because this Congress is
determined to act.
My birthday wish for the President is
that he may listen, and find his heart
moved to end the suffering.
COLLEGE SCHOLARSHIP
INFORMATION
Mr. BENNETT. Mr. Speaker, as you
well know, the cost of higher education
has skyrocketed in recent years, making
it increasingly difficult for graduating
high school seniors to attend the college
or university of their choice. As a result,
I have received numerous requests from
young constituents asking for assistance
in finding the necessary financial aid.
My administrative assistant. Nicholas
Van Nelson has spent many hours re-
searching this matter and has helped me
to prepare a special college scholarship
booklet, which I am now making avail-
able to the high school seniors in my
district. I feel it may be helpful to other
Members who have young constituents
with similar problems and I insert it in
the Record for this purpose:
Congressman Bennett's Scholarship
Booklet
information for students
(Furnished by Congressman Charles E.
Bennett)
As you approach the critical period of your
life. In selecting what you plan to do in
regard to your future education, I felt the
attached Information might be of help to
you. In 1972. 7,097 students were graduated
from the Duval County public school system
and almost half went to college. This per-
centage has greatly increased In recent j'ears
and has placed great demands on the Nation's
colleges and universities; and living costs
have risen for students as have their direct
expenses for education.
The Federal Government has Initiated sev-
eral scholarship and loan programs for stu-
dents along with other private and public
groups. The best sources of information on
scholarships and loans are your high school
guidance counselor and the college financial
aid officer. I am pleased to send you the en-
closed Information on college scholarships
and loans and I hope you find it useful.
Charles E. Bennett.
Member of Congress.
financial aid book-shelf
There are many books about financial aid
for students. Here are a few that tell about
privately operated aid programs, as well as
those operated by the Office of Education
and other Federal agencies :
"Comparative Guide to American Col-
leges for Students, Parents, and Counselors,"
by James Cass and Max Birmbaum. Published
by Harper and Row, 49 East 33rd Street. New
York, 10016 Paperback $5.95.
"How About College Financing?" by S.
Norman Feingold. Published by the Amer-
ican Personnel and Guidance Association.
1605 New Hampshire Avenue, N.W., Wash-
ington. DC. 20009. 30c
"Need a Lift?" American Legion Scholar-
ship Information Service, Box 1055, In-
dianapolis, Indiana. 46206. 50c
"Nursing Student Loan Program : Informa-
tion for Students." U.S. Public Health Serv-
ice. Washington, DC. 20201. Single copies
free.
"The Health Professions Student Loan
Program." U.S. Public Health Service, Wash-
ington, D.C.. 20201. Single copies free.
"A Letter to Parents: Financial Aid for
College." by Sidney Margolius. Available
from the College Entrance Examination
Board. 475 Riverside Drive. New York. New
York 10027. 1970, single copies free.
"Financial Aids for Students Entering
College." by William C. Brown Company,
Dubuque. Iowa, 52001. Paperback. Fifth Edi-
tion. 1971. 88.75.
"College Costs Today." New York Life In-
surance Company. Career Information Serv-
ice. Box 51, Madison Square Station, New
York, New York, 10010. Free.
"Facing Facts About College Costs." by
the Prudential Insurance Company Office,
P.O. Box 4579, 841 Miami Road. Jacksonville,
Florida 32207. Free.
"How and where to Get Scholarships and
Loans," By J. L. Angel. Second edition. New
York: World Trade Academy Press, 1968. 256
p. Cloth, $6.50; paper, $3.50. (Distributed by
Regents Publishing Co., 200 Park Avenue
South. New York. New York 10003.)
"U.S. Congress, House, Committee on Ed-
ucation and Labor, a Guide to Student As-
sistance." by U.S. Government Printing Of-
fice. Washington. DC. 20401, 1970. 60c.
"U.S. Congress, Senate, Committee on
Labor and Public Welfare, Federal and State
Student Aid Programs," by U.S. Govern-
ment Printing OflBce, Washington, DC,
20401, 1972 45e.
"U.S. National Science Foundation, Guide
to Programs," by U.S. Government Printing
Office. Washington. D.C.. 20401. 1972. 75c
"U.S. Office of Education. How the Office of
Education Assists College Students and Col-
leges," by U.S. Government Printing Office,
Washington, D.C., 20401. 1970. 70».
Federal Programs
The Federal Government offers a variety
of financial aids to students for education
beyond high school. The following is an at-
tempt to present those programs which
might have significance in assisting an in-
dividual pursue a course of post-secondary
education. This summary provides brief de-
scriptive information about student assist-
ance programs which relate to undergrad-
uate education, as well as the major and
more general graduate programs. Other fi-
nancial aids to individuals for post-secondary
education, including the more specialized
graduate fellovrehips and tralneeships, are
listed in the last section. It should be noted
that U.S. Government inservice education
and training programs, servicemen's off-duty
education programs and the research grant
programs are not within the scope of this
compilation.
For information on the National Defense
Student Loan Program. Educational Oppor-
tunity Grants Program and the College
Work-Study Program. WTlte the Division of
Student Assistance. Bureau of Higher Educa-
tion, U.S. Office of Education, Washington,
DC. 20202.
1. Federal student loan insurarice program
The Higher Education Act provides low
interest insured loans and payments to re-
duce Interest costs for students in institu-
tions of higher education. Loans may be ob-
tained from participating lenders for educa-
tional expenses in maximum amounts of
$2,500 per academic year, the aggregate not
to exceed $7,500 for an undergraduate stu-
dent and $10,000 for a graduate or profes-
sional student.
2. Training for teachers of handicapped
children
Grants are available through selected in-
stitutions for individuals for training as
teachers or specially trained educational per-
sonnel for children who are mentally re-
tarded, seriously emotionally disturbed, hear-
ing, speech or sight impaired, crippled, or
otherwise health impaired. (Available are
tralneeship grants for full-time senior year
undergraduate study; fellowships for full-
540
time
ship
sp»cial
h?se
at
cati
ar d
of
sa
a
R<p
dejiit
In
A
( f
tajii
of
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Fain
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Dere
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gu^ges
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e
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re'
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^yre
CONGRESSIONAL RECORD— HOUSE
graduate study; and short-term trainee-
grants for full-time summer sessions or
"1 study Institutes.) Information about
programs may be obtained from: Dtvl-
of Training Programs, Bureau of Edu-
tion for the Handicapped. U.S. Office of Ed-
-Mon. Washington. D.C. 20202.
3. Cuban refugee loans
.o.ms are provided to Cuban nationals in
d of funds to continue their education
who are unable to receive support from
ide Cuba. Recipients must be accepted as
1-or-half-tlme students In an Institution
higher education and must maintain a
isfactory record. The maximum amount of
loan may not exceed $1,000 a year or $500
?mesTer. The loans are granted by partlcl-
ing Institutions of higher education from
oan fund established with Federal funds.
layment of the loan is made by the stu-
t to the Office of Education. For further
ormation: Division of Student Financial
Bureau of Higher Education. U.S. Office
Education. Washington. DC. 20202.
4. Scholarship pamphlet
avy scholarship pamphlet describes cer-
i scholarship opportunities for dependents
active, retired and deceased naval per-
nel. The pamphlet may be obtained by
it'ng to the Bureau of Naval Personnel.
ily Services Section. Attention: Pers 511.
of the Navy, Washington. D.C.
0.
Modern foreign language fellowship
program
hl.s program, authorized by the National
ense Education Act, provides for awards
undergraduates, and postdoctoral students
advanced training in certain modern Ian-
Undergraduates must have had at
t one year of formal college work or the
ivalent In the language they propose to
iv Persons training to become elementary
ecnndary school teachers are not eligible.
Candidates must apply for fellowships dl-
l^y to the U.S. Institution of Higher Edu-
-•n with appropriate programs. Inquiries
be addressed to the Language Section,
Islon of Foreign Studies. Institute of In-
latlonal Studies. U.S. Office of Education,
ihlngton, DC. 20202.
Fellouships for Librarianship training
he Higher Education Act of 1965 author-
■ Federal grants to Institutions of higher
cation for use In theU- programs of 11-
'lanshlp training. Grants could be used
financing fellowships of tralneeshlps for
;ons engaged In such training. For further
srmation- Division of Library Programs,
eau of Libraries and Educational Tech-
3t:v. V 5 Office of Education, Washington
. 20202.
7. Public health service
Sursing Student Loan Program. — The
•se Training Act of 1964 established a low-
rest loan program for students In all
■s of professional nursing schools In-
cluding collegiate, associate degree, and di-
schools. The maximum amount of loan
•■ not exceed 52.500 a year. Up to 85'; of
amount of the loan may be cancelled at
rate of 15^, for first 3 years. 20 "^c for
^th and fifth years for each complete year
full-time employment as a professional
se In any public or nonprofit Institution
agency. Students apply dlrectlv to par-
■^aMng institutions for a loan. Fcr further
rmatlonr Student Loan and Scholarship
Ion. Nursing Education Branch. Bureau
Health Manpower Education. National In-
stlt^ite of Health. Bethesda. Marvland 20014.
Health Professions Student Loan Pro-
jrrafn.— The Health Professions Educational
tance Act established this loan program
assist students who have the capacity
ambition to pursue certain careers in
health professions but who would not
be able to afford training.
January 9, 1973
1 1on
me V
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ter national
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ize
ed
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for
pel
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:.o
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Nu
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ma
the
the
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or
tie:
Information r
Sec:
of
Ass stance
to
and
the
oth >rwise
Loan funds are granted to either public or
private nonprofit institutions which adminis-
ter the funds. Loans can be made only to
full-time students who are pursuing courses
leading to degrees In medicine, dentistry,
osteopathy, optometry, pharmacy and podia-
try, and who are not receiving National De-
fense Education Act funds. Loans are limited
to $3,500 per student per academic vear and
are repayable over a ten-year period begin-
ning three years after the student finishes his
full-time study. Students apply directly to
the participating Institution for a loan.
Under 1965 amendments up to 85% of a
loan made under this program to a student of
medicine, dentistry, optometry or osteopathy
may be cancelled at the rate of 30% for first
and second years, 25% for third year for each
year the student engages In the practice of
his profession in an area of a State deter-
mined by a State health authority to have
a shortage of and need for practitioners of
that profession. For further Information-
Grants Management Staff, Division of Physl-
clans and Health Professions Education, Bu-
reau of Health Manpower Education, Na-
tional Institutes of Health, Bethesda, Mary-
land 20014.
C. Scholarship Grants in the Health Pro-
fessions—A program of Federal grants to
public and other nonprofit schools of medi-
cine, osteopathy, dentistry, optometry podi-
atry and pharmacy Is established for use by
those schools In awarding scholarships to
students from low-Income families The
amount of a scholarship to a student cannot
exceed $3,500 a year.
Scholarships will be awarded by the schools
and only to students who without flnanlcal
assistance could not otherwise pursue a
course of study at the school. For further
information: Grants Management Staff.
Division of Physicians and Health Profes-
sions Education, Bureau of Health Man-
power Education, National Institutes of
Health, Bethesda, Maryland 20014.
8. Veterans' Administration
Educational Assistance for Children of
Deceased or Disabled Veterans. —This pro-
gram provides assistance for both college and
below-college education to children of vet-
erans who died from Injury or dlsea.se or who
are permanently and totally disabled result-
ing from military service In World War I
World War II, Korea, and Vietnam or under
certain conditions during the entire period
for wh ch persons are liable for Induction
into military service and during peacetime
periods after the Spanish-American War and
prior to September 16, 1940. A maximum of
J6 months of training and education may be
obtained with payments of $220 per month
paid upon completion of each month of full-
time training, $165 for three-fourths-time
training, and $110 for half-time training For
further Information: Contact the nearest
Veterans Administration Office or Veterans-
Administration, Washington, D. C, 20420.
9. Department of Defense (and other
agencies )
,J^^^*^"'^ O/Pcers Training Corvs
mOTO) .-Three branches of the ^Td
Forces fNavy. Army, and Air Force) which
maintain Reserve Officer training programs at
selected institutions of higher eduction
frequently provide a cash stipend for par-
ticipants. In addition, the Army, Navv and
the Air Force, for the purpose of producing
career officers, subsidize a four-year college
education at civilian Institutions which oper-
ate a ROTC program. The armed services pay
all tuition and fees, travel to and from the
university, and provide a subsistence allow-
ance to each enroUee. Students are selected
In open competition through a competitive
exam, interview with career officers, and final
selection by a committee in each State. In-
quiries should be directed to the Chairman
of the Department of Military Science of the
Institution in which the student plana to
enroll, or to the Department of Defense
Washington, D.C. 20220.
B. U.S. Service Academies. — Students Inter-
ested in military or naval careers may com-
pete for appointment to the service acad-
emies, which Include the U.S. Mllltarj- Acad-
emy at West Point, New York 10996; the US
Naval Academy at Annapolis, Maryland
21402; the U.S. Air Force Academy at Colo-
rado Springs, Colorado 80840; the U.S Coast
Guard Academy at New London, Connecticut
06320; or the U.S. Merchant Marine Academy
at Kings Point, New York 11024. No charge
Is made for tuition, room, board, books or fees
at these schools. Inquiries about appoint-
ments should be directed to Congressman
Charles E. Bennett, 2113 Rayburn House Of-
fice Building, Washington, DC. 20515.
10. National Science Foundation
Student Originated Studies in Science —
This program Is operated In selected colleges
and universities throughout the United
States to provide an opportunity for the
most talented and highly qualified under-
graduates to carry out a research project in
their field of scientific interest. During the
academic year or summer term, each par-
ticipant becomes the junior colleague of an
experienced scientist for the purpose of learn-
ing the procedures of scientific research
through first-hand experience.
11. National Foundation on the Arts and the
Humanities
Fellowships in the Humanities. — The Na-
tional Endowment for the Humanities estab-
lished as part of the National Foundation on
the Arts and the Humanities will award fel-
lowships and grants to institutions or in-
dividuals for training and workshops In the
humanities. Fellowships awarded to indi-
viduals may be for the purpose of study or
research at approoriate nonprofit Institu-
tions selected by the recipient of such aid
for stated periods of time. For further In-
formation : The National Endowment for the
Humanities, National Foundation on the Arts
and the Humanities, Washington, D.C. 20506.
12. Vocational Rehabilitation Administration
Training for Careers in Vocational Re-
habilitation.— Tralneeshlps and fellowships
may be awarded through Institutions of
higher education to selected students for
training for careers in rehabilitating dis-
abled persons. For further Information: Dlvl-
sion of Training. Rehabilitation Services Ad-
ministration. Social and Rehabilitation Serv-
ice, Department of Health. Education, and
Welfare, Washington, D.C. 20201.
13. Department of Labor
Manpower Development and Training
Act. — The Manpower Development and
Training Act of 1962, provides occupational
training for unemployed and underem-
ployed persons, to assist them in gaining
skills for full-time employment. Training
may be given on the job or in public or pri-
vate school facilities. Priority is given to
trainees under 22 and over 45 years of age.
For further Information: Division of Man-
power Development and Training. Bureau of
Adult. Vocational and Technical Education,
United States Department of Education,
Washington, D.C. 20202.
14. Social Security Administration
Social Security Benefits for Children Aped
18-21 Attending School. — Social Security
Amendments of 1965 Include a provision to
continue payment of Insurance benefits to
children aged 18 through 21 who are full-
time students attending public and private
schools, including vocational schools, and
colleges and universities. Children of de-
ceased, retired or disabled workers are eli-
gible. Benefits will be paid retroactively to
children who would have been eligible In
January, 1965. For further Information con-
/
Januanj 9, 1973
CONGRESSIONAL RECORD— HOUSE
541
tact the local Social Security office, 400 West
Bay Street, Jacksonville, Florida 32202.
15. Welfare Administration
Aid to Families with Dependent Children
Payments to Children Aged 18-20 Attending
SchooL^The Aid to Families with Depend-
ent Children program provides that pay-
ments may, at the discretion of the State,
be made to aid children aged 18 through 20
who are regularly attending a school, college,
or university, or vocational or technical
training course. For further information con-
tact the Florida Department of Public Wel-
fare. PO. Box 1199, District 6, Jacksonville,
Florida 32201.
16. Federal Agency Cooperative Education
Programs
A number of Federal agencies employ stu-
dents under cooperative education programs
which provide alternating periods of work
and study. The work phase for which the
student is compensated is considered a reg-
ular, continuing ard essential element In the
educational process and Is included in the
cooperative college's requirements for a de-
gree. Most programs require five years to
complete. Among the agencies with work-
study programs for student trainees are the
Department of the Air Force. Department of
the Army. Department of Commerce, Depart-
ment of the Navy, Treasury Department. Fed-
eral Communications Commission. General
Services Administration, and National Aero-
nautics and Space Administration. Inquiries
should be directed to the agency or depart-
ment in which employment Is desired or to
the U.S. Civil Service Commission, Washing-
ton, DC. 20415.
SELECTED NATIONAL PROGRAMS
The following list of privately financed na-
tionwide student assistance programs was
compiled from numerous reference sources
and correspondences with certain sponsoring
organizations. Since there is no central
clearinghouse of information concerning
such assistance, this compilation should not
be considered a complete list.
Advertising Federation of America. Bureau
of Education and Research, 655 Madison
Avenue, New York, New York 10021. The
federation is a source for information on
scholarships in advertising, marketing, and
related fields, offered by advertising clubs in
various states.
Air Forces Aid Society (Gen. Henry H.
Arnold Educational Fund), Director. Air
Force Aid Society. 1117 North 19th Street,
Arlington, Virginia 22209. Grants and loans
are given to children of U.S. Air Force and
Army Air Force personnel (deceased, retired,
and on active duty). In addition, the Air
Force through the U.S. Air Force Central
Welfare Education Assistance Program pro-
vides financial assistance to a limited num-
ber of dependent children of Air Force mili-
tary members to obtain a college education.
Under this program. Air Force Central Wel-
fare Funds are used to support four-year
Air Force Merit Scholarships. Air Force Regu-
lations 214-3 contains details concerning
eligibility criteria and application proce-
dures. The regulation and additional Infor-
mation about the program may be obtained
from the Personnel Services Officer at any
Air Force Base.
Alcoa Foundation. Aluminum Companv of
America. 1501 Alcoa Building, Pittsburgh,
Pennsylvania 15219. Approximately 215 schol-
arships. 65 awarded each year, valued at $750
per year, are available to children of em-
ployees of the company.
Allstate Foundation, National League for
Nursing. 10 Columbus Circle, New York, New
York 10019. The Foundation provides nurs-
ing education scholarships annually to ap-
proximately 200 persons. The scholarships
are administered through state chapters of
the National League for Nursing and pro-
vides funds to meet tuition charges In hos-
pital schools of nursing or college schools
of nursing.
Alpha Phi Alpha Fraternity, Inc., 4432
South Parkway. Chicago. Illinois 60655. Schol-
arships are awarded to high school graduates
accepted for admission to Cornell University.
Information concerning applications may be
obtained from the Office of Scholarships and
Financial Aid, Cornell University. Ithaca, New
York 14850.
American Association for Health. Physical
Education and Recreation, 1201 16th Street.
N.W. Washington, DC. 20036. A. R. Moore
physical education scholarships are awarded
to high school graduates who are Interested
In teaching physical education.
American Baptist Student Aid Fund.
•American Baptist Board of Education. Valley
Forge. Pa., 19481. National Scholarships are
awarded to American Baptist students in
need of financial help to continue their edu-
cation. Larger awards are made to students
wishing to attend colleges related to Ameri-
can Baptist Convention.
American Can Company. American Lane.
Greenwich, Conn.. 06830. Approximately 14
full-tuition scholarships are awarded to
children of employees of the company to at-
tend approved colleges of applicants' choice.
American Hotel Association. 221 West 57th
Street. New York, New York 10019. Founda-
tion scholarships are awarded to high school
graduates planning to study hotel and res-
taurant admlnistratioji; study must be at an
institution which offers a B.S. degree In this
field.
The American Legion, Americanism Divi-
sion. Education and Scholarship Program.
Box 1055, Indianapolis. Indiana 46206. The
Legion sponsors the following scholarshins:
(1) The American Legion "National High
School Oratorical Contest" which awards
four scholarships ranging in value from $2.-
000 to $8,000 for attendance at any U.S.
college or university. (2) The American
Legion Auxiliary "National President's
Scholarships:" Two in each of five divisions;
valued at $1,000 to $1,500 each; and awarded
to female students who are children of vet-
erans having served in World War I or II.
Korea and Vietnam, seniors at or graduates
from an accredited high school who have not
begun college and who need financial help.
The Legion also has Information on the La
Verne Noyes scholarships offered to persons
who are blood descendents of someone who
served In the US. Army or Navy during
World War I. and whose service was ended
by death or honorable discharge. These
scholarships are awarded to 49 colleges and
universities in the United States.
American Trucking Associations, Inc., 1616
P Street. N.W.. Washington, D.C. 20036. Af-
filiates of the association provide a variety
of scholarships Including those for children
of company employees, general scholarships,
and other educational aids. A list may be ob-
tained by wTltlng to the above address.
American Wool Council. 200 Clavton
Street, Denver, Colorado 80206. Tlie council
sponsors a national .sewing contest ("Make
It Yourself With Wool") which awards
scholarships ranging from $100 to $1,000.
AMVETS National Headquarters, 1710
Rhode Island Avenue, N.W.. Washington.
D. C. 20036. Scholarships of a value up to
$2,000 are awarded to high school seniors
who are children of deceased or totally dis-
abled veterans of World War II, the Korean
conflict or Vietnam.
Armco Steel Corporation. 703 Curtis. Mld-
dletown, Ohio 45042. The Armco-NSPE Civil
Engineering scholarships, administered by
the National Society of Professional Engi-
neers (2029 K Street. Washington, D. C.
20006) are valued at $750 a year and are
given to students planning to study civil
engineering.
Armed Forces Relief and Benefit Associa-
tion, 1156 15th Street, N.W., Washington.
DC. 20005. The association offers one-year
loans limited to $500 to children of officers of
the uniformed services on active duty.
Army Relief Society, 26 Federal " Plaza.
Room 1733. New York, New York 10007.
Scholarships, special awards, and loans are
offered to the children of deceased Regular
Army officers and enlisted personnel.
Bausch and Lomb Optical Company, 635
St. Paul, Rochester, New York 14605. Scholar-
ships are awarded annually to outstanding
science students for study at the University
of Rochester, Rochester. New York 14627. Ap-
plication should be made to the university.
Board of Christian Education. The United
Presbyterian Church in the USA Office of
Educational Loans and Scholarships. 425
Wltherspoon Building. Philadelphia. Pa.,
19107. The board offers scholarships to mem-
bers of the church who plan to attend one
of the colleges related to the United Presby-
terian Church. USA.
Board of Education of the Methcdist
Church, Department of Student Loans and
Scholarships, P.O. Box 871. Nashville. Tennes-
see 37202. The board offers scholarships and
loans to Methodist students who plan to
attend Methodist institutions of higher ed-
ucation.
Boy a Clubs of America. 771 First Avenue.
New York, New York 10009. The organization
gives scholarships of various types to students
with an expressed interest in and potential
for Boys' Club work.
Boy Scouts of America. National Council,
New Brunswick, New Jersey 08S02. The coun-
cil provides a listing of various scholarships
available to Boy Scouts.
Broadcast Music, Inc., 589 Fifth Avenue,
New York, New York 10017. Awards of an ap-
proximate value ranging from S250 to $2,000
are made to student composers.
Burlington Industries Foundation, 301
North Eugene Street. Greensboro. North
Carolina. 27420. The foundation gives loans to
eligible employees and children of emplovees
of the Industries.
Carnation Company Scholarship Founda-
tion. The Carnation Building. 5045 Wilshire
Boulevard. Los Angeles. California 90036. Ap-
proximately 70 Elbrldge A. Stuart scholar-
ships for full tuition at Institution accepting
awardee. plus $500 stipend per year are
awarded to children of Carnation Companv
employees who plan to attend not onlv a
college or university but such educational
Institutions as accredited trade, vocation,
technical schools and art schools or music
con.servatories.
Civitan International. CIvKan Building. 115
North 21st Street, Btrmintham. Alabama
35203. The group offers three scholarships
ranging in value from $250 to SI. 200 to high
school wlmiers of a Clvltan Citizenship Es-
say Contest sponsored by a local chapter.
College Tuition Exchange Plan. Tuition
Exchange Office, Williams College, WllUams-
town, Massachusetts 01267. More than 200
private colleges and universities exchange
faculty members' children ttiltlon-free.
Recipients must be children of full-time
faculty staff at one of the participating in-
stitutions.
Continental Oil Company, Post Office Box
2197. Houston, Texas 77001. Conoco scholar-
ships value at $500 per year are awarded to
children of employees of the company.
Cummins Engine Foundation. 1000 Fifth
Street, Columbus, Indiana 47201. The founda-
tion offers scholarships to children of em-
ployees of the Cummins Engine Company.
Distributive Education Clubs of America
(DEC A) Foundation, 200 Park Avenue, Falls
Church, Virginia 22046. Scholarship loans are
awarded to high school seniors or graduates,
former or active DECA members, to pursue
courses In marketing, distribution, or dis-
tributive education.
De Molay Foundation, 201 East Armour
Boulevard. Kansas City, Missouri 6411X.
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Grints up to $600 a year are given with
Terence to members of the Order of De
ay or children of former members.
Disabled American Veterans AuxiliaTy, 130
Street. South St. Petersburg. Fla..
The auxiliary gives .$200 maximum
rest-free loans per year maximum total
of $800 to children of members of the
^bled Veterans or Its auxiliary.
agles' Memorial Foundation. 4710 14th
I. W . Bradenton, Florida 33505. As part
ts prcgram. the foundation provides the
owing financial assistance for eligible
mljior orphan children of Fraternal Order of
le members "the • • • cost of attend-
at a State college or university of the
e in which the student resides or to a
tional school for special training."
ucation Council of the Graphic Arts In-
try. Inc.. 4615 Forbes Avenue, Pittsburgh,
15213. The council's national scholarship
it fund provides for ( 1 ) approximately
rour-year scholarships to be used at col-
s and universities offering degree pro-
or majors in printing design, printing
hing. printing management and tech-
Ibgy. The value of the scholarships range
in $100 to $1,500 a year. (2) Additional
hjlarships offered by several companies,
indatlons. and other donors In the Indus-
Recipients cf these scholarships are se-
?d from special groups such as children
mployees and students residing in spec-
, cammunitles.
fcs National Foundation. 2750 Lake View
ue. Chicago, Illinois 60614. "The most
able student" awards are made by the
idation trustees and range In value from
to 52.500.
fth Marine Division Association. Head-
■ters U.S. Marine Corps, Washington. D.C.
;5. Scholarships are provided to children
neu who become "Incapacitated" while
serUng with the 5th Marine Division. Re-
ints receive a maximum of $1,000 an-
nua Uy to attend an accredited university,
I !ge. technical or professional school of
choice.
restone Tire and Rubber Company, 1200
Parkway. Akron. Ohio 44317. Ap-
protimately 35 scholarships are awarded an-
nually to children of the company's em-
ploy ees for payment of tuition and other fees
A3 a maximum amount of $1,750 a year.
rst Marine Division Association. Box 84.
Virginia 22313. The association'
offets scholEo^hips to the children of de-
er totally disabled veterans who
In the 1st Marine Division.
F^od Fair Stores, Inc., Box 457. 7000 N.'W.
Avenue. Miami, Florida 33147. More
60 scholarships are awarded annually
I^ood Fair Stores employees, their children
residents of a community served by the
Awards range approximately from
to $500 per year.
rd Motor Company, The American Road,
Michigan 48127. Student loans of
$1,5^0 a year are available for children of
any employees.
neral Electric Company. Education Com-
lee. Crotonvllle, P O. Box 151, Ossining,
York 10562. The company offers scholar-
and loans of a maximum of $1,500 a
for children of employees.
General Mills. Inc., c o Paul S. Amldon and
Inc.. 9200 Wayzata Boulevard,
leapolis, Minnesota 55440. The company
the "American Homemaker of To-
mortow Contest" in which senior high school
have an opportunity to win scholarships
from $500 to $5,000.
Motors Corporation, General Mo-
Bulldlng, Detroit. Michigan 48202. Un-
he college plan approximately 136 four-
scholarships ranging In value from $200
000 per year are made available through
:olleges and universities, to high school
lates.
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Grant {W. T.) Company, c o Grant Chari-
table Trust. 1441 Broadway, New York. New
York 10018. The company offers at least five
scholarships annually ranging from $200 to
$2,500 per year for eligible employees or chil-
dren of employees.
Heinz (H. J.) Company, c o National Res-
taurant Association. 1530 North Lake Shore
Drive. Chicago, Illinois 60610. The associa-
tion administers five H. J. Heinz scholarship
awards valued at $1,000 for four years, maxi-
mum of $3,000. which are offered to students
who plan to study a college or university
four-year course of food service administra-
tion.
Independent Order of Odd Fellows, Educa-
tional Foundation. P.O. Box 214, Conners-
ville. Indiana 47731. The foundation operates
a revolving loan fund. Loans are made to
high school graduates for study in any rec-
ognized school Including business schools,
beauty culture schools, barber colleges, or
for any course offering Immediate opportu-
nity for employment.
Institute of Food Technologists, 221 N.
LaSalle Street. Chicago. Illinois 60601. The
Instltxite offers approximately 15 scholar-
ships valued at $500 a year for high school
graduates planning to study in the field of
food technology, food engineering, and food
science.
The Insured Tuition Payment Plan, 6 St.
James Avenue, Boston. Massachusetts 02116.
A commercial loan program for parents to
pay for their child's education is offered by
the Insured Tuition Payment Plan.
Junior Achievement, Inc., 51 West 51st
Street. New York. New York 10019. The cor-
poration offers scholarships to students who
are members of Junior Achievement
Kemper (James S.) Foundation, Mutual
Insurance Building, Chicago, Illinois 60640.
The foundation annually sponsors scholar-
ships for study in the field of Insurance ad-
ministration in approximately 18 Institu-
tions of higher education.
Knights of Columbus Educational Trust
Fund. Drawer 1670. New Haven, Connecticut
06501. The Knights of Columbus offer schol-
arships for attendance at a Catholic college
or university to children of members who
were killed or totally or permanently dis-
abled during World War II. the Korean con-
flict, or the conflict In Vietnam.
Merrill Lynch, Pierce, Fenner and Smith,
70 Pine Street. New York. New York 10005.
The Arm offers scholarships for children of
eligible employees.
National Achievement Scholarship Pro-
gram, National Merit Scholarship Corpora-
tion. 90 Grove Street. Evanston. Illinois
60201. The corporation, with financial help
from the Ford Foundation, administers the
National Achievement Scholarship Program
In which approximately 200 scholarships
ranging In value with $250 to $1,500 are
awarded annually to Negro students.
National Association of Secondary-School
Principals, 1201 16th Street. N.W.. Wash-
ington. DC. 20036. The association, together
wltii several business concerns, provides
funds for the awarding of the National
Honor Society Scholarships to members of
the Society.
National Committee for Careers in Medical
Technology, 9650 Rockville Pike, Bethe.sda,
Maryland 20014. The committee Is a source
for information on scholarships and loans In
medical technology and cytotechnology.
National 4-H Service Committee, Inc., 59
East Van Buren Street. Chicago, Illinois
60605. The service committee arranges and
announces several awards, including scholar-
ships for 4-H members who, in general, must
apply them toward study at a State land-
grant college or university.
The National Foundation, 800 Second Ave-
nue, New York. New York 10O09. Local chap-
ters of the foundation sponsor scholarships
for the study of nursing, occupational ther-
apy or physical therapy to be used at ac-
credited Institutions of higher education.
The National Foundation advises contacting
local chapter for specific information.
National Merit Scholarship Corporation
90 Grove Street, Evanston. Illinois 60;;0l!
"Merit Scholarships financed through the
Ford Foundation grant are known as Na-
tional Merit Scholarships. Merit Scholarships
provided by business corporation, founda-
tions, colleges, unions, professional associa-
tions, trusts, and individuals usually bear
the name of the sponsor — for example. Shell
Merit Scholarships. The Honorary Merit
Scholarships involve no financial commit-
ments. A Merit scholarship is a four-year
award to be used at an accredited college
of the student's choice. The college must be
located, in the U.S., and the recipient's pro-
gram Of study must lead to one of the usual
baccalaureate degrees. The scholar is respcn-
sible for making arrangements with his col-
lege and for fulfilling its admissions require-
ments " Contestants must take che National
Merit Scholarship Qualifying Test in March
of their junior year. Students who qualify
for the semifinal test take it in September
of their senior year. "The National Merit
Scholarship Qualifying Test" is a three-hour
test of educational development. A new form
of the test is designed each year for the Merit
Program by Science Research Associates. This
test is composed of five subtests (English
usage, soci&l studies reading, natural sciences
reading, mathematics usage, and word us-
age). The test is designed to measure the
student's ability to use what he has learned,
to think critically and to apply factual in-
formation to the solution of problems. Em-
phasis is on the broader intellectual skills
taught in all secondary schools. In brief, the
NMSQT is a test of readiness for college that
measures both aptitude and attainment; its
purpose is to discover those bright students
who have applied their abilities.
National Scholarship Service and Fund for
Negro Students. 1776 Broadway. New York,
New York 10019. The service and fund awards
supplementary scholarships of a value up to
$400 for Negro students who have already
received other financial aid but are in need
of additional assistance. The awards may b«
used at any accredited interracial Institution
of higher education which grants degrees.
National Science Teachers Association, 1201
16th Street. N.W.. Washington, D.C. 20036.
The association administers the "Tomorrow's
Scientists and Engineers" program. Include
awards to students In grades 7 through 13.
The Newspaper Fund, P. O. Box 300, Prince-
ton. New Jersey 08540. Among other activi-
ties, the fund offers scholarships to students
planning to study Journalism.
Nurses Educational Fund, Inc., 10 Colum-
bus Circle, New York, New York 10019.
Scholarships are available for students to
study nursing at accredited institutions of
higher education of their choice.
Navy Wives Clubs of America, Dependents
Aid Section (Pers-G24), Department of the
Navy. Washington, D.C. 20370. Scholarships
valued up to $400 for the freshman year are
awarded to children of enlisted active, re-
tired, or deceased members of the U.S. Navy,
Marine Corps, or Coast Guard.
Noyes (Jesse Smith) Foundation, Inc., In-
quire of your Student Aid Officer of the col-
lege you enter. The foundation provides
scholarship and loan funds to participating
Institutions of higher education for financial
assistance to needy students.
Phillips Petroleum Company, Phillips
Building, Bartlesvllle. Oklahoma 74004. The
company offers scholarships valued at $500
a year to children of its direct, full-time
employees.
Radio Corporation of America, RCA Edu-
cation Committee. RCA. Princeton, New
Jersey 08540. The corporation makes avail-
able scholarships at 34 Institutions of higher
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
543
education to students enrolled in the schools
and planning to major In music, dramatic
arts, Industrial relations, television training,
and science. They range in value up to $800.
Retired Officers Association, 1625 I Street.
N.W., Washington, D.C. 20006. The association
offers interest-free loans valued up to $1,000
a year for children of deceased, retired, or
active members of the U.S. Armed Forces,
Environmental Science Services Administra-
tion, or Public Health Service.
Scholastic Magazine, 50 West 44th Street,
New York, New York 10036. Art awards in-
volving tuition for a year to one of over 50
arts schools and colleges are made under the
auspices of the magazine. The magazine also
sponsors creative writing and photography
awards.
Seafarers Welfare Plan, 275 Twentieth
Street, Brooklyn, New York 11215. Scholar-
ships, each valued up to $1,500 per year, are
available to children of seamen who are mem-
bers of the association.
Sears-Roebuck Foundation, Dean of Agri-
culture or Home Economics at the land-grant
college of your State. The foundation offers
agricultural scholarships to students to make
a career in agriculture, and home economics
scholarships for students who are planning
a career in home economics. Recipients must
attend land-grant universities.
Second Marine Division Association i Me-
viorial Scholarship Fund), P. O. Box 113.
Willow Springs, Illinois 60480. The associa-
tion has established a memorial scholarship
fund offering scholarships to children of
Marines who have served with the 2nd
Marine Division.
Sloan {Alfred P.) Foundation, 630 Fifth
Avenue, New York, New York 10022. The
foundation annually sponsors approximately
140 scholarships for male undergraduates In
cooperation with 45 institutions of higher
education; 150 scholarships, valued from
$200 to $2,500 a year, in 29 Institutions are
awarded to freshmen students. A list of
participating Institutions may be obtained
by writing the foundation.
Society of Exploration Geophysicists, P. O.
Box 3098, Tulsa, Oklahoma 74101. The society
has established a foundation offering scholar-
ships ranging in value from $500 to $1,000 for
students who plan to study a college or uni-
versity course leading toward a career In
geophysics.
Sperry and Hutchinson Company, Scholar-
ship Committee, 330 Madison Avenue. New
York, New York 10017. The company offers
national scholarships, as well as a series of
scholarships to the children of their em-
ployees, both valued up to $1,000 per year.
Thirty-seventh Division Veterans Associa-
tion, 21 West Broad Street, Room 1101. Co-
lumbus, Ohio 43215. The association offers
scholarships annually to high school seniors
who are children of 37th Division veterans of
World War II, the Korean confilct. and
Vietnam.
Tuition Plan, Inc., 575 Madison Avenue,
New York, New York 13402. A commercial
loan plan in which parents may finance from
one to four years of college education for a
student is offered by Tuition Plan. Inc.
United Aircraft Corporation, East Hart-
ford. Connecticut 06108. The corporation of-
fers scholarships to the children of eligible
employees for the study of engineering or
related science.
United Scholarship Service, Inc., 300 East
Speer Boulevard, Denver. Colorado 20303. The
service which is composed of the Association
of American Indian Affairs, the Board of
Home Missions of the Congegatlonal Chrls-
tlon Churches, and the National Council of
the Protestant Episcopal Church offers ap-
proximately 100 scholarships to students of
American Indian or Spanish American an-
cestry.
United State Aid Funds, Inc., 845 Third
Avenue, New York, New York, 10022. United
Student Aid Funds is a private, nonprofit
corporation which endorses low-cost loans
made by participating banks to needy college
students in over 1,000 participating "colleges
In 50 states. An agreement with commercial
banks allow the United Student Aid Funds
reserve fund to guarantee the Loans the
banks make to the students. The reserve fund
Is made up of money from United Student
Aid Funds and from deposits by participat-
ing colleges whose students use this program.
Loans are available to students after com-
pleting their freshmen year (a program In a
small number of colleges allow loans to such
students) in amounts up to $1,500 a year
with a total of $7,500 with a simple Interest
rate of 6 percent.
Wachovia College Assured Plan, Box 3099,
Wlnston-Salem. North Carolina. 27102. A
commercial loan program in which parents
or other sponsors of a student may get a loan
to finance the student's education Is offered
by Wachovia Bank.
Western Electric Company, Inc., 195 Broad-
way. New York. New York" 10007. The com-
pany provides funds for more than 203 schol-
arships ranging from $400 to $1,500 In val-
ules and applicable at over 146 participating
Institutions of higher education.
Westerri Union Telegraph Company, 60
Hudson Street. New York. New York 10013.
The company sponsors a scholarship pro-
gram for eligible employees, or a child, step-
child, or legally adopted' child of such an em-
ployee, active or retired.
Westinghouse Electric Corporation East
Pittsburgh, Pennsylvania 15221. The corpo-
ration sponsors the following scholarship
opportunities: Westinghouse Family Scholar-
ships (44 awards) are given annually, total-
ing $72,000 to sons and daughters of West-
inghouse employees. These Include four
4-year scholarships of $8,000 each and forty
1-year scholarships of $1,000 each (2) In co-
operation with the Science Clubs of America
(1719 N Street. Washington, DC. 20036. a
"Science Talent Search" in which winners
receive scholarships valued up to $10,000.
Winn-Dixie Corporation. Box B. Jackson-
ville, Florida 32203. Approximately 60 schol-
arships per year are awarded to children of
employees of the company and to students
within the trade area of the company.
FLORIDA PARTICIPATING COLLEGES AND UNIVERSITIES
(Here are the colleges and universities in the State that par-
ticipate in the National Defense Student Loan (NDS), College
Work-Study (CWS). and Educational Opportunity Grant
(EGG) programs. The X 's indicate which of the three programs
are in operation at each institution)
Institution, address
NDS
CWS EGG
Barry College, Miami x X X
Bethune Cookman College, Daytona
Beach x X X
Biscayne College, Miami ]] XXX
Brevard Community College. Cocoa ._ . X X
Broward Community College, Fort
Lauderdale. . x X
Central Florida Community College,
Ocala X X X
Chipola Junior College. Marianna ..X X X
Central Data Institute. Coral Gables. X
Daytona Beach Junior College,
Daytona Beach ... x X X
Edison Junior College. Fort Meyers x X
Edward Waters College,
Jacksonville . XXX
Embry Riddle Aero University,
Daytona Beach . XXX
Florida A, & M. University XXX
Florida Atlantic University, Boca
Raton X X X
Florida College. Temple Terrace.. x
Florida Institute ol Technology,
Melbourne XXX
Florida International University.
Miami XXX
Florida Junior College at
Jacksonville... ._ ..X X X
Florida Keys Junior College, Key
West X X X
Florida Memorial College, Miami XXX
Florida Presbyterian College,
St. Petersburg... X X X
Florida Southern College, Lakeland. . X X X
Florida State University.
Tallahassee.. X X X
Institution, address
NDS
CWS
EGG
Florida Technological University,
Orlando . . .
- X
X
X
Fort Lauderdale University, Fort
Lauderdale
. X
X
X
Gulf Coast Junior College, Panama
City ..
. X
X
HillsUOTuugh Community College.
Tampa
. X
X
X
Indian River Junior College, Fort
Pierce
. X
X
X
Jacksonville University,
Jacksonville ..
X
X
X
Jones College, Jacksonville
X
X
X
Lake City Junior College and Forest
Ranger SC, Lake City
X
X
X
Lake Sumpter Junior College,
Leesburg
. X
X
Manatee Junior College. Bradenton..
Marymount College. Boca Raton...
- X
X
X
X
X
Massey Business College,
Jacksonville
X
X
Miami-Dade Junior College, Miami
X
X
X
New College, Sarasota
X
North Florida Junior College,
Madison
X
X
X
Nova University of Advanced
Technology, Fort Lauderdale
X
Okaloosa Walton Junior College,
Valparaiso
- X
X
Palm Beach Atlantic College, West
Palm Beach
X
X
X
Palm Beach Junior College, Lake
Worth
. X
. X
X
Pensacola Junior College. Pensacola
X
Polk Junior College. Winter Haven..
. X
Prospect Hall College, Fort Lauder-
dale..
X
X
Rollins College. Winter Park
X
X
X
St. John's River Junior College,
Palatka...
. X
X
X
St. Leo College. St Lee
X
X
St. Petersburg Junior College.
St. Petersburg.
X
X
X
Santc Fe Junior College, Gaines-
ville
X
X
X
Seminole Junior College. Sanford. . .
. X
X
South Florida Junior College, Avon
Park
. X
Southeastern Bible College, Lake-
land
. X
X
X
Stetson University. De Land
X
X
Tallahassee Community College,
Tallahassee
. X
X
Tampa Technical Institute, Tampa..
X
University of Florida, Gainesville
X
X
X
University of Miami. Coral Gables...
X
X
X
University of North Florida,
Jacksonville _
X
X
X
University of South Florida, Tampa..
X
X
X
University of Tampa, Tampa
. X
University of West Florida, Pensa-
cola.
X
X
X
Valencia Junior College, Orlando....
. X
X
DISTILLED SPIRITS PLANT PRO-
■^TLSIONS OF INTERNAL REVENUE
CODE
I Mr. ROSTENKOWSKI asked and was
given permission txy address the House for
1 minute, to revise and extend his re-
marks and Include extraneous matter).
Mr. ROSTENKOWSKI. Mr. Speaker,
today, I have introduced for myself, Mr.
Landrum, and Mr. Broyhill of 'Virginia,
a bill to amend the distilled spirits plant
provisions of the Internal Revenue Code
in order to remove certain restrictions
that are presently incorporated in the
code. This legislation would remove re-
strictions that are not necessary for ef-
fective enforcement of the revenue and
regulatory aspects of the law. Removal
of these previsions would also have the
effect of facilitating and encouraging ex-
ports. These provisions would have no
adverse effect on the amount of revenue
that would be collected by the Internal
Revenue Service.
I introduced this same bill in the 92d
Congress. The Treasury Department, in
response to a request from my Commit-
tee on Ways and Means, has already re-
ported favorably on this legislation. I am
therefore hopeful that this bill will be
544
CONGRESSIONAL RECORD — HOUSE
January 9, 1973
)efore the House early in this session of
.he Congress.
I would like to irasert in the Record at
his point a brief explanation of the vari-
)us sections of thus legislation:
Section-By-Section Analysis of the Bill
in bond for export
Section 1 of the bill would eliminate the
equirement of showing on the label of gin
mdfcvocika bottled in bond for export, the
laifte of the distiller. Such Information
;erve,s no useful purpose, and since gin and
,odka are produced from neutral spirits,
•ompliance with the statute means showing
:he distiller of the neutral spirits which may
3e a person different from the producer of
;he gin or vodka: the showing of such dis-
iller on the label could even be deceptive
;o the consumer.
SECTION 2 DRAWBACK FOR Bt.n,K IMPORTED
GOODS BOTTLED IN UNITED STATES
Sectfon 2 of the bill would authorize al-
owance of drawback of tax on bulk Imported
joods which are bottled in the United States
ind exported therefrom. Because of the 11ml-
ation to coods "manufactured or produced
n the United States" in existing law. im-
ported dl.stille'l spirits are not subject to
Irawback under section 5062 1 b ) . However.' by
,lrtue of section 5523. IRC. reduction In proof
ind bottling or packaging are deemed fo
ronstitute manufacttiring under section 311
)f the Tariff Act of 1930. (19 U.S.C. 1311)
rhis amendment wcjuld make the export
standards of Sec. 5062ibi consistent with
hose in Sec. 311.
SECTION 3. DISTILLED SPIRITS DELIVERED TO THE
ARMED FORCES FOR EXPORTATION
Section 3 of the bill would provide that
listiUed spirits delivered to the armed forces
or exportation will be deemed to be ex-
Dorted at the time of delivery to the armed
'orces. '
Under current procedures alcoholic bev-
?r.\ge'= snid to the armed forces for shlp-
iient and use abroad are delivered to an
irmed services transportation officer at the
3orr of exportation. Thereafter, custody and
•Dntrol of the merchandise Is entirely with
he service involved. However. In several re-
rent cases sizable quantities of distilled
ipirlts were stolen while temporarily stored
5v the Air Force at the port of exporta-
:ion The Tre.wiiry Department assessed and
collected from the distillers the tax on the
nerchandise so stolen while In the posses-
;; n. ownership p.r.A control of the .^Ir Force,
>r.d the Air P.->r:'e reftised to reimburse the
li'iitilJers for such tax.
As a matter of equity. It would appear
;:iat when custody and control of alcoholic
ie erages ar? delivered to the armed forces
' '- e.xportatlrn. the vendor should not be
^'ile for the tax in the e-ent of lo<;.<: or
iestructlon prior to actual exportation.
SECTION 4. DISTILLED SPIRITS RETVRNED TO
BONDED PREMISES
Section 4 of the bill would permit the
tsottler or packager to return to an cxp'^rt
-t ^ragp facility on bonded premises distilled
ioirits Thich woi'ld be elieib'.e f"r drawback
.mder Section 5062(b). The return of the
spirits miis^ be solely for the purprs%rf stor-
ige pendlns; withdrawal for export, rr other
vithdrawal without pavme'it of tix auth' r-
.red under Section 5214(a). or free of tax
.uider Section 7510.
This section also permits the bottler to
return to appropriate storag:e facilities on
the bonded premises distilled spirits which
he had bottlfd in bond after tax determina-
tion. Such spirits ma7 be withdrawn for any
purpo.se for which distilled spirits bottled In
bond before tax determination may be with-
drawn from bonded premises.
Appropriate amendments are made to pro-
vide for the remission, abatement, credit, or
refund of tax on spirits returned to bonded
premises under this section.
The amendments made by this section are
designed to simplify and encourage export
transactions.
SECTION S. WITHDRAWALS TO CUSTOMS BONDED
WAREHOUSES .
Section 5 of the bill would authorize with-
drawal of distilled spirits from bonded prem-
ises without payment of tax for transfer to
any customs bonded warehouse. This pro-
vision applies to spirits bottled In bond for
export and to spirits returned to bonded
premises under section 5215(b). The amend-
ment is designed to simplify and encourage
export transactions.
SECTION 6. REMOVAL OF SAMPLES FOR RESEARCH.
DEVELOPMENT, OR TESTING
Section 6 of the bill would make a reason-
able extension of the purposes for which
samples may be removed without payment of
tax to include plant research In addition to
laboratory analysis. This amendment Is simi-
lar to the recent amendment to Section 5053
relating to beer.
SECTION 7. MINGLING AND BLENDING OF
DISTILLED SPIRITS
Section 7 of the bill would permit distilled
spirits plant proprietors to commingle dis-
tilled spirits within 20 years of the date of
original entry rather than the existing 8
years. The section also eliminates the re-
quirements of existing law that the mingled
spirits be placed In the same barrels and that
the mingling must be for further storage m
bond. Proper administration of the distilled
spirits tax and regulatory provisions does not
require the limitations on commingling to 8
years or the return of the distilled spirits to
bonded storage. From a practical standpoint,
the use of the same package is an unneces-
sary restriction.
SECTION 8. USE OF JUNIPER OILS IN PRODUCTION
OF GIN
Section 8 of the bill would authorize the
use of the extracted oils of Juniper berries
and other aromatlcs in the production of gin
without Incurrence of the rectification tax
in addition to the present system of redis-
tillation of a pure spirit over juniper berries
and other aromatics. This amendment will
permit production of gin with greater uni-
formity and without loss In quality.
SECTION 9. LOSS PROVISIONS FOR SPIRITS
BROUGHT IN FROM PUERTO RICO AND THE
VIIJGIN ISLANDS
Section 9 would extend to bulk spirits
brought into the United States from Puerto
Rico or the Virgin Islands the same loss pro-
visions now applicable to imported and do-
mestic spirits.
Due to an oversight when the law was
amended to permit entry of such spirits Into
bold the provisions applicable to imported
and domestic spirits were not extended to
spirits brought In from Puerto Rico or the
Virgin Islands. Enactment of this section
wotild cure inequities in the present law.
SECTION 10. EFFECTIVE DATE
The Act would become effective on the first
day of the first calendar month which begins
more than 90 days after enactment. This will
give the Treasury Department and the dis-
tilling Industry sufficient time to modify pro-
cedures under the statutes amended.
THE LATE MR. JUNE B. THAYN
I Mr. RUTH asked and was given per-
mission to address the House for 1 min-
ute and to revise and extend his remarks
and include extraneous matter.)
Mr. RUTH. Mr. Speaker, it is with
great sadness that I announce the pass-
ing of my administrative assistant. Mr.
June B. Thayn, who had served in that
capacity to three former Members of
Congress.
I am sure my colleagues understand
that it would be an error on my part not
to use this moment, in this great Cham-
ber, to recognize the magnitude of Mr.
Thayn's efficiency and his moral conduct
in handling the office affairs of a Con-
gressman.
Mr. Thayn died December 24 in Salt
Lake City, Utah. Services and burial were
in Salt Lake City. They were officiated
by President Harold Lee, leader of the
worldwide Church of Jesus Christ of
Latter-day Saints. For his many Wash-
ington area friends and colleagues, a me-
morial service was held January 4 at 2
p.m. at the Chesapeake Stake Center in
Silver Spring, Aid. June had spent all of
his life, from early childhood, in the serv-
ice of his church, and on his death he
was president of a Maryland community
of LDS churches.
I iiclude the following:
Rfmarks Made By Congressman Earl B,
Ruth at June Thayn's Funeral in Salt
I^KE City, Utah. December 27. 1972
In title. June Thayn v.sz my Admlnistra-
ti.e A.oSistant. In reality he was mj friend—
the most Influential I ever had. My ad visor—
in whom I had ccraplete confidence. At my
Insistence, he had total control of the office.
In fact, we had a private office Joke which I
originated — "When Mr. Thayn is out the Con-
gressman Is in charge." While this Is not the
usual procedure. June was not the usual
man.
You see, I think he was the best Adminis-
trative Assistant on the Hill. He was capable,
loyal, unselfish and highly respected. How-
ever, there was a trait beyond efficiency that
was his trade-mark — to me it made him
very special.
He had a genuine sensitivity for the feel-
ings of others. It was after my first four
months In Congress that I began to realize It.
I learned of something being done In an-
other office and very authoritatively told
June we should be doing the same thing.
He replied in his usual "you bet". A week
later I found out his reply could have been.
"We've been doing that for three months".
My not being embarrassed meant more to
him than reminding me of his own efficiency.
I've never met a man I admired more or
depended upon so much. I realize that for
some time I shall face difficult decisions by
asking myself. "What would June do?"
Frankly, I don't know what kind of Con-
gressman I can be without him. When I say
my prayers tonight, I shall try to ignore my
selfish side which Is crying out "Why?" And,
I'll thank my God for the four years I've
had with June Thayn.
June Thayn came to Capitol Hill 27
years ago. He came here from Idaho
with newly elected Congressman John
Sanborn. He later served as administra-
tive assistant to former Congressmen
Hamer Budge and George V. Hansen,
both of Idaho. The only period of time
he was not in the service of a Congress-
man was in the early 1960's and he was a
legislative representative for the Ameri-
can Farm Bureau.
The private side of Mr. Thayn's life
is equally important.
Prior to his calling as the president
of the Chesapeake Stake of the Church
of Jesus Christ of Latter-day Saints, he
was counselor to the Washington Stake
presidency of the church, bishop of the
Capital and CoUgge Park wa^ds. and
high councilman oi tne Washington
Stake.
I personally know of the many volun-
teer hours he spent in the evening in
the service of his church.
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
545
His survivors include his wife, Florian,
who works in the Architect's Office; and
his three daughters, Mrs. George Dean
of Oxon Hill, Md.: Mrs. Michael Cluff
of Martinez, Calif., and Mrs. John E.
Roberts of Provo, Utah, who Vvas married
only 2 days before her father's untimely
death.
Mr. DEL CLAWSON. Mr. Speaker, will
the gentleman yield?
Mr. RUTH. I yield to the gentleman
f'-om California.
Mr. DEL CLAWSON. Mr. Speaker, I
thank the gentleman for yielding. The
gentleman has appropriately taken time
to pay respects and honor to one of the
important men of Washington and one,
who was a good friend of many of us,
and one who has been known not only
as an administrative assistant, but also
as a chui'ch leader.
It was almost 10 years ago when June
Thayn and I first met. At that time he
was with an independent national or-
ganization and as a freshman Member
of the House of Representatives I needed
some information and help on legislation
then facing the Congress. A personal call
to June Thayn resulted in immediate re-
sponse and excellent assistance.
From that initial contact until his un-
timely death a lasting and warm friend-
ship developed — together with a deep ap-
preciation for his strength of character
his exceptional ability for dealing with
sticky problems and tough issues and for
hi.=; basic commonsense in matters of gov-
ernmental and individual concern.
Several former colleagues as well as
the gentleman from North Carolina at-
test to Mr. Thayn's administrative com-
petence, depth of character and willing-
ness to assume ever increasing responsi-
bOity. This quality was demonstrated as
each of them placed increased depend-
ence upon him for the operation of his
congressional office. Even with these
heavy demands upon time and ability,
June Thayn gave generously of both to
his church. This service eventually ele-
vated him to one of the highest positions
in this area of the Church of Jesus Christ
of Latter-day Saints, the position of
Stake president. Again the stature of this
man revealed itself as a spiritual leader
for thousands of church members.
His counsel and advice from young
and old were constantly sought: he was
held in high esteem by the pre.?iding
authorities of the church as evidenced
by his appointment to this very impor-
tant office. With many productive years
ahead of him, efforts to answer the eter-
nal "why" become extremely diffi.cult in
explaining the purpose of life. The
sound religious convictions accepted by
June Thayn provided him v.ith real
purpose, dedication and unusual service
to his fellowmen during the years that
he spent in this life. His teachings, his
example, his memory will live with fam-
ily, friends, and as.sociates for many
years in the future. His influence in the
lives of children yet unborn will also be
felt through those whose lives have been
touched by him. In my opinion It can be
said of June Thayn as was said of Na-
thaniel of old. "Behold a man in whom
there is no guile."
Our love and sympathies are ex-
CXIX 35— Part 1
tended to his wife, Florian, and the other
members of his family, and may the
comforting hand and blessings of Al-
mighty God continue to abide with
them.
EXIT VISAS FOR SOVIET JEWS
(Mr. WHITEHURST asked and was
given permission to address the House
for 1 minute, to revise and extend his
remarks and include extraneous mat-
ter.)
Mr. WHITEHURST. Mr. Speaker, last
Friday, January 5. I had a remarkable
experience: I telephoned two Soviet
Jews in Moscow, Gregori Teitelbaum and
Victor Fairmark. Both of these men have
attempted to secure exit visas to Israel,
and both have been turned down by the
Soviet Government. Indeed, the very day
that I spoke to Mr. Teitelbaum, he had
been turned dowTi for the fourth time.
Not only have these men been refused
exit visas, but since they first applied
for them, they have been denied per-
mission to work. Both are highly tal-
ented individuals, and I am attaching
biographical sketches of them and of
their families.
The telephone calls were made pos-
sible by the United Jewish Federation
through the Norfolk, Va., director, Mr.
Richard Krieger. That we were able to
place the calls at all represents one of
the curious aspects of ambivalent Rus-
sian policy. It is a fact, however, that
the Soviet Union is practicing a virulent
form of anti-Senutism and engaging in
repressive measures against Soviet
Jewry.
Mr. Speaker, two generations ago Ger-
man Jewry suffered under a determined
and direct anti-Semitic policy and the
world kept silent. We can no longer close
our ears or our eyes to the plight of Jews
being persecuted.
There is little that we as Americans can
do directly to discourage the Soviet Gov-
ernment from its actions, but we can ex-
press our moral outrage to the world, and
our own Government can make known its
dissatisfaction by withholding certain
trade benefits which the Soviet Govern-
ment is anxious to receive.
I am supporting the Jackson-Vanik
measure, and I hope that my colleagues
will do the same. The voices I heard on
Friday cried out for help. I gave them
my pledge that we would not forget
them.
Background on Individuals Being Called
Gregori Teitelbaum Is a 49 year old Mos-
cow Jew who was born In 1923. He Is married
and has one son. His wife's name Is Tamara,
she Is 41, and their son Mlscha is 17% years
old.
Gregori has made application for visa to
Israel on four occasions and on each of these
occasions has been turned down, each time
for a different reason and each time for a
reason that Is not substantiated by the Con-
stitution of the U.S.S.R.
Gregori had worked as a photo Journalist
throughout Russia, both privately and for the
Russian Tours Bureau. He has published
three books telling photographic stories of
Russia. Included was a photo essay on Popov,
the star of the Moscow Circus travelling
through Moscow. That book sold over 200,000
copies.
Gregori was wounded during the second
World War while serving with the Russian
army and has a very noticeable limp. Be-
cause of this wound he Is receiving a pension
of 45 rubles a month. He supplements his
income by teaching Hebrew to members of
the Jewish community which brings him an
additional 40 rubles a month. Since his ini-
tial application for visa 2 years ago Gregori
has not held any employment In his profes-
sion.
With reference to the books that Gregori
had published, since his application for visa
he receives no further financial remuneration
for any sales.
Mlscha Teitelbaum Is currently attending
school in Moscow. This June, he was to start
at the university, however, because his fam-
Uy and he has applied for visa he wUl not be
permitted to attend the university but wUl,
Instead, be drafted into the army. Because
of the security ramifications of an individual
serving In the army this would prevent
Mlscha from emigrating to Israel, the United
States or any capitalistic country for the
next five years.
Their apartment has been searched on a
number of occasions.
Thev have been constantly questioned by
the KGB.
Their son will not be permitted to go to
a university.
They have little or no income in which to
maintain any type of living and must rely
on outside help to sustain themselves.
The cost payable to the Russian govern-
ment to permit them to leave the country
would be 2820 rubles for processing and
renouncing citizenship. 300 rubles for trans-
portation to Vienna, 500 rubles for packaging
and listing of what little they would be per-
mitted to bring out of the Soviet Union.
If they are charged an educational tax be-
cause of Gregorl's education it will be an
additional 18,000 rubles charge. Therefore,
the apparent cost of Gregori Teltelbaum's
flight to freedom when and If he is given
permission, will be $26,383.72.
victor FAIRMARK
Victor Is 31 years old. He lives In Moscow
with his wife, Gallna, who is 24 and their
Irena. who on January 14th will be 3.
Gallna had hoped to celebrate Irena's
third birthday in Israel. However, this will
be impossible.
Victor Palrmark was a graduate Physical
Chemist who had attended the Technical
Institute in Moscow for 5 years and had been
doing pKDst-graduate work on his Doctorate
when he applied for a visa on November 2,
1,971 to emigrate to Israel. On December 16th
of that year, for the first time, he was refused
by the Soviet government. Indicating he was
a skilled specialist and would not be per-
mitted to leave the country because his
speciality was essential to the government.
.\t the point of Victor's refusal, he was fired
from his Job as a Physical Chemist and put
out of the University, prior to his completing
his graduate studies.
Gallna. who had graduated from the In-
stitute of Foreign Languages, as an Interpre-
ter, was refused permission to work as an
interpreter or teacher of languages. Victor
was unemployed, and was forced to take a
Job as a cleaner In a laboratory or face im-
prisonment by Russia's parasite law. Victor
Fairmark was arrested twice. On Septem-
ber 19th, he was In prison In Moscow when
33 people were arrested during a meeting of
the Supreme Soviet Council. He was also
arrested on September 6th, when he along
with others protested at the Lebanese Em-
bassy, of the Munich Massacre.
Both Gallna and Victor have renounced
their Soviet citizenship and have requested
permission to become citizens of the State
of Israel.
346
CONGRESSIONAL RECORD — HOUSE
January 9, 1973
THE LATE HONORABLE MAURICE
THATCHER
'Mr. CARTER asked and was given
permission to address the House for 1
minute and to revise and extend his re-
marks and include extraneous matter.*
Mr. CARTER. Mr. Speaker, it was with
I great deal of sadness that I learned of
.he death of former Representative Mau-
rice Thatcher on January 6, 1973. He was
)ne of the kindliest, nicest, most percep-
:ive people I have ever known.
From 1910 to 1913, Maurice Thatcher
served as one of the seven members of
;he Isthmian Canal Commi-ssion ap-
x)inted to carry out the construction of
:he Canal. He served as U.S. Representa-
ive from Louisville, Ky., from 1923 to
1933. He was credited, while U.S. Repre-
icntative. with enactment of a measure
:reating in Panama the Gorgas Memorial
^boratory of the Gorgas Memorial In-
;tituie of Ti'opical and Preventive Medi-
■ine. During his service as head of the
Department of Civil Administration of
he Canal Zone, he was knowm as the
: 'one's civil Governor.
During his long life — he reached the
ige of 102 — he maintained an intense in-
erest in governmental affairs. He did
( onsiderable writing, and was a poet of
lenowm.
I include for the Record, Mr. Chair-
man, an article from the Washington
] 'ost concerning my friend and former
iriember. the Honorable Maurice
"hatcher:
(From the Washington Post, Jan. 7, 1973)
Ex-Rep. Maurice Thatcher, 102, Dies
(By Martin Well)
Maurice H. Thatcher, who helped super-
T Ise construction of the Panama Canal,
J erved five terms as a congressman from Ken-
t ucky and practiced law here until he was
lou years old. died here yesterday at 102.
Mr. Thatcher died In his home at 1801 16th
S t. NW., where he had been bedridden almost
c onstantly since suffering a fractured thigh
en July 15.
From 1910 to 1913, during the period of
f eak afctivlty, Mr. Thatcher served as one of
t le seften members of the Isthmian Canal
C omm;telon appointed to superintend and
c irrv (j-ut the construction of the Panama
Canal.'
In hB four years on the comcalssion, Mr.
1 hatcher headed the department of civil ad-
riinlstration of the Canal Zone, and was
known as the Zone's civil governor.
In recent years, he was reported to be the
1 LSt surviving member of the canal commis-
s on. the chairman of which had been Lt. Col.
C reorge W. Goethals, the celebrated Army
e agineer who brought the project to comple-
t on In 1914.
When Mr. Thatcher returned to Panama
li 1964 at the age of 95 to help mark the
cinal's 50th anniversary, he was hailed by a
lical newspaper as the "Grand Old Man of
t le Panama Canal. ".
While serving as a Republican congressman
f om Kentucky from 1923 to 1933, Mr.
1 hatcher continued to take an Interest in
t \e development of the canal and in the
V elfare of those who built and operated It.
As a member of the Appropriations Com-
n ilttee. he helped make available funds for
1) nprovements in the Canal Zone, and for
ainuitles for construction workers and other
c inal employees.
A ferry across the Pacific entrance of the
c inal, for which he obtained federal funds.
was named the Thatcher Ferry. The bridge,
dedicated in 1962 on the site of the ferry, was
named the Thatcher Ferry Bridge.
In addition, an Important highway in the
canal area was named for him.
Moreover. It was Mr. Thatcher who Is cred-
ited with enactment of the measure creat-
ing In Panama the Gorgas Memorial Labora-
tory of the Oorgas Memorial Institute of
Tropical and Preventive Medicine.
It was named for William Crawford Oorgas,
the Army doctor who helped make possible
the construction of the canal by destroying
the mosquitoes that carried yellow fever and
malaria. Mr. Thatcher and Dr. Gorgas served
together on the canal commission.
After closing his congressional career by
making an unsuccessful race for the Senate
in 1932, Mr. Thatcher went into the private
practice of law here In 1933.
On his 99th birthday, although his activity
had declined, he was still In practice, with
an office In the Investment Building at 15th
and K Streets NW.
"I don't eat meat," he told an interviewer
who was interested in his secrets of longevity.
"I eat vegetables, eggs and milk. I don't
drink, I don't smoke and I don't drink tea or
coJTee.
"Of course." he added, "You can't escape
meat altogether, meat products creep into
a lot of things."
Said Mr. Thatcher, who could still hear
well, read without glasses, and make himself
heard across a room:
"It's not a religious thing. I Just wanted to
live what I considered a sound, biological
life."
A slender, white-haired man with bushy
eyebrows, he said, "I Just noticed that the
smokers and chewers and drl:ikers had a hard
time qiflttlng when they wanted to.
"I Just quit early. I'm a good sleeper, al-
ways was, and I still get about eight hours'
sleep a night."
Mr. Thatcher was born in Chicago, and
grew up in Butler County, In the western
part of Kentucky. An official congressional
biography said that he "attended pubUc and
private schools; engaged in agricultural pur-
suits; (and) was employed in a newspaper
office and in various county offices."
His formal career In public life began at
the age of 22 when he was elected clerk of
the Butler County Circuit Court. He later
studied law, was admitted to the bar In 1898,
and became an assistant state attorney gen-
eral.
• After moving to Louisville in 1900, he be-
came an assistant U.S. attorney, and later
was named to what has been described as the
state's chief appointive office: state Inspector
and exaniner.
In thatf Job, he was credited with saving
thousands^ of dollars for the taxpayers and
with bringing about numerous needed re-
forms. He left it in 1910 to Join the Isthmian
Canal Commission. After leaving Panama, he
held municipal posts In Louisville before
being elected to Congress.
Ill addition to championing measures de-
signed to improve the canal, during his
House service Mr. Thatcher was responsible
for much other legislation. Including that
establishing Mammoth Cave National Park
in Kentucky.
In later years, when he interested himself
increasingly in the writing of poetry, he
memorialized the park In verse:
"Caverns Immense, wrought thru the end-
less ages:
What lessons for the human soul and mind!
The great Lord God, in those arresting pages.
Hath writ a matchless story for mankind . . .
iWhile In Congress, Mr. Thatcher was also
credited with writing legislation for federal
appropriations for Braille books and equip-
ment for the nations blind students.
In later years, besides serving as vice presi-
dent and general counsel of the Gorgas In-
stitute, Mr. Thatcher maintained contact
with his old colleagues by attending meet-
ings here of the Panama Canal Society
But, as he announced in 1958 at the group's
23d annual meeting, "the ranks are thin-
ning . . ."
Looking back on the occasion of his 99th
birthday, he told an interviewer: "I don't lav
any claims to a great career. But I've done
some useful things. I tried to be useful wher.
ever I was. whatever I did. I've lived a busv
and useful life." ''
His wife, the former Anne Bell Chlnn
died in 1960. '
LAIRD DID A TOUGH JOB WELL
I Mr. STEIGER of Wisconsin asked and
was given permission to address the
House for 1 minute, to revise and extend
his remarks and include extraneous
matter.)
Mr. STEIGER of Wisconsin. Mr
Speaker, in 2 weeks Melvin R. Laird will
end 4 years of productive service a.s Sec-
retary of Defense. A recent editorial in
the Milwaukee Journal noted the skill
with which Mel handled this most dif-
ficult assignment:
The Marshfleld (Wis.) native guided the
defense establishment during a remarkable
period of transition. It was one in which the
U.S. was pulling its land army out of the
war in Vietnam and diminishing Us expend-
itures there dramatically. It was one in which
the military — especially the Army — having
long been used to the crutch of the draft,
was forced to come to grips with the admin-
istration's drive for an end to conscription
and the birth of an all-volunteer military
force. . . . Laird was able to orchestrate this
transition, keep order and morale from
crumbling and rivalries from breaking out of
control — no mean task.
Mel Laird's tenure will best be remem-
bered for his attention to people-oriented
programs. His commitment to the vol-
unteer force provided the leadership
needed to convince the services that an
end to the draft was both feasible and
desirable. The recent elimination in
make- work assignments, improvement In
living conditions, creation of dynamic
training procedures, and the earnest re-
sponse to legitimate grievances for first-
term servicemen all reflect Mel's con-
cern for the dignity and value for
the individual soldier. His strong advo-
cacy of military pay reform ended the
use of conscription to force young men
to serve at poverty-level wages. His deep
commitment to equal opportunity—
which was reflected in the actions of his
service Secretaries and major command-
ers— led to the development of the most
comprehensive report ever undertaken
on the reform of military justice. He can
depart from Defense with the satisfac-
tion of knowing he has initiated a dra-
matic change in our approach to mili-
tary personnel policies.
I am sure that Mel's many friends in
this body wish him well in whichever
new endeavor he chooses. I know his for-
mer colleagues will be interested in the
assessment of his tenure by the Milwau-
kee Journal and the Milwaukee Sentinel,
and I insert these editorials in the Record
immediately following my remarks:
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
547
[From the Milwaukee Sentinel, Dec. l, 1972)
Laird's Legacy
Four years ago when Wisconsin's Melvin
E. Laird was nominated to be secretary of
defense, we expressed the view that his politi-
cal skill was precisely what was needed to
take over one of the toughest administrative
Jobs in world history.
Looking back on Laird's record as head of
the Department of Defer.se, we see i;otMng
to cause us to modify our original appraisal.
Laird was performed brilliantly.
His service has been ail the more impres-
sive because it was given at great personal
sacrifice. It is quite apparent that he didn't
wa'-it the job. To take it he had to give up
his 7th District seat in the House and the
position of power he had reached in Congress.
Sen. He.ry Jackso:i (D-Wash.) reportedly
was Richard Nixon's fir.^t choice for defer.se
secretary He wouldn't take the Job and so
the presldent-olect turned to Laird and
asked him. In effect, to interrupt his highly
successful legislative career and take on an
assignment that would by its nature mean a
lot of abuse and little thanks.
It is all too easy to forget the situation
that prevailed when Laird took office in early
1969. Dissent over the Vietnam War w^as
raging. A half a million youag Americans
were bogged down in the South Vietnam
quagmire a:-id b.ittle deaths were running be-
tween 200 and 300 a week.
Today, the number of American troops
there is a mere 27.000. Last week, for the first
time in seven years, there was not a single
American death, from combat or otherwise,
in South Vietnam.
This dramatic reduction of America's di-
rect military Involvement In the war is
credited to President Ni:<on. But the fact re-
mains thai the implementation of Nixon's
policy was carried out under Lairds direction.
It was Laird, with the help of another
Wisconsinite. Curtis W. Tarr. who made Viet-
namization work. Likewise, it was Laird,
again with the aid of Tarr, who put Into
effect the move away from the draft and to-
ward an all-volunteer armed force.
Running the defense establishment, of
course, involves a lot more than dealing with
the problems of the Vietnam War. Research,
development and procurement of weapons
is of tremendous Importance. In this area, the
Pentagon's relationship with Congress is
crucial, and Laird's firsthand knowledge of
the House and Senate was put to best pos-
sible use.
However, it was not with Congress alone
that Laird's political skill paid off. The les-
sons he learned in dealmg with the public
as a legislator paid off handsomelv in his
dealing with the public as defense secretary.
Few others, certainly no businessman with-
out political experience, could have been as
effective at picking his way through the polit-
ical minefields as Laird has been.
Laird's decision to leave his post after four
years Is in itself a mark of political wisdom.
It is time for a different leadership, one which
It Will be up to Elliot Richardson to provide
building on the sound base left by Laird.
Laird now looks forward to a few months
of well earned retirement from politics. It Is
hard to imagine him retiring from politics
permanently. This favorite Wisconsin son
still has a great future in public service.
(Prom the Milwaukee Journal, Nov. 30, 1972]
Laird Did a Tough Job Well
No one envies a secretary of defense. Ene-
mies line up fast. Effectiveness ebbs as a re-
sult. The trick Is to know when to get out
Melvin Laird wisely set his tenure at four
years and held to It. He steps down now with
a solid reputation Intact and an Impressive
list of accomplishments behind him at the
Pentagon.
The Marshfleld (Wis.) native guided the
defense establishment during a remarkable
period of transition. It was one In which the
U.S. was pulling its land army out of the war
in Vietnam and diminishing its expenditures
there dramatically. It was one In which the
military — especially the Army — having long
been used to the crutch of the draft, was
forced to come to grips with the adminis-
tration's drive for an end to conscription and
the birth of an all-volunteer military force.
The Laird era was one in which the Penta-
gon, accustomed to gold plate, also came un-
der Increasing congressional attack over the
cost of weapons. The defense establishment
had to make do with relatively static budg-
ets, in which increasingly larger portions
went for manpower costs rather than arms.
And the military had to accept the realities
of a strategic arms limitation treaty, which
left the L.S in an inferior position In num-
bers of launchers If not of nuclear warheads.
Sufficiency rather than superiority became
the theme.
Laira was able to orchestrate this transi-
tion, keep order and morale from crumbling
and rivalries from breaking out of control —
no mean task. In the process he had his
crosses to bear. As defense secretary he be-
came the lightning rod for much of the anti-
war criticism — though he was said to be pri-
vately counseling restraint at the White
House, and did not agree fully with the
president on such Issues as the Intensified
bombing of North Vietnam. He valiantly tried
to rationalize the military procurement sys-
tem while under attack for some inflated
weapon costs that stemmed from decisions of
the prior administration.
The Laird performance was not flawless,
of course. He still tended to see salvation in
more big strategic weapons. His definition of
sufficiency was on the conservative side. He
could never quite control his urge to get
back In the political arena, and his partisan
blasts at Democratic candidate McGovern's
"while flag, surrender budget" plan were
prime examples of his political pugnaclous-
ness.
In that sense, it was surprising that the
former Wisconsin congressman and Repub-
lican power In the House, a lover of politics
and political intrigue, took the defense Job
at the expense of his immediate political
career. He filled the post well.
A TRIBUTE TO ROBERTO CLEMENTE
< Mr. HEINZ asked and was given per-
mission to ^ddress the House for 1
minute, to revise and extend his remarks
and include extraneous matter. )
Mr. HEINZ. Mr. Speaker, Roberto
Clemente was a truly remarkable man,
an example and an inspiration, a man
for whom half-way was never enough.
He was a hero in every respect; on the
baseball field, where he personified team
spirit with the Pittsbm-gh Pirates for 18
illustrious seasons, and in his private
life, where this fiercely proud Puerto
Rican black commanded and deserved
the adoration and respect of people
around the w6rld.
Roberto Clemente was a humanitarian
first, an athlete second. It is both typical
and ironic that he should perish as he
did, aboard a plane involved in a mission
of mercy to aid the destitute victims of
the earthquake in Nicaragua. Where
others might pay lip service to such a
cause, Roberto Clemente had to go all
the way. It is the kind of man he was.
There has been a vast and impressive
outpouring of honors in his memory.
The Richard King Mellon Foundation
of my home city of Pittsburgh, citing
that "compassion is not weakness and
honor requires a constant effort," has
donated 8100,000 for the relief of the
Nicaragum quake victims.
This, and other contributions which
now total nearly a quarter of a million
dollars, are being channeled into the fund
started by President Nixon.
In addition to the Mellon Foundation
gift, other major contributions have been
received from the Pittsburgh Baseball
Club, Penguins Hockey Club, Pennsyl-
vania Governor and Mrs. Milton Shapp,
and the Pittsburgh Junior Chamber of
Commerce.
This money will aid both the South
American quake victims and the Youth
City Memorial Fund, a project .spear-
headed by Clemente during his life to aid
the youth of Puerto Rico.
Contributions may be cddiessed to the
Roberto Clemente Memorial Fund, in
care of the Pirates. Three Rivers Sta-
dium, Pittsburgh. Pa. 15212.
Throngs of fans have filled churches
and community centers a'l ovef* Pitts-
burgh this week to honor the memory
of this outstanding man.
Clemente 's Pirate teammates, two of
his former managers, Danny Murtaugh
and Harry Walker, "front office" rep-
resentatives, and others flew to Puerto
Rico in sadness to pay their final re-
spects.
One of his teammates. Manny Ssn-
guillen. did not attend the i-sland n;e-
morial service. He was aboard a dredg-
ing boat off the beach where crews still
search for Clemente 's body.
There are those who would argue that
Clemente, at 38. was in the twilight of his
professional career as a baseball super-
star, although many of us who saw and
cheered his incomparable performance
in the 1971 world series would strongly
disagree.
He, personally, looked forward to the
time when he could devote all his ener-
gies to working with the disadvantaged
youth of his native country.
Roberto Clemente will be enshrined in
baseball's Hall of Fame. He was only the
nth man in the history of the sport to
get 3.000 hits, and his lifetime batting
average on the field was .317, the highest
among active players.
But more important is that he batted
a thousand in his passion for humanity.
Indicative of Clemente's modesty was
his remark last September 30 at the
Three Rivers Stadium in Pittsburgh
when a standing ovaflon from the crowd
greeted the clubbing of that 3,000th hit:
I feel bashful when I get a big ovation. I
am really shy ... I never was a big shot and
I will never be a big shot.
To millions of persons, the powerful
and compassionate Roberto Clemente
was indeed a "big shot." a true folk hero
who gave of himself to help others, even
to the end.
NADER-DOUBLE STANDARD
(Mr. DEVINE asked and was given
permission to address the House for 1
548
I
CONGRESSIONAL RECORD — HOUSE
Jamm
^y 9, 1973
minute, to revise and extend his remarks
md include extraneous matter.)
Mr. DEVINE. Mr. Speaker. Ralph Na-
der, who holds himself out as an expert
an all subjects, and presumes to assume
a holier than thou attitude" seems to
run into personal difficulties from time
to time as was reported in the Montgom-
ery Advertiser. October 27, 1972.
How NADE31 Loves His Pttblic
(By Ralph De Toledano)
Ralph Nader would win no popularity con-
;est on Capitol Hill today. He Is deeply re-
iented not for the dull and empty paperback
3ls whiz kids wrote about the Congress but
■ather for the smug presumption with which
le set himself up as prosecutor, Judge and
ury of an Institution which on the while
las done quite well for the country — and
;hen chopped Its head off.
Congress has its faults, but It takes more
han three men on a typewriter to under-
tand and analyze them. Certainly, a beat-up
;et of cliches is no answer to congressional
)roblems.
But If Nader is unpopular on the Hill, his
lame Is mud in Quebec among the students
,nd alumal of Laval University — as well as
he civlc4wders of that city.
They are learning the hard way that those
,-ho speak loudest of the "peepul" are fre-
uentlf the first to administer a hard kick
o the gluteus maxlmus of the public. That
precisely what the apostle of consumerism
I lid to a group of his loyal followers.
This Is the story:
Three months ago, the Alumni Association
t Laval arranged with Grossman Publishers,
.•hlch put out Nader's disquisition on Con-
gress, for his appearance as a panelist in a
) neetlng devoted to consumer problems.
Nader wanted — and got — a contract which
cave him $3,500. all expenses, and a provision
ihat he would not be paid until 1973 so that
1 le could take advantage of one of those tax
! :lmmlcks he is always criticizing.
Delighted by Nader's magnanimity, Ludger-
; lalnt-Plerre, general director of the Alumni
i ssociation. Joined with local consumer
I roups in an expensive promotion campaign.
1 irepared background material for the panel-
ts and the audience, hired French-English
i imultaneous translators, and equipped two
< ampus halls with closed circuit TV to ac-
tommodate the anticipated overflow crowd.
They plannedn-o make it the big event on
1 -aval's — and perhaps Quebec's — year. But at
1:30 of the day Nader was to appear, one of
his "representatives" called to say that the
1 lonored speaker was too busy to be In Que-
l«c.
Financial Institutions Minister William
' retley, who was scheduled to be one of the
jianellsts. offered to send the Quebec Prov-
1 nee government's Jet plane to pick up Nader
\ Washington and fly hlrn back. No way,
4ald Nader.
The sponsors of the meeting offered to set
p a two-way telephone hook-up between the
iuditorlum and Nader's office. Still no way,
iald Nader. He was too busy.
He wouldn't even come to the phone. Still
he sponsors could not believe that he would
I ,ct in such bad faith as not to show up at
Ml.
But at 2:30— with Quebec's Mayor Giles
,ainontagne and Pierre Marols, head of a
10,000-member consumer organization, walt-
ng on the stage — It became all too obvious
hat.^2Iader was not going to honor his con-
AS'the audience left, there were hand-let-
-»_^ ered picket signs, borne by students, which
ead: "Ralph Nader explolte les consomma-
eurs" — Ralph Nader exploits the consumers.
nd Saint -Pierre, sp>eaklng for the alumni
I eld angrily, "We went severEd thousand dol-
ars In debt publicizing the visit.
"We agreed to all his terms and at the last
minute, he Just set us aside with a sweep of
his band. He used to be our guardian angel,
but now he's a devU."
But let's not be carried away. A man who
is busy telling the President of the United
States off, Instructing the Congress how to
run its affairs, and excoriating American
business and industry, can't be expected to
honor his commitments.
He can't be expected to worry about the
time, the money, and the enthusiasm ex-
pended by a bunch of Canadians.
Even though the Quebec meeting was set
for a Saturday afternoon — a time when the
wheels of government grind not at all In
Washington — Nader had too many other
things to do. This exceedingly ambltloua
young man may have scheduled his time for
another wheel — the one at which he grinds
his axes.
All of which proves the point that HJ^
Mencken made many years ago, many times
and In many ways. Watch out for the
moralist.
Mencken stole the thought from Mark
Twain, who had the keenest eye for the
phony In all of American letters.
The Laval alumni are planning to slap a
lawsuit on Nader, and then we will really
hear his pious outcries.
'\1
3 CKn&l Zc
THE LATE HONORABLE MAURICE
THATCHER
• Mrs. SULLIVAN asked and was given
permission to address the House for 1
minute, and to revise and extend her re-
marks and include extraneous matter.)
Mrs. SULLIVAN. Mr. Speaker, the
death of former Congressman Maurice
H. Thatcher of Kentucky on Saturday at
the age of 102 severed our last remain-
ing link with the men who directed the
achievement of one of the greatest en-
gineering triumphs of mankind, the
construction of the Panama Canal.
As chairman for 14 years of the Sub-
committee on the Panama Canal of the
House Committee on Merchant Marine
and Fisheries, from 1&57 to 1971, I came
to know and love Maurice Thatcher as a
man of great compassion, understanding,
and humaneness. He worked indefati-
gably, even through his 10th decade of
life, in behalf of the thinning ranks of
men and women who had risked their
lives and health working in the Canal
Zone during the years when the canal
was being constructed. He was the
spokesman for the Roosevelt Medal hold-
ers and also, in numerous ways, for the
West Indian and other noncitizen con-
struction workers who had been recruit-
ed for the hard tasks of building the
great waterw-ay which linked the At-
lantic and Pacific Oceans for the benefit
of world commerce.
He came to see me often to urge con-
gressional action in behalf of the aged
and often impoverished veterans of the
canal construction period, and he was a
most persuasive advocate in a humane
cause. Mr. Thatcher himself was a man
who loved humanity, as expressed in the
many poems he wrote throughout his
later years.
It was his concern for the problems of
Panamanian citizens in getting from one
part of their country to another, across
the canal, which led to the establish-
ment of the Thatcher Ferry when he was
the Governor of the u-^ai lione as the
member of the Isthmian Canal Commis-
sion assigned to head the Department of
Civil Administration. Many years later
when the high-level bridge was con-
structed across the canal, it was most
appropriately named the Thatcher Ferry
Bridge. Stamp collectors are familiar
with that bridge as the subject of one
of the most famous stamp errors mads
by the Bureau of Engraving and Print-
ing, but everyone who is famiaar with
the early history of the canal thinks of
it as a monument to one of our finest
public servants.
Although advanced age kept him dur-
ing the past several years from continu-
ing his many visits to Capitol Hill, where
he served for 10 years as a Member of
this House, Mr. Thatcher reached and
passed his 100th birthday with a spirit
01 youthfulness and zest for life, and
shall be remembered with much affection
by all of us who knew him.
THE YOUTH CAMP SAFETY ACT
<Mr. DOMINICK V. DANIELS asked
and was given permission to address the
House for 1 minute and to revise and
extend his remarks and include extrane-
ous matter.)
Mr. DOMINICK V. DANIELS. Mr.
Speaker, on November 4, 1971, during
the debate on the Youth Camp Safety
Act three Members of this body stood in
the well and said:
Certainly there Is a need for safety In youth
camps, but . . .; We all favor health and
safety. I am sorry for every loss or accident —
yes, even Illness In campers, but . . . ; Cer-
tainly anyone who has had children In camp
or anyone who has had anything to do with
the camps would want to do everything to
protect the safety and health and life of any
child. We all agree on that . . . There is not
a man or woman in this Chamber who would
vote against saving the lives of children.
But
Mr. Speaker, the key word is "but."
because all of these Members voted
against a bipartisan Camp Safety Act
that would have put minimum Federal
standards into law. What they did vote
for was a study of camp conditions, a
familiar stall tactic. We know that no one
can stand on the floor of this House and
be opposed to safety without risking great
censure. So what really differentiates
those who are committed to healthful
conditions is what they are willing to do
to guarantee protection to our Nation's
young campers.
On that day 184 Members v.ent on
record against Federal safety standards
and for a camp study. I did not then, nor
do I intend now to give up the goal of
minimum safety and health requirements
for recreational camps in all States. I am
convinced that the need is clear. Iron-
ically, the Occupational Safety and
Health Act grants safe work conditions
to camp counselors and employees, but
the children, those most vulnerable, are
without protection.
My subcommittee will hold hearings
again this Congress, and I pledge at this
time that any group who desires to be
heard will be given the opportunity.
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
549
Many sad stories were brought to the
committee's attention during hearings in
the 90th, 91st. and 92d Congresses. A dra-
matic example occurred last year in Cal-
ifornia when a camp rented an open flat-
bed truck for an outing; 62 children and
eight counselors were aboard with an in-
experienced driver when the truck somer-
saulted on an expressway killing five per-
sons and injuring the rest. Children are
literally at the mercy of those supervis-
ing them. If those supervisors are in-
competent, the children suffer too, and
there are no mandatory qualifications for
these employees to be measured by. A
look at State laws reveals that:
First, 26 States have regulated only
the sanitation of youth camps;
Second, only 15 States have any form
of safety legislation;
Third, only three or four States have
qualifications regarding personnel; and
Fourth, 24, or nearly half the States,
have relatively little or no camp regula-
tions.
A host of voluntary standards have
been developed by such organizations as
the American Camping Association, the
Boy Scouts of America and the Easter
Seal Society. While these groups are to be
commended for their efforts even they
testify that without statutory enforce-
ment and sanctions, there could be no
reduction in deaths and injuries.
The rejection of the Youth Camp
Safety Act did not prevent the subcom-
mittee from writing to the 50 Governors
a.sking them to move to strengthen their
own laws. My own State of New Jersey is
actively working to pass a proposal simi-
lar to the one the House defeated, but to
date, not one State has actually enacted
any similar measures.
Until there is adequate minimum pro-
tection for these youngsters, I intended to
remind my colleagues continually of this
need. For your information I have in-
serted the bill and a section-by-section
analysis of its provisions:
Section-by-Section Analysis of Youth
Camp Safety
SECTION 1
This title may be cited as the "Youth
Camp Safety Act."
SECTION 2 — STATEMENT OF PXTRPOSE
To protect the youth attending day camps,
resident camps and travel camps by estab-
lishing Federal standards, and to provide
Federal assistance to the States to develop
their own programs.
SECTION 3 DEFINITIONS
Defines: youth camp (travel camp), youth
camp safety standards, youth camp operator.
Secretary, and State.
SECTION 4 GENERAL DUTY
Provi<Jes that each youth camp operator
shall furnish to each camper safe and health-
ful conditions, facilities and equipment
which are free from recognized hazards that
are causing, or are likely to cause, death.
serious Illness or serious physical harm, and
adequate supervision considering conditions
existing In nature.
SECTION 5 — PROMTTLGATION OF YOUTH CAMP
SAFETY STANDARDS
Provides that the Secretary shall promul-
gate youth camp safety standards In con-
sultation with State officials and with rep-
resentatives of public and private organiza-
tions.
SECTION 6 — STATE JURISDICTION AND STATE
PLANS
Provides that any State wishing to assume
responsibility for development and enforce-
ment of youth camp standards shall submit
its own plan which shall be approved by the
Secretary of Health, Education, and Welfare
If It contains the following conditions:
(1) Designates a State agency for admin-
istering the plan.
(2) Provides for development and enforce-
ment of standards at least as effective as
Federal standards.
(3) Provides for the enforcement of the
standards developed tmder paragraph (2)
in all youth camps In the State which are
operated by the State or Its political sub-
divisions.
(4) Provides for an Inspection of each camp
at least once a year during a period the camp
is in operation.
(5) Provides for an advisory committee to
the State agency.
(6) Provides a right of entry.
(7) Provides satisfactory assurances of
qualified personnel for enforcement.
(8) Assures adequate funds for adminis-
tering and enforcement.
(9) Provides that the State agency will
make information and reports available to
the Secretary,
(10) Provides that State funds wiU be ade-
quate to meet the cost of carrying out the
plans.
( 11 )i Provides for adequate fiscal control
and acCTjunting procedures.
If the Secretary rejects a State plan^tmust
be on the basis of substantial evldence.^fid"
a State may obtain a hearing and judicial
review.
SECTION 7 GRANTS TO STATES
Provides that the Secretary may make
grants to States which have in effect ap-
proved plans. No such grant may exceed 80
percent.
There is authorized to be appropriated for
fiscal year 1973 and each of the five succeed-
ing fiscal years such sums as may be neces-
sary to make these grants.
SECTION 8 ENFORCEMENT BY SECRETARY;
CITATIONS
The Secretary shall be responsible for en-
forcement in States which do not have State
plans and in travel camps.
Provides for the Secretary to issue regu-
lations giving citations for violations of the
general duty and standards. In addition, the
Secretary may prescribe procedures for de
minimus violations.
SECTION 9 INSPECTION. INVESTIGATIONS, AND
RECORDS
Provides the Secretary with the right of
entry and inspection of youth camps.
Provides the Secretary with right of sub-
poena.
Provides for annual reporting of all acci-
dents resulting in death. Injury and illness,
other than minor Injuries which require only
first aid treatment. loss of consciousness, re-
striction of activity or motion or premature
termination of the camper's term at camp.
Reports are to be filed with the State and
from the State to the Secretary of Health,
Education, and Welfare.
The Secretary shall include these statistics
in an annual report to the President and
Congress.
SECTION 10 PENALTIES
(a) F>roiidcs that willful or repeated vio-
lators may be assessed up to $2,500 for each
violation.
(b) Provides a penalty of up to $1,000 for
a second or subsequent citation for a serious
violation.
(c) For failure to correct a violation within
period permitted, a civil penalty of $500 may
be assessed for each dav the violation con-
tinues or until the camp closes In Its normal
course of business.
(d) Defines "serious violation." A serloiK
violation shall be deemed to exist in a youth
camp if there is substantial probability that
death or serious physical harm could result
from a condffion which exists, or from o:ie
or more practices, means, methods, opera-
tions, or processes which have been adopted
or are in use. in such camp, unless the oper-
ator did not, and could not with the exercise
of reasonable diligence know of the presence
of the violation.
SECTION H PROCEDURES TO COUNTERACT IM-
MINENT DANGERS
Provides the U.S. district court with Juris-
diction upon petition of the Secretary to re-
strain any condition or practice that could
rea-sonably be expected to cause death or
serious physical harm Immediately or before
the Imminence of such danger can be elim-
inated through the enforcement procedures
otherwise provided in this act.
SECTION 12 VARIATIONS
Provides for variation procedures upon
application by a camp owner showing extra-
ordinary circumstances or undue hardship,
and after a field inspection.
SECTION 13— TRAVEL CAMPS
Provides that all travel camps shall reg-
ister annually with the Secretary and list
a description of the camp's Itinerary, equip-
ment and personnel.
SECTION 14 FEDERAL RECREATIONAL CAMPS
Provides that the Secretary shall develop
safety standards to govern the operation of
Federal recreational camps.
A Federal recreational camp Is a camp or
campground which is located on Federal
property and Is operated by. or under con-
tract with, a Federal agency to provide op-
portunities for recreational camping to the
public.
SECTION 15-
-ADVISORY COUNCIL ON YOUTH
CAMP SAFETY
Establishes in the Department of Health,
Education, and Welfare, an Advisory Council
on Youth Camp Safety.
The council shall consist of a chairman
and nine members appointed by him.
Provides that the Secretary shall appoint
special advisory experts to carry out the
functions of the council.
SECTION 16 ADMINISTRATION
(a) Provides for a yearly report to the
President and Congress on the administra-
tion of the act.
(b) provides for coordination of statistics
between the Secretary of HEW and other
agencies.
(c) provides that the Act shall not re-
strict, determine or Influence the curriculum,
program or ministry of any youth camp.
(d) provides that the Act shall not au-
thorize or require medical examination. Im-
munization, or treatment for those who ob-
ject on religious grounds, except where such
Is necessary for the protection of the health
and safety of others.
SECTION 1 7 — AUTHORIZATION
In addition to the amounts authorized In
section 17. such sums as may be necessary
are appropriated for fiscal year 1973 and each
of the five succeeding fiscal years.
SECTION 18 — EFFECTIVE DATE
The title shall take effect 00 days after the
date of enactment.
BILL TO ESTABLISH POLICY AND
PRINCIPLES RELATING TO BENE-
FIT-COST RATIOS
I Mr. 'WRIGHT asked and was given
permission to address the House for 1
550
ranute and to revise and extend his re-
narks and include extraneous matter.)
Mr. WRIGHT. Mr. Speaker, today I
im introducing a bill to establish policy
ind principles for planning and evaluat-
ng flood control, navigation, and other
vater resource projects and the u^e of
vater and related land resources. This
)ill would set forth clear standards of
ruidance for benefit-cost determinations
)y the agencies involved.
The methods of determining benefit-
:ost ratios have never been clearly
Impelled out by Congress and as a con-
1 equence they have been subject to whims
ind changes within the administrative
>ranch. There has been no clear con-
inuity of policy. Recently an executive
: ecommendation was^ade by a presi-
iential commission which, if administra-
ively implemented, would put an abrupt
lalt to the river basin development proj-
itcts as we have known them in this
country.
It seems to me that it is high time for
I :;on?;ress to reassert its own historic pre-
1 ogatives in determining the rules for
;valuating water resources projects, and
: invite the careful attention of all of our
( olleagues to this bill.
I eanie.stly believe that it merits gen-
(ral support.
CONGRESSIONAL RECORD — HOUSE
I do not think, as some, that this wiU
open the door for the distribution of sur-
plus commodities to all other service or-
ganizations since the legislation specif-
ically calls for such agencies to be des-
ignated by the Secretary of Defense for
groups who assist, entertain, and pro-
vide recreation for American servicemen.
In my mind, this can only be the
USO — the measure of American's com-
monsetise concern for its servicemen.
SURPLUS FOOD TO USO
Mr. PICKLE asked and was given
Permission to address the House for 1
iiinute. to revise and extend his re-
iharks.)
Mr. PICKLE. Mr. Speaker, I am intro-
ducing legislation that would permit the
I se of surplus food commodities of the
U.S. Department of Agriculture to be
I .sed by American servicemen through
WSO installations.
I am sure that nearly all our col-
leagues are aware of the important role
t le United Service Organization plays in
t le lives c^f our military, particularly the
qnlisted man.
My bill seeks to allow USOs the right
^ become eligible for USDA surplus
f 3od commodities if they are designated
qv- the Secretary of Defense.
Madison, Alexander Hamilton, John
Jay — the authors of the Federalist
I'apers — were all of a mind that the
f rst necessity of legitimate government
i to provide for the common defense.
' "he circumstances that endanger the
safety of a nation are infinite.
Throughout our history, this Nation
Has raised armies to defend freedom. In
I le course of our conflicts, young men
I ave been uprooted from their homes
and communities to answer country's
ctll.
In the past military conflicts, the USO
l^as accompanied these troops to the bat-
efronts and to the garrisons. They have
di-ovided a recreational and spiritual up-
1 ft for servicemen away from their
Homes.
The average USO, a nonprofit, service
ok-ganization, runs on a shoestring budg-
e ;. I am hopeful that enactment 'of the
liglslation I propose will offer a wider
variety of nourishment in these homes
a way from home.
ANNUAL REPORT OF OFFICE OF
ALIEN PROPERTY, DEPARTMENT
OF JUSTICE— MESSAGE FROM THE
PRESIDENT OF THE UNITED
STATES
The SPEAKER laid before the House
the following message from the President
of the United States; which was read and,
together with the accompanying papers,
referred to the Committee on Interstate
and Foreign Commerce:
To the Congress of the United States:
In accordance with section 6 of the
Trading With the Enemy Act, I herewith
transmit the annual report of the OfiBce
of Alien Property, Department of Justice,
for the fiscal year ended June 30, 1971.
Richard Nixon,
The White House, January 9. 1973.
SIXTEENTH ANNUAL REPORT ON
TRADE AGREEMENTS PROGRAM-
MESSAGE FROM THE PRESIDENT
OF THE UNITED STATES iH. DOC.
NO. 93-41)
The SPEAKER laid before the House
the following message from the Presi-
dent of the United States; which was
read and, together with the accompany-
ing papers, referred to the Committee on
Ways and Means and ordered to be
printed :
To the Congress of the United States:
In accordance with Section 402<a) of
the Trade Expansion Act of 1962, I
transmit herewith the Sixteenth Annual
Report of the President on tfie Trade
Agreements Program. This report covers
developments during the twelve months
ending December 31, 1971.
That year marked an historic turning
point in international economic rela-
tions. Deepening crises in the spring and
summer of 1971 dramatized the obsoles-
cence and inequity of the rules and
mechanisms developed at the end of
World War II. Against this background,
the Administration announced in August
a series of measures designed in part to
prevent further damage to the United
States economic position. More' funda-
mentally, actions were taken to open the
way for reforming the world trade and
monetary systems through multilateral
cooperation.
Concurrently with monetary consulta-
tions which led to the Smithsonian
Agreements in December of 1971, the
Uni-ed States opened bilateral discus-
sions with our major trading partners.
These discussions yielded valuable re-
ductions during 1972 in a number of for-
January 9, 1973
eign barriers to our exports. Even more
significant, however, was the conclusion
reached among the United States the
European Community and Japan that
permanent solutions could only be found
through broad-based negotiations. The
result of the discussions was an agree-
ment to work actively for the opening in
1973 of a new round of comprehensive
negotiations involving all elements of
trade policy.
The nations of the world now have the
opportunity to open a new era of inter-
national relations characterized by nego-
tiation rather than confrontation across
the whole range of foreign policy issues
Our key objectives in reform of the
international trading system are to re-
duce existing tariff and nontariff bar-
riers afifecting agricultural as well as
industrial products, to establish new
rules for the fairer conduct of world
trade, and to open new opportunities for
the poorer nations to earn the foreign
exchange required for their develop-
ment. Such far-reaching goals can be
achieved only within a framework
which provides for the equitable shar-
ing of benefits and responsibihties and
which includes a safeguard system that
allows time for industries adversely af-
fected by foreign competition to adjust
to shifts in trade patterns.
Proposals which will enable the
United States to negotiate effectively
are now under intensive study in the
executive branch. In the coming
months, the Administration will be
working closely with members of the
Congress to determine how we can best
meet the challenges and seize the op-
portunities which lie ahead.
I am confident we will be able to
establish a new international economic
framework within which trade can ex-
pand on an equitable basis for all par-
ticipants— contributing to peace and
prosperity for all nations of the world.
Richard Nixon.
The White House, January 9. 1973.
COMPARABILITY ADJUSTMENT FOR
FEDERAL STATUTORY PAY SYS-
TEMS—MESSAGE FROM THE
PRESIDENT OF THE UNITED
STATES (H .DOC. NO. 93-40 >
The SPEAKER laid before the House
the following message from the Presi-
dent of the United States; which was
read and, together vidth accompanying
papers, referred to the Committee on
Post Office and Civil Service and ordered
to be printed with illustrations:
To the Congress of the United States:
In accordance with the provisions of
section 5305 of title 5, United States Code,
I hereby report on the comparability ad-
justment I have ordered for the Federal
statutory pay systems in January 1973.
The American system of career civil
service is based on the principle of re-
warding merit. As President I have a
special appreciation of the contribution
that the service makes to our Nation,
and I am pledged to continue striving to
make it an even more effective, respon-
sive part of our Government. One way of
Januanj 9, 1973
CONGRESSIONAL RECORD — HOUSE
551
achieving this is to maintain a salary
scale for civil servants that is just and
comparable to that received by equiv-
alent individuals in the private sector.
The adjustment I have ordered is based
on recommendations submitted to me by
the Director of the OflQce of Manage-
ment and Budget and the Chairman of
the Civil Service Commission, who serve
jointly as my "agent" for Federal pay.
Their report, which is enclosed, compares
Federal salaries with average private en-
terprise salaries as shown in the 1972
National Survey of Professional, Admin-
istrative, Technical, and Clerical Pay,
and recommends a 5.14 percent increase
in Federal salaries in order to achieve
comparability with the private sector.
The report of the Advisory Committee
on Federal Pay, which I appointed under
the provisions of section 5306 of title 5, is
also enclosed. The Advisory Committee
generally agreed with the recommenda-
tions of the Director of OMB and the
Chairman of the Civil Service Commis-
sion and endorsed their plans for studies
and further refinements in the pay com-
parison process. However, the Advisory
Committee also recommended that in
addition to the 5.14 percent increase, an
extra pay adjustment of approximately
.36 percent be granted to make up for the
three-month delay of this pay adjust-
ment that was necessitated this year by
the Economic Stabilization Act Amend-
ments of 1971. Since such an increase
would result in paying Federal employees
higher salaries than comparable private
enterprise employees as shown by the an-
nual Bureau of Labor Statistics Survey,
I have concluded that such additional in-
crease would be neither fair nor
justifiable.
Also transmitted is a copy of an Execu-
tive order promulgating the adjustments
of statutory salary rates to become effec-
tive on the first day of the first pay period
beginning on or after January 1, 1973.
Concurrent with the issuance of this
Executive order adjusting pay for civil
servants, I have also signed an Executive
order providing a pay increase of 6.69
percent in the basic pay of members of
our uniformed services. This Executive
order complies with section 8 of Public
Law 90-207 <81 Stat. 654), which pro-
vides that whenever the rates of the Gen-
eral Schedule of compensation for Fed-
eral cla.ssifled employees are adjusted up-
wards, there shall immediately be placed
into effect a comparable upward adjust-
ment in the basic pay of members of the
uniformed services.
Richard Nixon.
The White House, January 9, 1973.
THE NEED FOR MILITARY
SUPERIORITY
fMr. ASHBROOK asked and was given
permission to extend his remarks at this
point in the Record and to include extra-
neous matter.)
Mr. ASHBROOK. Mr. Speaker, the
New York Daily News of January 2 of
this year carried a very sobering item by
Its veteran columnist, Jerry Greene, on
the Soviet Union's ever-expanding
armament program. In addition to citing
intelligence reports that the U.S.S.R. is
now building its first aircraft carrier, he
points out, among other things, that
American sources believe that the Soviets
have twice tested in the Pacific the SSN-
8 missile with a "startling distance" of
4,000 miles. Also under development is a
successor to the huge SS-9 ICBM, a new.
smaller rocket to replace the SS-U
which is comparable to the U.S. Minute-
man and a new swing-wing supersonic
bomber similar to our B-1 bomber which
is now under initial construction in this
countr>'.
These new Soviet developments should
be of interest especially to those Ameri-
can citizens who believe that the United
States should strive to have and hold
military superiority over the U.S.S.R. In
a poll taken last year by Opinion Re-
search Corp.. of Princeton. N.J., for the
American Security Council, a long estab-
lished and highly competent private or-
ganization in the field of national de-
fense, 68 percent of respondents replied
"yes" to the question: "Do you believe
that the United States should have a
policy of military superiority over
Russia?" Furthermore, the poll found
that, in the event that Russia did estab-
lish superiority, 56 percent would be will-
ing to spent $20 billion more each year
to regain the lead.
Tlie information cited by Columnist
Greene should help to dispel any
euphoria resulting from the SALT agree-
ments. Although the agreements do in-
hibit to some degree what we can
advocate in specific weapons systems,
still they do not deny to the United States
the right to hold a margin of strategic
advantage in bombers, mobile missiles,
sub-launched cruise missiles, and orbital
bombardment systems. Neither do they
prohibit qualitative superiority in our
weapons.
To counteract the expanding Soviet
militai-y program, the administration
supports the B-1 and Trident programs
to insure that 1977 does not find us with
no avenue of recovery if the Soviets fol-
low form and utilize SALT I as a means
of gaining further advantage over the
United States.
Laslfyear, to explain the military situ-
ation more graphically, the Institute for
American Strategy, in cooperation with
the American Security Council, the Cen-
ter for Strategic and International
Studies of Georgetown University and
Jane's Fighting Ships, produced a docu-
mentary film on the shifting balance of
military power between the United
States and the U.S.S.R., entitled "Only
the Strong." Using Soviet film footage of
some Soviet weapons in action, the film
presented views on our military posture
by such experts as Dr. Edward Teller,
the nuclear physicist; Foy Kohler, for-
mer Ambassador to the U.S.S.R.; Gen.
Bruce Holioway, former commander in
chief of our Strategic Air Command;
G«n. Seth McKee, commander in chief
of the North American Air Defense Com-
mand; Norman Polmar, U.S. editor of
Jane's Fighting Ships; George Cham-
pion, former chairman of Chase Manhat-
tan and member of the President's Blue
Ribbon Defense Panel and Gen. Lyman
Lemnitzer, former Chairman of the
Joint Chiefs of Staff. Needless to say.
these experts in both the military and
political fields issue grave warnings con-
cerning our military posture vis-a-vis the
U.S.S.R. Dr. Teller summed up the situ-
ation best when he stated: "We are not
prepared."
It is encouraging to learn that the
film. "Only the Strong," for instance,
has been shown on over 350 TV stations
throughout the country with the total
numbers of viewers numbering in the
millions. Private organizations have also
made the film available, and the total
number of viewers via this route would
be difficult to estimate. The Institute for
American Strategy of Boston,, V*., cer-
tainly has done its share in emphasizing
the urgent need for military superiority
of the United States in its confrontation
with the U.S.S.R.
I submit at this point the informative
column by Jerr>' Greene from the New
York Daily News of January 2, 1973:
Soviets Building P*irst Flattop and
Flexing Its Missiles
(By Jerry Greene)
Washington, January 1. — Intelligence re-
ports here provide conclusive evidence that
Russia Is now building her first aircraft car-
rier, and, since the signing of the strategic
arms limitation treaty last May, has pushed
the Soviet armament program vigorously,
without letup in money or momentum.
The carrier has been under observation
since the keel was laid, but analysts were un-
certain for a long time just what type of ship
would evolve. Now it has become evident
the vessel is a true flattop, about the size
of a tr.S. medium carrier (such as the 52,000-
ton Franklin D. Roosevelt) equipped to han-
dle fixed-wing aircraft. Previously, the Rus-
sian navy had only two helicopter-cruisers.
It is almost that time of year, of course,
for the annual sighting of Russian subma-
rines ofif our shores and the grave Pentagon
nuclear warnings that inevitably come along
when the military budget is sent to Congress.
We thought we'd Jump the gun a trifle
and take a look at the prospects under daUy
study by the Joint Chiefs of Staff and re-
port such facts as are at hand, without re-
gard to budgetary processes and arguments.
The Russians have been adhering strictly
to the terms of the Salt treaty, and to the
interim agreement signed by President Nixon
and Soviet Party boss Leonid Brezhnev freez-
ing offensive weapons. Bnt they have by all
counts been doing all that the pacts allow.
They are building "several" additional
cruisers: our sources wouldn't give the exact
number. The ships are missile-armed. They
are continuing the prodtictlon of "Y" class
nuclear missile submarines at the rate of
nine or 10 a year.
This Y class normally has 16 launching
tubes, similar to our Polaris submarines.
However, there is fresh evidence that the Rus-
sians are buUding an improved version of the
Y submarines with 12 larger missile tubes,
designed for a new and more pyowerful ICBM.
The American experts say the new missile
is the SSN-8, comparable to the U.S. Navy's
Poseidon.
It was the SSN-8 that the Russians tested
twice last month in the Pacific, firing the
warheads the startling distance of 4,000 mUes
to an impact area north of Midway Island.
This missile is reported here to be "nearly
deployable"; our people simply do not know
whether it is now equipped with ^aRV, or
even MRV.
The MIRV Is the "multiple Independently
targeted reentry vehicle" which we have and
we don't think the Russians have yet; the
MRV is the multiple warhead, not indl-
bo2
CONGRESSIONAL RECORD — HOUSE
•Idually aimed but fired with a sort of shot-
gun effect, which the Soviets do have In
«rvlce.
TEST A BIG ICBM
We have learned that the Soviet scientists
lave been testing a new large ICBM. de-
I Igned as a successor to the huge SS-9, as
(■ell as a new, smaller rocket to replace the
53-11, which Is comparable to the U.S.
tllnuteman.
Russian airmen have completed develop-
nent of the "Backfire," the NATO Identlflca-
lon assigned to a new swlng-wlng supersonic
>omber, about the same class as the B-1
)omber now under Initial construction in
his country.
In the fighter aircraft line, Russia l.s push-
ng the deployment of the Foxbat. which Is
lescrlbed here simply as the world's best
I ombat aircraft. A couple of these planes have
I )een spotted flying around the Suez Canal
I irea. with the Israeli air and mlssUe forces
' inable as yet to knock one out of the skies.
For their ground forces, the Soviets are
>roduclng newly designed artillery and tanks.
The sprdld details will be laid before com-
nlttees of Congress beginning next month.
vhen the Pentagon will be accused of trying
! care tactics once more, this time to obtain
approval of an $80 billion budget for fiscal
974. And a stem-winding battle will flare
mmedlately over powerful efforts to cut
Jack, not Increase, defense spending. This
ight will rage for months.
OFFER AN EXPLANATION
Perhaps the new Salt talks will lead toward
I :reaier restrictions on armaments; maybe the
legotlators can help save the world from
nuclear burning. But we ran across an Item
n the January Issue of the prestigious msiga-
: ;lne Foreign Affairs which offers explanations
of the arms race, and raises doubts about
indlng It.
The author was Michael Howard, a fellow
n higher defense studies at Oxford Unl-
•erslty.
"It Is a somber thought," Howard wrote,
that, at a time when so large a proportion of
1 he human race remains near starvation level,
ibout 6'^c of the world's resources, or some-
hing under 3200 billion. Is still being devoted
o military expenditure, with no serious
Ikellhood of this situation fundamentally
■hanging during the remainder of this cen-
ury.
'Social scientists will continue to seek
laslc causes In the hope of offering total
olutlona. but at the political working level,
he explanation Is simple enough. Any sov-
Telgn state . . . may have to use or indicate
ts capacity and readiness to use force ... to
jrotect .itself against coercion by other
itates.^ . . ."
Russian missile submarines today are con-
iuctlng operational patrols off both East and
IVest coasts of this nation.
APPOINTMENTS AS MEMBERS OF
HOUSE OFFICE BUILDING COM-
MISSION
The SPEAKER. Pursuant to the pro-
ifislons of title 40, United States Code,
sections 175 and 176. the Chair appoints
;he gentleman from Massachusetts fMr.
D'Neild . and the gentleman from Mich-
gan (Mr. Gerald R, Ford), as members
if the House Office Building Commission
;o serve with himself.
IN MEMORY OF PRESIDENT HARRY
S TRUMAN
The SPEAKER. Under a previous order
of theuHouse. the gentleman from Mis-
souri ^Mr. Randall) Is recognized for
60 minutes.
Mr. RANDALL. Mr. Speaker, on De-
cember 26, 2 weeks ago today, my neigh-
bors in Independence, the people of Mls-
soiu^i, all Americans, as well as all the
people in the free world, were bowed in
sorrow and grief when they heard the sad
news of the passing of former President
Harry S Truman.
Today, here in the great hall of the
House of Representatives, we have an
oppoitimity to pause once again to pay
tribute to this great American. Many
Members who are here in the House
served in Congress when Mr. Truman
was President.
For some of the other Members he will
be remembered as one. who in 1948 as he
traveled across America, took time from
his own desperate campaign to help by
saying a good word for fellow candidates
running for office.
Some of those who are here as Mem-
bers today were then running for either
State senate, State representative, or
even county office.
My own close and pleasant association
with Mr. Truman goes back to 1932, the
year I cast my first vote. I was ushered
into his personal and political fellow-
ship and association by a close mutual
friend, the late Judge E. I. "Buck" Pur-
cell. Later I had the opportunity to hold
the same seat on the Jackson County
Court which he occupied. Now, for the
past 14 years, it has been my privilege
and high honor to be his Congressman,
and with great pride I acknowledged him
as my No. 1 constituent.
My purpose today is not to repeat what
every American — from the most ad-
vanced student of the Presidency to the
youngest reader of a third grade history
book — knows well. I shall not be con-
cerned with dates or historical facts, but
with the man himself. I do not wish
to repeat what this outstanding leader
did. or how or even why he did it. but
rather to look beyond the deed at the
doer.
Harry Truman exemplified the Ameri-
can ideal of success. He worked his way
up from railroad timekeeper, to bank
bookkeeper, to farmer, to postmaster, to
road overseer, to soldier, to haberdasher,
and finally to public servant. The trail
was not easy as he met failures in both
private and public life. Still In the face
of adversity he continued to strive for
success.
His humility, boldness, doughtiness,
and yes. also his unpretentiousness con-
tributed to his integrity which always
endeared him to the Ameriran public. In
keeping with his adolescent talent of
plowing the straightest furrow in Jack-
son County, the then Missouri Senator
actually fought against accepting the
1944 Vice-Presidential nomination be-
cause, as he put it. he did not want to
enter the White House through the back
door. He practically had to be ordered
by President Roosevelt to accept the bid.
After Mr. Truman became President, he
proved he was strong enough to fire ^
' American military hero who was respon-
,sible for some of our greatest and most
brilliant victories. It was this same Presi-
dent who displayed his humility by stat-
ing doubts that his signature would ever
be wanted as a souvenir. But he was
Januanj 9, 1973
tough whether in withstanding the Ger-
man artillery as a soldier, in deciding to
drop the atomic bomb, or in defending
against the critics, that is, the musical
critics, about the musical talents of his
daughter. Even as the occupant of the
second highest office in our Nation, he
demonstrated his unpretentiousness. The
then Vice President Truman personally
journeyed back to Missouri to pay his
final respect to an important western
Missouri political leader, even though
this man had experienced some difficul-
ties with the law. Mr. Truman was a
man with whom almost everyone could
identify.
In April 1965 on the 20th anniversary
of his a.ssumption to the Presidency, Mr.
Truman received the coveted Freedom
Award, presented annually since 1943 for
outstanding contributions to the cause
of freedom. In explaining the selection
of President Tinman to receive the year's
award, the judges said:
President Truman's leadership— partic-
ularly in Initiating the Marshall Plan, the
Truman Doctrine and the defense of South
Korea — set the pattern for America's world-
wide activities In behalf of freedom.
The plaque presented to President
Truman summed up this courageous
man's place in history more succinctly,
but no less meaningfully :
wise In Policy
Valiant In Action
Decisive In Leadership
You Gave a Battered World New Hope
But perhaps the most eloquent and
meaningful tribute to our former Presi-
dent was delivered by one who served
with him as he took upon his shoulders
the problems of our country and the
world, and who therefore knew him best.
Dean Acheson, in the major address at
the Freedom Award ceremony, reminded
us that the policies of the Truman ad-
ministration in foreign affairs showed
a sweep, a breadth of conception and
boldness of action which were new in
this country's history.
"Many of President Truman's deci-
sions," the former Secretary of State
said, "constituted expanding action in
truly heroic mold."
All of them were dangerous; all of
them required the rare capacity first to
decide and then not simply decide, but to
act. All of them were decided rightly and
they were vigorously followed through.
When they appraise Mr. Truman, most
persons will invariably say he grew in
office. Of course, this has become one of
the moldier cliches about many U.S. Pres-
idents, but no one seemed more deserving
of these words than Harry S Truman,
who died 2 weeks ago today at the age
of 88.
Remember, he was propelled, shall we
say, stammering to himself into the
White House by F. D. R.'s death on that
day in April 1945, when the word came
from Warm Springs.
It was not long until this little Mis-
sourian took firm command, mapped the
postwar recovery- in the United States
and Europe, won an astounding election
victory and laid the foundations of a
foreign policy that led Churchill to de-
clare, "You, more than any other man,
have saved Western civilization."
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
553
He believed in simplicity and just as he
wished it, his memorial services were
without fanfare as he was put to rest
in the courtyard of his cherished Truman
Library in Independence, Mo., in a cere-
mony of austere simplicity.
I think one of the myths of modern
American folklore is that our 33d Pres-
ident, Harry S Truman— you may recall
many times he said he should have been
described as the 32d President — was an
average man. or sometimes called a com-
mon man. Harry Truman certainly
seemed average but he was not average,
and he was a most imcommon man. True,
he had never gone to college. He had
been a dirt farmer and a clothing sales-
man, but to compound his image, Hari->-
S Truman sounded like an average man
as well. Never in his life did he ever
have to make anything "perfectly clear,"
because people knew what he meant. His
language was simple, direct and often
earthy, as political opponents and, yes,
you recall those music critics, could at-
test. Harry Truman could, as he said,
"give 'em hell" just like the common
man.
He was above all a man of the people.
He understood them. More importantly,
they understood him. They trusted him
maybe because he considered himself, as
he once put it, 'a lobbyist for the people."
But, can we say that it was an average
man or a common man who had to make
that momentous decision to order that
the atomic bomb be dropped on Japan;
brought the United States iiito the UN;
raLsed Europe out of the ashes of World
War II with the Marshall plan; the man
who established NATO? Can you call
average a man who first developed tech-
nical assistance programs for the poorer
nations of the world; who introduced
the first sweeping civil rights legislation
in this century; who helped bring to life
the State of Israel; who decided to send
American troops to fight in Korea?
Could it have been an average man who
had the courage to remove General Mac-
Arthur? Could it have been an average
man who came from behind against all
the great odds to win the election in
1948? And what kind of an average man
would it be who could go to sleep elec-
tion night before the returns were in?
No. for all of these things it had to be
a most imcommon man. Now, Mr. Tru-
man may have seemed like every man,
but he was in fact tougher, more deci-
sive, more courageous and more inde-
pendent than most men.
I am sure scholars will disagree with
some of his policies and question some
of his judgments.
But one thing is quite clear. This man
from Independence. Mo., was no average
man, or even an average President.
Rather, he was a great man and a great
President.
I think an interesting insight into the
man's inner beliefs will be found in a
note in his own handwriting saying how
long and how often he said his favorite
prayer. This is quoted both in the book
"Good Old Harry" compiled by George S.
Caldwell and also in the book "Mr. Presi-
dent" by William Hillman. Reference in
those sources is made to a note written
CXIX 36— Part 1
in Mr. Truman's handwriting on White
House stationery and dated August 15,
1950, about the prayer he used so often,
like writing to liimself, this note said;
This prayer has been said by me — Harry S
Truman — from high school days, as a window
washer, bottle duster, floor scrubber In an
Independence, Missouri, drugstore, as a time-
keeper on a raUroad contract gang, as an
employee of a newspaper, as a bank clerk, as
a farrner riding a gang plow behind four
horses and mules, as a fraternity official
learning to say nothing at all if good could
not be said of a man, as a public official
judging the weaknesses and shortcomings of
constituents, and as President of the United
States of America.
That note was found attached to his
favorite prayer in his own handwriting
on his desk in 1950 at the Wliite House,
and the prayer he carried with him and
referred to as his favorite prayer reads
as follows:
Oh, Almighty and Everlasting God. Creator
of heaven and earth and the universe: Help
me to be, to think, to act what Is right, be-
cause It Is right: Make me truthful, honest
and honorable In all things: Make me In-
tellectually hnnest for the sake of right and
honor and without thought of reward to
me. Give me the ability to be charitable.
forgiving and patient with my fellow men-
Help me to understand their motives and
their shortcomings — even as thou under-
standest mine: Amen.
It is my judgment that one of the
shortest and best appraisals of the Tru-
man years is by Cabell Phillips, who for
a long time was the New York Times
Washington Bureau representative; for
some 20 years, I think. He knew inti-
mately many of the key people of the
period. He had a trusted reporter's grasp
of the Truman administration from its
beginning to the end. In his book, "The
Truman Presidency." wliich he calls the
history of a triumphant succession, he
points out the problems that confronted
Truman were enormous in their scope.
But with his rocklike character he faced
up to them unflinchingly, through the
Potsdam Conference, the terrible decision
to drop the atom bomb, the onset of the
cold war, and even the attempts of his
own party to dump him in 1948.
Then there was the grim campaign
of that year, and its glorious upset.
As I mentioned, he had to confront the
insubordinate MacArthur and even the
insolent McCarthy. But probably some
of his greatest achievements, if we limit
them to three, were the Marshall plan,
the formation and establishment of
NATO, and the Korean intervention.
He set a course for this Nation's for-
eign policy v.hich endures to this very
day.
He was a sentimental man. admittedly
a stubborn man. often impetuous, but he
was unwavering in his determination to
do what he thought was right, and he was
temperamentally incapable of walking
away from a fight.
But he was a man who admitted his
mistakes. He did have flashes of temper,
but he also had a sense of humor. He
had strong loyalties, and he had im-
abashed affection for his mother, his wife,
and his daughter. And all these blend
with his stern sense of duty to make
Harry Truman one of the warmest and
most believable figures in all American
history.
Mr. Speaker. I take this time to yield
to my colleague and neighbor, the dean
of the Missouri delegation who served in
the House during the Truman years, the
gentleman from Missouri <Mr. Bolling) .
Mr. BOLLING. Mr. Speaker, I thank
the gentleman from Missouri for having
taken this special order and yielding to
me.
I have -not heard it said, but has the
gentleman obtained recognition for all
Members?
Mr. RANDALL. I have. Mr. Speaker.
Mr. BOLLING. Fine. Mr. Speaker. I
would like to have included in the Record
at this point the statement that I issued
on the death of Mr. Truman. I think it
says quickly and as well as I can say it
what I think of Mr. Truman's place in
histor>'.
Harry S Truman now belongs to the ages.
He has long since Joined the list of great
American Presidents for his foresight, cour-
age ar.d determination in the field of foreign
and defense policy. More and more people
are coming to realize that had the people
of the United States been wise enough to
support his domestic programs they would
have saved themselves many agonies and
many tragedies. His foresight on civil rights
and health care^on housing and education,
matches his le^ership of the Marshall Plan
and the defense of Korea from aggression.
Mr. Speaker, I would like to take a
minute at this point to add to the re-
marks that have been made and will be
made, with this thought: That too often
we neglect to note those who live after
the person that we eulogize.
This is particularly true in the case
of a lady who. I think, contributed
enormously to Mr. Tr-jm"n h'n'j-^lf r-?r-
sonally and to his Presidency. She. I
believe it is safe to say. was as popular
a First Lady as there ever was in the his-
tory of our land, ^e was and is a dis-
tinguished citizen of Independence. She
has always conducted herself wiih in-
finite kindness, patience, and sweetness.
Mr. Speaker, I think Mrs. Bess Tru-
man is one of the more remarkable peo-
ple whom I have ever had the privilege of
meeting, and, of course, all of us feel
very strongly her bereavement and ex-
tend to her our condolences, but I think
that this occasion would not be fully met
if some mention were not made of this
quite extraordinary woman, the woman
who was such an extraordinarily fine
companion and loving mate of the re-
markable President we are eulogizing to-
day.
Mr. Speaker, I thank the gentleman
for yielding to me.
Mr. RANDALL. Mr. Speaker. I thank
the gentleman from Missouri <Mr. Bol-
LiNc) for his contribution.
Of course, our prayers and deepest
sympathy go to this beloved lady and
the daughter whom our former President
loved so much.
Mr. Speaker, it is a privilege to >1eld
at this time to the gentlewoman from
St. Louis (Mrs. Sullivan).
Mrs. SULLIVAN. Mr. Speaker, I thank
the gentleman.
Mr. Speaker, the Nation and the world
have joined the people of Missouri in
554
CONGRESSIONAL RECORD — HOUSE
January 9, 1972
mourning the passing, on December 26
of one of the great Americans of our
era — a man who rose from farm lad to
President and who, nearly 20 years after
leaving office, was honored and respected
and loved even more than while he served
in the most powerful elective office in the
world,
At the time of his Presidency. Harrj- S
Truman was bitterly attacked from all
sides for the actions he took as President.
He lived long enough to have history no.t
only set the record straight, but also to
elevate him to a place among our great-
est Priesidents.
It was as a great human being, how-
ever, that he captured the love of the
American people. What he did for hu-
manit;y in a world in turmoil and chaos
made^m a statesman of the foremost
rank. What he was as a person — fiercely
loyal to friends and completely devoted
to family and unashamedly patriotic —
earned him a place in the hearts of
Americans which few Presidents man-
aged Jo achieve or maintain after the
glamo.- of holding our highest office had
;ndedj «
We jin Mi Auri regarded Harry Tru-
man aJB a ma^of such complete personal
integrity and honor that he became a
symboi of the best in political service. He
v\-as a! good politician in every sense of
the wdrd. and he made politics a respect-
able profession in our State.
Although he had been out of the polit-
ical battles for most of the past 20 years,
levotihg his time to the Truman Library
Df whi'ph he was so deeply proud, he was
ilways willing to share his wisdom and
oolitickl experience with those who
;oughC out his views, and he never pulled
lis punches.
His gracious and courageous wife, one
)f theifinest First Ladies to have sei-ved
n the White House, his sweetheart
hrough a long, long life together, has
)ur detepest sympathy and great affec-
ion a^ she faces the lonely days and
ears ihead. We all realize the tremen-
lous l6ss she has suffered. And to Mar-
garet Truman Daniel, in whom Harrj-
Truman took such fatherly pride, we ex-
)re.>s our profound sympathy and also
:iur joy that she was so succe.ssful in so
inany ways in honoring her, father
1 hrough her love and devotion.
Mr. RANDALL. Mr. Speaker. I thank
1 he gentlewoman for her fine contribu-
ion.
I have the privilege at this time to
yield to the gentleman from Missouri
Mr. HUNCATE » .
Mr. HUNGATE. I thank the gentle-
man for yielding and am pleased to join
in the tribute to our great President, Mr.
$arry S Truman.
One of Mr. Truman's statements was
I hat "If you do your best, history will do
the rest." I think his lif(* has certainly
Remonstrated that fact.
One of the things I liked about Mr.
"ruman and one of the stories that fol-
lowed him was about the time he faced
t he problem that we all face in politics
vhen people would run up and say, "Do
: ou know who I am? Can you tell me my
liame?"
Someone is alleged to have run up to
Mr. Truman when he was running for
the Senate and said, 'I bet you do not
know who I am," to which Mr. Truman
said. "No, and I don't give a damn."
Well, a lot of us wish we could have
that courage, but few of us could be
elected doing that, except a man like
Harry Truman.
Another story in Mr. Truman's mem-
oirs relates to an incident in Wellsville,
Mo., in my district, when he was run-
ning for the Senate at the time of his
second term. There was a Republican
meeting over there, Mr. Truman relates
in his memoirs, and the man running
against him. I believe, was named Davis.
in the year of 1940. According to Mr.
Trimians story, he said that there had
been some lies printed about him in
the St. Louis Post Dispatch and the Kan-
sas City Star and Mr. Davis was repeat-
ing them and apparently having a grand
time doing it. When he got done a man
from that community, Jim Wade, went
up to Forrest Donnell, who was the elect-
ed Governor in that year, a Republican,
campaigning with Davis on the Repubh-
can tick'?t, and Wade said, "Could those
stories about Mr. Truman be true, and
if it is true, could he still be Grand Mas-
ter of the Masonic Lodge." to which he
was elected. To his great credit. Forrest
Donnell said. "No," whereupon Mr. Wade
repeated that story around, and accord-
ing to Mr. Truman that was good for
many votes.
They also report that in Mr. Truman's
career he first learned that you must be
faithful to your friends, although they
may sometimes fall on bad times. This
was certainly demonstrated in the Pen-
dergast affair with Mr. Truman. It was,
indeed, they say. a semi-falling out be-
tween Mr. Pendergast and Bennett Clark
0V2V the patronage through Franklin
Delano Roosevelt that led Mr. Pendergast
to look for someone to take the other
Senate seat and Pendergast sought some-
one who was oppo.sing Clark's candidate
for the Senate. Of course. Mr. Truman
came to be that man after being turned
down earlier in his desire to run for Con-
gress. They had a Senate opening, and
it was offered to him, and he was success-
ful in it. Of course, it became the privi-
lege then of Senator Bennett Clark, then
senior Senator from Missouri, to present
Mr. Truman to the Senate when he took
his oath.
Later on Bennett Clark, the son of
Speaker Champ Clark of Missouri, who
made the nominating speech foi; Mr. Tru-
man when he became Vice President in
1944. Senator Truman was opposed, as
I have mentioned, in 1940 by then Gov-
ernor Lloyd C. Stark. Truman was seek-
ing his second term in the Senate, and as
one who lived in Governor Stark's home
coimty in those days I can attest to Mr.
Trumans popularity. As fast as you took
down his posters, someone else put them
up. He was recognized across the State
as a champion of the people.
He had a certain grandness of char-
acter, and again he relates in his mem-
oirs how in World War II he appointed
Paul Stark, who was the brother of his
old senatorial opponent Gov. Lloyd
Stark, to conduct a victory garden cam-
paign throughout the country.
Mr. Truman drew valuably on his Armv
experience. He knew what that meant
in the service of his country. He relates
in fact, that It was through that experi-
ence it made him such a great friend of
the State of Israel, that is, in recogniz-
ing Israel's independence only minutes
after it had been declared.
He related the story of how his old
haberdashery partner. Mr. Jacobson a
Jewish friend came to the White House
One of the great rabbis had come to
Washington, but Mr. Truman repeatedly
refa';ed to see either him or anyone from
either side in the controversy. However
this Jewish buddy of his from his Army
days came to him and said he had never
asked him for anything but this was a
great .'-eligioas leader and that he .should
see him. He did, and this led to historic
action from which the world profits
today.
It has been written that Mr. Truman
was wrong in most of his small decisions
but right on all of the big ones. I think
that we all join in that commendation,
and hope th.it other leaders of our na-
tional life Can have a similar success.
Mr. Speaker, I thank the gentleman
from Missouri for yielding me this time.
Mr. RANDALL. Mr. Speaker. I thank
the gentleman from Missouri «Mr. Hun-
gate* for his remarks.
I might interject at this point that the
gentlemen to which he was referring
were Eddie Jaco'cson and also Eddie
Meisberger. But while Harry S Ti-uman
was very close to those men he was also
close to each of those whom he regarded
as his buddies in Battery D.
Mr. Speaker, I could not conclude these
observations made in the memory of
this great President without calling your
attention to tvxo of his famous sayings
that describe the man perhaps better
than anything else.
As you know, on President Truman's
desk were the words, "The buck stops
here." That should show his forthright-
ness and his strr.ightforwardness as well
as his courage.
Then again there were the words that
he used so many times. "If you can't
stand the heat, get out of the kitchen."
Well. Mr. Speaker, this man from
Missouri proved again and again that he
could thrive on the heat of the kitchen,
and he had the courage and the grit to
take heat from any source once he was
convinced that he was right.
I said in the beginning of these com-
ments that rather than reciting events
which are a matter of history, or par-
ticular official enactments. I would try to
say something about the doer of those
deeds. It ."eems to me that we should take
a moment to look back on some of his
personal characteristics And if I may be
pardoned I know firsthand of some of
those from my personal experience.
I would first consider the matter of the
personal honesty of this man. which was
also mentioned by the gentleman from
Missouri (Mr. Hungate> in his remarks.
He referred to his membership in what
was then called the Pendergast organiza-
tion— and it is true there had been some
local scandals — but one evening in Au-
gust of 1934 Mr. Truman came to me and
CONGRESSIONAL RECORD — HOUSE
January 9, 1973
asked me if I would jouimey south about one of the longest and one of the most
90 miles to the citv of Nevada, Mo., in pleasant conversations with Mr. Truman
Vernon County, which is now in our con- in April of 1971 at their home and in the
sessional district. presence of Mrs. Truman, in which
He said, "I heard those people down we asked him about his wishes in tliis
there say that because I am a part of the matter.
Pendergast organization there must be I think the whole thing was summed
guilt by association. Will you go down up by The New York Times in their story
there to speak for me? I said, "Why, of following that occasion, the headline of
course " He was then serving as judge of the story was "Tlianks, But No Thanks."
the county court. I went that night be- He made it so plain to me that even
cause I was personally convinced of his if the President of the United States
honesty. I went down there because I came out to present liim with that Medal
knew that. Here was a man who was a of Honor, he would decline to accept it
presiding judge, and chief administrative because of his humbleness and his
ofScer of a large metropoUtan county hiunility— he said he did not deserve it
who was spending, even in those days, be-
tween $15 and $20 million a year with-
out ever a hint of any sort of scandal of
any kind. And he served for two full
terms in that capacity. The man was
completely honest.
Then we hear it so often said that he
was a man who had lots of other good
characteristics and personal traits of
character of a very high order. And when
it comes right down to it these character-
istics were ingrained in him. Once again
I go back to a comment made by the gen-
tleman from Missouri (Mr. Hung ate)
when he was referring to the campaign
In 1940. At that time it was my lot to
be driving and working in the campaign
with the candidate for Governor, the late
Larry McDaniels, and the late Hunter
Allen was Mr. Truman's driver. And one
day in the early part of September Mr.
Alien became ill, and Mr. McDaniel of-
fered to loan me as a driver to Mr. Tru-
man, who was then a candidate in his
second term. And he said to Mr. Mc-
Daniel, "That is a generous offer, and I
am grateful."
One night about 5:30 or a quarter of 6
we were to?;ether, the candidate for Gov-
ernor and the candidate for Senate, Mr.
Truman in a motel out west of Columbia,
Mo . knowTi as the Pierce Pennant Motel.
and which was run by the Sinclair Oil
people. That night Mr. Truman dis-
covered that he had used his last clean
shirt.
I recall I stenped up">aiid said. "Well,"
referring to mv own shirt, I said. "I do not
know whether this is much better, but
you are certainly welcome to it." Actu-
ally anatJier aide ran downtown and
bought one ju.'^t before the stores closed.
From then on. again and again, he
expressed his gratitude to me many
times. He said, in my presence to others.
"Here is a man who is such a good friend
that he would take the shirt off his back
and give to a friend in need."
He was a man who believed that grati-
tude was one of the most important
traits of character that a man can have.
Finally, there was one other trait that
he demonstrated so many times — his hu-
mility. It was in early 1971 when there
was a movement by several Members to
introduce legislation to award to our
former President the Congressional
Medal of Honor. I. as his Congressman,
knowing of the man's reluctance to have
so many edifices and stadiums and high-
ways and airports named after him.
thought it was best that I be certain of
his wishes in this matter.
So it was that I had one of the last and
555
and that it should be reserved only for
those who earned it in combat.
Here is a letter which I shall always
treasure and which I will read into the
Record at this time, from Harry S Tru-
man, Independence. Mo., on April 8,
1971:
Independence, Mo.,
April 8, 1972.
Hon. Wm. J. Randall,
House of Representative!!, Washington . DC.
Dear Bill: Tour visit with me about the
proposed award of the Congressional Medal
of Honor was most pleasant and I greatly
appreciate your Interest In this matter. I
am writing this to confirm my views and
reasons and my unwillingness to accept one.
In the first place. I do not consider that
I have done anj-thlng which should be the
reason for any award. Congressional or
otherwise.
Next, the Congressional Medal of Honor
was Instituted for combat service. This Is as
It should be and to deviate by giving It for
any other reason lessens and dilutes Its true
significance. Also. It would detract from
those who have received the award because of
their combat service.
Therefore, I again confirm what I told
you — I would not accept it.
This does not mean I do not appreciate
what you and others have done, because I
do appreciate the kind things that have
been said and the proposal to have the award
offered to me.
Therefore, I close by saying thanks, but I
will not accept a Congressional Medal of
Honor.
Sincerely yours.
(s) Harry S Truman.
"Thanks, but no thanks" — that was
proof once again of that trait of charac-
ter of a man wiio was a great man but
also a humble man.
Mr. Speaker, all of us will mourn his
passing in the days which lie ahead.
We will all miss this great American,
who was loved by evefyone.
Mr. ALBEIRT. Mr. Speaker. I wish to
join with my colleagues who have ex-
pressed tributes to Harry S Ti-uman.
The passing of the former Pi-esident
brought a special loss to the American
people and to me personally. Harry Tru-
man was Pi-esident when I came to Con-
gress, and I will be eternally grateful for
his thoughtfulne&s and wise counsel. He
was one of the finest men I have ever
known.
Harry Truman was loved and respected
by millions of people he never had a
chance to meet. He was a people's Presi-
dent, a man who always was himself and
a man with whom every citizen could
identify. As President he displayed an
unequaled courage and determination in
his selfless service to our Nation. A
fighter who vigorously entered many
battles, HaiTy Tnmian weathered every
storm. Only after an insurmountable
weariness of body did his fighting heart
lay down to rest.
No one could deny that Harn.' Truman
lived every minute of his life to the full-
est. Even his 20 years of retirement were
filled with productivity and service to
others. Memories of Harry Truman will
live forever in the hearts of all Ameri-
cans. He made too great a mark to ever
be forgotten. He has made his place not
only as a great human being but as one
of the extraordinary Pi'esidents in our
Nation's history.
Mr. ICHORD. Mr. Speaker, one of the
thrilling aspects of American history is
that we so often see ordinary men accom-
plishing extraordinary things in this
country. Some of our great leaders have
been men of noble birth and wealth as
George Washington. Others have been
men of common birth and poor child-
hoods as Abraham Lincoln. Harry S Tru-
man, who is undobutedly the most fa-
mous son of the great State of Missouri,
was an ordinary man in every respect,
but few men in the history of this proud
Republic will be remembered for more
extraordinary accomplishments.
Each time a great leader passes away,
Mr. Speaker, we talk of the great loss our
country has suffered. Yet in the case of
former President Harry S Truman I
somehow feel that we have lost more than
a great man. a great leader, and a true
statesman. I feel that the death of Mr.
Truman may .syinbolize the loss of a
great spirit in this Nation. There was a
spirit which prevailed in the early days
of this country enabling the pilgiims to
endure the hard winters and the attacks
by unfriendly Indians and allowing
Washington's men to survive the impos-
sible winter at .Valley Forge. This spirit
guided our forefathers as they took tliis
vast uncharted wilderness and turned it
into the greatest, most advanced and
most powerful nation in the history of
man in a few short years.
Mr. Truman had this spirit which en-
abled him to make the big decisions with-
out taking a poll to determine the public
reaction or worrying about the political
risks involved. Harry S Truman was a
rugged individualist who did not start out
to be President, but was not afraid to
take a stand and stick it out. He v.as a
common man — a man of the people— and
his only concern during the 7 years
he held the most important oflice in the
world was to do what was best for the
Nation and her people. He was a decisive
man and a true politician with great love
for and dedication to his political party,
br.t he was statesman enough to know-
where partisan politics must cease and
the country must come first.
Harry Truman, the simple haberdarh-
er from a small town in Mis.souri. was
called upon to make some of the most
difficult and momentous decisions in the
history of our country, ranging from the
dropping of the atomic bomb on Hiro-
shima to the institution of the Marshall
Plan. The use of the atomic bomb against
the Japanese was particularly a difficult
decision for a gentle kindhearted man
to make, yet it undoubtedly saved the
i>56
/ I
CONGRESSIONAL RECORD
HOUSE
January 9, 197 S
1 i\'es of thousands of my owti generation
< f Americans in an invasion of the Jap-
i.nese Islands. To paraphrase one of his
(iwn favorite sayings, 'he could stand
the heat and stay in the kitchen."
Harr>- Truman was indeed a man who
could make a decision and stand by it
\.ithout weakening. The buck always
stopped with Harry Ti'uman. His courage
2nd decisive action saved Iran. Greece,
' 'urkey. South Korea and all of Western
Kui-ope from falling into the Communist
camp. The Truman doctrine was respon-
sible for containinf: the runaway spread
c f communism. He loved freedom and
1 elt that the right to be free could not be
I mited only to our own shores. Sir Win-
.<ton Churchill quite frankly confessed
that though he dreaded to see Harry
' Yuman become President of the United
J tates, the unimposing Missourian had
c one more to contain communism than
'c ny man in the world.
On the occasion of the burial of Julius
C'aosar. Mark Antony stated his concern
t lat:
The evil that men do lives after them, the
•.. ofd Is oft Interred with their bones.
Tills I do not believe is the case with
Harry Truman. History has already been
nuch kinder to him than his contem-
poraries were. His term of office has been
narked as a period of one of America's
s:rongest, most courageous and greatest
Presidents. It is my opinion that future
h istorians will recognize this fact even
.s Tonger.
As I said. Mr. Speaker, Harry Tru-
man's death may signify the end of a
Mteat era in our history when leaders
k new the real meaning of courage, loy-
alty, statesmanship, and dedication. It
i; entirely jrossible that President Tru-
man will be the last man of modest
mean.s who rose from the ranks of the
c )mmon people to become President. I
b^litfve that our Nation is stronger and
our lives richer because this man of the
p eople served in the highest office in our
Iwnd. I also strongly believe that if we
^ ill all remember liis dedication in serv-
ing the people that our roles in govern-
ment will be more meaningful and
productive.
Mr. BARRETT. Mr. Speaker, on
Eecember 26. 1972, the distinguished 33d
President of the United States, Harry S
Truman, died at the age of 88 years. As
o le of thg few remaining Members of
tiis body who served here during the
Presidency of Harry S Truman. I can
ri'call that my .service in those years
fi om 1945 to 1953 under his leadership
a ; one of the great experiences of my
political career. I have always said, even
ii; those lean, post-war years when
e er'-one was condemning President
Truman, that he would be recorded in
h storv as one of our greatest Presidents.
Klstorv is beginning at this time to so
nrordhim.
The man from Independence suc-
citeded to the Great Office of the Presi-
dency at one of the most difficult times
ir our history. It was his duty to end
Vorld War II. to preside over the re-
construction of Europe, and the reorder-
ir g of our domestic affairs following the
w ar. Few people in 1945 knew or expected
Harry Truman to be able to handle this
impossible task. His first decisive ac-
tions were of the caliber that led me to
believe early that Harry Truman had the
makings of a great President. He was one
of those rare Presidents who understood
and respected the Congress, but more
importantly, who understood the Ameri-
can people. It was his grasp of the issues
that affected the American people that
led him to believe all the time that he
woul^ win the 1948 presidential election.
I can recall in 1948 myself the doubts
that most people in my own city of Phila-
delphia as to whether President Truman
would carry Philadelphia. Early in the
campaign, I was one of those who felt
that he would not be able to win in Phila-
delphia, but as the campaign wore on,
as I spoke to more and more of my con-
stituents, they told me that Truman was
their choice. It was the little man, the
working man, who gave Harry Truman
the support.
Wc liave all read and heard of the
great accomplishments of HaiTy S Tru-
man duiing his presidential career, but
I think one of the truly great attributes
of this man was this dignity and inde-
pendence that he retained as an ex-
President from 1953 till his death on
December 26. President Truman's career
has been heralded for the great accom-
plishments in presiding over the ending
of the war, the reconstruction of Europe
and the containment of communism in
both Euro'^'e and Asia. His accomplish-
ments on the domestic scene, in my opin-
ion, were as extraordinary as his accom-
plishments in foreign affairs. He did not
succeed in enacting many of his domes-
tic proposals such as Federal aid to
education, federally assisted medical care
I or the aged, and ereatly expanded Fed-
eral a.ssistance to housing and urban de-
velopment. He provided the leadership
and initiative in these domestic areas for
succeeding Presidents and Congresses to
ena^t into law. In the field of which I am
prrti.:ularly interested, housing and com-
munity development. President Truman's
4-vear battle to establish' major new ini-
tiatives in housing and urban develop-
ment cpme to fruition in the historic
Housing Act of 1949. Without his leader-
ship and patient negotiations this his-
toric act would have never been enacted
in its- existing form. He was the first
president to stand up and assert the
rights of nil Americans. He boldly de-
segregated the Armed Forces and sent
the first civil rights message to the Con-
gress. He always held firmly to his con-
victions and never wavered even when
the political odds were against him.
Harry S Truman was a great and humble
man. a friend, and truly one of the great
Presidents of tbJs country.
Mr. EVINS of Tennessee. Mr. Speaker,
I want to take this means of paying a
brief but sincere tribute to the late Pres-
ident Harry S Tnmian.
Harry Truman was an outstanding
Senator, a great President, and an Amer-
ican in the truest sense of the word. His-
tory has already judged this unassuming
President from Missouri as one of our
great Presidents.
It so happened that when I first came
to the Congress, the Members of our
"freshman class" in the 80th Congress
were invited to meet with President Tru-
man. Our "class" included our distin-
guished colleagues. Speaker Carl Albert
and former President John F. Kennedy,
and we all enjoyed the cordial get-^
together with President Truman, which
was arranged by the late Speaker Sam
Ray bum.
Years later on the occasion of Presi-
dent Truman's 70th birthday. Dean
Acheson, who served as Secretary of
State in his administration, discussed
the life and career of this outstanding
leader. Secretary Acheson pointed out
that Harry Truman had a rare quality—
a quality few people possess — the ability
to make decisions and to make up one's
mind on public issues — and, more than
that, the ability to make right decisions.
Many Presidents appoint commissions
and committees to study matters that
are brought before them for action. Not
Harry Truman— he refused to pass the
buck. He accepted the responsibility of
the Presidency and he acted with cour-
age and decisiveness.
Some of the major decisions — right de-
cisions— which President Ti-uman made
include his orders to resist Communist
aggression in Korea; drop the atomic
bomb on Japan, to end the war and
which saved thousands of American
lives: to strengthen Greece and Turkey
against the threat of communism
through a program of assistance known
as the Truman doctrine; and his support
of the establishment of the United Na-
tions as an instrument to promote peace.
At the Democratic National Conven-
tion when he was nominated for the
Pre.sidency in 1948, the banners pin-
pointed another of P*resident Truman's
great qualities with the words: "Truman
is Human."
Indeed he was, in the tradition of An-
drew Jack.son. He was truly a man of
the people, plain, outspoken, shunning
pomp and ceremony.
As a result of the hard and difficult
decisions which he made unhesitatingly,
Harry Truman attracted some criticism
during his years in office. But the criti-
cisms are now forgotten and even though
he has been out of office only 20 years,
his place in history as one of our greatest
Presidents is assured.
Certainly I want to extend my deepest
sympathies to Mrs. Bess Truman and
daughter Margaret and other members
of the family in their loss and bereave-
ment.
Mr. ANNUNZIO. Mr. Speaker, our Na-
tion is now in a period of mourning for
the passing of a great man. Harry Tru-
man, 33d President of the United States,
I was privileged to have the opportu-
nity during the historic election cam-
paign of 1948 to be the regional director
of the Truman campaign in the States
of Illinois. Indiana, and Wisconsin for
the United Steelworkers of America. In
1948, I had the pleasure of meeting with
President Truman in the Blackstone
Hotel in Chicago where we discussed the
various phases of his campaign affecting
the midwest section of our country.
I was also the labor chairman of one
of the greatest labor parades held in the
history of our country for any presiden-
Januarij 9, 1973
CONGRESSIONAL RECORD — HOUSE
557
tlal candidate. The parade assembled on
Michigan Avenue and proceeded down
Madison Street where 1 million people
cheered this great and humble man who
symbolized to them such human quali-
ties as- honesty and integrity, for Mr.
Truman did not indulge in the kind of
political rhetoric that spells out dema-
gogue. He was blessed with humility,
compassion and understanding of the
common man because he was one of
them. People were inspired by his lead-
ership because they knew instinctly that
he gave of himself.
The Truman style of leadership was a
style of tough compassion in those cru-
cial post-war years. It took toughness to
stand up to the challenges of that era
and deal decisively with the various eco-
nomic and military threats poised by the
Nation's antagonists. Yet. through it all.
President Truman was also able to es-
tablish the Nation he loved as a model
of compassion — a model of selfless con-
cern the likes of which the world had
never seen.
President Truman will never be for-
gotten by Americans or by people around
the world. His personal example of integ-
rity in the face of difficulties and detrac-
tors will endure as an inspiration to all of
us who must carry on. He did his best and
that is all any of us can ask of our fellow
human beings or of ourselves.
Mrs. Annunzio and I extend our deep-
est sympathy to President Truman's de-
voted wife, Bess, and daughter, Margaret.
We are proud to have been associated
with this great man.
Mr. ZABLOCKI. Mr. Speaker. I am
proud to join my colleagues in paying
tribute to the late President Harry S
Truman. As President Truman was the
first President under whom I had the
privilege to serve as a Member of the
House of Representatives, I feel a spe-
cial sense of loss at his passing.
While he was President, Mr. Truman
was called upon to make some of the
most difficult decisions ever required of a
President, and for his courageous and
firm convictions he has rightly been
called one of our Nation's truly great
Presidents.
What is equally important is that
while Mr. Truman was a great President
of and for the people of this Nation, he
was essentially a humble man who saw
his first duty to his wife and daughter.
His retirement years were quietly spent
with his wife in Independence, at the
same time he continued his contributions
of public service through the Truman
Library. The sad news of his passing
grieved his friends and acquaintances.
The world's great leaders remembered
him and sent tributes to his widow. Al-
though they all would have been privil-
eged to pay their respects in person,
typical of his life. President Truman re-
quested a simple service. Only close
friends and neighbors were honored to
be participants in the funeral rites, al-
though thousands throughout the Na-
tion were in attendance in spirit, paying
homage to a great humanitarian leader.
Mr. Truman will be remembered for
his contribution to the welfare of his
fellowman, his firm determination to
prevent aggression and oppression. Most
of all, he will be remembered for his sin-
cerity, honesty, humility, and devotion
to his friends and countrymen.
President Truman never forgot his
friends or a favor — although he forgave
his adversaries, he apparently never for-
got their deeds.
My wife Blanche joins me in ex-
pressing deep sympathy to Mrs. Ti'uman,
her daughter, Mrs. Daniel and to all of
the Truman family. We hope they de-
rive consolation from the knowledge that
his loss is shared by his many friends.
Mr. GONZALEZ. Mr. Speaker, if there
is any one word to describe Harry S
Truman, that wcrd is "courage."
Harry S Truman probably never
thought of himself as a great man. If
we are to believe his own words, he never
wanted to be Vice President, let alone
President. He did want to be a Senator,
and accepted higher office only on the
insistence of President Roosevelt. We are
fortunate that Roosevelt made this
choice, and even more fortunate that
Truman accepted Roosevelt's invitation
to become Vice President. For if Truman
never thought himself a great man, his
stature has surely grown in our eyes, and
it is plain that the 33d President of the
United States was among the very great
ones.
Truman never accomplished all he set
out to do — but most of the ideas he
espoused have since been adopted, and
it is to his great credit that he advanced
proposals that w^here bold enough to
encompass the real needs of this Na-
tion— even though there were not
enough people of courage here on the
Hill to make those ideas into law. Tru-
man's failures were only temporary; his
successes were on the other hand hardly
temporary at all. but lasting victories
for us, for humanity, for the causes of
right and justice.
Truman understood the nature of his
job — to make hard decisions. He never
shrank from that. He did not equivocate
and he did not hide. He did not resist a
fight, and did not attempt to hide hard
truths in glittering language. He did
not want to change his image, but only
to be himself. It did not matter to him
that he would be criticized as uncouth
or unstyhsh, because that did not make
any difference to the job he wanted to
do.
Who can imagine the shock that Tru-
man must have felt when he was told
on April 12, 1945, that he was President?
He had only been Vice President for 3
months. The war was raging toward its
conclusion; he knew little about the
great and secret issues of the time; he
had had no time to learn, and less op-
portunity. But beginning at that mo-
ment, he had to make decisions affecting
all mankind, possibly for generations to
come. Truman did not shrink from it.
He did what he had to do — and most of
it turned out to be right.
It was up to Truman to make the ter-
rible decision on whether to use the
atomic bomb against Japan. Such a de-
cision no man should have to make, but
he decided, and never looked back. We
may now disagree, but we never had the
responsibility, and can never know ex-
actly what Truman's reasons were — only
that he thought he had taken the best
available course of action to end the
bitterest and most costly struggle In
history.
Having ended the war, Truman carried
on bravely the efforts to construct a last-
ing and universal peace. It was he who
got the United Nations charter approved,
and he who appointed Roosevelt's widov.-
to represent the United States in the or-
ganization— perhaps our most effective
representative ever.
It was Truman who decided that the
development of atomic energy should
take place under civilian auspices, and
who successfully sponsored the creation
of the Atomic Energy Commission for
that purpose. This decision made it pos-
sible for us to begin at the earliest pos-
sible date a program to make atomic
energy more than a tool of war, but a
source of power for peace.
It was Truman who saw and met the
danger of Communist expansion in
Greece and Turkey, and who created a
doctrine to meet and resist that danger —
successfully. From that came the Mar-
shall plan, which Truman supported and
fought for. and which made possible the
postwar reconstruction of Europe. Later,
this same program gave birth to the
World Bank and its affiliates, which to-
day include 116 or more member nations,
and which provides billions in loans for
development programs. More than any
other action, these programs made it
possible for the world to regain the lost
productivity and prosperity destroyed by
the world war; these programs enabled
our postwar generation to avoid the bit-
ter depression, and the war-seeding frus-
trations that followed World War I.
But Truman was not only a great de-
cisionmaker in the foreign field.
Ti'uman proposed what he called the
Fair Deal — plain language for a plain
purpose. Not much of this program be-
came law, not because it was wrong, but
because Congress was hostile to him and
his program. Years later, virtually every
part of the Fair Deal became law —
though it then was called the New Fron-
tier and the Great Society. Truman
wanted universal, compulsory medical
insurance. He never got it. More than a
dozen years after he retired. Congress
approved medicare. This program
aroused the most bitter and fanatic kind
of opposition — but after its enactment,
no one questioned its wisdom or the need
for it. Truman had been right.
It was Truman who desegregated the
military services and went as far as he
could to get fair employment practices
required in defense contracts. But it was
years later before he saw the poll tax out-
lawed, saw the courts strike down legal-
ized segregation, and saw Congress enact
laws requiring desegregation of public fa-
cilities, all goals he had set in early 1948.
Tmman raised the minimum wage, ex-
panded its coverage, strengthened the
social security program, worked for an
adequate housing program, bitterly
fought against programs he saw as be-
ing against the public interest, and stood
firm for what he saw as the right — and
always with plain and straightforward
talk.
Truman won the most remarkable
election contest In history, in 1948. All
of us then, and all of us now, admire the
538 ►
CONGRESSIONAL RECORD — HOUSE
January 9, 1973
c )urage and resolution he fihowed in run-
n ng a hard contest at a time when every-
b >dy said he would lose, and when he
c )uid not raise enough money to carry on
a cphpnt campaign. Truman's famous
t; ain Vould be stalled in onex)iace or an-
0 her.; because he could not raise the
n oney to pay for moving it further; but
somehow he carried on. He could not
TAi^e Adequate money for radio time, and
n ore than once was cut off the air for
f; ilurfe to pay. But he fought on, and he
won. Those who wondered at his courage
d d not know that in 1940 President
Eoo.^avelt had asked Truman not to run
fdr reelection to the Senate, but Truman
insisted anyway. It was a formidable
dJcL-^ion — the kind of decision that
s! lowdd the strength of the man who
h ter iarried off his miracle of 1948.
Truman's enemies were on top of the
v,orld'by 19ol. They had Communists to
hjnt — mostly phantoms. They roared
a 30ut corruption. They decried the trag-
edy of Korea. But time passed those men
b,- — :^cCarthy died a disgrace, corrup-
tian vmder Truman was nothing like it
la ter was under the administrations of his
s« verest critics and stanchest enemies;
a id Korea ended in a stalemate that to
tliis day requires U.S. troops and lives
t( maintain — more men than we have
e en in Vietnam. And where an obscure
n an named Nixon could attack Truman
0:1 Korea, that same man today has a
nuch greater tragedy in Vietnam, but
where Truman spelled out the situation
h jnestly, today we meet only silence from
a mostly empty White House.
Truman was a simple man. He did not
^ ant to put up a fence around his house.
I: e did not want to discourage people
f om knowing him. He did not want
e npty honor.
Most of all, Truman was an honest
nan. He did his best, never .shirked, and
n?ver looked back. He had no image
makers, wanted none, and needed none.
¥ e knew what his job was. and he did
it. A simple, honest, brave man. Harry
S Truman. We were lucky to have him
siirve this great country, and I am sorry
t( > see him gone.
Mr. CHAMBERLAIN. Mr. Speaker, in
r (fleeting on the service of former Presl-
d?nt Harry S Truman to our country I
w ant to call the attention of my col-
leagues to two editorials appearing in
t le Citizen Patriot of Jackson. Mich.,
lecember 17, 1972. and E>ecember 27,
1 372. The first one is entitled "Harry S
1 ruman Improved World" and the sec-
ond. "A Bit of History Lost in HSTs
leath". They both call attention to the
f ict that President Truman was a man
v ho did what had to be done.
The editorials follow;
I From the Jackson (Mich.) Citizen Patriot.
Dec. 17. 19721
Harrv S Truman Improved World
Tlie life and times of Harry S Tniman are
I oratlo Alger carried to heights that malte
t "ie author pale In comparison:
A Missouri farm boy who ascended to the
p residency of the world's most powerful
I atlon;
A politician schooled and aided by a cor-
rjpt political machine who forced his de-
t ractors to admit he had outgrown that in-
f uence;
A man who ordered the first use of the
atomic bomb, but who also pioneered In the
civil rights movement;
A statesman who engaged In International
politics as Bobby Fischer handles chess, who
blocked the advance of communism around
the world with bold moves;
A commander-in-chief who, when chal-
lenged by one of the nation's most popular
generals, summarily fired hUn for refusing to
carry out orders:
A compassionate leader of a victorious na-
tion who Implemented the Marshall Plan
for rebuilding devastated Europe:
The list Is tremendously long. Including
such things as the Truman Doctrine, the
North Atlantic Treaty, Point Four program
for underdeveloped nations, to add but a few.
Yet two things stand out formidably In
President Truman's Journey through life:
courage and humbleness.
He proved he had the courage to do what
he felt needed doing, often In the face of
challenge that would make other, more ordi-
nary mortals pale.
As Inheritor of the presidency when
Franklin Delano Roosevelt died on April 12,
1945, Truman also Inherited World War II
and the climactic work of the Manhattan
Project which culminated In the first suc-
cessful explosion of an atomic bomb on
July 16 of the same year.
Truman accepted control of the awesome
device and used It to end the war In the
Pacific within weeks. Tiiat momentous deci-
sion which ushered In the age of atomic
Jitters, was closely followed by approval of
plans to move ahead with the more formi-
dable hydrogen bomb.
In a manner of speaking he set the tone of
International politics for decades, and the
name of the game became raw power.
Then he turned his talents to peaceful
goals and led the nation to new heights In
helping others, not Just other nations, but
people.
He implemented the civil rights talk of
Roosevelt, both with legislation pressed
through Congress and by example In his
executive orders and appointments.
Thus a man, at times derisively referred to
as a "Missouri cracker," again proved his
humanity, leadership and courage.
When he finally retired from office, Presi-
dent Truman set about proving he also had a
sense of history, establishing the $1,750,000
Harry S Truman Library with private con-
trlfcoitlons paying the cost.
In It Is displayed a tremendous array of
material relating to the war years and his
presidency. It was his stated wish at the
time that the library should be a reposltoiy
for l)oth scholars and the general public, and
to help It come true, he worked there dally
from 1952 until 1966. Today the repository
is valued at S21 million and Is open to the
public as well as scholars.
He also established a little-known activity
called the Truman Institute, which provides
grants-in-aid to students, again demonstrat-
ing his consuming Interest in people.
His years in office were often marked with
controversy, but he thrived on It. He made
no bones about liking a drink and a hand
of poker, and often entertained visitors by
playing the piano.
Unpredictability and an outspokenness
that often startled people were trademarks,
as were the "press conferences" held as he
strode on his long walks untu arthritis slowed
him down.
Harry S Truman became a legend In his
own time, a man of small stature who none-
theless will always be regarded as a giant.
Cast for a time In the legendary role of
Atlas, he responded to the demands of hls-
tory-ln-the-maklng In the best tradition of
a Horatio Alger hero, and then Improved the
model.
It can truly be said that the world Is a
better place because Harry S Truman chose
to leave the Missouri farm of his parents aad
enter the world of statesmanship.
(From the Jackson (Mich.) Citizen Patriot
Dec. 27, 1972]
A Bit of Histort Lost in HST's Death
Harry S Truman's political friends and
foes agree that America lost a bit of its his-
tory In the death yesterday of the 33rd
president of the United States.
A colorful but humble man who left bis
Missouri farm home to enter politics, Mr.
Truman had the responsibility of the White
House thrust on him overnight with the
death of President Franklin D. Roosevelt
on April 12, 1945. The fiery man from Inde-
pendence was pushed onto the stage of world
statesmanship at a time when America, at
the time the mightiest nation In the world,
needed his courage and fearless leadership
to guide it through a critical period of world
history.
His great and difficult decisions always were
made In the Interest of the United States
and its place In the community of world
nations. And his actions and his policies laid
the foundation for world peace.
As was noted In this column on December
17 when Mr. Truman was tenaciously strug-
gling for life, he "had the courage to do what
he felt needed doing, often in the face of
challenge that would make other, more ordi-
nary mortals pale "
His career In the White House was marked
by unprecedented decisions— the atomic
bombing of Japan, the Marshall Plan, the
Berlin blockade airlift, the go-head for the
development of the hydrogen bomb — and
many more.
His mcst difficult decision? The dispatch
of U.S. troops to Korea In a "police action"
that kept Communist troops from advancing
past the 38th parallel.
Harry Truman was the last of the great
leaders of World War II— Stalin. ChurchUl.
deGaulle, Mac Arthur and Elsenhower — all of
whom preceded him in death.
World leaders in paying tribute to this
typical and extraordinary American, men-
tioned his lack of fear. 'This was Mr. Tru-
man's greatest quality as a president and
world leader. His disdain of fear contributed
to the building of a proud America. Regret-
fully, It is a trait that seems to be fading
from our society.
The free world grieves the passing of the
fiery Man from Independence, but It regards
him as a man whose life was complete. He
made it that way.
Mr. Triunan's courage, decisiveness. In-
tegrity and Judgment secure his place In
history. He was a man who "did what had
to be done."
Mr. Speaker, as we pay tribute to for-
mer President Harry S Truman, I would
like to take this opportunity to call at-
tention to an editorial in The State Jour-
nal of Lansing, Mich., of December 29,
1972, entitled "Truman Won Place in
History." This particularly emphasizes
the fact that President Ti-uman wa^ a
man destined by fate to become Chief
Executive of the most powerful Nation in
the world at one of its most crucial pe-
riods in histoiy. The editorial points out
that he moved swiftly to marshal na-
tional unity as World War II drew to its
conclusion. I commend this editorial to
the attention of my colleagues.
Truman Won Place in History
Former President Harry S Truman was a
man destined by fate to become chief ex-
ecutive of the most powerful nation in th
Januarij 9, 1973
CONGRESSIONAL RECORD— HOUSE
559
world at one of Its most crucial periods In
history.
The burden that fell on his shoulders In
April of 1945 was greater than that faced by
any president in this centurj'. He went on to
become one of the most respected world
leaders of our times. Now he is dead at age
88, and the nation mourns a truly outstand-
ing American.
Mr. Truman stepped into the shoes of
Frankliii D. Roosevelt at a time when a whole
feneration had grown up never having known
or remembered a previous president. There
were many wisecracks about "whatshisname"
in the White House and real concern about
tiow he would do.
From his very first day in office Mr. Tru-
man demonstrated that he was a leader and
not Just a little-known man from Missouri
who would be overwhelmed in the great
Washington mansion on Pennsylvania Ave.
He moved swlftb o marshal national
unity as World War -w to Its fien,^ con-
clusion. At the Pot& .1 Conference, fol-
lowing the end of the war in Europe, he put
Soviet leaders on quick and blunt notice
that he was no political novice.
The President made It clear to Joseph
Stalin that he would not tolerate any Com-
munist military ventures or expansion ambi-
tions. He backed it all up with the Marshall
Plan and a head-on confrontation In the
Berlin Blockade.
When North Korean Communist armies,
goaded by Stalin. Invaded South Korea In
1950, President Truman startled the Com-
munist world when he ordered Immediate
retaliation by U.S. armed forces, Stalin
never tested Mr. Truman's willpower again.
Mr. Truman was also a man who believed
that his title of Commander in Chief of the
armed forces meant exactly that. He risked
political disaster by dismissing the revered
and powerful Gen. Douglas MacArthur from
his command In a feud over Korean War
policy — and he made It stick.
In his campaign for re-election in 1948
Harry Truman was labeled a sure loser. Char-
acteristtcally, he charged out on the cam-
paign frail to tell his story to the people.
Everybody knows the results.
President Truman is remembered more
than anything else for his down-to-earth,
blunt confrontation with the people and
issues he faced. He tackled the mighty and
Joked with people on the streets, and pro-
vided the best description of his own Job
and philosophy when he said, "the buck
stops here!"
Harry Truman made that remark the
trademark of his career. Millions of Ameri-
cans and other people the world over mourn
him. History will not forget him.
Mr. NICHOLS. Mr. Speaker, the flags
in our Nation remain at half-staff today
as we continue to mourn the death of
Harry S Truman, the 33d President of
the United States.
It is extremely difficult, if not impos-
sible, for us to evaluate the Presidency
of Harry Truman; that will be up to the
historians of tomorrow. But during that
period from 1945 to 1952 when he served
his country in that high office, Harry
Truman gave our war-weary Nation a
leader— a plain but outspoken man that
almost every citizen of this country
could identify with.
Mr. Speaker, in recent days, we have
read many tributes to President Tru-
man. One of the finest I have read was
written by Charles Greer, the editor and
publisher of the Sylacauga, Ala., News.
I would like to submit Mr. Greer's edi-
torial ■for my colleagues reading and
evaluation :
The Nation Mourns
"When President Roosevelt died, I thought
there must be a million men better quali-
fied then I to take up the presidential task,
but the work was mine to do and I had to
do It and I tried to give It everything that
Is in me." — Harry S Truman.
So spoke the man who was destined to
become the 33rd President of the United
States, and who history will prove to have
been one of the most qualified and conse-
quential pre.sidents chronicled.
He Is dead now, this incorruptible man
who was only the tenth vice-president of
our country to be elevated to the position
of president. And during the almost eight
full years from 1945 to 1953 his actions
changed the face of history.
The rise of Harry Truman from farm boy
to President of the United States is a trib-
ute to the country which he served with
such fervor and dedication. Armed with only
a high school education (he failed to enter
West Point because of poor eyesight ) , he
worked as a time-keeper for a railroad,
wrapped papers for the Kansas City Star,
clerked Ui a bank and finally worked the
family' farm In Missouri after his father's
death.
World War I saw this young man rise to
the rank of artillery captain because of out-
standing leadership under the stress of bat-
tle. Then after this war. In partnership with
a fellow veteran, he again showed his abili-
ties by completely paying off debts incurred
by business failure at the age of 37 — though
it took some ten years to pay off a $20,000
debt.
It was then that Harry Truman turned to
"Big Tom" Pendergast and his powerful Mis-
souri political machine. Impressed with his
background, the 'machine' backed Truman
from county Judge to presiding Judge and
finally United States Senator.
It Is Interesting to note that during his
tenure as Judge, Harry Truman attended law
school that he might be more qualified for
tills position and also, the fact he was never
Involved in a political scandal — even when
Boss Pendergast was sent to the penitentiary.
He was, In fact reelected to the Senate as the
famous political machine was toppling.
Harry Truman first gained national atten-
tion when, as chairman of the now famous
Truman Committee he saved the country
literally billions of dollars with his commit-
tee's Investigation of the National Defense
Program.
Then, in 1944. when It was generally con-
ceded by the well informed that Franklin
Roosevelt might not live out a fourth term
in the office of president, his nomination (on
the second ballot ) to the vice-presidency was
tantamount to that of the presidency. It was
the first result of the national prominence he
had attained through his investigating com-
mittee.
Though it was only some 83 days later that
he was to become President of these United
States, in that short span of time he proved
as vice president, his ability as presiding offi-
cer over the Senate. He even voted (breaking
the tie) to continue lend-lease aid to
America's allies.
Now, In fact President, he was totally un-
prepared for the post. Tne war in Europe was
ending and he had little (If any) knowledge
of the late president's agreements at Yalta.
Vet he must go to Potsdam and attend a con-
ference that ended with an agreement among
allies that Japan must submit to uncondi-
tional surrender.
Indeed it did. But only after President
Truman made the momentous decision to
drop the atomic bomb (which he only learned
about after Roosevelt's death) first on Hiro-
shima and then Nagasaki.
It was following these war years that "give
'em hell Harry" became the man of the
hour — ^the man who destiny called to reshape
In part the world. The Truman Doctrine,
which called for United States resistance to
International aggression wherever it appeared
v.as bom. It gxiaranteed U.S. intervention
agalr.st the more insidious forms of Com-
munist atttick — propaganda. Infiltration and
sabotage. And It came at a time when Great
Britain had reached the point It could no
longer be the prime defender against the
Soviet aggressor In the Near East.
Next came the Marshall Plan, probably
the most noteworthy of the late president's
accomplishments. For the formula of this
plan called for the economic recovery lat
the cost oi billions of dollars to the United
States) of all war-injured nations. Accepted
by 16 nations (excluding the Communist
bloc). It worked.
His administration also helped draft the
North Atlantic Treaty Organization, (NATO)
lent Its support to Latin America, called for
the unification of the armed forces and cre-
ated the Department of Defense. His defeat
of the Berlin Blockade through the use of
the U.S. Air Force airlift was phenomenal
as the entire world watched the Soviet Union
finally back down in Its efforts to close off
the German city.
Of course Mr. Truman suffered setbacks.
He witnessed the collapse of the Chinese
Nationalist Government and the escape of
Chiang Kal Shek to Formosa. And his own
popularity waned with the firing of General
Douglas MacArthur over disagr;.'enient be-
tween the two men on how best to wage the
Korean War. Yet through all of this, the sign
on his desk remained — "The buck stops
here."
Harry Truman wanted to be elected Presi-
dent of these United States on his own —
and he was. True he received the nomination
by his party at his own insistence, but he
won — when every available poll said It was
Impossible. And though he was not Invec-
tive, he did have some fun as he mimicked
his severest critic H. V. Kaltenborn, who
when radio was In Its heyday, predicted Tru-
man's defeat right up to the finish.
And the president was reelected against
overwhelming odds because he threw away
the scripts — toured the country making
speeches at railroad stations and meetings
in the only language he knew, homespun
language. When he said, "the next four years
there will be a Democrat In the White House
and you're looking at him," he meant It . . .
sure did.
Many, many of Harry Truman's sayings
have been quoted over the years, but one
that will stay with us the longest, and one
that symbolizes the man as far as we are
concerned Is: "If you can't stand the heat,
stay out of the kitchen." Harry Truman could
stand the heat. And the country Is better
off for having him pass our way.
Mr. DORN. Mr. Speaker, we first came
to the Congress during the administra-
tion of President Truman; we knew him
and served under him. He was the em-
bodiment of some of our Nation's high-
est traditions. He came from a family of
pioneers who had moved to Missouri
from Kentucky, and he always repre-
sented the hopes and ideals of the Amer-
ican Heartland. Harry Truman knew
what it was like to plow the fields, and
he possessed in full measure the tradi-
tional rural American virtues of self re-
liance, honesty, dependability and self
respect.
Mr. Speaker, one cannot make a deci-
sion about the future unless he knows
the past. Like Washington and Lincoln,
what Tiiunan may have lacked in formal
higher education was more than made up
)60
)v his self-education in the university of
lard work and experience. Truman had
I strong sense of American histor>- and
le studied it all his life. He read a great
leal, and mastered the story of man
lown through the corridors of time.
His two great heroes were Andrew
Fackson and Robert E. Lee, and it has
Ightly been said that he combined the
iualjties of both of them. It was his
:ominonsense grasp of history and cur-
■ent events that enabled him immediate-
V to take control of the situation when
he Presidency was thrust upon him.
He barely knew where our armies were
vhen he took office, yet in spite of these
•ery difficult circumstances he became
)ne of our greatest Presidents. Truman
lad been Vice President for only 83 days
vhen President Roosevelt died, and had
aot been completely briefed on many
iTucial developments, including the de-
velopment of the atomic bomb. Once in
)ffice. he took command. His actions were
momentous and historic, including crush-
ng Japanese resistance and countering
.'ommunist aggression in Europe through
he Marshall plan, aid to Greece and
■^irkey and the Berlin airlift. His deci-
iions were characteristic of a man who
understood history and human naturei*>ership of several major reform move-
CONGRESSIONAL RECORD — HOUSE
January <?, 197 3
To Mrs. Truman, who has been by his
side through tne years of public serv-
ice, and to Mrs. Margaret Trimian
Daniel, we extend our deepest respect.
Mr. KLUCZYNSKI. Mr. Speaker, the
passing of Harry S Truman, 33d Presi-
dent of the United States, is an occur-
rence saddening to everyone familiar
with the extraordinary political career
of that most remarkable man.
It is no exaggeration to say that Harry
Truman earned for himself a place
among the elite guard of our presidential
greats. In every area he was knowledge-
able; in every act he was swiit and sure.
No more can be asked of a President of
the United States, except victory — and
Harry Truman provided victory, as well.
Moreover, Harry Truman was capable
of learning, in the midst of political tur-
moil. Elevated to the Presidency in the
final stages of World War II, he took
to the job in the manner of a man who
had been preparing for the experience
all his life.
Never before a diplomat, he joined In
inaugurating the United Nations, with
notable success; never before in a posi-
tion to implement his reform ideas on
a grand scale, he quickly assumed lead-
und who knew when it was the time to
i.ct. lie had a grasp of what the various
i.gencies of government were doing that
1 ew other Presidents have possessed.
Harry Truman was a master politician,
'he rough and tumble of Missouri poli-
1 ics had equipped and trained him to
hancjle the Nation's most demanding po-
sition. He understood that politics is
I asically shoe leather, hard work, and
handshakes.
No combination of slick public rela-
tiions and barrels of money could prevent
him from succe.-;.-;tully taking his ca.se to
1 he gpople. Through hard work and shoe
1 ^at^er, he won the most astounding up-
"^et in American history.
He fought hard in a partisan way, but
dnce in oflBce he put the country first and
( ooperated fully with the other party,
'ruman entered public life relatively late
i 1 life, after distinguished World War I
s ervice in Europe. Because of his reputa-
tlon for honestv and reliability he was
i ndOEsed by the Kansas City political or-
l anization, which needed a man of un-
c uestioned integrity to lead the ticket. In
lis entry into politics he was strongly
5 upported by the men of his World War I
Ixal Teglment. His word was his bond.
It was characteristic oi Harry Truman
t lat after an earlier business reverse he
I ad refused to claim bankruptcy, but in-
sisted on paying all his debts, even
tfiough it took him years to do so.
Pre??ident Truman was one of the great
ihen of our time. He was dedicated to the
I residency. He exalted the office, and
\ -ould do nothing that would demean it.
] le zealously guarded the prerogatives of
tpe Chief Executive's office.
His honesty and integrity, sense of his-
ttory. and the traditional virtues of rural
i .merica never left Harry Truman. He
(id his duty to the Nation and while
I 'resident made some of the most far-
leaching and momentous decisions ever
riade affecting the Nation's future. His-
tary will rank Harry S Truman among
1 he great Presidents of all time.
ments; never before a farmer, in the
literal sense, he took on the task of sus-
taining wartime agricultural prosperity
in the postwar world, and confronted
for the first time by the tidal wave of
world communism, he met the challenge
in the manner of a champion.
No person with interest either in do-
mestic or foreign affairs can easily for-
get the work of Harry Truman, with re-
spect to the rescue of postwar Western
Europe. In no time at all, following the
war, Poland went Communist: then Ru-
mania, Czechoslovakia, Albania, Latvia,
Estonia — meanwhile, the Communists
were also winning votes in Prance and
Italy, while England, crippled by the
rigors of war, stood by helplessly, unable
to intervene.
At this point. President Truman, with
the guidance of George C. Marshall and
the heartfelt support of the American
people, came forward with the famed
Marshall plan. This was enough to close
the floodgates in the face of the Com-
munist wave and sustain the cause of
democracy in the West.
Starving Europe became the recipient
of American food and other goods: the
French and German economies revived:
also those of Italy, the low countries, and
Scandinavia. In short time, commimlsm
was checked and held fast. Never before
was so monumental a victory, affecting
the entire world, attributable to the Iron
will of one leader and the Immediate re-
sponse to one community. The leader, of
course, was Harry S Truman: the com-
munity : the great mass of the American
people. They made a great and mighty
team of which America could well be
proud.
I take this occasion to express my ad-
miration for the late Harry S Tiniman.
one of the outstanding Presidents of our
national career.
Mr. BENNETT. Mr. Speaker, our
country and the future of mankind weVe
greatly assisted by the excellent leader-
ship of the late and much beloved Presi-
dent Harry S Truman.
It was my good fortune to know our
late President well. I came to Congress
at the time when he was inaugurated in
1949. While he was President, and
afterward, we frequently corresponded
and met together in the friendly and
vigorous exchange for which he was so
famous. This wail always be a thing
for which I will be grateful to him. I
join my colleagues here today in sending
our deepest sympathy to his beloved
wife and daughter and others of their
family.
Mr. O'NEILL. Mr. Speaker, I join my
colleagues today in rising to pay tribute
to a distinguished President and an out-
standing American, Harry S Truman.
One of the most conscientious and dy-
namic Presidents, Harry s Truman ex-
hibited a pugnacious spirit that not only
characterized his tenure in the White
House, but indeed, exemplified his whole
life. As a young Senator from Missouri,
as 'Vice President, and later as Presi-
dent, Harry Truman consistently fought
for the ideals ^'hich this Nation holds
dear.
To chronicle all his important achieve-
ments as President would still not do
him the horitr and justice he deserves.
Harry Truman had to assume the mantle
of the Presidency during one of the dif-
ficult periods in our Nation's history. The
United States was in the middle of the
most devastating and horrifying wars of
all time. Yet, President Trimian always
kept the interests of our Nation upper-
most in mind when he sat down with
other eminent leaders of his day at Pots-
dam or when he made that difficult de-
cision to drop the atom bomb. His per-
sonal courage and integrity in fulfilling
the duties of the great Office of President
are unparalleled.
The Truman doctrine, which bears his
name, served to inform our allies all
over the world that America would stand
by them in defense of freedom and self-
determination, and made emphatically
clear to our enemies that the United
States would never tolerate the unwar-
ranted and insidious spread of commu-
nism. The Marshall plan of economic as-
sistance to rebuild an impoverished Eu-
rope following the holocaust of World
War n was inaugurated during his ad-
ministration and enabled the nations of
Europe to live in dignity and peaceful
coexistence.
To those of us in this chamber who
knew and admired him, Harry S Tru-
man, the 33d President of the United
States, will continue to be remembered
as the beloved President he was. and as
an American who represented the values
of courage and decency by which he
lived, both in his family and public life.
We all mourn the passing of this great
leader, and Mrs. O'Neill joins me in ex-
pressing heartfelt sympathy to members
of the late President Harry S Truman's
family.
Mr. FLOWERS. Mr. Speaker, today we
in the House of Representatives pay
tribute to a man whom history is des-
tined to record as one of the trulv
courageous Am.ericans of all time, our
late Pre.~ident HariT S Truman.
President Truman will be remembered
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
561
as the champion of the underdog and the
downtrodden. His place in history is as-
sured by the momentous and often diffi-
cult decisions he had to make during his
administration. But, perhaps he will best
be remembered for his fighting spirit.
For in this attribute, which he possessed
so fully, he was probably of all of our
Presidents the most exemplary of the
great American people that he led. In
this great trait of his individual char-
acter, we could all find identity of na-
tional purpose so needed at the particu-
lar time.
A short time after he was sworn in fol-
lowing the death of President Roosevelt,
he gave this insight into the Presidency :
within the first few months I discovered
that being a President Is like riding a tiger.
A man has to keep on riding or be swallowed.
President Truman definitely was not
swallowed by the job. He rode whatever
tiger came along.
Thanks be to God that such a man
was there to succeed to the job when fate
called upon him to do so. Let us hope
and pray that oui' country will continue
to produce men like Harry Truman to
lead us in future times of crisis.
GENERAL LEAVE
Mr. RANDALL. Mr. Speaker, I also ask
unanimous consent that all Members
may have 5 legislative days in which to
extend their remarks on the life, char-
acter, and public service of our former
President, Mr. Harry S Truman.
The SPEAKER pro tempore. Is there
objection to the request of the gentle-
man from Missouri?
There was no objection.
THE S9 BILLION "QUICK YIELD"
TAX REFORM BILL TO EASE FIS-
CAL 1974 BUDGET
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from Wisconsin (Mr. Reuss) is
recognized for 30 minutes.
Mr. REUSS. Mr. Speaker, I introduce
for appropriate reference H.R. 967, which
would raise $9 billion annually in addi-
tional revenues by closing eight tax loop-
holes. This "quick yield" tax reform
package is sponsored by the following
list of 55 Members:
LIST OF SPONSORS
Les Aspin of Wisconsin.
Herman Badillo of New York.
Bob Bergland of Minnesota.
Jonathan B. Bingham of New York.
John Brademas of Indiana.
Charles J. Carney of Ohio.
Shirley Chlsholm of New York.
John Conyers, Jr. of Michigan.
Charles Dlggs, Jr. of Michigan.
John D DingeU, of Michigan.
Robert P. Drlnan of Massachusetts.
Thaddeus J. Dulskl of New York.
Bob Eckhardt of Texas.
Don Edwards of California.
Joshua Ellberg of Pennsylvania.
Walter E. Pauntroy of the District of Co-
lumbia.
Daniel J. Flood of Pennsylvania.
WUiiam D. Pord of Michigan.
Michael Harrington of Massachusetts.
Ken Hechler of West 'Virginia.
Floyd V. Hicks of Washington.
Robert W. Kastenmeler of Wisconsin. •
Edward,!. Koch of New York.
Peter N. Kyros of Maine.
William Lehman of Florida.
Clarence D. Long of Maryland.
Ray Madden of Indiana.
Lloyd Meeds of Washington.
Pafey T. Mink of Hawaii.
Parren J. Mitchell of Maryland.
John J Moakley of Massachusetts.
William S. Moorhead of Pennsylvania.
Jo.hn E. Mo&s of California.
Lucien N. Nedzl of Michigan.
Robert N. C. Nix of Pennsylvania.
David R. Obey of Wisconsin.
Bertram L. Podell of New York.
Melvln Price of Illinois.
Thomas M. Rees of California.
Henry S. Reuss of Wisconsin.
Peter W. Rodlno, Jr. of New Jersey.
Benjamin S. Rosenthal of New York.
Edward R. Roybal of California.
Paul S. Sarbanes of Maryland.
John F. Selberllng of Ohio.
James V. Stanton of Ohio.
Fortney H. Stark of California.
Louis Stokes of Ohio.
Gerry E. Studds of Massachusetts.
James W. Symington of Missouri.
Robert O. Tiernan of Rhode Island.
Jerome R. Waldie of California.
Charles H. Wilson of California.
Gus Yatron of Pennsylvania.
Clement J. Zablockl of Wisconsin.
There are two reasons for introducing
H.R. 967 early in the session.
First, we need the revenue in fiscal
1974. In 3 weeks, the President will send
his 1974 budget to Congress. While the
budget will no doubt be made to balance
on a "full employment" basis, with a
probable spending request of $270 biUion
and receipts unlikely to exceed $250 bil-
lion, the unified budget deficit will be
around $20 billion. This deficit comes on
top of 3 years with aimual deficits in the
neighborhood of $25 billion, and bears
out projections by the Brookings Institu-
tion and the American Enterprise Insti-
tute that the imified Federal budget is
unlikely to balance before 1977. if then.
President Nixon says that expenditures
must be cut in order to avoid inflation, on
the one hand, or a general tax increase,
on the other.
But there is another solution. Rather
than cut deeply into our social services
programs — as Mr. Nixon proposes to do —
we could avoid inflation by plugging the
tax loopholes which permit wealthy in-
dividuls and large corporations to shift
part of their fair share of the costs of
Government to low- and middle-income
taxpayers. H.R. 967 could raise $9 billion
In fiscal 1974 by repealing or reducing
eight tax preferences. These additional
revenues could help maintain a more
adequate level, of social spending and —
above all— prevent a general tax increase
in the near future, without endangering
the "full employment" budget balance.
Second, a sound budget process de-
mands that we examine tax expenditures
at the same time we plan appropriations.
Tax preferences are just as expensive as
direct grants : they should be scrutinized
at the same time and just as carefully as
appropriations. Should corix)rations be
given tax breaks of $5 to $6 billion to
carry on business as usual, while the
President halves the funds authorized for
water pollution control? Should the
Treasury lose $100 million a year giving
rich people a special discount rate on the
first $50,000 of capital gains while funds
for education are cut by 10 percent — as
the President announced in December?
Should we continue to dismiss tax l(X)p-
hole income — oil depletion, stock options,
and so forth — with a 4 percent effective
minimum tax while manpower programs
are slashed? Early consideration of H.R.
967 will force Congress to make these
trade-offs deliberately.
H.R. 967 is not a comprehensive tax
reform bill It contains only provisions
which have been considered recently by
Congress and hence can be acted on
without delay. The "quick-yield" bill
makes the following reforms:
First. Tightens capital gains taxes: Re-
peals the 25 percent alternate rate on the
first $50,000 of capital gains, increases
the corporate capital gains rate from 30
to 35 percent, and extends the capital
gains holding period from 6 to 12 months.
Second. Taxes capital gains trans-
ferred at death or by gift.
Third. Repeals the accelerated asset
depreciation range system.
Fourth. Provides Federal subsidies for
interest on optional taxable State and
local bonds.
Fifth. Taxes foreign income of U.S.
corporations on a current basis instead of
permitting deferral of tax until the in-
come is repatriated.
Sixth. Tightens taxes on income from
oil and gas wells: Reduces percentage
depletion from 22 to 15 percent, and re-
quires capitalization of intangible drilling
and development costs.
Seventh. Reduces the amount of farm
losses which may be written off against
nonfarm income.
Eighth. Tightens the minimum tax on
preference income: Raises the nominal
rate from 10 to 20 percent, lowers the
income exemption from $30,000 to $12.-
000, and abolishes the deduction for
other Federal taxes paid on regular
income.
All together, these pro\asions would in-
crease the tax burden about equally on
individuals and corporations. The pro-
visions affecting individuals would raise
more revenue— both as a dollar total and
on a per capita basis — from taxpayers —
or nontaxpayers— with adjusted gross
income of 3100,000 and up than from any
other bracket.
SECTION-BY-SECTION ANALYSIS OF H.R. 967
TITLE r — CAPITAL CAINS OF INDIVIDUALS AND
CORPORATIONS ANNfAL REVENUE GAIN: .S700
MILLION
When real estate, shares of stock, and
other forms of property increase in
value, the increase is subject to tax as a
capital gain. However, the capital gains
tax rate on "long-term" gains is only
half that for ordinary income in the case
of individuals and five-eighths that for
ordinary income in the case of corpo-
rations.
This title would make three changes
in the tax treatment of capital gains:
First. The code provides the option
of paying a maximum of 25 percent on
the first $50,000 of capital gains. This
option benefits taxpayers in brackets
with marginal rates of 51 percent and
over — according to Treasury statistics,
individuals with adjusted gross incomes
of over $100,000 — who would otherwise
be paying capital gains rates of up to
35 percent.
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CONGRESSIONAL RECORD — HOUSE
January 9, 1973
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
563
The quick-yield bill closes this loop-
he le by repealing the 25-pecent option.
Tlie revenue gain from this one change
is estimated at SlOO million a year.
Second. Corporations have a lower
m iximum capital gains tax rate than
inli\1duals: only 30 percent. In the past,
capital gains for individuals and corpo-
ra :ions have been subject, usually, to the
.'iaTf^ maximum tax.
This bill would reestablish parity be-
.\|een individuals and corporations by
.sing the maximum corporate capital
rate to 35 percent. The revenue
gain from this one change is estimated
at S300 million a year.
rhird. Only "long-term" capital gains
qualify for capital gains tax treatment.
"Long-term" gains are presently defined
as assets held for 6 months or more. In
19p9. the House voted to extend the hold-
period to 12 months, on the grounds
6 months is too short a period to
diltinguish speculation from genuine in-
ro Tie-producing investment, but the pro-
vii ion was dropped in conference.
3.R. 967 lengthens the holding period
12 months, with an estimated armual
'enue gain.
th le ii — c.\in on cert.ain property tp.ans-
1 erred .at death or bt gift. annual revenue
( -Mn; S2 billion
Some capital gains — those on prop-
er y transferred at death — are never
ta ced at all.
riere is how it works. Suppose a tax-
pa ver bought some stock in a small elec-
tmnics company for $50,000 in 1962. The
CO npany has flourished and the stock is
uciv worth $150,000. If he sells it, he will
have to pay a capital gains tax on the
SI )0.000 increase in value. If he is in the
hi ;hest 70 percent tax bracket, this
mi ans a tax of $30,000—25 percent of the
fir ;t $50,000 — under current law — plus 35
pe -cent of the second $50,000.
:f he gives the stock away, he pays no
ca )ital gains tax, but the recipient will
have to pay a capital gains tax on the
tojal gain when he sells the stock in his
n.
:f the owner of the stock neither sells
gives his stock but passes it on to
heirs, neither he nor his heirs will
;r have to pay income tax on the in-
in value. The heirs will have to
capital gains taxes on any increase
the value of the stock beyond SI 50.000
they later sell it. but that is all.
The greatest beneficiaries of this loop-
obviously, are those with large
an^ounts of accumulated wealth to pass
to the next generation.
rhe Treasury Department in Decem-
1968, called for an end to this loop-
recommending that the increase in
ue of assets be taxed when they are
transferred at death or by gift — see "Tax
Reform Studies and Proposals", pub-
li.s led in three volumes on February 5,
19 39, by the House Ways and Means
Ccmmittee and tlie Senate Finance
Committee, pages 331-351.
The present system of not taxing ap-
pr relation on assets transferred at death,
th ; Treasury said, "is grossly inequitable
an d substantially impairs the progressiv-
ity of the tax structure."
n addition, the Treasury estimated,
it allows at least $15 billion in capital
tu
nor
liiii
ev
crtase
gains to fall completely outside the in-
come tax system each year.
Furthermore, it has "undesirable eco-
nomic effects, particulEirly in cases of
older people":
"Assets become immobilized; investors
become "locked in" by the prospect of
avoiding income tax completely if they
hold appreciated assets imtil death
rather than selling them. This freezing
of investment positions deprives the
economy of the fruits of an unencum-
bered flow of capital toward areas of
enterprise promising larger rewards."
In its August 2, 1969, Report on the
1969 Tax Reform Act, the House Ways
and Means Committee said that "the
time available" did not permit the inclu-
sion of reform measures relating to the
problem of the tax treatment of property
passing at death. However, the report
went on, the committee would "under-
take to study" this problem as soon as
possible, "with the expectation of report-
ing out a bill on this subject in this
Congress." '
More than 2'2 years later, in an inter-
view in the February 26, 1972, issue ox
Business Week. Ways and Means Com-
mittee Chairman Wilbur Mills again
singled out capital gains at death as one
of the "problem areas" in the estate and
gift tax system, and raised the question
of "whether we should continue to let
an individual give away everything he
has at death and avoid taxes on anv
of it."
The time is overripe for action on this
loophole. H.R. 967 treats property trans-
ferred at death as if the decedent had
sold it at death. An income tax would be
imposed on the capital gain and the tax
would be treated as a debt of the dece-
dents estate. It would thus be deductible
from the gross estate for estate tax pur-
poses and would reduce the estate tax
liability.
Small estates — those imder $60,000—
would be exempted, and there would be
additional exemptions for personal and
household effects, transfers to a spouse,
and to orphans. Small family businesses
would be protected against undue hard-
ship by a liberal extension of the time
for payment.
In order to avoid giving an artificial
incentive for lifetime gifts, the gain on
appreciated property transferred by gift
would also be taxed at the time of
transfer.
TITLE m DEPRECIATION REVISION ANNUAL
REVENUE CAIN: $3 BILLION
The tax law allows businesses to de-
duct from their taxable income every
year a "reasonable allowance" for the ex-
haustion, wear and tear, and obsolescence
of property used in the business. Until
1971, Treasiu-y rules required that these
deductions for depreciation be spread
over the actual useful life of the prop-
erty. Businesses could not write off prop-
erty for tax pui poses faster than they
were actually replacing it.
In 1971, however, the Treasury changed
its rules to permit businesses to write off
their plant and equipment 20 percent
faster than before, whether the property
was actually depreciating that fast or
not. These larger deductions, of course,
meant lower tax bills for businesses. Late
in 1971, Congress wrote this asset de-
preciation range — ADR — system of 20-
percent depreciation speed-ups into
law — Revenue Act of 1971, Public Law
92-178, December 10, 1971.
The ostensible reason for initiating the
ADR system was to encoui'age businesses
to invest in new plant and equipment.
But in addition, the 1971 Revenue Act
reinstated the 7 percent investment tax
credit, which has the same purpose as
ADR, so that retaining both provisions
results in wasteful over-kill: a tax reduc-
tion for corporations totaling in many
cases about 10 percent.
H.R. 967 would repeal ADR, thus going
back to the pre-1971 depreciation system.
TITLE rV STATE AND LOCAL BONDS ANNUAL
REVENUE gains: S150 MILLION
The interest on State and local bonds
has been tax-free ever since the original
income tax law of 1913. As a matter of
fact, taxpayers need not even report this
income on their tax returns.
As a consequence. State and local
bonds have been a favorite investment
for the very rich and for corporations.
Although the average taxpayer perceives
no great advantage in buying tax-free
nninicipal bonds paying 4 percent inter-
est when he can get taxable corporate
bonds paying 7 percent, tax-free interest
begins to look better and better as a tax-
payer's marginal tax bracket gets up
around 42 percent.
This tax exemption does, however,
have one important redeeming fea-
ture—it enables hard-pressed States and
cities to raise money for schools, roads,
sewage treatment plants, hospitals, and
other essential public facilities at rela-
tively low interest rates. Simply taxing
the interest on municipal bonds, there-
fore, would force mimicipalities either to
pay higher interest rates — which few of
them could afford — or to forego badly
needed public improvements.
Understandably, States and localities
have strongly opposed taxing the inter-
est on their bonds. H.R. 967 would not
require that this interest be taxed. States
and localities could continue to issue tax-
free bonds, but they would be given the
additional option of issuing taxable bonds
and receiving from the Federal Govern-
ment an interest subsidy to make up for
the higher interest rate they would have
to pay. This Federal subsidy could go as
high as 40 percent of the total interest
paid — the Secretary of the Treasury
would determine the exact percentage at
the beginning of each calendar quar-
ter— and there would be no strings
attached.
The Treasury would still come out
ahead on the deal, since it now loses far
more revenue by failing to tax the in-
terest on municipal bonds than States
and localities save in lower borrowing
costs. An estimate cited by the House
Ways and Means Committee in 1969 put
the savings to States and localities at
only $1.3 billion a year, while the annual
revenue loss to the Federal Government
was estimated at $1.8 billion. Other es-
timates of the disparity between interest
saving and revenue loss have been even
higher, approaching a ratio of 2 to 1. It is
therefore reasonable to estimate a rev-
enue gain of $150 million a year from
the proposal.
In addition to bringing in more rev-
enue and closing off a loophole from
which only a small number of wealthy
investors can benefit, this provision
would also make it easier for States and
localities to market their bonds. Tax-free
municipals must now be sold in a fairly
limited market, consisting almost en-
tirely of very wealthy individuals, banks,
and other financial Institutions. By mak-
ing it possible for these bonds to be sold
at higher federally subsidized, interest
rates, H.R. 967 would make them attrac-
tive to a far wider spectrum of the invest-
ing public. With more buyers available,
the market would not be as tight and
there would be less upward pressure on
municipal bond interest rates.
The House approved this provision in
1969, when it was part of the House ver-
sion of the 1969 Tax Reform Act— H.R.
13270, sections 601 and 602. It was
dropped in conference.
TITLE V FOREIGN CORPORATIONS ANNUAL
REVENUE gain: S2.50 MILLION
The income of foreign subsidiaries of
U.S. corporations is not taxed by the
United States until it is returned to the
parent corporation or corporations in
this country. This usually means that the
tax on this income is deferred for many
years, and in some cases the income may
never be taxed at all.
In addition to costing the Treasury
more than $250 million a year in lost
revenue, this provision gives U.S. corpo-
rations an artificial incentive to build
plants abroad and export American jobs.
A U.S. firm faced with a close decision on
whether to build a plant in this coimtry
or abroad may well decide to build in a
foreign country in order to get the tax
deferral benefits of present law. The
Federal Government is in effect giving
them an interest-free loan if they Invest
abroad.
H.R. 967 would close this loophole by
taxing this foreign subsidiarj' income on
a current basis. Only "controlled" for-
eign corporations — those with more than
half of their stock held by American cor-
porations— would be covered. Each
American corporation holding more than
10 percent of a controlled foreign corpo-
ration's stock would have to include in
its U.S. tax return each year its pro rata
share of the foreign corporation's earn-
ings and profits for that year.
TITLE VI — INCOME DERIVED FROM EXTRACTION OF
OIL AND GAS — ANNUAL REVENUE GAIN: $800
MILLION.
The oil and gas companies — even more
than other extractive industries — are
blessed with two major tax breaks which
permitted major oil companies to pay
an average U.S. income tax in 1971 of
only 6.7 percent.
The first break — percentage deple-
tion— allows oil companies, oil investors,
and oil land and royalty owners to write
off 22 percent of their oil income each
year. In theory, this deduction is com-
pensation for the decreasing quantity of
oil left in the well. But depletion can be
claimed everj' year throughout the life of
the well; thus total depletion is often
deducted three or four times over. Oil
depletion deductions are taken in addi-
tion to normal business deductions for
depreciation of capital assets.
In 1969, the depletion allowance was
reduced by Congre.ss from 27 '2 percent
to 22 percent. The provision should be
repealed altogether. However, in order to
prevent a possible price increase by the
oil companies. H.R. 967 only lowers it to
15 percent, the depletion allowance cur-
rently allowed for gold, silver, copper,
iron ore, and shale oil. As in the case of
these metals and shale, percentage de-
pletion for oil and gas income is limited
by H.R. 967 to deposits within the
United States.
The revenue gain from this one change
is estimated at $400 million annually.
A second and even more advanta-
geous tax break is the current deduction
for intangible drilling, exploration, and
development costs. While tangible
costs — acquisition of derricks, pipes, and
so forth — must be capitalized and de-
ducted gradually according to a depre-
ciation schedule, intangible costs — sal-
aries, rentals, fuel, and so forth — which
may come to as much as 75 percent of
total development cost, may be deducted
at once. In theory, this provision post-
pones rather than waives the tax. But
since the oilman promptly reinvests the
income sheltered by the deduction into
new oil enterprises, the tax is deferred
indefinitely. And meanwhile, the Gov-
ernment is furnishing the oilman an
interest-free loan.
H.R. 967 requires normal business ac-
counting procedure — capitalization and
gradual depreciation of the intangible
costs involved in oil and gas exploration.
The revenue gam from this one provi-
sion is estimated at between $400 and
$800 million a year.
TITLE VII-
-FARM LOSSES — ANNUAL
gain: SlOO MILLION
REVENUE
Under current law, farmers are al-
lowed to use more liberal accounting pro-
cedures than those used by businesses.
First, farmers are allowed to deduct cer-
tain capital costs as a current expense
and second, farmers may deduct oper-
ating costs as incurred, rather than use
inventories in determining Income and
deductions.
These accounting procedures provide
a generous tax shelter for wealthy people
whose principal source of income is non-
farm., but who maintain a farm, or part
ovMiership in one, to manufacture losses
which can be used to offset nonfarm in-
come. The greatest tax benefits are de-
rived from cattle breeding, nut and fruit
groves, and vineyards.
Neither the excess farm losses reform
nor the hobby losses limitation, both en-
acted in 1969. deal with the problem ade-
quately. Treasury figures still show some
$100 million in taxes e.«;caping annually
through special faim accounting rules to
taxpayers with adjusted gross incomes
of $50,000 and up.
H.R. 967 would do the following: If a
taxpayer with both farm and nonfarm
income opts to follow normal business
accounting for his farm, he may write
off as much of his excess farm losses
against nonfarm income as he hkes. If
he chooses instead the farm accounting
procedures, he may take the higher of
$15,000 — reduced by every dollar of non-
farm income in excess of $15.000 — or cer-
tain special deductions — taxes, mortgage
interest, natural catastrophes, certain
recognized losses — and write off no more
than that amount of farm losses against
nonfarm income. Real fanners are pro-
tected by the $15,000 allowance, while
"tax farmers" are forced to choose be-
tween running the farm as a bona fide
business enterprise and limiting the
amount of sheltered nonfarm income.
TITLE IV MINIMUM TAX FOR TAX PREFER-
ENCES ANNUAL REVENUE GAIN: $2 BILLION
The 1969 Tax Reform Act contained a
"minimum tax" provision which was in-
tended to deal with the problem of very
wealthy persons who paid little or noth-
ing in Federal income taxes. There were,
for example, 155 persons with reported
incomes for 1967 in excess of $200,000
who paid no Federal income tax at all
for that year, and the number rose to
222 for 1968 and 301 for 1969. Many
other wealthy individuals pay only a
small fraction of their income in taxes.
The minimum tax has had some im-
pact, but not enough. There were still
112 persons with reported incomes in ex-
cess of $200,000 who paid no Federal in-
come tax for 1970, the first year in which
the minimum tax took effect. What is
more serious, however, is that the 18,646
taxpayers who were affected by the mini-
mum tax in 1970 paid it at an effective
rate of only 4 percent. The figures for
1971 are not yet available.
There are two reasons for the low ef-
fective rate of the minimum tax. First,
only certain specified "tax preference"
items are subject to the tax:
First. Accelerated depreciation on real
property and on personal property sub-
ject to a 'net lease — the excess of ac-
celerated depreciation over straight-line
depreciation;
Second. Amortization of certified pol-
lution control facilities and railroad roll-
ing stock — the excess of special 5-year
amortization over normally allowed de-
preciation:
Third. Stock options — the excess of the
fair market value of the stock at the time
of exercise over the option price;
Fourth. Reserves for losses on bad
debts of financial institutions — the excess
of the Institution's fixed-formula bad
debt reserve over its actual bad debt loss
experience;
Fifth. Depletion — Oil and other min-
eral depletion allowances to the extent
they exceed the actual cost of acquiring
and developing the property ;
Sixth. Capital gains — One-half of capi-
tal gains for individuals and three-
eighths for corporations.
A great many other items generally
considered to be tax preferences are not
covered by the minimum tax. including
intangible oil and gas drilling expenses,
tax-exempt bond interest, the unreal-
ized appreciation on property contributed
to charity, and excess farm losses.
Second, the taxpayer's total tax pre-
ference income must exceed $30,000 plus
the amount of income tax he pays on his
regular, nonpreference income before the
minimum tax is even assessed. And then
the minimum tax rate is only 10 percent,
about what a married couple filing sep-
arately would pay on a total family in-
come of $12,000.
The minimum tax brought in only
564
SI 16.9 million in 1970. according tO;
Treasury figures. H.R. 967 would raise
a n additional $2 billion a year by making
t le f oljowing changes in the minimum
tfLX :
First. Eliminate the deduction present-
ly allowed for for the amount of tax paid
tfi regular, nonpreierence income.
Second. Reduce the exemption of pref-
erence income from $30,000 to S12.000.
Third. Increase the minimum tax rate
•om 10 to 20 percent.
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CONGRESSIONAL RECORD — HOUSE
January 9, 1973
THE VOLUNTARY MILITARY
SPECIAL PAY ACT OF 1973
The SPEAKER pro tempore. Under a
vious ordeirof the House, the gentle-
from Wisconsin 'Mr. Steiger) is
r^ognized fcr 15 minutes.
Mr. STEIGER cif. Wisconsin. Mr.
Speaker, I am pleased to once again
>m with two distinguished members of
Armed Services Committee, Mr.
ETT and Mr. Bob Wilson, and with
leader in the effort to end the draft.
Matsunaga. in introducing the
"\4oluntai-y MiUtary Special Pay Act of
1P73.
Under the leadership of Chairman
EBERT and the Armed Services Com-
nlittee. ihe 92d Congress took many im-
jrtant steps toward eliminating con-
a ripticn. The recruiting forces were up-
g -aded. ROTC scholarships were ex-
p inded, an extensive medical training
p rogram was enacted, and a competitive
piy scale for first term servicemen was
aiiLhorized.
The new pay scales were designed for
comparability to similar occupations in
the civiian sector. The principle rep-
r(sented an important reversal in post-
V'orld War II military compensation
p )Ucy. As a result of Public Law 92-129,
the draft will no longer be used to force
)ung men to serve at poverty level
w ages. The costs of national defense will
b ; borne by the taxpayers in general,
n )t disproportionately by the minority
o young men selected for military
service.
A FLEXIBLE APPROACH TO PERSONNEL
MANAGEMENT
The Voluntary Military Special Pay
Afct of 1973 is the final compensation
rreasure in the volunteer force package.
In general, regular military pay rates
will be sufficient to attract the quantity
a: id quality of men needed to fill man-
p )wer requirements in the absence of the
d -aft. At all times, however, there will be
certain highly skilled occupations which
c< immand a premium wage in the civilian
e< onomy. Regular military compensa-
ti)n — which is strictly tied to rank and
tiTie in sen ice — does not provide the
fl 'xibility needed to attract individuals
w.th unusually high aptitudes or civil-
ian-acquired training. Civilian employ-
ei s have long used special incentives —
a >ove and beyond entry level pay — to
a tract high caliber personnel. The
a: med services have also used t^s prin-
ciple to improve retention. Th^Volun-
t£ ry Milltari^pecial Pay Act establishes
a special incentive authority for military
enlistment programs, and refines present
lar\- to Improve career reenlistment rates.
I should like to briefly highlight the
key provisions of the bill. The selective
reenlistment incentive will provide a
flexible tool for retaining skilled person-
nel. It will actually save money, by en-
abling the services to terminate the regu-
lar reenlistment bonus, which is now be-
ftig spent unwisely in overmanned skills.
Naturally, "save pay" provisions will be
in effect for personnel already onboard.
As the gentleman from Texas <Mr.
Fisher I noted during last year's hear-
ings, the selective approach represents
a significant innovation, as it moves
away from the concept of pay by gi-ade.
and bases compensation upon occupation
and performance. In the long run. this
concept can be developed to greatly re-
duce personnel costs with no loss in real
strength.
Second, the bill provides enlistment
. incentives for the active duty forces.
Legislation now on the books grants this
authority only for the combat arms. Yet
every time we hear an argument on the
need for the draft, we are told that there
will not be enough quality accessions
without the induction authority to fill
technical requirements. The Special Pay
Act will preclude this problem from
arising, by giving the Secretary of De-
fense the authority to compensate skilled
young men at rates comparable to those
offered by civilian employers.
Third, similar enlistment and reen-
listment provisions are established for
the reserve forces. On June 29, 1971, I
introduced legislation designed to at-
tract and retain sufBcient personnel to
meet our standby manpower require-
ments. At that time, I noted that the
heavy reliance on the draft by these
forces was obvious to all — and that there
should be no delay in implementing cor-
rective measures. Since that time, these
forces have fallen more than 50.000
below congressionally mandated mini-
mum strengths. We shall eliminate these
shortfalls by offering a more flexible set
of incentives — and by a more vigorous
recruiting effort, combined with im-
proved training programs for weekend
and summer drills.
Finally, the bill establishes rates of
compensation for military physicians,
designed to end the doctor draft. The
Special Pay Act will make it possible
for members of the medical profession
to choose a meaningful career in the
military, without suffering a serious
financial penalty.
SUPPORT FOR THE VOLUNTARY MILITART
SPECIAL PAY ACr
The House of Representatives ap-
proved this legislation during the 92d
Congress by the overwhelming margin
of 337 to 35. It has earned the support
of the Department of Defense, the mili-
tary services, the House Armed Services
Committee, the Reserve Officers Associa-
tion, and the National Guard Associa-
tion. Pi-esident Nixon, in his historic Au-
gust 28, 1972 pledge to end the draft, un-
derscored the importance of the Special
Pay Act.
The Senate was unable to take up the
bill prior to adjournment. I am con-
fident, however, that the 93d Congress
will speedily approve this most Impor-
tant bill.
In conclusion, Mr. Speaker, I wish to
commend the gentleman from Florida
(Mr. BENNETT! for his leadership and
initiative in the effort to end the draft.
I urge my colleagues to join in support-
ing the Voluntary Military Special Pay
Act of 1973.
I include testimony in support of the
Special Pay Act by Assistant Secretary
of Defense Roger T. Kelly which appears
immediately following my remarks. The
budgetary data has been revised by the
Defense Department to reflect fiscal
year 1974 figures:
Statement by Roger T. Kelley. Assistant
Secretary of Defense ( Manpower and
Reserve Affairs) Before Subcommittee
No. 2. House Armed Services Committee
September 25. 1972
Mr. Chairman and Members of the Sub-
committee ■
It is always a privilege to appear before
this Subcommittee. In my many appear-
ances here. I am always bolstered by your
support and enriched by yo\ir counsel which
Invariably produces better program results
than Lf we relied solely upon our own ideas
and judgments.
In my several appearances relating to eli-
minating the draft and moving to an All-
Volunteer Force, you cautioned against ac-
cepting a volunteer force whose cutting edge
was any less sharp than that of the existing
force. You cautioned against trying to "buy"
a volunteer organization by offering costly
financial Incentives while neglecting Issues of
force management. Job challenge, effective
training and motivation of people. We have
been guided by your cautions and I believe
have strengthened our military organization
in the process.
Now we are within reach of eliminating re-
liance on the draft, and of achieving an All-
Volunteer Force composed of 2.3 million
active duty and 1 million Selected Resene
members. There are remaining problems to be
•solved and for this we again need your under-
standing, counsel and support. Later I will
describe these problems and their propcsed
solutions. But first, Mr. Chairman, I would
like to comment briefly on the effects of last
year's landmark legislation. Public Law 92-
129, as well as certain of our management
Initiatives.
The key element in this legislation was, of
course, the substantial increase in pay and
allowances for personnel in the lower en-
listed grades— reflecting the fact that for
13 years, from 1952 to 1964. first term mem-
bers received no pay increases. Before these
substantial adjustments a single recruit. E-1,
living on base and in basic training, re-
ceived $135 a month. Now his basic pay has
more than doubled to $288. Hy correcting this
pay inequity, the military services are able
to compete for young people in the labor
market.
It is to be noted, however, that the pay of
junior enlisted people should have been" in-
creased because that was the right thing to
do — with or without consideration of elimi-
nating the draft. In our society there is no
defense for conscripting men into poverty in
order to serve in a peacetime force.
Draft calls
(thousands)
1952-67 (average)--. 193.0
1968 299.0
1969 289.9
1970 - 163.5
1971 98.0
1972 50.0
When this and other provisions of Public
Law 92-129 were enacted, less than 2 years
remained to complete the transition to an
All-Volunteer Force. Now less than one year
of the Induction authority remains, and
there are signs of substantial progress toward
Jamianj 9, 1973 CONGRESSIONAL RECORD — HOUSE 565
the objective of eliminating reliance on the the Army enlisted 13.700 men for the ground We know It Is In our own best Interest to
(jraft. combat arms with aporoximately 56'* en- reduce personnel turnover, because experl-
The most direct evidence of progress Is the listing for four years under the ground com- enced people are more productive than new
sharp decline in draft calls from their peak bat enlistment bonus and others enlisting people, and a smaller proportion of our force
of 299.000 In CY 1968. Fewer than 50.000 men for three years without the bonus. The Ma- will be employed In receiving and conducting
will be Inducted in CY 1972. rlne Corps enlisted 3,325 men in the ground tralrllng.
Enlistments Draft motivated, and true combat arms with 88':"c accepting the bonus Notwithstanding these and other initla-
volunteer '^ return for a four-year enlistment. tlves, we remain at a disadvantage In com-
. The test will continue at least through peting for specialists whose skill command
(ihousanas) October, enabling us to determine the extent a premium wage In the civilian labor market.
Fiscal year 1971 : to which the bonus will Increase the total In order to operate and maintain today's
Draft motivated 152 number of combat arms enlistments and sophisticated weapons systems the Armed
True volunteer 215 whether it has any reverse effect on Navy Forces need to attract people who can ab-
and Air Force enlistments. sorb complex technical training, and to re-
Total 367 The longer enlistment of four years as- tatn a sufficient number of officers and en-
Fiscal year 1972: sociated with the bonus is significant. It listed men who possess these skills. Excessive
Draft motivated 93 has the effect of substantially reducing the turnover of expensively trained specialists
True volunteer 278 high cost of training and reducing person- lowers the effectiveness of ovu" military tuilts
■ nel turnover in the future. It is also an in- and Imposes heavy repetitive training costs.
•pQtal 371 dlcation that an enlistment bonus can be A related aspect of ihis problem is that
used effectively to attract people for longer some jobs In the mlUtp.rv are not popular
Of equal significance Is the enlistment ex- enlistments in sophisticated skills that re- among young n-.en who are contemplating
perlence of the Services in FY 1972 compared quire long training, thus further reducing mUitary service. For example, it is dlScult to
with FY 1971. Despite a sharp drop In draft the cost of training. attract some men to serve as foot-soldiers
calls from 152.000 in FY 1971 to 25.000 In FY i ask that vou note especlallv how the en- because of the physical rigors and risks of
1972. enlistment levels were maintained and Ustment bonus was employed In combat the occupation. Manv refuse reenlistment in
the proportion of true volunteers among arms. We did not use the bonus as soon as the Navy because of the long separaticais
those who enlisted increased from 59'^ to it was authorized, preferring Instead to find from family caused by extended sei duty.
75''r. The proportion of true volunteers out how manv could be attracted to the Becau.s2 of these service detractors, a level of
among enlistees has continusd to rise In the combat arms without the bonus. Onlv after compensation which attracts and retains peo-
months of July and August to its present enlistment levels for July-December 1971 pie In certain military occupations may be
level above 80 'o. continued through the first five months of insufficient in others. *
Several factors account for this improve- this year did we start using the bonus. And In addition to these cl.is.ic attraction and
ment, not the least of which is the doubling then It was offered In the amount of $1,500 retention problems, we must stabilize the ac-
of pay for entry level personnel. Improving ^^ those ground combat volunteers who en- tive forces by correcting force Imbalances
the conditions of service life, modernizing ^sted for four years, rather than offering $3.- which developed over past \ears. The profile
the training of personnel, and renewing the qOO for 3-year enllstm.ents. This is t>T)lcal of our present active force, like last year's
emphasis on professionalism in military serv- of the matiner in which other flexible bonuses beauty ciueen. has bulges in the wrong places,
ice also have attracted additional volun- would be administered with control from my The force Imbalance Is illustrated In this
^^e^s. office, given the authority by Congress under profile of the officer inventory, comparing the
Another key factor in the enlistment Im- h.R. 14545 to use them for occupational current force with what It should be. Note
provement has been the revltallzation of the shortnges other than in combat elements. the inadequate retention of junior officer.-. In
recruiting program. I reported to you last There are other significant signs of prog- the fourth through twelfth vears. the surplus
year my dissatisfaction with military recruit- ress. such as the quality of force indicators, of officers beyond the twelfth vear, and Irreg-
iug during the years of heavy draft, and I on which I will reser.-e comment in the in- ularltles In force distribution by vears of serv-
am ?lad to report that the Services have been terest of your time. I will be happv to respond ice The high uncontrolled losses during the
responsive to change. The officers and NCOs to your later questions in these areas. early years contribute to these characterls-
in recruiting billets today are for the most remaining problems and tics." They dilute the overall experience level
part, capable of projecting service life to mil- ^^^^ soLimoNS of the officer force, reduce the ability of the
itary candidates because they themselves are cprvirpq to he irulv selective in the nromo-
successful members of their services. So much for progress to date. Now the re- '"1 ^nd retent o of^fficeVs a d cr^afe dTffl-
The favorable Impact of competitive pay malning problem arees of which there are ^l^^'^^eTm retaining thfreoufrermixture^^
levels, improved service life, aggressive re- mree. cviuc uv trrnHp Adriitinj-aiiv tunior officer
cruiting and other initiatives is Illustrated 1- To avoid substantial manpower short- g^^' ^^^s clut^ bv high loss ral enforce ^^^^
by the Armys experience in enlisting men ages In the Active Forces, including those 'onnel manaSs L ccmpem^ for thl,e
for the ground combat specialties-Infantry, affecting critical specialties, by a combina- ^wtageTbTflrrving mere others to re Ire^
artillery, and armor. During July to Decern- t'on of management actions and financial In- ^^^^l^f^nJeZea^^^^^
ber 1970. enlistment., for these soecialties centlves that will Increase retention, stabilize ™^"\„n " *'^ ^
averaged 227 a month compared with require- the force, and reduce the heavy burden of P ' ^ j^ ^^^^^j. 3^^.
me.ts aver.'.ging 5.000 a month. Most of the recruiting new and untrained personnel. provisions of tenure, resulting In what
men assigned to ground combat jobs were 2. To attract qualified volunteers and re- ..^.L^ ^j ^j^ ^.^rid war II "hump' at 29
either draftees or men who enlisted without tnin experienced personnel in sufficient num- "hump' between
selecting a military specialty. During July to bers to ^eet the manning requirements of ^^ ^^^^ ^^ „^ .^^^^ ^^.^^ ^,^
December 1071. ground combat enlistments the Guard and Re'^erve. enterlne retirement but the valley in
rea^hed a one-month high of 3.900 and av- 3^ To eliminate the doctor draft by making ^°^ early Ssstm Tea" es t s w-ith a serious
eraged 3.000 a month. It continued at this military doctors' pay reasonably competitive ' ohiem
level during the early months of 1972. with tiiat of civilian doctors and by Increas- P ^^^ ^- ^^^ "vallevs" that characterize
Army ground combat arms enlistments ^"8 »?^ , ^''.^^^'f '°"^i ^^^^^^^^^ °^ medical officer force are to be found in the en-
practice in the Armed Forces. ,, ^ j , ,, rr-v.: < _ t->_t-v _ni_
(monthly average) . ,^ ... ^ . ^■,. , ''^ted force as well. This is a DoD profile
Jul Dec 1970 997 '*''°*°'"S' manpower shortages and stabilizing which combines all Services, while the pro-
Jan-Jun 1971 _ " i 399 the active forces fligg of the Individual Services show much
Jul-Dec 1971 " 3 076 Adjustments are being made In manpower more pronounced differences in certain areas
Jan May 1972 "" 3 006 Policies and practices to cope with this prob- between what they are and what they should
Jun-Aug 1972 4' 567 ^^'^' ^^^ actiotis Include, besides Intenslfi- be.
, cation of efforts to attract more recruits, a The selective pay mechanisms requested
With Army combat arms enlistments sta- much greater emphasis upon retaining train- in H.R. 14545 will enable us to cope with In-
bllized at 3.000 a month for one year, we be- ed and qualified personnel through reenllst- adequate attraction and retention in any
gan a test on June 1st of the combat arms ment and upon selectively replacing military critical skill and prevent the formation of
enlistment bonus authorized by Congress. A men in jobs that can be performed as well future valleys In our force structure.
bonus of $1,500, half the maximum amount and as economically by civilians and military The requested mechanisms are based on
authorized, is being offered to Army and Ma- women. the 1971 Quadrennial Review of Military
rine Corps ground combat volunteers who As the Armed Forces reach a stable state Compensation which concentrated on the
enlist for four years. in the post Vietnam era, many more service study of special incentive pays. These special
The preliminary results are encouraging, people can be attracted to continuing their pay proposals are not hastily conceived
Before the bonus was implemented there military careers. There Is little question that ideas. They are carefully considered, and
were some Marine Corps four year ground the satisfactions of military service, properly based on time-tested concepts which draw
combat enlistments, but none In the Army, presented alongside other job options, will upon years of eitperlence with special pays
Application of the bonus in June, July, and result in higher rates of retention through re- In the military service. In our Judgment they
August has been effective in obtaining longer enlistments than those experienced In re- constitute the critical second step In our
term enlistments. During that 90-day period cent years. move to an All-Volunteer Force.
)66
I
CONGRESSIONAL RECORD — HOUSE
■January 9, 1973
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
567
Expanding the enlistment bonus authority
An important tool In avoiding manpower
, hortages and stabilizing the active forces
3 the flexible enlistment bonus authority.
■ Jnder existing law, the authority is restricted
■ o individuals enlisting for at least three
ears in the active force combat elements
vho may be paid up to $3,000. Payments
mder this authority may not be made after
Tune 30. 1373.
As described earlier, preliminary results of
he current $1,500 enlistment bonus In the
;round combat elements Indicate that the
lonus is an effective and highly efficient way
o attract people for longer enlistments and
o raise the quality of people entering a
;lven occupational field.
However, difficulties in obtaining qualified
I intrants will not be limited to Army and
: .larlne Corps combat elements. For example,
: educed draft pressure has already caused a
; najor shortage In volunteers for the Navy's
i ix-year nuclear propulsion enlistment pro-
I :ram which, unless corrected, will interfere
I'ith mp,iinlng of nuclear-powered ships.
To solve these and similar problems, H.R.
: 4545 would extend the enlistment bonus
i uthority to any enlisted skill which the Sec-
letary of Defense determines is in critical
i upply. Tlie bonus can be varied by amount
i nd length of enlistment. We would plan to
lUse the bonus not only to attract people to
shortage skills but also to lengthen the en-
listment term, thereby spreading training
< ost.^ over a longer period and reducing the
high cost of training.
The reenlistment bonus — And spending
money where the problem is
Another Important tool In avoiding man-
j ower shortages and stabilizing the active
iOrces Is the reenlistment bonus, but In a
I evlsed form from that provided in existing
; iWS.
The inadequate retention of personnel in
certain enlisted skills has been a chronic
5 roblen^ln the past and will remain a prob-
1 ?m in the future unless decisive actions
i re taken. In past years, enlisted pay was
consistently lower than civilian pay for com-
f arable levels of responsibility and skill. Pub-
l.c Law 92-129 corrected this deficiency for
•- ne average situation. However, as indicated
« arher, expanded technology requires the
Services to employ a number of skills that
command a higher than average wage In the
civilian ni.ir'.-.et. It is these skills that con-
sUtute the current, and anticipated enlisted
I etention problems.
For example. If H.R. 14545 had been en-
£ cted earlier, it could have been used by the
S ecretary of Defense to address a severe prob-
1 ?m of inadequate reenlistment In the Navv's
: uclear program. Pending consideration of
HR. 14545 by the Congress, however. It was
considered that the nuclear reenlistment
I roblem waa so compelling that a limited
: 'gialative authority should be sought. Ac-
CDrdingly. H.R. 16608 has been Introduced
1 y Chairman Hubert and Mr. Arends. I un-
c erstand that hearincs are scheduled on H.R.
IGGOB following completion of hearings on
i[R. 14545. If H.R. 14545 Is enacted without
substantive change It would be used to assist
the Navy in the nuclear enlisted personnel
: roblcyn and enactment of HJi. 16608 would
! ot be necessary.
Existing laws offer some means of address-
l3g these problems: the Regular Reenllst-
iient "Sonus, the Variable Reenlistment
I -onus. And Shortage Specialty (Proficiency
lay). P^wever. even collectively these incen-
t.ves hiVe not been fully effective because
tiey doK't result In spending money where
tae proMem is — and in one major area, that
cf first ^rm reenllstments. they require pay-
rient in many Instances where there is no
Manni!i€ problem.
The cost effectiveness of these incentive
dsllars can be improved by combining the
most desirable features of the Regular Re-
enlistment and Variable Reenlistment
Bonuses Into a Selective Reenlistment Bonus
as proposed in H.R. 14545. The Incentive In
this form would be much more flexible than
the existing one and could be paid at any
problem decision point during a member's
initial ten years of service. The amount of
the bonus payment would vary depending
on the severity of the retention problem In
a particular skUl. Amounts would range
from a low of approximately $1,000 to a high
of $15,000 while average bonus payment to
an Individual serving in a shortage skill
would be about $6,000. Members who reenllst
in a skill where no shortage exists would not
receive a bonus.
There is no significant cost in converting
to the Selective Reenlistment Bonus, and in
the long range It would result In considerable
savings. This Is because of two factors. First,
as the Selective Reenlistment Bonus proves
its effectiveness, the Department of Defense
would phase out payment of Shortage Spe-
cialty (Proficiency Pay). Second, as men-
tioned above, members who reenllst in a
skill where no shortage exists (excepting
those in the force now) would not receive a
bonus. The end result would be a budgetary
reduction In reenlistment costs while re-
taining more people In critical skills.
Officer continuation bonus
Another key provision of H.R. 14545 ad-
dresses officer retention. A major aspect of
this problem — to be discussed later by my
colleague. Dr. Richard S. Wilbur. Assistant
Secretary of Defense (Health and Environ-
ment)— has to do with retaining military
physicians and other health professionals.
Therefore, my remarks will be limited to
retaining oiTicers other than health pro-
fessionals, although the principles of reten-
tion apply equally In solving the doctor sup-
ply problem.
Retaining officers In critical specialties
has presented difficulties In the past. Specific
exatnples are nuclear submarine officers and
lawyers. The highly effective continuation
bonus authority for the nuclear submarine
of^pers expires on June 30. 1973, and this
authority must be extended if we are to be
competitive in retaining a sufficient number
of these officers whose skills are In great
demand in the civilian market. In addition,
legislation addressing the lawyer supply prob-
lem has been passed In the House of Rep-
resentatives and. as you know, hearings on
this bill were held in the Senate last week.
The officer continuation pay provision of
H.R. 14545 has the flexibility to address the
supply problem in both of these critical
areas, as well as others which may become
critical in the future. Officer specialities that
have supply problems will vary from time to
time Just as the supply and demand for pro-
fessional, tcchnicil. and managerial person-
nel fluctuate in the civilian Job market- Leg-
islative action is needed, in the form of a
flexible bonus that can be uted or with-
drawn depending on supply and demand, to
assure the presence of qualified officers in
critical specialties.
H.R. 14545 would authorize the Secretary
of Defense to pay a variable bonus of up to
S4.000 per year to officers who execute a
written agreement to extend beyond their
first obligated tour. It w^uld be offered only
at times and In amounts needed to solve
officer retention problems in specific skills.
MANNING THE GUARD AND RESERVE
The Reserve Forces present a unique prob-
lem whose solution is essential to achieving
and maintaining an All-Volunteer Force.
In the past, when the draft was a major
source of military manpower, many young
men were motivated to Join the Guard and
Reserve as a means of avoiding the draft and
active military service. Waiting lists of ap-
plicants for Guard and Reserve membership,
characteristic of the years of the heavy draft
have disappeared. And disappearing also are
many of the draft motivated young Guards-
men and Reservists as their obligated terms
of service expire.
Through August 1972. the combined Na-
tlonal Guard and Reserve force strength was
54.000 below the Congresslonally mandated
minimum of 976.559. It is estimated that
this shortage will rise after the summer
months, and that it will be higher still next
year unless early and positive action is taken
to stimulate enlistments and reenllstments
In the Guard and Reserve.
A key provision of the Uniformed Services
Special Pay Act is the authority to use enlist-
ment and reenlistment bonuses for the Se-
lected Reserve. But before discussing that
provision of the bill, let me try to bring the
Guard and Reserve picture into focus.
As you know, the Guard and Reserve stif-
fered badly during the Vietnam years, both
as to credibility and overall effectiveness.
Their combat role was questionable, their
missions ill-defined, their units under-
equipped and under-trained, and their forces
overrun with men who Joined for the wrong
reason — because they wanted to avoid mili-
tarj^ service and the war in Vietnam.
I am pleased that I can report a tre-
mendous revltalizatlon within the Guard
and Reserve. The Total Force concept has
given their members a purpose, because they
know they are to be relied upon as the initial
and primary augmentation for the active
forces. By the end of this fiscal year their
equipment deficiencies will have been vir-
tually eliminated. Training has been intensi-
fied, readiness Is improving, and Guard and
Reserve forces are being modernized.
The Guard and Reserve portions of the
Defense budget have Increased from $2.1 bil-
lion in FY 1969 to $4.1 billion in FY 1973.
This latter will be the largest single year
Investment in the Guard and Reserve In our
nation's history.
Along with these initiatives for internal
reform, action has been taken to Improve
public understanding of the Guard and Re-
serve role in our nation's security and to en-
list the cooperation of American employers
so that more of their employees will partici-
pate In Guard and Reserve activities. The
National Committee for Employer Support
of the Guard and Reserve under the leader-
ship of Mr. J. M. Roche, former Chairman
of the Board of General Motors, has launched
an extensive program to achieve this essen-
tial goal of public understanding and em-
ployer support of the Guard and Iteserve.
In addition to substantial progress in these
areas, there is evidence of greater activity
and better results In Reserve recruiting.
Much remains to be done In this area, but it
would be inaccurate to characterize the Re-
serve forces as simply waiting for the bonus
authority to solve their personnel supply
problems.
There will be Intensified efforts to accel-
erate Improvement In Guard and Reserve re-
cruiting, and to obtain the assistance of
Active Force recruiters in meeting Reserve
needs. At the same time, there will be an
Intensification of programs to make Guard
and Reserve training meaningful so that
"make work" activities do not drive people
away from Guard and Reserve service.
Now I should like to dlscu.ss the Guard
and Reserve bonus provision of H.R. 14545.
The bill would authorize an enlistment bonus
of up to SHOO for a six-year enlistment of
a non-prior service Individual. It would au-
thorize a reenlistment bonus of up to S2200
for a critical skill, or $1100 for a non-crltl-
cal skill, for six-year reenllstments.
As stated, we would control use of Guard
and Reserve bonuses with the same kind of
monitorship exercised in administering the
combat arms bonus. We will take Into con-
sideration the lack of personnel mobility
which confronts the Reserve community —
specifically, the inability to move people who
possess certain skills from an area of supply
to an area of need. There would be uni-
formity in bonus payments between Reserve
components for Identical needs.
In the "Speaker" letter of March 22, 1972.
which transmitted H.R. 14545, we Indicated
that bonuses would be restricted Initially to
a maximum average of $1,800 for reenllst-
ments and $600 for enlistments. In our most
recent costing actions, the maximum average
for reenlistment bonuses has been further
reduced to $1,320. Unlike the active forces,
some Guard and Reserve skill requirements
do not occur on a nationwide basis. There-
fore, their members must be enlisted to serve
m local units, rather than to meet overall
national requirements.
To qualify for bonuses, the military de-
partment must demonstrate In each case Its
eligibility under uniform criteria. These cri-
teria will include. In addition to establishing
a bona fide personnel shortage, evidence that
the unit Is doing what It can to overcome
the shortage without bonus payment — in-
cluding the obtaining of help from the local
active force recruiting component of that
service. Bonuses will not be paid to indi-
viduals who are employed fuUtlme In the
Selected Reserve, nor to Individuals not as-
sociated with units that would be mobilized
to serve as units.
COST AND SUMMARY
Mr. Chairman, the third problem area re-
lates to the health professional field and this
will be discussed by Dr. Wilbur. As I said
earlier, the principles underlying special pay
authorities sought in H.R. 14545 apply
equally to the medical and non-medical
fields.
Finally. I would like to stress that we have
proposed these special pay authorities In a
flexible form. Manning the Armed Forces is
a dynamic problem because skills demanding
a premium change with time, as does the
level of premium necessary for a particular
skill. To be able to compete with others for
the nation's manpower, the Department of
Defense needs compensation tools that are
flexible and adaptable for use in a changing
environment.
In its fiexible form. H.R. 14545 will be cost
effective because It consists of special pav
forms that authorize the spending of money
where the problem Is. We urge your support
of It. and welcome your questions.
ADDITIONAL BUDGET COSTS'
|ln millions of dollars]
Fiscal year—
Pfogram
1974 1975 1976 1977 1978
Enlistment bonus 42.5 89.1 135.6 139.5 139 5
Selectiva reanhstinent
ofct,vedufy '•' 1.5.-9.2-32.6 -83.4
Se?a\"ll,ve ''" "^ "" "•" ""
enlistment Reenlist-
H.T1""'°1'"^ *5.4 107.1 139.7 97.3 108.9
Health professions 75.0 95.0 105.0 112.0 112.0
Total, DOD 225.3 317.7 396.1 341.2 302,0
' Department of Defense, Dec. 18, 1972,
DROPPING OF BOMBS IN VIETNAM
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from Massachusetts (Mr. Drinan)
IS recognized for 30 minutes.
Mr. DRINAN. Mr. Speaker, from this
historic well I speak today both for my
constituents and to my constituents. I
speak as their representative who has
shared their anguish and agony since
that awful day of December 18, 1972,
when the image which so many of them
had of America as a nation striving to be
the conscience of the world was shattered
by the waves of B-52's dropping bombs
in downtown Hanoi and Haiphong. I
speak to my constituents to try to give
them some evidence that the Congress
appreciates the constitutional crisis in
which my constituents and the entire
Nation finds itself.
I have learned personally and pro-
foundly of the horror, shock, indigna-
tion, and outrage which my constituents
have experienced during the 12 days of
terror bombing and in the 12 days which
have elapsed since the suspension of
bombing in North Vietnam. Citizens of
every kind, young and old, Democrats
and Republicans, hawks and doves — all
have written to me pouring out the con-
sternation and indignation which they
feel at the unexplained and unprece-
dented rain of terror over areas occupied
by civilians.
In the da.ys which I spent in my con-
gressional district from December 24 to
January 1, I spoke with countless in-
dividuals who felt betrayed by the clear
promise and prediction of peace given by
Dr. Kissinger and President Nixon prior
to the November 7 election. The most
heart-rending experience came from the
mother of a POW who stated that her
disappointment at the resumption of
bombing was particularly acute since she
had in all honesty expected that her son.
imprisoned for almost 5 years, would in
fact be home for Christmas. I have worn
the POW bracelet of this captain in the
Marines for many months and I. too, was
overwhelmed with sorrow that this man
and his widowed mother must continue
to be victimized by circumstances which
they and we do not understand.
On New Year's Eve. I attended a
fundraising function for the rebuilding
of the Bach Mai Hospital in Hanoi. A
physician who had been in Hanoi .sev-
eral weeks ago as part of a medical team
described this teaching hospital as the
equivalent in prestige and role of the
Massachusetts General Hospital. The
authorities of the Bach Mai Hospital
had long anticipated air raids and are
able to bring all of the 1,150 patients in
the ho.spital to air raid shelters within
3 minutes of the alert. The only persons
who cannot respond to the alert are
the doctors and nurses in the operating
rooms. This arrangement is one of the
reasons why some 25 medical and nurs-
ing personnel were killed in the destruc-
tion of this hospital by U.S. bombers.
I have been in touch with groups in
Gardner, Sudbury Framingham, New-
ton, and elsewhere who sponsored peace
vigils on Christmas eve or at other
times. I have sent to President Nixon
the vei-y moving petition for a cessation
of the bombing signed by many resi-
dents of Sudbury at a vigil conducted
on the steps of the Sudbury Town Hall
on Christmas Eve.
The hundreds of letters which I have
received manifest more indignation and
frustration than the much smaller
number of protests which ^ame to me
after President Nixon, on May 8, 1972,
announced the mining of the harbor at
Haiphong and the intensification of the
air war over North Vietnam. Obviously
the bitterness and outrage come from
the fact that President Nixon stated
categorically on November 6, 1972, the
very day before the election, that the
war would end. Tlie President spoke as
follows :
We have agreed on the major principles
that I laid down In my speech to the na-
tion of May 8. We have agreed that there
will be a cease fire, we have agreed that our
prisoners of war will be returned and that
the missing In action will be accounted
for . . .
There are stUl some details that I am In-
sisting be worked out and nailed down be-
cause I want this not to be a temporary
peace. . . . But I can say to you with com-
plete confidence tonight that we will soon
reach agreement on all the Issues and bring
this long and difficult war to an end.
Mr. Speaker, after that unambiguous
commitment by the President of the
United States my constituents have a
right to be outraged when they learn
from the media, with absolutely no an-
nouncement or explanation from the U.S.
Government, that waves of American
airplanes are pounding the heartland of
North Vietnam in and around the heavily
populated cities of Hanoi and Haiphong.
The letters which came to me speak
of the voicelessness, the powei lessness,
and the helplessness of the writers. One
constituent wrote that he first heard of
the Vietnam war when he attended a
teach-in on the subject as a sophomore
in high school and that now he is finish-
ing graduate school and the longest war
in American history continues. Another
constituent quoted George Santayana
who stated that fanaticism is when you
redouble your efforts having forgotten
your aim.
Not a single letter spoke in favor of
the bombing and only a handful indi-
cated that the Congress seek some ex-
planation from the President or the Pen-
tagon. One eloquent woman summed up
the tone and thrust of virtually all of the
letters when she said that the Congress
must "stop a President who has usurped
our powers, lied to our people, degraded
the Congress, and mocked the Constitu-
tion."
I would like to talk about the three
central themes of the countless conver-
sations and hundreds of communications
which I have had with my constituents.
These themes are, first, the Congress
should cut off funds for the war; second,
the Congress must continue to speak out;
and third, the Congress should give con-
sideration to the question of impeach-
ment of the President.
CAN THE CONGRESS CUT OFF FUNDS FOR THE
INDOCHIN.\ WAR?
About the only encouraging event
which I can relate is the decision of the
Democratic caucus in the House which
on January 2 resolved in a vote of 154 to
75 to establish it as the policy of the ma-
joi-ity party that no further funds would
be given to Vietnam. Although this vote
is more significant and more promising
than a comparable vote of the Demo-
cratic caucus in April of 1972. the fact
remains that 75 Democrats are still
"hawks" and do not agree with the plat-
568 •
I
CONGRESSIONAL RECORD — HOUSE
January 9, 1973
'orm of the Democratic Party or the
nanifest wish of a clear and growing
najority of American citizens.
On January 5. the House Republican
Conference vot«d 135 to 7 to support the
'fforts of President Nixon to end the
/ietnam war. Almcst 50 Republicans ab-
;ented themselves from the Republican
•aucus. On a more precise point intro-
iuced by Congressman Paul McCloskey,
)f California, the Republicans in the
■louse of Representatives refused by a
ote of 91 to 43 to call for an end of the
;onibing in North Vietnam.
In view of these realities the grim fact
s that the House is about 34 votes short;
(if attaining the necessary 218 Members
: lecessary to pass any legislation in the
louse. It is possible, however, that some
(tf the 75 Democrats who refused to ac-
cept the .stated policy of their own politi-
( al party as well as the .settled judgment
of the majoritv of the m?..jority party
I ould alter their views or at least abstain.
■ They would be much more likely to do so
if the Democratic leadership in the
iouse of Representatives exercised to the
: ull the influence available to them.
Even if. however, the House were able
to Jcin the Senate in cutting off funds
: or the war in Vietnam the President
I ould .veto such a bill and the Congress
! imply would not have the two-thirds
iiecessar\' to override the President's
veto. However difficult the predicament
( f the Congress may appear, however, one
must remember that the number of Con-
t ressmen voting against the war has
ii.«en from a dozen to about 180 over the
course of some 2 or 3 vears. In talking
' .-ith my colleagues in the Congress about
the outpouring of mail against the bomb-
ing I could only wonder whether they
} .;ould even have voted to fund the war in
' 'ietnam if their constituents In 1965 and
] 966 ha'd protested with the same vigor
I gainst the escalation of American
i round troops in Indochina up to more
than 500.000.
VTE MfSr SPEAK OUT; WE ARE NOT "GOOD
GERMANS"
Tfie innumerable contacts which I
have had with my constituents since De-
( ember 18 indicate overwhelminglv that
they feel compelled In conscience to
< peak out and denounce the incredible
: trocitles unleashed by the President
i nd thep&otagon. More than one letter
!tate^,/hat we can no longer be '"good
Oermahs." One elderlv lady wrote that
fhe never thought that she would live to
\ e consoled by 50.000 citizens of Holland
c emonstrating in Utrecht against the
terror tactics of her own nation. A man
c f French-Canadian origin stated to me
t lat he was a.<;hamed of the United
J tates and agreed with the resolution of
t he Canadian House of Commons which
I nanimously adopted a govemment-
sponsored resolution deploring the
\ ombing in the Hanoi and Haiphong
f rea. Another correspondent wrote that
t ne raids of terror over Hanoi were no
c ifferent than the planes of Hitler rain-
i-.g devastation on Warsaw. Rotterdam,
i nd Coventry.
To all who have written to urge me
and other Members of the Congress to
cut off funding for the war I can only
repeat that all of these individuals must
continue to intensify their eflforts so that
their friends throughout the Nation will
reach their own Congressmen so that we
will have as quickly as possible a major-
ity of the House of Representatives vot-
ing against the war. I repeat, however,
that, sad to relate, the House of Repre-
sentatives is still the silent "House of
"hawks."
Speaking out will help. Speaking out
can be done by letters, conversations,
working in political ways, participating
in peaceful demonstrations and prayer
vigils and any other activity designed to
influence public opinion.
I agree completely and unequivocally
with those who urge Members of Con-
gress and every citizen to speak out. I
would hope that all of us are agreed that
the sin of silence is one of the worst of-
feases that any person can commit. I
would assume also that we are all agreed
that the sin of silence is still a sin even if
no one is listenipg.
Many of those who have written to me
ask for counsel and direction as to the
best way to protest the bombing and the
war. I am afraid that I caruiot give very
good advice on this matter. On the eve-
ning of January 3, the day the 93d Con-
gress opened. I went to a peace vigil at
the Presbyterian Church in Washington,
D.C. The service, attended by weU over
1.000 persons, was very moving but I
found myself perplexed and depressed,
because it was in this very church many
years ago that I gave my first public ad-
dress against the war in Vietnam. That
address was given a long time before my
trip to Vietnam 3 '2 years ago. I knew
many of the participants in the vigil that
night: they were the veterans of the
peace movement which has protested the
U.S. involvement in Southeast Asia for,^ «„ih or,^ th^ „;„ „.„„ ;„ t ^ u ,1
10 years. However awful the present situ-^S.^f t' ^.l.lfLi'' }^.^"i1'll "^"
ation is the fact remains that if these in-
leader would not agree to any coalition
government or to any arrangement in
which his power would be diminished in
any substantial way. President Nixon has
presumably been forced to accept this
position and has ordered terror bombing
of Hanoi to force the North Vietnamese
Government to accept the entrenched
dictatorial power of President Thieu.
There is no indication that President
Nixon will alter his relentless drive for
what he calls "peace with honor" but
which others would call "victory." in
early 1971. President Nixon said:
I will not place any limits on the use of air
power.
It has become clear beyond any dis-
pute that the Nixon administration will
continue massive bombing wherever or
whenever it desires. The Nixon admin-
istration initiated and continues to this
day the first automated, anonymous, and
secret war in American liistory. In all
four countries of Indochina the auto-
mated war with "smart bombs" continues
day after day and night after night.
Military personnel continue to utilize in-
cendiary bombs, napalm, magnesium, and
white phosphorus. It may be that the
massive bombing of Hanoi and Haiphong
is qualitatively and quantitatively differ-
ent from the automated, computerized,
and clandestine air war carried on by the
United States against the 50 million'peo-
ple of the four nations of Indochina but
it is difficult t^distineui.sh between the
hideoasness ^what the United States
has done and the outrage which it per-
petrated durinf? the 12 days of terror
bombing over North Vietnam.
Unless the Congress and the people of
America continue to speak out with
all of the energy and resourcefulness
available to them the electronic battle-
dividuals had not striven mightily over
so long a period the United States might
well have done even more shameful
things in Indochina. The United States
might have bombed the dikes, invaded
North Vietnam or even used nuclear
weapons as another President did in Hir-
oshima and Nagasaki.
I am afraid that I cannot state or even
intimate to those w-ho are now protesting
the bombing that their continued and in-
tense effort will not be needed in the fu-
ture. There is no indication that Presi-
dent Nixon desires to have a settlement
on any terms other than those of Presi-
dent Thieu. It seems clear that President
Thieu intervened after Dr. Kissinger an-
nounced on October 26 that "peace is at
hand" and told Pi-esident Nixon that he —
President Thieu — would not settle on the
terms agreed to by the United States and
North Vietnam. It may be that President
Thieu stated that he would refuse to re-
lease the North Vietnamese prisoners of
war held in South Vietnam unless the
treaty stipulated that the 145.000 North
Vietnamese soldiers on the ground in
South Vietnam were returned to positions
north of the DMZ.
In the talk which I had with President
Thieu for 55 minutes 3'^ years ago it
was clear that this crafty and clever
continue to devastate the people of
Southeast Asia and degrade the citizens
of America.
The credibility of the President and
the Pentagon was, of course, a casualty
of the war months and years ago. What
can anyone think today of the statement
made on December 16. 1971. by the Air
Force Secretai-y Robert C. Seamans? On
that day. just over 1 year prior to the
day of infamy on December 18, 1972, the
Secretary of the Air Force stated-
No matter how you look at the air activity
of the U.S. over there, the trend Is definitely
downward.
SHOULD THE PRESIDENT BE IMPEACHED?
About 10 percent of the more than
1,000 letters which I received recom-
mend the impeachment of the President
or at least urge the most serious con-
sideration of this possibility.
After the May 8. 1972. address of Presi-
dent Nixon announcing the bombing of
North Vietnam and the mining of the
Haiphong Harbor eight Members of the
House of Representatives joined in a
petition for the impeachment of the
President. A two-page ad in the New
York Times on May 31. 1972. set forth
the complete text of H.R. 976 moving
that President Nixon be "impeached by
this House," because of "high crimes and
misdemeanors in office."
The indictment of the eight Members
Jaiiuary 9, 1973
CONGRESSIONAL RECORD — HOUSE
569
of Congress — all incidently reelected on
November 7 — is overwhelming. They ac-
cuse the President of continuing to con-
duct a war even after the repeal of the
Tonkin Gulf Resolution on December 30,
1970. The other "high crimes and mis-
demeanors" include the refusal to nego-
tiate with North Vietnam contrary to the
Mansfield amendment enacted by Con-
gress and agreed to by the President on
January 17, 1971. Similarly President
Nixon is accused of illegality in escalat-
ing the air w-ar in Indochina in April
1972. with further illegalities involved
in the mining of the ports and the in-
terdiction of rail lines in North Viet-
nam— as announced by the President on
May 8. 1972.
The President is also accused of viola-
tions of the Charter of the United Na-
tions along with wholesale contraven-
tion of the rules of war in that the Presi-
dent "directed the Armed Forces of the
United States to engage in acts of terror
against the civilian population and of
devastation of the territory of Indo-
china." President Nixon is also accused
of criminal activity in that he directed
the killing of "hundreds of thousands of
innocent civilians by means of aerial,
land, and naval bombardments directed
against noncombatants."
The accusations of H.R. 976 filed on
May 10, 1972, are not erroneous. Do the
accusations add up to a case ju-stifying
the impeachment of the President of the
United States?
At least a few more Members of Con-
gress are pondering that question and
seeking to discover the reasons for their
reluctance even to ask the question.
However logical and even compelling
the reasons for impeachment may appear
at this point impeachment hardly seems
to be a remedy that can be used or an
outcome that seems probable.
During the days before and after
Christmas of 1972 I read David Hal-
berstam's "The Best and the Brightest."
Seven years ago I read Halberstam's
"The Making of a Quagmire." Will the
agony that has confronted all of us dur-
ing the past 7 years over the war en-
dure for the next 48 months? The only
way to prevent such an eventuality is
for the Congress to stop the war by de-
funding it. No other remedy exists. But
Congress will not reform itself or change
its basic views without massive public
opinion all across the country. I urge
all of my constituents therefore and all
of the citizens of this country to induce
and to inspire the Congress to become at
long last the conscience of the Nation.
HOSPITAL AND MEDICAL BENEFITS
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from Illinois (Mr. Annunzio* is
recognized for 5 minutes.
Mr. ANNUNZIO. Mr. Speaker, last
week I introduced H.R. 272 to provide
hospital and medical care to certain
members of the armed forces of nations
allied or associated with the United
States in World War I and World War
n.
During the Second World War, many
citizens of Bulgaria, Czechoslovakia, Es-
tonia, Hungary, Latvia, Lithuania,
Poland, Rumania, and Yugoslavia fought
with great courage against nations at war
with the United States. Many of these
veterans emigrated to America after the
war and became citizens who have en-
riched our Nation immeasurably through
their talent and dedication to the ideals
of freedom.
This bill gives the recognition of a
grateful nation to these men of bravery
in the allied war effort by providing that
they be eligible for Veterans' Administra-
tion medical and hospital benefits on the
same terms as war veterans of the U.S.
Armed Forces. The bill is limited to per-
sons who have been American citizens
for at least 10 years and who partici-
pated in armed conflict with an enemy
of the United States during World War
II while serving in the armed forces of
the countries listed above. American citi-
zens who fought in Gen. Joseph Haller's
Army during World War I are covered
on the same basis.
Persons who served in the armed
forces of the Philippines during World
War II have medical and hospital bene-
fits paid by the U.S. Government,
whether or not they are citizens. Cer-
tainly it is right and proper that we ac-
cord the same standards to U.S. citizens
who fought and sacrificed for the ideals
of freedom and justice which we all be-
lieve in and cherish.
I am pleased to inform my colleagues
that the House of Representatives of the
77th General Assembly of the State of
Illinois adopted on June 15. 1972. House
Resolution 732 which memorializes the
Congress of the United States to "con-
sider favorably and support passage of
pending amendments to title 38 of the
United States Code providing hospital
and domiciliary care and medical serv-
ices" for those persons who fought on
the side of the Allies against the enemy
in Wbrld War I and World War II.
In addition, the concept set forth by
my proposed legislation has gained the
support of such outstanding organiza-
tions as the Illinois Division of the Amer-
ican Legion, the National Council of the
Veterans of Foreign Wars, the 82d Air-
borne Division Association, Inc., the
101st Airborne Division Association, and
also of the Combined Veterans Associa-
tions of Chicago, which embraces the
following organizations: the AMVETS,
the Catholic War Veterans, the Italian-
American War Veterans, the Jewish
War Veterans, the Marine Corps League,
the Navy Club, the Military Order of the
Purple Heart, the Paralyzed Veterans of
America, the Polish Legion of American
Veterans, the United Spanish-American
War Veterans, the Veterans of Foreign
Wars of the United States, and the Vet-
erans of World War I.
I introduced this legislation in the
second session of the 92d Congress, but
the Congress adjourned before action
could be taken. I, therefore, strongly urge
the support of my colleagues for favor-
able action on this legislation early in the
93d Congress in order that these limited
benefits may be made available to those
men who fought so heroically along with
the American and alhed forces during
two world conflicts for the preservation
of our freedoms, and who, because of
advancing age, are in greater need than
ever before of these benefits.
The text of my bill, H.R. 272, follows:
A bin to amend section 109 of title 38. United
States Code, to provide hospital and med-
ical care to certain members of the armed
forces of nations allied or associated with
the United States in World War I or World
War II
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That sec-
tion 109 of title 38, United States Code, Is
amended by adding at the end thereof the
following:
"(c) (1 ) Any person who
"(A) served —
"(i) during World War I as a member of
the military organization commonly known
as Gteneral Joseph Haller's army; or
"(11) during World War II as a member of
any armed force of the Government of Bul-
garia. Czechoslovakia, Estonia. Hungary. Lat-
via, Lithuania. Poland. Rumania, or Yugo-
slavia, and participated while so serving tn
armed conflict with an enemy of the United
States: and
"(B) has been a cltlz'?n of the United
States for at least ten years
shall, by virtue of such service, be entitled
to hospital and domiciliary care and medical
services within the United States under chap-
ter 17 of this title to the same extent as if
such service had been performed In the
Armed Forces of the United States unless
such person Is entitled to, or would, upon
application therefor, be entitled to payment
for equivalent care and services under a
program established by the foreign govern-
ment concerned for persons who served tn
Its armed forces in World War I or In World
War II.
"(2) For the purposes of this subsection.
World War I shall be deemed to have begun
on July 28, 1914. and World War II shall be
deemed to have begun on September 1. 1939."
THE URBAN PARPLLAND HERITAGE
ACT OF 1373
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from Illinois iMr. Rostenkowskh ,
is recognized for 5 minutes.
Mr. ROSTENKOWSKI. Mr. Speaker,
in 1961. the Congress, for the first time,
openly recognized the desperate need in
this Nation for preserving our urban
parklands by creating the open space
program in the Housing Act of that year.
The open space program was designed
to enable urban governments to obtain
inner-city parklands for the recreational
needs of their citizens. This need was
particularly acute in the case of low-in-
come residents whose mobihty was
limited and whose free time was in-
creasing.
Since 1961. our metropolitan popula-
tion has doubled. We now have 90 per-
cent of our people living on 10 percent
of our land. Our cities are bloated. The
constant increase of population, con-
struction, traffic and pollution through-
out the 1960s and 1970's has tripled the
demand for inner-city recreation land.
Unfortunately, the open space program
has not been able to meet this demand.
Each year the financial demands on
our urban areas have multiplied. In 1972,
several large cities were forced to declare
bankruptcy. As one city official put it;
c70
COjsJGRESSIONAL RECORD — HOUSE
January 9, 1973
There Isn't enough money to collect the
t 'ash. tvow can we buy a park?
Is it^ not time we looked at our Na-
t en's urban areas realistically? Truly
r lost of us live and work in a major city;
9D percent of our population — 160 mil-
1 on people.
There are 462,000 people in my district
ii Chicago. They all are forced to live
\ ith t)fe noise and the dirt and the over-
crowdiiig that has become commonplace.
I 'he people in my district and the people
I I evefy city in the United States need
open space. Yet, for many, there is no
c pen space to be found. Most city
c wallers cannot afford to travel the 5. or
10. or even the 100 miles outside of their
cities in order to reach adequate park-
lind areas. As a result, their added
Liisare time increasingly becomes a
frustration. What could in theory be
valuable, self-enriching time, becomes
V asted time.
Mr. Speaker, today I am introducing
t le urban Park^nds Heritage Act of
1973— a bill which I hope will enable
trban parklands to flourish in our cities.
This bill, which will replace the open
space program, is, in my opinion, a
\i )gical progression of it.
My distinguished colleague and good
f :iend Senator Harrison A. Williams,
Jr., of New Jersey, long a promoter of
iinercity parklands. and the chief
a rchitect of the original open space pro-
s ram, has introduced the Senate version
cf chi.H bill. Like Senator Williams, I am
CDnvinced that the Urban Parklands
I ieritage Act is a mandatory first step — a
s ;ep that the Congres must take if we are
t ) preserve our cities for the future.
The main force of my bill will be the
creation of the new Urban Parkland
i:eritage Corporation. Both State and
1 )cal gjjvemments will be able to contract
V ith Hiis independent corporation for
li)ans nd grants to purchase and main-
t lin parks. The Corporation, whose
i;oard of Directors will consist of the
£ ecretary of the Department of Housing
and Urban Development, the Secretary
cf the Interior, the Administrator of the
I nvironmental Protection Agency, four
cfficials of State government, four
cfficials of local government, and four
r lembers of the general public, will have
c nly one purpose : to help urban govem-
rients to develop a balanced urban en-
vironment. As a completely independent
Lodv. with contract authority, the
C orporation will be free to negotiate with
any State or local government for the
r laintenance of existing parkland or for
tie purchase of new parkland in inner-
city areas. Special emphasis will be
I laced on low income and poverty areas.
' 'he Corporation will assist in the long-
ringe planning for metropolitan areas
and encourage and coordinate local pub-
1 c and private efforts toward developing
and improving open space and other
f ublic urban land. Also, it will assist in
tie acquisition and restoration of sites
a nd sti)uctures of historic or architectural
\alue7
Mr Speaker, for all of us who live in
.America's cities, particularly for our
\outh, recreation areas and the facilities
tiat they provide are a necessity for
I ealthy living. The people in our cities
need land. They need room to move in.
They need a place to recreate and to re-
fresh themselves. If our cities cannot
'provide such places, then they are sure-
ly doomed.
I believe that with the enactment of
the Urban Parkland Heritage Act of 1973,
we can begin to make what is now bear-
able, livable.
Mr. Speaker, at this point, I would like
to insert the text of this legislation in
the Record:
H.R. 1648
A bUI to amend title VII of the Housing Act
of 1961 to establish an Urban Parkland
Heritage Corporation to provide funds for
the acquisition and operation of open-
space land, and for other purposes
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That (a) VII
of the Housing Act of 1961 is amended to read
as follows:
"FINDINGS AND PURPOSE
"Sec. 701. (a) The Congress finds that —
"(1) the rapid expansion of the Nation's
urban areas and the rapid growth of popula-
tion within such areas has resulted In severe
problems of urban and suburban living for
a substantial majority of the Nation's present
and future population, including the lack of
valuable open-space land for recreational and
other purposes;
"(2) there Is a need for additional parks
and other open space in the buUd-up por-
tions of urban areas, especially In low-In-
come neighborhoods and communities, and a
need for greater and more coordinated State
and local efforts to make available and im-
prove open space land throughout entire ur-
ban areas;
"(3) there is a need for timely action to
preserve and restore areas, sites, and struc-
tures of historic or architectural value so
that these remaining evidences of our his-
tory and heritage are not lost or destroyed
through the expansion and development of
urbai\ areas; and
"1 4) the welfare of the Nation and the
^well-being of its citizens require substantial
.'expansion of the scope and level of Federal
assistance for the development and preser-
vation of open-space lands.
"(b) It is the purpose of this title to help
control urban sprawl by assisting States and
local governments In developing a balanced
urban environment, to prevent ihe spread of
urban blight and deterioration, to encourage
more economic, environmentally sound urban
development, to assist In pre.serving areas
and properties of historic or architectural
value, and to help provide necessarv" recre-
ational, conservation, and scenic areas by
assisting State and local public bodies in
taking prompt action to —
"(1) provide, preserve, and develop open-
space land in a manner consistent with the
planned long-range development of the Na-
tion's urban areas;
"(3i acquire. Improve, and restore areas,
sites, and structures of historic or architec-
tural value:
"(3) develop and improve oi)en space and
other public urban land, in accordance with
programs to encourage and coordinate local
public and private efforts toward this end;
and
"(4) operate and maintain open space and
other public land in a manner which best
meets the needs of the residents of that State
or locality.
DEFINmONS
"Sec. 702. As used in this title —
"(l) The term 'open-space land' means
any land located In an urban areas which
has value for (A) park and recreational pur-
poses. (B) conservation of land and other
natural resources, or (C) historic, archi-
tectural, or scenic purposes.
"(2) The term "urban area' means any
area which is urban in character, includ-
ing those surrounding areas which, as deter-
mined by the Corporation, form an eco-
nomically and socially related region, taking
into consideration such factors as present
and future population trends and patterns of
urban growth, location of transportation fa-
cilities and systems, and distribution of in-
dustrial, commercial, residential, govern-
mental, institutional, and other activities.
"(3) The term 'State' means any of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, and the ter-
ritories and possessions of the United States.
"(4) The term 'local public body' means
any public body (including a political subdi-
vision) created by or under the laws of a
State or two or more States, or a combination
of such bodies, and includes Indian tribes,
bands, groups, and nations (including Alaska
Indians, Aleuts, and Eskimos) of the United
States.
"(5) The term 'open-space uses' means
any use of open-space land for (A) park and
recreational purposes. (B) conservation of
land and other natural resources, or (C) his-
toric, educational, architectural or scenic
purposes.
"(6) The term 'Corporation' means the
Urban Parkland Heritage Corporation estab-
lished by section 703 of this title.
"URBAN PARKLAND HERITAGE CORPORATION
"Sec. 703. (a) To carry out the provisions
of this title, there is established an inde-
pendent establishment In the executive
branch which shall be known as the Urban
Parkland Heritage Corporation, and which
shall carry out its functions subject to the
direction and supervision of a Board of Di-
rectors (hereinafter referred to as the
'Board'). The Board shall consist of —
"(H- the Secretary of Housing and Urban
Development, who shall serve as Chairman;
"(2) the Secretary of the Interior;
"(3) the Administrator of the Environ-
mental Protection Agency;
"(4) four officials of State government,
apfxjlnted by the President, by and with the
advice and consent of the Senate, two of
whom shall be elected officials, and two of
whom shall hold positions related to urban
development and the management of open-
space lands;
"(5) four officials of local government,
appointed by the President, by and with the
advice and consent of the Senate, two of
whom shall be elected officials, and two of
whom shall hold positions related to urban
development and the management of open-
space lands; and
"(6) four members of the general public,
appointed by the President, by and with the
advice and consent of the Senate, who have
substantial experience in urban development,
land use planning, and the management of
open-space lands.
Not more than two of the members referred to
In each of clauses (4), (5), and (6) may be
members of the same political party. Not
more than one member referred to in clauses
(4), (5). and (6) may be a resident of any
one State.
"(b) It shall be the duty of the Corporation
to furnish assistance In accordance with the
provisions of this title. All grants and loans
made by the Corporation shall be approved *
by the Board, and for the purpose of any
such approval, a quorum of the Board shall
consist of two-thirds of the members who
must be actually present and voting. The
Board shall meet not less than tour times
annually.
"(c) (1) A member of the Board who is
otherwise an officer or employee of the United
States shall serve without additional com-
pensation, but shall be reimbursed for travel,
subsistence, and other necessary expenses In-
curred in the performance of duties of the
Corporation.
"(2) A member of the Board who Is not
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
571
otherwise an officer or employee of the United
States shall receive compensation for his
service as a member at the per diem equiva-
lent to the rate for level IV of the Executive
Schedule under section 5315 of title 5, United
States Code, when engaged in the perform-
ance of duties of the Corporation, and shall
receive reimbvirsement for travel, subsistence,
and other necessary expenses incurred In the
performance of such duties.
■•(d) The Corporation may employ an Ex-
ecutive Director who shall be paid at an
annual rate equal to the annual rate of pay
for an individual occupying a position under
level V of the Executive Schedule under sec-
tion 5316 of title 5. United States Code.
"(e) Section 5108(c) of title 5, United
States Code, Is amended by adding at the
end thereof the following :
■••(11) the Urban Parkland Heritage Cor-
poration may place a total of three positions
in GS-16, 17. and 18.'
•■(f) The Corporation may appoint such
other employees as may be necessary to carry
out its functions.
••(g)(1) The functions of the Corpora-
tion may not be delegated or transferred to
any other agency, and no functions other
than those conferred by this title may be
delegated or transferred to the Corporation.
"(2) Section 902(1) of title 5, United
States Code, is am*ided by inserting before
the semicolon at the end thereof the fol-
lowiiig: or the Urban Parkland Heritage Cor-
poration'.
"(h) There are hereby authorized to be
appropriated such sums as may be necessary
for the operation of the Corporation.
"GRANTS AND LOANS FOR ACQUISITION, DEVEL-
OPMENT, AND OPERATION OF OPEN-SPACE LAND
"Sec 704. (a)(1) The Corporation is au-
thorized to make grants and loans pursuant
to section 709 to States and local public
bodies to help finance (A) the acquisition of
title to, or other interest in, open-space land
In urban areas, and (B) the development of
open-space or other land In urban areas for
opeu-space uses.
"(2) The amount of any grant under this
section shall not exceed 75 per centum of
the eligible project cost, as approved by the
Corporation, of such acquisition and de-
velopment. If, however, the project Involves
the acquisition of Interests in undeveloped
or predominately undeveloped land which, If
withheld from commercial, industrial, and
residential development, would have special
significance in helping to shape economic
and desirable patterns of urban growth (in-
cluding growth outside of existing urban
areas which is directly related to the develop-
me;u of new communities or the expansion
and revitalizatlon of existing communities),
or if the State or local public bodies could not
otherwise reasonably meet its need for open-
space lands, the Corporation may make
grants to State and local public bodies in an
amount not to exceed 90 per centum of the
eligible project cost of the acquisition and
development of such lands. The amount of
any such loan shall not exceed 50 per centum
of such eligible project cost.
"(3 1 Any loan under this section shall bear
interest at a rate not less than the aver-
age annual Interest rate on all Interest-
bearing obligations of the United States then
forming a part of the public debt as com-
puted at the end of the fiscal year next pre-
ceding the date of the loan "and adjvtsted
to the nearest one-eighth of 1 per centum,
and each such loan shall be secured by such
real or personal property as the Corporation
may require.
"(4) In no case shall the combined amount
of grants and loans made bv the Corporation
pursuant to this title to any State or local
public body exceed 90 per centum of the
eligible project cost for the acquisition and
development of open-space lands.
"(b) The Corporation is authorized to
make grants pursuant to section 709 to States
and local public bodies to help finance the
operation and maintenance of open-space
or other land m urban areas for open-space
uses lor the first four fiscal years cf the
operation of such lands. The amount of any
such grant shall not exceed 75 per centum
cf the eligible project cost, as approved by
the Corporation, of such operation and
maintenance for the first fiscal year of oper-
ation, 60 per centum of such costs for the
second fiscal year of operation. 45 per centum
of such costs for the third fiscal year of
operation and 30 per centum of such costs
for the fourth fiscal year of operation. The
eligible project costs for the operation and
maintenance of open-space land shall be
those costs which are incurred for equipment
and supplies used on the site of svich open-
space land and for the payment of salaries
to employees who manage and carry out the
programs on the site of such open-space
land,
"(c) No grant or loan under this title shall
be made to acquire and clear developed land
in built-up areas unless the local govern-
ing body determines that adequate open-
space land cannot be effectively provided
through the use of existing undeveloped
land.'
"(d) The Corporation may prescribe such
further terms and conditions for assistance
under this title as it determines to be de-
sirable.
"(e) The Corporation shall consult with
appropriate agencies ard officers of the Fed-
eral Government to establish and operate a
program to furnish technical assistance, upon
request, to States and local public bodies.
The Secretary of Housing and Urban Devel-
opment, the Secretary of the Interior, and
the Administrator of the Environmental Pro-
tection Agency are authorized to furnish to
the Corporation such advice and assistance
as may be necessary to carry out the provi-
sions of this subsection
"PLANNING AND GRANT REQUIREMENTS
"Sec. 705. (a) The Corporation shall make
a grant or loan under section 704 only If it
finds that such grant or loan Is needed for
carrying out a unified or officially coordinated
program, which provides for citizen partici-
pation, and which meets criteria established
by the Corporation for the provision and de-
velopment of open-space land which is a
part of. or is consistent with, the compre-
hensively planned development of the urban
area.
"(b) In carrying out its duties, the Cor-
poration shall aiso take into account —
"(1) the accessibility of major Federal or
State outdoor recreational facilities or park-
lands to the area surrounding the proposed
open-space land;
"1 2) the availability or proposed availabil-
ity of public transportation to the proposed
open-space land;
"(3) the extent of urbanization (as deter-
mined by the Corporation) in the commu-
nities surrounding the proposed open-space
land; and
"(4) the ability of the States or local pub-
lic body applying for a grant or loan to ac-
quire open-space land In a timely and ef-
ficient manner.
"conversion to OTHER USES
"Sec. 706. No open-space land for the ac-
quisition of which a grant or loan has been
made under section 704 shall be converted to
uses not originally approved by the Cor-
poration without satisfactory compliance
with regulations established by the Cor-
poration. Such regulations shall require find-
ings, after public participation (including
public hearings in a location proximate to
the open-space land), that —
■• ( 1 ) there is adequate assurance of the
substitution of other open-space land of as
nearly as feasible equivalent usefulness, lo-
cation, and fair market value at the time of
the conversion;
"(2) the conversion and substitution are
needed for orderly growth and development;
"(3) the proposed uses of the converted
and substituted land are for the benefit of
the public and In accordance with the appli-
cable comprehensive plan for the urban area;
and
"(4) any profits received as a result of such
conversion are applied to the Urban Park-
land Heritage program.
"labor standards
"Sec. 707. (a) The Corporation shall take
such action as may be necesary to Insure that
all laborers and mechanics employed by con-
tractors or subcontractors In the perform-
ance of construction work financed with the
assistance of grants under this title shall be
paid wages at rates not less than those pre-
vailing on simlliar constnaction In the local-
ity as determined by the Secretary of Labor
In accordance with the Davis Bacon Act, as
amended. The Corporation shall not approve
any such grant without first obtaining ade-
quate assurance that these labor standards
win be maintained upon the construction
work.
"(b) The Secretary of Labor shall have,
with respect to the labor standards specified
In subsection (a), the authority and func-
tions set forth in Reorganization Plan Num-
bered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267;
5 U.S.C. 133z-15i, and section 2 of the Act
of June 13. 1934. as amended (48 Stat. 948;
40 U.S.C. 276c ).
"maintenance of effort
"Sec. 708. No grant or loan shall'be made to
any State or local public body in any fiscal
year unless the State or local public body
makes assurances to the Corporation that
the amount available for expenditure by such
State or local public body from non-Federal
sources for the purposes described in sec-
tion 704(a)(1) (A) and (B) In that fiscal
year will not be less than the amount ex-
pended for such purposes from non-Federal
sources during the preceding fiscal year.
"contract authority
"Sec. 709. To finance grants and loans
under this title, the Corporation is author-
ized to incur obligations on behalf of the
United States in amounts aggregating not to
exceed $5,000,000,000. This amount shaU be-
come available for obligation on July 1. 1973,
and shall remain available until obligated.
There are authorized to be appropriated for
the liquidation of the obligations incurred
under this section not to exceed $1,000,000.-
000 prior to July 1, 1974. not to exceed an
aggregate of $2,000,000,000 prior to July 1.
1975. not to exceed an aggregate of $3,000.-
000.000 prior to July 1. 1976, not to exceed
an aggregate of $4 .000 .000 .000 prior to July 1,
1977. and not to exceed an aggregate of $5.-
000,000,000 prior to July 1. 1978. Sums so
appropriated shall remain available until ex-
pended."
HOUSE JUDICIARY SUBCOM^nTTEE
NO. 3 TO SCHEDULE HEARINGS ON
NEWSMEN'S PRIVILEGE LEGISLA-
TION AT EARLIEST POSSIBLE
DATE
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from Wiscon.«;in i Mr. Kastenmeier ' ,
is recognized for 10 minutes.
Mr. KASTENMEIER. Mr. Speaker, I
am announcing my intentions to resume
at the earliest possible date hearings be-
fore my Judiciary Subcommittee relevant
to legislation that would establish a priv-
ilege for newsmen to refuse to disclose
information or the source of information
;;72
t
CONGRESSIONAL RECORD — HOUSE
January 9, 1973
leceived by them in the course of news-
rathering. Events occurring since my
subcommittee first convened hearings
i ito this matter in September and Octo-
b^r 1972 have made more urgent the need
f)r legislation designed to protect our
f -ee press from the unbridled subpena
powers of overzealous prosecutors and
other governmental bodies. I plan to
make this important constitutional issue
first order of subcommittee business
atter the subcommittee is constituted,
a ad I am hopeful that hearings can be
s:heduled as early as the last week in
January.
These "hearings will continue to in-
\ptigate what has often been called the
' press-fair trial controversy. While
Con.stitution. on the one hand, guar-
the press the freedom to gather
report the news unencumbered by
ernmental restraint, the Constitution
3 provides, on the other hand, that the
idicial and legislative branches of Gov-
e -nment have the right to ehcit informa-
on from citizens that will get at the
tfuth of matters under dispute. Last year.
Supreme Court heard arguments on
lese conflicting rights, and deUvered an
ojainion in Branzburq v. Hayes. 40 U.S.
' W. 5025 < U.S. June 29. 1972 > that seems
have tipped the scales dramatically in
/or of the judicial system's right to
>mpel testimony from those who gather
d report the news.
In -the wake of this Supreme Court
cislon have come a number of actions
hich are viewed with particular alarm
.• those who see the free press as the
?ry touchstone of a free and democratic
s xriety. For one thing, there is growing
a pprehension among the news gathering
professionals over their ability to per-
f )rm for the pubHc investigative report-
iig into Government and other national
institutions. There is growing evidence
t lat a newsman's inability to protect his
information source from disclosure has
!■ Jsulted in the loss of some stories. The
press also seems to be reporting a sub-
s antially greater number of subpenas
a;king newsmen to reveal confldenital
news sources and Information. And fi-
nally, the Supreme Court decision seems
ti • have become a clear signal to judges at
a 1 levels not only to issue more subpenas.
bjt also to jaU summarily newsmen who
fi.il to respond to the subpena.
Paul M. Branzburg, for example, was a
d;fendant in the Supreme Court test
c ise, and now faces a 6-month jail sen-
t( nee should he ever return to the State
o; Kyitucky. Peter J. Bridge, a reporter
f)r the now defunct Newark Evening
> ews, spent considerable time in jail for
n (fusing to reveal to a grand jury the
si>urce of a news story. John Lawrence.
Los Angeles Times Washington bureau
c lief, recently spent several hours in jail
for failure to turn over to a judge con-
fidential notes and tapes gathered from
a potential witness in the Wategate case.
I- e narrowly avoided spending Christmas
ill pri.son when the news source consent-
e J to release of the confidential material.
Villiam T. Farr. a former reporter for
t le Los Angeles Herald Examiner, re-
fused to tell the judge in the Charles
^:anson murder case the source of a
statement made by a witness in that
f -ee
tie
a ntees
and
govi
;*so
.1
e
t
t
the
t
c
I
t )
f IVOT
and
c ecisl
by
very-
case. HLs refusal to name his news source
has resulted in his imprisonment, vir-
tually solitary confinement, in a Los
Angeles County jail since November 27,
^972. He remains in jail today, and other
newsmen face similar prospects.
Before the rash of subpenas and im-
prisonments started, House Judiciary
Subcommittee No. 3. coiLsistent with the
Supreme Court Justices' invitation to
correct through legislation the "evil dis-
cerned," began hearings on the ques-
tion September 21. Subsequently, hear-
ings were held on September 27 and 28,
and October 4 and 5. Numerous wit-
nesses, including representatives from
the Department of Justice, and many
professional news organizations, ap-
peared and testified. Under considera-
tion were 20 bills cosponsored by some 60
House Members.
With the sole exception of the Justice
Department representative, the wit-
nesses heard thus far have indicated
strong support for legislation to gr^t
either an absolute or a qualified privi-
lege to newsmen. The main difficulty
facing those who advocate absolute priv-
ilege is that of reconciling such privilege
with potentially conflicting rights
granted criminal defendants under the
fifth and sixth amendments of our Con-
stitution. However, if the privilege is
qualified, even to a limited degree, there
is a great risk that the well-intended ad-
vocates of such a measure will have done
more to stifle the free press in this coun-
try than if nothing at all were done
legislatively.
It Is to this delicate constitutional bal-
ancing act that I invite comment and
advice. I plan to announce specific dates
for the hearings soon.
THE MEMORIAL SERVICE FOR
FORMER HOUSE LEADER HALE
BOGGS
Tlie SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from California (Mr. McFall) Is
recognized for 15 minutes.
. Mr. McFALL. Mr. Speaker, on Janu-
■^ry 4, along with 70 of our colleagues,
we attended memorial services for our
great friend and fellow House leader.
Hale Boggs.
The occasion was certainly one of the
most beautiful that I have ever attended.
The theme was not one of sorrow but of
hope, and many of those in attendance
remarked that they were truly inspired
by the service.
In order to share the experience with
those who were unable to attend, I would
like to take this opportunity to include
in the Record the remarks of Archbishop
Philip M. Hannan. of New Orleans, and
those of the Speaker, the Honorable
Carl Albert:
Archbishop Hann.^n's Homily
"I CEune that they may have life and have
It more abundantly" (John 10:10).
These words of Christ, describing His mis-
sion In life. Inspired the life of the humble
servant of Christ. Hale Bo^gs. He chose to
follow His Savior as a public servant, the
spokesman for his fellow citizens in seeking
a better life for them and our country. His
life was totally dedicated to his family and
to the House of Representatives In his serv-
ice to his constituents. In the words of his
extremely beloved wife, "He had a lifelong
love affair with the House." As everyone
knows, she and his family were his first love
and the source of his strength and success
in the House on Capitol Hill. His love and
life In the House of Representatives reflected
his life in his home, his abiding and proud
love of Llndy and his family. To them we
extend our deepest feelings of sympathy and
condolence. To them we also express our
gratitude. As the family Is the basic unity of
society and this nation, the family life of
Hale in his parents' home and then in his
home with Lindy and their children was a
notable contribution to the life of the nation.
Their family life vindicated the American
way of life.
In expressing our sympathy to his family,
we Include all those who were so devoted to
him that they consider Hale to be a member
of their family, especially his exceptional
staff and totally devoted supporters. Hale
loved people. He believed In people. He had a
charisma for communicating that love and
respect for all peoples. To Hale, nobody was
ordinary; consequently, he felt equally at
home with people everywhere, whether It
was in the White House, the Irish Channel,
Uptown New Orleans, or the West Bank. That
spirit of identity was best expressed possibly
by an Incident that occurred In Baratarla,
one of our unique communities that give
Louisiana Its distinctive charm. Although
some prominent citizens had worked hard on
a costly development project for that area,
and Hale had worked very hard with them
to secure the funds, they unexpectedly in-
formed him that they decided to drop the
project. Hale was very surprised and natu-
rally asked why they had changed their
minds. Their leader replied, "We like you.
Hale, and want you as our Representative.
But this big development might bring in
some people who wouldn't like you as we do.
So we would rather just forget the develop-
ment."
A unique tribute that reflects as much
credit on those who conferred it as on the
recipient. That incident Illustrates the per-
sonal trust In Hale that resulted In his elec-
tion to the House when he wa,s only 25 years
old. After three years of service in the Navy.
during World War II. he returned to the
House in 1946, and served there to the pres-
ent time. His election by his Democratic col-
leagues as Majority Leader In 1971 was evi-
dence of the fact that his colleagues shared
the esteem for him of his Louisiana con-
stituents.
Hale's devotion to the House was the
measure of his respect for the dignity of his
fellow man. Consequently, he had a tower-
ing regard for the office of those who were
elected to posit tons of eminent authority
by the people. He saw them as deputies using
the authority whose final source is God. Typ-
ical of this attitude was his respect for the
office of President. Vice President, and Speak-
er of the House. I remember frequently .see-
ing him attend Mass at old St. Patrick's
Church on Tenth Street In Washington when
I was pastor there. In his usual cordial
fashion Hale would always .say a friendly
"Hello" to the priest, but if the former
Speaker, John McCormack. was outside the
Church, Hale would invariably tread his way
over to pay his respects to the Speaker, al-
ways taking off his hat before shaking his
hand, regardless of the weather.
This respect for the dignity of every man.
typified by his respect for the elected au-
thority, led him Xo support with indomit-
able courage legislation that benefited the
community In almost every aspect of life.
His zeal and vision are evident thoughout.
not only his district, but the whole national
community. That vision and courage were
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
573
nowhere more evident than in the matter
of civil rights.
Before he cast his vote on a hotly debated
civil rights bill, he said simply that he had
consulted his conscience, had talked with
Llndy and his family and would act according
to his convictions. He voted his conscience,
however hard the consequences.
Hale's political campaigns were authentic
expressions of his convictions, expressing
substance not sensation. He always said In
his rich and deep-toned voice, "I always try
to favor the things that bring people to-
gether, not those that divide them." He be-
lieved in this principle, whether It applied
to neighborhoods or nations. Thus he was
wining to go to Peking or anywhere else at
the President's request In the cause of peace
based on freedom and justice. He believed in
the community of man who needs bread but
cannot live on bread alone.
During one campaign he said that he got
his campaign slogan once from reading the
Sunday leaflet printed in this cathedral. After
Mass, he went to see the Pastor, Father Nick,
and gave him a donation for supplying him
with his campaign slogan. This Is no hint
for those present today and we have no copy-
right on the Mass leaflets, nor on this ser-
mon.
Hale was deeply aware, by his unusual acu-
men and his conscience, of the dilemma and
contradictions In our age of wonderful tech-
nology— an age of Apollo voyages which we
unstlntingly praise, television by satellite,
heart transplants. Instantaneous communi-
cations. We have reached the moon but we
have not yet reached our neighbor. We have
probed the moon's surface but we have not
sufficiently probed the heart of man. Dr. Carl
Jung, the eminent psychiatrist, said years
ago, "It is easier to reach the moon and Mars
than it is to get inside the human being."
Science, employed to serve man, has caused
tensions and Inequalities.
Hale recognized these contradictions and
problems of cur times. He not only knew
them: he felt them. He knew that the only
means of resolving contradictions and bring-
ing unity was an over-arching charity that
could touch all men. His convictions were
expressed In his zeal to push legislation that
would make everyone feel our common char-
ity and concern. He knew that a nation Is
composed of men and that the measure of
a country Is not the height of the Dow-
Jones average but the height of every man's
dignity and self-pride.
This Is not to say that he did not appre-
ciate the talents and efforts of those who
produce our technology and our wealth. He
recognized, in his own life of stewardship.
that the concept of stewardship Involves a
difference in talents. But he recognized that
those talents, granted by the Creator, were
to be used for the Creator's purpose.
Hale was a man of deep compassion and
courage. Mindful of the human condition, he
always tried to work out a solution even for
seemingly Impossible problems knowing that
dealing on a person-to-person basis Is more
effective than dealing only with documents.
He believed that change, even drastic change
could be effected by evolution rather than
revolution. Hale believed that a Congress-
man was not elected to elicit harsh Judg-
ments but to effect change. He sought al-
ways, even in the midst of debate, that
attitude expressed by a philosopher, "I hope
that I will always be for each man what
he needs me to be ... I hope that mv love
for those whom I like will never lessen my
iove for those whom I do not. I hope that
another man's love for me will never be a
measure of my love for him" ("In the Still-
ness Is the Dancing," p. 62) .
Always buoyant, always optimistic, his
steady faith in God, his spirit of hope and
constant charity will gain him we pray,
the Presence of the God he humbly tried to
serve. He saw suffering and he tried to relieve
It: he saw poverty and he tried to cure It;
he saw the Image of God In every man and
he sought to honor It; he saw the vision of
a more abimdant life for all and he strove
to effect it. To such a man of faith apply the
words of the Sacred Liturgy which he so
often heard and prayed, "For to your faith-
ful. O Lord, life Is changed not taken away;
and this earthly abode being dissolved, a
worthy habitation Is prepared in heaven."
Hale Boggs Eulogy
(Delivered by Speaker Carl Albert, St. Louis
Cathedral. New Orleans, La., January 4,
1973)
We have come here today — to this historic
Cathedral In the city that Hale Boggs so
deeply loved — to honor the memory of a
friend, a great public servant, and a remark-
able man.
No words of ours, and certainly no eulogy
of mine, can pay proper tribute to this great
American. The real tributes to Hale are the
private and personal memories that will re-
main keen and vivid In our minds. And those
memories of him are as varied and as num-
erous as his friends who are gathered here
today.
The vigorous and powerful personality of
Hale Boggs was always filled with life. His
zest for living, his compassion for his fellow
men. his keen and probing Intellect could not
help but overflow Into the lives of those of
us who were fortunate enough to walk
through life with him. Within the hearts of
each of us lies a treasure of heartfelt senti-
ments stemming from our recollections of
the impact his life had on us.
If Hale Boggs — the individual — cast a giant
shadow, so did his nearly three decades of
distinguished service In the United States
House of Representatives. He deeply loved
the House — where the esteem, respect and
love In which he was held by all Members,
regardless of politics, have never been sur-
passed in the history of that great Institu-
tion,
He enjoyed Its political life to the utmost
and enriched Its history immensely. Draw-
ing his strength from the daily trials and
vigors of Congressional life, he vvas a master
strategist, a brilliant debater and a great
compromiser — In the best sense of that word.
His gregarious nature — his charm and ready
wit — complemented his Intelligence and per-
suasive use of power.
His rare ability to transform the most flery.
divisive Issues Into rational discussion
bridged many factional chasms.
He had his finger on the pulse of the na-
tion— and as much as any man I have ever
known, he could read Americas moods and
understand its fears and aspirations.
Hale Boggs' compassionate spirit was
deeply rooted In his desire to help people.
He crusaded to upgrade the lives of the poor.
the sick, the downtrodden, and the elderly to
insure equality for all Americans.
Hale's disappearance was a grievous loss
not only to the House of Representatives, but
to me personally. He was my right arm. We
served together in the Democratic leadership
for a full decade. And we served together as
colleagues and friends for many years before
that. Only my mentors, former Speakers Bam
Rayburn and John McCormack, have been as
close to me In the conduct of the business of
the House of Representatives.
But the story of Hale Boggs is more than
one of a great public servant. He fostered
one of the finest families I have ever known.
The Boggs family has splendidly weathered
the storms of political life and of personal
grief, setting a strong example for all of us.
Hale's good wife, Llndy, Is truly a leader.
His son. Tommy, and his daughters, Barbara
and Corrine, are ttuje of the finest and most
decent people I hJ« e\-er known.
This family p^Med the key Inspiration,
understandlng"'1^r love for the man we
honor. Hale was always extremely proud of
his family. They were an active part of his
public as well as his private life and they
stand tall in his image today.
So Hale Boggs was an exceptional individ-
ual—as husband, father, political leader and
friend. We would all agree with the Journalist
who recently said, "He was close to the Irre-
placeable man."
Hale Boggs stood like a towering oak
among his feUow men — and his absence, as
Edwin Markham said of another great leader,
"leaves a lonesome place against the sky."
■While we shall long grieve at his loss we
shall forever remember his Joyful life and
give thanks that we could share a portion of
It together. I shall feel the warmth of hla
friendship as long as I live.
JOHN FRANK STEVENS ( 1853-1943 >•
TRANSPORTATION ENGINEERING
GIANT
The SPEAKER pro tempore. Under a
pre\'ious order of the House, the gentle-
man from Pennsylvania (Mr. Flood) is
recognized for 10 minutes.
Mr. FLOOD. Mr. Speaker, in the study
of interoceanic canal history and prob-
lems one of the greatest engineering
leaders encoimtered is John Frank Ste-
vens of West Gardiner, Me.. 1853-1943;
former Chief Engineer of the Isthmian
Canal Commission, 1905-07; and the first
official to hold the combined positions of
Chairman and Chief Engineer of that
Commission. 1907.
The major constructive achievements
in the career of this gifted man include:
First. Construction of the Great
Northern and other United States and
Canadian railroads, 1879-190a;
Second. Discover>' of Marias Pass
through the Rocky Mountains in Mon-
tana, 1889; and Stevens Pass across the
Cascade Mountains in Washington, 1890:
through which the Great Northern was
built and extended to the Pacific:
Third. Design and successful launch-
ing of the project for constructing the
Panama Canal. 1905-07;
Fourth. Rehabilitation and operation
of Russian. Siberian, and Manchurian
Railroads. 1917-23.
In his work in the Pacific Northwest,
Stevens was a worthy successor to Lewis
and Clark, contributing greatly to the
settlement of that vast region and the
development of its resources. For his
work in the design and construction of
our Isthmian Canal, he was mainly re-
sponsible for the great decision for the
high level lake-lock type and is recog-
nized in the history of the Panama Canal
as its basic architect. In Russia, Siberia,
and Manchuria, at a time of war, revo-
lution and civil strife, he headed what is
known as the Stevens Railway Commis-
sion for the rehabilitation and operation
of the railroads in those tremendous
areas. Together, his works in the Pacific
Northwest, at Panama, in Russia and the
Far East, establish him as a transporta-
tion-engineering giant in the commercial
development of the Pacific Basin and
have been of immeasurable benefit to
the peoples of all continents.
After return from the Far East, Stev-
ens was awarded the John Fiitz Medal
for Great Achievement and in 1927 was
elected President of the American So-
ciety of Civil EIngineers.
574
CONGRESSIONAL RECORD — HOUSE
Januarij 9, 1973
In Supplement Three to the Dictionary
of American Biography, published in
19!72 by Charles Scribner's Sons, there
is Jhe first biographical sketch of Stevens
in a work of general reference, prepared
by Necl FitzSimons, C.E., chairman of
the Committee on History of the Ameri-
cah Society of Civil Engineers.
Since the death of Stevens in 1943,
hit ma.ior contributions have been in-
creasingly recognized and he is now being
sponsored for election to the Hall of
Fame for Great Americans, New York
Ui^iversity. by the John F. Stevens Hall
of Fame Committee at 345 E. 47th St.,
suite 1800. New York, N.Y. John M.
Budd. former president of the Great
Northern and now chairman of finance
of the Burlington Northern, is the na-
tional chairman.
Because the indicated biographical
sketch should be of wide historical in-
terest. I quote It as part of my remarks
along with the resolutions of two im-
portant professional organizations sup-
porting the election of Stevens:
From Dictl>j(ary of Ameriran Biography —
Supplement Three]
Stevens. John Frank i AprU 25. 1853-June 2,
1943 1, civil engineer and railroad executive,
was born near West Gardmer, Maine, the son
of John Smith and Harriet Leslie (French)
Stevens. He w is a oirec: descendent of Henry
and Alice Stevens who emigrated from Cam-
bridge. England to Boston in 1635.
^al ed on a small farm, young Stevens at-
lerlded the local common school. After a
coUrse at the nearby Farmlngton Normal
School, he taught for about a year but be-
came dscouraged by its routine and decided
to takp up engineering. In 1872. he found a
job on a Held crew in Lewlston, and made stir-
tey^ for mills and 'ndustrlal canals. A year
lat«r. after learning the rudiments of sur-
i.evlng. he went to Minneapolis where he
ivoilced as a rodman for the city engineer.
By a.'^siduous nightly study, he educated him-
self further, became an laatrument man. and
in 1874 w£is promoted to assistant city engl-
iiea-. At that time, Minneapolis had about
IS.uOO people and was growing rapidly. Ste-
'.eris. however, decided to seek his fortune In
r.iUroading, and from 1875 to 1877 he worked
IS a Junior engineer on various railways In
Minnesota. He then left for north Texas
*here. at the age of twenty-two. he was made
Engineer-In-Chief" of the Sabine Pass and
Northwestern Railway. Unfortunately, the
-ompany failed in less than two years and the
loting engineer had to accept employment as
1 tf.ickhand at $1.10 a day. By the year 1879,
stetens had worked hlmielf up to roadmas-
terj b'.it in that year the Denver & Rio Grande
Railroad was e.xtendlng thetr lines Into New
Mexico and he became one of the many as-
sistant engineers on road location and con-
struction; later specializing in bridge con-
struction. During 1881-2 he returned to the
N'orth Central States as an assistant engineer
an the Chicago, Milwaukee and St. Paul Rail-
road working principally In Iowa and then
^■ent to work for a contractor building the
;:anadlan Pacific Railroad. Between mid-May
ind mid-November 1882 almost a thousand
Tiiles of line was built West from Winnipeg.
The next year, Stevens Joined the staff of the
Canadian Pacific as a locating engineer.
iVorklng mostly In the mountainous province
3f British Columbia, he rose to the position
)f Division Engineer before the "Golden
Spike" was driven on November 7, 1885. He
•eturned to the United States to a similar
position for the Chicago, Milwaukee and St.
Paul Railroad, but in December 1886 he left
;o become the Principal Assistant Engineer
'or the Duluth, South Shore and Atlantic
Railroad. It was for this company that he
first had complete charge of a project from
start to finish; Initial surveys, line location,
construction and test runs cf the trains. The
line ran for almost 400 miles from Duluth
to Sault Ste. Marie through the heavy forests
and swamps of the Upper Peninsula of Mich-
igan.
After a brief period with the Spokane Falls
and Northern Railway where he gained val-
uable knowledge of the Northwest, Stevens
made perhaps the most Important decision of
his life; he Joined the organization of James
J. Hill (1838-1916) q.v. in building an un-
subsldlzed transcontinental railroad along
the northernmost route. Stevens was as-
signed to explore the route west from Havre,
Montana. In the bitterest cold, over a period
of weeks, he sought and, on December 11.
1889, found the now famous Marias Pass
which provided the key passage across the
Continental Divide. (N.B. In 1925 an heroic-
size bronze statue of Stevens was erected
at the pass in his honor by the grateful
Great Northern Company.)
Next. Stevens was sent to Washington to
explore the Colimabla River and the Cascades
for the final route down the western slopes of
the Divide. Near Lake Wenatchee a key pass
(now known as Stevens Pass) was located
and the final route selected. Construction on
the eastern section had begun in 1890 and
late in 1891 it began on the western section
from Everett. Washington. It was during this
period that Stevens attracted Hill's personal
attention. He was made Assistant Chief En-
gineer In 1893. and Chief Engineer In 1895.
He served in this capacity until 1903 when
he accepted the position of Chief Engineer
and later Vice-President of the Chi^iago, Rock
Island and Pacific Railway Company.
During his tenure as the Great Northern's
Chief Engineer more than a thousand miles
of new line was built and much of the exist-
ing system modernized. Perhaps the most
famous single project was the Cascade T\in-
nel, a 2.6 mile rock bore built between 1897
and 1900.
On June 30, 1905 Secretary of War William
H. Taft q.v., appointed Stevens Chief Engi-
neer of the Isthmian Canal Commission suc-
ceeding John F. Wallace. In February, 1906,
he supported the minority opinion In the
Report of the Board of Consulting Engineers
for the Panama Canal which favored a locked
canal over a sea-level canal. President Theo-
cfore Roosevelt, q.v., directed that Stevens'
plan with locks be adopted and the massive
project proceeded under Stevens' direction.
He realized that earth-moving operations
shou'u receive his greatest personal atten-
tion and he organized an extensive system
of raUroads to transport the soU and rock
from the Culebra (now Galllard) Cut, the
Inter-oceaiUc divide. Accepting the theory of
the mosquito as the vector for yellow fever
and malaria. Stevens became an ardent sup-
porter of Colonel William C. Gorgas In his
work of health and sanitation. By the end of
1906. all major decisions had been made and
construction was progressing In spite of ad-
ministrative Inertia. Frustrated by delays,
Stevens decided to retire from the work and
on January 30, 1907, resigned. Notwithstand-
ing his resignation. President Roosevelt, on
March 4. appointed him Chairman of the
Commission. His successor. Colonel (later.
General ) G. W. Goethals q.v.. was to say,
"The Canal is his (Stevens') monument."
Stevens returned to the United States to
become Vice-President of the New York,
New Haven and Hartford Railroad. However,
in the Summer of 1909, he rejoined his old
friend, J. J. Hill in a plan to develop a new
talent Stevens chose to assist him In his
railroad system In the Northwest. Among the
undertaking were Ralph Budd as Chief En-
gineer, and Ralph Modjeskl as Bridge Engi-
neer q.q.v. This project (the Spokane, Port-
land and Seattle Railway) was. perhaps, as
much a legal exercise as a technical chal-
lenge, but It was successfully completed In
1911 when Stevens left to open a private
practice in New York City.
In 1917, President Wooodrow Wilson ap-
pointed Stevens Chairman of the U.S. Rail-
way Commission to Russia with the diplo-
matic status of Minister Plenipotentiary. Two
years later he was made President of the In-
ter-AlUed Technical Board of the Siberian
Railways, a post which he held until 1923
During these six years, the collapse of the
Czarist government occurred and he was
forced to be de facto manager of a cast net-
work of railways which extended ^roughout
Russia, In a milieu of revolution, atiarchy and
international Intrigue. The ma^v foreign
decorations he received for his effoftfi_jtestiry
to his success.
Stevens' last major consulting project was
coincidentally. a feasibility study for a tun-
nel at Stevens Pass. The report was com-
pleted In 1925 and the New Cascade Tunnel,
with Its 7.8 mile bore, was constructed be-
tween 1926 and 1928. Although In his seven-
ties, Stevens maintained an active life par-
ticularly In professional affairs. In 1927, he
served as President of the American Society
of Civil Engineers.
Retiring to a home at Southern Pines,
North Carolina, Stevens gradually relin-
quished the many responsibilities he had
borne so long. But even as late as March,
1936. he visited the Panama Canal.
The number of honors accorded John
Stevens is so great as to make their listing
impractical, but among them are the fol-
lowing: Honorary doctorates from Bates Col-
lege (Maine), University of North Carolina,
University of Michigan and the Polytechnic
Institute of Brooklyn; honorary member-
ships in the American Society of Civil Engi-
neers and the Franklin Institute; and deco-
rations from the United States, France,
China, Japan, and Czechoslovakia.
Hp married Harriet O'Brien of Boston on
January 6, 1876 in Dallas, Texas. They had
five children, two of whom died in Infancy.
When Mr. Stevens died at his home In
Southern Pines, he was survived by three
sons, Donald F., John F. Jr., and Eugene C.
Stevens. His interment was in Boston near
his wife who had died in 1917.
About John F. Stevens
[Transactions, American Society of Civil
Engineers, Vol. 109 (1944): The National
Cyclopaedia of American Biography, Vol.
XXXII (1945); Records of American Society
of Civil Engineers (written by Stevens);
"John Frank Stevens and the Great North-
ern Railway Company," Drs Ralph and
Muriel Hldy, unpublished manuscript 1969,
Private Communication. C. E. Smith, Vice-
President, New York. New Haven and Hart-
ford Railroad, 25 April 1969 1
Miles P. DuVal. Jr., And the Mountains WUl
Move, Westport. Conn.: Greenwood Press,
1968.
By John F. Stevens
[A Sketch of the Panama Canal . . ., New
Haven. Connecticut, 1908; The Relations of
Railways to Canals. Philadelphia. 1909. An
Engineer's Recollections. McGraw-Hill. New
York, 1935, Report of the Board of Consult-
ing Engineers for the Panama Canal. Gov-
ernment Printing Office, Washington, D.C.
1906 (Stevens etal.) |
Neal FitzSimons, C.E,
GoRGAS Memorial Institute of
Tropical and Preventive Medicine,
Washington, DC.
Resolution Adopted by the Board of Di-
rectors OF THE Gorgas Memorial Insti-
tute OF Tropical and Preventive Medicine,
Inc. on September 15, 1972
Whereas, the membership of the Gorgas
Memorial Institute of Tropical and Preven-
tive Medicine includes eminent authorities
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
575
in these fields who are familiar with the his-
tory of health and sanitation on the Isthmus
of Panama and the dramatic story of con-
structing the Panama Canal; and
Whereas, the late John Frank Stevens, a
native of west Gardiner. Maine, and one of
the most distinguished civil engineers in the
field of railroad construction In the history
of the world, was appointed on June 30, 1905,
by President Theodore Roosevelt as Chief fen-
gineer of the Isthmian Canal Commission at
a time of grave crisis incident to a yellow
fewer epidemic; and
Whereas, Chief Engineer Stevens, who had
accepted the theory of the mosquito as the
chief vector of yellow fever and other tropi-
cal diseases, on assuming direction of the
Canal project on July 25, 1905, recognized
the danger and immediately became an ar-
dent supporter of Chief Health Officer Wil-
liam C. Gorgas in the indispensable work of
sanitation on the Isthmus that made the
construction of the Panama Canal possible;
and
Whereas, while serving as Chief Engineer,
1905-1907, Mr. Stevens developed the high-
level-lake and lock plan for the construction
of the Canal, brought about its adoption by
the President and the Congress; acquired a
major part of the plant for construction,
formed the permanent engineering organi-
zation, and launched the project on the road
to successful completion, gaining a place in
history as the basic architect of the Panama
Canal.
Be It, therefore, resolved. That the Gorgas
Memorial Institute of Tropical and Preven-
tive Medicine strongly recommends John
Frank Stevens as eminently meriting me-
morialization In the Hall of Fame for Great
Americans at New York University and re-
spectfully commends his election to this great
honor in 1973.
American Society op Civil Engineers,
New York. N.Y.
Resolution
Whereas, John Frank Stevens, Past Presi-
dent of the American Society of Civil En-
gineers, achieved eminence in the profession
of Civil Engineering through his Ufe-Iong
devotion to the planning, design, construc-
tion and operation of American railroads
and;
Whereas, through his courageous explora-
tions, the first major rail link to the North-
west became a reality and;
Whereas, through his dynamic leadership
and engineering skill, the unsuccessful meth-
ods to build the Panama Canal were changed
into efficient engineering construction pro-
cedures thus saving the Canal project from
failure and;
Whereas, through his strength of character
and managerial skill, he created order from
the chaos of the Far Eastern Railroad sys-
tem, accomplishing this at the request " of
the United States government although it
required great personal sacrifice;
Sou- be it therefore resolved, That the
American Society of Civil Engineers whole-
heartedly supports the election of John Frank
Stevens to the Hall of Fame for Great Amer-
icans.
INTRODUCTION OF LEGISLATION
TO PROVIDE A 3 -YEAR AUTHORI-
ZATION FOR CERTAIN REGULA-
TORY AGENCIES
<Mr. BROYHILL of North Carolina
asked and was given permission to ex-
tend his remarks at this point in the
Record and to include extraneous
matter.)
Mr. BROYHILL of North Carolina. Mr.
Speaker, on the opening day of the 93d
Congress I introduced legislation to pro-
vide a 3 -year authorization of funds for
the following Federal regulatory agen-
cies: Federal Trade Commission. Federal
Power Commission, Federal Communica-
tions Commission, Interstate Commerce
Commission, Federal Aviation Adminis-
tration. Civil Aeronautics Board, Securi-
ties and Exchange Commission, and the
Food and Drug Administration.
For some time, I have been deeply con-
cerned about the failure of the Congress
to exercise its legislative oversight au-
thority in a number of areas. The various
regulatory agencies come readily to mind
as examples of congressional abnegation
of authority.
These agencies were established by the
Congress as independent bodies charged
with regulating various aspects of trade
and commerce. In reality, however, there
has been little or no congressional over-
view of the job they are doing, the way
their authority is exercised, or the direc-
tion in which they are moving in the is-
suance of far-reaching regulations.
Some of the issues which the Congress
sliould explore are whether regulated in-
dustries are being treated fairly, whether
consumer interests are being protected,
whether the public interest is being
served, and whether these agencies are
following in the intent of the Congress
in their day-to-day activities. In this
ovei-view, needed amendments to the acts
should also be considered.
My bills, which would authorize fimds
for fiscal years 1974, 1975, and 1976 for
the above-mentioned agencies, would in-
sure a greater degree of congressional
oversight by controlling the budgets of
these agencies. Under present procedures,
these agencies present their budget di-
rectly to the House Appropriations Com-
mittee. The committees with legislative
authority over the activities of the reg-
ulatory agencies seldom take the op-
portunity to review their operations. At
present, our only legislative contact with
these agencies is to amend the enabling
legislation to provide them with greater
authority than they now possess.
By establishing a 3-year authorization
of funds, my bills would permit the Con-
gi-ess to conduct an in-depth study of
each regulatory agency every 3 years.
The authorizations provided under these
bills are based on agency budgets for the
current fiscal year, with moderate in-
creases for succeeding years.
An example of the procedure which I
am recommending is contained in the
bill to establish a Consumer Product
Safety Commission, which was enacted
into law in the 92d Congress. Under that
legislation, which I had a large part in
drafting, the Consumer Product Safety
Commission will receive a 3-year author-
ization. After that time, the Commission
must come before the Interstate and
Foreign Commerce Committee to request
an extension of the act, and it is the firm
intent of the committee to review the
Commission's activities at that time.
It is quite possible that this legislation
will need polishing and perfecting before
it is enacted into law. I want to state my
strong intentions of pursuing this goal
in the 93d Congress, and I welcome the
help and support of my colleagues in the
House of Representatives.
SPECIAL ORDERS GRANTED
By unanimous consent, permission to
address the House, following the legisla-
tive program and any special orders
heretofore entered, was granted to:
Mr. Steiger of Wisconsin, for 15 min-
utes, today, and to include extraneous
matter and charts and tables.
Mr. Bell (at the request of Mr. Ger-
ald R. FoRD) to address the House for
10 minutes, today, and to revise and ex-
tend his remarks and include extraneous
matter,
<The following Members (at the re-
quest of Mr, Edwards of Alabama), to
revise and extend their remarks, and to
include extraneous matter:)
Mr. MiNSHALL of Ohio, on January 16,
for 1 hour.
Mr. Minshall of Ohio, on January 29,
for 1 hour.
(The following Members (at the re-
quest of Mr. Owens > . to revise and ex-
tend their remarks, and to include ex-
traneous matter: >
Mr. Drinan, today, for 30 minutes.
Mr. Dent, today, for 10 minutes.
Mr. Annunzio, today, for 5 minutes.
Mr. RosTENKOwsKi, today, for 5 min-
utes.
Mr. Gonzalez, today, for 5 minutes.
Mr. Kastenmeier, today, for 10 min-
utes.
Mr. McFall, today, for 15 minutes.
Mr. Flood, today, for 10 minutes.
Mr. Reuss, on January 11, for 30 min-
utes.
Mr. Roncalio of Wyoming, on January
11, for 5 minutes.
EXTENSION OF REMARKS
By unanimous consent, permission to
revise and extend remarks was granted
to:
Mr. Ullman in the body of the Record
and to include extraneous matter, not-
withstanding the fact that it exceeds 32
pages of the Congressional Record and
is estimated by the Public Printer to cost
$5,440.
Mr. Roush in two instances and to in-
clude extraneous matter.
Mr. BoLLiNG, and to include extrane-
ous material.
Mr. Bennett to revise and extend his
remarks, and to include extraneous mat-
ter in the body of the Record notwith-
standing the estimated cost of $807.50.
Mr. Randall, to include extraneous
matter relating to editorials in the papers
of their district and of Missouri and
other leading American newspapers
eulogizing former President Harry S
Truman.
(The following Members (^at the re-
quest of Mr. Gerald R, Ford> and to in-
clude extraneous matter: >
Mr. Railsback in three insttinces.
Mr. Shoup.
Mr. McClory in three instances.
Mr. Bray in three instances.
Mr. Chamberlain in two instances.
Mr. Carter.
Mr. Anderson of Illinois in three in-
stances.
Mr. Heinz.
Mr. Collins in four instances.
Mr. Don H. Clausen.
Mt. Gerald R. Ford.
576
CONGRESSIONAL RECORD — HOUSE
January 9, 1973
\Ir. Mills of Maryland.
'The following Members ^at the re-
quest of Mr. Owens > , and to include
extraneous matter: i
Mr. MoLLOH.AN in three instances.
Mr. Carey of New York.
Mr. Flood.
Mr. Gonzalez in three instances.
Mr. Rarick in three instances.
Mr. Drinan.
Mr. Annunzio in 10 instances.
Mr. Helstoski in 10 instances.
Mr. CoRMAN in 10 instances.
Mr. EviNS of Tennessee in six In-
stances.
Mr. Long of Marj-land in two in-
stances.
Mr. f)ELLUMS in 10 instances.
Mr. Anderson of California in five in-
stances.
Mr. Zablocki in three instances.
Mr. K.ASTENMEIER.
Mr. DoMiNicK V. Daniels in two in-
stances.
Mr. Nichols.
Mr. Hamilton.
Mr. Byron in 10 instances.
Mr. Flood.
Mr. Bingham in two instances.
Mr. Runnels.
ADJOURNMENT TO THURSDAY.
JANUARY 11, 1973
Mr. OWENS. Mr. Speaker, I move that
the House do now adjourn.
The motion was agreed to; according-
ly I at 1 o'clock and 13 minutes p.m.t,
under its previous order, the House ad-
journed until Thursday, January 11.
1973. at 12 o'clock noon.
EXECUTIVE COMMUNICATIONS,
ETC.
Under clause 2 of rule XXTV, executive
communications were taken from the
Speaker's table and referred as follows-:
197. A letter from the Assistant Secretary
of Defense (Comptroller), transmitting a re-
port of receipts and disbursements for sur-
plus, salvage and scrap sales and the sale of
lumber and timber products, covering the
first quarter of fiscal year 1973, pursuant to
section 712 of Public Law 92-570; to the
Committee on Appropriations.
198. A letter from the Assistant Secretary
of the Air Force (Manpower and Reserve
A.fTalrs ) , transmltlng a draft of proposed leg-
islation to amend title 10. United States
Code, to Improve the opportunity of nurses
and medical specialists for appointment and
promotion In the Regular Army or Regular
Atr Force, and authorize their retention be-
yond the mandatory retirement age; to the
Committee on .Armed Services.
199. A letter from the Deputy Assistant
Secretary of Defense (Installations and Hous-
ing), transmitting notice of the location,
nature, and estimated cost of a construction
project proposed to be undertalcen for the
Air Force Reserve, pursuant to 10 U.S.C.
2233a(l): to the Committee on Armed
Services.
200. A letter from the Deputy Assistant
Secretary of Defense (Installations and
Housing I. transmitting notice of the loca-
tion, nature, and estimated cost of various
construction projects proposed to be under-
taken for the Army National Guard, pursuant
to 10 U.S.C. 2233a(l); to the Committee on
Armed Services.
201. A letter from the Director, Adminis-
trative Office of the U.S. Courts, transmitting
two drafts of proposed legislation, one to au-
thorize additional judgeships for the U.S.
courts of appeals, and the other to provide
for the appointment of additional district
Judges, and for other purposes; to the Com-
mittee on the Judiciary.
202. A letter from the Director, Adminis-
trative Office of the U.S. Courts, transmitting
a draft of proposed legislation to provide for
the setting aside of convictions in certain
cases and for other purposes; to the Commit-
tee on the Judiciary.
203. A letter from the Director, Adminis-
trative Office of the U.S. Courts, transmitting
a draft of proposed legislation to amend the
Bankruptcy Act to abolish the referees' salary
and expense fund, to provide that fees and
charges collected by the clerk of a court of
bankruptcy In bankruptcy proceedings be
paid Into the general fund of the Treasury
of the United States, to provide salaries and
expenses of referees be paid from the general
fund of the Treasury, and to eliminate the
statutory criteria presently required to be
considered by the Judicial Conference In fix-
ing salaries of full-time referees; to the Com-
mittee on the Judiciary.
204. A letter from the Director, Adminis-
trative Office of the U.S. CTourts, transmitting
a draft of proposed legislation to amend sec-
tion 40b of the Bankruptcy Act (11 U.S.C.
68(b) ) to remove the restriction on change
of salary of full-time referees; to the Com-
mittee on the Judiciary,
205. A letter from the Director, Adminis-
trative Office of the U.S. Courts, transmitting
a draft of proposed legislation to amend sec-
tion 48 of the Bankruptcy Act (11 U.S.C.
76) to Increase the maximum compensation
allowable to receivers and trustees; to the
Committee on the Judiciary.
206. A letter from the Director, Administra-
tive Office of the U.S. Courts, transmitting
a draft of proposed legislation to amend the
Bankruptcy Act and the clvH, service retire-
ment law with respect to the tenure and
retirement of referees in baiikruptcy; to the
Committee on the Judiciary.
207. A letter from the President. National
Conference on Citizenship, transmitting the
audit of the Conference for the year ended
June 30, 1972, pursuant to section 2 of Public
Law 88-504; to the Committee on the
Judiciary.
208. A letter from the Director. Admin-
istrative Office of the U.S. Courts, transmit-
ting a draft of proposed legislation to amend
the civil service retirement law to increase
the retirement benefits of referees In bank-
ruptcy; to the Committee on Post Office and
Civil Service.
Received From the Comptroller General
209. A letter from the Comptroller General
of the United States, transmitting a list of
reports Issued or released by the General Ac-
counting Office In December, 1972, pursuant
to section 234 of Public Law 92-510; to the
Committee on Government Operations.
210. A letter from the Comptroller General
of the United States, transmitting a report on
the audit of the Rural Telephone Bank, De-
partment of Agriculture, for the Initial period
October 1, 1971, to June 30, 1972, pursuant
to 31 U.S.C. 841 (H. Doc. 93-39) ; to the Com-
mittee on Government Operations and order-
ed to be printed.
PUBLIC BILLS AND RESOLUTIONS
Under clause 4 of rule XXII, public
bills and resolutions were introduced and
severally referred as follows :
By Ms. ABZUO:
H.R. 1469. A bill to provide for more equita-
ble coverage under the emergency unemploy-
ment compensation program; to the Commit-
tee on Ways and Means.
By Mr. ALEXANDER :
H.R. 1470. A bill to incorporate the Na-
tional River Academy of the United States of
America; to the Committee on the Judiciarv.
By Mr. ANDERSON of California:
H.R. 1471. A bill to amend title 38, United
States Code, to provide for the payment of
pensions to veterans of World War I; to the
Committee on Veterans' Affairs.
By Mr. ANDERSON of Illinois:
H.R. 1472. A bin to prohibit flight In inter-
state or foreign commerce to avoid prosecu-
tion for the killing of a policeman or fireman."
to the Committee on the Judiciary.
H.R. 1473. A bill to amend the Omnibus
Crime Control and Safe Streets Act of 1988
to provide benefits to survivors of police of-
ficers, firemen, and corrections officers killed
In the line of duty, and to police officers
firemen, and corrections officers who are
disabled In the line of duty; to the Com-
mittee on the Judiciary.
H.R. 1474. A bill to amend section 4063
(a)(5) of the Internal Revenue Code of
1954 to exempt asphalt distributors from
the excise tax on motor vehicles, parts, and
accessories; to the Committee on Ways and
Means.
By Mr. ANNUNZIO:
H.R. 1475, A bill to establish an urban
mass transportation trust fund for the pur-
pose of providing more substantial and more
assured Federal assistance for urgently
needed projects and programs imder the
Urban Mass Transportation Act of 1964; to
the Conrunittee on Public Works.
By Mr. BOLAND:
H.R. 1476. A bill to amend the Omnibus
Crime Control and Safe Streets Act of 1968
to provide for grants to cities for Improved
street lighting; to the Committee on the
Judiciary.
H.R. 1477. A bill to provide a procedure
for the exercise of congressional and execu-
tive powers over the use of any Armed
Forces of the United States In military
hostilities, and for other purpyoses; to the
Committee on Rules.
By Mr. BOLAND (for himself, Mr.
CoNTE, Mr. DoNOHXTE, Mr. Fisher,
Mr. Madden, and Mr. Legcett) :
H.R. 1478. A bill to amend the tariff and
trade laws of the United States, and for
other purposes; to the Committee on Ways
and Means.
By Mr. BRADEMAS (for himself, Mr.
Perkins, Mr. Qote, Mrs. Mink. Mr.
Hansen of Idaho, Mr. Podell, Mr,
Leggett. Mr. Moorhead of Pennsyl-
vania, Mr. Hicks, Mr. Corman, Mr.
RoYBAL, Mr. Symington, Mr. Alex-
ander. Mr. Metcalfe, Mrs. Grasso,
Mr. Rangel, Mr. Sarbanes, Mr. Esch,
Mrs. Hansen of Washington, Mr,
BtTRKE of Florida. Mr. Couchlin,
Mr. Thompson of New Jersey, Mr.
Green of Pennsylvania, Mr. Bing-
ham, and Mr. William D. Ford) :
H.R. 1479. A bill to amend the Vocational
Rehabilitation Act to extend and revise ttie
authorization of grants to States for voca-
tional rehabilitation services, to authorize
grants for rehabilitation on services to those
with severe disabilities, and for other pur-
poses; to the Committee on Education and
Labor.
By Mr. PERKINS (for himself. Mr.
Brademas. Mr. Quie, Mrs. Mink, Mr.
Hansen of Idaho. Mr. Yatron, Mr.
Cleveland. Mr. Hechler of West
Virginia, Mr. Forsythe, Mr. Mollo-
HAN, Mr. Howard, Mr. Burton, Mr.
Helstoski, Mr. Gonzalez, Mr. Moss,
Mr. Harrington. Mr. ViGORrro, Mr.
BoLAND, Mr. Rosenthal. Mr. John-
son of California, Mr. Tiernan, Mr,
Rodino, Mr. Phaser, Mr. Fattntrot,
and Mr. Drinan) :
H.R. 1480. A bill to amend the Vocational
Rehabilitation Act to extend and revise the
authorization of grants to States for voca-
tional rehabilitation services, to authorize
grants for rehabilitation services to those
with severe disabilities, and for other pur-
poses; to the Committee on Education and
Labor.
January 9, 197 S
CONGRESSIONAL RECORD — HOUSE
577
By Mr. BRADEMAS (for himself, Mr.
Perkins, Mr. Quie, Mrs. Mink, Mr.
Hansen of Idaho, Mr. Meeds, Mr.
Peyser, Mr. Madden, Mr. Steiger of
Wisconsin, Mr. Clay, Mr. Bell, Mr.
Biaggi, Mr. Kemp, Mr. Reid, Mr.
Hastings, Mr. Badillo, Mr. Duncan,
Mr. Edwards of California, Mr.
Hammerschmidt, Mr. Nichols, Ms.
Abzug, Mr. Carney of Ohio, Mr.
Wyatt, Mr. Holifield, and Mr.
LujAN) :
H.R. 1481. A bill to amend the Vocational
Rehabilitation Act to extend and revise the
authorization of grants to States for voca-
tional rehabilitation services, to authorize
grants for rehabilitation services to those
with severe disabilities, and for other pur-
poses; to the Committee on Education and
Labor.
By Mr. BRADEMAS (for himself. Mr.
Perkins, Mr. Peyser, Mr. Meeds. Mr.
Keating, Mr. Clay, Mr. Kemp, Mr.
Badillo, Mr. Duncan, Mr. Biaggi, Mr.
Heinz, Mr. Dent, Mr. Hammer-
schmidt, Mr. Reid, Mr. Madden. Mr.
Cleveland. Mr. Edwards of Califor-
nia, Mr. PisH, Mr. Carney of Ohio.
Mr. Riegle, Mr. Annunzio, Mr.
Burke of Florida. Mr. Yatron, Mr.
Wyatt, and Mr. Holifield) :
H.R. 1482. A bill to strengthen and im-
prove the Older Americans Act of 1965, and
for other purposes; to the Committee on Ed-
ucation and Labor.
By Mr. BRADEMAS (for himself. Mr.
Perkins, Mr. Hicks. Mr. Rees, Mr.
Corman, Mr. RoYBAL, Mrs. Grasso,
Mr. Metcalfe, Mr. Rangel, Mr.
Stephens, Mr. Sarbanes, Mr. Esch,
Mrs. Hansen of Washington. Mr.
Young of Florida, Mr. Thompson of
New Jersey. Mr. Green of Pennsyl-
vania, Mr. Bingham. Mr. Boland, Ms,
Abzug, Mr. Nedzi, Mr. Gude, Mr.
Hungate. Mr. Mosher, Mr. Flowers,
and Mr. Symington) :
H.R. 1483. A bill to strengthen and improve
the Older Americans Act of 1965, and for
other purposes; to the Committee on Educa-
tion and Labor.
By Mr. BRADEMAS (for himself, Mr.
Perkins, Mrs. Mink. Mr. Praser. Mr.
Kastenmeier, Mr. Hechler of West
Virginia, Mr. Wolff, Mr. Jones of
North Carolina. Mr. Harrington, Mr,
Ndc, Mr. Helstoski, Mr. Gonzalez,
Mr. Moss. Mr. Rosenthal, Mr. Pep-
per. Mr. Johnson of California. Mr.
Tiernan, Mr. Rodino, Mr. Mollo-
han, Mr. Fauntroy. Mr. Drinan, Mr.
PoDELL, Mr. Murphy of New York,
Mr. Moorhead of Pennsylvania, and
Mr. Burton) :
H.R. 1484. A bill to strengthen and improve
the Older Americans Act of 1965. and for
other purposes; to the Committee on Educa-
tion and Labor.
By Mr. BROOMFIELD (for himself,
Mr. Brown of Michigan, Mr. Ceder-
berg, Mr. DiGcs, Mr. Dingell, Mr.
William D. Ford, Mr. Harvey, Mr.
Nedzi, and Mr. Riegle) :
H.R. 1485. A bill to amend title 18 of the
United States Code, to permit the transpor-
tation, mailing, and broadcasting of adver-
tising. Information, and materials concern-
ing lotteries authorized by law and conducted
by a State, and for other purposes; to the
Committee on the Judiciary.
By Mr. DO^^NICK V. DANIELS (for
himself and Mr. Peyser) :
H.R. I486 A bill to provide for the develop-
ment and implementation of programs for
youth camp safety; to the Committee on
Education and Labor.
By Mr. DANIELSON:
H.R 1487. A bill to provide for the use of
certain funds to promote scholarly, cultural,
and artistic activities between Japan and the
CXIX 37— Part 1
United States, and for other purposes; to
the Committee on Foreign Affairs.
H.R. 1488. A bill to establish an Office of
Consumer Affairs in the Executive Office of
the President and a Consumer Protection
Agency in order to secure within the Federal
Government effective protection and repre-
sentation of the interests of consumers, and
for other purposes; to the Committee on
Government Operations.
By Mr. DENHOLM:
H.R. 1489. A bill to amend the Soil Con-
servation and Domestic Allotment Act and
the Water Bank Act; to the Committee on
Agriculture.
By Mr. ECKHARDT (for himself, Mr.
Burton, Mr. Conyers, Mr. Dent, Mr.
Dellums, Mr. Helstoski, Mr.
Mitchell of Maryland, Mr. Rees, Mr.
Tiernan, Miss Jordan, Mr. Moss, and
Mr. Charles Wilson of Texas) :
H.R. 1490. A bill to amend the Longshore-
men's and Harbor Workers' Compensation
Act, and for 'other purposes; to the Commit-
tee on Education and Labor.
By Mr. FISHER;
H.R. 1491. A bill to amend title 10 of the
United States Code, to provide that certain
additional amounts received by retired serv-
icemen employed In the Junior Reserve Of-
ficers' Training Corps shall be treated as
subsistence or uniform allowances or as
amounts received as commutation of quar-
ters; to the Committee on Armed Services.
By Mr. FRASER (for himself, Ms.
Abzug. Mr. Alexander, Mr. Badillo,
Mr. Boland. Mr. Brademas, Mr.
Brasco, Mr. Buchanan, Mr. Bitrke
of Massachusetts, Mr. Carney of
Ohio, Mr. Clark, Mr. Conte, Mr.
Drinaw, Mr. Edwards of California,
Mr. Eilberg, Mr. Flowers. Mr. Wil-
liam D. Ford. Mr. Forsythe, Mr.
Gttde, Mr. Hamilton. Mr. Jones of
North Carolina. Mr. Koch, Mr.
Meeds, Mr. Morgan, Mr. Nedzi, and
Mr. Obey) :
H.R. 1492. A bin to amend title 38 of the
United States Code, to make certain that re-
cipients of veterans' pension and compensa-
tion will not have the amount of such pen-
sion or compensation reduced because of In-
creases In monthly social security benefits; to
the Committee on Veterans' Affairs.
By Mr. FRASER (for himself, Mr. Ad-
dabbo, Mr. Bevill, Mr. Denholm,
Mr. Duncan, Mr. Esch, Mr. Evins of
Tennnessee. Mr. Fish, Mr. FuguA,
Mr. Green of Pennsylvania, Mr.
Hechler of West Virginia, Mr. Mc-
Dade, Mr. Podell, Mr. Pepper, Mr.
Preyer, Mr. Rarick. Mr. Reuss. Mr.
Roe, Mr. Rosenthal, Mr. Sarbanes,
Mr. James V. Stanton, Mr. Steele,
Mr. Tiernan, Mr. Waldie, and Mr.
Charles H. Wilson of California) :
H.R. 1493. A bill to amend title 38 of the
United States Code, to make certain that re-
cipients of veterans' pension and compensa-
tion will not have the amount of such p>en-
slon or compensation reduced because of In-
creases In monthly social security benefits;
to the Committee on Veterans' Affairs.
By Mr. FREY:
H.R. 1494. A bill to authorize the Secre-
tary of the Interior to sell reserved phosphate
interests of the United States in certain
lands located in the State of Florida to the
record owner or owners of such lands; to the
Committee on Interior and Insular Affairs.
H.R. 1495. A bill to amend the act Incor-
porating the Veterans of World War I of the
United States of America; to the Committee
on the Judiciary.
H.R. 1496. A bill to establish a structtire
that will provide integrated knowledge and
understanding of the ecological, social, and
technological problems associated with air
pollution, water pollution, solid waste dis-
posal, general pollution, and degradation of
the environment, and other related prob-
lems; to the Committee on Science and
Astronautics
H.R. 1497. A bill to amend title 18, United
States Code, to promote public confidence In
the legislative branch of the Government
of the United States by requiring the dis-
closure by Members of Congress and certain
employees of the Congress of certain finan-
cial Interests; to the Committee on Stand-
ards of Official Conduct.
H.R. 1498. A bill to amend section 121 of
the Internal Revenue Code of 1954 to pro-
vide that the exclusion from gross income of
gain on the sale of a principal residence held
for more than 5 years provided by that sec-
tion will be available without regard to the
age of the taxpayer; to the Committee on
Ways and Means.
H.R. 1499. A bill to amend the Internal
Revenue Code of 1954 to allow an Income
tax deduction for depreciation on capital ex-
penditures incurred In connecting residen-
tial sewerlines to municipal sewage systems;
to the Committee on Ways and Means.
H.R. 1500. A bill to" provide for orderly
trade in fresh fruits and vegetables, and for
other purposes; to the Committee on Ways
and Means.
By Mrs. GRIFFITHS:
H.R. 1501. A bill to amend titles 10 and 37.
United States Code, to provide for equality
of treatment for military personnel in the
application of dependency criteria; to the
Committee on Armed Services.
H.R. 1502. A bill to amend title 5, United
States Code, to provide for equality of treat-
ment with respect to married women Fed-
eral employees In connection with compensa-
tion for work Injuries, and for other pur-
poses; to the Committee on Education and
Labor,
H.R. 1503. A bill to provide equality of
treatment for married women employees
of the Federal Government under the For-
eign .Service Act of 1946; to the Committee
on Foreign Affairs.
H.R. 1504. A bill to provide for hospitals
to allow the biological father to attend the
birth of his child if the woman consents; to
the Committee on Interstate and Foreign
Commerce.
H.R. 1505. A bUl to amend title 38 of the
United States Code, to provide that month-
ly social security benefit payments shall not
be considered as Income In determining eligi-
bility for pensions under that title; to the
Committee on Veterans' Affairs.
H.R. 1506. A bill to amend the Social Se-
ciu-lty Act to provide that every citizen and
resident of the United States shall have a
social security number; to the Committee
on Ways and Means.
H.R. 1507. A bill to amend title 11 of the
Social Security Act to permit the payment
of benefits to a married couple on their com-
bined earnings record, to eliminate the spe-
cial dependency requirement for entitle-
ment to husband's or widower's benefits to
provide for the payment of benefits to wid-
owed fathers with minor chUdren, and to
make the retirement test inapplicable to In-
dividuals with minor children who are en-
titled to mother's or father's benefits; to the
Committee on Ways and Means.
H.R. 1508. A bill to amend the Internal
Revenue Code of 1954 to provide reasonable
and necessary Income tax Incentives to en-
courage the utilization of recvcled solid
waste materials and to offset existing Income
tax advantages which promote depletion of
virgin natural resources; to the Committee
on Ways and Means.
By Mr. BAKER :
H.R. 1509. A bill to authorize an appropria-
tion for a bridge on a Federal dam; to the
Committee on Public Works.
H.R. 1510. A bill to amend title 38, United
States Code, to Increase the amount payable
for burial and funeral expenses; to the Com-
mittee on Veterans' Affairs.
(.78
CONGRESSIONAL RECORD— HOUSE
January 9, 1973
By Mr. DINGELL (for himself. Mr.
Ashley, Mr. Bingham, Mr. Cleve-
land. Mr. RoYBAL, Mr. Frenzel, Mr.
Michel, Ms. Abztjg, Mr. Beester, and
Mr. Seiberung ) :
H.R. 1511. A bill to provide for the conser-
V ition. protection, and propagation of species
or subspecies of fish and wUdlife that are
threatened with extinction cr likely within
t le foreseeable future to become threatened
V ith extinction, and for other purposes; to
tie Committee on Merchant Marine and
I^isherles.
By Mr. EDWARI>S of Alabama:
H.R. 1512. A bill to amend chapter 5 of
t tie 37. United States Code, to revise the spe-
c al pay structure relating to members of
t le uniformed services, and for other pur-
poses; to the Committee on Armed Services.
H.R. 1513. A bill to amend title XI of the
llational Housing Act to authorize mortgage
I isurance for the construction or rehablU-
t itlon of medical practice facilities in certain
a reas where there Is a shortage of doctors;
tp the Committee on Banking and Currency.
H.R. 1514. A bill to amend the Legislative
Reorganization Act of 1946 to provide for an-
n Lial reports to the Congress by the Comptrol-
1( :r General concerning certain price Increases
I I Government contracts and certain failures
t ) meet Government contract completion
dates; to the Committee on Government
C peratlons.
H R. 1515. A bill to repeal section 5532 of
tie 5. United States Code, relating to reduc-
t! ons in the retired or retirement pay of re-
t red officers of regular components of the
u nlformed services who are employed in clvil-
i( n offices or positions In the Government of
tie United States: to the Committee on
lt>st Office and Civil Service.
By Mr. FISHER (for himself, Mr.
Alexander, Mr. Archer, Mr. Black-
burn, Mr. Burleson of Texas. Mr.
Camp. Mr. Collins. Mr. Denholm.
Mr. Duncan. Mr. Evins of Ten-
nessee, Mr. Frey. Mr. Good-
LiNG. Mr. Hammerschmidt, Mr.
Jones of North Carolina, Mr. Math-
is of Georgia, Mr. Montgomery, Mr.
PoAGE, Mr. Rarick, Mr. SncES, Mr.
Spence, Mr. Steicer of Arizona, Mr.
Wagconner. Mr. Zwach, Mr. W. C.
(Dan) Daniel, Mr. Cleveland, and
Mr. WHITEHtTRST) :
H.R. 1516. A bin to amend the Occupational
S ifety and Health Act of 1970 to exempt any
n jnmanufacturlng business, or any business
h ivlng 25 or less employees. In States having
l£ ws regulating safety In such businesses,
f 1 om the Federal standards created under
si Lch act; to the Committee on Education and
Ltbor.
By Mr. FLOOD :
H.R. 1517. A bin to provide for the Increase
0 ' capacity and the Improvement of opera-
t ons of the Panama Canal, and for other
p irposes; to the Committee on Merchant
^larlne and Fisheries.
By Mr. HANLEY:
H.R. 1518. A bill to amend title 10 of the
United States Code, to provide a more equi-
ty ble standard for awarding the gold star
li pel button; to the Committee on Armed
S srvlces.
H.R. 1519. A bUl to amend the Internal
Revenue Code of 1954 to encourage higher
e lucatlon. and particularly the private fund-
1 ig thereof, by authorizing a deduction
f ) om gross income of reasonable amounts
contributed to a qualified higher education
fund established by the taxpayer for the
pprpose of funding the higher education
his dependents; to the Committee on
^^ays and Means.
Mr. HELSTOSKI:
HM. 1520. A bill to amend the Occupa-
tional Safety and Health Act of 1970 to
n quire the Secretary of Labor to recognize
tlie difference In hazards to employees be-
tween the heavy construction Industry and
the light residential construction industry;
to the Committee on Education and Labor.
H.R. 1521. A bill to strengthen and Im-
prove the Older Americans Act of 1965; to
the Committee on Education and Labor.
H.R. 1522. A bill to provide financial assist-
ance for the construction and operation of
senior citizens' community centers, and for
other purposes; to the Committee on Educa-
tion and Labor.
H.R. 1523. A bill to amend section 203 of
the .'ederal Property and Administrative
Services Act of 1949 to permit the disposal
of surplus personal property to State and
local governments, Indian groups under Fed-
eral supervision, and volunteer flreflghtlng
and rescue organizations at 50 percent of the
estimated fair market value; to the Com-
mittee on Government Operations.
H.R. 1524. A bill to establish a Federal
program to encourage the voluntary donation
of pure and safe blood, to require licensing
and Inspection of all blood banks, and to es-
tablish a national registry of blood donors;
1!o the Committee on Interstate and Foreign
Commerce.
H.R. 1525. A bill to amend the Federal
Food, Drug, and Cosmetic Act to require the
labels on all foods to disclose each of their
Ingredients; to the Committee on Interstate
and Foreign Commerce.
H.R. 1526. A bill to amend the Public
Health Service Act to direct the Secretary
of Health, Education, and Welfare to pre-
scribe radiation standards for. and conduct
regular inspections of, diagnostic and other
X-ray systems; to the Committee on Inter-
state and Foreign Commerce.
H.R. 1527. A bin to amend the Federal
Food, Drug, and Cosmetic Act to require that
cosmetics containing mercury or any of Its
compounds bear labeling stating that fact;
to the Committee on Interstate and Foreign
Commerce.
H.R. 1528. A bUl to prohibit common car-
riers In Interstate commerce from charging
elderly people more than half fare for their
transportation during nonpeak periods of
travel, and for other purposes; to the Com-
mittee on Interstate and Foreign Commerce.
H.R. 1529. A bin to amend the Omnibus
Crime Control and Safe Streets Act of 1968
to provide benefits to survivors of police offi-
cers, firemen, and correction officers killed In
the line of duty, and to police officers, fire-
men, and correction officers who are disabled
In the line of duty; to the Committee on the
Judiciary.
H.R. 1530. A bill to provide death benefits
to survivors of certain public safety and law-
enforcement personnel, and public officials
concerned with the administration of crim-
inal Justice and corrections, and for other
purposes; to the Committee on the Judi-
ciary.
H.R. 1531. A bUl to amend the Omnibus
Crime Control and Safe Streets Act of 1968
to provide a system for the redress of law-
enforcement officers' grievances and to es-
tablish a law-enforcement officers' bill of
rights In each of the several States, and for
other purposes; to the Committee on the Ju-
diciary.
H.R. 1532. A bill to improve law enforce-
ment In urban areas by making available
funds to Improve the effectiveness of police
services; to the Committee on the Judiciary.
H.R. 1533. A bin to extend benefits under
section 8191 of title 5, United States Code,
to law enforcement officers and firemen not
employed by the United States who are killed
or totally disabled in the line of duty; to
the Committee on the Judiciary.
H R. 1534. A bill to provide compensation
for totally disabled local firemen or survivors
of local firemen killed or disabled while per-
forming their duties In an area of civil dis-
order; to the Committee on the Judiciary.
H.R. 1535. A bUl to amend section 1X14 of
title 18 of the United States Code, to make
the killing, assaulting, or intimidating of any
officer or employee of the Federal Communi-
cations Commission performing Investigative
Inspection, or law enforcement functions a
Federal criminal offense; to the Committee
on the Judiciary.
H.R. 1536. A bill to amend section 8191 of
title 5, United States Code, to extend benefits
thereunder to officially recognized or desig-
nated members of a legally organized volun-
teer fire department, ambulance team, or res-
cue squad not employed by the United States
who are klUed or totally disabled in the line
of duty; to the Committee on the Judiciary.
H.R. 1537. A bill to authorize the Attorney
General to provide a group life Insurance
program for State and local government law
enforcement officers; to the Committee on
the Judiciary.
H.R. 1538. A bill to provide for the com-
pensation of innocent victims of violent crime
In need: to make grants to States for the pay-
ment of such compensation; to authorize
an Insurance program and death and dis-
ability benefits for public safety officers; to
provide civil remedies for victims of racket-
eering activity; and for other purposes; to
the Committee on the Judiciary.
H.R. 1539. A bill to amend title 5, United
States Code, to require the heads of the
respective executive agencies to provide the
Congress with advance notice of certain
planned organizational and other changes
or actions which would affect Federal civilian
employment, and for other purposes; to the
Committee on Post Office and Civil Service.
H.R. 1540. A bill to amend the Federal Em-
ployees Health Benefits Act of 1959 to pro-
vide that the entire cost of health benefits
under such act shall be paid by the Govern-
ment; to the Committee on Post Office and
Civil Service.
H.R. 1541. A bUl to amend the Civil Service
Retirement Act to authorize the retirement
of employees after 25 years of service without
reductlones In annuity; to the Committee
on Post Office and Civil Service.
H.R. 1542. A bin to amend title 38 of
the United States Code, to require pay dif-
ferentials for nurses In Veterans' Adminis-
tration hospitals who perform evening, night,
weekend, holiday, or overtime duty and to
authorize payment for standby or on-call
time, and for other purposes; to the Com-
mittee on Veterans' Affairs.
H.R. 1543. A bill to amend section 109 of
title 38, United States Code, to provide bene-
fits for members of the armed forces of na-
tions allied with the United States in World
War I or World War II; to the Committee on
Veterans' Affwlrs.
H.R. 1544. A bill to amend title 38 of the
United States Code, to provide Improved
medical care to veterans; to provide hospital
and medical care to certain dependents and
survivors of veterans; to improve recruitment
and retention of career personnel in the
Department of Medicine and Surgery; to the
Committee on Veterans' Affairs.
H.R. 1545. A bill to amend title 38 of the
United States Code, so as to provide that
monthly social security benefit payments and
annuity and pension payments under the
Railroad Retirement Act of 1937 shall not be
included as Income for the purpose of deter-
mining eligibility for a veteran's or widow's
pension; to the Committee on Veterans'
Affairs.
H.R. 1546. A bill to provide for the con-
version of Servicemen's Group Life Insurance
to Veterans' Group Life Insurance, and for
other purposes; to the Committee on Veter-
ans' Affairs.
H.R. 1547. A bUl to order the construction
of a Veterans' Administration hospital in the
southern area of New Jersey; to the Commit-
tee on Veterans' Affairs.
H.R. 1548. A bUl to amend title 38 of the
United States Code, in order to establish a
national cemetery system within the Vet-
Januanj 9, 1973
erans' Administration, and for other pur-
poses; to the Committee on Veterans' Affairs.
H.R. 1549. A bill to provide for the expan-
sion of the Beverly National Cemetery In or
near Beverly, Burlington County, N.J.; to
the committee on Veterans' Affairs.
By Mr. HELSTOSKI (by request) :
H.R. 1550. A bill to provide a pension for
veterans of World War I and their widows;
to the Committee on Veterans' Affairs.
By Mr. HELSTOSKI:
H.R. 1551. A bill to create a national system
uf health security; to the Committee on Ways
and Means.
H.R. 1552. A bill to provide additional pro-
tection for the rights of participants In
employee pension and profit-sharing-retire-
ment plans, to establish minimum stand-
ards for pension and profit-sharing-retire-
ment plan vesting and funding, to establish
a pension plan reinsurance program, to pro-
vide for portability of pension credits, to pro-
vide for regulation of the administration of
pension and other employee benefit plans,
to establish a U.S. Pension and Employee
Benefit Plan Commission, to amend the
Welfare and Pension Plans Disclosure Act.
and for other purposes; to the Committee
on Ways and Means.
H.R. 1553. A bill tc amend the Social Secu-
rity Act to provide for the paj-ment (from
the old-age and survivors insurance trust
fund) of special allowances to help elderly
low-Income persons and families to meet
their housing costs; to the Committee on
Ways and Means.
H.R. 1554. A bill to amend title II of the
Social Security Act to provide in certain
cases for an exchange of credits between the
old-age, survivors, and disability insurance
system and the civil service retirement sys-
tem so as to enable individuals who have
some coverage under both systems to obtain
maximum benefits based on their combined
service; to the Committee on Ways and
Means. -^^
H.R. 1555. A bill to amend title II of the
Social Security Act to increase to $3,000 the
annual amount individuals are permitted to
earn without suffering deductions from the
insurance benefits payable to them under
such title; to the Committee on Ways and
Means.
H.R. 1556. A bill to allow a credit against
Federal income tax or payment from the
U.S. Treasury for State and local real prop-
erty taxes on an equivalent portion of rent
paid on their residences by individuals who
have attained age 62; to the Committee on
Ways and Means.
HR. 1557. A bill to amend the Internal
Revenue Code of 1954 to provide that the
personal exemption allowed a taxpaver for
a dependent shall be available without re-
gard to the dependent's income In the case
of a dependent who Is over 65 (the same as
in the case of a dependent who Is a child
under 19); to the Committee on Ways and
Means.
H.R. 1558. A bni to amend the Internal
Revenue Code of 1954 to permit the full de-
duction of medical expenses incurred for the
care of individuals of 65 years of age and
over, without regard to the 3-percent and
1-percent fioors; to the Committee on Wavs
and Means.
H.R. 1559. A bill to amend the Internal
^venue Code of 1954 to permit an exemption
Of the first 85.000 of retirement income re-
ceived by a taxpayer under a public retire-
ment system or any other system if the tax-
Payer is at least 65 years of age; to the Com-
mittee on Ways and Means.
H.R. 1560. A bill to amend the Internal
Revenue Code of 1954 to provide that the
Hrst $5,000 received as civil service retire-
ment annuity from the United States or any
agency thereof shall be excluded from gross
income; to the Committee on Ways and
Means.
I
CONGRESSIONAL RECORD — HOUSE
579
H.R. 1561. A bill to amend the Internal
Revenue Code of 1954 to provide that the
first $5,000 of compensation paid to law en-
forcement officers shall not be subject to the
income tax; to the Committee on Ways and
Means.
HR. 1562. A bill to amend the Internal
Revenue Code of 1954 to provide that pen-
sions paid to retired policemen or firemen or
their dependents, or to the widows or other
survivors of deceased policemen or firemen,
saall not be subject to the income tax; to the
Committee on Ways and Means.
H.R. 1563. A bin to prohibit the sale or
importation of eyeglass frames or sunglasses
made of cellulose nitrate or other flammable
materials; to the Committee on Ways and
Means.
By Mr. HOSMER:
H.R. 1564. A bni to amend section 1086 of
title 10, United States Code, to permit a re-
tired member of the uniformed services the
right to elect whether he wUl receive health
benefits under such section or under part A
of title XVIII of the Social Security Act when
he qualifies for benefits under both; to the
Committee on Armed Services.
H.R. 1565. A bill to amend title 10, United
States Code, to restore the system of recom-
putatlon of retired pay for certain members
and former members of the Armed Forces;
to the Cunfmitiee on Armed Services.
By Mr. HOWARD:
H.R. 1566. A bill establishing under the
Secretary of Agriculture, a 5-year research
program seeking to control the gypsy moth,
and for other purposes; to the Committee on
Agriculture.
H.R. 1567. A bill to amend title 10 of the
United States Code, to change the age limit-
ation on eligibility for the Reserve Officers'
Training Corps financial assistance program
so as to take into account active service pre-
viously performed by students; to the Com-
mittee on Armed Services.
H.R. 1568. A bin to authorize the Sec-
retary of Transportation to carry out a spe-
cial program of transportation research and
development utilizing the unique experience
and manpower of the airframe and defense
industries, and for other purposes; to the
Committee on Interstate and Foreign Com-
merce.
H.R. 1569. A bin to establish an independ-
ent agency to be known as the U.S. Office of
Utility Consumers' Counsel to represent tlie
consumers of the Nation before Federal and
State regulatory agencies with respect to
matters pertaining to certain electric, gas,
telephone, and telegraph utilities; .o provide
grants and other Federal assistance to State
and local governments for the establishment
and operation of utility consumers' counsels;
to Improve methods for ^obtaining and dis-
seminating Information with respect to the
operations of utility companies of Interest
to the Federal Government and other con-
sumers, and for other purposes; to the Com-
mittee on Interstate and Foreign Commerce.
H.R. 1570. A bill to promote research and
development of drugs or chemical compounds
for use in the cure, prevention, or treatment
of heroin addiction; to the Committee on
Interstate and Foreign Commerce.
H.R. 1571. A bill to provide for the estab-
lishment of a Metropolitan Drug Addiction
Commission to coordinate and make more
effective in the New York metropolitan area
the various Federal, State, and local programs
for the control, treatment, and prevention of
drug addiction; to the Committee on Inter-
state and Foreign Commerce.
H. R. 1572. A bill to prohibit flight In Inter-
state or foreign commerce to avoid prosecu-
tion for the killing of a policeman or fireman;
to the Committee on the Judiciary.
H.R. 1573. A bUl to amend title 18 of the
United States Code, to permit the maUlng
of lottery tickets and related matter, the
broadcasting or televising of lottery infor-
mation, and the transportation and advertis-
ing of lottery tickets in interstate commerce,
but only where the lottery is conducted by
a State agency; to the Committee on the
Judiciary.
H.R. 1574. A bUl for the relief of Soviet
Jews; to the Committee on the Judiciary.
H.R. 1575. A bUl to amend title 18. United
States Code, to strengthen and clarify the
law prohibiting the Introduction, or manu-
facture for Introduction, of switchblade
knives into interstate commerce; to the
Committee on the Judiciary.
H.R. 1576. A bUl to extend the contiguous
fisheries zone of the United States to a dis-
tance of 197 miles seaward of the territorial
sea; to the Committee on Merchant Marine
and Fisheries.
H.R. 1577. A bill to provide compensation
to U.S. commercial fishing vessel owners
for damages Incurred by them as a result of
an action of a vessel operated by a foreign
government or a citizen of a foreign govern-
ment; to the Committee on Merchant Marine
and Fisheries.
H.R. 1578. A bill to amend title 5, United
States Code, to require the heads of the
respective executive agencies to provide the
Congress with advance notice of certain
planned organizational and other changes or
actions which would affect Federal civilian
employment, and for other purposes; to the
Committee on Post Office and Civil Service.
H.R. 1579. A bill to protect the civUlan em-
ployees of the executive branch of the U.S.
Government in the enjoyment of their con-
stitutional rights and to prevent un-
warranted governmental invasions of their
privacy; to the Committee on Post Office and
Civil Service.
H R. 1580. A bill to amend section 5545 of
title 5, United States Code, to provide addi-
tional pay for certain hazardous duties per-
formed by Federal employees; to the Com-
mittee on Post Office and Civil Service.*
H.R. 1581. A bUl to amend the act of
August 13, 1946. to increase the Federal con-
tribution to 90 per centum of the cost of
shore restoration and protection projects;
to the Committee on Public Works.
H.R. 1582. A bill to authorize a program to
develop and demonstrate low-cost means of
preventing shoreline erosion; to the Com-
mittee on Public Works.
H.R. 1583. A bill to create the Office of
Water Disposal Research and Development
in the Department of the Interior; to the
Committee on Public Works.
H.R. 1584. A bill to require the President
to notify the Congress whenever he im-
pounds funds or authorizes the impounding
of funds, and to provide a procedure under
which the House of Representatives anxi the
Senate may approve the President's action or
require the President to cease such action;
to the Committee on Rules.
H.R. 1585. A bin to authorize the National
Science Foundation to conduct research and
educational programs to prepare the coun-
try for conversion from defense to civilian,
socially oriented research and development
activities, and for other purposes; to the
Committee on Science and Astronautics.
H.R. 1586. A bni to amend title II of the
Social Security Act to permit the payment
of benefits to a married couple on their com-
bined earnings record where that method of
computation produces a higher combined ef-
fort; to the Committee on Ways and Means.
H.R. 1587. A bill to amend the Internal
Revenue Code of 1954 to provide relief to
certain individuals 65 years of age and over
who own or rent their homes, through a
system of Income tax credits and refunds;
to the Committee on Ways and Means.
H.R. 1588. A bill to amend the Internal
Revenue Code of 1954 to allow a deduction
for expenses Incurred by a taxpayer in mak-
ing repairs and improvements to his resi-
dence, and to allow the owner of rental
housing to amortize at an accelerated rate
the cost of rehabilitating or restoring such
5^0
^'
r
CONGRESSIONAL RECORD — HOUSE
January 9, 1973
h( using; to the Committee on Ways and
^^ea^s.
H R. 1589. A bin to amend title XVIII of
e Social Security Act so as to Include,
aiiong the health insurance benefits cov-
es ed under part B thereof, coverage of cer-
t£ in drugs; to the Committee on Ways and
N|eans.
H.R. 1590. A bill to amend the Internal
Rfevenue Code of 1954 to provide a tax credit
fc r employers who employ members of the
h ird-core unemployed; to the Committee on
^Ajays and Means.
H.R 1591. A bill to amend section 883 of
tie Intetnal Revenue Code of 1954 with re-
s] ect to exemption from taxation of earnings
o: shipj Under foreign flag; to the Committee
Of Ways and Means.
H.R. 1592. A bill to provide for the estab-
Ukhment of an Institute on Retirement In-
C( ime which shall conduct studies and make
r( commendations designed to enable retired
II dividuals to enjoy an adequate retirement
i4come; to the Committee on Ways and
eans.
By Mr. HUNT (for himself and Mr.
Devine) :
H R. 1593. A bin to amend the Social Secu-
;y Act ^6 prohibit the payment of aid or as-
sistance under approved State public asslst-
a ice plalis to aliens who are Illegally within
e United States; to the Committee on Ways
aiid Means.
By Mr. ICHORD (for himself. Mr.
Archer. Mr. Bafalis, Mr. Baker. Mr.
Bray. Mr. Burleson of Texas. Mr.
Clancy. Mr. Clark, Mr. Fisher, Mr.
GooDLiNG, Mr. Gross, Mr. King. Mr.
Mollohan, Mr. Rarick, and Mr.
Scherle) :
H.R. 1594. A biU to amend section 4 of the
Ihternal Security Act of 1950; to the Com-
iittee on Internal Security.
By Mr. ICHORD (for himself, Mr.
Quillen. Mr. Waggonner, Mr.
Preyer, and Mr. Ashbrook) :
H.R. 1595. A bill to amend the Internal
*curity Act of 1950 to authorize the Federal
C overnment to institute measures for the
p rotectiin of defense production and of
r asslfied information released to industry
against acts of subversion, and for other
f urposes; to the Committee on Internal
ecurlty.
By Mr. JOHNSON of California:
H.R. 1596. A bill to provide for the estab-
lishment or" a national historic park on the
i land of Guam, and for other purposes; to
f. le Committee on Interior and Insular Af-
itirs.
By Mr. KASTENMEIER :
H.R 1597. A bill to amend certain Federal
'.few relating to the interception of wire and
ral communications; to the Committee on
;ie Judiciary.
By Mr. KASTENMEIER (for himself.
Mr. CoNYERS, Mr. Drinan, Mr. Rails-
B.\CK. Mr. BrESTER, Mr. Fish, and
Mr. CofGHLiN) :
H.R. 1598. A bin to establish an Inde-
jendent and regionalized Federal Board of
'arole. to provide for fair and equitable
1 arole procedures, and for other purposes; to
' he Committee en the Judlciarvr
By Mr. KLUCZYNSKI (for himself and
Mr. Michel) :
HR 1599. A bill to ameid the Federal
^ood. Drug, and Cosmetic Act. and for other
)urpose3; to the Committee on Interstate
md Foreign Commerce.
By Mr. LENT:
H.R. j600. A bill to extend daylight saving
ime to the entire calendar year; to the Com-
nittee on Interstate and Foreign Commerce.
By Mr. MATSUNAGA:
HR. 1601. A bill to provide for an inquiry
lommittee to a.ssist in setf.ing a strike or
ockout which imperils or threatens to Im-
)eril the health or safety of any substantial
teographlc sector of the United States; to
he Committee on Education and Labor.
By Mr. OWENS:
H.R. 1602. A bill to establish the Lone Peak
Wilderness Area In the State of Utah; to the
Committee on Interior and Insular Affairs.
By Mr. PERKINS:
H.R. 1603. A bill to provide for the coop-
eration between the Federal Government and
the States with respect to environmental reg-
ulations for mining operations, for the pre-
ventioo, control, and abatement of water pol-
lution, and for other purposes; to the Com-
mittee on Interior and Insular Affairs.
H.R. 1604. A bin to authorize appropria-
tions for construction of certain highways in
accordance with title 23 of the United States
Code, and for other purposes; to the Commit-
tee on Public Works.
H.R. 1605. A bill to Impose a tax on the
severance of oil, gas, and coal, and to return
the proceeds of such tax to the counties from
which such oil. gas, or coal was taken; to
the Committee on Ways and Means.
By Mr. PICKLE:
H.R. 1606 A bill to authorize the Secretary
of Agriculture to reimburse owners of
equlnes and accredited veterinarians for cer-
tain expenses of vaccinations Incurred for
protection against Venezuelan equine en-
cephalomyelitis; to the Committee on Agri-
culture.
H.R. 1607. A bill to permit the donation of
surplus agricultural commodities to certain
nonprofit organizations serving American
servicemen; to the Committee on Agriculture.
By Mr. QUILLEN:
H.R. 1608. A bill to authorize equalization
of the retired or retainer pay of certain mem-
bers and former members of the uniformed
services; to the Committee on Armed Serv-
ices.
H.R. 1609. A bill to repeal the Gun Control
Act of 1968; to the Committee on the Judi-
ciary.
H.R. 1610. A bill to amend title 38 of the
United States Code, so as to provide that
monthly social security benefit payments
and annuity and pension payments under
the Railroad Retirement Act of 1937 shaU
not be included as Income for the purpose of
determining eligibility for a veteran's or
widow's pension; to the Committee on Vet-
erans' Affairs.
H.R. 1611. A bill to extend to an unmarried
Individuals the full tax benefits of income
splitting now enjoyed by married Individuals
filing Joint returns; to the Committee on
Ways and Means.
H.R. 1612. A bUl to amend title II of the
Social Security Act to Increase widow's
insurance benefits to 100 percent of the in-
sured individual's primary insurance amount,
and to provide that such benefits shall be
payable at age 50, without actuarial reduc-
tion and without regard to dlsabUity, In the
case of a widow who Is otherwise qualified
therefor; to the Committee on Ways and
Means.
H.R. 1613. A bUl to amend title II of the
Social Security Act so as to remove the limi-
tation upon the amount of outside Income
which an individual may earn while receiv-
ing benefits thereunder; to the Committee
on Ways and Means.
HR. 1614. A bni to amend the Internal
Revenue Code of 1954 to provide that an In-
dividual may deduct amounts paid for his
higher education, or for the higher educa-
tion of any of his dependents: to the Com-
mittee on Ways and Means.
By Mr. RARICK:
H.R. 1615. A bill to amend section 5 of the
United Nations Participation Act of 1945 to
require approval by the Congress of orders,
rules, and regulations Issued by the Presi-
dent to implement certain decisions of the
Security CouncU of the United Nations; to
the Committee on Foreign Affairs.
HR. 1616. A bni to amend section 620 of the
Foreign Assistance Act of 1961 to suspend,
In whole or In part, economic and military
assistance and certain sales to any country
which fails to take appropriate steps to pre-
vent narcotic drugs produced or processed. In
whole or In part, in such country from enter-
ing the United States unlawfully, and for
other purposes; to the Committee on Foreign
Affairs.
H.R. 1617. A bill to amend the Federal
Food, Drug, and Cosmetic Act to include a
definition of food supplements, and for other
purposes; to the Committee on Interstate
and Foreign Commerce.
H.R. 1618. A bill to amend the Federal
Trade Commission Act ( 15 U.S.C. 41) to pro-
vide that under certain circumstances exclu-
sive territorial arrangements shall not be
deemed unlawful; to the Committee on In-
terstate and Foreign Commerce.
H.R. 1619. A bill to amend the Communica-
tions Act of 1934 to establish orderly proce-
dures for the consideration of appUcations
for renewal of broadcast licenses: to the
Committee on Interstate and Foreign Com-
merce.
H.R. 1620. A bill to amend the Civil Rights
Act of 1964 by adding a new title, which re-
stores to local school boards their constltu-
tionad power to administer the public schools
committed to their charge, confers on parents
the right to choose the public schools their
children attend, secures to children the right
to attend the public schools cho^n by their
parents, and makes effective the right of
public school administrators and teachers to
serve in the schools in which they contract
to serve; to the Committee on the Judiciary.
H.R. 1621. A bUl to repeal the Civil Rights
Act of 1964; to the Committee on the Judi-
ciary.
H.R. 1622. A bin to repeal the Civil Righw
Act of 1968; to the Committee on the Judi-
ciary.
H.R. 1623. A bill to repeal the Voting
Rights Act of 1965; to the Committee on the
JudiclEiry.
H.R. 1624. A bill to amend chapter 44 of
title 18, United States Code, to exempt am-
munition from Federal regulation under the
Gun Control Act of 1968; to the Committee
on the Judiciary.
H.R. 1625. A bill to amend the Office of
Education Appropriations Act, 1971, to make
the assistance of U.S. marshals available to
local authorities for the maintenance of or-
der where plans cf desegregation are being
carried out In public elementary and second-
ary schools; to the Committee on the Judi-
ciary.
H.R. 1626. A bill to amend the Judiciary
and Judicial Procedure Act of 1948; to the
Committee on the Judiciary.
H.R. 1627. A bill to provide that the ap-
pointment of law clerks to Justices of the
Supreme Court shall be confirmed by the
Senate and the House of Representatives; to
the Committee on the Judiciary.
H.R. 1628. A bin to amend title 5 of the
United States Code, with respect to the ob-
servance of Memorial Day and Veterans' Day;
to the Cornmittee on the Judiniarv.
H.R. 1629. A bill to amend title 13, United
States Code, to limit the categories of que.";-
tions required to be answered under penaltv
of law In the decennial censuses of popula-
tion, unemployment, and housing, and for
other purposes: to the Committee on Post
Office and Civil Service.
H.R. 1630. A bill to provide Increased an-
nuities under the Civn Service Retirement
Act: to the Committee on Post Office and
Civil Service.
HR. 1631. A bni to amend title 38 of the
United States Code, so as to provide that hos-
pital and medical care shall be provided un-
der such title to any veteran of any war; to
the Committee on Veterans' Affairs.
H.R. 1632. A bUl to amend title 38 of the
United States Code, to provide, in certain
instances, up to 18 months of additional
educational assistance for graduate or pro-
fessional study; to the Committee on Veter-
ans' Affairs.
January 9, 1973
CONGRESSIONAL RECORD — HOUSE
581
H.R. 1633. A bill to amend title 38, United
States Code, in order to apply to disabled
veterans of the Vietnam era the same stand-
ards of eligibility for automobiles and
adaptive equipment as are applied with re-
spect to disabled veterans of World War II
and the Korean conflict; to the Committee
on Veterans' Affairs.
H.R. 1634. A bill to provide that Federal
expenditures shall not exceed Federal reve-
nues, except in time of war or grave national
emergency declared by the Congress, and to
provide for systematic reduction of the pub-
lic debt; to the Committee on Ways and
Means.
H.R. 1635. A bni to amend title II of the
Social Security Act to provide that farmers
may drop out an additional 2 years of low
earnings in the computation of their benefits
under the old-age, survivors, and disability
insurance system; to the Committee on Ways
and Means.
H.R. 1636. A bill to amend title II of the
Social Security Act to permit the payment
of benefits to a married couple on their com-
bined earnings record where that method of
computation produces a higher combined
benefit; to the Committee on Ways and
Means.
H.R. 1637. A bill to provide for a refund of
all or part of the social security taxes paid
by a deceased individual whenever there is no
other person who is or could become entitled
to benefits on his wage record, if the total
of any benefits theretofore paid on stich wage
record is less than the total of such taxes;
to the Committee on Ways and Means.
H.R. 1638. A bill to amend the Internal
Revenue Code of 1954 to provide that retired
individuals having annual gross income of
SIO.OCO or less will not have to file Federal
Income tax returns; to the Committee on
■Ways and Means.
H.R. 1639. A bill to amend the Internal
Revenue Code of 1954 to add .social security
benefits to the annuity and pension pay-
ments which are exempt from levy there-
under; to the Committee on Ways and
Means.
H.R. 1640. A bill to amend the Internal
Revenue Code of 1954 to allow an Income tax
deduction for social security taxes paid by
employees and by the self-employed; to the
Committee on Ways and Means.
HR. 1641. A bill to amend the Int-ernal
Revenue Code of 1954 to exempt wages of
certain seasonal employees from withhold-
ing; to the Committee on Ways and Means.
H.R. 1642. A bUl to amend the Internal
Revenue Code of 1954 to exempt from income
tax retirement benefits received under a pub-
lic retirement system; to the Committee on
Ways and Means.
H.R. 1643. A bni to amend the Internal
Revenue Code of 1954, as amended, to help
small businesses by providing a corporate tax
exemption on the first .$100,000 of taxable in-
come: to the Committee on Ways and Means.
H.R. 1644. A bni to amend the Internal
Revenue Code of 1954 to provide that tax-
exempt organizations which engage In ac-
tivities of carrying on propaganda, or other-
wise attempting to Influence legislation, shall
lose their exemption from tax; to the Com-
mittee on Ways and Means.
H.R. 1645. A bill to amend the Internal
Revenue Code of 1954 to allow an itemized
deduction for motor vehicle insurance pre-
miums: to the Committee on Ways and
Means.
H.R. 1646. A bill to ameiid title 38 of the
United States Code, to liberalize the provi-
sions relating to payment of dlsabnity and
death pension; to the Committee on Vet-
erans' Affairs.
By Mr. ROBISON of New York :
H.R. 1647. A bill to amend the Immigration
and Nationality Act, and for other purposes:
to the Committee on the Judiciary.
By Mr. ROSTENKOWSKI :
H.R. 1648. A bni to amend title VII of the
Housing Act of 1961 to establish an Urban
Parkland Heritage Corp. to provide funds for
the acquisition and operation of open-space
land, and for other purposes; to the Com-
mittee on Banking and Currency.
By Mr. ROSTENKOWSKI (for himself,
Mr. Landrum, and Mr, Broyhill of
Virginia) :
H.R. 1649. A bill to amend certain provi-
sions of the Internal Revenue Code of 1954
relating to distilled spirits, and for other
purposes; to the Committee on Ways and
Means,
By Mr. ROSENTHAL (for himself. Mr.
Annunzio, Mr. Bell, Mr. Bingham,
Mr. Brasco, Mr. Brown of California,
Mr. Burke of Massachusetts, Mr.
CoNYERs, Mr. DuLSKi, Mr. Eckhardt,
Mr. Edwards of California, Mr. Fra-
SER. Mr. Gibbons, Mr. Green of Penn-
sylvania, Mr. Harrington, Mr. Hech-
LER of West Virginia, Mr. Howard,
Mr. Karth, Mr. Kastenmeier, Mr.
Lecgett, Mr. Mitchell of Maryland,
Mr. Moorhead of Pennsylvania, Mr.
Pepper, Mr. Pettis) :
H.R. 1650 A bill to amend the Federal
Food, Drug, and Cosmetic Act to require the
labels on all foods to disclose each of their
ingredients; to the Committee on Interstate
and Foreign Commerce.
Bji Mr. ROSENTHAL (for himself, Mr.
Podell, Mr. Price of Illinois, Mr.
Rangel. Mr. RoDiNO, Mr. Roybal, Mr.
Ryan, Mr. Seiberling, Mr. Smfth of
Iowa, Mr. Studds, Mr. Thompson of
New Jersey, Mr. Pritchard, Mr. Reid,
Mr. Koch, and Mr. Sarbanes) :
H.R. 1G51. A bill to amend the Federal
Food, Drug, and Cosmetic Act to require the
labels on all foods to disclose each of their
ingredients; to the Committee on Interstate
and Foreign Commerce.
By Mr. ROSENTHAL (for himself, Mr.
Annunzio. Mr. Bell, Mr. Bingham.
Mr. Brasco, Mr. Brown of California,
Mr. Burke of Massachusetts. Mr.
CoNYFRs. Mr. DuLSKi. Mr. Eckhardt,
Mr. Edwards, of California. Mr.
Mr. Fraser, Mr. Gibbons. Mr. Green
of Pennsylvania, Mr. Harrington,
Mr. Hechler of West Virginia, Mr.
Howard, Mr. Karth. Mr. Koch, Mr.
Leggett. Mr. Mitchell of Marvland,
Mr. Moorhead of Pennsylvania Mr.
Pepper, and Mr. Pettis) :
H.R. 1652. A bin to require that certain
processed nr packaged consumer products be
labeled with certain information, and for
other purposes: to the Committee on Inter-
state and Foreign Commerce.
By Mr. ROSENTHAL (for himself, Mr.
PoDFLL. Mr Price of Illinois. Mr.
Pritchard. Mr. Rangel, Mr. Rodino,
Mr. RoYBAL, Mr. Ryan, Mr. Seiber-
ling, Mr. Smith of Iowa, Mr. Thomp-
son of New Jersey. Mr. Wolff. Mr.
Reid. and Mr. Sarbanes) :
H.R. 1053. A bill to require that certain
processed or packaged consumer products be
labeled with certain information, and for
other purposes: to the Committee on Inter-
state and Forelen Commerce.
By Mr. ROSENTHAL (for himself. Mr..
Annunzio. Mr. Bell. Mr. Brasco. Mr.
Brown of California, Mr. Burke of
Massachusetts, Mr. Conyers. Mr.
DuLSKi. Mr. Eckhardt, Mr. Edwards
cf California, Mr. Fraser. Mr. Gib-
bons. Mr. Green of Pennsylvania,
Mr. Harrington, Mr. Hechler of
West Virginia, Mr. Howard, Mr.
Karth. Mr. Koch, Mr. Leocett. Mr.
Mitchell of Maryland, Mr. Moor-
head of Pennsylvania, Mr. Pepper,
and Mr. Pettis) :
H.R. 16,54. A bill to amend the Pair Pack-
aging and Labeling Act to require certain
labeling to assist the consumer In nurchRses
of packaged perishable or semlperish<ible
foods; to the Committee on Interstate and
Foreign Commerce.
By Mr. ROSENTHAL (for himself, Mr.
Podell. Mr. Price of Illinois, Mr.
Rangel, Mr. Rodino, Mr. Roybal, Mr.
Ryan, Mr. Seiberling, Mr. Stihjds.
Mr. Thompson of New Jersey, Mr.
TiFRNAN, Mr. Wolff, Mr. Addabbo,
Mr. Reid, and Mr. Sarbanes) :
HJi. 1655. A bin to amend the Fair Pack-
aging and Labeling Act to require certain
labeling to assist the consumer in purchases
of packaged perishable or semiperishable
foods; to the Committee on Interstate and
Foreign Commerce.
By Mr. ROSENTHAL (for himself, Mr.
Bell, Mr. Bingham, Mr. Brasco. Mr.
Brown of California, Mr. Burke of
Massachusetts. Mr. Conyers, Mr.
Dulski, Mr. Eckhardt, Mr. Edwards
of California, Mr. Fraser, Mr. Cib-
EONS, Mr. Green of Pennsylvania.
Mr. Harrington, Mr. Hechler of
West Virginia, Mr. Howard. Mr.
Ka.rth, Mr. Kastenmeier, Mr. Koch,
Mr. Lecgett, Mr. MrrcHELL of Mary-
land. Mr. Moorhfad of Pennsylvania,
Mr. Pepper. Mr. Podell. and Mr.
Price of lilllnois) :
H.R. 1656. A bill to provide for the deve'.op-
ment of a uniform system of quality grades
for consumer food products; to the Commit-
tee on Agriculture.
By Mr. ROSENTHAL (for himself. Mr.
Rangel, Mr. Rodino Mr. Roybal,
Mr. Ryan, Mr. Seiberling, Mr.
Studds, Mr. Thompson of New Jer-
sey, Mr. TiERNAN, Mr. Wolff. Mr.
Reid, and Mr. Sarbanes) :
H.R. 1657. A bill to provide for the develop-
ment of a uniform system of quality grades
for consumer food products; to the Commit-
tee on Agriculture.
By Mr. ROSENTHAL (for himself Mr.
Bell, Mr, Brasco. Mr. Brown of Cali-
fornia, Mr. Burke of Massachusetts.
Mr. Conyers, Mr. Dulski, Mr. Eck-
hardt, Mr. Edwards of California,
Mr. Eilberg, Mr. Fraser, Mr. Gibbons.
Mr. Green of Pennsylvania, Mr.
Harrington, Mr. Hechler of West
Virginia, Mr. Howard. Mr, Karth, Mr.
Kastenmeier, Mr. Koch, Mr Leg-
gett. Mr. Mitchell of Maryland. Mr
Moorhead of Pennsylvania, Mr. Pep-
per, and Mr. Pettis) :
H.R. 1658. A bUl to amend the Federal Food,
Drug, and Cosmetic Act to require the labels
on certain package goods to contain the
name and place of business of the manufac-
turer, packer, and distributor; to the Com-
mittee on Interstate and Foreign Commerce.
By Mr. ROSENTHAL (for himself. Mr.
Podell. Mr. Price of Illinois. Mr.
Rangel. Mr. Rodino. Mr. Roybal,
Mr. Ryan, Mr. Seiberling, Mr.
Studds, Mr. Thompson of New Jersey.
Mr. TiERNAN, Mr. Wolff, Mr. Reid.
and Mr. Sarbanes) :
H.R. 1659. A bill to amend the Federal
Food. Drug, and Cosmetic Act to require the
labels on certain package goods to contain
the name and place of business of the manu-
facturer, packer, and distributor; to the Com-
mittee on Interstate and Foreign Commerce.
By Mr. ROSENTHAL (for himself, Mr.
Bell, Mr. Bingham. Mr. Brasco. Mr.
Brown of California. Mr. Burke of
Massachusetts. Mr. Conyers. Mr.
Dulski, Mr. Eckhardt, Mr. Edwards
of California, Mr. Fraser, Mr. Gib-
bons, Mr. Green of Pennsylvania.
Mr. Harrington, Mr. Hechler of
West Virginia, Mr. Howard. Mr.
Karth. Mr. Kastenmeier, Mr. Koch,
Mr. Leggett, Mr. Mitchell of Mary-
land, Mr. Moorhead of Pennsylvania,
Mr. Pepper, and Mr Podell) :
H.R. 1660. A bin to amend the Fair Packag-
ing and Labeling Act to require the disclosure
by retail distributors of unit prices of pack-
aged consumer commodities, and for other
ptirposes; to the Committee on Interstate and
F\)reign Commerce,
By Mr. ROSENTHAL (for himself. Mr.
Price of Illinois, Mr. Rangel. Mr.
i.82
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td
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P
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CONGRESSIONAL RECORD — HOUSE
January 9, 1973
RoDiNO, Mr. Ryan, Mr. Seibebling,
Mr. Thompson- of New Jersey, Mr.
TiERNAN. Mr. Reid, and Mr. Sar-
BANES) :
H.R. 1661. A bill to amend the Fair Pack-
Biglng and Labeling Act to require the dlsclo-
s are by retail distributors of unit retail prices
cf packaged consumer commodities, and for
ether purposes; to the Committee on Inter-
state and Foreign Commerce.
By Mr. ROSENTHAL (for himself, Mr.
Annunzio. Mr. Brasco, Mr. Brown
of California. Mr. Bitrke of Massa-
chusetts. Mr. CoNYERS, Mr. Dulski,
Mr. EcKHARDT, Mr. Edwards of Cali-
fornia, Mr. Green of Pennsylvania.
Mr. Harrington. Mr. Hechler of
West Virginia. Mr. Howard. Mr.
Karth. and Mr. Koch) :
H R. 1662. A bill to amend the Economic
Stabilization Act of 1970. to stabilize the re-
1! prices of meat for a period of 45 days at
e November 1972 retail levels, and to re-
ire the President to submit to the Congress
plan for insuring an adequate meat supply
U.S. consumers, reasonable meat prices,
ft fair return on invested capital to
farmers, food processors, and food retailer."?;
the Committee on Banking and Currency.
By Mr. ROSENTHAL (for himself. Mr.
Mitchell of Maryland, Mr. Moor-
head of Pennsylvania, Mr. Pepper,
Mr. Podell. Mr. Price of ninois, Mr.
Rangel, Mr. RoDiNo, Mr. Studds, Mr.
Thompson of New Jersey. Mr. Wolff,
Mr. Reid. and Mr. Sarbanes) :
H.R. 1663. A bill to amend the Economic
abllizatlon Act of 1970, to stabilize the
ail prices of meat for a period of 45 days
the November 1972 retail levels, and to
r^ulre the President to submit to the Con-
a plan for insuring an adequate meat
pply for U.S. consumers, reasonable meat
ices, and a fair return on invested capital
farmers, food processors, and food retall-
; to the Committee on Banking and
Cjirrency.
By Mr. ROSENTHAL (for himself, Mr.
Brasco, Mr. Brown of California, Mr.
Burke of Massachusetts, Mr. Con-
YERS, Mr. Dulski, Mr. Eckhardt. Mr.
Edwards of California, Mr. Eilberg,
Mr. Fraser. Mr. Gibbons. Mr Green
of. Pennsylvania. Mr. Harrington,
Mr. Hechler of West Virginia. Mr
Howard. Mr Karth. Mr. Koch. Mr.
Mitchell of Maryland. Mr. Moor-
head of Pennsylvania. Mr. Pepper,
Mr. Podell. Mr. Price of Illinois. Mr.
Pritchard, and Mr. Ranged :
H R. 1664. A bill to repeal the meat quota
-- islons of Public Law 88-482; to the Com-
ttee on Ways and Means.
By Mr. ROSENTHAL (for himself. Mr.
Reuss. Mr. RoDiNo, Mr. Roybal, Mr.
Seiberling. Mr. Studds. Mr. Thomp-
son of New Jersey, Mr. Wolff, Mr.
RriD. and Mr Sarbanes) :
H.R. 1665. A bill to repeal the meat quota
■ Dvislons of Public Law 88-482; to the Com-
ttee on Ways and Means.
By Mr. ROSENTHAL (for himself. Mr.
Bell. Mr. Brasco, Mr. Brown of
California. Mr. Burke of Massachu-
setts. Mr. Conyers. Mr Dulski. Mr.
Eckhardt, Mr. Edw.^rds of California,
Mr. Fraser. Mr. Gibbons, Mr. Gp.een
Pennsylvania. Mr. Harrington. Mr.
Hechler of West Virginia. Mr. How-
ard. Mr. Karth. Mr. Kastenmeier,
Mr. Koch, Mr. Legcett. Mr. Mitch-
ell of Maryland, Mr. Moorhead of
Pennsylvania. Mr. Pepper, Mr. Pettis.
and Mr. Podell) :
H R. 1666. A bill to require that durable
"-.sumer products be labeled as to durabll-
and performance life: to the Committee
Interstate and Foreign Commerce.
By Mr. ROSENTHAL i for himself, Mr.
Price of Illinois, Mr. Rangel. Mr.
RoDiNo, Mr. Roybal, Mr. Studds. Mr.
ei ess
SI
P
tc
e*
Thompson of New Jersey, Mr. Tier-
I NAN. Mr. Wolff. Mr. Reid, and Mr.
I Sarbanes) :
H.R. 1667. A bill to require that durable
consumer products be labeled as to durability
and performance life; to the Committee on
Interstate and Foreign Commerce.
By Mr. ROSENTHAL (for himself, Mr.
Bell, Mr. Bingham, Mr. Brasco, Mr.
Brown of California, Mr. Burke of
Massachusetts, Mr. Conyers, Mr.
Dulski. Mr. Eckhardt, Mr. E^w.^rds
of California. Mr. Fraser. Mr. Gib-
bons, Mr, Green of Pennsylvania,
Mr. Harrington, Mr. Hechler of
West Virginia, Mr. Howard. Mr.
Karth, Mr. Kastenmeier, Mr. Koch,
Mr. Leggett, Mr. Mitchell of Marj--
land, Mr. Moorhead of Pennsylvania,
Mr. Pepper, and Mr. Pettis) :
H.R. 1668. A bin to require that certain
durable products be prominently labeled as
to date of manufacture, and for other pur-
poses; to the Committee on Interstate and
Foreign Commerce.
By Mr. ROSENTHAL (for himself, Mr.
Podell, Mr. Price of Illinois, Mr.
Rangel, Mr. Rodino, Mr. Roybal. Mr.
I Seiberling, Mr. Studds, Mr. Thomp-
son of New Jersey, Mr. Wolff, Mr.
Reid, and Mr. Sarbanes) :
H.R. 1669. A bill to require that certain
durable products be prominently labeled as
to date of manufacture, and for other pur-
poses; to the Committee on Interstate and
Foreign Commerce.
By Mr. ROSENTHAL (for himself, Mr.
( Brasco. Mr. Brown of California. Mr.
I Burke of Massachusetts. Mr. Con-
I YERs. Mr. Eckhardt, Mr. Edwards of
] California, Mr. Fraser, Mr. Gibbons,
Mr. GREip of Pennsylvania, Mr. Har-
I rington, Mr. Hechler of West Vir-
ginia. Mr. Howard, and Mr. Kasten-
meier) :
H.R. 1670. A bill to amend the Federal
Trade Commission Act to make sales promo-
tion games unfair methods of competition;
to the Committee on Interstate and' Foreign
Commerce.
By Mr. ROSENTHAL (for himself. Mr.
Mitchell of Maryland, Mr. Pepper,
Mr. Podell, Mr. Price of Illinois, Mr.
Rangel, Mr. Rodino. Mr. Roybal. Mr.
Thompson of New Jersey, Mr. Reid,
and Mr. Sarbanes) :
H.R. 1671. A bill to amend the Federal
Trade Commission Act to make sales promo-
tion games unfair methods of competition;
to the Committee on Interstate and Foreign
Commerce.
By Mr. ROSENTHAL (for himself, Mr.
Bell. Mr. Brasco, Mr. Brown of Cali-
fornia. Mr. Burke of Massachusetts,
Mr. Conyers. Mr. Dulski. Mr. Eck-
hardt. Mr. Edwards of California,
Mr. Eilberg, Mr. Fraser, Mr. Gib-
bons, Mr. Harrington, Mr. Hechler
of West Virginia. Mr. Howard. Mr.
Kastenmeier. and Mr. Koch) :
H.R. 1672. A bill to amend the Intergovern-
mental Cooperation Act of 1968 to Improve
Intergovernmental relationships between the
United States and the States and municipal-
ities, and the economy and efficiency of gov-
ernment, by providing Federal cooperation
and assistance in the establishment and
strengthening of State and local omces of
consumer protection; to the Committee on
Government Operations.
By Mr. ROSENTHAL (for himself, Mr,
Leggett. Mr. Mitchell of Maryland,
Mr. Moorhead of Pennsylvania. Mr.
Pepper. Mr. Pettis. Mr. Podell. Mr.
Price of niinols. Mr. Rangel. Mr.
Studds. Mr. Thompson of New Jer-
' sey. Mr. Tiernan. Mr. Wolff. Mr.
• Reid. and Ptr. Srb\nes) :
H.R. 1673. -A bin to amend the Intergov-
ernmental Cooperation Act of 1968 to im-
prove Intergovernmental relationships be-
tween the United States and the States and
municipalities, and the economy and efB-
clency of government, by providing Federal
cooperation and assistance In the establish-
ment and strengthening of State and local
offices of consumer protection; to the Com-
mittee on Government Operations
By Mr. ROUSH:
H.R. 1674. A bill to amend the act entitled
"An act to provide for the establishment of
the Indiana Dunes National Lakeshore, and
for other purposes," approved November 5
1966; to the Committee on Interior and In.'
sular Affairs,
H.R. 1675. A bin to provide Federal assist-
ance to State and local governments for the
purposes of developing and Improving com-
munication procedures and faculties with
respect to the prompt and efficient dispatch
of police, fire, rescue, and other emergency
services; to the Committee on the Judiciary
HJi. 1676. A bill to establish an Office for
Federal Technology Transfer; to the Commit-
tee on Science and Astronautics.
By Mr. RUNNELS :
H.R. 1677. A bin to authorize the Secretary
of the Interior to make water avaUable for
a minimum recreation pool in Elephant Butt©
Reservoir from the San Juan-Chama unit
of the Colorado River storage project; to the
Committee on Interior and Insular Affairs
By Mr. RUPPE :
H.R. 1678. A bill to provide for payments
to compensate county governments for the
tax immunity of Federal lands within their
boundaries; to the Committee on Interior
and Insular Affairs.
- H.R. 1679. A bin to amend the Wild and
Scenic Rivers Act by designating certain riv-
ers In the State of Michigan for potential ad-
ditions to the national wild and scenic rivers
system; to the Committee on Interior and
Insular Affairs.
H.R. 1680. A bill to require no-fault motor
vehicle Insurance as a condition precedent to
using the public streets, roads, and highways
In order to promote and regulate Interstate
commerce; to the Committee on Interstate
and Foreign Commerce.
HR. 1681. A bill to amend the Internal
Revenue Code of 1954 to provide a tax credit
for Investments in certain economically lag-
ging regions; to the Committee on Ways and
Means.
H.R. 1682. A bill to provide additional pro-
tection for the rights of participants in em-
ployee pension and profit-sharing-retirement
plans, to establish minimum standards for
pension and profit-sharing-retirement plan
vesting and funding, to establish a pension
plan reinsurance program, to provide for
portabnity of pension credits, to provide for
regulation of the administration of pension
and other employee benefit plans, to estab-
lish a U.S. Pension and Employee Benefit
Plan Commission, to amend the Welfare and
Pension Plans Disclosure Act, and for other
purposes; to the Committee on Ways and
Means.
By Mr. SCHERLE :
H.R. 1683. A bill to authorize the Secre-
tary of Apriculture to encourage and assist
the several States in carrving out a orogram
of animal health research; to the Commit-
tee o^ Agriculture.
H.R. 1684. A bill to amend the Internal Rev-
enue Code of 1354 to relieve em-iloyers of
50 or less em-loyees from the requirement ut
paying or deoosltlng certain emplovment
taxes more than once each quarter; to the
Committee on Wavs and Means.
B' Mr. SHOUP:
K.R. 1535. A bill to require States to pass
a'ont to aublic assistance recipients who are
entitled to social security benefits the 1972
increase 'n snch benefits, either by disregard-
in?? 't in determining their need for assistance
or otherwise; to the Committee on Ways and
Means.
B- Mr. THOMSON of Wisconsin:
H.R. 1686. A bill to provide for the appolnt-
Jamianj 9, 1973
CONGRESSIONAL RECORD— HOUSE
583
ment of two additional district Judges for
the western district of Wisconsin; to the
Committee on the Judiciary.
By Mr. WRIGHT;
H.R. 1687. A bill to establish policy and
principles for planning and evaluating flood
control, navigation, and other water resource
projects and the use of the water and related
land resources of the United States and set-
ting forth guidance for the benefit-cost de-
terminations of all agencies therein involved;
to the Committee on Public Works.
BvMr. ZABLOCKI:
H.R. 1688. A bill to amend title II of the
Social Security Act to provide that benefits
(When based upon the attainment of retire-
ment age) will be payable to both men and
women at age 60, subject to the existing
actuarial reduction, and that individuals
with 30 years' coverage may retire at age 62
with fuU benefits; to the Committee on Ways
and Means.
By Mr. ZWACH:
HR. i689. A bill to provide a 2-cents-a-
gallon tax reduction on gasoline sold for use
in highway vehicles where the gasoline con-
tains cereal grain alcohol as a substitute
for lead; to the Committee on Ways and
Means.
By Mr. CASEY of Texas;
H.J. Res. 141. Joint resolution proposing
an amendment to the Constitution of the
United States to insure the rights of parents
and local school authorities to determine
which school the children In that locality
will attend; to the Committee on the Judl-
clarv.
By Mr. GIBBONS:
H.J. Res. 142. Joint resolution to establish
a national policy relating to conversion to
the metric system in the United States; to
the Committee on Science and Astronautics.
ByMr. HANLEY:
H.J. Res. 143. Joint resolution proposing
an amendment to the Constitution of the
United States providing that the term of
office of Members of the U.S. House of Repre-
sentatives shall be 4 years; to the Committee
on the Judiciary.
By Mr. HOWARD:
H.J. Res. 144. Joint resolution expressing
the sen.se of 'the Congress with respect to
the foreign economic policy of the United
States In connection with Its relations with
the Soviet Union and any other country
which uses arbitrary and discriminatory
methods to limit the right of emigration,
and for other purposes; to the Committee
on Foreign Affairs,
H.J. Res 145. Joint resolution to establish
a Joint Committee on Environment and
Technology; to the Committee on Rules,
By Mr. OWENS :
HJ. Res. 146. Joint resolution to direct
the Secretary of Agriculture to conduct an
Investigation and study of existing and po-
tential methods of providing livestock and
poultry insurance; to the Committee on
Agriculture.
By Mr RARICK :
HJ. Res. 147. Joint resolution proposing
an amendment to the Constitution of the
United States redefining the advice and con-
sent of the Senate, for purposes of the Presi-
dent's treatymaklng power, so that two-
thirds of the full Senate and House of Rep-
resentatives must concur; to the Committee
on the Judiciary.
H.J. Res. 148. Joint resolution proposing
an amendment to the Constitution of the
United States requiring the advice and eonr
sent of the House of Representatives in the
making of treaties; to the Committee on the
Judiciary.
HJ. Res. 149. Joint resolution proposing
an amendment to the Constitution of the
United States to provide that appointments
of judges to the Supreme Court and Judges to
all other Federal courts, as established under
section 1 of article III, be reconfirmed every
6 years by the Senate and to require 5 years'
prior judicial experience as a qualification
for appointment to said offices; to the Com-
mittee on the Judiciary.
H.J. Res, 150. Joint resolution proposing an
amendment to the Constitution of the United
States relating to employment of subversives
In defense facilities; to the Committee on the
Judiciary.
H.J. Res. 151. Joint resolution proposing an
amendment to the Constitution of the
United States relating to the freedom of
choice; to the Committee on the Judiciary.
By Mr. ROBERTS:
H.J. Res. 152. Joint resolution proposing
an amendment to the Constitution of the
United States to insure the rights of parents
and local school authorities to determine
which school the children In that locality
will attend; to the Committee on the Judi-
ciary.
By Mr. RUNNELS:
HJ. Res. 153. Joint resolution to establish
a Joint Committee on the Federal Budget; to
the Committee on Rules.
By Mr. STRATTON ;
H.J. Res. 154. Joint resolution proposing
an amendment to the Constitution of the
United States relating to the election of
President and Vice President; to the Com-
mittee on the Judiciary.
By Mr. VANIK:
H.J. Res. 155. Joint resolution proposing
an amendment to the Constitution of the
United States regarding the election of the
President and Vice President and the nomi-
nation of candidates for the Presidency; to
the Committee on the Judiciary.
By Mr. ANDERSON of UUnois:
H. Con. Res. 45. Concurrent resolution ex-
pressing the sense of the Congress with re-
spect to the restrictive emigration policies of
the Soviet Union and its trade relations with
the United States; to the Committee on
Foreign Affairs.
By Mr. ANNUNZIO:
H. Con. Res. 46. Concurrent resolution ex-
pressing the sense of the Congress that the
President, acting through the U.S. Ambas-
sador to the United Nations Organization,
take such steps as may be necessary to place
the question of human rights violations in
the Soviet-occupied Ukraine on the agenda
of the United Nations Organization; to the
Committee on Foreign Affairs.
By Mr. EDWARDS of Alabama:
H. Con. Res. 47. Concurrent resolution ex-
pressing the sense of the Congress with re-
spect to the accounting and return of all
American prisoners In Southeast Asia; to the
Committee on Foreign Affairs.
By Mr. FLOOD:
H. Con. Res. 48. Concurrent Resolution
to seek the resurrection of the Ukrainian
Orthodox and Catholic Churches In Ukraine;
to the Committee on Foreign Affairs.
ByMr. DERWINSKI:
H. Con. Res. 49. Concurrent Resolution
to seek the resurrection of the Ukrainian
Ortliodox and Catholic Churches In Ukraine;
to the Committee on Foreign Affairs.
By Mr.FREY:
H. Con. Res. 50. Concurrent resolution ex-
pressing the sense of the Congress with re-
sf>ect to an adequate accounting for all
American prisoners of war, and all Amer-
icans missing in action, as a result of the
hostilities in Indochina; to the Committee
on Foreign Affairs.
H. Con. Res. 51. Concurrent resolution to
require a court impact statement In each
report of legislation from a committee of
either House of Congress to that House;
to the Committee on Rules.
By Mr, HOWARD:
H. Con. Res. 52. Concurrent resolution
expressing the sense of the Congress with
respect to an international conference on
the creation of an International Environ-
mental Agency; to the Committee on For-
eign Affairs.
H. Con. Res. 53. Concurrent resolution call-
ing for the humane treatment and release
of Ai erlcan prisoners of war held by North
Vietnam and the National Liberation Front;
to the Committee on Foreign Affairs.
H. Con. Res. 54. Concurrent resolution to
relieve the suppression of Soviet Jewry; to the
Committee on Foreign Affairs.
H. Con. Res. 55. Concurrent resolution au-
thorizing the Joint Committee on the Library
to commission a painting of the astronauts
first landing on the moon on the celling of
the Brumldl corridor In the Senate wing of
the Capitol; to the Committee on House Ad-
ministration. *
H. Con. Res. 56. Concurrent resolution ex-
pressing the sense of Congress with respect
to the New York City commuter tax; to the
Committee on the Judiciary.
By Mr.QUIE:
H. Con. Res. 57. Concurrent resolution pro-
viding for the printing of the First National
Report of Project Baseline; to the Commit-
tee on House Administration.
By Mr. RARICK:
H. Con. Res. 58. Concurrent resolution ex-
pressing the sense of Congress that the Holy
Crown of Saint Stephen should remain In
the safekeeping of the U.S. Government until
Hungary once again functions as a constitu-
tional government established by the Hun-
garian people through free choice; to th«
Committee on Foreign Affairs.
By Mr. ROUSH;
H. Con. Res. 59. Concurrent resolution that
It Is the sense of Congress that the United
States and the various political entitles
thereof should adopt 911 as the nationwide,
uniform, emergency telephone number; to
the Committee on Interstate and Foreign
Commerce.
By Ms. ABZUO:
H. Res. 104. Resolution establishing the
Special Committee on the Termination of the
National Emergency and authorizing ex-
penditures thereby; to the Committee on
Rules.
By Mr. BROTZMAN (for himself. Mr.
Dingell, Mr. Karth, Mr. Roe, Mrs.
Hansen of Washington, and Mr.
Stokes ) :
H. Res. 105. Resolution to amend the Rules
of the House of Representatives to create a
standing committee to be known as the Com-
mittee on the Environment; to the Commit-
tee on Rules.
By Mr. FLOOD:
H. Res. 106. Resolution establishing a Spe-
cial Committee on the Captive Nations; to
the Committee on Rules.
By Mr. DERWINSKI:
H. Res. 107. Resolution establishing a Spe-
cial Committee on the Captive Nations; to
the Committee on Rules.
By Mrs. GRIFFITHS:
H. Res. 108. Resolution providing for in-
vestigations and studies by standing com-
mittees of the House of Representatives to as-
certain and Identify those areas in which dif-
ferences In treatment or application, on. the
basis of sex, exist In connection with the ad-
ministration and operation of those provi-
sions of law under their respective Jurisdic-
tions, and for other purposes; to the Com-
mittee on Rules.
H. Res. 109. Resolution establishing a Spe-
cial Committee on the Captive Nations; to
the Committee on Rules.
By Mr. HELSTOSKI:
H. Res. 110. Resolution relative to the Fed-
eral telecommunications system service; to
the Committee on Veterans' Affairs.
By Mr. KLUCZYNSKI:
H. Res. 111. Resolution creating a select
committee to be known as the Select Com-
mittee on the House Restaurant; to the Com-
mittee on Rules.
ByMr. R.^RICK:
H. Res. 112. Resolution relative to the com-
mitment of U.S. Armed Forces; to the Com-
mittee on Foreign Affairs.
By Mr. RODINO:
H. Res. 113. Resolution to provide funds
for the Committee on the Judiciary; to the
Committee on House Administration.
)84
'RIVATE BILLS AND RESOLUTIONS
Under clause 1 of rule XXII, private
)ills and resolutions were introduced and
: everallv referred as follows:
By Mr. BAKER :
H.R. 1690. A bUl for the relief of Farmers
I Chemical Ajsociatioa, Inc.; to the Committee
m the Jiidlclarv.
By Mr. BOLAND:
H R. 1691. A bill for the relief of John C.
"•ai*and; to the Committee on the Judiciary.
H.R, 1692. A bill tor the relief of Donald
^ Lariviere: to the Committee on the Judl-
' :lary.
H.R. 1693. A bill for the relief of Lulgl
liaiuanlello; to the Committee on the Ju-
illciary.
By Mr. BURLISON of Missouri:
H.R. 1694. A bill for the relief of Ossie
:!mmons and others; to the Committee on
he Judiciary.
■ By Mr. DANIELSON :
H.R. 1695. A bill for the relief of Leon Z.
)imapilis; to the Committee on the Ju-
diciary.
H.R. 1696. A bill for the relief of Sun Hwa
■Coo Kim; to the Committee on the Judiciary.
H R. 1697. A bi:i for the relief of Giuseppe
Orlando; to the Committee on the Judiciary.
By Mr. DUNCAN :
H.R. 1698 A bill for the relief of Nativldad
I :ruz Lacusong; to the Committee on the
fudiciary .
By Mr. FREY:
H.R. 1699. A bill to direct the Secretary
I if the Interior to convey to William H. Munt-
; ing phosphate Interests of the United
States In certain real property located In
CONGRESSIONAL RECORD — SENATE
January 9, 1973
the State of Florida: to the Committee on
Interior and Insular Affairs.
H.R. 1700. A bUl for the relief of Maria
Francisca Bieira; to the Committee on the
Judiciary.
H.R. 1701. A bUl for the relief of Lucia S.
David; to the Committee on the Judiciary.
H.R. 1702. A bill for the relief of Robert G.
Pitman. Jr.; to the Committee on the Judi-
ciary.
H.R. 1703. A bill for the relief of Teresa
Ryan; to the Committee on the Judiciary.
ByMr. HANLEY:
H.R. 1704. A bill for the relief of the Rescue
Mission Alliance of Syracuse; to the Com-
mittee on the Judiciarv.
By Mr. HELSTOSKI:
H.R. 1705. A bill for the relief of Patrice J.
Bergoeing; to the Committee on the Judi-
ciary.
H.R. 1706. A bUl for the relief of Mr. and
Mrs. Alejandro de la Cruz Gonzalez Donoso;
to the Committee on the Judiciary.
H.R. 1707. A bill for the relief of Amalla
Lopez; to the Committee on the Judiciary.
H.R. 1708. A bill for the relief of jiian
Carlos Lopez; to the Committee on the Judi-
ciary.
H.R 1709. A bill for the relief of Mr. and
Mrs. Herman H. Molina and two minor chil-
dren; to the Committee on the Judiciary.
H.R. 1710. A bill for the relief of Mr. and
Mrs. Mario Petrone; to the Committee on the
Judiciary.
H.R. 1711. A bill for the relief of Mr. and
Mrs. Raul Jose Rojas and minor child; to the
Committee on the Judiciary.
H.R. 1712. A bill for the relief of Raymond
Szytenchelm; to the Committee on the Judl-
H.R 1713. A bill for the relief of Mr and
Mrs. Os'aldo Agulrre Rivera and three minor
children; to the Committee on the Judiciary
By Mr. HELSTOSKI (bv request) •
H.R. 1714 A bill for the relief of Kazimierz
Bieleckl: to the Committee on the Judiciary
By Mr. ROBISON of New York :
H.R. 1715. A bill for the relief of Cpl. Paul
C. Amedeo. U.S. Marine Corps Reserve; to the
Committee on the Judiciary.
H.R. 1716. A bill for the relief of Jean
Albertha Service Gordon; to the Committee
on the Judiciary.
By Mr. STRATTON :
H.R. 1717. A bill to authorize the President
to appoint Vice Adm. Hyman G. Rlckover.
U.S. Navy-Retired, to the grade of admiral
on the retired list; to the Committee on
Armed Services.
By Mr. ZABLOCKI :
H.R. 1718. A bill for the relief of Mrs.
Patricia Bukowski and Mr. John Juras; to
the Committee on the Judiciary.
PETITIONS. ETC.
Under clause 1 of rule XXII, petitions
and papers were laid on the Clerks desk
and referred as follows :
18. By the SPEAKER: Petition of 27 mem-
bers of the Wisconsin State Assembly. Madi-
son, Wis., relaii'e to the war in Southeast
Asia: to the Committee on Foreign Affairs.
19. Also, petition of the 1972 National Con-
vention of the American Legion, relative to
the House Committee on Internal Security;
to the Committee on Internal Security.
n
SENATE— rwesrfai/, January 9, 1973
The Senate met at 12 o'clock merid-
an an-l was called to order by the Pres-
dent pro tempore (Mr. Eastland).
The PRESIDENT pro tempore. With-
out objection, it is so ordered.
PRAYER
Thfe .Chaplain, the Reverend Edward
.. R. Clson. D.D., offered the following
)rayer
Almighty God, whosekingdom is above
ill earthly kingdoms and who judges all
esser Sovereignties, look with pity and
orgivqness upon this Nation Thou i^ast
riven ts for our heritage. Forgive us\pr
lavingl left undone the things we ougfit
o havt( done and for doing the things we
)ught .lot to have done. Deliver us from
he national pride, the moral arrogance,
ind tjie self-will which obstruct the
nakin^ of a world of justice, peace, and
■ighte(5asness. Give us the character to
)e wo "thy of the peace for which we
vearil:' long and earnestly strive. Grant
is the wisdom, courage, and strength
leedfid for our times.
Thankful for blessing through many
;ener£\tions. give us grace now to walk
lumbly with Thee, seeking only to love
rhee \'ith our whole heart and soul and
nind und our neighbor as ourself: and
o labwr for the coming kingdom whose
juiider and maker Thou art.
In His name who taught us to pray
Thy kingdom come — Thy will be done,
)n earth, as it is in heaven." Amen.
ATTENDANCE OF SENATORS
Hon. Warren G. Magnuson, a Senator
from the State of Washington, and
Hon. Joseph R. Biden, Jr., a Senator
from the State of Delaware, attended
the session of the Senate today.
ORDER FOR TRANSACTION OF ROU-
TINE MORNING BUSINESS
Ml-. ROBERT C. BYRD. Mr. President.
I ask unanimous consent that at the con-
clusion of the two orders for the recogni-
tion of Senators today, there be a period
for the transaction of routine morning
business for not to exceed 30 minutes
with statements therein limited to 3
minutes.
The PRESIDENT pro tempore. With-
out objection, it is so ordered.
remainder of the first session of the 93d
Congress, immediately following the
prayer and disposition of the reading
of the Journal each day, the distin-
guished majority leader and the distin-
guished Republican leader, or their
designees, each be recognized for not to
exceed 5 minutes.
The PRESIDENT pro tempore. With-
out objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President,
by way of explanation, may I say that
this request has not been cleared either,
with the distinguished Republican leader
or the distinguished majority leader. I
want to make it clear that they are not
requesting it. but I think that from time
to time we h?.ve noted that the distin-
guished l^-aders really require more than
the usual 3 minutes, and I think it only
fitting that each of them should be ac-
corded 5 minutes each — rather than 3
minutes before the Senate proceeds
with special orders, morning business,
and so forth.
ORDER FOR ADJOURNMENT TO
THLTISDAY. JANUARY, 11, 1973
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that, when the
Senate completes its business today, it
stand in adjournment until 12 o'clock
meridian on Thursday next.
The PRESIDENT pro tempore. With-
out objection, it is so ordered.
THE JOURNAL
Mr. ROBERT C. BYRD. Mr. President,
[ ask onanimous consent that the read-
ng 0^ the Journal of the proceedings
)f Sa;urday. January 6, 1973, be dis-
lienscd with.
AUTHORIZATION FOR MAJORITY
AND MINORITY LEADERS, OR
THEIR DESIGNEES. TO SPEAK FOR
5 MINUTES INSTEAD OF 3
Mr. ROBERT C. BYRD. Mr. President.
I ask unanimous consent that, during the
ORDER FOR RECOGNITION OF SEN-
ATOR MOSS ON THURSDAY
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that, on Thurs-
day next, immediately following the rec-
ognition of the two leaders or their
designees, the distinguished Senator from
Utah 'Mr. Moss> be recognized for not tj
exceed 15 minutes.
The PRESIDENT pro tempore. With-
out objection, it is so ordered.
MESSAGES FROM THE PRESIDENT
Messages in writing from the President
of the United States were communicated
Januanj 9, 1973
CONGRESSIONAL RECORD — SENATE
585
to the Senate by Mr. Geisler, one of his
secretaries.
REPORT ON TRADE AGREEMENTS
PROGRAM— MESSAGE FROM THE
PRESIDENT
The PRESIDENT pro tempore laid be-
fore the Senate the following me.'sage
from the President of the United States,
which, with the accompanying report,
was referred to the Committee on Fi-
nance
To the Congress of the United States:
In accordance with Section 402(a) of
the Trade Expansion Act of 1962, I
transmit herewith the Sixteenth Annual
Report of the President on the Trade
Agreements Program. This report covers
developments during the twelve months
ending December 31, 1971.
That year marked an historic turn-
ing point in international economic re-
lations. Deepening cri.ses in the spring
and summer of 1971 dramatized the
obsolescence and inequity of the rules
and mechanisms developed at the end of
World War II. Against this background,
the Administration announced in Au-
gust a series of measures designed in
part to prevent further damage to the
United States economic position. More
fundamentally, actions were taken to
open the way for reforming the world
trade and monetary systems through
multilateral cooperation.
Concurrently with monetary consul-
tations which led to the Smithsonian
Agreements in December of 1971, the
United States opened bilateral discus-
sions with our major trading partners.
These discussions yielded valuable re-
ductions during 1972 in a number of for-
eign barriers to our exports. Even more
significant, however, was the conclusion
reached among the United States, the
European Community and Japan that
permanent solutions could only be found
through broad-based negotiations. The
result of the discussions was an agree-
ment to work actively for the opening
in 1973 of a new round of comprehensive
negotiations involving all elements of
trade policy.
The nations of the world now have the
opportunity to open a new era of inter-
national relations characterized by ne-
gotiation rather than confrontation
across the whole range of foreign policy
issues.
Our key objectives in reform of the in-
ternational trading system are to re-
duce existing tariff and nontariff bar-
riers affecting agricultural as well as in-
dustrial products, to establish new rules
for the fairer conduct of world trade,
and to open new opportunities for the
poorer nations to earn the foreign ex-
change required for their development.
Such far-reaching goals can be achieved
only uithin a framework which provides
for the equitable sharing of benefits and
responsibihties and which includes a
safeguard system that allows time for
Industries adversely affected by foreign
competition to adjust to shifts in trade
patterns.
Proposals which will enable the United
States to negotiate effectively are now
under intensive study in the executive
CXIX 38— Part 1
branch. In the coming months, the Ad-
ministration will be working closely with
members of the Congress to determine
how we can best meet the challenges and
seize the opportunities which lie ahead.
I am confident we will be able to es-
tablish a new international economic
framework within which trade can ex-
pand on an equitable basis for all par-
ticipants— contributing to peace and
prosperity for all nations of the world.
Richard Nixon.
The White House, January 9, 1973.
REPORT OF OFFICE OF ALIEN PROP-
ERTY. DEPARTMENT OF JUS-
TICE—MESSAGE FROM THE
PRESIDENT
The PRESIDENT pro tempore laid be-
fore the Senate the following message
from the President of the United States,
wiiich, with the accompanying report,
was referred to the Committee on the
Judiciary :
To the Congress of the United States:
In accordance with section 6 of the
Trading With the Enemy Act, I herewith
transmit the annual report of the Office
of Alien Property, Department of Jas-
tice, for the fiscal year ended June 30,
1971.
Richard Ni.xgn.
The White House, January 9, 1973.
REPORT ON COMPARi\BILITY FOR
THE FEDERAL STATUTORY PAY
SYSTEMS— MESSAGE FROM THE
PRESIDENT
The PRESIDENT pro tempore laid be-
fore the Senate the following message
from the President of the United States,
which, with the accompanying report,
was referred to the Committee on Post
Office and Civil Service :
To the Congress of the United States:
In accordance with the provisions of
section 5305 of title 5. United States Code,
I hereby report on the comparability
adjustment I have ordered for the Fed-
eral statutory pay systems in January
1973.
The American system of career civil
service is based on the principle of re-
warding merit. As President I have a spe-
cial appreciation of the contribution that
the service makes to our Nation, and I am
pledged to continue striving to make it
an even more effective, responsive part of
our Government. One way of achieving
this is to maintain a salary scale for
civil servants that is just and comparable
to that received by equivalent individuals
in the n/ivate sector.
The^djustment I have ordered is
based on recommendations submitted to
me' by the Director of the Office of Man-
agement and Budget and the Chairman
of the Civil Service Commission, who
serve jointly as my "agent" for Federal
pay. Their report, which is enclosed, com-
pares Federal salaries with average pri-
vate enterprise salaries as shown in the
1972 National Survey of Professional, Ad-
ministrative. Technical, and Clerical Pay,
and recommends a 5.14 percent increase
in Federal salaries in order to achieve
comparability with the private sector.
The report of the Advisory Committee
on Federal Pay, which I appointed under
the provisions of section 5306 of title 5,
is also enclosed. The Advisory Committee
generally agreed with the recommenda-
tions of the Director of OMB and tlie
Chairman of the Civil Service Commis-
sion and endorsed their plans for studies
and further refinements in the pay com-
parison process. However, the Advisory
Committee also recommended that in
addition tc the 5.14 percent increase,
an extra pay adjustment of approxi-
mately .36 percent be granted to make
up for the three-month delay of tliis pay
adjustment that was necessitated this
year by the Economic Stabilization Act
Amendments of 1971. Since such an in-
crease would result in paying Federal
employees higher salaries than com-
parable private enterprise employees as
shown by the annual Bureau of Labor
Statistics Survey, I have concluded that
such additional increase would be neither
fair nor justifiable.
Also transmitted is a copy of an Ex-
ecutive order promulgating the adjust-
ments of statutory salary rates to become
effective on the first day of the first pay
period beginning on or after January 1,
1973.
Concurrent with the issuance of this
Executive order adjusting pay for civil
servants, I have also signed an Executive
order providing a pay increase of 6.99
percent in the basic pay of members of
our uniformed services. This Executive
order complies with section 8 of Public
Law 90-207 (81 Stat. 654) , which provides
that whenever the rates of the General
Schedule of compensation for Federal
classified employees are adjusted up-
wards, there shall immediately be placed
into effect a comparable upward adjust-
ment in the basic pay of members of the
uniformed services.
Richard Nixon.
The White House, January 9. 1973.
PROCEDURE FOR IMMEDIATE CON-
SIDERATION OF BILLS
Mr. SCOTT of Pennsylvania. Mr. Pres-
ident, I will not use all of my time as this
is simply to get on record what I have told
the distinguished assistant majority
leader. I have sent him a resolution from
our conference stating that the confer-
ence of the minority, on yesterday, voted
unanimously to request the majority, in
the matter of requests for immediate
consideration of bills or resolutions, to
give seasonable notice, as it customarily
does to the minority leadership and the
ranking member of the committee or
committees involved.
I say this so as to explain what is
meant by "seasonable." It is my under-
standing that it simply means opportu-
nity to the leadership and the ranking
minority member or members to be
present on the floor and engage in col-
loquy if it .seems to be necessarj'.
We of the minority hope that this is
acceptable to the majority leader, as we
believe it will facilitate the conduct of
our business.
Mr. ROBERT C. BYRD. Mr. Presi-
dent, I am sure that the distinguished
majority leader would have no objection
to going along with what seems to be
586
Mr.iRpBERT C. BYRD. Mr. President.
I suggest the absence of a quorum, with
the t^e to be taken out of the time
allotted to the distinguished Senator
from Virginia 'Mr. Harry F. Byrd. Jr.>.
The PRESIDENT pro tempore. The
clerk Mil call the roll.
The second assistant legislative clerk
proceeded to call the role.
Mr. ROBERT C. BYRD. Mr. President,
I ask Unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr.
HASKELt * . Without objection, it is so
DrderCTl.
CONGRESSIONAL RECORD — SENATE
January 9, 1973
a reasonable request on the part of the
distinguished Republican leader.
Mr. SCOTT of Pennsylvania. I thank
the assistant majority leader.
I yield back the remainder of my time.
ORDER OF BUSINESS
The PRESIDENT pro tempore. Under
the previous order, the distinguished
Senator from Virginia (Mr. Harry F.
Byrd, Jr.) is now recognized for not to
excee<i 15 minutes.
QUORUM CALL
ORDER OF BUSINESS
Mr. ROBERT C. BYRD. Mr. President!
[ ask unanimous consent that the re-
■naining time allotted to the distin-
ruisheJ Senator from Virginia (Mr.
Harry F. Byrd. Jr.) oe given to the dis-
;in?uished majority leader at this point.
[ understand that about 5 minutes re-
nain.
The PRESIDING OFFICER. That is
correct.
Without objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President,
vill tfie distinguished majority leader
.ield lie 30 seconds?
Mr. MANSFIELD. I vield.
DRDER FOR RECOGNITION OF SEN-
ATOR ABOUREZK ON THURSDAY
Mr. ROBERT C. BYRD. Mr. President,
: ask Unanimous consent that following
:he remarks of the distinguished Senator
rom TJtah ^Mr. Moss* on Thursday
le.xt. the distingui.5hed Senator frorn
South Dakota (Mr. Abourezk) be rec-
ognized for not to exceed 15 minutes.
The PRESIDING OFFICER. V/ithout
objection, it is so ordered.
1
THE 4-BS STORY
Mr. MANSFIELD. Mr. President. 25
rears ago, a man named Bill Hainline,
lis wife, his son, and his daughter opened
he first of the 4-B restaurants in Mis-.
lOu/a^Mont. Since that time, they have
iprea(J' throughout the State and into
he N^irthwest and have made a repu-
ation which has spread far and wide.
I w<«uld like at this time to ask unani-
1 nous consent that a success story about
1 his family be printed in the Record, be-
( ause in my opinion it offers encourage-
ment to others who start from scratch,
1 ,'ho are able to make a success of them-
j elves and to achieve a distinct place in
t tie life of a State and a region.
Therefore. Mr. President, I ask unani-
mous consent that the article entitled
"The 4-Bs Story," published in the
magazine 'Montana — The Rocky Moun-
tain North," be printed in the Record.
There being no objection, the article
was ordered to be printed in the Record,
as follows:
The 4-B's Story
1 (By Don Ingels)
It all began 25 years ago — a man, his family,
and an old fashioned Idea about serving
food to the public.
Bill Hainline, his wife Buddy, son Bill, Jr.,
and daughter Barbara (the four "B's")
opened the first 4-Bs Restaurant at 1359
West Broadway, In Missoula, Montana. From
opening day In 1947 and ever since, the 4-B's
restaurants, cafeterias and Red Lion Supper
Clubs have rigidly followed Bill's formula —
"Quality, Cleanliness and Hospitality equal
Success."
The original 4-B's quickly became the early
morning social center of Missoula. So many
coins were dropped Into the juke box that
there was almost always music in the air,
and the machine's receipts were so great
that the rent was covered year after year. The
building was constructed of logs. The Haln-
line's lived upstairs, all taking their turns
on the Job.
The popularity of the 4-B's food, service
and cleanliness prompted expansion plans.
The original restaurant was remodeled; then
by 1950 the 4-B'3 name appeared in Deer
Lodge and Helena. In 1953, the Halnline's
established their own wholesale supply cen-
ter In order to assure quality control and
service for their three restaurants. Origi-
nally, the wholesale service cut the meats
and baked the pastries for all three restau-
rants. Today it is a modern U.S. Government
inspected, highly automated meat processing
plant as well as a central supply center for
the entire 4-B's chain. Al Powell is the man-
ager and Don Hege is his assistant.
By 1962, Bill Hainline was ready for a new
move. He liked the Idea of self-service cafe-
terias which would have a deluxe decor, fea-
ture old fashioned, home cooking and appeal
to all age groups. This kind of food service,
he determined, should be located In a busy
shopping center. The first 4-B's Cafeterias
were built in Missoula and Great Falls. Later,
Billings and Helena welcomed them, and in
1971 the 4-B's name appeared in Bismarck,
North Dakota.
Bill Halnline's next venture was a logical
expansion into the supper club domain. The
popular Red Lion Supper Clubs follow the
Hainline formula of Quality, Cleanliness and
Service amid luxurious surroundings. They
are already famous for their chicken bisque
soup and complimentary Rose wine served
with every meal. Complete dinners are com-
plemented with the continental touch of
fresh fruit selections. Red Lion Supper Clubs
appeared first in Missoula, then Great Falls.
Havre. Kaiispell. and the newest. Bozeman.
How do you measure a success story? Back
in 1947 the Halnline's had 10 employees. To-
day there are nearly 700, many of whom have
ten to twenty years of continuous service.
The familiar 4-B's Restaurant sign has most
recently appeared in Butte. Bozeman and
Havre as well as Missoula. Deer Lodge, and
Helena. All across Montana, motorists see
billboards saying, "You're in 4-B County!"
How many new cars have been sold, or in-
surance policies signed, or real estate deals
closed over a friendly cup of coffee under the
4-B's sign? Does the fact that Vice President
Robert W. Frcellch needs three IBM com-
puters to keep track of all aspects of the 4-
B's business Indicate success?
No, the success of 4-B's is couched In the
name. Bill Hainline. his wife. Buddy (now
deceased), his son, Bill Jr., and daughter,
Barbara (now married and living in Spo-
kane) started as a closely knit team devoted
to a goal of service. Today. 20 different man-
agers of 20 diaerent 4-B's facilities continue
that pledge. They are working managers who
have grown within the system, just as the
original team. Men such as Everett Edeno.
the Supervisor, and George Spencer. Execu-
tive Chef, have grown within the system
strengthening their convictions and passing
them, undiluted, to others.
What could be a more fitting 25-year an-
niversary occasion than the opening of a
bigger, more beautiful 4-B's Restaurant at
700 West Broadway, Missoula, Montana — just
a few blocks from where it all began back In
1947?
"MAN OF THE YEAR: WALLACE"
Mr. MANSFIELD. Mr. President, I was
very much intrigued by an article in the
Washington Post of December 31, 1972,
by David S. Broder, entitled "Man of the
Year: Wallace."
The man in reference is Governor Wal-
lace of Alabama. I believe there is a great
deal of merit and much to think about In
David Broder's story of this man who suf-
fered such a loss when there was an at-
tempted assassination against him.
I ask unanimous consent that the ar-
ticle by Mr. Broder be printed in the
Record.
There being no objection, the article
was ordered to be printed in the Record,
as follows:
[From the Washington Post, Dec. 31, 1972)
Man of the Year: Wallace
(By David S. Broder)
The man of the year, says Time magazine,
is that strange hybrid, a Nixinger. There are
several million magazine covers showing the
heads of the President of the United States
and national security adviser Henry Kis-
singer, carved from a single slab of marble,
or something, to attest that this Is the official
choice.
I hate to say It, but I think that even with
their double nomination, the editors of Time
have blown It. As the Chief Executive or First
Fan himself would say, they "did the easy
thing" and thereby did a disservice to his-
tory. It took no great courage to pick the men
who rediscovered China, ended the arms race
with Russia, announced peace in Vietnam
and, in their spare time, carried Spiro Agnew
to victory in 49 of the 50 states.
The gutsy choice would have been to put
George Wallace on the cover, and it's a choice
that could have been defended. If you want
the men who best symbolizes America In the
year 1972. Wallace has far better qualifica-
tions than Kissinger or Nixon.
The latter two are the preeminent Insid-
ers— perhaps the only two Americans who
have known every one of the last 366 days
what the hell was happening in the matters
that aff'ected our fate. But this was the year
of the outsider, the year when most Ameri-
cans felt shut off from access to the things
they really wanted to know, to see, to Influ-
ence or control.
It was the year of the gripe — of saying to
hell with the bigshots who wage wars, raise
taxes, pass laws, hand down court orders,
blackout football games and lie to you that
they're doing it for your own good. And
George Wallace was the spokesman and sym-
bol of the teed-off, frustrated, fed up Amer-
ican who senses that he's been made an out-
sider at the party he's paying for.
"Send Them a Message," Wallace said last
winter when he was beginning his campaign,
and If Richard Nixon said anything all year
that sums up the American mood any better
than that, it doesn't come to mind.
Wallace unleashed the slogan in the Florida
primary and his victory there gave the Demo-
crats a shaking from which they never re-
covered. Ed Muskle and Hubert Humphrey,
January 9, 1973
CONGRESSIONAL RECORD — SENATE
587
who embodied what was left of the old tra-
dition of Democratic liberalism, were
trounced by a force neither comprehended.
Only George McGovern felt the current of
national frustration Wallace had tapped and
In Wisconsin he immediately reshaped his
own faltering campaign to exploit It.
Ironically, Wallace himself was unclear
what to do with his opportunity. Like a lot
of the frustrated citizens for whom he spoke,
he had not bothered to read the fine print on
the papers he had been shown. He did not
understand the chance he had to pick up
delegates in non-primary states under the
new party rules. His confidence also wavered
at this crucial point, and he delayed bringing
his campaign north to Wisconsin — a delay
just long enough to give McGovern a crucial
victory and himself only a fast-closing sec-
ond. By the time he grasped the strength
of the tide he was riding, Wallace was being
stalked by a would-be assassin. Before his
major victories came, he had been cut down
by gunfire.
As a victim of violence, too, he symbolizes
America — a nation crippled by the weapons
it cannot seem to stop using on Itself or on
others. Our national delusion is that release
from frustration — be it an unsuccessful In-
ternational negotiation or a thwarted per-
sonal desire — can be found by squeezing the
trigger or pressing the bomb-release button.
And Wallace Is a symbol of the price we pay
for that delusion.
Crippled, he left the campaign — left it to
McGovern and to Nixon. Of the two, the
President proved far more skillful in evoking
the fears and playing to the frustrations
Wallace had identified — the war, big gov-
ernment, school busing, job quotas, higher
taxes, tolerance of politically or personally
deviant behavior. And, thanks to Wallace's
absence, Mr. Nixon won a handsome victory,
running up his biggest margins, by no co-
incidence, in the states Wallace had carried
as an independent candidate In 1968.
So, it Is Nixon who will ride in triumph
down Pennsylvania Avenue on Jan. 20, back
to the White House, where he and Henry
Kissinger will continue to read the cables and
make the decisions that shape our lives, tell-
ing us only as much as they think it wise
for us to know.
And George Wallace will sit there In that
wheelchair, knowing where the power is,
knowing now that at one moment of history,
it might have been within his grasp, had lie
but realized it. He will sit there, better cared
for but with no more hope of complete re-
covery than the hundreds of thousands of
other victims of vlole.ice last year In Viet-
nam, in Ulster, or in the gunridden society
of America. He will think of what might have
been. and. like most of the frustrated citizens
for whom he spoke, he will know that the
power to shape his own life to his own ends
is one he will never regain. He began by say-
ing. "Send them a message." and now even
his own lees do not respond.
To me, he is the man of the vear.
NOT ALL SPEECHES AND CREAM
Mr. MANSFIELD. Mr. President, in the
New York Times of January 5, 1973, is
a news story entitled "To New Senator,
Not All Speeches and Cream," by James
T. Wooten. It refers to our colleague, the
(Jistinguished Senator from Colorado
•Mr. Haskell) who is now presiding
over the Senate; and I ask unanimous
consent that the article be printed in
the Record.
There being no objection, the article
was ordered to be printed in the Rec-
ord, as follows:
To New Senator, Not All Speeches and
Cream
(By James T. Wooten)
Washington, Jan. 4. — The tall, thin man
was enjoying himself Immensely.
The last five people he had passed In the
long marble hall had nodded courteously and
called him "Senator," and with each greet-
ing, his smile had broadened.
"I like it," Floyd K. Haskell said, and he
chuckled. "I'm shocked when they call me
that, but I'll get over It pretty soon, I'm
sure. In fact," he said, smiling a bit less than
before, "that's the very least of my prob-
lems."
Like the 11 other new Senators sworn In
here yesterday, the 56-year-old Colorado
Democrat had discovered In his first 24
hours on the job that the Congress of the
United States Is not all peaches and cream
and public service.
different life style
His cramped office space wasvbeing threat-
ened by a colleague and his seniority rank
was established as third from the bottom.
Moreover, the Harvard-educated tax law-
yer was a virtual stranger In a city very
much unlike his own, and he was trying to
adjust • • • from the one he had left behind.
"But all of that was expected," he said to-
day amid the second-day confusion of his
office. "Maybe not some of the specific head-
aches that have come up, but the general an-
ticipation that there would be problems was
pretty common among us all."
The main headache, he said, puffing the
pipe that is his constant companion, "Is me-
chanics— you know, just getting the office
ranked up." He glanced around at Suite
5239 in the New Senate Office Building, a
tliree-room suite subdivided Into five rooms
and crammed with fi^llng cases, desks, car-
tons and crates.
MORE CIVILIZED IN HOUSE
Ultimately, a dozen people are scheduled
to work In the office. "That's If we get to
keep it." cautioned Paul Talmey, the Sen-
ator's administrative assistant.
Yesterday morning, soon after members of
his staff had begun moving in, members of
Senator William Proxmire's staff began "nos-
ing around." as one of Senator Haskell's sec-
retaries put it, sizing up the suite as a pos-
sible addition to the offices of their boss's
principal committee.
Should the Wisconsin Democrat decide to
take over the suite. Senator Haskell and his
people would be evicted and begin the task
all over again.
"They're much more civilized over in the
House," said Mr. Talmey. "They draw num-
bers and the space goes mtich faster and with
much more order. Over here on this side. It's
chaos for the new people."
FORMER REPUBLICAN
One part of the problem for the Senator
and his staff was the reluctance on the part
of the people who had occupied the suit*
before them to moxe out.
"This was part of Senator (Karl E.)
Mundt's space." another secretary explained,
referring to the aging, ailing South Dakota
Repiiblican who did not seek re-election last
rear. "After all, they've only knov,*n for two
years that they were leaving, but they
waited till the last minute to start moving."
Senator Haskell, who was assigned the last
seat on the last r:iw In the Senate, is a for-
mer state legl.slator whD left the Republican
party in 1970 as a protest against President
Ni.xon's Vietnam war policies, speclflcally his
orders to invade Cambodia.
No one on his staff is expecting an invita-
tion to the White House very soon.
When the committee appointments were
a!inounced today. Senator Haskel! was not
included on the Finance, the powerful, pres-
tigious committee he had wanted.
But another of his choices. Interior, was
honored. He was also named to the Com-
mittee on Aeronautical and Space Sciences
and on the Select Committee on Small Busi-
ness.
"REALLY fascinating"
"It's fascinating, really fascinating," the
Senator said. He is a deep-voiced but soft-
spoken man who seems enough of a stole to
survive. "It's like swimming — but not in wa-
ter— swimming in some brand new element.
I was very much at home as a lawyer back
home, but here you have to start from
scratch."
He and Mrs. Haskell have taken a month-
by-month lease on an apartment writhln
walking distance of the Capitol and plan
to remain there while she deals with Wash-
ington's real estate establishment, a bright-
eyed crowd In these days of bureaucratic
shuflSlng.
The furnished quarters on O Street are
adequate for them and their 20-year-old
daugliter, Pamela — one of three children —
but as she said at a reception for her father
j-esterday, "It's not home, that's for sure."
The Haskells, a moderately wealthy fam-
ily, left behind a comfortable home set on
a sprawling site Just outside Denver. "If
you've ever lived In Denver you'd know
the difference between It and Washington,"
said Miss Haskell.
"We all realize there are adjustments,"
Senator Haskell said today. "We're going to
make them. After all. I wanted this job pret-
ty badly, and I doubt that there's anybody
In this town who's any happier to be here."
TREATY WITH THE REPUBLIC OF
COLOMBIA— REMOVAL OF IN-
JUNCTION OP SECRECY
Mr. MANSFIELD. Mr. President, as In
executive session, I ask unanimous con-
sent that the injunction of secrecy be re-
moved from the Treaty with the Repub-
lic of Colombia concerning the status of
Quita Sueno, Roncador, and Serrana,
signed at Bogota on September 8, 1972 —
Executive A, 93d Congress, first ses-
sion— transmitted to the Senate today by
the President of the United States, and
that the treaty with accompanying pa-
pers be referred to the Committee on
Foreign Relations and ordered to be
printed, and that the President's mes-
sage be printed in the Record.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The message from the President Is as
follows :
To the Senate of the United States:
I am transmitting for the Senate's ad-
vice and consent to ratification the
Treaty between the Government of the
United States of America and the Gov-
ernment of the Republic of Colombia,
concerning the Status of Quita Sueno.
Roncador and Serrana, signed at Bogota
on September 8. 1972.
Under^e Treaty the United States re-
nounces all claims to sovereignty over
three uninhabited outcroppinss of coral
reefs in the Caribbean^Juita Sueno,
Roncador and Serrana.
The Treaty assures that the fishing
rights of each Government's nationals
and vessels in the waters adjacent to
Quita Sueno will be free fiom interfer-
ence by the other Government or by its
nationals or vessels. Colombia also agrees
to guarantee to United States nationals
and vessels a continuation of fishing in
09
the
t
Sei ran
10 1
rii
naljory bnsis.
he express purpose of the Treaty is
settle long-standing questions con-
ing! the status of the three reefs,
htch are located between 380 and 460
!5 from the Colombi&n mainland. In
latt irtneteenth century, the United
:es Claimed them under the terms of
Grano Islands Act of 1856. foUow-
their discovery by an American citi-
in 1869. In 1890 Colombia protested
extraction by United States nation-
of Guano from these reefs, claiming
Colombia had inherited sovereign
; a# them from Spain. In 1928 the
ted^* States and Colombia recognized
ej^stence of their dual claims and
gdeed, to maintain a status quo situ-
)n vhicb has existed to the present
to
ce
\v
mi
the
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th(
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ati
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i
u I
CONGRESSIONAL RECORD — SENATE
January 9, 1973
wafers adjacent to Roncador and proceed to the transaction of routine
4, sub.]ect to reasonable conserva- morning business for a period of not to
measures applied on a nondiscrimi- exceed 30 minutes, with each Senator
THE ENERGY CRISIS
to be recognized for a period not to
exceed 3 minutes.
a
m
teinai
It
n?s.
ORDER OF BUSINESS
Mr. MANSFIELD. Mr. President, I
send two unanimous-consent requests
to the desk and ask for their immediate
consideration.
.'e^otiation of the Treaty signed last
Sefcterhber was a response to Colombia's
de' ire to enhance its claim to sovereignty.
T!ie primary interest of the United
Stiites in the area is to protect the right
of \mencan nationals and vessels to con-
tinue : fishing there. Another United
Sti ites. interest is the continued mainte-
naice of navigational aids on the three
re« fs.
'The* Treaty meets the practical In-
i of both countries. It will satisfy
Icffig-standing desire of the Colom-
jieople that their claim to sover-
r^^not be encumbered by a conflicting
Joy the United States. It vsill protect
ted States interests in maintaining
fishing rights in the area and, through
■elated^arrangement will provide for
intenance by Colombia of the naviga-
tiotial aids there in accordance with in-
iional regulations. The enclosed re-
t df the Department of State more
describes the provisions of the
?aty and its related arrangements.
This Treaty demonstrates once again
desire and willingness of the United
te.^ to settle, in a spirit of understand-
and good will, differences which may
st in our relations with other coun-
^articularly with our Latin Ameri-
aeighbors. I urge that the Senate
fj vorably on the Treaty in the near
ur t.
Richard Nixon.
Th': White House, January 9, 1973.
J
4 ^
BIRTHDAY WISHES TO THE PRES-
DS'NT OF THE UNITED STATES
Mr; SCOTT of Pennsylvania. Mr.
President.- 1 take this time to note that to-
i^ the birthday of the President of
L'^ited Slates. We wish for him suc-
~ m his aims to brmg about a more
ceful world, and we hope that good
.1 rha.v prevail through hi-s^fforts and
•oUgh the efforts of Congress. I am
-lire it is the wish and the mood of the
.•\iiiencan people that the way to peace
be foimd and our hopes go with him in
tiis Enterprise.
TRANSACTION OF ROUTINE
. MORNING BUSINESS
ThSe PRESIDING OFFICER. Under
tli|e previous order, the Senate will now
COMMITTEE MEMBERSHIP
The PRESIDING OFFICER. The first
unanimous-consent request of the Sen-
ator from Montana will be read.
The assistant legislative clerk read the
unanimous-consent request as follows:
Mr. President, I make the following unani-
mous consent request:
( 1 ) that In addition to the committee
memberships to which a Senator may be
•entitled under paragraph 6 of Rule XXV of
the Standing Rules of the Senate, a Sena-
tor may serve during the 93d Congress as a
member of any Joint committee, if the Sen-
ate members of that committee may be
selected only from among members of one
or more of the standing committees named
in paragraph 2 or 3 of that rule and speci-
fied In the provision of law relating to the
selection of membership to such Joint com-
mltree; and
(2) that a Senator, who on January 2,
1971, was a member of more than one com-
mittee of the classes described in the second
sentence of paragraph 6(a) of Rule XXV of
the Standlr.g Rules ot the Senate, may be
assigned during the 93d Congress to other
committees Included within those classes,
except that no Senator may serve on a num-
ber of committees of these classes greater
than the numbers of such committees on
which he was serving on such date.
The PRESIDING OFFICER. Without
objection, the unanimous-consent re-
quest is agreed to.
The next unanimous-consent request
will be read.
The a.s..istant legislative clerk read the
unanimous-consent request as follows:
• Mr. President. I ask unanimous consent
that the paragraph of Senate Resolution 12.
agreed to January 4, 1973, relating to the
majority party membership of the Committee
on Government Operations, read as follows:
■'Committee on Government Operations:
Mr Ervin (Chairman), Mr. McClellan, Mr.
Jackson, Mr. Muskle. Mr. Rlblcoff, Mr. Met-
calf. Mr. Allen. Mr. Chiles, Mr. Nvinn, Mr.
Huddleston."
This request is made In order to correct
an error in U-ting Senators according to their
seniority on the Committee.
The PRESIDING OFFICER. Without
objection, the unanimous consent request
is agreed to.
• Mr. MANSFIELD. Mr. President, to
explain that, we had two of the Senators
reversed in the positions in which they
should have been. This imanimous con-
sent corrects it.
I thank the distinguished Senator from
Arizona for yielding.
ORDER OF BUSINESS
The PRESIDING OFFICER. Under the
previous order, the Senator from Arizona
is recognized.
Mr. FANNIN. Mr. President, great
progress has been made in America in
the past half-century.
We are better educated and the op-
portunities to acquire an education are
more tmiversally available.
Our economic system is more respon-
sive to consumer demands and we enjoy
a more equitable distribution of goods
and services.
The scientific discoveries of the past 50
years are so numerous it would take
months just to catalog them.
We are a vocal, literate people, enjoy-
ing instant communication and ultimate
mobility.
Many reasons can be advanced to ex-
plain what has taken place in the past 50
years, but I want to suggest that the prin-
cipal reason why we are recognized as
the most advanced coimtry by other na-
tions in the world, is that moi'e than any
other group of people we have succeeded
in substituting mechanical energy for
animal energy.
Imagine for a moment what today's
world would be if we were suddenly de-
prived of energy. Without electrical
energy there would be :
No radio:
No television;
No air conditioning;
No modem lighting;
No elevators in our skyscrapers.
Without fossil fuels there would be no
central heating;
No rapid transportation:
No petrochemicals.
In fact, without such energy as we
have today we would be reduced to a
loincloth, woodbuming civilization.
Without energy most of us could not
have come to this session today. The
highly efficient distribution system which
provides our food, our clothing, our en-
tertainment, and our recreation would
be impossible.
Most of us have seen the phrase
"energy crisis." Unforttmately, because
the shoe has not pinched our feet yet. we
have dechned to become emotionally or
intellectually involved with the problem.
Mr. President, the immediacy and ur-
gency of the energy crisis is demon-
strated by an article in today's Arizona
Republic. The news story reveals that
there may be a statewide moratorium
on the extension of gas lines to new
homes and businesses in Arizona. There
also is to be a curtailment of the gas
supply to current industrial users for
the next several days. I ask imanimous
consent to have this article inserted in
the Record.
There being no objection, the article
was ordered to be printed in the Record
as follows : ,
MOR.^TORrUM ON NEW GaS LINES EXPECTED
A statewide moratorium on extending gas
lines to new homes and businesses loomed
yesterday.
Citing a natural gas shortage, Arizona Pub-
lic Service Co. the State Corporation Com-
mission to approve a 90-day halt to APS
customer hook-ups Involving construction of
gas facilities.
APS also said yesterday that it had been
asked by El Paso Natural Gas Co. to curtaU
all Industrial users of natural gas, beginning
at 7 a.m. today. El Paso Natural Gas supplies
January 9, 1973
CONGRESSIONAL RECORD — SENATE
589
APS. The curtailment could continue for two
or three days. El Paso said.
The reason for the curtailment Is severe
cold weather in the Midwest, South and the
entire southwestern areas served by El Paso,
the company said.
The commission scheduled the APS re-
quest for public hearing at 9 a.m. Jan. 22
and Commission Chairman Al Faron said
other natural gas distributors will be asked
to show why the proposed moratorium should
not apply to them in view of the supply
problem cited by APS.
Pending the commission's hearing and
decision. APS nas stepped accepting any new-
requests for gas service involving construc-
tion of facilities, said Keith Turley, executive
vice president of the utility.
But the firm will honor its existing con-
tracts to extend gas service to property devel-
opers, an APS spokesman added.
APS said its gas supplier, El Paso, faces
"an immediate gas shortage which will in-
crease in severity for at least the next several
years."
Under an interim Federal Power Commis-
sion order binding upon El Paso until Octo-
ber 1973, or until a permanent order is issued,
APS is unable to get additional natural gas
from the source, Turley added.
Hence, APS does not want to promise gas
service to new customers and have them in-
vest in gas appliances that might prove use-
less in future years, a company spokesman
said.
APS said that protecting existing custom-
ers comes first and that customers wanting
gas turned on at an existing matter can
get it.
An APS official said the company would
use its requested 90-day moratorium to see
If the natural gas shortage can ije alleviated
with propane.
APS also needs the time to calculate exactl"
how many customers can be served with the
natural gas reaching the 150 points where
the firm takes delivery from El Paso to serve
most major southern Arizona towns, the APS
official added.
Within the 90 days, APS would develop per-
manent guidelines for accepting or rejecting
new gas service applications. Turley indi-
cated.
Asked about claims In some quarters that
talk of a worsening gas shortage Is cal-
culated to drive up gas prices, Corporation
Commission Chairman Faron said the Jan.
22 hearing will go Into the extent of the
shortage.
Mr. FANNIN. Mr. President, this is
happening: all over the Nation.
As a member of the Committee on
Interior and Insular Affair.- I have bcn-^-
fited from participation in a national
fuels and energy study which the com-
mittee has been conducting pursuant to
Senate Resolution 45.
We have been working in conjunction
with the Committee on Public Works and
Commerce and the representatives of the
Joint Committee on Atomic Energy.
During the 92d Congress, as a part of
our studies we held 31 days of hearings
on 18 different energy-related topics.
These hearings focused on a broad
range of subject matter, including the
structure of the Federal Government for
energy policy decisionmaking — the Outer
Continental Shelf — Federal leasing policy
for energy resources — natural gas pol-
icy— deep water ports and super tank-
ers— coal gasification — oil sh^le — geo-
thermal steam — trends in exploration
and development of oil and gas — and
Federal policy for energy-related re-
search arrd development.
I have been pleased to be able to par-
ticipate in this effort. To date it has been
evenlianded and nonpartisan. As we con-
clude it we must maintain the same ob-
jectivity and fair mindedness.
Energy is too important to the national
interest to be treated otherwise.
As we wind up our energy study the
focus is shifting from planning to action
What I mean to suggest here at the be-
ginning of the 93d Congress is this is
the time to accelerate positive action to
meet our energy needs. To support such
action we must have citizen awareness of
the magnitude of that threat which con-
fronts us.
At least six factors contribute to our
energy crisis.
These are: first, escalating demands,
particularly for oil and natural gas and
electricity; second, the cost-price rela-
lationships of producing energy; third,
environmental constraints — both those
which are reasonable and those which
are purely emotional; fourth, ineflBcient
uses of our present fuel; Jifth. national
security implications; and sixth, largely
unfounded objections to the development
of nuclear energy.
NATURAL GAS
Natural gas is our cleanest fuel. Pres-
ent demand exceeds supply. Projected
demands for natural gas in 1985 have
been estimated at 107 billion cubic feet
a day. Some forecasters have been pre-
dicting, however, that by 1985 the supply
will be limited to 60 billion cubic feet,
which leaves a deficit of 47 billion cubic
feet a day.
Part of the explanation for this pro-
jected deficit can be found in the cost-
price relationship. According to the U.S.
Bureau of Mines, in 1970 the cost of
finding an average thousand cubic feet
of natural gas was 24 cents. But the aver-
age price due to Federal Power Commis-
sion regulation was only 18 cents a thou-
sand cubic feet.
Thus, it was costing the industry 6
cents more a thousand cubic feet to find
new gas than the regulated selling price.
With this kind of negative incentive the
exploration rate for new gas has seri-
ously declined. Yet the regulated low
price has strongly encouraged demand.
Recently, the Federal Power Commis-
sion removed some of the restrictions
from the price of gas, which we hope
will begin to encourage new exploration,
but the effect of this regulatory change
in actually producing needed supplies
may not be felt for several years.
At the present time we are importing
mnually almost 1 trillion cubic feet of
gas from Canada. Alaska's North Slope
can produce over an additional trillion
cubic feet per year by 1980.
Some U.S. industry representatives,
however, have been negotiating with the
Soviets regardmg the purchase of about
S30 billion worth of Russian gas over the
next 25 -year period.
Anyone acquainted, even casually, with
the international tensions of the past 50
years must recognize that whenever we
import substantial amounts of essential
fuels from a foreign country we are plac-
ing otirselves at the mercy of the con-
tinuance of that supply.
We must recognize the national se-
curity implications, not to mention the
balance-of-payments problems presented
by foreign dependency for a growing part
of oiu- gas supplies. Adding to the diflQ-
culty is the fact that importing gas,
which has to be liquified in order to
transport, will cost U.S. consumers about
three times the price of domestically
produced gas.
PETROLEUM
And speaking of national security and
balance-of-payments implications, no-
where is this problem more apparent
than with petroleum.
Economists are predicting that by
1985 the United States will be over 50
percent dependent upon foreign sources
of oil.
Mr. President, most of the imports
will be coming from the Middle East and
North Africa.
All of the major oil exporting coun-
tries belong to a tough-minded producers
cartel — the Organization of Petroleum-
Exporting Countries, or OPEC for short.
Some of its members — Libya. Algeria, and
Iraq — have already begun to nationalize
the oil companies operating in their ter-
ritory. They say to the oil companies,
•'What was yours yesterday is ours to-
day." And they simply expropriate the
assets. Others have used slightly less
drastic measures such as substantially
raising prices.
OPEC has succe.ssfuUy demanded a
51-percent equity participation in the
oil companies by 1983 beginning with a
25-percent equity participation this year.
The OPEC countries control over 75
percent of the known oil reserves in the
free world. With a sellers monopoly,
they have the power to command much.
Most of these nations are Arab — fierce-
Iv anti-Israel — and one country, Libya,
has threatened to cut off oil supplies to
the United States imless we change our
policies toward Israel.
King Fasial of Saudi-Arabia, how-
ever, has opposed using oil as a political
tool. But the stability of present Middle
Eastern governments is another question.
The Soviet Union, wliich is self-
sufficient in oil, encourages the Arab
countries to continue nationalizing U.S.
oil companies in order to curb what
they call capitalistic imperialism.
Assuming that oil would continue to
flow at the rate the international market
can absorb, some economists predict
that the growing U.S. dependence on
foreign oil wiU by 1985 result in an an-
nual balance-of-payments deficits of $25
billion.
Om- demands for oil are^skyrocketing.
It is forecast to leap from a little over
16 million barrels a day in 1972
to over 30 million barrels a day in 1985.
And more than half of this supply under
present conditions would have to be im-
ported.
Domestic oil is hard to find. In the
1930's the oil industry found 275 barrels
of oil for each foot of exploratoiT drilling.
In recent years the figure has fallen to
35 barrels.
Drilling deeper costs more.
The social demand for clean fuels has
been escalating. Following the oil spill
off Santa Barbara a few years ago. en-
viroiunental litigators went to work to
5)0
CONGRESSIONAL RECORD — SENATE
January 9, 1973
o]>pos.e offshore operations of oil com-
puniejB.
Opposition redoubled as the result.of
t\:o Additional offshore mishaps in tbe
Gulf of Mexico. A Federal Court ordered
tie Interior Department to resubmit its
environmental impact statement after
e:;panding the discussion of alternatives
t( include foreign sources. The lease sale
w is t4ien canceled.
Lalpr realizing that the gulf con-
ii Ins- large quantities of much needed
o: I aiid clean-burnmg gas, the litigants
b ing'.ng the earlier action decided not to
ti y to stop the recently held sale in off-
shore'Louisiana.
Yeb strong environmental resistance
t( conducting offshore lease sales on the
A ,lar^ic seaboard continues to develop.
T le ^st coast is where offshore oil and
gas axe needed most inasmuch as this
fi.el import-dependent area is quite vul-
n( rable to potential disruptions of foreign
ei lergy supplies.
In order to lessen dependence on for-
eign oil, the construction of the trans-
A aska pipeline has been proposed. It
w 3uld carry oil from the North Slope to
Vildez, to be transported from there by
ti nker to the lower 48 States.
Th6>North Slope of Alaska represents
tie largest domestic discovery made in
re cent years, which is estimated at nearly
1( billion barrels. But this oil must stay
ir the ground until the means of trans-
pi irting it is agreed upon and constructed.
In the meantime, foreign oil continues
tc flow into U.S. ports. Moving the oil in
siiall tankers costs more and the indus-
try wants to carry it in supertankers to
k( lep costs down.
The president of Shell Oil Co. has esti-
Kated that by 1985 we will need 300
SI pertankers on the high seas con-
stantly to transport the oil America must
hive. But the United States does not
hive a single port capable of accommo-
diting these supertankers.
The environmental impact on energy
uies can also be felt at the other end.
Automobile emission standards, de-
signed to help clean up our Nation's pol-
li ted air, have resulted in automotive
engine design which burns from 5 to 15
p jrcent more fuel than the preemission
slandard models did.
Notwithstanding the added fuel needs
d le to the emission standards, the auto-
iiiObile combiLstion i.s very ineflBcient. It
his been estimated that only 5 to 20
percent of the gasoline burned is con-
v !rted into mechanical energy which
turns the wheels.
ELECTRICTTT
For the residential, commercial, and
iiidu.':trial consumer electricity is one of
t: le most convenient forms of energy.
In the beginning electricity was used
primarily for lighting, but today it i.s the
e lergy source which controls the tem-
p?rature inside our homes, protects our
food from spoiling, drives the air fan in
0 jr gas or oil furnace if we have one. and
makes possible television and radio.
The demand for electricity in the
1 nited States has been growing at a rate
o' 7 percent per year — faster than the
e lergy industry at large and faster than
r ew powerplants are being constructed.
1 he electrical share of the total energy
sector is expected to grow from 20 per-
cent in 1960 to 41 percent in 1990. But
will this growth become a reality?
No longer can the electrical utilities
find ample gas as a boiler fuel. In some
parts of the country petroleum for boiler
fuel is also in short supply. Air pollution
control regulations are severely restrict-
ing the use of coal and certam high sul-
fur oils. In parts of the Nation tills past
year we have had power blackouts and
imless we move to correct this situation,
we can expect a repetition of this kind of
disaster.
Utility companies must plan today for
what is going to be required 10 years from
now. It takes from 4 to 7 years to get a
new conventional generating plant into
commercial operation.
I would like to take my State of Ari-
zona as an example. In Arizona we have
been extremely fortunate. Our major
suppliers — Arizona Public Service, the
Salt River Project, the Tuscon Gas &
Electric Co. — have planned ahead to meet
the increasing demands for electricity.
These utiJiiies, together with the De-
Hprtment or the Interior, are spending
almost $800 million on the construction
of the Navajo generating station at Page,
Ariz. Two hundred million dollars of this
cost is for antipollution devices.
APS is spending in excess of $200 mil-
lion to construct two 250,000 kw. genera-
tors at the Cholla plantsite. And the
Tucson Gas & Electric will receive a
total of 330.000 kilowatt imits from the
San Juan generating station in north-
west New Mexico.
In order to keep pace with the power
demands of Arizona these three utilities
must spend approximately $1.6 billion for
capital construction during the next 5
years.
To help us understand what a tre-
mendous capital outlay this is, let me
point out that the total gross utility plant
of these three companies at the end of
1971 was $1.4 billion.
In the next 5 years these companies
must spend more new money than the
present total gross value of their existing
facilities.
COAL
And now I want to talk about coal.
We have enough coal to last several
himdred years. Coal is the only primary
fuel which presents absolutely no na-
tional security or balance-of-payments
problems.
The U.S. Geological Siu-vey estimates
that two himdred billion tons of coal are
recoverable under current technological
and economic conditions, and yet we
are mining less coal today than we did in
1947.
Coal is the ideal boiler fuel for elec-
trical generation in the next decade. It
is available, it is economically feasible,
and the utilization of coal would provide
needed employment for people in both
the Eastern and Western States.
Why then is it that we are not moving
rapidly forward to utilize this available
natural resource? The problem is air
pollution.
The coal beds of the Southwest can
also provide our desperately needed nat-
ural gas through coal gasification proc-
ess. But we are dragging our feet.
I propose that the Federal Govern-
ment immediately increase its funding
for research and development. Coal gasi-
fication and stack gas cleaning research
in particular need to be expanded con-
siderably. In fiscal year 1973 the Interior
Department is spending only about $36.5
miUion on coal gasification research and
EPA Is spending only about $17 million
on development of sulfur oxide control
technology, including research on flue gas
treatment. I believe that these amotmts
are inadequate and that spending for
these programs alone should be doubled
or tripled.
Additionally, at the Federal level we
need to reorganize the many separate
and ineffectively coordinated agencies
dealing with energy policies and pro-
grams.
I am not suggesting the Government
should engage in the business of sup-
plying energy. What I am tiying to un-
derscore is that a multiplicity of present
agencies, dealing with various aspects of
the energy problem from the Federal
Power Commission to the Bureau of In-
dian Affairs, have created an intolerable
maze of redtape.
In the next decade our energy de-
mands will continue to grow and to meet
these expanding needs we must find
means to use coal more effectively and
cleanly. Certainly the technology which
has permitted us to send men to the
moon and bring them home can find a
way to control the objectionable off stack
gases and to gasify coal before burning.
Until now too much of this burden or
research has been placed upon the gen-
erators of electricity, and to date they
have done a commendable job.
I wish that all of you could go to the
Four Corners plant and visually inspect
the improvements which have been
achieved through the installation of the
wet scrubbers at a cost of $25 million,
paid for by Arizona Public Service. But
this is only the first of a whole new
generation of equipment, which we can
anticipate will permit the utilization of
coal and allow us to remove all of the
gases and all of the fly ash which has
caused great concern to our environmen-
tally sensitive citizens.
nuclear'
Nuclear power for generating elec-
tricity must be developed. But a series
of events has prevented satisfactory
progress. Of the 35 nuclear plants orig-
inally scheduled for operation during the
period of 1970 to 1972, only nine will be
in commercial operation by the end of
this year.
Nuclear power is safe, dependable, and
can be made available at a price within
the reach of all consumers.
CONSERVATION
In any discussion of the energy crisis,
we must also realize the need to conserve
resources. We can conserve the 20 per-
cent of our energy presently used for
heating by better insulating buildings
and by developing more efficient burners.
The 25 percent of our energy which Is
used for transportation can be stretched
through better mass transit and more
efficient engines.
SUMMARY
These challenges, along with the chal-
lenge of developing our energy resources
January 9, 1973
CONGRESSIONAL RECORD — SENATE
591
to the fullest, can be accomplished. It is
essential that we have a positive, op-
timistic approach to the energy crisis.
This is no time for technological retreat.
Reports indicate we have potentially
recoverable oil reserves sufficient to meet
the present demands for 65 years. But
we must explore and prove the reserves
now.
Potentially recoverable gas reserves
are sufficient to meet present demands
for 50 years. Here again we must prove
those reserves and make them deliver-
able.
Coal resei-ves are equivalent to nearly
300 years supply, but we must develop
new technology to utilize this coal and
protect the environment.
Uranium reserves sufficient to meet
our present total electric power needs for
25 years are available, but we must pro-
ceed to build nuclear generating
capacity.
And recoverable shale oil reserves are
believed sufficient to meet our oil needs
at present demand levels for about 35
years after our "natural oil reserves are
exhausted, but we must develop efficient
methods of extracting the oil from shale.
We have the natural resources' and we
have the engineering talent.
What we must have now is the dedica-
tion, the understanding and the will to
get the job done.
THE LEGISLATIVE BUDGET— DO"WN-
GRADING OF ARMS CONTROL AND
DISARMAMENT AGENCY
Mr. PROXMIRE. Mr. President, I
agree with President Nixon that we
should hold down expenditures. However,
I believe that he is not holding them
down enough. I think that they should
be held down to $245 billion. There
should be ways of discriminating and
deciding what to hold down and where.
This is why I think the proposed one-
third cut in the Arms Control and Dis-
armament Agency is tragic. The $6
million budget apparently allotted for
the Agency in fiscal year 1974 is about
one-third the price of one F-14 airplane.
Is this all the President is willing to
pay for arms control?
NEW NEGOTIATING POLICY
The President's new negotiating stance
is taking form. Apparently he is going
to deemphasize the role of the Arms Con-
trol and Disarmament Agency — ACDA —
the only voice for arms control in the
executive department, and allow . the
Pentagon to run the show.
The resignation of the widely esteemed
Director of ACDA, Gerard C. Smith, is
further evidence that the miUtary has
gained the upper hand in the executive
department.
The negotiating replacement for Mr.
Smith, U. Alexis Johnson, will not as-
sume the directorship of the Arms Con-
trol Agency, thereby completely cutting
that Agency out of its role in the deli-
cate negotiations with the Soviet Union.
This is an appalling turn of events.
If the proposed budgetary action is
taken, it could mean the end of the Arms
Control and Disarmament Agency as an
independent voice in Government.
I intend to fight in the Senate to see
that the Arms Control and Disarmament
Agency is not stripped of its funding or
its obhgation to provide sound advice in
arms control matters.
Mr. President, I ask unanimous consent
that an article from the New York Times
of January 9 dealing with the lack of
progress at SALT II be printed in the
Record at this point.
There being no objection, the article
was ordered to be printed in the Record,
as follows:
Little Progress Reported in United States-
Soviet Arms Talks
(By Bernard Gwertzman)
Washington, January 8 — Well-placed Ad-
ministration officials said today that the
United Sttaes and the Soviet Union had
failed to make any significant progress In
their latest round of talks on the limitation
of strategic arms.
The officials. In separate interviews, pro-
vided the first details about the renewed talks
on arms limitation, which took place in Ge-
neva from Nov. 21 to Dec. 21.
The talks are scheduled to resume In Ge-
neva on Feb. 27, with U. Ale.xls Johnson, who
has been Undersecretary of State for Polit-
ical Affairs, replacing Gerard C. Smith as
the chief American negotiator. Mr. Johnson's
nomination to the new job was confirmed by
the White House today.
offensive arms discussed
The round of talks that ended in Decem-
ber marked the opening of the second phase
of the arms-limitation discussions. They were
devoted primarily to the quest for a com-
prehensive treaty putting limits on all offen-
sive strategic weapons.
The first round of the talks was com-
pleted in Moscow last May with a compre-
hensive treaty on defensive strategic weap-
ons and a five-year interim accord putting
certain limits on land-based and submarine-
launched offensive missiles. The two sides
agreed to seek a more comprehensive agree-
ment on offensive weapons in the second
phase.
In the Geneva round, one high Adminis-
tration official said, both sides took "extreme"
positions, as expected, and the talks ended
without narrowing of known differences.
Another official said he doubted that any
breakthrough would occur until President
Nixon met with Leonid I. Brezlmev, the So-
viet Communist party leader, later this year.
According to the officials, the chief differ-
ences fell in the following areas:
The Americans made it clear that they
were Interested in an agreement that would
end the Soviet Union's numerical advantage
in land-based and submarine-launched mis-
siles, and that would also include the stra-
tegic bombers of both sides. 'TJie bombers
were not included in the ftve-yfear interim
accord. *
The Soviet Union agreed that the treaty on
offensive weapons should be comprehensive,
but insisted "in very strong terms," accord-
ing to one Administration official, that the
treaty also cover the 700 American tactical
aircraft based In Europe and on carriers that
can take nuclear weapons to the Soviet
Union.
The United States, as it did m the Moscow
discussions, said the tactical aircraft, known
in arms-control terminology as forward-based
systems, should not be Included in talks lim-
iting "offensive strategic weapons."
Both sides discussed the need to Include In
the accord multiple warheads, in which the
United States has a techi^ological lead, but
the United States said some kind of outside
inspection system must be provided to moni-
tor what are known as multiple independ-
ently targeted re-entry vehicles, or MIRV's.
The Soviet Union said that any effective
on-site Inspection system would require the
presence of foreign nationals on their terri-
tory and the Russians repeated their opposi-
tion to such a system, which they have tradi-
tionally regarded as a potential espionage
threat.
Tlie Administration officials said that the
differences in approach did not surprise them,
and they presumed that Moscow was not sur-
prised either. One official said, "We need to
feel our way with the Russians."
The officials said that the main stumbling
block to an effective agreement on offensive
weapons remained the Soviet mslstence on
including in the package the tactical aircraft
that can carry nuclear weapons.
The United States has asserted that those
aircraft serve primarily to defend Western
Europe against attack and any reduction In
their numbers should be matched by a cut
the Soviet Union's intermediate-range mis-
siles aimed at Western Europe.
The Russians, however, have said that they
regarded any weapon as "strategic" if it could
deliver a nuclear blow to the other side. Thus,
in their view, the American tactical aircraft
should be Included because they can hit the
Soviet Union, but the Soviet intermediate-
range missiles should not because they can-
not reach the United States.
The Soviet Union and the United States
have agreed not to publicize the details of
their negotiations. The information reported
here was gathered Independently, through a
series of Interviews with various officials, all
of whom sought anonymity.
So far, the White Hotise has not given
much high-level attention to the second
phase of the arms-limitation talks, one offi-
cial said. He explained that President Nixon
and his chief foreign policy adviser, Henry A.
Kissinger, were "preoccupied" with the Viet-
nam talks.
Moreover, the arms negotiators knew that
Mr, Smith was to be replaced by Mr. Johnson.
Thus, one official said, there was a tendency
to put off any major recommendations until
Mr. Johnson had taken charge.
It has not been disclosed whether the other
members of the American delegation to the
arms talks will be changed, but one official
said he doubted It.
agreement on mechanics
At the Geneva round, the two sides did
agree on the mechanics for setting up a
standing committee to discuss violations of
the accords already agreed upon.
Mr. JA"VITS. Mr. President, I would
like to join the Senator from Wisconsin
in the remarks he just made about the
Arms Control Agency. I will join him in
that effort. I consider it my duty as a
member of the Foreign Relations Com-
mittee to do just that.
Mr. PROXMIRE. Mr. President, I
thank the Senator from New York. There
is no other Senator whose support I
would rather have in this matter. I
should be supporting him. He has been
foremost in the fight for the Arms Con-
trol Agency.
SENATE RESOLUTION 13— SUBMIS-
SION OF A RESOLUTION RE-
LATING TO ESTABLISHMENT OF
SPECIAL AD HOC COMMITTEE TO
STUDY QUESTIONS RELATED TO
SECRET AND CONFIDENTIAL GOV-
ERNMENT DOCUMENTS
Mr. JAVITS. Mr. President, in a little
while I shall propose a resolution and
ask for its immediate consideration. The
resolution is on behalf of myself, Mr.
Brooke, Mr. Chiles, Mr. Church, Mr.
Cranston, Mr. Hatfield, Mr. Hughes, Mr.
Mathias, Mr. Pastore, Mr. Randolph,
and Mr. Stevenson.
592
I I
CONGRESSIONAL RECORD — SENATE
Janv.arii 9, 1973
Mr. President, this is a bipartisan reso-
lution. It would appoint a new 10-mem,-
ber committee, five from the majority,
with the majority leader as chairman
of the committee, and five from the mi-
nority, with the minority leader as the
cochairman. ThevCoRtmittee would re-
port to us by June 30, 1973, as to what we
should do about all matters related to
the secrecy, confidentiality, and classi-
fication of Government documents
Mr, I President, this committee would
in no way impinge upon the jurisdic-
tion of any of the other committees.
Their work would go on in this area. I
refer to committees such as the Judiciary
and Government Operations Commit-
tees, '^he resolution is only intended to
get an overview and a recommendation
as to what the Senate should do about
this and related matters of general
policy.
This resolution was passed in the same
form in August of 1972 as Senate Reso-
lution 299. In October of 1972, 10 Sena-
tors were appointed, with Mr. Mans--
FIELD as chairman, Mr. Pastore, Mr.
Hughes. Mr. Cranston, and Mr. Gravel
as majority members, and on the Re-
publican side. Mr. Scott of Pennsyl-
vania as cochairman. Mr. Hatfield. Mr.
Hrusi^a. and Mr. Cook as minority mem-
bers.
Because of our move toward adjourn-
ment at the time, the committee did not
have a chance to organize, and it expired
on Jarluary 2, 1973.
This resolution would extend the life
of the committee to June 30 of this
year. I believe it would give us time to
study questions related to secret and
confidential Government documents.
I have cleared the resolution with the
majority and minority leaders. I have
dis^iLiiied it v^ith the Senator irom Ne-
bra(;ka 'Mr. Hruska'. who took a par-
tic' lar interest in the matter. And I hope
that we can now go forward to do this
work which was started when we looked
into the so-called Gravel situation.
Mr. GRIFFIN. Mr. President, will the
Serator yield?
Mr. JAVrrS-Iyield.
Mr. GRIFFIN. Mr. President, could
the Senator from New York tell me
whether the matter of the reporting
date was cleared with and approved by
the- Senator from Nebraska iMr.
Hi tVka ■
Mr.^JAVITS. That was discussed with
hinr itfid he had no objection.
J'r.,Prc'sident. I .send the resolution to
tho^Q^k and ask mTsnimous consent for
it.'s ^/mediate consideration.
"^Ihe PRESIDING OFFICER. The
cle_^ will report the resolution.
Old assistant legislative clerk read as
for*)wjs:
•^ I S. Res. 13
RaiDlutlon to establish a special ad hoc
committee to study questions rel.ited to
secret and confidential Government doeu-
meiits
Resolved, That there is hereby established
a special ad hoc committee of the Senate
to be compHDsed of ten members, five from
the majcrity and five from the minority.
The majority leader shall be the chairman
and the minority leader the cochairman.
Of the remaining eight members, four will
be appointed by the majority leader and
four by the minority leader Any member
appointed under the provisions of this reso-
lution shall be exempt from the provisions
of the Reorganization Act relating to limi-
tations on committee service.
The committee shall conduct a study and
report Its findings and recommendations to
the Senate, by June 30, 1973, on all ques-
tions relating to the secrecy, confidentiality,
and classification of Government docu-
ments committed to the Senate, or any
Member thereof, and propose guidelines with
respect thereto; and, the laws and rules
relating to secrecy, confidentiality, and clas-
sification of Government documents and the
authority therefor.
The PRESIDING OFFICER. The
question is an agreeing to the unanimous-
consent request of the Senator from New
York.
Without objection, the Senate pro-
ceeded to consider the resolution (S. Res.
13 1 , and it was agreed to.
I
CONFIDENTIALITY OF GOVERN-
MENT DOCUMENTS
Mr. JAVITS. Mr. President. I ask
unanimous consent that an analysis of
the law relatinK to the confidentiality of
documents prepared under the auspices
of the Foreign Relations Committee may
be made part of my remarks together
with a compilation of basic documents
on securitv cla.ssification of information
from the Library of Conijress and a State
Department memorandum on the subject.
There being no objection, the docu-
ments were ordered to be printed in the
Record, as follows:
SECURrry Clas.sification as a Problem in
THE Congressional Role in Foreign
Policy
PREFACE
The controversy generated by the Penta-
gon Parcrs is the most recent manifesta-
tion of the subterfuge which has under-
mliied popuhir confidence In our leaders and
in our Institutions. The U-2 Incident of
1960. the Bay of Pigs affair, the Dominican
intervention, and the Executive branch's
mlsrepresentatio'i.5 concerning the war In
Southeast Asia have all contributed to the
skepticism of the general public towards the
actions ai-d policies of our Government. Ex-
cessive secrecy tends to perpetuate mistaken
policies, and undermines the democratic
principles upon which this country was
fouTided. Fcr this reason, T requested p study
bv the Congressional Research Service of the
Library of Congress of the security claEslflca-
tion procedure and the problem it presents
to Congress In the performance of its Con-
stituiloniil rolo. I believ? that this memoran-
dum will be of interest to both my colleagues
and to th;? j^ner.il public.
The memcrarrtfin was prepared by the
Foreign Affairs Division of the Congressicnal
R3search Service, to which I expre.-s my
appreciation.
J. W. Fllbrigiit. Chairman.
I. INTRODUCTION
Security classification In this paper means
the formal process in the Executive Branch
of Umlti'ig access to or restricting distribu-
tion cf information on the grounds of na-
tional security. T^e purpose cf titiB paper is
to siirvev the security classification process
to determine how it affects the work of Con-
gress on foreign policy a:"'d to explore pro-
posals for changirp the process. It dees not
deal with the related problems of loyalty or
ccnsorshio F.nd it attempts to differentiate
the problem of security classification from
the problem of executive privilege, that is
the withholding of either classified or un-
d.-isslfled information from Congress by the
Executive Branch on the grounds that it is
the right of the President to do so.'
First, as background for considering pro-
posed chsnpcs. the study outlines the origin
of the sy-=t:m. the legislation a:.d regulations
on which the Executive Branch bases its
proce".s of classlrication. and present practice.
Second, it discusses the access of Congress
to classified i iformation and the relation-
ship of classifi'rd infcrmation to the role of
Cougr'-rss in mr.kirg foreign policy. Finally,
It explorPE propcsals for changi-ig the pres-
ent classlf.cation system.
Secrecy has been a factor In making foreign
policy since the first days of the nation's
history. At the Constitutional Convention
the belief that negotiations with other coun-
tries might require secrecy was a major ele-
ment in vesting the treaty power in the
President and the Senate rather than in the
entire Congress. Similarly, military secrecy In
time of war is a long-standing practice. It is
only in the period since the Second World
War. however, that the problem of classified
information has grown to its present dimen-
sions. More formalized procedures, the
greater United States involvement in world
affairs, the concept of an all-pervading threat
from the Soviet Union and other Communist
countries, the growing size of the govern-
ment, and vastly increasing amounts of in-
formation have all contributed to a tremen-
dous Increase in the amount of information
treated as secret.
Classification practice today is based pri-
marily on Executive Order 10501 and the
manner in which it is Interpreted and carried
out throughout the Executive Branch. Al-
though there is no legislation estaolishing a
classification system, during the first ten
post-war years Congress in effect cooperated
or at least acquiesced in the Executive
Branch's establishment of a classlflcaticn
system through such legislation as the
Atomic Energy Act of 1946. the National Se-
curity Act of 1947, and the Internal Security
Act of 1950. Since 1955, however. Congress
has moved in the direction of preventing
excessive withholding of information through
amendment of some f the statutes which
were being used to Justify the classification
system. Nevertheless the dimension of the
problem of classified information does not
appear to have been significantly reduced.
There is general agreement that the quan-
tity of classified Information and documents
remains huge and Includes many documents
which should no longer be classified. More-
over, many observers would say that much
information never should have been classi-
fied in the first place.
There are two main ways In which the se-
curity classification of Information affects
the work of Congress in the foreign affa.rs
field. First, it limits the kind and amount
of Information which Congress receives Sec-
ond, it circumscribes what Congress can do
with information which it does receive, es-
pecially what It can pass on to the public
to explain its position.
Members of Congress can frequently ob-
tain classified information upon request. If
rquested information is withheld, it appar-
ently Is ultimately done so on the grounds
of e:;ecutive privilege rather than on the
grounds that it Is classified. However, the
classification of information does pre-
vent Congress from making It public. More-
over, it may prevent Congress from knowing
that it exists and hence requesting It. Classi-
fication leaves the Executive Branch in fuller
control over what Information it will provide
both Congress and the public since it bars
Journalists and scholars from access unless
the Executive Branch wants to make it avail-
able (or "leak" it) to them.
Many of the proposals relating to the classi-
fication problem aim at cutting down the
amount of classified information or making
Footnotes at end of article.
January 9, 1978
CONGRESSIONAL RECORD — SENATE
593
certain that Information which would not
jeopardize national security is not classified.
Action in this direction might reduce the fre-
quency of Instances in which information in
the foreign affairs field cannot be obtained
even when it is unlikely that the information
could in any way Jeopardize the national se-
curity if It were made public. The problem
for Congress in the foreign aflairs field, how-
ever, goes beyond reducing unnecessary clas-
sification. It involves findii:g a way for Con-
gress to make certain that it receives the full
information necessary for exercising its war
and foreign policy powers, including infor-
mation which most people would agree should
be kept secret from potential enemies. It may
also involve finding a way for Congress to
sliare in determining what information is
classified and thus kept secret from the Amer-
ican people.
n. THE ohigin and legal basis of present
CLASSIFICATION PROCEDtTRES
A. Origin
Secrecy has been practiced to some degree
in diplomatic and military affairs throughout
the nation's history. For example, in 1790
President Washington presented to the Sen-
ate for its approval a secret article to be in-
serted in a treaty with the Creek Indians.^ A
formal and extensive classification system to
keep certain information secret for purposes
of national security did not develop until
much later, however. According to one au-
thority, "Measures and practices for the pro-
tection of official Information in general long
served to protect any defense information
that needed protection without there having
to be any clear distinction between defense
Information and other official information re-
quiring protection." '
The use of markings such as "Confiden-
tial," 'Secret," or "Private" on communica-
tions from military and naval or other pub-
lic officials "can be traced back almost con-
tinuously into the War of 1812." ' However,
the roots of the present classification system
appear to be found around the time of the
First World War. A General Order of the War
Department dated February 16, 1912, estab-
lished a system for the protection of informa-
tion relating to submarine mine projects,
land defense plans, maps and charts showing
locations of defense elements and the char-
acter of the armament, and data on numbers
of guns and the supply of ammunition, al-
though it prescribed no particular mark-
ings.' A General Order from the General
Headquarters of the American Expeditionary
Force dated November 21. 1917, established
the cla.^sifications of '■Confidenti.il." "Secret,"
and "For Ofllcial Circulation Only.""
The classification system established dur-
ing the First World War was continued after
the war was over. Army Regulation 330-5 of
1921 stated:
"A document will be marked "Secret" only
when the Information It contains is of great
importance and v.'hcn the safeguarding cf
thit information from actual or potential
enemies Is of prime necessity.
• * » » •
"A document will be marked 'Confidential'
when it is of less importance and of less secret
a nature than one requiring the mark of
'Secret' but which must, nevertheless, be
guarded from hostile or Indiscreet persons.
• • • • •
"A document will te marked "For official
use only' when It contains information
which is not to be communicated to the pub-
lic or to the press but which may be com-
municated to any personi known to be In
the service of the United States whose duty
It concer7is. or to persons of undoubted
loyalty and discretion who are cooperating
with Government work."'
In a 1935 revision the term "Restricted"
was introduced as a fourth category, to be
Footnotes at end of article.
used when a document contained informa-
tion regarding resecrch work on the design,
test, production, or use of a unit of military
equipment or a component thereof which
was to be kept secret. It also emerged in 1935
that documents on projects with restricted
status were to be marked :
'"Restricted; Notice— This document con-
tains information afTectlng the national de-
fense of the United States within the mean-
ing cf the Espionage Act (U.S.C. 50:31. 32).
The transmission of this document or the
revelation of Its contents in any manner to
any unauthorized person is prohibited." ••
Executive Order No. 3381 Issued March 22.
1940, by President Roc^evelt. entitled "De-
finln:; Certain Military and Naval Installa-
tions and Equipment"' gave recognition to
the military classification system. In this or-
der he cited as authority the act cf Janu-
ary 12, 1938 (Sec. 795(a) of Title IS, part of
the Espionage laws) which stated:
""Whenever, in the Interests of national
defense, the President defines certain vital
military and naval Installations or eqtjipment
as requiring protection against the general
dissemination of information thereto, it shell
be unlawful to make any photograph. sJtctch.
picture, drawing, nir.-y. cr grapliical repre-
sentation of such vital military and naval
Installation or equipment without first ob-
taining permission of the ccmmanding of-
ficer. . . ." "
In defining the Installations or equipment
requiring protection against the dissemina-
tion of Information concerning them, the
President named as one criterion the classi-
fication as "'secret."' ""confidential," or "re-
stricted" tmder the direction of either the
Secretary of War or the Secretary of the
Navy. In addition to military or naval in-
stallations, weapons, and equipment so clas-
sified or marked. Included In the definition
were :
"All official military or naval books, pam-
phlets, documents, reports, maps, charts,
plans, designs, models, drawing. ^^Jhoto-
graphs, contracts, or specifications, which
are now marked under the authority or at
the direction of the Secretary of War or the
Secretary cf the Navy as ""secret." ""coiifi-
dential.'" or '"restricted." and all such articles
cr equipment which may hereafter be so
marked with the approval or at the direction
of the I'resident." >'
That Executive Order was supersede^' by
Executive Order 10104 issued by President
Truman February 1, 1950. In addition to the
three designations previously mentioned, the
new Executive Order referred for the first
time to "top secret," although this designa-
tion had been in use seme years earlier. In
place cf the Secretary of War and the SC': -
reiary of the Navy. Executive Order 10104 de-
scribed the President, the Secretary cf De-
fense, the Secretary of the Army, the Secre-
tary cf the Navy, and the Secretary of the
Air Force as being authorized to cla»,sify cr
direct to be classified the designated Informa-
tion."
On September 24, 1951, President Truman
issued an executive order which ofli'^ially ex-
tended the classification system to non-
military agencies and to ""security Informa-
tion— " Executive Order 10290, ""Prescribing;
Regulations Establishing Minimum Stand-
ards for the Classification. Transmission, and
Handling, by Departments and Agencies of
the Executive Branch, cf Offici?l Information
Which Requlre.s Safeguarding in the Interest
cf the Security of the United States."' It per-
mitted any department or agency of the Ex-
ecutive Branci to classify and define "clas-
sified security Information" to mean "official
information the SBfegi-.arding of which Is
necessary in the Interest of national security,
and which is classified for such purposes by
appropriate classifying authority. " '•'
President Elsenhower replaced Executive
Order 10290 with Executive Order 10501.
"Safeguarding Official Information." on No-
vember 9, 1953. It narrowed the number of
agencies authorized to classify and redefined
the usage of the various security labels Ex-
ecutive Order 10501, which will be described
later, and Its revisions, form the basis for the
present system of classification of Informa-
tion,
B. Legal basis
Executive Order 10501 does not claim to be
authorized by a specific statute. Unlike Exec-
utive Order ioi04. "Definitions of Vital Mili-
tary and Naval Installations and Equip-
ment." which Is linked to a specific provision
of the statutes, Executive Order 10501 Con-
tains in its preface as to authority only the
general statement. "Now. therefore, by vlKue
of the authority vested in me by the Con-
stitution and statutes, and as Presidertt of
the United States, and deeming such action
necessary In the best Interests of the na-
tional security. It Is hereby ordered as fol-
lows. . . ." The Executive Branch apparently
relies primarily on implied constitutional
powers of the President and statutes which
It claims afford a basis on which to Justify
the Issuance of Executive Order 10501. ac-
knowledging that there Is no specific statu-
tory authority for it. In 1970 when the Sen-
ate Foreign Relations Committee Inquired of
tY.e State Department about the legal basis
for the President's Issuance of Executive Or-
der 10501. the Legal Adviser of the State
Department. John R. St€ven.«;on. with the
approval of the Department of Justice, re-
ferred to the Report of the Commission on
Government Security of 1957 for a statement
of the legal basis." That Commission cited
provisions of the Constitution and stated:
"While there Is no specific statutory au-
thority for such an order or Executive Order
10501, various statutes do afford a basis upon
which to justify the issuance of the order."
1. Constitutional Provisions
The three constitutional provisions cited
by the Commission are In article II on the
Executive Branch: Section 1. '"The executive
power shall be vested in a President of the
United States of America": section 2. "The
President shall be Commander In Chief of
the Army and Navy of the United States";
and section 3, "". . . he shall take care thai
the laws be faithfully executed." The Com-
mission said:
"When these provisions are considered in
light of the existing Presidential authority to
appoint and remove executive officers direct-
ly responsible to him. there is demonstrated
the broad Presidential supervisory and regu-
latory authority over the Internal operations
of the executive branch. By issuing the
proper Executive or administrative order he
exercises this power of direction and super-
vision over his subordinates in the discharge
of their duties. He thus "takes care" that the
laws are being faithfully executed by those
acting In his behalf: and in the instant case
the pertinent laws would Involve espionage,
sabotage, and related statutes, should such
Presidential authority not be predicated
upon statutory authority or direction." '-
The 1957 Commission report did not ex-
plicitly spell out the right of Congress to
make laws affecting the classification system.
However, recognition of this right v.as im-
plicit in the Commission's conclusion that
"In the absence of any law to the contrary,
there Is an adequate ■constitutional and
statutory basis upon which to predicate the
Presidential authority to issue Executive
Order 10501," " and in the citation of various
statutes as affording a basis upon which to
Justify the issuance of the order.
Among the provisions of Article I of the
Constitution wliich mi'iht bv -cited a.s giving
Coiigress powers to legislate in this field
\-.ould be the following: Section 1. "All legis-
lative powers herein granted shall be vested
In a Congress of the United States . . .;"
Section 8. "The Coiigress shall have power
to . . . provide fcr the common defense and
ge leral welfare of the United States; ... to
)94
CONGRESSIONAL RECORD — SENATE
January 9, 1973
nake rules for the government and regiUa-
ion of the iand and naval forces; .. . . and
o make all larxs which shall be necessary and
jroper for carrying Into execution the fore-
;oing powers, and all other powers vested by
his Constitution In the Government of the
Jnlted States, or In any Department or Of-
icer thereof."
2. "Housekeeping" Act Prior to 1958
Amendment
Pi-lor to 1958. 5 U.S.C. 22, now 5 U.S.C.
101, .sometimes called the "Housekeeping"
I kct, was frequently cited as .lustlfying a sys-
em for withholding information on the
)asi3 of a security classification system. This
vas thf first and earliest statute cited by
he 1937 commission as at that time pro-
'iding a basis for Executive Order 10501.
This statute had been enacted in 1789 with
he process of providing the authority for
;overnment officials to set up offices and file
locuments." As early as 1877 and numerous
Imea since then Section 22 of Title 5 of the
T.S. code had been cited as authority to re-
: «ise information sought from the govern-
nent." However, in 1958 the housekeeping
I tatute was amended by P.L. 85-619 to specify
hat It did "not authorize wlthliolding Infor-
1 nation from the public or limiting the avall-
ibllity of records to the public." The,De-
] lartmeht of State 1970 memorandum pointed
(ut thft since the 1958 amendment this
< tatute Jwas no longer relevant to the Justl-
iLcatlonlof classification. It is mentioned in
I his report as a matter of historical Interest
i,nd to note the legislation of 1951 specify-
ing that it should not be used as authority
lor withholding Information.
3. Espionage Laws
Perhaps the statutes now most frequently
( ited for Justification of the security classl-
1. cation of information are the espionage
1 iws generally. The 1957 Commission cited
1 he espionage laws second only to the house-
1 eeping statute discussed above. It said:
"The espionage laws have imposed upon
t he President a study to make determinations
I ?specting the dissemination of information
laving a relationship to the national de-
l»nse. For example. 18 U.S.C. 795(a) pro-
\ Ides that "Whenever In the interests of na-
t ional defense, the President defines certain
\ ual military and naval installations or
e quipment as requiring protection against
the general dissemination of information
I ?lative thereto, it shall be unlawful to make
Eny photograph, sketch, picture. . . . etc."
J roceedlng under this statute the President
1 isued txecutive Order 10104 which covers
l:iforma!tlon clEissified by the agencies of the
I illitBkry establishments.
"In 18 U.S.C. 798 there Is specific reference ■
t D the unauthorized disclosure of 'classified
1 xfonnatlon' pertaining to the crjrptographic
s nd -communication systems and facilities.
I 'urthermore. the term 'classified informa-
tion' is defined as Information which for
I ?asons of national security has been spe-
( iflcally designated by the proper govern-
iient atency for limited or restrictive dis-
3?minatlon or distribution." '^
It might be questioned whether the first
{ rovisioh mentioned above Is a basis on
\ :hich to issue an executive order covering
c lassiftcitlon by non-defense agencies since
1 ; relatds to Information pertaining to tltal
rillltary and naval installations and has
slready been used to justify Executive Order
10104 on military information classified by
t ne military departments.
The second provision mentioned, section
7 38. does refer to classified Information, thus
acknowledging Its existence. However. It pro-
vides penalties only for actions relating to
c jmmuiiications Intelligence and cryptog-
r iphy. specifying four specific categories of
c asslfie'l information: (1) concerning the
nature «t preparation of codes: (2) concern-
1 ig the apparatus used for cryptographic or
Footnotes at end of article.
communication intelligence purposes; (3)
concerning the communication Intelligence
activities; or (4) obtained by -the process of
communication intelligence from the for-
eign government, with knowledge that it was
so obtained. Moreover, this section which
was added by Public Law 248 of October 31,
1951, makes it clear that its objective Is to
prevent the use of classified Information re-
lating to communication Intelligence activi-
ties in a manner prejudicial to the safety of
the United States, and not to prevent con-
gressional access to it. Sec. 798(c) states:
"Nothing In this section shall prohibit the
furnishing, upon lawful demand, of Infor-
mation to any regularly constituted com-
mittee of the Senate or House of Represent-
atives of the United States of America, or
joint committee thereof." -^
Executive Order 10501 itself does not refer
to Section 795 or 798 but Instead refers to
Sections 793 and 794 of Title 18 U.S.C. Sec-
tion 5( j) of Executive Order 10501 states that
when classified material affecting defense is
furnished to persons outside the executive
branch, the material should carry the state-
ment, whenever practicable, "This material
contains Information affecting the national
defense of the United States within the
meaning of the espionage laws. Title 18,
use. Sections 793 and 794. the transmis-
sion or revelation of which in any manner to
an unauthorized person Is prohibited by
law." -■
Section 793, "Gathering, transmitting or
losing defense Information." provides penal-
ties of a fine or Imprisonment for (a) going
Into defense Installations or In other ways
obtaining information "respecting the na-
tional defense with intent or reason to believe
that the Information Is to be used to the In-
jury of the United States, or to the advantage
of any foreign nation"; (b) copying or ob-
taining sketches, documents, or anything
connected with the national defense; (c) re-
ceiving or obtaining from any source any
document, writing, or anything connected
with the national defense, knowing that it
has been obtained contrary to the provisions
of that chapter of law, (d) wilfully trans-
mitting to a person not entitled to receive It
a document, etc., which a person either law-
fully or without authorization possesses and
has reason to believe could be used to the In-
jury- of the United States or the advantage
of a foreign nation; or (e) when entrusted
with any document or information relating to
the national defense "through gross negli-
gence" permitting It to be removed from Its
proper place "or to be lost, stolen, abstracted,
or destroyed" or falling to report such loss,
^heft, abstraction, or destruction.
Section 794 provides for Imprisonment or
the death penalty for (a) communicating or
transmitting a document or Information re-
lating to the national defense to any foreign
government, faction, citizen, etc. "with Intent
or reason to believe that it is to be used to
the injury of the United States or to the ad-
vantage of a foreign nation"; or (b) "In time
of war, with Intent that the same shall be
communicated to the enemy." collecting,
publishing, communicating, or'attemptlng to
elicit any Information with respect to the
movement, numbers, or disposition of armed
forces, ships, aircraft, or war materials or
military operation plans or defenses "or any
other Information relating to the public de-
fense, which might be useful to the enemy."
In 1953 the provisions of this section In addi-
tion to coming Into effect In time of war were
extended to remain "in full force and effect
until six months after the termination of the
national emergency proclaimed by the Presi-
dent on December 16. 1950 or such earlier
date as may be prescribed by concurrent reso-
lution of the Congress." ^
The espionage laws may make It sensible
to have some kind of system for marking In-
formation which It would be a crime to
transmit, but history does not Indicate that
the classification system developed directly
from the Espionage Act of 1917 or that the
Espionage Act was Intended to authorize
such a system. One student of the history of
classification has observed :
"There Is no Indication at this time [In
1917] that difficulties could arise in enforc-
ing the Espionage Act if otflcial Information
relating to the national defense was not
marked as such. Insofar as it was intended to
be protected from unauthorized dissemina-
tion. Violation of the first three subsections
of Section I, Title I, of the act depended
upon Intent, but violation of the other two
subsections depended in the one case on
material relating to the national defense
having been turned over to someone "not
entitled to receive it" and In the other case
on such material having been lost or com-
promised through "gross negligence." Since
the expression "relating to the national de-
fense" was nowhere defined, the posslbOlty
of the public being permitted to have any
knowledge whatever relating to the national
defense, even the fact that Congress has
passed certain legislation relating thereto,
depended on application of the expressions
"not entitled to receive it" and "gross neg-
ligence."
"In any prosecution for violation of either
of the last two subsections the burden of
proving that one or the other key expressions
had application in the case would rest on
the prosecution, and proof would be difficult
unless clear evidence could be adduced that
authority had communicated Its intention
that the specific material Involved should be
protected or unless that material was of
such a nature that common sense would
Indicate that it should be protected. For
purposes of administering these two subsec-
tions of the Espionage Act the marking of
defense information that is to be protected is
almost essential, and its marking can also
be of great assistance for purposes of ad-
ministering the preceding three subsections.
"It would be logical to suppose that the
markings of defense Information began out
of the legal necessities for administering the
Espionage Act, but the Indications are that
such was not the case. The establishment of
three grades of official Information to be
protected by markings was apparently some-
thing copied from the A.E.F., which had
borrowed the use of such markings from the
French and British." ^
It apparently was not vintil 1935 that the
link between classification the espionage act
was made. Then, under the army regulation
of February 12, 1935, It was specified that
material on projects with restricted status
would be marked: "Restricted: Notice — this
document contains information affecting the
national defense of the United States within
the meaning of the Espionage Act (U.S.C.
50:31, 32). The transmission of this docu-
ment or the revelation of its contents In any
manner to any unauthorized person Is pro-
hibited." ='
4. National Security Act
The 1957 Commission on Government
Security report, referred to by the State
Department In 1970 as citing the legal basis
for a classification system, described the Na-
tional Security Act of 1947 as the "most
significant legislation, which set into motion
the current document classification pro-
grams." It said:
"The most significant legislation, which
set Into motion the current document clas-
sification program, was enacted In 1947, when
the Congress passed the National Security
Act In order to provide an adequate and
comprehensive program designed to protect
the future security of our country. To accom-
plish this avowed purpose the act pro-
vided for the creation of a National Security
Council within the executive branch sub-
ject to Presidential direction. Its Job is to
consider and to make appropriate recom-
mendations to the President. Within the
January P, 1973
CONGRESSIONAL RE(!t)RD — SENATE
595
framework of this program, the Interdepart-
mental Committee on Internal Security
(ICIS» came into being, and the activity of
this committee was responsible for the Issu-
ance in 1951 of Executive Order 10290, which
established the original document classifica-
tion program. Thus It would apjjear that a
document classification program Is within
the scope of the activities sought to be co-
ordinated by the National Security Act of
1947, and that the Issuance of an appropriate
Executive order establishing such a program
Is consistent with the policy of the act." =••
As has been pointed out, the roots clas-
siflcatlon systems within Individual Depart-
ments go back many years before the Na-
tional Security Act was passed. However, ef-
forts made after the National Security Act
appear to have led to the new govermnent-
wide directive on classification which was
embodied in Executive Order 10290. Coordina-
tion of classification systems in the military
department had already been provided to
some degree in Executive Order 8381 which
was superseded by Executive Order 10104.
The Conunlsslon on Government Security
contended that the National Security Act
"set into motion" the current classification
program; that the classification program "Is
within the scope of the activities sought to
be coordinated by the National Security Act
of 1947"; and that "the issuance of an appro.
priate Executive order establishing such
a program Is consistent with the policy of
tiie act."*' It did not contend that the Na-
tional Security Act actually authorized the
system.
One authorization which was made by the
National Security Act Is pertinent, however.
After establishing the Central Intelligence
Agency and giving It the purpose of coordi-
nating intelligence activities, the National
Security Act provided that the Director of
Central Intelligence "shall be responsible for
protecting Intelligence sources and methods
from unauthorized disclosure." ^ This would
appear to provide adequate authorization for
a system to provide adequate authorization
for a system of protection of certain types of
Information, namely intelligence sources and
methods.
5. Internal Security Act
The final statute cited by the 1957 Com-
mission on Government Security under the
assertion that "various statutes do afford a
basis upon which to Justify the Issuance" of
Executive Order 10501 was the Internal Se-
curity Act of 1950. The Commission report
stated:
"Prior to issuance of Executive Order 10290,
Congress had apparently recognized the
existing Presidential authority to classify in-
formation within the executive branch when
it passed the Internal Security Act of 1950.
Contained therein were provisions defining
two new criminal offenses involving classi-
fied information.
"Section 4(b) of the act makes It a crime
for any Federal officer or employee to give
security Information classified by the Presi-
dent, or by the head of any department,
agency, or corporation with the approval of
the President, to any foreign agent or mem-
ber of a Communist organization, and section
4lc) makes it a crime for any foreign agent
or member of a Communist organization to
receive such classified security information
from a Federal employee." =»
Section 4(b) of the Internal Security Act
states;
"It shall be unlawful for any officer or em-
ployee of the United States or of any depart-
ment or agency thereof, or of any corpora-
tion the stock of which is owned in whole or
In major part by the United States or any
department or agency thereof, to com-
municate in any manner or by any means,
to any other person whom such officer or em-
ployee knows or has reason to believe to be
Footnotes at end of article.
an agent or representative of any foreign
government or an officer or member of any
Communist organization as defined In para-
graph (5) of section 782 of this title, any
information of a kind which shall have been
classified by the President (or by the head
of any such department, agency, or corpora-
tion with the approval of the President) as
affecting the security of the United States,
knowing or having reason to know that such
Information has been so classified, unless
such officer or employee shall have been
specifically authorized by the President, or
by the head of the department, agency, or
corporation by which this officer or employee
is employed, to make such disclosure of such
information." ^
This provision of the Internal Security
Act appears to come the closest to sanction-
ing a system for the classification of infor-
mation "as affecting the security of the
United States" rather than the narrower con-
cept of "relating to the national defense" or
the still narrower categories of cryptographic
or Intelligence information.
There has been one case In which a for-
eign service officer convicted under this pro-
vision appealed his case and the Court of
Appeals, in affirming the verdict, held that
under the statute and Executive Order 10501
an Ambassador did have authority to clas-
sify foreign service dispatches and the dis-
patches as classified and certified by him were
within the scope of the statute. Moreover, it
held that In prosecution of the officer for
communication of classified Information to a
foreign government, the government was not
required to prove that the documents In-
volved were properly classified "as affecting
the security of the United States." "
6. Atomic Energy Act
In addition to the above statutes listed by
the 1957 Commission on Government Secu-
rity, the Department of State memorandimi
of 1970 said "there are other statutory pro-
visions that contemplate and assume a sys-
tem of classification of Information." 3' The
first example it cites is section 142 of the
Atomic Energy Act of 1954 (42 U.S.C. section
2162(c)). The entire Chapter 12 of the act
(Sections 141 through 146) is on the control
of Information with section 142 providing for
the classification and declassification of "Re-
stricted Data."
"Restricted Data" is defined In the Atomic
Energy Act as follows:
"The term 'Restricted Data' means all data
concerning (1) design, manufacture, or uti-
lization of atomic weapons; (2) the produc-
tion of special nuclear material; or (3) the
use of special nuclear material in the pro-
duction of energy, but shall not Include data
declassified or removed from the Restricted
Data category pursuant to section 142." "
Section 142 requires that the Atomic
Energy Commission from time to time de-
termine the data within the definition of
Restricted Data which can be published
"without undue risk to the common defense
and security and shall thereupon cause such
data to be declassified and removed from the
category of Restricted Data."
With "Restricted Data" so defined as to
Include all data in certain categories. Sec.
142 proceeds on the assumption that all In-
formation In these categories is classified
"Restricted Data" and is concerned mainly
with setting up procedures for declassifying
Information in these categories. It requires
that the Atomic Energy Commission from
time to time determine the data within the
definition of Restricted Data which can be
published "without undue risk to the com-
mon defense and security and shall there-
upon cause such data to be declassified and
removed from the category of Restricted
Data." It provides that in "the case of Re-
stricted Data which the Commission deter-
mines Jointly with the Department of De-
fense to be related primarily to^he military
utilization of atomic weapons, the determi-
nation that It could be published is to be
made jointly by the Commission and the
Department of Defense, with the President
deciding in case of disagreement.
In Section 142 the Atomic Energy Act also
recognizes the existence of "defense Informa-
tion" and Intelligence information. Giving
recognition to "defense information" Sec-
tion 142d states:
"The Commission shall remove from the
Restricted Data category such data as the
Commission and the Department of Deiense
Jointly detern.ine relates primarily to the
military utilization of atomic weapons and
which the Commission and Department of
Defense Jointly determine can be adequately
safeguarded as defense Information: Pro-
lided, however. That no such data so re-
moved from the Restricted Data category
shall be transmitted or otherwise made avail-,
able to any nation or regional defense orga-
nization, while such data remains defense
Information, except pursuant to an agree-
ment for cooperation entered Into in accord-
ance with subsection 144b." '-■•
Giving recognition to Intelligence Informa-
tion and Its treatment as "defense Informa-
tion" Section 142e. states:
"The Commission shall remove from the
Restricted Data category such Information
concerning the atomic energy programs of
other nations as the Commission and the
Director of Central Intelligence Jointly deter-
mine to be necessary to carry out the provi-
sions of section 102(d) of the National Secu-
rity Act of 1947, as amended, and can be ade-
quately safeguarded as defense Informa-
tion." a*
The act provided a channel for transmit-
ting information to Congress rather than a
barrier, however. It established the Joint
Committee on Atomic Energy (sec. 201), re-
quired that the Atomic Energy Commission
and the Department of Defense keep the
Joint Committee fully and currently In-
formed on matters relating to development
and application of atomic energy and re-
quired that any government agency furnish
any information requested by the Joint Com-
mittee relating to its responsibilities In the
field of atomic energy (sec. 202) , and author-
ized the Joint Committee to "classify infor-
mation originating within the committee In
accordance with standards used generally by
the executive branch for classifying Re-
stricted Data or defense information" (sec,
206).
7. Freedom of Information Act Amending the
Administrative Procedure Act
The second example the 1970 State De-
partment memorandum cited of a statutory
provision which assumed a system of classi-
fication was the Freedom of Information Act
(P.L. 89-487, approved July 4, 1966). The
Freedom of Informatlori Act was an amend-
ment and rewriting of Section 3 of the Ad-
ministrative Procedure Act which had been
pas-sed In 1946. Both the original act and
the amendment dealt with disclosure of In-
formation by Federal agencies, requiring
them to publish procedures In the Federal
Register and make available to the public
final opinions, staff manuals and Instruc-
tions, and statements of policy.
However the 1946 provisions had permit-
ted material "required for good cause to be
held confidential" to be withheld from dis-
closure. This had provided a loophole which
Congress attempted to close in the 1966
Freedom of Information by exempting from
its provision only nine specific kinds of in-
formation. The first of these exceptions was
for matters "specifically required by Execu-
tive order to be kept secret in the Interest
of the national defense or foreign policy."
Accordingly, although the Freedom of In-,
formation Act was designed to make more
government Information available, it did not
apply to classified information and even
could be used, as It was by the State Depart-
ment In 1970. as an example of a statutory
596
I
CONGRESSIONAL RECORD — SENATE
January 9, 1973
provreion that contemplated and assumed
a sysiem of security classification.
WliUe the exceptions In the Freedom of
Information Act may permit withholding in-
formation from the public on grounds that
it needs to be held secret in the Interest of
national defense and foreign policy, how-
ever JS they clearly do not apply to Congress.
Section 3(f) states;
CXJ, Limitation of Exemptions —
•'N'jthing in this section authorizes with-
holding of information or limiting the avail-
ability of records to the public exca|)t as
specillcally stated in this section, nor shall
this section be authority to withhold Infor-
matipn from Congress."'-"
K,. Legislation on Foreign Relations
ThS Department of State 1970 memoran-
dum did not mention any other legislation
on foreign relations. However, there are
somei provisions in legislation directly re-
lating to foreign affairs which also might be
said ^o assume a system of classification or In
effec^ sanction the withholding of some in-
formation of the grounds of national secu-
rity.
One example is the Horeign Assistance Act
of 1£^1. as amended. Sejction 634(b) provides
that ^n the annual redort on operations re-
quired and in respoose to requests from
Members of Congress 'or the public the Presi-
dent ;shall "make public all information con-
cerning operations under this Act not deemed
by h^m to be Incompatible with the security
of the United States." This section would
provide a basis for the President not to make
public certain information concerning aid
operations. Tlie next section. 634(c) . in effect
limits any material which might be withheld
from- Congress to that which the President
certiies he has forbidden furnishing with
his reasons for doing so. Otherwise, funds
are to be cut off if information or documents
are npt furnished by thirty-five days after a
written request has been made by the Gen.-
eral Accounting Office or by a congressional
comrilttee considering legislation or appro-
priations for the program.
Sedtlon 414 on munitions control of the
Mutual Security Act of 1954. as amended,
authorized the President to control the ex-
port and Import of arms and technical data
relating thereto. It also authorized him "to
desigpate those articles which shall be con-
sidered as arms, ammunition, and implements
of w^r. Including technical data relating
thereto, for the purposes of this section." -^
Th^ Arms Control and Disarmament Act of
1961. as amended, assumes a system of Classi-
fication in Sec. 45 on Security Requirements.
Section 45(a) provides for Investigations of
all employees and states:
"No person shall be permitted to enter on
duty as such as officer, employee, consultant,
or member of advisorj- committee or board,
or pursuant to any such detail, and no con-
tractor or subcontractor, or officer or em-
ployee thereof shall be permitted to have ac-
cess to any classified information, until he
shall; have been Investigated In accordance
with ^hls subsection. ..."
Se<|tlon 45(b) states:
". .J The Director may also grant access
for Ihformatlon classified no higher than
"conndential" to contractors or subcontrac-
tors and their officers and employees, actual
or pr(ispectlve. on the basis of reports on less
than full-field Investigations: Provided, That
su'~h investigations shall each include a cur-
rent ^latlonal agency check."
Sedtlon 45(c) discusses access to Restricted
Data under the Atomic Energy Commission.
Through legislation such as this Congress
has on occasion given recognition to the
classification system although it has madp
no overall attempt to regulate It. To this ex-
tent ft has sanctioned keeping Information
secrec In the interest of national defen.se or
foreign policy. At the same time, however, on
Footnotes at end of article.
a number of occasions (particularly the "dis-
closure of classified Information" legislation
relating to cryptographic Intelligence passed
In 1951, and the Freedom of Information Act
of 1966), Congress has made clear Its inten-
tion that provisions to keep security Infor-
mation secret were not to constitute author-
ity to withhold Information from Congress,
m. THE CLASSIFICATION SYSTEM IN PRACTICE
EXECUTIVE ORDER 10501 AND AGENCY REGULA-
TIONS
A. Handl-ng defense information
Executive Order 10501 of December 15,
1953. "Safeguarding Official Information in
the Interests of the Defense of the United
States," is the basic regulation describing
the security classification system to be ap-
plied to Information bearing on the defense
of the United States. The order, as subse-
quently amended. Is quite comprehensive,
setting forth guidelines for such matters as
( 1 ) material to be classified and categories of
classification (i.e., Top Secret. Secret, etc).
(2) agencies and officials authorized <o clas-
sify, (3) use of classification, (4) handling,
marking, transmittal and destruction of clas-
sified material. (5) downgrading and declas-
sifying, (6) access to classified material for
historical research, and (7) enforcement
procedures. For the purposes of this paper, it
may be useful to look into some of these
points more closely.
1. Categories of Classified Material
Section 1 of the order provides that "offi-
cial Information which requires protection
In the Interests of national defense shall
be limited to three categories of classifica-
tion, which In descending order of Impor-
tance shall carry one of the following desig-
nations: Top Secret, Secret, or Confidential.
No other designation shall be used to classify
defense Information, Including military in-
formation, as requiring protection In the
Interests of national defense, except as ex-
pressly provided by statute."
These three categories are defined as fol-
lows :
(a) Top Secret. — Material the defense as-
pect of which Is paramount and requiring
the highest degree of protection. Unauthor-
ized disclosure could result in "exception-
ally grave damage to the Nation, such as
leading to a definite break In diplomatic
relations affecting the defense of the United
States, are armad attack against the United
States or Its allies, a war, or the compromise
of military or defense plans, or Intelligence
operations, or scientific or technological de-
velopments vital to the national defense."
(b) Secret. — "Material the unauthorized
disclosure of which could result In serious
damage to the Nation, such as Jeopardizing
the international relations of the United
States, endangering the effectiveness of a
pi-ogram or policy of vital Importance to the
national defense, or compromising Important
military or defense plans, scientific or tech-
nological developments Important to national
defense or Information revealing Important
intelligence operations."
(c) Ccnf.d"ntial. — "Material the authorized
diiclosure of which could be prejudical to the
defense interests of the Nation."
2. Authority to Classify
The order specifies over thirty federal de-
partments and agencies, such as State.^- De-
fense, CIA, etc.. "having primary respon-
r-lbility for matters pertaining to national
defense" In which the authority to classify
may be delegated to such responsible officers
or employees as the principal officer may
designate. Howev?r. "such authority to clas-
sify shall be limited as severely as is con-
sistent with the orderly and expeditious
transaction of government business."
The order also names several other depart-
ments, such as Interior, Agriculture, and
HEW, whose concern with national defense
matters Is "partial" rather than primary. In
these cases, "the authority for original clas-
sification of information or material
shall be exercised only by the bead of thp
department or agency . . ." Government
agencies or units not specifically named do
not have the authority to originate classified
material. (Section 2)
3. Guidelines for Classification
Those authorized to classify material are
responsible for adhering to the definitions
of the three categories listed above. "Unnec-
essary classification and over-classification
shall be scrupulously avoided", and the clas-
sification of documents is to be based upon
their content, not their relationship to other
papers or the fact that they contain refer-
ences to highly classified material. (Section
3)
4. Declassification and Downgrading
Classified material is to be downgraded or
declassified when it "no longer requires its
present level cf protection in the defense in-
terest . , , Heads of departments or agencies
. , , shall designate persons to be responsible
for continuing review of such classified in-
formation or material on a document-by-doc-
unient, category, project, program or other
systematic basis, for the purpose of decla.ssl-
fylng or downgrading whenever national de-
fense considerations permit, and for receiv-
ing requests for such review from all sources,"
To gi.e greater effect to this provision, a
system was Instituted in 1961 which pro-
vided for automatic downgrading of certain
material at 3-year intervals. The system
called for drafting officers to categorize clas-
sified material into groups as follows:
Group 1. — Information or material orig-
inated by foreign governments or interna-
tional organizations and over which the
United States Government has no Jurisdic-
tion, information or material provided for
by statutes such as the Atomic Energy Act
. . . and Information or material requiring
special handling, such as intelligence and
cryptography. This information and material
is excluded from automatic downgrading and
declassification.
Group 2. — Extremely sensitive information
or material which the head of the agency
or his designees exempt, on an individual
basis, from automatic downgrading and de-
classification.
Group 3. — Information or material which
warrants some degree of classification for an
indefinite period. Such information or ma-
terial shall become automatically down-
graded at 12-year intervals until the lowest
classification is reached, but shall not be-
come automatically declassified.
Group 4.— Information or material which
does not qualify for, or is not assigned to, one
of the first three groups. Such information
or material shall become automatically down-
graded at three-year inten-als until the
lowest classification is reached, and shall
be automatically decla.ssified twelve years
after date of issuance.
There Is, of course, no bar to dow^rading
or declassifying more rapidly if circumstances
warrant, but each such action requires the
approval of the "appropriate classifying au-
thority," i,e.. the person or office originatiig
the document in question. The downgrading
of extracts from or paraphrases of documents
also requires the consent of the appropriate
classifying authority "unless the agency
making such extracts knows positively that
they warrant a classification lower than that
or the documents from which extracted. . . ."
(Section 4)
5. Limitations on Dissemination
There are two basic requirements for access
to classified Information: the need-to-know
and personal security clearance or proof of
trustworthiness. The Executive Order covers
both points in a single sentence:
Knowledge or possession of classified de-
fense information shall be permitted only t^
persons whose official duties require such
^
January 9, 1973
CONGRESSIONAL RECORD — SENATE
597
access in the interest of promoting national
defense and only if they have been deter-
mined to be trustworthy."
Distribution of classified material Is strictly
controlled, and rigid accountability Is re-
quired, especially for the more highlv classi-
fied documents and materials. Ftirthermore,
each agency retains ultimate control over the
dissemination of all such material originating
in that agency. Thus, the State Department
cannot release to other agencies or to the
Congress material originating in the Defense
Department without prior approval by the
latter. This is the so-called third agency rule,
which has on occasion contrlbtited to dif-
ficulties and delays in providing classified
materials to the Congress.''"
6. Special Classifications for Atomic Energy,
Intelligence and Crytographic Informa-
tion
The Atomic Energy Act of 1954, as amended,
established special requirements for the
classification of information on nuclear
weapons and their technology. Such informa-
tion is classified as "Restricted Data" and,
more recently, "Former Restricted Data," and
a special clearance, known as a "Q" clear-
ance. Is required by the AEG for access to this
information. The Intelligence community
likewise has special designations and specal
clearance for certan intelligence informa-
ton in order to protect sensitive sources, and
communications people protect their codes by
extra security precautions iCOMSEC) as
well.-' These special categories are acknowl-
edged by the terms of Eixecutive Order 10501.
(Section 13)
7. Historical Research
Access to classified material by persons out-
.slde the Executive Branch for historical re-
search projects may be permitted if the
researcher is trustworthy and if such access
Is "clearly consistent with the Interests of
national defense." But the material must not
be published or otherwise compromised.
(Section 15)
8. Review
The order requires various types of review
to ensure (a) that information is not im-
properly withheld which the people have a
right to know, (b^ that proper safeguards are
employed to protect classified information,
anci (c) that agencies are in full compliance
with the order. The President Is charged with
designating "a member of his staff who shall
receive, consider and take action upon sug-
gestions or complaints from non-Govern-
mental sources relating to the operation of
thU Order." (Sections 16-18)
fl. Information provided to contractors and
industry
Executive Order 10501 applies also to infor-
mation given to the Congress or to private
persons outside the Executive Branch. In
such cases, the material must be marked with
the following notation In addition to its se-
curity classification :
"This material contains Information effect-
ing the national defense of the United States
within the meaning of the espionage laws.
Title 18, U.S.C, Sections 793, and 794, the
transmission or revelation of, which in any
manner to an unauthorized person is pro-
hibited by law." *"
Such releases cannot be made to persons
who have not been cleared and briefed follow-
ing security investigation. In this connection.
President Eisenhower in Februarv 1960 issued
Executive Order No. 10865, "Safeguarding
Classified Information within Industry." The
latter, In effect, defines Executive Order 10501
In terms of non-governmental application. It
establishes the rules for granting security
clearances to civilians and the means of re-
dress should clearance be denied. Once grant-
ed clearance, a person outside of government
Is required to observe the same rules for the
protection of classified material as his mill-
Footnotes at end of article.
tary or federally-employed counterpart, and
this Includes Individuals working with clas-
sified material in both the "hardware" and
"software" organizations. An example of the
former would be information provided to
such government contractors as General
Electric and Westlnghouse by the Atomic
Energy Commission. An example of the lat-
ter would be government documents provided
to RAND or other contractors doing research
for the government. This has led to a sub-
stantial diffusion of classified Information.
One commentator on government classifica-
tion practices noted that:
■The inexorable advance of the technology
of war generates classified documents by the
millions. One expert made the estimate fotir
years ago that there were. In the defense In-
dustry, something like 100 million documents
classified Top Secret and Secret." "
But It has also led to some difficulties.
Scientific developments that emanate from
ch^.sslfied data may sometimes be classified if
bearing directly on Important defense pro-
grams. Furthermore, certain developments
that have their origins in unclassified data
i.iay be classified as well. For example, the
iVEC proposed that all new developments In
the purification of weapons grade radio-
active materials be subject to review by the
Commission, no matter what the source of
these developments. The Commission justi-
fied its actions on grounds of national secu-
rity.
"Unless there are controls on the di.ssemi-
nation of classified information concerning
atomic weapons and concerning centrifuges
and gaseous diffusion plants (which can be
used for the production of the special nu-
clear material used in weapons), the efficacy
of all non-proliferation efforts Is serlotisly
weakened. In this light, the question of
whether that data are developed for private
commercial purposes or pursuant to a Gov-
ernment contract Is irrelevant — it is the con-
tent of the data which necessitates the con-
rol." "
This type of control, however. Is difficult
to administer. Assuming that American sci-
entists recognize and abide by these require-
ments, the writ of the United States does
not extend to other scientificallv modern
nations. Indeed, three European nations
(England, Germany and the Netherlands)
have formed subsequently a consortium to
develop gas centrifuge technology.''
The State Department usually do°s not
deal in scientific hardware. Rather its classi-
fied materials are concerned with the conduct
of foreign policy." As in the case of other
government agencies, studies performed by
outside contractors are review ed by relevant
desk officers to ensure that all classified in-
formation is so marked. Often .specifically
"sanitized" versions are prepared for dls-
r,emination on an unclassified basis.
C. Foreign policy information
The security regulations issued by the De-
partment of S'ate and other agencies con-
cerned with foreign policy (e.g.. USIA. AID,
and ACDA) take a somewhat broader view
of "def?nse Information." extending it to
include international op°rations and pro-
grains as well. According to the State Depart-
mer-t regulations:
"The Attorney General of the United States
on Aoril 17, 1954, advised that defense
classification may be interpretad. in proper
instances, to include the safeguarding of
information and material developed in the
course of conduct of foreign relations of the
United States where'er it appears that the
effect of the unauthorized disclosure of such
information or material upon International
relations or upon policies being pursued
through diplomatic channels could result in
serious damage to the Nation. The Attorney
General further noted that it Is a fact that
there exists an interrelation between the
foreign relations of the United States and
the national defense of the United States,
which fact is recognized lu section 1." «^
State's regulation goes on to cite examples.
Including the following:
"Political and economic reports containing
ialormatlon the unauthorized d:sclo.sure of
which may Jeopardize the lnter:i.ational rela-
tions of the United States or may otherwise
affect the national defense.
"Information received In co^fido'iee from
officials of a foreig'i government \\hci;ever it
appears thr.t the brrach of such confidence
might have serious consequence:', iffecting
the national defcn.se or foreign relation.!."
The rules and regulations applicable to
defense information acknowledge the need
to establish a balance between the protection
of such material and freedoms of information.
The State Department's security regulations
ill Implementation of Executive Order 10501
include the following caveat:
"The requirement to safeguard informa-
tion in the national defcise interest and In
order to protect sources of privileged infor-
mation In no way implies an indiscriminate
license to restrict information from the pub-
lic. It Is Important that the citizens of the
United States have the fullest possible ac-
cess, consistent with security and i'-.tegrlty,
to information concerning the policies and
programs of their Government." "
D. Handling of controlled information by
executive brancli
1. Limiting the Distribution of Sensitive
Material
The application of a security classification
to papers and materials Is not the only
method by which government agencies safe-
guard sensitive Information. In some re-
spects an even more effective method is to
limit drastically the distribution of a par-
ticular document. Distribution of telegrams
concerning the arrangements for Dr. Kissin-
ger's secret visit to Communist China, for
example, must have been so limited in num-
ber that only a few Cabinet members and a
very select group of key officials in State.
Defense, and CIA were privy to the operation.
A government-wide system governs the
distribution of telegrams, staff studies, and
memoranda of conversion. Those papers
deemed to require something less than stand-
ard distribution are marked "LIMDIS" (lim-
ited distribution) by the draft officers. In
such cases, the number of copies circulated is
reduced by perhaps 50 percent, with all In-
terested bureau offices taking a proportion-
ate reduction.
In the case of exceptionally sensitive mat-
ters, the material Is designated "EXDIS"
(exclusive distribution), and the number of
copies is curtailed much more drastically to,
say, one or two copies for each assistant sec-
retary of State and Defense with a legitimate
need to know. Key staff members are allowed
to read but not retain EXDIS messages,
which are kept in a central registry within
each geographic or functional bureau.
But the Kissinger trip must have re-
ceived even more restricted treatment. In
this case the documents would have been
"NODIS," meaning, of course, no distribu-
tion beyond the principal officer or an agency
or department with a need to know.
Highly classified documents are generally
given rather lim.lted distribution but no
higher than SECRET, The most sensitive
documents, including all Top Secret and
all NODIS and EXDIS material, are serial-
ized, le., each copy Is numbered and must
be registered and accounted for at all times,
including when destroyed. The very process
of serializing requires the originating office
to exercise care and restraint in drawing up
a list of those to whom the material is to
be sent.
2. Administratively Controlled Information
Some types of information are controlled
not in the Interests of national defense but
for administrative reasons. Thus', personnel
records, medical repyorts, commercial and In-
vestigative data are considered privileged In-
formation and treated as confidential. In the
Defense Department this type of material Is
598
CONGRESSIONAL RECORD — SENATE
January 9, 1973
marked "For Official Use Only"; In State It
Is designated '•Limited Official Use." In either
case,: although the material Is "non-classl-
fled,'! I.e., not related to the national defense, ,
It Is projected from indiscriminate disclosure.
I E. Compliance with regulations
\ t. Overprotectlon
In actual practice, however, there Is wi^e
agregment that the great bulk of defense
material Is usually overprotected — too highly
classified for too long a time. Arthur Gold-
berg, former Ambassador to the U.N., recently
had this to say to the House Foreign Opera-
tions and Government Information Subcom-
mitt4e;
"I ]do not mean to suggest to this Com-
mittee, which has given thoughtful con-
sideration to this entire subject, that the
government does not require secrecy in the
copduct of Its vital operations, that each
dayVcollectlon of confidential messages with
foreign governments should be broadcast on
the six o'clock news, or that the engineering
details of advanced weapons systems must be
published In the Congressional Record.
k • « • ' *
"Anyone who has ever served our govern-
ment has struggled with the problem of
cljfesljfylng documents to protect national
security and delicate diplomatic confidence.
I would be less than candid If I did not say
that our present classification system does'
not deal adequately with this problem de-
spltei^the significant advances made under
the leadership of the Committee and Con-
gress In the Freedom of Information Act of
1966. I have read and prepaj-ed countless
thousands of classified documents and par-
ticipated In classifying some of them. In my
experience, 75 percent of these never should
have been classified in the first place; an-
othcrj 15 percent quickly outlived the need
for secrecy: and only about ten percent gen-
uinely required restricted access over any
significant period of time." '■
For obvious reasons there are strong in-
centives for staff officers to err on the side of
over-classifying material on which they are
working. There are no penalties for this,
whereas the penalties for violating security
repiilatlon.s. even inadvertently, can be severe '
and costly in terms of career prospects, espe-
cially if one has a series of such offenses.
Very often material is classified or overclas-
sified largely through Inadvertence or failure
to apply critical Judgment. Mr. William G.
Florehce, formerly with Headquarters. U.S.
Air Force, had this to say to the House Sub-
committee:
"The majority of people with whom 1
worked in the past few years reflected the
belief that information is born classified and
that declassification would be permitted
only if someone could show that the infor-
mal lojn would not be of Interest to a foreign
nation." *"
Florence also referred to the practice of
assigning a classification to material merely
on the basis of association or reference to
other classified material:
"Some time ago, one of the service chiefs
of staff wrote a note to the other chiefs of
staff stating briefly that too many papers
were being circulated with the top secret
classification. He suggested that use of the
classification should be reduced. Believe it
or not. that note was marked top secret."'"
According to a recent editorial in the Chris-
tian Science Monitor:
"The classic case of overclasslficatlon of
government documents was Queen Fred-
erika's menu. The former Queen of Greece
was given a moderately elaborate dinner at
an American military base during her official
tour of the United States. A thoughtful officer
stamped "classified" on the menu to avoid
the comments which some reporter might
otherwise have made on what might have
been called a non-democratic event." '"
Footnotes at end of article.
The purpose of the classifying officer in
this case was no doubt to avoid any poten-
tial embarrassment to the United States.
There are many occasions when the avoid-
ance of embarrassment Is more closely re-
lated to activities potentially affecting the
national defense. One example, related to
military security demands that certain as-
pects of weapons capabilities be classified,
follows:
"In Vietnam, the Army stamped 'secret' on
reports of field malfunctions of the contro-
versial M16 rlfie, which was Jamming, until
corrective action was taken. 'The evaluation
reports were bad,' says a man who found out
what was in them. He asserts the Army
simply wanted to avoid embarrassment, since
the enemy was obviously aware of the rifle's
weaknesses." "
Individuals may overclasslfy a document
hoping to augment the Importance of the
contents or to appear more Important them-
selves:
"There's what a former federal official calls
the 'ego-buUdlng angle.' Some bureaucrats,
h© say, classify a document confidential or
secret to indicate that 'the stuff Is impor-
tant— that It should be moved up the chain
of command promptly instead of getting
stuck In someone's "in" basket'." ■'^
Such Individuals evidently consider that
the power to classify increases the personal
prestige of the classifier. William Florence
testified that:
". . . numerous individuals in the Depart-
ment of Defense, including myself, have at-
tempted to the best of our ability to limit
the use of defense classifications to the pur-
pose for which they were intended. Various
officials from the Secretary of Defense down
have Initiated measures designed to restrict
the use of defense classifications. But hun-
dreds of thousands of Individuals at all eche-
lons in the Department of Defense practice
classification as a way of life.""
Once a paper has been classified secret or
top secret, bureaucratic Inertia adds to the
already strong propensity to "protect" the
national security by maintaining that clas-
sification for an unnecessarily long period of
time. Richard J. Levlne, writing In the Wall
Street Journal of June 25. 1971, pointed out
that:
"Today almost 26 years after the end of
World War II, U.S. archives still hold some
100 million pages of classified war records. . . .
The government process of declassification is
haphazard and cumbersome. . . ."
According to Levlne, the "group" system
for automatic downgrading and ultimate de-
classification of defense Information has not
provided an answer to the problem. The turn-
over in personnel within State and Defense,
with career officers moving on to new assign-
ments and with many top policy makers tak-
ing other Jobs after a year or two, militates
against the continuous review of classified
material called for by the executive order.
Even more important, perhaps. Is the fact
that the officers who originate classified ma-
terial continue to be involved in substantive
matters and feel that they have more Im-
portant things to do than review their work
of yesteryear to see If It can now be down-
graded or declassified. Thus, quite apart from
the legitimate concern of the Executive to
protect sensitive Information, there are a
nimiber of factors in the present situation
which reinforce the tendency to maintain
secrecy to a higher degree and for a longer
period than is necessary.
Among the World War II documents which
are still classified Top Secret are those on
Operation Keelhaul, which was the US. -U.K.
name for the forcible repatriation to the
Soviet Union of displaced So\'let citizens after
the war. An American historian, Julius Ep-
stein, has attempted without success to ob-
tain access to these files in connection with
his studies on forced repatriation of anti-
communist prisoners of war and dsplaced
persons during and after World War II. Ep-
stein went to court under the Freedom of
Information Act but lost the case on the
grounds that the Act does not apply to docu-
ments classified "in the Interest of the nal
tlctnal defense or foreign policy." « Writing in
the New York Times, Epstein related his con-
$*itulng efforts to have the file declassified- '
"On October 22, 1970, the White House
informed me that President Nixon has re-
moved the main obstacle for declassification
of the Keelhaul files. The letter states: "The
U.S. Government has absolutely no objec-
tions (based on the contents of the files) to
the declassification and release of the "Op-
eratlon Keelhaul" files. However, given the
Joint origin of the documents, British con-
currence is necessary before they can be re-
leased and this concurrence has not been
received. Thus, we have no alternative but to
deny your requests." . . ." »
2. Leaks by Government Officials
On the other hand, Levlne points out that
government agencies permit "deliberate leaks
which tend to make a mockery of the ays-
tem," and he clt€s several Instances of news
men who were given classified Information
by high-level government officials as a mat-
ter of public policy. Both the New York Times
and the Washington Post filed affidavits to
this effect In their legal fight against the
government's Injunction which sought to
stop publication of the Pentagon papers.
On behalf of the Times. Mr. Max Frankel,
Washington bureau chief, argued that with-
out the use of classified material :
"There could be no adequate diplomatic,
military, and political reporting of the Islnd
our people take for granted, either abroad
or In Washington, and there could be no ma-
ture system of communication between the
government and the people. . . .
"Presidents make 'secret' decisions only to
reveal them for th» purposes of frightening
an adversary nation, wooing a friendly elec-
torate, protecting their reputations. The
mllltarj' services conduct 'secret' research in
weaponry only to reveal it for the purpose
of enhancing their budgets, appearing su-
perior or Inferior to a foreign army, gaining
the vote of a Congressman or In the favor of
a contractor.
"In the field of foreign affairs, only rarely
does our government give full public infor-
mation to the press for the direct purpose of
simply Informing the people. For the most
part, the press obtains significant informa-
tion . . . only because it has managed to
make Itself a party to coniidential materials,
and of value In transmitting these mate-
rials ... to other branches and offices of
government as well as to the public at large.
This is why the press has been wisely and
correctly called the Fourth Branch it Gov-
ernment." ■"
Mr. Benjamin C. Bradlee. executive officer
of the Washington Post, stressed in his affi-
davit, that:
"The executive branch . . . normally, reg-
ularly, routinely, and purposefully makes
classified information available to reporters
and editors In Washington. This Is [done] in
private conversations . . . and In the in-
famous backgrounders normally, but not ex-
clusively, originated by the government." •
It may be done to 'test the climate of pu'>
Uc opinion on certain options under delibera-
tion by the government " or "to influence the
reporter's story in a manner which the gov-
ernment official believes is in the best in-
terest of his country, his particuUir branch
of government, or hi.-s particular point of
view."
Mr. Bradlee cited specific instances when
he had been given highly clissified Informi-
tlon by President Kennedy (concerning his
1961 encou-iter with Khrushchev in Vienna)
and by President Johnson (m the V!?tnam
war in 1968). He als:) pointed out that Con-
gress SGni3tlm3S follows the same prftctice:
"Legislators request and obtain clRSSified
information from the executive branch nf the
government for the purpose of helping them
draft legislation. They do not always use it
Jamiarij 9, 1973
I CONGRESSIONAL RECORD — SENATE
599
for that purpose. They often use It to defeat
legislation they don't like, and they often
try to enlist the assistance of the press In
their private battle. . . ." ^
The agency most frequently charged vjth
leaking classified information Is the Depart-
ment of Defense. This fact is scarcely sur-
prising. It is due in part to the sheer size of
the department and the vast amount of de-
fense material in its custody. However, some
contend that the incidence of deliberate
leaks tends to be related to the national
budget cycle as defense officials seek to per-
suade Congress and the public of the validity
of ther budget requests. But as was pointed
out two years ago by George Ashworth of the
Christian Science Monitor, perhaps the most
important factor is the man at the top :
"Government secrets come in many sizes
and styles. At one end of the spectrum are
piddling little secrets, and at the other there
are secrets, that are so secret their security
classiflcatlous are secret. And there are crit-
ically important secrets as well as ones that
are embarrassing and nothing more.
Secretary of Defense Melvin R. Laird
loosed a lew secrets of middling size upon
the Senate and the public recently. Before
the secret-telling was over, everybody knew
a great deal more about the strategic
strengths of the superpowers. Sen. Stuart
Symington (D) of Missouri and Mr. Laird
had reached the I-know-what-you-know-
and-you-know-what-I-know-and-nelther-of-
us-can-tell stage of discussion.
"Telling a great deal without telling all Is
nothing new for high defense officials. A se-
cret told at the right time can shock, arouse,
surprise, stymie opposition, and gain ad-
vantage. Or it can be a dreadful mistake. A
secretary has to know the difference and act
accordingly. If a secret is not properly han-
dled, it can accomplish little through the
telling and do Incomparable damage.
"The Defense Department has been much
freer with its secrets in recent times. Former
Secretary of Defense Robert S. McNamara
was not averse to dropping secrets from time
to time. The only time the secretary showed
an avid Interest In keeping a specific matter
completely under wraps was the case of the
so-called McNamara line.
"During his 11 -month tenure, former Sec-
retary of Defense Clark M. Clifford generally
stayed away from heavy public involvement
In strategic armaments affairs, preferring to
devote his energies to efforts to bring about
successful negotiations on Vietnam. Many of
the Pentagon's deepest secrets are in spe-
cifics on the strategic arsenals of both na-
tions, and Mr. Clifford spent little effort on
the learning of specifics. Thus, in a sense, he
was somewhat limited as to Juicy secrets to
tell.
"Mr. Clifford's periodic frankness on the
subject of relations with South Vietnam
were, however, often spellbinding. Although
many secrets probably were not divulged as
the former Secretary discussed the maneu-
vering prior to the complete halt, the mate-
rial he gave forth was obviously of the sort
normally considered privileged.
"Now, with the stage set by Mr. Laird's
revelations about specifics of missiles and
megatonnage in the Soviet nuclear arsenal,
chances are good that the administration will
be releasing still more information of a na-
ture that would have been considered clas-
sified at earlier times." '-»
Obviously, the Secretary of Defense is con-
cerned with the state of the country's de-
fenses and the overall threat as he sees It
Secretar." I,iaird assumed office at a time when
the U.S.S.R.>was overtaking the United States
In the number of land-based ICBM's de-
ployed, and he foresaw the prospect of their
catching up also In the number of antisub-
marine-based launchers in a few years. Still
another cause for concern was the megaton-
Footnotes at end of article.
nage of the biggest Soviet ICBM, the SS-9,
and the possibility that it would be fitted
with multiple war heads capable of destroy-
ing the U.S. Minuteman missile in a pre-
emptive strike. These and other considera-
tions led him to make public a great deal
more information about Soviet strategic pro-
grams, actual and anticipated than had
either of his predecessors.
As Ashworth remarked:
"The approach to strategic secrecy has in-
deed changed since 1960, when the Republi-
can managers of the Defense Department re-
fused to declassify information to refute
Democratic charges of a "missile gap." Upon
taking office, Mr. McNamara himself refuted
the charge made by his party.
"The 1968 election failed to feature any
real controversy over strategic strength. Con-
sequently, It was marked by few Pentagon
revelations. The same was not true in 1964
when Republican charges caused the Pen-
tagon to declassify profuse quantities of clas-
sified Information.
"In 1967, when the Republican challenge
was brewing. Deputy Secretary of Defense
Paul H. Nitze was most forthright on war-
head sizes, yields and effects, as well as re-
liability, when the nation's deterrent was
questioned by Rep. Craig Hosner (R) of
California.
"Slightly earlier, Mr. McNamara had men-
tioned multiple Independently targetable
warheads for the first time publicly. He used
the medium of an article in Life magazine to
discuss the antlballlstic missile defense sys-
tem and multiple warheads. Earlier, the war-
heads, MIRVs, had been so tightly classified
that the Pentagon would say nothing about
them. Mr. McNamara wanted, however, to
reaffirm public faith in a U.S. lead." "^
Still another ciu-rent practice In declassi-
fication is that of former government officials
who take advantage of personal files to write
the bureaucratic battles of the past. Com-
menting on this, Herbert Feis, who spent
many years in the State Department, has
drawn ironic attention to the contrast be-
tween public policy (to keep official papers
classified for years) and private practice:
"If we turn to the problem of writing the
history of the crucial events in our foreign
relations during the short term of office of
the gallant John F. Kennedy, the divergence
of the restrictions becomes glaring. There is,
I presume, no chance that the historian
would at present be able to consult the perti-
nent official records or memos of conferences.
Instructions to our embassies, and corre-
spondence with foreign statesmen during the
period of his presidency. But what an ad-
mirable series of privileged and candid nar-
ratives and memoirs tell us what may be
found in them! What elaborately detailed
accounts ha', e appeared in the weekly maga-
zines of how the rout of the Bay of Rgs
came about, and what happened In the criti-
cal crisis when President Kennedy challenged
the Russian installations of missiles in
Cuba!
"Can the historian be blamed If he is
struck by the contrast between the scope and
contents of the published official records and
the disclosures of participants, confidants or
a few favored Journalists? This places a very
high premium on securing and diffusing
information before anyone else, and perhaps
exclusively. Men may be drawn into office as
the corridor to future careers as historians.
Warm the Boswells inside the gat.es, envious
the Boswells left outside!""'
The high Incidence of leaks of classified
information which appear to be appro vednby
someone In authority serves to conceal the
fact that many disclosures occur which are
completely unauthorized. In most cases. It Is
difficult if not impossible to track down the
guilty party because the information Is so
widely disseminated within the government
and because reporters are unwilling to reveal
the sources of their Information.
IV. THE EFFECT OF THE CLASSIFICATION STSTEM
ON THE CONGRESSIONAL ROLE IN FOREIGN POLICY
A. The congressional need to know
Under the Constitution both the foreign
policy powers and the war powers are shared
by the President fend the Congress. The need
of Congress for information on defense and
foreign relations stems primarily from spe-
cific responsibilities of Congress which are
enumerated in the Constitution.
Aside from the general mandate provided
by Article I, Section 1, "All legislative Powers
herein granted shall be vested in a Congress
of the United States. . . ." the Constitution
provides that Congress shall have power "to
lay and collect taxes, duties. Imports and
excises, to pay the debts and provide for
the common defense and general welfare of
the United States. . . ." | Article I, Section 8
(1)]; "to regulate commerce with foreign
nations. . . ." [Article I, Section 8(3)1; "to
define and punish . . . offenses against the
law of nations." [Article I, Section 8(10)];
"to declare war . . ."; [Article I, Section 8
(11)]: "to raise and support armies . . .;"
[Article I, Section 8(12)]; "to provide and
maintain a navy;" [Article I, Section 8(13) ];
"to make rules for the government and reg-
ulation of the land and naval Forces;" [Arti-
cle I, Section 8(14)]; and finally, "to pro-
vide for calling forth the militia to execute
the laws of the Union, suppress insurrec-
tions and repel invasions:" [Article I, Sec-
tion 8(15) ). Article II, Section 2(2) provides
the Senate with two additional responsibili-
ties, stating that the President "shall have
the power, by and with the advice and con-
sent of the Senate, to make treaties, pro-
vided two thirds of the Senators present
concur; and he shall nominate, and by and
with the advice and consent of the Senate,
shall appKJint Ambassadors, other public
Ministers and Consuls, . . ." In addition to
these specific responsibilities, the Consti-
tution provides further that the Congress
"make all laws which shall be necessary and
proper for carrying Into execution the fore-
going powers, and all other powers vested by
this Constitution In the Government of the
United States, or in any department or of-
ficer thereof." [Article I, Section 8(18) ].
Congress frequently needs to have infor-
mation which Is classified in order to carry
out specific defense and foreign policy re-
sponsibilities assigned to it under the Con-
stitution. For example. Congress needs to
know what are the threats to the country's
security and what are current military ca-
pabilities If it is to provide for the common
defense. It needs to know the precise facts in-
volving hostilities when there is a question
of whether or not war should be declared. The
Senate needs to know the history of nego-
tiations leading to a treaty before it decides
whether to advise and consent to the ratifi-
cation of that treaty.
Because of the congressional "need to
know." the first aspect of the problem of clas-
sified information Is how classification affects
the efforts of Congress to get the Information
necessary to carry out Its duties in the foreign
and defense policy fields. A comprehensive
survey of individual Members of Congress
and committees would be necessary to ascer-
tain the extent to which the Information they
need is classified and the extent to which
they are given the classified Information
which they seek. Similarly, access to the clas-
sified Information would be necessary to de-
termine if the information given out to Con-
gress was the whole truth. Nevertheless the
outlines of the situation can be traced with-
out such comprehensive Information.
B. Access of Congress to classified information
The classification of information does not
automatically mean that Members of Con-
gress cannot obtain it. Long ago, before the
classification system. President Washington
recognized the right of the Senate to fwicess
bOO
CONGRESSIONAL RECORD — SENATE
January 9, 197 3
of secret information when he placed before
that body Information which he had kept
from the public and the House of Representa-
tives regarding the Jay Treaty in 1796. Simi-
larly today the Executive Branch appears to
recognize the general right of Congress to be
given classified information. Although there
Is nothing in Executive Order 10501 covering
the specific subject of providing classified In-
formation to Congress, a Department of De-
fense directive makes It clear that classified
Information may be given upon request from
Members of Congress and that It may be dis-
cussed with congressional committees in
closed hearings. The directive states as pol-
icy that information not available to the
public because of classification "will be made
available to Congress, In confidence" in ac-
cordance with certain procedures."
The Department of State regulations con-
tain a recognition that classified information
may be sent to Members of Congress in the
statement "Classified or administratively
controlled material may be sent to other Fed-
eral departments or agencies or to officials
and committees of Congress or to individuals
therein only through established liaison or
distribution channels." *' Further policy on
this matter apparently does not appear in
wrltlr^. However, according to one State De-
partrf"5nt official, by virtue of their office
MemtSrs of Congress may be shown classified
infon,iation even though they have not re-
ceived formal clearances as Individuals. Clas-
sified {information is not ordinarily left with
indiviiiial members, however, because of the
lack df approved storage facilities for security
materjlals.'*
Cor^mittees often do have facilities and
procedures for safeguarding classified mate-
rial, apd the congressional committees chiefly
concerned with foreign and defense policy
have jseen given sizeable amounts of classi-
fied Information, usually through closed
hearings. When the transcripts of the closed
hearings are printed, the classified Informa-
tion lis deleted unless the executive branch
officials concerned declassify the Informa-
tion 30 that it can be made public.
The fact that Congress obtains a consider-
able amount of classified Information does
not mean that members of committees get all
the classified information they request or
need however. The Department of Defense
dlrectfve acknowledges that there may be
"rare" Instances in which there Is a question
whether Information should be shown to a
Member of Congress even In confidence. The
directive specifies that a final refusal of In-
formaitlon to a Member should be made only
with the approval of the Head of the De-
partment of Defense component concerned
or the Secretary of Defense, and that a final
refusal to a committee of Congress should
be made only with the concurrence of the
Assistant to the Secretary of Defense for
Legislative Affairs. The latter is responsible
for Insuring compliance with any procedural
requirements Imposed by the President-
"In the rare case vjhere there Is a question
as to whether particular Information may
be furnished to a Member or Committee of
Congress, even in confidence. It will normally
be possible to satisfy the request through
some alternate means acceptable to both the
requester and the DOD. In the event that an
alternate reply is not acceptable, no final re-
fusal to furnish such Information to a Mem-
bePof Congress shall be made, except with
the express approval of the Head of the
DOD Component concerned, or of the Secre-
tary of Defense. The Assistant to the Secre-
tary of Defense (Legislative Affairs) shall
be Informed of any such submissions to the
Head of a DOD Component or to the Secre-
tary of Defense. A final refusal to a Commit-
tee of Congress mav be made only with the
concurrence of the Assistant to the Secretarv
of Defense (Legislative Affairs), who shall be
Footnotes at end of article.
re^onslble for Insuring compliance with all
procedural requirements Imposed by the
President or pursuant to his direction." *
Instances In which members were not given
information they believed they needed date
back for many years. A survey conducted by
the Subcommittee on Constitutional Rights
of the Committee on the Judiciary in 1960
revealed several cases relating to foreign
policy In which specific Information or docu-
ments being sought were not transmitted or
were transmitted only in part to members of
Congress.
One case in that record Involved Senator
Hiunphrey In his capacity as Chairman of
the Disarmament Subcommittee in 1960. In
1959, President Eisenhower announced a full
review of United States disarmament policy
under the chairmanship of Charles CooUdge.
In January of 1960. CooUdge reported to the
Secretaries of State and Defense and Senator
Humphrey subsequently attempted to obtain
the report. In response to a letter from Sen-
ator Humphrey, the Secretary of State said
that the report was In the form of a work-
ing paper and was not being made public.
The State Department also answered nega-
tively the Senator's second letter requesting
that the report be made available on an
executive basis. When Senator Humphrey's
third letter asked on what ground and un-
der what authority the Information was be-
ing denied, the Sscretary replied that the
study was prepared for Internal use of the
Secretaries of State and Defense only.
Similarly, Senator Fulbrlght, in response
to the sur\-ey. related that he was denied
a complete copy of the report of General
Carroll on black market activities in Turkey
in 1959. After exchanges of correspondence
with the Secretary of Defense and the Gen-
eral Counsel of the Department of Defense.
the Senator was given the first 15 pages but
the General's conclusions were withheld and
never made available.'"
When a Member of a committee of Congress
attempts to obtain a specific piece of classi-
fied information and is denied it. the prob-
lem merges with that of executive privilege.
For though the Information sought may be
classified, withholding It from Congress ap-
parently is more likely to be based on execu-
tive privilege than on the basis of classifica-
tion. To deny It on the grounds of classifica-
tion might imply either that the member of
Congress seeking it did not have a need to
know or that he was not trustworthy. The
Committee on Government Operations re-
ported In 1960:
"It should be borne in mind that none of
the Information withlield from this subcom-
mittee has been withheld on the basis that
it is classified; that is, that its release to a
congressional committee would Imperil the
national security. . . .
"On a number of occasions, when the
question was raised, the subcommittee has
been directly told by executive branch of-
ficials that particular documents withheld
were not being withheld on ground of se-
curity, but on the grounds of "executive
privilege.' " "^
Although the doctrine of executive privi-
lege is controversial, as a practical matter
when information Is in the bands of the
executive branch the President is physically
or administratively able to withhold It if
he deems it advisable.
More recently, the work of the Subcom-
mittee on Security Agreements and Com-
mitments Abroad demonstrates that commit-
tees can obtain a great deal of, but not all,
classified Information on a subject if they
know it exists and are persistent.
The Subcommittee on Security Agreements
and Commitments Abroad stated In its final
report of December 21, 1969:
"The record of the Subcommittee is replete
with a variety of Instances in which we
failed to obtain Information without which
the Congress cannot deal seriously, and as
an equal, with the Executive Branch on
matters of foreign policy.
"One of the more important of these was
an understanding of the relationship which
exists between the United States and the
Royal Government in Laos. . . .
"When our Initial Congressional effort was
made to get the truth about Laos, we were
either blocked, or the responses were mis-
leading. . . .
"The details of agreements with Thailand.
Korea, the Philippines. Ethiopia, Spain and
other countries, which details remain classi-
fled, have been obtained during the Sub-
committee investigation and discussed dur-
ing country-by-country hearings. Few facts
were volunteered in the first instance."*"
Classification of Information appears to
present more of a problem to Congress when
It prevents Congress from knowing enough
about p)ollcies to raise questions about them
or to ask to see the classified Information
which exists, and thus from participating in
formulating policies. This is not a new prob-
lem. In the 1960 survey conducted by tlie
Subcommittee on Constitutional Rights
Senator Anderson, Chairman of the Joint
Committee on Atomic Energy, responded
with a list of Instances in which the Joint
Committee on Atomic Energy was not kept
fully and currently informed by the Depart-
ment of Defense as required by the Atomic
Energy Act of 1954. One of the Senator's
examples related that the Committee was in-
formed of a proposed arrangement with an
allied nation for the use and custody of an
American air-to-air nuclear weapon by a
special assistant to the Secretary of Defense
in November of 1959, only after the planned
arrangements had bsen discussed with the
allied nation some time earlier in 1958 and
the recommendation for the arrangement
made by the Joint Chiefs of Staff In April
1959. The Defense Department in June of
1959 proposed that such an arrangement be
entered into by the State Department. None
of these dealings had been brought to the
attention of the Joint Committee until No-
vember.*
The Symington Subcommittee report, dis-
cussing the growth of the United States com-
mitments involving defense of other coun-
tries, said:
"One secret agreement or activity [regard-
ing Southeast Asia] led to another, until the
involvement of the United States was raised
to a level of magnitude far greater than
originally intended.
"All of this occurred, not only without the
knowledge of the American people, but with-
out the full knowledge of their representa-
tives or the proper committees of the Con-
gress.
"Whether or not each of these expensive
and at times clearly unnecessary adventures
would have run its course If the Congress
and /or the people had been infornied. there
would have been greater subsequent national
unity, often a vital prerequisite to any truly
successful outcome." ""
The Senate Foreign Relations Committee
hearings on Laos released In October 1969.
six monhs aftter they were held, revealed that
for five years the United States had been
waging a secret war in northern Laos. In his
testlmonv. the United States Ambassador to
Laos told the committee that the United
States had no military training and advisory
organlzalon In Laos; that there were no U.S.
advisors with the Laotians; and that Air
America carried equipment only for the AID
program and was not Involved in combat op-
erations. The Ambassador neglected to ac-
knowledge the significant role of the U.S.
Air Force which had been bombing northern
Laos for years. When confronted at later
hearings by the committee, the former am-
bassador said that he did not discuss the
bombing because he was not asked any direct
questions about United States operations In
northern Laos. Senator Fulbrlght went to the
heart of the problem when he answered :
Janiianj 9, 1973
CONGRESSIONAL RECORD — SEN ATE
601
"We do not know gnougU/to ask you these
questions unless you are willing to volunteer
the information. There Is-^no way for us to
ask you questions about things we don't
Icnow you are doing." •»
Senator Symington pointed out that the
secrecy Imposed by the executive "prevented
any oisjective review by the Congress of our
policy " but that when details of the
heavily stepped-up bombing were finally dis-
closed to the Members, Congress took action
by adopting an amendment which prohibited
the sending of ground combat troops into
Laos.'-
C. Congress, classified information, and
public opinion
In addition to the foreign policy functions
of Congress set by the Constltiitlon, Congress
plays a role as a link with public opinion.
Its hearings and debates help keep the pub-
lic informed of the various sides of foreign
policy issues and reflect the diverse views of
the American people. President Nixon rec-
ognized this role for Congress when he wrote
In the conclusion of his Second Annual Re-
view of United States Foreign Policy.
"Charged with constitutional responsibili-
ties In foreign policy, the Congress can give
perspective to the national debate and serve
as a bridge between the Executive and the
people." "■'
A number of Members of Congress have
also seen the informing and reflecting of
public opinion as one of the most Important
cuiTent roles of Congress in the foreign
policy field. Senator Javlts in an article in
Foreign Affairs last year wrote:
"A major function of the Congress with
respect to the great issues of foreign policy
and national security Is that of shaping as
well as articulating public opinion. In a
democracy such as ours, governmental action
is possible only within parameters defined
by public attitudes and opinions. In the
major Senate foreign policy debates of the
very recent past — Viet Nam and ABM — we
have learned that the development and pub-
lic presentation of new Information and In-
terpretations bearing on the great Issues is
a vital Congressional function as well a
potent Instrumentality In asserting legisla-
tive prerogatives and responsibilities."
Senator Fulbrlght in The Arrogance of
Power expressed the view that :
"Congress has a traditional responsibility.
In keeping with the spirit if not the precise
words of the Constitution, to serve as a
forum of diverse opinions and as a channel
of communication between the American
people and their government." '^'
Classification of information has been a
major problem to Congress in fulfilling this
role. As long as the Information remains
classified, Congress cannot publicly debate
it to inform the people or to Inform other
Members voting on legislation. The frustra-
tions inherent In this were expressed by
Senator Fulbrlght In hearings on United
States commitments In Morocco. Senator
Fulbrlght contended that It was Congress'
responsibility to be concerned with the fund-
ing of United States Installations in Spain
and Morocco and told executive branch of-
ncers, "But then you said, it Is classifled. it
would not do to talk about It. Therefore, we
cannot even discuss it on the Senate floor." '«
To meet this problem. Congress has played
an important part in getting Information de-
classified to make It available to all. A process
of negotiation has been used by congressional
committees to make testimony given In se-
cret or In closed hearings by executive branch
representatives a matter of public record.
The transcripts of the hearings given in exec-
utive session are submitted to the executive
agency Involved for review. The agencv marks
those portions of the testimony which, hi its
opinion, should remain classified. When the
agency gives reasons for classifying a certain
Footnotes at end of article.
portion other than security, the committee
attempts to persuade the officials to de-
classify more Information. Walter PlncuB,
former chief consultant to the Symington
Subconunittee on United States Security
Agreements and Commitments Abroad of the
Senate Foreign Relations Committee, dis-
covered that "the declassification of some
security Information and almost all of the
political material — at any level of classifica-
tion, even top secret — was negotiable." ■' In
one particular hearing, Plncus relates, the
Administration deleted 60 to 70 percent for
reasons of "security." After negotiation with
the subcommittee, almost 80 percent of the
hearings were made public. Plncus concluded
that the amounts of "secret" material was
sharply reduced, not for any reason other
than it probably did not deserve to be classi-
fied in the first instance.'"
Oiie problem associated with this declassi-
fication through negotiation procedure is
that various committees may have different
practices on classifled information. One com-
mittee might be treating Information as se-
cret which another committee published with
the agreement of the Executive Branch that
It could be deelassii;ea.
Related to the problem of congressional
efforts to get claissifled material declassified
is the Issue regarding the t>T)e of material
which finds Itself labeled with a security
classification and therefore generally with-
held from Congress. Reference has already
been made to Walter Plncus, former con-
sultant to the Symington subcommittee,
who stated that much of the Information
should not have been classifled from the
start. Much credence must be given also to
the former chief civilian classification officer
In the Department of Defense, William G.
Florence, who In testimony before the For-
eign Operations and Government Informa-
tion Subcommittee of the House Committee
on Government Operations In June 1971
stated that. ". . . the disclosure of informa-
tion in at least 99 '2 percent of those classified
documents could not be prejudicial to the
defense Interests of the nation." ■"
Some time earlier. Senator Humphrey
made a statement entitled, "The Experience
of the Senate Subcommittee on Disarmament
on the Declassification of Government Docu-
ments and Testimony" befcre the Moss Sub-
committee on Government Operations in 1959
to illustrate that "information is with-
held for reasons that cannot be justified In
the name of national security. . . ." Hum-
phrey gave as his example the Department of
the Army's restoring over 90 percent of the
testimony of then Army Chief of Staff. Gen-
eral Maxwell Taylor, wlien challenged on the
classification of the officer's testimony .«*•
One of the factors in this case as In many
others involving classified information is that
much of the data Is classified mainly to keep
policy decisions from being made public.
Walter Plncus wrote that In the Symington
subcommittee hearings on the Philippines,
the Administration's deletions, amounting to
from 60 to 70 percent of the transcript, fell
Into two categories: security and political.
The subcommittee was able to enter into
negotiations with the Administration to de-
classify the political testimony only after a
threat of public subcommittee hearings on
the subject.-' Without such efforts, declas-
sification decisions would be entirely in the
hands of the Executive Branch and the
knowledge made available to the public would
depend on what the Executive-Branch alone
wanted the public to know.
V. PROPOSALS FOR CHANGING THE CLASSIFICA-
TION SYSTEM
A. Past efforts
Many of the problems Involved in the clas-
sification system have long been recognized
and there have been many proposals for
changing the system. Some of these proposals
have resulted In changes but others have not .
A brief survey of some of the major studies
of the classification system In the past and
their recommendations demonstrates that
such problems as overclasslflcatlon are not
new. A few examples follow :
1. Coolidge Committee
A Committee on Classifled Information was
appointed by Secretan' of Defense Charles E.
Wilson on August 13. 1956. because of the
lacter's concern about unauthorized dis-
closures of information. Headed by Charles
A. Collldge. the commlt'ee reported on
Novemoer 8, 1956. that while the classifica-
tion system under Executive Order 10501
seemed "beyond reasona'ole criticism as a
matter or theorj". the system in practice
could justifiably be criticized boch for with-
holding too much information and for harm-
ful leaks of informitlon. - The recommenda-
tions of this Committee Included (1) making
a determined attack on overclasslfication;
(2) cutting down the number cf persons au-
thorized to cla.ssify documents as top secret:
(3) making clear that classification waj not
to be used for information not affecting the
national .security and specifically not for ad-
ministrative matters: (4) establishing within
ihe Office cf the Secretary of Defense an
official responsl'ole for estabiishlng. directing,
and monitoring an active declassification pro-
gram, the official to be separated from the
direct influence of both security and public
Information officials In order to orlng an un-
biased judgment to the field of classification;
r-.ud (6) supplying more specific guidelines on
classification criteria.
2. Commission on Government Security
Another group which concerned Itself with
the defente classification system was the
Commission on Government Security estab-
lished pursuant tO PL. 84-304. approved
August 9, 1955. The Commission con.= isted
of several Mem'oers of Congress as well as
private citizens with Loyd Wright as chair-
man and Senator Siennis as Vice Chairman.
The Commission, which also examined other
as;3ects of the effort to protect national secur-
ity incUidlng the Federal Civilian Loyalty
Program, the Atomic Energy Program, and
the immigration and nationality program,
expre.^sed its conviction that "an adequate
and realistic program for control over in-
lormatlon or material of concern to national
defense or security is vitally important to the
objectives of our national security program.--'
The reason behind document classification,
the Commission stated, was the necessity for
balancUig the need to insure that hostile eyes
did not gain access to information the coun-
try wished to safeguard against the need to
make certain that the American people and
friends had access to all Infcrmatlon which
would help in the achievement of peace and
security. The problem was how best to
achieve this balance.
The Commission recommended the estab-
lishment of a "Central Security Office having
reviev; and advisory functions with respect
to the Federal document classification pro-
gram and to make recommendations for its
improvement as r.eeded." -' The Central Se-
curity Office was also to have other functions
such as hearing cases on government em-
ployees whose loyalty was questioned. The
Commission concluded that the problem of
the classification program was not a matter
of the criteria established by Executive Or-
der 10501. However, it recommended a few
modifications, particularly the abolition of
the "confidential" classification on defense
Information in the future It expressed the
belief that the document classification pro-
gram should be embodied in an executive or-
der, with the exception of the review and
advisory functions of the proposed Central
Security Office which it stated required legis-
lation .-■•
3. Special Grovernment Information Sub-
committee Proposals
The House Committee on Government Op-
erations has recommended various changes
602F
CONGRESSIONAL RECORD — SEN ATE
January 9, 1973
In Executive Order 10501 since Us Special
Govetnment Information Subconimlttee
(Moss Subcommittee) was formed In 1955.
It reported in 1962 in a study on the status
of that executive order that as the commit-
tee had made various recommendations there
had been gradual progress toward resolving
the eonflict between the necessity for an
informed public and the necessity for pro-
tecting defense Information. Its 1962 report
stated
■ There has been a gradual recognition of
the fbct that the ideal information security
system Is one which defines very carefully
those secrets which are imperative to the
Nation's defense and then protects them as
carefully as possible. Thus, Executive Order
10501 has evolved from a sort of catchall sys-
tem permitting scores of Government agen-
cies and more than a million Government
employees to stamp permanent security des-
ignations on all kinds of documents, to a
system permitting only those officials directly
involved in security problems to place on
limited numbers of documents security clas-
sifications which are to be removed with the
passage of time." "*
Nevertheless, the committee reported, two
of the most Important problems remained to
be solved. One of these problems was the
lack of penalties for abuse of the classifica-
tion system by withholding all kinds of ad-
ministrative documents in the name ©f se-
curity. The report stated: ^
"A security system which carries no pen-
alties for using secrecy stamps to hide errors
in Judgment, waste, inefficiency, or worse. Is
a perversion of true security. The praise-
worthy slogan of Defense Secretary Mc-
Namara — ■when In doubt, underclasslfy" —
has little effect when there Is absolutely no
penalty to prevent secrecy from being used
to insure individual Job security rather than
national military security."'"
To meet this problem, the committee urged
the Defense Department to establish admin-
istrative penalties for misuse of the security
system until set penalties could be estab-
lished. ^
The other problem it noted on which prog-
ress had not been made was the lack of an
effective procedure for appeals against abuse
of the classification system. To meet this
problem, the committee urged that the ap-
peals section of Executive Order 10501 be
implemented in an effective manner. It stated
that ■■u-ntll a responsible individual In the
White House is charged with the primary
duty of receiving and acting upon complaints
against abuse of the classification system —
until a full operating appeals systein Is set
up and widely publicized — the most Impor-
tant safety valve in the information security
system is completely useless." *
B. -Current study in executive branch
The Administration has launched two new
efforts this year relating to the classification
problem. On August 3, 1971, President Nixon
asked Congress to approve a supplemental
appropriation for fiscal 1972 of $636,000 for|
the General Services Administration to be-
gin an immediate and systematic effort to
declassify the documents of World War II.
In his message he stated that representatives
of the National Archives, the General Serv-
ices Administration, and the Department erf
State and Defense had agreed that 90 to 96
percent of the classified documents of World
War II, involving 160 million pages, 48.000
cubic feet of record storage space, and 18,500
rolls of microfilm, could the declassified If
funds were available.**
In addition, on January 15, 1971, President
Nixon directed that a study be made of the
classification procedure. William H. Rehn-
quist. an Assistant Attorney General and
Director of the Office of Legal Counsel in the
Department of Justice, was named chairman
of the working group comprised of repre-
Footnotes at end of article.
sentatlves from the executive departments
affected. The study has not yet been com-
pleted However, on August 12, 1971, John D.
Ehrllchman, Assistant to the President for
Domestic Affairs, and John Dean, Counsel to
the President, gave a progress report on the
study in a press conference.
Mr. Ehrllchman said the final recom-
mendations are expected to cover both the
classification and declassification systems,
proceeding on the "basic principle that we
are going to be classifying fewer documents
In the future, but classifying them better,"
and that there should be limits on distribu-
tion to persons with clearance on a strict
need-to-know basis. The direction thus far
indicated, he said, that there would be new
limits on the right to duplicate and dis-
seminate documents.
Mr. Ehrllchman said the President had
decided he would expand his request for ap-
propriations to speed the declassification
process and has asked for a special study of
methods by which first priority could be
given to declassifying Information relating
to events of special historical incidents, par-
ticularly the Korean War, the action In Leba-
non under President Elsenhower, and the
Cuban action under President Kennedy. The
criteria for declassification would be ( 1 ) that
the release of the documents would not Jeop-
ardize current Intelligence sources and (2)
that release could not Imperil current rela-
tions with other governments or seriously
and unnecessarily embarrass foreign citizens.
Finally, Mr. Ehrllchman said:
"The recommendations of the committee
will undoubtedly be In the direction of a sys-
tem which will Impose a presumption, after
passage of a certain period of time, that a
document should be declassified, which pre-
sumption could be rebutted by a showing
that it would be contrary to the national In-
terests to declassify It at that time.
"The presumption now runs in the other
direction: that a rlocument will remain
classified unless someone can move forward
and sustain the burden that It should be
declassified." '
C. Other recent proposals
Several proposals for legislation have been
made in the 92nd Congress to deal with the
problem of classification of materials by the
executive branch. Some of these deal only
with information from a single agency, such
as the proposal by Senator Cooper In S. 2224
to make it the duty of the Central Intelli-
gence Agency to keep fully and currently In-
formed the Committee on Foreign Relations
and Armed Services, with the Intelligence in-
formation thus acquired to be made available
to any Member of Congress under rules pre-
scribed by the committees. This study will
discuss only proposal dealing with the prob-
lem of classified information throughout the
Executive Branch. While most have been in-
troduced since the release of the Pentagon
papers, some have a ^listory which goes back
several Congresses.
1 Temporary Study Commission or
Committee
One approach which has been suggested Is
the establishment of a temporary commis-
sion or Joint congressional committee to
make a study of the specific problem of
classification of Information and make rec-
ommendations for legislation or other gov-
ernmental action. For example, S. J. Res. 119
Introduced by Senator Roth and others on
June 24, 1971, would set up a commission of
seven members (two Senators, two Repre-
sentatives, and three private citizens includ-
ing one representative of the press). The
commission would be called upon to study all
laws, regulations, and procedures relating to
classification and make recommendations
and a report by February 1, 1972.
A similar proposal would establish a select
Joint committee of Congress known as the
"Committee on Freedom of Information" to
make a study of the problem. This has been
proposed by Rep. Harrington and others in
H. Con. Res. 348 Introduced June 24, 1971
The select committee would "conduct a full
and complete investigation and study as to
whether the policies and procedures followed
by the agencies, departments, and instru-
mentalities of the Federal Government, with
respect to the classification and dissemina-
tion of Information, are adequate to insure
the free flow of Information that Is necessary
for the Intelligent and responsible exercise
of constitutional rights, duties, and powers
by Members of the Congress, the Congress
and the people of the United States."
The establishment of a temporary study
commission or committee would have the ad-
vantage of assuring a thorough preliminary
study prior to making changes in the existing
system. Whether it would have meaningful
results would depend upon the degree to
which further action were taken upon the
basis of Its study and recommendation.
2. An Indepe/ident Review Board or
-Commission
Another suggestion which has been made
Is for a permanent commission or independ-
ent review board to review classification
policies or decisions or to declassify docu-
ments at its discretion. Senator Muskie. for
example, has said he Intended to propose
legislation for the creation by Congress and
the President of an independent board which
would be responsible for declassifying docu-
ments." It would be enabled to make a docu-
ment public after a two year waiting period
or to send relevant documents at any time
to the appropriate committee of Congress.
Senator Muskie has stated that the estab-
lishment of an Independent review board
would give the President and the Depart-
ments a strong Incentive to be frank about
the facts since they would be revealed soon
anyway. His view Is that such a board would
protect national security without allowing
security classification to hide blunders or
launch covert actions.-'^ The Board would be
bipartisan and composed of one member
from the Government, one from the press,
and five from the public, with non-renewable
terms.
Representative Hubert Introduced an
amendment to the National Security Act of
1947 on July 15, 1971, which would establish
a Commission on the Classification and Pro-
tection of Information (H.R. 9853). The
Commission would have a total of twelve
members, two from the Senate, two from the
House of Representatives, and four each ap-
pointed by the President and the Chief Jus-
tice. Its purpose would be to make a continu-
ing study and review of the classification
rules and practices. Similarly, one of the pos-
sibilities to be explored by the proposed study
commission under S.J. Res. 119 introduced
by Senator Roth would be the feasibility of
establishing an independent agency to en-
sure the full disclosure of Information while
protecting the security of the United States.
A number of other bills have been introduced
which would have the effect of creating an
independent board or commission on classifi-
cation.
As has been noted, a Central Security Office
was suggested by the Commission on Gov-
ernment Security in 1957. However, the re-
cent proposals for an Independent board or
commission appear to differ from the earlier
proposal In several ways. First, the Central
Security Office would have had several other
functions: any relating to classification
would have been only a segment of Its re-
sponsibilities. Second, the Central Security
Office would have been part of the Execu-
tive Branch although Independent of any de-
partment. Third, the Central Security Office
would not have had power to review indi-
vidual documents for the purpose of deter-
mining whether or not they were properly
classified. It would have been limited to con-
sidering policies and procedures expediting
declassification, and suggesting reconunen-
January 9, 1973
CONGRESSIONAL RECORD — SEN ATE
603
datlons to make the security programs of
various agencies uniform, consistent, and
effective.""
The feasibility and effectiveness of an in-
dependent commission or board could vary
according to the purpose sought and the
functions assigned to such a group.
If it had the confidence of both the Con-
gress and the Executive, an Independent
board or commission might be able to arbi-
trate differences of opinion between the two
branches as to whether specific data should
be made public. At the present time the Ex-
ecutive Branch is usually permitted the final
decision by Congress and only rarely does a
Member defy the classification stamp and
make public a classified document without
the consent of the Executive Branch. Under
some proposals for a Joint Congressional
Committee on classified Information, how-
ever, apparently the final decision on a dis-
pute over the classification of a document
In dispute might be made by the Joint
Committee, an arm of Congress.
If one of the functions of the commis-
sion was to oversee the classification process
and review classified documents in general,
one problem would be to ensure that It was
given or had access to all classified docu-
ments so that It could review them. In view
of the time necessary to read and under-
stand the significance of documents and the
large number of documents which would
apparently be Involved, any comprehensive
review of classified Information could be ex-
tremely time consuming. President Nixon
has estimated that It will require 100 people
five years to review the 160 million pages of
documents from World War II which are
still secret.'* General review functions, there-
fore, might require a commission or board
with a rather large staff.
In establishing the duties of the commis-
sion, however, methods might be found by
which the review commission did not at-
tempt to review all classified documents but
only certain ones. For example, if It were
provided that all documents would be auto-
matically declassified within a certain period
unless tiie review board determined that they
should not be, the burden of Initiating an
exception and proving the need of continued
classification would rest on the agency de-
siring to keep a document secret. Or, as
has been suggested in one proposal, docu-
ments would be reviewed at the time they
were first classified and each classification
would have to be Justified at that polnt.^^
The problem would remain, however, of
whether the board would know If any agency
had withheld documents from the review
process.
3. Permanent Joint Congressional Committee
on Security Information
Another approach is the establishment of
a permanent Joint congressional committee
to .serve as a watchdog on classification pol-
icies. This offers a direct way to give Con-
gress a more active role in determining clas-
sification policy. In addition, since the mem-
bership of Congress reflects a wide range of
opinion on how much and what kind of In-
formation should be made public, it might
offer a way to find a good balance between
that information which should be available
to all and that which should be kept secret
In the interests of national security.
Several bills have been Introduced In the
92nd Congress calling for the establishment
of a Joint Congressional Committee on Classi-
fied Information. These are quite similar In
the functions they provide for the committee
but vary in the size and composition of the
membership. The Joint committee would be
responsive for continuing investigation of
practices and methods used In the executive
branch to classify information for defense
a.id security purposes, and of suspected mis-
use of such classification for purposes con-
trary to the public welfare. Upon findings of
Footnotes at end of article.
such misuse the committee could Initiate
such action as It deemed necessary to pro-
hibit such misuse, sometimes including mak-
ing any classified information which It con-
sidered ought not to be classified available
to the public. The Joint committee would
also be responsible for assuring that classi-
fied Information was available to Congress
unless It agreed otherwise.
As an example of the way the Joint com-
mittee might be composed. H.J. Res. 745. in-
troduced by Congressman Addabbo on June
24. 1972. and in the 91st Congress as H.J.
Res. 1131. would create a committee of 18
members to be composed of the chairman
and ranking minority members of the
House end Senate Armed Services Commit-
tee, the Foreign Relations and Foreign Af-
fairs Committees, the Defen.se Appropria-
tions Committees of the House and Senate,
three other members of the Senate appoint-
ed by the President of the Senate, and three
other members of the House appointed by
the Speaker of the House.
S. 2290, Introduced by Senator Humphrey
on July 15. 1971 would establish a Joint com-
mittee of 25 members. Including the Speak-
er of the House; Majority and Minority lead-
ers of the Senate and the House: Chairman
and ranking minority members of the fol-
lowing committees of both houses. Appro-
priations. Armed Service. Foreign Affairs'
Foreign Relations; three additional mem-
bers of the House and Senate; and two mem-
bers of the Joint Committee on Atomic
Energy.
4. Legislation Revising Classification
Procedures
Another approach Is to establish through
legislation the regulations and procedures for
classification as Executive Order 10501 now
does or to supplement that order to remedy
the weaknesses which have appeared In its
Implementation. Rep. Gibbons has recom-
mended that Congress pass legislation which,
in addition to establishing a congressional
oversight committee, would provide a clear
definition of national security matters which
could be classified and the circumstances
under which such classification could be im-
posed. He proposed that each agency be
required to number classified documents
chronologically and provide to Congress
annually a list of its classified documents
Identified by number. The list would be re-
quired to contain also an indication of the
number of classified documents from the
preceding year, a listing of the documents
which had been declassified, and an indica-
tion of how long the remaining documents
had been classified. The departments and
agencies, under his proposal, would be re-
quired to review classification annually and
the continued classification of any document
for three or more years would require the au-
thorization of the head of the agency or
departments.'"
Senator Mansfield has said:
"Perhaps the need Is for a 20th Century
Stamp Act. which would define more pre-
cisely who has the right to stamp the various
classifications, and under what circum-
stances, and to require a Justification by
originator of the classification as to his se-
lection and how public dissemination would
compromise national security." "
The proposal has also been made that
Executive Order 10501 should be rescinded
so that there would be no authority for a
large number of people throughout govern-
ment to classify Information. Mr. William
Florence, a retired civilian official of the Air
Force who had extensive experience with
the classification system, has suggested the
rescinding of Executive Order 10501 (as nec-
essary to root out the classification habits
which have developed) and Us replacement
with legislation controlling defense Infor-
mation. He stated in testimony before the
Government Operations Committee on
June 24, 1971 :
"I respectfully suggest the enactment of
legislation for controlling "defense informa-
tion" or "defense data" similar to that which
covers "restricted data" under the Atomic
E:iergy Act of 1954. The Congress could decide
upon appropriate language, sufficiently pre-
cise, that would include only those elements
of military information which warrant and
must be accorded effective protection against
disclosure. We could easily amend the exist-
ing order, but we cannot amend people. The
use of so-called classifications or other simi-
lar labels should be avoided. Any proposed
disclosure not authorized by the statute
could be stopped, and any unlawful dis-
closure could be the basis for penalty. Tlie
degree of punishment should be made com-
mensurate with the seriousness of the viola-
tion, not necessarily a severe penalty." "
5. Legislation Providing for Automatic
Declassification
As an alternative approach, instead of
addressing itself to classification procedures
legislation might be directed toward facili-
tating declassification. For example, a law-
might be passed after a certain period of time
all documents would be automatically de-
classified unless some positive determination
were made that a document should remain
classified, thus making It easier to declassify
documents than to keep them classified. The
time period might be set as low as one year
or as high as fifty years. Dr. Edward Teller,
for example, has suggested that the United
States declassify all secret documents after
a year because "Tliat Is the period of time
during which we can keep secrets. In a longer
period, we cannot." " At the other extreme,
a fifty-year limit, which the British Official
Secrets Act sets, after which all official docu-
ments must be made public, has been criti-
cized as being too long and as inhibiting the
publication of documents before that time.""
However, even a long tlme-llmlt assures that
all documents would eventually be declassi-
fied without a time-consuming and expen-
sive review. AppareiUly the Administration is
considering this general approach, although
not necessarily through legislation.'"
6. Study by Qualified Historians
The recent controversy over the unauthor-
ized publication of a classified Department
of Defense history of the Vietnam war, the
"Pentagon Papers," focused attention on the
importance to historians of declassifying
documents relating to past events. In addi-
tion to arguing that there is a need for the
data to make wise foreign policy decisions on
current problems, some historians have at-
tempted to gain recognition of the needs of
historians In compiling accurate factual his-
tories of U.S. foreign policy. Currently the
time lag between the occurrence of an event
and its publication in the "Foreign Relations
of the United States. Diplomatic Papers"
volume is 25 years, and the delay continues
to grow longer. Some historians have gone so
far as the Judicial system to force the release
of specific Information, as in Operation Keel-
haul mentioned earlier, without success.
An editorial in the Washington Post of
July 7, 1971, by Henry Owen outlines a pro-
posal suggested in recent years by historians.
This would call for the opening up of all
historical records, with a few exceptions, to
qualified, professional historians after a
specified amount of time. These historians
would then compile histories of US. foreign
policy under the sponsorship of University or
Foundation grants. This was done by the
government in the late 1940's for two his-
torians whose work on the Second World War
has become an Important historical source.
7. Congressional Vigilance
Whether or not i;iew laws relating to clas-
sified information are enacted or new ma-
chinery for classification and declassification
Is established, there may be a considerable
amount that can be done to minimize the
Impediments which classified Information
places on the work of Congress In the field
of foreign affairs. For example, reporting pro-
604
'^
I
CONGRESSIONAL RECORD — SEN ATE
January 9, 197 S
visions In legislation can i'equlre that cer-
tain Information be transmitted to Congress.
Resolutions can be passed requesting the re-
lease of specified Information if enough
members believe that the information should
be released. New legislation can be reviewed
to ascertain whether it sanctions classifica-
tion of Information by such means as requir-
ing clearances for access to certain Informa-
tion, and if so whether the legislation also
provides safeguards against withholding in-
formation from Congress. Congressional re-
view and oversight activities can be Intensi-
fied over the areas and agencies in which
large amounts of classified information
render inadequate the amount of informa-
tion available to the general public.
The power of the purse can be utilized by
specific provisions such as Section 624(d)
(7) and 634ic) of the Foreign Assistance Act
of 1961 as amended, and Section 502 of the
Foreign Assistance and Related Programs Ap-
propriation Act, 1971. relating the release of
funds to the provision of Information re-
quested by a committee or subcommittee of
Congress These particular provisions per-
mit Information to be withheld upon a per-
sonal certification by the President that he
has forbidden the furnishing of the specified
information. Such a personal certification
was made by the President on August 30,
1971, to prevent a suspension of Military,
Assistance Program funds after the Secre-
tary of Defense had refused to supply the
Senate Foreign Relations Committee with a
requested five-year plan for military assist-
ance. The withholding of information was
done on the grounds of executive privilege
and the need for "privacy of preliminary ex-
change of views between personnel of the
Executive Branch" rather than security clas-
sification. It appears to have been facili-
tated, however, by the provision of the law
permitting a waiver upon the President's per-
sonal certification In its 1960 report: "Ex-
ecutive Branch Practices in Withholding In-
formation From Congressional Committees,"
The House Committee on Government Opera-
tions endorsed the use of the power of the
purse for the purpose of obtaining informa-
tion necessary for Congress to perform' its
functions, stating as its concluding p|ra-
graph: \,
"Utilizing the power of the purse, ttie
Congress can and should provide in author-
izing and appropriating legislation, that the
continued availability of appropriated funds
IS contingent upon the furnishing of com-
plete and accurate Information relating to
the expenditure of such funds to the General
Accounting Office and to the appropriate
committees, if any. at their request." ^-^
Congress can survey its own policies and
practices in handling classified information
and revise them if they seem to oe either a
barrier to the declassification of informa-
tion or a barrier to obtaining or debating
secret information. For example, if the lack
of proper storage facilities has been used as
a reason for not leaving classified material
with Members of Congress, consideration
could be given to providing the necessarv fa-
cilities. Similarly. Congress could survev its
own sources of Information in the foreign af-
fairs field and, if the Executive Branch does
not cooperate i-i supplying the irformation
it gathers, consider expanding or utlllzlrt'
Its own investigative resources more fully.
For informatio:i which remains classified, it
could make more frequent use of closed ses-
sions of the Senate, as in the debate on Laos
on June 7. 1971.
If a-iy eient. the many prooosals which
have been Introduced In Congress indicate
that a new attitude toward classified infor-
mation Is developing. A greater awareness of
the hazards In Executive Branch secrecy U
leadlnsfno a greater vigilance on the part of
Congr9.sS against misuse of the classification
system. A new determination by Congress to
play its full constitutional role In the making
of foreign policy may be bringing an end to
an era in which persons without access to
classified information were oft«n made to
feel that they could not debate foreign pol-
icy issues on a par with officials In the Exec-
utive Branch.
FOOTNOTES
' For an examination of the question of
executive privilege, see the Congressional Re-
s-'arr-h Service report, "Executive Privilege, a
Brief Survey," bv Majorle Browne, July 23,
1971. C.R.S. Multiuth 71-238F.
■ U. S. Congress. Senate, Executive Journal,
vol. I. p. 55 (Aug. 4, 1970) .
" National Archives, "Origin of Defense-
Information Mark Ins In the Army and
Formsr War Department," prepared by Dallas
Irvine, Dec. 23. 1964, p. 2.
«Ibid.
»Ibid.. p. 7.
•Ibid. p. 16.
'Ibid. p. 21.
' Ibid., p. 24. Change No. 3 In Army Regula-
tion No. 850. Feb. 12. 1935.
» Sec. 795 of title 18. United States Code.
' • Par. 3. Executive Order 8381. Federal xleg-
ister. Mar. 26. 1940. vol. 5, p. 1147-1148.
" Executive Order No. 10104 "Basic Docu-
ments," op. cit. p. 14.
" Pt. II, par. 4. Executive Order 10290. Fed-
eral Register Sept. 27, 1951. vol. 16. p. 9797.
" U.S. Congress, Senate. Committee on For-
eign Relations. Subcommittee on United
States Security Agreements and Commit-
ments Abroad, 91st Cong., hearings, vol. II.
pp. 2008-2010. Washington. U.S. Government
Printing Office. 1971. Hereinafter cited as
"Security Agreements and Commitments
Abroad Hearings."
"Ibid. p. 2010.
' Ibid.
'"Ibid. p. 2011.
'• U.S. Congress. House, Committee on Gov-
ernment Operations. "Amending Sec. 161 of
the Revised Statutes With Respect to the
Authority of Federal Officers and Agencies To
Withhold Information and Limit the Avail-
ability of Records." H. Rept. 1461. 85th Cong..
2d sess.. p. 1.
'■^ Ibid.
"Hearing on U.S. security agreements
and commitments abroad, op. clt. p. 2010.
* Congressional Research Service, "Basic
Documents on Security Classification of In-
formation for National Security Purposes,"
Multiuth 71-172 F, hereinafter cited as "Baslo
Documents," p. 15.
'■ Basic Documents." op. clt. p. 4.
»^ Title 18. United States Code. sec. 798.
"Basic Documents." op. clt. p. 15.
•" National Archives, op. clt., p. 20.
"Ibid. p. 24.
'^' "Security Agreements and Commitments
Abroad Hearings." op. clt.. p. 2011.
^- Ibid.
'■See. 102(d)(3), Public Law 253. 80th
Cong., July 26, 1947, as amended. U.S. Senate.
Committee on Armed Services, National Se-
curity Act of 1947 as amended through Dec,
31. 1969. Committee print, pp. 4-5.
'- "Security Agreements and Commitments
Abroad Hearings," op. clt., p. 20U.
* Title 50. United States Code. sec. 783.
*■ Scarbeck v. U.S.. 1962, 317 F. 2d 546.
" "Security Agreements and Commitments
Abroad Hearings," op. clt.. p. 2003.
"^ Ato;nic Energy Act of 1954. Public Law
83-703. as amended, sec. lly.
*'U.S. Congress. Joint Committee on
Atomic Energy. "Atomic Energy Legislation
Through 90th Cong., 2d sess.," December
.^1968. p 42.
" Ibid., p. 43.
^' Public Law 89-487. sec. 3(f) , "Basic Docu-
ments." op. clt.. p. 25.
* U.S. Congress. Senate. Committee on For-
eign Relations. House. Committee on Foreign
Affairs. "Legislation on Foreign Relations
With Explanatory Notes." 92d Cong.. 1st
sess. Joint committee print, April 1971, p.
137.
'• For an explanation of the relationship of
defense Information to diplomacy and for-
eign policy, see p. 18.
^"See U.S. Congress. House. Committee on
Government Operations, 25th report, "Execu-
tive Branch Practices in Withholding in-
formation From Congressional Committees,"
86th Cong,. 2d sess. H. Rept. No. 2207, Wash-
Igton. U.S. Government Printing Office
1960. 14 pages.
• See 18 U.S.C. 798.
*" Executive Order 10501. sec. 5(j).
" Ikenberry, Kenneth, "U.S. Security Clas-
sification a Maze of Rules," The Sunday Star
Washington, Nov. 9. 1969.
'-32 Federal Register. 250. Dec. 28. 1967.
*' Nuclear Industry, March 1970, pp. 59-61.
" The Arms Control and Disarmament
Agency (ACDA) is probacy a major excep-
tion to this rule In Its concern ^ver hardware
as well as policy.
'U.S. Department of State, "Uniform
State AID USIA Security Regulations, Phys-
ical and procedural,." Washington, U.S. Gov-
ernment Printing Office, 1969. Sec. 911.2.
•■= Ibid., sec, 901.4.
'•Testimony of Arthur J. Goldberg before
the Foreign Operations and Government In-
formation Subcommittee of the Committee
on Government Operations of the House of
Representatives, June 23. 1971. Mimeo-
graphed statement.
«'' Statement by Mr. William G. Florence,
retired civilian security classification policy
expert, submitted to the Foreign Operations
and Government Information Subcommittee
of the U.S. House of Representatives Com-
mittee on Government Operations, June 24,
1971, Mimeographed prepared statement,
'»Ibld,
'""The Duty of Print," Christian Science
Monitor, June 23, 1971,
'■The Wall Street Journal, June 25, 1971.
•"'" Ibid.
■'■■• Florence, op. clt.
'■' Harvard Law Review, Cambridge, Mass.,
February 1970. p. 923.
'-■'■ Epstein. Julius. "A Case for Suppression."
New York Times, Dec. 18, 1970, p. 39.
•"■« Affidavits by Frankel, New York Times,
June 19, 1971, p." 10.
•" Affidavit submitted by Washington Post
Executive Editor Benjamin C. Bradlee to the
U.S. District Court for the District of Colum-
bia. Boston Globe. June 27, 1971, p. 5.
-^ Ibid.
''^ Ashworth, George W.. "U.S. Secrets and
How They Grow," Christian Science Monitor,
Mar. 31. 1969. p. 1.
*'Ibld.p. 6.
"'Feis. Herbert. "The Shackled Historian,"
Foreign Affairs. January 1967, p. 337,
"' Department of Defense Directive No,
5400.4, "Provision of Information to Con-
gress." Feb, 20, 1971. sec. III.B.
*' Uniform State/ AID/USIA Regulations,
sec. 948.1.
** Based on telephone conversation with
Alexander Schnee, legislative officer. Bureau
of Congressional Relations, Department of
State. July 30. 1971.
''^ Department of Defense Directive 5400.4,
Sec. IV.B.2.
"•'U.S. Congress. Senate, Committee on the
Judiciary. Subcommittee on Constitutional
Rights. "Withholding of Information From
the Congress," 86th Cong,. 2d sess.. Washing-
ton, Government Printing Office, 1961, pp. 18-
19,
"'U,S. Congress. House. Committee on Gov-
ernment Operations. 20th report, 'Executive
Branch Practices In Withholding Information
From Congressional Committees," 86th Cong.,
2d sess.. H, Rept. No. 2207. Aug. 30, 1960, p. 6.
'■^ U.S. Congress, Senate, Committee on For-
eign Relations. Subcommittee on Security
Agreements and Commitments Abroad, "Se-
curity Agreements and Commitments
Abroad," report 91st Cong, 2d sess., Dec. 21,
1970. p. 26.
January 9, 1973
CONGRESSIONAL RECORD — SENATE
G05
«US Congress. Senate. Committee on the Basic Documents on SEcuarrY Classifica
Judiciary. Subcommittee on Constitutional . tion of Information for National Secu
Rights, op. dt., p. 2.
> U.S. Congress, Senate. Committee on For-
eign Relations, Subcommittee on U.S. Se-
curity Agreements and Commitments Abroad,
op. cit., p. 3.
-; Symington, Stuart, "Congress" Right To
Know, ' New York Times Magazine, Aug. 9,
1970, p. 62.
--Ibid., p. 63.
■Message from the President of the United
States transmitting his Second Annual Re-
view of U.S. Foreign Policy, H. Doc. 92-53, 92d
Cong., 1st ses.s.. Feb. 25. 1971, p. 179.
■'Javlts, Jacob K.. "The Congressional
Presence in Foreign Relations," Foreign Af-
fairs, January 1970, p. 244.
•"■Fulbrlght. James W., "The Arrogance of
Power," New York, Random House, 1966, pp.
44-45.'
■ U.S. Congress, Senate, Committee on For-
eign Relations, "Hearings on U.S. Security
Agreements and Commitments Abroad," pt.
9, "Morocco and Libya," July 20. 1970. p, 1972.
- Pincus, Walter. "Congress Negotiates with
the Executive Branch," Washington Post,
June 30. 1971.p. B6.
■• Ibid.
■'Florence. William G., op. cit.
-'U.S. Congress. Senate. Committee on the
Judiciary, "Withholding of Information From
the Congress." committee print, 1961, p, 35,
-1 Pincus. op. clt
"' Report to the Secretary of Dofen.se by the
Committee on Classified Information. Nov, 8,
1956, U.S. Congress. House. Committee on
Government Operations, "Availability of In-
formation From Federal Departments and
Agencies." hearings, pt. 7, Washington, U,S.
Government Priiitlng Office. 1957. p. 2134.
'■'Commission on Government Security.
Loyd Wright. Chairman, report pursuant to
Public Law 304, 84th Cong., as amended, June
21, 1957. p. 172,
'^Ibld., p. 181.
■^Ibld.. p. 183-184.
''U.S. Congress, House. Committee on Gov-
ernment Operations, 25th report. "Safeguard-
ing Official Information in the Interests of
the Defense of the United States (The Status
..f Executive Order 10501)." H. Rept. 2456,
87th Cong 2d sess,, Washington, Government ^Ided bV'statute"^''th7 use"' oT the 'cil^ifica
MTY Purposes
(Weston Burnett, research assistant, foreign
affairs division, July 15, 1971)
EXECUTIVE ORDER 10501 SAFEGUARDING
OFFICIAL INFORMATION
Nov, 9. 1953, 18 F.R, 7049, as amended by
Ex. Ord. No. 10816. Mav 8. 1959 24 F.R. 3777;
Ex. Ord. No. 10901 Jan. 11, 1961. 26 F.R. 217;
Ex. Ord. No. 10964 Sept. 20. 1961, 26 F.R.
8932: Ex. Ord. No. 10985 Jan. 15, 1962, 27
F.R. 439; Ex. Ord. No. 11097, Mar. 6, 1963, 28
F,R, 2225; Ex. Ord. No. 11382, Nov. 28, 1967,
32 F.R. 16247.
Source: U.S. Laws Statutes, etc.. United
States Code Annotated. St. Paul, Minnesota;
West Publishing Company, 1927— (Title 50,
War and National Defense, Section 401, pages
35-45).
Section 1. Classification Categories. Offi-
cial Information which requires protection
In the interests of national defense shall be
limited to three categories of classification,
which In descending order of Importance
shall carry one of the following designations;
Top Secre*:, Secret, or Confidential, No
other designation shall be used to classify
defense Information, Including military In-
formation, as requiring protection In the In-
terests of national defense, except as ex-
pressly provided by statute. These categories
are defined as follows:
(a) Top Secret, Except as may be expressly
provided by statute, the use of the classifica-
tion Top Secret shall be authorized, by ap-
propriate authority, only for defense Infor-
mation or materiai which requires the high-
est degree of protection. The Top Secret
Classification shall be applied only to that
Information or materiai the defense aspect
of which Is paramount, and the unauthor-
ized disclosure of which could result In ex-
ceptionally grave damage to the Nation such
as leading to a definite break in diplomatic
relations affecting the defense of the United
States, an armed attack against the United
States or Its allies, a war, or the compromise
of military or defense plans or Intelligence
operations, or scientific or technological de-
velopments vital to the national defense.
(b) Secret. Except as may be expressly pro-
Printing Office, 1962, p. 13.
■• Ibid.
^^ Ibid.
'" Weekly Compilation of Presidential Doc-
uments, p. 1117.
*'Wl-ilte House press release, Aug. 12, 1971.
" Remarks by Senator Edmund S. Muskie.
Garden City. N.Y.. June 20. 1971. Congres-
sional Record, vol. 117, pt. 20, p. 25946.
« Ibid., p. 25947.
'"•Commission on Government Security, op.
cit.. pp. 89 and 182.
"Washington Post. Aug. 4. 1971.
'■"Hudson. Richard, "Let's Declassify," New
York Times, July 1. 1971, p C47,
"Testimony of Representative Sam Gib-
bons before the House Government Opera-
tions Committee, June 24, 1971,
*^ Congressional Record, vol. 117, pt. 17, p.
22271.
""Congressional Record, vol. 117, pt. 17, p.
22509.
'-'Dallas Morning News, Aug. 20. 1971. p
9F.
"'Worsnop. Richard L.. "Secrecy In Gov-
ernment." Editorial Research Reports, 1971,
vol. II, Aug 18, No. 7, p. 641
tlon Secret shall be authorized, by appro-
priate authority, only for defense Informa-
tion or material the tinauthorized disclosure
of which could result in serious damage to
the Nation, such as by Jeopardizing the In-
ternatloup,! relations of the United States,
endangering the effectiveness of a program
or policy of vital importance to the national
defeme, or compromising Important military
or defen.se plans, scientific cr technological
developments Important to national defense,
cr Information, revealing Important Intel-
ligence orcrntlons.
(c) Confidential. Except as may be ex-
pressly provided by statute, the use of the
classification Confidential shall be author-
ized, by appropriate authority, only for de-
fense information or material the unauthor-
ized disclosure of which could be prejudicial
to the defense Interests of the nation.
Sec 2. Limitation of authority to classify.
The authority to cla.ssify defense Inforrria-
tlon or material under this order shall be
limited in the departments, agencies, and
other units of the executive branch as here-
inafter specified. \
(a) In the following departments, agen-
cies, and Governmental units, having prl-
' «;pp H^vrd^T'o ''-/•^"' .^ e. J . t:. '"^'■y responsibility for matters pertaining
ecuM e Br« ^h ' ^ ^' ' ^° "^"°"^' ^^^^"^^' ^^« authority for original
, ' ' ranrn. classification of information or material tin-
- U.S. Congress, House, Committee on Gov- der this order mav be exercised by the head
ernment Operations, 25th Report. "Executive of the department, agency, or Government
Branch Practices In Withholding Information unit concerned or by such responsible of-
Prom Congressional Committees, " 86th Cong., fices or employee as he, or his representa-
2d sess., H, Rept, No, 2267, Aug, 30, 1960, tive, may designate for that puk-pose. The
P- ^^- delegation of such authority to classify shall
be limited as severely as Is consistent with
the orderly and expeditious transaction of
Government business.
The White House Office.
President's Science Advisory Committee.
Bureau of the Budget.
Council of Economic Advisers.
National Security Council.
Central Intelligence Agency.
Department of State. •
Department of the Treasury.
Department of Defense.
Department of the Army.
Department of the Navy.
Department of the Air Force.
Department of Justice.
Department of Commerce.
Department of Labor.
Department of Transportation.
Atomic Energy Commission.
Canal Zone Government.
Federal Communications Commission.
Federal Radiation Council.
General Services Administration.
Interstate Commerce Commission.
National Aeronautics and Space Admin-
istration.
National Aeronautics and Space Council.
United States Civil Service Commission.
United States Information Agency.
Agency for International Development.
Office of Emergency Planning.
Peace Corps.
President's Foreign Intelligence Advisory
Board.
United States Arms Control and Disarma-
ment Agency.
Export-Import Bank of Washington.
Office of Science and Technology.
The Special Representative for Trade
Negotiations.
(b) In the following departments, agea-
cles, and Government units, having partial
but not primary responsibility for matters
pertaining to national defense, the authority
for original classification of information or
material under this order shall be exercised
only by the head of the department, agency,
or Government unit without delegation :
Post Office Department.
Department of the Interior.
Department of Agriculture.
Department of Health, . Education, and
Welfare.
Civil Aeronautics Board.
Federal Power Commission.
National Science Foundation.
Panama Canal Company.
Renegotiation Board.
Small Business Administration.
Subversive Activities Control Beard.
Tennessee Valley Authority.
Federal Maritime Commission.
(C) Any agency or unit f.f t^" e.r c':U:e
branch not named herein, and any such
agency or unit which may be established
hereafter, shall be deemed not to have au-
thority for original classification of inrorma-
tlon or materiai under this order, except as
such authority may be specifically conferred
upon any such agency or unit hereafter.
Sec. 3. Classification. Persons designated
to have authority for original classification
of Information or material which requires
protection In the Interests of national de-
fense under this order shall be held respon-
sible for its proper classification In accord-
ance with the deflnltlcns of the three
categories In section 1. hereof. Unnecessary
• ' • be scrupulously avoided. The following
special rules shall be observed t'l classifica-
tion of defense information or material •
(a) Documents In General. Documents
shall be classified according to their own con-
tent and not necessarily according to their
relationship to other documents. References
to classified material which do not reveal
classified defense Information shall not be
classified.
(b) Physically Connected Documents. The
classification of a file or group of physically
606
CONGRESSIONAL RECORD — SENATE
Januarij 9, 1973
connected documents shall be at least as high
as that of the most highly classified docu-
ment therein. Documents separated from the
file or group shall be handled in accordance
with their individual defense classification.
(C) Multiple Classification. A document,
product, or substance shall bear a classifica-
tion at least as high as that of its highest
classified component. The document, product,
or substance shall bear only one over-all
classification, notwithstanding that pages,
pa^graphs, sections, or components thereof
bear diSerent classifications.
(Ai Transmittal Letters. A letter trans-
mitf.ng defense Information shall be classi-
fied ^t leat as hlgli as its iiighesl clasoified
en.lj-ibure.
[i'.\ Infrrniation Originated by a F. reign
Go\(Tnme.it tr Organ.zatii^n. Defence in-
fornt»tiv.n of a classified nature furniji;$d to
the ;Jnited Statoi by a fcrcij-n govern:ne..t
o- international organization shall be as-
s'gnAl a jlassificati.n which will assure a de-
gree of protection equivalent to or greater
than that re'juired by tl e government cr i-i-
ternaticnal crganization wi.lch furnished the
inf.:rbiation.
Sei, 4. D.clajsification, D-wngrading, or
Upgr^dlng, When classified information cr
mate'.al no longer require, its present level
of prvtejtion in the clefen=e Interest, it shall
be downgraded cr de .lass tied in crder to
preserve the e.feciiveness and integrity cf the
class^cation system and tc eliminate classi-
flcatitns i.,f information cr material which
no 1 'nyer require classification protection.
Headi of depanmcats cr agencies originating
classided information or material shall desig-
nate pers'jns to be responsible for continuing
review of such classified infcrmatlcn or mai-
terial on a document-by-document, category,
project, program, or other systematic basis,
for the purpose of declassifying or downgrad-
ing whenever national defense considerations
permit, arfd for receiving requests for such
review from all sources. However, Restricted
Data and material formerly designated as Re-
stricted Data shall be handled only in ac-
cordance with subparagraph 4ia)(l) below
and .'4fction 13 of this order. The following
special^ rules shall be observed with respect
to changes of classification of defense in-
fcrmaition o^naterial, including information
or material heretofore classified:
I a) Automatic Changes. In order to insure
uniform procedures for automatic changes,
heads of departments and agencies having
authority for original classification of in-
formaiion or material as set forth in section
2 shal'. categorize such classified Information
or maierlal into the following groups:
1 1 ) Group 1. Information or material orlg-
inatect by foreign governments or interna-
tional, organizations and over which the
United States Government has no jurisdic-
tion information or material provided for by
statutes such as the Atomic Energy Act
Isection 201 1 et seq. of Title 42. The Public
Health and Welfare and information or ma-
terial requiring special handling, such as In-
telligence and cryptography. This Informa-
tion and material is excluded from auto-
matic downgrading or declassification.
(2) Group 2 Extremely sensitive Informa-
tion or material which the head of the agency
or his designers exempt on an Individual
basis, from automatic downgrading and de-
classification.
( 3 1 Group 3. Information or material which
• • • Indefinite period. Such information or
material shall become automatically down-
graded at 12-year Intervals until the lowest
classification is reached, but shall not become
automatically declassified.
(4) Group 4. Information or material which
does not qualify for. or Is not assigned to.
one of the first three groups. Such informa-
tion or material shall become automatically
downgraded at three-year Intervals until the
lowest classification Is reached, and shall be
automatically declassified twelve years after
date of Issuance.
To the fullest extent practicable, the clas-
sifylag authority shall Indicate on the infor-
mation or material at the time of original'
ciassificatiqn if it can be downgraded or de-
classified at au earlier date, or if it can be
do .VI graded or declassified after a specified
eve^t, or up.^n the removal of classified at-
tachments or enclosures. The heads, or their
designees, of departments and agencies in
possession of deiease information or material
classified pursuant to this order, but not
bearing markings lor automatic downgrading
or decla.-sification, are hereby authorized to
mark or designate fcr automatic downgrad-
i -g or declassiacation such informatio i or
material In accorda. ce with the rules cr reg-
ulaiio;.s established by the departmeiit or
agency that originally classified such Infor-
matloa or material.
O) Non-Automatic Cha.-.ges. The person
designated to receive requests for review of
Classified material may downgrade or de-
classify such ma.erial when circumstar.ces no
longer warrant its rete.itlon i.i its origi.ial
cla.siflcatioa provided the consent of the
appropriate class fyl ig authority has been
obtaii.ed. The dow. grading or declassification
of extracts fr'm or paraphrases of classified
doiumeats shall a'so require the consent of
the appropriaii classifying authority unless
the agency makl.g such extracts k o'.vs pos.-
il eiy that they warrant a classr:cat on lower
than that of the d cument from which ex-
tracted, or that they are not classified.
(C) Material Officially Transferred. In the
case of material transferred by or pursuant
to statute or Executive order from one statute
or Executive order from o e department or
agency to another for the latter's use and as
, part cf its official files or property, as dis-
I tlngulshed from transfers merely for pur-
poses of storage, the receiving department
or agency shall be deemed to be the clas.slfv-
ing authority for all purposes under this or-
der, including declassification and downgrad-
ing.
(d) Material Not Glacially Transferred.
\Vhe:i any department or age.xy has in its
possession any classified material which has
become five years old, and it appears ( 1 ) that
such material orlglnateu In an agency which
has since become defunct and whose files
and other property have not been officially
transferred to another department or agency
within the meaning of subsection (c) , above,
or (2) that it is impossible for the processing
department or agency to Identify the origi-
nating agency, and (3) t. review of the ma-
terial Indicates that it should be downgraded
or declassified, the said possessing depart-
ment or agency shall have power to declassify
or downgrade such material. If it appears
probable that another department or agency
may have a substantial Interest in whether
the classification of any particular Informa-
tion should be maintained, the poesesslng
department or agency shall not exercise the
power conferred upo^ it by this subsection,
except with the consent of the other depart-
ment or agency, until thirty days after it has
notified such other department or agency of
the nature of the material and of its inten-
tion to declassify or downgrade the same.
During such thirty-day period the other de-
partment or agency may, If it so desires, ex-
press its objections to declassifying or down-
grading the particular material, but the
power to make the ultimate decision shall re-
side In the possessing department or agency.
(e) Information or Material Transmitted,
by Electrical Means. The downgrading or de-
classification of classified Information or
material transmitted by electrical means
shall be accomplished in accordance with
the procedures described above unless spe-
cifically prohibited by the originating de-
partment or agency. Unclassified Information
or materlfil which Is transmitted In en-
crypted form shall be safeguarded and han-
dled in accordance with the regulations ot
the originating department or agency.
(f ) Downgrading. If the recipient of clas
sified material believes that It has been clas
sifted too highly, he may make a request to
the reviewing official who may downgrade or
declassify the material after obtaining the
CO se t of the appropriate classifying au
thorlty.
, (g) Upgrading. If the recipient of unclas-
;slfied Information or mr terial believes that
it .should be clasr.ified, or If the recipient of
classified information or material bel'eves
that its classification is not sufficiently pro-
tectlve, it shall be safeguarded in accordance
with the classification deemed appropriate
and a request made to the reviewing official
who may classify the nformatlon or material
or upgrade the classificaticn after obtaining
the consent of the appropriate classifying
a frority. The date of this a.tio sh:l) co-w
stllute a new date of origin insofar as the
Uowngrading or declassification schedule
(paragraph (a) above) Is concerned.
(h) Department and Agencies Which Do
Not Have Authority for Original Classifica-
tion. The provisions of 'his section relating
to the classification of f^efrnse Information
or material shall apply to departments or
agencies which do not. under the terms of
this order, have authori y for original clas-
sification cf information or material, but
w i he formerly classlfiec* information
or material pursuant to Executive Order No
10230 of Ssptember 24, 1951.
(i) Notification cf Change In Classifica-
tion. In all cases in which action is taken by
the reviewing official to downgrade or declas-
sify earlier than calleU for by the automatic
downgrading declassification stamp, the re-
viewing official shall promptly notify all ad-
dressees to whom the information or mate-
rial was originally transmitted. Recipients of
original information or material, upon re-
ceipt of notification of change in classifica-
tion, shall notify addresses to whom they
have transmitted the classified information
or material.
Sec. 5. Marking of Classified Material. After
a determination of the proper defense clas-
sification to be assigned has been made in
accordance with the provisions of this order
the classified material shall be marked as
follows :
(a) Downgrading-Declasslficatlon Mark-
ings. At the time of origination, all classified
information or material shall be marked to
indicate the downgradlng-declassificatlon
schedule to be followed in accordance with
paragraph la) of section 4 of this order.
(b) Bound Documents. The assigned de-
fense classification on bound documents,
such as books or pamphlets, the pages of
which are permanently and securely fas-
tened together, shall be conspicuously
marked or stamped on the outside of the
front cover, on the title page, on the first
page, on the back page and on the outside
of the back cover. In each case the markings
shall be applied to the top and bottom of the
page or cover.
(c) Unbound Documents. The assigned
defense classification on unbound docu-
ments, such as letters, memoranda, reports,
telegrams, and other similar documents, the
pages of which are not permanently and
securely fastened together, shall be conspic-
uously marked or stamped at the top and
bottom of each page, in such manner that
the marking will be clearly visible when the
pages are clipped or stapled together.
(d) Charts, Maps and Drawings. Classified
charts, maps, and drawings shall carry the
legend, title block, or scale in such manner
that It will be reproduced on all copies made
therefrom. Such classification shall also be
marked at the top and bottom in each
Instance.
(e) Photographs, Films and Recordings.
Classified photographs, films, and recordings,
and their containers, shall be conspicuously
and appropriately marked with the assigned
defense classification.
January 9, 1973
CONGRESSIONAL RECORD — SEN ATE
607
(f) Products or Substance. The assigned
defense classification shall be conspicuously
marked on classified products or substances,
If possible, and on their containers, If pos-
sible, or, if the article or container cannot be
marked, written notification of such classi-
fication shall be furnished to recipients of
such products or substances.
(g) Reproductions. All copies or reproduc-
tions of classified material shall be appro-
priately marked or stamped In the same
manner as the original thereof.
(h) Unclassified Material. Normally, un-
classified material shall not be marked or
stamped Unclassified unless it is essential to
convey to a recipient of such material that it
has been examined specifically with a view to
imposing a defense classification and has
been determined not to require such classi-
fication.
(i) Change or Removal of Classification.
Whenever classified material Is declassified,
downgraded, or upgraded, the material shall
be marked or stamped In a prominent place
to reflect the change in classification, the
authority for the action, the date of action,
and the identity of the person or unit taking
the action. In addition, the old classification
marking shall be cancelled and the new clas-
sification (if any) substituted therefor.
Automatic change In classification shall be
Indicated by the appropriate classifying au-
thority through marking- or stamping in a
prominent place to reflect Information speci-
fied in subsection 4 (n) hereof.
(J) Material Furnished Persons not In the
Executive Branch of the Government. When
classified material affecting the national de-
fense is furnished authorized persons. In or
out of Federal service, other than those In
the executive branch, the following notation.
In addition to the assigned classification
marking, shall whenever practicable be
placed on the material, on its container, or
on the written notification of Its assigned
classification:
This material contains Information affect-
ing the national defense of the United States
within the meaning of the espionage laws.
Title 18, U.S.C, Sees. 703 and 704, the trans-
mission or revelation of which In any man-
ner to an unauthorized person is prohibited
by law.
Use of alternative marking concerning "Re-
stricted Data" as defined by the Atomic
Energy Act [sections 1801-1810 of Title 42)
is authorized when appropriate.
Sec. 6. Custody and Safekeeping. The pos-
session or use of classified defense Informa-
tion or material shall be limited to locations
where facilities for secure storage or protec-
tion thereof are available by means of which
unauthorized persons are prevented from
gaining access thereto. Whenever such in-
formation or material Is not under the per-
sonal supervision of Its custodian, whether
during or outside of working hours, the fol-
lowing means shall be taken to protect it:
(a) Storage of Top Secret Information
and Material. As a minimum. Top Secret
defense Information and material shall be
stored in a safe or safe-type steel file con-
tainer having a three-position dlaltype com-
bination lock, and being of such weight size,
construction, or Installation as to minimize
the possibility of unauthorized access to,
or the physical theft of such Information and
material. The head of a department or agency
may approve other storage facilities which
afford equal protection, such as an alarmed
area, a vault, a vault-type room, or an area
under continuous surveillance.
(b) Storage of Secret and Confidential
Information and Material. As a minimum,
Secret and Confidential defense information
and material may be stored In a manner au-
thorized for Top Secret Information and
material, or In steel file cabinets equipped
with st«el lockbar and changeable three-
combination dial -type padlock or in other
storage facilities which afford equal protec-
tion and which are authorized by the head
of the department or agency.
(c) Storage or Protection Equipment.
Whenever new security storage equipment Is
procured. It should, to the maximum extent
practicable, be of the type designated as
security filing cabinets on the Federal Sup-
ply Schedule of the General Service Ad-
ministration.
(di Other Classified Material. Heads of
departments and agencies shall prescribe
such protective facilities as may be neces-
sary in their departments or agencies for
material originating under statutory provi-
sions requiring protection of certain infor-
mation.
(e) Changes of Lock Combinations. Com-
binations on locks of safekeeping equipment
shall be changed, only by persons having ap-
propriate security clearance, whenever such
equipment is placed in use after procure-
ment from the manufacturer or other
sources, whenever a person knowing the com-
bination is transferred from the office to
which the equipment Is assigned, or when-
ever the combination has been subjected to
compromise, and at least once every year.
Knowledge of combinations shall be limited
to the minimum number of persons neces-
sary for operating purposes. Records of com-
binations shall be classified no lower than
the highest category of classified defense
material authorized for storage in the safe-
keeping equipment concerned.
(f) Custodian's Responsibilities. Custo-
dians of classified defense material shall be
responsible for providing the best possible
protection and accountability for such ma-
terial at all times and particularly for
securely locking classified material is ap-
proved safekeeping equipment whenever it
is not in use or under direct supervision of
authorized employees. Custodians shall fol-
low procedures which Insure that unau-
thorized persons do not gain access to classi-
fied defense Information or material by sight
or sound, and classified Information shal! not
be discussed with or in the presence of
unauthorized persons.
(gi Telephone Conversations. Defense
Information classified in the three cate-
gories under the provisions of this order
shall not be revealed In telephone con-
versation, except as may be authorized
under section 8 hereof with respect to the
transmission of Secret and Confidential
material over certain military communica-
tions circuits.
(h) Loss or Subjection to Compromise,
Any person in the executive branch who
has knowledge of the loss or possible sub-
jection tt) compromise of classified defense
Information shall promptly report the cir-
cumstances to a designated official of his
agency, and the latter shall take appropri-
ate action forthwith, including advice to the
originating department or agency.
Sec. 7. Accountability and Dissemination.
Knowledge or possession of classified defense
Information shall be permitted only to per-
sons whose official duties require such access
In the Interest of promoting national defense
and only if they have been determined to
be trustworthy. Proper control of dissemina-
tion of classified defense Information shall
be maintained at all times. Including good
accountability records of classified defense
Information documents, and severe limitation
on the number of such documents originated
as well as the number of copies of classified
defense Information documents shall be kept
to a minimum to decrease the risk of com-
promise of the Information contained In such
documents and the financial burden on the
Government In protecting such documents.
The following special rules shall be observed
in connection with accountability for and
dissemination of defense Information or ma-
terial :
(a) Accountability Procedures Heads of de-
partments and agencies shall prescribe such
accountability procedures as are necessary
to control effectively the dissemination of
classified defense Information, with partic-
ularly severe control on material classified
Top Secret under this order. Top Secret Con-
trol Officers shall be designated, as required,
to receive, maintain accountability registers
of, and dispatch Top Secret material.
(b) Dissemination Outside the Executive
Branch, Classified defense information shall
not be disseminated outside the executive
branch except under conditions and through
channels authorized by the head of the
disseminating department or agency, even
though the person or agency to which dis-
semination of such Information Is proposed
to be made may have been solely or partly
responsible for its production.
(c) Information Originating in Another
Department or Agency. Except as otherwise
provided by section 102 of the National Se-
curity Act of July 26. 1947, c. 343. 61 Stat.
498. as amended, | section 403 of this title],
clEisslfied defense Information originating In
another department or agency shall not be
disseminated outside the receiving depart-
ment or agency without the consent of the
originating department or agency. Docu-
ments and material containing defense in-
formation which are classified Top Secret or
Secret shall not be reproduced without the
consent of the originating department or
agency.
Sec. 8. Transmission. For transmission out-
side of a department or agency, classified de-
fense material of the three categories origi-
nated under the provisions of this order shall
be prepared and transmitted as follows:
(a) Preparation for Transmission. Such
material shall be enclosed In opaque inner
and outer covers. The Inner cover shall be a
sealed wrapper or envelope plainly marked
with the assigned classification and address.
The outer cover shall be sealed and addressed
with no Indication of the classification of Its
contents. A receipt form shall be attached
*to or enclosed In the Inner cover, except that
Confidential material shall require a receipt
only if the sender deems It necessary. The
receipt form shall Identify the addressor, ad-
dressee, and the document, but shall contain
no classified Information. It shall be signed
by the proper recipient and returned to the
sender.
(b) Transmitting Top Secret Material. The
transmission of Top Secret material shall be
effected preferably by direct contact of offi-
cials concerned, or. alternatively, by specifi-
cally designated personnel, by State Depart-
ment diplomatic pouch, by a messenger-cou-
rier system especially crsated for that pur-
pose, or by electric means in encrypted form;
or ln,^e case of Information transmitted by
the Federal Bureau of Investigation, such
means of transmission may be used as are
currently approved by the Director, Federal
Bureau of Investigation, unless express res-
ervation to the contrary Is made In excep-
tional cases by the originating agency.
(c) Transmitting Secret Information and
Material. Secret Information and material
shall be transmitted within and between the
forty-eight contiguous States and the Dis-
trict of Columbia, or wholly within Alaska,
Hawaii, the Commonwealth of F>uerto Rico,
or a United States possession, by one of the
means established for Top Secret information
and material, by authorized courier, by
United States registered mall, or by the use
of protective services provided by commercial
carriers, air or surface, under such conditions
as may be prescribed by the head of the de-
partment or agency concerned. Secret Infor-
mation and material may be transmitted out-
side those areas by one of the means estab-
lished for Top Secret information and mate-
rial, by commanders or masters of vessels of
United States registry, or by the United
States registered mall through Army, Navy,
Air Force, or United States civil postal facili-
ties; provided that the information or m«e-
608
i
CONGRESSIONAL RECORD — SENATE
January 9, 1973
rial dCM is not at any time pass out of United
States Government control and does not pass
through a foreign postal system. For the pur-
poses ol this section registered mall In the
custody of a transporting agency of the
United States Post Office Is considered within
United States Government control unless the
transporting agent Is foreign controlled or
operated. Secret 1/iformatlon and material
may. however, be transmitted between United
States Government or Canadian Government
installations, or both. In the forty-eight con-
tiguous States, the District of Columbia.
Alaska, and Canada by United States and
Canadian registered mall with registered
mail receipt. Secret information and material
rr.ay also be transmitted over communica-
tions circuits in accordance with regula-
tions promulgated for such purpose by the
Secretary of Defense.
(di Transmitting Confidential Information
and Matertal. Confidential information and
material shall be transmitted within the
forty-eight contiguous States with the Dis-
trict of Columbia, or wholly within Alaska,
Hawaii, the Commonwealth of Puerto Rico,
or a United States possession, by one of the
means established for higher classifications,
or by certified or first-class mall. Outside
those areas Confidential information and
material shall be transmitted In the same
manner as authorized for higher classifica-
tions.
I e I Within an Agency. Preparation of clas-
sified defense material for transmission, and
transmission of it, within a department or
agency shall be governed by regulations.
Issued by the head of the department or
agency. Insuring a degree of security equiv-
alent to that outlined above for transmission
outside a department or agency.
Sec. 9. Disposal and Destruction. Docu-
mentary record material made or received by
a department or agency in connection with
trans,-»ction of public business and preserved
as evidence of the organization, functions,
policies, operations, decisions, procedures or
other activities of any department or agency
of the Government or because of the Infor-
mational value of the data contained therein,
may be destroyed only in accordance with the
act' of July 7" 1943, "p. 192. 57 Stat. 380. as
amended (sections 366-380 of Title 44).
Nonrecord classified material, consisting of
extra copies and duplicates including short-
hand notes, preliminary drafts, used carbon
paper, and other material of similar tempo-
rary nature, may be destroyed, under proce-
dures established by the head of the depart-
ment or agency which meet the following
requirements, as soon as It has served Its
purpose:
'a) Methods of Destruction. Classified de-
fense material shall be destroyed by burning
in the presence of an appropriate official or
by other methods authorized by the head of
an agency provided the resulting destruction
is equally complete.
(b) Records of Destruction. Appropriate
^countablUty records maintained In the de-
partment or agency shall reflect the destruc-
tion of classified defense material.
Sec. 10. Orientation and Inspection. To
promote the basic purposes of this order,
heads of those departments and agencies
originating or handling classified defense In-
formation shall designate experienced per-
sons to coordinate aHd supervise the activi-
ties applicable to their departments or agen-
cies under this order. Persons so designated
shall maintain active training and orienta-
tion programs for employees concerned with
classified defense information to impress
each such employee with his individual re-
sponsibility for exercising vigilance and care
in complying with the provisions of thfs
order. Such persons shall be authorized on
behalf of the heads of the departments and
agencies to establish adequate and active In-
spection programs to the end that the pro-
. I
visions of this order are administered effec-
tively.
Sec. 11. Interpretation of Regulations by
the Attorney General. The Attorney General,
upon request of the head of a department
or agency or his duly designated representa-
tive, shall personally or through authorized
representatives of the Department of Justice
render an interpretation of these regulations
In connection with any problems arising out
of their administration.
Sec. 12. Statutory Requirements. Nothing
In this order shall be construed to authorize
the dissemination, handling or transmission
of classified information contrary to the pro-
visions of any statute.
Sec. 13. "Restricted Data," Material For-
merly Designated as "Restricted Data," Com-
munications Intelligence and Cryptography,
(a) Nothing in this order shall supersede any
requirements made by or under the Atomic
Energy Act of August 30. 1954, as amended
(section 2011 et seq. of Title 42, The Public
Health and Welfare). "Restricted Data," and
material formerly designated as "Restricted
Data," shall be handled, protected, classified,
downgraded, and declassified in conformity
with the provisions of the Atomic Energy Act
of 1954, as amended, and the regulations of
the Atomic Energy Commission.
(b) Nothing in this order shall prohibit
any special requirements that the originat-
ing agency or other appropriate authority
may impose as to communications Intelli-
gence, cryptography, and matters related
thereto.
Sec. 14. Combat Operations. The provisions
of this order with regard to dissemination,
transmission, or safekeeping of classified de-
fense Information or material may be so
modified In connection with combat or com-
bat-related operations as the Secretary of
Defense may by regulations prescribe.
Sec. 15. Exceptional Cases. When, in an
exceptional case, a person or agency not au-
thorized to classify defense information orig-
inates Information which Is believed to re-
quire classification, such person or agency
shall protect that Information in the manner
prescribed by this order for that category of
classified defense Information Into which It
13 believed to fall, and shall transmit the In-
formation forthwith, under appropriate safe-
guards, to the department, agency, or person
having both the authority to classify in-
formation and a direct official Interest In
the Information, agency, or person to which
the information would be transmitted in
the ordinary course of business, with a re-
quest that such department, agency, or per-
son classify the information.
Historical Research. As an exception to
the standard for access prescribed In the
first sentence of section 7, but subject to all
other provisions of this order, the head of
an agency may permit persons outside the
executive branch performing functions in
connection with historical research projects
to have access to classified defense informa-
tion originated within his agency if he deter-
mines that: (a) access to the information
will be clearly consistent with the Interests
of national defense, and (b) the person to
be granted access is trustworthy: Provided
that the head of the agency shall take ap-
propriate steps to assure that classified in-
formation Is not published or otherwise com-
promised.
Sec. 16. Review to Insure That Information
is Not Improperly Withheld Hereunder. The
President shall designate a member of his
staff who shall receive, consider, and take
action upon, suggestions or complaints from
non-Government sources relating to the op-
eration of this order.
Sec. 17. Review to Insure Safeguarding of
Classified Defense Information. The National
Security Council shall conduct a continuing
review of the implementation of this order
to Insure that classified defense information
Is properly safeguarded, in conformity here-
with.
Sec. 18. Review Within Departments and
Agencies. The head of each department and
agency shall designate a member or members
of his staff who shall conduct a continuing
review of the implementation of tins order
within the'department or agency concerned
to Insure that no information is withheld
hereunder which the people of the United
States have a right to know, and to insure
that classified defense information is prop-
erly safeguarded in conformity herewith.
Sec. 19. Unauthorized Disclosure by Gov-
ernment Personnel. The head of each de-
partment and agency Is directed to take
prompt and stringent administrative action
against any officer or employee of the United
States, at any level of employment, deter-
mined to have been knowl:igiy responsible
for any release or disclosure of classified de-
fense information or material except in the
manner authorized by this order, ar.d where
a violation of criminal statutes may be in-
volved, to refer promotly to the Department
of Justice any such case.
Sec. 20. Revocation of Executive Order No.
10200. Executive Order No. 10290 of Septem-
ber 24, 1951 (set out as a note under this
section) is revoked as of the effective date
of this order.
Sec. 21. Effective Date. This order shall be-
come effective on December 15, 1953.
EXECUTtVE ORDER NO. 10365 — SAFEGUARDING
CLASSIFIED INFORMATION WITHIN INDUSTRY
Feb. 23, 1960, 25 F.R. 1583, as amended
by Ex. Ord. No. 10909, Jan. 18. 1961, 26 F.R,
508; Ex. Ord. No. 11382, Nov. 28, 1967 32
F.R. 16247.
Whereas it is mandatory that the United
States protect Itself against hostile or de-
structive activities by preventing unau-
thorized disclosures of classified informa-
tion relating to the national defense; and
Whereas it Is a fundamental principle of
our Government to protect the interests of
individuals against unreasonable or unwar-
ranted encroachment; and
Whereas I find that the provisions and
procedures prescribed by this order are neces-
sary to assure the preservation of the Integ-
rity of classified defense information and to
protect the national interest: and
Whereas I find that those provisions and
procedures recognize the Interest of In-
dividuals affected thereby and provide max-
imum possible safeguards to protect such
interests:
Now, therefore, under and by virtue of
the authority vested in me by the Constitu-
tion and statutes of the United States, and
as President of the United States and as
Commander in Chief of the armed forces
of the United States, it Is hereby ordered as
follows:
Section 1. (a) The Secretary of State, the
Secretary of Defense, the Commissioners of
the Atomic Energy Commission, the Admin-
istrator of the National Aeronautics and
Space Administration, and the Secretary of
Transportati.on, respectively, shall, by regula-
tion, prescribe such specific requirements, re-
strictions, and other safeguards as they con-
sider necessary to protect (1) releases of
classified Information to or within United
States Industry that relate to bidding on,
or the negotiation, award, performance, or
termination of. contracts with their respective
agencies, and (2) other releases of classified
information to or within Industry that such
agencies have responsibility for safeguarding.
So far as possible, regulations prescribed by
them under this order shall be uniform and
provide for full cooperation among the agen-
cies concerned.
(b) Under agreement between the Depart-
ment of Defense and any other department
or agency of the United States, including,
but not limited to, those refererd to in sub-
section (c) of this section, regulations pre-
Janiiarij 9, 1973
CONGRESSIONAL RECORD — SENATE
609
scribed by the Secretary of Defense under
subsection (a) of this section may be ex-
tended to apply to protect releases (1) of
classified information to or within United
States Industry that relate to bidding on, or
the negotiation, award, performance, or ter-
mination of, contracts with such other de-
partment or agency, and (2) other releases of
classified information to or within Industry
which such other department or agency has
responsibility for safeguarding.
(c) When used In this order, the term
"head of a department" means the Secre-
tary of State, the Secretary of Defense, the
Commissioners of the Atomic Energy Com-
mission, the Administrator of the National
Aeronautics and Space Administration, the
Secretary of Transportation, the head of any
other department or agency of the United
States with which the Department of De-
fense makes an agreement under subsection
(b) of this section, and in sections 4 and
8. includes the Attorney General. The term
"department" means the Department of
State, the Department of Defense, the
Atomic Energy Commission, the National
Aeronautics and Space Administration, the
Department of Transportation, any other de-
partment or agency of the United States
with which the Department of Defense
makes an agreement under subsection (b)
of this section, and, in sections 4 and 8, in-
cludes the Department of Justice.
Sec 2. An authorization for access to clas-
sified information may be granted by the
head of a department or his designee, Includ-
ing but not limited to, those officials named
m section 8 of this order, to an Individual,
hereinafter termed an "applicant," for a
specific classification category only upon a
finding that it Is clearly consistent with the
national Interest to do so.
Sec 3. Except as provided In section 9
of this order, an authorization for access to
a specific classification category may not be
finally denied or revoked by the head of a
department or his designee, including, but
not limited to, those officials named In sec-
tion 8 of this order, unless the applicant
has been given the following:
(1) A written statement of the reasons
why his access authorization may be denied
or revoked, which shall be as comprehensive
and detailed as the national security permits.
(2) A reasonable opportunity to reply in
writing under oath or afflrmktlon to the
statement of reasons. '^
(3) After he has filed under oa^ or affir-
mation a WTitten reply to the statement of
reasons, the form and sufficiency of which
may be prescribed by regulations Issued by
the head of the department concerned, an
opportunity to appear personally before the
head of the department concerned or his
designee. Including, but not limited to, those
officials named in section 8 of this order, for
the purpose of supporting his ellglbllitv for
access authorization and to present evidence
on his behalf.
(4) A reasonable time to prepare for that
appearance.
(5) An opportunity to be represented by
counsel.
(6) An opportunity to cross-examine per-
sons either orally or through written inter-
rogatories In accordance with section 4 on
matters not relating to the characterization
in the statement of reasons of any organiza-
tion or individual other than the" applicant.
(■?) A written notice of the final decision
m his case which, if adverse, shall specify
Whether the head of the department or his
designee. Including, but not limited to, those
Officials named in section 8 of this order,
round for or against him with respect to each
allegation in the statement of reasons.
Sec. 4. (a) An applicant shall be afforded
an opportunity to cross-examine persons who
have made oral or written statements ad-
i-!Tj'^° *^® applicant relating to contro-
verted issue except that any such statement
may be received and considered without af-
CXIX 39— Part 1
fording such opportunity in- the circum-
stances described In either of the foUowlng
paragraphs :
(1) The head of the department supplying
the statement certifies that the person who
furnished the Information Is engaged In ob-
taining intelligence information for the Gov-
ernment and that disclosure of his identity ,
would be substantially harmful to the na-
tional interest.
(2) The head of the department concerned
or his special designee for that particular
purpose has preliminarily determined, after'
considering information furnished by the
investigative agency Involved as to the re^
liability of the person and the accuracy di
the statement concerned, that the statement
concerned appears to be reliable and ma-
terial, and the head of the department or
such special designee has determined that
failure to receive and consider such state-
ment would, in view of the level of access
sought, be substantially harmful to the na-
tional security and that the person who fur-
nished the Information cannot appear to
testify (A) due to death, severe Illness, or
simUar cause. In which case the Identity
of the person and the Information to be
considered shall be made available to the
applicant, or (B) due to some other cause
determined by the head of the department
to be good and sufficient.
(b) Whenever procedures under para-
graphs (1) or (2) of subsection (a) of this
section are used (1) the applicant shall be
given a summary of the Information which
shall be as comprehensive and detailed as the
national security permits, (2) appropriate
consideration shall be accorded to the fact
that the applicant did not have an oppor-
tunity to cross-examine such person or per-
sons, and (3) a final determination adverse
to the applicant shall be made only by the
head of the department based upon his per-
sonal review of the case.
Sec. 5. (a) Records compiled In the reg-
ular course of business, or other physical
evidence other than Investigative reports,
may be received and considered subject to
rebuttal without authenticating witnesses
provided that such Information has been
furnished to the department concerned by an
investigative agency pursuant to its responsi-
bilities In connection with assisting the head
of the department concerned to safeguard
classified information within Industry pur-
suant to this order.
(b) Records compiled in the regular course
of business, or other physical evidence other
than Investigative reports, relating to a con-
troverted Issue which, because they are clas-
sified, may not be Inspected by the applicant,
may be received and considered provided
that: (1) the head of the department con-
cerned or his special designee for that pur-
pose has made a preliminary determination
that such physical evidence appears to be
material. (2) the head of the department
concerned or such designee has made a deter-
mination that failure to receive and con-
sider such physical evidence would. In view
of the level of access sought, be substan-
tially harmful to the national security, and
(3) to the extent that the national security
permits, a summary or description of such
physical evidence is made available to the
applicant. In every such case, information as
to the authenticity and accuracy of such
physical evidence furnished by the investiga-
tive agency Involved shall be considered. In
such instances a final determination adverse
to the applicant shall be made only by the
head of the department based upon his per-
sonal review of the case.
Sec. 6. The Secretary of State, the Secre-
tary of Defense, the Administrator of the Na-
tional Aeronautics and Space Administra-
tion, the Secretary of Transportation, or his
representative, or the head of any other de-
partment or agency of the United States with
which the Department of Defense makes an
agreement under section 1(b), or his rep-
resentative, may issue, in appropriate cases,
Invitations and requests to appear and testi-
fy in order that the applicant may have the
opportunity to cross-examine as provided by
his order. Whenever a witness is so invited or
requested to appear and testify at a pro-
ceeding and the witness Is an officer or em-
ployee of the executive branch of the Gov--
ernment or a member of the armed forces of
the United States, and the proceeding in-
volves the activity in connection with which
the witness is employed, travel expenses and
per diem are authorized as provided by the
Standardized Government Travel Regula-
tions or the Joint l1S*\-el Regulations, as ap-
propriate. In all other cases (including non-
Government employees as well as officers or
employees of the executive branch of the
Government or members of the armed forces
of the United States not covered by the fore-
going sentence), transportation in kind and
reimbursement for actual expenses are au-
thorized in an amount not to exceed the
amount payable under Standardized Gov-
ernment Travel Regulations. An officer or
employee of the executive branch of the Gov-
ernment or a member of the armed forces of
the United States who is invited or requested
to appear pursuant to this paragraph shall
be deemed to be In the performance of his
official duties. So far as the national security
permits, the head of the investigative agency
involved shall cooperate with the Secretary
the Administrator, or the head of the other
department or agency, as the case may be
in Identifying persons who have made state-
ments adverse to the applicant and In ssist-
ing him in making them available for cross-
examination. If a person so invited Is an
officer or employee of the executive branch
of the Government or a member of the
armed forces of the United States, the head
Of the department or agency concerned shall
cooperate In making that person available
for cross-examination.
Sec. 7. Any determination under this order
adverse to an applicant shall be a determl-
nat on in terms of the national interest and
shal in no sense be a determination as to
the loyalty of the applicant concerned
Sec. 8. Except as otherwise specified In the
preceding provisions of this order, anv au-
hvTi^rl ''T^'^ '" '^^ ^^""^ °^ « department
by this order may be delegated to the-
(1 ) Under Secretary of State or a Deputy
Under Secretary of State, In the case of au-
thority vested in the Secretarv of State
(2) Deputy Secretary of Defense or an
Assistant Secretary of Defense, in the case
of authority vested in the Secretarv of De-
fense: "
(3) General Manager of the Atomic Energy
Prf^H o °"' '" ^^^ "^^^ °^ authority vested
in the Commissioners of the Atomic Energy
Commission; °^
(4) Deputy Administrator of the National
Aeronautics and Space Administration, in
iiltof ^ °/ authority vested in the Admin-
^n« '*i'^'^^ National Aeronautics and
Space Administration;
(5) Under Secretary of Transportation, in
the case of authority vested in the Secretarv
of Transportation: •
'6) Deputy Attorney General or an Assist-
ant Attorney General, In the case of author-
ity vested Ui the Attornev General- or
(7) the deputy of that department, or the
principal assistant to the head of that de-
partment, as the case may be. In the case
of authority vested in the head of a depart-
ment or agency of the United States with
which the Department of Defense makes nn
agreement under section 1(b).
Sec. 9. Nothing contained in this order
shall be deemed to limit or affect the re-
sponsibility and powers of the head of a de-
partment to deny or revoke access to a
specific classification category if the secu-
rity of the nation so requires. Such author-
ity may not be delegated and may be exer-
cised only when the head of a department
610
CONGRESSIONAL RECORD — SENATE
January 9, 1973
determines that the procedures prescribed
In sections 3, 4. and 5 cannot be Invoked
consistently with the national security and
such determination shall be conclusive.
DwiGHT D. Eisenhower.
EXECUTIVE ORDER NO. 10985 AMENDMENT OP
EXECUTIVE ORDER NO. 10501, RELATING TO
SAFEGUARDING OFFICIAL INFORMATION
Jan. 15. 1962. 27 F.R. 439.
By virtue of the authority vested In me
by th» Constitution and statutes of the
United States, and as President of the United
States, and deeming such action necessary In
the best Interest of tlie national security, It
Is ordered that section 2 of Executive Order
No. 10501 of November 5. 1953, as amended
by Executive Order No. 10901 of January 9,
1961 [set out £is a note under this section],
be. and It Is hereby, further amended as fol-
lows :
Section 1. Subsection (a) of section 2 Is
amended 1 1 ) by deleting from the list of de-
partments and agencies thereunder the Op-
erations Coordinating Board, the Office of
Civil and Defense Mobilization, the Inter-
national Cooperation Ad^nlstratlon. the
Council on Foreign Economic Policy, the De-
velopment Loan Fund, and the President's
Board of Consultants on Foreign Intelligence
Activities, and (2) by adding thereto the fol-
lowing-named agencies:
Agency for International Development
Office of Emergency Planning
Peace Corps
President's Foreign Intelligence AdvlsoFj-
Board
United States Arms Control and Disarma-
ment Agency
Sec. 2. Subsection (b) of section 2 Is
amended by deleting from the list of depart-
ments and agencies thereunder the Govern-
ment Patent Board, and by adding thereto
the following-named agency:
Federal Maritime Commission
Sec 3. The agencies which have been
added by this order to the lists of depart-
ments and agencies under subsections (a)
and' (b) of section 2 of Executive Order No.
10501. as amended (set out as a note under
this section], shall be deemed to have had
authority for classification of information or
material from the respective dates on which
such agencies were established.
John F. Kennedy.
i:<cctmvE order no. 11097 — amendment of
executive order no. 10501, RELATING TO
S.AFEGUAR.nNG OFFICIAL INFORM.VTION
Mar. 6. 1963. 28 FH. 2225.
By virtue of the authority vested In me by
the Constitution and statutes of the United
States, and as President of the United States,
and deeming such action necessary in the
best Interest of the national security, it Is
hereby ordered as follows:
Section 1. Section 2 of Executive Order No.
10501 of November 5. 1953. as amended by
Executive Order No. 10901 of January 9. 1961.
and by Executive Order No. 10985 of Janu-
.iry 12. 1962 (set out as a note under this
section]. Is hereby further amended (A) by
adding at the end of Subsection (a) Uiereof
"Export-Import Bank of WashlngtoiT^. "Of-
fice of Science and Technology", and "The
Special Renre.'^entcitlve for Trade Negotia-
tions": and (Bi by deleting from Subsection
(b) thereof "Subversive Activities Control
Board."
Sec. 2. The Export-Import Bank of Wash-
ington, the Office of Science and Technology,
and The Special Representative for Trade
Negotiations shall be deemed to have had
authority for the original classification of
information and material from the respective
dates on which such agencies were estab-
lished.
John P. Kennedy.
NOTES OF DECISIONS
Library references: War and National De-
fense— 40. CJ.S. War and National Defense
§48.
1. Classification of material: "Classifica-
tion" In security sense simply means decision
made by proper authority In Department of
Defense to put piece of defense information
or material into specific category that then
»akes It subject tp current regulations re-
garding safekeeping and dissemination.
Dubln V. U.S., 1966, 363 F. 2d 938. 176 Ct. CI.
702. certiorari denied 87 S. Ct. 1019, 386 U.S.
956. 18 L. Ed. 2d 103.
Purposes of classification system of De-
partment of Defense Is to safeguard infor-
mation from becoming known to potential
enemies of United States In Interest of na-
tional defense. Id.
Under section 783 of this title, prohibiting
communication of classified Information by
United States officers or employees to an
agent or representative of a foreign govern-
ment, the classification of documents Is not
required to be made personally by President
of United States or Secretary of State; an
Ambassador of United States Embassy had
authority to classify foreign sei-vlce dis-
patches, and dispatches as classified and
certified by the Ambassador were within
scope of section 783 of this title. Scarbeck v.
U.S., C.A.D.C. 1962 317 F.2d 546. certiorari
denied 83 S.Ct. 1897. 374 U.S. 856. 10 L. Ed.
2d 1077.
Foreign service dispatches classified as
"secret" or "confidential" pursuant to presi-
dential executive order and foreign service
manual were "classified as affecting the secu-
rity of the United States" within meaning
of section 783 of this title prohibiting a
United States officer or employees from com-
municating classified information to repre-
sentatives of a foreign government. Id.
3. Suspension of security clearance : De-
fense department order providing that will-^
ful failure or refusal of employee, needing
security clearance, to furnish Information
might prevent finding required for security
clearance in which event secunty clearance
would be suspended and further processing
of case discontinued, was not authorized by
any executive order or Congressional act.
Shoultz v. McNamara, D.C.Cal.l968, 282
F.Supp. 315.
Where, under defense department order.
employee whose security clearance was once
suspended had no further administrative or
Judicial remedy to challenge suspension, and
further processing of case was discontinued,
and where employer would no Icnger em-
ploy employee until clearance, suspension
was equivalent of fnal revocation and was
deprivation of employment and professional
risjits W'ithin liberty and property concepts
of U.S.C.A. Conct. Amend. 5. Id.
3. Procedure for redress: Tliat employee
whose security clearance and employment
had been suspended could obtai'i resump-
tion of processing of his case by answering
questions under processes which he be-
lieved to be unauthorized and unconstitu-
tional and which did raise serious constitu-
tional questions did not negate deprivation
cf employment and property rights within
liberty and property concepts of U.S.C.A.
Const. Amend. 5. ShOultz v. McNamara, D.C.
Cal. 1968. 282 F.Supp. 315.
4. Access to secret Information: Where
ccurt found that board followed imoroper
procedure In determining that emplovee of
government contractor wa.s nnt entitled to
clearance for access to secret Information
and In determining that, pending final dis-
position of case, employee was not author-
ized for clearance at any level, trial court
should have remanded the case for further
prticeeclings but should not have ordered
that pending such proceedings employee be
given clearance for access to secret infor-
mation. McNamara v. Remenyl, C.A.Cal.l968,
391 P.2d 128.
espionage act
Source: U.S. Laws. Statutes, etc. United
States Code. 1969 ed.. containing the general
and permanent laws of the United States, in
force on January 3. 1965. Prepared and pub-
lished ... by the Committee on the Ju-
diciary of the House of Representatives
Washington. U.S. Govt. Print. Off., 1965 (v
4, title 18, Crimes and Criminal Procedure
chapter 37. pages 3574-9 ) .
Chapter 37. — ESPIONAGE AND
CENSORSHIP
Sec.
792. Harboring or concealing persons.
793. Gathering, transmitting or losing de-
fense information.
794. Gathering or delivering defense infor-
mation to aid foreign government.
795. Photographing and sketching defense
Installations.
796. Use of aircraft for photographing de-
fense installations.
797. Publication and sale of photographs of
defense Installations.
798. Disclosure of classified Information.'
798. Temporary extension of section 794.'
799. Violation of regulations of National
Aeronautics and Space Administra-
tion.
Amendments
1961— Pub. L. 87-369, §2, Oct. 4, 1961, 75
Stat. 795. deleted item 791,
1958 — Pub. L. 85-568. title III. § 304(c) (2),
July 29. 1958. 72 Stat. 434. added item 799^
1953— Act June 30. 1953, ch. 175, § 3. 67
Stat. 133. added second Item 798.
1951— Act Oct. 31. 1951, ch. 655, 5 23. 65
Stat. 719, added Item 798.
§791. Repealed. Pub. L. 87-369, § 1, Oct. 4,
1961, 75 Stat. 795.
Section, act June 25, 1948, ch. 645, 62 Stat.
736, related to the application of the chapter
within the admiralty and maritime jurisdic-
tion of the United States, on the high seas,
and within the United States.
§ 792. Harboring or concealing persons.
Whoever harbors or conceals any person
who he knows, or has reasonable grounds
to believe or suspect, has committed, or is
about to commit, an offense under section-s
793 or 794 of this title, shall be fined not
more than $10,000 or Imprisoned not more
than ten years, or both. (June 25, 1948, ch.
645, 62 Stat. 736.) '
Legislative History
Reviser's Note. — Based on section 35 of
title 50, U.S.C. 1940 ed., War and National
Defense (June 15. 1917. ch. 30, title I. § 5. 40
Stat. 219; Mar. 28 1940, ch. 72 § 2, 54 Stat.
•79).
Similar harboring and concealing lai^guage
was added to section 2388 of this title.
Mandatory punishment provision was re-
phrased in the alternative.
Indictment for violating this section and
sections 793, 794; limitation period
Act Sept. 23. 1950. ch. 1024, § 19. 64 Stat.
1005. provides that an Indictment for any
violation of this section and sections 793 and
794 of this title, other than a violation con-
stituting a capital offense, may be found at
any time within ten years next after such vio-
lation shall have been committed, but that
such section 19 shall not authorize prosecu-
tion, trial, or punishment for any offense
"now" barred by the provisions of existing
law.
Canal Zone
Applicability of section to Canal Zone, see
section 14 of this title.
Cross references
Federal retirement benefits, forfeiture upon
conviction of offenses described under this
section, see section 2282 of Title 5, Executive
Janiianj 9, 1973
CONGRESSIONAL RECORD — SENATE
611
' So enacted.
Departments and Government Officers and
Employees.
Forfeiture of veterans' benefits upon con-
viction under this section, see section 3505 of
Title 38, Veterans' Benefits.
Harboring and concealing, generally, see
section 1071 et seq. of this title.
Jurisdiction of offenses, see section 3241 of
thU title.
Misprision of felony, see section 4 of this
title.
§ 793. Gathering, transmitting or losing de-
fense Information.
(a I Whoever, for the purpose of obtaining
information respecting the national defense
with intent or reason to believe that the In-
formation is to be used to the Injury of the
United States, or to the advantage of any
foreign nation, goes upon, enters, flies over, or
otherwise obtains Information concerning
any vessel, aircraft, work of defense, navy
yard, naval station, submarine base, fueling
station, fort, battery, torpedo station, dock-
yard, canal, railroad, arsenal, camp, factory,
mine, telegraph, telephone, wireless, or signal
station, building, office, research laboratory or
station or other place connected with the na-
tional defense owned or constructed, or in
progress of construction by the United States
or undej- the control of the United States, or
of any of its officers, departments, or agencies,
or within the exclusive Jurisdiction of the
United States, or any place In which any ves-
sel, aircraft, arms, munitions, or other mate-
rials or instruments for use in time of war are
beinp made, prepared, repaired, stored, or are
the subject of research or development, under
any contract or agreement with the United
States, or any department or agency thereof,
or with any person en behalf of the United
States, or otherwise on behalf of the United
States, or any prohibited place so designated
by the President by proclamation in time of
war or in case of national emergency In which
anything for the use of the Army. Navy, or Air
Force is being prepared cr constructed or
stored, information as to which prohibited
place the President has determined would be
prejudicial to the national defense; or
(b) Whoever, for the purpose aforesaid,
and with like Intent or reason to believe.
copies, takes, makes, or obtains, or attempts
to copy, take, make, or obtain any sketch,
photograph, photographic negative, blue-
print, plan, map, model. Instrument, appli-
ance, document, writing, or note of anvthlng
connected with the national defense; cr
(c) Whcever. for the purpose aforesaid, re-
ceives or obtains or agrees or attempts to re-
ceive or obtain from any person, or from any
source whatever, any document, writlne. code
bock, signal book, sketch, photograph, photo-
graphic negative, blueprint, plan. map. model.
Instrument, appliance, or note, of anvthlng
connected with the national defense, knowing
or having reason to believe, at the time he
receives or obtains, or agrees or attempts to
receive or obtain it, that it has been or will
be obtained, taken, made, or disposed of by
any person contrary to the provisions of this
chapter: or
fd) Whoever, lawfully having possession of
acce.ss to. control over, or being entrusted
with any document. WTiting. code book, sig-
nal book, sketch, photograph. Dhotographic
negative blueprint, plan. man. model, in-
strument, appliance, or note relating to the
national defense, or information relating to
the national defense which Information the
possessor has reason to believe could be used
to the injury of the United States or to the
advantage of any foreign nation, wlllfullv
communicates, delivers, transmits or causes
to be communicated, delivered, or trans-
mitted or attempts to communicate, deliver,
transmit or causes to be communicated, de-
livered or transmitted the same to any per-
son not entitled to receive it or wlllfullv
retains the same and falls to deliver It on
demand to the officer or employee of the
united States entitled to receive It; or
(e) Whoever having unauthorized posses-
sion of, access to, or control over any docu-
ment, writing, code book, signal book, sketch,
photograph, photographic negative, blue-
print, plan, map. model, instrument, appli-
ance, or note relating to the national defense,
or Information relating to the national de-
fense which information the possessor has
reason to believe could be used to the injury
of the United States or to the advantage of
any foreign nation, willfully communicates,
delivers, transmits or causes to be communi-
cated, delivered, or transmitted, or attempts
to communicate, deliver, transmit or cause to
be communicated, delivered, or transmitted
the same to any person not entitled to receive
it, or willfully retains the same and falls to
deliver it to the officer or employee of the
United States entitled to receive It; or
(f ) Whoever, being entrusted with or hav-
ing lawful possession or control of any docu-
ment, writing, code book, signal book, sketch,
photograph, photographic negative, blue-
print, plan, map, model. Instrument, appli-
ance, note, or information, relating to the
national defense, (1) through gross negli-
gence permits the same to be removed from
its proper place of custody or delivered to
anyone in violation of his trust, or to be lost,
stolen, abstracted or destroyed, or (2) having
knowledge that the same has been illegally
removed from its proper place of custody or
delivered to anyone In violation of Its trust,
or lost, or stolen, abstracted, or destroyed,
and failed to make prompt report of such
loss, theft, abstraction, or destruction to his
superior officer —
Shall be fined not more than $10,000 or
Imprisoned not more than ten years, or both.
(g) If two or more persons conspire to
violate any of the foregoing provisions of this
section, and one or more of such persons do
any act to effect the object of the conspiracy,
each of the parties to such conspiracy shall
be subject to the punishment provided for
the offense which is the object of such con-
spiracy. (June 25, 1948, ch. 645, 62 Stat. 786;
Sept. 23, 1950, ch. 1024, title I, § 18. 64 Stat.
1003.)
Legislative History
Reviser's Note.—B&sed on sections 31 and
36 of title 50. U.S.C. 1940 ed., War and Na-
tional Defense (June 15, 1917, ch. 30, title I,
§§ 1, 6, 40 Stat. 217. 219; Mar. 28, 1940, ch. 72,
§ 1. 64 Stat. 79).
Section consolidated sections 31 and 36 of
title 50, U.S.C, 1940 ed.. War and National
Defense.
Words "departments or agencies" were in-
serted twice In conformity with definitive
section 6 of this title to eliminate any 'pos-
sible ambiguity as to scope of section.
The words "or Induces or aids another"
were omitted wherever occurring as unnec-
essary In view of definition of "principal" in
section 2 of this title.
Mandatory punishment provision was re-
phrased In the alternative.
Minor changes were made in phraseology.
i47?ie7ulme7ifs
1950 — Act Sept. 23, 1950. divided section
into subdivisions, added laboratories and
stations, and places where material or Instru-
ments for use In time of war are the sub-
ject of research or development to the list of
facilities and places to which subsection (a)
applies, made subsection (d) applicable only •
in cases In which possession, access, or con-
trol Is lawful, added subsection (e) to take
care of cases In which possession, access, or
control, is unlawful, m&de subsection (f)
applicable to instruments and appliances, as
well as to documents^fecords. etc., and pro-
vided by subsection (g') a separate penalty
for conspiracy to violate any provisions of
this section.
Indictment for Violating This Section;
Limitation Period
Limitation period In connection with in-
dictments for violating this section, see note
under section 792 of this title.
Canal Zone
AppllcabUlty of section to Canal Zone, see
section 14 of this title.
Cross References
Activities affecting armed forces —
Generally, see section 2387 of this title.
Classified information, disclosure by Gov-
ernment official, or other person, penalty
for, see section 783 (b), (d) of Title 50. War
and National Defense and section 798 of this
title.
Federal retirement benefits, forfeiture
upon conviction of offenses described under
this section, see section 2282 of Title 5, Exec-
utive Departments and Government Officers
and Employees.
Forfeiture of veterans' benefits upon con-
viction under this section, see section 3505
of Title 38, Veterans' Benefits.
Jurisdiction of offenses, see section 3241 of
this title.
Letters. wTltings. etc., in violation of this
section as nonmailable, see section 1717 of
this title.
Nonmailable letters and writings, see sec-
tion 1717 of this title.
§ 794. Gathering or delivering defense In-
formation to aid foreign government.
(a) Whoever, with intent or reason to
believe that it Is to be used to the Injury
of the United States or to the advantage of
a foreign nation, communicates, delivers, or
transmits, or attempts to communicate, de-
liver, or transmit, to any foreign government, ,
or to any faction or party or military or naval
force within a foreign countrv, whether
recognized or unrecognized by the United
States, or to any representative, officer, agent,
employee, subject, or citizen thereof, either
directly or Indirectly, any document, writing,
code book, signal book, sketch, photograph',
photographic negative, blueprint, plan, map,
model, note, instrument, appliance, or in-
formation relating to the national defense,
shall be punished by death or by imprison-
ment for any term of years or for life.
(b) Whoever, in time of war. with Intent
that the same shall be communicated to the
enemy, collects, records, publishes, or com-
municates, or attempts to elicit any informa-
tion with respect to Uie movement', numbers,
description, condition, or disposition of any
of the Armed Forces, ships, aircraft, or war
materials of the United Slates, or with
respect to the plans or conduct, or supposed
plans or conduct of any naval or mUltary
operations, or with respect to any works or
measures undertaken for or connected with,
or intended for the fortification or defense
of any place, or any other Information relat-
ing to the public defense, which might be
useful to the enemy, shall be punUhed by
death or by Imprisonment for any term of
years or for life.
(c) If two or more persons conspire to
violate this section, and one or more of such
persons do any act to effect the object of the
conspiracy, each of the parties to such con-
spiracy shall be subject to the punishment
provided for the offense which Is the object '
of such conspiracy. (June 25. 1948. ch 645
62 Stat. 737; Sept. 3. 1954, ch. 1261. title II'
.? 201. 68 Stat. 1219.)
Legislative History
Reviser's Note— Based on sections 32 and
34 of title 50. U.S.C.. 1940 ed.. War and Na-
tional Defense (June 15, 1917. ch. 30, title I
§§ 2, 4. 40 Stat. 218. 219).
Section consolidates sections 32 and 34
of title 50, U.S.C, 1940 ed.. War and Na-
tional Defense.
The words "or Induces or aids another"
were omitted as unnecessary in view of def-
inition of "principal" In section 2 of this
title.
The conspiracy provision of said section 34
was also Incorporated in section 2388 of this
title.
612
Minor changes were made In phraseology.
AinendTnents
1954 — Act Sept. 3. 1954. Increased the
p( nalty for peacetime espionage and cor-
rened a deficiency on the sentencing author-
It ' by Increasing penalty to death or Im-
pi Lsonment for any term of years.
Temporary extension of uar period
Temporary extension of war period, see sec-
tion 798 of this title.
Section 7 of act June 30. 1953, ch. 175, 67
St it. 133. repealed Joint Res. July 3, 1952,
cl: . 570, § lia)(29), 66 Stat. 333; Joint Res.
Miir. 31, 1953, ch. 13, § 1. 67 Stat. 18, which
vlded that this section should continue
force until six months after the termina-
of th« National emergency proclaimed
1950 Proc. No. 2914 which Is set out as a
preceding section 1 of Appendix to Tl-
50, War and National Defense.
Section 6 of Joint Res. July 3, 1952, re-
pealed Joint Res. Apr. 14, 1952. ch. 204, 66
54, as amended by Joint Res. May 28,
. ch. 339, 66 Stat. 96. Intermediate ex-
te^slons by Joint Res. June 14, 1952, ch. 437.
Stat. 137. and Joint Res. June 30, 1952,
526, 66 Stat. 296. which continued provl-
untll July 3. 1952. expired by^'thelr own
r Dv
P
inl
t
b
ndte
iin
Stu
19)2
66|
c
&
a
I
CONGRESSIONAL RECORD — SENATE
January 9, 1973
ni
i( ns
tefms.
Indictment for violating this section;
limitation period
^.Imitation period In connection with In-
dli tments for violating this section, see note
under section 792 of this title.
Canal Zone
Applicability of section to Canal Zone, see
seijtlon 14 of this title.
Cross references
:;iasslfled Information, disclosure by Gov-
ernment official or other person, penalty for,
ser section 783 (bi, (d) of Title 50, War and
National Defense and section 798 of this
tit e.
I Conspiracy to commit offense generally, see
se( tlon 371 of this title.
'ederal retirement benefits, forfeiture upon
co; ivlctlon of offenses described under this
section, see section 2282 of Title 5, Execu-
Departments and Government Officers
Employees.
: forfeiture of veterans' benefits upon con-
vlctlon under this section, see section 3505
of Title 38. Veterans' Benefits.
urlsdlctlon of offenses, see section 3241 of
this title
etters, writings, etc.. In violation of this
sedtlon as nonmailable, see section 1717 of
th s title.
Nonmailable letters and writings, see sec-
tic a 1717 of this title.
§ TpS. Photographing and sketching defense
Installations,
a) Whenever. In the Interests of national
detense. the President defines certain vital
military and naval Installations or equlp-
m( nt as requiring protection against the gen-
eral dissemination of Information relative
It shall be unlawful to make any
tograph, sketch, picture, drawing, map,
graphical representatloj^ of such vital
itary and naval Installations or equip-
ment without first obtaining permission of
thii commanding officer of the military or
na r'al post, camp, or station, or naval ves-
selp. military and naval aircraft, and any
e military or naval command con-
ned, or higher authority, and promptly
mlttlng the product obtained to such
ndlng officer or higher authority for
sorshlp of such action as he may deem
th( ireto.
phjj
or
m:
sejarate
cei
su
colnmar
ceil.
ne^ressary.
b) Whoever violates this section shall be
flii»d not more than $1,000 or Imprisoned not
m( re than one year, or both. (June 25, 1948,
ch 645. 62 Stat. 737.)
Legislative History
devisers Nofe.— Based on sections 45 and
45^ of title 50. U.S.C., 1940 ed.. War and Na-
tional Defense (Jan. 12, 1938, ch. 2, §5 1. 4,
52 Stat. 3, 4).
Section consolidated sections 45 and 45c
of title 50, U.S.C., 1940 ed.. War and National
Defense.
Minor changes were made in phraseology.
Canal Zone
Applicability of section to Canal Zone, see
section 14 of this title.
Ex. Ord. No. 10104. DEFiNmoNs op VrrAi.
Military and Naval Installations and
ECJtnPMENT
Ex. Ord. No. 10104, Feb. 1, 1950, 15 PR.
597. provided:
Now. therefore, by virtue of the authority
vested In me by the foregoing statutory
provisions, and in the interests of national
defense. I hereby define the following as vital
military and naval Installations or equip-
ment requiring protection against the general
dissemination of Information relative there-
to:
1. All military, naval, or air force Installa-
tions and equipment which are now classi-
fied, designated, or marked under the au-
thority or at the direction of the President,
the Secretary of Defense, the Secretary of
the Army, the Secretary of the Navy, or the
Secretary of the Air Force as "top secret."
"secret." "confidential." or "restricted," and
all military, naval, or air force installations
and equipment which may hereafter be so
classified, designated, or marked with the
approval or at the direction of the President,
and located within:
(a) Any military, naval, or air force reser-
vation, post, arsenal, proving ground, range,
mine field, camp. base, airfield, fort. yard,
station, district, or area.
(b) Any defensive sea area heretofore es-
tabllsbed by Executive order and not sub-
sequehtly discontinued by Executive order,
and any defensive sea area hereafter estab-
lished under authority of section 2152 of title
18 of the United States Code.
(c) Any airspace resen-ation heretofore or
hereafter established under authority of
section 4 of the Air Commerce Act of 1926
(44 Stat. 570: 49 U.S.C. 774) except the air-
space reservation established by Executive
Order No. 10092 of December 17. 1949.
(d) Any naval harbor closed to foreign
vessels.
(e) Any area required for fleet purposes.
(f) Any commercial establishment engaged
In the development or manufacture of classi-
fied military or naval arms, munitions, equip-
ment, designs, ships, aircraft, or vessels for
the U.S. Army, Navy, or Air Force.
2. All military, naval, or air force aircraft,
weapons, ammunition, vehicles, ships, ves-
sels. Instruments, engines, manufacturing
machinery, tools, devices, or any other equip-
ment whatsoever, in the possession of the
Army. Navy, or Air Force or in the course of
experimentation, development, manufacture,
or delivery for the Army, Navy, or Air Force
which are now cla.sslfied, designated, or
marked under the authority or at the direc-
tion of the President, the Secretary of De-
fense, the Secretary of the Army, the Secre-
tary of the Navy, or the Secretary of the
Air Force as "top secret." "secret." "con-
fidential " or "restricted," and all such
articles, materials, or equipment which may
•hereafter be so classified, designated, or
marked with the approval or at the direction
of the President.
3. All official military, naval, or air force
books, pamphlets, documents, reports, maps,
charts, plans, designs, models, drawings, pho-
tographs, contracts, or specifications which
are now marked under the authority or at
the direction of the President, the Secre-
tary of Defense, the Secretary of the Army,
the Secretary of the Navy, or the Secretary
of the Air Force as "top secret", "secret",
"confidential", or "restricted", and all such
articles or equipment which may hereafter
be so marked with the approval or at the
direction of the President.
This order supersedes Executive Order No
8381 of March 22, 1940, entitled "Defining
Certain Vital Military and Naval Installa-
tions and Equipment."
Cross references
Publication and sale of photographs of de-
fense installations, see section 797 of this
title.
§ 796. Use of aircraft for photographing de-
fense Installations.
Whoever uses or permits the use of an air-
craft or any contrivance used, or designed
for navigation or flight in the air for the
purpose of making a photograph, sketch,
picture, drawing, map. or graphical repre-^
sentation of vital military or naval installa-
tions or equipment. In violation of section
795 of this title, shall be fined not more than
$1,000 or Imprisoned not more than one year.
or both. (June 25. 1948, ch. 645, 2 Stat!
738.)
Legislative history
Reviser's Note. — Based on sections 45, 45a.
and 45c of title 50, U.S.C, 1940 ed.. War and
National Defense (Jan. 12, 1938, ch. 2. §§ 1,
2.4. 52 Stat. 3.4).
Reference to persons causing or procuring
was omitted as unnecessary In view of defini-
tion of "principal" In section 2 of this title.
Punishment provided by section 795 of this
title is repeated, and is from said section 45
of title 50. U.S.C, 1940 ed.
Minor changes were made in phraseology.
Canal Zone
Applicability of section to Canal Zone, see
section 14 of this title.
§ 797. Publication and sale of photographs
of defense installations.
On and after thirty days from the date
upon which the President defines any vital
military or naval installation or equipment
as being within the category contemplated
under section 795 of this title, whoever re-
produces, publishes, sells, or gives away any
photograph, sketch, picture, drawing, map.
or graphical representation of the vital mili-
tary or naval Installations or equipment so
defined, without first obtaining permission
of the commanding officer of the military or
naval post, camp, or station concerned, or
higher authority, unless such photograph,
sketch, picture, drawing, map. or graphical
representation has clearly indicated thereon
that It has been censored by the proper mili-
tary or naval authority, shall be fined not
more than 81,000 or imprisoned not more
than one year, or both. (June 25, 1948, ch.
645, 62 Stat. 738.)
Legislative History
ReiHser's Note — Based on sections 45 and
45b. of title 50, U. S. C, 1940 ed., War and
National Defense (Jan. 12, 1938, ch. 2 55 1,
3, 52 Stat. 3).
Pinishmeiit provision of section 45 of title
50, U. S. C 1940 ed., War and National De-
fense, is repeated. Words "upon conviction"
were deleted as a surplusage since punish-
ment cannot be imposed until a conviction
Is secured.
Minor changes were made In phraseology.
Canal Zone
Applicability of section to Canal Zone, see
section 14 of this title
9 798. Disclosure of Classified Information.'
(a) Whoever knowingly and wUUully com-
municates, furnishes, transmits, or other-
wise makes available to an unauthorized
person, or publishes, or uses in any manner
prejudicial to the safety or interest of the
United States or for the benefit of any for-
eign government to the detriment of the
United States any classified information —
(1) concerning the nature, preparation,
or use of any code, cipher, or cryptographic
'So enacted. See second 798 enacted on
June 30, 1953, set out below.
Jamianj 9, 1973
CONGRESSIONAL RECORD — SENATE
613
system of the United States or any foreign
government; or
(2) concerning the design, construction,
use, maintenance, or repair of any device,
appaj^tus. or appliance used for prepared or
plamed for use by the United States or any
foreign government for cryptographic or
communication intelligence purposes: or
(3) concerning the communication Intelli-
gence activities of the United States or any
foreign government: or
(4) obtained by the process of communi-
cation intelligence from the communications
of any foreign government, knowing the
same to have been obtained by such proc-
esses—
Shall be fined not more than $10,000 or
imprisoned not more than ten years, or both.
(b) As used in subsection (a) of this sec-
tion—
The term "classified Information" means
information which, at the time of a viola-
tion of this section, is, for reasons of national
security, specifically designated by a United
States Government Agency or limited or re-
stricted dissemination or distribution;
The terms "code," "cipher," and "crypto-
graphic system" include in their meanings,
in addition to their usual meanings, any
method of secret writing and any mechanical
or electrical device or method used for the
purposes of disguising or concealing the con-
tents, significance, or meanings of communi-
cations:
The term "foreign government" Includes
in its meaning any person or persons acting
or purporting to act for or on behalf of any
faction, party, department, agency, bureau,
or military force of or within a foreign coun-
try, or for or on behalf of any government
or any person or persons purporting to act
as a government within a foreign country,
whether or not such government is recog-
nized by the United States;
The term "communication intelligence"
means all procedures and methods used In
the interception of communications and the
obtaining of information from such com-
munications by other than the intended re-
cipients;
The term "unauthorized person" means
any person who, or agency which, is not au-
thorized to receive information of the cate-
gories set forth in subsection (al of this
section, by the President, or by the head of
a department or agency of the United States
Government -which is expressly designated by
the President to engage in communication
Intelligence activities for the United States,
(c) Nothing in this section shall prohibit
the furnishing, upon lawful demand, of In-
formation to any regulatory constituted com-
mittee of the Senate or House of Representa-
tives of the United States of America, or
joint committee thereof. (Added Oct. 31,
1951, ch. 655. 5 24(a), 65 Stat. 719.)
Canal Zone
Applicability of section to Canal Zone, see
section 14 of this title.
Cross References
Disclosure of classified Information by
Government officer or emplovee, see section
783 (b), (d) of Title 50, War and National
Defense.
Federal retirement benefits, forfeiture upon
conviction of offenses described under this
section, see section 2282 of Title 5. Executive
Departments and Government Officers and
Employees.
Forfeiture of veterans' benefits upon con-
viction under this section, see section 3505
of Title 38. Veterans' Benefits.
§ 798. Temporary extension of section 794.-'
The provisions of section 794 of this title,
as amended and. extended by section 1 (a)
(29) of the Emergency Powers Continuation
Act (66 Stat. 333), as further amended by
'So enacted. See first section 798 enacted
on Oct, 31, 1951, set out above-
Public Law 12, Eighty-third Congress, In
addition to coming Into full force and effect
In time of war shall remain In full force and
effect until six months after the termina-
tion of the national emergency proclaimed
by the President on December 16, 1950 (Proc.
2912, 3 CF.R. 1950 Supp., p. 711, or such
earlier date as may be prescribed by concur-
rent resolution of the Congress, and acts
which would give rise to legal consequences
and penalties under section 794 when per-
formed during a state of war shall give rise to
the same legal consequences and penalties
when they are performed during the period
above provided for. (Added Jan. 30, 1953, ch.
175 § 4, 67 Stat. 133.)
References in Text
Section 1(a) (29) of the Emergency
Powers Continuation Act (66 Stat. 333) as
further amended by Public Law 12, Eighty-
third Congress, referred to In the text, was
formerly set out as a note under section
791 of this title and was repealed by section
7 of act June 30, 1953.
Proc. 2912, 3 CF.R. 1950 Supp., p. 71, re-
ferred to In the text. Is an erroneous cita-
tion. It should refer to Proc. 2914 which is
set out as a note preceding section 1 of Ap-
pendix to Title 50, War and National De-
fense.
Canal Zone
Applicability of section to Canal Zone, see
section 14 of this title.
§ 799. Violation of regulations of National
Aeronautics and Space Administration,
Whoever willfully shall violate, attempt to
violate, or conspire to violate any regulation
or order promulgated by the Administrator
of the National Aeronautics and Space Ad-
ministration for the protection of security of
any laboratory, station, base or other facility,
or part thereof, or any aircraft, missile,
spacecraft, or similar vehicle, or part thereof,
or other property or equipment In the cus-
tody of the Administration, or any real or
personal property or equipment In the cus-
tody of any contractor under any contract
with the Administration or any subcontrac-
tor of any such contractor, shall be fined
not more than .$5,000. or Imprisoned not
more than one year or both. (Add Pub. L.
85-568, title III. ? 304(C)(1), Julv 29, 1958,
72 Stat. 434.)
Codification
Section was added by subsec. (c) of section
304 of Pub. L. 85-568. Subsecs. (a) and (b)
of section 304 are classified to section 2455 of
Title 42, Tlie Public Health and Welfare.
Subsec. (d) of section 304 is classified to sec-
tion 1114 of this title, Subsec. (e) of section
304 is Classified to section 2456 of Title 42.
Canal Zone
Applicability of section to Canal Zone,
see section 14 of this title.
cLASsrFviNC. declassifying of papers
Source. — Classifying, Declassifying of Pa-
pers. Affidavit of George MacClaln, presented
In open session in U.S. District Court. Wash-
ington Post, June 22, 1971: A 11.
Affidavit of George MacClaln, presented in
open session in U.S. District Court. Most of
the government's affivadits were presented
in closed session.
I, George MacClaln, Director of the Security
Cltissiflcation Management Division, Office
of the Deputy Assistant Secretary of Defense
(Security Policy) (Administration), being
duly sworn, depose and say:
1, That. I have held my present position
since 1963. I have been employed In the
Etepartment of Defense continuously since
1935.
2. That under the general direction of the
Assistant Secretary of Defense (Adminis-
tration), my Division is responsible for the
development, promulgation, and adminis-
trative oversight of the rules and regulations
of downgrading, and declassification of offi-
cial information over which the Department
of Defense (DoD) has original classification
jurisdiction vested in the Secretary of De-
fense by Executive Order (EO) 10501, Safe-
guarding Official Information In the Inter-
ests of the Defense of the United States.
December 15, 1953, as amended, or over
which the DoD has derivative classification
authority by reason of having been placed
In custody thereof by some other United
States Government agency, foreign nation,
or International organization exercising
original classifying Jurisdiction, A copy of EO
10501, as amended to date, is attached
hereto,
3, That the principal regulations of the
DoD for security classification, downgrading
and declassification consist of DoD Instruc-
tion 5210.47, Security Classification of Offi-
cial Information, December 31, 1964, and
DoD Directive 5200.10, Downgrading and De-
classification of Classified Defense Informa-
tion, July 26. 1962. These regulations specifi-
cally Implement those portions of EO 10501.
as amended, which pertain to security classi-
fication, downgrading and declassification of
official Information. Copies of these regula-
tions, as amended to date, are attached
hereto.
4. That as originally Issued in 1953, EO
10501 provided guidance for security classi-
fication at three levels, top secret, secret, and
confidential, and further provided for the
downgrading and declassification of infor-
mation when the same level or no level of
classification was no longer required. Under
the original EO 10501, downgrading and de-
classification were to be accomplished upon
the basis of the results of review and re-
evaluation from time to time more or less
on continuous basis. On .September 1961, EO
10501 was amended by EO 10964 for the pur-
pose of providing for a system of time-phased
automatic downgrading and declassification
to supplement the ongoing review and re-
evaluation process. This automatic system
was derived from a similar system earlier
created by the DoD for its own use — DoD
Directive 5200 10 Implements EO 10501 as
amended by EO 10964.
a. The basis for original security classifica-
tion is that the unauthorized disclosure of
the Information Involved could or would be
harmful to the national defense interests of
the United States. The judgment whether to
impose an original classification is derived
from considerations of the immediate pres-
ent and future. The considerations include,
without limitation, the following: The in-
ternational posture of the United States as
related to other nations in those respects
which affect, directly or indirectly. United
States national defense Interests. The tech-
nolcjlcal state of the art In respect to those
systems and equipments by which the United
States is enabled to preserve its security In-
cluding, without limitation, systems and
equipments for gathering Intelligence: weap-
ons systems; systems and equipments for
supply, maintenance and operation of mili-
tary forces; systems and equipments for mili-
tary forces; systems and equipments for the
exercise of effective diplomatic relationships
with other nations. The extent to which the
information involved is already publicly
known either domestically or in foreign coun-
tries. The extent to which a United States
leadtlme advantage is deemed absolutely
necessary In the Interests of United States
national defense, and whether in order to
achieve and maintain this lead time, security
classification Is Indispensable. The extent to
which a United States national defense, and
whether in order to achieve and maintain
this lead time, security classification Is In-
dispensable. The extent to which a United
States leadtlme advantage can be forgone
in the Interests of net overall advantage
to the United States from unclassified use
of the information. The extent to which the
Information can in fact be safeguarded
against unauthorized disclosure. The extent
to which the costs of effective safeguarding
€14
CONGRESSIONAL RECORD — SENATE
Janiiary 9, 1973
would or could defeat the purposes of the
p-Qgram to which security classification
w ould be applied.
b. The question as to whether the level
or classification should be TOP SECRET,
S ECRET or CONFIDENTIAL Is determined by
t \e extent of possible damage to the current
a :id future United States national defense
interests if the information were disclosed
V ithout authority. If the damage could or
w ould be exceptionally grave. TOP SECRET
I rS] would be the required level. If the dam-
age could or would be serious. SECRET (S):
1: prejudicial. CONFIDENTIAL (C). The
3 Lfeguarding measures for the Information
s ibsequently applied would vary according
t ) the level of classification.
c. Downeradmg means to reduce the level
or classification. Downgrading is approprl-
a :e when, on the basis of a current Judgment
(j' the present and future United States na-
t onal defense Interests, the degree of pos-
s ble harm to those interests would change
i om exceptionally grave to serious or prej-
i: dicial, or from serious to prejudicial.
d. Declassification means to terminate the
c .ossification. Downgrading Is appropriate
V hen. on the basis of a current Judgment of
t 16 present and future United States national
cl efense interests, the degree of possible harm
ti ) those interests is less than preiudicial.
e. The factors applied to command and con-
t ol of * • • cation are the same as those
V sed for classification in the first instance.
■V 'Ith the passage of time, changes in the state
o ' the art, and other changes in the cir-
c imstances which Justified the originsd clas-
s ficatlon or a later reduced level of classlfica-
t on, a new cti.Tent Judgment is made in the
I ght of the now current situation, all rel-
e.ant things considered.
f. The passage of time, in and of Itself,
i not in any case a completely sufBcient rea-
s )n for downgrading or declassification. On
t le other hand, the passage of time Is always
i nportant because of the inevitable connota-
T on that during the passage of time the cir-
c.unstances and conditions originally Justl-
f -ing classification, or reduced classification.
iiave themselves changed.
g. It has always been a policy that at <he
t me of original classification, the original
c assifier would endeavor to visualize a future
s tuatl'qn In which downgrading or declassi-
fy cation could and should occur. Tlie purpose
V ould be to try. to bring about downgrading
o: declassification at the earliest reasonable
and feasible time, and to achieve this re-
s lit if per chance the action did not earlier
result from review and reevaluation. In oth-
e • words, if a specific event, or date, or period
o r time can be identified, the downgrading or
d Eclassification process can be made to occur
a utomatically upon the occurrence of the
s (lected factor or factors.
h. Unless the original classifier establishes
tie conditions for automatic downgrading
a Id decl.isslfication and signifies those condi-
t ons by marking intended to put the future
c .istodian immediately on notice, the level of
c assiflcatlon as originally determined, or
.1 ! reduced, will continue without change un-
t 1 the process of review and reevaU;ation oc-
cjrs and the appropriate downgrading or de-
c assl ficatlon action is determined and
ordered.
i. A determination to classify must be ac-
c jmpanied by a classification designation di-
r Ttly and immediately associated with the
i iformatlon Involved. On documents, this
d esignation is achieved by the marking "Top
S'cret," "Secret." or "Confidential." These
r larkings are not authorized to be changed
o- removed except as an Incident of down-
grading or declassification.
J. An essential part of a completed down-
grading or declassification action Is a change
i 1. or cancellation of the current designation.
Even if a Judgment to downgrade or declas-
s fy has been made, the Judgment cannot
tf made effective without the appropriate
c:iange, or cancellation of, the current des-
i( nation.
k. Downgrading or declassification can oc-
cur at any time. Review and reevaluation
can occur at any time. The system contains
requirements for continuous review and re-
evaluation, and also for review and reevalua-
tion on a systematic and orderly basis. It
is difficult administratively to achieve the of-
ficially desired frequency of review and re-
evaluation.
:. In connection with making a response
to a request for Information which currently
is classified, a review and reevaluation of the
Information would be needed if the requester
was not eligible, by personal security clear-
ance and by officially determined need to
have the Information, to be given access to
that Information at Its current level of
classification.
6. That the time-phased system of auto-
matic downgrading and declassification
established by EO 10501 as amended by EO
10964 and as Implemented In DoD by DoD
directive 5200.10, provides for four categories
or groups numbered from one through four
For groups 1, 3, and 4, there Is no necessary
relationship between a level of classification,
TS, S or C. and the particular group. Thus
TOP SECRET, as well as SECRET or CON-
PIDE>nTAL Information can be placed in
either group 1, 2, or 4. Group 2 Information
however. Is used for only very sensitive Infor-
mation, and may be applied only on a unit
basis, such as document by document The
classification level of group 2 information
must always be either TS or S.
a. Group 1 Information Is excluded from
the automatic system. Information which Is
not completely within the exclusive original
security classification Jurisdiction made of
the DoD must be placed In group 1. Thus,
classified Information made available to the
DoD by another agency of the United States
Government, such as the Department of
State or the Central Intelligence Agency or
by a foreign nation or International orga-
nization, must be placed in group 1 regardless
of Its level of classification. Some group 1
Information is within the exclusive Jurisdic-
tion of DoD. Group 1 Information is never
automatically downgraded or declassified. If
not within exclusive DoD Jiu-lsdlctlon, It can
be downgraded or declassified only with the
combined action of the original classifier and
the DoD.
b. Group 3 Information Is subject to auto-
matic downgrading on a 12-year, time-phased
basis. TS becomes S In 12 years, and S be-
comes C In 13 years. There Is no automatic
declassification.
c. Group 4 Information is subject to auto-
matic downgrading and declassification on
the prescribed time basis of reducing one
level in 3 years and becoming automatically
declassified after 12 years from date of origin.
Thus. TS would become S In three years. S
would become C in three more years, and
deciassification would occur In 6 more years,
aftoral of 12. information starting at S or C
would become declassified only after the pas-
sage of a total of 12 years from date of origin.
7. That original classification Is very dif-
ferent from derivative classification. Original
classification Is determined by the original
classifier in relation to his judgment of the
current interests of United States national
defense. After the original classification, all
custodians are bound by the classification
originally imposed, until and unless changed
by the original classifier or by those duly
authorized to act for him. Within the DoD,
the authority for original classification,
downgrading and declassification Is exercised
within a vertical channel of command or
supervision. Any higher official in a vertical
channel of command or supervision may
change a classification Imposed at a lower
level, or act In lieu of a classifier at a lower
level. The exercise of original classification Is
controlled by the Secretary of Defense or his
designee, the Assistant Secretary of Defense
(Administration). At the TS level, the num-
ber of officials vested with original classifica-
tion authority Is relatively few and is pre-
cisely specified on the basis of official posi-
tions. Many more officials have original clas-
sifying authority at the S and C levels, gen-
erally determined by the necessities of the
particular positions and responsibilities held
as verified by appropriate authority.
8. That the original classifying authority
not only determines the level of classifica-
tion, as TS. S or C. He also is required to
establish the group for automatic downgrad-
ing and declassification purposes. A custo-
dian holding only derivative classification
authority with respect to the information in
question Is authorized, however, if a group
marking has not been made, to establish the
correct group and put-the appropriate group
marking on the document In accordance with
the rules under which the original classifier
exercised his authority.
9. That the classification of documents Is
required to be determined in the basis of the
content of the particular document. Within
any document there may be classified por-
tions as well as unclassified portions, and
there may be portions classified at different
levels from other portions. The document as
an entirety, however carries only one overall
classification, and that classification must be
the same as that portion of the document
bearing the highest level of classification.
When two or more documents are combined
together to make a single package, the overall
classification of the total package would de-
pend upon not only the highest level of clas-
sification of any portion of material in either
of the parts of the package, but also upon
the question whether putting the two or
more parts together into a single package
gives rise to information which in itself
merits a higher classification than any part
within the total package. On this principle, it
is sometimes necessary to classify a document
In which no single piece or part is Itself clas-
sified.
10. That when a new document is prepared
from two or more source documents, it is
sometimes very difficult, if not impossible.
to sort out the individual portions of the
new document in relation to specific sources
for the purpose of endeavoring to identify
specific portions of the new document which
can be determined to be unclassified. For
example, if source documents were supplied
to the DoD by the Department of State or
the Central Intelligence Agency, or by a for-
eign nation, and from those several sources
a new document was prepared as an original
composition, it is absolutely certain that
the new original composition would have to
carry the classification level of the highest
classified portion of any source document
which had been carried Into the final new
composition.
11. That under the foregoing system, cer-
tain necessary conclusions follow. Within
DoD. an origmal TS classification determina-
tion must be made by an official specifically
vested with that authority, and subsequent
downgrading and declassification of TS in-
formation must be determined by that same
authority unless another official has been
duly designated to take that action. Further,
when classified Information at any level is
entrusted by another agency of the United
States Government to the DoD. no official in
the DoD may reduce or cancel that classifica-
tion except In concert with and by authority
of the other agency exercising the original
classifying authority.
12. That it is appropriate to repeat with
emphasis that classification, downgrading
and declassification determinations under EO
10501 as amended as Implemented by the
DoD must be made in terms of the current
and future national defense Interests of the
United States, whether those Interests are
related In one case to the International pos-
ture of the United States in relation to other
nations, or In another case to a particular
weapoire system or Intelligence gathering or
collection system or to intelligence sources
and methods, or to plans for current or fu-
Jamiarij 9, 1973
CONGRESSIONAL RECORD — SEN ATE
615
ture military operations. Further, classifica-
tion downgrading and declassification al-
ways depend upon a Judgment currently
made as to the immediate and future na-
tional defense Interests of the United States.
13. That, based upon Information and be-
lief and my understanding, and pursuant to
EO 10501, as amended, DoD Instruction
5210.47, and DoD Directive 5200.10, the re-
quired classification of the study entitled
"United States — Vietnam Relations 1945-
1967." as a single package document consist-
ing of 47 volumes, based upon and derived
from miscellaneous source materials some of
which were prepared and classified Top
Secret by original classifying authorities out-
side of the DoD and some of which were pre-
pared and classified Top Secret by original
classifying authorities within the DoD, at
the time for completion of the study was,
and now is. Top Secret.
DEPARTMENTAL REGULATIONS; SEC. 301
TriLE 5 U.S.C.
Source.— U.S. Laws, Statutes, etc. United
States Code, 1964 ed., supplement V, contain-
ing the general and permanent laws of the
United States enacted during the 89th and
90th Congresses arKi,91st Congress, first ses-
sion, January 4, 196S, to January 18. 1970.
Prepared and published ... by the Commit-
tee on the Judiciary of the House of Repre-
sentatives, Washington. U.S. Govt. Print.
Off . 1965. (Title 5, government organization
and employees, chapter 3, pp. 70-71 ) .
5 301. Departmental regulations.
The head of an Executive department or
military department may prescribe regula-
tions for the povernment of his department,
the conduct of its employees, the distribu-
tion and performance of its business, and the
custody, use and preservation of its records,
papers, and property. This section does not
authorize withholding information from the
public or limiting the availability of records
to the public. (Pub. L. 89-554, Sept. 6. 1966,
80 Stat. 379.)
Historical and revision notes
U.S. Code: 5 U.S.C. 22.
Revised Statutes and Statutes at Large:
R. S. § 161. Aug. 12, 1958. Pub. L. 85-619,
72 Stat. 547.
The words "Executive department" are
substituted for "department" as the defini-
tion of "department" applicable to this sec-
tion is coextensive with the definition of
"Executive department" In section 101. The
words "not Inconsistent with law" are
omitted as surplusage as a regulation which
is inconsistent with law is invalid.
The words "or military department" are In-
serted to preserve the application of the
source law. Before enactment of the National
Security Act Amendments of 1949 (63 Stat.
578). the Department of the Army, the De-
partment of the Navy, and the Department of
the Air Force were Executive departments.
The National Security Act Amendments of
lishment, shall be deemed to have vested
such function In or relate to the officer or
department, executive or military, succeed-
ing the officer, department, or establishment
in wMch such function was vested. For pur-
poses of this subsection the Department of
Defense shall be deemed the department suc-
ceeding the National Military Establishment,
p.nd the military departments of Army, Navy,
and Air Force shall be deemed the depart-
ments succeeding the Executive Departments
of Army, Navy, and Air Force."
This section was part of title IV of the
Revised Statutes. The Act of July 26. 1947,
ch. 343, 5 201(d). as added Aug. 10. 1949.
ch. 412. ? 4, 63 Stat. 579 (former 5 U.S.C.
171-1 ) , which provides "Except to the extent
Inconsistent with the provisions of this Act
(National Security Act "f 19471. the provi-
sions of title rv of the Revised Statutes as
now or hereafter amended shall be applicable
to the Department of Defense" is omitted
from this title btit Is not repealed.
Standard changes are made to conform
with the definitions applicable and the stvle
of this title as outlined In the preface to the
report.
FREEDOM OF INFORMATION ACT: P.L. 89-487
Source. — U.S. Laws, Statutes, etc. An act
to amend section 3 of the Administrative
Procedure Act, chapter 324 of the act of June
11, 1946 (60 Stat. 2381, to clarify and protect
the right of the public to information, and
for other purposes (Freedom of Information
Act(. Approved Julv 4, 1966. (Washington.
U.S. Govt. Print. Off., 19661, (21 p. (Public
law 487, 89th Congress, 80 stat. 250).
Public Law 89-487— July 4. 1966
An act to amend section 3 of the Administra-
tive Procedure Act, chapter 324, of the
Act of June 11, 1946 (60 Stat. 238) , to clari-
fy and protect the right of the public to
information, and for other purposes
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That section
3, chapter 324, of the Act of June 11. 1946
(60 Stat 238) . Is amended to read as follows:
"Sec. 3. Every agency shall make available
to the public the following Information:
"(a) Publication in the Federal Regis-
ter.— Every agency shall separately state and
currently publish In the Federal Register for
the guidance of the public (A) descriptions
of Its central and field organization and the
established places at which, the officers from
whom, and the methods whereby, the public
may secure Information, make submittals or
requests, or obtain decisions; (B) statements
of the general course and method by which
its functions are channeled and determined.
Including the nature and requirements of all
formal and informal procedures available;
(C) rules of procedure, descriptions of forms
available or the places at which forms may
be obtained, and Instructions as to the scope
and contents of all papers, reports, or ex
ine National security Act Amenamenis oi ana contents ui an nt'K"^'^- 'ch>j»>-^, "' -^^
1949 established the Department of Defense ^mlnations; (D) substantive rules of general
as an Executive Department including the AppUcabUlty adopted as authorized by law.
Department of the Armv, the Department o*>^and statements of peneral policy or Interpre-
the Navy, and the Department of the Air *-*' "^ "»"— ' <,„r,n^ahnit,r fnrmniatPi
Force as military departments, not as Execu-
tive departments. However, the source law for
this section, which was In effect in 1949, re-
mained applicable to the Secretaries of the
military departments by virtue of section
12(g) of the National Security Act Amend-
ments of 1949 (63 Stat. 591 ) . which provided:
"All laws, orders, regulations, and other
actions relating to the National Military Es-
tablishment, the Department of the Army,
the Navy, or the Air Force, or to any officer
or activity of such establishment or .such de-
partments, shall, except to the extent Incon-
sistent with the provisions of this Act. have
the same effect as If this Act had not been
enacted; but. after the effective date of this
Act, and such law, order, regulation, or other
action which vested functions in or otherwise
related to any officer, department, or estab-
tatlons of general applicability formulated
and adopted by the agency; and (E) every
amendment, revision, or repeal of the fore-
going. Except to the extent that a person has
actual and timely notice of the terms there-
of, no person shall in any manner be required
to resort to, or be adversely affected by any
matter required to be published in the Fed-
eral Register and not so published. For pur-
poses of this subsection, matter which Is rea-
sonably available to the class of persons af-
fected thereby shall be deemed published In
the Federal Register when incorporated by
reference therein with the approval of the
Director of the Federal Register.
"(b) Agency Opinions and Order. — Every
agency shall. In accordance with published
rules, make available for public Inspection
and copying (A) all final opinions (Includ-
ing concurring and dissenting opinions) and
all orders made In the adjudication of cases,
(B) those statements of policy and Inter-
pretations which have been adopted by the
agency and are not published in the Fed-
eral Register, and (C) administrative staff
manuals and instructions to staff, that affect
any member of the public, unless such ma-
terials are promptly published and copies of-
ferred for sale. To the extent required to
prevent a clearly unwarranted Invasion of
personal privacy, an agency may delete iden-
tifying details when It makes available or
publishes an opinion, statement of policy.
Interpretation, or staff manual or instruc-
tion: Provided, That In every case the Justi-
fication for the deletion must be fully ex-
plained In writing. Every agency also shall
maintain and make available for public in-
spection and copying a current index pro-
viding Identifying information for the public
as to any matter which Is Issued, adopted, or
promulgated after the effective date of this
Act and which Is required by this subsection
to be made available or published. No final
order, opinion, statement of policy. Inter-
pretation, or staff manual or Instruction that
affects any member of the public may be re-
lied upon, used or cited as precedent by an
agency against any private party unless It
has been Indexed and either made available
or published as provided by this subsection
or unless that private party shall have actual
and timely notice of the terms thereof.
"(c) Agency Records. — Except with respect
to the records made available pursuant to
subsections (a) and (b), every agency shall,
upon request for identifiable records made In
accordance with published rules stating the
time, place, fees to the extent authorized by
statute and procedure to be followed, make
such records promptly available to any per-
son. Upon complaint, the district court of
the United States In the district In which
the complainant resides, or hns his princi-
pal place of business, or In which the agency
records are situated shall have Jurisdiction
to enjoin the agency from the withholding
of agency records and to order the production
of any agency records Improperly withheld
from the complainant. In such cases the
court shall determine the matter de novo
and the burden shall be upon -the agency to
sustain Its action. In the event of noncom-
pliance with the court's order, the district
court may punish the responsible officers for
contempt. Except as to those cau.ses which
the court deems of greater Importance, pro-
ceedings before the district court as author-
ized by this subsection shall take precedence
on the docket over all over causes and shall
be assigned for hearing and trial at the ear-
liest practicable date and expedited In every
way.
"(d) Agency Proceedings.— Every agency
having more than one member shall keep a
record of the final votes of each member In
every agency proceeding and such record
shali be available for public inspection.
"(e) Exemptions. — The provisions of this
section shall not be applicable to matters
that are (1) specifically required by Execu-
tive order to be kept secret In the Interest
of the national defense or foreign policy: (2)
related solely to the Internal personnel rules
and practices of any agency; (3) specifically
trade secrets and commercial or financial In-
formation obtained from any person and
privileged or confidential; (5) Inter-agency
or Intra-agency memorandums or letters
which would not be available by law to a
private party In litigation with the agency:
(6) personnel and medical files and similar
files the disclosure of which would consti-
tute a clearly unwarranted invasion of per-
so^l privacy: (7) Investigatory flies com-
plleS for law enforcement purposes except to
the extent available by law to a private party:
(8) contained In or related to examination,
operating, or condition reports prepared by.
on behalf of, or for the use of any agency
responsible for the regulation or supervision
616
CONGRESSIONAL RECORD — SENATE
Januarij 9, 1973
Df financial Institutions; and (9) geological
and geophysical Information and data (In-
cluding maps) concerning wells.
"(f) LiMrrATtoN OF Exemptions. — Nothing
In this section authorizes withholding of in-
formation or limiting the availability of rec-
ords to the public except as specifically
stated In this section, nor shall this section
be authority to withhold Information from
Congress.
"ig) Private Party —As used in this sec-
tion, 'private party means any party other
than an agency.
"(h) EFrEcnvE Datb. — This amendment
shall become effective one year following
the date of the enactment of this Act."
Approved July 4. 1966.
CONTROL OF INFORMATION (AEC) ; SECS 2161 —
a-66 TITLE 42 U.S.C.
Source. — U.S. Laws, statutes, etc. United
States code. 1964 ed., containing the general
and permanent law of the United States, In
force on January 3. 1965. Prepared and pub-
lished ... by the Committee on the Judiciary
of the House of Representatives, Washington,
US. Govt. Print. Off., 1965. (v. 9, title 42
public health and welfare, subchapter 11,
pages 8070-8073) .
Subchapter XI. — Control of information
Prior Provisions
Provisions similar to those coiJjprising this
subchapter were contained in section 10 of
let Aug. 1, 1946. ch. 724, 60 Stat. 755 (for-
nerly classified to section 1810 of this title),
srlor to the complete amendment and re-
numbering of act Aug 1, 1946 by act Aug. 30,
1954. 9:44 a.m., E. D. T.. ch. 1073, 68 Stat. 921.
! 2161 Policy of Commission.
It shall be the policy of the Commission
■X) control the dissemination and declasstflca-
:lon of Restricted Data in such a manner as
;o assure the common defense and security.
:;onsistent with such policy, the .Commission
(hall be guided by the following jtinciples:
(a) Until effective and enforceable Inter-
latlonal safeguards against thB-«afe of atomic
!nergy for destructive purposes have been
iistabllshed by an international arrangement,
;here shall be no exchange of Restricted Data
with other nations except as authorized by
iectlon 2164 of this title: and
(b) The dissemination of scientific and
«chnlcal Information relating to atomic
fnergy should be permitted and encouraged
lo as to provide that free Interchange of ideas
md criticism which is essential to scientific
md Industrial progress and public under-
itandlng and to enlarge the fund of technical
iiformation. (Aug. 1, 1946. ch. 724, § 141. as
Klded Aug. 30, 1954, ch. 1073, 5 1, 68 Stat 940.
i 2162. Classification and declassification of
Restricted Data.
(a) Periodic determination. The Commls-
iion shall from time to time determine the
lata, within the definition of Restricted
Data, which can be published without undue
■isk to the common defense and security and
ihall thereupon cause such data to be de-
ilasslfied and removed from the category of
ilestrlcted Data.
(b) Continuous review. The Commission
shall maintain a continuous review of Re-
itrlc^d Data and of any Classification Guides
ssv^d for the guidance of those in the atomic
energy program with respect to the areas of
Restricted Data which have been declassified
n order to determine which Information
nay be declassified and removed from the
lategory of Restricted Data without undue
Isli to the common defense and security.
(c) Joint determination on atomic weap-
)ns; Presidential determination on dlsagree-
nent. In the case of Restricted Data which
he Commission and the Department of De-
ense Jointly determine to relate primarily
■o the military utilization of atomic weapons,
he determination that such data may be
)ubll8hed without constituting an unreason-j
Lble risk to the common defense and security*
Ihall be made by the Commission and the
Department of Defense jointly, and If the
Commission and the Department of Defense
do not agree, the determination shall be
made by the President. ^
(d) Same; removal from Restricted Data
category.
The Commission shall rempve from the
Restricted Data category such data as the
Commission and the Department of Defense
jointly determine relates primarily to the
military utilization of atomic weapons and
which the Commission and Department of
Defense jointly determine can be adequately
safeguarded as defense information: Pro-
vided, however. That no such data so re-
moved from the Restricted Data category
shall be transmitted or otherwise made
available to any nation or regional defense
organization, which such data remains de-
fe<^se Information, except pursuant to an
agreement for cooperation entered Into In
accordance with section 2164(b) of this title.
(e) Joint det-ermlnatlon on atomic energy
programs.
The Commission shall remove from the
Restricted Data category such Information
concerning the atomic energy programs of
v^ther nations as the Commission and the
IjDlrector of Central Intelligence jointly de-
termine to be necessary to carry out the pro-
visions of section 403(d) of Title 50 and can
be adequately safeguarded as defense infor-
mation. (Aug. 1, 1946, ch. 724, § 142, as added
Aug. 30, 1954 ch. 1073, § 1, 68 Stat. 941.)
Ex. Ord. No. 10899. Communication o/ Re-
stricted Data by the Central Intelligence
Agency
Ex. Ord. No. 10899, Dec. 9, 1960, 25 FR
12729, provided:
By virtue of the authority vested in me by
the Atomic Energy Act of 1954, as amended
(hereinafter referred to as the Act; 42 U.S.C.
2011 et seq.) [this chapter), and as Presi-
dent of the United States, It is ordered as
follows :
The Central Intelligence Agency is hereby
authorized to communicate for intelligence
purposes, in accordance with the terms and
conditions of any agreement for cooperation
arranged pursuant to subsections 144 a. b or
c of the act (42 U.S.C. 2162 (a), (b).'or
(c) ), such restricted data and data removed
from the restricted data category under sub-
section 142d of the Act (42 U.S.C. 2162(d))
[sub.section (d) of this section) as is de-
termined
(i) by the President, pursuant to the pro-
visions of the Act. or
(11) by the Atomic Energy Commission
and the Department of Defense, Jointly pur-
suant to the provisions of Executive Order
y No. 10841 ([set out as a note under section
2153 of this title), to be transmissible under
the agreement for cooperation involved. Such
communications shall be effected through
mechanisms established by the Central In-
telligence Agency in accordance with the
terms and conditions of the agreement for
cooperation Involved: Provided, that no such
communication shall be made by the Cen-
tral Intelligence Agency until the proposed
communication has been authorized either
in accordance with procedures adopted by
the Atomic Energy Commission and the De-
partment of Defense and applicable to con-
duct of programs for cooperations by those
agencies, or in accordance with procedures
approved by the Atomic Energy Commission
and the Department of Defense and appli-
cable to conduct of programs for cooperation
,by the Central Intelligence Agency.
DwiGHT D. Eisenhower.
Ex. Ord. No. 11057. Communication of re-
stricted data by Department of State
Ex. Ord. No. 11057, Oct. 18, 1962, 27 P.R
10289, provided:
By virtue of the authority vested in me
by the Atomic Energy Act of 1954. as amend-
ed (hereinafter referred to as the Act; 42
U.S.C. 2011 et seq.) [this chapter], and as
President of the United States, it is ordered
as follows :
The Department of State is hereby author-
ized to communicate, in accordance with the
terms and conditions of any agreement for
cooperation arranged pursuant to subsection
144b of the act (42 U.S.C. 2164(b) ), such re-
stricted data and data removed from the re-
stricted data category under subsection 142d
of the act (42 U.S.C. 2162(a) ) [subseo. (d)
of this section] as is determined
(i) by the President, pursuant to the pro-
visions of the Act, or
(11) by the Atomic Energy Commission and
the Department of Defense, Jointly pursuant
to the provisions of Executive Order No.
10841, as amended Jset out as a note under
section 2153 of this title), to be transmissible
under the agreement for cooperation In-
volved. Such communications shall be ef-
fected through mechanisms established by
the Department of State In accordance with
the terms and conditions of the agreement
for cooperation involved: Provided, that no
such communication shall be made by the
Department of State until the proposed
communication has been authorized either
in accordance with procedures adopted by
the Atomic Energy Commission and the De-
partment of Defense and applicable to con-
duct of programs for cooperation by those
agencies, or in accordance with procedures
approved by the Atomic Energy Commission
and the Department of Defense and applica-
ble to conduct of programs for cooperation
by the Department of State.
John F. Kennedy.
§ 2163. Access to Restricted Data.
The Commission may authorize any of Its
employees, or employees of any contractor,
prospective contractor, licensee or prospec-
tive licensee of the Commission or any other
person authorized access to Restricted Data
by the Commission under section 2165(b)
and (c) of this title to permit any employee
of an agency of the Department of Defense
or of Its contractors, or any member of the
Armed Forces to have access to Restricted
Data required in the performance of his
duties and so certified by the head of the
appropriate agency of the Department of De-
fense or his designee: Provided, however.
That, the head of the appropriate agency of
the Department of Defense or his designee
has determined, in accordance with the es-
tablished personnel security procedures and
standards of such agency, that permitting
the member or employee to have access to
such Restricted Data will not endanger the
common defense and security: And provided
further, That the Secretary of Defense finds
that the established personnel and other
security procedures and standards of such
agency are adequate and In reasonable con-
formity to the standards established by the
Commission under section 2165 of this title,
(Aug. 1, 1946, ch. 724, § 143, as added Aug. 30,
1954, ch. 1073, 5 1, 68 Stat. 941, and amended
Aug. 6. 1956. ch. 1015, 5 14, 70 Stat. 1071;
Sept. 6, 1961. Pub. L. 87-206, 5 5, 75 Stat.
476.)
Amendments
1961— Pub. L. 87-206 Inserted the reference
to subsection (O of section 2165 of this title.
1956— Act Aug. 6. 1956. Inserted between
the words "licensee of the Commission" and
the words "to permit any employee" the
words "or any other person authorized access
to Restricted Data by the Commission under
section 2165(b) of this title".
§ 2164. International cooperation.
(a) By Commission, The President may au-
thorize the Commission to cooperate with
another nation and to communicate to that
nation Restricted Data on —
(1) refining, purification, and subsequent
treatment of source material;
(2) civilian reactor development;
(3) production of special nuclear material;
January 9, 1973
CONGRESSIONAL RECORD — SEN ATE
617
(4) health and safety:
(5) Industrial and other applications of
atomic energy for peaceful purposes; and
(6) research and development relating to
the foregoing:
Provided, however. That no such cooperation
shall involve the communication of Re-
stricted Data relating to the design or fabri-
cation of atomic weapons And provided fur-
ther. That the cooperation is undertaken
pursuant to an agreement for cooperation
entered Into In accordance with section 2153
of this title, or is undertaken pursuant to an
agreement existing on Augsut 30. 1954.
(b) By Department of Defense. The Presi-
dent may authorize the Department of De-
fense, with the assistance of the Commission,
to cooperate with another nation or with a
regional defense organization to which the
United States is a party, and to communicate
to that nation or organization such Re-
stricted Data (including design Information)
as is necessary to —
(li the development of defense plans; ;
(2) the training of personnel In the em-
ployment of and defense against atomic
weapons and other military applications of
atomic energy:
(3) the evaluation of the capabilities of
potential enemies in the employment of
atomic weapons and other military applica-
tions of atomic energy; and
(4) the development of tompatlble de-
livery systems for atomic ^feapons;
whenever the President determines that the
proposed cooperation and the proposed com-
munication of the Restricted Data will pro-
mote and will not constitute an unreasonable
risk to the common defense and security,
while such other nation or organization is
patrlclpating with ' the United States pur-
suant to an International arrangement by
substantial and material contributions to the
mutual defense and security: Provided how-
ever. That the cooperation Is undertaken
pursuant to an agreement entered Into in
accordance with section 2153 of this title.
(c) Exchange of information concerning
atomic weapons: research, development, or
design, of mUitary reactors. In addition to the
cooperation authorized in subsections (a)
and (b) of this section, the President may
authorize the Commission, with the assist-
ance of the Department of Defense, to coop-
erate with another nation and —
(1) to exchange with that nation Re-
stricted Data concerning atomic weapons:
Provided. That communication of such Re-
stricted Data to that nation is necessary to
improve its atomic weapon design, develop-
ment, or fabrication capability and provided
that nation has made substantial progress In
the development of atomic weapons: and
(2) to communicate or exchange with that
nation Restricted Data concerning research,
development, or design, of military reactors.
whenever the President determines that the
proposed cooperation and the communication
of the proposed Restricted Data wUl promote
and will not constitute an unreasonable risk
to the common defense and security, while
such other nation Is participating with the
united States pursuant to an international
arrangement by substantial and material
contributions to the mutual defense and se-
curly: Provided, however, That the coopera-
tion is undertaken pursuant to an agreement
entered Into In accordance with section 2153
of this title.
(d) Communication of data by other Gov-
ernmental agencies. The President may au-
thorize any agency of the United States to
communicate in accordance with the terms
and conditions of an agreement for coopera-
tion arranged pursuant to subsection (a),
(b), or (c) of this section, such Restricted
Data as is determined to be transmissible un-
der the agreement for cooperation involved.
(Aug. 1, 1946. ch, 724, § 144, as added Aug, 30.
1954. ch. 1073, § 1, 68 Stat. 942, and amended
CXIX 40— Part 1
July 2, 1958, Pub. L. 85-479. §§ 5-7, 72 Stat.
278).
Amendments
1958 — Subsec. (a) , Pub. L. 85-^79, § 5. sub-
stituted "civilian reactor development" for
"reactor development" In cl. (2).
Subsec. (b) . Pub. L. 85^79, § 6, authorized
communication of design Information, of
data concerning other military applications
of atomic energy necessary for the training of
personnel or for the evaluation of the capa-
bilities of potential enemies, and of data nec-
essary to the development of compatible de-
livery systems for atomic weapons, and elimi-
nated provisions which prohibited commu-
nication of data which would reveal impor-
tant information concerning the design or
fabrication of the nuclear components of
atomic weapons.
Subsecs. (c) and (d) PutT. L. 85-479, §7,
added subsecs. (c) and (d).
§ 2165. Security restrictions.
(a) On contractors and licenses. No ar-
rangement shall be made under section 2051
of this title, no contract shall be made or
continued in effect under section 2061 of this
title, and no license shall be issued under
section 2133 or 2134 of this title, unless the
person with whom such arrangement is
made, the contractor or prospective contrac-
tor, or tlie prospective licensee agrees In
writing not to permit any individual to have
access to Restricted Data until the Civil Serv-
ice Commission shall have made an Investi-
gation and report to the Commission on the
character, associations, and loyalty of such
individual, and tiie Commission shall have
determined that permitting such person to
have access to Restricted Data will not en-
danger the common defense and security.
(b) Employment of personnel; access to
Restricted Data. Except as authorized by the
Commission or the General Manager upon a
determination by the Commission or General
Manager with such action is clearly consist-
ent with the national Interest, no Individual
shall be employed by the Commission nor
shall the Commission permit any individual
to have access to Restricted Data until the
Civil Service Commission shall have made an
investigation and report to the Commission
on the character, associations, and loyalty of
such individual, and the Commission shall
have determined that permitting such per-
son to have access to Restricted Data will not
endanger the common defense and security.
(c) Acceptance of Investigation and clear-
ance granted by other Government agencies.
In lieu of tlie investigation and report to be
made by the Civil Service Commission pur-
suant to subsection (b) of this section, the
Commission may accept an investigation and
report on the character, associations, and
loyalty of an individual made by another
Government agency which conducts person-
nel security investigations, provided that a
security clearance has been granted to such
individual by another Government agency
based on such investigation and report.
(d) Investigations by FBI. In the event an
investigation made pursuant to subsections
(a) and (b) of this section develops any data
reflecting that the individual who is the sub-
ject of the investigation is of questionable
loyalty, the Civil Service Commission shall
refer the matter to the Federal Bureau of In-
vestigation for the conduct of a full field In-
vestigation, the results of which shall be fur-
nished to the Civil Service Commission for
its Information and appropriate action.
(e) Same: Presidential investigation. If the
President deems it to be In the national
interest, he may from time to time deter-
mine investigations of any group or class
which are required by subsections (a), (b),
and (c) of this section to be made by the
Federal Bureau of Investigation.
(f) Certification of specific positions for
Investigation by FBI. Notwithstanding the
provisions of subsections (a), (b), and (c)
of this section, a majority of the members of
)
the Commission shall certify those specific
positions which are of a high degree of im-
portance or sensitivity and upon such cer-
tification the Investigation and reports re-
quired by such provisions shall be made by
the Federal Bureau of Investigation.
(g) Investigation standards. The Commis-
sion shall establish standards and specifica-
tions tn writing as to the scope and extent
of Investigations, the reports of wh.ch will
be utilized by the Commission in making the
determination pursuant to subsections (a),
*• (b), and (c) of this section, that permitting
a person access to restricted data will not
endanger the commoii defense and security.
Such standards and specifications shall be
based on the location and class or kind of
work to be done, and shall, among other
considerations, take into account the degree
of Importance to the common defense and
security of the restricted data to which
access will be permitted.
(h) War time clearance. Whenever the
Congress declares that a state of war exists,
or In the event of a national disaster due to
enemy attack, the Commission is authorized
during the state of war oi^ period of national
disaster due to enemy attack to employ In-
dividuals and to permit Individuals access
to Restricated Data pending the Investigation
report, and determination required by sub-
section (b) of this section to the extent that
and so long as the Commission finds that
such action is required to prevent Impair-
ment of Its activities in furtherance of the
common defense and security. (Aug. 1. 1946,
ch. 724. 5 145. as added Aug. 30, 1954, ch.
1073, § 1. 68 Stat. 942, and amended Aug. 19.
1958, Pub. L. 85-681, § 5, 72 Stat. 633; Sept. 6,
1961. Pub. L. 87-206. § 6. 75 Stat. 476;
Aug. 29, 1962, Pub. L. 87-615, 5 10. 76 Stat.
411.)
AMENDMENTS
1962— Subsec. (f). Pub. L. 87-615 deleted '
the comma following "Investigation".
1961 — Subsec. (c). Pub. L. 87-206 added
subsec. (c) Former subsec. (c) redesignated
(d).
Subsec. (d) Pub. L. 87-203 redesignated
former subsec. (c) as (d) . Former subsec. (d)
redesignated (c).
Subsec. (c). Pub. L. 87-206 redesignated
former subsec. (d) as (c) and amended the
provisions by substituting "determine that"
for "cause Investigations". Inserting refer-
ence to subsection (c) of this sectlo'i and
eliminating "In-stead of by the Civil Service
Commission" following "Federal Bureau of
Investigation." Former subsec. (e) redesig-
nated (f).
Subsec. (f). Pub. L. 87-296 redesignated
former subsec. (e) as (f) and amended the
provisions by inserting reference to subsec-
tion (c) of this section and eliminating "In-
stead of by the Civil Service Commission"
following "Federal Bureau of Investigation."
Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 87-206 redesignated
former subsec. (f) as (g) and amended the
provisions by substituting ". the reports of
which will be utilized by the Commission
in making the determination, pursuant to
subsections (a), (b), and (c) of this section,
that permitting a person access to restricted
data will not endanger the common defense
and security" for "to be made by the Civil
Service Commission pursuant to subsections
(a) and (b) of this section." Former subsec.
(g) redesignated (h).
Subsec. (h) . Pub. L. 87-206 redesignated
former subsec. (g) and (h).
1958— Subsec. (g). Pub. L. 85-681 added
subsec. (g).
Cross reference
Arms control and disarmament security
restrictions, see section 2585 of Title 22, For-
eign Relations and Intercourse.
5 2166. Applicability of other laws.
(a) Sections 2161 — 2165 of this title shall
not exclude the applicable provisions of any
other laws, except that no Government
518
CONGRESSIONAL RECORD — SENATE
January 9, 1973
igency shall take any action under such
)ther laws inconsistent with the provisions
>f those sections.
(b) The Commission shall have no power
o control or restrict the dissemination of
nformation other than as granted by ';hls or
my other law. lAug. 1, 1946. ch. 724. § 146.
IS added Aug. 30. 1954, ch. 1073. § 1, 68 Stat.
143.)
. SEcuRrrv regulations: phtsical and
PROCEDtJRAI.
(State Department/ AID/USIA; Selected
'xcerpts — Uniform State/AID USIA regula-
lons.)
lOO — Physical and Procedural Security
(HoTE. — * Indicates revision; • • Indicattd
lew material.)
itOl Policy
! 101. 1 Interests of PJitlonal Defense
The interests of national defense require
he preservation of the ability of the United
States to protect and defend itself against
ill hostile or destructive action by covert or
>vert means, including espionage as well as
nilltary action. Therefore, certain official In-
ormation ♦including that In the field of for-
I igu relations* affecting the national defense
: nust be protected against unauthorized dls-
rlosure. '(Sea section 911.2.)*
012 Safeguarding Official Information
E.xecutlve Order No. 10501 of November 5.
95.3 I 18 F.R 70471. as amended (note fol-
owing 50 US.C. 401). provides for the safe-
guarding of official information which re-
quires protection in the Interests of national
ilefense. 'For the types of foreign policy In-
; ormatlon which may fall within the criteria
tf national defense, see sections 911.2 and
11.4.'
•901.3 Safeguarding Other Official Infor-
mation
The Freedom of Information Act (5 U.S.C.
i52) recognizes the necessity for the Govern-
nent to withho'd from public rt'.c'nrure cer-
am categories of records in addition to those
rontalninc; information specified in Execu-
ive Order 10501 and other Executive Orders.
Hiese include, but are not limited to, rec-
' ims the disclosure of which would be a
riearly unwarranted invasion of personal
)rlvacy or would violate a privileged rela-
lonship.
The absence of a security classification or
un administrative control designation on a
; ecord should not be regarded as authorizing
he public disclosure of Information con-
ai:ied therein without Independent consld-
ira'.ion of the appropriateness of the dis-
rlosiire. In this regard. Department and
A'jency policy with respect to disclosure of
-.'.formation' under the Freedom of Informa-
lon Act. or otherwise, does not alter the
ndividual's responsibility arising from his
employment relationship with the Depart-
ment or Agency.* *
Source.— U.S. Department of State. Unl-
orm State AID USIA security regulations.
ihysical and procedural. [Washington, U.S.
3ovt. Print. Off.] 1969. 1 v. (various pagings)
1101.4 Limitation
The requirement to safeguard information
n the national defense interest and In order
o protect sources of privileged information
u no way implies an indiscriminate license
o restrict information from the public. It Is
mportant that the citizens of the United
states have the fullest possible access, con-
istent with security and Integrity, to In-
ormation concerning the policies and pro-
! ;ram.s of their Government.
>01.5 Scope
These regulations prescribe the security
ules for classifying, marking, reproducing,
landling, transmitting, disseminating, stor-
ng. regradlng, declassifying, decontrolling,
ind destroying official material in accordance
I'lth its relative importance. They are In-
ended to ensure accurate and uniform clas-
sification of such Information and to estab-
lish standards for its protection, as required
by Executive Order 10501.
901.6 Responsibility
a. Primary. The specific responsibility for
the maintenance of the security of classi-
fied or controlled information rests with each
person having knowledge or physical custody
thereof, no matter how obtained.
b. Individual. Each employee Is responsible
for familiarizing himself with and adhering
to all security regulations.
c. Supervisory. The ultimate responsibil-
ity for safeguarding classified and adminis-
tratively controlled information as prescribed
In these regulations rests upon each super-
visor to the same degree that he is charged
with functional responsibility for his organ-
izational unit. Supervisors may, however,
delegate the performance of any or all of
these functions relating to the safeguarding
of materials.
d. Organizational. The Office of Security
In State. USIA, and A.I.D. are responsible for
physical and personnel security in their re-
spective agencies. The Office of Communi-
cations m the Department of State is re-
sponsible for cryptographic security. For ad-
ministration and enforcement, see section
990
**e. Limitation. Responsibility for safe-
guarding classified and controy^d informa-
tion and records shall not be construed as
authority to determine whether records may
be withheld from the public when requests
for their disclosure are made under the Free-
dom of Information Act (5 U.S.C. 552). Such
requests must be referred In the manner de-
scribed In section 943.2 for processing in ac-
cordance with applicable agency regulations.
(State, 5 FAM 480: A.I.D., M.O." 820.1; USIA.
22 CFR 503.5-503.7.) ••
910 Classification and Control of Informa-
tion and Material
911 Authorized Classifications
911.1 Classification Categories
Classification of official Information re-
quiring protection In the Interests of na-
tional defense shall be limited to one of the
three authorized categories of classification,
which in descending order of Importance
are: Top Secret, Secret, and Confidential.
No other classification shall be used to Iden-
tify defense Information, including military
information, requiring protection in the In-
terests of national defense, except as expressly
provided by statute.
911.2 Defense 'and Foreign Policy* In-
formation
The Attorney General of the United States
on Aprll»17, 1954, advised that defense clas-
sifications may be Interpreted. In proper in-
stances, to Include the safeguarding of Infor-
mation and material developed In the course
of conduct of foreign relations of the United
States whenever it appears that the effect
of the unauthorized disclosure of such in-
formation or material upon International
relations or upon policies being pursued
through diplomatic channels could result
m serious damage to the Nation. The At-
torney General further noted that It is a
fact that there exists an interrelation be-
tween the foreign relations of the United
States and the national defense of the United
States, which fact is recognized In section
1 of Executive Order 10501. Illustrative ex-
amples of such Information which may re-
quire classification Include but are not con-
fined to:
a. Information and material relating to
cryptographic devices and systems.
b. Information pertaining to vital defense
or diplomatic programs or operations.
c. InteHigence or information relating to
Intelligence operations which will assist the
United States to be better prepared to defend
Itself against attack or to conduct foreign
relations.
d. Information pertaining to national
stockpiles, requirements for strategic mate-
rlils. critical products, technological devel-
opment, or testing activities vital to national
defense.
e. Investigative reports which contain in-
formation relating to subversive activities
affecting the Internal security of the United
States.
f. Political and economic reports contain-
Uig information, the unauthorized disclo-
sure of which may jeopardize the interna-
tional relations of the United States or may
otherwise affect the national defense.
g. Information received m confidence
from officials of a foreign government when-
ever it appears that the breach of such
confidence might have serious consequences
affecting the national defense or foreign re-
lations.
911.3 Classification of Defense Information
911.3-1 Top Secret
Except as ma" be expressly provided by
statute, the use of the classification Top
SecrQjt shall be authorized by an appropriate
officil.1 only for de'ers- inf-rmation or mate-
rial which requires the highest degree of
protection. The Top Secret rlpssificatlon
shall be applied onh to that information or
material the defense or diplomatic aspect of
which Is par-unou U and the unauthorized
disclosure of which could result in excep-
tionally gra .; damage to the Nation, such
as leading to a definite break In diplomatic
relations affecting the defense of the United
States, an armeri attack against the United
States or its allies, a war. or the compromise
of military defense plans, intelligence opera-
tions, or scientific cr technological develop-
ments vital to the national defense.
911.3-2 Secret
Except as may b-- eripressly provided by
statute, the use of the classification Secret
shall be authorized by an appropriate official
only for defense- information or materia! the
unauthorized disclosure of 'vhich could re-
sult in serious damage to the Nation, such as
jeopardizing the inrernational relations of
the United States or its allies, endangering
the effectiveness of a program or policy of
vital importance to the national defense, or
compromising important military or de-
fense plans, scientific or technological de-
velopments important to national dsfense,
or information revealing Important diplo-
matic or Intelligence operations.
911.3-3 Confidential
Except as may be expressly provided by
statute, the use of the classification Con-
fidential shall be authorized, by an appro-
priate official, only for defense information
or material the unauthorized disclosure of
which could be pr?Judlcial to the conduct
of United States foreign relations or the de-
fense interests of the Nation.
911.3^ Unclassified
Normally, unclassified material should not
be marked cr stamped "Unclassified"' unless
it Is esssntial to convey to its recipient that
it has been examined specifically for the need
of a defense classification or control designa-
tion and has been determined not to require
such classification or control. However, pre-
printed forms such as t?legrams. which make
provision for an assigned classification, shall
include the term ■Unclassified" if the in-
formation contained the text is neither clas-
sified nor administratively controlled. ' En-
velopes containing unclassified information
to be sent by diplomatic pouch must be
marked or stamped "Unclassified" on both
sides. (See section 956.5b.) •
911.4 Authorized Administrative Control
Designation
911.4-1 Limited Official Use
The administrative control designation
Limited Official Use Is authorized to Identify
• non-classified information which requires
physical protection comparable to that given
"Confidential" material In order to safeguard
It* from unauthorized access. Matters which
should be administratively controlled Include
information received through privileged
Januanj 9, 1973
CONGRESSIONAL RECORD — SENATE
619
sources certain personnel, medical, investi-
gative 'commercial, and financial* records;
specific references to contents of diplomatic
pouches; and other similar material.
"Documents which routinely would be
made available to the public upon request
pursuant to the provisions of the Freedom
of Information Act (5 U.S.C. 552) should not
be administratively controlled. See State, 5
FAM 480: A.I.D., MO. 320.1; USIA. M.O.A, lU
526."
911.5 Restricted Data
a. "Restricted Data" is a term used in con-
nection with atomic energy matters. Section
llr of the Atomic Energy Act of 1954 defines
Restricted Data as follows:
"The term 'Restricted Data' tr^eans all data
concerning:
"(1) Design, manufacture, or utilization
of atomic weapons;
"(2) The production of special nuclear
material; or
■(3) The use of special nuclear material
in the production of energy, but shall not
include data declassified or removed from the
Restricted Data Category."
b. Restricted Data shall be classified Top
Secret, Secret, or Confidential. Before any
person may be permitted to have access to
Restricted Data, he must have a "Q" clear-
ance from, or the special permission of, the
Atomic Energy Commission. Nothing in these
regulations shall be construed as supersed-
ing any requirements of the Atomic Energy
Act of 1954. Restricted Data shall be handled,
protected, classified, downgraded, and de-
classified in conformity with the provisions
of the Atomic Energy Act of 1954 and the
regulations of the Atomic Energy Commis-
sion.
•c. A cover sheet, JF-42. Restricted Data,
bearing the appropriate defense classification
top and bottom, shall be used to cover each
copy of each document marked "Restricted
Data." (See .'Appendix V (p. 18.))*
911.6 Limitations
No other security classification or admin-
istrative control designation shall be used on
docimients originating In the Department,
USIA, and A.I.D. without the specific ap-
proval of the appropriate Office of Security.
912 Principles of Classification and Control
912.1 Assigning a Classification or Control
Designation
a. The originator of a document is respon-
sible for the original assignment of its classi-
fication or control designation. Documents or
materials shall be classified or controlled ac-
cording to their own content and not neces-
sarily according to their relationship to other
documents. Each document or item of ma-
terial shall be assigned the lowest classifica-
tion or control designation consistent with
the proper protection of the Information in
it. 'Documents or material containing refer-
ences to classified material which do not
themselves reveal classified information are
not to be classified. (See sections 912.2 and
912.3.)'
b. The practice of assigning to a doctmient
a classification or control designation exceed-
ing the degree of protection required may ap-
pear to be a simple, Innocuous means of pro-
viding extra protection in the Interests of
security. To the contrary, overclassificatlon
and unnecessary control of documents result
In the establishment of ciunbersome admin-
istrative procedures and seriously hamper op-
erations, especially abroad, even to the extent
of defeating the purposes for which the docu-
ments are intended. Overclassificatlon and
unnecessary control cause delays In handling
and may preclude the accessibility of docu-
ments to personnel who should be working
with them.
912.2. Physically Connected Documents
The classification or administrative control
designation assigned to a file or group of
physically connect.ed documents must be at
least as high as that of the most highly clas-
sified or controlled document in it. Docu-
ments separated from the file are bandied
in accordance with their Individual classifi-
cation or control designation. A cover sheet.
JF-18. Classified or Controller File, may b©
placed on the front of each file or group
of physically connected documents, marked
to Indicate the highest classlcatlon or con-
trol designation it covers, or the front and
back of the folder must be stamped or
marked according to the highest classifica-
tion or designation of the combined Informa-
tion contained In It.
912.3 Transmitting Communication
A transmitting communication shall bear
a classification or control designation at least
as high as the most highly classified or con-
trolled document it covers. The transmitting
communication also must be marked with
its appropriate group marking. (See section
966.1).
912.4 Foreign Government Classified Infor-
mation
Information furnished by a^i»*elgn gov-
ernment or by an International organization
with restrictions on its dissemination must
be protected according to the instructions
specified by the foreign government or Inter-
national organization furnishing the infor-
mation.
912.5 Multiple Classifications or Control
Designations
A document must bear a classification or
administrative control designation at least
as high as that of Its most highly classified
or controlled component. Pages, paragraphs,
sections, or components may bear different
classifications or a control designation, but
the document shall bear only one over-all
classification or control designation. When
separate portions of a document are marked
with different classifications or control des-
ignations, each portion bearing a single clas-
sification or control designation (including
"Unclassified") shall be set off with the
phrases;
"Begin " (Insert classification or
designation.)
"End " (Insert classification or des-
ignation.)
940 Safeguarding and Dissemination of
Classified and Administratively Con-
trolled Information
941 Principles Governing the Safeguarding
of Classified and Controlled Informa-
tion
941.1 Authorization for Access and Use
Classified or administratively controlled in-
formation must be given only to those per-
sons who require and are authorized to re-
ceive the Information In the course of the
performance of their official duties; who have
an appropriate and current security clear-
ance; and who have adequate facilities for
protection of documents or other tangible
matters.
Special and specifically authorized clear-
ances are required for access to Information
identified as Restricted Data, Cosmic, SEATO.
CENTO, Crj-ptographlc, Intelligence. Office of
Security, and other Information given special
protection by law or regulation.
941.3 Need-to-Know Doctrine
A person is not entitled to receive classi-
fied or administratively controlled informa-
tion solely by virtue of his official position or
by virtue of having been granted security
clearance. The "need-to-know" doctrine shall
be enforced at all times In the Interest of
good security. i
941.3 In Conversation I
The discussion of classified or administra-
tively controlled information must not be
held In the presence or hearing of persons
who are not authorized to have knowledge
thereof.
Classified of administratively controlled In-
formation must not be discussed In telephone
conversations.
941.4 Control of Dissemination
The dissemination of classified or admin-
istratively controlled information must be
carefully controlled at all times. This In-
cludes maintenance of adequate records of
transmission and receipt and the Imposition
of strict limitations on the number of copies,
prepared or reproduced.
941.5 Restriction on Personal Use
Classified or administratively controlled
Information must not be used for personal
interests of any employee and must not be
entered In personal diaries or other nonoffi-
clal records.
941.6 Access by Foreign National Employees
Classified Information must not be dictated
to, typed or otherwise prepared by local em-
ployees. This restriction must not be circum-
vented by the assignment or classifications
after a local employee has prepared a partic-
ular document. However, when warranted.
Information collected by local employees and
prepared In report form by such employees
may receive classification protection by ap-
pending such reports to classified transmittal
reports prepared by U.S. employees.
Except as noted in section 941. 6-, 941-6-2.
and 941.6-3. classified or administratively
controlled 'Information must not be made
available to, or left In the custody of. Foreign
Service local employees or alien employees
resident In the United States; nor will such
employees be permitted to attend meetings
where classified or administratively con-
trolled information Is discussed.
941.6-1 When local employees obtain in-
formation from privileged sources cr other-
wise develop Information warranting an ad-
ministrative control designation or must be
given access to administratively controlled
Information or material originated elsewhere
In order to perform their official duties, they
may be authorized limited access to such
information provided that:
(a) The local employee's U.S. citizen su-
pervisor requests authority to permit access
to administratively controlled material In
writing, specifying the reasons the employee
must have access in order to perform his of-
ficial duties and describing the tv-pe of mate-
rial, reports, etc., contemplated for access.
(b) The regional security officer concurs
In the request, Issues a memorandum of lim-
ited access, and recommends approval to the
principal officer of the post concerned.
(c) The principal officer must authorize the
limited access In writing. Such authority
shall be reviewed by each succeeding prin-
cipal officer, and he shall affirm or discon-
tinue such authority as he deems appropri-
ate.
(d) The employee's access Is not construed
to mean blanket authority to receive ad-
ministratively controlled information or ma-
terial. Select local employees authorized to
have access to administratively controlled
material shall be permitted access only to
that type of material specified in paragraph
(a) of this section on a strict "need-to-
know" basis.
941.6-2 When It is essential that Infor-
mation contained In classified documents
(excluding Top Secret) be disseminated to
the broadcasting service alien personnel resi-
dent in the United States, in order for them
to perform their duties, such information
must be given verbally. They are prohibited
access to Top Secret Information and are
not authorized visual access to classified doc-
uments or material.
"941.6-3 Foreign Sen-Ice local employ-
ees In very limited cases, may be permitted
access to Confidential Information coming
from or to be delivered to the government of
the host country. The Internal procedures for
granting access are the same as those pro-
vided in the foregoing parts of section 941.6
with regard to local employee access to ad-
ministratively controlled material. Almost all
Instances of use of this authority will In-
volve necessary translations. Access to such
6:0
feislble,
si:
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CONGRESSIONAL RECORD — SENATE
January 9, 1973
mi iterial should be allowed only after con-
slc eratlon of the host government's reaction
to the particular Foreign Service local em-
ployee's having such access. When and where
, the local employee should be given
;h access only after a responsible agency
the host country has Indicated it has no
odjectlon to the specific local employee's ac-
e;s to the Information.* •
941.7 Access by Blnatlonal Center Grantees
Since appointments of Blnatlonal Center
ntees are made only upon completion of
nil Held Investigation, classified Informa-
n that applies to their assignments and
necessary in the performance of their
ties may be made available to them. Un-
r no circumstances will classified docu-
iits be given to them for retention at a
latloual Center. (This authority does not
to those U.S. citizens appointed lo-
whose salaries are paid from Blna-
tlfnal Center operating funds.)
Report of Missing or Comprised Doc-
uments
Any employee who discovers that a clas-
sed or administratively controlled docu-
ut is missing must make a prompt report
the Office of Security or regional security
via his imlt or post security officer. In
case of a known or suspected compro-
mise of a Top Secret document or cryto-
riphlc material, the report must be made
in mediately. Telegraphic or oral reports
be followed by a prompt submls-
n'* of a memorandum addressed to the
of Security or regional security offi-
which includes the following informa-
nt
». Complete Identification of the mate-
1. Including, when possible, the date.
ibject, originator, address, serial or legend
irklngs. classification, and type of material
telegram, memorandum, alrgram. etc.).
a. Where compromise is believed to have
urred, a narrative statement detailing
circumstance which gave rise to the
ofnpromise, the unauthorized person who
or may have had access to the material,
steps taken to determine whether com-
;mise In fact occurred and the office or
3t evaluation of the Importance of the
terlal compromised.
;. Where a document is lost or missing, the
I rrative statement should detail the move-
m ints of the material from the time it was
re ;elved by the post or office, including to
Lom It was initially delivered; later rout-
;s; the persons having access to the ma-
etlal; the time, date, and circumstances
iider which lo.ss was realized; and the steps
ajcen to locate the material.* *
• 'd. When material Is either compro-
mised or missing. Identify if possible the per-
il responsible and state the action taken
th regard to the person and/or procedures
prevent a recurrence.
Where cryptographic material is Involved,
report Is also to be made to the Office of
unlcatlons (OC/S) using FS-507, Re-
Qf Violation of Communications Se-
C< >ninn.
p< rt
ci rltv.
9^3
9"; 3
mittees
Official Dissemination
1 Distribution to Other Agencies
Classified or administratively controlled
material may be sent to other Federal de-
pi rtments or agencies or to officials and com-
of Congress or to individuals therein
through established liaison or dlstrlbu-
channels. An exception is permitted
len a post transmits classified or admlnls-
tlvely controlled material to an office of
another U.S. Government agency within the
>ecutlve branch located outside the United
lates.
Cl.TssifietJ or administratively controlled
material originated in another U.S. depart-
nt or agency must not be communicated
a third department or agency without the
nsent of the originating department or
agency, including material originated in
oi ily
ti )n
trit
c
State, USIA, and A.I.D. Such approval must
be obtained In writing, and a record of the
approval and communication must be main-
tained by the communicator.
943.2 Referral of Public Requests
••Requests from the public for classified
records, whether made to a Department or
Agency office within the United States, or to
a post abroad, must be referred to the Chief,
Records Services Division (State); Director,
Information Staff ( A.I.D. ) ; or Assistant Di-
rector, Office of Public Information (USIA),
as appropriate.
Administratively controlled and unclassi-
filed records may be released upon approval
by chiefs of mission at Foreign Service posts
in accordance with 5 FAM 482.2. Administra-
tively controlled and unclassified records
abroad of A.I.D, and of USIA may also be re-
leased by the A.I.D. country mission director
and by the USIA country public affairs officer
respectively. See M.O. 820.1 and M.O.A. HI
526.
Requests for classified or for administra-
tively controlled records which the chief of
mission (for A.I.D., the mission director, or
for USIA, the public affairs officer) has de-
clined to make available on his own author-
ity, should be submitted to the appropriate
agency, by operations memorandum for State
and USIA and by alrgram for A.I.D , contain-
ing sufficient Information to permit consid-
eration of the request.
Classified or administratively controlled
records to be made available to the public
by the above-Identified authorized officers in
the United States and abroad must first be
declassified or decontrolled in accordance
with the provisions of 5 FAM 966.4.
For more detailed procedures on releasing
records to the public, see the appropriate De-
partment or Agency regulations. (State, 5
FAM 480, A.I.D., M.O. 820.1; USIA, M.O.A. Ill
526.) ••
943.3 Clearance for Publication
••Any employee writing for puolicatlon,
either in an official or private capacity, must
submit his manuscript for agency clear-
ance If the content may reasonably be in-
terpreted as related to the current respKin-
sibllltles. programs, or operations of the em-
ployee's agency or to current U.S. foreign
policy, or may reasonably be expected to af-
fect U.S. foreign relations. For detailed clear-
ance procedures, see 3 FAM 628 and 1865,
M.O 831.1 and MOA 11 120. ••
943.4 Use of Official Records
The regulations governing access to official
records are set forth in 5 FAM 480. M.O.
820.1. and MOA in 526. They include pro-
cedures to be followed for access to official
record-s for purposes of historical research.
943.5 Release of Material to U.S. Citizen
Personnel Outside the Executive
Branch
Classified and administratively controlled
material must not be released to persons who
are not security cleared U.S. citizen em-
ployees of the executive branch of the U.S.
Government until appropriate security
checks and briefings have been completed.
Release of such material or information shall
^be made only when consistent with security
and administrative requirements. Responsi-
bility for authorizing release is vested as
follows:
Top Secret, Secret. Confidential, and Lim-
ited Official Use Material — The concurrence
of both the director of the originating or ac-
tion office and the director of the Office of
Security must be obtained prior to the re-
i lease of any classified or administratively
controlled information. Either the originat-
ing or action office concerned with the sub-
Jfetance of the information may decide
wvhether it can be declassified or decontrolled
^nd released or whether it can be released
without such action. If the Information to
be released remains classified or administra-
tively controlled, the Office of Security must
specify the manner in which the release Is
to be effected including special markings,
receipts, and such other safeguards as are
deemed necessary to ensure that the infor-
mation receives appropriate protection.
943.6 Dissemination Ordered or Requested
by a Court of Law or Other Official
Body
• 'a. Except as provided in section 943.2 any
subpena, demand, or request for classified
or controlled information or records from a
court or law or other official body shall be
handled In accordance with the regulations
of the agency concerned which prescribe pro-
cedures for responding to subpenas (State 5
FAM 485; USIA, MOA III 527 and 625.6) ••
b. Testimony mvoling classified or ad-
ministratively controlled information must
not be given before a court or other official
body without the approval of the head of
the Department or Agency concerned. An
employee called upon to give such testl-
money without prior authorization shall
state that he is not authorized to disclose
the information desired and that a written
request for the specific information should
be transmitted to the head of the Depart-
ment or Agency concerned. Such testimony,
when so approved, shall be given only under
such conditions as the head of the depart-
ment or agency may prescribe.
c. Reports rendered by the Federal Bu-
reau of Investigation and other Investiga-
tive agencies of the Executive branch are
to be regarded as confidential. All reports,
records, and files relative to the loyalty of
employees or prospective employees (in-
cluding reports of such investigative agen-
cies) shall be maintained in confidence,
and shall not be transmitted or disclosed
except as a required in the efficient conduct
of business, and then, only in accordance
with the provisions • of the President's di-
rective of March 13, 1948. (See Appendix
II)'
944 Dissemination to Foreign Governments
944.1 Dissemination of Claslfled Defense
Information to Foreign Govern-
ments and International Organiza-
tions
For detailed tftstructions governing the
release of classified Information to foreign
governments and international organiza-
tions, see 11 FAM 600.
d. In the domestic service specific approval
to remove classified or administratively con-
trolled material for overnight custody must
be obtained from an office director or higher
authority. At posts, specific approval must be
obtained from the principal officer or offi-
cers designated by him to approve such re-
movals.
964.3 Tran.sportlng Classified and Adminis-
tratively Controlled Material Across
International Borders
Classified and administratively controlled
material is carried across International bor-
ders by professional diplomatic couriers.
Nonprofessional diplomatic couriers are given
such material for international transmis-
sion only In emergencies when the profes-
sional service will not cover the area into
which the pouch must be carried or the post
to which the pouch Is addressed within the
time that official business must be conducted.
In such isolated cases, the nonprofessional
diplomatic courier must be In possession of
a diplomatic passport and courier letter, and
his material must be enclosed in sealed dip-
lomatic pouches until delivered to Its official
destination. Special procedures are In effect
for U.S. -Mexican border posts.
964.4 Personal Responsibilities
The safeguarding of classified or adminis-
tratively controlled material removed from
official premises remains the personal re-
sponsibility of the removing officer even
though all conditions of section 964 have
been met.
Jamiarij 9, 1973
CONGRESSIONAL RECORD — SENATE
621
964.5 Office Working or Reference Files
Information and working files accumulated
In the course of Government employment
are not personal files as denfied in section
432, M.O. 520.1, and MOA III Exhibit 610A.
The transfer or removal of such working or
reference files shall be in accordance with
the provisions of sections 417 and 443.2, M.O.
520.1. and MOA III 512.6.
965 Storage and Access of Classified and
Administratively Controlled Material
by Persons not Regularly Employed
965.1 Storage
Authorized consultants and contractors
engaged In work Involving classified or ad-
ministratively controlled material may not
store classified or administratively controlled
material overnight on their premises unless
the Office of Security has granted approval
for such storage. No classified or administra-
tively controlled material may be made avail-
able to consultants or contractors off the
official premises or transmitted to such per-
sons o.T the premises except with the ap-
proval of the Office of Security.
965.2 Access
Contractors or consultants may not have
access to classified administratively con-
trolled materials until a personnel security
clearance has been given or confirmed bv
the Office of Security. Employees are per-
sonally responsible for obtaining clearance
from the Office of Security prior to release
or transmitting of classified or administra-
tively controlled material to a consultant or
contractor addressee off the premises. Nor-
mally such material Is sent through the
OflRce of Security.
966 Downgrading, declassification, and de-
control
966.1 Automatic Changes
Classified and administratively controlled
materia should be kept under review and be
downgraded, declassified, or decontrolled as
soon as conditions permit. When material
Is assigned a classifiactlon or control designa-
tion. It must also be assigned a group mark-
ing and or Identifying notation to effect its
automatic downgrading, declassification, or
decontrol when the material no longer re-
quires its original degree of protection. There
are five standard group markings and iden-
tifying notations associated with the auto-
matic downgrading and declassification of
classified material and two identifying nota-
tions associated with the automatic decon-
trol of administratively controlled material.
In atypical situations where the standard
group markings and notations do not ade-
quately describe the method or time-phase
Intended to accomplish the automatic down-
grading procedure, the notations may be en-
larged upon or amended. Group markings
and Identifying notations should be placed,
whenever possible, two spaces above the
defense classification or control designation
appearing at the bottom of page one on all
copies.
966.2 Classified Documents
966.2-1 Group 5 document are those which
do not require a classification protection for
any regulatory period of time specified for
the protection of documents assigned to
Groups 4 through 1. To the greatest extent
possible, classified documents that can be
assigned to Group 5 should be so assigned
and be marked:
Group 5— (Declassified following date or
conclusion of specific event, or removal of
classified enclosures or attachments)
966.2-2 Group 4 documents are those re-
quiring protection for a minimum number
of years, at the conclusion of which thev mav
be declassified. Group 4 documents are au-
tomatically downgraded one step each 3 vears
and are automatically declassified 12 years
after date of origin. Such documents should
be marked :
Group 4— Downgraded at 3-year intervals.
Declassified 12 years after date of origin.
966.2-3 Group 3 documents are those
which may be automatically downgraded but
not automatically declassified. Such docti-
ments should be marked:
Grade 3 — Downgraded at 12-year intervals,
not automatically declassified.
966.2-4 Group 2 documents are Top Se-
cret and Secret documents which are so ex-
tremely sensitive that In the Interests of na-
tional defense they must retain their clas-
sification for an indefinite period of time.
Only an official empowered to exercise orig-
inal Top Secret classification authority may
assign a document to Group 2. Such docu-
ments must be signed by the exempting of-
ficial when his Identity Is not apparent from
the document itself and must be marked :
Group 2 — Exempted from automatic down-
grading by (Signature and Title of Exempt-
ing Offici.al) .
966.2-5 Group 1 documents are those
classified documents excluded from the au-
tomatic downgrading and declassification
provisions becaus' they contain information
or material as follows :
a. Originated by foreign governments or in-
ternational organizations not subject to the
classification jurisdiction of the U.S. Govern-
ment.
b. Provided for by statutes, such as the
Atomic Energy Act.
c. Specifically excluded from these provi-
sions by the head of the Department or
Agency.
d. Requiring special handling, such as In-
telligence and crytography.
Group 1 documents should be marked :
Group 1 — Excluded from automatic down-
grading and declassification.
966.2-6 Administratively Controlled Docu-
ments
Liynited Official Use documents will be
processed in one of two categories: (1) ex-
empted from automatic decontrol or (2) de-
controlled upon the conclusion of a specific
event, removal of controlled attachments,
or the passage of a logical period of time.
Such documents must bear an appropriate
notation but no group marking and shall be
identified as follows:
Exempted from automatic decontrol.
Or:
Decontrolled following ( Date or conclusion
of specific event, or removal of adminis-
tratively controlled enclosures or attach-
ments.)
966.3 Classified and Administratively Con-
trolled Telegrams
Information contained in Top Secret, Se-
cret, Confidential, and Limited Official Use
telegrams is subject to automatic down-
grading, declassification, and decontrol pro-
cedures to the same extent as the substan-
tive contents of nontelegraphic documents.
In order to eliminate costly trahsmlsslons,
code symbols have been substituted for
group markings and identifying notations
which shall appear at the end of the message
text as the final paragraph as follows:
GP 4 for Group 4.
GP 3 for Group 3.
GP2 for Group 2.
GP 1 for Group 1.
Instructions for downgrading or declassi-
fying information should be appended tis
the final unnumbered paragraph of the mes-
sage text, when such instructions do not
coincide with one of the fovir GP code sym-
bols.
Since there is no GP code symbol for ad-
ministratively controlled documents, the ap-
propriate notation must be added as the
final unnumbered paragraph of the message
text.
SECtJRrTY CLASSIFICATION OF OFFICIAL INFOR-
MATION, DOD 5201.47 (DEPARTMENT OF DE-
FENSE); SELECTED EXCERPTS SECtTRITT CLAS-
SIFICATION OF OVPICIAL INFORMATION
References :
(a) DoD Directive 5120.33. "Classification
Management Program," January 8, 1'663.
(b) DoD Instruction 5120.34. "Implementa-
tion of the Classification Management Pro-
gram," January 8. 1963.
(c) DoD Directive 5122.5. "Assistant Secre-
tary of Defense (Public Affairs)," July 10.
1961.
(d) DoD Directive 5200.1. "Safeguarding
Official Information in the Interests of the
Defense of the United States." July 8. 1957.
le) DoD Directive 5400.7. "Availability to
the Public of DoD Information," June 23,
1967.
(f) DoD Directive 5200.10, 'Downgrading
and Declassification of Classified Defense In-
formation," July 26, 1962.
(g) DoD Directive 5230.9. "Clearance of
Department of Defense Public Information,"
December 24. 1966.
(h) OASD(M) multl-DoD memo.. "DoD
Instruction 5210.47. Security Classification
of Official Information." January 27. 1965
( hereby cancelled ) .
/. Purpose and applicability
In accordance with references (a) and (b) ,
this Instruction provides guidance, policies,
standards, criteria and procedures for the
.security classification of official Information
under the provisions of Executive Order
10501, as amended, for uniform application
throughout the Department of Defense, the
components of which. In turn, through their
implementation of this Instruction, shall ac-
complish Its application to defense contrac-
tors, sub-contractors, potential contractors,
and grantees. Determinations whether par-
ticular Information Is or Is not Restricted
Data are not within the scope of this In-
struction.
77. Definitions
The definitions given below shall apply
hereafter in the Department of Defense In-
formation Security Program.
Source. — U.S. Department. Security clas-
sification of official information. | Washing-
ton! 1964. 1 V. (various paglngs) At head of
title: Department of Defense Instruction.
"Number 5210.47. Dec. 31. 1964."
Classification: The determination that of-
ficial Information requires. In the Interests
of national defense, a specific degree of pro-
tection against unauthorized disclosure,
coupled with a designation signifying that
such a determination has been made.
Classified Information: Official Information
which has been determined to require, in
the Interests of national defense, protection
against unauthorized disclosure and which
has been so designated.
Declassification: The determination that
classified Information no longer requires, in
the interests of national defense, any degree
of protection against unauthorized disclos-
ure, coupled with a removal or cancellation
of the classification designation.
Document: Any recorded Information re-
gardless of Its physical form or character-
istics, including, without limitation, written
or printed material; data processing cards
and tapes; maps; charts; photographs; nega-
tives; moving or still films; film strips; paint-
ings; drawings; engravings; sketches; repro-
ductions of such things by any means or
process; and sound, voice or electronic re-
cordings in any form.
Downgrade: To determine that classified
information requires, in the interests of na-
tional defense, a lower degree of protection
against unauthorized disclosure than cur-
rently provided, coupled with a changing of
the classification designation to reflect such
lower degree.
Formerly Restricted Data: Information re-
moved from Restricted Data category upon
determination jointly by the Atomic Energy
Commission and Department of Defense that
such information relates primarily to the
military utilization of atomic weapons and
that such Information can be adequately
safeguarded as classified defense informa-
tion. (See subparagraph Vm, D. 13, below,
regarding foreign dissemination.)
6>2
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I
CONGRESSIONAL RECORD — SEN ATE
January 9, 1973
Information: Knowledge which can be
mmunicated by any means.
Material: Any document, product or sub-
tmce on or In which Information may be
cordel or embodied.
Official rnformation: Information which Is
f-ned bv. produced by or is subject to the
ntrol of the United States Government.
Regrade: To determine that certain classl-
..id information requires. In the Interests of
nftional defense, a higher or a lower degree
protection against unauthorized disclosure
an currently provided, coupled with a
anglng of the classification designation to
t such higher or lower degree.
Research: All effort directed toward In-
eased knowledge of natural phenomena
id environment and toward the solution
problems in all fields of science. This In-
ludes basic and applied research.
Baaic Research, which is the type of re-
arch directed toward the increase of knowl-
Jge. 'he primary aim being a greater knowl-
- ige or understanding of the subject under
udy.
Applied Research, which Is concerned with
le practical application of knowledge, ma-
rlal and or techniques directed toward a
ilution to an existent or anticipated mill-
iry or technological requirement.
Restricted Data: All data (information)
lacermng ( 1 ) design, manufacturer or utlll-
tion of atomic weapons; (2) the produc-
n of special nuclear material; or (3) the
i of special nuclear material In the produc-
11 of energy, but not to Include data de-
assified or removed from the Restricted
„.a categorv- pursuant to Section 142 of the
ijmlc Energy" Act of 1954. as amended, and
formerly Restricted Data.")
Technical Information: Information. In-
uding scientific Information, which relates
, rasearch. development, engineering, test,
.aluatlon, production, operation, use and
n lalntenance of munitions and other military
ipplies and equipment.
Technical Intelligence: The product result-
g from the collection, evaluation, analysis
_id interpretation of foreign scientific and
fchnical information which covers (1) for-
e ^n developments in basic and applied re-
s 'arch, and in applied engineering tech-
rlques;, and (2) scientific and technical
c;iaracteristics, capabilities, and limitations
or all foreign military systems, weapons,
veapon systems and material, the research
and development related thereto, and the
iroductlon methods used In their manufac-
■iire.
;;/ Policies
.A Protection Essential Inforniation
1. The Preamble. Executive Order 10501.
is amended, provides In part as follows:
•'Whereas the interests of national defense
) equlre the preservation of the ability of the
■Jnlted States to protect and defend itself
; gainst all hostile or destructive action by
lovert or overt means, Including espionage
,.s well as military action [.1 ... It Is essen-
,ial that certain official Information affecting
he national defense be protected uniformly
igalnst unauthorized disclosure."
2. The primary objective of the Classlfl-
atlon Management Program is to assure that
jfflclal Information Is classified accurate!.-
mder Executive Order 10501, as amended,
vhen in the Interests of national defense
t needs protection against unauthorized
disclosure.
3. Consistent with the above objective, the
p.se and application of security clao ification
to accomplish such protection shall be lim-
ited to only that information which Is truly
essential to national defense because It pro-
ides the United States with :
a. A military or defense advantage over
,ny foreign nation or group of nations; or
b. A favorable International posture; or
■ c. A defense posture capable of successfully
resisting hostile or destructive action from
within or without, overt or covert;
C )
Z. I
I or
II n
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c
dat
14
e
n
s
li
alid
which could be damaged, minimized or lost
by the unauthorized disclosure or use of the
information.
B. Informing the Public
The Department of Defense, in accordance
with the policy of the United States Govern-
ment, shall Inform the American public of
the activities of the Department of Defense
to the maximum extent consistent with the
best Interests of national defense and
security. Nothing contained herein, how-
ever, shall be construed to authorize or re-
quire the public release of official informa-
tion. In this connection see reference (c).
C. Regradlng and Declassification
In order to preserve the effectiveness and
Integrity of the classification system, as-
signed classifications shall be responsive at
all times to the current needs of national
defense. When classified information is de-
termined in the interests of national defense
to require a different 'evel of protection than
that presently assigned, or no longer to re-
quire any such protection, It shall be re-
graded as declassified.
D. Improper Classification
Unnecessary classification and higher than
necessary classification shall be scrupulously
avoided.
E. Misuse of Classification
Classification shall apply only to official
information requiring protection In the in-
terests of national defense. It may not be
used for the purpose of concealing adminis-
trative error or Inefficiency, to prevent per-
sonal or departmental embarrassment, to
influenc- competition or Independent initia-
tive, or to prevent release of official informa-
tion which does not require protection in
the interests of national defense.
F. Safeguarding privately owned
information
1. Privately owned information, in which
the Government has not established a pro-
prietary Interest or over which the Govern-
ment lias not exercised control, in whole or
in part, is not subject to classification by the
private owner under the authority of this
Instruction. However, a private owner, believ-
ing bis information requires protection by
security classification, is encouraged to pro-
vide protection on a personal basis and to
contact the nearest office of the Army, Navy,
or Air Force for assistance an<" advice.
2. Section 793(d), Title 18 United States
Code provides penalties for Improper disclo-
sure of "information relating to the national
defense which information the possessor has
reason to believe could be used to the injury
of the United States or to the advantage of
any foreign nation."
3. Sections 224 to 227 of the Atomic Energy
Act of 1954. as amended, provided penalties
for the improper obtaining, disclosure or use
of Restricted Data.
G. Safeguarding official information which
is not subject to security classification
Office Information which does not qualify
for security classification or has been de-
classified, and which pursuant to lawful
authority requires protection from unauthor-
ized disclosure or public release for reasons
other than national security or d5fense, shall
be handled In accordance with reference (c)
and (g).
I IV. Classification Categories
A. General
All official informal io i which requires
protection in the ii'terests of nat'o;ial de-
fense shall be clashed in one of the three
categorle'j described below. Unless expr,.^3oly
provided by statute, no other classifications
are authorized for United States classlflod
i.iformation. Appendix A gives examples of
information which may come within the
various categories. Section VI. below provides
specific criteria for determining whether
information falls within these categories.
B. Top Secret
The highest level of classification. Top
Secret, shall be applied only to that infor-
mation or material the defense aspect of
which Is paramount, a. id the unauthorized
disclosure of which could result In except-
ionally grave damage to the Nation; such as.
leading to a definite break in diplomatic
relations affecting the defense of the United
States, an armed attack against the United
States or its allies, a war. or the compromise
of military or defense plans, or intelligence
operations, or scientific or technological
developments vital to the national defense.
The use of the Top Secret classification shall
be severely limited lo information or material
which requires the utmost protection. (See
Part I. Appendix A.)
C. Secret
The second highest level of classification.
Secret, shall be applied only to that informa-
tion or material the unauthorized di.sclosure
of which could result In s='rious damage to
the Nation; such as. by Jeopardizing the
international relations of the United States.
endangering the effectiveness of a program '\
or policy of vital Importance to the national
defense, or compromising important military
or defense plans, scientific or technological
developments important to national defense,
or Information revealing important intelli-
gence operations. (See Part II. Appendix A).
D. Confidential
The lowest level of classification. Confi-
dential, shall be applied only to that Infor-
mation or material the unauthorized disclos-
ure of which could be prejudicial to the
defense Interests of the Nation. (See Part ni.
Appendix A.) The designation "Confidential-
Modified Handling Authorized." which is not
a separate classification category, identifies
certain Confidential iryormation pertaining
to combat or combat-related operations
which, because of combat or combat-related
operational conditions, cannot be afforded
the full protection prescribed for Confiden-
tial information. The designation C-MHA
shall be applied to that Confidential infor-
mation pertaining to mUitary operations In-
volving planning, training, operations, com-
munications and logistical support of com-
bat units when combat or combat-related
conditions, actual or simulated, preclude the
full application of the rules and procedures
governing dissemination, use, transmission
and safekeeping prescribed for the protec-
tion of Confidential information. The desig-
nation may be applied prior to the introduc-
tion of the Information Into combat areas,
actual or simulated, when the information is
Intended for such use and dissemination,
but the rules and procedures for handling
the Information shall not be modified until
the information is so introduced. C-MHA
cannot be applied to material containing Re-
stricted Data.
E. Foreign Classified Information
1. Section 3(e), Executive Order 10501,
provides as follows:
"Information Originated by a Foreign Gov-
ernment or Organization: Defense Informa-
tion of a classified nature furnished to the
United States by a foreign government or
International organization shall be assigned
a classification which will assure a degree of
protection equivalent to or greater than that
required by the government or international
organization which furnished the informa-
tion."
2. Foreign security classifications generally
parallel United States classifications. A Table
of Equivalents is contained in Appendix B.
3. Top Secret, Secret, and Confidential. If
the foreign classification marking Is In Eng-
lish, no additional U.S. classification marking
is required, if the foreign classification mark-
ing is in a language other than English, an
equivalent U.S. classification marking as
shown in Appendix B will be added.
Januanj 9, 1973
CONGRESSIONAL RECORD — SEN ATE
623
4. Restricted.* Many foreign governments,
and international organizations such a^ for
example, NATO, CENTO, and SEATO, use a
fourth security classification "Restricted" to
denote a foreign requirement for security
protection of a lesser degree than Confiden-
tial. Such foreign Restricted Information re-
lease'd to the United States Government un-
der international agreement requiring its
protection, usually does not require or war-
rant United States security classification un-
der Executive Order 10501. Under the agree-
ment covering the release of information,
however, certain protection is required. In
the usual case, therefore, in order to satisfy
this requirement, a doctunent or other ma-
terial containing foreign Restricted infor-
mation shall show, or be marked additionally
to show, in English, the name of the foreign
government or international organization of
origin and the word "Restricted," e.g., UK-
Restricted; NATO-Restricted. (See Appendix
B.) Any document or other material marked
as aforesaid shall be protected in the manner
specified in reference (d). Documents or
other material on hand failing 1b the cate-
gory which Ri ready have been marked so as
to require protection as "Confidential" or
•C-MHA." as they are withdrawn from the
file for any purpose, shall be re-marked In
accordance with this subparagraph and the
previously applied marking shall be obliter-
ated or excised. Henceforth, the provisions of
this subparagraph shall apply thereto.
5. The origin of all material bearing foreign
classifications, including material extracted
and placed In Department of Defense docu-
ments or material, shall be clearly Indicated
on or in the body of the material to assure,
among other things, that the Information
Is not released to nationals of a thiid coun-
try without consent of the originator.
v. Authority to classify
A. Original Classification
1. Original classification Is Involved when —
a An Item of information Is developed
which Intrinsically requires classification and
such classification cannot reasonably be de-
rived from a previous classification still in
force Involving In substance the same or
closely related information; or
b. An accumulation or aggregation of items
of information, regardless of th',- classifica-
tion (or lack of classification) of the In-
dividual items, collectively requires a sep-
ara;e and distinct classification determina-
tion.
2. For the purpose of assuring both pos-
itive management control of classification
determinations and ability to meet local
operational requirements in an orderly and
expeditious manner, the Assistant Secretary
of Defense (Manpower) will exercise control
over the granting and exercise of authority
for original classification of official informa-
tion. Pursuant thereto, such authority mist
be exercised only by those individuals who
at any given time are the Inciunbents of those
offices and positions designated in or pur-
suant to subparagraph 3 below and Appendix
C. including the officials who are specifically
designated to act In the absence of the In-
ciunbents. The following general principles
are applicable:
a. Appendix C designates specifically the
officials who may exercise original Top Secret
or Secret classficatlon authority and who
among them may make additional designa-
tions. All such additional designations shall
be specific and In writing.
b. The authority to classify Is personal to
the holder of the authority. It shall not be
exercised for him or In his name by anyone
else, nor shall it be delegated for exercise by
any substitute or subordinate.
• The effective date of this paragraph 4 is
postponed. See paragraph XIV. B.
AUTOMATIC, TIME-PHASED DOWNGRADING AITO
DECLASSIFICATION OF CLASSIFIED DEFENSE IN-
FORMATION. DOD 5200.10 (DEPARTMENT OF
DEFENSE); SELECTED EXCERPTS
Source. — U.S. Department of Defense.
Downgrading and declassification of classi-
fied defense Information (Washington, 1962]
4. 24 p. At head of title: Department of De-
fense Directive. "Number 5200.10, July 26,
1962."
1. Purpose
The purpose of this regulation is to apply
the provisions of Section 4 and Sectloii_5{a) .
Executive Order 10501. as amended by~Exec-
utlve Order 10964, 20 September 1961: and
to implement the provisions of DoD Direc-
tive 5200.9 and 5200.10. It establishes a
continuing system based on the passage of
time for automatically downgrading, or au-
tomatically downgrading and declassifying,
classified defense information originated by
or under the Jurisdiction of the Depart-
ment of Defense (DoD), the Federal Avia-
tion Agency (PAA), and the National Aero-
nautics and Space Administration (NASA).
It also declassifies by category, effective Jan-
uary 1, 1964. certain Group-3 documents
and materials originated prior to January 1,
1940, described in subparagraphs 6. a. (3).
(4), (5). and (6) of this regulation. This
regulation is not a guide for the assignment
of a classification to information; it applies
only to defense information which is as-
signed a classification by competent author-
ity.
2. Explanation of Terms
The meanings of some terms u*ed in this
regulation are given below:
a. Declassify: To cancel the security classi-
fication of an item of classified material.
b. Downgrade: To assign a lower security
classification to an item of classified mate-
rial.
c. Weapon System: A general term used to
describe a weapon and those components re-
quired for its operation.
3. Scope and application
a. DoD. FAA. and NASA Information
(1) This j-egulatlon applies to all classified
information originated by or under the juris-
diction of the Department of Defense or by
its contractors, or by a precedessor agency of
the Department of Defense or Its contrac-
tors. Specifically, this includes all classified
material originated by the Office of the Sec-
retary of Defense and Department of De-
fense agencies; the present and former Joint
Chiefs of Staff and Joint Staff; the Depart-
ment of the Army and former War Depart-
ment; the Department of the Navy; the
Department of the Air Force and former
Army Air Forces; the United States Coast
Guard when acting as a part of the Navy;
Joint committees or agencies comprised en-
tirely of representatives from within the De-
partment of Defen.se or its predecessor agen-
cies; other Government agencies whose fimc-
tlons have been officially transferred to the
Department of Defense; and contractors in
the performance of contracts awarded by or
on behalf of the Department of Defense, Its
components, or its predecessors.
(2) By agreement between the Depart-
ment of Defense, the Federal Aviation
Agency, and the National Aeronautics and
Space Administration, this regulation also
applies to all classified information originated
by or under the Jurisdiction of FAA and
NASA. This Includes all classified informa-
tion originated by the Federal Aviation
Agency, Its components and predecessors, in-
cluding the ClvU Aeronautics Administration
of the Department of Commerce, and the
Airways Modernization Board; the National
Aeronautics and Space Administration, Its
components and predecessors, Including the
National Advisory Committee for Aero-
nautics; joint committees, boards and agen-
cies comprised entirely of representatives
from the above agencies or from the Depart-
ment of Defense, Its components and pred-
ecessors; and contractors In the perform-
ance of contracts awarded by or on behalf
of FAA, NASA, their components or predeces-
sor agencies.
b. Other Departments and Agencies
By Executive Order 10964. the automatic,
time-phased down-grading and declassifica-
tion system applies to all classified Informa-
tion originated by or under the Jurisdiction
of all departments and agencies of the Execu-
tive Branch. However, custodians of classi-
fied material originated by or under the
Jurisdiction of US departments or agencies
other than those described in a above, shall
defer action with regard to such ma-
terial until advised of the implement-
ing instruction issued by the depart-
ment or agency concerned. Pending that
implementation, such material (other than
Group-1 material defined herein) shall not
be marked or assigned to a Group under this
regulation; If the Information is incorpo-
rated into DoD. FAA, or NASA material, an
appropriate explanation shall be included in
the text (for example: •Paragraph 2 contains
Information classified by the State Depart-
ment; the automatic downgradlng-declassl-
flcatlon group cannot be determined until
appropriate Instructions are Issued by that
department") .
c. Authority of Classifying Officials
(1) Nothing in this regulation shall be
construed to relieve of responsibility, or to
limit the authority of. those officials desig-
nated by competent authority to classify,
downgrade, or declassify official defense in-
formation. Immediate action should be taken
by such officials to downgrade or declassify
Information when it needs less protection or
when it no longer requires such protection.
(2) Any DoD, PAA or NASA classified in-
formation, whether or not affected by this
regulation, may be downgraded or declassi-
fied by the official who has been given that
authority under pertinent regulations. Pur-
suant to that authority, the official who has
primary functional responsibility for an item
of classified Information can prescribe earlier
downgrading and declassifying (including
assigning It to a less restrictive Group) than
that provided by this regulation. However,
except as authorized in paragraphs 5 and 6b
he cannot aisslgn information to a more re-
strictive Group than provided herein.
d. Material Officially Transferred
When material Is transferred by or pur-
suant to statute or Executive Order is the
classifying, downgrading, and declassifying
authority for all purposes under this regula-
tion. Official transfers result in the material
becoming part of the official files or the prop-
erty of the recipient (e.g.. Army Air Forces
material officially transferred to the newly
established Department of the Air Force In
1948). Transfers merely for the purpose or
storage do not constitute an official transfer
of classification authority.
e. Material Not Officially Transferred
When any department or agency has in
its possession any classified material w^hlch
has become 5 years old. and a review of the
material Indicates that It should be down-
graded or declassified and it appears that
either (i) the material originated In an
agency which has since become defunct and
whose files and other property have not been
officially transferred to another department
or agency within the meaning of d above,
or (t:) It Is Impossible for the possessing de-
partment or agency to identify the originat-
ing agency, the possessing department or
agency shall have power to downgrade or de-
classify the material or to assign it to a down-
gradlng-declassiflcation Group according to
this regulation. If it appears probable that
another department or agency may have a
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6: 14
or
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cr5 3
CONGRESSIONAL RECORD — SENATE
Januanj 9, 1973
Bu jstantlal Interest in whether the classlflca-
tic n of any particular Information should be
mi .intained. the possessing department or
Bg sncy shall not exercise the power stated
In this subparagraph, except with the consent
of the other department or agency, until 30
da,s after it has notified such other depart-
m( nt or agency of the nature of the material
anl of Its Intention to downgrade or declas-
slf- It. During that 30-day period, the other
de sartment or agency may, if it so desires,
ex iress Its objections to downgrading or de-
cl£ sslfylng the particular material, but the
'po ver to make the ultimate decision shall
re; Ide In the possessing department or
astncy.
f. General Information
The effect of the automatic, time-phased
do vngrading and declassification system is
thit all classified information and material
he 'etofore and hereafter received or origi-
nated by the Executive Branch, Its compo-
its. and its contractors. Is assigned to one
four groups, described In the following
agraphs (The attachment shows In
gr4phic form how each Group is affected by
automatic time-phased system.) Upon
Ipt of this regulation and without fur-
r notice, each holder of classified material
i;lnated by or under the Jurisdiction of
, FAA, or NASA, Is authorized and re-
red to Group, mark, downgrade, or de-
lafesify, as prescribed herein, the material In
custody or possession. In addition, classl-
material originated by or under the Jurls-
c^lon ofjDther Executive departments and
shaV) be Grouped, marked, down-
graded, or declassified In accordance with the
jx(i Lructlons of the originating agency, when
Issfied .
4. Group-1 material
iMaterlal in this Group is completely ex-
clu ded from the automatic downgrading and
au: omatlc declassification provisions of this
regjulatlon either because it has been removed
such provisions or because It contains
>rmatlon not subject to the classification
Jujfsdlctlon of the Executive Branch of the
Government.
Definition. Specifically, Group-1 com-
ies material :
) Originated by or containing classified
srmatlon clearly attributed to foreign gov-
or their agencies, or to Intema-
organlzations and groups, including
Combined Chiefs of Staff. This does not
Include US classified Information hereafter
I nlshed to a foreign government or inter-
opal organization, the US classified Infor-
lon stall be Grouped and marked as oth-
ervflse pr^cribed herein.
:) Cofl^^ernlng communications tntelU-
or cryptOgf^hy, or their related actlv-
In
errlments
tlo lal
thf
a )^ This Includes Information concerning
revealing the processes, techniques, tech-
materlal, operation, or scope of com-
^nlcatlons Intelligence, cryptography, and
tographlc security. It also Includes in-
forjnation concerning special cryptographic
et}\ Ipment, certain special communications
sy^ j|ms designated by the department or
age nj:y concerned, and the communications
poi tlon of cover and deception plans.
b) However, provided the material does
noi reveal the foregoing information, this
do( s not include radar Intelligence or elec-
tro 3l&4ntelligence, or such passive measures
as physical security, transmission security,
an( 1 electronic security.
^ 3 ) Containing Restricted Data or Formerly
Rei trlcted Data.
(4) Containing nuclear propulsion Infor-
ma tlon or Information concerning the estab-
llsl.ment, operation, and support of the US
At( mlc Energy Detection System, unless
otl erwlse specified by the pertinent AEC-
DC D classification guide
(5) Containing special munition Informa-
tlo 1 as defined In AG Ltr AOAM-P(M)311.5,
(17 Sept. 60) DCS/Ops 19 Sept 60; OPNAV-
INST 008190.1 series; or AFR 205-17.
(6) Information concerning standardized
BW agents.
5. Group-2 documents
This Group Is established as a means
whereby authorized officials can exempt In-
dividual documents containing extremely
sensitive information from both automatic
downgrading and automatic declassincatlon.
This Group applies only to documents origi-
nally classified Top Secret or Secret.
6. Group-3 material
This Group contains certain types of in-
formation or subject matter that warrants
some degree of classification for an Indefinite
period. There are two kinds of Group-3
material: (1) that containing the subject
matter normally assigned to Group-3 accord-
ing to a below; and (11) documents which
are Individually and specifically assigned to
Group-3 under the optional exemption pro-
visions of b below. Group-3 documents and
materials originated prior to January 1. 1940,
which fall within the descriptions of sub-
paragraphs 6. a. (3), (4), (5), or (6), without
at the same time falling within the de-
scriptions of subparagraphs 6. (a), (1), (2),
or (7). are hereby declassified, effective
January 1, 1964.
a. Definition — Normal Group-3.
The specific Information or subject mat-
ter normally comprising Group-3 is as fol-
lows :
( 1 ) Plans for an operation of war that were
prepared by an organization higher than
Army division. Navy task force, numbered
Air Force, or other military command of com-
parable level. This includes but is not lim-
ited to:
(a) Plans for combat operations; and In-
formation concerning or revealing long-range
operational concepts and the employment of
forces.
(b) Plans on cover or deception. Including
information on operations relating thereto.
(c) Information concerning or revealing
escape or evasion plans, procedures, and tech-
niques.
(d) Planning and programming Informa-
tion which concerns or reveals service-wide
force objectives, over-all force deplojrments.
and complete service-wide combat unit
priority listings; or which contains or reveals
detailed service-wide planning or program-
ming data.
(e) Targeting data on foreign areas, or in-
formation which would reveal strategic tar-
geting plans.
(2) DoD and FAA Intelligence and coun-
terintelligence.
(3) Information concerning or revealing
the capabilities, limitations, or vulnerabili-
ties of a weapon, weapon system, or space
system in current use or in development for
future use. This is limited to information
concerning significant combat capabilities.
8
^Fiist amendment (Ch. 3, 11/15/63)
7. Group-4 material
a. Definition.
Group-4 Includes all classified material
which does not qualify for, or Is not assigned
to, one of the first three Groups.
(1) Normally, information such as logis-
tical data, production schedules, budget and
cost figures, dimensions or weights, and simi-
lar subjects shall be assigned to Group-4,
even if the equipment or material to which
It applies Is in Group-3.
(2) Defense Information classified in ac-
cordance with a topic of a Joint AEC-DoD
classification guide shall not be assigned to
Group-4 unless such an assignment Is clear-
ly indicated under the pertinent topic hi the
Joint guide.
(3) ... vulnerabilities, knowledge of which
could be exploited by an enemy to counter,
render ineffective, neutralize, or destroy the
weapon or system; or limitations which de-
grade the combat effectiveness of the weap-
on or system. However, it specifically in-
cludes :
(a) Target detecting devices for proximltv
VT fuses. '
(b) Biological weapon system Information
which reveals the scientific name or desig-
nation of the agent and the non-descriptive
code designation of the agent.
(c) Technical information concerning
electronic countermeasure or counter-coun-
termeasure equipment, processes, or tech-
niques and technical data concerning infra-
red detection or suppression.
(d) Research and development informa-
tion concerning or revealing significant com-
bat capabilities of a future weapon or space
system or subsystem. This is limited to infor-
mation concerning or revealing significant
new technological developments or adapta-
tions beyond normal evolutionary improve-
ments.
(e) Information pertaining to combat-type
naval vessels which reveals structural, per- /'
formance, or tactical data, such as armor and
protective systems, war damage reports, dam-
age control systems, power speed, range,
propeller RPM, and maneuvering character-
istics.
(4) Information which could be used by
an enemy to develop target data for an at-
tack on the United States or Its allies, such
as geodetic and gravimetric survey data,
reductions of survey data that can be used
for Intercontinental datima connections or
for determining the size of the earth, or the
precise ( in seconds of arc ) coordinates of fa-
cilities that are essential elements of a weap-
on system or that are essential elements of
a weapon system or that are essential to the
conduct of a war.
(5) Technical information concerning or
revealing explosive ordnance demolition
techniques.
(6) Defense information (other than
Group-1 material) classified according to
AEC-EtoD classification guides, unless other-
wise specified by the pertinent guide.
(7) Material prepared by a theater head-
quarters, military government headquarters,
military mission headquarters, or other
headquarters of comparable or higher level,
which concern or affect the formulation and
conduct of U.S. foreign policy, and plans or
programs relating to toternatlonal affairs.
Title 3 — The PREsmENX — Executive Order
11652
CLASSIFICATION AND DECLASSIFICATION OF NA-
TIONAL SECURITY INFORMATION AND MA-
TERIAL
The Interests of the United States and its
citizens are best served by making informa-
tion regarding the affairs of Government
readily available to the public. This concept
of an informed citizenry is reflected in the
Freedom of Information Act and in the cur-
rent public information policies of the exec-
utive branch.
Within the Federal Government there is
some official information and material which
because it bears directly on the effectiveness
of our national defense and the conduct of
our foreign relations, must be subject to
some constraints for the security of our Na-
tion and the safety of our people and our
allies. To protect against actions hostile to
the United States, of both an overt anci co-
vert nature, it is essential that such official
Information and material be given o ily lim-
ited dissemination.
Tills official information or material, re-
ferred to as classified Information or material
in this order, is expres.sly exempted from
public disclosure by Section 552(b)(1) of
Title 5, United States Code. Wrongful dis-
closure of such Information or material Is
recognized in the Federal Criminal Code as
providing a basis for prosecution.
To ensure that such Information and ma-
January 9, 1973
CONGRESSIONAL RECORD — SEN ATE
625
terlal Is protected, but only to the extent
and for such period as is necessary, this or-
der Identifies the Information to be protect-
ed, prescribes classification, downgrading,
declassification and safeguarding procedures
to be followed, and establishes a monitoring
system to ensure Its effectiveness.
Now, therefore, by virtue of the author-
ity vested In me by the Constitution and
statutes of the United States, it is hereby
ordered :
SECTION 1. Security Classification Cate-
gories. Official Information or material which
requires protection against unauthorized
disclosure in the interest of the national de-
fense or foreign relations of the United
States (hereinafter collectively termed "na-
tional security" ) shall be classified In one of
these categories, namely "Top Secret," "Se-
cret." or "Confidential," depending iipon the
degree of its significance to national secu-
rity. No other categories shall be used to
Identify official information or material as
requiring protection In the interest of na-
tional security, except as otherwise expressly
provided by statute. These classification cat-
egories are defined as follows:
(A) "Top Secret." "Top Secret" refers to
that national security Information or mate-
rial which requires the highest degree of pro-
tection. The test for assigning "Top Secret"
classification shall be whether its unauthor-
ized disclosure could reasonably be expected
to cause exceptionally grave damage to the
national security. Examples of "exceptionally
grave damage" include armed hostilities
against the United States or Its allies; dis-
ruption of foreign relations vitally affecting
the national security; the compromise of
vital national defense plans or complex cryp-
tologlc and communications intelligence sys-
tems; the revelation of sensitive intelligence
operations; and the disclosure of scientific
or technological developments vital to na-
tional security. This classification shall be
used with the utmost restraint.
(B) "Secret." "Secret" refers to that na-
tional security information or material which
requires a substantial degree of protection.
The test for assigning "Secret" classification
shall be whether Its unauthorized disclosure
could reasonably be expected to cause seri-
ous damage to the national security. Ex-
amples of "serious damage" include disrup-
tion of foreign relations significantly affect-
ing the national security; significant im-
pairment of a program or policy directly re-
lated to the national security, revelation of
significant military plans or Intelligence op-
erations; and compromise of significant sci-
entific or technological developments relat-
ing to national security. The classification
"Secret" shall be sparingly used.
(C) "Confidential." "Confidential" refers
to that national security information or ma-
terial which requires protection. The test
for assigning "Confidential" classification
shall be whether Its unauthorized disclosure
could reasonably be expected to cause dam-
age to the national security.
Sec 2. Authority to Classify. The authority
to originally classify Information or mate-
rial under this order shall be restricted
solely to those offices within the executive
branch which are concerned with matters
of national security, and shall be limited
to the minimum number absolutely required
for efficient administration. Except as the
context may otherwise Indicate, the term
Department" as used in this order shall in-
clude agency or other governmental unit.
(A) The authority to originally classify
mformatlon or material under this order as
Top Secret" shall be exercised only by such
officials as the President may designate In
writing and by:
(1) The heads of the Departments listed
below;
'2) Such of their senior principal deputies
and assistants as the heads of such Depart-
ments may designate in writing; and
(3) Such heads and senior principal depu-
ties and assistants of major elements of such
Departments, as the heads of such Depart-
ments may designate in writing.
Such others in the Executive Office of the
President as the President may designate In
writing.
Central Intelligence Agejicy.
Atomic Energy Commission.
Department of State.
Department of the Treasury.
Department of Defense.
Department of the Army.
Department of the Navy.
Department of the Air Force.
United States Arms Control and Disarma-
ment Agency.
Department of Justice.
National Aeronautics and Space Adminis-
tration.
Agency for International Development.
(B) The authority to originally classify
Information or material under this order as
"Secret" shall be exercised only by:
(1) Officials who have "Top Secret" classi-
fication authority;
(2) Such subordinates as officials with
"Top Secret" classification authority under
(A (1) and (2) above may designate In
writing; and
(3) The heads of the following named De-
partments and such senior principal deputies
or assistants as they may designate In
writing.
Department of Transportation.
Federal Communications Commission.
Export-Import Bank of the United States.
Department of Commerce.
United States CivO Service Commission.
United States Information Agency.
General Services Administration.
Department of Health, Education, and
Welfare.
Civil Aeronautics Board.
Federal Maritime Commission.
Federal Power Commission.
National Science Foundation.
Overseas Private Investment Corporation.
(C) The authority to originally classify in-
formation or material under this order as
"Confidential" may be exercised by officials
who have "Top Secret" or "Secret" classifica-
tion authority and such officials as they may
designate In writing.
(D) Any Department not referred to here-
in and any Department or unit established
hereafter shall not have authority to origin-
ally classify information or material under
this order, unless specifically authorized
hereafter by an Executive order.
Sec. 3. Authority to Downgrade and De-
classify. The authority to downgrade and de-
classify national security information or ma-
terial shall be exercised as follows:
(A) Information or material may be down-
graded or declassified by the official author-
izing the original classification, by a succes-
sor in capacity or by a supervisory official of
either.
(B) Downgrading and declassification au-
thority may also be exercised by an official
specifically authorized under regulations Is-
sued by the head of the Department listed
In Sections 2(A) or (B) hereof.
(C) In the case of classified Information
or material officially transferred by or pur-
suant to statute or Executive order In con-
Junction with a transfer of function and not
merely for storage purposes, the receiving
Department shall be deemed to be the orig-
inating Department for all purposes under
this order including downgrading and declas-
sification.
(D) In the case of classified information
or material not officially transferred within
(C) above, but originated In a Department
which has since ceased to exist, each De-
partment In possession shall be deemed to
be the originating Department for all pur-
poses under this order. Such information or
material may be downgraded and declassified
by the Department In possession after con-
sulting with any other Departments having
an interest In the subject matter.
(E) Classified information or material
transferred to the General Services Admin-
istration for accession into the Archives of
the United States shall be downgraded and
declassified by the Archivist of the United
States in accordance with this order, direc-
tives of the President Issued through the
National Security Council and pertinent
regulations of the Departments.
(F) Classified information or material with
soecial markings, as described in Section 8,
shall be downgraded and declassified as re-
quired by law and governing regulations
Sec. 4. Classification. Each person possess-
ing classifying authority shall be held ac-
countable for the propriety of the classifi-
cation attributed to him. Both unnecessary
classification and over-classification shall be
avoided. Classification shall be solely on the
basis of national security consideration. In
no case shall Information be classified in
order to conceal Inefficiency or administra-
tive error, to prevent embarrassment to a per-
son or Department, to restrain competition
or Independent Initiative, or to prevent for
any other reason the release of information
which does not require protection in the in-
terest of national security. The following
rules shall apply to classification of Informa-
tion under this order:
(A) Documents in General. Each classi-
fied document shall show on Its face Us
classification and whether It is subject to or
exempt from the General Declasslficatfon
Schedule. It shall also show the office of
origin, the date of preparation and classifi-
cation and, to the extent practicable, be so
marked as to indicate which portions are
classified, at what level, and which portions
are not classified In order to facilitate ex-
cerpting and other use. Material containing
references to classified materials, which ref-
erences do not reveal classified Information,
shall not be classified.
(B) Identification of Clissifying Authority.
Unless the Department involved shall have
provided some other method of identifying
the individual at the highest level thatau-
thorlzed classification In each case, material
classified under this order shall indicate on
its face the identity of the highest authority
authorizing the classification. Where the In-
dividual who signs or otherwise authenti-
cates a document or Item has also authorized
the classification, no further annotation as to
his Identity Is required.
(C) Information or Material Furnished by
a Foreign Government or International Or-
ganization. Classified Information or material
furnished to the United States by a foreign
government or international organization
shall either retain Its original classification
or be assigned a United States classification.
In either case, the classification shall assure
a degree of protection equivalent to that
required by the government or international
organi/atlou which furnished the informa-
tion or material.
(D) Classification Responsibilities. A hold-
er of classified Information or material shall
observe and respect the classification as-
signed by the originator. If a holder believes
that there is unnecessary classification, that
the assigned classification is Improper, or
that the document Is subject to declassifica-
tion under this order, he shall so Inform
the originator who shall thereupon re-ex-
amine the classification.
Sec. 5. Declassification and Downgrading.
Classified information and material, unless
declassified earlier by the original classifying
authority, shall be declassified and down*
graded in accordance with the following
rules:
(A) General Declassification Schedule. (1)
"Top Secret." Information or material origi-
nally classified "Top Secret" shall become
automatically downgraded to "Secret" at the
end of the second full calendar year follow-
ing the year in which It was originated,
downgraded to "Confidential" at the end of
the fourth full calendar year following the
year in which It was originated, and de-
526
CONGRESSIONAL RECORD — SEN ATE
January 9, 1973
classified at the end of the tenth fuU calen-
aar year following the year In which it was
originated.
i2) '"Secret." Information and material
irlginally classified ■Secret" shall become
lutomatically downgraded to -Confidential"
it the end of the second full calendar year
following the vear in which it was originated,
iiid declassified at the end of the eighth full
:alendar year following the year in which
,t was originated.
(3) ■Confidential." Information and ma-
erlal criginallv classified "Confidential"
shall become automatically declassified at
the end of the sixth full calendar year fol-
lowing the vear in which it was originated.
(B) Exemption.? from General Declassifica-
tion Schedule. Certain classified information
Dr material may warrant some degree of pro-
tection for a period exceeding that provided
i-i the General Declassification Schedule. An
imcial authorized to originally classify in-
formation or material "Top Secret" may ex-
empt from the General Declassification
Schedule any level of classified information
ar material originated fey him or under his
supervision if it falls within one of the cate-
zorles described below. In each case such
official shall specify in writing on the ma-
terial the exemption category being claimed
and unless Impossible, a date or event for
iutomatlc declassification. The use of the
exempUon authority shaU be kept to the
absolute minimum consistent with national
security requirements and shaU be restricted
to the-ioUowlng categories.
1 1 1 Classified information or material fur-
nished by foreign governments or interna-
tional organizations and held by the United
States on the understanding that it be Ifept
in co.ifldence.
1 2) Classified information or material spe-
cincallv covered bv statute, or pertaining to
crypotography. or disclosing intelligence
sources or methods.
(3) Classified information or material dis-
closing a system, plan. Installation, project
or specific foreign relations matter the con-
tinuing protection of which Is essential to
the national security.
' i4) Clas.lfied Information or material the
disclosure of which would place a person In
immediate jeopardy.
(Ci Mandatory Revieu.- of Exempted Ma-
terial. All classified information and material
originated after the effective date of thli
order which is exempted under (B) above
from the General Declassification Schedule
shall be subject to a classification review by
the originating Department at any time after
the expiration of ten years from the date of
origin provided:
( 1 1 A Department or member of the public
requests a review;
I 2) The request describes the record with
sufficient particularity to enable the Depart-
ment to identify It; and
i3i The record can be obtained with only
a reasonable amotint of effort.
Information or material which no longer
qualifies for exemption under (B) above shall
be declassified. Information or material con-
tinuing to qualify under (Bi shall be so
marked and. unless impossible, a date for
automatic declassification shall be set.
(Di Applicability of the General Declassi-
fication Schedule to Previously Classified Ma-
terial. Information or material classified be-
fore the effective date of this order and
which Is assigned to Group 4 under Executive
Order 1050i. as amended by Executive Order
No 10964. shall be subject to the General
Declassification Schedule. All other Informa-
tion or material classified before the effective
date of this order, whether or not assigned
to Groups 1. 2, or 3 of Executive Order No.
10501. as amended, shall be excluded from
the General Declassification Schedule. How-
ever, at any time after the expiration of ten
years from the date of origin It shall be
subject to a mandatory classification review
and disposition under the same conditions
and criteria that apply to classified informa-
tion and material created after the effective
date of this order as set forth In (B) and (C)
above.
(E) Declassification of Classified Informa-
tion or Material After Thirty Years. All classi-
fied Information or m.iterlal which Is thirty
year^ old or more, whether originating be-
fore or after the effective date of this order,
shall be declassified under the following con-
ditions.
(1) All Information and material classified
after the effective date of this order shall,
whether or not declassification has been re-
quested, become automatically declassified
at the end of thirty full calendar years after
the date of its original classification except
for such specifically Identified information or
material which the head of the originating
Department personally determines in writing
at that time to require continued protection
because such continued protection is essen-
tial to the national security or disclosure
would place a person In Immediate Jeopardy.
In such case, the head of the Department
shill also specify the period of continued
classification.
(2) All Information and material classified
before the effective date of this order and
more than thirty years old shall be system-
atically reviewed for declassification by the
Archivist of the United States by the end
of the thirtieth full calendar year following
the year In which It was originated. In his
review, the Archivist will separate and keep
protected only such information or material
as is specifically identified by the head of the
Department in accordance with (E)(1)
above. In such case, the head of the De-
partment shall also specify the period of
continued classification.
(F) Departments Which Do Not Have Au.
thority For Original Classification. The pro-
visions of this section relating to the declas-
sification of national security Information
or material shall apply to Departments
which, under the terms of this order, do not
have concurrent authority to originally clas-
sify Information or material, but which
formerly had such authority under previous
Executive orders.
Sec. 6. Policy Directives on Access. Mar-
keting. Safekeeping, Accountability, Trans-
mission. Disposition and Destruction of Clas-
sified Information and Material. The Presi-
dent acting through the National Security
Council shall Issue directives which shall be
bl.^ding on all Departments to protect classi-
fied information from loss or compromise.
Such directives shall conform to the follow-
ing policies:
(A) No persons shall be given access to
classified information or material unless
such person has been determined to be trust-
worthy and unless access to such Informa-
tion Is necessary for the performance of his
duties.
(B) AU classified Information and material
shall be appropriately and conspicuously
marked to put all persons on clear notice of
Its classified contents.
(C) Classified information and material
shall be used, possessed, and stored only un-
der conditions which will prevent access by
unauthorized persons or dissemination to
unauthorized persons.
(D) All classified Information and ma-
terial disseminated outside the executive
bAnch under Executive Order No. 10865 or
otherwise shall be properly protected.
(E) Appropriate accountability records for
classified Information shall be established
and maintained and such information and
material shall be protected adequately dur-
ing all transmissions.
(F) Classified Information and material no
longer needed In current working files or for
reference or record purposes shall be de-
stroyed or disposed of In accordance with the
records disposal provisions contained In
Chapter 33 of Title 44 of the United States
Code and other applicable statutes.
(G) Classified Information or material
shall be reviewed on a systematic basis for
the purpose of accomplishing downgrading,
declassification, transfer, retirement and de-
struction at the earliest practicable date.
Sec. 7. Implementation and Review Re-
sponsibilities. (A) The National Security
Council shall monitor the implementation of
this order. To assist the National Security
Council, an Interagency Classification Re-
view Committee shall be established, com-
posed of representatives of the Departments
of State and Justice, the Atomic Energy Com-
mission, the Central Intelligence Agency and
the National Security Council Staff and a
Chairman designated by the President. Rep-
resentatives of other Departments in the
executive branch may be Invited to meet
with the Committee on matters of particu-
lar Interest to those Departments. This Com-
mittee shall meet regularly and on a con-
tinuing basis review and take action to en-
sure compliance with this order, and in
particular:
(1) The Committee shall oversee Depart-
ment actions to ensure compliance with the
provisions of this order and implementing
directl'es issued by the President through
the National Security Council.
(2) The Committee shall, subject to pro-
cedures to be established by it. receive, con-
plaints from persons within or without the
government with respect to the administra-
tion of this order, and in consultation with
the affected Department or Departments as-
sure that appropriate action is taken on such
suggestions and complaints
(3) Upon request of the Committee Chair-
man, any Department shall furnish to the
Committee any particular information or
material needed by the Committee in carry-
ing out Its functions.
(B) To promote the basic purposes of this
order, the head of each Department orig-
inating or handling classified information or
material shall:
( 1 ) Prior to the effective date of this order
submit to the Interagency Classification Re-
view Committee for approval a copy of the
regulations it proposes to adopt pursuant
to this order
(2 1 Designate a senior member of his staff
who shall ensure effective compliances with
and implementation of this order and shaU
also chair a Departmental committee which
shall have authority to act on all suggestions
and complaints with respect to the Depart-
ment's administration of this order.
(3) Undertake an initial program to fa-
miliarize the employees of his Department
with the provisions of this order. He shall
also establish and maintain active training
and orientation programs for employees con-
cerned with classified information or ma-
terial. Such programs shall Include, as a
. minimum, the briefing of new employees
and periodic reorientation during employ-
ment to impress upon each Individual his re-
sponsibility for exercising vigilance and care
In complying with the provisions of this or-
der. Additionally, upon termination of em-
ployment or contemplated temporary sepa-
ration for a sixty-day period or more, em-
ployees shall be debriefed and each reminded
of the provisions of the Criminal Code and
other applicable provisions of law relating to
penalties for unauthorized disclosure.
(C) The Attorney General, upon request of
the head of a Department, his duly des-
ignated representative, or the Chairman of
the above described Committee, shall per-
sonally or through authorized representatives
of the Department of Justice render an in-
terpretation of this order with respect to any
question arising In the course of Us admin-
istration.
Sec. 8 Material Covered bv the Atomic
Energy Act. Nothing in this order shall super-
sede any requirements made by or under the
Atomic Energy Act of August 30, 1954, as
amended. "Restricted Data," and material
designated as "Formerly Restricted Data
shall be handled, protected, classified, down-
graded and declassified In conformity with
January 9, 1973
CONGRESSIONAL RECORD— SENATE
C27
the provisions of the Atomic Energy Act of
1954. as amended, and the regulations of the
Atomic Energy Commission.
Sec 9. Special Departmental Arrangements.
The originating Department or other appro-
priate authority may Impose, in conformity
with the provisions of this order, special re-
quirements with respect to access, distribu-
tion and protection of classified information
and material, including those which pres-
ently relate to communications intelligence,
mteiligence sources and methods and
crvptographv.
Sec 10. Exceptional Cases. In an excep-
tional case when a person or Department not
authorized to classify information originates
Information which is believed to require
classification, such person or Department
shall protect that Information in the manner
prescribed by this order. Such persons or
Department shall transmit the information
forthwith, under appropriate safeguards, to
the Department having primary interest in
the subject matter with a request that a de-
termination t>e made as to classification.
Sec 11- Declassification of Presidential
Pavers. The Archivist of the United States
shall have authority to review and declassify
Information and material which has t)een
classified by a President, his White House
Staff or special committee or commission ap-
pointed by him and which the Archivist has
in his custody at any archival depository. In-
cluding a Presidential Library. Such declassi-
fication shall only be undertaken in accord
with: (I) the terms of the donor's deed of
gift, (11) consultation with the Departments
having a primary subject-matter interest,
and (ill) the provisions of Section 5.
Sec 12. Historical Research and Access by
Former Government officials. The require-
ment in Section 6ia) that access to classified
Information or material be gran-ed only as
is necessary for the performance of one's
duties shall not apply to persons outside the
executive branch who are eng:iged In his-
torical research projects or who have pre-
viously occupied policy-making positions to
which tliey were appointed by the President:
Provided, however, that In each case the head
of the originating Department shall:
(i) cietermine that access is clearly con-
sistent with the interests of national se-
curity, and
(11) take appropriate steps to asstire that
classified information or material is not pub-
lished or otherwise compromised.
Access granted a person by reason of his
having previously occupied a policy-making
position shall be limited to those papers
which the former official originated reviewed,
signed or received while in public office.
Sec 13. Administrative and Judicial Action.
(A) Any officer or employee of the United
States who unnecessarily classifies or over-
classifies information or material shall be
notified that his actions are in violation of
the terms of this order or of a directive of
the President issued through the National
Security Council. Repeated abuse of the
classification process shall be grounds for
an administrative reprimand. In any case
where the Departmental committee or the
Interagency Classification Review Committee
finds that unnecessary classification or over-
classification has occurred, it shall make a
report to the head of the Department con-
cerned in order that corrective steps may be
taken.
iB) The head of each Department is' di-
rected to take prompt and stingent admin-
istrative action against any officer or em-
ployee of the United States, at any level of
employment, determined to have been re-
sponsible for any release or disclosure of
national security Information or material In
a manner not authorized by or under this
order or a directive of the President Issued
through the National Security Council.
Where a violation of criminal statutes may
be Involved. Departments will refer any such
case promptly to the Department of Justice.
Sec. 14. Revocation of Executive Order No.
10501. Executive Qrder No. 10501 of Novem-
ber 5. 1953. as amended by Executive Orders
No. 10816 of May 8, 1959,' No. 10901 of Jan-
uary 11. 1961. No. 10964 of September 20.
1961, No. 10985 of January 15, 1962, No. 11097
of March 6. 1963 and by Section 1(a) of No.
11382 of November 28, 1967, is superseded as
of the effective date of this order.
Sec. 15. Effective date. This order shall be-
come effective on June 1, 1972.
Richard Nixon.
The White House, March 8. 1972.
|FR Doc. 72-3782 Piled 3-9-72; 11:01 am]
Executive Order 10501 — Safegtj/wding Of-
ficial Information in the Interests of
THE Defense of the United States
Whereas it Is essential that the citizens
of the United States be Informed concerning
the activities of their government; and
Whereas the Interests of national defense
require the preservation of the ability of
the United States to protect and defend It-
self against all hostile or destructive action
by covert or overt means, includm^ espionage
as well as military action; and ?f
Whereas it is essential that certkin official
Information affecting the national defense
be protected uniformly against unauthorized
disclosure:
Now, therefore, by virtue of the authority
vested in me by the Constitution and stat-
utes, and as President of the United States,
and deeming such action necessary in the
best interests of the national security, it la
hereby ordered as follows:
Section 1. Classification Categories. Official
Information which requires protection in the
Interests of national defense shall be limited
to three categories of classification, which
In descending order of importance shall carry
one of the following designations: Top Se-
cret, Secret, or Confidential. No other desig-
nation shall be used to classify defense in-
formation, including military information, as
requiring protection in the incerests of na-
tional defense, except as expressly provided
by statute. These categories are defined as
follows ;
( a ) Top Secret. Except as may be expressly
provided by statute, the use of the classifi-
cation Top Secret shall be authorized, by
appropriace authority, only for defense in-
formation or material which requires the
highest degree of protection. The Top Secret
classification shall be applied only to that in-
formation or material the defense aspect of
which is paramount, and the unauthorized
disclosure of which could result In excep-
tionally grave damage to the Nation such
as leading to a definite break in diplomatic
relations affecting the defense of the United
States, an armed attack against the United
States or its allies, a war, or the compromise
of military or defense plans, or intelligence
operations, or scientific or technological de-
velopments viral to the national defense.
(b) Secret. Except as may be expressly
provided by statute, the use of the classifica-
tion Secret shall be authorized, by appropri-
ate authority, only for defense information
or material the unauthorized disclosure of
which could result in serious damage to the
Nation, such as by Jeopardizing the Inter-
national relations of the United States, en-
dangering the effectiveness of a program or
pilicy of vital Importance to the national
defen.-'e. or compromising Important mili-
tary or defen.se plans, scientific or technolog-
ical developments Important to national
defen-e, or Information revealing important
Intelligence operations
(c) Confidential. Except as may be ex-
pressly provided by statute, the use of the
classification Confidential shall be author-
ized, by appropriate authority, only- for de-
fense Information or material the unauthor-
ized disclosure of which could be prejudicial
to the defense Interests of the nation.
Sec 2. Limitation of Authority to Classify.
The authority to classify defense Informa-
tion or material under this order shall be
llmlfed In the departments and agencies of
the '>xe;uti ve branch as hereinafter specified.
Departments and agencies subject to the
specified llmltaJons shall be designated by
the Prendent:
(a) In those departments and agencies
having no direct resfjonslollity fcr national
defense there shall be no authority for origi-
nal classification of information or material
under this order.
(b) In those departments and agencies
having partial but not primary responsiblllt;'
for matters pertaining to national defense
the authority for original clas.-.iflcation of
information or material under this order
shall be exercised only by the head of the
department or agency, without delegation.
(c) In those departments and agencies not
affected by the provisions of subsection (at
and (b), above, the authority for original
classification of Information or material un-
der this order shall be exercised only by
responsible officers or employees, who shall
be specifically designated for this purpose.
Heads of such departments and agencies
shall limit the delegation of authority to
classify as severely as to consistent with the
orderly and expeditious transaction of Gov-
ernment business.
Sec. 3. Classification. Persons designated to
have authority for original classification of
Information or material which requires pro-
tection in the interests of national defense
under this order shall be held responsible
for Its proper classification in accordance
with the definitions -of the three categories
In section 1. hereof. Unnecessary classifica-
tion and over-classification shall be scrupu-
lously avoided. The following special rules
shall be observed In classification of defense
Information or material:
(a) Documents in General Documents
shall be classified according to their own
content and not necessarily according to
their relationship to other documents Ref-
erences to classified material which do not
reveal classified defense Information shall
not be classified.
(b) Physically Connected Docum''nts. The
classification of a file or group of physically
connected documents shall be at least as
high as that of the most highly classified doc-
ument therein. Documents separated from
the file or group shall be handled in accord-
ance with their Individual defense classifica-
tion.
(c) Multiple Classification. A document
product, or substance shall bear a classifici-
tlon at least as high as that of its hiijiiest
classified component. The document, prod-
uct, or substance shall bear only one over-aU
classification, notwithstanding that pages,
paragraphs, sections, or components thereof
bear different classifications.
(d) Transmittal Letters. A lotter transmit-
ting defense Information shall be classified at
least as high as its highest classified en-
closure.
(e) Information Originated by a Foreign
Government or Organization. Defen.se In-
formation of a classified nature furnished to
the United States by a foreign government or
International organization shall be assigned
a classification which will assure a degree of
protection equivalent to or greater than that
required by the government or international
organization which furnished the Informa-
tion.
Sec. 4. Declassification. Downgrading, or
Upgrading. Heads of departments or agencies
originating classified material shall designate
persons to be responsible for ccntlnulng re-
view of such classified material frr t^e pur-
pose of declassifying or downgrading it
628
CONGRESSIONAL RECORD — SENATE
Jamiarij 9, 1973
whenever national defense considerations
permit, and for receiving requests for such
review from all sources. Formal procedures
shall be established to provide specific means
for prompt review of classified material and
Its declassification or downgrading in order to
preserve the effectiveness and integrity of
the classification system and to eliminate ac-
cumulation of classified material which no
longer requires protection In the defense In-
terest. The following special rules shall be
observed with respect to changes of classi-
fication of defense material:
(a) Autorriatic Changes. To the fvillest ex-
tent practicable, the classifying authority
shall indicate on the material (except tele-
grams) at the time of original classification
that after a specified event or date, or upon
removal of classified enclosures, the ma-
terial will be downgraded or declassified.
(b) Non-Automatic Changes. The persons
designated to receive requests for review of
classified material may downgrade or declas-
sify such Diaterial when circumstances no
longer warrant its retention In its original
classification provided the consent of the ap-
propriate classifying authority has been ob-
tained. The downgrading or declassification
of extracts from or paraphrases of classified
documents shall also require the consent of
the appropriate classifying authority unless
the agency making such extracts knows posi-
tively that they warrant a classification lower
than that of the document from which ex-
tracted, or that they are not classified.
(C) Material Officially TransferTed. In the
case of material transferred by or pursuant
to statute or Executive order from one de-
partment or agency to another for the lat-
ter's use and as part of Its official flies or
property, as distinguished from transfers
merely for purposes of storage, the receiving
department or agency shall be deemed to be
the classifying authority for all purposes un-
der this order. Including declassification and
downgrading.
fd) Material Not Officially Trans/erred.
When any department or agency has In Its
possession any classified material which has
become five years old. and It appears (1) that
such material originated in an agency which
has since become defunct and whose files and
other property have not been officially trans-
ferred to another department or agency
within the meaning of subsection (c), above,
or (2) that It is impossible for the possessing
department or agency to identify .the origi-
nating agency, and (3) a review of*the mate-
rial Indicates that It should be downgraded
or declassified, the said possessing depart-
ment or agency shall have power to declassi-
fy pr downgrade such material. If It appears
probable that another department or agency
may have a substantial Interest In whether
the classification of any particular informa-
tion should be maintained, the possessing
department or agency shall not exercise the
power conferred upon it by this subsection,
except with the consent of the other depart-
ment or agency, until thirty days after it has
notified such other department or agency of
the nature of the material and of Its Inten-
tion to declassify or downgrade the same.
During such thirty-day period the other de-
partment or agency may. If It so desires, ex-
press Its objections to declassifying or down-
grading the particular material, but the
power to make the ultimate decision shall
reside In the possessing department or agen-
cy.
(e) Classified Telegrams. Such telegrams
shall not be referred to. extracted from,
paraphrased, downgraded, declassified, or
disseminated, except In accordance with
special regulations issued by the head of the
originating department or agency. Classified
telegrams transmitted over cryptographic
systems shall be handled in accordance with
the regulations of the transmitting depart-
ment or agency.
it) Doumgrading . It the recipient of classi-
fied material believes that It has been clas-
sified too highly, he may make a request to
the reviewing official who may downgrade
or declassify the material after obtaining the
consent of the appropriate classifying au-
thority.
(g) Upgrading. If the recipient of unclas-
sified material believes that it should be
classified, or if the recipient of classified
material believes that Its classification is not
sufficiently protective, it shall be safeguarded
in accordance with the classification deemed
appropriate and a request made to the re-
viewing official, who may classify the mate-
rial or upgrade the classification after ob-
taining the consent of the appropriate clas-
sifying authority.
(h) Notification of Change in Classifica-
tion. The reviewing official taking action to
declassify, downgrade, or upgrade classified
material shall notify all addressees to whom
tli^ material was originally transmitted.
Sec. 5. Marking of Classified Material. Af-
ter a determination of the proper defense
classification to be assigned has been made
In accordance with the provisions of thi^
order, the classified material shall be marked
ai follows ;
(a) Bound Documents. The assigned de-
fense classification on bound documents,
such as book or pamphlets, the pages of
which are permanently and securely fastened
together, shall be conspicuously marked
stamped on the outside of the front cover,
on the title page, on the first page, on the
back page and on the outside of the ba-'
cover. In each case the markings shall be
applied to the top and bottom of the page
or cover.
(b) Unbound Documents. The assigned de-
fense classification on unbound documents,
such as letters, memoranda, reports, tele-
grams, and other similar documents, the
pages of which are not permanently and
securely fastened together, shall be con-
spicuously marked or stamped at the ton
and bottom of each page. In stich manner
that the marking will be clearly visible whe i
the pages are clipped or stapled together.
(c) Charts. Maps, and Drawings. Classified
charts, maps, and drawings shall carry the
defense classification marking under the
Tegend, title block, or scale in such manner
that It will be reproduced on all copies made
therefrom. Such classification shall also be
marked at the top and bottom in each in-
stance.
(d) Photographs, Films and Recordings.
Classified photographs, films, and recordings,
and their containers, shall be conspicuously
and appropriately marked with the assigned
defense classification.
(e) Products or Substances. The assigned
defense classification shall be conspicuously
marked on classified products or substances,
If possible, and on their containers, if pos-
sible, or, If the article or container cannot be
marked, written notification of such classi-
fication shall be furnished to recipients of
such products or substances.
(f) Reproductions. All copies or reproduc-
tions of classified material shall be appro-
priately marked or stamped In the same man-
ner as the original thereof.
(g^ Unclassified Material. Normally, un-
classified material shall not be marked or
stamped Unclassified unless It is essential to
convey to a recipient of such material that It
has been examined specifically wlih a view to
Imposing a defense classification and has
been determined not to require such classi-
fication. — ^
(h) Change or Removal of Classification.
Whenever classified material is declassified,
downgraded, or upgraded, the material shall
be marked or, stamped In a prominent place
to reflect the change In classification, the
authority for the action, the date of action.
and the Identity of the person or unit taking
the action. In addition, the old classification
marking shall be cancelled and the new clas-
sification (if any) substituted therefor. Xuto-
matic change In classification shall be indi-
cated by the appropriate classifying author-
ity through marking or stamping In a promi-
nent place to reflect information specified in
subsection 4(a) hereof.
(1) Material Furnished Persons not in the
Executive Branch of the Government. When
classified material affecting the national de-
fense Is furnished authorized persons, in or
out of Federal service other than those in
the executive branch, the following notation,
m addition to the assigned classification
marking, shall whenever practicable be
placed on the material, on its container, or
on the written notification of its assigned
classification:
"This material contains information affect-
ing the national defense of the United States
within the meaning of the espionage laws.
Title 18, U.S.C, Sees. 793 and 794, the trans-
mission or revelation of which in any man-
ner to an unauthorized person is prohibited
by law."
Use of alternative marking concerning "Re-
stricted Data" as defined by the Atomic
Energy Act Is authorized when appropriate.
Sec. 6. Custody and Safekeeping: The pos-
session or use of clas.sified defense informa-
tion or material shall be limited to locations
where facilities for secure storage or pro^c-
tlon thereof are available by means of which
unauthorized persons are prevented from
gaining access thereto. Whenever such In-
formation or material is not under the per-
sonal supervision of its custodian, whether
during or outside of working hours, the fol-
lowing physical or mechanical means shall be
taken to protect it :
(a) Storage of Top Secret Material. Top
Secret defense material shall be protected In
storage by the most secure facilities possible.
Normally It will be stored in a safe or a safe-
type steel file container having a three-posi-
tion, dial-type, combination lock, and being
of such weight, size, construction, or instal-
lation as to minimize the possibility of sur-
reptitious entry, physical theft, damage by
fire, or tampering. The head of a department
or agency may approve other storage facili-
ties for this material which offer comparable
or better protection, such as an alarmed area,
a vault, a secure vault-type room, or an area
under close surveillance of an armed guard.
(b) Secret and Confidential Material. These
categories of defense material may be stored
In a manner authorized for Top Secret mate-
rial, or In metal file cabinets equipped with
steel lockbar and an approved three combina-
tion dial-type padlock from which the manu-
facturer's identification numbers have been
obliterated, or in comparably secure facilities
approved by the head of the departfljentoy
agency. *^
(c) Other Classified Material. Heads of
departments and agencies shall prescribe
such protective facilities as may be neces-
sary in their departments or agencies for
material originating under statutory pro-
visions requiring protection of certain in-
formation.
(d) Changes of Lock Combinations. Com-
binations on locks of safekeeping equip-
ment shall be changed, only by persons hav-
ing appropriate security clearance, when-
ever such equipment Is placed In use after
procurement from the manufacturer or
other sources, whenever a person knowing
the combination Is transferred from the of-
fice to which the equipment is assigned, or
whenever the combination has been sub-
jected to compromise, and at least once
every year. Knowledge of combinations
shall be limited to the minimum number
of persons necessary for operating purposes.
Records of combinations shall be classified
no lower than the highest category of classi-
Januarij 9, 1973
CONGRESSIONAL RECORD — SENATE
629
fled defense material authorized for stor-
age in the safekeeping equipment concerned.
le) Custodian's Responsibilities. Custodi-
ans of classified defense material shall be re-
sponsible for providing the best possible pro-
tection and accountability for such material
at all times and particularly for security
locking classified material in approved safe-
keeping equipment whenever It is not in use
or under direct supervision of authorized em-
ployees. Custodians shall follow procedures
which Insure that unauthorized persons do
not gain access to classified defense informa-
tion or material by sight or sound, and classi-
fied information shall not be discussed with
or in the presence of unauthorized persons.
(f) Telephone Conversations. Defense In-
formation classified In the three categories
under the provisions of this order shall not
be revealed in telephone conversations, ex-
cept as may be authorized under section 8
hereof with respect to the transmission of
Secret and Confidential material over cer-
tain military communications circuits.
(g) Loss of Subjection to Compromise. Any
person in the executive branch who has
knowledge of the loss or possible subjection
to compromise of classified defense Informa-
tion shall promptly report the circumstances
to a designated official of his agency, and the
latter shall take appropriate action forth-
with, including advice to the originating de-
partment or agency.
Sec. 7. Accountability and Dissemination.
Knowledge or possession of classified defense
information shall be permitted only to per-
sons who official duties require such access
In the Interest of promoting national defense
and only If they have been determined to be
trustworthy. Proper control of dissemination
of classified defense Information shall be
maintained at all times, including good ac-
countability records of classified defense in-
formation documents, and severe limitation
on the number of such documents originated
as well as the number of copies thereof re-
produced. The number of copies of classified
defense information documents shall be kept
10 a minimum to decrease the risk of com-
promise of the information contained In such
documents and the financial burden on the
Government In protecting such documents.
The following special rules shall be observed
in connection with accountability for and
di:5semlnatlon of defense information or
material :
(a) Accountability Procedures. Heads of
departments and agencies shall prescribe
such accountability procedures as are nec-
essary to control effectively the dissemina-
tion of classified defense Information, with
particularly severe control on material classi-
fied Top Secret under tnls order. Top Secret
Coutrol Officers shall be designated, as re-
quired, to receive, maintain accountability
registers of, and dispatch Top Secret ma-
terial.
(b) Dissemination Outside the Executive
Branch. Classified defense information shall
not be disseminated outside the executive
branch except under conditions and through
channels authorized by the head of the dis-
seminating department or agency, even
though the person or agency to which dis-
semination of such information Is proposed
to be made may have been solely or partly
responsible for its production.
(c) Information Originating in Another
Department or Agency. Except bs otherwise
provided by section 102 of the National Se-
curity Act of July 26. 1947, c. 343, 61 Stat.
498. as amended, 50 U.S.C. sec. 403, classi-
fied defense information originating in an-
other department or agency shall not be dis-
seminated outside the receiving department
or agency without the consent of the origi-
nating department or agency. Documents
and material containing defense Informa-
tion which are classified Top Secret or Secret
shall not be reproduced without the con-
sent of the originating department or
agency.
Sec. 8. Transmission. For transmission
outside of a department or agency classified
Hjefense material of the three categories orig-
inated under the provisions of this order
shall be prepared and transmitted as fol-
lows:
(a) Preparation for Transmission. Such
material shall be enclosed in opaque Inner
and outer covers. The inner cover shall be
a sealed wrapper or envelope plainly marked
with the assigned classification and address.
The outer cover shall be sealed and addressed
with no Indication of the classification of
Its contents. A receipt form shall be attached
to or enclosed In the inner cover, except
that Confidential material shall require a
receipt only if the sender deems It necessary.
The receipt form shall Identify the addresser,
addressee, and the document, but shall con-
tain no classified information. It shall be
signed by the proper recipient and returned
to the sender.
(b) Transmitting Top Secret Material. The
transmission of Top Secret material shall
be effected preferably by direct contact of
officials concerned, or, alternatively, by spe-
clficially designated personnel, by State De-
partment diplomatic pouch, by a messenger-
courier system especially created for that
purpose, or by electric means in encrypted
fomi; or in the case of information trans-
mitted by the Federal Bureau of Investiga-
tion, such means of transmission may be
used as are currently approved by the Direc-
tor, Federal Bureau of Investigation, unless
express reservation to the contrary Is made
in exceptional cases by the originating
agency.
(c) Transmitting Secret Material. Secret
material shall be transmitted within the con-
tinental United States by one of the means
established for Top Secret material, by an
authorized courier, by United States reg-
istered mall, or by protected commercial ex-
press, air or surface. Secret material may be
transmitted outside the continental limits
of the United States by one of the means
established for Top Secret material, by com-
manders or masters of vessels of United
States registry, or by United States Post
Office registered mail through Army, Navy,
or Air Force postal facilities, provided that
the material does not at any time pass out
of United States Government control and
does not pass through a foreign postal sys-
tem. Secret material may. however, be trans-
mitted between United States Government
and or Canadian Government Installations In
continental United States, Canada, and Alas-
ka by United States and Canadian registered
mall with registered mail receipt. In an
emergency. Secret material may also be trans-
mitted over military communications cir-
cuits In accordance with regulations promul-
gated for such purpose by the Secretary of
Defense.
(d) Transmitting Confidential Material.
Confidential defense material shall be trans-
mitted within the United States by one of
the means established for higher classifica-
tions, by registered mail, or by express or
freight under such specific conditions as
may be prescribed by the head of the de-
partment or agency concerned. Outside the
continental United States. Confidential de-
fense material shall be transmitted in the
same manner as authorized for higher clas-
sifications.
(e) Within an Agency. Preparation of clas-
sified defense material for transmission, and
transmission of It. within a department or
agency shall be governed by regulations, is-
sued by the head of the department or agen-
cy, insuring a degree of security equiva-
lent to that outlined above for transmis-
sion outside a department or agency.
Sec. 9. Disposal and Destruction. Docu-
mfentary record material made or received
by a department or agency In connection
with transaction of public business and pre-
served as evidence of the organization, func-
tions, policies, operations, decisions, pro-
cedures or other activities of any department
or agency of the Government, or because of
the informational value of the data con-
tained therein, may be destroyed only In ac-
cordance with the act of July 7, 1963, c. 192,
57 Stat. 380. as amended. 44 U.SC. 366-380.
Non-record classified material, consisting of
extra copies and duplicates iticluding short-
hand notes, preliminary drafts, used carbon
paper, and other materials or similar tem-
porary nature, may be destroyed, under pro-
cedures established by the head of the de-
partment or agency which meet the follow-
ing requirements, as soon as It has served Its
purpose :
(a) Methods of Destruction. Classified de-
fense material shall be destroyed by burn-
ing in the presence of an appropriate official
or by other methods authorized by the
head of an agency provided the resulting
destruction is equally complete.
(b) Records of Destruction. Appronriate
accountability records maintained In the
department or agency shall reflect the de-
struction of classified defense material.
Sec. 10. Orientation and Inspection. To
promote the basic purposes of this order,
heads of those departments and agencies
originating or handling classified defense
Information shall designate experienced
persons to coordinate and supervise the
activities applicable to their departments or
agencies under this order. Persons so desig-
nated shall maintain active training and
orientation programs for employees con-
cerned with classified defense information
to impress each such employee with his
Individual responsibility for exercising vigi-
lance and care in complying with the pro-
visions of this order. Such persons shall be
authorized on behalf of the heads of the
departments and agencies to establish ade-
quate and active inspection programs to the
end that the provisions of this order are
administered effectively.
Sec. 11' Interpretation of Regulations by
the Attorney General. The Attorney Gen-
eral, upon request of the head of a depart-
ment or agency or his dvily designated rep-
resentative, shall personally or through au-
thorized representatives of the Department
of Justice render an interpretation of these
regulations In connection with any prob-
lems arising out of their administration.
Sec. 12. Statutory Requirements. Nothing
in this order shall be construed to authorize
the dissemination, handling or transmission
of classified Information contrary to the pro-
visions of any statute.
Sec. 13. "Restricted Data" as Defined m
the Atomic Energy Act. Nothing in this order
shall supersede any requirements made by
or under the Atomic Energy Act of August 1,
1946. as amended. "Restricted Data" as de-
fined by the said act shall be handled,
protected, classified, downgraded, and de-
classified in conformity with the provisions
of the Atomic Eeaergy Act of 1946, as
amended, and the regulations of the Atomic
Energy Commission.
Sec. 14. Combat Operations. The provi-
sions of this order with regard to dissemina-
tion, transmission, or safekeeping of classi-
fied defense information or material may
be so modified in connection with combat
or combat -related operations as the Secre-
tary of Defense may by regulations prescribe.
Sec. 15. Exceptional Cases. When, In an
exceptional case, a person or agency not
authorized to classify defense Information
originates information which is believed to
require classification, such person or agency
shall protect that information in the man-
ner prescribed by this order for that cate-
gory of classified defense Information Into
which It is believed to fall and shall trans-
mit the Information forthwith, under ap-
propriate safeguards, to the department,
agency, or person having both the authority
to classify Information and a direct official
Interest In the information (preferably, that
department, agency, or person to which the
630
CONGRESSIONAL RECORD — SENATE
mary 9, 1973
information would be transmitted in the or-
dinary course of business^ . with a reqi;est
that such department. S^ncy. or per;on
classify the Information.
Sec. 16. Reiieie to Insure That Informa-
tion Is Not Improperly Withheld Hereunder.
The Prssident shall designate a member of
his staff who shall receive, consider, and
take action upon, .suggestions or complaints
from non-Governmental sources relating to
the operation of this order.
Sfc. 17. Review to Insure Safeguarding of
Classified Defense Information. The .Na-
tional Security Council shall conduct a con-
tinuing review of the implementation of this
order to insure that classified defense In-
formation is properly safeguarded, in con-
formity herewith.
■ Sec. 18. Revieu: Within Departments and
Agenciei. The head of each department and
agency shall designate a member or mem-
bers of his staff who shall conduct a con-
tinuing review of the implementation of this
order within the department or agency con-
cerned to insure that no information Is with-
held hereunder which the people of the
United States have a right to know, and to
Insure that classified defense Information
is properly safeguarded in conformity here-
with.
Sec. 19. Revocation of Executive Order No.
10290. Executive Order No. 10290 of Septem-
ber 24. 1951 is revoked as of the effective date
of this order
Sec, 20. Effective Date. This order shall be-
come effective on December 15, 1953.
DWICHT D. Eisenhowep..
The WHrrE House. November 5, 1953.
Leg.m,' Basis for the Classification Program
Information on the legal basis for the se-
curity classification program was previously
furnl.<'hed to the Chairman of the Senate
Foreign Relations Committee by letter of
April 30, 1970. from the Legal Adviser of the
Department of State. John R. Stevenson.
(Copy Attached).
The legal statement then provided was
taken from the 1957 Report of the Commis-
sion on Government Security, and it Is set
forth below for ease of reference.
ArTHORlTY FOR THE PROGRAM
"As previously noted, the current legal
authority for the document classification
program Is E.xecutlve Order 10501. which be-
came effective December 15. 1953, and re-
voked Executive Order 10290.
April 30, 1970.
Hon J. William F^ctlbright,
Chairman. Committee on Foreign Relations
US Senate. Washington, D.C.
Dear Mr, Chairman: I refer to your In-
quiry of March 26, 1970 as to the statutory
authority for Executive Order 10501, con-
cerning the safeguarding of official informa-
tion. In 1957 a Commission on Government
Security, appointed by President Elsenhower,
the Speaker of the House of Representatives,
and *he President of the Senate, pursuant
to Public Law 304. Eighty-Fourth Congress,
considered the legal basis for Executive Order
lOSOh I am enclosing for your Information
the pertinent section of the Commission's
report. You should be aware that one of the
statutes cited in the report. 5 U.S.C. 5 22 ( now
5 tJ.S.C. § 301), was amended In 1958 and Is
no longer relevant.
In addition to the statutes cited by the
Report, there are other statutory provisions
that contemplate and assume a system of
classification of information. For example,
section 142 of the Atomic Energy Act of
1954 (42 U S.C § 2162 (c) I provides that, up-
on Joint determination of the Atomic Energy
Commission and the Department of Defense,
data which relate primarily to the military
utilization of atomic weapons and "can be
adequately safeguarded as defense Informa-
tion ' mav be removed from the classification
of "restricted data". This provision Is ob-
viously predicated on the system for pro-
tection provided for in Executive Order 10501.
See also the exception. In the Freedom of
Information Act. for classified information
"specifically required by Executive Order to
be kept secret in the Interest of the national
defense or foreign policy." 5 U.S.C. 552(b)
(D).
We have discussed this matter with As-
sistant Attorney General Rehnqulst of the
Department of Justice who informs us that
the Justice Department agrees with the Com-
mission's report regarding the legal basis for
Executive Order 10501 subject to the points
made above.
I hope this Information is helpful to you.
Sincerely.
i John R. Stevenson,
I The Legal Adviser.
Report of the Commission on Government
Secitrity
LEGAL BASIS
Authority for the program
As previously noted, the current legal au-
thority for the document classification pro-
gram is Executive Order 10501. which became
affective December 15, 1953, and revoked Ex-
ecutive Order 10290."
Legal justification for the order
The preamble of the order contains the
standard recitation that It was Issued, "By
virtue of the authority vested In me by the
Constitution and statutes as President of the
United States." Therefore, to be valid. Execu-
tive Order 10501 must be the product of a
proper exercise of executive power derived
either from executive authority conferred by
the Constitution or from statutory authority,
or both.
A. ExEctTTivE Authority Conferred by the
Constitution. — Pertinent sections of the
Constitution appear to contain no express
authority for the Issuance of an order sucbas
Executive Order 10501. However, the requlsYtg,
Implied authority would seem to lie wlthlii
article II which says In section 1: "The ex-
ecutive power shall be vested In a President
of the United States of America"; and in sec-
tion 2: "The President shall be Commander
In Chief of the Army and Navy of the United
States"; and in section 3: "... he shall take
care that the laws be faithfully executed."
When these provisions are considered In
light of the existing Presidential authority to
appoint and remove executive officers directly
responsible to him. there is demonstrated the
broad Presidential supervisory and regulatory
authority over the Internal operations of the
executive branch. By Issuing the proper Ex-
ecutive or administrative order he exercises
this power of direction and supervision over
his subordinates in the discharge of their
duties. He thus "takes care" that the laws
are being faithfully executed by those acting
in his behalf: and in the Instant case the
pertinent laws would Involve espionage, sabo-
tage, and related statutes, should such Presl-
aeutial authority not be predicted upon
statutory authority or direction.
• Executive Order 10501 Is entitled "Safe-
guarding Official Information In the Interests
of the Defense of the United States." In sum-
mary. It establishes the classification cate-
gories of "confidential." "secret," and "top
secret." It Is designed to regulate the day-
by-day handling of national security infor-
mation within the various executive agencies
and departments by prescribing uniform pro-
cedures governing the classification, trans-
mission, dissemination, custody, and disposal
of such information. In addition, there Is
provision for review of the entire classifica-
tion program to Insure adequate protection of
the national security as well as to insure that
no Information is withheld thereunder which
the people of the United States have a right
to know.
B. Statutory Authority.— ^hile there is
no specific statutory authority for such an
order or Executive Order lx)501. various
statutes do afford basis upon \ijliich to Justify
the issuance of the order. |
A statute frequently cited a^'affordlngsome
implied authority for the issuance of Execu-
tive Order 10501 Is found in 5 U.S.C.A. 22
which authorizes the heads of departments
and agencies, among other things "to pre-
scribe regulations, not inconsistent with law,
for . . . the conduct of its officers and clerks!
the distribution and performance of its busi-!
ness, and the custody, use. and preservation
of the records, papers, and property apper-
taining to it." The primary purpose is to
afford a check or brake upon the general
flow into the public domain of such agency
iiiformation which might reflect upon inter-
nal management or proposed policy, and the
publication of which could impede or preju-
dice efficient agency operation. The fact that
such information may Involve national se-
curity matters is not essential in giving
proper effect to the statutory language.
The espionage laws have imposed upon
the President a duty to make determinations
respecting the dissemination of information
having a relationship to the national de-
fense. For example, 18 U.S.C. 795 (a) provides
that "Whenever, in the interests of national
defense, the President defines certain vital
military and naval installations or equip-
ment as requiring protection against the
general dissemination of information rela-
tive thereto, it shall be unlawful to make
any photograph, sketch, picture etc."
Proceeding under this statute the President
Issued Executive Order 10104 which covers
information classified by the agencies of the
military establishments.-
In 18 U.S.C. 798 there is specific reference
to the unauthorized disclosure of "classified
Information" pertaining to the crj'ptographlc
and communication systems and facilities.
Furthermore, the term "classified informa-
tion" is defined as information which for
reasons of national security has been specifi-
cally designated by the proper government
agency for limited or restrictive dissemina-
tion or distribution.
The most significant legislation, which set
into motion the current document classifi-
cation program, was enacted in 1947, when
the Congress passed the National Security
Act " In order to provide an adequate and
comprehensive program designed to protect
the future security of our country. To ac-
complish this avowed purpose the act pro-
vided for the creation of a National Security
Council within the executive branch subject
to Presidential direction. Its Job Is to con-
sider and study security matters of common
interest to the departments and agencies
and to make appropriate recommendations
to the President. Within the framework of
this program, the Interdepartmental Com-
mitter on Internal Security (ICIS) came into
being, and the activity of this committee was
responsible for the issuance in 1951 of Exec-
' utlve Order 10290. which established the
original document classification program.
Thus it would appear that a document classi-
fication program is within the scope of the
activities sought to be coordinated by tlie
National Security Act of 1947, and that the
Issuance of an appropriate Executive order
establishing such a program Is consistent
with the policy of the act.
Prior to Issuance of Executive Order 10290,
Congress had apparently recognized the exist-
ing Presidential authority to classify infor-
mation within the executive branch when it
passed the Internal Security Act of 1950.'
Contained therein were provisions defining
two new criminal offenses involving classi-
fied information.
^ 15 F.R. 597. Feb. 1, 1950.
3 61 Stat. 496. July 26. 1947.
< 64 Stat. 937-1031.
January 9, 1973
CONGRESSIONAL RECORD — SEN ATE
631
Section 4(b) of the act makes It a crime
for any Federal officer or employee to give
security information classified by the Presi-
dent, or by the head of any department,
agency, or corporation with the approval of
the President, to any foreign agent or mem-
ber of a Communist organization, and sec-
tion 4 (c) makes It a crime for any foreign
agent or member of a Communist organiza-
tion to receive such classified security in-
formation from a Federal employee."
Conclusion
It is concluded, therefore, that in the ab-
sence of any law to the contrary, there Is an
adequate constitutional and statutory basis
upon which to predicate the Presidential au-
thority to Issue Executive Order 10501.
present program
Introduction
This survey, by definition, is concerned
with the activities of the Federal Govern-
ment as they involve policies and practices
with respect to classified documents. It is
not Intended to cover Information control
policies and practices that do not Involve
material subject to the classified Information
provisions of Executive Order 10501. Although
departmental and agency policies with re-
spect to information control may Impinge
upon the area of document classification,
they are governed by different criteria. The
criteria of document classification Involve
application of narrowly defined standards of
national security and defense. The criteria of
Information control, on the other hand. In-
volve the broadest kind of standards. They
range from the traditional claim against
privileged inlormatlon to the arguments for
the "housekeeping" privileges required In
the normal operation of the executive
branch.
Scope of the program
Although all Federal agencies have rules
of some type to control documents and in-
formation In their possession, relatively few
have the authority to restrict general avail-
ability of their material on grounds of Its
relevance to either national defense or se-
curity. Under Executive Order 10501 the au-
thority to apply the top secret, secret, or con-
fidential classification to Federal documents
was severely limited. The following 28 agen-
cies were denied authority to apply original
cjassification to material originated by them:
American Battle Monuments Commission;
Arlington Memorial Amphitheater Commis-
sion; Commission on Fine Arts; Committee
on Purchases of Blind-Made Products; Com-
mittee for Reciprocity Information; Com-
modity Exchange Commission; Export-Im-
port Bank of Washington; and Federal De-
posit Insurance Corporation.
Legal Basis
authority for the program
As previously noted, the current legal au-
thority for the document clsisslficatlon pro-
gram in Executive Order 10501, which be-
came effective December 15, 1953, and re-
voked Executive Order 10200.
"Executive Order 10501 is entitled 'Safe-
guarding Official Information In the In-
terests of the Defense of the United States."
In summary. It establishes the classification
categories of 'confidential,' 'secret,' and
'top secret.' It Is designed to regulate the
day-by-day handling of national security In-
formation within the various executive agen-
cies and departments by prescribing uni-
form procedures governing the classifica-
tion, transmission, dissemination, custody
and disposal of such information. In addi-
tion, there is provision for review of the
entire classification program to insure ade-
quate protection of the national security
as well as to Insure that no information is
withheld thereunder which the people of the
United States have a right to know.
'SOU. B.C. A. 783.
"legal justification for the order
"The preamble of the order contains the
standard recitation that it was issued. 'By
virtue of the authority vested in me by the
Constitution and statutes as President of the
United States." Therefore, to be valid. Ex-
ecutive Order 10501 must be the product of a
proper exercise of executive power derived
either from executive authority conferred by
the Constitution or from statutory author-
ity, or both.
"A. Executive Authority Conferred by the
Constitution. — Pertinent sections of the Con-
stitution appear to contain no express au-
thority for the issuance of an order such
as Executive Order 10501. However, the req-
uisite Implied authority would seem to lie
within article II which says In section 1;
•The executive power shall be vested in a
President of the United States of America";
and In section 2: 'The President shall be
Commander In Chief of the Army and Navy
of the United States"; and In section 3:
'. . . he shall take care that the laws be
faithfully executed.'
"When these provisions are considered in
light of the existing Presidential authority
to appoint and remove executive officers
directly responsible to him. there Is demon-
strated the broad Presidential supervisory
and regulatory authority over the Internal
operations of the executive branch. By issu-
ing the proper Executive or administrative
order he exercises this power of direction and
supervision over his subordinates in the dis-
charge of their duties. He thus 'takes care'
that the laws are being faithfully executed
by those acting in his behalf; and in the In-
stant case the pertinent laws would Involve
espionage, sabotage, and related statutes,
should such Presidential authority not be
predicated upon statutory authority or
direction.
•B. Statutory Authority.— VfiiQe there is
no specific statutory authority for such an
order or Executive Order 10501. various stat-
utes do afford a basis upon which to Justify
the Issuance of the order.
"A statute frequently cited as affording
some implied authority for the issuance of
Executive Order 10501 is found in 5 U.S.C.A.
22, which authorizes the heads of depart-
ments and agencies, among other things "to
prescribe regulations not Inconsistent with
law; for . . . the conduct of its officers and
clerks, the distribution and performance of
its business, and the custody, use. and pres-
ervation of the records, papers, and property
appertaining to it." The primary purpose is
to afford a check or brake upon the general
flow into the publle domain of such agency
Information which might refiect upon inter-
nal management or proposed policy, and the
publication of which could Impede or prej-
udice efficient agency operation. The fact
that such information may Involve national
security matters Is not essential in giving
proper effect to the statutory language.
"The espionage laws have imposed upon
the President a duty to make determinations
respecting the dissemination of Information
having a relationship to the national defense.
For e.xample. 18 U.S.C. 795 (a) provides that
"Whenever. In the Interests of national de-
fense, the President defines certain vital mili-
tary and naval installations or equipment as
requiring protection against the general dis-
semination of information relative thereto. It
shall be unlawful to make any photograph,
sketch, picture. . . . etc." Proceeding under
the statute the President Issued Executive
Order 10104 which covers Information classi-
fied by the agencies of the military establish-
ments.
"In 18 use. 798 there is specific reference
to the unauthorized disclosure of "classified
information'" pertaining to the cryptographic
and communication systems and facilities.
F\u-thermore. the term "classified Informa-
tion" Is defined as Information which for
reasons of national security has been specif-
ically designated by the proper government
agency for limited or restrictive dissemina-
tion or distribution.
The most significant legislation, which set
into motion the current document classifi-
cation program, was enacted In 1947, when
the Congress passed the National Security
Act In order to provide an adequate and
comprehensive program designed to protect
the future security of our country. To ac-
complish this avowed purpose the act pro-
vided for the creation of a National Security
Council within the executive branch sub-
ject to Presidential direction. Its Job Is to
consider and study security matters of com-
mon Interest to the departments and agen-
cies and to make appropriate recommenda-
tions to the President. Within the framework
of this program, the Interdepartmental Com-
mittee on Internal Security (ICIS) came Into
being and the activity of this committee was
responsible for the Issuance In 1951 of Execu-
tive Order 10290, which established the orig-
inal document classification program. Thus
It would appear that a document classifica-
tion program Is within the scope of the ac-
tivities sought to be coordinated by the Na-
tional Security Act of 1947, and that the
issuance of an appropriate Executive order
establishing such a program Is consistent
with the policy of the act.
"Prior to Issuance of Executive Order 10290,
Congress had apparently recognized the ex-
isting Presidential authority to classify In-
formation within the executive branch when
It passed the Internal Security Act of 1950.
Contained therein \*«re provisions defining
two new criminal offenses Involving classi-
fied Information.
"Section 4(b) of the act makes It a crime
for any Federal officer or employee to give
security information classified by the Presi-
dent, or by the head of any department,
agency, or corporation with the approval of
the President, to any foreign agent or mem-
ber of a Communist organization, and sec-
tion 4(c) makes It a crime for any foreign
agent or member of a Communist organiza-
tion to receive such classified security In-
formation from a Federal employee.
"CONCLUSION
"It Is concluded, therefore, that In the
absence of any law to the contrary, there
Is an adequate constitutional and statutory
basis upon which to predicate the Presiden-
tial authority to issue Executive Order
10501."
ORDER FOR ADJOURNMENT UNTIL
FRIDAY
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that when the
Senate completes its business today, it
stand in adjournment until 12 o'clock
meridian on Friday.
The PRESIDING OFFICER. Without
objection, it is so ordered.
ORDER FOR RECOGNITION OF SEN-
ATORS MOSS AND ABOUREZK ON
FRIDAY INSTEAD OF THURSDAY
Mr. ROBERT C. BYRD. I ask unan-
imous consent that the special orders
previously yranted with respect to the
Senator from Utah <Mr. Moss) and
the Senator from South Dakota 'Mr.
Aboorezk ) on Thursday be transferred to
Friday.
The PRESIDING OFFICER. Without
objection, it is so ordered.
TRANSACTION OF ROUTINE MORN-
ING BUSINESS ON FRIDAY
Mr. ROBERT C. BYRD. I ask unani-
mous consent that at the conclusion of
the remarks of the two Senators afore-
J
■nentioned on Friday, and of any other
Senators for whom special orders may
;oday be entered, there be a period for
:he transaction of routine morning busi-
leas of not to exceed 30 minutes, with
statements therein limited to 3 minutes.
The PRESIDING OFFICER. Without
abjection, it is so ordered.
DRDER FOR ADJOURNMENT FROM
FRIDAY UNTIL TUESDAY, JANU-
ARY 16. 1973
Mr. ROBERT C. BYRD. Mr. President,
: a'sk unanimous consent that when the
Beaate completes its business on Friday,
t stand in adjournment imtil 12 o'clock
■neridian on Tuesday next.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. I ask unanl-
nous consent that the time I have taken
)e aharged against myself, and not
igainst the Senator from Illinois.
The PRESIDING OFFICER. Without
abjection, it is so ordered.
132
CONGRESSIONAL RECORD — SENATE
January 9, 1973
IBlRMINATION OF HOUSING PRO-
GRAMS
Mr. PERCY. Mr. President, I deeply
"egret the decision of the executive
)r3|nph to suspend immediately the op-
?ratibn of our subsidized housing pro-
grams without consultation with the
Toogress. If any Member of this body
leite today, or if the minority or majority
eadership is aware that there has been
■0i3sultatj«^n with Congress, I would stand
o t)e corrected, but I am not aware of
my.
No one argues that these programs are
jeyond criticism or should not be con-
itajntly monitored and evaluated for ef-
ecjiveness. I have spoken on this floor
n>-5elf many times in recent years about '
;ibi*ses that have crept into these pro-
irams through failure to provide counsel-
ng services and through failure to pro-
ide oversight supervision as provided for
n the 1968 Housing Act itself. And no
(in^ can deny that it is a responsibility
i )f the Department of Housing and Urban
Development to propose changes in exist-
ng programs or to suggest new directions
or public policy when these programs
:aiS be improved, and I feel certain that
he^- can and constantly should be im-
)ra\-ed.
It is not in the public interest, however,
or the executive branch to act unilater-
I illy to virtually kill those programs de-
: igned to provide a better housing and
It ^ter environment for low- and mod-
Ta^'e-income people, particularly those
i-h^'live in our major urban areas.
1/ is not in the public interest, because
he e programs — particularly interest
: ub'idy programs such as the 235 and 236
pro*. "Yams — have resulted in more decent
homes in the last 3 years for low- and
I loderate-income families than were pro-
' ided in the entire period from 1940 to
' he present.
Just one program for instance, seciion
■•So^for the first time in the history of
hKcountry, has provided Government
^Mfcrt for homeownership opportuni-
liewifor lower income families that has
lie|fei provided for 30 years by the Gov-
4rt.jient to American families of mod-
erate- and middle-income, to try to sta-
bilize certain urban and rural areas of
America, to give such families a real
stake in our country and something to
work for. and the opportunity to acquire
a home of their own.
It is not in the public interest because
so much of the scandal currently sur-
rounding HUD programs — including
rapidly escalating default and foreclo-
sure rates — is the result of unsubsidized
programs, ones which apparently will re-
main in operation. The scandals are also
the result of the widely documented mis-
management by HUD of essentially sound
concepts.
It is not in the public interest because
keeping our pledge to the American peo-
ple of a decent home in a decent environ-
ment will be an extremely costly proposi-
tion. It cannot be done quickly or inex-
pensively. I believe the Congress and the
public both recognize this simple fact
and they are willing to pay the necessary
price to achieve a major domestic prior-
ity.
This action is not in the public interest
because it is a negative step, a backward
step, in a situation which requires bold
and affirmative action. We are shutting
down a major program without an alter-
native one in place.
The PRESIDING OFFICER. The Sen-
ator's time has expired.
Mr. HARRY F BYRD, JR. Mr. Presi-
dent, if the Chair will recognize me, I
yield my 3 minutes to the Senator from
Illinois.
The PRESIDING OFFICER. The Sen-
ator is recognized for that purpose.
Mr. PERCY. I thank my distinguished
colleague from Virginia very much.
To continue, I feel most strongly that
this is not in the public interest, primar-
ily because it was accomplished without
consultation with the Congress, the body
which helped create, which authorized
and funded these housing programs and
which has the ultimate power under the
Constitution to abolish, amend, redesign,
or renew the enabling legislation. I con-
sider this action to be an unfortunate at-
tack on the authority and responsibility
of the legislative branch and its duly con-
stituted committees.
Mr. President. I am pleased that the
distinguished chairman of the Commit-
tee on Banking. Housing and Urban Af-
fairs (Mr. Sparkm.an) has already indi-
cated that he will be scheduling hearings
to assess the need for Federal housing
programs. I think it Is vital that he. the
able ranking minority member of the
Committee, Senator Tower, and the
members of the Housing subcommittee,
assess also the impact that this action
will have on the housing industry and
the economy as a whole. I shall be pleased
to work with all my colleagues in fash-
ioning an appropriate and responsible re-
sponse to the present unhappy situation,
and would hope that we can work in a
spirit of harmony and cooperatifin with
the administration.
fc
ORDER FOR RECOGNITION OP
t SENATOR HARRY F. BYRD, JR.,
TODAY
Mr. ROBERT C. BYRD. Mr. President,
< I ask unanimous consent that at the con-
I
elusion of routine morning business to-
day, the distinguished senior Senator
from Virginia 'Mr. Harry F. Byrd, Jr )
be recognized for not to exceed 15 min-
utes, at the conclusion of which there be
a resumption of the period for the trans-
action of routine morning business with
statements therein limited to 3 minutes
the period not to extend longer than 30
minutes.
The PRESIDING OFFICER. Without
objection, it is so ordered.
TRIBUTE TO DR. EBERHARD REES
OF NASA
Mr. ALLEN. Mr. President, a change of
directors has been announced at the
NASA Marshall Space Flight Center in
Huntsville, Ala. The change is marked
by the retirement of one of the truly
great technical pioneers of rocketry and
his replacement by a man who, while
younger, has also devoted the major part
of his life to space exploration.
After 27 years in the forefront of the
Nation's rise to preeminence in the un-
charted realm of space. Dr. Eberhard
P. M. Rees will retire on January 19
1973.
One of the guiding engineering ge-
niuses of the space program. Dr. Rees has
demonstrated many times his ability to
direct multiple programs. He kept a
watchful eye on all phases of Saturn
launch vehicle development and was rec-
ognized for overcoming many technical
problems, especially in the engine test
stand facilities, in development of the
hydrogen engine for Saturn upper stages,
and in overall development of the pow-
erful first stage of the Saturn V. Beyond
the awesome responsibilities of the Sat-
urn program. Dr. Rees undertook, at the
request of the Apollo program manager,
the substantial additional task of help-
ing the Apollo spacecraft through early
development problems with potential
impact on the lunar landing schedule. Jn
giving him this assignment, our top
space planners were fully confident that
his widely known competence and drive
were equal to so momentous a task. The
outstanding success of subsequent Apollo
flights stand as testimony that this con-
fidence was justified.
Dr. Rees was named Director of the
Marshall Space Flight Center in March
1970. He guided the Center in five Saturn
V launches — Apollo 13 through Apollo
17. He has maintained a deep personal
involvement in the Skylab program from
its inception until the present, holding
to tough schedules. Bound throughout
by tight schedules and demanding re-
quirements, the program is in good
shape for its planned launch in April of
this year.
Dr. Rees is undoubtedly one of the
world's foremost space engineers. He
will be missed.
Dr. Rees will be succeeded as Director
of the Marshall Center by Dr. Rocco A.
Petrone Dr. Petrone, as Apollo program
director since September 1, 1969, has
borne on his shoulders the overall re-
sponsibility for direction and manage-
ment of the lunar fiights. This was a
huge, intricate task requiring fortitude,
dedication, and unusual technical skill—
all possessed by Dr. Petrone in good
January 9, 1973
CONGRESSIONAL RECORD — SEN ATE
633
measure. All aspects of the program —
the preparations for launch, the liftoff,
the mission itself, the tracking network,
and the splashdown — were tied together
by Dr. Petrone, beginning with Apollo
12 and ending with Apollo 17. It was
without doubt, one of the world's most
complex jobs.
Dr. Petrone, a graduate of the U.S.
Military Academy, first became associ-
ated with NASA in 1960 when he was as-
signed to what is now the Kennedy
Space Center, on loan from the Army.
At Kennedy, he directed the buildup of
our largest launch complex, used in
Project Apollo and planned for use in
Skylab and the Apollo Soyuz test proj-
ect. Included in this construction was
the Vehicle Assembly Building, at the
time the world's largest building, the
pads and launch towers, the enormous
crawlers, and the mobile service struc-
tures.
After the facihties and ground equip-
ment were completed. Dr. Petrone as-
sumed personal direction of launch op-
erations. Weeks of painstaking prepara-
tion were required before each fiight. All
countdowns were rehearsed; all the
complex facilities were continuously in-
spected; and the Saturn vehicle itself
maintained in peak condition.
Dr. Petrone has proven himself a
totally capable man and one who can
continue the tradition to leadership at
the Marshall Center. This is important
because he takes over at a time when ef-
ficiency and determined leadership are
more important than ever.
The Marshall Center has become a
multiproject management and engineer-
ing establishment, shaking off its old im-
age as a rocket-oriented center. Under
Dr. Rees, many new assignments have
placed emphasis on scientific activity
and space applications.
The heritage of the Marshall Center
ranges from the orbiting of early un-
manned satellites to the development of
the giant Saturn V lunar vehicle and
the small lunar roving vehicle for as-
tronaut transportation on the moon's
surface. In the final lunar mission, en-
gineers at the Marshall Center played a
dramatic role when troubled developed
in the final seconds of the countdown,
a difficulty that could well have com-
promised the mission. The Marshall
crew, working at top speed and under
great pressure, reached a tentative solu-
tion, checked it out in simulation, and
passed the solution to the Kennedy
Space Center, after which the count-
down and the mission continued.
Mr. President, Alabamians extend our
best wishes to Alabama's adopted son.
Dr. Eberhard Rees, and wish him many
more long productive years. At the same
time, we welcome back to Alabama Dr.
Rocco A. Petrone, another of the bright-
est men in the space program today and
one who began his career in missilery
and space at Redstone Arsenal.
CONCLUSION OF MORNING
BUSINESS
The PRESIDING OFFICER 'Mr.
Hathaway). Is there further morning
business? if not. morning business is
concluded.
ORDER OF BUSINESS
The PRESIDING OFFICER. Under the
previous order, the distinguished Senator
from Virginia (Mr. Harry F. Byrd, Jr.)
is now recognized for 15 minutes.
(The remarks of Mr. Harry F. Byrd,
Jr., on the introduction of S.J. Res. 13 are
printed in the Record under Statements
on Introduced Bills and Joint Resolu-
tions.)
QUORUM CALL
Mr. HARRY F. BYRD. JR. Mr. Presi-
dent. I suggest the absence of a quoi-um.
The PRESIDING OFFICER. The clerk
will call the roll.
The legislative clerk procfeeded to call
the roll.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
TRANSACTION OP ROUTINE
MORNING BUSINESS
The PRESIDING OFFICER. Under the
prevtous order, the Senate will now pro-
ceed to the transaction of routine morn-
ing business for a period not to exceed
30 minutes, with each Senator to be
recognized for not to exceed 3 minutes.
ORDER FOR ADJOURNMENT TO
THURSDAY. JANUARY 11. 1973
Mr. ROBERT C. B'YRD. Mr. President.
I ask unanimous consent that when the
Senate completes its business today, it
stand in adjournment imtil 12 o'clock
meridian on Thursdav next.
The PRESIDING OFFICER. Without
objection, it is so ordered.
ORDERS FOR RECOGNITION OP
SENATORS ON THURSDAY. JANU-
ARY 11, 1973
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the orders
which were previously agreed to with
respect to Friday next be transmitted to
Thursday next.
The PRESIDING OFFICER. Without
objection, it is so ordered.
QUORUM CALL
Mr. ROBERT C. BYRD. Mr. President,
I suggest the absence of a quorum. I
hope and believe this will be the final
quorum call of the day.
The PRESIDING OFFICER. The clerk
will call the roll.
The legislative clerk proceeded to call
the roll.
Mr. ROBERT C. BYRD. Mr. Presi-
dent, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
ORDER FOR ADJOURNMENT FROM
THURSDAY, JANUARY 11, 1973, TO
MONDAY. JANUARY 15, 1973
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that when the
Senate completes its business on Thurs-
day next, it stand in adjournment until
12 o'clock meridian on Monday next.
The PRESIDING OFFICER. Without
objection, it is so ordered.
ORDER FOR RECOGNITION OF MR
HARRY F. BYRD. JR.. ON THURS-
DAY, JANUARY 11, 1973
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that at the con-
clusion of the remarks of Mr. Abourezk
on Thursday next the distinguished
senior Senator from Virginia < Mr. Harry
F. Byrd. Jr.) be recognized for not to
exceed 15 minutes.
The PRESIDING OFFICER. Without
objection, it is so ordered.
QUORUM CALL
Mr. ROBERT C. BYRD. Mr. President,
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The legislative clerk proceeded to call
the roll.
Mr ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
CONCLUSION OF MORNING
BUSINESS
Mr. ROBERT C. BYRD. Mr. President,
I ask that morning business be closed.
The PRESIDING OFFICER. Is there
further morning business? If not. morn-
ing business is closed.
ORDER OF BUSINESS
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the dis-
tinguished Senator from Minnesota <Mr.
Humphrey* be recognized for not to ex-
ceed 15 minutes, at the conclusion of
which there be a resumption oY morning
business for a period of not to exceed 12
minutes, with statements limited there-
in to 3 minutes.
The PRESIDING OFFICER. Without
objection, it is so ordered.
ISRAEL AND SENATOR NELSON
CELEBRATE A 25TH ANNIVERSARY
Mr. HUMPHREY. Mr. President, I
wish to have placed in the Record a
splendid address that was delivered by
our distinguished colleague from the
State of Wisconsin (Mr. Nelson i. Sen-
ator Nelson made note of the fact that
the State of Israel was celebrating its
25th anniversary, but I should note that
Senator Nelson himself is celebrating
25 years in public service. In his speech
he paid a vei->' fine tribute to the remark-
able accomplishments of the State of
Israel.
I ask unanimous consent that the en-
tire speech delivered by Senator Nelson
be printed in the Record.
There being no objection, the address
was ordered to be printed in the Record,
as follows:
f34
CONGRESSIONAL RECORD — SENATE
January 9, 1973
Speech bt Senator Gatxobd Nelson
For many reasons I am pleased for the
r ppqrtunlty to share this evening with you
t ut ^ore particularly I am pleased for two
\ ery special reasons. We are on the thresh-
c Id of the twenty-fifth anniversary of two
i Istcric events. The first, the birth of Israel
as a free and Independent nation, was an
e vent of worldwide significance. The twen-
t y-fi£th anniversary of that event will be
c elebrated by thoughtful free peoples around
t he world. The second event was an oc-
caslon twenty-five years ago. not of w-orld-
\ ride significance, but rather an event that
could be described more accurately as an
( vent of family-wide significance. A fam-
i y of five will celebrate that event If the
1 usband and father of the family is per-
= uasive enough to convince them that In
1 ict the event Justifies a celebration. The
< verit Is the twenty-fifth anniversary of Gay-
l3rd Nelson's election to the Legislature.
In due course I will Inform you whether
[iirsuant to the democratic procedures of
c ur household the majority came down on
ny side.
On this anniversary one must look upon
J srael with wonder, even astonishment at the
iBBiarkable accomplishments of this free
country in the brief period of a quarter cen-
tury No other nation in world history has
< one so much with so little in so short a
time. Despite three wars, a pitiful paucity
if critical re^urces— land, water, minerals,
f tl and forests — this people has overnight
designed and built a remarkable modern In-
( lustrial and agricultural society with a high
! tandard of living while maintaining its free-
ilom and independence In a hostile climate.
How could it be done at all let alone in
iuch a brief period of time? What lesson
( loeg this hold for developing nations around
1 he 'world, most of them much more abun-
dantly blessed with resources than Israel?
: t U the lesson of a unified, dedicated, free
1 leof.le who have an uncommon commitment
* o excellence and an understanding of the
' alue of education, science and morality in
he quest of their goals.
A visit to a Kibbutz a few years ago gave
itie some Insight about this country and its
people. Visiting this collective where a small
I roup of dedicated individuals had organized
iheir lives into a commune which fit their
iigalltarlan ideology was a new. very exciting
1 ind exhilarating experience. To better under-
I tand this human endeavor, I searched for a
lersonal link between myself and the people
< >f the Kibbutz.
Naturally I was Interested in the Kibbutz's
ilalry bam. It may seem strange, but I
earned a rather profound lesson on my visit
o that barn. I gained some special under-
itandlng of Israel's success in economic de-
•elopment by chatting that day with the
'5-year-old herdsman responsible for the
Clbbutz's dairy cattle
He knew I was from Wisconsin, so he
Lsked me a matter-of-fact, Wisconsin-related
luestion. "What's to become of the Pabst
lerd.' It surprised me that this man who
ipoke English with a thick accent, who had
lever set foot in the United States, whose
vhole world seemed to be this tiny Agrarian
settlement, should be asking me about the
lerd of specially-bred cattle nearly halfway
iround the world which had Just been sold
it auction.
This man's question threw a whole new
ight on the Israeli Nation-building experi-
ence for me. From all outside appearances,
his man was a foreigner to America. But
;hete were aspects of America which. were
lot foreign to him. What counted for him.
'or his Kibbutz, and for his nation, was to
enow all he could about dairy cattle. His
ob" was to be the best informed and best
in jsractlce dairyman possible. Part of that
|ob was to keep up to dat€ on dairy litera-
ture— trade Journals and academic publica-
tions— from everywhere Including America.
This attitude, it seems to me. Is a key to
Israel's success In development.
■ Tonight it Is appropriate to reflect on
Israel's successful twenty-five years of eco-
nomic development. While Israel is the spe-
cial aocomplishment of a special people —
people with an indestructible idealism forti-
fied by the strength and resiliency of an
indestructible pragmatism — its development,
nevertheless, owes much to supporters and
friends throughout the world. Jews and non-
Jews alike. Those more than two million
people who have purchased Israel develop-
ment bonds with great loyalty and mag-
nanimity are almost as much responsible for
Israel's development as are the Israelis
themselves who have tilled the soil and
turned the lathe since the beginnings of
labor Zionism In Palestine at the turn of
this century.
"what we have achieved in our economy,"
according to Golda Meir, "could not have
been done without you. without your con-
fidence that Israel bonds are not only good
and necessary for Israel, but they are a
sound Investment as well."
Plnchas Saplr. minister of Israel, has re-
stated that case quite clearly:
"Without the seed money which Israel
bonds provided to build up our agriculture,
to develop our industries, to exploit our
meagre natural resources, to establish our
new ircJgation projects, we could never have
had the economic strength to win our strug-
gle for survival. Economic progress was the
backbone of our victories in the past, and
it win be the b^kbone of our victories in
the future."
Since Its Inception In 1951 the Israel bond
organization has been the principal sotirce
of funds for Israel's development budget.
Prom 1951 to this year, the sale of Israel
bonds has made more than $2.1 billion avail-
able to Israel to help finance every aspect of
the country's economic growth.
(Israel pays for its $1.3 billion defen.se
budget and the United Jewish Appeal takes
care of social welfare.)
Israel bond funds have stimulated the de-
velopment of Israel's limited natural re-
-eources. The dead sea potash and bromine
works have been expanded, as have mining
and refining facilities at King Soloman's
copper mines at Tlmna. Large phosphate de-
posits are being mined at Oron and Arad.
where a huge new chemical complex, now
under construction, is expected to increase
substantially Israel's industrial exports.
The economy's fuel need* have been largely
met with oil pumped from tankers berthed
at Elath to the Haifa ••fineries through
pipelines built with the aid of Israel bonds.
A new giant 42-inch oil pipeline Is expected
to have an annual capacity of sixty million
tons, thereby making It possible for large
quantities of oil to be transshipped from the
Red Sea to the Mediterranean and European
countries.
The story of Israel Is a saga of reconstruc-
tion— not destruction. It is a story of re-
claiming wasteland to productive farmland.
Truly modern day Israel's accomplishments
qualify her to be as were the ancient Is-
raelites: "a light unto the nations."
There is justifiable pride In this accom-
plishment. Supporters of Israel can with
Justification share that ^{jrlde even as it
shared the dream of Israel and so gener-
ously contributed toward its fulfillment.
But the dream is far from realization.
Through decades of difficulties, through
the holocaust In Europe, and agony of war
and bloodshed, the people of Israel have
managed to create a place which any Jew
may now call "home". For centuries, the
Jews had a holy land but not a homeland.
Their hearts and souls found refuge In
prayers and poetry glorlfiylng Zlon. But there
never was a physical haven.
, Today thousands of refugees and Immi-
grants arrive in Israel for the first time in
their lives and It is "home". Home for those
who left the ghettoes of Europe. Home for
those who survived the nightmares of Nazi
concentration camps. Home for those who
fied medieval villages In the Arab world. And
it is home for the thousands of Russian Jews
escaping the long-range Soviet government's
efforts to crush Increasing Jewish conscious-
ness In the Soviet Union.
The dream of the freedom of Israel is
strong, even though it is a troubled land em-
broiled in the hostile arena oi International
power politics. As you well known, Israel sym-
bolizes for oppressed Jews everywhere a land
of religious tradition and a haven for a
unique way of life.
It Is this unique way of life that has been
so Important throughout the world through
the hard centuries of oppression and per-
secution. And it is this way of life that has
made it possible for Jews to survive.
Zlon is no longer only a dV^'afip of a 19th
century Judeo-European ideoTdgy. Nor Is
Jerusalem only a vision ot ancient and
medieval Jews. Today thanks to the selfless
toil of its energetic peoplp, the Slate of
Israel is a thriving, modern, technologically-
advanced country wltli a sophisticated, free
and democratic political community.
Israel bonds provide the economic capacity
to enable Israel to perform these miracles
of survival, absorption and reconstruction
which have written the most inspiring chap-
ter in modern history.
The latest chapter in that heroic saga
finds Israel still faced with the immediate
needs of food, housing, and safetj from the
horrors of war. Meanwhile she is attempt-
ing to master more sophisticated — but
equally crucial — crises
Golda Meir is of the pioneer generation.
But as Israel opens new frontiers and re-
sponds to new challenges, today's generation
must be pioneers blazing their own trails In
new. modern-day technology
With the courage, tenacity, and foresight cf
the veterans of Zionist colonization in Pales-
tine. Israeli Scientists today are coping with
the crucial problem of water.
Israel's ninety percent use of feasible
water resources is a world record. But it is
not enough. Israel has reached the limit
of utilizing water supplies by conventional
methods. By 1984 Israel will face a water
crisis. The only way to solve that crisis Is
desalination.
Recognizing the imminent crisis. I Intro-
duced legislation in the Senate on August 13,
1969. which would assist Israel in the con-
struction of a prototype desalination plant.
At the time I stated that U.S. assistance
would "help develop a process which would
Insure the survival and growth of vast regions
and whole countries which today face aridity
and economic desolation from lack of water."
The legislation which I Introduced passed
the Congress back In 1969. Congress approved
a $20 million appropriation for planning, de-
sign, specifications for the protot>-pe plant.
Unfortunately the project lay dormant for
almost three years until this July. At that
time, Israel provided the United States with
complete plans for a multi-stage distillation
plant now under construction In Ellat.
Israeli scientists are hopeful that the new
process in Ellat will help all water-short
countries by cutting costs of desalination.
The mllllon-gallon-a-day plant at Ellat is
designed to produce fresh water 10 to 15 per-
cent cheaper than the most modern unit in
the west, and almost 40 percent cheaper than
older units.
Israel's success is the world's success. The
new plant represents a technological break-
through which the entire world can share.
For example, part of the Israel-US. agree-
ment Is that the United States will apply
Israeli advances In technology in a similar
demonstration plant at San Diego.
Israel Is repaying its debt and fulfilling its
national commitment to humanity as no new
nation has ever done.
January 9, 1973
CONGRESSIONAL RECORD — SENATE
635
The world today is urgently seeking effec-
tive ways of giving and receiving help that
can close the hazardous gap between rich and
poor—between ignorance and knowledge —
between privilege and deprivation.
The relationship between giver and receiver
is a difficult one. But Israel is showing us that
the soundest relationship among nations Is
not giving and receiving but sharing.
It seems to me that this is the best way
for us all — at this Israel bond dinner — to
celebrate Israel's twenty-fifth anniversary.
REHABILITATION ACT OF 1973
Mr. HUMPHREY. Mr. President, I
have been pleased to join in sponsoring
S. 7. the Rehabilitation Act of 1973. Im-
mediately forthcoming consideration of
this legislation by the Senate Committee
on Labor and Public Welfare, clearly
indicates a firm belief that the Presi-
dent's veto of identical legislation after
the adjournment of the last Congress
was unwarranted and cannot be per-
mitted to stand.
It is essential that this progressive leg-
islation be enacted, to promote innova-
tive and comprehensive approaches in re-
habilitation services for mentally and
physically handicapped and severely
handicapped persons, and to focus upon
applied research and the development of
technology and devices to help solve re-
habilitation problems of handicapped in-
dividuals. Providing for the coordination
of numerous Federal agency responsibili-
ties and programs in this increasingly
important field, this bill correctly em-
phasizes the need to serve more severely
handicapped individuals, to make serv-
ices responsive to individual needs, and
to make every effort to enable handi-
capped persons to lead a productive
and financially independent life.
I welcome the additional requirement
in this bill for an affirmative action pro-
gram under which Federal contractors
shall undertake to employ and advance
in employment qualified handicapped in-
dividuals. Moreover, another section of
this bill specifically prohibits discrimina-
tion against an otherwise qualified han-
dicapped or severely handicapped in-
dividual, solely by reason of his or her
handicap, resulting in that person being
excluded from participation in. or denied
the benefits of, any program or activity
receiving Federal financial assistance.
I am deeply gratified at the inclusion
of these provisions, which carry through
the intent of original bills which I intro-
duced jointly with the Senator from
Illinois (Mr. Percy) in the last Congress.
S. 3044 and S. 3458, to amend, respec-
tively, titles VI and VII of the Civil
Rights Act of 1964, to guarantee the
right of persons within a mental or phys-
ical handicap to participate in programs
receiving Federal assistance, and to make
discrimination in employment because of
these handicaps, and in the absence of
a bona fide occupational qualification, an
unlawful employment practice. The time
has come to firmly establish the right
of these Americans to dignity and self-
fespect as equal and contributing mem-
bers of society, and to end the virtual
isolation of millions of cliildren and
adults from society.
I am also pleased that my original
amendment, in revised form, has again
been incorporated in this bill, to provide
for vocational and comprehensive re-
habilitation services for public safety
officers disabled in the line of duty in
dealing with a criminal act or working
under a hazardous condition. Such as-
sistance is of crucial importance if these
public servants, handicapped in the
course of protecting society, are to be
helped by society to help themselves in
pursuing new occupational careers and
again having thajf vital sense of continu-
ing usefulness.
Moreover. I welcome the continued
inclusion in this bill of a provision calling
for a comprehensive study of important
problems confronting handicapped per-
sons in sheltered work situations, to be
conducted by the Secretary of Health.
Education, and Welfare. It will be re-
called that in the course of Senate debate
on this bill last September, notice was
taken of my proposed amendment to
establish a demonstration program to
determine the feasibility of wage supple-
ment payments to mentally and physi-
cally handicapped and severely handi-
capped individuals who are employed on
a long-term basis in rehabilitation facil-
ities which are sheltered workshops or
work activities centers. I beheve that it
is profoundly wrong that these persons
should be institutionalized when with
a modest iicome they could be enabled
to live independently and function nor-
mally in their families and communities.
Then as now, however, it was recog-
nized that a thorough study of sheltered
work situations should be undertaken,
and that action .■should be expedited on
legislation to revise and extend vital vo-
cational rehabilitation programs across
America. While it is my intention to
revise my amendment for introduction
as an original bill in this Congress, I
wish to take this opportunity to Indicate
my continuing support for early action
on the Rehabilitation Act of 1973. At the
same time. I strongly urge that legisla-
tive action be facilitated to provide for
the additional income that handicapped
persons employed in sheltered work situ-
ations require to become reasonably self-
sufiBcient and contributing members of
society, rather than to experience an
isolation from society and at additional
public expense.
I was. to say the least, shocked, dis-
mayed, and saddened by the President's
veto of this piece of legislation, which
passed overwhelmingly here in the Con-
gress in the late rnonths of 1972. I can-
not understand how the President ever
justified that veto. Surely, this legislation
did not make a raid on the public treas-
ury. I would like the President of the
United States some time, if he ever de-
cides to come out of hiding, to tell the
people of America why the physically
handicapped, the mentally retarded, and
the mentally ill are not worthy of the
compassion and care of the people of this
country.
Of all the vetoes I have observed in my
25 years of public service, this was the
most cruel and, I might say, the most
unsubstantiated: and I am so pleased
that Members of this Congress are now
joining together to reintroduce this legis-
lation and bring about its passage. I urge
that it be done quickly.
There are hundreds of thousands of
people who are suffering because a Presi-
dent did not agree. The veto came when
we had no chance to override it, because
the Congress was in adjournment. \
Not long ago. Mr. President, I was in
Los Angeles, Calif., addressing a dinner
to help raise funds for the Reiss-Davis
Child Study Center. This center provided
assistance to mentally disturbed, emo-
tionally disturbed children. One whole
section of the center has had to be closed
down because of the lack of slightly over
$100,000 of funds from the Federal Gov-
ernment. Hundreds of children are being
denied the care that they need.
Every time I think of another bomb
being dropped in Vietnam and think of
these vetoes, I wonder what has gone
wrong with the President and the Presi-
dency and the value system of this Gov-
ernment. I hope that Congress will act
promptly on this measure.
CHILD HEALTH CARE
(
Mr. HUMPHREY. Mr. President, on
two recent occasions I was given the op-
portunity to discuss critical needs in child
health care across America. I firmly be-
lieve that child health and development
must be given the highest priority in the
agenda of the 93d Congre.ss. It is pro-
foundly wrong that almost three-fourtlis
of our children living in poverty have
never seen a dentist, that several million
children continue to be afflicted with
mental retardation, cerebral palsy, epi-
lepsy, and other disabilities attributable
to neurological impairments, and that
childhood malnutrition should remain
prevalent across the Nation.
In an address at the dedication dinner
for Children's Health Center and Hos-
pital in Minneapolis, Minn., I outlined
a national program to combat childhood
illness — a comprehensive program of pre-
paid material and child health care; the
nationwide establishment of child care
and development programs; the.immedi-
ate extension and expansion of chil-
dren's dental care projects; increased
appropriations for research and training
on childhood diseases and medical treat-
ment; and the enactment of universal
child nutrition and nutrition education
legislation.
In this address, on December 14. 1972,
I also pointed out major innovations in
comprehensive child health care services
being undertaken by Children's Health
Center and Hospital. Some of these serv-
ices, such as dental care and mental
health, are without parallel in the en-
tire upper Midwest.
Another institution setting the stand-
ard for the future is the Reiss-Davls
Child Gtudy Center in Los Angeles. Calif,
Over its 22-year history, this unique fa-
cility has developed an integrated pro-
gram of diagnosis and treatment, ongo-
ing research, professional training, and
extensive community education on child-
hood emotional disturbance.
In my remarks before the annual
meeting of the Reiss-Davis Child Study
Center, held on December 19. 1972, I
strongly criticized the low priority given
by the administration to mental health,
and the seriously inadequate mental
health care available to the Nation's
636
CONGRESSIONAL RECORD — SENATE
January 9, 1973
children. It has been reported, for exam-
ple, that there are only 3.000 child ps>--
chiatrists in the country, and that the
number of children in State and county
mental hospitals has doubled since 1963.
Emotional disturbance strikes 10 million
children and youth in America, but only
1 million receive any help at all.
In my address. I called for full funding
for mental health research and training
programs, expanded programs under the
Developmental Disabilities Services and
F cilities Construction Act, and a sub-
stantial increase in authorizations under
ii%e Community Mental Health Cehters
Act. as well as a new focus in this act
upon community education and the full
utilization of local resources to meet ex-
tensive mental health needs. I also
reiterated my concern that a nationwide
program of maternal and child health
care be established. And I called for a
fundamental commitment to ending the
isolation from society of children with
mental and physical handicaps.
Mr. President, the time has come to
guarantee to every American child the
right to health, and the right to hope in
a full life of challenge and opportunity.
Let us make the establishment of these
rights a hallmark in the record of this
Congress.
Mr. President, I conclude my state-
ment by saying that in the month of
December it was my privilege to visit the
American Children's Research Hospital
at Krakow. Poland. That hospital was
sponsored here in Congress. It was my
privilege to be the sponsor of legislation
that made possible this gift from the
American people to the children of Eu-
rope and indeed the children of the
world. I intend "in the time that I have
In the Senate to give a good deal of at-
tention to the needs of the children of
this 'land and. indeed, the children of
the world.
I read in the paper from time to time
that we are now entering into a period
they calt a conservative era in which we
are going to trim back, to cut back, and
do away with many of the programs that
have been related directly to the health
and well-being of the disadvantaged, the
elderly, and the children of this Nation.
I just want to serve notice politely and
gently today that I will not permit it if
I have it within my power to stop it. I
want to serve notice on the President of
the United States that this Senator does
not intend to stand idly by while we cut
the heart out of programs benefiting hu-
man resources. I seek to cooperate with
the President and I seek a partnership
in this Government. But if the President
feels that somehow or other this coun-
try cannot afford to take care of the sick,
the indigent, the elderly, and the chil-
dren. I want the President to know that
he is in for a fisht and that the floor
of the Senate will be used day in and
day out for that purpose.
I know this body and I think that I
know something about those who serve
in it. I do not believe that the Senate of
the United States or, indeed, the Con-
gress, i^ going to permit the work of two
generations of people who were and are
concerned about the future of our coun-
try to be emasculated and to be cut back
in the name of efficiency and economy.
I suggest that the President look
around the Government for other areas
in which to economize rather than in
the area of programs for the benefit of
the children, the old people, the sick, and
the disabled. If he cannot find such areas,
some of us would be glad to cooperate
and pinpoint them for him.
Mr. President, I ask unanimous con-
sent that the text of my remarks at the
dedication dinner foj^Children's Health
Center and Hospital, and the text of my
address at the annual meeting of Reiss-
Davis Child Study Center, be printed at
this point in the Record.
There being no objection, the remarks
were ordered to be printed in the Record,
as follows:
Remarks by Senator Hitbert H. Humphrey,
Dedication Dinner foe Children's Health
Center and Hospital
This dinner rightly celebrates a tremen-
dous accomplishment In several Important
respects.
Children's Health Center is the product of
a deep public commitment to provide com-
prehensive health care for children — a com-
mitment reflcted Ir a fund-raising campaign
involving some 1.000 volunteers, and In citi-
zen contributions, and private donations and
pledges, totalling over $3,500,000.
Children's Health Center Is an outstanding
example of cooperative planning within a
metropolitan health care delivery system to
control costs and assure the avaUablUty of
health services. By operating as the pediatric
"core" of the five-hospital complex making
up the Minneapolis Medical Center and by
sharing basic as well as highly specialized fa-
cilities In these units, the Center will be as-
sured adequate occupancy capacity and will
be able to hold down capital and operating
costs.
And by this decisive private Initiative, Chil-
dren's Health Center can be a model for the
Nation of what Innovative and comprehen-
sive health care services for children are
meant to be and can be. Dr. Arnold S. Ander-
son, your President and a good friend whose
wise counsel I have been privileged to re-
ceive over the years, has well stated the
crucial need to make a lOO-per cent effort in
providing health services that are especially
sensitive to the needs of children. This Is
essential, if there Is to be any progress In a
community's effort to provide these services
and If we are to keep pace with modern
knowledge and technology In this field.
I am deeply Impressed by the child health
care specialties and research and training
programs that will be available at this Cen-
ter. But I am especially gratified that this
voluntary, non-profit hospital will be oper-
ated for the benefit of the entire community,
becoming a one-stop health facility that will
not refuse medical care to any child who
needs it.
Only through such centralized, compre-
hensive and Innovative health care services
can a community maintain the vital resource
of practicing pediatricians and allied health
professions personnel — and this is of particu-
lar Importance to Minneapolis, where It Is
expected that by 1980 the child population
will have doubled over two decades.
Only through a Center that moves out
boldly in launching major new research and
service programs can we begin to make prog-
ress In the diagnosis, treatment, and pre-
vention of childhood Illnesses and conditions
that have crippled the lives of millions of
people in previous generations. I am particu-
larly Impressed with such Center services as:
A Pediatric Dental Clinic — the only such
facility In the Upper Midwest;
A comprehensive program of services at
birth and for critical care of newborn In-
fants:
A very Important mental health program
designed to establish a positive and sensi-
tive attitude throughout the entire hos-
pital:
Family care units providing "Uve-ln" ac-
commodations for the parents of child
patients:
Clinical training for the students of
nearby schools of nursing:
And a range of services from physical
exams to the treatment of burns and poison-
ing, and the provision of psychiatric coun-
selling and resources for school and learn-
ing problems.
However, of special importance Is the fact
that Children's Health Center has taken
seriously Its responsibilities to the inner city
where It Is located. This concern was already-
foreshadowed In the Walk-In Counselling
Center and Teen-Age Medical Service run
almost entirely by professional staff volun-
teering their services. These programs have
directly confronted the critical and exten-
sive problems among our youth of drug
abuse, unwanted pregnancies, and venereal
disease, as well as a fundamental need for
down-to-earth communication.
Beyond this, however, and even beyond a
commitment to providing needed child
health care, irrespective of a parent's ability
to pay. the Children's Health Center Intends
to take its part In combatting the poverty of
the Model City area, by training and em-
ploying up to one-half of its staff from that
area.
It Is my profound hope that the United
States Congress will express a similar firm
commitment to meeting the pervasive and
critical child health and development needs
of America, that are all too frequently the
heart-rending reality of poverty.
As one who pushed through legislation
some fifteen years ago to create the National
Institute of Child Health and Human De-
velopment. I am determined that this com-
mitment now be carried through.
As one who played a direct role in the
establishment of the Headstart program. I
am committed to a renewed legislative effort
to override past Presidential vetces of the
establishment of comprehensive child care
and development programs across America
We know that there are over six million chil-
dren who need these programs, including
health care, dally nutritious meals, and in-
dividual guidance services. They simply
must not be denied educational opportuni-
ties when a major part of a child's intellec-
tual development occurs In his or her
earliest years.
And as part of the Administration which
several years ago proposed the establishment
of a universal child dental health program, I
believe the time has come for Congress to
enact the Children's Dental Health Act,
passed by the Senate last year. I will urge
the early relntroduction of thig legislation,
which authorize $50 million in Federal grants
over a three-year period for projects pro-
viding comprehensive dental care — preven-
tion, treatment, and correction — for children,
Including major pilot projects focused on dis-
advantaged children almost three-fourths of
whom have never seen a dentist.
Moreover, I believe the time is long over-
due for squarely confronting the extensive
problem of inadequate nutrition among chil-
dren across America — a condition that Is not
limited to the children of lower-income fami-
lies. I intend to renew work on the Uni-
versal Child Nutrition and Nutrition Educa-
tion Act which I introduced In the last Con-
gress.
I was gratified by subsequent favorable
action taken on my amendments to expand
and Increase funding for child feeding pro-
grams. Including a new emphasis on the
nutrition needs of mothers and infants. But
It has been clear that Congress must wage
an unceasing battle with the Department
of Agriculture to assure that the Intent of the
law in this area is. In fact, carried out
The same has been true with respect to
Jamianj 9, 1973
CONGRESSIONAL RECORD — SEN ATE
637
research and training programs under the
National Institute of ChUd Health and
Human Development, where the Administra-
tion has called for cutbacks In programs and
severe reductions in training grants. Yet
there Is serious need right now for more
personnel professionally trained In perinatal
and neonatal care, as well as mental retarda-
tion. I find It unconscionable that Federal
Budget reductions should be proposed In this
critical area, on top of earlier Administra-
tion actions to cut back medical research
programs on childhood diseases.
It has been said that child health and
development will be a major social policy
issue in the current decade. I Intend to do
everything possible to see to It that this Is,
m fact, the case, and that the Issue Is
quickly settled in favor of the children of
America. During my term as Vice President,
the Administration secured the enactment
of comprehensive child health care services
under Medicaid, yet these programs have
been repeatedly delayed. And in the last Con-
gress. I was one of those Senators who In-
sisted that under pending so-called "welfare
reform" legislation, the educational, health,
nutritional, and other needs of children must
be as important In child care programs as
enabling parents to obtain employment.
However, it is now clear that Congress In-
tends to move forward in giving higher visi-
bility to major child health and development
needs in America. It enacted a major pro-
gram of Federal assistance for communicable
disease control, focused on tuberculosis,
measles, and venereal disease. It passed the
National Sickle Cell Anemia Act to promote
Intensive research on this crippling disease,
and to establish voluntary screening and
counselling programs And the Senate passed
legislation to give high priority to research
on the cause and cure of sudden Infant death
syndrome, and to expand programs for the
prevention of lead-based paint poisoning.
And. in addition to the passage of legislation
providing for the evaluation of the status
of current research on multiple sclerosis,
work was begun on further bills to assist In
the prevention of child abuse, and to pro-
mote further services to address mental re-
tardation and other physical and mental dis-
abilities bcrne by millions of children.
These are btit a few examples of what I
see as a definite trend toward establishing
the health and development of America's
children as a high priority in national policy
and programs.
But there is so much more work that must
be done if this goal is to be achievM. It Is
profoundly wrong that In a nation with the
highest standard of living and which is sup-
posedly devoted to the welfare of its chil-
dren—
About one-third of the low-income pre-
school children are anemic;
Nearly half a million children have cerebral
palsy:
Half a million suffer from epilepsy:
Several million are mentally retarded;
And more than two and a half million
children have orthopedic handicaps.
I firmly believe that a total national effort
must bo launched to address these problems.
In addresses across the Nation, I have out-
lined a program of maternal and child health
care that must be established If the right
of children to health is to be guaranteed.
Basically, this would be a comprehensive
program of prepaid medical care under So-
cial Security for all pregnant women and for
children In their earliest years. It would
cover all physician services and hospital and
laboratory costs. But of equal Importance, It
would also be directed at the child's home
situation, through the provision of home
health and outpatient counselling services.
Treatment and care would also be provided
for those children under six whose
health has been threatened or seriously Im-
paired by major trauma or catastrophic ill-
ness. And. to address the critical situation In
America where several million children are
Lsolated from society because of mental re-
tardation and other physical and mental han-
dicaps, this program would provide for early
identification of these health care needs
through periodic screening and complete di-
agnostic services, followed by individual care
and rehabilitation programs.
Such a comprehensive and Intensive ap-
proach to guaranteeing child health can and
must be launched without further delay. And
I Intend to work Jointly with my Senate col-
leagues to see to it that this approach Is an
Integral part of a national health Insurance
program, whose enactment must have the
highest priority In the next Congress.
In proclaiming October 2, 1972, as Child
Health Day, President Nixon said:
"This Nation's children represent our
greatest responsibility and our greatest hope.
We all share a continuous obligation to do
all we can to safeguard and promote their
health and well being."
I now call upon the President to work
with Congress In translating these words In-
to action to fulfill this obligation. Millions
of American parents ask only that their chil-
dren be given a decent chance In life. A child
who Is given the right to hope, has every-
thing. I intend to see that every child Is guar-
anteed that right.
Remarks By Senator Hubert H. Humphrey,
Annual Meeting, Reiss-Davis Child Study
Center
One criticism frequently made of news-
papers Is that, having covered a dramatic
event in exciting prose, they rarely follow up
this story with an analysis of its aftermath —
less exciting, perhaps, but equally real and
newsworthy. Recently, however, my attention
was captured by a follow-up story of a case
of senseless violence. The article in the No-
vember 30th Issue of the Washington Post
was headed: "Gang Beating Leaves Mental
Scars on Youth."
That beating of a 14 year old boy by fellow
teenagers who, apparently, wanted nothing
more than a moment of excitement, had oc-
curred over six months ago. It had left the
boy hospitalized with a blood clot on his
brain, but apparently on the way to physical
recovery after surgery.
But mental recovery was another matter.
Checking up on this earlier story, the Wash-
ington Post reported confronted a boy
clutching at his mother as she prepared to
leave his room at a psychiatric institute, and
then kicking and screaming In the tantrum
of a preschooler. The psychiatrist's report
was that this boy. unable to cope with the
trauma of that physical attack, had retreated
Into the safety of his early childhood.
And what of the "trauma" of the parents,
financial as well as emotional? Already hold-
ing hospital bills totalling more than $16,000,
they face the additional expense of institu-
tional care and treatment, amounting'to over
$100 a day, for an unknown period of months.
The father, a painting contractor, obtains
contracts intermittently. Last year he made
about $8,000. He and his wife, who is also
trying to find work, have no car. To save
money, they have moved In with relatives.
Something is wrong when an affluent and
supposedly child-centered society cannot find
a way to help these people — a boy who could,
after Intensive care and rehabilitation, make
it back into society and eventually become
a contributing member of that society, rather
than be "put away" somewhere and yet re-
main a permanent burden upon a society
that says "out of sight, out of mind." Some-
thing is very wrong when we cannot help
thousands upon thousands of parents who
face the crisis of not even being able to find
help for their emotionally "fragmented"
children, either because of the expense of in-
stitutional care or because they are far down
on the waiting list for even an Initial inter-
view.
We know that emotional Illness is now the
number one health problem In the nation.
But do we have any concept of how extensive
this problem is among our children?
The 1970 report of the Joint Commission
on Mental Health of Children estimated that
emotional disturbance strikes ten million of
the 100 million children and youth of Amer-
ica— and this figure includes 2 million who
are classified as psychotic. And yet. only one
million children are getting any help at all.
In t«stlmony before the Platform Commit-
tee of the Democratic National Committee
last June, representatives of the American
Psychiatric Association rep)orted that there
are only 3,000 child psychlttrists in America,
and that there is a serious shortage of men-
tal health facilities. As a result, the number
of children In state and county mental hospi-
tals, now 55,000, has doubled since 1963.
These harsh statistics ought to shock this
nation Into action. There Is no question
that dramatic steps would be taken If these
figures applied to a disease epidemic, such
as diphtheria or measles or polio. But ap-
parently, society continues to regard the
whole area of mental health in a different
light. Despite major initiatives launched by
Congress In the last decade to address this
extensive health problem, federal programs
continue to languish for want of adequate
funding, and mental health remains low
on the Administration's list of human re-
source priorities in annual federal budget
requests.
It Is sharply clear to me that a concerted
effort must be made in the present decade
to bring America out of the dark age of
Ignorance about mental illness, and to focus
upon the direct connection between mental
and physical health. And yet, this is pre-
cisely the point that Dr. Oscar Relss and
Dr. David Davis were making 22 years ago
when the Reiss-Davis Child Study Center was
opened in a converted warehouse in Los
Angeles. Perhaps far ahead of their time,
these pediatricians recognized the critical
need for an Integrated program of diagnosis
and treatment, ongoing research, profes-
sional training, and extensive community
education on childhood emotional disturb-
ance. I
Now oc^pylng a uniquely designed fa-
cility— the result of Hill-Burton assistance
and a major community and fund-raising
effort — this Center Is an outstanding ex-
ample of advanced approaches to chUdhood
mental health problems that ought to be
going forward all across this nation. Here
you will find a total Investmnt In the re-
habilitation of emotionally disturbed chil-
dren, where each case Is made the deep con-
.cern of a clinical team of professionals In
psychiatry, psychology, and psychiatric social
services.
But from the beginning, the Center saw
each child as a member of a family unit and
of his or her community, and It reached out
to this total social situation, through direct-
ing counselling and help to the parents as
well as the child, and through launching
extensive and highly successful institutes
and seminars for schoolteachers. I find It
remarkable that such an obviously essential
approach to mental health should not have
received' national recognition until th*" en-
actment of the Community Mental Health
Centers Act of 1963. For It Is that family
and community society, from which the child
has withdrawn, which will ultimately pro-
vide his or her "cure" and which, at the
same time, will be a better society for having
been given his opportunity."
In this regard, I can only applaud the
Center's basic treatment program on an out-
patient basis and to which a long-term
commitment Is made, I cannot accept the
alternative of Institutionalization, any more
than I can believe that childhood emotional
638
CONGRESSIONAL RECORD — SENATE
Januanj 9, 197s
disturbance should be simply "controlled"
through quickly administered palliatives. I
know that a major fund-raising effort Is un-
derway to expand this basic treatment pro-
gram, and hopefully, to reinstltute the rich-
ly promising programs of the Day Treatment
Center for even more severely disturbed chil-
dren. And you have my deepest wish for
success in this vital undertaking, to enable
this nationally accredited and recognized In-
dependent Institution — only one of five of
its type In the nation — to fulfill Its promise.
But the time has come to establish an
equal commitment across this nation that
every child shall be guaranteed the right
to mental health. And It Is my personal com-
mitment that Congress shall play a decisive
role in securing this right.
We must begin by overruling continuing
objections by the Nixon Administration, to
provide full funding for medical research
and training programs — for example, psy-
chiatric residency training, where the loss
of federal support would cut the number
of present residents almost in half.
Similarly, when the Community Mental
Health Centers Act comes up for renewal in
1974. we must substantially Increase author-
izations If we are to meet the original goal
of establishing 2.000 fully operational centers
by 1980.
I find It incredible that, almost ten years
after this law was enacted, there are only
452 centers operational today. Community
mental health programs have played a vital
role In addressing problems of drug addic-
tion, alcoholism, and mental health prob-
lems of minority groups, veterans, children,
adolescents, and the aged. And these com-
munltv services have probably saved millions
of dollars that would otherwise have been
required for long-term institutional care and
the treatment of cases that would have be-
come more severe.
Next. Congress must enact legislation to
extend and expand programs under the De-
velopmental Disabilities Services and Fa-
cilities Constrvictlon Act. This law focuses
upon the handicaps that originate In child-
hood— children who are victims of cerebral
palsv. epilepsy, and similar disabilities at-
tributable to neurological Impairments.
But it Is a law which has never been given
the chance to do the Job in Its first three
vears. because the Administration has re-
quested onlv $120 million of the $295 million
authorized by Congress for these compre-
hensive services.
This law amended the 1963 Act provid-
ing for federal assistance for the construc-
tion of community facilities for the men-
tally retarded And several million mental-
ly retarded children remain the largest con-
5'ituencv of those having a serious need for_
services under the 1970 Act. It is profound-
ly wrong that these children should be Isolat-
ed from society, denied the educational op-
portimltles that are vital to the develop-
ment of a child's capabilities to his or her
fullest potential. We know that the ma'or
type of mental retardation arises from
adverse environmental and cultural situa-
tions. Stated simply, many children unable
to compe:e in school or In society lacked
the early childhood developmental experi-
ences necessary- to prevent functional re-
tardation.
It was precisely to address such prevalent
conditions that l<ist vear I Introduced legis-
lation that went right to the heart of the
matter where children, youth, and adults
are denied an equal chance in life solely be-
cause of a mental cr nhysical hand lean. Mv
bills, therefore, would have amended the
Civil Rights Act to prohibit discrimination,
on the basis of such handicaps, both In all
prnerams receiving federal assistance and in
emplovment.
But this Is only one example of the com-
orehenslve approach that must be taken to
jstabllshing the right to mental health for
all our people. We know, for example, that
the high incidence of mental retardation in
areas of poverty has one direct cause In per-
vasive malnutrition. Here we confront the
organic causes of mental Illness — for exam-
ple. Pellagra, associated with a diet deficient
in niacin and protein. For this reason. I have
placed strong emphasis In my legislative work
on expanding federal assistance for such pro-
grams as maternal and infant nutrition. And
It is my intention to Introduce again the
Universal Child Nutrition and Nutrition Edu-
cation Act — to assure that every American
child receives nourishing daily meals
What I am suggesting Is that what Is
termed ■'preventive Intervention" must be
regarded as of equal Importance with com-
prehensive rehabilitation services In com-
batting mental Illness, particularly among
children. That Is why, for example. I have
presented a nationwide program of maternal
and child health care:
A comprehensive program of prepaid medi-
cal care for all pregnant women and for chil-
dren in their earliest years;
A program that Is also directed at the
child's home situation;
A program geared to the early prevention
of physical and mental Illness through peri-
odic screening and complete diagnostic serv-
ices;
And a program to provide treatment and
care to children under six years of age whose
health has been threatened by major trauma
or catastrophic Illness.
Such a comprehensive and Intensive ap-
proach to guaranteeing child health should
be In integral part of a national health In-
surance program, whose enactment should
have the highest priority In the next Con-
gress. But with respect to national health
Insurance, I fully agree with the position of
the American Psychiatric Association that
this program must also include coverage of
a full range of services and facilities for the
mentally 111 and emotionally disturbed.
However, the time has also come to coor-
dinate and substantially expand services for
the treatment and rehabilitation of emo-
tionally disturbed and mentally 111 children
and youth. The high rate of Juvenile suicides,
homicides, and drug overdose deaths de-
mands this national action without further
delay.
I believe that an effective method by which
this can be accomplished Is through provid-
ing federal assistance for "full-service" men-
tal health programs In our communities. The
approach I am suggesting would sharpen the
focus of the Community Health Centers Act.
This approach would make mental health
clearly a responsibility of the total commu-
nity. By pulling together vital resources. It
would make mental health services more
clearly Identifiable and available to a far
broader range of families at the lowest pos-
sible cost.
The Relss-Davls Child Study Center pro-
gram has two aspects of particular relevance
to what I have In mind. First, It offers a cen-
tral clinic providing special services, but tied
In with an ongoing educational program In-
volving local school districts. Second, It has
set the standard by reserving treatment for
the children of families who cannot afford
private care.
I 'oelieve that federal project grants should
be provided to promote this constructive in-
teraction of professional services and local
school districts, whereby educators are sen-
sitized to potential emotional disturbance,
mental illness, and learning disability prob-
lems of children. And through providing In-
centives for state and local matching assist-
ance for the development of professional
centers, these children can be reached at
the earliest possible time, while the chil-
dren themselevs are enabled to enjoy a nor-
mal social atmosphere to the fullest feasible
extent.
Finally, to further the goal of establishing
w-ell-rounded mental health programs with
maximum outreach, communities would be
encouraged to establish mental health as-
sociations, both to promote communication
and citizen participation, and to expand
services through lund-ralslng campaigns,
educational programs, and the training of
citizen volunteers.
Only in this way, can we reaffirm the
rights of bilingual, handicapped, or slow-
learning children to education In the public
schools, Instead of being wrongly classified
as retarded or uneducable and dismissed
Only through so expanding the horizon of
our awareness of what is going on tn our
communities, will we begin to take action to
help the so-called "naive offender" — the re-
tarded youth who lacks perception or intui-
tive Judgment about the offense with which
he is charged — and the law enforcement
officer or court official who sees no aUerna-
tlve to placing him In a jail cell. And 't Is
only through achieving such heightened con-
cern by the total community that we will
address the profound problem of tens of
thousands of people receiving only custodial
care In mental institutions — where all too
frequently we are confronting shocking cases
of human degradation.
And yet. In the end I come back to that
14-year-old boy who has withdrawn from
society, and I think of the thousands of chil-
dren and youth like him whose view of so-
ciety Is blocked by a tightly drawn curtain,
while parents sit in the next room in the
silence of despair and anxiety.
American society dare not withdraw from
them. The curtain must be opened. Hope
must be restored. A nation of compassion can
do no less. A people who are concerned can
do so much more.
CIVIL RIGHTS: THE PAST AS
PROLOG
Mr. HUMPHREY. Mr. President. I
wish to call to the attention of my col-
leagues an extremely significant event
that took place during adjournment of
the Congress — the civil rights symposium
sponsored jointly by the University of
Texas at Austin and the Lyndon Baines
Johnson Library. The symposium—
"Equal Opportunity in the United
States" — was held in conjunction with
the opening of President Johnson's civil
rights papers on deposit in the library.
It was noted in the invitation from
Harry Middleton, director of the LBJ
Library that —
The purpose of the symposium will be
not to look back, but rather to look
ahead to see what this Nation should be
doing to fulfill its commitments in the
decade ahead.
As a matter of fact, the sympo.-ium.
with its outstanding roster of partici-
pants, both looked backward— to recap-
ture a sense of the achievement's of the
1950's and 1960's— and developed a com-
pelling agenda of action for the balance
of the 1970's.
In this time of uncertainty and doubt
concerning the course of civil rights
progress in America, it is particularly
important to understand the break-
throughs that were won against political
obstacles every bit as intractable as the
ones we face today. Retired Cliief Justice
of the United States, Earl Warren, and
the executive secretary of the NAACP,
Rov Wilkins. spoke to the.^e achieve-
ments with an honesty and fcrthright-
ness that has been rarely heard in recent
years.
The Chief Justice, in his keynote ad-
dress, spoke of America's long history of
January 9, 1973
CONGRESSIONAL RECORD — SENATE
639
segregation and separation of the races
culminating in the Supreme Court's de-
cision in Plessy against Ferguson, 1896.
The Chief Justice said:
The euphonious phrase "separate but
equal." became the touchstone for a torrent
of racist legislation and governmental prac-
tices In the Southern States that brought
the black people there close to a condition
of apartheid m the twenties and thirties of
the twentieth century.
But in the fifties and sixties, following
the Supreme Court's decision in Brown
against Board of Education, 1954, that
declared unconstitutional the doctrine of
"separate but equal," the Congress and
the executive branch moved decisively to
strike down this entire structure of racist
legislation, statutes, and tradition.
Roy Wilkins. in his address, described
this period as "one of those constituting
a great leap forward for our Nation in
this civil rights field. It was a time of
significant history."
And so it was, as many of my col-
leagues in the Senate will recall. People
who are today discouraged by the outlook
for renewed civil rights prog;ress should
remember that the outlook in this body
was equally grim when we began debat-
ing the Civil Rights Act of 1964. It took
75 days — the longest uninterrupted de-
bate in Senate histoi-y — to bring this
legislation successfully through to final
passage. But the combination of the firm
Presidential leadership of Lyndon John-
son and the dedicated efforts of Sena-
tors of both parties eventually prevailed.
The greatest legislative breakthrough in
civil rights history had been achieved.
Vernon Jordan, the successor to the
late Whitney Young as executive di-
rector of the National Urban League,
provided a brilliant analysis of the civil
rights agenda that we must face in the
seventies. Jordan said, in part:
In the sixties, the issue was the right to
sit on the bus; today the issue Is where that
bus is going and what does It cost to get
there. In the sixties, the issue was the right
to eat at the lunch counter; today the issue
is the hunger and malnutrition that stalk
the land. In the sixties, the issue was fair
employment opportunity. Today, that can no
longer be separated from full employment
of black people and equal access to ever.'
kind and level of employment, up to and
Including top policy-making Jobs.
The strategies black people and committed
white people must develop in the seventies
will revolve around Issues like revenue shar-
ing, metropolitan government, and Internal
regulations of federal and state regulator^-
agencies. The battleground has shifted from
the streets where people marched to end seg-
regation on buses, to the computer rooms
where analysts will have to examine data on
bus routes, on where black people live and
where they travel to work, and on alternate
rate structures that will make riding cheaper
for poor people.
So civil rights in the seventies will be less
dramatic and less popular. It will be an era
of trench warfare, requiring knowledgeable
technicians skillfully monitoring and expos-
ing racism in the twilight zone of America's
institutional policymaking processes.
In one of his very infrequent public
speeches, former President Lyndon John-
son demonstrated once again why histo-
rians will judge his administration to be
the turning point in America's struggle
to translate the promises of the Decla-
ration of Independence into reality for
all citizens of this country. He spoke of
the backlog of deprivation and inequality
that has been the constant companion of
practically every black American. And he
spoke of the urgent need to rectify these
two centuries of injustice through com-
pensatory action that will enable whites
and blacks — together— to share equally
in the opportunity and promise of this
Nation.
This was a stirring challenge but it is
also, quite frankly, a most difficult chal-
lenge. As our front pages are filled with
controversies over schoolbusing. or
quotas, or scatter site housing, we can-
not avoid recognizing the political ob-
stacles that today block the kind of en-
lightened and activist strategy proposed
by Vernon Jordan. But, equally, we can-
not avoid the imperatives to action laid
down by Lyndon Johnson.
In my remarks to the symposium, I
suggested the beginnings of a political
strategy that once again could build a
working majority in Congress for a re-
vitalized attack on a host of urgent
domestic problems — problems that affect
not only blacks and other minorities, but
the large majority of American families.
I suggested that we are in a vitally
important period in our national life
where our lack of direction in the civil
rights arena is no greater than our lack
of direction generally. But to redefine our
direction as a people we must look
broadly to the needs of all the people of
this country.
In the political arena, for example,
there just are not enough blacks. Chi-
canos. Indians, and Puerto Ricans to
form an electoral majority. What is
needed is the creation of a climate of
identity between the needs — the hopes
and fears — of the minorities and the
needs — the hopes and fears — of the ma-
jority.
This, I submit, is the great challenge
of the 93d Congress.
And we can move to meet this chal-
lenge if we heed the great lesson, in my
view, of the civil rights symposium:
namely, that despite setbacks and dis-
appointments, this Nation in the fifties
and sixties took giant strides toward the
creation of a more just and free society
through the determined efforts of the
Congress, the Presidency, and the courts.
These battles were not easy. The results
were not preordained. But through im-
rjmittino; effort and a certain amount of
political commonsense. we finally were
able to secure these advances.
This is precisely the formula that we
must follow today if we are to break out
of our present deadlock: unremitting ef-
fort and a certain amount of political
commonsense.
We will have our opportunities in the
93d Congress. And if we take advantage
of them — in the spirit that was so abun-
dantly evident at the civil rights sym-
posium— I believe we might surprise our-
selves at what can be achieved.
Mr. President, I ask unanimous con-
sent that my remarks at the civil rights
symposium at the LBJ Library be printed
at this point in the Record.
There being no objection, the remarks
were ordered to be printed in the Record.
as follows:
Remarks by Senator Hubert H. Humphrey
It Is a great privilege for me to participate
In this civil rights symposium sponsored
Jointly by the Lyndon Baines Johnson Li-
brary and the University of Texas.
1 am even tempted to suggest that this Is
a historic occasion. Although I recognize
that the term "historic" has been used to
excess In certain quarters, I am fully pre-
pared to defend this gathering as properly
being placed in the historical category.
It is historic in the sense that today we
observe the opening of the civil rights papers
on deposit In the LBJ Library. Scholars of
post-World War II America will find these
documents to be a rich source of infor^iation
and social challenge — the quest for racial
justice and opportunity.
And no man was more crucial to this
struggle — no man gave more of himself to
this cause and asked more of us — than U.S.
Senator and then President Lyndon Johnson.
But this symposium Is historic in other
equally significant ways. Just the fact of its
being held Is historic. It has been more years
than I care to count since such a distin-
guished group of national leaders have come
together for something called a "civil rights
symposium." This Is the kind of gathering
that one attended regularly In the 1960's.
such as the civil rights convocation held at
Georgetown University at the height of our
efforts to pass the Civil Rights Act of 1964.
The fact that today this symposium gen-
erates such Interest and comment Is striking
evidence of the profound changes that have
taken place since these earlier years of opti-
mism and hope.
Finally, this meeting is historic because it
offers a rare opportunity to speak honestly
and directly to the unfinished agenda of
civil rights that still confronts this nation.
I do not accept the proposition that most
Americans believe that two centuries of racial
injustice have somehow vanished from this
land, however, they may feel personally about
school busing, or scatter-slght housing, or
the Philadelphia plan. I believe most Ameri-
cans understand that the Job Is far from
finished.
It Is, therefore, vitally Important that we
seize the opportunity to remind our fellow
citizens of this unfinished agenda. But If we
did no more than this — If we only enumer-
ated the wrongs and Injustices that re-
mained— we would be throwing away our
chance to carry forward the struggle of eradi-
cating these living denials of justice and
freedom.
To make this a truly historic conference,
we must face directly the kind of tough
political problems that we faced many years
ago and that, through years of unremitting
effort, we eventually surmounted. And it Is
to this task that I thought I might usefully
direct my remarks this afternoon.
I recognize that It has been fashionable In
some circles to suggest that while politicians
no longer have much to offer In this strug-
gle, that blacks. Chlcanos and Indians have
now taken over the full burden of organizing
the political forces to end the racial abuses
that offend us all. While It Is certainly true
that a great deal of this responsibility has
shifted to persons who actually suffer under
these wrongs, I flatly reject the notion that
this burden Is theirs alone.
I do so for two rea.sons First, we have said
many times — and I still bilieve — that racial
injustice and prejudice Is more a white prob-
lem than a black, brown, or red problem. If
that is so. I am unable to understand how the
problem can be solved without full and ac-
tive participation by whites — public officials
and private citizens, alike.
Second. I know that real progress will be
achieved only when the overwhelming ma-
jority of Americans are committed to action
and are prepared to communicate this mes-
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CONGRESSIONAL RECORD — SENATE
January 9, 1973
,ge to their elected representatives In cities,
ates and In the Congress and White House.
We look back at the civil rights battles of
le 1950s and 1960's with an air of nostal-
In those years the legalslatlve goals were
latlvely well defined: the removal of a host
legal barriers to civil equality and equal
ojjportunlty.
More than this, the legal barriers existed
imarlly In one section of the country so
liat the lives of most Americans would be
u laffected by whatever reforms we might
hleve In Congress. We were. In a sense,
ng with a civil rights agenda that ^«s
iquely suited to legislative remedy.
We now look back on those times as the
,• days of the civil rights struggle.
But if we think a moment longer — and in
Is I defer to my good friend. Clarence Mit-
liell. who will be participating in tomor-
/'s panel — these easy days were not so easy,
the early 1950's. the number of U.S. Sena-
who were actively committed to passing
pending civil rights legislation could cau-
s in the rear corner of the Senate cloak-
rcjom. And I have xhe distinct impression that
Senate establishment of those years was
idedly unenthuslastic about these bills,
might even say downright hostile.
As Clarence Mitchell remembers, these
!re years of unrelieved frustration and fail-
\mtil Senate Majority Leader Lyndon
Johnson decided that we could postpone no
ger the most urgent portions of the pend-
legislatlon. In what still must be regarded
one of the Senate's most amazing demon-
ions of parliamentary skill, the Civil
ghts Act of 1957 become law when Lyndon
Johnson maneuvered the legislation through
Senate without a filibuster.
By the early 1960s, these initial steps were
longer sufficient as remedies for the prob-
lelns that remained : equal access to public
acjrommodations. equal Job opportunity, the
discriminatory use of federal funds, and
er protection of the right to vote. The
jislatlve outlook was as dismal as It had
n ten years earlier.
The dramatic events In Birmingham; the_
de rision by President Kennedy to seize the"
;islatlve Initiative, his tragic assassination,
the total commitment of President John-
to realizing these objectives produced a
mfcre hospitable legislative climate.
3ut. even then, the outlook In the Senate
s grim. Our eventual triumph was not pre-
or^lained, by any means. At numerous points
the 75 day battle to break the filibuster
legislation could have been compromised
trievably. The fact that none of this hap-
pe led was due almost entirely to the political
i^teey that had been mapped out and that
3 followed even in the most difficult mo-
ms of debate.
rtiese brief retrospective remarks have only
onp purpose: to suggest again that the strug-
for civil rights In Congress has never
n easy and that. In many resp>ects, our
t difficulties are no more Insuperable
the barriers we faced back In the good
davs. Different, to be sure, but not In-
perable.
ther participants In this symposium will
to the substance of the remaining
pri^blems: raclally-restrlctlve suburbs, racl-
excKislve schools, racially protected Jobs,
drugs, and the host of other Inter-
ned domestic problems. We will talk at
lerjgth about the new Northern battlegrounds
many of these Issues will be resolved.
I would like to devote the remainder of
remarks to the political strategy that
t be devised If we are to continue the
ss of the 1960's in this decade,
begin with this proposition: unless we
on a strategy that can attract a major-
coalition In the Congress and the na.r
at large, we can look forward to little In
way of concrete results. This lesson is as
today as it was twenty years ago.
1 ietween the two extremes of empty ap-
pe£ Is to the nation's moral consciousness and
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premeditated violence and Intimidation Is
a broad field for constructive political action.
And It Is In this area where we must begin to
think more creatively.
It Is now commonplace In current politi-
cal analysis to suggest that the national
constituency in support of continued civil
rights progress has vanished. The Nixon land-
slide in the general election; the surprising
showing of Governor Wallace In the pri-
maries; and the reams of polling data are
offered as evidence of this decline. The mo-
mentum toward greater racial Justice of the
1960's apparently has given way to a grow-
ing sense of retrenchment and disquiet.
But, on the other hand, If one looks be-
hind these highly visible developments at
other examples of the public's attitude, the
outlook is less stark and more hopeful.
The Gallup Poll, for example, has dis-
covered a marked decline among Southern
white parents who object to sending their
children to schools with blacks. In 1963, 61
percent of Southern white parents said
they objected to such a development; In
1970, seven years later, Gallup asked the
same question and discovered that 16 per-
cent 3ald they would object. Gallup described
this as one of the most dramatic shifts In
the history of public opinion polling.
Or consider this bit of evidence: In 1958,
39 percent of the voters Interviews In another
national Gallup Poll said they would vote
for a generally well-quallfled black man for
President; 53 percent said they could not
support such a candidate. Last year Gallup
asked the same question: 69 percent said
they would vote for a generally well-quallfled
black presidential candidate of their party,
an Increase of 31 percent. On the basis of
this survey. Gallup reported that prejudice
toward blacks In politics had declined to its
lowest point yet recorded.
These findings are significant if they do no
more than remind us that the Integration —
a good word, I continue to believe — of blacks
into our educational and political structure
has moved forward In the past decade, even
as we read of the bitter opposition of a spe-
cific group of whites to a local busing plan
or the defeat of a particular black candidate
at the polls.
We are, it seems to me. In a peculiar but
vitally Important period of our national life,
where our lack of direction In the civil rights
arena Is no greater than our lack of direction
generally. The American people and their
elected leaders are deeply confused and am-
bivalent about where we should be heading
as a nation and, consequently, deeply divided
about our shorter-range objectives.
This Is certainly true about the Democratic
P^rty itself, long the nation's principal source
of vision and Initiative. What is the Demo-
cratic Party? Why the Democratic Party?
These are not easy questions to answer.
The 1972 elections did little to clarify this
situation. It Is regrettable but nonetheless
true that many people voted against Senator
McGovern or against President Nixon, rather
than for either candidate. And an alarmingly
large number of eligible voters didn't vote
at all. The Issues of the campaign become
hopelessly muddled and many people voted
against positions that neither candidate ac-
tually advocated. Thus we emerge from this
presidential election no better Informed
about our future than when the campaign
began more than a year ago.
But I think this much can be said: draw-
ing from the election returns and our knowl-
edge of current public attitudes. It seems
clear that any political appeal that appears,
rightly or wrongly, as favoring one group or
class of people over another Is going to be
rejected by a majority of the American elec-
torate.
The Democratic Party got Into trouble
when Its Internal reforms came to be per-
ceived as establishing specific quotas that
favored young people, women and blacks
over the more traditional elements of the
party, particularly ethnic Americans blue
collar workers, the elderly and elected Demo-
cratic officials.
And. by the same token. I would argue that
the civil rights movement got into trouble
when more and more people came to see it as
an effort to give blacks a special break that
was afforded no other group in American so-
ciety. We know this perception is wrone
But It exists, whether we like it or not.
I would argue, however, that it is within
our power to break out of this Impasse and
to begin the mobilization of political re-
sources that can restore the positive momen-
tum of the 1960's, not only for civil rights
but for the nation generally.
How is this to be done?
I am not sure at all that I have the
answers. But I can point up several facts
that should be kept in mind as we search
for more lasting solutions.
First, I subscribe totally to Vernon Jor-
dan's thesis that President Nixon has within
his grasp an extraordinary opportunity to
move to the forefront of the quest for racial
Justice In this country.
Just as he confounded his critics with his
dramatic trips to China and the Soviet
Union, or his adoption of wage and price
controls. Mr. Nixon could Just as easily seize
the initiative on the civil rights front.
I know, or at least I assume, that a second-
term President must begin to think seriously
about the historical Judgments of his admin-
istration. And I can imagine no more harsh
indictment than his having failed to lead
the United States In the most critical and ur-
gent area of domestic concern.
Such a move by President Nixon would be
supported and applauded by the large major-
ity of Democrats and, I suspect, by a signifi-
cant number of Republicans. It would bring
back to life, almost overnight, the bi-partisan
coalition that was responsible for all the civil
rights legislation of the 1960's.
Presidents, however, do not operate In a
vacuum. So I would supplement the Jordan
thesis with this proposal: we should be de-
vising a political strategy that will assist
President Nixon make this kind of affirma-
tive decision.
There is good historical precedent for this
approach. We forget that the early 1960's was
a time of convincing President Kennedy to
adopt a more aggressive posture in support
of the civil rights legislation that had been
pending In the Congress for many years. We
forget that his Initial civil rights proposals
in 1963 were Judged totally Inadequate by the
Leadership Conference on Civil Rights. It
was only after the dramatic events in Bir-
mingham that the Kennedy administration
became fully committed to the legislative
package that eventually became the Civil
Rights Act of 1964.
The times and circumstances are very dif-
ferent today. But there are several factors
that President Nixon should be reminded of
as he looks ahead to his second term of
office.
He should be reminded that the defeat of
George McGovern was not a repudiation by
the voters of the programs and policies ad-
vocated by other Presidents and passed by
Democratic Congresses. In particular, there
Is solid evidence that a majority of Ameri-
cans strongly favor closing tax loopholes and
creating a far more equitable tax structure.
In like fashion, there Is significant national
siipport for cutting out non-essential de-
fense expenditures.
This is significant because progress In these
two areas — only possible with strong presi-
dential leadership — would begin to provide
the federal government with the financial
resources that are essential In any realistic
attack on our most urgent domestic prob-
lems: education. Jobs, health care, housing,
crime, the environment and transportation.
As you attack these problems, either directly
by the federal government or through the
^
January 9, 1973
CONGRESSIONAL RECORD — SENATE
fr4l
states and cities, you are touching the areas
of dally life that now comprise most of what
we mean by civU rights.
This new budgetary flexibility also means
that these goals can be achieved without
seeming to advocate special advantages for
one group at the expense of another. There
is virtually no segment of our society that
would not benefit directly from meaningful
progress In each of these areas.
In this context, I intend to argue strongly
that the entire concept of civil rights be
broadened to include the rights and oppor-
tunities that should be available to other dis-
advantaged groups Ui America. I am thinking
in particular of the physically handicapped,
the mentally retarded and the elderly, all of
whom must face many of the same barriers
of misunderstanding and prejudice that con-
front black and other minority citizens. And
we know that we are in a period where the
issue of women's rights and political power
must be included In a broader definition of
civil rights.
In other words, I think It can be demon-
strated that the success of President Nixon's
second term depends in large measure upon
his willingness to take the lead on a number
of Issues that were raised in the campaign
by Senator McGovern. Moreover, there al-
ready exists a base of popular support if Mr.
Nixon elects such a course of action.
It is. then, imperative that we begin to
organize the political forces that can help
bring President Nixon to this point of view.
I intend to urge the Democratic congres-
sional leadership, working In close coopera-
tion with black and other minority leader-
ship, to speak out forcefully on these mat-
ters at the beginning of the 93rd Congress.
I would hope that state leaders — governors,
mayors, and county executives — would do
likewise.
As I see It, we must identify the struggle
for civil rights as an all-embracing struggle
for the rights, privileges, and duties of all
Americans.
In the political arena, there just aren't
enough blacks. Chlcanos. Indians, and Puerto
Rlcans to form an electoral majority. Over-
emphasis on the needs of these identifiable
groups can be and has been counterproduc-
tive.
What is needed Is the creation of a climate
of identity between the needs — the hopes
and fears — of the minorities and the needs —
the hopes and fears — of the majority.
For example, we ought to be emphasizing
that the Important new dimension oi civil
rights is the right of every American to an
opportunity to use his or her talents, to de-
velop his or her abilities and canaclties. to
make a constructive contribution' to society.
In plain simple language, this means iden-
tifying the cause of civil rights with quality
education for all children.
Remember, millions of parents, white and
black, feel that the education system Is not
satisfying the needs of their children.
We must identify civil rights with the civil
right of every American to health care. Re-
member white Americans, as well as black
brown, or red Americans, are all too often
the victims of inadequate health care.
What I'm .saying is that we must find com-
mon denominators— mutual needs, mutual
wants, common hopes, the same fears— and
iise this body of accepted information as the
binding that holds together a coalition of
people: a coalition representing the hopes
and fears of the majority.
Out of this coalition of needs, hopes, fears,
and injustices, we must fashion a new Bill of
Rights for all Americans:
The right to a meaningful life free from
poverty.
The right to full and equal protection of
the law.
The right to productive and gainful em-
ployment.
CXIX-
-Part I
The right to economic, political and social
opportunity free from the obstruction of
discrimination based on race, creed, or sex.
The right to a clean and decent neighbor-
hood.
The right to life free from violence and
terrorism.
The right to privacy, free from official or
private Invasion.
The right to safety. Including protection
of person and property.
The right to quality education at all levels,
free from segregation.
The right to live In good health under a
system of comprehensive Insurance provid-
ing and assuring modern health care for all.
The right to be free of hunger.
The right to recreation.
The right to a clean and wholesome en-
vironment.
These are rights, not Just for the blacks or
the Chlcanos or the Indians, but for the
blue collar worker, the poor white, the stu-
dent, the farmer, the office or shop worker —
yes, for everyone.
Without these rights being alive and well —
being applicable and accepted — there are no
real civil rights.
We now have the formalities of law. the
legal protections, but we have not had the
kind of social acceptance that is required.
The new dimensions of civil rights are to
be found l.n the living and working condi-
tions of our people.
It is not enough to have laws that declare
discrim.lnatlon in employment Illegal. We
must have jobs and income.
It is not enough to ban segregation in ed-
ucation. We must have modern, well-
equipped schools with competent, well-paid
teachers.
It is not enough to have government em-
ploy blacks and other minorities. We must
Insist that corporate industry, finance, and
institxitlons of higher education practice true
equal opportunity and equal treatment in all
of their economic, management, and employ-
ment functions.
The emphasis must be on developing the
American political and economic system to
its fullest potential so that all may bene-
fit. In the context of the ending of the
Vietnam War, this appeal may well gener-
ate far more political support than some
of our more cynical political commentators
would imagine.
This last point Is very Important. As U.S.
participation in the war ends and as our
prisoners of war are returned, we will, in
a very real sense, be liberated from a burden
that has stifled and blurred our vision of
what is possible in this country. It is not
just a question of the diversion of billions
of dollars to support our military effort In
Southeast Asia. It Is equally a question of
our energy, of our awareness and of our
willingness to buckle down to hard domes-
tic matters as long as the Vietnam War
was continuing.
Although it may not happen Immediately.
I am confident that, over time, we will
come to know a political climate free of
the hatred and antagonism that arose as
a consequence of the war.
In such a political climate it will be
much more feasible to win the support of
the American people for a renewed attack
on the luifinlshed agenda of domestic con-
cerns.
But, you ask, do we have enough time?
How can you expect black Americans, Chl-
canos. Indians and other deprived minorities
to postpone for one day longer their full and
fair participation in American life. The
answer is simple: you can neither expect nor
ask them to be this patient.
On the other hand, one of the factors that
always amazed me throughout many years of
public life has been the degree of faith In
the American system tha* has been retained
by blacks and other minorities. In many re-
far more than white Americans who benefited
spects. they have kept the democratic faith
more fully from the system.
Early next year the Potomac Associates
will release a study that will show that blacks
expressed just about as much sense of per-
sonal progress from the past to the present
as whites, but that blacks are more optimistic
than whites about their personal futures.
These findings at least raise questions about
the notion that members of the black com-
munity are overwhelmed by feelings of per-
sonal frustration and hopelessness.
I do not cite these results to suggest, In
any way, that what we have achieved In the
past is adequate or that we have been truly
responsive to the problems that remain. I cite
them only to suggest that blacks, and I be-
lieve most other minority group members,
have not given up on this country.
If those who have suffered most have not
given up, then I fall to see how those of us
who have suffered least can even contem-
plate such a course.
This means getting back to work — under-
standing the problems that remain and
searching for the avenues of solution that
eventually can be found.
That Is what we did In the 1950's and
1960's. We can do no less today and tomor-
row.
SENATE YOUTH PROGRAM
Mr. HUMPHREY. Mr. President. 1973
will mark the 11th year of the Senate
youth program, under which 918 high
school students have been given the op-
portunity to observe at first hand our
Government in action. Sponsored and
operated by the William Randolph
Hearst Foundation, this program has
been an outstanding success in enabling
students who have been elected to stu-
dent bodj' offices, to have a solid indoc-
trination into the operation of the U.S.
Senate and the Federal Government.
It was my privilege in the 87th Con-
gress to have joined with former Senator
Thomas H. Kuchel in introducing Senate
Resolution 324, which established the
U.S. Senate youth program, and to have
worked to obtain its unanimous adop-
tion. I also had the opportunity as a
member of the program's advisory com-
mittee, to observe the impressive develop-
ment of this program, through the per-
sonal involvement of George and Rosalie
Hearst and the continuing commitment
of Randolph A. Hearst, and under the
capable guidance of Ira P. Walsh, direc-
tor of the William Randolph Hearst
Foundation. It is especially noteworthy
that. 5 years after the programs incep-
tion, the trustees of the foundation acted
to award a $1,000 scholarship to each
high school delegate, to help that young
man or woman to pursue 2 years of
courses in American government, his-
tory, or related subjects, in the college
of his or her choice.
I regard the U.S. Senate youth program
as a vital contribution to promoting an
intelligent understanding of our political
processes End the functioning of our
National Government, by the citizens of
the United States, and as an incentive to
alert, talented, and vigorous competition
for political leadership — the bedrock of
an enduring constitutional democracy.
I know that with the ongoing full sup-
port of Members of the Senate, this
program will continue to provide a warm
welcome in Washington to manj- enthu-
642
CONGRESSIONAL RECORD — SEN ATE
January 9, 1973
siastic and highly capable youth of
America.
The nth annual U.S. Senate youth
program wHl be held in Washington
from February 3 to February' 10, 1973.
I am particularly pleased to announce
that Miss Paula Christine Pope, of Cir-
cle Pines, Minn., and Mr. Frank James
Kinzie, of Winona. Minn., will be among
the 102 outstanding high school dele-
gates visiting our Nation's Capital at
that time. Paula serves on the staff of the
newspaper and the yearbook of Centen-
nial Senior High School, is secretary of
the Minnesota State Student Councils
Association, and was actively engaged in
voter registration and in the presidential
election campaign. Jamie is president of
the Winona Senior High School student
council as well as of the Southeastern
Minnesota Association of Student Coun-
cils, and among other notable accom-
plishments is a member of the National
Honor Society.
Our State is justly proud of these
young people who have demonstrated the
leadership abilities, civic concern, and
solid capabilities that are so vital to our
Nation's future. It will be my great pleas-
ure to welcome them in their visit to the
U.S. Senate.
ANTISECRECY IN COMMITTEE
SESSIONS RULE CHANGE
Mr. HUMPHREY. Mr. President, I ask
unanimous consent that a press release
that relates to secrecy in the committee
sessions of the Congress be printed In
the Record at the conclusion of my
remarks.
The PRESIDING OFFICER. Without
objection, it is so ordered.
I See exliibit l.>
Mr. HUMPHREY. It is my jud^ent
that we should open up our processes
ever more. This is the public's business
and the public has a right to know what
we are doing about their business.
I am hopeful that the appropriate
committee, the Committee on Rules and
Administration of the Senate, will act
ven,' promptly on this matter. I think
it is of the highest importance for us
to modernize the structure of this>
as.sembly.
The public is more and more aware
of the Government.' as it should be, and
this Senate should be more and more
aware of its responsibility to open the
processes of our Government and of this
body to the public.
I am joined in this effort by the dis-
tinguished Senator from Delaware *Mr.
Roth > . Together we will pursue dili-
gently the effort to bring what I have
called the bright light of sunshine into
the processes of congressional govern-
ment, a.s one of the ways to start the
reforms which are necessary in the Con-
gress of the United States.
ExHiBrr 1
Humphrey and Roth Introduce "Anti-
SECHECY" IN Committee Sessions Rule
Changj;
Washington. DC. January 2. — Senator
Hubert H. Humphrey (D-Minn.) and Sen-
ator William V. Roth, Jr. (R-Del.) announced
today they would Introduce next week and
seek early adoption ol an "anti-secrecy" rule
governing Senate committee sessions.
The Senators explained their resolution
would require, with national security and
personal rights exemptions permitted If or-
dered by majority vote, that all meetings of
Senate committees and subcommittees be
open to the public.
In a statement mailed to their colleagues,
Humphrey and Roth said that "as Common
Cause and others have pointed out, Congres-
sional committees do the public business. To
the extent they do It in secrecy, the account-
ability between elected officials and their
constituents Is clouded."
"We believe," the two Senators said, "this
Is one of the major reform efforts which
should be made early in the coming session."
They said an anti-secrecy rule could be
adopted by each party caucus or as a rules
change within each committee, but that they
concluded the adoption of a uniform rule
by the Senate as a whole would be the best
approach.
In a statement released from his Wash-
ington office, Senator Humphrey said, "The
main target of our proposal, of course, is the
so-called executive or mark-up session of the
subcommittee and committee. In the Senate
nearly all such sessions — which are at the
crucial stage of the legislative process — are
closed to the public. While there may have
been convincing reasons for development of
closed sessions In earlier years, I believe it Is
time to recognize that the public has a right
to share In the development of legislative
policy at every stage."
Humphrey summarized the benefits of an
open-sessions policy as follows :
"Senators, as committee members, will be
fully accountable to their constituents at the
crucial stage of the legislative process, both
as to their leadership wlthm committee and
their votes. ^
"An open-sessions procedure will Increase
public respect for the legislative process and
for the Congress as a whole.
'Tre elimination of secrecy will strengthen
legislation by making expert points of view
available In the crucial moments when a bill
Is written in final form.
"Open sessions will Increase the Influence
of the Informed public and of public inter-
est groups in open competition with the
Executive Branch and the sp>ecial Interests
who now have special access to mark-up
sessions In many cases.
"Open committee and subcommittee ses-
sions will provide insurance against hidden
provisions or poorly drafted ones in legis-
lation reported to the tienate.
•Tull access to committee sessions will
improve the reporting and understanding of
legislation by the news media."
Senator Roth said, commenting on the res-
olution in a separate statement, "This reso-
lution Is part of an effort to put the people
of this country In closer touch with their
government and to make the government of
this country more accountable to the peo-
ple. If passed, oiir resolution would open up
the business of the Senate to the people who
elect the Senators. This is the proper place
to start. As I stated on the Senate floor last
year, 'Too often we in Congress have viewed
secrecy In government — and its attendant
credibility gaps — as problems of the Execu-
tive Branch. This Is clearly not true." Last
year 38'^^ of all meetings of Congressional
Committees were held In secret and 98':;^ of
all business meetings were secret. This sec-
recy hides from the public a crucial part of
the work of their Congress.' He added, "Com-
mittee secrecy opens the opportunity for a
number of abuses contrary to the spirit of
democratic procedure.
"The Humphrey-Roth resolution will put
a stop to this in the Senate. Then, I think,
we will be in a better position to press for
more openness from the Executive Branch
as well."
TRANSACTION OF ROU'HNE MORN-
ING BUSINESS
The PRESIDING OFFICER (Mr
Hathaway;. Under the previous order
the Senate will now resume the trans-
action of routine morning business for
a period of not to exceed 12 minutes, with
each Senator to be recognized for a
period of not to exceed 3 minutes
Mr. HUMPHREY. Mr. President. I
suggest the absence of a quorum
The PRESIDING OFFICER. The clerk
will call the roll.
The legislative clerk proceeded to call
the roll.
Mr. ROBERT C. BYRD. Mr. President.
I ask unanimous consent that the or-
der for the quorum call be rescinded
The PRESIDING OFFICER. Without
objection, it is so ordered.
COMMUNICATIONS FROM EXECU-
TIVE DEPARTMENTS, ETC.
The PRESIDENT pro tempore laid be-
fore the Senate the following letters,
which were referred as indicated:
Report of National Forest Reservation
Commission
A letter from the Secretary of the Army,
President, National Forest Reservation Com-
mission, transmitting, pursuant to law. a
report of that Commission, for the fiscal year
ended June 30, 1972 (with an accompanying
report): to the Committee on Agriculture
and Forestry.
Report on Overoblication of an
Appropriation
A letter from the Deputy Director, Office
of Management and Budget. Executive Office
of the President, reporting, pursuant to law.
that the appropriation to the Internal Rev-
enue Service for "Accounts, collection and
taxpayer service," for the fiscal year 1973,
had been reapportioned on a basis which
Indicates the necessity for a supplemental
estimate of appropriation: to the Commit-
tee on Appropriations.
Proposed Donation of Surplus Property
A letter from the Chief of Legislative Af-
fairs, Department of the Navy, reporting.
pursuant to law, on the proposed donation
of certain surplus property to the Pacific
Southwest Railway Museum Association
(with accompanying papers); to the Com-
mittee on Armed Services.
Notices of Proposed Disposition of Certain
Material Now Held in the National
Stockpile
A letter from the Acting Administrator.
General Services Administration, transmit-
ting, pursuant to law, notices of the pro-
posed disposition of certain material now
held in the national stockpile (with accom-
panying papers) ; to the Committee on Armed
Services.
Proposed Legislation
A letter from the General Counsel of the
Department of Defense, transmitting a draft
of proposed legislation to amend section
269(d) of title 10, United States Code, to
authorize the voluntary assignment of cer-
tain reserve members who are entitled to
retired or retainer pay to the Ready Reserve,
and for other purposes (with accompanying
papers) : to the Committee on Armed Services.
Proposed Legislation
A letter from the Secretary of the Army,
transmitting a draft of proposed legislation
to amend title 10. United States Code, and
the Military Selective Service Act. to permit
the oversea asslenment of members of the
Armed Forces who have completed basic
January 9, 1973
CONGRESSIONAL RECORD — SENATE
643
training and who have been awarded a mili-
tary specialty (with accompanying papers):
to the Committee on Armed Services.
Proposed Legislation
A letter from the Secretary of the Army,
transmitting a draft of proposed legislation
to Increase the number of authorized Dep-
uty Chiefs of Staff for the Army Staff, and
eliminate the provisions for Assistant Chiefs
of Staff for the Army Staff (with accompany-
ing papers): to the Committee on Armed
Services.
Proposed Legisl.\tion
A letter from the Secretary of the Army,
transmitting a draft of proposed legislation
to amend titles 10, 32, and 37, United States
Code, with respect to accountability and re-
sponsibility for U.S. property and for other
purposes (with accompanyliigrpapers) ; to the
Committee on Armed Services.
Report of Board of Governors of the Fed-
eral Reserve System on Truth in Lending
A letter from the Vice Chairman, Board of
Governors of the Federal Reserve System,
transmitting pursuant to law a report of
that Board for the year 1972, with an ac-
companying report); to the Committee on
Baniclng, Housing and Urban Affairs.
Report of National Commission on
Consumer Finance
A letter from the Chairman, National Com-
mission on Consumer Finance, transmitting,
pursuant to law, a report of that Commis-
sion (With an accompanying report); to the
Committee on Banking, Housing and Urban
Affairs.
Report of Aviation Advisory Commission
A letter from the Chairman, Aviation Ad-
visory Commission, transmitting, pursuant
to law, a report of that Commission (with
an accompanying report ) ; to the Committee
on Commerce,
Report on Certain Permits and Licenses
for Hydroelectric Projects Issued by
the Federal Power Commission
A letter from the Chairman, Federal Power
Commission, transmitting, pursuant to law, a
report on certain permits and licenses for
hydroelectric projects, issued by that Com-
mission, for the fiscal year ended June 30,
1972 (with an accompanying report); to the
Committee on Commerce.
Report on Programs. Projects, and
Facilities of the District of Columbia
Government
A letter from the Assistant Director, Office
of Planning and Management, District of
Columbia Government, transmitting, pur-
suant to law, a report entitled "For Your In-
formation" (with an accompanying report):
to the Committee on the District of Co-
lumbia.
Progress Report on Commission on the
Organization of the Government of
the District of Columbia
A letter from the Mayor-Commissioner,
Washington, D.C., transmitting, pursuant to
law, a progress report, of the Commission on
the Organization of the Government of the
District of Columbia, dated December 29.
1972 (With an accompanying report); to the
Committee on the District of Columbia.
Third and Fourth Annual Report of the
District of Columbia City Council
Two letters from the Chairman, District of
Columbia City Council, transmitting, pur-
suant to law, reports concerning the Coun-
cil's functions for the years ended June 30.
1971. and June 30. 1972 (with accompanying
reports); to the Committee on the District
of Columbia.
Report of District of Columbia
Government
A letter from the Commissioner, District
of Columbia Government, transmitting, pur-
suant to law, a report entitled "For Your
Information" (with an accompanying re-
port); to the Committee on the District of
Columbia.
Report of the Chesapeake & Potomac
Telephone Co.
A letter from the vice president and gen-
eral manager, the Chesapeake & Potomac
Telephone Co., transmitting, pursuant to law,
a report of the company for the year 1972
(With an accompanying report) ; to the Com-
mittee on the District of Columbia.
Report of Liabilities and Financial Com-
mitments OF the U.S. Government
A letter from the Secretary of the Treasury,
transmitting pursuant to law, a report of
liabilities and other financial commitments
of the U.S. Government as of June 30, 1972
(with an accompanying report) ; to the Com-
mittee on Finance.
Reports of Comptroller General
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report entitled "Examination of Fi-
nancial Statements of the Veterans' Canteen
Service for Fiscal Year 1972," Veterans' Ad-
ministration, dated January 4, 1973 (with an
accompanying report); to the Committee on
Government Operations.
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report entitled "Audit of the U.S.
Capitol Historical Society, for the year end-
ed January 31, 1972," dated January 2, 1973
( with an accompanying report) ; to the Com-
mittee on Government Operations.
Report on Operation of the Colorado River
A letter from the Assistant Secretary of
the Interior, transmitting, pursuant to law,
the second annual report on the operation of
the Colorado River (\\-ith an accompanying
report); to the Committee on Interior and
Insular Affairs.
Third Preference and Sixth Preference
Classification for Certain Aliens
A letter from the Commissioner. Immigra-
tion and Naturalization Service, Department
of Justice, transmitting, pursuant to law,
reports concerning third preference and sixth
preference classification to certain aliens
(With accompanying papers); to the Com-
mittee on the Judiciary.
Temporary Admission into the United
States of Certain Aliens
A letter from the Commissioner, Immigra-
tion and Naturalization Service, Department
of Justice, transmitting, pursuant to law,
copies of orders granting temporary admis-
sion into the United States of certain aliens
(with accompanying papers); to the Com-
mittee on the Judiciary.
Admission into the United States of a
Defector Alien
A letter from the Commissioner, Immigra-
tion and Naturalization Service, Department
of Justice, transmitting, pursuant to law,
a copy of orders entered granting admission
into the United States of a defector alien
(With accompanying papers); to the Com-
mittee on the Judiciary,
Report on JtrocMENTS Rendered bt the U.S
Court of Claims
A letter from the Clerk, U.S. Court of
Claims, transmitting, pursuant to law, a
report setting forth all the judgments ren-
dered by the Court for the year ended Sep-
tember 30, 1972 (with an accompanying re-
port); to the Committee on the Judiciary.
Report of National Safety Council
A letter from the President, National
Safety Council, transmitting, pursuant to
law, its report to the nation for 1972 (with
an accompanying report); to the Committee
on the Judiciary.
Report of the Government Printing Office
A letter from the Acting Public Printer,
U.S. Government Printing OfiBce, transmit-
ting, pursuant to law, a report of the Print-
ing Office for the fiscal year ended June 30,
1972 (with an accompanying report); to the
Committee on Rules and Administration.
PETITIONS
Petitions were laid before the Senate
and referred as indicated:
By the PRESIDENT pro tempore :
A resolution adopted by the council of the
city of Toledo, Ohio, relating to the rehabil-
itation loan program: to the Committee on
Government Operations.
A resolution adopted by the Central Ver-
mont Chamber of Commerce, in support of an
amendment to the Constitution relating to
apportionment of State legislatures; to the
Committee on the Judiciarv.
INTRODUCTION OF BILLS AND
JOINT RESOLUTIONS
The following bills and joint resolu-
tions were introduced, read the first time
and, by unanimous consent, the second
time, and referred as indicated:
By Mr. SCOTT of Pennsylvania:
S. 252. A bill to grant a Federal charter to
the American Golf Hall of Fame Association.
Referred to the Committee on the Judiciary.
By Mr. SCOTT (for himself and Mr.
SOHWEIKER) :
S. 253. A bUl to provide an additional per-
manent Judgeship for the middle district of
Pennsylvania. Referred to the Committee on
the Judiciary.
By Mr! SCHWEIKER:
S. 254. A bill to prohibit assaults on State
and local law enforcement officers, firemen,
and Judicial officers. Referred to the Com-
mittee on the Judiciary.
By Mr. EAGLETON:
S. 255. A bill to repeal certain provisions,
which become effective January 1, 1974, of
the Food Stamp Act of 1964 and section 416
of the Agricultural Act of 1949 relating to
eligibility to participate In the food stamp
program and the direct commodity distribu-
tion program. Referred to the Committee on
Agriculture and Forestry.
By Mr. HANSEN (for himself and Mr.
McGee) :
S. 256. A bill to construct an Indian Art
and Cultural Center in Rlverton, Wyo., and
for other purposes. Referred to the Committee
on Interior and Insular Affairs.
By Mr. McGEE (for himself and Mr.
Hansen) :
S. 257. A bill to provide for the establish-
ment of a national cemetery In the State of
Wyoming. Referred to the Committee on Vet-
erans' Affairs.
By Mr. EASTLAND (for himself and
Mr. Thurmond) :
S. 258. A bill to amend chapter 84 of title
18 of the United States Code relating to the
assaulting, injuring, or killing of police of-
ficers and firemen, and for other purposes.
'i;r-Jleferred to the Committee on the Judiciary.
By Mr. METCALF:
S, 259. A bill for the relief of Juan G. Parra.
Referred to the Committee on the Judiciary.
By Mr. CHILES (for himself, and Mr.
Clark. Mr. Cook, Mr. Cranston. Mr.
Hart. Mr. Hatfield. Mr. Humphrey,
Mr. Mathias. Mr. Metcalf. Mr. Mon-
DALE. Mr, Nelson. Mr. Packwood,
Mr. Proxmire, Mr. Roth. Mr. Staf-
ford, Mr, Stevenson. Mr. Tunney.
and Mr. Weicker ) :
S. 260, A bill to provide that meetings of
Government agencies and of congressional
committees shall be open to the public, and
(44
I
CONGRESSIONAL RECORD — SENATE
Janiiarij 9, 197 3
f ir othT purposes. Referred to the Commit-
;e or. Government Operations.
By Mr MUSKIE (for himself. Mr.
Baker Mr Brock. Mr. Chiles. Mr.
GuRNEY, and Mr. Metcalf) : >
S 261. A bill to amend the Uniform Reloca-
tion Assistance and Real Property Acqulsi-
t on Policies Act of 1970 to provide for mlnl-
r lum Federal payments for four additional
y ears, and for other purposes. Referred to the
cjommittee on Government Operations.
By Mr. ALLEN (for himself and Mr.
Sp.mikman ) :
3. 262. A bUl to provide for the establish-
rjient of the Tuskegee Institute National
Itistorlcaa Park, and for other purposes. Re-
: ?rred to the Committee on Interior and In-
.~f;lar Affairs.
By Mr. MOSS (for himself and Mr.
Hansen ) ;
S. 263. A bill to establish mining and
liiineral research centers, to promote a more
adequate national program of mining and
riinerals research, to supplement the act of
Hecember 31. 1970, and for other purposes.
I leferred to the Committee on Interior and
Ijisular Affairs.
By Mr. MOSS (for himself. Mr. McGee,
and Mr. Hansen) :
S. 264. A bill for the relief of WUllam
.4llen and Marie Allen, his wife. Rock Springs,
\?yo Referred to the Committee on the
jiidiciary.
By Mr. MOSS:
S. 265. A bill to authorize the Secretary
rk the Interior to sell certain mineral rights
! \ certain lands located in Utah to the rec-
f rd owner thereof. Referred to the Commit-
tee on Interior and Insular Affairs.
Bv Mr. MOSS:
S. 266. A bill for the relief of Charles
^hillip Anthony Mills. Referred to the Com-
ijiltiee on the Judiciary.
By Mr. JACKSON (for himself and
Mr. Fannin) :
S. 267. A bill to abolish the Joint Cominlt-
tfce on Navajo-Hopi Indian Administration,
referred to the Committee on Interior and
lti5Ular Affairs.
By Mr. JACKSON (for himself, Mr.
Bell.mon, Mr. Bennett, Mr. CHtmcH,
Mr. DoMiNiCK. Mr. Pannin, Mr.
Gr-avel, Mr. GtJRNEY, Mr. Hatfield,
Mr. Humphrey. Mr. Inouye, Mr.
Magnltson, Mr. Metcalf, Mr. Moss,
Mr. Pastore, Mr. Randolph. Mr.
RiBicoFF. Mr. Stevens, Mr. Taft, and
Mr. Tttnney) :
S. 268. A bill to establish a national land
ise policy, to authorize the Secretary of the
] nterior to make grants to assist the States
io develop and implement State land use
I irograms. to coordinate Federal programs
i nd policies which have a land use impact,
o coordinate planning and management of
federal lands and planning and management
)f adjacent non-Pederal lands, and to estab-
iih an Office of Land Use Policy Admlnistra-
lon m the Department of the Interior, and
or other purposes. Referred to the Commlt-
ee o:\ Interior and Insular Affairs.
By Mr. WILLIAMS : >
S. 269. A bill to amend the National Flood
nsurance Act of 1968 to increase flood In-
.urance coverage, to authorize the acqulsl-
lon of certain properties, to require known
lood-prone communities to participate in
he program, and for other purposes. Re-
erred to the Committee on Banking. Hous-
ng and Urban Affairs.
By Mr. BURDICK:
S. 270. A bill for the relief of Merle Jacob-
ion. Referred to the Committee on the
Judiciary.
S. 271. A bill to improve judicial machin-
ery by amending the requirement for a
:hree-Judge court in certain cases and for
other purposes. Referred to the Committee
on the Judiciary.
By Mr. CANNON:
fc. 272. A bill to amend the Communica-
tions Act of 1934 with respect to the consid-
eration of applications for renewal of station
licenses. Referred to the Committee on
Commerce.
By Mr. HUMPHREY:
S. 273. A bill for the relief of Mr. Jerome
O. Gbemudu. Referred to the Committee on
the Judiciary.
By Mr. HARTKE:
S. 274. A bill to amend section 9 of the
River and Harbor Act of 1899 in order to
define the term "causeway." Referred to the
Committee on Public Works.
By Mr. HARTKE (for himself, Mr.
Thl-rmond, Mr. Talmadce. Mr. Ran-
dolph, Mr. Cranston, Mr. Hughes,
Mr. Hansen. Mr. Mondale, Mr. Pell,
Mr. Williams, and Mr. Eastland) :
S. 275. A bill to amend title 38 of the
United States Code increasing Income limita-
tions relating to payment of disability and
death pension, and dependency and indem-
nity compensation. Referred to the Commit-
tee on Veterans' Affairs.
By Mr. HARTKE :
S. 276. A bill to amend the Department of
Transportation Act and title 23 of the United
States Cede, relating to highways, in order
to provide that certain provisions relating
to the preservation of parklands shall apply
to areas including water. Referred to the
Committee on Public Works.
By Mr. CRANSTON :
S. 277. A bill to amend the Immigration
and Nationality Act with respect to the
waiver of certain grounds for exclusion and
deportation. Referred to the Committee on
the Judiciary.
S. 278. A bill for the relief of Manuela
C. Bonlto: and
S. 279. A bill for the relief of Maria Alicia
Tlnoco Cahue. Referred to the Committee
on the Judiciary.
S. 280. A bin for the relief of Lenora Lopez;
and
S. 281. A bill for the relief of Arthur E.
Lane, Referred to the Committee on the
Judiciary.
By Mr. CRANSTON (for himself and
Mr. TuNNEY) :
S. 282. A bill to regulate and foster com-
merce among the States by providing a uni-
form system for the application of sales and
use taxes to interstate commerce. Referred
to the Committee on Finance.
S. 283. A bill to declare that the United
States holds in trust for the Bridgeport In-
dian Colony certain lands in Mono County.
Calif. Referred to the Committee on Interior
and Insular Affairs.
By Mr. CRANSTON (for himself,
Mr. Hartke. Mr. Talmadce, Mr. Ran-
dolph, Mr. Hughes, Mr. Stafford,
Mr. Saxbe, Mr. Humphrey, Mr. Han-
I SEN, Mr. Thurmond, and Mr. Sch-
I WEIKER) :
S. 284. A bill to amend chapter 17 of title
38, United States Code, to require the avail-
ability of comprehensive treatment and re-
habilitative services and programs for cer-
tain disabled veterans suffering from alco-
holism, drug dependence, or alcohol or drug
abuse disabilities, and for other purposes.
Referred to the Commit tes on Veterans
Alalrs.
By Mr. HARRY F BYRD, JR. (far him-
self. Mr. Allen. Mr. Thurmond, and
Mr. NuNN) :
S.J. Res. 13. A Joint resolution proposing
an amendment to the Constitution of the
United States with respect to the reconfir-
mation of Judges after a term of 8 years.
Referred to the Committee on the Judiciary.
STATEMENTS ON INTRODUCTION
OF BILLS AND JOINT RESOLU-
TIONS
By Mr. SCOTT of Pennsylvania
(for himself and Mr. Schwei-
KER) :
S. 253. A bill to provide an additional
permanent judgeship for the middle dis-
trict of Pennsylvania. Referred to the
Committee on the Judiciary.
additional permanent judgeship for middle
DISTRKrr of PENNSYLVANIA
Mr. SCOTT of Pennsylvania. Mr.
President, in the spring of 1970, Con-
gress enacted a bill which created a num-
ber of additional judgeships. With re-
spect to Pennsylvania's middle district.
Congress provided for one more judge!
but on a temporary basis. In his re-
quest for this new position. Chief Judge
Michael H. Sheridan noted that the
weighted caseload per judgeship in the
middle district was the highest in the
entire third circuit. He said that the in-
crease in land condemnation cases for
recreation projects and highways and
habeas corpus cases more than justified
the need for an additional judge. The
chief judge of the third circuit, Wil-
liam H. Hastie, agreed and further
pointed out that another judge was nec-
essary to forestall an expected backlog
of cases.
The bill I am introducing today will
make permanent the temporary judge-
ship we created in 1970. The onslaught
of cases predicted by Judges Sheridan
and Hastie materialized. By the summer
of 1971, for example, there were nearly
400 tracts of land awaiting trial under
condemnation proceedings. Some of the
cases on the dockets were over 3 years
old. It is obvious at this point in time
that the middle district needs to have a
permanent judge rather than a tempo-
rary one.
Present law prohibits the filling of the
existing temporary judgeship if a va-
cancy (Xicurs. My bill simply names the
incumbent judge as the permanent
judge. No new judgeship is being cre-
ated. Testifying in support of this ef-
fort several years ago I noted that
Pennsylvania's middle district was quite
unique geographically, since it included
32 counties and covered more than half
the area of the Commonwealth. The
district needs at least four judges, on a
permanent basis, and I hope my col-
leagues will agree.
ByMr. SCHWEIKER:
S. 254. A bill to prohibit assaults on
State and local law enforcement officers,
firemen, and judicial officers. Referred to
the Committee on the Judiciai-y.
Mr. SCHWEIKER. Mr. President. I in-
troduce a bill to prohibit aysaults on
State and local law enforcement officers,
firemen, and judicial officers and ask
that it be appropriately referred.
This bill makes it a Federal crime to
assault, injure, or kill any State or local
law enforcement officer, fireman, or judi-
cial officer because of his official posi-
tion. Let me emphasize that this legisla-
Jamiarij 9, 1973
CONGRESSIONAL RECORD — SEN ATE
645
tion is designed to apply to situations
where an official is singled out and at-
tacked as a symbol of the establishment
because of his official position — for ex-
ample, killing a policeman simply be-
cause he is a policeman.
This bill is similar to a bill I introduced
in the 91st Congress, S. 4348. and rein-
troduced in the 92d Congress as S. 120.
On September 18. 1972, I introduced
this bill as an amendment to S. 33. I was
pleased when the Senate voted over-
whelmingly, 46 to 23, to accept my
amendment. Regrettably, the bill died in
conference, so my amendment failed to
become law.
Just yesterdiy, a sniper in New Or-
leans killed three policemen and other
citizens, and wounded a fireman. Seven
people, including the sniper, died during
the 2-day battle. Allegations have been
made that the New Orleans killings were
pait of a national conspiracy to shoot
policemen. There particular allegations
are unproven as yet, but during the 91st
Congress the Senate Internal Security
Subcommittee held hearings on my bill,
as well aj similar bills introduced by
Senators Eastland. Williams, and Dodd,
and several witnesses indicated their
strong belief that national conspiracies
to shoot policemen were involved in a
number of killings.
Increasingly in recent years, we have
witnessed brutal and often fatal attacks
on State and local policemen by radical
revolutionaries. These attacks have often
been essentially politically oriented, con-
ceived by the twisted minds of indi-
viduals bent on destroying law and order
in our society. We must declare in no
uncertain terms that such attacks are in-
tolerable and that we intend to stand by
and protect the loyal men and women
who serve in these capacities in our gov-
ernment. Existing legislation covers Fed-
eral employees in these capacities, but no
similar provisions cover State and local
officials.
My bill does the following:
First, in any case where an individual
has traveled in interstate commerce or
used any instrumentality of, or facility
for interstate commerce ulth the intent
of assaulting, injuring, or killing such
officials, or where a dangerous or deadly
weapon which has been transported in
interstate commerce is used to commit
the crime. Federal officials would be
able to assist local authorities in in-
vestigating the crime and tracking down
the criminals. The crime would be pun-
ishable under Federal statutes.
Second, in addition, my bill includes
provisions covering conspiracies to kill
or injure police officers, firemen, and ju-
dicial officers.
Furthermore, the bill includes provi-
sions similar to the Lindberg kidnapping
law which creates a presumption that the
assailant has traveled in interstate com-
merce if he has not been captured with-
in 24 hours after the crime was com-
mitted. This helps to assure that very
little delay occurs between the commis-
sion of the crime and the involvement
of the Federal law enforcement authori-
ties.
This bill has the strong support of the
Fraternal Order of Police, the Interna-
tional Conference of Police Associations,
and the International Association of
Firefighters.
The number of police officers killed
has been increasing at a startling rate
in the past few years. In 1961, 37 were
killed. In 1971, 125 killed— about 3'2
times the rate only 10 years before. The
most recent figures available for 1972 in-
dicate that through November, 96 police-
men were killed. In 1970, 100 were killed;
in 1969, 86. Twenty of the 1971 killings
resulted from ambush -type attacks.
Mr. President, how many more police-
men must be killed? How much more evi-
dence do we require of the urgent need
for this legislation?
We must show these loyal public serv-
ants that the U.S. Congress stands solidly
behind them. We can do this by acting on
this legislation making these ruthless
killings a Federal crime and triggering
the full range of Federal law enforce-
ment authority against these senseless
murders.
Mr. President, I ask unanimous con-
sent that the text of this bill be printed
in the Record at this point.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
S. 254
Be it enacted t)y the Senate and House of
Representatives of the United States of
America in Congress assembled. That
(a) Chapter 51 of title 18, United States
Code, is amended by adding at the end
thereof the following new section:
"§ 1116. Assaults on State law enforcement
officers, firemen or Judicial officers
because of their official position
"(a) Whoever travels In Interstate com-
merce or uses any Instrumentality of. or fa-
cility for. interstate commerce, including,
but not limited to the mail, telegraph, radio
or television, in furtherance of —
"(1) a conspiracy, attempt or solicitation
to assault. Injure or kill any law enforce-
ment officer, fireman or judicial officer be-
cause of his official position; or
"(2) a killing. Injuring or assault upon any
law enforcement officer, fireman or Judicial
officer because of his official position:
and who during the course of such travel or
use or thereafter performs or attempts to
perform any other overt act for any purpose
specified in subparagraphs (1) or (2) of
this paragraph; or
"Whoever assaults, injures, or kills or at-
tempts to assault, injure or kill by means of
any dangerous or deadly weapon which has
been transported in interstate commerce, any
law enforcement officer, fireman, or Judicial
officer because of his official position as a
law enforcement officer, fireman, or Judicial
officer: or
"Whoever transports, causes to be trans-
ported, or aids or abets another In transport-
ing, or receives, causes to be received, or aids
or abets another in receiving. In Interstate
commerce or through the use of any Instru-
mentality of or facility for interstate com-
merce any dangerous or deadly weapon with
knowledge that it will be used or with Intent
that It be used to assault. Injure, or kill any
law enforcement officer, fireman, or Judicial
officer because of his official position as a law
enforcement officer, fireman, or Judicial of-
ficer—
"Shall be fined not more than $10,000, or
imprisoned for not more than 10 years, or
both; or if death results, shall be punished
as provided under sections 1111 and 1112 of
this title.
"(b) As used in this section, the term—
"(1) 'dangerous or deadly weapon' in-
cludes any object. Item or device which, when
used as a weapon, \s capable of causing physi-
cal injury or death;
"(2) 'law enforcement oflBcer' means any
officer or employee of any State who is
charged with the enforcement of any crimi-
nal laws of such State;
"(3) 'fireman' means any person serving as
a member of a fire protective service orga-
nized and administered by a State or a
volunteer fire protective service organized
and administered under the laws of a State;
"(4) 'Judicial officer' means any Judge, of-
ficer or other employee of a court of any
State;
"(5) 'interstate commerce' means com-
merce (A) between any State or the District
of Columbia and any place outside ther'»of:
(B) between points within any State or the
District of Columbia, but through any place
outside thereof; or (Cl wholly within the
District of Columbia, the Commonwealth of
Puerto Rico, or any territory or possession of
the United States; and
"(6) 'State' means any State of the United
States, the Commonwealth of Puerto Rico,
any political subdivision of any such State
or Commonwealth, the District of Columbia,
and any territory or possession of the Un'ted
States."
"(c) Whenever a law enforcement officer,
fireman, or judicial officer is willfully killed,
injured or assaulted, while such law enforce-
ment officer, fireman ot Judicial officer is en-
gaged in his official duties, and no person
alleged to have committed such offense has
been apprehended and taken into custody
within twenty-four hours after the commis-
sion of such offense, it shall be presumed in
the absence of proof to the contrary that the
person who committed such offense has
moved or traveled in Interstate of foreign
commerce to avoid prosecution or custody
under the laws of the place at which the
offense was committed.
"(d) This section shall not be construed
to evidence an intent on the part of the
Congress to prevent the exercise by any State
of Jurisdiction over any offense with respect
to which such State would have had Jurisdic-
tion if tills section had not been enacted by
the Congress."
(b) The section analysis of chapter 51 of
title 18 of the United States Code is amended
by adding at the end thereof the following
new item:
"1116. Assaults on State law enforcement of-
ficers, firemen, or Judicial officers
because of their official position."
By Mr. EAGLETON:
S. 255. A bill to repeal certain provi-
sions, which become effective January 1,
1974. of the Food Stamp Act of 1964 and
section 416 of the Agricultural Act of
1949 relating to eligibility to participate
in the food stamp program and the direct
commodity distribution program.
FOOD STAMPS AND SURPLUS FOODS
Mr. EAGLETON. Mr. President. I am
introducing today legislation to restore
to low-income aged, blind, and disabled
persons the eligibility for food stamps
and surplus foods which they are now
scheduled to lose on Januarv- 1, 1974.
Last year, as part of H.R. 1. the
social security amendments of 1972, Con-
gress authorized a new Federal program
of assistance to the aged, blind, and dis-
abled beginning in January 1974.
f46
CONGRESSIONAL RECORD — SEN ATE
January 9, 1973
At th^ same time, it provided that all
[ arsons eligible for assistance under the
r ew supplemental security income pro-
i ram would become ineligible for food
assistance.
I believe this to be a very unwise and
u njustifiable decision and one that should
te reversed by Congress this year.
Although Public Law 92-603 provides
tiat the States may make a cash pay-
r lent to cover the loss of food stamps
\-ith the guarantee that their total costs
for assistance to the aged, blind, and dis-
i bled will not exceed their costs in calen-
c ar 1972, this is not an adequate sub-
•siitute for participation in the food
-tamp or surplus food programs.
First, the cash replacement covered
ty the savings clause is limited to the
I onus value of food stamps as of January
1 972. There has already been one cost-of-
I ving increase in food stamps value since
tnat time and there will be another in-
( rease prior to 1974. Therefore, any cash
replacement of food stamps likely to be
I rovided by a State will be several dollars
\ er month less than the 1974 bonus value
c f food stamps.
Second, there is no guarantee that all
S tates will choose to replace the lost food
stamps with cash. To do so would be to
substitute State funda for what is now
E Federal benefit. While all States would
t e able to do this without exceeding their
1972 adult welfare budgets, a decision not
1 3 do so would almost always result in a
s i\1ng of State funds.
Third, even if every State should take
t le maximum action covered by the sav-
1 igs clause with respect to both supple-
mental benefits and cash replacement
cf food stamps, substantial numbers of
a ged, blind, and disabled persons will still
1 ave incomes below the poverty level
As long as there are food assistance
programs for those with incomes so low
£s to preclude the purchase of a nutri-
t onally adequate diet there can be no
1 ostification for excluding from those
f rograms one group of citizens simply
kecause all or part of their income is
c erived from the supplemental .security
i icome program.
Moreover, their exclusion would re.sult
i 1 gross inequities. For instance, a per-
s on unth a monthly social security benefit
c f $160 might be eligible for food stamps
^ hile a person with a social security ben-
efit of $125 — and therefore eligible for $5
f er month from SSI — would be ineligible.
i imilarly, a low-income person age 64 or
^ ounger would be eligible for food assist-
i nee while a person with the same income
i ge 65 or over would be ineligible.
In recent months the administration
l;as undertaken a commendable effort.
1 nown as Project FIND, to locate and
enroll in food assistance programs some
: 4 million eligible elderly persons. How-
ironic it would be if these new partici-
1 lants in the food stamp and surplus food
lirograms should find their eligibility
( erminated next January.
Mr. President, the issue is clear. Unless
( :ongress takes the action I am proposing
today, 3.3 million needj' aged, blind, and
disabled individuals who are now auto-
matically eligible to participate in the
food stamp or surplus food programs
will, 1 year from now, be automatically
ineligible regardless of whether they then
have more, the same, or less income than
they now have.
Further, it Is estimated that as many
as 3 million persons who do not now re-
ceive public assistance may be eligible for
assistance under SSI. These persons,
many of whom now receive food stamps
or surplus foods, will also become auto-
matically ineligible for food assistance.
The bill I am introducing today would
amend the Food Stamp Act of 1964 auid
section 416 of the Agricultural Act of
1949 so as to repeal that language which
makes ineligible for participation in the
food stamp and surplus food programs
any person eligible for supplemental se-
curity income under title XVI of the
Social Security Act.
I urge early consideration of this meas-
ure so final action may be taken by Con-
gress before the end of the year.
By Mr. HANSEN (for himself and
Mr. McGee) :
S. 256. A bill to construct an Indian
Art and Cultural Center in Riverton.
Wyo., and for other purposes. Referred to
the Committee on Interior and Insular
Affairs.
INDWN ART AND CULTURAL CENTER ACT
Mr. HANSEN. Mr. President, today my
distinguished colleague (Mr. McGee» and
I have the privilege of introducing legis-
lation to establish an Indian Art and Cul-
tural Center on the campus of the Cen-
tral Wyoming College, located within the
Wind River Reservation.
This proposal which was introduced
intially during the 92d Congress has the
full support of the Joint Shoshone and
Arapahoe Business Council. At this time,
I would like to request unanimous con-
sent that a letter of December 27, 1972,
endorsing this project be printed at this
point in the Record.
Mr. President, I would respectfully
urge the early consideration and favor-
able approval of this legislation.
There being no objection, the letter
was ordered to be printed in the Record,
as follows:
Shoshone & Arapahoe Tribes,
Fort Washakie. Wyo.. December 27. 1972.
Hon. Clifford P. Hansen,
U.S. Senate Bldg..
Wastiington, D.C.
Dear Senator Hansen: Thank you for your
letter of December 11, 1972, concerning the
establishment of the Indian Art and Cultural
Center at the Central Wyoming College.
Your letter was read and discussed in the
Joint Business Council meeting on Decem-
ber 20.
It was voted that the Business Council
will continue to endorse the proposal to
establish the Indian Art and Cultural Center
on the campus of the Central Wyoming Col-
lege In Riverton, Wyoming.
Sincerely yours,
Robert N. Harris, Sr.,
Chairman, Shoshone Business Council.
Jesse Miller,
Chairman, Arapahoe Business Council.
By Mr. McGEE (for himself and
Mr. Hansen ) :
S. 257. A bill to provide for the estab-
lishment of a national cemetery in the
State of Wyoming. Referred to the Com-
mittee on Veterans' Affairs.
Mr. HANSEN. Mr. President, recently
my distinguished colleague, Senator
McGee, and I introduced legislation to
establish a national cemetery in our State
of Wyoming.
In considering this legislation I think
we should note the importance of con-
tinuing the tradition of providing na-
tional cemeteries for our men and women
who have served and continue to serve
our Nation.
These individuals give so much of
themselves, and it is only fitting that
this Nation provide our veterans with a
final resting place among others who
have also served their Nation.
Justifiable concern has been expressed
In recent years over the diminishing
space in national cemeteries. It is my
hope that through bills like the one Sen-
ator McGee and I have submitted, Con-
gre.ss can find a solution to this problem
and create a national cemetery in the
State of Wyoming.
The State of Wyoming has a land area
of 98,000 square miles, yet the nearest
national cemetery is located in Colorado;
and it is my hope that the Congress act-
ing on the advice of the Veterans' Affairs
Committee will face up to the national
cemetery problem and in doing so will
enact proper legislation.
By Mr. CHILES (for himself and
Mr. Clark, Mr. Cook, Mr.
CONSIGN, Mr. Hart, Mr. Hat-
field, Mr. Humphrey, Mr.
Mathias, Mr. Metcalf, Mr.
MoNDALE, Mr. Nelson, Mr. Pack-
wood, Mr. Proxmire, Mr. Roth,
Mr. Stafford, Mr. Stevenson,
Mr. TuNNEY. and Mr. Weicker) :
S. 260. A bill to provide that meetings
of Government agencies and of congres-
sional committees shall be open to the
public, and for other purposes. Referred
to the Committee on Government Opera-
tions.
GOVERNMENT IN THE SUNSHINE ACT
Mr. CHILES. Mr. President, I ask
unanimous consent that a copy of the
legislation being introduced and a sec-
tion-by-section analysis be printed in
full at the end of mv statement.
The PRESIDING OFFICER. Without
objection, it is so ordered.
< See exhibits 1 and 2. i
Mr. CHILES. Mr. President, Supreme
Court Justice Louis D. Brandeis once
wrote :
Publicity is Justly commended as a rem-
edy for social and Industrial disease. Sun-
light Is said to be the best disinfectant and
electric light the most efficient policeman.
I believe Justice Brandeis could just
as well have applied these remedies to the
operation of our Government. Demo-
cratic self-government and informed
citizenry just naturally go hand in hand,
making essential the conduct of public
January 9, 1973
CONGRESSIONAL RECORD — SENATE
647
business in the open, "in the sunshine."
Only with such openness can the public
judge and express, through its vote or
voice, whether governmental decisions
are just and fair.
When I first came to the Senate in
1971 1 was very disturbed by the amount
of public business I found being con-
ducted behind closed doors and by the
attitude of secrecy I saw in our Federal
Government agencies. I am not surprised
that people are suspicious of our motives
and are losing confidence in their govern-
ment when they are shut out of the
decisionmaking process.
Near the end of the 92d Congress I in-
troduced a bill. S. 3881, the Federal Gov-
ernment in the Sunshine Act — which
sought to assure the openness of our gov-
ernmental process and to restore public
confidence in those processes.
II sought to do this through a simple
requirement: All meetings of Federal
agencies and congressional committees
shall, subject to certain exemptions, be
open to the public. Citizens would have
the right to attend meetings in which
they had a personal interest, and news
media and other interested groups would
have access which would insure a broad-
er dissemination of information on public
affairs. The proposal provided for open
meetings of all Federal governmental
agencies except the courts and the mili-
tary.
I was pleased to see that legislation
was approved last Congress by a Senate-
House conference of which I was a mem-
ber, which would open up meetings of
the multitude of so-called advisory com-
missions. Our effort to open up govern-
ment to the people should clearly not be
a partisan issue — and the list of Senators
cointroducing the redraft of my bill,
S, 3881, this morning reflects that bi-
partisan support.
I am deeply committed to the idea of
government in the sunshine — but not
wedded to the specific language of S. 3881.
S. 3881 provided for certain exemptions
to the openness requirement, but I knew
these exemptions would have to be fur-
ther specified. I knew, too, that the pro-
cedure for implementation of the sun-
shine law needed to be more specifically
outlined. And so while the redraft we
are introducing this morning retains the
same concepts as S. 3881, it is somewhat
more lengthy: various exemptions from
the open meeting requirement for con-
gressional committees and multimem-
ber administrative agencies have been
made more specific: and committees and
agencies are required to keep transcripts
of all meetings and make such transcripts
publicly available except for the con-
fidential portions falling within one of
the specific exemptions.
Senator Ribicoff, chairman of the Ex-
ecutive Reorganization Subcommittee,
has indicated that hearings will be held
on this proposal early this session. And I
am confident this whole issue will be
completely gone into and thoroughly
studied.
Joining with me in the introduction of
this proposal are Senators Clark, Cook,
Cranston, Hart, Humphrey, Mathias,
Metcalf, Mondale, Nelson, Packwood,
Proxmire, Roth, Stafford, Stevenson,
TuNNEY, and Weicker. As I stressed last
year — I sincerely hope this whole area
will be completely gone into and thor-
oughly studied. And we must start now
to expose our governmental process to
the fullest extent possible. I believe it is
lime to open the doors and windows and
let the disinfecting sunshine in. Our ef-
forts to open up Government to the peo-
ple can only lead to better lawmaking
and greater public confidence in our gov-
ernmental system.
Exhibit 1
S. 260
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled,
SHORT title
Section 1. This Act may be cited as the
"Government in the Sunshine Act".
DECLARATION OF POLICY
Sec. 2. It is hereby declared to be the policy
of the United States that the public is en-
titled to the fullest practicable information
regarding the decision-making processes of
the Federal Government.
DEFINITIONS
Sec. 3. For purposes of this Act —
(1) "National Security" means^
(A) the protection of the United States
against actual or potential attack or other
hostile acts of a foreign power;
(B) the obtaining of foreign intelligence
information deemed essential to the security
of the United States;
(C) the protection of national security in-
formation against foreign Intelligence activi-
ties; or
(D) the protection, to the extent deemed
necessary by the President of the United
States against the overthrow of the Govern-
ment by force; and
(2) "Person" Includes an Individual, part-
nership, corporation, associated governmen-
tal authority, or public or private organiza-
tion.
TITLE I— CONGRESSIONAL PROCEDURES
SENATE COMMITTEE HE;ARING PROCEDTTOE
Sec. 101. (a) The Legislative Reorganiza-
tion Act of 1946 Is amended —
(1 ) by striking out the third sentence of
section 133(b) ;
(2) by striking out subsections (a), (b),
and (f) of section 133A;
(3) by adding after section 133B the fol-
lowing:
"OPEN SENATE COMMITTEE MEETINGS
"Sec. 133C. (a) Each meeting of each
standing, select, or special committee or sub-
committee of the Senate, including meetings
to conduct hearings, shall be open to the
public, provided, that a {xsrtlon or portions
of such meetings may be closed to the pub-
lic If the committee or subcommittee as the
case may be determines by vote of a ma-
jority of the members of the committee pres-
ent that the matters to be discussed or the
testimony to be taken at such portion or
portions —
"(1) will disclose matters necessary to be
kept secret in the Interests of national secu-
rity or the confidential conduct of the for-
eign relations of the United States;
"(2) wUl relate solely to matters of com-
mittee staff personnel or Internal staff man-
agement or procedure;
"(3) will tend to charge with crime or mis-
conduct, or to disgrace. Injure the profes-
sional standing or otherwise expose to public
contempt or obloquy any Individual, or will
represent a clearly unwarranted Invasion of
the privacy of any Individual, provided, that
this subsection shall not apply to any gov-
ernment officer or employee with respect to
his official duties or employment, and, pro-
vided further, that as applied to a witness at
a meeting to conduct a hearing, this sub-
section shall not apply unless the witness
requests in writing that the hearing be
closed to the public;
"(4) will disclose the Identity of any In-
former or law enforcement agent or of any
information relating to the Investigation or
prosecution of a criminal offense that Is re-
quired to be kept secret In the Interests of
effective law enforcement; or
"(5) will disclose Information relating to
the trade secrets or financial or commercial
information pertaining specifically to a given
person where —
"(A) the information nas been obtained
by the Federal Government on a confidential
basis other than through an application by
such person for a specific government finan-
cial or other benefit; and
"(B) Federal statute requires the infor-
mation to be kept confidential by govern-
ment officers and employees; and
"(C) the Information is required to be kept
secret in order to prevent undue Injury to
the competitive position of such person.
A separate vote of the committee shall be
taken with respect to each committee or sub-
committee meeting that Is closed to the
public pursuant to this subsection, and the
committee shall make available within one
day of such meeting, a WTltten explanation
of Its action. The vote of each committee
member participating In each such vote shall
be recorded and published and no proxies
shall be allowed.
"(b) Each standing, select, or special com-
mittee or subcommittee of the Senate shall
make public announcement of the date,
place, and subject matter of each meeting
(whether open or closed to the public) at
leEist one week before such meeting unless
the committee or subcommittee determines
by a vote of the majority of its members that
committee business requires that sjich meet-
ing be called at an earlier dateMn which
case the committee shall make public an-
nouncement of the date, place and subject
matter of such meeting at the earliest prac-
ticable opportunity.
"(c) A complete transcript. Including a list
of all persons attending and their affiliation,
shall be made of each meeting of each stand-
ing, select, or special committee or subcom-
mittee (whether open or closed to the pub-
lic) . Except as provided in subsection (d) of
this section, a copy of each such transcript
shall be made available for public Inspec-
tion within 7 days of each such meeting, and
additional copies of any transcript shall be
furnished to any person at the actual cost
of duplication.
"(d) In the case of meetings closed to the
public pursuant to subsection (a) of this
section, the committee or subcommittee may
delete from the copies of transcripts that are
required to be made avaUable or furnished
to the public pursuant to subsection (c) of
this section, those portions which It deter-
mines by vote of the majority of the commit-
tee or subcommittee consist of materials
specified in paragraph ( 1 ) . ( 2 ) . ( 3 ) . ( 4 ) , or
(5) or subsection (a) of this section. A
separate vote of the committee or subcom-
mittee shall be taken with respect to each
such transcript. The vote of each committee
or subcomittee member participating in each
such vote shall be recorded and published,
and no proxies shall be allowed. In place of
each portion deleted from copies of the
transcript made avaUable to the public, the
committee or subcommittee shall supply a
W8
CONGRESSIONAL RECORD — SENATE
written explanation of why such portion was
deleted, and a summary of the substance of
the deleted portion that does not Itself dis-
close Information specified In paragraphs ( 1) .
(2). (3). (4). (5) of subsection (ai. The
committee or subcommittee shall maintain a
complete copy of the transcript of each meet-
ing (including those portions deleted from
copies made available to the public) for
a period of at least one year after such
meeting.
"(e) A point of order may be raised In
the Senate against any committee vote to
close a meeting to the public pursuant to
subsection (a) of this section, or against
any committee or subcommittee vote to
delete from the publicly available copy a
portion of a meeting transcript pursuant to
subsection id) of this section, by commit-
tee or subcommittee members comprising
one-fourth or more of the total member-
ship of the entire committee or subcom-
mittee, as the case may be. Any such point
of order shall be raised In the Senate with-
in five legislative days after the vote against
which the point of order is raised, and such
point of order shall be a matter of highest
personal privilege. Each such point of order
shall Immediately be referred to a Select
Committee on Meetings consisting of the
President pro tempore, the leader of the
majority party, and the leader of the minor-
ity party. The select committee shall ex-
amine the complete verbatim transcript of
;he meeting In question and shall rule
whether the vote to close the meeting was in
accordance with subsection (a) ot pl((s sec-
tion or whether the vote to delet^'a portion
or portions from publicly available copies of
the meeting transcript was in accordance
with subsection (d) of this section, as the
case may be. The select committee should re-
port to the Senate within five calendar days
(excluding days where the Senate Is not in
session) a resolution containing its findings.
If the Senate adopts a resolution finding
that the committee vote in question was
not In accordance with the r?lev?nt subsec-
tion. It shall direct that there be made
publicly avaUable the entire transcript of
the meeting Improperly closed to the public
or the portion or portions of any meeting
transcript improperly deleted from" the pub-
licly avaUable copy, as the case may be.
••(f) The Select Committee on Meetings
shall not be subject to the provisions of
subsections (a), (b), (c). or (d) of this
section."
(b) Subsection (a) of subsection 242 of
the Legislative Reorganization Act of 1970
is repealed.
(C) Title I of the table of contents of the
Legislative Reorganization Act of 1946 Is
imended by inserting Immediately below item
133B the following:
"Sec. I33C. Open Senate Comjnittee Meet.
Ings.^
Sec 102. Clause 27(f) (2) of Rule XI of the
Rules of the House of Representatives is
amended to read as follows:
■•(2) (A) Each meeting of each standing,
select, or special committee or subcommittee,
including meetings to conduct hearings,
shall be open to the public, provided, that a
portion or portions of such mei Ungs may be
closed to the public if the committee or sub-
committee as the case may be determines by
vote of a majority of the members of the
committee or subcommittee present that the
matter to be discussed or the testimony to
be taken at such portion or portlor.s —
••(1) will probably disclose matters neces-
sary to be kept secret In the Interests of na-
tional security or the confidential conduct of
the foreign relations of the United States;
"(111 -will relate solely to matters of com-
mittee staff personnel or Internal staff man-
agement or procedure:
"(Hi) will tend to charge with crime or
* misconduct, or to disgrace. Injure the pro-
fessional standing or otherwise expose to
public contempt of obloquy any individual,
or will represent a clearly unwarranted in-
vasion of the privacy of any Individual, pro-
vided, that this subsection shall not apply
to any government or officer or employee
with respect to his official duties or employ-
ment, and. provided further, that as applied
to a witness at a meeting to conduct a hear-
ing, this subsection shall not apply unless
the witness requests In writing that the
hearing be closed to the public;
"(Iv) wUl probably disclose the Identity
of any Informer or law enforcement agent or
of any Information relating to the Investi-
gation or prosecution of a criminal offense
that is required to be kept secret In the in-
terests of effective law enforcement; or
••(V) will disclose information relating to
the trade secrets of a financial or commercial
Information pertaining specifically to a given
person where —
"(I) the Information has been obtained
by the Federal Government on a confidential
basis other than through an application by
such person for a specific government, finan-
cial or other benefit;
"(11) Federal statute requires the Infor-
mation to be kept confidential by govern-
ment officers and employees, and
••(III) the Information is required to be
kept secret In order to prevent undue injury
to the campetittve position of such persons.
A separate vote of the committee shall be
taken with respect to each committee or
subcommittee meeting that Is closed to the
public pursuant to this subsection, and the
committee shall make available within one
day of such meeting, a written explanation
of Its action. The vote of each committee
member participating m each such vote shall
be recorded and published and no proxies
shall be allowed.
••(B) Each standing, select, or special com-
mittee or subcommittee shall make public
announcement of the date, place, and sub-
ject matter of each meeting (whether open
or closed to the public) at least one week
before such meeting unless the committee
or subcommittee determines that committee
business requires that such meeting be called
at an earlier date. In which case the com-
mittee shall make public announcement of
the date, place and subject matter of such
meeting at the earliest practicable oppor-
tunity.
■•{O A complete transcript. Including a
list of all persons attending and their affili-
ation, shall be made of each meeting of each
standing, select, or special committee or sub-
committee meeting (whether open or closed
to the public ) . Except as provided In para-
graph (D). a copy of each such transcript
shall be made available for public Inspection
within 7 days of each such meeting, and
additional copies of any transcript shall be
furnished to any person at the actual (xiet
of duplication.
•■(D) In the case of meetings closed to the
public pursuant to subparagraph (A), the
committee or subcommittee may delete from
the copies of transcripts that are required
to be made available or furnished to the
public pursuant to subparagraph (C), por-
tions which it determines by vote of the
majority of the committee or subcommittee
consist of material spfeclfied In clauses (i),
(11). (Hi), (Iv) or (V) of subparagraph (A).
A separate vote of the committee or sub-
committee shall be taken with respect to
each transcript. The vote of each committee
or subcommittee member participating in
each such vote shall be recorded and pub-
lished, and no proxies shall be allowed. In
place of each portion deleted from copies
of the trsmscrlpt made available to the
January 9, 1973
public, the committee shall supply a writ-
ten explanation of why such portion was de-
leted and a summary of the substance of the
deleted portion that does not Itself disclose
information specified In subsections (I) (in
(iU), (iv). or (v) of subsection (a) ' The
committee or subcommittee shall maintain
a complete copy of the transcript of each
meeting (Including those portions deleted
from copies made available to the public)
for a period of at least one year after such
meetings.
"(E) A point of order may be raised against
any committee or subcommittee vote to
close a meeting to the public pursuant to
subparagraph ( A ) . or against any commit-
tee or subcommittee vote to delete from the
publicly available copy a portion of a meet-
ing transcript and pursuant to subparagraph
(D), by committee or subcommittee mem-
bers comprising one fourth or more of the
total membership of the entire committee or
subcommittee. Any such point of order must
be raised before the entire House within 5
legislative days after the vote against which
the point of order is raised, and such point
of order shall be a matter of highest privilege.
Each such point of order shall immediately
be referred to a Select Committee on Meet-
ings consisting of the Speaker of the House
of Representatives, the majority leader, and
the minority leader. The Select Committee
shall report to the House within 5 calendar
days (excluding days where the House is not
in session) a resolution containing its find-
ings. If the House adopts a resolution finding
that the committee vote in question was not
in accordance with the relevant subsection,
it shall direct that there be made publicly
available the entire transcript of the meeting
Improperly closed to the public or the portion
or portions of any meeting transcript im-
properly deleted from the publicly available
copy.
••(F) The Select Committee on Meetings
shall not be subject to the provisions of sub-
paragraphs (A), (B), (C),or (D).
CONFFRENCE COMMITTEES
Sec. 103. The Legislative Reorganization
Act of 1946 is amended — by Inserting after
section 133(c). as added by section 101(3)
of this Act the following new section :
OPEN CONFERENCE COMMITTEE MEETINGS
"Sec. 133D. (a) Each meeting of a commit-
tee of conference shall be open to the public,
provided, that a portion or portions of such
meetings may be closed to the public if the
committee determines by vote of a majority
of the members of the committee present
that the matters to be discussed or the testi-
mony to be taken at such portion or por-
tions—
" ( 1 ) will disclose matters necessary to be
kept secret in the Interests of national se-
curity or the confidential conduct of the
foreign relations of the United States:
"(2) will relate solely to matters of com-
mittee staff personnel or Internal staff man-
agement or procedure;
"(3) will tend to charge with crime or
misconduct, or to disgrace, injure the pro-
fessional standing or otherwise expose to
public contempt or obloquy any individual,
or will represent a clearly unwarranted In-
vasion of the privacy of any Individual : Pro-
trided, That this subsection shall not apply
to any government or officer or employee
with respect to his official duties or employ-
ment: And, provided further, That as applied
to a witness at a meeting to conduct a
hearing, this subsection shall not apply un-
less the witness requests in writing that the
hearing be closed to the public;
"(4) will disclose the Identity of any in-
former or law enforcement agent or of any
Information relating to the investigation or
prosecution of a criminal offense that is re-
Januarij 9, 1973
CONGRESSIONAL RECORD — SENATE
W9
quired to be kept secret In the Interests of
effective law enforcement; or
■•(5) will disclose information relating to
the trade secrets or financial or commercial
information pertaining specifically to a given
person where —
••(A) the Information has been obtained
bv the Federal Government on a confidential
basis other than through an application by
such person for a specific government, finan-
cial or other benefit;
•■(B) Federal statute requires the Infor-
mation to be kept confidential by govern-
ment officers and employees; and
"(0) the Information Is required to be
kept secret In order to prevent undue injury
to the competitive position of such persons;
A separate vote of the committee shall be
taken with respect to each meeting that Is
closed to the public pursuant to this sub-
section, and the committee shall make avail-
able within one day of such meeting, a
written explanation of its action. The vote
of each committee member participating in
each such vote shall be recorded and pub-
lished and no proxies shall be allowed.
"(bi Each committee of conference shall
make public announcement of the date, place
and subject matter of such meeting at the
earliest practicable opportunity.
■■(c) A complete transcript, including a list
of all persons attending and their affiliation,
shall be made of each meeting of each com-
mittee cf conference c.vhether open or closed
to the public) . Except as provided in su'osec-
tion (d) of this section, a copy of each such
iraiiicript shuil be made available for public
iaspecticn within 7 days of each such meet-
mg, and additional ciples cf any transcript
shall be furnished tj any person at the actual
cost of duplication.
"(d) In the case of meetings closed to the
pu'olic pursuant to subsection (a) of this
section, the committee of conference ir.ay de-
lete from the copies of transcripts that r.re re-
quired to be made available or furnished to
the public pursuant to subsection (c) of this
section, those portions which it determines
by vote of the majority of the committee con-
sist of mortals specified in paragraphs ( 1 ) .
(2). (3). (^) . or (5) of subsection (a) of this
section. A separate vote of the <x>mmittee
shall be taken with respect to each such
transcript. The vote of each committee mem-
ber participating in each such vote shall be
recorded and published, and no proxies shall
be allowed. In plac2 of each portion deleted
from copies of the transcript made available
to the public, the committee shall supply
a written explanation of why such portion
was deleted, and a summary of the substance
of the deleted portion that does not Itself
disclose Information specified in paragraphs
(1). (2). (3), (4), or (5) of subsection (a) of
this section. The committee shall maintain
a complete copy of the transcript of each
meeting (including those portions deleted
from copies made available to the public) for
a period of at least one year after such mest-
ing.
"(e) A point of order may be raised against
any conamlttee vote of a committee of con-
ference to close a meeting to the public pur-
suant to subsection (a) of this section or any
committee vote to delete from the publicly
available copy a portion of a meeting trans-
cript pursuant to subsection (d) of this sec-
tion by committee members comprising one
fourth or more of the total membership of
the entire committee. Any such point of or-
der shall be raised In either House within
5 legislative days after the vote against which
the point of order Is raised, and such point of
order shall be a matter of highest personal
privilege. Each such point of order shall im-
mediately be referred to a Select Conference
Committee on Meetings consisting of the
CXIX 42— Part 1
President pro tempore of the Senate, the
Speaker of the House of Representatives, and
the Majority and Minority Leaders from each
House. The Select Comhilttee shall examine
the complete verbatim transcript of the
meeting In question and shall rule whether
the vote to close the meeting was in accord-
ance with subsection (a) of this section or
whether the vote to delete a portion or por-
tions from publicly available copies of the
meeting transcript was In accordance with
subsection (d) of this section, as the case
may be. The Select Committee reports to
both Houses a concurrent resolution within
5 calendar days (excluding days where either
House is not in session) a resolution con-
taining its findings. If both Houses adopt
such a resolution finding that the commit-
tee vote in question was not in accordance
with the relevant subsection, they shall di-
rect that there be made publicly available
the entire transcript of the meeting im-
properly closed to the public or the portion
or portions of any meeting transcript Im-
properly deleted from the publicly avail-
able copy, as the case may be.
"(fi The Select Conference Committee on
Meetings shall not be subject to the provi-
sions of subsections (a), (b), (c), or (d) of
this section."
(b) Title I of the table of contents of the
Legislative Reorganization Act of 1946 Is
amanded by Inserting Immediately below
Item 133G. as added by section 101(c) of this
Act. the following:
"Sec. 133D. Open conference committee
meetings."
TITLE II— AGENCY PROCEDURES
Sec. 201. (a) This section applies, accord-
ing to the provisions thereof, to any agency,
as defined in section 551 ( 1 ) of title 5. United
States Code, where the body comprising the
agency consists of two or more members. Ex-
cept as provided in subsection (b). all meet-
ings ( Including meetings to conduct hear-
ings) of such agencies at which official ac-
tion Is considered or discussed shall be open
to the public.
(b) Subsec. (a) shall not apply to any por-
tion or portions of an agency meeting where
the agency determines by vote of a majority
of its entire membership —
( 1 ) will probably disclose matters neces-
sary to be kept secret In the Interests of
national security or the confidential conduct
of the foreign relations of the United States;
(2) will relate solely to individual agency
personnel or to Internal agency office man-
agement and procedures or financial audit-
ing;
(3) win tend to charge with crime or mis-
conduct, or to disgrace. Injure the profes-
sional standing or otherwise expose to public
contempt of obloquy any Individual, or wUl
represent a clearly unwarranted invasion of
the privacy of any Individual, provided, that
this subsection shall not apply to any gov-
ernment or officer or employee with respect
to his official duties or employment, and,
provided further, that as applied to a witness
at a meeting to conduct a hearing, this sub-
section shall not apply unless the witness
requests in writing that the hearing be closed
to the public;
"(4) will probably disclose the Identity of
of any Informer or law enforcement agent or
of any information relating to the Investi-
gation or prosecution of a criminal offense
that Is required to be kept secret in the In-
terests of effective law enforcement;
"(5) will disclose information relating to
the trade secrets or financial or commercial
Information pertaining specifically to a given
person where
"(A) the Information has been obtained by
the Federal Government on a confidential
basis other than through an application by
such person for a specific government finan-
cial or other benefit; and
••(B) Federal statute requires the informa-
tion to be kept confidential by government
officers and employees, and
"(C) the information Is required to be
kept secret in order to prevent undue Injury
to the competitive position of such persons.
(6) will relate to the conduct or disposi-
tion (but not the initiation of a case of ad-
judication governed by the provisions of the
first paragraph of Section 5S4(a) of Title 5.
United States Code, or of Subsections d).
(2). (4). (5). or (6) thereof. A separate vote
of the agency members shall be taken with
respect to each agency meeting that is closed
to the public pursuant to this Subsection.
The vote of each agency member partici-
pating in such vote shall be recorded and
published and no proxies shall be allowed In
the case of any closing of portions of a meet-
ing to the public pursuant to this Subsec-
tion, the agency shall promptly publish an
explanation of Its action.
(c) Each agency shall make public an-
nouncement of the date, place, and subject
matter of each meeting at which official ac-
tion is considered or discussed (whether open
or closed to the public) at least one week
before each meeting unless the agency de-
termines by a vote of the majority of Its
members that agency business requires that
such meetings be called at an earlier date, in
which case the agency shall make public an-
nouncement of the date, place, and subject
matter of such meeting at the earliest prac-
ticable opportunity.
(d) A complete transcript. Including a list
of all persons attending and their affiliations,
shall be made of each meeting of each agency
at which official action is considered or dis-
cussed (whether open or closed to the pub-
lic). Except as provided In subsection (e) of
this section a copy of each such meeting
shall be made available to the public for In-
spection, and additional copies of any tran-
script shall be furnished to any person at the
actual cost of duplication.
(e) In the case of meetings closed to the
public pursuant to subsection (b) of this
section, the agency may delete from the
copies of transcripts made available or fur-
nished to the public pursuant to subsection
(d) of this section those portions, which the
agency determines by vote of a majority of
Its membership consists of materials speci-
fied In paragraphs (1), (2), (3), (4), or (5)
of subsection (b) of this section. A separate
vote of the agency shall be taken with re-
spect to each transcript. The vote of each
agency member participating In such vote
shall be recorded and published, and no
proxies shall be allowed. In place of each
portion deleted from copies of the meeting
transcript made available to the public, the
agency shall supply a written explanation of
why such portion was deleted and a sum-
mary of the substance of the deleted portion
that does not Itself disclose Information
specified In paragraphs (1). (2), (3), (4). or
(5) of subsection (a) . The agency shall main-
tain a complete verbatim copy of the tran-
script of each meeting (Including those por-
tions deleted from copies made available to
the public) for a period of at least two years
after such meeting.
(f) Each agency subject to the require-
ments of this section shall, within 180 days
after the enactment of this Act. following
published notice In the Federal Register of
at least 30 days and opportunity for written
comment by interested persons, promulgate
regulations to Implement the requirements
of subsections (a) through (e) Inclusive of
this section. Any citizen or person resident
m the United States may bring a proceeding
In the United States Court of Appeals for
the District of Columbia Circuit —
650
CONGRESSIONAL RECORD — SENATE
January 9, 1973
( 1 ) to require an agency to promulgate
such regulations if such agency has pot
promulgated such regulations within the
time period specified herein; or
(2i to set aside agency regulations Issued
pursuant to this subsection that are not In
accord with the requirements of subsections
(a) through (e) of this section Inclusive, and
to require the promulgation of regulations
that are In accord with such subsections.
(g) The district courts of the Umted
States shall have Jurisdiction to enforce the
requirements of subsections la) through (e)
Inclusive of this section by declaratory judg-
ment. Injunctive relief, or otherwise. Such
ictions may be brought by any citizen or
person resident in the United States. Such
ictlons shall be brought in the district
ftherein the plaintiff resides, or has his prin-
:lpal place of business, or where the agency
In question has its headquarters. In deciding
such cases the court may examine any por-
tion of a meeting transcript that was deleted
from the publicly available copy. Among
3ther forms of equitable relief, the court
nay require that any portion of a meeting
transcript improperly deleted from the pub-
Icly available copy be made publicly avail-
able for inspection and copying, and, having
lue regard for orderly administration and
the public interest, may set aside any agency
ictlon taken or discussed at an agency meet-
ng Improperly closed to the public.
(hi In any action brought pursuant to
subsection (f ) or (gi of this section, costs of
litigation (Including reasonable attorney's
ind expert witness fees i may be apportioned
;o the original parties or their successors In
nterest whenever the court determines such
iward Is appropriate.
(i) The agencies subject to the require-
ments of this section shall annually report to
-ongress regarding their compliance with
such requirements, including a tabulation of
the total number of agency meetings open to
the public, the total number of meetings
;losed to the public, the reasons for closing
;uch meetings, and a description oT any liti-
gation brought against the agency under this
section.
Sec. 202. (ai Title 5 of the United States
Oode is amended by adding after section
>57 the following:
i 557a. Ex parte communications in agency
proceeding
This section applies, according to the pro-
.isions thereof, to the following proceed-
ngs—
"(1) any proceeding to which section 557
a) of this Title applies;
"(2) any rule-making proceeding with re-
spect to which an agency is required by sec-
tion 553 of this Title to afford public notice
ind opportunity for participation by Inter-
!sted persons, provided, that for purposes of
his section the exemption from such re-
julrements in section 553(a)(2) of matters
■elating to public property, loans, grants,
jeneflts or contracts shall not be effective; or
"(3) any proceeding t(^ptepare an envlron-
nental impact statement required by section
.02(2) (c) of the National Environmental
»ollcy Act
"(b) In any agency proceeding which Is
iubject to subsection (a) of this section, ex-
:ept to the extent recjulred for the dlsposl-
rlon of ex parte matters as authorized by
aw —
"(1) no Interested person (Including mem-
)ers or employees of other government agen-
cies) shall make or cause to be made to any
nember of the agency In question, hearing
examiner or employee who Is or may be in-
volved In the decisional process of said pro-
ceeding, an ex parte communication rele-
vant to the events of the proceeding.
"(2) no member of the agency In question
learlng examiner or employee who Is or may
be Involved In the decisional process of such
proceeding, shall make or cause to be made
to an Interested person an ex parte communi-
cation relevant to the merits of the proceed-
ing.
"(3) a member of the agency In question,
hearing examiner or employee who Is or may
be Involved In the decisional process of said
proceeding, who receives a communication In
violation of this subsection shall place In the
public record of the proceeding —
"(A) written material submitted In viola-
tion of this subsection: or
"(B) memoranda stating the substance of
all oral communications submitted In viola-
tion of this subsection; or
"(C) responses to the materials described
in subparagraphs (A) and (B) of this sub-
section.
"(4) upon receipt of a communication In
violation of this subsection from a party to
any proceeding to which this section applies,
the hearing examiner or employee presiding
at the hearings may, to the extent consistent
with the Interests of Justice and the policy of
the underlying statutes, require the persons
or party to show cause why his claim or In-
terest In the proceeding should not be dis-
cussed, denied, disregarded, or otherwise ad-
versely affected by virtue of such violation;
and
(5) The prohibitions of this subsection
shall apply at such time as the agency shall
designate, having due regard for the public
interest in open decisionmaking by agencies,
but In no case shall they apply later than
the time at which a proceeding Is noticed
for hearing or opportunity for participation
by interested persons unless the person re-
sponsible for the communication has knowl-
edge that It win be noticed, in which case
said prohibition shall apply at the time of
his acquisition of such knowledge.
"(c) Each agency subject to the require-
ments of this section shall, within 180 days
after the enactment of this section, following
published notice In the Federal Register of
at least 30 days and opportunity for written
comment by Interested persons, promulgate
regulations to Implement the requirements
of Subsection (b) of this section. Any citi-
zen or person resident In the United States
may bring a proceeding In the U.S. Court of
Appeals for the District of Columbia Cir-
cuit—
" ( 1 ) to require any agency to promulgate
such regulations If such agency has not
promulgated such regulations within the
time period specified herein;
"(2) to set aside agency regulations Issued
pursuant to this Subsection that are not In
accord with the requirements of subsection
(b) of this section;
and to require the promulgation of regula-
tions that are In accord with such subsec-
tion,
"(d) The district courts of the United
States shall have Jurisdiction to enforce the
requirements of subsection (b) of this sec-
tion by declaratory Judgment, Injunctive re-
Ufe, or otherwise. Such action may be
brought by any citizen of or person resident
in the United States. Such actions shall be
brought in the district wherein the plaintiff
resides or has his principal place of business
or where the agency In question has Its head-
quarters. Where a person other than an
agency, agency member, hearing examiner or
employee Is alleged to have participated In a
violation of the requirements of subsection
(b) of this section such person may, but need
not be Joined with the agency as a party
defendant; for purposes of Joining such per-
son as a party defendant, service may be had
.on such person In any district. Among other
forms of equitable relief, the court may re-
quire that any ex parte communication
made or received In violation of the require-
ments of subsection (b) of this section be
published, and, having due regard for or-
derly administration and the public Interest,
may set aside any agency action taken in a
proceeding with respect to which the viola-
tion occurred.
"(e) In any action brought pursuant to
subsection (c) or (d) of this subsection, cost
of litigation (Including reasonable attorney's
and expert witness fees) may be apportioned
to the original parties or their successors In
Interest whenever the court determines such
award Is appropriate."
Sec. 203. This title and the amendments
made by this title do not authorize with-
holding of information or limit the avail-
ability of records to the public except as
provided in this title. This title Is not to be
construed as authority to withhold informa-
tion from Congress.
Exhibit 2
Section-by-Section Analysis of the Fed-
eral "Government in the Sunshine Act"
Section 1: Provides that the Act may b«
cited as the "Government In the Sunshine
Act."
Section 2 : Declares it to be the policy of the
United States that the public is entitled to
the fullest practicable disclosure concern-
ing the decision making processes of the
Federal government.
Section 3: Defines the terms "national se-
curity" and "person" for purposes of the Act.
Title 1 : Concerns the hearing and meeting
procedures of congressional committees.
Section 101: Amend the Legislative Reor-
ganization Act of 1946 as applicable to the
Senate to establish a basic norm of open
meetings by all committees unless a major-
ity of the committee determines on a re-
corded vote that the matters to be considered
or discussed at the meeting will fall within
the following narrowly defined exemptions:
National security or confidential conduct
of foreign relations;
Internal committee staff personnel or man-
agement matters;
Defamation of an individual other than
a government officer or employee with re-
spect to his employment (except that in the
case of a witness at a hearing, the hearing
can be closed only If he requests that It be
closed) ;
The Identity of Informers or enforcement
agents or similar sensitive Information vital
to law enforcement;
Information relating to trade secrets or fi-
nancial Information that has been obtained
by the Federal government on a confidential
basis; Information required to be kept secret
by federal statute; and information the dis-
closure of which would Injure a person's com-
petitive position.
This section would rather provide that
committees must normally give 7 days public
notice of all meetings; that a complete
transcript of each meeting should be pre-
pared and made available to the public fo.
Inspection and copying; there may be deleted
from the publicly available version of the
transcript portions which the committee de-
termines fall within the exemptions spe-
cified above.
This section further provides that a point
of order against a committee vote to close a
hearing or delete a portion from the trans-
cript available to the public may be raised
by V4 of the members of the committee
present. The point of order would be a mat-
ter of highest privilege and would be refer-
red to a Select Committee on Meetings, con-
sisting of the President Pro Tempore and the
majority and minority leaders. Their findings
as to whether the secrecy was Justified or not
Januanj 9, 1973
CONGRESSIONAL RECORD — SENATE
651
would be subject to vote of the entire Senate.
If It were determined that a meeting or por-
tion thereof had been Improperly kept secret,
the transcript of the meeting or portion
would be made publicly available.
Section 102: Would impose Identical re-
quirements concerning open meetings on
House committees. The Select Committee on
Meetmgs would consist of the Speaker and
the majority and minority leaders.
Section 103: Would impose the same open
meeting requirements on conference com-
mittees. A Select Conference Committee on
Meetings consisting of the Speaker, the
President Pro Tempore, and the majority and
minority leaders from each House would
initially rule on points of order raised against
closed meetings or deletions from the pub-
licly available transcript of a meeting.
Section 104: Provide that no court would
have jurisdiction to review any of the votes
or rulings pursuant to the above require-
ments unless a person's constitutional rights
were Infringed.
Title 2: Concerns the decision making
process of the administrative agencies l:i
the Federal government.
Section 201: Provides that meetings of all
multi-member federal agencies at which of-
ficial action is considered or discussed must
normally be open to the public. Such meet-
ings could be closed to the public only If
the agency determines by a majority of its
entire membership that the matters to be
discussed fall within one of the specific ex-
emjjtions applicable in the case of Congres-
sional committee meetings; or that the meet-
ing would deal with a case of adjudication
where the agency is acting In an essentially
judicial capacity. The agency would normal-
ly be required to give 7 days public notice
of all meetings, to make a complete tran-
script of all meetings, and to make avail-
able to the public for Inspection and copying
the tran.scrlpt of each meeting. Portions of
the meeting transcript consisting of confi-
dential matters falling within the exemp-
tions specified above could be deleted from
the copy made available to the public.
In addition, each agency subject to the
above requirements would be required to
publish implementing regulations and an-
nually report to Congress on their com-
pliance with the open meeting requirements.
The section would further provide that any
person could bring a court action to chal-
lenge the agency's implementing regulations
or its decision In a particular Instance to
close a meeting or delete material from the
publicly available transcript. The court
would In such suits require that matters
Improperly kept secret be publicly disclosed,
and could in Its discretion set aside agency
action taken or discussed at meetings Im-
properly kept secret and also award at-
torney's fee to either party to the law-
suit.
Section 202 : Would apply to all federal ad-
ministrative agencies with respect to the fol-
lowing types of proceedings:
Any case of agency adjudication or rule
making on the record which under the Ad-
ministrative Procedure Act is subject to a re-
quirement of trial-type procedures;
Any agency rule making proceedings with
respect to which the agency Is required by
the Administrative Procedure Act to afford
public notice and opportunity for comment
by interested persons;
Any proceeding to prepare an environ-
mental Impact statement required under the
National Environmental EoUcy Act.
The section deals with any ex parte (out-
side) communications between an interested
person and a member or employee of the
agency In such proceedings, and the agency
would be required to publish any such ex
parte communications on the public record.
The prohibition against ex parte communi-
cations would become effective at such time
as the agency might designate, but In no
event later than the time the proceeding In
question was publicly noticed or the time
that a party to the communication became
aware that the proceeding would be so
noticed.
Each agency subject to the requirements
of the section would be required to promul-
gate Implementing regulations.
Any person could bring a court action to
review the implementing regulations or any
alleged improper ex parte communication.
The court could require that any Improper
ex parte communication be made public, and
could use its discretion to set aside agency
action taken in a proceeding with respect to
which the Improper communication oc-
curred, and to award attorney's fees to either
party.
Section 203 : F>rovides that the provisions of
Title 2 do not authorize withholding of in-
formation from the public and are not au-
thority to withhold Information from Con-
gress.
The redrafted version of the Federal "Gov-
ernment in the Sunshine Act," while some-
what more lengthy than the first version, S.
3881, retains Its essential purposes. The vari-
ous exemptions from the open meeting re-
quirement for congressional committees and
multi-membsr administrative agencies have
been made more specific. In addition, con-
gressional committees and administrative
agencies are required to keep transcripts of
all meetings and make such transcripts pub-
licly available except for confidential por-
tions falling within one of the specific ex-
emptions.
In the case of meetings by congressional
committees, the redrafted version of the Act
provides an enforcement mechanism for cases
where a meeting Is claimed to have been im-
properly closed. One fourth of the members
of a committee can challenge the closing of
a meeting by raising a point of order which
must promptly be referred to a Select Com-
mittee on Meetings, consisting of the legis-
lative leadership, for a ruling. The commit-
tees' ruling would be subject to the vote of
the entire body.
The redrafted version of the Act also ap-
plies the open meeting requirement to con-
ference committees.
As applied to administrative agencies, the
open meeting requirement could be enforced
by any person in a court action.
The redrafted version of the Act also con-
tains an additional requirement, applicable
to all federal agencies, that would prohibit
all ex parte communications In cases of rule
making or adjudication by the agency or the
proceedings to prepare an Environmental
Impact statement pursuant to the National
Environmental Policy Act. This requirement
which could be enforced by court action by
any person, would further advance the goal
of open government decision making by pro-
hibiting off the record pressures on agencies
by Interested outside parties.
Mr. ROTH. Mr. Presi(dent. I am very
pleased to join the junior Senator from
Florida in cosponsoring the "Government
in the Sunshine Act." Senator Chiles is
doing this country a fine public semce
in offering this legislation for considera-
tion and debate.
I want to point out that this effort is
entirely complementary with the resolu-
tion that Senator Humphrey and I will
introduce later this week to create a new
Senate rule requiring committee meet-
ings be open to the public except when
a majority of the committee vote to
close the meeting for national security
reasons or because the reputation of an
individual is involved. I feel that if we
first put our owti House in order, we will
be in a much better position to press for
the more general antisecrecy legislation
embodied in the "Government in the
Sunshine Act."
I am cosponsoring "Government in the
Sunshine Act," not because it represents
the whole response to the problem of
governmental secrecy, but because it is
important to have hearings on a range
of different kinds of legislation dealing
with both executive and legislative se-
crecy and with the processes of Govern-
ment as well as Government documents.
I am looking forward to participating
with Senator Chiles and with our other
colleagues on the Committee on Govern-
ment Operations in studying and debat-
ing this antisecrecy legislation. I certain-
ly hope that our committee work on this
legislation will be "in the sunshine."
Mr. STAFFORD. Mr. President, I am
pleased to be included as one of the orig-
inal cosponsors of the legislation that
has been introduced by the Senator from
Florida (Mr. Chiles'. For some time I
have been concerned over the growing
evidence of declining public confidence in
Government, politicians, and politics.
I think one of the major reasons the
public is suspicious about Government
and politics, particularly at the national
level, is that so much of our activity
takes place away from public view. For
that reason, I am pleased to join as a
sponsor of legislation that would require
all meetings of Federal agencies and con-
gressional committees be open to the pub-
lic, with only certain limited exceptions.
This measure would permit the public to
assume its rightful role as a full working
partner in the operations of its Govern-
ment.
Too much of our activity is carried on
in shadows that block the view of the
public, but which build the suspicion of
the public. I think we should eliminate
those shadows with the bright light of
public disclosure.
I intend, later in this session, to re-
introduce the Open Government Act.
which would require full and complete
financial disclosure of all lobbying ac-
tivities related to the Congress. And. I
hope to have the opportunity to give my
support once again to legislation that
would require full and public disclosure
of the financial status of Members of
Congress and their senior staff members.
Each of these measures is designed to
open up Government and politics to pub-
lic view and I am delighted that the Sen-
ator from Florida, Mr. Chiles, is pressing
ahead with his legislation.
By Mr. MUSKIE 'for himself, Mr.
Baker. Mr. Brock, Mr. Chiles,
Mr. GuRNEV. and Mr. Metcalf* :
S. 261. A bill to amend the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970 to pro-
vide for minimum Federal payments
for 4 additional years, and for other pur-
poses. Referred to the Committee on Gov-
errmient Operations.
UNIFORM RELOCATION ACT AMENDMENTS
Mr. MUSKIE. Mr. President, with Sen-
ators Baker. Brock. Chiles, Gurney. and
>52
CONGRESSIONAL RECORD — SENATE
bIetcalf. I introduce legislation to amend
he Uniform Relocation Assistance and
leal Property Acquisition Act of 1970.
The Uniform Relocation Act of 1970. a
najor legislative step toward providing
air and equitable treatment of persons
orced to move from their homes or busi-
nesses by federally assisted projects,
)rovided that the Federal Government
nake full payment of the first S25,000 per
lisplacee until July 1, 1972. However,
ince that date, State and local govem-
nents have been required to participate
n the cost of relocation payments pre-
: cribed by the act to the same degree that
hey share in other project costs.
The bill I am introducing t<xlay would
( ontinue until July 1. 1976 — full Federal
unding of the first $25,000 in relocation
■osts per individual displacee.
Without this legislation, cities across
he countr>' will face a new and substan-
lal financial burden in fiscal 1973. In
my home State of Maine, for example,
he city of Portland anticipates having
o come up with $335,000 in local funds
0 pay its share of relocation costs. The
( ity of Banpor projects that its fiscal
973 obligation for relocation costs will
iie in e.xcess of $87,000 in local funds. The
cities of Lewiston, Westbrook. and Wa-
lerville expect that they will have to pay
: 235,000 in local shares for relocation
( osts. Across the country, local govern-
ments will have to find as much as $125
million diu-ing fiscal 1973 to meet their
lelocation obligations.
The legislation I submit today is
i ientical to that agreed upon by a House-
5 enate conference committer during the
Unal days of the 92d Congress. Although
the conference report was agreed to by
I oth House and Senate conferees, neither
\ ody was able to act before adjournment.
' 'he Congress now has the responsibility
to complete this important unfinished
I usiness.
Congress passed the Uniform Reloca-
ton Act of 1970 to provide fair and equi-
table treatment for persons displaced by
iederally assisted projects. It is now
i.ecp.s.sary for us to provide the Federal
£ .^sistance necessary to assure the imple-
nentation of that objective.
Mr. GURNEY. Mr. President, in join-
i ig as a cosponsor of S°"it<-r Mti'^kie's
I roposal to aftend the Uniform R^loca-
tion Act as recommended by the la.st
Congress" conference committee on S.
1819, I would like to emphasize the need
far prompt action on this legislation.
I loth the Senate and the Hou.se have
1 eld full hearings on this legislation:
toth the Senate and the House have ap-
proved their respective companion bills;
a nd both the Senate and House conferees
^ave agreed on the compromise version
r ow being introduced. Therefore. I urge
t lat this legislation be handled as ex-
reditiously as possible.
Perhaps the best explanation of the
r eed for promptness is to look as a spe-
c flic example of the effect of delay on just
one urban renewal project in my home
State of Florida. The following two let-
t !rs, the first written to me by the chair-
n an of the urban renewal agency "of the
c ty of Palatka, Fla.. and the second
w ritten to that agency from the Depart-
ment of Housing and Urban Develop-
ment, are self-explanatory.
I ask unanimous consent that the let-
ters be printed at this point in the
Record.
Tijiere being no objection, the letters
were ordered to be printed in the Record.
ks follows:
j Urbak Renewal Agency,
' Palatka. Fla.. December 29, 1972.
Hom Edward J. Gttrney,
US. Senate.
Washington, DC.
Dear Senator Gurnet: As yo\i are aware.
S. 1819. a bill to amend the Uniform Relo-
cation Act of 1970, was not passed by the
Congress even though the conferees of the
House of Representatives and the Senate
had agreed \ipon compromise legislation.
This has had a most unfavorable effect
upon the Urban Renewal program of the
City of Palatka. At this point, there Is
pending a capital grant of about $3,250,000
for the City of Palatka to undertake an
urban renewal project, number R-36. The
project planning Is completed, and we are
ready to undertake this worthwhile project.
Local funding Is contingent, however, on
the successful passage of this bill. To make
the relocation costs a part of the project
costs would add about $250,000 to the City's
overall project cost. Since the crty has al-
ready arranged to spend about $680,000 in
either cash or non cash local contributions,
this additional cost would add an impossible
burden which the City could not afford.
Now. to get to the heart of the crisis which
faces- us, we have received several extensions
of time for the submission of an acceptable
Part II of our Urban Renewal application.
By letter of November 2. 1972 to our mayor,
copy attached. Mr. Forrest Howell has gU'en
us until February 28. 1973 to reach a satis-
factory solution to our problem. Beyond
that date, the project will be terminated.
In summary then, we are faced with the
loss of a very worthwhile project if the re-
location bill Is not passed and signed Into
law prior to February 28, 1973, or a way
Is not found to keep our project In the sur-
vey and planning stage beyond that date
until S. 1819 can be passed and put Into
effect.
We sincerely appreciate j'our past support
for this project. The people of the City
.of Palatka have indicated their overwhelm-
ing support for this project. Please help us
by working to secure the prompt passage
of this legislation as soon as possible after
the new Congress convenes.
Very truly yours.
I John D. Arrincton, Jr..
I Chairman.
Department of Housing and
Urban Development,
Jacksonville. Fla., November 2, 1972.
Subject: Urban Renewal Project R-36 (Part
I) Extension of Time for Submission of
Part II of Urban Renewal Application.
Hon. EfCENE L. Walker,
Mayor. City of Palatka,
Palatka. Fla.
Dear Mayor Walker: This Is to advise that
we will concur In the extension of time from
November 7. 1972 to February 28, 1973 for the
submission on an acceptable Part II Applica-
tion for the subject Urban Renewal project.
Under the present policy of Community
Development, it is not permlssable for any
Urban Renewal project to remain in survey
and planning bayond the period of February
28. 1973.
If a solution has not been reached by Feb-
ruary 28, 1973, It will be necessary to termi-
nate this project.
Sincerely,
Forrest W. Howell,
Area Director.
January 9, 1973
Mr. GURNEY. Mr. President, the
plight of the Palatka Urban Renewal
Agency is but one example of what could
happen to many worthwhile projects
throughout the Nation if action on this
legislation is further delayed. I urge the
most expeditious possible passage of this
urgently needed legislation.
By Mr. ALLEN (for himself and
Mr. Sparkman) :
S. 262. A bill to provide for the estab-
lishment of the Tuskegee Institute Na-
tional Historical Park, and for other
purposes. Referred to the Committee on
Interior and Insular Affairs.
establishment of tuskegee institute
national historical park
Mr. ALLEN. Mr. President, I send to
the desk on behalf of my distinguished
senior colleague (Mr. Sparkman* and
myself a bill to provide for the establish-
ment of the Tuskegee Institute National
Historical Park and for other purposes.
During the 92d Congress, on June 1,
1972, Mr. Sparkman and I introduced an
identical bill (S. 3662 >. S. 3662 was re-
ferred to the Committee on Interior and
Insular Affairs, and the hearing on the
bill was held by the Subcommittee on
Parks and Recreation, at which the able
and distingtushed senior Senator from
Nevada (Mr. Bible) presided. Such hear-
ing was held on Wednesday. September
27, 1972, and a 41 page report of such
hearing was printed. There seems to be
no opposition to the bill and, in fact, it
seems that the establishment of the Tus-
kegee Institute National Historical Park
would be entirely in line with President
Nixon's February 1971 directive to the
Interior Department and its National
Park Service to take action to refresh the
interest of all Americans in their histori-
cal and cultural heritages.
Under the National Historic Sites Act
of 1935, the Secretary of the Interior may
enter into cooperative agreements with
public or private agencies for the preser-
vation and interpretation of historical
areas in non-Federal ownership. Under
such an agreement, the national signifi-
cance of Tuskegee Institute has already
been attested to by its designation as a
national historic landmark. Yet this
h.onor has brought with it no funds for
historic preservation or interpretation.
Tuskegee Institute was established in
1881. Its founder was Booker T. Washing-
ton who put into practice a progfam of
industrial and vocational education to
ameliorate the economic condition of the
Negro.
In its second decade, Tuskegee ac-
quired a teacher who would become as
famous as its founder, George Washing-
ton Carver came to Tuskegee in 1896 to
take charge of an agricultural experi-
ment station to be rim in connection with
the school's agricultural department.
Here Carver carried out his noted work
in agricultural science imtil his death in
1943.
Unlike that of many historic places, the
significance of Tuskegee Institute does
not lie only in the past. It is an ongoing
institution.
Continuity at Tuskegee is evidenced
physically by the campus, 13 buildings of
which date from the early decades of the
January 9, 197S
CONGRESSIONAL RECORD — SENATE
653
school. Included are the home of Booker
T, Washington and student-built dormi-
tories and structures housing class-
rooms, industrial educational facilities,
and administrative oflRces. The continued
use by students, faculty, and staff of
many of these buildings is the best form
of historic preservation and "living his-
toid." and is entirely in keeping with this
proposal for National Park Service in-
volvement at Tuskegee Institute. The
Booker T. Washington Monument, a
symbolic statue by Charles Keck; the
Carver Museum, with exhibits pertain-
ing to Carver's work; and the graves of
Washington and Carver further reflect
Tuskegee 's past.
Other significant historic resources at
Tuskegee are the Booker T. Washington
and the Negro history collections. Since
1889 the institute has collected, pre-
served, and disseminated information on
the Negro in America and Africa. Photo-
graphs, letters and documents, manu-
scripts, rare books, reports, and other
materials are made available to scholars
visiting from this Nation and abroad.
Since funds for staffing and preservation
have not kept pace with the growth of
these resources, it is hoped that means
may be found to inventory, house, and
administer the collections in a manner
befitting their importance.
Apart from its historical values.
Tuskegee has become noted worldwide
for its creative and practical approaches
to the solution of basic problems of man-
kind. The institute presents a program
from which emanates a spirit many peo-
ple desire to experience. In many im-
portant ways, this is a national shrine
of international repute.
Tu.?kegee Institute serves comprehen-
sively. Though it is a fully accredited
university of distinction, it maintains a
commitment to serve the disadvantaged.
To develop a national historical park
here, therefore, is to serve the "man
lowest down" as well as educators of the
highest order.
This bill envisions the National Park
Service playing three roles in partnership
with Tuskegee Institute :
First. It will participate in a rational
program of preservation-commemoration
and modem development carried out by
relevant public agencies and private
groups. In addition to the institute and
the Service, such agencies and groups
may include the city of Tuskegee, the De-
partment of Health, Education, and Wel-
fare, the Department of Housing and
Urban Development — through the local
Model Cities program — and private phi-
lanthropy.
Second. It will develop and operate
those historic and commemorative fea-
tures that fall within its capabilities and
authorities. Service attention would focus
on a new George Washington Carver
Visitor Center and Museum, "The
Oaks"— the home of Booker T. Washing-
ton—and the Vamer-Alexander house,
an antebellum mansion adjacent to the
campus illustrative of the "Old South."
Third. It will offer technical advice and
assistance and such fundo as may be pro-
vided for the preservation and restora-
tion of such other buildings as may be
designated historic.
The national park system now con-
tains no sites whose primary value lies in
illustrating the story of education in
America. The significant role of black
Americans in our history is the principal
theme at three areas administered by the
National Park Service; the Frederick
Douglass Home in Washington, D.C..
Booker T. Washington National Monu-
ment in Virginia, and George Washing-
ton Carver National Monument in Mis-
souri. Yet none of these sites are fully
illustrative of the achievements of the
men they honor. Douglass's home being
his residence in later life and the Wash-
ington and Carver monuments their
birthplaces. One place that above all
others demonstrates black achieve-
ment— and achievement in the important
now unrepresented theme of education —
is Tuskegee Institute.
The national significance of Tuskegee
Institute has been attested to by its des-
ignation as a National Historic Land-
mark. Yet this honor has brought with
it no funds for historic preservation or
interpretation. Tuskegee is a privately
supported functioning educational in-
stitution, and suffers the same difficulties
in fimdraising as any private institution.
Money must be spent for education.
Meanwhile, the history here is gradually
being lost. Old buildings are harder to
maintain. People have forgotten the place
where the first brickyard and limiber-
mill were; they do not know what the
campus looked like when Booker T,
Washington had been here 10 years; they
will never know, perhaps, that three U.S.
Pre^idents have visited Tuskegee In-
stitute. Those who do know or who can
remember are becoming fewer. Old areas
of the campus are being torn up for new
construction. The institute is forced to
use most of Booker T. Washington's
home for offices.
There is a danger that little will be left
in 8 years when Tuskegee Institute will
celebrate its 100th anniversary as a force
in the lives of Negro people — and as a na-
tional heritage for all Americans.
With downtown renewal being planned
by the city of Tuskegee under its model
cities program, the building where
Booker T. Washington's wife founded the
first "Mothers' Club" and Booker T.
Washington himself established a night
school for adults — local examples of Tus-
kegee Institute's earliest outreach pro-
grams— will be demolished unless funds
to preserve them can be obtained. This
and other community sites — like that of
the railroad station where President Mc-
Kinley's train arrived when he visited
Tuskegee Institute — will be lost.
Because there is no center where vis-
itors may come to see exhibit.s — and no
money to develop them — that depict the
early days when Tuskegee Institute and
the community shared experiences, the
fact of the sharing is being lost. There is
no place pointing out that the largest
VA hospital for Negroes — now inte-
grated— is adjacent to. and was initiated
by, Tu'^kegee Institute. No center tells
that the first Air Force traininn base for
Negroes was established on this campus.
Specific components to be developed
and maintained by the National Park
Service in connection with Tuskegee Na-
tional Historical Park are:
The George Washington Carver Visitor
Center and Museum.
"The Oaks," home of Booker T. Wash-
ington.
The Varner-Alexander House.
With action by the Congress, the pres-
ervation and interpretation of historic
Tuskegee Institute by the National Park
Service could soon begin. In 9 years,
much of the work of site identification,
preservation and restoration, interpreta-
tive planning, and construction of a vis-
itor center would be done in time for a
centennial celebration. Perhaps then an-
other President of the United States will
visit Tuskegee to dedicate another Na-
tional Park Service facility established to
commemorate our American heritage.
My distinguished senior colleague i Mr.
Sparkman I and I are hopeful that the
bill will be approved by the Senate at an
early date.
By Mr. MOSS (for him.self and
Mr. Hansen ) :
S. 263. A bill to establish mining and
mineral research centers, to promote a
more adequate national program of min-
ing and minerals research, to supplement
the act of December 31, 1970, and for
other purposes. Referred to the Commit-
tee on Interior and Insular Affairs.
-MINING AND MINERALS RESEARCH ACT OF 19J3
Mr. MOSS. Mr. President, in order to
solve many of our environmental prob-
lems we need Federal Government par-
ticipation in the form of grants and
appropriations to aid in research and
development and increase our techno-
logical skills including scientific solu-
tions to energy substitutes and better
mined land reclamation techniques.
The Nation has become painfully
aware of our deteriorating environment.
The mining industry is also aware of
many of the environmental problems as-
sociated with the extraction of minerals,
and has, in many instances, developed
practical solutions for dealing with them.
But, as further environmental improve-
ment is sought, the technical difficulties
and the cost of gaining each new incre-
ment of quality, greatly increases the
costs of operation and may make the
difference between feasibility and in-
feasibility m a mines economic picture.
In Senate report (No. 91-390) on the
National Mining and Minerals Policy Act
(Public Law 91-631 > , it was stated:
Research can be particularly beneficial In
assisting the mining Industry to cope with
the many new requirements that our In-
creased concern over environmental quality
placed upon mine operators. The Federal
Government should engage in lont-ranpe re-
search programs which will provide the tech-
nology necessary for private Industry to Im-
plement practices designed to improve the
quality ol our environment. It should es-
tablish and maintain policies and programs
which supply the needed trained specialists,
and publish and disseminate data and tech-
nical Information relevant to environmental
quality matters, r
A bill embodyini^ these concepts and
providing funds to tax supported schools
throughout the country for science and
engineering research was introduced by
the distinguished Senator from Colorado.
Gordon Allott, in the 92d Congress as
S. 635. After the lengthy conference, the
conference report was accepted by both
bodies in October of 1972. The bill un-
i54
ortunately was pocket vetoed by the
: 'resident.
The bill before the Senate Interior
Committee had the bipartisan support of
hat committee.
I offer to the Senate on behalf of my-
; elf and my good friend from Wyoming,
senator Hansen, who shares my con-
( em. a new bill embodying the concepts
(if S. 635 to establish mining and mineral-
: esearch centers, to promote a more ade-
<iuate national program of mining and
1 ninerals research and to supplement the
;.ct of December 31, 1970.
CONGRESSIONAL RECORD — SENATE
January 9, 1973
By Mr. JACKSON (for himself,
Mr. Bellmon, Mr. Bennett, Mr.
Church, Mr. Dominick, Mr.
Fannin. Mr. Gravel, Mr. Gur-
NEY. Mr. Hatfield. Mr. Hum-
phrey, Mr. Inouye, Mr. Magnu-
soN. Mr. Metcalf, Mr. Moss, Mr.
Pastore. Mr. Randolph, Mr.
RiBicoFF. Mr. Stevens, Mr.
Taft. and Mr. Tunneyi:
S. 268. A bill to establish a national
land use policy, to authorize the Secre-
1 ary of the Interior to make grants to
assist the States to develop and imple-
inent State land use programs, to co-
(irdinate Federal programs and policies
ihich have a land use impact, to co-
(irdinate planning and management of
federal lands and planning and man-
agement of adjacent non-Federal lands,
and to establish an Office of Land Use
: 'olicy Administration in the Department
III the Interior, and for other purposes.
:ieferred to the Committee on Interior
md Insular Affairs.
1 AND t'SE POLICY AND PLANNING ASSISTANCE
ACT OF 1973
Mr. JACKSON. Mr. Pre.'^ident, I Intro-
luce for myself and several of my col-
ieagues Land Use Policy and Planning
Assistance Act of 1973, a bill to assist
1 he States to develop land use programs
or critical areas and uses of more than
ocal concern.
This measure would provide Federal
echnical and financial assistance to the
States to encourage the development of
letter information, institutions, proce-
I lures, and methods for land use plan-
ling and management so as to remedy
he increasingly evident inadequacies
n much of today's land use decision-
1 naking. The States would be encouraged
o strengthen the land use decisionmak-
ng authority and capacity of local gov-
ernments and to develop, in full part-
ler.ship with those governments, land
ise programs concerning land use
iecisions which have impacts way be-
ond the localities' jurisdictions. The
measure also provides important new
iuthority designed to improve coordina-
ion between the public lands planning
efforts of the Federal Government and
;he planning activities of State and local
governments.
Mr. President, this measure was first
ntroduced by me in January of 1970.
\fter 4 days of hearings, the Senate
Committee on Interior and Insular Af-
airs reported the proposal in December
Df 1970. As no floor action was taken in
he 91st Congress, I again introduced
he proposal early in 1971. The admin-
istration also proposed a similar meas-
ure which was featured In the President's
1971 and 1972 environmental messages
to Congress. Ten days of hearings were
held on the Land Use Policy and Plan-
ning Assistance Act in the Senate dur-
ing the 92d Congress, four by the Inte-
rior Committee and three each by the
Commerce and the Banking, Housing
and Urban Affairs Committees. After
numerous executive sessions and consul-
tations with the National Governors'
Conference, the League of Cities-Confer-
ence of Mayors, representatives of in-
dustry, and environmental groups, the
Interior Committee again reported the
Land Use Policy and Planning Assistance
Act. On September 19, 1972, after con-
sidering and accepting several excellent
amendments offered or endorsed by my
distinguished colleagues, Mr. Bayh, Mr.
BOGGS, Mr. Buckley, Mr. Cooper, Mr.
Fannin, Mr. Hansen. Mr. Randolph, Mr.
Sparkman, Mr. Talmadge, and Mr. Tun-
NEY, the Senate passed the act by a vote
of 60 to 18.
As is well known, I was and remain
opposed to two successful amendments
striking the sanctions from the act and
reducing the funding by two-thirds.
Several amendments proposed by Mr.
MusKiE which were not adopted did raise
significant issues which deserve further
scrutiny. Therefore, although the pro-
posal 1* introduce today is virtually iden-
tical to the Senate-passed measure, the
committee will hold hearincs early in
February where these issues and the
critical questions of funding and sanc-
tions can be fully explored.
Mr. President, the Land Use Policy and
Planning Assistance Act is a realistic and
widely favored proposal. It has received
the endorsement of the administration,
the National Governor's Conference,
nearly 30 individual Governors, the Na-
tional Association of Counties, the League
of Cities-Conference of Mayors, all of
the major environmental organizations,
many users of the land — industry, forest
products representatives, farm groups,
and water resource associations — and
such prestigious and varied publications
as Business Week, the New York Times,
the Wall Street Journal, both the Wash-
ington Post and Star, the Boston Globe,
the St. Louis Post-Dispatch, the Chris-
tian Science Monitor, and the Minneapo-
Us Star. The need for land use policy
legislation has been identified by the
Douglas Commission, the Kerner Com-
mission, the Kaiser Committee, and the
Advisory Commission on Intergovern-
mental Relations. Congress recognizes
and must respond to this need.
The Land Use Policy and Planning As-
sistance Act of 1972 is of critical impor-
tance if this Nation is to meet the in-
creasing pressures of industrialization,
technological advances, population
growth, and rapid urbHnizntion. and to
attain our economic, social, and environ-
mental goals. As land use increasingly
becomes the focal point for conflicts over
national. State, and regional goals, pub-
lic officials and private citziens alike
view with dismay the chaotic, ad hoc,
short-term, crisis-by-crisis, case-by-case
land use decisionmaking employed all too
frequently today.
Sobering statistics suggest that, unless
our land use decisionmaking processes
are vastly improved at all levels of gov-
ernment— local. State, and Federal— the
United States will be unable to meet the
emerging land use crisis. Over the next
30 years, the pressures upon our finite
land resource will result in the dedica-
tion of an additional 18 million acres or
28,000 square miles of undeveloped
land to urban use. Urban sprawl will
consume an area of land approximately
equal to all the urbanized land now
within the 228 standard metropolitan
statistical areas — the equivalent of the
total area of the States of New Hamp-
shire, Vermont. Massachusetts, and
Rhode Island. Each decade, new urban
growth will absorb an area greater than
the entire State of New Jersey. The
equivalent of 2^2 times the Oakland-
San Francisco metropohtan region
must be built each year to meet the
Nation's housing goals. In the next two
decades, one industry alone — the energy
industry — will require vast areas of land:
New high-voltage transmission lines will
consume 3 mUlion acres of new rights-of-
way, whUe at least 225 new major gener-
ating stations will require hundreds of
thousands of acres of prime industrial
sites.
In short, between now and the year
2000, we must build again all that we
have built before. We must build as many
homes, schools, and hospitals in the next
three decades as we built in the pervious
three centuries. In the past, many land
use decisions were the exclusive prov-
ince of those whose interests were sel-
fish, short-term and private. In the fu-
ture— in the face of immense pressures
on our limited land resource — these land
use decisions must be long-term and pub-
lic.
These and other statistics made it
strikingly evident that, to avoid a na-
tional land use crisis and to advance a
design calculated to meet, without dic-
tating, national goals, values, and re-
quirements, we must enact legislation to
assist State and local governments to im-
prove their land use planning and man-
agement capability. This view is shared
by the administration, jthe National Gov-
ernors Conference anfl many individual
Governors, and almqpt all of the wit-
nesses who appeared) before the Senate
Interior Committee in the last 3 years.
Russell Train. Chairman of the Council
on Environmental Quality, stated:
It Is a matter of urgency that we develop
more effective nationwide land use policies
and regulations . . . Land use Is the single
most Important element affecting the quality
of our environment which remains substan-
tially unaddressed as a matter of national
policy. Land Is our most valuable resource.
There will never be any more of It.
Not only is land finite, but unlike air,
v", ater. and many minerals and materials,
land too often cannot be ' recycled."
Mountains carved by strip mines, wet-
hnds dredged and filled, or streams
cxi.:nneli/ed frequently cannot be re-
turned to tlieir former use or beauty.
Land, once committed to a use today,
be it social, economic, or environmental,
may be unable to support uses which our
children will find preferable in the fu-
ture. As President Nixon noted in a let-
Januanj 9, 1973
CONGRESSIONAL RECORD — SENATE
655
ter to me — Congressional Record,
volume 118, part 23, pages 30694-30695:
As a Nation we have taken our land re-
sources for granted too long. We have allowed
lU-planned or unwise development practices
to destroy the beauty and productivity of our
American earth . . . The country needs this
(legislation) urgently.
Future land use decisionmaking, how-
ever, should serve more than environ-
mental values alone. It should not be
viewed as mission-oriented either in the
narrow sense of fostering a specific set
of functional activities or in the larger
sense of pursuing exclusively a specific
goal, be it protecting the environment,
improving social services, or increasing
economic benefits. Rather, it must bal-
ance competing environmental, eco-
nomic, and social requirements and
values to avoid the costly mistakes of
both thoughtless, precipitate develop-
ment and unwarranted, dilatory opposi-
tion to beneficial development.
Many of the most crucial problems and
conflicts facing all levels of government
in the areas of protection of environmen-
tal quality, siting of energy facilities and
industrial plants, design of transporta-
tion systems, provision of recreational
opportunities, and development of nat-
ural resources are the direct result of
past failures to anticipate public require-
ments for land and to plan for its use.
The economic loss, the delays, the re-
.source misallocations, and the social and
environmental costs which this failure
to plan has cost the Nation are in large
measure unnecessary expenses which
could have been avoided had appropri-
ate planning been undertaken earlier.
The adoption of the Land Use Policy
and Planning Assistance Act of 1973 and
a good faith effort by the States to exer-
cise responsibility for the planning and
management of land use activities which
are 'of more than local concern will
greatly reduce needless conflicts, will
avoid misallocations of scarce resources,
will save public and private funds, will
insure that public facilities and utilities —
powerplants, highways, airports, and
recreational areas — are available when
needed, and will improve State-Federal
relations in all areas of mutual concern.
The Land Use Policy and Planning As-
sistance Act of 1973 contains the best
features of my previous land use policy
measures, the administration's proposal,
and the many recommendations received
during the 3 years of committee dehbera-
tions. It contains as well significant
amendments adopted on the fioor of the
Senate prior to its passage.
The central purpose of the proposal is
to provide Federal technical and finan-
cial assistance to the States to encourage
them to exercise States' rights and im-
prove their knov.iedge, institutions, pro-
cedures and methods for land use plan-
ning and management. The measure also
provides important new authority de-
signed to improve coordination between
the planning efforts of the Federal Gov-
ernment and State governments.
The grant-in-aid program to the
States, was reduced by amendment on
the floor from $800 million over 8 years to
$170 million over 5 years. The grant
funds cover up to ^6 2 3 percent of the
cost of developing the State land use pro-
grams for the first 2 years and 50 per-
cent of the cost thereafter — reduced from
90 percent for 5 years and 6623 percent
thereafter by amendment.
The State is required to develop a
statewide planning process within 3
years. The process must include a data
and infoi-mation base, adequate fund-
ing, competent staff, and an appropriate
agency to coordinate planning at the
State level.
The State is then required to develop,
within 5 years of enactment, a laiid-use
program which focuses on four categories
of critical areas and use:, of more than
local concern. These areas and uses are
considered to be of State interest because
decisions concerning them have impacts
on citizens, the environment, and the
economy totally out of proportion to the
jurisdiction and the interests of the local
zoning body or land-use regulatory en-
tity. These four categories of areas and
uses of more than local concern are:
First, areas of critical environmental
concern — for example, beaches, flood
plains, wetlands, historic areas: second,
key facilities — for example, major air-
ports, highway interchanges and front-
age access highways, recreational lands
and facilities, and facilities for the devel-
opment, generation and transmission of
energy; third, development and land use
of regional benefit; and fourth, large-
scale development — for example, major
subdivisions or industrial parks.
I wish to make clear that the act does
not contemplate sweeping changes in
the traditional responsibilty of local
government for land-use management.
Decisions of local concern will continue to
be made by local government. How,.^ver,
for land-use decisions which would liave
significant impacts beyond the jurisdic-
tion of the local public or private deci-
sionmakers, the act provides for wider
public participation and review by the
State, as representative of the large con-
stituency affected by those decisions.
The procedure for, and the nature of.
State involvement in land-use decisions
are left largely to the determination of
the individual States. Two alternative but
not mutually exclusive techniques of im-
plementation of State land-use programs
are given: Local implementation pursu-
ant to State guidelines and direct State
planning. However, the act contains lan-
guage endorsed by the League of Cities-
Conference of Mayors which expresses a
preference for the former alternative.
The more innovative State land-use
laws of recent years support this local
governments-State Government partner-
ship. The authority of local govern-
ments— the level of Government closest
to the people — to conduct land-use plan-
ning and management is in fact bolstered
in the great majority of laws of some
40 States concerning areas and uses of
more than local concern — wetlands,
coastal zone, flood plain, powerplant sit-
ing, open space, and strip mining laws.
The localities are encouraged to employ
fully their land use controls. State ad-
ministrative review is provided only in
accordance with flexible State guidelines
relating only to those decisions on areas
and uses that are of clearly more than
local concern. And even should disap-
proval of a local government action re-
sult from such a review. State preemp-
tion of the decisionmaking authority
would not necessarily occur: rather, in
most cases, the local government would
be provided full opportunity to take any
of numerous actions which would comply
with the State's guidelines.
The proposal would not preclude direct
State impJementation through State
land-use planning and regulation. Ha-
waii and Vermont have already enacted
legislation which in part calls for such
direct State implementation. Other
States are directly engaged in land-u.se
planning for unincorporated areas. How-
ever, embodied in the measure is the ex-
pectation that direct State implementa-
tion, preempting local land-use planning
controls, will continue to be the excep-
tion rather than become the rule and
that that joint local-State government
land use decisionmaking and implemen-
tation will prevail.
Another point which should be em-
phasized is that the Federal review of
State land-use programs is to focus not
on the substance of each program, but on
whether each State has authority to de-
velop and implement its program and
whether it is making good faith efforts to
do so. This is in keeping with the pro-
posal's purpose to encourage better and
effective land use decisionmaking at the
State and local levels, and not to provide
substantial new land use decisionmaking
authority on the Federal level.
Guidehnes for the act are to be
promulgated through an interagency
process with the principal responsibility
of formulating those guidelines re.sid-
ing in the Executive Office of the Presi-
dent. As the proposal provides for a
grant-in-aid program of major dimen-
sions which requires administration by
line agency personnel, daily administra-
tive responsibility is given to the Depart-
ment of the Interior. To insure the ab-
sence of the mission-oriented bias of any
existing office or bureau in the admin-
istration of the proposal, the proposal
creates a new Office of Land Use Policy
Administration within the Department,
.separate from any such office or bureau.
Certainly, the land use impacts of Fed-
eral and federally assisted programs
exert the most profound influences upon
local. State, and National land use pat-
terns. Yet these programs either have
conflicting land use implications or the
Federal officials administering them are
not full cognizant of their land-use im-
pact. My proposal requires the Federal
Government to "put its own house in
order" at the same time that it asks the
States to do likewise. The Secretary of
the Interior is directed to consult with
heads of other agencies and to form a
national advisory board on land-use pol-
icy to provide interagency communica-
tion concerning the land u-se impacts of
and policies embodied in Federal and
federally assisted programs.
The act also encourages coordinated
planning and management of Federal
lands and adjacent non-Federal lands.
Both the Federal Government and the
State and local governments are required
to provide for compatible land uses on
(56
CONGRESSIONAL RECORD — SENATE
January 9, 1973
idjoining lands under their respective
, urisdictions. In addition, short-term ad
IOC joint Federal-State committees,
:omposed of representatives of affected
!'ederal agencies. State agencies, local
governments, and user groups, may be
established by the Secretary of the In-
erior to study general or specific con-
licts between uses of Federal lands and
ises of adjacent non-Federal lands. The
secretary is directed to resolve such
I lonflicts or, where he lacks the requisite
; luthority, to recommend legislative solu-
ions to Congress.
Finally, what is this measure's relation-
: hip to, other land use legislation which
may be introduced this Congress? Ap-
1 )roximately 200 land-use policy bills were
1 ef erred to 13 committees in the 92d
Congress. The most important of these
ueasures were ; tiie public lands, the siir-
ace mining, the powerplant siting, and
he coastal 7one management proposals,
/■irtually all of these bills focused on in-
I lividual uses or areas of critical concern
iind more than local significance, and
rncouraged the States to assume a de-
1 ;ree of control over them. In addition,
he Cohgress is giving increasing atten-
ion to national growth policy, in general,
1 ,nd v^ious aspects of growth policy such
i IS ruri I revitalization. In relation to the
myriad of land use and growth policy
( onsiderations and legislative proposals
%hich Congress may consider, the Land
Jse Policy and Planning Assistance Act
s e.xpected to serve as an umbrella meas-
>ire or an "enabling act" which would
( ncourage the States to develop the fi-
nancial, institutional, and human re-
; ources, and require of the States legis-
lation to establish the necessary ma-
( hinei-y and procedures, to insure that,
:irst. the States will be receptive to any
(f those considerations or proposals
' V hich become law, and second, the many
planning tasks which such laws will re-
( uiie will be conducted effectively and
not in isolation one from another.
Mr. President, the chaotic land use de-
( isionrriaking of today will insure an un-
.'ightlyj unproductive, and unrewarding
Imd resource for future generations of
Americans. To avoid this unfortunate
t omorrow. we must improve our land use
i>clicy. procedures, and institutions. I
( ommehd the Land Use Policy and Plan-
ning Assistance Act of 1973 to the Sen-
iXe as,^he best vehicle to achieve this
improviiment.
Mr. i*resident, I ask unanimous con-
.'ent to place in the Record an updated
leview of the purpose and background of
the Land Use Policy and Plannin?? As-
; ista'ice Act which I submitted for the
ItEcoRDilast year prior to Senate pa,ssage
( f the Act and the full text of the pro-
; osal. ^
Ther; being no objective, the review
: nd biU ordered to be printed in the
Uecord[ as follows:
1 lEviEW OF Purpose and Background of the
Land tJsE Policy and Planning Assistance
Act '
This review is divided into two sections:
1. A brief review of the hlston,' of govem-
I lent Involvement In land use planning and
f n outUne of the basic legal authority in-
•olved; and
2. A discussion of what the bill does not
c o and a discussion of what the bill does do.
1. The police power of the respective States
is an Inherent power of government to take
such actions as are necessary and Constitu-
tionally permissible to protect public health,
safety and welfare.
2. The power to plan for and to regulate
land use derives from the police powers of
the Individual States.
3. The Federal government has no police
power to regulate lands within a State which
are privately owned or owned by the State.
Only the State has Constitutional authority
to control and regulate these lands.
4. The Federal government does have po-
lice power authority as well as express Con-
stitutional authority to regulate the use of
the public lands.
5. The States have exercised land use con-
trols for hundreds of years in one form or
another. It was only in the early part of the
20th Century, however, that the Stat^ began
to do so In a broad and general way. This
came with the adoption of model State laws
which generally delegated zoning authority —
a part of the State's Inherent police powers —
to units of local government. The purpose
of these delegations of police power author-
ity to counties, cities and other units of
local government was to enable them to de-
velop master plans, to zone for permissible
uses, and to establish local planning bodies.
6. The development of land use planning
and local zoning was In response to very
real land use problems and conflicts which
had costly, wasteful, and undesirable Impacts
upon the public;
Dirty industrial activities would develop
in the middle of residential communities;
Unsightly and aesthetically offensive de-
velopments— slaughterhouses, tanneries, etc.,
would drive down the value of adjacent
business and residential property;
Business activities thought by many to
be undesirable If not closely regulated — tav-
erns, movie theatres, dance halls, night-
clubs— would be located near schools,
churches or In quiet residential areas.
Land use planning and the exercise of
zoning authority were designed to deal with
these and other problems of a purely local
nature.
7. Prior to the development of a statutory
framework for land use planning and con-
trols the remedies available to Injured parties
were litigation in the courts based upon the
Inadequate common law doctrines of
"nuisance" and "trespass."
8. Today, the growing litigation over land
use questions at all levels of government —
power plant siting, location of heavy Indus-
try, projects such as the trans-Alaska pipe-
line, etc. — indicate land use problems are no
longer entirely local In scope and that the
planning concepts of the 1920's are no longer
adequate to the changing public values and
increasingly complex problems of the 1970's.
9. Today, after a half of a century of ex-
perience, many public officials and "citizens
feel that traditional zoning concepts and
practices leave a great deal of room for Im-
provement. The Act recognizes this, but
"does not require . . . radical or sweeping
changes m the traditional relationship and
re^^ponsibillty of local government for land
vise management." (Committee Report No.
92-839) The Act does not propose Federal
zoning as It Is both unconstitutional and
unwise. Nor does it propose "statewide
zoning" or "comprehensive mr.ster planning"
which would only produce costly, dilatory,
duplicative and often Inflexible regulation
of the vast majority of land use problems
that are of concern. Interest and knowledge
only to the local units of government.
10. Instead, the Act encourages a continual
"process of planning" wherein the right of
local government to e.xerclse land use powers
is reasserted on all land use decisions and
the State government Is asked to Join In
partnership with local government on land
use decisions of more than local concern
both governments acting in response to the
decisions of state and local legislative bodies
on substantive Issues and with full citizen
participation.
11. In the Act, the State governments are
encouraged to assist localities with guidelines
for local planning or through cooperative
planning only on those land use questions
which are of more than local concern which
go beyond the boundaries of only one locality
aiid have an Impact upon a number of local
units of government and which determine
the shape of the future environment — deci-
sions concerning highways, airports, and
mass transit systems; major power plants
and transmission corridors, areas to be pre-
served or closely regulated (environmental
areas, flood plains) and areas for intense de-
velopment (housing complexes or industrial
parks ) .
12. The trend in most States today is to
reverse the process begun in the 1920s of
delegating all land use planning authority to
units of local government. Increasingly
States are selectively assuming an important
role with respect to land use problems which
are of more than local concern sucli as power
plant siting, location of industrial parks, and
the protection of park, beach, coastal or
estuarlne areas. Over 40 States now have laws
regulating one or more critical areas or uses
of more than local concern. The Act en-
courages this trend toward active State
responsibility and the elevation of land use
decisions of more than local concern to the
level of government — county, regional or
State — most appropriately suited to decide
the question in view of all legitimate values
and interests.
B. what the act does and does not do
The act does not ds any of the following:
1. Does not mandate, require, or allow
"Federal planning" or "Federal zoning."
The zoning power is based on the State's
police power and the Federal government
does not have authority to zone State cr
privately owned lands (with the exception of
the District of Columbia which Is a special
and unique case).
2. Does not substitute Federal authority
or review of State and local decisions on the
use of State and local lands. The Act is an
"enabling act" which encourages the State
to exercise "States' rights" and develop land
use programs. Consistent with the enabling
act concept, the Federal government is grant-
ed very little authority to review the sub-
stance of State land use programs.
3. Does not provide inflexible Federal stand-
ards which require strict State compliance.
Specific Federal substantive requirements are
lU-advlsed because they do not reflect the
rich diversity of the States; they are invari-
ably the lowest common denominator: States
and local governments know best their own
land use problems and their possible solu-
tions: and the Federal zoning which such
standards would create is plainly undesirable.
4. Does not require comprehensive State
planning over all its land. The State land use
program is definitely not to be a comprehen-
sive statewide program which preempts the
myriad of local decisions, but rather one
focused on four categories of critical areas
and uses of clearly more than local concern.
5. Does not mandate State soning. rather
reasserts local zoning powers. The States are
encouraged to develop their programs not by
zoning or by producing a master plan, but
by reasserting the whole range of local gov-
ernments' land use authority, and providing
guidelines for the exercise of that authority.
For example, a S'^ate would not. could not,
make a basic zoning decision such as on
which corner shall the gas station be. but it
would have a duty to provide guidelines for
local decisionmaking to insure, for example,
that one community does not site a massive
Janmrij 9, 1973
CONGRESSIONAL RECORD — SENATE
657
industrial park directly adjacent to another
conununity's recreational park or wildlife
refuge.
6. Not only does not impinge upon or alter
the traditional land use responsibilities of
urban government, but also does not focus
on urban lands. Unlike traditional urban and
housing planning legislation, this Act does
not focus on only one category of land: the
intensely developed land. The act encourages
a balanced and rational planning process for
all categories of land, including the so-called
"opportunity areas" — tliose areas where mis-
takes have not already been made or irre-
versible actions already taken — i.e.. the rural
areas and areas on the urban periphery,
7. Does not tell a State how much or what
specific land must be Included in the State
land use program. The extent of and type of
land use to be included in the four critical
areas and uses is dependent upon on how
the State defines those four areas or uses. e.g..
is a shoreline 100 feet wide or a mile? does
large scale development Include a subdivision
of 20 units or 200?
8 Does not alter any landowner's rights to
seek Judicial redress for what he regards as
a "taking." The provisions of the Act do not
change the body of law — Federal and State
constitutions, statutes and Judicial de-
cisions— regarding the police powers and
eminent domain. Any State or local restric-
tion of property rights sufficient enough to
constitute a "taking" still would require fair
compensation.
The act does do the following :
1. Does require States to exercise "State's
rights' and State responsibility over those
land use planning and policy decisons which
are of "more than local concern" and which
provide the framework upon which the shape
of the future is determined.
2. Does require State governments to de-
velop a process of planning and a State land
use program which is "balanced"; that Is. a
program which protects the environment and
assures recreational opportunity, but at the
same time provides for necessary social serv-
ices and essential economic activities — for
transportation facilities, reliable energy sys-
tems, housing, and residential development.
3. Does contain provisions which Insure its
compatibility with the HUD 701 planning
program, with the Clean Air and Water Pol-
lution Control Acts, with other Federal leg-
islation, and with the Coastal Zone Manage-
ment law enacted last year.
4. Does provide State government with
funds — $170 million over five years — to de-
velop State land use data inventories, to
Improve the size and ccmpetence of profes-
sional staff, and to establish an appropriate
State planning agency.
p. Does provide the States with wide lati-
tude in determining the method of imple-
menting the Act — reassertion of all local land
use powers with State administrative review
under State guidelines such as in most State
coastal zone, wetlands, flood plain and power
plant siting laws, or the rare instance of di-
rect State planning, as In Hawaii or Ver-
mont, or the unincorporated areas of Alaska.
An amendment added to the measure last
year and endorsed by the League of Cities
clearly established an intent that "selection
of methods of implementation shall be made
so as to encourage the employment of land
use controls by local governments."
6. Does endorse the concept that local land
use decisions should be made by local govern-
ment: "The Act does not require or con-
template radical or sweeping changes in the
traditional relationship and responsibility of
local government for land use management.
Decisions of local concern will continue to
be made by local government." (page 22.
Comm. Rept". No. 92-869) .
7. E>oes provide new authority to State gov-
ernment and encourages coordinated State-
Federal planning for Federal lands within a
State's boundaries.
S. 268
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "Land Use Policy and
Planning Assistance Act of 1973".
TITLE I— FINDINGS, POLICY, AND
PURPOSE
findings
Sec. 101. (a) The Congress hereby finds
that there is a national Interest In a more
efficient system of land use plannmg and
decisionmaking and that the rapid and con-
tinued growth of the Nation's population,
expanding urban development, proliferating
transportation systems, large-scale industrial
and economic growth, conflicts In patterns of
land use. fragmentation of governmental en-
titles exercising land use planning powers,
and the Increased size, scale, and Impact of
private actions, have created a situation In
which land use management decisions of wide
public concern often are being made on the
basis of expediency, tradition, short-term
economic considerations, and other factors
which too frequently are unrelated or con-
tradictory to sound environmental, economic,
and social land use considerations.
(b) The Congress finds that the task of
land use planning and management Is made
more difficult by the lack of understanding
of, and the failure to assess, the land use
Impact of Federal, regional. State, and local
programs and private endeavors which do not
possess or are not subject to readily dis-
cernible land management goals or guide-
lines; and that a national land use policy is
needed to develop a national awareness of.
and ability to measure, the land use Im-
pacts inherent in most public and private
programs and activities.
(c) The Congress finds that adequate data
and information on land use and systematic
methods of collection, classification, and uti-
lization thereof are either lacking or not
readily available to public and private land
use decisionmakers: and that a national land
use policy must place a high priority on the
procurement and dissemination of land use
data.
(d) The Congress finds that a failure to
conduct competent land use planning has,
on occasion, resulted In delay, litigation, and
cancellation of proposed significant develop-
ment, including, but not limited to, facili-
ties for the development, generation, and
transmission of energy, thereby too often
wasting human and economic resources,
creating a threat to public services, and in-
voking decisions to locate activities In areas
of least public and political resistance, but
without regard to sound environmental, eco-
nomic, and social land use considerations
(ei The Congress finds that many Federal
agencies conduct or assist activities which
have a substantial Impact on the use of land,
location of population and economic growth,
and the quality of the environment, and
which, because of the lack cf a consiste.;t
land use policy, often result In needless, un-
desirable, and costly conflicts between the
Federal agencies and among Federal, State,
and local governments, thereby subsidizing
undesirable and costly patterns of develop-
ment: and that a concerted effort is neces-
sary to coordinate existing and future Fed-
eral policies and programs and public and
private decisionmaking in accordance with
a national land use policy.
(f) Tlie Congress finds that, while the pri-
mary responsibility and constitutional au-
thority for land use planning and manage-
ment of non-Federal lands rests with State
and local government, the manner in which
this responsibility is exercised has a tremen-
dous influence upon the utility, the value,
and the future of the public domain, the
national parks, forests, seashores, lakeshores.
recreation and wilderness areas, wildlife
refuges, and other Federal lands; and that
the failure to plan or, in some cases, the ex-
istence of poor or ineffective planning at the
State and local levels poses serious problems
of broad national or regional concern and
often results In irreparable damage to com-
monly owned assets of great national im-
portance.
(g) The Congress finds that, because the
land use decisions of the Federal Govern-
ment. Including those concerning iPe Fed-
eral lands, often have significant impacts
upon statewide and local environments and
patterns of oevelopment. a national land use
policy ought to take into consideration the
needs and Interests, and invite the partici-
pation of. State and local governments and
members of the public.
(h) The Congress finds that Federal, re-
gional. State and local decisions and pro-
grams which establish or Influence the loca-
tion of land uses often determine whether
people of all income levels and races have or
are denied access to decent shelter, to ade-
quate employment, and to quality schools,
health facilities, police and fire projection,
mass transportation, and other public serv-
ices; and that such decisions and programs
should seek to provide the maximum free-
dom and opportunity, consistent with sound
and equitable land use planning and man-
agement standards, for all citizens to live
and conduct their activities in locations of
convenience and personal choice.
declaration of policy
Sec, 102. (a) To promote the general wel-
fare and to provide full and wise application
of the resources of the Federal Government
in strengthening the environmental, recrea-
tional, economic, and social well-being of the
people of the United States, the Congress
declares that it is a continuing responsibility
of the Federal Government, consistent with
the responsibility of State and local govern-
ments for land use planning and manage-
ment, to undertake the development and im-
plementation of a national land use policy
which shall incorporate environmental,
esthetic, economic, social, and other appro-
priate factors. Such policy shall serve as a
guide for national decisionmaking in Federal
and federally assisted programs which have
land use impacts and in programs which
affect the pattern of uses on the Federal
lands, and shall provide a framework for the
development of State and local land use
policies.
(b) The Congress further declares that it
is the national policy to —
( 1 ) favor patterns of land use planning,
management, and development which are in
Eiccord with sound environmental, economic,
and social values and which encourage the
wise and balanced use of the Nation's land
resources:
(2) assist State governments to develop
and Implement land use programs for non-
Pederal lands which will Incorporate environ-
mental, esthetic, economic, social, and other
appropriate factors, and to develop a frame-
work for the formulation, coordination, and
Implementation of State and local land use
policies;
(3 I assist the State and local governments
to improve upon their present land u.se plan-
ning and management efforts with respect
to areas of critical environmental concern,
key facilities, developmei.t and land use of
regional benefit, and large scale development:
(4) facilitate increased coordination in the
administration of Federal programs and in
the planning and manaEtement of Federal
lands and adjacent non-Federal lands so as
to encourage sound land use planning and
management; and
(5) promote the development of sjstematlc
methods for the exchange of land use. en-
vironmental, economic, and social data and
Information among all levels of government.
(c) The Congress further declares that in-
telligent land use planning and management
658
CONGRESSIONAL RECORD — SENATE
January 9, 1973
can and should be a singularly Important
process for preserving and enhancing the
environment, encouraging beneficial eco-
nomic development, and maintaining condi-
tions capable of improving the quality of life.
PURPOSE
Sec. 103. It is the purpose of this Act —
(a) to establish a national policy to en-
courage and assist the several States to more
effectively exercise their constitutional re-
sponsibilities for the planning and manage-
ment of their land base through the develop-
ment and implementation of State land use
programs designed to achieve economically
and environmentally sound uses of the Na-
tions land resources;
lb) establish a grant-in-aid program to
assist $tate and local governments and agen-
cies torthire and train the personnel, and es-
tablish the procedures, necessary to develop
nni in plemeut State land use programs;
(CI istablish reasonable and flexible Fed-
eral requirements to give Individual States
gutdanre in, and to condition the distribu-
lon oft certain Federal funds on. the estab-
lishment and implementation of adequate
State )And use programs;
(d) Establish the authority and responsi-
bility (f the Secretary of the Interior to ad-
mlnistiT the grant-in-aid program, to review,
with t.ie heads of other Federal agencies,
= atewjjrie land use planning processes and
State iknd use programs for conformity to
the provisions of this Act, and to assist in
the coordination of activities of Federal agen-
-lei with State land ue programs;
le) (develop and maintain a national policy
i.viTh respect to federally conducted and fed-
frally assisted projects having land use im-
plications: and
■fi ooordinate planning and management
-jf FedSral lands and planning and manage-
'nent t-f adja?ent non-Federal lands.
riTLE " II— ADMINISTRATION OF LAND
USE POLICY
OFFICK OF LAND USE POLICY ADMINISTRATION
Sec 201. la) There is hereby established In
;he Department of the Interior the Office of
^^and Use Policy Administration (hereinafter
■eferred to as the "Office") .
I ti I The Office shall have a Director who
;hall bS appointed by the President by and
,v!th Ufi advice and consent of the Senate
ind -sh ill be cnmper.sated at the rate pro-
■ided fpr level V of the Executive Schedule
=ay Ranes (5 U.S.C. 5315). and such other
ffirersand employees as may be required.
The DiJector shall have such duties and re-
iponsihjilities as the Secretary of the Interior
hereinafter referred to as the "Secretary")
nay assign.
Sec 202. The Secretary, acting through the
Since, shall —
I a) maintain a continuing study of the
and resources of the United States and their
ise;
(b) cooperate with the States in the de-
elooment of standard methods and classi-
icatlons for the collection of land use data
nd in the establishment of effective proce-
( lures for the exchange and dissemination'«f
and use data;
(c) develop and maintain a Federal Lanti
1 Tse Information and Data Center, with such
legicnal branches as the Secretary may deem
appropriate, which shall have en file —
( 1 ) plans for federally Initiated and fed-
( rally assisted activities which directly and
ignificantly affect or have an impact upon
lind use patterns;
1 2) to the extent practicable and appro-
: riate. the plans and programs of State and
; seal governments and private enterorises
,hich have more than local significance for
md use planning and management;
(3) statistical data and information on
! ast. present, and projected land use patterns
li-hich are of more than local significance;
(4) studies pertaining to techniques and
ihethods for the procurement, analysis, and
evaluation of data and information relating
to land use planning and management; and
(5) such other information pertaining to
land use plan.ilng and management as the
Directcr deems apprrpriate;
(d) make the information maintained at
the Data Center available to Federal, re-
gional. State, and local agencies conducting
or concerned with land use planning and
management and to the public;
( e ) consult with other officials of the Fed-
eral Government responsible for the admin-
istration of Federal land use planning assist-
ance programs to States, local governments,
and other eligible public entitles in order to
coordinate such programs;
(f) administer the grant-in-aid program
established under the provisions of this Act;
and
(g) provide administrative support for the
National Advisory Board on Land Use Policy
established under section 203 of this Act.
NATIONAL ADVISORY BOARD ON LAND USE POLICY
Sec. 203. (a) The Secretary Is authorized
and directed to establish a National Advisory
Board on Land Use Policy (hereinafter re-
ferred to as the "Board") .
( b ) The Board shall be composed of :
( 1 ) the Director of the Office of Land Use
Policy Administration, who shall ser\e as
Chairman;
(2) representatives of the Departments of
Agriculture: Commerce; Defense; Health. Ed-
ucation, and Welfare; Housing and Urban
Development; and Transportation: the
Atomic Energy Commission; and the En-
vironmental Protection Agency, appointed by
the respective heads thereof;
(3) observers from the Council on En-
vironmental Quality, the Federal Power Com-
mission, and the Office of Management and
Budget, appointed by the respective heads
thereof: and
(4) representatives of such other Federal
agencies, appointed by the respective heads
thereof, as the Secretary may request to par-
ticipate when matters affecting their respon-
sibilities are under consideration.
(c) Tlie Board shall meet regularly at such
times as the Chairman may direct and shall —
(1) provide the Secretary with informa-
tion and advice concerning the relationship
of policies, programs, and activities estab-
lished or performed pursuant to this Act to
the programs of the agencies represented on
the Board;
(2) render advice, pursuant to section 502,
to the Executive Office of the President and
the Secretary concerning proposed guidelines,
rules, and regulations for the Implementation
of the provisions of this Act;
(3) assist the Secretary and the agencies
represented on the Board In the coordination
of the review of statewide land use planning
processes and State land use programs;
(4) provide advice on such land use policy
matters as the Secretary may refer to the
Board for Its consideration; and
(5) provide reports to the Secretary on
land use policy matters which may be re-
ferred to the Board by the heads of Federal
agencies through their respective representa-
tives on the Board.
(d) Each agency representative on the
Board shall have a career position within his
agency of not lower than GS-15 and shall not
be assigned any duties which are unrelated to
the administration of land use planning and
policy, except temporary housekeeping or
training duties. Each representative shall —
(1) represent his agency on the Board;
(2) assist In the coordination and prepara-
tion within his agency of comments on (1)
guidelines, rules, and regulations proposed
for promulgation pursuant to section 502,
and (11) statewide land use planning proc-
esses and State land use programs reviewed
pursuant to title III of this Act;
(3) assist m the dissemination of land use
planning and policy Information and In the
implementation within his agency of policies
planning and policy information and In th«
and procedures developed pursuant to thlt
Act; and
(4) perform such other duties regarding
the administration of land use planning and
policy as the head of his agency may direct.
(e) The Board shall have as advisory mem-
bers two representatives each from State
governments and local governments and one
representative each from regional interstate
and intrastate public entities which have
land use planning and management respon-
sibilities. Such advisory members shall be
selected by a majority vote of the Board
and shall each serve for a two-year period.
INTERSTATE COORDINATION
Sec. 204. (a) The States are authcrlzed to
coordinate land use planning, policies, and
programs with appropriate Interstate enti-
ties, and a reasonable portion of the funds
made available to such States under the pro-
visions of this Act may be used therefor;
Provided, That an opportunity for participa-
tion in the coordination process by Federal
and local governments and agencies as well
as members of the public engaged in activ-
ities which affect or are affected by State
land use planning, policies, and programs is
assured; And provided further. That nothing
In this subsection shall be construed to affect
the allotment of funds as provided In section
507 of this Act.
(b) Subject to the approval of Congress
by the adoption of an appropriate Act, Con-
gress hereby authorizes States possessing
coherent geographic, environmental, demo-
graphic, or economic characteristics which
would serve as reasonable bases upon which
to coordinate land use planning, policies, and
programs In Interstate areas to negotiate
interstate compacts for the purpose of such
coordination, with such terms and condi-
tions as to them seem reasonable and ap-
propriate: Provided. That such compacts
shall provide for an opportunity for partic-
ipation In the coordination process by Fed-
eral and local governments and agencies as
well as members of the public engaged in
activities which affect or are affected by land
use planning, policies, and programs: And
provided further, That nothing in this sub-
section shall be construed to affect the al-
lotment of funds as provided In section 507
of this Act.
(c) The Advisory Commission on Inter-
governmental Relations shall conduct a re-
view of federally established or authorized
interstate agencies. Including, but not lim-
ited to, river basin commissions, regional
development agencies, and interstate com-
pact commissions, for the purpose of coordi-
nating land use planning, policies, and pro-
grams in interstate areas. The Advisory Com-
mission on Intergovernmental Relations shall
report to the Congress the results of its re-
view conducted under this subsection not
later than two fiscal years after the date of
enactment of this Act,
TITLE III— PROGRAM OF ASSISTANCE TO
THE STATES
Sec. 301. (a) The Secretary is authorized
to make annual grants to each State to as-
sist each State in developing and admin-
istering a State land use program meeting
the requirements set forth in this Act.
(b) Prior to making the first grant to each
State during the three complete fiscal year
period following the enactment of this Act,
the Secretary shall be satisfied that such
grant will be used In a manner to meet sat-
isfactorily the requirements for a statewide
land use planning process set forth In sec-
tion 302. Prior to making any further grants
during such period, the Secretary shall be
satisfied that the State Is adequately and ex-
peditiously proceeding to meet the require-
ments of section 302.
(c) Prior to making any further grants
after the three complete fiscal year period
following the enactment of this Act and
before the end of the five complete fiscal year
Januanj 9, 1973
CONGRESSIONAL RECORD — SENATE
G59
period following the enactment of this Act,
tlie Secretary shall be satisfied that the State
has met and continues to meet the require-
ments of section 302 and Is adequately and
expeditiously proceeding to develop a State
land use program to meet the requirements
of sections 303, 304. and 402.
(d) Prior to making any further grants
after the five complete fiscal year period
following the enactment of this Act, the
Secretary shall be satisfied that the State
has met and continues to meet the require-
ments of sections 303, 304, and 402.
(6 1 Each State receiving grants pursuant
to this Act during the five complete fiscal
vear period following enactment of this Ac^
shall submit, not later than one year after
the date of award of each grant, a report on
work completed and scheduled toward the
development of a State land use program to
the Secretary for determination of State
eligibility or ineligibility for grants pursuant
to this Act in acordance with the procedures
provided in section 305. For grants made after
such period, the State shall submit Its State
land use program not later than one year
after the date of award of each grant to the
Secretary for determination of State eligi-
bility or ineligibility for grants pursuant to
this Act in accordance with the procedures
provided In section 305: Provided, That If
no grant Is requested by or active In any
State after fiscal years from the date of en-
actment of this Act, such State shall submit
its State land use program within ninety
days thereafter to the Secretary for deter-
mination of State eligibility or ineligibility
for grants pursuant to this Act in accordance
with the procedures provided in section 305:
And provided further. That, should no grant
be requested by or active in any State during
any two complete fiscal year period after five
fiscal years from the date of enactment of
this Act, such State shall submit its State
land use program within ninety days from
completion of such period to the Secretary
for determination of State eligibility or in-
eligibility for grants pursuant of this Act
in accordance with the procedures provided
in section 305.
STATEWIDE LAND USE PLANNING PROCESSES
Sec 302. (a) As a condition of continued
eligibility of any State for grants pursuant to
this Act after the three complete fiscal year
period following the enactment of this Act,
the Secretary shall have determined that the
State has developed an adequate statewide
land use planning process, which process
shall include —
(11 the preparation and continuing revi-
sion of a statewide inventory of the land
and natural resources of the State,
(2 1 the compilation and continuing revi-
sion of data, on a statewide basis, related to
population densities and trends, economic
characteristics and projections, environ-
mental conditions and trends, and directions
and extent of urban and rural growth;
(3) projections of the nature and quantity
of land needed and suitable for recreation and
esthetic appreciation; conservation and pres-
ervation of natural resources; agriculture,
mineral development, and forestry; Industry
and commerce. Including the development,
generation, and transmission of energy:
transportation: urban development, includ-
ing the revitallzation of existing commu-
nities, the development of new tow-is, anil the
economic diversification of existing com-
munities which posses a narrow economic
base; rural development, taking Into con-
sideration future demands for and limita-
tions upon products of the land: and health,
educational, and other State and local gov-
ernmental services;
'4) the preparation and continuing revi-
sion of an inventory of environmental, geo-
logical, and physical conditions (Including
soil types) which Influence the desirability
of various uses of land;
(5) the preparation and continuing revi-
sion of an inventory of State, local govern-
ment, and private needs and priorities con-
cerning the tise of Federal lands within the
State;
(6) the preparation and continuing revi-
sion of an Inventory of public and private
institutional and financial resources avail-
able for land use planning and management
within the State and of State and local pro-
grams and activities which have a land use
impact of more than local concern;
(7) the establishment of a metliod for
identifying large-scale development and de-
velopment and land use of regional benefit;
(8) the establishment of a method for In-
ventorying and designating areas of critical
environmental concern and areas which are,
or may be, Impacted by key facilities;
(9) the provision, where appropriate, of
technical assistance for, and training pro-
grams for State and local agency personnel
concerned with, the development and Imple-
mentation of State and local land use pro-
grams;
(10) the establishment of arrangements
for the exchange of land use planning In-
formation and data among State agencies
and local governments, with the Federal Gov-
ernment, among the several States and In-
terstate agencies, and with members of the
public;
(11) the establishment of a method for
coordinating all State and local agency pro-
grams and services which significantly affect
land use;
(12) the conducting of public hearings,
preparation of reports, and soliciting of com-
ments on reports concerning the statewide
land use planning process or aspects there-
of;
(13) the provision of opportunities for
participation by the public and the appro-
priate officials or representatives of local gov-
ernments In the statewide planning process
and In the formulation of guidelines, rules,
and regulations for the administration of the
statewide planning process; and
(14) the consideration of, and consulta-
tion with the relevant States on, the inter-
state aspects of land use Issues of more than
local concern.
(b) In the determination of an adequate
statewide land use process of any state, the
Secretary shall confirm that the State has
an eligible State land use planning agency
established by the Governor of such State
or by law, wlilch agency shall —
(1) have primary authority and respon-
sibility for the development and administra-
tion of a State land use program provided for
in sections 303, 304. and 402;
(2) have a competent and adequate Inter-
disciplinary professional and technical staff
and, whenever appropriate, the services of
special consultants;
(3) give priority to the development of an
adequate data base for a statewide land use
planning process using data available from
existing sources wherever feasible;
(4) coordinate its activities with the plan-
ning activities of all State agencies undertak-
ing federally financed or assisted planning
programs insofar as such programs relate to
land use: the regulatory activities of all
State agencies enforcing air. water, noise, or
other pollution standards: all other rele-
vant Dlannlng activities of State agenices;
flood plain zoning plans approved by the Se-
cretary of the Army pursuant to the Flood
Control Act of 1960 (74 Stat. 488) , as amend-
ed; the planning activities of areawlde
agencies designed pursuant to regulations
established under section 204 of the Demon-
stration Cities and Metropolitan Develop-
ment Act of 1966 (80 Stat. 1255, 1262-3). as
amended: the planning activities of local
governments: and the planning activities of
Federal agencies;
(5) have authority to conduct public hear-
ings, with adequate public notice, allowing
full public participation in the develop-
ment of the State land use program:
(6) have authority to make available to
the public promptly upon request land use
data and Information, studies, reports, and
records of hearings; and
(7) be advised by an advisory council
which shall be comi;osed of a representative
number of chief elected officials of local gov-
ernments in urban and nonurban areas. The
Governor shall appoint a chairman from
among the members. The term of service of
each member shall be two years. The ad-
visory council shall, among other things,
comment on all State guidelines, rules, and
regulations to be promulgated pursuant to
this Act, participate in the development of
the statewide land use planning process and
State land use program, and make formal
comments on annual reports which the
agency shall prepare and submit to it. which
reports shall detail all activities within the
State conducted by the State government
and local governments pursuant to or in con-
formity with this Act.
STATE LAND USE PROGRAMS
Sec. 303. (a) As a condition of continued
eligibility of any State for grants pursuant'
to this Act after the five complete fiscal year
period following the enactment of this Act,
the Secretary shall have determined that the
State has developed an adequate State land
use program, which shall include —
( 1 ) an adequate statewide land use plan-
ing process as provided for In section 302
of this Act:
(2) methods of implementation for —
(A) assuring that the use and development
of land In areas of critical environmental
concern within the State Is not Inconsistent
with the State land use program :
(B) assuring that the use of land in areas
within the State which are or may be Im-
pacted by key facilities, including the site
location and the location of major improve-
ment and major access features of key facili-
ties. Is not Inconsistent with the State land
use program:
(C) assuring that any large-scale subdivi-
sions and other proposed large-scale devel-
opment within the State of more than local
significance in Its impact upon the environ-
ment is not Inconsistent with the State land
use program;
(D) assuring that any source of air, water,
noise, or other pollution in the areas or from
the uses or activities listed In this clause
( 1 ) shall not be located where It would result
In a violation of any applicable air. water,
noise, or other pollution standard or imple-
mentation plan:
(E) periodically revising and updating the
State land use program to meet changing
conditions:
(P) assuring dissemination of Information
to appropriate officials or representatives of
local governments and members of the public .
and their participation in the development
of and subsequent revisions In the State land
use program and in the formulation of State
guidelines, rules, and regulations for the
development and adminlstr.ition of the State
land use program; and
(G) conducting a coordinated manage-
ment program for the land and water re-
sources of any coastal zone within the Stite
in accordance wltfi existing or then appli-
cable Federal or State law.
(b) Wherever possible, selection of meth-
ods of implementation of clause (2) of sub-
section (a) shall be made so as to encouraige
the employment of land use controls by local
governments.
(c) The methods of Implementation of
clause (2) of subsection (a) shall Include
either one or a combination of the two fol-
lowing general techniques —
(1) implementation by local governments
pursuant to criteria and standards estab-
lished by the State, such implementation to
660
CONGRESSIONAL RECORD ^ SENATE
Januanj 9, 197s
be subject to State administrative review
with State authority to disapprove such Im-
plementation wherever it falls to meet such
criteria and guidelines; and
1 2 1 direct State land use planning and
regulation.
(d) Any method of Implementation em-
ployed by the State shall include the au-
thority of the State to prohibit, under State
police powers, the use of land within areas
which, under the State land use program,
have been designated as areas of critical en-
vironmental concerns which are or may be
impacted by key facilities, or which have
been identified as presently or potentially
subject to development and land use of
regional benefit, large-scale dex^elopment, or
large-scale subdivisions, which use is incon-
sistent with the requirements of the State
land use program as they pertain to areas of
critical eni-lronmental concern, key facilities,
development and land use of regional benefit,
large-scale development, and large-scale
subdivisions.
lei Any method of Im'-ilementatlon em-
ployed by the State shall Include an ad-
ministrative appeals procedure for the reso-
lution of. among other matters, conflicts
ever any decision cr action of a local gov-
ernment for a-^y area cr i'..?e under the
State land use program and over any deci-
sion cr action by the Governcr or State land
use planning agency In the Cevelopment of,
or pursuant to. the State land use program.
Such procedure shall Include representation
before the appeals body of, among others,
the aggrieved party of interest and the local
government or the State government respon-
sible for the decision or action which Is the
ubiect of the appeal.
(f) Any person having a legal Interest In
l.Hiid. of which a State has prohibited or
restricted the full use and enjoyment
thereof, may petition a court cf competent
Jurisdiction to deti?rmlne wl'.ether the prohi-
bition diminishes the use of the property so
as to require compensation for the loss and
the amount of compensation to be awarded
therefor.
Sec. 304. As a further condition of con-
tinued ellelblllty of a State for .grants pur-
suant to this Act after the five complete
fiica' vfar oeriod following the enactmen<iof
this Act, th» Secretary shall review the St^te
land use rro^ram of such State and delftr-
mlre that — '*
lai In designating areas of critical er-
viroii mental concern, the State has not 'ex-
cluded any substantial areas of critical
environmental concern which are cf major
'Planning and management: Provided. That,
at the request of the Governor of any State,
tlie Secretary shall submit to any such State
a description of all area.=-. cf critical environ-
mental concern wit»il'i such State which he
considers to be of natliral significance pur-
suant to this subsEction (a) no later than
three fiscal years from date of enactment of
this Act. If a request is mide by a Governcr
to the Secretary for a description of such
areas after such three fiscal year period, the
S»cretary shall have sixty days to comply
wif'ii suc'i request.
lb) the State is demonstrating good faith
efforts to implement, and, in the case of suc-
cessive grants, the State Is continuing to
demonstrate good faith efforts to Implement,
the purposed, policies, and requirements of
its State land use program. For the purposes
of this subsection, the Inability of a State to
take any State action the purpose of which
is to Implement its State land use program,
or any portlo-i thereof, becau.se such action
is enjoined by the issuance of an Injunction
by any court of competent Jurisdiction shall
not be constt'-ed as failure by the State to
demon-s^rnte gocd faith efforts to Implement
the purposes, policies, and requirements of
Its State land use program:
ici State law.s. regulations, and criteria
a.^Tecfing the Statj la;id use rrcgr&m and the
areas, uses, and activities over which the
State exercises authority as required in sec-
tion 303 are in accordance with the require-
ments of this title;
(d) the State land use program has been
reviewed and approved by the Governor:
(ei the State has coordinated Its State
land use program with the planning activi-
ties and programs of its State agencies, the
Federal Government, and local governments
as provided for in this title, and with the
planning processes and land use programs of
other States and local governments within
such States with respect to lands and waters
in interstate areao; and provided for the
participation of, and dissemination of infor-
mation to, appropriate officialii or represen-
tatives of local governments and members
of the public as provided for In this title; and
(f) the State utilize3, for the purpose of
furnishing advice to the Federal Govern-
ment as to whether Federal and federally
assisted projects are consistent with the State
laud use profram, procedure established pur-
suant to section 204 of the Demonstration
Cities and Metropolitan Development Act
cf 1966 (80 Stat. 1255. 1262). as amended,
and title IV of the Intergovernmental Co-
operation Act cf 1968 (82 Stat. 1098, 1103),
and is participating on its own behalf In
the programs provided for pursuant to sec-
tion 701 of the Housing Act of 1954 (68 Stat.
590, 640) , as amended.
FEDER.AL REVIEW AND DETERMINATION OF
GRANT ELIGIBILITY
3ec, 305. (a) During the Jve complete fiscal
year period following the enactmeiu of this
Act, the Secret. iry, before making a grant
to any State pursuant to this Act. shall
consult with the heads of all Federal agencies
listed In subsection (d) of the section and
of all other Federal agencies which conduct
or participate in construction, development,
assistance, or regulatory programs signif-
icantly affecting land use in such State, and
flth the National Advisory Board on Land
■^e Policy pursuant to subsection (c) of sec-
t5>n 203 of this Act. and shall consider their
views and recommendations.
(b) After the five complete fiscal year pe-
riod following the enactment of this Act —
(1) the Secretary', before making a grant
to any State pursuant to this Act, shall sub-
mit the State land use program of such State
to the heads of all Federal agencies listed
in subsection (d) of this section and of all
other Federal agencies which conduct or
participate In construction, development, as-
sistance, or regulatory programs significantly
affecting land use in such State, and to the
National Advisory Board on Land Use Policy
pursuant to subsection (c) of section 203 of
this Act. The Secretary shall take Into con-
sideration the views of each agency head
which are submitted to him by such agency
head no later than thirty days after sub-
mission of the State land use program to
such agency head by the Secretary; and
(2) the Secretary shall not make a grant
to any State pursuant to this Act until he
has ascertained that the Administrator of the
Environmental Protection Agency Is satisfied
that the State land use program of such
State is In compliance with the goals of the
Federal Water Pollution Control Act, the
Clean Air Act, and other Federal laws con-
trolling pollution which fall within the jur-
isdiction of the Administrator, and that
those portions of the State land use program
which will effect any change In land use
within the next annual review period are
In compliance with the standards, criteria,
•emission or effluent limitations, monitoring
requirements, or implementation plans re-
quired by such laws. The Administrator shall
be deemed to be satisfied If he does not com-
municate his views to the Secretary within
sixty days of submission of the State land
use program to him by the Secretary.
( c ) The Secretary may not make any grant
to any State pursuant to this Act unless he
has been Informed by the Secretary of Hous-
ing and Urban Development that he is satis-
fled that the statewide land use planning
process or State land use program of such
State with respect to which the grant is to
be made ( 1 ) conforms to the objectives of
section 701 of the Housing Act of 1954 as
amended, and to the relevant planning as-
sisted under that section, including the pro-
visions related to functional plans, and hous-
ing, public facilities, and other growth and
development objectives, and (2) meets the
requirements of this Act insofar as they per
tain to large-scale development, development
of regional benefit, large-scale subdivisions
and the urban development 01 lands im-
pacted by key facilities. The Secretarv- of
Housing and Urban Development shall be
aeemed to be satisfied if he does not com-
municate his views to the Secretary within
sixty days after the statewide land use plan-
ning process or State land use program has
been submitted to him by the Secretary
(d) The Secretary shall determine a State
eligible or ineligible for a grant pursuant
X^ this Act not later than six months fol-
lowing receipt for review of the application
of the State for its first grant, a report
of the State on its previous grant, or the
State land use program of the State as pro-
vided In section 301.
(e) Pursuant to subsections (a) and (b)
of this section the Secretary shall consider
the views of the heads of the Departments
of Agriculture: Commerce: Defense: Health,
Education, and Welfare; Housing and Urban
Development; and Transportation; the Atom-
ic Energy Commission; the Federal Power
Commission; and the Environmental Pro-
tection Agency.
(f) A State may revise at any time its
State land use program : Provided, That such
revision does not render the State land use
program inconsistent with the requirements
of this Act: And provided further. That any
significant revision is reported to the Sec-
retary. The Secretary shall make a temporary
determination, prior to the full review of the
State land use program pursuant, to sec-
tion 305, of whether such revision would
render the State land use program inade-
quate for purposes of complying with the
requirements of this Act. and shall inform
th9 State of his determination.
(g)(1) In the event the Secretary deter-
mines that a State is ineligible for grants
pursuant to this Act or, having found a
State eligible for such grants, sulisequently
determines that grounds exist for withdrawal
of such eligiblUty, he shall notify the Presi-
dent, who shall order the establishment of
an ad hoc hearing board (hereinafter re-
ferred to as "hearing board"), the member-
ship of which shall consist of:
(A) the Governor of a State which is not
the State for which grant ellglbUity is in
question and which does not have a particu-
lar interest in whether grant eligibility or in-
eligibility Is determined, selected by tlie Pres-
ident within thirty days after notification
by the Secretary, or. within ten days there-
after, such alternate person as the Governor
selected by the President may designate:
(B) one knowledgeable, impartial Federal
oRlrial who Is not an official of an agency
listed In clauses (1) through (3) of subsec-
tion (b) of section 2<)3, selected by the
President within thirty days after notifica-
tion by the Secretary: and
(C) one knowledgeable, impartial private
citizen, selected by the other two members;
Provided, That If the other two members
cannot agree upon a thlr(i member within
twenty days after the appointment of the
second member to be appointed, the third
member shall be selected by the President
within twenty days thereafter,
(2) The Secretary shall specify in detail,
In writing, to the hearing board his reasons
for considering a State ineligible, or for
withdrawing the eligibility of a State, for
Jamianj 9, 1973
CONGRESSIONAL RECORD — SENATE
661
prants pursuant to this Act. The hearing
board shall hold such hearings and receive
such evidence as it deems necessary. The
hearing board shall then determine whether
a finding of ineligibility would be reasonable,
and set forth in detail, in writing, the rea-
sons for Us determination. If the hearing
board determines that inellglbUity would be
unreasonable, the Secretary shall find the
State eligible for grants pursuant to this
Act. If the hearing board concurs in the
finding of ineligibility or withdrawal of eli-
gibility, the Secretary shall find the State
Ineligible for grants pursuant to this Act.
ineligibility shall be deemed to have been
determined by the hearing board If no de-
termination in writing is made by it within
nlnetv days of its appointment.
(3) Members of hearing boards who are
not regular full-time officers or employees
of the United States shall, while carrying out
their duties as members, be entitled to re-
ceive compensation at a rate fixed by the
President, but not exceeding $150 per diem,
including traveltime. and, while away from
their homes or regular places of business,
they may be allowed travel expenses, includ-
ing per diem in lieu of subsistence sis au-
thorized by law for persons intermittently
employed in Government service. Expenses
shall be charged to the account of the Ex-
ecutive Office of the President.
(4) Administrative support for hearing
boards shall be provided by the Executive
Office of the President.
(5) The President may issue such regula-
tions as may be necessary to carry out the
provisions of this subsection.
CONSISTENCY OP FEDERAL ACTIONS WITH STATE
LAND USE PROGRAMS
Sec. 306. (a) Federal projects and activities
significantly affecting land use, including but
not limited to grant, loan, or guarantee pro-
grams, such as mortgage and rent subsidy
programs and water and sewer facility con-
struction programs, shall be consistent with
State land use programs which conform to
the provisions of sections 303, 304, and 402
of this Act, except in cases of overriding na-
tional interest, as determined by the Presi-
dent, Procedures provided for in regulations
Issued by the Office of Management and
Budget purstiant to the criteria specified in
section 204 of the Demonstration Cities and
Metropolitan Development Act of 1966 (80
Stat, 1255, 1262-3), as amended, and title IV
of the Intergovernmental Cooperation Act of
1968 (82 Stat, 1098, 1103^). together with
such additional procedures as the Office of
Management and Budget may determine are
necessary and appropriate to carry out the
purpose of this Act, shall be utilized in the
determination of whether Federal projects
and activities are consistent with the State
land use programs.
(b) (1) Any State or local government sub-
mitting an application for Federal assistance
for any program, project, or activity having
significant land use implications in an area
or for a use subject to a State land use pro-
gram in a State found eligible for grants
pursuant to this Act shall transmit to the
relevant Federal agency the views of the State
land use planning agency and/or the Gov-
ernor and. In the case of an application of a
local government, the views of such local gov-
ernment and the relevant areawlde planning
agency designated pursuant to section 204 of
the Demonstration Cities and Metropolitan
Development Act of 1966 and'or title IV of
the Intergovernmental Cooperation Act of
1968, as to the consistency of such activitv
with the State land use program: Provided.
That, if a local government certifies that a
plan or description of an activity for which
application is made by the local government
has Iain before the State land use planning
agency and/or the Governor for a period of
sixty days without indication of the views of
the State land use planning agency and/or
the Governor, the application need not be
accompanied by such views.
(2) The relevant Federal agency shall,
pursuant to subsections (a) and (b)(1) of
this section, determine, in writing, whether
the proposed activity Is consistent or In-
consistent with the State land use program.
(3) No Federal agency shall approve any
proposed activity which it determines to be
Inconsistent with a State land use program
in a State found eligible for grants pur-
suant to this Act.
(C) Federal agencies conducting or as-
sisting public works activities in areas not
subject to a State land use program in a
State found eligible for grants pursuant to
this Act shall, to the extent practicable,
conduct such activities in such a manner as
to minimize any adverse Impact on the en-
vironment resulting from decisions con-
cerning land use.
FEDERAL ACTIONS IN THE ABSENCE OF STATE
ELIGIBILITT
Sec. 307, (a) The Secretary shall have
authority to terminate any financial as-
sistance extended to a State under this Act
and withdraw his determination of grant
eligibility whenever, in accordance with
section 305, the statewide land use plan-
ning process or the State land use program
of such State Is determined not to meet
the requirements of this Act.
(b) Where any major Federal action sig-
nificantly affecting the use of non-Federal
lands is proposed after five fiscal years from
the date of enactment of this Act In a
State which has not been found eligible for
grants pursuant to this Act, the responsible
Federal agency shall hold a public hearing
in such State at least one hundred eighty
days In advance of the proposed action con-
cerning the effect of the action on land
use. taking into account the relevant con-
siderations set out in sections 302. 303. 304,
and 402 of this Act, and shall make find-
ings which shall be submitted for review
and comment by the Secretary, and where
appropriate, by the Secretary of Housing
and Urban Development. Such findings of
the responsible Federal agency and com-
ments of the Secretary and, where appro-
priate, the Secretary of Housing and Urban
Development shall be made part of the de-
t,ailed statement reqtiired by section 102(2)
(C) of the National Environmental Policy
Act of 1969 (83 Stat, 852, 853), This sub-
section shall be subject to exception where
the President determines that the interests
of the United States so require.
TITLE rv
FEDERAL-STATE COORDINATION AND COOPERA-
TION IN THE PLANNING AND MANAGEMENT
OF FEDERAL AND ADJACENT NON-FEDEBAL
LANDS
Sec. 401. (a) All agencies of the Fed-
eral Government charged with responsibil-
ity for the management of Federal lands
shall consider State land use programs
prepared pursuant to this Act and State,
local government, and private needs and
requirements as related to the Federal
lands, and shall coordinate the land use
Inventory, planning and management ac-
tivities on or for Federal lands with State
and local land use Inventory, planning, and
management activities on or for adjacent
non-Federal lands to the extent such coordi-
nation is practicable and not Inconsistent
with Baramount national policies, programs,
and interests,
(b) For the purposes of this section, any
agenc;^ .proposing any new program, policy,
rule, or regulation relating to Federal lands
shall publish a draft statement and a final
statement concerning the consistency of the
program, policy, rule, or regulation with
State and local land use planning and man-
agement, and, where Inconsistent, the rea-
t
sons for such Inconsistency, forty-five days
and fifteen days, respectively, prior to the
establishment of such program or policy or
the promulgation of such rule or regulation,
and, except where otherwise provided by law,
shall conduct a public hearing, with adequate
public notice, on such program, policy, rule,
or regulation prior to the publication of the
final statement.
Sec, 402, (a) As a condition of continued
eligibility of any State for grants pursuant
to this Act, after the five complete fiscal year
period following the enactment of this Act,
the Secretary shall have determined that —
(1) the State land use program developed
pursuant to sections 303 and 304 of this Act
includes methods for insuring that Federal
lands within the State. Including but not
limited to units of the national park system,
wilderness areas, and game and wildlife
refuges, are not damaged or degraded as a
result of inconsistent land use patterns In
the same immediate geographical region; and
(2) the State has demonstrated good faith
efforts to implement such methods in ac-
cordance with subsection (b) of section 304.
(b) The procedures for determination of
grant eligibility provided for in section 305
shall apply to this section.
AD HOC FEDERAL-STATE JOINT COMMITTEES
Sec 403. (at The Secretary, at his discre-
tion or upon the request of the Governor of
any State involved. sh.iU establish an Ad Hoc
Federal-State Joint Committee or Commit-
tees (hereinafter referred to as "joint com-
mittee" or "committees") to review and make
recommendations concerning general and
specific problems relating to jurisdictional
conflicts and Inconsistencies resulting from
the various policies and legal requirements
governing the planning and management of
Federal lands and of adjacent non-Federal
lands. Each joint committee shall include
representatives of the Federal agencies hav-
rtig jurisdiction over the Federal lands In-
volved, representatives of affected user
groups, including recreation and conserva-
tion Interests, and officials of affected State
agencies and units of local government. Prior
to appointing representatives of user groups
and officials of local governments, the Sec-
retary shall consult with The Governor or
Governors of the affected State or States and
local governments. The Governor of each
State shall appoint the officials of the affected
agencies of his State who shall serve on the
joint committee.
(b) Each Joint committee shall terminate
at the end of two years from the date of
Its establishment.
(c) Each member of a joint committee
may be compensated at the rate of $100
for each day he is engaged in the actual per-
formance of duties vested in his joint com-
mittee. Each member shall be reimbursed
for travel expenses, Including per diem In lieu
of subsistence, as authorized by section
5703 of title 5. United States Code, for per-
sons In the Government service employed In-
termittently: ProiHded. however. That no
compensation except travel and expenses In
addition to regular salary shall be paid to
any full-time Federal or State official.
(d) Each joint committee shall have
available to It the services of an executive
secretary, professional staff, and such cleri-
cal assistance as the Secretary determines
Is necessary. The executive secretary shall
serve as staff to the joint committee or com-
mittees and shall be responsible for carry-
ing out the administrative work of the joftit
committee or committees.
(e) The specific duties of any joint com-
mittee shall be assigned by the Secretary
and may Include —
(1) conducting a study of. and making
recommendations to the Secretary concern-
ing methods for resolving, general problems
with and conflicts between land use Inven-
662
CONGRESSIONAL RECORD — SENATE
January 9, 1973
tory. planning, and management activities
on or for Federal lands and State and local
land use Inventory, planning, and manage-
ment activities on or for adjacent non-Fed-
eral lands. Including, where relevant, the
State land use programs developed pursuant
to sections 303. 304, and 402 of this Act;
(2) Investigating specific conflicts between
the planning and management of Federal
lands and of adjacent non -Federal lands and
making recommendations to the Secretary
concerning their resolution:
|3) assisting the States and the Office of
Land Use Policy Administration In the de-
velopment of systematic and uniform 'meth-
ods among the States and between the States
and the Federal Government for collecting,
compiling, exchanging, and utilizing land
use data and Information: and
(4) advising the Secretary, during his
review of Stat« land use programs, of op-
portunities for reducing potential conflicts
and Improving coordination In the plan-
ning and management of Federal lands and
of adjacent non-Federal lands.
(f) Upon receipt of the recommendations
of a Joint committee upon a problem or con-
flict pursuant to subsection (e) of this sec-
tion the Secretary shall —
1 1 ) where he has legal authority, take any
appropriate and necessary action to resolve
such problem or conflict;
(2) where he does not have jurisdiction
over or authority concerning the Federal
lands which are involved in the problem or
conflict, work with the appropriate Federal
agency or agencies to develop a proposal de-
signed to resolve the problem or conflict and
to enhance cooperation and coordination be-
tween the planning and management of Fed-
eral lands and of adjacent non-Federal
lands; and
(3) If he determines that the legal author-
ity to resolve such problems or conflicts is
lacking in the executive branch, recommend
enactment of appropriate legislation to the
Congress.
(g) In taking or recommending action pur-
suant to the recoawnendatlons of a Joint
committee, the Secre4ry shall give careful
consideration to the purposes of this Act and
not resolve any problem with or conflict be-
tween the planning and management of Fed-
eral lands and of adjacent non-Federal lands
in a manner which would impair the national
purposes or objectives to which the Federal
lands Involved are dedicated and for which
they are being managed.
BIENNIAL REPORT ON FEDERAL-STATE COORDINA-
TION
Sec. 404. The Secretary shall report bien-
nially to the President and the Congress con-
cerning—
I a) problems In and methods for coordina-
tion of planning and management of Federal
lands and planning and management of adja-
cent non-Federal lands, together with recom-
mendations to improve such coordination;
lb) the resolution of specific conflicts be-
tween the planning and management of Fed-
eral lands and of adjacent non-Federal lands ,
and
(c) at the request of the Governor of any
State involved, any unresolved problem with
or conflict between the planning and man-
agement of Federal lands and of adjacent
non-Federal lands, together with any rec-
ommendations the Secretary and the Gover-
nor or Governors may have for resolution of
such problem or conflict.
Sec. 405. la) Prior to the making of rec-
ommendations on any problem or conflict
pursuant to subsection le) of section 403.
each Joint committee shall conduct a public
hearing or provide an opportunity for such a
hearing in the State on such problem or con-
flict, with adequate public notice, allowing
fully participation of representatives of Fed-
eral. State, and local governments and mem-
bers of the public. Should no hearing be held.
the Joint committee shall solicit the views of
all affected parties and submit a summary of
such views, together with its recommenda-
tions, to the Secretari'.
(bi Prior to the making of recommenda-
tions or the taking of actions pursuant to
subsection (f) of section 403. the Secretary
shall review In full the relevant hearing rec-
ord or. where none exists, the summary of
views of affected parties prepared pursuant
to subsection (a) of this section, and may, In
his discretion, hold further public hearings.
Sec. 406. Upon request of a Joint commit-
tee, the head of any Federal department or
agency or federally established or authorized
interstate agency is authorized: (1) to fur-
nish to the Joint committee, to the extent
permitted by law and within the limits of
available funds, such information as may be
necessary for carrying out the functions of
the Joint committee and as may be available
to or procurable by such department, agency,
or interstate agency; and (11) to detail to
temporary duty with the joint committee, on
a reimbursable basis, such personnel within
his administrative Jurisdiction as the Joint
committee may need or believe to be useful
for carrying out its functions, each such de-
tail to be without loss of seniority, pay. or
other employee status.
I TITLE V — GENERAL
DEFINITIONS
Sec. 501. For the purposes of this Act —
(a» The term "State" means a State, the
District of Columbia, the Commonwealth of
Puerto Rico, or any territory or possession of
the United States.
(b) The term "local government" means
any general purpose county or municipal
government, or any regional combination
thereof, or. where appropriate, any other
public agency which has land use planning
authority.
(c) The term "Federal lands" means any
land owned by the United States without
regard to how the United States acquired
ownership of the land and without regard to
the agency having responsibility for manage-
ment thereof, except lands held in trust for
the benefit of Indians. Aleuts, and Eskimos.
(d) The term "non-Federal lands" means
all lands which are not "Federal lands" as
defined in subsection (c) of this section and
are not held by the Federal Government In
trust for the benefit of Indians, Aleuts and
Eskimos.
(ei The term "areas of critical environ-
mental concern" means areas as designated
by the State on non-Federal lands where un-
controlled development could result in Irre-
versible damage to Important historic, cul-
tural, or esthetic values, or natural systems
or processes which are of more than local
significance, or could unreasonably endanger
life and property as a result of natural haz-
ards of more than local significance. Such
areas, subject to State definition of their ex-
tent, shall include —
(1) coastal wetlands, marshes, and other
lands Inundated by the tides;
(2) beaches and dunes;
(3) significant estuaries, shorelands, and
flood plains of rivers, lakes, and streams;
(4) areas of unstable soils and with high
selsmlclty;
(5) rare or valuable ecosystems;
(6) significant undeveloped agricultviral,
grazing, and watershed lands;
( 7 ) forests and related land which require
long stability for continuing renewal;
(8) scenic or historic areas; and
(9) such additional areas as the State de-
termines to be of critical environmental
concern.
(f ) The term "key facilities" means public
facilities on non-Federal lands which tend
to induce development and urbanization of
more than local Impact and major facilities
on non-Federal lands for the development,
generation, and transmission of energy.
(g) The term "development and land use
of regional benefit" means land use and
private development on non-Pederal lands
for which there is demonstrable need affect-
ing the Interests of constituents of more
than one local government which outweighs
the benefits of any applicable restrictive or
exclusionary local regulations.
(h) The term "large scale development"
means private development of non-Federal
lands which, because of Its magnitude or tlie
magnitude of its effect on the surroundlnK
environment, is likely to present issues of
more than local slgnlfldance in the Judgment
of the State. In determining what constitutes
"large scale development" the State should
consider, among other things, the amount
of pedestrian or vehicular traffic likely to be
generated; the number of persons likely to
be present; the potential for creating en-
vironmental problems such as air. water, or
noise pollution: the size of the site to be
occupied; and the likelihood that additional
or subsidiary development will be generated.
CITIDEUNES. RULES AND REGULATIONS
Sec. 502. (a) The Executive Office of the
President shall Issue guidelines to the Fed-
eral agencies and the States to assist them
in carrying out the requirements of this
Act The Executive Office shall submit pro-
posed guidelines to the Secretary, the Board,
the heads of agencies represented on the
Board, and representatives of State and local
governments, and shall coi'sider their com-
ments prior to formal issuance of such
guidelines.
(b) The Secretary, after appropriate con-
sultation with representatives of the States
and, where appropriate, representatives of
local governments, and upon the advice of
the Board and the heads of Federal agencies
represented on the Board, shall promulgate
rules and regulations to Implement the
guidelines formulated pursuant to subsec-
tion (a) of this section and to administer this
Act. except with respect to subsection (g) of
section 305 of this Act.
BIENNIAL REPORT
Sec. 503. The Secretary, with the assistance
of the Office and the Board, shall report bi-
ennially to the President and the Congress
on land resources, uses of land, and current
and emerging problems of land use.
tTTILIZATION OF PERSONNEL
Sec. 504. Upon the request of the Secretary,
the head of any Federal agency is authorized:
(I) to furnish to the Office such information
as may be necessary for carrying out the
functions of the Office and as may be avail-
able to or procurable by such agency, and
(II) to detail to temporary duty with the
Office, on a reimbursable basis, such person-
nel within his administrative jurisdiction as
the Office may need or believe to be useful for
carrying out its functions, each such detail
to be without loss of seniority, pay, or other
employee status.
TECHNICAL ASSISTANCE
Sec. 505. The Office may provide, directly
or through contracts, grants, or other ar-
rangements, technical assistance to any
State found eligible for grants pursuant to
this Act to assist such State in the perform-
ance of its functions under this Act.
HEARINGS AND RECORDS
Sec. 506. (a) For the purpose of carrying
out the provisions of this Act, the Director,
with the concurrence of the Secretary, may
hold such hearings, take such testimony, re-
ceive such evidence, and print or otherwise
reproduce and distribute so much of the pro-
ceedings and reports thereon as he deems
advisable.
(b) The Director is authorized to admin-
ister oaths when he determines that testi-
mony shall be taken or evidence received
under oath.
(c) To the ext€nt permitted by law, all
January 9, 1973
CONGRESSIONAL RECORD — SEN ATE
663
-pproprlate records and papers of the Office
shall be made avaUable for public Inspection
during ordinary office hours.
ALLOTMENTS
Sec 507. (a) Annual grants authorized by
section 301 to States found eligible for finan-
cial assistance pursuant to this Act shall be
made in amounts not to exceed 66Z'3 per
centum of the estimated cost of developing
the State land use programs for the two com-
plete fiscal year period following the enact-
ment of this Act and amounts not to exceed
one-half of such cost for the next three
fiscal vears.
(b) Grants pursuant to this Act shall be
allocated to the States on the basis of regu-
lations of the Secretary, which regulations
shall take into account the amount and
nature of each State's land resource base,
population, pressures resulting from growth,
financial need, and other relevant factors.
(c) Any grant pursuant to this Act shall
Increase, and not replace. State funds pres-
ently available for State land use planning
and'management activities. Any grant made
pursuant to this Act shall be in addition to.
and may be used Jointly with, grants or other
funds available for land use planning, pro-
grams surveys, data collection, or manage-
ment under other federally assisted programs.
(d) No funds granted pursuant to this Act
may be expended for the acquisition of any
Interest in real property.
PAYMENTS
Sec 508. The method of computing and
paying amounts pursuant to this Act shall be
as follows:
(a) The Secretary shall, prior to the begin-
ning of each calendar quarter or other pe-
riod prescribed by him, estimate the amounts
to be paid to each State under the provisions
of this Act for such period, such estimate
to be bpsed on such records of the States
and information furnished by them, and
such other investigation as the Secretary may
deem necessary.
(b) The Secretary shall pay to a State, from
the allotments available therefor, the
amounts so estimated by him for any pe-
riod, reduced or Increased, as the case may
be, by any sum (not previously adjusted
under this paragraph) by which he finds that
his estimate of the amount to be paid such
State for any prior period under this Act
was greater or less than the amount which
should have been paid to such State for
such prior period under this Act. Such pay-
ments shall be made through the disburs-
ing facilities of the Department of the Treas-
ury, at such times and in such installments
as the Secretary may determine.
two fiscal years following the enactment of
this Act and 830.000,000 for each of the
next three fiscal years.
Sec. 511. For each of the five full fiscal
years following the enactment of this Act.
there are authorized to be appropriated
$10,000,000 to the Secretary to be used ex-
clusively for the administration of this Act.
After the end of the fourth fiscal year after
the enactment of this Act, the Secretary shall
review the programs established by this Act
and shall submit to Congress his assessment
thereof and such recommendations for
amendments to the Act as he deems proper
and appropriate.
EFFECT ON EXISTING LAWS
Sec. 512. Nothing In this Act shall be con-
strued—
(a) to expand or diminish Federal. Inter-
state or State Jurisdiction, responsibility, or
rights In the field of land and water resources
planning, development or control; to displace,
supersede, limit, or modify any interstate
compact or the jurisdiction or responsibility
of any legally established Joint or common
agency of two or more States, or of two or
more States, a State, or a region and the Fed-
eral Government: to limit the authority of
Congress to authorize and fund projects;
(b) to change or otherwise affect the au-
thority or responsibility of any Federal of-
ficial in the discharge of the duties of his
office except as new authority or responsi-
bilities have been added by the provisions of
this Act;
(c) as superseding, modifying or repealing
existing laws applicable to the various Fed-
eral agencies which are authorized to develop
or participate In the development of land
and water resources or to exercise licensing
or regulatory functions in relation thereto:
or to affect the jurisdiction, powers, or pre-
rogatives of the International Joint Com-
mission. United States and Canada, the Per-
manent Engineering Board and the United
States operating entity or entities estab-
lished pursuant to the Columbia River Basin
Treaty, signed at Washington, January 17
from the 92d Congress is comprehensive
amendments to the National Flood In-
surance Act. Just last year large areas
of our Nation were devastated by floods
left in the wake of tropical storm Agnes.
From this storm alone damage estimates
exceeded $3 billion. Of this amount only
$5 million was covered by the national
flood insurance program.
Hundreds of thousands of our citizens
residing in New Jersey. Pennsylvania,
New York and Virginia were left desti-
tute. Homes were washed away and prop-
erty damage reached astronomical pro-
portions. The Congress reacted swiftly
to this crisis and enacted emergency dis-
aster relief legislation. But we all know-
that permanent solutions are necessary.
Small business disaster relief loans still
must be repaid. And no matter how low
the interest rate is set, the monthly pay-
ments place imdue burdens on people
who have already paid immeasurably in
terms of himian suffering.
One of the most shocking facts un-
covered by last years floods was that de-
spite the availability of Government sub-
sidized flood insurance, many homeown-
ers and small businessmen had not pur-
chased policies. To date there are only
90,000 flood insurance policies in effect
throughout the United States.
This is not the time for recriminations
or attempts to affix the blame for such a
woeful lack of coverage. It would be all
too easy to point the finger at the admin-
istration or at local officials for not ade-
quately publicizing the program. Private
insurance companies could also be called
to task for not urging their salesmen to
sell flood insurance policies at the grass-
roots level. Perhaps the act Itself is at
fault for limiting coverage to structures
1961. "or the International Boundary and containing a maximum of four dwelling
Water Commission. United States and ^^^ ^^^ ^^ $17,500 on a one family house
and to $5,000 on its contents. But this is
all in the past. Constructive, remedial ac-
tion is now necessary.
Tlierefore. I am today introducing
Mexico;
(d) as granting to the Federal Government
any of the constitutional or statutory au-
thority now possessed by State and local gov-
ernments to zone non-Federal lands
FINANCIAL RECORDS
Sec 509. (a) Each recipient of a grant
(e) to delay or otherwise limit the adop- comprehensive amendments to the Na-
tion and vigorous enforcement by any State ^^jonal Flood Insurance Act which will in
of standards, criteria, emission or effluent ■ —
limitations, monitoring requirements, or Im-
plementation plans which are no less
stringent than the standards, criteria, emis-
sion or effluent limitations, monitoring re-
quirements, or Implementation plans re-
quired by the Federal Water Pollution Con-
my opinion go a long way toward cor-
recting these deficiencies. ^
Under my bill the maximum amount of
insurance coverage available on single
dwelling imits, multiple dwelling units,
._, ^ „„ ^ . and small businesses would be increased.
pursuant to this Act shall make reports and trol Act. the Clean Air Act. or other Federal r^^ legislation would also extend cov-
evaluatlons in such form, at such times, and
containing such information concerning the
status, disposition, and application of Fed-
eral funds and the operation of the statewide
land use planning process or State land use
program as the Secretary may require by reg-
ulations published In the Federal Register,
and shall keep and make available such rec-
ords as may be required by the Secretary for
the verification of such reports and evalua-
tion.
(b) The Secretary and the Comptroller
General of the United States, or any of their
duly authorized representatives, shall have
access for the purpose of audit and exami-
nation to any books, documents, papers, and
records of a recipient of a grant pursuant to
this Act which are pertinent to the deter-
laws controlling pollution, and
(f ) to adopt any Federal policy or require-
ment which would prohibit or delay States or
local governments from adopting or enforc-
ing any law or regulation which results In
prohibition or control to a degree greater
than required by this Act of land use devel
erage to all residential properties.
Our experience with Hurricane Agnes
have proven that even in the limited in-
stances where flood insurance was m ef-
fect it did not cover actual damage.
Homeowners and small businessmen
opment In any area over which the State after paying premiums found they were
or local government exercises Jurisdiction. ^^~ covered for a portion of the loss
which was incurred. This, in my opinion.
By Mr. WILLIAMS: ^g ^n unrealistic approach to insurance
S. 269. A bill to amend the National coverage which should not be tolerated
Flood Insurance Act of 1968 to increase j ^^ therefore, proposing that for a one-
flood insurance coverage, to authorize family residence Federal subsidized flood
the acquisition of certain properties, to insurance coverage be increased from
require knovm flood-prone communities $17500 to $25,000, that for a single struc-
to participate in the program, and for ture containing two dwelling units aggre-
mination that funds granted pursuant to other purposes. Referred to the Commit- „ate coverage be increased from $30,000
this Act are u..ed ,n accord.nc. w.tH ty„« Act ^^^ on Banking, Housing and Urban Af - fo $42 500 and that for each unit in ex-
fairs. "
NATIONAL FLOOD INStniANCE ACT AMENDMENTS
Mr. WILLIAMS. Mr. President, one of
the major legislative proposals left over
this Act are used In accordance with this Act
AITTHORIZATION OF APPROPRIATIONS
Sec. 510. To carry out the purposes of this
Act, there are authorized to be appropriated
to the Secretary for grants to the States not
more than $40,000,000 for each of the first
cess of two an additional $15,000 in cov-
erage be made available.
Currently the contents of a dwelling
unit may only be insured at the federally
6&i
CONGRESSIONAL RECORD — SEN ATE
January 9, 1973
subsidized rate for $5,000. This figure
is totally inadequate to meet replacement
costs at today's prices. My bill would
double this amount to $10,000. For small
businesses, which were particularly hard
hit by flood damage, my bill would in-
crease coverage from $30,000 to $42,500
on the structure and from $5,000 to
$10,000 on its contents.
My bill also creates greater incentives
for individuals to purchase flood insur-
ance. Coverage would upon enactment
become a prerequisite for receiving Fed-
eral mortgage insurance guarantees or
for receiving loans from federally in-
sured or federally regulated financial
institutions. In addition beginning on
July 1, 1975. Federal mortgage insurance
or guarantees. lending by federally in-
sured or regulated financial institutions
and other forms of Federal assistance
for financing the capital costs of con-
struction and equipment would not be
available to individuals or businesses in
designated flood prone areas unless the
community has taken the steps necessary
to qualify for participation in the pro-
gram, and has been accepted.
Finally, the bill corrects a deficiency
in existing law and encourages orderly
planning and improved land use. It al-
lows the flood insurance program in the
case of disasters or catastrophic flood
which destroy more than 50 percent of
a facility to make total damage payments
and to acquire the facility and land for
other uses which are more appropriate
in flood-prone areas. In addition, where
It can be shown that the imsubsidized
actuarial charges exceed the value of a
given property over a period of 4 years,
such property may be purchased through
a flood plain clearance program as part
of the national flood insurance program.
Mr. President, the Federal flood insur-
ance program was intended to insure our
Nation's citizens against property dam-
age caused by floods. Unfortunately, our
experiences over the past several years,
which culminated with Hurricane Agnes,
show without a shadow of doubt that
there are serious inadequacies in the pro-
gram. My bill will go a long way toward
curing these inadequacies and toward
making flood insurance coverage avail-
able in realistic amounts to all of our
Nation's citizens.
Mr. President. I now ask unanimous
:onsent for the full text of the National
Flood Insurance Act Amendments to be
printed at this point in the Record.
There being no objection, the bill was
Drdered to be printed in the Record, as
follows :
S. 269
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled.
COVER.fGE OF ALL RESIDENTML PROPERTIES;
INSURANCE LIMITS
Section 1. la) Section 1305(a) of the
National Flocd Insurance Act of 1968 is
imended by striking out 'which are designed
'.OT the occupancy of from one to four
'amilies".
lb) Section 1305(b) of such Act is
innnded by striking out clause lA), and by
•edesignatlng clauses (B) through (E) as
clauses (.\i through (D). respectively.
(c) Section 1306(b)(1)(A) of such Act is
imended to read as follows :
"(A) in the case of residential proper-
ties—
"(i) (I) for a one-family residence or other
dwelling structure containing one dwelling
unit, an aggregate liability of $25,000,
■•(II) for a single dwelling structure con-
taining two dwelling units, an aggregate 11-
abUlty of $42,500. cr
"(III) fcr a single dwelling structure con-
taining more than two dwelling units, an
aggri-gate liability equal to the sum of $42,500
plus $15,000 for each such unit in excess of
two; and
"(11) an aggregate liability of $10,000 per
dwelling unit for any contents related to such
unit;".
■ (d) Section 1306(b) 1 1 ) (B) Is amended —
(1) by striking out "$30.000" each place it
appears therein and inserting In lieu there-
of '■$42.500"; and
(2) by striking out "$5,000" and Inserting
in lieu thereof "$10,000".
PURCHASING OP FLOOD INSURANCE
Sec. 2. (a) No Federal officer or agency
shall approve any financial assistance for
acquisition or construction purposes on and
after July 1, 1974. for use In an area that
has been Identified by the Secretary as an
area having special flood hazards and In
which the sale of flood Insurance Is author-
ized under the Act. unless the building or
mobile home and any personal property to
which such financial assistance relates Is,
during the anticipated economic or useful
life of the project, covered by flood Insurance
in an amount at least equal to Its develop-
ment or project cost (less estimated land
cost) or to the maximum limit of coverage
authorized for the particular type of property
under the Act, whichever Is less: Provided,
That if the financial assistance provided Is In
the form of a loan or an Insurance or
guaranty of a loan, the amount of flood
insurance required need not exceed the out-
standing principal balance of the loan and
need not be required beyond the term of the
loan.
(b) Each Federal Instrumentality respon-
sible for the supervision, approval, regula-
tion, or insuring of banks, savings and loan
associations, or similar Institutions shall by
regulation direct such Institutions on and
after July 1, 1974, not to make. Increase, ex-
tend, or renew any loan secured by Improved
real estate or a mobile home located or to be
located in an area that has been Identified
by the Secretary as an area having special
flood hazards and In which the sale of flood
Insurance Is authorized under the Act, unless
the building or mobile home and any per-
sonal property securing such loan Is covered
for the term of the loan by flood Insurance
in an amount at least equal to the outstand-
ing principal balance of the loan or to the
maximum limit of coverage authorized for
the particular type of property under the
Act. whichever Is less.
NOTIFICATION TO FLOOD-PRONE AREAS
Sec. 3. (a) Not later than six months fol-
lowing the enactment of this title, the Secre-
tarj- shall publish information In accordance
with subsection 1360( 1 ) of the Act, and shall
notify the chief executive officer of each
known flood-prone community not already
participating In the national flood Insurance
program of its tentative identification as a
community containing one or more areas
having special flood hazards.
(b) After such notification, each tentative-
ly identified community shall either (1)
promptly make proper application to partici-
pate In the National Flood Insurance Pro-
gram or (2) within six months submit tech-
nical data sufficient to establish to the satis-
faction of the Secretary that the community
either Is not seriously flood-prone or that
such flood hazards as may have existed have
been corrected by floodworks or other flood
control methods. The Secretary may. In his
discretion, grant a public hearing to any
community with respect to which conflicting
data exist as to the nature and extent of
a flood hazard. Whether or not such hearing
is granted, the Secretary's final determina-
tion as to the existence or extent of a flood
hazard area in a particular community shall
be deemed conclusive for the purposes of
this Act and shall not be subject to judicial
review unless arbitrary and capricious.
(c) As Information becomes available to
the Secretary concerning the existence of
flood hazards In communities not known to
be flood-prone at the time of the initial noti-
fication provided for by subsection (a) of
this section, he shall provide similar notifi-
cations to the chief executive officers of
such additional communities, which shall
then be subject to the requirements of sub-
section (b) of this section.
(d) Formally Identified flood-prone com-
munities that do not qualify for the national
flood insurance program within one year
after such notification or by the date speci-
fied in section 4. whichever is later, shall
thereafter be subject to the provisions of
that section relating to flood -prone com-
munities which are not participating in the
program.
EFFECT OF NON-PARTICIPATION
Sec 4. (a) No Federal officer or agency
shall approve any financial assistance for
acquisition for construction purposes on and
after July 1, 1975, for use in any area that
has been identified by the Secretary as an
area having special flood hazards unless the
community in which such area is situated
is then participating in the national flood
Insurance program.
(b) Each Federal Instrumentality respon-
sible for the supervision, approval, regula-
tion, or Insuring of banks, savings and loan
associations, or similar Institutions shall by
regulation prohibit such Institutions on and
after July 1, 1975, from making, increasing,
extending or renewing any loan secured by
improved real estate or a mobile home
located or to be located In an area that has
been Identlfled by the Secretary as an area
having special flood hazards, unless the com-
munity In which such area is situated is
then participating In the national flood In-
surance program.
PURCHASE OF CERTAIN PROPERTIES
Sec 5. (a) Section 1362 of the National
Flood Insurance Act of 1968 is amended —
(1) by inserting the subsection designa-
tion "(a)" after "Sec 1362."; and
(2) by adding at the end thereof the
following new subsections :
"(b) The Secretary shall, under such
regulations as he may prescribe, pay the
full amount of the loss in the case of any
property substantially destroyed by cata-
strophic flood. For the purposes of this sub-
section—
"(1) a property Is 'substantially destroyed'
If the damage thereto by flood exceeds 50
per centum of the value of the property prior
to the occurrence of the flood; and
"(2) the term 'catastrophic flood' means
a flood constituting a natural disaster occur-
ring in an area in which a disaster of that
magnitude could reasonably be expected to
occur at least once In a period of one hun-
dred years.
The Secretary shall enter Into negotiations
with the owner of real property or any
Interest therein which was substantially de-
stroyed by catastrophic flood and was cov-
ered by flood insurance under this title, and
may purchase such property cr interests for
subsequent transfer In the manner and sub-
ject to the limitations prescribed in sub-
section (a) .
"(c) The Secretary may. in order to reduce
estimated premium rates established under
section 1307(a)(1) enter into negotiations
with any owner of real property or interest
Jaiiuanj 9, 1973
CONGRESSIONAL RECORD — SENATE
665
therein for which the premiums under such
Bsction over a period of four years would
exceed the value of that property or Interest,
and may purchase such property or Interest
for retention or for subsequent transfer in
the manner and subject to the limitations
prescribed In subsection (a)."
(b) The caption of such section Is
amended by striking out "insured".
DEFINITIONS
Sec 6. Section 1370 of the National Flood
Insurance Act of 1968 Is amended to read as
follows :
(7) "community" means a State or any
other political subdivision containing a unit
of general local government or other au-
thority having zoning and building code
Jurisdiction over a particular area having
special flood hazards;
(8) "Federal agency" means any de-
partment, agency, corporation, or other en-
tity or instrumentality of the executive
branch of the Federal Government, and
shall include the following federally spon-
sored agencies: Federal National Mortgage
Association and Federal Home Loan Mort-
gage Corporation;
(9) "financial assistance" means any form
of loan, grant, guaranty. Insurance, pay-
ment, rebate, subsidy, disaster assistance
loan or grant, or any other form of direct
or indirect Federal financial assistance, other
than general or special revenue sharing or
formula grants made to States;
(10) "financial assistance for acquisition
or construction purposes" means any form
of financial assistance which is intended in
whole or in part for the acquisition, con-
struction, reconstruction, repair, or improve-
ment of any publicly or privately owned
building or mobile home, and for any ma-
chinery, equipment, fixtures, and furnish-
ings contained or to be contained therein,
and shall include the purchase or subsidiza-
tion of mortgages or mortgage loans but
shall exclude assistance for emergency work
essentLil for the protection and preserva-
tion of life and property performed pursuant
to the Disaster Relief Act of 1970.
(Ill "Federal Instrumentality responsible
for the supervision, approval, or regulation
of banks, savings and loan associations, or
similar institutions ' means the Board of
Governors of the Federal Reserve System,
the Federal Deposit Insurance Corporation,
the Comptroller of the Currency, the Fed-
eral Home Loan Bank Board, the Federal
Savings and Loan Insurance Corporation,
and the National Credit Union Admlnlstra-
lion; and
AUTHORTTY TO ISStJE REGULATIONS
Sec 7. (a) The Secretary is authorized to
Issue such regulations as may be necessary
to carry out the purp>ose of this Act.
(b) The head of each Federal agency that
administers a program of financial assist-
ance relating to the acquisition, construc-
tion, reconstruction repair, or improvement
of publicly or privately owned land or fa-
cilities, and each Federal instrumentality
responsible for the supervision, approval, or
regulation of banks, savings and loan as-
sociations, or similar institutions, shall. In
cooperation with the Secretary, Issue ap-
propriate rules and regulations to govern the
carrying out of the agency's responsibili-
ties under this Act.
ByMr.BURDICK:
S. 271. A bill to improve judicial ma-
chinery by amending the requirement for
a three- judge court in certain cases and
for other purposes. Referred to the Com-
mittee on the Judiciary.
THREE-JUDGE COURTS
Mr. BURDICK. Mr. President, one of
the most burdensome areas of Federal
jurisdiction is the requirement for spe-
cial three-judge district courts in cases
seeking injunctions against the enforce-
ment of State or Federal laws on the
grounds of their imconstitutionality.
THE BURDEN OF THREE- JUDGE COURTS
In the years from 1955 to 1959, the
average number of three-judge court
cases heard was 48.8 per year. In the
years from 1960 to 1964. the average
per year was 95.6 such cases. Since fiscal
year 1968, the number of three-judge
court cases has continued to grow at an
explosive rate. The burden of these cases
can be further seen from the following
table.
TABLE 1. 3-JUDGE COURT HEARINGS BY NATURE OF SUIT. FISCAL YEARS 1963 72
Suits involving State or local
laws or regulations
Fiscal year
1963.-..
1964 ...
1955 ...
1966
19G7 ...
1968 ...
1969 ....
1970 ...
1971
1972
Review ol
Reappor-
Other
otal
ICC orders
Civil rights
tJoninent
actions
120
67
19
16
27
119
50
21
18
30
147
60
35
17
35
162
72
40
28
22
171
64
55
10
42
179
51
55
6
67
215
64
81
1
69
291
42
162
8
79
318
41
176
2
99
310
52
166
32
60
Source: Data from the Annual Report of the Director of the Administrative Office of the U.S. Courts, (1972).
Thus, the number of three-judge court
cases has increased 73 percent in the 5
years since 1968.
The three-judge court provisions im-
pose a considerable burden on the Fed-
eral courts because whenever such a court
is required, a second district judge, as
well as a judge of a circuit court of ap-
peals, must be brought in to hear and
determine the c?.se along with the dis-
trict judge in whose court the case was
filed. In most parts of the country, the
two additional judges must come from
another city or State, leaving the work
that they would ordinarily be doing in
tlieir owTi courts, to serve on a three-
judge court.
JURISDICTIONAL UNCERTAINTIES
In addition to the burden of these cases
on the Federal judiciary, there is also a
great deal of difficulty in determining
when a three- judge court is required
imder the present statute. Basically, for
section 2281 of title 28 to be applicable, a
State statute or administrative order
must be challenged, a State officer must
be a party defendant, injunctive relief
must be sought, and it must be claimed
that the statute or order is contrary to
the Constitution of the United States.
The same rules are. in general, applica-
ble to challenges to Federal statutes
under section 2282.
The application of the apparently
simple criteria listed above has been, in
fact, the nemesis of three- judge courts;
for, if a threshold determination on any
of the criteria is incorrectly made, a
three-judge court is unnecessary, and
complex appellate review problems arise.
For example, while a three-judge court
is required if a State statute is chal-
lenged, such a court is not required where
the act of the State legislature has only
local application. For a recent case in-
volving the question of the "local applica-
tion" doctrine, see Board of Regents of
University of Texas System v. New Left
Education Project. 404 U.S. 981 < 1972 ) .
Another difficulty arises because the
Supreme Court has held that a three-
judge court is unnecessary in an action
for declaratory judgment, yet often a
complaint is ambiguous as to whether
injunctive or declaratory relief is sought.
Furthermore, a three-judge court is to
be convened only where a complaint seeks
injunctive relief. It is not necessary if
the constitutionality of a statute is drawn
into question without any prayer to en-
join enforcement. Fleming v. Nester. 362
U.S. 603 1 1960) . Thus many cases raising
constitutional questions are now heard
and decided by a single judge since no
injimctive relief is requested.
As if the difficulties in determining
when a three -judge court is required are
not enough, the rules on appellate review
of whether such a court is needed are so
complex as to be virtually beyond belief.
In summary, the three-judge court
generates rather than lessens litigation,
and the elimination of the requirement of
three-judge courts as proposed in this
bill would increase the efficiency of our
judicial system to the benefit of litigants,
lawyers, and judges alike. It would free
them from debating obtuse statutory
clauses and allow them to focas on the
merits of the litigation they have
brought.
STATUTORY AND RULES CHANGES HAVE ELIMI-
NATED THE ORIGINAL REASONS FOR THE
ESTABLISHMENT OF THREE-JUDGE COURTS
The original rationale for the three-
judge court has long been obsolete and.
as one commentator pointed out. began
to disappear soon after the original legis-
lation was enacted in 1910. The Three-
Judge Court Act was responsive to a sit-
uation in which many railroads and
utilities attacked State rate fixing and
tax laws. This created a deluge of appli-
cations for injimctive relief, ex parte, on
the basis of affidavits alone, with no
limits on the judge's discretion to con-
tinue interlocutory injunctions and tem-
porary restraining orders indefinitely.
The Three-Judge Court Act was in-
tended to end this arbitrar>- exercise of
authority. However, the original prob-
lems were largely obviated 2 years after
the passage of that act when the Federal
Equity Rules were revised, extending to
all injunctive ca-ses much of the same
protective procedures which the 1910 act
had provided for by three- judge court
proceedings. The equity rules were
changed to prohibit Federal courts from
>66
CONGRESSIONAL RECORD — SENATE
January <?, 197s
granting ex parte temporary restraining
irders for extended periods of time and
;o make Federal judges take some evi^
lence before even preliminary injunc-
;lons were issued against the enforce-
ment of State statutes. So. to a con-
siderable extent, the reason for the
original legislation was obviated, very
;oon after it was passed.
Later two other important statutes
urther restraining the power of the Fed-
eral courts to enjoin State action were
macted. In the Johnson Act of 1934. now
28 U.S.C. section 1342. Congress took
iway certain injunctive power with re-
ipect to State public utility rate orders.
n the Tax Injunction Act of 1937. now
18 U.S.C. section 1341. Congress re-
tricted Federal injunctions with respect
o State taxes. The effect of these stat-
ues was to limit the ability of a Federal
:ourt to interfere precipitously with the
)peration of State tax and public utility
jrograms whenever there was a "plain.
:peedy. and efficient remedy" available
n a State court.
; ECISIONAL LAW HAS PROVIDED ITS OWN SAFE-
GUARDS AGAINST PRECIPITOrS INJUNCTIVE AC-
TION BY FEDERAL JUDGES
In its recent opinions, the Supreme
Court has provided restrictions on Fed-
( iral injunctions that further obviate the
need for three-judge courts. In younger
' '. Harris. 401 U.S. 37 0971 > . the Supreme
Court held that injunctive relief against
u pending State criminal prosecution is
not available except in exceptional cir-
( umstances. as when the prosecution is
i n the nature of a bad faith harassment
(if the defendant in the exercise of his
.federal rights. Furthermore, the Su-
preme Court has recently clarified the
iipplication of the abstention doctrine.
Jnder the abstention doctrine, a Federal
( ourt will stay the exercise of its juris-
diction where a case involves an unset-
' led issue of State law which, if decided.
( ould avoid the necessity of deciding any
( onstitutional claims asserted. Askew v.
•iargrave. 401 U.S. 476 (1971).
In Reetz v. Bozanich. 397 U.S. 82
' 1970>. abstention was ordered in a case
i nvolving fishing rights where the Alaska
Constitution contained a unique, unin-
t erpreted provision specifically related to
conservation of the State's marine re-
sources. This pattern of decisions clearly
precludes the sort of precipitous Intru-
sion in the State legal processes by a
single Federal judge that the original
"hree- Judge Court Act sought to con-
trol. *
Thus, the rationale that gave life to the
ttiree-judge court in 1910 has all but
( isappeared.
WITNESSES URGE LEGISLATUT: ACTION
In hearings before the Subcommittee
c n Improvements in Judicial Machinery,
ttie chief judges of the Second. Third,
rourth. and Fifth Circuit Courts of Ap-
peal urged the repeal of three-judge
( ourt statutes. Judge Skelly Wright from
the U.S. Court of Appeals for the Dis-
trict of Columbia, testifying on behalf
( f the Judicial Conference, also advo-
cated the general abolition of three-
judge courts. Prof. Charles Alan Wright
(f the University of Texas Law School
strongly urged that legislation to elimi-
late the requirement for three- judge
courts in most cases be given prompt at-
tention because of the great burden that
these cases are now placing upon the
Federal court system. In accordance with
the recommendations of these witnesses,
S. 3653 (92d Cong.) was introduced on
May 30. 1972. The bill I am introducing
today is, except for technical corrections,
identical to that bill. It eliminates the
requirement for three-judge courts in
cases seeking injunctions against the en-
forcement of State or Federal laws on
the basis of their unconstitutionality,
except where such courts are required
by an act of Congress or in cases involv-
ing the apportionment of congressional
districts or the apportionment of any
statewide legislative body. It was felt as
to these reapportionment cases that they
are of such importance that a three-
judge court should continue to be re-
quired.
S. 3653 was favorably reported by the
Subcommittee on Improvements in Ju-
dicial Machinery to the full Judiciary
Committee on October 9. 1972. It was
also approved by the Judicial Conference
during its October 1972 meeting. Addi-
tionally, the proposals in this bill were
endorsed in the "Report of the Study
Group on the Caseload of the Supreme
Court," Federal Judicial Center (1972).
I am reintroducing the bill at this time
so that it may be given early considera-
tion in this session of the 93d Congress.
Mr. President, without objection, I
would like the text of the bill inserted in
the Record at this point.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
S. 271
Be it enacted by the Senate and House of
Representatives of the United States of Amer-
ica in Congress assembled. That section 2281
of title 28. United States Code, Is repealed.
Sec. 2. That section 2282 of title 28, tJnlted
States Code. Is repealed.
Sec. 3. That section 2284 of title 28, United
States Code, Is amended to read as follows:
"5 2284, Three-Judge Court: When Re-
quired; Composition: Procedure
"(a) A district court of three Judges shall
be convened when otherwise required by Act
of Congress, or when an action Is filed chal-
lenging the constitutionality of the appor-
tionment of congressional districts or the
apportionment of any statewide legislative
body.
"(b) In any action required to be heard
and determined by a district court of three
Judges under subsection (a) of this section,
the composition and procedure of the court
shall be as follows:
"(1) Upon the filing of a request for three
Judges, the judge to whom the request is
presented shall, unless he determines that
three Judges are not required, Immediately
notify the chief Judge of the circuit, who
shall designate two other Judges, at least
one of whom shall be a circuit Judge. The
judges so designated, and the Judge to whom
the request was presented, shall serve as
members of the court to hear and deter-
mine the action or proceeding.
"(2) If the action is against a State, or
officer or agency thereof, at least five days'
notice of hearing of the action shall be given
by registered or certified mall to the Gov-
ernor and attorney general of the State. The
hearing shall be given precedence and held
at the earliest practicable day.
'•(3) A single Judge may conduct all pro-
ceedings except the trial, and enter all orders
pernvltted by the rules of civil procedure ex-
cept as provided in this subsection. He may
grant a temporary restraining order on a spe-
cific finding, based on evidence submitted
that specified Irreparable damage will result
If the order is not granted, which order, un-
less previously revoked by the district Judge
shall remain In force only until the hearing
and determination by the district court of
three Judges of an application for a pre-
liminary Injunction. A single Judge shall not
appoint a master, or order a reference, or
hear and determine any application for a
preliminary or permanent injunction or mo-
tion to vacate such an injunction, or enter
Judgment on the merits. Any action of a
single Judge may be reviewed bv the full
court at any time before final judgment."
Sec. 4. The analysis of chapter 155 of title
28. United States Code, is amended to read
as follows:
"Sec.
•'2281. Repealed.
■■2282. Repealed.
"2283. Stay of State court proceedings.
■■2284. Three Judge district court: when re-
quired; composition; procedure."
Sec. 5. (a) Section 2403 of title 28. United
States Code, is amended—
(1) by inserting the subsection "(a)" im-
mediately before "In" and
(2) by adding at the end thereof the fol-
lowing new subsection:
"(b) In any action, suit, or proceeding In
a court of the United States to which a State
or any agency, officer, or employee thereof
is not a party, wherein the constitutlonalitv
of any statute of that State affecting the
public Interest Is drawn in question, the
court shall certify such fact to the attorney
general of the State, and shall permit the
State to intervene for presentation of evi-
dence, if evidence is otherwise admissible in
the case, and for argument on the question
of constitutionality. The State shall, subject
to the applicable provisions of law, have all
the rights of a party and be subject to all
liabilities of a party as to court costs to the
extent necessary for a proper presentation of
the facts and law relating to the question
of constitutionality."
(b) The catchline to section 2403 of title
28. United States Code. Is amended to read
as follows:
"§ 2403. Intervention by United States or a
State; constitutional question"
Sec. 6. Item 2403 of the analysis of chapter
161. of title 28. United States Code, is amend-
ed to read as follows :
"2403. Intervention by United States or a
Stare; constitutional question."
Sec. 7. This Act shall not apply to any
action commenced on or before the date of
enactment.
By Mr. CANNON:
S. 272. A bill to amend the Communi-
cations Act of 1934 with respect to the
consideration of applications for renewal
of station licenses. Referred to the Com-
mittee on Commerce.
CONSIDERATION OF APPLICATIONS FOR RENEWAL
OF RADIO AND TV STATION LICENSES
Mr. CANNON. Mr. President, the Com-
munications Act of 1934, as amended, re-
quires that every broadcast license be
renewed at least once ever>' 3 years. At
renewal time, anyone whom the Federal
Communications Commission finds le-
gally, technically, and financially quali-
fied may file a competing application for
the frequency or channel on which the
incumbent licensee operates.
When this occurs the Communications
Act also requires the FCC to hold a com-
parative hearing to determine which ap-
plicant would better serve the public in-
Jannary 9, 1973
CONGRESSIONAL RECORD — SENATE
667
terest. Since these applications are
mutually exclusive, grant to one party
necessarily means denial to the other.
Until a few years ago, a broadcast
licensee who had conscientiously and ef-
fectively served the needs and interests
of his community, and who promised to
continue to do so at renewal time could
reasonably expect to prevail against a
competing applicant. In other words, his
proven track record counted for some-
thing. This was the Commission policy
enunciated in the WBAL case many years
ago.
In 1969, however, the Commission ren-
dered its decision in WHDH. In that case
the incumbent licensee's renewal appli-
cation was denied, and a competing ap-
plication was granted. As a consequence
of that decision grave doubt and uncer-
tainty were cast on the continued efficacy
of the Commission's WBAL policy.
These fears materialized in the post-
WHDH days as a rash of competing ap-
plications were filed against incumbents
seeking license renewal.
Mr. President, it was not accidental
that the framers of the Communications
Act provided a mechanism for competing
applications at license renewal time.
After all, the airwaves belong to the pub-
lic, and no one is entitled to a license in
perpetuity to use them.
It was felt that as long as a licensee
knew that failure to serve his community
of license fully and effectively would
make him vulnerable to someone who
would undertake to do so. he would be
spurred to greater effort in the public
interest.
Conversely, if a licensee conscientiously
undertook to discharge his obligation,
and in fact did perform as he promised,
it was only sound public interest policy
to give him a reasonable expectation that
his efforts counted for something at re-
newal time. Otherwise, chances were the
commitment and investment necessary
to give the public the service to which it
is entitled would be marginal at best.
This is why, Mr. President, the legis-
lation I am introducing today has one
purpose, and one purpose only — to assure
the American people who own the public
airwaves that they are receiving the best
service possible from the radio and tele-
vision licensees privileged to use their
property. It will promote the public in-
terest by providing stability for those
broadcasters who are conscientiously and
effectively serving their communities of
license.
As I have mentioned, Mr. President,
that stability has been undermined as a
consequence of the WHDH decision.
Under this proposal when a broadcast
licensee files an application for renewal
of his license and a competing applica-
tion is filed, the following would take
place:
First. The FCC would treat the re-
newal application as if it were uncon-
tested for purposes of finding:
(a) That during the immediately
preceding license period the applicant's
performance reasonably fulfilled the
promises he made in order to receive that
license, including a finding that the li-
censee's operation during that period was
not otherwise characterized by serious
deficiencies; and
(b) Tliat the application for re-
newal demonstrates a positive and con-
tinuing effort by the applicant to ascer-
tain and meet the community needs and
interests.
Second. If the Commission is able to
make these findings then a rebuttable
presumption would arise that grant of
the renewal application would best serve
the public interest vis-a-vis the compet-
ing application.
The competing applicant would then
have to defeat the rebuttable presump-
tion by overcoming either of the Com-
mission's findings. Failure to do .so would
result in the renewal application being
granted.
If, on the other hand, the challenger
did succeed in overcoming the presump-
tion, or if the Commission was unable to
make the requisite findings in the first
instance, a comparative hearing would
ensue. Obviously, the licensee seeking re-
newal in either of these circumstances
would be imder a severe handicap, as he
should be.
Mr. President, this legislation does not
"lockin" the marginal or substandard
licensee. The Commission has outlined
in considerable detail what it expects
from licensees in terms of ascertaining
and meeting community needs and in-
terests.
Nothing in my proposal would protect
a license who has failed to meet these
standards from a challenger at renewal
time. In fact even if the Commission
finds a licensee's operation has and will
continue to serve the public interest, a
competing applicant would have a full
opportunity to overcome the Commis-
sion's findings.
Mr. President, the result this legisla-
tion seeks to achieve is neither proin-
cumbent. nor prochallenger. Likewise, it
it neither anti-incumbent, nor anti-
challenger.
Rather it is an attempt to maintain a
climate of competition tempered by sta-
bility where that stability is proven to
benefit the public. Where the status quo
does not benefit the public, of course, it
should be changed.
I would hope, therefore. Mr. President,
that hearings on this legislation will be
scheduled as soon as possible.
By Mr. HARTKE (for himself, Mr.
Thurmond, Mr. Randolph. Mr.
Cranston, Mr. Hughes, Mr.
Hansen, Mr. Mondale. Mr. Pell.
Mr. Williams, and Mr. East-
land) :
S. 275. A bill to amend title 38 of the
United States Code increasing income
limitations relating to payment of dis-
ability and death pension, and depend-
ency and indemnity compensation. Re-
ferred to the Committee on Veterans' Af-
fairs.
VETERANS' PENSIONS
Mr. HARTKE. Mr. President, today I
introduce a bill to protect and increase
non-service-connected pensions received
by veterans and their survivors. This bill
is identical to S. 4006 that was reported
from the Committee on Veterans' Affairs,
which I am privileged to chair, and
which unanimously passed the Senate on
October 11, 1972. Unfortunately, the
House in the press of business at the
closing of the 92d Congress did not act
upon this measure.
Members of the Senate will recall that
this bill was prompted by the 20-percent
increase in social security passed by Con-
gress this past July. Under the law, as a
veteran or survivor's outside income in-
creases his or her pension is accordingly
decreased. This has the effect of partially
or completely canceling the effect of any
social security increase for veterans or
their widows. A veteran's income for
purposes of determining the amount of
pension he receives is calculated at the
beginning of each year. As such this
means that the pension decreases occa-
sioned by 1972 social security legislation
will be reflected in their January 1973
pension check which is scheduled to be
delivered aroimd February 1 of this year.
Faced with these prospective decreases,
the Subcommittee on Compensation and
Pensions, of the Committee on Veterans'
Affairs, conducted hearings on Septem-
ber 12. 1972, concerning non-service-
connected pensions and the effect there-
on of the 20-percent increase in social
security benefits as provided for in Pub-
lic Law 92-336. At that time, the sub-
committee received testimony from
spokesmen from the Veterans' Adminis-
tration and various veterans' organiza-
tions. By agreement of the Subcommittee
on Compensation and Pensions. S. 4006
was referred without recommendation to
the full committee for consideration. The
full committee met in executive session
on September 26, 1972, to consider that
bill and other pension legislation before
it. The committee unanimously approved
and ordered favorably reported S. 4006
with an amendment in the nature of a
substitute.
Briefly that bill, as reported, would
as does the bill introduced today pro-
vide :
First, an increase in the annual in.
come limitations for eligible veterans
and their survivors receiving pension and
provide increases in the rates of pen-
sion averaging about 8 percent;
Second, an increase in the annual in-
come limitation of old law pensioners by
$400, and
Third, an increase in the annual In-
come limitation by $400 for parents re-
ceiving Dependency and Indemnity Com-
pensation— Die — and increase the rates
of Die for an average program benefit
increase of 8 percent.
Subsequently, the bill was passed
unanimously by the Senate on October
12, and referred to the House Committee
on Veterans' Affairs. The House did not
act on this measure in the closing days of
the session. Instead on October 16 the
distinguished chairman of the House
Committee on Veterans' Affairs in a
statement made on the floor of the
House of Representatives noted that
H.R. 1 was pending at that time, and
would provide for further increases in
social security benefits which might af-
fect veterans' pensions. Because of this,
he expressed the belief that it would be
more appropriate to "await the final out-
come of the pending H.R. 1." At the same
time, he assured his colleagues that he
would give consideration to non-service-
connected pensions following the con-
vening of the 93d Congress.
668
CONGRESSIONAL RECORD — SENATE
January 9, 1973
Given the fact that nearly 1.2 million
veterans and survivors will receiv? re-
duced veteran's pension checks et the end
of this month and another 20.000 will
drop from the rolls altogether, I do not
believe we can act too quickly on this
legislation. On the Senate side. I Ijelieve
we can proceed to rapid and prompt con-
sideration of the bill.
Mr. President, adoption of this bill will
a.ssure that almost all pensioners will
receive the full measure of social secu-
rity benefits v^ithout a reduction in this
pen.=ion. Almost 1.2 million veterans or
survivors will also receive an increase
averaging about $5.15 per month. The
cost of this bill is estimated to be $197.9
million for the first full fiscal year.
The following tables illustrate the cur-
rent rates payable to veterans and their
survivors with typical examples of pen-
sions payable under the bill introduced
today which incorporates increases both
in the rates and the maximum annual
income limitations:
VETERAN ALONE
Income not over-
Current
rate
Proposed
rate
Income not over-
Current
rate
Pnposed
rate
J2.40O t»7
$2,500 gi
J2,600 „;i' "I " 81
$2,700 " n
J2,800.. .....". ""' 75
J2,900 72
$3,000 M
$3,100 m
J3.200.. ;;:::;:;: S
$3,300 u
$3,400 ;:;:::;:: »
$3,500 M
$3.600 M
$3.700 »
$3.800 ::::::::::::"■ 15
$3,900
KOOO.. "
KlOO
$4,200
$97
94
91
88
85
82
79
76
73
68
63
58
53
48
43
38
33
38
23
S3.600.... _ J43 .^
$3.700 42 '5?
t3,800 _... li u
$3,900 J*
$4,000 • «
$4,100 " «
$4,200.. "
WIDOW ALONE
Income not over-
Current
rate
Proposed
rate
Income not
$300
$400
$500
$600 ..: .
$700 ..I.
$800...]..
$900 ..1 .
$l.000..j..
$1,100..,-..
$1.200..j..
$1.300.1.
$1.400. .J..
$1,500. .J..
$1,600. '
$1,700
$1.800..,.
$1,900. 1.
$2,000.. I.
$2.100. .1.
$2.200......
$2,300......
$2.400. .i.
$2.50C..4.
$2.600...!..
$2.700.....
$2,800..^.
$2,900. 1,
v^
Current
rate
Proposed
rate
$130
127
124
121
118
lis
112
109
105
101
97
93
19
M
79
74
68
62
56
SO
43
36
29
22
$3,000.
$3,100.
$3.200. .i
$3,300
$3,400... i,
$3,500.
$3,600.
$3,700
$3,800
$3,900
$4,000
$4,100.
$4,200.
:^
$140
137
134
131
128
125
122
119
U5
111
107
103
99
94
89
84
78
72
66
60
53
46
39
32
25
18
11
10
$300..
$400.,
$500
$600.
$700 . .
$800.
$900.
$1,000.
$1,100.
$1,200.
$1,3U0.
$1,400
$1,500
$1,600
$1,700
$1,800.
$1,900
$2,000.
$2,100
$2,200
$2,300
$2,400 .
$2,500
$2, eon
$2,700 .
$2,800
$2,900
$3,000
$3,100
$3,200 .
$3,300
$3,400
$3,500
$?.60O
$3,700
$3,800
$3,900
$4,000
$4,100 .
$4,200.
$87
86
8S
M
81
78
75
72
69
66
63
60
57
54
51
48
45
41
37
33
29
25
21
17
$94
93
92
91
88
85
82
79
76
73
70
67
64
61
58
55
52
48
44
40
36
32
28
24
20
16
12
WIDOW WITH DEPENDENTS
Income not over-
VETERAN WITH DEPENDENTS
Income not over-
Current
rate
Proposed
rate
$300- .
$400..
$500..
$600 .,
$700..
$800 .
$900 .
$1,000.
$1,100
$1,200.
$1,300
$1,400
$1,5.30.
$1,600
$1,700.
$1,800
$1,900,
$2,000
$2,100.,
$2.200.,
$2,300
»140
140
140
138
136
134
132
129
126
123
120
117
114
111
108
105
102
99
96
93
90
$150
150
150
148
146
144
142
139
136
133
130
127
124
121
118
115
112
109
106
103
100
$300..
$400..
$500..
$600..
$700..
$800..
$900. .
$1,000-
$1,100
$1,200-
$1,300
$1,400
$1,500
$1,600
$1,700
$1,800
$1,900
$2,000.
$2,100
$2,?0O
$2,300
$2,400
$2,500
$2,600
$2,700
$2,800.
$2,900
$3,000..
$3,100
$3,200
$3.300..
$3,400..
$3,500..
rrent
Proposed
rate
rate
$104
$111
104
111
104
111
104
111
103
110
102
109
101
108
100
107
99
106
98
105
97
104
96
103
94
101
92
99
90
97
88
95
86
93
84
91
82
89
80
87
78
85
76
83
74
81
72
79
70
77
67
74
64
71
61
68
58
65
55
62
52
59
49
56
46
53
Mr, President, I ask unanimous con-
sent that the text of the bill, as intro-
duced, together with a section-by-section
analysis be printed in the Record at this
point.
There being no objection, the bill and
analysis were ordered to be printed in
the Record, as follows:
S. 275
Be it enacted by the Senate and House 0/
Representatives 0/ the United States of
America in Congress asseinbled. That la)
subsection (b) of section 521 of title 33,
United States Code, is amended to read as
follows:
"(b) If the veteran is unmarried (or mir-
ried but not living with and not reasonably
contributing to the support of his spouse)
and has no child, pension shall be paid ac-
cording to the following formula: If an-
nual income is $300 or less, the monthly rate
of pension shall be .$140. For each $1 of
annual income in excess of $300 up to rind
including $1,000. the monthly rate shall be
reduced 3 cents: for each $1 of annual in-
come In excess of $1,000 up to and including
$1,500, the monthly rate shall be reduced 4
cents: for each $1 of annual income in ex-
cess of $1,500 up to and including $1,800,
the monthly rate shall be reduced 5 cents:
for each $1 of annual income in excess of
$1,800 up to and Including $2,200, the
monthly rate shall be reduced 6 cents: and
for each $1 of annual income in excess of
$2,200 up to and including $2,900, the
monthly rate shall be reduced 7 cents; for
the annual income of $2,900 up to and in-
cluding $3,000, the rate shall be $10.00. No
pension shall be paid if annual income ex-
ceeds $3,000."
(b) Subsection (c) of such section 521 is
amended to read as follows:
"(c) If the veteran Is married and living
with or reasonably contributing to the sup-
port of his spouse, or has a child or children,
pension shall be paid according to the fol-
lowing formula: If annual Income is $500 or
less, the monthly rate of pension shall be
$150 for a veteran and one dependent, $155
for a veteran and two dependents, and $160
for three or more dependents. For each $1 of
annual income In excess of $500 up to and
including $900, the particular monthly rate
shall be reduced 2 cents; for each $1 of an-
nual Income in excess of $900 up to and in-
cluding $3,200, the monthly rate shall be re-
duced 3 cents; and for each $1 of annual in-
come in excess of $3,200 up to and Including
$4,200, the monthly rate shall be reduced 5
cents. No pension shall be paid if annual in-
come exceeds $4,200. '
(c) Subsection (b) of section 541 of title
38, United States Code, is amended to read
as follows:
"(b) If there Is no child, pension shall be
paid according to the following formula: If
annual income is $300 or less, the monthly
rate of pension shall be $94. For each $1 of
annual income In excess of $300 up to and
including $600, the monthly rate shall be re-
duced 1 cent; for each $1 of annual income in
excess of $600 up to and including $1,900. the
monthly rate shall be reduced 3 cents; and
for each $1 of annual income In excess of
$1,900 up to and Including $3,000, the month-
ly rate shall be reduced 4 cents. No pension
shall be paid if annual Income exceeds
$3,000."
January 9, 1973
CONGRESSIONAL RECORD — SENATE
669
(d) Subsection (c) of such section 541 Is
amended to read as follows :
"(c) If there is a widow and one child, pen-
sion shall be paid according to the following
formula. If annual Income is $600 or less, the
monthly rate of pension shall be $111, For
each $1 of annual Income in excess of $600 up
to and Including $1,400. the monthly rate
shall be reduced 1 cent; for each $1 of annual
income in excess of $1,400 up to and includ-
ing $2,700, the monthly rate shall be reduced
2 cents; and for each $1 of annual income in
e.Kcess of $2,700 up to and including $4,200,
the monthly rate shall be reduced 3 cents.
Whenever the monthly rate payable to the
widow under the foregoing formula is less
than the amount which would be payable to
the child under section 542 of this title if the
widow were not entitled, the widow will be
paid at the child's rate. No pension shall be
paid if the annual income exceeds $4,200."
Sec 2 Section 4 of Public Law 90-275 (82
Stat. 68) is amended to read as follows:
"Sec 4 The annual income limitations
governing payment of pension under the first
sentence of section 9(b) of the Veterans'
Pension Act of 1959 hereafter shall be $2,800
and $3,900. Instead of $2,200 and $3,500,
respectively," _^^
Sec 3. (a) Subsection (b) of section 415 '
of title 38. United States Code, Is amended
to read as follows:
"(b)(1) Except as provided in paragraph
(2) of this subsection, if there is only one
parent, dependency and irvdemnity compen-
sation shall be paid to him according to the
follD'^ing formula: If animal Income is $800
or less, the monthly rate of dependency and
indemnity compensation shall be $108. For
each $1 of annual income in excess of $800
i:p to and including $1,200. the monthly rate
shall be reduced 3 cents; for each $1 of an-
nual income in excess of $1,200 up to and
including $1,600. the monthly rate shall be
reduced 4 cents; for ezjch $1 of annual in-
come in excess of $1,600 up to and including
$1,900, the monthly rate shall be reduced 5
cents; for each $1 of annual income in ex-
cess of $1,900 up to and including $2,100,
the monthly rate shall be reduced 6 cents;
and for each $1 of annual income in excess
of $2,100 up to and including $2,800. the
monthly rale shall be reduced 7 cents. For
annual income of $2,800 through $3,000. the
rate will be $4.00. No dependency and in-
demnity compensation shall be paid if an-
nual income exceeds $3,000.
"(2) If there is only one parent and he has
remarried and is living with his spouse, de-
pendency and indemnity compensation shall
be paid to him under either the formula of
paragraph ( 1 ) of this subsection or under
the formula in subsection (d), whichever is
the greater. In such a case of remarriage the
total combined annual income of the parent
and his spouse shall be counted in determin-
ing the monthly rate of dependency and in-
demnity compensation under the appropriate
formula."
(b) Subsection (c) of such section 415 Is
amended to read as follows:
"(c) Except as provided In i^ubsectlon (d).
if there are two parents, but they are not liv-
ing together, dependency and indemnil v com-
pensation shall be paid to each according to
the following formula: If the annual income
of each parent is $800 or less, the monthly
rate of dependency and indemnity payable
to each shall be $'76. For each $1 of annual
income in excess of $800 up to and includ-
ing $1,100. the monthly rate shall be reduced
2 cents; for each $1 of annual income in ex-
cess of $1,100 up to and including $1,700, the
monthly rate shall be reduced 3 cents; and
for each $1 of annual income in excess of
$1,700 up to and including $2,800, the
monthly rate shall be reduced 4 cents. For
annual Income of $2,800 through $3,000, the
rate will be $4.00. No dependency and in-
demnity compensation shall be paid to a par-
ent whose annual income exceeds $3,000.
(C) Subsection (d) of such section 415 is
amended to read as follows:
"(d) If there are two parents who are liv-
ing together, or if a parent has remarried
and is living with his spouse, dependency and
indemnity compensation shall be paid to each
such parent according to the following for-
mula: If the total combined annual Income
is $1,000 or less, the monthly rate of de-
pendency and indemnity compensation pay-
able to each parent shall be $72. For each $1
of annual income in excess of $1,000 up to
and including $1,300, the monthly rate shall
be reduced 1 cent; for each $1 of annual In-
come in excels of $1,300 up to and includ-
ing $3,400, the monthly rate shall be re-
duced 2 cents: and for each $1 of annual In-
come in excess of $3,400 up to and including
$4,000, the monthly rate shall be reduced 3
cents. For annual income of $4,000 through
$4,200, the rate will be $6.00. No dependency
and indemnity compensation shall be paid
to either parent if the total combined an-
nual Income exceeds $4,200".
Sec 4. This Act shall take effect on the
first day of the second calendar month which
begins after the date of enactment.
Section-by-Section Analysis of Bill as
Introduced
SECTION 1
Subsection (a) would Increase the rates
of pension and annual income limitation
for unmarried veterans under subsection
521 (bi. Currently, a veteran with no de-
pendents receives a maximum monthly
pension of $130 if his annual Income Is
$3(XI or less, decreasing on a graduated basis
to $22 with an annual Income of $2,600.
As amended, this subsection would provide
a maximum monthly rate of $140 with an
aiuiual income of $300 or less, down to $10
for an annual income of $3,000.
Subsection (b) would increase the rates
of pension and the annual Income limita-
tion for a married veteran under subsection
521(c). Currently, the maximdm monthly
p-^nsion payable to a veteran with one de-
pendent is $140. with two dependents $145,
and with three or more dependents $150.
based on an annual income of $500 or less.
This decreases on a graduated basis down
to $33. $38. or $43. respectively, with an an-
nual Income of $3,800. As amended, this
subsection would provide a veteran with
one dependent $150. with two dependents
$155, and with three or more dependents
$160, based on an annual income of $500
or less, ranging down to $23, $38, or $33.
respectively, with an annual Income of
$4,200.
Subsection (c) would increase the rates
of pension and the annual Income limita-
tion for the widow without child under
subsection 541(b). Currently, a widow
wif^out child receives a maximum monthly
persion of $87 If her annual income Is $300
or less, decreasing on a graduated basis to
$17 with an annual Income of $2,600. As
amended, this subsection would provide a
maximum monthly rate of $94 with an an-
nual income of $3(X) or less, down to $12
with annual income of $3,000.
Subsection ( d ) would increase the rates
of pension and the annual Income limita-
tions for a widow with one child under sub-
section 541(C). Currently, a widow with
one Child receives a maximum monthly
pension of $104 if her annual income is
$600 or less, decreasing on a graduated
basis to $42 with an annual Income of
$3,800. .^s amended, this subsection would
provide a maximum monthly rate of $111
with an annual income of $600 or less down
to $42 with an annual Income of $4,200,
SECTION 2
This section would amend section 4 of
Public Law 90-275 (82 Stat 68) to Increase
by $400 the maximum annual Income limita-
tions applicable under the prior pension pro-
gram in effect on June 30, 1960: From $2,200
to $2,600 for a veteran without a dependent,
or widow without a dependent, or a child
alone; and from $3,500 to $3,900 for a vet-
eran with a dependent, and for a widow with
a child.
SECTION 3
Subsection (a) would increase the rates of
dependency and indemnity compensation
(DIC) and annual Income limitations for a
sole surviving parent under subsection 415
(b). Currently, a sole surviving parent re-
ceives a maximum monthly DIC payment of
$100 if his annual income is $800 or less,
decreasing on a graduated basis to $10 with
an annual Income of $2,600. As amended, this
subsection would provide for a maximum
monthly rate of $108 with an annual Income
of $800 or less, down to $4 for an annual
income of $3,000.
Subsection (b) would Increase the rates
of dependency and Indemnity compensation
and annual income limitations for two par-
ents not living together under subsection
415(c). Currently, each of two parents who
are not living together receives a maximum
monthly DIC payment of $70 if annual In-
come is $800 or less, decreasing on a gradu-
ated basis to $10 with an annual Income of
$2,600. As amended, this subsection would
provide a maximum monthly rate of $76
with an annual income of $800 or less, down
to $4 for an annual income of $3,000.
Subsection (C) would Increase the rates of
dependency and indemnity compensation
and annual income limitations payable
under subsection 415(d). Currently, if there
are two parents who are living together, or
if a parent is remarried and is living with
his spouse, each parent receives a maximum
monthly DIC payment of $67 if annual in-
come Is $1,000 or less, decreasing on a gradu-
ated basis to $10 with an annual Income of
$3,800. This subsection would provided a
maximum monthly rate of $72 with an an-
nual income of $1,000 or less, down to $6 for
an annual Income of $4,200.
SECTION 4
This section provides that the provisions
of the bill shall be effective on the first day
of the second calendar month which begins
after the date of enactment.
By Mr. CRANSTON: I
S. 277. A bill to amend the Immigration
and Nationality Act with respect to the
waiver of certain grounds for exclusion
and deportation. Referred to the Com-
mittee on the Judiciary.
Mr. CRANSTON. Mr. President. I in-
troduce for apppropriatc reference a
measure which would give the U.S. Attor-
ney General the discretion to determine
whether aliens who have been com irted
for illegal pos.session of marihuana
should be admitted to the United S:ates
or whether those already living here as
permanent residents should be deported
after a conviction for possession of mari-
huana.
.^s the law stands today, no such dis-
cretion is vested in the Attorney General.
Under section 212iaM23> of the Immi-
gration and Naturalization Act. he must
deny admission to an alien who has been
convicted of a violation of. or a con-
spiracy to violate, any law or regulation
relating to the illicit possession of or
traffic in marihuana. Under section 214
<a> ( 11) , he must deport an alien who at
any time has been convicted of a viola-
tion of, or a conspiracy to violate, any
law or regulation relating to the illicit
possession of or traffic in marihuana.
The present law is cruelly insensitive
and inflexible. The failure to give the
Attorney General discretion in determin-
670
CONGRESSIONAL RECORD — SEN ATE
ing the admissibility or deportability of
aliens convicted for illegal possession of
mafihuana can at times result in the un-
just! treatment of certain aliens and can
worjc hardships on their families.
Recently, I was contacted by two Cali-
fornia residents, one a friend, the other
a relative of a 22-year-old Canadian na-
tional who was deported from the United
States following a conviction for illegally
possessing marihuana. At the time of his
arrest in Nevada, he was 18 years old. At
that time, he had lived in this country
with his parents for more than 6 years
and was attending a college in California.
After his conviction and sentence, he
was deported to Canada where he mar-
ried an American citizen and took a job.
He sought to return to the United
States to continue his education and re-
unite with his family. However, he was
barred by the Immigration end Natural-
ization Act from returning as an immi-
grant. He was eventually admitted for
tbe sole purpose of continuing his educa-
tion, but he must return to Canada upon
finishing his studies.
The young man in question had been
sentenced to 4 months in jail. It was his
first offense and one which he says he
deeply2 regrets. In ordering his deporfa-
tion, tfte Attorney General had no chotee.
He w^s precluded by law from consider-
ing airy mitigating factors, such as the
young'^.' man's prior criminal record— if
^ny — liis family connections in the
UnitcG States, the relative leniency of his
sentence, the nature of the offense he
:ommiftted, or even the changing public
attitudes toward the illegal possession of
narihsana. And in denying him admis-
>ion, the Attorney General was like-
wise precluded by law from taking into
consideration the young man's postcon-
viction record, his reasons for seeking
idmis.sdon, or even the fact that under
)ur Federal laws illegal possession of
narihiiana has been reduced from a fel-
)ny to a misdemeanor for first offenders.
Mr. President, I do not know whether
)r not this young man should be entitled
o renew his immigrant status. But I do
)elieve that he and others similiarly sit-
:iated should be entitled to an opportu-
1 lity to demonstrate their admissibility or
londeportability.
My t mendment would cure the insen-
: itivity.and inflexibility embodied in the
immigration and Naturalization Act by
Kiving the Attorney General the discre-
'ion to determine, after hearing and
itnder such terms and procedures as he
prescribes, whether an alien, otherwise
i .Omissible, s-hould be admitted after con-
viction for illegal possession of mari-
liuana. It would also give him the discre-
t ion to determine, after a similar hearing,
whether an alien who has been admitted
should fee deported on account of a con-
^ iction;-'or the illegal possession of mari-
huana.;
The amendment would leave un-
touched those sanctions imposed for
trafficking in marihuana or for engaging
i 1 activities which violate laws or rcgu-
1 itions governing other more dangerous
substances, such as opium or heroin. But
vith respect to an admittedly lesser of-
fense— the illicit possession of mari-
1 uana — giving the Attorney General
same discretion in the matter would vin-
dicate the cherished principle of afford-
ing a penitent offender an opportunity
to prove that he should be given another
chance.
Our religious and moral beliefs call for
tempering punishment with mercy, with
a chance for a transgressor to change his
ways and to seek forgiveness. Arbitrary
laws that provide no leeway for com-
passion and forgiveness run counter to
all our democratic traditions.
Mr. President, I ask unanimous con-
sent that the text of my bill be printed
at this point in the Record.
There- being no objection, the bill was
ordered to be printed in the Record, as
follows :
S. 277
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That (a)
section 212(a) (23) of the Immigration and
Nationality Act (8 U.S.C. 1182(a) (23)) is
amended by Inserting before the semicolon
at the end thereof a comma and the fol-
lowing: "except that In the case of any alien
(A) to whom the provisions of this paragraph
apply by reason of his conviction for the
possession of marihuana, and (B) who is
otherwise admissible into the United States,
the Attorn->y General, after a hearing and
under such terms, conditions, and procedures
as 1» prescribes, may receive such alien's
applijiBtlon for a visa and consent to his ad-
mission into the United States".
(b) Section 241 ib) of such Act (8 U.S.C.
1251(b> I is amended to read as follows:
"(b)(1) The provisions of subsection (a)
(4) of this section, relating to the deporta-
tion of an alien convicted of a crime or
crimes, shall net apply (A» in the case of
any alien who has. subsequent to such con-
viction, been granted a full and uncondi-
tional pardon by the President of the United
States or by the Governor of any of the
several States, or (B) if the court sentencing
such alien for such crimes shall make, at
the time of first imposing Judgment or pass-
ing sentence or within thirty days thereafter,
a recommendation to the Attorney General
that such alien not be deported, due notice
having been given prior to making such rec-
ommendation to representatives of the in-
tereated State, the Service, and prosecution
auttorities, who shall be granted an oppor-
tunitj- to make representations in the matter.
"(2) The Attorney General, after a hearing
and under such terms, conditions, and pro-
cedures as he may prescribe, may waive de-
portatioA of any alien under the provisions
of subseetlon (e.)(ll) of this section in the
case of any such alien to whom such pro-
visions apply by reason of his conviction for
the possession of marihuana."
January 9, 1973
By Mr. CRANSTON ffor himself
and Mr. TtrNNEVi :
S. 283. A bill to declare that the United
States holds in trust for the Bridgeport
Indian Colony certain lands in Mono
County, Calif. Referred to the Committee
on Interior and Insular Affairs.
V Mr. CRANSTON. Mr. President, I am
pleased to introduce today a bill that will
declare that the United States holds in
trust approximately 40 acres of land in
Mono County. Calif., for members of the
Bridgeport Indian Colony.
I am delighted to be joined in spon-
soring this bill by my friend and distin-
guished colleague from California, Sena-
tor John \ TUNNEY.
The land described in the bill is an un-
occupied 40-acre tract of federally owned
property adjacent to the town of Bridge-
port in Mono County, Cahf. It is being
set aside for the Bridgeport Indian
Colony as a substitute for a tract of land
wrongfully taken from them in 1914,
This bUl is similar to a measure s
3113, which I introduced in the Senate
in the 2d session of the 92d Congress In
the Senate, my bill was favorably re-
ported by the executive session of the In-
terior and Insular Affairs Committee on
October 15 of last year. Four days later
on October 19, it passed the Senate.
The basic difference in the bill I am
now introducing is that the present
measure increases the grant of land to
the Indians from 20 acres to 40 acres I
believe this change was necessary since
the originally proposed tract did not pro-
vide an adequate amount of useable
acreage. At least 6 acres of that tract is
unfeasible for development because a
gully runs through the land. The inclu-
sion of the adjacent 20-acres will insure
an adequate amount of land will be pro-
vided to the Indians to develop as their
home and reservation.
I believe that we are in all conscience
obligated to set aside this land for the
Bridgeport Indians. The land on which
the Indians presently reside, and which
has been their home since, at least, be-
fore the coming of the white man, was
wrongfully patented to a non-Indian.
This patent was issued in 1914 under the
Desert Land Act. This land is now owned
by several non-Indian heirs to the ori-
ginal patentee. The Indians continued to
occupy the site.
But eariy in 1968 one of the owners
demanded that they vacate. Eviction pro-
ceedings were instituted against them.
Legal intervention kept the eviction
proceedings in abeyance for some time.
Later when the owner learned that an
attempt to solve tjie difficulty was pend-
ing in the Congress, he agreed to cease
the eviction proceedings so long as Con-
gress works toward a solution for the
Indian Colony. I commend the owner's
understanding and patience.
It thus is clear that a permanent solu-
tion must be found very soon. In my
opinion the best solution for all con-
cerned is my proposal to provide the In-
dians with a new land base. Since their
land base was wrongfully taken from
them, it seems only fair to provide them
with a new one. Furthermore, with a se-
cure trust land base, the Bridgeport In-
dian Colony will be in a better position
to improve their living conditions.
Presently, 12 of the 19 Indian families
in the Bridgeport area live in totally sub-
standard housing. Eleven of the families,
including all of the families that now re-
side on the disputed land, have no sani-
tation facilities and no inside running
water. Five of the homes are heated
solely by wood-burning stoves, and three
have no refrigerator. Only three of the
19 families can claim a member with full-
time employment. All the rest are unem-
ployed. A secure trust land base will
enable these Indian people to overcome
the severe obstacles of unemployment
and chronic poverty and tn utilize Fed-
eral resources to improve their standard
of living.
Further, it is my understanding that
the townspeople of nearby Bridgeport
are in full support of this legislative pro-
posal. Last year I received a unanimously
January 9, 1973
CONGRESSIONAL RECORD — SENATE
approved resolution from the Mono
County Board of Supervisors that stated
its full support of the Bridgeport Indian
Colony's efforts to obtain the grant of the
federally owned land. I have recently
been in contact with the chairman of the
Mono County Board of Supervisors,
Waltr Cain, and he expressed his sup-
port for the Indian Colony's attempts to
obtain the 40 acres of land for a reserva-
tion. He also stated that at the board's
next meeting he expects that they will
issue a resolution supporting the Bridge-
port Indian Colony's efforts, including
the new proposal for a grant of 40 acres.
I am hopeful that Congress will support
this measure to correct this one of so
many injustices that have been inflicted
upon the Indian people of California.
Mr. President, I ask unanimous con-
sent that the text of the bill be printed
at this point in the Record.
There being no objection, the bill was
ordered to be printed in the Record, as
follows:
S. 283
Be it enacted by the Senate and House of
Representatii-es of the United States of
America in Congress assembled. That all
of the right, title, and interest of the United
States in the following described public do-
main land located In Mono County. Cali-
fornia, are hereby declared to be held by the
United States in trust for the Bridgeport
Indian Colony:
Tlie Southeast quarter of the northeast
quarter of section 28. township 5 north,
range 25 east. Mount Diablo base and me-
ridian, Mono County, California, containing
forty acres more or less.
Provided further, That said parcel shall be
subject to the easement to the Bridgeport
Public Utilltv District for a sewer main.
Let me begin this discussion by out- ^ mised in any State as a
lining what my proposed amendment tenure.
671
result of fixed
By Mr. HARRY F. BYRD. JR. (for
himself, Mr. Allen, Mr. Thur-
mond, and Mr. Nunn i :
S.J. Res. 13. A joint resolution propos-
ing an amendment to the Constitution of
the United States with respect to the
reconfirmation of judges after a term of
8 years. Referred to the Committee on
the Judiciary.
Mr. HARRY F. BYRD, JR. Mr. Presi-
dent. I send to the desk a joint resolution
for mvself. the Senator from Alabama
I Mr. Allen), the Senator from South
Carolina <Mr. Thurmond) , and the Sen-
ator from Georgia i Mr. Nunn > .
Mr. President, the joint resolution I
am introducing today requires that Fed-
eral judges be subject to reconfirmation
by the Senate every 8 years.
This resolution is identical to Senate
Joint Resolution 106 of the 92d Con-
gress, which was the subject of a hear-
ing on May 19, 1972, before the Subcom-
mittee on Constitutional Amendments of
the Committes on the Judiciary. My
proposal is cosponsored by Senators
Allen, Thurmond, and Nunn.
As more and more power is centralized
in the Federal Government, we need to
appraise more critically the justification
for hfe appointment of Federal judges.
There is widespread dissatisfaction
with the existing system, under which
some judges are exercising dictatorial
powers. I believe that a full and open
discussion of the questions involved will
be healthy and valuable.
would do, and what it would not do.
I want to emphasize at the outset that
I fully support the concept of an inde-
pendent judiciary. The amendment I
have introduced simply provides a
method by which the courts might be
made more accountable.
The philosophy of this proposal I am
making was perhaps best expressed by
Thomas Jefferson when he said, in a
statement which is one of my f avorities :
In questions of power, let no more be heard
of confidence in man. but bind him down
from mischief by the chains of the Constitu-
tion.
My amendment provides that Federal
judges serve in office for a term of 8
years, at the end of which term they
would be automatically nominated for
reconfirmation by the Senate, unless
they requested otherwise. If reconfirmed
by the Senate, the judges would serve for
an additional 8 years.
During the period of consideration by
the Senate as to whether or not to give
its advice and consent to the reconfirma-
tion of any judge, that judge would con-
tinue in office. Moreover his new. 8-year
term of office would commence from the
day after the date that the Senate ap-
proved the reconfirmation — or from the
day after the expiration of his earlier
term, whichever date is later.
The amendment would not affect any
judge sitting prior to its ratification.
This, then is the basic mechanism
which I am suggesting.
The question arises at once: Is this a
radical proposal, out of keeping with
American tradition, or is it rather a rea-
sonable means of achieving accountabil-
ity of judges without destroying their
basic independence? I submit that it is
the latter.
In the first place. 47 of the 50 States
now have fixed terms for their own ju-
diciary. Of the three States that have no
such provision, only Rhode Island has
life tenure for judges. Massachusetts and
New Hampshire provide for mandatory
retirement at age 70.
Tlie experience of Virpinia may be of
significance. Originally the State con-
stitution provided for life tenure. In 1850,
a revised coi^stitution established the
practice of popular election of judges.
Twenty years later, Virginia converted to
the present method of election by the
General Assembly for specific terms of
years.
The present Virginia system, which is
directly parallel to the method which I
have proposed for the Federal judiciary,
has worked well. Even though elected by
the General Assembly, the Virginia judi-
ciai-y never has hesitated to assert its
independence. The Virginia Supreme
Court has exercised its long-established
pow'er to strike down legislative enact-
ments.
The experience of Virginia indicates
that any fears of lack of independence
on the part of judges w^ho are subject to
legislative reconfirmation are without
foimdation.
Indeed, I know of no documented as-
sertion that the independence or integ-
rity of the judiciary has been compro-
When we stop to think about it, wliy
should any official in a democracy have
lifetime tenure? In the modern world,
only kings, queens, emperors, maha-
rajalis — and U.S. Federal judges— hold
office for life.
I say again — why shouldn't any public
oflBcial in a democracy have lifetime
tenure ?
I do not conceive this to be a liberal
against conservative issue. Senator Rob-
ert M. LaFollette, Sr., of Wisconsin, one
of the leading progressives of tliis cen-
tury, in 1920, denounced "the alarming
usurpation of power by the Federal
courts." He called for constitutional and
statutory changes to end hfetime tenure
for Federal judges.
Certainly I see no reason why the
question of lifetime appointment for
judges, as opposed to a reasonable sys-
tem of reconfirmation, should not be sub-
mitted to the people of this Nation.
For well over a century after the crea-
tion of this Nation, the unwritten canon
of judicial restraint, as expressed by such
eminent justices as Holmes, Brandeis
Stone, Hughes, and Frankfurter, was one
of our most hallowed legal principles.
But in this century, and particularly
since the 1950's, first the Supreme Court
and later the lower Federal courts have
cast aside much of the doctrine of re-
straint. In all too many instances the
Federal courts have gone well beyond the
sphere of interpreting the law, and into
the domain of making the law.
Under these circumstances, we are
faced with a dilemma. Judges who are
accountable to no one are invading the
sphere of the elected representatives of
the people, handing down decisions which
have great impact on the lives of the citi-
zenry. This situation is basically in-
equitable and contrary to the spirit of
democracy.
Under existing law, no real solution is
available for the present dilemma. It
is not possible to legislate resurrection of
the doctrine of judicial restraint.
The Constitution estabUshed a subtle
system of checks and balances; the ques-
tion is whether the checks upon the mid-
20th century judiciary are not entirely
too subtle.
Impeachment has not provided a very
useful means of policing the judges.
Thomas Jefferson referred to the im-
peachment process as "a bungling way
of removing judges — an impractical
thing — a mere scarecrow. '
Lord Bryce, in his observations of our
government, said:
Impeachment is the heaviest piece of .-trtll-
lery in the Congressional arsenal, but because
it is so heavy it is unfit for ordinary u«e.
Characterizing congressional lethargy
in this area, 'Woodrow Wilson said of im-
peachment:
It requires something like passion to set
them a-golng: and nothing short of the
grossest o^enses against the plain inw of the
land will suffice to give tliem speed and ef-
fectiveness.
For lEisting reform, aimed at setting
the judiciary within the same restrictions
on power and authority that are appli-
bi2
CONGRESSIONAL RECORD — SENATE
^able to the Legislative and executive
tranches, some change in the law will be
"lecessary.
Really basic reform could best be
ichieved through a system automati-
ally applicable to all members of the
federal judiciary, such as the proposal
: have just sent to the desk. It is non-
iiscriminatory in its approach and
vould serve to guard the interests of the
)eople. through their representatives in
he Senate, without compromising the
undar^ental independence of the judges
^■ho w'vild be subject to reconfirmation.
In c nnection with the issue of inde-
1 )endence. we already have seen that the
I xperiebte of the states indicates no jeop-
irdv or the judiciary's independence
need te ieared from a fixed-tenure sys-
lem. But we need to look further into
ihis question of independence. We need
10 consider what is the real purpose of
udicianf independence.
I think the true purpose of independ-
( nee never was better stated than by
I'rof. Philip Kurland of the University
rf Chicago" Law School. In a discussion
(f the proposal by former Senator Tyd-
mgs of Maryland to create a commis-
iion of judges to police the judiciary.
I'rof e.ssor Kurland stated:
It .should be kept in mind that thegro-
\ i.sions for securing the independent* of
the judiciary were not created for the
I enefit of the judges, but for the benefit
( f the judged. . .
I believe this to be a cardinal prmci-
r le Judicial independence should not be
legarded as a fortress for the members
c f "the ludiciary. whether or not one be-
leves that some judges are actual or
[ otential oligarchs; on the contrary, it
i; supposed to be a shelter for the true
lights of the people.
It is my contention that a uniform,
leaionable system of fixed tenure and
reconfirmation, such as I am proposing,
^•ould enhance the rights of the people,
"herelore it is. in its main thrust and
tlie real purpose of judicial independ-
ence. .^ -
There is no need to provide any of-
f cial in a democracy with the preroga-
tives of. a medieval baron in order to
^ ifeguard his independence of judgment.
Indeed, to insulate a judge— or any other
I ublic official— from all accountability
fDr his actions is to invite arbitrary ac-
t ion contrary- to the will and welfare of
t -le people of the United States.
Life tenure, devoid of restraint and ac-
r ountability, is not consistent with dem-
. -ratic government. It is time we abol-
1 ;hed it.
I submit that basic questions about
trie nature of our democracy are in-
\olved in the issue of judicial tenure,
^uch ba^ic questions are best decided
at the level closest to the people them-
selves. This is true through the consti-
tutional amendment process.
Therefore, I hope that Congress will
c 3nduct a full debate and give final ap-
l roval to this proposal. Then, the ques-
t on will be taken to the people through
t leir elective representatives in the sev-
eral State legislatures.
Mr. President, the time to act is now.
ADDITIONAL COSPONSORS OF BILLS
AND JOINT RESOLUTIONS
V 8. 4
- At the request of Mr. Williams, the
Senator from Colorado <Mr. Dominick)
was added as a cosponsor of S. 4, the
Retirement Income Security for Em-
ployees Act.
S. 6
At the request of Mr. Williams, the
Senator from South Dakota (Mr. Mc-
GovERN) was added as a cosponsor of
S. 6, the Education for All Handicapped
Children Act.
3. 180
At the request of Mr. Williams, the
senator from Florida <Mr. Chiles) was
added as a cosponsor of S. 180. the
Coastal Environment Protection Act.
SENATE JOINT RESOLUTION 10
At the request of Mr. Schweiker, the
Senator from Rhode Island (Mr. Pas-
TORE> was added a.i a cosponsor of Sen-
ate Joint Resolution 10, the school prayer
amendment.
NOTICE OF HEARINGS CONCERNING
THE FUTURE. DIRECTIONS IN SO-
^ CIAL SECURITY
Mr. CHURCH. Mr. President, the U.S.
^Senate Special Committee on Aging wiU
soon begin a study called Future Direc-
tions in Social Security.
Our initial hearings will take place
on January 15, room 1224, New Senate
Office Building; and on January 22 and
23 in room 1224, New Senate Oflace
Building. Testimony will begin on each
day at 10 a.m.
It is clear, I believe, that social secu-
rity has performed very well indeed on
behalf of several generations of Ameri-
cans. Through these hearings, the Sen-
ate Committee on Aging can evaluate
the significance of historic social security
enactments made in 1972. We will also
examine suggestions for future improve-
ment while preserving the essential fea-
tures of the present arrangements.
NOTICE OF HEARINGS ON OIL AND
' GAS IMPORTS, JANUARY 10. 11,
AND 17, 1973
Mr. JACKSON. Mr. President, on Jan-
uary 10. 11. and 17. 1973, the Committee
on Interior and Insular Affairs will con-
vene hearings to examine current trends
toward increased reliance on oil and gas
imports. These hearings are being held
as pari of the Senate's national fuels
and energy policy study, being conducted
by the Interior Committee under Sen-
ate Resolution 45 — 92d Congress — with
participation from the Commerce, Pub-
lic Works, and Joint Atomic Energy
Committees. Originally scheduled for
December 1972 the hearings were post-
poned, until now, at the administration's
request.
The hearings will convene in room
3110 of the Dirksen Senate Office Build-
ing to receive testimony from adminis-
tration representatives. The anticipated
witnesses will include —
On Wednesday, January 10, at 10 a.m.;
January 9, 1973
The Honorable Rogers C. B. Morton
Secretary. Department of the Interior'
and at 2 p.m.: Gen. George A. Lincoln
Director, Office of Emergency Prepared-
ness;
On Thursday, January 11. at 10 am •
The Honorable Julius T. Katz, Deputy
Assistant Secretary for Economic De-
velopment, Department of State, and Mr
William Letson, General Counsel, De-
partment of Commerce: and at 2 pm-
Chairman Nassikas and the other Com-
missioners from the Federal Power Com-
mission; and,^
On Wednesday, January 17. at 10 a m •
The Honorable Barry Shilleto. Assistant
Secretary for Logistics. Department of
Defense, accompanied by Adm. Elmo R
Zumwalt. Jr.
Unfortunately, time will not permit
the appearance of all parties who might
wish to testify: however, the committee
will accept statements for the record, in
response to the following general ques-
tions and policy issues, until Januarv 30
1973: •
General Questions and Policy Issues Hear-
ings ON THE Security of Oil and Gas Im-
PORTS, U.S Senate. Committee on Interior
and Insular Affairs
1. What is the range of probable U.S.
energy Imports between now and 1985? How
much uncertainty Is there In forecasts of fu-
ture energy imports flowing from factors be-
yond the reach of feasible regulatory con-
straints by the Federal government?
discussion
The National Petroleum Council has pub-
lished preliminary projections of United
States requirements for oil and gas Imports
In 1975. 1980 and 1985, as follows:
1970
(actual)
1975 1980
1985
7. 3 10. 7
1.6 3.8
14.8
6.8
(4) (7) (17) (28)
Oi.:
Million barrels per day, 3.4
(Percentage of total
U.S. oil consump-
tion).. (22) (41) (49) (57)
Gas:
Trrlllon cubic feet...
(Percentage of total
U.S. gas consump-
tion). . .
Oil and gas:
Quadrillion B.t.u. 8.4 17.2 26.9 37.2
(Percentage of total
U.S. energy con-
sumption).. . (12) (21) (26) (30)
Some critics have viewed these Import
projections as highly conservative, alleging
that the assumptions upon which they were
based were too opt.mistic, and that there was
error on the positive side regarding the avail-
ability of domestic natural gas, low sulfur
coal, crude oil from Alaska, and nuclear
power. Responses to question 1 should indi-
cated what projections are currently being
used by the various agencies in the formu-
lation and administration of energy import
policies and energy policy generally, and
what are the assumptions upon which such
projections are based. What consideration
Is given to the impact on domestic energy
development of environmental constraints,
limitation of economically available re-
sources, technological lags, or policies, such
as price controls, adopted for reasons not
necessarily Intended to influence domestic
energy development? How likely are such
factors to cause substantial departure from
the projections currently regarded as most
probable?
2. In light of the factors considered in
Januarij 9, 1973
Question 1, what is the range of feasible pol-
icT choices which can be made by the Fed-
eral government to control the level of
energy Imports between now and 1985?
discussion
One purpose of question 2 is to assess
the maximum realistic degree of self-suffi-
ciency m energy, or In specific fuels, that
could be attained, were the American people
wUllng to pay its costs. In general terms,
what would be the amount and nature of
such costs? On the other hand, how high
might the levels of import dependency real-
istically reach if policies were adopted which
would be least encouraging to development
of domestic energy supplies. In either event
what feasible opportunities exist to limit do-
mestic energy consumption? Responses
should indicate what general policies regard-
ing fuels pricing, taxation, subsidies, trade,
federal support of research and development,
etc., would necessarily correspond to each
of the four above mentioned cases — mini-
mum and maximum import dependency
with and without Federal constraints on
consumer demands.
3. What is the probable future course of
landed Imported crude oil costs and U.S.
domestic energy costs? What Influence can
the United States assert over competition,
stability and prices in world petroleum mar-
kets?
discussion
There are serious differences among oil
analysts regarding the future of world peiro-
leuni markets and in the policy recommenda-
tions flowing from their prognoses. Some ex-
perts emphasize the development of a "seller's
market" based upon rapid growth of world
energy demand and the group Interests of
the exporting nations In limiting production.
Others emphasize the vastness and low costs
of developing Middle Eastern petroleum re-
sources, and the actual and potential rivalries
among oil producers; they foresee a world
"surplus" of oil persisting for at least two
decades. There may be some differences be-
tween the two groups over their assessments
of basic resource availability, but the crux
of the debate Is whether the producing coun-
tries can collectively control production and
prices without the active cooperation of the
international oil companies and of consum-
ing countrj- governments. There is a corre-
sponding lack of consensus whether the
growth of United States Imports would In-
exorably tend to Increase the exporting coun-
tries' bargaining power, or would on the con-
trary help to restrain price increases by stim-
ulating exporter competition for the U.S.
market.
A closely related controversy Is whether
the national Interest is best served by high or
low fuels prices in world markets. In the past,
the economic and balance of payments im-
pact of world oil and gas production reflected
prit'iCipally the earnings of U.S. companies
abroad, so that the national Interest appeared
to be consistent with high oil prices. More-
over, it is sometiine.s argued that higher
prices for imported oil are desirable because
they encourage greater domestic production,
together with research and development ef-
forts resulting in the early production of syn-
thetic fuels. On the other hand, as a large
net Importer of fuels, the United States in-
creasingly has a stake In lowest feasible Im-
port costs to consumers and to the economy;
in limiting balance of payments deficits: and
In ensuring supply reliability.
Responses to question 3 should indicate
the underlying assumptions regarding world
resource availability and costs, and regard-
ing the ability of the producer nations to
maintali-i a common bargaining position. It
should also Include an assessment of the
interests of the United States In taking posi-
tive action regarding competition and the
world price of crude oil. Consideration should
CXIX 43— Part 1
CONGRESSIONAL RECORD — SENATE
673
be given to the question of whether there
are governmental means available to encour-
age seller competition and to restrain future
price Increases. Specific attention Is requested
to the potential Impact on world oil prices
from feasible changes in U.S. Import control
mechanisms, tax law, policies toward the In-
ternational oU companies (for example, anti-
trust waivers) , and diplomatic initiatives.
4. What is the maximum proportion of U.S.
petroleum Imports (Including crude oil,
laetroleum products, natural gas and LNG)
that is likely to come from each region or
bloc of countries, and from each country
within each region or bloc, between now and
1985? To what extent will the United States
be able to diversify its imports among re-
gions, blocs and countries?
5. What are the specific security concerns
regarding oil and gas imports that are or
ought to be a major influence upon U.S. en-
ergy policy?
discussion
Responses to this question should distin-
guish among (a) quantifiable economic con-
cerns (for example, escalating prices, or the
net foreign exchange burden of imports),
(b) strategic and foreign policy constraints,
and (c) risks of supply Interruptions or lim-
itations on production. With respect to the
last category, consideration should be given
to (but need not be limited to) the contin-
gencies treated in the 1970 Report of the
Cabinet Task Force on Oil Import Control. An
assessment should be made of the relative
likelihood, and the probable costs, of pre-
paring for and dealing with each kind of
interruption. How would the concentration
of imports from specific countries, concen-
tration to deliveries to specific areas of the
United States, and the form in whicti fuels
are imported (crude oil, residual fuel cU,
naphtha, refined products, LNG, etc.) affect
the seriousness of the various contingencies
related to U.S. economic and military security
and to consumer comforts?
6. Of the concerns and risks Identified In
responses to question 5, which are now ade-
quately protected by the system of oil Import
controls, which by specific other policies, and
which concerns or risks will require new sup-
plementary executive or legislative action?
7. Describe in summary form the system of
oil Impxjrt controls as it now exists. To what
extent has the system or its functioning In
fact changed since 1969?
DISCUSSION
In 1970, the Cabinet Task Force on Oil Im-
port Control concluded the following:
The present import control program is not
adequately responsive to present and future
security considerations. The fixed quota Um-
protectlon either of the national economy or
of essential oil consumption. The level of
restriction Is arbitrary and the treatment of
secure foreign sources internally inconsistent.
The present system has spawned a host of
special arrangements and exceptions for pur-
poses essentially unrelated to the national
Itatlons that have been in effect for the past
ten years, and the system of implementation
that has grown up around them, bear no rea-
sonable relation to current requirements for
.security, has imposed high costs and InefB-
clencles on consumers and the economy, and
has led to undue government intervention in
the market and consequent competitive dis-
tortions. In addition, the existing quota sys-
tem has left a significant degree of control
over this national program to state regulatory
authorities.
Since the foregoing statement was written,
the attempt to maintain a strict limit on
petroleum Imports has apparently been re-
laxed. Moreover, the reserve producing ca-
pacity then maintained by State regulation
has almost disappeared. Although there has
been no official declaration of such a policy,
the country generally seems to be subjected
to a "District V formula" for crude oil: I.e.,
imports are allowed to fill the gap between
domestic supplies and market demand, at
some acceptable price level. Moreover, resid-
ual fuel oil has been Imported freely since
1966; gas and LNG Imports are apparently
outside the control system, multi-billion dol-
lar gas Import projects are being actively en-
couraged by some executive agencies; and
consideration is being given to exempting
feedstock Imports for gas manufacture.
One purpose of question 7 Is to determine
what are the policies, criteria and mecha-
nisms presently being implemented by the
Administration for controlling energy im-
ports Responses should also indicate whether
the quotation from the Task Ftorce Report Is
now regarded as a fair and valid assessment
of the Import control program. In what way
and to what extent can the present system
of Import controls affect either the probabil-
ity or the Impact of supply interruptions?
To what extent can the present program
contribute to (a) lowering the cost, (b) in-
creasing the reliability of Imports allowed.
(C) providing geographic diversity of Import
sources, (d) the encouragement of storage ca-
pacity or reserve producing capacity, or (ei
a balanced distribution of Import reliance
among regions of the United Slates? What, If
any, rationale is there for stricter controls
upon imports of crude oil than upon residual
fuel oil or naphtha for SNQ manufacture?
8. (a) What policy alternatives regarding
the control of energy imports are currently
under active consideration by the Adminis-
tration?
(bi What plans, policies and provisions
exist and are ready for implem.entatlon, for
dealing with emergencies flowing from inter-
ruptions in energy imports? What additional
plans, policies or provisions are currently
under active consideration?
(c) What are th? present arrangements
and timetables within the Executive Branch
for review and formulation of import policy
and contingency planning?
9. In the light of anticipated U.S. import
dependency, what are the grounds for con-
tinued quota restrlctioris upon Importation
of Canadian oil? What discussions or negoti-
ations have taken place within the last two
years between the U.S. aiid the Canadian
government regarding U.S. trade and invest-
ment in Canadian oil and gas, and regarding
transport of Alaska gas and./or oil across
Canada?
DISCUSSION
Canada's oU and gas resources may be of
a magnitude comparable with those of the
United States. With domestic energy con-
sumption currently only 11 percent of the
U.S. figure, Canada might reasonably be ex-
pected to become a major exporter to U.S.
markets. In addition to the probable re-
sources of conventienal oil and gas there
exist large heavy oil resources and the tar
sands of Alberta, whose r^roved reserves ex-
ceed those of the whole world In conventional
hydrocarbons. The possibility that produc-
tion of synthetic crude oil from these de-
posits might become economic at a price not
much greater than the current prices of crude
oil in U.S. markets would have a profound
impact on the energy economies of both the
United State.s and Canada.
Although Canadian Imports would seem to
be comparatively secure, and although oil
Import regulations allow Canadian crude oil
to be Imported without restriction, adminis-
tration of the Import control program has In
fact limited shipments from Canada. This
limitation has dampened petroleiim explora-
tion incentives and has retarded leasing and
research and development efforts In the tar
sands. The official rationale for restricting
Canadian Imports has been Eastern Canada's
own dependence vipon overseas oil. Accord-
ingly, an Interruption of these supplies might
674
CONGRESSIONAL RECORD — SENATE
require diversion to Eastern Canada of North
American production upon which the United
States ordinarily depended. One purpose of
question 9 Is to ascertain whether, In the
light of the great absolute reliance of the
United States upon overseas sources, this or
any other rationale for restricting Canadian
Imports Is now valid.
Transportation of crude oil or natural gas
from Alaska to U.S. markets, except oil to the
West Coast, will require pipelines across
Canada. These lines will transit areas of Im-
portant Canadian energy resources that could
be developed mainly for U.S. markets. There
are arguable engineering, economic, environ-
mental and political grounds for considering
plans for pipelines from Alaska Jointly with
those for Canadian Arctic fuels Debate and
testimony regarding the Trans-Alaska pipe-
line proposal has suggested a lack of sustain-
ed attempt on the part of U.S. government
agencies to reach understandings with
Canada on U.S. -Canadian trade. Investment,
transportation and regulatory policies for
Arctic oil and gas. Responses to question 9
should indicate the objectives and pollclfe
of the respective executive agencies concern-
ing U.S. -Canadian energy relations.
Ajithorlzatlon to build the Trans-Alaska
(Alyeska) pipeline continues to be delayed
and Its ultimate fate Is still In doubt. It lb
conceivable that a Canadian overland route
may yet be the only feasible way to bring
Alaska crude oil to U.S. markets.' Moreover,
there is general agreement that an overland
oil pipeline may be required as a second
route for Alaska oil. In addition to the
Alyeska pipeline and gas line across Canada.
In light of these considerations, question 9
seeks to ascertain what would be the actual
sequence of events required to result in the
construction of a crude oil pipeline from
Alaska across Canada. What initiatives would
be required and what legal or organizational
constraints exist upon either the companies
or an agency of the US. government regard-
ing the Trans-Canadian pipeline option?
What matters would have to be resolved be-
tween the U.S. and Canadian governments?
What. If any, legislation would be required*
on /either side of the border?
10. What are the relative (a) costs, (b)
capital requirements per unit of capacity,
and (c) security implications of various
measures to meet the shortfall In domestic
natural gas supply?
DisctrssroN i
Measures for meeting the growing gulf
between gas demand and domestic natural
pas supply Include increasing domestic ex-
ploration and development by some combi-
nation of higher field prices and an acceler-
ated Outer Continental Shelf leasing pro-
gram: substitution of oil or coal for gas as
an Industrial boiler fuel, either by means of
a change of gas pricing policies or by direct
Bud-use controls; naanufacture of gas from
domestic coal. Imported oil or Imported
naphtha; Import of Canadian Arctic gas by
pipeline; and import of Liquefied Natural
Oas.
While Imported crude oil Is cheaper than
the domestic product, the LNG Import pro-
posals seem questionable In that the landed ,
:ost of Imported gas is expected to be much
tilgher than that of domestic natural gas.
Some members of the Committee are con-
lerned that LNQ Imports are among the most
;ostly alternatives, both to the consumers
ind to the national economy, are the least
secure and are perhaps the most dangerous
In terms of product safety. Imports of Lique-
led Natural Gas from Algeria, the U.S.S.R.
jr other Eastern Hemisphere sources would
3e several times more costly than the regu-
ated prices pipelines and utilities pav for
iomestlc natural gas. The cost of LNG to
Jlpelines and gas utUltles would also be
greater than the prices they would continue
to charge for gas to many of their Indus-
trial customers.
Pipeline gas manufactured from domestic
coal or from Imported petroleum feedstocks
will probably have costs In the same range
as those of Imported LNG ($1.00 or more per
mUlion BTU) . Unlike the LNG projects, how-
ever, coal gasification uses a secure domes-
tic resource; the petroleum feedstocks for
SNG plants can be obtained from diverse
sources, so that they would be less vulnerable
to supply interruptions. In addition, the cap-
ital costs per unit of throughput capacity are
far less for oil conversion than they are for
LNG, so that gas from oil is a considerably
cheaper source for "peak-shaving" service
than Imported LNG. The pending LNG proj-
ects may require both shipbuilding subsidies
and subsidized loans from the Export-Import
Bank.
Except for peak-shaving purposes, the
market for any of these natural gas sub-
stitutes in the near future Is an artificial
one. created by a combination of field price
control, "rolled-ln" pricing by pipelines and
UtUltles. and promotional rates to Industrial
customers. Some analysts contend that this
market and the current gas shortage would
both disappear If Industrial gas consumers
were charged 'incremental" prices, that Is.
, the cost of replacing the gas that they burn.
11. What are the current policies and
control mechanisms regarding the imports of
Liquefied Natural Gas and Synthetic Nat-
ural Gas feedstock? To what extent are the
cost and security aspects Identified In the
responses to question 10 reflected In the
regulatory policies of the Federal Power
Commission, leasing and other policies of the
Interior Department, trade promotion activ-
ities of the Commerce Department, and In
trade and energy policies of other agencies?
12. What are the realistic dangers and the
opportunities for the United States in the
6.\portlng countries demand for "participa-
tion" In production; Investment by these na-
tions in transportation, refining and market-
ing In the U. S.; and In the trend toward
nationalization of oil concessions?
DISCUSSION
Petroleum analysts differ as to whether
"participation" Is mainly a cover for addi-
tional tax Increases by the exporting coun-
tries, an effective move toward control of the
rate of development and production as a
foundation for future price Increases, or a
long step toward nationalization. Spokesmen
for some of the exporting countries inter-
pret participation as leading to a stable part-
nership between producers and consumers,
and propose investments by the exporting
nations in the international oil companies'
"downstream (transportation, refining and
marketing) operations.
One school of analysis expects the In-
creased activity of exporter governments
producing and marketing their own oil to in-
tensify competition In crude oil markets, to
the advantage of consumers. Some observ-
ers regard nationalization of the conces-
sions as inevitable, and would welcome an
acceleration of the trend. In which the oU
companies became purchasers of oil. and ex-
ploration and development contractors. Oth-
ers see the companies' role In production
as an Invaluable "buffer" between the pro-
ducer and consumer governments.
Responses to question 12 should Include a
prognosis regarding the trends toward na-
tionalization and toward participation of the
exporting country governments in produc-
tion, or in "downstream" activities, and an
assessment of their respective Implications
for the costs and security of US. energy sud-
plleg.
13. What are the implications for the
United States of the dependence of Western
January 9, 1973
Europe. Japan and other countries upon im
ported energy? What opportunities exist for
cooperation between the United States and
other consumer countries to restrain the
costs or enhance the security of their enerev
supplies? ^'
DISCUSSION
Western Europe, Japan and many other
countries are proportionally more dependent
upon oil and gas imports, and particularly
upon crude oU Imports from the Middle East
and North Africa, than is the US Risln?
prices of oil from OPEC countries, and the
possibility of supply interruptions, are rela-
tively more serious for these nations than for
the U.S. One purpose of question 13 I3 to
compare the policies and measures taken by
other countries Individually and collectively
to reduce the cost, or enhance the securltv
of their energy supplies.
What are the current policies of these
countries individually regarding stable de-
velopment of domestic energy supplies; di-
versification of import sources; emergency
storage and rationing, promotion of conipeti-
tion in domestic energy markets; encourage-
ment of diversity of energy sources, relations
with exporter countries and with the inter-
national oil companies? What collective ac-
tion have consumer countries, including the
U.S., taken, or may be expected to take,
through International organizations, bilat-
eral or multilateral arrangements in order
to enhance their security of energy supplies
and to protect against growing OPEC
strength? For example, what progress has
been made within the OECD and the EED, or
within the Zurich Group with regard to these
Issues? Is such action sufficient? If not. in
what areas Is it deficient? Are there actions
the U.S. should encourage regarding develop-
ment of consumer country cooperation as
related to energy Import policy?
NOTICE OF HEARING ON CERTAIN
NOMINATIONS
Mr. EASTLAND. Mr. President, on be-
half of the Committee on the Judiciarj',
I desire to give notice that a public hear-
ing has been schedule for Wednesday,
January 17. 1973, at 10:30 a.m.. in room
2228. Dirksen Senate Office Building, on
the following nominations.
Joseph T. Sneed, of North Carolina, to
be Deputy Attorney General, vice Ralph
E. Erickson.
Robert H. Bork. of Connecticut, to be
Solicitor General of the United States,
vice Erwin N. Griswold.
At the indicated time and place per-
sons interested in the hearing may make
such representations as may be per-
tinent.
ADDITIONAL STATEMENTS
ORDER OF THE PRESIDENT PRO
TEMPORE IMPLEMENTING THE
PROVISIONS OF THE FEDERAL
PAY COMPARABILITY ACT
Mr. EASTLAND. Mr. President, pur-
suant to authority contained in the Fed-
eral Pay Comparability Act of 1970, the
President of the United States, by Ex-
ecutive Order 11691 of December 15.
1972, authorized a 5.14-percent salarj'
increase for the Federal pay systems
under his jurisdiction.
In discharging my responsibility as
President pro tempore of the Senate
January 9, 1973
CONGRESSIONAL RECORD — SENATE
675
under authority vested in me by section
4 of the Federal Pay Comparability Act
of 1970, I issued an order on Decem-
ber 16, 1972, implementing the action of
the President for officers and employees
of the U.S. Senate. I ask unanimous con-
sent that this order be printed in the
Record.
There being no objection, the order
was ordered to be printed in the Record,
as follows:
Order, U.S. Senate, Office of the President
Pro Tempore
By virtue of the authority vested In me by
section 4 of the Federal Pay Comparability
Act of 1970. it Is hereby-
Ordered,
CONVERSION TO NEW MULTIPLE
Section 1. (a) Except as otherwise specified
In this Order or unless an annual rate of
compensation of an employee whose com-
pensation Is disbursed by the Secretary of
the Senate is adjusted In accordance with
the provisions of this Order, the annual rate
of compensation of each employee whose
compensation is disbursed by the Secretary
of the Senate Is adiusted to the lowest mul-
tiple of $272 which is not lower than the
rate such employee was receiving immedi-
ately prior to January 1. 1973.
(b) For purposes of this Order —
(1) "employee" Includes an officer other
than a Senator; and
(2) "annual rate of compensation" shall
not include longevity compensation author-
ized by section 106 of the Legislative Branch
Appropriation Act, 1963. as amended
RATE INCREASES FOR SPECIFIED POSITIONS
Sec 2. (a) The annual rates of compensa-
tion of the Secretary of the Senate, the Ser-
geant at Arms, the Legislative Counsel, the
Comptroller of the Senate, the Secretary for
the Majority (other than the present Incum-
bent), the Secretary for the Minority, and
the four Senior Counsel In the Office of the
Legislative Counsel (as such rates were In-
creased by prior orders of the President pro
tempore) are further Increased by 5.14 per-
cent, and .as so increased, adjusted to the
nearest multiple of $272. Notwithstanding
the provisions of this subsection, an Indi-
vidual occupying a position whose annual
rate of compensation is determined under
this subsection shall not be paid, by reason
of the promulgation of this Order, an an-
nual rate of compensation in excess of the
annual rate of basic pay, which Is now or
may hereafter be in effect, for positions In
level V of the Executive Schedule under sec-
tion 5316 of title 5, United States Code.
(b) The maximum annual rates of com-
pensation of the Secretary for the Majority
(as long as that position is occupied by the
present incumbent), the AssLstant Secretary
of the Senate, the Parliamentarian, the Fi-
nancial Clerk, and the Chief Reporter of
Debates (as such rates were Increased by
prior orders of the President pro tempore)
are further increased by 5.14 percent, and
as so Increased, adjusted to the nearest mul-
tiple of $272. Notwithstanding the provl-
slons of this subsection, an individual occu-
pying a position whose annual rate of com-
pensation Is determined under this subsec-
tion shall not have his compensation fixed,
by reason of the promulgation of this Or-
der, at an annual rate In excess of the an-
nual rate of basic jay, which Is now or may
hereafter be In effect, for positions at such
level V.
(c) The maximum annual rates of com-
pensation of the Administrative Assistant In
the Office of the Majority Leader, the Ad-
ministrative Assistant In the Office of the
Majority Whip, the Administrative Assistant
in the Office of the Minority Leader, the Ad-
ministrative Assistant In the Office of the
Minority Whip, the seven Reporters of De-
bates in the Office of the Secretary, the As-
sistant Secretary for the Majority, the As-
sistant Secretary for the Minority, the As-
sistant to the Majority and the Assistant to
the Minority In the Office of the Secretary,
the Legislative Assistant In the Office of the
Majority Leader, and the Legislative Assist-
ant in the Office of the Minority Leader
( as such rates were Increased by prior orders
of the President pro tempore) are further
Increased by 5.14 percent, and as so In-
creased, adjusted to the nearest multiple of
$272. Notwithstanding the provisions of this
subsection, an individual occupying a posi-
tion whose annual rate of compensation Is
determined under this subsection shall not
have his compensation fixed, by reason of
the promulgation of this Order, at an annual
rate in excess of $35,904. until the annual
rate of basic pay for positions at such level
V is increased to $39,000 or more, except
that ( 1 ) any Individual occupying the posi-
tion of Adrninlstratlve Assistant In the Of-
fice of the Majorltv Whip or Minority Whip
shall not have his compensation fixed, by
rea.son of the promulgation of this Order,
at an annual rate in excess of $34,544 until
such rate for level V Is increased to $39,000
or more, and (2) any Individual occupying
the position of Assistant to the Majority or
Assistant to the Minority In the Office of the
Secretary, Legislative Assistant In the Office
of the Majority Leader, or Legislative As-
sistant In the Office of the Minority Leader
shall not have his compensation fixed, by
reason of the promulgation of this Order, at
an annual rate in excess of $34,272 until
such rate for level V Is Increased to S39,000\
or more.
CHAPLAIN'S OFFICE
Sec 3. 'The annual rate of compensation
of the Chaplain Is adjusted to that multiple
of $272 which Is nearest to the annual rate
of compensation he was receiving Immedi-
ately prior to January 1, 1973. The maximum
annual rate of compensation for the posi-
tion of secretary to the Chaplain is that
multiple of $272 which Is nearest to, but not
less than, the maximum annual rate of com-
pensation in effect for such position immedi-
ately prlod to January 1. 1973.
OFFICES OF THE SENATE
Sec. 4, (a) Any specific rate of compensa-
tion established by law, as such rate has
been Incresised by or pursuant to law. for
any position under the Jurisdiction of the
Sergeant at Arms shall be considered as the
maximum annual rate of compensation for
that jjosltlon. Each such maximum annual
rate Is increased by 5.14 percent, and as so
increased, adjiuited to the nearest multiple
of $272.
(b) The maximum annual rates of com-
pensation for positions or classes of posi-
tions (other than those positions referred to
in section 2 (b) and (c) of this Order) under
the Jurisdiction of the Majority and Minority
Leaders, the Majority and Minority Whips,
the Secretary of the Senate, the Secretary
for the Majority, the Secretary for the Min-
ority, and the Comptroller of the Senate are
increased by 5.14 percent, and as so increased,
adjusted to the nearest multiple of $272.
(c) The following Individuals are author-
ized to Increase the annual rates of compen-
sation of the employees specified by 5.14
percent, and as so increased, adjusted to the
nearest multiple of $272 :
(1) the Vice President, for any employee
under his jurisdiction;
(2) the President pro tempore, for any em-
ployee under his Jurisdiction (other than the
Comptroller of the Senate) ;
(3) the Majority Leader, the Minority
Leader, tlie Majority Whip, and the Minority
Whip, for any employee under the Jurisdic-
tion of that Leader or Whip f subject to the
provisions of section 2(c) of this Order);
(4) the Majority Leader, for the Secretary
for the Majority so long as the position Is
occupied by the present Incumbent (subject
to the provisions of section 2(b) of this
Order);
(5) the Secretary of the Senate, for any
employee under his Jurisdiction (subject to
the provisions of section 2(b) and (c) of this
Order);
(6) the Sergeant at Arms, for any employee
under his Jurisdiction;
(7) the Comptroller of the Senate, for his
auditor;
(8) the Legislative Counsel, subject to the
approval of the President pro tempore, for
any employee in that Office (other than the
four Senior Counsel ) ;
(9) the Secretary for 'Wie Majority and the
Secretary for the Minority, far any employee
under the jurisdiction of that Secretary
(subject to the provisions of section 2 (c)
of this Order) ; and
( 10) the Capitol Guide Board, for the Chief
Guide, the Assistant Chief Guide, and the
Guides of the Capitol Guide Service.
(d) The figure "$777", appearing in the
first sentence of section 106(b) of the Leg-
islative Branch Appropriation Act, 1963, as
amended i as provided in section 4(d) of the
Order of the President pro tempore of Decem-
t>er 23, 1971) , shall be deemed to refer to the
figure "$816".
(e) The limitation on the rate per hour per
person provided by applicable law immedi-
ately prior to January 1. 1973. with respect
to the folding of speeches and pamphlets for
the Senate, is Increased by 5.14 percent. The
amount of such increase shall be computed to
the nearest cent, counting one-half cent and
over as a whole cent,
COMMITTEE STAFFS
Sec 5. (a) Subject to the provisions of
section 105 of the Legislative Branch Appro-
priation Act. 1968, as amended (as modified
by this Order), and the other provisions of
this Order, the chairman of any standing,
special, or select committee of the Senate-
(Including the majority and minority policy
committees and the conference majority and
conference minority of the Senate t. and the
chairman of any joint committee of the
Congress whose funds are disbursed by the
Secretary of the Senate are each authorized
to Increase the annual rate of compensation
of any employee of the committee, or sub-
committee thereof, of which he is chairman,
by 5.14 percent, and as so Increased, adjusted
to tlie nearest multiple of $272.
(b)(1) The figures "$8,288", "$15,281".
"$14,245", "»18,648" "$22,533', and "820.461"
appearing in section 105 (e) of the Leelsla-
tlve Branch Appropriation Act, 1968, as
amended (as provided in section 5 (b) (1)
of the Order of the President pro tempore
of December 23, 1971), shaU be deemed to
refer to the figures "$8,160", "816,048",
••$14,144", "818.496-. "823.664". and "$20,400".
respectively.
(2) The maximum annual rates of 836,519.
$38,073, and $39,627 appearing In such sec-
tion 105 (e) las provided In section 5(b) (2i
of such Order of December 23. 1971) are
each further increased by 5 14 percent, and'
as so Increased, adjusted to the nearest
multiple of $272. and shall be deemed to
refer to the figures "$38,352"', "$39,984". and
"$41,616". respectively. Notwithstanding the
provisions of this paragraph, any Individual
occupying a position to which any such rate
applies (A) shall not have his compensation
fixed at a rate exceeding $32,912, 834,544, or
$35,904 per annum, respectively, as long as
176
CONGRESSIONAL RECORD — SENATE
1 he annual rate of basic pay for positions at
i evel V of the Executive Schedule under
! ectlon 5316 of title 5. United States Code, is
less than $39,000. and iB) shall not have his
I ompensatlon fixed at a rate exceeding
i 35.632, $37,264. or $38,896 per annum, re-
! pectlvely, as long as such annual rate for
lositlons at that level V Is 839,000 or more
)ut less than $42,000.
SENATORS' OFFICES
Ssc. 6. (a) Subject to the provisions of
lectlou 105 of the Legislative Branch Ap-
])roprlatlon Act, 1968, as amended (as modi-
led by this Order) , and the other provisions
if this Order, each Senator Is authorized to
ncrease the annual rate of compensation of
iny employee In his office by 5.14 percent,
I ind as so Increased, adjusted to the nearest
nultlple of $272.
(bi The table contained In section 105
d)(l) of such Act (as provided in section
1(b) of the Order of the Presldexit pro tem-
lore of December 23, 1971) shall be deemed
o read as follows:
■•$327,216 if the population of his State Is
les-s than 3.000,000;
"$355,776 If such population Is 3,000,000
')ut less than 4,000.000;
'■$381,616 of such population Is 4,000,000
(ut less than 5,(X»0,000;
■•$401,200 if such population is 5,000,000
)ut less than 7,00,000:
'•$422,416 if such populaftlon Is 7,000,000
)ut less than 9,000,000:
".$446,080 If such population Is 9,000,000
)ut less than 10.000,000;
"$469,744 if such population Is 10,000.000
'>ut less than 11.000,000;
"$493,408 if such population Is 11,000,000
)ut less than 12.000.000:
■'$517,072 If such population is 12,000,000
)ut less than 13,000,000;
"$540,192 If such population Is 13,000.000
)ut less than 15.000.000;
"563.312 If such population Is 15,000,000
liut less than 17.000.000;
•'$586,160 If such population Is 17,000,000
nr more.".
(c)(1) The figures "$1,295", "$20,720",
i.nd "$27,972". appearing In the second sen-
ence of section 105(d)(2) of such Act (as
jirovided In section 6(c)(1) of such Order
(if December 23, 1971) shall be deemed to
lefer to the figures "$1,088'^, ■■$21,760'^, and
• 529,376", respectively,
(2) The maximum annual rates of $33,-
i 29, $35,483, and $37,037 appearing In such
second sentence (as provided in section
)(c)(2) of such Order of December 23,
971) are each further Increased by 5.14
percent, and as so Increased, adjusted to
he nearest multiple of $272, and shall be
deemed to refer to the figures "$35,632'*,
'$37,264", and ••$38,896", respectively. Not-
vlthstandlng the provisions of this para-
graph, any Individual occupying a position
o which such rate applies shaU not have
lis compensation fixed at a rate exceeding
132,912, $34,544, or $35,904 per annum, re-
I pectlvely, until the annual rate of basic
)ay for positions at level V of the Execu-
Ive Schedule under section 5316 of title
I, United States Code, is Increased to $39,000
ir more.
GENERAL LIMITATION
Sec. 7. (a) The figure '•$1,295 " appearing in
section 105(f) of the Legislative Branch Ap-
jiroprlatlon Act, 1968, as amended (as pro-
ided in section 7(a) of the Order of the Pres-
dent pro tempore of December 23, 1971) shall
le deemed to refer to the figure "$1,088".
(b) The maximum annual rate of com-
] lensatlon of $39,627 appearing in such sec-
ion ^as provided In section 7(b) of such
Order of December 23. 1971) Is further in-
( reased by 5.14 percent, and as so Increased,
adjusted to the nearest multiple of $272, and
shtill be deemed to refer to the figure
"$41,616 ". Notwithstanding the provisions of
this subsection, any individual occupying a
position to which such rate applies (1) shall
hot have his compensation fixed at a rate
exceeding $35,904 per annum as long as the
annual rate of basic pay for positions at level
V of the Executive Schedule under section
5316 of title 5. United States Code, Is less than
$39,000, and (2) shall not have his compen-
sation fixed at a rate exceeding $38,896 per
annum as long as such annual rate for posi-
tions at level V is $39,000 or more but less
than $42,000.
NOTIFYING DISBURSING OmCE OF INCREASES
Sec. 8. In o»der for an employee to be paid
an Increase In the annual rate of his compen-
sation authorized under section 4, 5, or 6 of
this Order, the Individual designated by such
section to authorize an increased rate shall
notify the disbursing office of the Senate In
writing that he authorizes an increase in
such rate for that employee and the date such
Increase is to be effective.
/ DUAL COMPENSATION
Sec. 9. The figure ••$7,724" contained In sec-
tion 5533(c) (1) of title 5, United States Code,
insofar as such, section relates to individuals
whose pay is disbursed by the Secretary of
the Senate, shall be deemed, insofar as such
section relates to such Individuals, to refer
to the figure ••$9,080".
EFFECTIVE DATE
SEC. 10. Sections 1-9 of this Order are ef-
fective January 1, 1973. This section shall not
be construed as prohibiting the filing with
the disbursing office of the Senate, on any
day earlier than such date, a notice author-
izing an Increase under this Order in the
rate of compensation of an individual If such
Increase Is not effective prior to such date.
James O. Eastland,
President pro tempore.
, December 16, 1972.
SKYJACKINGS
Ml-. SCOTT of Pennsylvania. Mr.
President, during the adjournment
period we unfortunately witnessed an-
otlier series of skyjackings and at-
tempted skyjackings. One of them, which
covered nearly the entire North Ameri-
^can Continent, involved the shooting of
a pilot. The time has come to put a stop
to this, and it can be done, with the full
support of the administration.
Although skyjacking is really an inter-
national problem, we must make every
effort to eliminate the United States as
the origination point. Much has been
done already. Approximately $3.5 mil-
lion has been allocated for the purchase
of magnetometers and other metal de-
tecting devices. The Federal Aviation
Administration has ordered nearly 2,300
of them. The airlines themselves have
already procured over 1,300 at their own
expense. The central problem, however,
is to have the personnel available both
to monitor this equipment and the pas-
sengers too. To date, this effort has been
less than successful.
During the 92d Congress, the Senate
unanimously adopted an amendment to
the Anti-Hijacking Act of 1972 which
required screening by weapon detection
devices of all air passengers and their
carry-on possessions. The amendment
January 9, 1973
also proposed to create an air transpor-
tation security force "to provide a law
enforcement presence and capability at
airports in the United States adequate
to insure the safety from criminal vio-
lence and air piracy of persons traveling
in air transportation or intrastate air
transportation." The security force
would be trained and responsible to the
FAA and would have the authority to
detain, search and arrest any person be-
lieved to have violated existing antihl-
jack laws and regulations. Unfortu-
nately, the administration opposed this
amendment and the bill died.
The administration's earlier position
on the law enforcement issue was a com-
mitment to replacing Federal personnel
with local law enforcement personnel
not later than mid- 1974. 1 could not sup-
port this view because I do not regard
skyjacking as a "local" crime. Nor do I
feel that local law enforcement officials
have either the manpower or the exper-
tise neces.sary to handle such a dlfBcult
and delicate operation. Certainly there
are no major cities which could' effec-
tively shoulder the cost of maintaming
such a local security force. I appreciate
the administration's concern over the
cost and the wisdom of establishing a
Federal security force at our airports
Yet, on balance, I feel that it Is in the
interests of all Americans that it be
done.
Tlie administration's current plan is
quite similar to the one adopted by the
Senate last year. However, the fatal flaw
still seems to be the reliance on local
law enforcement officials. As for financ-
ing, the administration suggested that
the traveling public should bear the cost
In attempting to comply with the spirit
of the administration's proposal, the Air
Transport Association, representing the
Nation's scheduled airlines, sought to
impose a $l surcharge on all airline
tickets to cover the new antihijacking
costs. However, the request has been ten-
tatively rejected by the Civil Aeronau-
tics Board, thus unfairly burdening the
airlines. This alone should indicate that
the administration's proposals need to
be reviewed.
On the International front, the ad-
ministration has done an outstanding
job. Secretary of State Rogers Is lead-
ing an effort to develop a multilateral
convention to effectively deny safe ha-
vens to the hijacker. President Nixon re-
cently signed the Montreal Sabotage
Convention, an international agreement
requiring the extradition or prosecution
of anyone who commits sabotage or vio-
lence against international civil avia-
tion. In addition, President Nixon
strongly supports three measures now
being considered in the United Nations
and in the International Civil Aviation
Organization, First, a draft convention
providing for the prosecution or extra-
dition of persons who attack or kidnap
foreign officials. Second, a convention
providing for the suspension of air
service to countries which fall to pun-
ish or extradite hijackers or saboteurs of
civil aircraft. And third, a new conven-
Januanj 9, 1973
CONGRESSIONAL RECORD — SENATE
677
tion proposed by the United States which
would require the prosecution or extra-
dition of any person who seriously In-
jures, kidnaps, or kills innocent civilians
In a foreign state for the purpose of
blackmailing any state or International
organization.
Before it is too late, before we lose
several hundred people In one massive
air tragedy, let us resolve to end air
piracy and international homicide. The
administration should support the es-
tablishment of a Federal security force
at our airports. The International com-
munity should promptly ratify those
conventions dealing with terrorism. We
simply cannot allow a situation in which
the (ierman Government, for example,
must give up Arab murderers of Israeli
athletes to a demented military ruling
clique in Libya. Public opinion marked
the German decision as wrong, but with
the efforts of all nations, it might never
have gotten that far. Even the Cuban
(jovemment has indicated that it wants
no part of these international fugitives
from justice.
I certainly hope that one of the first
pieces of legislation to come before the
senate this year will be the Antihi-
jacking Act of 1973. And I further hope
that, if cleared by both Houses of Con-
gress, it will be signed by the President.
MILITARY TAKING OVER OFFICE OF
EMERGENCY PREPAREDNESS
Mr. PROXMIRE. Mr. President, the
Office of Emergency Preparedness has
been turned into a gold-plated home for
retired military personnel. Today there
are 46 retired colonels or captains alone
at work in the Office of Emergency Pre-
paredness. In 1968 there were 11.
The percentage of retired military
personnel on the professional staff of
OEP has increased from 6 percent 4 years
ago to over 21 percent now. This is five
times as high as the average number
of retired military personnel at work
throughout the executive branch.
HIGH SALARIES FOR MILITARY
These retired officers have been
brought into OEP at very high grades,
most of them in the $20,000 to $36,000
range.
The militarization of OEP raises some
critical questions. Does this now mean
that OEP will be another spokesman for
the Pentagon in the National Security
Council'' Since the Director of OEP tra-
ditionally has served on certain national
resource panels, is it possible that in a
showdown between domestic and military
resource allocation, the new Director of
OEP will favor the military regardless of
the merits of the particular case?
The Office of Emergency Preparedness
has several responsibilities. It makes
plans for emergency economic controls
during wartime. At present, the unit in
OEP with this power is staffed with re-
tired military personnel at a 38 percent
level.
OEP also has jurisdiction over Federal
disaster relief. The specific OEP unit with
this responsibility Is more than half
filled with retired colonels.
MORAU: AFFECTED
The morale of the career civilians
working at OEP has been badly disrupted
by this dramatic influx of retired mil-
itary. In many cases, division chiefs have
actively recruited former friends, neigh-
bors, and associates to join them at the
expense of the civilians remaining in
their posts.
It is strange that the activities of the
Office of Emergency Preparedness cannot
be handled by civilians but require the
"special qualifications" of retired mil-
itary personnel. An explanation is due
the public and the civilians at OEP and
in other Government posts.
THE BILL OF RIGHTS
Mr. HANSEN. Mr. President, It has
been my privilege to receive from the
Francis E. Warren Post 1881 of the
Veterans of Foreign Wars of the United
States, Cheyenne, Wyo., the first, sec-
ond, and third place winning entries in
the Post's "1972 Bill of Rights Essay
Contest."
The winning essays were submitted by
grade school children in Laramie
County, Wyo., and they indicate that
these children and their contemporaries
have a sound appreciation of the values
of America's freedoms to individual citi-
zens and to society.
The entries selected by Post 1881 were
submitted by the following youngsters:
first place, Georgeann Darden of Pine
Bluffs; second place, Laurie Weiruch of
Miller School, Cheyenne; and, third
place, Lisa Bates of Fairview School,
Cheyenne.
Mr. President, I ask unanimous con-
sent that these essays be printed in the
Record.
There being no objection, the essays
were ordered to be printed in the Record,
as follows:
What the Bill op Rights Means to Me
(By Georgeann Darden, first place winner)
The Bill of Rights can be expressed with
one word — Freedom.
Too many of us take the Bill of Rights
for granted without really stopping to realize
what it means,
Tlie individual freedoms guaranteed to us
by our American Bill of Rights permit me
to attend the church of my own choice with-
out fear of persecution, allow me to read
other person's thoughts and ideas in a free
press, and the right to assemble enables me
to attend clubs and organizations of my
choice. After discussion with my parents I
realize more the privilege it Is to keep and
bear arms should a situation arise where we
had to defend ourselves.
Because of the Bill of Rights my family
doesn't have to board soldiers. The Bill of
Rights also protects my family from search
and seizure without a warrant.
I cannot be Incriminated without reason.
That means much to me because It permits
me to have my own thoughts and ideas.
The right to have a speedy and fair trial
insures that we will not be delayed from
work, school, or homes for an unnecessary
length of time.
The last article provides that the citi-
zens of America may enact new laws and al-
lows me to contribute to the human rights
of my government.
Who can take advantage of the Bill of
Rights? Any American can, I like to remem-
ber the last four letters of American are I
CAN!
What the Bill of Rights Means To Me
(By Laurie Weiruch, second place winner)
I think that without the Bill of Rights we
would be without freedom. We might be
pushed to accept one certain religion. We
might not have protection in our homes. We
could be searched or seized against our will
or pushed out of our homes during war, so
troops could use them. At trials don't you
want the right not to be forced to say things
which might Incriminate you. or get to have
your trial as soon after you're accused as
possible? Without the BUI of Rights courts
could give you your trial without a Jury or
hold you for excessive baU. All of our rights >
are protected by the constitution. Our last
right Is that the federal governmental power
is limited to only what the constitutions
says.
We the people made our government for
the good of the people. And we the people
run It. Many of our ancestors left the old
world because It was unfair. We couldn't
have the type of religion we wanted nor any
other rights. When we came to America little
was changed. We had no organization and
no government, just the Idea we were free.
So we made the constitution and added
ten amendments, calling them the Bill of
Rights to protect this freedom. The Bill of
Rights seems that we as Americans have pro-
tected rights and as Americans we have a
responsibility to protect them.
What the Bill of Rights Means to Me I
(By Lisa Bates, third place winner)
The Bill of Rights Is our guarantee of free-
dom and every so often we should stop and
think what our life would be like without
these rights.
Can anybody in modern days even imagine
that, without the fourth Amendment, our
homes could be searched, our property taken
and people could be arrested without good
reason or legal authority?
How difficult Is It for us to understand that
there are still countries In this world where
people are not allowed to diseigree with the
government or practice any religion they
choose. Without the 1ST Amendment the
same conditions could exist In our country
also.
If I could picture that I myself, or someone
I know v.ere accused of a crime, how grateful
would I be for the protection of the 5th and
6th and 8th Amendments, I know that It is
my right to be told what I am accused of, to
be tried as soon as possible, and to be Judged
by an Impartial Jury. I know that I will not
be punished cruelly as by torture. If I am
found not guilty, how good It Is to know that
I can never be tried for the same crime again, i
There are many more safeguards of freedom '
In the BUI of Rights which we take for
granted In everyday life. But looking back at
the days before these rights were guaranteed
by law, I am happy and proud to live In a
country where freedom and liberty are pro-
tected for everyone.
THE RIGHTS OF THE NONSMOKER
Mr, MOSS. Mr. President, every day
the civil rights of nonsmokers across this
country are being infringed upon by dis-
courteous smokers.
Whether or not an individual will
678
CONGRESSIONAL RECORD — SENATE
smoke is his own decision. We can try to
persuade, cajole, coerce individuals into
not smoking, but the right to smoke is a
personal right.
But along with the right to smoke,
there is not a right to infringe upon the
air breathed by the nonsmoker. Pollution
given off by the smokers' cigarettes is dis-
comforting and it may, in fact, be a
health hazard.
I would think that the courteous smok-
er would ask whether his habit bothers
tho.se surrounding him when he is in a
pubhc place. If so, he should refrain from
^moking.
Lynn R. Smith, publisher of the Monti-
lello Minnesota Times recently wrote a
full page editorial on the rights of the
nonsmoker. I call it to my colleagues' at-
tention and urge that they read it and
heed it.
Mr. President. I ask unanimous con-
sent that the editorial referred to above
oe printed at this point in the Record.
There being no ob.jection, the editorial
ivas ordered to be printed in the Record,
j-s follows:
The Tyranny of Smoking
(By Lynn R. Smith)
Non-smokers of the world, unite. You have
ii>thlng to lose but your oppression.
Heard increasingly across the land Is this
a.'-ion call to arms of non-smokers who have
iiig suffered In silence the stings of outrage-
u^i-pss by smokers.
D'-cadei ago public revulsion against a
j-.'xe popular habit saw the demise of the
.pittoon. Today's enlightenment cries out for
opposition to a not-unlike form of pollution
ind Inconslderatene.ss: Smoking. In the fore-
Tont of the crusade must be the heretofore
^ilent majority of non-smokers.
•The tin-.e Is ripe for the government and
oluntary groups to mount a more vigorous
jriigram on all fronts to portray smoking
or what it really is — a dirty, smelly, foul,
:aronic form of suicide." The words are those
>1 the U.S. Surgeon General Jesse L. Steinfeld.
Cigarette disease has been flatly branded
jy a U.S. health agency as "one of the fore-
nost preventable causes of death and dls-
Lbility in the U.S.." In Great Britain, smok-
ng has been officially designated as "the chief
ivoidable menace to health."
There's little doubt that smoking con-
titntes a formidable fee. The war against
t won't be easy. Some of your best friends
nay even be smokers.
At Issiie Is the non-smoker's basic right to
ireathe clean air as against the smoker's
ight to pollute It. Skirmishes are being
laged across a broad front. And there Is In-
reaslng evidence that minor — yet slgnlfi-
I ant— victories are being won by non-smok-
I rs In fighting the good fight of faith against
his socially unacceptable habit.
Most recently Chief Justice Burger
achieved a singular victory for non-smokers
(in .■\mtrak'3 MetroUner between Washington,
).C.. and New York who were perforce sub-
ected to befouled air In the train's club car.
Here are more frlnstances: More airlines
! re providing segregated seating for smokers
I nd non-smokers. Hospitals around the coun-
1 ry have begun to restrict areas where smok-
Ing Is permitted. Doctors h&ve banished
■moking from their waiting rooms. Legisla-
tion to restrict smoking In public places has
lieen introduced in several states and in
Congress. And to lend an appropriate official
■ ote to it all. the U.S. Department of Health.
1 Iducation and Welfare prohibits smoking In
Its conference rooms and auditoriums, and
even designates no-smoking aretis In Its cafe-
terias and dining rooms.
Still more examples: A California motel
offers a 10 percent discount to non-smoking
guests. A Texas apartment house reduces the
rent $10 a month for non-smoking tenants.
A Florida metropolitan county bans the sale
of cigarettes and cigars In all Its hospitals,
sanitariums, convalescent homes and nursing
homes. And a Maryland bakeshop owner pro-
hibits smokers "breathing smoke over all my
fresh doughnuts."
For years and years, of course, there has
been statistical proof positive that smoking
is injurious to the health of the smoker
himself. Now with the 1972 report of the U.S.
Surgeon General, "The Health Consequences
of Smoking. " there's ample evidence that
even the health of the non-smoker can be
damaged by breathing someone else's tobacco
smoke. And that's bad news for the millions
and millions of nonsmoking Americans.
As a non-smoker we recognize, of course,
the right of an individual to smoke if he so
desires. We have never questioned the right
of consenting adults to pollute the air in the
privacy of their home. Nor have we objected
to one smoking outdoors (providing he is
situated a sufficient distance downwind).
But smoking in confined public areas is a
different matter. Why should the one-third
American adults who smoke have the right
to foul up the breathing space of the two-
thirds who do not? In the words of one
adamant abstainer: "Why should I be abused
by someone else's hang-up?"
Our interest in the entire thing Is one of
selfishness. The more smokers that swear
off. the better off we ourselves will be.
Not Just from the angle of personal dis-
comfiture or perilous health, either. Smokers
cost the nonsmokers in many other ways. Be-
cause of smokers we pay higher fire Insurance
rates. We pay higher life Insurance rates. As
ta.\payers, we're assessed costs of hospitaliza-
tion-and care for countless patients confined
to public institutions for health reasons that
have arisen from or been aggravated by their
nicotine addiction. And through direct gov-
ernment subsidies to tobacco growers, we're
being taxed further.
So there's good reason for the non-smoker
to enlist in the anti-smoking brigade.
It would be comforting to think that the
health scare alone would be sufficient for the
smokar to kick the habit. It should be. For if
you are a smoker, you've got a much better
chance of dying earlier of cancer, coronary
heart dl.sease. chronic bronchitis, emphy-
sema, gastric ulcers and other ailments than
the non-smoker. How much your life is
shortened depends on how much you smoke.
If you're a mother-to-be that smokes, you
should think bard and long on the unfair
danger you are subjecting your unborn son
or daughter to. Smoking mothers have babies
weighing less on the average than those of
mothers who don't smoke. And smoking
mothers have more still-born children than
mothers who don't smoke.
If both the father and the mother In the
family smoke, there's a likelihood that acute
Illnesses— mostly respiratory — will be twice
as prevalent among the children in that
home than if the parents didn't smoke
Parents set good (or bad. as the case may be)
examples. Youngsters whose parents smoke
will more likely be smokers than those who
grow up in non-smoking homes.
If doctors, educators, and other leaders in-
volved with youth are smokers, their effec-
tiveness In providing the leadership their
position calls for in safeguarding children
from the health hazards of smoking is vir-
tually nullified.
Here's yet another consideration along yet
another line: "If you smoke, you're more
January 9, 1973
likely to have wrinkles." reports a Call-
fornia physician In a comprehensive study
of smokers and nons. "The more you smoke
the more you wrinkle if you're over 30."
These are all indeed serious indictments
against smoking.
Yet possibly the most telling point of all
is the disclosure that smoking itself has a
debilitating effect on one's sexual vigor. Said
one noted psychologist: "Cigarettes destroy
sexual desire. Men who are heavy smokers
can suffer from Impotence."
When you question a man's virility, you
cut to the very core of his manliness.
Cigarette advertising has long portrayed
the smoker as a man of singular vigor, ■you
know, the tattoo ... or the western mien
But the truth lies otherwise.
The smoker may ride tall In the saddle
In the ads. but he's short on performance
in the boudoir.
Advertising-wise, the smoker is often de-
picted hand-and-hand with his lover, cavort-
ing through fields green or alongside water-
falls blue. But that purported "springtime
freshness" of cigarettes provides in actuality
an autumnal chill to the lovers' ardor.
One sales pitch for these new little ciga-
rette-like cigars is blatantly suggestive that
smoking them will make one an alluring
lothario. In his fantasy, this smoker is an
over-believer; in reality, he Is sexually an
under-achiever.
If both the husband and the wife are on
the weed, one can only concUide that in
such households, conjugal activity Is quite
congealed.
Smokers may find some solace in the fact
that one physician did report that some Im-
potent men who had quit smoking "had
their normal se.xual function restored."
But the Jaded and Ill-fated life of the
smoker isn't without hope. It can change. And
change can come so simply. All it takes is
the firm resolve to say. "I quit."
Those who do renounce cigarettes will
find — apart from ridding themselves of the
abhorrent messlness of the habit, and the in-
cendiary threat to life and property from way-
ward reefers — that they will experience one
of life's most rewarding joys and personal
triumphs; Tlie gone-forever slavish depend-
ence on a bunch of dried up vegetation in a
little tube that you light a smudge fire to
underneath your nose.
Besides, you'll save a bundle!
Such a resolve, too, will put you on the
side of the environmental angels. For in
booting the smoking habit, you will have
made Individually a contribution in the fight
against air pollution.
Your saying nix to nicotine may be only
one small step for mankind, but it will be
one giant step for yourself. In so doing, you
will feel better . . . smell better . . . taste bet-
ter .. . look better . . . and breathe better.
And breathing Is reallv what life is. Isn't
it?
If Yoti'RE Resolved to Quit. Here are Tips
That Can Help
Psychologists say that half of all cigarette
smokers can stop smoking without inordlrate
difficulty, provided they make up their mlr.ds
that they really want to get off the weed per-
manently. If you're afraid you can't quit the
"cold turkey" way, here are some recent tips
on quitting gradually, courtesy of the Amer-
ican Cancer Society:
Set a date to quit. Immediately switch
from your current brand to low tar and
nicotine cigarettes.
Chart your smoking habits for two weeks-
how much you smoke and when. Decide
which cigarettes you enjoy most (for in-
stance, those you smoke after a meal) and
which you like least. Then make a commit-
ment to cut them out at those times.
Januanj 9, 1973
CONGRESSIONAL RECORD — SENATE
679
Load up on substitutes — mints, gum, an
Inhaler, ginger root. Some ex-smokers re-
port tliat lobeline sulfate tablets, available
without prescription, help satisfy the craving
for nicotine.
Really quit on the day you plan to. Reward
yourself with a good dinner, the theater, etc.
Avoid your ctistomary cocktail, however.
Breaking the smoking-while-drlnklng habit
can be the toughest of all.
If you want to raise your consciousness
level of just how dangerous cigarettes are,
write for the Health, Education & Welfare
Dept.'s smoker's self-testing kit. available
through the Superintendent of Documents,
as. Government Printing Office, Washing-
ton, D.C. 20402 (10c ).
RESOLUTION OF APPRECIA'nON
FOR SENATOR MARGARET CHASE
SMITH
Mr. BENNETT. Mr. President, I ask
unanimous consent to have printed in
the Record a resolution adopted by the
Senate Republican Conference.
There being no objection, the resolu-
tion was ordered to be printed in the
Record, as follows:
Resolution of Appreciation for Senator
Margaret Chase Smith
Whereas the Senate Republican Conference
has been privileged to have Margaret Chase
Smith as a Member for 24 years and Its
Chairman for six years; and
Whereas Senator Margaret Chase Smith Is
known as a quiet woman whose deeds and
speeches touched the heart and conscience
of the Senate and the Nation: and
Whereas she believed that IX her life was
to have meaning, she must live by a creed,
which we quote: "My creed Is that public
service mvist be more than doing a job effi-
ciently and honestly. It must be a complete
dedication to the people and to the Nation
with full recognition that every human be-
ing is entitled to courtesy and consideration,
that constructive criticism Is not only to be
expected but sought, that smears are not
only to be expected but fought, that honor
is to be earned but not bought;" and
Whereas Margaret Chase Smith served In
the House of Representatives from 1940 to
1949, a:id In the United States Senate from
1949 until now, for a total service of 33 years,
being the only woman ever to have been
elected to four full terms in the United
States Senate, and the first woman ever to
have been placed in nomination for the Office
of President of the United States at a na-
tional convention of a major political party.
She holds the all-time consecutive roUcaU
voting record in the entire history of the
Senate with 2,941 votes without a miss,
which, even then, was occasioned by enforced
hospitalization; and
Whereas Margaret Chase Smith has re-
ceived Innumerable honors and awards, has
made extensive trips throughout the world,
conferring with many leaders of nations, and
has been rated as one of America's best and
most effective ambassadors of goodwill, and
for several years has been proposed by many
for the Vice Presidency of the United States
but has repeatedly stated that she preferred
to remain in the Senate; and
Whereas recognizing that talks of reform
represented mostly talk with little improve-
ment, Senator Smith constantly reminded
her colleagues that discipline In observing
the present rules of the Senate would be a
big Improvement In Itself. Along these lines
she thus called for Senators to be expelled
for absenteeism, for which she received some
40,000 letters of support during the past 12
months from all over the country; and
Whereas Margaret Chase Smith has always
believed in speaking quietly but meaning
what she said, and throughout her life has
been an example and champion to all women
everywhere, whereby our exposure to her has
enhanced and enriched all of our lives; now,
therefore be it
Resolved, That Members of the Republican
Conference sincerely thank her for her self-
less devotion to her State, her Country, and
the Senate, knowing that this will inspire us
to liold to the fine tradition she has estab-
lished. Her sincerity, diligence. Intelligence,
and strength of character \^ill not soon be
seen again, for the mold which made her
has been used but seldom. The traditions
of the United States Senate are the richer
for her presence here.
THE GENOCIDE CONVENTION: A
STAND FOR HUMAN RIGHTS
Mr. PROXMIRE. Mr. President, I
again rise in support of the United Na-
tions Convention on the Prevention and
Punishment of the Crime of Genocide.
I hope that these daily reminders that
the convention has yet to be ratified by
the Senate of the United States after a
quarter of a century in existence may
serve one purpose: To allay any fears
that this treaty might be inimical to our
constitutional guarantees. It is my firm
conviction that the Genocide Conven-
tion is not a threat to our constituMonal
liberties: indeed. I submit that it serves
as an outstanding sjTnbol of interna-
tional agreement with the most funda-
mental principle upon which our Nation
was founded, the right of every individual
and group to life, liberty, and the pursuit
of happiness.
We may sometimes fail to appreciate
just what a privilege this is. Perhaps we
have heard the phrase too many times to
appreciate the fundamental hope which
it embraces and which is not realized by
the majority of our brothers in humanity.
Some of us have lived with these protec-
tions so long that we forget that there are
others who do not have this hope. Others,
even within these United States and in
our own generation, have tragically never
known themselves what it is to experi-
ence the free spirit of hope which can
arise from the gift of a life which does
not face discrimination, social oppression,
or the vicissitudes of poverty and poor
health.
The Genocide Convention is an inter-
national agreement which addresses it-
self to the very substance of this hope:
The right to live. Without life there is
not even the potential for happiness or
freedom. And yet in our century there
have been countless instances of the ex-
termination of human potential through
the deliberate and calculated murder of
entire groups of people — who are guilty
of no crime save their ethnic, religious
or national heritage. The death of 6 mil-
lion Jews in Nazi Germany is only the
most outstanding example.
Mr. President, the United States should
not continue to see another Congress to
its end without considering the Genocide
Treaty. We must go on record as a
nation in firm and unequivocal opposi-
tion to the heinous crime of genocide. As
this convention approaches its 25th an-
niversary this year the U.S. Senate has
yet to consider this document in execu-
tive session. Mr. President. I urge that
this body delay no longer on the Geno-
cide Convention.
TRAGEDY IN NEW ORLEANS
Mr. TAFT. Mr. President, we are all
shocked at the bloody spectacle we have
witnessed in New Orleans where a sniper
has killed six persons including three
police officers and wounded 15: others. As
we all recall, this violent outburst be-
gan when the sniper set fire to a iiuiel
and began shooting at the firemen who
came to put it out. This is a grim re-
minder of the dangers which our Na-
tion's policemen and firemen face In dis-
charging their duties. How long must it
be before we recognize that our firemen
and policemen are confronted with a
combat-like situation?
In Cleveland, Chicago, New Orleans,
and other cities, our safety forces have
been fought by demented snipers, ma-
niacs, and deranged criminals. This fact
makes a strong case for favorably con-
sidering S. 203 which I introduced on
January 4 of this year. This bill would
recognize the Federal interest in provid-
ing recognition of dangers to our Na-
tion's policemen and firemen. Like those
who risk their lives for America in wars
overseas, policemen and firemen under
this bill could exclude from their fed-
erally taxable income the first $200
earned each month in police and fire
pay.
The Federal Government does have
an interest in this area and the time
has come when we should recognize the
obligation which we all have to our Na-
tion's safety forces.
We can never bring back the lives of
the policemen and firemen who died in
the line of duty. But we can take this
modest step to recognize their sacrifice
and give them this additional income
as a symbol of the concern which we
have for their safety.
Tliose who saw the New Orleans fire-
man shot when he wa^ nearing the top
of a tall ladder and those who have seen
the bodies of policemen who were killed
in the line of duty know how important
this bill is. If we are ready to do more
than give speeches and wring our hands
about law and order, this is the time to
cosponsor this bill and enact it into law.
ROUNDTABLE DISCUSSION AT
UTAH BROADCASTERS ASSOCIA-
TION MEETING
Mr. MOSS. Mr. President, yesterday I
was scheduled to participate in a round-
table discussion at the Utah Broadcasters
Association meeting. Due to the press
of business in Washington. I could not
attend. However, I would like to share
my views with the Senate on several
critical issues which confront broadcast-
ing.
680
CONGRESSIONAL RECORD — SENATE
January 9, 1972
ADVERTISING
Truthful advertising, informative,
imaginative, tastefully appealing, is a
cornerstone of a healthy, free market
economy.
But advertising which deceives and
misleads, advertising which manipulates
the vulnerable psyches of young children,
advertising which absorbs enormous hu-
man and material resources in wasteful,
spurious product differentiation, and
advertising which becomes a weapon for
the preservation of concentrated eco-
nomic power and inefficiency — such ad-
vertising cheats the consumer, saps the
perfecting fires of competition and sub-
jects our children to an onslaught of
distorted, shallow values.
This is a time in which the American
people are demanding truth and forth-
rightness in all aspects of government
and corporate activity. This is a time of
increasing public concern with deceit
and manipulation.
The ad substantiation program under-
taken by the revitalized Federal Trade
Commission has been but a first step
into what seems to be an endless maze
in the marketplace of fraudulent product
claims and exhortations. But like all
attempts to unscramble any maze, it was
a beginning and coupled with the FTC's
hearings on the impact of advertising
there was a glimmer of hope.
In conjunction with the FTC project
I proposed legislation which would re-
quire an advertiser to provide documen-
tation on the safety, performance, and
eCBcacy of any advertised product or serv-
ice. The rationale of such legislation
was simple: if advertisers are effectively
restricted to claims that are backed
by solid documentation, then advertis-
ing will serve a truly informative func-
tion. The FTC program is still going
through various forms of experimenta-
tion.
I will again introduce legislation to
require advertisers to make available to
the consumer documentation that the
advertiser believes substantiates his
claim. The key material that should be
made available to consumers is a sum-
mary, nontechnical, in lay language,
which constitutes the basis on which the
advertiser makes his claim.
How does this affect broadcasting? As
I see it. in only one way. Say a consumer
wants to know where to obtain docu-
mentation for the advertised claims. The
media in which that advertisement was
displayed should provide the identity of
the sponsor. That's it. No bulky files for
broadcasters to send out. Just a response
to citizen requests for the identification
of the mailing address of sponsors. A
service which I am sure most broad-
casters provide now.
Every television commercial sells a life
style as well as a product. To social
scientists, many current social problems
are related to life styles legitimized by
television commercials. As it stands now.
access to the airwaves is limited, for all
practical purposes, to those who have
something to sell. To a disturbing extent,
the advertisers' values and deeds become
the norm in the Nation's most powerful
communication medium.
Clearly, every American who is con-
cerned about concepts and values pro-
jected into his home from television
commercials has a stake in the current
discussion about advertising. The idti-
mate issue is access — access to mass com-
munications media for those with more
long-range concerns in mind other than
peddling a product. It is a problem whose
goal is to open up the airwaves so that
the advertisers self-serving message is
not our sole source of guidance in mat-
ters involving information about health
and nutrition, the protection of our en-
vironment, the values of our society.
Counteradvertising is one way of pro-
viding balanced access. The precise role
of counter advertising remains a proper
subject for debate.
I am sure the broadcast industry
anxiously awaited my joining in with
those calling for the total elimination of
all broadcast advertising of over-the-
counter drug products. Over-the-counter
drug products are a problem. Many of
these products should not be on the
market. Some of the advertising, per-
haps should not be permitted; but to ban
the advertising of safe and effective
home remedies without any research,
would be a travesty. I have proposed an
alternative. Social scientists have
charged broadcasting with creating a
violent society. They have asked whether
broadcasting has cultivated a "drug cul-
ture." They have inferred that we have
a national preoccupation with sex— due
to our marketing practices. They have
alluded to the prevalent materialism in
our societv as being a result of the adver-
tising.
I propose the creation of a National
Institute of Advertising, Marketing, and
Society. Perhaps it might better be called
an Institute of Marketing and Health.
This research organization would review
various questions and techniques of
marketing and provide, for the first time,
public access to information — informa-
tion which the marketer could use to
tailor his advertising to more construc-
tive social goals : information which reg-
ulatory agencies could use to determine
whether or not certain advertising prac-
tices are truly unfair; information which
the Congress could use to determine
whether or not and to what extent lim-
itations should be placed on the advertis-
ing of certain products, over-the-counter
drugs included; information which the
FCC could use to determine whether or
not to limit advertising directed toward
children.
That is it, pure and simple. A re-
search organization devoted to uncover-
ing the facts necessary for ad marketers
and Government to make Intelligent de-
cisions.
Although the broadcasting industry is
required to serve the public interest, con-
venience, and necessity, the industry has
left much to be desired in its provision
of programing for children. Young chil-
dren are still subject to an assault upon
their sensibilities by advertisers. While
parents would not allow a door-to-door
salesman to peddle to their children
there are no restrictions upon the manip '
Illation of the child's mind by advertisers
During a sample week in 1969, CBS for
example, broadcast 72 minutes of com-
mercials on a single Saturday morning
There were 130 individual sales pitches
and 63 of these, amounting to about 35
half-minutes, consisted of toy commer-
cials. This has improved, but more re-
mains to be done.
I recommend that the highest priority
be given to the establishment of rules
and regulations regarding broadcast
programing and advertising directed to-
ward children, including where neces-
sary, restrictions upon the type, quantity
products, methods, times, and messages
used in such advertising.
The National Institute of Marketing
would be an excellent clearinghouse for
developing the research to support what-
ever rules are necessary.
During the last Congress, I sponsored
legislation which would specify congres-
sional intent in the issuance of broad-
cast licenses. On Saturday I reintroduced
that legislation. There is no question in
my mind that the broadcaster needs some
sort of clarification as to what he can
and cannot do and expect to retain the
license.
But after reading Clay Whitehead's
speech a few weeks ago. I wonder whether
or not we are on the right track. His bill
provides that a broadcaster be reissued
his license upon demonstrating that he
has made a "good-faith effort" or in
OTP's words is 'substantially attimed"
to the needs of his community. Further-
more, the bill preempts the FCC from is-
suing rules or criteria wliich would de-
scribe what is meant by a "good faith
effort."
Perhaps OTP's proposal is well-inten-
tioned, but is it wise? After all, without
guidelines the decision will be purely a
subjective judgment of the FCC whether
or not a station has made a "good faith
effort." Considering Mr. Whitehead's and
Mr. AcNEW's remarks about the Wash-
ington Post, the New York Times, and the
networks, is not it conceivable that the
FCC might rule those newspaper owned
broadcast stations or network owned and
operated stations might not have made
a "good faith effort"? There is no guide-
line for telling the FCC what is meant by
a good faith effort.
The courts would have no yardstick
to measure whether WTOP or WQXR
or a network owned and operated made a
good faith effort and the FCC complied
with its own rules, for under the proposal
there would be no rules. It is purely a
subjective judgment by the FCC which
may be politicized one way or another by
any incumbent President. And under the
current President, it is my belief that the
FCC has been virtually undermined by
the creation of the OflBce of Telecommu-
nications Policy — an ofiBce which has no
statutory authority and answers to no
one save the President. If I were a broad-
caster, I would not want the decision as
to whether or not I put forth a "good
January 9, 1973
CONGRESSIONAL RECORD — SEN ATE
681
faith effort" to rest with the Director of
tlie' OfBce of Telecommunications Policy,
unless there were some indicia by which
my performance could be measured.
The broadcaster needs protection from
harassment. But he also needs protection
from harassment by elected and self-ap-
pointed Dublic figures who would under-
mine the structure of the industry. What
is needed is not a foggy phrase such as
'good faith effort." What is needed is a
broadcaster's bill of rights, spelled out by
FCC, with Congress retaining the right
to accept, reject, or modify this bill of
rights.
I suggest we develop a broadcasters
Bill of Rights to be included as a sub-
stantial portion of the license renewal
legislation. Perhaps minimum standards
should be prescribed in this Bill of
Rights? Perhaps certain specific guide-
lines can be proposed? But in many cases
it is incumbent upon us to formulate a
definitive policy by which each broad-
caster can measure his performance and
say "Yes; I have fulfilled my obhgations
and put forth a good-faith effort."
I ask unanimous consent that a recent
editorial from Advertising Age be printed
in the Record.
There being no objection, the editorial
was ordered to be printed in the Record,
as follows;
A Word of Caution
Broadcasters are looking for a new law
which protects them from capricious harass-
ment at renewal time. In our view, they
should think twice before embracing the re-
newal formula offered by Clay T. Whitehead,
director of the Office of Telecommunlcatlon.s
Policy.
Superficially, It Is an attractive package.
Licenses would run five years instead of three,
and Incumbents would be entitled to re-
newal if they have been "substantially at-
tuned to the needs and interests of the
public " Best of all. the threat from outside
Intervenors would be greatly reduced.
It is evident, however, from Mr. White-
head's own remarks, that the bill leaves so
much to FCC that it could become a devil's
brew. What does that phrase "substantially
attuned to the needs and interests of the
public" mean? Consider Mr. Whitehead's
comments: "Since broadcasters' success in
meeting their responsibility will be measured
at license renewal time, they must demon-
strate it across the board. They can no longer
accept network standards of taste, violence
and decency in programming. If the pro-
grams or commercials glorify the use of
drugs; if the programs are violent or sadistic:
If the commercials are false and misleading,
or simply intrusive and obnoxious, the sta-
tions must Jump on the networks rather than
wince as Congress and the FCC are forced to
do so."
We quote this to illustrate the vast op-
portunity for mischief which the Whitehead
formula leaves to the regulators. It Is pos-
sible that in practice, FCC will be a benev-
olent regulator, accepting any reasonable
showing by Incumbents at renewal time. It
is also evident from Mr. Whitehead's com-
ments that a commission dominated by mili-
tants could make things rough for any li-
censee who happens to be In political dis-
favor.
There Is little security for broadcasters
In a law so vague that licensees In political
disfavor risk the possibility that their news,
entertainment and commercials will be tested
CXIX 44— Part 1
against undisclosed criteria any time the
regulators are so inclined. If there is to be a
new law. It should Include a "bill of rights"
defining responsible performance. Under such
a law, the broadcaster would have at least a
chance of defending himself if he Is bush-
whacked by political opportunists.
RESOLUTION OF APPRECIATION
FOR SENATOR GORDON L. AL-
LOTT
Mr. BENNETT. Mr. President, I ask
imanimous consent to have printed in
the Record a resolution adopted by the
Senate Republican Conference.
There being no objection, the resolu-
tion was ordered to be printed in the
Record, as follows :
Resoltttion of Appreciation for Senator
Gordon L. Allott
Whereas the Senate Republican Confer-
ence was privileged to number Qordon L.
Allott among its membership for 18 years, and
as Chairman of its Policy Committee for four
years; and
Whereas from the very start of his sen-
atorial career Gordon Allott demonstrated
his willingness to work hard and long, show-
ing an ability — without compromising prin-
ciples— to work with representatives of all
shades of opinion to get things done, as a
result of which his colleagues picked him to
serve on two key Senate Committees: Appro-
priations and interior and Insular Affairs;
and
Whereas these same qualities — hard work
and an ability to get along with others —
in 1962 led the late President John F. Ken-
nedy to depart from tradition to appoint
Senator Allott as U.S. Representative to the
United Nations General Asesmbly, the first
time in the history of that organization that
a Senator who was not a member of the For-
eign Relations Committee has been chosen
for the task: and
Whereas Senator Allott's driving energy
has marked his character from his youth
on. In high school he was not only an above-
average student but also an outstanding
athlete at the same time as he held down
afterhours and summer jobs. He entered
Colorado University at age 16 and. while pre-
paring himself for a career as an attorney,
became a member of the track team and. In
1927, captain of that team, later becoming
both junior and senior national Amateur
Athletic Union champion in the 440-yard
hurdles and a member of the All-Amerlcan
track team: and
Whereas he began his legal practice Just
in time to meet, first, the great depression
of 1929, and then the dust bowl, surmounting
both to become county attorney of Prowers
County and subsequently District Attorney
for the 15th Judicial District in Colorado,
and in 1935, the first chairman of the Young
Republican League of Colorado, going from
this to National Committeeman, and then
National Chairman of the Young Republi-
can National Federation; and
Whereas Senator Allott served nearly four
years in the Army Air Corps during World
War II, receiving seven battle stars and a unit
citation, and is now a colonel in the USAP
Reserve (Ret.); and
Whereas he was elected Lieutenant Gov-
ernor of Colorado in 1950 and two years later
re-elected, and In 1954 he was elected to the
United States Senate and re-elected in 1960
and 1966, serving his State and his Country
In the Senate for a total of 18 years; and
Whereas Senator Gordon L. Allott has made
a most Impressive record throughout his
Senate service, having sponsored and worked
successfully for recodification and improve-
ment In the Nation's farm credit laws, and
for research on industrial uses of agricultural
products. He played a key role in passage of
the National Defense Education Act which
is designed to stimulate greater achievements
In science, mathematics, and languages. He
worked tirelessly in the successful effort to
bring Hawaii and Alaska Into the Union as
our 49ih and 50th States, and in protecting
the Interests of labor's rank-and-file in con-
nection with their retirement trust funds. It
Is In the area of public works — flood control,
recreation, power and Irrigation — that Sena-
tor Allott played his most Important role. He
not only served on the Public Works Subcom-
mittee of the Appropriations Committee but
was also second-ranking Republican on the
Interior Committee, thus wielding consid-
erable authority In the fight for resource
development; and
Whereas throughout Gordon Allott's life
one fundamental dominant theme has al-
w.iys underlain all his work: "We must bal-
ance the need for each Federal program
with the other national needs: we must act as
responsible stewards of the taxpayer's money
If this Nation Is to grow;" now therefore be
It
Resolved, That the Members of the Senate
Republican Conference, individually and as a
Body, extend their highest regards and very
personal, sincere esteem to our honored col-
league, Gordon L. Allott. We thank him for
his service among us, and we wish him to
know that the United States Senate Is the
better for his havliig served in It.
NIXON ADMINISTRATION
BLACKMAIL
Mr. WILLIAMS. Mr. President, Secre-
tary Romney announced with great fan-
fare yesterday afternoon that the Nixon
administration "will not curtail subsi-
dized housing starts." Buried In the final
pages of the press release heralding this
enlightened about-face is the fact that
funds are being cut off for water and
sewer grants, open space grants, and
public facility loans "until these activi-
ties are folded into the special revenue-
sharing program."
The hypocrisy of this newly an-
noiuiced policy is astonishing. Presum-
ably we are to have new houses, but we
are to have them without adequate re-
sources for the disposal q^sewaRe or for
the provision of potable water. We are
also supposed to get this new housing
without streets and sidewalks to provide
access to it and without parks and open
spaces around it to make it liveable.
The real import of the statement that
subsidized housing starts will not be cur-
tailed immediately is the fact that only
currently pending applications for Fed-
eral subsidies will be approved. No new
apphcations will be accepted. What we
really see in yesterday's pronouncement
is the fact that our housing programs
are being slowly strangled to death
rather than summarily executed.
I guess we are supposed to sigh with
rehef at the news that while the water
and sewer, open space, and public facili-
ties programs are being discontinued,
the subsidized housing programs have a
year or so in which to perish quietly.
Mr. Nixon's reluctance to support the
682
CONGRESSIONAL RECORD — SENATE
January 9, 1973
water and sewer program has been evi-
dent for quite some time. In 1972. he
impounded SI. 073 billion of the $1.65
billion he was directed to allocate for
the construction of sewage treatment
facilities. Rather than terminating the
program entirely. Mr. Nixon should re-
lease the impounded funds.
The administration has implicitly
conceded in yesterday's revelation that
the three programs which are being ter-
minated are in fact quite important.
Presumably, they are worthy of continu-
ation, but only when Congress enacts Mr.
Nixon's legislation. This is blackmail.
Apparently, it is irrelevant to the Presi-
dent that individual human beings will
suffer, and that our environment and
our urban areas will continue to deteri-
orate. His only concern is that Congress
and the people they represent will
knuckle under to his will.
Mr. President, I ask unanimous con-
sent taat a copy of the HUD press re-
lease tJe printed in the Record.
There being no objection, the press re-
lease was ordered to be printed in the
Record, as follows:
Thb 18-Month Octlook: Administration
Review of Housing Programs Will Not
Curtail Subsidized Housing Starts
HUD Secretary George Romney, speaking
for the Administration, today declared that
subsidized housing starts would continue at
an annual rate of 250.000 for the next 18
months, despite a temporary halt in approv-
ing new commitments. *
Addressing the annual convention of the
National Association of Home Builders in
Houston, Texas, the Secretary made his an-
nual prediction of housing starts, declaring
that starts in 1973 "will exceed 2 mUllon
units for the third year in a row "
"Recent weeks have been filled with many
rumors and stories as to the future level
of Federal support for housing and commun-
ity development programs," he said. "Until
now it has not been wise to comment spe-
liflcally on the rumors because fijial fiscal
decisions had not been made. On last Friday
Eiftemoon, final decisions were made . . ."
Mr. Romney declared that In the decisions
an the housing programs "the time has come
to pause, to re-evaluate and to seek out bet-
ter ways."
"But you can count on this: where HUD
tias made commitments to builders, sponsors.
■ind local governments, we're going to keep
those commitments. We, of course, will honor
recent public housing operating subsidy com-
cnltments, as well.
"In the HUD subsidized housing programs,
the size of our current pipeline of approved
applications means we are already assured of
\ substantial level of production well Into the
future.
"In this calendar year of 1973. we expect
It least a quarter of a million subsidized
lousing starts and that equals HUD subsl-
llzed housing starts in calendar year 1972
"Based on the present pipeline of approved
applications and other program commitments
;hat will need to be carried out, HUD also
sxpects to approve and finance In Fiscal Year
1973 approximately 250.000 housing units.
'HUD subsidized housing starts in FY
1974 are projected at about that level as
veil. That means the HUD subsidized housing
starts pace of the last 12 months will con-
;lnue for the next 18 months. What happens
ifter that depends on the timing of results
'rom the study and evaluation of present
Drograms"
The Secretary said there will be available
In FY 1974, "sufficient funding for a sub-
stantial level of activity in subsidized and
public housing programs. Such funding will
be available In the form of carryover funds
from prior authorizations."
Secretary Romney said HUD field offices
were directed today to place a temporary
hold on all applications which had not
reached the feasibility approval stage as of
the close of business January 5. "All applica-
tions which have received feasibility approval,
or In the case of public housing, a prelimi-
nary loan contract approval, will proceed
to completion," he said.
"In addition, those projects which are
necessary to meet statutory or other specific
program commitments will be approved In
coming months."
Mr. Romney said that recent rumors also
involved community development programs
and pointed out that President Nixon for
the past two years has urged that present
categorical programs be folded into a Com-
munity Development Revenue Sharing pack-
age.
"The President remains firm in his com-
mitment to this approach at a significant
level of funding, and wUl so indicate In his
forthcoming budget message," the Secretary
declared.
"However, we have ordered a temporary
holding action on new commitments for
water and sewer grants, open space grants,
and public faculty loans until these activities
are folded into the Special Revenue Shar-
ing program."
He explained that "continued substantial
levels of program activity" for community
development programs as a whole "are as-
sured as a result of already-approved com-
munity development projects and the re-
funding of ongoing programs, such as urban
renewal and Model Cities during the balance
of this fiscal year."
Mr. Romney pointed out that as of Jan-
uary 5, $5.5 billion had been obligated—
but not yet spent — in community develop-
ment programs, and this total would
reach $7.3 billion by June 30. "These activi-
ties, of course, will be carried out to comple-
tion." he Dromised.
The Secretary said that by 1970 it had be-
come crystal clear "that the patchwork, year-
by-year piecemeal addition of programs" over
a 30-year period had created "a statutory and
administrative monstrosity that could not
possibly v-ield effective results with the wisest
and most professional management systems.
It also became clear, he went on, that bil-
lions of tax dollars were being wasted and
that hundreds of thousands of needy and
disadvantaged citizens "not only would not
benefit, but would be victimized and diall-
lusioned."
The Secretary said that during "this com-
ing period of searching evaluation, and hope-
fully new program enactment. It is not con-
sidered prudent to continue business-as-
usual with respect to new commitments — be-
cause buslness-as-usual is not the road to
fundamental reform."
"I am delighted that the Administration
is willing to face this urgent need for a broad
and extensive evaluation of the entire Rube
Goldberg structure of our housing and com-
munity development statutes and regula-
tions," Mr. Romney said. "I am confident that
Congress will Join In this thorough evalua-
tion and study of present programs that have
now been volume tested to determine
whether they should be improved, replaced
or terminated."
Mr. Romney went on to say that in the
decade ahead, "our society must make some
hard, tough decisions. Some of the hardest
of these will be in the area of housing and
community development."
""The President's 1974 budget Is designed
to avoid another cosmetic face lift and sum
mon the courage and strength to face under
lying critical issues we have postponed fnr
too long.'- '^
COMPILATION OF NARCOTIC AND
DANGEROUS DRUG LAWS OF FOR
EIGN NATIONS
Mr. JAVITS, Mr. President, folio iing
the adjournment of the 92d Congress,
the National Commission on Marihuana
and Drug Abuse— of which the distin-
guished Senator from Iowa (Mr
Hughes) and I are members— issued an
interim report to the Congress consist-
ing of a compilation of the drug laws of
over 120 nations, demonstrating the wide
disparity in penalties for drug violations.
The report points out, for example!
that the death penalty is prescribed for
the possession of narcotics in Iran while
the Federal Republic of Germany auto-
matically issues suspended sentences for
the private use of narcotics.
Mr. President, in view of the intense
concern of the American people regard-
ing international di'ug control measures,
the Commission recommended that a
handbook summarizing the di'ug laws
and penalties of each coimtry be pre-
pared and furnished to the United Na-
tions for distribution. The Commission
also recommended that a similar hand-
book be prepared and distributed to
Americans traveling and living abroad.
In order to insure their currency and
accuracy, it was further recommended
that they be updated on a continuing
basis.
Mr. President, I believe that these rec-
ommendations ought to be implemented
as soon as possible. The Commission has
performed an important service to the
people of the United States as well as
to the international community. The
Commission has repeatedly confronted
the tragedy of American youths lan-
guishing in Toreign jails as a result of
their ignorance of foreign drug law=:.
Although a beginning has been made
through public service advertising and
and by our own Department of State
to make this kind of information avail-
able, a great deal more remains to be
done.
Mr. President, although the Commis-
sion's report is somewhat lengthy, I
nonetheless believe that it is important
that this information be printed in the
Congressional Record. I therefore ask
that the text of the report be inserted at
this point in the Record.
There being no objection, the text was
ordered to be printed in the Record, as
follows ;
Compilation of Narcotic and Dangerous
Drug Laws of Foreign Nations
introduction
The following information concerning the
narcotic and dangerous drug laws of the na-
tions of the world are as complete and up-to-
date as possible. Many nations are currently
revising their narcotic laws and some will
alter their penalty structure. Some of these
changes are expected In the very near fu-
ture.
Some countries, like our own, have State
January 9, 1973
CONGRESSIONAL RECORD — SEN ATE
683
and territorial laws as well as national laws,
which frequently impose more severe pen-
alties. The majority of the drug laws include
related offenses such as maintaining an il-
legal establishment and possession of Illegal
equipment. Many nations provide for con-
fiscation of Illegal drugs and equipment, and
seizure of vehicles or property used in the
commission of a crime. In addition, most
countries provide for expulslo« of aliens con-
victed of drug crimes subsequent to the
service of any sentence Imposed. Almost all
of the nations provide penalties for attempt-
ing or being an accessory to a crime and
maiiy include conspiracy and related offenses.
The terminology used in this analysis was
chosen to be as uniform as possible. The
term "trafficKlng" includes sale, delivery, dis-
tribution, transporting, and in most coun-
tries, receiving, accepting and giving away.
The term "narcotics" includes cocaine and
the term "marihuana" includes all cannabis
products.
countries included in compilation
Afghanistan Chad
.Albania Central African
!\]geria Republic
.'Argentina Chile
Atistralla Peoples Republic
Austria of China
Belgium Republic of China
Bolivia (Taiwan)
Botswana Columbia
Brazil Republic of the
British Honduras Congo
Bulgaria Costa Rica
Burma Cuba
Cameroon Cyprus
Canada Czechoslovakia
Ceylon Dahomey
Denmark
Dominican Republic
Ecuador
El Salvador
Egypt
Ethiopia
Finland
France
Gabon
Gambia
Germany, Federal
Republic of (West)
German Democratic
Republic (East)
Ghana
Greece
Guatemala
Guinea
Guyana
Haiti
Honduras
Hong Kong
Hungary
Iceland
Iran
Iraq
Ireland
Israel
Italy
Ivory Coast
.Jamaica
Japan
Jordan
Kenya
Khmer Republic
(formerly Cambodia
Korea. Republic of
(South)
Laos
Lebanon
Lesotho, Kingdom of
Liberia
Libya
Luxembourg
Macao (Colony of
Portugal)
Madagascar
Mall
Malawi
Malaysia
Malta
Mauritania
Mexico
Monoco
Morroco
Nepal
Netherlands
New Zealand
Nicaragua
Niger
Nigeria
Norway
Pakistan
Panama
Paraguay
Peru
Philippines
Poland
Portugal
Rhodesia
Romania
San Marino
Saudi Arabia
Senegal
Sierre Leone
Singapore
I Somalia
South Africa
Spain
Sudan
Swaziland
Sweden
Switzerland
Syria
Tanzania
Thailand
Togo
United Kingdom
United States
Upper Volta
Uruguay
USSR.
Venezuela
Trinidad and Tobago Viet Nam, South
Tunisia Western Samoa
Turkey Yugoslavia
Uganda Zambia
NATIONS KNOWN TO PROVIDE PENALTIES FOB
SALE or DRUGS TO MINORS
Country, drug category, and penalty:
Argentina: All drugs: 3 to 8 years.
Bolivia: All drugs; not less than 3 to 10
years.
Cameroon; Marihuana, narcotics; fine and/
or 6 months to 10 years.
Chad: Marihuana, narcotics; fine and/or
6 months to 10 years.
Dahomey: Marihuana, naroctics; fine axMl/
or 6 months to 10 years.
Ecuador: All drugs; 8 to 12 years.
El Salvador: Narcotics; 10 years and 8
months.
Ethiopia: Narcotics; fine and up to 5 years.
France: All drugs; 5 to 10 years.
Germany, Federal Republic of (West) :
Narcotics; fine and 1 to 10 years.
Guinea: Marihuana, Narcotics; fine and/
or 6 months to 10 years.
Ivory Coast: Marihuana, narcotics; fine
and /or 6 months to 10 years.
Libya: Marihuana, narcotics; up to 6 vears.
Mall: Marihuana, narcotics; fine and /or
6 months to 10 years.
Morroco: Marihuana, narcotics; fine and/
or 6 months to 10 years.
Rhodesia: Marihuana, narcotics; fine and/
or up to 10 years.
T-
Penalties
Country
Drug category
Possession
Trafficking
Import export
Production/cultivation Otiiets
Afghanistan Doesn't distinguish Penalty at judge's discretion
Albania Doesn't distinguish Up to 3 yearscorrectionallabor or mprisonment.
Algeria Marihuana, narcotics Not less than 2 years at judge's discretion
Argentina .-- Doesn't distinguish 3 months to 1 year_ 1 to 6 years 1 to 6 years 1 to 6 years.
Australia.
Austria...
Doesn't distinguish.
Marihuana
Up to $4 .000 or 3 times the value of the Illegal drugs and or imprisonment up to 10 years— minimum pecuniary
penally one-twentieth ot maximum penalty specified for the offense.
Narcotics, dangerous
drugs.
Less than 1 week's sup-
ply—prosecution sus-
pended in lieu ol medical
treatment, up to 1 year
r^ore than 1 week's sup-
ply- 6 months and fine.
Same as marihuana except
"in the course of busi-
ness." 1 week to 6
months "rigorous de-
tention. "
1 to 5 years imprisonment and up to $1,000.
Use- penalty at judge's discre-
tion.
Use- up to 3 years correctional
labor or imprisonment.
Use 3 months to 1 year Death
or sickness as a result ot
abuse offense- 3-lb years.
Use same penally.
"Aggravated" circumstances up
to 10 years and SI.OOO.
1 to 5 years and up to {1,000
Belgium Doesn't distinguish 3 months to 2 years and or 1,000 to 10,000 francs
Bolivia Doesn't distinguish 3 to 5 years 3 to 10 years and fine from 10 to 100 million Bolivianos.
Botswana.... Marihuana, narcotics Fine and/or up to 2 years
Brazil.... Marihuana, narcotics Fine and/or 1 to 6 yrs Fine and/or 1 to 5 years.
British Honduras Marihuana, naroctics Fine and'or up to 10 years
Bulgaria Marihuana narcotics. . 2 years imprisonment and'or 300 leva Up to 6 years and 2,000 2 years and or 300 leva.
leva or the customs
tax, whichever is
greater.
Burma.
Marihuana Up to 2 years and/or a hne
Opium Small amounts-NMT 2 years and/or a fine.
Use same as marihuana except
"in the course of business," 1
week to 6 months " rigorous
detention."
"Aggravated circumstances"
up to 10 years and fine can be
double the profit made by
the illiat activity.
Use 3 months to 2 years and or
1,000 to 10,000 francs.
Severe and permanent illness as
result cf offense 6 to 10
years.
Use Same.
Consipiiacy o- inducing othe's
to use penal'y increased by ' j,
U'e 2 years and or 300 leva
Crime committed in a
"systematic manner" —
mandatory 3 years and or
3.000 leva
Use— up to 2 years, and/or a
line.
Laws provide for limited opium
use by addicts.
•Rigorous punishment" for at least 3 months to 5 years Up to 3 years and/or a fine
and/or a fine of NLT500 Kyats.
Cameroon Marihuana, narcotics Fine and.'or 3 months to 5 years Fine and or 6 months to
10 years.
Use fine and or 3 months to b
years.
634
lountry
Cai
Pii
R.~
Fine and/or 3 months to 2 years at hard labor.
C
Ct^go. Republic of the. , . Marihuana, narcotics
C(*ta R;ca.- Marihuana, narcotics 6 months to 1 year 6 months to 3 years.
Cijba Doesn't distinguish 6 months to 2 years and a 1 to 4 years and a fine.
fine.
rus Doesn't distinguish Up to 10 years and a substantial fine.
Cztchoslowakia Marihuana, narcotics Fine, detention or imprisonment NMT 2 years -
Olomey Marihuana, narcotics. . . Fine and/or 3 months to 5 years Fine and or 6 months to
10 years.
D-mark Marihuana, narcotics Fine, detention or imprisonment NMT 2 years -
Intent to distribute to a
large number of persons—
up to 6 years.
D( mi mean Republic Marihuana, narcotics 10 days to 1 year and/or fine. 3 to 10 years and/or large fine 1 to 5 years and/or fine.
Ecjador Doesn't distinguish 8 to 12 years and large fine.
CONGRESSIONAL RECORD — SENATE
January 9, 1973
Penalties
Drug category
Possession
Trafficking
Import/export
Production/cultiyation
Others
Narcotics, dangerous
drugs.
Up to 7 years.
Up to 7 years Up to 7 years
2d offense— "preventive detention" in penitentiary for indeterminate time -man-
datory 7 years to life.
ad3 Marihuana At judge's discretion, Same as narcotics (see below) Use— same as possession
direct discharge of the
charges or conditional
probation (only to those
with no previous crimi-
nal record and not con-
sidered a conviction).
On summary conviction,
NMT 6 months or fine.
2d offense— up to 1 year
and'or fine. Convicted
on an indictment— up to
7 years.
Ion Marihuana, narcotics Fine and or up to 10 years
id Marihuana, narcotics Fine and/or 3 months to 5 years Fine and/or 6 months to
10 years.
tral African Republic Marihuana, narcotics Fine and.'or 1 month and 1 day to 2 years
le Marihuana, narcotics For distribution— NLT 541 days to 3 years and fine of From 10 to 15 years and
from 1 to 5 times the Santiago minimum salary. fine from 10 to 100
times the minimum
salary.
Dangerous drugs . ... Fine or closure ot tha business establishment 5 to 20 years and a fi'-e.. Fine or closure of the
business establish-
ment.
Doesn't distinguish Severe punishment given-set according to seventy of offense— trc-n 3 years to death. —
Addicts sentenced to custody
for treatment for indetermi-
nate period.
Use— fine and/or up to 10 years.
Use— fine and/or 3 months to
5 years.
Currently in process ol adopting
new law creating heavier
penalties.
pies Republic of
hina.
blic of China
Taiwan).
Marihuana, narcotics 2 td5 years Life imprisonment or
death.
I
Intent to traffic— 7 years
to life.
ombia. Marihuana, narcotics 2 to 5 years at hard labor and a fine
Life imprisonment or
death.
Salvador Marihuana, narcotics 8 years.
Ej vpl Marihuana, narcotics Imprisonment and a large hne for all offenses
[|iiopia""i!!'' Marihuana, narcotics "Simple imprisonment' not less than 3 months and a substantial fine.
Fi iiand ... Marihuana, narcotics NMT 2 years— Offense committed as a trade or involves particularly dangerous drugs; sentenced to hard
labor NLT 1 yea' and NMT 10 years.
Fiance . -- Marihuana, narcotics 2 months to 1 year and, or $90 to $900. Local pusher (distribu-
"" tion directly to users)
2 to 10 years and $900
to $9,000,000.
International— 10 to 20 years and fine
All penalties double for 2d offenses
clbon Doesn't distinguish 6 month . to 2 years and a hne
G, nibia Marihu~"a, narcotics NMT 7 years (with or without l\ard labor) and/or a fine.
Use— addiction or injection— 1
3 to 7 years.
Nonaddicting substances— 1
to 3 years.
Habitual users may be interned
until cured.
Use— fine and/or 3 months to
2 years at hard labor.
Use— up to 10 years and a
hne.
Use— fine and'or 3 months to 5
years.
Foreigners found in possession-
expelled as undesirable aliens.
Addicts committed to health
institutions but penalized for
offenses they commit.
Improper users detoxified and
rehabilitated for as long as
needed.
Use — 8 years. Offenses by public
officials or professionals with
authority to prescribe drugs-
penalty increased by 'i.
Offense committed by a group
or professional or furnished
to a mental defective or
addict— "rigorous imprison-
ment" NMT 5 years and a
fine.
Use— NMT 2 years.
Foreign offenders banned from
France— from 2 years to
forever.
Use— 2 months to 1 year and'or
$90 to $900.
Use— 6 rronths to 2 years
and a fine.
G' rmany. Federal
Republic of (West).
Marihuana, narcotics Private use— suspension of
sentence available for
minor violations.
Felony possession— up to 3 years and fine.
Marihuana, narcotics Up to 3 years and'or a fine
G rman Democratic
Republic (East).
GJiana Doesn't distinguish Summary conviction up to
1 year and'or hne.
Indictment— up to 10 years
and'or fine.
Cannabis relatel offenses —
NLT 5 years unless
offense was "trivial or
circumstances render
penalty unjust.
3d offense— cannabis,
opium smoking — up to
20 years.
Gleece Marihuana, narcotics Up to 10 years and a large
fine.
Summary conviction— up to 1 year and./or a hne; indictment, up to 10 years
and'or a fine; 3d conviction, up to life imprisonment.
If violator is part of a gang, acts
as a professional, distributes
large amounts, smuggle? or
endangers someone's life
through trafficking— 1-10
years and a large fine.
Illegal use— hospitalization in a
mental institution.
G jalemala Marihuana, narcotics.
G jinea -- Marihuana, narcotics
Habitual or professional
trafficking, enhanced
penalty.
Up to 3 years in prison .
Fine and or 3 months to 5 years Fine and'or 6 months to
10 years.
Habitual use— NLT 6 months
and mandatory treatment
Retail trading in small
quantities among addicts—
NLT 2 years.
Users hospitalized "until
cured."
Use--fine and or 3 months to
5 years.
Januanj 9, 1973
CONGRESSIONAL RECORD — SENATE
685
Penalties
Country
Drug category
Possession
Trafficking
Import/export
Production/cultivation Others
Quyjna I Marihuana, narcotics Summary conviction— fine and/or NMT 12 months (with or without hard labor) Use — same penalties.
Indictment— NMT 10 years and/or fine
Ojltj Marihuana, narcotics Fine or NLT 8 days to NMT 6 months Use — same penalties
2d conviction — both penalties are imposed
Honduras -* Marihuana, narcotics 61 days to 1 year 2-3 years 2-3 years NLT 1 year and 1 day to
2 years.
Summary conviction— Same as trafficking Marihuana or poppy on
fine and 3 years.
Hong Kong Marihuana, narcotics Summary conviction— fine
and 3 years.
-fine and
Indictment— fine and
life in prison.
indictment-
15 years.
Illicit manufacture —
fine and life in prison.
Use— summary conviction,
line and 3 years.
Opium poppy or mari-
huana—fine and 15
years.
Hungary Marihuana, narcotics Up to 1 year in prison and a fine Ciime committed "profession-
ally" by a recidivist, or in
association with felons or
criminals— up to 3 years.
Iceland.
I,3n Manhuana.
Doesn't distinguish Imprisonment and a fine.
Use— fine and/or 3 months to
5 years.
Jamaica.
Japan.
\
For gain— hne and,'or 3 years to life
Not for gam— 1-10 years. For gain— 1 year to life.
6 months to 3 years... 3 to 15 years of hard labor and a fine
2d conviction -fine and up to life at hard labor
Narcotics Less than 50 grams of opium 1 gram of heroin, morphine, or cocaine- 1 to 3 years and a line. 50 grams to 2
kilograms of opium or 1 to 10 grams of other narcotics -3 to 15 years and a fine. More than 2 kilograms of
opium or 10 grams of other narcotics -death.
Ir3q Doesn't distinguish Fine and or a mandatory 6 months to 5 years
Ireland." Doesn't distinguish Fine and or up to 5 years
Isiael..' Doesn't distinguish Fine and, or up to 10 years Inducing a minor to use a drug-
fine and/or up to 10 years.
Itily Doesn't distinguish Fine andor 3 to8 years ,
Ivory Coast Marihuana, narcotics Fine and, or 3 months to 5 years Fine and/or 6 months to
10 years.
Marihuana 18 months-3 years at hard labor; 2d offense -3-5 years 5-7 years at hard labor; 2d offense -7-10 years at
at haid labor. hard labor.
Narcotics, dangerous Fine and or up to 1 year at hard labor: 2d offense -fine and or up to i years at hard labor
drugs.
Marihuana Fine and,'or up to 5 years... Fine and up to 7 years
Heroin. Up to 10 years Not for gain— up to 10 Not for gam— up to 1 year
years.
For gam— fine and/or 1
year to life.
Other narcotics, dan- Up to 7 years Not for gain— up to 7
gerous drugs. years.
For gain— fine and/ur
1-10 years.
Doesn't distinguish Fine and up to 3 years
Kenya.-- Doesn't distinguish Fine and,'or up to 10 years
Khmer Republic Marihuana, narcotics Fine and 3 months to 2 years Use of marihuana or opium-
fine and 1 month to 1 year.
Operating opium den— fine
and 1-5 years.
Korea Marihuana, narcotics Up to 10 years Not for gain— "limited term" of not less than 1 year Use— up to 5 years— Treatment
For gam— 2 years to life is mandatory— refusal nets
6 months to 5 years.
Dangerous drugs Fine and.or up to 5 years at hard labor Fine and'or up to 10 years at hard labor Use— fine and.or up to 5
years at hard labor.
Laos Marihuana and narcotic Fine and.br 3 months to 2 years Use— fine and/or 3 months
drugs other than to 2 years.
heroin or morphine.
Heroin or morphine Fine and.'or 5 to 25 years zt hard labor Use— hne and/or 5 to 25
years at hard labor.
Lebanon Marihuana, narcotics 1 to 3 years A term of hard labor— penalty at judge's discretion Use— 1 to 3 years. Release
after 6 months if addiction
IS cured.
Lesotho Marihuana, narcotics Fine and.'or up to 3 years Use— fine and up to 3 years.
Liberia Marihuana, narcotics Fine and/or 6 months to 2 years
Libya Marihuana, narcotics For use — 24 hours to 3 Up to 5 years Sale to addict— up to 6 years.
years. For sale— up to
5 years.
Luxembourg Marihuana, narcotics Fine and/or 8 days to 3 months Use — 8 days to 3 months.
Jordan.
Fine and/or 8 to 12 years at hard labor Use— fine and/or 6 months
to 1 year.
Use— fine and/or 3 months to
5 years.
Macao Marihuana, narcotics For use— fine and/or 6
months to 1 year. Not
for gam— fine and,br 6
months to 2 years. For
gain— fine and/or 2 to 8
years at hard labor.
Madagascar Marihuana Fine and/or 6 months to 5 years
Mall Marihuana, narcotics Fine and;or 3 months to 5 years Fine — and/or 6 months
to 10 years.
Malawi Marihuana, narcotics Fine and/or up to 10 years
Malaysia Marihuana, narcotics Fine and up to 5 years Use— fine and/or up to 2 years.
Malta Marihuana, narcotics Fine and up to 10 years
Mauritania Marihuana, narcotics Fine and/or 3 months to 5 years Fine and/or 6 months to Use — fine and/or 3 months to
10 years. 5 years.
Mexico Doesn't distinguish By addict— fine andor Fine and.'or 3 to 12 Fine and'or 6 to 15 Fine and/or 2 to 9 years.. Inducing minor to use— fine
2 to 9 years. years. years. and.'or 4 to 12 years.
Monaco Marihuana, narcotics Fine and/or 3 months to 2 years Use — 3 months to 2 years.
Morocco Marihuana, narcotics Fine and/or 3 months to 5 years Fine and/or 6 months to Use — fine and/or 3 monttis to
10 years. 5 years.
Nepal Marihuana, narcotics Without a license— fine and/or up to 2 years Use is legal if drug obtained
through licensed dealers.
Netherlands Marihuana, narcotics Without intent-fineand/or up to6 months. With intent— fine and/or up to 4 years i Use— same penalties.
New Zealand Marihuana, narcotics For use -fine and/or 3 Fine and/or up io 14 years
months. For distribu-
bution— fine and/or up '
to 14 years.
Nicaragua Marihuana, narcotics Up to 3 years Up to 5 years Use or addiction -mandatory
60 to 180 days confinement
for treatment
Niger Marihuana, narcotics Fine and/or 3 months to 5 years Fine and,'or6 months to Use— fine and.'or 3 months to
10 years. 5 years.
Nigeria Marihuana Not less than 10 years Not less than 15 years to Not less than 15 years to Not less than 21 years to Any offense committed by^males
death. death. death. under 19 to 49 strokes by cane
or whip.
Narcotics Fine and/or up to 10 years
Norway Maritiuana, narcotics Fine and/or up to 2 years— If offense is committed with intent to make a substantial profit or to sell to a large Use— fine and/or up to 2 years.
number of persons— fine and/or up to 6 years,
'^s^istan Marihuana, narcotics fine and/or up to 2 years
(186
naira Marihuana, narcotics.
Ftraguay Doesn't distinguish...
f^nj Marihuana, narcotics,
hallucinogens.
f^ilippmes Marihuana, narcotics..
FDland...
f artugal. Marihuana, narcotics.
F fiodesia Marihuana, narcotics.
F umania Marihuana, narcotics.
Ssn Marino Marihuana, narcotics
S ludi Arabia Marihuana, narcotics.
S jnegal Marihuana, narcotics.
S erre Leone Marihuana, narcotics
S ngapore Opium, coca, marihuana .
Other narcotics
S jmalia Marihuana, narcotics.
Sputh Africa Marihuana, narcotics.
Dangerous drugs...
Sbain, Marihuana, narcotics.
S Jdan j( Doesn't distinguish...
S vaiiland „ Doesn't distinguish..
Sweden Doesn't distinguish..
S »it2erland Marihuana, narcotics.
S (fia Marihuana, narcotics.
CONGRESSIONAL RECORD — SENATE
January 9, 1973
Penalties
Country
Drug category
Possession
Trafficking
Import/export
Production.'cultivation Others
5 to 8 years 5 to 8 years.
5 to 10 years Use-
-internment for as long as it
IS necessary to recuperate
4 to 8 years 1 to 10 years and a fine 4 times the value of the drug Recently enacted new law cr'eat-
. ... ,, ing heavier penalties.
Fine and 2 to 15 years Use— fine and 2 to 15 years.
Fine and/or 6 to 12 years.
Fine and/or 12 to 20
years.
Dangerous drugs
Marihuana, narcotics
snzania Marihuana, narcotics ..
Tfiailand Marihuana, LSD. meth-
amphetamine. syn-
thetic narcotics.
Morphine, cocaine
Herotn.
Opium.
Dangerous drugs
)go Marihuana, narcotics.
midad S Tobago Marihuana, narcotics.
unisia Marihuana, narcotics..
jrkey : Marihuana, narcotics..
Lganda Marihuana, narcotics
ifiited Kingdom Narcotics, LSD.
Marihuana, ampheta-
mine.
Depressants, tranquilizer,
tfcited States
Schedules I and II.
Schedule III
Fine and/or 14 years to life Illicit manufacturing or
trafficking causing death-
life to death and a fine
Use— fine and.'or 12 to 20
years.
Fine and/or 6 months to 4 Fine and/or 6 to 12 years Use— fine and or 6 months to
^ years. 4 years.
Fine and'or up to 3 months. Fine and/or up to 5 years use alone— fine and or up to 3
months. Use in presence of
another— hne and/or up to 1
year.
Fine and/or 6 months to 2 Fine and/or 2 to 8 years Use— fine and/or 6 months to 2
years. years.
Fine and,or up to 10 years.. Fine and/or up to 10 years •. _ Use— fine and or up to 10 vears
Fine and/or 6 months to 5 years _
Fine and/or 3 to 8 years 1. "'..'.'.'.'."'.".". Use— fine and/or 3 to 8 years
Fine and 5 years Fine and 15 years Fine and 5 years Use— 2 years
Fine and/or 3 montlis to 5 years Use-fine and/or 1 month to 1
year.
Fine and/or up to 10 years
Fine and'or up to 5 years Smoking opium or manhuana-
_ , fine and/or up tp 1 year.
Fine and/or up to 4 years Fine and/or up to 3 years Use of other drugs-fine and/or
up to 3 years.
Fine and/or 1 to 3 years Fine and/or up to 7 years
Not less than 2 years to 10 years 5to 15 years
Up to 5 years Up to 10 years
Confinement for treatment— 4 months to 3 years Fine and/or 6 months to 6 years Use-confinement for treatment 4
months to 3 years.
Fineand,'orupto7years Use-fine and;or up to 7 years
Fine and, or up to 3 years _ Use- fine and, or up to 3 years
Fine and or up to 6 years 6 months to 4 years Fine and/or up to 6 years..
Not for gam -fine and.or up to 2 years, for gain— up to 5 years Use-confinement for treatment
up to 2 years.
Marihuana for use— fine Fine and,'or 3 years to Fine and life at hard Fine and/or 3 years to
and or 10 days to 3 life at hard labor. labor. life at hard labor.
years. Marihuana for
distribution and other
drugs— fine and/or 3 '
years to life at hard
labor.'
Fine and.or up to 10 years
Fine and 3 months to 5
years.
Fine and 6 months to 10 Fine and 1 to 20 years Use— fine and 1-10 years.
years.
Fine and 1-10 years Fine and 5 years to life (for purpose of resale— death) Use— fine and 2-10 years
Fine and 6 months to 20 years Use— fine and 6 months to 10
years.
Fine and up to 5 years
FineanHor 3 months to 2 years Use in public fine and or 3
months to 2 years.
6 months to 7 years 14 years 14 years 18 months to 7 years
For distribution — 14 years.
Fine and 1 to S years Use— fine and 1-5 years.
Not less than 10 years plus up to 5 years banishment to remote part of country, plus fine (except for hashish. Use— fine and 3-5 years Con-
heroin, cocaine, or morphine — death). . spiracy for any offense-
death.
Fine and/or up to 10 years Use— fine and/or up to 10 years.
Fine and/or up to 7 years. . Fine and.'or up to 14 years
Fine and up to 5 years Fine and/or up to 14 years .'.'.'.'.'.'.'.
Fine and/or up to 2 years. . Fine and/or up to 5 years
Distribution of small amounts of marihuana for no remuneration treated as simple possession-fine and'/or up
to 1 year. The U.S. law categorizes substances in 5 schedules. Schedule I includes drugs which have no
accepted medical use in the United States including heroin, other opium derivatives, opistes, and hallucino-
genics such as LSD, mescaline, peyote, and marihuana. Schedule II includes medically useful derivatives
of opium and coca, synthetic narcotic drugs, and the amphetamines. Schedule III lists short active bar-
biturates and certain narcotic drugs. Schedule IV contains long-acting barbiturates and tranquilizers, and
Schedule V lists medical preparations such as certain cough syrups.
Simple possession of any Narcotics— fine and/or up to 15 years. Nonnarcotics— fine and/or up to 5 years..
Fine and 6 months to 10 years.
Schedule IV
ScheduleV
poer Volta Marihuana, narcotics.
L ruguay Marihuana, narcotics.
controlled substance
fine and.'or up to 1 year.
For all schedules-
Possession with intent
to distribute carries
same penalty as
trafficking.
Second conviction doubles all
sentences.
Fine and/or up to 5 years.
L S.S.R Marihuana, narcotics.
\ enezuela Marihuana, narcotics.
V letnam, South.
Marihuana
Narcotics
Dangerous drugs.
Fine and/or up to 3 years. Fine and/or up to 5 years. Fine and/or up to 3 years.
Fine and/or up to 1 year.. Fine and/or up to 5 years. Fine and/or up to 1 year..
Fine and/or 3 months to 5 years Fine and/or 6 months to
10 years.
6 months to 5 years
Up to 10 years i Up to 2 years..
4 to 8 years ] 5
Solitary confinement for a period within judge's discretion !.
Life.... ,
Fine and 1 to5yeai^ :
Hallucinogens
lies tarn Samoa Marihuana, narcotics.
Jugoslavia. Marihuana, narcotics.
i ambia Marihuana, narcotics.
Penalty within Judge's discretion
Upto7y9ars Up to 14 years UptoSyears Up to 14 years
Up to 30 days 3 months to 3 years Upto3years 3 months to 3 years.
Fine and/or up to 10 years
Use— fine and/or 3 months to
5 years.
Use-6 months to 5 years
Currently considering new
law increasing penalties.
Addicts- confinement for
treatment.
If offense causes death-8-16
years.
Use— fine and 1-5 years.
Use— fine and 3 months to 3
years.
Use— fine and 1-5 years.
Use— fine and/or up to 10 years.
January 9, 1973
TRIBUTE TO AN OUTSTANDING
AMERICAN: CHARLES T. MANATT
Mr. CRANSTON. Mr. President, on
January 12 the California Demorcatic
Party will host a dinner honoHng
Charles T. Manatt, chairman of the
party for the past 2 years. I would like
to share with my colleagues a few words
about the unique contribution Chuck
has made not only to the political life
of California but to the Nation as w^ell.
Chuck has worked long and hard —
and I should add, effectively — to promote
the interests of the Democratic Party
and the two-party system as well. He
organized a registration drive which
added 2.2 million Democrats to the reg-
istration roles. He instituted several new
and innovative programs to increase the
level of citizen participation in our polit-
ical process. His tremendous effort in
California has been recognized in other
States as well, as evidenced by his elec-
tion as chairman of the Western States
Democratic Conference in 1972.
Chuck has an exteiasive background
in the political life of the Nation since
he earned the post of national college
chairman for the Young Democratic
Clubs of America in 1959. He is a dis-
tinguished lawyer and a man deeply
concerned with the welfare of his com-
munity. For these and many other rea-
sons, he was named one of the five out-
standing men of California for 1972 by
the California Chamber of Commerce.
Chuck is a good friend and I am pleased
that I will be able to join with his many
other friends and admirers to honor him
Friday evening in Los Angeles.
PROPOSAL FOR A JUNIOR SUPREME
COURT
Mr. BURDICK. Mr. President, late in
December the Federal Judicial Center
released a report by a select study group
which recommended the creation of a
'National Court of Appeals" to serve in
an auxiliary fashion in the screening of
"all petitions for review now filed in the
Supreme Court" and in hearing and de-
EXTENSIONS OF REMARKS
ciding many cases of conflicts between
the circuits. I am informed that all
Members of the Senate have received a
copy of this report.
ITiis is a comprehensive report analyz-
ing the nature and dimensions of the
problems which arise from the burgeon-
ing caseload of the Supreme Court. Rec-
ognizing the many reports which we re-
ceive, I would suggest that each of us
take the time to read this one. The dis-
tinguished study group headed by Prof.
Paul Freund should be complimented for
the thoroughness of its efforts.
The Subcommittee on Improvements
in Judicial Machinery, which I am priv-
ileged to chair, has been greatly inter-
ested in the growing caseload in our Fed-
eral courts, including the Supreme
Court. The subcommittee plans to hold
hearings during the 93d Congress on
various proposals to assist the Supreme
Court in meeting the demands created
by a caseload which has risen from
1,460 cases to 4,515 in the past 25 years.
However, based upon tlie early com-
ments which have appeared in the press
since release of this report, it is apparent
that congressional consideration of the
creation of a new appellate court would
be greatly enhanced if hearings were
delayed until the bench, bar. and legal
scholars of this country have had the
opportunity to study, analyze, and com-
ment upon the report and the various
alternative solutions which were consid-
ered by the study group.
FRANK FISHKIN, AN OUTSTANDING
EXAMPLE OF PUBLIC SPIRIT
Mr. CRANSTON. Mr. President, on
January 18 a testimonial dinner will be
held in Los Angeles to honor Frank
Fishkin for his community service and
professional activity.
I have known Frank Fishkin for many,
many years. He is a well-educated and
extremely perceptive attorney. Both in
private practice and in his work for the
State of California and the Federal Gov-
ernment he has demonstrated insight,
sincerity, and compassion.
687
Since his admission to the bar in 1945,
he has played an active and major role
in his professional organizations and pro
bono work.
In public affairs, he has demonstrated
similar public spirit, working to help the
Community Chest. Red Cross. United
Jewish Appeal, and Optimist Club. He is
also well known for his contribution to
the religious life of his community. He Is
a charter member and past president of
the Burbank B'nai B'rith Lodge.
I think Frank Fishkin stands as a sym-
bol for his neighbors in the San Fer-
nando Valley of the kind of contribu-
tions we all should make for the better-
ment of our community, our brothp*^
aiid our Nation.
PROGRAM
Mr. ROBERT C. BYRD. Mr. President,
the program for Thursday next is as
follows:
The Senate wUl convene at 12 o'clock
meridian. After the recognition of the
two leaders or their designees under the
standing order, the following Senators
will be recognized, each for not to exceed
15 minutes, and in the order stated:
Senators Moss, Abourezk, and Harry
F. Byrd, Jr.
At the conclusion of the remarks by
the three aforementioned Senators,
there will be a period for the transaction
of routine morning business for not to
exceed 30 minutes, with statement*
therein limited to 3 minutes. ,
ADJOURNMENT UNTIL THURSDAY,
JANUARY 11. 1973
Mr. ROBERT C. BYRD. Mr. President,
if there be no further business to come
before the Senate, I move, in accordance
with the previous order, that the Senate
stand in adjournment until Thursday
next at 12 o'clock meridian.
The motion was agreed to; and at 2:02
p.m. the Senate adjourned until Thurs-
day, January 11. 1973. at 12 o'clock
meridian.
EXTENSIONS OF REMARKS
THE FOSTER GRANDPARENT
PROGRAM
HON. LEE METCALF
OF MONTANA
IN THE SENATE OF THE UNITED STATES
Tuesday, January 9, 1973
Mr. METCALF. Mr. President, I, like
many of my distinguished colleagues in
this body, wait eagerly yet with a sense
of impending disappointment, for the
President's budget message. My concern
is the fate of programs designed to help
people— the young, the elderly, the poor,
the disabled, the hungry. Lest this ad-
ministration or any Member of this body
forget how significant in human terms
Government programs can be, I ask
unanimous consent to insert in the
Record at this point tw'o letters to the
editors of Montana newspapers concern-
ing the Rocky Moimtain Development
Council's foster grandparent program.
These letters provide eloquent testimony
of the benefits of such programs. Not
only does this program provide much
needed financial assistance to our elderly
poor, it provides large measures of love
and feelings of usefulness to both the
foster grandparents and the retarded
children they help.
Surely this Nation must never allow
this kind of truly "creative federalism"
to slip from the top rank of national
priorities.
There being no objection, the letters
to the editor were ordered to be print-
ed in the Record, as follows:
Senior Citizens Are Great People
Editor, Helena Independent Record:
With my eyes I see love, and beauty and
goodness. I see a crippled child finally able
to walk. I see a deaf mute struggle to talk
with her hands. Who will respond?
With my eyes I see movement In a chUd's
deformed body where th«?re was none be-
fore. Who win care? I see a little tot twist
her drooling mouth to speak. But who will
listen?
With my eyes I see the frustrations of a
blind Infant groping for sight — for light In
the darkness. Who Is that light?
With my eyes I see a lonely child with
out-stretched arms seeking love and com-
fort— security In a lonely frightening place.
Who win notice?
I see an old man shuffle to her, I see the
688
child comforted as never before. I see him
dry her eyes and wipe her nose. I see the
care he takes as he changes her. Picks her
up and hugs her. I see love.
With my eyes I see a foster grandparent.
With all of my emotions I see this and
Tiuch more as I observe the dally routines
yt the foster grandparent at the Boulder
aiver School and Hospital.
The courage to accept "those kind peo-
ple " The courage to love them as you would
our own The willingness to dedicate your
ife to their happiness. The little things that
:ou share — a smile, a hug, touch. This Is
he courage of the senior citizen.
We can belittle the senior. Laugh at them.
i.Iake fun of this "over the hill gang." But
lont discredit them for the service they are
loing for that group of people we chose to
gnore. the mentally retarded.
They built our city, these seniors gave us
: lie. Now they love the retarded. They all are
leservlng of recognition for their gratuitous
I ervtce to these children, the Institution, the
:oAmunity and self.
The senior is love and beauty and goodness
: t is for these reasons and many others
ou will never know without a foster grand-
liarent that I thank them for their service.
Holly LrcK.
Assistant Director. Foster Grandparents
Program.
1 .FTTER TO THE EDITOR. GLENDIVE RANGER.
September 1972
Foster Grandparents: Good News!
Close your mouth and Imagine not being
i.ble to talk. Think of being thirteen and
maglne not having a friend. Shut your doors
i.nd pull the window shades, turn off your
1 elevlslon and imagine yotir house as your
(inly world.
The outlook of one who Is developmentally
1 etarded is almost impossible to Imagine. Not
>nly does this person And himself — very
(if ten — with a fully developed body and an
underdeveloped system of thought, but also
'inth a stigma that separates him from the
( ommunlty In which he lives.
During the past year there have been pio-
neers who have sought to break this bar-
1 ler — to change the outlook of the retarded.
1 Vhen the Poster Grandparent Program was
I nnounced, It was GOOD NEWS for the re-
tarded. When Eastmont Training Center an-
1 lounced Its Involvement In the program, It
' /as more good news !
Forty retarded children and the entire
Kastmont staff looked forward to the return
c f ten foster grandparents to Eastmont
' "raining Center. These ten grandparents are
truly the pioneer representation of the Glen-
c ive Senior Citizens.
What do they do? They help a boy or girl
1 !arn how to talk. They become a friend to a
: eedlng thirteen year old. They open the
c oors, let the light In the windows, and be-
c ome a television, with a new wide world for
£ retarded person.
The value of the foster grandparent pro-
( ram cannot be over-emphasized. It has given
t he children an additional opportunity to en-
jDy life, to gain self-confidence, and develop
1 nentally and physically.
Take some time, go visit a foster grand-
I arent. Ask them about their Job. Find out
\ That retarded children can do. You wlU be
surprised! And while you are there, thank a
\ ery wonderful person, a person who society
1 as declared over the hUl, for unselfishly pre-
t arlng retarded children for a richer, more
i reductive life.
List of foster grandparents: Mrs. Beulah
llltchell, Mrs. May Alrlck, Mrs. Augusta
EXTENSIONS OF REMARKS
Moore, Mrs. Lydla Holzworth, Mrs. Dora
Granite, Mr. Mllford Sampson. Mrs. Esther
Konlgg. Mr. Mllford Sampson, Mrs. Mary Sl-
vert?. Mrs. Lena Howe. Mrs. Mabel Elpel. Mrs.
Ethel Krogness, Mrs. Elizabeth BUlman, Mrs.
Mary Osmundson.
* Sincerely,
Jerry R. Hoover,
Eastmont Training Center.
ROBERT RAMSPECK
HON. OLIN E. TEAGUE
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. TEAGUE of Texas. Mr. Speaker,
the Federal Professional Association, in
their newsletter of recent date chose to
memorialize one of our former colleagues,
the late Honorable Robert Ramspeck.
Mr. Ramspeck served with distinction
in this body, the U.S. Congress from 1929
to his retirement in 1945 He served as
the Democratic whip from 1942 to 1945.
Subsequent to his retirement he served
with greater distinction as Chairman of
the U.S. Civil Service Commission from
March of 1951 to EK^cember of 1952.
He was a most affable man whose
doors in his congressional ofBce were
open to anyone. He guided many fresh-
man Members, myself included. In mat-
ters pertaining to Federal service and
other matters. Under leave to extend my
remarks in the Record I wish to in-
clude the article referred a) above:
Robert Ramspeck, Dedication, Profession-
alism, Effectiveness
(By Vincent Jay i
The passing of former Congressman Robert
Ramspeck ends the FPA, a close and bene-
ficial relationship that dates back to the
early days of the Founding Committee meet-
ings at Brookings Institution. It also ends a
warm, personal relationship for the writer.
All who knew Bob covtld not help but be
Impressed by his dedication to the principle
of a true, career merit system and all that
that stands for In the Federal service. His
long and productive years of service; In the
Congress, as Chairman of the U.S. Civil
Service Commission, and on many Presiden-
tial committees, commissions, and councils
was notably marked by the demands he
made on himself and his search for dedica-
tion In others. He Inspired and brought out
the very best In people. Every task with
■ft'hlch he was ever Involved benefitted from
his participation. His Ideal was an efficient,
effective Federal service that would keep
waste of all sorts to a bare minimum, and
thus bring about reduced Federal expendi-
tures.
He dreamed of a general manager of the
Executive Branch, reporting directly to the
President who would exercise control over
the vast Federal establishment and hold
managers at all levels accountable. He
dreamed, also, of professionals, from the en-
tire range of professional disciplines In the
Federal service, uniting within the FPA for
the achievement of greater efficiency In Gov-
ernment, for enhancing the value of the pro-
fessional service to the Nation, and for im-
January 9, 1973
proving the professional environment in the
Federal service in order that It might be a
far more productive and satisfying experience
for aJ4 Federal employees.
I*e recognized the role of Federal employee
Isroor unions and demonstrated in many ways
his support for many of their activities, but
he was outspoken in his view of the urgent
need of professionals to b? represented by
their own organization, and not by a labor
union. Time and time again In speeches, the
last one at FPAs reception for Members of
the Congress In June, he urged FPA mem-
bers to take some of their time dally to pro-
mote FPA membership among their profes-
sional colleagues. He believed sincerely in the
person-to-person approach for Increasing
FPA membership and pleaded with us lo
spread the word and personally sign up new
members.
Bob opened many doors for the FPA on
Capitol Hill and among the departments and
agencies. He assured that FPA would get re-
spected attention, and Inspired us to greatei
effort In developing rur presentations of th«
Issues and our recommendations for theli
resolution. The significant successes thai
FPA has had over the past ten years can be
attributed in large measure to the counsel
and presence of Bob Ramspeck at the witness
table, in person or In spirit.
^He will always be by my side In the de-
velopment and presentation of positions or
Issues. I am a far better and more effective
persons because of my long exposure to his
honesty. Integrity, and dedication. FPA offi-
cers, past and present, share In the loss that
we all feel, just as we all benefitted from
having known and worked with him.
achieve me NTS
During the ten years plus that Bob was
substantially Involved In the affairs of the
FPA, he served officially with distinction as
Legislative Consultant. In so many other
ways though, he was our general advisor.
Specific FPA accomplishments that were
substantially advanced by Bob's wise counsel,
telephone calls, and personal letter writing
Included Congressional acceptance of the
principle of pay comparability, enacted In the
Federal Salary Act of 1967: the review and
Improvement of Civil Service Commission
appeal procedures; the liberalization of Fed-
eral retirement laws, the expansion of higher
education and training opportunities, In the
form of advancement of the Federal Execu-
tive Institute concept: far more equitable per
diem during periods of official travel: ad-
vancement of the man-in-the-Job concept:
and protection from Invasion of privacy.
Much still remains to be done In all of these
areas, but a sound foundation has been es-
tablished thanks to Bob's wise counsel and
personal efforts.
It is my strong conviction that the FPA
will grow and prosper as a living tribute to
this great statesman who deeply loved the
United States, who suffered acutely from the
problems besetting this great Country, and
who gave of himself unstintlngly to Improve
It. He believed deeply that working together
within the framework of the FPA. profes-
sionals could substantially contribute to the
stability, prosperity, and strength of this
Nation. As one of the largest, most knowl-
edgeable, articulate and potentially Infl'-i-
entlal groups in cur country. Federal career
professionals can make Bob's dream become
a reality. I believe that increasing numbers of
us will continue to wjjrk for this ideal and
will make it com= to ''c ass for the welfare
of the United States, fok^ob, for our loved
ones, and for those who^<pllow us in the
years ahead. ^
Januanj 9, 1973
A PHILOSOPHER SPEAKS
HON. BELLA S. ABZUG
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Ms. ABZUG. Mr. Speaker, Mr. Stan-
ley Markson of New York, a supervisory
social worker, has called to my attention
a remarkable item which appeared in
the New York Times on December 31,
1972. Appropriately, on the last day of
the year, the item was an appeal to
President Nixon, from Rabbi Morris S.
Lazaron of Palm Beach, Fla.
So thoughtful is this letter from an 85-
year-old philosopher, and so well does he
express the thoughts of millions of Amer-
icans, that I at this point place the letter
in the Record :
[From the New York Times, Dec. 31, 1972)
To THE President of the United States
Palm Beach, Fla.,
December 12. 1972.
Mr. President: With all due respect to
your office will you read these words from an
old man approaching 85? I have no axe to
grind; no favor to ask. Life has been good to
me. I wish to talk to you out of the experi-
ence of many years, to tell you what I have
learned about human nature and what his-
tory has taught me. I wish to talk to you
about your future and the future of our
country. I speak to you out of the frustra-
tion which millions of your fellow citizens
feel. I believe I voice the feeling not only of
those who voted against you, but of many
of those who voted for you. I beg you to
read and consider.
No man elected to the awesome office of
the presidency can be unmindful of what
his place In hlstorv' will be. Will he be re-
membered for good? WUl his name be blessed
by his contemporaries and by the generations
that follow him? Surely these thoughts have
entered your mind.
You have by your courageous contacts with
China and Russia opened doors of communi-
cation which hold good, even great, possibili-
ties for the future of the world. These are
Indeed historical events for which you are
Justly to be praised.
On the other hand, you are accused
rightly or wrongly of many things: of cater-
ing to the rich and powerful, of Ignoring the
poor, especially the 20 million or more black
citizens, of weakening the rights they have
won after years of effort. You are accused of
attempting to destroy the advances In social
service legislation made these last years.
You are accused of attempting to violate the
constitutional provision that guarantees
freedom of speech, press, and assembly. You
are accused of threatening the privacy, the
ver>- basic liberties of the individual citi-
zen and of using the power of the Federal
government to spy upon millions of your
fellow citizens. You are accused of packing
the Supreme Court with some men who will,
by their decisions undermine our democracy
as conceived by the founding fathers. You
are accused of lack of sympathy for the poor,
the needy, and even the Innocent children of
our country by wltholdlng monies appropri-
ated by the Congress to help feed the hun-
gry and the undernourished. You are said to
be a man without compassion. Interested pri-
marily In the furtherance of your personal
ambitions rather than the welfare of your
country. You are held responsible for the
death of over 20 thousand young Americans
and unnumbered thousands wounded in a
EXTENSIONS OF REMARKS
war which It Is asserted you could have
stopped four years ago under the same con-
ditions of your peace proposals today. It is
feared that under the power Imposed by
Congress at your suggestion to limit na-
tional expenditure to 250 billion dollars
annually, your prejudices and priorities may
prompt you to deny monies from government
agencies which should be supported, or even
to withhold monies Congress appropriated
for necessary work. You are charged with
support of Increasing defense appropria-
tions which tffkny authorities deem tuineces-
sary for ou^ national security. These are
grave accusations.
You have been elected president by a 2 to 1
majority of the votes cast. But only 45 per-
cent of the eligible voters voted. That means
that over one-half of the people who could
have voted, did not vote, and of the 45 per-
cent who did vote, 28 million people voted
against you. That is no small number. There-
fore, you are a minority president.
This substantial number opposed you, some
because they did not like what you were do-
ing, many others because of your many un-
kept promises. How can you win the confi-
dence and Indeed — If you want It — the affec-
tion of the people? How can you obtain the
place In history you surely must desire? Now
you have four more years to prove your critics
wrong!
(1 ) Even a reshuffling of the Cabinet, a few
new faces In the administration and declara-
tion of change, will not be enough to con-
vince your fellow citizens that there will be a
change. (2) For all the statistics of organiza-
tions and commissions controlled by you,
housewives know that food costs more. (3)
The reported decrease in unemployment may
well be temporary due to an Increase In the
need during the holidays. (4) And despite
the phenomenal rise In the stock market,
there are very many knowledgeable people In
that area who realize that underneath the
surface optimism there are uncertainty and
unspoken fears for the future. (5) Contrary
to the Implications that all people on welfare
are lazy and looking for handouts to support
them, I firmly believe, and most statistics
show, that most people able to work will
choose work rather than charity. They must
be given Incentive through education, train-
ing, and retraining. Pride Is not an exclusive
possession of the fortunate !
The people know what the issues are. No
propaganda, however well financed, can hide
the facts.
Those who voted for you deeply hope that
In your second administration you will dissi-
pate some of the hesitancy and mlstrtist
which still, unfortunately, surround you and
your associates. They wish you well. They look
hopefully to you to bring back confidence In
their executive, they wish to see a concern
for the unfortunate, they long for the crea-
tion of a new spirit among our citizens.
How can you prove that your critics are
wrong or ha'e misunderstood you? How can
you convince the millions of your fellow
Americans that you are sincerely Interested
In their welfare? How can you win back the
respect and love for our country, so much of
which we have lost these latter years? How
can you lift the nation from Its apparent
apathy?
Mr. President, may I now put before you
some Ideas, hopes, even prayers, that are
shared by many of our fellow citizens? The
Issues before us are clear. They are not po-
litical. They are deeper even than the serious
economic problems which face us, more far-
reaching than the burning question of gov-
ernment's relation to business, finance, the
great corporations, or the average citizen. Im-
portant as these are. The Issues are the pres-
ervation of the American tradition of free-
689
dom and the democratic organization of so-
ciety. When you threaten the rights of the
lowliest citizen, you lay the foundation for
the destruction of the rights of the strong-
est. Just as no human organism Is healthy,
one of whose organs Is diseased, so no nation
can endure with large groups of discontented
and those denied opportunity. No political,
social, or economic order Is in itself sacro-
sanct. It endures so long as It makes for
human well being, happiness, and progress.
A force is rising out of the depths of our
national life, rising in the sullen silence of
millions — little people and great people — a
force which will not be denied. That force Is
the power of the social conscience. It gathers
impetus each day; It Is a mystic power, not
ourselves, which makes for righteousness and
Justice as the foundation of enduring human
relations. We must move forward to meet it.
There are Influences among us working to
destroy this rising social conscience. Espe-
cially great Is the temptation of the rich and
powerful to defeat the Just needs for social
betterment, and a greater share In the bless-
ings of our affluent society. But If our lead-
ers play the harlot to the god of things as
they are, we are doomed and we desene to
go the way of Rome and Carthage. We cannot,
we may not, we dare not divorce government
from the wrongs and the injustices of the
day. from the poverty and misery of our
times, from the fate of the unfortunate, the
oppressed, and the disinherited. The only
lasting peace for any people Is the peace of
righteousness. I come from an ancient people
whose faith has proclaimed that Integrltv and
truth. Justice and righteousness, are the
foundations of life and that man flouts them
to his peril.
I believe a conviction is growing in our
land. It is manifest not only among our
youth, so often decided, it is manifest in
many of the most Important figures even in
your own party. It is manifest In the mil-
lions who voted against you. It Is manifest In
the mUUons who did not vote at all.
This conviction reveals an Increasing feel-
ing that none of us can prosper at the ex-
pense of others. That human rights cannot be
ruthlessly trampled upon. That no man.
woman, or child can be permitted to suffer
undernourishment, that our vast material
wealth and our Intellectual and phvslcal
energies must be devoted to the service of all.
A tide Is moving In the hearts of mUllons of
Americans — It cannot be held back. It will
rise to Its crest and beat upon the shores
of the lives of every one of us.
Mr. President, I do not believe that the
problems which face you — and they are
many, complex and terrifying — can be solved
by techniques of organization or by the me-
chanics and power of government agencies.
They are not only problems of wages, condi-
tions of labor, housing, hours of employment,
and the general welfare. The problems that
face us are spiritual problems. We must feel
a passionate resentment at the injustice and
suffering visited upon huge groups of Indi-
viduals. We must sincerely and vigorously
face up to oppression, unrighteousness, and
corruption among us. Wherever prejudice,
hate and wrong lift their head, wherever
there is a lack of sympathy or understand-
ing, we must try .o feel and to understand.
Wherever there Is no brotherhood, we must
say, "my brother we are here."
Mr. President, we are waiting for spiritual
leadership as well as administrative efficiency.
We need and want a leadership that fearlessly
declares that when the rights of property
conflict with the rights of hvmian beings,
human rights come first, a leadership that
not only proclaims these things, but acts
upon them. We need a leadership that Is
brave enough to declare that the economic
and Industrial orders are not only for the
(;90
c reatlon of profits. We need a leadership that
a:ts upon that declaration. We long for a
leadership that has courage enough vo dls-
t .irb the smug content of them who "sit at
e^se in Zlon."
Will you give us this leadership? Will you
rtnew the old spirit of our people, the old
s rength of heart that conquered a contl-
*nt because It was compounded of moral
cburage. compassion, and faith. You have it
1: 1 your power, Mr. President, to see to It that
na basic human right shall be destroyed, to
a 'e to It that we shall continue to live In
f: eedom. to think what we please, to write
w hat we please, to say what we please, to do
hat we please so long as the greater social
welfare is not menaced. You have It In your
p 3wer to see to It that none shall be forced
ti I take charity, to see to It that all who
(ant work shall find It. and that one's labor
s lall bring adequate return.
Mr. President, I adjure you In the name of
a 1 that your forebears held sacred to bear
t lese things In mind, to build these eternal
Llues Into the structure of our society so
t! lat your "Four More Years" may be years
o ■ which future generations may say — under
h im, America regained a new birth of free-
d 3m for all Its citizens and under him the
nitlons laid the foundations of an enduring
ppace.
Rabbi Morris S. Lazaron.
15
tc
y
^VERETT MORROW—
^MR. DEMOCRAT
HON. HAROLD T. JOHNSON
OF CALIFORNIA
IN THE HOUSE OP REPRESENTATIVES
Saturday. January 6, 1973
Mr. JOHNSON of California. Mr.
st>eaker. a few days after the final ad-
journment of the 92d Congress I was
rivlleged to join the people of Butte
C ounty In northern California in honor-
ing one of our most active community
wjorkers on his 95th birthday.
J. Everett Morrow is an outstanding
njan. He has made many contributions
til his community and to the State. He
h IS served with distinction on numerous
piblic boards and agencies. He has been
a 1 active leader in the continuing quest
f('r good government at local. State and
F jderal levels. He has been an outstand-
iifg member of his church. Mr. Morrow
a Democrat I am proud to say and in
fict in Butte County he is generally
kibwn as Mr. Democrat The observ-
a;ice of his" 95th birthday while it was
51 lonsored by the Democrats of the com-
n- unity went far beyond a partisan rec-
oj nition. In fact the city of Chico in
w lich he lives designated his birthday
a! ""Jam.es Everett Morrow Day" and
people from all walks of life and all
p<ilitical affiliations joined in paying their
r4'>pects to this outstanding citizen.
I consider it a privilege and a pleasure
share with my colleagues the thoughts
which were expressed by the commu-
nty ,« hometown paper — the Chico En-
terprise Record — in an editorial pub-
liihed on the day before his birthday and
ask unanimous consent to Insert this
ec itorial in the Record at this point:
-T
I
EXTENSIONS OF REMARKS
Happy Birthday to Mr. Democrat
No Northern California election year would
be complete without the celebration of
"James Everett Morrow Day" in honor of
Butte County's "Mr. Democrat."
The affair has become a biennial highlight
not only for persons interested In politics but
for citizens of all walks of life who have come
to know and respect Mr. Morrow for his con-
tributions in education, the church, agricul-
ture and general service of his fellow man.
Happily, the "James Everett Morrow Day"
tradition will be maintained here tomorrow
when Mid-Valley Democrats will be Joined by
friends and admirers of other political affilia-
tions In helping Mr. Morrow celebrate his
95th birthday.
As set forth In a special "James Everett
Morrow Day" proclamation Issued by Chico
Mayor Eric Bathen. the birthday affair will
be held in the Democratic campaign head-
quarters at Second and Main Streets from
2 to 4 p.m. It will be open to everybody and
the cake and other refreshments will be free.
Over the years. Mr. Morrow has been
Joined In celebrating his birthday by high-
ranking public officials and dignitaries rang-
ing from former Gov. Pat Brown through
Rep. Harold T. "Blzz" Johnson. Sen. Alan
Cranston and San Francisco Mayor Joseph
Alioto. He has received special/personal greet-
ings from Presidents, former Presidents and
leaders of both houses of Congress. And at
his 90th birthday party in 1967, one of the
surprise features was the following telegram:
"It is with a great deal of pleasure that 1
congratulate you on the occasion of your
90th birthday. Your early service as a school
.4jeacher. your many years of leadership In the
U.S. Plant Introduction Field and your long
lifetime of work on behalf of the party of
your choice mark you as a man of whom
America and California can be proud. I wish
you many more years of good health and
endeavor In the cause of good citizenship.
Sincerely, Ronald Reagan, Governor of Cali-
fornia.".
In this week's proclamation. Mayor Bathen
said. "An outstanding trait Mr. Morrow has
always displayed is the fact that while he
respects the past, he always looks forward to
the future and how he may continue to play
a role in shaping future events."
Under such circumstances, we at The En-
terprise-Record say again as we have In tbfl
past: It is a real pleasure to wish a "Happ"
95th Birthday" to Butte County's "Mr. Dei»'
crat"r-end we look forward to his partlci*-
tion m many future campaigns.
Januanj 9, 1973
E GREATEST THREAT TO
j^EACE NEGOTIATIONS
I
HON. JOHN R. RARICK
OF LOUISIANA
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. RARICK. Mr. Speaker, thinking
Americans should realize that the goal
of the United States both in the Vietnam
war and at the Paris peace talks is and
has been the preservation of South Viet-
nam as an independent nation separate
and distinct from the North Vietnam
Communist Government.
Critics of the President's decision to
resume bombing of North Vietnam fail
to realize that this is the only means by
wljiich the United States can induce the
Communists to remain at the peace talks
to negotiate and work out a settlement
guaranteeing a separate and distinct
South Vietnamese nation. Simply stop-
ping the bombing will not bring peace
Experience should have taught us a bit-
ter lesson about bombing halts: The
Communists either withdraw or drag
their feet at the peace talks while using
the bombing halt to reconsolidate the
North Vietnamese military efforts, thus
bringing increased pressure on the South
Vietnamese Government.
The Communists realize that their one
goal— the subjugation of the Vietnamese
people under Communist domination-
can be accomplished in either of two
ways: At the conference table in Paris.
or simply by refusing to negotiate and
waiting until their friends in America
have forced public opinion to call for im-
mediate and unilateral withdrawal by
the United States. Why should the Com-
munists negotiate peace when they are
being told by their American friends that
they can get what they want and on
their terms by simply refusing to nego-
tiate and waiting on the opinion makers
in America to force unilateral with-
drawal by the United States.
Everj'one wants peace, but we cannot
allow good intentions to mislead us. The
fate of both the U.S. prisoners of war and
the South Vietnamese people is depend-
ent on our maintaining a constant posi-
tion— peace in Vietnam and U.S. with-
drawal can be accomplished if and only
if our prisoners of war and missing in
action are returned and accounted for
and the Communists recognize the in-
tegrity of the South Vietnamese Govern-
ment as distinct from that of the Com-
munist-dominated North Vietnam.
Those Americans of the silent majority
would do well to ask, "which action is
more detrimental to the cause of peace
in Southeast Asia : the resumption of the
bombing of North Vietnam by the Pres-
ident, or the activities of misguided and
exploited Americans who would mobilize
their own coimtrymen against the Pres-
ident's plan to bring America peace with
honor?"
COLUMNIST SAYS ONLY THE PRESI-
DENT CAN END THE WAR— WORLD
OPINION FAVORS ENDING WAR
NOW
HON. JOE L. EVINS
OF TENNESSEE
IN THE HOUSE OF REPRESENTATIVES
Saturday, January €, 1973
Mr. EVINS of Tennessee. Mr. Speaker,
columnist Mary McGror>' of the Wash-
ington Star-News concluded in a recent
article that in the final analysis the
President "is the only man in Washing-
ton, or anywhere else, who can stop the
war."
In her view world opinion is over-
whelmingly opposed to the continuation
of the unfortunate conflict in Vietnam.
Because of the interest of my col-
leagues and the American people in this
January 9, 1973
most important matter, I place the
column by Miss McGrory in the Record
herewith.
The article follows:
War Still Haunts Congress
(By Mary McGrory)
If it's up to Congress to end the war, it
could go on for another hundred years.
Once again, Congress is being Importuned,
prayed to, marched at and lobbied to do
something. Congress has the power, but not
the stomach.
During the last four years, as one bloody
"decisive" step after another has been taken
"to shorten the war," Congress, under pres-
sure from the country, has been at the point
of gathering up its courage and voting to cut
off the money. In the end. It takes the "easy
popular course" of supporting the President
which always means continuing the war.
The Democrats, who might be expected to
lead the way to push the war over the cliff,
have been cowed by the mandate. Sen. Ed-
ward M. Kennedy, a foremost critic. In a mir-
acle of bad timing said he wanted to do busi-
ness with the President four days before
Henry Kissinger announced that peace had
died a-bornlng.
In the second week of the worst bombing
In history. Sen. Hubert H. Humphrey chirped
a plea for Inauguration unity over the tele-
vision.
"The genius of the American political sys-
tem," he said, "Is that all Americans unite
following national elections." This was at a
moment when the country was walking the
floor over the horrors being committed In its
name by a President who did not trouble to
explain.
Majority Leader Mike Mansfield of Mon-
tana i.s the chronic nice guy on Capitol Hill.
A foe of Vietnam, he nonetheless Is prone,
when matters come to a boil, to puff on his
pipe and allow that the President is doing
his best.
The House is worse. Speaker Carl Albert
Is merely the first among many in whose anx-
ious breasts the dilemma of supporting the
President while opposing the war has never
been resolved.
As America's good name was being blasted
away under the Impact of 10 million pounds
of bombs a day, Albert cautioned the House
not to be hasty about anti-war legislation.
He asked to hear the administration's case
for the holocaust.
In the December bombings, the President
once again brought the question back to
ground zero. Congress is easily diverted Into
a discussion of ending the bombing rather
than the war. Simple souls on Capitol Hill
may hall the latest cessation as a victory for
peace, and If the talks in Paris break down
again, the B52s can take to the skies again.
T!ie White House did not "tabulate" Its
mail on the bombing, which means It was
bad. Good tallies are always volunteered.
Republican senators are bearing the burden
of the country's revulsion They are being
deluged with mall from Republicans who say
"I voted for Richard Nixon— but not for this."
This being bombs away around the clock over
downtown Hanoi.
Two Republican senators spoke out last
week against the bombing. Ohio Sen. Wil-
liam O. Saxbe's observation that the Presi-
dent "appears to have lost his senses" did not
jar the White House. He is regarded as errat-
ic, and not difficult to coax back Into the
fold.
Sen. Edward W. Brooke of Massachusetts,
who demanded an explanation and an end.
Is another story. He is the only dissenter who
is welccjme and indulged at the White House.
He comjES from the most dovish and the only
antl-NlKon state In the Union, and much Is
EXTENSIONS OF REMARKS
forgiven him. The President regards him as
the shrewdest politician in the Senate, and
his access Is so constant that other excluded
moderate Reptibllcans send messages to the
Oval Room through him.
Since his senior colleague, Kennedy, tripped
over the olive branch, Brooke could be-
come the leader of the antiwar forces In the
Senate. While It seems unlikely that he
could rally those timid souls to stand firm
on a cutoff, he could deeply embarrass Rich-
ard Nixon — and at the same time enhance his
own national ambitions.
But Richard Nixon Is the only man in
Washington, or anywhere else, who can stop
the war, and he has made it a matter of prin-
ciple never to yield to Congress.
So the only hope that many Americans are
clutching as the New Year dawns over the
rubble and the despair Is that he will bow to
world opinion, take to heart the dlsapprova4
of his new friends In Russia and China and
finally, and too late for honor, let go.
ITALIAN AMERICAN WAR
VETERANS
HON. FRANK ANNUNZIO
OF ILLINOIS
IN THE HOUSE OP REPRESENTATIVES
Tuesday, January 9, 1973
Mr. ANNUNZIO. Mr. Speaker, last
week I introduced in the Congress a bill to
provide for printing as a House document
certain proceedings of the Italian Ameri-
can War Veterans of the United States,
Inc., and I am delighted to have my
distinguished colleagues, Hon. Charles
J. Carney of Ohio and Hon. John H.
Dent of Pennsylvania, join me as co-
sponsors of this legislation.
It is an honor for an individual's ac-
tivities or the proceedings of one's orga-
nization to be recorded among the ofQcial
documents associated with the House of
Representatives. It is an honor we have
accorded to veterans organizations since
1931. We have done this as one of the
symbols of high esteem a grateful nation
bestows upon its veterans. To be Included
among official Government papers is to
be accorded a certain symbolic immor-
tality.
It is certainly appropriate for the
Congress to extend this recognition,
which is now enjoyed by other veterans
organizations, to the Italian American
War Veterans of the United States
whose members have done their share
to uphold and preserve the freedom
and security of our beloved country. It
is only fitting that they and their ac-
tivities should survive as long as the
Republic itself. It is fitting that we re-
member the;r sacrifices for the perpetu-
ation of national ideals.
This outstanding veterans organiza-
tion is a nonprofit and nonpolitical
group made up wholly and without ex-
ception of honorably discharged Ameri-
can war veterans. They are devoted citi-
zens who have demonstrated splendid
patriotism and dedication to the cause
of freedom.
During the 92d Congress, I introduced
a similar bill which passed the House of
691
Representatives, but the Congress ad-
journed before the other body had the
opportunity to take final action. I do
hope that during the 93d Congress, ex-
peditious action will be taken by both the
House and Senate in order to afford this
long overdue recognition to the Italian
American War Veterans.
LEGISLATION TO HELP SMALL
BUSINESS
HON. TOM RAILSBACK
OF ILLINOIS
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. RAILSBACK. Mr. Speaker, the
need for financial help for small busi-
ness has existed for many years, but it
has grown particularly acute in the last
few years. Tlie number of business fail-
ures is very high. Small businesses ex-
perience extreme difBculty in retaining
adequate earnings for their business
needs. External sources of funds are not
always available to small business; and,
when they are, the sources of funds are
either costly or unsatisfactory in terms.
Since small business plays a crucial
role in our society, I am convinced we
should do everything in our power to
sustain a vigorous and healthful en-
vironment for small business. Therefore,
I am today reintroducing a small busi-
ness tax simplification and reform meas-
lu-e which was originally sponsored by
Congressman Joe Evins. chairman of the
House Select Committee on Small Busi-
ness, and Senator Alan Bible, chairman
of the Senate Select Committee on Small
Business.
This legislation evolved over a num-
ber of years after intensive consultation
with small business organizations and.
many tax and economic experts within
and outside of the Government. It is a
bipartisan, comprehensive bill which
provides relief to small businesses not
only at one point of their development,
but during their entire economic life
cycle.
In order to facilitate the early fi-
nancing of small business concerns, in-
vestors are assured liberal tax treatment
of any losses that are incurred on the
stock. Further encouragement to the
original investors is provided by grant-
ing small business corporations a Fed-
eral income tax exemption on taxable
income up to SI million during each of
the first 5 years of operation.
The 5-year exemption will assist the
newly created small businesses to com-
pete more successfully against estab-
lished firms. This wiU help them meet
stiff competition from larger establish-
ments which have been able, over the
years, to build up adequate reserves to
finance their business needs.
The legislation recognizes that even
when a small business becomes estab-
lished, its financial troubles are far from
over. A serious problem in operating a
m
s
ti
of
ti
th?
He'
(192
s nail business is the inability to obtain
e <ternal funds, particularly through bor-
r )wlng. As the Small Business Adminis-
t -ation stated in Its 1971 annual eco-
r omic review ;
Historically, small businesses are among
t:iose thA find credit availability severely
ri strlcted and obtainable only at compara-
t vely high costs and under other terms that
e not the most desirable.
In addition to the tax exemption fea-
1 ire contained in the bill, it also has pro-
sions designed to aid small business in
taming additional funds which will be
ailable for growth. One such provision
the proposed corporate lax rate reduc-
for corporations with small and
niodest levels of taxable income. Under
IS provision, the current rate struc-
re which consists of a 22-percent rate
the first S25.000 would be replaced b^'
graduated rate schedule ranging from
to 50 percent.
Besides- providing necessary tax relief
small business and other provisions
^signed to assure the preservation of
mall busines.<5. this legislation is also
written to simplify the tax laws pertain-
g to small business.
Small business is excessively burdened
the complexity of the tax laws and
forms it must fill out to comply with
tite.se laws and other legal requirements
operating a business. Even though a
;iness manager is highly competent in
operating his business, he is beset with so
rriuch redtape that it diverts a consider-
part of his valuable time away from
c(Jmpany work. This is usually costly to
m. and, in som.e instances, leads to the
struction of the business. The .small
usinessman cannot afford to hire an ex-
accountant or other professional in-
idual to fulfill all his commitments
the Federal. State, and local govern-
mfents. He must fill out numerous forms
relating to withholding of Federal and
income and employment taxes
rpm his employees, excise taxes collect-
from consumers, licensing, census
stlxdies, and an endless list of other gov-
er nment forms.
The deep concern over the ever-ln-
rpasing amount of paperwork required
the Federal. State, and local govern-
ments prompted the Senate Select Com-
ttee on Small Btisiness to conduct a
on Government reports and sta-
tics. At the end of October 1968 their
findings were published. The report ac-
kr owledged that the small business com-
anity is justly concerned about the
prpliferation of reports and paperwork
y are required to furnish. Most of the
cotnplaints involved tax returns, census
re:)orts. and wage and earnings reports.
Last year I inserted in the Congres-
sifN.AL Record a letter from a good friend
mine, Jim Rosborough, president of
Moline Tool Co. in Illinois. Jim
lote:
Ne would certainly appreciate some re-
from this fast-growing burden of Gov-
ernment redtape. Much of It. we feel. Is un-
ne:essary, burdensome, and of no benefit to
an rone except those who prepare the forms
ani compile endless statistics therefrom.
t
v
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a .
t:on
til
tii
oh
a
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d
in
b
tiie
o:
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t idy
EXTENSIONS OF REMARKS
Since that time, I have received simi-
lar letters from businessmen who hope
something can be done in the way of
simplifying tax forms and in decreasing
the tremendous number of Government
•forms they are required to fill out.
Mr. Speaker, the Small Business Tax
Simplification and Reform Act will help
simplify the tax laws pertaining to small
business, and, hopefully, relieve small
business of some of their problems.
The current provisions of the Internal
Revenue Code that pertain to small busi-
ness are scattered throughout the Code.
The bill requires that these sections be
consolidated into one chapter or other
appropriate subdivision. This would
greatly simplify the identification of
these provisions which apply to small
business.
An Office of Small Business Tax Anal-
ysis would be established in the Office of
the Secretary of the Treasury, with the
objective to make a continuing study of
th^ effect of Federal, State, and local
taxes on small business, and the prob-
lems caused to small business in comply-
ing with the reports and procedural re-
quirements of the various governments.
In addition, a Committee on Tax Sim-
plification for Small Business would be
established. The committee, which would
consist of officers from the Treasury De-
partment. Office of Management and
Budget. Small Business Administration,
and the Internal Revenue Code toward
simplifying the Code as it pertains to
small business.
I am convinced the Small Business
Tax Simplification and Reform Act de-
mands immediate attention. Small bi;si-
ness deserves tax relief and simplifica-
tion now.
RETURN PRAYERS TO OUR PUBLIC
SCHOOLS
HON. L A. (SKIP) BAFALIS
OF FLORIDA
IN THE HOUSE OF REPRESENTATIVES
Tuesday. January 9, 1973
Mr. BAFALIS. Mr. Speaker, as one of
my first acts in Congress. I have intro-
duced a constitutional amendment.
House Joint Resolution 128. which will
reinstate prayers in our public schools.
There is little need for me to elaborate
on why such legislation should be ap-
proved. Since the decision of the Su-
preme Court in the Engle case, which for
all intents and purposes has prohibited
praying as a daily part of the school
routine, I have been deeply concerned
over the limitations placed on our reli-
gious freedoms,
America was founded by God-fearing
m^ and women, and we must adhere to
our moral principles if we are to survive.
This is not and never has been a Godless
Nation. Morality and religion are a vital
part of our national heritage and I
strongly believe that if these are to con-
tinue being a part of our heritage, it is
January 9, 1973
imperative that we restore the right to
voluntary prayer in our public schools
Fortunately, I am not alone in my posi-
tion on this issue. Surveys conducted na-
tionwide by George Gallup have shown
that over 70 percent of our citizens want
to see this basic right restored. In March
of last year, the people of my home State
of Florida registered their support of a
constitutional amendment such as mine
by a 4-to-l margin. Obviously, these
people are calling for a return to the
rights they thought were guaranteed
them in the Constitution and it is up to
us as their duly elected representatives
to see that this change is made.
The 92d Congress came very close to
approving a measure similar to Hoasp
Joint Resolution 128. By a vote of 240
yeas to 162 nays, the House fell only 2R
short of the two-thirds vote necessan
to approve a constitutional amendment.
Hopefully, the 93d Congress will be tbf
one to approve this greatly needed revi-
sion.
COST OF LIVING BOOST FOR
FEDERAL WORKERS
HON. BENJAMIN S. ROSENTHAL
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. ROSENTHAL. Mr. Speaker, I rise
today in behalf of more than 1.6 million
civil servants who live and work in the
major metropolitan areas of our coun-
try. I am introducing legislation to pro-
vide for the establishment of a special
cost-of-living pay schedule containing
increased pay rates for these Federal em-
ployees in areas of a half million or more
population to offset the extraordinary
cost of urban living.
Private industry and some State gov-
ernments already pay higher salaries and
wages to employees in large cities than
they do for the same kind of work in
other areas where living costs are not
as high.
Evidence of the necessity for this leg-
islation can be found in recent job ac-
tions by Federal employees seeking
higher pay, most notably postal work-
ers, who are no longer covered by the
civil service pay schedules as a result
of the Postal Reorganization Act. Such
actions were centered in the big cities
and high cost-of-living areas.
Elsewhere, workers seem more satis-
fied with Federal pay scales. In fact, in
many rural and suburban areas, Federal
salaries are actually higher than State
and local government and private in-
dustry pay for similar work.
Every major national employer has
resolved this issue — everyone that Ls ex-
cept the Federal Government, which is
the Nation's largest employer. Nearly 78
percent of Uncle Sam's 2.1 million em-
ployees live in metropolitan areas of a
half million or more population.
There are some signs, however, that
the Federal Government is aware of the
Januanj 9, 1973
problem. Per diem rates for servants are
larger when they visit certain large cities,
in recognition of the higher costs there.
The school lunch program is another ex-
ample. Eligibility standards permit high-
er income levels in urban industrial
centers than in rural nonindustrialized
areas.
It is the job of this committee and this
Congress to extend that recognition to
where it coimts, the worker's pay enve-
lope.
When an employee in private industry
transfers to New York City from another
part of the country, he will receive an
automatic 10- to 20-percent increase in
pay, even though he continues to do the
same kind of work. A typist, file clerk,
laborer, or white collar employee of a
large national corporation in New York
City receives a higher salary or wage
than his counterpart in the same com-
pany in other areas of the country.
Even the State of New York pays em-
ployees who work in New York City a
higher salary than those State workers
with comparable jobs in other parts of
the State where the cos^ of living is not
so great. Municipal salaries of city em-
ployees in New York rank among the
highest in the country, mostly in recog-
nition of the higher cost of living in New
York City.
We are the Nation with the highest
standard of living in the world, and yet
the Federal Government pays many of
its employees in the New York City area
salaries which are less than they could
receive if they collected welfare.
Under current Federal pay scales, a
GS-1 appointee starts at $4,798; a GS-2
appointment pays $5,432; a GS-3 salary
is $6,128. In comparison, a family of
four on welfare in New York City re-
ceives the equivalent of $4,840.
Those higher grade Federal classified
employees who do receive more in salary
than they would on welfare still, in most
cases, receive less than the income re-
quirements for a family of four to main-
tain a modest standard of living.
Studies by the Labor Department's Bu-
reau of Labor Statistics show the typical
family of four needs $6,694 to maintain
a lower budget level in a small city, but
about $1,000 more for the same standard
of living in New York City, Washington,
EXTENSIONS OF REMARKS
D.C. San Francisco. Chicago, Los An-
geles, Boston. Honolulu, or Seattle.
The starting salary for a GS-1 appoint-
ment, which is a clerical job, is $4,798 —
nearly $2,000 below BLS's lower budget
level for smaller cities, and almost $3,-
000 below the level for large metropoli-
tan areas.
In fact, even a GS-5, who must have
4 years of college or equivalent experi-
ence, would not reach the minimum
budget for most large cities. His starting
pay is $7,695. That, however, is above
the small city requirement.
This same relative disadvantage for
big city workers holds true across the
board.
Let us look at the mid-level civil serv-
ant, the GS-9. To get this far, he needs a
master's degree, a law degree or com-
parable experience. Starting pay is $11,-
614. That is just above the intermediate
budget level for the average large city
and even further below what is needed
in New York, Wasliington, D.C, Seattle,
Houston, Boston, Chicago, Philadelphia,
and San Francisco. But it is more than
$1,800 over and above the small city re-
quirement.
To maintain a higher budget level, the
family of four would need $13,657 in a
city of 50.000 or fewer, but in some major
metropolitan areas that need exceeds
$19,000. However, a senior level civil
servant, GS-13, starts at $19,700. As
you can see, that is more than enough to
live very comfortably in a small city, and
just what is required in the large metro-
politan areas.
These figures and the charts I am In-
serting following these remarks clearly
show the disadvantage our current civil
service pay system puts on the miUion
or so Government employees who live
and work in the Nation's largest cities.'
As we have seen, pubhc assistance in
some places pays more than public em-
ployment.
Increased salaries through regional
differentials would not only be more
equitable to Federal employees, but
would be of great benefit to the Govern-
ment as well. If the Federal Government
paid its classified workers salaries which
are competitive with private industry In
that locale, it would be able to recruit and
retain more qualified and better trained
12 MAJOR CONCENTRATIONS OF FEDERAL WORKERS
693
employees instead of losing them to pri-
vate industry. Government service
should not be viewed as a training
ground for more lucrative jobs in the
private sector: it should be considered as
a career occupation.
Under my legislation, the Civil Serv-
ice Commission would establish a special
cost-of-living pay schedule for employ-
ees and positions located in metropohtan
areas with a population of 500.000 or
more. Three out of every four Federal
employees would be affected.
Mr. Speaker, this bill has been en-
dorsed by the American Federation of
Government Employees, one of the ma-
jor unions representing Federal work-
ers; by the AFL-CIO through its New-
York City Labor Council ; and by the Na-
tional Federation of Federal Employees.
The figures and charts referred to
follow :
FAMILY OF 4 BUDGET REQUIREMENTS!
Lower
Inter-
mediate
Higher
All U.S. cities
Cities 2.500 to 50 .000
.... J7.214
... 6.694
J10.971
9.S05
11,232
J15,905
13,657
Cities 50,000 and up
.... 7,330
16,408
GS-1 J
GS-9>
GS-13 «
Starting Federal pay
.... J4,798
Jll,614
{19, 700
■ Source: Bureau of Labor Statistics.
! GS-1 is starling pay for clerical workers with no experience.
3 GS-9 IS a middle-level managerial position that requires a
master's degree or equivalent experience.
< GS-13 is a senior level Government worker.
NEW YORK CITY
(Metropolitan area papulation, 11,529,000; Federal workers,
128,6821
Inter-
Lower mediate Higher
Family of 4 budget level $7,578 $12,585 $19,238
GS-1 GS-9 6S-13
Starting Federal pay $4,798 $11,614 $19,700
Welfare, family of 4 '4,840
' Source: Mayor's office. This figure represents the cash
equivalent ol the annual welfare payment. Public assistance,
$3,840; food stamps, $360; medicaid, $540; and clinic visits. $100,
area
Federal workers
Population
Family ol 4
budget •
Metropolitan
Index 1
Lower
Intermediate
Higher
Washington, D.C...
295 385
2.861,000
11.529.000
3.110,000
4,818.000
6, 979. 000
7,032,000
2, 754. 000
2, 363. 000
4, 200. 000
1.631,000
2,401,000
1,422,000
'124.7
130.3
J 122.9
126.0
123.3
121.3
126.2
'120.8
125.0
•122. 4
124.7
> 119.0
7,500
7,578
7,971
7,406
7,536
7.671
7,825
7.238
7.074
8.990
7.078
7,666
11.252
12.585
11.683
11.404
11.460
10. 985 '
12.819
10,944
10,754
13.108
10.686
11,124
16 345
New York City..
122 934
19 238
San Francisco.
74 300
16 906
Philadelphia
80 921
16 583
Chicago. .
72 998
16 487
Los Angeles
69 337
16 225
Boston.
39 725
19,073
15 733
St, Louis.
35 531
Detroit. .
29 957
15 665
Honolulu
^
25 692
19 700
Pittsburgh
18 282
15 475
Seattle.
16 497
15 786
' April 1972 figures unless otherwisj noted.
' February 1972.
> March 1972.
< Source: Bureau of Labor Statistics.
X
194
iiron, Ohio
ICany-Schntrty-Troy, N.Y...
Itntn-Beth-Eastn. Pa.-N.J_.
naheim-StAn-Gar Gr, Calif.,
tianta, Ga.._
i altimore, Mrt
I irmingham. Ala
oston. Mass
uffalo, N.Y
( "icago. III.
ncinnati, Ohio-Ky.-Ind
eveland, Ohio
( clumbus, Ohio ,
alias, Tex
i ayton, Ohio .,
( enver, Colo
( etroit, Mich
f ort Laudrdale-Hol-wd. Fla..
lort Worth, Tex.
ary-Ham-E. Chicago, Ind..
Ijranc) Rapids, Mich ,
rboro-Wins-Sal-H,Pt. N.C...
artford. Conn
> onolulu, Hawaii ..
I ouston, Tex
idianacolis, Ind.
; jcksonville, Fla
.Sfsey City, N.Y ,
I ansas City. Mo.-Kans. . . ,,
I OS Angeles-L. Beach, Calif..
I DUisville, Ky.-lno...
Memphis, Tenn-Ark
I liami. Fla
I lil*aukee. Wis
EXTENSIONS OF REMARKS
FEDERAL CIVILIAN EMPLOYMENT IN METRO AREAS OF 500,000 AND MORE
January 9, 1973
Metiopelitan
Federal workers
Population
2,595
8,555
1<863
8^783
27i34l
52, 941
7,148
39, 725
9,850
72,998
13,407
201805
11,945
14. 519
25,973
26,499
29.957
2.431
9,348
1,707
2133
3^578
5^7U
25.692
17.580
17. 155
10,314
5.095
22,966
69, 337
JO, 536
^2.627
12,737
10.166
679.000
721,000
544.000
1, 420, 000
1. 390. 000
2,071.000
739. 000
2.754.000
1,349.000
6.979,000
1.385.000
2,064,000
916.000
1. 556. 000
850,000
1.228,000
4, 200. 000
620.000
762.000
633,000
539,000
604,000
664,000
629.000
1 585,000
1 no 000
529, 000
609. 000
1, 254. 000
7, 032, 000
827, 000
770 000
1,261,000
1,404,000
Metropolitan
Mlnneapolis-St. Paul, Minn
Nashville. Tenn
New Orleans, La
New York, N.Y
Newark. NJ
Norfolk-Portsmouth, Va
Oklahoma City, Okia
Omaha, Nebr.-lowa
Patersn-Clif- Passaic, NJ
Philadelphia, Pa.-N.J
Phoenix, Ariz
Pittsburgh, Pa
Portland, Oreg.-Wash
Prov-Paw-Warwck. R.l.-Mass
Richmond, Va
Rochester, NY
Saaamento. Calif
St Louis. Mo.-lll
Salt Lake City, Utah
San Antonio, fex
San Bern-River-Ont, Calif
San Diego, Calif
San Francisco-Oakid, Calif
San Jose, Calif
Seattle-Everett, Wash
Sprng-Chicopee-Holy, Mass-Conn.
Syracuse, NY
Tampa-St. Petersburg, Fla
Toledo, Ohio-tiflich
Washington, D,C.-Md.-Va
Youngstown-Warren, Ohio
Total..
Federal workers
Population
18,198
1.814.000
6.520
541,000
13. 130
1,046 OOO
122, 934
11,529,000
21,866
1,857,000
32, 349
681,000
33, 497
641,000
8,145
540.000
5,949
1,359,000
80, 921
4,818.000
10,230
968.000
18, 282
2,401.000
14,667
1.009,000
5,467
911,000
8.705
518.000
3,817
883,000
27,567
801,000
35,531
2,363,000
23,639
558,000
39.799
864,000
13,073
1,143,000
30,898
1,358,000
74.300
3,110,000
9.105
1,065,000
16,497
1,422,000
4,075
530,000
4,315
636,000
7,259
1,013,000
2.736
693,000
295. 385
2,861,000
2.139
536,000
1,605,355
Note: This figure represents 60.8 percent of 2,639,825 total Federal employees listed by the Civil Service Commission as of Dec. 31, 1971 .
HON. MAURICE H. THATCHER
HON. DANIEL J. FLOOD
OF PENNSYLV.ANIA
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. FLOOD. Mr. Speaker, I am sad-
dened by the passing of a distinguished
ormer Member of the House of Rep-
resentatives, the Hon. Maurice H. That-
( her cf Kentucky. Congressman Thatcher
( ied at the age of 102 and remained to
he end an active and concerned Ameri-
( an. I submit for printing in the Record
he obituary from the Washington Star
H'hich illuminates the long and produc-
' ive life of our remarkable fonner col-
ieague.
Maurice Thatcher Dies;
ex-conchessman, 102
Former Flep Maurice H. Thatcher, 102, the
inly surviving member of the Isthmian Canal
("ommlsslon and once civil governor of the
I'anama Canal Zone, died Saturday at his
1 lome on 16th Street NW.
Mr. Thatcher also was the oldest surviving
ormer member of Congress. A Republican,
!ie represented the Kentu.-ky district that
included Louisville from 1 i2? to 1933. He was
nominated for reelection tri the House in 1932
liut gave up that nomiiui Ion to seek his
I larty's nomination for f: : Senate instead.
]Ie failed to win the Sena' nomination.
After leaving Congress ae practiced law
1 lere until about two years ago.
Mr. Th.%tcher was born in Chicago, but
'fhen he was 4 years old his family moved to
:3utler County, Ky., and settled near Morgan-
1 own.
After working as a farmer he was employed
1 >y a newspaper and by several county offices.
I'rom 1892 until he resigned in 1896 to study
1 aw. he was clerk of the Butler County Cir-
( uit Court.
I KKNTTJCKT OFFICIAL
He began practicing law in Frankfort, Ky.,
In 1898 and later that year began serving as
assistant attorney general of Kentucky. He
moved to Louisville next and from 1901 to
1906 was assistant tJ.S. attorney for the west-
ern district of Kentucky. From 1908 to 1910
he was the state examiner and Inspector for
Kentucky.
President William Howard Taft appointed
Mr. Thatcher to the Isthmian Canal Com-
mission in 1910 and also as head of the de-
partment of civil administration of the Canal
Zone. The canal opened In 1914. The only
bridge over the canal carries his name.
Mr. Thatcher next returned to his law
^iractlce In Louisville, where he later served
on the board of public safety and as de-
partment counsel for Louisville.
While in Congress, Mr. Thatcher was ac-
tive in supporting legislation providing Canal
area improvements. He returned to the Canal
Zone on a number of visits, including a 1956
trip and another in 1958 that was held on
the lOOth anniversary of the birth of Theo-
dore Roosevelt.
Mr. Thatcher also sponsored legislation
that expanded the foreign and domestic air-
mall services, converted Camp Knox, Ky., of
World War I into the permanent military
post there, created the Mammoth Cave Na-
tional Park and expanded the Abraham Lin-
coln Birthplace National Historical Site and
the Zachary Taylor National Cemetery.
He also sponsored legislation establishing
a free ferry across the Pacific entrance of the
Panama Canal and a highway connecting it
to the Panama road system.
Mr. Thatcher was the author of legislation
In 1928 that established and continued oper-
ation of the Gorgas Memorial Laboratory In
Panama City. Named for his friend. Col. Wil-
liam C. Gorgas, a pioneer in yellow fever
work, the laboratory Is prominent in tropical
disease research.
Mr. Thatcher served seven terms as presi-
dent of the District Society of Mayflower
Descendants and also was counselor and
deputy governor of the General Society of
Mayflower Descendants.
His wife, the former Anne Bell Chinn of
Frankfort, Ky.. died in 1960, At one time she
was a member of the governing board of the
League of Republican Women of the District.
Services will be held at 1:30 p.m. tomor-
row at the Lee Funeral Home, 4th Street
and Massachusetts Avenue NW. It Is re-
quested that expressions of sympathy be In
the form of contributions to the Scottish
Rite Foundation, 1733 16th St. NW, for an
educational fund.
SOCIAL SECURITY INCREASES
HON. RICHARD G. SHOUP
OF MONTANA
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. SHOUP. Mr. Speaker, the 92d
Congress passed legislation which pro-
\1ded social security increases of 20 per-
cent. This measure was enacted into law
and recipients looked forward to a larger
check in October. In many cases the in-
crease proved to be a myth.
State and local governments noted the
social security increases as increases in
individual income and used this as an
excuse to slash welfare benefits, medi-
caid, aid to the blind, disabled, depend-
ent children and others. It was not the
intent of Congress to cut these essential
benefits but to provide social security
recipients with a much needed increase
in benefits.
It is incomprehensible to think that
our hard pressed senior citizens are
being deprived of benefits that are right-
fully theirs. At best many of these citi-
zens who have contributed so much are
living with modest means. More often
"\
Jarmarij 9, 1973
their financial status is precarious, often
desperate.
I am reintroducing this bill to assure
that thousands of our fellow citizens will
receive the benefits that Congress in-
tended them to have. My bill will assure
that the increase in social security bene-
fits does in fact go to the recipient as a
real, net 20-percent increase.
Mr. Speaker, I include my bill dealing
with social security benefits in the Rec-
OM at this time in its entirety:
H.R. 1685
A bill to require States to pass along to pub-
lic assistance recelpients who are entitled
to social security benefits the 1972 Increase
in such benefits, either by disregarding It
in determining their need for assistance
or otherwise
Be it enacted by the Senate and House
of Representatives of the United States of
America~ assembled. That In addition to the
requirements Imposed by law as a condition
of approval of a State plan to provide aid or
assistance to Individuals under title I. X,
Xrv, or XVI, or part A of title IV, of the
Social Security Act, there Is hereby Imposed
ihe requirement (and the plan shall be
deemed to require) that. In the case of any
individual found eligible (as a result of the
requirement imposed by this Act or other-
wise) for aid or assistance for any month
after August 1972 who also receives In such
month a monthly insurance benefit under
£Itle II of such Act which is Increased (or Is
greater than it would otherwise he) by rea-
son of the enactment of section 201 of Pub-
lic Law 92-336, the sum of the aid or assist-
ance received by him for such month, plus
the monthly Insurance benefit received by
him In such month, shall not be less than
the sum of —
_ (1) the aid or assistance which would have
been received by him for such month under
the State plan as in effect for August 1972.
plus
(2) the monthly insiu-ance benefit which
was or would have been received by him for
August 1972. plus the amount by which such
benefit (effective for months after August
1972) was or would have been increased by
such section 201.
whether this requirement Is satisfied by dis-
regarding a portion of his monthly insurance
benefit or otherwise.
MAN'S INHUMANITY TO MAN-
HOW LONG?
HON. WILLIAM J. SCHERLE
OF IOWA
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. SCHERLE. Mr. Speaker, a child
asks; "V^^here is daddy?" A mother asks:
"How is my son?" A wife asks: "Is my
husband alive or dead?"
Communist North Vietnam is sadisti-
cally practicing spiritual and mental
genocide on over 1.757 American prison-
ers of war and their families.
How long?
EXTENSIONS OF REMARKS
JOINT COMMITTEE ON THE BUDGET
HON. HAROLD RUNNELS
or NEW MEXICO
IN THE HOUSE OF REPRESENTATR-ES
Tuesday, January 9, 1973
Mr. RUNNELS. Mr. Speaker, there has
been considerable debate in regard to the
role of the Congress in establishing na-
tional spending priorities. In recent
years, the trend has been for the execu-
tive branch of Government to encroach
upon the responsibility that should be left
to the Congress.
Some would argue that administra-
tions, both past and present, have im-
poimded various Federal funds which
have been duly appropriated by the Con-
gress because the Congress has acted ir-
responsibly in matters of the Federal
budget.
Other Presidents have held up the ex-
penditiure of appropriated funds in the
past, but this practice has reached new
heights under the present administra-
tion, which has chosen to terminate the
rural environmental assistance pro-
gram— REAP — abolish 2-percent loans
to the Rural Electric Administration —
REA — and curtail emergency loans to
farmers and rural homeowTiers by the
Farmers Home Administration.
There may be arguments pro and con
on these agricultural programs, as well
as the many other programs which the
President has seen fit to curtail, but the
individual merits of these programs is
not the real issue at the moment.
At stake, I feel, is the ability of the
Congress to exercise its constitutional au-
thority on matters of Government spend-
ing.
If the Congress is relinquishing its re-
sponsibility to the executive branch,
either by design or its inability to cope
with the problem, I feel that the time
has come for us to establish the machin-
ery which would enable us to adequately
do the job.
Therefore, Mr. Speaker, I am today in-
troducing legislation to establish a Joint
Committee on the Federal Budget. The
primary function of this committee will
be to estimate Federal revenues and pro-
vide Congress with a recommended Fed-
eral budget each fiscal year. It will also
provide Congress with a monthly balance
sheet on appropriations.
This joint House-Senate committee
would consist of 26 members, including
the chairmen of the House Appropria-
tions Committee, the House Ways and
Means Committee, the Senate Appropri-
ations Committee, the Senate Finance
Committee, and 11 more Members ap-
pointed from both the House and Sen-
ate.
It is my intent that the efforts of this
committee will be directed toward the re-
duction of huge Government deficits such
as the $23 billion deficit incurred in fiscal
year 1972.
Historically, we find that almost all ad-
ministrations— Democrat and Republi-
can— have overestimated Federal reve-
695
nues, and this is one of the big reasons
for continued big deficits.
As you know, when we change admin-
istrations every 4 or 8 years, each new
President brings in people who assist him
in projecting revenue estimates and pre-
paring a Federal budget.
It is time to change our entire ap-
proach to this problem by having Con-
gress come up with its own revenue esti-
mate and budget and then provide each
and every Member with a monthly bal-
ance sheet indicating how the legislation
is afTecting that budget.
If Congress adopts this proposal, it
should be able to come up with budgets
more accurate and realistic than those
we have been getting from the executive
branch. Congress will then be able to
take the necessary steps to avoid the defi-
cit spending which has plagued this Na-
tion in recent decades.
I do not propose that ije replace the
budget-making role of the executive, but
only that we supplement it with a con-
gressional budget. Such a system would
provide its own checks and balances.
This joint responsibility on matters of
the budget is a practice that has worked
effectively in my own State of New Mex-
ico, where legislators have two budgets to
compare — one from the executive branch
and one from their ovm Legislative Fi-
nance Committee.
Under this method of operation. New
Mexico legislators usually wind up ap-
proving parts of both budgets, but in the
end the taxpayers get a better break.
The State, this year, ended the year with
a $41 million surplus. A surplus at a time
when many State governments across
this Nation are experiencing deficits.
By -having its own committee on the
Federal budget. Congress would be in a
better position to vote on matters of Fed-
eral spending and the economy. I think
it is time the Congress took a long, hard
look at such a proposal and accepted the
responsibility of better controlling the
financial affairs of this Nation. This leg-
islation. Mr. Speaker, would provide Con-
gress with the tool it needs to do the job.
"ON PEACE IN OUR TIME," AN AD-
DRESS BY MR. FORBES MANN.
SENIOR VICE PRESIDENT. THE
LTV CORP. BEFORE THE SAN
FRANCISCO CHAPTER OF THE
AMERICAN ORDNANCE ASSOCIA-
TION
HON. OLIN E. TEAGUE
OF TEXAS
IN THE HOUSE OP REPRESENTATIVES
Ttiesday, January 9, 1973
Mr. TEAGUE of Texas. Mr. Speaker,
Mr. Forbes Mann, senior vice president
LTV Corp.. Dallas Tex., presented the
main address before the San Francisco
Chapter of the American Ordnance As-
sociation, an organization of American
citizens dedicated to peace through in-
dustrial preparedness for national de-
fense.
H g
C
M
Vi
b
F
I'
o
h
B"
ft;
E;
w ;alt
Si
6P6
Mr. Mann has had a long tenure of
service with LTV and spent several of
those years of service here in Washing-
t( n. He is well known to many in this
b )dy. and in my estimation one of the
firiest corporate executives that I know,
ijnder leave to extend my remarks in the
CORD. I wish to include the text of Mr.
Mann's address and commend its read-
to all of the Members of this body :
On Pe.\ce IX Our Time
(By Forbes Mann)
THE QUEST FOR PEACE
U has now been 34 years since Neville
lamberlaln's triumphant return frohi
unich to tell the world that It was to enjoy
peace in our time." Unfortunately, as these
ry words were spoken, preparations were
Ing made for the overthrow of Czecho-
vakia . . and. eventually, of Hungary,
Pjiland. Norway. Holland and Prance as well.
the years that have intervened, the people
America have enjoyed not peace but rather
.ve suffered 50 years of tension and the
onles of fourteen years of outright war.
yond World War II. the world has seen
jhting in such diverge places as Israel and
pt. North and South Korea. North and
Siiuth Vietnam and Cambodia and Laos and
iba and India and Pakistan and Hungarv
:id. once again, in Czechoslovakia.
The people of America have come to hunger
peace more than anything else In the
wt>rld. They are tired of conflict. They are ex-
usted with war These views are shared by
Americans, the young and the old. the
'thy and the poor, and by the people who
-ake up our military and defense Industry
o They want peace, not only In our time,
Jt also in our children's time, and In their
lldren's time.
The disagreement that exists is over how
le achieves this much sought peace. It is
itout this topic that I plan to talk with you
Is evening. I would like to suggest that the
o peace Is In part through the achleve-
t of military strength . . . and that. In
. It Is the path to war that is paved
military weakness.
This Is not, of course, a new notion. George
\^ .ishington warned us "There is nothing so
11 :ely to produce peace as to be well pre-
pared to meet an enemy." The Durants, In
■ lewing The Lefssons of History, noted that
i'eace is an unstable equilibrium, which
n be preserved only by acknowledged
premacy or equal power."
Babylon was the largest and richest nation
its time, but Its complacency easily per-
tted the Medes and Persians to overrun it
lid enslave Its people. Rome. too. was the
traordlnary power of its age. yet it too was
troyed. Perhaps the strongest nation in
Americas before our own time was that
the Incas, but It collapsed in the face of
better armed Invaders Turning to more
recent times, one can speculate what would
h ive been the fate of Israel had It embraced
policy of cutting military expenditures and
relying upon diplomacy to assure survival,
would indeed seem to suggest that
weakness m military power or
Is Itself the greatest threat to
p;>th
c( ntrast.
w ,th
o:
nil
a
e)
d IS
t! e
o:
H istory
w jakness
ir will
p sace.
he
t( r>'
o le
There is much Insight In the warning of
ntayana that "Those who do not remember
e past are condemned to repeat it." But it
not necessary to search the pages of his-
T to learn that regardless of how intensely
may cherish peace, no one nation can, by
tielf. assure peace. The arithmetic is quite
il mple. It takes two to make peace . . . but
"y one to make war. Ask any boy In a big
y whether or not the best way to stay out
a fight is by being the smallest kid on the
ock.
o ily
cty
o
b
EXTENSIONS OF REMARKS
The world still obeys, unfortunately, cer-
tain of the laws of the jungle. It has now
been over 40 years since an expert on such
matters of no less stature than Joseph Stalin,
speaking of the exploiters who had caused so
much suffering in old Russia, pointed out:
"You are backward, you are weak — therefore
you are wrong; hence, you can be beaten and
enslaved. You are mighty — therefore you are
right; hence, we must be wary of you."
It is tragic indeed that the world should
spend 6.4 percent of Its total output on Its
military forces. But is is even more tragic to
recall the price paid by those who In- the past
have too sorely tempted the appetites of
would-be aggressors. We should perhaps re-
mind ourselves that the price paid by each
American to maintain our nation's military
strength comes to about one dollar per day.
Stated in a somewhat lighter vein, our
goal Is to avoid the situation which was
recently reported in the weather forecast of
an Iowa newspaper, "There is a 60 percent
chance of tomorrow and the next day!"
.\ QUESTION
But one must ask, "If strength Is Indeed a
sina qua non In assuring peace, why then
does such a large body of citizenry oppose
expenditures for our military forces?" I sus-
pect the answer is manifold, but the principal
arguments go something like the following;
First, It is argued that the military power
of the United Slates is already awsome. In
addition, there is no reason for anyone to
attack the United States, as evidenced by the
fact that even tensions with the Soviet Union
and the People's Republic of China seem to
be relaxing. It Is said that we no longer
can afford to be, or need to be, the world's
police force. We have urgent needs for our
limited resources right here at home — where
pollution threatens our very ability to
breathe, where crime Is rampant, where our
Inner cities are crumbling and where our
highways kill more people than all our wars
combined. Further, even If we did spend
more money on defense, it would surely be
squandered by the Ineptitude of the defense
officials. And, finally, the real threat to our
country's well being Is not some distant for-
eign power, but is our own military Industrial
complex — which is already so powerful as
to endanger the very economic survival of
our country's social programs.
I would like to take a few moments to
address these viewpoints. Many, of course,
have degrees of merit, and, unfortunately,
none are truly satisfactorily answered In a
few words. All, however, would seem to have
suffered in the past from the absence of a
balanced presentation of the facts. I believe
there can be Uttle question that some seg-
ments of the media have been much quicker
to criticize the fallings of those who are
responsible for our nation's defense than to
publicize their successes.
The problem with the press. It might be
worth nothing In passing, is not unique to
the defense complex. You may have read In
connection with a recent visit by Queen
Elizabeth to France that she, too, was shocked
to learn of her Image, as projected by the
press. It seems that the French media, in this
case, had over the years reported her as being
pregnant on 92 separate occasions, having
suffered 149 accidents and having nine mis-
carriages. Further, she had abdicated 63
times, been on the verge of breaking up with
Prince Philip 73 times, been on the edge of
a nervous breakdown on 32 occasions and
had endured fully 27 attempts on her life.
And I thought the defense Industry had a
bad press!
THE OTHER SIDE OF THE COIN
It should be said at the outset that the ex-
tent of military expenditures in the world
today Is one of the most saddening testimo-
nials to our time. One should never lose sight
January 9, 1973
of the fact that the total military expendi-
tures by all nations equals the Income pro-
duced by the 1.8 bUlion people in the poorer
half of the world's population. The real
tragedy Is that unilaterally to disarm one-
self is, however, likely only to bring greater
misery into the world.
The point of view that the military power
of the U.S. Is already more than adequate to
assure our survival Is a difficult one to assess,
for in essence one must decide — how much
Is enough? The one thing that does seem
clear Is that although 10 percent too much
military force might be considered wasteful
10 percent too little might be fatal.
The end goal of our military forces is to
provide sufficient strength to deter any po-
tential aggressor from initiating either an
all-out strategic exchange or a more limited
tactical conflict. Clearly, In the latter case
we do not now have — nor do we know how to
achieve — a high confidence deterrent. In the
former case, we appear to be In a much
stronger position; although what Is adequate
In this sense depends not upon what we con-
sider to be adequate but rather upon what
the USSR and People's Republic of China
consider to be an inhlbltant. One impor-
tant— and often neglected— point Is that
one's strategic deterrent must be sufficient
to provide unacceptable punishment to an
enemy after having absorbed a surprise at-
tack by that enemy, and after having en-
countered the defenses of that enemy. If this
Is not the case, one may place a potential
enemy In the highly dangerous position of
being able to win If he Initiates the conflict—
and. possibly, only if he Initiates the conflict.
As measured In terms of our strength. In
relation to that of the USSR, It would seem
that we do not provide for ourselves any-
where near the capability that the Soviets
have considered necessary for themselves.
The Soviets have 3,100 home defense Inter-
ceptor aircraft. We have 400. The Soviets have
10,000 surface-to-air missile launchers for
home defense. We have 600. The Soviets have
three times as many tanks as we. more artil-
lery, more armored combat vehicles and over
a million more uniformed men. They have
operational ballistic missile defenses, antl-
shlp missiles and orbital bombardment sys-
tems and several other systems of which, we
as yet, have none. Over half the ships of the
U.S. Navy are over 20 years old. as compared
with one percent for the USSR.
The USSR seems. In fact, dedicated to
clearly and decisively surpassing the U.S. in
virtually all aspects of military strength. Four
years ago. Russia had 550 ICBMs. Today they
have 1500. Four years ago the US. had 1056
ICBMs. Today we have 1056. Four years ago
the USSR had 5 advanced strategic missile
submarines. Today they have 34, with num-
ber 42 now in the shipyards. Four years ago
the U.S. had 41 strategic missile submarines;
today we still have 41, The payload of the
USSR strategic ballistic missile force, under
the relationship essentially frozen by the
SALT agreement. Is about four times that
of our own. This enormous "throw-weight"
advantage provides the basis for major capa-
bility upgrading, should the Soviets elect to
pursue this avenue. In fact, it is only In the
areas of aircraft carriers, attack helicopters,
heavy bombers and multiple independently
targeted reentry vehicles that the U.S. has
not already relinquished clear military su-
premacy.
Turning for a moment to space, the Soviets
are continuing to increase the number of
space launches they conduct, adding about
8 more each year than were conducted the
previous year — an unwalverlng course they
have maintained ever since the days of Sput-
nik. In contrast, the U.S, annual rate of
launches has decreased by 10 per year since
the U.S. space effort first began its decline
Jamianj 9, 1973
in 1966, These trends stUl appear to be largely
unchecked.
Let us turn now to the point which Is so
often heard that we must reduce our ex-
penditures on defense , , . so that we can
increase attention to much needed social
programs. This shifting of funds has. In fact,
already been accomplished to such an extent
that the questions today is only one of degree.
The defense share of the total federal, state
and local budget is the lowest It has been
since 1940 . . . the year before our weakness
Invited Pearl Harbor. In fact, the Department
of Health, Education, and Welfare has now
surpassed the Department of Defense as the
government's number one spender. In the
eight years since the beginning of the Viet-
nam war. the number of defense employees
has actually decreased by about 150.000. In
contrast, other federal, state and local em-
ployment has grown by 4,000,000 in this same
time period.
There is a common misconception that if
we were only to reduce our defense budget,
we would then be able to solve all those prob-
lems of our society which have heretofore
escaped solution. To test the validity of this
belief, assume for a moment that we were
in fact to change our basic philosophy on
the need for national defense and that the
United States' defense' budget were thereby
cut to. say, the level expended by the Somali
Republic. Would this then make possible the
rebuilding of our cities, the elimination of
poverty, the cleansing of our environment,
and the elimination of crime? The answer
is that In the years ahead it would make
possible only a 15 percent increase In non-
defense public spending. Many perhaps would
argue that a 15 percent increase in the effec-
tiveness of our public spending might al-
ternatively be achieved merely through the
improvement of the efficiency with which
those programs are administered. But, be
assured that if the United States were to
cut its defense budget to this degree, there
IS a very high probability that air pollution,
traffic congestion and aging buildings would
Indeed be reduced to the lesser of our prob-
lems.
This Is not to suggest, however, that we
can afford to neglect those problems which
aifllct our society today. Rather, it Is to sug-
gest that we can, and must, solve those prob-
lems without dismembering our capability to
defend ourselves. Recall that we as a nation
now have an annual gross national output
which exceeds one trillion dollars. Remem-
ber that we still spend half as much on dog
and cat food, for example, as on the entire
space program. Or, that we spend half as
much on toys and accessories for our dogs
and cats as we spend on defense research
and development. Thirty percent of our
households own two or more cars. 95 percent
own at least one television set, 45 percent
possess air conditioning, a third have freez-
ers and one In five has a dishwasher. Yet,
without adequate defense, all this wealth
could become Incidental,
We have a story In Texas about a rancher
who had almost taught his horse to eat saw-
dust Instead of expensive oats . . . when the
horse went and died.
Let me now turn to the belief that the gov-
ernment and the defense Industry are so
Inept that additional expenditures to assure
our military strength would merely be squan-
dered away In bureaucratic Inefficiency , , ,
a belief which, unfortunately, is not un-
commonly held. Clearly, there Is always room
for Improvement In the execution of the de-
fense program. Yet, there are reasons why
the defense Industry has had, and Is having,
such great difficulties, In even so basic a
matter as controlling cost. Aside from Its
probably unequalled position In the public's
eye, there Is the fact that the Industry tra-
ditionally has had to perform on the very
EXTENSIONS OF REMARKS
frontiers of technology — enduring all the
risks attendant thereto. In spite of all the
publicity given to the defense Industry In
recent years, few people realize that fully 52
percent of the aerospace Industry's sales next
year will come from products that did not
even exist In 1969. In the case of the space
program, it has been said that Its current
problems stem not from repeated failure, but
rather from brilliant success.
It Is particularly Important to rectify the
common misconception that the aerospace
industry Is soaking up In profits much of
what Is being devoted to our national de-
fense. A few statistics should suffice. Accord-
ing to the Federal Trade Commission report
for the first three quarters of last year, aero-
space net profits amounted to 1,9 percent of
sales, as compared with 4,2 percent for manu-
facturing Industries as a whole. Based on
equity capital, aerospace profits amount to
6,2 percent, as compared with 9.6 percent for
manufacturing as a whole. If profits are In-
deed as lucrative as one Is often led to be-
lieve, It Is particularly difficult to explain why
over half the aerospace firms in Forbes list-
ing for 1971 ended the year selling for less
than book value.
Again, one should not draw the conclusion
that there is no further room for improve-
ment. There is much room. For example, it
is particularly disquieting that the notion
has come into vogue that massive paperwork
systems can become adequate substitutes for
good managemer.t. There simply is no sub-
stitute for capable people in management.
The Blue Ribbon Defense Panel noted that
documentation requirements cost the De-
fense Department an estimated $4.4 billion
in 1969 alone. If this figure could even have
been halved, it would have been possible to
procure five squadrons of fighter aircraft. 20
battalions'Of tanks and two destroyers with
the funds saved that year alone.
The paperwork plague, incidentally, has
not been limited to defense matters. The
United Nations, for example, was recently
estimated to have spent at least one-seventh
of Its entire budget to generate documents.
Such important matters as how to determine
a tiger's sex from its paw print have been
recorded. Important — If you happen to be a
tiger! Things retiched such a point that a
31 -nation committee spent a year studying
how to reduce paperwork. It Is reassuring
to know that It.s 219 page report has now
been released.
The Defense Department also Is struggling
to reduce paperwork. One recent request for
proposals limited the offeror's response to
1,250 pages. Unfortunately, the government's
request for proposals filled 935 pages!
The last of the assertions about our na-
tion's military capability that I would like
to examine is that the defense Industry has
such Immense financial power that It Is able
to exert unhealthy pressures for the pro-
curement of unneeded weapons. Consider for
a moment the fact that the total market
value of the five largest aerospace firms all
added together Is about three-fourths that
of the Schering-Plough Company. The com-
bined figure for these aerospace companies
does, however, manage to match Schlum-
berger. Inc. But just barely. So much for
financial power,
SIDE EFFECTS
One of the more serious long-term conse-
quences of the decline of the defense Indus-
try has been its effect on student enrollment
In engineering and the natural sciences In
our colleges and universities. One must won-
der at the foresight of the individual who.
speaking in 1958. foresaw that ", , . in the
United States the number of engineers and
technologists graduated every year is not
more than 25.000 to 26.000, and these grad-
uates have no work to do owing to the eco-
697
nomic slump which prevails in America '
This speaker was not the president of some
American university . . . nor even the pres-^
Ident of the aerospace firm. II was none other
than Nlklta Khruschev.
The current economic plight of our na-
tion's engineers and scientists Is indeed seri-
ous and unfortunate. However, engineers and
scientists have no special right to pursue
their field any more than any other group
unless they can contribute usefully to so-
ciety. The underlying concern Is simply that
scientific knowledge has In the past formed
a major element in the foundation of our
country's ability to assure Its freedom and to
compete successfully In world markets. Al-
though it takes only months to dismantle a
nation's technical fibre, it takes many, many
years to build it anew.
In the case of the aerospace industry, em-
ployment of scientists and engineers has in-
deed declined precipitously — by over 81,000
from the peak ol 235,000 just five years ago.
Overall employment in the Industry has
dropped by about one-third of the 1,450,000
total labor force that e:<isted that same year.
The overall number of jobs created by de-
fense spending has likewise dropped by 2,-
486,000 In the corresponding time period. The
average jobless rate for professional and
technical workers last year, according to the
Department of Labor, was the highest since
unemployment statistics first began to be
collected In 1948.
As a result. It is not surprising that fresh-
man enrollment In U.S. englnerlng schools
declined 16.8 percent this year alone. Among
aeronautical engineering undergraduates, the
drop has been even more precipitous. This
trend, if unchecked, cannot help but portend
great difficulty in recovering world leadership
In the aerospace field ... a field wherein the
average engineer Is already 42 years of age.
A WORUJ WITHOtrr SCIENCE
The growing disaffection of many Ameri-
cans with military research and development,
as Is often reported In our nation's media,
has expanded In the minds of many to en-
compass all research and development. There
can be no question that modern technology
has immensely complicated the world In
which we live, producing the automobiles
which pollute our atmosphere and the ships
which pollute our seas. Nonetheless, I doubt
very much that there are many who, after a
few moments thought, would really wish to
return to a world without the benefits of
modern technology It Is worth considering
that perhaps one-third of the people In this
audience would not even be alive today were
It not for the advancements In medical sci-
ence, which together with Improvements in
the distribution of health care, have contrib-
uted to the striking Increase in life expect-
ancy achieved since the turn of the cen-
ttiry. In 1900, for example, an American en-
joyed an average lifespan of about 47 years.
Today the figure has surpassed 70 years and
Is still growing.
Without science we would have none ol the
luxuries of life which we have now come to
accept as essentials. There would be no air
conditioning, no stoves, and no electric lights.
No vaccines, radios or telephones. Tlie P^resl-
dent has reminded us that American science
in recent years has found a way of preventing
polio, placed men on the moon, and sent tele-
vision pictures across the ocean.
This same technology, which has taken
man to the frontiers of space, has also pro-
duced many down-to-earth benefits. A few
years ago, for example. Information from a
weather satellite provided warning of hurri-
cane Carla, triggering one of the largest mass
evacuations ever to teke place In the United
States. Over 350,000 people were moved from
the path of the storm — with a saving In lives
p)Ui
nated
ciid
kii
ret
ci( e.
o
ti
ra
P
ti
Pi
c
re
di
S'i
c
m
tke magnitude of which can only be conjec-
tired.
And just as weather satellites can provide
irnlng of Impending storms, so too can
her satellites provide warning of growing
utlon or of crop diseases. It has been estl-
that fire, insects and disease cause
lom 13 to 20 billion dollars of agricultural
d image each year in the United States alone,
warning and localization of these threats
uld be provided at a sufficiently early time
. prevent even 20 percent of this damage,
is in Itself would pay for the space program-
its entirety.
The under-estimation of the benefits of
(Jientific change, and the generation of an
tendant desire to resist It Is a well estab-
;hed human phenomena. Some rears ago,
1 en New York Governor Martin Van Buren
ote to President Andrew Jackson to warn
the ominous threat posed by one new tech-
)logy of his day: "The canal system of this
untry," he wrote, "is being threatened by a
ntw form of transportation known as rall-
rc ads. The Federal Government must pre-
~< rve the canals for the following reasons: If
< nal boats are supplanted by railroads,
t rious unemployment will result. Captains,
oks, drivers, hostlers, repairmen and lock
dnders will be left without means of livell-
h )od, not to mention the numerous farmers
)w employed In growing hay for horses. Boat
lilders would suffer and towline. ship and
►mess makers would be left destitute. Canal
b^SLts are absolutely essential to the defense
the United States."
We are indeed fortunate that this nation
not then, or at any time since then,
bscrlbe to such a policy of resisting scien-
tl^c change. One cannot forever defend his
untry using canal boats, anymore than he
c<n guarantee employment to lock tenders.
T le problem, then, is not one of preventing
c^ianije. but rather is one of adapting change
-er-.e man. And In the all-Important area
assuring out nation's defense, one can be
soluteiy certain that to stand still Is to
fajll backward.
IF PAST :S PROLOG
Thus, if that which Is past Is Indeed pro-
aie. we can ill-afford to repeat the errors
Neville Chamberlain's era. As former Sec-
ary of State Dean Rusk recently sug-
sted to the young people of our nation, one
not ^phance himself by criticizing the
r^ors of hk father — only to repeat the er-
of his grandfather.
We must avoid the fate of the Free World
the 1930's. which talked of peace In Its
ne, practiced appeasement and reaped
r. Such Is the legacy of those who would
ieve that peace is founded on aspirations
afcher than vigilance.
It Is respon.cible people, like this audience.
lo have got to carry the message to the
■ bile and make them understand the vital
atlonshlp of strength to security. Given
? facts 1 am confident the majority will
?vall and make themselves heard. It Is up
vou and me to see that they get the facts!
Let it be the legacy of the '70's that we did
t merely hope for peace, but that we back-
that hope with the strength — both of
c^abillty and will — to transform desire Into
ility. For then, and only then, may It some-
y be said that the ''ree World of the 70's
unned the appeasement of an earlier time,
ded the war of its time, and did In fact
est an enduring peace.
: ,rv«
THE NEED FOR JUSTICE IN
SOCIAL SECURITY
rtoN.
I. ROBERT PRICE
OF TEX.AS
IN THE HOUSE OF REPRESENTATIVES
Saturday, January 6, 1973
Mr. PRICE of Texas. Mr. Speaker, the
American people have come to accept
EXTENSIONS OF REMARKS
social security as an important factor
in their plans for providing for their re-
tirement years. These citizens, who work
hard and pay a lifetime of contributions
into the social security fund, rightfully
look forward to the day when they can
retire and begin to receive the fruits of
their labors. Sadly, all too many persons
approaching retirement find out that re-
tirement, instead of being a time of ful-
fillment, will actually mean deprivation,
since social security is not a retirement
or pension system in' that contributions
to this fund do not automatically build
equity. Under certain circumstances,
persons can pay some 40 years worth of
contributions to social security and yet
be able to leave nothing to their families.
Furthermore, a person can pay into
social security for a lifetime only to find
himself ineligible at the age of 65 to
collect one thin dime's worth of benefits
should he or she continue to work at a
salary of a certain amount. Not only that,
the same person who chooses to work
after age 65 must continue paying social
security tax on his or her earnings. I
find these facts tragic and shocking.
In an attempt to bring greater justice
to the social security law, I am today in-
troducing a bill to abolish the limitation
placed on the amount of outside income
an individual may earn in order to con-
tinue to receive his or her social security
benefits. It is my hope that the Congress
wiU act quickly to pass this legislation.
The time has come for the American
people to receive the benefits of their
hard work — no longer should a person
who at age 65 chooses to continue work-
ing be penalized for his initiative or ef-
forts, both past and present, by not being
able to collect that money which is right-
fully his.
Jammnj 9, 1973
THE LATE HON. JAMES J. ROSEN
HON. DOMINICK V. DANIELS
OP NEW JERSEY
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. DOMINICK V. DANIELS. Mr.
Speaker, it is with deep regret that I
announce the untimely passing of my
good friend and a good friend of every
citizen of New Jersey, the Honorable
James J. Rosen of the U.S. T^ird Circuit
Court of Appeals.
Judge Rosen embodied all the charac-
teristics of an exemplury judge. He un-
derstood that justic was a combination
of strict discipline mitigated by measured
reason and mercy.
He was a strong and early believer in
the rehabilitative process in the prison
system and worked hard during and prior
to his tenure on the bench for prison re-
form. He understood that men who had
run up against the law cannot merely be
hidden away behind barren walls with-
out returning to society as criminals.
Mr. Speaker, the Jersey Journal and
the Hudson Dispatch have both eulogized
Judge Rosen on their front pages and in
editorials. I include those articles in my
statement today, and they follow:
(Prom the Hudson Dispatch, Nov. 20, 1972]
Judge Rosen, 62, Succumbs, Was on
Cnicuir Bench
Judge James J. Rosen of the U,8, Third
Circuit Court of appeals, died Saturday of an
apparent heart attack at his home, 6600
Boulevard East, West New York. He was 62
years old.
Judge Rosen, who began his public career
as chairman of the Weehawken Republican
Party, was sworn In Nov. 1. 1971 as Judge
of the Third Circuit Court, one rung below
the United States Supreme;;^urt.
He was nominated for the post at the urg-
Ing of his longtime friend and fellow Repub-
lican, Sen. Clifford P. Case of New Jersey.
Tall, soft-spoken and traditionally gray, the
Jurist frequently exhibited a humanistic' ex-
pressed belief in spankings for errant younp-
sters and misgivings about reforming gur -
men.
AN ARMED ROBBER
And yet. as a Hudson County judge as-
signed to the criminal section, he once braved
an open meeting of the Weehawken PTA
while county law officials provided him with
an armed guard against an escaped convict
to whom Rosen had given 15 to 21 years in
the state prison.
He hadn't requested the guard against the
convicted armea robber but ofRcials even ex-
tended it around his home.
It was on this occasion that Rosen re-
marked that men who carried guns are the
lowest in the anna'.r, of crime and he felt no
hope of rehabilitation for gunmen.
On other occasions he would chide par-
ents for falling to spend time with their
children or resorting to child psychology
when an "old fashlonet*. spanking" would be
more anproprlate.
At the outset of his judicial career, which
began with an appointment to the Hudson
County Court by then Democratic Gov. Rob-
ert Meyner In 1959. Judge Rosen advocated
innovative reforms for prisons and court
sentencing of criminals.
He was in the post less than a year when
he was to announce that something should
be done about building detention and treat-
ment centers for drug addicts, alcoholics and
mental lncomp>etents.
He felt that some social rehabilitative ef-
forts should be done for persons "whose
problems and actions bring them into crim-
inal courcs but who probably (do not) bene-
fit from imprisonment."
FROM COtJNTT COITRT
He also considered the policy of allow-
ing one man to Impose a major sentence on
a convicted criminal as something Inferior to
the European practice of leaving the deci-
sion to a panel of judges.
He argued that the practice reduces the
number of court appeals and offers differ-
ing Insights and opinions while minimiz-
ing hj^nan error in Judgment.
From the county court Judge Rosen was
to move up Into the state's Superior Court.
Another Democratic governor, this time.
Gov. Richard Hughes, was to offer his name
In nomination to the state senate In August
of 1964. The senate confirmed the nomina-
tion.
REPLACES HASTIE
There he stayed until Nov. 1, 1971 when
he was sworn In as a Third Circuit Judge
by Judge Collins J. Seltz of the same court.
He replaced Judge William J. H. Hastle, who
retired.
As a Superior Court Judge, he once ruled
out Hoboken's mayoral election on June 25,
1965 when current Mayor Louis DePascale
had defeated Edward J. Borrone for the post.
DePascale ultimately won the Nov. 16 nm-
off election as ordained by Judge Rosen In
his decision. _
Judge Rosen was also credited with civic,
charitable and social contributions.
Following the successful Republican
election of 1949 when Charles Krause
Jamianj 9, 1973
was elected mayor, Judge Rosen was ap-
pointed Township attorney, a post he held
until his appointment to the county court.
Preceding and during that period, he had
served as president of the Hudson County
Bar Assn . Exalted Ruler of the Weehawken
Elks and state deputy attorney general In
charge of Investigating the waterfront.
Testimonials came from such organizations
as the Jewish Community Center of North
Hudson of which he was a past president;
Temple Beth-El In North Bergen dedicated
a Friday night service to him; and the
Palestine Hlstradrut Committee singled him
out.
BORN IN BROOKLYN
He once served as Red Cross Fund Drive
chairman and with the State Law Enforce-
ment Council he Investigated the banking
and insurance Industry in 1955.
He was affiliated with B'Nal B'rith. Israel
Bonds, United Jewish Appeal, North Hudson
Farband, Jewish Hospital of New Jersey,
Yeshiva of Hudson County and the North
Hudson Lawyer's Club.
Born in Brooklyn, he moved with his
family to Uhlon City In 1914. In 1929 he
moved to Weehawken. He was graduated from
Union Hill High School, Union City attended
New York University and graduated with
honors from New Jersey Law School, now
Rutgers Law School.
He began his law practice In 1931 and in
1939 was admitted to practice law before the
U.S. Supreme Court.
SURVIVORS LISTED
His first wife, Mrs, Pearl (nee Heyman),
died July 27. 1964.
Surviving are his wife, Charlotte, widow
of Dr. Moses Sandler of Fort Lee:
two daughters. Mrs. Jane Feder and Mrs.
Linda Human; a sister. Mrs. Sally Kaplan; a
brother, Daniel and four grandchildren.
Funeral services will be held at 1:30 p.m.
today from Temple Beth El, North Bergen.
Rabbi Sidney Nlssenbaum. his personal
friend of 30-years, will offer the eulogy.
Cantor Irving Obstbaum will chant the
memorial prayer. Interment will be In Beth
El Cemetery. Washington Township.
Gutterman-Musicant F^ineral Home. Hack-
ensack is handling arrangements.
(From the Hudson Dispatch, Nov. 20, 1972]
Hls Presence Will Be Missed
Unfortunately, there have not been too
many public figures from Hudson County
In recent years you cared to talk about In
mixed company outside the county. But no
one ever had to apologize for Judge James
Rosen, who passed away Saturday.
.'is a member of the U.S. Circuit Court.
Judee Rosen was the highest ranking jurist
from a county which has made many con-
tributions to the bench. But not too many
combined "Jim" 's rare qualities of love for
Justice and common sense.
In 41 years as an attorney, most of them
right here In Hudson Dispatch Building,
Judge Rosen was the highest ranking Jurist
prudence. As Weehawken township attorney,
he carried the community's fight against the
construction of the third tube of the Lincoln
Tunnel to the New Jersey Supreme Court
and won a "David and Goliath" upset which
forced the giant agency to make financial
concessions to the small township in return
for the land It was taking for the third tube.
It was the kind of case only a top attorney
could handle, and Judge Rosen proved to
be that man
Weehawken Is still enjoying many of the
fruits of that victory.
In 1959, he was nominated to the bench
by then Gov Robert B. Meyner, and brought
his grace and friendship to" the Judiciary. On
the New Jersey Superior Court, he was called
upon to settle cases of International Im-
portance. When the federal court vacancy
opened up In 1971, he was recommended by
EXTENSIONS OF REMARKS
Sen, Clifford Case to President Nixon for the
post.
Despite his rise to prominence, the late
Jurist never lost his community Interest.
Whatever his schedule, he made It a practice
to be at Weehawken Elks' annual newspaper
dinner to strongly defend the free press of
America.
"Jim" Rosen was a good friend to Hudson
County, its lawyers, newsmen, political lead-
ers and civic activists. His kind don't pass
our way often enough.
(From the Jersey Journal, Nov. 20. 1972]
Judge Rosen Funeral Rites Slated Today
Expressions of shock and sorrow came from
all parts of the state today at the death of
Judge James A. Rosen, who rose to the U.S.
Third District Court of Appeals from meager
beginnings in Brooklyn.
Judge Rosen. 63, who was appointed to the
nation's second highest court last November,
died of a heart attack at his home, 6600
Boulevard East, West New York, on Saturday.
West New York police reported that at
about 11:20 a.m. Saturday, they received a
call to dispatch an ambulance crew to the
home of the stricken Judge. By the time they
arrived, however, Dr. Milton Blum and several
other physicians who live In the building had
pronounced him dead.
Before being elevated to the Court of
Appeals, Judge Rosen had been a state Su-
perior Cotirt judge. He was selected for the
latest promotion by President Nixon, and
sponsored in that nomination by Sen. Clifford
P. Case.
Judge Rosen attended Union Hill High
School and New York University before grad-
uating Rutgers University Law School and
being admitted to the bar in 1932,
He served as township attorney for Wee-
hawken. his former home, and became deputy
state attorney general 1952, In which post he
was well-known for his handling of water-
front probes.
He was named county court Judge by Gov,
Robert B. Meyner in 1959. and five years
later. Gov. Richard Hughes appointed him to
the Superior Court.
Judge Rosen was noted for his common
sense approach to law. Many of the leaders
who paid tribute to the Jurist cited the ease
with which reporters, defendants, and other
laymen could understand the rulings he
handed down.
Long before ecology became a popular
cause. Judge Rosen, as Weehawken township
attorney, took on the powerful New York
Central Railroad in a case centering on smoke
pollution from coal-burning locomotives and
forced the corporate giant to switch to dlesel
ent'ines in the Weehawken yards.
Judge Rosen's career as township attorney
was remembered also for his successful fight
to secure local gains from the Port of New
York Authority's construction of a third tube
to the Lincoln Timnel, a victory which ob-
servers say netted the community more than
$1 million worth of added projects.
On the Superior Court, Judge Rosen han-
dled much of the litigation which resulted
m the order to Hudson municipalities to
re-assess all properties. Industrial and resi-
dential, at an equal 100 per cent ratio.
Many In the crowd of mourners also re-
called his decision which abolished as un-
constitutional the Hudson County Boulevard
Commission, which had existed for more
than 60 years.
"He was an outstanding Jurist," said re-
tired state Superior Court Judge Peter Ar-
taserse. "and his passing is a loss to both the
New Jersey and the U.S. judiciary."
Harold Rnvoldt Sr., former president of the
Hudson County Bar Association, over which
Judge Rosen also had presided, echoed Judge
Artaserse's comments: "Judge Rosen will be
remembered ... as a jurist who gave the law
the breadth and understanding of the true
values of life: kindness and understanding.
699
"It was Judge Rosen's dedication that In-
spired the Hudson County Bar Foundation's
building of Its law library and home. That
building was the achievement of his lifetime,
the fulfillment of his dream," Ruvoldt added.
Charles F. Krause 3d, president of the North
Hudson Lawyers' Club, called Judge Rosen
"a lawyer's lawyer, and after he ascended to
the bench, a judge's Judge.''
Krause's father, Charles F. Krause Jr., who
served as mayor while Mr. Rosen was town
attorney, was out of town, but his wife told
newsmen the elder Krause would be "shocked
and dismayed" to learn of Judge Rosen's
death.
Meanwhile, Mayor Stanley lacono, the
town's present mayor, said, "Weehawken Is
proud and honored that Judge Rosen had his
beginnings here — we feel It would only have
been a matter of time before he reached the
Supreme Court."
Rabbi Sidney Nlssenbaum, who presided at
the wedding of Judge Rosen to the former
Mrs. Moses Sandler in 1966, caught his breath
and told a reporter he felt a deep personal
loss as well as a loss to the Jewish and civic
community at the Judge's demise. "He was a
man for all seasons — he really was," the rabbi
said.
Rabbi Nlssenbaum will preside at the serv-
ices for Judge Rosen, which are set for Tem-
ple Beth-El, 75th Street and Hudson Avenue.
at 1:30 p.m. today.
After the service at Temple Beth-El, Judge
Rosen's body was to be Interred In Beth-El
Cemetery In Paramus.
Judge Rosen alsa Is survived by Mrs. Jane
Feder and Mrs. Linda Hyman. his two daugh-
ters by his first wife. Pearl, who died in June.
1964; a brother, Daniel: a sister. Mrs. Sally
Kaplan; and four grandchildren.
[From the Jersey Journal. Nov. 20. 1972)
Judge Rosen
James Rosen was the kind of a man who
could rise from the Weehawken Township
attorney's office, through the county and
state courts, to the second highest ranking
couri our nation has — and still seem as
though he had never left the neighborhood
He will be remembered as a most able judge
by the lawyers who appeared before him
and as a fine legal scholar by his associates
on the appellate bench.
Away from the courts he had a quiet, pol-
ished charm and a people empathy that
might have made him a most successful
candidate for office had that been his bent.
It is significant that his Judicial appoint-
ments came from both political parties.
Two of his legal exploits while Weehawken
Township counsel demonstrated how hard he
worked for people. He saved about a million
dollars for the township taxpayers by his ne-
gotiations with the Port Authority when the
third Lincoln Tunnel was built And. at a
time when "ecology" was a word best knowTa
to dictionary readers he fought the then
mighty New" York Central Railroad on air
pollution and forced It to replace smoky
steam engines with cleaner diesels in Its
Weehawken yards.
Each of his advances was greeted with a
universal cheer; all of Hudson shared pride
In him. That Is the measure of Hudson's loss.
POLICE SLAYINGS AND FEDERAL
LEGISLATION
HON. JOHN B. ANDERSON
OF ILLINOIS
IN THE HOUSE OP REPRESENTATIVES
Tuesday, January 9, 1973
Mr. ANDERSON of Illinois. Mr.
Speaker, today six persons, including
three policemen. He dead and 15 others lie
wounded in New Orleans In the after-
700
1 iiath of the tragic shootout at the How-
urd Johnson Motor Lodge. And there is
J ome evidence to indicate that the inci-
ilent was deliberately contrived to lure
l>olicemen and firemen into the area to
1 :ill them. Whether this is the work of one
( »r iwo deranged Individuals or part of a
;iationwide conspiracy to kill police, the
act remains that there has been a tragic
i piral in police slayings in the last few
years. In the decade from 1961 to 1971,
59 law enforcement ofBcers were killed
( n duty, and in 1971 alone, 126 were mur-
dered— a 46-percent increase over 1969
nhen 86 were slain. The time has clearly
( ome to reverse and halt this spiral, and
because these senseless acts of violence
have reached national proportions, I
hink Federal legislation is required.
I am. therefore, today reintroducing
two bills which I introduced in the last
Congress, one to make the kilUng of a
jiohceman or fireman in the line of duty
i. Federal offense, and another to provide
;, $50,000 Federal payment to the sur-
vivors of policemen, firemen, and correc-
t ions officers killed or totally disabled in
Ijhe performance of duty.
I was disappointed when, in the last
(tongress, we failed to complete action on
s imilar legislation in the final days of the
s ession. But it is my hope that the tragic
happenings in New Orleans this week will
i Tipress upon us the urgency and impor-
t ance of enacting this legislation early in
t [lis session.
IIVELYN WADSWORTH SYMINGTON
HON. RICHARD ROLLING
OF MISSOURI
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. BOLLING. Mr. Speaker, there
AjIIows a very pleasant essay on one of
Missouri's and our Nation's loveliest and
riost charmin? ladies. It was written by
^ udy Flander and appeared in the Wash-
ipgton Star-News on January 8, 1973.
The eAsay follows:
Where the Thread Leads
(By Judy Flander)
'tThe thread of life Is flUlng with the hours
Each one a slipping, multicolored bead.
Who knows what lies beyond the clasping.
Or where the slender, shining threat will
lead?
We only know we strive to make them per-
fect.
Each symmetric, full and gay.
Well knowing that beyond the radiant cen-
ter
The other half will dwindle fast away."
— E%elyn Wadsworth Symington
On the day before Christmas, while she
%*as attending the Redskins-Green Bay Pack-
ers playoff game with good friends. Evle
Symington's shining thread of life received
! s last few gay beads. Minutes after she re-
t .irned home to the Wadsworth house on N
Street, she was stricken with an aneurysm
cf the aorta from which she died less than
an hour later at Georgetown University Hos-
p Ital. The life she looked ahead to. In a poem
stie wrote 51 years ago when she wae 18, was
o^er.
That was the way she had wanted It to
*d. Driving to RFK Stadium that day with
her husband. Sen. Stuart Symington, D-Mo.,
end Sen. Howard Cannon. D-Nev., and his
EXTENSIONS OF REMARKS
wife, Dorothy, she commented sympatheti-
cally on the plight of former President Harry
Truman who, at that moment, was dying
, slowly In a Missouri hospital. "You know,
Dorothy," she said. "When my time comes,
I want to go fast. I have no desire to linger
on."
Mrs. Cannon does not believe that Evle
Symington had a premonition of Imminent
death. She and her husband later assured
Sen. Symington they'd noticed no signs of
Illness or discomfort in his wife. "We were all
feeling so fresh and nice and happy that
day." said Mrs. Cannon. "It truly was one of
the most delightful days I've ever spent."
Essentially. Evle Symington was classifiable
as a "homemaker," or any of the other
euphemisms used to describe the woman who
stays home and tends her family. Hers was
a family of notable men: she was the grand-
daughter of a Secretary of State, the daughter
of a Senator and Representative, the wife of
a Senator and the mother of a Congressman.
Many women, particularly of Evle's gen-
eration, assure their role as keeper of the
hearth by default. They take for granted
that they have no other destiny. Mrs. Sym-
ington had to make a choice.
A rising star as a supper club singer in
New York's best hotels In the mld-1930s, she
was earning $1,700 a week, was deluged with
Hollywood offers and had passed a Para-
mount screen test. She was planning to go
to California to make a movie in 1938, when
her husband, then a drlvingly successful
New York businessman, received an off^ to
become president of. and rejuvenate, the
Emerson Electric Manufacturing Co. In St
Louis, Mo.
Soon after these developments, Stuart
Symington received a call from Evle's agent.
Sonny Werblln (later owner of the New York
Jets) who wanted to know, "What's going
on? She's cancelled everything."
That evening, Evle told her husband, "I'm
either going to be a singer or I'm going ,o be
a wife and mother. I've decided to be a wife
and mother."
A young woman who later became known
as "the Incomparable Hlldegarde" took over
the singing contract. If Evle ever had any
jregrets about giving up fame and fortune.
-She never told anyone. Her husband, her sons,
her friends never heard her mention her
career again.
Younger son, Jimmy (Rep. James Wads-
worth Symington, D-Mo.) says, "I don't know
what women's lib would have to say about it,
all I know is she did what her heart prompted
her to do. Dad's needs for her had always
been tremendous — as a listener, a helper, a
counselor and a refuge."
Jimmy adds that Evle knew what kind of
a man she had married. He had entered the
Army In World War I as a private and come
out as a second lieutenant — the year he was
17. He'd alread • made a considerable fortune
when he took over the Emerson Co. In 1945.
President Truman offered him the chairman,
ship of the Surplus Property Board. Over the
years Stuart Symington rose from one pres-
tigious position to another. He served suc-
cessively as Assistant Secretary of War for
Air. Secretary of the Air Force, chairman of
the National Securities Board, and adminis-
trator of the Reconstruction Finance Com-
pany.
He was first elected to the Senate In 1952
and was a serious contender for the Presi-
dency In 1956 and 1960.
"In a way, Washington was Evle's town."
said Sen. Symington the other day, recalling
how he had met her at a dance in 1920 at
what Is now the Sheraton-Park Hotel. In
1915. when she was 12. Evle's father, James
W. Wadsworth, was elected Republican Sen-
ator from New York. The family moved to
the Hay house, across Lafayette Park from
the White House where the Hay -Adams
Hotel now stands.
The house was built by Evle's grandfather.
John Hay. who served In turn as special
January 9, 1973
assistant to President Abraham Lincoln
Ambassador to England and Secretary of
State under Presidents William McKinley
and Theodore Roosevelt.
President and Mrs. Calvin Coolldge were
among the guests when Evle married Stuart
Symington on March 1, 1924. This was at St
John's Church, across the street from the
Hay house.
Symington's ushers had given him a silver
bowl engraved with their names. On the
morning of Evle's death, as she and her
husband sat In the library of their home
with the Cannons prior to leaving for the
Redskins game. Sen. Cannon noticed the
bowl and asked about its significance. This
brought forth a flood of wedding reminis-
cences. Eve laughed about the problem
"those great big ushers had going down
those narrow church aisles." And the Sena-
tor observed with satisfaction, "In 14
months, we'll celebrate our 50th wedding
anniversary."
Sen. Symington Is a man of sentiment. In
1969, an Illness necessitated two operations
for Evle and the Senator asked her at that
time to write out four lines of poetry she'd
written for him before they were married.
(She wrote poetry all her life, though many
close friends never knew it.) Sen. Symington
has the poem still, on a small piece of sta-
tionary with a cheerful red apple at the top.
It has been folded and refolded so many
times that it has come apart at the creases:
"Oh, will the heart be rover?
Life, sad surprise?
Turn your sweet head, discover
My steady eyes."
He had brought her to Rochester, N.T.,
where he worked first in his uncle's busi-
ness as an Iron moulder, and where their
sons were born; Stuart Jr., who is now a St.
Louis attorney, in 1925. and Jimmy, In 1927.
The Senator remembers how in those days
Evle used to sing at charity functions aiid
with her family. Evle's father was a tenor:
her mother, a soprano: her brother James
J. Wadsworth (who In 1960 and 1961 was
U.S. Representative to the United Nations),
was a bass. Evle was a contralto.
One evening In 1934. a few years after
the Symingtons had moved to New York
City, the Senator recalls, "We were at a bene-
fit at a ritzy place called the Place Pigalle
where there were a lot of professional sing-
ers and somebody said, 'Let's have a song
from Evle." She sang 'The Very Thought
of You' which became her theme song —
and brought down the house. She could sing.
Golly, she could sing. She had a voice that
could break your heart."
Two weeks later, the owner of the Place
Pigalle called Evle and asked If she'd like
to work there as a professional singer. It
was fine with her husband, taut he sug-
gested she'd better ask her father.
"Is the place East or West of Broadway?",
Wadsworth wanted lo know. (West of Broad-
way was "what you'd call the wrong side of
the tracks." Sen. Symington explained later.)
"It's two doors West." said Evle.
"Well, then I guefs it's okay." said Wads-
worth, who evidently didn't think a matter
of 24 feet would tarnish the family reputa-
tion.
Sen. Symington remembers the night his
wife, as Eve Symington, society singer.
opened at the Place Pigalle: "A close rela-
tive turned to a friend and said. 'Let's clap
like the dickens and then get out of here.
The best amateur Isn't as good as the worst
professional' Evle sang 'The Very Thought
of You' and halfway through, the man burst
Into tears."
Another time, the Senator brought along
his friend, boxer Gene Tunney. The two men
sat at the bar. According to the Senator.
"Gene suddenly noticed that the bartender
was Jack Renault, the French fighter he'd
beaten In 1923. They went over the fight
blow by blow. Then Gene said, 'By the way,
Januarij 9, 1973
ray friend's wife sings here and you Just
watch out for her'."
"Are you Eve Symington's husband?"
asked Renault. I said. yes. and he said,
seriously, 'Anybody displeases that lady, we
kill him.' "
During the next four years Eve Symington
also sang at the St. Regis Hotel, the Sert
Hoom of the Waldorf and the Persian Room
uf the Plaza, accompanied by such orches-
tras of the '30s as those of Leo Relsmau and
Emile Coleman.
Mrs. John Sherman Cooper, the wife of
the former Republlcian Senator from Ken-
tucky, remembers: "The room would be per-
fectly dark and then out Evle would come
like a waft of fresh air. a spotlight on her.
her blonde hair glowing. She had a lovely
laughing face. She had magic. It's the thing
that held you. She had an intimate, caressing
quality as if she was singing only to you."
Mrs. Cooper was an acquaintance and fan
of Evle In those days. "When I began to know
her as a friend." Mrs. Cooper says, "she be-
came my heroine. As a Senate wife, she was
the way we all wanted to be."
When the Symingtons first came to Wash-
i:igton in 1945, they had an apartment at
the Shoreham Hotel. But In 1952, just be-
fore Symington was elected to the Senate.
Evle's father died, and the couple moved in
with her mother on N Street where they
lived ever since. (Evle's mother, who re-
married, died In 1960.)
It is a five-story house filled with antiques
and paintings by Botticelli and Sir Joshua
Reynolds and some of the things Evle col-
lected such as figures of lions and Battersea
boxes. Portraits of ancestors hang on all the
walls, and John Hay presides over the formal
dining room downstairs.
Carrie Williams, v.-ho has been doing
housework for the Symingtons for five days
a week for 16 years — -"and I only missed two
days in that time" — last saw Evle on Satur-
day. It was like every other morning. "I'd
come in and she would have her bedroom
door open and I would put her paper inside
and ask her what she wanted for breakfast.
After breakfast, we would have our little
chat."
What about? Oh. the weather mostly. And
we laughed a lot. That last day I said to her
in fun. "Are you going to fire me?" And she
said. "No, I'm not going to fire you, I want
you to work for me as long as I live."
"She was the sweetest lady I ever met in
the world."
Georgia Winters also did housework and
some cooking for Evle for many years and
she says, "She was so nice and so gentle. She
liked to come into the kitchen and we'd do
things together. She wanted to fix everything
the way the Senator liked it."
On Thursday. Evie patted Mrs. Winters on
the shoulder and said. "Just do your work
little by little, don't get too tired." Then she
added. "I'll count on you for next week."
Mrs. Winters heard about Evle's death on
the 11 o'clock news Christmas Eve. "I
couldn't sleep. It took so much out of me,
the same as my mother's death."
Saturday night, the night before Evie died,
Jimmy and Sylvia came to dinner. Jimmy
says. "We'd only go over about once a month
so it was great we got to see her the night
before. In every gesture she seemed to be
expressing the fulfillment of her life. She was
about to go to St. Louis to see young Stuart
and Janey and their children. Our son
Jeremy was here and our datighter. Julie,
wac about to arrive from Paris and she knew
she'd see them all.
"I remember when we arrived at the house.
You know, she'd always give me a hug and
this time she gave me a particularly warm
hug. I noted it at the time."
Jimmy is silent for a few moments. Then
he continues: "That night she wore a good
dress when she went downstairs to cook
our dinner. And I remember that Dad com-
mented the day after she died how strange
EXTENSIONS OF REMARKS
this was; normally she wore an old dress,
then changed for dinner."
Evie was a good cook. That night she
served "baked chicken In cream sauce with
halves of black olives looking like little truf-
fies and a marvelous sort of mixed salad,"
Sylvia recalls.
Next morning, it being Sunday, Evie got
up early and fixed the Senator breakfast.
Then she packed a football lunch of bouillon,
and ham and cheese and chicken sandwiches
for the two of them and the Cannons. (The
Symingtons had four seats In their box at
RFK Stadium and always took friends to the
Redskins games.)
The two couples had been planning the
outing for a month, ever since they had been
together for a trip to the Iron Curtain coun-
tries after the North Atlantic Assembly in
Bonn. "We decided right then. If the Red-
skins got into a playoff, we'd all go to the
game together," says Sen. Cannon.
Mrs. Cannon also remembers, "I've lived
that last day we spent with her In retrospect
dozens of times." she says. "Evle was in such
a lovely mood."
Sitting next to Evie at the game was Mario
F. Escudero. He and his wife had adjoin-
ing seats with the Symingtons for 10 years.
Escudero, an attorney with Morgan, Lewis
and Bockius of Was'nington, says Evle was "a
very devout Redskins fan. She knew every-
thing about football. That day, I lit two
cigarettes for her which isn't much for a
three-hour game. She cheered a lot.
"They left about 3:03, there were about
three minutes to go and we were winning
16 to 3. The Senator said to me, 'Esky. we've
got it won. we're leaving.' Twenty minutes
later she had the attack."
Just before the game started, Dorothy
Cannon remembers that Evle lost her gloves.
It was a common occurrence for her and the
Senator teased her about it. He gave her one
of his gloves so they each wore one glove and
kept the other hand in a pocket.
On the way home, Evie turned to her hus-
band who was driving and said, "I did so ap-
preciate your lending me your glove." He
said, "I hope you didn't lose It." "No, I
didn't" she said, handing it back to him.
"Thank you. darlin." said Stuart Symington.
"I Just happened to look at her when he
said that." Mrs. Cannon says. "She had that
special twinkle In her eyes. Later I told
the Senator, 'If you could only have seen
her face at Just that moment.' She was
happy all the way home."
When they arrived at the N St. house, Evle
asked the Cannons in. "But we said no
because we knew they were getting ready to
leave on the 5:10 plane for St. Louis; their
bags were packed and waiting in the hall,"
says Mrs. Cannon.
As Sen. Cannon started up his car across
the street, Evie, at her open door, turned
and waved goodbye.
Inside, Sen. Symington had started up-
stairs to see about their plane tickets when
he heard Evle cry out. Sylvia tells the story
as she heard it from him. "She had a sudden
sharp pain in her back, but she said she
didn't think It was her heart. Almost Imme-
diately, she became unconscious and my
father-in-law called the ambulance and then
he called us."
The sirens brought the neighbors to their
doors, Mrs. Herman Wouk, wife of the author
on one side, and Mrs. McCook Knox, who
had been living on the other side since the
Wadsworths' time. Mrs. Knox saw the ambu-'
l.ince pull up and watched as Evle was
carried "ch. so carefully on a cot down the
little curve of her stairway. I saw her face.
She was in no pain. She looked very beau-
tiful.
"Even though she's been gone since Christ-
mas Eve, I always think I'll see her walking
down those steps again."
Most people learned of Evle's death when
they glanced quickly at the paper, as most
people do on Christmas day. The next few
701
days, for most, were filled with holiday ac-
tivity, but the letters, telegrams and personal
messages poured In to the house on N Street
in a fiood that has not crested yet.
One Washlngtonlan said he rarely has
written letters of condolence In the past, but
on this occasion somehow found himself
Impelled to write both the Senator and
Jimmy. He had never met Mrs. Symington.
He told the Senator that as a boy in boarding
school, he and his dormitory mates had been
smitten to their adolescent souls by one of
Evle's songs. It taught them, he said, what
a real woman was supposed to sound like.
"I can't remember the name of the song." he
wrote, "but If I heard It again today I would
know In an instant."
There were several songs he might have
had in mind: "My Romance", possibly, or
"Hands Across The Table", or "Just Oiie of
Those Things." It could well have been "The
Very Thought of You." But one of Eve
Symington's numbers, pretty much forgotten
since she popularized it In 1934, was called
•Be Still My Heart." The last four lines
went :
"Be still my heart.
Even though our love has
gone away
He'll be coming back to us
someday —
Be still my heart."
The Senator has not expressed an opinion
on this, but Jimmy Symington thinks It
not unlikely that "Be Still My Heart" was
the song In question.
THE SOVIET EDUCATION TAX
HON. JOHN B. ANDERSON
OF ILLINOIS
IN THE HOUSE OF REPRESENTAITVES
Tuesday, January 9, 1973
Mr. ANDERSON of Illinois. Mr. Speak-
er, I am today introducing a sense of
Congress resolution relating to the re-
strictive emigration policies of the Soviet
Union. Specifically, my resolution calls
upon the President to "take immediate
and determined steps to persuade the
Soviet government to permit its citizens
the right to emigrate to the countries of
their choice without the imposition of
more than a nominal emigration fee" by
utilizing formal and informal contacts
with Soviet oflScials, by raising in the
U.N. General Assembly the Soviet Un-
ion's transgression of the right to emi-
grate as affirmed by the Declaration of
Human Rights, and by focusing world
attention on the Soviet Government's re-
strictive emigi-ation policies and exces-
sive fees. The resolution further aflBrms
the right of the Congress to withhold
final action on any legislation which
would extend special trade benefits to
any nation which denies its citizens the
right to emigrate.
Mr. Speaker, last August the Soviet
Union imposed a harsh new "education
tax" on its emigrating citizens, ranging
from $4,000 to $25,000, depending on
their level of educational attainment.
This was correctly interpreted as being
aimed at Soviet Jews since they do com-
prise the largest number of emigrants as
well as being a highly educated class of
citizens. This is but one more Instance
of the Soviet Union's persecution of reli-
gious minorities, and these abuses of hu-
man and minority group rights con-
he
e
T,
O
Hi
S)'
V
H3
Sir:
02
inue to be a real sore point between the
United States and U.S.S.R. at a time
i.hen we are attempting to improve
lelations.
At this point in the Record, Mr. Speak-
( r, I include the full text of my resolu-
tion and a copy of an article I wrote for
i. Jewish publication in my district last
month on this subject:
H. Con. Res. 45
Whereas the Government of the Soviet
Tinlon has denied or restricted the rights
t f its cltliens to emigrate to the countries
c f their choice. In clear contravention of the
I nlted Nations Declaration of Human Rights,
and has imposed an exorbitant 'education
t ix" CHI those citizens wishing to emigrate:
:|ow. therefore, be it
Resolved by the House of Representatives
(the Senate concurring) , That It Is the sense
cf the Congress that the President of the
nlted States of America should take Imme-
c|iate and determined steps to persuade the
Dvie: Government to permit its citizens the
r eht tb emigrate to the countries of their
cnolce Without the imposition of more than
a nomii!'ai emigration fee, such steps to In-
cjiide. bf.t not limited to —
( 1 ) utilizing formal and Informal contacts
ith Soviet officials in an effort to secure an
e(;d to discriminatory emigration policies;
i2» calling upon the State Department to
use in the General Assembl? of the tJnited
Nations the issue of the Soviet Union's trans-
gression of the right to emigrate as affirmed
by Article 13 of the tTnlted Nations Declara-
or. of Human Rights: and
(3) focusing world attention on the Soviet
(government's restrictive emigration policies
id excessive emigration fees; and be It
rther
Resolied. That the Congress reserves the
r ght to withhold final action on any leglsla-
t on which extends special trade concessions,
c edits or other benefits to any nation which
d ;nies or restricts the rights of its citizens to
e nlgrate to the countries of their choice, or
T^hlch Imposes more than a nominal emigra-
tion fee.
Congress and the Plight of Soviet Jews
(By Congressman John B. Anderson)
The plight of Soviet Jewry has long b^en
matter of grave concern to Members of
Congress who are committed to the unl-
;rsal preservation and extension of human
ghts. In the first 16 months of the 92nd
Congress, for Instance, 162 Members of the
' ouse Introduced 48 bills and resolutions
ncernlng the status of Soviet Jews and
elr right of emigration. I felt especially
h snored, therefore, when the House Foreign
A tTalrs Committee chose to report out a res-,
utlon coauthored bv Congressman Tbomrte
O'NeUl, Jr. (D-Mass.), and myself, and
c( sponsored by over 100 House Members. Our
resolution urged the President to call upon
e Soviet Government to permit the free
:erclse of religion In the Soviet Union and
B right to emigrate, and to raise the Issue
Soviet transgression of the Declaration of
iman Rights, particularly with regards to
ivlet Jews and other minorities, in the
N. General Assembly. The measure over-
whelmingly passed the House by a vote of
3^0-2 on April 17, 1972.
In testifying for our resolution before the
use Foreign Affairs Subcommittee on Eu-
-- on November 10. 1971. I related the ex-
of minority group persecution in the
Union, particularly that directed
against Its Jewish population. Official re-
•Ictlons against Jewish religious and cul-
llfe have been amply catalogued In
years: these Include Inadequate re-
faclUtles. the prohibition against
bllcatlon of religious materials, pressures
a( alnst synagogue attendance, and the re-
ft sal to .allow rabbinical training.
t'lel
re pe
ttnt
& >viet
i\ ral
re cent
111 ;lous
t
EXTENSIONS OF REMARKS
I concluded that it was little wonder that
thousands of Soviet Jews had requested per-
mission to emigrate in order to maintain
their religious and cultural identities. And
yet here too they are confronted with re-
strictive and discriminatory policies; the So-
viet record to date on emigration has been
abysmal and token — In clear contravention
of Article XIII of the Universal Declaration
of Human Rights which affirms the right to
emigrate. Those who even apply for emigra-
tion risk losing their jobs or even Imprison-
ment.
The first small crack in the Soviet emigra-
tion wall came In March of 1971. Apparently
responding to world pre.ssure. the Soviets be-
gan to loosen up on their restrictive emlgra-
gratlon policy. 'Whereas in 1970 only 1,000
Soviet Jews were permitted to leave the
country, in 1971 nearly 15,000 were allowed
to leave, and. in the first eight months of
1972, 20.000 Jews were permitted to emigrate;
and, by the end of this year, that figure is
expected to reach 30.000. But. on August 15,
1972, the Soviet government imposed a harsh
ne-vv "diploma tax" on emigration. In addi-
tion to paying the normal 900 ruble ($1,100*
visa fee, emigrants were required to pp.y an
additional levy of between S4,000 and $25,-
000, depending on their level of education.
The official explanation for the new "diploma
tax ' is that It is designed to "reimburse"
the State for the education costs of those
wishing to emigrate, even though the amount
of the levy bears little relation to actual
costs.
The public outcry against this harsh aew
tax was immediate, spontaneous and uni-
versal, and the U.S. Congress was no excep-
Uon. On September 27. 1972. Senator Henry
Xl. Jackson (D-Wash.) announced on the
floor of the Senate that he Intended to
Introduce an amendment to the East-West
Trade Relations Act which would deny the
"most-favored-natlon treatment" to any
country which forbids its citizens the right
to emigrate to the country of their choice or
which imposes a more than nominal levy, on
emigration.
A week later, on October 4th, Senator
Jackson Introduced that amendment along
with 73 cosponsors, or three-fourths of the
Senate membership. An Identical amendment
was Introduced In the House of Representa-
tives on the same day by Representative
Charles A. 'Vanik (D-Ohlo) with 134 cospon-
sors. Congressman Vnnlk had already suc-
ceeded on September 21st In getting the
House to pass by a voice vote a similar
amendment to the Foreign Assistance Ap-
propriation bill — an amendment which
would prohibit the use of those funds to
provide loans, credit or other assistance to
any nation that imposes exit fees In excess
of $50 on Its citizens. But the amendment
was viewed as a s>-mbollc moral outcrv since
there was no monev for the Soviet Union In
the bill.
That same bill earmarked not less than
$350 million In aid and military credit sales
for Israel and another $50 million to assist
Israel In resettling Soviet Jewish emigrants.
But both the foreign aid authorization and
appropriation bills died In the 92nd Con-
gress because the House and Senate could
not reconcile their differences, and these pro-
grams are now operating on a continuing
resolution until the new Congress can re-
consider the measures.
The new Congress will also be considering
the advisability of attaching the Jackson-
Vanlk amendment to the East-West Trade
Relations Act — a measure which, In efl'ect.
ratifies the U.S. -Soviet trade agreement
signed In October. So, If the Soviets do not
rescind their "diploma tax" bv the time the
Trade Relations Act Is taken up in the Con-
gress, and. If the Jackson-Vanlk amendment
is adopted. It could mean a delay In the Im-
plementation of the agreement lintU there is
an emigration policy change, or a complete
breakdown In the agreement.
January 9, 1973
There is some evidence that the Soviets
may already be responding to the impressive
show of Congressional support for the Jack-
son-Vanlk amendment. During the last week
in October the Soviet government Informed
190 Jewish families that they could leave the
country without having to pay the "diploma
tax." The waivers were seen as an attempt
to mollify Congressional opposition to the
Trade Relations Act. and, a Soviet police offi-
cial was quoted as saying they did not rep-
resent a basic change in Soviet policy. At the
same time, reports coming out of the Soviet
Union Indicate that harassment of Jews bv
police and hooligans is on the increase. News-
week quoted one Jewish citizen as saying
"Everything here in Moscow is worse than
ever. The police constantly harass us so that
those of us who have lost our jobs for want-
ing to emigrate cannot even starve In peace."
One thing is certain: Congressional sup-
porters of the Jackson-Vanlk amendment will
not be Impressed or persuaded by token waiv-
ers of the "diploma tax. " ai.d the amendment
will still be a central focus of attention dur-
ing hearings and debate on the Trade Rela-
tions Act in the 93rd Congress. The Admin-
istration has already expressed its opposition
to the Jackson-Vanlk approach. In late Sep-
tember, President Nixon told Jewish sup-
porters In New York that the problem of
the emigration tax will not be solved by
"entering Into harsh confrontation"— that
this approach would be "counterproductive"
and that he preferred instead the "quiet
diplomacy" approach to Moscow.
Expanding on this theme, the Los Angeles
Times editorialized: "There is no evidence to
indicate that the Soviet leadership, in a con-
frontation over the trade agreement, would
yield on an issue of this sort. ... It is the
growing mutual confidence between the two
nations, not threats, that Is most likely to
make persuasive the American protest against
the degrading treatment of Jews In the
Soviet Union."
And the New York Times made a similar
point in its editorial on the subject: "While
neither the necessity for peace nor the desire
for trade makes any less abhorrent to most
Americans various aspects of the Soviet sys-
tem— specifically this new form of legalized
blackmail against Russian Jews — we do not
believe It Is productive to try to enforce po-
litical changes in the Soviet (or any other)
system through the unilateral use of eco-
nomic pressure. The results are likely to be
the opposite of those Intended."
These comments raise the very tough and
real question as to whether the Jackson-
Vanlk amendment is the answer. Of the 73
Senate cosponsors, 27 are also cosponsors of
the East-West Trade Relations Act, and many
of them have expressed the sincere hope that
the Soviets would rescind the "diploma tax"
before a confrontation becomes necessary.
There is an awareness In the Congress t^at
more is at stake here than just the t^de
agreement, as Important as that Is. What is
Involved here is the whole climate of rap-
prochement that has been achieved over the
last four years between the U.S. and the
Soviet Union. Should this climate be thrown
Into Jeopardy over a single issue, as impor-
tant as It Is, especially when there may be
less opportunity for resolving the problem in
a more hostile climate? The whole theme of
the Nixon Administration's "strategy for
peace " has been to move from an era of
confrontation to an era of negotiation.
Should the Congress precipitate a direct con-
frontation which could not only imperU fu-
ture negotiations but endanger the structure
of peace which has been built to date?
It Is my sincere hope that we can avoid
such a direct confrontation, with aU the risks
Involved, by persuading the Soviets to permit
free emigration without excessive fees before
this legislation Is taken up In the Congress.
This will require a concerted diplomatic ef-
fort by the Administration utilizing formal
Jamiary 9, 1973
and Informal contacts with Soviet ofiDclals,
and focusing world attention on the problem
through the UJ*. and other forums sensitive
to the pressures of public opinion. If these
efforts are not successful, the words of Sen-
ator Jackson will come back to haunt the
Soviets: "It is important that the Russians
understand that they are dealing not only
with the Administration but also with Con-
gress."
OUR NATION'S 200TH ANNIVERSARY
\
HON. CLEMENT J. ZABLOCKI
OF WISCONSIN f-*
Hi THE HOUSE OF REPF.ESENTATIVES
Tuesday. January 9, 1973
Mr. ZABLOCKI. Mr. Speaker, in recent
montlis many persons have expressed
concern that plans for the celebration of
the American Revolution bicentennial
have lost sight of the original goal of
that celebration — to convey a sense of
GUI' American heritage through local ob-
servances of our Nation's 200th armiver-
sai-y. Therefore, I was pleased to hear
from a young woman who has a clear
idea of the aim of our bicentennial cele-
bration. At this time I would like to share
with my colleagues the letter I received
from Mrs. Joan Wiskowski, a 25-year-old
mother, in the hope that it will empha-
size the importance of increased local
participation and involvement in bicen-
tennial observance plans.
Mrs. Wiskowski's letter follows:
New Berlin, Wis.
January 1, 1973.
Hon. Clement J. Zablocki,
U.S. House of Representatives, Washington,
DC.
Dear Congressman Zablocki: The first
news some years ago that this country was
to celebrate its 200th birthday with special
and offlclal commemorations excited me with
an old-fashion patriotism I am proud to
claim as part of my heritage.
Since then. I have been following throtigh
the press and ARBC newsletters the progress,
if it can be called that, of the American
Revolution Bicentennial Commission. It Is
my feeling that the celebration of our Inde-
pendence and the birth of our iiatlon be
celebrated with dignity, truth, simplicity, and
popular Involvement.
But as I see It now, plans for 1976 are
caught up In foolish spending $35,130 to de-
sign the symbol ! ) , grandiose schemes for new
programs and more spending in the name of
the centennial, and little grass roots involve-
ment' True, many of the programs planned
In the areas of historic preservation and res-
toration, art heritage and educational re-
search are well-Intended. But I do believe
that a number of programs and their costs
could be cut. eliminated, or supported by
local or private funds, not by federal tax
money. Too often, the latter becomes en-
meshed in a hierarchy of committee expenses.
study groups, transportation expenses and
salaries.
I think that most of us, including you,
Congressman Zablocki, know very well what
we would like the centennial celebration to
Impart to Americans. We would like to ex-
perience again the new world of 1776, when
this land was fresh and good, seeded with
hope and the promise of real freedom, when
the Ideas of the founding fathers were alive
with faith in this young country. And we
•Refer to the Milwaukee Journal story
"Probers Call US Birthday Plans a Bust-
Saturday, December 30, Page 8.
EXTENSIONS OF REMARKS
would like that same spirit carried through
our colorful heritage to today's young people,
the best hope of our country. As young men
In 1776 saw dreams beyond their own cen-
tury, maybe our young men and women will
see a coiitinuing American dream beyond our
own.
Unfortunately, faith and hope In the spirit
of America have been corrupted by modern
wars, poverty, crime and Impersonal politics,
as well as by our own preoccupation with
Individual wants and needs. I am hoping that
through better public education in the next
three years our youiig people, and all of us,
may meet 1976 with a new outlook on the
future of the USA. As a young tree needs
roots to thrive, people too need to cherish
the roots of a common heritage to grow and
build a nation.
I ask you to personally keep an eye on the
activities and spending of the American Rev-
olution Bicentennial Commission. It cer-
tainly has great possibilities but time is al-
ready running short.
Thank you.
Sincerely,
Mrs. Joan Wiskowski,
P.S. — I am 25 years old, a wife and mother,
a journalism and history graduate of Mar-
quette University, and a former newspaper
reporter.
GEN. WILLIAM C. WESTMORELAND'S
ADDRESS BEFORE THE ANNUAL
BANQUET OF THE OAK CLIFF,
TEX.. CHAMBER OF COMMERCE
HON. OLIN E. TEAGUE
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9. 1973
Mr. TEAGUE of Texas. Mr. Speaker,
in my many years in the Congress, I have
been acquainted with a great number of
military men. I have been close to many,
but not nearly as close as I have been to
Gen. William C. Westmoreland, dating
back to his days as superintendent of
the U.S. Military Academy. I regard him
as a personal friend.
At my request, he agreed to fit into
his busy schedule after retirement, a
speech to the Oak Cliff Chamber of
Commerce, Oak Cliff, Tex. Under leave
to extend my remarks In the Record, I
wish to include the text of that address:
Address by Gen. William Childs Westmore-
land, U.S. Armt, Retired, at the Annual
Installation of Officers for the Oak
Cliff Chamber of Commerce at the Stat-
ler Hilton Hotel, Dallas. Tex., on Thurs-
day. October 26. 1972
Ladies and gentlemen:
From the perspective of thirty-six years of
service In uniform and with the deep and
abiding love I have for the people, the laws
and institutions of our country — It Is my
pleasure this evening to share with you a
statement of my confidence in our great na-
tion and my hope for its future.
Such confidence and hope, some people say,
are eroded by much of what we experience In
The mass media. Certainly, all of us are dally
and painfully aware of the effect of the media
on our lives. But whatever our cries of alarm,
or our calls for it.<; reform, we are, I suppose,
calling for a reform of human nature . . .
and that, as vou know, is always a difficult
undertaking It is difflctilt becaiL=e good news
Is always no news. And bad nev/s — the ex-
ception to normal and good human behav-
ior .. . repeated often enough in the special
context of the dally 30 minute broadcast or
703
the short, eye-catching headline . . . quite
often changes from the exception to the rule.
Ladies and gentlemen, whatever our media
influenced feelings — we must keep in mind
as we live and work and think about the
future that there is a lot right about Amer-
ica. But we need not worry that we will grow
complacent over the problems which face us.
We live in a society increasingly concerned
about the water we drink, the food we eat.
the air we breathe, the fuel we burn. We live
in a society worried about the way we travel,
exercise, work, live and love. We exist in an
environment in which we feel we need im-
mediate solutions to every problem that con-
fronts us. But we are unfortunately quite
willing to Ignore our past efforts.
In the opinion of some analysts today,
we had the Russians all wrong after World
War II. They tell us that we really should
have trusted them a bit more and thus could
have avoided the Cold War — they say we
t(X)k counsel of our fears too quickly. Greater
commitment to peace would have kept our
defense budgets low and kept the world at
peace. The facts of history do r.ct bear this
out — we have been asked to swallow a great
deal of such nonsense in recent years. But.
ladles and gentlemen, never have we been
asked to swallow so much so quickly. The
United States has never been, Is not now,
and will never be — a country dedicated to
imperialist expaiision. and military or ideo-
logical dominance. When I entered the ranks
of the Army 36 years ago — our Army was
only the 9th largest in the world — our Navy
sailed obsolete ships and our Air Force was
hopelessly outclassed. We had an all-volun-
teer Army then. It was under-equipped, un-
derpaid and unappreciated. It accomplished
only one thing in the pre-World War II era.
It convinced the Axis milltar>' planners that
we would be a negligible threat to their plans
for world conquest.
As you know, in World War 11 this nation
accomplished a military. Industrial and logis-
tical miracle — increasing our forces ten fold —
crushing the Axis, and supporting our Allies
with our sui)er-abundant production.
We did not plan for the Cold War. We
set tip no Iron Curtain. Neither did we amass
territory or seek military control over zones
or spheres of Influence.
On the contrary, we disarmed. We threw
billions of dollars of war equipment into
the sea. let It rust, sold It, or gave !t away.
Delegatlons cf American mothers pounded
on General Elsenhower's desk In Europe And
again, we sent the bovs home and stripped
the Services bare — because we hoped . . .
and believed ... in the promises of peace
made by our wartime allies at Yalta and
Potsdam. Together with these allies we found-
ed the United Nations In San Francisco in
1945 In the hope of forming a world order
capable of resolving future differences be-
tween nations without the use of arms. Turn-
ing our efforts to peace, we allowed our mili-
tary mieht of World War II to dissipate. Bv
1947 hardly a combat readv unit remained
in the Army, and bv 1P48 Its strength had
declined from a high of six million to the
half million figure which had existed just
prior to the war. Instead of military pursuits.
we applied our efforts and resources to re-
construction of the war-torn world through
the Marshall Plan. What military forces we
had were devoted principally to supporting
this effort and aiding our former enemies to
lift themselves out of the ashes of defeat.
But our aspirations of world tranquility and
balanced mutual prosperity were not-shared
by all. It was the events of the late 1940'9 —
not any American desire for Imperial gran-
deur or world domination — that caused us
to rearm and once af:aln resort to a position
of military strength in the 1950's.
Coexistence was not In the Russian diplo-
matic vocabulary. As the dust of World War
11 settled, the Soviets threw a cordon of
military control around the countries of
:o4
Eastern Europe they had occupied In the
c oslng days of the war. They then sys-
t (matlcally deposed the free and independent
g 5vemments of these countries or. In cases
s jch as Poland, barred the return of the
li gitimate government from exile. In their
places, Moscow substituted puppet Commu-
r 1st regimes, fabricated In the Soviet Union.
1 hwarted in Czechoslovakia, they resorted to
a ssasslnatlon of the president of that demo-
c -atlc country to bring down the elected gov-
e -nment and fold it Into the Soviet domain.
As their advance crept forward, Iran to the
s )uth and Greece to the west were threat-
eied with Communist takeovers and Soviet
dsmination In Germany, the land corridors,
w h ich the Russians had solemnly agreed to
respect, were closed ... all of this in the
f ice of almost complete American dlsarma-
rient and military Impotence, When In 1950
> orth Korea — at Russian Instigation amd
V ith her support — attacked her neighbor to
t ie south, we were finally moved to act.
Many have forgotten these chapters of the
past, and It all sounds out of tune with our
p resent state of affairs. We have recently
s gned a treaty with the Soviets which all
0 r us can applaud as a positive, forceful step
t )ward peace. We have also arrived at a de-
gree of understanding with the Chinese. But,
ii idles and gentlemen, these treaties — these
1 ndertaklngs — any experienced observer will
a ?ree . . . would not have been possible If
t le United States had been dealing from a
p:)Sttion of disarmed weakness.
Let me clarify that last term. We are not
a country weak In resources. Neither are we
a country weak in Industrial or military
s rength when such strength is needed. But
V e may very well be a country In danger of
b jcoming weak in the will and determlna-
t on to maintain our strength. We have a
h Istory to be proud of — a form of govem-
n lent dedicated to justice — a way of life that.
in Its potential benefit for all. Is both a
precious possession and the envy of the"
V, orld. If we are to maintain this reputa-
t on — to continue to succeed — we must be
s rong.
But I do think you will agree that we
It ive been listening too much recently to
0 jr hom#-grown Cassandras and Jerimahs.
1 heir voices chant myths that grow more
c edible each time they are repeated. They
A uuld convince us that the Defense budget
d Dmlnates public spending, that our Nation
I; on a wartime economy footing, that the
A rmed Services squander billions on cost
o erruns and that what they call the peace
d vidend has been stolen. Facts belle these
n ivths — but these myths have been accepted
oi- many.
Let's look at the record. Let's review the
f; cts. The Defense shares of the gross na-
t onal product and the total national budget
J. e at the lowest point today than in more
ti.an 20 years. Manpower devoted to national
d !fense Is the lowest since 1950. With any
s it'.stical Juggling — if we compare Fiscal
"V ear 1972 with anv of the past 22 years — we
u 111 see that little of our real economic
z owth has been allocated to national de-
f' n-e In fact, the portion of our gross na-
'ional product devoted to national defense
; 1=; no'.v rlropped fo a low of just over 6' .
The facts are there — the record Is open
f< r inspection — but the myth makers don't
g ve up. They continue to maintain that we
Si 111 are on a wartime economy. Let's take
a lother look at the facts and compare to-
rt ly's spending with 1945. Then, in the last
V 'ar of World War II, we were spencllns; five
tiTies as much on national defense as we
V ?re on otir social and economic needs. That
•' a.s truly a wartime economy. Today these
p ■oportlons have been reversed, with social
a Id economic spending three times that of
n itlonal defense. This can hardly support
t!ie contention that we are stlU living on a
wartime economy.
Another persistent allegation Is that de-
fe nse spending Is a dominant factor In our
EXTENSIONS OF REMARKS
balance of payments problem. Again, what
are the facts? In FY 1956-59. foreign ex-
penditures by the Defense Department were
equivalent to 24.4% of imports into the
United States. In FY 1972, foreign expendi-
ture for Defense fell to less than 10% of our
imports.
The figures cited to "prove" these allega-
tions remind us of the saying that there are
three types of falsity — "lies," "damn lies."
and 'statistics." But the facts don't He —
and the conclusions are there If one searches
out the lacts and takes the trouble to do
some careful addition.
Yes, adding up the overall sums, It Is true
that we have spent a lot of money on de-
fense In the past twenty-seven years since
the close of World War II. But we can be
proud of what that money has bought. It
represents an Investment in freedom — free-
dom to choose one's form of government —
freedom from foreign domination and con-
trol, and freedom to pursue our way of life.
It would be a great advance In the history
of mankind if good will alone would sustain
the United States In the days and years
ahead. Peace would be assured at very little
cost. But I think that we will all agree that —
human nature and national interests being
what they are — such Utopian dreams are un-
realistic. Though we ourselves have no ter-
ritorial ambitions nor desire to forcibly im-
pose our way of life or some ideology on
other nations, it remains clear that — until
human and national nature change — we will
continue to need a strong Armed Forces. We
have never believed in large standing Armed
Forces and In peace time we have always cut
them to the minimum — frequently well be-
low that minimum. And this we have done
once again as our participation in the Viet-
nam War has wound down. But we now have
Just about reached that minimum strength
consistent with the world situation and our
national interests. The Army, for example,
now stands at Just over half Its strength at
the helghth of the Vietnam War and at the
lowest level since the days of complacency
Just after World War II.
We are now moving toward an all-volun-
teer Army — away from the concept of na-
tional service — but this entails a social risk.
It Is foolish to say that we may be creating
a military elite dangerous to democracy by
moving to an all-volunteer force. But we
should be concerned that in killing the draft
we may kill the concept that all citizens owe
a debt of service to their country. I would re-
mind you that the concept of the citizen-
soldier has historically been a valuable one.
This concept is not new. The ancient Greek
historians saw the demise of that concept as
the beginning of the end of the great de-
mocracy of Athens. Demosthenes speaking
before the Athenian Assembly echoed their
concern when he said that the one source of
defeat of the Greek Army was that Its citi-
zens had ceased to be soldiers. "Disband your
mercenary armies." he said, "Man your fleets
with the best of your free-born citizens."
History records that the Assembly voted
against the proposal of Demosthenes. It also
records that the last vestige of Greek inde-
pendence vanished shortly thereafter under
the Roman swords In the hands of an all-
citizen Arm at Corinth
The decline of Rome — under the same con-
ditions— came when she too gave up the tra-
dition that the responsibility of protecting
and defending the state was the Inherent
duty of every citizen. Both Greece and Rome
historically demonstrate that personal, in-
dividual liberty and the safety of the state
were highest during their periods of cltlzen-
soldler obligation and lowest during that pe-
riod when citizen involvement In the na-
tional defense came to an end.
We are tending In this direction in the
United States today. With the abseace of
the draft the Armed Forces will no longer
be compjosed of a cross section of our na-
Janimry 9, 1973
tlonal fiber, which has Infused virility into
the Armed Forces and kept it closely identi-
fied with our citizenry, their aspirations, and
their sentiments. The loss of this close as-
sociation would weaken our Armed Forces
Conversely, many of our citizens, who other-
wise would serve their country, will not have
the advantage of this experience. This lack
of direct association and personal involve-
ment with our national interest, I feel, may
well have a weakening effect on the national
dedication of our citizenry. In addition, there
Is a real danger that we cannot economlcallv
attract a sufficient number of quality per-
sonnel to meet our minimum requirements.
The number of such personnel who have an
avocation for military service and who will
volunteer is not unlmited, and we may find
that to provide the incentives and pay the
price to attract that last measure of man-
power to meet our minimum needs may
simply be too clostly.
A concept that would reverse this trend in
the United States today is being talked about
a great deal In Government. It argues that
we should not be killing the draft but rather
we should be establishing a National Service
Corps — with a required commitment for all
of our young people — commitment that
would take them beyond their personal con-
cerns to the commitment of a common cause.
Whatever is decided, I know that our Armed
Forces will support the public's decision.
Ladles and gentlemen, we are a great
democracy and still very much an example
of freedom and justice to the rest of the
world. We have problems, but — thank God —
we have the resources to solve them.
We must at all cost maintain our will and
determination to solve our problems and
maintain our strength. For without this
strength our national security and the secu-
rity of the free world will soon erode. Other
powers with other Interest will be quick to
take over our position of leadership, snd, not
only ourselves, but the world will be the loser.
POSTAL SERVICE REPORTS CUT IN
LOSSES
HON. WILLIAM 0. MILLS
OF MARYLAND
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9. 1973
Mr. MILLS of Maryland. Mr. Speaker,
I would like to share with my colleagues
a recent article which appeared in the
New York Times and gives a picture of
the improved operations of the Postal
Service during the last 18 months.
I include the article at this time for
the consideration of my colleagues:
[From the New York Times, Jan. 5, 1973|
Postal Service Reports Cut in Losses
Washington, Jan. 4. — The United States
Postal Service, which took over mall opera-
tions from the old Post Office Department
18 months ago, released figures today show-
ing a 14 per cent smaller net loss in the
last fiscal year than In the year before.
It also "reported a 34.8 per cent drop In
Government appropriations for the past fiscal
year. Both figures had been climbing sharply
the last few years.
The quasi-public Postal Service's first an-
nual report shows that the agency paid 84
per cent of its total costs during its first year
of operation. The service has a Congressional
mandate to make the operation virtually free
of subsidies by 1984.
In submitting the report. Postmaster Gen-
eral Elmer T. Klassen said the Postal Service
had taken on problems "decades In the mak-
ing." and he stated two goals for the agency.
The first goal is Improved service, an area
January 9, 1973
In which Mr. Klassen believes performance
remains "uneven" but in which he thinks
improvements have been made.
An example of improved service cited by
Mr. Klassen Is a 94 per cent next-day -delivery
average for local first-class mall deposited by
500 P-M- He also reports a decrease from
17 days to 1.6 days of the average delivery
time for the 8.9 bllllonXflrst-class letters
mailed during the report qEriod. Total mall
volume was 87.2-billion. ^
The second goal Mr. Klassen hopes to
achieve is a reduction In costs. Since 85
per cent of the Postal Service's costs are
labor-related, a freeze, still partly In effect,
was Imposed on new hiring and a special
policy was put into effect to encourage early
retirement.
These steps, along with normal attrition,
reduced the postal labor force by 22,511 em-
ployes to 706,400 by the end of the fiscal year.
Current employment figures shows 680,000
employes.
The report also states that productivity
has risen, with a 2.4 per cent Increase in the
number of pieces of mall handled p)€r man-
hour. The report credits this increase to new
mall handling systems and better manage-
ment by local postmasters, who now have
responsibility for their own budgets for the
first time.
Mr. Klassen credits "the commitment by
postal managers, especially in the field" with
holding down costs enabling the Postal Serv-
ice to avoid a planned postage rate increase
that had been scheduled for this month.
Even with commitments to salary increases
In 1973, Mr. Klassen has said he does not
foresee a rise in the postage rate in the
near future.
This first year-end report of the Postal
Service breaks away from the traditionally
drab government report. It resembles a cor-
poration's report to its stockholders and uses
large numbers of pictures and other graphics.
URBAN MASS TRANSPORTATION
TRUST FUND
HON. FRANK ANNUNZIO
OF ILLINOIS
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. ANNUNZIO. Mr. Speaker, I am
today introducing a bill to provide for the
establishment of an urban mass trans-
portation trust fund to be funded by an
amount equal to 40 percent of the total
received annually in the highway trust
fund.
I am convinced that the only way we
are going to be able to provide a known
and adequate source of funds for urban
mass transportation is to set up a sep-
arate trust fund solely to finance, the
needs of urban mass transportation.
Since there is no adequate users tax
upon which revenues can be received for
this urban mass transportation trust
fund. I am proposing this bill to have 40
percent of all the highway trust funds
annually be earmarked and transferred
from the highway trust fund to the new
proposed urban mass transportation
trust fund. I do not believe that this pro-
posed use of highway trust fund moneys
is any way contrary to the purpose of the
highway trust fund. We are providing
here transportation users tax not just for
the highways, but for the whole broad
spectrum of urban mass transportation.
We all recall the serious controversies
CXIX 45— Part 1
EXTENSIONS OF REMARKS
that arose late in the last session of the
92d Congress regarding the proposal to
earmark S800 million of the highway
trust fund for urban transportation
needs. If this provision had been enacted
into law, I seriously doubt whether that
amount of funds would actually have
been made available for urban mass
transportation needs. I believe most of
those funds would have gone for urban
highway systems, improvement of exist-
ing highways within urban areas, and
other such similar purposes. I am fur-
ther convinced that the use of highway
trust funds under the existing highway
trust fund structure would not provide
adequate funds for urban mass transpor-
tation needs uiiless the expansion of the
interstate liighway program is either
sharply curtailed or abandoned.
The highway and the automobile have
been relied on heavily in the past while
little attention has been given to other
modes of transportation. The President
cited in the revenue-sharing message on
transportation, March 18, 1971, the
astonishing fact that approximately 94
percent of all travel in urbanized areas
is by automobile, yet 25 percent of our
people — especially the old, the very
young, the poor, and handicapped — do
not drive a car. This alone shows the in-
adequacy of our transportation program.
Our urban centers are constantly grow-
ing, both in geographical size and pop-
ulation. In just a few decades, the num-
ber of people living in and close to the
cities is expected to double. The problem
of moving people and goods around and
through our urban places is already crit-
ical. And unless we make full provi-
sions for a program to meet and solve
the urban transpwartation snarl, it will
grow progressively worse, and I fear that
the only alternative being offered to us
is bigger, better, longer, and wider con-
crete highways. There is still time to
act — but it must be now.
All too often today we find a city that
has lost a park to an expressway; the
elderly dying of respiratory diseases be-
cause the air is polluted; our children
becoming statistics — 55.000 fatalities on
our highways each year and those who
do not have cars or choose not to use
them do not have access to a decent
mass transit system.
The job facing us today is to make our
urban transit systems eflBcient and ac-
cessible to more people, to charge fares
which are conducive to increased pa-
tronage, and to provide equipment and
service attractive and convenient enough
to encourage people to depend on mass
transit for a substantial part of their
urban travel.
My proposal would simply have 40
percent of all highway trust fund re-
ceipts each year transferred to the urban
mass transportation trust fund which
would then provide for the direct grants
to the local communities for the exclu-
sive use of urban mass transportation
needs.
I urge my colleagues to give their bi-
partisan support in the 93d Congress to
legislation which would provide efficient,
pollution-free mass transportation at a
reasonable cost in order that a meaning-
ful solution to the problem may be ef-
fected.
705
GOVERNMENT REFUSES TO PROS-
ECUTE IN CHICAGO TRIBUNE
GUN-BUYING CASE
HON. ROBERT L. F. SIKES
OF FLORIDA
IN THE HOUSE OF REPRESENTATIVES
Tuesday. January 9. 1973
Mr. SIKES. Mr. Speaker, I am one of
many who have been concerned by the
Government's handling of international
violations of the Federal Gun Control
Act of 1968 by Chicago Tribune report-
ers. The Government has now refused to
prosecute in this case. From Gun Week
of January 5 I submit a news article
which outlines the story in detail and an
editorial from the same publication en-
titled, "Justice's Double Standard."
These are well worth the attention of
my colleagues in the Congress. The items
follow :
Government Refuses To Prosecute in
Chicago Tribune Gun-Buying Case
The Federal Government has refused to
prosecute one of the Chicago Tribune news-
paper reporters involved in self-admitted
violations of the 1968 Gun Control Act last
June.
On Dec. 19, a Federal Grand Jury In Des
Moines, Iowa, returned an indictment
against Robert Harland Enstad, 34, of Chi-
cago, charging him with making false state-
ments to two Des Moines gun dealers while
gathering information for a news story.
However, U.S. Attorney Allen Donlelson
refused to sign the indictment, which means
no prosecution will be forthcoming. Doniel-
son said his actions In refusing to sign the
indictment were "approved" by the Justice
Department In Washington.
Donlelson said Enstad's alleged false state-
ments to obtain handguns from Jay's Sales
Co., and Ted's Shooters' Supply in Des
Moines were "not a criminal misuse" of fed-
oral gun laws. Enstad "intentionally violated
the laws to write a story — but not to commit
a felony," Donlelson said In an Interview.
Donlelson added that he felt Enstad
showed "an atrocious lack of judgment" and
was "totally irresponsible" In allegedly vio-
lating a law to do a story.
The story, which appeared in the Chicago
Tribune on June 27, described how Enstad
and another reporter, William Currie, 31. also
of Chicago, bought handguns Illegally In
Iowa, Florida and Virginia In an attempt to
show the ineffectiveness of existing gun con-
trol laws.
Under provisions of the Gun Control Act
It Is Illegal for anyone except federally li-
censed dealers. Importers and collectors to
acquire handguns outside their state of resi-
dence. It also Is a felony violation, punish-
able by five years' Imprisonment and a $5,000
fine, to knowingly make false statements to
a dealer In order to obtain a firearm.
According to the Tribune's June 27 article,
which was part of a lengthy series on gun
controls. Enstad visited Jay's Sales Co., where
he purchased a Colt automatic by using a
fictitious address In Des Moines, although he
admitted being told by the clerk, Mrs. Russell
LaVlne, that sales to out-of-state residents
were Illegal. Enstad said he used his Social
Secvirity number as identification on the
4473 Form required by federal law to be
filled out by gun buyers. (See July 14 and
July 28 issues of Gun Week.)
Later In the Tribune story, Enstad de-
scribed how he used an Illinois driver's
license — along with the fictitious Des Moines
address — to obtain another handgun at Ted's
Shooters' Supply in Des Moines.
"Another contraband weapon was on the
street. The next day both weapons arrived in
706
Chicago via parcel post," the Tribune article
said.
The Tribune, which has a long record of
supporting restrictive gun control laws, drew
Irate responses from many Midwest gun deal-
ers and gun owners as a result of the article,
"They must think they are above the law."
said one Midwestern dealer, who urged that
those responsible be prosecuted for violating
federal law.
In answer to the sportsmen's protests. Trib-
une City Editor Dave Halvorsen told Gun
Week. "We don't feel the Tribune is above
the law. The Tribune has traditionally es-
poused the importance of abiding by the law.
We sent two reporters out to demonstrate
the ineffectiveness of the law.
Although the reporters admitted in their
story that they violated several provisions of
the 1968 Gun Control Act. Halvorsen at-
temnted to Justify their actions by saying:
"We feel that they acted In the Interests
of a very crucial Issue now present In the
country. This is the pros and cons of evn
controls. Sometimes you have to take some
extraordinary measures to demonstrate what
can and cannot be done. It would have lo be
our rationale In putting together the whole
package."
The "whole package" referred to by Hal-
vorsen Included a 10-part series of anti-gun
articles printed periodically in June and
July. Other reporters Involved In compiling
the series were identified by the Tribune
as George Bliss, director, and Philip Caputo
and Pamela Zekman.
Following Donlelson's refusal to sign the
Indictment against Enstad, Grand Jury fore-
man Barbara Whltmer Indicated that sev-
eral members of the Jury were "upset" about
the U.S. Attorney's action. She said the
Grand Jury made a "very thorough Investiga-
tion" and their efforts were "a waste of
time" if the government declined to prose-
cute.
Commenting on his refusal. Donlelson said
"the Grand Jury has a responsibUlty to de-
cide whether they have probable cause to
Indict. I have a responsibUlty to decide
whether to prosecute"
The separation of the powers of the Grand
Jury and the prosecutor act as a check and
balance, assuring "that neither may arbi-
trarily yield the awesome power to Indict a
person of a crime." Donlelson said.
"It Is Indeed appalling when a member
of society, simply because of his profession,
can intentionally violate a statute of his
country and then call for stronger laws In
this area because the present laws are too
weak." Donlelson added.
Despite Donlelson's claims, many gun own-
ers viewed the De-. Moines outcome as a re-
sult of political maneuvering between the
Tribune and the Justice Department.
-Although It Is not common practice for
prosecutors to refuse to prosecute if a grand
Jury hands down an indictment. It happens
occasionally when the prosecutor feels he
?ias Insufficient evidence to warrant going
to court. Gun Week learned from legal ex-
perts. However, when there Is a self-ad-
mitted violation, such as was contained In
the newspaper article, along with the signed
»473 Forms, evidence would not seem to be
lacking In this Instance.
Gun Week also learned that It Is highly
unusual for a prosecutor to present evidence
>f a crime to a grand Jurv without expect-
ng to go to trial If an Indictment is handed
lown.
One lawyer speculated that Donlelson may
lave been directed bv the Justice Depart-
ment to hand the case to the Grand Jury,
loplng It wouldn't Indict. When It did. he
lad no other alternative than to refuse to
iign the indictment.
Justice's Double Stand.^rd
It's okay to violate the Federal Gun Control
^ct of 1968— If you're a Chicago Tribune
■eporter. This seems to be what the Justice
EXTENSIONS OF REMARKS
Department was saying when It allowed the
prosecutor In the case to refuse to sign the
indictment against Robert Harland Enstad,
34. of Chicago. (See story on Page 1 ) .
Item: Enstad, In a June 27 by-Uned article
In the Tribune, admitted falsifying his ad-
dress to two gun dealers In order to buy
handguns Illegally In Des Moines, Iowa, and
shipping the guns through the maU back to
Chicago. Both acts constitute federal viola-
tions.
Item: William Currle, 31, another Tribune
reporter from Chicago, admitted in the same
article that he purchased handguns !n Flor-
ida and Virginia in violation of GCA68. Ad-
ditionally, he admitted to Gun Week staff
members In a telephone Interview that he
knew such purchases were Illegal.
Item: Both Enstad and Currle signed the
required 4473 Forms when they made their
illegal purchases.
Item: Several persons are currently resid-
ing In federal prison, or have been convicted
and fined, because they broke the same law.
Therefore, we must conclude there Is a
special brand of Justice that applies to Chi-
cago Tribune newspaper reporters. Appar-
ently they are exempt from nrosecutlon for
violating GCA68, If they do'lt to "demon-
strate the Ineffectiveness of the law."
We realize that prosecutors are sometimes
Justified In not going to trial in particular
criminal cases, because of extenuating cir-
cumstances or lack of evidence. But, this Is
not one of those cases.
For one thing. It Is grossly unfair to expect
average citizens to comply with the restric-
tions contained In the 1968 Gun Control Act
or any current law. If a certain select few are
allowed to boast about having broken It with
impunity. It Is one thing to commit a felony
through Ignorance of the law. which has hap-
pened many times to unknowing gun owners,
and yet another to plot and conspire to
knowingly break the law for the purpose of
WTitlng a newspaper story.
It Is a sad day In American jurisprudence
when a U.S. Attorney, In this Instance Allen
Donlelson, who Is pledged to protect the In-
terests of all citizens, simply refuses to pros-
ecute, saying the reporters Involved "In-
tentionally violated the laws to write a
story — but not to commit a felony." For Mr.
Donlelson's Information, any violation of the
Gun Control Act Is felony and all of his
semantical maneuvering cannot change the
facts.
There are some, for various reasons, who
disagree with Gun Week's position In want-
ing Justice done. Some believe that the Gun
Control Act Is an unconstitutional law and
should not be enforced, while others say no
harm was done to anyone, and the matter
should be allowed to drop. However, we see
it from another viewpoint. In oiu- July 14
editorial on the subject we said:
"If they (the Tribune reporters) are not
charged and prosecuted. It wUl be an open
invitation for other newspapers and other
individuals to violate other laws 'to demon-
strate the Ineffectiveness of the law.' It Is
conceivable that some newspapers would
choose to import heroin 'to demonstrate the
ineffectiveness of the drug laws.' Or others
might choose to violate gambling laws, or tax
laws, or a myriad of other unpopular laws,
simply to demonstrate that they can be
violated. Eventually there would be total dis-
respect for all laws and our civilized society
would revert into nothing more than a Jun-
gle."
We see no reason to alter that opinion!
But. at the same time, our opinion has
been changed, and we fear the opinions of
many law-abiding gun owners have been
changed, regarding the fairness of the Jus-
tice Department's criteria for enforcing gun
control laws. There seems to be a double
standard — one standard for the average man
and another one for reporters representing
powerful blg-clty newspapers. It's* a rotten
situation, but then there are a lot of rotten
January 9, 1973
situations In the Federal Government where
firearms controls are Involved.
If the Justice Deartment chooses to excuse
the GCA68 felony violations committed by
the Chicago Tribune reporters, then it
should free everyone sent to prison for viola
tlon of the act. Those who have been fined
for violations should receive Immediately re
funds, plus Interest. Also, no future pros-
ecutions of anyone should be undertaken
for violation of GCA68. That's what should
be done! But. we all know It won't be' The
Justice Department's double standard will
prevent It! — ADJ
END THE WAR
HON. BELLA S. ABZUG
OF NEW YORK
IN THE HOUSE OF REPRESENTAnVES
Tuesday, January 9, 1973
Ms. ABZUG. Mr. Speaker, many of us
are shocked to hear the interpretation
Mr. Nixon seems to have put upon his
reelection. Rather than a mandate to
make peace — which it certainly was— he
seems to feel that he was given a free
hand to bomb and destroy as he pleases.
Those who criticize are called "irrespon-
sible "
One of the administration's most per-
sistent and reliable critics, the New York
Times, expressed dismay in an editorial
which I insert in the Record:
IProm the New York Times, Jan. 9, 19731
Threat to Congbess
The lectiu-e read to the President's Con-
gressional critics by Herbert G. Klein, the
White House Director of Communications,
spells out Mr. Nixon's determination not to
brook Interference with his conduct of either
the war or the peace negotiations. In the
process, political facts at home and military
realities in Vietnam are to be bent to the
President's will. If the truth stands in the
way, the White House communicators
blithely revise It.
No other Interpretation can explain Mr.
Klein's complaint that "irresponsible" Con-
gressional critics of the President's course
have forgotten that the election gave Mr.
Nixon "a very clear mandate to proceed the
way he has on Vietnam."
What precisely was the course that had
been presented to the voters? On the battle-
field, It was a course of steady disengage-
ment. The bombing of the North had been
halted. Peace was "at hand." The prisoners
were thought to be within sight of returning
home.
That was the course on which the President
had "a very clear mandate to proceed." It
bears no resemblance to the course since
taken — the apparent reopening of the ques-
tion of Saigon's sovereignty, implying a per-
manently divided Vietnam: the terror bomb-
ing; the tragic rise of American casualties
and prisoners.
To the que.stion whether the course for
which he asked Congressional support might
Include renewed carpet bombing. Mr. Klein
replied: "I would not rule oi!t any tactic
that is necessary to protect American lives
or to carry out the military objectives which
are essential."
By no stretch of the imagination could the
recent terror raids have been termed i.eces-
sary to protect American lives. It was the
bombing that wantonly destroyed lives — of
.\merlcan airmen r.wd Vietnamese civilians.
The threat to use "any tactic" to carry out
Mr. Nixon's undefined "military objectives"
must seem to the American people and the
world as an awesome and unacceptable exten-
sion of Presidential power. It Is an extension
that Is not rendered palatable by Mr. Klein's
January 9, 1973
va'ue assurr.nce that Mr. Nixon considers
himself fully accountable and will offer an
exp'ai:ation when he considers the time to be
rieht in the best interest of peace.
Such an open-ended extension of the Pres-
ident's powers should clearly be unacceptable
to Congress. To block rather than merely to
criti;'^e i.uch a usurpation of power is—
so far from being irresponsible — a constitu-
tional resuoiisi^ilUy the Congress has
evaded long. The terror raids have stripped
all credibility from the White House spokes-
men's protestations that the President knows
best and that not to let him have his way
wlU Jeopardize the negotiatloiis.
Last year, Mr. Nixon impug!ied the
patriotism of the nation's opinion-makers
a)id bi'siness leaders for their failure to rally
to such "difficult" Presidential decisio;;s a.s
mining the harbors and bombing the cities
of North Vietnam. Now Mr. Klein has applied
the same faulty doctrine to the nailon's
elected representative^ by calling for "less
riietoric and more support in the Congress."
To heed such a false warning would be tanta-
mount to surrendering the Government of
the Cuited States to oae-man rale.
CONGRESSMAN DOMINICK V. DAN-
IELS HAILS "THE DISPATCH'S" 100
YEARS OF SERVICE TO THE PEO-
PLE OF NORTHERN NEW JERSEY
HON. DOMINICK V. DANIELS
OF NKW JERSEY
IN THE HOUSE OP REPRESENTATIVES
Tuesday, January 9, 1973
Mr. DOMINICK V. DANIELS, Mr.
Speaker, on January 1. 1973 the Hudson
Dispatch of 400 38th Street. Union City,
N.J., a great journalistic institution in
northern New Jersey, has changed its
name. The Hudson Dispatch has become
known as merely "The Dispatch" re-
flecting the fact that this leading news-
paper's influence extends far beyond
the borders of Hudson County.
Mr. Speaker, on this occasion I would
like to extend my best wishes to the Dis-
patch and my hope that it will continue
to serve the people of northern New Jer-
sey as it has for the past century and to
publisher Robert L. Boyle, the bearer of
a proud Jersey City name, and editor
Henrj' G. Avery for the many improve-
ments they have brought to this fine old
newspaper.
A statement which appeared on Jan-
uary- 1, 1973 in The Dispatch announcing
the change follows :
It's "The Dispatch"
The top of today's front page looks dif-
ferent.
Why? Because the name of this newspaper
today officially becomes The Dispatch, In-
dicating its future concept of Interest for
the problems of North Jersey.
This paper will no longer be known as
Hudson Dispatch, Just as it Is no longer
called Hudson County IDispatch or Harrison
Dispatch, other names It has borne during
its almost 100 years of service to the people of
this area.
A lot has changed since the post-Clvll War
.vears when The Dispatch first hit the streets,
the work of an unknown founder, out East
Newark way. And that was a one-page pub-
lication.
The first real records of the newspaper's
history go back to 1874 when the paper
moved to a nearby community and became
Known as the Harrison Dispatch.
EXTENSIONS OF REMARKS
A scant three years later, another move
was under way, this time to Jersey City, where
the publication was then called Hudson
County Dispatch.
The then weekly newspap>er continued its
trek and wound up in old Union Hill and the
first edition for the North Hudson area came
off the press in 1890.
In 1912, other major changes came about.
The paper went frojn a North Hudson after-
noon publication to a morning daily, cover-
ing Jersey City and Hoboken as well.
This capacity, as Hudson County's only
morning newspaper, continues to this day.
although the presidents, publishers, editors
and other staff members have changed, along
with its physical size, the presses, its build-
ing and other equipment.
Expansion continued and in 1924, a Bergen
County edition was added and It still meets
the needs of both the reading and shopping
segments of that area.
And so it has pore, change upon change to
meet the changing public it services.
So, although a new name — The Dftpatch —
greets the new year. It Is still your newspaper.
707
LEGISLATION TO PROTECT THE PO-
LITICAL, SOCIAL, AND ECONOMIC
WELFARE OF ALL AMERICANS
HON. H. JOHN HEINZ III
OF PENNSYLVANIA
IN THE HOUSE OP REPRESENTATIVES
Tuesday, January 9, 1973
Mr. HEINZ. Mr. Speaker, as we begin
a new Congress, I am introducing several
bills of particular importance to both my
constituents in southwest Pennsylvania
and. I believe, to all Americans.
These bills, all of which I have intro-
duced or supported in the past, are de-
signed to protect the political, social, and
economic v.elfare of all Americans. To
this end. I am propo.'^ing legislation cov-
ering a broad area of concerns, with par-
ticular emphasis on the problems of sen-
ior citizens, taxes and Government
spending, control of pollution of all tyjses,
and personal safety and liberties of
citizens.
SENIOR CmZENS
1 . SOCIAL SECURITY FOR THE WAGE EARNER
Clearly we must make some basic
changes in our social .security program
to guarantee workers that their invest-
ment in the form of social security taxes
paid will give them an adequate return
when they retire, not a life of poverty
after retirement.
The bill I am introducing goes far to-
ward removing the threat of a bleak re-
tirement for working people by effectively
insuring the relative standard of living
for those who have worked hard all their
lives. This bill would provide higher ben-
efits to those working people who have
paid the most into the program over the
longest period. Surely such a change in
the present program is reasonable and
equitable.
I believe we must guarantee minimum
income support for aged Americans, the
disabled, and for dependent survivors.
We also must help moderate the decline
in earning standards when the earnings
of the family head drop or are lost
through retirement, disability, or death.
I believe this bill will help bring true
"social security for the wage earner."
2. SENIOR CITIZENS COMMVNITY CENTERS
AND SERVICES ACT
In the last severa. years it has become
all too clear that the special needs of
older Americans are often overlooked.
These needs include community and so-
cial senices designed primarily to allow
senior citizens to realize their full po-
tential of their retirement years. I
This bill, the "Senior Citizens Com-
munity Centers and Semces Act." would
tackle some of these problems by provid-
ing net only financial assistance for con-
struction and operation of senior citizens'
community centers, but transportation! to
centers as well.
3. RESOLUTION ESTABLISHING SELECT
COMMITTEE ON AGING
The time is long overdue that the
House of Representatives should formally
recognize the special problems of our
senior citizens by establishing a House
Select Committee on Aging. Such a com-
mittee will provide a constant forum in
which the pi-oblems of the elderly in
America can be discussed and studied,
and compassionate solutions formulated
to the many dilemmas facing older
Americans.
Without infringing upon the jurisdic-
tion of any existing standing committee,
this resolution would provide formal rec-
ognition to the problems of senior citi-
zens. It should be passed by this body
with all haste. |
TAXES AND GOVERNMENT SPENDING ANT)
EFFICIENCY
1. GOVERNMENT EXPENDITURES CEILING
ACT
In the area of fiscal responsibility, we
in Congress have a dual responsibility.
In light of repeated budget deficits and
continuing inflation, we must assert our
responsibility to limit Federal expendi-
tures during the present fiscal year. But
we must accomplish this expenditure
limitation through legislation which does
not further enhance Presidential power
at the expense of congressional authority
and prerogatives.
My bill would limit Federal spending
in the current fiscal year to S250 billion.
But it does not provide the President
with the power to selectively cut pro-
grams as he sees fit. Rather, to the ex-
tent that congressional appropriations
exceed $250 billion, this bill would re-
quire pro rata reduction in all appropria-
tions other than interest on the public
debt and social security.
Tills approach provides an acceptable
short-term solution to the complex and
continuing problem of improved con-
gressional control over the appropria-
tions process.
2. TAX POLICY REVIEW ACT OF 197 J
I have long believed that tax policy
can be and should be used as a selective
instrument of Government policy pro-
viding incentives or disincentives for
various activities in the private sector.
But past congressional actions on tax
bills have slowly eroded the income tax
base by providing and maintaining nu-
merous tax preferences, many of which
demand critical reexamination. The time
has come for us to examine carefully and
comprehensively the complete package
of tax preferences with the intention of
L
08
!
eliminating or modifying those which
can no longer be justified.
The Tax Policy Review Act of 1973
would assure careful congressional as-
sessment of each tax preference by pro-
viding now for their termination over a
3-year period.
3. INTERGOVERNMENTAL COOPERATION ACT OF
1973
If we are to be effec^ve in holding
down Government gipenditures ulti-
mately we must ferrer out all -waste and
inefficiency in Federal agencies and pro-
grams. This bill is designed to start us
on the road to the reduction of such
waste and inefficiency by taking several
courses of action. These include provi-
sions improving financial management
of Federal assistance programs and fa-
cilitating the consolidation of such pro-
grams: strengthening further congres-
sional review of Federal grants-in-aid:
providing for a catalog of Federal assist-
ance programs, and extending and
amending the law relating to intergov-
ernmental cooperation.
POLLUTION CONTROL TAX ACT OF 1973
This legislation would amend the U.S.
Tax Code by imposing a tax on the dis-
charge of pollutants into our Nation's air
and water. Most important, this bill
would place the burden of pollution con-
trol where it belongs — on the polluter,
not on each and every taxpayer irrespec-
tive of whether or not he pollutes.
Another important feature about this
bill is that it provides an incentive to re-
duce pollution below the standards con-
tained in the Water Pollution Control
Act and the Clean Air Act, as well as pro-
viding revenue to help pay for the Fed-
eral share of pollution abatement con-
tained in these acts.
I believe the Pollution Control Tax Act
of 1973. which I introduce today, is a
reasonable, effective, and nondiscrimina-
tory mechanism for dealing with the
threats and problems posed by the pol-
lution of our air and water. I hope my
colleagues will assist in the speedy enact-
ment of this bill.
PERSON.AL SAFETY AND LIBERTIES
1. THE SAFE STATES ACT OF 1973
Between 1960 and 1970, major disas-
ters were declared in 44 States. Yet only
14 of the 50 States have taken even mini-
mal steps to prepare for disasters.
This legislation strengthens the Dis-
aster Relief Act of 1970 to insure that the
citizens of this country will be protected
from natural disasters to the fullest pos-
.'■ible extent. It provides, in part, for:
First, the establishment of minimum
Federal standards for disaster prepared-
ness;
Second, the development and mainte-
nance by States of disaster preparedness
plans in accordance with Federal stand-
ards:
Third, increase in the Federal contri-
bution to States for development and
maintenance of disaster plans; and
Fourth, the cancellation of all Federal
disaster relief assistance to any State not
meeting Federal disaster preparedness
standards.
2. HIGHWAY SAFETY MAINTENANCE DEMONSTRA-
TION PROJECT
I am again Introducing a bill thai
would create ten project demonstration
EXTENSIONS OF REMARKS
sites across the country for the purpose
of demonstrating different maintenance
techniques for all the States. The sites
selected will be determined by choosing
those States that will provide various
classes of highways, types of pavements,
bases, and subbases, and those with dif-
ferent terrain, topography, and climatic
conditions.
This demonstration project will pro-
vide to the States the most recent infor-
mation on the best and most economi-
cally feasible techniques for maintaining
our Nation's highways.
With almost 272,000 deaths caused by
accidents on our Nation's highways in the
past 5 years, there should be no further
proof required to show that our high-
ways safety must be improved. I believe
we can do so without additional costs
by Improving construction and mainte-
nance.
3. PRIVACY BILL
Many people find today that the pri-
vacy of their own home will not protect
them or their children from receiving
mail that is unsolicited, unwanted, ob-
jectionable, and in some cases obscene.
This is a type of invasion of privacy that
cam and must be put to a stop.
The bill I present today is designed to
protect the individual's right of privacy
by prohibiting the sale or distribution of
certain personal information. This par-
ticular bill, in effect, would give the in-
dividual the right to control what is
known about him or her and insure that
information collected for one purpose
will not be used for another.
The right to privacy is one every Amer-
ican should enjoy. To deprive anyone of
this right by denying control over what
he or she receives through the mail
should be illegal.
I hope the House will give this bill the
immediate attention it deserves.
Mr. Speaker, these are the bills which
I introduce at the begirming of this, the
93d Congress. Particularly in the fields
of special security, pollution control, and
Federal spending control, I plan to do
all I can to see that the ideas in these
bills will receive a full hearing both in
and out of Congress. My intention is to
generate as much public discussion,
political analysis and, hopefully, support
through speaking, writing, and otherwise
exposing to interested groups and the
public the fundamentally and strategi-
cally different approaches in each of
these areas.
I am not particularly interested in see-
ing a bill with my name on it become law,
and this is not my objective. What Is
more important is that these ideas are
examined and debated and enacted into
law when their time comes. It is my hope
to hasten that time by working as hard
as I am able to Insure their early and full
exposure.
THOMAS P. O'NEILL
HON. "ROBERT F. DRINAN
OF MASSACHTJSETTS
IN THE HOUSE OP REPRESENTATIVES
Tuesday, January 9. 1973
Mr. DRINAN. Mr. Speaker, I am de-
lighted and honored to make available to
January 9, 1973
my colleagues an editorial broadcast on
January 4, 1973, by WEEI, a CBS radio
affiliate in Boston.
This editorial has glVen enthusiastic
endorsement to our colleague and friend
Congressman Thomas P. O'Neill upon
his unanimous election to the position of
House majority leader.
I and other members of the Massa-
chusetts delegation take particular pleas-
ure in the concluding sentence of the edi-
torial where WEEI congratulates Con-
gressman O'Neill's "colleagues for seeing
in the Massachusetts lawmaker the at-
tributes his constituents at home have
recognized for decades."
The WEEI editorial follows:
Thomas P. O'Neill, Majority Leader
Accepting the post of House Majority
Leader, Massachusetts Congressman
Thomas P. O'NeUI quoted remarks made by
Sam Rayburn 20 years ago. After he had been
voted House Minority Leader, Rayburn said,
"Any jackass can kick down a barn, but It
takes a carpenter to buUd one." Said ONelU
the other day: "We Intend In the 93rd Con-
gress that the Democrats be the carpenters."
In WEEI's opinion, Washington needs car-
penters very badly— especially on Capitol HUl.
Recent years have seen a tremendous build-
up of power In the executive branch of the
federal government. This concentration of
power at the White House has clearly been
at the expense of Congress. And don't rush to
blame President Nixon. The deterioration of
Congressional muscle began before Mr. Nixon
moved Into the White House.
Majority Leader O'Neill says several goals
can be accomplished if House Democrats be-
come carpenters — or builders — of the nation's
present and future. He says: "We can bring
the war In Vietnam to an end. We can stop
the erosion of the powers of Congress by the
President. We can improve the image which
the public has of Congress."
Those three goals represent a rather large
target for a new Majority Leader but WEEI Is
confident that Congressman Thomas P.
O'Neill Is the right man for the Job. Through
his years of public service on Beacon Hill and
In Washington, he has demonstrated a great
ability to lead others toward worthy goals.
WEEI congratulates Congressman "Tip"
O'Neill on his new position of leadership, and
we congratulate his colleagues for seeing in
the Massachusetts lawmaker the attributes
his constituents at home have recognized for
decades.
IN SUPPORT OP LEGISLATION IN-
CREASING THE PERSONAL EX-
EMPTION FROM $750 TO $1,200
HON. TOM RAILSBACK
OF ILLINOIS
IN" THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973 '''^
Mr. RAILSBACK. Mr. Speaker,
cosponsoring legislation with Congress-
man QtriLLEN to amend the Internal
Revenue Code of 1954 to increase the
personal exemption from $750 to' $1,200.
The personal exemption was set at
$750 for 1973 by the Tax Reform Act of
1969. Prior to the 1969 act the personal
exemption was $600, which was set in
1948. Since the cost of living had risen
over 50 percent between 1948 and 1969,
obviously the 25 -percent increase to $750
scheduled by the 1969 act was sadly lack-
ing in achieving any sort of equality with
the increased cost of living. The Revenue
Act of 1971, which advanced the effec-
, I avfT
January 9, 1973
tive date for the $750 exemption, did not
nrovide a remedy either since the cost
of living rose 6 percent in 1970 and
another 4 percent in 1971.
However, the authors of the Revenue
Act of 1971 <ild recognize the straits the
ordinary consumer was in. When they
reported the bill, the tax writing com-
mittees stated that advancing the effec-
tive date of the increased persons!
exemption — coupled with other tax re-
duction provisions for individuals — was
desirable because of the need to increase
consumption to stimulate the economy
and to aid those already severely bur-
dened by inflation.
There is disagreement among tax the-
oreticians about the role the personal
exemption is supposed to play in our
tax laws. However, historical evidence
points to the intent of Congress to allow
a taxpayer sufficient income tax free to
cover minimum living costs for himself
and his dependents. Naturally, there is
a problem in deciding just what consti-
tutes sufficient income for Americans
whose standard of living has risen st-ead-
ily over the years.
Let us examine one of the guideposts
available to determine what is needed to
maintain different standards of living
in America today. The Department of
Labor has updated to autumn 1971 its
four-person urban family budgets. These
budgets are based on a survey of 39 met-
ropolitan areas, four nonmetropolitan
regions, and Anchorage, Alaska, to de-
termine how much is required for a fam-
ily of four to maintain different stand-
ards of living. The family of four is a
hypothetical one consisting of a 33-year-
o!d man with a steady job, a wife who
does not work, a 13-year-old son, and an
8-year-old daughter. The budgets are
illustrative of three different levels of
living and provide for different specified
types and amounts of goods and services.
The budgets pertain to the urban family
only, which has, for each budget level,
average inventories of clothing, house
furnishings, major durables, and other
equipment. The average cost of a 'lower"
budget for this family was $7,214; the
cost of the "intermediate" budget was
S10.971; and the cost of the "liigher"
budget was $15,905. Consimiption
items — food, housing, clotliing. trans-
portation, medical care, et cetera — came
to 81 percent of the total lower level
budget, 70 percent of the budget at the
intermediate level, and 75 percent of the
hi.eher level budget.
These budgets are not intended to rep-
resent a minimum or subsistence level of
living. But it is clear that since such a
large proportion of each budget is allo-
cated to the family's basic needs and
most of the remainder goes to employ-
ment and income taxes, there is little
room for tho<;e items which enhance the
quality of living.
Since the children in this hypothetical
family are under college age. the budgets
contain practically nothing for higher
education expenses. According to figures
from the 1972-73 co]lege costs survey
conducted by the Life Insurance Agency
Management Association, covering near-
ly 1,250 U.S. colleges and universities,
the median cost for ba.'^ic charges — tui-
tion, fees, room, r.r.i hoard— at a p-.iblirlv
supported school for an out-of-State
EXTENSIONS OF REMARKS
student is approximately $2,084 a year.
For students attending college in their
own States, the median charge is $1,376.
These figures include basic charges only.
They do not Include incidentals such as
travel, recreation, laundry, and clothing.
I will not pretend my recommended
increase to $1,200 in the personal exemp-
tion will assure that every child who
wants a college education can afford it.
However, in some cases, the additional
money could mean the difference be-
tween a family providing its members
with a higher education or having them
seek employment with only their high
school education.
Sylvia Porter reported in August 1972
that at existing price levels, it will cost
nearly $100,000 to raise one child and
send him through college. The yearly
cost of rearing one child will be roughly
15 to 17 percent of the family income.
The cost of feeding one child to age 18
will total $8,500. The costs of support-
ing an 18-year-old will be roughly 30
to 45 percent higher than those for a
1 -year-old.
These are awesome figures. We, as
Members of Congress, must make sure
that inflation and taxes do not force
Americans to lower their standard of
living. We must recognize that in an in-
flationary economy, such as ours has
been in recent years, the effect of a per-
sonal exemption that stays at a constant
amount is equivalent to a tax increase.
My proposal to increase the personal
exemption to $1,200 is, I believe, fiscally
responsible, and is an important step
toward alleviating the great burden im-
posed on the American taxpayer by the
ever-rising cost of living. I urge immedi-
ate and favorable action on this legisla-
tion.
709
corn and more soybeans last spring? You
don't think we're stupid, do you?" cracked an
Illinois farmer as a CBS camera crew was
shooting "The Great Rain Scandal" to be
aired next week.
A big farmer in Indiana did admit under
heavy questioning that his first-cousin who
works at the Des Moines, Iowa airport phoned
him one Saturday to say it was raining there,
"but my decision to work on Sunday to finish
harvest was my own Idea," he testified.
A NFO official mllitantly told the same
sub-committee, "We need a real dirt farmer
Secretary who knows farmers' plight and will
do something about the weather."
While Farm Bureau officials strongly ob-
jected to any government action against the
weather. Farmer's Union called for a massive
federal program for better weather control
because "bad weather hurts small farmers a
lot more than those dastardly corporate
giants."
VIETNAM CHILDREN'S CARE
AGENCY
THE GREAT RAIN SCANDAL
HON. ROBERT H. MICHEL
OF ILLINOIS
IN THE HOUSE OF REPP.ESENTATIVES
Tuesday, January 9. 1973
Mr. MICHEL. Mr. Speaker, as I was
looking through this month's issue of the
Farm Journal, I came across the follow-
ing article which I commend to the at-
tention of my colleagues without further
comment. The article speaks for itself:
The Gre.-vt Rain Scand.al
The USDA knew that we'd have a rainy
fall, but they kept it under their hat, con-
gressmen are charging. Farmers who har-
vested late claim those who beat the bad
weather had unfair advantage and reaped
higher soybean prices.
Mud is flying 'in and out of the fields.
USDA officials are accused of being "cozy"
with the Weather Bureau, and of having ad-
vance information that this would be a wet-
ter-than-normal harvest season.
Yet instead of sharing that information
with farmers, USD.\ officials (allegedly) let
the weather unfold a day at a time.
Secretary of Agriculture Earl Butz insists
he had no idea how extensive or heavy the
rains would be until he found water In the
basement of his Indiana homestead. But In-
side sources say Butz bought 5-buckle boots
in September.
Farmers wlio got their soybeans harvested
early, before the price rise, maintain they
HON. ROBERT W. KASTENMEIER
OP WISCONSIN
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. KASTENMEIER. Mr. Speaker, on
January 3, 1 introduced H.R. 61, to estab-
lish the Vietnam Children's Care Agency.
In the 92d Congress, both the House and
the Senate accepted the Vietnam Chil-
dren's Care Agency proposal, which I
sponsored, as an amendment to the For-
eign Assistance Act of 1972. Unfor-
tunately, due to various differences be-
tween the House and Senate versions of
the foreign aid bill which could not be
resolved, the measure died when the 92d
Congress adjourned.
The need for the Vietnam Children's
Care Agency still exists. It is estimated
that there are about 700,000 children in
South Vietnam who are orphaned or
abandoned as a result of the war. These
children have suffered terribly during the
course of the conflict, and many are vic-
tims of our military operations in South
Vietnam. They will continue to suffer
even more as oui* servicemen withdraw
from that nation. The problem of caring
for these youngsters is immense, far be-
yond the capabilities of the present
South Vietnamese Government, and to
abandon these young victims of the war
would be cruel and inhumane. Thus, it is
both necessary and appropriate that our
Government begin to assume the moral
obligation to help care for these children.
The Vietnam Children's Care Agency
legislation authorizes $5 million, most of
which will be allocated for the estabhsh-
ment, improvement, and expan.sion of
South Vietnamese day care centers, or-
phanages, hostels, school feeding pro-
grams, and related programs in health,
welfare, and education for South Viet-
namese children. A second purpose of
this bill is directed toward those South
Vietnamese children who have no family
or guardians, and are, therefore, eligible
for adoption, and for whom an accept-
able home can be found in the United
States. While emphasis will be focused on
facilitating the adoption of the thou-
sands of orphaned or abandoned chil-
dren of American fathers, by no means
does this exclude the adoption of all-
had no prior knowledge of late-fall rains. "If
we had, why wouldn't we have planted lesa Vietnamese dxildren who are homeless.
ixnnren
10
In the past, those Americans T^lshing to
adopt Vietnamese children experienced
interminable delays and were required
to pay exorbitant fees. This measure
would seek to untangle the bureaucratic
snarl that has developed in the United
States-Vietnamese adoption process and
would serve to expedite procedures when
any complications arise.
Mr. Speaker, the enactment of this
legislation will represent the beginning of
the commitment the United States must
make in acknowledging our contribution
to the suffering of these youngsters, and
in a'^suming our responsibility to help
these innocent children.
POLICE CHIEF NAMED TO PLANNING
COUNCIL
EXTENSIONS OF REMARKS
Ing today In Waukesha to help the Southeast
council make recommendations In fund allo-
cations for the broad areas. ColUgan has been
police chief of Elkliorn since being appointed
July 1. 1969. Formerly he had been with the
Wisconsin motor vehicle department.
An organizational meeting of the south-
cast area was held last week In Racine, at
which Lt. Roger Schoenfeld, of the Kenosha
county sheriffs department was named
c)i airman of the agency. The chairman, Lake
Geneva Police Cnief Robert Clapper and Col-
Ugan comprise three of the five law enforce-
ment ofScers on the Southeast council. Other
members include a Judg?. a Juvenile court
administrator, a social worker, a mayor, a
county board chairman, a county board
member, a district attorney and five citizens.
The new planning council is also expected
to make comnifttee appointments over the
next few monihs for specialized program
areas.
January 9, 1073
HON. LES ASPIN
OF WISCONSIN
IN THE HOUSE OF REPRESENTATIVES
Tuesday. January 9, 1973
Mr. ASPIN. Mr. Speaker, Police Chief
Bernard Colligan. a constituent of mine
from the First District of Wisconsin was
recently named by Gov. Patrick Lucey to
be a member of the Southeast Wisconsin
Criminal Justice Planning Council. This
council is responsible for distributing
Federal funds in the State and for im-
proving the criminal justice system.
With the experience that Chief Colligan
has had in this field. I am sure that he
will make a valuable contribution to this
council. I would like to c ai to the atten-
tion 01 my colleagues an article con-
cerning Chief Colligan and the council
to which he has just been appointed:
F'l.L! E Chief N'a.meo to Planning Cotjncil
Police Chief Bernard Co!ligan is cne of 18
persons in a six county area to be appcinled
to the Southeast Wlscon.-.in CrlminalJustlce
Planning council.
The non-partisan district appointment was
made by Gov. Patrick Lucey earlier this '
monch and Is a part of the Wisconsin Coun-
cil on Criminal Justice that was created un-
der the omnibus crime control and safe
streets a'-t to distribute fedsrp.l funds In the
state and to improve the criminal justice
.system.
Presently the state ccuncil and Its 10 af-
liliated dl;tr:?t councils hav. 46 p-o]ects in
10 program areas Involved in upgrading law
enforcement personnel; prevention of crime
with emphasl-- on public education, narcotics
and dangerous drug education, prevention
and treatment: prevention and control of
juvenile delinquency: improvement of detec-
tion r.nd apprehension -.it criminals through
improvod police communications, tec'rnolngv
and "equipment: educational programs on
judicial and prosecution procedures and lepal
defense and increase the efTectivenes.'? of cor- '
rectiDns and rehabilitation, and reintegra-
tif n of the offender into the community.
As mentioned previously, the state coun-
cil has $11 '2 million in funds to allocate to
these specific areas. The district councils
such as the one comprising Walworth, Ra-
cine. Kenosha. Ozaiikee. Washington and
Waukesha counties, will have responsibilities
in studying funding requests from public
and private agencies as well as Initiating
proje-'-s as needs are seen or planning
dictates in the future The district ccuncils
will be '-elping the state planning agency to
decide en the allocations, which must be ap-
proved by the federal government.
Coll'gan. who is one of two appointees
from Walworth county. Is to attend a meet-
ACTION NEEDED TO PREVENT
DEATHS FROM SMALL ARMS
HON. ROBERT McCLORY
OF ILLINOIS
iI.N THE HOUSE OF REPKESENTATIVES
Tuesday. January 9. 1973
Mr. McCLORY. Mr. Speaker, the sub-
ject of gun control is one which has pro-
vided great controversy and frequent
misunderstanding in the U.S. Congress
and our State legislative bodies. While
I have been sensitive to the need to pre-
serve our constitutional right to possess
and bear arms. I have become convinced
that some national criteria should be es-
tablished for identification and for the
possession and use of pistols and
revolvers.
Mr. Speaker, another shocking in-
cident was reported in the New York
Times of January 2. 1973, about a
woman of 30 years of age who attempted
to park her car and became enraged
with a man driving another car who was
^'ing to take the same parking space.
Tlii'^ woman proceeded to fire at the per-
sons in the other car, killing one person
and wounding two others. She then sped
a-A .V with her male companion. This
incident was one of four such shootings
which occuirec'. during the early evening
ho'i-. of January 1. 1973, in New York
City.
A recent editorial in the Chicago
Tribune of Wednesday. January 3 1973
recounts, several fatal experiences with
handauhs which might have been
avoided by the enactment of some ap-
propriate statutory regulation. The New
Year's holiday deaths attributable to
small arms are reported in the attached
editorial:
Shooting in the New Year
The National Rifle Association and other
opponents of strict gun control often remind
us of the many justifiable uses of guns We
Invite them 'o examine the grim uses to
which police say these weapons were put In
Chicago during the New Year holiday.
Six-year-old Elva Cano was shot and killed
by her own father, who explained he was try-
ing to unjam his .25 automatic when It acci-
dentally fired. Ivan Manqual. 3, was shot and
wounded by his father, who was firing a gun
to celebrate New Year's Eve.
Mrs. Mlyoka HoUey. 23. was shot and killed
during a New Year's argument with her hus-
band Jacqueline Nobel, 14, was shot and
wounded when a New Year's celebrant fired
a gun In the direction of her window Radian
Vojlnov, 30, was found shot, killed and
robbed at a Douglas Park elevated station
A suspect was later arrested, carrying a .2''
caliber pistol and Mr. Vojinov's wallet An'
tonlo Loza, 36. was shot and killed durini
an argument over a woman. Henry Judkins
37, sitting alone in a bar, shot and killed
himself.
Robert Ellis. 36, convicted robber and ac
cused "Friday night rapist" of the Near North
Side, was shot and killed by Ann Leybourne
a policewoman trainee. Ellis was free from
the rape charges because of a questionable
ruling by Criminal Court Judge Earl Stray-
horn that identification of Ellis in a police
Uneup was Inadmissible because there was
no other person in the lineup with Ellis'
hairline.
Ellis was killed with his own gun. Accord-
ing to Miss Leybourne. he had abducted her
in her car at gunpoint. When his attention
was distracted, she was able to shoot him
once with her gun. When he knocked that
away, she .seized his gun and shot him three
more times.
It was worth noting that all of the identi-
fled guns in these shootings were handguns'
that Miss Leybourne. as a member of the
police department, was the only one aufhor-
ized to carry a gun [most of them apparent-
ly were not even registered]; and that the
shooting in whicii she was Involved was the
only Justifiable one In the bunch.
The lesson here is Inescapable. If the pos-
session of handguns were limited to those
with a legitimate use for them, a great many
unnecessary and senseless deaths might be
prevented. And this will never be achieved if
we don't start now by imposing strict con-
trols on the availability of handguns and by
more diligent application of existing stop and
frisk laws.
While guns are praised for their useful-
ness In hunting and self-defense, they con-
tinue to be used for murder, roberry. sui-
cide, and even New Year's noise-making.
These tragic shootings were among the first
of the year, but we're afraid they will not be
the last.
ADxMINISTRATOR TOM KLEPPE CON-
TINUES AS ADMINISTRATOR OF
SMALL BUSINESS ADMINISTRA-
TION, ASSURING CONTINUITY IN
SMALL BUSINESS ASSISTANCE
PROGRAMS
HON. JOE L. E*'!MS
OF TENNESSEE
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. EVINS of Tennessee. Mr. Speaker,
I was pleased to note in the press recent-
ly that our former colleague, the Honor-
able Tom Kleppe. will continue as Ad-
ministrator of the Small Business Ad-
ministration. One of the great problems
which ou'- Small Busine.ss Committee has
noted with respect to the operation of
SBA has been the frequent changes in
Administrators — SBA has had 11 Ad-
ministrators since 1953.
Tom Kleppe is an able, energetic, and
dedicated Administrator and champion
of small business, and certainly I wel-
come the prospect of continuing to work
with him and cooperate with Adminis-
trator Kleppe in the years ahead. His
reappointment will assure continuity and
experience in the office of SBA Adminis-
trator, which is needed in the public in-
terest.
January 9, 1973
ZAUBER ON FREEDOM
HON. JAMES M. COLLINS
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. COLLINS. Mr. Speaker, out in
the Oak Cliff suburb of Dallas, we have
a progressive editor named Ray Zauber.
He has an innovative mind and a strong
belief in the principles that built our
Eepublic.
Zauber writes a well-read column in
his Oak Cliff Tribune. In a December 1972
issue he headlines a column called "De-
partment of Freedom Our Proposal."' It
is a timely suggestion as Congress con-
tinues to "build a more autocratic, all-
powerful Federal Government, which
takes away individual liberties. It is time
that the cause of freedom had more out-
spoken friends in Washington. Here is
the stimulating proposal from Ray Zau-
ber in the Oak Cliff Tribune:
Department of Freedom Our Proposal
(By Ray Zauber)
Scratchpad read somewhere last week that
President Nixon Is seriously considering the
establishment of a Department of Peace.
Even though the Chief Executive has made
many recent headlines about his determina-
tion to start hacking at the mammoth fed-
eral bureaucracy, the Peace Department pro-
posal certainly strikes a responsive chord.
At first blush.
The Vietnamese conflict has created deep
fissures In our great society and has been a
cause celebre for academe, the Intelligentsia,
the pacifists and the ultraliberals.
That determined minority of American
voters who so often exercise control far be-
yond their actual numbers would vmdoubted-
ly find a peace secretariat providing a tempt-
ing target.
Imagine such a government division, head-
ed by some egg-head of the George McGov-
ern stripe and dedication, creating interna-
tional headlines with idealistic and
Impractical suggestions for Ijrotherly love
among nations and races.
with our own tax funds to defray the cost,
such a department could attract the largest
congerie of kooks and oddballs ever assem-
bled by any government of any nation. And
we are the first to admit that Washington.
D.C.. has already attracted its share of
weird ones.
Instead of a Utopian agency which wotild
change directions abruptly in the event of
Ted Kennedy's election to the presidency,
why not opt for a Department of Freedom?
Peace without freedom Isn't worth the price
unless the reader happens to sympathize
with the "l>etter red than dead" theory.
A Secretary of Freedom could be charged
with a gigantic educational program to purge
American history books. He could direct his
energies toward rebuilding American Ideal
and reconstructing America's incomparable
history.
American children could be taught that
freedom is very dear and that the price Is
extremely costly. He could repeat the awe-
some chapters of America's great battles for
Independence and the never-ending vlgUance
which freedom has demanded.
President Nixon's thirst for peace Is noble.
The President's motives cannot be faulted,
even if he has an eye cocked at the history
books.
But peace Is elusive. One nation, no matter
how powerful or how well-intentioned, can-
not maintain peace by itself. If the fellow
EXTENSIONS OF REMARKS
across the border starts shooting or explod-
ing bombs, self-defense or annihilation are
usually the options.
A Department of Peace, by logic and nec-
essity, would attract pacifists. A Department
of Freedom should attract patriots.
One department would be projecting a
dream; the other would be offering practical
programs for maintaining peace through
strength.
Surely the citizens of the world must be
cognizant of America's compassion and no-
bility. We have started no wars. We have
helped our defeated enemies. We are Santa
Claus to the entire glob?.
But unless we remain free, a philosophy
of government which Is headed by tyrannical
despots win eventually gain control of all
men. The slavery of communism provides a
very bleak future for the history of mankind.
Tlie United States — almost standing
alone — Is the final bulwark between freedom
and slavery.
A Department of Freedom, properly or-
ganized and purely motivated, could be the
greatest legacy Richard Nixon could leave
to future generations of America.
711
Proclamatiok
BERKELEY PROCLAIMS "PHIL CHE-
NIER DAY" TO HONOR OUTSTAND-
ING RESIDENT
HON. RONALD V. DELLUMS
OF C.\I,lFORNIA
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. DELLUMS. Mr. Speaker, from time
to time. amid.st the turmoil and con-
troversy that centers around the coming
of age of each generation, a figure
emerges who, for various reasons, stands
out among peers, and who through sheer
effort, dedication and hard work —
through the dent of unusual character,
personality and personal perspective,
raises a symbol of hope and inspiration
that cannot fail to attract our attention.
In the city of Berkeley, in recent years,
such a young man emerged in the pres-
ence of Mr. Philip Chenier. He was born,
raised, and educated in Berkeley, the son
of proud parents, Gene and Peggy Che-
nier, who themselves are symbolic of
what a family can do despite the dis-
appointments of our social problems and
the shortcomiiigs of our urban environ-
ment. Phil always iisplayed a passion for
work, commitment and later, profes-
sional performance, that was truly re-
markable. He excelled in basketball at
Berkeley High School and the University
of California, and in one and a half short
years, has become an outstanding profes-
sional performer with the Baltimore Bul-
lets.
Phil Chenier means something special
to the city of Berkeley.
He should mean something to all the
people of this country as they have an
opportimitj to learn of his signal
achievements. It is to this end that I
place in the Congressional Record a
proclamation offered by the city of
Berkeley through its mayor, the Honor-
able Warren Widener, in hopes that I
may do my part in commending this
young man, Mr. Phil Chenier, to the
Nation:
Whereas, the youth of the City of Berkeley
are seldom offered Inspiration for achieve-
ment In a public forum, and
Whereas, public recognition of talent and
value generates such inspiration, and
Whereas, Philip Chenier, a native of the
City of Berkeley, has exemplified himself in
the field of professional sports and has a
history of concern for and Involvement with
young people In the City of Berkeley, and
Whereas, a broad spectrum of Berkeley citi-
zens have urged that such recognition be
given to Philip Chenier for his athletic and
scholastic achievements, as evidenced by his
being the recipient of 63 trophies and 204
scholarship offers at the age of 17.
Now, therefore, be it resolved, that I,
Warren Widener, Mayor of the City of Berke-
ley, do hereby proclaim January 12. 1973
Philip Chenier Day In recognition of his
talent and achievement In the field of pro-
fessional sports and In recognition of the
dearth of opportunities for motivation of
Berkeley youth In a public forum.
AMERICAN HUNGARIAN FEDERA-
TION SHOWS DEEP CONCERN FOR
THE PROBLEMS OF EAST CENTRAL
EUROPE
HON. GERALD R. FORD
OF MICHIGAN
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9. 1973
Mr. GERALD R. FORD. Mr. Speaker,
on November 4, 1972. the American Hun-
garian Federation at its quadrennial con-
vention in Philadelphia unanimously
adopted a resolution calling for support
of the administration's policies on freer
movement of ideas and true reciprocity of
cultural relations with East Central
Europe and the Soviet Union.
The resolution also referred to the
principles laid down for international
relations by the United States and the
Soviet Union and reminded us chat we
must be watchful lest U.S. policy be mis-
construed by the Soviets for the purpose
of preventing free political development
in East Central Europe.
With this caution in mind. I think it
can be said that developments in recent
years have created such a degree of
mutual recognition of essential interests
between East and West that East -West
relations can be put on a quantitatively
new level by expanding the areas of co-
operation. These new conditions have
been created both at the level of the
superpowers and by West European di-
plomacy.
Besides mutual force reductions and
possibly an enlarged SALT II, a future
European Conference for Security and
Cooperation is now at the center of at-
tention as a possible means to initiate in-
stitutionalized East-West cooperation in
various fields.
There is little doubt that the chances
for immediate steps in East- West coop-
eration have improved significantly. But
only concrete negotiations based on the
realities of the situation in East Central
Europe will show whether the rising
hopes can be fulfilled.
I share the deep concern of the Amer-
712
lean Hungarian Federation for the prob-
lems of East Central Europe. We must be
ever mindful of the consequences of any
actions we may take concerning that
area.
COMMEMORATING THE 50TH ANNI-
VERSARY OF SOUTH GATE, CALIF.
HON. GLENN M. ANDERSON
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. ANDERSON of California. Mf-
Speaker, on January 20, the citv of South
Gate, Calif.— the Azalea City— will cele-
brate its 50th anniversary as an incor-
porated city.
Formerly a part of the old Rancho San
Antonio, with caballeros, vaqueros, In-
dians, and cowboys, South Gate's mete-
oric rise has been phenomenal. For this
area contained only vast fields of cauli-
flower and barley until December 14,
1917. when Mr. and Mrs. C. J. Tope
moved into the first house of what is now
a thriving community of over 58,000 resi-
dents.
By December 1919, over 125 homes had
been constructed, and the population
had grown to approximately 500 resi-
dents. In addition, the residents estab-
lished a local school which had an en-
rollment of 52 students.
The early settlers soon organized the
South Gate Improvement Club, which
met every 2 weeks. Two of its members,
Mrs. Tope and Mrs. Shook, felt that a
church was needed in the community,
and on July 18, 1921, the South Gate
Gardens Community Presbyterian
Church V. as organized, composed of 30 or
40 members, representinr 12 denomina-
tions.
By autumn of 1922, the local citizeds
felt that their infant community had
reached the stage of incorporation. A pe-
tition for incoporating the town of South
Gate, signed by more than 50 qualined
electors, was presented to the board of
supervisors. To determine the will of the
voters, an election was held on Janu-
ary 2. 1923. and a majority favored incor-
poration.
A board of trustees was elected, consist-
ing of I. W. Lampman. J. H. Woods. C. A.
Shaw. Frank A. Moore, and Agnc? W.
Foster. Mr. G. H. Hurd and Mr. James W.
Shope were South Gate's first city clerk
and city trea.>urer, respectively.
However, the city's official birthday is
Janu.iry 20, 1923— the day Frank C. Jor-
d .n, the secretary of the State of Cali-
fornia, certified South Gate, with 2,500
re.sidents. as an incorporated city.
During the fir.it year of incorporation,
the growing commimity established its
own form of public transportation, con-
sisting of an antiquated Maxwell, driven
by Mrs. Nina Murray, who cruised south
on Seville Avenue to Liberty Boulevard,
east on Liberty to Otis Avenue, and re-
turn.
The following year, 1924, South Gate
organized its first police department, and
dedicated the South Gate City Hall, at
Post and Victoria.
EXTENSIONS OF REMARKS
By the end of 1930, South Gate's pop-
ulation had grown to 19,632 and possessed
a taxable wealth of over $14.5 million.
New industry continued to move into the
city, and practically all of the streets
were well paved and studded with orna-
mental light standards.
Due to the progressive leadership,
favorable and pleasant surroimdings, and
dedicated, hardworking citizens, the city
of South Gate has prospered and has
continued to lead the way for other cities.
The beautiful parks, balanced industrial,
commercial and residential growth, su-
perior schools, and the active and talent-
ed residents have brought South Gate,
with a background of romance and ad-
venture, into an era of impressive suc-
cess.
Under the watchful eye of their dedi-
cated mayor, Frank Gafkowski, Jr., and
Vice Mayor Don Sawyer, with the guid-
ance of a talented city council, composed
of Ruth E. Wakefield, Harold Prukop, and
Bill L. Cox, and with devoted public
servants, such as City Clerk Dorothy Mc-
Gafifey, and Treasurer Flora McClure,
South Gate's future is as bright as her
past.
Mr. Speaker, it is with great pride that
I take note of the great accomplishments
of the people of South Gate, and I salute
her for her 50 years of progress which
have led to a commimity that combines
the best qualities and advantages of Cali-
fornia living.
Jayiuarij 9, 1973
PANAMA CANAL: HEART OF AMERI-
CA'S SECURITY— REVIEWED IN
LITHUANIAN LANGUAGE NEWS-
PAPERS
)lON.
DANIEL J. FLOOD
OF PENNSYLVANIA
IN THE HOUSE OP REPRESENTATIVES
Tuesday, January 9, 1973
Mr. FLOOD. Mr. Speaker, those who
have followed my addresses in the Con-
gress know that over many years two of
rny major interests have been captive na-
tions and the interoceanic canal ques-
tion. It was, therefore, most appropriate
that the prominent Lithuanian language
newspaper Darbininkas published a re-
view of the important 1972 book bv Jon
P. Speller on "The Panama Canal: Heart
of America's Security."
In addition to his years of study of
problems of hemispheric defense and
Panama Canal, Mr. Speller, r.-, the per-
sonal secretary to the late Comdr.
Sergius M. Riis, former League of Na-
tions adviser to the Baltic States, has
had a very active interest in those coun-
tries. He is now executive editor of the
international magazine. East Europe.
The review of the Speller volume was
written by former Lithuanian Minister
of Agriciiltj.re Juozas Audenas. vice
president of the Supreme Committee for
the Liberation of Lithuanic. Dr. Bronls
J. Kaslas mentioned in the review is pro-
fessor of history, Wilkes College, Wilkes-
Bar re, Pa.
A tran.slation of the indicated review
follows as part of my remarks:
[Translation from Lithuanian]
A Book on the Panama Canal — "The Pan-
ama Canal: Heart of America's Secl-rity"
This book has been written by Mr Jon p
Speller, editor of the East Europe magazine
The book contains six chapters, enclosures
and blbllogwphy. The author exposes the
following basllc ideas: (a) The United States
of America hkve the sovereign rights to Pan-
ama Canal; (b) Joining two oceans— the At
lantlc with the Pacific— the Panama Canal Is
the heart of America's security.
Supporting his thesis by numerous docu
ments, the author Is proving the legal and
practical aspects of this Important problem
If the administration of the Canal falls into
some other hands, there Is no doubt that the
Soviet Navy will start demonstrating in the
areas of the South American continent too
The book is illustrated, hard cover, beau-
tifully printed. It was published by Robert
Speller & Sons Publishers, Inc., 10 East 23rd
Street, New York, N.Y. 10010. Price $5.95
America's security is of a paramount im-
portance to all people of this country, among
them to Lithuanians. The same publishers
are to print also the documentary history of
the Soviet-Russian and Nazi-German con-
spiracy against Lithuania, prepared by the
Supreme Committee for the Liberation of
Lithuania and edited by Dr. Bronls Kaslas.
Darbininkas.
BALDWIN AND ROBERTS HEAD LAW
ENFORCEMENT YOUNG ADULT
PROGRAM
HON. LES ASPIN
OF WISCONSIN
IN THE HOUSE OF REPRESENTATIVES
Tuesday. January 9, 1973
Mr. ASPIN. Mr. Speaker, two constit-
uents of mine were recently elected tem-
porary copresidents of the newly orga-
nized young adult program of the
Evansville Pohce Department in Wiscon-
sin. I commend these men for their par-
ticipation in this program. Communica-
tion and understanding between youth
and law enforcement officials is gieatly
needed and hopefully this organization
can help fill this need.
I would like to call to the attention of
my colleagues an article which details
more fully this new organization and the
positions these fine men will hold in it:
[From the Evansville Review, Dec. 28. 1972|
Baldwin and Roberts Head Law Enforce-
ment Young Adult Program
Paul Baldwin and Roger Roberts were
elected temporary co-presidents of the newly
organized young adult program of the Evans-
ville Police Department.
Thirteen youths attended the first organi-
zational meeting Monday evening at the local
municipal building. Several more youths are
known to have Interest In Joining this unique
group.
To assist youths not. at Monday's meeting
to still be eligible for charter membership
a followup meeting has been set for Thurs-
day, Dec. 28 at 7:30 pm. at the municipal
building. Charter registration fee is 82.50
per year.
At Monday night's session Police Chief
Richard Luers explained the relationship be-
tween his department and Exploring B.S A.. .
through which the national charter U
granted. He likewise explained many aspects
of law enforcement as future programming
ideas, as well as how he and his own officers
are Involved In this program.
January 9, 1973
Explorer Post 501, specializing in Law En-
forcement is now a reality. The following
voung adults attended the first meeting and
voted to fully organize this on-going pro-
gram; Baldwin RoOerts, Pamela Scldmore,
Brad Shoemaker, Gerald Lange. Don Miller,
Bill Olson. Dan Jones, Rich Neuenschwander,
William Olmsted, Don McNamer, Barry Lange
and Randy Crans.
The group is open to any youth 15-20 years
of age. Those interested are asked to attend
the Dec. 28 meeting.
THE RIGHT TO TRAVEL
HON. BELLA S. ABZUG
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Ms. ABZUG. Mr. Speaker, I rise to
take note of what I deem a most tmfor-
tunate use of the Congression.^l Record.
Recently, the senior Senator from Mis-
sissippi inserted into the Record a list
of Americans who had allegedly traveled
to Cuba to cut sugar cane and to meet
the Cuban people. This list was broken
down by States, and included the names
and addresses of the individuals said to
have taken this trip.
We are all living together on this
earth — Americans, Cubans, Russians,
Chinese, French, Indian, Congolese,
women, men, yoimg and old. People from
different nations, different political and
economic systems, and different walks of
life should take every opporttmity to meet
and to try to bridge the gaps that sepa-
rate them from one another. I have sup-
ported the efforts of our Government to
open lines of commmiication with the
Soriet Union and the Peoples Republic of
CMna. and I also support those who are
seeking to open lines of communication
with Cuba.
We are very proud of our democracy
and often boast that it is the best polit-
ical system around. If we are really
sm-e of that, we should allow our citizens
to travel to all the countries of the world
without fear that they will somehow be
tainted by the experience.
Senator Eastland's insertion into the
Record constitutes a deliberate attempt
to punish these individuals for their in-
terest in visiting a country with an eco-
nomic system different from ours. It
seeks to chill their exercise of their right
to travel and their desire to learn about
other countries of our world.
I am one American who believes in the
ultimate wisdom of the people, and I be-
lieve that the people must have free
access to knowledge about the state of
the world, not only as spoon fed to them
by the public relations offices of the
White House, the Department of State,
and the Department of Defense, but also
through firsthand access and observa-
tion.
I regret this attack on the group who
visited Cuba and hope that it will not
deter other Americans from making
their own firsthand observations of our
neighbor nation and other nations all
over the world.
cxix-
-46— Part 1
EXTENSIONS OF REMARKS
FACTS CONCERNING AMNESTY FOR
DRAFT DODGERS
713
HON. 0. C. FISHER
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. FISHER. Mrs. Speaker, the issue
concerning amnesty for draft dodgers
and deserters may be projected again.
The American people have made it clear
they want no part of amnesty for those
who chose other lands instead of serv-
ing their own cotmtry.
As evidence of public opinion on this
subject, in response to a question — "Do
you favor amnesty for draft dodgers?"
submitted to every registered voter in my
district, 9.1 percent registered approval
and 88.7 percent gave a negative answer.
Under leave to extend my remarks, I
include an excellent statement on am-
nesty by Wayne J. Thorburn, executive
director of Yotmg Americans for Free-
dom, presented to the Democratic Na-
tional Convention Platform Committee
last June. It follows:
Statement bt Wayne J. Thorbubn
The membership of Young Americans for
Freedom includes many veterans of the Viet-
nam War. While YAF has not taken an offi-
cial position on amnesty for deserters and
draft dodgers, I believe that the following
statement accurately reflects the sentiments
of those veterans and most of our mem-
bers: We would not favor amnesty.
The reasons for our position are several.
First and most important, to permit am-
nesty is. In effect, to say, "If you think a law
is Immoral, break it, because you may very
well find that society changes Its mind, for-
gives you and does not punish you." More
simply It says, "You were completely right to
disobey the law."
As conservatives, we In YAF believe In
individual freedom, yet we are also aware
that the concept of government becomes
meaningless If Individuals are free to pick
and choose those laws they will obey and
those they will disobey. While those who have
decided that the Vietnam War is totally Im-
moral and Indefensible may brush this argu-
ment aside. I suggest they ask themselves If
they would so readily forgive a white racist
who follows his conscience and blows up a
black church, or on a more mundane level,
excuse those whose consciences told them a
given government program was immoral and
therefore refused to pay the taxes to support
it (in which case we as conservatives would
be paying very few taxes Indeed.) To permit
this is to permit a government of whim, not
law.
What I am suggesting then, is not that am-
nesty is right or wrong depending on whether
the Vietnam War is right or WTong, but that
it Is wTong because It makes a mockery of
the concept of law and government. It is one
tiling to disobey a law because one feels it is
immoral, but it is quite another to expect
the society that made the law not to punish
one for that disobedience. Henry David
Thoreau and Martin Luther King expected «o
go to jail when they violated the law: their
concept of civil disobedience was not that
of those who request amnesty, nor could It
be If we are to have a society of order rather
than anarchy.
Second, one must consider the effect of
amnesty on the more than two million men
who obeyed the law and served in Vietnam.
I believe that all but a very vocal, and very
small minority of these men felt that In
America, with its free speech and democratic
system, there were ways to correct bad laws
and bad policies without breaking the law,
and that both duty and honor compelled
them to serve If called. Amnesty would Indi-
cate to them — those who survived, anyway —
that they need not have risked their lives,
that there was nothing dishonorable about
deserting or evading the draft, that they
should feel free to ignore the policies of their
country. In addition to its effect on them,
what kind of precedent would amnesty set
for those future generations that might be
called upon for similar sacrifices.
Third, and I Inject this into the discussion
only because those advocating amnesty seem
to think It a major consideration, there re-
main many In this country who do not con-
sider the war immoral or indefensible, and I
think this Includes many who would like to
see the U.S. withdraw from Vietnam post-
haste. One can reach that conclusion — the
conclusion that Vietnam Is not worth the
sacrifices of blood and treasure — and stlU
believe that our motives there were moral;
that the South Vietnamese would be better
off If the Communists lost than If they won;
that America has not made atrocities a pol-
icy, while the other side frequently has; that
our position In the world will be weakened,
as John Kennedy was aware, by Communist
domination of Indochina. In sum, to say that
most Americans now believe that Vietnam
was a mistake Is not to say that they accept
the reasons offered by deserters and draft
dodgers as to why It was a mistake, or want
those deserters and draft dodgers to be for-
given.
Finally, the argument Is made that am-
nesty was granted after some previous wars.
We would note, first, that the Civil War was
just that, a civil war, unique and not to be
compared with Vietnam. We would note, sec-
ond, that In neither World War I or World
War II was the question one of forgiving
thousands of men who of their own volition
fled their country. We would note, third, that
President Truman had an elaborate mecha-
nism to decide amnesty on the basis of Indi-
vidual cases. We would note, fourth, the
question Is not whether It was done In the
past but, whether It should have been done
then or now.
In conclusion, for a variety of reasons, but
primarily because for a democratic govern-
ment to be viable Its citizens cannot pick
and choose what laws they will obey and
what laws they will Ignore, most of us In
Young Americans for Freedom oppose
amnesty.
WILLIAMSPORT MAN RISKS LIFE TO
SAVE DROWNING WOMAN
HON. GOODLOE E. BYRON
OF MARYLAND
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9. 1973
Mr. BYRON. Mr. Speaker, occasionally
an example of heroism comes to light
that shows a deep concern for human
life and involves actions of great resolu-
tion and strength. Recently in Williams-
port. Md.. John W. Martin rescued a ^
woman who had jumped from a bridge
into the Potomac River. I would like to
commend him for his courage and his I
concern for human life.
The following article from the Hagers-
towTi Daily Mail by Tom Ferraro gives
the dramatic stoi-y of this successful res-
cue:
hi
714
Man Rescues Woman Prom River
(By Tom Ferraro)
John W. Martin strolled by the Potomac
River bridge at Willlamsport early Wednes-
day afternoon on his way to help his uncle
rep.iir a car.
His walk was Interrupted, however. He
stopped to .save the life of a woman who
apparently tried to commit suicide by jump-
ing from the span.
"T saw this red flash plunge off the bridge
and Into the water ... I could hear ivsmack,"
he recalls.
•'I thought, 'mv God. did someone jump
dS?'"
Martin. 26. ran onto the bridge, some 100
feet above the cold, fast water, and spotted
the 52-year-old woman below.
I saw her arms flash up twice. She bobbed
.ip and down in the water . . . and then
.vent under."
The rural Willlamsport man raced to the
•Iver bank, pulling his shirt and boots off
)n the way.
I just started swimming. The only thing
thought about was saving her life. She
nust need help."
The current was strong, but Martin, an
ib:e swimmer, churned through the water.
finally, after battling the cold and current
; or about 10 minutes, he reached her.
She was mumbling. She seemed terrified,"
le .says.
He prabbed her and started for the shore.
They quickly began drifting downstream
loward the waterfall located about 300 feet
i.'.' ay.
I saw out of the corner of my eye the tall
irees that told me ive were getting near the
lalLs I recalled from my childhood that many
people died from It."
Martin's wind grew short. His back ached,
^is arms and legs seemed like dead weight.
"I thought I was going to die." he says,
ifecalllne the event In a quiet voice. "I didn't
think wf» were both going to make it. I w^s
scared. Real scared.
"I decided to leava her and save my own
fe. But then I changed my mind. I couldn't
(t her die."
The woman didn't struggle. She oiUy mum-
eel and cried.
.Martin pushed, pulled and shoved her 140-
und frame toward shore. Despite the cur-
t. he was beginning to make progress.
After 20 minutes of struggling, he saw the
nk only 20 feet away. Breathless, he tried
stand, but the water was too deep.
He kept on. finally pushing the woman
thin an arm's length of land.
Two men who had witnessed much of the
scue yanked both ashore.
"They had her up first , . . and then me.
fell to the ground. I couldn't walk and
luld hardly move All of a sudden I realized
w cold the water must have been. My arms,
nds and toes began stinging."
Within moments, an ambulance arrived.
n and the woman were rushed to Wash-
ton County Hospital.
On the way, the woman leaned over and
Id to Martin. "Why didn't you let me die?"
Martin didn't reply. He said he thought,
must need help. She must need mental
ention. I hope she's cured so some day,
haps, she'll want to live again."
Martin and the woman were treated at the
h4spltal for cold and shock. Martin was re-
in good condition. The woman was
o reported in good condition and then
nsferred to a state hospital In Baltimore.
Police said the woman was released from
hospital hours before her attempted sul-
le. They said she had been sent there after
earlier suicide attempt.
r mt
to
ul
I
c
hb
h i
Martlr
Irs
i'he
at t
P' r
lei ised
al ;
tr|i
t
ci
ar
EXTENSIONS OF REMARKS
RESIGNATION OF ROBERT M. BALL
HON. CLARENCE D. LONG
or MARYLAND
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9. 1973
Mr. LONG of Maryland. Mr. Speaker,
the President has accepted the resigna-
tion of Robert M. Ball from his post as
Commissioner of Social Security. Mr.
Ball has spent 30 years in the service of
our Federal Government.
He earned his baccalaureate degree in
1935 and his master of arts in 1936, both
in economics, from Wesleyan University
in Connecticut. In 1939, Mr. Ball joined
the old Social Security Board as a field
representative. By 1953, he had advanced
to the position of Deputy Director, Bu-
reau of Old Age and Survivors' Insur-
ance.
When the Social Security Administra-
tion was created in 1962, Bob Ball became
its first Commissioner. He has served in
his present position for almost 11 years.
I wrote President Nixon to let him
know of my deep regret that he had ac-
cepted the Commissioner's resignation. I
would like to share my letter with you, as
I feel it expresses the admiration of many
of us for the outstanding job Mr. Ball
has done as Commissioner:
House of Representatives,
Washington. DC. January 9. 1973.
Hon. Richard M. Nixon,
The White House.
Washington. DC.
Dear Mr. President: I have learned with
great regret that you are accepting the resig-
nation of Robert M. Ball, Commissioner of
Social Security for almost 11 years, effec-
tive upon the naming of his successor.
During the 11 years Commissioner Ball has
headed up the Social Security Administra-
tion, Its workload has grown remarkably. The
workforce of 33.000 In 1962 Is now at 52,000.
Checks went to 18.1 million people in 1962;
they now go to 24.8 million individuals each
month. Those checks totalled $1.2 billion
each month In 1962; today $3.9 billion Is
paid out each month under Commissioner
Balls supervision. The physical expansion of
Social Security Headquarters in Baltimore
echoes the expansion of the Social Security
program, to encompass such major new de-
velopments as Medicare and such ongoing
programs as disability Insurance and Spe-
cial Age 72 payments for the elderlv who did
not have the opportunity to gain Social Se-
curity coverage, to name just a few.
Throughout his tenure, Commissioner Ball
has kept the operation of the Social Secu-
rity Administration at an admlrablv high
level. The payments his Administration
makes and the cases it adjudicates touch
the lives of every citizen who has an older
or disabled relative. The Commissioners per-
sonal contribution to the high calibre of this
service has been marked by the Rockefeller
Public Service Award and the praises of the
National CivU Service League, which have
commended him not only for his acknowl-
edged expertise in the pension and social
welfare field but for his administrative
prowess.
In addition, the Commissioner has earned
the respect and admiration of those Members
of Congress who have worked with him
through the past two decades In writing the
significant legislation of our Social Security
program. His readiness to aid Members of
Congress and the Senate In their understand-
ing of these programs and in the resolution
January 9, 1973
of their constituents' problems sets a hlch
standard not only for his successor but for
other agencies of the Executive Branch
It will be essential in the coming months
and years to have a man at the hefm of the
Social Security Administration with the
wisdom, experience and expertise of Robert
Ball. He has given thirty verv productive
years to his country in the Federal civil serv
Ice but I am sure you join me in the hone
that he will continue to use his experience
in the pension and social welfare field to the
advantage of us all. He is one of the talented
people who are a scarce national resource- I
wish you well in finding as capable and tal-
ented a man to succeed him.
Warm regards,
Clarence D. Lon-g.
MASON ELECTED ASSOCIATION
PRESIDENT
HON. LES ASPIN '
op Wisconsin
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. ASPIN. Mr. Speaker, a constituent
of mine, David J. Mason was recently
elected president of the Greater Beloit
Association of Commerce. Mr. Mason has
been active in civic and community af-
fairs for many years and I congratulate
him on his recent election. I am sure he
will be a great contributor to this or-
ganization. I am happy to bring to the
attention of my colleagues an article
which details Mr. Mason's accomplish-
ments :
Mason Elected Association of Commerce
President
David J. Mason Is the 1973 president of the
Greater Beloit Association of Commerce.
Mason, a Beloit native, is assistant to the
president and secretary of Beloit College and
has been active in civic affairs of the com-
munity.
He is one of the few educators ever to serve
as president of the GBAC.
Directors of the association chose Mason
to succeed Donald P. GolfTon as president
during their annual meetini? Friday at
Rocco's Supper Club.
Goiffon, district manager of the Wisconsin
Power & Light Co., will remain active in asso-
ciation leadership as immediate past presi-
dent.
Officers serving with Mason, who comprised
the Association's executive committee, are
Joseph DeNucci, general manager of Univer-
sal Foods, president-elect; Richard Reul.
general manager of the Beloit exchange of the
Wisconsin Telephone Companv, vice presi-
dent: James Cleary, Beloit State Bank vice
president, treasurer: Larry Raymer. secretary
and executive vice president, and Goiffon.
meeting JANUARY 18
The new officers will be Introduced at the
association's annual membership dinner
Jan. 18 at the Plantation Motor Inn. Tickets
for the 7 p.m. event are on sale, and a turn-
out of upwards of 450 is expected.
Seated as new directors following their
election by the Association membership in a
mall vote are Carl Lund, executive vice presi-
dent of Kantor Pepsi-Cola Bottling Com-
pany; Everett Haskell, president of the Has-
kell Agency; Richard Oster, an administrator
with Blackhawk Tech, and Harold Tower,
treasurer of Beloit Corporation.
Retiring directors are WUUam Schmltz,
president of Freeman Shoe Company; Tom
Burke, Beloit Corporation executive; Attor-
January 9, 1973
n»v Leo H Hansen, and Dr. Edward Jones.
?!ch has served two terms of two years.
Named to the board as ex-ofliclo members
u-'e H Herbert Holt, Beloit city manager;
rarv Pierce Mayor of South Beloit; Arthur
Kind chairman of the Town of Beloit; Chris-
tie Thomson, president of the Women's Divi-
sion of the GBAC, and Richard Konicek, ex-
ecutive director of the Greater Beloit Eco-
nomic Development Corporation.
directors listed
Holdover directors, comprising the remain-
der of the GBAC board. Include Ted Steven-
son Fairbanks Morse vice president; Mary
Divine Leindorf, president of First Savings
and Loan in South Beloit; W. Richard Ger-
hard CPA; Virgil Waeltl, Beloit Memorial
Hospital administrator; Car! Yagla of Yagla's
camera and Television; Bill Bryden, chair-
man of Bryden Motors, Inc.; Bob Cox of A. B.
Cox & Son, and Paul Anderson of Anderson's
Jewelry.
Gordy Wermager, manager of Welse's de-
partment store; Dr. H. Daniel Green, Victor
Emilson. an account executive with The Be-
loit State Bank; Bill Storm, president of the
Jaycees, and Jack Brusberg. president of the
DownTown Council and of Brusberg's Fur-
niture.
During the last year. Mason was vice pres-
ident of the GBAC and cochalrman of the
association's legislative committee. He has
been active o\er the years in many other
community service programs and civic and
cultural organizations. Including service as
an officer or director of the American Red
Cross, Beloit Area Council of Churches.
American Cancer Society, Beloit Festival, Inc.,
the Downtown Gallery, Beloit PTA Council,
Boy Scouts of America, and Beloit 's AU-
Anierlca City committee. A former secretary
of the Calvary Lutheran Church, he presently
is secretary-treasurer of the Beloit Coopera-
tive Ministry.
Prior to being named to his present posi-
tion at Beloit College. Mason was the school's
director of public relations and a memoer of
the English department faculty. He formerly
was a member of the editorial staff of the
Beloit Daily News. In addition to holding the
B.A. degree from Beloit College, he has a
master's degree from Columbia University.
He is a member of the American College
Public Relations Association, Phi Beta Kap-
pa, and the Sigma Chi fraternity. During
World War II, he was twice wounded in ac-
tion while serving with the Infantry In
Europe.
Mason and his wife. Gloria, live at 2110 W.
Collingswood Drive. They have two children.
Holly, 17 and Keith, 14. His parents are Mr.
and Mrs. R. V. Mason, 1152 Eaton Ave.
BENJAMm FRANKLIN
HON. JOSHUA EiLBERG
OF PENNSYLVANIA
IN TH.'^ HOUSE OF REPREJ'E.N'TATIVES
Tuesday, January 9, 1973
Mr. EILBERG. Mr. Speaker, on
Wednesday January 17. 1973, our fellow
citizens will observe the 267th anniver-
sary of the birth of Benjamin Franklin,
the first major diplomat and member of
a foreign service of our country, our first
Postmcister General, founder of hospitals
and universities in Philadelphia, and
truly a citizen of the world.
Again, on this date, the Poor Richard
Club of Philadelphia will conduct its an-
nual Franklin Pilgrimage to the historic
shrines of colonial Philadelphia which
EXTENSIONS OF REMARKS
commemorate the contributions which
Benjamin Franklin made to this country.
The members of the Poor Richard Club,
which is the oldest and most widely rec-
ognized organization of men and women
ill the communications arts and indus-
try— joined by a representative of the
President of the United States, the Gov-
ernor of Penns\lvania, the mayor of
Philadelphia, and a number of the his-
toric and learned societies of Philadel-
phi;, will visit Benjamin Franklin's grave,
Christ Church, the memorial to Benjamin
Franklin at the site of the first fire sta-
tion in Philadelphia, Independence Hall,
and the Franklin Institute — can-ying out
a program of historic tribute to this great
statesman.
On the evening of January 17 the
Poor Richard Club will hold its 67th an-
nual banquet at the Bellevue-Stratford
Hotel in Philadelphia at which time they
will present their Gold Medal of Achieve-
ment to a truly distinguished citizen of
Philadelphia.
This award is one of the prize awards
of many years in the field of communi-
cations and communications media
throughout the United States. Pre\'ious
recipients include President Richard M.
Nixon; Generals Dwight D. Eisenhower,
Douclas MacArtliur, Henry M. "Hap"
Arnold, and a number of figures In the
industrial world. Including Henry Ford,
Clare Booth Luce, John Knight — exec-
utive editor of the Knight newspapers —
Gen. David Sarnoff and his .son, Robert;
Walt Disney, and Bob Hope.
This year's recipient is Mr. John T.
Gurash, chairman of the board and pres-
ident of the INA Corp.
Mr. Gurash's responsibilities, apart
from INA. call for his efforts as director
or trustee of the Compagnie Financlere
de Suez, the Adela Investment Co. S.A.,
the Girard Co. of Philadelphia Savings
Fund Society, the Tliomas Jefferson Uni-
versity Ho-spital, the national council of
Pomona CoUe^re, the Citizens Conference
on State Legislatures,
Philadelphia benefits from his service
with the crime commission of Philadel-
phia, the Philadelphia Orchestra Asso-
ciation, the Greater Philadelphia Move-
ment, the World Affairs Council, the
Navy League.
His leadership of the distinguished
civic group which studies and reported
the financial needs of schools in the
Philadelphia Archdiocese in 1927 has
been nationally recognized as the most
definite study of the relationship between
private elementary and secondary
schools and their contribution to the
community.
Mr. Gurash has been previously hon-
ored with the Gold Medal of the Nether-
lands Society, the American Jewish Com-
mittee, and an honorary degree by 'Vil-
lanova University.
He merits, deservedly and richly, to
take his place among the illustrious re-
cipients of the Gold Medal of the Poor
Richard Club.
I believe. Mr. Speaker, It is fitting for
us to recognize both the contributions of
Mr. Gurash to this country and. at the
same time, the tremendous contributions
715
which the Poor Richard Club has made in
the field of communications and commu-
nity service throughout all of these years.
This club merits recognition for its ini-
tial sponsorship of the Franklin Insti-
tute, the formation of the better busi-
ness bureau, and their work in the pres-
ervation of the historic shrines in Phila-
delphia including their contribution to
Christ Church.
ABOLITION OF THE ELECTORAL
COLLEGE
HON. CHARLES A. VANIK
OF OHIO
IN THE HOUSE OF REPRESENTATIVES
Tuesday. January 9, 1973
Mr. VANIK. Mr. Speaker, once again,
as Members of Congress, we were con-
fronted last Saturday with the archaic
task of supervi«?ing the vote of the elec-
toral college. The narrow margin of \1c-
tory in the presidential election of 1968
provided clear insights into the weak-
nesses of our system of presidential elec-
tors. The time appeared ripe for electoral
reform. A proposal which would have
done away with the system of electors
altogether, passed the House in 1970 but
died in the Senate.
The need for change has only grown
more real with the passage of time. We
must look not only toward the abolition
of the electoral college, but also to the
streamlining of the procedures of choos-
ing candidates through the establish-
ment of a national primary.
The inequities of the electoral process
are perhaps the most serious shortcom-
ing that the American Constitution — one
of the world's finest political docu-
ments— contains. The provision for the
electoral college is contrary to the spirit
and the letter of the heart of democ-
racy— the principle of one man, one
vote.
The Constitution presently provides
that each State, "shall appoint — a num-
ber of electors equal to the whrle num-
ber of Senators and Representatives to
which the State may be entitled in the
Congress." This scheme can only distort
the integrity of the electoral process.
For example, in my own State of Ohio.
10 million citizens control 26 electoral
votes. But if you add up similar totals
for the 16 least populous States, you find
that their aggregate of 10 million people
control the votes of 58 presidential elec-
tors. In essence, one citizen's vote can
weigh twice as much in a national elec-
tion as another citizen's vote.
The cumbersome electoral college can
lead to other more nightmarish happen-
ings. In 1968 a largel> sectional third
party candidate came witliin a hare's
breadth of collecting enough electoral
votes to stalemate the election of a can-
didate from one of the two major parties.
The system of presidential electors en-
ables such third party candidates to ex-
ercise political power — to make political
deals — without any relation to the
strength of their popular appeal.
716
I expect to reintroduce and support a
Constitutional amendment to dispose of
the present barnacle blocking popular
elections. Besides providing for the di-
rect election of President and Vice Pres-
ident, the proposed amendment would re-
quire the winning slate to total at least
40 percent of the total votes cast. If this
result did not occur, a runoff election
between the candidates having the high-
est number of votes would be held.
The eUmination of the electoral col-
lege will not only remove the complica-
tions that exist between the day of the
popular election and the day the Presi-
dent is legally elected, but maverick
third parties will be prevented from ex-
ercising power out of keeping with their
actual popular appeal.
In addition, the shift to the popular
election of President and Vice President
will act to revitalize the two-party sys-
tem. No longer will one-party strongholds
be an important determinant of national
oflSce. There will be, instead, a strong
stimulus to broader voter participation
in the electoral system, in all regions of
the country'.
But doing away with the cumbersome
electoral college is only a necessary first
step. Our present system of protracted
State primaries has long since failed to
serve any constructive end. The events
of this past year provide dramatic evi-
dQ;ice of the corrosive impact of a series
of degrading State primaries. Twenty-
two moniha of presidential politics con-
sumed ideas, money, and the patience of
every American. By November, the elec-
torate was wear>-. Pollsters had taught us
what to think, how to react, and which
'vvay to vote.
The establishment of a national pri-
mary would eliminate the piecemeal
process by which the parties choose their
[•andidates for national office. National
lebate on Lssues would be elevated.
I am introducmg today a constitu-
tional amendment that will not only
eliminate the electoral college but would
ilso replace our present primary system
tvith a national primary.
With a nationwide primary- election
leld on the third Tuesday in August all
party candidates for national office could
lemonstrate the strength of their can-
lidacies on equal footing. Additionally,
-he selection at the same time of dele-
rates to the party conventions will do
iway with the fragmented selection
processes that now exist in each State.
The task of conducting and regulating
.he primary election shall fall to the
states, subject to the overview of Con-
rress. Party conventions would follow on
he first Tuesday after Labor Day. This
'ill establish a clearly defined political
leason of 7 weeks in which the presi-
iential candidates of each party would
)resent their positions to the electorate.
With such a time schedule the people
Pill come to demand a coherent presen-
ation of the issues and a more respon-
iibly conducted campaign.
Cynicism has dampened the spirit of
hi.s coimtry at a time when vitality In
' Jovemment wa.s never more needed. To
restore confidence in the politics of this
( ountr>-— its institutions and its leader-
; hip — is our ultimate responsibility.
''here can be no more important task.
EXTENSIONS OF REMARKS
The establishment of a more rational
democratic process is an Important step
in that direction.
January 9, 1973
GOODBY, BILL FREMD
HON. PHILIP M. CRANE
OF ILLINOIS
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. CRANE. Mr. Speaker, residents of
Palatine and Schaumburg townships
in the I2th Congressional District of
Illinois were saddened recently by the
death of William Fremd, for years a
dedicated servant of elementary and sec-
ondary school students.
Mr. Premd spent 44 of his 70 years on
school boards in the area, giving his
time in a salary-less, often thankless,
position for the good of the students.
He was a farmer who watched his once
rural countryside blossom into one of
the fastest growing suburban areas of
the Nation. Yet as the area changed, he
maintained his values and the result was
a sound education for thousands of stu-
dents.
An editorial in the Herald, a newspaper
published in my district, accurately re-
flects the loss to the area of William
Fremd. I would like to extend my
sympathies to his family and friends and
share the editorial with my colleagues :
[From the Herald (m.), Dec. 29, 1972]
GooDBT, Bill Fremd
There's been too much passing away lately,
there's been too much loss and too much sad-
ness. There's been too many good-byes and
too many ended Journeys.
Harry Truman died this week and his pass-
ing signaled the worldwide eulogies to
which this former President was entitled.
But preceding Mr. Truman In death was
another gentleman of firm and honest repu-
tation whose accolades will not be aa far
reaching but whose passing wUl be Just as
deeply felt In the Northwest suburbs.
Dead at age 70 Is WUUani Premd, a man
who devoted virtually all his life to helping
the children of Palatine and Schaumburg
Townships obtain a better education.
William Fremd served a total of 44 years
on elementary and secondary school boards.
He became a board member In Palatine
Township when there were only a half dozen
schools serving mostly farm families In the
area.
Now, the educational systems in Palatine
are regarded as some of the best In the
state. Including a high school named after
Fremd, the friend of the children.
Like many of his generation, William
Fremd saw this area blossom from farmland
to suburbs. He kept pace with these changes
over the years and contributed his deep
understanding of this area to the better-
ment of the school systems he served.
Although he was termed an educator In
later years, Mr. Fremd did not possess the
degrees accredited educators bestow on each
other to convince the outside world of their
expertise. Instead. William Fremd continued
to run a faim untu as late as 1963 when he
retired from the soU which had been his
home.
Premd's worth to the Northwest suburbs
could not be measured In degrees on the
waU, anyway. He was a simple man with
logical and rock han. principles. His values
were those of the rural community which
nurtured him: charity, thrift and datm
verance. Kc»ao-
BUI Fremd received high praise when he
decided to retu-e. The U.S. Commissioner of
Education congratulated him for his "stead
fast service to the schools and youth of
Palatine." Honors were given him bv thn
nunols General Assembly.
In all, he remained much the same person
who came to a school board meeting in 1928
and found hUnself elected to the board He
stayed on that elementary district board
untu 1946 and was Instrumental In the con-
solidation of several rural districts into what
is now Dlst. 15. His service on the Hleh
School Dlst. 211 board often coln> ; led with
his other board work.
He was a remarkable man with great depth
and love for the schools he built.
We have all lost something with his pass-
ing.
FRANK STARR'S OPEN LETTER
TO RALPH NADER
HON. ROBERT McCLORY
OF ILLINOIS
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. McCLORY. Mr. Speaker, the ob-
vious efforts of Ralph Nader to endeavor
to find scapegoats among American
manufacturers Is indicated nowhere
more prominently than in his continuing
attacks against the automobile industry-.
The increased number of consumers-
including particularly ptirchasers of
new automobiles — are becoming disillu-
sioned by the expensive, mischievous, and
sometimes dangerous safety gadgets that
are being loaded on to consumers. I have
yet to hear Nader take on the careless,
reckless or drunken driver or the dope
addicts or alcoholics who contribute to
the vast majority of the accidents on our
highways.
The chief of the Washington Bureau
of the Chicago Tribune, Frank Starr has
presented a convincing and illuminating
expose of Ralph Nader's dangerous line
in an open letter which appeared in the
Chicago Tribune for Monday, December
18, 1972.
I am attaching Frank Starr's letter
for the edification of my colleagues and
the American public.
Open Letter to Ralph Nader
(By Frank Starr)
Dear Mr. Nader: I'm writing not Just to
wish you Merry Christmas — tho I certainly
do — but because you are known as a con-
sumer advocate, a defender of the rights of
consumers.
Being a consumer [who Isn't?], it seems
to me some of my rights are being Infringed,
particularly concerning the automobile, one
area of your particular expertise. And the
damage Is being done In the name of us con-
sumers.
The automobile Is a principal means of
transportation. We spend a disproportionite
amount of our waking hours In them and a
disproportionate amount of our net earn-
ings on them.
TOO MUCH TO ASK?
It is not too much to ask, therefore, that
they be made as pleasant, safe, and efficient
as possible. Partially at your behest a series
of federal regulations has been enacted, and
more are promi.?ed, that seem designed to
achieve the opposite.
The net effect of these regulations has
been to make the 1973 models less attrac-
Januarij 9, 1973
tlve, more heavy, less powerful, more ex-
pensive, and less efficient.
In what might appear to be a response
to an Insurance company's propaganda cam-
paign to lower its actuarial costs by convinc-
ing the public that rebounding bumpers are
good, the auto companies have been forced
to hang on the front of the 1973 models a
beavy and expensive device designed to re-
sist a crash Into a solid wall barrier at
5 m.p.h.
I am not persuaded that such a hypo-
thetical crash is likely to occur or that, If
It did, it would damage more than some
chrome doodles. Neither am I persuaded that,
If I had a crash endangering life or limb,
the bumper would reduce the danger.
In the name of air cleanliness — about
which I am no less concerned than you —
makeshift methods have been devised which
sharply reduce the power of my engine, make
the engine more complicated, and sharply
increase the fuel consumption — and that In
a time of energy crisis.
There are nearly no manufacturers — only
a European maker comes immediately to
mind — who have met pollution standards
without drastically cutting power in the
process.
While engine power is being reduced,
weight Is also being added Ijy building steel
beams into the doors, again making the au-
tomobile less responsive and more expensive.
One day soon, I am to be burdened with
the greatest nightmare of all, an air bag that
will instantaneously immobilize me on per-
ceived contact with unintended objects and
which, if an accident hasn't occurred, will
surely cause one.
On Friday I learned that Douglas Toms,
the greatest advocate of this device as head
of the National Highway Traffic Safety Ad-
ministration, has resigned, tlio he once prom-
ised to stay until the air bag was wrapped
up. And you, Mr. Nader, have criticized Mr.
Toms for not being vocal enough in criti-
cism of carmakers' progress toward such de-
vices.
Not wishing to offer unconstrvictive criti-
cism, may I suggest that the area of traffic
safety tha . needs more attention is the hap-
hazard and reckless licensing of unqualified
drivers.
A member of my family recently passed
the test in Washington, D.C., on first appli-
cation after completing a drivers' school
training course, oply to discover that she
literally had not yet learned how to control
her vehicle. She was, by her own admission,
a licensed road hazard.
a licensing proposal
Serious students of the problem have pro-
posed far stlffer driver licensing require-
ments which would test. In practice, each
driver's capacity to meet and overcome un-
expected dangers such as sudden skidding
on a wet curve.
According to gradations of proven skill,
drivers with different classes of licenses
would be allowed to drive only under differ-
ent and appropriately determined restric-
tions and would be required to display their
classes on their vehicles.
I for one would feel far safer with a re-
duced probability of accidents than with one
of Mr. Toms' tanks. And driving might be a
good thing again.
U.S. INTERESTS AND POLICIES IN
THE MIDDLE EAST
HON. LEE H. HAMILTON
OF INDIANA
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. HAMILTON, Mr. Speaker, al-
though many observers have argued that
EXTENSIONS OF REMARKS
the Middle East was fairly quiet during
1972, I think it is correct to assume that
during 1973 the United States will have
to focus more attention on two problem
areas of American policy in this re-
gion— the continuing no war — no peace
stalemate of the Arab-Israeli conflict and
our policies toward the Persian Gulf
area. I would like to bring to the atten-
tion of my colleagues a few remarks on
U.S. Middle East policy which I made
before the Southern Coimcil on Interna-
tional and Public Affairs in Atlanta on
November 10, 1972 and which focused
on these two areas of concern.
My remarks follow:
Perspectives on U.S. Interests and Policies
IN the Middle East Today
By intent or by practice. United States
policy in the Middle East can best be un-
derstood not as a comprehensive policy or
strategy but as several Interests which It
strives to promote and protect by a variety
of methods. The dilemma of the policy is
that steps taken to promote one interest do
not necessarily advance another interest. The
overall success of the United States policies
In the Middle East, then, depends on our
ability to carry out several policies somewhat
Independent of each other, and on different
tracks; United States Middle East policy
tends to fall when several tracks become so
interrelated that the lack of success In one
area affects all policies.
Today, for example, the no war — no peace
stalemate of the Arab-Israeli conflict affects
all our Interests and policies in the area.
Our support of Israel on one track does not
necessarily promote our Interests In certain
Arab countries such as Egypt, Jordan and
Lebanon and the development of our ties
with these states on a second track is not
necessarily compatible with the promotion of
our relations with Israel under present cir-
cumstances. The third track of our current
policy, involving our relations with the oil
rich states around the Persian Gulf, is not
totally separate front or unaffected by the
other two tracks and the present stalemate.
This multi-track characterization of U.S.
policy in the Middle East has not always
been applicable. From the very vague, antl-
communlst policy of the Truman Doctrine,
which was designed to shore up the govern-
ments of Turkey, Iran and Greece after
World War II, the United States tried to de-
velop a comprehensive Middle East defense
treaty organization in the 1950s. When such
umbrella policies as the Baghdad Pact or
Elsenhower Doctrine proved unable to pro-
tect our interests or promote our policies,
the United States sought in the 1960s to
develop specific policies of protecting and
helping friendly governments and particular
interests. Turkey and Greece aside, these
policies have increasingly concentrated on
relations with five countries: Israel, Iran,
Saudi Arabia, Jordan and Lebanon and
probably in that order.
Although a cynic might argue that this
policy only reflects Increasing distrust of the
United States, more fundamentally, our
pohcy is related to our Interests and speclflc
concerns with particular issues.
U.S. INTERESTS
Two interests of the United States In the
Middle East are paramount :
First, we do not want to see local conflicts
and rivalries develop Into major wars, per-
haps involving the great powers;
Second, we do not want any outside power
to dominate the region. These two Interests
underlie our concern over Soviet Intentions
In the area.
Peace and stability are our overriding ob-
jectives In the Middle East but several other
significant Interests combine to place this
region high on any agenda of foreign policy
priorities.
717
STRAT-EGIC AND POLmCAL INTERESTS
Our Strategic interests in the Middle East
Include :
1. The maintenance of the right of access
to the area, its international waterways, and
air routes.
2. The maintenance of a viable military
presence in case that access Is threatened.
This presence need not be permanent. At
present, the United States sells or gives
substantial militarj- aid to Israel, Jordan,
Turkey. Iran and Saudi Arabia. In addition,
we maintain communications facilities In
Iran and Ethiopia and have naval units un-
equal In size stationed on either side of the
Middle East; a small unit called MIDEAST
FOR stationed at Bahrayn Island in the
Persian Gulf and the Sixth Fleet in the
Mediterranean.
Our pohtlcal Interests In the Middle East
Include :
1. The social and political development of
the entire area and all its people. We ignore
the 100 million people of the Middle East
and North Africa at our own peril: Their
well-being Is in our Interest and in the In-
terest of peace and stability throughout the
region.
2. Reducing Arab dependence on the Soviet
Union. While there is much disagreement
over the means of carrj-lng out this interest,
there is no challenge to the validity of the
objective.
In this discussion, an important distinc-
tion should be drawn between the need for
the United States and the Soviet Union to
recognize each others' legitimate Interests In
the Middle East and our interest In denying
the Soviet Union dominance in the area.
3. A commitment to the continued exist-
ence of Israel within secure borders. WhUe
we may have disagreement with Israel over
what constitutes secure borders, we have no
disagreement with Israel over the goal of
peace and defined and recognized boundaries.
ECONOMIC INTERESTS
Our economic Interests In the Middle East
are significant today, and they could be-
come vital in the next decade. Tliese in-
terests— freedom of trade, access to Middle
East oil and freedom of oil transport — are
prime economic considerations for the Unit-
ed States.
At present, American trade and Invest-
ment in the Middle East and North Africa
produce a net annual Inflow of almost $2
billion Into the United States— no small con-
tribution at a time when the United States
balance of payments deficit Is greater than
at any time since World War II. OH is re-
sponsible for much of this Inflow, and Amer-
ican oil companies have Invested over $4
billion in .Middle East and North African oil
ventures.
While given less publicity, the United
States trade surplus In the Middle East and
North Africa is, nonetheless, significant. In
1970. for example, this trade surplus was
about $1.4 billion. The Importance of this
figure Is apparent when It Is compared to
the worldwide U.S. trade surplus of $2.69
billion, American products, technology and
machinery continue to be popular through-
out this vast area.
Since only about five percent of U.S.
petroleum consumption needs come from
the Middle East, the present economic Im-
portance of Middle East oU for the United
States could be seen largely in terms of its
contribution to our balance of payments, but
that would be an error.
Though our need for Middle East oil and
natural gas will never equal Japan and West-
ern Europe's dependence on It for over three-
fourths of their fuel needs, government and
private estimates Indicate that by 1980 the
United States may have to obtain over 35
percent of its projected oU needs from the
Middle East, almost all of it coming from
the Persian Gulf. The figures are staggering.
The non-communist world currently con-
sumes about 40 million barrels of oil a day;
718
the United States consumes about 18 mil-,
lion barreLs of that.
In 1980. it Is estimated that the non-
Communist world will consume between 80
and 100 million barrels and the United States
24 of that figure. At the present rate, the
United States can get only 12 million barrels
from domestic soiirces, including Alaska. Of
the remaining 12 million barrels needed,
about nine will have to come from the Mid-
dle East, and that figure will then represent
between 35 and 40 percent of total United
States consumption needs.
Without question, the economic impor-
tance of the Middle East for the United
States will increase sharply in the near
luii'.re.
CVLTTJRAL INTERESTS
The United States also has many cultural
Interests throughout the Middle East:
Some represent a legacy of American mis-
sionary and philanthropic enterprises which
have played a crucial role for decades in the
preparation of Middle East elites. The Ameri-
can Universities of Beirut and Cairo and
Robert College In Istanbul are three ex-
amples. Several newer educational institu-
tion.s In Israel, the Hadassah Hospital and
the Welzmann Institute, in particular, have
strengthened and fostered the r.atural ties
between many Americans and the State of
Isr.iel.
More generally, the Middle East is recog-
nized throughout the world as the cradle of
civilization, the birthplace of the Judeao-
Chrlstlan heritage and the preserver of the
Greco-Roman tradition long after the Greek
and Roman civilizations had faded Into dark
ages.
For Jews and Christians of this country
peace and open borders in the Middle East,
especially In Palestine, means access to the
origins of their faith, and they cannot con-
ceive that the land where that faith was
nurtured should be in a state of war. The
intensity of feeling In the United States for
Israel and other countries In the region Is
only one manifestation of the strength of our
cultural Interests there.
ARAB-ISRAELI CONFLICT
Given these important interests. United
States policy In the Middle East focuses on
two problem areas: the quest for a solution
of the Arab-Israeli conflict and a developing
concern for the Persian Gulf,
The decision was marie in the Unite*
States in June 1967 at the time of the SLx
Day War that a real peace in the Middle East
was essential to preserve our interests In
mainiainiiig a po.slilon la ilie Arab world and
in <_'uaranieeing I.^rael's sovereignty.
The Arab-Israeli conflict complicated and
jeopardized our ability to follow a two-track
policy toward the Arab world and toward
Israel. Evenhandedness. in it^ essence, was
never really that — it was an efl'ort to main-
tain a two-track policy without one track
becoming involved with the other. President
Kennedy had been supremely successful in
this regard. The problem with the Arab-Is-
raeli conflict w.os that It put United States
policy under scrutiny and tended to force
this two-track policy to be a one-track pol-
icy. This tension in our relations came at a
time In the late 1960s after the June 1967
war when the Soviet Union was pouring more
'h.aii ?2 billion worth of military h.irdware
into Egypt. The United States responded by
selling Israel the military technology and
equloment. principally aircraft, to meet this
Soviet threat.
Today, fortunately, that Soviet threat is
somewhat diminished as several thousand
Soviet military advisers have left Egypt. But
because peace remains elusive and so much
attention focuses on our aid to Israel, our
policy appe?.rs increasingly one-track.
The successes of the United States in deal-
ing with the Arab-Israeli conflict since 1967
are well known and Insubstantial.
EXTENSIONS OF REMARKS
We helped negotiate UN Resolution 242 in
November 1967 which has provided a frame-
work for peace.
In 1970 and 1971 Secretary of State William
Rogers and Assistant Secretary Joseph Slsco
were constantly talking to Israel and Egypt
and seeking to narrow the differences be-
tween them.
For nearly two years, there has been no
sustained fighting and talks progressed on
two fronts. Dr. Jarring, representing the
United Nations, was working for a total
settlement while the United States was work-
ing for a partial settlement. Both sets of
Indirect talks focused on Egypt and Israel.
In many respects, the United States initiative
was more successful. It arranged a ceasefire
In August 1970 which is still In effect along
the Suez Canal despite violations. It almost
succeeded in producing proximity talks be-
tween Israel and Egjrpt a year ago.
A great opportunity for movlngv tpv/ard
some reconciliation and a limited .,^ace
agreement in the Middle East was loSI In
1971. Both the Jarring Mission and the U.S.
peace Initiative were stymied at critical Junc-
tures. Although everyone shares the blame,
perhaps no one can be blamed. Bad timing
may have been the reason for the missed
opportunities.
The timing of 1971 diplomatic maneuvers
failed to synchronize with the timing of the
parties, causing both the Jarring Mission
and the U.S. peace initiative to flounder.
The U.S. peace initiative failed principally
because the United States could not get both
Egypt and Israel to agree to proximity talks
at the same time: When Egypt appeared
willing to enter Into such talks, Israel was
not Interested and when Israel finally
agreed to these talks, at the end of the year.
Egypt had lost Interest. It is possible that
the United States did not push hard enough
at the proper time, but, perhaps also, no
timing was opportune.
Dr. Gunnar Jarrlng's mission also raised
peace hopes in early 1971. orUy to dash them.
In the eyes of some, he pushed too hard, too
quickly. He sought in February and March
of 1971 a commitment of both Israel and
Egypt to fairly precise guidelines of the
eventual agreement as ground rules for
further mediating talks between the two
parties. Egypt accepted these guidelines, but
Israel felt such parameters of a peace agree-
ment with Egypt could be worked out only
in negotiations. ,
WHERE DQ WE STAXD TODAY?
This two-tracfc^pollcy of the United States
In the Middle East — the policy of even-
hanaedness toward the .Arab-Israel con-
flict— had always had bipartisan support here
but today It remains a tattered Action, at
lea.st in the eyes of mast Arabs. a:id especially
in the eyes of the Egyptians.
Arabs compare our aid or credits to Israel
over the last several years— In the billions of
dollars — u1th small but not inconsequential
aid to them. Some point to the Jordanian
Government as a quisling, pro-American
clique and call for the overthrow of Kin^
Hussein: they chide United States ofnclals
for their duplicity and they point to the
lack of progress on talks and say the United
States likes the status qtio.
But that Is not so. Peace In the Middle
East— to reiterate— Is essential to the pres-
ervation of United States interests. While
E^ypt doe=; not trust the United States, it
does re.spect the United States and knows
that a U.S. peace initiative remains the most
Important vehicle for peace. If the United
Statos initiative Is now to be revived, and I
hope it win be, we must regain the trust
of Egypt.
HOPEFUL AND DISTTTRBING SIGNS
Events are occurring, in the Middle East,
that make no headlines but do help the
peace we urgently seek. Pour positive de-
January 9, 197 S
velopments have been emerging in the last
year or so.
1. Jordan is more stable and stronger. Its
military victory over the guerrillas and its
Increased confidence have raised the pos-
slblllty of a separate Jordanlan-Israell peace.
2. Israel's policy of open bridges is im-
proving the economic situation in the Oc-
cupied Territories of the West Bank and
Gaza. Over 40,000 Arabs from these terri-
tories now work In Israel and each day new
relationships are developing.
3. The end of the honeymoon between
certain Arab States and the Soviet Union,
especially the Soviet withdrawal from Egypt]
can help deftise the Middle East conflict.
4. Throughout the region, states and lead-
ers are looking Inward toward coping with
the problems of economic and social devel-
opment. While Iraq, Libya and Syria may
be exceptions to this rule, Jordan, Israel,
Eg3T3t, Lebanon are not.
These hopeful signs must, however, be
Juxtaposed with other, disturbing signs:
1. Terrorism is still part of the Middle
East. Most states do, and all states should,
condemn acts of violence.
2. King Hussein of Jordan remains a
prime target of some Pa!estlnia:i guerrillas
and even the possibility of bis assassination
is a disturbing sign.
3. Prospect of the status quo remaining in
the occupied territories for a long time could
be destabilizing. As attractive as the present
situation might be for Israel, it cannot go on
indefinitely. Israel, if it is to build on its
economic miracles and gain respect among
residents in the West Bank and Gaza, must
eventually drop its "occupation" rule and
permit these Palestinians a greater voice in
their own affairs.
4. The Soviet Union's uneven policies re-
main. It seems to be holding on strong in
Iraq and Syria while letting go a little in
Egypt. The Soviet Union also continues to
play politics and blackmail with Its own Jew-
ish minority.
5. The policies of Syria, Iraq and Libya
tend to counter the hopeful signs mentioned
earlier. To persuade moderation on these
states will not be easy, even for Egypt.
THE PERSIAN GULF
United States efforts to deal with the other
major problem area in its Middle East pol-
icy— the Persian Gulf — have probably been
more successful, but there remains the po-
tential for conflict in this newly-independent,
vastly wealthy, potentially unstable area,
U.S. efforts have been successful largely be-
cause we have been able to keep this fast
developing third policy track separate from
the Arab-Israeli conflict. How long this can
be done In the absence of peace is an Impor-
tant consideration.
The year 1972 saw the three states— Bah-
rayn. Qntar, and the United Arab Emirates
(U.A.E.) — Join Kuwait, Saudi Arabia, Iraq
and Iran as Independent entitles. In the same
year, Oman, long an Independent state,
emerged from centtiries of Isolation.
These eight states are. by no means, equal.
Of the some 47 million people living around
the Persian Gulf, 30 million are In Iran and
another 10 million to Iraq. Iran's population,
together with Its longer period of Indepen-
dence, larger oil industry, stronger armed
forces and long established leadership, give
that country the ability to play an Important
political and military role in the Gulf area.
The most sif;nlficant political fact of recent
Gulf history has been the relative tran-
quility which characterizes the several transi-
tions that have taken place, transitions.
From non-oil to oil economics
From dependence on a formal British role
to ^reiter independence.
And from long periods of conflict to a new
period of cooperation.
The ability of the Gulf States to maintain
this present relative stability will depend on
Janmnj 9, 1973
several factors. Some of the more important
ones are:
A continued realization by all states of the
necessity for cooperation among riparians;
The peaceful resolution of several out-
standing disputes;
The ability to cope with social, economic
and political development;
And the prevention of the Gulf from be-
coming an area of great power competition or
rivalry.
The United States has maintained excellent
diplomatic and political relations with most
countries of the Persian Gulf and Arabian
Peninsula. Moreover, there Is throughout the
area a reservoir of good will towards Ameri-
cans in general. American technology and
diplomatic and military strength are re-
spected although almost all the Arab States
of the Gulf take strong exception to what
they consider to be the United States Im-
balanced position on the Arab-Israeli conflict.
Our low key and cautious diplomatic and
political policies have met with some success.
The area has been treated separately from
the rest of the Middle East and we have
emphasized the practicality of mutually
beneficial economic and political relations,
and we have stressed the need for Persian
Gulf States to cooperate with each other. This
has led the United States to seek to export
its technology to this developing area and
to urge these states to rely on the West in
the international arena.
DILEMMAS FOR THE UNITED STATES
In 1973. the United States will face many
dilemmas as it tries to pursue its essentially
three-track policy to deal with the two prin-
cipal areas of concern — the Arab-Israeli con-
flict and the Persian Gulf.
In the former area, many questions deserve
our attention:
What role should the United States play
In promoting peace and should It revive its
peace initiative?
What pressure can or should the United
States apply in order to promote peace and,
if peace results from pressure, how durable
can it be?
What are the benefits and the drawbacks
of the way we are formulating our policy
toward the Arab-Israeli conflict and our at-
tempted even-handedness or balanced policy?
What will happen If the present state of
no-war no-peace continues?
With regard to the Persian Gulf, we might
be asking the following questions:
What, precisely, are the U.S. Interests In
the Persian Gulf?
How can the United States best assure its
future access to Persian Gulf oil and stability
In that area?
How will the relationship between Interna-
tional oil companies and oil exporting coun-
tries change In the next decade? What are
the Implications of these changes for the
United States?
Does our support of the bigger states of the
Gulf, particularly Iran and Saudi Arabia, en-
courage those states to dominate the area
and is stich domination in our Interest?
Should the*Unlted States continue to
maintain Its small naval force stationed on
the island of %hrayn?
Can the tmited States pursue policies
which protect our Interests but which also
help ke^p this potentially unstable area out-
side the arena of great power competition?
These questions and others form the stage
for discussion of United States policy to-
ward the Middle East In the next administra-
tion. For different reasons, the stakes are
high in both problem areas confronting the
United States. My main hope is that with
Vietnam fading somewhat from the foreign
policy limelight, more attention can be de-
voted to these issues.
EXTENSIONS OF REMARKS
THE PARTICIPATION OF THE TENA-
FLY HIGH SCHOOL BAND IN THE
TOURNAMENT OF ROSES PARADE
ON NEW YEAR'S DAY
HON. HENRY HELSTOSKI
OF NEW JERSLY
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. HELSTOSKI. Mr. Speaker, it was
with great pride and admiration that I
watched on television, along with mil-
lions of other Americans, the participa-
tion of the Tenafly High School March-
ing Band in the Tournament of Roses
parade on New Year's Day.
The outstanding 161 -member band,
under the direction of Mr. Edward M.
Stochowicz. was the only representative
of the Northeast section of the United
States— and one of nine high school
bands in the country — to be so honored.
I know how proud the young men and
women, along with their parents, felt in
being accorded this distinction. They
have exhibited the highest level of musi-
cal achievement that can be accom-
plished with hard work, precision, loyal-
ty, dedication, and team spirit. Indeed,
these young people, under the tireless
and excellent direction of Mr. Stochowicz,
embody the ideals and Ideas of our next
generation of leaders, and certainly the
faith we have in our youth.
After having distinguished themselves
in various concerts throughout the
United States and Canada, the Tenafly
band was invited to participate in the
Tournament of Roses parade. Dr. Samuel
K. Elster, president of the board of edu-
cation, along with the board members,
passed a resolution in support of the pro-
posed trip and authorized the formation
of a committee to raise funds. Superin-
tendent of Schools John B. Geissinger
and High School Principal Daniel P.
Kneuppel gave their strong support, and
Mayor "Walter M. Hartung proclaimed
the week of November 12-18 as Band
■Week.
An intensive community effort began,
not only in the borough of Tenafly, but
throughout the Northeastern United
States in order to raise the necessary
funds.
The effort and contributions made by
various people and organizations can be
noted by the statement I will place in
the Record following my remarks, along
with the names of the young people who
played in the Tenafly Band.
Mr. Speaker. I am most honored to
represent the borough of Tenafly in Con-
gress, and I know that my colleagues join
with me in congratulating the Tenafly
Band and the many people who made
their participation in the Tournament
of Roses possible.
These young people and their band
director can be looked upon as ambassa-
dors of good will who have accorded their
town and the State of New Jersey a great
honor. They will long remember thi-,
unique experience and I have no doubt
that thev v.-ill strive for even higher
achievements.
719
Mr. Speaker, the statement on the
Tenafly Band and its participants follow:
Statement Concerning the Tenafly High
School Marching Band's Participation in
THE Tournament of Roses Parade at the
Rose Bowl in Pasadena. Calif.
The Tenafly High School Marching Band,
under the direction of Edward M. Stochowicz,
participated in the Tournament of Roses
parade at the Rose Bowl in Pasadena, Cali-
fornia on January 1. 1973. The 161 member
band was the only representative of the
northeast section of the United States, and
one of nine high school bands In the country,
to do so.
Dedicated public service and outstanding
musical achievement have marked the band's
career. Activities leading up to the Tourna-
ment of Roses parade Include exchange trips
with high school bands from Toronto and
Montreal, Canada; two performances at Army
games at West Point; participation In the
Cherry Blossom Festival In Washington, D.C.;
and an appearance before Vice President
Splro T. Agnew at the annual convention of
the American Association of School Adminis-
trators in Atlantic City, New Jersey. Tenafly
Superintendent of Schools John B. Gels-
singer, then AASA president, presided at that
convention.
In addition, the band took part In a benefit
concert for the New York Public Library at
Bryant Park In New York City: and was host
band at the twenty-fifth anniversary of the
Herald News Band Festival In Clifton. New
Jersey. Band Director Edward M. Stochowicz
was guest conductor of the mass band finale
at that festival. The band most recently com-
peted in the Glen Ridge Interstate Marching
Band contest, a competition which Included
bands from New Jersey, New York and Penn-
sylvania.
When, in October 1972, the Tenafly band
received an invitation to participate In the
Tournament of Roses parade, the Board of
Education passed a resolution In support of
the proposed trip and authorized the forma-
tion of a committee to raise funds for It.
Superintendent of Schools John B. Gels-
singer voiced his approval, as did High School
Principal Daniel P. Knueppel.
Mayor Walter M, Hartung proclaimed the
week of November 12 to 18 as Band Week,
and an Intensive community effort, Involving
both the Borough of Tenafiy and areas
throughout the northeastern United States,
began. Contributions were received, for In-
stance, from a high school band member in
Pennsylvania, from a senior citizens' group
in Sheepshead Bay, Long Island, from a
former coal miner in Elizabeth. New Jersey,
from Flshklll. New York, Stanford, Connecti-
cut, and Hendersonvllle, North Carolina.
A good deal of this outside Interest was
created by Holland Smith's CBS coverage of
the band fund campaign. JAYCAP, a drug
rehabilitation group from Jamaica, Queens,
saw the Initial program, and responded, can-
vassing its area for the Tenafly band. When
JAYCAP completed its canvass, the group
came to a Tenafly High School Football game
and presented the funds to band representa-
tives at half time. This moving experience.
the touching of different worlds, was perhaps
the most exciting development of the entire
period.
Industry In the area also responded to the
band's requests. And within the community,
organizations, businesses and Individuals co-
operated fully. A Brownie troop held a garage
sale, needlepoint kits of the Tenafly. Tiger
were designed and sold, taste testing sessions
for a consumer research firm were conducted,
and all monies were contributed to the band
fund.
Climaxing the campaign was a parade
through the center of Tenafly. led Jointly by
the Mayor and Council and the Board of
Education. Following the parade, band mem-
bers broke up into pre-arranged groups to
canvass the town door-to-door. In six short
weeks the money was raised.
This could not have been accomplished-
without the full cooperation of Mayor Walter
M. Hartung and Council members Phillip
B. R. Baas, Jr., Robert Bucher, Stephen
Capkovitz, Eleanor Dendy, Joseph Phillips
and Richard K. Van Nostrand.
The encouragement of Board of Education
President Samuel K. Elster. Vice President
E. Klrby Warren and trustees Adrlenne
Berenson, Albert H. Dwyer, Dorothea C. For-
syihe. Arthur W. Foshay, Morton E. Kiel,
Alan G. MacDonald and Anne L. Ratner was
of inestimable value.
Superintendent of Schools John B. Gets-
singer gave unstinting support, as did High
School Principal Daniel P. Knueppel.
The fund raising steering committee com-
posed of Mr. and Mrs. W. Gerould Clark III,
Maria Davis, Bartley Eckhardt, Mr. and Mrs.
Robert F\iller, Barbara Krehely, Geraldlne
Krumholz. Marguerite Llndemann, John
Moxham, Mr. and Mrs. E. Granger Ottley,
Mat tie Palamara, Betty Plum and Barbara
Soyster and Suzanne Srour mounted a mas-
sive and highly successful campaign.
But it could not have been done without
the Sfnd members themselves and their di-
rect^ Edward M. Stochowicz. Their musical
achievement led to the event, and their full
and enthusiastic participation allowed it to
happen. They had a most rewarding educa-
tional e.xperience. both throughout the cam-
paign, and in Pasadena, where they had the
apportuniry to meet with, and work with,
high school band members from North Caro-
lina, Texas, Indiana, California, Michigan
md Oklahoma.
20
1972-73 Tenafly Band Members, Their
Parents, and Addresses
9TH grade
Richard .-^dler. Mr. and Mrs. Bela. 16 Mal-
colm Ct.
Elizabeth .^thos. Dr. and Mrs. William, 7
Huguenot Ct. 9.
Lisa Bloch, Mr. and Mrs. Norton, 33 Green-
tree Terrace.
Lisa Bloom, Mr. and Mrs. Kenneth, 26 Ever-
green Place.
Ashley Clark. Mr. and Mrs. W. Gerould,
176 Westervelt Ave.
Steven Cohen. Mr. and Mrs. Jerry, 236
Highwood Ave.
Stephen Davis, Mr. and Mrs. George, 144
Highwood Ave.
Judith Eckhardt, Mr. and Mrs. Louis. 31
Jewett Ave.
Jim Falk. Mr. and Mrs. Albert, 67, Walnlit
Drive. /
Robert Fuller, Mr. and Mrs. Robert, 300
Riveredge Rd. *
Steven Gerst, Mr. and Mrs. Paul, 141
rekenlng Dr.
Betty Harrison, Mr. and Mrs. Bernard, 1
Knoll Rd.
Robert Hersh, Mr. and Mrs. Charles, 237
Hickory Ave.
Jon Hexum, Mrs. Gertha, 35 Elm St.
Lisa Kaufman, Mr. and Mrs. Edward, 53
Hamilton PI.
William Krehelv, Mr. and Mrs. John, 36
DakSt.
David Krumholz, Mr. and Mrs. Alan, 104
Walnut Drive.
Michale Lang, Mr. and Mrs. Alfred, 122
"olumbus Dr.
Ann Lefkowlth, Dr. and M"^. Edwin, 98
Walnut Drive.
Scott Miller. Mr. and Mrs. Ira, 10 Green-
tree Terr.
Mary Nastuk, Dr. and Mrs. William, 103
Hillside Ave.
Paul Palamara, Mr. and Mrs. Joseph, 43
Palmer .^ve.
EXTENSIONS OF REMARKS
Nell Parker, Mr. and Mrs. Daniel, 47 Wind-
sor Rd.
Jeff Plum, Mr. and Mrs. Russell, Robin
Lane, Alpine.
Maryanne Polk, Mr. and Mrs. Mervln, 2
Inness Rd.
Steven Saydah, Mr. and Mrs. Ferris, 40
• Joyce Rd.
Daniel Segal, Mr. and Mrs. Norman, 26
Cherry St.
William Sellck, Mr. and Mrs. Davis, 76
^eRoy St.
Tom Silber, Mr. and Mrs. Frank. 87 Glen-
wood Rd.
Mark Terminello, Mr. and Mrs. Dominic,
7 N. Browning Ave.
Naida Wharton, Mr. and Mrs. Ralph, 68
Knickerbocker Rd.
Emmy Whltlock, Mr. and Mrs. Robert, 330
EngleSt.
Debbie Wismer, Rev. and Mrs. Ell, 18 Wll-
klns Place.
lOTH GRADE
Carl Adamec, Mr. and Mrs. John, Litch-
field Way, Alpine.
Ted Anton, Mr. and Mrs. Gus, 108 Surrey
Lane.
Corl Beychok, Dr. and Mrs. Sherman, 61
Lylewood Drive.
Leslie Deeb, Mr. and Mrs. Edward, 31 Oak
Street.
John Duncan, Mr. and Mrs. John, 60 Wood-
land Park Dr.
Bartley Eckhardt, Mr. and Mrs. Bartley, 98
Dean Dr.
Jayson Forsythe, Mr. and Mrs. Henderson,
204 Elm Street.
Richard Goldner, Mr. and Mrs. Ralph, 166
Riveredge Road.
Cathy Hatfteld, Dr. and Mrs. Wendell, 124
Leroy Street.
William Hayes. Mr. and Mrs. William, 26
Royden Road.
Alan Hararl, Mr. and Mrs. Joseph. 36
Churchill Rd.
Andrew Jacobson, Mrs. Leonard Jacobson,
85 Buff Road.
Kathy Kane, Mr. and Mrs, Alfred, 128 Co-
lumbus Drive.
Beth Katzman, Dr. and Mrs. Merle, 101
Coppell Drive.
Mary Pat Kelly, Mr. and Mrs. William, 32
Norman Place.
Don Kiel, Mr. and Mrs. Morton, 65 Richard
Street.
David Kllnges, Mr. and Mrs. David, 70
Forest Road.
Jane Kornfeld, Dr. and Mrs. Peter, 64
Creston Ave.
Beth, Laitman. Mr. and Mrs. Danleld, 213
Serpentine Road.
David Lefkowlth, Dr. and Mrs. Edwin, 98
Walnut Dr.
Phil Levin, Mr. and Mrs. Bemand, 45
Mayflower Dr.
Ross LlUey, Mr. and Mrs. T. R., 25 South
Park Dr
Kay Marshall, Mr. and Mrs. John, 49 Wal-
nut Dr.
Leslie Neal, Mr. and Mrs. Rollln, 14 Park
St.
Hank Ottley, Mr. and Mrs. Granger, 38
Edgewood Road.
Alison and Chris Ruffley, Mr. and Mrs. Ray,
55 Inness Road.
Llam Schwartz, Mrs. Carole, 120-B Dean
Drive.
Bernle Selling, Mr. and Mrs. Ignatz, 65 N.
Lyle Ave.
Lee Shaouy, Mr. and Mrs. Philip, 66 Essex
Dr.
George Snyder, Mr. and Mrs. Joseph. 29
Kenwood Road.
Jeff Soule, Dr. and Mrs. William, 29 Glen-
wood Road.
Danielle Srour. Mr. and Mrs. Soly. 6 White-
wood Road.
Rick Steele. Mr and Mrs. Joseph, 101 Wal-
nut Drive.
Januarij 9, 1973
Dana Vaughn, Mr. and Mrs. Samuel 23
Inness Road.
Richard Witzlg, Mr. and Mrs. Fred, 9 West
Ivy Lane.
IITH GRADE
Karen Albertsen, Mr. and Mrs Torklld
8 Glenwood Road.
Ken Birne, Mr. and Mrs. Alvln, 43 Berkeley
Drive. '
Bob and Bill Blohm, Mr. and Mrs. Willard
105 Sussex Rd,
Neil Bressler, Mr. and Mrs. Sidnev, 125
Sussex Rd.
Donna Grodjesk, Mr. and Mrs. Joseph 169
Elm St. '
Mai Hargrave, Mr. and Mrs. M. Bates 41
Joyce Rd.
Beth Hegeleln, Mr. and Mrs. William, 166
Westervelt Ave.
Gunnar Hexum. Mrs. Gretha He.xum 35
Elm St.
West Hlorth, Mrs. M. Hiorth, Dubois Ave
Alpine.
Richard Jaffe, Dr. and Mrs. Ernst, 9
Orchard Place.
Barbara Kelly, Mr. and Mrs. William, 24
Mid wood Rd.
Ann Llndeman, Mr. and Mrs. Richard, 144
W. Clinton Ave.
Brian Majeski, Mr. and Mrs. John, 31 Dog-
wood Lane.
George Palamara, Mr. and Mrs. Joseph, 43
Palmer Ave.
Betty Small, Dr. and Mrs. Bernard, 109
Thatcher Rd.
12TH GRADE
George Andrae, Dr. and Mrs. Eric. 31 Stony
Brook Rd.
Carol Bertges, Mr. and Mrs. Walter, 114
Sunset Lane.
Al Bologninl. Mr. and Mrs. John, 104 Elm
St.
Dick Chaldler, Mr. and Mrs. Charles, 35
Louise Lane.
Bill Goldner, Mr. and Mrs. Ralph, 16«
Riverside Rd.
Chris Hatfield, Dr. and Mrs. Wendell, 1P4
Leroy Street.
Howard Jacobson, Mrs. Leonard, 85 Buff
Road.
Debbie Jones, Mr. and Mrs. W. K., 20
Creston Ave.
Dave Kaplow, Dr. and Mrs. Edward, 66
Surey Lane.
Bob Krehely, Mr. and Mrs. John. 36 Oak
Street.
Matt Kovner, Mr. and Mrs. E., 118 B.
Dean Dr.
Wayne Lllley, Mr. and Mrs. T. R., 25 South
Park Dr.
Ray Monroe, Mr. and Mrs. Raymond, 78
Mackay Dr.
John Nastuk, Mr. and Mrs. William, 103
Hillside Ave.
Jim Olsen, Mr. and Mrs. J. A., 6 Porter
Ave.
Don Plum, Mr. and Mrs. Russell Plum,
Robin Lane, Alpine.
Bob Schults. Dr. and Mrs. John, 237 W.
Clinton Ave.
Mark Sorensen, Mr. and Mrs. Holger, 5
Hlllcrest Road.
Jay Stephan, Mr. Joseph, Sussex Road.
Bill Zimmerman, Mr. and Mrs. Bernard,
15 Elkwood Terrace.
COLOR giJard
Connie BUckenderfer, Mr. and Mrs., 40
Roberts Ct.
Debbie Barrows, Mr. and Mrs. Robert, 71
Downey Drive.
Diane Darrow, Mr. and Mrs. James Church
Street, Alpine.
Sue Dunbar, Mr. and Mrs. Howard. 86
Churchill Road.
Judy Enders, Mr. and Mrs. Howard, 93
Surrey Lane.
Cindy Flnetto, Mr. and Mrs. Frank, 170
Hickory Avenue.
January 9, 1973
Nancy Goodman, Mr. and Mrs. Philip, 502
Knickerbocker Rd.
Missy Holmes, Mr. and Mrs. Edward, 175
Westervelt Ave.
Phylls Hutloff, Mr. and Mrs. Harry, 58 N.
Browning Ave.
Darleen Hillard, Mr. and Mrs. Harry, 37
Jewett Ave.
Jane Heely, Mr. and Mrs. Roy, 22 Kenwood
Road.
Mary Hlckey, Mr. and Mrs. John, 224
Hickory Ave.
Carol Khoury, Mr. and Mrs. John, 9 Hugue-
not Ct
Carol Krehely, Mr. and Mrs. John, 36 Oak
Street.
Laurie LaVlola, Mr. and Mrs. Michael,
Litchfield Way, Alpine.
Pam and Tory Lerner, Mrs. Constance, 1
Lindley Ave.
Judy Maragliano, Mr. and Mrs. Carl, 183
County Road.
Nancy Miller, Mr. and Mrs. Olsen, 142
Magnolia Ave.
Sue Nelson, Mr. and Mrs. Melvln, 28 Rob-
erts Ct.
Kathy Palamara, Mr. and Mrs. Joseph, 43
Palmer Ave.
Marie and Madeline Postolakls. Mr. and
Mrs, George. 4 Day Ave.
Francle Prosser, Mr. and Mrs. F. Wood-
ward. 27 Laurel Ave.
Sue Renaud, Mrs. Barbara, 175 Highwood
Ave.
Nancy Redard, Mr. and Mrs. W. Lee. 23
Dogwood Lane.
Wendy Rogers, Mr. and Mrs. Ronald, 20
Roberts Ct.
Terry Schnaars. Mr. and Mrs. Charges,
135 Columbus Drive.
Nancy Selling, Mr. and Mrs. Ignatz. 65 N.
Lyle Avenue.
Sue Soyster, Mr. and Mrs. Stuart, 24 Ben-
jamin Road.
Chris Spauldlng, Mr. and Mrs., 1 Spruce
St.
Barbara Steele, Mr. and Mrs. Joseph, 101
Walnut Drive.
Sue Trnka, Mr. and Mrs. Jack, 15 DeMott
St.
Joanne Young. Mr. and Mrs. James. 246
Riveredge Rd.
Monlque Srour, Mr. and Mrs. Soly, 6 White-
wood Rd.
Mae Trlmarchl, Mr. and Mrs. Carmen, 40
N. Browning Ave.
Sue Moxham, Mr. and Mrs. John. 153 Sun-
set Lane.
MAJORETTES
Debbie Carter, Mr. and Mrs. Elwood, 165
Engle St.
Sue Kane. Mr. and Mrs. Alfred, 128 Colum-
bus Drive.
Alison Klenk, Mr. and Mrs. Robert. 21
Lawrence Parkway.
Yvonne Lang. Mr. and Mrs. Alfred. 122
Columbus Drive.
Barbara Marana, Mr. and Mrs. Al. 54 Co-
lumbus Drive.
Janet Nunez. Mr. and Mrs. Frank, 35 Sun-
set Lane.
Claire Rauscher, Mr. and Mrs. Edwin, 100
Columbus Drive.
Nancy Rosenberger, Mr. and Mrs Walter.
11 Woodmere Lane.
Suzanne Sharer, Mr. and Mrs., 73 Lvle-
wood Drive.
Patty Teagno. Mr. and Mrs. Arthur, 99
Westervelt Ave.
Adrlenne Watson, Mr. and Mrs. Dirk, 85
Norman Place.
TIGERETTES
Gall Bradley, Mrs. W. Bradley, 363 Knicker-
bocker Rd.
Jane Davidson, Mr. and Mrs. John. 6 Brad-
ford Ct.
Barbie Fehrle, Mr. and Mrs. Karl, 30 Ken-
wood Road.
EXTENSIONS OF REMARKS
Laurie Graziani, Mr. and Mrs. Richard, 80
Cortlandt Place.
Winnie Kelley, Mr. and Mrs. Edward, 129
Westervelt Ave.
List Moore, Mr. and Mrs. Joseph 49
Rockingham Rd.
Pat Andrews, Mr. and Mrs. Joseph, 171
Hickory Ave.
Sue Lorentsen, Mr. and Mrs. C. Roy, 10
Floral Terrace.
721
WASHINGTON POST WOULD IM-
POSE ON ASSISTANCE TO EARTH-
QUAKE VICTIMS IN NICARAGUA
WORLD WAR I PENSION ACT
OF 1973
HON. GLENN M. ANDERSON
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. ANDERSON of California. Mr.
Speaker, no group of patriots has been
so often overlooked and so long neglected
as those Americans who served, and
served valiantly, during World War I.
A number of factors have led to this
unfortunate and unjust situation:
The education of a veteran of World
I averaged that of about a sixth grader,
yet no Government educational assist-
ance was waiting for him when he laid
dou-n his arms.
The Government did not help him
find employment, as is the case of more
recent veterans. Nor were the veterans
hospitals available as they are today.
Pension systems, such as social secu-
rity, were not created until long after
World War I ended, and by then most
veterans of the First World War were too
far along in life to build up maximum
social security benefits.
As a result, today we find that approx-
imately 700,000 World War I veterans,
as well over half of their total numbers,
are scraping out a meager existence on
less than $2,500 per year.
The pension system that is in effect is
a type of welfare that is beneath the
dignity of those who have contributed
greatly to our country — not only by their
war service — but also through the years
as private citizens.
For example, a married veteran of
World War I, whose annual income is
$500 or less, is entitled to $140 a month
pension. No pension is payable to such
a veteran whose annual income exceeds
$3,800, even though the Government de-
fines "poverty" as an income of less than
$4,200 per year.
The veteran without dependents is
eligible for pension only if his annual ip-
come is less than $2,300.
To correct the injustice that has Ifed
to the financial plight of the World War
I veteran, I am today reintroducing a
proposal which would provide a $150
a month pension for either the veteran
or his widow. This pension would be paid
to the veteran — not on a welfare basis —
but because he earned it defending our
country.
Mr. Speaker, of this 5 million who
served our country in uniform during
World War I. only 1.2 million are still
alive and their average age is almost 78.
They deserve a pension — not only as a
matter of need, but as a matter of right.
HON. JOHN R. RARICK
OF LOUISIANA
IN THE HOUSE OF REPRESENTATIVES
Tuesday. January 9, 1973
Mr. RARICK. Mr. Speaker, judging
from the scathing editorial on the gov-
erning official of Nicaragua, one can only
assume that the powers that guide the
Washington Post do not like the con-
trolling class of Nicaragua.
To hit at a power structure and seek
to exploit the victims of the earthquake
must entitle one to a Nobel Prize for
yellow journalism.
The Post people dislike American -
educated Senor Somoza because he is a
general and runs Nicaragua with a
strong and firm hand. Perhaps the peo-
ple at the Post fear describing the con-
ditions in devastated Nicaragua if a man
like General Somoza were forced to sur-
render his power to the masses. Over-
looked is the proximity of Nicaragua to
Castro Cuba, the constant threat by in-
filtration from communism, and the un-
mistakable fact that General Somoza—
as well as most Nicaraguans— are close
friends and allies of the United States.
Even General Somoza's most bitter po-
litical opponents concede that there had
been great changes in Nicaragua that
were benefiting the small landowner, the
peasants, and the average citizens. Un-
mistakably, the earthquake will set back
many of the reform programs to the
detriment of the poor. But it must be
considered a grave disservice to human-
ity to judge other American people and
their government by U.S. standards. Who
does lose the most in a calamity like an
earthquake? The poor who are cast into
other standards of poverty but who have
learned to live in their class, or the af-
fluent and ruling class who have invested
their wealth, ingenuity, and initiative to
improve the welfare of their fellow man
but have lost all through no fault of
their own? The answer can only be that
all have lost — relevancy can only be
measured in worth.
As one American, I feel it highly repre-
hensive for a major newspaper in our
Nation's Capital to even suggest that be-
fore we use the enormous funds and
programs of our country to help the
destitute victims of Nicaragua, we re-
quire strings on our charity requiring the
recipient to remake the country to please
some newspaper editorial writer.
Russia, Red China, North Vietnam,
and a myriad of other Communist na-
tions are also headed by strong men or
dictators. Some may wonder whey the
Post writes only glowing stories of our
trade and relief to these countries.
As one average American, my opinion
of General Somoza as a leader of his
people has been enhanced by this un-
fortanate and certainly untimely misuse
of the free press in our country.
The full text of the editorial from the
January 9, 1973, Washington Post fol-
lows:
p
ei
tl
ati
rep
lev
c
t(l
d
1
n
ai
gl
1
n
t
122
An- Opening for Change in Nicaragua?
As the International community ponders
tiie forms In which to offer special assistance
t3 earthquake-stricken Nicaragua, It would
s ;em not only fair but necessary to ask wh^
the victim of a natural disaster should get
r lore sympathy and aid than a country whose
Misfortune stems In large part from Its gov-
nment's misrule. The first and easy
stiswer — that earthquakes are non-polltlcal
and deserving of a humanitarian response —
t ndenlably has a certain appeal: the Nlca-
riguan government, notoriously Indifferent
1 1 matters beyond Its own narrow ieader-
s -lip's enrichment and power, has been plug-
ging it hard. As Nicaragua moves out of the
c inned-mllk and tent-city stage of Imme-
c late relief requirements, however, the ques-
011 becomes more real.
Plainly, no one concerned with the over-
ail welfare of Nicaragua could countenance
y ithholdlng relief In the expectation of forc-
ing political change: the Somoza family
ould loudly protest, cushioned by Its wealth,
hile the poor suffered. At a certain point,
tfiough. It becomes possible to stop thinking
Nicaragua merely as the scene of an earth-
qt.iake and to regard It Instead as a country
V hose woeful under-development has been
f cposed and deepened by the current crisis.
.AJl this point, the focus of outside effort
irns from "rebuilding" and making the
earthquake victims whole— a focus bound to
rve. say, such major owners of damaged
btislness-dlstrict property as the Somoza
fimlly — to "development" and the general
ilfare.
Development Is coming Increasingly to be
uhderstood as Improving the lives of poor
p;ople: getting to them more Income, more
SI rvices, more Jobs. Why should not the In-
ti rnatlonal lending agencies, especially those
If ndtng tax-provided funds, design projects
\(4hich sexve these particular goals? Such
ojects — aimed specifically at relieving pov-
ty rather than Just encouraging a statls-
:al Increase In economic growth — need not
d should not be limited to Nicaragua. But
>tcaragua Is a good place to have a go at it,
If only because Its form of government Is
wfiat it Is.
Now, for an agency like the Inter-Amer-
Icfcn Development Bank, for Instance, to
wrirk In t^ls way Is not particularly conge-
n al or simple. Since General Somoza has
a: ked for special help, however, he Is open
tf some reciprocal requests In turn. He might
c()n3ider what It would do for his family's
utatlon to be seen as a statesman who
ed his nation's latest natural crisis as a
■er for Improving the lot of Its poor. He
ulrl consider how embarrassing It would be
him, and how harmful to public confl-
nce In hemispheric cooperation, if It were
found that he had manipulated Inter-
tic.nal sympathy chiefly for his family's
d friends' benefit. The general might be-
1 by publicizing a list of the family's hold-
those damaged by the quake and those
t. He might then report what portion of'
Ijese holdings he Intends to devote to na-
tl?nal reconstruction. That done, he could
pi oceed by Inviting his people. In a real elec-
i m to sanction a new and somewhat more
responsive style of rule.
a ter
I gs-
TP STOP DEGRADING V.A.RIOUS
ETHNIC GROUPS IN THE MEDIA
HON. FRANK ANNUNZIO
OF ILLINOIS
IN THE HOUSE OP REPRESENTATIVES
Tuesday, January 9, 1973
^r•^ ANNUNZIO. Mr. Speaker, last
!ek I reintroduced a House Resolution
EXTENSIONS OF REMARKS
expressing the sense of Congress against
production and distribution of films that
degrade racial, religious, and ethnic
groups. This resolution had a total of 72
cosponsors in the 92d Congress demon-
strating a deep-seated concern over the
intolerable situation which has been per-
petuated by our mass media. Because of
the continuing need for the Congress to
express itself on this urgent matter, I
am bringing this problem before the at-
tention of my colleagues again in this ses-
sion.
As an American and the son of Italian
immigrants, I am only too well acquaint-
ed with the innuendoes, the guilt-by-as-
sociation techniques, the sick jokes, and
the countless other vicious, contemptible
and cruel methods employed by our mass
media to degrade members of ethnic and
minority groups.
It is high time that a halt is called to
the scurrilous portraits of ethnic Ameri-
cans which the media not only allow but
seem to encourage. Everyone knows that
Polish-Americans are no less lacking in
intelligence than other Americans, that
Italian-Americans are no more hoods
and crooks than other Americans, just
as Mexican-Americans are no lazier or
devious than the rest of us.
Such inexcusable slurs upon the dignity
and integrity of ethnic minorities are not
only an affront to the fundamental
American concept of fairplay but more
importantly, constitute a destructive at-
tack upon many of those very individuals
who have contributed in lasting and
tangible ways to the building of this Na-
tion— a nation which by its very defini-
tion is comprised of immigrants from
every corner of the globe.
Indeed, Mr. Speaker, such revered
names as Christopher Columbus, the
great Italian navigator who discovered
America; Dr. Enrico Fermi, the Italo-
American who is regarded as one of the
greatest physicists of our time and the
father of nuclear energy; Gen. Casimir
Pulaski, the eminent Polish nobleman
who first established our American cav-
alry and gave his life for our freedom
in the American Revolutionary War;
Thaddeus Kosciuszko. the Polish patriot
who fought in our Revolutionary War
and engineered the fortification of West
Point ; and so many others too numerous
to mention without whose contributions
America, the greatest democracy on
earth, would perhaps never have flour-
ished.
The most remarkable aspect of Amer-
ica is its diversity. That composite of
cultures which has gone into the makli
of America has produced one of the ricl
est, most exciting, most vital societies .^
history. It is from this diversity that the,
greatest of America springs, and it is
the triumph of America that, out of
such diversity, has come that mingling
of traditions, temperament, and cultures
which personifies the American Union.
Assimilation does not necessarily re-
quire elimination of ethnic attributes,
however. Much of the ethnic flavor intro-
duced by thousands of immigrants is of a
lasting and enduring nature, and the
people from faraway lands change Amer-
ica, even as America changes them.
It Is a tragic commentary upon our
January 9, 1973
times that those ethnic groups and mi-
nonties who have managed to retain a
vestige of their original national iden-
tity—while at the same time assimilating
the best concepts of democratic society-
should be made to suffer most acutely bv
motion pictures and television programs
which demean their identity.
Italian-Americans, PoUsh -Americans
Greek-Americans, Mexican-Americans'
black Americans, and members of every
other minority and ethnic group, who by
their vigor and pride have contributed
so much to America's strength and great-
ness—have every right to be free from
the harm directed at them bv thought-
less panderers of hatred and discord
Every minority group is justifiably proud
of its ancestry, its accomplishments and
its contributions to the advancement of
world civilization. When we destroy this
pride in "self "—we destroy the verv qual-
ity Americans possess that has" made
America great.
For too long the intolerable situation
of defaming minority groups in mass
media has been allowed to exist, and the
time is long overdue for the movie and
television industries to do much more
than the little they have done in the past
to eliminate the discord, racial strife, and
hatred they are peddling, and to reunite
our country and rededicate us to the
spirit of brotherhood in which our
Pounding Fathers established our great
democracy.
I want to make it clear that this resolu-
tion has not been introduced for the
purpose of censuring the motion picture
and television industries. We all know-
that they are fully protected by the Con-
stitution and the Supreme Court of the
United States which guarantee the free-
doms they enjoy, but at the same time, a
serious question has been raised in the
minds of miUions of Americans about the
abuse of their privilege of informing the
public and disseminating information
and news.
The press, radio, and television have
been derelict in their responsibility to
help create a society in which people are
proud to make a contribution to their
country, and are proud to respect their
own heritage and their institutions. In
America, the lack of respect that exists
today for family, for the church, and for
our institutions, has undermined our peo-
ple as well as our confidence in the direc-
tion our Nation is taking. One reason
this situation continues to exist is be-
cause we have permitted the mass media
to ridicule and to stereotype our minority
groups by using such repugnant words,
as "wop," "kike." "nigger."' and "polack."
When such derogatory terminology is
used, it can only encourage dissension,
and as a result, today we have blacks
fighting whites, and one ethnic group
pitted against another. The day of reck-
oning is finally upon us. Ma.ss media must
evaluate its policies and honestly answer
these questions: Are they causing con-
fusion and frustration? Are they abusing
their privilege and responsibility of in-
forming the people? Are they encourag-
ing the type of struggle that pits one
human being against another simply be-
cause of their racial or ethnic origin?
The power of the press, television and
January 9, 1973
motion pictures over mass behavior and
public attitudes is manifest in many
ways. This "power" was recognized
many decades ago, even before the ad-
vent of television and motion pictures,
when Napoleon I said.
Three hostile newspapers are more to be
feared than a thousand bayonets.
And even more recently, our Vice Presi-
dent, Spiro Agnew, is quoted as saying,
The power of the networks (are) equal to
that ... of local, .state, and federal govern-
ments all combined.
Such statements are good indications of
the vast power of today's media to influ-
ence public attitudes.
With open conflict and mistrust all
over the world, it is imperative that the
leaders who help to mold and develop
public opinion in the United States as-
sume the responsibility for creating
unity here at home so that we can be-
come strong and united as a nation to
meet our obligations abroad. We must
show the world that our democracy has
real meaning, that we are a nation of na-
tions, that we revere and respect our in-
stitutions, and that we are ready to
defend ourselves and our principles of
democracy anywhere in the world.
Congress must speak out forcibly on
behalf of our ethnic groups and our mi-
nority groups which have contributed so
much to the greatness of this country,
and in return, deserve nothing less than
its respect.
There is no doubt th.it those indi-
viduals who control the media are to a
great extent abusing the protection of
the first amendment, and in so doing,
they are undermining the very principle
of respect for individual rights which is
guaranteed to every American as his
birthright.
I. therefore, urge that this resolution
be favorably considered as promptly as
possible in order that the Congress may
have the opportunity to go on record as
vigorously opposing all defamatory activ-
ity directed against America's dedicated
minority groups by the news media in
the United States.
DR. HAROLD F. McNIECE
HON. HUGH L. CAREY
OF NEW YORK
IN THE HOUSE OP REPRESENTATIVES
Tuesday, January 9, 1973
Mr. CAREY of New York. Mr. Speaker,
it is with deep regi-et that I call to the
attention of my colleagues the untimely
death of Dr. Harold Francis McNiece,
professor and former dean of the St.
John's University School of Law. In his
lifetime. Dr. McNiece distingui.'^hed him-
self as an outstanding author, educator,
and humanitarian.
I insert at tiiis point the eulogy deliv-
ered by Rev. Msgr. Charles E. DIviney,
V.G., pastor of Saint Charles Borromeo
Roman Catholic Church, 21 Sidney Place,
Brookl\Ti, NY., on December 30, 1972.
In addition. I insert a short bio<rraphy
of the distinguished gentleman's life:
Eulogy for Harold McNiece,
December 30. 1972
All the flowers on the altar today have an
Intrinsic beauty of their own. But there la
EXTENSIONS OF REMARKS
one plant that has an added loveliness. This
Is why.
Last week when I returned to my room
I found It on the coffee table along with this
note, which I quote verbatim. "'We are stu-
dents at St. John's Law School and we want
to remember Professor McNiece in a special
way this Christmas. Since the Professor won't
be able to be at Mass In his own church this
season we thought maybe you would place
these flowers on the altar In his name. We
realize the church will be banked with polnt-
settias, but if you wouldn't mind maybe you
could see that this one goes right on the
altar.
We send this flower not only as a prayer
for his recovery, but In thanksgiving for
having had the privilege of his wit and wis-
dom in the classroom and the contact with
his good and gentle nature. If you could do
this we would be very grateful."
It was signed by nine of his students.
Unfortunately, due to the mysterious de-
signs of Divine Providence, he did not re-
cover. Therefore we are here to mourn our
loss but not In a spirit of Inconsolable
anguLsh or bitter sorrow but rather as the
students put it so well, in thanksgiving for
being enriched by knowing him whether as
a relative, teacher or friend. Every life In this
church and every life he touched in any way
was enobled by that experience and It was
enobled exactly as the letter said by his
wisdom, wit, goodness and gentility.
His academic achievements testify to his
scholarship. A B S. Cum Laude, and an L.L.S.
Summa Cum Laude and a Doctor of Juris-
prudence. As the fruit of the combination of
a brilliant mind and a thorough training and
grasp of his profession he produced at least
three books and thirty-eight articles In vari-
ous learned periodicals and publications.
But as St. Thomas once said, wisdom Is
more than mere knowledge. It is the ability
to use what you know In a pragmatic, prac-
tical and useful way. And in a science such
as Law, wisdom is the indispensable ingre-
dient to make it an Instrument of Justice
whereby the rights of all men are not only
protected but revered and respected. Evi-
dence of his wisdom can be found in many
and varied places but most of all in the
monument he built to the value and worth
of the law in our society. It is constructed
not of marble or bronze but much more
precious material, the living stones of his
myriad of students during the twenty-six
years as Professor and Dean of St. John's
Law School.
This same wisdom was utilized and ex-
panded also In a number of quasl-Judlclal
assignments, legislative commissions and
special committee works. Plus an extraordi-
nary amount of work for the Bar Association
and on Boards of Trustees for educational,
philanthropic and charitable Institutions.
To him the law was not merely a sword to
cleave through the inequities of the world
but more importantly a shield to protect the
Innocent, the poor, the alienated and the for-
gotten and neglected segments of our society.
However, what made him such a delight to
be with was his lack of pretense and absence
of all pedantry. He was as much at home
with any one of his many god-children as
he was with the outstanding members of his
profession be they lawyers. Judges, professors
or legislators. This pleasure of his company
was further enhanced by his wit. A wit that
was sharp but never hurtful, that was clever
but never derogatory or harmful. As a matter
of fact, it was a means whereby he was able
to conceal the amount of physical and psy-
chical suffering he had to cope with for years.
For the past twelve years he underwent a
series of physical catastrophes that would
have crushed a weaker spirit. Yet no word of
complaint ever crossed his lips.
This was but the crown of a lifetime of
psychic hurt that he must have had to en-
dure but to which he never alluded, because
of an infirmity that would have engulfed any
723
spirit less hardy than his own. It was an un-
forgetable lesson to all of us who sometimes
moan and groan over some much less trying
difficulty of either spirit or flesh.
Perhaps this Is why he was so gentle to
everyone. Aware of his own Internal and psy-
chical anguish he seemed determined nevei
to add to another's burden by an unkind
word or deed. That Is why he could for all
his manliness be so tender and compassionate
to others whether the other be someone as
close to him as his sister Florence during her
sickness, or his little twelve year old friend,
Matthew Thornton, who although doomed
to die, spent some of the happiest and last
hours of his short life with Just Harold In his
waterfront apartment, or perhaps one of his
many students whose problems were his prob-
lems and whose anxieties were lessened be-
cause they knew someone cared.
One time a very famous man was being
buried from St. Patrick's Cathedral which
was jammed to the doors with an overfiow
crowd. Someone approached a policeman on
duty and said they just had to get In because
they were a friend of the deceased. The
policeman replied. Sorry I can't help you
beiause everyone Is a friend. And I think this
Is true this morning. We all share this gentle
man's friendship and believe that —
"Two things upon this changing earth
Can neither change nor end:
The splendor of Christ's humble birth
The love of friend for friend."
The last quality his students alluded to in
their note was his goodness. This wew a qual-
ity that was obvious in his countenance. In
his devotion to the Eucharist, in his complete
faith. Father John Flynn, former President
of St. John's once said to me that he admired
Harold's childlike faith. Notice he said child-
like, not childish. By this I believe he meant
that once he convinced himself, by rigorous
self-analysis that the motives of credibility
for his faith were sound, he believed with
unswerving fidelity.
Because belief is the motive and well-spring
of morality, he could then live up to his
Christian ideals sincerely, persistently, and
without hesitation or doubt.
The phUosophers and theologians tell us
that goodness has a tendency to diffuse lt.=«lf
and thus the good man will help all who
come In ■contact with him reflect in some way
that goodness also. That, I believe. Is the final
legacy of this gifted and rare spirit we now
commit to Chad's mercy and Judgment.
May I conclude with a quotation from an-
other letter I received this week from a
woman I knew In Arizona whose brother had
Just died. She wrote: "Jim had been In ad-
vertising. The priest who knew Jim well
ended his funeral eulogy with these words —
'The advertisement read. Wanted: a man of
God. Position filled." "
And as we continue to pray together for
him in this Mass we offer our sincere and
heartfelt condolences to his famUy, especially
his sister Florence, his brothers George and
John, and all his friends, particularly his
alter ego. Kevin Fogerty, his colleague In the
Law School, and legal profession. We also
should remember In our sorrow the words on
his memorial card, his life is hut changed,
not ended. Therefore In the words of another
great lawyer, Thomas More, as he went to his
death, "May we merrily meet In Heaven."
.Amen.
Bior.RAPitv OF Dr. Harold F. McNicce, 1023-72
Dr. Harold Francis McNiece, Professor and
former Dean of St. John's University School
of Law, died on Wednesday. December 27,
1972 in Brooklyn Hospital.
Dr. McNloce was born In New 'Vork on
March 20. 1923. graduated cum laude from
St. John's University in 1944 and summa cum
laude from the Law School in 1945. He
received a Doctor of Juristic Science degree
from New York University In 1949 He Joined
the Law School faculty In 1946 after being
24
o:
tl-e
i n associate with the law firm of Davis, Polk
I nd Wardwell for 1 year following his grad-
\iation.
Named a Professor in 1951, he became an
Assistant Dean In 1954, an Associate Dean
la 1957 and Dean In 1960. He was on the
i card of Trustees of Cathedral College of
t le Immaculate Conception, a past president
cf the Brooklyn Society for the Prevention
cf Cruelty to Children and a past president
c f the Catholic Lawyers Guild of Brooklyn.
I ir. McNiece was a member of the American
1 ar Association, New York State Bar Asso-
clatlon. Association of the Bar of the City
c f New York. Brooklyn Bar Association. Fed-
e :al Bar Association and American Judicature
4>clety.
In tl^ ea.rly 1960's, he served as vice chair-
riian (j» the Joint Legislative Committee to
I nplenfeiit Court Reorganization, as chatr-
nian of the advisory council of the Jftlnt
LeglslaAlve Committee on Matrimonial^ and
I amily Law and as a member of the Execu-
t ve Committee of the State Conference on
Legal education. He had also served as Ex-
:utivei Director of the Judiciary Committee
o: the New York Constitutional Convention
a id as a member of the Advisory Council
Of the £lty Board of Public Welfare.
In 19%2. he received the highest award con-
ferred on faculty members, the Presidents
^:edal of St. John's. He also won the Dts-
t ngulsbed Service Award of the Brooklyn
Cliamber of Commerce, a Distinguished
Achievement Award from the Brooklyn Bar
Association and the Human Rights Award
o ■ the iState Division of Human Rights.
In 19€3. Dr. McNiece acted as special master
14 takiJig testimony on the 1960 air collision
o ' UniCed and Trans World Airline planes In
l^w York. All 128 persons aboard the two
anes and six persons on the ground were
lied.
The author of case books on torts and on
sdcur|ty transactions. Dr. McNiece. in col-
lE boratlon with Dr. Paul Dudley White, wrote
":ieart Disease and the Law", under a grant
fiom the U.S. Public Health Service.
qAIL TO THE CHIEF— OUR PRES-
roENTIAL INAUGURATIONS
HON. WILLIAM G. BRAY
OF INDIAN.'*
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9. 1973
Mr. BRAY. Mr. Speaker, in 1969 the
lajte Senator Everett M. Dirksen wrote
presidential inaugurations:
It is entirely appropriate then, that when
people have made their choice that the
tifcnsfer of governmental responsibility take
e publicly, and with the dignity and
sdlemnlty commensurate with the investl-
ttire of leadership "of the people, by the
e. for the people." The Inauguration
visible and demonstrative public evidence
the unity of the people of this great na-
)n ofrours and of the continuity of orderly
pi Iterate of government.
A p-esidential inauguration may be a
trfensfer of power from one administra-
tim to another. If the Chief Executive
sicceeds himself, then it is a symbol of
cntir^ity of government. No matter
"3 occasion. I still believe that basical-
thei American people view an inaugu-
ration in the same sense as the Uteral
trjinslfction of the word itself from the
"to consecrate or install under
auspices or omens."
The auspices and omens have not al-
ways been good, either for the man, or
p^ple
1
oU
ti'
Li itin :
gcod
EXTENSIONS OF REMARKS
for the Nation. Yet, I believe there is
something peculiarly and indefinably
American about our inaugurations. Down
through all of our history, from George
Washington's in 1789. they had had ele-
ments of drama, tragedy, and comedy
that paint some of the brightest dashes
of color on the pages of our American
annals.
It basically makes no difference which
party won when it comes to viewing the
ceremony for what it is, what it has
come to mean to us as a people, and
the symbolism we have invested it with.
It makes no major dififeience whether
the ceremony is strictly traditional, nor
whether it sees innovations never known
before. It is ours, exclusively ours, and
it always has been.
I spoke of tradition in the ceremonies ;
there is one that actually goes back cen-
turies. "Hail to the Chief!" is familiar
to all of us, not only on Inauguration
Day but at other ceremonies to herald
the arrival of the President. But the
tune is old, centuries old, so far back it
caiuiot be traced. It was first heard in
the rant and skirl of Scottish pipes and
must have, over the centuries, sounded
across the length and breadth of that
land they call the Lion of the North,
over the Isles of Skye and across the
waters of Loch Rarmoch, around the
summit of Ben Lothian and down the
slopes of the Great Glen, as it was played
to announce the arrival of the Chieftain
to a clan council.
And there are words: they come from
Sir Walter Scott's "The Lady of the
Lake," Canto n, Stanza 19:
Hall to the Chief who in triumph advances!
Honored and blessed be the ever-green plnel
Long may the tree In his banner that glances.
Flourish, the shelter and grace of our line'
Heaven send It happy dew;
Earth lend it sap anew;
Gaily to bourgeon and broadly to grow
While every highland glen.
Sends our shont back again:
Roderigh Vlch Alpine, Dho! Ho! leroel
"The Lady of the Lake" was first pub-
lished in 1810. The first recorded use of
"Hail to the Chief!" during an Inaugural
was for James Knox Polk, on March 4,
1845. James Sanderson, an American of
whom absolutely nothing else is known,
put the words and music together. But
John Philip Sousa, the March King, who
should have known if anyone would have,
^always said it was impossible to de-
termine when Sanderson did this, or
when the melody was first played in con-
nection with an American President.
The Polk Inauguration was the first of
which we know for sure.
Our first Inaugural, Washington's in
1789, had about it elements of confusion
and at times almost of comedy that have
never been duplicated since. To begin
with, the First Congress of the United
States dawdled about getting enough
Members together for a quorum to even
make the election of Washington, as
President, and John Adams, as Vice
President, an official matter.
The last act of the Continental Con-
gress specified that its successor should
convene in New York March 4, 1789. to
take the results of the Electoral College.
There was a negative feeUng toward the
Congress, not only among the public at
January 9, 1973
large but even among its own Members
Repeatedly, less than a quorum ap-
peared; this meant one adjournment
after another without any busines.s. and
this went on for a month.
Not until April 6 did a quorum show
up, after the country began to complain.
The next day couriers sped to notify
Washington and Adams of what both had
known for a month.
Like the first observance of anything
there was confusion, and it all began
over a title for the new Chief Executive.
John Adams held out for "His Most Be-
nign Highness." The Senate favored "His
Highness, the President of the United
States of America." Fortunately for the
country, the House of Representatives,
whipped into line and nudged by the
sharp-tongued frontier Representative
William Maclay. from Pennsylvania, said
what was in the Constitution was
enough: "President of the United States."
Washington did not want any title at all.
For the record, some other suggested
titles: "Excellency"; "His Highness, the
President of the United States and Pro-
tector of Their Liberties"; "His Serene
Highness"; "His Mightiness".
On the appointed day, Thursday. April
30, 1789, the Senate still wTangled over
protocol. How should Washington be re-
ceived? Should he be invited to take a
chair? Where? John Adams looked at the
crimson chair that symbolized his office.
Two men could not sit on it, obviously,
so should he give it to Washington?
Adams, in frustration, turned to the
Senate :
Gentlemen. I feel great difficulty how to
act. I am Vice President. In this I am noth-
ing, but I may be everything. But I am
president, also, of the Senate. When the
President comes into the Senate, what shall
I be? I wish, gentlemen, to think what I shall
be.
Then someone suggested maybe Wash-
ington would not want to sit down. After
all, he was coming to make a speech and
he would probably do that standing up.
The Senate passed to weightier mat-
ters. What about the House of Repre-
sentatives, when they came into the
Senate Chamber? Should they stand, as
the House of Commons stood in the
House of Lord.s, for a joint session of
England's Parliament? Then someone
remembered Commons stood because
there were not seats for them in Lords,
and for no other reason,
AH right, then, but how do we receive
the Speaker of the House? Easy— send
the Sergeant- at- Arms to the door of the
Senate with the mace. Then they re-
membered they had neither Sergeant-at-
Arms nor mace.
About then, the door to the Senate
Chamber opened and the Speaker fol-
lowed by the Representatives pushed his
way in. He had his own problems. Ac-
cording to schedule, the congressional
escort was to meet Washington at Frank-
lin House at 11 a.m. to accompany
him to Federal Hall for the inauguration
at noon. It was now well after 11. Do
you not think, gentlemen , . . ? Due to
jammed streets, the escort got there 1
hour and 10 minutes late. But they man-
aged to get back with Washington.
He was led to the second floor; John
Adams was waiting for him inside the
January 9, 1973
Senate door. He accepted the applause
of the joint Congress, unsmiling, then
there was silence. Washington looked
around for a place to sit down, spotted
Adams' crimson chair, and took it. He
became aware the Congress was waiting
for him, so he said to Adams, "I am
ready to proceed."
But no one had arranged anything
further. Washington realized this, so he
walked to the doors to the balcony at the
far end of the room. Adams fell in be-
hind, with Chancellor Robert R. Liv-
ingston of the New York judiciary, fol-
lowed by Secretary of the Senate Samuel
Allyne Otis. The congressional escort
fell in behind; this group jostled for
space on the balcony while the rest of
the Congress scrambled for a view from
the windows.
He took the oath: Livingston paused
a moment, then, softly, said, "It is done."
He then turned to the watching crowd
below and shouted "Long live George
Washington, President of the United
States." The crowd cheered; church bells
rang: cannon thundered from ships in
the harbor. There would be more cele-
bration that night, with a week of par-
ties, and America's first Inaugural Ball
on May 7 — Martha Washington missed
it. as she was still in Virginia, but George,
who loved dancing, was always first on
the floor. America's first inauguration
was over.
John Adams' inauguration, in 1797.
was quite drab. Adams loved pomp and
ceremony, but there was not any. No
show of any kind. Not even a band. No
one e.scorted him from his lodgings. Not
even a member of his family was there.
He did buy a new carriage; Adams felt
it wa.s "simple but elegant enough" but
the Philadelphia press — where the seat
of the Federal Government has moved —
sniffed at it because it was drawn by
only two horses.
There were more trials for Adams.
George Washington showed up and stole
the show. Adams had no reception, no
banquet, no ball. Everything was cen-
tered around Washington. So. after his
inauguration, John Adams went back
to his boardinghouse for lunch, as usual,
at the head of the table. He then went to
his rooms. His only caller was Washing-
ton, who stopped to say goodbye. Adams
had dinner, as usual, and went back to
his rooms, and to bed early, but could not
sleep so got up and sat down to write his
wife a letter that began:
My Dearest Friend: Your dearest friend
never had a more trying day.
Neither of Jefferson's inaugurations
had any special ceremony about them,
but during the second an incident oc-
cun-ed that was a prelude of what was to
come. Jefferson knew hundreds poured
into Washington for the event; he rea-
soned that this was the only chance they
had to see the new Executive Mansion,
so he told the Washington press that It
would be open on Inauguration Day for
anyone v,-ho wished to inspect it. Mis-
take: by the time the hordes of visitors
poured in. they were much the worse for
wear from Washington's numerous bars.
The Ea.st Room. wa.'= not yet finished: the
cry went up that there was a good place
to pet souvenir.':, prd when the mob de-
EXTENSIONS OF REMARKS
laia — CA-
)Utdoors;
the S^
th^re to
3f Henry
parted not only was the East Room in
a shambles but the tools used by the car-
penters and painters had disappeared.
Not until 1817 were inaugurals — ex-
cept Washington's first — held outdoorj
they were all indoors, either in the
ate or the House. They might be
this day, except for the pique of Henry
Clay.
After the city had been burned by the
British in August 1814 the residents of
Washington feared the seat of Govern-
ment might be moved. To head this off
they raised money to build a temporary
Capitol building at First and A Streets,
Northeast. Known as Congress Hall, the
two-story red brick building went up in
4 months.
President-elect Monroe indicated he
would take his oath in the House Cham-
ber, since it was larger than the Senate's.
Henry Clay, Speaker of the House, irked
because he had not been named Secre-
tary of State, said Congress Hall was not
built strongly enough to take the weight
of the expected crowd. Monroe did not
argue about it; he knew what had moved
Clay, so he announced he would take the
oath outdoors. Also, this was the first
time the Marine Band was to play.
In 1825, John Quincy Adams' inaugu-
ration saw several firsts. Outgoing Pi-es-
ident Monroe escorted Adams to the
Capitol, starting a precedent which con-
tinues to this day. Adams was also the
first President inaugurated in long pants.
And, another first, probably never to be
repeated, was former President John
Adams, now 90, coming down from Mas-
sachusetts to see his son sworn into the
office.
Andrew Jackson's election as President
in 1828 did not please a lot of people. As
the city filled for the inauguration, they
made no secret of their displeasure:
Daniel Webster:
I have never seen such a crowd here before.
Persons have come five hundred miles to
see General Jackson, and they really seem to
think that the country Is rescued from some
dreadful danger!
One observer said, "it was like the
inundation of northern barbarians into
Rome," gazing in disgust at the small
farmers and backwoodsmen who bought
Jackson-style neckties, and patronized
barbers advertising Jackson-style hair-
cuts, sleeping five to a bed or on pool
tables.
"The reign of King MOB seemed
triumphant," growled Supreme Court
Justice Story.
"The counti->- is ruined past redemp-
tion." moaned John Randplph of Vir-
ginia.
The sky had clouded ove\ but at the
exact moment Jackson's party stepped
out onto the inaugural platform, the
sky cleared and a brilliant sun broke
through. This was too much for the
crowd; they sent up a prolonged roar
that kept up until Jackson had made
his way to the podium.
The White House reception that fol-
lowed is legendary. It is said the White
House had the worst mess since the Brit-
ish invasion in 1814. Crowds poured into
the E.Tst Room; the punr-h was faced with
whiskey and as one sodden mob was
pushed out, a fresh batch shoved its way
725
in. Women fainted; fights broke out;
children were handed out of windows,
Jackson was pushed back into a corner;
a flying wedge of men rescued him, then
a frantic White House staff began mov-
ing the punch tubs out onto the lawn.
The crowd followed; the tubs went far-
ther and farther away until they were
outside the gates. So followed the crowd.
Every inauguration had attracted
crowds but Martin Van Buren's in 1873
set a record for the time. For the first
time in history various political clubs
sent delegates. Every possible bed was
full with as many occupants as could be
crammed into it. Enterprising stables
rented bales of hay; one group of Bos-
tonians paid to take turns dozing in the
chairs of a barbershop.
Zacharj' Taylor, inaugurated in 1849,
had been a soldier all his life and was
proud of it. His inaugural parade had
a distinctly military flair, with the odd
addition of a band of Chippewa Indians.
Taylor had once given their tribe a fear-
ful thrashing, but they seemed to have
forgotten it. The crowds were entranced;
the Chippewas. getting into the spirit of
things, got up at dawn on Inauguration
Day and began a victory dance in Tay-
lor's honor. Their own enthusiasm, plus
the approval of the crowd, kept them
going: they leaped, chanted and
screeched for hours.
Taylor's main event for the day. the
Grand Inauguration BaU, had 230 spon-
sors who were among the crowd that
cheered wildly when Taylor entered. One
of the sponsors was a young Whig Con-
gressman from Illinois named Abraham
Lincoln. Taylor stayed until 1 in the
morning; the ball roared on until 4.
Then, when the weary guests went to
get their coats and hats, they found the
servants had fled. A mammoth mound
lay piled in the middle of City Hall lob-
by. There had already been flurries of
fights over the food: the sight of a
Gibraltar of clothing led to a fresh out-
break, punctuated by curses of men and
weeping of women. Somewhere, outside,
trudging to his rooming house, bare-
headed in the blizzard, was Abraham
Lincoln. His hat was somewhere in the
pile but he did not care to stay around
and fight for it.
Allan Pinkerton, the Illinois detective,
caught up with Abraham Lincoln in a
Philadelphia hotel room near the end of
February 1861. Tlie President-elect was
on his way to Washington: Pinkerton
added his warnings to one the new Secre-
tary of State. Seward, had sent the day
before, as well as a letter from Gen. Win-
field, Scott. There was a plan afoot to
kill Lhwoln when he went through Balti-
more ami Pinkerton wanted Lincoln to
head for Washii>gfonXt once on a one-
car special
Lincoln refused: he waS\sch^uled to
address the Legislature and nme the flag
over Independence Hall for Washing-
ton's Birthday. Lincoln brushed them
aside; Jefferson Davis' inaugural ad-
dress had just been released, and he
wanted to read it.
Pinkerton left, got the services of John
Nicolay, Lincoln's secretary', and cooked
up a plan which, with some difficulty on
their part. Lincoln agreed to. The flag-
raising in Philadelphia and the legisla-
72ft
"X
ure visit In Harrisburg went as sched-
jled Then. Lincoln was hustled to the
governor's mansion, dressed in a Scot-
ish shawl and tarn, and taken by serv-
mfs door and back alleys to the rail
•ards. A special train for Philadelphia
vas waiting: the moment It left, men cut
he /telegraph wires .out of Harrisburg
ind"^topped all railway traffic. If anyone
:neT the President-elect was on his way.
hev' could not tell anyone else.
In Philadelphia the train stopped in
he outer yards and Lincoln was led to
he regular WashinE:ton .sleeper. A sec-
ion for three had been reserved under
alse names. Lincoln took the middle; on
?ither side two Pinkerton men. drawTi
■evolvers in their laps, sat awake. The
rain passed throu£jh Baltimore safely
Lnd at 6 in the morning Lincoln was in
.Va.shington. A wire went to Mrs. Lin-
loln in Harrisburg: "Plums delivered
luts safely." -««=
There were more stories to come. A
; ecr^l organization of Carolinians, kiiown
IS tae Minute Men. had sworn to be in
Vashington on March 4 with rifle and
■evolver to prevent inauguration of an
iboHtionist President. There was an Ala-
bama conspirr.cy to bum the Capitol and
he Treasury Twenty-five Texans. armed
vith knives, were going to stab the Presi-
Jentsin his carriage.
Oddly enough, Lincoln was more or
ess left on his own in the city until Mon-
iay morning. March 4. Then someone
emembered: mounted couriers dashed
hrough the city and within the hour the
ramp, tramp, tramp of a contingent of
^ed^l troops was heard in the vicinity
(if the Capitol.
President Buchanan planned to call for
Abraham Lincoln at Willard's Hotel at
noon, but was late. When the two came
nut. there w?s Buchanan's closed car-
riage waiting for them. Lincoln de-
murred: he wanted an open carriage to
; ee tfie crowds and so they could see him.
I'arafle officials muttered: a six-horse
barqilche was brought up: more orders
i.ent out. and as soon as the carriage
laov^ away from the hotel. Federal
( avalry units moved down upon it from
each side.
Thfe procession moved up Pennsylvania
^iveniie. Cavalry patrols were at each
( ro.s^street as they passed, the men
heavily armored. As they pulled up in
front of the Capitol, muzzles of sharp-
shooters' rifles gleamed from the Capitol
vind<>ws. Barely visible over the rise of a
hill Opposite was a battery of artillery.
I fo one was taking chances on anything.
Vice President Hannibal Hamlin was
.'worn in. with ceremonies in the Senate
cham^bers. The dignitaries moved toward
the door, but no one wanted to be first
( n th5 platform. Finally Senator Stephen
Douglas, of Illinois, loser in the election,
headed the line. Lincoln was the last to
£ ppear.
Five weeks later the country v,-as fight-
i ag itself.
In 1865 the Civil "War was still on but
t ae worst was over, and the end was in
sight.; It was clear it would last on!v a
saort time. The evening before. Fridsy
Marc>> 3. Lincoln was in his office vmtil
I ast t lidnight, studying and signing leg-
i ;lati(Hi. and was at it again in the morn-
i ig of* Inauguration Day. He was touchy
E bout this: he allowed no one to influ-
EXTENSIONS OF REMARKS
ence him on a bill he did not approve.
One Representative, sponsor of a partic-
ular reconstruction measure on his desk,
kept hovering around the door. Lincoln
lost his patience:
I told you twice, goddammit — no.
One of the ugliest incidents on record
dealing with inaugurations came when
Vice President Andrew Johnson of Ten-
nessee was sworn in in the Senate cham-
bers. He was still recovering from typhoid
fever and at first had not wanted to come
at all. Lincoln insisted; it would, he said,
be safer.
Johnson had come in to Washington
Friday evening and spent the evening
drinking with friends. Saturday morn-
ing, before he took the oath, he had a bad
hangover, and knew it. Thinking the
hair of the dog would help, he asked
for some and was given brandy. By the
time his ceremonies were ready he was
shambling drunk, and the performance
ruined him forever.
Lincoln's partv crossed through the
rotunda of the Capitol toward the plat-
form. As they did so. a young man broke
police ranks and almost grabbed him. A
would-be assassin? The police questioned
him, then let him go. It was John Wilkes
Booth, who proceeded to find himself a
spot to view the proceedings outside on
the Capit<.>l steps.
It had been raining all morning
but the crowd was large and in good
humor. It was right at 1 o'clock when
Lincoln stepped onto the nlatform and
approached the lectern. What happened
next was. for many, like during Jackson's
Inauguration, a sign of good fortune: the
clouds broke and a shaft of sunlight
flared down onto the Capitol building.
The next day was Sunday, so festivities
were put off until Monday, when the of-
ficial inaugural ball was scheduled in the
new Patent Office Building. A grand buf-
fet was promised, with tickets at $10
apiece, and a man could bring as many
women guests as ne wished. The Lincolns
arrived at 10:30: the supper buffet was
scheduled for midnight in the west room,
which could accommodate about 400 at a
time. The idea was good: the guests
would come in groups of 400 each. eat.
then leave.
It did not work that way. When the
doors were opened all 4,000 tried to storm
the door at once. The President and Mrs.
Lincoln viewed the scene, amazed. "It
looks." said Mrs. Lincoln, "like a scram-
ble." "Well," her husband responded,
"it appears to be a very .systematic
scramble." They left, with the help of a
friendly waiter who took them out the
back way.
Lincoln's second inauguration at the
Capitol was recorded by the camera and
what we have today is a photo that surely
must rank as one of the most mor-
bidly fascinating of all time. The shadow
of peace was on the country, yet, the
shadow of death hovered over Abraham
Lincoln. He himself sensed something,
and had told friends and relatives of
strange dreams. In one, he found him-
self in the White House, and was told the
President was dead. In another, he had
dreamed of a ship putting out into the
darkness.
Looking, today, at that picture record-
ing an event now over a century old, one
January 9, 1973
feels it was staged by the Fates, and that
somewhere, overhead, the flapping of the
wings of the Furies could have been
faintly heard. For Abraham Lincoln, the
"hari-y of midnight cavalry" was still
riding the wind. There, in the crowd,
caught by the camera with thousands
of others — and historians have now made
positive identification of the faces — v.ere
John Wilkes Booth and four other con-
spirators of the Lincoln as.assination.
Grant's first inauguration in 1869 gave
many people a chance to see, for the first
time in person, a man who was nearly
legendaiy to the country at large. His
composure impressed everyone; he knew
every eye was on him. He read his speech
in about 10 minutes, in a voice .-^o low
it could not be heard over 15 feet away,
but the crowd did not mind. They were
more interested in .^^omething else. As he
came to the end of each page, he care-
fully wet his thumb and forefinger before
turning it: the crowd was delighted with
the sign that thrir President v.-ris just a
plain, simple man.
But there was one other incident as
well, probably one of the most touching
in all inaugural history. Little Nellie
Grant, liis daughter, was on the plat-
form, wedged in with the rest of the
family behind the Supreme Court. Just
as her father was finishing. Nellie left
her seat, walked to her father's side, and
stood there holding his hand as he read
the last words. At the end of his speech,
the crowd roared its approval for Nel-
lie as well as for her father.
Crant's .^ecor;d inaugviral was the cold-
est on record — winds of 40 m.iles an hour,
and the temperature at 16 above. This
led to the most mammoth failure of an
inaugural ball ever kno>'r..
Past inaugurals had meant traffic
jams, confusion, crowding, so this time
the inaugural committee had a tempo-
raiT building erected on where Judiciary
Square is now located, at $40,000. They
were determined to do everything right:
nothing was spared for decorating, nor
for food; the list is worth repeating:
Ten thousand fried oysters: 8,000 scalloped
oysters: 8.000 pickled oysters; 63 boned
turkeys; 75 roast turkeys; 150 capons stuffed
with truffles: 15 saddles of mutton; 40 pieces
of spiced beef, each weighing 40 pounds: 200
dozen roast quail: 100 50-pound game pates:
300 tongues and 200 hams, ornamented with
Jelly: 30 baked salmon; 100 chickens: 400
partridges; 25 stuffed boars' heads; 40 10-
pound pates de foie gras; 2000 head-cheese
sandwiches: .3000 ham sandwiches: 3000 beef-
tongue sandwiches: 1600 bunches of celery;
30 barrels of salad: 2 barrels rf lettuce: 350
chickens and 2000 pounds of lobster and 6000
eggs, all boiled for salad: 1 barrel of beets:
2500 loaves of bread; 8000 rolls: 24 cases of
Prince Albert crackers: 1000 pounds of but-
ter; 300 17-pound charlotte russes; 200
moulds each of wine jelly and blanc mange;
300 gallons of ice cream; 200 gallons of
flavored Ices; 400 pounds of pastry; 150 large
cakes; 60 pyramid cakes; 25 barrels of Malaga
grapes; 15 cases of oranges; 5 cases of apples;
400 pounds of mixed candles; 10 cases of
raisins; 200 pounds of shelled almotids: 300
gallons claret pimch; 300 gallons of coffee;
200 gallons of t€a; 100 gallons of chocolate.
There were even live canaries, singing
in their cages. But no one had thought
to provide a heating system for the
building. Those who came could not even
take off their coats. The musicians were
too cold to play. No one felt like danc-
Januanj 9, 1973
ing. The food went untouched. By mid-
night, the hall was empty. The canaries?
They froze to death.
Grover Cleveland's inauguration in
1885 was the first for the Democrats in
28 years. Cleveland celebrated by not
using a manuscript for his speech, bring-
ing from Senator John Ingalls the re-
mark:
God, what a magnificent gambler!
It was also marked by the inaugural
ball being held for the first time in the
Pension Building, a mammoth structure,
which could, and did, accommodate
18,000 guests. This time, to avoid the
confusion at past balls, letter sorters
from the Post Office were detailed to
operate the cloakrooms, and traffic was
strictly controlled. One entrance for
guests on foot, or hacks; another for
those with their own vehicles ; those who
were staying only a short while, yet a
third. Two supper rooms: $1, and eat
all you wanted, with no more than 500
at a time in either one. Wine in separate
rooms, to keep drunks out of the way.
Theodore Roosevelt's inaugural ad-
dress in 1905 contained a strangely
prophetic clause, applicable in 1905, and
equally applicable today:
We have become a great nation, forced by
the fact of its greatness into relations with
other nations of the earth, and we must be-
have as beseems a people with such respon-
sibilities. Modern life Is both complex and
Intense, and the tremendous changes
wrought by the extraordinary Industrial de-
velopment of the last half -century are felt
in every fibre of our social and political
being. ... If we fail, the cause of free self-
government throughout the world will rock
to Its foundations, and therefore our respon-
Bibility is heavy, to ourselves, to the world
as It is today, and to the generations yet
unborn.
So. what to m.ake of these quadrennial
events in the overall picture and pattern
of American history? Some aspects of our
inaugurations have had splendor and
pomp and glitter that would compare fa-
vorably with the Court of Versailles under
Louis XIV. And, in contrast, there have
been incidents of humble, touching sim-
plicity as well. These things have been
known in the past and I am sure we will
experience them in the future, in varying
degrees.
I would think, though, that the most
significant thing about them — past, pres-
ent, and future — is the pattern of con-
tinuity and stability that they convey not
only to the citizens of our American Re-
public, but to the world at large. A major
political question, one with effects rang-
ing far beyond our shores, has been de-
cided for the next 4 years. It is possible,
with certain allowances, to know the gen-
eral direction in which the American Re-
public will move.
Those, then, are the two prime colors
in the picture. Surrounding them, com-
plementing them, adding those brilliant
facets that mirror human behavior and
human hope and human failing, are the
myriad of incidents I have only briefly
begun to recount here.
And, the overall picture should be
taken by us, this Republic's citizens, and
by the rest of the world, as what we have
been, what we are, and what we strive to
become. For myself, I find it bright and
honorable; not without its touches of pet-
EXTENSIONS OF REMARKS
tiness or Its shadows of tragedy, to be
sure. But before another inauguration is
observed, we will have passed the 200th
anniversary of our establishment as a
nation, making us the world's oldest
republic, other than Switzerland. This
alone says much for us and our Insti-
tutions.
Let us, then, reflect on this, during this
inaugural period, a time for both sol-
emnity and celebration, for both humility
and pride. For our end is not yet in sight,
and many pages of our annals are yet to
be covered before the book is closed, if.
indeed, that time is ever to come.
THE PRESIDENTS HOUSING
MORATORIUM
HON. EDWARD I. KOCH
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. KOCH. Mr. Speaker, in 1949 the
Congress established as a national goal
the provision of "a decent home and a
suitable living environment for every
American family." For 20 years this goal
was largely unmet. In 1968. the Congress
reaffirmed this goal in more specific
terms in projecting a 10-year national
housing effort of 26 million new or re-
habilitated units, including 6 million
units of publicly assisted housing. Yes-
terday. Secretary George Romney in a
speech to the National Association of
Home Builders in Houston confirmed a
series of rumored White House plans to
place a freeze on new commitments for
publicly assisted housing and related
commimity development activities. These
actions threaten to destroy the hope to
provide a decent home — for every Ameri-
can family.
Initially imder the leadership of Secre-
tary Romney, the Nixon administration
used a variety of programs and devices to
stimulate hou.sing production and in-
crease the number of units for low- and
moderate-income families. In fiscal year
1970. HUD-assisted new housing starts
reached 365.090 and in fiscal year 1971,
341,400. Although these magnitudes were
insufficient to meet the pressing needs
of the Nation, they did represent a signifi-
cant increase over previous efforts. How-
ever, by calendar year 1972. the number
of such starts fell off to 250,000 simply as
a result of administrative fiat and not be-
cause of a lack of appropriated funds.
This decrease represents in toto the loss
of a city large enough to shelter 500,000
persons.
In his speech. Secretary Romney an-
nounced that the 250.000 level u1ll be
maintained for the next 18 months
through the utilization of projects which
are already well into the processing pipe-
line. The proposed level will prove to be
increasingly insufficient as the existing
housing stock ages and as more families
are priced out of the unassisted housing
market due to continued price increases
estimated at twice the rate of the
economy in general.
Beyond these considerations the 'White
House's actions represent a break of
faith with congressional intent as ex-
pressed in legislation and appropriations.
727
Even if funds are restored to the levels
reflected in congressional appropriations
after 18 months, planning and develop-
ment for new constniction will have
lapsed during the moratorium and it will
take a number of months to get moving
again. Furthermore, sponsors and build-
ers will have lost faith in the program's
continuity and will be hesitant to com-
m.it time and money when the possibility
of another .severe cutback may still exist.
In New York City alone, the Nixon ad-
ministration's actions will halt planning
and development of about 30,000 units
of new housing in the next 18 months
representing some $1 billion in construc-
tion activities. Not only will planning for
virtually all new housing for low-, mod-
erate-, and middle-income families be
stopped, but as existing commitments are
completed thousands of jobs in construc-
tion and housing related industries will
be lost.
In combination with the aimounced
freeze on new commitments for such
community development programs as
water, sewage, and open space grants,
and public facility loans, the moratorium
on assisted housing is a clear indication
of the President's lack of concern for the
problems of America's metropolitan
areas. If the White House is using these
cutbacks as a blackmail weapon to force
the Congress to hurriedly pass its special
revenue sharing program for community
development, then millions of families
through the Nation will become needless
victims of this attempted power grab.
Certainly, the Federal housing and com-
munity development programs need to be
continuously reviewed and revised where
necessary. The White House's strategy of
massive cutbacks under the guise of re-
form and preserving existing funding lev-
els will not help achieve this aim and
can only result in the most drastic
consequences.
Last week. I sent a letter to President
Nixon protesting the rumored moratori-
um. Now that the White House has de-
cided to proceed with a housing mora-
torium, I pledge my full efforts as a mem-
ber of the Banking £.nd Currency Com-
mittee to restore and improve the pro-
grams which the President has so cal-
lously cast aside.
My letter to President Nixon of Jan-
uary 4 follows:
House of Representatives.
Wasliington. D.C., January 4. 1973.
President Richard M. Nixon,
The White House.
Washington, DC.
Dear President Nixon: On December 21st.
the National HoiislnE: Conference issued a
news release indicating that the Whue House
w&s planning an eighteen month mora-
torium on the HUD subsidy programs as well
as substantial cuts m the Model Cities and
Urban Renewal efforts. Although the various
federal housing programs should be continu-
ously reviewed and revised where necessary,
such a broad gauged cutback will result
In the most dire consequences and severe
dislocations.
The Congress In the 1949 Housing Act put
forth as a national goal the provision of "a
decent home and a suitable living environ-
ment for every American family." This goal
has been reaffirmed in numerous legislative
actions and supportive appropriations. With-
out federal housing subsidies, there will be a
virtual halt to the construction of new hous-
ing for low and moderate Income families.
The projected ten year national housing goal
^28
( if tweuty-six million units, including six
nilUon units of publicly assisted housing,
' /ill simply not be realized.
Not jpnly will the proposed moratorium
(lestroj.the Intent of every Housing Bill since
949. bit it will cause substantial losses of
obs li construction and housing related
ndustr^es. Certainly, the nation can not
i .fford additional unemployment and the
I lampeuing of economic activity In a key
! ector »t the present time. Further, the
noratoi^um will work a hardship on the
: nany n*n-profit sponsors, private developers
I .nd go%*?rnmental entitles who have invested
• Ime an 1 funds on housing projects based on
ihe expectation of federal assistance.
I can, only urge that the proposed mora-
lorium he reconsidered and rejected. Instead,
1 et us w>ork together to provide more viable
; nd responsive housing programs.
J Sincerely,
4 Eh3w.\RD I. Koch.
I
A PROFILE OF PETER BRENNAN
HON. RONALD V. DELLUMS
>* OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. DELLUMS. Mr. Speaker, Mr. Wil-
am GAuld. a professor of labor law at
Stanfoiid Law School, has been wTiting
iDr soaife time on government, minorities,
t he lab6r movement, and the role of law
in securing full employment opportuni-
ties. He,Tecently wrole ar incisive article
in the JFation magazine. I include this
f rticle ii the Record :
4abor Ay^D Nixon — Moving the Hard-Hats In
(By William Gould)
President NLxon's appointment of Peter
^rennarn head of New York City's building
trades, ajs ^cretary of Labor is not merely a
• politic^ payoff." To be sure. Mr. Brennan's
eft expressed enthusiasm for the President's
c omestic and foreign policies demonstrated
.sufflcleni political fealty. Brennan first
tuined National recognition when he led
c emonstratlons In lower Manhattan to sup-
fort the Nixon war policy In Indochina —
c emonstratlons in which a number of stu-
c ents holding contrary views were beaten up.
But much more Is Involved. The Nixon Ad-
liiinlstratlon Is attempting to establish a
f rmer foundation for its newly won blue-
CDllar cojistltuency. In so doing. It has clev-
erly widened the cleavage between the In-
d ustrlal unions — whose leaders piously
praised Brennan for the record — and the
riore coJ^ervatlve crafts, whose social vision
c oes not extend further than the next wage
1 icreasea for their white memberships.
For the first time since the Roosevelt New
Ileal co^ltlon formed forty years ago, the
I nlons 3n 1972 deserted tlie Democratic
I arty Ini significant numbers. And for the
f rst time, the workers themselves deserted
t le Democratic standard bearer as well. A re-
c;ntly released Gallup poll shows that 54
per centiof union families voted for Nixon — ■
5 5 per c4nt supported Senator Humphrey In
1P68.
The defection of organized labor's leader-
ship from the McGovern-Shrlver campaign
i; a.s herajded bv the announced neutrality of
.■'FL-CIC President George Meany and I. W.
f bel of the Steelworkers. These gestures were
fjllowediby active support for President
J Ixon's (jandldacy provided by the Interna-
t onal Brptherhood of Teamsters. Teamster
Ireslden.* Frank Pitzslmmons was the only
li ibor mel nber of the Pay Board not to resign
1 ist MaiJch: by a coincidence, the White
i:ouse announced withdrawal of compulsory
arbitration legislation aimed at traosporta-
EXTENSIONS OF REMARKS
tlon disputes almost simultaneously with the
Teamster endorsement. Although Senator
McGovern had the most endorsements from
labor (eight of the major unions backed
him — among them the UAW, Retail Clerks,
Machinists, and State, County & Municipal
Employees), the erosion of traditional una-
nimity damaged the Democrats.
Mr. Brennan explained the position of ap-
proximately thirty New York City unions,
including the Patrolmen's Benevolent Asso-
ciation, the Fire Fighters and the Sanitation-
men's unions at the formation of the Labor
Leaders Committee for the Re-election of
Nixon: "We put our country first." A day
earlier In Washington, seventeen building
trades internationals, accounting for 3.5 mil-
lion of the AFL-CIO's 13.6 million member-
ship, had denounced the McGovern policies
as "unacceptable" and said: "We are con-
vinced that the election of President Nixon
wUl serve the interests of our members as
Americans and building tradesmen."
Accordingly, the Brennan appointment is
a straightforward attempt to serve those
Interests — and to serve them at the expense
of the more progressive Industrial and public
employee unions (like the UAW and State,
County & Municipal Employees union), as
well as minority groups traditionally ex-
cluded from the five almost exclusively white
mechanical trades In construction. (These
are the plumbers and pipefitters, electrical
workers, sheet metal workers, ironworkers
and operating engineers.)
When Brennan was questioned at a press
conference after his nomination about bring-
ing minorities Into the building trades, he
said "I'm all for It." But he cited as proof
his support for the Department of Labor's
Outreach project — a program which admira-
bly demonstrates the policy of "tokenism" aa
practiced by both government and the crafts.
(According to AFI^CIO estimates less than 5
per cent of the apprentices selected by Out-
reach In areas where it operates are from
the minorities — and in the mechanical trades
these workers are still three to five years
away from Journeyman status.) Brennan's
real attitude seems to be reflected by a state-
ment that he made, according to The New
York Times. In response to the 1963 civil
rights demands: "We won't stand for black-
mail. We had that from the Communists and
the gangsters in the thirties."
More Indicting, however, is Brennan's
antagonism toward policies devised to Inte-
grate the trades by the Nixon Administra-
tion Itself — e.g.. the Philadelphia Plan. (Ac-
tually this approach was conceived under
Johnson but Implemented by Nixon.) This
U hardly surprising In light of the AFL-CIO's
position on the 1969 plan. Its concept, now
embodied In procedures established by the
Department of Labor for Atlanta. San Fran-
cisco and St. Louis, provided for hiring black
tradesmen in accordance with "goals and
timetables" devised by the Department. Al-
most from the start, the AFL-CIO's civil
rights department has declared war on this
policy, choosing to characterize It as the
adoption of "Illegal quotas." Because of this
resistance, the Administration began a steady
retreat tn 1970. relyln^on a so-called "home-
town plan" approach for construction work,
rather than the governmentally Imposed
Philadelphia program. One obvious advance
was to be that the crafts would now begin
to permit minorities, as well as whites, to
come In as trainees rather than only as ap-
prentices. (Actually more than 70 per cent
of construction tradesmen enter the Industry
through the "back door." i.e.. routes other
than the formal apprenticeship system. The
only gateway for minorities Is the more rig-
orous apprenticeship program.)
Yet In early 1972, the chief of the agency
supervising this Labor Department pro-
gram— the Office of Federal Contract Com-
pliance— resigned because of what he charac-
terized as "llluslonary and cosmetic policies "
The retreat became a rout when on Au-
January 9, 1973
gust 18, In response to an Inquiry from the
American Jewish Congress, Mr. Nixon stated
his views on "quotas": I share the views of
the American Jewish Congress In opposing
the concepts of quotas and proportional rep-
resentation. ... I do not believe that these
are appropriate means of achieving equal-
employment opportunities." More signif-
icantly, a week later the President ordered
the Civil Service Commission to undertake a
"complete review" of all agencies to deter-
mine that no "quota" systems were In effect
And former Secretary of Labor Hodgson
simultaneously circulated his own "review
memo" along the same lines — thus applying
the same Inhibiting principles to the govern-
ment's efforts which require contractors to
take positive steps to recruit minorities Into
their work forces.
In any event, the hometown plans are now
completely discredited by most objective ob-
servers. The reason Is evident. The approach
is predicated on the dubious proposition that
the construction unions and contractors can
monitor their own commitments to abide by
the law — even though they have been among
the principal offenders In the past.
Moreover, the plans do not even purport
to deal with any of the Institutional barriers
which the crafts have thrown In the way of
minority applicants. None of the plans re-
vises union-employer apprenticeship require-
ments as to the number of people to come
into the program, the type of entrance exam-
ination that Is to be given, the curriculum
that Is provided once an apprentice is in-
dentured, or the duration of the program
itself. On the basis of most of the evidence
available from litigated discrimination cases,
neither the content of examinations nor the
nature or duration of the training seems
geared to the actual needs of the Job. The
effect Is to let In primarily those minority
youngsters whose formal education and
work attitude qualify them for college—
whereas many ghetto high school dropouts
who lack a background In algebra and trig-
onometry, but who could do the work, are
excluded.
Finally, even In cities where voluntary pro-
grams have been relatively successful as, for
example. In Boston, the government has not
Issued reports or audits to show whether
employees who are being counted as success-
ful minority group recruits were actually
working on a regular basis.
Nevertheless, despite all these deficiencies
and the obvious willingness of most craft
unions to devise such programs as a hedge
against legal action that might be taken
against them, Brennan vociferously objected
to the Introduction of a watered-down home-
town plan in New York City. One Depart-
ment of Labor official said of his position
two years ago: "We couldn't get that guv to
accept anything— and finally when he de-
cided that some kind of plan was necessary,
he shoved his own version down our throats
through the White House."
The plan for New York that was finally
accepted by the Department of Labor had
no minimum wage, ran for only one year,
and did not oblige the unions to admit any
black employees at any time. However, the
firms which adhered to this plan were
deemed "automatically" In compliance with
the Executive Order that prohibits discrim-
ination by contractors and requires affirma-
tive action "o Include minorities In the work
force.
Further, the Secretary of Labor-designate
Is predictably antediluvian when It comes
to any question of revising apprenticeship
programs. A prominent liberal vice president
of an Industrial union expressed his amaze-
ment when Brennan stood up at a recent
Washington meeting of the Bureau of .Ap-
prenticeship and Training to defend a five-
year apprenticeship program for the painters
(Brennan Is a member of that union). Said
Brennan: "When you see a worker painting
a celling and you can see the paint running
January 9, 1973
down his arm, then you know that he hasn't
been through a five-year apprenticeship
program."
Accordingly, while one can expect appro-
priate gestures, such as the establishment
of more hometown and Outreach apprentice-
ship plans, the possible appointment of a
black trade unionist to the Department of
Labor, and the announcement of a slightly
beefed-up New York City Plan before Bren-
nan comes up for Senate confirmation, the
man Is essentially hostile to equal-employ-
ment opportunity. Moreover, Brennan's op-
position to the Philadelphia Plan, like that
of George Meany, apparently means the end
of aiiy Imposed plan even where the crafts
deliberately flout their legal obligations.
(This, of course, assumes that responsibility
in this area Is not transferred from the De-
partment of Labor to some other agency,
perhaps the Office of Management and Budg-
et— although even if OMB got control, the
results would probably not be any better.)
Indeed, it is Interesting to note that the
Chicago Plan, once hailed by both Meany
and Secretary of the Treasury George Shultz
as the hometown answer to the Philadelphia
Plan, has floundered for three years and has
Just recently been restarted from scratch.
One can properly assume that a policy of
voluntarism will once again be the signal to
avoid legal obligations.
Another effect of the Brennan appoint-
ment will be to rescue those unions which
have been somewhat beleaguered because of
their performance on Issues other than race.
After all. it is designed to please that segment
of the labor movement most often attacked
both for its resistance to productivity and
work rules and for its Jurisdictional squab-
bles. The establishment of wage restraint
machinery for construction In advance of
Phases I and II acknowledged the fact that
inflationary wage demands in that Industry
were being emulated throughout the econ-
omy by industrial unions and others.
Attempts to form a new blue-collar con-
stituency do not stop with the construction
trades. Frank Fitzslmmons of the Teamsters
was offered the Secretary of Labor position
before it went to Brennan. He has switched
his Washington law business from the Ed-
ward Bennett Williams law firm, which repre-
sents the Democratic Party In the Watergate
litigation, to a law firm soon to be Joined by
White House assistant Chuck Colson, a prin-
cipal sponsor of the Nixon trade-union
alliance and also Involved in the Watergate
matter. Fitzslmmons' dismissal of Harold
Gibbous from the Teamster executive board
because of the letter's support for Senator
McGovern Is another major step toward
making the Nlxon-Teamster relationship
more permanent.
One by-product of this new Nixon-labor
alliance is that black trade unionists —
alarmed by the AFL-CIO's "neutrality" to-
ward an Administration that Is appropriately
regarded as anti-black — rushed to the side
of Senator McGovern during the past cam-
paign under the stimulus of a newlv formed
Coalition of Black Trade Unionists. "This or-
ganization, though engendered by the 1972
elections, is Intended to be permanent. Ac-
cording to William Lucy, the youthful and
extremely able secretary-treasurer of the
American Federation of State, Cotinty &
Municipal Employees union and one of the
most prominent black trade unionists in the
country, the group will try to work within
the trade-union movement. But the going
will be difficult because the white unionists
who switched to Nixon in such large numbers
are upset by the racist Issues which he used
so ."Skillfully — that is, quotas and bu.sslng.
The question of whether all this will uudo
what forty years have put together cannot yet
be answered. While Democrats can easilv
bounce back In 1976 — certainly the U.AW and
AFSME, as well as some other industrial and
public employee unions will remain part of
the coalition — it remains to be seen whether
the construction and building trades, and
EXTENSIONS OF REMARKS
more important, the AFL-CIO Itself, which
they have dominated so successfully, will
make a significant contribution. Peter Bren-
nan's appointment makes the question loom
larger.
THE ANTIHIJACKING ACT OF 1973
HON. HAROLD R. COLLIER
OF ILLINOIS
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. COLLIER. Mr. Speaker, one of
the most important matters of unfin-
islied business from the last Congress is
the problem of aircraft piracy. In an
effort to deal with this problem, last week
I introduced H.R. 99. the Antihijacking
Act of 1973.
Aircraft hijacking is a supercrime that
embraces several crimes: Murder, steal-
ing, kidnapping, extortion, piracy, and
sabotage. Tliis highly dangerous activity
must be stopped and the criminals who
engage in it must be promptly and in-
evitably brought to justice, be they hard-
ened criminals, youthful adventurer."^
publicity seekers, revolutionaries, or psy-
chopaths.
Ever since the hijacking of aircraft be-
gan. I have felt that stronger laws, stiffer
penalties, and rigid enforcement would
be necessary if we were going to put a
halt to this crime. The problem was com-
plicated by the fact that seizures of air-
craft owned and operated by American
airlines and the consequent danger to
American citizens could occur while the
planes were flying over foreign countries
or over tlie oceans, thus being beyond the
jurisdiction of the United States. The
measure that I dropped into the hopper
shortly after the House of Representa-
tives organized for business is an effort to
remove some of the complications.
In a serious effort to curtail aircraft
hijacking, many nations have become
parties to international agreements that
are designed to deal effectively with the
problem. These include the Convention
for the Suppression of Unlawful Seizure
of Aircraft, also known as the Hague
Convention, which became effective on
October 14, 197i, and the earlier Con-
vention on International Civil Aviation,
also known as the Tokyo Convention.
Besides incorporating the security pro-
visions of the Tokyo Convention into the
legal code of the United States, my bill
would, if it becomes law, strengthen do-
mestic statutes on the subject of air
piracy. The President of the United
States will have the power to suspend the
right of any domestic or foreign air car-
rier to operate to and from a foreign
country that is acting in a manner in-
consistent with the Hague Convention.
Tlie Chief E.xecutive will also have the
power to suspend the operations of any
foreign air carrier between the United
States and a foreign country which con-
tinues air commerce between itself and
a counti-y v.hich is acting inconsistently
with that convention.
The bill which I have introduced pro-
vides that the Secretary of Transporta-
tion will, if he secures the approval of
the Secretary of State, have power to
withhold, revoke, or impose conditions
on operating authority of the airlines of
729
a nation that fails to meet the security
measures at or above the minimum
standards of that convention. This
power, like that given to the President.
is permissive.
My bill also provides for civil penalties
up to $1,000 per day for violations of
suspensions imposed by the President
and authorizes the Attorney General to
seek judicial enforcement of such sus-
pensions.
The Air Transportation Secuilty Act
of 1973, which is another title of my bill,
provides for the screening of passengers
in air transportation and for an air
transportation security force, besides
dealing with such matters as autho'ity
to refuse transportation — to those who
refuse consent to searches of their per-
sons or property — and carrying weapons
aboard aircraft. Wliile I respect the
views of those who have legitimate ^.nd
reasonable objections to such searclies.
often based on constitutional ground.^, I
invite their attention to the screening
and searching to which people who con-
duct business or travel inside and outside
the country are already subjected.
Visitors to the U.S. Capitol and the
House and Senate OflSce building.^ the
Supreme Court building, the White
House, and the numerous buildings that
serve the executive branch are subjected
to screening and searching. Americans
who cross intern:^ tianal boundaries are
not only screened and searched when
they enter other countries, but must be
screened and searched upon their return
to their own land. While they may not
like it. they submit more or less willingly
as they realize its necessity.
Air travel has become less hazardous
in recent years as planes have been im-
proved mechanically, safety devices have
been perfected, and pilots have been bet-
ter trained. Why not make it even safer
by doing everything possible to prevent
hijacking?
Mr. Speaker, let us do all in our power
as the people's representatives to speed
the day when aircraft pirar-y will be a
thing of the past. A stronger law is im-
perative If we are going to prevent more
and worse crimes in the air. Legislation
with teeth in it should be sent to the
White House at the earliest possible op-
portunity.
A TIME FOR CANDOR
HON. ROBERT McC ORY
OF ILLINOIS
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. McCLORY. Mr. Speaker, it is dif-
ficult for me to expiess opposition to
the President in the handling of any
subject relating to our domestic or for-
eign affairs. However, the President's de-
cision to authorize extensive bombing of "
North Vietnam above the 20th parallel-
following suspension of negotiations in
Paris — has puzzled, and di.snppointed
me.
Mr. Sijeaker. while there may have
been justification for this type of violent
and destructive military action. I have
no information upon which to condone
this step.
30
Mr. Speaker, it is most unfortunate
that the President has felt unwilling or
unable'to consult with the leaders and
Members of Congress regarding this ac-
tion. A wide gap has developed between
the White House and the Congress as a
lesult.
This gap appears to be widening and
ivould Suggest the desirability of prompt
communication on the subject of recent
ictions in Vietnam as well as the cur-
rent status of negotiations, looking to-
,vard a final termination of this dreadful
ind seemingly endless conflict.
Mr. Speaker, a most enlightening edi-
;orial appeared in Saturday's Chicago
Tribune — a newspaper which has given
r'resident Nixon generous support
hroughout his public career. The mes-
;age of this editorial suggests the desira-
Jility of prompt communication between
he President and the Congress — as well
IS the American people. The editorial
oUows :
A Time for C.\ndor
Wherever President Ni.xon looks, he sees
( rstwhlle supporters dropping away, sympa-
I hetlc columnists beset by doubts, and
labltual critics making Increasingly wild
( harges. Novembers landslide majority ap-
pears to be wilting under January's freeze.
'The White House seems Isolated from the
1 est of government, the press, and the people,
: nd the climate Is one of mutual suspicion.
The source of Mr. Nixon's present troubles. .
c f cour^. Is Viet Nam. The resumption of
the bonding, since Dec. 18. has brought
cistress,-o friend and foe alike around the
•- 'orld. aid now threatens to bring a coa-
! rontatlon with Congress which could be dls-
astrous not only for our foreign policy but
i :>r future relations between the White House
c nd Congress. The situation cries for candor
en the part of the President, and for ex-
l lanatlons which have been lacking.
It Isn't that there are no explanations for
tiie administration's actions Quite the con-
trary Mr. Nixon has achieved remarkable
successes. during hLs first term. In foreign
:?Iations he has bridged gaps that existed for
£ gener^lon. In Viet Nam he has reduced
r ur groi«d troop strength to nearly zero. At
1 ome he. has tamed an Inflation that was
r inipa.it.';whe!i he took office. The campus
r?voIutio.i of the Johnson dp.ys has subsided.
In view of this recc-d, one can logically as-
s.ime thit there are plausible explanations
fir the new bombing ar.d for its ferocity.
Sjme haye been hinted at. Hanoi may have
r aepec; on agreements made last fall." There
nia..- be a reason to know that a sudden and
iirceful jolt would persuade Hanoi that we
It 'e not tj3 be toyed with. The resumption of
Tilks, set) for next week, suggests that this
n .\y have worked. There may be good reason
'u uree tongress to keep quiet while the
!:;-uotiatl^ns continue. Maybe there will be
a I a?reet«ent by Jan. 20. the end of Mr
.N !so-."s fii'st four years in ofRce and a dead-
il le by f/hich he obviously hopes to have
p 'ace.
But Inlthe present ^'rlgld atmosphere, these
naybes may be Irrelevant. Congress Is
a oused. -It has beer, told before to keep
q .Iter duilng negotiations, and the negotla-
' oi-is fell'tnru. Sen. Saxbe, once a supporter
" ' the President, has deserted. Sen. Mans-
fi ?Id, sometimes a mild critic and often a sup-
p>rt«r of the President, now speaks in
t: ireatenlng terms.
For all these reasons, "Ir. Nixon has every
n ason to want to bridge the biggest gap of
a I — the communications gap at home — and
t' welcome closer contact with the press.
C?/igress, and other government agencies
which hare felt left out. Instead, the process
o; withdrawal persists. There has not been
a press conference since last October. When
EXTENSIONS OF REMARKS
announcements are made, they tend to be
Inadequate or Inept, as the effort to blame
the bombing of a hospital In Hanoi on North
Viet Nam's own weapons.
The White House L- understandably Irked
by the attitude of the more vindictively lib-
eral publications and broadcasters who seem
to think that Mr. Nixon Is wrong whatever
he does. But Its reaction cmacks of vlndlc-
tlveness, and is alienating other newsmen
who might normally support the President.
At home as In Viet Nan Mr. Nixon has
done what he thought was right even tho he
knew his action would be unpopular. For
the good of the economy, he has vetoed bills
and cancelled programs even tho he linew he
would be denounced for doing so. Many of
his appointments stress his determination
to hold down federal spending no matter
whose toes may be stepped on. For this polit-
ical courage he deserves credit, not abuse.
But unless he is more communicative and
candid with the people, the merits of his
position will mean little. He will be like the
motorist who was right, dead right, as he
sped along— but Is just as dead as If he
were wrong. The suspicion which now exists
on both sides is not likely to vanish by it-
self, no matter how successful next week's
peace talks prove.
Jamiary 9, 197 3
PENSION REFORM
HON. TOM RAILSBACK
OF ILLINOIS
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9. 1973
Mr. RAILSBACK. Mr. Speaker, every
American — regardless of education, in-
come, profession, race — is confronted by
the same perplexing problem: How will
I support myself in my old age? One
answer is to be covered by a pension
plan — a plan established by an employer,
imion or both, which provides cash ben-
efits for life to the qualified •worker upon
retirement. Usually benefits are financed
by regular contributions by the employer,
and, in certain cases, by the employee
himself.
The rationale behind providing pension
plans is that the security they provide
will encourage persons to be better em-
ployees. The production level will be
raised and morale improved because older
employees will be able to retire.
The first industrial pension plan in
the United States was established in
1875. At that time, the American Ex-
press Co. developed a pension plan which
provided retirement benefits to employees
who had reached the age 60 and who
had dedicated 20 years of service to the
company.
Railroads followed the American Ex-
press Co.'s lead and adopted pensions
as a convenient way of mustering out
englnemen and trainmen who were too
old for their jobs. By the turn of the
centurj', unions began financing their
own plans. In the 1920s, some local and
State governments acted similarly on
behalf of their workers. Passage of the
Revenue Act of 1921, allowing tax ex-
emptions for employer payments to trust
funds, encouraged still other employers
to set up their own plans.
However, as late as 1925, only 400
pension plans actually existed in the
United States. Further, about one-third
of the 4 million persons covered by
pension plans were employed by the four
largest corporations: American Tele-
phone & Telegraph Co., the New York
Central Railroad, the Pennsylvania
Railroad, and United States Steel.
Not untU the 1940's did pension plans
really emerge as a major economic and
social force in our economy. When wage
and salary controls were imposed during
World War II, many companies began
giving pensions instead of raises to their
employees, and used their wartime
profits to finance the plans. The num-
ber of persons covered by pension plans
incre.ised from 4 million in 1940 to 10
million in 1950.
In 1949. there was a tremendous sui'ge
in the number of pension plans. That
year, the Supreme Court upheld the Na-
tional Labor Relations Board's decision
that pensions were a proper issue for
collective bargaining. Also, the steel in-
dustry's fact-finding committee con-
cluded that the industry had a social
obligation to provide workers with pen-
sions.
Presently, private pension plans cover
over 30 million workers, nearly one-half
of all persons who work in commerce and
industry, and have assets of at least $150
billion. These funds will probably in-
crease by another $15 billion this year.
However, such facts tell us very little
about the ultimate benefits the em-
ployees actually receive. While pension
plans have been expected to perform a
major service to millions of Americans,
they serve far fewer than is commonlv
assumed and will continue to fall short
of expectations unless greatly improved.
The U.S. Senate Special Committee on
Aging predicted that only one-third to
two-fifths of all aged persons in 1980 will
receive incomes from private group pen-
sions, and virtually none of their plans
take into account cost-of-living in-
creases.
The House pension study task force
reported that employees with long serv-
ice, high earnings, and union member-
ship who work in manufacturing, trans-
portation, finance, and public utilities are
most likely to participate in a pension
plan. The persons v\ho have a relatively
short service, who are unskilled and semi-
skilled, nonunionized. and who earn low-
wages are those least likely to participate
in a pension plan. In other words, those
in greatest need in old age will probably
not benefit by pension plans.
Just as discouraging are the findings
of the Senate Labor Subcommittee. The
following information wiiich the .subcom-
mittee released in the last Congress,
clearly points out the fact that far too
many pension plans are as evanescent as
the pot of gold at the end of the rainbow.
In examining 11 terminated pension
plans which affected 22.000 persons, the
subcommittee learned:
Most participants in the plans have no idea
that benefits might or could be reduced or
eliminated. They thought they were guaran-
teed. When the plans terminated, most of the
participants found that they could not get
any Information about what pension rights
th«y had remaining, or even If they had any
rights at all.
In nearly every case, the employers shut
down operations following a merger or acqui-
sition, leaving many workers Jobless.
Januanj 9, 1973
Owing to the advanced age of many of the
newly jobless, employment opportunities, and
subsequent pension opportunities, were se-
verely curtailed.
Further investigatlo'-i by the subcommittee
revealed that since 1950. only 4% of the
nearly seven million people covered under
51 pension plans had received any kind of
retirement benefits.
.-\r.other analysis of 36 plans covering
nearly three million workers, showed that,
since 1950, only 8% of the people under the
plans had received any benefits. These fig-
ures Indicate an extremely high rate of
forfeiture.
It is obvious that pension plans are not
subject to t^horough regulation bv the
Government. Administrators need only
to report yearly on the structure and op-
eration of their funds. There is no re-
quirement for plans to be audited or in-
.sured against loss. Workers' rights to
litigate are virtuallv nonexistent.
The argument for pen.sion regulation
was excellentlv illustrated by a Labor
^ Denartment official :
In all too many ca'..es. the pension prom-
ise shrinks to this — If you remain in good
health and stay with the same company
until ycu are c5 years old. and if the com-
pany Is still in business, and if your depart-
ment has not been abolished, and If you have
not been l?.id o.T for too long a period, and
if there is enough money In the fund, and
if that money had been prudently man-
aged, you w::i get a pe.ision.
In the last Congress. I introduced a
bill to strengthen and improve the pro-
tection of participants in and benefici-
aries of employee welfare and pension
benefit plans under the V/elfare and
Pension Plans Di.'^closure .Act. The bill
had provisions regarding the duty of dis-
closure and reportina-, and flduciarj' re-
sponsibility.
I also introduced legislation which
would p?rmit an individual to set aside
certain amounts of his income for his
own personal retirement account, and
receiv.^ a corresponding tax deduction.
Individuals would be able to provide, for
the first time, for their retirement where
their employer or their union does not
already do so, or in instances where the
individuals wish to provide additional
retirement benefits because the plan un-
der which they are covered does not pro-
vide sufficient benefits.
Finally, I sponsored a comprehensive
bill on pension plans which is similar
to the Javits proposal which has re-
ceived so much attention. If enacted, my
propo.sal will establish a reasonable and
fair bais for making pension credits
nonforfeitable. Under it, pension credits
will vest at 10 percent a year starting
with the sixth year of service. Thus, after
an individual has worked 15 years, he
'vill be entitled to a 100-percent vested
right in the benefits he accumulated over
that period of time. If he decides to leave
the company, or if his employment is
terminated, the employee will be entitled
to some form of pension benefit when he
reaches the retirement age specified in
the particular plan under which he was
covered. For example, if a worker re-
mained with an employer for only 9
years, he will still have a 40-percent
vested right in the pension c-edits
earned over those 9 years.
EXTENSIONS OF REMARKS
My bill also directs that a portability
study be undertaken. Portability is the
system whereby a worker can accumu-
late pension credits from job to job. and
eventually combine them into qualifica-
tion for one single pension.
The proponents of portability stress its
need in a mobile society. As one advo-
cate explained:
The possibility of small, perhaps mlnlscule
benefits, the incompatibility of benefit pro-
vlsioiis, disproportionately high administra-
tive costs, attrition of fixed benefits by in-
flation, withdrawal of contributions, their
lack of utility for the disabled, and the non-
particlpatlon of vested deferred benefits In
plan Improvements, all argue for the desira-
bility of collecting the bits and pieces of em-
ployees' vested pension credits into one more
adequate benefit, a benefit based upon con-
tributions which have earnings and growth
up to the date of retirement.
The opponents of portability base their
argument primarily upon the complex-
ities of establishing such a system. For
example, how will the credits from plan
to plan be transferred? How will their
ultimate value be determined?
The extensive hearings conducted by
the Senate Labor and Public Welfare
Committee concluded that it is the right
of an employee to carry his pension
credits with him; but this is too complex
an area, requiring exhaustive considera-
tion, to attempt any solutions at this
point. Because I agree with the commit-
tee's recommendations, my bill directs
that a portability study be undertaken.
I also recognize the problem of fund-
ing. Through the input of contributions,
funding must catch up with accrued pen-
sion liabilities within a specified period
of time. My bill will require funding of
liabilities over 40 years for plans in ex-
istence, and 30 years for those plans
created after enactment.
A classic example of the need for ade-
quate funding requirements wns that of
the Studebaker Corporation plan which
began in 1950 and which came to an
abrupt halt in 1964. when the company
stopped manufacturing automobiles in
the United States. It was a liberal plan —
vesting at 3ge 40. after 10 years of serv-
ice. Of the 1.1.000 persons covered, 3,600
were already receiving pensions or were
eligible to do so. An additional 4.500 —
with average service of 23 years — had
vested rights. When the plan terminated
and the available money was distributed,
there was rot enough money to meet the
company's liabilities. Only the 3,600 in-
dividuals eligible or already receiving
pensions received their full share. The
4,500 vested employees, including some
nearly 60 years of age, received an aver-
age of $600 a piece — approximately 15
percent of the value of their rights. And
the remaining 2.900 employees received
absolutely nothing.
Mr. Speaker, the 92d Congress is now
history. Theoretically, we are now ofif to
a new start. However, since the last Con-
gress did not enact any of my bills — bills
which would have come to grips with the
serious problems facing far too many
Americans regarding pension plans — I
am today reintroducing each of these
pieces of legislation, with the hope and
expectation that more favorable action
i 731
will be taken in the immediate future.
1973 must usher in an era of pension
reform.
CLOSED TRIALS
HON. BELLA S. ABZUG
OF MEW YORK
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9. 1973
Ms. ABZUG. Mr. Speaker, last June,
the Committee on Civil Rights of the
Association of the Bar of the City of New
York adopted a report dealing with the
relationship of the constitutional rights
of pubhc trial and free press. The report
has been published in the November
1972 issue of The Record, the associa-
tion's official publication, and I include
its text at the conclusion of my remarks.
The question of clo.sed trials has re-
cently received much public notice due
to the closir^ of several trials of "politi-
cal" or "underworld" defendants. Much
has been made of a supposed conflict
between the sixth amendm.ent guarantee
of a public, impartial trial and the first
amendment guarantee of freedom of the
press. This excellent repoVt considers
the possibilities for such conflict, dis-
cusses alternatives to physically barring
newsmen from attending and reporting
on a trial, concludes that an actual con-
flict will rarely, if ever occur, and closes
by suggesting that —
We cannot foresee any combination of
circumstances which would Justify either
closing a criminal trial or placing involun-
tary publication restrictions upon the press.
The full text of the report follows :
[From The Record of the Association of the
Bar of the City of New York. November 1972|
Closed Tri.\ls
(By the, Committee on Civil Rights)
The question of whether a criminal trial '
may be closed to the press and or the pub-
lic has recently received considerable atten-
tion due to the closing of the trial In People
V. Persico." Indeed, the dramatic closing of
this trial almost immediately prompted (at
least until the closing was severely criticized
by the New York Court of Appeals i the clos-
ing of other trials across the state.
The question of closed trials Is but one
aspect of a larger Issue — the right of a de-
fendant to an Impartial trial versus the right
of the press to publish (and the public to
know) Information about a case. The in-
creased public interest in a growing crime
rate, together with the expansion and pro-
liferation of the news media, has tended to
underscore this Issue and dramatize the
need of our courts to come to grips with it.'
Whenever an Individual Is charged with
a crime which receives substantial news
coverage, there arises the potential for col-
lision between the right to an impartial
trial, guaranteed by the Sixth .Amendment to
the Constitution,* and the right to a free
press, guaranteed by the First Amendment.*
While some limitations ujjon the press liave
been required, permitted, or cited ap-
provingly In order to protect the right to
an impartial trial," we can find neither prec-
edent nor Justification lor so sweeping a
curtailment of so basic a constitutional
right as Is Inherent in closing a trial or pleu:-
Ing publication restrictions upon the press.
Footnotes at end of article.
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32
^ THE PERSICO CASE
The trial of Carmine Perslco on charges on
ctmspiracy and extortion began In Supreme
Csiirt. New York County, on November 8.
1 171. Shqrtly after the trial began, the New
York Times, New York Post, and New York
Laily Neu's. New York City's three major
npwspapears, published articles discussing
e defendant's criminal record, jilleging
he was connected with organized crime
noting that his nickname was "Carmine
e SnaHe." The next day, claiming that
1 lese ncT^ Itenis would prejudice his client's
Ijht to jai Impartial trial, defense counsel
nfoved fo(*a mistrial. The trial Judge denied
motion after polling the Jury and deter-
n^lJiing that no Juror had been exposed to
articles: at the same time, however, he
t ated that he considered the articles unfair
d intimated that contempt charges might
visited upon any Journalist who published
ormatton about the case other than what
urred In the courtroom.
Immedjitely thereafter, all three newspa-
publBhed stories and or editorials about
e Judge s warning. These Items also recaplt-
ated the content of the prior articles
iich had precipitated the warning. On No-
ember l5th, the next court day, the de-
i again mov.^d for a mistrial: alter-
tively. he asked for the closing of the
al to the public and the press, expressly
living "his First Amendment rights to a
;blic trial in order to Insure his Si.xth
Amendment's (slcj right to a fair trial." The
considered the second application first
over the objection of the government,
rented it "in toto." »
A group of journalists instituted a pro-
ending under Article 78 of the New York
11 Practice Law and Rules In the Appel-
e Division. Firs: Department, of the Su-
pipme Court, seeking a Judgment directing
trial judge to reopen the proceedings.'
Appellate-Division, relying primarily up-
the 1954 decision of the Court of Ap-
is in Matter of United Press Assns. v.
nte.'" dismissed the petition on the
und that the right to a public trial does
belong to either the public or the press,
t to the defendant. '^ In a lengthy dissent,
stice Murphy argued that the right to a
' "ic trial did not belong only to the de-
ant, but instead required "the state In
:rlmlnal trial to conduct the trial in a
open to any member of the public
wishes to attend. "=- He further stated
a trial might be closed only where
and Inescapable necessity" " so re-
qifcred. that this test had not been met In
hfc case at bar, and that the action of the
1 Judge constituted a needless and un-
titutional limitation upon freedom of
press.
Before the appeal of the Article 78 case was
rd by the Court of Appeals." the Perslco
1 itself ended in a verdict of acquittal on
counts.'^ The Court of Appeals neverthe-
i considered the journalists' appeal on its
merits and decided that the action of the
trihl judge in closing the trial had been In
til
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The court failed to reach the Sixth Amend-
lit Issue, flr.ding Instead that the action
the Judge had been designed to punish
f press rather than to protect the defend-,
;, and tha^ there had been no showing
It the closing would, or was necessarj- to
protect the defendant's right to an Impartial
The decision distinguished United
Assns. on the ground that the action
the PcTsico trial judge had been directed
the news media and designed to punish
1 chill their right to freedom of the press,
liereas this had not been the case in the
Her decision."
he decii^lon did not foreclose the possibll-
that a future trial could be closed, but it
1 'oot notes at end of article.
EXTENSIONS OF REMARKS
did state that If such an action could ever
be justified, only a showing that "it was nec-
essary to meet 'a serious and Imminent
threat' to 'the Integrity of the trial' " would
support it. The court stated that the stand-
ard for closing a trial altogether (if this could
ever be done) was "similar to that required to
sustain a contempt order," thus Implying
that if clrcu.mstances surroimding a trial
were such as to justify closing it, they would
also Justify placing strictures upon the right
of Journalists to publish information on it
and render them subject to contempt charges
if they violated such limitations. The deci-
sion recognized the need to protect the right
of the defendant to a fair trial, but stated
that this can be accomplished "in most In-
stances" by warning Jurors to avoid exposure
to publicity about the trial and by Instruct-
ing them to Ignore it If it did come to their
attention, and that "in extreme situations,"
sequestration of the Jury might be neces-
sary.'»
ALTERNATIVES TO CLOSED TRIALS
The benefits of public trials flow to the
public as well as to the defendant. The fact
that our courtrooms are open to any per-
son who wishes to observe the proceedings
therein is an important source of public con-
fidence m the legal system. Constant and un-
trammeled scrutiny of the judicial process
by the public and the press helps to assure
fair and diligent administration of that proc-
ess, and to assure correction of it should that
be in order. Not only does a public trial tend
to protect the defendant from the evils of
"star chamber" proceedings, but also to pro-
tect the citizenry from any possibility of
collusion between a defendant and an un-
scrupulous prosecutor or Judge. In addition
witnesses will be less Inclined to lie if their
testimony is open to public view and thus
subject to possible contradiction, and pre-
viously unknown witnesses may be prompted
to cocae forward as the result of the public-
ity attendant upon a case. The public has a
valuable stake in the open courtroom, and
the defendant cannot be the sole Judge of
when that courtroom shall be closed to the
public view.
Moreover, there are many substantial and
elTectlve remedies, short of closing a trial,
which can be employed to give full and ade-
quate protection of the Sixth Amendment
rights of the defendant without Interfering
with the First Amendment rights of the press
and the public. The use of one or more of
these less severe devices should fully protect
the defendant without In any way threaten-
ing freedom of the press.
Among those remedies are:
Strict limitation of the extra-Judlclal re-
marks of lawyers — prosecution as well as
defense — witnesses, parties, and court at-
tendants.
Delay or change of venue where pre-trial
publicity has been prejudicial.
Careful scrutiny and control of the Jury,
by voir dire and Judicial admonition. Jurors
should be instructed to disregard any preju-
dicial extra-Judlcial material which does come
to their attention and. if the court entertains
any doubt as to the continued impartiality
of one or more jurors, it should declare a
mistrial.
Jury sequestration to protect Jurors from
exposure to harmful extra-judicial material.
We agree with the suggestion of the Court
of Appeals'" that this action be taken only
In extreme circumstances, for. as Justice
Kupferman noted In the Appellate Division
opinion, sequestration means that members
of a Jury (plus alternates) [citation omitted)
who are performing a public service, many
times against their will but in the exercise
of their citizenship [citation omitted], will
be taken from family and friends for possibly
long periods of time at considerable cost and
Inconvenience. • • • Getting people to serve
on Juries Is not an easy task."
January 9, 1973
However, sequestration, where necessary is
preferable to the curtailment of freedom' of
the press.
Agreement by the press to observe "volun-
tary restraints" in their coverage of the crime
and trial. Such agreements have been en-
tered into in a number of areas, among
them Oregon, Kentucky, Massachusetts and
Toledo, Ohio.^i The Massachusetts agreement
which was made in 1963, states that "to pre-
serve the Individual's rights to a fair trial
news stories of crime should contain onlv a
factual statement of the arrest av:d attending
circumstances," =a and goes on to list the
following as behavior to be avoided b- the
news media: (1) publication of Interviews
with subpoenaed witnesses after an indict-
ment is returned; (2) publication of the
criminal record or other questionable acts
of the defendant after the Indictment Is
returned (unless testified to In court); (3)
publication of confessions or purported con-
fessions after an Indictment Is returned
unless admitted into evidence); (4) publica-
tion of testimony ordered stricken (unless It
is identified as having been ordered stricken) •
1 5) editorial co.Time.t before or during a
trial which would tend to influence
.tudge or Jury; (6) puolicatlon of names of
Juveniles without the consent of the court-
and (7) publication of any statements or
suggestions originating with police or counsel
as to the guilt or Innocence of the defendant.
As was noted earlier, there have been three
significant proposals made In recent years to
try to resolve this conflict between the rights
of the defendant and the rights of. and TJub-
11c necessity for a free and unhindered press
These proposals were embodied In the Rear-
don Report, the Medina Report, and the
Kaufman Report.
The Reardon Report, which was adopted
by the House of Delegates of the American
Bar Association in early 1968, recommended
that pretrial hearings be closed on the
motion of the defendant upon a showlni^ that
material will be dl.sclosed in such hearings
which will be inadmissible at trial, and which
should therefore not be ptiblished to a com-
munity which Includes the potential mem-
bers of the Jury. In addition, it recommended
the use of the contempt power against any
individual who publishes an extra-judicial
statement going beyond the public record
with willful Intent to affect the outcome of
the trial (if the statement seriously threatens
to have such effect) and aeainst anv Indi-
vidual who violates a Judicial order prohibit-
ing the disclosure of information adduced
In a closed pretrial hearing.
The Medina Report, which was published
by this Association in 1967, took the view
that neither the legislatures nor the courts
could limit freedom of the pres? with regard
to criminal trials and stressed the need for
the Fourth Estate to put Its "house In order"
by adopting voluntary codes to assure that
the Impartiality of trials will be protected.
The Kaufman Report, which was submitted
to the Judicial Conference of the U-iited
States In February 1968. made no recom-
mendations "at this time" with reference to
either restraints upon freedom of the press
or exclusion of Journalists from pretrial hear-
ings and other proceedings held outside the
presence of the Jury.
CONCLUSION
The Sixth Amendment rf^ht to an Im-
partial trial and the First Amendment right
to freedom of the press will rarely come into
conflict. Even v/hen a potential conflict Im-
pends, we cannot conceive of an Instance in
which the Judicious application of the alter-
natives and voluntary guidelines discussed
above would not provide adequate protection
of the Sixth Amendment right of the defend-
ant to an impartial trial, and we cannot
foresee any combination of circumstances
which would Justify either closing a criminal
January 9, 1973
trial or placing involuntary publication
restrictions upon the press."
June 12, 1972.
Respectfully submitted.
THE COMMITTEE ON CIVIL RIGHTS
Robert M. Kaufman, Chairman; Charles P,
Bergoffen, Eastman Blrkett, Raymond S.
Calamaro, Michael Cardozo, Porter Chandler,
Jack David, John R. Fernbach, Stephen J.
Frideman, Slmen Golar, Murray A. Gordon,
William S. Oreenawalt, Eric L. Hlrschborn,
John J. Klrby, Jr., Alfred J. Law, Maria L.
Marcus, Alan U. Schwartz, Donald S. Shack,
Donald J. Sullivan, Susan F. Telch, Paul L.
Tractenberg, and Milton L. Williams.
FOOTNOTES
» This report is addressed solely to criminal
proceedings against adults, and is not con-
cerned with Juvenile proceedings.
'New York Times, November 16, 1971, p. 1,
col. 5.
^See, e.g., Sheppard v. Maxwell, 384 U.S.
333 (1966); Estes v. TeXas, 381 U.S. 532
(1965) ; "Standards Relating to Fair Trial and
Free Press," Advisory Committee on Fair Trial
and Free Press of the American Bar Associa-
tion Project on Minimum Standards for Crim-
inal Justice (1968) (hereinafter, "Reardon
Report"); Freedom of the Press and Fair
Trial, Special Committee on Radio, Tele-
vision, and the Administration of Justice of
the Association of the Bar of the City of New
York (1967) hereinafter, "Medina Report");
Report to the Judicial Conference of the
United States by the Committee on Operation
of the Jury System on the "Free Press — Fair
Trial" Issue (1968) (hereinafter, "Kaufman
Report").
• In all criminal prosecutions, the accused
shall enjoy the right to a speedy and public
trial, by an Impartial jury of the State and
district wherein the crime shall have been
committed, which district shall have been
preuously ascertained by law, and to be In-
formed of the nature and cause of the ac-
cusation; to be confronted with the wit-
nesses against him; to have compulsory proc-
ess for obtaining witnesses In his favor, and
to have the Assistance of Counsel for his de-
fense."
° "Congress shall make no law respecting
an establishment of religion, or prohibiting
the free exercise thereof; or abridging the
freedom of speech, or of the press; or the
right of the people peaceably to assemble,
and to petition the Government for a redress
of grievances."
'Estes v. Texas, supra (no constitutional
right to televise courtroom proceedings);
Sheppard v. Maxwell, supra (number and lo-
cation of reporters in the courtroom may be
limited) (dictum).
'New York Times, November 16, 1971, p. 48,
col. 3.
'/bid., col. 6.
" A similar suit was brought In the United
States District Court for the Southern Dis-
trict of New York, but It was dismissed as
moot subsequent to Persico's acquittal and
has not been the subject of any further pro-
ceedings as of this writing.
"•308 N.Y. 71 (1954). This case, which was
also an Article 78 proceeding against a trial
Judge, arose out of the trial in People v. Jelke,
308 N.Y. 56 (1954), a criminal case Involving
compulsory prostitution charges against the
scion of a prominent family. In that InsUnce,
the trial Judge closed the courtroom over the
objection of the defendant in the Interest of
(1965) ; "Standards Relating to Fair Trial and
* ' * the Interests of good morals."
In the direct appeal of the criminal case,
the Court of Appeals held that the de-
fendant's Sixth Amendment right to a pub-
lic trial had been violated. The Court of Ap-
peals decided the appeal of the Article 78
proceeding on the same day, ruled that It
was moot, and went on to state that "pe-
titions [Journalists] are seeking to convert
EXTENSIONS OF REMARKS
what is essentially the right of the particular
accused into a privilege for every citizen, a
privilege which the latter may Invoke in-
dependently of, and even in hostility to, the
rights of the accused. A moment's reflection
is enough, we suggest, to demonstrate that
that cannot be, for It would deprive an ac-
cused of all power to waive his right to a
public trial and thereby prevent him from
taking a course which he may believe best
for his own Interests." 308 N.Y., at 81.
" Matter of Oliver v. Postel. 37 A.D.2d 498
(1st Dept., 1971).
^ 37 A D.2d, at 504.
" 37 A.D.2d, at 505.
"Argument took place on January 3, 1972,
and the decision of the Court of Appeals was
handed down on March 22. 1972.
" New York Times, December 8, 1971, p. 57.
" Matter of Oliver v. Postel, 30 N.Y.2d 171
(1972).
''30 N.Y.2d, at 179.
'8 30 N.Y.2d. at 182-183.
'•/bid.
"37 A.D.2d. at 501.
-' "Prosecution and the Press," by Vincent
Doyle and Hoyt Gimlin. 2 Editorial Research
Reports 481, 496 (1967).
-- Hearings on Free Press and Fair Trial Be-
fore the Subcommittee on Constitutional
Rights and the Subcommittee on Improve-
ments in Judicial Machinery of the Senate
Committee on the Judiciary, 89th Cong., 1st
Sess., p. 2, at 532-535 ( 1965) .
^^This conclusion Is not meant to question
the right of the court to limit journalistic
activity within the courtroom to the extent
reasonably necessary to preserve decorum.
Estes V. Texas, supra.
HONORABLE EGIDIO ORTONA
AMBASSADOR OF ITALY
HON. FRANK ANNUNZIO
OF IU.IN0IS
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 9, 1973
Mr. ANNUNZIO. Mr. Speaker, I would
like to call the attention of my colleagues
to an article written by Dorothy McArdle
in the Sunday, January 7, Washington
Post about the distinguished Ambassador
of Italy, Honorable Egidio Ortona.
I have had the occasion, during the
last 8 years as a Member of Congress,
to observe his work, and he has been a
steadfast champion for America and for
his own country, Italy. He has fought
vigorously to cement the great friendship
that exists between the United States
and Italy. He is a gentleman, a scholar,
and an accomplished musician, as well
as a truly outstanding diplomat.
The article follows :
Egidio Ortona: Wild Dogs and Diplomats
(By Dorothy McCardle)
It has been said that diplomacy is the
flne art of taking the wild dog syndrome out
of International relations; of taming the war-
like impulses between nations.
Italian Ambassador Egidio Ortona, who at
62 has spent 23 of his 41-year diplomatic
career In the United States, knows first-hand
about the wild dog syndrome both literally
and figuratively.
As one of Washington's most athletic am-
bassadors, he starts his day on horseback
In Rock Creek Park where every morning a
dozen homeless dogs snap at the hoofs of
his mount.
Ortona's riding companion, Edward Weln-
tal, a prominent newspaperman and former
' 733
Polish diplomat, wryly reports that the am-
bassador has had better luck with crime in
the streets than with the wild dogs of Rock
Creek Park.
"Those dogs snap, lunge and bark feroci-
ously at us every morning until we out-gal-
lop them," says Welntal, adding that com-
plaints to the police have been futile. "They
insist they can't do a thing because the D.C.
Humane Society won't permit them to shoot
the dogs with tranquillzing guns."
On the side of wild dog dlplomamy, Egidio
Ortona came to Washington the first time
In October, 1944, when World War II was
still raging with ferocity, although Italy had
surrendered In 1943. Assigned to an economic
mission seeking assistance in rebuilding
Italy after the war, Ortona also was negotiat-
ing a return of prisoners. He had intended
to stay two months but remained eight years.
He won over hard-boiled State Department
negotiators almost immediately.
"He is a professional," says one of the top
career men at State. "We rate him right be-
side the ambassador of the Soviet Union,
Dobrynln, who has been the top professional
here for 10 years.
"He came here when relations between the
United States and Italy were deeply strained.
He has remained to cement the friendship
between the two countries and to win un-
told personal friends for himself as well as
Italy."
A small, wiry man, gray-haired and volatile
with a gift for rapid Italian-accented Eng-
lish, Ortona Is one of the best-known fig-
ures on Washington's social front. Observers
say that he and his tall, sUver-halred wife,
Guilla, probably give and go to more parties
than any other diplomatic couple in town.
They are special favorites of Washington
charities and are often asked to be benefit
patrons as they were for the Washington Per-
forming Arts Society's recent "Salute to
Italy" fund-raiser concert at Kennedy Cen-
ter.
But when the Ortonas leave Washington
to return to Rome, they may be best re-
membered by some for Ambassador Ortona's
single-handed confrontation with crime here
and the aftermath of that encounter.
In April, 1969, while Ortona was walking
In Meridian Hill Park near his embassy, two
men, their hands stuffed in their pockets as
if holding guns, stopped him and demanded
money.
Instead of running or reaching for his
wallet, the slim, nimble diplomat began to
shout in his heavily-accented English at the
men who turned and fled.
The State Department called to congratu-
late him Immediately. Privately, however,
word got back to Ortona that the State De-
partment felt he had been "brave but fool-
hardy."
Two days later at Rock Creek Stables
where Ortona was preparing for his morning
canter, a call came through from the White
House.
This time It was President Nixon ready
with praise and a promise. He assured Or-
tona that new measures of protection would
be taken immediately to provide greater
security for all diplomatic missions and per-
sonnel In Washington,
Sometime later. Ambassador Ortona was
summoned to the Wlilte House. He and the
dean of the diplomatic corps, Nicaragua's
Ambassador GuUlermo SeviUa-Sacasa were
the only two foreign diplomats present when
the President signed the bUl creating the
Executive Protective Service.
"I don't know how much credit I deserve
for these measures," Ortona says with
modesty. "But I do know that the new serv-
ice has been highly successful. There have
been very, very few incidents since it was
created. Before that, there was some kind
of Incident at least once a week."
Washington's music lovers and musicians
F*ti
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34
I
CONGRESSIONAL RECORD — SENATE
Januanj 11, 1973
old Ortona in high regard for his contribu-
tions in that field.
He plays the piano though he says that it's
debatable Just how well. When he arrived
1 1 Washington five years ago as Italy's am-
l assador, the press described him as "a
luslclan." Soon he was called "a pianist."
inaUy, he learned through the press that
I am a concert pianist."
Xn his delightfully inverted English, he
s\\a\s up his talents this way:
"I Just know to play badly the piano."
" ut former Supreme Court Justice Abe
tas. who often fiddles to Ortona's piano
afccompanlment at Sunday night get-togeth- »
e -s In the Fortas home or at the Italian
e nbassy, disputes such modesty.
"He's a true lover of music, an absolutely
Irresistible man — musicians both here and
New Tork owe him a great deal. In fact."
lys Fortas, 'music in this country owes
1 enormous debt to Ortona."
Fortas says that Ortona. --more than any
her ambassador in Washington, has con-
stently held musical evenings at the em-
'5V Sometimes he pla\-s. and he plays vfell.
metlmes he Invites American or Ital^n
uslclans to play. He has encouraged yoking
niuslclans In New York as well as in Waih-
li igton."
He also has seen to It that his country
! lowed its appreciation to musicians by con-
ferring decorations upon such distinguished
as pianist Artur Rubinstein and Eugene
drmandy. conductor of the Philadelphia
Orchestra ,,
Ortona's next public musical appearance
whll be Jan. 31 when he and his favorite com-
panion at a double keyboard, former Assist-
t Secretary of Defense Robert LeBaron,
si c down at the embassy's baby grand pianos
t( entertain for Peggy LeBaron's Interna-
ttsnal Neighbors Club.
His love of music has so^netlme been a
cliallenge to hosts who don't happen to have
a piano.
Former tJ.S Ambassador to Luxembourg
afed the tJS. Chief of Protocol during the
E^enhower administration, Wiley T. Bu-
clianan Jr., whom Ortona visits every sum-
ner at Newport, found the ambassador dls-
afpearl:ig every day.
"We had no piano," says Buchanan, "so
h ; went around to homes of our friends who
d. There he would be lost at the keyboard
fQr two hours at a time,"
The Buchanans ordered a piano so that
tie Italian diplomat could find all the musl-
ci 1 comforts he missed right Inside their
fiisnt door.
I The Buchanans' grandchildren, some-
hiat confused by the ambassador's Informal
aitlre. once mistook him for a new chauffeur.
Ortona, playing along, escorted the children
to his Fiat, drove them all around Newport
and made every stop demanded. "He thought
this a huge Joke," says Buchanan.)
As the father of two grown daughters and a
son and the grandfather of three, Ortona
dotes on children.
"When my first grandchild was born, I
started the best career of my life," he says.
When his diplomatic career ends In three
years (Italy's foreign service has mandatory
retirement at age 65), Ambassador Ortona
will have the satisfaction of knowing that
he was the guiding light behind the proposed
new Italian embassy-chancery complex, to
be built on a five-acre, $1 million tract at the^cj
corner of Massachusetts Avenue and White-
haven Street. NW.
American architects will supply the tech-
nical expertise but Italian architects will
draw up plans that will include incorporation
of all works of fine art now in the present
embassy at 16th and Fuller Streets, NW.
Ortona is completing negotiations now and
will go to Rome next week to confer with
architects.
Egldio Ortona was born on Sept. 16, 1910,
in the small Piedmont hill country town of
Casale Monferrato In northern Italy.
His father was a cavalry officer in the Ital-
ian army and close friend of Caprllll, Inventor
of "the forward seat." a modern method of
riding horseback. Predictably, young Egldio
took to the saddle very young.
His musical education began at age 8 and
despite the seemingly Interminable drilling
to learn his scales, he developed a cru.sh on
his music teacher.
At age 16, when he was a student at the
local lyceum, he met tall, voluble Gullia
Rossi. He was two years ahead of her in school
and 30 far ahead of her in music that she
finally gave up playing herself.
"He was Just too good for me," says GulUa
Rossi Ortona. "It's uncanny how he can read
any piece of music at sight."
Music, tennis and dancing, which both
enjoyed, created a strong community of
Interest and in 1935 they were mAled.
But before that, during thehlift-year In-
terval between their first meeting and their
marriage. Egidlo Ortona packed considerable
education Into his young life.
He spent a year at the University of Poll-
tiers, another year at the London School of
Economics and finally got his law degree at
the University of Torino (Turin) in 1931.
He never practiced law but. Instead, entered
the Italian foreign service. He was Just 21.
At the bottom of the diplomatic career
ladder, he started his climb by serving in
posts at Cairo, Johannesburg, London and
finally Washington.
The handsome Italian Embassy, built years
before to resemble an elegant palazzo, was
closed during war years. So he worked at the
Shoreham Hotel.
"The American government had decided to
have an Italian mission come to Washington
to discuss postwar economics and rebuilding
after the war's destruction," he says. "I and
four other members of the mission were en-
gaged in problems of economic assistance for
Italy."
The longer Ortona stayed In Washington,
the more reasons he found to remain. Tne
work was fascinating and challenging— "it
was a most interesting thing to try to en-
hance relations between the United States
and Italy. The results of the Marshall Plan
in Italy between 1948 and 1952 were so
good."
Ortona became a secretary, then counselor,
then minister counselor and finally minister
of the reopened Italian embassy. His eco-
nomic skills were so valued by his govern-
ment that he often represented Italy a: such
conferences a^a the International Monetary
Fund and the International Bank for Recon-
struction and Development.
In 1958. he was assigned to the United
Nations in New 'i'ork as Italy's ambassador.
He stayed in that post until 1961 when he
was called home lor a prime spot in the for-
eign ministry as director general of economic
affairs.
He held that post until 1966 when he was
made secretary general of the Foreign Min-
istry, the top career spot equal to U.S. Under
Secretary of State.
In 1967 he was assigned to Washington,
again, this time as ambas-sador plenipotenti-
ary and extraordinary.
While he has logged up an impressive repu-
tation as a skilled and serious diplomat, he
and his wife have made an equally dramatic
Impact on the social front in Washington. In
fact, their social calendar is so packed that
Mrs. Ortona said rather helplessly the other
day that "there Is simply no time to sleep."
Ambassador Ortana does not think in
terms of missed sleep. In addition to his dip-
lomatic duties and his music, horseback rid-
ing and vigorous dally swim at the University
Club he has plans for still another activity.
"If circumstances permit," he says. "I
may try flying. I am always trying to do
everything I can."
"dh, no!" says his wife who had not heard
of his interest in flying. "I hate flying. It
makes me sick."
Chances are that Gullia Ortona, who has
never been able to talk her husband out of
anything he wants to do. will go right along
with this latest idea. Just as she has done for
nearlv four decades.
SENATE— r/jwrsrfa^, January 11, 1973
The Senate met at 12 o'clock meridian
:d vs as called to order by Hon. 'William
HATH.4WAY. a Senator from the State
Maine.
those v;hQg^ hearts are at peace with
Thee ana their fellow man.
We pray in the Redeemer's name.
Amen.
PRAYER
The Chaplain, the Reverend Edward
R. Elson. D.D., offered the following
player:
Almighty God. Creator. Preserver,
Redeemer and Judge, cleanse us of all
tljat obstructs knowing and doing Thy
11. Give us clean hands and pure hearts
lich fit us for service to Thee and to
1 people. Equip all who serve here with
full measure of grace and strength and
th a wisdom beyond our own. Make
ministers of a righteous government
!id servants of the common good. And
len the day is done, give us the rest of
Maine, to perform the duties of the Chair
during my absence.
James O. Eastland,
President pro tempore.
Mr. HATHAWAY thereupon took the
chair as Acting Pre.=ident pro tempore.
APPOINTMENT OF ACTING
PRESIDENT PRO TEMPORE
The PRESIDING OFFICER. The clerk
Rill please read a communication to the
Senate from the President pro tempore
(Mr. Eastland).
The assistant legislative clerk read the
following letter:
1 U.S. Senate.
I President pro tempore,
Washington, D.C., January 11, 1973.
To the Senate:
Being temporarily absent from the Senate
on official duties. I appoint Hon. William D.
Hathaway, a Senator from the State of
I
MESSAGES FROM THE PRESIDENT
Messages in writing from the President
of the United States were communicated
to the Senate by Mr. Marks, one of his
secretaries.
PROPOSED EXTENSION OF ECO-
NOMIC STABILIZATION ACT-
MESSAGE FROM THE PRESIDENT
The ACTING PRESIDENT pro tem-
pore (Mr. Hathaway) laid before the
January 11, 1973
CONGRESSIONAL RECORD — SENATE
735
Senate the following message from the
President, which was referred to the
Committee on Banking, Housing and
Urban Affairs:
To the Congress of the United States:
During 1969, the annual rate of infla-
tion in the United States was about six
percent. During my first term in office,
that rate has been cut nearly in half and
today tlie United States has the lowest
rate of inflation of any industrial coun-
try in the free world.
In the last year and a half, this decline
in inflation has been accompanied by a
rapid economic expansion. Civilian em-
ployment rose more rapidly during the
past year than ever before in our history
and unemployment substantially de-
clined. We now have one of the highest
economic growth rates in the developed
world.
In short, 1972 was a very good year
for the American economy. I expect 1973
and 1974 to be even better. They can, in
fact, be the best years our economy has
ever experienced — provided we have the
will and wisdom, in both the public and
private sectors, to follow appropriate
economic policies.
For the past several weeks, members of
my Administration have been reviewing
our economic policies in an effort to keep
them up to date. I deeply appreciate the
generous advice and excellent sugges-
tions we have received in our consulta-
tions with the Congress. We are also
grateful for the enormous assistance we
have received from hundreds of leaders
representing business, labor, farm and
consumer groups, and the general pub-
lic. These discussions have been extreme-
ly helpful to us in reaching several cen-
tral conclusions about our economic
future.
One major point which emerges as we
look both at the record of the past and
the prospects for the future Is the cen-
tral role of our Federal monetary and
fiscal policies. We cannot keep inflation
in check unless we keep Government
spending in check. This is why I have
insisted that our spending for fiscal year
1973 not exceed $250 billion and that our
proposed budget for fiscal year 1974 not
exceed the revenues which the existing
tax system would produce at full employ-
ment. I hope and expect that the Con-
gress will receive this budget with a simi-
lar sense of fiscal discipline. The stability
of our prices depends on the restraint of
the Congress.
As we move into a new year, and into
a new term for this Administration, we
are also moving to a new phase of our
economic stabilization program. I be-
lieve the system of controls which has
been In effect since 1971 has helped con-
siderably in improving the health of our
economy. I am today submitting to the
Congress legislation which would extend
for another year— imtil April 30 of
1974 — the basic legislation on which that
system is based, the Economic Stabil-
ization Act.
But even while we recognize the need
for continued Government restraints on
prices and wages, we also look to the
day when we can enjoy the advantages
of price stability without the disadvan-
tages of such restraints. I believe we can
prepare for that day, and hasten Its com-
ing, by modifying the present system so
that it relies to a greater extent on the
Voluntary cooperation of the private sec-
tor in making reasonable price and wage
decisions.
Under Phase III, prior approval by
the Federal Government will not be re-
quired for changes in wages and prices,
except in special problem areas. The
Federal Government, with the advice of
management and labor, will develop
standards to guide private conduct
which will be self-administering. This
means that businesses and workers will
be able to determine for themselves the
conduct that conforms to the standards.
Initially and generally we shall rely
upon the voluntary cooperation of the
private sector for reasonable observance
of the standards. However, the Federal
Government will retain the power — and
the responsibility — to step in and stop
action that would be inconsistent with
our anti-inflation goals. I have estab-
lished as the overall goal of this program
a further reduction in the inflation rate
to 2^2 percent or less by the end of 1973.
Under this program, much of the Fed-
eral machinery which worked so well
during Phase I and Phase II can be
eliminated, including the Price Commis-
sion, the Pay Board, the Committee on
tlie Health Services Industry, the Com-
mittee on State and Local Government
Cooperation, and the Rent Advisory
Board. Those who served so ably as mem-
bers of these panels and their staffs —
especially Judge George H. Boldt. Chair-
man of the Pay Board, and C. Jackson
Grayson. Jr., Chairman of the Price
Commission — have my deep appreciation
and that of their countrymen for their
devoted and effective contributions.
This new program will be adminis-
tered by the Cost of Living Council. The
Council's new Director will be John T
Dunlop. Dr. Dunlop succeeds Donald
Rumsfeld who leaves this post with the
Nation's deepest gratitude for a job well
done.
Under our new program, special efforts
will be made to combat inflation in areas
where rising prices have been particu-
larly troublesome, especially in fighting
rising food prices. Our anti-inflation
program will not be fully successful until
its impact is felt at the local supermar-
ket or corner grocery store.
I am therefore directing tiiat our cur-
rent mandatory wage and price control
system be continued with special vigor
for firms involved in food processing and
food retailing. I am also establishing a
new committee to review Government
policies which affect food prices and a
non-Government advisory group to ex-
amine other ways of achieving price
stability in food markets. I will ask this
advisory group to give special attention
to new ways of cutting costs and improv-
ing productivity at all points along the
food production, processing and distri-
bution chain. In addition, the Depart-
ment of Agriculture and the Cost of Liv-
ing Council yesterday and today aiv
nounced a number of important steps
to hold down food prices in the best
possible way — by increasing food supply.
I believe all these efforts will enable us
to check effectively the rising cost of
food without damaging the growing
prosperity of American farmers. Other
special actions which will be taken to
fight inflation include continuing the
present mandatory controls over the
health and construction industries and
continuing the present successful pro-
gram for interest and dividends.
The new policies I am announcing to-
day can mean even greater price stability
with less i-estrictive bureaucracy. Th.eir
success, iiowever, will now depend on a
firm spirit of .self-restraint both within
the Federal Government and among the
general public. If the Congress will re-
ceive our new budget with a high sense
of fiscal responsibility and if the pub-
lic will continue to demonstrate the same
spirit of voluntary cooperation which
was so important during Phase I and
Phase II, then we can bring the infla-
tion rate below 2'.. percent and usher
in an unprecedented era of full and
stable prosperity. ^
RlCH.^.RD NiXON, j
The White House, January 11, 1973. I
EXECUTIVE MESSAGES REFERRED
As in executive session, the Acting
President pro tempore (Mr. Hatha-way)
laid before the Senate messages from
the President of the United States sub-
mitting sundry nominations, which were
referred to the appropriate committees.
(The nominations received today are
printed at the end of Senate proceed-
ings.)
THE JOURNAL
Mr. MANSFIELD. Mr. President. I ask
imanimous consent that the reading of
the Journal of the proceedings of Tues-
day. January- 9. 1973. be dispensed with.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
COMMITTEE MEETINGS DURING
SENATE SESSION
Mr. MANSFIELD. Mr. President. I
ask unanimous consent that all commit-
tees may be authorized to meet during
the session of the Senate today.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
VACATING OF ORDER FOR SENATOR
ABOUREZK TO SPEAK TODAY
Mr. ROBERT C. BYRD. Mr. President.
I ask unanimous consent that the order
for the recognition of the distinguished
Senator from South Dakota (Mr.
Abourezk) to speak today be vacated.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
ORDER FOR ADJOURNMENT UNTIL
TOMORROW
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that, when' the
Senate completes its business today, it
stand in adjournment until 12 o'clock
meridian tomorrow.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
m
ORDER FOR ADJOURNMENT FROM
TOMORROW TO TUESDAY, JAN-
UARY 16, 1973
Mr. ROBERT C. BYRD. Mr. President.
ask unanimous consent that, when the
: Senate completes its business tomorrow,
it -'and in adjournment until 12 o'clock
meridian on Tuesday next.
The ACTING PRESIDENT pro tem-
]»ore. Without objection, it is so ordered.
OLAF PALME. SWEDEN'S PREMIER
Mr. SCOTT of Pennsylvania. Mr.
1 'resident, I am getting a little fed up
uith the ineffable Premier of Sweden,
Olaf Palme, who can find nothing wrong
i.ith the North Vietnamese murderers,
i .ssassins, and slaughterers, and who pre-
tends. because his majority is so frail
Ihat it depends on it, to appease the ex-
treme left by a continuance of flaring
4nti- Americanism.
I think his actions are an affront to
*ie Swedish-Americans in this country.
io far as I am concerned, I have said
that I am fed up with him. I am person-
i lly glad at the moment that we have
lio ambassador from Sweden.
At the proper time, if the Prime Min-
ter becomes rational, we would welcome
An ambassador.
CONGRESSIONAL RECORD — SENATE
ORDER OF BUSINESS
The ACTING PRESIDENT pro tem-
pore. Under the previous order, the dis-
tinguished Senator from Utah (Mr.
I loss ^ is now recognized for not to ex-
ceed 15 minutes.
I^EVIEW DRAFT OF THE NATIONAL
WATER COMMISSION REPORT
Mr. MOSS. Mr. President, the act of
September 26, 1968, cieated the National
\/'ater Commission to carry out a com-
p rehensive review of present and antici-
pated national water resource problems
and to consider the economic and social
consequences of water resource develop-
ment. The Commission, which was es-
tablished for a 5-year term, is composed
seven commissioners who were not per-
riitted to be Federal officials. It is sup-
p orted by a full-time executive secretary
afid a substantial staff.
The Commission's term will expire in
September of 1973, and by that time it
i: directed to report to the President and
t le Congress concerning its findings and
recommendations.
On November 1, 1972, after the ad-
journment of the 92d Congress, the Com-
mission released a "Review Draff of its
proposed report. In January and Febru-
ary, public hearings will be held by the
C ommission in a number of locations and
ii is possible that significant revisions
r lay be made before the report is com-
pleted.
The review draft, however, is over 1 000
pfeges in length and contains some 290
c mclusions and recommendations. It is
b isefl upon a tremendous volume of con-
t;act and staff studies, and I am in-
f >rmed that it is also a product of con-
s derable personal work by the commis-
s oners. Considering this background and
in the view of the short time remaining
for the Commission to complete its work,
I believe the review draft may be viewed
as an accm-ate preview of tiie final re-
port.
The report contains much which is
commendable, and it Is certainly com-
prehensive in scope. In my view, how-
ever, there are a number of critical de-
ficiencies in the report. If they are not
corrected by the Commission, they will
not only limit its usefulness as a basis
for sound policy action by the President
and the Congress, but wiU present a crit-
ical threat to the continued viability of
programs which are essential to the well-
being of great numbers of American citi-
zens. If, as I fear, the Commission's final
report is not greatly different from the
review draft, it will be the responsibility
of the Congress to continue the dialog
over the recommendations until the com-
plete record Is made. For that reason, I
am taking this occasion to bring the cur-
rent status of the Commission's work to
the attention of my colleagues.
STATE FEDERAL WATER RIGHTS
I was pleased to note that the report
recognizes the importance of rationaliz-
ing the complex and conflicting legal
provisions which govern water rights in
the various States. It contains a number
of important findings and recommenda-
tions concerning State water law, both
for surface and ground water, which
would do much to enhance water re-
source planning and conservation.
In this regard, I believe the Federal
Government should set an example by
resolving the difficult water rights con-
flicts which are created by the Federal
reserved public lands and the doctrine
of navigational servitude. I agree with
the Commission that Congress should act
promptly on legislation which would de-
scribe the Federal rights to water and
make future Federal water uses subject
to State rights and equitable compensa-
tion. I will be discussing this matter
further when legislation I have intro-
duced to accomplish this objective is con-
sidered.
I INTERBASIN WATER TRANSFERS
I am also generally in accord with the
Commission's findings on interbasin
transfers of water. The Commission was
specifically directed by the Congress to
examine the policy implications of major
regional water transfers, and there have
been a number of legislative prohibi-
tions against other agencies making
studies of such projects.
I was pleased that the Commission
has recommended that existing laws pro-
hibiting the study of interbasin trans-
fers be repealed. I believe that all alter-
natives for meeting future water demands
of major regions must be objectively
considered. There are great diversities of
climate within the United States. Water
resources, just as mineral, agricultural
and other natural resources, must be
developed where nature has provided
them, but they can and must be made
available where society requires them.
I have been particalarly intrigued by
the vast water resources of Northern
Canada and Alaska and the potential for
developing them to the great benefit of
both the sparsely populated regions of
the North and the water deficient regions
Januarij ll, igjs
of the more developed South. I have al-
ways advocated that studies of such pro-
grams should provide every physical,
economic, and financial guarantee
against adverse impacts in the areas of
origin of the water. I note that the Com-
mission's report contains a number of
recommendations to assure that objec-
tive.
OVEREMPHASIS ON ECONOMIC EFFICIENCY
There are other aspects of the report
which I can commend and endorse, but
there is a major flaw in the philosophy
which runs through the entire study and
which gives me grave concern. It is the
Commission's obsession with the national
efficiency-economic aspects of Federal
undertakings. A simplified, but I think
fair, characterization of the report's at-
titude is that the primary, if not the
only, criterion of the worth of any Fed-
eral water resource undertaking should
be its monetary contribution to the net
economic activity at the national level.
There are, of course, few Federal pro-
grams which are undertaken solely to in-
crease the gross national product. The
Federal water resource programs by im-
proving communications and commerce
on the inland and coastal waterways; by
encouraging permanent and prosperous
settlement of the arid West; by protect-
ing for productive use the prime lands
in the flood plains of our river systems;
by eliminating disastrous erosion dam-
ages: and in many other ways have
doubtlessly had a profound role in pro-
moting national economic strength. The
various projects or even the programs
which have had this effect over the dec-
ades, however, were not undertaken
primarily for economic reasons. They
were and are primarily social programs
concerned with improving the quality of
life and providing diversity of opportuni-
ties for the people in the project areas.
The fallacy that water resources de-
velopment should be judged entirely on
the basis of the immediate net national
economic gains which can be foreseen
and measured, therefore, is particiUarly
dangerous. It is an attitude which per-
vades the entire draft report, but it looms
largest in the comments concerning the
conventional water resource programs.
WATER RESOURCES DEVELOPMENT
In general, the Commission is highly
critical of the existing water resources
development programs carried out by
Federal agencies. I am neither surprised
nor disturbed that deficiencies were
found in the programs of the Soil Con-
servation Service, the Corps of Engi-
neers, and the Bureau of Reclamation.
I have been aware for some time that
a general review of the policy governing
these programs was needed. That, of
course, was the major reason why the
Congress established the National Water
Commission.
Some of the manifestations of the
shortcomings of existing policy are fa-
miliar to many of my colleagues.
The Water Resources Coimcil's delib-
erations over the appropriate planning
criteria for water projects is a subject
that has been of concern to the Congress
for some time. This has become the focal
point for environmental opposition to
further water development. This Issue Is
January 11, 1973
not yet resolved, and the Senate Interior
Committee and the Public Works Com-
mittees of both Houses have indicated
their intention to hold hearings on the
new criteria in the next Congress.
The President vetoed the biannual
rivers, harbors, and flood control bill
which was passed by the 92d Congress
shortly before adjournment. Within the
Senate, some of my colleagues have ex-
pressed doubts concerning the justifica-
tion of continued Federal support for tra-
ditional water supply development. The
findings of the National Water Commis-
sion are further confirmation that all is
not well. I believe, however, that the re-
port is excessively critical of the pro-
grams. Although it recognizes that Fed-
eral water resources programs have made
significant contributions to national ob-
jectives in the past, it implies that they
no longer have any such value, I reject
that contention.
The Commission has minimized the
role of water projects in regional eco-
nomic development, and the further sug-
gested that there should be no Federal
interest in regional development except
where it will promote net national
growth. Unfortunately, it Is seldom pos-
sible to analyze or even comprehend the
total national impacts of specific Federal
actions.
The direct impacts of nearly all Fed-
eral programs must be designed and
evaluated on the basis of their impacts
upon the immediate regions and people
who are served.
REGIONAL DEVELOPMENT
The simplistic notions that gains in
economic activity in one region are nec-
essarily offset by losses in another, that
increased agricultural production in the
Southwest directly results in surplus
crops in the Southeast, or that Federal
support for irrigation is an important
contributing factor in the cost of crop
supports are all too easy to claim and
are diflBcult to refute. But ours is a big
country and a complex economy. Con-
sidering the vast diversity among agri-
cultural products, differentials in grow-
ing seasons, contraints on shipping and
marketing, and the effects of interna-
tional imports and exports, I am not pre-
pared to believe that the market impacts
of gradual irrigation development in the
West are nearly as direct and conclusive
35 the report implies. Furthermore, there
is a national interest in insuring each
region the right to develop a vital econ-
omy which can support a quality life for
its residents and provide a free choice
of opportunities and life styles to a grow-
ing population. National well-being, after
all, is nothing more than the cumulative
result of regional well-being. It is clear
that the ills of any major segment of our
population will ultimately infect our
whole society, and it is a valid purpose
of the Federal Government to insure that
no region is left behind the general na-
tional progress. When — as has happened
in Appalachia for example — a major re-
gion stagnates economically, the whole
country shares the burden. As we have
learned in Appalachia, it Is a difficult and
costly task to create a new regional eco-
nomic base.
In most western regions, a sound and
CXIX 47— Part 1
CONGRESSIONAL RECORD — SENATE
737
expanding economy can only be foimded
upon the effective development of nat-
ural resources; above all, the renewable
resources land and water. In other parts
of the coimtry, a multitude of Federal
assistance programs may be effective, or
even preferable, for sustaining a sound
economy. In the arid West, however, no
amount of community facihties, high-
ways, small business assistance, or other
such aid can sustain a viable economy
without water.
Management of our precious western
water resource requires sophisticated
systems. Extensive regulating reservoirs
and conveyance works are necessary to
control widely fluctuating natural flows
wherever they occur and deliver them to
where they can be beneficially used.
Systems such as the Colorado River stor-
age project are regional in scope and are
beyond the financial capabilities of the
water users or even the States involved.
The reclamation program was founded
upon a realization that the entire Nation
has an interest in developing the poten-
tial of the arid West. The major projects
which have been undertaken in recent
years — in the Central Valley of CaUfor-
nia, and the Colorado, Columbia, and
Missouri River Basins — are a reaffirma-
tion of that national interest and a rec-
ognition of the program's past success.
These are comprehensive development
programs based upon the region's most
critical resource — and they are not yet
completed. We cannot view the remain-
ing work as a collection of independent
units which will be built or rejected
according to the accidents of construc-
tion cost fluctuations, economy drives,
transitional crop surpluses, or political
advantages.
The great reclamation developments
now underway were conceived to provide
water for the total social activity of
vast regions. Viewed as such they are
unquestionably excellent financial in-
vestments. The revenues from power and
water sales will return nearly all of the
investment costs to the Treasury; much
of them with interest. Furthermore, the
economic activity based upon the water
and power is worth many times the in-
vestment at any reasonable discount rate.
But to consummate the agreements
among the States and to fulfill the as-
pirations of all of the participating
areas, these comprehensive develop-
ments must be completed. The water
will primarily be used for agriculture be-
cause that is the predominant business
of the West and will remain its predomi-
nant business in the foreseeable future.
As time passes, more of this water will
be converted to municipal and indus-
trial uses. This has been the trend in
my home State of Utah, in central Ari-
zona, in California, and elsewhere. As
the conversion takes place, the economic
returns on water development will, of
course, increase in monetary terms. But
we need not apologize for using a large
part of our water resource on the land.
Irrigated agriculture is not simply a
matter of food and fiber production. It
is and will remain an essential factor in
maintaining a diversified economy in the
arid West. This vast region has a role
as an attractive home for a large and
prosperous segment of our national pop-
ulation. Irrigated agriculture and the
water resource development which make
it possible are essential factors in the
fulfillment of that role.
Although I am not as familiar with the
specific examples, I am sure that Fed-
eral-assisted improvement projects in
our coastal ports and inland waterways
have been, and are today, important fac-
tors in the economic health and growth
of the regions concerned.
THE FUTURE OF FEDERAL WATER RESOURCK
POLICT
The Commission's exhaustive recita-
tion of the faults which it finds with ex-
isting water programs is a manifestation
of the generally negative tone of the re-
port. I am afraid that the impresssion
which it will leave with the uninitiated
reader is that there is little or no justifi-
cation for a continuing Federal presence
in water resource management.
I would welcome a more constructive
dicussion in the final document which
would describe the Commission's view of
the remaining valid national needs and
objectives which require Federal action
and support. I would suggest that they
include at least the following:
Administration of international water
agreements including planning, con-
struction, and operation of facilities
where necessary.
Planning, development, and operation
of facilities in major river systems which
are international or multiregional in
scope, such as the Missouri, Ohio, Missis-
sippi, Colorado, and Columbia.
Technical assistance to States and re-
gional entitles in planning and develop-
ment of water resource management pro-
grams to avoid the necessity of maintain-
ing duplicate costly and sophisticated
technical staffs. This function would in-
clude financial assistance and might in-
clude the design and contract adminis-
tration of major structures where they
are required.
Continued operation and maintenance
of federally owned facilities including
making improvements in efficiency and
conversions to serve new public needs and
objectives.
Participation in regional planning and
development where Federal interests or
the national public are concerned.
Integration and coordination of water
resource programs with other Federal ac-
tivities such as highways, housing, com-
munity development, and environmental
protection programs.
Even this abbreviated list demon-
strates that the Federal Government
cannot abdicate its involvement in wa-
ter resources development. If the exist-
ing programs are not entirely in accord
with modern needs, they will not be cor-
rected by merely eniunerating their
faults, real or imagined. They will be
improved by redirecting them toward
the accomplishment of modern valid ob-
jectives. Those objectives are not nec-
essarily the ones which will result in
the greatest net increase in the gross
national product. They are not neces-
sarily the ones which can most nearly
repay their costs to the Treasury. They
are the ones which will meet real needs
of particular people in specific commu-
nities and counties and river basins.
738
CONGRESSIONAL RECORD — SENATE
January ll, 2973
I ^ urge the Commission to consider
these matters in their final draft and in
their recommendations to the President
and the Congress. Otherwise, the record
must be made in the Congress after the
report has been received.
ORDER OF BUSINESS
Mr. ROBERT C. BYRD. Mr. President,
does the Senator from Utah have any
time remaining?
The ACTING PRESIDENT pro tem-
pore. The Senator from Utah has 4 min-
utes remaining.
Mr. ROBERT C. BYRD. Mr. President,
will the Senator yield me 1 minute?
Mr. MOSS. I am glad to yield 1 min-
ute to the distinguished Senator from
West Virginia.
Mr. ROBERT C. BYRD. I thank the
Senator.
HOLIDAY RECESS SCHEDULE
FOR 1973
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent to have printed
in the Record the holiday recess sched-
ule for the Senate during 1973.
There being no objection, the schedule
was ordered to be printed in the Record,
as follows:
HoLiDAT Recess Schedule, 1973
Lincoln's Birthday (Monday, February
12) — From conclusion of business Thursday.
February 8, until Noon. Wednesday, Feb-
ruary 14.
Easter (Sunday. April 22) — From conclu-
sion of business Wednesday, April 18, until
Noon. Wednesday. April 25.
Memorial Day (Monday. May 28) — From
conclusion of business Thursday, May 24,
until Noon, Tuesday, May 29.
July 4 (Wednesday) — From conclusion of
business Tuesday, July 3, until Noon, Tues-
day. July 10.
August recess — From conclusion of busi-
ness Friday, August 3, until Noon. Wednes-
day, September 5.
Veterans Day (Monday, October 22) — From
conclusion ot' business Thursday, October 18,
until Noon, Tuesday, October 23.
Thanksgiving (Thursday, November 22) —
From conclusion of business Wednesday. No-
vember 21. untU Noon, Mondav. November 26.
ORDER FOR RECOGNITION OF SEN-
ATOR ABOUREZK on TUESDAY,
JANUARY 16, 1973
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that on Tues-
day next, following the recognition of the
two leaders, or their designees, under the
standing order, the distinguished Senator
from South Dakota <Mr. Abourezk) be
recognized for not to exceed 15 minutes.
The ACTING PRESIDENT pro tem-
pore. Without ob.iection. it is so ordered.
THE DIMENSIONS OF AMERICAN
TRADE POLICY
Mr. HUMPHREY. Mr. President, over
the weekend I had the opportunity to
participate in a conference on the future
of international trade sponsored by Busi-
ness International in San Juan, P.R.
The conference was attended by busi-
nessmen, economists, and government
officials from several nations. Such emi-
nent men as Dr. Sicco Mansholt of the
European Economic Community, Secre-
tary of Commerce Peterson and Mr.
Yusulse Kashiwagi of the Japanese Min-
istry of Finance participated in the
meetings.
Mr. President, I believe that there is
little public awareness concerning the
, great issues related to foreign trade.
This is an alarming fact since trade leg-
islation will soon be before the Congress,
and it will have a direct impact on mil-
lions of American families.
I believe that we should begin a dia-
log concerning international trade is-
sues. And it should be a dialog not
only between Members of Congress, but
between the economic super powers who
are surely heading towards an economic
confrontation in the near future.
In the next few months I plan to stim-
ulate and participate in what I hope
win be national and international dis-
cussions of the trade issue.
A reasoned and sound trade policy
must be our objective this year. But in
order to attain this goal, and in order to
satisfy the legitimate needs of both
business and labor, trade policies must be
formulated with open discussions, with
candor and without the narrow divisive-
ness between competing interests which
could limit our ability to develop policies
firmly in our national interest.
Mr. President. I ask unanimous con-
sent that my remarks to the Business
International Coherence be printed at
this point in the Record.
There being no objection, the remarks
were ordered to be printed in the Record,
as follows :
Remarks by Senator Hubert H. Humphrey
As you may well Imagine. I am not here
today to speak to you about the economics
of trade.
I have relied on the other dtetlngulshed
speakers to do that— and they have done it
extremely well.
What I do intend to address myself to is
the political dimensions of the trade issue.
I cannot emphasize enough the impor-
tance of this subject.
Few would dispute the fact that trade and
political diplomacy are meshed together
than ever before since the end of World War
11.
Tet. as clear as that fact may be. we still
are not clear about what this interrelation-
ship portends for the future.
On the positive side, the emergence of
trade and commercial policy as a number one
Issue for international political dialogue has
increasingly replaced potential milltarv con-
frontation.
But there are dangerous developments.
too. that must be provided if we are to reap
the potential benefits of this new dialogue.
To put It bluntly. I am referring to the
danger that old allies could become new
economic enemies.
What do I mean?
I mean that we are entering an era of
rapprochement with the communist bloc and
that there are those who say this could weak-
efi our relations with our allies to the extern
that such relations are built solely on de-
fense ties.
And I mean that while new trade oppor-
tunities are opening up. a new dimension of
competition, and even hostility, may be
arising among allies.
Am I suggesting the possibility of all-out
economic warfare? Surely, this Is not pre-
World War I Europe, and empires are not at
each other's throats In the search for new
markets.
But let me share with you the thought
of Professor Richard Gardner, former DemT
ty Assistant Secretary of State for Interna'
tlonal Organization Affairs. '>«rna.
As you probably know. Professor Gardner
was a member of President Nixon's Com.
mission on International Trade and Invest
ment Policy, commonly referred to as th^
Williams Commission. "®
He made four key points in testimonv be-
fore the House Foreign Affairs Committee
First, the United States, Europe and Ja'
pan are drUting into an economic war
Second, such a war can be avoiaed only
by a major negotiation launched at the hieh
est level. ^
Third, this negotiation should cover trade
monetary and investment questions
Fourth, and most critical, success in this
extraordinarily difficult negotiation wUl re-
quire major concessions from all the nar-
ties— including the United States— and an
unprecedented strengthening of Interna-
tional economic organizations.
Professor Gardner made this statement in
1971, but developments since then while
encouraging, certainly do not render hi£
judgment obsolete.
Ponder what J. Robert Schaetzel, former
Deputy Assistant Secretary of State of Eu-
ropean Affairs, had to say Just a few weeks
ago In Fortune magazine.
"America and Europe are cursed by a pre-
occupation with their own affairs and an in-
clination to deal with domestic problems in
ways that Ignore their Impact on the other
side of the Atlantic.
•The drift toward mutual hostility
threatens to retard the growth of world
trade and to complicate reform of the in-
ternational monetary system.
Ambassador Schaetze"l was speaking about
Europe, but I would suggest that his thesis
could be expanded most certainly to include
Japan.
Here the cloud of mutual mlsunderstand-
mg is even thicker, and the cause for alarm
even greater.
Neither the United States. Japan, nor the
Common Market has demonstrated the po-
litical astuteness or sensitivity which is re-
quired to avoid the profoundly adverse out-
comes which may result from present trends.
It is all ver>- well to give grandiose ad-
dresses on free trade and the glories of Amer-
ican-European and Japanese friendship.
But without any substantive backing,
these words have an increasingly hollow ring.
I fear that all of our governments have
been guilty of this, particularly the one I
know best.
Witness the President's failure to con-
sult the European community before im-
posing the Import surcharge of August 15.
1971.
Or his failure to consult or Inform Japan
before making his visit to Peking— which
caused serious domestic and foreign political
problems with a very Important trading part-
ner.
While we were treating our major trading
partners In this way. we set out to the Soviet
Union and Eastern Europe.
Rendezvousing with these previously for-
bidden partners has provided the American
people with a new optimism about future
trade.
Th3 Nation has been impre:5sed by the
President's economic openings to the east —
and the President deserves full credit.
But the clear danger is that the American
people, led by the President, will fall to
realize that the far le^s romantic business
of trading with Canada, the nations of the
Western Hemisphere. Japan, and Western
Europe will constitute the bread and butter
of our trade relationships for years to come.
Does the Average American realize that we
do .$11 billion of trade with those solid but
uncxotic Canadians?
By contrast, our trade In the near future
January 11, 1973
CONGRESSIONAL RECORD — SEN ATE
739
with China and the Soviet Union will be a
fraction of that amount. About as Intense as
tiie occasional shopping of a Long Island
bousewife at Bloomingdale's Chinese Bou-
tique,
t Our trade with Latin America, plus our in-
vestments, surely merit priority attention.
The figures speak for themselves:
In 1969. we had $13.8 billion In investment
In Latin America and in 1971 our exports
were $6.44 billion and Imports were $6.03
billion.
It will take a long time before we can de-
velop such a volume of commerce with new
trading partners in Eastern Europe.
Is anyone, including the President, aware
of our special relationship with 22 Latin
American nations established in 1970 in the
form of a Special Committee for Consulta-
tion and Negotiation?
It is .ippropriate. as we sit here almost
midway between North and South America,
to remember that this special committee in-
cludes an ad hoc group on trade which re-
quires advance consultation, if the U.S. con-
templates restrictions on imports.
Again, our failure to consult this group
and others before Imposing the recent import
surcharge is symptomatic.
Insensitivity to the feelings of old friends,
as we romanticize our trade relationship with
the Soviet Union and China, will clearly erode
solid friendships.
Am I being a Doomsday prophet?
I don't need to tell you that I would never
get past Hollywood's central casting If they
were looking for a Jeremiah type.
N 1, I am convinced that the will and the
opportunity exist to avoid an economic war
with Europe and Japan.
But I am astounded at the lack of leader-
ship demonstrated in this regard — not only
in the United States, but in all nations in-
volved, both government and business com-
munities are part of this serious negligence
of leadership.
We must remember that nations don't plan
for war, they slide Into war, whether an eco-
nomic war or a military one. And they do
this because of poor leadership.
Unless we have the will and the leadership
to take day-by-day steps to prevent such
economic conflict, we will slide into It.
For the lust for economic power Is stronger
now than ever. And the trade wars of the late
1920's were child's play compared to what
could break out in the '70's.
We are In the atomic age of economics.
dealing with a wholly different magnitude of
economic power.
The potentially destructive weapons that
could be fashioned make the Smoot Hawley
tariff look like a child's toy pistol.
So we need safeguards that are d corre-
sponding magnitude to the forces of our age.
We need an early warning system — and a
fail-safe system.
The world cannot afford the ad hoc
approach of an earlier era. which saw the
London Conference of 1933 convened only
ajter full-scale economic war had broke-i
out — thus guaranteeing its failure.
This reinforced a world-wide depression
and brought a new and more virulent na-
tlonalsim — which tragically culminated in a
world war.
The world cannot afford to continue drift-
ing through what Amba-ssador Schaetzel calls
the "smog of Ignorance, misinformation and
maudlin propaganda" that .«:urrounds rela-
tions between the U.S. and Europe" — and I
would add. Japan.
I, therefore, urge our respective leaders to
hold a summit meeting on economic Issues
In early 1973, after the last of EEC member
elections is held.
I am not very enamored of summitry, but
I make this suggestion at this time because of
the sense of urgency I feel.
The Issues of trade and Investment have
been hashed out In public, behind closed
doors, by otir government emissaries and by
others long enough.
Some headway has been made, of course. I
am encouraged by Secretary Schultz's re-
marks to the Board of Governors of the IMP
at their September meeting In Washington.
He-
Cautioned against a tide of protectionism.
Made some concrete suggestions to reform
our international monetary adjustment proc-
ess.
And called upon every member country to
put his own house in order.
Yet. encouraged as I am by Secretary
Schultz's proposals, and some of the state-
ments and policies of Secretary Peterson, I
am discouraged by other U.S. government
spokesmen and by their counterparts.
In our own country it Is almost like the
left hand not knowing what the right hand
is doing.
In Eyope and Japan I do not find the situ-
ation niych different.
While Europe as a Community of Nine will
be the largest trading bloc In the world ac-
counting for 28':' of world exports and 24^1
of world Imports, the Common Market's poli-
cies and orientation have not, In my opinion,
taken sufficient account of this fact:
It continues to bend to a very active farm
lobby which Is largely responsible for the
highly protectionist Common Agricultural
Policy.
It has recently made noises about a Com-
mon Industrial Policy which may become a
vehicle for restricting American Investment
In Europe.
In the case of Japan the same thing Is
true.
Japan has catapulted Itself into a major
economic power with a phenomenal annual
average grownh rate of 15.9% between 1960
and 1970.
She now accounts for Just under Ave bil-
lion dollars of U.S. exports, making her the
second largest Importer of U.S. products
And the reverse is also true, with the
United States being the largest market for
Japanese products.
Now, there are clearly matters that need
to be addressed between the two countries:
The visibility of Japanese Imported items
and what is now estimated as an over-$4
billion trade imbalance, has fueled the pro-
tectionist spirit in the U.S.
Despite this growing sentiment, the Jap-
anese government has been reluctant to re-
duce its own trade barriers and open up Its
markets to American investors.
The developments I am describing have a
momentum of their own.
SUMMIT
My sense of urgency about a Summit con-
ference stems from my feeling that this pro-
tectionist momentum threatens to over-
whelm the limited attempts now being made
to forge new understandings.
For we have had conferences, and more
conferences.
At each conference, new Issues are raised,
due to the complex relationship of economic,
political and social forces in the trade-policy
equation.
So each time we walk away with more
Issues raised and questions unanswered be-
cause the participants do not have the broad
authority to give answers.
And now we have tv.'o more critical con-
ferences on the horizon: both GATT and IMP
meetings will take place next fall.
These are terribly important, but is the
U.S. Congress or the American public awpre
of them?
Unless their importance to our economic
and International future Is dramatized and
fortified by a summit meeting held in ad-
vance of them. I predict that such meetings
will not succeed in reversing the protectionist
drift we are witnessing.
The summit I am talking about would be
one with an agreed-on agenda. It would not
be an open-ended talkfest.
It would be designed to produce answers
on basic issues, so that succeeding confer-
ences of ministers will have authority to
negotiate, based on policy positions at
which their heads of state have arrived.
Most onpurtantly, a sunr^mlt meeting
should be prepared to examine the kinds
of economic weapons now In existence, and
those being fashioned.
It should not avoid discussing the exist-
ence of aggrssslve measures such as dump-
ing, which in economic terms are as destruc-
tive to human lives as military aggression
is In physical terms.
A summit meeting would lay the ground-
work for the development of International
rules governing use of dumping as well as
other measures such as tariffs, quotas, ex-
port subsidies, and other non-tariff barriers.
It would go beyond such controls to the
creation of new, cooperative mechanisms
to maximize the flow of trade — not mouth-
ing academic free trade slogans while
practicing the opposite, but living In a real
world which recognizes that market-shar-
ing is needed, that voluntary agreements are
needed.
Such mechanisms should Involve not only
rules — they should also Involve people.
New forums must be created, so that a
real dialogue can be developed between the
actors on the international trade scene.
We need such a dialogue between parlia-
mentarians of our respectl\e nations.
Between labor leaders.
Between business leaders.
These powerful Internal forces are now
turning Inward.
They must begin turning outward, and
talking to each otlier across the oceans. Why
do we have communications satellites any-
way?
This Is critical. For It Is the Inability of
ministers to represent these forces that
guarantees the continued weakness of In-
ternational conferences and agreements.
This means a continued skepticism by
other nations in the U.S.'s ability to foUow
through on trade agreements, such as those
recently made with the Soviet Union.
Unless a new third force, emanating from
such a dialogue, develops, to bridge the gap
between ministerial agreements and Parlia-
mentary protectionism, we are in trouble.
I have been talking up to now mainly
about what the major economic powers can
do in concert in coming years. Let mc now
focus on the special situation of the United
States, and on the immediate situation
which the 93rd Congress faces.
Congressional sentiment for protectionism
is clearly growing.
And this sentiment Is being fueled by
legitimate feelings of frustration and des-
pair on the part of millions of American
workers who feel that their Jobs and fami-
lies are threatened by the great Influx of
foreign made goods and the declining trade
position of the United States.
The American worker is under great eco-
nomic pressure. He Is being assaulted by
inflation, high Interest rates, unfair wage
and price controls and a sense of alienation
which comes with blocked social and edu-
cational opportunities.
In addition, the average worker associates
his own job .security with the reduction of
competition from abroad, either by foreign
companies or American-owned subsidiaries.
The translation of this sentiment means a
crowing protectionist constltueucv in the
United States.
I don't believe that leaders of the govern-
ment or leaders in the business community
have been sensitive to the plight of the
American worker or what the American
worker believes to be threat to his Job from
Foreign competitions.
It Isn't only what is true that moves or
740
N.
\/
I
CONGRESSIONAL RECORD — SENATE
affects people — It Is what they think or
perceive to be true that is even more slgnlfl-
flcant.
Because of this, there Is great hostility
among this group to a new era of Interna-
tional trade.
And the political sentiment in Congress
arises from these feelings. It cannot be
Ignored or covered over by belated expressions
of concern.
I can attest to the protectionist ground-
swell In the United States. During the past
year as I travelled around the United States
I realized how widespread the fear of for-
eign competition is among workers In union
and non-union shops.
The Burke-Hartke bill with Its new quotas
on Imports and repeal of tax advantages for
U.S. corporations' Investments overseas will
get prime attention during the 93rd Con-
gress.
The bill focuses on some very real Issues —
Issues that are of great concern to American
workers.
I am not going to engage In a detailed
nalysls of the bill — Us pluses and Its ml-
fiuses — but I do not want to stress Its im-
portance In the upcoming debate on trade In
the Congress.
you can't tell the man who loses his job
in a factory that his loss is the nation's
gain.
Unless we face this fact, we will be severely
hampered in the attempt to forge a new
trade policy.
As far as the U.S. Is concerned, one pur-
pose of the summit meeting I have proposed
would be to make it perfectly clear that pro-
gress In dealing with the felt needs of otu-
own workers must accompany any Interna-
tional monetary and trade reforms.
The reduction of trade barriers by Japan
md thd Common Market, with a short-range
3oal of wiping out an anticipated $7 billion
trade deficit Is as relevant as a sound In-
:omes pwllcy at home.
We must recognize that the strongly-held
sentiments which lie behind "five Burke-
Hartke bill severely threaten the adoption of
i liberal trade posture and the passage of
3ther trade measures In the Congress.
Failure by other nations to remove their
trade barriers will mean an even stronger
3ush behind the Burke-Hartke bill.
Of course, we cannot completely shift the
jurden to Europe and Japan.
Clearly, the time has come for the U.S. to
jrovlde a comprehensive adjustment pro-
fram for workers In domestic Industries that
ire affected by Import competition.
Everyone recognizes that the present ad-
ustment assistance program does not work.
It was created in a different economic era
, decade ago, and at a time when the U.S.
was Just beginning to create manpower
ollcles.
We have come a long way since then In
•elating manpower policies to economic poU-
;les.
We have seen the Congress pass the first
ob-creatlon program since the depression
0 deal with high unemployment.
So it is Incredible that, although the U.s!"
.3 now spending several bUllohs on man-
jower programs, it Is spending nickels and
imes on adjustment programs.
Thte is Incredibly short-sighted, since an
ffectlve adjustment assistance program
vould actually create Jobs, by alleviating
wme of labor's fears, and thus allowing ex-
pansion of trade.
We should scrap the present program and
;reate a new one that is not Just one of a
lozen different programs that an old-line
aureaucracy runs when it feels like It.
Beyond adjustment assistance, the U.S.
nust also deal with the twin problems of
inflation and unemployment, before It can
nore effectively deal with the political and
jconomic pressures which give rise to pro-
tectionism.
I have been talking about what the Gov-
ernment can do. But it Is increasingly clear
to me that business must do something,
too — that. In fact, the growth of protection-
ist sentiment has resulted from buslness's
failure to realize and understand the human
consequences of their activities.
You gentlemen are sensitive to the prob-
lems I have been speaking about, but what
are you doing about It?
Everybody talks about what the President
should be doing, or what Congress can do to
stave off the tide of protectionism.
But what are you doing In your own enter-
prises?
What are you doing to cope with Job train-
ing, and placement for your workers?
What are you doing to convince the Amer-
ican public that your foreign Investments
and susbldlary plants really do mean new
Jobs for us in the United States?
That they do Improve our talance of pay-
ments and trade position?
That they do Improve our relations with
■ other States? Many are not convinced that
your foreign subsidiaries do all these things,
and you'll have to work on me. You must
build your own popular constituency and not
expect that the Congress will do what you
tell us.
I have more questions for you, so as long
as we are together In the present delightful
circumstances, here they are:
Why do you expect tax favors that con-
sumers, workers, small domestic Industries
do not receive?
Why do you need organizations like the
Domestic International Sales Corporation?
Why do you need or deserve special treat-
ment at all?
In the upcoming debate In Congress you
will have to answer these questions. You will
have to face issues squarely and honestly so
that the trade Issues can be fully understood,
and handled In an equitable way.
Gentlemen, the Implications of these tough
questions are not just voiced by me.
Secretary Schultz seems to be taking a
similar position. Before a recent IMF lunch-
eon, he said:
"The general feeling in this administra-
tion Is that we haven't In recent years gotten
the best of It In trade. So we have" to take less
ritualistic positions. We have to get out and
make sure that there's a square shake for
American Labor and American unions."
Our common goal must be equitable trade
with a fair shake for both business and labor.
And unless such equity is achieved at home
between business and labor, the chances of
achieving it with our trading partners will
be next to impossible.
As we look ahead to vigorous competition
In world trade — and It will be Just that —
let me share a few thoughts with my fellow
Americans who are here.
It Is time for business. Government, labor
and agriculture to arrive at a common trade
policy.
In the real world of today. Government and
business must be working partners In the
field of foreign trade — surely we should have
learned this by now from our experience with
other countries.
These national partnerships must, however,
abide by International standards such as
QATT
Let's be candid — American Industry has
traditionally been geared to its domestic mar-
kets and to assured foreign markets.
As a result, our trade, financial and eco-
nomic policies are not designed to meet the
competitive realities of the present.
In the years ahead, we must refashion
policies.
We must be more competitive, more In-
novative.
We must be export and Investment minded.
We must use the tools of market research
to maximize our export potential.
We must start doing all these things, and
start doing them now.
I will close by saying that those in control
Jayiuary 11, 1973
of economic and trade policy In our respec-
tive nations must come to a new recogni-
tion of the Interdependence of politics and
trade — both in their own countries and
abroad.
They must realize that international trade
and economics Is too Important to ' leave
either to the economists, or the politicians
alone.
It Is time for you and I, the American
public, the Japanese public, and the Euro-
pean public, as well as their respective lead-
ers to begin to understand each other and
work together.
In this way we can help provide the lead-
ership which will prevent us from continu-
ing on a collision course which only spells
disaster. We can and must develop trade,
investment and monetary policies which
allow us to grow together rather than grow
apart.
AMENDMENT OF THE STANDING
RULES OF THE SENATE
Mr. HUGHES. Mr. President, I make
the following unanimous-consent re-
quest :
First, that those items of paragraph 2
of rule XXV of the Standing Rules of
the Senate, relating to the Committee on
Agriculture and Forestry and the Com-
mittee on Commerce, as amended by Sen-
ate Resolution 10, 93d Congress, agreed
to January 4, 1973, are fui'ther amended
to read as follows :
Agriculture and Forestry, 13; and
Commerce 18; and
Second, tha*. those paragraphs of Sen-
ate Resolution 12, 93d Congress, agreed
to January 4, 1973, and modified Jan-
uary 9, 1973, relating to the majority
party membership of the Committee on
Agriculture and Forestry, the Committee
on Commerce, and the Committee on La-
bor and Public Welfare read as follows:
Committee on Agriculture and Forestry:
Mr. Talmadge (chairman), Mr. Eastland, Mr.
McGovern, Mr. Allen, Mr. Humphrey, Mr.
Huddleston, Mr. Clark.
Committee on Commerce: Mr. Magnuson
(chairman), Mr. Pastore, Mr. Hartke, Mr.
Hart, Mr. Cannon, Mr. Long, Mr. Moss, Mr.
Holllngs, Mr. Inouye, Mr. Tunney, Mr. Stev-
enson.
Committee on Labor and Public Welfare:
Mr. Williams (chairman), Mr. Randolph, Mr.
Pell, Mr. Kennedy, Mr. Nelson, Mr. Men-
dale, Mr. Eagleton, Mr. Cranston, Mr.
Hughes, Mr. Hathaway.
The ACTING PRESIDENT pro tem-
pore. Is there objection?
Mr. STEVENSON. Mr. President, re-
serving the right to object.
The ACTING PRESIDENT pro tem-
pore. The Senator from Illinois has the
right to object.
Mr. STEVENSON. Mr. President, I am
grateful for the opportunity to serve on
the Committee on Commerce. I have
great respect for its distinguished chair-
man, and a deep interest in the broad
range of the committee's concerns.
Membership on this committee will en-
able me to give close and continuing at-
tention to matters that are of great
importance to the State I represent.
Illinois' economic vitality is based in
large part on its commerce with other
States and other nations. Energj-, avia-
tion, surface transportation and commu-
nications, all of which are within the
jurisdiction of the Committee on Com-
merce, are lifelines which sustain the In-
Januanj 11, 19 78
CONGRESSIONAL RECORD — SENATE
741
dustrlal and agricultural vigor of our
heartland State. Additionally, I share
with my constituents an active concern
for two other Important interests of this
committee — consumer protection and the
preservation of our environment.
When I learned that I might have an
opportunity to serve on this committee,
I gave careful consideration to a matter
which I now bring to the attention of the
Senate and the public. Ever since enter-
ing public life upon my election to the
Illinois legislature in 1964, I have made
It a practice to disclose, at regular inter-
vals, my personal financial interests.
Since coming to the Senate, I have pub-
lished in the Record, at the beginning of
each year, a detailed statement of my
assets and liabilities.
My holdings include a long-standing
family interest in a company presently
known as Evergreen Communications,
Inc. This firm's primary activity is the
publication of the Bloomington Panta-
graph, a daily newspaper which has been
owned by successive generations of my
family for 128 years. Evergreen Commu-
nications also owns minority interests in
two cable TV companies and majority
interests in two radio stations and a tele-
phone answering service.
My present holdings consist of 12,640
shares — approximately 8 percent — of the
stock of Evergreen Communications, Inc.
I do not participate in the management
of the company. I also own three of the
20 non-voting shares of Bloomington
Broadcasting Corp., which is the broad-
casting subsidiary of Evergreen.
I am aware, and I want my colleagues
and my constituents to be aware, that
if my appointment to the Committee on
Commerce is approved by the Senate,
there will be occasions when the com-
mittee is called upon to consider matters
of interest to a regulated industry in
which I have a financial interest. In such
instances, I will be governed by my con-
science. There has never been a time
when I have permitted my personal in-
terests to have any bearing on my actions
in behalf of the public interest, and there
will never be such a time.
The ACTING PRESIDENT pro tem-
pore. Is there objection to the request of
the Senator from Iowa? Without objec-
tion, it is so ordered.
ORDER OF BUSINESS
The ACTING PRESIDENT pro tem-
pore. The Senator from Virginia is
recognized under the previous order.
COMPULSORY SCHOOL BUSING
Mr. HARRY F. BYRD, JR. Mr. Presi-
dent, I have just left a meeting of the
Committee on Finance. The witness was
Mr. Casper Weinberger, who has been
designated by the President to be the new
Secretary of Health, Education, and Wel-
fare. These are the confinnation hear-
ings for Mr. Weinberger.
During the hearing I put this question
to Mr. Weinberger: "E>o you favor or op-
pose compulsory busing to achieve an
artificial racial balance in the schools?"
Mr. Weinberger answered, "I oppose."
I than asked him this question: "Will
this be the poUcy in your department?"
His answer, in substance, was that it
would be the policy of his department.
Then, I asked him this question: "Will
your subordinates be so Instructed?"
He replied, in substance, that he would
expect his subordinates to carry out the
policy of the Department which he
heads.
Mr. President, It seems to me this is
something of an historic breakthrough. I
have been in Washington under — I do
not know how many — four, five, or six
Secretaries of Health, Education, and
Welfare, and never before have we been
able to get a clearcut statement from a
Secretary that his is opposed to compul-
sory busing for the purpose of achieving
an artificial racial balance in schools.
I commend Mr. Weinberger on his
forthrightness; I commend Mr. Weinber-
ger on the view he has taken.
It has been the Department of Health,
Education, and Welfare, going back many
years, that has had a great deal to do
with the very tragic situation in which
many areas of this country find them-
selves being subjected to compulsory bus-
ing of their schoolchildren for an artifi-
cial reason.
I was much impressed the other day
by what the distinguished Senator from
Maryland (Mr. Beall) said when he
spoke on this floor in opposition to com-
pulsory busing. He introduced legisla-
tion which would prevent compulsory
busing in the middle of a school year. I
support that legislation. Certainly that
is the least we can do. I do not think
there should be any compulsory busing
for that artificial purpo.se. But most cer-
tainly it is ridiculous to disrupt the
school system in the middle of the school
year and haul students from one school
near their homes to some far-away
school.
This is a burning question in this coun-
try; not just in one region of the coun-
try, but all over the coimtry. It has been
an important issue in the State of Michi-
gan, for example. If it is pressed else-
where, it wiU be an important issue wher-
ever it is pressed.
So I commend the new Secretary of
Health, Education, and Welfare for his
position on this matter. It is not a ques-
tion of integration. All the schools I
have any knowledge of are integrated.
In my own State of Virignia, so far as
I know, every school is integrated. There
may be some isolated ones of which I am
not aware. I guess the only place where
there are no integrated schools is in the
county of Buchanan in southwest Vir-
ginia, in the coal mining area, and the
reason why the schools are not integrated
there is that there is not a single black in
the county. But if some Federal judges
had their way. or some former employees
of HEW had their way, some means
would be found to integrate those schools
when there is no minority race living in
the county.
So I say this is not a question of inte-
gration. Every school in Virginia, as far
as I know, is integrated. I think that
would apply to practically all the States
of the Union. The opposition on the part
of the parents, and on the part of the
children, is not to integration: the oppo-
sition is to this very foolish policy of
compulsory busing of children from one
school to another for the single purpose
of creating an artificial racial balance.
For the first time in years the country
now will have a Secretary of Health,
Education, and Welfare who says frank-
ly, in a public hearing:
I am opposed to compulsory busing. That
will be the policy of my Department, and I
expect the subordinates In my Department,
the Department of HEW, to carry out that
policy.
President,
comment
will the
at that
Mr. GRIFFIN. Mr.
Senator yield for a
point?
Mr. HARRY F. BYRD, JRTTam de-
lighted to yield to the distinguished mi-
nority whip.
Mr. GRIFFIN. I wish to associate gen-
erally with the remarks of the distin-
guished Senator from Virginia and join
him in welcoming the forthright state-
ment made by the Secretai-y-designate
of HEW regarding the policy that he in-
tends to pursue.
I am pleased that those now being ap-
pointed to high positions m the admin-
istration are following through on poli-
cies and stands taken by the President
during the recent campaign. In that re-
gard I note that the Justice Department,
within the last day or so, has indicated
that it will intervene in a pending case
involving Prince Georges County In
Maryland. As I understand It, the Jus-
tice Department is Joining with local au-
thorities in asking the court at least to
delay implementation of a busing or-
der imtil the beginning of the next school
year.
The Senator from Virginia may be In-
terested to know that the Junior Senator
from Michigan has reintroduced the re-
solution proposing a constitutional
amendment that he offered In the last
Congress. In addition, this Senator has
introduced a bill which would withdraw
by statute the jurisdiction of Federal
courts to issue busing orders based upc«i
race. So, those measures are again be-
fore the Congress.
This Senator certainly hopes that the
Senate, in this session of Congress, will
do what we failed to do in the the last
session, and that is to measure up to our
responsibilities by getting to a vote on
meaningful and effective legislation on
busing.
I thank the Senator for yielding.
Mr. HARRY F. BYRD. JR. I commend
the Senator from Michigan for the leg-
islation which he has presented. I sup-
ported him in those many long and close
and difficult votes which were had in the
Senate during the last session, In the
. efforts led by the able Senator from
Michigan. I support him now and com-
mend him for the legislation he has
introduced.
I recall a few months ago when the
Senator from Michigan and I — and I see
the Senator from Tennessee <Mr. Brock)
on the floor — and several others were in-
vited to the White House to discuss this
matter with the President — I asked him
whether or not I wouM be free to repeat
hiS'stattement publicly. Of course, I would
not quote the President on any matter if
I did not get from him permission to
quote him directly. This is what he had
to say about compulsory- busing. He said.
42
CONGRESSIONAL RECORD — SENATE
"I am against compulsory busing,
period." The Senator from Texas wa.s
there at the same meeting
Mr. TOWER. And I can corLfirm what
the Senator said as being absoluteb' cor-
rect. The President was ver>- emphatic in
what he said. He left no room for mistake
about it.
Mr. HARRY F. BYRD, JR. fie left no
room for mistake about it.
The Secretary-designate of the De-
partment of Health. Education, and Wel-
fare, who appeared before the Finance
Committee this morning, left no doubt
about it. He said that would be the
policy of HEW under his administration:
that he was opggsed to it; that it would
be the policy of his department; and that
ais subordinates would be expected to
carry out those instructions.
That is very important, because the
people of Virginia, and I am sure peo-
ple all over this Nation, have been
harassed In the last few years by sub-
prdinates in the Department of Health.
Education, and Welfare coming into their
communities and telling them how to run
their school systems. So I was glad to get
on the record this morning, in discussing
the subject with the Secretary of Health,
Education, and Welfare, that his policy
tvill be in opposition to compulsory bus-
ing for the purpose of achieving an ar-
lificial racial balance.
Mr. SCOTT of Virginia. Mr. President,
^•ill the Senator yield?
Mr. HARRY F. BYRD, JR. I yield to
ny colleague.
Mr. SCOTT of Virginia. I, too, would
ike to associate myself with the Sen-
i tor's remarks and say that at least in
^'irginla we have unanimity on this
luestlon, and I would go further and
iay that I believe that, as the distin-
rulshed Senator said, this is the feeling
)f the people of America; and if we are
rolng to have representative govern-
nent, I feel that we must do something
o prevent the racial busing of children.
Mr. HARRY F. BYRD. JR. I thank my
;olleague from Virginia.
Mr. BROCK. Mr. President, I was in-
erested in the previous colloquy, and I
■ery much share the desires and opinions
i>f the senior and junior Senators from
' /"Irginla and of the Senator from Texas
and of the Senator from Michigan, and
congratulate the Senator from Michi-
gan for his continued leadership in this
( effort.
Mr. President, it has been 18 months
! ince I Introduced the original constitu-
ional amendment on this matter in
.'une of 1971.
It has been pointed out so many times
hat the American people have endorsed
his. The President of the United States
las endorsed it. They have endorsed any
action to stop this abuse of our children.
The new Secretary of Health, Education.
i .nd Welfare is very much in favor of pre-
; erving neighborhood schools.
We come to one place, the Congress of
1 he United States. It is the Congress of
t he United States that has delayed. It is
the Congress of the United States that
1 as doubted the wisdom of this. It has
leen the Congress of the United States
t bat has obfuscated this matter. It is the
< 'ongress that has niibustered this mat-
ter It Is the Congress that hsis refused
to respond to the American people.
We must wonder for how long the peo-
ple's branch can refuse to respond to the
people.
In the meantime, the problems created
by the forced busing of schoolchildren to
achieve racial balance have multiplied
and grown more severe. More and more,
the public outcry is heard. More and
more, educators are voicing concern that
we have. In an undoubtedly sincere desire
to redress inequities, lost sight of the only
reasonable goal of education — education.
More and more areas are affected.
More and more parents are struck by the
insanity of forcing a small child to board
a bus. drive past the school within walk-
ing distance of his home, perhaps ride
pa.5t other schools as well in order to
deliver him, eventually, to yet another
school which has been determined by
some sociologist with a computer to be
the school which, solely because of the
color of his skin, he should attend.
Mr. President, that is racism. It runs
counter to the whole thrust of the mod-
ern cival rights movement, which has at
the very core of its inteUectual being a
belief that pubUc policy should not be
made on the basis of race, creed or color.
To that principle we should all adhere.
For that goal we should all fight, and I
stand ready to do so. And it is mv behef
that the greatest single threat to that
principle today is the concept of forced
busing.
Mr. TOWER, Mr. President, will the
Senator yield ^
Mr. BROCK. I yield.
Mr. TOWER. Mr. President. I think
that the Senator from Tennessee has
brought out some very pertinent pomts
in his remarks. He has pointed out that
what has happened is contrary to the
whole civil rights movement. Every case
has been overturned. In Plessy against
Ferguson, the court stated that children
should not be assigned to schools on the
basis of color. Therefore, this is contrary
to the spirit of the holding of the Su-
preme Court.
The ACTING PRESIDENT pro tem-
pore. The Senator's time has expired.
Mr. MANSFIELD. Mr. President, if the
Senator will yield, I yield my 3 minutes
to the Senator from Termessee.
The ACTING PRESIDENT pro tem-
pore. The Snator from Tennessee is rec-
ognized for an additional 3 minutes
Mr BROCK. Mr. President, I thank
the majority leader for his graciousness.
Ill 1954 the Supreme Court decided
that the question of color should play no
part in the assignment of children to
schools and could not be used to dis-
criminate and that no legal authority
rould discriminate against a child be-
cause of his race, creed, or color. All of
u sudden they found another device, an-
other excuse, another method of getting
around the intent of the Constitution,
which is crystfil clear, that a man is a
man. and it does net matter as to what
his backgroimd or color or label is. He is
a human being and should be treated as
such.
I believe that busing children to
achieve racial balance is no more legiti-
mate than busing children to achieve
racial segregation. It introduces the very
January li, 1973
sort of quota system which has been used
since time immemorial for a prejudiced
majority to discriminate against a nu
norlty. It does nothing to advance the
cause of quality education. And it ig
nores the emotional well-being of our
boys and girls.
We haveqtried a whole barrelful of
strategies to end this tragic abuse of our
children. We have bargained, cajoled
and pleaded for action. But the buse.s
continue to roll.
The people have made their position
clear. The President has made his posi-
tion clear. But the Congress has obfus-
cated.
I had hoped that we could legislate an
end to the problem quickly. But we have
not been able to do so. And so I am now
convinced that the constitutional amend-
ment is the only sure guarantee.
It does not work as quickly as I would
like. It will not solve the problem this
school term, or next school term. But
if we can do it, and I believe we can it
will solve the problem for good.
There are few gifts which the 93d
Congress can give to the people of Amer-
ica more wanted, or more needed, than
that. For this reason. I am reintroducing
this joint resolution, and I urge its speedy
approval. It does not matter whether the
joint resolution is mine or the joint reso-
lution of the Senator from Michigan. I
have no pride of authorship. I urge the
Senate to embark upon speedv action in
this matter.
Mr. TOWER. Mr. President. I associ-
ate myself with the remarks of the dis-
tinguished Senator from Tennessee. I
think he has made his position clear.
There is not much further that can be
said that has not already been said on
the floor in the course of our delibera-
tions last year. I think that the emphasis
in this effort should be toward achieving
quality education for our children, re-
gardless of race, color, or ethnic back-
ground.
Mr. President, I think that this can
best be done through neighborhood
schools and not through wasting our re-
sources and wasting the taxpayers'
money on buses and drivers.
So. I am hopeful that we will direct our
attention toward improving the quality
of education everywhere rather than try-
ing to engage in some social experiments.
It is not the function of the schools to
engage in social experiments. It is the
function of the schools to develop the
minds and the intellects of our young
people and prepare them for life. And
we should address ourselves to that re-
sponsibility.
Mr. BROCK. Mr. President, I thank
the Senator for his kindness, and I ex-
press my gratitude for him for his con-
tinuing effort on behalf of the children
of this Nation. He has been a leader in
the fight and has contributed much to
this effort. K this joint resolution should
pass and become law, it will be in large
measure due to the efforts of people
such as the Senator from Termessee and
the Senator from Virginia who have been
magnlflclent.
Mr. President. I ask unanimous con-
sent that I may have printed in the Rec-
ord the remarks of the distinguished Sen-
ator from Mississippi (Mr. Stbnnis).
January 11, 1973
CONGRESSIONAL RECORD — SEN ATE
743
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
STATEMENT BY SENATOR STENNIS
Mr President, I am proud to Join Senator
Brock and my other distinguished colleagues
u a cosponsor of this resolution. For too
many years we have watched the gradual
destruction of many of our public schools In
this countr>' through Federal Interference In
normal educational activities and disruption
of our schools by means of unsound social
experiments. It is my fervent hope, and It
will be one of my primary commitments this
year to help put an end once and for all to
this Incessant tampering with our public
schools by Federal courts and agencies.
Personally. I stUl hope that we can solve
our most pressing school problems by legis-
lation durU.g this Congress, and I shall spon-
sor various bills designed to do so which will
be Introduced shortly. As I have stated be-
fore, legislation Is the quickest method of
stopping the most obvious evils of forced
busing and other obnoxious practices, and
attempts to amend the Constitution neces-
sarily require far longer because they must
also be ratified by three-fourths vote of the
state legislatures after being passed by two-
thirds vote of both Houses of Congress.
Nevertheless, In spite of those obstacles, I
am now supporting a constitutional amend-
ment, because It seems to me the only effec-
tively final method of putting to rest at last
all government tampering with our public
schools
The amendment which Senator Brock has
offered and which I have gladly Joined as a
co-sponsor. Is a clear and simple one to un-
derstand. Its pvirpose Is to establish the
neighborhood school as the basis of all pupil
assignments In public schools throughout
the Nation. It protects every student's right
to attend the school nearest his home, and
assures that schools will return to their real
purpose: education.
Up to now we have had two different
standards for treatment of our public schools
In this country, one for the North ard one
for the South. In the South, massive trans-
portation of public school students from one
neighborhood to another, and sometimes
from one school district to another has been
required by Federal court and agency orders
solely for the purpose of establishing a racial
balance among students In many other re-
gions of the country, where racial segrega-
tion In the schools is often far greater than
In the South, no action has been taken In
most cases. In the few cases outside the
South where forced busing has been ordered,
a great public outcry has arisen, and numer-
ous public elections, both local and national,
have been decided on the basis of the candi-
dates' stands on the issues of busing and
Federal disruption of neighborhood schools,
sometimes In areas where no forced busing
has even been ordered.
Mr. President, when forced busing had
been Imposed only on one region of the
country, most citizens and their represent-
atives In areas outside of the South were
unaware of Just how drastic and destruc-
tive federal disruption of schools could be.
Now that busing has come home to the
North, a solid majority of our colleagues
In both Houses of Congress supports efforts
to end forced busing and the ttirmoll In our
schools.
Just last fall many of our coUeagties from
all regions of the Nation Joined In support-
ing the Stennls amendment, which estab-
lished a uniform national policy of equal
treatment for all regions of the country In
application of school desegregation guide-
lines. The Stennls amendment with strong,
bi-partisan support, passed both Houses of
Congress last year, was signed by the Presl-
itent. and Is now the law of the land. It Is
my fervent hope that this year we can make
even further progress by flatly forbidding
by legislation all forced busing for racial
purposes. It would be the crowning achieve-
ment of this Congress to pass a proposed con-
stitutional amendment effectively forbidding
forced busing by requiring assignment of all
public school students to their neighborhood
schools.
Mr. President, the people of America are
behind us four-square. It Is time for the
United States Senate to act, to exercise lead-
ership, and to establish our public schools
once and for all as centers for learning rath-
er than playgrounds for federal government
social experiments. I urge all my fellow Sen-
ators to support public education In neigh-
borhood schools by supporting our resolu-
tion.
Thank you very much for your attention.
Mr. TOWER. Mr. President, today, as
in the last Congress. I join Senators
Brock. Baker. Allen, Hansen. Eastland.
Stennis. and Thtjrmond in spon.soring a
joint resolution to amend the Constitu-
tion of the United States for the purpose
of guaranteeing equal treatment to all
our Nation's schoolchildren.
Our amendment states:
No public school student shall, because of
his race, creed, or color, be assigned to or
required to attend a particular school.
Further, it delegates to Congress the
authority to provide for the enforcement
of this amendment through legislative
action.
Each Member of this body is aware of
the problems facing our Nation's public
school systems. Judicial abuse of our
constitutional guarantees have brought
chaos to American education. My col-
leagues and I feel this social experimen-
tation with our children is senseless — is
inexcusable — Is illegal.
In title IV. section 2000c(bi of the
Civil Rights Act of 1964, Congress defined
desegregation:
"Desegregation" means the assignment of
students to public schools without regard to
their race, color, religion, or national origin,
but "desegregation" shall not mean the
assignment to public schools In order to
overcome racial imbalance.
Clearly, the Federal courts have ac-
tively ignored this provision, and, in so
doing, have blatantly disregarded the
will of the Congress I feel, therefore,
that it will take nothing less than a con-
stitutional amendment to withdraw this
matter from the jurisdiction of the
courts.
This issue has been termed "the most
emotional issue" of 1972. and I suspect
it will again be the most emotional is-
sue of this Congress. Nevertheless, this
concern over the assignment of school
children, and. most importantly, the
busing of school children is much more
than that. What we are dealing with
here is not simply some new program
that may or may not work — some pro-
gram which can be retooled or aban-
doned if it is unsuccessful. We are deal-
ing with the lives and education of Amer-
ican school children. Children whose edu-
cation is sacrificed today in the name of
social experimentation may never re-
cover the opportvmities they have lost.
Damage done to already beleaguered
school districts may be irreparable. We
cannot afford this sacrifice. We must
concentrate our talents and our limited
resources on providing a quality edu-
cation for all of our children.
The point is not whether desegrega-
tion should continue. Certainly I would
not advocate a return to the dual school
system. The separation of children .sim-
ply because of their race or national ori-
gin is not consonant with the American
ideal of equality. However, social scien-
tists must not be allowed to urge upon
us a reverse bias in turning the empha-
sis of the schools from education to
quota ."systems.
Mr. President, if there were any edu-
cationally sound reason to have massive,
forced busing, then the people of this
country might not mind this practice so
much. No such reason exists. On Febru-
ary 18, 1972, Senator Mondale who was
then chairman of the Select Committee
on Equal Educational Opportunity and
who had, at that time, spent nearly 2
years studyinc such tools of desegrega-
tion as busing, spoke to the Senate con-
cerning his observations. In his report,
after months of testimony had been
taken, he could not produce one educa-
tionally soimd reason why we mast have
massive, forced busing in urban areas. In
urban areas where massive busing has
been undertaken, there has been very
little accomplished educationally while
millions of dollars have been spent to
buy buses and pay drivers. The select
committee did turn up some very inter-
esting facts, however, which will be stud-
ied closely this year. School districts
which are in diCBcult financial straits are
being forced to spend millions of hard-
earned tax dollars for expenses which
return no educational benefits. We simply
must not allow this continued waste of
resources when the only outcome In sight
is further disruption of educational op-
portunities, the neighborhood school,
and the parents' freedom of choice.
The time has come for definitive ac-
tion in the U.S. Congress. I urge all Sen-
ators to join with us in this effort to re-
turn quality education through free ac-
cess to our neighborhood schools.
TRANSACTION OF ROUTINE MORN-
ING BUSINESS
The ACTING PRESIDENT pro tem-
pore. Under the previous order, the Sen-
ate wiU now proceed to the considera-
tion of routine morning business for not
to exceed 30 minutes, with statements
therein limited to 3 minutes.
THE RESIGNATION OF GEORGE
HARTZOG AS DIRECTOR OF THE
NATIONAL PARK SERVICE
Mr. BIBLE. Mr. President, the year
1972 marked the 100th anniversary of
our great national park system — a sys-
tem that has preserved some of our most
magnificent scenic treasures for the en-
joyment of countless generations of
Americans. It is a system that serves as
a worldwide model for conservation and
recreation.
Unfortunately, 1972 also marked the
end of another important chapter in
the improvement and expansion of the
park system. I am speaking of the de-
parture of Cteorge Hartzog as Director of
the National Park Service. It ih my con-
sidered judgment — judgment based on
more than a decade of direct involvement
with the national park system — that the
744
CONGRESSIONAL RECORD — SENATE
Nixon administration made & serious
mistake when it accepted George Hart-
zog's resignation last month. For his re-
tirement was a major loss to outdoor rec-
reation and the cause of conservation.
During Mr. Hartzog's stewardship the
national park system enjoyed its great-
est period of growth. Since he became
Director In 1964 more than 70 new units
were added to the park system. It is a
record in which I take great pride as
chairman of the Senate Parks and Rec-
reaticHi Subcommittee, and I know it
would not have been possible without
George Hartzog's dedicated and untiring
leadership. No man worked harder and
more effectively in the cause of conserva-
tion and recreation, and our splendid
park system is Itself a monument to those
efforts. ,
George Hartzog took command of the
Park Service at a time of tremendous
and ccmfiictlng pressures. On the one
hand there was — and still is — unprece-
dented public demands for more outdoor
recreation opportunities. On the other,
there was the new wave of environmental
protection — equally insistent demands
for stem measures to preserve the Na-
tion's fast-disappearing natural heritage.
It was a critical stage in the 100-year-
old history of our national park move-
ment, and George Hartzog proved to be
the right man for this difficult challenge.
He had the right combination of fore-
sight and know-how, and while he often
ran the gauntlet of criticism from both
groups — recreationists and preservation-
ists— I am confident his record wUl prove
he achieved the proper balance In serv-
ing both causes.
One most consistent criticism of
George Hartzog, in fact, was that he per-
formed too successfully. For during his
term as Director of the national park
system experienced unbelievable in-
creases'in visitation and use. But Mr.
Hartzog did not create that public
demand; he worked to serve it and to
channel It in such a way as to protect the
resources gf the parks and recreation
areas. New park opportunities were
needed, and he worked effectively with
Congress to create them. New ap-
proaches, new methods of operation
were needed, and he pioneered them.
George Hartzog is far too active and
capable to remain idle long, and I wish
him continued success and achievement
in whatever new endeavors he chooses to
pursue. Meanwhile, the Nation and the
national park cause are deeply indebted
to him for the lasting benefits he helped
secure.
An editorial in the Washington Star-
News of December 15, 1972, recognized
Mr. Hartzog's contributions as an "effec-
tive and innovative administrator," and
I ask unanimous consent that it be
printed in the Record at the conclusion
of my remarks.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
<See exhibit 1.)
Mr. BIBLE. Mr. President, to illus-
trate the scope of his park expansion
efforts, I also ask unanimous consent
that a list of the new park system imlts
created by Congress during Mr. Hart-
zog's service as Director be printed in
the Rbcord.
There being no objection, the list was
ordered to be printed in the Record, as
follows:
List or New Park Ststim CTnits
EIGHT? -EIGHTH CONGRESS
Ozark National Scenic Rlverways.
Port Bowie National Historic Site.
Fort Lamed National Historic Site.
Salnt-Gaudens National Historic Site.
Allegheny Portage Railroad National His-
toric Site.
Johnstown Flood National Historic Site.
John Mulr National Historic Site.
Fire Island National Seashore.
Canyonlands National Park.
Ice Age National Scientific Reserve.
Roosevelt-Campobello International Park.
Lake Mead National Recreation Area.
EIGHTT-NTNTH CONGRESS
Assateague Island National Seashore.
Delaware Water Oap National Recreation
Area.
Nez Perce National Historical Park.
Whlskeytown-Shasta-Trlnlty National Rec-
reation Area.
Cape Lookout National Seashore.
Chamazal Treaty National Monument.
Fort Union Trading Post National His-
toric Site.
George Rogers Clark National Historical
Park.
San Juan Island National Historical Park.
Guadalupe Mountains National Park.
Pictured Rocks National Lakeshore.
Indiana Dunes National Lakeshore.
Bighorn Canyon National Recreation Area
Golden Spike National Historical Slt€.
Hubbell Trading Post National Historical
Site.
Agate PossU Beds National Monument.
Herbert Hoover National Monument.
Pecos National Monument.
Allbates Flint Quarries and Texas Pan-
handle Pueblo Culture Natural Monument
Ellis Island National Monument.
Roger WUllams National Monument.
NINETIETH CONGRESS
John Fitzgerald Kennedy National His-
toric Site.
Saugus Iron Works National Historic Site
North Cascades National Park.
Lake Chelan National Recreation Area.
Ross Lake National Recreation Area.
Redwood National Park.
Appalachian National Scenic Trail.
St. Croix National Scenic Rlverway.
Wolf National Scenic Rlverway.
Carl Sandburg Home National Historic Site.
Blscayne National Monument.
NINETY-FIRST CONGRESS
Florissant FossU Beds National Monument
WUllam Howard Taft National Historic Site
Andersonvllle National Historic Site.
Lyndon B. Johnson National Historic Site
Apostle Islands National Lakeshore.
Chesapeake and Ohio Canal National His-
torical Park.
Voyageurs National Park.
Gulf Islands National Seashore.
Sleeping Bear Dunes National Lakeshore.
Freeman School— Homestead National
Monument.
WUson Creek National Battlefield Park.
Elsenhower National Historic Park.
NINETT-SECONO CONGRESS
Gateway National Recreation Area.
Golden Gate National Recreation Area.
Buffalo National River.
Sawtooth National Recreation Area.
Oregon Dunes National Recreation Area.
Cumberland Island National Seashore.
PossUe Butte National Monument.
Puukohola Helau National Monument.
Lincoln Home National Historical Site.
Hohokam Pima National Monument.
Thaddeus Koscluszko Home National
Memorial.
Orant-Kohrs Ranch National Historic Site.
Longfellow National Historic Site.
January ll^ ig^g
John D. RockefeUer. Jr.. Memorial Park-
Mar-A-Lago National Historic Site.
EXHIBTr 1
[From the Washington Star-News
Dec. 15, 1972]
A Lamentable Departure
Of aU the sub-cabinet personnel chanaai
announced In recent days, the removil of
National Park Service Director Georee B
Hartzog Jr. Is the most lamentable and sur '
prising. No one can hang on to a position
forever, of course, and Hartzog has held this
one In three administrations. But he wlU he
hard to match as an effective and Innovative
administrator. His successor, Ronald H
Walker, will have no picnic dealing with the
controversies that swirl around the job
Those stem from the prevaUlng environ-
mental excitement, and Hartzog has we be
lleve. generally coped with them falr-hand-
edly. Some environmentalists dont think so
however, and have wanted him removed'
Perhaps their efforts have achieved that Or'
perhaps his departure Is owed to the fact
that he's about the last Democratic appointee
remaining In so high a position. Interior Sec-
retary Morton says the aim is to bring "new
life and new direction" to the agency, but It's
difficult to think of anyone with livelier ideas
about parks, and more skUl in dealing with
Congress, than the man who U leaving.
The record speaks Impressively. Since
Hartzog took charge in 1964. national parka
acreage has swelled by more than 2Yi mUllon
acres and 78 new parks have been created
The Washington area has benefitted from his
enthusiasm for diversity. At Wolf Trap Farm
the cultural national park concept was
Initiated, with his strong support, and he
promoted the National Visitors Center idea
which will come to fruition soon at Union
Station. St. Louis has Its splendid urban
national park beside the Mississippi, with
the graceful Saarlnen arch towering as the
Gateway to the West. One of his main vUlons,
which we hope wUl be perpetuated, Is for
"recycling" of blighted lands to provide parks
In urban sectors. And his hopes of creating
new national parks near Eastern seaboard
cities certainly should be carried forward by
the new director of the service.
Hartzog has faced a buUt-ln dUemma,
which his successor will Inherit: The Park
Service has a dual and conflicting responsl-
bUlty— for preservation and public recrea-
tion. Environmentalists criticize the scale of
development In parks, but we think Hartzog
has struck a good balance. He has tried to
accommodate the swelling horde of vaca-
tioners, while assigning first priority to pro-
tection of natural assets. Without a com-
mitment by Congress and the administra-
tion to the heavier funding that's needed for
parks expansion, no one Is likely to do better.
Mr. HARRY F. BYRD, JR. Mr. Presi-
dent, will the distinguished Senator
from Nevada yield?
Mr. BIBLE. I am very happy to yield
to my very dear and close friend, the
distinguished senior Senator from Vir-
ginia.
Mr. HARRY F. BYRD. JR. I join the
able Senator from Nevada in commend-
ing the long service of George B. Hart-
zog. I have had a keen interest in the
national park system. It is of great im-
portance to the people of the United
States.
It has been my observation, although
I have not been so close to it as has the
distinguished Senator from Nevada, that
George Hartzog has rendered an out-
standing service in his position. I per-
sonally shall be very sorry to see him
leave.
Mr. BIBLE. I appreciate those com-
January 11, 197 S
CONGRESSIONAL RECORD — SENATE
745
ments, and I am certain that Mr. Hart-
zog will, likewise, feel very much grati-
fied about the kind things the Senator
from Virginia has said about him.
MESSAGE FROM THE PRESIDENT
TODAY ON EXTENSION OF WAGE
AND PRICE CONTRQLS
Mr. GRIFFIN. Mr. President, today
President Nixon sent to Congress a mes-
sage requesting an extension for an-
other year of his wage and price con-
trol authority, and outlining to Con-
gress and the Nation what will be known
as phase m of the program.
The new phase of the program pro-
posed by the President will be compre-
hensive in its concept. Some aspects will
be put on a self-administering basis
while tighter and more effective controls
will be applied in other areas. For ex-
ample, there will be a stepped-up effort
to cope with rising food prices.
Under phase HI. neither a wage board
nor a price commission is contemplated
but the Cost of Living Coimcil wUl con-
tinue. The President has announced that
he will appoint John T. Dunlop to suc-
ceed Donald Rumsfeld as Chairman of
the Council.
I am pleased phase m will continue
the Construction Industry Stabilization
Committee which has been working well
with labor organizations and manage-
ment groups within the country. Cer-
tainly there wUl be need for even closer
and better cooperation between these
two segments of our economy in the fu-
ture if phase HI is to succeed.
I am pleased also to note in the mes-
sage that the President intends to con-
tinue the Committee on Interest and Div-
idends which is chaired by Arthur Bums.
The President has set a new goal with
regard to inflation. The objective is to
bring the rate of inflation down to 2.5
percent or below by the end of 1973.
That is an ambitious goal but it is also
a worthy goal deserving the best efforts
of the administration and Congress.
The tone of the President's message is
conciliatory. In a spirit of cooperation,
the President has asked Congress for
support in this drive to hold the line on
prices and to avoid new taxes. I hope the
message will be received and acted upon
at an early date by Congress in that
same spirit.
Mr. President, I sisk unanimous con-
sent that a summary giving the high-
lights of the President's program oe in-
cluded in the Record at this point.
There being no objection, the program
was ordered to be printed in the Record,
as follows:
Summary of President Nixon's Program
comprehensive wage-price restraint
PROGRAM
Except In special problem areas, the pres-
ent program will be replaced by one which
is self-admlnlsterlng and based on voluntary
compliance. Standards will be provided and
restraint called for. If restraint Is not exer-
cised, the government will have the capacity
to Intervene as appropriate In the particular
situation and ensure that restraint Is exer-
cised from that point on. Some firms wlU be
required to keep records, and other larger
Anns will be asked to file quarterly reports.
This WlU help the Cost of Living CouncU
monitor price and wage developments. Pre-
CXIX 48— Part 1
notification and government approval for In-
dividual actions will be dropped. Firms will
be expected to make their own decisions, In
the spirit of restraint and voluntarism,
within the guides.
Price standards
Finns will be allowed to increase prices to
refiect Increased costs subject to either one
of two limits: (a) that their average price
Increases do not exceed 1.5 percent; or (b)
that their base period profit margin Is not
exceeded. In judging whether price Increases
are merited by cost Increases, firms can use
the present rules as a guide. The base period
for profit margin computation wUl be revised
to allow more flexibility. There will be ex-
ceptions to p>ermlt necessary adjustments to
avoid distortions.
Wage standards
A Labor-Management Advisory Committee
will be convened to consider whether the
wage standard Is consistent with our new
antl-lnflatlon goal. Until that group con-
venes and returns with Its recommenda-
tions, the present standards of 6.5 percent
with additions for fringe benefits will be
continued.
Operation of the program
The standards described above will be Is-
sued to guide Individual performance. In ex-
amining the performance of firms and Indus-
tries In their self-admlnlstratlon of these
standards, the Council will be looking for be-
havior that was reasonably consistent with
them. The standards will be mandatory in
the sense that unreasonably Inconsistent ac-
tions could result In the imposition of spe-
cific, legally binding price or wage levels, as
well as other prospective restrictions.
SPECIAL effort ON FOOD
Firms Involved In food processing will be
required to comply with present regulations
applying to them. Including prenotlficatlon
of and approval of cost-justified price In-
creases. Firms involved In food retaining will
be held to present Item margin markups.
A committee drawn from the Coet of Liv-
ing Council will be established, chaired by
the Chairman of the Cost of Living Council
and composed of the Chairman of CEA. Sec-
retary of Agriculture, Director of OMB, and
Director of CLC. The committee's purpose
will be to review government policies and
recommend appropriate changes In those
having an sidverse effect on food prices.
An advisory group composed of non-gov-
ernment individuals knowledgeable about all
aspects of the food Industry will be estab-
lished to advise the Cost of Living CouncU
Conxmlttee on Pood. This group will con-
sider the operation of the controls program
as It affects the Industry and the pec^le
working In It, federal policies and actions af-
fecting food prices, and ways of Improving
productivity at all points In the food proc-
essing and distribution chain.
SPECIAL effort on HEALTH
The present controls applicable to this
sector will be continued until appropriate
modifications are recommended by the com-
mittees described below.
A committee drawn from the Cost of Liv-
ing CouncU will be established, chaired by
the Director of the CLC and composed of
the Chairman of CEA, the Director of OMB
and the Secretaries of the Treasury and HEW.
(The Secretary of HEW Is being added to
the CLC.) The committee's purpose will be
to review and make appropriate recommen*
datlons concerning changes In government
programs that could lessen the rise of health
costs.
An Advisory Committee composed of
knowledgeable Individuals outside the Fed-
eral Government will be established to ad-
vise the Cost of Living Council on the opera-
tion of controls In the health Industry and
changes In government programs that could
aUevlate the rise of health costs. This oom-
mlttee would also work to mobilize Insur-
ance companies and other third-party pay-
ers to us© their ln3uence in reducing the rise
In health costs.
SELECT COMMTETEE ON STAND-
ARDS AND CONDUCT— APPOINT-
MENT BY THE VICE PRESIDENT
OF SENATORS CURTIS AND
BROOKE
The PRESIDING OFFICER (Mr.
Haskell). The Chair, on behalf of the
Vice President, pursuant to Senate Reso-
lution 338 of the 88th Congress, appoints
the Senator from Nebraska (Mr. Curtis)
and the Senator from Massachusetts
(Mr. Brooke) to the Select Committee
on Standards and Conduct.
SELECT COMMITTEE TO STUDY
QUESTIONS RELATED TO SECRET
AND CONFIDENTIAL (GOVERN-
MENT DOCUMENTS— APPOINT-
MENTS BY THE VICE PRESIDENT
The PRESIDING OFFICER (Mr.
Haskell ) . The Chair, on behalf of the
majority and minority leaders, in ac-
cordance with Senate Resolution 13. 93d
Congress, appoints the following Sena-
tors to the Select Committee to Study
Questions Related to Secret and Confi-
dential Government Documents: the
Senator from Montana (Mr. Mansfield) ,
chairman; the Senator from Rhode
Island ' Mr. Pastore » ; the Senator from
Iowa fMr. Hughes) ; the Senator from
California fMr. Cranston) ; the Senator
from Alaska (Mr. Gravel) ; the Senator
from Pennsylvania (Mr. Scorr), co-
chairman; the Senator from New York
(Mr. Javits) ; the Senator from Oregon
(Mr. Hatfield ) ; the Senator from Flor-
ida (Mr. GuRNEY) ; and the Senator
from Kentucky (Mr. Cook) .
JOINT ECONOMIC COMMnTEE— AP-
POINTMENT BY THE VICE PRESI-
DENT OF SENATOR SCHWEIKER
The PRESIDING OFFICER (Mr.
Haskell) . The Chair, on behalf of the
Vice President, pursuant to the provi-
sions of section 1024 of title 15, United
States Code, appoints the Senator from
Pennsylvania (Mr. Schweiker) to the
Joint Economic Committee to fill a va-
cancy of the minority party membership.
EXTENSION OF PERIOD FOR
TRANSACTION OF ROUTINE
MORNING BUSINESS
The PRESIDING OFFICER (Mr.
EEaskell) . The period for the transaction
of morning business appears to have
expired.
Mr. HUGHES. Mr. President, I ask
unsmimous consent that the period for
the transaction of routine morning busi-
ness be extended for a p)eriod of 15 min-
utes.
The PRESroiNG OFFICER. Without
objection, it is so ordered.
INTRODUCTION OF BILLS AND
JOINT RESOLUTIONS
The following bills and Joint resolu-
tions were introduced, read the first time
746
CONGRESSIONAL RECORD — SENATE
and, by unanimous consent, the second
time, and referred as indicated:
By Mr. GOLDWATER:
S. 285. A blU for the relief of Donald L.
Querlng, bis wife, Viola M. Querlng. and their
child, Rozanne J. Querlng. Referred to the
CoDomlttee on the Judiciary.
By Mr. SCOTT Of Virginia:
S. 286. A bill to exclude from gross In-
come the first $260 of Interest received on
deposits in thrift Institutions. Referred to
the Committee on Finance.
S. 287. A bill to clarify the Jurisdiction of
certain Federal courts with respect to pub-
lic schools and to confer such Jurisdiction
upon certain other courts. Referred to the
Committee on the Judiciary.
S. 288. A bill to amend title 28 of the
United States Code to provide that petit
Juries In U.S. district courts shall consist of
six Jurors, except In trials for capital offenses.
Referred to the Committee on the Judiciary.
S. 289. A bin to amend title 38, United
States Code. In order to permit certain vet-
erans up to 9 months of educational assist-
ance for the purpose of pursuing retraining
or refresher courses. Referred to the Com-
^ilttee on Veterans' Affairs.
S. 290 A bUl to amend title 5. United
States Code, to authtwize the immediate re-
tirement without reduction in annuity of
employees and Members of Congress upon
completion of 30 years of service. Referred
to the Committee on Post Office and Civil
Service. •
S. 291. A bin to amend title 13, United
States Code, to provide certain limitations
with respect to the types and number of
questions which may be asked In connection
with the decennial censuses of population,
unemployment, and housing, and for other
purposes. Referred to the Committee on Post
Office and ClvU Service.
S. 292. A bill to provide career status as
rural carriers without examination to cer-
tain qualified substitute rural carriers of rec-
ord In certain cases, and for other purposes.
Referred to the Committee on Post Office
and Civil Service.
S. 293. A bill to authorize the Secretary of
the Interior to establish the Oeorge Wash-
ington Boyhood Home National Historic Site
In the State of Virginia. Referred to the Com-
mittee on Interior and Insular Affairs.
By Mr. HUMPHREY:
S. 294. A bill to make an assault on or
murder of a State or local policeman, flre-
man. or prison guard a Federal offense. Re-
ferred to the Committee on the Judiciary.
S. 295. A bill to amend the Federal Avia-
tion Act of 1958 In order to authorize free
or reduced rate transportation to handi-
capped persons and persons who are 65 years
of age or older, and to amend the Interstate
Commerce Act to authorize free or reduced
rate transportation for persons who are 65
years of age or older. Referred to the Com-
mittee on Commerce.
S. 296. A bill for the relief of Mr. Patrick
Henry Daly. Maria CecUia Ada Clella Couslno
Noe de Daly, Patricio Luis Daly. Christian
Andres Daly. Barbara de los Angeles Daly,
Carolina Elizabeth Daly. Referred to the
Committee on the Judiciary.
By Mr. BENNETT (by request) :
S. 297. A bill to- regulate State taxation of
federally insured financial Institutions. Re-
ferred to the Committee on Banking. Hous-
ing and Urban Affairs.
By Mr. BENNETT:
S. 298. A bUl for the relief of Sung Wan
Kim. Referred to the Committee on the Judi-
ciary.
S. 299. A bill to amend chapter 34 of title
38. United States Code, to consider as active
duty service, for certain purposes and under
certain circumstances, the Initial period of
active duty for training served by a veteran
pursuant to section 51 1(d) of title 10, United
States Code Referred to the Committee on
Veterans' Affairs.
By Mr. MANSFIELD (for himself and
Mr. MoNDALZ) :
S. 300. A bin to provide for the compensa-
tion of persons Injured by certain criminal
acts, to make grants to States for the pay-
ment of such compensation, and for other
purposes. Referred to the Committee on the
Judiciary.
By Mr. HART:
S. 301. A bill for the relief of Erlinda
Zaragosa. Referred to the Committee on the
Judiciary.
By Mr. MOSS :
S. 302. A bin to authorize and direct the ac-
quisition of certain lands within the bound-
aries of the Wasatch National Forest In
the State of Utah by the Secretary of Agri-
culture. Referred to the Committee on In-
terior and Insular Affairs.
S. 303. A bin to authorize and direct the
Secretary of Agriculture to acquire certain
lands and Interests therein within the
boundaries of the Cache National Forest In
the State of Utah. Referred to the Commit-
tee on Interior and Insular Affairs.
S. 304. A bUl for the relief of MUagro de
la Paz Posada. Referred to the Committee on
the Judiciary.
By Mr. YOUNO:
S. 305. A bill for the relief of LI Su Chin
Huang, Huel Chung Huang, Huel Rung
Huang, Huel Luen Huang, and Yang Nene
Huang.
S. 306. A bin for the relief of Sung Tung
Wang and Wen Fen Wang.
S. 307, A bUl for the relief of Rosarlo O.
Caladlao.
S. 308. A bill for the relief of Exequlel B.
Cruz; and
S. 309. A bUl for the relief of Dr. Hermene-
gUdo M. Kadlle Referred to the Committee
on the Judiciary.
S. 310. A bUl to authorize the Secretary of
the Army to convey certain lands originally
acquired for the Garrison Dam and Reservoir
project m the State of North Dakota to the
Mountrail County Park Commission, Mount-
ran County, N. Dak. Referred to the Com-
mittee on Public Works.
S. 311. A bill to extend the provisions of
section 403(b) of the Internal Revenue Code
of 1954 to employees of public hospitals. Re-
ferred to the Committee on Finance.
S. 312. A bUl to amend the Internal Rev-
enue Code of 1954 to allow a deduction for
expenses Incurred in connection with the
adoption of a chUd. Referred to the Commit-
tee on Finance.
By Mr. ROBERT C. BYRD (for Mr.
Bentsen) (for himself and Mr
TowrE«) :
S. 313. A bill to establish the Amlstad Na-
tional Recreation Area in the State of Texas-
and
By Mr ROBERT C. BYRD (for Mr
BENSTEN) :
S. 314. A bin to establish the Big Thicket
National Park In Texas. Referred to the Com-
mittee on Interior and Insular Affairs.
By Mr. BENNETT:
S. 315. A bUl for the relief of Elsa Blblana
Paz Soldan. Referred to the Committee on
the Judiciary.
By Mr. JACKSON (for himself, Mr.
BtTCKUT, Mr. CHtmcH, Mr. Griffin,
Mr. Hart, Mr. Chiles, Mr. Hartke.
Mr. Case, Mr. McGee, Mr. Stevenson,
Mr. Brooke, Mr. Nelson, Mr. Mon-
DALE. Mr. Javtts, Mr. Proxmire. Mr.
Randolph, Mr. Metcalf, Mr. Mans-
field, and Mr. Scott of Pennsyl-
vania) :
S. 316. A bin to further the purposes of
the Wilderness Act of 1964 by deslgnaUng
certain lands for Inclusion In the National
Wilderness Preservation System, and for
other purposes. Referred to the Committee
on Interior and Insular Affairs.
By Mr. ALLEN (for himself and Mr.
Sparkman) :
8. 317. A bUl to provide for the settlement
January ii, 1973
of claims resulting from participation In a
Public Health Service study to determine
the consequences of untreated syphilis Re-
ferred to the Committee on the Judiciary
By Mr. WEICKER (for himself and Mr
Bible. Mr. Brooke, Mr. Cannon Mr
Cook, Mr. Fannin, Mr. Javtts Mr
Moss. Mr. Pell. Mr. Taft, and Mr
YoTTNC) :
S. 318. A bin to safeguard the professional
news media's responsibility to gather infor-
mation, and therefore to safeguard the pub-
lic's right to receive such Information while
preserving thp integrity of Judicial processes
Referred to the Committee on the Judiciary
By Mr. RIBICOFF (for himself. Mr
McInttre, Mr. Stafford. Mr. Aiken
Mr. Brooke, |4r. Hathaway, Mr. Pas-
tore, Mr. Weicker, Mr. Muskie, Mr
Cotton Mr. Pell, and Mr. Ken-
nedy) :
S. 319. A bUl relative to the ou import
program. Referred to the Committee on Pi-
nance.
By Mr. JAVTTS:
S. 320. A bUl to amend title II of the Social
Security Act, to provide that, for purposes of
the provisions thereof relating to deductions
from benefits on account of excess earnings,
there be disregarded. In certain cases. Income
derived from the sale of certain copyrights,
literary, musical, or artistic compositions!
letters or memoranda, or similar property!
Referred to the Committee on Finance
By Mr, TAFT:
S. 321. A bUl to exclude from gross Income
the first 8500 of Interest received from savings
account deposits in lending institutions. Re-
ferred to the Committee on Finance.
By Mr. SCHWEIKER :
S. 322. A bill to amend the Fair Packaging
and Labeling Act to provide for the establish-
ment of national standards for nutritional
labeling of food commodities. Referred to the
Committee on Commerce.
S. 323. A bill to amend the tariff and trade
laws of the United States, and for other pur-
poses. Referred to the Committee on Finance.
S. 324. A bin to amend the Public Health
Service Act to provide for nutrition educa-
tion In schools of medicine and dentistry, Re-
fererd to the Committee on Labor and Public
Welfare.
By Mr. BIBLE (for himself and Mr.
Cannon) :
S. 325. A bill to expand the Boulder Canyon
project to provide for the construction of a
highway crossing the Colorado River imme-
diately downstream from Hoover Dam, Re-
ferred to the Committee on Interior and In-
sular Affairs.
By Mr, STEVENSON:
S, 326, A bill for the relief of Minnie E.
Solger, Referred to the Committee on the
Judiciary.
S. 327. A bill to incorporate Recovery. Inc.
Referred to the Committee on the Judiciary.
By Mr. HARRY F. BYRD. JR.:
S. 328. A bill to amend section 2307 of title
10. United States Code, to limit to $20 mil-
lion the total amount that may be paid In
advance on any contract entered Into by
the Departments of the Army. Navy, and Air
Force, the Coast Guard, and the National
Aeronautics and Space Administration.
Referred to the Committee on Armed Serv-
ices.
By Mr. THURMOND :
S 329. A bUl to amend the Internal Reve-
nue Code of 1954 to allow a credit against
tA(e individual Income tax for tuition paid
for the elementary or secondary education of
dependents. Referred to the Committee on
Flnknce.,^^-^ ^
S. SSO'. A blh-tcranjend chapter 67 (relating
to retired pay for nonregular service ) of title
10, United States Code, to authorize pay-
ment of retired pay actuarlly computed to
persons, otherwise eligible, at age 50, and for
other persons. Referred to the Committee on
Armed Services,
January 11, 1973
By Mr. THURMOND (for Mr. Ourniy) :
S 331, A bin to establish the Chassahow-
Itjska National Wilderness Area In the State
of Florida;
8 332, A bin to establish the Saint Marks
National WUderness Area in the State of
Florida;
8 333 A bUl to establish the Spessard L.
Holland National Seashore In the State of
Florida, and for other purposes; and
8 334. A bill to authorize the acquisition
of the Big Cypress National Fresh Water
Beserve In the State of Florida, and for other
purposes. Referred to the ConmUttee on In-
terior and Insular Affairs.
By Mr. CHURCH (for himself. Mr. Wil-
liams. Mr. HtiMPHREY, and Mr. Mc-
Clurk) :
S. 335. A bill to promote development and
expansion of community schools throughout
the United States. Referred to the Commit-
tee on Labor and Public Welfare.
By Mr. HART (for himself, Mr. Met-
calf. and Mr. Case) :
S. 336. A bin amending section 133(f) of
the Legislative Reorganization Act of 1946
with respect to the avaUablllty of committee
reports prior to Senate consideration of a
measure of matter. Referred to the Commit-
tee on Government Operations.
By Mr. BROCK (for himself. Mr. Al-
len. Mr. Baker, Mr. Harry F. Byrd,
Jr., Mr. Eastland, Mr. Goldwater,
Mr. Hansen, Mr. Stennis, Mr. Thur-
mond, Mr. Tower, Mr. GRimN, and
Mr. Bible) :
S.J. Res. 14. A Joint resolution proposing
an amendment to the Constitution of the
United States relating to open admissions to
public schools. Referred to the Committee on
the Judiciary.
By Mr. SCOTT of Virginia:
S.J. Res. 15. A Joint resolution proposing
an amendment to the Constitution of the
United States relating to the participation
in nondenomlnatlonal prayers In any bund-
ing which Is supported In whole or In part
through the expenditure of public funds;
and
8J. Res. 16. A Joint resolution proposing
an amendment to the Constitution relating
to the continuance In ofiOce of Judges of the
Supreme Court and of Interior courts. Re-
ferred to the Committee on the Judiciary.
CONGRESSIONAL RECORD — SENATE
747
STATEMENTS ON INTRODUCED
BILLS AND JOINT RESOLUTIONS
By Mr. SCOTT of Virginia:
S. 287. A bill to clarify the jurisdiction
of certain Federal courts with respect to
public schools and to confer such juris-
diction upon certain other courts. Re-
ferred to the Committee on the Judi-
ciary.
Mr. SCOTT of Virginia. Mr. President,
I have a number of bills that, after brief
remarks, I would like to send to the desk
and have printed and referred to the
proper committees. These are measures
that have previoasly been introduced in
the House. I think that they are merito-
rious measures, and I feel that they
should receive consideration in the 93d
Congress.
JURISDICTION OF FEDERAL COURTS
OVER ISSUES AND CONTROVER-
SIES INVOLVING THE PUBLIC
SCHOOLS
Mr. SCOTT of Virginia. Mr. President,
the first of my bills relates to the juris-
diction of the Federal courts over the
issues and controversies involving the
public schools.
I think the State courts are the courts
closest to the people, and I believe that
we would not have the problems that
have just been discussed on the floor of
the Senate if the courts of originsJ juris-
diction were State courts rather than
Federal courts. Much of our problem has
come from the Federal District courts
and the actions that are taken by the
judges in those courts.
TENURE OF FEDERAL JUDGES
Mr. President, my second bill relates to
the tenure of our Federal judges. It
seems to me that 10-year terms are rea-
sonable. Anyone holding a public position
should from time to time have to ac-
count for his stewardship, and 10 years
is a reasonable time for a Federal judge
to serve without having to come back to
the President and to the Senate for re-
appointment and reconfirmation.
I believe that a bill on this matter
should receive the attention of the
Senate.
By Mr. SCOTT of Vh-ginia:
S. 29'?. A bill to authorize the SecretaiT
of the Interior to estabUsh the George
Washington Boyhood Home National
Historic Site in the State of Virginia. Re-
ferred to the Committee on Interior and
Insular Affairs.
ESTABLISHMENT OF BIRTHPLACE AND BOYHOOD
HOME OF GEORGE WASHINGTON AS A NATIONAL
SHRINE
Mr. SCOTT of Virginia. Mr. President,
the third bill I send to the desk — and the
only other one on which I will take the
time of the Senate to discuss — is with re-
gard to the establishing and preservation
of Ferry Farms, the boyhood home of
George Washington, as a national shrine.
We are getting almost to the time
when we will commemorate the 200th
birthday of this Nation. This is the place
where legend tells us George Washington
chopped down the cherry tree and threw
a silver dollar across the Rappahannock
River.
Mr. President, this area is now being
threatened with commercial purposes.
This place should be used in conjunc-
tion with Wakefield, the birthplace of
George Washington. It is in the same
area and should be preserved as a his-
toric place for our Nation.
By Mr. HUMPHREY:
S. 294. A bill to make an assault on
or murder of a State or local policeman,
fireman, or prison guard a Federal of-
fense. Referred to the Committee on the
Judiciary.
THE KILLING OF POLICEMEN AND FIREMEN
SHOtTLD BE A FEDERAL OFFENSE
Mr. HUMPHREY. Mr. President, I am
today reintroducing my bill to make the
assault on or the murder of a State or
local poUceman or fireman or prison
guard a Federal offense.
This legislation was first introduced
on March 15, 1972, and it was later
adopted as an amendment to the Hand-
Gim Control Act In the closing days of
the 92d Congress. The Hand-Gun Con-
trol Act, however, failed to become law.
Mr. President, poUcemen and firemen
put their lives on the line for the rest
of us every day of the year. I think It is
up to Congress now to assure that their
safety Is protected. And, the recent kill-
ings of law enforcement and public
safety personnel In New Orleans high-
lights the need to make an tissault on
or a murder of a policeman or a flremsin
a Federal offense.
I would hope that the Senate Judici-
ary Committee would consider this legis-
lation as promptly as possible. We need
to take action and take It now.
Mr. President, I ask unanimous con-
sent that a copy of my remarks of March
15, 1972, and a copy of the bill be printed
at this point In the Record.
There being no objection, the remarks
and bill were ordered to be printed in the
Record, as follows :
Statement of Senator Humphrey, March 15.
1972
Mr. Humphrey. Mr, President. I am In-
troducing legislation today which would
make the crime of murder, or attempted
murder, of a policeman, fireman, or penal
Institution guard a Federal offense. This
action Is sorely needed and long overdue, for
the problem of crime In America, which
affects the lives of all of us. has created a
crisis situation with respect to the security
of public safety officials. We are a nation
founded on law. We can never have a lawful
and Just society when men charged with
safeguarding the public welfare live In con-
stant danger of physical attack. These peo-
ple put their lives on the line for all of us
every day. It Is up to this Congress to as-
sure that all that can be done, Is Indeed
done, to assure their safety.
The problem of public safety personnel be-
ing put In the position of targets of public
and poUtlcal violence Is Increasing so rap-
Idly that we can no longer stand back and
watch these brave men fall In ever Increas-
ing numbers to the agents of lawlessness in
our society. In 1961. when John Kennedy was
Inaugurated President. 37 policemen were
killed In the line of duty In the United
States. One decade later this figure has
tripled to 125, with the rate Increasing each
year. Specifically, there were 48 policemen
kUled In 1962, 55 In 1963, 57 In 1964, 53 In
1965, 57 In 1966, 76 In 1967, 64 In 1968, 86 In
1969, 100 In 1970, and 125 In 1971. And In
the first month of 1972 alone, 12 police offi-
cers were killed In the line of duty. This Is
obviously an Intolerable trend which must
be reversed.
During the same period of time that over
700 police officers were slain In the line of
duty, 44 firemen met the same fate. And
now we find ourselves in the grips of a new
problem— the alarming Increase In killing
of penal institution guards. The deaths of
men In these three groups of public safety
officials tarnishes our Nation.
The legislation which I am Introducing
today may be one method which can success-
fully decrease the number of attacks made
on public safety officers In our Nation. Let
u»*remember that before the crime of kid-
naping was made a Federal offense, kid-
naping had reached catastrophic propor-
tions In the United States, with almost 300
kldnaplngs alone In 1931. After this heinous
crime was made a Federal offense, kldnap-
lngs have averaged at 28 per year — a star-
tling reversal. Hopefully, the ssmie kind of
reversal might be effected by the threat of
FBI investigation of crimes Involving at-
tacks on poUcemen, firemen, and prison
guards. The Constitution authorizes us to
legislate the public welfare. Certainly the
safety of these men whose duty Is to safe-
guard the public welfare Is a constitution-
ally valid concern. Making these crimes a
Federal offense will direct national atten-
tion to each of these attacks, and thus may
serve to remind criminals or potential crim-
inals of the seriousness of their actions.
748
I
CONGRESSIONAL RECORD — SENATE
January 11, 1973
Thus, for the sake of our brave public safety
official, as well as for tbe sake of law. order,
and Justice In our society, the legislation
which I propose today must be acted upon
quickly.
S. 294
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That (a)
chapter 51 of title 18. United States Code.
Is amended by adding at the end thereof the
following new section :
"5 1116. Murder, manslaughter, or attempt
to commit murder or man-
slaughter of State law enforce-
ment officers, firemen, or prison
guards
"(a) Whoever commits murder or man-
slaughter, or attempts to commit murder or
manslaughter, or aids or abets another In the
commission of such murder or manslaughter,
or attempts to commit such murder or man-
slaughter, of any State law enforcement of-
ficer, fireman, or prison giard while such
officer, fireman, or guard Is performing of-
ficial duties, or because of the official position
of such officer, fireman, or guard, shall be
punished as provided under section 1111,
section 1112, or section 1113 of this title.
"(b) As used In this section, the term —
"(1) 'law enforcement officer' means any
officer or employee of any State who Is
charged with the enforcement of any crim-
inal laws of such State.
"(2) 'fljeman' means any person serving
as a member of fire protective service or-
ganized and administered by a State or a
volunteer fire protective service organized
and administered by a State or a volunteer
fire protective service organized anC admin-
istered under the laws of a State;
"(3) 'prison guard' means any officer or
employee of any State who Is charged with
the custody or control In a penal or cor-
rectional Institution of persons convicted of
criminal violations; and
" (4) 'State' means any State of the United
States, the Commonwealth of Puerto Rico,
any political subdivision of any such State
or Commonwealth, the District of Columbia,
and any territory or posesslon of the United
States.".
(b) The chapter analysis of such chapter
Is amended by adding immediately after Item
1115 the following new Item;
"1116. Murder, manslaughter, or attempt to
commit murder or manslaughter
of State law enforcement officers,
firemen, or prison guards.'.
By Mr. HUMPHREY:
S. 295. A bill to amend the Federal
Aviation Act of 1958 in order to au-
thorize free or reduced rate transporta-
tion to handicapped persons and per-
sons who are 65 years of age or older,
and to amend the Interstate Commerce
Act to .authorize free or reduced rate
trsuosportation for persons who are 65
years of age or older. Referred to the
Committee on Commerce. ^
REDUCED TRAVEL RATES FOR HANDICAPPED
AND ELDERLY
Mr. HUMPHREY. Mr. President, the
legislation I am introducing today is of
great importance to millions of older
Americans and handicapped persons
who are, in effect, being denied the right
to travel under present policies and by
prohibitive costs. It is profoundly wrong
that a disabled veteran confined to a
wheelchair should be required to pay
double fare to have an attendant on an
airline flight. And it is wrong that an
elderly couple should be isolated from
their children or be denied the broad
opportunities of retirement years be-
cause of the cost of air travel.
The bill which I am introducing, and
which had been adopted, in part, by the
Senate in the last Congress, would en-
able airUnes to offer free or reduced rate
transportation to handicapped persons
and persons who are 65 years of age or
older. It will extend the same permis-
sive authorization to railroads and bus-
lines to offer free or reduced fares to
elderly persons that are available under
ejcisting law to the blind and to men-
tally or physically handicapped persons.
Moreover, total or partial fare discounts
on regular airline reservation tickets,
also would be authorized for persons
attending the physically or mentally
handicapped on their flights.
I believe my bill offers the most com-
prehensive and equitable approach to
guaranteeing the right to travel to hand-
icapped persons and the elderly. In con-
trast to recent decisions of the Civi^
Aeronautics Board to terminate certain
promotional fares offered by airlines,
with the rationale that these fares had
been discriminatory and had failed to in-
crease passenger loads sufiBciently to off-
set reduced revenues, I firmly believe
that the fare reductions authorized in
my bill would end an existing unjust dis-
crimination and would result in substan-
tially increased revenues. For the fourth
year in a row, airlines are flying less than
half full. Yet there have been impressive
examples of senior citizen passenger load
and revenue increases of up to 400 per-
cent over the past few years where air-
lines have been authorized to offer fare
reductions. Surely, there is clear evi-
dence of an untapped market when sen-
ior citizens, comprising 10 percent of our
population, account for only 5 percent
of all airline passengers.
I also believe that a fundamental re-
spect for human dignity and equal op-
portunity demands that all forms of de
facto discrimination against mentally or
physically handicapped persons be re-
moved from American society. That is
why, in addition to having previously
introduced basic legislation to prohibit
this denial of civil rights. I am particu-
larly concerned in this specific instance
that fare discounts be authorized on
regular airline reservation tickets, to the
blind, the physically and mentally hand-
icapped, and persons traveling in their
attendance, as further defined by reg-
ulations of the Civil Aeronautics Board —
an authorization already applied to rail-
roads and buslines under existing law.
Mr. President. I ask unanimous con-
sent that the text of my bill be printed
at this point in the Record.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
s. 296
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That section
403(b) of the Federal Aviation Act of 1968
Is amended ( 1 ) by inserting after "persons
ia connection with such accident;" the fol-
lowing: "persons who are slrty-five years
of age or older, and handicapped persons and
persons traveling with and attending such
handicapped persons when the handicapped
person requires such attendance;", and (3)
by Inserting at the end thereof tbe follow-
ing: "As used tn this section the term
handicapped person' means the blind and
other persona who are physically or mental-
ly handicapped, as further defined by regu-
lations of the Board.".
Sec. 2. Section 22 of the Interstate Com-
merce Act Is amended by inserting after "or
commutation passenger tickets;" the follow-
ing : "nothing In this part shall be construed
to prohibit the transportation of persons who
are sixty-five years of age or older free or at
reduced rates;".
By Mr. BENNETT (by request) :
S. 297. A bill to regulate State taxation
of federally Insured financial institutions.
Referred to the Committee on Bank-
ing, Housing and Urban Affairs.
Mr. BENNETT. Mr. President, I in-
troduce, by request, a bill to regulate
State taxation of federally insured in-
stitutions. I introduced, by request, a
similar bill in May of last year. The bill
last year, however, had an elaborate pro-
vision intended to prevent discrimina-
tion between taxation of banks and other
financial Institutions and businesses.
When our Banking, Housing and Urban
Affairs Committee met in executive ses-
sion on the proposal, it was tabled with-
out full consideration of its merits. At
that time, it was argued that there was a
proposal pending before the House Bank-
ing and Currency Committee which
would more nearly put into legislation
recommenuations of the Federal Reserve
Board regarding the taxation of banks
and that it would be appropriate to delay
further Senate action until the House
committee had acted on its bill. The
House committee did not complete con-
sideration of its bill during the last ses-
sion.
As the result of this action, or in-
action, on the legislation last year, a
provision called a permanent amend-
ment contained in legislation enacted in
1969, removing all restrictions on the
taxation of banks by States, went into
effect on January 1. 1973. Because Mem-
bers of Congress were concerned that the
effects of the removal of all restrictions
on the authority of States to tax fed-
erally chartered banks could be adverse
to the banking system and the overall
economy, the same act. Public Law 91-
156, required the Federal Reserve Board
to make a study of the probable
effects and to report its recommenda-
tions which would then be considered by
the Congress before the permanent
amendment was scheduled to go into ef-
fect. The Federal Reserve Board made
such a report in May of 1971, with five
recommendations. First, intangibles
owned by all insured depositories should
be exempt from taxation. Second, limi-
tations should be placed on the imposi-
tion of "doing business" and similar
taxes by foreign States on all deposi-
tories. Third, measures should be taken
to prevent discrimination between one
class of bank and another, between home
State and foreign State banks, and be-
tween banks and other business firms.
Fourth, States should be permitted to
t3x interest on Federal obligations in
order to permit States flexibility in their
t?xing methods. Fifth, currency and
coins should be considered intangible
January 11, 1973
CONGRESSIONAL RECORD — SENATE
749
personal property for State and local tax
purposes.
"Ilie Federal Reserve report stated that
there may be a danger of dislntermedi-
ation as a result from taxation of bank-
owned intangible personal property. In
addition, the Board's report points out
the dangers which might result from
State taxation which might discriminate
between national and State banks, be-
tween home State banks and out-of-
State banks, between banks and other
businesses generally, or between banks
and other competing financial institu-
tions. The Board has made it clear that
any State taxation which might result in
such disintermediation or such discrim-
ination might have seriously swiverse ef-
fects on the Nation's financial mecha-
nisms and the functions of the Nation's
payments system and thereby on the Na-
tion's commerce and on the maintenance
of government itself.
The bill which I introduce today is
intended to carry out the recommenda-
tions of the Federal Reserve Board and
is the same as title 11 of H.R. 15656
which was approved by the Subcommit-
tee on Bank Supervision and Insurance
of the House Banking and Currency
Committee last year, except for two
changes. First, a provision exempting de-
posits in banks, which was not recom-
mended by the Federal Reserve Board,
is not included. I am informed that such
a provision if retained would cause seri-
ous problems for existing tax laws of
Ohio and Michigan. In £uidition, title n
of H.R. 15656 was limited to the taxation
of insured commercial banks, while the
bill which I have been requested to intro-
duce follows the Federal Reserve Board's
recommendation to cover all federally
insured institutions and thus applies to
commercial banks and savings banks in-
sured by the Federal E>eposit Insurance
Corporation, savings and loan associa-
tions insured by the Federal Savings and
Loan Insurance Corporation, and mem-
bers of the Federal Home Loan Bank
System.
In introducing this proposal by re-
quest. I do not necessarily indicate sup-
port for all of its provisions. I do believe,
however, that it deserves careful con-
sideration by the Congress.
. By Mr. MOSS:
S. 302. A bill to authorize and direct
the acquisition of certain lands within
the boimdaries of the Wsaatch National
Forest in the State of Utah by the Secre-
tary of Agriculture. Referred "to the
Committee on Interior and Insular
Affairs.
ADDmONS TO WASATCH NATIONAL FOREST
Mr. MOSS. Mr. President, I introduce
for appropriate reference, a bill to au-
thorize the U.S. Forest Service to pur-
chase up to 3,000 acres of private land to
be added to the Wasatch National Forest
in Utah. The bUl authorizes a sum not
to exceed $2 million for the purchase.
The land is located in MIU Creek
Canyon above the diversion point for the
proposed Little Dell Reservoir, and in
Little Cottonwood and Big Cottonwood
Canyons.
I first introduced this bill in January
1967, because of my growing concern
that proposed private development in the
areas in question would create serious
sanitary and stream pollution problems
and would prevent the use of the land for
public recreation purposes. My concern
w£is and is shared by the Salt Lake City
Commission, which originally asked me
to introduce this bill, and by Utah con-
servationists anxious to act before the
land is damaged beyond repair.
Public testimony taken last summer at
hearings on an identical bill, revealed
the continuing interest and support this
measure has with local and State agen-
cies in Utah. The only negative testi-
mony among Utah representatives came
from private development interests who
stand to gain economically from the re-
tention of land in private ownership.
In hearings on August 4. 1972, in Wash-
ington, D.C., the Forest Service declined
to support the bill on grounds that local
government agencies should take the
lead in solving private land-use matters
through prudent land-use zoning re-
strictions and enforcement of applicable
environmental quality standards. How-
ever, It appears obvious from testimony
received that the pressures created by
private development have far outpaced
the effectiveness of regulation. Further-
more, Governor Rampton of Utah
stated:
It Is the feeling of the state government
that our mountain heritage should be re-
garded as a public trust. In this regard, an
effective argument can be made that the
greatest public benefit of such critical areas
as our canyons can best be realized under the
multiple use management principles of the
U.S. Forest Service. I might say here that if
there were in the State government the au-
thority to acquire this land and administer
it, I would oppose the bill. But there Is not,
and it would app>ear that the only way to get
the proper regulation of these areas now Is
through the Forest Service.
The measure I introduced last Con-
gress was passed by the Senate unani-
mously on September 19, 1972. However,
due to the press of business the last days
of the 92d Congress, the House failed to
take action.
Plans for residential subdivisions or
other developments on the lands have
been expanded. All of the developments
are close by the major sources of water
for Salt Lake Clry and other populated
areas. Both Little Cottonwood and Big
Cottonwood Creeks presently are a major
supply source of culinary water for Salt
Lake City, and the waters of Mill Creek
are imder consideration for use as an
additional source of water supply through
construction of the Little Dell Reservoir.
The Forest Service cannot purchase
these private lands through existing pro-
grams because the current administra-
tion's war-swollen budget hsis allocated
insuflSclent funds to programs created to
accomplish the purposes of his measure.
Nor can the Salt Lake City Corp. af-
ford to make the necessary investment.
Admittedly, it would be preferable if the
citj were able to assume some of the fi-
nancial burden of purchase, particularly
since failure to act will cause a pollution
problem which will directly affect Salt
Lake City and county. Nonetheless, since
the city cannot handle the problem. It
remains for the Federal Government to
take the necessary steps to protect the
watershed. The preservation of the vege-
tation on the Wasatch Front Range is
essential for flood control, for the pre-
vention of erosion and pollution, and is
essential to the stability and continuity
of water supphes. This can be accom-
plished only if the land is withheld from
private developers.
This year, as never before, we are
aware of the serious problems which have
arisen and can still arise because we have
not paid proper attention to our environ-
ment. There is much greater citizen de-
mand for protection from pollution now
than in 1967.
I recognize that the problem of water-
shed protection in the Wasatch Forest
is only one small part of the national
problem, but it is urgent that we begin,
step by step, to act now before the dam-
age is irreversible.
Mr. President, I ask unanimous con-
sent that the bill which I introduce to-
day, to acquire certain lands within the
boundaries of the Wasatch National For-
est, be printed in the Record.
There being no objection, the bill was
ordered to be printed in the Record,
£is follows:
S. 302
Be it etiacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That to
promote In a :imely and adequate manner
control of floods, the reduction of soU ero-
sion and strean pollution through the
maintenance of adequate vegetative cover,
and the conservation of their scenic beauty
and the natural environment, and to pro-
vide for their management, protection, and
public use as national forest lands under
programs of multiple use the Secretary of
Agriculture is authorized and directed to
acquire, as not to exceed the fair market
value as determmed by him, such of the
nonfederally owned land, not to exceed
three thousand acres, In the area described
In section 2 hereof as he finds suitable to
accomplish the purposes of this Act.
Sec. 2. This Act shall be applicable to land*
within the boundary of the Wasatch Na-
tional Forest in the watersheds of MUl
Creek, Big Cottonwood Creek, and Little
Cottonwood Creek, being portions of town-
ships 1. 2. and 3 south, ranges 1, 2, and 3
east Salt Lake base and meridian.
Sec. 3. There is hereby authorized to be
appropriated for the purposes of this Act
not to exceed $2,000,000, to remain available
until expanded.
By Mr. MOSS:
S. 303. A bill to authorize and direct
the Secretary of Agriculture to acquire
certain lands and interests therein with-
in the boundaries of the Cache National
Forest in the State of Utah. Referred to
the Committee on Interior and Insular
Affairs.
ADDITIONS TO CACHE NATIONAL FORXST
Mr. MOSS. Mr. President, I am today
introducing a bill to authorize the U.S.
Forest Service to purchsise approximate-
ly 23,000 acres of private land situated
on the watershed of the Middle Fork of
the Ogden River in Weber County, Utah,
and to add these acres to the Cache Na-
tional Forest. The bill authorizes the ap-
propriation of a sum not to exceed $3.-
450.000 for the purchase.
This bill is identical to S. 2762 which I
introduced during the 92d Congress and
750
CONGRESSIONAL RECORD — SENATE
which was passed by the Senate unani-
mously on September 19. 1972. The press
of last minute business precluded House
action before adjournment.
There is even greater urgency now for
passage of this bill than I indicated dur-
ing the last Congress. At that time I
pointed out that the most urgent reason
for authorizing the purchase of the pri-
vately owned lands in the area is to head
off the threat of pollution to the water
supply of Utah's second largest city,
Ogden, caused by subdivision develop-
ment and extensive livestock grazing. The
drainage of the Middle Fork is a prin-
cipal charge source of artesian wells
which serve the county. Any pollution at
the drainage area would also endanger
the quality of water flowing into Pine
View Reservoir, which is the primary
source of culinary water for a large num-
ber of Weber County residents.
A considerable expansion in subdivi-
sions for summer homes and other devel-
opments in the Ogden River Valley is
now underway. Ehiring the hearings I
conducted last year, a representative of
one development company which owns
approximately one-third of the land in
question, indicated the company's intent
to continue to develop and subdivide all
or part of its land. Although expressing
regret in having to sell such beautiful
land, the economic pressures created by
people wanting to own mountain prop-
erty were so overwhelming that the com-
pany could not afford to retain its lands.
Testifying f irther, this representative
indicated that any attempts by local
agencies to prevent their logical develop-
ment of the lands would be strenuously
opfx>sed. He also stated that the general
public would not be permitted access to
any of the company's lands.
In 1971 I discovered that several roads
had already been built into the Middle
Fork watershed, that 42 parcels of 40
acres each had been sold at $300 to $400
per acre and that plans for subdivision
liad been submitted to the Weber Coun-
ty„Pl8Uining Commission. A second source
of potential contamination to the water
supply was the reported livestock graz-
ing of approximately 2.000 head of sheep
and 200 head of cattle on the lands of
the B&B Land and Livestock Co.
Since 1971, I am advised that two de-
velopment companies. Sim Ridge, Inc.,
and Patio Springs, Inc.. have gained con-
trol of approximately two-thirds of the
23,00(^ acres in question and are moving
rapidly to assure full development of
their holdings. Approval for three sub-
divisions has been granted reluctantly
by the Weber County Planning Commis-
sion. These subdivisions contain 90 units
in cluster arrangements in approximate-
ly 1,000 acres. Whereas the selling price
in 1971 was $300 to $400 per acre, cur-
rent buyers seem willing now to pay $750
per acre for choice sites.
The coimty planning commission has
been advised that the Patio Springs Co. is
developing plans for a 1,000 unit recrea-
tional complex located at the mouth of
the Middle Fork. The company has al-
ready filed an application with the State
engineer for 5.000 acre feet of water
from the Middle Fork to serve this de-
velopment. The city of Ogden has pro-
cested the application.
Although the planning commission has
observed increased activity, they have not
observed the start of any construction.
There may be mobile homes located on
some sites but very little fixed improve-
ment in the value of property held seems
to have occurred. Livestock grazing is
still the highest valued use for a sub-
stantial portion of the land.
The pattern emerging in the Middle
Fork watershed is all too familiar. The
opportunity for economic gain combined
with the normal desire of an increasingly
affluent fraction of society for summer
homes in the mountains will most cer-
tainly cause deterioration to the water
supply of the vast majority of citizenry
in the Ogden River Valley.
Both random and uncontrolled sub-
division development and extensive graz-
ing are, of course, recognized threats to
a water supply, as they can spoil and
pollute surface and subsurface waters.
Although the county has moved quick-
ly to enact comprehensive zoning regula-
tions, in concert with a county master
plan, it is convinced that adequate and
permanent protection of this area can
only be accomplished through both pub-
lic acquisition and management utilizing
accepted techniques.
It is obvious, however, that action must
be taken soon. Otherwise the value of
this land will increase substantially and
place its purchase out of reach. It is with
the idea of preventing pollution before
it happens at a reasonable cost, rather
than trying to rectify it after it happens,
at a greatly inflated price, that I present
this bUl.
I do so at the request of the board of
county commissioners of Weber County,
the Ogden City Council, the Weber Coun-
ty Watershed Protection Corp., and the
Greater Ogden Chamber of Commerce.
I ask unanimous consent that position
statements presented by each of these
organizations at hearings held July 6.
1972, be printed In full In the Record. I
ask imanimous consent also that the full
text of the bill I am introducing be
printed in full in the Record.
There being no objection, the state-
ments and bill were ordered to be printed
in the Record, as follows :
PosmoN Statement bt Webks Countt Com-
mission AND Weber County Planning
Commission, Ogden, CTtah, on Senate Bill
No. 2762
representation
This presentation Is made on behalf of
the Weber County Commission and the
Weber County Planning Commission. Both
of these bodies In their line of duty to pro-
mote the welfare of the citizens of Weber
County as elected and appointed officials,
have gone on official record as supporting the
proposal that the Middle Pork drainage
of the Ogden River In Weber County, con-
sisting of approximately 30.000 acres be
acquired by the Federal Government and
administered by the Forest Service under
the Multiple Use Concept as proposed by
Senate Bill 2762.
PURPOSE
The purpose of the proposed acquisition Is
to preserve as far as possible this area In
its natural state In order to protect one of the
major drainages of the Ogden River, which
Is recognized as a major contributor to the
artesian basin underlying Pine View Res-
ervoir from which Ogden City, the center
Janimry 11, 1973
of this metropolitan area of 180,000 people
draws a major part of its water supply. '
A secondary reason for this recommenda-
tion Is to maintain the area as a wildlife
habitat. This area has historically sup-
ported a large population of deer, elk, and
other wildlife providing valuable winter
range which is being rapidly depleted In
surrounding areas due to human intru-
sions.
reason for concern
Reed W. BaUey In his book, Utah's Water-
sheds describes the Wasatch Mountain
Range as "humid Islands In the sky" which
sustains life as we know it in this arid land.
Without these mountains, civilization could
not exist. The mountains receive between
30 to 50 Inches of precipitation annually,
which generates stream flows, the moun-
tains' most valuable resource which pro-
vides the basis for living. In our area, the
quantity and quality of water avaUable from
the mountains determines the degree of
urbanization that wUl occur.
The keen Interest of the municipalities
along the urban corridor in the preseryation
of these mountain areas as prime watersheds
to secure their lifeblood is thus readily ap-
parent. Especially at this time Is this so, since
the long time use as summer livestock range
land Is now In jeopardy due to the eco-
nomic crisis for the Industry and the height-
ened activity of land dividers to subdivide
the mountains for summer home activities.
FRAGHJTT or mountains
Many studies have pointed out the fact
that the mountain areas generally over 6.500
to 7,000 foot elevation are among the most
fragile pieces of real estate that man deals
with. The mantle of soil cover has developed
a "balance of nature" over thousands ol
years which has resulted in a generally
stable and permanent ecological condition.
This condition is delicate and can be dis-
rupted by relatively minor (less than ten
percent area disruption) man-made changes.
Man, with the limited controls that local
government can apply, possesses not only
the ability, but the history of accomplish-
ing this disruption.
RESULT OF OVER OCCUPATION
The unwise and overuse of mountain land
by excessive greiztng, timber cutting, clear-
ing of natural vegetation and grasses, road
cutting, summer home development, over
intensive recreation use, and fire as a result
of man's increasing presence will destroy the
balance ecology and as a consequence will
bring about:
a. A deterioration and reduction of the
stabilizing land coverage, causing excessive
erosion, increased slltatlon In the streams,
increase in stream flows and changes In ac-
celerated cutting of stream channels, . the
deposition of sUt In the lower stream beds
leading to a plugging of the recognized un-
derground aquifers and excessive silt deposi-
tion In the water storage reservoir of the
urban popiilatlon.
b. The destruction of the natural wildlife
habitat and consequent wildlife removal
from the general area.
c. Human over-pollution of the soils and
streams which together with slltatlon from
eroded soils, fouls the mountain streams and
endangers the urban water supply In terms
of both quality and quantity.
d. A marked reduction of the steeper slop-
ing soils' ability to withstand the high in-
tensity summer rain storms leading to flash
floods, mud flows, heavy erosion, etc.
e. A "ripple" effect. In that changes In the
higher elevation and stream ecological bal-
ance will alter and sometimes with disas-
trous results, the lower or downstream soil
and water balance thereby Increasing the
proportional damage inflicted.
f. Other Indications of pollution due to
man's presence, such as fertilizers. Insecti-
cides, oil, gasoline and garbage, become evl-
January 11, 1973
CONGRESSIONAL RECORD — SEN ATE
751
dent in the streams and in the ground water
supply which all result In the lessening of
the water quality .>
beginnings of mountain occtrPATioN in
WEBER COUNTT
Weber County has conmienced to experi-
ence slgnlflcant pressure for large scale
mountain summer home developing In these
watershed mountains, and can foresee the far
reaching and adverse effects on the purity
and quality of the urban populations' water
supplies, the silting up of the stream beds
In their lower courses which give access to
the artesian basin underlying Pine View Res-
ervoir from which Ogden draws Its water
supply, and the pollution Injected into the
underground water flow from Individual
septic tanks In mountain subdivisions ' as
well as other human debris that has an ac-
cumulating pollution effect.
INCREASE IN COUNTY REGULATIONS
In the exercise of the police power vested
in County Oovemment, through zoning and
subdivision regulations, the County Com-
mission has Increased the minimum psircel
size allowable from one acre to ten and forty
acre parcels. In the case of the Middle Fork
Area approximately 80 to 90 percent of the
land is zoned Forest Zone F-40 requiring
forty acre minimum parcels with the re-
mainder requiring ten acre parcels. F\iture
development is subject to the County Sub-
division Regulations which establish stand-
ards and requirements for the provisions of
adequate access, water and sewer.
LIMITATIONS OF COUNTT TO CONTROL
However, even with these comprehensive
requirements, which the County feels repre-
sents the limit of its power to require, con-
siderable development, road construction,
and summer home activity on these 20,000
acres, can take place.
The adopted County Master Plan estab-
lishes the mountain areas as "open green
space" to maintain or enhance the conserva-
tion of this natural and scenic resource, and
to protect the natural streams or water sup-
ply.' The plan does not prevent the use of
these private lands, which consist of {^proxi-
mately 82 percent of the total area in Weber
County; for limited development since the
taking away of development rights can only
be properly accomplished throvigh acquisi-
tion. Therefore, the County is convinced that
adequate and permanent protection of these
vital reserves can only be accomplished
through both public acquisition and man-
agement utilizing accepted techniques.
MIDDLE FORK WATERSHED IMPORTANT
The County also recognizes that while all
of the Ogden River watershed area consisting
of some 200,000 acres deserves protection for
these same reasons. It is not possible to place
In public management this total area. The
Commission does agree, however, that the
Middle Pork drainage Is one of the most im-
portant contributors to the surface and un-
derground water reservoirs in the Ogden Val-
ley. It Is an area owned primarily by six pri-
vate groups. It is still in its pristine state.
Is relatively inaccessible, and a major habitat
for wildlife existing in the area. It is the
considered opinion of these two public
bodies, that It should remain such forever
as a natural preservation to provide protec-
tion to our future generations' vital water
supplies, and also to ensure for ova future
' Probable Effects of Suburbanization of
the Recharge Area of the Pine View Artesian
Aquifer, by E Fred Pashley Jr., Oeology De-
partment and Environmental Studies, Weber
State College, 1972.
•The Bad Effects of Developing Weber
County's Watersheds, by E. Fred Pashley Jr.,
Associate Professor of Geology. Weber State
College, 1972 (See Appendix).
•Physical Development Plan, Weber Coun-
ty, Utah, July 1969, p. 86.
urban population a piece of p>ermanent
mountain open space, uncluttered by man-
made developments. In a state which Ood
made It.
POSITION STATEMENT
Therefore, the V/eber County Commission
on June 17, 1971 in regular session, and the
Weber County Planning Commission at its
meeting of March 23, 1971 passed resolutions
supporting the proposal that the Middle Fork
drainage of the Ogden River be brought un-
der the Jurisdiction of the U.S. Forest Serv-
ice for proper preservation and management
of this vital natural resource in behalf of
the public Interest.
The official actions and recommendations
of these public bodies are therefore sub-
mitted to your Subcommittee for considera-
tion.
Respectfully,
William S. Motes,
Acting Chairman, Weber County Com-
mission.
Ronald R. SMOtrr,
Chairman, Weber County Planning Com-
mission.
Date: July 6, 1972 — Ogden, Utah.
Statement of R. L. Larsen, Citt Manager,
Ogden Citt, Utah
Ogden City is a municipal corporation with
a population of approximately 70,000 people
located In Weber County, Utah.
The principal source of Ogden City's culi-
nary water supply is wells located on the
edge of, or under Pine View Reservoir which
is a reservoir created by a dam constructed
by the Bureau of Reclamation In the Ogden
River about eight miles east of the city.
These wells vary in depth from 200 to 400
feet deep.
During 1971, the city used 17,517 acre feet
of culinary water. Of this amount 10,601 acre
feet or 60.6 percent came from these wells.
An additional source of city water Is water
rights In the Pine View Reservoir Itself. That
water is processed through the city's proc-
essing plant located below Pine View Dam
and then taken into the culinary lines. The
average annual use of water, for the past five
years, from this source. Is 1,700 acre feet or 10
percent of the city's total usage.
In addition to the water actually used
from these sources, Ogden City has addi-
tional water rights which, as future needs
and demands require, will be used. These
total rights are 16,000 acre feet per year
through the wells and 8,200 acre feet per year
through the processing plant. These two
water sources comprise about 67 percent of
the city's water rights and, if preserved and
maintained, will take care of the city's needs
for the foreseeable future.
According to geology reports and engi-
neering studies, the water which Is taken
through the city's wells percolates Into the
underground reservoir from the water which
flows through the South Fork, Middle Fork
and North Fork of the Ogden River, the three
principal streams which feed Pine View Res-
ervoir.
The recharging of that underground reser-
voir from which the city obtains most of its
water is a year around occurrence, not Just
during the high spring runoff through the
streams.
EskCh and all of these streams are critical
not only to the water that is drawn through
the city's wells but also to the water In
Pine View Reservoir.
The city is very concerned about devel-
opment In any of these three canyons. Cer-
tainly, that development at some time will
reach the point that the city's water supply
will be adversely affected by contamination
or by interference with the natural growth
which will seriously change the runoff pat-
terns. The shorter the period of time for
runoff of water from these streams, the less
water percolates Into the city's underground
reservoir and the less there Is available for
the city's wells to produce for the city's
needs. A long year-round runoff increases
the underground supply. Interference with
the foliage and vegetation can severely re-
duce the underground water supply.
The distance between the city's wells and
the prop>osed development In Middle Pork
is from a mile to ten miles.
The city has no evidence of contamination
of its underground wells at this time. How-
ever, the potential problem can be ^-
proached In one of two ways: (1) Walt until
there Is contamination and then try to re-
move It or control It; or (2) Prevent the
threat of contamination now.
The city and its health services feel that
the only safe way to proceed is method two-
Seek to prevent the threat of contamination
now. The acquisition of the lands proposed
to be acquired by the Federal Government by
the BUI here under consideration is criti-
cal to prevent contamination of the city's
water supplies and it will also prevent in-
terference with the runoff patterns so that
the percolation patterns into the under-
ground reservoir wUl not be adversely af-
fected. Such land acquisition will prevent
the contamination now rather than allow
the contamination and then seek to clean
It up.
As to the water In Pine View Reservoir It-
self which is drawn by the city through its
processing plant — This water, to some extent.
Is already prejudiced and exposed to con-
tamination by the residential and other de-
velopments in the Immediate vicinity of Pine
View Reservoir. There are no sanitary sewer
collection or treatment faciUtfes In the entire
valley where that reservoir is located. Either
septic tanks or cesspools are used. This re-
sults In a present contamination, to some ex-
tent of the water In that reservoir. The pres-
ent contamination does not prevent the proc-
essing of the water and Its use through the
city's processing plant, however, the contam-
ination of that reservoir can and will, unless
something is done, reach the point where the
city's processing facilities will not handle
the excess contamination.
Extensive and uncontrolled development in
the Middle Fork area by residential building
will certainly increase the contamination of
the Pine View Dam water. The Bill under
consideration will thus, not only help to pro-
t«ct the city's water supply through its wells,
but will also help to protect the city's water
supply taken through Pine View Reservoir
Itself.
It appears that there are three general ways
activities in Middle Fork which will be detri-
mental to the city's present and future water
supplies can be adequately controlled or
prohibited:
The first way is as proposed In the Bill
here under consideration, that is, the Federal
Government purchase the land and turn It
over to the Forest Service to administer. An-
other theoretical available method is for the
State of Utah. Ogden City or some local
agency to purchase and administer the land
and the third is by the use of zoning ordi-
nances.
Method two. that is, the purchase by Ogden
City or some other local agency while
theoretically possible as a practical matter
is not possible because the city and no other
local agency has the funds or the know how
to properly handle this matter. The amount
of money Involved puts the project totally
beyond the city or any other local agency's
resources.
The use of zoning ordinances Is totally In-
adequate. The owners of the property In-
volved are entitled to either be paid the
reasonable value of their land or they should
have the right to put it to use. For zoning
ordinances to adequately protect this water-
shed, they would have to prohibit practically,
any development of. or use of the land and,
thus would unreasonably interfere with the
private ownership thereof.
Only the acquisition of the land by tb«
752
CONGRESSIONAL RECORD — SENATE
January 11, 1973
Federal Ooverninent will adequately solve
this problem. Sucb acquisition would not
only give the Federal Oovemment ownersblp
and control but, by turning It over to the
Forest Service, It would be properly admin-
istered by an agency who has vast experience
In this field and who Is qualified to carry out
this duty.
Ogden City respect^fuUy urges the Congress
to acquire the 23,000 acres of Middle Fork
land here proposed and put It under the
control of the Forest Service to protect Og-
den City's principal water sources now, rather
than to hazard the contamination of and In.
terference with critical water supplies.
Statemint op Charles Kzllt, REPaEszirr-
XNO, Oreaitb Ogden Chamber or Com-
MEBCE Presentation, Ogden, Utah
tNTRODUCTION
I appreciate this privilege of appearing be-
fore your honorable body to present the
views of the Oreater Ogden Chamber of Com-
merce concerning the Middle Fork Drainage
Area. This organization Is the representative
of all the business community throughout
this County of Weber.
It is our Intention to keep this presenta-
tion factual and to submit all arguments
with proper logic. In accordance with the
policy of the local Chamber. Information
given is on record In previous engineering
and business reports of this area, and based
on personal knowledge acquired through
years of Engineering Practice; and as Pub-
lic Works Director and City Manager of Og-
den City and as an active member of the
Oreater Ogden Chaonber of Commerce and
the Weber County Industrial Development
Commission.
There can be no argument about a large
source of clean potable water being a ne-
cessity for the growth and development of
a Community. Also, that such water must
be made available at the lowest possible coet,
not only for the benefit of the tax paying
residents but to keep community competi-
tive in retaining existing Commerce and In-
dustries and in attracting new Commerce
and Industries.
ARTESIAN RASZN
This area Is somewhat unique In that a
major source of its potable water is derived
from an Artesian Basin located in Ogden
Valley which lies about a miles east of Ogden
City behind the front range of the Wasatch
Moim tains at an elevation about 1.000 ft.
higher than the main valley of the Great
Salt Lake where Ogden City and the main
portion of the populated area of Weber
County is located.
The artesian Basin may be compared to a
large underground reservoir with the imper-
vious mountains as Its sides, aiid a clay cap,
which covers most of the Ogden Valley floor,
as its top. Like any reservoir it must be
continuously recharged with water to replace
that which Is drawn out of It. In this par-
ticular case there are three main sources
of supply from the waters which flow from
the drainage areas of major canyons. These
are the South Fork, North Fork and Middle
Fork
Waters recharging the Artesian Basin enter
It from percolation of surface waters Into
the ground before they reach the clay cap
and from the normal movement of under-
ground waters following the canyons, which
has percolated below the surface further up
the canyons. Such waters would have fairly
rapid movement through the soU because of
the steep grade of the canyons. In a similar
manner to water flowing In a cana^ or pipe.
ooKZSTic trsx
Water from the Artesian Basin has been
obtained for many years by Ogden City
through a series of Wells under existing
Water Rights and Decree for the use of wa-
ters In the Ogden River. There are also other
individual wells In the Valley.
Additional water for Ogden City is obtain-
ed from water stored in the Pine View Res-
ervoir and made potable by passing It through
a water treatment plant. All surface waters
flowing Into the Ogden Valley, which do not
percolate underground, flow into this res-
ervoir.
CONTAUINATED WATER g
Any use of land in the drainage areas
which would cause contamination of the
waters in either the Artesian Basin or Pine
View Dam would create serious problems in
their use as potable waters In the following
manner.
( 1 ) Waters drawn from the artesian basin
would all have to be treated, which would
create a large immediate cost for the treat-
ment plant plus the annual cost, forever, of
the treatment process.
(2) Pine View waters would also require
new and additional treatment costs to elimi-
nate the bacteria that could attack the hu-
man body.
(3) Pine View waters would also become a
health hazard to the thousands of people
who use it for recreational purjKDses each year
under Park Service supervision.
If any doubt this could happen. I point
out the present example of the Ogden City
well field becoming contaminated from
algae. Although not dangerous to health it
is requiring the expenditure of over 2.6 mil-
lion dollars to correct the situation, with
one million provided by the Dept. of HUD.
Bacteria harmful to health in the water sup-
ply could cost a great deal more, would be
a jjermanent hazard once it occurred, and it
could easily happ>en.
AREA CONCERN
As a Chamber of Commerce we Are vitally
concerned about any item which could create
damage to the economy of this area, I
would like to point out some specifics to
show the critical situation business wise of
this area and why we are so concerned.
INDUSTRIAL DEVELOPMENT
Weber County has a population of 128.300
according to the latest census. The State
Employment Security Office in Ogden reports
that on June 1st there were a total of 47,530
persons In the CiviUan Labor Force in Weber
County and of this amount there were 3,01 n
unemployed, which is 6.3% of the total. Thep»
totals do not Include the new graduates frori
College, those from High School who war*,
to Join the labor force or the many married
women who desire employment.
Adding to the problem is a severe im-
balance In total of persons working for the
government as comfjared to private industry.
In recognition of this situation the Chamber
of Commerce and Industrial Bureau recently
'took decisive action to do something to cor-
rect this by sponsoring a campaign to raise
over a million dollars by public donation to
create an Industrial Park.
The public and business men responded
by pledging 1.3 mUlion dollars. The county
has purchased 470 acres of land, and develop-
ment has started. It Is anticipated that
matching funds from the Economic Develop-
ment Authority will be provided in the next
few months to complete its development. The
Industries which locate In this Park wUl
create 6,000-10,000 new Jobs and bring great-
er economic stability to this area.
This entire effort by the citizens of this
Eirea to lift themselves up by their own boot-
straps from the economic famine they are
now in could be badly damaged. If not de-
stroyed by the pollution of our domestic
water supply.
SOMMART
(1) It is critically Important that the
domestic water supply be protected from
contamination of bacteria injurious to
health.
(2) Development of places of residence in
the Middle Fork drainage area without com-
plete sewage treatment to produce an effluent
fit to drink, and proper reservoirs to hcrtd mw
age in the event of mechanical failure would
create a contamination problem. Such sew
age treatment U not feasible at this time for
the planned development from both desien
and financial positions. ^
(3) Excessive use of the Middle Fork Area
could result In sou erosion and contamina-
tion from animals which would effect the
quaUty of the water flowing from this area.
(4) The greater good for the people of the
area would be created by closing the drain-
age areas to residential developments-
through the protection of the water supplier
the savings in water treatment costs of wA-
luted water, and the development and ex-
pansion of Industrial Growth and Commerce
made possible by maintaining an adeqiute
supply of potable water at low cost.
(5) The local governments who are hard
pressed for the flnances to maintain present
services. In spite of levying one of the highest
taxes in the State, have no way to finance the
purchase of this property in the Middle
Fork Drainage Area.
The Greater Ogden Chamber of Commerce
does hereby support the position that the
Middle Fork I>rainage Area be purchased by
the Federal Government to protect this valu-
able watershed, and urges your consideration
and early approval of this matter, as being
in the best interests of the citizens of this
area and the State of Utah and therefore the
United States of America.
Statement of Fred L. Montmorency, Presi-
dent, Weber Countt Watershed Protec-
tion Corp.
The Weber County Watershed Protective
Corporation is a voluntary, non-profit orga-
nization whose officers and directors serve
without monetary compenaation. It was In-
corporated 25 years ago for the principal
purpose of assisting the U.S. Forest Service
In acquiring private lands which had been
badly overgrazed, with resulting erosion and
flooding problems. It has assisted in the
acquisition of approximately 16 sections of
land in Weber County, principally in the
North Fwk area and has cooperated with the
Wellsvllle Mountain Corporation which has
similar objectives In Box Elder and Cache
Counties.
Originally its funds came from public con-
tributions and from Weber Covmty. Land,
which for some reason or other, the PMWt
Service was unable to purchase at a particular
time, was acquired by the corporation and
later sold to the Forest Service. The money
received from the Forest Service was then
used to purchase more land and the process
repeated.
The corporation also was instrumental in
obtaining the passage of public law. 84-781,
in 1956, which appropriated $200,000 for use
by the Cache National Forest for the purchase
of overgrazed land within the forest bound-
aries, providing that equal matching funds
were furnished by the public. The corporation
and the Wellsvllle Mountain Corporation
have furnished such matching funds for the
purchase of large areas of overgrazed land.
In recent years the rapid Increase In the
asking price for mountain grazing lands, due
in part to the potential for mountain home
subdivision, has greatly reduced the ability of
both corporations to assist the Cache Na-
tional Forest In acquiring needed land. The
magnitude of the area Involved in the Middle
Fork of the Ogden River put It far beyond
the financial ability of the corporation to do
anything substantial in assisting the Forest
Service.
When the directors of tbe corpcKUtion be-
came aware last ye«r of the acquisition at
a large area of the upp^- part of the Middle
Fork drainage by a group who were plan-
ning to subdivide It for mountain homes we
became very concerned about the potential
for erosion and for possible pollution of
sources of culinary water supply for Ogden
January 11, 1973
CONGRESSIONAL RECORD — SENATE
753
city in tli« P^« ^^*^ Reservoir area in
Osden VaUey. Ogden City's new wells axe
dSectly opposite the mouth of Middle Fork
tad the charge area would appear to be fed
by it. The history of eroelon and flooding In
Utah has been that the problem has been
aUowcd to develop before anything was done
about It. Here we felt was an opportunity to
prevent the problem from developing. Con-
trol by the Forest Service, who could permit
reasonable grazing and recreaUonal use of
the land, seemed the logical solution.
The directors therefore sent a resolution
to Senators Moss and Bennett and to Con-
gressman McKay requesting a bill author-
)ytng the Cache National Forest to purchase
the land in the Middle Fork drainage which
they did not already control. We appeared
before the Weber County Commission and
the Ogden City Council, explained the situa-
tion and urged that they send similar re-
solutions, which they did. We also arranged
for a field trip with an eminent hydrologist
and a well qualified geologist to get their
opinions. Tentatively they confirmed our
apprehensions.
It is scarcely necessary for us to point out
to Congress how fast and how greatly land,
water and air pollution is threatening our
land. Here is one place where there Is still
time to prevent the damage but It will take
federal authority and funds to do it. Our
directors are aU dedicated citizens who will
work willingly to save our environment, but
none of us are skilled professionals so we
must leave the burden of providing detailed
technical Information to Ogden City and
Weber County who can provide such skills.
Fred L. Montmorency.
S. 303
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That, to
promote in a timely and adequate manner
the protection of the culinary and munici-
pal water supply of Ogden city and other
Weber County areas, the control of floods,
the minimizing of soil erosion and stream
pollution through the maintenance of ade-
quate vegetative cover, and the conserva-
tion of the scenic beauty, wildlife habitat,
and natviral environment of certain non-
federally-owned lands within the Cache Na-
tional Forest in the State of Utah, and to
provide for their management, protection,
and public use and enjoyment as national
forest lands under the provisions of the
Multiple-Use Sustained- Yield Act of 1960
(74 Stat. 215). the Secretary of Agriculture
is authorized and directed to acquire, at not
to exceed the fair market value, as of the
time of such acquisition, as determined by
him after appraisal, such of the non-feder-
ally-owned land not to exceed in the aggre-
gate 23.000 acres. In the area described In
section 2 of this Act as he finds suitable to
accomplish the purposes of this Act.
Sbc. 2. This Act shall be i^pllcable to
lands within the boundary of the Cache
National Forest in the watershed of the
Middle Pork of the Ogden River, being por-
tions of townships 6, 7. and 8 north, ranges
2 and 3 east, Salt Lake base and meridian.
Sec. 3. There is hereby authorized to be
appropriated for the purposes of this Act
not to exceed $3,450,000. to remain available
until expended.
By Mr. ROBERT C. BYRD (for
Mr. Bentsen) (for himself and
Mr, Tower) :
S. 313. A biU to establish the Amistad
Natlcmal Recreation Area in the State of
Texas; and
S.314.A bill to establish the Big
Thicket National Park in Texas. Re-
ferred to the Committee on Interior and
Insular Affairs.
Mr. ROBERT C. BYRD. Mr. President,
on behalf of the distinguished Senator
from Texas (Mr. Bentsen) , I ask unani-
mous consent to introduce two bills, one
dealing with the establishment of the
Big Thicket National Park in Texas, the
other with the establishment of the
Amistad National Recreation Area in the
State of Texas.
I ask that the bills be appropriatelj' re-
ferred, and I ask unanimous consent that
they be printed in the Record and that
statements in cormection with each, by
Mr. Bkntskn. be printed in the Record.
The PRESIDING OFFICER. Without
objection, it is so ordered.
S. 313
A bill to establish the Amistad National
Recreation Area lu the State of Texas
Be it enacted by the Senate arid House
of Representatives of the United States of
America, in Congress assembled. That, In
order to provide for public outdoor recrea-
tion and use and enjoyment of that portion
of the Amistad Reservoir In the United States
on the Rio Grande, Devils, and Pecos Rivers
and surrovmding lands in the SUte of Texas,
and for the conservation of scenic, scientific,
historic, and other values contributing to
public enjoyment of such lands and waters,
there is established the Amisted National
Recreation Area in the State of Texas. The
boundary of the national recreation area
shall be that generally depicted on draw-
ing numbered RA-AMI-20013, dated April
1968. entitled "Proposed Amistad National
Recreation Area, Texas", which is on file and
available for public Inspection In the offices
of the National Park Service, Department of
the Interior. The Secretary of the Interior
may by publication of notice in the Federal
Register make minor adjustments in the
boundary, except that the total acreage of the
area may not be Increased to more than a
total of sixty-five thousand acres.
Sec. 2. (a) Within the boundary of the
Amistad National Recreation Area the Sec-
retary of the Interior may acquire lands and
Interests In lands by donation, purchase with
donated or appropriated funds, or exchange.
Such acquisitions shall be in addition to
lands and Interests therein acquired for the
purposes of the Amistad Dam and Reservoir
as contemplated in the treaty between the
United States and Mexico regarding the utUl-
zatlon of the Colorado, Tijuana, and Rio
Grande Rivers, signed at Washington Feb-
ruary 3, 1944 (59 Stat. 1219) described in
minute numbered 207 adopted June 19, 1958,
by the International Boundary and Water
Commission, United States and Mexico, and
authorized by the Act of July 7, i960 (74 Stat.
360).
(b) In exercising his authority to acquire
property by exchange, the Secretary of the
Interior may accept title to any non-Fed-
eral property within the Amistad National
Recreation Area, and In exchange therefor he
may convey to the grantor of such property
any federally owned property under his Juris-
diction which he classifies as suitable for
exchange or other disposal. The values of the
properties so exchanged either shall be ap-
proximately equEd, or If they are not ap-
proximately equal the values shall be equal-
ized by the payment of cash to the grantor
or to the Secretary as the circumstances re-
quires.
(c) The Commissioner for the United
States. International Boundary and Water
Commission. United States and Mexico, may
on request of the Secretary of the Interior,
act as his agent with respect to the land
acquisition program authorized by subsection
(a) and the Secretary may transfer to the
Commission from time to time the funds
necessary for such purposes.
Sec. 3. (a) The Secretary of the Interior
shall administer the Amistad National Rec-
reation Area in a manner that is coordinated
with the other purposes of the reservoir proj-
ect, and in a manner that in his Judgment
will best provide for public outdoor recrea-
tion benefits and conservation of scenic, sci-
entific, historic, and other values contribut-
ing to public enjoyment.
(bi In the administration of the na-
tional recreation area the Secretary may
utilize the Act of August 25,1916 (39 Stat.
535), as amended and supplemented, and
such other statutory authorities relating to
areas of the national park system and such
statutory authorities otherwise avaUable to
him for the conservation and management of
natural resources as he deems appropriate
for recreation and preservation purposes and
for resource development not mcompatlble
therewith.
(c) Employees of the Department of the
Interior designated for the purpose may
make arrests for violations of any Federal
laws or regulations applicable to the area and
they may bring the accused person before
the nearest United States magistrate. Judge,
or court of the United States.
(d) Any United States magistrate appoint-
ed for the Amistad National Recreation Area
may try and sentence persons committing
minor offenses, as defined in title 18, section
3401(f), United States Code, except that the
magistrate shall apprise the defendant of
his right to elect to be tried in the district
court of the United States, and the magis-
trate may try the case only after the de-
fendant signs a written consent to be tried
before the magistrate. The exercise of addi-
tional functions by the magistrate shall be
consistent with and be carried out in accord-
ance with the authority, laws, and regula-
tions of general application to United States
magistrates. The provisions of title 18, sec-
tion 3402, United States Code, and the rules
of procedure and practice prescribed by the
Supreme Court pursuant thereto, shall apply
to all cases handled by such magistrate.
Chapter 231, title 18, United States Code,
shall be applicable to persons tried by the
magistrate and he shall have power to grant
probation.
Sec. 4. The Secretary of the Interior shall
permit hunting and fishing on the lands and
waters under his Jurisdiction within the na-
tional recreation area in siccordance with
the applicable laws of the State of Texas, ex-
cept that the Secretary may establish periods
when, and designate zones where, no hunt-
ing or fishing shall be permitted for reasons
of public safety, administration, fish or wild-
life management, or public use and enjoy-
ment. Except in emergencies, any regulations
of the Secretary under this section shall be
Issued after consultation with the Park and
Wildlife Commission of the State of Texas.
Sec. 5. Nothing in this Act shall be con-
strued to be in conflict with the commit-
ments or agreements of the United States
with respect to the use, storage, or furnish-
ing of water and the production of hydro-
electric energy made by or in pursuance of
the treaty between the United States of
America and Mexico regarding the utUizatlon
of the Colorado and Tijuana Rivers and of
the Rio Grande, signed at Washington, Feb-
ruary 3, 1944 (59 Stat. 1219), or the Act of
July 7. 1960 (74 Stat. 260).
Sec. 6 There are hereby authorized to be
appropriated not to exceed $1,020,000 for ac-
quisition of land and $18,000,000 for devel-
opment of the area, plus or minus such
amounts, if any, as may be Justified by rea-
son of ordinary fluctuations in construction
costs as Indicated by engineering and cost
indexes applicable to the types of construc-
tion mvolved herein.
Statement By Senator Bentsen
Mr. President, I introduce today a bill to
create the Amistad National Recreation Area
In the State of Texas along our border with
the United States of Mexico.
The purpose of this Receratlonal area will
be to provide for the fullest public recrea-
r54
:lonal us« and enjoyment of the area's land
ind water resources and to conserve Its
ceiilc. historical, and other values which
lontrlbute to this recreational experience.
The Amlstad Receratlonal Area will pre-
I erve for our Nation the plants and animals
I if the historical Chaparral Country of South-
vest Texas, as well as an Intermingling of
pedes from the great Chlhuahuan desert of
Jexlco.
Our good friends and neighbors to the
: Jouth are eager to cooperate in this new In-
ernatlonal effort. This can provide us with
1 mother chance to show the world what two
■/ations can accomplish by working together.
This can be a flrst step of great Importance
o future planning of Joint efforts to make
ife more enjoyable to millions of United
; States and Mexican citizens alike.
Mr. F*resldent. this is not a new Issue, nor
this a new bill. I introduced this bill
! n the last Congress where it received care-
ul consideration and was unanimously
lassed. Unfortunately, the House was not
: ,ble to act on the bill prior to adjournment.
It is my sincere hope that this bill will
( nee again receive quick approval by the
; nterior Committee and the Senate and that
I he House will follow suit so that the Amis-
' ad National Recreation Area may become a
1 eallty.
CONGRESSIONAL RECORD — SENATE
S. 314
Be it enacted by the Senate and House
( / Representatives of the United States of
America in Congress assembled, That in or-
( er to preserve in public ownership an area
I a the State of Texas possessing outstanding
liotanical, zoological, geological, archeologl-
( al. and ecological values, together with rec-
leational. historical, scenic and other natural
1 allies of great significance as free-flowing
■'reams and wildlife habitat, and to provide
1 nr the use and enjoyment of the outdoor
lecreatlon resources thereof by the people
c f the United States, the Secretary of In-
rerior ( hereintif ter referred to as the "Sec-
letary") shall acquire, in accordance with
he provisions of this Act. one hundred thou-
^nd acres of lands and Interests In lands In
ardin. Jasper. Jefferson, Liberty, Orange.
*olk. and Tyler Counties. Texas. Including
the most significant ecological units of the
£ rea and acreage along Important rivers and
s creamways, and shall establish such one
1 undred thousand acres of lands and Inter-
( sts so acquired as the Big Thicket National
fark.
Sec. 2(a) In order to establish the Big
Thicket National Park, the Secretary may
E cqulre land or Interests therein by dona-
tlon. purchase with donated or appropriated
funds, exchange, or in such other manner
£s he deems to be In the public interest.
HTierever feasible, land shall be acquired
I y transfer from other Federal agencies.
Any property, or Interest therein, owned by
tfce State of Texas or political subdivision
t hereof may be acquired only with the con-
qurrence of such owner. '^
b) In order to facilitate the acqllsltlon
df privately owned lands In the park by
« xchange and avoid the payment of severance
costs, the Secretary may acquire land which
1 es adjacent to or in the vicinity of the
fark Land so acquired outside the park
k oundary may be exchanged by the Secretary
n an equal-value basis, subject to such
t ;rms. conditions, and reservations as he
riay deem necessary, for privately owned
1 ind located within the park. The Secretary
r lay accept cash from or pay cash to the
grantor In such exchange in order to equal-
ise the values of the properties exchanged.
Sec. 3. When title to all privately owned
Iknd within the boundary of the park, other
t lan such outstanding Interests, rights, and
eisements as the Secretary determines are
r ot objectionable. Is vested in the United
S tates, notice thereof and notice of the
establishment of the Big Thicket National
Park shall be published In the Federal Reg-
ister. Thereafter, the Secretary may continue
to acquire the remaining land and interests
in land within the boundaries of the park.
Sec. 4. The Big Thicket National Park shall
be administered by the Secretary in accord-
ance with the provisions of the Act of Au-
gxist 25. 1916 (39 Stat. 535; 16 U.S.C. 1-4),
as amended and supplemented.
Sec. 5. There are hereby authorized to be
appropriated such funds as are necessary to
accomplish the purposes of this Act.
Statement by Senator Bentsen
Mr. President, I introduce for appropriate
reference a bill to establish a Big Thicket
National Park In Southeast Texas.
This is the same bill I introduced at the
beginning of the 92d Congress and is a piece
of legislation which has been with us
through four Congresses. I am hopeful It will
be dtirlng this session of the 93d Congress
that this proposal ceases to be a bill and be-
comes Instead the Big Thicket National Park.
Indeed. Mr. President, If the Congress does
not act soon we will find a situation in
which there is not enough of the Thicket
left to be worth saving.
The Big Thicket once was a vast wilder-
ness in East Texas which covered an area
of three million acres of greatly varying
landscape. Now that area Includes but
300,000 acres, and that size decreases dally
due to the Incursions of men upon this land.
Mr. President, there is much talk about
the environment today. The Big Thicket is a
living "environmental laboratory." It is a
place where people can observe many of the
plant and animal communities common to
our continent within a limited area. Within
its diminishing boundaries, the Thicket has
elements common to all areas of the coun-
try, the Everglades, the Appalachian region
and the piedmont forests. This Is why the
phrase "biological crossroads of North Amer-
ica" Is so often used in reference to this
area.
But the Big Thicket Is not simply a pre-
serve; it is also an area which has poten-
tial as a recreation site for tourists who visit
Texas each year, as well as the residents of
nearby metropolitan areas of Dallas and
Houston.
Aside from the abundance of wild animals
and vegetation within the confines of the
present 300, CKX) acres, there are also nimier-
ous connecting waterways, which can serve
as havens for canoe trips and primitive
camping areas.
The Big Thicket Park would serve two Im-
portant functions. It would preserve for our
posterity Important ecological features which
are a treasured part of our heritage and
would allow tourists to benefit from the rec-
reational advantages of the area.
Mr. President, this issue Is not new, but
time has not diminished its critical impor-
tance. If we do not act quickly and decisively,
there is a good chance that we wUl lose this
great American treasure. Time is the crucial
factor. Dally acres of the Big Thicket are
destroyed. Now is the time to take the final
steps to preserve this unique area for our
children.
By Mr. JACKSON (for himself.
Mr. Buckley. Mr. Church. Mr.
Griffin. Mr. Hart, Mr. Chiles,
Mr. Hartke. Mr. Case, Mr.
McGee, Mr. Stevenson. Mr.
Brooke, Mr. Nelson, Mr. Mon-
dale, Mr. Javits, Mr. Proxmire,
Mr. Randolph, Mr. Metcalf,
Mr. Mansfield, and Mr. Scott
of Pennsylvania > :
S. 316. A bill to further the purposes
of the Wilderness Act of 1964 by desig-
nating certain lands for inclusion in the
national wilderness preservation system,
Janimry 11, 1973
and for other purposes. Referred to the
Committee on Interior and Insular Af-
fairs.
DESIGNATING CEBTAIN LANDS FOR INCLUSION D*
THE NATIONAL WILDERNESS PRESERVATION
SYSTEM
Mr. JACKSON. Mr. President, for my-
self and the junior Senator from New
York (Mr. Buckley) and a number of
our colleagues, I introduce an important
bill to further the purposes of the Wil-
derness Act of 1964. This measure, which
is very similar to the bill we introduced
last year, S. 3792, has become widely
known as the "Eastern Wilderness Areas
Act." It is the purpose of this bill to
take a bold and significant new step in
the wilderness preservation program of
the United States, first established by
the Congress in the landmark Wilder-
ness Act 8 years ago.
The purpose is, first, to designate 28
new wilderness areas. These areas, in
16 States, total some 471,186 acres, and
will become units of the national wilder-
ness preservation system, administered
for the benefit of present and future
generations as an enduring resource of
wilderness.
There is also a further purpose be-
hind this bill. As it will be considered by
the Committee on Interior and Insular
Affairs, we will focus on a most serious
question of interpretation involving the
integrity of the Wilderness Act and our
wilderness preservation poUcy. A serious
and fundamental misinterpretation of
the Wilderness Act has recently gained
some credence, thus creating a real
danger to the objective of securing a
truly national wilderness preservation
system. It is my hope to correct this false
so-called "purity theory" which threat-
ens the strength and broad application
of the Wilderness Act.
Those who make this misinterpreta-
tion argue that the Wilderness Act defi-
nition of what is wilderness sets some
kind of narrow, 100 percent "pure" stand-
ard. The basic act is not that strict in
its intent. Congress in its wisdom retaiiis
the authority to designate areas for In-
clusion in the system. During the course
of hearings on this measure, the Senate
Interior and Insular Affairs Committee
will carefully examine the definition and
interpretation of the criteria which de-
termines what lands are suitable for in-
clusion in the national wilderness pre-
servation system. I am confident that
this will serve to clear the air of any mis-
understanding.
The 28 areas making up this bill are
of two kinds. The first 16 areas have been
proposed by groups of citizens and con-
servationists. The remaining 12 areas de-
rive from a listing which the U.S. For-
est Service has made available to the
Congress. I distinguish this second group
of 12 Forest Service areas from the
others for this reason: The Forest Serv-
ice has asserted to the Congress that
each of these areas Is not qualified to be
designated wilderness under the terms
of the Wilderness Act. While the Forest
Service hsis apparently studied these
areas In a general way, they have not, for
the most part, given the public the kind of
detailed information and formal oppor-
timities for participation as are involved
Jamiary 11, 1973
CONGRESSIONAL RECORD — SEN ATE
755
in the procedures for studying potential
wilderness areas.
In mid-1971, the heads of the two re
and dated January 1973. which shall be
known as the "Caribou -Speckled Movintaln
Wllderi.ess";
(7) certain lands in the Mark Twain Na-
(e) the Wilderness Act established that an
area Is qualified and suitable for designa-
tion as wUdemess which (1), though man's
works may have been present in the past,
gions of the Forest Service which em- j^^ ^j^^ qj ^^y ^^ g^ restored by natural tlonal Forest, Missouri, which comprise about
brace the East, South, and Midwest sub- influences as to generally appear to have seventeen thousand eight hundred and eighty
mirti>d a joint report to the Chief of the been affected pmnarlly by the forces of na- acres and which are generally depicted on a
Fnrpst Service The report stated: ture. with the imprint of man's work sub- n,.vn ^nt,M«rf •iri^h wiirtPrnPs.^Prono««i •
The criteria for adding wUderness to the stantially unnotlceable (2) which may en-
NaTfon^WUdernessPre^rvatlon System do compass within its boundaries greater or
National """^* «=,,„*>, and FMt lesser areas of private or other non-federal
not fit conditions In the South and East. ^^^^ ^^^ ^^^i^ ^^ interests therein, and
I remind my colleagues again that a (3) which may, upon designation as wUder-
rentral purpose of the Wilderness Act of ness, .contain certain pre-existing noncon-
1964 was to reserve to the Congress the forming uses, improvements, structures
iao» was '^"=^ . . v^^^ or installations; and the Congress has re-
authonty for determinmg what areas ^^^^^ ^^ established policies in the
could be designated as wilderness. It Is s^j^sequent designation of additional areas,
not up to an administrative agency to exercising its sole authority to determine the National Forest.New Hampshire, which com
make this decision as seems to be the sultabUlty of such areas for designation as prise about thirty-four thousand acres and
case here wUdemess; *'*»'* ^^ generally depicted on a map en-
Mr President this bill wiU find a place (f ) in certain areas of the National For- "tied "Dry River-Rocky Branch WUderness—
on^e priorTtriisTS envi;^^ est System in the eastern haU of the United Proposed" and dated January 1973. which
uu uxic t-wu J states which are suitable for designation as
wilderness there Is an urgent need to ac-
quire non-Pederal lands and waters, or In-
. terests therein. In order to assure the proper
Our objective is to preserve a decent preservation and management of such areas comprise about twenty-four thousand acres
sampling of wilderness for ourselves and as wUderness; and ^«^ *'^*<=^ "« generally depicted on a map
for those who come after us. The original (g) therefore, the Congress ftirther finds
Wilderness Act called for the creation and declares that it is m the national in-
of a national wilderness preservation terest that these areas and slmUar suitable
oi a uoLiuii«*i fi,;^ Kill ,THn on areas be promptly designated as wilderness
system and passage of this bm will go J^^^^ ^P ^J^J^ wudwness Preservation
far toward the realization of that goal, g^^^ ^ ^Tder to preserve such areas as
Mr. President, I ask unanimous con- ^ enduring resource of wUdemess which
sent that the text of the bill be printed shall be managed to promote, perpetuate,
in the Record at this point. and, where necessary, restore the wUderness
There being no objection, the bill was character of the land and its specific values
ordered to be printed in the Record, as of solitude, physical and mental chaUenge,
f UnyuK- scientific study, inspiration, and primitive
loiiows. recreation for the benefit of aU of the Amer-
^ „ . lean people of present and future genera-
Be it enacted by the Senate and House of ^long
RevresentativeS of the United States of
nc/j/coc k ui <i 7 DESIGNATION OF WILDERNESS AREAS
islatlon in the 93d Congress. It has wide
public support as does the wilderness pro-
gram as a whole.
map entitled "Irish WUderness — Proposed"
and dated June 1972. which shaU be known
as the "Irish Wilderness";
(8) certain lands in the White Mountain
National Forest, New Hampshire, which com-
prise about twenty thousand acres and which
are generally depicted on a map entitled
"Wild River Wilderness — Pro{)osed" and dated
January 1973, which shaU be known as the
"Wild River WUderness";
(9) certain lands In the White Mountain
shall be known as the "Dry River-Rocky
Branch Wilderness";
(10) certain lands In the White Mountain
National Forest. New Hampshire, which
America in Congress assembled,
STATEMENT OF FINDINGS
Section 1. The Congress finds that —
(a) In the vicinity of major population
centers and in the more populoxis eastern
half of the United States there Is an urgent
need to Identify, designate, and preserve areas
of wilderness by Including suitable lands
within the national wilderness preservation
system;
(b) In recognition of this urgent need,
certain suitable lands In the national forest
system In the eastern half of the United
States were designated by the Congress as
wUderness In the WUderness Act of 1964 (78
SUt. 890); certain suitable lands in the na-
tional wUdllfe refuge system In the eastern
half of the United States have been desig-
nated by the Congress as wilderness or rec-
ommended by i,he President for such desig-
nation; and certain suitable lands In the na-
'tlonal park system In the eastern half of the
United States have been recommended by
the President for designation as wilder-
ness:
(c) there exist In the national forest sys-
tem In the vicinity of major population cen-
ters and In the eastern half of the United
States additional areas of undeveloped land
which meet the definition of wUderness in
section 2(c) of the Wilderness Act but which
are not required by that Act to be reviewed
as to their suitability for preservation as
wilderness and have not been so reviewed,
systematically and with full public participa-
tion, by the Secretary of Agriculture acting
on his own initiative;
(d) these and other lands In the United
States which are suitable for designation as
wUdemess are Increasingly threatened by
the pressures of a growing and concentrated
population, expanding settlement, spread-
ing mechanization, and development and
uses Inconsistent with the protection, main-
tenance and enhancement of their wUder-
ness character;
Sec. 2. (a) In furtherance of the provi-
sions of the WUdemess Act, the following
lands are hereby designated as wUderness:
( 1 ) certain lands in the Bankhead Na-
tional Forest, Alabama, which comprise
about twelve thousand acres and which are
generally depicted on a map entitled "Slp-
sey Wilderness — Proposed" and dated AprU
1971. which shall be known as the "Slpsey
Wilderness";
(2) certain lauds in the Ouachita National
Forest. Arkansas, which comprise about four-
teen thousand four hundred and thirty-
three acres and which are generally depicted
on a map entitled "Caney Creek Wilder-
ness— Proposed" and dated December 1972.
which shall be knoA-n as the "Caney Creek
Wilderness";
(3) certain lands in the Ozark National
Forest. Arkansas, which comprise about ten
thousand five hundred and ninety acres and
which are genrally depicted on a map en-
titled "Upper Buffalo Wilderness — Proposed"
and dated November 1972. which shall be
known as the "Upper Buffalo Wilderness";
(4) certain lands in the Appalachicola Na-
tional Forest, Florida, which comprise about
twenty-four thousand five hundred and
twelve acres and which are generally de-
picted on a map entitled "BradweU Bay
Wllder;iess — Proposed" and dated Septem-
ber 1972. which shall be known as the
"BradweU Bay Wilderness";
(5) certain lands in the Chattahooche and
Cherokee National Forests. Georgia and
Tennessee, which comprise about sixty-one
thousand five hundred acres and which
are generally depicted on a map entitled "Co-
hutta Wild-rness — Proposed" and dated De-
cember 1972, which shall be known as the
"Cohutta WUderness";
(6) certain lands in the White Mountain
National Forest. Maine, which comprise about
twelve thousand acres and which are gen-
erally depicted on a map entitled "Caribou-
Speckled Mountain WUderness — Proposed"
entitled "Kilkenny Wilderness — Proposed"
and dated January 1973, which shall be
known as the "Kilkenny Wilderness";
(11) certain lands in the White Mountain
National Forest. New Hampshire, which com-
prise about ten thousand acres and which
are generaUy depicted on a map entitled
"Carr Mountain Wilderness — Proposed" and
dated January 1973, which shall be known
as the "Carr Mountain WUderness";
( 12) certain lands In the Nantahala and
Cherokee National Forests, North Carolina
and Tennessee, which comprise at>out thirty
two thousand five hundred acres and which
are generally depicted on a map entitled
"Joyce Kilmer WUderness — Proposed" and
dated June 1972. which shall be known as
the "Joyce Kllmer-Slickrock Wilderness":
(13) certain lands In the Monongahela
National Forest. West Virginia, which com-
prise about thirty-six thousand three hun-
dred acres and which are generally depicted
on a map entitled "Cranberry WUdemess —
Proposed" and dated 1967, which shall be
known as the "Cranberry Wilderness";
(14) certain lands in the Monongahela
National Forest, West Virginia, which com-
prise about twenty thousand acres and which
are generally depicted on a m^ entitled
"Otter Creek Wilderness — Proposed" and
dat«l 1967 and revised August 1971. which
ShaU be known as the "Otter Creek Wilder-
ness";
(15) certain lands In the Monongahela
National Forest. West Virginia, which com-
prise about ten thousand two hundred and
fifteen acres and which are generally de-
picted on a map entitled "Dolly Sods Wilder-
ness— Proposed" and dated 1967. which shall
be known as the "Dolly Sods WUderness";
(16) certain lands in the George Washing-
ton National Forest, Virginia and West Vir-
ginia, and the Monongahela National Forest,
West Virginia, which comprise about eleven
thovisand six hundred and fifty-six acres and
which are generally depicted on a map en-
titled "Laurel Fork WUdemess — PYoposed"
and dated December 1972. which shall be
known as the "Laurel Fork Wilderness":
(17) certain lands in the Jefferson Na-
tional Forest. Virginia, which comprise
about eight thousand eight hundred acres
and which are generally depicted on a map
entitled "James River Face" and dated Jan-
uary 1973, which shall be known as the
"James River Face Wilderness";
(18) certain lands in the Cherokee Na-
tional Forest, Tennessee, which comprise
about one thousand one hundred acres and
which sire generally depicted on a man en-
titled "Gee Creek" and dated January- 1973.
which ShaU be known as the "Gee Creek
WUdemess";
756
CONGRESSIONAL RECORD — SENATE
(19) certain lands In the George Wash-
ington National Forest, Virginia, which com-
prise about six thousand seven hundred acres
and which are generally depicted on a map
entitled "Ramsey's Draft" and dated Janu-
ary 1973, which shall be kmown as the "Ram-
sey's Draft Wilderness";
(20) certain lands In the Daniel Boone
National Pcrest. Kentucky, which comprise
about five thousand five hundred acres and
which are generally depicted on a map en-
titled "Beaver Creek" and dated January
1973. which shall be known as the "Beaver
Creek Wilderness":
(21) certain lands In the Sumter National
Forest, South Carolina, which comprise about
three thousand six hundred acres and which
are generally depicted on a map entitled
"EUlcott's Rock" and dated January 1973.
which shall be known as the "EUlcott's Rock
Wilderness":
(22) certain lands in the Green Mountain
National Forest, Vermont, which comprise
about nine thousand one hundred acres and
which are generally depicted on a map en-
titled "Lye Brook" and dated Janusj^ 1973,
which shall be known as the "Lye Brook
Wilderness":
(23) certain lands In the Green Mountain
National Forest, Vermont, which comprise
about four thousand nine hundred acres and
which are generally depicted on a map en-
titled 'Bristol Cliffs " and dated January 1973.
which shall be known as the "Bristol Cliffs
Wilderness":
(24) certain lands In the Chequamegon
National Forest, Wisconsin, which comprise
about six thousand six hundred acres and
which are generally depicted on a map en-
titled "Ralnt>ow Lake" and dated January
1973, which shall be known as the "Rainbow
Lake Wilderness":
(25) certain lands In the White Mountain
National Forest. New Hampshire, which com-
prise about 47,300 acres and which are gen-
erally depicted on a map entitled "Presi-
dential Range" and dated January 1973.
which shall be known as the "Presidential
Range WUdemeas":
(28) certain lands in the Clark National
Forest. Mls80\irl, which comprise about three
thousand acres and which are generally de-
picted on a map entitled "Rockplle Moun-
tain" and dated January 1973, which shall
be known as the "Rockplle Mountain Wild-
erness":
(27) certain lands in the Hiawatha Na-
tional Forest, Michigan, which comprise
about six thousand six hundred acres and
which are generally depicted on a map en-
titled "Big Island Lake" and dated January
1973, which -^^all be known as the "Big
Island Lake WUdemess": and
(28) certain lands In the Mark Twain Na-
tional Forest, Missouri, which comprise about
sixteen thousand tour hundred acres and
which are generally depicted on a map en-
titled "Hercules Area" and dated January
1973, which shall be known as the "Glades
Wilderness."
(b) The maps referenced in this section
shall be on file and available for public in-
spection in the office of the Chief of the
Forest Service, Department of Agriculture.
Fn.INC or MAPS AND DESCaiPTIONS
Sxc. 3. As soon as practicable after this
\ct takes effect, a map and a legal descrip-
tion of each wilderness area shall be filed
ivith the Interior and Insxilar Affairs Com-
nlttees of the United States Senate and
Souse of Representatives, and such maps
md descriptions shall have the same force
ind effect as If included In this Act: Pro-
vided, however. That correction of clerical
uid typographical errors In such legal de-
icrlptlon and map may be made.
MAMAGEMEMT OF AXEAS
Sec. 4. (a) Except as otherwise provided
>y this section, the wilderness areas desig-
nated by this Act shall be administered by
he Secretary of Agriculture in accordance
with the provisions of the Wilderness Act
governing areas designated by that Act as
wUdemess areas, except that any reference
in such provisions to the effective date of the
Wilderness Act shall be deemed to be a refer-
ence to the effective date of this Act.
(b) Notwithstanding the provisions of sec.
tlon 4(d)(2) of the WUdemess Act and
subject to valid existing rights, federally
owned lands within areas designated as wU-
demess by this Act or hereafter acquired
within the boundaries of such areas are
hereby withdrawn from all forms of appro-
priation under the mining laws, an* from
disposition under all laws pertaining to mln-
erail leasing and all amendments thereto.
(c)(1) Notwithstanding the provisions of
section 5 of the WUdemess Act, within areas
designated as wilderness by this Act the Sec-
retary of Agriculture may acquire by pur-
chase with donated or appropriated funds, by
gift, exchange, condemnation, or otherwise,
such lands, waters, or interests therein as he
determines necessary or desirable for the pur-
pose of this Act and the Wilderness Act.
(2) In exercising the exchange authority
granted by paragraph (1) of this subsection,
the Secretary may accept title to non-Federal
property for federally owned projjerty located
in the same State, of substantially equal
value, or if not of substantlaUy equal value,
the value shall be equalized by the payment
of money to the grantor or to the Secretary
as the circumstances require.
(d) Nothing in this Act shall be construed
as affecting the Jurisdiction or responsibilities
of the several States with respect to wildlife
and flsh in the national forests.
AUTHORIZATION OF APPROPRIATIONS
Sec. 5. There are hereby authorized to be
appropriated such sums as may be necessary
to carry out the provisions of this Act.
THE EASTERN WILDERNESS AREAS ACT
Mr. BUCKLEY. I am again pleased
to join my distinguislied colleague, the
chairman of the Comn ittee on Interior
and Insular Affairs, in sponsoring impor-
tant legislation to further the purposes
of the Wilderness Act of 1964. We are
today reintroducing, in elaborated form,
the bUl we jointly sponsored last session
as the Eastern Wilderness Areas Act.
As a Senator from a very large, popu-
lous eastern State. I am particularly
aware of the importance our people at-
tach to wilderness areas. As the pres-
sures and pace of urban living intensify,
and as more and more people discover
the subtler, quieter, perhaps richer
pleasures of solitude in wild country, the
demand for this kind of primitive, un-
encumbered, nonautomated outdoor rec-
reation is certainly increased. At the
same time, the benefits of the American
wilderness resource do not extend solely
to those who have the firsthand ex-
perience of a trip through a wilderness
area. Millions view these areas of un-
developed, preserved land from the edges,
probing with their minds and senses the
vastness of the wild landscape. Others
cherish the wilderness we are preserving
for the inner perspective they find in
simply knowing it is there, as an sinchor
to windward. The novelist, Wallace
Stegner, has expressed this notion
eloquently :
The reminder and the reassurance that it
Is stUl there Is good for our spiritual health
even, if we never once In ten years set foot
in It. It Is good for us when we are young,
because of the Incomparable sanity it can
bring briefly, as vacation and rest, into our
lives. It Is impKirtant to us when we are
old simply because it is there — Important,
that Is, simply as an Idea.
January ll^ 1973
We simply need that wild country avaUabi.
to us, even If we never do more than drtve to
Its edge and look In. Ftor it can ^^^
Of reassuring ourselves of our sanity as^tr
tures. a part of the geography of hop"
In the same vein. John Stuart Mill
caught the idea as weU as anyone-
A world from which solitude Is extirpated
is a very poor Ideal ... Nor is there muTh
satisfaction In contemplating the world with
nothing left of the spontaneous actlvitT^
nature. '
No doubt because most of the areas
originally set aside for protection under
the 1964 Wilderness Act are locatS to
the W^tem United States, and because
most of the other areas now being for-
mally studied under that act for wilder-
ness suitability are also in the West it
may come as a surprise to some to dis-
cover that we have, in the eastern half
of the country, an opportunity to identify
and preserve a number of areas which
are suitable for inclusion within the na-
tional wUdemess preservation system
The point of introducing the Eastern
Wilderness Areas Act today is to demon-
strate that we can have a system of
wilderness areas nationwide, not merely
regional, in scope, representative of the
diversity of our land, of its flora and
fauna, and history.
The Wilderness Act gives us this op-
portunity in its practical program for
identifying and preserving areas of all
vaneties. As Aldo Leopold, who pioneered
the setting aside of wilderness areas ex-
pressed it:
In any practical program the unit areas to
be preserved must vary greatly in size and
degree of wlldness.
This practical approach, as Senatoi
Jackson has said, is exactly what the
authors of the Wilderness Act intended.
The distortion of this approach by efforts
to straitjacket the Wilderness Act into
some kind of "purer-than-drlven-snow"
standard has no merit at all.
In the late 1950's, during the time the
Wilderness Act was under consideration
in Congress, the congressionally estab-
lished Outdoor Recreation Resources
Review Commission thoroughly studied
the demands we face for all varieties of
recreational pursuits, and began the
process of trying to meet those demands.
As a part of the studies which went into
the final report of that Commission, a
special study was made of wilderness
resources and wilderness recreation. That
study was contracted to the Wildlands
Research Center, and included a begin-
ning inventory of potential wilderness
areas. In deciding how to define wilder-
ness for the purposes of that Inventory,
the investigators wrestled with a number
of problems — among them what to do
about roads, and what to do about once-
disturbed lands among them.
On the subject of past human Impact
on candidate wilderness areas, the
ORRRC Investigators point out the prac-
tical situation in the eastern half of the
country:
The 98th meridian separates two very dif-
ferent climatic and geologic regimes, re-
flected In different biological conditions and,
consequently, different technological devel-
opment. All of these factors are pertinent to
present land conditions. It must be recog-
nized that there Is no slgnlflcant area of land
January 11, 1973
CONGRESSIONAL RECORD — SEN ATE
757
within the continental United States which
liM not at some time been put to a utUlta-
rt»n use by men of European stock. Except
in a very few places In the northern Rockies,
aU western lands have been heavUy grazed
by sheep and cattle: mining and prospecting
have been widespread. As these uses with-
draw, some of the land Is gradually reverting
to a natural appearance. The definition ac-
ceptt early logging in the East for the same
reason that it accepts grazing In the West —
because logging has occurred nearly every-
where In the region. But also, early forms of
eastern logging took place In winter; the logs
were skidded on ice and usually transported
by raU or water, resulting in less damage to
forest sites than occurs in western summer
logging with heavy machinery. Thirdly, east-
em forest species regenerate more rapidly
and with greater stand density than western
species. Fire from natural and aboriginal
causes is widely recognized as an Integral
part of certain ecosystems, though Its effects
are often indirect and hard to identify. Sup-
pression of fire has had an important on-site
effect on natural conditions, but if its effects
were not acceptable In the definition there
would be no wUdemess tracts to inventory.
Mr. President. I cite these conclusions
of the ORRRC study on wilderness be-
cause they exemplify a thoughtful, de-
liberate and sensible standard for wilder-
ness assessment. Of course, we begin
from the ideal, just as the Wilderness
Act does. But. if we are to have a na-
tional system of wilderness areas, as the
drafters of the Wilderness Act obviously
intended, less than pristine standards
would be necessary for practical applica-
tion. As a basis for public policy I believe
it would be a mistake to assume that the
Wilderness Act can have no application
to once-disturbed areas.
In this regard, I trust we will continue
to have an ally in the President of the
United States, who argued for a practi-
cal and balanced approach to a national
wilderness preservation policy in his
1972 environmental message. Upon
transmitting to Congress 18 new wilder-
ness proposals President Nixon stated:
Unfortunately, few of these wUdemess
areas are within easy access of the most popu-
lous areas of the United States. The major
purpose of my Legacy of Parks program is
to bring recreation opportunities closer to
the people, and while wUdemess Is only one
such opportunity, it is a very important one.
A few of the areas proposed today or pre-
viously are in the eastern sections of the
' country, but the great majority of wUderness
areas are found in the West. This of covirse
is where most of our pristine wUd areas are.
But a greater effort can stUl be made to see
that wilderness recreation values are pre-
served to the maximum extent possible, in
the regions where most of our people live.
The bill we are introducing today
represents such a "greater effort." par-
ticularly on the part of citizen groups
throughout the East, South, and Mid-
west.
The first 16 proposed areas in our bill
reflect the work and dedication of local
groups and teams of people in each area.
the balance, taken from a Forest Service
listing, requires further examination.
This is one of the most wholesome ele-
ments of the wilderness program — ^Its
strong reliance on the involvement and
recommendations of those who have the
most intimate knowledge of the areas se-
lected for protection.
Mr. President, unlike a number of co-
sponsors of the Eastern Wilderness Areas
Act. I was not a Member of Congress
when the Wilderness Act was passed In
1964. but I have observed with satisfac-
tion the progress made under that act by
the Forest Service and the Department of
the Interior. I sun privileged to sponsor
the Eastern Wilderness Areas Act at this
time, because I have also observed that
further legislation is needed to realize
the still great potential of the national
wilderness preservation system. I would
be loathe to see the strength and momen-
tum of the development of this system
drained by the creation at this time of a
competing system. Yet just such a com-
peting system was proposed by the U.S.
Forest Service in response to the direc-
tion of the President to accelerate the
identification of areas in the Eastern
United States having wilderness poten-
tial. That is, instead of identifying po-
tential eastern wilderness areas the For-
est Service sought an alternative system.
This was based on what I believe is a
false premise; namely, that —
There are simply no suitable remaining
candidate areas for wilderness classification
in this (east of the lOOth meridian) part of
the national forest system.
To my mind the Wilderness Act has
been misinterpreted by those who insist
that most natural eastern areas do not
qualify, because at one time in the past
they had been logged or cultivated or
mined. The Wilderness Act defines a
wilderness as an "area where the earth
and its community of life are untram-
meled by man." I take this to mean that
the primitive area in question will re-
main untrammeled and undisturbed by
man's activities in the future. If an area
has recovered from man's past activities
and nature's heaUng processes have re-
stored its character, so that it is impos-
sible to distinguish it from a pristine
area. I beUeve it is fully consistent with
the intent of the Wilderness Act to in-
clude the area in the national wilderness
preservation system.
By Mr. ALLEN (for himself and
Mr. Sparkman) :
S. 317. A bill tc provide for the set-
tlement of claims resulting from partic-
ipation in a Public Health Service study
to determine the consequences of un-
treated syphilis. Referred to the Commit-
tee on the Judiciary.
Mr. ALLEN. Mr. President, I introduce
on behalf of my distingmshed senior col-
league (Mr. Sparkman) and myself a bill
to compensate certain individuals for
physical and mental damages sustained
as a result of their participation in a
continuing experiment conducted by the
Public Health Service in Macon County,
Ala., which began in 1932. The purpose of
the experiment was to determine the
mental and physical consequences of un-
treated syphilis. The participants in the
experiment were not informed of the
nature of thetr affliction or of the poten-
tially deadly consequences which would
likely result from their participation.
Mr. President, this is the Identical bill
which Mr. Sparkman and I introduced on
Wednesday, August 9, 1972. Some of the
compelling reasons for introducing the
bill are set out in the Congressional Rec-
ord. My continuing feeling of concern is
indicated by statements and colloquies
which appeared in the Congressional
Record on July 26, August 1, August 9,
and August 17, 1972.
Mr. President. I am glad to say that
shortly after knowledge of this experi-
ment was made public, a citizens advi-
sory panel, designated the Tuskegee
Syphilis Study Ad Hoc Advisory Panel,
was appointed by the Department of
Health, Education, and Welfare to for-
mulate recommendations concerning the
experiment. On October 25, 1972, the
panel recommended termination of the
experiment in this language:
The study of untreated syphilis in black
males in Macon County. Alabama, now
known as the "Tuskegee SyphUls Btudy,"
should be terminated Immediately.
It was also recommended that the
participants involved be given the medi-
cal care required to treat disabilities re-
sulting from their participation. These
two recommendations were implemented
immediately.
Mr. President, all of the recommenda-
tions made by the panel demonstrate
an ethical responsibility to provide com-
pensation for physical disabilities at-
tributable to participation in the experi-
ment. I urge Members of the Senate to
carefully evaluate these recommenda-
tions and I request unanimous consent
that a copy of the "Initial Recom-
mendation of the Tuskegee Syphilis
Study Ad Hoc Advisory Panel' dated
October 25, 1972, be printed in the Con-
GRE-SSIONAL RECORD.
There being no objection, the recom-
mendation was ordered to be printed in
the Record, as follows:
INTTIAI. RECOMMENDATION OF THE TtTSKEGEE
SYPHILIS STT7DT AD HOC ADVISORY PANEL
The Charter of the Tuskegee SyphUls Study
Ad Hoc Advisory Panel, Issued on August 28.
1972. mandates advice on three specific as-
pects of the study of untreated syphUls
Initiated by the Public Health Service in
1932. Item two of the three charges requires
the Panel to:
"Recommend whether the study should be
continued at this point In time, and If not,
how It should be terminated in a way con-
sistent with the rights and health needs of
Its remaining participants."
Initially, the Panel has limited Its delibera-
tions and recommendations exclusively to
this charge, and the recommendations con-
tained in this report are Intended to respond
solely to this specific Issue.
In determining our initial reconmienda-
tions. the Panel has made Inquiries which
have led us to accept certain evidence out-
lined here. Though our research on the back-
ground and conduct of the Tuskegee SyphUU
Study has not been completed, the Panel Is
satisfied that in the light of Its preliminary
findings, which wUl be fully documented at
a later date, the recommendations set forth
below are fully Justified.
BACKGROUND
Since 1932, under the leadership, direction,
and guidance of the VS. Public Health
Service, there has been a continuing study,
centered In Macon County, Ala., of the effect
of untreated syphUltlc infection In approxi-
mately 400 Black male human beings pre-
viously infected with syphUls as subjects. In
the pursuit of this study approximately 200
Black male human beings without syphUls
were followed as controls. No convincing evi-
dence has been presented to this Panel that
participants In this study were adequately
Informed about the nature of the experiment,
either at its inception or subsequently.
'58
ti
a
to
CONGRESSIONAL RECORD — SENATE
The United States Public Health Service
om the onset of the study has maintained
continuous policy of withholding treatment
syphilis from the Infected subjects. There
common medical knowledge, before this
,y, that untreated sjTJhllltlc Infection
uces disability and premature mortality.
date. Including its earliest reports, this
s^udy has confirmed that untreated syphlllt-
Uifectlon produces disability and prema-
■e mortality. Since the later 1940's numer-
s medical authorities have recommended
treatment for syphilis with penicillin In all
of the disease. Including late latent
Ills and tertiary syphUls,
A technical and medical advisory panel
•ened In 1969 by the United States Public
;th Service Is reporjtd to have recom-
r tended, with some amhfculty, that the par-
iclpanta surviving at ^t time should not
treated. It Is estlmat* that approximately
of the participants, Including 50 of the
:rols. are still alive: and the current
htalth status of the participants In the Tus-
:e study Is not known,
RECOMKKND ATIO NS
/. Termination
The study of untreated syphUls In Black
ales In Macon County, Alabama, now
lown as the "Tuskegee SyphUls Study,"
should be terminated Immediately. With this
basic recommendation, the participants
volved In this study are to be given the
re now required to treat any disabilities
r^ultlng from their participation. In fur-
erance of this goal we recommend :
A. That Select Specialists Group, com-
sed of competent doctors and other ap-
propriate persons, with experience la the
pi oblems arising from this study, be ap-
pointed by the Assistant Secretary for Health
Scientific Affairs, DHEW, no later than
!n days after the adoption of these rec-
oi amendatlons.
B. That the members of the Select Spe-
lillsts Group have had no prior Involvement
- the Tuskegee SyphUls Study.
C. That the Select Specialists Group be
aposed of. but not necessarUy be limited
a dermatologist with experience In syphl-
lofogy who will serve as Chairman, two in-
s (at least one of whom shall be a
csrdlologlst), a radiologist, a neurologist, an
oj hthalmologlst. a psychiatrist, a doctor of
-'•'ntal surgery, and a social worker,
D. That the Select Specialists Group be
•-•y charged to apply its expert diagnostic
therapeutic skUls In order to safeguard
best Interests of the participants and of
^ers who may have been infected as a
'it of the withholding of treatment from
participants.
E. That the Select Specialists Group be
( sted with the full legally permissible medi-
' authority, medical supervision and medl-
Judgment with regard to the treatment
referral of all of the surviving participants
d others within and outside Macon Coun-
who may be identified, in cooperation with
- appropriate medical societies and Health
artments.
t". That the Public Health Service Imme-
diately inform aU surviving participants of
nature of their participation In the study
the desire of the Piiblic Health Service
assess their current health status.
O. That the members of the "Subcommlt-
on Medical Care" of the Tuskegee SyphUls
dy Ad Hoc Panel be ex-offlclo members
the Select Specialists Group to function
pipmarUy as liaison betw een the Select Spe-
Group and the entire Panel
H. That on completion of Its charge, the
Specialists Group submit a detailed
about its activities to the Tuskegee
SfehUls Study Ad Hoc Advisory Panel
through Its Chairman. This report shaU In-
cliide. but by no means be limited to, the
ns for administering or withholding
P€(nlclllln and other drug treatment for syph-
from untreated participants who are In-
fected with syphUls.
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I. That the highest priorities be given to
this mission so that the charge to the Select
Specialists Group shaU be completed at the
earliest possible date consistent with the^
best lnt^^ests of the participants and the
ethnical responslbUltles of the Department
of Health, Education, and Welfare.
II. Assessment, treatment, and care
A. That arrangements be made with all
speed for the immediate health assessment,
treatment and care of all persons Included
In the study In a suitably adequate facility
easily accessible to the surviving participants.
That whenever a participant expresses the
wish to be cared for or treated by physicians
of his own choice, such choices be respected
and given all necessary support.
B. That every effort be made to preserve
confidentiality with respect to the Identifica-
tion of any participant.
C. That the United States Public Health
Services epidemiologists be mobilized, on a
highest priority basis, to assist In locating all
surviving partlcpants as well as others who
may have been Infected as a result of the
withholding of treatment from the partici-
pants.
III. Encouragement of participation
A. That adequate arrangements be pro-
vided for maintaining present standards of
living during the evaluation and treatment
periods in order to minimize anv economic
barriers to the cooperation of the partici-
pants.
B. That at a minimum, any benefits which
have been promised to the participants in the
past continue to remain In effect.
Respectfully submitted.
Broadus N. Butler, Ph. D . Fred Speak-
er, Ronald H. Brown. Barney H. Weeks,
Jeanne C. Sinkford, D.D.S.. Ph. D.. Jean
L. Harris. M.D., Vernal Cave. M.D., Jay
Katz. MX)., Seward HUtner. Ph. D. DX>.
Mr. ALLEN. Mr, President, the ad hoc
advisory panel is headed by Dr. Broadus
N. Butler, chairman. On November 30,
1972. the panel provided additional rec-
ommendations. This last report Indicates
that progress is being made toward ac-
quiring additional information and in the
preparation of docimients. The tenure of
the commission has been extended to
March 31, 1973. Mr. President, I ask
unanimous consent that a summary
statement concerning the ad hoc advisory
panel meeting of November 30, 1972, be
printed in the Record.
There being no objection, the state-
ment was ordered to be printed in the
Record, as follows:
TUSKIGEE Stphilis Sttjdt Ad Hoc Advtsohy
Panel
(Summary statement on meeting of No-
vember 30, 1972)
At the fourth Tuskegee SyphUls Study Ad
Hoc Advisory Panel meeting on November 30.
1972, Departmental plans for Implementa-
tion of the Panel's Initial recommendations
were reviewed. Subcommittee progress re-
ports on Panel Charges One and Three were
given with plans for undertaking further
Information gathering and preparing Sub-
committee documents.
Extension of tenure was requested by the
Panel to March 31, 1973, to provide time
for It to asslmUate the large amount of doc-
umentary material that Is accumulating and
for It to prepare background and position
papers In support of recommendations it wUl
make on the basis of the Information avaU-
able to the Panel. In acceding to this request
the Assistant Secretary for Health pointed
out the urgency for the Panel to forward
those recommendations It feels It can make
by December 31. 1972, to meet Federal sched-
uling of administrative Initiatives for the
new legislative year. He also indicated that
the original provision for closed meetmgs
January il, 1973
would not extend beyond January l, 1973
and that no additional extension beyond
March 31, 1973, would be made.
R. C. Backus, Ph. D.
Executive Secretary, Tuskegee Syphilis
Study. Ad Hoc Advisory Panel
December 4, 1972.
Mr. ALLEN. Mr. President, I know that
Members of the Senate recognize that
the "Tuskegee Syphilis Study" involves
profound ethical questions relating to
human experimentation. In my judg-
ment there is a need for congressional
investigation into the extent, scope, and
ethical Implications involved in this and
other experiments of a related nature in-
volving the health and safety of human
lives. This need is forcefully demon-
strated by an article which appeared in
the December 5, 1972, issue of World
magazine in an article entitled "The
Human Guinea Pig: How We Test New
Drugs," by Aileen Adams and GeofTrey
Cowan. Mr. President. I request unani-
mous consent that this article be printed
in the Congressional Record.
There being no objection, the article
was ordered to be printed in the Record.
as follows:
The Human Guinea Pic: How We Test New
Drugs
(By AUeen Adams and Geoffrey Cowan)
A cheerful, cartoon -studded brochure en-
titled Malaria Volunteer Invites Inmates at
the Jackson County, Missouri, JaU to join a
six-week program that provides "additional
food, Ice cream, fruit Juice, improved quar-
ters," and a $50 honorarium. On completing
the program, participants are awarded a dl-
ploma-slzed "Certificate of Bterlt." suitable
for framing, commending them for their
"display of social responslbUlty smd un-
selfishness." In return they must submit to
Infection with a live malaria virus, as sub-
jects to test new cures being developed by
the United States Army.
The Jackson County Inmates are typical
of tens of thousands of people In the United
States who each year "volunteer" to test the
new drugs being developed by pharmaceutical
companies and the United States govern-
ment. Poor, often black. Institutionalized In
public faculties Including prisons, hospitals,
and homes for the mentally retarded, they
are accessible and often can be persuaded to
participate In virtually any experiment rec-
ommended by a physician.
Such tests frequently have been conducted
with discomforting, and sometimes fatal, re-
sults. This past summer a test by the United
States Public Health Service made national
headlines when the Associated Press revealed
that 431 black men from Tuskegee, Alabama,
most of them poor and uneducated, were
deliberately permitted to suffer the ravages
of syphilis for forty years without benefit of
such modern drugs as penlcUlln. According to
doctors in charge of the study, at least 28. and
perhaps close to 100, of the men died as a
direct result of untreated syphilis — all In
the Interests of medical science. The news
provoked a wave of indignation.
Unpubllclzed experiments on similar test
populations are now occurring almost daUy
throughout the United States, for human
experimentation Is, and will continue to be,
an lmix>rtant American growth industry —
fueled, IronlcaUy, by the requirements of re-
cent liberal legislation. The Harrls-Kefauver
drug law of 1962, enacted after the thalid-
omide disaster, requires pharmaceutical
companies to conduct three stages of human
trials before the Food and Drug Administra-
tion allows a drug to be marketed. According
to FDA records, more than 3000 drugs cur-
rently are being tested, and more than 500
of them were first tested on humans In 1971,
In addition, federal programs, on matters
January 11, 1973
CONGRESSIONAL RECORD — SENATE
759
ranging from population control to cancer,
finance researchers who utilize test subjects
to develop new cures. Thus, with the lofty
intention of discovering safe, effective medi-
cal ciu'es, we have created a new form of
public-service employee: the human guinea
Though all of us who use drugs are In their
debt, no one. Including the FDA, has
attempted to take a bard look at the test
subjects themselves. Physicians have de-
veloped a vast llteratvu-e on the ethics of
human experimentation, but such reports
never exsunlne one ethical consideration that
would seem paramount: the background or
class composition of the people on whom the
most dangerous tests are conducted. After
visiting dmg-testlng faculties In eleven
states, we concluded that the people who be-
come "volunteers" for the early, riskiest stage
of drug development tend to be "captive
populations" institutionalized In prisons,
public hospitals, and homes for the mentally
retarded; they also tend to be poor and Ul-
educated.
Medical testing, of course. Is not generally
s simple matter of exploiters and exploited.
For many sick volunteers, such as cancer
patients, experimental cures offer the only
hope. By law even healthy test subjects must
be told what they are letting themselves In
for. For one reason or another they do it
anyway. At he Jackson County JaU, for In-
stance, the Malaria Volunteer brochure wsu-ns
participants to exepect "fever, chUls, nausea,
vomiting, and headaches"; and It notes that
there is a "real posslbUlty" of subsequent re-
lapse. After living through a week of violent,
uncontrollable hot-and-cold shivers, many
volunteers wish they'd never heard of ma-
larli. Nevertheless, drug researchers at the
JaU had no trouble finding 107 malaria vol-
unteers last year.
"Money, that's why they do It," says Steve
Ward, a wiry black Inmate who worked full
time for the project. Inmates run up huge
gambling debts In Jail, he explains, and the
malaria money offers the only escape from
what amounts to a kind of slavery to their
cellblock creditors. Others apparently enter
the program simply to escape their tedious,
cramped existence In the JaU.
State prisons are probably the most widely
used Institutions for the first stage of medi-
cal experimentation, partly because they
offer a ready supply of healthy volunteers.
Though testing Is generally not allowed by
the Federal Bureau of Prisons, more than
half the states and countless cities permit
testing on their prison inmates. FDA ofllclals
estimate that more than 90 per cent of the
first trials for drug safety in humans are
conducted on prisoners.
Prison ofllclals we talked with emphasized
the variety of ways that prisoners benefit
from testing programs. Louie Walnwrlght,
the chief of the Florida Division of Correc-
tions, points out that prison hospitals are
generally under-financed and neglected In
major respects. Drug companies which pay
for the tests, says Walnwrlght. contribute
significantly to the Improvement of sub-
standard medical facilities at prisons. Waln-
wright's former research assistant, Charles
Elchman. says that he changed his negative
opinion of drug testing when he learned
that the Intensive physical examinations
given each participant were actually saving
lives. "One Inmate volunteered for an aspirin
study," Elchman recalls, "and his doctor
found he had cancer." "It's the only legiti-
mate way prisoners here can earn money,"
says the young nurse who ran the Jackson
County malaria testing program. "It also ap-
peals to their sense of patriotism, because
they know they're contributing to the guys In
Vietnam."
But some prison testing programs have
been riddled with abuses. They have been
Unked to prison drug trafflc, forced homo-
•rual encounters. Injuries to Inmates, and
highly questionable test results. A 1968
government study of the Holmesburg Prison
In Philadelphia found that Inmate work-
ers for the University of Pennsylvania Med-
ical School testing project frequently stole
and sold drugs used on various experiments.
Moreover, since the testing progrsmi was
the prisoners' principal source of Income —
distributing to Inmates more than a quar-
ter or a mUllon dollars each year^lt gave
great patronage power to the inmate who
controlled the selection of test participants.
According to the study, at least one such in-
mate, a fraud artist, used his position to In-
duce men to serve as his homosexual com-
panions for fees of about $1600 a year.
No one can estimate how many casualties
there may have been from prison testing.
Since the FDA doesn't lnter\iew Inmates di-
rectly and the "release forms" signed by
test participants make It unlikely that many
cases will reach court, one must rely on
anecdotal Impressions. According to the re-
port on the Philadelphia prison system, some
prisoners "ended up with bodies crazy-
qullted with different-colored reactions and
scars."
Some adverse side effects may fcit show up
xmtll after the Inmate leaves prison. Three
years ago thirty Inmates In the Nevada state
prison participated In a test to produce
Rhogam, a widely used serum designed to
help women vsrlth Rh -negative blood deliver
healthy babies. The inmates, all of whom
were Rh negative, were Injected with Rh-
posltlve blood to help them develop the
antibodies that Institute the Rhogam serum.
An unfortunate side effort of the test Is
that the blood of the parlclpants. all of whom
are Rh negative, permanetly looks as If It
Is Rh positive. If any of the test subjects
subsequently need a transfusion, there-
fore, doctors might mistakenly give him a
fatal transf vision of the wrong blood type.
Such a mlz-up almost occurred recently
when one of the Nevada Inmate-participants
tried to commit suicide and a test by at-
tendants at the prison hospital showed his
blood to be Rh positive. Fortunately, the
prison doctor was caUed at home and re-
membered that the Inmate had been a test
participant.
There are also reasons to doubt the results
of tests conducted in prisons. "If the drug
comes In tablet form, you can never be sure
they take It," says the medical director of the
Nevada state prison system. "That's why I
prefer Injections." "Inmates know how to
tongue a pill, cheek It, or palm It. and you
can't reaUy teU whether they swallow It,"
said a prison guard.
Homes for mentally retarded children are
favorite testing places for new drugs and
vaccines. The live-virus rubella vaccine for
German measles was first tested at the
Arkansas Children's Colony, a school for the
mentally retarded near Conway, Arkansas.
Rather than contending that the vaccine
would particularly benefit the chUdren, re-
searchers from the National Institute of
Health explained that the test required
"carefully controlled conditions" where "sus-
ceptible persons are shielded from those who
have been vaccinated," and they chose the
school because It was In a rural setting and
the 700 studfents "reside In widely scattered
cottages that are functionally Independent."
The mentally retarded children who are
used for hepatitis experiments at the WU-
lowbrook State School In Staten Island, New
York, are among the most famous test sub-
jects In the country. In 1967 the late Senator
Robert Kennedy uncovered one reason why
chUdren at WlUowbrook were wUllng par-
ticipants. Parents, he discovered, had been
told that the school was too crowded and
that their child couldn't get In — unless the
parents would agree to let the youngster Join
the school's hepatitis testing program.
Nearly 1500 mentally retarded chUdren
over the past eighteen yean have been In-
jected With hepatitis virus by physicians at
WUlowbrook. "The children then participate
In tests designed to analyze the disease and
to find an effective cure. Critics, like Harvard
Medical School Professor Emeritus Henry K.
Beecher, call It a moral outrage to infect
mental retardates in order to search for a
cure. The test's director. Dr. Saul Klugman
disagrees. He contends that unsanitary habits
of mental retardates ensure that most of the
children would get hepatitis anjrway and
that it Is Therefore In their Interest to be
treated by a highly experienced staff under
controlled conditions.
During the past two years, the Florida
Mental Retardation Division has become un-
usually hospitable to drug Investigators. With
the assistance of Dr. Charles Weiss — a
former research official at Parke Davis & Co.,
who Is now a drug Investigator and the medi-
cal consultant to the chief of the division —
products ranging from influenza vaccine to
plnworm medication have been tested on
many of the several thousand mentally re-
tarded ChUdren Interned at the division's
eight Sunland training centers.
An Important current experiment at the
Sunland Center In Fort Myers Involves a vac-
cine for Shigella, a severe form of dysentery
that occurs primarily In custodial Institu-
tions. Under the auspices of the U.S. Center
for Disease Control, the vaccine has already
been tested on prisoners and mentaUy re-
tarded ChUdren In Maryland. The vaccine
was next scheduled for use at WlUowbrook,
according to physicians Involved in the pres-
ent study, but the CDC moved the test to
Fort Myers when poor conditions at WlUow-
brook became a public cause celebre In New
York City last spring. While the Incidence of
Shigella Is lower in Sunland than In many
other institutions. CDC officials explain that
they chose the Fort Myers facility "because
of the considerable cooperation from Dr.
Weiss and his department."
Financial pressures have led some munici-
pal hospitals to set up entire units devoted
to evaluating new drugs. For example, under
a contract originally negotiated with the city
of Newark. New Jersey, in 1963, the huge
Swiss drug company Hoffman-La Roche un-
til recently maintained and staffed a com-
plete ward on the fourteenth floor of Mart-
land Medical Center. Martland happened to
be the only hospital easUy accessible for most
of the city's poor residents. The drug com-
pany paid Newark $25,000 for the use of the
city hospital, according to a 1966 renegotiated
contract. In return for which the company,
at its own expense, provided care for patients
and conducted research on new drugs. Orlg-
InaUy. patients apparently were assigned to
the drug company's floor on a random basis,
without being told that they were entering
a company-financed testing unit. Better pro-
cedures were adopted In 1966 when operation
of the hospital was taken over by the New
Jersey College of Medicine, and the entire
unit was moved to a private hospital In April
1971,
Until Its operations came to public light
In 1971, the Pentagon's Nuclear Defense
Agency for eleven years had financed a Uni-
versity of Cincinnati study of the effects of
atomic rtkdlatlon on human beings. Under
an $850,000 contract, the university's medi-
cal school treated 111 terminal cancer pa-
tients, who were told that there was a good
chance the treatment would reduce the size
of their tumors and relieve some of the pain.
A number of radiologists disputed the ther-
apeutic values of the treatment and charged
that It was used as a device to obtain par-
ticipants In the Defense Department study.
AU but three of the patients were charity
cases from Cincinnati General Hospital.
Most had I.Q.'s below 90 (100 Is average),
and their average length of schooling was six
years.
Even some of the most Important (and
ultimately life-saving) tests conducted In
60
CONGRESSIONAL RECORD — SENATE
{ ublic hospitals Involve significant risks,
"hough never fully studied for use In In-
lints. the antibiotic Chloramphenicol for
I everal years was widely used as a prophy-
I ictlc to counteract the high Infection rat«
I I premature newborns — until two studies
t y Dr. Joan Hodgman revealed that the drug
appeared to be killing a significant number
c f Infants to whom It was administered. Both
studies were conducted In the Premature
C enter of Los Angeles County Hospital, where
virtually all of the Infant participants were
f 'om poor families, most of them black or
C hlcano.
The &Tst study demonstrated that at some
d osage levels Cloramphenlcol Is extremely
tjxlc for premature Infanta. The study also
f )und that antibiotics did not lower the mor-
tility level when given as a prophylactic to
c irtaln healthy prematures. Consequently the
Fremature Center, concluding that the po-
t intlal risk outweighed the possible benefits,
discontinued the use of the drug for help-
li ig prematures.
Believing that "Chloramphenicol would
s ill! be useful for the treatment of Infected
p reniatures If a safe dosage schedule were
e itabllshed." Dr. Hodgman and her colleagues
t len conducted a second test. This time they
give varying dosages of Chloramphenicol to
1 !6 prematures, most of whom were "In good
c )ndltion," but who had been exposed to
s aphylococcal infection. Six of the Infants
developed symptoms associated with Chlor-
anphenlcol toxicity — such as refusing to
n iirse, reguraltatlng a formula, abdomens be-
o >mlng distended, loose green stools, and.
twenty-four hours after the appear-
' of toxlcwymptoms. becoming ashen gray
lethargic. Three of the Infants who de-
vkloped these symptoms survived; three died.
Although the deaths may have been due to
0 her causes, the study concluded that "it
Is possible that these three Infants represent
a toxic reaction (to Chloramphenicol] at rel-
a Ively low blood levels." Partly as a result of
E r. Hodgman's test. Chloramphenicol now Is
8< Idom given to premature Infants, and then
o; ily in very small dosages.
Public hospital patients are rarely in a posl-
tl Dn to evaluate the merits of an experiment
that they are asked to Join. In her office at
N»w Orleans's Charity Hospital. Dr. Mar-
gi iret Smith, who is a member of the Public
Hsalth Service's Committee on Immunology
P'actlces. described the parents from whom
si e had received "Informed consent" for their
cl lUdren to participate In a meningitis study:
"1 Jost of the parents are uneducated blacks.
&>me of them can't read — they're not very
s< phlstlcated people."
In defense of public-hospital tests. Dr.
contends that according to nurses at
hospital, "public patients get much bet-
care when they're pan of a drug study."
undoubtedly true, this explanation
as many questions as it answers. Be-
treatment at public hospitals and prls-
Is often substandard, physicians may
Justifiably believe that the medical benefits
01 testing outweigh the risks. But is it Just
tc ask the poor to accept the risks of medi-
cs 1 experimentation in order to obtain ade-
qi late health care?
A similar problem arises with the legal
requirement to obtain a patient's "Informed
cc nsent" before beginning the test. Tech-
nlcally. the researcher must clearly explain
tie drug's potential risks and the avaUable
al :ernatlve. non-exF>erimental forms of med-
iation. Researchers often find it easiest to
ot tain the consent of poor or Instltutlonal-
lz(d populations. More than one drug inves-
tl| :ator told us that their poor patients would
cut a finger or an arm off without asking
qi estions If they recommended it. For people
111 ing under such circumstances, one wonders
whether the phrase "informed consent" has
m waning.
ret even such heretofore acquiescent
grjups are beginning to resist medical ex-
perimentation. Diirlng the summer of 1969.
MS ithln
a ice I
a id
Si alth
tl e
t«r
MhUe
rtlses
CI use
OILS
398 women in San Antonio, Texas, partic-
ipated in a test designed to evaluate the side
effects produced by various kinds of oral
contraceptives. Most of the women were
Mexican-Americans who had been referred
to the test by Planned Parenthood. Activists
In the Chlcano community later became out-
raged when It was revealed that seventy-six
of the participants had been given a placebo,
or sugar pill, instead of an oral contraceptive,
and that seven of those women had become
pregnant. Although executives at Syntex
Laboratories, sponsor of the test, admitted
to us that they had anticipated that as many
as nine of the women given the placebos
would become pregnant, apparently none of
the women were apprised of this p>o8sibility.
As a result of an investigation by the Chi-
cano-dominated local Community Action
Board of the OEO. which provides the city's
Planned Parenthood program with most of
Its funds. Planned Parenthood's executive
director resigned, and new. tougher guide-
lines on human experimentation were
adopted. Finally, this spring, after a pro-
longed investigation, the FDA officially found
that in several crucial respects the test had
been improperly conducted. Two years ago
a proposed test of the amphetamine-like drug
Nltalln on preschool chUdren of Florida mi-
grant workers was abandoned after an emo-
tion-packed newspaper article on it gen-
erated a series of local protests. And in 1968.
in response to parents' complaints, the D.C.
Children's Clinic in Laurel, Maryland,
stopped testing all drugs on mentally re-
tarded children after participants in its test
of TrlA were hospitalized with serious liver
dysfunctions.
These are not isolated examples. Several
trends In American society are combining to
complicate the task of finding suitable and
wUling test populations. Ethnic groups have
become increasingly suspicious of those who
wish to perform experiments — medical or
social — on members of their communities. In-
creased Interest in prison reform has begun
to focus attention on medical problems in
state and local prisons, and the current trend
in mental retardation is to confine only hard-
core cases, leaving institutions with fewer
good subjects for tests that require a modi-
cum of Intelligence.
Nevertheless, there is still a clear need
to test some new drugs and vaccines on
human subjects. PeW would contest the
importance of the development In recent
years of drugs and vaccines to treat mat-
ters ranging from birth control to polio.
Before such products are put on the ma-
ket. they must be carefully tested to find
effective dosages and to make certain that
they don't produce intolerable side effects.
Indeed, many leading physicians and gov-
ernment officials have said that drugs, par-
ticularly those used on children and the
elderly, may require a great deal more test-
ing than they presently receive. Dr. Harry
Shlrkey, chairman of the Department of
Pediatrics at Tulane University, believes
that prior to receiving PDA approval, all
drugs that may be used by chUdren should
be specifically tested on children.
Dr. Shlrkey notes that many if not most
drugs on the market today have not been
tested for use on children; such tests are
expensive and present enormous ethical
problems. Although these drugs must con-
tain a warning that they are not approved
for use on children, parents who have suc-
cessfully used the medication sometimes
give it to a sick child, and It is not uncom-
mon for doctors who have heard that It
works on children to presenile It. Due to
the Impact of a few "pediatric catastrophes"
like Chloramphenicol and the efforts of
pediatricians like Dr. Shlrkey, several high-
ranking FDA officials advocated the adop-
tion of a regulation stating that no new
drug which may be given to children can
be approved for marketing until adequate
studies have been conducted In a series of
January 11, 1973
testa In various age groups up to fo\ut«en
years. This proposal was rejected, however
after the pharmaceutical industry ex-
plained that it would be far leas expensive
to agree not to let the drug be used <m
children than to conduct the needed experi-
ments. FDA officials say they are making
every effort to persuade drug manufacturers
to perform such tests voluntarily.
As with many ai?eas in which sclentiflc
develc^ment has created significant ethl-
cal and political dilemmas, there is no
single simple solution to the problem of
testing new drugs. But here are some pos-
sible reforms:
Drug companies should vise greater re-
straint before testing new drugs that dupli-
cate, with mmor varutlons, the functions
of drugs now on the market.
Medical schools and the scientific com-
munity should encourage greater professional
responsibility. Though strict codes of re-
search ethics have been adopted by the
American Medical Association, a recent study
found that most physicians engaged in clin-
ical research never studied the ethics of
testing while in medical school, and that a
"significant minority" place personal and
scientific achievement ahead of their re-
sponsibility to the test population.
Institutions where new drugs are tested
should establish effective, broadly based re-
view committees In accordance with rules
adopted by the Pood and Drug Administra-
tion and the Public Health Service. Though
such committees are now required by law,
the Food and Drug Administration makes
no systematic effort to ensure that they are
established and function effectively. These
committees would examine the sclentiflc
merits of proposed tests and protect the
rights of test subjetcs. They should be com-
posed of clergymen, lawyers, and commimity
representatives as well as scientists. The
Florida prison system's new citizens' com-
mittee plans to visit state institutions regu-
larly and ask Inmates for their comments on
the tests.
Congress could adopt legislation proposed
by Sen. Gaylord Nelson of Wisconsin that
would increase the government's role in the
selection of clinical Investigators. Senator
Nelson notes that at present, since drug
firms select their own researchers and pay
them to accumulate data demonstrating that
a new drug Is safe and effective enough to
be allowed on the market, reseairchers have
a vested Interest in highlighting the drug's
good points, not its potential dangers.
Another possible legislative reform would
provide insurance for the subjects of medical
experimentation. When the details of the
Public Health Service's syphilis test were re-
vealed last siunmer Alabama senators James
B. Allen and John J. Sparkman introduced
legislation to provide financial compensation
for test participants who had needlessly suf-
fered from syphilis.
None of these reforms, however, will re-
move the special risks of drug experimenta-
tion from the powerless segments of our so-
ciety. That can only be done by having each
citizen, rich or poor, undertake an ethical,
and perhaps legal, responsibility to share
the risks as well as the benefits of the ex-
perimentation. Even if Senator Nelson's bill
is paseed. questionable research is likely to
be conducted on poor and Institutionalized
subjects. Some of the most troubling tests.
Including the Alabanui syphilis experiment
and the Cincinnati cancer test, are financed
by the federal government. Despite the FDA's
finding that the San Antonio test cited above
was improper, the physician who dlretced
it is now conducting a disturbingly similar
study under a $2 million contract from the
Agency for International Development.
Furthermore, funds from the federal gov-
ernment, like funds from private companies,
will continue to seduce the administrators
of institutions such as hospitals, prisons, and
homes for mentally retarded children. In the
January 11, 1973
CONGRESSIONAL RECORD — SENATE
761
absence of decent public financing, they will
be persuaded that It is humane to fund an
institution by allowing Inmates to serve as
test subjects. And the poor and Institution-
alized, needing money themselves and having
little power to resist, will often succumb.
Mr. ALLEN. Mr. President, I am glad
to say that the competent Tuskegee
Syphilis Study Advisory Ad Hoc Panel,
under the direction of Dr. Broadus N.
Butler, is moving forward with com-
mendable zeal in its investigation of this
problem. I am confident that the appro-
priate Senate committee will schedule
hearings and move expeditiously toward
reporting this bill for Senate action.
By Mr. WEICKER (for himself.
Mr. Bible. Mr. Brooke, Mr.
Cannon, Mr. Cook, Mr. Fannin,
Mr. Javits, Mr. Moss, Mr. Pell,
Mr. Tapt, and Mr. Young) :
S. 318. A bill to safeguard the profes-
sional news media's responsibUity to
gather information, and therefore to
safeguard the public's right to receive
such information, while preserving the
integrity of judicial processes. Referred
to the Committee on the Judiciary.
NEWS MEDIA SOtHlCE PROTECTION
Mr. WEICKER. Mr. President, today
I am introducing the "News Media
Source Protection Act." I have taken this
step in recognition that the time has
come, in the constant evolution of this
Nation's institutions, to insure that he
flow of information — from individuals,
through the media, to the public re-
mains free from unreasonable Govern-
ment intrusion.
It Is assumed, of course, that we want
a free press. Such is synonomous with
democracy, and this democracy like any
form of government will be known by
the institutions it keeps. This Nation,
however, is concerned with more than
its press. The first amendment to our
Constitution, as Justice Learned Hand
expressed so well-
Presupposes that right conclusions are
more likely to be gathered out of a multi-
tude of tongues than through any kind of
authoritative selection. To many this Is. and
always will be folly; but we have staked
upon It our all.
For this reason, I do not propose a
newsman's privilege law — though that is
what it may be called by some. It is not
for newsmen, it is for the American pub-
Uc.
A "privilege," in the legal sense, is a
complex concept, developed in the "com-
mon law" over himdreds of years. News-
men do not meet the common law stand-
ards for a "privilege" and to break down
centuries of tradition and make an ex-
ception for newsmen would create a
precedent that could lead to widespread
disruption of the laws of evidence.
And it would be wrong, because we do
not need to protect newsmen. Rather, we
must protect a constitutional right we
all have in the free flow of news. If news-
men are forced to reveal their sources
there is every danger that some of those
sources wUl dry up. That will infringe
upon your right to hear the full story.
That is what we are protecting.
The "News Media Source Protection
Act" operates from the proper, and only
responsible, legal foundation for legisla-
tion. It avoids extremes, by recognizing
that in a democratic society all rights
and freedoms are necessarily interde-
pendent.
It is not simplistic or casually vague.
This is a complex legal question, and it
cannot be properly legislated imless we
very carefully define "who" gets to In-
voke this protection of news sources,
"what" news sources are protected,
"when" they are protected, and "how"
we invoke protection. We must have pre-
cise standards, to assure that these
rights are not abused.
The "News Media Source Protection
Act" does this. In good conscience, it
must. Because we are, in fact, balancing
two fxmdamental rights — your right to
your neighbor's testimony when you're
Ew^used, versus your right to the news.
We cannot, and we must not, override
your right to witnesses unless we set out
hard and fast guidelines to insure against
casual or capricious detemainations.
To illustrate how the bill accomplishes
this result, the standards that spell out
"who" can invoke protection of a news
source, limit this protection to what I call
"legitimate member of the professional
news media." What this means is quite
simple: nobody's going to interfere with
your witnesses unless they are in the on-
going business of substantial, profes-
sional news reporting, of sufficient mag-
nitude to warrant overriding other rights.
Carefi^iiSk drawn standards are the only
way this can be assured.
As to "what" is protected, the bill is
again unique. It protects only the "iden-
tity of sources" of information, or the
content of information that would affect
a source. It does not protect "informa-
tion" in a vacuum.
As to "when" these protections are in-
voked, this legislation recognizes for the
first time that we need a definite pro-
cedure or method to deed responsibly
with such a complex issue. It therefore
sets up two tiers of protection, on the
groimd, primarily, that disclosure is war-
ranted only when a specific crime is being
tried.
This is necessary to prevent the Gov-
ernment from calling in reporters and
going on a "fishing" expedition. That is
cheap prosecution — it is also using the
media as an investigative arm of the
Government, and it's wrong. For that
reason, legitimate news professional have
"absolute" protection, under my bill,
from revealing sources before grand
juries, congressional committees, com-
missions, agencies, and departments — in
other words, everywhere but in open
court.
This proposal recognizes that there is
a diCference between what happens in a
full-fledged trial before a legitimate court
and other types of Government proceed-
ings. In all of these other proceedings the
bill provides absolute protection.
Once we get to trial and a specific
crime is being tried — in other words no
more "fishing" — we have a different
type of protection, a so-called "qualified
protection." This means that imder very
strict circumstances we will "qualify" the
protection we give to news sources. If
those qualifications can be met, fine. If
not, there is no protection, and the
"right to every man's testimony," pre-
vails.
These qualifications basically require
first, that there is independent evidence
that the material sought is substantial
evidence, d^ect evidence, and essentisd
evidence, as to a central issue being tried.
Second, that with reasonable diligence
there was not or is not any other way to
get the evidence. Third, the trial must
be for murder, rape, aggravated assault,
kidnapping, hijacking — or, once a na-
tional security breach has been proved,
there is a central issue as to breach of
classified "national security" documents,
or breach of a court order made pursu-
ant to a "national security" statute.
If these criteria cannot be met, then
legitimate newsmen are immune from
testimony. The binding criteria is "bona
flde" newsman, with suggestive language
that he regularly earn his income, or be
regularly engaged as a profession, in
news activities.
"Source" would include the identity of
a source, as well as "content" if first,
it would directly or indirectly identify
the source, or second, was not published
by agreement or understanding with the
source, or third, was not published in
reasonable belief that it would affect the
source. A judge would make this deter-
mination in chambers — away from the
person seeking disclosure — with a legal
presumption operating in favor of the
newsman.
It is hoped that these criteria, limit-
ing the protections being given out to
legitimate news personnel, will prevent
this law from becoming a "sham wail"
which hoards of witnesses might scram-
ble to hide behind.
That is the substance of what I am
presenting to the Congress — a carefully
delineated guide as to who, what, when,
and how our news will be protected. Ex-
haustive research has been undertaken
prior to introducing this proposal to pro-
duce the full range of standards that
are necessary for this kind of legislation.
It is also the first time that the full
complement of appeal procedures, trial
procedures, as well as a full statement
of congressional findings and policies
have been set forth. It is the kind of ef-
fort that has been long needed.
I might add that one of the provisions
of this bill provides that news sources
carmot be revealed in cases "involving
abuse of power by public officials." Why?
The answer is simple. With minor excep-
tions, research shows that every major
scandal in public office over the past 20
years was uncovered by the press. Some-
times, it seems, we must look outside our
Government for help in uncovering Gov-
ernment abuses. If we didn't protect this
news we might never hear about these
abuses again. This is so important that
it must never be discouraged.
This, in fact brings me back to the
thrust of my statement — we are not pro-
tecting newsmen, we are protecting the
public.
It only seems appropriate, at this time,
to remind ourselves of some considered
thoughts by Justice Black on first amend-
ment guarantees:
Since the earliest days phUosophers have
dreamed of a country where the mind and
spirit of men would be free; where there
would be no limits to Inquiry; where men
would be free to explore the unknown, and
to challenge the most deeply rooted beliefs
762
i
CONGRESSIONAL RECORD — SENATE
a Id principles. Our First Amendment was a
b )ld effort to adopt this principle — to es-
ti .bllsh a country with no legal restrictions of
a ly kind upon the subjects people could In-
vistlgate. discuss and deny. The Framers
k lew, perhaps better than we today, the
r1 sks they were taking. . . . With this knowl-
e< Ige they still believed that the ultimate hap-
p ness and security of a nation lies in Its
a )l]lty to explore, to change, to grow and
ci aaelessly to adapt Itself to new knowl-
e<lge born of Inquiry free from any kind of
gi ivernment control over the mind and spirit
o man. Loyalty comes from love of good
g ivernment, not fear of a bad one.
As legislators, we must not shrink from
li inovation to effectuate these guarantees
li ; the constant evolution of our Instltu-
tons.
Mr. President. I ask unanimous con-
a int that the t«xt of the bill be printed
ii . the Record.
There being no objectlorf. the bill was
0 dered to be printed in the Record, as
follows:
S. 318
Be it enacted hy the S^ate and House of
fl epresenf at ires of the United States of
America in Congress assembled. That this
A :t may be cited as the "News Media Source
P"otectlon Act."
STATE MEffT OF POLICY AND FINXIINCS
SBC. 2. (a) (1) It Is the policy of the United
S »tes to permit the flow of Information from
U dlvlduals through the media to the public
» 1th reasonable freedom from governmental
Intrusion, ao that constitutional protection
o ' a free flow of news Is divested only when
a compelling and overriding Interest In the
wiurce of such Information can be demon-
s rated.
(2) It la further the policy of the United
S ;ates that the news media not serve as an
Investigative arm of the government.
(3) It Is at the same time the policy of the
Z nited States that Ita tradition of malntaln-
li g the "right to everyman's testimony" In
c >urts of law shtUl not be casually disturbed.
7 his tradition, which safeguards the Integrity
o ' our judicial processes, shall be outweighed
b 7 Interests in a free flow of news only when
legitimate, substantial, and ongoing profes-
5 onal news media operations are at stake.
1 1 addition, the balancing of such funda-
n ental Interests must be evaluated at a re-
8 >onsibIe level of Judicial competence, guided
b^ complete standards and procedures to In-
s ire uniformity of enforcement and permit
sibstantlal predictability for those who seek
t > operate within the law.
(b)(H The Congress finds that to pro-
t( ct such constitutional and common law
p-lnclples, as well as to prevent the use of
n'ws media for Investigative purposes, two
procedural safeguards are needed, as thresh-
o d determinations, prior to any considera-
t! on of compulsory disclosure of news media
siiurces. First, It must be demonstrated that
t lere Is probable cause to believe a crime has
bsen committed, and that the testimony
aiught IS directly relevant to a central Issue
In that criminal allegation, thereby limiting
s< i-called "fishing expeditions." Second. It
n ust be 'demonstrated that no reasonable
a tematlve for obtaining the testimony is
a callable, assuring that constitutional pro-
t jctlon of the free flow of news shall not be
d vested while reasonable alternatives exist.
The nature and interest* of Federal grand
■'irles. Federal congressional committees, aa
w ell as agencies, departments, or commissions
0 r the Federal Government do not. within the
safeguards of strict Judicial processes, make
a threshold legal determination of probable
c luse that a crime has been committed or
t lat testimony is of direct relevance to such
a crime. In addition, such bodies can nor-
mally fvUflll their functions by silternatlve
1 leans less destructive of first amendment
<r
protection than by compulsory testimony as
to news media sources. The Congress there-
fore finds that absolute testimonial protec-
tion as to news sources shall be granted with
respect to all Federal bodies, excepting only
Federal district courts. Federal circuit courts,
and the Supreme Court.
(2) The Congress finds that In keeping with
staled pKDllcles there shall be qualified testi-
monial protection, based on the two pro-
cedural safeguards, as well as three substan-
tive safeguards, before all such Federal
courts. Such qualifications shall be Inter-
preted according to specific standards as to
the relevance and weight of the evidence
sought, alternative available evidence, the
person seeking to Invoke protection, the
sources or material to be protected, and the
specific crime at Issue. The Congress finds
that any order thus compelling testimony,
while an order other than a final Judgment. Is
nevertheless an Interlocutory decision having
a final and irreparable effect on the rights of
parties, thus necessitating that courts of
appeals have Jurisdiction over Immediate ap-
I^eals from such orders. The Congress further
finds that due to the nature of certain def-
amation proceedings, testimonial protection
shall be generally divested In such cases, and
that to preserve the flow of Information as
to abuses of power by public officials testi-
monial protection shaU not be divested In
such cases.
LECrriMATE MEMBER OF THE PROFESSIONAL
NEWS MEDIA
Sec. 3. (a) As used in sections 5 and 6 of
this Act, a legitimate member of the pro-
fessional news media shall Include any bona
fide "newsman", such as an individual regu-
larly engaged In earning his or her princi-
pal Income, or regularly engaged as a prin-
cipal vocation, in gathering, collecting,
photographing, filming, writing, editing. In-
terpreting, announcing, or broadcasting lo-
cal, national, or worldwide events or other
matters of public concern, or public Interest,
or affecting the public welfare, for publica-
tion or transmission through a news medium.
(b) Such news medium shall include any
Individual, partnership, corporation or other
association engaged in the business of —
(1) publishing any newspaper that Is
printed and distributed ordinarUy not less
frequently than once a week, and has done
so for at least one year, or has a paid gen-
eral circulation and has been entered at a
United States poet office as second-class mat-
ter, and that contains news, or articles of
opinion (as editorials) , or features, or ad-
vertising, or other matter regarded as of
Current interest; or
(2) publishing any periodical containing
news, or advertising, or other matter regard-
ed as of current Interest which is published
and distributed at regular Intervals, and has
done so for at least one year, or has a paid
general circulation and has been entered at
a United States post office as second-class
matter: or
(3) collecting and supplying news, as a
"news agency." for subscribing newspapers,
and/or periodicals. anS/or newsbroadcasting
facilities: or
(4) sending out syndicated news copy by
wire, as a "wire service." to subscribing news-
pap>ers. and /or periodicals, and/or news
broadcasting facilities: or
(5) gathering and distributing news as a
"press association" to Its members as an as-
sociation of newspapers, and/or periodicals,
and /or news broadcasting facilities; or
(6) broadcasting as a commercially li-
censed radio station: or
(7) broadcasting as a commercially li-
censed television station: or
(8) broadcasting as a community antenna
television service; or
I (9) regularly making newsreels or other
motion picture news for paid general public
showing.
(c) Any protections granted pursuant to
January 11, 197s
sections 5 and 6 of this Act shall extend only
to activities conjincted by a legitimate mem-
ber of the pj^fetelonal news media while
specifically acting *s a bona flde "newsman",
such as while acting as a reporter, photog-
rapher, Journalist, writer, correspondent,
commentator, editor or owner.
NEWS UEDIA SOT7BCES
Sec. 4. (a) Any protections granted under
sections 5 and 6 of this Act shall extend only
to sources of written, oral, or pictorial Infor-
mation or communication, as well as such of
Its content that affects sources, whether pub-
lished or not published, concerning local, na-
tional, or worldwide events, or other mat-
ters of public concern or public Interest, or
affecting the public Interest, obtained by a
person acting In the status of a legitimate
member of the professional news media.
(b) Source of written, oral, or pictorial In-
formation or communication shall Include
the Identity of the author, means, agency, or
person from or through whom Information
or communication was procured, obtained,
supplied, furnished, or delivered. Any pro-
tection of such sources shall also Include
written, oral, or pictorial information or com-
munication that could directly or indirectly
be used to Identify Its sources, or any Infor-
mation or communication withheld from
publication pursuant to an agreement or un-
derstanding with the source or In reasonable
belief that publication would adversely af-
fect the source. Such Information or com-
munication shall specifically Include writ-
ten notes, tapes, "outtakes." and news film.
Information or communication used for
blackmail, or for Illegal purposes not related
to publication of such Information or com-
munication. Is specifically not protected im-
der the provisions of this Act.
ABSOLtJTK TESTIMONIAL PROTECTION
Sec. 5. Notwithstanding the provisions of
any law to the contrary, no legitimate mem-
ber of the professional news media, as set
forth In section 3 of this Act, shall be held In
contempt, or adversely prejudiced, before any
grand Jury, agency, department, or com-
mission of the United States or by either
House of or any committee of Congress for
refusing to disclose information or commu-
nication as to news media sources, as set forth
in section 4 of this Act.
QUALIFIED TESTIMONIAL PROTECTION
Sec. 6. (a) Notwithstanding the provisions
of any law to the contrary, where a person
seeks disclosure of any news media Informa-
tion or communication from a person who
may be or have been a legitimate member of
the professional news media and who refuses
to make such disclosure in a proceeding be-
fore any Federal court of the United States,
such person seeking disclosure may apply to
a United States District Court for an order
providing such disclosure. Such application
shall be made to the district court in the dis-
trict wherein there Is then pending the pro-
ceeding In which the information or com-
munication Is sought. The application shall
be granted only If the court, after hearing
the parties, determines that the person seek-
ing the Information or communication, by
clear and convincing evidence, has satisfied
the requirements set forth in section 7 of this
Act.
(b) In any application for the compulsory
disclosure of news media information or com-
munication, the person or party, body or offi-
cer, seeking disclosure must state In writ-
ing—
(1) the name of any specific individual
from whom such disclosure Is sought, If such
Individual may have been acting as a legiti-
mate member of the professional news media
at the time the source disclosed Its informa-
tion or communication; and
(2) the name of any news medium with
which such person may have been connected
at the time the source disclosed Its informa-
tion or communication; and
January 11, 1973
CONGRESSIONAL RECORD — SEN ATE
763
(3) the specific nature of the source, or
content of information or communication,
that is sought to be disclosed; and
(4) the direct relevance and essential na-
ture of such evidence as to a central Issue
of the action which Is the subject of the
court proceeding; and
(5) any Information demonstrating that
evidence to be gained by compulsory dis-
closure is not reasonably available by alter-
native means, and that reasonable diligence
has been exercised in seeking such evidence
otherwise.
(c) Any order entered pursuant to an ap-
plication made according to the provisions
of this Act shall be appealable as a matter
of right under Rule 4 of the Federal Rules of
Appellate Procedure (1968). and is subject
to being stayed. In case of an appeal, the
protections available according to the pro-
visions of this Act, were such application
denied, will remain In full force and effect
during the pendency of such appeal. Section
1292 of Title 28. United States Code, is there-
fore amended by inserting after subsection
(4), the following:
"(5) Interlocutory orders in civil or crimi-
nal actions granting, modifying, or refusing
an application for compulsory disclosure or
news media sources, or Information or com-
munication affecting news media sovirces."
STANDARDS FOR QUALIFIED TESTIMONIAL
PROTECTION
Sec 7. (a) An application for disclosure, as
provided for under section 6 of this Act. shall
be granted, so long as it Is In accordance with
any other applicable general or specific law
or rule, when the applicant has established
that the person seeking protection of a source
Is not a legitimate member of the profes-
sional news media, as set forth In section 3
of this Act.
(b) Such application for disclosure shall
be granted, so long as It Is In accordance with
any other applicable general or spieclflc law
or rule, when the applicant has established
that the Information or communication
sought Is not a news media information
source, or Information or communication af-
fecting a news media source, as set forth in
section 4 of this Act. Determination of
whether the contents of information or com-
munication could directly or indirectly be
used to Identify Its source, or whether In-
formation or communication was withheld
from publication pursuant to an agreement
or understanding with the source or In
reasonable belief that publication would ad-
versely affect the source shall be made in
camera, out of the presence of the applicant
on the basis of the court being informed of
some of the underlying circumstances sup-
porting the person seeking protection from
disclosure, with a presumption In favor of the
person seeking protection from disclosure.
(c) Such application for disclosure shall
be granted, should the applicant be unable
to meet the requirements of subsections (a)
or (b) of this section, only when —
(1 ) the applicant has established by means
of independent evidence that the source to
be disclosed Is of substantial and direct rel-
evance to a central issue of the action, and
is essential to a fair determination of the
action, which Is the subject of the court
proceeding: and
(2) the applicant Is able to demonstrate
that the source Is not reasonably available
by alternative means, or would not have been
available if reasonable diligence had been
exercised In seeking the source otherwise;
and
(3) the action which is the subject of the
court proceeding Is murder, forcible rape,
aggravated assault, kidnapping, airline hi-
jacking, or when a breach of national security
has been established, involving claBsifled na-
tional security documents or details ordered
to be kept secret, such classification or order
having been made pursuant to a Federal
statute protecting national security matters.
In no case, however, shall the application be
granted where the crime at issue is corrup-
tion or malfeasance in office, except accord-
ing to the provisions of subsection (d) of this
section.
(d) Notwithstanding the provisions of sub-
sections (c)(1), (c)(2). and (c)(3) of this
section, an application for disclosure shall
be granted in any case where the defendant,
in a civil action for defamation, asserts a
defense based on the source of his or her
Information or communication.
(e) A complete and public disclosure, with
knowledge of the available protections, of the
specific identity of a source or content of
Information or communication protected by
the provisions In sections 5 and 6 of this
Act shall constitute a waiver of rights avail-
able as to such identity or such contents
according to the provisions of this Act. A per-
son likewise waives the protections of sec-
tion 5 and 6 of this Act, if. without coersion
and with knowledge of the available protec-
tions, such person consents to complete and
public disclosure of the specific Identity of
a source or content of . Information or com-
munication by another person. The failure
of a witness to claim the protections of this
Act with respect to one question shall not
operate as a waiver with resp>ect to any other
question in a proceeding before a Federal
court.
Mr. TAFT. Mr. President, in recent
months the press has come under re-
newed attack. As a result of some deci-
sions, newsmen are now being forced to
turn over their notes to grand juries or
be sentenced to jail. In my judgment the
confidential relationship between a
newsman and his sources Is essential to
the protection of first amendment guar-
antees. The freedom to publish is a hol-
low one if newsmen are unprotected in
the gathering of news from news sources.
This could happen If their confidential
sources believe that the newspaper is an
extension of the prosecutor's ofiBce.
In Ohio we have recognized for many
years the basic value of protecting the
confidential relationship between a
newsman and his source. Section 2739.12
of the Ohio Revised Code goes much
further than this proposal and provides :
No person engaged in the work of. or con-
nected with, or employed by any newspaper
or any press association for the purpose of
gathering, procuring, compiling, editing, dis-
seminating, or publishing news shall be re-
quired to disclose the source of any Informa-
tion procured or obtained by such person In
the course of his employment. In any legal
proceeding, trial, or investigation before any
court, grand Jury, petit Jury, or any officer
thereof, before the presiding officer of any
tribunal, or his agent, or before any commis-
sion, department, division, or bureau of this
state, or before any county or municipal
body, officer or committee thereof.
This statute refiects the judgment of
the people of Ohio that a newsman's ac-
cess to news is an essential part of his
right to publish. Even this broad protec-
tion has not been abused In Ohio, and
some lesser protection seems desirable at
the Federal level as well.
Consequently, I am today pleased to
join with the distinguished Senator from
Connecticut 'Mr. Weicker) in cospon-
soring the News Media Source Protection
Act smd I hope that It will be quickly en-
acted Into law.
The framers of our Constitution un-
derstood the critical Importance of pro-
tecting free speech and free press. They
merely had to look at the English experi-
ence and our own colonial experience to
satisfy themselves as to the central posi-
tion which freedom of speech and free-
dom of press must play In safeguarding a
free people.
By Mr. RrBjfcOFF ifor himself,
Mr. MclNTYRE, Mr. Stafford,
Mr. Aiken, Mr. Brooke. Mr.
Hathaway. Mr. Pastore, Mr.
Weicker. Mr. Muskie, Mr.
Cotton, Mr. Pell, and Mr.
Kennedy* :
S. 319. A bill relative to the oil Import
program. Referred to the Committee on
Finance.
NEW ENGLAND STATES FUEL OIL ACT
Mr. RIBICOFF. Mr. President, each
winter, homeowners in New England face
a critical shortage of home heating oil
for their homes. The situation this year
promises to be worse than ever and to
cover more States than ever.
The Midwest and Rocky Mountain
States already have suffered from a
shortage of fuel resulting in school clos-
ings and shortened workdays. New Eng-
landers, who rely almost completely on
home heating oil as their source of heat,
have lived with similar conditions for
years. The seriousness of the crisis in the
region has only depended on the
severity of the winter.
Extremely cold weather has now hit
Connecticut and its neighboring States.
The present supply of home heating oil
may be insufBcient for the area's needs.
In order to counter that possibility I am
today Introducing the New England
States Fuel Oil Act. If enacted, this legis-
lation would insure the homeowners of
New England a reliable and less expensive
supply of this vital fuel.
The present oil Import quota program,
which restricts the importation of crude
oil and finished products, is the malr>
reason for past, present, and future
shortages. By all reasonable estimates.
New England could use up to 90,000
barrels per day of No. 2 home heating oil.
Nevertheless, Oil Import District No. 1
which encompasses the entire east coast
Including New England is limited to only
45.000 barrels per day.
The situation is further aggravated by
the fact that the independent dealer-
distributors, which sell over 70 percent
of the home heating oil in New England,
cannot get enough fuel to meet their cus-
tomer's demands. The quota system,
which freezes imports at the 1957 level
and allocates them according to import
history, penalizes the independents and
gives most of the imports to the major
integrated oil companies. Thus the in-
dependents are forced to rely on their
much larger competitors for an adequate
supply. Moreover, since the major com-
panies find gasoline and other refined
products to be more profitable, they have
no incentive for increasing sales of home
heating oil to New England.
In addition to the supply shortage. New
Englanders pay higher prices for their
fuel oil than any other section of the
Nation. In fact, the cost of home heating
oU In Hartford, Conn., is often the high-
est In the Nation. It has been estimated
that the oil import program costs a Con-
necticut family of four over $120 every
year in unnecessary expenditures.
"U
I
CONGRESSIONAL RECORD — SENATE
The obvious solution to the problem
lb the abolitiCHi of the present oil import
] )rogram. For years the only advocates of
I uch an approach were Senators and
I ;:ongre&smen from New Englsmd. But, in
.970 President Nixon's Task Force on
Dil Import Control reached the same
lonclusion. Unfortunately, the task
drce's recommendations were buried by
he Whit€ House.
After being petitioned constantly by
nyself and other Members of Congress
rom New England, President Nixon last
rear made a token gesture by siispend-
ng for 4 months ending April 30 the re-
luirement that No. 2 fuel oil be pur-
^ased only in the Western Hemisphere.
Jnfortimately, that was too little and
oolate.
The homeowners of Connecticut and
lew England should not have to rely
ach winter on last minute emergency
)rograms. Unless steps are taken to in-
ure the independent dealer of a low
;ost, year-round supply of fuel oil the
ianger of serious shortages will con-
inue to exist.
Recognizing that it Is unlikely that
;he eiftire oil import program will be
ibolished any time in the near future,
he bill I introduce today will make a
unall but important dent in it by with-
irawing home heating oil from the pro-
fram's controls.
Title I of the New England States Fuel
Oil Act would allow the uncontrolled
mportation of No. 2 home heating oil
nto the six New Eiigland States. Just
IS the west coast States, with their spe-
cial problems have a separate oil dis-
trict so would the New England States.
Under this provision the independent
mporters and retailers would be able
to end their reliance on the major oil
:ompanies and finally be able to seek
3ut overseas suppliers and guarantee
themselves and their customers of a
proper supply of fuel.
■ntle n of the bill removes the tariff
on all oil imports into the United States
from non-Communist nations. The re-
moval of the tariff would reUeve con-
sumers of a S90 million burden they have
suffered each year.
Finally, title m would direct the Sec-
retary of State to enter into negotia-
tions with Canada for the establishment
of a "Northeast Regional Oil Area." This
would aUow free trade in petroleum be-
tween the New England States and the
eastern provinces of our northern neigh-
bor.
For too many winters homeowners in
Connecticut and the other New England
States have had to hve with the fear
that they might run out of fuel to heat
their homes. This tlireat will continue
until the present discriminatory import
program is dismantled. The first positive
step in this direction should be the ex-
peditious enactment of the New England
States Fuel Oil Act.
I ask imanimous consent that the text
of the act be printed at tiiis point in
the Rbcord. and that two recent articles
in the Wall Street Journal be printed
following the bill.
There being no objection, the bill and
articles were ordered to be printed in the
Record, as follows :
I ^
' S. 319
Be it enacted by the Senate and House of
Representatives of the United States of Amer-
ica in Congress assembled, That this Act may
be cited as the "New England States Fuel Oil
Act of 1973".
TITLE I
Sec. 101. The Congress finds that —
(1) the availability of fuel oil for resi-
dential heating at reasonable prices should
be assured throughout the United States;
(2) adequate supplies of home beating oU
at reasonable prices are essential to the
health, safety, and economic development
of the New England States;
(3) a major cause of the comparatively
higher prices for home heating oU in the
New England States is the limitation on Im-
ports of petroleum and petroleiim products
established by Presidential Proclamation
3279, as amended (the oil Import program);
(4) whUe reasonable limitation of Imports
of petroleum and some petroleum products
is necessary to the national security, meas-
ures must be taken to assure an adequate
supply at reasonable prices of home heating
oil within the New England States;
(5) the special supply and demand rela-
tionships for petroleum and i>etroleum prod-
ucts existing in States along the west coast
have required creation of a separate Import
control system for that area (Petroleum Ad-
ministration for Defense District V);
(6) the special supply and demand prob-
lems relating to home heating oil In the New
England States requires creation of a sep-
arate Import control system for that area.
Skc. 102. For the purpose of this Act —
(1) the term "home heating oil" means
number 2 fuel oU;
(2) the term "New England States" means
the States of Maine. New Hampshire, Ver-
mont, Massachusetts. Connecticut, and
Rhode Island.
Sic. 103. After the effective date of this
Act, no quantitative limitations under the
authority of section 232 of the Trade Expan-
sion Act of 1962 (19 U.S.C. 1862) or other
Import restrictions ahaU be imposed on the
Importation of home heating oil Into the
New England States.
TITLE n
Effective with respect to articles entered,
or withdrawn from warehouse, for consump-
tion on or after January 1, 1972, items 475.05,
475.10 476.25, 475.30, 475.35. 475.40, 475.45,
475.55, 475.60, and 475.65 of the Tariff Sched-
ules of the United States are each amended
by striking out the matter in rate column
numbered 1 and Inserting in lieu thereof
"Free".
TITLE m
Sec. 301. The Secretary of State Is au-
thorized and directed to enter Into negotia-
tions with the Government of Canada for
establishment of a "northeast regional oil
area" consisting of eastern Canada and the
New England States. The purpose of such
negotiations Is the elimination (within such
area) of all restrictions on trade in petrol-
eum and petroleum products between the
United States and Canada to effectively pro-
vide finished petroleum products at a reas-
onable cost, consistent with the national
security.
Sec. 302. Within twelve months of the
effective date of this Act, the Secretary of
State shall report to the Congress on the
results of such negotiations and each year
thereafter untU such negotiations shaU have
been successfully completed.
[Prom the Wall Street Journal, Jan. 9, 1973)
FuEL-On. Shobtace Nears the CamcAL Stage
In Parts of Nation as Temperatdres Drop
Low temperatures are depleting already-
sh6rt fuel oU supplies to near -critical levels
In parts of the nation.
In Denver, where temperatures have been
hovering around zero at night, some schools
January 11, 1973
are open only part-time &nd the Qardner-
Denver Co. plant Is closed because of a lack
of fuel. On Midwest waterways, grain ship,
ments are stalled because not enough fuel
is avaUable to move them. And in the Boston
area, fuel-oil suppliers and terminal operatoii
report they're in desperate straits.
"We're living from sh^-to-ahlp delivery,"
Herbert Sostek, executive vice president of
Gibbs Oil Co., R«vere, Mass., said. "If this
weather keeps up, there wlU be a real clamor-
ing for oU in about seven days.
So far, at least, suppliers have been able
to keep up with bome-heatlng requirements
for fuel oU. But much depends on the
weather. And in Washington, government
officials were pessimistic on the outlook for
the next several days.
The Office of Emergency Preparedness,
which Is coordinating federal fuel-supply
efforts, cautioned that weather predictions
Indicate temperatures for the next five days
in the Midwest will average 10 degrees below
normal. Nationwide the five-day forecast is
for temperatures five to 10 degrees below
normal. "That means a lot more fuel con-
sumption; nothing could be plainer," a
spokesman for the OEP, said.
ANOTHZB dark factor
Government officials also see another dark
factor in the fuel outlook. They fear a Penn
Central Railroad strike may be inevitable and
that it will compound the tightening fuel
supply problem, particularly in the Midwest,
where shortages and cutbacks have already
developed.
The OEP spokesman said it has been ad-
vised by the Interstate Commerce Commis-
sion that a settlement of the conflict between
the carrier and the United Transportation
Union before the 12:01 a.m. Friday deadline
is unlikely. (The UTU called for the strike
after Penn Central announced pl<.ns for a
unUateral cut in train crew size.) The OEP
spokesman added that the railroad carries
some fuels and large amounts of coal for
utilities. If the utilities couldn't get coal,
they'd have to nin on fuel oil, the spokesman
said.
The Nixon administration Is proceeding
with previously announced plans to expand
the oil import prog^ram so that more fuel
oil — specifically No. 2, the main home-
heating oil — can be brought into the U.S.
Federal agencies tUso are trying to round up
emergency supplies of fuel for the hardest-
hit areas.
Over the weekend, the OEP, the Interior
Department and the Colorado Public Utilities
Commission collected 258,000 gallons of fuel
oil so Denver's public schools could open, if
only part-time, this week.
Last night, the Interior Department ordered
the release of Imported jet fur' held in bond
in New York to prevent a threatened close-
down of some airline operations at Kennedy,
LaGuardla and Newark airports.
other cxjtbacks
Airlines as well as railroads and other
transporters face cutbacks in parts of the
Midwest. Standard OU Co. (Indiana) an-
nounced yesterday that it is reducing fuel
oil deliveries to commercial customers by
25% In the central Midwest states, excluding
Wisconsin and Illinois.
An Indiana Standard spokesman said com-
mercial customers including rail, airline,
trucking and utility companies will receive
deUveries cut to 75<7c of those of January
1972.
Several other oil companies also have re-
cently rationed fuel oil to their customers,
generally giving them as much, but not
more, than they received a year ago. Shell
Oil Co. has notified its regular customers they
can count on supplies only equal to what they
ordered last year. Shell also is declining to
take on new fuel oil customers.
Exxon Corp., formerly Standard OU Co.
(New Jersey), said It has asked heating oil
January 11, 1973
CONGRESSIONAL RECORD — SENATE
765
ijgtrlbutors in the Carollnas to temporarily
reduce their inventories to alleviate what the
company calls a "temporary supply problem"
In that area.
Kixon and other major oil companies said
they are producing more heating oil this
winter than last. Latest refining statistics
jupport their point. In the week ended Dec.
j9 the nation's refiners processed nearly 21
miuion barrels of No. 2 fuel, up from 18.9
million barrels in the year-earUer period.
hardly enough
This is hardly enough, however, to keep
pace with the increasing demand for No. 2
tuel. Home-heating oUs are being consumed
St t rate nearly 7% higher than last winter,
and No. 2 fuel is being burned at a weekly
rate of 28 mlUlon barrels while the refiners
are turning out 21 million barrels weekly.
As a result, stocks of No. 2 fuel have plum-
meted to less than 160 million barrels, over 34
milUon barrels below the level of a year ago
when inventories were considered satisfactory
for only a "normal" winter.
Petroleum refiners say they are operating
at capacity. But government officials monitor-
ing supplies aren't convinced the oU industry
18 doing all It shotild to prevent shortages.
OEP Director George A. Lincoln has been
urging refiners to Increase their No. 2 out-
put even more.
[Prom the Wall Street Journal, Jan. 11, 1973]
fniL Oil Pinch Tightens; Texaco Sets
Rationing Below Year -Ago Levels
New York. — ^The nation's fuel oU supplies
continued to shrink, and another major oU
con^any began rationing deliveries.
Stocks of light fuels, or distillates used
largely for home heating and industrial pur-
poses, declined nearly 4.8 million barrels to
164.4 million barrels In the week ended last
Friday, the American Petroleum Institute re-
ported. That is less than sU weeks' supply at
present rates of consumption and 36 million
barrels below year-earlier inventories.
Citing the general tightness In supply, Tex-
aco Inc. said it had begun allocating supplies
of distillate fuels to customers. Included in
the allocations, the company said, are home
heating oils, kerosene, diesel fuel and aviation
jet fuel.
Texaco, which Is the nation's biggest gaso-
line marketer, also ranks among the largest
suppliers of distillates. It declined to say how
much it was cutting back deliveries <yt what
fuels might be reduced the most.
Vtost other major oil companies that have
gone on an allocation basis in recent days are
holding deliveries to established customers
at year-ago levels. Texaco, Indicated, however,
that it was reducing deliveries on some fuels
below your-earller amounts.
HAKDSHIF CASES CITED
"Because of varied supply-and-demand
patterns," the company said, "allocations wiU
vary, depending upon the type of fuel used
and the supply location involved." Texaco
•dded, however, that it will attempt, "to the
best of our ability," to maintain essential
supplies to schools, hospitals and other
places where lack of fuels would create un-
usually severe hardships.
"The allocation program results from a
general shortage of middle distillate fuels
and is in the face of dwindling domestic
crude oil production, unreasonable import
restrictions on major refiners and other fac-
tors beyond our control," Texaco said.
The company contended that a solution to
"tWs current crUls in middle distillate sup-
ply" was being hampered by "Inequitable oil
•mport regulations, by unrealistic environ-
mental restrictions and by restrictive price
controls on heating oils, natural gas and
crude oU."
"OTHEB factors" BLAMED
Texaco said Its refineries had been produc-
ing as much of dlstlUates as possible since
early fall. "But other factors," the company
asserted, "have restricted production of mid-
dle dlstlUates and prevented us from keep-
ing pace with unusuaUy strong Increases In
demand."
Other major oU companies that have gone
to allocations of dlstUlates Include Shell Oil
Co. and MobU OU Corp. This week. Standard
OU Co. (Indiana) announced it was reducing
fuel oil deliveries to commercial customers
25% in some Midwest areas.
According to the American Petroleum In-
stitute report, the nation's refineries, operat-
ing at 89.4% of capacity, produced 21.5 mil-
lion barrels of light fuels in the Jan. 5 week,
507,000 barrels more than the preceding
week and 3.1 miUion barrels more than a
year earlier.
This has been hardly enough, however, to
keep up with dlstUlate demand, which has
been Increased sharply by cold weather over
much of the country.
By Mr. JAVITS:
S. 320. A bill to amend title n of the
Social Security Act, to provide that, for
purposes of the provisions thereof relat-
ing to deductions from benefits on ac-
count of excess earnings, there be dis-
regarded, in certain cases, income derived
from the sale of certain copyrights,
literary, musical, or artistic compositions,
letters or memorandums, or simUar prop-
erty. Referred to the Committee on Pi-
nance.
exemption FBOM social SECmUTT OF INCOME
received BT ARTISTS AND COMPOSERS
Mr. JAVITS. Mr. President, I rise to
introduce a bill to amend the Social Se-
curity Act with respect to exclusion of
certain income received by artists and
composers from the sale after age 65 of
works created prior to their reaching age
65.
This measure is similar to the bill, S.
961, which I introduced in the last Con-
gress and which was included as section
143 of H.R. 1, the revisions to the Social
Security Act, which passed the Senate
on September 5 last year. Unfortunately,
this provision was lost in conference and
must now be considered anew.
The Social Security Act now provides
that individuals 65 years and over who
are receiving royalty income attributable
to copyrights or patents obtained before
age 65 may exclude such income from
their gross income in determining their
social security entitlement.
The bill I am introducing today ex-
tends the provision to artists and com-
posers who sell imcopyrighted works;
thereby placing them on an equal basis
with artists and composers receiving
royalty income from copyrighted or
patented works. The burden of proof re-
mains uix)n the individual artist or com-
poser to establish to the satisfaction of
the Secretary of Health. Education, and
Welfare when the art work, or composi-
tion, was created and when sold.
Although no precise estimates are
available as to the number of individuals
who would become eligible under this
amendment, it should be noted that, in
order to be eligible, an individual author
or artist must have created the work
prior to age 65; and that he must remain
inactive past age 65 so that his outside
income does not exceed $2,100, the figure
at which social security benefits are re-
duced. Estimates of the numbers of art-
ists taking advantage of the present
royalty-income exclusion range in the
low hundreds.
Thus, we are talking about a relatively
few individuals out of almost 28.1 milhon
social security recipients.
This proposal should be relatively easy
to administer. By placing the burden of
proof upon the individual we have fol-
lowed the pattern of the 1965 amend-
ments to the Social Security Act. The in-
dividual is thus required to prove hla
claimed exclusion to the Secretary's
satisfaction consistent with existing law.
Finally, the Secretary already has gen-
eral rulemaking powers under the law
with which to establish an orderly pro-
cedure for individuals claiming the right
to exclude income under this amend-
ment.
I hope, Mr. President, that the Con-
gress will favorably consider this pro-
posal to correct an inequity in the law
which penalizes older artists and com-
posers at a time when they are living
upon modest fixed incomes and depend-
ent upon social security benefits.
I ask unanimous consent that the bill
be printed in the Record at this point.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
s. 320
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That section
203(f)(6) of the Social Security Act is
amended by inserting after subparagraph
(D) the following new subparagraph:
"(E) For purposes of this section, there
shall be excluded from the gross income of
any Individual for any taxable year the gain
from the sale or other disposition, during
such year, of any property of such individual
which U not, by reason of the provisions of
section 1221 (3) (A) or (B) of the Internal
Revenue Code of 1954, a capital asset of such
individual as a taxpayer If —
"(1) such individual attained age 65 on or
before the last day of such taxable year; and
"(11) such individual shows to the satis-
faction of the Secretary that such property
was created by him or (in the case such
property consists of a letter, memorandum,
or similar property) was prepared or pro-
duced for him prior to the date such In-
dividual attained age 65."
Sec. 2. The amendment made by this Act
shall be effective In the case of taxable years
beginning after December 31, 1972.
By Mr. TAFT:
S. 321. A bill to exclude from gross
income the first $500 of interest received
from savings accoimt deposits in lending
institutions. Referred to the Committee
on Finance.
SAVINGS ACCOtTNT DEPOSITS
Mr. TAFT. Mr. President, in order to
meet the Nation's housing needs of the
1970's, it is essential that there be an
adequate supply of mortgage money for
home loans. We have been extremely
fortimate in this regard over the past
few years. As of late November, the 1972
mortgage lending volume of $60 billion
was up 30 percent over the 1971 pace.
This accomplishment in large part fa-
ciUtated the second record-breaking year
in a row for housing construction.
Despite the progress we have made,
however, there is still a danger that
housing will suffer if money becomes
tight again. We know from past experi-
ence that when interest rates rise, a
766
CONGRESSIONAL RECORD — SENATE
January Ji, igy^
large volume of funds Is diverted from
lome mortgages to other investments.
1 believe that high mortgage interest
rates can be averted. This can be done
in large part by encouraging people to
leposit more money in institutions which
cjonsistently specialize in home mort-
gages. Savings and loan Institutions in
Darticular have provided approximately
15 percent of all home loan money in the
Dnited States.
Today I am introducing for appro-
priate reference, a measure aimed at
strengthening the mortgage market in
ills way. My legislation would exclude
rem gross income for tax purposes the
arst $500 of interest received from sav-
jigs account deposits in lending institu-
tions. In all fairness it should be pointed
Dut that exempting the first $500 of earn-
ings paid to savers would mean an initial
OSS to the U.S. Treasury of more than
H.5 billion annually. Tax losses, how-
;ver, would be counter-balanced by in-
:reased tax receipts as a result of ad-
iitional employment and income in the
auilding-related trades, as well as a re-
iuction in the need for costly Federal
lousing subsidies. The result of encour-
iging Americans to initiate, build up,
ind maintain savings accounts will be
considerably reduced mortgage interest
•ates and a much less volatile supply of
unds lor housing.
This legislation is all the more timely
n view of the recently announced cut-
sacks in housing programs. Because less
)f our taxpayers" money will be chan-
leled into housing subsidies, private in-
iustry must assume greater responsi-
jility for providing adequate and afford-
ible housing for low- and moderate-in-
come groups. I am confident that the
lousing industry can move in this di-
•ection, but only to the extent that in-
erest rates for home loans are reason-
ible. A reduction of perhaps 2 to 3 per-
cent in prevailing mortgage interest
•ates as a result of this bill would thus
•epresent a major step forward as we
itrive to meet the housing challenge.
I ask unanimous consent that the bill
)e printed in the Record at this point.
There being no objection, the bill was
)rdered to be printed in the Record, as
oUows:
8. 321
Be it enacted by the Senate and House of
iepresentatives of the United States of
imerlco in Congress assembled, That part
II of subchapter B of chapter 1 of the In-
emal Revenue Code of 1954 (relating to
terns specifically excluded from gross In-
come) Is amended by redesignating section
23 as section 124 and by Inserting after sec-
ioa 122 the following new section:
' Sec. 123. Dividends from Savings Accoxtnt
Deposits in Lending Institd-
TIONS.
■*(a) General Rule. — Gross income does
1 lot Include amounts received by. or credited
i o the account of, a taxpayer as dividends or
I nterest on savings deposits or withdrawable
I avlngs accounts In lending Institutions as
1 his term Is defined by section STi of part I
('f subchapter H of chapter 1 and <>< section
191 of part n of subchapter H of chapter 1.
"(b) LiMrrATiON. — The exclusion allowed
1 o each taxpayer under this section shall In
1 he aggregate not exceed $500 for any taxable
; ear, and shall be allowed only once for tax-
] layers filing a Joint return."
Sec. 2. The amendments made by this Act
i hall apply only with respect to taxable years
ending sifter the date of enactment of this
Act.
By Mr. SCHWEIKER:
S. 322. A bill to amend the Fair Pack-
aging and Labeling Act to provide for
the establishment of national standards
for nutritional labeling of food commodi-
ties. Referred to the Committee on Com-
merce.
NUTRITIONAL LABELING ACT OF 1973
Mr. SCHWEIKER. Mr. President, I in-
troduce for appropriate reference a bill
to amend the Fair Packaging and Label-
ing Act to provide for the establishment
of national standards for nutritional
labeling of food commodities.
As a member of the Senate Select Com-
mittee on Nutrition and Human Needs, I
have been concerned for some time about
the problems confronting consumers in
attempting to select foods which are
healthful and nutritious. Most people
generally understand that there are four
basic food groups from which we make
our selections, but we know very little
about the specific nutritional values in a
particular lood.
I think, for example, that most con-
simaers would be surprised to learn that
a quarter pound of cooked ground round
contains more protein, less fat, less
calories, and is generally more nutritious
than a quarter pound of sirloin steak.
Similarly, how many consumers would
know that one cup of spaghetti contains
less calories than twc cooked frankfurt-
ers? Without nutritional labeling, very
few homemakers would know that one
wedge of cheese pizza contains as much
protein as an egg and far less calories
than a quarter-pound of hamburger.
Watermelon is another surprising exam-
ple, supplying half the daily requirement
of vitamins A and C.
The point I am making is that with-
out some organized system of compar-
ing various types of foods, consumers
simply carmot tell either which foods
are more nutritious than others or how
much of a particular nutrient is provided
in a normal serving of a specific food.
In September 1971, a Washington,
.D.C., supermarket chain. Giant Food,
Inc., in cooperation with the Food and
Drug Administration, initiated a testing
program on nutritional labeling. The pro-
gram was developed by a committee of
consumer, industry, and govemmment
representatives and nutritional experts
headed by Dr. Jean Mayer, professor of
nutrition at Harvard University and
Chairman of the White House Confer-
ence on Food. Nutrition and Health.
Since then a number of other super-
market chains and individual food com-
panies have voluntarily established their
own nutritional labeling programs. The
results of these programs have been very
encouraging. Consumers have indicated
that they do want and will use nutri-
tional labeling.
I believe that this is something which
has been needed for a long time. It is
vital, too, that a single, consistent na-
tional program be adopted so that con-
sumers can use a single system to com-
pare many different types of foods. The
system used in one testing program, for
example, provides a rounded percentage
of recommended daily allowance for each
of 10 elements provided by a normal
serving of food. A rating of "1," for ex-
ample, Indicates that there is at least 10
percent of the recommended dietary al-
lowance of a certain element within that
particular portion. Similarly, a rating of
"5" means that 50 percent of the recom-
mended daily allowance is provided. The
result is that it is very easy for a con-
sumer to add up the nutrients provided
in the various servings of food during the
day to determine whether the recom-
mended dietary allowances are being
met.
The bill I am introducing today, the
Nutritional Labeling Act of 1973, is de-
signed to assist consumers by requiring
that Information relating to the nutri-
tional value of food commodities is in-
cluded on the label of such commodities.
Any person engaged in the packaging or
labeling of any food commodity for dis-
tribution in commerce, and wholesale or
resale food distributors who prescribe or
specify the maimer in which food is
packaged or labeled, would be respon-
sible for seeing that the label contains
the information required.
The Secretary of Health, Education,
and Welfare would promulgate regula-
tions after consulting with the National
Academy of Sciences as to the specific
types of nutrients which should be listed
on the label.
If there is a representation on the label
as to the number of servings contained in
the package, the label must provide a
breakdown of the nutritional value of
each serving. My bill would also permit
the Secretary of Commerce to request
various manufacturers, packers, and dis-
tributors to get together and develop a
single voluntary standard label for this
purpose.
As I have indicated, each label would
specify the nutritional value of the food
contained in the package. The nutri-
tional value would be expressed in terms
of the relationship of the amount of each
nutrient contained in the food to the
total recommended daily requirement of
each such nutrient required to maintain
a balanced diet.
The term, "nutrient" includes protein,
vitamin A, the B vitamins — thiamin
riboflavin, niacin — vitamir C, carbo-
hydrates, fat, CEilories, vitamin D, cal-
cium, iron, and such additional nutrients
as may be prescribed by regulation.
I believe this legislation can provide an
invaluable aid to consumers in trying to
determine what and how much to eat.
Testimony before the Select Committee
on Nutrition and Human Needs has
pointed out time and time again that
we have serious problems of nutrition
not only among our low-income citizens,
but also in families which can afford to
purchase almost any food commodity
available. This is a nutritional education
problem. Without having a simple sys-
tem to guide us to what nutrients are
contained in the foods we eat. it is vir-
tually impossible for us to know whether
we are getting enough of a particular
nutrient, or too much. This applies not
only to vitamins and minerals, but also
to protein, fat. carbohydrates, and cal-
ories.
My legislation will provide for a sim-
ple, imlform system which all consumers
can easily use. Testing programs are
showing that this can be done. For the
January 11, 1973
CONGRESSIONAL RECORD — SENATE
767
health and welfare of all of our citizens,
it is time to expand this program na-
tionwide.
I am pleased to see that the Food and
Drug Administration Is now in the final
stages of preparing regulations to provide
for nutritional labeling nationally. Since
they have not yet been published, I am
uncertain as to the final form these reg-
ulations will take, but I will be very in-
terested in reviewing them. If a good na-
tional nutritional labeling program can
be established by regulations, legislation
may not be necessary. Any such regula-
tions, however, must assure that the in-
formation provided by the labels is suf-
ficient to meet the needs of consumers
today.
Mr. President, I ask tmanimous con-
sent that the text of the Nutritional
Labeling Act of 1973 be printed in the
Record at this point.
There being no objection, the bill was
ordered to be printed In the Record, as
follows:
S. 322
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "Nutritional Label-
ing Act cf 1973".
Sec 2. The Fair Packaging and Labeling
Act (15 U.S.C. 1451-1461) Is amended as fol-
lows—
(1) by inserting "TITLE I— FAIR PACK-
AGING AND LABELING" immediately above
the heading of section 2;
(2) by redesignating sections 2 through 5
as sections 101 through 104, respectively;
(3) by striking out "section 3" In section
103(a), as redesignated by clause (2) of this
section, and inserting In lieu thereof "sec-
tion 102";
(4) by striking out "section 6" in section
103(b), as redesignated by clause (2) of this
section, and Inserting In lieu the thereof
"section 301";
(5) by striking out "section 4" and "section
2" in section 104(b), as redesignated by
clause (2) of this section, and inserting in
lieu thereof "section 103" and "section 101".
respectively;
(6) by striking out "section 4" In section
104(c), as redesignated by clause (2) of this
section, and Inserting In lieu thereof "sec-
tion 103"; and
(7) by adding immediately after section
104. as redesignated by clause (2) of this
section, the following new title :
"TITLE II— NUTRITIONAL LABELING
"STATEMENT OF FINDINGS AND PURPOSE
"Sec. 201. (a) The Congress finds that —
"(1) food consumption patterns in the
United States are undergoing significant
changes: and
"(2) the labeling on the packages of all
food commodities should be required to
cloarly and accurately Indicate the nutrition-
al value of such commodities and thus fa-
cilitate maintenance of a nutritionally bal-
anced diet.
"(b) It is, therefore, the purpose of this
Act to assist consumers of food commodities
by requiring that information relating to
the nutritional value of food commodities
be included on the label of such com-
modities.
"PROHiBrnoNS
"Sec. 202. (a) It shall be unlawful for any
person engaged In the packaging or labeling
of any food commodity for distribution In
commerce, or for any person (other than a
common carrier for hire, a contract carrier
for hire, or a freight forwarder for hire)
engaged in the distribution In commerce of
any packaged or labeled food commodity, to
distribute or to cause to be distributed In
commerce any such commodity if It Is con-
tained In a packtige. or if there Is affixed to
that commodity a label, which does not con-
form to the provisions of this title and regu-
lations promulgated under the authority of
this title.
"(b) The prohibition contained in sub-
section (a) shall not apply to persons en-
gaged in business as wholesale or retail food
distributors except to the extent that such
persons (1) are engaged In the packaging
or labeling of such food, or (2) prescribe or
specify by any means the manner In which
such food is packaged or labeled.
"Labeling requirements
"Sec. 203. (a) No person subject to the
prohibition contained la section 202 shall
distribute or cause to be distributed in com-
merce any packaged or labeled food com-
modity except In accordance with regulations
which shall be prescribed by the Secretary
of Health, Education, and Welfare pursuant
to this title. Such regulations shall require
that any food commodity distributed In in-
terstate commerce bear a label containing
a statement specifying the nutritional value
of the food commodity contained therein,
that the label on such commodity appear
In a uniform location on the package, and
that such label —
" (1) api>ear In conspicuous and easily legi-
ble type In distinct contrast (by typography,
layout, color, embossing, or molding) with
other matters on the package;
"(2) contain letters or numerals In type
size which shall be (A) established in rela-
tionship to the area of the principal display
found on the package, and (B) uniform for
all packages of substantially the same size;
"(3) be placed so that the lines of printed
matter Included In that statement are gen-
erally pskrallel to the base on which the pack-
age rests as it Is designed to be displayed;
and
"(4) bear a statement of the nutritional
value of each serving If the label appears on
a packaged food commodity which bears a
representation as to the number of servings
of the food commodity contained in the
package.
"(b) The Secretary may by regulations
require additional or supplementary words
or phrases to be used In conjunction with
the statement of nutritional values appear-
ing on the label whenever he determines that
such regulations are necessary to prevent the
deception of consumers or to facilitate value
comparisons &s to any food commodity.
Nothing In this subsection shall prohibit
supplemental statements, which are not
misleading or deceptive, at other places on
the package, describing the nutritional value
of the food commodity contained in such
package.
"(c) Whenever the Secretary of Commerce
determines that there is undue prolifera-
tion of methods of Indicating the nutritional
value of food commodities or reasonably
comparable food commodities which are be-
ing distributed In packages for sale at re-
tall and such prollleration unresisonably Im-
pairs the ability of consumers to make com-
parisons with respect to the nutritional val-
ues cf such food commodities, he shall re-
quest manufacturers, packers, and distrib-
utors of the commodities to participate in
the development of a voluntary product
standard (relating to nutritional values) for
such commodities under the procedures for
the development of voluntary product stand-
ards established by the Secretary of Com-
merce pursuant to section 2 of the Act of
March 3, 1901 (31 Stat. 1449. as amended; 15
U.S.C. 272). Such procedures shall provide
adequate manufacturer, packer, distributor,
and consumer representation.
"(d) If (1) after one year after the date
on which the Secretary of Commerce first
makes the request of manufacturers, pack-
ers, and distributors to participate in the de-
velopment of a voluntary product standard
as provided in subsection (c) of this section,
he determines that such a standard will not
be published pursuant to the provisions of
such subsection (c), or (2) such a standard
Is published and the Secretary of Commerce
determines that It has not been observed, he
shall promptly report such determination to
the Congress with a statement of the efforts
that have been made under the voluntary
■standards program and his recommendation
as to w"hether Congress should enact legisla-
tion providing regulatory authority to deal
with the situation in question.
•DEFINITIONS
"Sec. 204. For the purpose of this tltle^-
"(1) The term 'food commodity' means
articles used for food or drink for man or
other animals, and articles used for compo-
nents of any such article.
"(2) The term 'nutritional value' means
the amount of nutrients contained in the
food expressed in terms of the relationship
of the amount of each nutrient contained
In the food to the total recommended dally
requirement of each such nutrient required
to maintain a balanced diet as determined
by the Secretary of Health, Education, and
Welfare after consultation with the National
Academy of Sciences.
"(3) The term 'nutrient' includes protein
vitamin A, B Vitamins (Thiamin. Ribofla-
vin, Niacin). Vitamin C. Vitamin D, carbo-
hydrates, Pat, Calories, Calcium. Iron, and
such other nutrients as may be prescribed
by regulation."
Sec. 3. (a) The Pair Packaging and Label-
ing Act Is further amended bv Inserting
"■nTLE III— GENERAL PROVISIONS ' above
the heading for section 6, and by redesig-
nating sections 6 through 13 as sections 301
through 308, respectively.
(b) Section 301 of such Act, as redesig-
nated by subsection (a) of this section, is
amended by striking out "section 4 or 5 of
this Act" m subsections (a) and (b) and
Inserting in lieu thereof "section 103, 104 or
203 of this Act".
(c) Section 302 of such Act, as redesignated
by subsection la) of this section, is
amended —
( 1 ) by striking out "section 3" In subsec-
tion (a) and Inserting In Ueu thereof "sec-
tions 102 and 202"; and
(2) by striking out "sections 4 and 5' In
subsection (c) and inserting in lieu thereof
"sections 103, 104, and 203".
(d) Section 303 of such Act, as redesig-
nated by subsection (a) of this section, is
amended by striking out "section 5(d)" and
inserting In lieu thereof 'sections 104(d)
and 203(c)".
(e) Section 307 of such Act, as redesignated
by subsection (a) of this section, is
amended —
(1) by Inserting "and for the labeling of
the nutritional value of contents cf the
package of any food commodity covered bv
this Act" immediately after "Act" where it
first appears in that section: and
(2) by striking out "section 4" and insert-
ing in lieu thereof "sections 103 or 202".
Sec. 4. The Secretary of Health. Education,
and Welfare may by regulation postpone, for
a period of twelve months after enactment,
the effective date of this Act with respect
to any class or type of food commodity on
the basis of a finding t^at such a postpone-
ment would be in the public Interest.
By Mr. SCHWEIKER :
S. 323. A bill to amend the tariff and
trade laws of the United States, and for
other purposes. Fteferred to the Com-
mittee on Finance.
THE fair INTERNATIONAL TRADE ACT OF 1973
Mr. SCHWEIKER. Mr. President. I
introduce a bill to amend the tariff and
trade laws of the United States, and for
758
CONGRESSIONAL RECORD — SENATE
other purposes, and ask that it be ap-
p] oprlately referred.
This bill, with a few revisions, is identl-
CJl to a bill I introduced on June 15,
1 172, in the 92d Congress, 8. 3708.
This legislation is designed to mod-
el nize existing law regarding the regula-
ti )n of the dumping of foreign merchan-
dJse in the U.S. market, to make our
c( untervailing duty law more eSective,
tc provide for more liberal tariff adjust-
ment and adjustment assistance relief
for business and labor, and to provide
fcr private treble damage actions based
oil international price discrimination.
Diomping is basically a form of inter-
ni.tional price discrimination, under
w lich sellers subsidize low-price sales in
f c reign markets with high-price sales at
hdme. In other words, dumping is the
sale of a foreign product in the United
Slates at a price lower than the price
pievailing for the same product in the
e? porting country. Such sales, if they are
injurious to U.S. products, become sub-
je ;t to a dximping duty equivalent to the
diJerence between the market price
dc mestically and the lower export price
to the United States, after various ad-
justments are made. The reason this
cc untry has felt it appropriate to impose
ai , additional duty on such imports is to
neutralize the subsidization of low price
ej port sales by high profits received from
sa les in what is often a protected domes-
tic market of the exporting country.
Under existing law. there are two re-
qi irements essential for a dumping find-
ing:
First, a determination of sales at "less
ttan fair value" must be made by the
T]easury Department: and
Second, a determination of injury must
b< 1 made by the Tariff Commission.
The Bureau of Customs initially deter-
m nes whether the necessary price dlf-
fe rence exists. This finding is then con-
fi] med by the Secretary of the Treasury.
I ihould point out that the Treasury De-
partment has made changes in proce-
dixes in order to improve the handling
of antidumping cases. In addition, the
T easury Department has been more
liberal in making dimiping findings im-
dfr the Nixon administration than had
pi eviously been the case.
After Uie Treasury finds dumping has
CKCurred, the case is transferred to the
T irifl Commission for an investigation t»
d( termine whether American industry' is
b< ing injured. If such a finding is made,
dumping duties are assessed against the
pi oduct. Flecent Tariff Commission deci-
sl)ns have established that anjrthing
m ore than de minimus or immaterial in-
jtry to the U.S. Industry is sufficient.
The Antidumping Act was amended in
li 54 to limit Tariff Commission consid-
ei ation to 3 months. In 1958, it was fur-
tJ er amended to provide that a tie vote
b: the Tariff Commission constituted an
al Irmative finding of injury.
Although antidumping procedures are
b<ing streamlined, I believe legislative
cl langes are in order at this time.
Furthermore, I believe it is appropriate
tc revise existing provisions of the Tariff
A :t of 1930, the Trade Expansion Act of
li 62 and the Revenue Act of 1916 to ac-
C( mplish an overall modernization of our
la ws against unfair competition.
Let me make it clear that this bill does
not represent protectionist legislation. It
is not an attempt to hinder or prevent
legitimate foreign competition. Interna-
tional trade is a good thing, and I want to
encourage it. However, we are seeing in-
creasing efforts on the part of foreign
governments to subsidize their domestic
industries through a variety of mecha-
nisms. Foreign governments are teaming
up with industry to compete in our mar-
kets. Our firms axe faced with competi-
tion, then, not only from their counter-
parts overseas, but also from other
governments. This is improper, and un-
fair. This is what our laws were designed
to deal with. Unfortimately, since these
laws were enacted, circiunstances have
changed, and we now need legislative
changes to keep up with the times.
Title I of the Fair International Trade
Act of 1972, which amends the Anti-
dumping Act of 1921, contains the fol-
lowing major provisions :
First, the time limit for a tentative
LTF^ determination by Treasury is set
at 6 months. Currently, there is no statu-
tory timetable for reaching such a de-
cision, although imder new regulations
such proceedings are required to be com-
pleted within 6 months, or in more com-
plicated investigations, within 9 months.
Additional time may be taken under the
regulations if notice of that fact is pub-
lished in the Federtd Register. However,
this timetable is not binding on Treasury,
as the statutory limit would be.
Second, all proceedings and determi-
nations are made subject to the Adminis-
trative Procedure Act, and judicial re-
view is made available to all parties.
Third, since injurious price discrimi-
nation by U.S. companies selling in our
domestic market is a violation of our
antitrust laws, my bUl would bring the
basic injury standard of the Antidump-
ing Act of 1921 more in harmony with
the laws that govern domestic business
conducts by specifically incorporating
the Clayton act's line of commerce" and
"section of the country" market con-
cepts.
Fourth, the legislation would codify
the present Tariff Commission standard
with reference to the quantum of injury
required. That is, Tariff Commission de-
cisions have established that anything
more than de minimus or immaterial in-
jury to the U.S. industry is sufficient. The
legislation would incorporate this stand-
ard into law.
Fifth, the bill would codify the present
Tariff Commission causation standard
that LTFV imports need only be more
than a de minimus factor in bringing
about injury to the U.S. industry.
Sixth, my legislation would adopt re-
cent Tariff Commission decisions which
suggest that injury can be found where
there is a reasonable likelihood that
LTFV sales will cause future injury.
Title n contains amendments to the
Tariff Act of 1930 and Includes the fol-
lowing major changes:
First, the present provisions of the
Tariff Act of 1930, which provide for
coimtervalling duties equal to the amount
'of aixy bounty or grant given in a for-
eign country to subsidize exports to the
U.S. market. Is not as effective as it ought
to be because of often substantial delays
January 11, 197s
in enforcement. My bill would amend the
present law to require the Secretary of
the Treasury to make a determination
as to whether imported goods receive a
bounty or grant within 12 months after
the question is presented.
Second, while under present law coun-
tervailing duties can be imposed only
with respect to dutiable imports, my bill
would provide that countervailing duties
would be applicable to subsidized duty-
free imports if the Tariff Commission
determined that such subsidized imports
were injuring a domestic industry.
Third, the Secretary of the Treasury
would have discretion to impose counter-
vailing duties on articles subject to
quotas or to voluntary agreements limit-
ing exports to this coimtry.
Fourth, as under title I, the Clayton
Act's "any section of the country" and
"any line of commerce" concepts would
be applied in an effort to make foreign
competitors subject to the same kind of
laws domestic industries fall imder in
our marketplace.
Fifth, the size of the Tariff Commis-
sion would be increased from 6 to 7 and
their terms increased from 6 to 7 years.
The purpose of this provision is to de-
crease the hkelihood of tie votes, and to
enlarge and strengthen the Commission.
Title ni of the Pair International
Trade Act of 1972 contains amendments
to the Trade Expansion Act of 1962:
First, these provisions would expand
the President's authority to cope with
foreign import restrictions and other
discriminations against exports from the
United States. The President's authority
to impose duties or other restrictions
would be extended to products of any
country maintaining unjustifiable re-
strictions against any U.S. product, not
merely U.S. agricultural products, as
under present law.
My bill provides for a complaint pro-
cedure similar to that utUized in anti-
dumping, coimtervalling duty, and "es-
cape clause" cases. Any interested party
could request the Tariff Commission to
investigate restrictions against U.S. ex-
ports. The Tariff Commission would
then have 3 months to investigate, smd
within 3 months following an affirmative
Commission finding, the President would
be required to inform Congress of his
actions with regard to the situation.
Second, this bill would remove some
of the barriers to relief currently faced
by U.S. industries, individual firms and
groups of workers that have been injured
by imports. At the present time "escape
clause" — tariff sidjustment — relief is
available only when the Tariff Commis-
sion determines that as a result in major
part of concessions granted under trade
agreements, an article is being imported
in such increased quantities as to "cause
or threaten to cause" serious injury to a
domestic industry. My bill would liberal-
ize the causal connection that must be
shown between the increase in imports
and injiu-y to the domestic industry, and
would broaden the definition of increased
Imports. Although the bill would main-
tsun the present limitation of escape
clause action to imports which have been
the subject of prior U.S. trade conces-
sions, the bill would eliminate the neces-
sity of proving a causal connection
Januarij 11, 1973
CONGRESSIONAL RECORD — SEI^^TE
769
b^ween the tariff concession itself and
the increase in imports. In essence, these
provisions provide for relief where the
imports contribute substantially toward
causing and threatening to cause serious
injury to the domestic industry, whether
or not such increased imports are the
major factor or the primary factor caus-
ing the injury.
Third, the Tariff Commission's au-
thority to determine the nature and ex-
tent of relief granted in "escape clause"
cases would be increased. While under
present law. Tariff Commission findings
with respect to relief amoimt to little
more than recommendations to the Pres-
ident, my bill would require the President
to implement the specific tariff adjust-
ments determined by the Tariff Commis-
sion, unless he determined that such ac-
tion would not be in the national interest.
Fourth, more Uberalized standards for
obtaining adjustment assistance would
be available for workers and individual
firms. In addition, the level of adjust-
ment assistance for workers would be in-
creased from the present 65 percent of
average weekly wages to 75 percent of
such wages. This would help U.S. work-
ers, who generally have very little control
over their own fate in such situations,
by providing them with three-fourths of
their weekly wages.
Title IV of this legislation amends the
Revenue Act of 1916 by providing for a
practically available procedure for main-
taining private treble-damage actions
against international price discrimina-
tion in the form of dumping. Again, the
purpose is to subject offshore competi-
tors to essentially the same rules of busi-
ness conduct that are applied to domestic
companies in the U.S. marketplace.
I feel confident that because this bill
is directed against unfair trade practices
It will receive broad support on a bi-
partisan basis in Congress, and the sup-
port of both business and labor. This
legislation does not attempt to build a
protective wall around the United States.
Rather, it is designed to promote fair In-
ternational trade practices.
Mr. President, I ask that a title-by-
title analysis of the Fair International
Trade Act be printed at this point in the
Record.
There being no objection, the analysis
ordered to be printed in the Record, as
follows:
TnXE-BY-TlTLK ANAI.TSIS OF "THE PaIB
International Trade Act of 1973"
I. amendments to the antidumping act of
1921
Title I of the "Pair International Trade
Act of 1973" would amend the Antidumping
Act of 1921 to provide faster and more prac-
tical relief against dumping. Dumping Is es-
sentially a form of International price dis-
crimination, under which sellers subsidize
low-price sales In foreign markets with
higher-price sales at home. The Antidump-
ing Act of 1921 is Intended to protect U.S.
industries from Injury caused by foreign
companies dumping in the U.S. market.
Injurious price discrimination by U.S. com-
panies selling In the U.S. market is a viola-
tion of our antitrust laws. Title I of the
"Pair International Trade Act of 1973"
would bring the basic injury standard of
the Antidumping Act of 1921 more in har-
mony with the laws that govern domestic
business conduct by specifically Incorporat-
ing the Clayton Act's "line of commerce'.'
and "section of the country" market coB'
cepts.
A major problem that U.S. companies have
encountered over the years In attempting to
secure antidumping relief is inconsistency
In Tariff Commission Interpretations of the
Antidumping Act's Injury requirement. Title
I would add new subsections (d) and (e) to
section 201, to codify the Tariff Commis-
sion's more recent and realistic interpreta-
tions of the injury requirement. It wouW
also add a new subsection (f), which would
direct that related antidumping Investiga-
tions be consolidated, so that, where ap-
propriate, the Tariff Commission would
have before it evidence of the cumulative
effect of dumping from different foreign
sources.
Title I also addresses itself to one of the
most frustrating aspects of the Antidump-
ing Act from the standpoint of Injured U.S.
companies — delayed enforcement. Thus, Title
I would require the Secretary of the Treas-
ury to determine within four months after
Initiating an antidumping Investigation
whether there was reason to suspect dump-
ing and, if so, to issue a notice of with-
holding of appraisement. The Secretary
would also be required to Initiate a formal
Investigation within 60 days after receiving
a complaint unless his summary investiga-
tion Indicated the complaint was clearly not
meritorious.
Title I also would make the Antidumping
Act practically as well as theoretically ap-
plicable to dumping by sellers from con-
trolled economy countries, as to whom nor-
mal cost-price comparisons cannot t>e made.
Finally, Title I would amend the Anti-
dumping Act of 1921 to make avaUable to all
parties the procedural protections of the
Administrative Procedure Act, and to make
decisions by the Secretary of the Treasury
and the Tariff Commission subject to judicial
review on the petition of any interested
party. Under present law, aggrieved import-
ers and foreign sellers, but not VS. Indus-
tries, have standing to seek review,
n. amendments to the TAanr act of i»30
Countervailinu Duties. Chapter 1 of Title
n of the "Pair International Trade Act of
1973" would amend section 303 of the Tariff
Act of 1930, which provides for the Imposi-
tion of countervaUing duties equal to the
amount of any bounty or grant given in a
foreign country to subsidize exports to the
VS. market. As In the case of the present
antidumping statute, the effectiveness of
official action with respect to countervaUing
duties is often weakened as a result of sub-
stantial delays In enforcement. Chapter 1 of
Title n would amend the present counter-
vailing duty law to require the Secretary of
the Treasury to make a determination as to
whether imported foreign articles receive a
"bounty or grant" within twelve months
after the question is presented.
Chapter 1 of Title n would also make other
changes. Under present law, countervaUing
duties can be Imposed only with respect to
"dutiable" Imports. Chapter 1 would amend
the law to provide that countervailing duties
would be applicable to subsidized duty-free
Imports If the Tariff Commission determined
that such subsidized imports were Injuring
a domestic industry. Chapter 1 would also
clarify that subsidies by private companies or
Industries are encompassed by the statute.
Chapter 1 of Title n would also amend the
countervaUing duty provisions to grant the
Secretary of the Treasury discretion with re-
spect to the imposition of countervaUing
duties on articles subject to quotas or to
an agreement limiting exports to the United
States.
Plnally. Chapter 1 of Title II would, like
Title I, attempt to harmonize our foreign
trade laws with domestic antitrust law by
speclcally Introducing In appropriate con-
texts the Clayton Act's "any section of the
country" and "any line of commerce" con-
cepts. It would also harmonize the corre-
sponding Injury standards of the Antidump-
ing Act and the countervaUing duty law, as
amended, and would make avaUable proce-
dural protections and judicial review.
Tariff Commission. Chapter 2 of Title II
would amend the Tariff Act of 1930 to In-
crease the number of Commissioners from
six to seven and to Increase their terms
from six to seven years. The principal pur-
pose would be to decrease the likelihood of
tie votes and, at the same time, to enlarge
and strengthen the Commlsison.
m. amendments to the trade expansion act
OP 196a foreign import restrictions and
discrimination
Chapter 1 of Title III of the "Pair Inter-
national Trade Act of 1973" would expand in
several respects the Presidents power under
the Trade Expansion Act of 1962 to cope with
foreign Import restrictions and other dis-
criminatory actions against United States
exports. It would strengthen the sanctions
avaUable to the President in dealing with
particular foreign restrictions or discrimina-
tion currently recognized by the Trade Ex-
pansion Act of 1962. In addition. Chapter
1 woiUd extend the President's authority to
Impose duties or other Import restrictions
on the products of any country maintain-
ing unjustifiable import restrictions against
U.S. products, not merely U.S. agricultural
products, as under present law. It would
also require the President to Impose duties
or other restrictions on the products of coun-
tries whose governments provide subsidies
on thler exports to third counrles which
unfairly affect sales In those countries of
competitive US. products.
Chapter 1 also provides a complaint pro-
cedure for affected persons to bring to the
President's attention evidence of trade re-
strictions against VS. exports. The proced-
ure would be similar to that utilized In anti-
dumping, countervailing duty and "escape
clause" cases, and would allow any Inter-
ested party to request the Tariff Commis-
sion to Investigate whether particular ac-
tivities of a foreign country or instrumen-
tality constitute the kind of trade restric-
tions these provisions of the Act are directed
against. The Commission would have three
months to conduct its Investigation, and
within three months following an affirmative
Commission finding, the President would be
required to Inform Congress of his actions
with regard to these foreign restrictions.
The "Escape Clause". Chapter 2 of Title
m would amend the Tariff Adjustment and
Adjustment Assistance sections of the Trade
Expansion Act of 1962 to remove some of
the barriers to relief currently faced by
United States Industries. Individual com-
panies and groups of workers that have been
Injtired by Imports.
Under present law. "escape clause" (tariff
adjustment) relief — which consists of In-
creased duties, quotas or such other Import
restrictions as are necessary to prevent or
remedy serious Injury from Imports — is
avaUable only when the Tariff Commission
determines that as a result in major part
of concessions granted under trade agree-
ments, an article is being Imported in such
Increased quantities as to "cause or threaten
to cause" serious Injury to a domestic Indus-
try.
Chapter 2 of the "Pair International Trade
Act" would amend these crltierla by liberal-
izing the causal connection that must be
sho'wn between the Increase in imports and
Injury to the domestic Industry, and by
broadening the definition of Increased Im-
ports. In addition, while Chapter 2 would
maintain the present limitation of escape
clause action to imports which have been the
subject of prior U.S. trade concessions, the
bin would eliminate the necessity of prov-
CXIX-
-49— Parti
770
I
CONGRESSIONAL RECORD — SENATE
Ing a causal connection between the tariff
concession and the Increase In Imports.
Chapter 2 would make parallel changes in
the standards for obtaining adjustment as-
sistance by workers or firms, would permit
petition for adjustment assistance directly
to the President, and would increase the ad-
justment assistance benefits available to
workers who meet the amended Injury
standards.
In addition to liberalizing the standards
for obtaining "escape clause" relief by injured
U.S. Industries. Chapter 2 would also slg-
nlcantly Increase the Tariff Commission's
authority to determine the nature and extent
of the relief granted. Under present law.
Tariff Commission findings with respect to
relief amount to little more than recom-
mendations to the President. Chapter 2
would require the President to Implement
the specific tariff adjustments — or the spe-
cific Increases or extensions of prior adjust-
ments— determined by the Tariff Commis-
sion, unless he determined that such action
would not be in the national Interest. Chap-
ter 2 would also limit the President's au-
thority to reduce or terminate existing tariff
adjustments under the statute.
Other provisions of Chapter 2 Include a
definition of "domestic Industry" that pro-
vides for more equitable treatment of U.S.
multi-product or multi-Industry companies,
application of the Administrative Procedure
Act to Tariff Commission procedures under
the statute, and the availability to all inter-
ested parties of Judicial review from Com-
mission determinations.
IV. AMtNDMENTS TO THE REVXNUE ACT OF
1916
Title IV of the "Fair International Trade
Act of 1973 " amends the Revenue Act of 1916
to provide an additional deterrent to Inter-
national price discrimination — a practically
available procedure for maintaining private
treble damage actions. This Is accomplished
by amending the 1916 Act to permit private
recovery for injurious International price dis-
crimination without requiring the plaintiff
to prove specific unlawful Intent. Here again
the purpose is to subject off-shore competi-
tors to essentially the same business rules
that govern the conduct of domestic com-
panies.
The Revenue Act of 1918, though provid-
ing for treble damage recovery In certain
cases, has not provided an effective means of
discouraging International price discrimina-
tion or compensating those Injured by It.
The reason has been the Act's onerous In-
tent requirement. As amended by Title IV of
the "Pair International Trade Act of 1973 ",
the 1916 statute would become a more effec-
tive antitrust tool against International price
discrimination. Under the amendments, the
requirement of showing Injury to competi-
tion would be harmonized both with the
Antidumping Act of 1921 and the domestic
antl-prlce discrimination law. the Roblnson-
Patman Act.
Title rv would also amend the Revenue
Act of. 1916 by providing that decisions of
the Treasuiry Department and the Tariff
Commission in proceedings under the Anti-
dumping Act of 1921 would be given prima
facie effect in private suits under the 1916
Act. This Is a device borrowed from the Clay-
ton Act and. once again, is for the purpose of
hflxmonizlng domestic and foreign antitrust
trade policy.
The criminal provisions of the 1916 Act
would be retained and the penalty for viola-
tion Increased to »50,000, which Is the level
of fine that may be Imposed for violation of
domestic antitrust law. However, there
would be no criminal liability In the absence
of a willful violation of the statutory pricing
and Injury standards.
Mr. President. I ask that the complete
text of the Fair International Trade Act
of 1973 be printed at this point in the
Record.
There being no objection, the bill was
ordered to be printed in the Record,
as follows:
S.323
A, bill to amend the tariff and trade laws of
the United States, and for other purposes
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That this
Act may be cited as the "Fair International
Trade Act of 1973".
TITLE I— AMENDMENTS TO THE
ANTIDUMPING ACT OF 1921
Sec. 101. Section 201 of the Antidump-
ing Act of 1921 (19 use. 160) Is amended
to read as follows :
"dumping investication
'Sec. 201. (a) Whenever the Secretary of
the Treasury (hereinafter called the Secre-
tary) determines that a class or kind of for-
eign merchandise Is being or Is likely to
be sold In the United States or elsewhere
at less than its fair value, he shall so advise
the United States Tariff Commission (here-
inafter called the Commission ) . The Com-
mission shall determine within three months
after notification from the Secretary wheth-
er an Industry In the United States is being,
or Is likely to be, injured In any line of
commerce In any section of the country, or
Is prevented from l)elng established In any
line of commerce In any section of the coun-
try by reason of the importation of such
merchandise into the United States from
one or more foreign sources or countries.
The Commission, after such investigation
as It deems necessary, shall notify the Sec-
retary of its determination, and. If that
determination Is in the affirmative, the Sec-
retary shall make public a notice (herein-
after In this Act called a finding) of his
determination and the determination of
the Commission. For the purposes of this
subsection, the Commission shall be deemed
to have made an affirmative determination If
the Commissioners voting are evenly di-
vided as to whether Its determination should
be In the affirmative or In the negative.
The Secretary's findings shall Include a de-
scription of the class or kind of merchandise
to which it applies In such detail as he
shall deem necessary for the guidance of
customs officers.
"(b) In the case of any Imported merchan-
dise of a class or kind as to which the Sec-
retary has not so made public a finding, he
shall, within four months after the question
of dumping was raised by or presented to him
or any person to whom authority under this
section has been delegated —
" ( 1 ) determine whether there is reason to
believe or suspect, from the Invoice or other
papers or from information presented to him
or to any other jjerson to whom authority
under this section has been delegated, that
the purchase price Is less, or that the ex-
porter's sales price is less or likely to be less,
than the foreign market value (or. In the
absence of such value, than the constructed
value); and
"(2) If his determination is affirmative,
publish notice of that fact In the Federal
Register, and require, under such regulations
as he may prescribe, the withholding of ap-
praisement as to such merchandise entered,
or withdrawn from warehouse for consump-
tion, on or after the date of publication of
that notice In the Federal Register (unless
the Secretary determines that the withhold-
ing should be made effective as of an earlier
date In which case the effective date of the
withholding shall be not more than one hun-
dred and twenty days before the question of
dumping was raised by or presented to him
or any person to whom authority under this
section has been delegated) , untu the further
January li, 1973
order of the Secretary, or untU the Secretary
has made public a finding as provided for
in subsection (a) In regard to such merchan-
dise; or
"(3) if his determination is negative, pub-
lish notice of that fact In the Federal Reg-
ister, but the Secretary may within three
months thereafter order the withholding of
appraisement if he then has reason to be-
lieve or suspect, from the Invoice or other
papers or from Information presented to him
or to any other person to whom authority
under this section has been delegated, that
the purchase price Is less, or that the ex-
porter's sales price Is less or likely to be less,
than the foreign market value (or. in the
absence of such value, than the constructed
value) and such order of withholding of ap-
praisement shaU be subject to the provisions
of paragraph ( 2 ) .
For purposes of this subsection, the ques-
tion of dumping shall be deemed to have
been rasied or presented on the date on
which a notice Is published In the Federal
Register that Information relating to dump-
ing has been received in accordance with reg-
ulations prescribed by the Secretary, or on
the date sixty days after receipt of such In-
formation by the Secretary, whichever date
occurs earlier."
Sec. 102. Section 201 of the Antidumping
Act of 1921 (19 VS.C. 160) Is further amend-
ed by adding after subsection (c) of section
201 the following new subsections ;
■■(d) Injury to a domestic industry shall
be established, and the Commission shall
make an affirmative determination, when the
Commission finds that the sale of foreign
merchandise determined to have been sold
at less than its fair value has caused more
than de minimus or Immaterial Injury In any
line of commerce In any section of the
country.
"(e) The Commission shall render an af-
firmative determination of likelihood of in-
jury when it finds a reasonable likelihood
that Injury cognizable under subsection (d)
of this section will tend to occur by reason
of sales of the class or kind of foreign mer-
chandise Involved at less than its fair value.
"(f) The Secretary shall consolidate In a
single dumping investigation all complaints
received as of the institution of such investi-
gation and when Instituted on his own ini-
tiative all information available to him at
that time from the Invoice or other papers
regarding the same class or kind of merchan-
dise regardless of the number of Importers,
exporters, foreign manufacturers, and coun-
tries Involved."
Sec. 103. Section 205 of the Antidumping
Act of 1921 (19 U.S.C. 164), Is amended by
inserting "(a)" immediately after "Sec.
205.". and adding at the end thereof the
following new subsection:
"(b) If available information indicates to
the Secretary that the e<«nomy of the coun-
try from which the merchandise Is exported
Is state controlled to an extent that sales or
offers of sales of such or similar merchan-
dise In that country or to countries other
than the United States do not permit a de-
termination of foreign market value under
subsection (a), the Secretary shall determine
the foreign market value of the merchan-
dise on the basis of the normal costs, ex-
penses, and profits as refiected by either —
" 1 1 ) the prices at which such or similar
merchandise of a non-state-controUed-econ-
omy country Is sold either (A) for consump-
tion In the home market of that country, or
(B) to other countries, including the United
States; or
"(2) the constructed value of such or simi-
lar merchandise In a non-state-controUed-
economy country as determined under sec-
tion 206 of this Act.".
Sec. 104. Section 210 of the Antidumping
Act of 1921 (19 U.S.C. 169) is amended to
read as follows:
January 11, 197 S
CONGRESSIONAL RECORD — SEN ATE
771
"JUDICIAL REVIKW
•sec 210. (a) All Treasury and Commis-
sion proceedings under the Act shall be in
accordance with subchapter II of chapter 5
of title 5 of the United States Code. All final
determinations Issued by the Secretary or
the Commission shall be made on the records
made in the Secretary's investigation and
Commission investigation.
"(b) Any interested party shall be entitled
to seek In the United States Court of Cus-
toms and Patent Appeals judicial review of
questions of law relating to any final deter-
minations of the Secretary or the Commis-
sion under this Act. within thirty days after
Its publication In the Federal Register."
(e) The amendments of the Antidumping
Act of 1921. as amended, provided for herein
shall apply to all Investigations Instigated
by the Secretary on or after the expiration
of one hundred and eighty days from the
date of enactment of this Act and to all
Commission Investigations resulting there-
from.
TITLE II— AMENDMENTS TO THE
TARIFF ACT OF 1930
Chapter 1 — Countebvailing Duties
Sec. 201. Section 303 of the Tariff Act of
1930 (19 U.S.C. 1303) Is amended to read as
follows :
"Sec 303. Countervailing Duties.
"(a) Levy or Countebv ailing Duties. — (1)
Whenever any country, dependency, colony,
province, or other political subdivision of
government, or any private person, partner-
ship, association, cartel, or corporation, shall
pay or bestow, directly or Indirectly, any
bounty or grant upon the manufacture or
production or export of any article or mer-
chandise manufactured or produced In such
country, dependency, colony, province, or
other political subdivision of government,
then upon the Importation of such article or
merchandise Into the United States, whether
the same shall be Imported directly from the
country of production or otherwise, and
whether such article or merchandise Is im-
ported in the same condition as when ex-
ported from the country of production or
has been changed In condition by remanu-
facture or otherwise, there shall be levied
and paid, In all such cases. In addition to any
duties otherwise Imposed, a duty equal to the
net amount of such bounty or grant, however
the same be paid or bestowed. The Secre-
tary of the Treasury shall conduct an In-
vestigation and shall determine, within
twelve months after the date on which the
question is presented to him, whether any
bounty or grant U being paid or bestowed.
"(2) In the case of any Imported article
or merchandise which Is free of duty, duties
may be Imposed under this section only If
there is an affirmative determination by the
Tariff Commission under subsection (b)(1).
"(3 1 The Secretary of the Treasury shall
from time to time ascertain and determine,
or estimate, the net amount of each such
bounty or grant, and shall declare the net
amount so determined or estimated.
"(4) The Secretary of the Treasury shall
make all regulations he may deem necessary
for the Identification of such articles and
merchandise and for the assessment and col-
lection of the duties under this section. All
determinations by the Secretary under this
subsection and all determinations by the
Tariff Commission under subsection (b)(1),
whether affirmative or negative, shall be
published in the Federal Register.
"(b) iNJtTRY DETERMINATI0»>8 WITH RE-
SPECT TO Duty-Pree Merchandise; Suspen-
sion or Liquidation. — (1) Whenever the Sec-
retary of the "lYeasury has determined under
subsection (a) that a bounty or grant Is be-
ing paid or bestowed with respect to any
article or merchandise which Is free of duty,
he shall—
"(A) so advise the United States Tariff
Commission, and the Commission shall de-
termine within three months thereafter, and
after such Investigation as It deems neces-
sary, whether an Industry In the United
SUtes Is being or Is likely to be injured In
any line of commerce In any section of the
country, or Is prevented from being estab-
lished In any line of commerce In any section
of the country, by reason of the Importation
of such article merchandise Into the United
States; and the Commission shall notify the
Secretary of Its determination; and
"(B) require, under such regulations as he
may prescribe, the suspension of liquidation
as to such article or merchandise entered,
or withdrawn from warehouse, for consump-
tion, on or after the thirtieth day after the
date of the publication In the Federal Reg-
ister of his determination under subsection
(a)(1), and such suspension of liquidation
shall continue until the further order of the
Secretary or until he has made public an
order as provided for In paragraph i2) of
this subsection.
"(2) For the purposes of subparagraph
(A) Injury to a domestic Industry shall be
established, and the Commission shall make
an affirmative determination, when it finds
that the sale of foreign merchandise deter-
mined to have been sold at less than Its fair
value has caused more than de minimus or
Immaterial Injury In any line of commerce
In any section of the country.
"(3) For the purposes of subparagraph
(A) the Commission shall render an affirma-
tive determination of likelihood of Injury
when It finds a reasonable likelihood that
injury cognizable under subsection (2) of
this section wUl tend to occur by reason of
sales of the class or kind of foreign mer-
chandise Involved at less than Its fair value.
"(4) If the determination of the Tariu
Commission under subparagraph (A) Is in
the affirmative, the Secretary shall make
public an order directing the assessment and
collection of duties In the amount of such
bounty or grant as Is from time to time as-
certained and determined, or estimated, un-
der subsection (a) .
"(c) Application of Affirmative Deter-
mination.— An affirmative determination by
the Secretary of the Treasury under sub-
section (a)(i) with respect to any Imported
article or merchandise which (1) Is dutiable,
or (2) Is free of duty but with respect to
which the Tariff Commission has made an
affirmative determination under subsection
(b)(1), shall apply with respect to articles
entered, or withdrawn from warehouse, for
consumption on or after the thirtieth day
after the date of the publication In the Fed-
eral Register of such determination by the
Secretary.
"(d) Special Rule for Any Article Sub-
ject TO A Quantitative Limttation. — No duty
shall be imposed under this section with
respect to any article which Is subject to a
quantitative UmlUtlon Imposed by the
United States on Is Importation, or subject
to a quantitative limitation on Its exporta-
tion to or importation Into the United States
Imposed under an agreement to which the
United States is a party unless the Secretary
of the Treasury determines, after seeking
Information and advice from such agencies
as he may deem appropriate, that such quan-
titative limitation Is not an adequate sub-
stitute for the Imposition of a duty under
this section.
"(e) Judicial Review — (1) All Treasury
and Commission proceedings under this sec-
tion shall be In accordance with subchapter
II of chapter 5 of title 5 of the United States
Code. All final determinations issued by the
Secretary or the Commission shall be made
on the records made In the Secretary's in-
vestigation and Commission Investigation.
"(2) Any Interested party shall be en-
titled to seek In the United Stetes Court
of Customs and Patent Appeals Judicial re-
view of questions of law relating to any final
determination of the Secretary or the Com-
mission under this Act, within thirty days
after Its publication In the Federal Register."
Sec. 202. (a) Except as provided In para-
.graph (b), the amendments made by section
201 shall take effect on the date of thr, enact-
ment of this Act.
• (b) The last sentence of section 306(a) (1)
of the Tariff Act of 1930 (as added by section
201 of this Act) shall apply only with respect
to questions presented on or after the date
of the enactment of this Act.
^ Chaptee 2 — Tariff Commission
Sec. 211. (a) The first sentence of section
330(a) of the Tariff Act of 1930 (19 U.S.C
1330) Is amended to read as follows: "The
United States Tariff Commission ( referred to
In this Act as the •Commission') shall be
composed of seven Commissioners appointed
by the President by and with the advice
and consent of the Senate."
(b) The third sentence of such section Is
amended by striking out "three" and insert-
ing in lieu thereof "four."
Sec 212. Section 330(b) of the Tariff Act
of 1930 (19 use. 1330) U amended to read
as follows:
"(b) Terms of Office. — Tei'ms of office of
the Commissioners which begin after the
date of the enactment of the Pair Interna-
tional Trade Act of 1973 shall be for seven
years; except that the first term of office for
the seventh Commissioner shall expire on
June 16. 1979. The term of office of a succes-
sor to any Commissioner appointed to a term
of office beginning after the date of the en-
actment of such Act shall (except as provided
In the preceding sentence) expire seven years
from the date of the expiration of the term
for which his predecessor was appointed. Any
Commissioner appointed to fill a vacancy oc-
curring before the expiration of the term for
which his predecessor was appointed shall be
appointed for the remainder of such term.".
Sec. 213. Section 330(d| of such Act is re-
pealed.
TITLE III— AMENDMENTS TO THE TRADE
EXPANSION ACT OF 1962
Chapter 1 — Foreign Import Restrictions
AND Discriminatory Acts
Sec. 301. Section 252(a)(3) of the Trade
Expansion Act of 1962 ( 19 U-SC. 1882(a) (3) )
Is amended by sulking out the word "agri-
cultural" each place it appears.
Sec. 302. Section 252(b) of such Act Is
amended by striking out "or" at the end of
paragraph 1 1 ) . by adding "or" at the end of
paragraph ( 2 ) , and by adding after para-
graph (2) the following new paragraph;
"(3) provides subsidies (or other Incen-
tives having the effect of subsidies i on Its ex-
ports of one or more products to other foreign
markets which unfairly affect sales of the
competitive United States product or prod-
ucts to those other foreign markets,".
Sec. 303. Section 252(b) of such Act is
further amended by striking out or" at the
end of clause ( A) . by striking out the period
at the end of clause (B) andslnsertlng in lieu
thereof ". or ". and by adding at the end
thereof the following new clause :
"(C) notwithstanding any provision of any
trade agreement under this Act and to the
extent he deems necessary and appropriate,
impose duties or other Import restrictions on
the products of any foreign country or In-
strumentality maintaining such nontarlff
trade restrictions, engaging in such acts or
policies, or providing such Incentives when
he deems such duties and other import re-
strictions necessary and appropriate to pre-
vent the establishment or obtain the removal
of such restrictions, acts, policies, or Incen-
tives and to provide access for United States
products to foreign markets on an equitable
basis."
Sec. 304. Section 252(c) of such Act Is
amended by striking out "President may" and
inserting In lieu thereof "President shall".
Sec. 305. Section 252(c) (1) of such Act Is
amended to read as follows:
^
772
CONGRESSIONAL RECORD — SEN ATE
"(1) Impose duties or other Import re-
strictions on, or suspend, withdraw, or pre-
vent the application of trade agreement con-
cessions to, produc^^f such country or In-
strumentality, or". W
Sec. 306. Section 252(d) of such Act Is
amended to read as follows:
■• { d ) ( 1 ) Upon request of any Interested
party, the Tariff Commission shall immedi-
ately make an investigation to determine
whether any specified restriction established
or maintained by, act engaged In. or subsidy
provided by a foreign country or instru-
mentality constitutes —
"(A) a foreign Import restriction referred
to In subsection (a) ,
"(Bi a nontarlff trade restriction, discrimi-
natory or other act, or subsidy or other In-
centive referred to In subsection ( b ) , or
"(C) an unreasonable Import restriction
referred to In subsection (c) .
"(2) Within three months after the sub-
mission of a request under paragraph (1).
the Tariff Commission shall publish in the
Federal Register the results of the Investiga-
tion made pursuant to such request, together
with Its findings with respect thereto. In any
case In which the Commission makes an af-
firmative determination of a restriction, act.
or subsidy referred to In subsection (a) , (b) .
or (C) such finding shall be Immediately re-
ported to the President. Within three mouths
after receipt of such report, the President
shall report to the Congress the action taken
by him under subsection (a), (b), or (c)
with respect to such restriction, act, or sub-
sidy."
Sic. 307. The heading of such section is
amended to read as follows:
"Sec. 252. Foheign Import Rzstrictions and
disckiminatory acts.". ^
Chaptts 2 — TARirr Adjustment and Adjust-
ment Assistance
petitions and OrTEKMrNATIONS
Sec. 311. (a) Section 301 of the Trade Ex-
pansion Act of 1962 (19 U.B.C. 1901) is
amended to read as follows :
"(a)(1) A petition for tariff adjustment
under section 351 may be filed with the
Tariff Commission by a trade association,
firm, certified or recognized union, or other
representative of an industry.
(2) A petition for a determination of eligi-
bility to apply for adjustment assistance un-
der chapter 2 may be filed with the President
by a firm or its representative, and a petition
for a determination of eligibility to apply for
adjustment assistance under chapter 3 may
be filed with the President by a group of
workers or by their certified or recognized
union or other dxilj authorized representa-
tive.
"(to) (1) Upon the request of the President,
upon resolution of either the Committee on
Finance of the Senate or the Committee on
Ways and Means of the House of Representa-
tives, upon its own motion, or upon the
filing of a petition under subsection (a) (1).
the Tariff Commission shall promptly make
an Investigation to determine whether an
article that has been the subject of con-
cessions under trade agreements Is being Im-
ported Into the United States In such in-
creased quantities, either actual or relative
as to contribute substantially (whether or
not such Increased imports are the major
factor or the primary factor) toward causing
or threatening to cause serious Injury to the
domestic Industry producing articles like or
directly competitive with the Imported
article.
"(2) For the purposes of this section, the
duty-free "binding" of any article shall be
considered a trade concession imder trade
agreement.
"■(3) In arriving at a determination under
paragraph (1) , the Tariff Commission, with-
out excluding other factors, shall take Into
consideration a downward trend of produc-
tion, prices, profits, or wages in the domestic
Industry concerned, a decline In sales, an
Increase In unemployment or underemploy-
ment, loss of fringe benefits, stagnant wages,
an Increase In Imports, either actual or rela-
tive to domestic production, a higher or
growing Inventory, and a decline In the pro-
portion of the domestic market supplied by
domestic producers.
"(4) For purposes of paragraph (1), the
term 'domestic Industry producing articles
like or directly competitive with the Im-
ported article' means that portion or sub-
division of the producing organizations
manufacturing, assembling, processing, ex-
tracting, growing, or otherwise producing
Like or directly competitive articles In com-
mercial quantities. In applying the preceding
sentence, the Tariff Commission shall (so
far as practicable) distinguish or separate
the operations of the producing organiza-
tions Involving the like or directly competi-
tive articles referred to In such sentence
from the operations of such organizations
Involving other articles.
"(5) If a majority of the Commissioners
present and voting make an affirmative In-
jury determination and under paragraph ( 1 )
the Commissioners voting for such affirma-
tive Injury determination shall also deter-
mine the amount of the IncrecLse In, or im-
position of, any duty or other Import re-
striction on such article which is necessary
to prevent or remedy such Injury. No im-
port restriction shaU be determined which
exceeds the limitations set forth In section
351(b) of the Act. For purposes of this title,
a remedy determination by a majority of
the Commissioners voting for the affirmative
Injury determination shall be treated as the
remedy determination of the Tariff Com-
mission.
'■(6) In the course of any proceeding Ini-
tiated under paragraph (X), the Tariff Com-
mission shall Investigate any factors which
In its Judgment may be contributing to In-
creased Imports of the article under investiga-
tion and, whenever In the course of its
reason to believe that the increased Imports
are attributable In part to circumstances
which come within the purview of the Anti-
dumping Act, 1921, section 303 or 337 of the
Tariff Act of 1930. section 801 of the Revenue
Act, 1916, or other remedial provisions of
law, the Tariff Commission shall promptly
notify the appropriate agency and take such
other action as It deems appropriate In con-
nection therewith.
"(7) In the course of any proceeding Ini-
tiated under paragraph ( l ) , the Tariff Com-
mission shall, after reasonable notice, hold
public hearings and shall afford interested
parties opportunity to be present, to pre-
sent evidence, and to be heard at such hear-
ings.
"(8) The Tariff Commission shall report
to the President the determinations and
other results of each Investigation under
this subsection. Including any dissenting or
separate views, and any action taken under
paragraph (6).
'"(9) The report of the Tariff Commission
of Its determination under this subsection
shall be made at the earliest practicable
time, but not later than six months after
the date on which the petition Is filed (or
the date on which the request or resolution
Is received or the motion is adopted, as the
case may be ) . Upon making such report to
the President, the Tariff Commission shall
promptly make public such report and shall
cause a summary thereof to be published In
the Federal Register.
"(10) No investigation for the purposes of
this subsection shall be made, upon petition
filed under subsection (a)(1), with respect
to the same subject matter as a previous In-
vestigation under this subsection, unless one
year h&e elapsed since the Tariff Commis-
sion made its report to the President of the
results of such previous Investigation.
"(c) (1) In the case of a petition by a firm
for a determination of eligibility to apply
January n^ 1923
for adjustment assistance under chapter a
the President shall detemlne whether an
article that has been the subject of conces-
slons imder trade agreements like or directly
competitive with an article produced by the
firm, or an appropriate subdivision thereof
is being Imported Into the United States in
such Increased quantities, either actual or
relative, as to contribute substantially
(Whether or not such Increased Imports are
the major factor or the primary factor) to-
ward causing or threatening to cause serious
Injury to such firm or subdivision. In mak-
Ing such determination the President shall
take Into account all economic factors which
he considers relevant, Including idling of
productive faculties, InablUty to operate at
a level of reasonable profit, and unemploy-
ment or underemplo3rment, loss of fringe
benefits, and decreased or stagnant wages.
'■(2) In the case of a petition by a group
of workers for a determination of eligibility
to ^pply for adjustment assistance under
chapter 3, the President shaU determine
whether an article that has been the subject
of concessions under trade agreements, like
or directly competitive with an article pro-
duced by such workers' firm, or an appropri-
ate subdivision thereof, Is being imported
into the United States in such increased
quantities, either actual or relative, as to
contribute substantially (whether or not
such Increased Imports are the major factor
or the primary factor) toward causing or
threatening to cause unemplojrment or un-
deremployment of a significant number or
proportion of the workers of such firm or
subdivision.
"(3) In order to assist him In making the
determinations referred to in paragraphs (1)
and (2) with respect to a firm or group of
workers, the President shall promptly trans-
mit to the Tariff Commission a copy of each
petition filed under subsection (a) (2) and,
not later than five days after the date on
which the petition Is filed, shall request the
Tariff Commission to conduct an investiga-
tion relating to questions of fact relevant
to such determinations and to make a report
of the facts disclosed by such investigation.
In his request, the President may specify the
particular kinds of data which he deems ap-
propriate. Upon receipt of the President's
request, the Tariff Commission shall prompt-
ly Institute the Investigation and promptly
publish notice thereof In the Federal Register.
"(4) In the course of any Investigation
under paragraph (3), the Tariff Commission
shall, after reasonable notice, hold a public
heskrlng. If such hearing Is requested (not
later than ten days after the date of the
publication of its notice under pargn^)h
(3)) by the petitioner or any other Inter-
ested person, and shall afford Interested per-
sons an opportunity to be present, to pro-
duce evidence, and to be heard at such
hearing.
"(6) The report of the Tariff Commission
of the facts disclosed by Its Investigation un-
der paragraph (3) with respect to a firm
or group of workers shall be made at the
earliest practicable time, but not later than
sixty days after the date on which It receives
the request of the President under paragraph
(3).
"(d) (1) All Tariff Commission proceedings
under this section and section 351 of the
Act shall be In accordance with subchapter
II of chapter 6 of title 5 of the United States
Code. Any final determinations In such pro-
ceedings shall be on the records made in the
Commission investigation.
"(2) Any Interested party shaU be entitled
to seek In the United States Court of Cus-
toms and Patent Appeals Judicial review of
questions of law relating to any final deter-
minations of the Commission und'ir this sec-
tion and section 351 of the Act. within thirty
days after Its publication In the Federal Reg-
ister."
(b)(1) For purposes of section 301(b)(1)
of the Trade Expansion Act of 1962, reports
January 11, 1973
CONGRESSIONAL RECORD — SENATE
773
made by the Tariff Commission during the
one-year period ending on the date of the
enactment of this Act shall be treated as
having been made before the beginning of
such period.
(2) Any investigation by the Tariff Com-
mission under subsection (b) or (c) of sec-
tion 301 of the Trade Expansion Act of 1962
(as In effect before the date of the enact-
ment of this Act) which Is In progress Im-
mediately before such date of enactment
shall be continued under such subsection (b)
or (c) (as amended by subsection (a) of this
section) in the same manner as If the In-
vestigation had been Instituted originally
under the provisions of such subsection (b)
or (c) (as so amended) . For purposes of sec-
Uon 301 (b)(9) or (c)(6) of the Trade Ex-
pansion Act of 1962 (as added by subsec-
tion (a) of this section) the petition for any
investigation to which the preceding sent-
ence applies shall be treated as having been
filed, or the request or resolution as having
been received or the motion having been
adopted, as the case may be, on the date of
the enactment of this Act.
(3) If, on the date of the enactment of
this Act, the President has not taken any
action with respect to any report of the Tariff
OHnmlsslon containing an affirmative deter-
mination resulting from an Investigation un-
dertaken by it pursuant to section 301(c)
(1) or (2) of the Trade Expansion Act of
1962 (as In effect before the date of the en-
actment of this Act) , such report shaU be
treated by the President as a report received
by him under section 301(c) (5) of the Trade
Expansion Act of 1962 (as added by subsec-
tion (a) of this section on the date of the
enactment of this Act.
PRESIDENTIAL ACTION WITH RESPECT TO
ADJUSTMENT ASSISTANCE
Sec. 312. (a) Section 302(a) of the Trade
Expansion Act of 1962 (19 U.8.C. 1902(a))
Is amended to read as follows:
"(a) (1) If after receiving a report from the
Tariff Commission containing an affirmative
Injury determination under section 301(b)
with respect to any industry, the President
provides tariff adjustment for such Industry
pursuant to section 351 or 352, he may —
"(A) prcvide, with respect to such indus-
try, that its firms may request the Secretary
of Commerce for certifications of eligibility
to apply for adjustment assistance, under
chapter 2,
"(B) provide, with respect to such indus-
try, that its workers may request the Secre-
tary of Labor for certifications of eligibility
to apply for adjustment assistance under
chapter 3, or
"(C) provide that both firms and workers
may request such certifications.
"(2) If after receiving a report from the
Tariff Commission containing an affirmative
Injury determination under section 301(b)
with respect to any industry the President
does not provide tariff adjustments for such
industry pursuant to section 351 or 352, he
shall promptly provide that both firms and
workers of such Industry- may request certifi-
cations of ellgrlblllty to apply for adjustment
assistance under chapters 2 and 3.
"(3) Notice shall be published in the Fed-
eral Register of each action taken by the
President under this subsection In providing
that firms or workers may request certifica-
tions of eligibility to apply for adjustment
assistance. Any request for such a certifica-
tion must be made to the Secretary con-
cerned within the orie-year period (or such
longer period as may he specified by the
President) after the date on which such
notice Is published.""
(b) Section 302(b) of svich Act Is
amended —
(1) by striking out "'subsection (a) (2)."' in
subparagraph ( 1 ) and inserting in lieu there-
of "subsection (a),'":
(2) by striking out "subsection (a) (3) ," in
paragraph (2) and inserting In lieu thereof
"subsection (a),"; and
(3) by adding at the end of paragraph (2)
thereof the following new sentence: '"A cer-
tification under this paragraph shall apply
only with respect to individuals who are. or
who have been, employed regularly in the
firm Involved within one year before the
date of the Institution of the Tariff Com-
mission investigation under section 307(b)
relating to the Industry with respect to which
the President has acted under subsection
(a).""
(c) Section 302(c) of such Act is amended
to read as follows:
'"(c)(1) After receiving a report of the
Tariff Commission of the facts disclosed by
Its Investigation under section 301(c)(3)
with respect to any firm or group of workers,
the President shall make his determination
under section 301 (e)(1) or (c)(2) at the
earliest practicable time, but not later than
thirty days after the date on which he re-
ceives the Tariff Commission's report, unless,
within such period, the President requests
additional factual information from the
Tariff Commission. In this event, the Tariff
Commission shall, not later than twenty-
five days after the date on which It receives
the President's request, furnish such addi-
tional factual Information in a supplement
report, and the President shall make his
determintalon not later than fifteen days
after the date on when he receives such
supplemental report.
"(2) The President shall promptly publish
in the Federal Register a summary of each
determination under section 301(c) with re-
spect to any firm or group of workers.
"(3) If the President makes an affirma-
tive determination under section 301(c) with
respect to any firm or group of workers, he
shall promptly certify that such firm or group
of workers Is eligible to apply for adjustment
assistance.
"(4) The President Is authorized to exer-
cise any of his functions with respect to
determinations and certifications of eligibil-
ity of firms or workers to apply for adjust-
ment assistance under section 301 and this
section through such agency or other In-
strumentality of the United States Govern-
ment as he may direct."
(d) The heading of such section 302 Is
amended to read as follows :
"Sec 302. PREsmENTiAL Action WrrH Re-
spect TO Adjustment Assist-
ance."
Sec 313. (a) Paragraphs (1) and (2) of
section 351(a) of the Trade Expansion Act
of 1962 (19 use. 1981(a)) are amended to
read as follows :
"(1) After receiving an affirmative Injury
determination of the Tariff Commission un-
der paragraph (1) of section 301(b), the
President shall proclaim the Increase In, or
imposition of, any duty or other Import re-
striction on the article concerned deter-
mined and reported by the Tariff Commis-
sion pursuant to paragraph (4) of section
301(b), unless he determines that such ac-
tion would not be In the national Interest.
"(2) If the President does not, within six-
ty days after the date on which he receives
an affirmative Injury determination, pro-
claim the Increase in, or Imposition of any,
duty or othter Import restriction on such
article determined and reported by the Tariff
Commission pursuant to section 301(b), or
If he proclaims a modified Increase or Im-
position—
"(A) he shall Immediately submit a report
to the House of Representatives and to the
Senate stating why he has not proclaimed,
or why he has modified, such Increase or Im-
position, and
"(B) such Increase or imposition shall take
effect (as provided in paragraph (3)) upon
the adoption by both Houses of Congress
(within the sixty-day period following the
date on which the report referred to In sub-
paragraph (A) is submitted to the House of
Representatives and the Senate), by the
yeas and najs by the affirmative vote of a
majority of the authorized membership of
each House, of a concurrent resolution stat-
ing in effect that the Senate and House of
Represent^atlves approve the Increase In, or
Imposition of, any duty or other import
restriction on the article determined and
reported by the Tariff Commission pursuant
to section 301(b).
Nothing In subparagraph (A) shall require
the President to state considerations of na-
tional Interest on which his decision was
based. For purposes of subparagraph (B), In
the computfctlon of the sixty-day period
there shall be excluded the days on which
either House is not in session because of
adjournment of the Congress sine die. The
report referred to in subparagraph (A) shall
be delivered to both Houses of the Congress
on the same day and shall be delivered to
the Clerk of the House of Representatives If
the House of Representatives is not In ses-
sion and to the Secretary of the Senate If
the Senate is not in session."
(b) Paragraph (3) of such section 351(a)
Is amended by striking out "found and re-
ported by the Tariff Commission pursuant
to section 301(e)." and Inserting In lieu
thereof "'determined and reported by the
Tariff Commlsslbn pursuant to section
301(b).".
(c) Paragraph (4) of such section 351(a)
is amended by striking out "affirmative find-
ing" each place it appears and inserting In
lieu thereof "affirmative injury determina-
tion".
(d) Section 351(c) of such Act Is amended
to read as follows:
"(C) (1) Any Increase in, or Imposition of,
any duty or other import restriction pro-
claimed pursuant to this section or section 7
of the Trade Agreements Extension Act of
1951—
"(A) may be reduced or terminated by the
President only after a determination by the
Tariff Commission under subsection (d)(2)
of this section that the probable economic
effect of such reduction or termination will
be inconsequential, and his determination,
after seeking advice of the Secretary of Com-
merce and the Secretary of Labor, that such
reduction or termination is In the national
Interest, and
'(B) unless extended under paragraph (2),
shall terminate not later than the close of
the date which Is four years (or. In the case
of any such Increase or Imposition proclaimed
ptirsuant to such section 7, five years) after
the effective date of the initial proclamation
or October 11, 1962, whichever date Is the
later.
"(2) Any Increase In, or Imposition of. any
duty or other Import restriction proclaimed
pursuant to this section or section 7 of the
Trade^Agreements Extension Act of 1951
shall be xjtetided In whole or In part by
the Presldeiit for such periods (not In ex-
cess of four years at any one time) as shall
be determlneid by the Tariff Commission un-
der subsection (d)(3) of this section, un-
less, after seeking advice of the Secretary of
Commerce and the Secretary of Labor, he
determines that such extension is not In
the national Interest."
(e) Section 351(d) of such Act Is amended
to read as follows :
"(d) (1) So long as any Increase In, or Im-
position of. any duty or other import re-
striction pursuant to this section or pur-
suant to section 7 of the Trade Agreements
Extension Act of 1951 remains in effect, the
Tariff Commission shall keep under review
developments with respect to the Industry
concerned, including the specific steps taken
by the firms In the Industry to enable them
to compete more effectively with Imoorts,
and shall make annual reports to the Presi-
dent concerning such developments.
"(2) Upon request of the President or
upon Its own motion, the Tariff Commission
shall determine. In the light of specific steps
taken by the firms in such Industry to enable
them to compete more effectively with im-
774
CONGRESSIONAL RECORD — SENATE
January 11, 1973
ports and all other relevant factors, as to
the probable economic effect on the Industry
concerned, and (to the extent practicable)
on the firms and workers therein of the re-
luction or termination of the increase la.
Dr Imposition of. any duty or other Import
restriction pursuant to this section or sec-
tion 7 of the Trade Agreements Extension
\ct of 1951. and shall so advise the Presl-
Jent.
■■(3 I Upon petition on behalf of the Indus-
try concerned, Bled with the Tariff Com-
mission not earlier than the date which Is
jne year, and not later than the date which
is nine months, before the date any Increase
Dr imposition referred to In paragraph tl) or
I 2) of subsection (C) is to terminate by rea-
son of the expiration of the applicable period
Drescrlbed in paragraph (1) or an extension
[hereof under paragraph (2) , the Tariff Com-
Tiission shall determine the probable eco-
lomic effect on such Industry of such ter-
mination and unless it determines that such
srobable economic effect will be Incon-
sequential it shall prescribe a p>erlod during
*-hlch the Increase or Imposition shall be
>xtended and It shall report In Its deter-
nlnatlon to the President. The report of
:he Tariff Commission on any Investigation
nltlated under this paragraph shall be made
lot later than the ninetieth day before the
expiration date referred to in the preceding
sentence.
"(4 1 In advising the President under this
lubsectlon as to Its determination of the
probable economic effect on the Industry
•oncemed. the Tariff Commission shall take
nto account all economic factors which It
;onslder8 relevant. Including Idling of pro-
luctlve facilities. Inability to operate at a
evel of reasonable profit, and unemployment
>r underemployment.
"(5) Determinations of the Tariff Com-
mission under this subsection shall be
-eached on the basis of an Investigation dur-
ng the course of which the Tariff Commls-
ilon shall hold a hearing at which interested
>€rsons shall be given a reasonable oppor-
unlty to be present, to produce evidence,
ind to be heard."
OBOEXLT MABKXTING AGREKMENTS
Sec. 314. Section 352(a) of the Trade Ex-
pansion Act of 1962 (19 U.SC. 1982(a)) Is
amended to read as follows :
"(a) If the President has received an af-
irmatlve Injury determination of the Tariff
Commission under section 301(.b) with re-
I pect to an Industry, he may at any time
legotlate Uitematlonal agreements with for-
(Ign countries limiting the export from such
countries and the Import into the United
;tat«s of the article causing or threatening
-o cayse serious Injury to such Industry
vi»#l5e\er he determines that such action
vould be appropriate to prevent or remedy
lerlous Injury to such Industry. Any agree-
ment concluded under this subsection may
vplace in whole or In part any action taken
jursuant to the authority contained In para-
graph (1) of section 361(a): but any agree-
ment concluded under this subsection before
;he close of the period during which a con-
lurrent resolution may be adopted under
laragraph (2) of section 351(a) shall terml-
late not later than the effective date of any
>roclamatlon issued by the President pursu-
int to paragraph (3) of section 351(a)."
INCREASED ASSISTANCE lOR WORKERS
Sec. 315. (a) Section 323(a) of the Trade
Sxpanslon Act of 1962 (19 U.SC. 1942(a) ) Is
imended by striking out "an amount equal
x> 65 percent of his average weekly wage or
« 65 percent of the average weekly manu-
'acturlng wage," and Inserting In lieu there-
of "an amount equal to 75 percent of his
kverage weekly wage or to 75 percent of the
iverage weekly manufacturing wage,".
(b) The second sentence of section 32e(a)
>f such Act Is amended to read as follows :
'To this end. and subject to this chapter,
diversely affected workers shall be afforded,
where appropriate, the tasting, counseling,
training, and placement services and suppor-
tive and other services provided for under
any Federal law.".
(c) The amendment made by subsection
(a) shall apply with respect to Eisslstance
under chapter 3 of the Trade Expansion Act
of 1962 for weeks of unemployment beginning
on or after the date of the enactment of this
Act.
CONFORMING AMENDMENTS
Sec. 316. (a) Section 242(b)(2) of the
Trade Expansion Act of 1962 (19 US.C. 1872
(b) (2) ) is amended by striking out "section
301(e) ■ and Inserting In lieu thereof "section
301(b)".
(b) Section 302(b)(1) of such Act (19
use. 1962(b)) (as amended by section 112
(b) of this Act) Is further amended by
striking out "(which the Tariff Commission
has determined to result from concessions
granted under trade agreements) have caused
serious Injury or threat thereof to such firm"
and Inserting In lieu thereof "have contrib-
uted substantially toward causing or
threatening to cause serious Injury to such
Arm".
(c) Section 302(b)(2) of such Act (as
amended by section 112(b) of this Act) Is
further amended by striking out "(which the
Tariff Commission has determined to result
from concessions granted under trade agree-
ments) have caused or threatened to cause
unemployment or underemployment" and
Inserting in lieu thereof "have contributed
substantially toward causing or threatening
to cause unemployment or underemploy-
ment".
(d) Section 311(b)(2) of such Act Is
amended by striking out "by actions taken
In carrying out trade agreements, and" and
by Inserting in lieu thereof "by the Increased
imports identified by the Tariff Commission
under section 301(b) (1) or by the President
under section 301(c)(1), as the case may
be, and".
(e) Section 317(a)(2) of such Act is
amended by striking out "by the Increased
Imports which the Tsu-lff Commission has
determined to result from concessions
granted under trade agreements" and In-
serting in lieu thereof "by the Increased Im-
ports Identified by the Tariff Commission
under section 301(b) (1) or by the President
under section 301(c)(1), as the case may
be".
TITLE IV— AMENDMENTS TO THE
REVENUE ACT OP 1916
Sec 401. (a) Section 801 of the Act of
September 8, 1916. entitled "An Act to raise
revenue, and for other purposes," (15 U.S.C.
72) (hereinafter referred to as the "Revenue
Act, 1916"), is amended to read as follows:
"(a) No person selling, exporting, or Im-
porting any articles from any foreign country
into the United States shall knowingly sell,
export, or import within the United States
at a price less than the actual market value
or wholesale price of such articles, at the
time of their importation into the United
States, In the principal markets of the coun-
try of their production, or of other foreign
countries to which they are commonly ex-
ported, after adding to such market value
or wholesale price, freight, duty, and other
charges and expenses necessarily Incident
to the Importation and sale thereof in the
United States where the effect of the sale
of such articles at such price Is or 13 likely
to cause Injury to an Industry In the United
States In any line of commerce In any sec-
tion of the country or to substantially lessen
competition or tend to create monopoly In
any line of commerce In any section of the
country or to Injure, destroy, or prevent com-
petition with any person. For purposes of
any civil action to enforce this provision
any person in the United States who Imports
an article from a foreign country shall be
conclusively presumed to know the actual
market value or wholesale price of such
article in the principal markets of the coun-
try of Its production or other foreign coun-
tries to which it Is commonly exported unless
such person has no direct or indirect cor-
porate affiliation with the foreign seller or
producer of such article.
"(b) An afBrmatlve determination by the
Secretary of the Treasury under section 201
(b) of the Antidumping Act, 1921 (19 U.S.C
160(b)). with regard to any article shall
constitute prima facie evidence of the sale
of such article at less than Its actual market
value or wholesale price for purposes of sub-
section (a) of this section.
"(c) A determination of Injury to any in-
dustry In the United States by the Tariff
Commission under section 201(a) of the
Antidumping Act. 1921 (19 Ufl.C. leO(a)),
shall constitute prima facie evidence of in-
Jury to an industry In the United States for
purposes of subsection (a) of this section."
(b) The second paragraph of such section
Is amended by Inserting in the subsection
designation "(d)" before such paragraph
by Inserting "wlUfully" before the word "vio-
lates", and by striking out "»6.000" In such
paragraph and Inserting in lieu thereof
"•50.000".
(c) The third paragraph of such section
is deleted and the section is further amended
to read:
"(e) Whenever It shall appear to the court
before which any proceeding under this Act
may be pending that the ends of Justice re-
quire that other pairties should be brought
before the court, the court may cause them
to be summoned, whether they reside in the
district In which the court is held or not.
and subpenas to that end may be served In
any district by the marshal thereof.
"(f) If a defendant. In any civil proceed-
ing brought under this section In any court
of the United States, falls to comply with any
discovery order, or other order or decree, of
such court, the court shall have power to
enjoin the further Importation Into the
United States, or distribution In Interstate
commerce within the United States, by such
defendant of articles which are the same as.
or similar to. those articles which are alleged
In such proceeding to have been sold or Im-
ported In violation of the provisions of sub-
section (a) of this section, until such time
as the defendant compiles with such order or
decree.
"(g) This section shall be held and con-
sidered to be an antitrust law of the United
States, and any law of the United States
which Is applicable to the enforcement of
the antitrust laws shall be applicable to the
enforcement of this section, except to the
extent that any provision of this section is
inconsistent with such application."
(d) The last paragraph of such section Is
amended by Inserting the subsection desig-
nation "(h)" before such paragraph.
By Mr. SCHWEIKER:
S. 324. A bill to amend the Public
Health Service Act to provide for nutri-
tion education in schools of medicine
and dentistry. Referred to the Commit-
tee on Labor and Public Welfare.
THE N UTKITIONAL MEDICAL EDXTCATION ACT OF
1973
Mr. SCHWEIKER. Mr. President, I
introduce a bill to amend the Public
Health Service Act to provide for nutri-
tion education in schools of medicine and
dentistry.
The Nutritional Medical Education Act
of 1973 will provide FederaJ grants from
the Department of Health, Education
and Welfare to schools of medicine and
dentistry to permit them to plan, develop
and implement programs of nutrition
education within their curriculum.
As a member of the Senate Select
Januarij 11, 1973
CONGRESSIONAL RECORD — SEN ATE
775
'^
Committee on Nutrition and Human
Needs, I have become very much aware
of the urgent need for more and better
practical education in nutrition for our
doctors. Although medical and dental
schools do have courses in biochemistry,
physiology and pharmacology which deal
with various aspects of nutrition, most
medical and dental schools do not have
courses in nutrition which deal with the
basic relationship between good nutri-
tion and good health.
It is important to point out that prob-
lems of inadequate nutrition are not con-
fined simply to poor people in our so-
ciety. Testimony before the Select Com-
mittee on Nutrition and Human Needs
on many occasions has indicated that
people at the middle and upper income
levels often also suffer from poor nutri-
tion. The primary reasons appear to be
lack of knowledge about proper nutri-
tion, and lack of interest in it. The ad-
vice of family doctors and dentists
carries a great deal of weight with most
people, but unfortunately most doctors
simply do not receive sufficient training
in nutrition while they are at medical
or dental school to enable them to give
sound advice on nutrition.
It is entirely clear that many diseases
are related either directly or indirectly
to nutritional factors. In a follow-up re-
port to the White House Conference on
Pood. Nutrition, and Health, the Panel
on Advanced Academic Teaching of Nu-
trition pointed out that:
Atherosclerosis (Including coronary heart
disease), obesity, diabetes mellitus, hyper-
tension, and osteoporosis are representative
of many disorders in which nutritional fac-
tors are either of principal or contributory
Importance. In addition, new trends In food
processing and environmental concerns re-
quire a great expansion of research in the
area of trace minerals, "secondary vitamins."
pollutants, and involuntary and voluntary
food additives. Much of the research directed
toward these problems must be conducted
by individuals who have received (or should
receive) advanced academic training in nu-
trition.
I think it is also important to point out
that sound nutritional practices are vital
to the maintenance of health and preven-
tion of medical disorders. In other words,
it is vitally important that doctors and
dentists have enough knowledge of the
relationship between nutrition and
health to prevent medical and dental
problems from occurring. As ranking mi-
nority member of the Health Subcom-
mittee of the Senate Labor and Public
Welfare Committee, I am very conscious
of the need for more emphasis on the
maintenance of good health, as opposed
to the curing of medical and dental prob-
lems after they have already become
serious.
Beyond that, however, many doctors
today have not been given sufficient
knowledge of nutrition to deal with the
nutritional aspects of diseases patients
already have. In that regard, the White
House Panel said:
The effectiveness of physicians In providing
optimal care for the many patients who have
diseases with an important nutritional com-
ponent is dependent In considerable part on
the kind of nutrition teaching offered them
at medical school and thereafter. At the
present time, nutrition teaching in medical
schools and in teaching hospitals Is woefully
^''xlequate.
The 1969 White House Conference on
Food, Nutrition, and Health also recom-
mended that dentists become more
knowledgeable about nutrition and rec-
ommended that all dental schools and
dental hygiene schools should offer an
identifiable course in the science and
practice of nutrition.
When should nutrition be taught? I
believe the fundamentals of nutrition
should be taught early in the medical
and dental school educational program,
with follow-up courses later which are
more detailed and sophisticated.
Interestingly, a study by one medical
school indicated that in general, the phy-
sicians questioned were more knowledge-
able of the theoretical aspects of nutri-
tion than of the applied aspects. The
study indicated that younger doctors do
not know as much about nutrition as they
should and that they want to know more.
In contract, the study indicated that
many older doctors did not know much
about nutrition, but did not particularly
feel the need for more education in this
area.
Food faddism and folk medicine are
becoming more and more popular today.
Many people are turning away from
physicians and dentists to obtain the in-
formation about nutrition. I belie\e part
of the problem is that many doctors sim-
ply are not in the position of being able
to provide their patients with the kind
of nutrition information patients need
and desire for the maintenance of good
health. We urgently need more scientific
information about nutrition and health.
We need more and better nutrition re-
search. We will not get it unless our
medical and dental schools are able to
provide the kind of training needed.
Only a few medical and dental schools
have separate divisions or departments of
nutrition. Special courses in nutrition are
rare, particularly in applied nutrition as
opposed to the biochemical aspects of nu-
trition. There is a significant shortage of
trained people in this field, and grants to
stimulate the teaching of nutrition edu-
cation in medical schools will help to de-
velop an adequate supply of competent
people.
The White House Conference Panel on
Advanced Academic Teswrhing of Nurti-
tion made the following recommenda-
tion:
In each of the professional schools in a
university such as medicine, dentistry and
dental hygiene, nursing, public health, food
science and technology, or applied health
sciences, an Individual or committee should
be assigned responslbUity for the surveil-
lance of nutrition teaching In that school.
"In some professional schools. It will be
desirable to teach nutrition in a designated
course dealing with basic scientific prin-
ciples of nutrition and their application to
human health. In many schools, nutrition
teaching will be Incorporated In courses
such as biochemistry, physiology and certain
clinical specialties. Regardless of the plan of
Instruction, bsislc nutrition should be part
of the required or core curriculum.
"In schools where trained nutrition per-
sonnel are not available because of financial
restrictions, grants should be established to
support nutrition for teaching in the cate-
gories listed above.
The legislation I am introducing to-
day will make a significant start toward
meeting that goal. I introduced similar
legislation last year, S. 3696. This bill has
been expanded to provide funds for both
the approximately 100 medical schools
and the approximately 60 dental schools
to establish courses in nutrition educa-
tion. The Nutritional Medical Education
Act of 1973 will provide $10 million for
each of the next 5 fiscal years for grants
by the Secretary of Health. Education,
and Welfare to public or nonprofit pri-
vate schools of medicine or dentistry to
plan, develop, and implement a program
of nutrition education within the curri-
culum. These grants should be struc-
tured by HEW to assure that properly
trained staff members are available.
The purpose of this program is to pro-
vide a single focus on applied nutrition
education in our medical and dental
schools.
The Comprehensive Health Manpower
Training Act of 1971 provides general
authority for grants for training and re-
search in nutrition. My bill, however,
would set up a special grant program to
fund the teaching of nutrition in medi-
cal and dental schools.
Mr. President, I believe this program
will save the American public many
times what it will cost. This is really a
program of preventive medicine. Our
people need to know more about nutri-
tion, and they should be able to rely on
their doctors and dentists to give them
sound advice. Most doctors and dentists
and medical and dental schools recog-
nize the need for more training in ap-
plied nutrition. This legislation will help
our doctors keep our people healthy, and
I hope the Senate will act swiftly' on it.
Mr. President, I ask unanimous con-
sent that the text of the Nutritional
Medical Educational Act of 1973 be re-
printed in the Record at this point.
There being no objection, the bill was
ordered to be printed in the Record, as
follows :
s. 324
Be it ejiacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. TTiat this
Act may be cited as the Nutritional Medical
Education Act of 1973.
Sec. 2. Section 769B of the Public Health
Service Act is amended by redesignating such
section as "769C" and by Inserting after sec-
tion 769A the following new section :
"GRANTS FOR NUTRITION EDUCATION
"Sec. 769B. There are authorized to be
appropriated $10,000,000 for the fiscal year
ending June 30, 1974, and each of the next
succeeding 4 years, for grants by the Secre-
tary to public or nonprofit private schools
of medicine or dentistry to plan, develop, and
implement a program of nutrition education
within their curriculum.
Sec. 3. (a) Subsection (a) of section 769C.
as amended by this Act. is further amended
by striking "and" in the first sentence, and
inserting after "769A" ", and 769B".
(b) Subsection (c) o! such section is
amended by striking "or" in the first sen-
tence and inserting after "769A" ", or 709B".
By Mr. BIBLE (for himself and
Mr. Cannon) :
S. 325. A bill to expand the Boulder
Canj-on project to provide for the con-
struction of a highway crossing the Colo-
rado River immediately downstream
from Hoover Dam. Referred to the Com-
mittee on Interior and Insular Affairs.
776
CONGRESSIONAL RECORD — SENATE
January 11, 1973
TO EXPAND THE BOULDEB DAM PROJECT
Mr. BIBLE. Mr. President, on behalf
of myself and my colleague. Senator
Cannon, I introduce for proper reference
a bill to expand the Boulder Canyon
project to provide for the construction
of a highway crossing of the Colorado
River immediately downstream from
Hoover Dam.
Since at least 1967. a serious traflBc
situation has existed at the crossing of
the Colorado River in the vicinity of
Hoover Dam on U.S. Highway 93-466,
in both Nevada and Arizona. The ex-
cessive trafQc over this narrow and dan-
gerous facility resulted in a decision by
Senator Cannon and myself to request an
alternative traffic crossing to relieve the
existing congestion and hazards present
In the continuation of the highway across
the crest of Hoover Dam.
In December of 1970, the Bureau of
Reclamation awarded a contract to make
a study of improvements in the accom-
modations for visitors at Hoover Dam.
The report submitted in April 1971 in-
cluded consideration of the impact that
construction of the proposed bridge
might have on visitor attendance, traffic
congestion, parking, and existing facil-
ities at the dam. The recommendations,
relative to the bypass bridge crossing the
Colorado River below Hoover Dam, are
that plans for the planning, design, and
execution of the highway bypass be start-
ed as soon as possible. It concludes by
saying that by 1975, without a bypass,
through traffic will have to be diverted
or else traffic in. around, and through the
project area will be unmanageable, with
restrictions on nsitation at the dam.
We anticipate that the new crossing
will be designed so as not to impair tour-
ist access to the dam itself, southern
Nevada communities, and the Lake Mead
National Recreation Area.
We urge the administration to report
promptly on this bill and early action by
the Congress.
Mr. President, I send the bill to the
desk for appropriate reference.
By Mr. HARRY F. BYRD, JR.:
S. 328. A bill to amend section 2307 of
title 10, United States Code, to limit to
$20,000,000 the total amount that may be
paid in advance on any contract entered
into by the Departments of the Army,
Navy, and Air Force, the Coast Guard,
and the National Aeronautics and Space
Administration. Referred to the Com-
mittee on Armed Services.
Mr. HARRY F. BYRD, JR. Mr. Presi-
dent, I send to the desk a bill and ask
that it be appropriately referred, and
I ask unanimous consent that it be
printed in the Record.
The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred and, without objection, the bill will
be printed in the Record,
The text of the bill is as follows:*
S. 328
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, that Sub-
section (b) of Section 2307 of Title 10.
United States Code, Is amended to read as
Ion">\*-s:
"(b) Payments made under Subsection
(a) In the case of any contract may not
exceed $20,000,000, except with the prior
approval of the Congress, and In no case
may the amount of any such payment ex-
ceed the unpaid contract price."
Sec. 3. The enactment of this Act does not
reduce or Increase the retired or retainer pay
to which a member or former member of an
armed force was entitled oh the day before
Its effective date.
Sec. 4. This Act becomes effective on the
first day of the first calendar month begin-
ning after the date of enactment.
Mr. HARRY F. BYRD, JR. Mr. Presi-
dent, the purpose of this bill is to close
what might be a loophole in the various
laws pertaining to loans and advances to
defense contractors.
In 1970. the Senate amended the De-
fense Production Act and put a ceiling
of $20 million on any loans or advances
that might be made by the Defense De-
partment to defense contractors. That
legislation was written into law by the
Senate by unanimous vote, on a recorded
vote.
We now learn that the Department of
the Navy has $54 million in outstanding
loans to the Grumman Corp.
I have been informed indirectly that
there is another section in the law sep-
arate from the Defense Production Act
under which the Navy has acted. The
Subcommittee on General Legislation of
the Committee on Armed Services, the
subcommittee of which I am chiarman,
will hold a hearing on Monday to go into
this question.
I am introducing legislation today to
place a $20 million ceiling on the other
section of the code to which the Navy
Department has informally indicated it
is relying. It may develop in the hearings
that a $20 million ceiling is too low; that
it should be greater than $20 million.
The committee may favor a higher ceil-
ing: the Senate may favor a higher ceil-
ing. But I am introducing this legislation
so there can be a hearing on it, so we
can hear witnesses, and so that the Sen-
ate and Congress might place some limit
on the amount of tax funds that can be
expended as loans or advances by the
Defense Department.
We thought we had covered that in
1970 when my legislation directed itself
to the Defense Production Act. But now
we find there is another section in the
code upon which the Navy says it can
rely, and that section is open ended.
There is no limit. Whether the limit
should be $20 million or a different
figure. I submit there should be a limit.
The PRESIDING OFFICER. The Sen-
ator's time has expired.
Mr. HUGHES. Mr. President, I ask that
I be recognized in my own right.
The PRESIDING OFFICER. The Sen-
ator is recognized.
Mr. HUGHES. Mr. President, I yield
my 3 minutes to the distinguished Sena-
tor from Virginia.
Mr. HARRY F. BYRD. JR. I thank the
Senator from Iowa.
The PRESIDING OFFICER. The Sen-
ator may proceed.
Mr. HARRY F. BYRD, JR. Mr. Presi-
dent, there should be a limit. I am willing
to listen to the views of the Department
of Defense. As much as I can I want to
be guided by those views. If they have
good reasons why the $20 million ceiling
is too low, I am willing to give consider-
ation to changing the situation I have
just presented, but I do believe that we
must not have these open-ended pieces
of legislation permitting the departments
of Government to spend tax moneys as
they wish without any limitation.
We talk a lot in the Senate and in the
House of Representatives about the Chief
Executive assuming prerogatives. The
Chief Executive did not assume this pre-
rogative. Congress itself passed legisla-
tion of an open-ended nature; so I have
been blaming Congress just as much as I
have been blaming the executive branch
of Government for the fact that Congress
finds itself having either given away or
having had taken away some of its re-
sponsibilities and some of its powers.
So the purpose of this legislation I in-
troduce today is to focus attention on
this question of open-ended loans and
advances to defense contractors and to
let Congress decide whether there should
be a limitation. I have suggested the
figure of $20 million but if the Senate
feels that that figure should be changed
then, of course, the Senate has the right
to increase the figure as it thinks best.
In any case, there will be a hearing on
Monday. The Subcommittee on General
Legislation of the Committee on Armed
Services will go into this question of ad-
vances and loans by the various depart-
ments to Government contractors.
I thank the distinguished Senator from
Iowa for yielding to me his time.
By Mr. THURMOND:
S. 329. A bill to amend the Internal
Revenue Code of 1954 to allow a credit
against the individual income tax for
tuition paid for the elementary or sec-
ondary education of dependents. Re-
ferred to the Committee on Finance.
CREDrr AGAINST THE INDrVTtDUAL INCOME TAX FOR
TtJITTON PAID FOR ELEMENTARY AND SEC-
ONDARY EDUCATION OF DEPENDENTS
Mr, THURMOND. Mr. President, in
this year when it appears evident that
our Federal income tax will undergo ex-
tensive revisions, I want to propose that
provisions be made to allow individuals
whose dependents attend nonpublic ele-
mentary or secondary schools to utilize
a tax credit to assist in offsetting the
costs of tuitions.
This proposal has received wide atten-
tion in recent years. Since parents who
send their children to nonpublic schools
are supporting public education through
the payment of taxes and are also reliev-
ing public schools of the expense of edu-
cating their children, a strong case can
be made for Government assistance to
these parents. The bill I am introducing
was considered at length by the House
Committee on Ways and Means. That
committee and its staff conducted public
hearings in August and September 1972,
and considered the bill in executive ses-
sion near the end of the 92d Congress. At
the hearing spokesmen for the adminis-
tration expressed their support of the in-
tent of this bill. It appears evident that
a bill similar to this proposal will be re-
ported by that committee to the full
House of Representatives for considera-
tion early in this Congress.
The more important aspects of this
bill provide for determining the amount
of credit allow^able, determining what
January 11, 1973
CONGRESSIONAL RECORD — SEN ATE
777
tvoe education qualifies, and finally a
nrovision determining the constitution-'*
ftlity of the credit. In computing the
amount of credit that can be claimed
a $200 maximimi tax saving per child
for any school year is imposed. Also to
be considered in determining the amount
of credit is the provision in subsection
(b) <2) which provides for phasing out
the credit as an individual's income ex-
ceeds $18,000 per year.
The second major aspect of the bill
limits the credit to those individuals
whose dependents attend "private non
profit schools" enjoying tax exempt
status with the Internal Revenue Serv-
ice, Also the credit is limited to tuition
paid for education not to include kinder-
garten, nursery, or other preschool edu-
cation and below the level of the 12th
grade. The final major aspect of the bill
anticipates questions relating to the
constltutionaUty of the credit and pro-
vides for expeditious handling in resolv-
ing this conflict.
I am also enclosing at the end of my
remarks a table prepared by the staff of
the Joint Committee on Internal Reve
nue Taxation on January 2. 1973 The
important conclusions reached in this
study reveal that approximately 1.727
million families will save a total of $362.4
million In taxes.
Mr. President. I ask unanimous con-
sent that the table prepared by the staff
of the Joint Committee on Internal
Revenue Taxation on January 2, 1973,
and this blU be printed In the Record
at the conclusion of my remarks.
There being no objection, the table
and bill were ordered to be printed in
the Record, as follows:
(1973 tax law and estimated enrollment and tuition levels tof school year 1972-73)
Estimated number of families Estimated numtwr of students
Amount of tuition
Adjusted gross income class
(thousands)
Total
(thousands)
(1)
Benefiting >
(thousands)
(2)
Total
(thousands)
(3)
Benefiting i
(thousands)
(«)
ToUl
(millions)
(5)
SO percent '
(millions)
(6)
Reduction of tai
credit from
simple SO
percent under
the proposal '
(milltons)
(7)
Net tax credit
under the
proposal
(millions)
(8)
47 1 0 94 2 0 ,
0to$3 - - ,16 5 38.8 232.9 77.6
J310J5 — -- 7- UI'S 252 5 687.5 597.3
J5toJ75 - i'Ji lito 1.092.3 1,065.0
J7.5toJ10 — — - Sf?! lu 9 1.544.9 1,544.9
J10to$15 514? 2832 708.1 708.1
J15toJ20 [ 283.Z ^l^j 230.4 221.9
J20to$25 1 Sii 24 9 214.3 84.6
J25IOISO. -I l?-i 0 S3.9 0
$50and over -f -
T^,„ ' 1.976.0 1.727.0 *.858.5 4,299.4
^ T ! . ,u. „h,.^.,i Source;Staff of the Joint Commi
' ?L^""^'rprsaMor?"a meT;" a^tV^ S" of tuition without any limitations.
; Ltn I'^'reTth'^u^r'aHo^taxaV returns, because o,.n^
to absorb the tax credit fully, because of the limitation of the credit to JZOO per siuoeni, ana
because of operation of the phaseout.
Q ~jQ For purposes of this paragraph, the amount
, T, n^^ of the tuition with respect to any student
A bill to amend the Internal Revenue Coae ^^^^ ^e taken into account for any
oJ 1954 to allow a "edU against the in- ^^^^^ ^^^^ ^^^ ^^^^^ ^^^
dividual income tax for tuition paid ror the ., ,^^ rxduction of credtt.— The aggregate
elementary or secondary education of de- ^^^^^jj^ which would (but for this para-
pendents graph) be allowable under subsection (a)
Be it enacted by the Senate and House of ^j^^^ ^^ reduced by an amount equal to $1
Representatives of the United States of ^^^ ^^^ jyn j20 by which the adjusted
America in Congress assembled. gross Income of the taxpayer (or. If the tax-
Section 1 Allowance of CREorr. payer Is married, the adjusted gross Income
(a, GENEKAL RxxLE.-Subpart A of part IV of the ^"pay^rand his spot^^ purJSes of
of subchapter A of chapter 1 of the Interna: ab e year ''^?^J}^^^.^°l^l^'^^i^°.
Revenue Code of 1854 (relating to credits this paragraph, marital status shall be deter
allowable) is amended by redesignating sec- "^P*^ ^^ !!f "°° ^*^ ^„cial Rules -
tlon 42 as section 43, and by inserting after "tO D^^^noNs and Special Ritles.
secfon 41 the foUowlng new section : ^''^P^^^i.^^^i.T^rm" tuition' means
"Sec. 42. TurriON Paid for Elementary or ^^ v amount required for the enroUment or
Second Education. attendance of a student at a private non-
"(a) General Rttlk.— There shall be al- profit elementary or secondary school. Such
lowed to an Individual, as a credit against ^^^^ ^^^ ^0^ include any amount paid
the tax Imposed by this chapter for the directly or indirectly for meals, lodging,
taxable year, the amount determined under transportation, supplies, equipment, cloth-
this section for tuition paid by him during mg, or personal or famUy expenses. If the
the taxable year to any private nonprofit amount paid for tuition Includes any amount
elementary or secondary school for the ele- ,not separately stated) 10^-^^'^^.^^%'^^,
mentary Ir secondary education ^ a full- ^^^^^^.P^^^^f ^rtroH-hlch K^^^^^
time student of any dependent with respect ^°^^^ P^^ ^j^^u ^e determined under reg-
to whom the taxpayer Is allowed an exemp- "^^ prescribed by the Secretary or his
tion for the taxable year under section 151 jjgjgg^te
(e). ..(2) Private nonproftt elementary or
"(b) Determination OF Amount. — secondary school. — The term 'private non-
"(1) Amount per dependent. — The amount profit elementary or secondary school' means
allowable under subsection (a) for the tax- ^n educational organization described In
able year with respect toi any dependent section 17(b) (1) (A) (ID-
shall not exceed the lesser of- "(A) which is described in section 501
•(A) 50 percent of the tuition paid by the (c)(3) and which is exempt from tax under
taxpayer during the taxable year to a prU ^«^,7°" ^"^'j*^' regularly offers education at
vate nonprofit elementary or secondary (B) wmcn '*8""'"^ " , ^
school for'the elementary or secondary edu- ^^t %^;^^^^Zr:r^ZVr/s^:^en^ who
cation as a full-time student oJ^;^ch depend- ^,^>*e^?ro?he compulsory education laws
ent during a school year which begins or ^ ^^^^^^^ satisfies the requlremenU of
ends in such taxable year, or "' '-", ^^<*"^
"^B)»200. such laws.
CXIX 50— Part 1 «•
t2.8
10.3
55.2
152.7
301.2
388.8
209.9
217.6
60.9
J1.4
S.1
27.6
76.3
ISO. 6
194.4
10S.0
108.8
30.5
J1.4
4.1
C2
S.S
21c
S2.2
79.4
104.4
30.5
0
SI.O
21.4
70. S
127.0
112.2
25.6
4.4
0
1,399.4
699,7
337,3
362.4
iittee on International Revenue Taxation, Jan. 2, 1973.
"(3) Elementary or secondary educa-
tion.— The term 'elementary or secondary
education' does not include tA) kindergar-
ten, nursery, or other preschool education,
and (B) education at a level beyond the 12th
grade In the case of individuals who are
mentally or physicaUy handicapped, such
term Includes education offered as a sub-
stitute for education at the elementary or
secondary level, ,
"(4) Second year— The term 'school year
means a one-year period beginning July I
and ending June 30.
"(5) Pull-time student— An Individual
is a full-time student for a school year if he
is a student at one or more private nonprofit
elementary or secondary schools during each
of 5 calendar months during the school year.
•(d) APPLla^TION WrrH Other Credits —
The credit allowed by suljsectlon (a to the
taxpayer shall not exceed the amount of tax
Imposed on the taxpayer for the taxable year
by this chapter (computed without regard to
the tax imposed by section 56), reduced by
the sum of credits allowable under this sub-
chapter (Other than under this section and
sections 31 and 39) .
"(e) Amounts Not To Be Taken as De-
ductions—Any paymen* which the taxpayer
elects (in such manner as the Secretary or his
delegate shall by regulations prescribe) to
take into account for purposes of determin-
ing the amount of the credit under this sec-
tion shall not be treated as an amount paid
by the taxpayer for purpose of determining
whether the taxpayer is entitled to (or the
amount of) any deduction (other than for
purposes of determining support under sec-
tion 152). .,,
"(f) REGULATIONS— The Secretary or his
delegate shall prescribe such regulations as
may be necessary to -arry out the provisions
of this section."
(b) LlMn-ATIONS ON EXAMIN.mON OF
BOOKS and RECORDS.— Section 7605 of the
Internal Revenue Code cf 1954 (relating to
778
CONGRESSIONAL RECORD — SENATE
time and place of ezamlnation) ia amended
by adding at the end thereof the following
new subsection :
"(d) Examination of Books ano Records
OP Church-Controlled Schools. — Nothing
In section 42 (relating to tuition paid for
elementary or secondary education) shall be
construed to grant additional authority to
examine the books of account, or the activi-
ties, of any school which Is operated, super-
vised, or controlled by or In connection with
a church or convention or association of
churches (or the examination of the books
of account or religious activities of such
church or convention or association of
churches) except to the extent necessary to
determine whether the school Is a 'private
nonprofit elementary or secondary school'
within the meaning of section 42(c) (2) ."
(C) Clerical Amendment. — The table of
section* for such subpart A is amended by
strlklnt out the Item relating to section 42
and Intertlng In lieu thereof the following:
"Sec. 4?- Tuition paid for elementary or sec-
ondary education.
"Sec. 43. Overpayments of tax."
(d) Effective Date. — The amendments
made by this section shall apply to amounts
paid on or after August 1. 1973, for school
periods beginning on or after such date.
Sec. 2. Judicial Determinatio^i of Consti-
tutional rry.
(a) Taxpayers Have Standing To Sue. —
Notwithstanding any other law or rule of
law, any taxpayer of the United States may
commence a proceeding ( Including a pro-
ceeding for a declaratory judgment or In-
junctive relief) In the United States Dis-
trict Court for the District of Columbia
within the 3-month period beginning on the
date of the enactment of this Act to deter-
mine whether the provisions of section 42 of
the Internal Revenue Code of 1954 (as added
by section 1 of this Act) are valid legisla-
tion under the Constitution of the United
States. Proceedings commenced under this
subsection may, at the discretion of the
court, be consolidated into one proceeding.
( b ) , JtTDICIAL Dktermination. — Notwlth-
stantttng any other law or rule of law, the
Unlt« States District Court for the Dis-
trict of Columbia shall have Jurisdiction of
any proceeding commenced as provided in
subsection (a) and shall exercise the same
without regard to whether a person asserting
rights Jinder this section shall have exhausted
any ^fcmmistrative or other remedies which
may Wi provided by law. Such proceeding
heard and determined by a court
Judges in accordance with the pro-
'f section 2284 of title 28, United
State^^Dde. and any appeal shall lie to the
Supro^ Court. It shall be the duty of the
eslgnated to hear the case to as-
sign tfWcsLse for hearing at the earliest prac-
ticabl^^ate. to participate in the hearing
and dt^iermlnation thereof, and to cause the
case to be in every way expedited.
shall
of t
vlslo:
By Mr. THURMOND:
?30. A bill to amend chapter 67—
g to retired pay for nonregular
f title 10. United States Code,
orize payment of retired pay ac-
computed to persons, otherwise
at age 50, and for other persons.
d to the Committee on Armed
IT OF RETIREMENT TO RESERVISTS AND
GUARDSMEN AT AGE SO
Mi|t THURMOND. Mr. President, in
the HH session of Congress I introduced
a bil^^hich would provide retired pay
for nW^xegular military service at age 50
on an; ^ective basis, at a reduced rate.
Tht legislation provoked heavy and
favor?*'. Je correspondence to my office
and a number of my colleagues joined
as cosponsors. Because it is my belief this
legislation is fiscally sound and fully
justified I wish to reintroduce this bill
today.
Chief among my reasons for reintro-
duction is the need to provide incentives
to keep young reservists and guardsmen
in imlform as we move from the draft
to the all -volunteer armed forces concept.
Mr. President, experience has shown
that title m retirement at age 60 for
guardsmen and reservists has not proven
to be an effective retention incentive.
This is significantly true among enlisted
persormel where retention is most
critical.
If this trend is not reversed. It will
never be possible to retain effective
Reserve forces under a volunteer con-
cept without a draft. I propose to help
reverse this trend and create a greater
incentive for enlisted personnel to re-
main active in the Reserve components
by authorizing eligible personnel to elect
retirement after age 50.
The great majority of personnel cur-
rently drawing retired pay under title
III are officers, and it is probable that
many of these officers would have served
20 or more years even without retire-
menfbenefits.
As currently structured, retirement
represents a substantial added cost with-
out meeting the full potential return in
the way of increased retention. It does,
however, provide retired pay starting at
age 60 for those individuals who have
served their country for 20 or more years,
even though all requirements have been
met at an earlier age.
In searching for ways to reduce the
dependency of the Guard and Reserves
on the draft, it is appropriate to first
look at ways foi enhancing current bene-
fits and incenpves to make them more
effective in recruiting and retention. In
this regard, the Department of Defense
P^ve Percent Reserve Survey of 1969 in-
dicated a surprising potential in earlier
age retirement for increasing recruit-
ment and retention in the National
Guard and Reserves.
For example, only 5.2 percent of the
Army Guardsmen in grade EI-1 and E-2
who were surveyed said that they would
reenlist in the Guard after completing
their 6 years of obligated military serv-
ice without additional incentives. How-
ever, 28.8 percent of this same group in-
dicated that they would reenlist in the
Guard if retirement were to be granted
at age 50. While these individuals may
change their mind by the time they have
served a full 6 years, the fact remains
that a surprisingly high percentage of
these young men were interested in re-
tirement benefits right from the start of
their military careers. This interest
could mean that earlier age retirement
would provide an excellent "door opener "
for Guard and Reserve recruiting cam-
paigns.
This same survey showed that only
7.8 percent of the enlisted Guardsmen
polled, who were in their last — 6th—
year of obligated service, plarmed on re-
enlisting. However, with an earlier age
retirement plan. 22.9 percent of these
same personnel indicated they would re-
enlist.
January 11, 1973
Obviously, if an earlier age retirement
plan alone would increase retention by
nearly 300 percent, it would provide a
major incentive for attracting combat
veterans separating from active service
and for retaining Guardsmen who have
already completed 6 years of service.
Such retention would represent a major
saving in tax dollars required to train
new recruits, and would represent an in-
valuable increase of experienced person-
nel for the Guard and Reserves who
would materially increase unit combat
readiness.
Mr. President, most importantly, it is
possible to evaluate the effectiveness of
an earlier age retirement as a recruit-
ment and retention incentive without
significantly increasing the cost of this
program. This is possible by basing ear-
lier age retirement on an actuarial plan
depending upon the individual's age at
the time he elects to take his retirement.
Under an actuarial plan these individ-
uals electing to start their retirement
earlier would draw proportionately less
per month.
For most Guardsmen and Reservists,
the option of taking their retirement at
age 50 or after completion of 20 years
of creditable service would be much more
attractive than retirement at age 60. Age
60 does not represent a realistic incen-
tive for today's youth. Moreover, it is not
consistent with active service 20- and 30-
year retirement programs.
Currently, most Guardsmen and Re-
servists who are required to retire, be-
cause of years of service must suffer a
loss in income corresponding to their
Guard or Reserve pay. There is no op-
portunity to recover any part of this
lost income through severence pay or
through retired pay until age 60. Many
Guardsmen and Reservists would ap-
preciate the opportunity to arrange their
retired service pay so as to commence at
the time of their retirement from theu-
primary civilian employment. Such a
combination of retirement pay would
provide added income at just the time
when it is needed most. All of these op-
tions could be made possible under a re-
vised earlier age retirement program.
One question concerning earlier age
retirement is that it might increase turn-
over in the Guard and Reserve by entic-
ing personnel to retire early so as to
qualify for retired pay. While little fact-
ual data has been gathered which either
refutes or confirms this possibility, it is
doubtful that there would be much of an
increase in early retirements resulting
from earlier age retirement. This judg-
ment is based primarily on experience
with senior persormel who are forced out
of the Guard and Reserve by provisions
of the Reserve Officers Personnel Act —
ROPA. It should be noted, however, that
any added early retirements resulting
from earlier age retirement pay would
have offsetting value in that they would
tend to stimulate promotions in the high-
er grades thus alleviating a current
series problem in selected Reserve units.
Mr. President, in addition to enhanc-
ing recruitment and retention, earlier
age retirement would provide the individ-
ual with a means for closing the gap in
protection for his survivors by reducing
the period between 20 qualifying years
January 11, 1973 CONGRESSIONAL RECORD — SEN ATE 779
fnr retirement and the time at which he ervatlon of the natural beauty and wonders By Mr. CHURCH (for himself, Mr. *■
ror retifcuici^ ., . navrlierk o' <^«lr state. WhUe Florida has an abun- Williams, Mr. Humphrey, and
receives his first ^et^ment paycheck ^^ resources she also, like other ^ McCluri) :
Mr. President, I request that this bill ^ j ^^^ problem of trying to stop ..as T bm to nromote development
be appropriately referred and ask unan^- t^e depletion of and encroachments upon J>. ^if^^^j!^ nf^^Tmunitv ^hSSs
mous consent that it be printed in the her natural environment. ^^ ^'?T'^Z nnitS^X^F Seized
RECORD at the conclusion of my remarks. i intend to devote a great deal of my per- throughout the United States, ^-ef erred
There being no objection, the bill was sonal time and effort to this general legis- to the Committee on Labor and Public
ordered to be printed in the Record, as latlve area during the 93d congress and I can Welfare.
uruciv*. think of no better way of beginning than to coMMUNirT school center development act
fouows. g ^^^ introduce the following legislation. ^^ CHURCH. Mr. President, on be-
Be it enacted by the Senate and House of spessard l. Holland national seashore park ^^^ ^j ^^y^^^ ^^^^j ^^g Senators from
Representatives of the United States of Mr. President, for over fifty years Spes- j^g^ Jersey (Mr. Williams), from Min-
iTTicrtca in Congress assembled. That section sard Llndsey HoUand of Bartow, Florida, ^esota ( Mr. HUMPHREY ). and from Idaho
1331(a) of title 10. United States Code, Is served the citizens of his state, most notably Mrn hre) I introduce for appro-
"However a person who Is under the age wrote leglsUtlon that created one of the Center Development Act. ^ ^ ^ ,
ore^rlbed In clause (1), but Is at least 50 county's largest National Parks— The Ever- Many schools in our land, unfortunate-
vears of age Is entitled to retired pay com- glades National Park. I think It Is fitting ^y have now become "sleeping giants."
DUted under section 1401 of this title, based that a park section In Florida be named after -j^^ lights go out and the school plant
upon mortality rates, among those who are this distinguished statesman and defender ^^^^^ ^^.^ ^^ midafternoon. The
currently retired, "ctuarlly computed and of the environment. schoolhouse doors are locked on week-
prescribed for his age In the following tab^: ^o^\P/^^i^^7^Vc^\'S'Na\r^^^^^^^ ends and throughout the summer
ilOO of shore Park in the State of Florida. It Is this months.
retired vav pwcel of land which I propose as the Spes- These schools are using only a small
"For ages: \^ ,q sard L. Holland National Seashore Park. part of their capacity to meet the needs
60 *toil "^^ parcel of property Involved Is an of the communities they sen'C. They are
" -- lt„ Idyllic one, teeming with Indigenous wUd- (directed at only one segment Of the com-
62 00.97 life. For instance, the ad acent Merrltt Is- ""^^ji-^ the vnnnir whn rt^Mve their
63 69. 83 1^^^ wildlife Refuge has had 265 bird species '^^^^l-^^f^^f'y^.Z °^^^f l!},^
64 84.06 Identified within Its boundaries. education behind the walls of these
66. 68.68 The area to be Included within this pro- single-purpose institutions Of learning.
66 ■73'''^ posal for the National Seashore Is an eight- And yet, in almost every municipality
67 "^I'Vn een-mlle stretch of beachfront. There are in the United States, the largest invest-
68 86. 65 appoxlmately 35,000 acres Involved of which j^^gj^^ qj public funds in phvsical facilities
69 — 92.40. 5o^g 24.421 acres have recently been turned ^^ ^^j^^ public school plant. Furthermore.
Sec. 2. Section 1335 (a) of title 10, United over to the Department of Interior for man- hiilldin«?s usuallv within walking
States code, is amended by striking out "60" agement. This transfer of land was necessary ^^^^J^^^^'^^v^^^
and inserting In place thereof "50". to secure the area lor the establishment of distance Of the "^SUDornooasiney serve,
SEC 3 The enactment of this Act does not the Park. are also frequently among the best and
reduce or Increase the retired or retainer I ask that my colleagues Join with me In newest facilities m the area,
pay to which a member or former member of honoring one of Florida's respected servants. The bill which we introduce today —
an armed force was entitled on the day before big cypress national watershed the Community School Center Develop-
Its effective date. j^j, president Big Cypress Swamp and the ment Act — meets the problem of the
Sec. 4. This Act becomes effective on the g^.erglades have remained relatively un- v^'asteful underuse of our schools by
first day of the first calendar month begin- ^Qy^jj^e^ ^y tug effects of man for many years, promoting the development and expan-
nlng after the date of enactment. j^, ^^ ^^^ ^^^y^ g^^y j^ t^ilg century, with gj^^^ ^f community schools in aU 50
the rapid development of Florida, that these states
By Mr. THURMOND (for Mr. areas became threatened, particularly from through implementation of the com-
Ottrnry) • the disturbance of water flows through the :: ^ ..i !,«„««r>f tv,.. T,oi<ThKr.rhnrtH
c; ^^1 A hm t/.' establish the Chassa- swamp lands. Recognizing the fantastic wild munity school concept, the neighborhood
u ^. I J^?: , .if i^illfc aILu fr, land resources which this entire region con- school becomes a total community center
howitzka National Wilderness Area in ^^^^^^^^ ^^d the imminent threat to its pres- for people of aU ages and backgrounds.
the State of Florida; ervatlon. Congress. In 1934, authorized estab- operating extended hours throughout the
S. 332. A bill to establish the St. Marks nsument of the Everglades National Park. yg^r The school works in partnership
National Wilderness Area in the State However, when this was done, it was with- ^,^^^ other groups in the communitv to
iia2°oi"?forirSS'.o?1SferpwSoJ£' °"S' '££1^^^.' SLT^'^^ » ;%'^L.Ev.TcU=r^hoo, designs
State Of Florida, and lor otner purposes, ^^^^ ^^^^ ^^^^ proposed legislation to ac- its program to meet the needs of the par-
o ooA A v,n fv, 1 fi, « lid <l^ire the Big Cypress watershed and Insure ticular people it serves Economy results
b. 334. A bill to authorize tne acQ"^i- the existence of the Everglades. j j-om new uses of existing -esources and
tion of the Big Cypress national fr^h Therefore, i am re-introducing this legis- .^ elimination of duplication of effort,
water reserve in the State of Florida, latlon in the hopes that my colleagues will rnmilri aid In develooine com-
and for other purposes. Referred to Uje join with me in the protection of this area. ^^ ^^^^^^ ^^^^^ J^^ .
Committee on Interior and Insular Af- chassahowttzka national wilderness area - ppriPral irrants would be made
fairs. AND THE ST. MARKS NATIONAL WILDERNESS AREA. ,^, \ VZLZf^^„ or,H cictair. flvUt
Mr. THURMOND. Mr. President, on Mr. President, today I am introducing two fJf,^^"!,^J ' "riCaJo " g^^^^^^
behalf of the distinguished Senator from bills providing for the preservation, as wUd- mg '^O'^^i'f ^^^ ^^"i^,^^^i°^^^^
Florida (Mr. Gurney), I introduce four ernes^ areas, appropriate sections of the St. at colleges and universities thro^ghoiit
bUls, and I ask unanimous consent that Marks wildlife Refuge and the Chassaho- the Nation, ^h>^^. ^^^j" ^^^^^^^^^
a <;tAt.pmpnf nrpnsrpH hv him in rnnnw- witzka Wildlife Refuge. It was the purpose school leaders and, in general, promote
tion wiU? Uie2 b[us S orTnted iS t^e «' ^^« '^^* wilderness Act to secure for the and assist the community school move-
Pvrorn printed m the ^^^^y^^^ p^^ple of present and future gen- ^^^^ Federal grants would also be avail-
Se PRESIDING OFFICER. Without IT^.Ter^e^ '^^"^'^^ °' '''' ^'^'"'^'^^ """" f !« to institutions of higher learning to
objection, it is so ordered. wilderne^' areas are fast disappearing In develop and establL^h new community
STATEMENT BY SENATOR Gurnet this Country. These proposals would set some education centers ;„ „„„i, „f *>,<.
Tnrta^ T a,^ ir,fw,^„^i„» f^,„ hni Ho«nr,cT 48,000 scres aside to remain In their natural Second. Federal grants m each of the
wlIhTe^p^^I^n ani the'proScSn o! state. , , ^ , ,, „ , ^^ f tates would be available for the es-
our natural environment. These four pieces The hearings and extensive studies which tablishment of new community school
of legislation were Introduced In the last have been hsid on these proposals have programs and the expansion of existing
Congress, but were never enacted Into law. served only to underline the overwhelming ^^^^ These grants would help pay for
They represent unfinished business which I desire of residents and organizations to In- training and salaries of community
hope the 93d Congress will complete. sure the preservation of these areas. All that ^"^ '!^^"""'l *"" „„ „. ^ther orocram
Mr. President. I represent citizens who Is needed now Is for Congress to pass this school directors as \vell as other program
have as one of their primary goals the pres- enabling legislation. expenses.
780
CONGRESSIONAL RECORD — SENATE
Third, the Commissioner of Education,
who would administer this act. would also
be charged with the added responsibility
of promoting commimity schools through
specific national programs of advocacy
and education.
Mr. President, community education Is
a demonstrated success In our Nation to-
day. The concept was developed in Flint,
Mich.. In the 1930's, under the leadership
of the Charles Stewart Mott Foundation.
Now there are over 800 established com-
munity school programs in the United
States, and the number is growing
steadily.
It is time for the Federal Oovemment
to recognize the worth of community
schools by contributing to their further
growth. The Mott Foundation has sup-
ported the community school concept
consistently and generously over the
years. The programs fostered by the
Community School Center Development
Act would build on such experience and
give impetus and financial support to
continuing expansion.
The added expenses involved in op-
erating a community school program
are small indeed. The very successful
program in Flint. Mich., has increased
;he school budget by only about 8 percent,
rhe many benefits of the program are
estimated to cost the average Flint home-
owner just a few pennies a day.
A greater return for every dollar spent
■neans that community schools provide
mproved educational programs in a more
economical way.
All segments of our population would
benefit from this act. As chairman of the
3pecial Committee on Aging. I want to
emphasize the advantages to our elderly
through its enactment. Programs of
education, health, recreation, nutrition,
uid transportation — possibly with
ichoolbuses — could be established
:hrough community schools. The variety
Jf possible programs of assistance and
Jiterest to the senior citizen Is almost
inlimited. Older Americans would join
ivith their neighbors in serving on the
community school councils that help de-
mise programs to serve the special needs
>f each community.
Community schools are also ideally
luited to play a major role in the ex-
panded vocational training effort that
his Nation must undertake. More people
han ever before are changing jobs and
:areers during their lifetimes. Those in
I given job often need more trsiining to
•emain proficient at what they are re-
luired to do. The unemployed must de-
velop new skills or improve existing ones
o join the labor force.
Community schools are conveniently
ocated to those who seek vocational
raining. School personnel know the par-
icular needs of the people they serve.
The community school's extended hours
ind year-round operation provide deslra-
>le flexibility to the potential trainee.
The teachers and facilities of the com-
munity school represent a vast resource
miquely fit for the vital task of voca-
ional training.
Using the schools to train our fellow
Americans for jobs is a prudent invest-
ment for this Nation. Many people can
1 ►e helped to avoid the welfare rolls. Still
others can be moved from the welfai*
Janimry U, 1973
rolls onto the employment rolls, becom-
ing tax-paying citizens with a new dig-
nity and respect.
Community schools may be called in-
novative and modem in concept by some.
Yet they are truly based on the "little
red schoolhouse " of our past. This tradi-
tional Institution of an earlier America
is being brought back to modem America
through community schools and the idea
of continuing commimity education. To-
day, through the community schools, the
school can once again contribute in full
measure to the people and community it
serves.
I wish to acknowledge with much
gratitude the assistance of the Charles
Stewart Mott Foundation and the Na-
tional Community School Education As-
sociation In providing information which
proved useful in the preparation of this
bill.
Mr. President, I ask unanimous con-
sent that the text of this bUl be printed
at this point in the Record.
There being no objection, the bill was
ordered to be printed in the Record,
as follows:
s. 335
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled.
. Section 1. This Act may be cited as the
"Community School Center Development
Act'.
STATEMENT OF PUKPOSE
Sic. 2. It Is the purpose of this Act to
provide recreational, educational, and a va-
riety of other community and social services
through the establishment of the community
school as a center for such activities in co-
operation with other community groups.
DETINmONS
Sbc. 3. As used In this Act the term —
(1) "Commissioner" means the Commis-
sioner of Education:
(2) "State" includes. In addition to the
several States of the United States, the DU-
trlct of Columbia, the Conmionwealth of
Puerto Rico. Guam, American Samoa, the
Virgin Islands, and the Trust Territory of the
Pacific Islands;
(3) "State educational agency" means the
State board of education or other agency or
officer primarily responsible for the State su-
pervision of State elementary and secondary
education or if there is no such officer or
agency, an officer or agency designated by
the Governor or State law;
(4) "Council" means the Community
Schools Advisory Council;
(5) "institution of higher education"
means an educational institution in any
State which (A) admits as regular students
, only persons having a certificate of gradua-
tion from a school providing secondary edu-
cation, or the recognized equivalent of such
a certificate. (B) is legally authorized within
such State to provide a program of education
beyond secondary education, (C) provides an
educational program for which It awards a
bachelors degree or provides not less than
a two-year program which is acceptable for
full credit toward such a degree. (D) is a
public or other nonprofit institution, and
(E) is accredited by a nationally recognized
accrediting agency or association or. If not
so accredited, (1) is an institution with re-
^ spect to which the Conunissloner has deter-
mined that there is satisfactory assurance,
considering the resources available to the
institution, the period of time, if any, dur-
ing which It has operated, the effort It Is
making to meet accreditation standards, and
the purpose for which this determination
is being made, that the institution will meet
the accreditation standards of such an agen-
cy or association within a reasonable time,
or 01) U an Institution whose credits am
accepted, on transfer, by not less than thn»
Institutions which are so accredited for ci*d
It on the same basU as if transferred from a^
institution so accredited. Such term also in.
eludes any school which provides not lus
than a one-year program of training to ore-
pare students for gainful employment in a
recognized occupation and which meets the
provision of clauses (A), (B). (D), and (Et
Por purpose of this subsection, the Commls-
sloner shaU publish a list of nationally rec-
ognized accrediting agencies or associations
which he determines to be reliable authorltv
as to the qtiallty of training offered;
(6) "local educational agency" means a
pubUc board of education or other public au-
thorlty legaUy constituted within a State for
either administrative control or direction of
or to perform a service function for. public
elementary or secondary schools In a city
county, township, school district, or other
political subdivision of a State, or any com-
bination thereof as are recognized In a State
as an administrative agency for its pubUc
elementary or secondary schools. Such term
also Includes any other public Institution or
agency having administrative control and
direction of a public elementary or secondarv
school; and
(7) "community school program" means
a program in which a public elementary or
secondary school Is utUized as a community
center operated In cooperation with other
groups in the community to provide recrea-
tional, educational, and a variety of other
community and social services for the com-
munity that center serves.
TITLE I— COMMUNITY EDUCATION
CENTEB GRANTS
Sec. 101. (a) The Conmalssloner shall make
grants to Institutions of higher education
to develop and establish programs in com-
munity education which wUl train people
as community school directors.
(b) Where an Institution of higher learn-
ing has such a program presently in exist-
ence, such grant may be made to expand the
program.
APPLICATIONS
Sec. 102. A grant under this title may be
made to any Institution of higher education
upon application to the Commissioner at
such time, in such manner, and containing
and accompanied by such Information as the
Commissioner deems necessary. Each such
application shall —
(1) provide that the programs and activi-
ties for which assistance under this title is
sought will be administered by or under the
supervision of the applicant;
(2) describe with particularity the pro-
grams and activities for which such assist-
ance Is sought;
(3) set forth such fiscal control and fund
accounting procedures as may be necessary
to assure proper disbursement of and ac-
counting for Federal funds paid to the appli-
cant under this title; and
(4) provide for nmklng such reasonable
reports In such form and containing such
Information as the Commissioner may rea-
sonably required.
AtTTHORIZATION OF APPROPRIATIONS
Sec. 103. There are authorized to be ap-
propriated such sums as may be necessary to
carry out the purposes of this title.
TITLE n— GRANTS POR COMMUNITT
SCHOOLS
Sec. 201. (a) The Commissioner may,
upon proper application, make grants to 1^
cal educational agencies for the establish-
ment of new community school programs
and the expansion of existing ones.
(b) Grants shall be available for the
training and salaries of conamunlty school
directors as well as actual and administra-
tive and operating expenses connected with
such programs.
January 11, 1973
CONGRESSIONAL RECORD — SEN ATE
781
AFPOaTION MXNT
Sic. 202. The number of project grants
avaUable to each State, subject to uniform
criteria established by the Commissioner,
shall be as follows:
(1) States with a population of less than
Ave mUllon shall receive not more than four
projects;
(2) States with a population of more than
five million but less than ten million shall
receive not more than six projects;
(3) States with a population of more
than ten mUllon but less than fifteen mU-
llon shall receive not more than eight proj-
ects; and
(4) States with a population of more than
fifteen million shall receive not more than
ten projects.
CONStn-TATION WITH STATE EDTJCATIONAl.
AGENCY
Sec. 203. In determining the recipients of
project grants the Commissioner shall con-
sult with each State educational agency to
assure support of a program particularly
suitable to that State and providing ade-
quate experience in the operation of com-
munity schools.
AtTTHORIZATION OF APPROPRIATIONS
Sec. 204. There are authorized to be ap-
propriated such sums as may be necessary
to carry out the purposes of this title.
TITLE in— COMMUNITY SCHOOL
PROMOTION
PROMOTION
Sec. 301. In order to promote the adoption
of community school programs throughout
the United States the Commissioner shall —
(1) accumulate and disseminate pertinent
information to local communities:
(2) appoint twenty-five teams, consisting
of not more than four individuals on each
team, to assist communities contemplating
the adoption of a community school program;
and
(3) establish a program of permanent Ual-
son between the community school district
and the Commissioner.
ADVISORY COUNCIL
Sec 302. (a) There Is hereby established
In the office of the Commissioner a Commu-
nity Schools Advisory Council to be composed
of seven members appointed by the President
for terms of two years without regard to the
provisions of title 5, United States Code.
(b) The Council shall select Its own Chair-
man eind Vice Chairman and shall meet at
the call of the Chairman, but not less than
four times a year. Members shall be ap-
pointed for two-year terms, except that of
the members first appointed four shall be
appointed for a term of one year and three
shall be appointed for a term of two years
as designated by the President at the time
of appK>intment. Any memt>er appointed to
fill a vacancy occurring prior to the expira-
tion of the term for which his predecessor
was appointed shall serve only for the re-
mainder of such term. Members shall be eli-
gible for reappointment and may serve after
the expiration of their terms until their suc-
cessors have taken office. A vacancy In the
Council shall not affect Its activities and
four members thereof shall constitute a
quorum The Commissioner shall be an ex
officio member of the CouncU. A member of
the Council who Is an officer or employee of
the Federal Government shaJl serve without
additional compensation.
(c) The Commissioner shall make available
to the Council such staff. Information, and
other assistance as It may require to carry
out Its activities.
FUNCTIONS OF THE COUNCIL
Sec. 303. The Council shall advise the
Commissioner on policy matters relating to
the Interests of community schools.
COMPENSATION OF MEMBKBS
Sec. 304. Each member of the CovmcU ap-
pointed pursuant to section 302 shall receive
$50 a day, Including traveltlme, for each
day he Is engaged In the actual performance
of his duties as a member of the CouncU.
Each such member shall also be reimbursed
for travel, subsistence, and other necessary
expenses incurred In the performance of
his duties.
AUTHORIZATION OF APPROPRIATIONS
Sec. 306. There are authorized to be ap-
propriated such sums as may be necessary
to carry out the purposes of this title.
TITLE rv— MISCELLANEOUS
PBOHIBrnONS AND LIMITATIONS
Sec. 401. (a) Nothing contained In this
Act shall be construed to authorize any de-
partment, agency, officer, or employe-^ of the
United States to exercise any direction, su-
pervision, or control over the curriculum,
program of Instruction, administration, or
personnel of any educational institution or
school system.
(b) Nothing contained In this Act shall be
construed to authorize the making of any
payment under this Act for the construction
of facilities as a place of worship or religious
instruction.
JUDICIAL REVIEW
Sec. 402. (a) If any State or local educa-
tional agency Is dissatisfied with the Com-
missioner's final action with respect to the
approval of applications submitted under
title II, or with his final action under sec-
tion 406, such State or local educational
agency may, within sixty days after notice
of such action, file with the United States
court of appeals for the circuit In which
such agency Is located a petition for review
of that action. A copy of that petition shall
be forthwith transmitted by the clerk of the
court to the Commissioner. The Commis-
sioner shall file promptly In the court the
record of the proceedings on which he based
his action, as provided for In section 2112
of title 28. United States Code.
(b) the findings of fact by the Commis-
sioner, if supported by substantial evidence,
shall be conclusive; but the court, for good
cause shown, may remand the case to the
Commissioner to take further evidence, and
the Commissioner may thereupon make new
or modified findings of fact and may modify
his previous action, and shall file In the
court the record of the further proceedings.
Such new or modified findings of fact shall
likewise be conclusive If supported by sub-
stantial evidence.
(c) Upon the filing of such petition, the
court shall have Jurisdiction to affirm the
action of the Commissioner or to set it aside.
In whole or in part. The Judgment of the
court shall be subject to review by the Su-
preme Court of the United States upon
certiorari or certification as provided in sec-
tion 1254 of title 28. United States Code.
ADMINISTRATION
Sec. 403. (a) TTie Commissioner may dele-
gate any of his functions under this Act to
any officer or employee of the Office of Edu-
cation.
(b) In administering the provisions of
this Act, the Commissioner Is authorized to
utilize the services and facilities of any
agency of the Federal Government and of
any other public agency or institution In
accordance with appropriate agreements, and
to pay for such services either In advance or
by way of reimbursement as may be agreed
upon.
PAYMENTS
Sec 404. Payments tinder this Act may be
made In installments, to advance, or by way
of reimbursement, with necessary adjust-
ments on eiccount of underpayment or over-
payment.
WITHHOLDING
Sec. 405. Whenever the Commissioner,
after glvtog reasonable notice and oppor-
tunity for heartog to a grant recipient under
this Act, finds —
(1) that the program or activity for which
such grant was made has been so changed
that it no longer complies with the provi-
sions of this Act; or
(2) that In the operation of the program
or activity there Is faUure to comply sub-
stantially with any such provision; the Com-
missioner shall notify in writing such re-
cipient of his findtogs and no further pay-
ments may be made to such recipient by the
Commissioner until he Is satisfied that such
noncompliance hais been, or will promptly
be. corrected. The Commissioner may au-
thorize the conttouance of payments with
respect to any programs or activities pur-
suant to this Act which are betog carried
out by such recipient and which are not
tovolved to the noncompliance.
AtTDIT AND REVIEW
Sec. 406. The Commissioner and the
Comptroller General of the United States,
or any of their duly authorized representa-
tives, shall have access for the purpose of
audit and examtoatlon. to any books, docu-
ments, papers, and records of a grantee,
under this Act, that are pertinent to the
grant received.
REPORTS TO THE CONGRESS
Sec. 407. The Commissioner shall transmit
to the President and to the Congress an-
nually a report of activities under this Act,
Including the name of each applicant, a
brief description of the facts in each case,
and the number and amount of grants.
Mr. WILLIAMS. Mr. President, in the
19 years since I first came to Congress,
I have witnessed some dramatic changes
in the education system in the United
States.
The launching of sputnik had a pro-
found effect upon us.
Education shifted from a matter of
local and State concern to a national
priority.
As we moved into the decade of the
1960's our increasing awareness of the
inequities of "the system" as a whole led
us to begin to spend substantial amoimts
of our Federal dollars on college scholar-
ships, library programs, and the com-
pensatory education of disadvantaged
children.
And these were landmark programs of
which we can all be proud.
Unfortunately, this has not been
enough. We are faced with a greater crisis
in our schools than ever before. And this
is particularly true in our cities and in
low-income aresis.
There have been numerous reasons
given for this crisis — nonresponsive cur-
ricula; inadequate distribution of teach-
ers; inadequate and unfair local taxing
policies; lack of public support for edu-
cation; insensitivity to individual student
needs — the list seems endless.
What is really happening, however, is
that in large part education is serving
classes of people in different ways but
there is no force binding these classes
together. In short, school are not serving
their communities as a community.
Why is it that so many parents ask
their kids each night at the dinner
table — "What did you do at your school
today?" Why is it that there are only a
few nights each year when a parent
visits the local school and then only to
find out how their child is progressing?
Why has it become so difficult for
locsJlties to win approval of school bond
issues?
There are no easy answers to these and
countless other questions which are being
782
CONGRESSIONAL RECORD — SENATE
Jantiary 11, 1973
asked with regard to our present system
of education.
But one of the answers is that the
increasing fragmentation in our society
has blinded us to the fact that educa-
tion can become a community affair, and
as such can provide a priceless service
to all the people of that community.
Over 30 years ago in Flint, Mich., im-
der the direction and leadership of
Charles Stewart Mott and the Mott
Foundation, the concept of the commu-
nity school center was first conceived.
As this program developed the school
became a complete neighborhood facility
serving not only schoolchildren but
adults, senior citizens, and community
groups with a full complement of edu-
cation, social, recreational, health, local
government, public safety and voca-
tional services.
In fact, the community school has be-
come an institution which is tailor made
for the job of expanding and extending
opportimities within the framework of
elementary and secondary education.
The programs which it offers grow out
of the needs of society and the personal
and social requirements of the commu-
nity. These centers have clearly demon-
strated their potential to respond to so-
ciety's changing needs in ways that bring
about improvement to the localities they
serve.
Today, there are over 300 established
community school programs through-
out the United States — and that num-
ber is growing steadily. A Senator from
a large urban State such as my own does
not have to go beyond the boimdaries of
his constituency to see how quickly com-
munity education is catching on. In New
Jersey there are at least six districts
which have active and successful com-
munity school center programs. And the
list is growing. Other school districts are
in the process of starting such programs
or are actively considering their imple-
mentation. Montclair State College has
a program funded by the State and the
Mott Foundation for the training of
community school directors. There is a
center in southern New Jersey which
serves eight counties in the area. Indeed,
I was most gratified to note the com-
mitment which was made by New Jer-
seys CommissicMier of Education. Dr.
Carl Marburger, at the Sixth Annual
Adult and Continuing Education Resi-
dent Institute held in May of this year.
He said:
I believe that only now are we beginning
to appreciate the real need for community
Involvement in education — although, of
course, the Idea Is not neAe>At one time, the
school was the commy.rfy; but as our way
of liJt became morer'^mplex and moved at
a more rapid pace, the schools began to drift
away from the Idea, to become more Isolated
from the mainstream of community life. In
our striving to keep up with technological
progress and sheer bigness, we educators have
built Islands in our culture — honest, decent
Islands, to be sure, but often lacking rele-
vance to the real world around them.
And there are many other examples
of State and local commitment to the
community school center. We saw dra-
matic evidence of the value of this con-
cept here in Washington, D.C., where 13
community schools have grown up. The
results have been that daily attendance
increased; there was improved partici-
pation at PTA meetings, vandalism at
these schools sharply declined, the li-
braries were used to a fuller extent, chil-
drai's reading ability improved, and
there was a remarkable rise of pride and
involvement in the educational process
on the part of parents, teachers, stu-
dents, and the citizens in the surround-
ing neighborhoods. Similar reports have
come In from across the Nation from
Wisconsin, Ohio. Idaho, Kentucky, Ari-
zona and Utah.
As my colleagues know, a few years
ago I became interested in a movement
which was gaining momentum in higher
educatlon-^the comprehensive commu-
nity colleges. In many respects commu-
nity colleges fulfill the same role as com-
munity school centers. They are close to
the people who they are designed to
serve. They give young and old alike the
opportunity to develop and express
themselves in a wide variety of living and
learning situations. They are flexible In-
stitutions and try to foster a sense of
community spirit. And much like the
community school movement they were
making it on their own, expanding at a
phenomenal rate, but with minimal sup-
port from the Federal Government.
In response to a clear national need
I introduced legislation to provide sub-
stantial Federal financial assistance to
both expand and also to establish com-
prehensive community colleges. I am
happy to say that the major substance
of this bUl was included in the Higher
Education Amendments of 1972 which
were enacted in June of last year.
It was for virtually the same reasons
that I joined with Senator Church in the
last Congress In Introducing that Com-
munity School Center Development Act.
And it is why we are reintroducing this
bill today.
It is my feeling that this legislation
will provide the boost which Is needed
to make community schools a reality
throughout the United States. Only a co-
ordinated national effort can bring this
about.
The Commimlty School Center De-
velopment Act will not, at the outset, be
a comprehensive bill reaching every
school district in the Nation. It is a pilot
program designed to serve as the begin-
ning of an all-out Federal effort. It will
work in several ways.
First, it authorizes Federal grants to
be made to colleges and universities in-
terested in developing or expanding
community education centers for the
training of community school directors.
This group of community education per-
sonnel serve as the key to successful
community school programs and will
provide the leadership necessary to fol-
low through on our commitment.
Second, it will make Federal funds
available to a specified number of school
districts in each State which want to
establish new community school pro-
grams or expand existing programs.
These grants will be available to help
cover the training and salary costs of
community school directors as well as
other program expenses.
Third, the Commissioner of Education
will be charged with the responsibility
of promoting the adoption of CMnmunity
school programs throughout the country
He will have at his disposal 25 teams
whose Job it will be to lend advice and
assistance to communities wishing to
adopt these programs.
In addition, the bill establishes a Com-
mimlty School Advisory CouncU to ad-
vise the Conmiissioner on policy matters
relating to the interests of community
schools.
Since Senator CntnicH and I first in-
troduced this bill on October 12, 1971,
we have received a remarkable and most
welcome response in support of our
efforts. While the press of other legisla-
tive business made further action impos-
sible in the last Congress, I am most
anxious to move ahead on the bill this
year. The whole structure of American
education must be infused with fresh and
flexible approaches. The Community
School Center Development Act will be
an important part of that new look.
By Mr. HART (for himself, Mr.
Metcalf, and Mr. Case) ;
S. 336. A bill amending section 133(f)
of the Legislative Reorganization Act of
1946 with respect to the availability of
committee reports prior to Senate con-
sideration of a measure of matter. Re-
ferred to the Committee on Government
Operations.
AMENDING THE LEGISLATIVE REORGANIZATION
ACT OP 1946
Mr. HART. Mr. President, I am today
introducing two measiu-es which deal
with the operation of the Senate. They
are both geared to helping this body
become more responsible, efficient, and
better Informed.
The flrst (S. 336) , which is cosponsored
by Senators Metcalf and Case, deals
with adequacy of notice and informa-
-»tion to Senators before Senate floor con-
^^OT&Bfation.
As*" originally reported in 1967, the
Legislative Reorganization amendments
provided that a measure or matter re-
ported by any standing committee of the
Senate could not be considered in the
Senate unless the report of the commit-
tee had been available for at least 3
calendar days — excluding Saturdays,
Sundays, and legal holidays.
On the Senate floor, the bill was
amended by voice vote to permit waiving
of this provision by joint agreement of
the majority leader and the minority
leader.
Mr. President, I mean no disrespect
whatsoever to the present majority and
minority leaders when I say I believe the
original language weis preferable. In
order for Senators to legislate intelli-
gently, and on the basis of the facts, it
seems to me essential that at a minimum
they have available — reasonably in ad-
vance of floor debate — the report of the
committee involved, together with such
minority or supplemental views as com-
mittee members may wish to add.
The essential spirit of the Reorgani-
zation Act was to assure sufficient time
for Senators to make Informed decisions.
Yet this provision makes It possible for
legislation to be debated and voted
upon — as has happened — through agree-
ment of the leaders or their designees
as the 1967 debate stipulated, without
Janmnj 11, 1973
CONGRESSIONAL RECORD — SEN ATE
783
this most elementary information being
in the hands of the Senators in time to
be studied.
We would be better off, in my opin-
ion, to strike this waiver. Then, if sud-
den action were essential, the imsuii-
mous-consent device could be utilized
and all Senators would be on notice. In
my view, we place an impossible burden
on the leadership to do otherwise.
Accordingly, (S. 336 > simply strikes
subsection (1) of section 133(f) of the
Legislative Reorganization Act of 1946,
thus restoring the 3-day rule except for,
first, declaration of war or national
emergency; or, second, any executive
decision which would become effective
absent action by the Congress.
By Mr. BROCK (for himself, Mr.
Allen, Mr. Baker, Mr. Harry
F. Byrd, Jr., Mr. Eastland, Mr.
GOLDWATER, Mr. HANSEN, Mr.
Stennis, Mr. Thurmond, Mr.
Tower, and Mr. Griffin) :
S.J. Res. 14. A joint resolution propos-
ing an amendment to the Constitution
of the United States relating to open ad-
missions to public schools. Referred to
the Committee on the Judiciary.
• The remarks of Mr. Brock and other
Senators upon the introduction of this
joint resolution are printed earlier in the
Record under "Compulsory School Bus-
ing."
ADDITIONAL C(^PONSORS OF
BELLS
S. 49, S. 59 AND S. 284
Mr. WILLIAMS. Mr. President, after
Congress had adjourned sine die last
October, Mr. Nixon vetoed two pieces of
legislation which were vital to the wel-
fare of certain veterans and their fam-
ilies. With these vetoes, he effectively
slammed the door in the face of those
veterans who have anticipated a burial
in a national cemetery or who have been
massively disabled in military service to
America.
The men whose hopes and welfare were
dashed by this callous disregard to their
sacrifice are the same men who fol-
lowed their orders and either defended
our country in perilous times or partici-
pated in the tragedy we have perpe-
trated In Vietnam. Now their service is
over, their commitment has been met
and In the course of fulfilling that serv-
ice they have died or been disabled, but
the benefits approved in Congress by a
substantial margin will not be received.
I am most gratified that identical leg-
islation has been reintroduced early in
this session and todar I am adding my
name as a cosponsor of both the Na-
tional Cemeteries Act of 1973, S. 49, and
the Veterans Health Care Expansion Act
of 1973, S. 59.
In the near future, we must termi-
nate the shameful, destructive war in
Vietnam which Mr. Nixon insists on sus-
taining and we must improve Govern-
ment assistance to those Americans who
have suffered dearly during military
service. As a result, I am again support-
ing these two important bills and urge
Congress to approve them rapidly.
The National Cemetery Act of 1973
establishes within the Veterans' Adminis-
tration a national cemetery system and
realistically increases the existing burial
allowance. Congress has been studying
and developing legislation to achieve
these basic goals since 1966. And while
this sort of revision has been pending in
Congress, the national cemetery system
has not been expanded. As a result, most
of these cemeteries are full and veterans
are either unable to be buried in a na-
tional cemetery or must be buried in such
a cemetery several hundred miles from
their homes.
For example, in New Jersey there are
over 1,100,000 veterans, yet except for a
very few Vietnam casualties the Beverly
National Cemetery has been closed to new
burials since the end of 1965.
Last year I emphasized the critical
shortage of burial space in New Jersey
by Introducing legislation to expand the
Beverly National Cemetery. Unfortu-
nately, action was not taken on that bill
and now New Jersey veterans must seek
burial space as far away as Long Island
or North Carolina.
Under S. 49, the Administrator of the
Veterans' Administration would be in a
position to resolve this situation by con-
ducting a survey to determine the need
for national cemeteries throughout the
country and then requesting authoriza-
tion from Congress for the acquisition
and development of the most sorely
needed cemeteries.
Mr. President, I am joining as a spon-
sor of Senator Cranston's bill, the Vet-
erans Health Care Expansion Act. This
legislation would open up our veterans'
hospital system to the wives and children
of veterans who were totally disabled in
combat and to the wives and children of
men who died in service to their coun-
try. It extends to those men who have 80-
percent service-connected disabilities the
full benefits of the VA medical system.
With regard to the facilities and serv-
ices available, the bill requires that the
separate medical departments of each
VA hospital bring their staff to patient
ratio up to the same level of hospitals in
the community and provides for im-
proved structural safety of all VA fa-
cilities. Finally, this bill establishes a
sickle cell anemia program in the vet-
erans' health care system.
This bill would have a substantial im-
pact on New Jersey's large veteran pop-
ulation. For example, the families of
nearly 8,000 New Jerseyites who died in
service, the 2,000 veterans who are 80- or
90 -percent disabled, and the families of
veterans who are totally disabled would
be brought into the VA hospital system
for the first time.
Apparently, Mr. Nixon in vetoing this
bill did not feel that these men and their
wives and children who gave their all to
America should be able to have the as-
surance that their health needs will be
met by their Government.
Today I am also pleased to cosponsor
Senator Cranston's bill, S. 284, which
provides comprehensive treatment and
rehabilitative services for veterans who
stfffer from alcoholism and drug abuse.
The war in Vietnam has led to a new
series of problems for the military' serv-
ices which we must confront. Just as we
are experiencing the return of more to-
tally disabled veterans who were whisked
from the Vietnam battlefield in heli-
copter medivacs, so also great num-
bers of American veterans are return-
ing from war addicted to drugs for the
flrst time.
All of these men must be cared for
and assisted in this time of need. For-
tunately, Senator Cranston has rein-
troduced the Veterans Drug and Alco-
hol Treatment £ind Rehabilitation Act
of 1973 which passed the Senate last
year but died in the House.
I am pleased to support these three
pieces of legislation as Congress again
is demanding that the sacrifices made
by so many Americans in the service
of our country must be recognized. De-
spite anticipated administration opposi-
tion, we shall strive to insure that vet-
erans receive the benefits and care they
rightfully expect and deserve from their
CJovernment.
I commend Senators Hartke and
Cranston for their important leadership
in veterans matters. I trust that Con-
gress will give speedy approval to these
bUls.
S. 250
At the request of Mr. Ribicoff, the
Senator from New Hampshire < Mr. Mc-
Intyre) was added as a cosponsor of
S. 250, to amend the Internal Revenue
Code of 1954 to allow a credit against
the individual income tax for tuition paid
for the elementary or secondary educa-
tion of dependents.
S. 260
At the request of Mr. Chiles, the Sena-
tor from Maryland (Mr. Beall), the
Senator from South Dakota (Mr. Mc-
GovERN), the Senator from Florida (Mr.
GuRNEY), and the Senator from Illinois
(Mr. Percy) were added as cosponsors
of S. 260, to provide that meetings of
Government agencies and of congres-
sional committees shall be open to the
public, and for other purposes.
SENATE RESOLUTION 14— SUBMIS-
SION OF A RESOLUTION TO AMEND
RULE xxvn
(Referred to the Committee on Rules
and Administration.)
Mr. SCHWEIKER. Mr. President, I
submit a resolution to amend rule
xxvn of the standing rules to provide
for the appointment of Senate Conferees.
This proposal would add to the Senate
rules a requirement that the majority
of the members of a conference commit-
tee must be in favor of the legislation
as passed by the Senate, as well as in
favor of the prevailing opinion of the
Senate on the major matters in disagree-
ment with the House of Representatives.
In addition, the rules change would for-
malize existing precedent that the con-
ferees need not be members of the Sen-
ate committee which has reported the
original measure to the Senate.
Similar provisions have already been
adopted by the Democratic conference
by a vote of 42 to 1 In 1972. I think this
overwhelming vote reflects the logic and
appropriateness of this approach to the
selection of the members of a conference
committee.
JH
- r
CONGRESSIONAL RECORD — SENATE
January 11, 19?S
Mr. President, I am pleased that the
: ollowlng Senators are joining me as eo-
ponsors of this resolution: Cranston,
:;htjrch. Hart, Hattizld, Hughes. JAvrrs,
■lATHIAS, Moss, PROXMIRE, RiBICOFT,
Stafford, Stevenson, and Taft.
This is a very simple resolution, which
lEis already been agreed to by a substan-
ial portion of the Senate. Therefore, I
ijn hopeful it will receive speedy con-
ilderatlon by the Rules Committee so
hat it can be passed by the Senate and
ncorporated Into the standing rules at
in early date.
Mr. President, I ask that the text of
he resolution be printed in the Record
it this point.
There being no objection, the resolu-
ion was ordered to be printed in the
: lECORD, as follows :
S. Res. 14
Resolved. That Rule XXVII of the Stand-
]ng Rules of the Senate Is amended —
( 1 ) by strUclng out of the heading "RE-
•ORTSOP": and
(2) by adding at the end thereof the fol-
: owing new paragraph :
•'3. The chairman of a committee re-
](ortlng a measure to the Senate shall. In
1 lomlnatlng Senate conferees to serve on r
( ommlttee of conference considering such
I neasure. make certain insofar as practicable
' hat at least a majority of the conferees he
nominates shall have Indicated their sup-
] (ort of such measure as passed by the
I lenate and their support for the prevailing
I iplnlon of the Senate on each of the prln-
iilpal matters of disagreement with the
; louse of Representatives on such measure.
A Senator need not be a member of the
I lommlttee of the chairman nominating such
I onferees in order to serve as a conferee con-
ilderlng such measure. '
SENATE RESOLUTION 15 — SUBMIS-
SION OF A RESOLUTION
FOR STUDT or SEJJATS HEARING OFFICKH
STSTKM
(Referred to the Conunittee on Rules
und Administration.)
Mr. HART. Mr. President, certainly
ew days pass in the Senate without sev-
(ral of its Members complaining about
he impossible schedule they are at-
empting to follow.
Anyone who has had more than an
lour's contact with the Senate, would —
;n fairness I think — agree that as the
years have passed the schedule has be-
x>me humanly impossible.
Much of this is due to the weight of
subcommittee and committee meetings
vhich — especially when they are con-
stantly Interrupted by other business as
hey Inevitably are — seem unending.
Each of us frequently faces a schedule
•ATd in the morning that wlU list three,
our. or as many^w five hearings, con-
erences, executive sessions, or such com-
nittee business for the day. Most likely
ill are rimnlng concurrently.
Mr. President, the present committee
learlng system I suspect made good sense
vhen being a Member of Congress was a
)art-tlme job and when the world moved
nuch more slowly.
Unfortunately, today's world cannot
iccommodate a Senate hearing system
■eflecting the world that was.
Therefore, I today submit a resolu-
;ion which would establish a special com-
mittee to investigate the feasibility of
improving the efficiency of the Senate's
hearings. In particular, this committee —
consisting of 19 members of the Senate —
would be charged with examining the
feasibility and desirability of adopting a
Senate hearing ofQcer system.
Let me explain a little as to how I con-
ceive such a system might operate — and
the advantages it would hold for making
it possible for each of us to do a better
job.
These are, of course, initial Impres-
sions— subject to rejection or more hope-
fully, improvement by the special com-
mittee.
Basically, the function of the hearing
officers would be to preside over hearings
ana to present a condensed report to
members of the subcommittee — or com-
mittee— sitting en banc.
The committee itself would have full
discretion and responsibility for matters
which would be assigned to the hearing
ofificers — and at what point of the infor-
mation gathering process those matters
would return to the committee for fur-
ther work or solution.
Hearings would be conducted, under
hearing officers, much as they now are
when a Senator is presiding. In other
words, majority and minority staff
would present both sides of the questions.
When the report of the hearing officer
is presented to the committee or subcom-
mittee, minority and majority counsel
would be responsible for time-limited,
oral arguments. Hearing officers would
be empaneled before the committee to
respond to specific questions and to re-
ceive instructions for additional hear-
ings or remand of the subject for addi-
tional work.
Senate hearing officers would be re-
stricted to those matters specifically re-
ferred by the committees and subcom-
mittees and would not have original
jurisdiction for either legislative or in-
vestigative proceedings.
Mr. President, the advantages of this
system, I think, are evident.
First, of course, it would give each of
us hundreds of hours every session to
devote to matters now getting too little
attention. This may be fioor work, re-
search, meetings with constituents or
really delving into matters before the
committees.
Second, and perhaps of first impor-
tance to the Nation — legislative and in-
vestigative hearings, which these days
never are held simply because there is
no Senator to chair, will be held. Fur-
ther, the legislative process could be
taken more easily to the people rather
than reserved almost exclusively for
Washington.
Not being able to hold hearings has
been a real problem for all of us, I am
sure. Perhaps the Senate Antitrust and
Monopoly Subcommittee, which I chair,
is as good an example this year as any.
Two months of hearings were wiped
out because of the Kleindienst matter
which was before the full committee.
Two more weeks were lost for the Demo-
cratic convention and two more for the
Republican convention. Additional weeks
were lost because the majority leader
found it necessary to restrict severely
hearings preceding these recesses — and
the adjournment we are now trying to
achieve — In order to have Senators on
the fioor.
Once adjournment is reached, the sub-
committee will not be able to hold hear-
ings until after the election because of
other commitments by its members. The
same may hold true until after the first
of February next year.
So, it is entirely possible that from
February 1972 to February 1973, the sub-
committee staff would have only 4 or 5
months in which to schedule hearings.
Which brings up the third advantage
of adopting a new hearing system — the
more efficient use of committee staff, i
would hesitate to estimate how many
hours under the present system are
wasted because of rescheduling of hear-
ings due to conflicts in the presiding Sen-
ator's schedule or waiting in hearing
rooms while we respond to vote calls or
other duties.
To understand just how long and
drawn out the hearings process can be.
perhaps we should once more look at
the Senate Antitrust and Monopoly Sub-
committee.
An important study done by this group
was that of economic concentration.
Hearings spread over 7 years, 1964-1970.
Yet, they covered only 50 hearing days —
something that could easily be handled
by hearing officers in a few months if it
were deemed desirable.
The fourth advantage of such a system
would be that Senators would escape the
tedium of sitting through the lengthy
oral-information-gathering process —
and still have the advantage of sum-
maries of the significant detail necessary
to making responsible decisions.
Further — since I would hope the hear-
ing officers would be allowed to depose
witnesses and accept return of subpenaed
material — we would be relieved from such
journeys as the famous Dita Beard
Denver trip.
We would be served by a professional
staff of hearing officers — split Into several
panels, each gaining expertise In the sub-
ject matter it handles. The hearing of-
ficers might be appointed by the Demo-
cratic and Republican caucus at the be-
ginning of each Congress and the panels
would be organized in proportion to the
representative memberships of the
parties.
Mr. President, I recognize the irony in
suggesting establishing another commit-
tee when the thrust of these remarks is
to outline the committee burden mem-
bers now have.
However. I do not conceive that the
work of this committee would be either
heavy — or long lived. The resolution sug-
gests a life of 8 months — reporting back
in time to adopt the recommendations
during the 93d Congress. Now. that may
seem a short period of time, but in some
initial shopping around we have discov-
ered that several organizations are ready
and willing to do the research necessary
to give a full picture of the pros and cons
of the system.
Further, we do not necessarily have to
think of this as a system to be adopted
immediately across the board by the
entire Senate committee system. I— as
one subcommittee chairman — would en-
January 11, 1973 CONGRESSIONAL RECORD — SEN ATE
t„tain happUy the idea of participating adopted by the fuU senate ba^ on the re-
teriaixi "**'*:"',, ---,:„„* port and recommendation of this committee,
inademonsirauonprojecu^^ ^ ^^^^ ^^^ to make recommendations with respect
785
It seems entirely practical to me that ^^^^j^^ foregoing, including proposed senate
tbree or four committees and subcom- rules, improvements in the administration
mittees might test out the hearing of- of existing rules, laws, regulations, and pro-
fleer system before deciding whether the cedures. and the establishment of guldeUnes
full Senate wants to adopt it. and standards for the conduct of Senate
So the information needed to develop
a sound idea of the merits and the me-
chanics is not so difficult. It Is my hope
that we will move quickly to get the
research imderway.
The resolution is as follows:
s. Rxs. 15
Resolved, That (a) there Is hereby estab-
lished a special committee of the Senate
which shaU be known as the Special Com-
mittee To Investigate Improvement In the
Senate Hearing Process (hereinafter referred
to as the "committee") consisting of nine-
teen Members of the Senate to be designated
by the President of the Senate, as follows:
(1) one Senator from the majority party
who shall serve as chairman;
(2) two Senators who are members of the
Committee on Rules and Administration;
(3) two Senators who are members of the
Committee on Banking. Housing and Urban
Affairs;
(4) two Senators who are members of the
Committee on Agriculture and Forestry;
(5) two Senators who are members of the
Committee on Commerce;
(6) two Senators who are members of the
Committee on Finance;
(7) two Senators who are members of the
Committee on Government Operations;
(8) two Senators who are members of the
Committee on Interior and Insular Affairs;
(9) two Senators who are members of the
Committee on the Judiciary; and
(10) two Senators who are members of the
Committee on Labor and PubUc Welfare.
One Senator appointed from each such com-
mittee under clauses (3) -(10) of this sub-
section shall be a member of the majority
party and one shall be a member of the
minority party.
(b) Vacancies In the membership of the
committee shall not affect the authority of
the remaining members to execute the func-
tions of the committee. Vacancies shall be
filled In the same manner as original ap-
pointments are made.
(c) A majority of the members of the com-
mittee shall constitute a quorum thereof for
the transaction of business, except that the
committee may fix a lesser number as a
quorum for the purpose of taking testimony.
The committee may establish such subcom-
mittees as It deems necessary and appropriate
to carry out the purpose of this resolution.
(d) The committee shall keep a complete
record of all committee actions. Including a
record of the votes on any question on which
a record vote Is demanded. All committee
records, data, charts, and flies shall be the
property of the committee and shall be kept
In the offices of the committee or such other
places as the committee may direct. The
committee shall adopt rules of procedure not
Inconsistent with the rules of the Senate gov-
erning standing committees of the Senate.
(e) No legislative measure shall be referred
to the committee, and It shall have no au-
thority to report any such measure to the
Senate.
(t) The committee shall cease to exist on
June 30, 1974.
Sec. 2. It shaU be the duty of the com-
mittee—
(a) to make a full and complete study and
Investigation of the extent to which the Sen-
ate Investigative and legislative hearings can
be conducted by Senate hearing officers who
shall be professional staff members appointed
by the Senate in accordance with rules to be
hearings.
(c) onorbefore January 31.1974. the com-
mittee ShaU submit to the Senate for ref-
erence to the standing committees a final
report of Its study and investigation, together
with Its recommendations. The committee
may make such Interim reports to the stand-
ing coDomlttees of the Senate prior to such
final report as It deems advisable.
Sec. 3. (a) For the purposes of this resolu-
tion, the committee Is authorized to (1) make
such expenditures, (2) hold such hearings;
( 3 ) sit and act at such times and places dur-
ing the sessions, recesses, and adjournment
periods of the Senate; (4) require by subpena
or otherwise the attendance of such witnesses
and the production of such correspondence,
books, papers, and documents; (5) adminis-
ter such oaths; (6) take such testimony
orally or by deposition; and (7) employ and
fix the compensation of such technical, cleri-
cal, and other assistants and consultants as
It deems advisable, except that the compensa-
tion so fixed shall not exceed the compensa-
tion prescribed under chapter 51 and sub-
chapter ni of chapter 53 of title 5, United
States Code, for comparable duties.
(b) The committee may (1) utilize the
service, Information, and facilities of the
General Accounting Office or any department
or agency In the executive branch of the Gov-
ernment, fimd (2 1 employ on a reimbursable
bSLSls or otherwise the services of such per-
sonnel of any such department or agency as
it deems advisable. With the consent of any
other committee of the Senate, or any sub-
committee thereof, the committee may utUlze
the faculties and the services of the staff of
such other committee or subcommittee
whenever the chairman of the conunittee de--
termlnes that such action Is necessary and
appropriate.
(c) Subpenas may be Issued by the com-
mittee over the slgnatiu-e of the chairman
or any other member designated by him, and
may be served by any person designated by
such chairman or member. The chairman of
the conunittee or any member thereof may
administer oaths to witnesses.
Sec. 4. The expenses of the committee un-
der this resolution, which shall not exceed
$250,000, shall be paid from the contingent
fund of the Senate upon vouchers approved
by the chairman of the committee.
NO'nCE OF HEARING ON A
NOMINATION
Mr. JACKSON. Mr. President, I wish
to announce for the information of the
Members of the Senate and other inter-
ested persons that the Committee on
Interior and Insular Affairs has sched-
uled open public hearings for Tuesday.
January 16. 1973. on the nomination by
President Nixon of Dr. John C. WhiUker
to be Under Secretary of the Interior.
I ask unsinimous consent that a brief
biographical sketch of Dr. Whitaker be
printed in the Record at this point in my
remarks.
The hearing will begin at 10 a.m. in
room 3110 of the Dirksen Senate Office
Building. Any Members of the Senate
wishing to testify or submit statements
for the hearing record should so advise
the staff of the Committee on Interior
and Insular Affairs.
There being no objection, the sketch
was ordered to be printed in the Record,
as follows:
Biographical Sketch of Dr. John C. Whi-
taker, Under Secretart or the Interior,
Designate
Dr. John C. Whitaker brings to this chal-
lenging post a sound record of achievement
In environmental and natural resource pro-
grams that spans almost two decades.
A graduate of Georgetown University, Dr.
Whitaker received his PhD In geology from
Johns Hopkins University In 1953, and has
had extensive experience cataloguing and
evaluating natural resovirces for the privat*
sector. Industry, and the United States and
foreign governments.
Dr. Whltaker's Intense concern for the
relationship between man and bis environ-
ment has had a profound influence on hU
career.
F>rior to his appointment as Secretary to the
Cabinet in 1969. Dr. Whitaker was the Vice
President of the International Aero Service
Corporation of Philadelphia and headed nu-
meroxis studies of natural resources In the
fields of land use, mineral, petroleum, timber
and soil evalualon.
While a member of the White House staff.
Dr. Whitaker served as a Deputy Assistant
to the President coordinating Inter-depart-
mental task forces to develop executive Ini-
tiatives annunlcated In the I»resldent's Mes-
sages on the Environment and the Presi-
dent's Clean Energy Message.
A member of the American Association of
Petroleum Geologists, the Geological Society
of America, the Society of Exploration Geo-
physlclsts. the American Congress on Sur-
veying and Mapping and the American In-
stitute of Mining and Metallurgical Engi-
neers. Dr. Whitaker is married to the former
Elizabeth Bradley and resides in Bethesda.
Maryland with their five sons.
Born: December 29, 1926 at Victoria, Brit-
ish Columbia. Canada, of U.S. citizen par-
ents.
Education: Graduated Loyola High School,
Baltimore. Maryland — 1944 Bachelor of So-
cial Science, Georgetown University. Wash-
ington. DC. — 1949.
Ph. D.. Geology, Johns Hopkins University,
Baltimore. Maryland — 1953.
Special Courses: United States Navy Aero-
graphers School (weather data compilation
and forecasting) ; Lakehurst. New Jersey —
1945.
Massachusetts Institute of Technology.
Cambridge, Massachusetts, summer course
in photogrammetry and aerial photograph
Interpretation — 1958.
FAMILY
Married to the former Elizabeth Bradley:
five children: John Clifford — 13 years; Robert
Carroll — 11 years; Stephen Bradley — 9 years;
William Burns — 7 years; James Ford — *
years.
Residence: 8013 Greentree Road, Bethesda,
Maryland 20034.
POSITIONS
1947: Summer employment while In col-
lege— with the United States Coast and Geo-
detic Survey performing topographic map-
ping in the City of Philadelphia.
1948-49: Summer employment while In
college — with the United States Geological
Survey field party in Alaska Investigating po-
tential mineral deposits.
1951-53: Instructor, coUege level geology
at Johns Hopkins University. Baltimore,
Maryland while attending graduate school.
1953-55: Geologist for Standard OU of Cali-
fornia— performing exploration field petro-
leum geology — Utah. Nevada, California,
Washington States.
1955-57: Manager — Geophysical sales —
Lundberg Exploration. Ltd. Toronto. Canada
(airborne and ground geophysical contract-
ing).
786
CONGRESSIONAL RECORD — SENATE
January li, 1973
1957-59: Manager, Geophysical sales. Hycon
Aerial Survey. Inc., Pasadena, California
( aerial mapping, photo Interpretation, air
and ground geophysical contracting).
1959-66 : Vice Presldejit, International Aero
Service Corp., Philadelphia. Pa. — airborne and
ground geophysics: aerial mapping; aerial
photographic Interpretation for soils and
forestry Inventories; land use mapping; re-
connaissance preliminary design.
1966-68: Private consultant. Washington,
D.C. Natural resource sales and development
of loan programs representing the Aero Serv-
ice Corporation of Philadelphia and T. Ingle-
dow & Associates, Ltd. of Vancouver. Canada.
1968: January 20th until November — Cab-
inet Secretary Preparation of agenda for
Cabinet jneetlngs; assisted In domestic policy
coordination for the In-comlng Nixon admin-
istration cabinet.
1969: November until present — Deputy As-
sistant to the President for Domestic Affairs.
Assisted In interdepartmental coordination
for the President in the areas of natural
resources and the environment. Coordination
of the preparation of the President's three
environmental messages to Congress (Feb-
ruary 1970. 1971 and 1972) and the Presi-
dent's energy message to Congress of June
1971.
PROFESSIONAL PUBLICATIONS
Geology of Catoctln Mountain — Maryland
and Virginia (PhD Thesis) Bulletin of the
Geological Society of America. 1955.
Cross-bedding In some lower Cambrian
elastics In Maryland Bulletin of the Geo-
logical Society of America. 1955.
The Proton Nuclear Precession Magnetom-
eter for Airborne Geophysical Exploration —
Oil and Gas Journal, 1957.
(The below listed are private reports for
commercial companies or clients.)
Geological and Petroleum Exploration
Analysis of the PUmore Range, Utah.
Geological and Petroleum Exploration
Analysis Clark County, Nevada.
Geological and Petroleum Ebtploratlon
Analysis of Mohave Desert. California.
Geological and Petroleum Exploration
Analysis of Olympic Range, Washington.
Airborne Geophysical Survey and Mineral
Exploration Loan Application for the Govern-
ment of Ghana to the Agency for Interna-
tional Development.
Aerial Photographic Airborne Geophysical
Mapping Loan Application to the Agency for
International Development for the Govern-
ment of the United Arab Republic.
Airborne Magnetic Survey for Mineral Ex-
ploration Loan Application for the Govern-
ment of Turkey to the Agency for Interna-
tional Development.
Air and Ground Mineral Exploration Pro-
-am Loan Application for the Government
of Surinam (Dutch Guiana) to the United
Nations Special Fund.
Air and Ground Mineral Exploration Pro-
gram Loan Application to the United Nations
Special Fund for the Government of British
Guiana.
Natural Resource Inventory and Prellml-
aary Road Location and Engineering Re-
source Development Loan to the World Bank
Tor the Government of Paraguay.
Natural. Resources Inventory Loan Appli-
cation to the Inter-American Development
Bank for the Government of Chile.
Natural Resources Inventory Loan AppU-
:atlon to the Organization of American States
'or the Government of Ecuador.
Federal Working Committees: White House
staff inter-departmental coordination for the
President's three environmental and one
!nergy message to Congress.
Other Professional Activity: Member —
American Association of Petroleum Geolo-
jists, AmerlcsLn Congress on Surveying and
Mapping, Geological Society of America, So-
ciety of Elxploration Geophyslclsts and the
American Institute of Mining and Metallurgl-
;al and Petroleum. Engineers.
ADDITIONAL STATEMENTS
OUSTER OF GEOFFREY MOORE
FURTHER ENDANGERS OUR ECO-
NOMIC STATISTICS
Mr. PROXMIRE. Mr. President, many
fine public servants have received their
walking papers from Mr. Nixon in the
past few weeks; and many are appar-
ently to be replaced by persons of lesser
stature. One of the most inappropriate of
these personnel changes is the removal of
Dr. Geoffrey H. Moore as Commissioner
of Labor Statistics.
The position of the Commissioner of
Labor Statistics is not one which should
be regarded as a political appointment,
and traditionally it has not been. Nor-
mally, Commissioners have continued to
serve even when new Presidents have
taken ofiBce. Ewan Clague, for example,
served four dififerent administrations,
holding ofBce from 1946 to 1964.
This nonpolitical approach to the
managmeent of an important statistical
agency has paid great benefits. The Bu-
reau of Labor Statistics has built a splen-
did reputation for competence and ob-
jectivity in the collection, publication,
and interpretation of statistics. BLS is
responsible for the publication not only
of the monthly price and employment
data, but also of many, many other valu-
able economic series. Even a partial list
includes series on wages, fringe benefits,
collective bargaining, productivity, work
experience and labor force participation.
Each month the BLS publishes the
"Monthly Labor Review, " containing
analytic articles by its own staff and by
outside contributors. Our knowledge and
understanding of how the economy
works has been greatly enhanced by the
analytic work of the BLS as well as by
the statistics they prepare.
During the Nixon administration the
Bureau of Labor Statistics has been sub-
jected to improper political pressures.
Because of its fine and dedicated staff,
headed by Commissioner Moore, who Is
both a highly qualified professional econ-
omist and a man of personal integrity,
the BLS has maintained its record for
the accuracy of its data and the objec-
tivity of its interpretations. However, po-
litical pressures have had their effect in
more subtle ways:
Monthly press briefings have been dis-
continued ;
Outstanding civil servants have been
forced into early retirement;
Publication of quarterly data on un-
emplosTnent in poverty neighborhoods
has been suspended;
Plans for valuable interpretative work
with special 1970 census data on low in-
come areas have been canceled.
These actions have been forced on the
BLS even when it has been headed by a
competent and dedicated professional.
Commissioner Moore has testified before
the Joint Economic Committee on at
least 22 occasions. I have been consist-
ently impressed by his objectivity and
his determination to protect the integrity
of the BLS. I ask consent to have printed
in the Record at the end of my remarks
articles by J. A. Livingston, Hobart
Rowen, and George Bevel, summarizing
Dr. Moore's professional qualifications
and documenting the widely shared con-
cern at his dismissal. I also ask to have
printed in the Record the text of a reso-
lution just adopted by the Industrial Re-
lations Research Association, protesting
the political pressures being exerted on
the Bureau of Labor Statistics.
No new appointment to the positiwi
being vacated by Dr. Moore has been
announced. It will not be easy to find an
adequate replacement.
As J. A. Livingston says in his article:
It will take a giant of a man in compe-
tence. Impartiality, and Integrity to over-
come .the political suspicion that wUl be at-
tached to any Nixon appointee to the poet.
I hope that this giant of a man can be
found. I hereby serve notice that I will
actively oppose any appointee whom I
do not consider to be well qualified and
dedicated to preserving the objectivity
and integrity of the statistical programs.
I do not think the actual statistics pre-
pared by BLS are themselves subject to
political manipulation— the dedicated
professional staff will be able to prevent
that. But many other political manipu-
lations are possible, such as slanted in-
terpretation of the data or political tim-
ing of release dates. Equally serious would
be the attrition of professional staff and
the failure to attract capable new per-
sormel which would take place in an
agency where objective professional re-
search was hampered.
The BLS statistical programs must not
be allowed to become victims of mis-
placed political pressure. The nomination
of a Commissioner of Labor Statistics is
subject to confirmation by the Senate. I
urge all Senators to join me in a careful
examination of the qualifications of any
new appointee.
I ask unanimous consent that several
items appear in the Record at this time.
There being no objection, the items
were ordered to be printed in the Record,
as follows :
[Prom Philadelphia Inquirer, Dec. 20, 1972)
Moore Ouster Irks EcoNoaiisrs
(By J. A. Livingston)
"But whom can they possibly get to replace
hUn. Who, of comparable eminence In sta-
tistics, now would take the Job?"
That was the Instant reaction of econo-
mists and statisticians to the astonishing
news that President Nixon had accepteijl the
proforma, end-of-the-term resignation of
Geoffrey H. Moore as Commissioner of Labor
Statistics.
"I'm disappointed that the Administration
did not see fit to retain a man of his caliber,"
said William H. Shaw, president of the Amer-
ican Statistical Association, "and I am hc^e-
ful that the Administration will find a person
of his stature as a replacement." Shaw is
assistant to the treasurer of Du Pont.
John R. Meyer, president of the National
Bureau of Economic Research, with which
Moore was associated before he went to
Washington, declared:
"If ever a man was a perfect match for a
Job, Geoffrey Moore was for Commissioner of
Labor Statistics. We'll welcome him back at
the bureau If he decides to come."
A. Gilbert Heebner, senior vice president
and economist of the Philadelphia National
Bank, formerly on the staff of the Council
of Economic Advisers as assistant first to Paul
W. McCracken and then to Herbert Stein,
said:
"Geoffrey Moore Is a person of exceptional
talent, Integrity, and stature. His depar-
Januarij 11, 1973
CONGRESSIONAL RECORD — SEN ATE
787
txire would be a loss to any statistical or-
ranizatlon."
How surprisingly It came about! And how
ironically On Friday, Dec. 8. Moore testified
before the Joint Economic Committee. Rep.
Henry Reuss (D., Wis.) , paid him this com-
pliment: "I hope you're around as Commis-
sioner of Labor Statistics for 20 years."
Six days later, Moore got his "Dear John"
telephone call. Maybe approbation from a
Democrat Is the exit line for a Republican
appointee.
I checked with Rep. Reuss to make sure
his was not a Congressional courtesy. He re-
sponded: "Not at all. Moore Is a competent
professional. He's always dealt fairly and
honestly with the committee."
When Chairman William Proxmire of the
Joint Economic Committee, also a Demo-
crat from Wisconsin, heard of Moore's firing,
he said :
"The Inclusion of Commissioner Moore
In the current reshuffle of political appoint-
ees Increases public anxiety about our
basic statistics. Both the public and pri-
vate sectors of our economy depend on ac-
curate, unbiased and objective data, free
of political management. Many millions of
dollars In private contracts and public pro-
grams are determined by price, wage, and
unemployment figures prepared at the Bu-
reau of Labor Statistics."
It's an understatement to say that Moore
was taken aback by his "disappointment."
He had planned to stay on. And had reason
to think he would. The BLS commissioner-
ship Is a position considered above politics.
Moore's statistical competence, profes-
sional Integrity, and Immaculate objectivity
have been recognized by his peers. He Is a
past president of the American Statistical
Association. And for many years he was
director of research of the National Bureau
of Economic Research, renowned the world
over for Its saintly attitude toward data.
At the 50th anniversary celebration of
the Bureau in 1970. Moore. Arthur F. Burns,
chairman of the F'ederal Reserve Board, and
Solomon Pabrlcant, now a professor of eco-
nomics at New York University, were hon-
ored for their "high standards of objectiv-
ity, the quality of their own research and
their overseeing the bureau's research pro-
grams over many years."
Economists and statisticians In govern-
ment are shocked. None to whom I talked
would be quoted In any fashion. One said.
"Joe, mention me In your column about
Moore, and you'll find my name In the
Jobs-Wanted section of newspapers."
Under any circumstances, Moore would
be a hard man to, follow. But now It will
take a giant of a man In competence. Im-
partiality, and Integrity to overcome the
political suspicion that will attach to any
Nixon appointee to the poet.
IProm the Washington Post. Jan. 7, 1973]
OrsTER OF Geoffrey Moore: Threat to
BLS Integbitt?
(By Hobart Rowen)
The Nixon Administration coldbloodedly
dropped a raft of top aides and officials after
the election. It had the right to clean house,
to be sure. But the rationale behind some
of the dismissals Is mystifying and, behind
others, disturbing.
Take the case of Geoffrey H. Moore, com-
missioner of labor statistics, whose "resig-
nation" was accepted after four years' serv-
ice. Moore, In fact, was called out of a staff
meeting and fired ("rather brutally." says
one who knows) by Under Secretary Laurence
SUberman. Almost simultaneously, the an-
nouncement appeared on the news tickers.
No one at the 'White House bothered then
or since to explain why Moore was dismissed.
He had, by all accounts performed his Job In
the professional, non-poUtlcal tradition of
the BLS, which goes back to 1884.
But In the eyes of the White House crowd.
Moore made one bad blunder which, a reliable
source says, "became a source of embarrass-
ment to the administration," and In general
"was not a team player."
Moore's specific mistake relates to an In-
cident early In 1971 revolving about Assistant
BLS Commissioner Harold Goldstein, a career
technician who regularly had briefed the
press on the monthly labor force numbers.
Analyzing the February 1971, report, which
showed a preliminary reading that the Job-
less rate had dropped from 6.0 to 5.8 per cent,
Goldstein cautioned against attaching too
much importance to It. He said the Febru-
ary performancj was "mixed." But at almost
the same time. Labor Secretary James Hodg-
son, harassed by continued high Jobless rates,
was trying to squeeze political capital out of
that downward Jiggle.
Hodgson termed the decline "favorable,"
"hopeful" and "Indeed heartening." falling
to mention the drop In actual employment
and the reduction in the work week that
had led to Goldstein's more cautious use of
the phrase "mixed."
Later, Goldstein's unvarnished, unem-
beUlshed evaluation of the data was proved
right, and Hodgson's dead wrong. When re-
vised, the February rate was 5.9 per cent
and It was back to 6.0 per cent In March.
But In the meantime, Hodgson ended the
system of press briefings that Goldstein and
his career predecessors had conducted for
years, and transferred Goldstein to other du-
tlef. This not so subtle effort to choke off
the fiow of Information was widely criticized,
In the press and In Congress.
"If Moore had been running a tight ship,"
one who kno'ws the story says, "the whole
thing wouldn't have happened. There are
ways of getting facts across without em-
barrassing the administration. So Moore got
low grades for bad management."
The White House apparently felt that
Moore should have taken the Initiative, since
unemployment was a touchy political issue,
to discuss with Goldstein In advance the
wisdom of not shooting down a "cheerful"
piece of news. The way the White House looks
at It, that's what a "team player" would do.
But all this simply shows that the House
doesn't tinderstand the role of BLS, or
Moore's determination to preserve its Integ-
rity and Independence. "He's a good soldier,"
says an associate, "and he'd put the best pos-
sible face on things. But he's also a very
dogged and stubborn man. and he didn't
want anybody tampering with the numbers."
Most of Moore's friends In the govern-
ment, though appalled at what has happened
to him, are afraid to talk to reporters about
It, even outside of government offices. But
one says:
"The White House considered Moore loyal
enough. It wasn't like the (Commerce Sec-
retary) Pete Peterson thing, where Pete was
getting some attention on his own. besides
fraternizing with people they didn't like.
"It Just was that Moore wasn't tough
enough or smart enough to make them look
as good as they wanted to look."
Ironically, Moore's last achievement as
BLS commissioner was to get Secretary Hodg-
son to Issue a p)ollcy statement on Nov. 10,
1972. which says that the commissioner's
decisions in producing statistics must be "In
concert with the professional and technical
expertise of the Bureau. Under these con-
ditions, scientific Independence will con-
tinue to be the hallmark of the Bureau of
Labor Statistics."
In a conversation with this correspondent,
Hodgson said: "I'm high on Jeff Moore, and
I've spent the last three years telling the
media that he's a man of rock-ribbed integ-
rity. There's been no attempt to single any-
body out. Change for change's sake Is tha-
order of the day. part of the concept thaP
you can recapture some of the freshness and
Initiative of the first term. After all. the peo-
ple staying are the exception rather than the
rule."
A mild-mannered man, Moore will say
only that he "had a good position and en-
Joyed the work, and had expected to stay on.
I only hope that whoever is now appointed
commissioner will be a professional mun."
Sen. William Proxmire, who tangled with
Moore In his 21 appearances before the Joint
Economic Committee says that Moore Is "a
man of Integrity, who may have been too
loyal to the President. He wovildn't state a
situation with objectivity when objectivity
would hurt the White House."
That means that Moore retained his ob-
jectivity even when Proxmire was trying to
make a political point.
The only real criticism of Moore among his
colleagues Is that he's not the best admini-
strator that ever came down the pike. But
as a vice president of the National Bureau
of Economic Research, Inc.. and a former
president of the American Statistical As-
sociation, no BLS commissioner ever had
better credentials for the Job. (He will be
returning to the National Bureau.)
As can be Imagined, the firing of Moore
has dropped a curtain of gloom on the pro-
fessional, civil service-oriented staff of the
BLS. Accustomed only to dealing with num-
bers on a nonpolitical basis, they wonder If
Moore will be replaced with a pliant figure
who will bend whichever way the White
House does.
If this fear Is unwarranted, the White
House does nothing to negate It by an ac-
ceptable explanation of the Moore affair.
This reporter asked White House press aide
Gerald Warren on Tuesday why Moore's "res-
ignation" was accepted. He said he didn't
know, but would call beck. I'm still waiting
for the call.
1 From the Commercial and Financial
Chronicle, Jan. 4, 1973)
G. Moore's Fikinc Shocks Economists
(By George C. Bevel)
The generaMmpression that has been left
by extensive changes in the government by
the Administration has been that President
Nixon wanted to get better control of the bu-
reaucracy, replace Incompetents, and cut
down spending.
Therefore, one of the firings has been
something of a shock to members of the
Joint Economic Committee and to the world
of economists and statisticians. It Is the re-
placement of the highly regarded Geoffrey
H. Moore as Commissioner of the Bureau of
Labor Statistics.
Once each month Moore went up the HIU
to be confronted by the Joint Economic Com-
mittee and almost always came away with
praise from administration antagonists Sen-
ator William Proxmire (D.-Wis), chairman
and Rep. Henry Rexiss (D.-Wls.). Both heap-
ed Moore with praise that last time he ap-
peared. Dec. 8. only to be shocked a few days
later when Nixon fired him.
Moore came from the National Bureau of
Economic Research, which Is now upset with
Nixon, as Is the American Statistical Associa-
tion.
Sen. Proxmire Is Just a bit more than
upset.
"I thought Moore was extraordinarily good.
He stayed out of controversy and was non-
political. Furthermore, he degended the
administration. Certainly I was startled,"
Sen. Proxmire said.
"If they don't come up with a top man
they are going to be In trouble vrtth the
Congress." he added.
Moore was equally surprised. "There had
been no Indication that I would not be re-
appointed, and I had no Idea when they did
It." he said. Moore expects to leave BO<ne
time after January 15, but doesn'y know
yet what he will do. /
A return to the National Bureau(l5)f Eco-
788
CONGRESSIONAL RECORD — SENATE
January 11^ ig^^
lomlc Research is a poeslblUty, and they
urould like to have him.
In the meantime, there is some uncertainty
imong all of assistant secretaries in the De-
partment of Labor.
■tlSOLUnOK BT THE INDUSTRIAL RELATIONS
Reseauch Association Executive Board.
Decembex 29, 1972
The Executive Board of the Industrial Re-
atlona Research Association, having received
ind considered a report from its committee
appointed to investigate recent events con-
cerning the U.S. Bureau of Labor Statistics,
•esolves as follows:
1. that public confidence In the profes-
ilonal integrity and credibility of the Bureau
)f Labor Statistics is essential, because the
bureau publishes data and materials which
ire used regularly in labor-management re-
1 atlons, business contracts and economic fore-
casts;
2. that the credibility of the Bureau of
^bor Statistics has been Impaired by events
I if the last two years. Including the terml-
latlon of press conferences by Bureau of
^bor Statistics personnel and the subse-
I [uent reassignment of key personnel in the
Jureau:
3. that the Board views with particular
I oncem the acceptance of the requested res-
! gnatlon of the Commissioner of Labor Sta-
1 1stics three months prior to the expiration
(if his statutory term of ofBce, because this
■ ermlnation under these circumstances rep-
: esents a sharp break with the long-estab-
lished tradition that this position has not
Ueen regarded as a political appointment:
4. that It Is most important. If further tm-
] lairment of the credibility of the Bureau of
lAbor Statistics la to be avoided, that the
] Lew Commissioner be a person with the hlgh-
I St professional qualifications and ob-
ectlvlty;
5. that It Is desirable that the decision to
discontinue press briefings by the Bureau
c f Labor Statistics technical personnel
should be carefully reconsidered:
6. that nothing in this resolution should
1 le construed to indicate that this Association
I iuestlons the Integrity of the preparation of
IILS figures.
To be signed by: Ben Aaron. President
1972, Douglas Soutar. President. 1973 David
. ohnson, Secretary-Treasurer.
:X)S ANGELES TIMES AND WASH-
INGTON STAR EDITORIALS
Mr. SCOTT of Pennsylvania. Mr.
l>resident. I believe that editorials pub-
1 ished in the Los Angeles Times of Janu-
ary 2 and the Washington Sunday Star
( if January 7 would be of interest to the
Senate. I ask unanimous consent that
I he editorials be printed in the Record,
i .nd I call them to the attention of Sen-
4tors on both sides of the aisle.
There being no objection, the edi-
t orials were ordered to be printed in the
IIecord. as follows:
Prom the Los Angeles Times. Jan. 2, 1973]
The Nixon-Congress Tug-op-War
The 93rd Congress will convene Wednesday
I n a mood to do battle with President Nixon
( ver what It sees as his excessive use of
I residential power. But there Is also a grow-
mg realization among the lawmakers that
1 hey have a responsibility to put their own
1 ouse in order, too.
Aside from Vietnam, which continues to be
A source of bitterness and friction, the major
1 lOlnt at issue Is Mr. Nixon's refusal to spend
I II the money appropriated last year.
The President has Impounded billions of
dollars in appropriated funds — including $6
MUlon of the $11 billion authorized by Con-
j ress for control of water pollution In fiscal
1973 and 1974. Lesser amounts are being
withheld from programs in health, educa-
tion, housing, flood control and other fields.
Many House and Senate members in both
parties are disturbed by what they see as a
flagrant violation of Congress" constitutional
power of the purse. Sen. Sam Ervln (D-N.C.)
says the Constitution compels the President
to abide by appropriations statutes. Senate
Majority Mike Mansfield says the issue should
be taken to the VS. Supreme Court. If neces-
sary.
Meanwhile, several lawsuits have been filed
by cities and states challenging Mr. Nixon's
right to cut their allotments of federal funds
below the levels prescribed by Congress, and
Councilman Tom Bradley is urging the city
of Los Angeles to take similar action.
There are, however, two sides to the ques-
tion. Administration aides point out that the
President has constitutional responsibilities,
too, and that he is bound by law to look
after the economic well-being of the country.
When Congress failed to hold spending for
the current fiscal year to $250 biUlon — a
figure that still leaves a federal deficit ap-
proaching $30 billion — Mr. Nixon had no
alternative but to impound billions of dol-
lars In appropriations or sit by while a mas-
sive new round of inflation gathered steam.
Mansfield says that if any trimming is to
done, it should be done by Congress, and
that makes sense. But If this is to be any-
thing more than an Irrelevant platitude,
Congress must reform Its archaic, totally in-
adequate system of dealing with the budget.
As things are, spending and taxes are
handled by different committees that rarely
feel the urge to consult with one another.
Appropriations bills are passed one at a
time, with small concern for what the total
will be at the end of the year.
When they vote spending programs with
scant regard for the budget deflclts that
may thereby be created, the lawmakers are
actually forcing the President to Impose his
own sense of priorities. If Congress expects
to exercise Its rightful voice, the system has
to be reformed. Many congressmen now con-
cede the point.
Congress Is historically slow to reform It-
self. But thanks In part to pressvire from
citizens' groups, a special Joint committee
has been appointed to study the problem,
and chances look better than ever before that
something will be done.
[From the Washington (DC.) Sunday Star,
Jan. 7, 1973]
Vietnam Peace: Is It Now Pinallt at Hand?
Henry Kissinger and North Vietnam's Le
Due Tho will meet secretly tomorrow In
Paris, and all the world awaits the outcome
of their discussions. It Is no exaggeration to
say that the fate of nations, of generations
yet unborn, hangs in the balance. We — and
the North Vietnamese — are at a turning
point. There Is, must be, a momentum for
peace. And yet, as French President Georges
Pompidou observed last week, there Is no
"U.S. desire to make a deal at any price."
Nor do we think the United States wUl or
should make peace at any price. It Is des-
perately Important that the North Vietnam-
ese understand this. For If they do not, the
war will go on.
The carpet-bombing of Hanoi and Hai-
phong by B52s we believe to have been a
tragic mistake. Should the talks fall — and we
have to be prepared for the possibility that
they may — then we would oppose the re-
sumption of this sort of warfare. But Hanoi
should realize that failure to reach an accord
in Paris necessarily will mean the continua-
tion of air and naval strikes south of the
20th parallel. In South Vietnam, Laos and
Cambodia.
Nor should the North Vietnamese be mis-
led by the mischievous Intervention Into the
negotiating process of the Democratic cau-
cuses In the House of Representatives and
the Senate.
The House Democrats voted 154-75 on
Tuesday to cut off all funds for US. combat
operations in Indochina as soon as American
prisoners are returned and arrangements are
made for the safe withdrawal of U.8 forces
Senate Democrat* voted 36-12 for a slmUar
resolution Thursday. Senate Majority Leader
Mike Mansfield has indicated his intention
of introducing legislation in the upper house
to cut off federal funds for the war if it is
not ended by Inauguration day, January 20
In a truly incredible statement. Senate
Foreign Relations Committee Chairman J
WUllam Fulbrlght said the other day that
his committee does "not wish to do anything
to prejudice " the Klaslnger-Tho negotiations
but would act "to bring the war to a close"
If a settlement Is not reached by January 20
If that statement and the action by the
two Democratic caucuses do not "prejudice"
the negotiations. It's difficult to see what
would. Having read that stetement, what
would you do If you were a member of the
Hanoi polItburo perhaps not too familiar
with the intricacies of American politics?
You would simply spin out the Paris talks
until the 20th and wait for Congress to Im-
pose an end to the war on your own terms.
So it Is Important for Hanoi to realize that
the resolutions of the Democratic caucuses
have no binding effect; that a combination
of Republican and Southern Democratic
congressmen could still defeat such a rider to
any appropriation biU; that If it passed Mr.
Nixon could veto It and, even if his veto
were overridden, funds have already been
appropriated for the fiscal year ending June
30. In short, the only way there can \x a
speedy and just end to American participa-
tion in the Southeast Asian conflict is for
both sides to negotiate in good faith and in
the spirit of compromise.
In a New Year's speech, South Vietnam's
president. Nguyen Van Thleu, said:
"Like Germany and Korea, Vietnam Is di-
vided Into two regions. The military demar-
cation line between the two states Is also
the border between two different social re-
gimes, two Ideologies and two different
worlds."
Although this In our view is not an In-
accurate statement, we wonder If It Is one
over which It Is worth prolonging American
participation In the war. For this notion,
reflected In Kissinger's December 16 remark
that the U.S. wants some "Indirect reference"
to a commitment by both Vletnams "to live
In peace" Is one major point which appears
to be troubling Hanoi.
The 1954 Geneva accords (which neither
the UJS. nor South Vietnam signed ) regarded
the regimes in both North and South as pro-
visional, with unity to come after national
elections. Those elections have never been
held and, given the truth of Thieu's state-
ment a^d the bitter history of the last 19
years, are likely never to be held. The sover-
eignty of the Saigon regime, like that of
Hanoi, rests finally on its abUlty to maintain
Itself In power through a combination of
political skill and military strength.
Kissinger has made It clear that Saigon
has no veto over any settlement which may
be reached between Hanoi and Washington,
which Is as It should be. But the North Viet-
namese should understand that, while we
are rmly to end our own participation in
the wfer, we are not ready to hand them
on a diplomatic platter what they have been
unable to achieve by force of arms: a Com-
munist regime In South Vietnam.
Neither Hanoi nor Washington has been
making euphoric noises recently about the
chances of a quick and positive end to to-
morrow's talks between Kissinger and Tho.
Nobody Is talking any more about peace
being at hand. And given the skill and du-
plicity of the North Vietnamese negotiators,
perhaps that Is as well. Indeed. Pompidou,
who has been In touch with both sides
throughout the whole business, said the
other day that "real, precise difficulties
Jamarij 11, 1973
CONGRESSIONAL RECORD — SENATE
789
which will be hard to overcome" lie ahead
in the talks.
We understand President Nixon's desire
to attain a settlement which will bring real
peace to the people of Indochina. We under-
stand also the reluctance of the leaders of
North Vietnam to sign any document which
would sacrifice what they regard as the legit-
imate aspirations of the Vietnamese people
g cause for which they have fought so hard
for more than two decades. And we under-
stand the determination of the people of
South Vietnam to maintain their own
sovereignty and Independence.
Not every problem wUl yield to reason, and
this may be one of those which will not.
Successful negotiation of delicate political
problems must presume a certain amount of
common ground, of agreement on basic Issues
and fundamental tenets. When this Is lack-
ing. It may be the better part of wisdom to
grasp the attainable and let tomorrow take
care of what Is unattainable.
For this reason, we would urge that. If an
acceptable and honorable political settlement
appears impossible, both parties abandon the
search and secure what is in their power to
achieve: the end, now and forever, of U.S.
air and naval attacks against North Vietnam
and the withdrawal of the remaining U.S.
forces In South Vietnam in return for re-
patriation of the American prisoners of war.
A simple agreement such as this would not
be open to misinterpretation by either side
or by the world. It would meet the minimum
needs and desires of both the North Viet-
namese and the American people.
It would not establish the Inviolability of
the Demilitarized Zone. It would not compel
the withdrawal of North Vietnamese troops
from South Vietnamese soil or establish their
legality there. It would not address Itself to
the legitimacy of the regimes In either
Saigon or Hanoi. It would neither ensure the
survival of the Thleu regime nor guarantee
its overthrow. It would dishonor neither the
United States nor North Vietnam.
It would say, simply, that the American
role in the war was over. It wovUd leave the
determination of their own futures to the
Vietnamese, Cambodian and Laotian peoples.
Each side would be left to place that inter-
pretation It wished on what has transpired
these past ten years and more In Indochina.
In the end, the historians will decide who
»-as right and who was wrong. They always
do.
AN END TO SPIRALING FOOD COSTS
Mr. RIBICOFP. Mr. President, every
consumer in America has known for
weeks that food prices have been spiral-
ing upward at an alarming rate. On Jan-
uary 9, the Department of Labor con-
firmed this fact. During the last month
of 1972, wholesale prices of farm prod-
ucts, processed foods, and feed increased
5.2 percent.
As recently as November, the adminis-
tration predicted that retail food prices
would rise only 3 percent in 1973. Now,
however, it is expected that when the
recent wholesale increases reach the
supermarket level it will cost close to
5 percent more to feed a family this yetur
than it did in 1972.
Families always find it difficult to ab-
sorb increases of such magnitude. This
year many may find it impossible because
their incomes have been frozen or dras-
tically restricted by the administration's
economic stabilization program, while
prices have risen.
If Congress hopes to curb food costs,
two important steps must be taken : Price
controls must be extended to agricultural
products, and price support programs
must be reduced or eliminated.
While there is considerable debate
whether the present wage-price freeze
has been effective, one fact is clear —
the system is not fair. By freezing wages
without also freezing prices on all es-
sential consumer goods, the administra-
tion has placed the wage-earners of
America in an intense financial bind.
Congress can correct this. The author-
ization for wage-price controls expires
on April 30 and the administration must
come to Congress for an extension.
When we consider extending legisla-
tion, we should require that controls be
placed on agricultural products. In that
way, no single element of society would
suffer inordinate financial damage dur-
ing the remainder of the program's ex-
istence. Hopefully, wage and price con-
trols will not become a permanent part
of American economic life and will be
phased out as soon as the present in-
flation is brought under control.
Congress second step should be the
abolition of the farm subsidy and price
support programs. Under the present law
farmers — no matter how wealthy and
successful — are paid subsidies of up to
$55,000 annually not to grow certain
crops. By restricting productive acreage,
this program reduces farm output and
thereby raises market prices to the con-
sumer.
Another program — price support
loans — also leads toward artificially
higher prices. Loans are given to farmers
and the Federal Government holds their
crop as collateral. If the ultimate market
price of the crop turns out to be lower
than the loan value, the farmer defaults
and the Government is left with a crop
costing more than the market price
while the farmer is left with more money
than he would have received in a free
market.
These subsidies cost the American tax-
payers over $5.2 billion each year. In
addition, consumers pay $4.5 billion an-
nually in artificially inflated prices
pushed up by the Grovemment's pro-
grams. Thus the total yearly cost of farm
subsidies approaches $10 billion.
Americans should not be forced to pay
such sums particularly when they pri-
marily benefit large successful farming
enterprises.
One of the best ways the Government
could save money would be to eliminate
the credit subsidy and direct cash pay-
ment programs for farmers.
SST ECONOMICS
Mr. GOLDWATER. Mr. President,
ever since the Congress took its short-
sighted action in cutting off funds for
an American supersonic transport plane,
the leaders of that folly have kept up
a constant effort to try and justify what
I am sure history will prove to be one
of the greatest mistakes ever committed
by &. world power.
Every time the slightest thing occurs
to detract from the SST products being
turned out by our foreign competitors,
these incidents have been gleefully re-
ported in the Congressional Record
with accompanying comments of the "I-
told-you-so" variety. As might be ex-
pected, the British-French SST pro-
gram. Involving the Concorde, and the
Russian SST program, involving the
TU-144, have by their very size and
nature encountered some difficulties and
some cost problems which looked rather
important to the layman but which can
be reduced to their proper status when
viewed in a professional perspective.
Of course, one of the things the SST
critics never point out is the importance
of this line of commercial aircraft en-
deavor to the entire future of civilian
aviation. The SST, just like the 747
before it, is more than just an enor-
mously fast product in a whole new fam-
ily of commercial aircraft. It is the
opening wedge to an enormous future
market which will affect aeronautics in-
dustries throughout the world for many
years to come. Some of us, during the
ill-fated Senate debate on the SST, tried
to impress upon the Senate and the tax-
payers the amoimt of jobs and payrolls
that would be involved in our forfeiting
the SST market to our foreign competi-
tors.
And now, Mr. President, we are be-
ginning to find out that the foreign prod-
ucts which American SST critics jeered
at and ridiculed and downgraded during
the prolonged congressional debate on
this subject are turning out to be some-
thing far more important than their
downgraders claimed. Recent studies
now show that the Concorde may ulti-
mately be cheaper to operate than our
747's. In fact, the figures on supersonic
economics are becoming so impressive
that the Prime Minister of Great Brit-
ain recently commented that before long
'no airline will be able to do without
one."
I would ask the members of the Senate
to consider carefully this remark by the
British Prime Minister and to try and
envision what this would mean to United
States and to the American aviation in-
dustry if it turns out to be correct. It
would put our domestic airlines in the
position of having to go abroad to find
the kind of equipment they would need
to compete in the world travel market.
And it would relegate our domestic avi-
ation industry to the production of prod-
ucts which would rapidly be becoming
outmoded.
Mr. President, because of the great im-
p>ortance of this whole question to the
economic future of the United States. I
call attention to a studj" published in
Flight International magazine which
shows that the Concorde will produce a
substantial return on its investment. The
article, entitled "Supersonic Economics —
Concorde Returns," appeared in Flight
International on October 12, 1972. I ask
unanimous consent that it be printed in
the Record.
There being no objection, the article
was ordered to be printed in the Rkcord,
as follows :
StrPERsoNic Economics Concorde Retttbns
As supersonic man reaches 25, BOAC and
Air Prance are preparing to Introduce Into
service the Mach 2 Concorde. If this air-
craft produces the returns the manufactur-
ers claim, operators wUl find, as the Prime
Minister said at the lata annual general
meeting, "No airline will be able to do with-
out one."
British Aircraft Corporation and Aerospa-
tiale have recently made available to the air
transport Industry a new study entitled
Concorde General Economics. It brings to-
gether for the first time the manufacturers'
790
CONGRESSIONAL RECORD — SENATE
estimates of the aircraft's economic per-
formance, provides most of the data needed
to make a financial assessment of this su-
personic transport and indicates the sort of
presentation the Anglo-F*rench sales teams
we giving to airlines before becoming in-
volved with individual route networlcs. The
economic performance of the Boeing 747 is
used throughout the study as a basis for
comparison.
The Concorde's speed, size and market
appeal make the application of normal cost
assessment methods Invalid and, while the
new examination of the aircraft's economics
Is based on the best Information available,
subjective Judgments have had to be made
m some areas. The manufacturers point out,
however, that these assumptions have been
Icept to a minimum.
General Economics uses the payload-range
3f the production aircraft powered by four
a-R Snecma Olympus 593 Mk612 engines
Df 38.4001b, 174kN reheated thrust. It shows
25.0001b, 11,400kg of payload carried over
1.000 st miles, 6,450km with the fuel volume
kink point at around 11.5001b. 5,220kg and
t.500 st miles. 7,250km. These figures as-
sume a Mach 2 05 cruise climb under ISA
stiU-air conditions with a 230 st mile, 370km
llversion. The filght plan in the assessment
;omplles with the proposed PAR 121-648 re-
serves which include 7 per cent block fuel,
m Instrument approach, missed approach,
llversion, 30mln hold at 1,500ft and 250kt,
160km hr. followed by an Instrument ap-
proach and landing at the alternate. A sum-
niary of Concorde weights Is given below
Tor the aircraft in the 108-seat superlor-
:lass or 36 72 mixed-class configurations.
Seating in the 747 varies widely and a 344
layout (52 first plus 292 economy) Is used
m the study as an arrangement typical of
:urrent and probable future international
operations.
The calculation of direct operating costs is
straightforward with airframe and engine
spares holdings, which strictly depend on
Jeet size, being taken as 15 per cent of alr-
'rame price plus 40 percent of powerplant
jrlce coupled with a depreciation period of
12 years. Total Investment, Including spares
ind customers' furnishings and equipment.
^ taken as $45,944,000 for the Concorde and
128,348,000 for the 747. The shorter flight
:imes of supersonic aircraft, and therefore
the greater number of transit and turn-
•ound operations in a year. Is reflected in the
innual utilisation of 3,600hr for the Con-
corde compared with 4,000hr assumed for the
747. An Insurance rate of 2 per cent of the
lircraft equipped price has been used as
lyplcal of mid-life. Based on airline expert-
snce. flight crew training is taken as 1.75
aer cent of the sum of maintenance, flight
:rew. fuel landing and air navigation costs
imortlsed over 12 years. The salaries of the
:hree-man Concorde flight crew are assumed
;o be 5 per cent more than 747 levels al-
though crew utilisation of 650 block hours
per year remains the same. Total crew costs
)f $208 hr and 8191/hr are used for Con-
:orde and 747 respectively.
Maintenance costs are amongst the most
important and the most difficult to calcu-
ate and are based on the latest assessment
'rom the airframe and engine manufactur-
ers. These estimates suggest costs of $422/hr
3lus $7299 flight for the Concorde and $428
ir plus $708 flight for the 747. An average
arice of 13,9c US gal is used to calculate
'uel costs. Average costs are also taken for
andlng fees and navigation charges, which
rary from country ta country and depend
)n take-off weight, and are calculated as
3lus $729 flight for the Concorde and $423
ind 747.
INDIRECT OPERATING COSTS
The sales departments concerned with the
:;oncorde have devoted much effort to the
»lculatlon of realistic values for Indirect
operating costs to take Into account the
particular characteristics of the SST. and
the method adopted is largely based on air-
line data obtained from annual operating
statistics. Cabin service costs are a good
example of the detail involved and take Into
account three cost elements — time de-
pendent, distance dependent, and per
flight.
The total cost of cabin staff assumes flve
crew on the Concorde and a crew of 14 plus
one purser for the 747, their utilisation In
both cases being 680 block hours per an-
num. Station costs, which vary with local
conditions, have been derived from an aver-
age of actual airline costs on a suitable net-
work of world routes.
Direct sales and advertising costs are as-
sumed to be related to the basic subsonic
fare on a given route and Incorporate an
allowance to cover any possible extra cost
of selling a Concorde ticket. Commission
costs are based on the actual fare charged.
Corporation overhead Is taken as 4 per cent
of the total operating costs (Including the
overhead itself ) , a figure indicated by ac-
tual airline experience.
The all-Important total operating costs,
are, of course, the sum of directs and Indl-
rects and a comparative breakdown at 3,000
st miles, 4,830km with 50 i>er cent load fac-
tors Illustrated. This staige length corre-
sponds to block times of approximately 2*85
hr for Concorde and 5'66hr for the 747. The
variation of total operating costs with range
and load factor for the Concorde shows costs
per seat and per aircraft statute mile.
In Concorde General Economics the manu-
facturers show the aircraft breaking even at
3.500 st miles. 5.620km (London-New York)
with load factors below 45 per cent for rev-
enue yields greater than 9c per passenger
statute mile. On a 3,000 st mile, 4,830km
stage, break-even load factors are 40 per
cent, 35 per cent and 32 per cent for fare
levels of first class minus 10 per cent, first
class and first plus 10 per cent respectively.
With a mixed-class layout break-even load
factors are 51 per cent, 47 per cent and 43
per cent with fare levels of 10, 20 and 30
per cent above current levels. The 747 is
shown breaking even with a 60*5 per cent
load factor at average excursion yield and at
49*5 per cent load factor with an overall
average yield.
SPECIFIC ROUTES
The manufacturers conclude their study
by analysing Concorde operations on specific
routes. Operating costs are calculated as out-
lined above but incorporate fuel costs, land-
ing fees, station costs, etc., related to each
particular route. The operating costs used
are incurred at break-even load factors. Rev-
enue yields on all the routes considered have
been derived using the latest available infor-
mation on current fare structures. The as-
sumed traffic splits are for 1975, and talp ac-
count of the trend towards rationalising <f ares
particularly at the promotional end of the
scale. Concorde fare dilution is taken as 5
per cent with a 747 dilution of 10 per cent.
One of the most interesting cases studied Is
the transatlantic Paris-New York route. Il-
lustrated below, which compares the results
for the single superior-class Concorde oper-
ating alongside the mixed-class 747. The
Paris-Tokyo route, with Concorde fare levels
again at first class minus 10 per cent, is il-
lustrated in General Economics and shows
both aircraft breaking even at load factors
of 22 per cent. Similar break -even load fac-
tors of 43 per cent and 44'5 per cent for Con-
corde and 747 are also claimed on London-
Johannesburg. On the London-Sydney route,
with first-class SST fares, the Concorde
break-even load factor of 48 per cent com-
pares with 54 per cent for the 747.
Weights ured in economic assessment
Max take-off weight 389,0001b
Max landing weight 240,0001b
Max zero-fuel weight 200,0001b
Typical operating weight empty.. 172,5001b
T>-plcal payload 25,0001b
Typical tankage 200,0001b
(plus pre-take-off)
January 11^ 1973
HOURLY DIRECT OPERATING COSTS (AT 3,000 ST MILES
4,830KM)
Concorde
747
Depreciation
Insurance
Fligtit crew
Amortisation of introductory crew
training
Maintenance
Fuel
Landing fees and air navigation
charges
Total direct operating cost... 3,256
{1,061
209
208
I'M
lU
191
34
676
822
498
24S
238
2,214
HOURLY INDIRECT OPERATING COSTS (AT 3,000 ST MILE?.
4,830KM WITH 50 PERCENT LOAD FACTOR)
Concorde
747
Cabincrew |82 $2*9
Cabin services _ 196 353
Station costs 314 (83
Sales, advertising and commission.. 759 815
Corporation overhead 192 178
Indirect operating cost 1,543 2,198
Concorde Returns
With the advantage of the latest cost esti-
mates from the British Aircraft Corporation
and Aerospatiale, it is possible to refine the
economic arguments used by Sir Peter Mase-
field in "Can Concorde make a Profit" and to
take the comparison with the 747 one stage
further. The latest figures from the manu-
facturers are based on a total investment. In-
cluding spares, of $45*944 million (£18*7 mil-
lion) for the Concorde and $28*348 million
(£11*55 million) for the 747. It has been sug-
gested that the utilisation exp>ected of the
Concorde by Sir Peter was a little too high,
and the figure of 3,600hr per year used by
the manufacturers for a representative SST
route structure rather than North Atlantic-
only operation is more conservative, and
takes Into account the increased Importance
of turn-around times as filght times de-
crease. It seems reasonable to suppoee that a
fiylng time of approximately lOhr/day (that
is In the order of three single Atlantic cross-
ings per day) could be achieved. Turn-round
times should certainly be no longer than
those of the 747, which Is assumed to achieve
a utilisation of 4,000hr, year. The large In-
vestment required by the 747 has provided
the Incentive to establish turn-round times
similar to those of the 707. The scheduling
of Concorde maintenance and route flying
win probably place the greatest demand on
airline organisation and It Is unlikely to be
turn-round-limited at 3,600hr/year. The
manufacturers estimate ground times of
around 30mln at both en-route and turn-
round stations.
The manufacturers' figures published last
week in "Supersonic Economics" were based
on well established direct operating cost
methods, and indirect operating costs were
derived from airline statistical returns.
Aerospatiale and BAC stress that Concorde
sales, advertising and commission costs are
realistic. Maintenance costs and engine over-
haul lives, which have given rise to some
concern, are covered by manufacturers'
guarantees. While Rolls-Royce and Snecma
are likely to be cautious in their predictions
for a new, unique, civil powerplant, the halv-
ing of subsonic block times makes compari-
sons of overhaul times with existing engines
In terms of number of flight cycles more
realistic than straight times between over-
haul. If Olympus Introductory overhaul lives
were to be in the order of l.SOOhr this would
not necessarily compare unfavourably with
3,500hr for the JT3D.
If the data publUhed last week in "Super-
Jamiary 11, 1973
CONGRESSIONAL RECORD — SENATE
sonic Economics" Is accepted, the eco-
nomics in terms of return on investment
of Concorde and 747. can be compared for
the simple, hypothetical route structure of
exclusive North Atlantic operation follow-
ing the elementary flow diagram Illustrated
on this page. The Paris-New York route has
been chosen as this Is Concorde's guaran-
teed range with 24,0001b, 10.900kg of payload
ggalnst winter headwinds and with full fuel
reserves, and because Concorde Oeneral Eco-
nomics gives the expected revenue yield on
this sector In 1975 with realistic fares and
traffic splits. As In the manufacturers' all
prices In this Flight study are quoted In
terms of 1972 United States dollars.
Based on utilisations of 3,600hr and 4,000hr
ftnd average transatlantic eastbound and
westbound flight times of 3.7hr and 7.5hr,
the maximum annual number of single
transatlantic trips which could be flown Is
972 for Concorde and 332 for the 747. Tak-
ing data extrapolated from the Illustrations
published last week in Flight, page 466, total
operating costs per aircraft statute mile of
3,710 st miles, 6,000km range (Concorde track
plus 1 per cent) are $4.50 and $8 for Con-
corde and 747 respectively. Multiplying by
the number of single Sights and range, total
annual costs are $16.25 million and $15.85
million Indlrects are calculated at 50 per
cent load factor and show the contrast be-
tween the SST. with Indlrects approximate-
ly half directs, and the 747 where costs are
approximately equal. This highlights the
need for a rigorous approach to supersonic
indlrects as opptosed to taking a "ballpark"
number for total costs equal to twice directs.
Average revenue Is calculated at first-class
rates minus 10 per cent for Concorde and
with the fare and traffic splits on page 498
lor the 747. A fare dilution of 5 per cent
for the Concorde and 10 per cent for the 747
has been assumed. The annual operating
surpluses of $3.85 million and $1.65 million
result in returns on investment of 8.4 p>er
cent and 5.8 per cent for Concorde and 747
respectively. With break -even load factors
of 35 5 per cent and 44 per cent (see illus-
tration last week ) , load factors of greater
than 50 per cent would provide the Con-
corde with a greater return on Investment
advantage.
Production aircraft weight breakdown
Pounds
Aircraft weight less navigation and
communication and furnishings... 150.846
Navigation and communication 1,647
Furnishings:
Technlclal furnishings 1.756
Customer furnishings 3,172
Constructor's furnishings 5.951
Oxygen 496
Plre precautions 361
Manufacturers Weight Empty 164,229
Operator's equipment 2,830
Crew, crew baggage, etc 1.527
Undralnable fuel.. _ _ 364
OU 220
Basic Operating Weight Empty 169. 170
Of course a comparison of a single Con-
corde with a single 747 is not phUosophlcally
correct. A more general study should take
Into account a typical spectrum of opera-
tions or a realistic demand for transatlantic
passenger trips. For a second look at Con-
cordes profitability, therefore, a more detail-
ed study of the London-New York route will
l>e made to compare the economics of a fieet of
7475 with a mixed fleet of 747s and Con-
cordes. It is necessary to make some estimate
of the likely traffic figures for later In the
decade. Without becoming too Involved with
highly complex traffic prediction studies. It Is
Poeslble to extrapolate the 1971 BOAC North
Atlantic traffic of 687,998 passengers. Suppose
It Is assumed that on average 83 per cent fly
on the London-New York sector and 10 per
cent of these fiy first-class. This gives a total
of 570,000 passengers of whom 57,000 are first-
class.
If these are escalated at a growth rate of
10 per cent per year for the five-year period
ending 1976 this gives a total of 920,000 pas-
sengers of whom 92,000 are first-class. This
Is the traffic which might be expected with-
out the Introduction of an SST.
Estimates vary of the stimulus and effect
of Concorde's introduction. It has been sug-
gested that the doubling of speed will In-
troduce an elasticity of 0.25; that is the
doubled speed wiU Increase traffic by 25 per-
cent. This growth Is the result of generat-
ing new traffic from passengers not prepared
to travel at present speeds and new custom-
ers who would be willing to travel more often
given decreased travelling times. If It Is as-
sumed that Concorde has this effect, and
half of the additional first-class passengers
come from existing non-first-class passengers
previously unwilling to pay more to travel In
the same aircraft at the same speed as others
paying less, and half are captured from other
airlines or are new travellers, traffic becomes
816,500 plus 115.000 first-class. Although
these figures might be dismissed as pure
speculation by Flight, they do allow the an-
alysis to be carried one stage further.
Having established the traffic, the next
step is to determine aircraft requirements.
These depend on the load factor used for
fieet planning, and for the Flight study this
has been taken as 50 per cent for the Con-
corde, which operates an on-demand premi-
um service, an overall 55 per cent for a mixed-
class 747 and 65 per cent for all-economy-
class 747 operated In a mixed-fleet alongside
the all-first-class SST. The high load factor
for the all-economy 747 Is associated with a
447-seat, nlne-abreast layout with 341n pitch.
The low revenue yield and large proportion
of excursion passengers who are more likely
to book in advance Influence the choice of
this high load factor. Average filght times
London-New York of 3.5hr for Concorde and
7.1 hr for the 747 allow 1.025 and 562 single
crossings per year. A fractional number In the
fieet will be Justified by assuming aircraft
are used on other routes when not needed
on London-New York.
PROJECTED 1975 PARIS-NEW YORK FARES AND TRAFFIC
SPLITS FOR 747
DIRECT OPERATING COST ASSUMPTIONS
Concorde
791
747
Aircraft price $37,500,000 $23,002,000
Customers lurnishings and
equipment 160,000 850.000
Aircraft equipped price 37,560,000 23,852.000
Spares 8,285.000 4,496.000
Total investment 45,944.000 28,348,000
Given the total traffic of 920.000 passengers,
a fleet of 8.6 mixed-class 7478 with 344 seats
would be required for exclusive London-New
York operation. The mixed Concorde and 747
fleet would require flve 747s with 447 single-
class seating, and 2.07 Concordes with 108
first-class seats.
The comparative economics are shown l)e-
low and were calculated using the fares and
traffic splits for the mixed-class 747 detailed
previously. A Concorde first-class revenue
yield of 11.4 cents passenger-st mile Includ-
ing 5 per cent dilution weis assumed together
with a yield of 4.6 cents passenger-st mile
for an all-economy 747. derived from the
Paris-New York splits with first-class re-
moved, and including 10 per cent dilution. As
the manufacturers' figures for Paris-New
York are on a per-statute-mile basis It seems
a reasonable approximation to use these
together with the London-New York mileage.
COMPARATIVE ECONOMICS WITH CONCORDE OPERATING
AT 50 PERCENT LOAD FACTOR, THE MIXED CLASS 747
AT 55 PERCENT AND THE ALL-ECONOMY 747 AT 65
PERCENT LOAD FACTOR
Mined
fleet
(millions)
747
(millions)
Total investment
J236. 7
114.7
178.3
63.6
$244. 0
Annual cost . ..
138.5
Annual revenue. .. .
166.5
Annual operating surplus
28 0
Return on Investment (percent)....
26.7
11.5
Fare
Split
percent
First class $444
Economy (high season) 318
Economy 215
Excursion 207
Excursion 135
Group etc 130
Average tare 206.2
Average revenue yield passenger-statute
mile with 10 percent dilution 0512
10
5
18
25
15
27
This calculation shows the mixed fleet with
a distinct advantage, providing a larger re-
turn from a smaller Investment. To Illustrate
that this Is not the result of choosing advan-
tageous load factors, the exercise has been re-
peated with all aircraft at 50 per cent load
factor. A mixed fleet of 2.07 Concordes and
6.5 747s retains an economic advantage over
9.5 mixed-class 747s.
COMPARATIVE ECONOMICS WITH ALL AIRCRAFT OPERATING
AT 50 PER CENT LOAD FACTOR
Mixed fleet
(millions)
747
(millions)
COMPARATIVE ECONOMICS ON PARIS-NEW YORK
Concorde 747
Total investment
Annual cost ,
Annual revenue ...
Annual operating surplus.
Return on investment (percent)..
$279.0
138.7
178.3
39.6
$270.0
153.0
166.5
13.5
U.Z
S.0
Accommodation.
Utilization '.
Average flight time
Number ot single trips of 3,710 st
miles '6,000 km.
Direct operatingcosf'aircraftst mile.
Indirect operating costjaircraft st
mile.
Total operating cost aircraft st mile
Annual cost
Average revenue passenger st mile.
No of passengers (50 percent load
(actor).
Annual revenue.
Annual operating surplus
Return on investment
108 supe-
52-f292
rior or
mixed or
38-1-72
400 all
mixed
economy.
class.
3,600 hr...
4,000 hr.
3.7 hr
7.5 hr.
972
532.
$3.05
KIO.
$1.45
$3.90.
$4.50...
$8.00.
$16,250,000
$15,850,000
clO.3
c5.12.
54. .
172.
$20,100,000. $17,500,000.
$3,850,000 . $1,650,000.
8.4 percent. 5 8 percent
The Aerospatiale and British Aircraft Cor-
pKiration publication Concorde General Eco-
nomics contains total operating costs, reve-
nue yields, fares and traffic splits for Paris-
New York, Paris-Tokyo, London-Johannes-
burg and London-Sydney. A glance at the
globe will show that these are all routes
suitable for Concorde. If the revenue per
mile and traffic splits for operations from
Paris are taken to be similar to those from
London it is possible to use these figures to
Investigate the profitability of a simple route
network from London to New York, Tokyo.
Johannesburg and Sydney. The Concorde Is
assumed to operate on all first-class service.
The ABC World Airways Guide gives
BOACs present VCIO. 707 and 747 filghU
792
I >n these routes. Using typical Corporation
eating arrangements for the VCIO and 707
)f 139, and 347 for the 747, the total avall-
ible seats on each route can be calculated.
' rhe percentage of first-class traffic on each
oute given In Concorde General Economics
illows the number of flrst-class seats which
hould be made available, given flexible
mating arrangements, to be estimated. FYom
tese figures, the capacities of 108 frr a
>lngle-class Concorde. 347 for a mixed-class
r47 and 447 for an all-economy 747, It Is
KJsslble to calciilate the number of flights
>er week required to provide these avail-
able seats from either a mixed fleet of Con-
:ordes and single-class 747s, or a fleet of
nlxed-class 7473. The number of flights re-
julred Is rounded to a whole number where
lecessary, taking care to balance load factors
achieved by each fleet on a given route by
rounding either both frequencies up or both
requencles down. In this example Flight Is
islng 1972 summer frequencies with no in-
xease In the traffic because of SST opera-
;lons and no attempt has been made to pre-
' llct the traffic likely when Concorde enters
«rvlce.
AVAILABLE SEATS AND SUGGESTED FREQUENCIES
London-
London-
New
London-
Johan-
London-
Route
York
Tokyo
nesburg
Sydney
lo. of lights week
VC 10:
707.
U
9
I
9
747
u
0
7
7
otal available seats
week . . . _
6.800
1.250
2.569
3.680
'ercenlage first class..
10
12
9
5
lumber of first class
seats week .
680
150
232
184
lumber of flights/
week required from;
Mi«ed fleet Con-
corde-747
6^14
2-f3
1-1-5
2+8
7«7 fleet...
20
4
7
u
CONGRESSIONAL RECORD — SEN ATE
January U^ 197S
London-
London-
London-
Johan-
Sydney
via Tokyo
London-
Tokyo
nesburg
r*ew
via
via
and Port
Route
York
Nonlisk
Lagos
Moresby
Trip cost 747
. 28.600
48.000
62,200
110,000
Trip cost Concorde..
16.050
26.100
37.800
66,000
Total mixed fleet
cost week
. 496,500
196.200
386,600
1,012.000
Total 747 fleet cost
week _
. 572,000
192,000
435,000
1,210.000
Total revenue week.
- 635.000
415,000
529.000
1.110.000
Miied fleet surplus
week
. 138.500
213,800
142.400
98.000
'47 feet surplus/
week
. 63,000
223,000
94,000
-100.000
be obtained by reducing frequency. The fare
structure on London-Tokyo does not depend
on the route taken and provides the excep-
tional revenue yield when flying via Norilsk.
As shown below the mixed fleet provides an
outstanding margin on turnover. In this ex-
ample total investment has not been calcu-
lated as this would require an assessment of
scheduling arrangements.
COMPARATIVE MARGINS ON TURNOVER
Miisd fleet
747
Using the manufacturers' results for total
jperatlng costs on each of the four routes
md taking realistic flight paths, including a
I per cent track allowance, the operating cost
}f each aircraft and hence each fleet can be
:alculated. If the single-class Concorde takes
ill the first-class traffic and the all-economy
747 takes all other passengers, then the reve-
lue obf*lnel from the mixed aircraft fleet
•emains the sa.-ne as for the mixed-class 747.
During 1971 the average BOAC passenger
oad factor was 51.4 per cent, Concorde's
inanufacturers suggest average revenue yields
3f 5*12, 10«15. 5*93 and 5*11 cents per passen-
jer-statute mile for the New York, Tokyo,
Johannesburg and Sydney routes. Using these
agures, together with the total available
seats, allows an estimate of the total revenue
per week to be made.
COSTS, REVENUES AND SURPLUSES PER WEEK
I Amounts in dollars)
While the mixed fleet consistently returns
a profit, the 747 fleet makes a loss on London-
Sydney with the assumed traffic. This is
partly the result of the low revenue yield.
The mixed-class 747 would break even at
around 54 per cent load factor, which could
Total revenue week $2,689,000 $2,689,000
Total cost week 2.091,300 2,409,000
Total surplus/week 597,700 280,000
Margin on turnover (percent) 22 10.4
There is no doubt that the Flight calcula-
tions show airline fleets including Concorde
providing a substantial return on invest-
ment. It might be argued that the traffic,
load factors and routes have been chosen to
highlight the SST's economic performance,
but this is not the case — the data given in
Concorde General Economics published last
week provides anyone sufficiently interested
with enough information to attempt a simi-
lar calculation for himself,
A 12-year depreciation period has been as-
sumed for both aircraft throughout this
study. Only annual returns on investment
have been considered, as discounting returns
over equal periods would not have produced
any different comparative results. The in-
troduction of the 747 brought with it the
requirement for airlines, airports and govern-
ments to make large Investments in equip-
ment, runways and facilities. It is often
argued that the operating cost/seat advan-
tage of the 747 over the 707 does not fully
take this Into account. A large investment
in airfield equipment will not be required
for the Concorde, which has a maximum
weight similar to the 707 and exit heights
close to those of the 747, The financial In-
vestment In aircraft, customer furnishing
and equipment and sp>ares used In this study
therefore are likely, if anything, to have
underestimated 747 requirements.
The productivity of the supersonic Con-
corde in terms of seat-mlles/hr is similar to
that of the DC-10 and TrlStar. 'When oper-
ated as a single-class aircraft, or a mixed-
class aircraft at premium fares, there could
be a restricted market unless some credit Is
taken for elasticity In demand due to In-
creased speed. Nevertheless the present BOAC
subsonic fleet has an available capacity of
approximately 2,230 million flrst-class seat
statute miles. Ignoring any restrictions
placed on supersonic overflights or Concorde
night take-offs, this traffic would require six
Concordes with 108 seats, utilisations of
3.600 hr/year operating at realistic SST block
speeds. In 1971 a total of 7.53 million pas-
sengers flew across the North Atlantic. If 10
per cent of these are flrst-class there is a
potential market here for aroiind 15 Con-
cordes at 50 per cent load factor. Although
the examples in this article have used a sin-
gle-class arrangement, "Can Concorde Make
a Proflt?" showed that Concorde Is eco-
nomically viable at premium mixed-class
fares.
By spring 1975, when Concorde enters serv-
ice, air traffic is likely to have increased by
at least one quarter. Much of the growth will
be on the prime supersonic routes across the
Atlantic, Pacific, Indian Ocean and Siberia.
Given the supersonic flights overland are
likely to be banned, and night curfews at
major airflelds would place severe demands
on scheduling. sp)eed and frequency will un-
doubtedly stimulate traffic, particularly busi-
ness traffic. Speed elasticities as high as 0.8
have been suggested. If only a proportion of
this Increase should occur, and the interna-
tional air transport market continues to
grow, as seems likely, Concorde will achieve
substantial sales.
WISCONSIN STUDENT LEADER <X)M-
MENTS ON THE DEMOCRATIC
CONVENTION— 1972
Mr. PROXMIRE. Mr. President, in the
fall of 1972 the Campus Studies Institute
Division of World Research, Inc. held
seminars at both the Republlctin and
Demcxiratic conventions in Miami, Pia.
The purpose of the seminars was to oflfer
student leaders attending the convene
tions to express their perceptions of the
democratic process and to allow the di-
rectors of the program to record their
on-the-spot evaluations for distribution
to other students.
One of my constituents. Thomas
Bo wen. student body treasurer at the
University of Wisconsin-Whitewater, was
a member of the seminar. I feel that the
views of our younger citizens are of great
importance to this country and to the
Senate of the United States. I thCTefore
ask imanimous consent that Mr. Bowen's
record of the 1972 Democratic National
Convention, which was published by
World Research, Inc.. in a special edition
entitled "Perched Like a Weathervane."
be printed in fuU in the Record.
There being no objection, the article
was ordered to be printed in the Record,
as follows:
Perched Like a Weather Vane
Perched Like a Weather Vane is quite
simply the Individual observations of six
outstanding students on the American polit-
ical process and those who participate in
it . . . observations which are based on their
first-hand experiences at both national con-
ventions and their youthful but well quali-
fied background In political and economic
philosophy. It Is not Intended to be any great
In-depth analysis of our political system, nor
Is It intended to be representative of any
group of students.
As director of program development for the
Campus Studies Institute Division of World
Research. Inc.. I was put In charge of this
particular program. The first order of busi-
ness was. of course, to choose the specific six
students who would participate.
Hour by hour, day by day, I read over
2.000 student letters (letters written to CSI
from students across the nation) . I'm not at
all sure I can say exactly what that certain
something was that made six particular let-
ters stand out from the multitude. There was
a certain something ... a certain ability to
express (or at least detect) the basic philos-
ophy Inherent In Individual liberty.
However, as the reality of the undertaking
got closer, that "something" began to be more
nebulous. At my desk I sat and stared at the
six letters — so much Ink on so much paper.
Six names — four males and two females. It
was true that. Judging from their letters, the
six under consideration Just had to be ra-
tional, mature, "good" kids. But from a more
realistic Judgment. I really had no idea at
all If they were "good." I didn't even know
If they were Republicans or Democrats,
Further. I didn't know (not that it really
mattered) whether they were white, black,
skyblueplnk, long-haired, bearded, hipoie.
square ... all I actually knew was that they
apparentlv shared a basic respect for Indi-
vidualism". After lengthy staff consultation
the decisions were made.
The chosen six. Put them all together in
a convention seminar and have a nervous
breakdown wondering what the results would
be after living together for seven days at each
convention . . . wondering if they would be
compatible, if thev'd be drags or bores, if . . .
If, If, If,
It was only ten days before the Democratic
convention when the choice of these six stu-
dents was completely finalized. I picked up
Januanj 11, 1973
CONGRESSIONAL RECORD — SENATE
793
the phons to make the all-important calls.
Through a great deal of patience on the part
of the long-distance operator and the co-
operation from the registrar's offices at the
six different schools {student's home phone
numbers are not supposed to be given out —
not even parent's first name and naturally
I had chosen a Smith living In the Detroit
area and a Brown living in Manhattan), the
six home phone numbers were obtained. One
by one I checked them off and a pattern —
almost identical pattern — began to form.
"Are you serious?" "With World Research"?"
"Is this for real?"
And then:
"Wow" or "Gosh."
And then:
"Why me?" Followed by, "I can't under-
stand— I was klnda rough on you all" or "I
wrote that so fast — I never thought you'd
even answer" or "I remember my typewriter
was broken and I Just had to say something
so I scrawled it on note paper" or "I didn't
ever try to write some great letter — I was
just saying what I felt."
My reply to their question of "why me?"
was simply to tell them no matter how long
or short, spontaneous or unspontaneous their
letter had been, there was something — a
depth of understanding, a glimpse of insight
into the philosophy of freedom, a spirit of
Individuality, the ability to think before
blindly agreeing or disagreeing with any given
group or philosophy, and obviously, from
their student body office on campus, a quality
of leadership ... all of these were the
"why," nothing more, except perhaps a bit
of hopeful intuition on my part.
Not one conversation lasted more than five
to ten minutes. Each of the six adjusted their
summer plans and accepted our Invitation
with the eagerness and excitement that only
warm, alert and eager young people with open
minds and adventurous souls can possess.
My confidence returned . . . that Is. it re-
turned until I began to think of other things.
Specific things, like Just exactly how this
whole project was going to be directed once
we all got to Miami.
There were two schools of thought about
the direction — mine and everyone else's.
Most opinions were that definite assign-
ments should be made, definite questions
written down so each participant would be
asking the same questions thus giving a
statistical base for comparison, deep analyses
should be made of the mechanics and struc-
ture of each delegation, x number of hours
should be assigned for watching TV and
reading the papers, etc. etc. etc.
My opinion was that these six young peo-
ple weren't the type who needed detailed in-
structions on how to be Intelligent and
creative. The purpose of the seminar was not
so much to obtain an in-depth analysis of
the political mechanics (that's been done by
professionals since the inception of politics —
i.e, man ) , but more — to come up with an
In-depth story of what Intelligent individuals
left free — on their own — free from the over-
whelming authority of organizational struc-
ture— could produce. I wanted to see what
they could do. I wanted to learn what they
saw, what things they though were impor-
tant, what conclusions they would draw, and
Just exactly how they would go about choos-
ing and carrying out their own assignments.
These students were not children, nor were
they stupid, dull, or unimaginative. I felt
that their own wings were strong enough
and their sense of responsibility adequate
enough to gamble.
Believe me, I had my moments of doubt.
Was I expecting too^much? Would they end
up having had a "great time" at the con-
ventions and in essence nothing of slgntfi-
can^f beyond that? There Is, after all. much
to b* said for the proven methods: You do
It this way because that's the way It's done.
But, since have always rebelled against con-
trol over the responsible adult's creativity
Mid productivity. I decided on the nonbu-
reaucratlc approach and ended giving no In-
structions other than routine directions for
frequent check-in calls, overall instructions
as to the fact that they were representatives
of CSI and to conduct themselves accordingly
. . . and that we wanted notes and reactions
and an in-depth report from each of them.
One result of this non-bureaucratic ap-
proach was that I spent most of my time
alone in my hotel room, watching TV, relay-
ing messages, and feeling very un-needed. I
never even had a chance to tell them what
time to be In. I ate cheese and salami and
drank TAB, I hate TAB.
I have done nothing but the lightest of
editing, most of which was for clarification or
In the interest of limited space. I must also
add, "the opinions expressed are those of
the individual writer and not necessarily
those of CSI."
Patty Newman.
Tom . . . With the Democrats
(About Tom . . . Tom Bowen — Student Body
Treasurer at the University of Wisconsin-
Whitewater. A Junior. Accounting major.
Non-debonair in the straight manner of
the Midwest, and so dependable and re-
sponsible that I found myself giving him a
disproportionate share of the thlngs-to-
be-done. Straight? Not at all. if by
"straight" you mean uninteresting, estab-
lishment protocol. Not Tom. Tom Is astute,
quick, and eager to be where the action Is.
True, of the group, he was the most re-
served, but Interest, friendliness, sociabil-
ity all combined with a searching and In-
telligent mind to make Tom a real basic
ingredient in the project. Writer? Not real-
ly. Sincere? The most.)
The gavel went down at 8 p.m. with the
National Chairman O'Brien presiding. A long
and boring prayer was given by a bleeding-
heart pastor, whom Ed Muskle probably liked,
as he, too, saw eight sides to a six-sided
object.
In an effort to squelch the radical impres-
sion of George McOovern and the radical-
liberal label Vice President Agnew and others
tried to place on the Democrats in 1970, the
Dems did their best to appear patriotic and
All American. Vice Chairman Mary Lou
Burg gave the pledge of allegiance, flags be-
gan parading down the floor and the audi-
ence sang the national anthem. This was
otovlously an attempt to show the party's
sense of traditional Americanism — the party
that "saved America from economic disas-
ter— depression — and world dictatorship —
Hitler." However, the response was mute. The
delegates and others felt almost strange and
out-of-place In the American Legion-like na-
tionalism.
Senator Chiles of Florida welcomed dele-
gates, alternates. TV viewers and guests. He
said that the "open system" In the Demo-
cratic Party was shown by the fact that 86 ""r
of the delegates were new to national con-
vention politics; 37 T were women: 15'"r were
black: 22^'r were young: 100 were Spanish-
Americans: and 22 Indians (Native-Ameri-
cans?) Proudly he pointed out that these peo-
ple were on the outside in '68 but now are
working for change within the system. Here
was the first taste of Antl-Old-Establlsh-
mentism ... an apparent distaste for the
traditional practices of the 1968 Democratic
Convention in Chicago.
Another bit of Anti-Old-Pols came from
this Senator-from-the-South when he said
this was an open convention where "people
decide, not their bosses." (Note: At this time
McGovern & Co. were lining up blocks cf
delegates for the forthcoming fight on the
question cf California's delegation being
seated.) Senator Chiles apparently was say-
ing that the "people" would decide via ad-
visors, not troops — an analogy. I suppose, to
President Kennedy's "advisors" not "troops"
in South Vietnam,
While change was being stressed in theory,
tradition was stressed in appearance. The
singers — an almost all-white, clean-cut.
short-haired, establishment group of young
people — sang traditional songs, Broadway
hits, and Bacharach tunes. And so the con-
vention opened with traditionalism, which
acted as a buffer before the spirit of revolu-
tion was allowed to let loose as the conven-
tion marched right up to the nomination of
George McOovern,
I left the hall for a moment to look for
food. The first thing I saw outside was sev-
eral hundred police and troopers, which was
most Interesting because they had been to-
taUy unnotlceable when most people had
entered the hall. The logistics of their ap-
I>earance and actions had to be the most
carefully planned operation of the entire
convention — a marked contrast to '68 in
Chicago. (This is all well and good, unless
you were one of thoee unfortunate fjeople
to purchase a week-long "shuttle bus" pass
for $8.00 — a service which itself got shuttled
whUe emphasis was put on police protection
and resulted in a consumer service that
would have made R. Nader shudder.)
Claude Pepper of Florida (a former U.S.
Senator) gave the traditional convention
speech which again provided an interesting
contrast to the actual proceedings. Again
and again he proudly said that the nominee
and the nominee's leadership were in the
hands of "the people" and not the politicians.
(Note: At this time McGovern & Co. were
trying to persuade the purist-leftists within
the McGovern camp to "cool It" in regard
to the South Carolina vote on credentials.)
The disinterested conyentlon-goers (disin-
terested, at letist, as far as what was going
on at the podium) were offered the treasur-
er's report. Being a good capitalist at heart,
but enough of a Democrat not to be con-
cerned about over-spending a few million dol-
lars, the treasurer said that the man who
said "money is the root of all evil" and "the
best things in life are free" . . . never had to
run a political party. (With a $9.3 mUllon
debt and a tough national campaign ahead.
the Keynesian Democrats might begin to
wonder about deficit spending.)
Then Mr. O'Brien asked the delegates to
"please take your seats." He wanted order,
he called for LAW and order . . . "would
the sergeant at arms please clear the aisle?"
The obvious fact was that over 85'", of
those on the floor were new to politics, es-
pecially politics of order, and so It was a
major task for them to sit down.
Order or not. the lights dimmed and a
film was shown of people, people, people —
all commenting on the huge American po-
litical process and their heartfelt sense of
■powerlessness". "anxiety," "hopelessness."
They were saying government Is too big to be
responsive, and felt change was needed
(O'Brien failed to mention that Congress
has been controlled by the Democratic Party
for most of the last forty years and that It
was the promoter of big government for the
"children" of America)
The revolutionary reform rules called for
"democratically elected" delegates and the
establishment of a quota system for the
first time in the history of either polltlca".
party. In the opinions of many old political
pros, this meant a loss of local control
(paralleling the national trend, prob-
ably) ... no better Illustrated than with
the Daley delegation.
However, these two reforms (the "quota"
system and the "open" system) can confilct.
For example, if the people voting in the
Democratic primary elect an all-WASP del-
egation (this would be in accordance with
the "open" process), the liberals who might
dominate the Credentials Committee and
the convention would claim the elected del-
egation was not representative under the
"quota" system and would challenge (prob-
ably successfully) the seating of the demo-
cratically elected group.
An example of his conflict occurred with
the challenge to the South Carolina delega-
tion early in the convention proceedings.
'94
' "he Issue was there not being a representa-
1 Ive percentage of women In the delegation.
( nd the minority report challenged the seat-
■ g (as approved by the Credentials Com-
Ittee) unless the voting power of the
twenty-three men and the nine women were
equal (I.e.. reducing the men's vote
sixteen and raising the women's vote to
' P
cnly
Th
that
1 ad
sate
c lalm
3 arty
tlclp
tae
tfte
te
I[c
85
t3
r lore
tie
r!
CONGRESSIONAL RECORD — SENATE
January 11, ig';^
i:iade
\o
^xteen) .
Bella Abzug argued for the quota system
■ saying that South Carolina women make
51'"^ of Its population, but were "allowed "
nine seats of thirty-two — 28'~!:.
The Credentials Committee maintained
the South Carolina Democratic Party
the most democratically elected dele-
convention of any In the nation." They
qlalmed that the South Carolina Democratic
had had workshops, had increased par-
clpatlon of All, groups, had advertised
" location of all polling places, and had
McOovem-Praser guidelines.
The vote on this question would appear to
■ a test of whether the Democrats favor
(Quotas over democratically-elected delegates.
owever, politics overshadowed In this case
- McGovern people were asked (Instructed?)
let South Carolina stand In favor of the
Important (California nallng later. Thus
decision on the interpretation of the
form rules was left to the subjective nature
the convention.
At this point It should be noted that an-
flaw in the quota system Is that the
ceclslon of which groups will be chosen for
percentage representation is arbitrary, and
*Sose left out (labor and certain ethnic
oups) feel prejudiced against and resented.
Finally, the two big questions of California
Id Illinois came before the delegates, many
^ whom had grown impatient with com-
promlse and were more than ready for a
Slowdown. Although these questions were
" "" explained In the media, the principles
ved bear repeating because they are
;lc to decision-making and the theory of
fairness."
As to California, the essential question was
\4hether the "law of the Democratic Party or
law of the land (California statute)
sjiould prevaU. Senator Gaylord Nelson. In,
- support of the "winner-take-all" primary,
1. "Shall we support the laic or shall we
ipport political expediency?" The other
bislc question Involved the Issue of chang-
'iig the rules of the game "after the fact."
? supporters of apportioning the votes of
Ifornla to each candidate said that It was
le most representative way; that the dele-
g ites "shouldn't kick out nearly two million
vjtes from this year's process." And sis an-
o ;her supporter said, to disenfranchise these
psople would make a "mockery of the man-
of the reforms." He argued for "equitable
representation" and claimed It was a ques-
t on of the philosophical basis of the Demo-
c^«tlc Party.
The vote was obviously largely political;
h|>wever. the party decided to: (1) follow
law of the land. (2) keep the rules of
le game the same before and after the fact,
I) disenfranchise 1.900,000 California voters,
a Id (4) reject the theory of a democratically
n presentatlve philosophical basis for the
p urty. To the public the Democratic Party
w as saying that it based its decision on fair-
n»s; but In reality it was a matter of which
candidates benefited by the ruling.
My first view of the noted hip/zlpples was
Sjnday night when HHH had a conference
with the young delegates at the Carillon
Hotel. There he was: Abble Hoffman of the
Cilcago 7. making childish remarks, asking
'1 ill the young people for Humphrey ... are
tl ley from Minnesota?" and getting ab-
Sdlutely NO response from any of the HHH
supporters . . . they simply ignored his
presence.
Since Tuesday night was to be the plat-
f< irm fight and Issues from every corner of the
ri<llcal bag would be pushed, the Movement
d iclded to have a speaking rally outside the
cf
ether
V ell
i ivoh
b asi<
t:ie
t:i
(
convention hall in an area approved by the
police. A couple of hundred or so young peo-
ple were there listening to the same old gar-
bage from on stage.
When I arrived at this place of thought-
provoking utterances. I was surprised to hear
a middle-class man in his 30's come to the
podium to speak vigorously about the love
of Jesus Christ. He said he "c|ime to ask the
five top Democrats to make a stand with
God, Jesus Christ." At this point there were
some Jeers from the audience, to the effect
that "Christians are fascists . . . Evangelists
are helping to Justify Imperialists." etc. But
somehow, the Jeers never caught on.
The Jesus supporter continued saying that
"we must unite In one cause and pray for
the ending of the war." He said that govern-
ment was not the answer, politicians were
not the answer . . . JESUS was the answer
. . . for real peace ask for CHirlst to come
Into your heart. I agreed with his funda-
mentalist approach to religion and I liked
what he said about government not being
the answer.
The Jesus People were out In force at this
convention and I think this is one group
which did not get publicized properly — In no
newspaper or on no TV program did I hear
them mentioned once. Yet, they were very
visible.
Paul Mler, a returnee from North Vietnam
now on a "peace" mission, spoke. He Is an
active anti-war activist and a co -conspirator
in the Harrlsburg Case. He said the NVN
separates American people Into those who
are representative of the American govern-
ment which is the enemy, and that the
Movement should also make this distinction.
He urged the crowd to be "peaceful and
orderly in the name of the NVN" . . . noth-
ing would make Nixon happier, he continued,
than to have violence at this convention.
(Most of the leaders — many self-imposed —
did make a sincere effort to keep peace
mainly out of a sincere belief that violence
would help the President and hurt their
choice — George McQovern.)
One tough fighter ^gainst the establish-
ment was a Progressive Labor Party student
who said that "It doesn't matter who the
nominee of the Democratic Party Is" . . .
socialism Is the answer and voting for the
socialist candidate Is essential.
After a few more speeches, a march was
In order. In rows of eight, about three hun-
dred protestors quietly and peacefully
marched from outside the hall back to Fla-
mingo Park. There were actually few pro-
testors— relative to the number of observ-
ers. The police were Inside the fence which
surrounded the convention hall. They all
had helmets, and clubs which were abso-
lutely the largest I had ever seen. The Viet
Cong and NVN flags were proudly displayed
while the marchers chanted "fight back,
fight back, fight back." With the Vietnam
war waning, they sometimes took their cause
to "Fight Back. Rhodesia," or "Fight Back,
South Africa."
An unusual alliance was made when about
twenty Hare Krishna religious men took the
lead of the group — chanting and going Into
their motions.
The only Incident I observed during the
march was when a young sophisticate was
driving his car down the street that was
being occupied by the demonstrators. He
wanted to continue, so he honked his horn,
at which point there was the first sign of
open disturbance among the protestors. They
acted as If they were going to lift the car
up, but actually went no further than shout-
ing at the guy in the car. (We have more
of a right than YOU on this street — let no
citizen ever question that right.)
Finally at the park, the Jesus People were
again present. The New Pilgrim Baptist
Church from Alabama brought In a bus
load and one girl was In the process of read-
ing the Bible, from front cover to the end —
right in the middle of the park. The protest
leaders shunned the Jesus People — possibly
they were afraid of being contaminated with
love, and having to practice what they
preached.
The protestors, on the whole passive
peaceful, and emotionless. With Vietnam
being played down and the war being ended
a search was on for new causes to excite the
masses, but at this gathering, none came
forth. Progress seemed to disturb the hard
core leftists — the establishment was stealing
their arguments.
Flamingo Park was . . . like an excuse to
get away from home, to be free for a few
days, to take a vacation. Most were more
concerned with the rock band that played
and the songs they sang than with the
parllmentary proceedings at the convention.
The one Impression I got was the sense of
purposelessness among them. They were
there to protest the capitalist pigs, but were
actually disillusioned that inside the con-
vention hall an antl-establlshment figure
was in the process of wrapping up the nomi-
nation. How dare the system work — it diffuses
the Movement.)
The first rate of awareness In being among
the conventioneers had come to me Sunday
evening at the Humphrey headquarters at
the Carillon Hotel. The lobby looked not un-
like most other busy vacationing nights on
the beach; HHH supporters mingled, t)ut
their activities were dull. For a possible
Democratic nominee who had served as Vice
President of the United States, visible sup-
port was relatively meager.
The old pols were there, those who still
clung to the Idea that more federal money
will clear their consciences and problems
will then go away. But they were not as
enthusiastic, optimistic, or as forthright with
their convictions as In the past. Was it lazi-
ness, apathy, or did they feel their dream of
government intervention and socialization
had been fulfilled? Had a status quo been
perfected to the point where further elec-
tions didn't really matter? Had they grown
soft, comfortable, secure, and were now giv-
ing the hard, voluntary work to the "new
breed" of idealists?
The HHH candidacy was one last swing of
what had become the , Oerltol Crowd, the
Union Middle-Class, and the Moderate Wing
of the Party.
After McGovern received the nomination
on Wednesday night, I went to the HHH
youth beer party at the pool of the Carillon
Hotel. They were down — left with only "vot-
ing for the lesser of two evils;" i.e., Mc-
Qovern. The most dedicated were from home-
state Minnesota. They cliuig not to the man
or to one cause as did the McGovern
supporters, but liked HHH because of his
competency and bard work. "Look at his
record." said one young college graduate
from rural Minnesota, "It speaks for itself."
My Impression of these youth-for-Hum-
phrey (the "Swamp Poxes") was that they
were predominantly clean cut traditionalist
Democrats, hard-working, patriotic . . . the
kids next door. Almost all of them were
white, despite the fact many blacks sup-
ported HHH. Almost to a person these yoimg
people (numbering between fifty and a hun-
dred) felt that McGovern would lose, but
that they would reluctantly vote for him
on the basis of party loyalty. There was a
certain amount of pure resentment about the
youug voters for McGovern — "Why, they
aren't even Democrats," said one young girl.
It was rather certain that the HHH sup-
porters— young and old — would go home and
work for the Democratic Party, but concen-
trate on local races. They felt desp>ondent,
but were also angry at themselves for being
complacent enough to allow McGovern to do
the Impossible.
TOBACCO IN THE NATIONAL
ECONOMY
Mr. HELMS. Mr. President, it is with
regret that I note that the distinguished
January 11, 1973
CONGRESSIONAL RECORD — SENATE
795
Senator from Utah (Mr. Moss) has re-
newed his attack upon the very heart
of the economy of my State.
The distinguished Senator from Utah
again proposes to terminate the price
support program with respect „o tobacco.
He states that :
Our Government cannot long continue In
the indefensible position of aiding and abet-
ting production and export of this product.
With all respect to the Senator from
Utah, this matter has been before the
Senate on numerous occasions in the
past. The facts have been made clear,
time and time again, concerning the
nature of the tobacco support program,
its remarkably small cost to the Govern-
ment far more than offset by the sub-
stantial contribution to the Treasury
occasioned by the sale of the manufac-
tured product, and the role played by
tobacco in relation to our international
balance-of-payments position.
Again with due respect to the Senator
from Utah, it should be emphasized that
many scientists and Senators have taken
issue with the major premises of the
Senator from Utah.
More than 182,000 families in my
State earn their living from the produc-
tion of tobacco. They are dedicated,
hard-working citizens who, in my judg-
ment, deserve to be encouraged, not hin-
dered, in their constructive labors to
support their families.
I would hope, of course, that my peo-
ple could be spared the anxiety of Won-
dering whether their vital tobacco pro-
gram is to be placed in peril. Needless
to say, I implore Senators to study care-
fully all of the facts related to this
subject which is of such vital concern
to the people and the economy of North
Carolina and many other States.
Mr. President, I ask unsmimous con-
sent that a statement of the U.S. De-
partment of Agriculture, Tobacco Divi-
sion—ASC, entitled "Tobacco in the Na-
tional Economy," dated October 1972, be
printed in the Record.
There being no objection, the state-
ment was ordered to be printed in the
Record, as follows:
Tobacco in the National Economy
Tobacco is a major agricultural commod-
ity that several hundred thousand farm
families depend on for most or a significant
part of their livelihood. About 400,000 farms
In the United States produce almost 2 billion
pounds of tobacco on nearly one million
acres each year. Although tobacco uses only
0.3 percent of the Nation's cropland, it Is
usually the fourth or fifth most valuable
crop and accounts for about 6 percent of
cash receipts from all U.S. crop>s. U.S. farm-
ers receive annually about $1.3 billion from
tobacco sales. On many farms more than one
family depends on the income from the
tobacco sales. So about 600,000 farm fami-
lies share In the proceeds from the sale
of tobacco. Tobacco Is one of the few crops
that can still utilize family labor and pro-
vide a reasonable Income on a small farm.
To produce and market an acre of tobacco
requires about 400 man-hours.
The United States leads the world In both
tobacco production and exports. Among our
farm export commodities tobacco usually
ranks fourth. During the 1972 fiscal year,
U.S. exports of unmanufactured tobacco were
valued at 8531 million. In addition, exports
of mainufactured tobacco products were
valued at $233 million. Our total tobacco ex-
ports in fiscal year 1972 were valued at $764
mlUion. Since tobacco exports substantially
exceed imports, they make a sizeable con-
tribution to our balance-of-payments posi-
tion.
A limited export payment program de-
signed to regain and expand foreign markets
for U.S. tobacco by making our tobacco more
competitive prlcewlse was instituted in 1966.
The expenditure for this program during the
1972 fiscal year was $26.7 million.
For a number of years, the Department
has been working with U.S. ag^rlcultural and
trade groups to help expand sales to foreign
countries of such VS. farm products as
tobacco, wheat, feed grains, soybeans, cot-
ton and fruits. For the 1972 fiscal year, the
Department authorized expenditure of $160,-
000 (dollar equivalent In foreign currencies)
for cooperative tobacco market development.
This program operated In two countries;
Thailand and Austria, which have govern-
ment monopoly control of the manufacture
and distribution of tobacco products. These
projects have been undertaken at the re-
quest of. and In cooperation with, these
foreign governments, and are designed to
expand the use of U.S. grown tobacco In the
products they manufacture.
The U.S. also Imports large quantities of
tobacco. During fiscal 1972 our Imports of
leaf and manufactured tobacco were valued
at $167 million. These Imports are used for
blending with U.S. leaf In the manufacture
of cigarettes and cigars. The supplying coun-
tries are principally Turkey, Greece and
Yugoslavia for cigarette leaf, and the Philip-
pine Republic, Dominican Republic, Colom-
bia, Brazil and Paraguay for cigar leaf.
During the 1972 fiscal year. U.S. consumers
spent about $12.8 billion on tobacco products,
of which about $5.1 billion were received by
Federal, State and local Governments as ex-
cise tax revenue. Thus, taxes represent about
40 percent of consumer expenditures for to-
bacco products, and are about four times the
amount U.8. farmers receive from their to-
bacco sales.
The demand for tobacco by many millions
of people will continue even though con-
fronted with health Issues and other repres-
sive Influences. Manufacturers will obviously
strive to satisfy this demand and will obtain
C^
their tobacco requirements either from do-
mestic producers or from suppliers of foreign
grown leaf. U.S. producers naturally feel they
have every right to continue to earn their
livelihood by producing tobacco to supply
this demand.
For many years, the Department of Agri-
culture has administered programs to stabi-
lize U.S. tobacco production and assure fair
prices to growers. Marketing quotas are In
effect for most types of tobacco. In most refer-
endums. more than 90 i>ercent of the growers
voting have f.ivored marketing quotas. It Is
generally agreed that because of the produc-
tion control program, less tobacco is produced
in the United States than would likely be the
case If there were no Government programs.
When growers approve marketing quotas,
price supports are mandatory for that kind of
tobacco under existing legislation. Under the
price support program. Commodity Credit
Corporation (CCC) loans are made available
through producer associations with the to-
bacco as collateral. The associations handle
and sell the tobacco, and repay the loans as
the tobacco Is sold. The realized cost of the
tobacco price support program during the
1972 fiscal year was $200,000. The cost, that
the Government has sustained in operating
the price support program for tobacco from
1933 to date, hais been about 0.15 percent of
the cost for all farm commodity price sup-
port operations.
Under the cropland adjustment program,
provided by the Food and Agriculture Act of
1965. farmers are paid to divert cropland
acres to non-agricultural and conserving
uses. During fiscal year 1972. approximately
$1.4 million was paid to producers for divert-
ing tobacco acreage.
The Department provides an Inspection
service to grade all tobacco before it Is sold
on the auction markets. Government grade
standards affixed by USDA inspectors are the
basis for CCC price support loans. Dally mar-
ket news reports Inform growers of prices and
market conditions. The tobacco inspection
and market news services cost $4.8 million
during the 1972 fiscal year.
Expenditures for tobacco under Public Law
480 (Food for Peace Program) during the
1972 fiscal year totaled $24.3 million, of which
$5.4 million represented the sale of leaf to-
bacco and tobacco products for U.S. dollars
on credit terms. The remaining $18.9 mlUlon
represented sales for local currencies, as no
tobacco is donated under Public Law 480.
The Department conducts major research
on tobacco in cooperation with the State
Agricultural Experiment. Stations and other
agencies. In fiscal year TM:?. $6.2 million
were programmed for tobacco research. Fol-
lowing the Issuance of the Surgeon General's
Report on "Smoking and Health" In 1964. the
Department expanded and redirected Us re-
search In an effort to ascertain what. If any,
element In tobacco or Its smoke, may be In-
jurious to health.
The following table shows the cash receipts
from tobacco, percentages of all crops and all
farm commodities, and the number of farms
and families producing tobacco in the 16
leading tobacco producing States in 1971.
Cash
receipts -
from
tobacco,
1971
(millions)
Tobacco cash receipts
as proportion
of those from—
Number of
farms
producing
tobacco
Number of
families
associated
with
tobacco
farms
States
Cash
receipts -
from
tobacco.
1971
(millions)
Tobacco cash rece
as proportion
of those from -
pts
Number of
farms
producing
tobacco
Number of
families
Slates
All
crops
(percent)
Crops, live-
stock, and
livestock
products
(percent)
All
crops
(percent)
Crops, live-
stock, and
livestxk
products
(percent)
assKiaied
with
tobacco
farms
North Carolina..
...;. J562
60.7
66.4
35.0
33.9
23.3
16.4
2.7
17.8
3«.9
36.8
28.7
21.6
M.6
10.2
7.3
1.9
5.8
15.7
80.000
135,000
13,000
28,000
74.000
10 000
2.300
3,000
100
182.000
147.000
33,000
48.000
94.000
30.000
10.000
6.000
4.600
Pennsylvania
Ohio
Indiana
Massachusetts
Wisconsin
$10
::: k
::: /'!
3.6
1.9
1.2
13.4
3.9
.8
7.4
0.9
.9
.6
6.7
.6
.3
1.7
3.000
9.500
8.300
too
2.900
1.200
3.300
3.070
Kentucky
South Carolina. ".■.■"."
..... 271
101
11.000
9 400
Virjinia..
Tmnesse* '.'.'".'.'.
90
76
92
27
23
26
1.500
5,200
6«r|i»
Missouri
5
1 600
florid*
Nanrtand
Connecticut
West Virginia
United States
2
4.400
1,328
5.9
2.5
373.700
591.400
r96
I
CONGRESSIONAL RECORD — SENATE
FHE BEST ARGUMENT AGAINST AN
AMERICAN SST
Mr. PROXMIRE. Mr. President, at the
;nd of last month the Joint Economic
Committee held 2 days of hearings on
he supersonic transport. The purpose
)f the hearings was to assess the ongoing
•esearch programs that the Department
)f Transportation and NASA are con-
lucting in this area, and to consider any,
uture plans for resuming Federal fund-
ng of SST development.
Unfortunately, the witnesses we in-
ated from the administration — witnesses
hat could have enlightened Congress
m a possible SST resumption— all re-
used to testify. This was most regret-
able, and we can only speculate about
he administration's intentions with re-
tard to resuming a full-scale SST pro-
gram.
One of the most telling statements that
vsLS submitted at these hearings came
rom Milton Fried men, the University of
::;hicago economist. Friedman points out
hat the real nub of the SST issue Is
)ften. obscured— that the real question
s: What business does the Government
lave involving itself in SST develop-
ment? As Friedman says:
The SST Issue Is often presented as if the
([uestlon were: Should or should not an
: >ST be buUt In the United States. That seems
o me the wrong question. I favor the buUd-
ng of an SST In the United States, If prl-
' ate enterprise finds It profitable to do so,
I Jter paying all costs. Including any envlron-
I nental costs imposed on third parties.
On the other hand, I oppose the building
(if an SST In the United States U that re-
(|ulres government subsidies.
Mr. President, I ask unanimous con-
:ent that an article by James J. Kil-
liatrick about our SST hearings pub-
ished on Januar>- 9, 1973, and Mr. Fried-
nan's testimony before our committee be
1 )rinted in the Record.
There being no objection, the Items
' vere ordered to be printed in the Record,
I Ls follows :
Prom the Washington Evening Star and
Dally News. Jan. 9, 1973]
"HE Best Argumekt Against an Ameeican
SST
(By James J. Kllpatrlck)
Milton Friedman, as he so often does, put
113 finger a few days ago squarely on the
heart of a major public issue. The Chicago
f conomlst. a towering figure In the world of
(nance despite his diminutive size, was talk-
lig of the supersonic transport plane. He
\ ras agaUist Its revival by the Incoming Con-
i ress.
Thft' Issue Itself la something less than
t ranscendent. For some months, rumors have
1 een floating about Washington that an ef-
fDrt would be made — It was never clear by
^'hom — to have Congress authorize a fresh
£ tart on the SST. The rumors reached a point
t bat Wisconsin's maverick Sen. William Prox-
rilre. leader of forces opposed to the SST,
1 eld two days of hearings before his Joint
iconomlc Committee. Professor Friednan
\ ras his key witness.
If It were not for an Important principle.
tie Issue scarcely would Justify reporting.
.' jx American SST, for at least the foreseeable
1 uture. is a dead duck. The Boeing Company
i as sold its costly mockup and disbanded
i 3 design and management team. The Sen-
ate. which voted 51^6 In March 1971 to halt
i urther federal appropriations, is not
1 kely to be talked into a resumption of the
p rogram. Those who dream of renewed fed-
« ral financing are dreaming of pie in the sky.
Yet the principle merits a word. Friedman
simamed it up:
•'The SST Issue is often presented as If
the question were: Should or should not an
SST be buUt In the United States? That
seems to me the wrong question. I favor the
building of an SST In the United States, if
private enterprise finds It profitable to do so.
after paying all costs. Including any environ-
mental costs Imposed on third parties.
"On the other hand, I oppose the building
of an SST In the United States if that re-
quires government subsidies. I oppose gov-
ernmental subsidization of the SST for ex-
actly the same reasons that I oppose govern-
mental subsidization of food, or of autcwno-
blles. or of furniture, or of electric power. I
believe in the free enterprise system. A gov-
ernmental decision to produce an SST largely
at Its own expense Is a step toward socialism
and away from free enterprise."
This Is the heart of the argument that
many critics tried to make two years ago.
Many other complaints, of course, were
raised. There was the problem of the SST's
sonic boom, a plaster-cracking roll of thun-
der on the earth beneath Its path. TTiere
was the problem of the arlplane's nose at
takeoff. Some critics professed to see a dan-
ger to the earth's environment In the effect
of the SST's exhaust on the upper at-
mosphere.
Proponents of the SST were able to fend
off most of this barrage. They never could
answer the one unanswerable question: If
this private, commercial airplane is as great
a bargain as you say, why cant the private
market finance it?
The realities, when you could persuade
the proponents to look at realities, were sim-
ply damning. At a price of $40 mUllon for
each SST, the purchasing airlines would have
been taking on a tremendous Investment per
passenger seat. Prospective operational costs
for fuel alone were astronomical. The SST
could be profitable only at much higher fares
than now are charged for trans-oceanic
flights, and only with load factors at wildly
optimistic levels.
When It came to the final showdown In
the Senate, the money at stake was pea-
nuts: $134 million to continue prototype
financing. It Is a large sum to most of us. In
the money market it Is nothing. If the air-
line Industry genuinely had believed in the
SST as a profit-sharing venture, the $134 mil-
lion could have been raised In a weekend. No
one would touch it. In the dreadful, elo-
quent silence that followed the Senate vote,
the business community pronounced its mute
verdict: bad deal.
Nothing has transpired from that day to
this. Including dLsplrlted news of the British-
French Concorde, to alter that verdict.
Untversttt or Chicaoo,
Chicago, til.. December 11, 1972.
Hon. William Peoxmirk,
Joint Economic Committee,
US. Senate. Washington, D.C.
Dear Senator Proxmire: I understand you
are holding hearings on the proposed revival
of the SST project. I am very pleased indeed
to submit herewith a statement for the
Record.
The SST Issue Is often presented as If the
question were : Should or should not an SST
be built In the United States? That seems
to me the wrong question. I favor the build-
ing of an SST In the United States, if pri-
vate enterprise finds it profltable to do so,
after paying all costs. Including any en-
vironmental costs Imposed on third parties.
On the other hand, I oppose the building of
an SST In the United States If that requires
governmental subsidies. I oppose govern-
mental subsidization of the SST for exactly
the same reasons that I oppose governmental
subsidization of the production of food, or of
automobiles, or of furniture, or of electric
power. I believe In a free enterprise system.
A governmental decision to produce an SST
January 11, 1973
largely at its own expense Is a step toward
socialism and away from free enterprise.
The basic justification for a free enter-
prise system is that the possibility of profit
will lead private Individuals seeking their
own interests to promote the social Interest
by producing only those products for which
people are wUUng to pay and producing them
at lowest cost. But a profit system can work
only If It is also a profit and loss system,
only If projects that do not pay are not car-
ried out, and when enterprises make a mis-
take about a project, they must bear the con-
sequences. If government balls enterprises
out, either In advance on the expectation of
a loss, or after the event when a loss has
been realized, the fundamental justification
of a free enterprise system Is destroyed.
There are occasions when governmental
subsidization or taxation of private activities
Is Justified. Such occasions arise when the
activity Imposes net benefits or net costs on
third parties for which they do not pay or
do not receive compensation for example,
there Is a strong case for affluent taxes, as a
means of requiring the consumers of a prod-
uct to pay the costs of pollution Imposed on
third parties In the course of manufacturing
that product. There Is a case for governmen-
tal subsidization of basic scientific research
because the research confers benefits on the
rest of us that the producers of the research
cannot charge for — though I hasten to add
that I conjecture that the present level of
such subsidization Is far greater than can be
justified on these grounds.
Despite the enormous amount of propa-
ganda for government subsidization of SST,
no valid evidence has been presented that
there are net benefits to third parties that
they are not required to pay for. The asser-
tions to this effect have In general been logi-
cally fallacious. This Is true about the alleged
benefit from additional employment. The
only effect would be to employ people here in-
stead of on more productive activities, since
the addition to employment from the SST
subsidy would be offset by the subtraction
from employment as a result of the extra
taxes that would have to be paid to finance
the subsidy or the loan funds that would
not be available for other uses if they were
absorbed to pay the subsidy. Similarly, the
alleged benefit to our balance of payments is
logically fallacious. That Is simply mercan-
tilist confusion. Our benefits from Interna-
tional trade come from Imports not exports
and there is always a rate of exchange at
which these will balance. If at that rate of
exchange It Is profitable to produce an SST
for export, fine: If not, there Is no case for
subsidizing it.
In the one external effect that It has auy
even prima facie merit is the possibUtty that
the development of the SST will have some
benefits for national defense. But In that
case the expenditure on the SST should be
considered as part of the defense budget and
compared with other means of adding to our
military strength.
I therefore conclude that there was no
case earlier for subsidizing the production
of an SST and that there Is none now.
Sincerely yours,
Milton Friedman.
TAX CREDITS FOR PARENTS OF
CHILDREN ATTENDING NONPUB-
LIC SCHOOLS
Mr, TAPT. Mr. President, on Decem-
ber 29, 1972, a three-judge Federal dis-
trict court panel declared unconstitu-
tional an Ohio statute granting coet-of-
education tax credits to parents of chil-
dren attending nonpublic elementary
and secondary schools and enjoined the
implementation of the statute. I am
deeply concerned about the effect that
this decision will have on our non-
public schools as well as its overall im-
January 11, 1973
CONGRESSIONAL RECORD — SEN ATE
797
pact upon the educational system of
Ohio. An immediate stay of that order
is vital.
It is my firm belief that the Ohio laws
attacked not only the requirements of
the first amendment, but that the effect
of this adverse decision is to deny par-
ents of nonpublic schoolchildren the
equal protection of our laws. It interferes
with the basic parental right of freedom
of choice of a school for their children.
Based upon this belief, in 1972 I intro-
duced S. 3536, providing income tax
credit relief for parents of nonpublic
schoolchildren, which I considered
necessary to the survival of the non-
public schools of this country. I expect
to offer similar legislation this year. But
even its early passage will not prevent
major damage tn Ohio right now.
It has been reported that this deci-
sion will deprive the parents of 276,991
children of the relief which the Ohio
Legislature prescribed for them. The
amount of tax credits due imder the act
for the year 1972 would total $24,929,190.
This credit money is budgeted and avail-
able. Without this Immediate relief, it
has been projected that 40 nonpublic
schools will be forced to close in Cleve-
land alone. The already overcrowded
public school systems will have to ab-
sorb the children from those schools.
■Without the prescribed tax relief, the
nonpublic schools of Ohio are doomed
to failure.
The prospect of public school systems
which are unable to assimilate the in-
flux of students that will be thrust upon
them leaves little hope for the quaJity
of education to be provided.
F^irthermore, If nonpublic schools were
to close, the taxpayers of Ohio would
have to assume an increase In education
costs amounting to between $175 and
$200 million per year. The tax credit
statute is clearly intended to provide
partial tax relief to parents who, at their
own expense, are providing a secular ed-
ucation and thus relieving the State of
an obligation it would otherwise be re-
quired to perform.
Instead of penalizing parents for
exercising their constitutional right to
send their children to nonpublic schools,
the Ohio Legislature sought to give
these parents partial tax relief for the
secular education they provide and
thereby to encourage continued private
investment In education. The vitality
of both public and nonpublic education
could then be sustained. Clearly, the
benefits to be derived from this statute
inure to not only the parents of non-
public schoolchildren, but in a very
meaningful way to the entire citizenry
of Ohio by sustaining the integrity of
the public school system and avoiding
the increased tax burden which would
be incurred if the nonpublic schools
were to close.
The decision of the Federal district
court in Ohio is presently on appeal to
the Supreme Court because it conflicts
with a Federal court decision in New
York which found a similar tax credit
statute to be constitutional. It should
also be noted that in 1971 a Minnesota
State court held that the Minnesota tax
credit statute was constitutional. As a
result of these conflicting decisions, the
parents of children in nonpublic schools
in New York and Minnesota are en-
joying the tax credits which Ohio par-
ents are presently enjoined from re-
ceiving. On January 10, 1973, the
appellants in the Ohio case filed an
application for a stay of the injunction
pending the Supreme Court's disposi-
tion of the appeal. Since the issue before
the Court involves a conflict between
Federal courts over the application of
the Constitution of the United States,
I hope and suggest that the Solicitor
General express the views of the United
States in a brief to be considered before
the Supreme Court rules on the stay.
I hope that the stay will be granted,
for otherwise, the difference in treat-
ment between citizens of these three
States would be discriminatory and a
denial of equal protection of our laws
to the citizens of Ohio. The need for
relief to parents of children attending
nonpublic schools is immediate. Equal-
ity of treatment coupled with the ur-
gency of the educational situation in
Ohio are compelling reasons for grant-
ing a stay of the injunction and allowing
the statutory relief to be implemented.
gression. More recently we have seen how
violent ethnic, racial, and religious ha-
tred between Greek and Turk, Ibo and
Hausa, Arab and Jew, Moslem and Hindu.
Protestant Irish and Catholic Irish, can
lead to the outbreak or danger of inter-
national conflict.
Seen in this light, it becomes clear
that genocide is a disease whose conta-
gion can never be limited by national
boundaries. Only the united resolve of
the world community can hope to con-
trol. I urge that the Senate dispel any
doubt as to America's commitment to
this effort by giving its long-overdue ap-
proval to the Genocide Convention.
GENOCIDE— A MATTER OF INTER-
NATIONAL CONCERN
Mr. PROXMIRE. Mr. President, it is
now more than 23 years since the United
Nations Convention on the Prevention
and Punishment of the Crime of Geno-
cide was first transmitted to the Senate
for ratification. Since that time we have
heard repeated in this body, and outside,
a niunber of objections to such action.
It is my contention that these are objec-
tions of little real substance and provide
no obstacle to giving the Genocide Con-
vention its well deserved approval.
The objections raised to the Genocide
Convention are both general and specific
in nature. Today I would like to address
myself to the first general objection that
has been raised — that genocide Is a do-
mestic matter that cannot appropriately
be dealt with through the treatymaking
power.
The international community has af-
firmed at the highest level that genocide
is an international crime. This declara-
tion was made by the unanimous action
of the General Assembly of the United
Natioris. F\irthermore, the United States
is a party to the charter of the Nurem-
berg tribunal, which declares crimes
against humanity to be of international
concern. Indeed, during the operation
of that tribimal. representatives of our
Government helped to prosecute, con-
vict, and pimish individuals for commit-
ting these offenses. Surely then, as a mat-
ter of law. the status of genocide as an
international crime is beyond dispute.
When we turn from the legal to the
political aspects of genocide it again be-
comes clear that the question is one of
legitimate international concern. The im-
happy record of modem history provides
numerous examples of severe ethnic or
racial persecutions which have led to or
accompanied international conflict. The
Nazi plans for the conquest of Russia and
Poland were made feasible by their readi-
ness to exterminate the Jewish and Slavic
inhabitants of those parts of Europe. This
is only the most notonous example of
the connection between genocide and ag-
GOVERNMENT IN THE SUNSHINE
Mr. STEVENSON. Mr. President. I am
pleased to cosponsor the Government in
the Sunshine Act introduced yesterday
by the Senator from Florida (Mr.
Chiles) . Late last year Senator Mathias
and I constituted ourselves into an ad
hoc committee to consider ways and
means of strengthening the Congress by
making it more reflective of the popular
will, more accountable to the people, and
more efiQcient in the discharge of its tra-
ditional functions vis-a-vis the Execu-
tive.
During the 3 days of hearings which
our committee held in December 1972.
the most prominent and aU-encompass-
ing theme to emerge was the one with
which this bUl is concerned: access to In-
formation. A government whose legiti-
macy rests upon the consent of the gov-
erned must not. except in special circum-
stances such as those carefully spelled
out in this bill, conduct its business in
secret. By denying the voters the infor-
mation they need to exercise an informed
choice at the polls, excessive govern-
mental secrecy reduces the principle of
consent of the governed to an empty plat-
itude. If we close the doors to the pub-
lic, we will all be the losers — except for
the special interests. At best, excessive
secrecy breeds public suspicion and con-
fusion; at worst, it fosters sloppiness, fa-
voritism, influence peddling, and out-
right corruption.
This legislation promises to give the ^'
voters the information they want and
need to do their job at the polls. Equally
important, it gives us in the Congress —
the institution most representative of and
responsive to the people — the informa-
tion we need to do our job. Every admin-
istrative agency to which this bill applies f
was created by an act of Congress, We
therefore have a legal, moral, and con-
stitutional duty to oversee the activities
of the administrative agencies we have
created — a duty which cannot be prop-
erly discharged If the regulators and the
regulated conduct their business in pri-
vate. It may not always be true that "^
knowledge is power, but for us in the
Congress the lack of knowledge leads in-
escapably to a lack of power. If we are
serious about strengthening the Con-
gress, the place to begin is by eliminating ^
excessive executive branch secrecy root
and branch, as this bUl would do.
I commend Senator Chiles and Sena-
tor RiBicorr for introducing this legis-
lation.
798
CONGRESSIONAL RECORD — SENATE
IGOR SIKORSKY
Mr. RIBIGOFF. Mr. President, Igor
Sikorsky, one of America's greatest
aviation pioneers, died October 26. 1972.
in his home in Easton. Conn. Mr. Sikor-
sky was 83.
Igor Sikorsky was a brilliant scientist
and engineer, a patriotic and dedicated
American and a warm and compassionate
friend. All Americans mourn his passing.
He was a personal friend of mine. I will
miss him deeply.
Bom in Kiev. Russia, May 25. 1889. Mr.
Sikorsfe' invented and piloted the first
practical helicopter. He also was known
and honored in the aviation world for his
development of multienglne planes and
of amphibians. But the helicopter was
his primary interest. As a you^ in Rus-
sia, Mr. Sikrosky tried to buildf a rotary
wing aircraft. That effort failed, mainly
because engines of those days lacked
sufficient power. But he did put a heli-
copter into the air in 1939. Today the
Silkorsky helicopter is used extensively
throughout the Nation, in both civilian
and military pursuits.
Typical of Mr. Sikorsky's humanistic
attitude toward his work and his inven-
tions was a comment he made when the
first helicopter was used to flj' blood
plasma for victims of a steamship ex-
plosidtf in 1944. Mr. Sikorsky said:
It was a source of great gratification to all
ot the personnel of our organization, Includ-
ing myself, that the helicopter started Its
practical career by saving a number of lives
»nd by helping man In need rather than by
spreading death and destruction.
Mr. Sikorsky's organization was the
Sikorsky Aero Engineering Corp.. which
tie established on Long Island in 1922 and
which became the Sikorsky Aircraft
Division of Stratford. Conn., a branch of
United Aircraft Corp.
Mr. Sikorsky, who came from a long
ine of priests, inherited an interest in
M:ience from his mother, a physician,
and his father, a psychology professor.
In addition to his unprecedented
areakthroughs In helicopter technology,
Mr. Sikorsky produced successful twin-
sngine, all-metal transport. That innova-
tion led to the amphibious aircraft used
jy Pan American World Airways in
napping out overseas airways.
Mr. Sikorsky retired in 1957, but he
remained greatly active as a consultant
to the organization.
Mr. Sikorsky is survived by his wife.
Elizabeth, and four sons: Sergei, of
3peyer. Germany: Nikolai, of West
Hartford; Igor. Jr.. of Simsbury, Corm.;
ind George, of Poughkeepsie. New York:
and a daughter, Tania von York of
Easton, Conn.
On September 11. 1963. the Christian
Science Monitor published an article
ibout Mr. Sikorsky's career. I ask
inanimous consent that the article be
3rinted in the Record.
There being no objection, the article
was ordered to be printed in the Record,
is follows:
Pioneer or Flight FRo^^^^:HS
(By Albert D. Hughes)
Stratford, Conn. — There have been prob-
ibly fewer aviation pioneers with a more
profound Influence In the two main branches
Df aircraft design — fixed wing and rotary
^ng — than Igor I. Sikorsky, Inventor of the
arst practical helicopter.
Mr. Sikorsky said he put aside his rotary-
wing experiments back In 1910 for 30 years.
He recognized that there was not enough
Information or experience available In the
state of the art at that period to enable him
to come up with a successful helicopter.
So he turned to fixed-wing aviation and at
Its climax In his career he evolved a flying
boat design that made the first commercial
nonstop flight across the North Atlantic.
Mr. Sikorsky's work In flxed-wlng aviation
has slipped Into the background In the devel-
opments that have surged around him since
he perfected the helicopter. For his rotary-
wing developments, aviation history, cer-
tainly, will place him beside the Wright
brothers.
EARLY PROTOTYPE WATCHED
It was In the context of this history that
we sat down recently with Mr. Sikorsky Just
after the 40th anniversary of the aircraft
company he founded in 1923. For 24 years.
the company has been a subsidiary and Is
now the Sikorsky Aircraft Division of United
Aircraft Corp>oratlon.
Once engineering manager and now en-
gineering consultant for the division named
for him. Mr. Sikorsky occupies an office set
down In the engineering section of the mod-
ern plant beside the Housatonlc River.
A gentleman with courtly Old World man-
ners. Mr. Sikorsky brims with enthusiasm
when discussing the future of his beloved
helicopter. Despite the deferential manner,
there gleams In his eyes the zeal of the
inventor.
When we mentioned that we had had the
privilege of seeing him flying the prototype
of the first helicopter In 1939. Mr. Sikorsky's
eyes lighted up. That original model, the VS-
300. Is now In the Ford Greenfield Village
Museum, Dearborn, Mich.
"I dreamed about helicopters as a boy," Mr.
Sikorsky related. "I had a definite reason,
too. I saw It as an aircraft completely free
from ground conditions. It could take ofi
from any spot. It had total freedom from an
alrpwrt. It could operate from a rooftop or
platform, or on board ship.
"It could mekke 'partial landings' . . . con-
tacting the ground or a roof without letting
Its weight repose." he further explained. He
diverted from his reminiscences to explain
how this partial-landing principle saved lives
a few years ago In a bad terminal building
roof fire at the Brussels airport. "The roof was
too high for ladders and men were trapped on
It because of the fiames. A helicopter was
sent to the scene and it hovered over the roof
area, the trapped men stepped Into It. and
lives were saved," Mr. Sikorsky said.
TATTCHT HIMSELF TO PLY
He seemed pleased when we mentioned the
flying boat since It Is obviously one of his
favorite developments. "In April. 1910. sifter
I made my conclusions on helicopter develop-
ment. I decided to go temporarily Into flxed-
wlng aircraft. It was an easier problem, some
usef\il Information was available, and other
men had succeeded in flying.
"My first result, the S-2. got into the air
for the first time In June 3, 1910. It was my
first time In the air and lasted only 20 sec-
onds. I had no Instructions. I taught myself
to fly It."
Mr. Sikorsky, like many Europeans, was
excited by the flights of Wilbur Wright In
France In 1908. When he got reliable Infor-
mation and pictures of the Wright flights It
fortified his resolution to make aviation his
life occupation. He said many Europeans
were not convinced about the success of the
Wrights' flights because of the long period
which elapsed betwen 1903 when they first
flew until the 1908 flights In Prance. But Wil-
bur Wright's flights erased these doubts, be
said.
In 1909, when he weis 20. Mr. Sikorsky got
enough money from his relatives to make a
trip to Paris, then the European center of
aviation, and bought an engine. "I pro-
January li, igy^
duced my No. 1 and No. 2 helicopters in laoo
and 1910. They did not fly and made a lot^
noise and dust. I learned a great deal about
buUdlng aircraft and handling aviation en
^Ines from this experience.
SERIOUS BT7SINESS
"I also found that about 10 percent of
the literature on aviation was correct and 90
percent wrong. I had to use Imagination and
intuition and create quickly my own means
and methods. But I realized the problems
that existed at that period. That was when
I gave It up temporarily."
His first flxed-wlng airplane wouldn't fly
and he quickly Improved It for a second in
which he made his first 12-second flight It
was pioneering all the way. He built an air-
craft without knowing how to buUd one and
taught himself to fiy. "I learned how serious
the whole business was, both designing and
pUotlng. Both needed studying and I had no
one to teach me."
Mr. Sikorsky's fifth flxed-wlng design
earned him national recognition as well as
the Federation Internationale Aeronau-
tlques (PAI) license No. 64. His S-6A also
received the highest award at the 1912
Moscow Aviation Exhibition and in the fan
won first prize In the military competition
at Petrograd (St. Petersburg).
CATWALKS FOR STROLLINC
This 1912 success led to his being named
to head the aviation subsidiary of the Rus-
sian Baltic Railroad Car Works. It was here
that he conceived the first multienglne de-
sign. He produced a four-engine plane that
was called the "Grande" because of its size.
It had many things which air passengers
accept as commonplace In modern aircraft,
lavatory, upholstered chairs, and exterior
catwalks where passengers could "take a
turn about the deck."
His second four-engine design, named
"Ilia Mourometz" for a Russian hero, went
Into large production for those days. As a
bomber design, 100 were ordered and 75
were delivered to , the government, Mr.
Sikorsky related. They saw action In World
War I, he said, participating in air raids on
the Eastern Front.
The Bolshevik Revolution In Russia, how-
ever, ended Mr. Sikorsky's career in that
country. He gave up a considerable per-
sonal fortune and emigrated to Prance
where he was commissioned to build a
bomber for Allied service. The aircraft was
on the drawing board when the Armistice
was signed. Mr. Sikorsky vainly tried to
find a position in French aviation and
headed for the United States.
AMERICAN FIRM SET UP
He found postwar aviation here waning
and after trying to find work in his field,
Mr. Sikorsky took up teaching. He lectured
in New York, mostly to fellow emlgrees.
Then, In 1923, a group of students and
friends who knew of his reputation as a
designer in Russia, pooled their funds and
financed his first American aviation firm,
Sikorsky Aero Engineering Corporation.
"Our first plant was on a friend's farm in
Roosevelt. L.I.." he recalls. "We took over a
shed and a chicken house and started build-
ing an airplane. Most of the work was done
by hand.
"We had no machinery except a one-
quarter horsepower drill press." Mr. Sikor-
sky said. "The main longeron of the fuse-
lage was formed out of steel angles taken
from discarded beds found In a Junkyard.
Tumbuckles were bought for 10 cents
apiece at Woolworth's." he further recalls.
The first airplane built by the young In-
secure company was the S-29-A (far-
America), a twin-engine transport which
proved a forerunner of the modern air-
liner. The S-29-A eventually was sold to
Howard Hughes who disguised It as a Ger-
man bomber and crashed It in a film,
"Hell's Angels," which he produced.
January 11, 1973
CONGRESSIONAL RECORD — SENATE
799
PILOTED BY LINDBERGH
A number of aircraft followed, including
the twin-engine S-38 with which Pan Ameri-
can World Airways opened services to Central
and South America. The success of this air-
craft was the step leading to an Invitation for
Mr. Sikorsky's company to become a sub-
sidiary of United In 1929.
He further recalls that on the maiden flight
to the Panama Canal Zone, which Col.
Charles A. Lindbergh piloted, "Lindbergh and
I would take the dining-room menu each eve-
ning, turn it over, and write down data and
performance specifications for a transoceanic
clipper."
The result was the S-42 Flying Clipper, de-
livered in 1934. and which began flying the
Atlantic In 1937. The British withheld per-
mission for the United States to fiy to London
until It readied the Short fiylng boat for Im-
perial Airways. With the development of the
larger S-44 fiylng boat, the United States
held the Blue Ribbon on the North Atlantic
for Its fastest passages. It was the first
Slkorsky-built aircraft to cross the Atlantic
nonstop with a payload.
FLYING BOATS CONTEMPLATED
Mr. Sikorsky believes fiylng boats were
abandoned too early for they have advantages
in comfort growing out of their large size.
He visualizes large fiylng boats with 40 to 50
staterooms, a dining room, and other com-
forts.
With transatlantic pioneering In back of
him, Mr. Sikorsky returned to his first love —
helicopters. In 1931, he had made applica-
tion for a helicopter patent for a design simi-
lar to the prototype VS-300, except that It
had a single rotor — a feature of Sikorsky air-
craft ever since.
"Stability and control were unknown and
had to be approached anew," Mr. Sikorsky
says of his helicopter experiments which led
to the successful design. "Control also had
to be the same, that Is, equal, whether the
movement of the stick was forward, hovering,
or backward."
HELICOPTER GENEALOGY
Then on Sept. 14, 1939, Mr. Sikorsky lifted
the VS-300 off the ground for a fraction of a
minute. Within two years, Mr. Sikorsky had
made a new set of world helicopter records.
MUltary contracts followed, and in 1943,
large-scale manufacturing of the R-4 made It
the world's first production helicopter. The
sizes kept increasing until they reached the
S-S5, the first certificated transport helicop-
ter; the twin-engine S-56, capable of carry-
ing 50 troops: the 12-passenger S-58; the
single-turbine S-62, first amphibious rotary-
wing with flying-boat hull; the S-61, twin
turbine aircraft, a Navy antisubmarine weap-
on, and 28-pas8enger commercial airliner.
His pet project now Is the S-64 "Skycrane."
a twln-turblne helicopter with a basic frame-
work to which a number of cargoes up to 10
tons can be suspended. He visualizes designs
with payloads up to 20 and 30 tons, and
heavier.
Mr. RIBICOFP. Mr. President, in a
column I write twice a month for Con-
necticut newspapers, I talked about Mr.
Sikorsky's achievements. I ask unani-
mous consent that the article be printed
to the Record.
There being no objection, the article
was ordered to be printed in the Record,
as follows :
All TO THE Good
Connecticut, the nation and the world lost
a brUliant engineer and scientist and a
aeeply compassionate human being when
^or Sikorsky died in his home In Easton
October 26, 1972 at the age of 83.
^ngress had adjourned and I was occu-
pied With the campaign at the time of his
aeath. So, in this my first column of 1973. I
*»nt to brlefiy retrace Mr. Sikorsky's career,
ror in his life's work and achievements, this
genius of aviation technology revolutionized
air transport and. equally important, pro-
vided a vivid Illustration of how a man with
determination and skill and courage can
succeed In America.
The name Sikorsky, of course. Is
synonymous with helicopters. After all. Igor
practically Invented them. But, to me, the
name Igor Sikorsky also means something
else. It Is that Individual men and women
working tn a free society are capable of In-
credible accomplishments. Few people
achieved as much In a lifetime.
Igor Sikorsky was born in Kiev. Russia
May 25. 1889. His father was a psychology
professor, his mother a physician. There had
been several priests among his forefathers as
well.
The young Sikorsky was Intrigued with the
concept of an aircraft that could take off
vertically. He once recalled:
"I dreamed about helicopters as a boy . .
I saw It as an aircraft completely free from
ground conditions. It could take off from any
spot. It had total freedom from an airport.
It could operate from a rooftop or platform
or on board ship."
In Russia. Igor Sikorsky tried to build a
helicopter. He might have succeeded, too.
had there l)een engines available in those
days to provide sufficient power. But the
young man's genius for aviation was not
wasted as he produced conventional planes
and eventually multi-engine bombers that
were used by Russia in World War I.
With the Bolshevik Revolution In Russia.
Mr. Sikorsky emigrated to Prance and in
1919 he came to the United States. Virtually
penniless, Mr. Sikorsky taught for a while.
Then, in 1923, with financial backing from
fellow students and friends — one of them
Serge Rachmaninoff, the pianist-composer —
Mr. Sikorsky founded the Sikorsky Aero En-
gineering Corporation.
Located initially in an abandoned shed and
chicken house on a farm in Roosevelt, Long
Island, the Sikorsky Aero Engineering Cor-
poration prospered. Mr. Sikorsky designed
and built several m Itl-englne airplanes,
one of which — the twin-engine S-38 — en-
abled Pan American World Airways to open
services to Central and South America.
In 1929. Mr. Sikorsky's firm merged with
United Aircraft.
Many more successes In fixed wing air-
craft followed. Mr. Sikorsky worked with
Colonel Charles Lindbergh and others, for
example, in developing the S-42 Flying Clip-
per which began flying the Atlantic In 1937.
But the helicopter remained Igor's first
love. In 1931. he applied for a helicopter
patent and In 1939 — on September 14 — he
piloted his own chopper, the VS-300.
While the military application of hell-
copter technology has been significant. Mr.
Sikorsky always believed that its greatest
potential lay In clvlliai.. peaceful pursuits.
Typical of his humanistic attitude toward his
work and his inventions was a comment he
made when his first helicopter was used to fiy
blood plasma for victims of a steamship ex-
plosion in 1944. Mr. Sikorsky said:
"It was a source of great gratification to
all of the personnel of our organization. In-
cluding myself, that the helicopter started
Its practical career by saving a number of
lives and by helping man In need rather
than by spreading death and destruction."
Today, the monuments to Igor Sikorsky
are many. They range from the main Sikorsky
plant in Stratford to virtually every helicop-
ter ever built. If Mr. Sikorsky didn't design
It, the engineer who did learned how from
Igor. For Igor Sikorsky, like the Wright
Brothers, like Charles Lindbergh, John Glenn
and Nell Armstrong, made history In flight —
and all mankind Is better for It.
EVELYN WADSWORTH SYMINGTON
Mr. EAGLETON. Mr. President, a
warm and fond recollection of a very
lovely lady, Mrs. Evelyn Wadsworth
Symington, appeared Monday in the
Washington Star-News. I ask unanimous
consent that this beautiful tribute to the
wife of our colleague be printed in the
Record.
There being no objection, the article
was ordered to be printed in the Record.
as follows:
Where the Thread Leads
(By Judy Flander)
Evelyn Wadsworth Symington:
"The thread of life is filling with the hours
Each one a slipping multicolored bead.
Who knows what lies beyond the clasping.
Or where the slender, shining thread will
lead?
We only know we strive to make them per-
fect.
Each symmetric, full and gay.
Well knowing that beyond the radiant cen-
ter
The other half will dwindle fast way."
On the day before Christmas, while she
was attending the Redskins-Green Bay
Packers playoff game with good friends, Evle
Symington's shining thread of life received
its last few gay beads. Minutes after she
returned home to the Wadsworth house on
N Street, she was stricken with an aneurysm
of the aorta from which she died less than
an hour later at Georgetown University Hos-
pital. The life she looked ahead to. In a poem
she wrote 51 years ago when she was 18. was
over.
That was the way she had wanted It to
end. Driving to RFK Stadium that day with
her husband. Sen. Stuart Symington. D-Mo..
and Sen. Howard Cannon. D-Nev.. and his
wife. Dorothy, she commented sympatheti-
cally on the plight of former President Harry
Truman who. at that moment, was dying
slowly in a Missouri hospital. "You know,
Dorothy," she said. "When my time comes,
I want to go fast. I have no desire to linger
on."
Mrs. Cannon does not believe that Evle
Symington had a premonition of imminent
death. She and her husband later assured
Sen. Symington they'd noticed no signs of
Illness or discomfort In his wife. "We were
all feeling so fresh and nice and happy that
day," said Mrs. Cannon, "It truly was one
of the most delightful days I've ever spent."
Essentially, Evle Symington was classifiable
as a "homemaker," or any of the other
euphemisms used to describe the woman who
stays home and tends her family. Hers was
a family of notable men: she was the grand-
daughter of a Secretary of State, the daugh-
ter of a Senator and Representative, the wife
of a Senator and the mother of a Congress-
man.
rf'Many women, particularly of Evle's genera-
tion, assume their role as keeper of the
bearth by default. They take for granted
that they have no other destiny. Mrs. Sym-
ington had to make a choice.
A rising star as a supper club singer in
New York's best hotels in the mid- 1930s, she
was earning $1,700 a week, was deluged with
Hollywood offers, and had passed a Para-
mount screen test. She was planning to go
to California to make a movie In 1938. when
her husband, then a drl"lngly successful
New York businessman, received an offer to
become president of, and rejuvenate, the
Emerson Electric Manufacturing Co. in St.
Louis. Mo.
Soon after these developments. Stuart
Symington received a call from Evle's agent.
Sonny Werblln (later owner of the New York
Jets) who wanted to know. "What's going
on? She's cancelled everything."
That evening. Evle told her husband. "I'm
either going to be a singer or I'm going to be
a wife and mother. I've decided to be a wife
and mother."
A young woman who later became known
as "the Incomparable Hildegarde " took over
800
CONGRESSIONAL RECORD — SEN ATE
January 11, 1973
the singing contract If Evle ever had any
regrets about giving up fame and fortune,
she never told anyone. Her husband, her
sons, her friends never heard her mention
her career again.
Younger son. Jlm.my (Rep. James Wads-
worth Symington, D-Mo.) says. "I don't
know what women's lib would have to say
about It, all I ksow Is she did what her heart
prompted her to do. Dad's needs for her had
always been tremendous — as a listener, a
helper, a counselor and a refuge."
Jimmy adds that Evle knew what kind of
a man she had married. He had entered the
Army in World War I as a private and come
out as a second lieutenant — the year he W8is
17. He'd already made a considerable fortune
when he took over the Emerson Co. In 1945.
President Truman offered him the chairman-
ship of the Surplus Property Board. Over the
years Stuart Symington rose from one presti-
gious position to another He served succes-
sively as Assistant Secretary of War for Air.
Secretary of the Air Force, chairman of the
National Securities Board, and administrator
of the Reconstruction Finance Company.
He was first elected to the Senate In 1952
and was a serious contender for the Presi-
dency in 1956 and 1960.
"In a way, Washington was Evle's town,"
said Sen. Symington the other day. recalling
how he had met her at a dance In 1920
at what Is now the Sheraton-Park Hotel. In
1915. when she was 12. Evle's father, James
W. Wadsworth, was elected Republican Sen-
ator from New York. The family moved to
the Hay house, across Lafayette Park from
the White House where the Hay-Adams
Hotel now stands.
The house was built by Evle's grand-
father. John Hay, who served In turn as
special assistant to President Abraham Lin-
coln, Ambassador to England and Secretary
of State under President William McKlnley
and Theodore Roosevelt.
President and Mrs. Calvin Coolldge were
among the guests when Evle married Stuart
Symington on March 1. 1924. This was at
St. John's Church, across the street from
the Hay house.
Symington's ushers bad given him a silver
bowl engraved with their names. On the
morning of Evle's death, as she and her
husband sat in the library of their home
with the Cannons prior to leaving for the
Redskins game. Sen. Cannon noticed the
bowl and asked about Its significance. This
brought forth a flood of wedding remi-
niscence. Evle laughed about the problem
"those great big ushers had going down
those narrow church aisles." And the Sen-
ator observed with satisfaction, "In 14
months, well celebrate our SOth wedding
anniversary."
Sen. Symington is a man of sentiment.
In 1969. an Ulness necessitated two opera-
tions for Evle and the Senator asked her at
that time to write out four lines of poetry
she'd written for him before they were
married. (She wrote poetry all her life.
though many close friends never knew it.)
Sen. Symington has the poem still, on a
small piece of stationery with a cheerful red
apple at the top. It has been folded and
refolded so many times that it has come
apart at the creases:
"Oh, will the heart be rover?
Life, sad surprise?
Turn your sweet head, discover
My steady eyes."
He had brought her to Rochester, N.Y.
where he worked In his uncle's business
as an Iron moulder, and where their sons
were bom; Stuart Jr., who is now a St.
Louis attorney, in 1925, and Jimmy, in 1927.
The Senator remembers how In those days
Evle used to sing at charity functions and
with her family. Evle's father was a tenor:
her mother, a soprano; her brother James J.
Wadsworth (who in 1960 and 1961 was U.S.
Representative to the United Nations), was
a bass. Evle was a contralto.
One evening In 1934, a few years after the
Symingtons had moved to New York City,
the Senator recalls, "We were at a benefit at
a rttzy place called the Place Pigalle where
there were a lot of professional singers and
somebody said. "Let's have a song from Evle."
She sang 'The Very Thought of You' —
which became her theme song — and brought
down the house. She could sing. Oolly, she
could sing. She had a voice that could break
your heart."
Two weeks later, the owner of the Place
Pigalle called Evle and asked if she'd like
to work there as a professional singer. It was
fine with her husband, but he suggested
she'd better ask her father.
"Is the place East or West of Broadway?",
Wadsworth wanted to know. (West of Broad-
way was "what you'd call the wrong side of
the tracks," Sen. Symington explained later.)
"Its two doors West," said Evle.
"Well, then I guess it's okay," said Wads-
worth, who evidently didn't think a matter of
24 feet would tarnish the family reputation.
Sen. Symington remembers the night his
wife, as Eve Symington, society singer, opened
at the Place Pigalle: "A close relative turned
to a friend and said, 'Let's clap like the
dickens and then get out of here. The best
amateur Isn't as good as the worst profession-
al.' Evle sang "The Very Thought of You'
and halfway through, the man burst Into
tears."
Another time, the Senator brought along
his friend, boxer Oene Tunney. The two men
sat at the bar. According to the Senator,
"Gene suddenly noticed that the bartender
was Jack Renault, the French fighter he'd
beaten In 1923. They went over the fight
blow by blow. Then Oene said, 'By the way.
my friend's wife sings here and you Just
watch out for her." "
"Are you Eve Symington's husband?",
asked Renault. I said, yes, and he said, seri-
ously. 'Anybody displeases that lady, we kUl
him.' "
During the next four years Eve Symington
also sang at the St. Regis Hotel, the Sert
Room of the Waldorf and the Persian Room
of the Plaza, accompanied by such orchestras
of the '30s as those of Leo Relsman and
Emile Coleman.
Mrs. John Sherman Cooi>er, the wife of the
we laughed a lot. That last day I said to her
in fun, 'Are you going to fire me?' And she
said, "No, I'm not going to fire you, I want
you to work for me as long as I live.'
"She was the sweetest lady I ever met In
the world."
Georgia Winters also did housework and
some cooking for Evle for many years and
she says, "She was so nice and so gentle.
She liked to come into the kitchen and we'd
do things together. She wanted to fix every-
thing the way the Senator liked it."
On Thursday, Evle patted Mrs. Winters on
the shoulder and said, "Just do your work
little by little, dont get too tired." Then she
added, "I'll count on you for next week."
Mrs. Winters heard about Evle's death on
the 11 o'clock news Christmas Eve. "I
couldn't sleep. It took so much out of me,
the same as my mother's death."
Saturday night, the night before Evle died,
Jimmy and Sylvia came to dinner. Jimmy
says, 'We'd only go over about once a month
so it was great we got to see her the night
before. In every gesture she seemed to be ex-
pressing the fulfillment of her life. She was
about to go to St. Louis to see young Stuart
and Janey and their children. Our wn
Jeremy was here and our daughter, Julie,
was about to arrive from Paris and she knew
she'd see them all.
"I remember when we arrived at the house.
You know, she'd always give me a hug and
this time she gave me a particularly warm
htig. I noted it at the time."
Jimmy Is silent for a few moments. Then
he continues: "That night she wore a good
dress when she went downstairs to cook our
dinner. And I remember that Dad com-
mented the day after she died how strange
this was; normally she wore an old dress,
then changed for dinner."
Evle was a good cook. That night she
served "baked chicken in cream sauce with
halves of black olives looking like little tnif-
fies and a marvelous sort of mixed salad,"
Sylvia recalls.
Next morning, it being Sunday, Evle got
up early and fixed the Senator breakfast.
Then she packed a football lunch of bouil-
lon, ham and cheese and chicken sandwiches
for the two of them and the Cannons. (The
Symingtons had four seats in their box at
January 11, 1973
CONGRESSIONAL RECORD — SENATE
801
former Republican Senator from Kentucky, ___ „^ ., . , .,^ .. ,_^ ^ . .v
remembers- "The room woul<i be perfectly <??^ stadium and always took friends to the
dark and then nut. Fvio wniilrf rnme. Hire a jPedSklns games.)
dark and then out Evle would come like a
waft of fresh air, a sp>otllght on her, her
blond hair glowing. She had a lovely laughing
face. She had magic. It's the thing that held
you. She had an Intimate, caressing quality
as If she was singing only to you."
Mrs. Cooper was an acquaintance and fan
of Evle In those days. "When I began to
know her as a friend," Mrs. Cooper says,
"she became my heroine. As a Senate wife,
she was the way we all wanted to be."
When the Symingtons first came to Wash-
ington In 1945, they had an apartment at
the Shoreham Hotel. But in 1952, just before
Symington was elected to the Senate, Evle's
father died, and the couple moved In with
her mother on N Street where they lived
ever since. (Evle's mother, who remarried,
died in 1960.)
It Is a five-story house filled with antiques
and paintings by Botticelli and Sir Joshua
Reynolds and some of the things Evle col-
lected such as figures of lions and Battersea
boxes. Portraits of ancestors hang on all the
walls, and John Hay presides over the for-
mal dining room downstairs.
Carrie Williams, who has been doing
housework for the Symingtons for five days
a week for 16 years — "and I only missed two
days in that time" — last saw Evle on Satur-
day. It was like every other morning. "I'd
come In and she would have her bedroom
door open and I would put her paper Inside
and ask her what she wanted for breakfast.
After breakfast, we would have our little
chat."
What about? "Oh, the weather mostly. And
^ The two couples had been planning the
outing for a month, ever since they had
been together for a trip to the Iron Ctirtaln
countries after the North Atlantic Assembly
in Bonn. "'We decided right then. If the Red-
skins got Into a playoff, we'd all go to the
game together," says Sen. Cannon.
Mrs. Cannon also remembers. "I've lived
that last day we spent with her In retro-
spect dozens of times," she says. "Evle was
In such a lovely mood."
Sitting next to Evle at the game was Mario
P. Escudero. He and his wife had adjoining
seats with the Symingtons for 10 years.
Escudero, an attorney vrith Morgan, Lewis
and Bockius of Washington, says Evle was
"a very devout Redskins fan. She knew
everything about football. That day, I lit two
cigarettes for her which Isn't much for a
three-hour game. She cheered a lot.
"They left about 3:03, there were about
three minutes to go and we were winning
16 to 3. The Senator said to me, 'Esky. we've
got it won, we're leaving.' Twenty minutes
later she had the attack."
Just before the game started, Dorothy
Cannon remembers that Evle lost her gloves.
It was a common occurrence for her and
the Senator teased her about It. He gave her
one of his gloves so they each wore one glove
and kept the other hand In a pocket.
On the way home, Evle turned to her hus-
band who was driving and said, "I did appre-
ciate your lending me your glove." He said,
"I hope you didn't lose it." "No. I didn't" she
said, handing it back to him. "Thank you,
darlln'," said Stuart Symington.
"I Just happened to look at her when
he said that," Mrs. Cannon says. "She had
the special twinkle In her eyes. Later I told
the Senator, "If you could only have seen
her face at Just that moment." She was happy
all the way home."
When they arrived at the N St. bouse,
Evle asked the Cannons in. "But we said no
because we knew they were getting ready to
leave on the 5:10 plane for St. Louis; their
bags were packed and waiting in the hall,"
says Mrs. Cannon.
As Sen. Cannon started up his car across
the street, Evle, at her open door, turned
and waved goodbye.
Inside, Sen Symington had started up-
stairs to see about their plane tickets when
he heard Evle cry out. Sylvia tells the story
as she heard it from him. "She had a sudden
sharp pain in her back, but she said she
didn't think it was her heart. Almost Im-
mediately, she became unconscious and my
father-in-law called the ambulance and then
he called us."
The sirens brought the neighbors to their
doors. Mrs. Herman Wouk, wife of the author
on one side, and Mrs. McCook Knox, who had
been living on the other side since the Wads-
worths" time. Mrs. Knox saw the aimbu-
lance pull up and watched as Evle was car-
ried "oh, so carefully on a cot down the
little curve of her stairway. I saw her face.
She was In no pain. She looked very beautiful.
"Even though she's been gone since Christ-
mas Eve. I always think I'll see her walk-
ing down those steps again."
Most people learned of Evle's death when
they glanced quickly at the paper, as most
people do on Christmas day. The next few
days, for most, were filled with holiday activ-
ity, but the letters, telegrams and personal
messages poured In to the house on N Street
in a flood that has not crested yet.
One Washingtonian said he rarely has writ-
ten letters of condolence In the past, but on
this occasion somehow found himself im-
pelled to write both the Senator and Jimmy.
He had never met Mrs. Symington. He told
the Senator that as a boy In boarding school,
he and his dormitory mates had been smit-
ten to their adolescent souls by one of Evle's
songs. It taught them, he said, what a real
woman was supposed to sound like. "I can't
remember the name of the song," he wrote
•'but if I heard it again today I would know
in an Instant."
There were several songs he might have
had in mind: "My Romance", possibly, or
"Hands Across The Table", or "Just One of
Those Things". It could well have been "The
Very Thoughts of You". But one of Evle Sy-
mington's numbers, pretty much forgotten
since she popularized it in 1934. was called
'Be Still My Heart". The last four lines went
"Be still my heart.
Even though our love has gone away
He'll be coming back to us someday —
Be still my heart.
The Senator has not expressed an opinion
on this, but Jimmy Symington thinks it not
unlikely that ""Be StUl My Heart" was the
song in question.
THE 150TH ANNIVERSARY OF DIPLO-
MATIC RELATIONS BETWEEN THE
UNITED STATES AND LATIN
AMERICA
Mr. SCOTT of Pennsylvania. Mr.
President, on November 14, 1972, the
Permanent Coxmcil of the Organization
of American States met in Philadelphia
to observe the 150th anniversary of dip-
lomatic relations between the United
States and Latin America.
Leaders of the OAS were invited to this
gathering by the Permanent Mission of
the USA, headed by our own Ambassador
Joseph John Jova. himself of distin-
CXix 51— Part 1
guished Spanish and Latin American an-
cestry.
The meeting was held at historic Con-
gress Hall, where our National Congress
irilft in the first years of our independ-
ence, when Philadelphia was the Capital
of the United States.
Formal diplomatic relations first
established were in 1822 with the recog-
nition of Don Manuel Torres as Charge
d'Affaires of "Gran Columbia," a terri-
tory which at that time included Co-
lombia, Ecuador, Panama, and Vene-
zuela. Manuel Torres was designated
Charge d'Affaires, with the rank of Min-
ister, by the liberator, Simon Bolivar.
Homage to Minister Torres was paid by
Ambassador Jova, president of the Per-
manent Council find head of the U.S.
delegation to the OAS. The Honorable
Prank Rizzo, mayor of Philadelphia, wel-
comed the visiting dignitaries. He was
folTowed by the Secretary General of the
OAS, Mr. Galo Plaza, former President
of the Republic of Ecuador and a one-
time Ambassador of his country in
Washington.
The principal speakers were Secretary
of State William P. Rogers and Ambas-
sador Gonzalo Garcia Bustillos, of Vene-
zuela, who had been chosen by the Per-
manent Council to represent all the
countries that once made up "Gran Co-
lumbia".
Father Joseph F. Thorning, often de-
scribed as "The Padre of the Americas,"
noted that Don Manuel Torres was laid
to rest in the "Campo Santo" of "Old
Saint Mary's Church," Philadelphia, not
far from Congress Hall.
I ask unanimous consent that several
items be printed in the Record.
There being no objection, the items
was ordered to be printed in the Record,
as follows:
Tke OAS, Minister Tobses, ako Philaoclphia
(By Ambassador Joseph John Jova)
Dlario Las Americas has asked me the
reasons why I invited the Permanent Council
of the OAS to hold a Protocolary Session In
Philadelphia. First of all. It was simply to
celebrate 150 years of diplomatic relations
between the United States and Latin Amer-
ica. This In Itself was more than sufficient
reason for a commemorative session. The fact
that the first diplomatic agent, Minister
Manuel Torres of Colombia, spent long years
of exile In Philadelphia and is buried there,
opened the possibility of inviting the Council
to meet in that city, precisely at the his-
toric site of Congress Hall where our Na-
tional Congress met In the first years of our
Independence when Philadelphia was the
capital of the United States.
Moreover, at a time when there is so much
emphasis on the pwints of difference and con-
flict between Latin America and ourselves, it
seemed to me that it would be very useful
to hold a session at which we could in good
faith emphasize all that unites us. And the
truth is that it is all to easy to forget all
that we have in common — our revolutionary
and antlcolonlal origins, our constitutions,
our republican form of government, and aU
the ties of culture, policy, and trade — in fact,
all the ties which have been created within
the Inter-American System, and outside of
it as well, dtirlng these 150 years of diplo-
matic relations. As Secretary of State Rogers
remarked extemporaneously in his toast, the
countries of this Hemisphere can be proud
of the fact that we have had, as In no other
part of the world, a Continent of Peace, In-
dependence, and Freedom. This Is In great
measure due to the Inter-American System,
which, with all Its imperfections, has yet
proved to be an effective instrument for
harmonizing relations among the countries of
the Hemisphere.
In my speech opening the Protocolary Ses-
sion, I made reference to the belief which
Inspired the members of our first congresses
that the sovereign interests of the states
there represented could be mutually devel-
oped through a freely accepted association
of equal states under law. This same belief
has Inspired the countries of the Americas
to form the Inter-American Sj'stem, In the
conviction that the sum of our associated
forces Is greater than that of the Independ-
ent parts, and that through our efforts It is
possible to harmonize national Interests, re-
solve conflicts, and combine resources for
the greatest benefit of all.
I recognize that we aU — including our own
country, the richest and most powerful in
the world — face the terrible challenge of un-
derdevelopment and it^ problems, and I
acknowledge the obligation we aU have to
find ways of providing a better life for our
peoples. Nobody yet has found the solution
to this challenge, but as my colleague the
Ambassador of Venezuela, Don Gonzalo Gar-
cia BustUlo. put it so elegantly: "In our
American region, we have both opulence and
fxjverty, but we have conditions here un-
equaled anywhere else on earth to enable
us with sincere programs to establish the
systems of communication which interna-
tional social Justice demands."
When we were preparing to go to Phila-
delphia, the Library of Congress provided me
with a photocopy of the Philadelphia news-
paper the Aurora for July 22. 1822. which
carried a report of the death of Minister Tor-
res. As I read this old newspaper. I was im-
pressed by the fact that, contrary to Journal-
istic practices in our country today, a great
number of dispatches ( there were no cables )
were published, reporting events In various
parts of Latin America. This strengthened
my resolve that, on this historic occasion, the
OAS should meet not at its headquarters but
tn PhUadelphia, thus helping to focus United
States public opinion not only on the OAS,
but also on the whole Latin American
panorama.
Aside from the reasons I have already
stated for Justifying our coming to PhUa-
delphia. I believe that one cannot forget the
human aspects of this event. The trip pro-
vided the opportunity for getting together
Informally, without protocol, during the train
nde, with the opportunity of socializing not
only with the OAS Delegates but also with
Secretary of State Rogers and his party, and
one must not discount the Importance of so-
cial intercourse and the personal factor in
diplomacy. My 30 years as a diplomat have
convinced me that If national policies are
the big wheels in the international machin-
ery, the i)ersonal effort of the good diplomat
can be likened to the drops of oil that make
those wheels turn.
The OAS Presents the Diary of a Latin
American Hero to Philadelphia
Philadelphia, November 15. — The Mayor of
this city received a valuable historical gift
as an expression of gratitude and a memento
of the events celebrated here yesterday
(Tuesday) In commemoration of the initia-
tion— 150 years ago — of diplomatic relations
between the United States and the countrlea
of Latin America.
On that occasion, Mr. Joseph John Jova,
Chairman of the Permanent Council of the
Organization of Americsin States (OAS), pre-
sented to the city of Philadelphia a fsu^mlle
copy of the unpublished diary kept during
the United States CivU War by Lt. Col. Adolfo
Cavada of the 23d Volunteer Regiment of
PhUadelphia.
As Ambassador Jova explained. Col. Ca-
vada and his brother Federico were United
States ConsvOs In Cuba and resigned their
' /
m
CONGRESSIONAL RECORD — SEN ATE
Janimry 11, 197s
x»t» to Jo4n the Cuban people's fight for
ndependence In 1868.
Both brothers rose to the rank of General
n the victorious Cuban army and died In
>attle.
Ambassador Jova, Chairman of the Perma-
lent Council, upon presenting Col. Cavada's
llary to the Mayor of Philadelphia, affirmed
iiat "the Cavada brothers, bom In Cuba to
u woman who was a native of Philadelphia.
und reared In PhUadelphla. heroes of the
Jnlted States Civil War and of the Cuban
Ight for Independence, symbolize In a very
ipeclal way the historical ties which have
aways existed between Philadelphia and ha,-
In America."
The struggle for freedom of the peoples
>f this Hemisphere has always had the en-
.huslastlc cooperation and assistance of the
)ther countries of the Hemisphere that had
Oready gained independence. This generous
Lid was given ma&y times at the sacrifice of
: ife Itself.
In the case of PhUadelphla. the cradle of
Jnlted States independence. It Is not strange
,hat Its «ons should Identify themselves with
he cause of independence In other coun-
rles of America.
The Cavada brothers were an example of
lemlspherlc solidarity In the -fight for a
lommon cause. Many others like them died
lefendlng ideals which are deeply rooted In
he history and highest aspirations of our
>eoples.
In this way the history of Afiaerlca has
>een written, the result of a Joint effort. The
^at American heroes are the culminating
■xpresslon of a populeur aspiration. And to-
lay as yesterday, our nations are united by
»mmon Ideals of freedom and progress.
This unity was clearly demonstrated In
;he events celebrated yesterday In Phlla-
lelphla, which were attended by all the Am-
bassadors accredited to the OAS, and by Mr.
JVllUam P. Rogers, Secretary of State of the
Jnlted States.
Col. Cavada's diary will thus be a perma-
lent memento of the ceremonies, which,
nrhlle evoking the beginning of diplomatic
■elatlons between Latin America and the
Jnlted States, symbolized by first Ambas-
lador Manuel Torres, were also the expres-
sion of the fraternal spirit which character-
zes Inter-American relations today.
;»RESIDENT NIXON'S VIEWS ON CON-
SULTATION WITH CONGRESS—
1969 AND TODAY
Mr. CHURCH. Mr. President, on No-
.ember 3, 1969, in a nationwide address
X) the American people on Vietnam
X)licy, President Nixon said :
The American p)eople cannot and should
lot be asked to support a policy which In-
volves the overriding Issues of war and peace
jnless they know the truth about that policy.
Ten days after the 1969 pledge of can-
lor. the President, in an informal visit
to the Senate, talked about his view of
:he proper relationship between the Pres-
ident and the Congress. He said :
This administration wants to develop a
relationship In wlpch we will have consulta-
tion and In whlclv^e will have the advice,
not just the consent.
He went on to say :
Recognizing the role of the Senate, rec-
ognizing the importance of getting the best
Ideas and the best thinking of the members
3f this body on both sides of the aisle on
these great matters, we are attempting to set
ap a process — a process In which we can
M>nsult. In which we can get your advice,
and at the same time, not weaken the posi-
tion of our negotiators as they attempt to
meet the goals of this nation — the goal of
limiting arms and the goal of a Just and
lasting peace.
I ask unanimous consent that the en-
tire statement by the President in the
Senate on November 13, 1969, be printed
In the Record after my remarks.
The PRESIDING OFFICER. Without
objection, it Is so ordered.
Mr, CHURCH. Mr. President, neither
the American people neJr the Congress
know the truth about why the preelec-
tion 'peace is at hand" euphoria of
October 26 turned, within 7 weeks, into
savage saturation bombing of North Viet-
nam. The President has chosen not to
discuss the matter with the leaders of
Congress, to meet with the press, or to
allow Dr. Kissinger or Secretary Rogers
to appear before the Foreign Relations
Committee.
As everyone in Boise, Idaho, who reads
a newspaper or watches the television
news knows, there h£is been no consulta-
tion with the Senate on major foreign
policy issues, certainly not on the nego-
tiations in Paris or on military actions
in Indochina, Yet our Constitution does
not provide for a king with unlimited
powers to wage war or make foreign
policy, but for a system of checks and
balances where only Congress is em-
powered to declare war, and where it
shares with the President a joint respon-
sibility for the formation of foreign
policy.
President Nixon, like previous Presi-
dents, does not resdly want the Senate's
advice, only its consent. The difference,
however, fs that the current President
no longer goes through the charade of
pretending to seek the advice of the
Senate.
Mr. President, if the President is con-
temptuous of Congress, it Is primarily
because Congress — by action and inac-
tion— has asked for such treatment.
Until Congress demonstrates that it has
the nerve to sissert its rights and assume
it responsibilities — In both foreign and
domestic policy — it will remain contemp-
tible in the President's eyes.
President Nixon's actions in Indochina
demonstrate his faith in power as a
means to an end. Congress has power
also, the power of the purse. Whether
it has the will to use that power to end
our involvement In the war is the ques-
tion. I hope that the Wng-suflering
American ipeople will be given an affirma-
tive answer if peace is not in hsmd by
Inauguration Day.
ViSrr BY THX PRESroBNT or THK UNrrED
States to the Senate
The Presiding OmcER. The Senate will
come to order. Subject to the previous order,
the Chair directs the Sergeant at Arms to
clear the Chamber of all staff personnel not
Immediately concerned with the business of
the Senate The Sergeant at Arms is directed
to carry out this order at this time.
Mr Btkd of West Virginia. Mr. President,
may we have order In the Senate?
The Presiding Officer. The Senate will
please be In order.
Mr. Btrd of West Virginia. Mr. President,
I ask unanimous consent that the Chair be
authorized to appoint a committee to escort
the President of the United States into the
Senate Chamber.
The Presiding Officer. Without objection,
It is so ordered The Chair appoints the Pres-
ident pro tempore (Mr. Russell), the ma-
jority leader (Mr. Mansfield), the minority
leader (Mr. Scott) , a committee to escort the
President of the United States Into the Sen-
ate Chamber.
Mr. Btrd of West Virginia. Mr. President,
I suggest the absence of a quorum.
The Presiding Officer. The clerk will call
the roll.
The bin clerk proceeded to call the roll.
Mr. Btrd of West Virginia. Mr. President.
I ask unanimous consent that the order for
the quorum call be rescinded.
The Presiding Officer. Without objection.
It Is so ordered.
(The President of the United States,
escorted by the Secretary of the Senate and
the Sergeant at Arms, and accompanied by
the committee appointed by the President
pro tempore, entered the Chamber.)
The Presiding Officer (Mr. Sazbe In the
chair) . The Senate Is pleased to welcome the
President of the United States, who will now
address the Senate.
[Applause, Senators rising.)
(At this point the President pro tempore
of the Senate assumed the chair.)
The President of the United States, from
the rostrum, addressed the Senate as follows:
The PREsroENT. Mr. President, and my c(ri-
leagues in the Senate, I can use that term
because I shared the opportunity of serving
in this body, and I sdways feel that I belong
here whenever I have the chance to return.
I do want to say on this occasion that this
is only the second opportunity I have had
to speak in this Chamber since I presided
over this body; and as you know, the Pre-
siding Officer has very little chance to speak.
He makes a few rulings, but not often does
he speak.
In speaking to you. I shall do so only
briefly, but I do fee. that at this time, with
the calendar year nearlng an end, it would
be well to refer to the relations between the
executive and the legislative branches of our
Government.
When this administration came Into office
on January 20. we had a problem with regard
to those relationships, which had really ex-
isted for nearly a hundred years, after an
election — the President a member of one
party, and laoth Houses controlled by mem-
bers of the other party.
Of course, the usual dire predictions were
made that, imder that situation, progress
would grind to a halt, and that whether it
was domestic or foreign policy, we would not
be able to give the Nation the kind of gov-
ernment that the Nation should be entitled
to under our system.
I think the predictions have proved to be
wrong. I do not mean to suggest, as I indi-
cated in. I thought, a temperate message to
Congress a few weeks ago. that there are not
some areas where the Executive would ap-
preciate more action on the part of the legis-
lative branch of the Government. But I do
say this : I look back over these months with
great appreciation for the fact that on some
of the great national issues and on the great
International Issues involving the security of
the Nation, we not only have had consulta-
tion, but we have had support.
I also want to recognize a fact of life — a
fact of life that I learned when I was In the
Senate and when I presided over it : Senators,
more so than Members of the House of Rep-
resentatives, are individuals. Senators have a
great pride and rightly so, in their right to
make up their own minds with regard to the
propositions that are sent to them by the
executive branch of the Oovemment. This is
true whether they are members of the Presi-
dent's party or not members of the Presi-
dent's party.
I find, looking back over this period of time,
that this administration has been subjected
to some sharp criticism by some Members
of this body, both from the Democratic side
and from the Republican side. I want the
Members of this body to know that I under-
stand it. I recognize this as being one of the
strengths of our system, rather than one of
Its weaknesses, and I know that. In the end,
out of this kind of criticism and debate will
come better policies and stronger policies
than would have been the case had we simply
January 11, 1973
CONGRESSIONAL RECORD — SEN ATE
803
lj4d an abject Senate — or House of Rep-
resentatives, for that matter — simply ap-
proving whatever ideas came from the execu-
Uve branch of the Government.
lUs does not mean that we do not feel
very strongly about our proposals when we
aend them here. It does mean that I, as a
former Member of this body, one who served
in It and who presided over It for 8 years,
recognize this great tradition of independ-
eaee^ and recognize it as one of the great
strengths of our Republic.
I would address a very brief remark to a
subject that I had an opportunity to dis-
cuss with the majority leader this morning
at breakfast and then with Members of the
leadership at lunch today.
In the next few months, a number of mat-
ters will be undertaken on the world scene,
some of which will require not only Senate
consultations, but also. If there Is agreement
among world powers. Including ourselves.
Senate advice and consent.
This administration wants to develop a
relationship In which we will have that con-
sultation, and in which we will have the
advice, not Just the consent. This Is not al-
ways easy, because, when such negotiations
take place — negotiations Involving, as is the
case in the strategic arms limitation talks
which will begin next week, the very future,
not only of this Nation but of all of the na-
tions In the world who depend on America's
power for their own security — we must rec-
ognize that it is vitally Important that the
position of our negotiators not be weakened
or compromised by discussions that might
publicly take place here — discussions that
could weaken or compromise us with those
representing the other side.
On the other hand, recognizing the role
of the Senate, recognizing the importance
of getting the best Ideas and the best think-
ing of the Members of this body on bottvsldes
of the aisle on these great matters, we are
attempting to set up a process — a process In
which we can consult. In which we can get
your advice, and, at the same time, not
weaken the position of our negotiators as
they attempt to meet the goals of this Na-
tion—the goal of limiting arms and the goal
of a Just and lasting peace.
Finally, on one other point: I am very
grateful for the fact that a number of Mem-
bers of the Senate — ^more than 60 — have In-
dicated by a letter to Ambassador Lodge their
support of a Just peace In Vietnam and their
support of some of the proposals I made In
my speech of November 3 on that subject.
I am grateful for that support; and. at the
same time, while being grateful for the sup-
port of more than half the Members of this
body, I also have respect for those who may
have disagreed with the program for peace
that I outlined.
I know that this war Is the most difficult
and most controversUl of any war In the Na-
tion's hUtory. But I know that whUe we
have our differences about what is the best
way to peace, there are no differences with
"'•epect to our goal. I think Americans want
a Just peace; they want a lasting peace. It is
to that goal that this administration is dedi-
cated and that I am dedicated.
I may say this In conclusion: That in the
next few months we hope that progress — we
know that progress— wUl be made toward
that goal. I am sure, as I stand here, that we
are going to reach the goal of a Just and last-
ing peace In Vietnam, one that wUl. I trust
promote rather than discourage the cause of
peii«e not only in Vietnam but In the Pacific
and In the whole world. As that happens I
want everyone In this great Chamber to know
^ when It hi^pens it wUl not be simply
because of what a President of the United
aiates may have been able to do In terms of
leadership: It wUl happen, and It wUl only
nave happened, because the Members of this
wwy and the Members ol the House of Rep-
resentatives, m the great tradition of the Na-
tion, when the security of America Is Involv-
ed, when the security of our young men is In-
volved, and when peace Is Involved, have
acted and have spoken not as Democrats or
Republicans but as Americans.
It Is In that spirit that I address you to-
day. It is In that spirit that I ask, not for
youir 100-percent support, which would not
be a healthy thing for me personally, for
this country, and certainly not for this body;
but I ask for your understanding and support
when you think we are right and for your
constructive criticism when you think we are
wrong.
I thank you very much.
[Applause, Senators rising.)
(At 2 o'clock and 48 minutes p.m. the Pres-
ident, accompanied by the Committee of Es-
cort, retired from the Chamber.)
INTERVIEW OF ROBERT MULLER,
PARAPLEGIC VIETNAM VETERAN
Mr. STEVENSON. Mr. President, on
December 14, Mr. Robert Muller was in-
terviewed on the "Today Show" by Joe
Grartigiola EUid Prank McGee. On Decem-
ber 21 excerpts from this interview were
printed in the Washington Post.
Mr. Muller is a disabled Vietnam vet-
eran, a paraplegic. In this interview he
tells of being upset, even angry, over Mr.
Nixon's vetoes of the Veterans Medical
Care Act and the Rehabilitation Act of
1972. What particularly bothers Mr.
Muller is Mr. Nixon's claims that these
programs would be "flscaUy irrespon-
sible." In Mr. Muller's own words:
But what bothers me Is to call it fiscally
irresponsible to spend that money after I
come from Vietnam, where m Vietnam as a
platoon commander with the Marines, as an
adviser with the ARVN. where it was pri-
marily my function to call in supporting
arms, to call In the air strikes, where on oc-
casions I would call literally hundreds of
thousands of dollars worth of supporting
arms fire dally, to kill people, and getting
shot doing It — to come back stateside and be-
ing told that: "I'm sorry, but It costs too
much to give you adequate medical care in a
VA hospital. " That to me speaks loudly and
clearly to the priorities In this countrj-.
The supreme irony, of course, is that
within a few days after Mr. Muller spoke
these words President Nixon began the
most remorseless bombing in history. In
just a few days the costs in terms of
planes and bombs was probably well over
$100 million. The cost in lives and pris-
oners and national dishonor was far
higher.
Now. to complete the circle, there is
word of Mr. Nixon's slashes in the health
budget he will present to Congress
shortly, and simultaneous word that the
Vietnam war in this fiscal year will cost
$1 to $2 billion more than previously
anticipated, or about $8 to $9 billion.
Mr. Muller would say that that speaks
too well to the priorities in this country.
But perhaps the phrase "distorted priori-
ties" is an overworked misnomer. The
Vietnam war should not be a priority —
it should not be in the budget — at all.
Then that $8 or $9 billion could cover
the entire health budget of the Federal
Government, including the Veterans
Medical Care Act and the Rehabilitation
Act.
I ask unanimous consent that the ex-
cerpts from Mr. Muller's Interview, as
they appeared in the Washington Post.
be printed in the Record.
There being no objection, the article
was ordered to be printed in the Record,
as follows :
Disabled GI: "Crvn, Rights for Us All"
Qaragiola. Three years ago near the South
Vietnamese city of Quang Trl, Robert Muller
was healthy and he was functioning as a first
lieutenant In the United States Marines.
Suddenly an enemy soldier popped up some
20 feet away, put a rifle bullet through Mul-
ler's chest, severing his spinal cord. And he
remained conscious for about 10 seconds,
which was long enough for him to accept
the fact that he was going to die; that he
was sure of. But several days later he woke
up alive on an American hospital ship. You
see, an AustraUan soldier had taken pains to
pick him up and put him aboard an evacua-
tion helicopter. And now Robert Muller is
home, and he's going to law school at Hof-
stra College in New York State. He's doing
this although he can't walk and he's con-
flned to his wheelchair.
Now, he's not bitter, not at all . . . but there
are some things that make him. well, angrj-.
a little bit upset. He told us about them, and
we invited him here to tell you how he feels
. . . And my first question Is that the first
thing you mentioned to me was your com-
plete disappointment that President Nixon
vetoed two bills to help disabled people
Muller. Right. That was the Veterans
Medical Care Act and Rehabilitation Act of
1972. And what bothered me so much was.
this WEis vetoed after Congress had ad-
journed, so there was no chance or oppor-
tunity for Congress to override the veto; and
all the work and effort put in, into develop-
ing these acts, will have to be done again
and theyll have to be reintroduced. And I
don't want to see them vetoed again. And
If it is vetoed, I want to see that veto over-
ridden, the reason being this: It was vetoed
on the grounds of fiscal irresponsibility, and
what we're talking about are bills that would
have Increased the quality and the quan-
tity of care in the VA hospitals throughout
the country. Were talking about rehabiUta-
tion programs on a national basis. We're
talking about funding In medical univer-
sities and schools, research funding for cata-
strophic Illness and disability. This takes
money. Money is needed. But what bothers
me Is to call it fiscally irresponsible to spend
that money after I come from Vietnam,
where In Vietnam as a platoon commander
with the Marines, as an adviser with the
ARVN, where it was primarily my function
to call In supporting arms, to call in the air
strikes, where on occasions I would call liter-
ally hundreds of thousands of dollars worth
of supporting arms fire daUy, to kUl people,
and getting shot doing it — to come back
stateside and being told that: "I'm sorry,
but It costs too much to give you adequate
medical care In a VA hospital." That to me
speaks loudly and clearly to the priorities
in this country.
They talk about civil rights In this coun-
tn' A lot of people think It Just relates to
one specific minority group That's what we're
talking about. We're talking about clvU
rights for all of us.
Frank McGee. Is your complaint that you
yourself have not been given adequate care
or treatment, or is it others, civilians, sol-
diers? What precisely?
Muller. Its a whole gamut. What affects
me affects others, and what affects others af-
fects me. When you have, for example, a
school system which does not allow physically
handicapped or disabled people to get Into
that system, that affects me. If you have
mass transportation systems which are ex-
clusive of people who have handicaps, that
affects me. When you're talking about VA
hospitals which are short on staff doctors,
nursing aides, that affects me. It affects me
and it affects others. You have it as a class
of people, the class of the handicapped, the
804
CONGRESSIONAL RECORD — SENATE
January 11/197$
class of the disabled; and you have It as the
Individual problems seeking medical care for
whatever Illness or disability you have.
Gakaoiola. You mentioned VA hoepltala
In passing there. Are you saying that they've
gone down since World War II?
Minxnt. Right. Very, very mucii since
World n. In the early 'SOe the VA hospitals
were the best hospitals we had In this coun-
try; there was no set ol hoepltala to match
them. We were the leaders in research, the
best care you could receive, the whole gamut.
And you can reason why perhaps over the
euphoria or victory of World War II, the
status that veterans had In that day where
guys would come home and you'd have a
much different reaction to that; regardless
of. you itnow. what people thought of the
war, the veterans stood tall. Today you don't
have that Identity with veterans of Vietnam,
the ugliness of the whole thing, has cast Its
shadow on the veterans, regardless of whether
they were forced there or they went there,
they did their job. They come back: there's
not that sensitivity, there's not that caring.
How else could a President veto legislation
such as that appropriating funds for the
VA hoepltals the week before the election?
This Is what I'm talking about.
The hospitals have gone down. The staff
13 at the lowest level It's ever been. The pa-
tient load Is at the highest level it's ever
been. You've got Vietnam era veterans com-
ing in. You've got your geriatrics cases and
your old-age cases from World War n com-
ing In. You have guys left from World War I.
You've got guys In the hospital who never
left from World War 11. from the Korean
War. The load is growing and growing But
the sensitivities — it's not there anymore;
that's changed.
McGra. What did the VA do for you per-
sonally?
MtnxEK I got to thank the VA, because
they let me know, like that! when I came
back that If I wanted anything In life, any-
thing, it was up to me because they weren't
going to help me. I say that because when I
came back I asked to have braces, because
I wanted to try and ambulate, to walk, and
the doctor said, "No, forget It. You have too
high a level of Injury." ^
I said . . . don't cast me In a generaliza-
tion, don't throw me In a group with other
people. I am an Individual. Because I have
& disability which is shared with others does
not mean I lose my individuality. I want to
walk."
And it was another doctor, who was a
paraplegic himself, that came Into the hos-
pital as a consulant — I met him. he found
out the problem, and he said, "Get that man
braces." I got my braces. And I spent a year
and I am ambulated. And what It did for me,
psychic, what-have-you, was fantastic. I
could do it; in a desperate situation, I could
do it.
The other thing they did to me was — aside
from the physical Eispect, was the mental
aspect. I spent a year there with a psychol-
ogist, and I had a running battle for a year;
and It's Indicative of the overall thinking.
YOU might say, which people have quite often
with disabled. She spent a year trying to tell
me what I should do Is go in a corner and cry
because — seriously — because I had suffered a
tangible loss In having three quarters of my
body paralyzed. And . . .
Oaraciola. Upstairs — we talked before —
you told me about the 10 seconds when you
were shot, and you thought you were going
to die, that was it; and then why you
wouldn't cry at the end when you found
out — you tell the story.
MtnxKB. Right. That's It. She said, "You
had lost," you know, and that I had to cry.
But the thing was, I couldn't convince her
That when I got hit — okay? and I was con-
scious— I realized that I was dying. And I
came to within a minute of dying; the doc-
tor said a nUnute later I never would have
made it. And when my eyes shut, I said, "I'm
dead. " To wake up on that hospital ship —
I had seven tubes In me, I was a paraplegic —
to wake up was so beautiful and overwhelm-
ing that all that was secondary. And it's
not what I lost that mattered to me; It's
what I had. I had life. I had my head. You
know? I had it together. That — that's It.
man, you know? And that's why I learned
from the VA, right away, if I want something
I've got to prove It. You know? It's the thing
that I've got to prove myself. You know.
They think that because you are disabled,
you flt the Image of the Easter Seals kid:
some pathetic object of pity that's used for
fund-raising or charity. I don't want charity;
I don't want pity. I want to learn what you
might call the right to fail. I want the op-
portunity to be like everybody else, reinte-
grated into society in every way. shape, and
form, one who can work, one who can And
housing, one who can find education, the
whole gamut. And when I say "me" that
means me and all other disabled people.
McGee. Can you teU me In a word how
many there are?
MuLLEE. In a word, no — because I wouldn't
know how to define "disabled."
McGee. They are In the millions, though?
MtTLLER. Oh, definitely.
PRISON REFORM
DEPARTURE OF GEORGE HARTZOG
FROM FEDERAL SERVICE
Mr. MOSS. Mr. President, I join with
the Senator from Nevada (Mr. Bible>
in expressing outrage at the President's
peremptory dismissal of George Hartzog
as Director of the National Park Service.
It came like a clap of thunder to those
of us who worked closely with George.
Here was a man who is obviously gifted,
obviously dedicated, and was obviously
doing a superb job. It would seem that
he has been preparing all of his life for
exactly the position which he held. He
brought years of expertise to it. He was
at the zenith of his physical vigor and
his powers of judgment.
Had it been possible to make the case
that George Hartzog was not doing as
fine a job in administering our national
park system under the Nixon adminis-
tration as he had done under previous
administrations, it might have been eas-
ier to understand his sudden removal.
But I have worked closely with George
ever since his appointment as Director,
and I say without hesitation that he was
more effective, more knowledgeable, and
more productive during the past 4 years
than at any other time in his career.
He was one of the best qualified and most
admired men in Federal service, and
national publications have so recognized
him.
To fire George Hartzog as Director of
the National Park Service, and replace
him with a man of lesser capabilities and
almost no experience in the field, is in-
defensible, and it is shocking. It csumot
help sending chills of apprehension down
the spines of many other fine men and
women who have chosen to give the best
of themselves and their knowledge in a
Government career.
There will be other places where
George Hartzog can use his talents, of
course — many other places. We will hear
from him again. But I regret that it will
not be in the position for which he is so
admirably qualified, and in which he has
won such high respect from all of us.
Mr. STEVENSON. Mr. President, the
November issue of the TWA Ambassador
features an informative article by Win-
ston Moore, the executive director of the
Cook County Department of Corrections
which oversees the Cook County Jail and
House of Corrections. The article is en-
titled. "A Human Approach to Prison
Reform."
Mr. Moore points out that there h&s
been a notable absence of relevant dia-
logue within the profession regarding the
possible enactment of long-term reha-
bilitative programs for correctional in-
stitutions. He believes that discussion
has been limited to examining easy
methods of dealing with troublesome In-
mates and to drawing up plans for mass
construction of "Community -based" in-
stitutions. He does not fault this move-
ment per se, but he notes that:
The designers seem preoccupied with build-
ing new human storage warehouses with-
out regard to programs and administration.
He concludes that this exemplifies a
gross lack of concern for the human
factor in corrections, which in turn is
largely responsible for the sorry state In
which corrections finds itself.
Mr. Moore then makes two suggestions
as to what can constitute a human ap-
proach to prison reform. In the first
place he notes that although prison sen-
tences have in general been becoming
shorter, prison rehabilitation programs
are too often geared toward the long-
termer, to the neglect of the short-
termer. Mr. Moore contends that reha-
bilitative work must begin "the minute
the inmate arrives." Mr. Moore then
points to programs for short-termers in
Cook County, particularly the Pace pro-
gram. I myself have had a chance to see
this program in operation and to note its
effectiveness.
Mr. Moore's second point concerns the
caliber of jail and prison staff. He notes
approvingly the move to increase the
salaries of corrections workers, but he
contends that raising salaries by itself
will not accomplish the upgrading of
jail and prison staffs. Complementary
actions would be needed, and Mr. Moore
believes that:
The key to meaningful reforms Is the de-
velopment of testing methods capable of
weeding out those unfit for correctional staffs,
whUe preventing the hiring of new mlaflts.
I trust that reading this article will
provide enlightenment for us all in this
most dlflBcult area of prison reform. I
ask unanimous consent that it be printed
in the Record.
There being no objection, the article
was ordered to be printed in the Record,
as follows:
A Human Appeoach to Peison Rrroui
(By Winston E. Moore)
The rising crime rate in the United States
will never be solved until we Improve our
penal systems, which presently are charac-
terized by t\irmoU. brutality, neglect, racism
and Indifference to human stifferlng.
The reasoning is simple and often stated:
The prisons and Jails of the nation are but
prep schools, basic training for a life of
crime.
As bewildered correctional administrators
desperately look for easy solutions to save
January 11, 1973
CONGRESSIONAL RECORD — SEN ATE
805
tuelr Institutions from the nightmare of In-
nate riots, many turn to the kldglove ap-
proach of appeasement programs, destined
U) keep the Ud on the correctional pressure
cooker without any true rehabilitative value.
On the other extreme, punitive Jailers be-
lieve that putting "the fear of God" into in-
niates is a sure way of keeping prison riots
and disorders In check.
ftor Instance, some prison officials, despite
last year's Attica tragedy, have returned to
hard line defense procedures by making It
mandatory for aU guards to carry three -foot
riot batons, better known among guards as
"nigger sticks " Of course, neither of the
two extreme approaches to corrections is
effective m dealing with the crisis In the
natkm's prisons.
The fate of corrections rests squarely on
the shoulders of correctional administrators
and on the municipal, state and federal
courts that oversee correctional Institutions,
procedures. They must work In accord to
bring about needed change.
There is a notable absence of relevant dia-
logue within the profession regarding the
possible enactment of long-term rehabili-
tative programs for correctional Institutions.
Discussion has been limited largely to ex-
amining "easy methods" of dealing with the
troublesome Inmates, and to drawing up
plans for mass construction of small "com-
munity-based" institutions — to be buUt In
"Inner-cltles" (meaning black ghettos) for
the purpose of ridding white administra-
tors of allegedly incorrigible militant black
and Spanish -speaking Inmates. The think-
ing behind the construction of such "com-
munity-based" facilities Is that black and
Latin Inmates are "different" from white
Inmates and thus require different, more
specialized handling than U possible in
large. Integrated institutions.
A professional preoccupation with "com-
munity-based" facilities' physical plants has
resulted in a neglect of procedures for se-
lection of Intelligent, experienced and con-
cerned administrators. The designers seem
preoccupied with buUdlng new human stor-
age warehouses without regard to programs
and administration.
This gross lack of concern for the human
factor in corrections on the part of plan-
ners in largely responsible for the sorry state
In which corrections finds Itself.
The solution for corrections' dilemma cer-
tainly does not lie in "instant programs" or
in costly and racially discriminatory redis-
tribution of Jail and prison populations. We
need a new, tightly knit, professional orga-
nization made up solely of progressive dedi-
cated and committed beads of Jails and pris-
ons. Such an orgEoilzatlon should, as Its ma-
jor task, draft and Implement long-range
master plans for the uniform servicing of
all inmates in the United States. Uniform
standards of procedure are needed in educa-
tion, vocational training, recreation, archi-
tectural designs of institutions and for medi-
cal, psychological and psychiatric care.
Prison sentences are becoming shorter and
shorter. Judges are increasingly reluctant to
hand down long-term sentences except In
cases Involving the most heinous of crimes.
£ven In such cases, parole boards have not
hesitated to send the criminal back Into so-
ciety after only a minimum time Is served.
This means correctional Institutions do not
have a great deal of time in which to do their
rehabUltatlve work.
I contend that rehabUltatlve work — I.e., an
Intensive effort to change the criminal be-
havior of the Inmate — must begin the min-
ute the inmate arrives.
Unfortunately, most correctional efforts
currently are only directed toward the long-
term prisoner who Is vastly outnumbered by
his short-term counterpart.
Consequently, the bulk of our Jail and
prison Inmates are condemned to a period of
Idleness and boredom. They often become
either the victims or perpetrators of Inmate
crimes and, as a result, become more alien-
ated— not only from the law. but especially
from the correctional system that keeps them
confined. When their time has been served,
they arc turned loose on society as Individ-
uals whose attitudes in general are hostile
and bitter. Such alienation invariably leads
to new criminal Involvement, frequently more
intense and more vicious than the original
crime.
Are rehabilitative efforts directed at short-
term inmates a waste of time? We have dra-
matic evidence to the contrary.
The PACE ( Programmed Activities for Cor-
rectional Education) Institute method pres-
ently constitutes my department's basic edu-
cation and vocational training program.
Through it, we demonstrate at Cook County
that we can work effectively with inmates,
whether they are sentenced to six days, six
weeks, six months or six years. We don't need
to have a man for 10 years to rehabilitate
him.
PACE began as a pilot program In 1970 for
a small number of our sentenced population.
It now offers General Equivalency Diplomas
(GED) for completion of elementary and sec-
ondary study, and certificates of hourly ac-
complishment in vocational training. Last
June, we began to expand PACE for 100 per
cent participation of all our sentenced in-
mates.
Prior to the program, the recidivist (re-
turnee) rate of our sentenced Inmates was
nearly 70 per cent. Now the recidivist rate of
those Inmates enrolled in PACE courses Is
less than 15 per cent.
Yet. in the final analysis, even the finest
program depends for its success on the caliber
of the Jail and prison staff.
The surest route to failure Is the present
haphazard recruitment of correctional per-
sonnel, characterized by a seemingly uncanny
knack for selecting the Inept, emotionally
unstable, unintelligent, brutal and racist.
Too many persons are hired who have a
conscious or unconscious need to control
other people, or who have a |>ersonal ax to
grind. These people are Incapable of distin-
guishing between an Individual's offense and
the Individual himself. In other words, they
see only murders, rapists and armed rob-
bers, not human beings needing alternate
avenues away from crime.
The key to meaningful reforms is the de-
velopment of testing methods capable of
weeding out those unfit for correctional
staffs, while preventing the hiring of new
misfits.
I sharply disagree with those who contend
that the upgrading of Jail and prison staffs
can be accomplished simply by Increasing
salaries. Although an uncompromising ad-
vocate of adequate pay for prison and Jail
staffs. I also am acutely aware of the massive
failure of higher salaries in bringing about an
improvement in our police forces. Most po-
lice salaries have nearly doubled since 1960,
but the quality of our cities' "finest" has
remained alarmingly low — and In some cases
It has even decreased.
We end up paying "our men In blue" more
for doing a worse Job.
I take particular Issue with those Indi-
viduals who are encouraging the Indiscrim-
inate appropriations of federal grants In the
name of correctional reforms. We have Just
witnessed the spectacular failure of OflBce of
Economic Opportunity funds to come to
grips with the problem of poverty, and I pre-
dict a similar failure of federal grants in
corrections If we refuse to learn from expe-
rience.
Lest we create another vast and wasteful
bureaucratic apparatus In corrections, we
must devise stringent guidelines to assure
that federal funds will be applied to the im-
provement of prison conditions and prison
programs rather than being squandered on
bureaucrats. If we fall, taxpayer money at
best will wind up In the hands of well-
meaning. Inept do-gooders or, at worst. In
the pockets of slick, high-salaried adminis-
trators whose only interest In corrections Is
their monthly paycheck.
E:ither way, we will have come no closer to-
ward dealing with the crisis in corrections,
but dangerously near the point when our
Jails and prisons wUl become the breeding
places for anarchy — not only within the
prison walls but In society at large.
LEONOR SULLIVAN
Mr, EAGLETON. Mr. I»resident. hav-
ing served 20 years in the House of
Representatives, Congresswwnan Leo-
NOR StJLLiVAN, of St. Louls, Is now the
most senior woman serving in Congress.
The first woman ever elected to Con-
gress by the voters of Missouri, she has
given Missourians ample reason to be
proud of their choice.
Mrs. Sullivan is perhaps most widely
recognized for her work in the area
of consxfflier protection, particularly
through her position as chairwoman of
the Consumer Subcommittee of the
Committee on Banking and Currency.
She has long championed stricter cos-
metics regulation, a goal which I share,
and made a significant mark in the
fight for truth-in-lending laws.
Recently, the St. Louis Post-Dispatch
carried a story about Mrs. Sullh'an's
work in Congress and her plans for the
House Merchant Marine and F^heries
Committee, of which she is now chair-
woman. I believe that the article will
be of interest to Senators. I ask unan-
imous consent that It be printed In
the Record.
There being no objection, the article
was ordered to be printed in the Record,
as follows :
(From the St. Louis Post-Dispatch, Nov. 16,
19721
Leonor SiTLLrvAN: Top Woman in Congress
(By Patricia Rice)
Representative Leonor K. Sullivan (Dem.),
St. Louis, will become Capitol HUl's senior
stateswoman In January — succeeding Sena-
tor Margaret Chase Smith (Rep). Maine,
who was defeated for re-election this month.
But even before the election. Representa-
tive Sullivan was in line to be the first
woman to chair a major congressional com-
mittee since 1954.
Last winter, the chairman of the House
Merchant Marine and Fisheries Committee.
Representative Edward A. Garmatz (Dem),
Maryland, announced he would not seek re-
election this fall. Representative Sullivan
ranks next in seniority among Democratic
members of the committee. Her position is
expected to be routinely approved by the
House Ways and Means Committee and the
House Democratic Party Caucus shortly af-
ter Congress convenes next January.
"When I was appointed to the committee
I said. "What am I, 2000 miles Inland, doing
on the Merchant Marine committee?' she
said recently. "I said that I was going to
make St. Louis a major port.
"But, whenever I talked about getting off
of it (the committee) the former Speaker
(of the House. John W. McCormack) told
me to stay on. 'Youll be committee chair-
man one day Leonor.' he told me."
She is the third woman to serve as a
congressional committee chairman. The
other women who have been elected to Con-
gress have not remained in office long
enough to gain seniority in a committee.
However, Mrs. Sullivan would not change
the seniority system. She worries that if
committee chairmen are elected by the
other congressmen, they would barter their
806
CONGRESSIONAL RECORD — SENATE
January li, 1973
votes on bills to obtain votes for themselves
for the powerful posts.
Mrs. Sullivan has been In Congress nearly
20 years. She Is an energetic, handsome 70
years' old. Her porcelain skin Is so smooth
that a clever cosmetic firm could use her
face to launch a "70 Is Beautiful" cam-
paign— If she had not spent so much tUne
getting Congress to question the makeup
of cosmetics. 4
Instead she will be launching ships. The
first policy she wants to review Is that of
the waning Merchant Marine.
"Only 5 per cent of our export shipments
are sailing under U.S. flagships." she said.
"The rest have foreign registry, althougflf
many are owned by United States citizens."
Taxes and labor costs are two of the rea-
sons for this. All seamen on U.S. flagships
must be American citizens.
"We are losing more and more ships. I
hope I can bring In the Department of Com-
merce and operators of ships and represen-
tatives of seamen to dlsctiss the future of
the Merchant Marine."
She said they would discuss the needs of
the country for emergency troop and freight
transportation and the role airplanes play
In this. The Federal Government subsidizes
the building of ships that meet Department
of Defense specifications for emergency use.
More ships In the Merchant Marine will pre-
vent the country from having to put In
mothballs certain passenger liners that are
potential transports.
"I recently fought to save the SS. United
Spates from being sold abroad. It can caxry
14.000 troops. We had it laid up In mothballs"
Mrs. Sullivan said
Nevertheless, a stronger Merchant Marine
ready for military use would not reduce the
need or expense of the Navy.
Aside from the Merchant Marine, the
Jurisdiction of Mrs Sullivan's committee
will cover the Coast Guard. Panama Canal
operations and the Bureau of Sport Fisheries
and WUdlUe.
The first thing she Intends to do In the
post is to ask all the employes In the com-
nilttee's 30-person ofRce to turn In standing
resignations.
"I'm going to do Just what the President
did." she said. "The committee (office) needs
reorganization."
Mrs. Sullivan will retain her post as a
chairman of the consumer affairs subcom-
mittee under the House Banking and Cur-
rency Committee She called for the forma-
tion of this subcommittee a decade ago. be-
fore the word "consumer" was conunor.ly
used.
"I'm going to flght to keep that position.
I may be challenged. There are some com-
mittee members who would like to get the
position so they could kill it."
It has been Mrs, Sullivan's work on this
committee, rather than on the Merchant
Marine and Fisheries Comml:tee. that has
won her national recognition. She has ad-
vocated consumer needs for everything from
pan:yhose to truth in lending. The Con-
sumer Federation of America gave her Its dis-
tinguished service award last summer, and
Ralph Nader's report on congressmen called
her an energetic and effective advocate of
consumer rights. •
Mrs. Sullivan said that her new role as the
woman with the most seniority In Congress
"doesn't mean a darn thing, except that If
we (women In Congress) are going to do
anything as a group. I'm going to have to
start It."
She Is planning a luncheon to honor the
14 new women elected to Congress this
month. When Mrs Sullivan first went to
Congress, In 1953. there were 11 women In
office — one Senator and 10 Representatives.
After her husband Representative John
B Sum. an. died in January of 1951. she
sought his seat But the Democratic party
regulars selected Harry Schendel. Some
friends urged her to run In the special elec-
tion as an Independent but she refused, and
Claude L. Bakewell, the Republican candi-
date, won.
She did not give up, however. During her
husband's second term, she had worked as
administrative assistant and she said she
offered more than the same famlli&r name
on the ballot. In 1952, she ran In the Demo-
cratic primary, won and then beat Bake-
well In the general election.
She Is pessimistic about a woman's cau-
cus In Congress.
"When I first went to Congress I was very
naive." she said. "I thought there were
many Issues so special to women that they
would cross party lines."
But It never worked, she said. The other
women would not support her on Issues such
as the Food Stamp program, which she had
believed women could easily supf>ort. Spe-
cial women's or black caucuses tend to con-
fuse things, she said, and now she believes
in neither.
Women In Congress told her they were not
interested In so-called women's Issues, she
said. They wanted to be known as congress-
men first, not as women. Mrs, Sullivan em-
phasized her views by calling herself a con-
gress woman.
She was the first woman to do so.
"However, women In Congress (In the past
few years) have gotten togther on fighting
for equal work and for removing job dis-
crimination," she said,
Mrs. Sullivan said that all the women In
the House except her worked for the passage
of the Equal Rights Amendment last winter.
She explained that she was opposed to the
amendment because she worried It would
hurt family life In America.
"I do not think that wives and mothers
should have equal responsibility with men
to support their families," she said. "We
in Missouri have good laws that protect
women, and good inheritance laws.
"I don't object to the effect the amend-
ment would have on divorce laws; wealthy
women may have to pay alimony," she said.
Feminists have said that women have
to pay too heavily with other rights to re-
tain the privileges Mrs. Sullivan belioves
they should keep.
Mrs. Sullivan was surprised that she re-
ceived only 20 letters last winter about the
Equal Rights Amendment.
"I don't think women have taken any kini
of a real interest In this. I tell them whether
they are for or against the amendment, they
should not let men decide their futures."
She wishes more women would bring
evidence of Job discrimination to court.
"I know there are many women in St.
Louis who are discriminated against and are
not receiving equal pay, even business and
professional women." she said.
After a post -election vacation, Mrs. Sulli-
van expects to detail her new plans.
And, that comment of hers about making
St. Louis a major port — well, she Is working
on that too.
Her Interest In the Merchant Marine and
Fisheries Committee has led her to study
the lash ships. These ocean-going vessels are
hauling small river barges. A barge filled with
freight In St. Louis can be towed to New
Orleans, put on a lash ship and then deliv-
ered to the mouth of another river. There
It can be towed up river to an Inland port
The freight never would be handled from
St. Louis to the foreign river port.
"St. Louis Is the largest city on the Mis-
sissippi River. We should have a port au-
thority and more warehouses and take ad-
vantage of this." she said forcefully.
"If we don't. Memphis cr. watch, Illinois
will. St. Louis was founded because of Its
location,"
She Is convinced that a port authority
would attract exporters and other related
businesses to St, Louis and has been working
"quietly" with state legislators who would
have the power to create the authority.
Leonor Sullivan may be the first states-
woman of the land. She may launch a thou-
sand ships. But she's got her feet firmly
planted In the Mississippi mud.
BROADCASTERS AND FREEDOM OP
THE PRESS
Mr. CHURCH. Mr. President, on Tues-
day, January 9, the Washington Poet
carried a lengthy article about challenges
that have been mounted against the
broadcast licenses of two television sta-
tions in Florida controlled by the Post
It Is highly instructive that of the four
applications to take over the licenses of
WJXT-TV in Jacksonville and WPLO-
TV In Miami, several of the principals
involved in the challenges are connected
with President Nixon and his recent re-
election campaign.
The chilling aspect of this case is the
thought — no matter how much denied—
that certain of these challenges may
amount to a continuation of the Nixon
administration's vendetta against the
Washington Post. The administration
has already seen fit to bar the Post from
coverage of White House social events.
Even more important are the long-
range ramifications of these cases, should
the challenges succeed, for they raise the
specter of the executive branch chal-
lenging by proxy the licenses of any sta-
tion that dares to offend it. If it hap-
pens to these stations, it can happen to
any station.
I ask imanimous consent that the
Post article be printed at this point in
the Record.
There being no objection, the article
was ordered to be printed in the Record,
as follows:
Challenges to Two Post TV Stations S'ra
Reverbe&ations
(By Jules Wltcover)
By closing time on Jan. 2 at the Federal
Communications Commission, four chal-
lenges to two television channel license re-
newals had met the appointed deadline. To-
gether, they soon provoked reverberations
throughout the nation's political, TV and
news communities.
Three of the applications sought to take
over ownership of WJXT-TV, Channel 4 in
Jacksonville, Fla., and the fourth challenged
WPLG-TV, Channel 10 In Miami. Both sta-
tions are owned by the Post-Newsweek Sta-
tions. Florida, Inc., a subsidiary of The Wash-
ington Post Company.
The question raised In political and news
media circles about the four challenges
was simple enough :
Were they symptoms of a political ven-
detta against a newspaper corporation that
was In disfavor with the Nixon administra-
tion?
The question was prompted by several
considerations.
First, In the past four years only 11 other
takeover challenges had been flled with the
FCC against any of the 701 licensed commer-
cial TV stations In the United States. (Many
other protests against the rellcenslng of
stations have been flled In that period.)
Second, the only TV channels in Florida
subjected to chaUenges this year were the
two owned by the Post-Newsweek Stations;
the other 34 commercial channels In the
state were unchallenged.
Third, the Florida challengers Included
several indlvldtials who had achieved polit-
ical prominence, mostly with some ties to the
Nixon administration.
One of the principals In JacksonvlUe wa»
George Champion, Jr., Florida finance chalr-
Januarij 11, 1973
CONGRESSIONAL RECORD — SEN ATE
nian in the 1972 re-election campaign of
President Nixon.
Heading another Jacksonville group was
Pitzhugh K. Powell, northeastern Florida
coordinator for the 1972 presidential cam-
^n of Gov. George C. Wallace of Alabama.
In the Miami challenge, the principals In-
cluded CromweU A. Anderson and Michael
Weitraub, law partners of former Sen.
George Smathers (D-Fla.). Smathers, a
friend of Presidents Kennedy and Johnson,
was the man who Introduced then Sen.
Richard M. Nlxon to C. G. (Bebe) Rebozo of
Key Biscayne, who became Mr. Nlxon s
closest personal friend.
Another In the Miami challenge was Ed-
ward N. Claughton Jr., who had lent his
Coral Gables home to Vice President Agnew
during the 1972 Republican National Con-
vention.
The challenges emerged against a back-
ercund of conflict between The Post and
the Nlxon administration. The Post, for sev-
eral years, had been a specific target of Vice
President Agnew.
White House press secretary Ronald L
and Johnson in Washington. "It was a normal
referral," Sedam said.
Subsequently.. Sedam said, Herbert E, For-
rest of his old firm asked him to go to Jack-
sonville "to meet the group" and he did, but
there were no political Implications In the
trip. «
"Anyone there could tell you the lawyers
emphasized this kind of thing Is done on
pleadings with the FCC and tried that way,"
Sedam said. "There was nothing political
about It and It was emphasized there could
be no conversations with senators or con-
gressmen or ex parte conversations with the
FCC "
The meeting in question took place on the
night after Christmas in the American Suite
of the Robert Meyer Hotel. Out of the pri-
vate meeting several days later came not one
but two formal applications challenging
WJXT-TV, one by Powell's group and another
by Champion and two associates. Edward W.
Ball, trustee of estate of Alfred I. DuPont, and
Raymond K. Mason, president of the Charter
Corporation.
According to a participant In the meeting
807
CC~tEe
White House press actrci.ivijr ivvjinnv* u. rn^i,ij»v^iii6 "" - f— ' "
7(wipr on several occasions had denounced who insisted on anonymity, Sedam and the
i,iegici '^"- ,,T„»_. „»i !„„„„,„ rfi/< (nHooH QtrpfK that, there
The Post for Its reporting of the Water-
gate political espionage affair. And just a
few days ago one of The Post's reporters,
Dorothy McCardle, had been barred from
covering several White House social events.
In early 1970, on the heels of an Agnew
speech that took The Post to task for Its
ownership of radio and television stations,
a challenge was flled to the Post-Newsweek
station in Miami. The challenging group In-
cluded Anderson and W. Sloan McCrea, an
old business partner of Rebozo. The applica-
tion later was withdrawn, with the Post-
Newsweek Stations agreeing to pay the chal-
lengers $67,000 In legal fees.
The questions of possible administration
Involvement raised by the four Florida chal-
lenges brought quick denials from the chal-
lenging applicants. To Inquiries from wire-
service reporters and later in Interviews with
The Post, representatives of all four chal-
lenging groups stated categorically that there
was no connection between their applica-
tions and the White House, and no direction
of any kind from the Nlxon administration.
Zlegler, at the White House, made a similar
denial.
Champion, the Nlxon fund-raiser In Flor-
ida, said. "I would never tell him (the Pres-
ident) that we are making an application.
My friendship would never enter Into It."
Claughton, who lent his home to Agnew,
told The Post he had met the Vice Presi-
dent only once before, when he served as
volunteer crew on a yacht on which a sur-
prise birthday party was held for Agnew
In 1969.
His home was selected for Agnew from a
pool of homes volunteered by Miami-area
Republicans, he said. His only contact with
Agnew during the convention was on the
tennis court, at which time nothing about
television was discussed, Claughton said, and
he has not seen or talked to the Vice-Presi-
dent since.
The speculation of Nlxon administration
Involvement was fanned, however, with dis-
closure In Miami last Friday that Glenn J.
Sedam Jr.. general counsel of the Commit-
tee for the Re-election of the President and
currently deputy general counsel of the 1973
President Inaugural Committee, was In
Jacksonville Dec. 26 Instructing Powell,
Champion and other local businessmen on
how to go about challenging the WJXT-TV
federal license renewal.
Sedam has told The Post he had been
contacted by Powell at the suggestion of a
mutual friend, to Inquire whether he, as a
private lawyer, would be Interested In rep
other lawyers did indeed stress that there
could be no political Implications or the ap-
plication "would be automatically ruled out."
"Sedam and the others kept saying It can't
be anything political." this participant told
The Post, "and yet you're sitting there and
here was a guy with that kind of reputation,
as an Important administration man. It was
a political deal to begin with. There was no
question In my mind it was."
Sedam, advised by The Post of this com-
ment, replied: "That's silly. If you talk to
any number of the people who were there.
I'm sure they would tell you quite the op-
posite Impression was attempted to be given.
I suppose anybody can read anything they
want into anything. I wish my presence did
have that Impact, but It doesn't."
Though the Jacksonville case Involves three
separate challenge applications, there Is evi-
dence the original Intent was to have only
one, representing all elements of the essen-
tially conservative community opposed to
WJXT-TV, which has won a wide reputation
as an aggressive, politically liberal news
operation.
Powell, In an attempt to build a flnanclally
solid applicant group, contacted Champion.
Ball and Mason before th€lDec. 26 meeting.
and also held a Dec. 22 meeting with other
prospective partners to lay the groundwork
for the application.
According to one of those present at the
Dec. 26 meeting, an open split developed be-
tween Powell and the Champlon-Ball-Mason
group over how stock In the new enterprise
would be divided, and over the legal fee to
be paid to Steptoe and Johnson.
Ball, this source said, at one point charged
that Powell had misled him about the stock
division and Ball erupted when advised by
Powell that the Washington law firm's fee
for carrying the case to the Supreme Court
if necessary would be $250,000.
Ball, along with Champion and Mason,
finally walked out of the meeting and sev-
eral days later they submitted their own ap-
plication for the Channel 4 franchise under
the name Florida Television Broadcasting Co.
The Powell group is called Trans Florida
Television Inc.
The third group. St. Johns Broadcasting
Co., consists of Edward L. Baker, a Jackson-
vUle banker and real estate man, Wlnthrop
Bancroft, an Investment banker, and George
D. Auchter III. a contractor Baker said his
group Is unrelated to the other two.
The law flrm representing this group.
In the four applications to the FCC. the
challengers make one common argument
against the Post-Newsweek stations — that
local ownership would better serve the com-
munity
B"' there Is evidence that the editorial
policy of the two stations and their records
as aggressive Investigators of local govern-
mental and business Irregularities. In Jack-
sonville particularly, are at the core of the
challenges.
Prior to submission of his group's applica-
tion, Powell filed a petition with the FCC to
deny WJXT's three-year rellcenslng. charg-
ing the station "consistently and flagrantly,
for the past three or more years has edi-
torialized and slanted Its news coverage."
The station. It said, "has deliberately
broadcast and editorialized upon seiisitive
social questions that are prone to cause strife
and turmoil In the community (and 111
deliberately and with Intended malice as-
saults the personal character and reputation
of various persons in the community. . . ."
WJXT Is the television station whose re-
porter in 1970 first uncovered the 1948 segre-
gationist speech of G. Harrold Carswell that
proved to be a major factor In his rejection
by the Senate as a NUon appointee to the
Supreme Court.
In 1966, the station's Investigation of local
government corruption led to the indictment
of 10 city and county officials on charges of
grand larceny and bribery. More recently. Its
series on Inadequate railroad crossing signals
led to adoption of a state law requiring such
signals at all crossings in Florida.
Ball, who controls the Florida East Coast
RaUway. the St. Joseph Paper Co. and other
banking and land Interests, has been a par-
ticular foe of the JacksonvlUe channel.
The station has carried special reports on
a fence that has been buUt across the Wa-
kulla River on BaUs estate near Tallahassee,
which conservationists have argued bars
public access to a navigable river In violation
of the law.
Although the argument of out-of-state
ownership is stressed by aU the challengers,
no chaUenge was raised against Channel 17
in JacksonvlUe, and ABC affiliate owned by
the Rustcraft Broadcasting Co. of New York.
Nor was there a chaUenge against Chan-
nel 4 m Miami, a CBS affiliate owned by
Wometco Enterprises Inc.. with national
headquarters In Miami but a group owner
with other stations outside Florida.
The Post-Newsweek station In Miami also
has a record of Investigative reporting and
recently waged an editorial battle with Sen.
Edward J. Gumey (R-Fla) over consumer
protection legislation. It backed Gov, Reubln
Askew's campaign for a corporate Income tax.
highly unpopular with Florida businessmen,
and more recently has called on Miami area
congressmen to vote to stop the bombing of
North Vietnam.
Anderson, part of the group that withdrew
its ChaUenge In 1970, says that action was
taken after an FCC policy statement saying
that existing license-holders would be re-
newed If they would demonstrate they sub-
stantlallv met the needs of the community.
That statement since has been successfully
challenged in the U.S. Court of Appeals and
withdravra. Anderson told The Post, and a
comparative hearing on abUlty to serve the
community now Is required, giving his new
group hope it can succeed In getting the
license.
Thomas Fltzpatrick. head of the FCC hear-
ing division, confirmed that such a hearing
now is required. But he noted that the appel-
late court decision also said "superior per-
formance" of a licensee should be considered
a plus of major significance " in considering
Welch and Morgan of Washington, also Is re
private lawj-er, would be Interested In rep- „_«^ntuj„ the Anderson group In Miami, a challenge to Its rellcenslng
resenting his group In applying for the FCC ^ j^^j li^.j^^ Broadcasting Co. Both Baker In the only case since that 1971 court
license. ^ . v. ,^ ond Anderson said there Is no relationship decision, concerning a chaUenge to a Moline.
Because he did not know what he would ^^^ Anaerson saiu mere u> iiu jci»wuuo ^ „^„,,„„ tv,«pv(-/^in Auinust 1071 awarded
be doing after the Inaugural, Sedam said, he between the JacksonvUle and Miami appUca- Bl.. stat on, the FCC ^ A^^^lJ^l' "'^^
referred Powell to his old law flrm, Steptoe tlons. t^e station another three years and cited Ite
8)8
e: titlement to preference on basis of Its
pi M performance.
Robert W. Schellenberg. vice president and
general manager of WJXT. and James T.
L; "nagh, manager of WPLQ. both have ex-
piessed confidence that the performances of
tt elr stations would persuade the PCC to
re new their licenses.
But Fltzpatiick and other PCC staff officials
n(ited that the FCC has not yet completed
formal rule-making on what constitutes "su-
perior performance." Hence the outcome of
latest challenges must await the hear-
at which the Incumbents and the cbal-
make their cases.
Lynagb, in a statement to the Associated
expressed the concern that was being
not only by the Post-Newsweek Stations.
by TV license-holders throughout the
cduntry. ■
"Based upon information as to the opera-
tions of many other stations available to us,"
said, "it is difficult to conceive how our
(ense could not be renewed without at the
time placing in serious Jeopardy the
lliense of virtually every other TV station in
ti: is country."
tl' ese
lri?s
le igers :
Lyn
P)ess.
feit
but
tte
I
CONGRESSIONAL RECORD — SENATE
January 11, 1973
THE BOMBING: VIEW OF THE
STAR-NEWS
Mr. CHURCH. Mr. President, in a'
liitle-noted editorial of December 30,
li 72, tile Washington Star-News called
f c r a final end to the American bombing
oil North Vietnam.
The case is persuasive, as set out by
tHis newspaper. It is a message that de-
strves wider circulation, and I recom-
n^end It to the Senate.
The editorial asks.
[f we do not stop now. when will we stop?
The official answer, of course, is that we
w 11 stop when the North Vietnamese accept
wliat we regard as a proper settlement, and
tt B optimists believe such an acceptance
w! U come soon. Just a few more days of
pmishment and Hanoi's will must Anally
bi eak. The North Vietnamese have been
flf hting for about 25 years now. Stirely three
or four more days will be all they can take.
But what If they do not give in? What If
oi ce again, the^ stubborn people unaccount-
atly hold out? A week passes — two weeks.
Will It be easier for us to stop then than
It is today? Three weeks — four weeks? May
It not become ever harder to ground the
pi ines with nothing to show for the destruc-
tion we have wrought?
The editorial speaks with the voice
good, old fashioned, commonsense —
it same commonsense which has been
scarce in high places during all the
we have been mired down in a
. country in the backwaters of Asia.
I hope — I pray— that this administra-
listens to the kind of reason so wise-
outlined by the Star-News and that
bombing will be stopped permanent-
ol
tl-at
so
ye ars
tLiy
I
tion
Iv
tt
ly
I ask unanimous consent that the edi-
torial be printed in the Record.
There being no objection, the editorial
w IS ordered to be printed in the Record,
a^ follows:
The Last Chance
It Is good that the American twmblng of
N< rth Vietnam apparently will be halted in
ce ebratlon of New Year's Day. It would be
if. In celebration of the whole new
and of mankind's future, the bombing
I not resumed.
Snough is enough. For God's sake, let us
lave done with it.
rhe decision to resume these air attacks
afier the Kissinger talks broke down — at-
better
ye ir
w( re
tacks on an unprecedentedly massive scale
and, despite the denials, against civilian
targets — was dubious at best. Whatever the
rationale, whatever the "message" we have
been trying to convey, the mission must by
now have been accomplished.
To stop the Indiscriminate killing for a few
hours now and then (In honor, say, of the
birth of Christ or the completion of another
swing by this planet around the sun) some-
how doesn't quite do the trick. Indeed, such
toying with the problem progressively afflicts
the conscience. It makes it harder to forget
what we are doing when there does not hap-
pen to be a holiday.
If we do not stop now, when will we stop?
The official answer, of course, is that we will
stop when the North Vietnamese accept what
we regard as a proper settlement, and the
optimists believe such an acceptance will
come soon. Just a few more days of punish-
ment and Hanoi's will must finally break.
The North Vietnamese have been fighting
for about 25 years now. Surely three or foxir
more days wUl be all they can take.
But what if they do not give in? What if
once again, these stubborn people unac-
countably hold out? A week passes — two
weeks. Will it be easier for us to stop then
than it is today? Three weeks — four weeks.
May it not become even harder to swallow
• our pride and call back the planes with noth-
ing to show for the new destruction we
have wrought?
If, In short, we cannot bring ourselves to
extend this happy New Tear pause, are we
perhaps finally where we all said we would
never be: Hooked Irrevocably on a commit-
ment to bomb North Vietnam to extinction?
Is that an acceptable solution to our dllem-
•ma? Can we — can the world — live with it?
Let us stop the bombing this New Year's
Day. Let us keep It stopped. It may be the
last chance.
ROBERTO CLEMENTE
Mr. STEVENSON. Mr. President, I
wish to add mv personal condolences to
the family of Roberto Clemente and to
express the sense of loss we all feel over
the untimely death of this compassion-
ate man who helped raise all of our
spirits.
Roberto Clemente died while on a mis-
sion of mercy to the victims of the earth-
quake in Managua. Nicaragua. He was
showing yet again that he was more than
an exciting baseball player, although he
certainly was that. He excelled In his
specialty, baseball — he was one of the few
men ever to have 3,000 hits in his major
league career, and very few outfielders
could throw baserunners out like Rob-
erto. But he excelled in another specialty,
compassion for his fellow man — he com-
bined the rare qualities of warmth and
understanding with a unique ability to
lift our hearts and to help his fellow
man. He had reason to be far less hum-
ble than he was.
We shall all miss Roberto Clemente.
and we should all learn from his exam-
ples of excellence and compassion. So
that those friends of Roberto Clemente
who do not share this tongue can under-
stand, I ask unanimous consent that a
translation into Spanish be printed In
the Record.
There being no objection, the transla-
tion was ordered to be printed in the
Record, as follows:
Tkakslation
Senor Presldente. Quisiera anadlr mi con-
dolencla personal a la famllia de Roberto
Clemente y tamblen expresar el sentldo de
perder que tenemeoe todos a consecuencla
del muerto prematuro de este hombre com-
paslvo que siempre nos ayudo anlmarnos.
Roberto Clemente murio ciiando estaba
viajando en una "mision de merced" a favor
de las victlmas del terremoto de Managua,
Nicaragua. Estaba manlfestando otra vez que
estuvo no solo Jugador de belsbol excitante,
aunque sin dudo fue excitante. Sobresallo
en su especlalidad, belsbol — fue uno de los
pocos hombres que mas de trea mil tiempos
durante su carrera tuvo exlto golpeando el
belsbol. y no hay muchoe Jugadores fuera del
cuadro que puede exclulr a los corredores
como pudo Roberto. Pero sobresallo en ima
otra especlalidad — compasion para sus seme-
Jantes. Se combino las calldades raras de
vlveza e entendimiento y de ayudar a sus
semejantes. Tuvo razon tener muy menos
humllidad que tuvo.
Echaremoe de menos a Roberto Clemente,
y debemos aprender todoe de sus ejemplos
de excelencta y compasion.
WE HAVE NEVER HAD IT SO GOOD
Mr. CHILES. Mr. President, we hear
much these days — too much, I am
afraid — about what is wrong with our
Nation and our society. The truth is, I
think, we have never had it so good, and
I hope we will concentrate more on the
positive as we approach our Nation's
200th birthday in 1976. A comparison is
offered by an interesting historical piece
written by Mr. Albin Dearing of Fort
Lauderdale, Fla., and published in
Smithsonian magazine. I ask imanimous
consent that it be printed in the Record.
There being no objection, the article
was ordered to be printed in the Record,
as follows:
Retxten to the Bad Old Dats op the 1870's?
No Thanks
(By Albin Dearing)
In the planning stage now is the Bicenten-
nial, the 200th anniversary of our indepen-
dence. The President urges us to scrutinize
ourselves at this time, to establish our land
as a showplace for foreign visitors. Had such
self-examination taken place a hundred years
ago when we were preparing for our Centen-
nial of 1876. we might well have questioned
whether the country was worth the cele-
bration.
We think of Victorian America as orderly,
blissful, innocent and uncomplicated. De-
termined to recapture its antique charm, we
uproot the television, disconnect the radio,
tear out the telephones and stop the news
magazines. Away with the present! It's back
to bustles and bicycles, celluloid collars and
Currier & Ives prints, a hand pump In the
sink and a swing on the porch. Thus sur-
rounded with elements of that better life;
of yesteryear, can we not again attain it?
Better to forget it.
Violence in the streets? But . . . the United
States of the 1870s had a crime rate perhaps
twice that of today. There was rioting among
the Irish In New York, the blacks in Savan-
nah, the Chinese In San Francisco, the po-
litical clubs in Pittsburgh and the coal
miners in Scranton. Indians scalped the
wagon-master of a government mule train
in the Colorado Territory. Corruption in high
places? Well . . . New Yorkers were discover-
ing that Boss Tweed had mulcted them of
millions. Legislators were being sought and
sold by powerful capitalists. Graft reached
Into the White House itself.
About a sixth of the population was for-
eign bom. largely unasslmilated and incom-
prehensible. Thousands of children, aged
eight, were recruited to the ten-hour work
day of factories, mines and sweatshops.
January 11, 1973
CONGRESSIONAL RECORD — SENATE
809
Traffic hc^elessly clogged city streets by
day. toughs roamed them by night. Prostitu-
tion plagued urban centers and venereal
disease raged.
Pneumonia and tuberculosis ravaged the
population In winter, malaria and typhoid
In summer, diphtheria, scarlet fever and
sometimes cholera and smallpox in all sea-
sons. Public health, like Inside plumbing and
sanitation, concerned only a few.
Gangs of Ku Klux Klansmen whipped,
tortured or murdered hundreds of blacks.
The U.S. Navy shelled the coast of Korea,
with which were were at peace. And our most
violent enemy, firg, all but obliterated Chi-
cago in 1871, gutted Boston in 1872 and sent
1.100 barrels of whiskey up in smoke In
Nashville.
This was a time when a million Americans
were trekking westward — many to fall vic-
tim to Indians, desperadoes and the fraudu-
lent schemes of their fellows. These scoun-
drels left the Ten Commandments on the
east bank of the Missouri to rely on boozing
magistrates for law west of the Pecos. It
was a time when women could not practice
law in most states or Mormons serve on fed-
eral grand juries in Utah. Spiritualism, with
95 congregations and thousands of adherents,
was a thriving religion. Such towering
tycoons as Conunodore Vanderbllt and J. P.
Morgan kept pet mediums to give them fi-
nancial tips. The propriety of Bible reading
In the public schools was questioned, folks
complained at the high cost of funerals while
staging great religious revivals that lasted all
day and far into the night and left waves of
arrests for drunkenness in the cities and a
precipitous increase in Illegitimacy at the
crossroads.
As the nation approached Its first h\m-
dredth birthday, some daring women were
wearing men's clothing. Newspapers carried
stories of women footracing through Cen-
tral Park in practically no clothing at all.
dancing the can-can in the New Jersey surf,
getting married on velocipedes, playing foot-
ball on stilts, capturing criminals, smoking
cigarettes seated In their windows at swank
Saratoga, hitting bears with axes or each
other with bare fists in the prize ring, and
riding behind their men on bicycles "though
it creates invalids as well as fallen women."
Two women in Philadelphia sold their hair
for a rail ticket, and at least once two others
auctioned off a man.
At the University of Michigan, women de-
manded and won admission to men's classes.
In Brooklyn, they invaded railroad smoking
compartments. In Virginia City, Nevada, the
town belles organized an oplima smoking
club. Everywhere girls affected a hairdo that
cascaded over their eyes. Inevitably, it was
called "the lunatic fringe." And everywhere
they wore shiny pie i>ans stuck in their wide
belts. In Jockey silks, Miss Julia Bishop won
at MannsviUe, New York, while in Manhattan
Miss Mary Marshall and Miss Bertha von
Hlllem ran a six-day mlnlskirted marathon.
At Omro. Wisconsin, a young lady with ob-
vious talents for Judo neatly tossed a male
Into a snowbank for molesting her while
skating.
Young men went clean-shaven In con-
temptuous disdain for their elders' hilarious
muttonchop whiskers, straggly handlebar
moustaches, imperial goatees and shoulder-
length hair.
Not that the clean-shaven young men of
1872 had no idiosyncrasies. When not racing
about on bicycles to the dismay of horses, or
B*sslng their reproving elders with "Aw,
mind your bustle!" they were showing an
early predilection for strong drink. Police in
New York arrested a 13-year-old for heaving
a brick through a saloon window because the
bartender refused to serve him.
There Is no reason to think that the young
and their elders of that day were closer than
those of today. In that aftermath of the
Civil War, America's youth was asking ques-
CXIX 52— Part 1
tions and not getting satisfactory answers.
The elders' concern for morality focused fox
awhile on youth's preference for the "story
p>ai>ers" and the half -dime novels then so pro-
lific, filled with tales of crime, love, horror
and adventure. Anthony Comstock, founder
of the New York Society for the Suppression
of Vice, shrieked that "These stories breed
vulgarity, profanity, loose ideas of life, im-
purity of thought and deed. They render the
Imagination unclean, destroy domestic peace
and make foul-mouthed bullies, cheats, vaga-
bonds, thieves, desperadoes, libertines. They
disparage honest toll and make real life a
drudge and burden."
Comstock may have found vicarious enjoy-
ment in accompanying police or brothel
raids, but he plucked a true chord with that
last phrase. Life was indeed a drudge and a
burden and fast becoming intolerably so as
craftsmanship gave way before demands for
mass production — simple actions endlessly
repeated. Given half a day free each week,
what escape was there for automatons of the
factory and seamstresses of the sweatshop
on starvation wages? In the decade of the
18706, alcohol probably made converts faster
than at any other period In otir history. As
did opium.
TESTESOAT'S drug CUIiTTTRE
Today's "drug culture" had Its counterpart
In the America of 1872, only then it was more
widespread in respect to areas and age
groups. In 1872, Florida, New Mexico, Texas,
Vermont, New Hampshire all grew popples
for our thriving opium production, though
we Imported a sizable tonnage of it.
Laudanum, tincture of opium, was the fare
of our "opium eaters" and was sold in drug-
stores and many grocery stores as well. Few
Conestoga wagons had gone west without
their casks of laudanum for use as a pain-
killer for sufferers from rheumatism, for
Insomnia and for anesthesia.
In England opium had provided dream
worlds for Coleridge, De Qulncey. Crabbe,
Keats, Wllkie CoUli^ and Francis Thompson.
Alethea Hayter tells us that In the textile
districts of Lancashire "the counters of the
druggists were strewn with pills of one, two
or three grains in preparation for the known
demand of the evening. There was not a vil-
lage in the region but could show at least
one shop and its counter loaded with lau-
danum vials, even to the hundreds, for the
accommodation of customers retiring from
the workshops on Saturday nights."
In America, commerce In opium had
formed the base of more than one great fam-
ily fortune. It was given to babies when they
cried in Mrs. Winslow's Soothing Syrup and
to suffering stdults In Dr. Olcott's Pain Annl-
hllator or Radway's Ready Relief. Lydla
Plnkham's famed Vegetable Compound re-
lieved millions of "female aliments" r>artly
because, as was found many years later, the
good lady's herbs contained small amounts
of then-unknown estrogens. But a good
meastire of relief came from the fact that the
mlxttire was 21 percent alcohol.
Some of the most famous catarrh remedies
depended on cocaine; stomach bitters favored
rum or brandy. The widely sold tonic Peruna
had about the same kick as a Manhattan
cocktail, and a watchful Bureau of Indian
Affairs learned to prohibit its sale on Indian
reservations. During subsequent investiga-
tions. Mark Sullivan estimated that Amer-
icans had been drinking more alcohol in pat-
ent medicines than In all licensed beer, liquor
and wine sold in the country.
The enormity of America's drug addiction,
all so innocent, awakened no public outcry
and but little medical interest. Not untU 1881
was the Import of opium from China pro-
hibited, though the bulk of our manufac-
tured products came not from China but
from England and Germany. Few 19th-
century Americans had not tasted opium In
some form; some middle-class and many
working-class children died from It.
To criticize the medical world for Its Igno-
rance would be unfair. Many a man during
the ClvU War and after had a gangrenous arm
or leg chopped off with no more than a stiff
doee of whiskey. In the surgeon's endless
quest for anesthesia, morphine, codeine,
heroin were blessings. If addiction fiowed
from the physician's kit it was because he
believed that "opium diminished the deter-
mination of blood to the Inflamed parts."
Lingering in the pharmacopoeia were ancient
alchemles. In the late 19th century, one drug-
gist's compound began, "Take tenpenny
weight of wax from the ear of a dog. . . ."
America's malaise of the 1870's disturbed
its sociologists and men of medicine alike. Dr.
George Beard's American Nervousness, Its
Causes and Consequences, published In 188f ,
reflects the concern of thinking men that
neuroses were the result of an Industrial
civilization, and were specifically induced by
such factors as steam power, the periodical
press, the telegraph, the sciences and "the
mental activity of women."
For all their antics, ever-questing Amer-
ican youth showed disposition toward a so-
cietal isolation. Intellectual in scope, tribal
in appearance and rites. They rallied around
Transcendentalism which New Englanders
were refining from Kant. Flchte and Hegel,
Just as today's young people take on the be-
liefs and robes of the street Buddhists. Yet
most had normal tendencies: One Octavlua
B. Frothingham saw dread consequences In
the young peoples' method of dancing. "Over
excitement Is produced from the commin-
gling of sexes in warm rooms where the mind
is unbalanced by the wild delirium of the
waltz.''
In 1872 life was pretty much touch and go
for the city dweller. That nation of 40 mil-
lion had nothing approximating today's 50,-
000 annual highway fatalities, but its other
disasters were proportionately greater. Fire
was the great killer, since so many struc-
tures were of wood. Perils of the sea were
real and familiar, for shlpe had no devices
to warn of approaching storms. The land
travelers' lot was no better. Almost every day
brought word of trains stranded In snow-
banks, head-on crashes, death at the cross-
ing and derailments. No one hopped on a
train for any distance without a bit of ter-
ror. High speed along badly ballasted rails
killed many in the 1870s. A rear-end colli-
sion Just outside Boston took 29 lives, in-
cluding that of the minister of the Arlington
Street Church. In 1872. a bridge collapsed
near Prospect Station. Pennsylvania, and 25
died. A few years later, near Ashtabula. Ohio,
another wobbly bridge — plus a snowstorm
and high winds — sent a train plunging to
glory with 80 killed, 60 injured.
As for traflHc problems, the headache of
our own age, let James Buel describe a New
York visitor's emotions In the 1870s; "If he
should desire to cross the street a thousand
misgivings will assail him, for although he
sees scores of men and women constantly
passing through the moving lines of vehicles
... a stranger will suffer the pressure of a
hurrying and Jostling crowd on the sidewalk
for an hour before plucking up sufficient res-
olution to attempt a crossing."
Manners? But . . . that was the United
States where Americans had Just completed
the organized slaughter of fellow Americans
in our costliest war. Could the half-million
immigrants dvmaped Into America in 1872 be
expected to Improve the demeanor of that
society?
There was another side of the coin. As we
see today among our youth, the 1870s ex-
perienced a return to religion. No flashback
would be complete without a look at Dwight
Moody. America has seen many evangelists
come and go. But in that turbulent Amer-
ica of a hundred years ago. huge crowds In
New York, Boston, Philadelphia and Balti-
more came to hear an unlmpassioned, un-
dramatlc, unstyllstic but never uninspired,
lay preacher, a former Chicago shoe sales-
810
Gxl.
WIS
ei lotions.
hi'
1
ir ent
Moody
h s
ol
al
je Domed
Sucl
y<ars
n inclng
tun.
p< ace
CONGRESSIONAL RECORD — SENATE
January 11, 1973
roMi. taUc of Jesus Christ. What Dwight
Mx)dy s&ld carried no threat of hellflre and
diJimatlon, no shrill condemnation of this
ccmipt and doomed civilization. "I don't
int to scare men Into the Kingdom of
he said.
If among his hearers there were regular
ciurch-golng Christians, Moody might po-
uiely Invite them to stay away. If he should
that through the power of his biblical
Interpretation some among his hearers were
bdlng swayed. Moody might stop dead. That
Ira Sankey's cue to play the organ and
e forth with song. Moody distrusted mass
He was no spellbinder: at times
did not even speak clearly.
Newspapers could only express bewilder-
over the popular excitement that
aroused. A man of little education,
sermons have been called "a collection
rather dull anecdotes and trite theologl-
obeervations." Tet In a single Sunday, the
w York Herald reported that 15,000 people
his opening meeting In Flatbush,
Such then was this America of a hundred
ago when Congress met to discuss fl*
the Centennial. Wounds of war,
siltured. healing, at times were maliciously
n bbed with salt. The "bloody shirt" was
ived anew In the elections of 1872, the
N )rth reminding of the horror of Anderson-
1 lie. Southerners chafing under Reconstruc-
In that year Boston staged a monster
Jubilee, then saw Its city fathers off
a train to Philadelphia to Inspect plans
the celebration. Like New Jersey, Boston
tlien threw her Influence behUnd the Idea.
Pennsylvania and the City of Philadelphia
t up a million and a half dollars. Now
was another million and a half from
Cfjngress.
In that day the federal government stuck
closely to the business of governing, In-
the whole federal budget was but 9278
nlillion. Obviously a centennial celebration
p esentcd an opfjortunlty to close ranks
Nprth and South In shoring up the people's
In what the entire nation had accom-
Ished since 1776. Nevertheless, members of
House of Representatives, while fully In
with the sentiment, were not unanl-
In agreement that a centennial exposl-
n was the best means of serving it.
Congressman Benjamin Willis of New York
olested the cost — "While we are celebrating
birth of the Republic let us take care
we contribute to its burial" — and com-
p alned about the growing complexity of gov-
e nment In terms that seem familiar today;
X6 functions have been Indefinitely mul-
tiplied. It has built railroads; become par-
e It, teacher, master, banker; and now it
p "eposes to go Into the show business. , . ."
Be preferred, he said, to "bequeath to our
posterity The privilege of celebrating the con-
tinued existence of the Republic in 1776."
At length the argfument was resolved by
\fllllam Phillips of Kansas: "The nation that
his spent four millions a day in war can
a lord a million and a half once every hun-
d red years to render civil wars Impossible."
Among so msuay similarities between today's
t oubled times and those of a century ago,
psrhaps this ideal for a Centennial can also
bs repeated.
fcr
pi
n leded
n ore
d ted
pflde
P
tie
aicord
ffOUS
tlo
P
tie
l<st
TtHE BOMBING OF NORTH VIETNAM
Mr. HART. Mr. President, during
iJecember, when the White House
o -dered U.S. aircraft to drop hundreds of
t; lousands of tons of bombs on the North
\ietnamese cities of Hanoi and Hai-
p long, many of my constituents wrote
ti • me not only to express their horror ^at
tie destruction of human life in what
h IS been estimated as the heaviest bomb-
ii ig of this or any war, but also to protest
t: le refusal of the administration to dis-
ose information about its actions.
And on December 29, a delegation of
clergy and lay people met in my ofiBce to
urge congressional action to cut off funds
for the war.
While members of the delegation rep-
resented various professions, religious
faiths and points of view, they spoke with
a single voice on two issues. They were
united in their grief over the Vietnamese
and American casualties which the
bombing raids caused. And they were
united in their urgent request that the
representatives of the American people
in Congress exercise their constitutional
responsibility for committing — or not
committing — this Nation to war.
Mr. President, I do not believe that my
constituents' demands are invalidated by
the hope — however welcome — that the
peace for which the world so painfully
waits is, again, at hand.
Nor should we be deterred in our efforts
to control this country's warmaking
power by those who would charge that
to challenge the President is to under-
mine the American peace effort.
Even those who may want to continue
the struggle which has exacted such
bitter sacrifice of life and health from
oior American fighting men should ques-
tion what result could possibly justify
those 12 days of bombing which intensi-
fied and redoubled the tragedy.
Each of us must weigh any apparent
advantage gained during that siepe
against the costs of human lives lost and
of diminished respect for our system of
government resulting from an apparent
abuse of power.
Surely Congress must act to prevent
a recurrence of the moral and legal crises
which the President's action has pre-
cipitated.
HOUSING PROGRAMS
Mr. STEVENSON. Mr. President, our
Federal housing programs have had their
problems, and I have not been hesitant
to criticize them in the past. Many of
these problems have been severe, and it
is quite possible that substantial changes
will have to be made in our present hous-
ing laws. In particular, housing programs
must be made to benefit the consimier
and the taxpaying public, sis well as pri-
vate interest groups with a financial
stake in housing. But I cannot support
the President's recent action. Unilateral
cancellation by the Executive of pro-
grams designed to benefit citizens of
low and moderate income, without any
provision for their replacement, most
hurts those who can least afiford it. It
also flouts the will of Congress which in
1949, and again in 1968, affirmed the
right of every American to an adequate
home in a suitable living environment.
Last week I joined Senator Sparkman.
chairman of the Banking, Housing and
Urban Affairs Committee, in urging
President Nixon to defer any action on
cancellation of these programs until
Congress had an opportunity to reassess
our entire national housing policy dur-
ing hearings which will begin in March.
Now those hearings, and the Improved
programs which could result from them,
take on an even greater sense of urgency
as Congress and coimtry face the pos-
sibility of a year and a half without any
commitment to important national
housing needs.
A January 10 editorial in the Christian
Science Monitor substantially reflects
my views on this matter. I ask unani-
mous consent that it be printed in the
RECORi).
There being no objection, the editorial
was ordered to be printed in the Record,
as follows:
Housing Reform, Not Relapse
The hedging, cutting back and stocktaking
to which we refer above are already evident
in several areas of federal social Intervention,
and most recently in housing. Secretary
George Romneys announcement Monday
that his Department of Housing and Urban
Development has halted all new commit-
ments to subsidize low and middle-income
housing construction came as a shock to
many in Congress, as well as to the resi-
dential construction and financing institu-
tions.
Inevitably, there were instant protests —
some of legitimate concern over cutbacks in
an area of critical need, others of chiefly
political origin. We fully share the concern
voiced by conscientious congressmen that
federal government efforts to stimulate
housing construction, based on massive legis-
lation passed In the ■60's, not be arbitrarily
undercut before the bousing construction
market Is able to produce good housing at
prices affordable to all income levels.
It is true that the massive federal subsidy
programs have stimulated a housing boom.
But that boom has mainly benefited the
housing industry. The programs which bring
housing to the poor and moderate Income
groups have been rife with corruption and
scandal. The federal government has been
bilked of hundreds of millions of dollars. In
Detroit 20,000 houses have been abandoned
as unllvable by the poor families who bought
them, and handed back to the Federal Hous-
ing Administration In default.
Housing for minorities, which Mr. Romney
tried to promote, has run into massive op-
position In the suburbs and Itick of support
from the White House. Multiple housing
built under Section 236 of the 1968 act has
proved to be an enormous pork barrel, with
building and financing interests earning
usurious profits on minimum capital Invest-
ments via government-paid Interest rates and
tax shelters.
These scatidals prompted Secretary Rom-
ney earlier to advocate abandoning all fed-
eral housing support programs, turning them
over to the states, stimulating more private
Involvement on a profit basis, and giving
housing allowances directly to needy families.
Now the administration has decided to halt
new commitments for low- and middle-In-
come housing construction, to put a hold on
applications for other programs such as water
and sewer grants, and by J\Uy 1 to embargo
urban renewal and Model Cities programs.
Given the failure of existing programs to
this date. Just going along the same potholed
road Is not the answer. But neither Is it an
answer simply to Jam on the brakes What is
needed Is genuine reform. Both the oppor-
tunity and the desire for such reform exist In
Congress, which killed an omnibus housing
bill last fall that would have simply con-
tinued the old programs as they were. The
Joint Economic Committee has held lenpthy
hearings, and committee chairman. Sen. Wil-
liam Proxmlre. has taken up the cudgels on
the part of housing reform.
Secretary Ronmey has stressed that there
Is enouRh money In the plpjellne for HUD
to continue subsldl?lng housing starts at an
annual rate of 250.000 units for the next 18
months. Meanwhile, Congress Is faced with
the task of rewriting new housing legislation.
Given honest cooperation on the part of both
the administration and the Congress, there
January 11, 1973
CONGRESSIONAL RECORD — SEN ATE
811
)a no reason why new legislation cannot be
written in such a way as to prevent the
scandalous misuse of taxpayer funds that has
occurred in the past three of four years.
ORDER FOR TRANSACTION OF
ROUTINE MORNING BUSINESS
TOMORROW
Mr. HUGHES. Mr. President, I ask
unanimous consent that when the Sen-
ate convenes tomorrow, immediately fol-
lowing the recognition of the two leaders
under the standing order or following the
recognition of Senators under any 15-
minute orders that may be entered to-
day, there be a period for the transaction
of routine morning business, for not to
exceed 30 minutes, with statements
therein limited to 3 minutes.
The PRESIDING OFFICER. Without
objection, it is so ordered.
THE MANAGUA DISASTER: A
REPORT
Mr. JAVITS. Mr. President, I have
received an excellent, informative, first-
hand report of the natural cataclysm
that has so tragically and destructively
struck Managua, Nicaragua, on the eve
of the Christmas holiday, and I want to
bring it to the attention of the Senate.
The report, "The Managua Earthquake,"
is written by Dr, Kevin M. Cahill, direc-
tor of the Tropical Disease Center of
New York City and who is well known to
Nicaragua and its President, General
Anastasio Somoza, as well as to me per-
sonally.
In my judgment. Dr. Cahill has briefly
but accurately described the horrendous
dimensions of the Managua earthquake.
which is without parallel in the Western
Hemisphere. In addition, he has por-
trayed the commendable "power" and
efficiency of the United States' relief ef-
fort there to help a stricken capital city.
However, and perhaps most signiflcant
and useful are Dr. Cahill's proposals and
guidelines for the handling of such nat-
ural calamities.
I commend Dr. Cahill's excellent re-
port to all Senators and ask unanimous
consent that it be printed in the Record.
There being no objection, the report
was ordered to be printed in the Record.
as follows :
The NiCARAGtTAN EIarthquake
(By Kevin M. Cahill, M.D.)
In the middle of Managua several days af-
ter the major quake had struck on Decem-
ber 23rd, 1972, I stood with an old American
Army sergeant who, looking at the total de-
struction of the city, the fiames and smoke
bellowing from still-collapsing structures,
the rending noise of walls giving way and
the constant sound of the sirens, with the
acrid odor of dead and burning flesh hang-
ing heavy— this old, tired, dirty, career sol-
dier said two things— "God, but It feels good
to be an American soldier" and "Even Dresden
and Berlin in '45 weren't as bad as this".
In a sense, those are two of the themes of this
report.
Shortly after the earthquake struck Ma-
n«gua, Nicaragua, on December 23rd. 1972,
*lth a maximal reading of 6.7 on the Rlchter
Scale, I was called by the Ambassador of
Nicaragua to the United Nations who re-
quested that I assist In medical planning.
Having worked In epidemic situations In
Africa and Asia, having been associated with
I
Nicaragua by caring for some of the lead-
ing citizens of that country, as well as hav-
ing their highest governmental award. It
was to some degree natural that the Am-
bassador might call. However, there were
almost no facts available at that time re-
garding the extent of the damage or the
needs, and useful planning in such a vacu-
um, was virtually impossible.
Although contact was established by ham
radio shortly after the quake, conflicting
and often contradictory reports came; the
only unquestioned fact was that this was a
disaster in a Capital City without parallel
In the Western Hemisphere.
When I flew Into Nicaragua two days later,
initial cable and military communications
had been established and preliminary plans
for a fruitful evaluation trip had been made.
Because of my identification with the con-
cept that medicine provides one of the best
vehicles for Interijatlonal diplomacy — and
the subsequent translation of this Idea Into
The International Health Agency Act In
the U.S. Congress (HR 10023 and "S3023)— I
was also requested by various Senators and
Congressmen to provide a report for them.
Fortunately, my previous medical care for
the family of General Anastasio Somoza,
Chief of tha Army and President of the Na-
tional Board of Emergency of Nicaragua,
permitted me to have immediate and direct
access to all the major individuals, sectors
and forces struggling In the chaos of Ma-
nagua.
During my stay in Managua, I was able to
use the home of General Somoza as my base
during the day, and shared his family's
sleeping tent at night. Since his compound
was the command post for all aspects of the
relief program I was able to meet at length
with all the major Nlcaraguan authorities
involved, the American Ambassador, the
American Military Commander, the United
Nations Representative, and those from many
other foreign countries and voluntary agen-
cies that were responding to the earthquake.
Available translators and transportation —
two critical areas that, if not satisfied, had
paralyzed innumerable others who had come
to the chaos of Managua — were amply pro-
vided.
DESCRIPTION OF THE EASTHQUAKE
Throughout my time In Managua persist-
ent small earth tremors were experienced,
and I vividly recall one sharp quake that
shook the building In which I was at the
time, causing further cracking of the road-
way in front and collapse of the wall.
A series of preliminary tremors shook Ma-
nagua starting about 10 o'clock at night on
December 22nd and culminating in several
major tremors between 12:30 and 4:30 A.M.
on the morning of December 23rd. Those who
experienced the full Intensity of the tremors
in the center of Managua are not alive to
describe that occurrence, for the majority
of the buildings Instantaneously collapsed.
However, one did not have to search far any-
where In Managua to find those with tales of
miraculous survival coupled with great trag-
edy. One American businessman kept repeat-
ing to me over and over "I do not have words
to tell you how terrible and horrible was that
period — everything was flying through the
air, my children, my wife, my furniture, the
very walls of my house". The buildings were
literally lifted off the ground, shifted, and
came back with a thud, collapsing the plaster,
wood, cement and packed mud that made up
the foundation of so many of the conunon
houses. Fires, breaking out throughout town,
provided the only light since all electricity
was Instantly knocked out. Water mains burst
and flooding from the surrounding lakes oc-
curred In low-lying areas. Mantigua Is set In
a frame of volcanic hills, and landslides
burled many. The roads were crosshatched
with the crevices of a flssured earth and were
covered with the rubble of collapsing build-
ings, live electric wires, dead and Injured
people.
An American physician who arrived in
Managua with the Initial American Army re-
lief team within twelve hours of the quake
told me of the stunned population sitting
by the roadside "as if they were waiting for
a parade"; they stayed there surrounded
by the paltry remanents of their material
possessions — the broken table and the
cracked crockery and the soiled bedding — till
the government came with trucks to move
them to the outskirts.
Even several days later the emotional
paralysis of the stunned citizenry was strik-
ing; I recall a family sitting on the front
lawn of their destroyed home In the midst
of a block of burning buildings while they
guarded their damaged furniture, including
all the Christmas decorations that were
about to be used when the quake struck.
In fact, throughout Managua the eye was
caught by the striking contrast of Christmas
themes and devastation. In the back of Gen-
eral Somoza's home waa a Ufe-slze Christmas
Crib scene and the only flgure missing was
the Baby Jesus whose porcelain form had
fallen from the shelf and cracked beyond
repair. As one of the tallest buildings in
Managua burn out of control one could see
a line of multi-colored Christmas lights
dangling from the upper floors, with the Star
of Hc^e, framed in billowing smoke, as the
main street burned to the ground.
The red glow of Managua dying Is a scene
I shall never forget. As one rested, dog-tired
and dirty at the end of the day, on a hlllsidt*
outside the city, one could look over and sp«
the Capitol in flames with the tallest buil('-
ing, the fifteen-story Bank of America
ablaze on its top five floors at one extrem"
with a fiery haze spreading over the ten ml"»
crescent of the city that had sprawled aroun«
the Lake of Managua. There were no e)<^ •
trie lights glimmering on far off hills to di*
tract attention from the scene of cataclysr»
that, despite the cliche, looked like the i' •
ferno in Dore's print. The scene was mar>«»
even more memorable by the pungert
st«nch of burning and decaying flesh of t>><>
dead burled In collapsed buildings.
There Is no accurate estimate of the num-
ber that died in the quake, and since the cltv
is now In rubble It will be Impossible to ever
determine the exact toll. The understandable
confusion and chaos, following the earth-
quake, the need for mass burials of those
bodies that could be found and the subse-
quent mass evacuation of the city make all
mortality flgures merely estimates. Between
seven and fifteen thousand died, and the
range given for the number of wounded wsis
twenty to fifty thousand. Suffice It to note
that a Capital City has died, and no death
rate can be so coldly calculated by those that
remain, obviously bearing the memory of
relatives and friends pinned beneath col-
lapsing walls, and even days later, continu-
ing to smell the unseen remnants of their
bodies.
Having attempted to give some description
of the earthquake and Its results I should
like now to turn to the problems that such
a disaster presented, and to particularly
emphasize the response by America, stress-
ing the medical aspects.
Inunedlately after the disaster It became
clear that the first priority *as to flnd the
wounded and to care for them, and then to
try to flnd the dead and bury them before
they becaone a further threat, as a focus
of disease, for the living. To complicate
this enormous medical challenge, It should be
noted that the two major hospitals In Mana-
gua, constituting 1700 hospital beds, were to-
tally destroyed In the earthquake. There
were, therefore, no medical facilities remain-
ing In which earthquake victims could be
cared for.
The Initial response from the United
States of America to the report by the Amerl-
812
CONGRESSIONAL RECORD — SENATE
can Ambassador In Nicaragua was rapid
and massive. Within twelve hours after the
first report a team of twenty-five physicians
and medical corpsmen from the American
Army base in the Panama Canal Zone were
working on the front lawn of what was the
Ger.eral Hospital In Managua. Within
twenty-four hours a twenty-flve bed hos-
pital was functioning, and within another
twenty-four hours a further hundred
bed American military hospital with four
operating theatres was providing the only
medical care available In the city.
Water purification equioment was flown
In within the first two days and dlstribu-
• tion of water and food supplies to the popu-
lace was begun. There have been news re-
ports highly critical of the distribution of
food, water and medical supplies In Mana-
gua, and yet. It seems to me. that one can in-
dulge In such criticism only with great
humility, for the chaos and confusion were
great and incomprehensible. I think it might
be more accurate to stress the remarkable
resiliency of the Nlcaraguan people, and the
elan that gradually emerged as the leading
figures in all aspects of Nlcaraguan life came
together to share In resolving their na-
tional disaster.
The decision to evacuate Managua was
made by General Somoza; this single choice,
more than ar.y other, influenced the even-
tual course of the calamity By moving the
populace out of the city — and. in several
Instances, this had to be accomplished by the
rather firm methods of denying water and
food to them, as well as by sending in mili-
tary forces to force some out — prevented,
without question. Innumerable further <
casualties from collapsing buildings, as well
as the emergence of various epidemic, in-
fectious diseases, and permitted the Incor-
poration of the refugee population into the
hospitals and homes of the Nlcaraguan
countryside.
The evacuation also freed the military
from merely securing law and order In a
destroyed city so that they could be employed
distributing food and water and medical
supolies to the surrounding countryside.
Critics win find fault — and one can think of
many instances that might have been han-
dled differently — but my main impressions
remain not of the faj^lts but of how well the
whole system worked.
The role of the United States was para-
mount during the first week followliig the
earthquake. Although twenty four other
countries responded — at both a Federal and
a voluntary level— the United States' con-
tribution accounted for more than 90 ^c of
:he assistance provided, and its immediacy
was the remarkable achievement. As the
old soldier cited at the beginning of this
report had noted. It felt awfully good to be
an American there. All around the devastated
cltv were the signs of that remarkable ef-
ficiency of the U.S. military that we have
seen, too often only a conflict. In Managua
January li, igy^
physicians from the University of Miami who
arrived within forty eight hours of the ini-
tial quake to work along with their military
colleagues, the representatives of the Catholic
Relief Service, CARE, the Salvation Army,
Caritas, and the private groups including the
nurses, doctors and the pharmacist who
brought several hundred pints of blood and
medicines from the Lenox Hill Hospital In
New York and worked in a Nlcaraguan hos-
pital, and the Rockland County Mercy Mis-
sions which established their own medical fa-
cility in Managua.
One of the most effective men in the
medical sphere was Dr. Gerald Paich sent
by the Communicable Disease Center, U.S.
Public Health Service, to assist the govern-
ment in logically responding to the fear of
epidemic disease. Dr. Paich. a Spanish
speaking epidemiologist, was able to work
closely with Nlcaraguan physicians under
the leadership of Mrs. Somoza, who has
long been active in the health field, to plan
for the greatest usefulness of the regional
hospitals. Through this committee a work-
able system of daily analysis was estab-
lished so that the areas where refugee prob-
lems were mounting would promptly re-
ceive the greatest attention. I attended a
number of these daUy meetings, and ad-
mired the calm professionalism of my medi-
cal colleagues working under great per-
sonal and national stress.
Inevitably, following such a disaster, there
Is great confusion regarding possible disease
consequences, and the fear of typhoid and
cholera were paramount. It did not seem
to matter that cholera had never been re-
ported In the Western Hemisphere before —
the threat of it was bandied about by the
unknowing, and I heard from many, with
authority, that it would Inevitably come
unless the dead were burled quickly, as if the
disease spontaneously generated with the
odor of decaying flesh. The fear of typhoid
was more realUtlc. but to indulge in an
innoculation campaign with a vaccine of
only partial efficacy, where its usefulness
would otUy be demonstrable if at least 80%
of the population were innoculated, and
where such an activity would not only
cause further reactions in an already sick
and bruised population but, more impor-
tantly, would totally dominate the medical
services during the first critical few davs
was folly. Fortunately, the Government of
Nicaragua withstood the pressure of the
unknowing and did not undertake mis-
guided medical ventures such as this.
The long term major problems are not
*nkely to be those of health but rather of
unemployment and a totally disrupted econ-
omy and of rebuilding not only a city but
a society. The need for the entire Interna-
tional community to Join in that long term
effort with Nicaragua is almost too obvious
to cite but, after the dramatic tale of the
immediate disaster is forgotten, will the
voluntary agencies be there, and will AID
and the World Bank and the Inter-Amerl-
they were serving the wounded, burying the. • ? ^^ , °''"^ f^"^ ^"'^ ^^^ Inter-Amerl-
dead, bringing water and food to the letL^tl ^^'^_I>ve!opment Fund and all of the other
dead, bringing water and food to the refugees,^
planning refugee camps, assessing damaged-^
buildings and repairing roads, working shoul-
der to shoulder with their Nlcaraguan col-
leagues.
Let the names be recorded of those re-
markable men. that served otir nation so well
in the first week: Major Paul Manson, M.D..
and his medical team from the Army South-
ern Command In Panama: Lt. Col. George
Sutton and the First Tactical Hospital staff
of the American Air Force: Col. Bravo with
his hundred bed Twenty First Evacuation
agencies continue to respond?
CONCLUSIONS ^
1. The response of the United States of
America to the Nlcaraguan earthquake may
well have been "its finest hour". To see the
enormous power, organization and efficiency
of the United States employed with such im-
mediacy for a devastated city and a damaged
population was in keeping with what most
Americans think is our heritage. Around the
world, however, too many people see only
another aspect of United States power. It was
— >..»>. «>,« A T*^i»,.v i-iioL civat^uaLiui^ "*j«-r».i4^4 ffco^cv^i, ui WU11.CU oLBies power. It was
Hospital; Col. Kenneth Murphy. Commander ' ,» beautiful experience to be an American In
of All AmArlran mITIfaV-ir f/^*•/^ae in XTI»^. 'Vfammtla In 4.1 1 * 1- ..• «np*,.k . .
of all American military forces in Nicaragua,
who. without sleep for the first seventy two
hours supervised the disaster and relief plan-
ning and implementation: Col. Frank D. Si-
mon and the Disaster Area Survey Team:
Ambassador Turner Shelton: and all the
voluntary groups, including a team of five
Managua In the last week of 1972, and to
know that our only impact overseas is not be-
ing felt In Hanoi or Hal Phong. More than any
other impression I brought back from Nica-
ragua was the conviction that this type of
activity is a role through which our great
country can contribute to the world.
2. It was obvious from the beginning that
there was no disaster plan in Nicaragua and
had it not been for the survival of a strone
leader, General Somoza, the chaos that nnJ
evident would have been supreme. Might it
not be In order for the United States to as-
sist, under bilateral contracts, all of the de-
veloping countries to prepare their own Dig!
aster Plan? It would seem to me that such
approach, possibly under an AID contract
might be activated almost Immediately in'
many of the other "high risk" countries
where previous disasters such as earthquakes
and floods have occurred In the past century
3. It was also apparent that there was very
little coordination within our government of
responsibilities during a disaster, and u
would again seem appropriate that each of
our Embassies overseas have a well worked
out Disaster Plan for immediate deployment
In Nicaragua, for example, the military re-
sponded almost Immediately — and I do not
believe there is any other organization In the
United States Federal or private community
that could have responded to the scope of this
disaster as promptly and as effectively as the
American military. Having said that, however,
there Is a private side to America and the vol-
untary agencies and people of good will have,
in the tradition of our country, a great role to
play. There was no apparent coordination of
their activities in the disaster In Nicaragua.
In fact, it often seemed their presence was
either resented or Ignored by the Embassy.
Although the American Ambassador told
me that the voluntary groups came under his
Jurisdiction this was not apparently the view
of many American organizations working
there. In such disaster uncoordinated and
inexperienced groups are more of a hindrance
than a help, particularly in the critical early
days. Nevertheless, I firmly believe that the
initial response should not be totally by the
Federal Government, for reasons that will be-
come obvious later. Therefore, I suggest that
each American Embassy overseas ought to
have an organized disaster plan, and that
our government ought to have a system
whereby immediate involvement of medical,
military, engineering and other disciplines
from both the federal and private sectors can
be realized. One of the key features in the
International Health Agency Act CHR 10024
and 53023) was that all forty three volun-
tary agencies Involved in overseas activities
had agreed to coordinate their activities with
those of the twelve separate Federal agencies
including the military, having International
medical programs.
4. Although I firmly believe that only the
American military could have responded to
the Immediate need and to the scope of the
Nlcaraguan earthquake. I am equally con-
vinced that prolonged American military
medical presence there will be a mistake.
After the first several weeks, or even a month,
the casualties will have healed and gone their
way. and the task of rebuilding a new Nica-
ragua, and I stress here only the medical sec-
tor, will be primarily a Nlcaraguan chore. The
remarkable thing about a military hospital Is
that it comes self-contained with trained,
personnel who work among themselves with
startling efficiency. As time goes on. however,
that system Just does work well in a foreign
country.
For example, it is the custom in many
tropical countries, including Nicaragua, for
families to stay by the bedside of an injured
pierson. to cook for and nurse the patient.
This approach Just doesn't function within
the structure of a military hospital where
the flow of civilian population is markedly
restricted.
Another example — within a few days after
the earthquake it became apparent that some
of the Nlcaraguan physicians wanted to
utilize the American military hospital; cer-
tainly, it seems desirable to leave that port-
able facility there, eventually, but is it a good
thing to have an organized, rigid, system
January 11, 1973
working at one level^ of efficiency and com-
netency in daily communication with another
approach? I think not. In fact, I think it al-
most guarantees a rapid abrasion of feelings.
As soon as the immediate crisis is over it is
my belief that the military presence in medi-
cine ought to terminate.
At that time, however, who will assume the
role of assisting recovery in Nlcaraguan medi-
cine. Inevitably, it will have to be the civilian
component — either federally sponsored AID,
or the voluntary agencies. This raises once
again the need for a clean U.S. plan to co-
ordinate federal and private efforts to permit
the essential continuity of American assist-
ance In this great calamity that, nonetheless,
offers the opportunity for a new direction in
International cooperation.
CONGRESSIONAL RECORD — SENATE
813
ECONOMIC RELATIONS ACROSS THE
ATLANTIC ON AGENDA OF CO-
OPERATION
Mr. JAVITS. Mr. President, one of the
hidden costs of our continuing, tragic in-
volvement in the Vietnamese war. is the
relative neglect of other foreign and
domestic policy concerns which are of
greater long-term importance to the na-
tional interest by the highest policy oflQ-
cials of our ChDvernment. One of these
concerns is the future of U.S. relations
with Western Europe,
The year 1973 has been characterized
as the Year of Europe and it is my fervent
hope that the termination of the Viet-
namese conflict in the very near term,
will allow our highest political leadership
in both the Executive and Congress to
turn their attention to the problems of
defining a new, sustainable, and friendly
relationship with our key allies in West-
em Europe. This task takes on special
urgency and importance since 1973 will
be the year in which the enlargement of
the Common Market to include the
United Kingdom becomes a reality.
Prom the congressional point of view,
perhaps the key congressional action
that will be required if the "Year of Eu-
rope" is to become a successful endeav-
or, is the prompt passage of reason-
able, forward looking trade legislation
to mesh with the multilateral trade ne-
gotiations which are scheduled to open
this September. Only through reciprocal
negotiations will the Common Market
modify its present agricultural price sup-
port system and its policy of proliferat-
ing preferential trading relationships
which are so inimical to the U.S. export
interest and the open and liberal trading
order of the free world. It is hard to
for^ee the passage of such trade legis-
lation if the Congress and the executive
branch continue at loggerheads over
^Tietnam.
Hopefully, too. with the resolution of
the Vietnamese conflict, the Congress
will hold off on any imilateral troop cut-
tinr action in Western Europe until the
Mutual Balanced Force Reduction —
MBFR — negotiations are given a fair
chance. The MBFR talks are scheduled
to open at approximately the same time
as the trade talks. Also during this gen-
eral period a most important annual
meeting of the International Monetary
Pund— IMF— wiU be taking place In
Nairobi, Kenya, and It is the expectation
of the world that this meeting will ad-
vance the long-term reform of the Inter-
national monetary system.
One of the most constructive state-
ments that has been made on the pres-
ent complexities of United States-Eu-
ropean relations and the opportimities
inherent in the phrase "the Year of Eu-
rope" was made in New York on No-
vember 14, 1972, by a European states-
man— Dr. Giovanni Agnelli, the head of
FIAT.
I ask unanimous consent that this fine
speech be printed in the Record at this
point and that my colleagues will give
it the close and careful attention it de-
serves.
There being no objection, the speech
was ordered to be printed in the Record,
as follows:
Economic Relations Across the Atlantic:
AN Agenda for Cooperation
(Address by Dr. Giovanni Agnelli, chairman,
FIAT S.p.A. ITALY)
This has been a year of historic accom-
plishment in International affairs. It has
seen President Nixon's achievements in Pe-
king and Moscow, the successful Initiatives
toward detente in Europe, and now the pros-
pect of peace in Viet Nam. While there is
no reason for complacency, there is reason
for hope that the cold war era is over and
that relations between the Western democra-
cies and the Communist countries will be in-
creasingly characterized by cooperation In
both the political and economic fields.
In this same year. Western Europe has
taken historic steps toward greater unity. The
final arrangements have been completed for
the entry of the United Kingdom into the
European Commnuity. That Community now
comprises nine countries with a population
of 250 million and a gross national product
of nearly $700 billion dollars. At the recent
summit meeting in Paris, its members took
broad commitments toward monetary, eco-
nomic and eventually political unification.
These achievements in East-West relations
and in the unification of Europe should be a
source of encouragement to all of us. But this
last year has not witnessed a comparable
breakthrough in relations between the main
power centers of the non-Communist world.
The state of European -American relations Is
particularly disquieting.
Some Europeans, understandably proud of
economic progress on the Continent, seem to
discount the importance of the United
States — as If relations with America could
be safely relegated to a poor third place be-
hind the building of a new Europe and the
pursuit of detente with the East.
Some Americans, on the other hand, seem
to be persuaded that Europe has dealt un-
fairly with the United States and Is the cause
of most. If not all, of America's economic
problems. As Raymond Aron recently put it;
"American opinion tends to perceive simul-
taneously the spectacular reconciliation with
China, the partial arrangements with the
Soviet Union and the monetary and commer-
cial quarrels with the Europeans; It appears
as If the United States had only Its allies as
adversaries — If not as enemies."
We must not let the vital fabric of Euro-
pean-American relations be torn asunder by
a combination of pride and prejudice. We
must not permit growing unity within the
European Community to be accompanied
by growing disunity in the Atlantic Commu-
nity. We must not allow the burial of the
cold war with our former adversaries to be
succeeded by an economic cold war between
long-established friends.
The establishment of a new and Improved
relationship between the United States and
the European Community should now take
first place on the diplomatic agenda.
The United States and the Community
have special political, cultural and ethnic
ties. We are uniquely Interdependent In our
financial and commercial relations. Together
we account for one-half of world GNP. one-
half of world trade and three-quarters of
aid to developing countries.
I attach the greatest Importance to rela-
tions with Japan, with other developed coun-
tries, with the Third World and with the
Communist nations. But today I wish to talk
about the United States and the European
Community. They represent the vital center
of the world economy. If this vital center
does not hold together, the world economy
will break apart. On the other hand, a sound
relationship between the partners at the vital
center can be the basis for economic manage-
ment on a global scale.
Moreover, as I am sure we all recognize,
economic relations between the United
States and the Community have profound
significance beyond economies. Failure to
resolve our economic differences could poison
our political relationships and undermine
mutual security arrangements. And that
could only set back the new and hopeful
prospects for peace and security in the wider
world .
I speak today as one deeply committed to
the cause of European unity, but equally
committed to the necessity of European-
American cooperation.
Transatlantic economic relations are cur-
rently troubled by monetary problems, trade
problems, and Investment problems. I cannot
possibly do full Justice to all these complex
Issues, and an expert audience like this one
may hear much that is familiar. Nevertheless.
I shall proceed on the theory, once fellclti-
ously expressed by Adlal Stevenson, that
"mankind needs repetition of the obvious
more than elucidation of the obsciu-e."
The first of the three economic problem
areas Is that of monetary relations. The world
now lacks a satisfactory and agreed method
for controlling the supply of international
liquidity and for assuring timely adjustment
In the balance of payments of surplus and
deficit countries.
I need hardly remind this audience that
unless these problems are resolved, we will
face one currency crisis after another and a
proliferation of controls on both capital and
trade. The ability of our various countries to
achieve non-lnflatlonary growth and to take
care of the economic and social needs of our
citizens will be seriously compromised.
With respect to tlie liquidity problem,
there seems to be a growing consensus,
which was confirmed by your Secretary of
the Treasury, Mr. George Shultz. at the
recent IMF meetings, that the present dollar
standard In which the growth of world re-
serves is primarily determined by U.S. pay-
ments deficits should be replaced by an SDR
standard under collective International
management. In approaching that objective,
however, some fundamental differences re-
main to be bridged.
FYom a European point of view, one of
the central purposes of a new monetary sys-
tem Is to put an end to the unique degree
of independence from external discipline
which the dollar standard has conferred on
U.S. domestic and International polloies. At
the end of a transitional period, the United
States should assume the same obligations
as everyone else to support its currency in
the exchange markets and to settle its inter-
national accounts on a current basis with
gold, SDRs or IMF borrowings.
I believe this European attitude Is a rea-
sonable one. While the dollar standard may
have served a mutually beneficial function
in the postwar period. It Is simply not ten-
able as a p)ermanent arrangement between
equals. European countries cannot live In-
definitely under an arrangement by which
they finance U.S. deficits without limit by
accumulating doUars. It Is encouraging that
American opinion seems also to be coming
to the view that the United States should
divest Itself of the special burdens of run-
814
1 ;
CONGRESSIONAL RECORD — SEN ATE
nlng a reserve currency and regain the same
freedom that other countries have to adjust
its exchange rate.
The problem, it seems to me. Is to phase
out the present dollar standard In an orderly
way that does not place unacceptable bur-
dens on either the United States or Its
trading partners. Some solution must ob-
viously be found to prevent the huge ac-
cumulation of dollars now In the hands of
foreign governments and central banks —
estimated at between $60 and «70 billion —
from being translated Into Immediate claims
on American resources. To deal with this
problem. European countries, as well as
other countries holding dollars, could agree
on some rules against shifting out of dollars
Into other reserve assets, on a funding of
dollar holdings tnrough the IMF. or on some
combination of the two.
A funding operation would raise the diffi-
cult question of whether the United States
should "pay off"' Its accumulated Indebted-
ness and at what rate of Interest. I believe
that It would be In Europe's own Interest to
take a flexible and forthcoming approach
to the funding of the accumulated dollar
balances, since some European concessions
here will obviously be needed to secure
American agreement to dollar convertibility.
Moreover. If the repayment obligations were
too oneroxis. the United States would be
forced Into highly merchantlllst trade poli-
cies. In this connection, I consider it appro-
priate to recall that some of these dollars
are the legacy of a period of unprecedented
American generosity. We should not forget
that Europe received a total transfer of $33.5
billion from the United States In the first
postwar decade. In the form of loans, grants
and military assistance.
Finding an adequate substitute for the
dollar standard requires not merely the col-
lective management of the dollars already
outstanding but new multilateral arrange-
ments for the Issuance of new liquidity.
Quite understandably, the United States
will be reluctant to give up Its freedom
to finance Its payment deficits with dollars
until It Is assured that adequate amounts
of SDRs and other liquidity will be avail-
able. At the same time. Europeans would be
reluctant to see too generous arrangements
for SDR creation which would mean t'be In-
definite financing of U.S. deficits and further
worldwide infliatlon.
This will be a difficult problem to resolve.
Moreover, It cannot be divorced from the
needs of the third world countries for more
adequate financing of their economic devel-
opment. But I believe a solution can be as-
sisted by a number of devices — the use of
independent and highly qualified experts to
assess and recommend on world liquidity
needs, appropriate Increases In the IMF
quotas of European countries and Japan to
reflect more accurately current economic
and political realities, and perhaps new vot-
ing fortnulae to balance the interests'' and re-
sponsibilities of different groups of countries.
An Improvement in the balance of pay-
ments adjustment process is another urgent
necessity. Here European countries tend to
emphasize the obligations of deficit coun-
tries, while the pnited States emphasizes the
obligations of surplus countries. There is a
certain Irony here In the Bretton Woods ne-
gotiations. It was the United States that
emphasized deficit country responsibility and
It was the United Kingdom and other Euro-
pean countries which stressed surplus cotin-
try obligations. Perhaps this experience
should teach us how dangerous it is to build
enduring principles for monetary coopera-
tion on the balance of payments positions of
the moment.
From a mld-Atlantlc perspective. It seems
obvloxis that we need new rtiles of the
game to assure timely adjustments in the
policies of both surplus and deficit countries.
We also need a multilateral process for ap-
plying these rules. The recommendations of
expert groups working La the framework of
the IMP could be backed by sanctions In
extreme cases — denial of credit to deficit
countries, surcharges on the exports of atir-
plus coimtrles. In this way we could facilitate
more timely changes in exchange rates and
also Influence the other aspects of na-
tional economic policies needed to sustain
them.
The working out of a more effective ad-
justment system will require a good deal of
compromise. Some European countries may
have to accept greater emphsisls on changes
in exchange rates than they might wish —
although this would be without prejudice to
greater exchange stability among the mem-
bers of the Community. The United States
may have to accept some new arrangements
by which Its fiscal and monetary policies can
be more effectively coordinated with the pol-
icies of others. I recognize the formidable po-
litical obstacles on both sides to accepting
greater International influence in what have
hitherto been regarded as sovereign matters,
but I see no alternative If we are to make
real progress toward greater freedom and
stability In trade and payments.
The second area of concern Is that of our
trade relations. Let me touch briefly on four
of the Issues In this area — the charge of al-
leged "discrimination" against American
trade, agrlctUture, nontarlfl distortions, and
the avoidance of market disruption.
The United States seems to be having
second thoughts about the trade Implications
of the European Community. In some quar-
ters the development jnd enlargement of
cur customs union are seen as a threat to
American commercial Interests.
This is not easy for Europeans to under-
stand. It was the United States that origi-
nally pressed Europe to form an economic
union and that later urged the inclusion of
Britain In It. The United States also agreed
over a generation ago to exempt both custom
unions and free trade areas from the most-
favored-nation principle laid down In GATT.
Moreover, quite apart from these historical
and legal considerations, the evidence does
not support the notion of serious damage to
American Interests. In 1958 the United States
exported $2.8 billion of merchandise to the
Community and Imported $1.7 billion fro*n
it. By 1971 American exports had grown to
$9 blUlon and Imports to $7.7 bllUon. In 1971
the Community was the only major Indus-
trialized area with which the United States
maintained a trade surplus when its trade
balance was In overall deficit by $3 billion.
Let us also recall that between 1958 and
1970 American exports to the European Com-
munity rose by 180%. In that same period
they rose by 140% to members of the Eu-
ropean Free Trade Area and by only 120%
to the rest of the world.
These figures demonstrate that the United
States has continued to reach the European
market on a vast scale — and not Just through
European -based production facilities.
Of course. I do realize that from the Amer-
ican point of view, the t«st Is not Jvist the
bilateral balance between the United States
and the Community, but whether the United
States might be able to earn a sufficient
merchandise surplus with the community to
finance Its trade deficit elsewhere or bridge
the deficit In its balance of payments result-
ing from its special international commit-
ments. On this score, however, the common
external tariff does not appear to be a major
impediment. After the Kennedy Round, only
13.1 'Tr of EC. tariffs on industrial goods are
over 10<~c and only 2.4 "^r over I5^r, compared
to 38.3% of American tariffs over 10% and
23.3% over 15%. Moreover, as you are un-
doubtedly aware, the common external tariff
is lower on the average than the British
tariff structure, and Britain's entry will mean
the lowering of British tariffs on American
Industrial exports.
January li, iqj^
Next year will witness not merely the en-
largement of the Community from six to nin«
but the coming into force of a free trade
arrangement between the enlarged Coaiiau-
nlty and seven other countries in Western
Europe. Here again, there Is a case for under-
standing on the American side. Not only we
free trade areas accepted imder our mutually
agreed trading rules, but the practical case
for a free trade arrangement between these
two groups of countries Is overwhelming
The seven nonmembers of the Community
conduct more than half their trade on tlie
average with the Community of nine. A free
trade arrangement between these two group*
Is essential for their mutual prosperity. It
need not have a negative impact on ua.
trade If it is accompanied by another major
round of trade barrier reductions — a point
to which I shall shortly rettirn.
There Is the further problem of the prefer,
entlal agreements which the Commimlty hu
concluded with countries In the Mediterra-
nean and Africa. Here Americans appear to
be rather strongly concerned, and they won-
der whether these arrangements comply with
the multilateral trade rules of GATT. On
the other hand, there are powerful reasons,
rooted both In history and In contemporary
political and economic realities, which under-
lie these special arrangements, which ate
Important to the whole Western world. More-
over, the share of Community imports sub-
ject to these preferences is less than 4% and
is declining.
In my opinion, the most reasonable way to
deal with this cluster of discrimination prob-
lems Is not through the confrontation of
legal claims, but through cooperation In an-
other great effort of tariff reduction. After
all. if there are no tariffs, there can be no
tariff discrimination.
President Nixon's Commission on Interna-
tional Trade and Investment Policy recom-
mended "new negotiations for the elimina-
tion of all barriers to international trade and
capital Improvements within 25 years." I
believe we should adopt this bold proposal
as our objective and draw up a realistic
timetable for its accomplishment.
Tariffs are increasingly recognized as an
Imprecise and unsatisfactory way of dealing
with domestic adjustment problems. We
should aim at eliminating all of them with-
in a ten year period so far as the Industrial-
ized countries are concerned. As a part of
this package, I believe the Community should
consider the possibility of phasing out the
reverse preference it now receives from
African countries.
Agriculture Is another area which requires
greater understanding and a new approacb.
In response to American complaints about
the Common Agricultural Policy, Europeans
point out that American farm exports rose
from $1.2 bUlion to $1.7 billion between 1964
and 1971 and that in 1971 Conmiimlty agri-
cultural exports to the VS. were only $433
million. The U.S. answer, of course. Is that
American farm exports to the Community
would have risen much more but fdr the
CAP and that the United States should not
have Its comparative advantage in agriculture
frustrated by European action.
It is a fact of life that both the United
States and the European countries have spe-
cial domestic programs to support farm In-
come. These programs are dictated by domes-
tic political and social considerations that
cannot be quickly or easily eliminated. But
some progress might be possible If we could
negotiate Internationally on domestic agri-
cultural policies with a view to giving greater
scope to the principle of comparative ad-
vantage. This would be desirable not only
to increase real income and profitable trade
in the industrialized world but also to open
new opportunities for the agricultural ex-
ports of the developing countries.
To be specific. I believe we could agree to
reduce gradually domestic price support
January 11, 1973
CONGRESSIONAL RECORD — SENATE
815
levels and eventually to substitute income
support entirely for price support. With
market forces playing a greater role, the
United States would gradually shift out of
dairy products and some meat production
into grains while Europe cotild gradually
shift from grains into dairy and livestock
production. If we could carry out such a
program over the course of the next genera-
tion, during which the farm population in
both Europe and the United States will be
declining further In any event, the probable
social and hiunan costs would be minimal.
At the same time, we could achieve a big
mcrease In two-way agricultural trade with
material benefits to consumers and feirmers
on both sides of the Atlantic. I would hope
we could take such a strategy of regional
specialization In agriculture as a working
hypothesis in economic negotiations, even
though It Involves for Europe, Important
problems of employment and land settle-
ment.
Let us now come to non-tariff distortions.
They are generally regarded as a greater Im-
pediment to trade than tariffs themselves.
Although both sides of the Atlantic regard
themselves as more sinned against than
sinning in this area, the fact is that there is
much room for Improvement on both sides.
A negotiating package should include a long-
range commitment to phase out quantitative
restrictions, subsidies, protectionist measures
In government procurement, and other non-
tariff distortions. I would hoi)e that the new
European Industrial policy could be de-
veloped without making use of measures of
this kind, which could only complicate the
resolution of transatlantic trade differences.
In any comprehensive trade negotiation,
we shall have to find a solution for the prob-
lem of market disruption. In recent years we
have seen a proliferation of quantitative re-
strictions and voluntary export restraints
outside the realm of international trade law.
Governments must be allowed to deal with
problems of human hardship resulting from
substantial shifts in trade patterns, but In
their present uncoordinated approach to this
problem the Industrial nations are frustra-
ting on another's domestic objectives.
Without minimizing the difficulties, I be-
lieve we need a new multilateral approach to
this problem. National measures to avoid
market disruption, it seems to me. should
be subjected to strict international stand-
ards drafted and applied on a multilateral
basis. Such measures should be limited In
duration, tied to the granting of adjustment
assistance by the affected country, suid per-
haps administered by a panel of impartial
mediators.
The third area of fundamental concern is
that of investment relations. The multi-
national company Is receiving increasing at-
tention from governments, trade unions,
scholars and the public at large. I believe
the evidence is overwhelming that multi-
national companies represent a potent in-
strument for economic growth and human
wrtfare — particularly because of their role
In the transfer of financial resources, tech-
nology and managerial skills. Yet they un-
doubtedly raise new problems In a world of
separate national sovereignties.
American Investment In Europe has stim-
ulated European concern that a large and
growing portion of Europ>ean Industry will
be controlled from boardrooms across the
AUantlc. In the United States, trade union
leaders have complained about the export
of jobs through U.S. Investment overseas.
In my own view, neither of these anxieties
Is well founded. Europe has derived enormous
advantages from American Investment and
examples of m&nagonent decisions by Amer-
ican companies Inconsistent with European
interests are rare. I also believe that Eu-
ropean firms, through mergers in the en-
larged Community, will be Increasingly suc-
cessful in competing with their American
rivals on the Continent. As for the fears of
American labor, studies by authoritative
groups, including your own, have demon-
strated that the net lmp<w;t of foreign in-
vestment on V&. employment Is a positive
one.
Nevertheless, transatlantic foreign Invest-
ment problems will require Increasing atten-
tion in the years ahead. New approaches to
these problems might be sought in three
directions.
First, we should aim to make foreign In-
vestment more of a two-way street. With the
devaluation of the dollar In terms of Euro-
pean currencies, and with the Improved rela-
tive prospects for non-lnflatlonary growth In
the U.S. compared to Exirope, there should
be a growing potential for European Invest-
ment In the U.S. Moreover, although some
European countries like my own will need
to concentrate their investment funds In the
home economy, other European countries will
generate a substantial surplus for foreign
investment. Much of this. I am convinced,
can profitably take the form of direct invest-
ment which will result in capital flows and
import savings of immediate benefit to the
American balance of payments while at the
same time creating new jobs and income in
the United States.
U.S. federal and state authorities have un-
dertaken to Improve the climate for foreign
direct investment, In the U.S. and further
efforts In this direction would be of mutual
advantage to the U.S. and Europe. Moreover.
American authorities could do more to dispel
the concerns of foreign businessmen about
the vastness and complexity of the U.S. mar-
ket and about U.S. policies In such areas as
antitrust and securities regulation. To this
end, visits to the United States by senior
officers of major European companies under
U.S. government auspices would be most
helpful. I would hope that American busi-
nessmen would not take a defensive view
of foreign investment In the United States,
but would rather regard it as a further con-
tribution to a blending of our economic
interests from which all will benefit.
A second avenue of approach might be
through the progressive internationalization
of the multinational company. American
companies In Europe and European com-
panies In America increasingly make use of
host country personnel to manage their local
operations. This Is a desirable trend. Over
the long term. It would also be desirable to
encourage foreign representation In the
boards of directors and top management of
the parent companies themselves.
I recognize that there are many practical
obstacles to the achievement of this objec-
tive. One is the shortage of top level mana-
gerial talent knowledgeable In the business
proolems and languages of the two sides of
the Atlantic. More training of young Euro-
peans In American business schools, and
more training in European business schools
of young Americans would be a constructive
step. This could be svipplemented by trainee
programs of American and Europesoi firms
for young managers from the other side of
the Atlantic.
A third approach to the emerging prob-
lems of transatlantic Investment is through
a process of consultation and conciliation In
International organizations. Several years
ago. George Ball proposed a supra national
authority that would preside over the en-
forcement of ft set of rules regulating the
conduct of multinational corporations In host
states while, at the same time, prescribing
the limits In which host governments might
Interfere In the operation of such corpora-
tions."
I doubt that we are ready for such a far-
reaching step. We need more knowledge of
the problems Involved In the operation of
multinational companies and we need a
greater consensus among business leaders
and governments on how to cope with them.
Nevertheless, as a more modest first step, the
Organization for Economic Cooperation and
Development could develop procedures for
consultation and information exchange on
certain practical issues connected with
multinational companies and with foreign
Investment generally. Among the issues ap-
propriate for study and discussion would be
divergent national policies on the export or
Import of capital that cause difficulty for
other countries, and conflicting attempts of
different governments to apply tax. securi-
ties, foreign exchange ahd antlturst laws to
multinational companies.
If there is one central theme that runs
through ^1 these observations, It Is the need
for strc%ger International institutions to
manage the new problems of Interdepend-
ence. Some will object that the strengithen-
Ing of international institutions will inter-
fere with national independence. But this
national Independence is now largely an il-
lusion— particularly In the Atlantic world.
The price of our Interdependence is con-
stant Interference in each other's affairs. The
real question Is whether this Interference
will take place by means of uncoordinated
and conflicting national actions or through
mutually-agreed solutions in international
organizations.
In all our countries there are serious po-
litical obstacles to the ambitious program I
have outlined today. International accords
reached through International institutions
can help overcome these obstacles. What we
cannot do unilaterally, we can often do mul-
tllaterally.
This leads me to one final suggestion. Pres-
ent planning on both sides of the Atlantic
calls for negotiations In specialized economic
forums — the monetary Issues In the IMF's
Group of 20, the trade Issues In the GATT,
certain of the Investment issues In the OECD.
The questions is whether this approach will
be sufficient.
In order to resolve such complex Issues,
we will have to break with established tra-
ditions and patterns of thinking. We will
need not merely technical expertise but an
unprecedented amount of political wUl. This
political will Is usually forthcoming only
when the highest political personalities are
themselves engaged. An Atlantic economic
summit — bringing together the President of
the United States, the Prime Minister of
Canada and the nine political leaders of the
European Community — could provide the
necessary political Impetus to the technical
negotiations.
Of course, this meeting of the leading in-
dustrial powers would have to be carefully
prepared with a previously agreed consensus
on general objectives. It would not aim to
conclude final agreements, but it could pro-
duce a statement of agreed objectives and.
if t>osslble. detailed mandates and timetables
for the technical negotiations. Additional
summit meetings could be held In the future
to spur the negotiations or bring them to a
successful conclusion.
I would add at this point that as all the
financial, trade and Investment problems are
tightly interrelated on a world basis, it would
be proper to ask Japan to join in and share
the global responsibility whether In the Ini-
tial meeting or subsequently. After all. our
problems require solutions through a posi-
tive cooperation among the three leading in-
dustrial areas of the free world.
A summit meeting might make other con-
tributions as well. It could provide for a new
institution for communication and consul-
tation between the United States and the
European Community — for example, through
regular meetings between representatives of
the President of the United Sta'es and the
Europ>ean Commission.
I recognize, of course, that the members
of the European Community may differ la
their reactions to the Idea of an Atlantic
summit, and certainly the views of each
member should be carefully considered be-
fore the proposal Is agreed to on the Euro-
pean side. But I venture to make the sug-
816
geition at this stage Ln the hope that it may
stimulate new thinking on ways to promote
ziore effective transatlantic dialogue.
: Jeyond these new arrangements for com-
minlcatlon at the political level, there is an
ur( ent need for a better communication be-
tw «n policymaking groups on both sides of
th( Atlantic — legislators, businessmen, trade
un on leaders and scholars. Such meetings
coi id do much to correct misconceptions on
both sides and rebuild a transatlantic con-
s. I would hope that such a project
lid find financial support from founda-
and other private sources In the coun-
concerned.
As the recent repwrt of the OECD study
grc up headed by Jean Key observed, the In-
cre islng "Interpenetration" of national econ-
om les necessitates "active coordination be-
tw( en the partners in the world economy."
At the vital center of the world economy are
the European Community and the United
Sta tes. Let us delay no longer in shaping.
ne^ • arrangements to manage our mutual In-
ter lependence.
se
wo
tio IS
tries
il
llr. HUGHES. Mr. President, I sug-
gei t the absence of a quorum.
The PRESIDING OFFICER. The clerk
call the roll.
he legislative clerk proceeded to call
roll.
HUGHES. Mr. President. I ask
inimous consent that the order fot the
call be rescinded,
"he PRESIDING OFFICER. Without
ob: ection, it is so ordered.
w
th^
un
quArum
Ilr.
II
the
DIi
w
hea
efts
aU
sion,
day
III
prav
CONGRESSIONAL RECORD — HOUSE
January 11, 1973
meridian. After the two leaders or their
designees have been recognized under the
standing order, there will be a period for
transaction of routine morning business
for not to exceed 30 minutes, with state-
ments limited therein to 3 minutes. No
roUcall votes are expected tomorrow, and
w^hen the Senate adjourns on tomorrow,
it will go over until 12 o'clock meridian
on Tuesday next.
I
ADJOURNMENT
Mr. HUGHES. Mr. President, if there
be no further business to come before
the Senate, I move, in accordance with
the previous order, that the Senate stand
in adjournment until tomorrow.
The motion was agreed to; and, at 1 : 30
p.m., the Senate adjourned until Friday,
January. 12, 1973, at 12 o'clock meridian.
QUORUM CALL
NOMINATIONS
PROGRAM
r. ROBERT C. BYRD. Mr. President,
program for tomorrow is as follows:
'the Senate will convene at 12 o'clock
Executive nominations received by the
Senate January 11, 1973:
FoRncN Claims Settlement Commission
Lyle S. Garlock. of Virginia, to be a member
of the Foreign Claims Settlement Commis-
sion of the United States for the term of 3
years from October 22, 1972, to which office he
was appointed during the last recess of the
Senate.
New England Regional Commission
Russell Field Merriman, of Vermont, to be
Federal Cochalrman of the New England Re-
gional Commission, to which office he was
appointed during the last recess of the
Senate.
Depabtment op State
Richard T. Davles, of Wyoming, a Foreign
Service Officer of class 1, to be Ambassador
Extraordinary and Plenipotentiary of the
United States of America to Poland, to which
office he was appointed during the last re-
cess of the Senate.
Cleo A. Noel, Jr., of Missouri, a Foreign
Service Officer of class 1, to be Ambassador
Extraordinary and Plenipotentiary of the
United States of America to the Democratic
Republic of the Sudan, to which office he
was appointed during the last recess of the
Senate.
Melvln L. Manful! , of Utah, a Foreign Serv-
ice Officer of class 1, to be Ambassador Ex-
traordinary and Plenipotentiary of the
United States of Amercla to Liberia, to which
office he was appointed during the last recess
of the Senate.
Corporation for Public Broadcasting
Irving Krlstol, of New York, to be a member
of the Board of Directors of the Corporation
for Public Broadcasting for the remainder of
the term expiring March 26, 1976, to which
office he was appointed during the last recess
of the Senate.
National Labor Relations Board
John Harold Fanning, of Rhode Island, to
be a member of the National Labor Relations
Board for the term of 5 years expiring Decem-
ber 16, 1977, to which office he was appointed
during the last recess of the Senate.
In the Army
The following-named officers under the
provisions of title 10, United States Code,
section 3066. to be assigned to a position of
Importance and responsibility designated by
the President under subsection (a) of sec-
tion 3066. In grade as follows:
To be lieutenant general
Ma]. Oen. John Daniel McLaughlin, SSl-
18-9718, U.S. Army.
Ma]. Gen. George Samuel Blanchard, 597-
14-7196. (Army of the United States), briga-
dier general. U.S. Army.
r^
HOUSE OF REPRESENTATIVES— r/iMrsrfai/, January 11, 1973
The
House met at 12 o'clock noon.
Chaplain, Rev. Edward G. Latch,
., offered the following prayer:
The
/' it be possible, as mtLCh as lieth in
yov. live peacefully with all men. — Ro-
ma is 12: 18.
Qur Father God, who art life and
and love, whose glory surrounds us
3ur days and waose goodness is ever
1 ling entrance into our human hearts,
ome to Thee in prayer, opening our
to the inflow of Thy spirit. With
is grace sufficient for every need
in Thy will we can find our way to
ligqt
all
see
we
hestts
Th<e
anc
pea:e
C rant that these representatives of
our people may be filled with the spirit of
wla lom to make wise choices, with the
mig tit of moral muscle to do justly, with
the love of life to be merciful, and with
the fidelity of faithfulness to walk hum-
bly with Thee.
C pen our eyes to see the needs of our
orfd and to work to feed the hungry, to
the brokenhearted, to set at lib-
the captives, to bring good tiding to
' rho sit bowed in the circle of oppres-
and to make peace a reality in our
THE JOURNAL
The SPEAKER. The Chair has ex-
amined the Journal of the last day's pro-
ceedings and aimounces to the House his
approval thereof.
Without objection, the Journal stands
approved.
There was no objection.
MESSAGE FROM THE PRESIDENT
A message in writing from the Presi-
dent of the United States was communi-
cated to the House by Mr. Leonard, one
of his secretaries.
SWEARING IN OF MEMBER-ELECT
The SPEAKER. Will the gentleman
from New York (Mr. Badillo) and any
other Member-elect who has not been
sworn come to the well of the House
and take the oath of office.
Mr. BADILLO appeared at the bar of
the House and took the oath of office.
the spirit of the Prince of Peace we
. Amen.
DEEP SEABED HARD MINERALS
RESOURCES ACT
(Mr. DOWNING asked and was given
permission to address the House for
1 minute, to revise and extend his re-
marks and Include extraneous matter.)
Mr. DOWNING. Mr. Speaker, on the
opening day of this Congress I Intro-
duced the Deep Seabed Hard Minerals
Resources Act (H.R. 9) which will pro-
vide for the orderly development of deep
sea ocean minerals. This bill Is identical
to the bill H.R. 13904 which was intro-
duced in the 92d Congress.
The goal we seek to accomplish is
to provide for the orderly development
of the deep ocean minerals and to pro-
vide for security of tenure for ocean
miners.
The prospect of realizing deep ocean
mining in this decade is no longer illu-
sory but is now almost a reality.
The validity of the above statements
can be supported by the intensity and
widespread nature of ocean mining de-
velopment now being carried out by
private U.S. companies and by foreign
entities often strongly and directly sup-
ported by their governments. There has
been a high level of activity by three
American companies — Deersea Ven-
tures, Hughes Tool, Kennecott Copper—
bv a group of 24 coTip?nies from Jap3n.
United States, West Germanv, and Aus-
tralia engaged in a test propram of ocean
mining and by six other malor European
and Japanese companies involved in the
development of mining technology.
Ocean mining has the immediate goal
of recovering manganese nodules. The
January 11, 1973
CONGRESSIONAL RECORD — HOUSE
817
nodules may be found on many areas
of the ocean floor in varying percentages
up to several pounds per square foot and
in varying assays. The depth at which
they can be commercially mined is ap-
proximately 15,000 to 18,000 feet and re-
quires very sophisticated mining equip-
ment. The minerals now recoverable in
the nodules are mangEuiese, cobalt,
nickel, and copper. Of the four minerals
to be recovered, three are imported in
great quantity in comparison to domestic
production.
The Congress is not the only forum
concerned with the oceans. Within the
United Nations the U.N. Seabed Commit-
tee has held meetings to provide for a
Law of the Sea Conference called for by
President Nixon on May 23, 1970. Un-
fortunately, the work of the member
states has fallen short of the goal and
as yet no Law of the Sea Conference
has been held and no meaningful prog-
ress can be expected for years. Mean-
while, we have one company reportedly
preparing to mine in the summer of 1974
and another company having completed
all of the pilot stages.
President Nixon wisely recognized
these factors in his May 23, 1970, state-
ment. He foresaw the difficulty of agree-
ment and the lengthy nature of the ne-
gotiations. He was clearly aware of the
swift march of technology and the needs
of the world for raw materials. He rec-
ognized that the imcertainty introduced
by these negotiations put a new burden
on those pioneering in the exploitation
of the oceans. Therefore, he called for
an interim policy.
The sponsors offer this legislation as
the answer to the President's interim
policy and requests early enactment of
the legislation.
WILDLY INACCURATE ACCOUNT
NOT CORRECTED BY WALL
STREET JOURNAL
(Mr. WRIGHT asked and was given
permission to address the House for 1
minute, to revise and extend his remarks
and include extraneous matter.)
Mr. WRIGHT. Mr. Speaker, many of
us through the years have been outspoken
advocates and defenders of the freedom
^- of the press.
It is agonizing and deeply embarrass-
ing to us who earnestly believe in this
freedom when we witness the deliberate
and artful distortion of events to which
we have been close observers by some ele-
ments in the press whose freedom we aie
at pains to defend. f
It is particularly galling when a repii«»
table and prestigious newspaper of wide
circulation prints a wildly Inaccurate ac-
count of events to which Congress has
been a party and then cavalierly ignores
all information offered in good faith to
correct the misrepresentations.
Throughout my adult life, I have con-
sidered the Wall Street Journal to be a
reputable and reliable newspaper. On Oc-
tober 10, however, it featured an article
which so gravely distorted the actions,
the intent, and the motivations of Con-
gress that I felt honorbound to write to
that newspaper on October 17 citing cer-
tain factual errors of which I had per-
sonal knowledge.
Almost 3 months have passed. Not only
have the editors of that newspaper de-
chned thus far to print one word of the
corrections, thus covertly perpetuating
the inaccuracies of which they had been
advised. They have disdained even to give
me the courtesy of so much as a perfunc-
tory acknowledgment of the letter I wrote
to them.
I am therefore including for printing in
the Record a copy of my letter of Octo-
ber 17 to the editor of the WaU Street
Journal. Unfortunately, since that news-
paper receives much larger readership
throughout the country than does the
Congressional Record, many Americans
who iimocently read the thoroughly er-
roneous story, denied information to the
contrary, wlU still have no recourse than
to believe the misrepresentations. And
this is very sad. It leaves the public mis-
informed, and those maligned with a
frustrated and helpless feeling.
Freedom of the press is a precious
thing, and many of us will continue to de-
fend it against all invasions. But the press
as an institution has some responsibili-
ties. It has a clear responsibility to pre-
sent a balanced and factual account and
at the very least to correct errors when
they are called to its attention. I am
deeply saddened that a paper with the
reputation of the Wall Street Journal is
apparently so unmindful of this overrid-
ing responsibility and of the rules of
common courtesy as well.
October 17, 1972.
The EnrroR,
The Wall Street Journal.
New York, N.Y.
Dear Sir: Your article of October 10 by
Albert R. Karr (The Highway Boys Win An-
other One) was unworthy of the Wall Street
Journal. It was so obviously biased, so in-
accurate, devoid of authority and replete with
unsupported aspersions that it makes some
long-time readers here in Washington cringe
In embarrassment for the Journal.
Your reporter apparently was so disap-
pointed in the House action on the highway
bill that he felt moved to explain It by at-
tributing bad motives and devious connivery.
The article presents the blunt impreaalon
that those in Congress who vote to protect
the Highway Trust Fund are either (1) an-
tagonistic to mass transit or (2) Influenced
and dominated by some sinister "highway
lobby." This Just Isn't true.
One faulty representation: "The House
members on the (Conference) Committee
will be flatly opposed to aiding mass transit."
Totally in error.
The truth: House conferees offered to give
more money for mass transit than the Sen-
ate bill contained. Including operating sub-
sidies and flexibility for cities to substitute
rails for highways. In advance obllgatlonal
authority out of General Revenues but not
out of the Highway Trust Fund. Five Sen-
ators agreed, seven refused. Their primary
objective, the latter made clear, was not
money for mass transit, but Invasion of the
Trust Fund.
Another misrepresentation: "On at least
two occasions in recent days, the truckers
were reported offering campaign contribu-
tions checks to members of House commit-
tees as key votes approached . . . some of the
trucker offers amounted to a couple of thou-
sand dollars at a crack." Not only Incorrect
but malicious.
The truth : I have taken the trouble to ask
members of the Public Works Committee in-
dividually If any such offer was made to
them. In no case did any such impropriety
occur. These members tell me. further, that
Mr. Karr did not even bother to check the
accuracy of this allegation with them before
printing It.
Another unwarranted suppKieitlon : ". . . the
Rules CJommlttee, prodded by highway lob-
byists, . . . ruled th&t the mass transmit
amendment wasn't germane . . . the admin-
istration got the House Parliamentarian to
agree to overrule the committee . . . the high-
way men went to work again. The House
Parliamentarian was instructed to uphold the
point of order." Wrong. It was not that way
at all.
The truth : It was not the "highway lobby"
but the House rules which rendered the
amendment ungermane. Slniiilar amendments
had been held out of order in previous years.
Proponents of the amendment recognized
this fact, tried to get a rule waiving the
valid point of order. The House member-
ship turned them down. The ruling against
the amendment was made by Acting Speaker
Morris Udall, a proponent of mass transit.
As for veteran House Parliamentarian Lew
Deschler, he is above all an honorable man,
not amenable to pressure from either ■'ad-
ministration" or "highway lobbyists." He de-
serves better treatment than your writer ac-
corded him. He deserves at least an assump-
tion of honesty.
Perhaps there Is a place for so-called ad-
vocacy Journalism which editorializes in the
news columns. But It should not extend to
representing the reporter's own suspicions as
supposedly factual accounts attributed to un-
named "sources" and "observers." Above all,
it should not extend to the glib attribution
of craven and selfish motives to those who
simply disagree with the reporter. The as-
sumption that all who express a differing
viewpoint are bound to be charlatans and
crooks Is, after all, much too Juvenile for a
newspaper like the Journal on which people
rely for accurate and balanced news cover-
age.
Whether rightly or wrongly, many of us
very earnestly believe that there are perfectly
valid reasons for preserving the Highway
Trust Fund Intact. Aside from a good faith
obligation to the American motorists who
pay those road-user taxes for better and safer
highways, the economic and social well-being
of the country as a whole depends upon our
upgrading the nation's highway system. Last
year. 55.000 Americans lost their lives in
automobile accidents Safer roads could have
saved some of this needless carnage, as dem-
onstrated by the Interstate System which —
measured by each million passenger miles
traveled — cuts highway fatalities approxi-
mately In half.
It is not that we oppose mass transit.
Most of us on the Public Works Committee
strongly favor it. We see no resison why safe
highways and viable mass transit should be
euchred into an artificial competition with
one another. They should complement one
another. The country needs both. We think
It can afford both. V
If your reporter dlsagrMs with us, that is
his privilege. But this really should not give
him license to misrepresent our motives or
portray us to the nation as a collection of
unfeeling rubes and selfish sycophants who
let some amorphous "lobby" do our think-
ing for us. The Journal Is too good a news-
paper for that tj-pe of childish reporting.
Sincerely.
4 Jim Wright.
^ END THE WAR NOW
(Mr. BADILLO asked and was given
permission to address the House for 1
minute, to revise and extend his re-
marks.)
Mr. BADILLO. Mr. Speaker, it is now
apparent to everv'one that President
Nixon deliberately misled the American
people into believing that peace in Viet-
nam was at hand 3 months ago. It is
818
CONGRESSIONAL RECORD— HOUSE
apparent that despite Dr. Kissinger's
optimism, the critical question of free-
ing American POWs was not the sub-
ject of any form of agreement. And it is
apparent that President Nixon is carrying
out a campaign of vengeance against
North Vietnam because of the political
embarrassment he has suffered.
All this simply demonstrates once
again the urgent necessity for Congress
to end this war. The President will not
end it; his goal continues to be military
victory. President Thieu apparently will
not help to achieve a settlement; his
goal is to consolidate his own political '
power. . J
In the'name of all that is decent and
nKJral, we in Congress must end this war
by cutting off entirely and immediately
the funds necessary for its prosecution.
We must not let the devastation of Viet-
nam continue. We must not let the mili-
tary delude us into believing that North
Vietnam can be bombed into submission.
We must not let one more American lose
his life in the name of a senseless military
adventure that does not involve our own
national security or interest in the
sliehtest.
No better example of the administra-
tion's perfidy regarding this war and the
prospects for peace could be asked than
the admission this week by Defense Sec-
retary Laird that at the time of Dr. Kis-
singers optimistic news conference, there
was no agreement on POWs with the
North Vietnamese. Dr. Kissenger led the
American people to believe that an agree-
ment on ending the war was 99 percent
completed and that only a few technical
details must be ironed out.
As my colleague from New York (Mr.
PiKE' put it in questioning Secretary
Laird on Monday, if the POW issue was
part of the 99 percent, and if the South
Vietnamese are able to defend them-
selves, why Is it necessary to bomb North
Vietnam with B-52's. F-lll's and other
aircraft that would not be turned over to
South Vietnam when U.S. forces leave?
The answer is that the only reason
for the unprecedented and barbaric
bombing is that it is the only course the
President knows to achieve his goal. He
may be attempting to convincsr North
Vietnam that he has absolutely no res-
ervations at all when it comes io the
use of military force. But actually he is
only convincing everyone that he is dan-
gerous, reckless, and devoid of human
concerns.
We can go on bombing and killing and
wasting lives and dollars, but unless our
goal is to annihilate Vietnam totally, we
must understand that there are historical
forces at work that will determine the
political future of that country after we
leave, and those forces have nothing to
do with the United States.
It falls to us, the Congress, to choose
the responsible course, to pursue those
goals that are proper and achievable in-
stead of unleashing our military might in
frustration over our inability to achieve
goals which could not be achieved and
should not have been sought.
HOSPITAL ACCREDITATION AKD
HOSPITAL PROBLEMS
(Mr. SA'XXiOR asked and was given
permission to extend his remarks at this
point in the Record and to include extra-
neous matter. )
Mr. SAYLOR. Mr. Speaker, after ad-
journment of the 92d Congress, the
Washington Post carried a most interest-
ing and informative series of articles on
hospital costs and the operation of hos-
pitals in the District of Columbia. The
series, which was in six parts, first ap-
peared on October 29; related articles
and editorials were also printed during
the same period.
Most of the attention of the series was
directed at the Washington Hospital Cen-
ter, a facility which is fully accredited by
the Joint Commission on Accreditation.
The Center seems to have completely
ignored the alleged existing deficiencies
described by the Post, and this hospital
is the largest medical installation in the
Nation's Capital.
The Members will recall that during
the previous Congress — on August 17 —
I introduced three bills— H.R. 16434, H.R.
16435. and H.R. 16436 — which incorpo-
rated proposed changes in the accredita-
tion procedures of medical facilities. My
remarks at the time appeared in the
Congressional Record on pages H7934
through H7940.
The series of articles which appeared
in the Washington Post after my state-
ment in the 92d Congress, make the
legislation more pertinent than ever. I
am. therefore, reintroducing these meas-
ures in the 93d Congress with the con-
fident expectation they will be acted
upon by the appropriate committees of
both Houses of the Congress.
The articles follow:
Abuses Pad Cost of HosprrxL Center Care
(By Ronald Kessler)
Patient bills at Washington Hospital Cen-
ter are Inflated by a variety oX abuses that
include conflict-of-interest transactions by
trustees and administrators, payments to
doctors of profits of the hospital, favoritism,
lack of competitive bidding, and free care to
the rich, a Washington Post iLvestigation
has found.
Many •f the conflict-of-interest trans-
actions Involve some of Washington's largest
banks and businesses. The transactions in-
clude :
Establishment by the hospital's treasurer
of an interest-free account with balances
frequently hovering around $1 mUUon and
ranging up to $1.8 million at a bank where
the treasurer was a vice president;
Funnellng of stock brokera§,e business of
the hospital's Investment committee to the
son-in-law of a trustee;
Funnellng of other stock brokerage busi-
ness to a stock broker who also heads the
hospital's investment committee that de-
cides when the stock should be bought or
sold;
Formation by the hospital's administrators
of a company whose flrst contract, amount-
ing to $616,000 last year, was with the hos-
pital and was awarded without competitive
bidding or approval by the hospital's board
of trustees.
The conflicts of interest at various times
have Involved 10 of the 38 current trustees
of the hospital. The conflicts appear to be a
direct violation of D.C. law. which prohibits
trustees of charitable Institutions that re-
ceive any federal money from doing business
with the Institutions. The penalty provided
in the law is that trustees who are In con-
flict must resign.
The hospital is idcorporated as a charitable
institution under DC. law. About a third
of its ojjeratlng Income comes from the fed-
eral government through Medicare, Medic-
aid, and other health insurance programs.
January li, 1973
Its buUding was constructed in 1958 with t
$24 million special congressional appropru.
tlon, and It since has received some $i nill-
llon in additional federal construction grant*
and loans.
Washington Hospital Center is the Wash,
ington area's largest private, nonprofit hoe
pital. Its nearly 900 beds make it one of the
largest hospitals in the country. Its 2 500 em-
ployes make It one of the area's largest biuil
nesses.
In the center's 16-year existence, it hH
built a reputation among doctors and in-
dependent health experts for giving above-
average medical care for the Washlnirton
area.
Samuel Scrivener Jr., a Washington Hoe-
pltal Center trustee who serves as its vol-
untary president, characterizes any current
conflicts of interest at the center as "incon-
sequential when the hospital center is viewed
as a whole." He says if more serious abuses
are found. "I hope you wlU publish them,
and we will take action to cure them."
The details of the conflicts of Interest at
Washington Hospital Center, how these and
other abuses add to patient bills, and how
the true cost of hospital care is hidden by
bills that bear no relationship to actual costs
will be spelled out In a series of six articles
beginning today.
Many of the abuses that add to hospital
costs at the center are common at hospitals
throughout the country. They help explain
why hospital charges have skyrocketed by
110 per cent since 1965, while prices of other
consumer goods and services increased in the
the same period by 27 per cent. The hospital
center provides a concrete example of how
this has happened.
To a growing niimber of critics, the sky-
rocketing costs and evidence of abuses are
merely a symptom of a larger malady: hos-
pitals' lack of public accountability, either
through government regulation or the forces
of competition.
"Hoepltals are built with public money and
supported by public money and given tax
subsidies and contributions, but they're run
as private fiefdoms for the doctors, admin-
istrators, and trustees," says Marilyn G. Rose,
the head of the Washington oflBce of National
and Environmental Law Program, a govern-
ment program for the poor.
"If the public knew what was going on in
hospitals and how much they are gouging.
they'd be outraged," says Herbert 8. Denen-
berg, the Pennsylvania Insurance commis-
sioner who has become a leading consumer
spokesman.
Ralph Nader, the consumer advocate, calls
hospitals a "sublegal system unto them-
selves." And Dr. Arthur A. Morris, treasurer
and vice president of Doctors Hospital m
Washington, says the lack of public »<•-
countablllty and public controls of hospitals
Is "unprecedented and unbelievable."
Hospitals were once generally strictly char-
itable Institutions In the sense that they dis-
pensed laree amounts of free care to the poor
and were run by religious groups or pubUc-
spirited citizens who contributed money to
their operations and served as volunteers in
the wards.
With wider private health insurance cover-
age and the advent of the federal health in-
surance programs for the poor and ajred,
Medicaid and Medicare, hospitals have be-
come bis: business. Contributions and free
care to the poor account for a minor part of
their operations, and close to half their In-
come from federal, state, and local govern-
ments, which also run some of them.
Despite the change In their nature, there
has been no compensating chanpe in t^-e wm
hospitals are regulated or controlled. "When
you have this much money passing through
with no accountability and no competition,
it's a wide open field (for trustees, adminis-
trators, and doctors)." says Anne R. Somers.
a Rutgers Medical School assocUte professor
January 11, 1973
CONGRESSIONAL RECORD — HOUSE
819
Unlike publicly-traded companies regu-
lated by the Securities and Exchange Com-
mission or labor unions regulated by the
Labor Department, hospitals aren't required
by law to disclose dealings between them-
selves and their officers, directors, or trustees.
Nor are they required to make detailed dis-
closure of their finances.
While foundations are prohibited entirely
from engaging in transactions with their own
officers, hospitals are free to do so — subject
10 state laws, such as the D.C. act mentioned
previously, and the possibility of civil suits
that may be filed against trustees for breach-
ing the trust the public bestows on them.
More than 90 per cent of the hospital ad-
missions in the country are to nonprofit, pri-
vate ho.spitals. These hospitals comprise
about half the 7,097 hospitals In the nation.
Nonprofit hospitals do make profits, but to
qualify for an Internal Revenue Service ex-
emption from paying taxes, they must turn
their profits back into the hospital, rather
than giving It to trustees or employees.
These hospitals are paradoxical in other
ways. They are often built in whole or In
part with government money, and they are
as necessary to the public health and welfare
as fire stations. Yet they are legally private
Institutions, run by trustees who generally
elect themselves.
Washington Hospital Center's trustees are
elected by 131 incorporators originally con-
nected with the three hospitals that merged
to form the center in 1958. Many of the
trustees are also incorporators.
Despite the public nature of the hospital
center's operations and financing, many of
its trustees reacted with indignation when
questioned about these areas.
"I believe how I vote is not explicable to
you and not necessarily to the public," says
br. Jack J. Rheingold, a hospital center
trustee and a member of the center's 10-man
executive committee and of its medical staff.
Other trustees, taking the position that the
affairs of the center are none of the public's
business, simply hung up at the beginning of
telephone conversations.
Several of the hospital's own trustees have
complained thf%t they have fallen victim to
this penchant for secrecy and have been un-
able to get information they need to vote in-
telligently. A mantigement consultant's report
Issued to the hospital last year similarly
found that power at the hospital is too tight-
ly concentrated in the hands of its adminis-
trator.
To the patient, the first and probably oiUy
brush with hospital costs and financing Is
the bill he receives at the end of his stay. The
bill lists mysterious terms and charges that
can quickly add up to thousands of dollars.
But although patients may think the prices
are outrageous, they usually do not complain,
even if it would do some good.
This is because some 87 per cent of the $30
billion collected by all short-term and long-
term hospitals in the country last year was
paid for by so-called third parties: Blue
Cross, Medicaid and Medicare, and commer-
cial health insurance companies. Although
some patients must pay their bills In cash
and may go into debt to do it. most are only
dimly aware that they eventually pay their
bills through higher Insurance premiums and
taxes.
Hospital administrators like to say that
their costs are closely regulated by the third
parties and particularly by the government.
But when pressed, they generally concede
that the Insurance plans, if anything, have
an opposite effect.
"The incentive (from insurance plans) is
to raise costs." says Dr. Morris of Doctors
Hospital.
"When one steps back and takes a hard.
detached view of the health care system." says
Walter J. McNerney, president of the na-
tional Blue Cross Association Inc. In Chicago,
"one sees a system relatively unchecked by
the lash of competition on the one hand and
financed largely on a cost-plus . . . uncritical
way on the other."
Cost-plus is the method that Blue Cross,
Medicare, and Medicaid generally use to re-
imburse hospitals. It means they are reim-
bursed for the costs they incur p. us an extra
payment for profit, something that other
businesses cannot expect unless they keep
their costs below their revenues.
"If there were insurance to cover the costs
of newspapers, and for every dollar The
Washington Post spent it knew It would get
reimbursed, your costs would go up, too,"
says Dr. Martin S. Feldstein, a Harvard Uni-
versity economics professor and author of
"The Rising Cost of Hospital Care."
The third party payers spend millions o*
dollars each year to audit tiie books of hos-
pitals. But according to one Washington area
hospital accountant, "The majority of hos-
pital CPA (certified public accountant) firms
don't understand the intricacies of cost re-
ports and Blue Cross and Medicare regula-
tions."
He says It is nearly Imftosslble to keep track
of the new regulations Medicare puts out al-
most weekly. The Junior accountants sent
Into the hospital don't understand the regu-
lations, and the partners at the office don't
. look at the books, he says.
A single hospital expense may be audited
as many as six different times by as many
levels of reviewers, from a hospital's own
Independent auditors to the Department of
Health, Education, and Welfare and the Gen-
eral Accounting Office, the accountant says.
But he says they generally don't know
what they are lookmg for, and when they
do, the result is often given with a yawn.
One of dozens of recent OAO reports on
Medicare and Medicaid operations reported
that 12 hospitals had overcharged the fed-
eral government by $560,000 under the head-
ing, "Problems Associated with Reimburse-
ments to Hospitals for Services Furnished
under Medicare."
If the costs of all the auditing, bUllng, and
paper shuffiing were added up, "the plcturw
of appalling waste would make you sick,"
says John R. Gadd, executive director of Lee
Memorial Hospital in Fort Myers, Fla.
But if the accountants have difficulty un-
derstanding hospital finances, the patient la
worse off.
A tjrpical bill from Washington Hospital
Center for a maternity stay Includes charges
like these;
"React RM over ^^ hour — $40.00; Pltocln
IML INJ— .70; maternity kit — 5.00; hazel
balm 2 oz. — 3.35; anes mat over 1 hour —
18.00; hemoglobin hemato — 4.00; pelvl-
metry^27.50."
The total for a four-day stay in a seml-
prlvate room was $575.70. or $144 a day.
Other hospital center bills list such charges
as I V fiuld start, intracath. choral HTD SY,
and orunlt (day) addlt 30-MI.
Even if the abbreviations were spelled out
and the terminology deciphered, the patient
would not have any better understanding of
the actual costs Incurred by the hospital for
his stay.
The reason is that any relationship be-
tween the charges on the bill and the actual
costs of providing the services charged for is
purely coincidental. As a result the charges
that mystify and confound hospital patients
often, in fact, mean nothing.
A hospital's actual costs for providing serv-
ices are figured by departments within the
hospital. At the hospital center last year, for
example, the laboratory department, which
performs tests, had total expenses of $2.3
million.
But the department's total Income or reve-
nue from charges to patients for tests p>er-
formed was $4.8 million, a markup over ex-
penses of $2.5 million, or 109 per cent.
Translated to the charges that appear on
patient bills, the 109 per cent markup means
a complete blood count priced at $7 actually
costs $3.34. A routine urinalysis priced at $5
actually costs $2.39.
Charges for x-rays are similarly marked
up by 67 per cent, for abortions by 125 per
cent, and for drugs by 107 per cent.
Even these figures do not Illustrate the full
extent of the disparity between hospital
charges — or prices charged to patients — and
actual costs of providing the services.
The 107 per cent drug markup, for exam-
ple. Is based on total pharmacy department
expenses that Include depreciation on the
part of the hospital's building that it occu-
pies. Depreciation Is money set aside In In-
vestments for future remodeling or replace-
ment of buildings.
The following table shows the full markup
on four pills commonly dispensed by the
hospital center pharmacy:
Drug
Price paid
by hospital Price paid Marl> up
center by patient (percent)
Terramycin,250 mg... 10.15 SO. 3S 133
Librium, 5 mg .004 .10 Z. <00
Sudated 60mg .029 .10 245
Ornade Spansiile .086 .20 133
^i:
What happesfi-te the excess profits from
the markups? It is used to subsidize other
hospital departments that operate at a loss.
Some of these departments are those that
treat patients for kidney, dental, blood, and
gynecological problems. Charges in these de-
partments are underpriced by 58 per cent to
831 per cent.
Despite the strange disparities on charges
for individual services, the total charges
made by the hospital during a year do not
exceed the total expenses incurred by the
hospital during the year (except for a rela-
tively small amount set aside for profit) .
But a patient who has a stomach problem
or wants an abortion is overcharged to sub-
sidize a patient with a kidney aliment. And
no patient has any way of judging whether
the charges he is paying apf>ear to be Justi-
fied by the services received.
Like many hospital administrators. Rich-
ard M. Laughery. administrator of the hos-
pital center, concedes that what he calls the
"Robin Hood" effect is Inequitable, and he
says there is no Insurmountable obstacle to
pricing services in line with costs. But he
says these changes take time.
Dr. Morris of Doctors Hospital suggests
another reason for hospitals' reluctance to
price services realistically. He says that if
patients knew the true costs of the services
they pay for, they would "apply more pres-
sure on hospitals to reduce costs."
A nationally-known hospital consultant
points out that generally It Is the more eso-
teric services that are overpriced, while the
services that patients might understand are
generally underpriced.
"The more mysterious the service, the
higher the hospital can charge ar.d get away
with It," he says.
"Hospitals try to keep room charges down
because this is a charge the patient can un-
derstand: he's been in a hotel t)efore. it has
four walls and a bed. The x-ray. on the other
hand, is a big mystery The patient doesn't
bat an eye at paying $30 for a $2.50 picture.
And If he's given 20 other charges for mys-
terious ser\'ices. he doesn't object because
there seems to be so much of It," he says.
In some general way. a patient who gets
a $25 bill for a doctor visit can measure the
charge against the time the doctor spent with
him and the hourly compensation for other
professionals. But a patient given a $25 bill
for an "SMA-12" laboratory test has no way
to Judge whether he is being overcharged,
Washington Hospital Center Is partlcularlv
prone to what the consultant calls "nickel
and dlmlng."
Its $59 charge for a semlprivate room — the
1
820
1st 5
CONGRESSIONAL RECORD— HOUSE
January 11, 1973
01 le Item that can easily be compared with
p ices of other area hospitals — Is about in
tl e middle of the room charges made by
01 her hospitals in this area.
But this comparison l^mlsleadlng, because
01 ily 43 per cent of the cemir's Income comes
U Dm the room charge. The rest comes from
cliarges for lab tests, x-rays, anesthesia,
d: ugs. supplies, use of operating rooms, and
01 her services and procedures.
Hospitals have a method of totaling all
tl e charges and costs for an average dally
pi itient stay. This figure bears little rela-
ti msblp to the bills that patients receive,
a: id many hospitals guard the figure Jeal-
oiisly.
Yet it is the best and probably only way
ol determining true costs of hospitalization.
A id it is the only way to compare one hos-
pi:al's costs with another.
When this comparison is used, the hospital
c« liter's costs are fourth highest among the
2( Washington area hospitals that report
tl-etr data on a confidential basis to a re-
se wch council supported primarily by the
H ispital Council of the National Capital Area
Ire. an association of local hospitals. The
cc sts for all 20 hospitals are shown in the^
a( companying chart.
Hospital bills also don't disclose a number
ol other costs that have nothing to do with
medical care. The average dally charge to
pttlents at the hospital center last year was
8170 (Including a small amount of miscel-
la leous income i . '
Patients who paid this ^Mnount unknow-
ln?ly spent $8 for educating nurses and doc-
tors. $3 for employee ancrdoctor cafeterias.
$8 for other patients who didn't pay their
bi Is. $5 for profit to be used for expanding
or remodeling the hospital, and t20 for var-
io js discounts, charity care, and free care
to the rich.
\ major discount, typically ranging up to
8 )er cent of costs, Is given to Blue Cross by
he spltals throughout the cotmtry. Commer-
cli A Insurance carriers, on the other hand,
ge: no discount.
rhe effect of the discount Is that patients
wl lo pay cash or have commercial Insurance
hfive to pay more to subsidize Blue Cross
patients.
^Vhy Blue Cress gets a discount Is not clear.
Jose A. Blanco Jr., the hospital center's for-
mi ir controller, says the reason more than
arythlng Is tradition. Blue Cross says It gets
a ilscount because Its coverage of a large
ni mber of patients simplifies hospital bUl-
In ! and Insures payment. Others say the
re kson Is the historically close tie between
Bl Je Cross and hospitals.
Whatever the reason, these and other dis-
co ants Introduce another Inequity Into hos-
pl al charges and ftirther obscure true costs.
\nother expense that hospital center pa-
tlents unknowingly pay for Is free care to
th; rich. Last year, this expense — called
"ourtesy care" — amounted to $21,000, or an
ex ra 62 cents on the total average patient
bill
rhe total average patient bill Is based on
average stay by hospital center patients
year of 7 8 days. In an Interview. Lotigh-
denled s^ich a thing as courtesy care ex-
But Blanco, now a financial consultant
the center, said the 821.000 was for free
to trustees and other friends of the
ce^iter who are not char*d as a favor. Other
employees of thl center said some
also ask that therr friends be given
care.
>ne of those who received free care above
coverage provided by his insurance was
Ivener, the center's president. Scrivener, a
who Is vice chairman of Perpetual
Blinding Association, the Washington area's
lai gest savings and loan association, said he
sa'ir nothing wrong with getting the free
cae. since he contributes his time to the
ho ipltal.
Juch of the free care Is provided In a
sp !clal suite of 12 rooms that other paying
an
la!
ery
Isl
to
service
ce: Iter \
foi mer
trustees
free
th(
Sc'
lai rver
patients of the hospital subsidize by an ad-
ditional 842.500, or $1.25 on the total average
patient bill. The subsidy occurs because the
rate of profit of the special suites is lower
than that of the other wcu-ds in the hospital.
The special rooms are called the VIP suites.
They were built In 1967 for 8500.000 taken
from the op>erattng funds of the hospital.
Each room Is about twice the size of the
average hospital accommodation and has
fold-out sofa beds for overnight guests, wall-
to-wall carpeting, balconies, floor-length pic-
ture windows and drapes, color television
sets, kitchenettes, and Grecian baths.
Pood for VIP patients Is prepared by a spe-
cial gourmet chef In a separate kitchen. The
menu features fllet mlgnon and lobster tails,
and patients can select from a wine list.
Meals are served on chlnaware with silver-
ware and crystal glasses.
A patient who specially requests one of the
rooms is charged 897 to 8112 per day. com-
pared with 872 for a standard private room.
The patients also must pay an extra 880 a day
for private nurses.
Loughey said the suites were built to at-
tract wealthy patients who otherwise might
go to Boston or New York for hospital care.
These patients, he said, may leave money to
the hospital in their will. He conceded only
850.000 in contributions could be traced to
the suites since they were built.
Former D.C. City Council Chairman Gil-
bert Hahn, Jr.. the former hospital center
president responsible for building the suites,
declined^o comment.
The free, luxury care given the rich con-
trasts sharply with the treatment given hun-
dreds of poor patients who do not have Blue
Cross or other means of paying for their hos-
pital stay and so-e turned away from the hos-
pital center's emergency room for that reason.
These patients are not given free care. In-
stead, they are transferred to the emergency
room of DC. General Hospital, the city hos-
pital, usually by ambulance.
Other hospitals In the city also transfer
patients to D.C. General because they can-
not pay and because a congressional appro-
priation for charity care In the District
doesn't cover the costs of caring for the
patients.
But although other hospitals transfer even
more patients, more patients died within 24
hours of being transferred from the hospital
center In the two years ended last July than
from any other hospital, D.C. General sta- »
tistlcs indicate.
The number who died was 14. according to
statistics reported by Dr. Eliza J. Taylor, chief
medical officer of D.C. General's emergency
room.
The hospital center's transfers, unlike
those of other hospitals, are made "abso-
lutely without regard for condition," charges
Dr. Martin C. Shargel, a former D.C. General
house staff president who testified about the
problem in a 1969 City Council hearing.
Dr. Shargel says the patients transferred
were almost exclusively indigent and black.
They were sometimes In the process of dy-
ing when they arrived at D.C. General, he
says.
"Nobody In his right mind would transfer
patients like that," he says.
The chief of the hospital center's emer-
gency room. Dr. James D. Head, concedes
most of the transfers are made because the
patients can't pay. But he says every effort
Is made to transfer only those patients who
can stand the trip and the delay In getting
treatment.
When a patient dies several hours after
reaching D.C. General, "We pull the charts
out and see if anything could have been
done." he says.
CoNTLiCT OF Interest Marks HosprrAL
Cekter Management — n
(By Ronald Kessler)
"Youll get a better deal with friends than
with strangers."
I
This Is the philosophy that has guided
Thomas H. Reynolds while managmg Wash-
Ington Hospital Center's financial affairs for
most of the center's 15-year existence.
one of the friends that Reynolds did
business with was American Security & Trust
Co., Washington's second-largest bank. But
whUe the bank got a good deal by doing
business with the hospital, it is clear the
hospital, and its patients, got a bad deal by
doing business with the bank.
Until two years ago. the hospital's balances
In an American Security checking account
typically hovered at around 81 million and
ranged as high as $1.8 mllUon. The account
paid no Interest — so the bank had the use of
the money at no cost.
Using the most conservative assumptions,
the hospital lost at least $50,000 a year in
interest it otherwise would have received.
Indeed, after the banking arrangement was
changed and the balances were lowered, the
hospital took in annual Interets of 882,000
.<:\t it hadn't previously received. Jose A.
aianco Jr., former controller of the hospital,
attributes tha", largely to the elimination of
the Interest-free policy at American Se-
curity.
An annual 850,000 loss of Interest amounts
to an extra 81. 50 on the average patient bill
at the center.
Reynolds concedes he was the one who
placed the account at American Security and
set the policy that sent the hospital's bal-
ances there soaring above 81 million. He says
he feels the policy was "prudent."
Reynolds Is hardly a disinterested party.
Until he retired last year, he was a vice
president and the second man In charge of
the trust department at American Security.
The Interest-free policy was changed when
several non-banker trustees of the hospital
warned of the possibility of civil suits against
the trustees If the Information ever got out.
However, there is evidence that the new
arrangement with American Security con-
tinues to favor the bank at the expense of the
hospital.
Asked about relations between the bank
and the hospital, Joseph W. Barr, president
of American Security, referred all questions
to the current treasurer of the hospital, John
E. Svmiter Jr.
"I dont want to comment," Sumter said.
"All I know is the hospital is running well,
and utilizing Its money well, and It stands
on Its record." As for the Interest-free mon-
ey, Simiter said. "I don't know anything
about a 850.000 loss."
Sumter Is senior vice president for com-
mercial loans at American Security.
To many critics Inside and outside the
hospital industry, such conflicts of interest —
and the detrimental effect they can have on
a hospital — Ulustrate the lack of public ac-
countability of hospitals and explain In large
part why hospital costs have skyrocketed.
"What the hospitals don't realize Is that
they're supposed to be run for the public."
says Herbert S. Denenberg. the Pennsylvania
Insurance commissioner who has Investi-
gated hospital trustees' conflicts of Inter-
ests In his state. "The bankers on the boards
think they're run for themselves." he says.
At various times, 10 of the 38 trustees of
the hospital center, and four former trustees,
have been Involved In conflicts of Interest
when they or their companies did business
with the hospital, a Washington Post inves-
tigation has found. Often the business was
given to the trustees at their own direction.
A conflict of Interest, according to Nathan
Hershey. coauthor of the Hospital Law Man-
ual, a standard reference work used by the
hospital center's own attorneys. Is when a
hospital trustee does business with the hos-
pital, automatically giving him conflicting
Interest on both sides of the transaction.
The hospital center's conflict-of-interest
dealings. The Post has found, have ranged
from catering contracts to malpractice insur-
ance to purchase of stock of local banks by a
trustee committee composed primarily of offl-
January 11, 1973
CONGRESSIONAL RECORD — HOUSE
821
cers and directors of those banks, who also
generally have personal holdings In the
banks.
DC. law speciflcally prohibits any trustee
of a charitable Institution that receives any
federal money from doing business with the
institution. The hospital center Is Incor-
porated In D.C. as a charitable Institution,
and it gets about a third of Its operating
funds from the federal government through
Medicare, Medicaid and other programs. The
D.C. law requires that trustees in conflict
resign.
Common law. based on court decisions,
places a heavy responsibility on trustees to
avoid impropriety or the appearance of Im-
propriety. The reason Is that trustees in
charge of an organization's financial affairs
or an individual's investments are not di-
rectly accountable to anyone — except them-
selves.
The relationship and underlying laws are
explained this way In a legal memorandum to
the hospital center from its counsel. Hogan &
Hartson :
"The first obligation of the trustee Is to
the well-being and security of the corpora-
tion, and he Is not entitled to benefit per-
sonally, directly or Indirectly, to the detri-
ment of the corporation. If he does, he Is
subject to suit by the corporation, an inter-
ested party or group who can show damage
relating to his conduct, or the United
States . . ."
Courts have ruled that fraud Is so easily
disguised that trustees' transactions with a
hospital may be Illegal even if they appear
to benefit the hospital, says Hershey, the co-
author of the Hospital Law Manual.
"A trustee doing business with a hospital
is in a conflict of Interest, and if he doesn't
abstain from making the decision to give
himself the business of the hospital, or If It
Is detrimental to the hospital. It Is clearly
illegal." says Hershey, who also is president
of the American Society of Hospital Attor-
neys.
Hershey says that in addition to abstaining
from voting on or Influencing a decision to
give himself business, a trustee in a conflict
situation has a legal obligation to fully dis-
close the details of the transaction and his
position on both sides of It to the public.
He says the contract should also be let out
for competitive bids.
At the haspltal center, competitive bidding
was sought for only one of the transactions
Involving conflicts of Interest by trustees.
In the one exception, the bidding was limited
to those banks — American Security. Riggs
National Bank, and Union Trtist Co. — whose
officers are trustees of the hospital.
There Is no evidence that any of the
trustees Involved in the conflicts abstained
from voting or participating In the deci-
sions, and In several Instances there Is evi-
dence that the trustees Involved In the con-
flicts themselves made the decision to give
themselves the hospital's business.
There Is also no evidence of any public
disclosure of the conflicts. Indeed, many of
the conflicts have been carried on In such
secrecy that other trustees say they were un-
aware of them, and some of the trustees
Involved In the conflicts refused to discuss
them when asked to do so by this reporter.
One such trustee Is George M. Ferris, Jr.,
president of Ferris & Co.. a local stock broker-
age firm. One of the firm's Virginia brokers.
Michael G. Miller, Sr., is the broker who buys
and sells the stock hold by the hospital's
84.5 milUon pension fund.
Why was Miller, a Virginia broker rela-
tively new to the business, chosen by the
center to receive commissions for buying and
selling Its stock? Sumter, of American Secu-
rity, which administers the pension fund,
concedes Miller was picked by Reynolds, who
Is Miller's father-in-law.
Miller declined to comment on the mat-
ter, and Ferris refused to say how much he
or Miller received last year for buying and
selling the stock. "I don't see any reason we
should cooperate with such an article," he
said.
Another hospital trustee, Robert W. Flem-
ing, said it would be too difficult for him to
compute how much money he received from
the center last year.
As executive vice president and secretary of
Folger, Nolan. Fleming, Douglas, Inc.. an-
other local stock brokerage house, Fleming
is the broker who buys and sells most of the
stock for the center's 84.4 million general
investment and endowment fund.
As chairman of the center's six-man In-
vestment committee, Fleming Is also one of
the trustees who decides when to buy and
sell the stock on which he receives commis-
sions as broker.
Fleming says he sees no conflict of Interest
In his dual role. He says he doesn't see why
he should't get the business if he can do the
Job as well as anyone, and if his rates are
the same as any other broker's, as they are.
Hershey, the president of the American
Society of Hospital Attorneys, says a trustee
who benefits personally from his own deci-
sions made as trustee cannot be eis objective
In making those decisions as the law re-
quires him to be.
Such a trustee also may hesitate to ques-
tion the business dealings of another trustee
in a conflict of Interest, or to be as firm with
the administrator of the hospital as he
should be If the administrator is cooperating
in funnellng him the hospital's business,
Hershey says.
Finally. Hershey says, a trustee doing busi-
ness with a hospital erodes public confidence
in the hospital.
The evils of conflicts of interest by hospital
trustees are so obvious, says Jay H. Hedge-
peth. general counsel of the American Hos-
pital Association, that the AHA has no prin-
ciple banning such transactions "any more
than one saying that hospitals must file tax
returns or not murder." Hedgepeth adds that
when trustees refuse to disclose details of
their conflicts of interest, "that's usually a
sign that they are afraid the truth will make
them look bad."
When first asked about the Interest-free
account at American Security, Reynolds
denied Its existence, saying the only way
to prove that the balances were high was to
see bank statements.
He subsequently conceded the balances
often exceeded SI million, and he said this
was because It was his policy to keep enough
money In the account to cover the financial
needs of the center for two weeks of opera-
tions. Reynolds said any other policy was
not "sound," and Sumter, of American Se-
curity, defending the previous policy, said
it was "what all businesses do. The ones that
don't pretty soon go out of business."
Talks with other American Security vice
presidents not connected with the hospital
center revealed a different picture.
The American Security official in charge of
checking accounts. O. W. Chapman, vice
president for operations, said it has been
"rare" since 1964 or 1965 for businesses
to keep large sums in interest-free checking
accounts.
As a standard practice, he said, they leave
In the accounts only enough money to
cover the checks presented for payment each
day. This Is In contrast to Reynolds' policy
of keeping enough In the account to cover
two weeks of payments.
To further take advantage of the money.
Chapman said, the businesses work on the
"float" in the account. This Is the money
that accumulates In the account between
the time a check Is written and the time It
Is presented for payment at the bank after
being cashed and making Its way through
the nation's check-clearing system. Rey-
nolds said he did not believe using the float
was a "sound economic" policy.
Chapman said the standard practice of
businesses la to call the bank each day or
to get a dally written statement so that
they know how much Excess money they
have and can Invest It for the beneflt of the
business.
"We encourage businesses to Invest this
money ( from checking accounts ) , because
If we don't, sooner or later the treasurer
will wake up and take the money out of our
bank altogether." Chapman said.
But the hospital center's treasurer at the
time was Reynolds, who said he was not
about to place the center's account at
another bank because American Security
"was my bank ... I don't take my per-
sonal account to some other bank."
After the mterest-free account was
stopped, the new method of handling the
hospital's money was worked out by Rey-
nolds' successor as treasurer. Samuel T.
Castleman. Reynolds left the treasurer's post
to become president of the hospital, and he
wa-. succeeded as president last year by
Samuel Scrivener Jr., a lawyer.
Castleman, the new treasurer, was also
an American Security senior vice president.
He decided that the new method of han-
dling the hospital's money would be to
transfer any excess In the checking account
to an Interest-bearing saving account —
at American Security.
Sumter succeeded Castleman as treas-
urer earlier this year after Castleman left
the country to become executive vice presi-
dent of a Nassau merchant banking firm.
Sumter claimed the new account at
American Security Is "favorable" to the
center. When pressed on this point, he con-
ceded the bank was not doing special favors
for the hospital center.
Despite Sumter's claim that the savings
account arrangement was a good deal, a dif-
ferent story again em.erged from talks with
other American Security officials not Involved
with the Hospital Center.
Chapman and other bank executives said
they have not heard of any business that
puts its excess checking account money in
savings accounts.
Instead. Chapman and others said, the
standard practice is to Invest the excess
money In short-term loans and other com-
mercial ventures.
A business or nonproflt organization "un-
questionably" would do better this way than
by placing the excess money in an American
Security savings account, said Michael F.
Ryan, an American Security assistant vice
president who performs this service for busi-
nesses.
American Security is one of four Washing-
ton banks that has been sued over allegedly
interest-free accounts placed in the banks
by Group Hospitalization. Inc.. the local Blue
Cross payment agency. The suit was filed-*y
a proup of government employees on behalf
of all such employes whose health coverage
Is with GHI. All the defendants have denied
the allegations.
Testimony before a House Government
Operations Subcommittee Indicated that all
but one of the banks had officers or directors
on the board of GHI.
Two of those named were also connected
with the hospital center. The American Se-
curity officer, the late A. Murray Preston, was
a trustee of the center and one of Its former
presidents. Another defendantj Justin D
Bowersock. chairman and chief executive of
Union Trust Co.. Is a trustee of the center
and member of its executive committee.
Union Trust also has one of the center's
accounts. "It had to go somewhere. They
asked If we wanted It. We made no effort to
get It." Bowersock said.
Bowersock said he found nothing wrong
with the previous checking-account policy
at American Security. "You absolutely cant
find a better bank." he said.
But some trustees felt otherwise. "It struck
me as a strange way of doing It," said Dr.
Charles W. Ordman, a member of the center's
medical staff and trustees' executive com-
8^2
mijttee. Dr. Louis Olllesple Jr., another triis-
and medical staff zzian, called the ac-
coiints "atrocious."
According to the congressional testimony
OHI's accounts, the balances were kept
by keeping enough money In the ac-
nts to cover two weeks of operations of
a policy similar to that favored by
on
hl^h
CO
Oltl
Reynolds. ~
1 Reynolds was one of 0ve members of the
cei Iter's Investment committee that decided
In 1959 to give a contract to n\anage the
In' estment accounts of the centeV, without
CO npetltlve bidding to Rlggs National Bank.
Wi shlngton's largest bank.
, 111 of the members who signed the cen-
tre ct had their own business dealings with
th I center. One of them, Frederick M. Brad-
lej . a senior partner of Hogan & Hartson. one
of Washington's most prestigious and power-
ful law firms, was also a director of Rlggs.
Ar other trustee who signed the contract
wi h Rlggs was Fleming, the stock broker,
wt o was the son of the then chief executive
of Rlggs, the late Robert V. Fleming.
Ifter the contract was signed, another
Rl [gs official Joined the Investment commlt-
te< — Frederick L. Church Jr., executive vice
prisldent of the bank and head of Its trust
de )artment.
Church said In an interview that Rlggs'
for managing the center's Investments
lower than the bank's rate for similar
ices to profit-making businesses and in
with Its rate to other nonprofit organl-
rai}e
is
S(
It
setv
n»
th
fr(
of
fre»
c
ge
sail
ri Uv
Ne »
pa.
Si
4
I
CONGRESSIONAL RECORD — HOUSE
January 11, 1973
zai ions.
Church conceded, however, that the Rlggs
rale Is higher than the rate charged by
An lerlcan Security for managing the center's
pension fund Investments. He also conceded
t some banks manage investment funds
of charge If the banks also have some
the checking accounts of a business,
lleferplng to the fact that American Se-
cu 1ty has the center's checking accounts,
Cbjurch noted pointedly that Rlggs doesn't
e any such additional business from the
hckpltal center.
( ;ould the hospital center save money by
oi isolldatlng its business at one bank and
ting more competitive prices? Church
he doesn't know.
' "he center's Investment committee gen-
■ y buys only those stocks listed on the
York Stock Exchange. But the records
the hospital show that after Church of
Joined the Investment committee, the
co^imlttee bought stock for the hospital in
companies listed neither on the New
nor the American Stock Exchanges.
■ "he two companies, whose stock is traded
the local over-the-counter market, were
and American Security,
t the time, all but one of the committee's
members were connected with Rlggs or
Acierican Security.
■ 'he American Security stock did excep-
lonally well, rising In value 185 per cent
frc m 1959, when some of it was purchased,
1970, when some was sold,
"he Rlggs stock, on the other hand, did
I eptlonally poorly.
"he hospital's records show that $9,957 in
stock that was purchased by the Invest-
commlttee. received as gifts, or trans-
from the center's predecessor hospitals
retained by the investment committee
until 1970. when it was sold for a profit of
135. a 25 per cent Increase.
contrast, the Increase in value during
same period of the average New York
Exchange security was 74 per cent, a
that would haveinette<' the hospital
$7^68 on the same investment. (Both com-
isons are exclusive of dividends.) The
money placed in a savings account at
cent simple annual Interest would have
produced $6,985.
Vhy didn't the committee sell the Rlggs
sttck years ago? Church, whose wife owns
st<ck in Rlggs. declined to comment on the
e
N
of
Rl*gs
coi n
tvk- )
Yo^k
in
Rlkgs I
six
/
t
f
to
ex
Rligs
m« nt
fet red
$2
:n
thi!
St(ick
rls>
sai ne
I er
grounds he Isn't the chairman of the Invest-
ment ccmmlttee.
He noted, however, that the savings ac-
count comparison didn't take Into account
the dividends the Rlggs stock paid.
Asked for the total dividends paid on
Rlggs stock. L. A. Jennings, chairman of
Rlggs, said he had looked into the Invest-
ments and found they were proper. As a
result, he said, he was "not going to aid you"
by providing the information.
"It will Just stir up people who don't know
anything about It," he said.
Subsequently, Church made available a
breakdown of dividends paid on some of the
Rlggs stock. Although the figures do not
cover the same time span as the comparisons
used in this story, they Indicate that the
Riggs stock did better than a savings account
would have done when the dividends paid by
the stock are taken into account.
As head of Rlggs' trust department, one of
Church's most Important functions Is act-
ing jis trustee for bank customers, bringing
hi* Into daUy contact with laws governing
trustees' duties and responsibilities.
Would Church buy stock In Riggs for a
Rlggs' customer whUe acting as his trustee?
No. Church said. Such a "self -dealing"
transaction Is barred by regulations of the
U.S. Comptroller of the Currency, which reg-
ulates national bank trust departments.
Church said. In addition, he said, "A per-
son should not engage In self-dealing under
common law. You can't serve two masters at
the same time."
Is acting as trustee for the hospital center
and buying stock In his own bank serving
two masters? Church said he didn't think
the two positions were comparable.
Sumter, who says he also owns stock in
American Security, also acknowledged that
thI bank would be prohibited from buying
stock In Itself unless directed to do so by a
customer of the trust department. But he
said the situation couldn't be compared with
the hospital center because the trustees who
bought the American Security were not act-
ing as trustees but rather as "members of a
committee "
Another trust law expert who signed the
contract with Rlggs and was a member of
the Investment committee when It bought
stock In American Security & Rlggs is Brad-
ley of Hogan & Hartson. Last year, Hogan &
Hartson received $107,000 from the Hospital
Center for legal services rendered.
Bradley declined to discuss whether his
position as trustee and counsel presented a
conflict. "I do not give newspaper Interviews.
I have no Intention of discussing it with you,"
he said.
(Bradley became a trustee emeritus ear-
lier this year but continues to have voting
power and to be an investment committee
member.)
'The Hogan & Hartson partner In charge of
thei Center's business. John P. Arness, said
the charge to the Center is $50 an hour, lower
than Arness' usual rate and a reasonable price
compared with other law firms. He said he
sees "nothing wrong" with the firm's rela-
tionship to the Center.
Hogan & Hartson Is generally ranked
anjong Washington's four top law firms, and
as'such a $50-an-hour rate Is clearly reason-
aWe, If not low. But Hershey of the Amer-
•cfc Society of Hospital Attorneys says the
mW'eirity of the society members believe a
tfUftee who Is also legal counsel Is harmful
eveh If the rate charged is low.
He says legal advice given the hospital
n^y be Influenced by the position taken on
the same issue by the trustee who is also con-
nected with the law firm giving the advice.
Other trustees, he says, may not question the
legal opinion given as readUy as when the
counsel Is strictly a hired company, and they
also may be hesitant to suggest changes that
might upset the law firm — such as hiring a
full-time counsel for the hospital, cutting
down on use of the firm, or otherwise alter-
ing the relationship to save money for the
hospital.
Even If the lawyer-trustee abstains from
voting on or Influencing decisions affecting
his law firm, his mere position as a fellow
trustee may "subconsciously" Infiuence other
trustees. Hershey says.
Minutes of trustees' meetings show that
when the executive committee of the center
voted on the terms of Hogan & Hartson 's cus-
tomers agreement last year, Bradley showed
up as a guest — although he was not a mem-
ber of the executive committee.
Hershey says this is "the opposite" of what
Bradley should have done under laws govern-
ing trustee conduct.
The courts generally hold hospital trustees
to an even higher level of conduct than direc-
tors of companies, because company directors
are watched by stockholders or owners, while
hospital trustees are watched only by them-
selves.
Nevertheless, the director of one publicly
traded company who was also legal counsel to
the company resigned last July as a director
because of what he said were questions raised
In the legal professicn about the desirability
of such as dual role.
The director. Merle Thorpe Jr.. who re-
signed from International Controls Corp., is a
partner of Hogan & Hartson.
Arness said Thorpe's position could not be
compared with Arness', because Thorpe was
the lawyer who actually handled the com-
pany's work, whUe Bradley does not.
Arness said he doesn't believe Hogan &
Hartson is In violation of the D.C. law on hos-
pital trustee conflicts.
The law says, "No member or members of
any board or boards of trustees or directors of
an> charitable institution, organization, or
corporation In the District of Columbia,
which is supported In whole or in part by ap-
propriations made by Congress, shall engage
In traffic with said Institution, organization,
or corporation for financial gain, and any
member or members of such board of trustees
or directors who shall so engage in such traf-
fic shall be deemed legally disqualified for
service on said board or boards."
Arness first claimed that the Washington
Hospital Center Is not a charitable Institu-
tion. When It was pointed out to him that
the center Is Incorporated as such under D.C.
law. Arness contended the center doesn't re-
ceive "appropriations made by Congress "—
the wording in the law.
When It was pointed out that in addition
to Medicaid and Medicare money appropri-
ated by Congress, the center Is the recipient
of a $24 million building appropriated by
Congress — freeing the center of making
mortgage payments It otherwise would have
to make — Arness maintained that the center
does make mortgage payments.
It was then pointed out to Arness that one
of his own memos written to the hospital
center says the mortgage In question — in fa-
vor of the U.S. government — does not have
to be paid off unless the center Is used for
non-hospital purp>oses.
Arness then said he believes the law was
meant only to prevent trustees from "steal-
ing" from the hospital.
After a number of Interviews with Arness,
the lawyer billed the hospital center for time
he spent being interviewed by The Post. Dur-
ing part of that time, Arness had defended
himself against confilct-of-lnterest charges.
The bin came to $150 for three hours of time.
The hospital center attempted to have The
Post pay the Hogan & Hartson bill, but the
newspaper refused.
Although the hospital center says the bill
states otherwise. Arness claimed it was for
time spent preparing to be Interviewed by
The Post and for answering questions raised
by the center as a result of The Post's Investi-
gation of Its finances. He later acknowledged
he had charged the hospital for the Inter-
views.
January 11, 1973
CONGRESSIONAL RECORD — HOUSE
823
BospiTAL Qxranrt Raiszd Rates Betore
Announcing Cost Cdts
It was a public relations man's dream. The
Washington Post ran an editorial praising the
hospital center for performing a "major med-
ical miracle. " The New York Times, In a fea-
ture article, suggested that other hospitals
might well follow the center's example. And
the American Hospital Association, with un-
disguised admiration, said It would like to
have the hospital center's formula.
The plaudits were understandable. Wash-
ington Hospital Center had announced a re-
duction In room charges and other prices.
The reduction, made In two successive stages
last year, amounted to a total saving on a
dally patient's bill of $11, or 10 per cent.
The center cited a number of Innovations —
Including taking patients' temperature fewer
than the standard four times a day — as the
primary reasons for the price cuts.
Indeed, the hospital center claimed it had
found the answer to splrallng hospital costs.
Unfortunately for the center's patients
and those who pay health Insurance premi-
ums, the center had not found the answer to
anything — except perhaps how to reap na-
tional publicity by misleading the public.
Instead of cutting costs, the center actu-
ally had Increased the cost of the average
dally patient stay by 12 per cent. Just under
the 13 per cent national Increase In hospi-
tal charges during 1971. And Instead of cut-
ting patient charges, the center actually had
raised its total prices for an average dally
patient stay by 15 per cent.
What happened was that prior to the rate
decreases, the center quietly raised Its room
and laboratory charges. When the center dur-
ing the year also began getting an unex-
pected surge of money from Medicaid, the
government health Insurance program for the
poor. It found It had overpriced Its .--ervlces
in relation to the costs of providing the
services.
It then reduced its prices — but only to
some patients.
If the center had not made these reduc-
tions, its average dally charges would have
Increased during the year by more than 20
per cent Instead of by 15 per cent.
The center's reductions were analagcus to
a supermarket raising the price of steak from
$1 to $1.20 a pound, then discounting the
item to $1.15.
Was it all a hoax?
Jose A. Blanco Jr., then the center's assist-
ant administrator and controller, concedes
the public was "misled," but he says It must
have been the fault of the press. He says he
warned hospital officials at the time that
their statements on the reduction must be
"carefully" worded.
Richard M. Loughery. the center's admin-
istrator, denies the public was the victim of
a hoax because, he says, the difference be-
tween the Impression given and the facts
was not that great. He blames the press for
allegedly falling to check some of the hos-
pital's claims so the public would be given
the full picture.
Ix)ughery received much of the credit for
the rate decrease, and In an Interview, he
claimed he had recommended cutting the
charges. However, minutes of the pertinent
trustees' meetings show that Loughery ar-
gued against reducing the charges. He fa-
vored "sitting tight."
Loughery also contended that although
costs and charges had risen during the year,
the center's average dally charge to patients
for such Items tis room and board, drugs,
tests, x-rays, and use of operating rooms Is
stm lower than the charges of half the hos-
pitals in the Washington area.
Data compUed by » research council sup-
ported primarily by the Hospital Council of
the National Capital Area Inc., a trade group
« hospitals, from figures submitted by local
hospitals to Blue Cross-Blue Shield, show
that the center's average dally patient coat la
fourth highest among 20 area hospitals.
"The rate decrease was bull and
everyone on the inside (administrators and
trustees) knew It." says Dr. Louis Olllesple,
Jr., a trustee of the center and member of
Its medical staff.
The story of how the hospital misled the
press, the public, the AHA, and apparently
even the White House provides fascinating
insight Into the financial workings of a hos-
pital and how it attempt- to Influence public
opinion.
It was the 10-member executive commit-
tee of the hospital's board of trustees that
decided In October, 1970, that $1.8 mUUon In
additional revenue woxild be needed during
1971 to pay for expected cost Increases.
To get the money, the committee author-
ized the hospital to raise room rates by $5 a
day beginning January 1971. No publicity was
given to the Increase.
In addition, laboratory charges were raised
substantially In February, 1971, Increaslr^
revenue for the year In the laboratory depart-
ment by 33 per cent above the Income that
had been expected. These lab price changes
produced additional profit to the hospital
for the year of $873,206, the center's finan-
cial statements Indicate.
These price increases were ordered, not by
the hospital, but by the pathologist who
heads the center's laboratory.
How pathologists set their own prices smd
receive the profits that result, and how sim-
ilar lab price Increases were triggered at
about the sp.me time at hospitals throughout
the city by a change In Blue Shield reim-
bursement methods, vlll be explored In sub-
sequent stories in this series.
Despite the Increases In room rates and
lab charges, the center probably woulc not
have cut Its prices If it had not been fo- the
unexpected Increase In money received from
Medicaid.
The reason for the increase, is simple tie
hospital previously either had not been ap-
plying for the money, or had been applying
Improperly.
Medicaid became available to Washli gtnn
hospitals In July, 1969. but the center legged
in taking advantage of *he program.
Until January, 1971, the hospital center had
failed to bUl Medicaid for the charges In-
curred by about 10 per cent of the patients
eligible for Medicaid, says Lee R. WUllams.
a supervisor of Medicaid and Medicare billing
at the center. Admissions personnel were not
recording the fact that the patients were
eligible when they entered the hospital, he
says.
Of the bills that were sent to Medicaid,
says WUllams, 35 per cent to 40 per cent were
rejected by the government because of er-
rors In addresses, names, Identifying num-
bers, and charges, as well as insufficient In-
formation.
The result, concedes Blanco, who was con-
troller then, was that large amounts of
money, were being lost on patients who could
not or would not pay their bills but whose
expenses would have been paid by Medicaid
If Medicaid had been hilled correctly.
The center finally rectified the problem In
January. 1971. by placing the billing system
In a computer and tlghte' Ing procedures,
Williams says. The result was a sudden surge
of payments to the center.
"I don't know why Mr. Blanco didn't do it
before," Williams says. Blanco says 't was a
"matter of priorities."
Former employees say the problem was that
Blanco, although a full-time controller paid
$39,000 a year, spent most of his time op-
erating his own computer company and act-
ing as a consultant to other hospitals. Blanco
says he spent as much time as was necessary
at the hospital center Job.
The extra Medicaid money and the room
and lab test increases produced a surplus in
the hospital center's accounts of $1.6 mil-
lion by the first five months of 1971, and It
was this money that prompted the trustees
to cut charges.
There was never any question that the sur-
plus would have to be given beck to patients.
This Is because the so-called third party car-
riers— Blue Cross. Medicaid, and Medicare,
which account for a majority of the center's
payments — require that any surplus be given
back to them at the end of the year.
The trustees decided to take another op-
tion by cutting the room rates paid by the
remaining clientele of the hospital — the 35
per cent who either pay their own bills or
are covered by commercial insurance com-
panies, such as Aetna and Prudential.
The outcome was far from certain when
the hospital's executive committee met on
June 15. 1971.
A motion was made at that meeting by the
then treasurer of the hospital, Samuel T.
Castleman, that room rates be cut. Castle-
man, then a senior vice president of Amer-
ican Security & Trust Co.. Washington's sec-
ond-largest bank, recommended that the
hospital publicize the action "In such a man-
ner as to achieve the maximum favorable re-
action from the public at large and from key
officials of the city and fedA-al government as
well as members of Congress."
Castleman's motion was defeated, and In-
stead the committee voted to follow Lough-
ery's recommendation that the hospital sit
tight. The committee also decided to submit
the matter to the full board of trustees.
A week before the full trustees' meeting.
The Washington Post learned that the center
had realized a $1.6 million surplus and pub-
lished a story about it. Doctors and trustees
say Loughery was furious at the leak, tak-
ing the position that disclosure of the cen-
ter's finances would make it look, bad in the
public's eyes.
Loughery now denies that this was bis feel-
ing.
Whatsoever Its effect on Loughery. The Post
story "boxed in" the trustees, making the de-
cision to reduce rates almost Inevitable, ac-
cording to at least one hospital official.
The trustees voted to reduce rates June 28.
and at a second meeting Sept. 8 decided to
reduce room rates sttll further and to pub-
licize other reductions that had been author-
ized at the first meeting. TTie total reduc-
tion came to $11 per patient day.
At the second trustee's meeting. Castle-
man complained that the center had failed to
garner enough publicity from the first rate
reduction. He said he had discussed the price
cuts with White House aide John D. Ehrllch-
man, who was "most Interested In our ef-
forts ... to reduce the costs of delivering
medical care. . . ." Castleman reconrunended
that this time steps be taken to obtain for
the center "the widest possible publicity."
The center promptly called a press confer-
ence and sent out releases to the national
and local press. In Its employee publication,
the center boasted that it had succeeded in
"reversing the national trend of rising health
care costs . . ."
What the press release faUed to mention
was that the hospital's costs had actually in-
creased overall during the year by 12 per cent
for the average dally patient stay, and that
charges had Increased by 15 per cent. No
mention was made In the release about the
room rate Increase Just six months prior to
the first rate reduction, nor were the In-
creased laboratory prices mentioned.
Loughery explains these and other omJs-
slons this way:
"We assume the people who wrote the
stories knew what the poop was."
Jane P. Snyder, the center's public rela-
tions director, concedes that neither the orig-
inal room rate Increase nor the laboratory
charge Increase had been announced to the
press.
Was the AHA fooled? No. claims Dr. David
F. Drake, associate director of the AHA In
Chicago. "When we said we wish we had the
formula (for reducing costs), U was tongue-
824
CONGRESSIONAL RECORD — HOUSE
ln-che«lt. We Itnew there wasn't any magic
formula."
— Ronald Kzssleh.
T*oo Many Empty Beds Cause Childben's
HosprTAi, Deticit
Empty hospital beds substantially Inflate
hospital costs. An Illustration of how this '
happens is the case of Children's Hospital of
DC, which has one of the lowest bed oc-
cupancy rates in the Washington metro-
politan area and one of the highest costs for
an average daily patient stay.
Regardless of how many patients a hospi-
tal has, its basic operating costs remain es-
sentially the same. This is because a hospital
must be fully or nearly fully staffed to han-
dle peak patient loads, and its costs for heat-
ing and maintaining its buildings are unaf-
fected by the number of patients in them.
If a hospital's occupancy rate is low, these
expenses have to be distributed simong fewer -
patients. The result Is that each patient pays ,
more for his or her hospital stay.
The average occupancy rate at Children's
Hospital in its fiscal year ended last June 30
was 62 per cent, the hospital's financial state-
ments indicate.
Although some hospitals operate at 100 per
cent of capacity, the conventional wisdom in
the hospital industry is that an 85 per cent""^
rate is optimal to handle emergencies, sea-
sonal variations and the unpredictable mater-
nity patient deliveries. •
Computations based on Children's Hospi-
tal's financial statistics indicate that its
average dally patient costs are 37 per cent '*
higher than they would be if the hospital
were 85 per cent occupied.
This means that each patient pays an aver-
age of about 845 extra for each day of hfls-
pitalization to cover the costs of the empty
beds. During a year, this extra payment comes
to $2.3 million for all Children's Hospital
patients.
The computations are based on the higher
occupancy rate. Since the costs of some sup-
plies would go up with assumption that the
hospital's total costs would be the same If it
:iad more patients, the actual extra pay-
ment for empty beds wpuld be slightly lower
than indicated. >
Dr. Robert H. Parrott. the pediatrician who
Is director of the hospital, acknowledged
luring several interviews that the hospital's
ow occupancy rate adds to patient costs.
He said there simply are too many pediatric
seds in Washington area hospitals.
Overbuilding of hospital facilities, says
3arry P. Wilson, a Blue Cross-Blue Shield
.ice president, Is probably the greatest single
lause of high hospital costs throughout the
•ountry.
Director Parrott also acknowledged that
"there may have been areas of waste In the
)ast" at Children's Hospital, but he said the
nstitution is trying to increase efficiency
md cut costs.
In Us last fiscal year. Children's Hospital
lad an operating deficit of S2.3 mUlion and
I net deficit — after other income was taken
nto account — of «708,420. Based on the hos-
pital's operations last year, it would not
lave had a deficit if its occupancy had been
i 15 per cent, since the extra patients would -
lave brought In enough revenue to cover
he losses.
Despite the deficit. ChUdren's Hospital is
( onstructlng a new, J50 mlllton building with
! 5 per cent more b«ds.
Although the new building is a stone's
1 hrow from Washington Hospital Center, no
(harlng of major services Is planned. The
lact that Children's Hospital average dally
I at lent cost for providing latmdry service is
1 44 per cent higher than the hospital center's
I nd that Its dietary service cost Is 99 per cent
1 Igher gives some Idea of the savings that
f atlenta mljht realize if the hospitals com-
qlned services.
A ChUdren's Hospital spokesman said
1 lundry probably wUl be done by a com-
mercial firm after the move to the new
building.
Dr. Parrott said he believes the hospital's
low occupancy rate Is attributable in part
to its location In a high crime area at 2125
13th St. NW. This may dlscoumge suburban
parents from bringing their children to the
hospital, he said.
He said ihe additional beds in the new
building are Justified because more patients
will be attracted to the new location, child
population In the Washington area Is going
up, and the hospital increasingly is getting
referrals of patients from other local hos-
pitals.
Children's has been able to keep Its head
above water largely through appeals for con-
tributions, which last year amounted to
slightly more than $1 million for the hos-
pital's operations.
The drives have stressed the hospital's rep-
utation for giving good medical care and Its
slogan that It never turns away a child
because of Inability to pay.
Referring to this commitment. Mavor Wal-
ter E. Washington said at the groundbreak-
ing for the new hospital building that "this
noble concept has created a financial crisis."
ChUdren's Hospital does treat many poor
patients, but most are covered by Medicaid,
the federal health Insiu'ance program for the
poor. Medicaid coverage Is far more extensive
for children than for adults, hospital ac-
' countants and controllers say.
ChUdren's Hospital's financial statements
Indicate that charity care given by the hos-
pital last year amounted to $246,571. This is 2
per cent of the hospital's operating costs and
compares with a 3 per cent charity proportion
at Washington Hospital Center and what
Georgetown University Hospital says Is a 7
per cent rate at that hospital.
During the same period when the hospital
gave $246,571 in charity care, it received
slightly more than $1 mlUion In unrestricted
contributions to its operations.
Where does the extra money go? And why
doesn't that hospital simply raise its charges
to cover Its high costs In order to operate In
the black?
Dr Parrott said that since charges already
are high, raising them stUl further might
drive patients away and lower the hospital s
occupancy rate stUl further. He added that
the hospital Is first trying to cut Its costs
by becoming more efficient.
As for charity care. Dr. Parrott said he
does not believe contributions received from
the public are being used to subsidize pa-
tients who can pay. WhUe he did not dispute
the charity figure In the hospital's financial
statements, he said the statements do not
show the fuU extent of charity care.
After this reporter's Inquiry. Dr. Parrott
prepared statistics Indicating that the hos-
pital actually gave $1,038,517 In charity care
last year, or 8.3 per cent of Its operating
costs. The charity figure Is almost identical
to the $1,018,150 in unrestricted contribu-
tions received during the year.
Dr. Parrott said the 8.3 per cent charity
figure represents the amount of the hospital's
deficit caused by Its "self-pay" patients.
These are aU patients not covered by govern-
ment or private health Insurance.
Charity care Is defined by the American
Hospital Association, federal government
and hospital accountants as free care given
to patients unable to pay. This means a hos-
pital must determine If a patient cannot pay
by inquiring into his Income.
Asked If the self-pay patients were unable
to pay. Dr. Parrott said some can pay but
"most cannot pay the full amount." A hos-
pital spokesman later said that Dr. Parrott
meant to say, "A small amount can make
partial payment but most can pay nothing."
Asked why the additional charity care did
not show up in the financial statements, Dr.
PtuTott said the hospital's accounting system
U less than perfect. He said the method he
January ll, ig^s
used was as close as he could coma to oln-
polntlng charity care In the hospital.
When told of this method, a former flxun-
clal man at ChUdren's called It "absurd" and
the conclusion that charity care la 8.8 oer
cent "ridiculous." He said that with S*
Inception of Medicaid, charity care at the
hospital dropped to almost nothing.
American Hospital Association principles
say a hospital has an obligation to dispose
to the public evidence that all its flnancet
are being used effectively in accordance with
its stated purpose of operation.
Despite repeated requests. Dr. Parrott
would not allow this reporter to talk vrtth
the hospital's independent public account-
ants, Arthur Andersen & Co., or to see Ander-
sen's latest report giving Its opinion of the
hospital's financial and accounting proce-
dures. He also wotUd not permit An Interview
with the hospital's controller, who prepares
the figures on charity care and signs the 11-
nanclal statements.
Dr. Parrott said that as director of the
hospital, he would answer aU questions.
— Ronald KipiRT.rt
Accidents in Anesthksu
Whether a patient lives or dies on the
operating table often depends more on the
competence of the anesthesiologist than the
skill of the surgeon, many surgeons and other
doctors agree.
At Washington Hospital Center, as at many
hospitals throughout the country, doctora
and surgeons say the competence of some ot
the anesthesiologists leaves much to be de-
sired, and some say the problem may be
caused In part by the way anesthesiologists
are paid.
Like pathologists and radiologists, anesthe-
siologists are not salaried employes of the
hospital. Rather, they are given a percentage
of the profits of their department. Many
hospital experts say such an arrangement
gives them an Incentive to cut costs to the
point where medical quality suffers.
During an operation, the anesthesiologist
generally regulates the flow of anesthetic
liquid or gas entering the patient, increasing
It when the surgeon wants the muscles
relaxed and reducing It when the patient
needs time to recover from a critical surgical
maneuver.
In addition, the anesthesiologist regulates
the supply of oxygen to the patient and
watches his bodily signs for any danger sig-
nal.
A moment's delay In reacting to a problem,
or a slip of the hand on the valves regulating
the chemicals, can cause inmiediate death,
brain damage, or paralysis.
Talks with a number of Washington Hos-
pital Center doctors and surgeons reveal a
widespread lack of faith in the skill of
some — but not all — of the anesthesiologists
Who work at the center.
Some of these doctors say they would go to
hospitals In such medical centers as Boston
before they would allow themselves to be put
to sleep by an anesthesiologist at the center,
and others say they would enter the hospi-
tal center for an operation only If certain
anesthesiologists were selected In advance.
"I was very scared when my daughter came
up for routine surgery (at the hospital cen-
ter) last spring," confides Dr. Richard C.
Reba. chief of the center's nuclear medicine
department, which diagnosis Illnesses by
tracing the path of radioactive substances In-
troduced Into the bloodstrecun.
The latest anesthesia accidents in the cen-
ter's operating rooms are commonly a subject
of discussion when doctors at the hospital
gather for lunch, Dr. Reba says.
"Most of them (the anesthesiologists)
don't know what they're doing." he says.
Dr. P. J. Lowenthal. chief of the center's
anesthesiology department, said a reporter's
query was the first he had heard of such
criticisms. "I don't believe that came from a
responsible member of the (medical) staff
January 11, 1973
CONGRESSIONAL RECORD — HOUSE
825
titcsuae they wovUd bring It to oxir atten-
«on," he said.
Dr Ernest A. Oould, a trustee of the hos-
oital center, former chief of Its medical staff,
Jlnd chief of surgery untU 1970, says he would
only allow four of the more than 20 anesthe-
jiologlBts at the center to give him anesthesia
If he had to undergo an operation.
Even If It were an emergency, he says, he
wouldn't allow two of the anesthesiologists
(one of whom has recently left the hospital)
to go near him, nor would he allow them In
m (^)eratlng room with him whUe he is per-
forming surgery.
Anesthesiologists normally are assigned to
operations through a random rotation proc-
ess but another former chief of surgery at
the center, Dr. Nicholas P. D. Smyth, says he
rejects the anesthesiologists normally as-
signed and selects his own when the opera-
tion to be performed Is a major one or when
the patient Is old or sick.
Dr. Reba says he aUowed his daughter to
enter the center for surgery only when the
surgeon assiired him he only uses a certain
two of the hospital's anesthesiologists.
Dr. Gould, who says he Is slmUarly selec-
tive, acknowledges that many other surgeons
at the center take only anesthesiologists as-
signed.
Dr. Oould says breathing or heart beat Is
stopped by anesthesia In about one In every
2,500 operations at the center, and about 30
per cent of these arrests result In death.
He estimates the center has about five
anesthesia deaths a year.
Asked about these figures. Dr. Solomon N.
Albert, another anesthesiologist at the cen-
ter, said, "Let him document It." When asked
what the death rate Is, Dr. Albert said, "I
don't know It off hand. It isn't so much."
One problem In anesthesiology, says
Samuel Scrivener Jr.. president of hospital
center. Is that many anesthesiologists trained
in foreign countries can't speak English well.
This is particvUarly true of Koreans. Dr.
Oould says. whUe %ome anesthesiologists
from Japan speak English well.
Instant communications between anesthe-
siologist and surgeon are essential through-
out an operation, says Dr. Gould. Referring
to the language problem. Dr. Oould says, "If
the question requires a 'yes' or 'no' answer,
they're OK. but if It Involves an explanation,
they need help."
Scrivener says he Is concerned about what
he calls the problem In anesthesiology, and
says he wants to do something about It, but
he declines to be more specific. Richard M.
Loughery. administrator of the center, said
he knew of no problem In anesthesiology.
One problem Imown to worry hospital cen-
ter officials Is a lawsuit brought against the
center, Its anesthesiologists, and a surgeon
over what counsel for the center and for the
plaintiff agree was permanent brain damage
and partial paralysis of a 5-year-old boy who
entered the center In 1968 to have his tonsUs
and adenoids removed.
The boy's heart stopped during the opera-
tion, and his father, George W. Rose, alleged
to the suit that the cardiac arrest and sub-
sequent complications Immediately following
the surgery were caused in part by the neg-
ligence and lack of care of the anesthesio-
logist.
The center's anesthesiologists paid Rose
•175.000 In a settlement. A subsequent
seven-week trial resulted In a Judgment
against the hospital center of $294,777. but
the sum was later reduced to $25,000 during
the course of an appeal. The surgeon, who
Mso settled out of court, paid $95,000.
The suit was filed against Associated
Anesthesiologists, the partnership that
supplies the center with anesthesiologists.
Like the center's pathologists and radiol-
ogists, these doctors agree to service the
hospital In return for a portion of the profits
of their department.
Last year, the 12 partners of the group
"celved $1.3 mUllon from the center, or
an average of $105,000 per man. hospital
records show.
The $1.3 million payment was made after
the salaries of residents and other employ-
ees, as well as most of the expenses of run-
ning the anesthesiology department, were
taken out of the total Income the depart-
ment received from bUllng patients during
the year.
However, Dr. Lowenthal said the 12 part-
ners In addition paid the salaries of five
anesthesiologists smd of several other em.
ployees, and also paid for some equipment,
out of the $1.3 million they received.
Dr. Lowenthal declined to say how much
that left each partner or how the money
was split up. Dr. Albert, while also declining
to give specifics, said some partners got
more and others less. He said he personally
received lesc than $100,000 last year.
Dr. Gould says such profit arrangements
are a "vicious practice" because they give
the doctors who are involved In the ar-
rangements an Incentive to reduce costs by
hiring fewer doctors at lower salaries in
order to Increase the payments they receive.
Another problem, says Dr. Reba, Is that
hiring doctors as independent contractors
reduces their commitment to the hospital,
and this affects medical quality.
Dr. Reba himself receives a small percent-
age of the profits of his department at what
he says was the Insistence of the hospital's
administrator, Loughery. Most of Dr. Reba's
compensation Is from salary.
Dr. Albert says the problem Isn't the
method of payment but the lack of supply
of good anesthesiologists. Doctors say that
M.D.'s find greater satisfaction In special-
ties that deal more directly with patients
and their problems. Dr. Oould says that be-
cause of the shortage, many hospitals use
nurse anesthetists to give anesthesia.
— Ronald Kessler.
A Check-Up on the Hospttal Business
Since netirly everyone has had at least a
passing encounter with a hospital at some
point. It doesn't surprise us that the recent
penetrating series by Washington Post staff
writer Ronald Kessler on "The Hospital Busi-
ness" has generated a heavy reader reaction.
What is interesting Is the pattern of the com-
ments we've received so far: Including three
letters appearing on the opposite page today,
there have been 18 responses published and.
without exception, those that take Issue with
Mr. Kessler's reports have come from mem-
bers of the medical profession or people di-
rectly connected with the hospital Industry
here. ^
The serles,-ba^d on four months of report-
ing and resiearch. outlined the ways in which
administrative abuses and conflicts of In-
terest have been padding the cost of medical
attention. Basically, the articles disclosed a
string of highly questionable — If not Ulegal —
financial de«illngs involving some of the
area's largest banks and businesses; and the
reports spelled out how some of these mu-
tually beneficial transactions have been re-
flected In patient bills that bear no relation-
ship to the actual cost of providing medical
services. Furthermore, the series outlined In-
stances of downright favoritism. Including
free care to the rich and an absence of com-
petitive bidding. Above all. these abuses were
found to be shielded to a disturbing extent
by a lack of public accountabUlty.
A majority of the ensuing letters to the
editor has expressed strong concern over
these revelations Many have urged official
investigations and legislative reforms to curb
the administrative practices that have con-
tributed to skyrocketing hospital costs. In
addition, Sen. Edward M. Kennedy (D-Mass.)
and Rep. Benjamin S. Rosenthal (D-N.Y.)
each cited the series as evidence that con-
sumers deserve stronger reassurances about
the way health care Is dispensed and priced.
For the most part, critics of the series have
taken Issue not with the thrust of Mr. Kes-
sler's report, but with the manner In which
facts were presented. For example Dr. Nich-
olas P. O. Smyth protested because one
article, which quoted him. said, "Anesthe-
siologists normaUy are assigned to opera-
tions through a random rotation process, but
another former chief of surgery at the ( Wash-
ington Hospital) center. Dr. Nicholas P. D.
Smyth, says he rejects the anesthesiologists
normally assigned and selects his own when
the operation to be performed is a major one
or when the patient is old or sick." In his
letter published Nov. 11, Dr. Smyth stated
that he has Indeed selected anesthesiologists
"of my own choosing" — but did it In advance,
"Well before the assignments are made."
Thus, said the doctor, "No rejection of any
anesthesiologist Is therefore Involved since
no assignments have yet been made . . ."
Dr. Smyth then concluded that Mr. Kes-
sler was guilty of a 'deliberate distortion."
Yet neither Dr. Smyth's statement nor the
account of it said that he had rejected any
particular anesthesiologist.
In another letter today, Frederick L.
Church Jr. quarrels with the description of
his connection with the Hospital Center and
the hospital's dealings with his bank. Yet we
fall to see any difference In his accoimt of the
facts and that in the series. Indeed, we have
seen no convincing chaUenge of any of the
facts documented by reporter Kessler.
But the most troubling aspect of tlie com-
plaints about Mr. Kessler's series Is the gen-
eral lack of concern within a system that
allows conflicts of Interests, monopolistic
practices, huge salaries and private pdlicy
decisions In Institutions built with and sup-
ported by public money — for care of the pub-
lic. People "on the outside" of the hospital
business are no longer content to entrust
health care to interlocking, private groups
which feel no compulsion to change their
practices to win public trust.
That Is why we are heartened by today's
statement from Samuel Scrivener Jr.. pires-
Ident of the Washington Hospital Center,
who says that, "if, after careful study. 'the
published stories reveal anything requiring
correction, correction wUl be made." As we
noted previously, what we are talking a'bout
is a matter of enormous Importance to this
commvmlty — and for prospective hospital
patients and Just plain taxpayers, a matter
of tremendous concern.
Washington.
As President of the Washington Hospital
Center I believe that we have a responsi-
bility to the people of this area, and that
they are entitled to hear our response to the
recent articles in the public press and to
Judge whether we have discharged our re-
sponsibilities honestly and well. We believe
that we have done so.
No trustee or employee of the Washington
Hospital Center derives any income except
for services openly and honorably rendered,
at the going rate or less, and without adding
to the charges or prices paid by patients. In
the past, policies were followed (such as the
ratio of checking account balances to current
liabUity balances) which were fully Justified
and proper at the time. But other policies
have now been adopted without derogation
of the earlier policies and long before publi-
cation of articles about this hospital. This
Is true of many aspects of our busy, ever-
changing hospital, as It Is of any dynamic
business. If. after careful study, the pub-
lished stories reveal anything requiring cor-
rection, correction will be made.
Our prlmsiry concern Is to provide the
best medical care at prop>er prices As the
stories pointed out. we are far from the most
expensive hospital In this area. Our medical,
surgical and ancillary departments have the
full support and confidence of the trustees,
administration and employees of the Center
Apparently, they also have the support of
the physicians and public, as our bed occu-
p&ncy Ls as high now as at any time In the
past six months.
Some of the stories critical of certain of
our medical services were based on state-
ments purported to have been made by phy-
sicians on our staff, and each of these doc-
tors has written a letter to the editor, deny-
ing or setting these published remarks in
proper context. We are responsible people
and we would not tolerate medical situations
as alleged In the published stories.
Out of our operating budget we have pro-l
vlded medical services to the poor and needy.
In the fli^t nine months of this year we lost
close to Sl.800,000 by providing freo services.
This included close to $1,000,000 In services
only partially supported by the federal and
EUstrlct of Columbia governments.
Our statistics for the first nine months of
this vear are:
Bed patients admitted
Outpatients treated
Births
Surgical operations
Interns in training
Flesidents in training
Student nurses
Employees
Physicians on active staff-
826
•I
CONGRESSIONAL RECORD — HOUSE
January 11, 1973
24,260
102,287
2,341
15, 063
46
147
240
2.800
544
Gross receipts 931.078.898
Adjustments of all kinds $4, 190. 626
Net leas 1st 9 months 1972 8228,890
Population growth in the metropolitan
area has Increased referrals to the Hospital
Center from smaller suburban hospitals, es-
pecially for serious cases. We believed, and
still do. that our responsibilities are both
those of a downtown neighborhood hospital
and also those of an area medical center pro-
viding the complicated, sophisticated equip-
ment and services not available at most
other hospitals In the Washington area.
May we leave a few thoughts with you:
1. We do provide quality medical care.
2. Our prices are fair.
3. The public has confidence In us. Our bed
census is as high since the articles were pub-
lished ae at any time In the past six months.
4. If we find or learn of anything that should
be corrected, It will be corrected, as has been
our practice since 1968.
5. No Institution, public or private, achieves
perfection. However, the Center wlU never
cease trying, and In doing so the published
articles will be carefully reviewed to deter-
mine what aspects of our hospital operations
may be Improved.
Samttel ScRrvENEB, Jr.,
President, Washington Hospital Center.
Washington.
In order to contribute to a better under-
standing of the health care industry, I was
asked by the administration and board of
trustees of the Washington Hospital Center
to speak with a Post reporter. Some reniarks
attributed to me concerning the competence
of the anesthesiologists of the Hospital Cen-
ter were misinterpreted and taken from con-
text and, therefore, were misleading. In any
sizeable group there is bound to be a spec-
trum of quality of performance. Since I am
a specialist in Internal and Nuclear Medi-
cine I may not be able to completely evalu-
ate those especially trained and certified In
specialties other than my own. I asked my
daughter's surgeon to personally select the
anesthesiologist and wanted assurance that
he would obtain someone that he could rely
on for the specific task — in fact, to this day I
do not know the name of the anesthesiolo-
gist who was In attendance.
As Mr. Kessler wrote in his first article
(Oct. 29) "(the Center) has built a reputation
among doctors and Independent health ex-
perts for giving above-average medical care
In the Washington area." The quality of
medical care at the Hospital Center Is out-
standing and the non-question of physician
competence should not diffuse nor direct our
attention away from the Important matters
that were brought to our attention. I agree
with Mr Scrivener, president of the board of
trustees, who Is quoted as saying "If more
serious abuses are found, I hop>e you will pub-
lish them and we will take action to cure
them." I believe that a year or two from now
this medical Institution and the medical pro-
fession will look back on this period of self-
assessment and reappraisal as another op-
portunity to fxirther the continuous effort to
maintain our high standard of service to the
public.
Richard C. Reba, M.D.
I Washington
I have read carefully and with deep con-
cern the series of articles by your staff
writer. Ronald Kessler, and the editorial in
The Post of Nov. 6 concerning the Washing-
ton Hospital Center. High hospital costs ad-
versely affect many of us as individuals and
we share the general view that every effort
should be made to keep In bounds and lower
them. It seems unfortunate that the contri-
. butlon which The Post and your staff mem-
ber have made to the review of hospital
problems In our city has been In part invali-
dated by lack of moderation and perception.
Only two sentences in your editorial of
Nov. 6 deal with the Riggs National Bank
and your primary premises are not true. You
comment to the effect that upon my addi-
tion to the Endowment and Investment
Committee of the Hospital Center, the com-
mittee changed Its policy In order to pur-
chase the stock of our bank in the over-the-
counter market. The fact is that I became a
member of the committee In March, 1959.
The Investment policy for the General In-
vestment Funds account In question was
fixed by the committee Ui its meeting of No-
vember 10. 1959. incident to the pending re-
ceipt of the Initial securities and cash for
the account which was opened on November
2^. 1959. This being the Initial policy deter-
mination and action in the account, obvi-
ously no prior policy therein was changed.
In this Initial action the committee
rounded out fo\ir preferred stock holdings
and five common stock holdings received
from one of the three hospitals which Joined
together to form the Hospital Center. These
round-outs included the purchase of 25
shares of Riggs stock at a cost of 94,000 on
which shares the Hospital Center received
an aggregate of $2,006 in dividends during
the period in which they were held as well
-as a 91.114 capital gain upon sale partly In
1970 and partly In 1971.
Your editorial states that the committee
had signed a contract with Riggs to manage
.the Hospital's Investment accounts. This is
not true. The management rests within the
Endowment and Investment Committee of
the Hospital Center and the agreement with
Riggs specifically provides that the bank
shall not have Investment supervision of the
investments or cash held but shall only have
custody of the investments and perform
ministerial activities In connection there-
with.
It Is regrettable that your editorial sug-
gests some cloud upon over-the-counter se-
curities and falls to Indicate that In 1959 the
primary market for most bank and Insur-
ance stocks and, In fact, for various sound
Industrial stocks was over-the-counter. Your
attention Is Invited to the substantial list
of over-the-counter market quotations which
today appear in the financial press.
Elxcept as to one matter It would not serve
a constructive purpose for me to elaborate
on or take issue with the comments of Mr.
Kessler. I do greatly regret that he chose to
refer to a holding of Riggs stock by a mem-
ber of my family and therefore point out
that at the time of purchase of the 25 shares
of Riggs stock m the General Investment
Funds account In 1959. that this family
member owned 7 shares of Riggs stock having
a market value of $1,120. Such holding had
no relationship to a 94.000 purchase In »n
Institutional Investment portfolio.
Both you and your readers should know
that the financial advantage to our Trust
Department from Its relationship with the
Hospital Center Is slight, if any, and, of
course, from a personal standpoint, I serve
without compensation as a trustee aitid com-
mittee member. The Hospital Center pays a
reduced charitable fee and receives minis-
terial services In excess of those called for
by its agreement with the bank. Aside from
the charitable Interests of members of
Riggs' staff and the fact that we live here,
the bank's primary Interest In serving the
HosplUl Center Is that Washington is the
physical situs of Riggs. The bank has the
longer range purpose of endeavoring to im-
prove the quality of life In the city for the
sound business reason of maintaining and
improving the base for Its own operations.
Frederick L. Church, Jr.,
Executive Vice President-Trusts, The
Riggs National Bank.
Hospital Center Officials Used Connec-
tion TO Reap Proftts — III
(By Ronald Kessler)
It was the old American success story. A
Cuban Immigrant, penniless after fleeing the
Castro regime, turns an idea Into a 92-mll-
Uon-a-year company that plans to sell stock
to the public.
But In this story, the Immigrant. Jose A.
Blanco Jr., had more than an Idea. He also
had a large, first customer for the services
his company would offer. The customer
showed no signs of wanting to haggle over
the price for the services. Indeed, the cus-
tomer was convinced that only Blanco could
do the Job.
The reason Is understandable. The cus-
tomer was Blanco.
It was 1970, and Blanco was controller and
an assistant administrator of Washington
Hospital Center, the Washington area's larg-
est private, nonprofit hospital.
Blanco, who was In charge of data process-
ing, decided the existing facilities at the hos-
pital for billing, keeping track of patient
records, and accounting through the hospi-
tal's computer were less than adequate. He
decided the best solution was to hire a pri-
vate, outside company to provide these serv-
ices. And he decided he would start the com-
pany he needed.
While making 939.000 a year as a full-time
employee of the hospital center. Blanco
formed Space Age Computer Systems. Inc.. to
provide data processing services to hospitals.
The firm's first customer was the hospital
center, and other customers quickly followed.
If there was ever any question that the
center would go along with the Idea, it was
quickly dispelled when Blanco's boss. Rich-
ard M. Loughery, administrator of the hos-
pital, accepted stock free of charge In the new
company, and became one of Its directors.
Blanco concedes that five other administra-
tive ofBclals of the hospital. Including the as-
sistant controller and the internal auditor,
bought stock In Space Age at 91 a share.
To further help the new company along, It
was given 950.000 by the hospital. The pay-
ment was described as a "deposit."
Blanco and Loughery say they see no con-
filct of Interest In their dual roles and say
they did nothing wrong.
After The Washington Post began Inves-
tigating Space Age and its relationship to
the hospitel center, the hospital's board of
trustees ordered Loughery and the other as-
sistant administrators to give up their stock
In Space Age. Blanco was dismissed as con-
troller of the hospital and was made a con-
sultant to the center for a year. Samuel
Scrivener Jr., the center's president, says
competitive bidding will now be sought on
the data processing contract.
How Blanco and Loughery were able to
start a private company using hospital center
January 11, 197 S
CONGRESSIONAL RECORD — HOUSE
827
funds, and the effect that this had on the
center's operations, provide an example of
the lack of public accountability of hospitals
and give Insight into why hospital costs have
risen since 1965 at four times the rate of
other consumer prices.
About a third of Washington Hospital
Center's operating budget comes from the
federal government through Medicaid, Medi-
care, and other federal health programs. Its
$24 million building was coiistructed with a
congressional appropriation, and the center
has since received more than 91 million In
federal funds for new buildings. It also
receives additional public subsidies through
federal and local tax exemptions and charit-
able contributions.
Despite the federal presence, the hospital
center and other hospitals like It throughout
the county are unregulated and report only to
themselves.
"They're public Institutions and they ought
to be above suspicion, but you'd never know
it from the way they operate," says Herbert S.
Denenberg, the Pennsylvania Insurance com-
missioner who has Investigated hospital fi-
nances. Denenberg calls the lack of controls
over hospitals "unbelievable."
"There's no such thing as a nonprofit hos-
pital." says Marilyn G. Rose, head of the
Washington office of National Health and En-
vironmental Law Program, a federal legal aid
program. "The money goes to the staff,
trustees and administrators through high
salaries and various arrangements." she says.
Officials of the Social Security Administra-
tion, which administers Medicare, the gov-
ernment health Insurance program for the
aged, say It is not uncommon for hospital
administrators or trustees to own companies
that supply goods or services to the hospital.
Such transactions are known as self-dealing.
The agency refuses to disclose the Identities
of the hospitals on the grounds that such
disclosure is prohibited by law.
Medicare regulations allow self-dealing
transactions under certain conditions. If the
conditions aren't met. Medicare wUl reim-
burse the hospital only for the actual cost
that the private company incurred in supply-
ing the hospital. One Washington area hos-
pital accountant says the self -dealing trans-
actions often arent found by Medicare audi-
tors.
"BaslcaUy they Just add up the numbers
(in the hospital's reports on Its costs)." the
accountant says.
Blue Cross, the largest private hospital
Insurance plan, also allows self-dealing
transactions between hospitals and their
administrator or trustees In most of Its con-
tracts with hospitals. Blue Cross, through
Group Hospitalization, Inc., the local agent
for the plan, raised one objection to the
Space Age arrangement: that the contract
with Space Age hadn't been approved by the
hosplUl center's trustees.
Before Blanco became controller of the hos-
pital center, he had taught business courses
and raised cattle In Cuba, and later partic-
ipated as a part of the landing force In the
abortive Bay of Pigs Invasion In April, 1961.
A certified public accountant with a quick
mind and professorial approach, Blanco be-
^e controller of Methodist Evangelical
Hospital In Louisville In 1961. He was a con-
sultant to the hospital center before he be-
came Its controller in Jxily, 1967.
In that same month, Blanco, his brother,
and another Cuban expatriate started their
first commercial venture — a business bUllng
company. At the time, Blanco was a full-
time employee of the hospital center.
Three years later, Blanco found the cen-
ter's existing computer system lacking and
decided he would supply the services he
thought were needed.
Normally, hospital controllers are respon-
sible for running a data processing depart-
ment as part of their duties, but Blanco saw
his duties as controller differently.
"What I know In my brains is mine. I am
paid to be controller of Washington Hospital
Center — that's It," he said. Indicating the Job
doesn't entail supervising data processing.
There wtis little doubt the center's key of-
ficers would approve the plan. Loughery. the
hospital administrator, accepted free stock
In the new company and became one of its
directors.
The president of the hospital at the time,
Thomas H. Reynolds, said he felt the center
could get a better deal on a contract if it
was with an employee of the hospital.
"Their jobs are on the line. ' said Reynolds.
who retired last year as an American Secu-
rity & Trust Co. vice president and second
man In charge of Its trust department.
Finally, the man who was then tretisurer
of the hospital, and to whom Blanco report-
ed on financial matters, also raised no objec-
tions. The former treasurer. Samuel T. Cas-
tleman, then also an American Security sen-
ior vice president, was made a director of
Space Age and given an option to buy 10,000
shares of its stock at $1 a share.
Castleman. now an executive vice presi-
dent of a merchant banking firm In the
Bahamas, said he never exercised his right
to buy Space Age stock, and he said he saw
no conflict between his duties as treasurer
of the hospital and as a director of Space
Age.
Castleman and Reynolds were two of the
four trustees who gave formal approval to
the Space Age contract and agreed to give
Space Age S50.000 as a "deposit." Reynolds
described the four as the members of the
center's executive committee minus Its doc-
tor members. He said doctors are "totally
lost" In dealing with financial matters.
Other trustees who later found out about
the approval said It was given by a "rump"
session of the executive committee. All but
one of the four were themselves doing busi-
ness with the hospital center.
The $50,000 was to represent the payment
for the last month of the Space Age contract.
If the contract was ever terminated. Blanco
last year returned the money to the center,
without paying Interest on It. because he
said he had been advised he would have to
pay taxes on It. He said he still wants the
money, but In a nontaxable form.
If Blanco had paid 8 per cent interest on
the money. It would have yielded the Hospi-
tal Center 94.000.
Blanco claimed such a deposit Is common
in the hospital data processing business.
Other companies, asked about this, said they
had never heard of a deposit.
One company. McDonnell-Douglas Auto-
mation Co. in St. Louis, said it makes an
installation charge when new equipment is
needed or employees must be trained.
Blanco did not have these problems. The
employees In the hospital center's data
processing department were simply switched
to the Space Age payroll. The leased Inter-
national Business Machines computer al-
ready at the center was taken over by Space
Age. although the lease continued to be in
the center's name.
This way. Space Age could take advantage
of the average 20 per cent discount IBM gives
the hospital center as a nonprofit Institution.
Space Age, which must pay for the computer
rental, thus cut 20 per cent from Its most
Important cost of doing business. Blanco
says IBM Is aware of this arrangement.
Before the four hospital trustees approved
the Space Age contract. Loughery obtained
a letter from Arthur Andersen & Co., the cen-
ter's longtime lndep>endent public account-
ants, saying the new contract would save the
center money when compared with the exist-
ing In-house data processing department.
Efforts to obtain a copy of the letter from
the center were unavailing.
A number of hospital trustees say they feel
Andersen Is too close to the center's admin-
istration, which hires the accounting com-
pany each year. An Andersen analysis
"would not necessarily satisfy me," said C.
Thomas Clagett Jr., a center trustee who Is a
ooal company executive.
Several former employees of the hospital's
business office say Andersen typically sent
Junior accountants to audit the center's
books, and they "Just went through the
motions" and readily accepted Blanco's ex-
planations to their questions.
Scrivener, the center's president, said the
hospital now is considering hiring another
firm to go over the center's books.
Andersen declined to comment.
Blanco asserted that what he charges the
hospital — 92.26 for each day each patient la
hospitalized — is lower than what other com-
panies charge. When extra charges Space Age
makes are Included, Blanco's rate Is $2.43 per
patient day.
McDonnell-Douglas In St. Louis charges
$3.50 to $4.50 per patient day. or nearly twice
the Space Age rate. But another company,
ADP Hospital Services. Inc.. In Baltimore,
charges $1.45 per patient day. with no In-
stallation or deposit charge
Fairfax Hospital, the area's second largest
private hospital, says its own employees pro-
vide computer services at a cost of $1.50 per
patient day.
Blanco's two hats, as controller of the hos-
pital and president of Space Age, presented
other difficulties. Blanco the controller had
the responsibility of Insuring that Blanco
the Space Age president paid his rent for
use of office space in the center's Physicians
Office Building, did not overcharge the hos-
pital, and got paid the correct amount.
Blanco, the Space Age president, and other
Space Age employees under him, decided
when the hospital's requests for special com-
puter analyses went beyond what was pro-
vided in the Space Age contract and what
the extra charge for these analyses would be.
Sometimes the request for these special
analyses was made by Blanco the controller.
"It used to crack me up that a controller
could essentially write his own check (to
himself) ," said one former employee of Blan-
co the controller.
Other former employees say Blanco spent
the majority of his time on Space Age busi-
ness. Ignoring hospital problems for weeks
or altogether because he was too busy flying
around the country looking for new Space
Age customers.
"The hospital became a baise of operations
for Blanco. The guy was almost never there.
Sometimes it was comical," a former em-
ployee said.
Blanco says he spent as much time as was
necessary to carry out his hospital duties.
One of the most important duties of a
hospital controller is to police accounts re-
ceivable. These are the bills owed by patients.
By sending out frequent bills and following
up with systematic telephone calls, a hospital
can sueed up payments, cut down on delin-
quent accounts and save Its patients money.
A hospital's success in dealing with Its ac-
counts receivable 1^ measured by the average
number of days before a bill Is paid. By this
standard, the center's bills took an average
of 86.6 days to be paid at the end of last
year, compared with 74.1 days for all hospitals
and 65.7 days for all Northeast teaching hos-
pitals. American Hospital Association statis-
tics show.
While all other hosolttls were owed an av-
erage of $3.9 million a* the end of the year,
the center was owed $9.4 million, statistics
show. And while all other hospitals had writ-
ten off as bad debts $523,000 of these bills,
the center wrote off as uncollectable 93.2 mil-
lion.
A hospital loses money each day that a
bill Is not paid, either in interest it has to pay
out on loans or interest It would have re-
ceived from bank accounts or investments If
the bill had been paid.
Comparing the center with other Northeast
8;>8
to
or
A] [A':
at le
gr ps
or ties.
Blpnco <
tl
w^
hdnded i
m >re
ch arge •
colect
in
ac X)unts
agj
mi ire
thit
mi r
wl o
abp
le
en
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elf
sa esmer
f r< m
of
pi
CONGRESSIONAL RECORD — HOUSE
January 11, 1973
teichlng hospitals the category the center
prefers to compare Itself with, the loss of In-
te-est at 5 percent and extra cost to patients
because of the center's slow payments came
44 cents on the average daily patient bill,
83.43 on the total average patient bill.
Blanco says he doesn't agree with the
s method of comparing accounts recelv-
but he concedes he hasn't yet come to
with the problem. "It's a matter of prl-
he says.
Another area that former employees say
couldn't find the time for was coUec-
n of bad debts. When It appears patients
n't pay. theU- accounts are typically
over to collection agencies, which use
aggressive collection methods and
40 per cent to 50 per cent of what they
as their fee. The renter paid »68,000
these fees las. year, or $2 on the average
total patient bill.
F'ormer employees say the choice of which
to hand over and which collection
ictes got the business was left to chance
than anything else, and the result was
some of the business went to particular
cofnpanles because of kickbacks they offered.
I had lioffers of this type (kickbacks) In
I year," said Nicholas R. Beltrante, a for-
Credlt Bureau. Inc.. collection manager.
was the center's collection manager for
ut two years.
\n example of an offer: an agency col-
ts $10000 a month and gives $100 to the
ployee who gives it the business, Bel-
te says.
Another former hospital center credit offi-
1 says, "I've seen guys (collection agency
n) give out $100 bills. One guy in
patient accounts got a $100-a-month salary
a kickback "
rhe president of one local collection
agency. Neal J. Frommer of Lincoln Adjust-
Co., estimated about one-third of local
lection agencies give kickbacks that range
m a trip to the South Seas to payments on
(tadlUac.
ormer employees of Blanco also say he
typically changed the figures on the center s
s after they came out of his computer
month to make the accounts receiy-
and bad debts look more favorable to the
ter. Blanco said he only made standard
accounting changes in allowances for these
xpenses to reflect changed conditions.
oughery said he doesn't know anvthing
abt)ut any kickbacks, and he said he favors
's method of measuring accounts re-
able. He said there was "nothing wrong"
h accepting stock In Space Age because ^."It
■ worthless, it never paid anything. '
lanco said that although the stock hasn't
d dividends or been traded, he expects
*111 rise in value when the company goes
'Ic. He declined to say how much stock
Lolighery and other hospital officials got. or
show the Space Age stockholder list, say-
It was his private business.
>esplte Loughen''s claim that the stock
worthless, he expressed considerable
jer to this reporter at having to give it
and a number of trustees said that
lather the stock had paid dividends was
the point The conflict, they said, was
t Lcughery's ownership of the stock gave
an interest In furthering the business'
the company at the expense of the hos-
m^nt
CO
fi
a
bo)k
ea h
able
ce
ac
e>
Blinco':
eel
wi
wafe
Jl;
pa
it
publ
to
Ini
W4S
an
"Pi
w
beilde
thu
hlJd
lal.
It (the Space Age arrangement) really
me." said Frederick L. Church Jr., a
I ;gs National Bank executive vice president
hospital center trustee, who is himself
involved in a conflict because his trust
liartment does business with the hospital.
t one point. Scrivener, the hospital presi-
crltlcized Loughery for sicceptlng stock
Space Age and allowing Blanco to start
company under the hospitals umbrella.
Lojighery's reply, according to Scrivener,
that the trustees are as Involved In
1 ifllcts of Interest as he was.
shakes
Rl
anA
de
de|it
In
th(
Indeed, Scrivener himself received $1,295
in legal fees from the hospital center In
1969 and 1970. He said there was nothing
wTong with taking the fees.
At another point. Scrivener told Loughery
by letter to stop opening mail addressed to
Scrivener at the center. Loughery's comment,
made to this reporter: "If anybody wants to
write him personally, they know his down-
town (law office) address."
The exchanges illustrate the sometimes
less than cordial relations between the two
men. For most of the hospital center's exist-
ence, Loughery has had a relatively free
hand as administrator, but since becoming
president in January, 1971, Scrivener has
countermanded many of Loughery's deci-
sions and tried to open up the decision-
making processes of the hospital.
He has invited trustees to attend meetings
of the executive committee, which previous-
ly acted with little consultation with other
tjtistees. After The Washington Post began
its Investigation of the hospital's financial
affairs. Scrivener asked all trustees, adminis-
trators, and medical officers to disclose on a
form any conflicts of Interest they may have.
While Scrivener has emerged as a strong
man at the center, there has been growing
disenchantment among other trustees with
Loughery.
'He's a smarty, but his blindnesses are
colossal," said one trustee who asked not to
be named.
Loughery, 52, had been administrator of
Garfield Memorial Hospital when It was one
of the three Institutions to merge to form
the hospital center. Loughery has been ad-
mtalstrator of the center since 1959.
A former Marine Corps captain, he Is re-
spected In the hospital Indtistry and has
testified In Congress on behalf of the Ameri-
can Hospital Association.
Talks with trustees, doctors, and employees
of the hospital elicit entirely different por-
traits of Loughery. One is that of a driving.
efHcient, to-the-polnt administrator who
watches the cash register, keeps the doctors
In line, and is smart enough and sophisti-
cated enough to be a corpwrate executive.
The other Is that of a petty, arrogant,
ruthless emplre-bullder who is careless with
the truth and lacking In good Judgment.
Loughery is paid 855,366 a year, more than
the typical hospital administrator, and he
receives several unusual fringe benefits: use
of a Ford LTD Brougham purchased for him
by the center and a total of $16,000 to be
paid for the college education of his four
children. He also got $12,382 last year in
hospital contributions to his retirement and
other benefits.
Loughery lives in McLean and has a sum-
mer house with a swimming pool In Klnsale,
Va. He has spent a total of $13,000 for addi-
tions to his McLean house, construction per-
mits Indicate.
Loughery said one of the additions was
financed with an American Security & Trust
Co. loan at the "prime" Interest rate. The
prime rate is normally given only to the
most credit worthy national corporations.
Asked about this, he said he meant to say it
was the "going" rate.
He said he has lost the loan agreement,
and John E. Sumter Jr., the American Secu-
rity senior vice president who Is a trustee
and treasurer of the hospital, said he didn't
want to look up the record at the bank be-
cause It would be too difficult.
Loughery also said he owned stock until
several years ago In Marriott Corp.. which has
managed the center's food service without
competitive bidding on the contract since
the hospital was opened.
Last year, Loughery asked the center's legal
counsel. Hogan & Hartson, to explore the
possibility of converting the center to a
profit-making Institution with stockholders.
Hogan & Hartson, pointing out all the fed-
eral funds that have been poured Into the
center, said It would be "Impracticable."
Loughery said he only wanted to avoid fed-
eral regulations, not make profits for him-
self.
When told of the Idea, the person probably
most responsible for founding the hospital
center, Mrs. Lowell Russell Dltzen, said,
"I'm amazed Loughery would even consider
trying that."
Mrs. Dltzen persuaded her late husband
Sen. MUlard E. Tydlngs of Maryland, to In-
troduce the bin that gave the hospital center
Its building.
Pathologists: More Profits, More Pat
Making $200,000 a Tear — IV
(By Ronald Kessler)
In the basement of Washington Hospital
Center Is the relatively modest office of a man
who makes approximately $200,000 a year.
The man, 'Vernon E. Martens, Is not the
head of Chrysler Corp., Time, Inc.. Safeway
Stores, Inc., or Dow Chemical Co.. wh(jse chief
executives make about what Martens is paid.
He is not the head of the hospital center!
whose administrators get about a quarter of
Martens' pay. He is not the head of one of the
center's major medical departments, whose
chiefs also get about a quarter of Martens'
compensation.
Martens runs the hospital center's labora-
tory, which analyzes patient tissues. He Is
a medical doctor In the field of pathology, the
study of human diseases and tissues.
As hospital pathologists go. Dr. Mart€iis Is
not particularly well paid. Congressional
testimony and Interviews with hospital ad-
ministrators and accountants indicate many
make $300,000 a year and at least one In the
Washington area makes $500,000 a year.
Nor are pathologists the only ones so fa-
vored. Hospital radiologists, who interpret
x-ray photographs, and anesthesiologists, who
administer anesthesia during surgery, are
similarly well compensated.
The reason they are is one of many Illus-
trations of why it costs $170 a day to be hos-
pitalized at an Institution like Washington
Hospital Center and why hospital costs have
risen at about four times the rate of other
consumer prices since 1965.
Dr. Mtirtens says what he makes Is his own
business, and he declined to confirm or deny
the $200,000 figure (which Is based on hos-
pital records and talks with other patholo-
gists who work for him) or to say whether he
thinks he Is worth $200,000.
Testimony before the Senate Antitrust and
Monopoly Subcommittee, a 1967 Justice De-
partment suit against the pathologists, and
interviews with hospital administrators and
accountants and pathologists indicate a sim-
ple explanation for the high compensation.
The pathologists and other hospital medical
specialists have a monopoly on the services
they offer, and they use It to force hospitals
to give them an unusual form of compen-
sation.
Instead of working on straight salary, they
Insist upon being paid a percentage of the
profits of their departments, which are
among the most profitable In a hospital.
For pathologists, the payment is either a
percentage cf the ret profits or of the gross
Income of the hospital laboratory. This
money otherwise would go Into the general
funds of the hospital and reduce charges to
patients.
The compensation that results from these
arrangements Is "appalling," says Dr. John
F. Gillespie, a heart surgeon and medical
consultant who says he has studied the ar-
rangements at a number of local and na-
tional hospitals.
Dr. Kenneth J. Williams, medical director
of the Catholic Hospital Association, says
the lack of any celling or control on path-
ologists' compensation "borders on the scan-
dalous."
January 11, 1973
Dr. Ernest A. Gould, a Washington Hos-
pital Center trustee and former chief of Its
medical staff, calls the percentage of profit
compensation method a "vicious" practice
that gives doctors an Incentive to cut costs
to the point where medical quality suffers.
Indeed, many doctors at the hospital Cen-
ter say the departments with the most prob-
lems generally are the ones where the doctors
are paid out of profits from the departments.
These problems are particularly acute In the
anesthesiology department.
This is how the practice works:
Pathologists are given what many experts
call a monopoly on hospital laboratories un-
der a principle laid down by the Joint Com-
mission on Hospital Accredlatlon, which gives
hospitals their coveted accreditation. The
principle: hospital laboratories should be run
by pathologists.
Whether this is Justified Is questioned by
many experts who say a hospital laboratory
Is much like a manufacturing plant; most
of Its work Is concerned with testing blood,
urine, and other patient samples with "auto-
mated machinery, and this process should be
administered by a technician skilled In effi-
cient management methods and quality con-
trol.
Doctors in private practice generally send
patient samples to Independent, commercial
laboratories that often are run by techni-
cians or biochemists. These labs hire pa-
thologists on salary to perform the work that
only they can do — analyze tissues and give
interpretations of test results to doctors
when requested.
A 1969 Northeastern University study sup-
ported by the U.S. Public Health Service
concluded that costs to patients In hospitals
are raised by "Inefficient management" and
"often backward methods" of laboratories run
by pathologists who lack management skills
and have no desire to learn them.
Pathologists counter that a laboratory not
run by a pathologist does poor work. However,
several pathologists, including Dr. Martens,
conceded that they have no evidence to sup-
port this contention.-
Whatever the Justification, hospitals are
bound by the accrediting group to put pa-
thologists in charge of their laboratories. Pa-
thologists. In turn, refuse to work In the lab-
oratories unless they are given a percentage
of the profits.
Until 1969, according to a Justice Depart-
ment suit against the College of American
Pathologists, the specialty's professional
group, accepting a salaried position with a
hospital was cause for possible expulsion
from the group.
The college's canon of ethics included this
rule: "I shall not accept a position with a
fixed stipend in any hospital . . ."
An exception was made for those hospitals
nm by the local, state, or federal govern-
ments, presumably because laws would pro-
hibit government institutions from giving
profits to Individuals.
In practice, there was, and Is, another
exception. Pathologists will work on salary
for a university hospital. The result, says Dr.
Gillespie, Is that pathologists of equal qualifi-
cations work for $28,000 to $40,000 for uni-
versity hospitals but receive $200,000 and
more from general hospitals.
The College of Pathologists agreed In 1969
to omit the antlsalary canon and other rules
from Its ethics as part of a settlement of the
Justice Department suit.
The suit charged that pathologists had
illegally forced patients to pay "excessively
high prices" for lab tests by agreeing, often in
writing, to a series of monopolistic practices.
Among them : boycotting hospitals that re-
fuse to pay pathologists a percentage of prof-
Its, agreeing not to accept a hospital position
unless the pathologist already occupying the
slot Is consulted, boycotting commercial lab-
oratories not owped by pathologists, and
agreeing not to compete by reducing prices.
CONGRESSIONAL RECORD — HOUSE
The pathologists denied the charges, con-
tending in part that they are not engaged in
a business or commercial enterprise subject
to the antitrust laws. Rather, the pathologists
said, laboratories are "necessary instrumen-
talities utilized by physicians ... In the
course of their practice of medicine."
The pathologists agreed to stop many of the
practices complained of without admitting
the allegations. However, hospital administra-
tors say little has changed since the consent
decree was filed.
"Now they use the velvet glove approach,"
says Richard M. Loughery, administrator of
the hospital center.
"We pay or we get no service," says Samuel
Scrivener Jr., a lawyer who is president of the
hospital center.
Would the hospitals agree to the excessive
compensation If they were private businesses
owned by stockholders? The situations can-
not be compared. Scrivener says.
Dr. Martens' compensation last year cost
each patient entering the hospital center an
average of 79 cents a day, or (6 on the aver-
age total bill.
Last year, he was given $429,595. This rep-
resented 28 per cent of the net profit of the
lab after salaries, supplies, bad debts, and
discounts to third party Insurers had been
deducted from the lab's gross Income from
patients of $4.8 million.
Out of his payment. Dr. Martens says, he
paid about $24,000 for additional salaries of
residents or Interns, and he paid the salaries
of the five other pathologists working for
him at the time.
Talks with these doctors Indicate their
salaries fit the pattern of hospital lab com-
pensation throughout the country; a rela-
tively high salary of $65,000 for the second
man In charge and salaries of $25,000 to
$35,000 for the less senior pathologists.
The sum left over for Dr. Martens: a min-
imum of $200,000.
Despite the $6 that the average hospital
center patient pays for Dr. Martens' services.
Dr. Martens concedes he has little to do with
the bulk of the work of the lab. Most of this
work consists of chemical testing, a task
performed by technicians who stamp the
name of Dr. Martens or another pathologist
on the test report given to the physician re-
questing the test.
Nor Is Dr. Martens always at the lab. De-
spite the $200,000 he earns there, he works
at the hospital center Job only part time;
he has a similar position at Hadley Memorial
Hospital, where he Is paid a percentage of the
gross Income of that hospital's laboratory.
(Hadley refused to say how much Dr. Mar-
tens Is paid there.) He alio operates farms
In Virginia.
In contrast to the College of American
Pathologists' claim that hospital laboratories
are not a business. Dr. Martens maintains
that he Is a businessman who provides serv-
ices to the hospital, much as a catering com-
pany may run a hospital cafeteria.
Other experts take issue with this position,
saying that unlike a catering company that
has a franchise at a hospital, a pathologist
gets the right to operate a hospital's lab-
oratory without competitive blddmg, with-
out rent for space the laboratory occupies,
and without the normal risks and competi-
tive forces of a business, since a hospitalized
patient cannot take his business elsewhere.
The hospital lab Is "strictly a monopolistic,
money-making proposition," Dr. Edward R.
Ptnckney, a Beverly HUls, Calif., pathologist,
has testified before the Senate Antitrust and
Monopoly Subcommittee. He says prices to
patients could be considerably reduced if
hospitals hired independent laboratories to
perform tests
A comparison of prices charged for the
same tests by Wsishlngton Hospital Center
and two local, Independent labs bears this
out:
829
Test
HospiUI
cenlet
Lab A
Lab B
Average
ditterence
(percent)
Routine urinalysis
Complete blood count.
Pregnancy test
Mono test
7
11
6
18
25
{2.50
3.75
3.75
3.50
10.00
5.00
(1.00
iOO
3.50
5.50
15.00
5.00
186
U3
204
33
Routine tissue
12 channel (SMA 12)..
44
400
Lab A Is National Health Laboratories,
Inc., Arlington, and lab B is Washington
Medical Laboratory, Inc., Palls Church.
The average difference shows the addi-
tional price that hospital center patients pay
when compared with the average price of the
two Independent labs for the same test.
The Independent lab prices are those
charged to doctors, who generally draw sam-
ples themselves. National Health L^bs esti-
mates it could perform all the functions of
a hospital lab for no more than an additional
25 per cent on its regular prices.
Why don't hospitals use Independent labs
to cut charges to patients?
Dr. Jacques M. Kelly, head of National
Health Laboratories, Inc., says that despite
the 1969 Justice Department consent decree,
pathologists continue to have a "lock" on
hospital labs and an "ex officio" agreement
that they won't do busmess with an lnd«-
piendent lab, unless they own it.
Several years ago. Dr. Kelly says, his com-
pany offered to run tests for Washington
Hospital Center at what he says would hav«
been substantial savings to patients. For ex-
ample, he says, he could bid a maximum
$3.50 to perform the 12-channel
blood 6»st, compared with the current $25
price at toe center.
"They had no interest." he says. "To try
again woUld be an exercise in futility."
One reasbn Independent labs are able to
charge loweV prices is that they are largely
automated. The 12-channel test— whlcii
measures 12 Ingredients ranging from glucose
to protein in blood — Is performed by a $76,-
000 machine that does at least 60 blood sam-
ples an hour.
Dr. Martens says he hasn't bought such a
machine for his lab because there still are
problems with "balancing" it.
The Northeastern study suggested another
reason. It says that the machine saves so
much labor that it would pay for Itself in a
week if run eight hours a day. But the study
says hospital labs often don't buy the ma-
chine because the expenditure would come
out of the pathologist's compensation. The
salaries of technicians who perform the same
test by hand, the study says, are paid for by
Blue Cross and other third-party Insurers.
"Thus there Is little Incentive for a hospital
to Invest in automation," the study says.
But if the hospital center's lab became
more automated, there is little reason to be-
lieve prices to patients woxild go down. This
is because under his agreement with the cen-
ter. Dr. Martens sets his own prices. He. In
turn, gets a percentage of the profit the
prices produce.
In practice, these prices are based on fees
allowed by Blue Shield, which reimburses
patients for physicians' charges. The Blue
Shield fees, however, are recommended by a
committee of pathologists and ratified by
other committees and groups composed
wholly or primarily of doctors, concedes Bar-
ry P. Wilson, a Washington Blue Cross-Blue
Shield spokesman.
The relationship Is described this way \n a
report by hospital center trustees: "In the
laboratory and x-ray departments, the fee
schedules are set by the Medical Society (of
D.C.) and then adopted by Blue Shield.'" The
report adds, "We know some of these prices
are almost as ridiculous as some of the drug
prices."
Is it a violation of antitrust laws for pa-
thologists to set their own fees?
^30
tiust.
a n
ti ke
clans
a: lo^
Lewis Bernstein, chief of the Justice De-
pfirtmenfs special litigation section for anti-
said, "Unquestionably, an agreement
ong physicians on fees Is Illegal provided
affects interstate commerce. We would
:e the position it does."
While Wilson acknowledges that physl-
-ns determine fees that Blue Shield will
w them, and that these fees are followed
most without exception by hospital pathol-
■ i. he says pathologists are free to charge
wtiat they want.
The effect of this fee-setting system was
red early last year when Blue Shield
Its method of reimbursing pathol-
and pathologist charges went up
throughout the city.
ilue Shield previously had set specific
es that could be charged for each hospl-
test. It changed, on the mos- prevalent
Shield plan, to allow pathologists -to
„e their "usual and cusomary" fee.
Within a month of the change. Dr. Mar-
"usual and customary" charge had
rl^n considerably For the year, the In-
of the lab exceeded Its expected reve-
by 33 per cent, producing M73.206 more
pi^t for the hospital than expected.
Wilson acknowledges similar increases took
"' throughout the city at about the same
tljne. He says Blue Shield didn't start pay-
more, however. untU a year later.
Dr. Martens says the timing of his In-
sases and the Blue Shield change was a
'coincidence."
u iderscored
cl langed
0| ^sts.
iro'
Bl
pflces
tj,l
B
cl arge
tins'
ccme
n'les
pi ice
in?
tl
si
CQ
In
U
th
Inj
doisn
pel
sldsrs
twi«
anil
un
at
hel
pla
cUii
4 1
CONGRESSIONAL RECORD — HOUSE
ue
CHILDREN'S New BmLDiNC "Most Costly" —
V
rhe money-raising drives are highly effec-
' e. "No child Is ever turned away" Is the
(igan. Even nickels and dimes wUl help.
::hl]dren's Hospital of DC. has In this way
lected J2 million In cash and $4 million
pledges toward construction of its new
biJUdlng going up behind Washington Hospt-
Center.
rhe solicitations do not say that the four-
8t< ry. t50-mllUon building In question costs
ab}ut three times more per bed than the
most expensive general hospital built any-
Wl ere In the nation with federal aid last
ye ir.
jovernment experts say a pediatric hos-
1 such as ChUdren's. also built with fed-
ald. at the most should cost 5 per cent
i than a general hospital.
Children's Hospital officials point out that
cost of the new building is not out of
when compared with the number of
lare feet of space It will contain. They
It Is expensive when compared with the
beds It will house, but that this Is par-
y explained by the fact that It will con-
space for teaching, research, and out-
patient facilities. They note that a pediatric
going up In PhUadelphla costs
more than the DC. facility.
iJrady R. Smith, director of architectural
"» of the Department of Health, Edu-
and Welfare's Hill-Burton Program,
whjlch has approved $27 million In federal
and loans for the new building, says
space allocated In the building for teach-
research. and outpatient departments
It explain the hospital's cost of t200.000
bed.
i mlth points out other factors that he con-
"questl#aable : " Extra floors in be-
in each flaw' to house air conditioning
heating ducts, pipes, and electrical lines;
isually high ceilings: an empty space
thiough the center of the hospital: and
do\ ible outer walls.
The cost Is high almost any way you look
" " Smith says.
John P Olllesple. a consultant who
>ed design Georgetown University's
planned new «21.8 million Intensive care fa-
and who works on hospital construction
thiDughout the country, calls the Children's
pHa
enl
m(ire
:
th(
Ui^
sq
sa' '
25<i
tun
tain
pa:li
ho ipttal
gnnts
Hospital costs "shocking" and many of the
new facility's featiu-es "ridiculous."
"The public is Ignorant of what goes on,
and the archlt«cts play on this, and every-
one goes along with It because It U to help
the children," says Dr. Gillespie, a heart sur-
geon. "Meanwhile, millions of dollars that
could be used to save lives are going down
the drain."
Why Is Children's Hospital, which had a
deficit In Its last fiscal year of $708,420, ask-
ing the public to spend $50 million for a hos-
pital with double floors and walls? The an-
swer provides some Insight Into why hospital
costs have soared at four times the rate of
other consumer price Increase^ since 1965.
Dr. Robert H. Parrott. director of ChUdren's
HosplUl. while acknowledging that the facil-
ity Is expensive, said the expenditure will be
well worth It.
The extra nine- to 15-foot layer of space
between each floor will save money In the
long run. he said, because It will be easlrfSio
remodel the hospital If that ever bed^nas
necessary. The extra space — called an Inter-
stitial space — will allow workmen to walk
around the heating ducts and plumbing, he
said. He added that at least three other hos-
pitals— Including the Army's new Walter
Reed General Hospital— will have such
spaces.
Dr. Gillespie calls the spaces a "gimmick"
that might be Justlfled over the iterating
rooms and laboratories of a hospital but
never over the bulk of It. He says the Walter
Reed facility, started last August, is "an-
other Raybum Building." The Raybum
Building, which houses congressmen's offices,
was criticized during its construction for cost
overruns and expensive design.
Dr. Parrott said the double outer walls
separated by 5 feet of air space — also will
save money In the long run because the hos-
pital will be better Insulated, cutting heat-
ing and alr-condltloning bills. Dr. Parrott
said he knows of no other buUding con-
structed with double walls, but he said the
concept Is worth trying as an "experiment."
The idea for the double walls came from
the hospital's architects. Leo A. Daly Co.
When asked why the firm hadn't sold its
other customers on the Idea If It actually
cuts heating and alr-condltloning costs.
C. Robert Graham, an architect on the nrol-
ect. said:
■"It's a lot more than economics. The walls
will cut down on pollution and give a buff-
er against sunny and cloudy weather."
Asked what this meant, he said the dou-
ble walls filter light entering the hospital,
thus reducing the contrasts In light levels
between sunny and cloudy days. He asserted
this Is a good feature because "we find chil-
dren don't relate that much to the outside."
Dr. Olllesple. the hospital consultant sug-
gests architects try to sell hospitals on'more
expensive features to Increase their fees
Asked If the Daly firm Is paid more If the
project Is more expensive. Graham said no
But Dr. Parrott said the Daly firm is paid
a percentage of the project cost.
Smith said the Daly firm submitted a let-
ter to the Hill-Burton Program last May to
show that the cost of constructing the dou-
ble wall is about the same as for a single wall
In part because the double wall requires less
alr-condltloning equipment. In addition, the
letter says the double wall will save money
on a yearly basis because It provides better
Insulation.
Smith said the letter didnt make sense to
him. but he said the HlU-Burton Program
doesn't have the resources to check such
issues.
In a telephone Interview. Joseph A. Bagala.
the former Daly architect who signed the let-
ter, said that the comparison was based on
a hypothetical single wall that could have
been cheaper and better Insulated. He said
the cost cited for the wall covering the In-
January ii, igy^
terstltJal spaces was based on a more exnen
slve material in the hypothetical single wall
than that in the double wall model
Nevertheless, he said he still believes the
double wall is more economical.
Bagala, now a Dayton, Ohio, architect ai«n
said the hospital has 450.000 square feet iT
eluding all mechanical equipment. The skmp
figure has been used officially by the hospital
since construction of the new bulldlnTwM
annoimced. *
However when The Post began Inquirinit
^^ I " building's costs, hospital officials
said they had remeasured the floor space and
found the facility would have 557 000 square
feet, bringing its cost per square foot down
considerably. Part of the additional square
feet was described as space on the interstitial
levels for mechanical equipment that other-
wise would be placed on main hospital floors
When told of this. Bagala said "They're
trying to make it look good, now." He then
said perhaps some of the additional square
footage could be Justlfled.
The following chart shows how Children's
Hospital costs compare with other hospitals
started last year. The two figures for square
foot costs for ChUdren's are based on Chil-
dren's two versions of Its new building area-
Total project cost
Average Children's
Highest Hill-Burfon hospital
Hill-Burton metro area District
hospital hospital ol Columbia
Per bed J70. 186
Per square foot 72
Construction and fried
equipment per bed . 61.000
Per square foot 61
Construction only,
per square foot i 34
$51,937
59
43,331
49
J200 OOO
76 96
173,660
5874
50/63
Based on average hospital construction contracts let in 18
eastern cities last year as compiled by Dodge Reports, a McGraw-
Hill publication for the construction industry.
Asked If two or more hospitals might better
be built with the money being spent for
Children's, Dr. Parrott said that wasn't the
way the new facility was planned. He stressed
that funds for the building so far have been
collected only from businesses and founda-
tions, and that public appeals for money
have been for the hospital's dally operations.
However. Dan J. O'Brien, executive pro-
ducer of the WDCA-TV telethon that annu-
ally collects money for the hospital, said he
wouldn't be surprised If viewers thought
they were contributing to the building, since
no distinction wa£ made and the building
was frequently mentioned on the air.
The hospital president, George E. Hamil-
ton m, a lawyer, noted that the Hill-Burton
Program had approved every detail of the
building. Hin-Burton's director. Dr. Harald
Granlng, said. "I have no reason to believe
the costs are out of line In relation to what
they're getting."
Dr. Gillespie, the hospital consultant, said
Children's historically has spent money first
and worried about where to get It later be-
cause "they assume the public and federal
government will come to the rescue."
A former Children's Hospital financial
man said. "The hospital trades on Its image
of helping children, and they feel they have
a blank check."
He added, "The board (of trustees) comes
around once a month, and they want to do
good, and they hear stories about a case, and
they endorse' anything the director says."
Hospital administrators cite a wide range
of reasons for skyrocketing hospital costs,
from unionization of employees to demands
by doctors for more equipment. "It's a matter
of costs of labor and supplies going up." says
William M. Bucher. executive vice president
of the Hospital Council of the National Capi-
tal Area, Inc., an association of local hospi-
tals.
January 11, 1973
CONGRESSIONAL RECORD — HOUSE
831
But many experts Inside and outside the
Hospital industry say such explanations miss
the real point : that hospitals have no reason
to reduce costs because they are reimbursed
for whatever they spend, and operate without
the controls of competition, regulation, or
pubUc scrutiny.
"The Incentive, If anything, is to raise
costs." says Dr. Arthur A. Morris, vice presi-
dent and treasurer of Doctors Hospital of
D.C
"We have created a powerful financing
machine without brakes or a steering wheel,"
gays Ray E. Brown, executive vice president
of Northwestern University's Medical Center
in Chicago.
"There are so many savings to be had in
hospitals it would make your head spin."
says Herbert S. Denenberg. the Pennsylvania
insurance commissioner.
The waste of money cited by many medi-
cal experts ranges from construction of more
hospitals than are necessary to purchasing
of a particular company's goods because of
Hckbacks given to hospital purchasing
agents. It includes unnecessary surgery, un-
necessary hospitalization, unnecessarily long
hospitalization, unnecessary testing, lack of
competitive bidding for goods and services,
duplication of expensive equipment and fa-
cilities by many hospitals In a city, refusal
of hospitals to share services or purchase
goods Jointly to lower hoslptal costs, and
expensive operating rooms left largely idle
on weekends.
Almost any one of these Inefficiencies rep-
resents a major extra cost borne by consum-
ers. For example, patients admitted to major
teaching hospitals such as Georgetown Uni-
versity Hospital and George Washington Uni-
versity Medical Center stay 18 per cent longer
than those with similar problems admitted
to non-teaching hospitals, according to a
1969 study by the Commission on Profes-
sional and Hospital Activities, a group fi-
nanced by the hospital Industry.
The extra time — known In the business
as the "teaching effect" — Is caused by Interns
and residents who keep patients in hospitals
longer so they can further their own educa-
tion.
An 18 i>er cent increase in stay on the
average Washington Hospital Center bill
would mean an extra $240.
Costs of educating doctors should be borne
by the government, not by patients, says Dr.
S. Philip Caper, a health aide to Sen. Edward
M. Kennedy (D.-Mass.). So long as they are.
says Dr Morris of Doctors Hospital, the
amounts should be disclosed on patients'
bnis. This would bring more public pressure
to bear on hospitals to get their costs down,
he says.
Some health experts say hospitals can be
compared with a department store that has
no reason to keep Its prices low because cus-
tomers are referred by third parties (doc-
tors) , because customers have no way of
knowing what the prices are for services of-
fered or how to evaluate the services given,
and because the customers don't particularly
care what the prices are since the bill is
footed by another third party (the Insurance
company).
Others compare hospitals with public utili-
ties that are necessary to life but can do
essentially whatever they please.
"Having a dozen hospitals In town, each
with its own open-heart surgery and Inten-
ilve-care unit, makes about as much sense
u having three telephone companies In town,
each with Its own set of wires on every street.
Costs to the consumer would triple," says
Denenberg, the Pennsylvania Insurance com-
missioner.
A recent Issue of a Blue Cross-Blue Shield
publication estimates that the cost to equip
an open-heart surgery unit Is $160,000. Wash-
ington has six such units, according to a re-
cent American Hospital Association listing.
»nd Dr. Gillespie, the medical consultant who
is a heart siu-geon. estimates the city needs
only two.
Besides the added expense, he says, extra
units with a shortage of patients may result
In unnecessary deaths because the surgical
team doesn't keep In practice.
"There Is no such thing as metropolitan
area health planning," says a high Blue
Cross-Blue Shield official. New construction
and facilities are motivated by "rivalries and
prestige rather than how to keep costs
down," he says
Dr. Amos N. Johnson, a past president of
the American Academy of General Practice,
a general practitioner group, says that in
large part, because doctors find It mere con-
venient and financially rewarding to admit
patients to hospitals than to treat them in
their offices, about one-third of hospital ad-
missions are unnecessary.
Some hospitals have found they can save
substantial sums by sharing facilities: 13
Minneapolis hospitals purchase drugs at low-
er discounts than they could get If purchas-
Idg alone; 24 Boston hospitals pool laundry
facilities; nine Norfolk. Va., hospitals esti-
mate they save $1.5 million a year by shar-
ing a computer.
In Washington, such sharing is minimal,
and a recent dispute between Washington
Hospital Center and Children's Hospital pro-
vides a case history of why.
The center offered to sell steam to the new
hospital so it wouldn't have to build Its own
heating plant. Hamilton, the Children's Hos-
pital president, says the center's price for
the steam was higher than what it would
cost the new hospital to produce its own
heat.
Underlying the dispute were more basic
problems that come into play whenever hos-
pitals consider sharing services. Children's
Hospital, accusing the center of ""emplre-
buildtng." feared that sharing heat might
lead to eventual merger of the two hospitals.
The center, for its part, feared that Chil-
dren's Hospital, with a $708,420 deficit In Its
last fiscal year, wouldn't pay Its bill for the
steam. Minutes of hospital center trustees'
meetings show the center believed it would
have to choose between giving away steam
free or shutting off heat to sick children.
Hamilton concedes that Children's Hos-
pital Is often slow paying Its bills, but he
says eventually they are paid.
Just as there is no law or regulation that
requires hospitals to share services to re-
duce their costs, there is no requirement that
they seek competitive bids when buying
goods or services, unless federal construction
money is Involved. Even this requirement
can be circumvented.
Legal memos to the Washington Hospital
Center from its counsel. Hogan & Hartson.
show that the hospital earlier this year drew
up a contract with George Hyman Construc-
tion Co. to build Its planned $10.4 mUllon
extended care building without any com-
petitive bidding. The building Is for- recuper-
ating patients who don't need extensive hos-
pital services.
The Hyman contract is called a manage-
ment contract. This means Hyman Is paid
for managing the project and securing bids
for the actual construction work. Hyman
guarantees the total project will not exceed
a given figure. If the actual cost is lower
than the guaranteed price. Hyman shares in
the savings.
Such a contract is not permitted under
regulations of the Hill-Burton Program,
which will fund part of the project, accord-
ing to Smith, the director of architectural
services. The reason, he says. Is that It would
be a simple matter for a construction man-
ager to share in savings and inflate the cost
of the project by intentionally sjttlng a
high guaranteed price for the building.
Despite the regulations, the hospital cen-
ter's legal counsel. John P. Arness of Hogan
& Hartson. says Hill-Burton officials haven't
raised any objection to the lack of competi-
tive bidding.
In his memos to the center. Arness casti-
gated its administrators for drawing up a
contract "In the approximate amount of $10
million without the protection of competi-
tive bidding." However, he concluded that the
project was too advanced to be stopped
The Hyman company had previously buUt
the center's recently completed intensive
care unit — for critically ill patients — after
submitting the lowest of four bids received.
At the time, Mrs. George Hyman. widow of
the founder of the company, was a trustee of
the hospital. Mrs. Hyman says she sold her
Interest In the company In 1959. and she
resigned from the center's board in August.
1971.
The chairman of the Hyman company,
Benjamin T. Rome, said he knew nothing
about the extended care project and referred
all questions to the company president, A.
James Clark, who did not return repeated
telephone calls.
Richard M. Loughery. administrator of the
hospital, claimed no contract had t>een drawn
up with any company, although Arness had
given a detailed analysis of the contract with
Hyman last spring.
Competitive bidding was sought on an-
other construction contract, but the lowest
bid wasn't taken.
The hospital agrees the lowest bidder to
build a new parking lot along Michigan
Avenue was Corson and Gruman Co. But
when the bids were op>ened, Robert E. von
Otto, who Is m charge of the center's build-
ing and maintenance departments, called the
company to point out that its bid omitted a
figure for parking gates. A company employee
agreed on the spot to add a price for gates —
and lost the contract.
A. C. Cox Sr.. president of the firm, later
protested that the action was "highly im-
proper."
Von Otto says that when he saw the Corson
price was low. "I wunted to make sure they
knew what they were doing."
He adds, "There's no law that says you
have to accept low bids. The difference was
$2000. Well, big deal "
Von Otto himself Is not employed by the
center. His company, Robert E. von Otto &
Associates, Is retained by the center as a con-
sulting engineer.
There was no competitive bidding on Its
contract.
Loughery says engineering firms don't bid
because It would violate their professional
ethics; neither do engineers like to be em-
ployees, he claims. Instead, he says, they like
to be Independent contractors.
Despite the examples of lack of competitive
bidding, waste, and Inefeciency. hospital cen-
ter officials, like hospital administrators
throughout the country, often cite increasing
unionization of hospital employees as a key
reason for high hospital costs.
But Dr. Martin S. Peldsteln. a Harvard
University economics professor, points to Bu-
reau of Labor Statistics figures that show
that hospital employees In many (categories
have been paid more than their counterparts
in private Industry for many year^
Dr. Feldstein, author of "The RlSlng Cost
of Hospital Care." says hospitals accede to
employee demands for more money because
"they will get it from the insurance com-
panies. "
It is the "blank check" payments from the
Insurance companies that are at the root of
high hospital costs, says Pennsylvania in-
surance commissioner Denenberg.
About 87 per cent of hospital costs are
paid for by insurance plans — Blue Cross.
Medicaid and Medicare, and commercial
health insurance companies.
Most of the plans reimburse hospitals for
their expenditures and give them an addi-
tional payment — called "cost-plus" — to cover
profit. Businesses only get a profit If they
832
etjlNGRESSIONAL RECORD — HOUSE
keep expenses below revenues, but the In-
surance plans give hospitals this payment
anyway.
■ The government gave hospitals cost-plus
contracts, and their costs rose. It paid doc-
tors on the basis of their customary fees,
and their fees rose," says Dr. Rashl Fein, a
Harvard Medical school medical economics
professor.
"Government agencies are all over the
place, but they don't do anything," says
Denenberg.
Blue Cross, the private Insurance plan
that pays for more hospital charges than any
other program, is no better, says Theodore A.
Cron. who headed the now-defunct Ameri-
can Patients Association.
Blue Cross historically has been dominated
by hospitals, which started the organization
in 1929 as a way of assuring that their bUls
would be paid. Until recently, the Blue Cross
emblem and name were owned by the Amer-
ican Hospital Association, and because of an
act of Congress, the local Blue Cross govern-
ing board is composed primarily of doctors
and hospital officials.
Because of this domination, says Cron.
'Blue Cross and Blue Shield have neglected
to Impose any kind of reasonable manage-
ment control on hospitals. About all that's
needed is that the bill come in on the right
size paper."
Without naming any companies. President
Nixon last year criticized health Insurance
plans that encourage patients to enter the
hospital by paying for cenaln procedures
only if they are performed in the hospital.
The president of the national Blue Cross
Association Inc.. Walter J. McNerney. says
this problem In large part has been remedied.
However, one Kensington pijiyslclan. Dr.
Martin C. Shargel. says patient^ ask him at
least once a week if they can be hospitalized
so Blue Cross will pay the bill.
Although the patient thinks he is saving
money, he is losing it In the long run. Treat-
ing a patient with pneumonia at home costs
$125, says Dr. Jonathan Titus, an Alexandria
physician, compared with about $800 If
treated in the hospital.
The difference of about 600 per cent Is
passed on to consumers In the form of
higher health Insurance premiums.
Systm* Lacks Pxtblic Control — VI
Sibley Memorial Hospital purchases Its
heating oil from the family company of a
hospital trustee. Cafrltz Memorial Hospital
buys tools and hardware supplies from a
hardware store owned by a trustee. Washing-
ton Hospital Center employs a patient ad-
missions director who Is the son of a hospital
trustee.
Such conflicts of interest and nepotism ar«
commonplace in the hospital industry and
are symptomatic of what many see as a lack
of public control over hospitals and the en-
tire health system.
The United States last year spent $75 bil-
lion for health care, or 7.4 per cent of the
gross national product. This is a higher pro-
portion than that of any other country. Yet
the United States last year was behind 13
other nations in infant mortality rate, be-
hind 21 other countries In male longevity,
and behind six other countries in female
longevity.
"There is no one in a position to say we
spent S75 bUllon on health care last year,
and we didn't get enough for the dollar, and
changes have to be made," says Dr. Paul B.
Comely, a Howard University College of
Medicine community health professor.
"The decisions are made by the medlcal-
Industrlal complex without any accountabil-
ity to the public." says Dr. Cornely, a past
president of the American Public Health As-
sociation.
"What we have today." says Department of
Health, Education, and Welfare Secretary El-
liot L. Richardson, "is a health care 'non-
system' bordering on chaos."
"There is no policing of hospitals or health
'care," says Pennsylvania Insurance Commis-
sioner Herbert S. Denenberg. "It's really In-
credible."
Hospitals by their very nature are incred-
ible places. The need for a new piece of
equipment Is argued In terma of how many
^ves may t>e lost next week If It U not pur-
ychased, and a lunch date Is cancelled or kept
..depending on whether a surgeon found can-
cer that morning and will have to continue
cutting into the afternoon.
In theory, tnistees and administrators run
hospitals, but In practice the real power lies
in the hands of the doctors, whom the hos-
pitals rely on to get patients.
The doctors use the hospitals as their work-
shops without paying for the millions of
dollars worth of buildings and equipment In-
vested in them and they strenuously resist
outside efforts to check on the quality of
their work.
The doctors set up internal audit commit-
tees, but committee members who become
too critical of unnecessary or sloppy surgery
may be ousted from their position by the
other doctors.
Hospital accounting systems are chaotic,
and the same financial question can be an-
swered five different ways, making it easy for
a hospital administrator to confuse a would-
be Inquirer.
Although hospitals are multlmlllion dollar
businesses, many are still run by bookkeepers
In green eye shades and administrators with
no knowledge of finance or efficient manage-
ment.
But the greatest paradox is that there are
few. if any. Institutions in society as vitally
important to the public interest and welfare
as hospitals. Yet there are few, if any. In-
stitutions so totally lacking In public control
through either competition or regulation.
Anne R. Somers. a Rutgers Medical School
associate professor, suggests the reason for
this Is that the public Is mystified by medical
matters and traditionally reluctant to inter-
fere. In addition, she says, the nature of hos-
pitals has changed from that of strictly
charitable organizations to big businesses
running on million of dollars of federal
funds. Yet there have been no changes In the
way hospitals are controlled.
More than 90 per cent of hospital admis-
sions In the country are private, nonprofit
hospitals run by self-perpetuating boards of
trustees who generally represent neither the
community where the hospitals are located
nor the patients they treat.
These trustees account only to themselves
and frequently take the attitude that how
they Txm the hospital and spend its money is
none of the public's business.
During preparation of this series, a number
of local hospitals reacted with Indignation
when asked for lists of their tmstees or re-
ports on their financial condition.
One hospital, Sibley, said Its trustees spe-
cifically had ordered that their Identities
were to be kept secret. After several months
of prodding, the hospital relented and re-
leased the trustees' names— omitting their
addresses or business affiliations.
Washington Hospital Center made avail-
able a large amount of financial information
after details of many conflict-of-interest
transactions at the hospital had been learned.
It then billed The Washington Post for more
than $1,000 for expenses Incurred In gather-
ing the material. When The Post refused to
pay, the hospital said any Post photographer
or reporter who steps foot In the hospital
will be escorted off the premises by hospital
guards.
Asked for copies of the center's press re-
leases, Jane P. Snyder, public relations direc-
tor, said the center does not put out press
releases. When the center's press releases
were later noticed coming into the Post's
newsroom. Mrs. Snyder again was asked
about the releases. She attributed her earlier
denial to a misunderstanding.
January li, 2973
This week, H. Joseph Curl, administrator
of Georgetown University Hosplui, said h^
would not give The Post a copy of the h«
pital's latest audited financial statenwm
despite American Hospital Association orta
ciples saying hospitals have an obligation tn
give such reports to the public
Curl's reason: a chart that appeared In
Sunday's editions of The Post allegedly did
not "differentiate" between teaching and
other hospitals when comparing coat of na-
tlent stays at Washington area hospitals
A caption under the chart said "OeorBe
Washington and Georgetown, which are ma
Jor teaching hospitals, have higher costs
partly because of teaching costs."
Did this differentiate? Curl said it was oniv
a "one-sentence statement. "
"I can find out more about a companv
traded over-the counter than I can about the
place I depend on for life or death" says
Harry J. Becker, community medicine profes-
sor of Albert Einstein College of Medicine In
New York City.
"Hospitals are the way industry was dec-
ades ago." says Dr. Charles B Perrow a
sociology professor at State University ' of
New York. Stony Brook, N.Y. "There's no ac-
countability or disclosure, and this gives the
trustees more power to throw around."
Although half the hospital expenditures in
the country come from local, state, and fed-
eral governments, and although hospitals re-
ceive large subsidies In the form of exemp-
tions from taxes, there Is no federal law re-
quiring disclosure of hospital financial data
or prohibiting conflicts of Interest by hospi-
tal governing boards.
The Social Security Administration, which
administers Medicare, has voluminous daU
on hospital operations but refuses to make
It public, says Mai Schechter, senior editor
of Hospital Practice, a publication for doc-
tors. Schechter recently won a legal battle
to gain access to at least some of the Infor-
mation.
Several states. Including the District of
Columbia, have laws prohibiting confllcU of
Interest by hosplUl trustees, but the statutes
are rarely, if ever, enforced.
Those Involved in the conflicts at Sibley
and Cafrltz each said there was nothing
wrong with the transactions. The Sibley
trustee, Guy T. Steuart n, acknowledged he
is the son of the chairman and a brother of
the vice president of Steuart Petroleum Co.,
which last year supplied $51,000 In heating
oU to the hospital. He said he also "may"
own stock In trust In the oil company.
Steuart, the president of Guy Steuart
Motors in Silver Spring, said the company
began supplying oil to the hospital before
he became a trustee, and he said he has had
no connection with the oil contract.
Robert A. Statler, acting executive director
of Sibley, said the hospital gets competitive
bids on the contract each year, but he re-
fused to make the bids available or name
the companies asked to bid.
Asked earlier If Sibley has any trustee as-
sociated with or connected with a company
that does business with the hospital, Sutler
said no. He subsequently Insisted that Steu-
art's relationship to Steuart Oil Co. does not
mean he is associated or connected with It
Cafrltz trustee Prank J. Komenda ac-
knowledged that his store, Blaine Hard-
ware Store, last year supplied $1,800 In hard-
ware to Cafrltz. He said the hospital prob-
ably saves money by dealing with his store
and getting a 10 per cent discount off re-
tall prices because a hardware wholesaler
may charge more If Eisked to deliver small
orders.
But one wholesaler. Pries, Beall & Sharp
Co., said It gives discounts of up to 30
per cent on any size order delivered to hos-
pitals.
If these hospitals were publicly traded
companies they would be required by Se-
curities and Exchange Commlslson regula-
tions to disclose such transactions — called
"self-dealing"— to stockholders. The stock-
January 11, 1973
CONGRESSIONAL RECORD — HOUSE
833
holders could examine the terms of the trans-
actions and determine If they should be
terminated.
If these hospitals were foundations or fed-
eral agencies, they would be barred by law
from doing any business with their trustees,
officers, or employees.
Hospitals are not public companies, foun-
dations, or federal agencies. They are tax-
exempt organizations, a status given them
by the Internal Revenue Service, and critics
say the IRS does little to regulate them.
To qualify for tt«-exempt status a hos-
pital may not give any of Its profits to
trustees, employees, or officers. The IRS In-
terprets this literally.
Asked If a hospital would lose Its tax ex-
emption If employees took profits from the
hospital by setting up a company to do
business with the hospital, or If doctors In-
sisted on being given a percentage of the
proSts of departments within the hospital,
an IBS spokesman said no.
His reasoning: "We do something to
the hospital If It Is already being cheated?
The hospital Is the Innocent pEircy."
Asked If this means the IRS condones such
transactions, the spokesman quickly added
It does not, and If brought to the agency's
attention "we would look into it."
In practice, says Marilyn Q. Rose, head of
the Washington office of National Health
and Environmental Law Program, "I don't
think there's anything a hospital could do to
lose its tax exemption, unless it's a small
hospital run by a few doctors who never
intended that it be charitable."
Thomas F Field, executive director of
Taxation With Representation, a tax reform
group, says, "The IRS doesn't do much in
the way of supervising hospitals. On the oth-
er hand, the statute is vague and makes it
an almost impossible task."
A change in the statute was recommend-
ed by a 1965 Treasury Department report
that also proposed tighter controls over foun-
dations. Foundations and hospitals are among
the 567,000 tax-exempt groups In the coun-
try. The changes in foundation law were sub-
sequently passed by Congress In 1969, but
hospital regulations remained unchanged.
Federal laws prohibiting conflicts of In-
terest by hospital trustees and requiring
public disclosure of hospital financial data
are two of the obvious remedies to some of
the abuses described in this series of articles.
But solutions to some of the larger prob-
lems of hospitals' lack of public account-
ability and of waste and Inefficiency in the
health care system come much harder. In
part, this Is because few people outside the
health care Industry have a full understand-
ing of the problems.
Rep. Ronald V. Dellums (D-Callf.) has pro-
posed a takeover of the health care system
by the federal government. Most oroposed
solutions run along more modest lines: cen-
tralized hospital financing and government
regulations of hospital expansion plans,
charges, and quality.
Many observers believe government reg-
ulation on the federal level would be too
imwleldy. They favor state regulation by
commissions analagous to the public utility
commissions that regulate telephone ard
electric companies, but using federal guide-
lines.
Such a proposal is backed by the American
Hospital Association, the trade association
of hospitals.
According to HEW, about 20 states al-
ready regulate construction of new hospital
facilities. Professor Somers says about a third
of the states have this or some other limited
form of utility regulation of hospitals, and
other states have debated the issue in their
legislatures.
Two years ago, Msiryland prohibited new
hospital construction without state appro-
val, and a Health Service Cost Review Com-
mission In Baltimore keeps financial records
of hospitals on file. Starting In 1075. the
commission will regulate hospital charges.
Sen. Edward M. Kennedy (D. Mass.) has
taken the position that the health care
problem cannot be solved until financing Is
centralized. Kennedy's national health In-
surance bill Is one of more than a dozen leg-
islative proposals introduced or backed by
labor unions, insurance companes, the AHA.
the American Medical Association, and the
Nixon administration to change health fi-
nancing practices in the country.
The Kennedy bill, probably the most com-
prehensive and widely-debated measure,
would scrap private and current government
health Insurance programs and substitute
direct federal financing of hospitals through
tax revenues.
The program would be administered by
a public board with regional centers that
would review hospital budgets before money
Is expended, control new hospital construc-
tion and equipment purchases, and keep
hospital financing data on file for public
inspection.
Sen. Kennedy estimates the elimination of
the scores of private and government health
plans, each with their own bill requirements
and auditing methods, alone would save
hundreds of millions of dollars a year.
"The entire health system is drastically
In need of overhaul," Sen. Kennedy says.
President Nixon also has cited a "deep-
ening crisis" In medical costs.
"The toughest question we face," he said
In a message to Congress last year, "is not
how much we would spend but how we
should spend It. It must be our goal not
merely to finance a more expensive medical
system but to organize a more efficient one."
A BILL TO AMEND THE SOCAL SE-
CURITY ACT TO REMOVE EARN-
INGS LIMITATION
(Mr. HUDNUT asked and was given
permission to extend his remarks at this
point in the Record and to include ex-
traneous matter.)
Mr. HUDNUT. Mr. Speaker, in my
study of the Social Security Act I feel
that one of the more dubious provisions
is the so-called retirement-earnings test,
which puts wage and salary limitations
on social security beneficiaries. The idea
behind the test is that, if a beneficiary
continues to earn more than certain
amounts, he will lose some or all bene-
fits. Today, I am introducing a bill to
amend the act so as to remove the lim-
it on outside income which an individual
may earn while receiving benefits.
It seems to me an inequity exists if
taxpayers are required by law to pay part
of their wages into the Federal old-age
and survivors insurance trust fund, but
then are not entitled to receive full ben-
efits later in life between retirement and
age 72 when full benefits become auto-
matic simply because they continue to
work and earn. Moreover, many people
cannot understand why "earned" income
should be subject to limitations, while a
social security beneficiary can receive
any amount of "unearned" income — div-
idends or pension payments, for exam-
ple— without losing benefits.
A more basic objection to the retire-
ment-earnings test is the simple fact
that it penalizes someone who wants to
work. A man or woman should have the
right to work as long as he or she is
capable and desirous of doing so. More-
over, with continuing inflation, there is
an increasing desire among older Amer-
icans to obtain part- or full-time work at
the normal wage scale without being
penalized imder the law. Why should
anyone, including older Americans, be
discouraged from continuing to be pro-
ductive members of the community? It
seems to me that the policy of the Con-
gress and the Federal Government
should be to encourage productivity and
the work ethic rather tlian discourage
it.
The Social Security Amendments of
1972 did liberalize the retirement-earn-
ings test somewhat — increasing the basic
limit from $1,680 to $2,100 in annual
earnings. This was a start in the right
direction, but only a start. Personally, I
feel the limitation should be removed
entirely and, from the numerous conver-
sations I had with older Americans dur-
ing the fall campaign, I know that they
want and deserve this type of legislation.
That is why I am introducing this bill
today. It is my hope that the Committee
on Ways and Means will give this meas-
ure early and favorable consideration.
THE LATE HONORABLE CHESTER H.
GROSS
(Mr. GOODLING asked and was given
permission to address the House for 1
minute, to revise and extend his remarks
and include extraneous matter.)
Mr. GOODLING. Mr. Speaker. I am
deeply saddened by a recent report that
the Honorable Chester H. Gross, who was
bom October 13, 1888, has passed away.
Mr. Gross represented essentially the
same congressional district it is my privi-
lege to represent in the U.S. House of
Representatives. He served in the 76th,
78th, 79th, and 80th Congresses.
He attended schools in York, Pa., and
Perm State College a^ ? ate College, Pa.
Mr. Gross, himself a farmer, was
vitally interested in agricultursil matters
and was consistent in championing the
cause of the farmer. He introduced and
ardently supported legislation designed
to improve the position of the American
farmer.
During World War n, Chester Gross
carried on a vigorous campaign to im-
press the American public with the im-
portance of saving food. He strove to
bring his message home by using the
slogan "Lick Your Platter Clean." He re-
ceived broad recognition for his efforts
to preserve food during the emergency
period of World War H.
Chester Gross also was very active in
educational affairs. He served as a school
board director from 1931 to 1940. He was
also president of the State School Direc-
tors Association for the 1939-40 period.
Prior to serving in the Congress, Mr.
Gross was engaged in other areas of pub-
lic service. He served as a township su-
pervisor from 1918 to 1922. In addition,
he served as a member of the State of
Pennsylvania House of <Representatives
from 1929 to 1930.
After Mr. Gross concluded his congres-
sional career, he became actively engaged
in real estate affairs.
I am indeed saddened by this loss;
however, this sadness is softened by the
realization that the life of the Honorable
Chester H. Gross was meaningful and
significant, bringing great benefit to his
constituency, his State, and his Nation.
cxix-
-53— Part 1
^34
CONGRESSIONAL RECORD— HOUSE
FHE 150TH ANNIVERSARY OF ES-
TABLISHMENT OF DIPLOMATIC
RELATIONS BETWEEN THE
UNITED STATES AND LATIN
AMERICA
(Mr. FASCELL asked and was given
)ertnission to extend his remarks at this
X)int In the Record and to include ex-
raneous matter.)
Mr. FASCELL. Mr. Speaker, on No-
ember 14, 1972. the Permanent Council
»f the Organization of American States
leld an extraordinary session in Con-
fress Hall in the city of Philadelphia to
> lommemorate the 150th anniversary of
he establishment of diplomatic rela-
Jons between the United States and
jatin America. The meeting was held
n response to a suggestion of our very
ible Ambassador to the OAS, Joseph
fohn Jova.
This special anniversary meeting em-
>hasized the friendly relations which
lave bound together the nations of this
lemisphere for the past century and a
lalf. The purpose and spirit of the ses-
iion was underscored in the following
iirticle authored by Ambassador Jova
i^hlch appeared in the December 3 edi-»
fion of the Miami Spanish-language
(laily-^ewspaper Diario las Americas:
^>*fc OAS. Minister Torres, and
Philadelphia
(By Ambassador Joseph John Jova )
Diario Las Am&ricas has asked me the
I easons why 1 Invited the Permanent Coun-
( 11 of the OAS to hold a Protocolary Session
I I Philadelphia. First of all. It was simply
Id celebrate 150 years of diplomatic rela-
1 1ons between the tTnlted States and Latin
jjnerlca. This In Itself was more than sulll-
(lent reason for a commemorative session.
' "he fact that ' the first diplomatic agent.
Minister Manuel Torres of Colombia, spent
l3ng years of exile in Philadelphia and is
1 urled there, opened the possibility of In-
1 Itlng the Council to meet In that city, pre-
(isely at the historic site of Congress Hall
where our National Congress met In the
Ixst years of our Independence when Phll-
sdelphla was the capital of the United
I itates.
Moreover, at a time when there Is so much
( mphasls on the points of difference and
( onfllct between Latin America and our-
i elves. It seemed to me that it would be very
iseful to hold a session at which we could
i 1 good faith emphasize all that unites \xs.
^Lnd the truth Is that It is all too easy to
l|rget aU that we have in common — our
I evolutionary and antlcolonlal origins, our
c onstltutlons. our republican form of gov-
^ mment. and all the ties of culture, policy,
ind trade — in fact, all the ties which have
I een created within the Inter-Amerlcan Sys-
tem. and outside of It as well, during these
150 years of diplomatic relations. As Secre-
t ary of State Rogers remarked ertemporane-
( usly in his toast, the countries of this
Hemisphere can be proud of the fact that
1 re have had, as in no other part of the world,
I Continent of Peace. Independence, and
ITeedom. This is in great measure due to
the Inter-Amerlcan System, which, with all
Its Imperfections, has yet proved to be an
• ffective instrument for harmonizing rela-
1 1ons among the countries of the Hemisphere.
In my speech opening the Protocolary Ses-
slon, I made reference to the belief which
1 aspired the members of our first congresses
that the sovereign Interests of the states
(here represented could be mutually devel-
( ped through a freely accepted association of
« qual states under law. This same belief has
Ittsplred the countries of the Americas to
1 orm the Inter-Amerlcan System, In the con-
viction that the sum of our associated forces
Is greater than that of the Independent
parts, and that through our efforts It Is possi-
ble to harmonize national Interests, resolve
conflicts, and combine resoxirces for the
greatest benefit of all.
I recognize that we all — Including our own
country, the richest and most powerful In
the world — face the terrible challenge of
underdevelopment and Its problems, and I
acknowledge the obligation we all have to
find ways of providing a better life for o\a
peoples. Nobody yet has found the solution
to this challenge, but as my colleague the
Ambassador of Venezuela, Don Oonzalo
Garcia BustUlo. put It so elegantly: "In our
American region, we have both opulence and
poverty, but we have conditions here un-
equaled anywhere else on earth to enable us
with sincere programs to establish the sys-
tems of communication which international
social justice demands."
When we were preparing to go to Phila-
delphia, the Library of Congress provided
me with a photocopy of the Philadelphia
newspaper TKe Aurora for July 22, 1822,
which carried a report of the death of
Minister Torres. As I read this old news-
paper, I was Impressed by the fact that,
contrary to Journalistic practices In our
country today, a great number of dispatches
(there were no cables) were published, re-
porting events In various parts of Latin
America. This strengthened my resolve that,
on his historic occasion, the OAS should
meet not at Its headquaoiers but In Phila-
delphia, thus helping to focus United States
public opinion not only on the OAS, but
also on the whole Latin American panorama.
Aside from the reasons I have already
stated for Justifying our coming to Phila-
delphia. I believe that one cannot forget
the human aspects of this event. The trip
provided the opportunity for getting together
informally, without protocol, during the
train ride, with the opportunity of socializing
not only with the OAS Delegates but also
with Secretary of State Rogers and his party,
and one must not discount the importance of
social Intercourse and the personal factor
In diplomacy. My 30 years as a diplomat
have convinced me that If national policies
are the big wheels in the International ma-
chinery, the personal effort of the good di-
plomat can be likened to the drops of oU
that make those wheels turn.
EARTHQUAKE IN NICARAGUA
(Mr. FASCELL asked and was given
permission to extend his remairks at
this point in the Record and to include
extraneous matter.)
Mr. FASCELL. Mr. Speaker, when a
great natural disaster strikes, such as
the earthquake w^hlch ravaged the city
of Managua, Nicaragua, on Decem-
ber 23, it is diflQcult to put into words
the great sense of loss which each of
us feels whether directly involved or
not. Few of us will ever be able to fully
comprehend the scope of such a tragedy
but each of us wishes, in some small
way, to be of assistance, to help those
whose lives have been shattered, whose
relatives have died, whose livelihood has
vanished. As Americans, we can be
proud of the prompt and meaningful
response we have made to the urgent
needs of the people of Nicaragua.
EARTHQUAKE DAMAGE
At 12:35 a.m., CDT, on December 23,
1972. an earthquake measuring 6.25 on
the Rlchter Scale struck Managua, the
capital city of the Central American
nation of Nlcaragiia. As a result of the
earthquake and the fires it caused, at
Januanj 11, 1973
least 4,000 persons died, more than
10.000 were injured, and 75 percent of
the city's estimated population of 400 -
000 were made homeless. '
U.S. RESPONSE
Within hours of the first report of
the earthquake a 40-man U.S. military
disaster assessment team, funded by
the Agency for International Develop-
ment, reached Managua from Panama
Based on reports from the team a mas-
sive airlift of medical supplies food
water purification plants, and other
equipment together with needed per-
sonnel was begun. In the days since
the earthquake, the United States has
already firmly committed $7 million
from the AID contingency fund for re-
lief supplies. In addition. $2.5 million
of Public Law 480, title n foodstuffs has
been authorized.
In the immediate aftermath of the
earthquake highest priority was given
to the treatment of the injured. Two
Army hospitals and the Rockland County
Mercy Mission Hospital were quickly
flown in and treated thousands of in-
jured in only a few days. The equipment
from these hospitals Is being turned over
to Nicaragua to replace that destroyed
along with Managua's hospitals. At the
same time U.S. doctors have been suc-
cessfully working with their Nicaraguan
colleagues to prevent the outbreak of
epidemic diseases.
To aid in repairs to the severely dam-
aged water and sewer systems as well as
to clear the tons of rubble hindering
relief efforts, the United States airlifted
from Panama the Army's l8th Engineer-
ing Company which has performed out-
standingly under trying circumstances.
To date more than 4 million pounds of
goods and equipment, including 14 trucks,
five generators, 1,300 tents, 15,000 blan-
kets, 25 tons of rice, 48 cooking units,
and numerous other items have been
airlifted in.
Added to the impressive total of Gov-
ernment contributions is the more than
$2 million in assistance which has al-
ready been made available from numer-
ous private voluntary agencies such as
Care, the UJS. Red Cross, and Catholic
Relief.
IMMEDIATE FUTURE : FOOD AND HOUSING
Relief efforts are now shifting from
the frantic efforts of the first 10 days
to save lives and prevent famine and
disease to the less dramatic but immense
task of feeding and housing the quarter
of a million homeless of Managua until
the future of the city is decided. As a
portion of international efforts to assist
Nicaragua, the United States has already
taken steps to deliver approximately 10
million pounds of disaster relief food. An
additional 10.000 metric tons of drought
relief aid is already en route to offset the
failure of a large portion of this year's
crops because of an abnormal shortage
of rainfall. The total of these food sup-
plies should provide nourishment for
300.000 persons for 3 months. AID funds
have also purchased a further 6.68 mil-
lion pounds of food which should reach
Nicaragua soon.
A second area of critical concern is
housing. With 60 percent of the city de-
stroyed, tens of thousands of people have
January 11, 1973
CONGRESSIONAL RECORD — HOUSE
835
no roofs over their heads and little pros-
pect of a permanent new home for some
time. The United States has supplied
gome tents but these will not be adequate
for the length of time that may be in-
volved. While further studies are being
made on how best to provide housing, the
United States within the last few days
has made available $3 million for hous-
ing.
RECONSTRUCTION
Clearly, the task ahead for Nicaragua
Is an immense one which will require
help from many nations. Already an in-
ternational coordinating group has been
formed. The Central American nations,
themselves, have met and pledged their
mutual assistance. The United States has
expressed its willingness to participate
in reconstruction efforts. But in the last
analysis the future of Managua rests
with the people of Nlcsu^gua. If their
spirit and determination during the past
few weeks are smy Indication, then we
can expect to see a new and better Man-
agua emerge, phoenlx-like, from the
ashes of the old city, within just a few
For our part, here in the Congress. I
think we, and all Americans, can take
pride in the record of achievement com-
piled by AID, the Defense Department,
and other agencies in carrying out the
relief responsibilities we have mandated
to them by law. As for the future, I be-
lieve I speak for all of us when I say to
the people of Nicaragua that they can
count on our continuing help and assist-
ance.
MAURICE H. THATCHER
(Mr. FASCELL asked and was given
permission to extend his remarks at this
point in the Record and to Include ex-
traneous matter.)
Mr. FASCELL. Mr. Speaker, last Satur-
day a most distinguished former Mem-
ber of Congress, the Honorable Maurice
H. Thatcher passed away at the age of
102.
Governor Thatcher served as a Repre-
sentative from Kentucky in the U.S.
House of Representatives from 1923 to
1933 after having served as Governor of
the Canal Zone from 1910 to 1913 dur-
ing the construction of the Panama
Canal. Few men in our history could
claim to have led such a long and varied
career of public service. The Governor
first took public ofiBce at the age of 22
and for 80 years served local, State, and
Federal governments with notable dis-
tinction both as a public official and as
a private citizen.
When most men his age would have
long since retired to a well-deserved rest.
Governor Thatcher remained an alert
and active champion for the causes he
believed in. It wsis In his capacity as
counsel for the Gorgas Memorial In-
stitute, one of the world's foremost in-
stitutions for research into tropical dis-
eases, that I came to know, like and re-
spect this singularly remarkable gentle-
man. All of us who knew him will miss
Ws age advice, but above all we will miss
him.
The following article by Mr. Martin
Weil of the Washington Post accurately
hails Congressman Thatcher as the
"Grand Old Man of Panama Canal":
(Prom the Washington Post, Jan. 7, 19731
E^-Representattve Maurice Thatcher,
102, Dns
(By Martin WeU)
Maurice H. Thatcher, who helped super-
vise construction of the Panama Canal, served
five terms as a congressman from E^n-
tucky and practiced law here until he was
100 years old, died here yesterday at 102.
Mr. Thatcher died In his home at 1801 16th
St. NW, where he had been bedridden al-
most constantly since suffering a fractured
thigh on July 15.
From 1910 to 1913, during the period of
peak activity, Mr. Thatcher served as one
of the seven members of the Isthmian Canal
Commission appointed to superintend and
carry out the construction of the Panama
Canal.
In his four years on the commission, Mr.
Thatcher headed the department of civil
administration of the Canal Zone, and was
known as the Zone's civil governor.
In recent years, he was reported to be the
last surviving member of the canal commis-
sion, the chairman of which had been Lt. Coi
George W. Ooethals. the celebrated Army
engineer who brought the project to com-
pletion in 1914.
When Mr. Thatcher returned to Panama
in 1964 at the age of 95 to help mark the
canal's 50th anniversary, he was hailed by
a local newspaper as the "Grand Old Man of
the Panama Canal."
WhUe serving as a Republican congress-
man from Kentucky from 1923 to 1933, Mr.
Thatcher continued to take an Interest In the
development of the cantil and in the welfare
of those who built and operated it.
As a member of the Appropriations Com-
mittee, he helped make available funds for
Improvements In the Canal Zone, and for
annuities for construction workers and other
canal employees.
A ferry across the Pacific entrance of the
canal, for which he obtained federal funds,
was named the Thatcher Ferry. The bridge,
dedicated in 1962 on the site of the ferry,
was named the Thatcher Perry Bridge.
In addition, an Important highway m the
canal area was named for him.
Moreover, It was Mr. Thatcher who Is
credited with enactment of the measure
creating In Panama the Gorgas Memorial
Laboratory of the Gorgas Memorial Institute
of Tropical and Preventive Medicine.
It Is named for WUUam Crawford (3orgas,
the Army doctor who helped make possible
the construction of the canal by destroying
the mosquitoes that carried yellow fever and
malaria. Mr. Thatcher and Dr. Gorgas served
together on the canal commission.
After closing his congressional career by
making an unsuccessful race for the Senate
m 1932, Mr. Thatcher went Into tES'-^tis^
practice of law here In 1933. ^
On his 90th birthday, although his activity
had declined, he was stUl in practice, with
an office In the Investment Building at 16th
and K Streets NW.
"I dont eat meat," he told an Interviewer
who was Interested in his secrets of longevity.
"I eat vegetables, eggs and milk. I don't
drink, I don't smoke and I don't drink tea or
coffee.
•Of course," he added. "You can't escape
meat altogether, meat products creep Into a
lot of things."
Said Mr. Thatcher, who could still hear
well, read without glasses, and make himself
heard across a room :
"It's not A religious thing. I Just wanted to
live what I considered a sound, biological
life."
A slender, white-haired man with bushy
eyebrows, he said, "I Jiist noticed that the
smokers and chewers and drinkers had a hard
time quitting when they wanted to.
"I Just quit early. I'm a good sleeper, al-
ways was, and I stlU get about eight hours'
sleep a night."
Mr. Thatcher was bom in Chicago, and
grew up in Butler County, in the western
part of Kentucky. An ofOci&I congressional
biography said that he "attended public
and private schools; engaged in agricultural
pursuits; (and) was employed In a news-
paper office and In various county offices."
His formal career in public life began at
the age of 23 when he was elected clerk of
the Butler County Circuit Court. He later
studied law, was admitted to the bar in
1898, and became an aaslstant state attorney
general.
After moving to Louisville in 1900, he be-
come an assistant VS. attorney, and later
was named to what has been described as
the state's chief appointive office: state in-
spector and examiner.
In that job. he was credited with saving
thousands of dollars for the taxpayers and
with bringing about numerous needed re-
forms. He left it In 1910 to Join the Isth-
mian Canal Commission. After leaving Pana-
ama, he held municipal posts in Louisville
before being elected to Congress.
In addition to championing measures de-
signed to Improve the canal, during his
House service Mr. Thatcher was responsible
for much other legislation, including that
establishing Mammoth Cave National Park
in Kentucky.
In later years, when he interested him-
self Increasingly In the writing of poetry,
he memorialized the park In verse:
Caverns Immense, wrought thru the endless
ages;
What lessons for the human soul and
mind!
The great Lord Ood, in those arresting pages.
Hath writ a matchless story for man-
kind . . .
WhUe In Congress, Mr. Thatcher was also
credited with writing legislation for federal
appropriations for BraUle books and equip-
ment for the nation's blind students
In later years, besides serving as vice presi-
dent and general counsel of the Gorgas In-
stltut«, Mr. Thatcher maintained contact
with his old colleagues by attending meet-
ings here of the P>anama Canal Society.
But, as he announced In 1958 at the
group's 23d annual meeting, "the ranks are
thinning . . ."
Looking back on the occasion of his 99th
birthday, he told an Intervlever : "I don't
lay any claims to a great career. But I've
done some useful things. I tried to be use-
ful wherever I was, whatever I did. I've lived
a busy and useful life."
His wife, the former Anne Bell Chlnn,
died In 1960.
FURTHER COMMENTS ON THE
HOUSE ARMED SERVICES COM-
MITTEE DETAILED ANALYSIS OF
THE RECOMPUTA-nON OF MILI-
TARY RETIRED PAY
(Mr. STRATTON asked and was given
permission to extend his remarks at this
point in the Record and to include extra-
neous matter.)
Mr. STRATTON. Mr. Speaker, as the
chEiirman of the Special House Armed
Services Subcommittee in the 92d Con-
gress which made a detailed — and, I
might add, a rather critical — analysis of
the various proposals for the recomputa-
tion of military retired pay. I am glad to
see that our subcommittee's recommen-
dations are continuing to receive a very
favorable response in the Nation's press.
In the belief that Members of Con-
gress will be interested in these com-
ments, especially since recomputation is
^36
CONGRESSIONAL RECORD — HOUSE
January 11, 197s
]i rather complex issue to understand, I
I Lin inserting the latest ones in the
] lEcoRD for all to read.
Under leave to extend my remarks I
include a front-page article from the
" Vashington Post of Sunday, January 7,
973, written by Lawrence Stern; in ad-
( ition I include an editorial from the
. Ubany, N.Y.. Knickerbocker News and
1 Jnion Star dated January 5, 1973:
[Prom the Washlngfton Poet, Jan. 7, 1973]
Mn-n-ARY Pension P^ght Set
(By Lawrence Stern)
The old soldiers are not fading away. They
i re girding for a renewed campaign to In-
( rease their military retirement benefits by
I £ much as $138 billion — the approximate
I ost of the Vietnam war — over the next three
( lecades.
The objective Is Capitol Hill where In the
I losing days of December they suffered a
1 aajor reverse at the hands of a House Armed
Services subcommittee headed by New York
Democrat Samuel S. Stratton.
The House panel, In remarkably unvar-
iilshed language, said the American mlll-
1 ary now enjoys one of the plushest retlre-
I nent programs In or out of government. It
I Jso dlscloeed that with no changes at all.
1 he cost of military retirements will balloon
1 o $21 billion a year over the next three dec-
(des from a present level of 84.3 bUllon.
By the year 2000 — because of the growth
f f the retiree population — the cumulative
1 ill to American taxpayers would be $339 bU-
Uon without any upward adjustment In re-
tirement pay for servicemen, according to a
( omprehenslve subcommittee study based on
Defense Department figures.
Under the present system the base retlre-
1 nent pay for a man with 20 years' tenure
I s 50 per cent of his last, and usually hlgh-
est, active duty pay. A 30-year veteran re-
( elves about 75 per cent. This does not In-
( lude disability allowances.
Also, the average retirement age for officers
1 5 46 and for enlisted men. 41 — young enough
io launch many of them into second careers,
"he average military retiree lives 1V4 times
i s long In retirement as he does on active
Uu:y. according to Pentagon estimates.
This Is what prompted the Stratton sub-
( ommittee to describe the U.S. military re-
tirement program as "the most liberaF gen-
< ral system in existence."
But the old soldier lobbies, which maln-
1 ain several national headquarters In Wash-
I ngton and claim to speak for a current na-
1 lonal population of 900.000 military retirees,
! xe coming back to fight another engage-
I aent.
"There Is no question that the vast major-
i ty of Congress will vote to support us If
I hey get the opportunity." asserts Col. James
' V. Chapman, a retired Air Force officer who
1 5 senior lobbyist for the Retired Officers As-
! oclatlon, the Retired Enlisted Association
! nd National Association of Armed Forces
1 tetlrees.
Some congressional authorities on the re-
\ irement Issue concur In this diagnosis. De-
■ plte the adverse findings of the Stratton
leport, they say, many members would be
leluctant to tangle with their retiree con-
i tituencles out in the open. Last August
' irhen It came to a vote In the Senate the line-
up was 82-4 for a $17 blUlon long-remge pay
I acrease for retired servicemen.
Sen. Vance Hartke (D-Ind), spKjnsor of
ihat measure, has announced his Intention
(if reintroducing It this year and it could be-
( ome the rallying point for the renewed drive
1 his year.
The Retired Officers Association claims a
) membership of 157,000, the largest of the
; etlree organizations. Another group, the Re-
i crve Officers Association, claims 60.000 ac-
1 ive members throughout the country.
There is also the Fleet Reserve Associa-
tion, for old sailors; the Air Force Sergeants
Association, with 15,000 to 18,000 members;
the National Association of Uniformed Serv-
icemen: Military Wives Association, Inc.;
United Military Wives, and a congery of yet
other organizations whose members are vo-
cal and enthusiastic advocates of higher pen-
sion 'benefits.
The catchword of the prospective battle
of the military retirement budget Is the word
"recomputation." It means increasing the
pay of retired servicemen whenever Congress
gives a salary increase to the active duty
forces.
The principle of recomputation had been
embedded In the military retirement sys-
tem since Civil War times primarily to get
older officers off the active duty rolls. Mil-
itary salaries were niggardly and recompu-
tation was accepted as a means of keep-
ing retirees abreast of living costs.
But Congress In the military pay acts of
1958 and 1963 Increased retirement pay,
abandoned recomputation and permanent-
ly tied the retirement system to the con-
sumer "price Index.
The old soldiers fared well under the new
system. Since 1958 retirement pay rose 68
per cent while the consumer price index rose
42 per cent. Under the cost of living formu-
la Congress passed In 1963 retirees get a 4
per cent Increase when the price Index rises
3 per cent.
In the last session of Congress there were
95 bUls Introduced for recomputation
schemes (the White House sponsored one of
them) with long-term costs ranging from
$17 billion to $138 bUllon. This is but one
indication of the clout behind the military
retiree pay Issue on Capitol Hill.
Some tout dozen senators and cong:ress-
men endorsed various recomputation plans
either In person or on paper during public
hearings of the Stratton subcommittee last
October. That is another example of the
persuasiveness of the retiree lobby.
Last September President Nixon tape-
recorded a pledge to the national convention
of the Retired Officers Association In Ana-
helm, Calif. "In 1968 we pledged to work for
recomputation legislation." the President
said, "We have submitted and actively
sought passage of recomputation legislation
in Congress. We will continue our effort on
your behalf In support of that objective."
The 82-to-4 Senate vote for Hartke's "com-
proml.se" recomputation bill Is cited by Its
advocates as an example of what Congress
would do for former servicemen were the
Issue brought to an open vote In both houses.
One of the four opponents *as Senate Armed
Services Committee chairman John Stennis
(D-Mlss.). On the House side. Armed Serv-
ices Chairman P. Edward Hubert (D-La.) also
opposes recomputation.
Although Hartke's plan would have raised
benefits by $343 million in its first year and
$19 billion over the long run. the service
organizations are plumping for far more. The
Pentagon calculated the price at $18 bil-
lion for their demand that all pre-1958 re-
tirees (the year recomputation was dropped)
have their retirement pay reflgured on the
basis of current active duty pay scales.
In the course of the Stratton hearings, ad-
vocates of the new recomputation suggested
abandoning federal welfare programs, foreign
aid, and revenue sharing to pay for It.
Recomputation and military retirement
policy generally will be among the tenderest
political concerns for the cost-conscious
Nixon administration as well as Congress.
Despite Mr. Nixon's personal pledge to the
Retired Officers Association, the Pentagon
has little enthusiasm for any form of recom-
putation at a time when personnel costs al-
ready swallow up 60 per cent of Its budget.
And word Is out on Capitol Hill that the
Defense Department Is drafting legislation
under which servicemen would, for the first
time, contribute to their retirement pro-
grams— a feature of many civilian retirement
systems. The draft proposals also call for re-
duced benefits during the early retirement
years when an ex-serviceman is still able to
pursue a second career.
The effect of these proposals, if they are
formally submitted to Congress imder the
Imprtmatvir of the administration, might well
add to the heat and smoke of the recompu-
tation debate this year.
[Prom the Albany (N.Y.) Union-Star and
Knickerbocker News, Jan. 5, 1973)
Sating "No" — Hallelujah!
Exhibiting substantial courage, a House of
Representatives armed services sub-com-
mittee, beaded by Representative Samuel S.
Stratton, has put at least temporary halt to
an effort by the highly organized retired mili-
tary personnel to raid the treasury on a
multlbllllon dollar scale. The subcommittee
did so by reconunendlng that the full com-
mittee give no further consideration to pro-
posed recomputation of military retirement
pay.
The retirees — a million strong — had sought
to have their retirement based on current
active duty pay rates, which have been raised
spectacularly in the Nixon administration's
endeavor to bring about an all-volunteer
military establishment.
But the subcommittee noted that military
pensions have Increased 58 per cent since
1958, when the present rating system was
established. It noted also that military pen-
sions are geared to the Consumer Price Index,
but that pensions rise 4 per cent whenever
the price Index rises only 3 per cent. And the
committee observed particularly that the pro-
posed legislation was written to benefit most
of all high-ranking retirees, already gener-
ously provided for.
In addition to all of this, the subcommittee
called attention to abuses of the retirement
system particularly among senior officers, who
are retired on disability (and thus escape In-
come taxes) although there often Is serious
question whether the disability is real. Thus,
in the Air Force, officers are being retired on
disability only a few months after they had
passed medical examinations qualifying them
for the boniis of flight pay.
No one wants military retirees to be in
want. But there is no evidence of any sub-
stantial want. Rather, there is evidence that
the proposed legislation was based on sheer
greed.
Congratulations to Representative Strat-
ton's subcommittee for putting an end to It.
WAR POWERS RESOLUTION OP 1973
(Mr. FASCELL asked and was given
permission to extend his remarks at this
point in the Record and to include ex-
traneous matter.)
Mr. FASCELL. Mr. Speaker, the ur-
gency for legislation to reaflBrm the con-
gressional role in the warmaking process
has never been greater than it is today.
The 93d Congress faces a fundamental
challenge: Whether it will meaningfully
reassert its initiative in the policymaking
process, reestablish its role as a viable
force for leadership and change, and
assume its constitutional responsibility
and authority. Nowhere is it more Im-
portant that this challenge be met effec-
tively than in the powers of war.
I am pleased, therefore, to have joined
with our colleague Congressman Clem
Zablocki in sponsoring the War Powers
Resolution of 1973. Congressman Za-
blocki, as chairman of the Foreign Af-
fair; Subcommittee on National Security
Policy and Scientific Developments, has
led the efforts in the House to enact a
January 11, 1973
CONGRESSIONAL RECORD — HOUSE
837
poeitive statement reaffirming and re-
verting the constitutional authority
and responsibility of the Congress in
committing U£. forces to armed conflict.
In the 91st and the 92d Congresses, the
House passed a war powers resolution
under his leadership. I am confident that,
spurred by recent events in Southeast
Asia, support will continue to grow for
this ' legislation, and that final action
will be taken during the 93d Congress.
In May of 1970, the world was shocked
by the President's announcement that
he had ordered U.S. troops into Cam-
bodia, a move which greatly expanded
U.S. involvement in Southeast Asia and
committed U.S. forces in another coun-
try without prior congressional approval,
authorization, or even consultation. The
President's action clearly indicated the
need for a comprehensive review of the
war powers of Congress and the Presi-
dent, and for a basic reappraisal of the
manner in which oiu: country involves
Itself in war. This realization led me
to draft and introduce H.R. 17598, a biU
to define the authority of the President
to intervene abroad or make war without
the express consent of Congress. The bill
was meant to serve as a catalyst for dis-
cussiMi of the vital constitutional issue.
Extensive hearings were held by the Za-
blocki subcommittee and debate on this
issue has continued.
The objective of our efforts has never
been to reflect criticism on activities of
the President or to take punitive action.
Rather the focus of our efforts has been
on determining the appropriate scope
and substance of congressional and
Presidential authority in the exercise of
the power of war in order that the Con-
gress might fulfill its responsibilities
under the Constitution while permitting
the President to exercise his.
Article I, section 8 of the Constitution
clearly gives to the Congress power to
declare war, to raise and support armies,
to provide and maintain a navy, and to
make rules for the Government and
regulation of the land and naval forces.
The President, in article n, section 2, is
designated "Commander in Chief of the
Army and Navy of the United States,
and of the militia of the several States,
when called into the actual service of
the United States." Clearly, the framers
of our Constitution wanted the respon-
sibility of committing U.S. troops to
armed confiict and U.S. involvement in
such confiicts to be shared by the legis-
lative and executive branches of Govern-
ment, and attempted to strike a work-
able balance between the two. Our ex-
perience with the Vietnam war, however,
shows that the balance of constitutional
authority over warmaking has swung
heavily to the President.
Our efforts in considering the war
powers resolution, then, are aimed at re-
storing a proper balance by defining ar-
rangements which would allow the Presi-
dent and Congress to work together to-
ward the goal of maintaining the peace
and security of the Nation.
The war powers resolution recognizes
that the President, in certain circum-
stances, must exercise his authority as
Commander in Chief to defend the coun-
try without specific prior authorization
by the Congress. In such cases, however.
the President should report immediately
to the House and Senate the circum-
stances necessitating his action. Specific
provision is made for such reporting.
The war powers resolution is vital leg-
islation. We must insure that the United
States will never again go to war bit by
bit as we have in Vietnam.
For the immediate situation in South-
east Asia, however, the Congress should
not hesitate to exercise its responsibili-
ties. The time for an end to U.S. involve-
ment in Vietnam has long since passed,
and the Congress must take affirmative
action. I supported the resolution
adopted by the Democratic caucus on
January 2, declaring it to be Democratic
policy that no further public funds be
authorized, appropriated or expended
for U.S. mihtary combat operations in
or over Indochina, and that such opera-
tions be terminated Immediately, sub-
ject to the release of the prisoners of war
and an accounting of those missing in
action. The Congress must enact legisla-
tion carrying out this policy statement.
Mr. Speaker, the country has learned
a bitter lesson from our involvement in
Vietnam. The Congress cannot allow a
similar situation to occur, and I urge
that early, favorable action be taken on
House Joint Resolution 2, the War
Powers Resolution of 1973.
CONGRESSMAN STRATTON REIN-
TRODUCES A CONSTl'l'U 'I'lON AL
AMENDMENT TO END THE ELEC-
TORAL COLLEGE WITHOUT END-
ING THE ELECTORAL VOTE ; CALLS
FOR REALISM IN THE ELECTORAL
COLLEGE ISSUE
(Mr. STRATTON asked and was given
permission to extend his remarks at this
point in the Record and to include ex-
traneous matter.)
Mr. STRATTON. Mr. Speaker, last
Tuesday I reintroduced here in the
House my constitutional amendment —
House Joint Resolution 154 — designed to
eliminate the electoral college as indi-
viduals without changing the existing
electoral vote system of electing the
President. n.
I first Introduced this amendment 4
years ago following the 1968 presidential
election, where the narrow margin of vic-
tory had threatened for a time to throw
the final selection of a President, under
our Constitution as it now stands, into
the House of Representatives under a
voting-by-state rather than voting-by-
population arrangement.
There has been a certain amount of
talk in the past few days of reviving an
earlier effort to end the electoral college
and elect our Presidents by direct popu-
lar vote.
I certainly would have no objection to
direct popular election of the President.
In fact I voted for that amendment when
it went through the House a couple of
years ago. But I said back in 1969 — and
the event proved me right — that you
would never get the Senate to go for di-
rect popular election.
By contrast, my proposal recognizes
the realities of the situation. Since we
cannot get direct popular election, at
least we ought to eliminate the two very
serious booby traps which now exist In
our present system of electing a Presi-
dent and which could well rise to haunt
us in some future close election.
The first of these is the ability of pres-
idential electors to cast their votes for
anyone they please, regardless of whose
candidacy they have been elected to sup-
port on election day. In 1968 we were
afraid that a few so-called faithless
electors, by switching their votes from
one candidate to another, might have
been able to prevent any candidate from
getting a majority of the electoral vote
and thus would have forced the final
selection into the House.
Even though the 1972 election was not
close in either the electoral vote or the
popular vote, we saw here in this Cham-
ber last Saturday that it is still possible
for an elector to vote for anyone he
pleases. Some Nixon elector In Virginia
voted for &s\ obscure person from Cali-
fornia instead of for the regular des-
ignated Republican candidate.
And once you get the voting trans-
ferred into the House you get into a real
can of worms, because imder the Con-
stitution, Alaska and Delaware would
carry as much weight in selecting a new
President as New York and California.
My amendment would eUminate the
"faitliless" elector problem by elimi-
nating the electors as people. And.
second, it would avoid the horror of hav-
ing the House vote for President by
States by providing for a national run-
off election In case no candidate gets
more thein 40 percent of the total elec-
toral vote.
Under leave to extend my remarks I
include a copy of this amendment :
H.J. Res. 164
Resolved by the Senate and House o/ Rep-
resentatives of the United States of Amer-
ica in Congress assembled (two-thirds of
each House concurring therein ) , That the
following article is proposed as an amend-
ment to the Constitution of the United
States, to be valid only if ratified by the
legislatures of three-fourths of the several
States within seven years after the date of
final passage of this Joint resolution:
"Abticlb —
"Section 1. The executive power shall be
vested In a President of the United States
of America. He shall hold his office during
the term of four years, and together with the
Vice President chosen for the same term, be
elected^ provided in this Constitution.
"The n'esldent and Vice President shall be
elected by the people of each State in such
manner as the legislature thereof may direct,
and by the people of the District constituting
the seat of the Government of the United
States (hereafter In this article referred to
as the 'District') In such manner as the
Congress shall by law prescribe. The Congress
may determine the time of the election of
the President and Vice President, which day
shall be the same throughout the United
States. In such an election, a vote may be
cast only as a joint vote for the election of
two persons (referred to In this article as a
'presidential candidacy') one of whom has
consented that his name appear as candi-
date for President on the ballot with the
name of the other as candidate for Vice
President, and the other of whom has con-
sented that his name appear as candidate
for Vice President on the ballot with the
name of the said candidate for President.
No person may consent to have his name
appear on the ballot with more than one
other person. No person constitutionally in-
eligible to the office of President shall be
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CONGRESSIONAL RECORD — HOUSE
January 11, 1973
legible to that of Vice President. In each
and In the District the official custo-'
d|an of election returns shall make distinct
of all presidential candidacies for which
were cast, and of the number of votes
such State for each candidacy, which lists
shall sign and certify and transmit to
seat- of the Government of the United
directed to the President of the Sen-
The President of the Senate shall. In
presence of the Senate and House of
tatlves. open all the certificates and
electoral votes shall be computed In the
nner provided In section 2.
Src. 2. Each State shall be entitled to a
ntmber of electoral votes for each of the
oices of President and Vice President equal
the whole number of Senators and Rep-
tatlves to which such State may be en-
led in the Congress. The District shall be
entitled to a number of electoral votes for
such office equal to the whole number
Senators and Representatives in Congress
which the District would be entitled if it
(re a State, but in no event more than the
populous State. In the case of each State
the District, the presidential candidacy
'iving the greatest number of votes shall
entitled to the whole number of the
elfectoral votes of such State or District. If a
pi esldentlal candidacy receives a plurality of
least 40 per centum of the electoral votes,
persons comprising such candidacy shall
the President-elect and the Vlce-Presl-
d^nt-elect. If no presidential candidacy re-
a plurality of at least 40 per centum
the electoral votes, a run-off election shall
conducted. In such manner as the Con-
shall by l*w prescribe, between the two
idential candidacies which received the
number of electoral votes. The per-
comprlslng the candidacy which re-
ves the greatest number of electoral votes
such election shall become the President-
elect and the Vice-President-elect.
"Sec. 3. The Congress shall by law pro-
procedures to be followed in consequence
the death or withdrawal of a candidate on
before the date of an election under this
ajhlcle. or In the case of a tie.
•'Sec. 4. The twelfth article of amendment
the Constitution, the twenty-third article
amendment to the Constitution, the first
fdur paragraphs of section 1, article II of the
Constitution, and section 4 of the twentieth
ai tide of amendment to the Constitution are
repealed.
Sec. 5. This article shall not apply to any
election of the President or Vice F*r-jsident
fc r a term of office beginning earlfer than
Ol le year after the date of ratification of this
aitlcle."
lie 1
We will be contacting you In the near
future regarding any position that we may
have available for you.
We appreciate your Interest In our Depart-
ment.
Sincerely,
Robert F. Ajui ao,
Acting Executive Officer.
Mr. Speaker, I was not aware that I
h£id applied for any position down In the
Department of Labor or that my position
was so insecure here in the House.
I can assure the Members that when
the Department of Labor comes before
our Appropriations Committee we will
give all the new folks thoughtful con-
sideration for all their requests, but if
this confrontation between the executive
and legislative branches proves to be the
big issue it appears to be In this Con-
gress. I intend to exercise my preroga-
tives as a Member of this House and
cast my lot with the legislative branch.
TRANSFER OF SPECIAL ORDER
Mr. MINSHALL of Ohio. Mr. Speaker,
imder a previous order I have been
granted permission to address the House
for 1 hour at the conclusion of the day's
business on January 16. I ask unanimous
consent to change the date from Janu-
ary 16 to January 23.
The SPEAKER. Is there objection to
the request of the gentleman from Ohio?
There was no objection.
COMMENTS ON A LETTER FROM
THE DEPARTMENT OF LABOR
I Mr. MICHEL asked and was given
permission to address the House for 1
n inute. )
Mr. MICHEL. Mr. Speaker, normally
w len an incumbent administration gets
it self reelected one would not expect too
nany problems, but obviously with all
tl e games of musical chairs going on
di )wntovi-n there are a few loose ends.
Just before I left the office this mom-
ir g to come to the floor of the House I
rticeived the following communication
f 1 om the Acting Executive Officer of the
EJepartment of Labor. It reads as follows :
VS. Depaktment or Labor.
Washington, January 8, 1973.
A>n. Robext H. Michel,
VS. Congress,
W[ashxngton, DC ^
Dear Congressman Michel: I am writing
td acknowledge receipt of your r6sum6 in-
denting your Interest In a position at the
Department of Labor.
EXTENSION OP ECONOMIC STABILI-
ZATION ACT— MESSAGE FROM
THE PRESIDENT OF THE UNITED
STATES (H. DOC. NO. 92-42)
The SPEAKER laid before the House
the following message from the President
of the United States; which was read
and. together with the accompanying
papers, referred to the Committee on
on Banking and Currency and ordered
to be printed:
To the Congress of the United States:
During 1969, the annual rate of Infla-
tion In the United States was about six
percent. During my first term In office,
that rate has been cut nearly in half and
today the United States has the lowest
rate of inflation of any industrial coim-
try In the free world.
In the last year and a half, this de-
cline in inflation has been accompanied
by a rapid economic expansion. Civilian
employment rose mort rapidly during the
past year than ever before In our his-
tory and imemployment substantially de-
clined. We now have one of the highest
economic growth rates in the developed
world.
In short, 1972 was a very good year for
the American economy. I expect 1973
and 1974 to be even better. They can,
In fact, be the best years our economy
has ever experienced — provided we have
the will and wisdom. In both the public
and private sectors, to follow appropri-
ate economic policies.
For the past several weeks, members
of my Administration have been review-
ing our economic policies in an effort to
keep them up to date. I deeply appreci-
ate the generous advice and excellent
suggestions we have received in our con-
sultations with the Congress. We are
also grateful for the enormous assist-
ance we have received from himdreds of
leaders representing business, labor-
farm and consumer groups, and the gen-
eral public. These discussions have beoi
extremely helpful to us in reaching sev-
eral central conclusions about our eco-
nomic future.
One major point which emerges as we
look both at the record of the past and
the prospects for the future is the cen-
tral role of our Federal monetary and
fiscal policies. We cannot keep Inflation
In check imless we keep Gtovemment
spending in check. This Is why I have in-
sisted that our spending for fiscal year
1973 not exceed $250 billion and that our
proposed budget for fiscal year 1974
not exceed the revenues which the ex-
isting tax system would produce at full
employment. I hope and expect that the
Congress will receive this budget with a
similar sense of fiscal discipline. The sta-
bility of our prices depends on the re-
straint of the Congress.
As we move into a new year, and into
a new term for this administration, we
are also moving to a new phEise of our
economic stabilization program. I believe
the system of controls which has been in
effect since 1971 has helped considerably
in improving the health of our economy,
I am today submitting to the Congress
legislation which would extend for an-
other year — until April 30 of 1974 — the
basic legislation on which that system is
based, the Economic Stabilization Act.
But even while we recognize the need
for continued Government restraints on
prices and wages, we also look to the day
when we can enjoy the advantages of
price stability without the disadvantages
of such restraints. I believe we can pre-
pare for that day, and hasten its coming,
by modifying the present system so that
it relies to a greater extent on the volim-
tary cooperation of the private sector in
making reasonable price and wage
decisions.
Under Phase III, prior approval by the
Federal Government will not be required
for changes in wages and prices, except
in special problem areas. The Federal
Government, with the advice of manage-
ment and labor, will develop standards to
guide private conduct which will be self-
administering. This means that busi-
nesses and workers will be able to deter-
mine for themselves the conduct that
conforms to the standards. Initially and
generally we shall rely upon the volun-
tary cooperation of the private sector for
reasonable observance of the standards.
However, the Federal Government will
retain the power — and the responsibil-
ity— to step in and stop action that
would be inconsistent with our antl-in-
fiation goals. I have established as the
overall goal of this program a further
reduction in the Inflation rate to 21/2
percent or less by the end of 1973.
Under this program, much of the Fed-
eral machinery which worked so well
during Phase I and Phase n can be
eliminated, including the Price Commis-
sion, the Pay Board, the Committee on
the Health Services Industry, the Com-
mittee on State and Local Government
Cooperation, and the Rent Advisory
January 11, 1973
CONGRESSIONAL RECORD — HOUSE
839
Board. Those who served so ably as
members of these panels and their
staffs — especially Judge George H. Boldt,
Chairman of the Pay Board, and C. Jack-
son Grayson, Jr., Chairman of the Price
Commission — have my deep appreciation
and that of their coimtrymen for their
devoted and effective contributions.
This new program will be adminis-
tered by the Cost of Living Coimcil. The
Council's new Director will be John T.
Dunlop. Dr. Dunlop succeeds Donald
Rumsfeld who leaves this post with the
Nation's deepest gratitude for a job well
done.
Und^r our new program, special efforts
will be made to combat inflation in areas
where rising prices have been particu-
larly troublesome, especially in fighting
rising food prices. Our anti-Inflation
program will not be fully successful imtil
its impact is felt at the local supermarket
or comer grocery store.
I am therefore directing that our cur-
rent mandatory wage suid price control
system be continued with special vigor
for firms involved in food processing and
food retailing. I am also establishing a
new committee to review Government
policies which affect food prices and a
non-Government advisory group to ex-
amine other ways of achieving price sta-
bility in food markets. I will ask this
advisory group to give special attention
to new ways of cutting costs and improv-
ing productivity at all points along the
food production, processing and distribu-
tion chain. In addition, the Department
of Agriculture and the Cost of Living
Council yesterday and today announced a
number of important steps to hold down
food prices in the best possible way — by
increasing food supply. I believe all these
efforts will enable us to check effectively
the rising cost of food without damaging
the growing prosperity of American
farmers. Other special actions which will
be taken to fight inflation include con-
tinuing the present mandatory controls
over the health and construction indus-
tries and continuing the present success-
ful program for interest and dividends.
The new policies I am announcing
today can metin even greater price sta-
bility with less restrictive bureaucracy.
Their success, however, will now depend
on a firm spirit of self-restraint both
within the Federal Government and
among the general public. If the Con-
gress will receive our new budget with a
high sense of fiscal responsibility and if
the public will continue to demonstrate
the same spirit of voluntary cooperation
which was so important during Phase I
and Phase U, then we can bring the
inflation rate below 2'/2 percent and
usher in an unprecedented era of full
and stable prosperity.
Richard Nixon.
The White House, January 11, 1973.
a new type of program which is self -ad-
ministering and based on voluntary com-
pliance. His timing is excellent, given
the progress we have made thus far In
achieving economic stability and proper
economic growth.
I think the new program has a good
chance of success, considering the will-
ingness of both labor and management
to participate fully in the implementa-
tion and operation of phase m. The sup-
port expressed by both labor and man-
agement indicates that both groups be-
lieve the plan to be equitable.
In my opinion, phase m substantially
accommodates the views advanced by
labor leaders during the consultation
process. I understand they have ex-
pressed their willingness to comply vol-
untarily with an appropriate type of
program.
I would emphasize that the new price
and wage control system is directed at
plugging up holes in the existing pro-
gram, since it will include stepped-up
efforts to control food prices and medical
costs.
The special emphasis that phase III
places on moderating food price behavior
should be good news to the housewife.
In addition to the maintenance of man-
datory controls on food processors and
retailers, a new Cost of Living Covmcil
Committee on Food has been created.
The Conmiittee on Food will work close-
ly with the Department of Agriculture
to insure that specific decisions eis well
as reforms in the farm programs fully
accommodate the need to elicit increased
supplies to meet consumer demand. This
special emphasis on consumer food
prices is vital in view of the recent up-
surge in food prices at the wholesale
level.
Finally, I endorse the President's goal
of getting the rate of inflation down to
2.5 percent or less by the end of 1973.
This is an ambitious goal but not an un-
reasonable one. I think we can make it.
THE PRESIDENT'S MESSAGE ON
PHASE ni
(Mr. GERALD R. FORD asked and
was given permission to extend his re-
marks at this point in the Record.)
Mr. GERALD R. FORD. Mr. Speaker,
I am pleased that the President acted to
move the coimtry beyond phase n of
the price and wage control program to
SAFETY AND HEALTH IN METAL AND
NONMETALLIC MINES
(Mr. DOMI>nCK V. DANIELS asked
and was given permission to extend his
remarks at this point in the Record and
to Include extraneous matter.)
Mr. DOMINICK V. DANIELS. Mr.
Speaker, I am today introducing legisla-
tion to repeal the Federal Metal and
Nonmetallic Mine Safety Act because,
paradoxical as it may sound, that is the
best way to promote health and safety
In these mines. The effect of the repeal is
not to leave metal and nonmetallic min-
ers without the protection of Federtd
safety law; rather it is to make them
subject to the Occupational Safety and
Health Act of 1970, a much stronger and
more effective statute than the Metal
and Nonmetallic Mine Safety Act.
The Metal and Nonmetallic Mine
Safety Act was a forward-looking, pro-
gressive piece of legislation when it was
enacted, and I am proud to have been
a member of the subcommittee that de-
veloped it. But we have now had 6 years
of experience under that act, and we
have also — through the enactment of the
Federal Coal Mine Health and Safety
Act of 1969 and the Occupational Safety
and Health Act of 1970 — acquired a great
deal more experience in wTitlng safety
and health legislation.
The Select Labor Subcommittee's
hearings last year demonstrated at least
two major weaknesses in the Metal and
Nonmetallic Mine Safety Act — and my
bill is designed to correct both of them.
The first weakness Is in the administer-
ing agency.
We placed enforcement of safety and
health responsibility in the Bureau of
Mines because we thought that its tech-
nical expertise in mining operations
made It the logical agency to protect the
worker's safety and health. But we were
wrong. The Bureau of Mines' basic char-
ter is to promote production and that, we
have found, is inconsistent with rigorous
enforcement of safety laws. Safety and
maximizing production are not always
consistent goals — and the Bureau of
Mines has shown that workers will not be
adequately protected while their lives are
in the hands of an agency that is "pro-
duction first" oriented.
The failure of the Bureau's enforce-
ment program is evident from the fig-
ures. The intury frequency rates have
not declined in the industries subject to
this act. while experience under the
Longshore Safety Act, administered by
the Etepartment of Labor, demonstrates
conclusively that a well enforced safety
law will bring injury rates down.
The most appalling evidence of the in-
effectiveness of the Bureau of Mines pro-
gram in the metal mining area Is the
disaster at the Sunshine Silver Mine in
Kellogg. Idaho, in May 1972. The interim
report of the independent hearing exam-
iner on that disaster is a tragic indict-
ment. Let me just quote a few sentences
from his report :
It is evident that a large number of
deaths and the magnitude of the disaster are
a direct result of inadequate safety stand-
ards, industry-wide poor safety practices, the
lack of training of the miners in the event of
a disaster, and the fact that no one expected
a disaster of this magnitude to occur. PMr-
ther, not only are some standards inade-
quate, but they have been diluted and ren-
dered Ineffective by interpretation.
We will not have a vigorous enforce-
ment program in this industry until we
transfer responsibility to the Depart-
ment of Labor. That is what my bill does,
and it insures that the Department of
Labor will have sufficient experience in
the mining field by transferring to that
Department the personnel in the Interior
Department who have been engaged In
the administration of the law.
We have, as I said before, learned
much about the relative efficacy of dif-
ferent enforcement procedures in occu-
pational safety and health laws. The Oc-
cupational Safety and Health Act of 1970
is the distillation of that experience. It
improves in many ways the procedures of
the Metal and Norunetallic Mine Safety
Act, and I am attaching to my state-
ment a memorandum outlining the
weaknesses of that act which are im-
proved in the Occupational Safety and
Health Act.
Mr. Speaker, death and injuries in the
mines are not inevitable. Effective safety
£ind health laws effectively administered
uo
CONGRESSIONAL RECORD — HOUSE
c an make a difference. It is time that the
iietal and nonmetallic miners of this
< ountry received the protection that they
qeserve — and that my bUl will provide.
I include the following:
l^'iAKNXsaBS or Public Law 89-577 — Federal
Metal and Nonmetallic Mink Safety
Act
standards
There are no mandatory Interim standards.
There is no time limit within which per-
TJinnnnt. mandatory standards must be set.
The Secretary of Interior Is bound by for-
I lal rule-making procedures which can often
^e lengthy.
Under a state plan, standards do not have
t^ be at least as effective as the federal ones.
There Is no provision for a variation In
Standards and for the employees to be In-
Iprmed of one.
There are no emergency temporary stand-
4rds.
There Is no general duty to cover unique
dlrcumstances where no standards have been
I romulgated.
There Is no distinction In the standards
between gassy and nongassy mines.
ENFORCEMENT
Inspections
The Inspector Is required to visit each
ijilne only once per year.
There Is no prohibition against advance
4otlce of an Inspection.
There is no provision for the employee rep-
i^sentatlve to accompany the inspector.
There Is no provision for the employees to
^et the results of an Inspection.
There Is no requirement for an Inspector
1 0 reinspect to determine If an employer has
(|orrected a violation of a standard.
Penalties
There are no mandatory penalties.
There are only permissive civil penalties:
(1) If the Secreteiry of Interior chooses to
Irlng a civil action for falliire to correct a
^ lolatlon of a standard:
(2) If Xhe Secretary of Interior chooses to
1 ring a civil action In the District Court for
1 allure to abide by a reporting requirement;
(3) If the Secretary of Interior chooses to
1 irlng a civil action for an employer's refusal
10 permit an Inspection or for Interference
1 ?lth an Inspector.
There are permissive criminal penalties If:
( 1 ) the Secretary of Interior wishes to
1 irlng an action for refusal to comply with a.
1 irithdrawal order In cases of Imminent dan-
( er causing death or serious physical harm;
(2) or refusal to comply with an order of
debarment.
THE FIRST 60 MINUTES
(Mr. DOMINICK V. DANIELS asked
ind was given permission to extend his
1 emarks at this point in the Record and
io include extraneous matter.)
Mr. DOMINICK V. DANIELS. Mr.
Speaker, 60 years ago, before antibiotics
I ven began to affect mortality rates due
' o infectious disease, heart attacks re-
1 )laced tuberculosis as the Nation's lead-
ing killer. According to major cardiol-
( gists and public health officials, heart
disease has grown in epidemic propor-
1lons with over 39 percent of all deaths
(iccurring in the Nation directly related
' o cardiovascular disease.
I am today reintroducing legislation
hat could cut these tragic figures by as
1 nuch as 60 percent, by making the most
use of the victim's "first 60 minutes"—
hat time during which most deaths
(fccur. This bill provides for the amend-
ment of title Xn of the Public Health
Service Act to grant Federal assistance to
ocal communities to institute programs
in the area of emergency cardiovascular
service. It is designed especially to ex-
pedite the application of care directly
to the patient in an attempt to save a
large portion of those lives lost during
the 'first 60 minutes." By dispatching
to the patient a cardiologist, nurse, tech-
nician and, driver-attendant in an am-
bulance speciELlly equipped with a port-
able electrocardiograph and defibrilla-
tor, the patient's condition may be as-
sessed and treated in a fraction of the
time it now takes. The damage to the
heart can be determined immediately
by the electrocardiograph and, if neces-
sary, the heart reactivated with the de-
fibrillator. Instead of transporting the
patient to a medical facUity for proper
emergency treatment, these medical fa-
cilities in the form of the "heart-saver
squad" are now taken to the patient.
In 1971 in my own district, 83 per-
cent of all deaths were due to heart at-
tacks and blood vessel disease. Death due
to cardiovascular disease struck every 13
minutes and the American Heart Asso-
ciation has estimated that 40,200 will
die of heart disease in New Jersey during
1973.
As long ago as June 1971, a national
commission of heart disease specialists
confirmed that the first step to be taken
to lower the high death toll, should be
the creation of mobile and stationary life
support units where trained persormel
could monitor and treat with drugs or
electrical equipment, the potentially fatal
heart rhythm abnormalities. Several
communities and organizations in the
country today have created "heart-saver
squads" in the hopes of dramatically cut-
ting these needless fatalities. Seattle,
Wash., Charlottesville, Va., and Colum-
bus, Ohio, now have in operation mobile
coronary units and professionals trained
in the use of defibrillators, drugs, and
other treatments in the home.
Recently, former I*resident Lyndon
Johnson, suffered a heart attack and his
life may have actually been saved by the
mobile coronary care unit of the Univer-
sity of Virginia. It was indeed fortunate
that he was within reach of one of the
handful of "heart-saver squads" in the
entire Nation. There should be no diffi-
ci^ty in seeing that the benefits of this
liSsaving uiUt should be available to
every single one of our Nation's cardio-
vascular victims.
This dreaded killer is unique in its
swiftness and random nature. Most of
those who die from coronary problems do
so very quickly, therefore the irreplace-
able benefits of capable and thorough
emergency care are only too obvious.
In recent years, scientists and physicians
have made significant advancements in
heart transplants and other surgical
techniques, as well as the development of
artificial devices to provide temporary or
permanent circulatory assistance to dam-
aged or failing hearts. There are many
medical promises available to a heart at-
tack victim if only he can survive the
acute early stages of his attack.
The number of people that will die this
year of heart attacks compare with all
■the death losses in all the wars of this
Kation; 30 to 60 percent of these deaths
can be eliminated by the speedj' applica-
tion of proper medical treatment during
"the first 60 minutes."
January 11, 197$
CONGRESSIONAL REFORM
(Mr. BROOKS asked and was given
permission to extend his remarks at this
point m the Record and to include ex-
traneous matter.)
Mr. BROOKS. Mr. Speaker, on
Wednesday, January 3, I introduced a
measure which would make an important
contribution to congressional reform by
restoring direct authority over all facets
of the legislative branch of our CSovem-
ment to the Congress.
Under our constitutional system, the
smooth functioning of our Government
depends upon the separation of Federal
power between the executive, the judi-
cial, and the legislative branches, and
the maintenance of the proper balance
of power between them. Thus, I find it
unacceptable that a number of key offi-
cials in our legislative branch are ap-
pointed to oflQce by the President rather
than the Congress Itself.
We find that the Public Printer, the
Librarian of Congress, the Comptroller
General and Deputy Comptroller Gen-
eral of the United States, as well as the
Architect of the Capitol, are appointed
by the President, although they serve as
subordinate units within the general
framework of the legislative branch of
the Government.
H.R. 63 would provide for the appoint-
ment of these officials by the Congress
rather than the President. It would di-
rect the Speaker of the House of Rep-
resentatives and the President pro tem-
pore of the Senate to make each ap-
pointment alternately, with the first
such appointment being made by the
Speaker of the House.
I want to emphasize that my bill Is
not directed at the performance of any
of the incumbents now in office. Instead,
it refiects my deep concern with the ba-
sic operation of our present system. The
Congress of the United States, acting
through the principal leaders of each
chamber, has equal capacity for the ap-
pointment of competent individuals to
these posts. I urge my colleagues to give
serious consideration to the provisions
of H.R. 63 in order that we might more
effectively meet our constitutional re-
sponsibilities. In my judgment, officials
who serve in subordinate positions with-
in the framework of Congress should
logically be appointed by the Congress.
JOINT COMMITTEE ON CONGRES-
SIONAL OPERATIONS
(Mr. BROOKS asked and was given
permission to extend his remarks at this
point in the Record and to include extra-
neous matter.)
Mr. BROOKS. Mr. Speaker, the Joint
Committee on Congressional Operations
was created by the Legislative Reorgani-
zation Act of 1970. I have had the honor
of serving as its first chairman. With
this 93d Congress the chairmanship will
shift to the Senate; therefore, I feel it
proper that I report to the Congress on
our first 2 years of activities.
The committee attempted to establish
a reputation for responsible activity and
meaningful accomplishment. What suc-
cess we had is due entirely to the hard
work and outstanding efforts of the com-
mittee members and staff. I personally
January 11, 1973
CONGRESSIONAL RECORD— HOUSE
841
am deeply grateful for the unfiagging
support of our vice chairman. Senator
LEB Metcalf, and the other eight mem-
bers They have been dedicated and de-
tennined advocates of improving con-
gressional capabilities.
At a time when "congressional reform
is a catch phrase of many congressional
observers and particularly our critics, we
have attempted to do our job in a real-
istic, if unspectacular way. How well we
succeeded is not for me to say, this is a
determination that our colleagues will
make for themselves. Therefore, for your
information a brief summary of the joint
committee's activities follows:
BKPORT ON AcTIYITIES OF THE JoiNT COM-
MiTTEE During the 92d Congress
SUM MART
The Joint Committee on Congressional
Operations, created In the 1970 Legislative
Reorganization Act. maintained a full
schedule of activities during the 92nd
Congress.
With Rep. Jack Brooks of Texas as Its first
Chairman and Sen. Lee Metcalf of Montana
as Vice Chairman, this new committee —
Conducted hearings and reported recom-
mendations on proposals designed to Improve
the Congressional budget process;
Reviewed and reported on Implementation
of provisions of the 1970 Act Intended to give
Congress better access to more meaningful
Federal fiscal and budgetary Information.
Complied and published in a single source
rules adopted by the conmilttees of Congress:
Prepared and Issued ai series of reports
Identifying court proceedings and actions of
vital Interest to the Congress; and
Established an Office of Placement and
Office Management for Congress, and pub-
lished Congressional Handbooks containing
Information on the allowances, emolimients,
and privileges accorded Members of both
Houses.
The committee also began or completed a
number of staff studies pertaining to con-
gressional operations, prepared for hear-
ings— on the relationship between legisla-
tive immunity and Congress' ability to
gather and disseminate Information — to be
conducted during the 93rd Congress, and held
seminars for new congressional staff per-
sonnel.
All of the committee's activities over the
past two years, described In greater detail
below, have been carried out in accordance
with Its mandate as defined In the 1970 Act.
coMMrrrEE organization
Representative Brooks and Senator Met-
calf were elected to serve as chairman and
vice chairman, respectively — the chairman-
ship alternates between the House and Sen-
ate every two years — at the committee's first
organization meeting on March 18, 1971.
Committee organization was completed on
March 30, with adoption of rules and pro-
cedure.
Other Members of the committee were:
Representatives Robert N. Olalmo of Con-
necticut, James G. O'Hara of Michigan, Dur-
ward O. Hall of Missouri, and James C
Cleveland of New Hampshire; and Senators
Mike Gravel of Alaska. Lawton Chiles of
Florida, Clifford P. Case of New Jersey, and
Richard S. Schwelker of Pennsylvania.
Appointed as permanent committee staff
employees were: Eugene F. Peters, Executive
Director; Donald G. Tacheron. Director of
Research; Nicholas A. Masters. Staff Director
(resigned September 30, 1971); Raymond L.
Gooch and George Meader. Staff Counsel;
Ann Holoka, Research Assistant; and Cyn-
thia Watklns, Office Manager.
The committee held six days of public
hearings and met 12 times to consider staff
appointments, proposals and approve reports,
discuss hearings, and conduct other com-
mittee business.
committee ACTIVmES
Provisions of the 1970 Act give the com-
mittee a broad mandate. As defined in title
rv, part 2, its duties and responsibilities are
to:
1. Make a continuing study of congres-
sional organization and operation; and to
recommend Improvements designed to
strengthen Congress, simplify Its operations,
improve its relationships with other branch-
es of the United States Government, and
enable It better to meet Its responsibilities
under the Constitution.
2. Identlfv any court proceedings and ac-
tions of vital interest to the Congress or to
either House of the Congress; to call these
to the attention of the House of Congress
specifically concerned, or to both Houses of
Congress; and to make recommendations
concerning them.
3. Control and supervise an Office of Place-
ment and Office Management.
Activities undertaken by the conmilttee
to carry out these provisions included the
following:
In its first hearings, the committee evalu-
ated profKJsals to Improve the scheduling of
annual authorization-appropriations action
so that enactments could be completed prior
to the start of the new fiscal year. Four
days of hearings were held, with emphasis
on numerous proposals to change the Fed-
eral fiscal year. Invited to testify were Mem-
bers of both Houses and representatives of
congressional agencies, executive depart-
ments, and various private organizations.
Additionally, all Governors, all chief State
school officers, and the Mayors of 50 cities
were asked to submit statements for the
record.
The hearings were printed and. together
with the committee's report and recom-
mendations, entitled Changing The Fed-
eral Fiscal Year: Testimony and Analysis,
issued November 5, 1971, were sent to all
Members of both Houses.
In a related area, the committee con-
ducted an extensive review of Implemen-
tation of sections 201-203 of the 1970 Act,
mtended to give Congress — along with other
users — ready access to meaningful fiscal,
budgetary, and program related data In the
executive departments and agencies. Hear-
ings were held in March and April, 1972,
with witnesses invited from the General
Accounting Office, Department of the Treas-
ury, and Office of Management and Budget.
The printed hearings and subsequent com-
mittee report, entitled Improving Fiscal and
Budgetary Information for the Congress,
Issued August 15, 1972, were sent to aU Mem-
bers of both Houses.
As a part of this review activity, the com-
mittee Initiated a comprehensive study of
congressional needs for information on
Federal financial operations. The study, be-
gun by the GAG in mld-1971, is expected to
be completed in 18 to 24 months, and the
committee will continue Its review of im-
plementation of sections 201-203 dviring that
period.
In another project, the committee Issued
a report containing rules adopted by con-
gressional committees at the beginning of the
92nd Congress. Compiled in cooperation with
the chairmen of the various committees, who
were asked to submit copies of their commit-
tee's rules for inclusion, the report contains
rules adopted by 22 House committees, 20
Senate committees, and 3 Joint committees.
The committee plans to revise thU report.
Rules Adopted by the Committees of Con-
gress, to reflect any committee rules changes
made early in each Congress.
Other publications resulting from commit-
tee studies were:
Afodern Information Technology in the
State Legislatures, June 9, 1972. describes
automatic data processing systems in use or
being developed at the state level; and
The Joint Committee on Congressional Op-
erations. January 1, 1972. describes the com-
mittee's purpose. Jurisdiction and rules; and
contains a brief description of changes In
congressional organization and operation
over the past decade as well as statistical in-
formation on congressional activity, names
of House and Senate Leaders, committee
chairmen, and congressional agency heads.
Conmilttee publications have been dis-
tributed widely. For example, the committee
responded to 5,120 requests for Rules Adopted
by the Committees of Congress, 1,880 for Im-
proving Fiscal and Budgetary Information
for the Congress, 1,280 for Changing the
Federal Fiscal Year: Testimony and Analysis.
and 1,445 for Modem Information Tech-
nology in the State Legislatures.
Identifying court proceedings
In October, 1971, the committee Issued the
first In a series of reports Identlfymg court
proceedings and actions of vital Interest to
Congress. Pour such reports have been Issued
since then, each of them listing additional
cases and including any new action on cases
described In the preceding reports.
The most recent of these cumulative re-
ports, complete to September 25. 1972, con-
tains a summary of the brief and the status
of 38 actions In the following areas: Con-
stitutional qualifications of Members of Con-
gress, Constitutional Immunities, powers of
congressional committees. Constitutional
powers of Congress, congressional access to
executive branch information. Officers and
agents of Congress, and other actions In-
volving Members in their representative ca-
pacity. The 164-page report also contains the
text of recent decisions on cases identified
for inclusion.
In addition to the cumulative reports, the
committee prepared and distributed two spe-
cial reports In areas of general Interest to
many Members. The committee responded
to 1.817 requests for copies of the first of
these. Decisions of the United States Su-
preme Court {United States v. Brewster, and
Gravel v. United States), issued on June 29,
1972; and to 2,430 requests for copies of the
second. The Franking Privilege of Members
of Congress, Issued October 16, 1972.
The final cumulative report, for the 92nd
Congress to be Issued In early January, 1973,
will Include final action on all cases pend-
ing during the two-year period. The com-
mittee has arranged to distribute these re-
ports regularly to all Members of both Houses
as well as congressional committees, law
schools, and other Interested Individuals and
organizations.
Office of Placement and Office Management
The committee conducted a survey of con-
gressional offices during May, June, and July,
1971, to determine what kinds of assistance
Members, officers, and committees required
In recruiting, and training qualified staff
personnel and In applying modem office man-
agement techniques. Based on results of this
sur\ey — which included Interviews with
Members and staff In 49 congressional offices
and committees — the committee began pro-
viding services through its Office of Place-
ment and Office Management in January,
1972.
The comjnlttee assumed full responsibility
for the Placement Office, previously operated
by the U.S. Department of Labor, on January
3, 1972. The Placement Office Is situated on
the first fioor of the House Annex (former
Congressional Hotel) and in Room B-46 of
the Russell Senate Office Building. Among
placement services provided are:
Preliminary applicant interviews on a
walk-m basis.
Maintenance of qualified applicants by Job
categories.
CXIX-
-54— Part 1
CONGRESSIONAL RECORD — HOUSE
Submission of resumes In response to Job
orders for review by the congressional offices
Involved. (The Placement Office submits a
number of resumes of qualified applicants
for each Job opening: It does not make final
selection among candidates for employment.)
Use of Placement Office services Is increas-
ing st«adlly. with 1066 Job orders received
fl-om congresalonal offices to date. Some 200
applicants are given preliminary Interviews
by the office each week.
In November. 1972, In accordance with
objectives defined In sections 402(a) and
402(b) of the 1970 Act, the committee printed
and distributed loose-leaf handbooks con-
solidating Information on allowances and
other support services available to Members
of the House and Senate.
Prepared by the Office of Placement and
Office Management, the 200-page Congrei-
stonal Handbook— The House and Senate
versions differ to reflect the different al-
lowances and procedures for obtaining them
In the two Houses — describes information
sources, privileges of Members, and other In-
rormatlon pertaining to establishment and
maintenance of congressional offices.
Copies of the handbooks have been dis-
tributed to all re-elected, incumbent and
aewly elected Members of Congress, officers
3f the House and Senate, and congressional
xjnunlttees. Material In the handbooks will
se revised periodically as needed and new
sages containing updated allowances, pro-
Jedures, etc . will be sent to those receiving
these publications from the committee.
STUDns Afro ACTivmEs m preparation
In addition to work completed, as Indi-
cated above, the committee initiated a num-
ber of preliminary studies for hearings or
reports and planned training programs for
new House and Senate staff employees. In-
:luded, are background studies relating to
questions to be considered In hearings on
eglslatlve Immunity and its relationship to
Congress- ability to gather and disseminate
nformatlon. Topics on which such studies
ire under way are the origin and develop-
ment of the doctrines of legislative, execu-
.Ive, and Judicial Immunities; the court's
urisdictlon over issues involving operations
)f Congress: Judicial and executive actions
■elating to the separation of powers doctrine
ind executive privilege; and proposals for
ffltablishing a counsel for Congress. The hear-
xigs have tentatively been scheduled to open
n February, 1973. Other studies scheduled
■or completion during the 93rd Congress are •
A. Congressional capabUity for utilizing
»mmunlcatlons media more pffectlvely in
■eporting to the American people. The study
)bjectlves are to :
1 ) describe the existing Imbalance between
executive and fegislatlve branch communl-
:atlons capabilities:
2) analyze and assess the consequences of
:hls Imbalance; and
3) develop recommendations for a com-
1 nunlcations strategy providing Congress with
;he techniques and access to the media
lecessary to offset the massive and Incre.js-
ngly sophisticated use of mass communta-
lons by the President and execut ve
I Lgenciee.
B. Decisions of the Federal courts In cases
?hlch have significantly affected the opera-
ions of Congress. This compilation wUl in-
I lude cases of historic and legal Importance
1 n these major categories :
1 ) the separation of powers doctrine as It
I .ffects the legislative functions of Congress;
2) congressional Investigations and the
lower to solicit information by contempt
I roceedings:
3) congressional pawer over elections and
( uallficatlons of members: and
4) legislative Immunities.
Each chapter will contain selected material
1 rom law Journals and other legal periodicals
8 3 well as the complete text of the official
reports of the cases selected for inclusion,
January ll, t97S
providing in a single source the major court
interpretations of the constitutional func-
tions and prerequisites of the Congress along
with the Implications of these Interpreta-
tions as viewed by legal commentators.
C. Responsiveness of legislative agencies,
Including the Government Printing Office.
General Accounting Office. Library of Con-
gress, and Architect of the Capitol.
D. Detailed description of the plans of the
General Accounting Office and the Congres-
sional Research for upgrading their infor-
mation capabilities to meet new requirements
of the 1970 Legislative Reorganization Act.
Also under way is a general survey of the op-
eration of other provisions of the 1970 Act
that are within the review and study Juris-
diction of the committee.
E. Current and prospective applications of
modern information technology in the Con-
gress. The study will Include summary de-
scriptions of such systems In both Houses,
the OAO, Library of Congress, and Govern-
ment Printing Office.
Training for new staff employees was of-
fered by the committee through its Office of
Placement and Office Management during the
second week In January, 1973. The purpose
of the training sessions was to acquaint key
staff appointees with various problems that
can be anticipated in the day-to-day opera-
tion of a congressional office. The Congres-
sional Handbook is used as the basic text for
these sessions, with discussion leaders se-
lected from among experienced House and
Senate staff personnel. Subjects covered in-
clude office organization, constituent rela-
tions, casework, and sources of information.
The sessions were attended by 125 individuals
representing the staffs of 64" Representatives
and 12 Senators.
EQUAL POWER TO THE CONGRESS
• Mr. PICKLE asked and was given per-
mission to address the House for 1 min-
ute, to revise and extend his remarks
and include extraneous matter.)
Mr. PICKLE. Mr. Speaker, I make re-
marks today in conjunction with the
introduction of a bill to put an end to
setting national priorities with a book-
keeper's ledger.
*• Today, I am introducing, along with
my colleagues a so-called impoundment
bill. I call this bill an equal power to the
Congress bill.
The bill I am introducing was pre-
sented last year by our outstanding col-
league, former Congressman Bill Ander-
son of Tennessee. I cosponsored the An-
derson bill last year, and I take this op-
portunity to salute his work In this area.
I salute his initiative, also.
And even though Bill is not here to
reintroduce his bill, those of us in Con-
gress, who question the President's
capricioiis impoundment of congresslon-
ally appropriated moneys, must continue
efforts to get the Anderson bill passed,
in some form at least.
Already several of my distinguished
colleagues have introduced Impoundment
legislation, and I understood some Mem-
bers will do so today.
Some of these bills will be the same,
or similar, while others will be substan-
tially different.
. Mr. Speaker, whatever the final form
Is. we need an impoundment bill.
. Mr. Speaker, I plan to listen to all
l^deas; I plan to work to get something
that will pass both Houses of Congress
above being bullheaded for my bill only.
I urge all Members to do likewise.
Basically. Mr. Speaker, the bill j in-
troduce today is to require congression-
al approval of Federal moneys impound-
ed by the executive department.
The bill would require the President
to notify Congress within 10 days if ap-
propriated funds are impounded. The
notification must Include the amount of
funds, the specific projects or govern-
mental functions affected, and the rea-
sons for impoimding the funds.
Unless, and I emphasize unless, Mr
Speaker, both the House and the Senate
ratify the impoundment, the President
could hold up Federal moneys approved
by Congress no more than 60 days.
This legislation would require the
House and the Senate to take up debate
on the impoundment by resolution to
approve or disapprove of the freezing
of funds under a privileged rule that
would not refer the impoundment noti-
fication to committee for study or hear-
ings.
The bill provides that Congress must
ratify the impoundment within 60 days
or else the money must be released. Al-
so, there are several safeguards to make
sure Congress allots sufficient time to
consider the impoundment resolution
within the 60-day period.
Quite frankly, Mr. Speaker, the Office
of Management and Budget has become
the "invisible Government" of the United
States.
This title used to be reserved for the
CIA: but, Mr. Speaker, there is a com-
mittee of Congress to oversee the CIA.
The newspapers are the only source
I have to learn where the Presidential
ax will fall, and has fallen. The OMB
is delivering the blows of that ax, Mr.
Speaker.
It would be humorous, if it were not
so serious, but I and my staff cannot
keep up with what congressional pro-
grams are being abolished daily.
Now, Mr. Speaker, nearly 200 years
ago, the Constitution established the
basic framework of our Government
The people were to elect, first House
Members, and then later in our history,
both House and Senate Members.
These Members of Congress were to
come to Washington, examine how much
money the Government had, and decide
how to spend that money.
Although not as simple as I have de-
scribed, generally the Congress is still
supposed to function on these principles.
The executive branch was to take the
moneys appropriated by Congress, and
administer the money in the most effi-
cient manner.
Mr. Speaker, it just does not work this
way anymore.
Instead, through the OMB, the exec-
utive branch has begun to act as if
it alone could handle the general welfare
of this Nation.
Last July 26, I held a special order on
the impoundment problem.
At that time, I warned the Congress
that someday we would wake up and
find that everything we legislated could
be meaningless. I warned that we could
complain when money for our district
was withheld, but that someday every-
body's district could suffer. I warned
that many philosophies — liberal, con-
servative, rural, urban, and so on —
January 11, 1973
CONGRESSIONAL RECORD— HOUSE
843
would be affected. I warned that some-
day constituents would request our help
and we could do nothing.
Mr. Speaker, I do not intend to repeat
what I said last year— this would only
clutter up the Record.
I do say, with a large degree of alarm,
that the someday that I spoke of last
year is here. Someday is today.
Since Christmas we have seen rural
programs abolished, health funds made
meaningless, housing efforts crippled,
the environmental commitment ren-
dered puny, education grants slashed,
and on and on.
I have sounded the alarm; I have not
minced my words.
Before continuing, I must address my-
self to those who say "So what, when a
Democratic President does it, the Re-
publicans holler; and when a Repub-
lican President does it, the Democrats
holler."
I think that we have passed the stage
of partisan rhetoric.
My distinguished friend, former Pres-
ident Lyndon Johnson, said this about
the impoundment of ftmds many years
ago when he was in the U.S. Senate:
Do we have a centralized control in this
country? Do we no longer have a co-equal
branch of government? I had the thought
that we had a constitutional responslbUlty
to raise an army; I had the thought that
we had a responsibility to appropriate funds.
I had the thought that once the Congress
passed the appropriation bill and the Presi-
dent approved It and signed and said to the
country that "this has my approval" that
the money would be used Instead of sacked
up and put down In the basement some-
where.
That Mr. Johnson later impounded
funds as a President does not detract
from the validity of the questions he
asked as a Senator.
To those who say, "Why, Thomas Jef-
ferson impounded money for gunboats,
and thus impoundment is as American
as apple pie," I reply, "If impoundment
is applie pie, it is a unhealthy pie — so
full of cholesterol to clog the proper
arteries of constitutional spending pipe-
lines to give our form of government a
massive heart attack."
Let us also examine past impoimd-
ments.
Thomas Jefferson did not si>end the
money for the gunboats because they
were no longer needed.
Can we say the same for our water
pollution program? I think not.
Abraham Lincoln impounded funds
under his war powers as Commander in
Chief during the War Between the States.
But the impounding of funds was not
much of an issue in those days. Depart-
ments and agencies communicated their
financial needs informally to the Con-
gress with no coordination by the execu-
tive branch. As the country grew, how-
ever, the system displayed obvious dif-
ficulties, and in 1921 the Bureau of the
Budget was founded. It was a part of the
Tresury Department until 1939. Then,
because of the vast financial problems of
the depression and the organizational
problems created by the New Deal agen-
cies and law, the Executive Office of the
President was created and the Bureau
of the Budget became an official arm of
the President.
This agency wielded increasing power
over the various agencies and d^jart-
ments In determining their budget re-
quests. Although this power was of con-
cern to some, I do not think anyone ever
basically questioned the right and duty of
the President to formulate a budget and
use an instrument such as the Bureau of
the Budget to do it.
The first major conflicts between the
President and the Congress occurred
after World War II when President Harry
Trtunan used Impounding as a major
method to convert from peacetime to
wartime priorities. And up imtil very
recently, almost all impoundment ques-
tions have centered around military ap-
propriations. President Harry Truman
froze the funds for the U.S.S. United
States and for military aircraft. Presi-
dent Dwight Eisenhower Impounded
funds for the Nike-Zeus missile. Presi-
dent Kennedy impounded funds for the
B-70 bomber.
Yet, perhaps because the major cases
were isolated and sporadic, no great and
united long-range concern was voiced.
It goes without saying that today im-
poundment is not an Isolated occur-
rence.
I think that we are aware that some
say that the President has statutory au-
thority to Impound fimds.
I think that this is a false argument.
Basic statutory authority for Impound-
ment derives from the Anti-Deficiency
Acts of 1905 and 1906. These acts sought
to prevent, and I quote, "undue expendi-
tures in one portion of the year that may
require deficiency or additional appro-
priations to complete the service of the
fiscal year." These acts further provided
that apportionments could be waived or
modified in the event of "sonve extraor-
dinary emergency or imusual circum-
stances which could not be anticipated
at the time of making such apportion-
ment."
The Anti-Deficiency Act was amended
in 1950, giving the then Bureau of the
Budget somewhat more discretion. But
even these amendments do not give the
Executive total authority over the direc-
tion of expenditures by the Federal Gov-
ernment.
The Office of Management and Budget
was created by the President under Re-
organization Plan No. 2 of 1970.
In essence, the functions vested by law
in the Bureau of the Budget were trans-
ferred by the President to the Director
of the OMB.
By Executive order the functions of
OMB were defined, and I include this
order to show that preparation of the
budget as such was no longer to be the
dominant overriding concern of the new
agency.
I include this order also to show that
in no part does it direct the OMB or give
the OMB power to alter or override pre-
rogatives and priorities set in congres-
sional legislation :
Statement or Ponctions. — By Executive
Order 11541 of July 1, 1970. all functions
transferred to the President of the United
States by part I of Reorganization Plan 2 of
1970 were delegated to the Director of the
Office of Management and Budget. Such func-
tions are to be carried out by the Director
under the direction of the President. The
Office's functions include the following:
1. To aid the President to bring about more
efficient and economical conduct of Govern-
ment and service.
2. To assist In developing efficient coordi-
nating mechanisms to Implement Govern-
ment activities and to expand Interagency
cooperation.
3. To assist the President In the prepara-
tion of the budget and the formulation of
the fiscal program of the Government.
4. To supervise and control the adminis-
tration of the budget.
5. To conduct research and promote the
development of improved plans of adminis-
trative management, and to advise the execu-
tive departments and agencies of the Gov-
ernment with respect to improved adminis-
trative organization and practice.
6. To assist the President by clearing and
coordinating departmental advice on pro-
posed legislation and by making recom-
mendations enactments, In accordance with
past practice.
7. To assist In the consideration and clear-
ance and, where necessary. In the preparation
of proposed Executive orders and proclama-
tions.
8. To plan and promote the Improvement,
development, and coordination of Federal
and other statistical services.
9. To plan and develop Information sys-
tems to provide the President with program
performance date.
10. To plan, conduct, and promote evalua-
tion efforts to assist the President in the
assessment of program objectives, perform-
ance, and efficiency.
11. To plan and develop programs to re-
cruit, train, motivate, deploy, and evaluate
career personnel.
12. To keep the President Informed of the
progress of eu:tlvltles by agencies of the Gov-
ernment with respect to work proposed, work
actually Initiated, and work completed, to-
gether with the relative timing of work be-
tween the several agencies of the Govern-
ment aU to the end that the work programs
of the several agencies of the executive
branch of the Government may be coordi-
nated and that the moneys appropriated by
the Congress may be expended in the most
economical manner with the least possible
overlapping and duplication of effort.
The following statement from the
Congressional Research Service of the
Library of Congress sums up the OMB's
present statutory authority to impound
funds:
Even as amended as It Is hard to see how
the language of this section can be Inter-
preted to give the Bureau of the Budget
unlimited discretion to apportion reserves.
The establishment of reserves is authorized
"to provide for contingencies, or to effect
savings whenever savings are made possible
by or through changes In requirements,
greater efficiency of operations, or other de-
velopments subsequent to the date on uhix^h
such appropriation was made at^ailable." This
seems to preclude the establishment of re-
serves simply because of a disagreement of
policy between the Executive and Legislative
Departments on the basis of the facts exist-
ing at the time the approprlationjtas made.
In other words, the Anti-Deficiency
Acts provide for the sound fiscal manage-
ment of the appropriations and policies
set by the Congress. They do not give
statutory authority for the OMB and
the President to ignore congressional ap-
propriations and policies.
Yet I think you are aware that is pre-
cisely what is happening today.
Finally we came to the constitutional
144
CONGRESSIONAL RECORD — HOUSE
January 11, 1973
cuestion. Some say that the President
I AS the constitutional authority to Im-
X ound money.
I will not pass myself off as a great
1 ;gal mind. Instead. I ask you to weigh
£ nd value the opinion of two men — Sen-
Etor Sam Ervin of North CaroUna and
Supreme Court JusUce William Rehn-
qulst.
Senator Ervin, recognized as the lead-
iig constitutional scholar In the XJB.
Senate, has introduced a bill in the
£ enate similar to the one I and my col-
1 (agues Eire introducing today.
He has joined an amicus curiae brief
ii 1 an impoundment case before the U.S.
C ourt of Appeals for the Eighth Circuit.
1 his is a case filed by the State of Mis-
souri against the authority of OMB to
V Ithhold money for highway construe -
t on in Missouri.
Twenty-three Senators Joined the brief,
a; did I and my colleague Benjamin
FosENTHAL of New York and Morris
t DALL of Arizona.
This brief point blank states that the'
President does not have the authority
t< I impound, under the Constitution, con-
g -essionally appropriated money.
So Senator Ervin's position is clear —
tl te Constitution does not give the Presi-
d ?nt authority to impound money.
There Is another opinion on this ques-
tisn that carries weight — Supreme
Csurt Justice William Rehnquist.
When Justice Rehnquist was Assistant
Aitomey General In the OfQce of Legal
C junsel of the Department of Justice he
a ithorlzed a memorandum which stated:
with respect to the suggestion that the
P: esldent has a Constitutional power to de-
cl ,ne to spend appropriated funds, we must
cc nclude that existence of such a broad power
is supported by neither reason nor precedent.
Not being facetious, I note that Jus-
ti;e Rehnquist is a strong Republican,
a] id a strict constructionist of the Con-
st itution.
I feel his opinion is to be valued also.
Of course, I have introduced a bill to
al ow the President to impoimd money for
6( days without congressional authority.
F rst. I note that this may contradict the
P( isition that I took on the amicus curiae
b'ief. I maintain that if the Judicial
bi anch has to settle the question of im-
poundment, I will join the issue on that
bi ittlefield as well as In Congress.
I would, however, want to see Con-
gi ess settle the question.
Furthermore, I think that we all realize
tl at impoundment is sometimes good
rr anagement — for example, if a ship can
b buUt for less money than appropri-
ated by Congress, then the executive
si ould not spend all the money. Perhaps
if money appropriated for a disaster was
more than needed once the emergency
w is --net. impoimdment could be a useful
tcol.
I Jso do not think it is healthy to
re so ye the impoundment question in the
atmosphere of judicial drama — such an
ai iproach would only be another abdica-
ti )n of responsibility by the Congress.
So let us pass the bill I and others pro-
p(se today, or a similar piece of legis-
la tion.
Let us say to our countrymen. "The 93d
Congress again made the United States
a government of three equal branches."
A greater gift we could not give to this
country as we approach our 200th anni-
versary.
Mr. Speaker, I thank my colleagues for
their time; I commend to them the leg-
islation that has been introduced.
SOFT DRINK BOTTLERS' BILL
(Mr. PICKLE asked and was given per-
mission to extend his remarks at this
point in the Record and to include ex-
traneous matter.)
Mr. PICKLE. Mr. Speaker, last year
the Federal Trade Commission filed com-
plaints against soft drink companies
which market their product under a
franchise system Includii^g exclusive
rights to certain geographical territories.
On the surface, the FTC move would ap-
pear to be a true move against monopoly
and for open competition in the public
interest.
Last year I pointed out how this sur-
face appearance was deceptive.
At the risk of being accused of being
redundant, I want to repeat ^he argu-
ment in favor of a soft drink bottlers'
bill.
The fact is that the peculiar market
conditions in this Industry mean that
these actions could result in precisely
the opposite effect. Indeed, it threatens
to turn a highly competitive industry of
about 3,000 local manufacturing con-
cerns into a oligopoly-controlled indus-
try with little chance for the small manu-
facturer to compete, with little price com-
petition, with reduced service or an end
to service for smaller retail outlets, and
with loss of easily Identifiable manufac-
turer responsibility for producing a pure
quality beverage.
Clearly this is not in the interest of
free enterprise or in the Interest of pub-
lic well-being.
Clearly this is an unusual and excep-
tional case where the congressional in-
tent of the Federal Trade Commission
Act would be strongly violated by an en-
forcement of the tenets of that act.
Today I join 12 other Texas colleagues
in introducing legislation to correct this
exceptional circumstance and preserve
an important element of small business
enterprise across this land. Many other
Members of Congress have introduced
similar legislation.
The bill is intended to assure that
where the licensee of a trademarked soft
drink product is engaged in the manufac-
turing, distribution, and sale of that
product, he and the trademark owner
may include provisions in the licensing
agreement which give him sole right to
manufacture, distribute, and sell the
trademarked product in a defined geo-
graphic area.
The manufacturer is subject to the
conditions that, first, there be adequate
competition in tlrnt area between the
trademarked product and products of the
same general class manufactured, dis-
tributed, and sold by others; that, sec-
ond, he is in free and open competition
with vendors of products of the same
general class; and that third, he is in ac-
cordance with the Trademark Act of
1946.
The circumstances which necessitate
this legislation are tied up in the route
delivery marketing method which char-
acterizes this industry. This method has
produced intensive competition between
the bottlers for the trade of virtually
every large or small establishment which
serves soft drinks.
It has also seen the growth of a large
and healthy small business in local
bottlers in countless towns across the
country.
If the exclusive territorial system is
abolished, however, then large volume
buyers who deal with many final ouiQets
in several areas will be able to purchase
one small franchise nearest their key
warehouses and distribute that product
all over the country.
Those few bottlers nearest these ware-
houses— who can also come up with the
capital necessary to switch to the produc-
tion of canning or nonretumable con-
tainers preferred by large volume buy-
ers— will stay in the game.
The small bottler who is not near the
warehouse will be doomed. Or he will be
forced into a market consisting solely of
small outlets, "mom and pop" stores and
the like, and I wager we will soon see a
necessary hike in prices there due to the
costs of delivery.
This is not the intention of the Federal
Trade Commission Act, and it is not in
the public interest. I urge the House
therefore, speedily to take action to pre-
serve the high competition which now
exists in this industry.
NEGOTIATED SETTLEMENT OF
VIETNAM WAR
(Mr. RUPPE asked and was given per-
mission to address the House for 1 min-
ute and to revise and extend his remarks
and include extraneous matter.)
Mr. RUPPE. Mr. Speaker, last Satur-
day morning, I voted with the majority
of my colleagues in House Republican
conference to support a resolution en-
dorsing the efforts of the President to
end the Vietnam war through a negoti-
ated settlement. My support of this reso-
lution reflects an obvious desire to see
the conflict ended without further blood-
shed and in such manner that our pris-
oners of war will be returned and those
missing in action will be accounted for.
For the record, however, I want to
clarify my position. Like every Ameri-
can, I share the fervent hope that the
negotiations which began again this week
in Paris will be concluded successfully.
It was this hope that was expressed in
my vote for the resolution passed in the
Republican conference. However, that
vote in no way reflects any support on
my part for the imprecedented bombing
of North Vietnam which took place be-
tween December 18 and December 30.
These raids were in my view unwar-
ranted and not consistent with what I
view as the major goal of our policy in
South Vietnam: the return of American
POW's and accounting of those missing
In action. Mr. Speaker, I am convinced
that the December bombing raids were
not in the best interest of this Nation, if
we are to assert our moral leadership
and national conscience.
January 11, 1973
CONGRESSIONAL RECORD — HOUSE
845
A NATION UNREADY FOR LE GRAND
RICHARD
(Mr. McFALL asked and was given
permission to extend his remarks at
this point in the Record and to include
extraneous matter.)
Mr. McFALL. Mr. Speaker, the New
York Times of Monday, January 8, 1973,
contains a timely and perceptive essay
by our colleague, Mr. Brademas of In-
f, on the subject of the President's
ons with the Congress.
Brademas gives an admirable sum-
of the reasons this Congress prom-
,f„^ .0 be an active one. Mr. Speaker,
the thoughts of the gentleman from In-
diana on this subject are of value to all
of us, and for the convenience of Mem-
bers I will insert his essay at this point
in the Record.
A Nation Ui'Tseaoy fob Le Grand Richard
(By John Brademas)
Washington. — When President Nixon
tries to pass himself oCF as an American
Disraeli, do not be beguiled. It's Charles de
QauUe, with his supreme contempt for the
legislative branch of government, whom Mr.
Nixon really admires.
The President's vetoes of bills unanimously
passed by bipartisan majorities, his Impound-
ing of appropriated funds, his attempts to
create super-departments by Executive flat
rather than legislation — all these sections
make obvious Mr. Nixon's Intentions to spurn
any Congressional olive branches that may
ba offered him.
But if the President la feeling feisty after
his Impressive victory, he should take care,
for the 93d Congress promises to be one of
the most active and assertive In years.
Here are some of the reasons for expecting
a resurgent Congress In 1973 and '74.
Despite the Nixon landsUde, Democrats
kept solid control of both the House and
Senate. If the American people had Intended
a mandate for the President's policies, they
would have given him a Republican Congress
to carry them out. If the President insists
he won a mandate on Nov. 7, then we In Con-
gress have a right to say we did too.
Another reason to expect more from the
next Congress — and get it — Is that Senate
Democrats, bolstered by two additions, are al-
ready busily shaping their own legislative
program for early action. Majority leader
Mike Mansfield has warned that Democrats
won't wait for Administration proposals but
will use their 57-to-43 margin to send their
own bUls to the floor.
In the House, Speaker Carl Albert, with
one term of experience In the high office,
and the new majority leader, Thomas P.
O'Neill Jr. of Massachusetts, will be In much
stronger position to give leadership on Dem-
ocratic initiatives. For example, the acces-
sion of Representative J. Ray Madden of In-
diana to the chairmanship of the Rules
Committee will mean more cooperation from
that key unit than the House leadership
has known in a generation.
In addition, the absence from the new
House — because of death, defeat, resignation
or retirement — of six committee chairmen
and six of the top ranking Republicans on
committees will, in several cases, produce
more constructive, aggressive leadership than
their predecessors gave.
There is a third reason to anticipate a
renascent Congress in the next two years. Not
only most Democrats but also a number of
Republican Senators and Congressmen op-
pose the Administration's attempts to cen-
tralize executive powers in the White House
stafr, the Impounding of fimds, the attacks
on press and threats to television, the stlU
unexplained Watergate campaign tactics.
All these are reasons the voters did not
give Mr. Nixon a compliant Congress; they
are also among the reasons It won't be
compliant.
Senator Sam Ervln of North Carolina and
Representative Chet HoUfleld of California,
Chairmen of the Oovernment Operations
Committee, will fight the effort to establish
super-departments run by Presidential assist-
ants who, when Congress tries to question
them, plead executive privilege and immunity
from public accountability.
The President's refusal to spend money
Congress voted to meet urgent problems la
Ejready being challenged In the courts and
will bring a constitutional confrontation with
Congress as well.
And many Republicans In Congress, peeved
that President Nixon failed either to speak
for them or share his copious campaign funds,
also feel their Democratic colleagues' resent-
ment that he waited till Congress ad-
journed before vetoing bills, some passed
unanimously, to help older Americans, the
severely disabled and flood victims.
With no opportunity in late October to
override the vetoes, Congress vrtJl act swiftly
10 approve these measures.
Nor will the Administration's threat to
hold local television stations accountable for
reporting to the Government on the content
of network news contribute to improving
relations with Congress.
Nor, It seems safe to add, will Mr. Nixon
be helped on the Hill by his faUure to bring
peace in Vietnam and his renewal of the
bombing.
The 93d Congress — as its Democratic lead-
ers in both the House and Senate have made
perfectly clear — will cooperate with President
Nixon In the Interest of the nation. But
neither Congress nor the American people are
ready for Le Grand Richard In the White
House or to change the name of Camp David
to Colombey-les-deux-Egllses.
LEGISLATIVE PROGRAM
(Mr. GERALD R. FORD asked and was
given permission to address the House for
1 minute.)
Mr. GERALD R. FORD. Mr. Speaker, I
take this time for the purpose of asking
the distinguished majority whip the pro-
gram for the rest of this week, if any, and
the legislative schedule for next week, if
any.
Mr. McFALL. Will the gentleman from
Michigan yield to me for that purpose?
Mr. GERALD R. FORD. I yield to the
gentleman from California.
Mr. McFALL. Mr. Speaker, there is no
further business for today, and I will ask
that the House go over until Monday. On
Monday we plan to ask to go over until
Thursday. There is no legislative business
scheduled for next week, as far as I know,
imless we possibly have elections to some
committees. We hope to complete the or-
ganization of the committee so that they
can begin meeting on legislation.
Mr. Speaker, I understand there are
some resolutions out of the Committee
on House Administration that we may be
taking up on Monday.
ADJOURNMENT OVER TO MONDAY,
JANUARY 15
Mr. McFALL. Mr. Speaker, I ask
unanimous consent that when the House
adjourns today it adjourn to meet on
Monday next.
The SPEAKER. Is there objection to
the request of the gentleman from Cali-
fornia?
There was no objection.
HOUSE OF REPRESENTATIVES
HOLIDAY RECESS SCHEDULE —
1973
Mr. McFALL. Mr. Speaker, the follow-
ing is the holiday recess schedule for
1973:
Lincoln's Birthday, Monday, February
12: From conclusion of business on Fri-
day, February 9 until noon, Monday,
February 19.
Washington's Birthday, Monday, Feb-
ruary 19: Reading of the Farewell Ad-
dress only.
Easter, Sunday, April 22: From con-
clusion of business on Thursday, April
19 until noon, Monday, April 30.
Memorial Day, Monday, May 28:
From conclusion of business Thursday,
May 24 until noon, Tuesday, May 29.
Fourth of July, Wednesday, July 4:
From conclusion of business Friday,
June 29 until noon, Thursday, July 5.
August recess, from conclusion of
business Friday, August 3 until noon
Wednesday. September 5.
The House will be in session the first
and third Fridays of every month if
legislation is available prior to the Au-
gust recess. The House will be in session
every Friday after Labor Day.
Further recesses will be announced
after Labor Day.
CONCERNING THE LEGISLATIVE
IJ^J'ROGRAM
I Mr. GROSS asked and was given
permission to address the House for 1
minute and to revise and extend his
remarks.)
Mr. GROSS. Mr. Speaker, I would like
to ask the gentleman from California a
question concerning the resolution or res-
olutions. Is it one resolution or more
than one resolution that is to be con-
sidered on Monday, and will they be
available to the Members of the House
before Monday?
Mr. McFALL. I am advised that there
may be several resolutions out of the
Committee on House Administration for
Monday. At this time I am not advised
as to how many there will be or what the
content of the resolutions will be.
Mr. GROSS. Does the gentleman know
whether those resolutions will be avail-
able before Monday?
Mr. McFALL. I assume they will be.
But If the gentleman will allow me some
opportunity to find out the answers to
his questions in the next few minutes,
I will be glad to answer them for him,
but I do not have that information at
the present time.
Mr. GROSS. I thank the gentleman.
PROVIDING FOR CONTINUED FUND-
ING OF INTERSTATE AND DE-
FENSE HIGHWAYS
(Mr. ROGERS asked and was given
permission to address the House for 1
minute and to revise and extend hte
remarks.)
Mr. ROGERS. Mr. Speaker, I am in-'
troducing today legislation which pro-
vides for the continued funding of the
National System of Interstate and De-
fense Highways. This bill authorizes the
Secretary of Transportation to make ap-
^6
portionments of tJghway tnist fund
moneys for Interstate highway con-
struction for fiscal years 1974 and 1975.
Six States have already exhausted
Lheir supply of interstate funds, and are
inable at the present time to let any
:ontracts. By March that number will
lave grown to 19, and by June, 36 States
report that they will have no interstate
lighway funds to spend.
The cost of delay could be staggering.
Josts will rise by millions of dollars due
X) increases in costs of labor and mate-
rials and land acquisition. But the great-
»t cost of the delay is in the thousands
if highway deaths that could be pre-
.rented by the completion of this llf esav-
ng system. Each year 55,000 persons are
tilled on our Nation's highways, a niun-
jer that could be significantly reduced
lue to the proven increased safety of the
nterstate highways.
For this reason, Mr. Speaker, I urge
iupport of the present bill, which
iirough simple and direct action can
lelp bring an end to the costly delay
n construction of our system of inter-
;tate highways.
I
CONGRESSIONAL RECORD — HOUSE
ELECTRONIC RECORDING OF
MEMBERS' VOTES
(Mr. ROGERS asked and was given
] lermission to extend his remarks at this
])oint in the Record.)
Mr. ROGERS. Mr. Speaker, the first
Session of the 93d Congress will be
1 narked by a great advance in House pro-
(edure: namely, the replacement of the
lollcall by electronic recording of Mem-
bers' votes. Required by the Legislative
] leorganization Act of 1970. this new sys-
tem has been estimated to cut in half
t he time required for recording votes. At
1 hat rate, it is estimated that the system
1 rtll pay for itself in about one Congress,
fa terms of Members' time saved.
Mr. Speaker, I would like to call to the
Attention of the House the part played in
1 he development of this voting system by
two Ft. Lauderdale, Fla.. firms, Com-
launlcatlon Equipment & Engineering
Co., and National Identification Corp. In
i, display of great ingenuity, these com-
lax^ies developed and manufactured the
live- main display boards mounted above
the press gallery and the two summary
(isplay panels mounted in each end of
I he House. This type of hidden-front dis-
lilay, duplicating our existing decorum,
] las never been Eiccomplished before.
Mr. Speaker, these firms are to be
( ommended for turning a difficult assign-
ment into a great achievement, one
ihich should have a salutory effect on
he deliberations of this Chamber in the
ears to come.
VIR TRANSPORTATION SECURITY
ACT OF 1973
(Mr. ECKHARDT asked and was given
: >ermission to address the House for 1
ninute, to revise and extend his remarks
uad include extraneous matter.)
Mr. ECKHARDT. Mr. Speaker, 16 of
ny colleagues and I have introduced to-
lay Uie Air Transportation Security Act
)f 1973. The crux of the bill Is the f ollow-
ng provision:
Sac. 3. (a) Consistent wltb the Federal
Aviation Administration's general authority
and duty to provide rules and regulations
necessary to provide adequately for safety
In air commerce, the Director of the Federal
Bureau of Investigation shall have the re-
spoiislbUlty to establish, maintain smd direct
a coordinated national police effort to curb
acts of aircraft piracy and destruction of air-
craft or aircraft facilities.
The bill then provides a $35-million
appropriation for the program.
THE PROBLEM PRESENTED
The problem was most dramatically
and tragically presented by the incident
which occurred at the Houston airport
on October 29, 1972.
On that day Stanley Hubbard, an
Eastern Airlines ticket agent, was con-
fronted at nighttime by four men armed
with pistols and a shotgim who stormed
the gate, and the courageous ticket
agent, in a heroic attempt to protect
the passengers on the Eastern Airlines
flight, lost his Ufe in attempting to stop
these desperadoes.
What was needed was a police presence
acting pursuant to a delineation of re-
sponsibility which would marshal all the
skills of crime detection, police intercom -
mvmication and ultimate frustration of
the crime and arrest to the unique prob-
lem at hand. Such need was tragically
lacking.
In the first place, though the FBI had
special reason to believe that Charles
Tuller and his associates might well be
in the Hotiston area and they knew that
they had robbed a bank in the District of
Columbia area, the FBI apparently did
not engage in any special surveillance of
the Houston airport nor inform the air-
port or Federal or local police author-
ities of imminent danger. The Federal
Aviation Administration had merely
given the Houston airport routine In-
formation, commonly afforded to other
airports, that the Tullers were aboard
and were potential hijackers.
In the second place, there were only 17
armed Federal agents assigned at the
Houston airport. Since there are two
buildings with four terminal areas each
of which would need to be guarded at
a minimum, it would take no less than
24 such Federal agents to man these
points on a three-shift, 24-hour basis.
In the third place, the means of detec-
tion of arms was so close to the entrance
of the plane that the use of force to pre-
vent boarding would be about as danger-
ous to passengers in the accordion walk-
way as would be the use of force aboard
the plane.
In the fourth place, the police pres-
ence was imder divided authority and
direction, most of the Federal agents
being imder the Bureau of C^istoms. at
times perhaps two imder the FBI, and
others under the authority of the city
police force — all with no clear responsi-
bility to any coordinating head.
The matter of coordination of activity
and assignment of paramount responsi-
bility and authority for police activity is,
in my opinion, the major concern to
which legislation should be addressed,
and that is what my bUl addresses.
THE SOLUTION OTTERED
This bUl would not change the delinea-
tion of the authority to the Federal Avla-
January 11, 1973
tion Administration respecting screening
of passengers in air transportation. Tbt
broad, general framework contained in
49 U.S.C.— 1421(a) (6) is adequate and
preferable to a more detailed statutory
directive. TTiat section states that—
The Administrator Is empowered and it
shall be his duty to promote safety of flight
of civil aircraft In air commerce by prescrib-
ing . . . Such reasonable rules and reg\ila-
tlons, or minimum standards, governing
other practices, methods, and procedure, aa
the Administrator may find necessary to pro-
vide adequately for national security and
safety In air commerce.
The Administrator has put into effect
rules requiring carriers, as a conditicm
of carriage, to require that passengers
and property intended to be carried in
the aircraft cabin in air transportation
be screened by weapon-detecting devices,
just as is required in section 203 of S. 39'.
What is lacking is neither statutory au-
thority nor administrative will to ac-
complish these objectives but rather a
police presence with both the expertise
and the manpower to aid in the detec-
tion of the hijacker, to frustrate his
plans, and to arrest him.
UNDrRLYING POLICY MATTERS
We should be most reluctant to create
a new Federal police authority within
the Federal Aviation Administration.
Such would necessitate authorization of
police functions, newly established and
specifically stated, such as detention,
search, arrest, and inspection of prop-
erty, and the question would be raised as
to whether or not there is a congressional
intent to extend search and seizm-e pro-
visions further toward their constitu-
tional limits than they are now extended
in existing law.
Of course, it must be imderstood that
our constitutional ban on unreasonable
search and seizure does not arise from
the English sporting spirit that gives the
fox a chance but rather from a just
reluctance to treat every poor dog as if
he were a predator.
Fourth amendment concepts arise
from deep feelings based upon very real
American experiences, and they are not
to be taken llghtiy. As was pointed out
in Stanford v. Texas. 379 U.S. 476, the
American experience with the "general
warrant" during the colonial period made
indiscriminate searches of persons and
places abhorrent to the framers of the
Constitution.
It is true that under Adams, Warden
V. Waiiams. 407 U.S. 143, the police may
find reasonable grounds to forcibly stop
and engage in protective seizure of a
weapon based upon information from the
Informant. Thus, if the FBI were given
police authority and If information were
obtained by the airUne company that
weapons or explosives were likely to be
found on the person or In the luggage of
a passenger, the FBI could act upon this
information. This would obviate the
necessity of granting some special au-
thority to a governmental agency to
search persons and luggage In ctmnec-
tion with air travel.
Granting such special authority raises
certain constitutional risks. As is pointed
out In "Airport Security Searches and
the Fourth Amendment," 71 Columbia
Law Review 1039, 1041:
I
January 11, 1973
CONGRESSIONAL RECORD — HOUSE
847
The fourth amendment does not address
Itself to searches by private parties.
Its impact is upon governmental agen-
cies. Burdeau v. McDowell, 256 U.S. 465,
475. Thus, I believe it more prudent to
follow the course of relying upon FBI
general authority, under established con-
stitutional limitations, to engage in
police activities and merely to denomi-
nate the FBI as the Federal police pres-
ence at airports to prevent air hijacking.
The text of the bill follows:
H.R. 1800
A bill to create an air transportation secu-
rity program
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled.
Section 1. This Act may be cited as the
"Air Transportation Security Act of 1973."
Sec. 2. The Congress hereby finds and de-
clares that —
(1) The United States air transportation
system continues to be vulnerable to violence
and air piracy because of inadequate security
and a continuing failure to properly identify
and arrest persons attempting to violate
Federal law relating to crimes against air
transportation; and
(2) The tJnited States Government has
the primary responsibUlty to guarantee and
Insure safety to the millions of passengers
who use air transportation and intrastate
air transportation and to enforce the laws
of the United States relating to air trans-
portation secvirity.
Sec. 3. (a) Consistent with the Federal
Aviation Administration's general authority
and duty to provide rules and regulations
necessary to provide adequately for safety In
air commerce, the Director of the Federal
Bureau of Investigation shall have the re-
^jonsibillty to establish, maintain and di-
rect a coordinated national police effort to
curb acts of aircraft piracy and destruction
of aircraft or aircraft faculties.
(b) Programs necessary to carry out such
police effort shall be promulgated after con-
suiution with the Administrator, and the
Administration and the Bureau shall coop-
erate in a fully coordinated effort to curb
such acts of aircraft piracy and destruction
of aircraft and aircraft faculties.
(c) The Director shall establish and main-
tain an air transportation security force,
composed of agents of the Bureau, of suffi-
cient size to provide a federal law enforce-
ment presence and capabUlty adequate to
Insure the safety from criminal violence and
air piracy of persons traveling in air trans-
portation or Intrastate air transportation.
(d) The Administrator shaU submit semi-
annual reports to Congress advising the
Congress of any rules and regulations, or
minimum standards, inaugurated under its
authority to provide adequately for national
security and safety in air commerce relating
to aircraft piracy and destruction of aircraft
or aircraft faculties and shall include In
such report an analysis and ^pralsal of
the effectiveness of the program instituted
under such rules and regmatlons or minimum
standards. The Director shaU likewise report
to the Congress seml-armuaUy on the nature
and effectiveness of the programs it may
place Jpto effect under the authority of Sec-
tion 3(b) hereof. The Administrator and
the Director shall Jointly prepare and ahaU
Include with their reports a description and
appraisal of the method used in coordinat-
liig their efforts to achieve the purposes of
this Act. The Administrator and the Director
shall coordinate their efforts In malting such
nporta and shall include them under one
cover, and aU of the reports may be con-
solidated in a single Instrument signed by
the Administrator and the Director.
Sec. 4. (a) "Bureau' means Federal Bureau
Of Investigation.
(b) "Director" means Director of the Fed-
eral Bureau of Investigation.
(c) "Administration" means the Federal
Aviation Administration.
(d) "Administrator" means the Adminis-
trator of the Federal Aviation Administra-
tion.
Sec. 6. To establish, administer, and main-
tain the air transportation security program
provided in section 3 of this Act, there Is
hereby authorized to be appropriated for
fiscal year 1974 the sum of $35.(X)0,0(X), and
for each succeeding fiscal year such amoimts
not to exceed $35,(X)0,000, as are necessary
to carry out the purpose of such section.
RESOLUTIONS FROM COMMITTEE
ON HOUSE ADMINISTRATION
(Mr. McFALL asked and was given
permission to address the House for 1
minute.)
Mr. McFALL. Mr. Speaker, with fur-
ther reference to the question asked me
by the gentleman from Iowa (Mr. Gross)
concerning the content of resolutions
from the Committee on House Adminis-
tration as to whether they will be ready
on Monday. First, we are uncertain that
they will be ready on Monday, because
of certain members of the Committee on
House Administration being out of town
and, second, if they are ready they will be
money resolutions to pay employees of
committees who are working at the pres-
ent time but who are not technically
members of the committee staff because
the committees have not yet been
formed. The resolutions would be for
that purpose only.
PROPERTY TAX RELIEF FOR THE
LOW-INCOME ELDERLY
The SPEAKER. Under a previous or-
der of the House, the genUeman from
Wisconsin (Mr. Reuss) is recognized for
30 minutes.
Mr. REUSS. Mr. Speaker, I introduce
today for appropriate reference HJl.
1862, the Property Tax Relief Act of 1973.
Representatives John Brademas of In-
diana, Donald M. Fraser of Minnesota,
and Henry B. Gonzalez of Texas are
cosponsors of the bill.
Low-income elderly are probably the
hardest hit in the Nation by Inflation and
rising taxes. The homes they live In were
purchased many years ago, when prop-
erty taxes were low and job income was
coming in regularly. But now they are
retired on small, fixed incomes, supple-
mented Inadequately if at all by social
security payments, while property taxes
and living expenses have risen dras-
tically, especially in urban areas. The
result is excessive taxes, often as much
as one-third of total income.
Yet, moving away from a heavily taxed
home is not always a feasible solution.
There is often a sentimental attachment
to the old familiar property. The task
of moving is a burdensome one for the
elderly. And at the present time decent
yet inexpensive housing Is often simply
not available.
To meet this problem, H.R. 1862 pro-
vides property tax relief to those over 62
with a total yearly Income of $5,000 or
less. The relief extends to elderly renters
as well as homeowners — It Is assumed
that 25 percent of rent payments are in
effect for property taxes.
Normally, the relief comes as a credit
against Federal income tax. But for those
eligible persons whose income is so low
that they owe less income tax than the
amoimt of relief due to them, a direct
cash refund is substituted for the credit.
The refund or credit is intended to off-
set only that portion of the property tax
that is well in excess of what can be con-
sidered a fair burden. It works like this:
Property taxes are considered un-
usually high if they exceed a certain per-
centage of household income. This per-
centage increases as household income
increases. After determining the amount
of the tax which is excessive, 75 percent
of this amount is credited or refunded.
To insure that only truly needy persons
receive relief, applicants must list all
forms of money income, including non-
taxable income such as social security,
veteran's disability benefits, public as-
sistance payments, and railroad retire-
ment benefits. In addition, the bUl limits
the amount of property taxes that can be
used in computing relief to $500. Thus, if
a householder has property tax payments
of $600 he can only use $500 of that in
computing his refund or credit.
As one might expect, the upshot of all
this is a rather complicated formiUa. For
those who are curious, the formula is in
section 1603 of the bill. The following
table lists the size of the credit or refund
which is available In some representative
cases:
Total hoiLse- Creditor
Property tax hold income refund
$100. »1.000 •TS.OO
•300 1,000 225.00
♦500 1.000 376.00
$100 2,000 18.76
$300 2,000 168.76
$500 2,000 318.76
$100 3.000 0.00
$300 3.000 63.75
$500.- 3.000 213.78
$100 4.000 0.00
$300. 4,000 0.00
$500 4.000 108.75
A maximum revenue cost to the Fed-
eral Government of $250 million a year
is estimated.
Because the bill is closely modeled on
Wisconsin's Homestead Relief Act, a brief
look at Wisconsin's experience with the
law may be helpful.
Enacted in 1964 and liberalized in 1966.
1968, and 1971. the Wisconsin law was
the first State "circuit breaker" for
property taxes. In fiscal 1972, Wisconsin
provided tax relief of $10 million to
79,000 low-income elderly families — 15
percent of them renters rather than
homeowners — an average payment of
about $127. The cost per capita to
Wisconsin inhabitants was only $1.53.
Very few of those eligible had incomes
high enough to make them subject to
the State income tax, so that 98.8 per-
cent of the relief was in the form of a
direct cash refimd.
In addition to relieving the elderly of
the burden of excessive property taxes,
the law has had important side effects.
It has reduced the tendency of local
property taxes to force those with less
money to pay a higher proportion of
their income for taxes. The law has also
had a beneficial effect on Income dlstribu-
848
CONGRESSIONAL RECORD— HOUSE
January 11, 1973
tion, since it in effect transfers income
from the general taxpaying population
to those who are very poor.
The Wisconsin experiment has been
so successful that the Advisory Commis-
sion on Intergovernmental Relations has
recommended that all States follow Wis-
consin's lead. Thirteen States have done
so. But there is no need to wait for State
legislatures to act. We can make this
relief available now by using the Federal
income tax system.
VINCENT MICHAEL CARTER
The SPEAKER. Under a previous
order of the House, the gentleman from
Wyoming (Mr. Roncalio) is recognized
for 5 minutes.
Mr. RONCALIO of Wyoming. Mr.
Speaker, I rise to pay tribute to a former
Member of this body, the late Vincent
Michael Carter, who represented the
State of Wyoming in the 71st. 72d, and
73d Congresses.
Mr. Carter, whose funeral was con-
ducted on January 2, 1973. in Albuquer-
que. N. Mex., had a distinguished career
of public service to his State and Nation.
He was bom on November 6, 1891,
in St. Clair, Pa. He moved with his par-
ents in 1893 to Pottsville, Pa. and at-
tended public and high school there.
He also attended the U.S. Naval Acad-
emy Preparatory School in Annapolis.
He studied at Fordham University and
in 1915 received a degree in law from
Catholic University in Washington, D.C.
Four years later, in 1919. he was ad-
mitted to the practice of law in Wyo-
ming, beginning in Casper. He moved in
1929 to Kemmerer, Wyo., continmng the
practice of law.
During World War I. he served as a
lieutenant in the Marine Corps in the
Eighth Regiment, Third Brigade. He
was a captain in the Wyoming State
Militia from 1919 to 1921.
Mr. Carter served sis deputy attorney
general of the State of Wyoming from
1919 to 1923 and as State auditor from
1923 to 1929.
He was elected to the U.S. House of
Representatives in 1928, serving in three
consecutive Congresses. He was the
unsuccessful Republican nominee for the
U.S. Senate in 1934.
He then resumed his law practice in
Cheyenne and retired in 1965.
Mr. Carter was a devoted member of
the Republican Party who, in addition
to his public office, also was a delegate
to the national conventions of the
Republican Party in 1936 and 1940. He
spent the last 6 years of his life in re-
tirement in Albuquerque.
LEGISLATION TO SAVE EASTERN
WILDERNESS
The SPEAKER. Under a previous order
of the House, the gentleman from
Pennsylvania tMr. Saylor) is recognized
for 15 minutes.
Mr. SAYLOR. Mr. Speaker, over 16
years ago, on June 11, 1956, 1 introduced
the first wilderness bill In the House of
Representatives. The purpose of that bill
wtis to assure the American people that
we would protect, as one element of our
land use system, "an enduring resource of
wilderness."
Eight years later, it was my pleasure
to stand beside the President when the
Wilderness Act was signed into law on
September 3, 1964. Our original purpose
had been achieved: We had laid the
foundations for a national wilderness
preservation program.
Today, it is my pleasiue to introduce
another wilderness bUl, in company with
my distinguished colleague and friend
from Florida, the Honorable James A.
Haley. Ours is a bill to further the pur-
poses of the WUdemess Act; it builds
directly on the foimdations Congress laid
down long ago. By designating 28 new
wilderness areas In the East, the South,
and the Midwest, this proposal will bring
the benefits of wilderness closer to home
for the large part of our population con-
centrated in these regions.
OUR WILDERNESS PRESERVATION POLICY
The purpose of the original Wilderness
Act of 1964 was to establish a national
policy and to lay the foundation for a
practical program to preserve areas of
wilderness. That act established the na-
tional wilderness preservation system, to
be comprised of areas designated for
preservation as wilderness by the Con-
gress. That initial act began such a pro-
grsim by designating 9.1 million acres of
wilderness in 54 units reaching from
California and Colorado to New Hamp-
shire and North Carolina. It also out-
lined a process for studying additional
areas for later addition to the wilderness
system, and specified the areas to be
studied.
Since 1964, we have been engaged pri-
marily in implementing this wilderness
review program by carrying out these re-
quired studies. After some initial delays,
that process has worked well and is on
schedule. The agencies of the executive
branch are continuing to submit their
wilderness proposals to the Congress.
The Congress, too, began somewhat
slowly in considering these new wilder-
ness proposals with the first bills not be-
ing passed until 1968, just 4 years ago.
There were obstacles along the way, but
today we find that earlier policy problems
are being resolved, and earlier hin-
drances are being cleared away. While I
am not entirely happy with the progress
to date, I am confldentl}' looking forward
to an acceleration of the wilderness re-
view process in the Congress.
In order to stimulate an accelerated
consideration of wilderness proposals, I
will introduce a series of bills embodying
all current wilderness proposals, both
from the executive branch of the Gov-
ernment and from citizen groups.
Mr. Speaker, even as we accelerate and
complete the study and designation of
areas mandated for review by the Wilder-
ness Act, we must not fail to recognize
the uigent need to extend the wilderness
program beyond those first foundations
we established in the 1964 act.
WILDERNESS IN THB EASTERN UNITED STATES
Increasingly in the past year, atten-
tion has focused on the importance of
providing wilderness areas for the east-
em half of the United States. Although
the question has assimied a special ur-
gency, it is not new. Early efforts by citi-
zen groups in West Virginia, Alabama,
and elsewhere have coalesced into a re-
gionwlde movement to preserve the wil-
I
demess in the East, the South, and the
Midwest.
Nothing could be more encouraging to
me than this growing interest in wilder-
ness in the East. In taking up this ques-
tion, we are broadening our efforts. We
are not turning away from continuing
wilderness action needs In the West and
in Alaska. Addltionaly, we are also re-
dressing an imbalance.
When we passed the Wilderness Act,
we gave statutory protection to lands in
our national forests which had previously
been classified as wilderness, protected
by administrative regulations. Because
most of those administratively estab-
lished wilderness areas had been in the
West, the original statutory units of the
national wilderness preservation system
were concentrated in the West. But there
is wilderness in the eastern half of the
United States, too. And make no mistake
about it, this eastern wilderness has its
proper place within the protective frame-
work of our national wilderness pres-
ervation system.
Of course, the wilderness review pro-
gram did not ignore the eastern half
of the country. Of the 54 original na-
tional forest wilderness areas designated
by the 1964 act, three were in the East,
as well as the boimdary waters canoe
area in Minnesota.
Since 1964, as the review process has
brought wilderness proposals to the Con-
gress, and as these have been enacted,
we have designated new eastern wilder-
ness areas. The first was the Great
Swamp Wilderness in New Jersey. We
have since added the Wichita Moimtains
WUdemess in Oklahoma, the Moosehom
Wilderness in Maine, a number of im-
portant wilderness islands in Florida,
and the Seney Wilderness in northern^
Michigan, among others.
These are diverse areas. Some of the
areas had once felt the disturbances and
impacts of man's works, including some
logging, roads and human occupation.
Nonetheless, those impacts had passed.
Natural forces had restored the land and
its community of life, so that each was
an area which "generally appears to have
been affected primarily by the forces of
nature, with the imprint of man's work
substantially unnoticeable," to quote
from the practical definition of "wilder-
ness" found in section 2(c) of the Wil-
derness Act.
These areas have been our start on
wilderness in the East. There are other
areas in our eastern national parks, our
national wildlife refuges and our eastern
national forests which are similarly suit-
able for designation as wilderness. We
need to get on with the job of iden-
tifying these areas and moving them
through the Congress for inclusion in the
national wilderness preservation system.
MISINTERPRETING THB WILDER ^n:SS ACT
This is the course we should pursue
in a practical program to extend wilder-
ness protection to suitable lands in the
eastern half of the coimtry. But some
people would have us believe this prac-
tical course cannot be followed. We must
start from scratch, they suggest, con-
sidering whole new alternative policies
and mechanisms. They say— we can-
not apply the Wilderness Act, or they
tell us. It will not work in the East.
Jamiary 11, 1973
CONGRESSIONAL RECORD — HOUSE
849
This curious idea stems from the faulty
nremise that, for some reason, no lands
to the eastern half of the country can
nuaiify to be designated as wilderness,
necause such lands have felt the impact
of past human disturbance, this argu-
ment goes, they are not suitable to be
wilderness, and they never can be
Mr Speaker, it is difficult to see how
this peculiar misinterpretation of the
WUdemess Act arose. It certainly has
no basis in the WUdemess Act. I can say
that with every assurance. Nor does it
come from the Congress, whlcn has been
applytog the WUdemess Act to eastern
lands including once-disturbed lands,
since September 3, 1964. Nor does this
"no wUderness in the east" idea come
from the administration. The President
is behind the WUdemess Act, and he has
been all along as a matter of priority.
Many fine eastern wUderness areas have
been recommended to the Congress by
the President, including lands within the
Shenandoah National Park wUdemess
close by Washington and famUiar to
many of my coUeagues. The President's
proposal for that area acknowledges that
the lands were once subject to disturb-
ance, including settlement and logging,
but finds that natural influences have led
to a degree of restoration aUowing it to
qualify under the WUdemess Act.
Despite aU this — the act itself, the
precedents set by the kinds of areas Con-
gress designated in the act, and the posi-
tion of the admirUstration — some people
continue to suggest that the WUdemess
Act wiU not work for the East. The act,
they teU us, is too narrow, too rigid, and
too pure in its qualifying standards.
Very frankly, those who take this posi-
tion are wrong.
I fought too long and too hard, and too
many good people in this House and
across this land fought with me, to see
the WUdemess Act denied appUcation
over an entire half of the country by this
kind of obtuse or hostUe misinterpreta-
tion or misconstruction of the public law
and the intent of the Congress of the
United States.
I wUl not go into this question much
further here. Those who wish to pursue
this misinterpretation of the WUderness
Act wUl find me a most Uiterested lis-
tener and questioner at committee hear-
ings on this and other wUdemess bUls.
We shaU get to the bottom of any re-
maining, unresolved problems or ques-
tions about the act's applicability in .ses-
sions before the Interior and Instdar Af-
fairs Committee.
Mr. Speaker, I am the author of the
WUderness Act in this House. I know
very weU what it says and what it in-
tended, and I know how it was intended
to be applied in a practical program. It
comes as no surprise to me that some
people oppose the wUdemess program. I
have spent more than 25 years of my life
doing battle with those people, and I
have been winning right along. If they
want to come before me with a lot of
hokum about "purity" and "dUutlng the
high standards of the WUdemess Act"
and so forth, they are welcome to do so,
but I ask them to come with their eyes
opened and prepared for battle.
EASTERN NATIONAL FOREST WILDERNESS
Mr. Speaker, I have recently seen a
very interesting official document of the
U.S. Forest Service, signed by two re-
gional foresters.
This document is a proposal that the
Forest Service take the lead in promoting
a new, aJtemative mechanism for pre-
serving lands in the eastern national
forests. The authors say that the WU-
demess Act is no good. To quote:
The criteria for adding wUderness to the
National WUderness Preservation System do
not fit conditions in the South and East.
Through they have made no systematic
study and held no public hearings about
wUdemess in the East, they have the
audacity to report —
We are persistently reminded that there
are simply no suitable remaining candidate
areas for WUderness classification In this part
of the National Forest System.
This is an mtrigtiing document, for it
makes a lot of strong assertions about
what is or is not wUderness. The docu-
ment is apparently designed to be a policy
statement of the U.S. Forest Service.
Just in recent days, I have learned of
efforts by local Forest Service officials in
several States, including Illinois and
Missouri, to dnmi up pubUc support for
proposed alternative legislative based on
the thinking in this particiUar document.
I sUicerely hope that this Une of
thinking does not permeate the Forest
Service. I continue to hope that these
anti- WUderness Act statements are not
the current official position of the agency
and its new chief. It is a matter I wiU
be looking into very closely in this
Congress.
Let me simply state — those of us who
fought for the WUdemess Act, fought to
obtain statutory protection for these im-
portant areas. We battled speciflcaUy to
put Congress in the driver's seat in wU-
demess decisionmaking. Whether £in area
is suitable and qualified as wUdemess or
is not, is a matter to be decided by the
Congress, and by the Committee on In-
terior and Insular Affairs and its coun-
terpart in the Senate — and not by the
Forest Service.
If the U.S. Forest Service or its
officials attempt to subvert the WUder-
ness Act and the national wUderness
preservation system, or usurp the powers
of the U.S. Congress m this field, they had
best be prepared for a monumental
struggle with this House.
EASTERN WILDERNESS AREAS ACT
The bUl which Representative Haley
and I are introducing today is being in-
troduced simultaneously, in substan-
tially the same form, in the other body-
by Senator Henry M. Jackson of Wash-
ington and Senator Jambs L. Buckley of
New York. These bills enjoy great pubUc
support, not just in the Eastern States,
but throughout the country. These pro-
posals are the positive answer to those
who would have us believe there \s no
wUdemess in the East.
The bill we have introduced proposes
the designation as wUdemess, 28 new
areas, each within a national forest in
the East, the South, and the Midwest.
Sixteen States are represented, and the
areas total 471,186 acres. Most of the
proposals — the first 16 listed in the bUl—
result from thorough field studies and
careful planning by local citizen groups.
These conservationists, having found the
Forest Service unwtUing to help obtain
the protection of the WUderness Act for
their areas, have brought their proposals
directly to the Congress. The other pro-
posals— the last 12 listed in the biU — are
derived from a listing by the Forest Serv-
ice of areas they propose for alternative
forms of protection. In doing so, they
have asserted that none of these areas
are qualified as wUdemess under the pro-
visions of the WUdemess Act.
Now this is an interesting assertion,
because in most cases it cannot be
backed up by fact. We have only one way
of deciding what does or does not quaUfy
as wilderness, and that is through the
Congress of the United States and its In-
terior Committees. So we have Included
these proposals in our bUl. and we look
forward to learning just why the Forest
Service has concluded, without real
studies and without any public hearings,
and without consulting the Congress,
that these areas do not qualify as wilder-
ness.
At the time hearings al-e held on this
biU, we wiU go into each of these pro-
posals in minute detaU. We wiU hear
from the Forest Service, but I think we
should also hear from sources more wUl -
ing to take a positive approach to the
opportunities presented with the exist-
ence of the WUdemess Act. Therefore,
I am issuing an invitation and an appeal
to citizens and conservation groups
across the Eastern States.
I urge them to study these and other
eastern national forest areas, to go over
maps and air photographs of the lands,
to research their values and wUdemess
characteristics, to seek any studies, re-
ports or other information from local
Forest Service officials, and to prepare
themselves to teU the House Interior and
Insular Affairs Committee, their own
opinions about the wilderness suitabil-
ity of each of these areas. In particu-
lar, I urge them to look at the boimd-
aries, and especially of the latter 12
areas, to see where expansion may be
desirable. I say to them, bring in your
own maps, proposing your own boimd-
aries. We in the Congress want to
make informed decisions on these areas,
and we prefer our information not to be
clouded by imwarranted presuppositions
which have no basis in the fundamen-
tal law about how little the Wilderness
Act can do.
AN ENDURING RESOURCE OT WILDERNESS
Mr. Speaker, when I first introduced
the original wUdemess bUl in 1956, I
spoke of the importance of wilderness
and the real needs we have as a people
to save such areas.
We need wilderness. I said then, for
the wholesome primitive recreational
opportunities it affords so many of our
people, that is, places where you can
camp beyond the roar of traffic, hike
without dodging automobiles, fish with-
out hooking a buddy, or himt without
being afraid of being shot, are getting
harder and harder to find. And as these
privUeges become less plentiful, we sud-
denly realize that we want them very
much
We need wilderness, I said then, for
another reason: The stress and strain
550
5f our crowded, fast-moving, highly
nechanlzed and raucously noisy civili-
sation create another great need for
wilderness — a deep need for areas of
iolltude and quiet, for areas of wilder-
less where life has not yet given way
o machinery.
And, I said then, we need wilderness
or a yet more fundamental, more pro-
oimd purpose, for in the wilderness we
;an get our bearings. We can keep from
retting blinded In our great human suc-
:ess to the fact that we are part of the
ife of this planet, and we would do
veil to keep our perspectives and keep
n touch with some of the basic facts of
ife.
The Wilderness Act emerged from the
deep feeling of milUons of Americans
'irho rallied to save America's wilder-
1 less. Today, in this bill, we take another
I tep In fulfilling this need, and in se-
curing an enduring resource of wilder-
ness for those who will follow In our
I tathways, needing it tOl the more.
1
CONGRESSIONAL RECORD — HOUSE
January ll, 197$
■BREAD TAX" SHOULD BE
TERMINATED
The SPEAKER. Under a previous or-
der of the House, the gentleman from
Illinois (Mr. Findley) is recognized for
i minutes.
Mr. FINDLEY. Mr. Speaker, abolition
df the 75-cent-per-bushel certificate tax
c n wheat used for food should be an ob-
j ictive of high priority for the new Con-
fress. This "bread tax" shoiUd be ter-
iiinated July 1. Under present law, it
4ill continue until July 1, 1974.
This tax adds about 2 cents to the cost
df a pound of flour. As a consequence, It
1 icreases the cost of a one-pound loaf of
qread by almost 2 cents.
I am today introducing a bill to abolish
t^ burdensome and unjust tax on July
I present this pro()osal to my col-
leagues as an opportiinlty to respond In
constructive way to the appeals we have
ajll had from consumers concerned about
fpod prices.
By abolishing this bread tax, we will
substantially cut the cost of what is
\pritably the staff of life.
Ironically, the tax applies only on
^heat for food uses — like bread and
four — and not on wheat for feed. Pigs
and poultry get a better tax break on
tpelr food than poor people.
Enactment of my bill wUl not affect
\4heat payments to farmers in any way.
I will only mean that all money for this
p irpose will come from general revenues
' the Treasury. Under present law, 90
percent of the funds for farm ptiyments
ome from general revenue, and 10 per-
cent from the bread tax.
It is impossible to conceive a valid
at-gument for financing even 10 percent
by this regressive and unjust means.
Some may suggest that this action
aWait congressional action on general
hgislation to follow the expiration of
t] le Agriculture Act of 1970. My answer
Is that injustice should be eliminated
a i quickly as possible. A delay will mean
$400 million burden on those least able
U 1 pay for their daily bread.
By a country mile, the bread tax Is the
h javlest, most excessive and most regres-
s;ve of all Federal excise taxes. It hits
hardest the lowest income people who
have the least ability to pay. It has fre-
quently— and accurately — been described
as a tax on poor people, and last year It
amounted to over 50 percent of the
market value of wheat.
Of all Federal excise taxes, I know of
none that even approaches 50 percent of
the commodity value.
The bread tax seems totally out of
place in the President's anti-poverty
program. Indeed, it has aU the earmarks
of an anti-anti-poverty program. "The
cost of this tax is, of coiu"se, passed on to
consimiers. Department of Agriculture
statistics show clearly that wheat fiour
consiimption goes up sharply as family
income goes down, dramatically illus-
trating the reglressive nature of this tax.
HOME USE OF WHE4T PRODUCTS PER PERSON PER WEEK
[In pounds)
Annual Income per fa
*u!y
Southern
United
States
U.S. average
UnderJZ.OOO, ..
J2.000toJ2.999.
M,00OtoJ3.999.
J4.000 to $4,999.
$5,000 to $5,999.
$6,000 to $7,999.
$8,000 to $9,999.
4.44
3.83
3.68
3.15
3.41
2.84
3.29
2.59
3.11
2.58
2.90
2.46
2. 56
2.29
Spent
for wheat
Annual Income products
per family: PcTcent
Under $2,000 6.6
$2,000 to $2,999 6.9
$3,000 to $3.999--' 6.8
$4,000 to $4,999 6.3
85,000 to $5,999 6.1
$6,000 to $7,999 4.8
$8,000 to $9.999 4.6
In addition, the wheatgrower Is ac-
tually being hurt by the present added
costs since wheat food consumption is
losing to other products not subject to the
certificate tax.
It is about time we took this step to
help the consumer — and at the same time
help the wheatgrower. I caU upon all my
colleagues with both urban and rural
orientation to support this worthy legis-
lation.
This action would remove an Indefen-
sible anomaly — the excise ta: on automo-
biles, including the most expensive lux-
ury limousines, was recently removed by
Congress. But the bread tax remains.
I hope the President will support this
proposal to abolish excise tax on wheat
for food. Farmers, consumers, and tax-
payers alike will welcome this action.
It will be a special blessing to poor people.
SCIENCE POLICY AND THE
NATION'S FUTURE
The SPEAKER. Under a previous or-
der of the House, the gentleman from
California (Mr. Bxll) Is recognized for
5 minutes.
Mr. BELL. Mr. Speaker, I rise today In
support of the National Science Policy
and Priorities Act of 1973, which I In-
troduced as HJl. 32 Into the House of
Representatives on January 3. This
marks the third session of Congress In
which legislation to covert our Nation's
technology to address our domestic
priorities has been introduced. The 92d
Congress saw the Senate pass similar
legislation— this must be the session in
which it is at long last enacted.
Fqr too long we have directed many
of the best minds in the Nation tode-
velop weapons of war, while neglectlne
the problems of peace. ^^
For too long we have considered the
massive unemployment of our scientlsta
and engineers caused by fluctuating
Federal budgets to be unchangeable aM
irremediable.
For too long we have been forced to
fund huge projects of limited practical
value merely for fear of the unemploy-
ment which would result from cancella-
tion.
We as a nation carmot afford to let
America's technical and scientific ex-
pertise lie fallow, to force our scientists
and engineers to leave their professions
and to discourage today's students from
entering sclentlflc careers. The Govern-
ment's thoughtless and callous lack of
planning has created the crisis we have
today. It is now the Federal Govern-
ment's responsibility to direct our sclen-
tlflc expertise and manpower into useful
productive, and responsible channels.
American society has always been
technologically oriented. Yet the tech-
nological advances which have done the
most for the United States and in which
Americans take the greatest pride are
not the Gattllng gun nor the "smart"
bomb; they are Innovations which have
improved the quality of our lives, such
as the telephone and the automobile. We
need a strong defense, certainly, but we
need more than security if America is
to continue to offer a life worthy of her
heritage.
The bill I have Introduced Is designed
to encourage the innovation of technolo-
gies addressed to the quality of our
everyday lives. Projects would be funded
for research and development in such
areas as health care, transportation,
housing, nutrition, education, public
safety, and communications. And because
American society is so technological, we
must continue development of new
methods to control the disadvantages
from the effects of existing technologies:
the pollution of our air and water; the
depletion of our energy resources; and
the disintegration of our urban centers.
The need is seemingly Infinite. If we
can successfully accomplish this con-
version of our technological resources,
we will free ourselves of the patterns of
thought which foster inaction in the
change of the Nation's priorities, and we
will free ourselves of the terrible waste
of technological unemployment. There
reaUy can be no "if" about the enact-
ment of this measure or its equivalent.
The Congress must pass legislation, and
pass It soon. If we are to build both a
healthier society and a soimd economy
based on the productive utilization of
our sclentlflc and technological resources.
Briefly, the National Science Policy
and Priorities Act of 1973 creates a new
agency, the Civil Science Systems Ad-
ministration, within the National Science
Foundation. The CSSA will perform re-
search, design, testing, evaluation, and
demonstration of civil science systems
capable of providing improved public
January 11, 1973
services In areas of direct benefit to all
our citizens here and now. The program
^ be carried out through contracts
and grants to industry, universities, non-
profit organizations and other agencies,
and it is identical to the program out-
lined in the bill passed by the Senate last
year and very similar to the modifica-
tions to H.R. 34 I proposed in 1971. The
current bill authorizes $870 million to
fund these projects over the next 3 years.
HJl. 32 differs from S. 32 as passed
by the Senate chiefiy in its provisions to
protect the basic research mission of the
National Science Foundation. Testimony
at hearings held last fall indicated seri-
ous concern that the new program would
engiilf the NSF as we know it today. Ac-
cordingly, H.R. 32 sets up two parallel
administrations within the NSF — the
CSSA to adnfiinister the applied science
functions authorized by this bill, and the
Science, Research and Education Admin-
istration to administer the NSP's pure
science functions. Both the CSSA and
the SREA are headed by Deputy Direc-
tors of the NSF, and the Director of the
NSF continues to have overall adminis-
trative responsibility. A key provision of
YLR. 32 prohibits the transfer of fvmds
from SREA programs to CSSA programs,
and guarantees that the SREA shall re-
ceive at least 40 percent of the NSF's
total budget. I am certain that these pro-
visions will maintain the essential basic
research conducted and supported by the
National Science Foimdatlon, while en-
abling that agency's expertise to be used
in the Implementation of civilian science
systems research.
Other titles in the bill provide for a
definition of national science poUcy, and
funds for retraining programs and
much-needed local government hiring of
unemployed technicians. Yet the CSSA
Is the heart of this legislation, and
should become a dramatic focus for ap-
plied science in the 1970's.
Under the leadership of Senator Kxn-
NBDY, the National Science Policy and
Priorities Act received an overwhelming
bipartisan endorsement in the Senate. It
deserves the support of every Member
of this House.
CONGRESSIONAL RECORD — HOUSE
851
BILLS INTRODUCED
The SPEAKER. Under a previous order
of the House, the gentleman from Illi-
nois (Mr. Crani) is recognized for 5
minutes.
Mr. CRANE. Mr. Speaker, as we be-
gin the 93d Congress with many high
hopes, I am reintroducing a number of
bills which, I believe, will go a long way
toward solving some of our major domes-
tic concerns.
The five measures Include :
A biU to provide mandatory life Im-
prisonment sentences for persons con-
victec for the second time of illegally
distributing narcotic and other "hard"
drugs.
A b^ to permit taxpayers to deduct
costs of his or her families' education at
institutions of higher learning, trade
schools or vocational schools.
A bill to remove restrictions against
the private carriage of first-class mall.
A bill to restore to American citizens
the right to buy, seU. and hold gold.
The drug and firearm bills, which I
first introduced last spring, both call for
first offense sentences of from 2 to 25
years. Currently, the United States Code
provides for a 1- to 10-year sentence for
the first felony committed with a firearm
and a 2- to 25-year sentence for the sec-
ond offense. Illegal distribution of nar-
cotic and other dangerous drugs cur-
rently calls for imprisonment of up to
15 years or a fine of up to $25,000 for the
first offense and up to 30 years or $50,000
for the second offense.
President Nixon indicated last fall he
supports stlffer punishments for drug
pushers and at that time I promised the
President I would reintroduce my bill
which was not acted upon by the House
Committee on Interstate smd Foreign
Commerce.
An overwhelming percentage of the
constituents of the 12th Congressional
District of Illinois supported stiffer pen-
alties for drug pushers in my 1972 an-
nual questiormaire. Ninety-seven per-
cent of the over- 21 respondents and 86
percent of those under 21 said penalties
should be increased.
In addition, a National Enquirer sur-
vey said more than 90 percent of the
Nation favored life imprisomnent for
second offenders.
The quickest solution to the growing
drug problem is to eliminate the push-
ers, £uid the hest way to achieve that is
to lock them up and provide stiff enough
penalties to discourage other offenders.
I believe a similar approach is needed
to reduce crimes committed with fire-
arms.
Gun control legislation is not the an-
swer. A criminal can get a gim if he
wants one. But if the criminal knows
he faces a long prison term if he is con-
victed, he would be less likely to use a
firearm illegally.
The tax credit bill is aimed at helping
create a diversity in the kind of edu-
cation available to taxpayers. Credits
for education in trade and vocational
schools will be particularly valuable in
encouraging "non-coUege-bound" stu-
dents to further their education in fields
more coinpatible with their talents and
interests.
The bill would provide credits of up
to $1,000 aimually.
I am convinced my post ofllce bill will
result in faster delivery of first class
mail at lower cost.
Various independent postal services
already have proved they can handle the
mall faster than the U.S. Postal Service,
and generally at much less cost. By al-
lowing private industry to compete for
this service, costs undoubtedly will go
down and the annual cries of anguish
heard at Christmas time from the
Postal Service are likely to turn to
shouts of Joy from carriers who welcome
the opportunity to increase their busi-
ness.
My gold bill would repeal the 1934
prohibition against American citizens
holding gold.
THE WAR IN VIETNAM
The SPEAKER. Under a previous order
of the House, the gentleman from Penn-
sylvania (Mr. Heinz) is recognized for
5 minutes.
Mr. HEINZ. Mr. Speaker, I rise to
voice my deep concern about the recent
course of events in Vietnam. I refer to the
bombing, advertent or inadvertent, of
civilian areas, most recently dramatized
by our B-52 attacks north of the 20th
parallel that began December 18. And I
also refer to the continuation of hostili-
ties and the apparent deadlock in the
peace negotiations themselves.
It was my intention to introduce these
remarks on January 3, the day the 93d
Congress convened, but procedures would
not permit. But I am sure the mall of
every Member of Congress reflects, even
now as Mr. Kissinger resumes the Paris
negotiations, the genuine despair and
sense of moral outrage experienced by
so many loyal and patriotic Americans.
I believe the silence of the White House
has served to deepen these already con-
siderable frustrations.
I sincerely hope that the President of
the United States concludes a peace in
Vietnam quickly and successfully, but I
fear deeply for the consequences of fail-
ure or continued delay. I fear that Amer-
icans have had their expectations raised
to new heights by the now-famous Oc-
tober 20 Kissinger "Peace Is at Hand"
communique, and by President Nixon's
election eve statement that only "minor
technical details" remain to be worked
out. only to have their hopes d£ished
and their consciences burdened by what
has been described as the heaviest bomb-
ing campaign ever. The unwarranted
frustration of our country's legitimate
aspirations can only broaden and deepen
people's cjTiiclsm toward Government.
This is a price that our Nation cannot
afford to pay, and I believe that we in
the Congress carmot permit it.
As a Republican, it is my pegssnal uiU
deeply sincere desire to see Pmiafent
Nixon achieve an outstanding record of
accomplishment in his second term. In-
deed, I hope that history can and will
record him as one of the outstanding
Presidents of all time. Today I am con-
cerned that he may lose this opportunity
if peace in Vietnam continues to elude us.
If the war drags tragically on, I fear that
the President will lose the trust and man-
date of the American people, and that he
will lose his credibility as President John-
son before him. And there is the im-
portant difference that Lyndon Johnson
lost the people's confidence during the
last years of his term; for President
Nixon to lose the faith of our Nation at
the outset of his 4 year term would be
destructive beyond comprehension to our
Nation's Interests.
As a Member in the U.S. House of
Representatives, I also believe it is the
CcMigress' constitutional obligation to
determine so fimdamental a question as
that of war or p>eace. I would remind my
colleagues that neither this nor any Con-
gress has declared that a state of war
exists between ourselves and North Viet-
nam, and that the Gulf of Tonkin resolu-
tion was repealed nearly 3 years ago.
But today the fact is that we are engaged
in what nobody doubts is war without
any congressional sanction whatsoever.
We are long overdue in taking a stand
on our Involvement in Vietnam. I believe
we are at the time — more than ever —
when the U.S. Congress should and must
Indicate to oiu" people at home and
abroad to our friends and enemies alike,
the terms on which we wish to achieve
peace In Vietnam.
Without the achievement of peace. I
believe it is the duty of the Congress to
Insist on our Nation's return to the es-
sential provisions of the nine point draft
agreement on October 20 terminating our
involvement in Vietnam, or cut off funds
for all foreign aid to South Vietnam.
I have consistently voted for all re-
sponsible erid-the-war measures, before
the recent peace negotiations which so
raised the hopes of all of us. I will in the
future vote for such legislation to bring
about Ein end to our involvement in
Southeast Asia.
The present situation makes it even
more urgent that I and my colleagues in
the Congress consider and follow this
course of action.
852
CONGRESSIONAL RECORD — HOUSE
INTERNATIONAL TRADE BILL
The SPEAKER. Under a previous or-
der of the House, the gentleman from
Pennsylvania (Mr. Clark) Is recognized
for 10 minutes.
Mr. CLARK. Mr. Speaker, I Introduced
an International trade bill in the last
Congress. However, trade legislation was
set Eiside by the Ways and Means Com-
mittee. The need for legislation of this
nature has only become more acute. We
cannot carry out our responsibility to the
.American economy by further postpone-
ment. The import situation Is not im-
proving. It is destined to get worse.
The fact is that this country has not
been on a competitive footing with the
other industrial countries since their
Eidoption of our technology and mass
aroduction. The plain fact is that the
ow foreign wages hand in hand with
the greatly increased productivity
achieved through advancing technology
tias given them a competitive lead over
Dur producers. This advantage is not
really an earned one. If we should lower
3ur wages to the foreign levels we would
tiave no difficulty In competing. Our dis-
Eidvantage does not artse from relative
Inefficiency.
The great and miraculous increase in
Japanese Industrial output about which
we have heard so much is not difficult
to explain. When these countries in-
stalled modem machinery they displaced
backward equipment. Naturally, their
productivity shot sk>-ward. When we in-
stalled new machinery we replaced what
was- already modem machinery with a
yet more modem variety; but our new
Tiachinery did not give us as much of a
leap in output per man-hour as did the
Japanese and the European because the
macbinery we discarded was itself well
idvanced over its Japanese or other
'oreign counterpart. The foreign manu-
facturers who Installed modem machin-
ery were playing catchup ball, so to
speak. Once they catch up with us their
ise in productivity will become more
moderate.
Our trouble arises from the fact that
loreign producers have kept wages from
■islng In keeping with their rising pro-
ductivity. They have gained a widening
:ompetltive advantage over us. The lag-
ging wage levels, or course, stimulated
;apital formation and business expan-
sion. We have only to look at the trend
of our imports and exports if we seek cor-
roboration of this conclusion.
Such export surpluses as we still en-
joy are confined to a narrow sector of
our economy. In nearly all other manu-
factiires we are in a deficit position. The
outstanding exceptions are machinery,
both electrical and nonelectrical, includ-
ing household electronic equipment, com-
puters and aircraft, and chemicals. In
machinery our export margin has been
narrowing during the past decade. As
foreign manufacture of machinery ad-
vances, our sales will shrink. If we lose
our lead in machinery exports we will be
in a distressful condition indeed. Ex-
ports of wheat, soybeans, com, et cetera,
will not overcome the unemployment in
industry attributable to Imports of
manufactured goods.
We have every reason to expect our
surplus in machinery exports to shrink
as our foreign production Increases and
as other foreign sources will be drawn
upon more and more to equip the new
factories we build abroad; and also as
we replace obsolescent American equip-
ment that we initially Installed abroad
as our foreign Investments expanded. We
cannot hope to continue our machinery
exports at the same optimum level that
we enjoyed when we had a virtual mo-
nopoly of high machine tool technology.
This has now been diffused throughout
the industrial world.
Moreover, foreign producers no longer
suffer from their earlier lack of experi-
ence and competence In this field. Despite
successive warnings over the past few
years we seem to be psychologically in-
capable of grasping the realities of our
relatively weak competitive position in
the world. Yet it stands to reason that
when other industrial countries ap-
proach our level of productivity and in
some instances catch up with us while
their wage levels remain at less than a
half of ours and even much less includ-
ing the so-called fringe benefits, it stands
to reason that under such conditions we
cannot compete successfully in foreign
markets, nor at home with imports. It
would be surprising indeed had we not
been pushed into a deficit position in
world trade.
Mr. Speaker, our actual deficit Is really
much larger than our official statistics
have reflected. First, we tabulate as ex-
ports the goods we sell abroad imder
AID and other programs such as Food for
Peace, and so forth. These exports do
not move because we are competitive.
They move because we pay for them in
whole or in substantial part. Some $2^2
to $3 billion of exports move under these
conditions, consisting mostly of farm
products. Then we tabulate our imports,
not at the actual cost to us at our ports
of entry, but at what we pay for them
ready for shipment at the foreign port.
This reduces our Imports by some 10 per-
cent, as estimated by the U.S. Tarlfif
Commission. Of $50 billion of imports
the undervaluation is therefore some $5
billion.
Added to the exports that sue not real
exports, our deficit reaches a magnitude
of $14 billion In our merchandise ac-
coimt. I should add that nearly all the
other trading nations total up their im-
January ii, 1973
ports on a cost, insurance, and freight
basis. For example, the cost of the goods
plus ocean freight and marine Insurance
I understand that we are about to do
the same thing. If we do, we will learn
that our trade deficit is much worse than
has been reported these past few years
I do not believe that we should raise our
tariflf across the board or even on any
large segment of our Imports. I do say
that we should bring our imports under
control. Control of imports does not mean
an embargo or even a severe cutback.
We need imports. We are not self-
sufficient in all products. We have to im-
port many products that we do not pro-
duce in adequate quantity, if at all. Im-
ports are also desirable as a source of
competition for our own industries. Be-
yond that, consumers are entitled to the
greater choice of goods made possible by
imports.
No one need quarrel with these claims.
We may concede these argimients put
forward by the liberal trade advocates.
At the same time we are right in saying
that imports should be controlled so that
their low- wage advantage cannot be used
to capture too high a share of our market
and at the same time undermine our
wage standard.
We legislated against child labor and
in support of mlnimiam wages over the
past few decades precisely because it was
regarded as desirable that wages, or
rather, wage levels, should not be used
as a weapon of competition. As far back
as the NRA — National Recovery Admin-
istration— we sought to take wages out
of the armory of Intercompany, inter-
regional and interindustry competition.
We did this on the groiind that unscru-
pulous, greedy, or unfair employers
should not gain a march on their com-
petitors by either employing child labor
or cutting wages to lower levels. There-
fore we put a floor imder wages.
Now the free trade advocates wish to
restore wage competition so long as it
comes from abroad. I do not believe that
wage competition is any better if it is of
foreign origin than when it is practised
in this country.
The simplest way to outlaw competi-
tion from unconscionably low foreign
wages is to draw their teeth as a weapon
of competition. While we cannot legis-
late minimum wages for other countries,
we can quarantine ourselves against
wage competition from abroad, just as we
did it on the home front. The method
must necessarily be different.
We can adopt import quotas on prod-
ucts that have already penetrated our
market beyond a certain level. We can
set reasonable limits on any further
penetration and beyond that permit im-
ports to grow in proportion to the in-
crease In consumption In this country
of the product in question. We are under
no obligation to confer on Imports the
right of eminent domain in our market.
We are under no obligation to permit
them to bulldoze our industries out of the
way simply because the producers of the
goods In other countries enjoy a competi-
tive advantage based on the pajTnent of
a level of wages that has long been out-
lawed in this country. We are not called
by International amity or comity among
nations to expose ourselves to the cor-
January 11, 1973
CONGRESSIONAL RECORD — HOUSE
853
rosive effects of a type of competition
that has been put b^ond the pale by
law in this country.
Wage competition from abroad is no
more conducive to a healthy maritet in
this country than such competition was
found to be in this country. We had good
reason for outlawing wage-cutting as a
competitive weapon here. While we can-
not use the same weapon against com-
petition from abroad we can nevertheless
prevent the evil effects of such competi-
tion from being inflicted on us from
abroad.
The legislation that I have introduced
along with other Members of this body
would accomplish this highly desirable
goal in a wholly reasonable but effective
manner.
Mr. MOSS. Mr. Speaker, I have intro-
duced for myself and my friend and
colleague from Michigan, John Ddtgell,
H.R. 10, the National No-Fault Motor
Vehicle Insurance Act.
For many years by letters and com-
plaints from my constituents and other
aggrieved auto owners, I was made aware
that something needed to be done with
regard to automobile insurance in the
United States. It seemed everyone had a
complaint, but there were few proposed
solutions that seemed to be anything
more than a patch on the existing sys-
tem. Accordingly in 1967, in the 90th
Congress, I cosponsored with Senator
Warren G. Magntjson, of Washington,
legislation which was enacted into Public
Law 90-313. This legislation provided for
a 2-year, $2 million study of our Ameri-
can motor vehicle insurance system by
the Secretary of Transportation.
That study produced 23 special reports
and a final report "Motor Vehicle Crash
Losses and Their Compensation in the
United States, a Report to the Congress
and the President, March 1971," which
was transmitted to the Congress by the
Secretary of Transportation on March
18. 1971. The final report set forth the
following summary conclusions:
SuuMAXT Conclusions of Pinal Repobt
1. LIUnTD SCOPE OF THE AtTTO ACCIDENT LIA-
BILITT REPABATIONS SYSTEM
One major shortcoming of the auto acci-
dent liability system stems not from the way
It performs but rather from its Intended
scope of operation, i.e., since only those who
can prove that others were at fault whUe
they were without fault in an accident have
a legal right to recover their losses. Today,
our society need not settle for a reparations
system that deliberately excludes large num-
bers of victims from Its protection or that
gives clearly Inadequate levels of protection
to those who need It most. With only 45
percent of those killed or seriously Injured
in auto accidents benefiting in any way from
the tort liabUity Insurance system and one
out of every ten of such victims receiving
nothing from any system of reparations, the
coverage of the present compensation mech-
anism is seriously deficient.
a. BATIONAL ALLOCATION OF COMPENSATION
RESOURCES
The present tort liabUlty reparations sys-
tem allocates benefits very unevenly among
the limited number of victims that it pur-
ports to serve. The victim with large eco-
nomic losses, who generally also suffers more
■evere intangible losses, has a far poorer
chance of being fully compensated under the
tort system for his economic loss, much less
any Intangible loss, than does the victim
with any minor injuries. As has been seen,
only about half of the total compensable
economic losses of seriously or fataUy in-
jured victims are compensated from any rep-
arations system. For those whose economic
losses were more than $25,000, only about a
third was usuaUy recovered. Those with rela-
tively small economic losses, by contrast,
fared much better; if they recovered from
tort and had losses less than $500, their re-
covery averaged four and a half times actual
economic loss. Despite the popular view that
large settlements for automobile accident
|>ersonal Injuries are common, they are. In
fact, stUl a statistical rarity when viewed in
the context of the entire population and its
losses.
3. COST EinCIENCT OF THE ATTTO ACCIDENT
LIABtUTT REPARATIONS SYSTEM
The automobile accident tort liability in-
surance system would appear to possess the
highly dubious distinction of having prob-
ably the highest cost/benefit ratio of any
major compensation system currently In
operation In this country. As has been shown,
for every dollar of net benefits that It pro-
vides to victims, it consumes about a dollar.
As it presently operates, the system absorbs
vast amounts of resources, primarily In per-
forming the functions of marketing insur-
ance policies and settling claims. The meas-
urable costs of these two functions alone ap-
proach In general magnitude all net benefits
received by auto accident victims through
the tort liability system.
Claims settlement, of course. Is compli-
cated by the adversary nature of the tort lia-
bility system. The possibility of greater effi-
ciency In some areas, such &s sales expense,
has been thwarted by local laws and regula-
tory rules that arbitrarily curb the Introduc-
tion of potentially more economical ap-
proaches, such as group auto insurance.
4. TIMING OF COMFENSATTON BENEFITS
The tort llftbUlty insurance system tends
to deliver benefits without regard to the vic-
tim's need. In some cases paying too late and
in others too soon. Three different investiga-
tions by the Department have demonstrated
that despite commendable efforts by the In-
surance Industry to Introduce "advance" or
partial payment techniques, the system Is
stlU, In the main, quite slow In providing
benefit payments. The system pays most
slowly In cases where the need for timely
payment would appear to be greatest. I.e., in
cases of permanent Impairment and disfig-
urement. Moreover, the system can operate
to dlBcourage early rehabilitative efforts and
places a premium upon their deferment be-
yond the time when they could be most
effective.
5. BKHABmrATION OF ACCIDENT VICTIMS
Closely related to the problem of delay In
the payment of benefits Is that of lost op-
portunities to minimize very large personal
injury losses by the timely use of compre-
hensive rehabilitation programs for seriously
Injured accident victims. A disappointingly
low utilization of rehabilitation by such vic-
tims was revealed in one survey, even when
it was recommended to the victim.
Admittedly, rehabilitation under certain
other loss-shifting regimes, notably work-
men's compensation, has also been disap-
pointing. However, this has been largely due
to the overconcentratlon of these programs
on reducing their own costs, i.e., on returning
the Injured person to work as soon as pos-
sible In order that the compensation system
be able to reduce benefit payments. WhUe
vocational rehabilitation does benefit both
the insurer and the victim, truly effective re-
habilitation must deal with all of the vic-
tim's handicaps. Including not only those
affecting his work performance, but those af-
fecting his non-work activities as weU.
To achieve the maximum potential benefits
from the rehabilitation process, the rela-
tionship between private Insurance benefits
and the various rehabilitation agencies. In-
cluding local, state and national agencies,
must be consciously and explicitly coordi-
nated and made to be mutually supportive.
6. PROPERTY DAMAGE
The Department's study of the auto acci-
dent compensation system focused princi-
pally on the bodUy injured victim. This prior-
ity seemed appropriate for several reasons.
First, people are more important than prop-
erty. Second, the most serious accident losses
are associated with people, not proi>erty.
Third, the present compensation system 1b
doing much better today with property losses
than It Is with people losses. Fourth, the
problems of personal Injury losses are far
more complicated than those of property
losses. Fifth, the principal problems afflicting
the compensation of property damage losses
are either also present In compensation per-
sonal injury losses, or are externalities such
as vehicle design or repair costs.
Nevertheless, property damage losses are
important; they are very large In dollar value
and they affect far more people than Injury
losses. In recent years the cost of repairing
vehicles has risen sharply with a consequent
rise In the cost of Insuring for that repair.
Experts, many of them within the insurance
Industry, have rightly traced part of this
rise to the designs of the vehicles themselves.
Unfortunately, there Is no way for liability
Insurance to distinguish between damage-
resistant vehicles and fragile vehicles, or be-
tween very expensive vehicles and those of
less value, because the liability insurer can-
not know what kind of a vehicle its Insured
will negligently strike.
Rating systems for collision Insurance have
only very recently begun to take any con-
sideration of the vehicle's damageabllity.
Now that the vehicle's contribution to crash
losses 18 widely recognized and being In-
creasingly considered by the Insurance com-
munity, some countervaUlng pressure on
vehicle manuf8w:turers to design more crash-
worthy and damage-resistant automobiles
may be In the offlng.
7. STRAINS ON INSURANCE INSTITUTIONS
The accumulated problems of the tort lia-
bility auto Insurance system are now making
an undeniable Impact on the Insurance In-
dustry Itself. Underwriting profits have
turned to underwriting losses for many. If
not most, companies. Several analyses have
Indicated that some capital has already been
withdrawn from the business of Insurance,
with a consequent diminution of its ability
to offer protection. If such a trend were to
jjerslst or accelerate, it would present a social
problem of very serious proportions.
Auto insurance today is becoming more
and more difficult for many drivers to buy
In the voluntary Insurance mtwket. Between
1966 and 1969, the number of motorists hav-
ing to obtain their Insurance through as-
signed risk plans grew from 2.6 million to 3.3
million, or 23 percent. One of the Depart-
ment's studies estimated that 8 to 10 percent
of all drivers were in the "hard-to-plaoe" In-
surance market In 1968: and recent months
have witnessed a further tightening of the
auto Insurance market, with some major
companies either refusing or severely limit-
ing any new business. This development
comes at a time when consumers' require-
ments for automobile Insurance protection
are increasing If only because of rising med-
ical and auto repair costs.
8. IMPACT ON OTHER PUBLIC INSTITUTIONS
AutomobUe stccldent disputes are a major
contributory factor to the present problems
of the nation's Judiciary, even as a multitude
of other demands threaten to overburden
and, thereby, undermine its effectiveness. Au-
tomobUe accidents contribute more than
200,000 cases a year to the nation's court
854
CONGRESSIONAL RECORD — HOUSE
lo*d and absorb more than 17 percent of
the country's total Judicial resources.
The motor vehicle accident tort liability
lns\irance system also has exerted great
strains on the existing system of State In-
surance reg\aatlon. It Is not coincidental
that the burgeoning problem of Insurer In-
solvencies has been concentrated among
specialty auto Insurers serving the high-risk
market. The resulting dlfllcultles created by
these Insolvencies for consvmiers, regulators
and the ln*»irance Institution In general,
have proved so resistant to solution that
they have led to proposals for a greater cen-
tralization of regulatory control, thereby
threatening local Initiative and freedom'ln
Insurance reg\ilatlon.
I. HiCHWAT SAFrrr and crash loss
MINIMIZATION
Highway safety research and technology
Is demonstrably moving from an art to a
science. However, the tort liability system
has served, albeit not Intentionally, to Im-
pede the development of this science In
many ways. It discourages openness and
frankness and encourages deceit on the part
of participants about what happened before,
during and after crashes. With the effective-
ness of safety programs depending upon a
sclentiflcally sound understanding of the
causes of highway crashes, insured drivers
are now routinely instructed by their in-
surance companies to speak to no one other
than the police, and even then to admit
nothing, lest their cases be prejudiced. In-
jured victims are similarly cautioned by
their attorneys to avoid disclosure.
With Its single-minded preoccupation with
Irlver error or negligence as the determi-
nant of the compensation decision, the tort
liability system Ignores all other contribut-
ing factors to crash losses, such as the ve-
aicle and the roadway. Cars that are poorly
leslgned to resist damages and to protect
Dccupanta from Injury can turn what should
aave been a minor crash Into a large loss or
iven a serious tragedy. Yet the tort lUbUlty
Insurance premium does not and cannot re-
ject the value of the car's protective at-
tributes in any way because the third-party's
i-ehlcle Is unknown untn after an accident
Has occurred.
In summary, tbe existing system 111 serves
the accident victim, the Insuring public and
loclety. It is inefficient, overly costly, in-
:omplete and slow. It allocates benefits poor-
y, discourages rehabilitation and overbur-
lens the courts and the legal system. Both
>n the record of Its performance and on the
ogle of Its operation. It does little If any-
;hlng to minimize crash losses.
On Tuesday, April 20, 1971, I under-
x»ok 8 days of intensive hearings before
ny Subcommittee on Commerce and Fl-
lance on the Department of Transporta-
;lon'8 report and the no-fault motor ve-
ilcle Insurance bills then pending before
he subcommittee. In those hearings the
idminlstration took the position that no-
ault motor vehicle insurance legislation
ihould be adopted, but on a State-by-
3tate basis. It then went on to actively
obby for passage of no-fault motor ve-
licle legislation In several States. In
rune of last year the President in a tele-
mun to the National Governors' Con-
erence stated :
No-fault Insurance Is an Idea whose time
i las come. • • •
The achievement of real automobile In-
1 urance reform through adoption of the no-
: ault principle would be a particularly effec-
ilve way of demonstrating the responslve-
I less and farsightedness of state government.
] commend those States which already have
moved on this Important question. I urge
1 hat the other States. buUdlng on the expe-
1 lence gained so far, make the enactment of
no-fault automobile Insurance a matter of
top cons\imer priority.
In 1972. 43 State legislatures met and
no-fault motor vehicle insuranca bills
were introduced in 37 of them. Of the
other six, four were in restricted sessions
that prohibited the consideration of no-
fault legislation. The other two States,
Massachusetts and Florida, had already
adopted such legislation.
Notwithstanding the administration's
lobbying efforts in the State legislatures
and the proven performance of the lim-
ited no-fault system which Is in effect
in Massachusetts, only three States, Con-
necticut. New Jersey, and Michigan
passed legislation deserving the name
"no-fault" in 1972. It reminds one of
the performance of the States in enact-
ing workmen's compensation statutes.
It took 37 years from the time the first
State adopted a workmen's compensation
statute until the last State had done so,
1911 to 1948. Surely this cannot be per-
mitted in the case of no-fault motor
vehicle legislation.
Taking into account the unyielding
opposition of the trial bar and of various
segments of the insurance industry,
which has proven to be so effective at the
State level and the fact that motor vehi-
cle insurance is today a national prob-
lem which deserves an effective national
solution, the only reasonable alternative
is Federal legislation.
Mr. Speaker, I believe that H.R. 10, the
National No-Fault Motor Vehicle In-
surance Act, is the kind of legislation
which should be enacted, and I intend
to press toward that goal. This legisla-
tion would establish a uniform system
of no-fault motor vehicle Insurance for
the 50 States and the District of Colimi-
bia, and would be administered by the
Secretary of Transportation. It is pat-
terned after the Uniform Motor Vehi-
cle Accident Reparation Act, UMVARA,
which was drafted by the National
Conference of Commissioners on Uni-
form State Laws under a grant from the
Secretary of Transportation.
For the information of Members of the
House, Mr. Speaker, I would like to in-
sert at this point in the Record a section-
by-sectlon summary of HJl. lO:
SxcnoN-BT-SxcnoN Sitmmajit or thx Na-
tional No-Faxtlt Motor Vehicije Insttk-
Awcx Act — HJl. 10
SRCnON 1 SHOST THXE, TABI^ OF CONTENTS,
DKf'lNITIONS
As Indicated, section 1 gives the legislation
Its short tlUe — National No-Fault Motor Ve-
hicle Insurance Act — sets out the Act's table
of contents, and defines 28 terms used
throughout the legislation. No effort wUl be
made here to define these terms. Some of
their meanings are self-evident. Since all
terms are used throughout this sectlon-by-
sectlon In the sense defined. It may be helpful
to the reader to give in a general way the
meaning of the following Important terms,
the meaning of which may not be self-evi-
dent. It should be emphasized that these are
not the precise definitions of the terms. To
facilitate checking a definition the niunber
appearing before the following terms is the
nximber of the paragraph In section 1(c)
where the term Is defined.
(2) "allowable exp>enses" are reasonable
charges for products, services, and accommo-
dations reasonably needed by the Injured
person.
Janimry ii, 197^
(3) "basic reparation benefits" means ben.
efits provided under the legislation for n«t
loss suffered through Injury arising out of the
maintenance or use of a motor vehicle
(4) "basic reparation Insurance" is the in-
surance required by the legislation to be car-
ried with respect to a motor vehicle. The term
Includes self Insurance.
(5) "basic reparation Insured" Is the person
named In instrument of basic reparatloo in-
surance and persons not named In the Instru-
ment who are related to the person so named
and live In his household.
(7) "Injury" Includes sickness and death
(8) "loss" Is economic detriment ccnsUtlne
of aUowable expense, work loss, replacement
service loss, and (If injury causes death)
survivor's economic loss and survivor's re-
placement service loss.
( 12) "noneconomlc detriment" means non-
pecuniary damage recoverable under the tort
law of the State In which the accident occurs
(17) "reparation obUgor" is one who pro^
vldes the insurance required by this legisla-
tion.
(18) "replacement services loss" Is the ex-
penses reasonably Incurred In obtaining ordi-
nary and necessary services In lieu of thoae
an Injured person would have performed
without remuneration for himself or bis
family.
(19) "Secretary" means the Secretary of
Transportation.
(21) "security covering the vehicle" Is the
Insurance covering the -^chicle. The vehicle
for which the secxirlty Is provided Is the "se-
cured vehicle".
(28) "work loss" U loss of Income from
work the Injured person would have per-
formed If he had not been Injured.
SECTION 3 RIGHT TO BASIC RXPABATION
BKNETITS
This section provides that every person
suffering loes from an Injury arising out of
the maintenance or use of a motor vehicle
Is entitled to basic reparation benefits If the
accident causing the Injury occurred In a
State (Including the District of Columbia).
In addition basic reparation insureds and
some drivers and occupants of secured ve-
hicles are entitled to such benefits for such
losses regardless of where the accident oc-
curs.
SECTION 3 OBLIOATION TO PAT BASIC
REPARATION BBNEnrS
Basic reparation obligors and assigned
claims plans must pay basic reparation bene-
fits In accord with the provisions of the leg-
islation without regard to fault.
SECTION 4 PBIOBITT OF APPLICABILITT OF SE-
CXTRITT FOR PAYMENT OF BASIC REPARATION
BENEFITS
In View of the many fact situations which
might arise, section 4 establishes priorities of
obligation for the payment of benefits. In
most Instances benefits will be paid under the
security In which the Injured person is a
basic reparation Insured, or. If he Is not a
basic reparation Insured, under the security
covering the Involved motor vehicle.
SECTION 5 — PARTIAL ABOLITION OF TORT
LIABIUTT
Tort liability with regard to motor vehicle
accidents occurring In a State Is abolished,
except In certain specified Instances. For ex-
ample, liability is preserved (1) for damages
for work loss, replacement services loss, sur-
vivor's economic loss, and siirvlvor's replace-
ment services loss In excess of $200 per
week (Which are not payable as basic reftara-
tlons benefits) which occur after the person
Is disabled six months or dies, and (2) for
damages In excess of 11,000 for non -economic
detriment. I.e., pain and suffering, etc If
the Injured person dies, suffers significant
permanent Injury, serious permanent dis-
figurement, or more than six months com-
plete Inability to work in hla occupation.
January 11, 1973
CONGRESSIONAL RECORD— HOUSE
855
gBCnON e — REPARATION OBLIGORS RIGHTS OF
£(UfBI7RSEMENT, SUBROGATION, AND INDEM-
MITT
BCTioN 7 — SEctmrrT covering motor
VEHICLES
This section specifies the manner In which
the Federal Government, State and local gov-
ernments may provide the security required
by the legislation on their motor vehicles.
All other owners of motor vehicles regis-
tered or operated In a State with their per-
mission are required to provide security on
those vehicles for payment of basic repara-
tions benefits and the tort liability coverage
reqiilred by the legislation.
The manner In which self-Insurance, meet-
ing the requirements of the legislation, may
be achieved Is set out In subsection (d) .
No motor vehicle may be registered In any
State unless satisfactory evidence Is fur-
nished that the vehicle Is covered by the
security required by this legislation.
section 8 — OBLIGATIONS UPON TEMINATION OF
SECURTTT
Section 8 details what is required of the
owner and the Insurer where security cover-
ing a motor vehicle terminates. It also de-
tails the Secretary's duties where he with-
draws approval of secvirlty provided by a self-
Insurer or knows that self-Insurance with
regard to a motor vehicle ceases to exist.
SECTION 9 INCLUDED COVERAGES
It is clearly spelled out that any Insurance
contract which purports to provide coverage
for basic reparation benefits or Is sold with
such a representation has the legal effect of
Including all coverages required by this Act.
Any contract of liability Insurance for Injury
(unless It provides coverage only for liability
In excess of that required by this legislation)
Includes the basic reparations benefit cover-
age and minimum tort liability coverage re-
quired by this legislation, notwithstanding
any contrary provision In It.
SECTION 10 REgUIRED MINIMtTM TORT LIA-
Bn-nr insurance and territorial cover-
age
Liability coverage of not less than $26,000
for all damages arising out of bodily Injury
sustained by any person as a result of one
accident and of not less than $10,000 for
damages arising out of Injury to or destruc-
tion of property arising out of any one acci-
dent is required by this section.
section H CALCXTLATION OF NET LOSS
In determining an Individual's net loss for
the purpose of calculating entitlement to
basic reparations benefits for an injury, there
must be first subtracted from the loss cer-
tain benefits which he receives or is en-
titled to receive on account of the Injury.
Included among the benefits which must be
so deducted are those from social security
(other than those provided under the Med-
icaid program), workmen's compensation,
and benefits (other than the proceeds of life
Insurance) received from the United States,
a State, any political subdivision of a State,
or an Instrumentality of two or more States
unless the legislation providing for the bene-
fits makes them secondary to the benefits
payable under this legislation.
A similar deduction would be made of
not to exceed 15 percent of benefits received
to compensate for loss of Income, to reflect
the value of any Federal Income tax savings.
SECTION 12 — standard REPLACEMENT SERVICES
LOSS EXCLUSION
In calculating basic reparation benefits, all
replacement services loss suffered on the
date of injury and the first seven days there-
after are excluded.
SECTION 13 STANDARD WEEKLY LIMIT ON
BENETITS FOR CERTAIN LOSSES
Basic reparation benefits payable for work
loss, survivor's economic loss, replacement
■«rvlces loss, and survivor's replacement
service loes arising from one injury to one
person may not exceed $200 per week.
SECTION 14 OPTIONAL DEDUCTIBLES AND
EXCLUSIONS
Each basic reparation Insurer would be
required to offer specific deductibles and
exclusions, at appropriately reduced pre-
mium rates. These would apply only to an
individual who is a basic reparation Insured
under a policy and In the case of bis death
to his survivors.
The deductibles and exclusions would be as
follows :
(1) Deductibles from all basic reparations
benefits otherwise payable.
(2) An exclusion. In calculation of net
loss, of a reasonable percentage of work loss
and survivor's economic loss.
(3) An exclusion, in calculation of net loss,
of all replacement services loss and sur-
vivor's replacement service loss or a portion
thereof.
(4) A deductible of $100 per accident from
all basic reparation benefits otherwise pay-
able for Injury to a person on a motorcycle.
(5) Exclusions In calculation of net loss,
of any of those amounts, and kinds of loss
compensated by benefits a person receives or
Is unconditionally entitled to receive from
any other specified source, subject to speci-
fied conditions. This would apply to certain
hospital, medical, and accident insurance/
benefit coverages.
SECTION 15 PROPERTY DAMAGE EXCLUSION
Basic reparation benefits do not include
benefits for harm to property.
SECTION 16 BENEFITS PROVmED BY OPTIONAL
ADDED REPARATION INSURANCE
Each basic reparation insurer is required
to offer added reparation coverages for work
loss, survivor's economic loss, replacement
service loss, and survivor's replacement serv-
ices loss (or portions thereof) In excess of
$200 per week (the limit imposed by section
13 on the amount payable In any week for
such losses arising from Injury to one per-
son).
Other optional added reparation coverages
could be offered by basic reparation insurers.
The Secretary could require basic repara-
tion Insurers to offer specified optional added
reparation coverages.
Basic reparation Insurers would also be re-
quired to offer specified coverages for physi-
cal damages to motor vehicles.
SECTION 17 APPROVAL OF TERMS AND FORMS
Terms and conditions of coverages pro-
vided under the legislation are subject to ap-
proval by the Secretary slwr consultation
with a body or bodies repre.eniative of State
insurance commissioners.
SECTION 18 assign;:!' CLAIMS
This section lists the cas s In wl Ich pay-
ment of basic reparation benefits will be
made through an assigned claims I'lan. In
those cases, this section also sets cut the
cases where subrogation occurs, the extent
to which benefits from other sources a-e de-
ducted, and the extent to which deductions
and exclusions will apply where a person has
failed to obtain required basic reparatloL In-
surance.
SECTION 19 ASSIGNED CLAIMS PLAN
This section sets out the manner In whlc*!
assigned claims plans In the States will be.
organized and maintained.
SECTION 20 TIME FOR PRESENTING CLAIMS UN-
DER ASSIGNED CLAIMS PLAN
This section spells out the period within
which a j)erson authorized to obtain basic
reparation benefits through an assigned
claims plan must notify the plan of his
claim.
SECTION 21 CONVERTED MOTOR VEHICLES
A person who converts a motor vehicle Is
with respect to Injuries arising from main-
tenance or use of that motor vehicle dis-
qualified from receiving basic reparation ben-
efits except from security under which he Is
a basic or added reparation Insured.
SECTION 23 — INTENTIONAL INJURIES
A person Intentionally causing or attempt-
ing to cause injury, and his survivors, are
disqualified from basic or added reparation
benefits for injury arising from his acts.
SECTION 23 — REJ> 
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